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HomeMy Public PortalAbout20010822 - Agendas Packet - Board of Directors (BOD) - 01-19 Regional Open c ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-19 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday,August 22,2001 330 Distel Circle Los Altos, California AGENDA* 7:30* RoLL CALL ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—P. Siemens *** APPROVAL OF MINUTES • July 25,2001 *** WRITTEN COMMUNICATION BOARD BUSINESS 7:45* 1 Application for Per Capita and Roberti-Z'Berg Harris Block Grant Programs Under the Safe Neighborhood Parks,Clean Water, Clean Air,and Coastal Protection Bond Act of 2000(Proposition 12); Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Per Capita Grant Program Under the Safe Neighborhood Parks,Clean Water, Clean Air and Coastal Protection Bond Act of 2000;Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Roberti-Z'Berg Harris Block Grant Program Under the Safe Neighbor Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000—M.Williams 7:55* 2 Proposed Addition of Real Property Specialist Position to the Open Space Acquisition Department and Amendment to the Position Classification and Compensation Plan; Approve the Creation of the New Real Property Specialist Position and Assign it a Salary Range of Step Number 260 to 285,with a Corresponding Salary Range of$3,750 to $4,820 per month;Authorize the filling of the Real Property Specialist Position;Approve the Attached Corresponding Amendment to the Position Classification and Compensation Plan—M.Williams 8:05* 3 Authorize the General Manager to Execute a Contract with Nancy Elizabeth Stoltz in an Amount Not to Exceed$14,640 to Provide a Feasibility Analysis and Develop Schematic Design Options for Renovation of the Ranch House(Former McDonald Property)at La Honda Creek Open Space Preserve —C.Woodbury 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 :J ®FREES Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz *General Manager:L.Craig Britton Meeting 01-19 Page 2 8:15* 4 Authorization to Purchase Work Stations and Office Furniture from Indoff Inc. for Fiscal Year 2001-2002;Authorize the General Manager and Designees to Purchase Work Stations and Office Furniture from Indoff Inc. at an Amount Not to Exceed$25,000 for Fiscal Year 2001-2002—C.Woodbury 5 Authorization to Contract with Citation Press for Fiscal Year 2001-2002,with an Option to Extend the Contract to Fiscal Year 2002-2003;Authorize the General Manager to Enter into a Contract for Printing Services with Citation Press for the Remainder of Fiscal Year 2001-2002 for an Amount Not to Exceed$85,000,with an Option to Extend the Contract to Fiscal Year 2002-2003,Subject to Further Board Approval—S. Jensen REVISED CLAIMS 8:30* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. 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 ' -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-17 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS July 25, 2001 MINUTES SPECIAL MEETING L ROLL CALL President Pete Siemens called the meeting to order at 6:35 p.m. Members Present: Jed Cyr, Mary Davey, Nanette Hanko, Larry Hassett, Ken Nitz, and Pete Siemens. Members Absent: Deane Little. Staff Present: Craig Britton, Sue Schectman, Michael Williams, Duncan Simmons, Tom Fischer, Thomas Trapp. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for a conference with General Counsel regarding anticipated litigation, significant exposure to litigation, Government Code Section 54956.9(b), one case. The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:35 p.m. The Board concluded the Closed Session at 7:28 p.m. REGULAR MEETING III. P. Siemens called the Regular Meeting to order at 7:34 P.M. and noted that no reportable actions had taken place in Closed Session. Director Little arrived at 7:40 p.m. Additional Staff Present: Sandy Sommer, Ana Ruiz, Doug Vu, John Maciel, Lisa Zadek, Stephanie Jensen, Dave Sanguinetti, Mike Foster, Cathy Woodbury, and John Cahill. IV. ORAL COMMUNICATIONS—There were none. 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,Larry Hassett,Kenneth C.Nitz #General Manager:L.Craig Britton Meeting 01-17 Page 2 V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. J. Cyr seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Item 8, Authorization to Solicit Bids for Paving and Repairs to the Driveway at Thornewood Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report; Authorize Staff to Solicit Bids for Paving and Repairs to the Driveway at the Thornewood Open Space Preserve; and Agenda Item 10, Authorization to Solicit Bids to Remove One Minor Structure and Various Debris at Sierra Azul Open Space Preserve and Restore the Area to a Natural Condition;ition Autho rize Staff to Solicit Bids for the Demolition of One Minor Structure and the Removal of Associated Debris at Sierra Azul Open Space Preserve. P. Siemens removed Agenda Item 9, Authorization to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building Located at 330 Distel Circle, Los Altos, California; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report; Authorize Staff to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building. Motion: K. Nitz moved that the Board adopt the Consent Calendar, including approval of the minutes of the June 27 and July 11, 2001, Special and Regular Meetings; draft responses to letters from Mr. Mark Wunderman; 596 Eunice Avenue, Mountain View; Mr. Gene Pfeiffer, 16755 Littlefield Lane, Los Gatos; and Mr. David Montagna, 19701 Canon Drive, Los Gatos; Agenda Item 7, Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement; As a Result of the Board's Evaluation of the General Manager's Performance for the Period of March 10, 2000 through March 9, 2001 and Compensation Review for the Position, the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on the General Manager's Performance and a 4% Cost of Living Salary Adjustment, Retroactive to March 9. 2001; Adopt the Attached Resolution Amending the General Manager's Employment Agreement to Reflect an Adjusted Salary of$131,959.36, and a 5%Meritorious Pay Award Totaling $6,344.20 - Ad Hoc Appointee Evaluation Committee(President Siemens and Directors Cyr and Little); Agenda Item 11,Authorization to Contract with Tamara Kan for Biological Survey and Mapping Services:Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report; Authorize the General Manager to Execute an Agreement with Tamara Meeting 01-17 Page 3 Kan in an Amount Not to Exceed $5,000 to Provide Biological Survey and Mapping Services on an As-Needed Basis for Planning's Capital Improvement Projects and Resource Management Projects During Fiscal Year 2001-2002; and Revised Claims 01-14. L. Hassett seconded the motion. The motion passed 6 to 0(N. Hanko abstained on claim 2204). VH. SPECIAL ORDER OF THE DAY Resolution of Appreciation for Michael L. Foster, Controller. Motion: N. Hanko moved that the Board adopt Resolution No. 01-20, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending Michael (Mike) L. Foster. P. Siemens read the Resolution. K. Nitz seconded the motion. The motion passed 6 to 0. VM. BOARD BUSINESS A. Agenda Item No. I —-Approval of Mitigated Negative Declaration and Mitigatio Monitoring Plan, and Tentative Approval of a Use and Management Plan Amendment for Windy Hill Open Space Preserve, Approve the MitiggLed Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act (CEO& and Adopt the CEQA Findings as Set Out in this Report, Tentatively Approve the Use and Management Committee's Recommendation to Amend the Use and Management Plan for Windy Hill Open Space Preserve as Follows: (1) Open the Betsy Crowder Trail to Hikers, Equestrians, and Leashed Dogs, but not to Bicycles, (2) Install a Observation Area at Sausal Pond and Close the Perimeter Area to Public Use for Resource Protection, (3)Realign, Construct and Restore Unpaved Trails and Roads for a Net Increase of Eighty(80)Linear Feet, and (4) Approve Staffs Recommendation to Adopt the Name "Sequoias Trail" for a 0.2-Mile Trail that Connects to a Town of Portola Valley Trail and Open the Trail to Hikers, Equestrians, and Leashed Dogs, But Not to Bicycles - (Report R-0"-88 . S. Sommer acknowledged that A. Ruiz and D. Sanguinetti had worked with her on researching and preparing the report. She discussed historical issues connected to the proposal. A. Ruiz presented the recommendations of the Use and Management Committee, noting that the study was driven by two key issues: the need to designate appropriate uses for the Betsy Crowder Trail, including an evaluation of the long- term impact of opening a trail to multiple uses; and the need for a trail realignment near the new Kabcenell driveway. Meeting 01-17 Page 4 S. Sommer presented public comment received by staff on the Use and Management Plan amendment. She discussed CEQA compliance and summarized staff's recommendations. Regarding the view from the new bypass trail, S. Sommer said she had walked the trail, and the new bypass trail was fairly similar to the section of old trail and had similar views. In evaluating the uses for the Betsy Crowder Trail, A. Ruiz said staff considered what the trail uses are in that area, public comments, and protecting resources at Sausal Pond. She said staff plans to do the resource work first, then sign the trail for dogs on leash. S. Sommer said the new trail section near the Kabcenell driveway would be built to District standards. K. Nitz expressed concern about older people having trouble with the steepness. S. Sommer said the precise alignment of the segment had not been worked out in detail. In regard to the reasons the Portola Valley Trail Committee wanted the retention of the road, C. Britton referred to letters from Portola Valley and a memo from him in packet. S. Sommer said staff s point of view is that Portola Valley is saying the General Plan specifies the trail being in that location, yet other parts of the plan say the trail and path element need to be flexible. She said staff believes this alignment follows the general intention of the General Plan. Regarding concerns about creating confusion about dog use on the Sequoias Sommer i h intention f all win do use on that section of trail segment, S. So said the0 allowing g g would be to avoid prohibiting Sequoias residents from entering through their property onto the preserve and to utilize that trail. L. Hassett said he thought staff was introducing a conflict with the Portola Valley trail use policy. I Cyr noted that if residents wanted to be technically legal, they could exit The Sequoias on the Portola Road side and enter the parking lot and come up the Spring Ridge Trail that way; all those trails are open to dog use. L. Hassett said he was in favor of leaving it open for dogs, but would like to see Portola Valley adopt that for the rest of the trail to eliminate the conflict. D. Little said he would also like Portola Valley to look into that. As chair of the Use and Management Committee, he felt the committee and staff had done an excellent job of reviewing the proposed trail and amendment, specifically the Betsy Crowder Trail. On the issue of the road that goes by the sag pond, he thought it had been an unfortunate misalignment for many years through an environmentally sensitive area. He said it was important to try to realign it in order to take traffic away from that environmentally sensitive area. He said the L Meeting 01-17 Page 5 two trails are quite close, and he was sure staff could come up with specific proposals that are not steep or difficult for anyone who likes to walk. In addition, he said staff and the committee had made an effort to receive public input on the trail alignments. He said it was unfortunate that the Town waited until the end of public input to make this suggestion. He strongly supported staffs n i n recomme dat o . N. Hanko said originally she was concerned about dog use on the Betsy Crowder Trail. However, she thought staff had done a good job of protecting Sausal Pond and was inclined to go along with the recommendation on that subject. She disagreed with D. Little regarding the sag pond trail. She thought it would be a disservice to those who have lived there a long time. Many people need trails that are not steep. It could be closed in winter. She said she would like to see the District uphold Portola Valley interests, and suggested an amendment to send the matter back to the Use and Management Committee for further study. L. Hassett stated two concerns: 1. The mitigated negative declaration discussed the removal of two coastal oaks. S. Sommer pointed out the trees' location and said it might be possible to avoid them. She said staff had to balance between the trail and staying away from the big trees. 