Loading...
HomeMy Public PortalAbout20011010 - Agendas Packet - Board of Directors (BOD) - 01-22 Regional Open Sm re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-22 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, October 10,2001 330 Distel Circle Los Altos, California AGENDA* Please Note: 5:30 p.m. Closed Session Start Time 7:30 p.m. Regular Meeting Start Time 5:30 ROLL CALL, SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT--CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel A. Anticipated Litigation—Initiation of Liti ag tion Pursuant to Government Code Section 54956.9(c)—one potential case B. Anticipated Litigation Pursuant to Government Code Section 54956.9(b)—one potential case C. Existing Litigation Pursuant to Government Code Section 54956.9(a) MROSD v. Paulin Case No. 414271 Richmond v. Krone and Bishop et al.,No. CV786195 2. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property— Santa Clara County APN 575-07-001 Agency Negotiator—Michael C.Williams,Real Property Representative Negotiating Party—Linda Jeffery,David Stanton Under Negotiations—Instructions to negotiator will concern price and terms of payment. 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—P. Siemens 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 *m";;] B.AffE Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •Genera/Manager:L.Craig Britton Meeting 0 1-22 Page 2 APPROVAL OF MINUTES 0 August 22, 2001 WRITTEN COMA MCATIONS BOARD BUSINESS 7:40* 1 Determine that the Recommended Action is Exempt from CEQA Under Section 15269(c)of the Guidelines as Specific Actions Necessary to Prevent or Mitigate an Emergency;Determine that the Specific Actions Proposed are Necessary to Prevent or Mitigate an Emergency Situation and to Therefore Waive Formal Bidding for this Contract;and Authorize the General Manager to Execute a Contract with Ground Stability,Inc.for Construction Services in an Amount Not to Exceed$75,000 for Emergency Slope Stabilization at El Corte de Madera Open Space Preserve;and Authorization for the General Manager to Execute a Contract with Cotton,Shires&Associates to Provide Geotechnical Engineering Services in an Amount Not to Exceed$20,500 for Emergency Slope Stabilization at El Corte de Madera Open Space Preserve—D. Simmons 2 Authorization to Purchase and Install a Flagpole and United States Flag at Each District Office: the Administrative Office at Distel Circle,the Skyline Ranger Office,and the Foothills Ranger Office;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Forth in this Report—C.Woodbury 3 Approve the Appointment of Sally Tbielfoldt as the District Clerk for Midpeninsula Regional Open Space District with all of the Duties and Responsibilities Associated with this Job, Including Those Enumerated in the Public Resources Code,the Elections Code, and the Government Code of the State of California—C. Britton REVISED CLAIMS 8:00* INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and Staff 8:15* 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 ordinarilybe limited to three minutes. Alternately, u 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. r Regional Open ice --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-19 REGULAR MEETING BOARD OF DIRECTORS August 22,2001 MINUTES L ROLL CALL President Pete Siemens called the meeting to order at 7:31 p.m. Members Present: Mary Davey, Larry Hassett, Deane Little (7:33 p.m.), Pete Siemens, and Ken Nitz,Nonette Hanko. Members Absent: Jed Cyr. Staff Present: Craig Britton, Cathy Woodbury, Duncan Simmons, Mike Williams, and Lisa Zadek. H. ORAL COMMUNICATIONS-None. M. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. M. Davey seconded, and the motion passed 6 to 0. IV. ADOPTION OF CONSENT CALENDAR N. Hanko removed the July 25, 2001 minutes, K. Nitz removed the revised claims. N. Hanko had a question regarding the vote to the amendment of the trail at Windy Hill. Her recollection was that Director Siemens voted against it, and Director Cyr voted for it. Director Hanko asked for clarification from P. Siemens if his recollection was that he voted for it. C. Britton recalled that J. Cyr was willing to have the whole thing sent back to the committee, not just that item. P. Siemens stated that he voted yes. N. Hanko thanked P. Siemens and C. Britton for their help and moved that the minutes were fine as written. 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 A 1 Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton h Meeting 01-19 Page 2 Staff members answered several questions regarding the revised claims. Motion: K. Nitz moved that the Board adopt the Consent Calendar including approval of the minutes of the July 25, 2001, Special and Regular Meetings; a draft response to an electronic message from Mr. Roy Ferrari, rferrari@yahoo.com; Agenda Item 5,and Revised Claims 01-16. N. Hanko abstained from Claim No. 2339. N. Hanko seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item No. 