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HomeMy Public PortalAbout20000426 - Agendas Packet - Board of Directors (BOD) - 00-09 Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-09 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, April 26, 20W 330 Distel Circle Los Altos, California Please Note: 5:30 p.m. Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT--CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Property Negotiator - Government Code Section 54956.8 Real Property - Santa Clara County Assessor's Parcel Numbers 517-16-009, 510-27-0334, and 510-28-012 Agency Negotiators - Craig Britton and Susan Schectman Ne o i in Parties -Wallace Krone and William Bishop g t at g arh Under Negotiations - Instructions to negotiator will concern price and terms of payment 2. Public Employment- Government Code Section 54957 Public Employee Performance Evaluation- General Manager REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR—K.Nitz *** WRITTEN COMMUNICATIONS **** APPROVAL OF MINUTES • March 22, 20W 330 Distel Circle 9 Los Altos, CA 94022-1404 * Phone: 6.50-691-1200 FAX:650-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Hoard of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder, Kenneth C.Nitz - Genera!Manager:L.Craig Britton Meeting 00-09 Page 2 I l I BOARD BUSINESS 7:35 1 Approval of Fiscal Year 2000-2001 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff, Retroactive to April 1, 2000; Recommendations are Contingent Upon Board Approval of Budget Appropriations Under Agenda Item 3 (Report R-00-56) - D. Dolan i 7:50 2 Approval of Memorandum of Agreement with Service Employees International Union, AFL- CIO Local 715; Adopt the Resolution Approving the Memorandum of Agreement with Service Employees International Union, AFL-CIO Local 715, for a Term of April 1, 2000 through March 31, 2003, Retroactive to April 1, 2000; Recommendations are Contingent Upon Board Approval of Budget Appropriations Under Agenda Item 3 (Report R-00-56) - D. Dolan 8:05 3A Controller's Report on the Proposed Fiscal Year 2000-2001 Budget (As Amended) - M. Foster 3B Approval of Amended Fiscal Year 2000-2001 Operating Expense Budget Resulting from Salary and Benefit Adjustments for Bargaining Unit Members and Office, Supervisory and Management Staff; Approve the Amended Budget Presented in the Report, Totaling an Overall Increase in Operating Expenses of$463,157; Adopt the Resolution Approving the Amended Budget for Fiscal Year 2000-2001 -D. Woods *** 4 Final Adoption of an Amendment to the Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Identify Bench Sites and to Permit Bench Installation by Peninsula Open Space Trust in Its Memorial Giving Program- D. Vu 8:05 5 Approval of License Agreement to Enable the Town of Portola Valley to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Space Preserve; Determine that the Recommended Actions are Exempt from the California Environmental Quality Act (CEQA) as sex out in the Report; Authorize the General Manager to Execute the Letter to the Town of Portola Valley Affirming Your Concurrence with the Attached Programmatic Section 4(F)Evaluation for the Alpine Road Downslope Repair Project; Authorize the General Manager to Execute the License Agreement with the Town of Portola Valley For Repairs to Alpine Road Adjacent to Windy Hill Open Space Preserve. The License Agreement is Conditional on the Town of Portola Valley Subsequently Approving a Conservation Easement upon the Town's Property Identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in Exchange for District Approval of a Permanent Slope Easement in Favor of the Town for These and Future Road-Related Repairs - T. Fischer *** 6 Authorization to Solicit Bids for Four (4)Truck Bodies; Authorize Staff to Advertise for Bids to Purchase Four (4)Truck Bodies -J. Escobar *** 7 Authorization for Board President Nitz to attend the Special Parks Districts Forum 2000 in Maryland; Authorize Board President Nitz to attend the Special Parks Districts Forum 2000 in Montgomery and Prince George's Counties, Maryland at a total cost not to exceed$1,500. - C. Britton *** REVISED CLAIMS Meeting 00-09 Page 3 INFORMATIONAL REPORTS— Brief reports or announcements concerning pertinent activities of District Directors and Staff. CLOSED SESSION CONTINUED(if necessary) 8:45 ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open 'ace --------------- A- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 27, 2000 Ms. Pat Gfraere 1085 Valley Forge Dr. Sunnyvale, CA 94087-2042 Dear Ms. Gfraere: Thank you for your letter of April 3, 2000. At their regular Meeting last night, the District's Board of Directors considered your correspondence regarding the use of cellular telephones on trails in District preserves. We share your concern for the need to retain an environment of peace and serenity for District visitors, and it is our hope that users of District preserves will take the opportunity to enjoy the natural beauty which is afforded to them, without the distraction of modern electronics. We attempt to teach this sensitivity through our District outreach programs, which are provided by volunteer docents. However, banning the use of cellular telephones would probably be impractical. Some visitors carry portable two-way radios (such as the increasingly popular family radio service) to keep track of their group, and such a ban would also have to cover these types of communications devices. Visitors also use cellular telephones to report emergencies, which could be a valuable service to other preserve users. Since Rancho San Antonio preserve is adjacent to an urban area, cellular telephone reception is often good. We think that you will find that cellular telephone usage is less prevalent in our more remote preserves, since reception is likely to be poorer. Thank you for contacting us, and we hope that you will continue to use and enjoy the District's preserves. Sincerely, Ken Nitz, President Board of Directors KN'/gb 330 Distel Circle Los Altos, CA 9402 2-1 404 Phone:650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site:wwvv.openspace.org Board of Directors:Pete Siemens, Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • GeneralAlanager:L.Craig Britton D EC E 0 WE APR 6 2000 11 ULA RE IONAL OPEN SPACE fSTRICT N C�lv z')\,ti Ro Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 22, 2000 MINUTES SPECIAL MEETING I. ROLL CALL President Ken Nitz called the meeting to order at 6:30 P.M. Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and Deane Little. Members Absent: Betsy Crowder. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Mike Williams, Del Woods, and Thomas Fischer. H. CLOSED SESSION K. Nitz stated that the Board would adjourn to Closed Session for the purpose of a discussing Closed Session Agenda Items 1, 2, 3, 4, and 5. The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6.33 P.M. The Board concluded the Closed Session at 7:30 P.M. SPECIAL MEETING K. Nitz noted that no reportable action had taken place in Closed Session, and called the Special Meeting to order at 7:33 P.M. S. Schectman outlined the staff recommendations. III. Special Meeting Agenda Item No. 1 - Authorize the General Manager to Request a Shortened Review Period From the Sate Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Krone and Bishop as an Addition to El Sereno Open Space Preserve — (Report R-00- 44 . I Motion: J. Cyr moved that the Board adopt Resolution No. 00-15, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail: mrosd@ohenspace.org . Web site:www.ol)ensl)ace.org I Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Manager:l Craig Britton .. ..__.... Meeting 00-07 Page 2 General Manager to Submit a Request to the State Clearinghouse for a Shortened Review Period for Proposed Negative Declaration Under the California Environmental Quality Act (Proposed Addition to El Sereno Open Space Preserve —Purchase of Lands of Krone and Bishop). P. Siemens seconded the motion. Discussion: S. Schectman said all the requisite notices for a special meeting had been given. Vote: The motion passed 6 to 0. At 7:36 P.M.,the Board concluded the Special Meeting. REGULAR MEETING IV. K. Nitz called the Regular meeting to order at 7:37 P.M. Additional Staff Present: Randy Anderson. V. ORAL COMMUNICATIONS VI. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. VH. ADOPTION OF CONSENT CALENDAR Motion: M. Davey moved that the Board adopt the Consent Calendar, including agenda item 5, Annual Claims List for Fiscal Year 2000-2001: Aporove the Annual Claims List, Including Debt Service Payments for the Fiscal Year 2000-2001; agenda item 7, Authorization to Purchase Four Vehicles at a Total Cost of 7�9,479: Conditional on the Final Anorova! of the Fiscal Year 2000-2001 District Budget Direct the General Manager to Execute a Purchase Contract With the State Department of General Services for Four Patrol Trucks at a Total Cost of $74.479; agenda. item 9, Reimbursement of Registration Fees to Director Crowder for Attendance at the PCL Foundation 2000 Environmental Legislative Sym sium: Authorize the Reimbursement of Registration Fees in e Amount f $55.00 to Director Crowder for Her Attendance at the PCL Foundation m si m on March 4 2000; and Revised Claims 00-06. J. Cyr seconded the motion. The motion passed 6 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 1 - Adoption of the Action Plan for the Implementation of the District's Basic Policy for Fiscal Year 2000-2001; Adopt the Fiscal Year 2000-2001 i i Meeting 00-07 Page 3 I Action Plan for the Implementation of the Basic Policy of the Midneninsula Regional Qaen Space District - (Rrt R-00-37). C. Britton noted changes in the staff report on page 2 under General Program Emphasis for 2000-2001, and on page 3, Item 3, to indicate that Propositions 12 and 13 had passed. In regard to Item 3a on page 13, J. Escobar said this project was in progress and would take more than a year. In reference to Item 1 under Other Projects and Activities on page 5, C. Britton said if there is another program to supersede this one, they would not pursue it. Motion: J. Cyr moved that the Board adopt the 2000-2001 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District, as amended. P. Siemens seconded the motion. Discussion: N. Hanko asked if they were going to paint the barn, #31 on page 6 of the chart. R. Anderson stated there were issues with lead-based paint removal so painting was not budgeted for this year. N. Hanko said it was getting to be an eyesore and people were complaining. Following discussion, C. Britton said they would add under tasks, "analyze paint for procedure to preserve barn's integrity." Vote: The motion passed 6 to 0. B. Agenda Item No. 2 - As=tance of Insurance Coverage for Fiscal Year 2000-2001 at a Total Cost of$198„303• Approve the Property and General Liability. Auto. Umbrella Liability. Fidelity Bond and Public Entity Errors and Omissions Insurance Bid Totaling $198 303 from Thoits Insurance Brokers Based on the Quotations Shown from Reliance, General Accident Insurance, Fireman's Fund Insurance, Chubb and United National Insurance for the Period of AlLnl 1. 2000, through March 31. 2001 - W= R- -4 C. Britton said Skip McIntyre, the District's insurance broker from Thoits Insurance, was not able to be at the meeting because of medical necessity. D. Dolan noted that the addition of Employment Practices Liability Coverage under Public Entity Errors and Omissions Coverage accounted for most of the increase in insurance premiums. J. Escobar said the District now has 37 vehicles. C. Britton said he felt the rates were good based upon previous years and the fact that staff had increased, and the amount of District buildings and acreage had increased.. Meeting 00-07 Page 4 Motion: M. Davey moved that the Board approve the property and general liability, auto, umbrella liability, fidelity bond, and public entity errors and omissions insurance bid totaling $198,303 from Thoits Insurance Brokers based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund Insurance, Chubb, and United National Insurance for the period of April 1, 2000, through March 31, 2000. P. Siemens seconded the motion. The motion passed 6to0. C. Agenda Item No. 3 - Controller's Report on the Proposed Fiscal Year 2000-2001 Budget - (Report R-00-30). C. Britton said M. Foster couldn't be at the meeting but will attend when the Board reviews the salary and benefit adjustments. He said it had been suggested that, as salary and benefit agreements are reached, M. Foster return to the Budget Committee with a presentation. He referred to the graph in the FYIs to show the six percent operating budget growth guidelines. Board members thanked the staff. By consensus, the Board accepted the report. D. Agenda Item No. 4A- Annroval of Fiscal Year 2000-2001 Budget Recommendations Administration and Budget Committee Report - &port R-00-39) J. Cyr presented the Administration and Budget Committee report and said they will return to the full Board after they include salaries and benefits. Motion: M. Davey moved that the Board approve the proposed 2000-2001 budget without salary and benefit increases; after the Board has made a decision on salary and benefit increases, refer the budget back to the Administration and Budget Committee for analysis and recommendations to the full Board; approve the Proposed Budget Guidelines for Board Conference Attendance; direct the ad hoc Board Appointee Evaluation Committee to initiate an evaluation and salary review for the General Manager, Controller, and Legal Counsel; and direct the Administration and Budget Committee to review the 1999-2000 actual versus projected expenditures after completion of the audit. Mid-way through the fiscal year, review the 2000-2001 budget and expenditure status, review the capital improvement budget to insure the guidelines are working adequately, and meet with the Controller for a review of the District's financial status. P. Siemens seconded the motion. Discussion: N. Hanko suggested that Item 2 of the Proposed Budget Guidelines for Board Conference Attendance be amended to read, "Attendance at a Meeting 00-07 Page 5 specific conference will be assigned as follows: one conference for the president or Vice President to attend the annual Special Parks Districts Forum; . . M. Davey accepted this amendment to the motion. K. Nitz said he would vote no because the report does not include salary and benefits. J. Cyr commented that it would be preferable to have that information but he felt comfortable approving the budget this way. vote. The motion passed 5 to 1, with President Nitz voting no. E. Agenda Item No. 4B- Approval of Fiscal Year 2000-2001 Budget Recommendations Staff Report - (R.=rt R-00-43). C. Britton summarized the staff report, stating that this was information the Board had reviewed before and it was being brought back with several minor corrections. Motion: P. Siemens moved that the Board adopt Resolution No. 00-16, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 2000-2001. N. Hanko seconded the motion. The motion passed 5 to 1, with President Nitz voting no. F. Agenda Item No. 6 - Tentative Adoption of an Amendment to the Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Identify Bench Sites for Use by Peninsula Open Space Trust in its Memorial Giving Program: Determine that the Recommended Actions are Categorica4 Exempt Under the California Environmental Quality Act as Set Out in the Report, Tentatively Adopt an Amendment to the Comprehensive Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Permit Installation of Future Benches for Use by Peninsula Oven Space Trust in its Memorial Giving; Program - (Report R-00-34) R. Anderson presented the report of the Use and Management Committee. He said Curt Riffle had volunteered to work on the catalog. Four of the 22 prospective bench sites have been reserved for the District. Board members expressed great appreciation to Mr. Riffle for his time and effort. R. Anderson showed slides of the sites. Discussion followed regarding the cost of benches. C. Britton said that under District policy, if a person has been of particular help to the District as determined by the Board, r there would be no cost for a bench. Otherwise, he said the District is not encouraging people to put in benches. He said it was never intended to be a program Meeting 00-07 Page 6 where any person could request a bench. POST is having the benches made and installing them, as well as guaranteeing maintenance for a certain period of time, but no memorial plaques will be installed. Board members expressed concern about POST's policy on the cost for benches. D. Little would like to make sure that it is not a situation where only the wealthy receive benches. In regard to how long the benches would remain, C. Britton said the idea is that they would be there perpetually, but the District does not maintain them beyond the time of POST's commitment. C. Britton said he would contact POST about their policy on the cost of benches. R. Anderson informed the Board that current policy does not allow plaques on the benches. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality act as set out in the staff report; and tentatively adopt an amendment to the Comprehensive Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to permit installation of future benches for use by Peninsula Open Space Trust in its memorial giving program. P. Siemens seconded the motion. Discussion: C. Britton told the history of "Bob's Bench." K. Nitz said he was totally against benches. Mr. Riffle complimented Rangers Dennis Danielson and Phil Hearin who had worked with him on surveying the potential sites. Vote: The motion passed 5 to 1, with President Nitz voting no. H. Agenda Item 8 - Approval of Retainer Agreement With Environmental Science Associates and Authorization of Payment for Services in a Total Amount Not to Exceed 25.n: Approve the Letter of Agreement for Environmental Planning Services With the Environmental Planning, Firm of Environmental Science Associates: Authorize the General Manager to Sign the Agreement on Behalf of the District and Authorize Initial Payment for Services in a Total Amount Not to Exceed $25.000- (Revort R400-42Z D. Woods presented staff s recommendations. Motion: M. Davey moved that the Board approve the letter of agreement for environmental planning services with the environmental planning firm of I . . ..... ..._ Meeting 00-07 Page 7 Environmental Science Associates; and authorize the General Manager to sign the agreement on behalf of the District and authorize initial payment for services in a total amount not to exceed $25,000. P. Siemens seconded the motion. Discussion: D. Woods said there Was a Negative Declaration because of the domestic water problem. Y-21fli The motion passed 6 to 0. ]EX. INFORMATIONAL REPORTS D. Little: 1. He talked about the March 9 trail use meeting. Fellow Board members said they had heard positive comments regarding his chair of the committee. J. Cyr: 1. He distributed newspaper articles in response to the March 9 meeting. 2. He said the Board President had asked each committee to review their charge and mission. He read the vision statement from the Administration and Budget Committee into the record. N. Hanko commented on Item 6 under Vision regarding the District enlarging to Santa Cruz County, noting that she was not sure that would be a good idea. She said Santa Cruz County should be encouraged to form their own district. K. Nitz said he appreciated the Administration and Budget Committee's review of itself and hoped the other committees would follow suit. N. Hanko: 1. She and C. Britton met with Palo Alto Mayor Liz Kniss and Greg Betts, Open Space and Sciences Director, yesterday to talk about a possible regional trail connection. They talked about one through Foothill Park to connect to Los Trancos. She said Patty Ciesla had given them a map showing another alternative. 2. P. Siemens, J. Cyr, and she had attended a meeting of San Mateo County Agricultural Advisory Committee at which the District's consultants were there talking about the service plan. 3. The Horton (Stanford) meeting scheduled for today was called off and will be re-scheduled. 4. She and P. Siemens toured Windy Hill, including looking at the driveway to the Kabcenell property. She expressed regret that the District couldn't acquire the entire property. P. Siemens: 1. Regarding the meeting on potential trail closures, he said it seems the issue is that we are taking away something the cyclists have had. 2. Regarding the Agricultural Advisory Committee, he thought they were concerned that the District will buy land and take it out of production. He had talked to them about easements. J. Cyr said he thought the farmers also were concerned with the adverse impacts of letting land go fallow. M. Davey: 1. Consideration of the Bressler property has been postponed by Palo Alto until April. 2. Regarding the Stanford land, they will have a strategy gathering next week. Meeting 00-07 Page g C. Britton: 1. John Nicholas, Interim Area Superintendent at Foothills, left the District on March 17, and John Kowaleski has been promoted to that position. 2. M. de Beauvieres' last day was today. She will be under contract as a consultant for the trail program and El Corte de Madera.. 3. R. Anderson has given notice of his intent to resign. 4. The Special Parks District Forum will be held June 7-10. K. Nitz will attend. 5. He referred to the Operations Program review memo from G. Baillie and said they would forward it to field staff. 6. He showed the picture to be given to Rich Gordon in appreciation for his work as chair of the Coastal Advisory Committee. 7. He had met with Rusty Arias, new Director of Parks, at the CPRS meeting last Friday in Ontario. Carol Nelson will help set up a tour of District lands for Mr. Arias. S. Schectman: 1. Information on the Diesel restitution award as the result of illegal grading was in the FYIs. She said the award was based in part on R. Anderson's testimony at the restitution hearing. J. Escobar: 1. He said they are in the midst of ranger hiring and explained what the skills test consisted of. 2. Art O'Neal began an Influencing Skills workshop today. R. Anderson: 1. He tentatively set April 11 at noon for a meeting with the Trails Committee. 