2. He complimented staff on the protective measures for the pond and taking out some vegetation for better viewing from the trail. Regarding visually opening up view areas from the trail, S. Sommer said staff was trying to establish a formal access point to Sausal Pond and reduce access to other parts of the pond. She said it was possible that the observation area would be a deck. K. Nitz said in terms of the sag pond, the person who skinned the road had pushed debris into pond. He believed the trail needed to be closed. He said several people at the Betsy Crowder memorial had suggested putting a bench near the observation area or on the deck if there is one. S. Sommer explained the process for the negative declaration. She said it was sent to the State clearinghouse who sent it to 15 agencies. Only two agencies commented. A. Ruiz noted that all the lower trails, including the new trail, are open to dogs. P. Siemens and K. Nitz suggested putting the bike icon on future maps. H. Pastorelli, 1207 USA Court, Los Altos, Vice President of ROMP, asked the Use and Management Committee to comment on why the Betsy Crowder Trail is excluding bikes, and also putting a note in the General Manager's recommendation as to why bikes are being excluded. D. Little replied that the committee had considered it but felt it would be an inappropriate use of resources. He said bicycles have access on the other road. This provides an alternate route where older hikers and equestrians can go. Meeting 01-17 Page 6 Mary Hufty, 257 Mapache Drive, Portola Valley, chair of the Portola Valley Trails Committee, said staff had done a thoughtful job and had met their concerns on many issues. When she saw the plan for the re-route, she though the preserve users were losing a trail they use and love. However, she said it could have been treated more gently. She noted that the Planning Commission acted independently of the Trails Committee on this issue. She thought the trail was a logical connection with the Spring Ridge Trail as it goes over the Eagle Trail, as it would connect to Willow Grove and Alpine Road. She said the other trail had a little jog out of the way. The trail is more level and is a better trail experience. Regarding trail density, she said the committee loves trails and the confusion of g g Y, signage is not an issue. Ellie Ferrari, 211 Willowbrook Drive, Portola Valley, an equestrienne, said she had ridden the trail with the sag pond. She urged the Board to reconsider the matter and asked about access for vehicles. She thanked D. Little for the field trips. Derry Kabcenell, 557 Cresta Vista Lane, Portola Valley, said he was the owner of the in-holding and had suggested some of the changes that had been discussed. He said he supported the General Manager's recommendations and commended staff and the committee. He said his particular interest was to avoid conflict between preserve users and vehicles on the driveway. He requested that the driveway not be designated a trail and that visitors be encouraged to use existing designated trails for safety reasons. He said from the point of view of safety and user conflict issues, it would be better if the sag pond trail was not there. J. Cyr referred to the mitigation model and said the written report did not seem to match it. S. Sommer explained where the measurements were taken. J. Cyr noted that on page 12 of the Negative Declaration, it stated that the balance of the Windy Hill Open Space Preserve is east of the project area and he thought it should say "west." He commented that in reading through the report, he was impressed. He thanked S. Sommer and A. Ruiz. In regard to the issues about the reroute, he shared concerns about the environmental protection of the sag pond. He thought there was an issue with trail density because the District has to maintain them all. In this case, he was more concerned with providing a variety of uses. D. Little said he thought they needed to recognize that the District's mission is to preserve ecologically valuable land and not to provide access to every square inch. He said there is a need to recognize that this is an ecologically valuable and rare resource, and he asked the public to recognize this. Motion: D. Little moved that the Board approve the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act (CEQA), and adopt the CEQA findings as set out in the staff report; and tentatively Meeting 01-17 Page 7 approve the Use and Management Committee recommendation to amend the Use and Management Plan for Windy Hill Open Space Preserve as follows: (1) Open the Betsy Crowder Trail to hikers, equestrians, and leashed dogs, but not to bicycles, (2)Install an observation area at Sausal Pond and close the perimeter area to public use for resource protection, (3)Realign, construct, and restore unpaved trails and roads for a net increase of eighty(80) linear feet, and (4) Approve staffs recommendation to adopt the name "Sequoias Trail" for a 0.2-mile trail that connects to the Town of Portola Valley Trail and open the trail to hikers, equestrians, and leashed dogs, but not to bicycles. K. Nitz seconded the motion. Discussion: L. Hassett said he had met with Town officials and looked at the re-route. He found it is a gorgeous trail and relatively flat. He said if the District eliminated vehicle traffic on the road it would decrease impact, and that if there were a problem, the trail could be closed seasonally. He had talked with Bo Gimbal about possible h fault line and drainage ways of dealing with the concerns about the a Y g g issues. He said if the trail is allowed to decrease in size to a four- foot trail and is sensitively rerouted toward the high area, it could work. Amendment to motion: L. Hassett moved that the Board refer this aspect back to the Use and Management Committee to see if there is a way to retain that part of the trail. N. Hanko seconded the motion. Discussion: L. Hassett observed that this aspect would not hold up the program. C. Britton stated he would prefer the entire matter be referred back to the committee. He said it had to be looked at in context with other trail recommendations. Amendment to amendment: N. Hanko moved that the Board direct the President to appoint an ad hoc committee to research this particular issue. L. Hassett seconded the motion. The motion was defeated 5 to 2 with Directors Hassett and Hanko voting aye and all other Directors voting no. Vote on amendment to motion: The motion was defeated 4 to 3 with Directors Hassett, Siemens, and Hanko voting aye and all other Directors voting no. Vote on main motion: The motion passed 5 to 2 with Directors Hassett and Hanko voting no and all other Directors voting aye. (Note: D. Little left at 8:57 P.M.) Meeting 01-17 Page 8 B. Agenda Item No. 2- Approve the Attached License Agreement for The Sequoia - Portola Valley to Enter Windy Hill Open Space Preserve for the Purpose o Planting Native Plants and Installing a Temporary Drip Irrigation System on District Land Along the Northern Adjoining Property Line: Authorize the General Manager to Execute the Attached License Agreement Allowing The Sequoias- Portola Valley and their Consultants to Enter Windy Hill Open Space Preserve for the Purpose of Planting Native Trees and Shrubs, and Installing a Temporary DEW Irrigation System on District Land, Along the Northern Adjoining Property Line; Authorize the General Manager and General Counsel to Approve Minor Revisions to the License Agreement—(Report R-0 1-8 5). A. Ruiz presented the staff report. C. Britton noted that this would be of benefit to the District because there has always been a desire to have screening there. A. Ruiz noted that the carports would be below grade as a berm is being installed. J. Cyr noted a correction on page 1, paragraph 2.3, which should read "a license agreement" instead of"an license agreement." Motion.- M. Davey moved that the Board authorize the General Manager to execute the License Agreement allowing The Sequoias—Portola Valley and their consultants to enter Windy Hill Open Space Preserve for the purpose of Planting Native Trees and Shrubs, and installing a temporary drip irrigation system on District land, along the northern adjoining property line- and authorize the General Manager and General Counsel to approve minor revisions to the License Agreement. J. Cyr seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3- Authorization to Execute a Contract with Dillingham Associates to Provide Design and Services in an Amount Not to Exceed $25.81 for the Proposed Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve, Authorize the General Manager to Execute a Contract with Dillingham Associates of Berkeley in an Amount Not to Exceed $25.8 10 to Prepare Plans and Specifications for the Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve - (Report R-01- 81 . D. Vu outlined staffs recommendations. He confirmed that the District's staging area would accommodate 15 cars, and the County would have 50 spaces. He said the crosswalk is to be protected with stop signs. He said the County had recommended that the District put in the staging area. The County is anticipating high use on this portion of the Ridge Trail when the District dedicates a 17.9-mile section. C. Britton said the District's parking is for automobiles while the County's will include equestrian parking. He thought it would work well. By having staging Meeting 01-17 Page 9 areas on both sides of the road, there would be a crosswalk and a stop sign. Regarding dedication of the portion of the Ridge Trail, he said there are two private parcels, which may delay dedication. D. Vu said the goal was to use native planting. In regard to excavation, C. Britton said staff is aware of the need to investigate soils and is being very careful. D. Vu explained that a 100 ft. setback has to be maintained. The 400-foot view requirement is a State requirement and does not apply in this case. The parking surface will be rock, not paving. Drainage will be worked out as part of design. Motion: N. Hanko moved that the Board authorize the General Manager to execute a contract with Dillingham Associates of Berkeley in an amount not to exceed $25,810 to prepare plans and specifications for the parking and staging area at the Jacques Ridge entrance to Sierra Azul Open Space Preserve. M. Davey seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4—Authorization of Award of Contract to Panko Architects for Design and Engineering Services to Replace the Maintenance Building and to Create a Master Plan for the Foothills Operations Facility at Rancho San Antonio Open Space Preserve;Authorize the General Manager to Enter into a Contract with Panko Architects of San Mateo for an Amount Not to Exceed $39,785 for Design and Engineering Services to Replace the Maintenance Shop Building and to Create a Master Plan for the Foothills Field Operations Facility at Rancho San Antonio Open Space Preserve—(Report R-01-82). J. Cahill presented the report. C. Woodbury noted that putting solar panels on this facility was included in the list of things they would look at. J. Cahill said staff did not know of any hazardous materials, but any construction will entail some borings and staff will do an update on the 1991 geological survey. Motion: M. Davey moved that the Board authorize the General Manager to enter into a contract with Panko Architects of San Mateo for an amount not to exceed $39,785 for design and engineering services to replace the maintenance shop building and to create a master plan for the