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, Admit 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—(R-01-100) L. Hassett asked for clarification that the District is not competing with other agencies for a limited pool of funds and that these grants did not compete with each other. C. Britton stated that this was correct. Motion: N. Hanko moved that the Board adopt Resolution No. 01-21 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; and adopt Resolution No. 01-22 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. M. Davey seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 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 Meeting 01-19 Page 3 Attached Corresponding Amendment to the Position Classification and Compensation Plan—(R-01-96). K. Nitz asked how many people are in the Land Acquisitions Department. M. Williams said there were four people currently. P. Siemens had a questions about inserting the language of"in English" in the job description to make it clear that knowledge of the use of proper English is necessary for the jobs at the District. C. Britton stated that use of English is understood. Motion: M. Davey moved that the Board 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; and authorize the filling of the Real Property Specialist position; and approve the attached corresponding amendment to the Position Classification and Compensation Plan. K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 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—(R-01-98). C. Woodbury made a clarification on the report regarding the feasibility study will enable staff to determine whether the District should proceed with construction drawings and specifications and subsequent renovation of the house. Staff won't know what they have until they go through it very carefully. K. Nitz asked if the contract included drawings and other documents. C. Woodbury answered that a report will be generated about the building and include schematic designs. P. Siemens asked if staff knew the cost for renovating the house. C. Woodbury said that the purpose of the contract is to help staff determine what the cost may be. P. Siemens had concerns about the cost and not receiving any plans. C. Woodbury clarified that by schematic design she means a floor plan,just not detailed, but there would be drawings showing how the floorplan could work. P. Siemens asked if staff knew what the additional drawing necessary to do construction would cost. C. Woodbury said that at this point it is unknown because staff doesn't know all of the code requirements. Meeting 0 1-19 Page 4 Motion: N. Hanko moved that the Board 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. D. Little seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 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— (R-0 1-9A. C. Woodbury said that the office improvements were close to completion and staff is ready to get started in getting settled into the new area. K. Nitz asked how much furniture this would purchase. C. Woodbury said that the original allocation was $10,000 to outfit the new office space. There will be four cubicle spaces and one enclosed office. For the remainder of the building there are several new offices that needed furniture, and the shift in staff moving into different spaces which may not function well for them and may require a need for replacement to make it work better. Staff has selected a certain product line and met with different vendors to bid. K. Nitz asked what will happen with the old furniture. C. Woodbury stated that some of it is recycled. Staff has also looked at the Foothills and Skyline offices to see if they have any need of the furniture from the Administration office. C. Britton stated that since the District is a public agency it is not appropriate to give away furniture, it would have to be auctioned. P. Siemens asked if furniture could be sold to employees. C. Britton stated that this was not possible. L. Hassett asked if any consideration was given at looking into the used market, especially with the dot-com's going out of business, to look at items that may never have been used or near-new. He feels that if that is a possibility it is more environmentally correct to do. He also asked if the need to match the current furniture an overwhelming consideration. C. Woodbury stated that there were two reasons; first was the time it takes to search around and find those kinds of furniture which may be available, and the second is that staff is trying to create a type of d6cor once furniture started being purchased. This furniture works well and is very versatile because of the different components. L. Hassett noted that there are firms around (ie: Deco Designs from San Jose)that are able to provide like-new furniture and would like staff to consider referring to them in the future. Meeting 0 1-19 Page 5 Motion: M. Davey moved that the Board 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. N. Hanko seconded the motion. The motion passed 6 to 0. VIL INFORMATIONAL REPORTS M. Davey: 1. Brought in an article about the thistle, "Wicked Weed of the West" to share with the Board. 2. She also brought in copies of the 8-month report-card on the implementation of the Stanford Plan and GUP (General Use Permit). She also announced that Assemblywoman Liz Kniss would be holding a public hearing the next evening. K. Nitz announced that he would be helping out at the District's table at the Palo Alto Art's Festival the upcoming Saturday. N. Hanko: 1. Reported on the front page cover and article in the current Palo Alto Weekly regarding Lois Hogle and mentioned the nice quotes from M. Davey. Channel 6 is planning on airing a one hour program. 