2. The tentative date for Special Board meeting on Trail Policy is Tuesday, May 23, 7:00 P.M. X. ADJ0UPJ4N ENT At 9:30 P.M., the meeting was concluded, and the Board reconvened in Closed Session at 9:36 P.M. to discuss Closed Session Agenda Items. At 10:55 P.M., the special meeting Closed Session was adjourned. Roberta Wolfe Recording Secretary I i Claims No. 00-06 Meeting 00-06 Date: March 22, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1515 683.26 Acme &Sons Sanitation Sanitation Services 1516 131.72 Alamo Lighting Light Bulbs-Distel Circle Office 1517 36.34 AirTouch Paging Pager Service 1518 28.02 AT&T Telephone Service 1519 45.69 Barron Park Supply Co. Field Supplies 1520 3,850.00 Timothy C. Best, CEG Purisima Road Construction Services 1521 2,368.73 Big Creek Lumber-Fence Projects 1522 1,867.50 Biotic Resources Group Resource Management Services--Sierra Azul 1523 790.00 Bowerman Electric Electrical-Tenant Improvements-DC Building 1524 8,673.86 BT Commercial Real Estate Leasing Commission--DC Building Tenant 1525 68.35 Cabela's Uniforms 1526 5,200.00 California Conservation Corps Pulgas Habitat Restoration-Crew Services 1527 94.54 California Water Service Company Water Service 1528 82.00 Cascade Fire Equipment Company Replacement Fire Hose 1529 193.95 Cole Supply Co., Inc. Janitorial Supplies 1530 348.16 Costco Wholesale Office Supplies 1531 3,846.13 D &M Consulting Engineers Geotechnical Engineering Services 1532 2,612.77 Environmental Systems Research Institute, Inc. GIS Software 1533 29.95 Emergency Vehicle Systems Vehicle Part 1534 134.23 Tom Fischer Vehicle Mileage 1535 63.52 Forestry Suppliers, Inc. Field Supplies 1536 27.19 Foster Bros. Security Systems, Inc. Key Duplication 1537 21.60 G &K Services Shop Towel Service 1538 1,537.50 GreenInfo Network Map & Patrol Map Design& Production 1539 360.00 Green Waste Recovery, Inc. Dumpster Service 1540 8,877.00 Harbor Printing Spring Newsletter Printing 1541 14.94 Home Depot Field Supplies 1542 121.36 Michael Johnson Tenant Space Improvements-Distel Building 1543 76.45 Langley Hill Quarry Baserock 1544 337.50 Lindstrom Co. Pulgas Habitat Restoration Equipment 1545 246.08 Los Altos Garbage Company Sanitation Services 1546 72.00 Magana's Building Maintenance Light Maintenance-Distel Circle Building 1547 225.54 MetroMobileCommunications Radio Repair and Maintenance 1548 550.64 Moffett Supply Company Restroom Supplies 1549 508.50 Moore Medical Supply Medical Supplies 1550 331.81 National Glass Vehicle Windshield 1551 497.19 Navarone Mailing Services Newsletter Mailina 1552 81.19 *1 Chris Newcomb Custom Frame-Supervisor R. Gordon 1553 1,916.12 Orchard Supply Hardware Field Supplies 1554 277.36 Pacific Bell Telephone Service 1555 2.597.36 Panko Architects Distel Building Office Remodel--Architect 1556 123.24 Peninsula Blueprint Printing Services 1557 278.69 PIP Printing Printing Services 1558 15.97 Rancho Hardware Field Supplies 1559 124.29 Laura Raymaker Vehicle Mileage 1560 210.00 Rebholtz Mechanical, Inc. Enterprise Rental Repair 1561 1,884.82 Redwood General Tire Co., Inc. Tires Page 1 Claims No. 00-06 Meeting 00-06 Date: March 22, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1515 683.26 Acme& Sons Sanitation Sanitation Services 1516 131.72 Alamo Lighting Light Bulbs-Distel Circle Office 1517 36.34 AirTouch Paging Pager Service 1518 28.02 AT &T Telephone Service 1519 45.69 Barron Park Supply Co. Field Supplies 1520 3,850.00 Timothy C. Best, CEG Purisima Road Construction Services 1521 2,368.73 Big Creek Lumber-Fence Projects 1522 1,867.50 Biotic Resources Group Resource Management Services--Sierra Azul 1523 790.00 Bowerman Electric Electrical-Tenant Improvements-DC Building 1524 8,673.86 BT Commercial Real Estate Leasing Commission--DC Building Tenant 1525 68.35 Cabela's Uniforms 1526 5,200.00 California Conservation Corps Pulgas Habitat Restoration-Crew Services 1527 94.54 California Water Service Company Water Service 1528 82.00 Cascade Fire Equipment Company Replacement Fire Hose 1529 193.95 Cole Supply Co., Inc. Janitorial Supplies 1530 348.16 Costco Wholesale Office Supplies 1531 3,846.13 D & M Consulting Engineers Geotechnical Engineering Services 1532 2,612.77 Environmental Systems Research Institute, Inc. GIS Software 1533 29.95 Emergency Vehicle Systems Vehicle Part 1534 134.23 Tom Fischer Vehicle Mileage 1535 63.52 Forestry Suppliers, Inc. Field Supplies 1536 27.19 Foster Bros. Security Systems, Inc. Key Duplication 1537 21.60 G &K Services Shop Towel Service 1538 1,537.50 GreenInfo Network Map & Patrol Map Design& Production 1539 360.00 Green Waste Recovery, Inc. Dumpster Service 1540 8,877.00 Harbor Printing Spring Newsletter Printing 1541 14.94 Home Depot Field Supplies 1542 121.36 Michael Johnson Tenant Space Improvements-Distel Building 1543 76.45 Langley Hill Quarry Baserock 1544 337.50 Lindstrom Co. Pulgas Habitat Restoration Equipment 1545 246.08 Los Altos Garbage Company Sanitation Services 1546 72.00 Magana's Building Maintenance Light Maintenance-Distel Circle Building 1547 225.54 MetroMobileCommunications Radio Repair and Maintenance 1548 550.64 Moffett Supply Company Restroom Supplies 1549 508.50 Moore Medical Supply Medical Supplies 1550 331.81 National Glass Vehicle Windshield 1551 497.19 Navarone Mailing Services Newsletter Mailing 1552 81,19 1 Chris Newcomb Custom Frame-Supervisor R. Gordon 1553 1,916.12 Orchard Supply Hardware Field Supplies 1554 277.36 Pacific Bell Telephone Service 1555 2,597.36 Panko Architects Distel Building Office Remodel--Architect 1556 123.24 Peninsula Blueprint Printing Services 1557 278.69 PIP Printing Printing Services 1558 15.97 Rancho Hardware Field Supplies 1559 124.29 Laura Raymaker Vehicle Mileage 1560 210.00 Rebholtz Mechanical, Inc. Enterprise Rental Repair 1561 1,884.82 Redwood General Tire Co., Inc. Tires Page 1 Claims No. 00-06 Meeting 00-06 Date: March 22, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1562 270.85 Recreational Equipment, Inc. Uniform Boots 1563 54.36 *2 Round Table Pizza Local Business Meeting Expense 1564 11.46 Royal Brass Inc. Bobcat Part 1565 4,411.98 Roy's Repair Service Vehicle Repairs and Maintenance 1566 113.50 Safety-Kleen Solvent Tank Service 1567 62.00 Sequoia Analytical Water Testing 1568 343.14 Signs of the Times Signs 1569 1,012.23 Steven W. Singer-Environmental&Ecological Services Sierra Azul Inventory &Assessment Services 1570 37.79 Skywood Trading Post Fuel 1571 1,200.00 Slaght Living Trust Employee Residence--Rental Agreement 1572 492.55 Summit Uniforms Uniforms 1573 1,641.25 Swanson Hydrology &Geomorphology Sierra Azul Hydrologic Assessment Services 1574 65.00 Terminix Pest Control--Enterprise Rental Unit 1575 6.71 *3 UPS Parcel Post Service 1576 1,515.60 United Rentals Equipment Rental--RSA Restroom 1577 265.00 US Bank Note Paying Agent Fee--Final 92' Notes 1578 3,201.43 VISA 750.00-Furniture Deposit-S. Schectman 294.00-Airfare-G. Baillie &J. Escobar 295.00-IRWA Conference-T. Fischer 769.75-Trail Day Event Supplies 50.70-Rental Advertisement 54.56-Local Business Meeting Expense 187.99-Computer Expense 799.43-Field Supplies 1579 581.45 WAC Corporation Aerial Photography Service 1580 512.50 Whitmore, Johnson&Bolanos Legal Services 1581 97.46 Wildfire Pacific, Inc. Field Supplies 1582 80.33 Wolf Camera Photo Processing 1583R 55.41 Gordon Baillie Reimbursement-Car Rental/CARPOSA 1584R 6T75 L. Craig Britton Reimbursement-CPRS Mtg./Business Mtg. 1585R 294.53 Jodi Isaacs Reimbursement--Vehicle &Supplies 1586R 1,000.00 North American Title Company Acquisition Deposit 1587R 80.83 Carrie Sparks-Hart Reimbursement--Resource Documents 1588R 74.43 United Rentals Equipment Rental 1589R 10.76 UPS Parcel Post Service 1590R 436.70 Petty Cash Vehicle Expense, Nature Center Supplies, Local Business Meeting Expense, Film& Developing, Membership and Dues *1 Urgent Check Issued March 16, 2000 Z� *2 Urgent Check Issued March 15, 2000 *3 Urgent Check Issued March 16, 2000 TOTAL 70,460.06 Page 2 f Regional Open !_ ,ice + 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-53 Meeting 00-09 April 26, 2000 AGENDA ITEM 1 AGENDA ITEM Approval of Fiscal Year 2000-2001 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff, Retroactive to April 1, 2000 GENERAL MANAGER'S RECOMMENDATIONS The following recommendations are contingent upon Board approval of budget appropriations under agenda item 3 (Report R-00-56): 1. Approve the attached Position Classification and Compensation Plan that includes a step-to-step adjustment of the attached salary recommendations provided by Johnson & Associates, plus a six- point (6.2%) cost of living adjustment (COLA) for the District's office, supervisory, and management classifications, retroactive to April 1, 2000. 2. Authorize the District to file for participation in the Ca1PERS Health Plan Program effective August 1, 2000, and approve an increase in the employer medical plan premium contribution to equal the Ca1PERS Health Program Kaiser Foundation Plan monthly premium retroactive to April 1, 2000. 3. Authorize the implementation of a Section 125 Cafeteria Benefit Plan in conjunction with the CalPERS Health Plan Program that will incorporate the Ca1PERS medical program and the current dental and vision care benefits. 4. Approve an increase in the District's contribution to retiree medical plan coverage from zero to $50 per month, also in conjunction with the implementation of the Ca1PERS Health Plan Program. 5. Approve the addition of a sick leave conversion option for employees who retire from the District, such that retirees may opt to convert up to 100% of the value of unused sick leave toward the cost of retiree medical plan premiums. 6. Approve the addition of eight (9) hours of personal leave per calendar year (prorated to 6 hours for the current calendar year), for a total of 24 hours personal leave per year for Supervising Patrol Rangers and Maintenance and Construction Supervisors, and a total of 28 hours per year for all other office, supervisory, and management positions. 7. Approve an increase in the vacation accrual rate to the equivalent of three weeks (120 hours)per year during the first 5 years of employment. Also provide a vacation cash-out option whereby 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 J FAX:650-691-0485 e E-mail:mrosd@openspace.org . Web site:www.openspace.org 11 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton R-00-53 Page 2 employees with a minimum of 120 hours of vacation may opt to cash-out up to 40 hours of vacation per calendar year. 8. Approve the implementation of an administrative leave program for exempt employees, which will provide between two (2)to five (5) days of administrative leave time off per calendar year to exempt employees who are not otherwise compensated for extra time worked and required attendance at evening and weekend meetings and trainings (prorated to 12 hours and 30 hours, respectively, for the current calendar year). Also approve an increase in administrative leave time for management employees from five (5) days to eight (8) days (prorated to 18 additional hours for the current calendar year). 9. Approve an increase in the District-paid life insurance coverage, from one-times annual salary to two-times annual salary life insurance coverage. 10. Approve an increase from$300 to $600 per year the maximum amount of tuition and book reimbursement that may be made per fiscal year per employee. DISCUSSION Compensation Analysis As part of the union negotiations for the April 1, 1997 through March 31, 2000 Memorandum of Agreement, the District agreed to complete a compensation analysis for all bargaining unit positions (see report R-97-49). The study was intended to provide information to be used as part of the discussions between the District and the Union in the most recent labor negotiations. By management decision, the study was to include office, supervisory, and management positions, as well. In July 1999, the District entered into a professional services agreement with Johnson&Associates to conduct a salary, classification, and benefit study for all District positions. The portion of the study pertaining to the bargaining unit positions was completed January 11, 2000, and the portion for office, supervisory, and management positions was completed February 25, 2000. Salary, Classification. and Job Title Recommendations The attached Salary Recommendations chart (Attachment A) prepared by Johnson&Associates shows the recommended class title, the current class title, the current maximum monthly salary, the market median salary for benchmark positions, and the recommended maximum salary for each position. As a result of the study recommendations, the following current positions are proposed to be reclassified or retitled: • The vacant Senior Administrative Analyst/District Clerk position, the vacant Administrative Analyst position, and the Operations Analyst position will be reclassified to the single job classification of Management Analyst. The reclassification of the Senior Administrative Analyst/District Clerk position involves a change in the duties of the position, primarily the elimination of the District Clerk designation. The Operations Analyst position and the vacant Administrative Analyst position involve retiding of a current classification, change in job titles only, and do not include any changes in job responsibilities. R-00-53 Page 3 • The Receptionist and Administrative Clerk positions will be combined and reclassified into the single Receptionist/Administrative Clerk position, and the incumbent will be granted reclassification status, since she meets the criteria stipulated in the Personnel Policies and Procedures Manual to qualify for reclassification status: she has been performing the equivalent duties of the reclassified position for at least one year; the duties of the position have gradually evolved; the reallocation is between classes within the same occupational group with four points (4.1%) difference in salary between the former receptionist position and the new class; and she has the qualifications necessary to perform the work assigned to the position. • The former Administrative Assistant position will be eliminated. This position was created in 1992 but was not filled at that time due to budgetary constraints. The position has remained vacant since its inception, and the intended duties of the position have been absorbed by other positions. • The former Secretary position will be retitled to Administrative Assistant; the former Office Manager/Secretary to the General Manager will be retitled to Senior Administrative Assistant; the former Supervising Ranger - Maintenance and Construction position will be retitled to Maintenance&Construction Supervisor; and the former Supervising Patrol Ranger will be retitled Supervising Ranger. All of these are retiding of a classification, reflecting changes in job title only, and do not include any changes in job duties. The recommended salary ranges for each position are based on a comparison of District salaries to the median labor market salaries, and an evaluation of internal relationships. The recommended salary adjustments range from an increase of four points (4.1%)to fourteen points (15.0%), for an average increase of 7.6%, and reflect a salary plan that is both internally equitable and generally competitive with the external marketplace. Cost-of-Living Adjustment (COLA) The attached 2000 COLA Comparison Chart (Attachment B) reflects salary adjustment information for the majority of agencies in our competitive labor market. The average scheduled increase for these agencies in 2000 is 4%. Consumer Price Index (CPI) data for the San Francisco-Oakland-San Jose Area for the period February 1999 to February 2000 (the most recent available) shows a 4.2% change for the all urban consumers category and a 4.0% change for the urban wage earners and clerical workers category. During the period April 1997 through April 1999, the CPI increased a total of 11.4% for all urban consumers and 10.7% for urban wage earners &clerical workers, while District cost-of-living adjustments during the same period totaled 7%. (District COLAs were restrained during this period to help offset the cost of adding the PERS 2% at 55 retirement formula. However, after the first year of implementation of the 2% at 55 formula, the costs were reduced because of revisions to PERS actuarial guidelines and increased returns on PERS' investment portfolio.) With the addition of the February 2000 CPI figures, the total CPI increase for the period 1997 to 2000 is 15.6% and 15.1%, respectively. The proposed 6-point (6.2%) cost-of-living adjustment for District staff would ear f our-year the total District cost-of-living adjustments for the same ou y period to a total of 13%. r R-00-53 Page 4 Spry Plan Implementation The compensation analysis indicates that District salaries are in almost all cases below, and in some cases significantly below, the labor market median. Further, the District has not kept pace with CPI in recent years through cost-of-living adjustments. The current labor market is extremely competitive, and the District has begun to experience both attrition of current staff and difficulty in attracting qualified candidates for new and vacant positions. Given the extremely competitive labor market, the high cost of living in Silicon Valley, and the critical need to attract and retain qualified employees, it is recommended that the Board approve the attached Position Classification and Compensation Plan (Attachment C), which reflects a full, step-to-step implementation of the compensation analyses recommendations, plus a 6-point (6.2%) cost-of-living adjustment for all office, supervisory, and management staff. CalPERS Health Plan Program The District has long participated in Santa Clara County's benefit programs as a sub-group. In recent years the County has undergone numerous changes in health plan coverage, resulting in fewer options, disruptions in coverage, and higher costs for District employees. In order to address this problem the District is proposing to contract with the CalPERS Health Plan Program, which offers as many as 11 different health plans from which employees may choose. The District contribution will be set at a rate equivalent to the CalPERS Kaiser Foundation plan premium for one-party, two-party, or family coverage, as appropriate for each employee. Implementation of the CalPERS Health Plan Program will take approximately three months, and the new coverage is targeted to become effective August 1, 2000. Until such time as the CalPERS Health Plan Program is in place, it is proposed to increase the District's contribution to the current Health Net family medical plan premium ($522.38)to equal the Kaiser family rate ($478.56), retroactive to April 1, 2000. Implementation of the CalPERS Health Plan Program will require returning to you with an implementation resolution at a future meeting. Section 125 Cafeteria Plan and Retiree Medical Coverage The Public Employees' Medical and Hospital Care Act (PEMHCA), which governs the CalPERS Health Plan Program, requires that public agencies enrolled in PERS health plans offer retiree medical coverage and contribute an equal amount toward the cost of medical coverage for active and retired employees. The CalPERS definition of a District retiree is any employee who terminates from the District with a minimum of five years of service, is at least 50 years of age, and who begins receiving a PERS retirement benefit within 120 days of separating from the District. However, PERS law permits employers to contribute a minimum of$16 per month toward the cost of retiree medical plan coverage, and to create a Section 125 cafeteria plan to provide active employees with increased funds to pay for the full cost of medical plan coverage. The District proposes to contribute$50 per month toward the cost of retiree medical plan coverage, and to create a Section 125 cafeteria benefit plan for active employees. The District will contribute to the cafeteria fund amount for each employee an amount equivalent to the Kaiser Foundation plan for one-party, two-party, and family coverage, as appropriate, and the monthly premium amounts for the current dental and vision care plans. The cost of the cafeteria plan administration is estimated to be approximately $1,500 per year, which will be paid by the District. This cost will be offset by an overall reduction in medical plan premium costs, primarily due to the three-tier rate system in PERS (one-party, two-party, or family coverage) versus the current two-tier rate system under the County (individual or family coverage). R-00-53 Page 5 Sick Leave Conversion Option The District currently provides a sick leave conversion program whereby employees with a minimum of 10 years of service can cash out a percentage of unused sick leave at the time of separation from District employment (20% after 10 years; 25% after 16 years; and 30% after 21 years). To help defray the cost of retiree medical coverage, an additional sick leave conversion option is proposed for employees who retire from the District and who participate in the CalPERS Health Plan Program. This option would enable retired employees to convert up to 100% of the value of unused sick leave at the time of retirement toward the cost of future retiree medical plan premiums. This means that the employee could opt to take the cash conversion amount applicable at the time of retirement and apply the balance to medical plan premiums, or choose to apply the entire amount to medical plan premiums. Personal Leave, Vacation. and Administrative Leave As part of the overall effort to enhance the District's ability to attract and retain qualified employees in an extremely competitive job market, several improvements to "time off" benefits are recommended: • Provide an additional eight (8)hours of personal leave per calendar year, bringing the total to 28 hours for office, supervisory, and management employees, and 24 hours for supervising patrol rangers and maintenance and construction supervisors. The 8 additional hours would be prorated to 6 hours for the current calendar year. (Supervising patrol rangers and maintenance and construction supervisors receive 92 hours of holiday time and 24 hours of personal leave time per year, as do the bargaining unit members they supervise. The remaining office, supervisory, and management employees receive 88 hours of holiday time and 28 hours of personal leave time per year, which is equivalent in total hours to the bargaining unit and field supervisors.) • Increase the vacation accrual rate to the equivalent of three weeks per year (120 hours) for the first five years of employment. This will greatly enhance the District's ability to recruit employees who have already reached three or more weeks of vacation at prior places of employment, and will benefit current employees with less than five years of service. The remaining vacation schedule, which is competitive in the marketplace, will remain unchanged at 15 days per year for 5 to 9 years of service; 20 days per year for 10 to 14 years of service; 21 days per year at 15 to 19 years of service; 23 days per year at 20 to 24 years of service; and 25 days per year at 25 or more years of service. • Provide administrative leave to exempt employees who are otherwise not compensated for extra hours worked or time spent at evening or weekend meetings or trainings. Management employees currently receive 5 days of administrative leave per year. This proposal would extend this benefit to exempt employees who typically work extra hours without compensation. Exempt employees would receive a minimum of 2 days of administrative leave per year. Exempt classifications that qualify for 2 days of administrative leave include: Open Space Planner I, Support Services Supervisor, Attorney, Area Superintendent, Management Analyst, Land Protection Specialist, Visitor Services Supervisor, and Open Space Planner II. Exempt employees who are required to regularly attend night and/or weekend meetings or conduct trainings would receive 5 days of administrative leave per year. Exempt classifications that qualify for 5 days of administrative leave include: Docent Coordinator, Volunteer Coordinator, Resource I R-00-53 Page 6 Management Specialist, Senior Planner, Open Space Planner H (depending on assignments), Management Analyst (depending on assignments), Real Property Representative, and Senior Acquisition Planner. Management employees who currently receive 5 days would receive an increase to 8 days of administrative leave per year. Management classifications that qualify for 8 days of administrative leave include: Public Affairs Manager, Administration/Human Resources Manager, Land Acquisition Manager, Operations Manager, Planning Manager, and Assistant General Manager. • In order to provide greater flexibility for employees to balance time off with financial needs, an added option is proposed to enable employees with a minimum of 120 hours of accrued vacation to cash out up to 40 hours of vacation per calendar year. This option will be made available to employees in December of each year. Life Insurance The Johnson&Associates benefit study indicated that District life insurance benefits are competitive, but several agencies offer a better benefit than the one times annual salary that the District offers. In the interest of improving the District's overall competitive position in the marketplace, an increase in life insurance coverage from one times annual salary to two times annual salary is proposed. The cost of this benefit improvement is estimated to be$8,750. Tuition Reimbursement The District has not increased the maximum tuition reimbursement amount since the program was implemented more than 15 years ago. The costs of education have increased substantially since that time. An increase in the maximum tuition reimbursement amount from$300 to $600 per employee per year (within budget limits) is recommended to remain competitive with the District's labor market agencies. Budget Implications The total cost of the salary and benefit changes proposed in this report is $436,157 for all District staff. The budget implications are discussed in more detail in a separate report on this evening's agenda (see report R-00-56). The General Manager's recommendations in this report are conditioned on Board approval of the budget appropriations recommended in Report R-00-56, under agenda item 3. Prepared by: Deirdre Dolan, Administration/Human Resources Manager Contact person: Same as above I Midpeninsula Open Space District Salary Recommendations-Benchmark Classes set to Market Median Current Market Recom. Recomm. Percent Recommended Class Title Current Class Title Max Median Range Max.