Foothills field operations facility at Rancho San Antonio Open Space Preserve. N. Hanko seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5- Request for Consent to a Sublease Agreement Between Drug Abuse Sciences, Inc., and Kaidara Software,Inc. for the Enterprise Office Space at 330 Distel Circle, Los Altos; Authorize the General Manager to Approve the Office Building Sublease Between Drug Abuse Sciences, Inc. and Kaidara Software, Inc. —(Report R-01-W. C. Britton clarified that if there is extra wiring needed for networking or software, it is the lessor's responsibility. Meeting 0 1-17 Page 10 Motion: M. Davey moved that the Board authorize the General Manager to approve the office building sublease between Drug Abuse Sciences, Inc. and Kaidara Software, Inc. for the Enterprise Open Space at 330 Distel Circle, Los Altos. K. Nitz; seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 6- Authorization to Contract with Printer to be Announced at this Meeting for Printing Services for Fiscal Year 2001-2002 With an Option t Extend the Contract for Fiscal Year 2002-2003, Authorize the General Manager to Enter Into a Contract for Printing Services with a Printing Firm(To B Selected by and Announced at Your Meeting) for the Remainder of Fiscal Year 2001-2002, For an Amount Not to Exceed $100,000, With the Option to Extend the Contract to Fiscal Year 2002-2003, Subject to Further Board Approval (Report R-01-90). S. Jensen presented staff s recommendations. Motion: J. Cyr moved that the Board authorize the General Manager to enter into a contract for printing services with Harbor Printing for the remainder of fiscal year 2001-2002, for an amount not to exceed $100,000, with the option to extend the contract t cal year 2002-2003, subject to further Board approval. N. Hanko seconded the motion. Discussion: S. Jensen said she did not know how many employees Harbor had, and was more concerned with their performance. She said the District has been using tree-free paper, but not hemp, as per Board policy. However, there are certain tree-free products that do more environmental harm. C. Britton said staff would come back with this on an informational basis. He said they are looking at various options, including post-consumer paper, and would advise the Board. S. Jensen said the graphic designer has agreed to store the District's materials, but the District owns them. Vote: The motion passed 6 to 0. G. Agenda Item No. 8- Authorization to Solicit Bids for Paving and Repairs to the Driveway at Thornewood Open Space Preserve,Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report, Authorize Staff to Solicit Bids for Paving and Repairs to the Driveway at the Thornewood Open Space Preserve—(Report R-01-U3 . Meeting 01-17 Page 11 J. Cahill said any asphalt removed would be recycled. He said it would probably would probably be five be wise to close the reserve during the paving which p y e P g p g working days. He said Mr. Richard will be part of any decision made regarding closure. There is another entrance for him to use. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and authorize staff to solicit bids for paving and repairs to the driveway at the Thomewood Open Space Preserve. K. Nitz seconded the motion. The motion passed 6 to 0. H. Agenda Item No. 9- Authorization to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building Located at 330 Distel Circle, Los Altos California, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in this Report; Authorize Staff to Solicit Bids for Paving and Repairs to the Parking Lot at the Administrative Office Building—(Report R-01-86). P. Siemens suggested that looking at items 8, 9, and 10, maybe the Board is micromanaging since they have approved the projects under the budget. C. Britton explained that staff felt that they would like to err on the side of caution in regard to notifying the public. In addition, he said these reports are not a lot of work. Board members expressed appreciation for seeing the reports, noting that it shows that the District is moving forward on projects, plus it is the public's money being spent. Motion: L. Hassett moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and authorize staff to solicit bids for paving and repairs to the parking lot at the administrative office building. M. Davey seconded the motion. The motion passed 6 to 0. 1. Agenda Item No. 10- Authorization to Solicit Bids to Remove One Minor Structure and Various Debris at Sierra Azul Open Space Preserve and Restore the Area to a Natural Condition,• Authorize Staff to Solicit Bids for the Demolition of One Minor Structure and the Removal of Associated Debris at Sierra Azul Open Space Preserve—(Report R-01-87). J. Cahill said the area would be seeded. In regard to removing the road once the structures are gone, C. Britton said staff will be doing a master plan and will look at trails and roads. Motion: K. Nitz moved that the Board authorize staff to solicit bids for the demolition of one minor structure and the removal of associated Meeting 01-17 Page 12 debris at Sierra Azul Open Space Preserve. M. Davey seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS M. Davey thanked S. Sommer for joining the trail meeting at Parks and Recreation on Stanford Land. K. Nitz said he worked at the Los Altos Art and Wine Fair and that hundreds of people came through. L. Hassett said he attended the South Skyline picnic last Saturday where the program was presented by USGS. J. Cyr: 1. He will be doing a"meet a Board Member on the trail" in September. 2. He had gone on his first docent-led hike on September 3 and said it was fun and praised staff. C. Britton: 1. The FYI's contained the Belmont City Council agenda for a workshop at which he had spoken. 2. The FYI's also had notice of the"not-so-annual conference" October 18-20 at Audubon Canyon Ranch. 3. Kathleen Hart had suggested an office cleanup day that was held July 13. 4. Sally Thielholdt has been hired to fill the Administrative/Human Resources Manager position and will start September 4. C. Woodbury announced that S. Sommer passed a national exam by the American Institute of Certified Planners and is recognized by her peers as a Planner Extraordinaire. C. Britton announced that J. Isaacs will be leaving the District August 31. J. Maciel: 1. They are doing testing and background checks on four ranger candidates. 2. He presented an update on the search for the missing bicyclist. Staff had assisted though there is no indication she was seen on the preserves. Also, a body was found in Purisima Creek Redwoods Open Space Preserve. S. Jensen announced that Mt. Umunhum and San Mateo County VIP tours would take place in late September and October. X. ADJOURNMENT At 9:53 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary ...... .. .... Regional Open 5 ce DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. Roy Ferrari Rferrari(&yahoo.com RE: Access to Windy Hill Open Space Preserve via Alpine Road Gate WH06 Dear Mr. Ferrari: Thank you for your electronic mail dated July 24, 2001 and for your interest in the trails of Windy Hill Open Space Preserve. A copy of your electronic message was given to the Board of Directors for their review at their meeting last night. Staff has been working at length over the last two months with the property owner of the private inholding to address District concerns over the uneven bridge surface. For this reason, staff has postponed reopening the Alpine Road preserve entrance to horses and bicycles. As of last Thursday, the bridge surface has been improved. The uneven gaps between the running boards have been filled with wooden planks to create a more even surface. These recent bridge modifications will enable the District to reopen the entrance trail to horses and bicycles once proper signage is in place. The start of home construction is tentatively scheduled to begin this fall,contingent upon approval of a building permit from the Town of Portola Valley. The second phase of construction for the home site will reintroduce heavy truck traffic to this area of the preserve. As with any major project,the start of construction implies regular truck traffic to deliver equipment, unload materials, and remove excavated soil, not to mention the number of employee car trips entering and exiting the construction site. The expected high levels of truck traffic through gate WH06 and the heightened potential for conflicts between trail users and construction vehicles along the driveway are raising legitimate trail use safety concerns. Once home construction begins, this entrance to the preserve will be closed on weekdays to all public use, including hiking, to restrict trail users from traveling on the driveway during peak construction activity. Construction will be restricted on Saturdays and Sundays to allow the District to open the area to the public for weekend use. Reopening the entrance to horses and bicycles will also be subject to weekday closures during peak construction periods. We realize that the temporary closure presents an inconvenience to you and other members of the public wishing to access the preserve from gate WH06. We fully appreciate your patience and ask that you please access the preserve from any of the other eight entrances. The District foresaw the likelihood of these temporary inconveniences when it was first offered the opportunity to purchase the 429-acres that now create lower Windy Hill Open Space Preserve. With this purchase was the understanding that 20 acres would be retained by the seller as private land for a future single-family residential development. By retaining a developable inholding, the seller was willing to sell the land to the District at a reasonable price. The District believes that the long-term protection and preservation of the land far outweighs the short-term inconveniences. If you have any additional questions please call Ana Ruiz, Open Space Planner,at(650) 691-1200. Sincerely, Pete Siemens, President Board of Directors cc: MROSD Board of Directors PS:ar:ss 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,Larry Hasseft,Kenneth C.Nitz -General Manager:L.Craig Britton Page I of I Ana Ruiz From: Ana Ruiz <aruiz@openspace.org> To: Ana Maria Ruiz <aruiz@openspace.org> Sent: Friday, August 17, 2001 8:08 AM Subject: Fw: Trail Access to Windy Hill From: Roy Ferrari To: rnrosd@_opvmspacq...ora Sent: Monday, July 23, 2001 1:36 PM Subject: Trail Access to Windy Hill Sandy Sommer, Senior Planner, MROSD Larry Hassett, Ward 6 RE: Continued closure of trail access from Alpine and Willowbrook over the Kapcenell Bridge. Please let me know why you cannot open this trail on a temporary basis to equestrians until you have put in the new trail which follows the creek. I have attended field trips to discuss this new trail but until it is put in, our access during these precious summer months remains closed. It is not a problem crossing the bridge and proceeding up the road to hook in the Windy Hill and Hamms Gulch trails as there seems to be little or no automobile or truck traffic. Even if there were, visibility is good and foot and equestrian traffic would not be imperiled. It is already the end of June and it has been closed for months. Please email me at rferrari@,yahoo.com to explain the Board's thinking. I live on Willowbrook and have always had immediate access to the trails. Now I have to take a circuitous route down the opposite end of the street. I feel a temporary opening would be appropriate at this time as it does not look as if you will have the alternate trail in this year and it will be winter before we can bat an eye. I am writing this personally and also on behalf of the Portola Valley Trails Association, which is a volunteer group that oversees the town trails. Thank you for your attention to this matter. Please circulate this memo to the Board. Thanks! 