2. Reported on the trip to Pescadero. She stated how wonderful the staff presentations were. The locals had a lot of questions, but she found that the majority of the residents welcomed the District to come back through PMAC. Meredith Reynolds suggested the District wait a bit, and another gentleman offered his home to have small groups meet with members of the District. She noted that quite a few of the attendees are"fear ridden" about the District's annexation; she is writing down all of the fears people have and is still receiving calls and letters. P. Siemens went to the Volunteer and Docent Recognition event at Saratoga Springs and thought it was a wonderful event. Noted that a nature center docent, Keith Johnesgaard, was a professor of his wife a number of years ago and enjoyed meeting with him again. L. Hassett: 1. Complimented everyone who was involved in the Pescadero meeting. He also mentioned that he had a number of one-on-one conversations afterward which he thought were helpful in getting the District's message through. He also stated that staff did a great job. 2. He had a great time at the Volunteer Recognition event, and was very impressed with the 12,000 hours of volunteer work this year. 3. He will be giving the District presentation to the Kiwanis Club in Palo Alto. D. Little went on a docent led evening hike. The theme was to view meteors at Black Mountain, and they saw quite a few. The docent did a great job. He was impressed that everyone that made a reservation for this hike showed up, and he complimented staff on fitting him and his guest onto the reservation roster. C. Britton: 1. Handed out the recent copy of the District's annual audit as of March 31, 2001. He mentioned that a special meeting of the Financing Authority will need to be scheduled to pass forward the information of the auditors. 2. He brought to the attention of the Board a letter he had written in response to the Moffit Field clean-up project. He said that A. Ruiz and D. Simmons are involved in the project and that this will become a busy project for the District. Meeting 01-19 Page 6 The District was very involved with NASA on the Master Plan for this area. A. Ruiz attended a meeting and noted that the first 15 people who spoke wanted the area restored to a tidal marsh standard. Their proposal was to restore the area to a 95%level, which is good for what they call a seasonal marsh, but our plan was to return the area to a tidal marsh which has a required clean- up level of 99.9%. C. Britton also met with Andrea Muckerman, the Navy's representative, and their chief consultant who has been working on the study. They said that they would not do a final plan without the District's approval. This could become a similar clean-up problem to the District's Mt. Umunhum clean-up project. K. Nitz asked about the five "bullets" about the fish-eating birds shown on the letter. C. Britton explained that it is critical aspect of the marsh to show that fish-eating birds would be affected if the area was not cleaned up to 99.9%. M. Davey asked if the Federal Government would be paying for this clean-up project. D. Simmons replied that the owners are liable; however, the Na seems to be taking the lead. p Navy g Nobody has suggested that the District is liable. C. Woodbury stated that she enjoyed working with the Board and staff on the presentation at the Pescadero meeting and thought it showed a great team effort. VHL ADJOURNMENT At 8:20 p.m., the meeting was adjourned. Lisa Zadek Recording Secretary Regional Open S ice DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. W. Melvin Brown, M.D. Post Office Box 5447 San Mateo, CA 94402 Subject: Volunteer Liability Form Midpeninsula Regional Open Space District Dear Mr. Brown: Thank you for your letter dated September 18, 2001, hick was considered by the full Board of Directors at our regular meeting of October 10, 20 . The Midpeninsula Regional Open Space District is appreciative of the volunteer work you'have done for the District through Peninsula Open Space Trust(POST). The District is awafe of your knowledge and history with the easements you have monitored over the past°years, and is happy to hear you are willing to continue service directly with the District>,Ve apologize if you have felt mistreated in the District's response regarding Volunteer Liability forms. This was certainly not our intent. Your letter mentions a District fora),central to the cause of concern; I assume this to be the Volunteer Agreement and Release bfLiability form. The language in this form is standard and used by many public agencies. It is needed to protect the District against the risk of lawsuits from circumstances out of theistrict's control. Unfortunately, in this litigious climate and with large volunteer programs, p lic agencies cannot protect themselves against frivolous lawsuits without releases like these. We know valued volunteers like you are not the problem, but we simply cannot risk publi ax dollars by allowing the irresponsible few to jeopardize successful District