(able) Change Internal AllgnmentiSalary Setting Rationale 1 Receptionist/Administrative Clerk Administrative Clerk 2,838 $ 2,997 238 $3,013 6.2% Benchmark;set to market 2 3 Open Space Technician Open Space Tachnkisn $3,230 252 U463 7.2% Alsgotiated kwoess, 4 farm Maintenance Worker Farm Usintonarroa VA)rkar SA230 252 $3,403 7.2% Mego6eled kwasse 5 8 Administrative Assistant Secretary $3,263 $ 3,474 253 $3,498 7.2% Benchmark;set to market 7 8 Lead Open Speos Technklen Lead Open Space ToOmk4n S4395 257 53,6W T.2% Negobslsd kvaasss 9 10 Real Property Assistant Real Property Assistant $3,498 258 $3,877 5.1% Approx.5%above Administrative Assistant 11 Public Affairs Assistant Public Affairs Assistant $3,498 258 53,877 5.1% Approx 5%above Administrative Assistant 12 13 Senior Administrative Assistant Office Manager/Secretary to General Manager $3,804 $ 3,845 263 53,864 7.2% Benchmark;sat to market 14 15 Planning Technician Planning Technician $3,498 $ 3,905 205 $3,942 12.7% Benchmark;set to marled 16 Ranger Ranger SA 677 265 $3,942 7.2% Nego i&W in ream 17 18 Accounting Specialist Accounting Specialist $3,788 268 $4,081 7.2% Approx 5%above Senior Administrative Assistant 19 Network Specialist Network Specialist $3,788 208 $4,061 7.2% Same an Accounting Specialist 20 21 Docent Coordinate Docent Coordinator $3,788 270 $4,143 9.4% Same as Volunteer Coordinator 22 Volunteer Coordinator Volunteer Coordinator $3,788 270 54,143 9.4% Approx.20%below Visitor Services Supervisor 23 24 Equipment Mechanic Operator Equipment Mechanic Operator S4,001 273 $4,208 5.1% Negolieted kwease 25 28 Open Space Planner I Open Space Planner 1 $4,061 275 $4.354 7.2% Appmx 15%below Open Space Planner it 27 28 Supowisirg Patrol Ranger Supervising Patrol Ranger $4,354 280 54,576 5.1% Approx 20%below Area Superintendent 29 Maintenance 8 Construction Supervisor Supervising Construction&Maintenance Ranger $4,354 280 54,578 5.1% Approx.20%below Area Superintendent 30 31 Support Services Supervisor Support Services Supervisor $4,715 290 $5,056 7.2% Approx.10%below Area Superintendent 32 Visitor Services Supervisor Visitor Services Supervisor $4,715 290 $5,055 7.2% Same as Support Services Supervisor 33 Resource Management Specialist Resource Management Specialist $4,715 290 $5,056 7.2% Same are Open Space Planner H 34 Open Space Planner 11 Open Space Planner 8 $4,715 $ 5,030 290 55,055 7.2% Benchmark;set to market 35 Land Protection Specialist Land Protection Specialist $4,715 290 $5,056 7.2% Sarre as Open Space Planner 8 36 37 Management Analyst Operations Analyst $4,715 S 5,235 294 $5,200 11.6% Benchmark;set to market 38 Management Ann" Administrative Analyst $4,715 $ 5,235 2W $5,200 11.6% Benchmark;set to market 39 40 Area Superintendent Area Superintendlent $5,055 $ 5,576 300 55,584 10.5% Benchmark;set to market 41 42 Real Properly Representative Real Property Representative $5,208 300 $5,584 7.2% Approrr.20%below Land Acquisition Manager 43 Senior Acquisition Planner Sens Acquisition Planner $5,208 300 $5,684 7.2% Same as Senior Plan 44 Senor Planner Senior Planner $5,208 300 $6,664 7.2% Approx.10%above Open Space Planner II 45 46 Attorney Research Attorney $5,208 305 $5,8W 12 7% Approx.5%above Senior Planner 47 48 Public Affairs Manager Public Affairs Manager $5,928 310 $8,170 4.1% Approx.20%above Visitor Services Supervisor 49 50 Administration/Human Resources Manager Administratio*1uman Resources Manager $5,928 320 $6,817 15.0% Sams es Operations Manager 51 52 Land Acquisitiwr Manager Land Acquisition Manager 58,357 320 $6,817 7.2% Sane as Operations Manager 53 Operations Manager Operations Manager $6,357 320 $6,817 7.2% Approx.20%above Area Superintendent 54 Planning Manager Planning Manager $6,357 320 $8,817 7.2% Sams es Operations Mang 55 58 Assisant General Manager Assistant General Manager $7.383 335 $7,917 7.2% Approx,15%above Operations Manager SCS•-Same as current salary F-2 I 000 COLA COMPARISON CHAR Thursday, April 06, 2000 AGENCY PREVIOUS COLA INCREASE UPCOMING COLA INCREASE COMMENTS EBRPD 3.8% 4/99 4% 4/00 Based on Feb CPI Redwood City,City of 4% 2/99 4.5% 2/00 4.5% 12 Santa Clara,City of 4.5% 12 1 5.5% 12/99 4.5% 12 2 4.5% 12 3 /0 /0 /0 /0 2.5% 7/99 2.5% 7100 Marin Water District 2.5% 7101 Cupertino,City of 5% 7/11/99 Unknown 7100 Based on April CPI Los Gatos,Town of 5)6 if trained in 7/99 4.5% 3/00 7100 Cola Unknown Roth park & maint Los Altos,City of 3% 7/99 Unknown 7100 Based on Feb CPI Negotiating Mountain View,City of 4% 7/99 4% 7100 Based on Feb CPI 2% 5/99 $1,500 one time 5/00 Palo Alto,City of cash payment San Jose,City of San Mateo,City of Unknown 4% 7/99 4% 7100 Sarat a,City of Negotiating since Sunnyvale,City of 4% 6/98 Unknown 6100 June 1999. At Impasse Marin County 6% 10/99 4% 10/0 San Mateo County 5% 10/010 4% 7/99 4% 7 Santa Clara County 5% 7 1 MROSD 3% 4/99 4/00 Represented I Off,Su &Mgmt I I CONSUMER PRICE INDEX San Francisco—Oakland—San Jose MROSD All Urban Consumers Urban Wage Earners &Clerical Workers COLA ...... ..... .......... .... ............ lDe'...C"OOM' 4496, F April 1999 4.6% 5.0% 3% April 1998 3.1% 2.5% 1% April 1997 3.7% 3.2% 3% Total % Increase 11.4% 10.7% 7% 1997- 1999 1997— 2000* 15.6% 15.1% 13% Used as a basis for April 2000 COLA (best available information) Mi, ,eninsula Regional Open Space Distl Position Classification and Compensation Plan Effective 04/01/2000 Classification Step Range Hourly Range Monthly Range Annual Range Receptionist/Administrative Clerk 219._ 244. $14.389.$18.453 $2,494 _ $3,198 $29,929 _ $38,381 Farm Maintenance Worker 233._ 258. $16.539_$21.211 $2,867 . $3,677 $34,402 _ $44,118 Open Space Technician 233._ 258. $16.539_$21.211 $2,867 _ $3,677 $34,402 . $44,118 Administrative Assistant 234._ 259. $16.705_$21.423 $2,8% _ $3,713 $34,746 _ $44,560 Lead Open Space Technician 238._ 263. $17.383.$22.293 $3,013 _ $3,864 $36,157 _ $46,369 Public Affairs Assistant 239._ 264. $17.557_$22.516 $3,043 _ $3,903 $36,519 _ $46,833 Real Property Assistant 239._ 264. $17.557_$22.516 $3,043 . $3,903 $36,519 . $46,833 Senior Administrative Assistant 244._ 269. $18.453.$23.664 $3,198 _ $4,102 $38,381 . $49,221 Planning Technician 246._ 271. $18.823_$24.140 $3,263 _ $4,184 $39,153 _ $50,211 Ranger 246._ 271. $18.823_$24.140 $3,263 . $4,184 $39,153 _ $50,211 Network Specialist 249.. 274. $19.394_$24.871 $3,362 _ $4,311 $40,339 _ $51,732 Accounting Specialist 249._ 274. $19.394_$24.871 $3,362 . $4,311 $40,339 . $51,732 Docent Coordinator 251._ 276. $19.784.$25.371 $3,429 _ $4,398 $41,150 . $52,772 Volunteer Coordinator 251._ 276. $19.784 $25.371 $3,429 _ $4,398 $41,150 . $52,772 Equipment Mechanic Operator 254._ 279. $20.383_$26.140 $3,533 _ $4,531 $42,397 _ $54,371 Open Space Planner 1 256.. 281. $20.793_$26.665 $3,604 . $4,622 $43,249 . $55,464 Maintenance&Construction Supervisor 261.. 286. $21.853_$28.026 $3,788 . $4,858 $45,455 _ $58,293 Supervising Ranger 261._ 286. $21.853_$28.026 $3,788 _ $4,858 $45,455 _ $58,293 Land Protection Specialist 271.- 296. $24.140_$30.958 $4,184 _ $5,366 $50,211 _ $64,392 Visitor Services Supervisor 271.. 296. $24.140.$30.958 $4,184 _ $5,366 $50,211 - $64,392 Support Services Supervisor 271.- 2%. $24.140_$30.958 $4,184 _ $5,366 $50,211 _ $64,392 Resource Management Specialist 271.. 2%. $24.140.$30.958 $4,184 . $5,366 $50,211 . $64,392 Open Space Planner 11 271.- 2%. $24.140_$30.958 $4,184 _ $5,366 $50,211 _ $64,392 Management Analyst 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 . $67,007 Senior Acquisition Planner 281.. 306. $26.665.$34.202 $4,622 . $5,928 $55,464 . $71,140 Senior Planner 281._ 306. $26.665.$34.202 $4,622 _ $5,928 $55,464 _ $71,140 Real Property Representative 281._ 306. $26.665_$34.202 $4,622 _ $5,928 $55,464 . $71,140 Area Superintendent 281._ 306. $26.665_$34.202 $4,622 _ $5,928 $55,464 _ $71,140 Attorney 286.- 311. $28.026_$35.951 $4,858 _ $6,232 $58,293 . $74,778 Public Affairs Manager 291._ 316. $29.455.$37.790 $5,106 . $6,550 $61,267 _ $78,602 Planning Manager 301._ 326. $32.538_$41.754 $5,640 _ $7,237 $67,679 _ $86,847 Operations Manager 301._ 326. $32.538.$41.754 $5,640 _ $7,237 $67,679 . $86,847 Land Acquisition Manager 301._ 326. $32.538_$41.754 $5,640 _ $7,237 $67,679 . $86,847 Administration/Fluman Resources Manager 301._ 326. $32.538_$41.754 $5,640 _ $7,237 $67,679 - $86,847 Assistant General Manager 316._ 341. $37.790-$48.493 $6,550 _ $8,405 $78,602 . 100,865 **Does not include board appointees: General Manager,Legal Counsel,Controller The salary range for Seasonal Open Space Technicians is$13.56 to$14.97 per hour with actual individual rate to be determined at time of hire. Range is 20 points below Open Space Technician range. Salary ranges determined on 40 hour per week basis. m Reglonai Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-52 Meeting 00-09 April 26, 2000 AGENDA ITEM 2 AGENDA ITEM Approval of Memorandum of Agreement with Service Employees International Union, AFL- CIO Local 715 J? GENERAL MANAGER'S RECOMMENDATION i Adopt the accompanying resolution approving the Memorandum of Agreement with Service Employees International Union, AFL-CIO Local 715, for a term of April 1, 2000 through March 31, 2003, retroactive to April 1, 2000, recommendations are contingent upon Board approval of budget appropriations under agenda item 3 (Report R-00-56). DISCUSSION The District entered into contract negotiations in February, 2000 with Service Employees International Union, AFL-CIO Local 715, the exclusive bargaining representative for the purpose of labor relations for the District's open space technicians, lead open space technicians, rangers, equipment mechanic-operators, and farm maintenance worker. Local 715's negotiating team included Mary Lee, Worksite Organizing Director for Local 715, Solito Barana, Worksite Organizer for Local 715, open space technician Grant Kern, and rangers Michael Newburn and Brian Malone. The District's negotiating team included Sue Schectman, General Counsel, John Escobar, Assistant General Manger, and Deirdre Dolan, Administration/Human Resources Manager. The District and Local 715 negotiating teams successfully reached tentative agreement on the proposed contract on Wednesday, April 5. The District's open space technicians, lead open space technicians, rangers, equipment mechanic-operators, and farm maintenance worker held a contract ratification meeting on Thursday evening, April 6, and the unit voted to ratify the The ef fective date of the proposed Memorandum of Agreement is recommended to agreement. g r � be retroactive to April 1, 2000. The attached summary of the 2000 contract provisions highlights salient points of the proposed Memorandum of Agreement, particularly items that differ from the current contract. The proposed Agreement contains changes proposed by Local. 715, as well as changes proposed by the District, and covers a term of three years. It provides for implementing a 7-point (7.2%) 330 Distel Circle * Los Altos,CA 94022-1404 Phone:650-091-1200 FAX: 650-691-0485 & E-mail: mrosd@openspace.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 - Genera/Manager:L.Craig Britton R-00-52 Page 2 parity salary adjustment the first year for rangers, open space technicians, lead open space technicians, and farm maintenance worker, and a 5-point (5.1%) parity salary adjustment the first year for equipment mechanic-operators. The parity adjustments are consistent with the results of the compensation analysis that was performed by Johnson & Associates in accordance with the prior Memorandum of Agreement with Local 715. The proposed Agreement also provides for a 6-point (6.2%) cost-of-living adjustment (COLA) for the first year, a 4-point (4%) COLA for the second year, a 5-point (5.1%) COLA for the third year. Several benefit enhancements are also proposed including personal leave, vacation, and fife insurance increases, and the addition of the CalPERS Health Plan Program and associated cafeteria benefits plan. These compensation and benefit proposals have been described in detail in Report R-00-53 on this evening's agenda. The proposed salary and benefit adjustments are appropriate based upon the results of the compensation analysis, which compared District salaries and benefits to comparable labor market agencies, Consumer Price Index (CPI) data, and cost-of-living adjustments that have been made by other public agencies. The entire contract package is fair and reasonable given the three-year term and the District's need to retain a competitive position in the labor market. The entire agreement is available at the District office for public inspection. Prepared by: Deirdre Dolan, Administration/Human Resources Manager Contact Person: Same as above i I R-00-52 Page 3 D 2 CPROVISIONS SUMMARY OF PROPOSE 000 CONTRACT CT Article 1 -Preamble • No changes. Article 2 -Union Recognition/Security • Increases the number of District employee union representatives from three to four. • Agrees to provide the Union with agendas for the Legislative, Finance, and Public Affairs Committee meetings. Article 3 - No Discrimination • Revises language so the categories of District workers protected from discrimination are consistent with the language in the Fair Employment and Housing Act (FEHA). Article 4 -District Rights • No changes. i Article 5 - Schedules, Overtime and Call-Back Time • Clarifies that emergency situations which impact scheduling can be declared by Area Superintendents or District Managers. • Pays overtime for time worked in excess of scheduled workday, or in excess of forty hours per week. • Enables District to pay probationary workers overtime pay in lieu of compensatory time off for overtime worked as a result of training, and clarifies that the "4/10 schedule" is not available to rangers in probationary status. • Clarifies that rangers do not receive paid meal periods when attending all-day training sessions. • Includes a side letter agreement to discuss "9/80 schedule" for maintenance workers and other scheduling issues. Article 6 -Worker Disability Coverage/Modified Duty • Requires supervisor notification of all medical appointments that occur on work time in the same manner as sick leave reporting. • Requires documentation of work status from the treating physician on a District-provided form. • Clarifies procedure for determining modified duty assignments. Article 7 - Compensation and Benefits Compensation • Effective April 1, 2000: 7-point parity increase for rangers, lead open space technicians, open space technicians, and farm maintenance worker; 5-point parity increase for equipment mechanic-operators; 6-point cost-of-living adjustment for all bargaining unit members • Effective April 1, 2001: 4-point cost-of-living adjustment • Effective April 1, 2002: 5-point cost-of-living adjustment I R-00-52 Page 4 Benefits • Adds the CalPERS Health Plan Program which provides a choice of 11 medical plans; sets the District medical plan contribution at the equivalent of the Kaiser Foundation plan premiums for 1-party, 2-party, or family coverage; increases District contribution to CaIPERS Kaiser Plan level ($478.56 per month) from April 1 through implementation of the CalPERS Health Program (target date August 1, 2000). • Adds a Section 125 cafeteria flexible benefits plan in conjunction with the CalPERS Health Plan Program which provides options for employees who choose lower cost medical plan or waiver of medical, dental, or vision plan to direct savings to deferred compensation, other benefit options, or receive as cash. Also enables District to contribute different amounts toward cost of active and retiree medical plan premiums. • Provides retiree medical plan contribution of$50 per month. • Agrees to continue to provide current Delta Dental Plan and Vision Service Plan, to pay full premiums for such plans, to provide similar plans if said plans become unavailable, and to meet and confer regarding such replacement plans. • Increases basic life insurance to the equivalent of two times annual salary. Differentials • Increases night shift differential to $2.00 per hour effective April 1, 2000, and to $2.25 per hour effective April 1, 2001. • Increases split shift differential to $30 per workday. • Adds shift change differential of$30 per workday if scheduled shift is changed without 24 hours notice. Article 8 -Evaluations and Merit Pay • Changes performance evaluation terminology from Interim Performance Evaluation to Interim Progress Report and Merit Evaluation to Annual Performance Evaluation. Clarifies intent of interim progress reports. • Reduces by one the number of areas of performance that may be rated Below Standard to result in an overall Below Standard performance evaluation rating. • Consolidates the number of performance evaluation categories for open space technicians to equalize the ratio of Below Standard performance ratings to Meets or Above Standard performance ratings which may result in an overall Below Standard rating. • Establishes that two consecutive Below Standard ratings in the same area of performance on two consecutive Annual Performance Evaluations will result in an overall Below Standard rating and no merit pay increase. • Clarifies that Remediation process may only result from an overall Below Standard rating on an Annual Performance Evaluation; will not be longer than six months from the original evaluation date; will include a Plan for Improvement; and can include a temporary or permanent change in duty station. Article 9 -Uniforms • Increases uniform allowance 8% each year: $325 effective April 1, 2000, $351 effective April 1, 2001, and $378 effective April 1, 2002 • Increases bicycle patrol uniform allowance to $54 effective April 1, 2000, $59 effective April 1, 2001, and $64 effective April 1, 2002. • Raises threshold for voluntary bike patrol from 50 to 60 hours to qualify to receive initial pants and jacket, and annual allowance in subsequent years. I R-00-52 Page 5 Article 10 - Vacation • Increases accrual rate to equal three weeks (120 hours)vacation per year during the first five years of service. • Changes minimum vacation increment from four hours to one-half hour. • Allows probationary workers to use vacation in the same manner as non-probationary workers. Article 11 -Holidays and Personal Leave • Changes calendar to list holidays, but not dates • Changes to December 31 the date upon which any time remaining in the holiday bank from the calendar year is paid out in cash. Unit members assigned to work December 24 or 25 may convert up to 12 unused holiday hours to vacation. • Increases personal leave amount from 16 to 24 hours per calendar year. • Changes to December 31 the date by which personal leave time must be used. Article 12 - Leaves of Absence With Pay • Increases from 6 days to 96 hours (12 days) the amount of sick leave a worker may use to care for a family member or domestic partner. • Requires workers to complete a form when using sick leave, stating the dates and hours of the absence and the reason. • Provides an option for workers who retire from the District to apply up to 100% of the value of unused sick leave toward the cost of retiree medical plan premiums. • Creates new category of Administrative Leave and clarifies pay status. Article 13 - Family Medical Leaves and Leaves Without Pay • Separates Disability Leaves and Family Care Leaves into separate sections for clarity. • Requires the use of all but 40 hours of paid leave time (vacation, holiday bank, personal leave) during the period the worker is on leave. Article 14 -Tuition Reimbursement • Increases the maximum reimbursement per fiscal year from$300 to $600. • Increases the yearly fund amount for the bargaining unit from $1000 to $2000. Article 15 - Grievance Procedure • Revises the District's grievance procedures and includes binding arbitration of grievances. Article 16 - Layoffs Y • No changes. Article 17 -Disciplinary Procedure • Revises list of grounds for discipline. • Increases length of time written warnings and reprimands may remain in the personnel file from twelve months to two years; may then be removed at worker's request if no other discipline. • Clarifies that a Plan for Improvement may be used in conjunction with written warnings and reprimands, and will be removed from the personnel file in the same manner as warnings and reprimands. • Clarifies level of management responsible for imposing property loss discipline. • Clarifies that appeal process will comply with Public Safety Officer's Procedural Bill of Rights as appropriate. R400-52 Page 6 Article 18 -Probationary Period 1 restriction nprobationaryworkers use of accrued vacation time. Deletes0 Article 19 - Contracting Out (New Article) • Provides that the District will give 30 days' prior written notice of its intent to transfer certain work above a $25,000 threshold that is presently performed by the bargaining unit to an independent contractor where such transfer could result in layoff, loss by attrition, or permanent transfer of work presently performed by the unit. Provides the opportunity for the bargaining unit to meet and confer on the effect of such contracting out. Excludes work currently or customarily let out to contractors. Article 20 - No Strikes/Lockouts • No changes. Article 21 - Effect of Agreement • No changes Article 22 - Savings Clause • No changes Article 23 -Term of Agreement • April 1, 2000 - March 31, 2003 Appendix A -District Salary Table • Expanded table to include Step 210 through Step 285 Appendix B -Regular Uniform Items • Changes tan parka to green jacket. Appendix C - Catastrophic Leave Program for Serious Illness • No changes. Appendix D -4/10 Alternate Work Schedule Guidelines • No changes. Side Letter Agreement (not part of contract) • Agreed that by October 1, 2000, the District will meet with bargaining unit representatives to discuss 9/80 work schedules for maintenance workers. Personal Property Loss (not part of contract) • Developed claim form and procedure for requesting up to $100 reimbursement for personal property that is lost, damaged, or destroyed as a result of work with the District. i I I I I I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO LOCAL 715 WHEREAS Service Employees International Union AFL-CIO Local 715 is the exclusively Y recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Worker; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and Local 715 have completed negotiations for a Memorandum of Agreement for a term of April 1, 2000 through March 31, 2003; and WHEREAS, on April 6, 2000, the bargaining unit represented by Local 715 ratified the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve the Memorandum of Agreement between Service Employees International Union AFL-CIO Local 715 and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. I Regional Open h R-00-57 MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT Meeting 00-09 April 26, 2000 AGENDA ITEM 3A AGENDA ITEM Controller's Report on the Proposed Fiscal Year 2000-2001 Budget(As Amended) DISCUSSION I The following cash projection shows the impact of the proposed fiscal year 2000-2001 budget on the District's cash position. The District will begin the new fiscal year with estimated cash balances totaling$36.9 million. Approximately $3.5 million of this cash is not available to meet operating needs as it represents the reserve requirements of our outstanding public notes. Overall, projected income and available cash is adequate to cover budgeted debt service, operating expenses, preserve development, reserve requirements, and up to $36 million for new land acquisition. No new financing is assumed in this budget. As shown in the attached monthly cash flow projection, no cash flow problems are anticipated. ANNUAL CASH FLOW PROJECTION FISCAL YEAR 2000-2001 BUDGET ($Thousands) Estimated Beginning Cash Balance 36,931 Plus: Tax Revenue 14,999 Grant and Joint Project Income 1,232 Interest Income 1,750 Rental Income 683 Other Income 100 Total Income 18,764 Minus: Major Improvements 697 Annexation e i n Expense 128 p Operating Expenses 6,751 Debt Service 6,079 Land Purchases 20,000 Total Expenditures 33,655 Ending Cash Balance 22,000 3::30 Distel Circle « Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 * E-mail: mrosd a openspace.org Web site:www.opetispace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Nanko, Betsy Crowder,Kenneth C.Nitz . Generd,Manager:L.Craig Britton I R-00-57 Page 2 Income 1. Tax Revenue is budgeted at $15.0 million(68%from Santa Clara County and 32%from San Mateo County). This assumes continued strong real estate activity and no change in state funding formulas. This District budget assumes that current secured taxes, in the tax year ending June 2001, will increase 10% in our portion of Santa Clara County and 9% in San Mateo County. 