8/17/01 Regional Open S )ce R-01-100 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 0 1-19 August 22, 2001 AGENDA ITEM 1 AGENDA ITEM Application for Per Capita and Roberti-Z'Berg Harris Block qwt Programs Under the Safe Neighborhood Parks, Clean Water, Clean:Air, and Coastal rotecti Bond Act of 2000(Proposition 12) GENERAL MANAGER'S RECOWM ATIONS 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving the application for the Per Capita Grant Program Under the California the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving the application for the Roberti-Z'Berg Harris Block Grant Program Under the California the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. DISCUSSION On November 7, 2000, California voters passed Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Of more than$824 million provided by this initiative, $3,652,789 is available in grants to the District on a direct appropriation basis based upon the population of the District's constituents in Santa Clara and San Mateo Counties. The District is eligible for$2,399,000 under the Per Capita Grant Program, and $1,253,789 of this amount under the Roberti-Z'Berg Harris Block Grant Program. The per capita grant program fully funds acquisition project costs and requires no matching funds. Eligible project costs under this program start retroactive to July 1, 2000. There is a June 30, 2003 deadline for securing a contract with the State. All projects under this program must be completed by June 30, 2008. Because this program started July 1, 2000, the following open space acquisition projects already acquired by the District have been identified for grant funding reimbursement: the 98.6-acre Connor property addition to Russian Ridge Open Space Preserve (see Report R-00-142), the 40-acre Lobner property addition to Monte Bello Open Space Preserve (see Report R-0 1-3 1) and the 41.75-acre Williams property addition to the Sierra Azul Open Space Preserve(see Report R-00-106). As part of your approval of these open space acquisitions, these property additions were determined to be categorically exempt under the California Environmental Quality Act(CEQA). Therefore, the District is ready to apply for full funding reimbursement under the per capita grant program. 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,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton The District is also eligible for $1,253,789 under the Roberti-Z'Berg-Hams Block Grant Program. This grant program provides funds for the acquisition and development of recreational facilities to meet urban Counties recreational needs. This grant provides for 70% of project cost, with 30% match from the District or private or non-state sources. Eligible projects under this grant program may be incurred after July 1, 2001. The deadline for securing contract with the State under this grant program is June 30, 2004. All projects under this program must be completed by June 30, 2009. Since this program has just started, future open space acquisition projects meeting the criteria of this grant will be brought to you as part of a future agenda item including a CEQA determination. Two separate funding sources are involved for these two grant programs which require a separate Resolution for each program. The grant process for both programs is initiated when the District submits its resolution to the State of California. The State reviews the resolution and sends a contract to the District for execution in the form attached to this report. After the contract is fully executed, the District can submit individual project applications for open space acquisitions which meet the grant criteria. Prepared by: Michael C. Williams, Real Property Representative Contact Person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FROM THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL i PROTECTION BOND ACT OF 2000 WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds to meet the urgent need for safe, open and accessible local park and recreational facilities for increased recreational opportunities that provide positive alternatives to social problems; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation, and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Applicant has, or will have, sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the General Manager or Assistant General Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, contracts, agreements, payment requests and so on, which may be necessary for the completion of project(s). RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FROM THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 WHEREAS, the people of the State of California have enacted the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 which provides funds for the Roberti-Z'Berg-Harris Open Space and Recreation Program; and WHEREAS, the Legislature of the State of California has enacted the Roberti-Z'Berg- Harris Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreational needs; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Roberti-Z'Berg-Harris allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Approves the filing of an Application for local assistance funds from the Roberti-Z'Berg- Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the General Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, contracts, agreements, payment requests and so on, which may be necessary for the completion of the Project(s). Grant Contract Special Provisions z General Provisions A. Definitions 1 The term"Act"as used herein means the Appropriation for the Program. 2. The term"Acquisition"as used herein means to obtain from a willing seller a fee interest or any other interest, including easements and Development rights, in real property. 3. The term"Application"as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or program. 4. The term"Development"as used herein means improvements to real property by construction of new facilities or renovation or additions to existing facilities. 5. The term"Grantee"as used herein means the party described as the Grantee on page 1 of this Contract. 6. The term"Project"as used herein means the Project described on page 1 of this Contract. 7. The term"State"as used herein means the State of California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of grant monies in the Act,the State hereby grants to the Grantee a sum of money(grant monies)not to exceed the amount stated on page 1, in consideration of,and on condition that,the sum be-expended in carrying out the purposes as set forth in the Description of Project on page 1,and under the terms and conditions set forth in this Contract. The Grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the Project.Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1,and under the terms and conditions of this Contract. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act(Public Resources Code, Section 21000,et.seq.;Title 14,California Code of Regulations,Section 15000 et. seq.) 4. If the Project includes Development,the Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including,but not limited to,legal requirements for construction contracts,building codes,health and safety codes,and disabled access laws. 5. The Grantee shall permit periodic site visits,including a final inspection upon Project completion by the State,to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work,the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. 7. If the Project includes Acquisition of real property,the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and/or program. 9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post ' signs acknowledging the source of funds. 10. Grantees shall have(1)fee title, (2)lease hold or(3)other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land, as determined by the State,that is held by the Grantee. 11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a)(1) of the pg_blic Resources Gode for a period that is commensurate with the type of Project and the proportion of state funds or property allocated to the capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of,an amount equal to(1)the amount of the grant, (2)the fair market value of the real property, or(3)the proceeds from the sale or other disposition,whichever is greater, shall be used by the Grantee for a purpose authorized by that category,pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant,an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of,whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by that category. 12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land. 13. The Application shall be accompanied by certification from the Grantee's planning agency that the Project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan,the District park and recreation plan, or the appropriate planning document, as the case may be,and will satisfy a high priority need. C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. -lf the Project includes Acquisition of real property,the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event,the total State Grant Amount set forth on page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount b. After the property is in escrow,the Grantee may request up to 80% of the Project Grant Amount as specified in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place these funds in escrow. C. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost,whichever is less,on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 2. If the Project includes Development,the State may disburse to the Grantee the grant monies as follows,but not to exceed in any event the total State Grant Amount set forth on page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount. b. On proof of award of a construction contract or commencement of construction by force account, up to eighty percent of the total Project Grant Amount,or the actual cost,whichever is less. C. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost,whichever is less,on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submit written Project reports as the State may request. In any event,the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced,the Grantee shall place these monies in a separate interest bearing account,setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project or paid to the State. If grant monies are advanced and not expended,the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income earned by the Grantee from use of the Project to further Project related purposes,or,if approved by the State,for related purposes within the Grantee's jurisdiction. E. Project Termination I The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 2. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case,any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract. 4. Because the benefit to be derived by the State,from the full compliance by the Grantee with the terms of this Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent,the amount of money furnished by the State by way of grant monies under the provisions of this Contract,the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore,that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. The Grantee and the State agree that if the Project includes Development,final payment may not be made until the Project conforms substantially to this Contract. F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from,growing out of,or in any way connected with or incident to this Contract,except claims arising from the concurrent or sole negligence of the State, its officers,agents,and employees. 2. The Grantee shall indemnify,hold harmless and defend the State, its officers,agents and employees against any and all ciaims,demands,damages,costs,expenses or liability costs arising out of the Acquisition, Development,construction,operation or maintenance of the property described as the Project which claims,demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers,agents,or employees. 3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et.seq.,the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs,expenses,and attorney's fees. 4. The Grantee and the State agree that in the event of a judgment entered against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers,agents, or employees,an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify, hold harmless and defend the State, its officers,agents and employees against any and all claims,demands,costs,expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts,documents and records for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts,documents and records for three years following Project termination or completion. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs,disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use of Facilities 1. The Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under this Contract only for the purposes for which the State Project Grant monies were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. The Grantee shall maintain and operate the property acquired or developed for a period commensurate with the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State. 1. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race,color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility acquired or developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or program. J. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the application thereof is held invalid,that invalidity shall fnot affect other provisions or applications of the Contract which can be given effect without the invalid provision or application,and to this end the provisions of this Contract are severable. Regional Open 5 ice g P ._�..,...� t....�+, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-96 Meeting 01-19 August 22, 2001 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of Real Property Specialist PACompnsation ace Acquisition Department and Amendment to the Position Classification an an GENERAL MANAGER'S RECOMMENDATI 1. Approve the creation of the new Real Property Specialist position and assign it a salary range of Step Number 260 to 285, with a corresponding salary range of$3,750 to $4,820 per month. 2. Authorize the filling of the Real Property Specialist position. 3. Approve the attached corresponding amendment to the Position Classification and Compensation Plan. DISCUSSION At your meeting of March 28, 2001, and as part of the fiscal year 2001-2002 budget, you approved the addition of the new Real Property Specialist position (see Report R-01-32). The Open Space Acquisition Department currently consists of the Real Property Representative, Senior Acquisition Planner, Land Protection Specialist, Administrative Assistant, and Land Acquisition Manager (vacant). With the addition of new rental properties as part of open space land acquisitions, property management has become increasingly demanding. The District currently manages twenty-seven (27) residential rental units (nine of which are employee residences), nine (9) communications sites, three (3) historic leases, one agricultural lease, one stable lease, and the Distel office tenant lease and administrative office. The Real Property Specialist will handle the day-to-day property management functions including the facilities management of the Distel office building. This position will also assist the Negotiation and Land Protection programs with real property and title research, and due diligence investigation of properties being considered for acquisition. In order to more effectively balance acquisition of open space land and property management work load, it is recommended that the new position of Real Property Specialist be created, to work closely with the Real Property Representative and assume property management responsibilities required to maintain the District's Enterprise program and assist the Negotiations and Land Protection programs. (See attached class specification.) 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 ®WE" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz •General Manager:L.Craig Britton R-01-96 Page 2 BUDGET CONSIDERATIONS This position, at the proposed monthly salary range of$3,750 to $4,820, was approved by the Board as part of the fiscal year 2001-2002 budget in March. Creation of this position will not impact the current fiscal budget. The position's salary and internal relationships are keyed to similar District positions with the same complexity of job assignments. Prepared by: Lauren Crook, Human Resources Assistant Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative i Micipeninsula Regional Open Space District Position Classification and Compensation Plan Effective 04/01/2001 Revised 08/22/2001 Classification Step Range Hourly Range Monthly Range Annual Range Receptionist/Administrative Clerk 223._ 248. $14.973_$19.202 $2,595 _ $3,328 $31,144 _ $39,940 Open Space Technician 237._ 262. $17.211 _$22.072 $2,983 _ $3,826 $35,799 _ $45,910 Farm Maintenance Worker 237._ 262. $17.211 _$22.072 $2,983 _ $3,826 $35,799 _ $45,910 Administrative Assistant 238._ 263. $17.383 _$22.293 $3,013 _ $3,864 $36,157 _ $46,369 Lead Open Space Technician 242- 267. $18.089_$23.198 $3,135 _ $4,021 $37,625 _ $48,252 Senior Administrative Assistant 248._ 273. $19.202 _$24.625 $3,328 _ $4,268 $39,940 _ $51,220 Planning Technician 250._ 275. $19.588_$25.120 $3,395 _ $4,354 $40,743 _ $52,250 Ranger 250._ 275. $19.588_$25.120 $3,395 _ $4,354 $40,743 _ $52,250 Network Specialist 253._ 278. $20.181 _$25.881 $3,498 _ $4,486 $41,977 _ $53,833 Accounting Specialist 253._ 278. $20.181 _$25.881 $3,498 _ $4,486 $41,977 _ $53,833 Docent Coordinator 255. 280. $20.587_$26.401 $3,568 _ $4,576 $42,821 _ $54,915 Volunteer Coordinator 255._ 280. $20.587_$26.401 $3,568 _ $4,576 $42,821 _ $54,915 Equipment Mechanic Operator 258._ 283. $21.211 _$27.201 $3,677 _ $4,715 $44,118 _ $56,579 Open Space Planner 1 260._ 285. $21.637_$27.748 $3,750 _ $4,810 $45,005 _ $57,716 Public Affairs Specialist 260._ 285. $21.637_$27.748 $3,750 _ $4,810 $45,005 _ $57,716 Real Property Specialist 260._ 285. $21.637_$27.748 $3,750 _ $4,810 $45,005 _ $57,716 Supervising Ranger 265._ 290. $22.741 _$29.164 $3,942 _ $5,055 $47,301 _ $60,660 Maintenance&Construction Supervisor 265._ 290. $22.741 _$29.164 $3,942 _ $5,055 $47,301 _ $60,660 Land Protection Specialist 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 _ $67,007 Support Services Supervisor 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 _ $67,007 Resource Management Specialist 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 _ $67,007 Community Programs Supervisor 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 _ $67,007 Open Space Planner II 275._ 300. $25.120_$32.215 $4,354 _ $5,584 $52,250 _ $67,007 Management Analyst 279._ 304. $26.140_$33.526 $4,531 _ $5,811 $54,371 _ $69,735 Area Superintendent 285._ 310. $27.748_$35.594 $4,810 _ $6,170 $57,716 _ $74,036 Real Property Representative 285._ 310. $27.748_$35.594 $4,810 _ $6,170 $57,716 _ $74,036 Senior Planner 285._ 310. $27.748_$35.594 $4,810 _ $6,170 $57,716 _ $74,036 Senior Acquisition Planner 285._ 310. $27.748_$35.594 $4,810 _ $6,170 $57,716 _ $74,036 Attorney 290._ 315. $29.164_$37.415 $5,055 _ $6,485 $60,660 _ $77,822 Public Affairs Manager 295.- 320. $30.651 _$39.328 $5,313 _ $6,817 $63,754 _ $81,802 Land Acquisition Manager 305._ 330. $33.862 _$43.453 $5,869 _ $7,532 $70,434 _ $90,383 Operations Manager 305._ 330. $33.862 _$43.453 $5,869 _ $7,532 $70,434 _ $90,383 Administration/Human Resources Manager 305._ 330. $33.862 _$43.453 $5,869 _ $7,532 $70,434 _ $90,383 Planning Manager 305._ 330. $33.862 _$43.453 $5,869 _ $7,532 $70,434 _ $90,383 Assistant General Manager 320._ 345. $39.328_$50.467 $6,817 _ $8,748 $81,802 _ 104,970 ** Does not include Board appointees: General Manager,Legal Counsel,Controller The salary range for Seasonal Open Space Technicians is$14.11 to$15.58 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. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REAL PROPERTY SPECIALIST Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. IOB OBIECTIVES Under general supervision, to manage District rental properties (including lease negotiations, and maintenance and repair of rental structures), create and maintain accurate and current enterprise accounts and records, and perform support and assistance of the negotiations and land protection programs with real property and title research, appraisal analysis, and preparation of related documents. EXAMPLES OF IMPORTANT RESPONSIBILITIES The following tasks are typical for positions in this classification. Any single position may not perform all of these tasks and/or may perform similar related tasks not listed here: ■ Manage District enterprise rental properties including negotiation and monitoring of rental income for residential, employee housing, communications, historic, agricultural, and office leases; pursue alternative lease arrangements. • Oversee the facilities management of the District office building and tenant space including management of HVAC,janitorial, and landscape contractors. • Coordinate an effective maintenance and improvement program for District enterprise rental properties, employee residences and District office building; obtain bids from contractors and outside vendors, prepare contracts, oversee and ensure that work is completed in a timely manner. ■ Assist in the development and oversee the administration of enterprise program budget; monitor and approve expenditures for maintenance and repair of rental structures. I • Prepare and conduct rental rate surveys for District rental properties and conduct long term analysis of enterprise rental accounts, assist in preparation of documents relating to land value estimates and review of real property appraisal reports. • Collaborate with District legal counsel to prepare drafts of residential rental agreements, communications leases, and other lease agreements involving District owned properties and land. • Assist in due diligence investigations on properties being considered for acquisition for public open space including title research, zoning and development potential, code compliance and regulatory investigations. ■ Assist land protection program in researching title and real property related issues to help resolve encumbrance and encroachment issues. • Prepare routine correspondence, documents and reports to assist negotiations and land protection programs. • Establish and maintain open communication with other program staff; coordinate activities and work cooperatively in a professional manner. • Perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: Basic principles and practices of real estate and property management. District lands, surrounding private and public properties, and land uses. Typical legal documents pertaining to real property lease and management, and property descriptions including easements, licenses and agreements. MIDPENINSULA REGIONAL OPEN ACE DISTRICT Real Property Specialist(Continued) Basic principles and practices of negotiation. Principles and practices of record keeping. Principles and practices of report preparation. Principles and practices of budget preparation and administration. Pertinent Federal, State and local laws,codes and regulations. Ability to: Oversee and coordinate the District's rental and lease activities. Manage District rental properties including lease agreements and maintenance contracts. Communicate effectively with tenants. Coordinate and oversee maintenance and repair needs for rental properties and District office space. Maintain accurate and current records and files. Read and interpret legal descriptions, surveys, and maps. Prepare and administer enterprise program budget. Prepare clear and concise reports. Understand and apply Federal, State and local policies, laws and regulations. Effectively represent the District on a variety of matters with other staff and public/private agencies. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Education and Experience Guidelines Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in real estate, real estate law, business administration or a related field. Experience: Three years of increasingly responsible experience in real estate or property management that includes significant public contact, preferably with a public agency or land trust. License or Certificate Possession of, or ability to obtain, an appropriate, valid driver's license. PHYSICAL DEMANDS AND WORKING CONDITIONS The physical demands herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions. Environment: Office environment; occasional travel to District open space areas and to meetings at various locations. Mobility: Sitting for prolonged periods of time; walking and hiking to inspect real property. Vision:Visual acuity to review written materials and inspect real property. Communication:Speaking and hearing to exchange information. Exempt Approved August 2001 i �I Regional Open 5 )ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-98 Meeting 01-19 August 22, 2001 AGENDA ITEM 3 AGENDA ITEM Authorization to Execute a Contract with Nancy Elizabeth Stoltz to Provide Design Services in an Amount Not to Exceed $14,6401 for the Ranch Ho se at t4 londa Creek Open Space Preserve GENERAL MANAGER'S RECO ND Authorize the General Manager to execute a contract with Nancy Elizabeth Stoltz in an amount not to exceed $14,640 to provide a feasibility analysis and develop schematic design options for renovation of the ranch house (former McDonald property) at La Honda Creek Open Space Preserve. DISCUSSION The District purchased the former McDonald property in 1990 and added the land to La Honda Creek Open Space Preserve. Although the ranch house is the only original building in use at this time, the barns, white corrals, and paddocks lend a charming rural character to the setting. The well-known"Red Barn" is a significant landmark and the subject of great civic pride to the local community. Measures have already been undertaken to prevent further deterioration of the Red Barn. The foundation along the west side of the barn has been replaced to support the building, and holes in the roof have been covered with plastic tarps secured in place with battens nailed to the rafters. The cupola has been removed and is stored at the Skyline field office, where it is carefully being restored by District staff. An historic preservation architect is working with Planning Department staff to assess the barn structure and recommend the structural improvements and appropriate re- roofing materials that will maintain the integrity of the building. In addition to a new roof and possible structural work, the lead-based paint will be removed and the Red Barn will be repainted. Operations Department staff has been repainting the white fencing and paddocks and maintaining the grounds around the Red Barn. Grasses and weeds are routinely mowed according to a maintenance schedule that is determined by fire prevention standards at each site. Currently, the ranch house is included in the District's enterprise rental program. Over the years, a number of modifications and additions to the house have detracted from the structure's functionality and architectural style. A combination bedroom and bathroom was added to the rear of the house where it can only be accessed from an exterior stairway leading from the main floor. Even though the current tenant has made some improvements, such as replacing the water line and repairing two of the bathrooms, additional work is required. The foundation is in need of 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,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton R-01-98 Page 2 repair, there are drainage problems around the building, and the roof needs replacement. On a knoll above the main buildings, a mobile home next to the vacant milk barn serves as housing for a District ranger. The approximately 20-year old trailer is near the end of its useful life. The County's requirement for a well if a new mobile home is permitted makes its replacement economically infeasible as costs (infrastructure and home) are estimated at approximately $190,000. Therefore, repair and renovation of the ranch house will provide an opportunity to improve the employee housing, while maintaining the rural character of the site. The La Honda Creek ranch house renovation is identified as a key project in the 2001/2002 Work Program and $30,000 is allocated for planning and design in this year's Staff Facilities budget. Accordingly, staff requested proposals from various architects with expertise in designing additions to early twentieth century rural buildings. Staff determined that Nancy Elizabeth Stoltz was best suited to provide the necessary research and design services due to her extensive experience working on building assessments, providing historic research and documentation, and designing renovations for private clients and public agencies. In addition, Ms. Stoltz is already under contract with the District for $7,100 to provide consultant services for the Red Barn project. The consultant will work directly with Planning staff who will coordinate access to the property and buildings and arrange periodic project review meetings with representatives from the Operations and Acquisitions Departments. The feasibility analysis and schematic design are scheduled for completion by December 21, 2001 and staff anticipates that they will be presented to you along with a construction cost analysis for your consideration during the development of next fiscal year's work program and budget. CEQA COMPLIANCE Staff concludes that entering into this consultant agreement for design services does not constitute a project under the California Environmental Quality Act (CEQA). Therefore, the recommended action is exempt. Any future action taken by the Board to implement the consultant's work, such as approval of construction of the ranch house addition, will be subject to CEQA review at that time. Prepared by: Cathy Woodbury, ASLA/AICP, Planning Manager Contact person: Same as above Regional Open S ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-99 Meeting 0 1-19 August 22, 2001 AGENDA ITEM 4 AGENDA ITEM Authorization to Purchase Workspaces and Office Fumitur from Indoff Inc. for Fiscal Year 2001-2002 GENERAL MAN I N Authorize the General Manager and designees top ase work stations and office furniture from Indoff Inc. at an amount not to exceed$25,000 for fiscal year 2001-2002. DISCUSSION Interior improvements to the District's administrative office at 330 Distel Circle include the construction of a meeting room, new offices, and additional workspaces for staff. In an effort to increase the functionality and efficiency of the overall work environment, staff reviewed the needs of each department for equipment, file storage, and workspaces, and came to these conclusions: additional filing cabinets and shelving are required to accommodate the District's growing files and library, furniture needs to be purchased for the newly constructed offices and workspaces, and replacement furniture is needed for some of the furniture in existing offices. Earlier this year, staff equipped four offices with modular office furniture selected for its quality, versatility, and value. In order to maintain a consistent office decor and provide flexibility for the inevitable rearrangement of office layouts in the future, staff felt that this same modular office furniture would also be the best selection for the new offices. Therefore, staff developed a sample purchase order for new worktables, shelves, and filing cabinets that matched the office furniture purchased several months ago. Vendors were asked to provide itemized price quotations based upon this sample order. Indoff Inc., a local distributor in Campbell,tendered the lowest unit prices and had the best availability of products. The Action Plan and Work Program for fiscal year 2001-2002 included the purchase of new office furnishings (see Report R-01-35). The funds allocated in the Planning Department's budget for the administrative office improvements included$10,000 for new workspaces. The Administration Department's budget included$15,000 for office furniture, built-in shelves, and cabinets. Therefore, staff recommends the District purchase office furniture and workspaces from Indoff Inc. for the remainder of fiscal year 2001-2002 for a total amount not to exceed$25,000. Prepared by: Cathy Woodbury,Planning Manager Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd®openspace.org •Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hasse",Kenneth C.Nitz •Genera!Manager:L.Craig Britton Regional Open 5 )ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-97 Meeting 0 1-19 August 22, 2001 AGENDA ITEM 5 AGENDA ITEM Authorization to Contract with Citation Press for Fiscal Year 2 1-2002, *th an Option to Extend the Contract to Fiscal Year 2002-2003 or Fiscal Year 2 0 1- 002 'th an Option to Extend the GENERAL MANAGER'S RECOMMENDATION f 1 for Authorize the General Manager to enter into a contract for printing services with Citation Press or remainder of fiscal year 2001-2002,for an amount not to exceed$85,000,with an option to extend the contract to fiscal year 2002-2003, subject to further Board approval. DISCUSSION At your meeting the evening of July 25, 2001,you authorized the General Manager to contract with Harbor Printing for printing services for the remainder of this fiscal year(see Report R-0 1-90). The following morning,as staff prepared the contractual agreement in accordance with Board authorization, staff received notice from a regretful Harbor representative that Harbor would be going out of business within three weeks. Apparently,the representatives who submitted the proposal and cost estimates in response to the District's Request for Proposals had not known of the imminent closure. Harbor Printing did agree to print the District's fall issue of the quarterly newsletter, Open Space Views, before closing. Staff must now recommend that you authorize the General Manager to contract with another printing firm to provide for printing services for the remainder of this fiscal year and possibly next fiscal year. You may recall that among the ten proposals received, District staff asked the printers who submitted the five lowest bids to provide further information. Among those five printers was Citation,whose cost estimates for a second sample project were among the two lowest submitted. Citation also possesses a press of the size required for printing of the District's South Skyline brochure,and is familiar with the use of environmentally friendly products,such as recycled/tree-free papers and soy-based inks. Based upon the above criteria, staff recommends contracting with Citation through the end of this fiscal year for the printing services you approved at your February 25h, 2001 meeting to be contracted for with Harbor Printing. Staff recommends you approve the same option to extend the contract to fiscal year 2002- 2003, assuming satisfactory service and future Board approval. Prepared by: Stephanie Jensen,Public Affairs Manager Contact person: Same as above 330 Distel Circle * Los Altos,CA 94022-1404 e Phone:650-691-1200 Fax:650-691-0485 * E-mail: mrosd@openspace.org •Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz -General Manager:L.Craig Britton Claims No. 01-16 Meeting 01-19 August 22, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2312 3,442.20 *1 Accurate Mailings, Inc. Mailings For Fall Newsletter 2313 658.01 Acme&Sons Sanitation Sanitation Services 2314 1,224.58 Allied Auto Works Vehicle Maintenance&Repair 2315 351.50 All Laser Service Printer Repairs 2316 108.00 American Traffic Supply Signs 2317 392.09 Arne Sign&Decal Company Vehicle Decals 2318 48.85 AT&T Telephone Services 2319 221.00 Bill's Towing&Recovery Towing Service 2320 1,091.66 Cal-Line Equipment Company Vehicle Repairs 2321 228.00 Camino Medical Group Medical Services 2322 375.91 Cascade Fire Equipment Company Fire Safety Uniforms 2323 289.49 R.V. Cloud Plumbing Supplies 2324 59.40 Coastside Proflame Propane Tank Rental 2325 485.02 Cole Supply Company Janitorial Supplies 2326 790.00 Communications Specialists Installation of Voice&Data Cables 2327 54.67 Lauren Crook Reimbursement-Books 2328 5,036.90 Design Concepts Trial Brochures&Misc. Graphics 2329 254.43 Direct Advantage Office Furniture 2330 89.60 Emergency Vehicle Systems Vehicle Repairs 2331 404.92 Expanets Telephone Service 2332 3.00 G&K Services Shop Towel Services 2333 18.04 Gardenland Power Equipment Field Supplies 