programs. The anguage is not intended to indicate any suspicion of a volunteer's actions or to impugn u in any way. We greatly value the volunteers who generously give of th/en nd ener to the District. Tt has nefited from your assistance to us as a POST volunteer. I hope you find it pcon ' ue to work directly with the District. S Ps, President BirectorsP 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 6= ®Fw�" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton D E- C E —(Post Off ne Box 5447 MIDPENINSULA REGIONAL OPENSa)2 ,—�Vatzo, 6<::,q 94402 SFACE DISTRICT (650) 344-0657 September 18, 2001 Pete-Siemens,President of the Board Mid-Peninsula Regional Open Space District 330 Distel Circle Los Altos 94022 Dear Sir: I am the Team Leader of the volunteers who, for many years now,have monitored two open space easements the District holds. We have done this through POST and have become quite knowledgeable about the properties. We are willing to continue this volunteer service now directly under MPROSI). BUT we are not willing to be treated as untrustworthy scum and simpletons at that. We have been given forms by the staff which by our signings would unjustly make us liable for negligence and other failings OF THE DISTRICT,not just of our own. This is unjust, inequitable, unfair and insulting. We are willing to sign a document that exonerates the District for errors of omission or commission on our parts but the District should be responsible for its own errors and not slough them off onto people who are already giving of their time and energies on behalf of the District. I am a physician. One of our team is a professional with the United States Geological Survey; another is a retired executive and longtime volunteer with POST. We resent the suspicion in which we are held. It makes us wonder what practices are rife with the District that you should be so suspicious. The District has created a lot of bad feeling in the area in recent times. Isn't it time that you seek to make friends rather than lose them by continuing to alienate members of the public unnecessarily? Sincerely yours, W. Melvin Brown,M.D. cc: Craig Britton Regional Open St ce R-01-117 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-22 October 10, 2001 AGENDA ITEM 1 AGENDA ITEM Determine that the Recommended Action is Exempt from CEQA under Section 15269(c) of the Guidelines as Specific Actions Necessary to Prevent or Mitigate an Emergency; Determine that the Specific Actions Proposed are Necessary to Prevent or Mitigate an Emergency Situation and to Therefore Waive Formal Bidding for this Contract;and Authorize the General Manager to Execute a Contract with Ground Stability, Inc. for Construction Services in an Amount Not to Exceed $75,000 for Emergency Slope Stabilization at El Corte de Madera Open Space Preserve; and Authorization for the General Manager to Execute a Contract with Cotton, Shires&Associates to Provide Geotechnical Engineering Services in an Amount Not o Ex d $20,500 for Emergency Slope Stabilization at El Corte de Madera Open Space Prese e GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended action is exempt from CEQA under Section 15269(c) of the Guidelines as specific actions necessary to prevent or mitigate an emergency. 2. Determine that the specific actions proposed are necessary to prevent or mitigate an emergency situation and to therefore waive formal bidding for this contract. 3. Authorize the General Manager to execute a contract with Ground Stability, Inc. in an amount not to exceed $75,000 to provide construction services for emergency slope stabilization at El Corte de Madera Open Space Preserve. 4. Authorize the General Manager to execute a contract with Cotton, Shires & Associates of Los Gatos in an amount not to exceed $20,500 to investigate geologic conditions, prepare geo-technical plans and specifications, and provide construction oversight services for emergency slope stabilization at El Corte de Madera Open Space Preserve. DISCUSSION At your September 26, 2001 meeting, you authorized settlement of the District's claim for damages resulting from an accident on October 4, 1998 involving a tanker truck leaving Highway 35, plunging approximately 60 feet down a hillside and eventually coming to rest against several trees in El Corte de Madera Open Space Preserve (see Report R-01-111). The incident caused a spill of hydrocarbons. Hazardous materials (Haz-Mat) crews and District staff worked to prevent any migration of the contaminants into a down-slope ephemeral waterway that drains into El Corte de Madera Creek and eventually into San Gregorio Creek, a significant spawning area for steelhead trout, a threatened species listed under the Endangered Species Act. Over the course of the last three years, extensive cleanup was carried out and soil sampling performed. The Environmental Health Unit of San Mateo County certified to the State Regional 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 = ®m:" 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-01-117 Page 2 Water Quality Control Board that proper cleanup of contaminants had occurred and closed its file on September 11, 2001. As set forth in the previous Board Report, on or about August 17, 2001, Augeas