2. Grant and Joint Project Income is projected at $1,232,000; $1,085,000 tied to six specific potential land purchases and $147,000 for preserve development. 3. Interest Income is projected at $1,750,000, assuming an average investment rate of 5.7%. 4. Rental Income is budgeted at $683,000, up 9%from an estimated $626,230 in 1999-2000. 5. Other Income(estimated at $100,000)includes various reimbursements, fines, fees, cash donations, and loan repayments. Debt Capacity and Financing At the end of March 2000, the District will have bonded indebtedness equal to approximately 44% of its debt limit. The current financial plan assumes the next financing would occur in 2002. Debt Service Debt service requirements for 2000-2001 are $6.08 million. These payments were detailed in the Debt Service Annual Claims List, as approved at your meeting of March 22, 2000. Other Expenditures 1. Major Improvements: The budget includes $697,150 for major development projects. This compares to 1999-2000 spending of approximately$600,000. 2. Annexation: The budget assumes annexation-related expenses of$128,250. 3. Operating Expenses are budgeted at $6.75 million, up about 12%from the 1999-2000 estimated spending level. This includes salary adjustments. 4. Land Purchases are projected at$20 million. P I I R-00-57 Page 3 Reserves If all revenues, expenditures and debt operations occur as budgeted, the District's cash balances would total $22.0 million at the end of the coming fiscal year. Long-Term Cash Projections Also attached is a ten-year cash flow projection covering the period through 2010. For 2000- 2001, the projection is the budget. Beyond 2000-2001, the projection assumes 5%tax revenue growth and 7%growth in operating expenses. The projection also assumes a$20 million note issue in 2002. The projection allows additional land acquisitions of$68.0 million(excluding any grants or joint projects after 2000-2001), mostly in the next four years. The ten-year projection also does not include any potential grants from Propositions 12 and 13, which could be substantial. Prepared by: Michael L. Foster, Controller Contact person: Same as above I MROSD MONTHLY CASH FLOW BUDGET 2000-2001 4/15/00 ($Thousands) APR MAY JUNE JULY AUG SEP OCT NOV DEC JAN-MAR TOTAL BEGINNING CASH 36,931 39,364 37,989 37,722 36,200 31,336 28,847 28,005 26,635 31,509 36,931 TAX REVENUE 3,700 185 1,314 120 43 25 1,070 450 6,700 1,392 14,999 GRANTS/JOINT PROJECTS 375 50 50 50 50 100 50 50 100 357 1,232 INTEREST INCOME 100 200 150 100 200 150 100 200 150 400 1,750 OTHER INCOME 60 60 60 60 60 60 60 60 60 243 783 TOTAL REVENUE 4,235 495 1,574 330 353 335 1,280 760 7,010 2,392 18,764 CASH EXPENSES -490 -560 -530 -540 -545 -550 -555 -560 -565 -1,856 -6,751 ANNEXATION EXPENSE -5 -5 -5 -5 -5 -10 -10 -15 -15 -53 -128 MAJOR IMPROVEMENTS -55 -55 -55 -55 -55 -55 -55 -55 -55 -202 -697 DEBT SERVICE -2 0 -1 -2 -3,112 -709 -2 0 -1 -2,250 -6,079 i OPERATING CASH FLOW 3,683 -125 983 -272 -3,364 -989 658 130 6,374 -1,969 5,109 DEBT ISSUES (NET) o LAND PURCHASES -1,250 -1,250 -1,250 -1,250 -1,500 -1,500 -1,500 -1,500 -1,500 -7,500 -20,000 ENDING CASH 39,364 37,989 37,722 36,200 31,336 28,847 28,005 26,635 31,509 22,040 22,040 RESERVE FUNDS 3,524 3,524 3,524 3,524 3,524 3,524 3,524 3,524 3,524 3,524 NOTE FUNDS 7� Q Q Q 7 i 3.812 �812 �� ��� 2,1 8 Q AVA LABLE CA SH ASH 32,028 30,653 30,386 28,864 27,103 25,323 24,481 23,111 25,807 18,516 MROSD 1 0-YEAR GASH FLOW PROJECTION 4/15/00 TAX GROWTH AFTER 00-01: 5% ($Thousands) EXPENSE GROWTH AFTER 00-01: 7% FISCAL YEAR: 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09 09-10 BEGINNING CASH 36,931 22,040 5,444 11,088 5,761 6,370 6,293 6,285 6,340 6,456 TAX REVENUE 14,999 15,749 16,536 17,363 18,231 19,143 20,100 21,105 22,160 23,268 DEVELOP GRANTS 147 154 162 170 179 188 197 207 217 228 ACQ GRANTS/GIFTS 1,085 INTEREST INCOME 1,750 830 525 525 375 375 375 375 375 375 OTHER INCOME 783 773 783 773 783 783 783 783 783 783 TOTAL REVENUES 18,764 17,516 18,006 18,841 19,568 20,489 21,455 22,470 23,536 24,654 OPERATING EXPENSES 6,751 j 7,224 7,729 8,270 8,849 9,469 10,131 10,841 11,599 12,411 MAJOR IMPROVEMENTS 697 732 768 807 847 890 934 981 1,030 1,081 ANNEXATION EXPENSE 128 CURRENT DEBT SERVICE 6,079 6,157 7,265 6,891 7,063 7,237 7,428 7,623 7,820 8,003 NEW DEBT SERVICE 0 0 600 1.200 12000 1,970 1_,970 1,0_07 1.970 1.970 TOTAL EXPENSES 13.655 14,112 16,363 17.168 17,959 19,565 20 463 21,414 22.419 23 466 OPERATING CASH FLOW 5,109 3,404 1,644 1,673 1,609 923 992 1,056 1,116 1,189 NOTE PROCEEDS (NET) 19,000 LAND PURCHASES 20,000 20,000 15,000 7,000 1,000 1,000 1,000 1,000 1,000 1,000 ENDING CASH 22,040 5,444 11,088 5,761 6,370 6,293 6,285 6,340 6,456 6,645 REQUIRED RESERVES 3.524 3.524 3,524 3,524 3.524 3.524 3.524 3.524 3 524 3.524 AVAILABLE CASH 18,516 1,920 7,564 2,237 2,846 2,769 2,761 2,816 2,932 3,121 CUMM NEW LAND 1 20,000 40,000 1 55,000 1 62,000 1 63,000 1 64,000 1 65,000 1 66,000 1 67,000 1 68,000 fir' Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-56 Meeting 00-09 April 26, 2000 AGENDA ITEM 311 AGENDA ITEM Approval of Amended Fiscal Year 2000-2001 Operating Expense Budget Resulting from Salary and Benefit Adjustments for Bargaining Unit Members and Office, Supervisory and Management Staff GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the amended budget presented in this report, totaling an overall increase in operating expenses of$436,157. 2. Adopt the attached resolution approving the amended budget for fiscal year 2000-2001. DISCUSSION At your meeting of March 22, 2000 you adopted a $33,218,906 budget for the fiscal year 2000-2001 that included an operating budget of$6,314,695 (see report R-00-43). As noted when the budget was approved, it was prepared without knowing the outcome of the union negotiations with S.E.LU. Local 715 and the salary and benefit adjustments for office, supervisory and management staff. Following the adoption tion of the budget, labor negotiations and the salary Y and benefit study for non-represented staff were completed and the results of both are being presented to you prior to your consideration of the recommendations contained in this report. As a result, the amended budget reflects the proposed three-year labor contract for represented staff, and salary and benefit adjustments for office, supervisory and management staff. If approved, the new labor contract and changes to the salaries and benefits for all employees will result in a $436,157 increase to the overall budget, bringing the proposed fiscal year 2000-2001 budget to $33,655,063. The proposed operating budget will increase to $6,750,852, a 12.2% increase over the adopted 1999-2000 operating budget of$6,015,610. The proposed budget adjustments for this report all occur in salaries and benefits which are rising 12.7% over the adopted 1999-2000 budget. Justification for the significant increases in salaries and benefits is described in two related staff reports being presented to you at this 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200 FAX:650-691-0485 s E-mail: mrosd@openspace.org openspace.org * Web site:www.openspace.org � Board ofOirectors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager:t.Craig Britton R-00-56 Page 2 same meeting (see reports R-00-52 and R-00-53). In general, the proposed increases are attributed to the fact that it is becoming increasingly difficult for public agencies in this area to recruit and retain employees, largely because of a decrease in unemployment, lucrative compensation plans in a large segment of the labor market, and sharp increases in housing costs. In addition, the salary and benefit study recently completed by Johnson & Associates indicates that District salary ranges are in most cases below, and in some cases significantly below, the labor market median. Lastly, as explained in report R-00-53, the District's cost-of- living increases over the past three years have not kept pace with the increase in the Consumer Price Index (CPI), nor with the cost-of-living adjustments provided by the other agencies in our competitive labor market. Six Percent Budget Growth Guideline for Operating Expenses Normally, salary and benefit adjustments are considered within the Six Percent Operating Budget Growth Guideline but, given the unusual circumstances associated with the proposed 12.7% increase in salaries and benefits being proposed for the this year, we recommend a one- time adjustment to the budget growth baseline. The baseline has been adjusted once since the inception of the 6% growth guideline, in 1998 when the resource management program was moved out of the capital improvement program. Operating expenses include salaries and benefits, services and supplies, and fixed assets associated with the administration of the District's five programs. According to the adopted 1999 Budget Growth Guidelines for District Operating Expenses and Capital Improvements, the guideline can be adjusted when significantly impacted by changing conditions. The significant increase in salaries and benefits is a result of responding to the changing conditions in the Bay Area labor market. As outlined to the Administration and Budget Committee by staff, the reasons that this proposed increase warrants a baseline adjustment include the following: • The District is just coming off a three-year contract which included implementation of the 2% @ 55 formula for PERS, and during that time most of our comparable agencies adopted the 2% @ 55 formula, putting the District slightly behind the local labor market. • The District just recently lost a number of key employees, which was partly due to the very strong labor market, low unemployment and the high cost of living in this area. • The very tight and expensive housing market in this area (which is not a component of the Consumer Price Index) has weakened the District's ability to attract new employees from outside the area. • The District just completed a comprehensive reclassification study in February 2000. The previous study was completed in 1992, approximately eight years ago. The new study indicates that our labor market position has eroded and therefore the salary increases this year include a "catch-up" provision. R-00-56 Page 3 The Administration and Budget Committee has reviewed and concurred with staffs recommendations contained in this report. It should be noted that the Committee has expressed concern over the long-term viability of the six percent budget growth guideline because of a trend over the past two ears when the guideline has been exceeded. It was Pa Y agreed that the guideline should remain intact during the fiscal year 2001-2002 budget preparation, but then be re-examined as necessary. It is also recognized that the full impact of this year's salary and benefit adjustments will not be fully understood until next year when staff vacancies have been filled and costs associated with the vacation reimbursement plan are analyzed. Also some of the unfilled positions have been budgeted at only nine months due to the time delay in recruiting, so next year the salary and corresponding benefits for these positions will be budgeted for a full year. The operating budgets and expenses, as compared with the six percent budget guideline are shown in the following table. FY 95-96 FY 96-97 FY 97-98 FY 98-99 FY 99-00 FY 00-01 Amended Operating Budget >.9% >3.8% >10.3% >11% >7.4% >12.2% Growth Expense >1.9% >4.1% >6.7% >14.3% >8.8% >11.8% Growth actual actual actual actual (projected) ro'ected Attachment 1 shows the amended budgets for each of District's five programs. Attachment 2 is a revised graph for the Operating Budget Analysis Including Salary and Benefit Increases. Prepared by: Del Woods, Senior Management Specialist Contact Person: Same as above R-00-56 Page 4 j Attachment 1,page 1 of 2 AMENDED FISCAL YEAR 2000-2001 PROPOSED BUDGET,BY PROGRAM AREA 1. OPEN SPACE ACQUISITION AND LAND PROTECTION PROGRAM 99-00 Adopted Budget 99-00 Projected Exp. 00-01 Proposed Budget Salaries&Benefits $250 450 $238,700 $293,250 Services&Su lies 88,950 89,060 113,580 Fixed Assets- Operating Expenses 173,000 140,900 125,600 Enterprise Subprogram 117,950 110,975 111,775 Debt Service 5,547,000 5,921 901 6,078,811 Land 20,000 000 21,025 000 20,000,000 TOTAL $26,177,350 $27,526,536 $26,735,016 2. PLANNING PROGRAM 99-00 Adopted Budget 99-00 Projected Exp. 00-01 Proposed Budget Salaries&Benefits $423 135 $417,695 $532,232 Services &Supplies 167,000 83,935 152,290 Fixed Assets- Operating Expenses 4,250 15,700 5,600 Special Projects/Salaries &Benefits 30,165 15,080 Special Projects/Services &Supplies 331,500 103,500 100,000 Staff Facility hn rovements 135,000 32,930 105,000 Capital Improvement Projects 621,450 531,720 490,150 TOTAL $1,712,500 $1,200,560 $1,385,272 3. OPERATIONS PROGRAM 99-00 Adopted Budget 99-00 Projected Budget 00-01 Proposed Budget Salaries&Benefits $2,360 250 $2 274,065 $2,750,050 Services&Supplies 712,900 763,262 830,850 Fixed Assets- Operating Expenses 194,700 196,447 211,500 TOTAL $3,267,850 $3,233,774 $3,792,400 R-00-56 Page 5 i I I I Attachment 1,Page 2 of 2 4. PUBLIC AFFAIRS PROGRAM i 99-00 Proposed Budget 99-00 Projected Budget 00-01 Proposed Budget 0 Salaries&Benefits $325,325 $308,77 5 $3 4,900 Services&Supplies 192,000 196,837 203,325 I Fixed Assets— Operating Expenses 3,000 4,100 8,400 Special Projects 11,500 6,413 28,250 TOTAL $531,825 $516,125 $544,875 I i 5. ADMINISTRATION PROGRAM i 99-00 Adopted Budget 99-00 Projected Budget 00-01 Proposed Budget Salaries&Benefits $692,950 $705,750 $719,650 Services&Supplies 296,150 272,550 368,050 Fixed Assets— Operating Expenses 13,600 8,850 19,800 Special Projects&Office Facilities 65,000 35,000 90,000 TOTAL $1,067,700 $1,022,150 $1,197,500 i RESOLUTION NO. 00- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AMENDED BUDGET FOR FISCAL YEAR 2000-2001 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The amended budget for the Midpeninsula.Regional Open Space District for the fiscal year 2000-2001 is adopted as set forth in Exhibit A. Section Two. The District's allocation of property taxes collected shall correspond to the maximum tax rate of one percent of assessed valuation for all agencies within each county. Section Three. A total tax rate of ten cents ($0.10)per$100 assessed valuation is adopted or such lesser amount as may be allowable by law. Section Four. An adjustment to the New Land Purchases budget category shall be made to reflect any difference between actual revenue and budgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. Section Six. This Resolution supercedes and replaces Resolution No. 00-16, dated March 22, 2000. EXIIIBIT A Midpeninsula Regional Open Space District Budget for Fiscal Year 2000-2001 I. Revenues A. Tax Revenues $14,999,000 B. Grant Income 1,232,000 C. Interest Income 1,750,000 D. Rental Income 683,000 E. Other Income 100,000 TOTAL REVENUES $18,764,000 IL Increase in Reserves ($12,954,906) III. Expenditures A. Debt Service 1. Interest $4,434,362 2. Principal 1,644,449 Debt Service Subtotal $6,078,811 B. Salaries 1. General Manager Appointees $3,584,000 2. Salary Incentive Awards 0 3. General Manager 110,350 4. Legal Counsel 66,850 5. Controller 15,000 Benefits $793,882 C. Director's Fees $30,000 Salaries and Benefits Subtotal $4 600 08 2 D. Services and Supplies 1. Legal Services $65,000 2. Regular Outside Services 56,800 3. Contract Services 478,075 4. Election/Annexation 28,000 5. Library and Subscriptions 9,350 6. Film and Developing 1,700 7. Rents and Leases 47,350 8. Utilities 100,730 9. Postage 45,500 10. Printing and Duplicating 27,400 I D. Services and Supplies (cont'd.) 11. Insurance $184,750 12. Advertising 15,600 13. Maps and Aerials 1,200 14. Private Vehicle Expense 19,400 15. District Vehicle Expense 177,400 16. Business Meeting Expense 9,425 17. Personnel Development 78,965 18. Maintenance/Repair of Equipment 20,200 j 19. Computer Expenses 16,775 20. Office Supplies/Small Equipment 12,025 21. Field Supplies/Small Equipment 70,450 22. Outside Maintenance Services 258,150 23. Property Taxes and Permits 4,600 24. Communications - Publications 150,375 25. Communications - Special Projects 8,250 26. Volunteer Program 15,400 27. Miscellaneous 250 28. Annexation 5,000 Services and Supplies Subtotal $1,908,120 E. Fixed Assets 1. Previous Land Commitment $1,477,000 2. New Land Purchases 18,523,000 3. Appraiser 20,000 4. Site Acquisition Expense 10,000 5. Legal fees 50,000 6. Title Insurance 20,000 7. Negotiation Consultants 5,000 8. Site Engineering 10,000 9. Option Fees 10,000 10. Structures and Improvements 697,150 11. Field Equipment 15,500 12. Office Equipment 41,900 13. Vehicles 188,500 Fixed Assets Subtotal $21,068,050 TOTAL OF ALL EXPENDITURES $33,655,063 I I i ATTACHMENT TWO Agenda Item 3B OPERATING BUDGET ANALYSIS Including Salary/Benefit Increases 7,500,000 Difference between Budget and 6% Growth Guideline=$15,079 7,000,000 Adjusted 6% Growth Line for Salary and Benefit Increases in the amount of$436,157 6,500,000 Adjusted 6% Growth Line for RM e Program in the amount of$92,000 p 6,000,000 Projected Actual , Expenses 5,500,000 5,000,000 Average Budget Growth 94/95 to 00/01 6.1%(was 5.7%) Average Actual Growth 94/95 to 99/00 5.7% Projected Budget Growth 00/01 to 00102 6.0% ; Budget Growth 99/00 to 00/01 12.2%(was 5.0%) ; 4,500,000 4,000,000 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 F— —6% Growth — 8 Budget Growth 4 Actual Growth 4/26/00, 4:00 PM I � 20-Apf-00 moPEwmmmxEGIoNAL OPEN SPACE DISTRICT w PRELIMINARY BUDGET BY PROGRAM z,00-200, (Dollars) « ----------------------'-------------------'—'--------------------'n x n Acquisition If p*""*w x o=°tio"° x Public Affairs n Administration If TOTALS x n Budget Category n Program u ,°o"m n ,°v=m o program x Program x (All Programs) o xn---------n---------'n'---------n---------o---------o---------x oREVENUES n n n u o x o xn----------o--------'n---------x---------o-----------n---------o o Tax Revenue n If it n o 14,999,GOo11 14v99,DOo11 xo---------n----------n--------'—u---------x----------n-----'----x o Grant Income n /,085,00011 147,00011 u x n 1,232,00011 xn---------x---------'n'--------�o---------'x---------'n---'-----�o u Interest Income n o n x x 1,50,000 If 1,750,000 o nn---------�o---------n------'--'x---------'o---------'n---'---'--o x Rental Income n 683�000 o n x x n 683^00 x on---------:----------n---------'x----------n---------n--------'o n Other Income o 100,000 x n o o o n 100,000 n ox---------o---------n----------x---------'o---------n----------o o n o n x x n o n TOTAL INCOME o 1,868�000 x 147wm n o n o o 16,749,000 x 18,764,000 o � x o If n if u n x � n n-----------u---------n---------x------'---n---------'n---------x n u n n x o n o 11 INCREASE IN RESERVES x o n n x n (14,891.063)11 n if n o n n n x nn--- ----- -------------o----------n-----'----o------'--n---------'x----------n � � � � � � � � � � � � � � � � � � � � � � wmPEmNSum REGIONAL OPEN SPACE DISTRICT (b) PRELIMINARY BUDGET BY PROGRAM 2000-2001 (Dollars) » '-------------------------'---------------'-------------------o n / Acquisition x m="/ng o Operations n Public Affairs o Administration o TOTALS x o Budget Category x Program x p°o=m o p=o°m x Program n r~v"m n (All Programs) x uo----------u'--------n-------'--n---------o---------'n---------'o o x x n n n n n xsXPswormREe o If n o x n x xu----'------x---------n----------n------'---o---------'n---------n n Debt Service o x n n n n u no----------o---------o---------n---------o----------n----------n nmterem o +,34.362 x n x x n 4,434,362 u un----------n---------o---------x---------u----------n---------o � nprinwpal x 1^44,449 n n o n n 1^44,449 If � n x---------n----'-----'n'---------x'---------n---------'n---------'u 11 SUBTOTAL 6,078,811 n n x n x 6,078,811 v oo----------x---------'o---'-----'x---------'n---------'—x---------n ou*=ies o : n o x n n no-----'----n---- -----------n----------u-------'---n----------o----------o � n*oen.ugr.^w°*tee" n 247,450 n 437,200 It 2,259,850 o 248,000 " 391,500 x 3,584,000 o � n o---------n----n----------x----------n--- ---- -------- '---o—-------- ---- ---o nwoalav*�"�.Awardso o x n n ox on � � n n--'-------n---------o---------n_--------n---------o---------o � Geneu* m�"�� n x x n o `m�on 'm�on ral itn---------o---------n---------'n---------o—'--------'n'--------'x :*Legal Counsel n o n n if 66,850 n 66.850 n nn----------n---------x--'-------o----------o----------------n---------n x*u��w x n x x n m�� n o�v n � �"�, oo---------n---------o---------o---------'n----------n---------n � � noen^its If 45,80 n 95,03211 490,2D` 11 56,90011 105,95011 793,88211 it o----------n---------x---------o----------'n---------'o----------n � ooirecto°Fees x it it it If `wxmn ,wmou � � n o---------o----------x---------'n'---------n----------n---------'n � � xoUBm,AL n 293,25011 532,23211 2,750,05011 304,90011 719,65011 4,600,08211 � � n x---------n---------n------'--'n---------n---------o---------x � � | � | | / mmPEwINSvLA REGIONAL OPEN SPACE DISTRICT w PRELIMINARY BUDGET BY PROGRAM zmm-200/ (Dollars) x -------------------------------------------------------------n x x �w'�� n ,*�� o o�"m�" n '��^�� n ^u��'*~�" x ,om� n 11 Budget Category n p°o"~ n p=v"= n Program x Program n Program o (All Programs) u nn---------'n----------x---'-----'o---------n----------o---------'n 11 SERVICES&vUPpus o x n n n n n on---------n---------'-x'---------n' ----------n----------n---------x xuw*oervices x 15/00 n o 40,000 n n 10/00 n 6*00 x xx----'----n'---------o---------n---------n---------x---'-----'n x Regular Outside o°wce" If ,,mm n mw n 33.800 o o n 7,500 x 56,800 x xn'----'-----n---------n---------'x---------n----------n----------u n Land Option^= n o n x o n n o n ox----'-----n----------o---'------'o'---------'n----------n---------'o n Contract Services n 75,176 n 222,300 n 103,900 it 13�500 n 63,200 n 478,075 n on'---------n----'----o---------x---------'o---'------x----------'n ns*m=m"=ation n x x x n 28,00011 28,00011 � o n---------n---'-----o----------'o----------n----------x---------'n � 11 Library=mom=**=" n um n *00 o nm It 1�400 n 6,500 n 9,350 n � n n---------n---------n---------x---------x---------'n----------n � x Film uDeveloping n mm n mm n mm if n x ,nm n � o n---------n---------o---------n---------n---------x---------'n � n Rents and Leases n x n 19,000 o *m n 27,900 x 47,350 n � n n---------n---------n---------n---------'n----------x'---------n � ovtilities x 16,78011 /,50011 26.95011 o 56^00x 100,73011 � � n o---------n---------u---------n----------u---------o----------x np=m= n am n um n o n 29,000 o 16,000 n 45,500 It no---------u---------'n-'--------o---------o----------n------'--x � � n Printing and Duplicating n xm u *,7DO n 4,500 o 2,300 x 15,800 n 27,400 u � xo---------'x----------o----------n---------o---------'n---------n n*su~=° n 26,00011 o 117,50011 n 41,25011 m^rmo � � x x-------'-'x----------n----------'n---------o---------n----------n � � n**ertmng x ,*m o 2,DOo x 6,000 n 1.500 n 5,000 n 15,600 It � oo-'-------'x-------- ---------x---------n----------n----- -------------n ----x � � o Maps and Aerials x 1.200 o o it o n n 1,200 n � o o---------n---------x---------n---------'n-----------:---------'n o Private Vehicle Expense x *,00011 7,000n 2,500n 1.20011 4,70011 19^00n � � o n---------n---------n---------n----------x---------x---------x � x District Vehicle Expense o n n n/*w n x o v/*w n nn----'--------u---------n---n----------x---------o----------n � n Business Meeting Expense : mwn nmx 1,10 o 3,97511 3,500n o^ao � n n---------n----------n---------n---------'x---------n'---------n � � n Personnel Development n 3,650 n 9,065 u 29,600 n 2,650 x 34,000 n 78,965 n � � n :----------n---------n---------o---------x---------o---------o � nmainuRe=,Equipment n n oo 19,70011 n mmn 20,20 x � If o---------x--------'o----------x----------------'o----------n-----------------x n Operating cnense,mste/ o o o o o x n o o ox---------o---------o-'----'---'o----------u---------'n---------x � x Computer Expenses n mmn 2,37511 2,00011 ,*mn 10,70011 16,77511 � � o n-'--------n-----'---u---------o----------o---------n---------u � x Office oup^iesmmIEquip. o amn 1,400o 2,20011 32511 7,80011 12,02511 � nn---n---o---n----------n------------------n----------u � � xField Su,pliestSmilsquip n n n 70,450 n n n 70,450 o � � x n-'--------n---------'o---------n----------n---------x---------n � o Outside waint.S"~ice" x 60v0011 n 168�45011 u 29,100 x 258.15011 ux---------'x---------o----------o---------x---------n---------x � o Property Taxes uPermits x x o 4,60011 n : 4"0011 � oo---------o---------o---------n'---------n------------------n----------o n Comm.Publications o n o If 150*75 n n 150,3' n nn---------o---------n----------n----------n---------x---------n � n Comm.Special Projects n n n n 8,250 n If 8,250 n o It it x Volunteer Program o n n n 15^0011 o 15,40011 � Ifo----------n---------n---------x---------o----------o----------'n xuucel*ne"us If n o n 150 o xm n cm o nn----------n---------'n---------o----------x---------n-----------o n^°e=tio" n 5,00011 n n vo oo 5,00011 nx---------o---------'x----'----x---------'x---------x----------x nuUBmmL x 225.356u 252,29011 830,85011 231,57511 mo=on 1,9m,12011 nn---------n---------x---------x'---------n-----------n-----'----o � wIDPENIwSUm^EGImNAL OPEN SPACE DISTRICT w PRELIMINARY BUDGET BY PROGRAM 2000-200' o --------------------------------------'---'---------''---------n o n Acquisition n Planning n Operations o Public Affairs o Administration x TOTALS x x Budget Category n ,°n"m x p°o"m n p°o=" it p=n°" n Program o (All Programs) o It u---------'x---------'n----------o---------n----------o---------n onvED^SSsm o x o n o n n o x x o o n n n x n x o n n n o nprevmus Land Commitment it 1,477,00011 n n n n 1^77�00011 nn----------n---------n---------n---------n----------n---------o nNew Land Purchases u 18,523,00011 o n n x 18,523,00011 nx---------n---------n---------n-------'--x----'-----o---------x 11 Appraiser 20,00011 o x o x m.ODon : n----- ---------- ---o---------------—x'-----'---x---------- --n----------n---------x nmm^cq.isitm ,==se n 10^0011 x o x o 10,00011 xn---------'u-----'----n----'-----o---------'x---------n---'------x o Legal Fees o 50,vDO11 n x n n 50.mm11 uu---------o---------n---------'n----------n---------x-------'--'x unwocatio" n o x n x o u o n � n x----------n'-----'---'n----------o----------n-------'--x---------n � nTKIeInsurance n 20�000n x n o n 20,00011 � n n---------n---------x---------'n---------'o'---------n----------o n Negotiation Consultants it 5,00 o n n o o 5,000 o � n x----x---------n'---------o---x—'-------'o---------n � �v� u n o n n w�� o nm*c�"=�o n on----------n---------n-----'---'n---------n----------u---------'o x Site Preparation Expense o x v u n n n » x xx----------u---------x----------n---------n----------x---------------n 11 Option Fees o 10,000 n n u n o 10,000 n � nx----n---------o---------'n---------x---------'x---------n � n Structures^Improvements n 12*00 x 595,150 n u n 90,000 o 697,150 n � n n--'-------n---------n---------x----------o----------n----------u � n m�o x x n ^,�o n o�wc�,�" n o o n x n x x n o � ________— __—______ _______—_— __'____—_— ____--_—_' ____—____ o Office Equipment n mmo 5.60011 7,50011 o*mo 19v0011 41,90011 � o x---------n--------'o---------n---------n---------n-------'---n 11 Vehicles n x 188,50011 u x 188,50011 nn----n---------'x---------n---------n---------x---o 11 SUBTOTAL 20,137,60011 600,75011 211,50011 o*nx 109,80011 21.Oo05011 xn---------n--------'n----------o------'---o'---------o---------'n � x n n x x n n If � o TOTAL op ALL EXPENDITURES n 26,735v16x 1,385,27211 3,792,40 n ~wvmn venxmn 33,655.06311 xx----------x---------:----------n---------n----------'x----------n u TOTAL EXPENDITURES x o o n n x n n EXCLUDING LAND AND o n o x o n o x DEBT SERVICE n 656,20511 1,385,27211 3,792^0011 544,87511 1,197,50011 7,576,25 It : � n--- ----------n---------n---------x--------'u---------n-----'----x � Regional Open 5 ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-54 Meeting 00-09 April 26, 2000 AGENDA ITEM 4 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to Ide ify Bench Sites for Use by Peninsula Open Space Trust in its Memorial Giving Program GENERAL MANAGER'S RECOMMENDATION Adopt an amendment to the Comprehensive Use and Manag ent Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to permit installation of benches by Peninsula Open Space Trust in its memorial giving program. DISCUSSION At your March 22, 2000 meeting you tentatively adopted an amendment to the Use and Management Plans for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves to designate future bench sites. Benches will then be installed as part of Peninsula Open Space Trust's (POST) memorial giving program (see report R-00-34). Staff has received no public comment on this matter since your March 22 meeting. CEOA COMPLIANCE At your March 22 meeting you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19, Sections 15303 and 15304. Prepared by: Douglas Vu, Open Space Planner Contact Person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open _ ace 1 R-00-50 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-09 April 26, 2000 AGENDA ITEM 5 AGENDA ITEM Approval of License Agreement to Enable the Town of P ola Valley to Perform Repairs to Alpine Road Adjacent to Windy Hill Open Space Presery GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize the General Manager to execute the attached letter to the Town of Portola Valley approving your concurrence with the attached Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project. 3. Authorize the General Manager to execute the attached License Agreement with the Town of Portola Valley for repairs to Alpine Road adjacent to Windy Hill Open Space Preserve. The License Agreement is conditional on the Town of Portola Valley subsequently approving a Conservation Easement upon the Town's property identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in exchange for District approval of a permanent slope easement in favor of the Town for these and future road-related repairs. DISCUSSION In September 1999, the Town of Portola Valley contacted the District requesting an easement to complete repairs as a result of storm-related damage on Alpine Road, adjacent to Windy Hill Open Space Preserve. This is the last phase of repair work that began in 1997. The Town of Portola Valley has requested immediate District approval of a License and Section 4(F) Evaluation in order to meet the application deadline for FEMA funding. The Programmatic Section 4(F) Evaluation is a report required when federal funds are used for improvement of existing highways within public parks and recreation areas. A permanent exchange of easements, which is a condition of the License Agreement, will be presented to the Board at your May 24, 2000 meeting. The exchange of easements will require unanimous approval of the Board. On April 23, 1997, the District finalized the granting of easement rights to the Town of Portola Valley for emergency repairs to the slope of Alpine Road in the Windy Hill Open Space Preserve between Willowbrook Drive and Lauriston Road (see report R-97-17). The easement granted was a non-exclusive slope easement allowing the installation, repair, and maintenance of retaining walls, drainage facilities, and other improvements for slope maintenance. This easement was granted without an exchange due to the emergency nature of the work. 330 Distel Circle . Los Altos,CA 94022-1404 e Phone:650-691-1200 FAX:650-691-0485 e E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .Genera!Manager:L.Craig Britton R-00-50 Page 2 This last phase of work falls within three basic categories. The first category is the need for a permanent road easement over the existing road area. Recent surveying by the Town has discovered four areas where the alignment of Alpine Road passes over District land. The Town has requested permanent road easements for these areas. A second category of work is for additional drainage culverts. The Town has discovered new areas along Alpine Road that require water drainage culverts to carry water off the road and into the creek. The third category of work is for construction of a new gabion retaining wall and augmentation to existing gabion retaining walls. This final gabion retaining wall construction will complete work that was begun under the emergency repair easement of 1997. The drainage culvert and gabion retaining wall areas are best covered under a slope easement adjacent to Alpine Road(see maps Exhibit Al and Exhibit A2). CEQA DETERMINATION The project is exempt under Section 15269(b) and (c) of the California Environmental Quality Act Guidelines. The project is designated a statutory exemption under Section 15269(b) and (c) for emergency repairs to maintain service to a public facility and/or to prevent or mitigate an emergency. As the lead agency on this project, the Town of Portola Valley filed a Notice of Exemption under Sections 21080(b)(4) and 15269(b) and (c) of CEQA on July 15, 1996. As lead agency, the Town is also responsible for obtaining the required permits from the State of California, Department of Fish and Game. TERMS AND CONDITIONS As part of the proposed License, Portola Valley has agreed to the following: 1) Restoration of any District land impacted by the construction work. This will be done with erosion control and revegetation with native plants. 2) Performance of mitigation measures as outlined in the attached Agreement for Exchange of Easements to District lands impacted by construction. 3) Obtain the necessary permits from the State of California, Department of Fish and Game for the construction of the slope improvements. 4) Include District staff in preconstruction meetings. 5) Exercise care during construction and keep District lands free from debris and surplus materials. 6) Assume liability and provide insurance for the construction project. 7) Approval of an Agreement For Exchange of Easements with a Conservation Easement in favor of the District over approximately 23 acres upon the Town's property located southeast along Corte de Madera Creek, identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160, (see map Exhibit B), in substantially the same form as the attached Agreement for Exchange of Easements and Conservation Easement. R-00-50 Page 3 8) Approval by District of a Permanent Slope Easement over approximately 3 acres. The proposed License assures protection of District land and allows for the repair of Alpine Road. This document, and the permanent Agreement For Exchange of Easements, includes protections for any future work that may take place along Alpine Road on District land, and a much larger area of land along Alpine Road owned by the Town of Portola Valley. While the District's Conservation Easement protects the riparian environment along the road, the Town will remain responsible for maintaining their trail on the Town's property. LIST OF ATTACHMENTS Windy Hill Open Space Preserve Map Slope Easement Map Conservation Easement Map Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project Letter from District General Manager to Town regarding Section 4(F) Concurrence License Agreement Agreement For Exchange of Easements Prepared by: Thomas W. Fischer, Land Protection Specialist Maps Prepared by: Ana Ruiz, Planning Technician Contact person: Thomas W. Fischer, Land Protection Specialist WINDY LLILL OPEN SPACE QRESERVE MIDPEN . . ULA REGIONAL OPEN SPACEWISTRICT i PORTOLA VALLEY (WHOS) Cr C goo •says _ o Pond \ p 7001► 0'.6 / .•. di • 1200 SPr-,09Aidge Trdi/ 0.3 Q` 1.6 1400 x, 0.2 ,€s HOt) - 0.2 0.4 0.4 Imo/ •11, ,II ^`Ji r 0.2(WH06) i� 1 �- ••' anniversary Trail 1�•• / —� Hamms 11 _ Or +� Hamms Gulch Trait 2.6 ` ® 1 ' �S,J SLOPE EASEMENT o.z / AREA 0.4I, "^ } + .I e OO twH02 , a ��� -- �.., 441)0 600 -11'�Lost �Trail 'aoo �f/• ��'✓' / /'� Attention Equestrians: \ ��P e �.p• ti Lost,Hamms Gulch,and Razorback Ridge Trails 0ulevartf ' 0.4 /oeE are closed seasonally.Check trail conditions • y j p by calling the District office. i o/ i 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 4ron One Mile EXHIBIT A 1: SLOPE EASEMENT AREA AT WINDY HILL OPEN SPACE PRESERVE own of Portola VaOby License Agreement - Slope Easement Area ,o MROSD 1 D�4 A�p`ne Roa PORTOLA VALLEY RANCH 0 U LANDS OF KABCENELL Map Legend Property Line Easement — - - — Creek Area Road:4 Culverts:9 Gabion Wall:3 EXHIBIT A2 WINDY H11L OPEN SPACE P&SERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT o \ � p 0 0 Q CONSERVATION EASEMENT AREA o O 0 A p LU cc ao 0 LU W W U a v w 0. o Qp Y uj � � a J� o EXHIBIT B: TOWN OF PORTOLA VALLEY CONSERVATION EASEMENT AREA 2000 0 2000 Feet DRAFT ............................. .... .�::::::::::::.v...:. .......................... ... ... ........:......:n:::.:n,.fi't•Y;:•Y.:-.:;'}:.ri•Y}'.:?:.Y•::.a}::'v.v:.:'::kinii •." :},.: ...Y:..r R. , :, F... „}.v ak.:�o?{k.•;\.. ,..\k.• .....o.' 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'`{'<,. ....... ,...:'a Prepared by the Town ojPortola Valley For use by Caltrans District 4 and The Federal Highway Administration December 9, 1999 INTRODUCTION Section 4(f) of the U.S. Department of Transportation Act of 1966 specifies that publicly owned land from public parks, recreation areas, or wildlife and waterfowl refuges of national, state, or local significance may be used for Federally funded projects only if: 1. There is no feasible and prudent alternative to the use of such land, and 2. Such highway program or project includes all possible planning to minimize harm to 4(9 lands resulting from such use. A Final Nationwide Programmatic 4(f)Evaluation has been prepared and approved for federally funded projects that improve existing highways and use minor amounts of 4(0 type lands that are adjacent to existing highways. The Nationwide Programmatic Section 4(f) Evaluation approved by FHWA on December 23, 1986, satisfies the requirements of Section 4(f)for all projects that meet the applicability criteria. The purpose of the Programmatic Section 4(f) Evaluation for this project is to docu- ment considerations, consultations, and alternative studies supporting the determina- tion that there is no prudent and feasible alternative to the use of 4(f) lands, and that all possible measures to minimize harm to these 4(f) lands have been incorporated. This determination is pursuant to 49 U.S.C. §303 and 23 U.S.C. §138. The Alpine Road permanent restoration project, funded partially by Federal Highway Administration (FfIWA), proposes to construct repairs to flood damaged areas along Alpine Road in San Mateo County, California. The project site is adjacent to the Windy Hill Open Space Preserve, a public recreational area owned by the Midpeninsula Regional Open Space District(MROSD)(see Figure 1,Project Location Map;Figure 2,Project Vicinity Map;and Exhibit A,Windy Hill Open Space Preserve map),which is an independent special district created in 1972 by the voters of north- western Santa Clara County. Southern San Mateo County joined the MROSD in 1976. The project requires acquisition of permanent casements within the Windy Hill Open Space Preserve. As part of the project, the Eagle Trail (a riding and hiking trail), which is now closed due to flood damage, will be repaired and reopened for public use. The Eagle Trail is within the Windy Hill Open Space Preserve boundaries,but is maintained by the Town of Portola Valley. The criteria for the Programmatic Section 4(f) Evaluation have been applied and, as shown on the following pages, indicate that the Programmatic Section 4(f)Evaluation is appropriate. CRITERIA 1. The proposed project is designed to improve the operational characteris- tics, safety, and/or physical condition of the existing highway facility on essentially the same alignment. 12/9/99((I,:VFPV83 McAf dmftTeP0rtwPd)) Finding The proposed project is to construct flood damage repairs necessary to restore safe access to the area served by Alpine Road. The project is partially funded with Federal Highway Administration road repair funds and provides access to the MROSD and several reside-nces. Numerous areas along Alpine Road,upslope and downslope of the roadway, were damaged during the winter of 1997-98. This project includes the downslope repairs only. Proposed repairs include slope grading, construction of retaining walls, placement of riprap, and paving along the alignment of the existing road. 'llie proposed project improves the safety and physical condition of the road on essentially the same alignment. 2. The Section 4(f)lands are part of publicly owned parks,recreation lands, or wildlife and waterfowl refuges located adjacent to the existing high- way. Finding The Windy Hill Open Space Preserve is a 1,308 acre regional open space reserve owned by the MROSD located adjacent to and west of the proposed repairs to Alpine Road. Public recreation uses within the Windy Hill Open Space Preserve include riding and hiking trails. Since Alpine Road is immediately adjacent to the preserve, implementation of the proposed project will have a direct effect on land owned by MROSD. 3. The amount and location of the land to be used shall not impair the use of the remaining Section 4(o land in whole or in part from its intended purpose. The total amount of land to be acquired for any Section 4(f)site shall not exceed the values as shown in the following table. Section 4(1)Table Total Size 4(f)Site Maximum to be Ac- quired <I 0 acres 10%of site 10-100 acres I acre >I 00 acres 1%of site Finding Recreational uses at the Windy Hill Open Space Preserve include multi-use trails (bicycle,equestrian,and hiking),hang gliding and paragliding(by permit),and nature study. On the east side(where the road runs north/south) and the south side (where the road runs east/west) of Alpine Road, land owned by the MROSD will be perma- 12/9/99((PAIPV83 I\CC14f dtaftmportwpd)) 2 nently impacted during construction of the project. Repairs consist of slope grading, construction of retaining walls, placement of riprap, and paving along the existing alignment of Alpine Road. These repairs will require permanent acquisition of small portions of the following parcels of land owned by the MROSD that are within the limits of the 1,308 acre Windy Hill Open Space Preserve: Assessors Parcel No. 076-340-070(0.38 acre easement) Assessors Parcel No.080-020-090(0.11 acre easement) Assessors Parcel No.076-350-150(0.03 acre easement)' Maps showing the precise locations of these easements are provided in Exhibit B (Easement Requirements). Together,these easements will require a total of 0.52 acre of MROSD land. The amount of land permanently impacted by this project is less than one percent of the total 1,308 acres of Section 4(f) land in the Windy Hill Open Space Preserve. Implementation of the proposed project will restore safe access to portions of the Windy Hill Open Space Preserve and will not have detrimental effects on the intended use of the preserve. Access to the preserve will be maintained during construction of the repairs. As part of the project the Eagle Trail(a riding and hiking trail),which is now closed due to flood damage, will be repaired and reopened for public use. No other recreational trails or recreational facilities will be used or impacted during construction of this project. Construction is scheduled to begin in June, 2000, and is expected to take approximately six months to complete. 4. Proximity impacts of the project to the remaining Section 4(f) land shall not impair the use of such land for its intended purpose. Finding Recreational uses at the Windy Hill Open Space Preserve include multi-use trails (bicycle,equestrian,and hiking),hang gliding and paragliding(by permit),'and nature study. There will be no permanent negative impacts on the use or function of the Section 4(f) land and facilities by the project. The project proposes to repair storm damage to Alpine Road. The repairs are necessary to restore safe access along the road and consist of slope grading,construction of retaining walls,placement of riprap, and paving along the alignment of the existing road. There will be temporary con- struction impacts associated with this project. The following is a summary of those impacts. Note: In Exhibit B,this parcel is listed as being owned by the Peninsula Open Space Trust(POST). This parcel is now owned by the MROSD. 1219/99((P:VIPV831\cc14fdraffieportwpd)) 3 Noise Noise generated by the type of construction equipment used for these projects(dump trucks,backboes, drilling equipment,etc.) is generally comparable to noise generated by vehicular traffic on Alpine Road. Construction activities for the proposed repairs would be limited to the immediate vicinity of the roadway;thus comparison of vehicu- lar traffic noise and noise from construction equipment, in terms of possible effects to local receptors, is appropriate. No blasting, pile driving, or similar activity is pro- posed. The limited scale of the project and limited construction period, along with application of standard specifications for noise reduction during construction,will not result in adverse noise impacts. People using the Windy Hill Open Space Preserve in the immediate vicinity of the repairs may be exposed to equipment noise during the construction phase of the project. However,equipment noise is temporary and would no longer occur once construction of the project is complete. Dust Some construction operations will temporarily create dust. In addition to dust, con- struction activities will also cause combustion emissions to be released from on-site construction equipment. Iliese conditions are limited to the construction phase of the project, will be reduced through implementation of standard construction specifica- tions, and will cease when the project is complete. Traffic Delay Ilic portions of Alpine Road between Repair Site No. I and Repair Site No. I I (refer to Exhibit C, Proposed Repair Plan)will remain in service and open to traffic during the duration of the repairs. The portion of Alpine Road between Repair Site No. I I and Repair Site No. 33A will be closed to traffic during construction to expedite construction and reduce potential hazards to the public during construction. Area residents affected by this temporary closure can utilize Los Trancos Road as an alter- nate route. No substantial traffic delays or impairment of access to users of the Windy Hill Open Space Preserve will occur as a result of this project since,as shown in Exhibit A, the closure area affects a roadway located in a remote boundary area of the preserve, and there are numerous other locations for the public to access the pre- serve. Area residents and users of the Windy Hill Open Space Preserve will be notified of detours and closures through signing regarding construction activities that could result in short-term traffic delays, Construction work is scheduled to begin in June, 2000, and last approximately six months. 12/9i99((P:VTPV83 MeAf drafheport.wpd>) Water Quality The project will comply with any water quality conditions imposed by the U.S.Army Corps of Engineers, Regional Water Quality Control Board(RWQCB), and the Cali- fornia Department of Fish and Game. Recreational Use As noted above, portions of Alpine Road will remain in service and open to traffic during construction of the repairs. Detour routes are available where closures are required. Therefore, construction work will not substantially affect access to or the use of the Windy Hill Open Space Preserve. Trees The project will remove some native vegetation, including 61 trees(greater than four inches in diameter at breast height). During construction of the project, existing vegetation will be preserved in place, where feasible. Project mitigation will include revegetation of areas impacted by repairs with native riparian species found in the vicinity of the project. Fish Migration No impact to fish migration will result from this project since the portion of Corte Madera affected by the project is not used by anadromous fish species. 