2334 135.00 *2 Half Moon Bay Review Display Ads 2335 239.80 Kelly Howard Reimbursement-Fire Boots 2336 221.36 Hydrotec Irrigation Equipment Service Irrigation Repairs 2337 400.00 Josh Hyles Computer Consultant 2338 58.41 Hyster Sales Company Bobcat Training Books 2339 5,340.22 IBM Computers 2340 298.94 Interstate Traffic Control Field Supplies 2341 19.10 J. Marcel Enterprises Uniforms 2342 15,000.00 Joe's Tractor Service Tractor Service 2343 28.00 Jobs Available Subscription 2344 36.99 Keeble&Shuchat Photography Photo Processing 2345 32.40 Kinko's Photo Processing 2346 1.94 Kwik Key Lock&Safe Company Copy of Key 2347 32.85 Lanier Worldwide, Inc. Copier Usage Fees 2348 1,180.40 Los Altos Garbage Company Garbage Services 2349 56.92 Madco Welding Supplies 2350 1,031.10 MetroMobileCommunications Radio Repairs 2351 25.20 Minton's Lumber&Supply Field Supplies 2352 138.10 Mocean Uniforms 2353 200.00 National Safety Council Membership Renewal 2354 50.00 Nolan, Zinn and Associates Copies of Map Plotting 2355 2,268.40 Old Republic Title Company Title&Escrow Fees 2356 1,249.52 Pacific Bell Telephone Service 2357 39.96 Loro Paterson Reimbursement-Uniform 2358 26.89 Peninsula Digital Imaging Blue Print Copies 2359 625.10 Phototime Slide Production&Duplicates 2360 1,411.31 PIP Printing Printing of Post Cards, Labels&Envelopes Page 1 Claims No. 01-16 Meeting 01-19 August 22, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2361 20.52 Precision Engravers, Inc. Name Tag Engraving 2362 19.81 Rancho Ace Hardware Field Supplies 2363 36.13 Rayne Water Conditioning Water Service 2364 3,641.26 Eric Remington Wildlife Biologist-Thysen Ranch 2365 67.77 *3 Round Table Pizza Local Business Meeting 2366 4,459.32 Roy's Repair Service Vehicle Repairs 2367 125.82 Safety Kleen Solvent Tank Service 2368 200.20 San Francisco Chronicle Subscription Renewal 2369 70.00 David Sanguinetti Reimbursement-Professional Membership 2370 1,191.96 San Jose Mercury News Public Notices 2371 1,664.66 *4 Saratoga Springs Volunteer Recognition Event 2372 6,210.00 Richard Seever Feral Pig Removal 2373 60.00 Jeff Smith Reimbursement-Uniform 2374 112.50 Malcolm Smith Public Affairs Consultant 2375 60.00 Carrie Sparks-Hart Reimbursement-Uniform 2376 35.46 State Board of Equalization Fuel Tax 2377 273.24 Summit Uniforms Uniforms 2378 225.00 Terminix Pest Control 2379 240.00 The Management Center Recruitment Advertisement 2380 565.00 Thoits Insurance New Vehicle Insurance 2381 545.95 Tires On The Go Tires 2382 3,421.64 2M Associates District Coastal Annexation Studies 2383 505.00 UC Regents Professional Class-D. Simmons&Books 2384 46.21 Union 76 Fuel 2385 225.00 Verio Internet Provider 2386 60.60 Verizon Wireless Messaging Service Pager Service 2387 187.95 West Coast Aggregates, Inc. Base Rock 2388 192.00 West Coast Shoe Company Repair of Work Boots 2389 11.04 Wolf Camera Film Development 2390 599.99 Del Woods Reimbursement-Digital Camera 2391 300.00 Roberta Wolfe Recording Services 2392R 608.73 Orchard Supply Hardware Field Supplies 2393R 13.12 *5 UPS Parcel Post Service 2394R 18.12 *6 UPS Parcel Post Service 2395R 356.83 Petty Cash Staff and Volunteer Appreciation Event Supplies, Local Business Meeting Expense, Vehicle Expense, Office Supplies and Resource Documents Total 68,703.81 *1 Urgent Check Issued August 9, 2001 *2 Urgent Check Issued August 10, 2001 *3 Urgent Check Issued August 14, 2001 *4 Urgent Check Issued August 13, 2001 *5 Urgent Check Issued August 18, 2001 *6 Urgent Check Issued August 22, 2001 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors t From: L. Craig Britton, General Manager Date: August 17, 2001 Re: FYI's 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 Regional Open S, ce ------------ �.. --..�.._�. -�........ -.-.. `t....__.. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum August 10, 2001 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: Volunteer Trail Patrol Activity Summary From: 4/1/01 To: 6/30/01 VIOLATIONS OBSERVED C PRESERVES TOTAL PATROL HOURS Coal Creek (28) 3 5 8 El Corte de Madera (28) 1 4 1 1 7 Fremont Older (65) 1 3 1 8 2 15 Long Ridge 42) 3 4 7 Los Trancos (4) Monte Bello (34) 4 1 5 Picchetti (7) 1 1 Pul as Ridge (4) Purisima Creek 35 1 1 2 Rancho (376) 3 1 2 2 2 10 Russian Ridge (40) 2 2 4 Saratoga Gap 2 Sierra Azul (11 Skyline Ridge (42) 1 1 2 St. Joseph's Hill (43) 1 44 6 7 58 Windy Hill _(231 5 3 3 11 TOTAL VIOATIONS 10 62 21 27 5 5** 130 PER VIOLATION TYPE PERCENTAGE OF TOTAL VIOLATIONS* =80/648% 16% 20% 4% 4% 100% Total Violations Observed: 130 Total Volunteer Trail Patrol Hours: 946 (814-Patrol; 132 Training) *Violations of this type as a percentage of the total number of violations observed **2-Eqestrians Speeding (FO); 1-Visitor Smoking (PIC); 2-Visitors throwing rocks at Turkeys (RSA) O COMMITTEE FOR GREEN FOOTHILLS FOR IMMEDIATE RELEASE August 13,2001 Contacts: Denice Dade,Committee for Green Foothills(650)968-7243 Peter Drekmeier,Stanford Open Space Alliance(650)962-9876 x302 NEWS RELEASE Environmental Organizations Rate Santa Clara County's Progress on Implementation of Stanford University's GUP and Community Plan PALO ALTO,CA—In the eight months since Santa Clara County granted Stanford University rights for up to five million square feet of development, the County and Stanford have begun to implement the commitments made under Stanford's Community Plan and General Use Permit(GUP). However,according to a report card released by the Committee for Green Foothills and Stanford Pen OP County Space Alliance the Coun still has much to do in order to implement the portion of the agreement designed to protect open space and environmental resources. The Community Plan Report Card is available from either environmental group,and is also available online at www.GreenFoothills.o gIr=ortcardhtml. Agreement included five key conditions designed to protect the local environment On December 12,2000,the Santa Clara County Board of Supervisors adopted the Stanford Community Plan and GUP, which outlined conditions required for approval of the University's development plan. The plan included numerous requirements;the environmental report card outlines progress to date on five of these conditions aimed at protecting open space and the environment. These include: 1)Implementation of hillside zoning,2) Formation of a Community Resource Group,3)Creation of a Sustainable Development Study,4)Development of a Special Conservation Area Plan,and 5)Trail Dedications. Report card gives good marks for three,but two important areas need work The report card released today gives three of the five commitments a"check"for timely and effective progress to date. The County is fotrriing the Community Resource Group,has begun development of the Special Conservation Area Plan,and is starting to identify potential recreational trails for dedication. However,the report card describes progress on the two most important open space protection measures as inadequate. The Community Plan and GUP require the establishment of protective zoning for the Stanford Foothills,which will be developed through a long process of staff attention and public input. This process has not yet begun or been scheduled. Further,Stanford is required to complete a Sustainable Development Study,which will direct future development on university lands. No start date has been scheduled for this long-term project,which the County must approve before Stanford can begin the second phase of development granted by the 2000 General Use Perrruit. Whale the County is progressing on the other requirements with specific deadlines,these two projects are complex and will require a lengthy process. The County should commit to a start and completion date for each of these significant environmental components. Without a commitment to a schedule, the public has no guarantee of timely or effective implementation of these important protections. Protections designed to mitigate impacts on community "Stanford received some five million square feet of development rights from the County,and this will have a ...csxtiAwed August 13,2001 Press Release o Page 2 tremendous impact on the entire Peninsula,"said Denice Dade,Legislative Advocate for Committee for Green Foothills. "Now we must make sure Stanford follows through on its commitments to mitigate these impacts on its neighbors." The biggest sticking point is expected to be the Sustainable Development Study,an agreement between Stanford and the Santa Clara County Board of Supervisors that will establish the maximum buildout potential to be allowed on Stanford lands. This agreement is crucial,because it will guarantee that Stanford cannot simply continue to grow forever,bringing more and more buildings,people,and traffic congestion into the community every year, "It took two years and 40 public meetings to approve the GUP and Community Kin,"said Peter Drekmeier,Director of the Stanford Open Space Alliance,"but even with all that work,we essentially postponed the big decision,which is how big Stanford University should be allowed to grow. From this experience,we can expect the Sustainable Development Study to take quite a while,yet there has been virtually no progress to date. This worries us,and it should worry Stanford too,because they can't move forward with their second million square feet of academic development until the plan is approved." "Let's not wait until the last minute to start working on the Sustainable Development Study,"agrees Dade. "Me process could easily take two or more years, so we should get the hall rolling as soon as possible. Waiting too long could produce a less thorough buildout study resulting in fewer environmental protections for the community. The completed study is essential to ensuring that our community receives the full environmental protections granted by the Community Plan." Santa Clam County Supervisor Liz Kniss is taking proactive steps to ensure that community concerns are heard. She plans to hold a public meeting in August to discuss the implementation of the Community Plan and GUP,including these five elements addressing environmental protections. Committee for Green Foothills and Stanford Open Space Alliance plan to continue monitoring the implementationof these elements of the Community Plan and General Use Permit to ensure that they are completed in a timely way and will effectively protect the local environment. About Committee for Green Foothills Committee for Green Foothills is a regional grassroots organization working to establish and maintain land-use policies that protect the environment throughout San Mateo and Santa Clara Counties. Committee for Green Foothills, established in 1962,is a Bay Area leader in the continuing effort to protect open space and the natural environment of our peninsula. About Stanford Opts Space Affimce Stanford Open Space Alliance is a.network of students,faculty, staff,alumni,and neighbors dedicated to permanent protection of the Stanford Foothills. ## # The Community Plan Report Card is available online at COMMITTEE FOR 392.t E.Rayshom Road 650,08-7143 PHOwl info@CrmaFoothills.org GREEN FOOTHILLS Palo Alto,CA 94;05 65o,962.81341*- www.GmcnRx)thiIls.org Regional Open Space MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: August 22, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone.-650-691-1200 Fax: 650-691-0485 • E-mail:mrosd@openspace.org • Web sitin. www.openspace-org MEMORANDUM August 22, 2001 To: All Staff From: Dav id To le P Y Subject: AT&T Corporate Family Program for Cellular Phones Rates have decreased but current subscribers must call! Current subscribers of the AT&T Corporate Family Program need to call the number on their phone bill to get the new reduced rate of$.13 per minute. Although the District's rate did change, AT&T needs each employee subscriber to call on their own to get their billing changed. If you have questions on rate changes or want info on the Corporate Family Program please let me know. Regional Open � _ ace ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 22, 2001 John and Nancy Goodrich 205 Cherokee Way Portola Valley, CA 94028 RE: Access to Windy Hill Open Space Preserve via Alpine Road near Willowbrook Drive(Gate WH06) Dear Mr. and Ms. Goodrich: Thank you for your letter dated August 12, 2001 and for your interest in the trails of Windy Hill Open Space Preserve. Staff has been working over the last two months with the property owner of the private inholding to address District concerns over the uneven bridge surface. For this reason, staff has postponed reopening the Alpine Road preserve entrance to horses and bicycles. As of last Thursday,the bridge surface has been improved. The uneven gaps between the running boards have been filled with wooden planks to create a more even surface. These recent bridge modifications will enable the District to reopen the entrance trail to horses and bicycles once proper signage is in place. The start of home construction is tentatively scheduled to begin this fall, contingent upon approval of a building permit from the Town of Portola Valley. This second phase of construction for the home site will reintroduce heavy truck traffic to this area of the preserve. As with any major project,the start of construction implies regular truck traffic to deliver equipment,unload materials,and remove excavated soil, not to mention the number of employee car trips entering and exiting the construction site. The expected high levels of truck traffic through gate WH06 and the heightened potential for conflicts between trail users and construction vehicles along the driveway are raising legitimate trail use conflict issues. Once home construction begins, this entrance to the preserve will be closed on weekdays to all public use, including hiking,to restrict trail users from traveling on the driveway during peak construction activity. Construction will be restricted on Saturdays and Sundays to allow the District to open the area to the public for weekend use. Reopening the entrance to horses and bicycles will also be subject to weekday closures during peak construction periods. We realize that the temporary closure presents an inconvenience to you and other members of the public wishing to access the preserve from gate WH06. We fully appreciate your patience and ask that you please access the preserve from any of the other eight entrances. The District foresaw the likelihood of these temporary inconveniences when it was first offered the opportunity to purchase the 429-acres that now create the lower area of Windy Hill Open Space Preserve. With this purchase was the understanding that 20 acres would be retained by the seller as private land for future single-family residential development. By retaining a developable inholding,the seller was willing to sell the land to the District at a fair price. The District believes that the long-term protection and preservation of the land outweighs these short-term inconveniences. We hope you agree. If you have any additional questions please call Ana Ruiz, Open Space Planner, at(650) 691-1200. Sinc `ely, i L. Craig n o General Manager cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org •Web site:www.openspace.org IMVI Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz General Manager:L.Craig Britton August 12, 2001 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 To Whom It May Concern: We are writing concerning the temporary closure of the horse trail into the Windy Hill preserve from Alpine Rd near Willowbrook Rd. The new bridge and road were finished several months ago and yet the trail is still closed to equestrians. This short portion of the trail is a critical link to the trail system from the Coal Mine Ridge and Portola Ranch/Alpine Rd trails to the Windy Hill trails. Without it we are forced to ride on the shoulder of upper Alpine Rd for almost half a mile. The road is narrow with blind turns, is well traveled by cars and bikes, and is therefore dangerous to horse back riders. We understand that a decision must be made as to whether horses will be allowed on the bridge. From our perspective the bridge is well suited to horse traffic. However, if the conclusion of the Town is that horses should be banned from the bridge, when will the Town be building a horse trail through the river to replace the one that had been there for years? We don't need the bridge but we definitely need the trail. We would appreciate an expeditious reopening of the horse trail. We also look forward to being able to ride the Betsy Crowder trail. Hikers and equestrians have been sharing the Windy Hill trails for years to everyone's benefit. We are all fortunate to have some of the most beautiful trails in the state in our own backyard. Sincerely, John and Nancy Goodrich 205 Cherokee Way EC E � W E Portola Valley, CA 94028 U 650-851-7216 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regional Open 5 -ice August 22, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms.Andrea Muckerman,BRAC Environmental Coordinator Southwest Division Naval Facilities Engineering Command 1220 Pacific Highway, Code 06CH.AM San Diego, CA 92132-5190 RE: Stevens Creek Shoreline Nature Study Area-Initial Comments on the Proposed Toxic Cleanup of Moffett Federal Airfield Site 25, Eastern Diked Marsh and Storm Water Retention Pond Dear Ms. Muckerman: On behalf of the District,I would like to express our support for the U.S.Navy's intent to remediate the contamination present in the wetlands area of the former Naval Air Station at Moffett Field known as Site 25. These wetlands are of vital importance to the health of the San Francisco baylands ecosystem and are valued worldwide for their unique habitat and scenic resources. Unfortunately,only recently did the District became aware of the Navy's proposed Plan for contamination cleanup of the eastern diked marsh and storm water retention pond. Although District property lies within the bounds of the cleanup Plan,we obtained very late notification of the project and then only through an interested third party. As we discussed,the Navy did not separately identify the District's 54-acre Stevens Creek Shoreline Nature Study Area and as a result,the District was not officially notified of this process. This was a surprise for us,as we have been discussing P trail and wetlands issues with representatives of NASA and the Navy for the last 25 years,including Na extend the public extensive comments on the proposed NASA Comprehensive Use clan. We request that theNavy p comment period by a minimum of an additional 60 days to allow the District to further study the proposed Plan and related feasibility studies. Notwithstanding such request,the District submits the following comments and recommendations after a very hurried review of the Plan to meet the current comment period deadline of September 21, 2001. First,I would like to clarify any ambiguities regarding property ownership of the area that is earmarked for cleanup. The District owns and manages the western 54-acre area that the Navy identifies as part of the"storm water retention pond". This property,known as Stevens Creek Shoreline Nature Study Area,was acquired by the District in 1980 and is dedicated as public open space land under Section 5540 of the Public Resources Code of the State of California. The District purchased this marshland property to help preserve a corridor along the Bay for habitat preservation and passive recreation. The District's goals for bayland open space preservation and Bay Trail extensions within Site 25 are identified in the District's Regional Open Space Study and Master Plan that are enclosed for your information. Given that the boundary of the cleanup project includes District property, I expect the Navy to include the District on any future meetings,notices, and discussions regarding the proposed remediation Plan. I also want to take this opportunity to provide feedback regarding the proposed level of cleanup for Site 25 and make a recommendation that considers the District's planned uses for the area. Please realize that the District reasonably anticipates the future tidal restoration of the Stevens Creek Shoreline Nature Study Area. This wetlands restoration project was first identified in a 1980 comprehensive use and management study prepared for the Stevens Creek system entitled "Stevens Creek: A Plan for Opportunities". The study recommends breaching the western levee of the Nature Study Area to create a broad,common marshland restoration area within Stevens Creek slough to allow for natural stream flow,tidal fluctuation, and the establishment of natural meanders. Wetlands restoration for the Nature Study Area is considered highly feasible. In fact,the District is proceeding with a joint project to allow tidal restoration of Ravenswood Open Space Preserve, a former diked salt pond located approximately five miles north in East Menlo Park. The District intends to seek a similar joint project for the Nature Study Area with the expectation of re- establishing a natural tidal habitat that supports fish and piscivorous(fishing eating)birds. 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,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Ms. Andrea Muckerman Naval Facilities Engineering Command August 22, 2001 Page 2 For this reason, the District believes it is a major oversight by the Navy not to consider fish-eating birds as ecological receptors when determining acceptable levels of contaminants present after remediation. At present, the existing storm water retention pond provides an non-natural wetland habitat that does not support fish due to the lack of year-round water. The retention pond has been engineered for drainage purposes by NASA and the Navy and is designed to dry seasonally through the use of pumps. The Remedial Action Objective should be modified to account for the future habitation of fish that will allow the District's future tidal marsh restoration project. The Navy should consider all reasonable future land uses, including the return of tidal marshland on the District open space lands, and re-design the alternative remediation plans accordingly. I urge the Navy to consider expanding the scope of the project and the level of cleanup to account for the District's future wetlands restoration project. The "seasonal wetland" has been artificially created by the Navy and is now being used as a future basis for cleanup standards. The District can only support a complete remediation of the contamination. Anything less, including the proposed 95%contamination cleanup, is unacceptable and will drastically inhibit future District attempts to pursue the Nature Study Area restoration project. We strongly urge that a comprehensive feasibility study be completed to determine what actions are necessary to lower the present contamination to levels that can support the reintroduction of fish and piscivorous bird habitat at the marshlands of Site 25 before proceeding with this project. This study can be used to develop a fourth remedial alternative that will support tidal marshland habitat as a reasonable future land use of Site 25. In summary,the District recommends the following: • Extend the public comment period for an additional 60 days to allow for a more comprehensive review of the Proposed Plan. • Notify the District of all future project discussions. • Include tidal marshland habitat as a reasonable future land use of Site 25. • Include fish-eating birds to the list of ecological receptors. • Modify the Remedial Action Objective to lower the concentration of contaminants to levels that protect fish-eating birds. • Conduct a comprehensive feasibility study to determine the requirements to remediate the contamination to a level that supports fish-eating birds. • Include a fourth remedial alternative that lowers the concentration of contaminants to levels that protect fish-eating birds and evaluate its appropriateness as a potential remedial plan. I would also like to confirm your promise that no remediation plan would be finalized until you have received District "buy-in". Thank you for your consideration of our comments and for your attention to the necessary modifications to this important Plan. Sincer ly, C L. Crai _.- General Manager LCB:ar Enclosure cc: MROSD Board of Directors