Corporation, which had been retained to remediate the soil contamination, without notice to the District, dumped a large quantity of base rock material onto the hillside, causing serious slumping of the hillside toward the ephemeral waterway. Due to this sudden and unexpected action by Augeas, emergency measures must now be undertaken to prevent the improper materials from eroding into the streambed and causing wider harm, particularly prior to the beginning of the rainy season. As part of the settlement you approved, the District and AIG, the insurance carrier, agreed to use Cotton, Shires& Associates to formulate a slope stabilization and restoration plan for cost estimation purposes in the context of the settlement. Cotton, Shires recommended Ground Stability, Inc. as a contractor particularly skilled in situations such as this and who could be available on short notice. The onset of the official wet season on October 15, coupled with the proximity of the site to the ephemeral waterway, makes it critical that the stability of the slope be re-established without delay. Your approval of the General Manager's recommendations would authorize the retention of Cotton, Shires to design and consult on the slope engineering aspects of the project and of Ground Stability, Inc. to perform the work necessary to immediately stabilize the hillside and prevent potential degradation of the nearby ephemeral water course. The work will include appropriate sediment barriers, removal of deleterious materials, filling of existing excavations and installation of appropriate stabilizing elements. CEOA COMPLIANCE Staff concludes that entering into this consultant agreement for engineering services does not constitute a project under California Environmental Quality Act (CEQA). Therefore,the recommended action is exempt. Project construction is exempt from the requirements of CEQA under Section 15269(c) of the Guidelines as specific actions necessary to prevent or mitigate an emergency. Failure to immediately respond to this emergency situation has the potential to cause damage to El Corte de Madera Creek, a tributary of San Gregorio Creek, which is a significant spawning area for steelhead trout, a threatened species listed under the Endangered Species Act. Prepared by: Duncan M. Simmons, Attorney Contact Person: Same as above Regional Open F. ice 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-115 Meeting-0 1-22 October 10, 2001 AGENDA ITEM 2 AGENDA ITEM Authorization to Purchase and Install a Flagpole and United States Flag at Each District Office: the Administrative Office at Distel Circle, the Skyline Ranger ce, and the Foothills Ranger Office GENERAL MANAGER'S RECOMMENDATION 1. Determine that the recommended actions are categorically exempt from the Cali Environmental Quality Act as set forth in this report. 2. Authorize the purchase and installation of a flagpole and a United States flag at each District office: the Administrative Office at Distel Circle, the Skyline Ranger Office, and the Foothills Ranger Office. DISCUSSION In honor of all those who lost so very much on September 11, 2001, and because the District is a public agency, it seems appropriate to have a United States flag displayed at each District office. The total estimated cost of three flagpoles, three flags, and installation materials is less than $10,000. Although these items were not included in the fiscal year 2001/2002 budget, the Planning Department's budget includes $25,500 for unanticipated projects, which is sufficient to fund this project. In the future, it would be the District's intent not to display any flag other than the United States flag and possibly the California State flag. The District will follow the national regulations for display of the United States flag. Excerpts from the US Code: Title 4, Section 6,which pertain to the District state that: (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered ceremoniously. 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 •Genera!Manager:L.Craig Britton R-01-115 Page 2 1 not be displayed on da s when the weather is inclement, except when c The flag should � O g Y an all weather flag is displayed. (d) The flag should be displayed daily on or near the main administration building of every public institution. CEQA COMPLIANCE Project Description The project includes the purchase and installation of a flagpole and a flag at each District office site: the Administrative Office at Distel Circle, the Skyline Ranger Office, and the Foothills Ranger Office. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act) under Section 15303 of the CEQA Guidelines as follows: Section 15303 exempts new construction of limited, small, new facilities and installation of small, new equipment and facilities in small structures. The District will install one flagpole at each office site. The actions are also exempt under Section 15061 b. (3) in that there is no possibility the actions may have a significant effect on the environment. Prepared by: Cathy Woodbury,ASLA/AICP, Planning Manager Anne Koletzke, Planning Administrative Assistant Contact person: Cathy Woodbury, ASLA/AICP, Planning Manager Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-116 Meeting 01-22 October 10, 2001 AGENDA ITEM 3 AGENDA ITEM Appoint Sally Thielfoldt as District Clerk for the Midpenins a Regional Open Space District GENERAL MANAGER'S RECOMMENDATION Approve the appointment of Sally Thielfoldt as the District Clerk for Midpeninsula Regl al Open Space District with all of the duties and responsibilities associated with this job, including those enumerated in the Public Resources Code, the Elections Code, and the Government Code of the State of California. i DISCUSSION j At your regular meeting on March 14, 2001, you approved the appointment of Lisa Zadek as Acting District Clerk for the Midpeninsula Regional Open Space District (see Report R-01-30). This appointment continued until September 4, 2001, when Sally Thielfoldt began her position as the Administration and Human Resources Manager. At this time it is requested that the Board approve the appointment of S. Thielfoldt to fulfill the duties of District Clerk. Prepared by: j Lisa Zadek, Senior Administrative Assistant/Office Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd©openspace.org • Web site:www.openspace.org A= OFREEST 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. 01-19 Meeting 01-22 October 10, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2562 700.00 Aaron's Septic Tank Service Sanitation Services 2510 333.40 ADT Security Services SRO&FRO Alarm Service 2511 10,529.00 Aerial Information Systems, Inc. La Honda Creek Vegetation Mapping 2512 3,360.79 Allied Auto Works Vehicle Maintenance&Repairs 2513 104.60 Arne' Sign& Decal Co., Inc. Vehicle Numbers-Decals 2514 447.61 Avaya Financial Services Telephone System Installment Fee 2515 125.55 Baron Park Supply Co. Plumbing Repair Parts 2516 330.94 Beck's Shoes, Inc. New Ranger Boots 2517 223.20 Big Creek Lumber Redwood Posts-Hickory Oaks Trail 2518 122.49 Browning-Ferris Industries ECM Garbage 2519 18.61 California Water Service Company Water Service-Windy Hill 2520 295.21 Carsonite International SRO Sign Markers 2521 192.30 Cascade Fire Equipment Company Fire Shirts-New Rangers 2522 7,448.52 CDW Government, Inc. 42" HP Design Jet Printer 2523 92.00 City of Brisbane S.M. County Council of Cities Breakfast 2524 1,173.89 R. V. Cloud Plumbing Parts-RSA County Park 2525 229.94 Costco Wholesale Office and Staff Event Supplies 2526 10,045.75 Cotton, Shires&Associates ECM Erosion Control 2527 5,404.53 Cotton, Shires&Associates Old Page Mill Road Repairs-Geotechnical 2528 304.00 County of Santa Clara Dept. of Environmental Health Hazardous Materials Permit-DHF 2529 35.40 C. S. K. Auto, Inc. Vehicle Accessories 2530 99.25 Deluxe Business Forms and Supplies 1099 Laser Print Forms-Tax Filing 2531 6,824.41 Design Concepts Newsletter, Brochure&Calendar Graphics 2532 7,643.37 Dillingham Associates Jacques Ridge Staging Area Consultant 2533 175.44 Dorfman-Pacific Co., Inc. Uniform Caps with sew-on Patches 2534 90.00 Evergreen Environmental Services Hazardous Waste Removal Service-Used Oil 2535 149.36 John Escobar Vehicle Expense 2536 14.56 Federal Express Express Mail Service 2537 69.52 Foster Bros. Security Systems, Inc. Key Duplication 2538 113.51 Matt Freeman Vehicle Expense 2539 61.28 G&K Services Shop Towel Service 2540 370.17 Gardenland Power Equipment Field Supplies 2541 491.93 Goodco Press, Inc. Business Card Printing 2542 2,500.00 Greenbelt Alliance/Bay Area Open Space Council 2001/2002 Bay Area Open Space Council 2543 23.00 Leif Joslyn Yellow Star Thistle Video 2544 705.24 Kinko's Copies-Map Book, Grant Apps. Etc. 2545 9.45 Kwik Key Lock&Safe Co., Inc. Key Duplication and Key Tags 2546 76,284.87 Lasher Auto Center 3 Dodge 4X4 Trucks 2547 900.00 Law Enforcement Psychological Services, Inc. New Recruitment Psychological Testing 2548 849.42 Los Altos Garbage Company M.O. &FRO Garbage Service 2549 20.00 Los Altos Town Crier Annual Subscription 2550 241.65 MCI Worldcom Long Distance Phone-M.O. and SRO 2551 75.00 Magana's Building Maintenance M.O. Kitchen Floor-Clean&Wax 2552 119.82 Brian Malone Reimbursement-Maps&Blankets 2553 281.04 MetroMobileCommunications Radio Repair&Remounting 2554 250.00 Neufeld, Jaffe, Levin&Colantuono, LLP Legal Services 2555 99.62 Northern Energy Propane-Hosking Barn 2556 1,000.00 *1 Old Republic Title Company Acquisition Deposit 2557 1,325.36 Office Depot Office Supplies Page 1 Claims No. 01-19 Meeting 01-22 October 10, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2558 300.00 Office Team Temporary Office Help 2559 628.56 Pacific Bell Telephone Service-Multiple Accounts 2560 25.00 City of Palo Alto Utilities Montebello Back Pack Camp Electric 2561 22.25 Pearson GMC Vehicle Rearview Mirror 2562 502.46 Peninsula Digital Imaging Color Photo Copies&Enlargements 2563 2,762.96 PIP Printing Brochure&Letterhead Printing 2564 88.08 Precision Engravers Name Tag Engraving 2565 10,439.00 Rana Creek Habitat Restoration Native Seed for Restoration Projects 2566 12.03 Rancho Hardware Field Supplies 2567 723.43 Redwood General Tire Co., Inc. Tires 2568 164.42 R.E.I. Uniform Boots-R. Molica 2569 207.27 Royal Brass, Inc. Hydraulic Hoses&Assembly 2570 1,246.02 Roy's Repair Service Vehicle Maintenance&Repairs 2571 300.00 Ana Ruiz Tuition Reimbursement 2572 125.82 Safety-Kleen Solvent Tank Service-FRO 2573 209.25 Saratoga Springs Final Payment-Staff Event 