5. The officials having jurisdiction over the Section 4(f)lands must agree,in writing, with the assessment of the impacts of the proposed project on, and the proposed mitigation for,the Section 4(f) lands. Finding [The following is draft text pending actual concurrence by the MROSD] The MROSD has agreed that the project will not adversely affect the use of the 4(f) resources (see Exhibit E, Letter of Concurrence). Project construction work is pro- posed to begin in June,2000,with completion anticipated by the end of the year 2000. Construction activities have been coordinated with and approved by representatives of the MROSD. a Measures to minimize harm include standard erosion control measures (best manage- ment practices); preservation of existing vegetation where feasible; avoidance of the spread or introduction of invasive plant species to the maximum extent possible; and the revegetation of slopes and other graded areas with native riparian species (see complete list of measures provided in Exhibit F. 12/9/99((P:\TPV83 I\cc\4f.drafIreportwpd)> 5 6. For projects using land from a site purchased or improved with federal funds, or lands otherwise encumbered with a federal interest, coordina- tion with the appropriate federal agency is required to ascertain the agency`s position on the land conversion or transfer. Finding The property was not purchased or improved with funds under the Land and Water Conservation Fund Act, the Federal Aid in Fish Restoration Act (Dingell-Johnson Act), the Federal Aid in Wildlife Act(Pittman-Robertson Act), or similar laws. The land is not encumbered with any federal interest (e.g., former federal surplus prop- erty). 7. This programmatic evaluation does not apply to projects.for which an environmental impact statement (EIS) is prepared, unless the use of Section 4(1) lands is discovered after the approval of the final EIS. Finding A Categorical Exemption for California Environmental Quality Act(CEQA)compli- ance and a Categorical Exclusion for National Environmental Policy Act (NEPA) compliance will be prepared and approved for this project following approval of this programmatic Section 4(0 evaluation. NEED The proposed project is necessary to restore safe access along Alpine Road. The road provides access to several residences and the Windy Hill Open Space Preserve. 4` PROJECT DESCRIPTION Numerous areas along Alpine Road were damaged during the winter of 1997-98,both upslope and downslope of the roadway. Damages to the upslope embankment con- sisted mainly of mudslides,while those on the downslope generally involved erosion of the east bank of the creek, which resulted in washouts along Alpine Road. The repair of Alpine Road will be completed as two separate projects. The first project will include all repairs to the upslope embankment. The second project will include all repairs on the downslope embankment. The Alpine Road project area is located approximately one mile south of Portola Valley in a steep canyon formed by Corte Madera Creek(Figure 2). The project area consists of a 3.2 km (2.0 mile) long section of Alpine Road extending from the junc- tion with Willowbrook Drive at the north end to the confluence of Corte Madera and Coal Creeks in the south. Alpine Road runs northwest-southeast through the project area, with the exception of the extreme north end of the project where the road runs 12/9J99<<P;V1TV831\ce\4f.dra8rcporLwpd» 6 east-west. This section of Alpine Road parallels and is located east of, and adjacent to,Corte Madera Creek. The project proposes to repair those areas downslope of Alpine Road that were dam- aged as a result of the storms and associated heavy precipitation during the winter of 1998. Twelve individually damaged areas have been identified along Alpine Road. T'he repairs will consist of constructing retaining walls along the outer edge of the roadway,and with one exception at Site 12, include some measure of slope protection below the wall. Table A in Exhibit C lists the individual sites included in the downslope repairs and contains technical information for each site. Exhibit C also contains the Alpine Road Repair Plan and Landslide Susceptibility Map that shows the location of each of the sites along Alpine Road. This map also includes additional sites not included as part of this project. The repairs will range from 14 meters (45 feet) to 67 meters (220 feet) in length and will be constructed using one or more repairs designs as described below. A plan view and typical cross sections are also included in Exhibit C. Conceptual Repair'"I -This repair will consist of a soldier pile wall constructed at the edge of the roadway. A keyway will be constructed at the edge of the channel, and a buttress constructed of rock and root wad revetments will be placed at the toe of the slope to protect the wall. The slope above the buttress will be excavated, and small diameter rock will be used to build the steep slope up to the wall. A soil slurry will be injected into the rock to facilitate revegetation. This repair will be used for approxi- mately 15 percent of the repair area. Conceptual Repair#2 - This repair will consist of a shear pin wall constructed at the edge of the roadway. A keyway and buttress will be constructed at the toe of the slope identical to that described in Repair#1. However,unlike Repair#1,the natural slope between the buttress and the shear pin wall will not be modified. This repair will be used for approximately 63 percent of the repair area. Conceptual Repair#3 -,This repair will consist of a soldier pile wall constructed at the edge of the roadway. A keyway and buttress will be constructed at the toe of the slope identical to that described in Repairs#I and#2. The slope above the buttress will be graded back to remove loose material and reduce inclination. This repair will be used for approximately 22 percent of the repair area. The repairs vary in the degree of impact to native vegetation. Repair#1 will remove all vegetation between the road and the creek and is the most impacting. Repair #2 will only require vegetation removal at the road edge and at the toe of the slope; this repair is the least impacting. Repair 43 will require minor slope grading in addition to vegetation removal at the road edge and at the toe of the slope; however mature trees will not be removed during slope grading. Repair#3 is less impacting than Repair#1, but more than Repair#2. All graded slopes and fill areas will be protected with jute netting and revegetated with plant species native to the area. In addition to these twelve areas,approximately 20 culverts will be installed along the length of Alpine Road. Since the road drains to the upslope side,the culvert inlets will be placed on this side to collect flows. The culverts will outlet on the downslope side of the road. The design calls for the culverts to be installed on the surface of the slope once they daylight from beneath the roadway. The culverts will extend down the slope and terminate into small riprap energy dissipaters. During construction in the live channel, flows will be diverted around the work area using cofferdams. The cofferdams will consist of plastic modules with individual cells that will be filled with native substrate material excavated from the creek. The mod- ules will be placed at the perimeter of the work area in the live channel to redirect flows around the work area. If necessary,the modules will be stacked to attain the height required to prevent flows from entering the work area. Following construction, the areas affected by cofferdam construction will be regraded to the pre-project con- tours. Drilling rigs will be used to drill holes for the soldier piles and the shear pins; cranes will be used to position the steel for the piles. Backfill material will be placed over the wall by excavators and/or loaders. Small dozers or bobcats will be used at the toes of the slopes, behind the cofferdams, for minor grading and to position riprap or root wads. No access roads are anticipated. If necessary,bobcats used at the toes of slopes will be placed over the wall by a crane. ALTERNATIVES AND FINDINGS A. DO NOTHING ALTERNATIVE The Do Nothing Alternative is neither feasible nor prudent because it would allow the following existing conditions to remain unchanged: • Storm damage along Alpine Road during the winter of 1997/98 caused the roadway to be unsafe for travel. 2. Corte Madera Creek, in its existing condition, will continue to undercut AI- pine Road unless the necessary repairs are implemented. 3. Access to recreational facilities in the Windy Hill Open Space Preserve will remain impaired by the deteriorated condition of Alpine Road and the closure of Eagle Trail. 4. Access to several residences located along Alpine Road will remain impaired by the deteriorated condition of Alpine Road. 12l9/99{t P:\TPV831\=A f.draftreportwpd» 8 _._ ..�--.�-.T�.�.—:..-�-..,r�rrrT^r�.----•'ol�:•-�!^_-'.'T�4AIFti�"7Tt:�lf. The "Do Nothing" Alternative would not provide the necessary permanent repairs to Alpine Road. B. IMPROVEMENT WITHOUT USING THE ADJACENT SECTION 4(1;)LANDS It is not feasible or prudent to avoid Section 4(f) lands by alternative designs or meth- ods of road repair. 717he amount of right-of-way needed for the project is driven by repairs necessary to restore safe access along Alpine Road and additional improve- ments needed to prevent future undercutting of the roadway by Corte Madera Creek. C. AL TERNA TI YES ON A NEW LOCATION It is not feasible or prudent to avoid Section 4(f) lands by constructing the project improvements in another location. Repairs are proposed along the existing alignment of Alpine Road. Shifting the location of the roadway to avoid using Section 4(f)land would result in substantial adverse economic and environmental impacts due to the need to grade the steep slopes on the upslope side of the road. Constructing a new road in another location would be cost prohibitive and would have a substantial impact on the sensitive natural environment in the project area. COORDINATION Agencies contacted early in this process and consulted during the project development process include:the U.S.Army Corps of Engineers,the California Department of Fish and Game, and the MROSD. Additional coordination has occurred with the Regional Water Quality Control Board(RWQCB)with particular regard to erosion control and construction techniques. This project is being environmentally reviewed with a Categorical Exemption/ Categorical Exclusion(CE/CE). 12/9/99((P:\TPV83 1\cc\41draftrcport.Wpd)) 9 -A EXHIBIT F MEASURES TO DAINIMIZE HARM The following measures to minimize harm are proposed to protect the natural resource values associated with the Windy Hill Open Space Preserve: 1. The project design includes root wad revetments in conjunction with typical rock revetments, at the base of the retaining walls. The revetments will be installed near the edge of the low flow channel, and will provide habitat for California red-legged frog and other wildlife. 2. The fill slopes at the base of the retaining walls will be revegetated using native riparian species. Revegetation of the slopes will reestablish native vegetation on the creek banks and ultimately return canopy cover that was lost during the storm damage and the repair. In addition to the fill slopes below the walls,all other graded areas resulting from project implementation will be revegetated as specified in the Revegetation Specifications Guidelines devel- oped for the project. The area to be revegetated will exceed the 805 square meter(0.2 acre)area impacted by the project. The acreage increase is due to fill slopes that will be built below retaining walls in areas that are currently shear drop-offs. As a result,the fill slopes will increase the area available for revegetation in these areas. The revegetation area totals approximately 1,194 square meters(0.3 acre). 3. All work shall be performed during the dry season, usually June through October,depending on the amount of rainfall for the particular year. 4. Prior to construction, a qualified biologist shall survey the repair sites for nesting birds. If nesting is identified,the biologist shall determine the stage of the nesting. If it can be determined that egg-laying has not been initiated,the birds shall be harassed from the site and the nest removed. If no determina- tion can be made, or it is determined that eggs have been laid, the nest tree shall not be removed until the 8 oun have fledged. young 5. Environmentally Sensitive Areas(ESA)will be designated for each repair site. ESA's will be fenced or otherwise marked to prevent encroachment by equip- ment or material. 6. A USFWS approved biologist shall survey the work sites two weeks before the onset of activities. If California red-legged frogs, tadpoles, or eggs are found,the approved biologist shall contact the USFWS to determine if moving any of these life-stages is appropriate. In making this determination, the USFWS shall consider if an appropriate relocation site exists. If the USFWS approves moving animals, the approved biologist shall be allowed sufficient time to move California red-legged frogs from the work site before work activities begin. Only USFWS approved biologists shall participate in activi- ties with the capture,handling, and monitoring of California red-legged frogs. 1719199 t(P:\TP V 831\ceW draftmport wpd)> 7. Contract specifications will include the following BMPs to reduce erosion during construction: Scheduling. A specific work schedule will be implemented to coordi- nate the timing of land disturbing activities and the installation of erosion and sedimentation control practices to reduce on-site erosion and off-site sedimentation. • Preservation of Existing Vegetation. Existing vegetation will be protected in place where feasible to provide an effective form of ero- sion and sediment control,as well as watershed protection, landscape beautification, dust control, pollution control, noise reduction, and shade. • Mulching. Loose bulk materials will be applied to the soil surface as a temporary cover to reduce erosion by protecting bare soil from rainfall impact, increasing infiltration, and reducing runoff. • Soil Stabilizers. Stabilizing materials will be applied to the soil sur- face to prevent the movement of dust from exposed soil surfaces on construction sites as a result of wind, traffic, and grading activities. • Slope RougheningITerracingIRoutiditig. Roughening and terracing will be implemented to create unevenness on bare soil through the construction of furrows running across a slope,creation of stair steps, or by utilization of construction equipment to track the soil surface. Surface roughening or terracing reduces erosion potential by decreas- ing runoff velocities,trapping sediment,and increasing infiltration of water into the soil, aiding in the establishment of vegetative cover from seed. 8. During project activities, all trash that may attract predators shall be properly contained,removed from the work site, and disposed of regularly. Following construction, all trash and construction debris shall be removed from work areas. 9. All fueling and maintenance of vehicles and other equipment and staging areas shall occur at least 20 meters from Corte Madera Creek. All workers shall be informed of the importance of preventing spills and of the appropriate measures to take should a spill occur. 10. A Service approved biologist shall ensure that the spread or introduction of invasive exotic plant species shall be avoided to the maximum extent possible. When practicable, invasive exotic plants in the project areas shall be removed. 12/9/99((P:\TPV83 I\ce\4f draftrepoitwpd)> Regional Open I , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 27, 2000 Mr. Kevin R h ni, Public Works Director o a Portola Valley Public Works Department 765 Portola Road Portola Valley, CA 94028 Subject: Section 4(f) Evaluation— Alpine Road Storm Damage Repair Project Dear Mr. Rohani: In reference to my letter of April 12, 2000, the Board of Directors of the Midpeninsula Regional Open Space District has reviewed the attached Programmatic Section 4(F) Evaluation for the Alpine Road Downslope Repair Project. On May 26, 2000 the Board affirmed concurrence with the assessment of impacts and proposed mitigation for the proposed project, with the following condition: • The District reserves the right to impose additional mitigation measures and Town f Portola Valle for construction of this project within conditions upon the To 0 0 P Y P l District owned property, including, but not limited to the requirement that the Right of Entry Agreement shall be conditional on the Town of Portola Valley subsequently approving a Conservation Easement upon the Town's property identified as Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160 in exchange for a permanent strip slope easement in favor of the Town for road related repairs. Sincerely, L. Craig Britton General Manager i 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . web site:www.openspace.org , Beard of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nanette Hanko,Betsy Crowder,Kenneth G Nitz b General Manager:L.Craig Britton LICENSE AGREEMENT r This License Agreement(herein, "License") is made by and between the Town of Portola Valley (herein, "Town") and the Midpeninsula Regional Open Space District (herein, "District"), a public district established pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. RECITALS . A. WHEREAS, District is the owner of a certain parcel of real property (herein, "Subject Property"), a portion of the Windy Hill Open Space Preserve (herein, "Preserve"), commonly known as Assessor's Parcel Number 076-340-070 and more particularly identified in Exhibit A, attached hereto and incorporated herein by reference; and B. WHEREAS, Town requires immediate access to and rights necessary to construct certain repairs and improvements to flood damaged areas along Alpine Road in San Mateo County (herein, "Project"); and C. WHEREAS, District may validly convey an interest in real property that has been permanently dedicated to open space purposes if in exchange for real property determined to be of equal or greater value and necessary for open space purposes; and D. WHEREAS, District has prepared an Agreement for Exchange of Easements (herein, "Easement Agreement") providing for, inter alia, an exchange of easements between Town and District to provide for permanent easements necessary to the Project, and for the further protection of open space adjacent to Preserve; and E. WHEREAS, District and Town must approve said Easement Agreement at a properly noticed public meeting; and F. WHEREAS, District acknowledges that Town is required to obtain all necessary property rights as a condition for the receipt of a portion of the funding of the Project; and G. Whereas, District and Town mutually desire to avoid any possible delays in the proposed Project construction schedule while the Easement Agreement is finalized and presented for the necessary approvals. NOW THEREFORE in consideration of the foregoing and the mutualpromises, g g covenants, terms and conditions set forth herein,the parties agree as follows: 1. Grant of License. a. District hereby grants to Town, it employees, representative and contractors, a license to enter upon Subject Property to construct Project improvements in accordance with the Project plans and specifications on file in District office. District agrees that it will not hereafter grant any right to any third party that is April21,2000 1 2:32 PM I inconsistent with the rights of Town to use the Subject Property as provided herein. b. This License gives Town a license only and notwithstanding anything to the contrary herein, this License does not constitute a grant by District of any ownership, leasehold, easement or other property interest or estate whatsoever in the Subject Property, or any portion thereof. c. Town further understands and agrees that nothing herein shall limit Town's obligation to obtain authorizations, approvals or permits form all federal, state, municipal or other entities with lawful authority over the Project. 2. Covenant, Conditions and Requirements. a. Execution of Agreement to Exchange Easements. Town and District agree to enter into the Exchange Agreement, in a form substantially similar to that attached hereto and incorporated herein by reference as Exhibit A, on or before July 1, 2000. b. Responsibility to Maintain Subject Property. Town shall bear all costs and expenses of any kind or nature whatsoever arising from its activities permitted hereunder. Town shall be solely responsible for repairing and maintaining all facilities placed in or on the Subject Property pursuant hereto, in a good, clean, secure, orderly and safe condition, and District shall have no obligation or duty whatsoever for any repair or maintenance of the Subject Property. i c. Exercise of Due Care. Town shall use, and cause its employees, agents, representatives and contractors, to use, due care at all times to avoid or minimize any damage or harm to District property and to the native vegetation and natural attributes of the Subject Property. In the event of an emergency or potential threat to public health, safety or welfare, as reasonably determined by District. District shall have the right to further condition, restrict or oversee any permitted work on the Subject Property. Under no circumstances shall Town damage, harm or take any rare, threatened or endangered species on or about the Subject Property. d. Restoration of Subject Property. With respect to any portion of the Subject Property for which Town does not obtain a permanent easement, Town shall remove all improvements, debris, and excess soil and shall restore Subject Property to a condition as close as reasonably possible to its condition immediately prior to Town's work hereunder, taking into account the presence of the Project and its improvements,to the reasonable satisfaction of District. e. Utilities. District shall have no responsibility or liability of any kind with respect to utilities that may J Property.be on, in or under the Subject Pro ert . Town shall have the sole responsibility to locate such utilities or other facilities and to protect them from damage or replace them. Town shall be solely responsible for arranging and April21,2000 2 2.32 PM paying directly for any utilities or services necessary or convenient for its activities hereunder. f. Reports. Town shall provide District with prior written notice of its intent to drill or conduct any soil boring, install any wells, or perform any other intrusive investigations in on or under Subject h g � Property p y and shall provide District with a reasonable opportunity to review, comment on, and reasonably condition any such investigations. Town shall promptly deliver to District copies of any reports relating to any testing or other inspection of Subject Property performed by Town, its agents, employees or contractors, but shall not deliver any such reports to any other person or entity without District's prior written approval, unless required by law. Town shall first notify District of any request for disclosure or other potential for disclosure in order to allow District an opportunity to defend against any attempt to compel or make such disclosure. 3. Term of License. This License shall commence upon execution hereof by District and shall terminate upon conveyance of an easement interest pursuant to the Easement Agreement, in which event this License shall terminate as of the effective date of the Easement Agreement. 4. Compliance with Laws. Town shall conduct all operations which are the subject of this License in compliance with all existing and hereafter enacted applicable federal, state and municipal laws, statutes or ordinances, and with all regulations, orders, directives of appropriate governmental agencies. Town shall also comply with all applicable conditions and requirements set forth in any and all approvals of the Project. S. Permits. Prior to commencing any work on Subject Property, Town shall obtain any and all governmental permits and approvals which are necessary for it to conduct any work or activities under this License. District shall coordinate and cooperate with Town to obtain all necessary permits and approvals, provided however, District shall not be required to incur any costs in connection therewith. Town recognizes and agrees that no approval by District for purposes of Town's activities hereunder shall be deemed to constitute the approval of any federal, state or local regulatory authority with jurisdiction over the Project, and nothing herein shall limit Town's obligation to obtain all such regulatory approvals at Town's sole cost. 6. Liens and Claims. Town shall not permit to stand any mechanics', materialmen's or other similar liens or claims against the Subject Property or any interest therein for labor or material furnished in connection with any work performed by Town, its agents, representatives or contractors under this License. Upon reasonable and timely April21,2000 3 2:32 PM notice of an such lien or claim delivered to Town Town shall immediately Y � y notify District of same. Town may bond and contest the validity and the amount of any such lien in accordance with applicable law, but Town shall immediately pay any judgement rendered, including penalties, as well as any reasonable costs and expenses incurred by District as a result of challenge, and shall pay all proper costs and charges and shall have the lien or claim released at its sole expense. Town shall obtain appropriate payment and performance bonds in connection with any and all third party contractors performing any construction work on the Premises. Town shall also post notices of nonresponsibility on behalf of District in all areas where work on the Subject Property is performed by Town or its agents. 7. Indemnity and Release of Liability. Town shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property,except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of District's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which,by the terms of this License, are the responsibility of District. If liability arises due to the concurrent negligence of Town and District, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 8. Insurance. Throughout the term of this License, Town, at its sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of Town's activities pursuant to this License. Limits shall not be less than $5,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Each such policy shall name District as an additional insured and a certificate to that effect shall be delivered to District prior to any the commencement of any activities hereunder. Throughout the term of this License, Town at its sole cost and expense, shall maintain in full force and effect a policy p p Y of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be canceled or materially changed without thirty (30) days advance written notice to District. 9. Miscellaneous Provisions. a. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this License, the construction of its terms and the interpretation of the rights and duties of the parties. b. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. April21,2000 4 2:32 PU c. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights,powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this License. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. d. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this License (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: Town: Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 Attn: Public Works Director TEL: (650) 851-1700, ext. 14 FAX: (650) 851-4677 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above)to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third(3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this License shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirements provided in this Section. April21,2000 5 2:32 PM e. Severability. If any of the provisions of this License are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties,the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this License. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible,the economic, business and other purposes of the void or unenforceable provisions. £ Counterparts. This License may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. In the event of any disparity between the counterparts produced,the recorded counterpart shall be controlling. g. Waiver. No waiver of any term,provision or condition of this License, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this License. h. Entire Agreement. This License is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. i. Time of the Essence. Time is of the essence of each provision of this License in which time is an element. j. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. k. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this License. 1. Captions. Captions are provided herein for convenience only and they form no part of this License and are not to serve as a basis for interpretation or construction of this License, nor as evidence of the intention of the parties hereto. M. Pronouns and Gender. In this License, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. I i April21,2000 2:32 PM i n. Authority. Town and District both represent and warrant that each has the full right, power and authority to enter into this License and to perform the transactions contemplated hereunder. IN WITNESS WHEREOF, the parties have executed this agreement below on the day and year shown therewith. DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Ken Nitz President, Board of Directors Attest: By: Date: Deirdre Dolan District Clerk TOWN OF PORTOLA VALLEY ("Town"): Recommended for Acceptance: By: Date: Real Property Acquisition Agent Approved and Accepted: By: Date: Mayor, Town of Portola Valley April 21,2000 7 2:32 PM 1 Recording q Y Requested B and When Recorded Return to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Attn: General Manager No Documentary Transfer Tax Due: Exempt From Recording Fees: Revenue & Taxation Code §11922 Government Code §§6103, 27383 AGREEMENT FOR EXCHANGE OF EASEMENTS This AGREEMENT FOR EXCHANGE OF EASEMENTS (hereinafter, "Agreement") is made by and between the Midpeninsula Regional Open Space District, a California special district (hereinafter"District") and the Town of Portola Valley, a California general law municipality (hereinafter"Town"). RECITALS A. WHEREAS, District owns certain real property(herein, "District Land") located in the Town of Portola Valley, County of San Mateo, being Assessor's Parcel Number 76-340-07 and commonly known as the Windy Hill Open Space Preserve (herein, "Windy Hill"); and B. WHEREAS, Town has undertaken a project (herein, "Project") to construct and maintain certain improvements on Alpine Road, a public road in Town; and C. WHEREAS, Town desires to obtain from District four(4) non-exclusive, permanent road easements in order to enable ordinary travel on Alpine Road and a non-exclusive,permanent slope easement to maintain drainage off Alpine Road and for the installation and maintenance of gabion retaining walls, drainage facilities and other slope improvements (herein, collectively "District Easements"); and D. WHEREAS, District has dedicated said District Lands for open space purposes and may convey interests therein only for other interests in real property of equal or greater value for such open space purposes; and E. WHEREAS, Town owns certain real property (herein, "Town Land") lying adjacent to District Lands and being portions of Assessor's Parcel Numbers 080-241-430, 080-250-080, and 080-250-160; and April 21, 2000 2:35 PM Paee 1 F. WHEREAS, said Town lands are characterized by very high riparian and open space values, the permanent protection of which is consistent with District purposes; and G. WHEREAS, District now desires to obtain a non-exclusive Riparian, Conservation and Open Space Easement (herein, "Town Easement") in, on and over such Town Lands; and H. WHEREAS, District has determined that said Town Easement is of equal or greater value to that of District Easements and that the long term preservation of open space at Windy Hill would be greatly enhanced and secured by such exchange of interests. NOW THEREFORE it is mutually agreed and understood as follows: 1.0 Grant Of District Easements. District hereby grants to Town the non-exclusive District Easements, as more particularly shown and described in Appendix A, for and in consideration of the grant of the Town Easement. 2.0 Grant Of Town Easement. Town hereby grants to District the non-exclusive Town Easement, as more particularly shown and described in Appendix B, for and in consideration of the grant of the District Easements. 3.0 Escrow. 3.1. No escrow will be opened for the consummation of the exchange of easements conveyed herein. Each party shall be responsible for the proper recordation of the Agreement and for any fees, costs or title insurance, if any. 3.2. District shall deliver to Town a fully executed and recordable copy of this Agreement granting to Town the District Easements. 3.3. Town shall deliver to District a fully executed and recordable copy of this Agreement granting to District the Town Easement. 3.4. District shall deliver to Town a fully executed and recordable Certificate of Acceptance. 4.0 Conditions Of Agreement- District Easements. 4.1. Town shall be solely responsible for properly maintaining the roadway, culverts, gabion retaining walls, drainage facilities and any slope or other improvements installed by Town upon the District Easements. April 21, 2000 2:35 PM Page 2 4.2. After construction is complete, Town shall hydro-seed the slopes of the embankments from the gabion retaining walls to the roadway. The native hydromulch mix shall consist of California Brome (16 lbs./acre), California Meadow Barley (12 lbs./acre), Blue Wildrye (10 lbs./acre), Arroyo Lupial (4 lbs./acre) and Purple Needlegrass (4 lbs./acre). 4.3. Town agrees to restore and re-vegetate any areas impacted by the Project to a condition comparable to its prior condition, including the like-kind replacement of any damaged or destroyed stem measuring over 4 inches diameter at breast height, and shall maintain and monitor said replacements for a period of three (3) years to ensure they are successfully established. Town shall use caution when working around all existing trees and significant vegetation to ensure the least impacts to the visual and biological resources of the area. Town agrees to tag any trees proposed for removal at least two (2) weeks prior to actual removal. Town and District agree that replacement of dead trees will not be required. 4.4. Town shall insure that all construction plans, techniques, and materials conform to all applicable specifications and standards of San Mateo County, the State of California, including but not limited to, the Department of Fish and Game, the United States of America, including but not limited to, the Department of Transportation, District, and any other government agencies having lawful jurisdiction over the Project. 4.5. Town shall be responsible for obtaining any and all necessary permits and approvals for this Project and for any subsequent maintenance and repair. Town shall perform all work in full compliance with all such permits and approvals and shall supply District with copies of any and all permits and approvals as well as the final sign-off, if such is required, on such permits. 4.6. Town shall confine its activities under the Project to the District Easements and shall not conduct any activities related thereto outside District Easements on District property without prior express written consent of District in the form of a License or Permit to Enter. 4.7. Town may bring onto the District Easements only such persons, vehicles, and equipment as are reasonably necessary for the Project. 4.8. Town shall be responsible for maintaining and supervising all safety measures required by permit or by law, including O.S.H.A. requirements and California Labor Code Section 6705, if applicable. 4.9. Town shall notify District in advance of the time, date and place of project pre- April 21, 2000 2:35 PM Page 3 construction meetings and District shall have the right to attend such meetings in order to provide input on impacts to District Land. 4.10. Town will be responsible for any repair or replacement of any damage on the site resulting from its activities, and will repair such damage in a timely manner. 4.11. Town will keep the surrounding District Lands free from accumulation of surplus materials, rubbish, debris equipment, and waste material due to road maintenance and/or repair. All debris and hazardous materials resulting from the Town's work shall be removed to a legal dump site. 4.12. Town shall notify District upon completion of all work and arrange for a site inspection with District staff before vacating the site. 5.0 Conditions Of Agreement- Town Easement. 5.1. Town shall maintain the Alpine Road right of way, including the installation, repair and maintenance of culverts, gabion retaining walls, drainage and other slope improvements so as not to materially impair or damage the riparian and open space values intended to be protected and preserved by the grant of the Town Easement. 5.2. Subject to District written approval as set forth in Section 6 hereof, Town may remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and safety. 5.3. Subject to District written approval, Town may plant native species of plants. 5.4. Subject to District written approval, Town may build and maintain pedestrian, bicycle and equestrian trails. 5.5. Town shall not erect, construct, place, or maintain or authorize the erection, construction, placement or maintenance of any improvement, building or structure or any other thing whatsoever on the Town Easement, except for Project components, without the express written approval of the District after Design Review. 5.6. Town shall not use or authorize the use of the Town Easement for any purpose except as open space. 5.7. Town shall not use or authorize others to use the area of the Town Easement or any portion thereof, as a parking lot, storage area or dump site or otherwise deposit or authorize to be deposited on the Town Easement, or any portion April 21, 2000 2:35 PM Paee 4 thereof, temporarily or other-wise, anything whatsoever which is not indigenous or natural to said area of the Town Easement. 5.8. Town shall not cover or cause the Town Easement to be covered, in whole or in part,with any asphalt, stone, concrete, or other material that is not a natural cover for such land and shall not otherwise disturb the natural cover for the land. Town shall not excavate, grade, or authorize any excavation or grading to be done, or place or authorize to be placed, any sand, soil, rock, gravel or material whatsoever on Town Easement except as may be required for fire prevention, elimination of diseased growth. 5.9. Town shall not fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life of the Town Easement except with the prior written approval of District and the County of San Mateo and for health and safety purposes or in conjunction with scientific research only. 5.10. Town shall not divide or subdivide the area of the Town Easement or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties, or convey said Town Easement to two or more parties each of whom acquires title to less than the whole of the Town Easement. As used herein "party"means and includes any person, corporation, partnership, or other legal entity capable of holding title to real property. 5.11. Town shall not cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on the Town Easement except as may be required for fire prevention, elimination of diseased growth, or construction and maintenance of the existing roadway. 5.12. Town shall not operate or authorize the operation on the Town Easement of any motor bike, trail bike, go cart, or other motor driven or motor powered vehicles except those motor vehicles reasonably necessary for the use of Town for the accomplishment of the purposes for which the Subject Property is used pursuant to the terms and conditions,restrictions and covenants set forth herein for the Town Easement. 5.13. Town shall not place any advertising signs of any kind or nature on the Town Easement except for identification and directional purposes consistent with the use of the Town Easement as further provided herein. 5.14. Town shall not plant vegetation on the Town Easement except for approved soil management, erosion control, reforestation and landscape screening. All vegetation so planted shall be native California vegetation indigenous to the area. April 21, 2000 2:35 PM Pa2e 5 5.15. Town shall not use or allow the use of firearms or dangerous weapons on the Town Easement except for personal protection and safety. 5.16. Town shall not use or authorize the use of fireworks or pyrotechnics on the Town Easement. 5.17. Town shall not play or perform or allow the playing or performance of loud or disturbing amplified music on the Town Easement. 5.18. Town shall not build, light or maintain, or authorize others to build, light or maintain any open or outdoor fire on the Town Easement. 5.19. Town shall not mine, extract, sever or remove, or permit or cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Town Easement in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any activity on the Town Easement which would or may destroy the natural and scenic characteristics of the Town Easement. 6.0 Design Review By District. 6.1. Except for Project related construction, District shall have the right of Design Review and Approval as herein defined with respect to any and all uses and improvements proposed for the Town Easement. Design Review is intended to provide a process for review and approval by the District of use and development in environmentally and ecologically sensitive areas in order to assure that the proposed use and development will be harmonious with other uses in the general vicinity and will be compatible with environmental and ecological objectives. 6.2. With regard to any proposed uses or construction of any improvements on the Town Easement, an application for design review shall be made to the District. The application shall include the following: 6.2.1. A site plan showing the location of all proposed improvements or uses and indicating the proposed uses or activities on the areas. 6.2.2. Drawings or sketches showing the elevations of all proposed improvements, sufficiently dimensioned to indicate the general scale, height, and bulk of such improvements. 6.3. Within 30 days from the filing of the application with District, District shall review the site plan and drawings, and shall make its recommendations based upon the following objectives with respect to siting of culverts, walls, fences, gates, signs and other improvements, removal of natural vegetation, grading, wall, April 21, 2000 2:35 PM Pate 6 i culvert and fencing types, and erosion protection: 6.3.1. To ensure use, construction and operation in a manner that will be orderly, harmonious, and compatible with existing or potential uses of adjoining or nearby sites. 6.3.2. To ensure that sound principles of environmental design and ecological balance shall be observed. 6.4. All such improvements shall be constructed or installed in accordance with the plans as approved by the District. 7.0 Indemnity And Release Of Liability. Town shall fully release, indemnify, hold harmless and defend District, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property, except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of District's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this Easement, are the responsibility of District. District shall fully release, indemnify, hold harmless and defend Town, its directors, officers, employees, contractors, and agents, from and against all liability, claims, suits, sanctions, damages, injuries, costs, losses and expenses, including reasonable attorney's fees and court costs, for injuries to or death of any person and damage to or loss of any property, except to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Town's directors, officers, employees, contractors, or agents, or otherwise arises out of matters which, by the terms of this Easement, are the responsibility of Town. If liability arises due to the concurrent negligence of Town and District, each party shall contribute costs of any such suits, defense, damages, costs and liability in proportion to its fault as determined under the principles of comparative negligence. 8.0 Insurance. Town and District, at each's sole cost and expense, shall maintain in full force and effect comprehensive general liability insurance covering bodily and personal injury and property damage arising out of their respective activities in or on their respective Easement granted hereunder. Limits shall not be less than $5,000,000.00 per occurrence for bodily injury and $500,000.00 per occurrence for property damage. Such insurance policies shall not be canceled or materially changed without thirty (30) days advance written notice to District. April 21, 2000 2:35 PM Page 7 I 9.0 Miscellaneous Provisions. 9.1. Inspection. Town grants to District a right, but does not create an obligation, to enter upon the Town Easement for the purpose of removing any building, structure, improvement or other thing whatsoever constructed, erected, placed, stored, deposited or maintained on the Town Easement contrary to the stated purposes, terms, conditions, restrictions or covenants of Town Easement to prevent or prohibit any activity which will or reasonable might destroy the natural and scenic characteristics of the Town Easement, subject however to thirty (30) days written notice to Town by District before commencement of any action on the part of District under this Section. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 9.2. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 9.3. Amendment. The parties hereto may by mutual written agreement amend this Agreement in any respect. 9.4. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 9.5. Notice. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium and addressed as indicated as follows: Town: Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 April 21, 2000 2:35 PM Page 8 Attn: Public Works Director TEL: (650) 851-1700, ext. 14 FAX: (650) 851-4677 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd)business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirements provided in this Section. 9.6. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 9.7. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 9.8. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this April 21, 2000 2:35 PM Pane 9 Agreement. 9.9. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. I 9.10. Time of the Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9.11. Survival of Covenants. All covenants of District or Town which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 9.12. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 9.13. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 9.14. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 9.15. Pronouns and Gender. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 9.16. Authority. Town and District both represent and warrant that each has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. IN WITNESS WHEREOF, the parties have executed this agreement below on the day and year shown therewith. April 21, 2000 2:35 PM Paae 10 TOWN OF PORTOLA VALLEY("Town"): Recommended for Acceptance: By: Real Property Acquisition Agent By: Mayor Attest: By: Town Clerk April 21, 2000 2:35 PM Pate 11 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("District"): Approved as to Form: By: Date: Susan M. Schectman General Counsel Recommended for Approval: By: Date: L. Craig Britton General Manager Approved and Accepted: By: Date: Ken Nitz President, Board of Directors Attest: By: Date: Deirdre Dolan District Clerk April 21, 2000 2:35 PM Page 12 i Regional �� -ice J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-51 Meeting 00-09 April 26, 2000 AGENDA ITEM 6 AGENDA ITEM Authorization to Solicit Bids for Four(4) Truck Bodies GENERAL MANAGER'S RECOMMENDATION Authorize staff to advertise for bids to purchase four(4) truck bodies. DISCUSSION At your March 22, 2000 meeting, you approved the purchase of four patrol vehicles (see R-00-35). Patrol trucks are purchased as a cab & chassis, without truck bodies. The District outfits the trucks with after-market utility bodies. Utility bodies have multiple storage compartments for fire fighting equipment, maintenance tools, maps and brochures, and first aid supplies. Utility bodies have worked well for patrol trucks, and equally well when patrol trucks are converted to maintenance vehicles. The estimated total cost for the four utility bodies is $17,000, which was included in the supplemental equipment section of the fiscal year 2000-2001 budget (see R-00-43). Prepared by: David Topley, Support Services Supervisor 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,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton Regional Open !1. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-55 Meeting 00-09 April 26, 2000 AGENDA ITEM 7 AGENDA ITEM f Authorization for Board President Nitz to attend the S ecial Parks Districts Forum 2000 in Maryland GENERAL MANAGER'S RECOMMENDATION Authorize Board President Nitz to attend the Special Parks Districts Forum 2000 in Montgomery and Prince George's Counties, Maryland at a total cost not to exceed $1,500. DISCUSSION At your March 22, 2000 meeting, you approved the budget guidelines for Board conference attendance, which included the cost of the President, or other Board designee, to attend the annual Special Parks Districts Forum. The Special Parks Districts Forum is a conference held for special district professionals and elected officials. The Forum 2000 will be held from June 8-10, 2000, in Montgomery and Prince George's Counties, Maryland. The Forum will include discussion sessions on a variety of subjects of interest to the District, including public/private partnerships, resource interpretation and management, and special project development. In addition to the per-person registration fee of$325, the District will also pay the travel and lodging costs associated with this conference. The total cost is not expected to exceed $1,500. 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:i-nrosd@openspace.org openspace.org Web site:www.openspace.org � Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - Genera!Manager:L Craig Britton Claims No. 00-08 Meeting 00-09 Date: April 26, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1738 758.26 Acme&Sons Sanitation Sanitation Services 1739 14,936.22 Aerial Information Systems Vegetation Maps-Sierra Azul 1740 36.34 AirTouch Paging Pagers 1741 705.94 Arbill Field Safety Supplies 1742 37.80 AT&T Telephone Service 1743 678.39 Gordon Baillie Reimbursement--Public Information Officer Training and Accommodations 1744 158.76 Craig Beckman Reimbursement--Uniform Expense 1745 1,521.22 Big Creek Field Supplies-Lumber 1746 742.50 Dana Bland&Associates, Consulting Biologists Sierra Azul Resource Inventory 1747 1,213.68 Biotic Resources Group Sierra Azul Resource Management 1748 500.00 B.P.O.E 1471 -Elks Lodge Meeting Facility Rental 1749 203.48 Browning-Ferris Industries Garbage Service 1750 65.79 John Cahill Reimbursement--Field Supplies 1751 102.01 California Water Service Company Water Service 1752 25.00 Camino Medical Group Medical Services 1753 143.65 Cole Supply Company Janitorial Supplies 1754 924.75 Compurun Systems Computer Consultant 1755 22.73 Contemporary Engraving Name Badge Engraving 1756 75.00 Custom Alignment Vehicle Alignment 1757 58.26 Dennis Danielson Reimbursement--Film 1758 73.13 Dennis Dart Vehicle Expense 1759 65.00 Decatur Electronics, Inc. Radar Recertification 1760 1,461.95 Design Concepts Graphic Designs and Layouts 1761 1,783.91 Enforcement Technologies, Inc. Parking Citation Processing-Nov. to March 1762 50.00 Environmental Volunteers MEAA Membership 1763 225.35 Film To Frame Photo Processing and Film 1764 55.21 G&K Services Shop Towel Service 1765 1,404.18 Gardenland Power Equipment Field Supplies and Tools 1766 51.80 G. P. Sports ATV Replacement Parts 1767 1,440.00 GreenWaste Recovery, Inc. Dumpster Service 1768 774.09 Home Depot Field Supplies 1769 530.80 Johnson&Associates Classification&Compensation Study 1770 292.10 Kinkos Printing Services 1771 352.71 Langley Hill Quarry Road and Trail Materials 1772 850.00 Liebert Cassidy Public Sector Conf.-J. Escobar/D. Dolan 1773 244.75 Lucent Technologies Phone Maintenance Agreement 1774 141.44 MCI Worldcom Telephone Service 1775 40.00 MetroMobileCommunications Radio Repair 1776 625.00 Micro Accounting Solutions Computer Consulting Services 1777 403.80 Minton's Lumber&Supply Field Supplies 1778 402.06 Office Depot Office Supplies 1779 121.18 Office Helper Office Supplies 1780 1,115.98 Orchard Supply Hardware Field Supplies and Tools 1781 1,374.19 Pacific Bell Telephone Service 1782 820.31 PIP Printing Printing Services 1783 788.64 Pitney Bowes Credit Corporation Postage Machine Maintenance&Service 1784 3,957.00 Platypus Studio Replacement Animals Nature Center Page 1 Claims No. 00-08 Meeting 00-09 Date: April 26, 2000 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1785 385.80 Eric Remington Wildlife Assessment 1786 2.79 Roberts Hardware Field Supplies 1787 2,362.35 Roy's Repair service Vehicle Maintenance&Repair 1788 301.00 David Sanguinetti Uniform Expense 1789 1,101.12 San Francisco Newspaper Agency Recruitment Advertisement 1790 1,674.04 San Jose Mercury News Recruitment Advertisement 1791 754.00 Santa Clara Co. Dept. of Environmental Health Hazardous Waste Permit 1792 193.58 Skyline County Water District Water Service 1793 79.04 Staples Office Supplies 1794 2,340.31 Stevens Creek Quarry, Inc. Road and Trail Materials 1795 233.00 Summit Uniforms Uniforms 1796 627.80 Town Square Furniture Office Furniture 1797 548.78 Target Specialty Products Weed Abatement Supplies 1798 65.00 Terminix. Pest Control Service-D.C. Building 1799 8,665.01 Therma Corp. HVAC Repairs and Replacement Coil 1800 541.25 United Rentals Backhoe Rental-Restroom Project 1801 7.08 *1 UPS Parcel Mailing Services 1802 225.00 Verio Internet Service Provider 1803 103.00 Verio/Best Internet Internet Service Provider 1804 5,582.10 VISA 252.00 HVAC Repairs-SRO Office 1156.12 Equipment Repairs 349.41 CARPOSA Conf. Expense 686.35 League of CA Cities Conference 495.45 PRAC Conf.-Downing,Menk,Miller 303.73 CPRS Conf. - C. Britton 1349.94 Field Supplies 662.44 Enterprise Rental Supplies 59.78 Business Meeting Expense 105.20 Earth Day Supplies 161.68 Resource Documents 1805 2,080.80 Rich Voss Trucking, Inc. Baserock Trucking Services 1806 74.57 WolfCamera Photo Processing Services 1807 300.00 Roberta Wolfe Recording Services 1808 82.00 Whitmore, Johnson&Bolanos Legal Services 1809R 46.15 Randy Anderson Vehicle Expense 1810R 145.00 *2 Institute of Computer Technology Computer Training-T. Randall 181IR 225.00 Verio, Inc. Internet Service Provider 1812R 269.64 Petty Cash Business Meeting Expense, Film and Photo Processing Services, Field and Nature Center Supplies. *1 Urgent Check Issued April 12, 2000 *2 Urgent Check Issued April 25, 2000 Total 71,369.57 Page 2 Claims No. 00-08 Meeting 00-09 Date: April 26, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1738 758.26 Acme&Sons Sanitation Sanitation Services 1739 14,936.22 Aerial Information Systems Vegetation Maps-Sierra Azul 1740 36.34 AirTouch Paging Pagers 1741 705.94 Arbill Field Safety Supplies 1742 37.80 AT&T Telephone Service 1743 678.39 Gordon Baillie Reimbursement--Public Information Officer Training and Accommodations 1744 158.76 Craig Beckman Reimbursement--Uniform Expense 1745 1,521.22 Big Creek Field Supplies-Lumber 1746 742.50 Dana Bland&Associates, Consulting Biologists Sierra Azul Resource Inventory 1747 1,213.68 Biotic Resources Group Sierra Azul Resource Management 1748 500.00 B.P.O.E 1471 -Elks Lodge Meeting Facility Rental 1749 203.48 Browning-Ferris Industries Garbage Service 1750 65.79 John Cahill Reimbursement--Field Supplies 1751 102.01 California Water Service Company Water Service 1752 25.00 Camino Medical Group Medical Services 1753 143.65 Cole Supply Company Janitorial Supplies 1754 924.75 Compurun Systems Computer Consultant 1755 22.73 Contemporary Engraving Name Badge Engraving 1756 75.00 Custom Alignment Vehicle Alignment 1757 58.26 Dennis Danielson Reimbursement--Film 1758 73.13 Dennis Dart Vehicle Expense 1759 65.00 Decatur Electronics, Inc. Radar Recertification 1760 1,461.95 Design Concepts Graphic Designs and Layouts 1761 1,783.91 Enforcement Technologies, Inc. Parking Citation Processing-Nov. to March 1762 50.00 Environmental Volunteers MEAA Membership 1763 225.35 Film To Frame Photo Processing and Film 1764 55.21 G &K Services Shop Towel Service 1765 1,404.18 Gardenland Power Equipment Field Supplies and Tools 1766 51.80 G. P. Sports ATV Replacement Parts 1767 1,440.00 GreenWaste Recovery, Inc. Dumpster Service 1768 774.09 Home Depot Field Supplies 1769 530.80 Johnson&Associates Classification&Compensation Study 1770 292.10 Kinkos Printing Services 1771 352.71 Langley Hill Quarry Road and Trail Materials 1772 850.00 Liebert Cassidy Public Sector Conf.-J. Escobar/D. Dolan 1773 244.75 Lucent Technologies Phone Maintenance Agreement 1774 141.44 MCI Worldcom Telephone Service 1775 40.00 MetroMobileCommunications Radio Repair 1776 625.00 Micro Accounting Solutions Computer Consulting Services 1777 403.80 Minton's Lumber& Supply Field Supplies 1778 402.06 Office Depot Office Supplies 1779 121.18 Office Helper Office Supplies 1780 1,115.98 Orchard Supply Hardware Field Supplies and Tools 1781 1,374.19 Pacific Bell Telephone Service 1782 820.31 PIP Printing Printing Services 1783 788.64 Pitney Bowes Credit Corporation Postage Machine Maintenance&Service 1784 3,957.00 Platypus Studio Replacement Animals-Nature Center Page 1 Claims No. 00-08 Meeting 00-09 Date: April 26, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1785 385.80 Eric Remington Wildlife Assessment 1786 2.79 Roberts Hardware Field Supplies 1787 2,362.35 Roy's Repair service Vehicle Maintenance&Repair 1788 301.00 David Sanguinetti Uniform Expense 1789 1,101.12 San Francisco Newspaper Agency Recruitment Advertisement 1790 1,674.04 San Jose Mercury News Recruitment Advertisement 1791 754.00 Santa Clara Co. Dept. of Environmental Health Hazardous Waste Permit 1792 193.58 Skyline County Water District Water Service 1793 79.04 Staples Office Supplies 1794 2,340.31 Stevens Creek Quarry, Inc. Road and Trail Materials 1795 233.00 Summit Uniforms Uniforms 1796 627.80 Town Square Furniture Office Furniture 1797 548.78 Target Specialty Products Weed Abatement Supplies 1798 65.00 Terminix. Pest Control Service-D.C. Building 1799 8,665.01 Therma Corp. HVAC Repairs and Replacement Coil 1800 541.25 United Rentals Backhoe Rental-Restroom Project 1801 7.08 *1 UPS Parcel Mailing Services 1802 225.00 Verio Internet Service Provider 1803 103.00 Verio/Best Internet Internet Service Provider 1804 5,582.10 VISA 252.00 HVAC Repairs-SRO Office 1156.12 Equipment Repairs 349.41 CARPOSA Conf. Expense 686.35 League of CA Cities Conference 495.45 PRAC Conf.-Downing,Menk,Miller 303.73 CPRS Conf. -C. Britton 1349.94 Field Supplies 662.44 Enterprise Rental Supplies 59.78 Business Meeting Expense 105.20 Earth Day Supplies 161.68 Resource Documents 1805 2,080.80 Rich Voss Trucking, Inc. Baserock Trucking Services 1806 74.57 WolfCamera Photo Processing Services 1807 300.00 Roberta Wolfe Recording Services 1808 82.00 Whitmore, Johnson&Bolanos Legal Services *1 Urgent Check Issued April 12, 2000 Total 70,683.78 Page 2 I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C.Britton,General Manag Date: April 26,2000 Re: FYIs 330 Distal Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org INTEROFFICE MEMORANDUM April 18, 2000 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 2000 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary 2 Closed area 3 6 Marijuana cultivation I Speed 2 4 Helmet 0 2 ACCIDENTS/INCIDENTS Night-riding 0 0 Bicycle accident 1 Unsafe operation 0 0 Landing zone Dogs Medical aid Prohibited area 1 2 Search & Rescue Off-leash 3 5 Off-road vehicles 0 1 Closed area 0 0 ENFORCEMENT After hours 0 1 Citations 20 Fishing 0 0 Written warnings 29 Vandalism 0 4 Arrests 0 Parking 7 13 Police assistance 0 Parking after hours 4 17 Dumping/littering 0 0 Campfires 0 0 MUTUAL AID Camping 0 0 Accident 4 Weapons Law Enforcement 3 Actual contact 0 0 Landing zone I Report only 0 1 Evidence of 0 0 Unauthorized trail construction 0 1 SUMMARIES OF SIGNIFICANT INCIDENTS Mar 1 An 81-year-old participant in a San Mateo Sierra Club Group hike at Purisima Creek OSP experienced disorientation and weakness indicating a possible stroke. District staff, CDF and SMSO responded. The road was very muddy and a District patrol truck with tire chains was used to pull a Kings Mountain Fire Rescue truck 1-1/2 miles back up to Skyline Blvd. The patient took a private vehicle to seek medical attention on his own. B. Dolan, S. Hooper, W. Phillips, L. Paterson. Mar 3 A neighbor reported hearing gunshots at Bear Creek Redwoods OSP. Two rangers and a Santa Clara deputy checked the area and determined that the shooting was on private property. C. Sparks-Hart, J. Smith. Mar 5 Stolen mail was discovered by District rangers while on patrol on Skyline Blvd. Some & 19 of the mail was discarded on the roadside, adjacent to District preserves. It was retrieved and turned over to U.S. Postal Inspectors. M. Ken, B. Malone Mar 9 A window was smashed to gain entry to a car in the Russian Ridge OSP parking lot. A purse containing credit cards and other personal belongings was taken. M. Ken. Mar 17 Evidence of a possible auto burglary was discovered at Monte Bello OSP. Broken window class was discovered in the parking lot. L. Paterson. Mar 23 K. Carlson discovered an illegal trail connecting private property to Kennedy Trail in Sierra Azul OSP. Mar 27 A neighbor reported an abandoned vehicle blocking the road between Mt. Umunhum and Loma Prieta. K. Miller and a Santa Clara County Sheriff's Deputy had it towed, Vandalism: Mar 4 Recent welded additions (designed to block motorcycle access) to the top gate at Loma Prieta Ranch were ripped off. Two "Area Closed" signs were missing. Mar 10 Bottom and middle fence cut at closed Moody Trail in Sierra Azul. "Not a trail" sign pulled out of the ground. Mar 14 A chain was cut at the top gate in Loma Prieta Ranch allowing 4WD and motorcycle access. Mar 21 A gate chain was cut at Rancho de Guadalupe. Memorandum April 18, 2000 To: Craig Britton, General Manager From: Anne Koletzke, Planning Administrative Assistant and Acting PADS Contact Person Subject: Update of PADS Activity Attachments: April 12, 2000 E-Mail Report from Dan Bernstein Attached you will please find a report from Dan Bernstein concerning the latest PADS (Peninsula Access for Dogs) Information Station at Windy Hill Open Space Preserve on Saturday, April 8, 2000. As you know, PADS' objective is to help inform the public about the District's Regulations concerning dogs as well as to communicate the importance of compliance with those Regulations. If you have any questions concerning this matter, please don't hesitate to let me know. i > ----- Original Message ----- > From: Dan Bernstein <dbernsteinCa7argotech.com> > To: Paul McKowan (E-mail) <volunteer(-o_penspace.org> > Sent: Friday, April 14, 2000 9:44 AM > Subject: FW: PADS info station report > > Paul, > > Here's the report I originally sent off to Mary. Thanks for forwarding it > to the board. > > - Dan > > > -----Original Message----- > > > From: Dan Bernstein > > > Sent: Wednesday, April 12, 2000 3:19 PM > > > To: MROSD-Mary (E-mail) > > > Cc: Anne. Macaulay (E-mail); Denise Williams > > > (Denise Craik WilliamsaEmail.Msn.Coml (E-mail); ;ioemarshallCa-)csi.com' > > > Subject: PADS info station report > > > Mary, > > > > > > PADS conducted an info station at Windy Hill this past Saturday (April > > > 8th) from 10 AM to 1 PM. This was done by four PADS members and we set > up our table next to Sausal Pond. During that time, we encountered > > > approximately 21 hikers with dogs, either passing our location or on the > > > trail during our breaks. These numbers may be a bit imprecise - several > of us took individual hiking breaks and the hikers with dogs we saw on the > > > trail may have also been counted when they passed our table. All but one > > > of those dogs were on leash. Please call me if you have any questions > > > Mary. > > > Sincerely, > > > Dan Bernstein Regional Open ice .................I.,...................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 26, 2000 Carly Loveman Event Sponsorship Coordinator Clif Bar Inc. 1610 5 th Street Berkeley, CA 94710 Dear Ms. Loveman: On behalf of the Midpeninsula Regional Open Space District, I would like to thank you for your generous donation of 16 boxes of Clif Bars. The Midpeninsula Regional Open Space District is a government agency that was formed in 1972 to acquire and preserve a regional greenbelt of open space land, protect and restore the natural environment, and provide opportunities for public enjoyment and education. The District has preserved over 45,000 acres of public land contained in 24 open space preserves. To manage effectively the 225 miles of self-guided nature, wheelchair accessible, hiking, and multi-use trails, the District relies strongly on the help of volunteers. Your wonderful donation of Clif Bars will enable us to provide a healthy snack at some of our spring and early summer volunteer projects. Your commitment to open space preservation and the District's volunteer program is very much appreciated. Donations such as yours demonstrate the cooperative effort that is necessary if we are to accomplish our goal of preserving open space. Sin r y, L. Craig Britton General Manager LCB/pm 330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens, Mary C. Davey,led Cyr, Deane Little, Nanette Hanko, Betsy Crowder,Kenneth C.Nitz - General 1'oxiager:1-Craig Britton Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: C.Britton,General Mang ' ._' Date: April 21,2000 Re: FYIs 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 i O� 750 Curtner Avenue `I 1051 Bing Street San Jose,CA 95125-2118 San Carlos,CA 94070-5320 (408)26&8866 Q (650)61"800 I Fax(408)266-9042 �� $� Fax(650)610-0808 OF SANTA CIARA AND SAN WITO COUNTIES March 14, 2000 p ECFPWE Jenny Preciado Mid Peninsula Open Space District ' APR 1 4 2000 330 Distel Circle Los Altos, CA 94022 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dear Friends: On behalf of the Board of Directors and Staff of Second Harvest Food Bank, we would like to thank you for helping to make the 1999 Holiday Food Drive the largest in the nation! Working together, we raised an all time record 1.9 million pounds of food and 3.5 million dollars. This unprecedented generosity will allow us to provide an even greater quantity and variety of food than ever before. I would like to personally thank you and everyone at Mid Peninsula Open Space District for working with us to assist thousands of hungry people in our community. Your donation of 151 pounds of food and $130 insured that our neighbors who struggle to make ends meet had a bountiful and joyous holiday season. Enough food and money was collected that we will be able to provide basic food assistance to 116,000 people each month plus expand services to hungry children, special needs populations and other diverse groups we serve. Many people made this success possible in so many different ways. Please extend our thanks to everyone who helped. Again, all of us at Second Harvest Food Bank k appreciate your tremendous support and look forward to working with you in the future. li i Sincerely, Jennifer Luciano Director of Communications JL:mc Note: Your donation is deductible to the extent allowed by law. Per IRS regulations, we hereby state that no goods or services were received in exchang e ge for this gift. Federal Tax ID Number: 94-2614101. Page 1 of 2 Jodi Isaacs From: MROSD <mrosd@openspace.org> To: Jodi <jisaacs@openspace.org> Sent: Sunday, April 09, 2000 2:09 AM Subject: Fw: Pigs FYI. Should we respond to this? K. Kristi Webb Public Affairs Assistant Midpeninsula Regional Open Space District (650) 691-1200 www,openspace.org ----- Original Message ----- From: Pat and Al Lisin <palisin@home.com> To: <mrosd@openspace.org> Sent: Sunday, April 09, 2000 11:27 AM Subject: Pigs > Al and Pat Lisin > 7540 Tiptoe Lane > Cupertino, CA 95014-5837 > April 9, 2000 > > I > Midpeninsula Regional Open Space District > > Dear Sir/Madam: > I > We are apalled by the amount of damage being done to public lands in and > around the San Francisco Bay Area by pigs. We have seen the damage in > Pinnacles, Grant County Park, Big Basin, Castle Rock, San Mateo County > Memorial Park. The pig population and their sphere of influence seem to > be increasing rapidly. Every time we go for a hike, we see more and > more damage. It is easy to understand why they are spreading so > rapidly; they can start to reproduce at 6 months and have a litter of up > to 10 young every 6 months. > The pigs move in large groups and disturb large areas. They do damage > by rooting. They uproot plants. They don't care if they kill a plant > which is common and plentiful or on the endangered species list! They > disturb the shallow roots of trees, destroying seedlings. They also eat > any small animal, such as lizards, salamanders, and frogs, that they > encounter while rooting. > If a human were caught doing a small fraction of the damage a pig does > in one night, he would face a sizeable fine. The pigs get away with it > scot-free. > It is time that agencies responsible for preservation and for parks and 4/13/00 Page 2 of 2 > recreation areas develop a coordinated plan for eliminating the pigs or > at least reducing their numbers sufficiently to limit the damage they > do. The Department of Fish and Game needs to realize that the pigs are > not native to these areas and therefore should not be protected in the > same way as are native animals such as deer. And, it should be illegal > to introduce more pigs into the area. > We spoke with Rangers at Point Reyes National Seashore recently and they > say that they and the Marin Water District had pig problems in the > past. They got the pig problem under control about five years ago. How > did the do it? Let s find out. Why can't we do the same in our local YY > parks? > Knowing how slowly public agencies work, particularly when they have to > coordinate with one another, it will probably be quite a while before > there will be a coordinated plan. In the mean time, the pig population > and their range will keep expanding. Rangers must be allowed to > destroy pigs on sight without any encumbering requirements -NOW! > Sincerely, Al and Pat Lisin > > > I 4/13/00 | Page lofl � ! Jodi Isaacs From: Jodi Isaacs ~giaaaco@xzoen space. rQ> /o: < Sent: Th -. Apr| 13. 20OO10�2AM � pigs � � � April 12. 2000 Dear Al and Pat Lisin: � � � Thank you for your April 9th, 2000 email related to wild pigs in and around � � the Gan Francisco Bay Area. The staff and Board Midpeninsula Regional (}pen � � Space District shares your concern about the increase cf pig activity on open space lands and in currently considering potential control methods. � Within the pastfou ea the District has recorded a remarkable increase in pig activity, especially sd our Long Ridge Open Space Preserve where pigs are moving in from the south and west. Aa your letter states, wild pigs pose many concerns for the District, such as their threat bo preserveroads and trails, increased sedimentation inthe watershed, and their wide ranging distribution and prolific reproductive rate; all ofwhich make control efforts difficult, Effective reduction of wild pig numbers will take a regional effort incorporating State Parks, California Fish and Game, County Parka, water districts, private land owners and the District. VVithoutregional 000rdinadon. wild pig activity will only be diverted ho neighboring lands and their numbers only slightly controlled. On February 15 2000 the Use and Management Committee (a subset of the Board of Directors) met to discuss the time and costs associated with initiating a pig control program on District lands. Their recommendation to the full Board was to allocate$20.000 for an initial pig control program, work with adjacent agencies mndhomaowneroonanagiono| a hbopigcontno|. nnd tn research alternative control methods such as contraceptive and sterilization programs. Currently the District is working with the California Department ofFish and Game on a Memorandum of Understanding fora pig control program. {)nms approved, o proposal for such a program will be presented ho the full Board of Directors at a public meeting for their authorization. If you would like to be on our mailing list for this meeting and others regarding wild pigs please send ue your land address. Thank you for your concern about public lands in the Bay Area. |f you have any further questions regarding natural resources on District lands, please contact me directly aji org. orby phone ot(O5O)OR1-12O0. Sincerely, JodiL |seooa Resource ManogementSpecialist K8idpeninau|a Regional OpenSpaoe0st/ict voice-85O-8Q1-12OO � email- isaans@opensppce.org � � � � � 4/l]/00