2574 79.10 Second Cup Local Business Meeting Expense 2575 2,760.00 Richard Seever DBA Land Management Resource Pig Removal Services-September 2576 160.56 Shell Oil Fuel 2577 168.15 Skyline County Water District Water Service-ECM&Purisima 2578 76.50 State Comp Worker's Compensation 2579 1,242.00 Summit Uniforms Uniforms-New Recruitment's 2580 1,403.96 Tadco Supply Janitorial Supplies 2581 275.05 Target Specialty Products Round Up Herbicide 2582 1,630.70 Tamara Kan L. H. Creek Vegetation Mapping Assistance 2583 27.99 Turf&Industrial Equipment Co. Tractor Oil&Grease 2584 60.60 Verizon Wireless Pager Service 2585 116.08 West Group Payment Center Legal Books 2586 2,396.50 Tyco/Wildfire Fire Fighting Equipment 2587R 857.11 Bay Construction Services Distel Building Remodel Contractor 2588R 292.17 Home Depot Field Supplies 2589R 697.56 John Maciel Reimbursement-Special Park District Forum 2590R 10,000.00 **** Barry Spitz Authorship Services-District Book 2591R 10.87 UPS Parcel Post Service 2592R 202.19 Petty Cash Local Business Meeting Expense, Vehicle Expense, Office& Nature Center Supplies Total 182,518.64 *1 Urgent Check Issued September 27, 2001 *** In the event Agenda Item#1 is not approved, this claim will not be processed. **** Subject to final execution of a Contract. Page 2 Claims No. 01-19 Meeting 01-22 October 10, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2562 700.00 Aaron's Septic Tank Service Sanitation Services 2510 333.40 ADT Security Services SRO&FRO Alarm Service 2511 10,529.00 Aerial Information Systems, Inc. La Honda Creek Vegetation Mapping 2512 3,360.79 Allied Auto Works Vehicle Maintenance&Repairs 2513 104.60 Arne' Sign&Decal Co., Inc. Vehicle Numbers-Decals 2514 447.61 Avaya Financial Services Telephone System Installment Fee 2515 125.55 Baron Park Supply Co. Plumbing Repair Parts 2516 330.94 Beck's Shoes, Inc. New Ranger Boots 2517 223.20 Big Creek Lumber Redwood Posts-Hickory Oaks Trail 2518 122.49 Browning-Ferris Industries ECM Garbage 2519 18.61 California Water Service Company Water Service-Windy Hill 2520 295.21 Carsonite International SRO Sign Markers 2521 192.30 Cascade Fire Equipment Company Fire Shirts-New Rangers 2522 7,448.52 CDW Government, Inc. 42" HP Design Jet Printer 2523 92.00 City of Brisbane S.M. County Council of Cities Breakfast 2524 1,173.89 R. V. Cloud Plumbing Parts-RSA County Park 2525 229.94 Costco Wholesale Office and Staff Event Supplies 2526 10,045.75 *** Cotton, Shires &Associates ECM Erosion Control 2527 5,404.53 Cotton, Shires &Associates Old Page Mill Road Repairs-Geotechnical 2528 304.00 County of Santa Clara Dept. of Environmental Health Hazardous Materials Permit-DHF 2529 35.40 C. S. K. Auto, Inc. Vehicle Accessories 2530 99.25 Deluxe Business Forms and Supplies 1099 Laser Print Forms-Tax Filing 2531 6,824.41 Design Concepts Newsletter, Brochure&Calendar Graphics 2532 7,643.37 Dillingham Associates Jacques Ridge Staging Area Consultant 2533 175.44 Dorfman-Pacific Co., Inc. Uniform Caps with sew-on Patches 2534 90.00 Evergreen Environmental Services Hazardous Waste Removal Service-Used Oil 2535 149.36 John Escobar Vehicle Expense 2536 14.56 Federal Express Express Mail Service 2537 69.52 Foster Bros. Security Systems, Inc. Key Duplication 2538 113.51 Matt Freeman Vehicle Expense 2539 61.28 G&K Services Shop Towel Service 2540 370.17 Gardenland Power Equipment Field Supplies 2541 491.93 Goodco Press, Inc. Business Card Printing 2542 2,500.00 Greenbelt Alliance/Bay Area Open Space Council 2001/2002 Bay Area Open Space Council 2543 23.00 Leif Joslyn Yellow Star Thistle Video 2544 705.24 Kinko's Copies-Map Book, Grant Apps. Etc. 2545 9.45 Kwik Key Lock&Safe Co., Inc. Key Duplication and Key Tags 2546 76,284.87 Lasher Auto Center 3 Dodge 4X4 Trucks 2547 900.00 Law Enforcement Psychological Services, Inc. New Recruitment Psychological Testing 2548 849.42 Los Altos Garbage Company M.O. & FRO Garbage Service 2549 20.00 Los Altos Town Crier Annual Subscription 2550 241.65 MCI Worldcom Long Distance Phone-M.O. and SRO 2551 75.00 Magana's Building Maintenance M.O. Kitchen Floor-Clean&Wax 2552 119.82 Brian Malone Reimbursement-Maps&Blankets 2553 281.04 MetroMobileCommunications Radio Repair&Remounting 2554 250.00 Neufeld, Jaffe, Levin&Colantuono, LLP Legal Services 2555 99.62 Northern Energy Propane-Hosking Barn 2556 1,000.00 *1 Old Republic Title Company Acquisition Deposit 2557 1,325.36 Office Depot Office Supplies Page 1 Claims No. 01-19 Meeting 01-22 October 10, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2558 300.00 Office Team Temporary Office Help 2559 628.56 Pacific Bell Telephone Service-Multiple Accounts 2560 25.00 City of Palo Alto Utilities Montebello Back Pack Camp Electric 2561 22.25 Pearson GMC Vehicle Rearview Mirror 2562 502.46 Peninsula Digital Imaging Color Photo Copies&Enlargements 2563 2,762.96 PIP Printing Brochure&Letterhead Printing 2564 88.08 Precision Engravers Name Tag Engraving 2565 10,439.00 Rana Creek Habitat Restoration Native Seed for Restoration Projects 2566 12.03 Rancho Hardware Field Supplies 2567 723.43 Redwood General Tire Co., Inc. Tires 2568 164.42 R.E.I. Uniform Boots-R. Molica 2569 207.27 Royal Brass, Inc. Hydraulic Hoses&Assembly 2570 1,246.02 Roy's Repair Service Vehicle Maintenance&Repairs 2571 300.00 Ana Ruiz Tuition Reimbursement 2572 125.82 Safety-Kleen Solvent Tank Service-FRO 2573 209.25 Saratoga Springs Final Payment-Staff Event 2574 79.10 Second Cup Local Business Meeting Expense 2575 2,760.00 Richard Seever DBA Land Management Resource Pig Removal Services-September 2576 160.56 Shell Oil Fuel 2577 168.15 Skyline County Water District Water Service-ECM &Purisima 2578 76.50 State Comp Worker's Compensation 2579 1,242.00 Summit Uniforms Uniforms-New Recruitment's 2580 1,403.96 Tadco Supply Janitorial Supplies 2581 275.05 Target Specialty Products Round Up Herbicide 2582 1,630.70 Tamara Kan L. H. Creek Vegetation Mapping Assistance 2583 27.99 Turf&Industrial Equipment Co. Tractor Oil&Grease 2584 60.60 Verizon Wireless Pager Service 2585 116.08 West Group Payment Center Legal Books 2586 2,396.50 Tyco/Wildfire Fire Fighting Equipment Total 170,458.74 *1 Urgent Check Issued September 27, 2001 *** In the event Agenda Item#1 is not approved, this claim will not be processed. Page 2 Regional Open Space MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manage Date: October 5, 2001 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:65"91-1200 Fax 650-691-W85 • E-mail:mrosd@opensWe-mg • Web site: www.openspwe.mg Page I of I Krist! Webb From: MROSD <mrosd@openspace.org> To: Jack Web Design <jackweb@best.com> Sent: Monday, October 01, 2001 10:14 AM Subject: Re: Please be fair Thank you for your e-mail. Your message will be forwarded to the Board of Directors for their information and review. ----- Original Message ----- From: Jack Web Design <jacIcwLeb@best.com> To: <mrosdgWeqspace,org> U-1 Sent: Friday, September 28, 2001 9:34 PM Subject: Please be fair >Dear members of the MROSD board, > I have read with great concern of the proposed closures to bicycles of > several preserves within MROSD lands. I am also extremely troubled by the >proposed future reductions in bicycle mileage throughout the district. >Responsible mountain biking is an environmentally sound recreation that > should enjoy equal access to these and all trails. No one should be shut out >of tranquil nature experiences, especially mountain bikers, who comprise the >majority of trail users on these public lands that you manage. Please reject >this proposed discrimination against off-road cyclists. > Several studies have also been done that indicate that bikes cause > significantly less damage to trails that Equestrian riding and are most > likely on par with hikers, however this issue is seldom addressed. Please do >what you can to end this discrimination against cyclists. Equal access is >the only fair solution. >Thanks for your time and consideration, > :: Aaron Crozier- CEO :: >Mobile: 415-297-0532 > acaiackwebdesim.-c-om > :: Jack Web Design :: >htt ://www.iackwebdesim.com/ >Web Hosting and Application support >httv://www.iackwebd�esign In ..comihostin g/ 10/1/01 communication 44"��control inc. C 0 M M U N I C A T 1 0 N C O N S U L T A N T S SCOTT MCQUEEN 2633 S. BASCOM AVENUE • CAMPBELL,CA 95008 (408) 377-2900 • (800) 399-6326 • FAX (408) 559-7684 SCOTT@COM-CTL.COM Craig. Thank you for the invitation to be part of your tour of Mt. Umunhum. It was a very nice day and the first time for Kirsten to visit the property. As you know the property is very special to my P rY p Y P Y family. Hearing stories and telling a few of my own from years past brought some very good memories 1 look forward to seeing the clean up process continue and being involved in the master plan of the area. Sincerely, Scott McQueen I I I I I l_ i Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 19, 2001 Honorable Gray Davis VIA FACSIMILE Governor of California (916) 323-4529 RE: Support of SB 497 Dear Governor Davis: On behalf of the Midpeninsula Regional Open Space District, I would like to support Senate Bill 497. This legislation provides a necessary means of ensuring California property owners' compliance with local planning procedures. By permitting up to four lot line adjustments on any parcel without review through the subdivision process, this legislation provides flexibility to private property owners, while controlling runaway subdividing that should be subject to more careful local scrutiny. The current lack of control over lot line adjustments has often resulted in many unintended consequences in the communities in which it has occurred: community planning and services suffer; property prices are inflated and escalate precipitously; the appraisal process is thwarted; and California's already wild real estate market becomes still more unpredictable. The Open Space District's property appraisals and negotiations would benefit from adherence to the improved review of subdivisions that have been proposed. In property negotiations funded with public dollars, the District staff representatives have been thwarted by unruly, last-minute subdividing, and have recognized the need for some measure to stabilize parcel and density counts, such as the provisions contained in SB 497. I urge you to sign SB 497. Sinc ely,' L. Craig B itton General Manager LCB/shj Cc: Honorable Byron Sher Ralph Heim 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 7 ®.'w" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton i