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HomeMy Public PortalAbout20011024 - Agendas Packet - Board of Directors (BOD) - 01-23 w�. Regional Open ►ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-23 REGULAR.MEETING AND SPECIAL MEETING BOARD OF DIRECTORS NIIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday,October 24,2001 330 Distel Circle Los Altos, California AGENDA* 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—P. Siemens ADOPTION OF CONSENT CALENDAR—P. Siemens *** APPROVAL OF MINUTES ■ September 12, 2001 ■ September 26,2001 ■ October 10,2001 *** WRITTEN COMMUNICATION BOARD BUSINESs 7:40* 1 Proposed Addition of the McKannay Property to the Mt.Umunhum Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in This Report;Adopt the Attached Resolution Authorizing Purchase of the McKannay Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report,Including Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve;Indicate your Intention to Withhold Dedication ofthe Pro as Public n S at this Time—M.Williams Property � P� 7:55* 2 Authorization to Solicit Bids for Roof Replacement and Painting of the Red Bam;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 Roof Replacement and Painting of the Red Barn at 150 La Honda Road,La Honda,CA at the La Honda Creek Open Space Preserve— S.Welaratna *** 3 Approval of Tax Allocation Settlement Agreement with Santa Clara County;Authorize the President to Sign the attached Mutual Settlement Agreement and Mutual Release to Resolve Property Tax Allocation Issues—C. Britton *** 4 Authorization to Contract with Precise Mailing, Inc. Mailing Services for the Remainder of Fiscal Year 2001-2002,with an Option to Extend the Contract for Fiscal Year 2002-2003;Authorize the 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org *Web site:www.openspace.org I+>nZI a 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 01-23 Page 2 General Manager to Enter into a Contract for Mailing Services with Precise Mailing,Inc. for the Remainder of Fiscal Year 2001-2002 for an Amount Not to Exceed$18,000,with the Option to Extend the Contract to Fiscal Year 2002-2003 Subject to Further Board Approval—S. Jensen *** 5 Annual Seasonal Trail Closures Information Report;Review and Comment on Proposed Trail Closures;No Formal Board Action is Required—J.Maciel *** REVISED CLAIMS 8:10* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—The Board will convene the Special Meeting at the conclusion of the Regular Meeting Board Business. 1 Approval of New Grant Deeds to San Jose Water Company for the Montgomery Highlands Association Replacement Water System in Conjunction with Acquisition of the Former Krone/Bishop Trust Property Addition to the El Sereno Open Space Preserve; Determine that no Further Environmental Documentation is Required Under the California Environmental Quality Act(CEQA)Based on the Findings as Set Out in This Report;Adopt the Attached Resolution Authorizing the Execution of Necessary Grant Deeds and Other Documents by the General Manager,President of the Board of Directors, or Other Appropriate Board Officer,Adjusting the Area of District Land Being Conveyed to San Jose Water Company for the Montgomery Highlands Association Replacement Water System,But in No Event Greater Than a Total of One (1)Acre in Size—T. Fischer 8:25* INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and Staff 8:40* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed. AgendaJ g of is subject to change 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 PP 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 Opeti 9ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 0 1-21 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS September 26, 2001 MINUTES SPECIAL MEETIlYG I. ROLL CALL President Pete Siemens called the meeting to order at 7:05 p.m. Members Present: Mary Davey, Nonette Hanko,Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens. Members Absent: Jed Cyr. Staff Present: Craig Britton, Duncan Simmons, John Escobar. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:05 p.m. and the Closed Session commenced at 7:05 p.m. The Board concluded the Closed Session at 7:15 p.m. REGULAR MEETING M. ROLL CALL P. Siemens called the Regular Meeting to order at 7:30 p.m. and noted that no reportable actions had taken place in Closed Session. Members Present: J. Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, and Pete Siemens. Members Absent: 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 tgt�;]z fflmz 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 01-21 Page 2 Additional Staff Present: Cathy Woodbury, John Maciel, Michael Williams, Sally Thielfoldt. IV. ORAL COMMUNICATIONS Chuck Jeffery, 2784 Eulalie Drive, San Jose, said he was dismayed and upset at the handling of specific trust issues by the District. He cited what he called negligence regarding appraisals regarding one trustee, stating that his wife, Linda, was excluded. He said this was in reference to the Stanton property in the Sierra Azul, Hicks, Road, Guadalupe Reservoir area. He said his wife is listed as a trustee in the trust, and the District knew that. He was quite concerned and wanted to know what the District's sense of business is. He said his wife would be writing a formal letter to the Board. H. Hanko said the Board was not aware of the matter and would like a report from staff. C. Britton clarified that the Board ordinarily gets involved in acquisitions when there is an option. He would bring the matter of this potential purchase of the property to them in Closed Session. Board members advised Mr. Jeffery to have his wife write a letter to the Board if she wished. V. SPECIAL ORDER OF THE DAY J. Maciel introduced three newly hired rangers: Elisa Wickham, assigned to the Skyline area; and Denise Smith and Anthony Correia, both assigned to the Foothills area. He noted that there was one more vacancy to be filled. VI. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 7 to 0. VII. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding Claims 2590 and 2539. D. Little noted that in the first line of his informational report in the August 8 minutes, the word"non-native" should replace the word"native." Motion: M. Davey moved that the Board adopt the Consent Calendar, including minutes of the Regular Meeting of August 8, 2001 as corrected; Agenda Item 4, Authorize the General Manager to Enter into a Contract with Mike Tobar Excavation of Morgan Hill CA for an Amount Not to Exceed $27M0 ($24 000 Base Bid Plus a$3,000 Contingency) for the Demolition of One Minor Structure and the Removal of Associated Debris at Sierra Azul Open Space Preserve;Agenda Item 5, Authorize Staff to Meeting 01-21 Page 3 Advertise for Bids to Purchase Two Radio Base Station Repeaters; Agenda Item 6, Award of Contract for Roof Repairs to the Administrative Office Building,• Authorize the General Manager to Enter into Contract with All Seasons Roofing Services of San Jose, CA for the Base Bid Amount of$22,844, Plus a Contingency Amount of$6,500, for a Total Contract Amount Not to Exceed $29.344 for the Roof Repair of Approximately S 500 Square Feet of the District's Administrative Office Building; at 330 Distel Circle, Los Altos; and Revised Claims 01-18. J. Cyr seconded the motion. The motion passed 7 to 0. VIH. BOARD BUSINESS A. Agenda Item No. I —Application to Habitat Conservation Fund Program for the Peninsula Open Space Trust(POST)Tunitas Creek Propery_Acquisition Pro l�c ; Determine That the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in this Report, Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Oven Space District Approving the Application to the Habitat Conservation Fund Program for the POST Tunitas Creek Property Acquisition Project— R(_eport R- 01-113 . C. Britton presented the staff report. K. Nitz noted that the staff report said the 1992 Lobitos Creek project was incomplete. C. Britton stated that it is a difficult project, but they will get it done. He noted that the start of a project is defined as the award and execution of the contract. He informed the Board that this acquisition is outside the District's boundary and sphere and they will have to get LAFCO approval to go forward with it. N. Hanko stated that she liked the idea of extending the boundary, especially when there is a possibility of extension of trails to the coast. She stressed that this acquisition is different because the property is not adjacent to the District. She wanted people to recognize that this is a new policy. C. Britton read from the District's policy on acquiring land outside their boundary that listed the exceptions. He added that D. Woods had looked at the land and there definitely could be a trail connection without impacting farmland. He showed where two trails go through the property and converge at the southern end. He said the property consisted of 708 acres. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; and adopt Resolution No. 01-24, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the Local Agency Grant Program Meeting 01-21 Page 4 —Fiscal Year 2001-2002 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: POST Tunitas Creek Property Acquisition. K. Nitz seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2—Authorize the General Manager to Enter into a Contract with the Lowest Responsive Bidder for the Re-Roof Project to the"Ranch House' Employee Residence at Skyline Ridge Open Space Preserve- (Reports R-01-1 12 and R-01-1 12A). M. Williams presented the staff report. L. Hassett noted that he was uncomfortable with the bid process. C. Britton explained that as General Manager, he is authorized to sign contracts up to $10,000, so the bid process was an informal one the first time around. He said staff was comfortable with the single bid because of the earlier informal bids. In regard to the $10,000 limit, the law was changed to $25,000 but only in the East Bay. He was hopeful that that limit would apply to the District by the start of 2003, if new legislation is passed. Motion: M. Davey moved that the Board authorize the General Manager to enter into a contract with Done Right Roofing of Campbell, CA for the base bid of$16,138 plus a contingency amount of 15%, or $4,420, for a total contract amount not to exceed $18,558 for the roof replacement of the employee residence located at 21150 Skyline Blvd., La Honda, CA. K. Nitz seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Proposed Settlement of Claim for Damages to District Property at El Corte de Madera Open Space Preserve. Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQ!A) as set out in the staff report - (Report R-01- 111 . D. Simmons outlined staff's recommendations and added that staff would be returning to the Board in October with a plan for the repairs. He said the hydrocarbons mentioned were gasoline (benzene and MTBE). Motion: K. Nitz 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 adopt Resolution No. 0 1-25,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the President to execute a Release and Settlement Agreement with AIG Insurance Services for the Claim of Damages to District Property Upon Payment of$130,000. N. Hanko seconded the motion. Meeting 01-21 Page 5 Discussion: D. Little asked about the backfill material. D. Simmons said that Cotton Shire had tested samples and felt most of it was acceptable. Vote: The motion passed 7 to 0. IX. INFORMATIONAL REPORTS M. Davey: 1. Last Wednesday C. Britton appeared before the Palo Alto Women's Club and presented the District's new slide show. 2. She said the Mt. Umunhum trip the previous Saturday was a wonderful event. 3. She asked about the status of AB 104. C. Britton said it is on the Governor's desk. M. Davey urged that they send letters of support to the Governor. 4. At the Hidden Villa event the previous Saturday, they gave her a photo which she gave to the District. C. Britton thanked her on behalf of staff and said it was a nice event. He said the fact that they honored M. Davey was wonderful and timely. K. Nitz: 1. On September 20 he went to the public hearing on the co-champion Bay Tree at Rancho San Antonio. He said they want to remove the handball court next to the tree and he had concerns about the effects on the tree. 2. He had participated the previous Saturday in the Smart Growth, San Mateo. He said this was happening in every County. N. Hanko: 1. She praised M. Davey for her speeches. 2. Los Altos had recognized local heroes of open space, and among those honored were Wallace Stegner, N. Hanko, M. Davey, and Tony Look. P. Siemens: 1. He said the Mt. Umunhum trip well-organized and the timing was just right. 2. He said he would be gone through middle of next month. 3. He pointed out the panoramic shots of Mt. Umunhum by David Schwaderer. C. Britton said he could not think of a thing to change about the event and thought it was superb. He commended S. Jensen and her staff. L. Hassett said he was hiking in the Cascades last week. J. Cyr: 1. Five people attended the"Hike with a Board Member." One of the hikers was a former student and others had been on docent-led hikes. He commended staff for installation of the split rail fence. 2. He thought C. Britton's memo regarding the Mt. Umunhum event was superb. 3. He commented on the report from staff regarding seizure of 9,000 marijuana plants in August. 4. He showed pictures of wildflowers on Russian Ridge that his wife had taken and had enlarged. D. Little saw staff in operation on an emergency medivac, and was impressed with their professionalism. C. Britton: 1. He had the agenda for the Not-So-Annual Conference which will be October 18-20. 2. The Deer Hollow Farm event is scheduled for October 7, 3:00 P.M. 3. He reminded the Board of the legislative breakfast in San Mateo County October 13. Meeting 01-21 Page 6 4. He asked the three Budget Committee members (J. Cyr, K. Nitz, and L. Hassett) if they were available on November 14 at 4:00 p.m. 5. The FYI's contained notice of the October 10 meeting of the Financing Authority at 7:15 p.m. Board Members who comprise the committee are N. Hanko, L. Hassett,K. Nitz, and P. Siemens. 6. He said the September 14 recognition of staff was an excellent event. 7. He announced that staff would not be phoning committee members to remind them of meeting times. 8. He talked about the packet that was handed out at the Mt. Umunhum tour, noting that it included a resolution staff hoped other agencies would adopt. He said there would be a tour of the Friends group in the spring. S. Thielfoldt: 1. She reminded Board Members about the amended gift policy. 2. She asked Board members to remind staff when they would be out of town. 3. She read a note from L. Zadek, stating that she had appreciated the opportunity to serve as Acting District Clerk. L. Hassett suggested that in the future they consider canceling the Yom Kippur meeting. C. Britton said that this was a policy matter, and the first time that Yom Kippur had occurred on a District meeting to his memory. J. Maciel: 1. He talked about the Monday lightning fires at the Lambert Creek area. 2. Regarding the concerns regarding concrete removal around the Bay Tree, he said the arborist would be working with staff on monitoring tree health during pad removal. He talked about the timeline. N. Hanko had concerns that the concrete had been beneficial in shading the tree and roots. J. Maciel described the process that will be used to evaluate the demolition. He said that the arborist said the effect of the concrete on the tree has been negative. S. Jensen: 1. On October 6, the District will be participating in the Woodside Environment Day. 2. She said that in a few weeks, the Public Affairs Department would finally be fully staffed. X. ADJOURNMENT At 8:45 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 01-18 Meeting 01-21 September 26, 2001. Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2509 700.00 Aaron's Septic Tank Service Sanitation Services 2510 358.01 Acme&Sons Sanitation Sanitation Services 2511 162.01 ADP, INC. Payroll Implementation 2512 1,158.60 Allied Auto Works Vehicle Repairs 2513 35.00 American Red Cross Certification Cards For BBP Training 2514 43.09 ANG Newspapers Ad For Trail Users Guidebook 2515 610.33 Artscapes Young Framing Picture Framing For Staff Recognition Event 2516 70.64 AT&T Telephone Service 2517 234.19 A T&T Wireless Cellular Phone Service 2518 56.38 Michael Bankosh Uniform Reimbursement 2519 190.08 Baron Welding&Iron Works, Inc. Sign Plates 2520 4,019.84 Bay Construction Services, Inc. Distel Circle Building Remodel 2521 122.49 Browning-Ferris Industries Garbage Service 2522 866.39 Big Creek Lumber Field Supplies-Lumber 2523 81.00 Bill's Towing&Recovery Vehicle Towing Service 2524 4,825.00 BNY Western Trust Company Note Paying Agent Fees-1999&1993 Notes 2525 155.94 Cabela's ATV Ramps 2526 322.01 California Water Service Company Water Service 2527 1,115.00 *1 CALPELRA Conf.IMembership-S.Thielfoldt, J.Escobar 2528 250.00 *2 CalPERS Conference 2001 Conference-S.Thielfoldt 2529 245.00 Cambria Corporation Database Consultant Services 2530 755.00 Camino Medical Services Medical Services 2531 305.00 CARPOSA Registration-G.Baillie, J.Escobar&J.Maciel 2532 330.79 Cascade Fire Equipment Company Fire Shirt-Lettering-"Open Space" 2533 253.52 Cole Supply Co., Inc. Janitorial Supplies 2534 38.35 Contemporary Engraving Co., Inc. Staff Nameplates 2535 663.21 *3 Costco Wholesale Office Supplies 2536 902.50 Cotton, Shires&Associates, Inc. Legal Services-Richmond vs. MROSD 2537 921.50 County of Santa Clara Hazardous Materials Permit-SRO 2538 25.00 *4 County of Santa Cruz EMT Recertification Class-G. Kern 2539 75.00 Craig's List Recruitment Advertisement 2540 60.00 Steve Davison Reimbursement-Trails Workshop 2541 400.00 Eccles Engineering Engineering&Geotechnical Services 2542 1,927.00 Employment Development Department State Unemployment Insurance 2543 128.10 EMED Company Inc. Parking Lot Striping 2544 677.02 Expanets Telephone Service Agreement 2545 145.59 Torn Fischer Vehicle Expense 2546 257.53 Foster Brothers Locks, Keys and Accessories 2547 7,180.00 Freyer&Laureta, Inc. Topographic Survey SRO-Old Page Mill 2548 520.84 Gardenland Power Equipment Field Supplies 2549 122.50 Mary Gilman Reimbursement-Pest Control Supplies 2550 8.48 G. P. Sports Equipment Part 2551 408.36 GreenWaste Recovery, Inc. Garbage Service 2552 39.00 Half Moon Bay Review Subscription Renewal 2553 852.86 Home Depot Field Supplies 2554 58.59 Stephanie Jensen Reimburse-Local Business Meeting Expense 2555 100.00 Jim Davis Automotive Vehicle Smog Testing 2556 172.80 Matt Ken Reimbursement-Uniform Boots 2557 2,350.00 Killroy Pest Control DHF Pest Control Page 1 Claims No. 01-18 Meeting 01-21 September 26, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2558 134.49 Kinko's Printing Services 2559 125.88 Kwik Key Lock&Safe Co., Inc. DHF Lock, Key and Handle/Restroom 2560 58.03 Lab Safety Supply Safety Supplies 2561 315.50 Liebert Cassidy Whitmore Legal Services-Personnel 2562 5,119.20 Lithographix, Inc. South Skyline Trail Brochure Printing 2563 778.40 Los Altos Garbage Service Dumpster Service 2564 320.00 Office Team Temporary Office Help 2565 12.96 Orlandi Trailer, Inc. Trailer Accessory 2566 1,322.02 *5 Orchard Supply Hardware Field Supplies 2567 1,734.72 Pacific Bell Telephone Service 2568 135.00 Loro Paterson Reimbursement-Uniform Items 2569 18.36 Pearson GMC Vehicle Accessory 2570 609.00 Peninsula Air Conditioning, Inc. HVAC Repairs-Leaking Flange-D.C. Bldg. 2571 192.60 PIP Printing Volunteer News Printing 2572 88.08 Precision Engravers Name Tag Engraving 2573 861.31 Precise Mailing Coastal Meeting Postcard Mailings 2574 26.95 Rancho Ace Hardware and Garden Shop Field Supplies 2575 40.92 Roberts&Brune Co. Plumbing Supplies 2576 348.11 Roy's Repair Service Vehicle Maintenance 2577 92.25 Safety-Kleen Solvent Tank Service 2578 1,031.62 San Jose Mercury News Advertisement-Demo Bids &Re-roofing 2579 59.40 Skywood Trading Post Fuel 2580 12.11 Sandra Sommer Vehicle Expense 2581 2,568.00 Santa Rosa Junior College Law Enforcement Academy-4 New Staff 2582 887.90 *6 Serendipity Land Yachts Mt. Umunhum Event Van Rental 2583 1,285.58 Summit Uniforms Uniforms and Accessories 2584 502.00 Thoits Insurance New Vehicle Insurance 2585 920.47 Tires On The Go Tires 2586 114.44 Tooland, Inc. Small Tools 2587 20.84 *7 UPS Parcel Post Service 2588 600.00 Valley Tree Care Hazardous Tree Removal-RSA 2589 344.70 Verio Web Hosting Final Payment-All Accounts 2590 2,053.73 Wildfire Wildfire Pumper Accessories 2591 606.25 *8 Williams Party Rentals Mt. Umunhum Event-Chairs/Umbrellas 2592 300.00 Roberta Wolfe Recording Services 2593R 234.37 AT&T Wireless Service Cell Phone Service 2594R 35,149.29 Bay Construction Services, Inc. Distel Circle Remodeling 2595R 72.54 Expanets Telephone Lease 2596R 1,689.30 First Bankcard 180.79-Business Meeting Expense 501.89-Events 125.00-Seminars 476.35-Field Supplies 15.00-Vehicle Repairs 171.92-Computer Software 218.35-Office Supplies 2597R 122.56 G&K Services, Inc. Shop Towel Service 2598R 125.00 Jams Legal Services 2599R 10,000.00 *9 North American Title Company Acquistion Deposit 2560R 1,000.00 Precision Works, Inc. Asbestos Removal/Williams Property Page 2 Claims No. 01-18 Meeting 01-21 September 26, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT it Amount Name Description 2561R 465.13 Petty Cash Local Business Meeting Expenses, Vehicle Mileage Reimbursement. Seminars and Recognition Event Supplies Total 107,858.55 *1 Urgent Checks Issued September 21, 2001 *2 Urgent Check Issued September 14, 2001 *3 Urgent Check Issued September 19, 2001 *4 Urgent Check Issued September 19, 2001 *5 Urgent Check Issued September 19, 2001 *6 Urgent Check Issued September 14, 2001 *7 Urgent Check Issued September 20, 2001 *8 Urgent Check Issued September 18, 2001 *9 Urgent Check Issued September 24, 2001 Page 3 Regional Open --)ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-22 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 10, 2001 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Deane Little called the roll and called the Special Meeting to order at 5:36 p.m. Members Present: Mary Davey, Larry Hassett, Deane Little, and Ken Nitz Members Absent: Nonette Hanko, Pete Siemens, Jed Cyr Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Stephanie Jensen H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 5:36 p.m. and the Closed Session commenced at 5:36 p.m. The Board concluded the Closed Session at 6:55 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:35 p.m. and noted that no reportable actions had taken place in Closed Session. Jed Cyr attended the Regular Meeting. Additional Staff Present: Michael Williams, Sally Thielfoldt, John Cahill IV. ORAL COMMUNICATIONS Chuck Jeffery, 2784 Eulalie Drive, San Jose, speaking for his wife, Linda, addressed Item 2 on the Closed Session agenda. He objected to the action taken on the item and quoted from Government Code Section 54956.8 that addressed the requirement for a public meeting. He said evidently the matter was rolled over to negotiation. He said negotiation i 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org •Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nanette Hanko, Larry Hassett,Kenneth C.Nitz *General Manager:L.Craig Britton Meeting 01-22 Page 2 was not the issue and that no negotiations would be held until the trust was settled. He said there appeared to be conflict regarding holding of a closed session. S. Schectman stated that the Board did meet in open session prior to the closed session and make the public announcement required by law. During the open session, the Board Vice President announced that they would adjourn to closed session and listed the agenda items that would be discussed. Following the closed session and the convening of the Board's regular meeting, he announced that no reportable action had been taken during the closed session. In addition, she said that the agenda had been posted pursuant to Broom Act requirements. She said the Board had instructed their negotiator during the closed session, but the property owners do not have to negotiate unless they desire to. She said she would talk with Mr. Jeffery if he desired concerning this issue. V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 5 to 0. VI. SPECIAL ORDER OF THE DAY S. Jensen announced that the Public Affairs Department was fully staffed for the first time in 16 months. She introduced Carl Oosterman, Community Programs Supervisor; and Renee Fitzsimons, Docent Programs Coordinator. VH. ADOPTION OF CONSENT CALENDAR K. Nitz removed the draft response to a letter from Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo, and Agenda Item 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. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the Regular Meeting of August 22, 2001; Agenda Item 3, Approve the Appointment of Sally Thielfoldt 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; and Revised Claims 01-19. L. Hassett seconded the motion. The motion passed 5 to 0. i VIH. WRITTEN COMMUNICATIONS Draft response to a letter from Mr. W. Melvin Brown, M.D., P.O. Box 5447, San Mateo. i Meeting 01-22 Page 3 K. Nitz said he felt the letter did not address what Dr. Brown had talked to the Board about. He was informed that Dr. Brown was not the person who had addressed the Board about the same issue. K. Nitz said he would like proof that there were other liability forms that were like the District's. S. Schectman said the letter could say what other agencies use them. C. Britton said he was concerned that the District's policy should not be driven by what other agencies do. L. Hassett said he also had concerns and thought that they were going to look at these issues. He said the language in the letter could be misinterpreted that it placed liability on volunteers for the District's actions. C. Britton said he had talked to S. Schectman and was convinced that the District is doing it right. He said they had talked about bringing the release to the attention of volunteers early in the recruitment process. He said he thought the Board needed more information if they want to consider changing the release. L. Hassett thought it would be wise to include in the letter information about the benefits, such as workers' compensation, that volunteers receive. K. Nitz wanted to list other agencies and include examples of their release forms, as well as the District's. S. Schectman said she had spent a great deal of time talking to the other gentleman and to Public Affairs concerning the volunteer release issue. She had explained that the District has many volunteers and docents who sign the release and that a few volunteers do not like signing it. She said they do not want to offend any volunteers, but it would be hard administratively to change the release for a few people. She said the District's insurers look at the District's risk management procedures and expect the District to be prudent in risk management. D. Little suggested finding out how much insurance rates would increase if the District did not have the waiver. By consensus, the Board agreed that staff would change the letter as directed and check with K. Nitz prior to sending it. IX. BOARD BUSINESS A. Agenda Item No. 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 Necessa[y 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 Meeting 01-22 Page 4 Emergency Slope Stabilization at El Corte de Madera Open Space Preserve— (Report R-01-117). D. Simmons presented the staff report and noted that the project could begin immediately upon Board approval. S. Schectman expressed appreciation for D. Simmons' work on the problem, noting that he had worked on it for a long time. Motion: J. Cyr moved that the Board determine that the recommended action is categorically exempt from CEQA under Section 15264(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; 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; and 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. K. Nitz seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 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— Report 01-115). K. Nitz said he had removed the item from the Consent Calendar because he felt it if there were regulations i in public. He asked tee e e was important that it be discussed p b gu about folding and storage of the flag. C. Britton said staff would follow all regulations regarding the flag. S. Schectman clarified that the regulations are a code of conduct and violations would not be a cause for criminal or civil prosecution. J. Cahill said the poles would be erected as soon as permits were received from . Los Altos and the County. He thought they would be granted quickly. Motions: L. Hassett moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set forth in the staff report; and authorize the purchase and installation of a flagpole and a United Meeting 0 1-22 Page 5 States flag at each District office: the Administrative Office at Distel Circle, the Skyline Ranger Office, and the Foothills Ranger Office. K. Nitz seconded the motion. The motion passed 5 to 0. X. INFORMATIONAL REPORTS J. Cyr said he was looking forward to the Not-So-Annual Conference next week. L. Hassett: 1. He said he was looking forward to the hike he was leading this Sunday. 2. He said he would miss the next meeting as he would be at a convention. 3. He said he had a wonderful time at the Woodside Environmental Day. K. Nitz: 1. He agreed that the Woodside Environmental Day event was enjoyable. 2. He had attended the Smart Growth meeting for San Mateo County. There were 130 attendees and it was very interesting. M. Davey: 1. She thanked Mike Foster for providing the information regarding the District's investments. 2. She agreed that the Woodside Environmental Day was fun. She said the District's display was good and people were interested in it. She commented on the free food, wine, and good band. C. Britton: 1. He said the Deer Hollow Farm event was a nice celebration and talked about the four-way partnership. He noted that Directors Davey, Hassett, and Nitz also attended 2. The San Mateo County legislative breakfast will be on October 13. 3. He had met with Caroline Gale who is analyzing the District's website, and said she had a lot of good ideas. 4. He had introduced S. Thielfoldt to Mike Foster and Skip McIntyre. He had also talked with M. Foster about the guidelines that might be used in budget discussions. 5. He had visited Yosemite and it was spectacular and that if people had not visited it in awhile, they should do so. S. Jensen: 1. She reported that the Mt. Umunhum event had resulted in four cities working on a resolution of support. 2. The Friends of Mt. Umunhum event scheduled for October 26 had been postponed. They thought that considering national events, it was not a good time for it. She said they would continue with education and follow up with the media. 3. She said the History House in Los Altos had opened its Heroes of Open Space exhibit and has arranged for a special showing for the District on November 1. 4. The Bear Creek Thanksgiving event that had been planned to recognize those who helped put the acquisition together has been canceled, and will be held in the spring. 5. She announced that the Spaces and Species program would get underway the next day. XL ADJOURNMENT At 8:24 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary 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 Regional Open '#,)ace DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Robert E. Jensen P.O. Box 555 Pescadero, CA 94060 Dear Mr. Jensen: The Board of Directors reviewed your correspondence at its regular meeting last night. The purpose of the staff presentation in Pescadero on August 15, 2001, was to familiarize our neighbors with the District as an organization, to introduce key staff, talk about the day-to-day activities and programs, and answer questions about the way we do business. Regardless of the proposed coastal annexation, the District, with its lands along Skyline Ridge, is a neighboring property owner to lands on the coast. In keeping with its good neighbor policy, the District works cooperatively with other property owners and agencies to address common problems, exchange information about land management, and assist in responding to emergencies. Director Hanko stated at the Pescadero presentation on August 15 that the District would not use eminent domain within the coastal annexation area. This pledge has been repeated at meetings and public hearings for nearly two years. At its regular meeting on November 10, 1999, the Board of Directors voted unanimously to adopt a policy that required any District acquisition on the coast to be from willing sellers only, without the use of eminent domain. The Draft Service Plan for the Coastal Annexation Area repeats this decision as Permanent Policy P.1. The Draft Service Plan further states that: 0 The policy is to be adopted by ordinance of the District, 0 The District will request that this policy be made a finding by LAFCo in its decision, 0 The policy will serve as an agricultural impact mitigation measure pursuant to the California Environmental Quality Act (CEQA), and The policy will be referenced in every governing document and proposal by the District in connection with the Coastal Annexation Area. The District recognizes that agriculture is a very important rural land use and open space resource within the coastal annexation area. As stated in the Draft Service Plan, the District will develop agricultural policies in consultation with local agricultural interests such as the San Mateo County Agricultural Advisory Committee, the Resource Conservation District and the local Farm Bureau. The agricultural policies will be subject to public review, as is true with all District policies. 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 Robert E. Jensen October 25, 2001 Page 2 As intended by the California Department of Fish and Game, the District is engaged in a long-term study to improve its methods of feral pig control. The goal of the District's current project is to reduce the area rooted by pigs, primarily key grasslands and riparian areas. Preliminary monitoring conducted nine months after the program's inception revealed that there was a reduction in the amount of area rooted. The District readily shares information and communicates with other property owners and agencies facing the problems of feral pig control. There have been numerous meetings about the coastal annexation over the past two years, and the annexation process includes a number of opportunities for public participation. The Draft EIR and supporting studies will be circulated for public review and comment this winter before being certified by the District Board of Directors at a public hearing. Once the District makes the application for annexation, the Santa Clara County LAFCo will hold a public hearing to make recommendations about annexation to the San Mateo County LAFCo. The San Mateo LAFCo will hold public hearings to approve annexation with or without conditions. I encourage you to avail yourself of these opportunities to participate in the public process. Sincerely, Pete Siemens President PS:cw:ak cc: MROSD Board of Directors L. Craig Britton, General Manager Mispeninsula Regional Open Space District 330 Distel Circle los Altos CA 94022 August 16th 2001 Dear Board, Please find enclosed a copy of your flyer advertising your "outreach" to the community. You will note that on this flyer you lead with "Have questions you've always wanted to ask but haven't? I attended the first meeting in Pescadero and was disappointed to find that you had no intention of answering any questions but were simply doing a very slick PR job in an attempt to mislead this community into accepting you. One would have thought that after your last efforts and the resistance that you encountered last year, you might have realized that we are not all stupid. You have had over a year to address the concerns of the Coast and have done nothing. Slick presentations and "we're working on it" will not do. Every time a member of the audience asked a hard question, for example, what have you done to remove eminent domain, something you promised in public forums, you moved right along. Again, what is your Agricultural policy, you again moved right along and clearly demonstrated that you do not have the staff or the expertise to manage the lands you already own need I mention your pig problem? We here on the Coast know the breeding cycle of pigs. Your so called "control efforts" are nothing more than another PR job to convince us that you are doing something (ineffectively). Urbanites may accept that the removal of 150 pigs is OK but we know better. In truth, we coastsiders are closer to the land that you wish to control and know that what you have in place is inadequate. Until you can show that you can effectively manage the land you already have in your control do not come over here and try to snowball us. The South coast voted 2 - I against your annexation, the urbanites voted in favor, annex them. Yours sincerely, Robert E Jensen PO Box 555 Pescadero CA 94060. ;�> . .. . � . � ^ \ . : � � ~ � ^f f! . . � 77 �j , ` / f - \� 7 r ... § ( �/ � ® n � ��a � \ n � . • , �{��:� � � § <m« . n.E � E� ` �\ �7 � � �� \ + :>�/¢ ��� , � � ��\����`�© . � � ��\ a . \ . � Regional Open ,)ace - - 1 Meeting 01-23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 2001 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of the McKannay Property to the Mt. UFunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from atheCaifornia Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached resolution authorizing purchase of the McKannay property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (see attached maul The 162.06-acre McKannay property is located east of Los Gatos and southwest of Almaden Reservoir near the end of Alamitos Road. Situated in the heart of the Alamitos and Herbert Creek watersheds, it is a natural extension of the Mt. Umunhum Area of the Siena Azul Open Space Preserve. The property includes a 3/4 mile segment of Alamitos Creek and the highly visible east-facing slopes of Bald Mountain. Acquisition of the McKannay property will result in the protection of a pristine riparian corridor and valuable wildlife habitat. Alamitos Creek is a key attraction in this area due to its year-round cascading waterfalls,pools,and tree-lined banks. Other property attributes include roads and trails that may someday provide valuable recreational trail connections between Bald Mountain, Almaden Quicksilver County Park,and Mt. Loma Pri eta. The McKannay property is comprised of two non-contiguous areas that are connected by property the McKannays are gifting to Peninsula Open Space Trust(POST). The largest portion of the property, comprised of two parcels totaling 120 acres, is rectangular-shaped and lies to the east of Bald Mountain. It is bounded by District land to the north,northwest, and southeast, and private properties to the south, southwest, and northeast. The smaller triangular portion of the property combines approximately 42 acres and lies approximately 500 feet to the south of the larger property and is bounded by District land to the south, County land to the east, and private property to the west. Alamitos Road and Alamitos Creek,pass through both areas, as well as the proposed POST gift property. The northern portion of the property includes part of Bald Mountain and is characterized by steep chaparral- covered slopes,wooded ravines, and remnants of an olive orchard that apparently dates back to the turn of the twentieth century. A number of natural springs provide water for wildlife, and were probably used to establish the olive orchard. The area is accessible from an unsurfaced road that originates at Alamitos Road and climbs in a northerly direction to a small,graded terrace where a residence was once planned. The road continues to climb in a northwesterly direction, terminating on District land on the south side of Bald Mountain. Near the property's north boundary,there is a remnant of a fire road that may have once connected to Bald Mountain from the Twin Creeks area. The smaller,triangular-shaped portion of the property is located in a densely forested creek canyon and is bisected b Alamitos Creek. The dense forest gives way to oak scrub and chaparral on the upper hillsides. Near Y g Y 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 Azm sl= 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-0I-121 Page 2 the southern boundary, at the end of Alamitos Road,there is a group of structures, including a residence, located in a picturesque creekside setting. On the east side of the building complex, a road climbs steeply up the hillside through District and County lands to a ridgetop fire road. On the opposite side of the canyon,the property's angular western boundary follows a narrow spine-like ridge that descends steeply in a northeasterly direction to the junction of Alamitos and Herbert Creeks. On the lower end of this ridgetop, an adjacent property owner has constructed recreational facilities, including a swimming pond,that appear to straddle the property line. Access from the Alamitos Creek side of the ridge is nearly impossible due to the steep rugged nature of the terrain,but the pond is accessible from the private parcel on the west side of the ridge. Although mostly undeveloped,the property does have a significant number of improvements that include roads, trails,a bridge,gates,water lines and tanks, and a residential complex. The complex includes the main residence, small house trailer, shop,and storage buildings. The house is approximately 1,676 square feet and straddles a tributary to Alamitos Creek. A large shop and storage building are located a short distance to the south at the end of the road leading into the complex of buildings. Adjacent to the shop building are two underground storage tanks. To the north of the main residence,and on the opposite side of the driveway, is a large garage and storage building that houses generators. On the hillside above the garage, a second road leads to a caretaker's house trailer and then climbs further up the hill to an area where two water tanks and a satellite dish are located. Alamitos Road provides access to the residential complex through a small 5-acre parcel of land that is being gifted to POST. A bridge and gate,belonging to the McKannays is located in the southeast corner of the larger rectangular-shaped property near the junction of Alamitos Creek and Herbert Creek. The building complex is approximately two-thirds of a mile south of the gate. Alamitos Road is a County-maintained road to a point just east of the McKannay property. The property was initially part of a larger land holding that was owned by the McKannay family for over a century. The existing main residence incorporates a portion of an older guesthouse located near an historic residence that was completely destroyed by fire. The homesite was located on a flat terrace with a stone wall between the existing residence and shop building. There are no signs of the original McKannay cabin built in the late 1800's on the banks of the creek on the south side of the shop building. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside),requiring a 20-to 160-acre minimum lot size based upon a slope density formula. The property is comprised of two legal parcels and has a potential density of two residential sites. Residential development of the southern half of the northern portion of the property would be feasible due to close-in access and an existing driveway as compared to the northernmost parcel where access is extremely difficult due to steep and unstable hillsides. Lease of Residential Complex Under the terms of the Purchase Agreement,the seller will lease-back the residential building complex on an area containing approximately 5 acres for a period of ten years,and will be permitted to continue the existing residential use of that area. All maintenance and repairs to the lease-area improvements and the entrance road between the McKannys' bridge and the building complex will be the sole responsibility of the McKannays. As part of the lease, the McKannays are permitted to have a caretaker living on the property via a sublease. Phase I Environmental Site Assessment Locus Technologies conducted a Phase I Environmental Site Assessment during the months of August and September 2001. The purpose of Phase I assessments is to identify the presence,or likely presence,of any i R-01-121 Page 3 hazardous substances or petroleum products under conditions indicating existing release,past release,or threat of release into the ground,groundwater,or surface of the property. The process includes site inspections, review of public records,and interviews with persons familiar with the site. Michael Cox, a geologist having a high level of expertise and knowledge of mining activities in and around Almaden Quicksilver County Park, provided a detailed mining assessment to Locus Technologies. The results of the investigation indicated that there are no signs of a current release or potential threat of release, of hazardous materials or waste on the property. However,conditions associated with two underground storage tanks located in the vicinity of the residential complex are unknown. A search of the databases of the United States Environmental Protection Agency(EPA)and California Environmental Protection Agency indicated that there are no identified, or likely-hazardous waste materials on or near the property. A review of historic aerials and topographic maps did not depict conditions or the presence of structures or facilities that would suggest the presence of any potential hazardous materials. The Regional Water Quality Water Board and Santa Clara Valley Water District confirmed that there were no records of contaminated water on site. According to the 2001 Michael Cox Report, confirmed by Locus Technologies,there are no signs of mercury mining activities on or near the property. Two underground storage tanks located between the main residence and shop building were reported by the seller to have been installed by his father between 1975 and 1985. The area above and around the tanks is part of a larger graded driveway and outdoor workspace. Locus Technologies recommended a Phase I1 investigation to observe the size and orientation of the tanks and determine if the tanks have leaked. Phase_II Underground Tank.and Soils Assessment The Phase II Underground Tank and Soils Assessment was undertaken by All Chemical Disposal, Inc. on October 4 and 5, 2001,which excavated around the tanks and took a number of soil borings. The investigation indicated that there are two 1,000-gallon fuel tanks, one of which stored gasoline and the other diesel fuel. Soil samples indicated that there is no significant contamination, and that even if there were minor contamination directly under a tank,the soil could easily be removed and taken to a hazardous materials disposal site. Since the tanks do not meet current standards,they,and any potentially contaminated soil,will be removed in accordance with Federal, State, and County regulations,using the best management practices. Although the tanks are within 100 feet of Alamitos Creek,they are located above the banks of the creek on a graded driveway and can be removed easily without impacting the stream or streamside vegetation. Potential Encroachment On the ridgetop at the northwest edge of the triangular parcel,the adjacent property owner has constructed a swimming pond and related recreational facilities that appear to be, in part,on the McKannay parcel. According to the seller, the potential encroachment was permitted under a verbal agreement between the adjacent property owner and the seller's father. The District, adjacent property owner and seller share the cost of having agreed to have the property line surveyed. Should the pool and related facilities be partially located on the McKannay property,the District and adjacent property owner will seek an agreement to resolve the encroachment,probably by initiating a lot-line adjustment. The costs of the survey and lot line adjustment are anticipated to be approximately$7,000 or$2,333.33 per party. If a lot line adjustment is required with the adjacent property owner, this item will return to the Board for approval as a future agenda item. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. R-01-121 Page 4 Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Tank Removal: Remove the underground storage tanks and,potentially,a small amount of contaminated soils, using the best management practices and complying with all federal, state, and local regulations and procedures. Lease Monitoring: Regularly inspect the lease area to ensure compliance with the lease. Name: Name the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 162.06-acre property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately,the property will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The 5-acre area encompassing the residential complex will be leased and maintained by the sellers for a period of ten years. Two underground storage tanks will be removed. The land will be permanently preserved as open space and maintained in a natural condition. A potential encroachment may be eliminated by means of a lot-line adjustment resulting in no net loss of acreage to the District. The maximum lot line adjustment area is estimated not to exceed 0.2 acres. CAA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15301, 15305, 15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows: Section 15301 exempts the operation,repair and maintenance or minor alteration of existing private or public facilities involving negligible or no expansion of use. Under the terms of the Purchase Agreement,the seller will lease approximately 5 acres of the McKannay property for a period of ten years. The terms of the lease involve the continuation of existing residential rental activities on the property with no expansion of use. Section 15305 exempts minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density including minor lot line adjustments. In the event a survey discloses that the adjacent property owner's pond or recreational facilities encroach on the McKannay property and a lot line adjustment were pursued, it would be very minor,consisting of approximately .2 acres at most. The land to be conveyed to the adjacent owner and to the District would not exceed an average slope of 20%,would not involve any changes in land use or density, and would be very minor. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. R-01-121 Page 5 Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. Section 15330 exempts minor actions to prevent,minimize, stabilize,mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances. This acquisition will include the District undertaking the removal of the underground storage tanks and any potentially small amount of contaminated soils using best management practices and complying with all federal,state and local regulations and procedures. This acquisition qualifies under six sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061,as there is no possibility the actions may have a significant effect on the environment. TERMS &CONDITIONS In May 2001,the District was invited,along with other interested private parties,to submit an offer to acquire the lands of McKannay. Upon review of the District's initial non-binding offer on June 6, 2001,the McKannay family notified the District of its intent to negotiate exclusively with the District. In late September 2001,the McKannay family signed a Purchase Agreement with the District to acquire the 162.06-acre McKannay property at a total purchase price of$2,150,000(approximately$13,267/acre). This price is considered fair and reasonable in this market area,and is further supported by a competing purchase offer received by the McKannay family from a private party. The agreement provides for financing a portion of the purchase price. Such financing would allow the District to pay interest only on amortized principal over a five-to thirty-year term at a market rate determined by the District. This financing may be up to $2,140,000 towards the purchase price or any lesser amount selected by the Seller. Any financing option requested by the Seller would return as a future agenda item to the Board for approval of an amendment to the Purchase Agreement. The McKannay property consists of two legal parcels. One of these parcels is improved with a single-family residence,caretaker trailer residence, and auxiliary structures. As part of this transaction,the McKannay family will enter into a Caretaker/Lease Agreement for a period of ten years. This lease agreement encompasses 5 acres and requires the lessee to assume sole responsibility for maintenance and repair of the structures, including a spring-fed water system and a generator-powered electrical system. The Lessee shall also be responsible for maintenance and repair of the access road, including the bridge that crosses Herbert Creek(see map). The Lessee will continue to keep the gate on Alamitos Road secure and notify the Foothills field staff of any violations or illegal activities in this region of the preserve. The Lessee will pay an annual rent of$600. Considering the high maintenance associated with maintaining these structures,having an on-site caretaker and the services the Lessee will provide under the Lease, including securing this part of the Preserve, staff believes that this lease arrangement is beneficial to the District and an appropriate rental contract. A potential encroachment of an existing swimming pond and related recreation facilities may exist on the ridgetop of the property west of Alamitos Creek. The adjacent property owner to the west has agreed to share equally with the seller and District, a boundary line survey to determine if an encroachment exists. If the boundary survey determines there is an encroachment,the parties have further agreed to pursue a minor lot-line adjustment to resolve any encroachment with no net loss of acreage to the District. The survey and lot-line adjustment costs are estimated not to exceed$7,000 or approximately$2,333.33 per party. R-01-121 Page 6 The property is being acquired on an"as-is"basis. As part of this condition,staff has completed a due diligence inspection and review including a review of title documents, County records, a Phase I Environmental Site Assessment and Phase II Underground Tank and Soils Assessment. As part of this"as-is"transaction,the District is assuming responsibility for the cleanup and removal of the two 1,000-gallon underground storage tanks,with the seller contributing$10,000 in escrow towards the removal and cleanup efforts. The District's contractor,All Chemical Disposal,Inc., estimates the excavation and disposal of the two tanks and cleanup of the site, including the required permits and fees, will be approximately$13,700. In a worst case scenario,where significant contamination is discovered when the tanks are removed,the total cleanup and disposal costs are highly unlikely to exceed$30,000. The District will be responsible for the balance of the cleanup and disposal costs over$10,000. Staff is satisfied with the condition of the property and improvements, and recommends purchase of the property in its"as is"condition. BUDGET CONSIDERATIONS 2001-2002 Budget for Land Acquisition New Land $20,000,000 New Land Purchased this year 2,078,350 McKannay Property 2,150,000 Acquisition Budget Remaining 15.771.650 Controller M. Foster was consulted on these proposed acquisitions and has indicated that,considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative RESOLUTION 01- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT-BARGAIN SALE,AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE— LANDS OF McKANNAY) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement-Bargain Sale and the Caretaker/Lease Agreement,(Exhibit B to the Purchase Agreement)between the Richard H. McKannay Trust and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement and Caretaker Lease Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and Lease and other transactional documents which do not involve any material change to any term of the Agreement the Lease or other transactional documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Four. The General Manager of the District is authorized to expend up to $25,000 to cover the cost of title insurance, escrow fees, clean up associated with underground tank removal, survey costs and other miscellaneous costs related to this transaction. Section Five. It is intended,reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$2,150,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been,or are reasonably expected to be,reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. IiiliAilRfliiRAiiRp NN= BRA iiR piiR6iilRpil(sAifi� aeasnrt�es�eeraesn•v�m eeltlANfltlillitllAllMBABIiLiAMEl1 �ORppRptlRpi➢Rptl4iptlR1 • • . - • •���ds�rltlsi�psRrasei _ IAxItlAX!ltlAtl!ltldAMBS !!: _ ijpypyR{O{��iaR�npnytlyR�p� • �MMi1MMMMNiIMI1 IRp>aRgtliipUM iIi�RPlii (AiiRpN'A / i�;flfiAiiRpAPFipi Rf/A"/f tp>OapiQp>OQp�Q�ii it TA i - . n.: MMMMMl� �i . tl>OQp J7a., �ilRiiiiRpigRVi pilRAi1all •° �dtiMMMMgMM� ��MMMMMMM=. �RpiiiipiiRpiiRpi➢i"pA�Ai1Rp Om (Approx. 33 acres Regional Open ce t 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-119 Meeting 01-23 October 24, 2001 AGENDA ITEM 2 AGENDA ITEM Authorization to Solicit Bids for Roof Replacement and ainting o the Red Barn Located in La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMM NS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA)as set out in this report. 2. Authorize staff to solicit bids for roof replacement and painting of the Red Barn at 150 La Honda Road, La Honda, CA 94062, in La Honda Creek Open Space Preserve. BACKGROUND Roof replacement,painting, and general repair of the Red Barn is a key project identified in Planning's fiscal year 2001-2002 Work Program. One of the main factors driving this project is the significance of the Red Barn. The barn has strong ties to the local ranching community and has served as something of a social center,with its hayloft being the site of numerous barn dances over the years. It is clearly regarded by the local community as a landmark, and is an increasingly scarce building type in California, as innumerable barns have collapsed or have been demolished. Also,the Red Barn is located adjacent to Highway 84,which has been designated a scenic highway by the County of San Mateo, which means that the materials and design used for the repair the barn are subject to approval by the County. Therefore, the District has asked Nancy Stolz,the District's architect and historian consultant,to research the background of the barn and to advise staff on the appropriate materials and design for the required repairs. The Red Barn, originally built around the turn of the twentieth century by the Weeks family,was part of a complex of agricultural buildings on the ranch. A dairy operation evidently succeeded logging and the production of shingles as the dominant activity on the ranch during the first half of the century. The barn is all that survives of that complex of agricultural buildings,which included a smaller barn and a slaughterhouse. The Weeks' family home, located north of the barn and west of the existing corrals,near the present small ranch house,was destroyed by fire in 1948 or 1949. The barn is not a specialized dairy barn,but rather one that housed draft animals and, in its loft, a significant quantity of hay. Sometime relatively early in the twentieth century,an annex was built onto the barn on the side nearest La Honda Road,but other than that,the barn has undergone remarkably few alterations and has a high degree of design integrity. Sufficient evidence of the building's historical significance is present to state that it most likely meets the criteria for the California Register. Another very important issue emerged when bat surveys of the barn,conducted by Paul Heady and Winifred Frick of Central Coast Bat Research Group,confirmed the presence of the pallid bat,a California Species of Concern. Previous surveys had shown that the Red Barn served as a maternity roost for the pallid bat. But,through a more comprehensive,District-wide survey and by speaking with 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 ®FM-9 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-01-119 Page 2 other researchers in this area, staff has learned that the Red Barn is potentially the only pallid bat maternity roost on the peninsula. Consequently,the District has been working with the consultants to ensure that the project is designed in such a way that no harm comes these animals during construction, and that the building continues to remain a habitat for this species of bat. The District is also working with consultants to clean up the bat guano in order to avoid hazardous working conditions for both field staff and outside contractors. There are other issues that must be addressed with this project, including the presence of lead-based paint. Paint chips from the barn,when analyzed by a laboratory,tested positive for lead,which necessitates the specialized services of a painting contractor to correct. Also, due to the damage caused by the leaking roof, dry rot, and termite damage, some sections of the interior roof joists and studs require replacement. DISCUSSION The project requires a sensitive approach. Staff's consultations with an architectural historian/architect, a structural engineer,and bat specialists have provided the necessary information for staff to develop a program of repairs that preserves the historic and aesthetic integrity of the barn and also maintains a quality habitat for the bats. The first steps in repairing the barn are already complete. All the preliminary work has been performed in-house. Skyline field staff worked to repair the foundation on the west side of the barn last year. They replaced the concrete footings and some siding as necessary. They also reinforced some of the rotten studs and posts at that time. The cupola on top of the barn was removed after staff found the structure to be rotten. Skyline field staff rebuilt the cupola to the same design as the original,even using material from the old structure when possible. For new materials, staff milled lumber from a fallen redwood tree on the property. The new cupola is finished,and once it is installed,the roof replacement project can begin. The quality of craftsmanship of both the foundation repairs and the cupola far exceed the standards recommended by our consultant to preserve historic and aesthetic integrity. The proposed roofing project will use replacement materials that are compatible with the original wood shingles used to roof the barn. Based on evidence from early photographs of the barn, and a sample shingle obtained from the roof of the cupola,the consultant determined that the roof shingles were approximately 8 inches by 16 inches in size and appear to have been made of redwood. Under the current roofing proposal,the replacement shingles will be made of cedar treated with a fire retardant in order to meet state and local building codes and fire codes,and will be similar in form and appearance to the original redwood shingles. The roofing contractor will be responsible for obtaining all required permits from the County of San Mateo,removing the existing roof and plywood,replacing those damaged structural members,and installing a new roof. The painting contractor will be responsible for performing lead paint-related work, including the removal of chipping and pealing paint,proper disposal of hazardous materials,encapsulation of remaining paint to prevent further release of contaminated paint into the air and soil,and the choice of a paint color that closely matches the Red Barn's current hue. Construction and repair work for the barn have been carefully planned to minimize impacts on both the bats and their habitat for the short-and long-term. The consultants have already performed a pre- construction survey to verify the presence and location of roosts in the barn for various bat species, paying particular attention to the pallid bats. In total, fifty-one bats were captured,banded,and released. R-01-119 Page 3 This pre-construction survey and identification of individuals will serve as a basis for comparison when the bat colony is surveyed again in the summer of 2002. As the bats will vacate the barn during the winter,migrating to warmer roosts in the south,construction and repair work will be done only during the fall and winter months. Staff expects to solicit bids and request Board approval to award a contract for roofing the barn in November 2001,and anticipates that the new roof will be in place by the end of January 2002. Staff expects to solicit bids from painting contractors in January 2002, and to begin painting only after the roofing is finished. The entire project should be complete by the end of March 2002. Funding At your March 28,2001 meeting,you approved the fiscal year 2001-2002 budget(see Report R-01-45), which included$63,000 to complete the historic and engineering studies for the barn as well as the roofing and the painting. Staff estimates that the allocated budget will be sufficient to fund the consultant work and the entire project. CEOA COMPLIANCE Project Description This project involves exterior maintenance of the existing Red Barn in La Honda Creek Open Space Preserve. The work includes repairing,roofing,and painting of the existing structure. CEOA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15301, 15330 and 15331 of the CEQA Guidelines as follows: Section 15301 exempts operation,repair,maintenance,or minor alteration of existing structures or facilities not expanding existing uses. The proposed project includes repairs to the structure, replacement of the roof,and exterior paint. Section 15330 exempts minor actions to prevent,minimize, stabilize,mitigate,or eliminate the release or threat of release of hazardous waste or substances. The proposed project includes the removal of chipping and pealing paint,proper disposal of hazardous materials,encapsulation of remaining paint to prevent further release of contaminated paint into the air and soil. Section 15331 exempts historical resource restoration or rehabilitation consistent with the Secretary of the Interior's Standards for Rehabilitation. The Red Barn meets the definition of an historical resource as defined by CEQA and the proposed work is consistent with the Secretary of the Interior's standards. Prepared by: Sumudu Welaratna,Planning Technician Contact Person: Mathew Freeman,Open Space Planner Il Regional Open re 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-123 Meeting 01-23 October 24, 2001 AGENDA ITEM 3 AGENDA ITEM Approval of Tax Allocation Settlement Agreement with Santa Clara County I GENERAL MANAGER'S RECOMMENDATIO ' �j Authorize the President to sign the attached Mutual Settlement Agreement and Mutual Release to Resolve Property Tax Allocation Issues. BACKGROUND On January 16, 2000, the District was invited to a"Property Tax Workshop" at the offices of the County of Santa Clara which was presented by the County Director of Finance. All of the property tax receiving agencies were invited to attend. At that meeting, the County revealed their estimated cumulative 12-year over and under tax apportionment allocation, based upon an audit by the State of California. The preliminary information indicated that the District has been under apportioned by$3,775 over the 12-year period(but over paid by $3,239.18 over the last three years); however, some agencies had been overpaid or underpaid by $1 million or more. At the meeting the County also covered such issues as the"AB8 Tax Roll Process," the "Redevelopment and the Unitary Tax Roll Process", and the"1992/93 Into 1993/94 Shift to the Educational Revenue Augmentation Fund (ERAF)." The County then initiated a process to try and reach a mutually acceptable resolution of its tax misallocations. DISCUSSION Most of the tax issues of concern do not involve the District. Further,the allocation 3- ear s statute f h District in property taxes occurredpriorto a t o of 3 775 to st ct ax underpayment $ , p p y Y limitations, which all parties agree would bar any attempt to collect underpaid taxes beyond a 3- year period. For these reasons, I kept informed about the process but did not actively participate in the settlement discussions. It is my feeling that the District may have escaped this problem because District Controller, Mike Foster, alerted me in 1997 to a perceived significant problem in our property tax allocation from the County of Santa Clara. Consequently, the District hired a consultant to review the appropriate records and calculations and, as a result, resolved the tax underpayment issue with Santa Clara County at that time. The County, after meeting with most of the affected agencies, proposed a resolution of all pending tax allocation issues with a"global" Settlement Agreement and Release among all the affected agencies. The Settlement Agreement provides for an equitable redistribution of the disputed tax amounts and is based on the following conditions: 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 O�g 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 R-01-123 Page 2 • All parties will forgive basic aid schools from overpayments because of the adverse impacts to students. Does not affect MROSD. • Underpaid fire districts that were the beneficiaries of prior forgiveness legislation for overpayments to them will waive any recovery of current underpayments. Does not affect MROSD. • Agencies that were overpaid on a 3-year basis but underpaid on a 12-year basis will not be required to repay the overpayments. Affects MROSD. The underpayment of$3,775.00 occurred more than 3 years ago, and, therefore, is not recoverable because of the statue of limitations. However, as apart of the annual tax allocation calculation for the District, an overpayment of$3,239.18 did occur within the last 3 years, but will be forgiven as apart of this settlement. • Agencies that were underpaid on a 3-year basis but overpaid on a 12-year basis will not receive any payment. Does not affectMROSD. • Agencies that were underpaid more on a 3-year basis than on a 12-year basis would have their 3-year loss capped at the 12-year total. Does not affect MROSD. In my opinion, this settlement is fair and equitable as it pertains to the District, as the"net" tax loss over the 12-year period is $3,775.00 and is beyond the 3-year statute of limitations. District General Counsel has also reviewed the Settlement Agreement and found it to be acceptable for District execution. Currently, the following agencies have approved the Settlement Agreement: 1. City of Gilroy 2. City of Monte Sereno 3. County Santa Clara Valley Memorial District 4. Loma Prieta Resource Conservation District 5. Yosemite Community College District 6. Santa Clara Unified School District 7. Fremont High School District 8. Los Gatos High School District 9. Los Altos Fire District 10. City of Milpitas Prepared by: L. Craig Britton, General Manager Contact person: Same as above i SETTLEMENT AGREEMENT AND MUTUAL RELEASE TO RESOLVE PROPERTY TAX ALLOCATION ISSUES This Settlement Agreement and Mutual Release To Resolve Property Tax Allocation Issues ("Settlement Agreement") is made and entered into as of , 2001. 1. Parties This Settlement Agreement is by and among the following parties (including any subsidiary districts, special districts, projects, or redevelopment agencies where the governing body is the same as that of the agency listed below and where such subsidiary agency or district received a tax allocation underpayment or overpayment): 1.2 County of Santa Clara("County") _ tY ( ty ) 1.3_ County Library District ("Library District") 1.4_ City of Campbell ("Campbell") 1.5 City of Cupertino ("Cupertino") 1.6_ City of Gilroy ("Gilroy") 1.7_ City of Los Altos ("Los Altos") 1.8_ Town of Los Alto Hills ("Los Altos Hills") 1.9_ Town of Los Gatos ("Los Gatos") 1.10_ City of Monte Sereno ("Monte Sereno") 1.11_ City of Morgan Hill ("Morgan Hill") 1.12 City of Mountain View Mountain View _ ty ( ) � 1.13_ City of Santa Clara ("Santa Clara") 1.14_ City of Saratoga, ("Saratoga") 1.15_ City of Sunnyvale ("Sunnyvale") 1 11 1.16 Saratoga Cemetery District ("Saratoga Cemetery") 1.17 Saratoga Fire Department ("Saratoga Fire") 1.18 South Santa Clara Valley Memorial District ("Memorial District") 1.19 El Camino Hospital Maintenance District("El Camino Hospital") 1.20 Bay Area Air Quality Management District ("Air Quality") 1.21 Rancho Rinconada.Recreation and Parks District("Rancho Rinconada7) 1.22 Guadalupe/Coyote Resource Conservation District("Guadalupe/Coyote") 1.23 Loma Prieta Resource Conservation District("Loma Prieta") 1.24 Gavilan Water District ("Gavilan") 1.25 Aldercroft Heights Water District("Aldercroft") 1.26 Pacheco Pass Water District ("Pacheco Pass") 1.27 Pacheco Storm Water District ("Pacheco Storm Water") 1.28 Santa Clara Valley Water District("Santa Clara Water") 1.29 Palo Alto Unified School District ("Palo Alto Unified") 1.30 Sunnyvale Elementary School District ("Sunnyvale Elementary") 1.31 Mountain View- Los Altos High School District ("Los Altos High") 1.32 Foothill Community College District ("Foothill") 1.33 West Valley Community College District ("West Valley") 1.34 Gavilan Community College District ("Gavilan") 1.35 San Jose Community College District("San Jose Com. College") 1.36 Yosemite Community College District ("Yosemite") 2 1.37 Santa Clara Unified School District ("Santa Clara Schools") 1.38 Fremont High School District ("Fremont High") 1.39 Los Gatos High School District ("Los Gatos High") 1.40 Santa Clara County Central Fire District ("Santa Clara County Fire") 1.41 Los Altos Fire District ("Los Altos Fire") 1.42 South Santa Clara County Fire District ("South County Fire") 1.43 City of Palo Alto ("Palo Alto") V/144_ Mid peninsula Regional Open Space District ("Mid peninsula") 1.45 City of Milpitas ("Milpitas") 1.46 City of San Jose ("San Jose") 1.47 Purissima Hills Water District ("Purissima Hills") 1.48 Parties other than the County may be referred to as the "Tax Allocation Parties." 2. Recitals 2.1 Revenue and Taxation Code sections 95 through 100, Health and Safety Code Section 33670 et seq., and other applicable California law requires that the County collect property taxes and apportion them to the Tax Allocation Parties. 2.2 In 1997, the County began an internal review and recalculation of its apportionment of property taxes to the Tax Allocation Parties. The County represents that the audit was based on the best available information and required extrapolation of some information. 2.3 After completing the financial review and recalculation on December 15, 2000, the County determined that approximately .0006% of the property taxes collected and apportioned to the Tax Allocation Parties for the recalculation period should have been apportioned in a different manner. 2.4 The revised property tax allocation showed overpayments of property tax to some of the Tax Allocation Parties and underpayments to some of the Tax Allocation Parties. The 3 County represents there is an exact correspondence between the amounts underpaid and overpaid to the Tax Allocation Parties. The County represents the County did not keep or retain any of the property tax funds that were underpaid to Tax Allocation Parties, and all such funds were distributed to those Tax Allocation Parties that were overpaid. 2.6 The County and Tax Allocation Parties have a dispute about whether the County is liable for additional tax payments to underpaid Tax Allocation Parties and whether the County can recover excess tax payments from overpaid Tax Allocation Parties. The County and Tax Allocation Parties agree and acknowledge that litigation to establish the Tax Allocation Parties rights and liabilities for underpayments and overpayments would be protracted, expensive, uncertain, and contrary to the public interest. 2.5 The County and Tax Allocation Parties have now agreed to settle all outstanding claims, disputes and controversies arising out of or in any way related to the County's apportionment of property tax existing between them pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 3. Terms and Conditions 3.1 The County and Tax Allocation Parties agree and consent to settle all of the disputed claims in this matter. 3.2 The County agrees to pay, in full and final settlement of all claims resulting, or that could result from its review and revised allocation of property tax payments, the amount of$1,709,690.88 to the Tax Allocation Parties, as follows: 3.2.1 Campbell - in the total amount of$114,795.33; 3.2.2 Gilroy - in the total amount of$4,589.80; 3.2.3 Los Altos City- in the total amount of$ 6 410.64• 3.2.4 Los Gatos - in the total amount of$26,336.87; 3.2.5 Morgan Hill - in the total amount of$406,897.29; 3.2.6 Mountain View- in the total amount of$58,792.63; 3.2.7 Santa Clara - in the total amount of$359,904.08; 4 3.2.8 Sunnyvale - in the total amount of$182,930.40; 3.2.9 Saratoga Cemetery District- in the amount of$10,390.66; 3.2.10 South Santa Clara Valley Memorial District - in the total amount of $54.32; 3.2.11 El Camino Hospital - in the total amount of$731.27; 3.2.12 Bay Area Air Quality Management District- in the total amount of $2,761.52; 3.2.13 Loma Prieta Resources Conservation District- in the total amount of $2.12; 3.2.14 Pacheco Storm Water District - in the total amount of$0.69; 3.2.15 Santa Clara Valley Water District- in the total amount of$94,927.03; 3.2.16 Palo Alto Unified- in the total amount of$3,082.42; 3.2.17 Sunnyvale Elementary- in the total amount of$49,515.56; 3.2.18 Mountain View- Los Altos High in the total amount of$208,923.67; 3.2.19 Foothill Community College - in the total amount of$47,689.96; 3.2.20 West Valley Community College - in the total amount of$73,059.61; and 3.2.21 San Jose Community College - in the total amount of$58,895.01. 3.3 The County determined through the review and recalculation that the State received an ERAF credit of$922,144.16 which the State should have paid and which should have been distributed to various Tax Allocation Parties. The State has not reimbursed this allocation overpayment by the County. In consideration of settlement of all tax allocation claims, the County agrees to pay in advance 50% of the ERAF reimbursement due the County from the State, and to distribute these funds to the underpaid Tax Allocation Parties on a pro rata basis as set out in Paragraph 3.2. The 50% ERAF payments are included in the total settlement amount for each Tax Allocation Party in Paragraph 3.2 and shown in Exhibit A, attached and incorporated as part of this Settlement Agreement. 5 The County agrees that it will make a good faith effort to claim the full ERAF credit it is owed by the State. If it receives funds to reimburse it for the $922,144.16 overpayment, such funds will be distributed to the County and the Tax Allocation Parties in Paragraph 3.2 as follows: If the County receives the full ERAF reimbursement from the State for$922,144.16, the County will retain 50% of this payment as reimbursement for the 50% ERAF advance the County is making as part of this Agreement, and will distribute the other 50% of the State's ERAF reimbursement to the Tax Allocation Parties in Paragraph 3.2 on a pro-rata basis in accord with the allocations in Paragraph 3.2. If the County is successful in obtaining State ERAF reimbursement for less than the full amount of$922,144.16, the County will retain 50% of the reimbursement and will distribute the remaining 50%to the Tax Allocation Parties in Paragraph 3.2 on a pro-rata basis in accord with the allocations in Paragraph 3.2. If the County does not obtain any ERAF reimbursement from the State, the County will not seek recovery from the Tax Allocation Parties of the 50% advance on these ERAF funds paid pursuant to this Settlement Agreement in Paragraph 3.2. 4. Release 4.1 In consideration of the settlement agreements referred to herein, the County of Santa Clara releases and discharges each Tax Allocation Party that is a signatory to this Agreement and its officers and employees from and against any and all claims, rights demands, actions, obligations, liabilities, and causes of action, whether based on tort, contract, equity or other theory,whether asserted or unasserted, of any kind, nature and character whatsoever, known or unknown, suspected or unsuspected, which it has or may have now or in the future (other than claims arising out of this Settlement Agreement) arising out of or relating in any way to the allocation of property taxes by the County of Santa Clara at any time prior to July 1, 2000, including but not limited to, claims related to the unitary property tax, the one percent AB 8 ad valorem property tax, Redevelopment Agency tax increment amounts, debt service calculations, and the unitary and supplemental tax rolls. 4.2 In consideration of the settlement agreements referred to herein, each Tax Allocation Party that is a signatory to this Settlement Agreement releases and discharges the County of Santa Clara and its officers and employees, and all other Tax Allocation Parties that are signatories to this Agreement from and against any and all claims, rights demands, actions, obligations, liabilities, and causes of action, whether based on tort, contract, equity or other theory, whether asserted or unasserted, of any kind, nature and character whatsoever, known or unknown, suspected or unsuspected, which it has or may have now or in the future (other than claims arising out of this Settlement Agreement) arising out of or relating in any way to the allocation of property taxes by the County of Santa Clara at any time prior to July 1, 2000, 6 including, but not limited to, claims related to the unitary property tax, the one percent AB 8 ad valorem property tax, Redevelopment Agency tax increment amounts, debt service calculations, and the unitary and supplemental tax rolls. 5. Inclusions This Settlement Agreement is intended to resolve all claims and disputes related to apportionment of the unitary property tax, the one percent AB 8 ad valorem property tax, Redevelopment Agency tax increment amounts, debt service calculations, and the unitary and supplemental tax rolls prior to July 1, 2000. 6. Global Settlement It is the intention of all parties to this Agreement that this is a complete and global settlement as to all parties named in paragraph 1, and signature of all parties is a prerequisite of this Agreement. All Tax Allocation Parties agree,that upon signature of this Agreement,they are bound by the terms and conditions of the Agreement upon signature by the County. In the event that all of the named parties to this Agreement do not sign the Agreement, the County, at its sole discretion, shall have the right, but not the obligation, to rescind this Agreement in its entirety. If the County elects to proceed with this Agreement with some, but not all of the signatures of the Tax Allocation Parties, the County and all signing Tax Allocation Parties shall be bound by the terms of the Agreement. The County shall not be bound in any manner by the terms of this Agreement with regard to a non-signing Tax Allocation Party, and shall be at liberty to assert any and all defenses, affirmative defenses and counter-claims against any non-signing Tax Allocation Party named in paragraph 1. 7. No Admission It is understood and agreed that this is a compromise Settlement Agreement and full release in satisfaction of all demands, disputed claims, or potential disputed claims, and that the furnishing of consideration for this Agreement shall not be deemed or construed as an admission of liability or responsibility at any time for any purpose. It is further agreed and understood that this Agreement is being entered into solely for the purpose of avoiding further expense and inconvenience from defending against any and all claims, rights, demands, and litigation, the liability for any and all of which is expressly denied by County. This Settlement Agreement does not represent any admission of liability on the part of any party hereto, each of which expressly denies such liability. 7 8. Applicable Law The parties agree that this Settlement Agreement has been entered into in the State of California, and shall be governed by, and construed and enforced, in accordance with the laws of the State of California. 9. Persons Bound This Settlement Agreement contains the entire agreement among the parties with regard to the matters set forth in it and shall be binding upon the parties hereto, as well as upon all of their respective representatives, predecessors, successors, assigns, agents, partners, officers, directors, employees and counsel. 10. Execution of Aueement 10.1 The parties have carefully read this Settlement Agreement and know and understand the contents, and have signed it freely and voluntarily, after consultation with legal counsel. 10.2 The parties agree that this Agreement may be signed in counterparts and that it shall be fully executed when signed by all parties whether the signatures of all parties appear on the original or one or more copies of this Settlement Agreement. The parties further agree to forward their original signatures on this Settlement Agreement to counsel for the County. 10.3 The parties agree that counsel for the County shall provide a fully executed copy of this Settlement Agreement to each party to this Settlement Agreement. 10.4 The parties further agree that original signatures of each party on this Settlement Agreement are not necessary to enforce this Settlement Agreement. 11. Entire Agreement This Settlement Agreement constitutes the entire Agreement of settlement and release among the parties and there are no other agreements expanding or modifying its terms. The provisions of this Settlement Agreement can only be modified or amended in a writing that expressly states that modification or amendment of this Settlement Agreement is intended. 8 12. Enforceability If any term or provision of this Settlement Agreement shall be found to be illegal or unenforceable, then notwithstandingan such illegality or unenforceabil this Settlement Y g ty t}', Agreement shall remain in full force and effect and such term or provision shall be deemed to be deleted. 13. Benefit and Burden This Settlement Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 14. Severability In the event that any condition or covenant herein is held to be invalid or void by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Settlement Agreement and shall in no way affect any other covenant or condition herein contained. If such condition, covenant or other provision shall be deemed invalid due to scope or breadth, such provisions shall be deemed valid to the extent of the scope of breadth permitted by law. 15. Waiver and Amendment { No breach of an provision hereof can be waived unless in Waiver o writing. Wai of any g y one breach shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. This Settlement Agreement may be amended only by a written agreement executed by the parties at the time of modification. 16. Construction This Settlement Agreement shall not be construed against the parties or their representatives who have drafted it or any portion of it. 17. Time Is Of The Essence Time is expressly declared to be of essence to this Settlement Agreement and every provision hereof. 9 ', l DATED: , 2001 County of Santa Clara By: James T. Beall, Jr., Chairperson Board of Supervisors ATTEST: By: Phyllis A. Perez Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: By: David E. Kahn Lead Deputy County Counsel DATED: 2001 County of Santa Clara("County") By: Its: DATED: 2001 County of Library District("Library District") By: Its: DATED: 2001 City of Campbell ("Campbell") By: Its: 10 DATED: , 2001 City of Cupertino ("Cupertino") By: Its: DATED: ,2001 City of Gilroy("Gilroy") By: Its: DATED: , 2001 City of Los Altos ("Los Altos") By: Its: DATED: , 2001 City of Los Altos Hills ("Los Altos Hills") By: Its: DATED: 92001 City of Los Gatos ("Los Gatos") By: Its: DATED: , 2001 City of Monte Serena ("Monte Sereno") By: Its: 11 I DATED: 2001 City of Morgan Hill ("Morgan Hill") By: Its: DATED: 2001 City of Mountain View ("Mountain View") By: Its: DATED: 2001 City of Santa Clara("Santa Clara") By: Its: DATED: 2001 City of Saratoga("Saratoga") By: Its: DATED: 92001 City of Sunnyvale ("Sunnyvale") By: Its: DATED: 2001 Saratoga Cemetery District ("Saratoga Cemetery") By: Its: 12 DATED: 2001 Saratoga Fire Department("Saratoga Fire") By: Its: DATED: 2001 South Santa Clara Valley Memorial District ("Memorial District") By: Its: DATED: 2001 El Camino Hospital Maintenance District ("El Camino Hospital") By: Its: DATED: 2001 Bay Area Air Quality Management District ("Air Quality") By: Its: DATED: 2001 Rancho Rinconada Recreation and Parks District ("Rancho Rinconada") By: Its: 13 DATED: , 2001 Guadalupe/Coyote Resource Conservation District ("Guadalupe/Coyote") By: Its: DATED: , 2001 Loma Prieta Resource Conservation ("Loma Prieta") By: Its: DATED: , 2001 Gavilan Water District ("Gavilan") By: Its: DATED: , 2001 Aldercroft Heights Water District ("Aldercroft ) By: Its: DATED: , 2001 Pacheco Pass Water District("Pacheco Pass") By: Its: I i 14 i DATED: 72001 Pacheco Storm Water District ("Pacheco Storm Water") By: Its: DATED: 72001 Santa Clara Valle Water District "Santa Clara Y ( Water") By: Its: DATED: , 2001 Palo Alto Unified School District ("Palo Alto Unified") By: Its: DATED: , 2001 Sunnyvale Elementary School District("Sunnyvale Elementary") By: Its: DATED: , 2001 Mountain View-Los Altos High School District ("Los Altos High") By: Its: 15 i DATED: , 2001 Foothill Community College District ("Foothill") By: Its: DATED: , 2001 West Valley Community College District("West Valley") By: Its: DATED: , 2001 Gavilan Community College District("Gavilan") By: Its: DATED: , 2001 San Jose Community College District ("San Jose Community College") By: Its: DATED: 12001 Yosemite Community College District Yosemite By: Its: 16 DATED: , 2001 Santa Clara Unified School District ("Santa Clara Schools") By: Its: DATED: , 2001 Fremont High School District ("Fremont") By: Its: DATED: , 2001 Los Gatos High School District("Los Gatos High") By: Its: DATED: , 2001 Santa Clara County Central Fire District ("Santa Clara County Fire") By: Its: DATED: , 2001 Los Altos Fire District ("Los Altos Fire") By: Its: 17 i i DATED: , 2001 South Santa Clara County Fire District ("South County Fire") By: Its: DATED: , 2001 City of Palo Alto ("Palo Alto") By: Its: DATED: , 2001 Midpeninsula Regional Open Space District ("Midpeninsula") By: Its: DATED: , 2001 City of Milpitas ("Milpitas") By: Its: DATED: , 2001 City of San Jose ("San Jose") BY: Its: 18 DATED: , 2001 City of Purissima Hills Water District ("Purissima Hills") By: Its: DATED: , 2001 Tax Allocation Parties By: Its: K:ZPRQIECMOLL OU7'PROCESSISE77LEAIN7W.LOC AGREEFINAL070201.WPD 19 Detail of(Over)and Under Payments Exhibit A Based on Three Year Statute of Limitation Foot Jurisdiction Three Year Net Summ County Payments Net Underpaid Net Overpaid Included Entities 50%of ERAF Total INCLUDED JURISDICTIONS:(Percent of 3 60.707% 22.417% 83.125% Year Loss Recovered) 7- Countv General TOTAL (858,741.62) County Library TOTAL (237,814.07) Campbell City (16,943.84) Campbell Muni Lighting Dist 49,417,48 Central Campbell Project 105,588.26 Central Campbell'93 Anx 38.34 Campbell TOTAL 138,100.24 83,837.15 30,958.18 114,795.33 Cupertino TOTAL (58,421.56) Gilroy City 5,778.57 Gilroy Parking Dist 1 (256.98) Gilroy TOTAL 5,521.59 3,352.02 1,237.78 4,589.80 Los Altos City TOTAL 7,712.08 4,681.81 1,728.83 6,410,64 Los Gatos Town 27,335.39 Central Los Gatos 4,348.19 Los Gatos TOTAL 31,683.58 19,234.30 7,102.57 26,336.87 Monte Sereno,City (18,880.77) Monte Sereno-Loma Serena Lgt Dist (3,086.28) Monte Sereno-Lexington Dr Maint (1,216.00) Monte Sereno TOTAL (23,183.05) Morgan Hill City (19,959.23) MH Ojo de Agua Project 509,461,85 Morgan Hill TOTAL 489,502.62 297,164.60 109,732.69 406,897.29 Mountain View City, (507,523.93) Parking Dist 2 Mountain View (572,552.93) Mountain View No Bayshore Project 633,976.87 Mountain View Revitalization Project 516,828.27 6. Mountain View TOTAL 70,728.28 42,937.34 15,855.29 58,792.63 Santa Clara City 1,402.28 Parking Dist 122-Santa Clara (322.06) Bridge Dist 1-Santa Clara (565.10) Santa Clara University, Calif R-31 299,667.91 Santa Clara Bayshore N. Project 131,583.15 Santa Clara TOTAL 1 431,766.18 262,114.27 1 96,789 81 358,904.08 6- Jurisdictions with lower underpayments for the 12 year period and paid based on that amount. 7- The"overpayment"of$858,741.62 to the County is actually net of the County's underpayment and the County's assumption of the TEA cities prior year overpayments.In fact,the County suffered an approximate$1.3 million underpayment. Page 20 Detail of(Over)and Under Payments Exhibit A Based on Three Year Statute of Limitation Foot jurisdiction Three Year Net Summary County Payments notes Net Underpaid Net Overpaid Included Entities 50%of ERAF Total Sunnyvale City 68,490.25 Sunnyvale Central Core Project 151,577.35 Sunnyvale TOTAL 220,067.60 133,597.45 49,332.95 182,930.40 Saratoga Cemetery District 12,500.09 7,588.49 2,802.17 10,390.66 6. So Santa Clara Valley Memorial Dist 65.34 39.67 14.65 54.32 El Camino Hospital 879.72 534.06 197.21 731.27 Bay Area Air Quality Mgmt Dist 3,322.15 2,016.79 744.73 2,761.52 Rancho Rinconada Rec&Parks (221.68) Guadalupe/Coyote Resource Cons Dist (23,656.51) Loma Prieta Resource Conservation Dist 2.55 1.55 0.57 2.12 Gavilan Water District (26,591.29) Aldercroft Heights Water District (874.67) Pacheco Pass Water District (57.61) Pacheco Storm Water District 0.83 0.50 0.19 0.69 Santa Clara Valley Water District 114,198.43 69,326.96 25,600.07 94,927.03 Palo Alto Unif 3,708.19 2,251.15 831.27 3,082.42 Sunnyvale Elem 59,567.85 36,162.13 13,353.43 49,515.56 Mt View-Los Altos High 251,337.84 152,580.81 56,342.86 208,923.67 Foothill Comm College 57,371.64 34,828.86 12,861.10 47,689.% West Valley Comm College 87,891.64 53,356.78 19,702.83 73,059.61 Gavilan Comm College (18f883.61) San Jose Comm College 70,851.44 43,012.11 15,882.90 58,895.01 Yosemite Comm College (173.11) Sub-Total Included Jurisdictions 2,056,779.88 (1,248,618.78) 1,248,618.80 461,072.08 1,709,690.88 Exclusion Sub-Total,Page 2 555,678.61 (1,522,7733.19) 0.00 0.00 Grand Total 2,612,458.49 (2,771,351.97) 1,248,618.80 461,072.08 1,709,690.88 6. Jurisdictions with lower underpayments for the 12 year period and paid based on that amount. Page 21 Detail of(Over) and Under Payments Exhibit A Based on Three Year Statute of Limitation F-t Jurisdiction Three Year Net Summary Coun!y P4yMents notes Net Underpaid Net Overpaid Included Entities 509ro of ERAF Total EXCLUDED JURISDICTIONS: Santa Clara Unified (4,502.31) Fremont High (364,495.82) Los Gatos High (206,956.56) Overpaid Basic Aid School TOTAL (575,954.69) Santa Clara County Fire 547,518.12 Saratoga Fire 31,967.42 Los Altos Fire 205,744.92 So Santa Clara Co Fire (357,820.07) 2- Fire District TOTAL 427,410.39 5- K-12,COE, &ERAF TOTAL (922,144.16) Palo Alto City (21,887.67) Calif Ave Parking-PA 492.51 3. Palo Alto TOTAL (21,395.16) 3. Midpeninsula Regional Open Space Dst (3,239.18) Milpitas City (142,807.86) Milpitas City Sanitary Dist (6,264.18) Milpitas 1, 1976 69,131.40 Milpitas l,'79 Anx, Amnd 1 60,978.52 Milpitas 1,'83 Affix,Arrind 2 48,034.82 4. Milpitas TOTAL 29,072.70 4. Los Altos Hills Town TOTAL 4,604.86 1- Overpaid Basic Aid Schools 2. Fire districts which have already benefitted from existing forgiveness legislation. 3. Jurisdictions overpaid for the last three years,but underpaid for the total twelve year period. 4. Jurisdictions underpaid for the last three years,but overpaid for the total twelve year period. 5. State Funding-Schools K-12, County Office of Education, and ERAF Page 22 Detail of(Over)and Under Payments Exhibit A Based on Three Year Statute of Limitation F-t Jurisdiction Three Year Net Summar Count v, Payments notes Net Underpaid Net Overpaid Included Entities 50%of ERAF Total EXCLUDED JURISDICTIONS: San Jose City (218,524.19) Maintenance Dist I San Jose (298.04) Rincon de Los Esteros S. 220,679.96 Rincon de Los Esteros N 116,728.43 Park Center Project (62,929.72) R de Los Esteros Project 735,306.64 Pueblo Uno Project 43,441.61 Edenvale Project 89,070.96 Olinder Project (203,787.05) Julian-Stockton Project 67,157.51 Market Gateway Project 23,986.21 Century Center Project (2,895,81) Guadalupe-Auzerais Project 54,323.97 Rincon De Los Esteros'79 Anx. (844,499.44) Edenvale East Project (68,103.18) Monterey Corridor (40,184.18) Almaden Gateway Project 415.08 San Antonio Park Plaza R 90 148,914.39 4. San Jose TOTAL 58,803.15 Saratoga City (2,110.88) Azule Lighting Dist-Saratoga 5,292.63 Saratoga City Light District 15,755,66 Saratoga Quito Lightning Dist 610.93 SaratogaVillage Parking Dist (49.28) Saratoga Greenbriar Park Maint. 5.74 Saratoga Manor Dr Park Maint. 16.46 Saratoga Fredericksburg Dr Pk Maint. 4.28 4. Saratoga TOTAL 19,525.54 4. Purissima Hills Water 16,261.97 TOTAL 555,678.61 i (1,522,733.19) 1 1. Overpaid Basic Aid Schools 2. Fire districts which have already benefitted from existing forgiveness legislation. 3. Jurisdictions overpaid for the last three years,but underpaid for the total twelve year period. 4. Jurisdictions underpaid for the last three years,but overpaid for the total twelve year period. 5. State Funding-Schools K-12, County Office of Education,and ERAF 6. Jurisdictions with lower underpayments for the 12 year period and paid based on that amount. 7- The"overpayment"of$858,741.62 to the County is actually net of the County's underpayment and the County's assumption of the TEA cities prior year overpayments.In fact, the County suffered an approximate$1.3 million underpayment. Page 23 Regional Open S, ce IS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-118 Meeting 01-23 October 24, 2001 AGENDA ITEM 4 AGENDA ITEM Authorization to Contract with Precise Mailing, Inc. for Mailing Services for the Remainder of Fiscal Year 2001-2002, with an Option to Extend the Contract for Fiscal Year 2002-2003 GENERAL MANAGER'S RECOMME ATION Authorize the General Manager to enter into a contract for mailin services with Precise Mailing, Inc. for the remainder of fiscal year 2001-2002 for an amount not to exceed $18,000, with the option to extend the contract to fiscal year 2002-2003 subject to further Board approval. DISCUSSION District staff solicited requests for proposals for mailing services this fall, and received five proposals. Mailing service firms were asked to provide cost estimates for completion of a sample District mailing project (including all set-up, preparation, sorting, tabbing, indicia usage, and mailing list creation charges). The mailing service firms submitted both estimated processing and postage costs, including per-unit costs for mailing the District's quarterly newsletter, as well as any associated costs for list creation and mailing the newsletter to residents of the San Mateo County Coast. They were asked to confirm that all pre-sort discount information received from the post office would be turned over to the District. They were also asked to confirm their expected processing time and to ensure their firm could meet the District's newsletter production schedule. References and information regarding the mailing service firms' general background and qualifications were also requested. Among the proposals received for a key sample project (mailing of the District's quarterly newsletter to the District's mailing list), one proposal was not considered, as the processing cost submitted was extremely low ($880) and not considered reliable, given the scope of services required. Moreover, this proposal did not include all of the required elements. Two additional proposals were eliminated, as the total costs (processing and postage costs combined) for mailing services were high, particularly for the mailing to coastal residents, and not considered a good value for the services provided. The total costs for these two proposals ranged from $4,355 to $6,922 for mailing of the quarterly newsletter to the District's mailing list, and from $8,509 to $11,856 for mailing to coastal residents as well. The remaining two proposals were further compared based upon cost estimates, expected processing time, and mailing list "hygiene/purge" services. Among these two proposals, the total cost estimates ranged from $4,230 (.2286 cents per unit) to $4,251 (.2298 cents per unit) for 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 ft�z O REFS, 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-01-118 Page 2 mailing the newsletter to the District's mailing list. The total cost for a mailing to coastal residents ranged from a very similar $7,104 (.222 cents per unit)to $7,490 (.234 cents per unit). With regard to the expected processing times, one proposal confirmed a three-business-day processing time and the other a four-business-day processing time. Mailing list"hygienetpurge" services were also compared and estimated by one proposal to be as low as $200 and by the other to be near $250. Based upon these cost and performance criteria, staff recommends contracting with Precise Mailing, Inc. The proposal received from Precise Mailing, Inc. was clear, professional, and of a high quality. The highly competitive cost estimate for the sample project, with a lower total cost of$4,230 on the regular District newsletter mailings, and a very slightly higher cost of$7,490 on the less frequent mailing to the coast, indicates that Precise Mailing, Inc. would deliver professional mailing services at an excellent value. In addition, because of Precise Mailing, Inc.'s written offer of a 3% discount below any written competitive bid from a local provider on the processing costs, its exceptional processing time of three business days, and its lower cost for mailing list"hygiene/purge" services, staff feels this mail house is a superior business. In addition, the District worked with Precise Mailing, Inc. on one recent mailing project where this firm demonstrated a high level of customer service, suggested ways the District could receive the lowest postage rates, and successfully processed the mailing on very short notice. Given the overall quality and value of Precise Mailing, Inc.'s proposal, staff recommends the District contract with Precise Mailing, Inc. for the remainder of fiscal year 2001-2002 for an amount not to exceed $18,000, with the option to extend the contract, subject to further Board approval, for fiscal year 2002-2003. Prepared b : P Y i Webb, Public Affairs Knst eb , Specialist Contact person: Stephanie Jensen, Public Affairs Manager I Regional Open S ce g p s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-120 Meeting 01-23 October 24, 2001 AGENDA ITEM 5 AGENDA ITEM Annual Seasonal Trail Closures Informational Report GENERAL MANAGER'S RECOMMENDAIION---G sI� Review and comment on proposed trail closures. No formal Board action is required. DISCUSSION I At your August 24, 1988 meeting, you asked to be informed prior to any action that may be taken regarding the closing of any trail to bicycle and/or equestrian use. Attached is the memorandum dated October 15, 2001 from the Operations Manager outlining this year's trail closure recommendations. The recommendations include implementation of the Board's direction on trail use policies. It is staff's intention to prepare materials over the next year which will allow the Board to make final decisions on the status of many of the trails which are now designated as being closed on an interim basis. The General Manager intends to approve staff trail closure recommendations, contingent upon your comments and any public input at your October 24 meeting. Prepared by: Gordon Baillie, Management Analyst Contact person: John Maciel, Operations 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 � O :" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM October 15, 2001 TO: Craig Britton, General Manager FROM: John Maciel, Operations Mana* SUBJECT: Recommendation for Interim and Seasonal Trail Closures to Bicycle and Equestrian Use Each year you report to the Board on the trails you propose to close to equestrian and/or bicycle use during wet conditions. Closures are designated as seasonal and interim closures, and are based on concerns for trail safety and resource damage during winter conditions. The seasonal closure designation is for trails closed during extremely wet conditions and/or when new construction presents concern about potential resource damage, usually between the months of November and April. The interim closure designation is for trails closed temporarily due to trail safety concerns. Permanent status is pending the application of Board-adopted trail use guidelines in the use and management review process. Although the Board has adopted Trail Use Policies and Guidelines, the permanent status of trails now in the interim closure category will not be determined until trail use guidelines are actually applied to specific trails through the use and management planning process. As in past years, I recommend that these trails remain closed to bicycle and equestrian use. There are no new seasonal or interim closure recommendations beyond those recommended last year. 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 ftm::] Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of "Seasonal" and "Interim" below) Revised October 10,2001 Preserve Trail Bicyclists Equestrians Comments 1. Long Ridge Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. Ridge Trail — Chestnut Orchard Seasonal Seasonal Same conditions as above. to Peters Creek Trail 2. El Corte de Methuselah Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain. Madera Leaf Trail Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain. Virginia Mill Seasonal Seasonal Trail crosses El Corte de Madera Creek and is not passable during periods of high stream flow. Potential slide areas may cause longer term closures, if a severe winter is experienced. 3. Fremont Toyon Trail Seasonal Seasonal Very popular with equestrians from Garrod Stables and mountain Older bicyclists. Tread can get very muddy during wet conditions. 4. Monte Skid Road Trail to Canyon Trail Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded Bello (Lower Nature Trail) canyon environment can prevent the tread from drying through the winter season. Alternate route available. White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates (Permit lot to Skid Road Trail) closures during and immediately following heavy rainfall. 5. Picchetti Zinfandel Trail Closed Interim Constructed to a four-foot average width. Permanent status of Ranch equestrian use pending U&M process. 6. Pulgas Polly Geraci Trail Closed Interim Constructed to a three-foot average width. Permanent status of Ridge equestrian use pending U&M review process. This review is scheduled for the latter part of 2002. Blue Oaks Trail Closed Interim Constructed to a four-foot average width. Permanent status of equestrian use pending U&M review process. * = New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of Board-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action Table Page: 1 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS (See definition of"Seasonal" and "Interim" below) Revised October 10,2001 Preserve Trail Bicyclists Equestrians Comments 7. Purisima Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly susceptible to damage. Creek This trail is normally closed for the winter. Alternate route available. Redwoods Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with poor line of sight and some very steep side slopes. Majority of trail offers no room for passing. Permanent status pending U&M review process. Alternate route available. Grabtown Trail Closed Closed Trail is closed to all users due to extensive damage from the El Nino storms. Repairs may require engineering lans and specifications. 8. Rancho San Black Mountain Trail Interim Open Constructed to a four-foot average width with occasional pullouts. Very Antonio steep grades remain on P.G. & E. road sections of trail. Permanent status pending U&M review process. 9. Russian Ridge Trail (former Norton Open Open Constructed to average five-foot width. This trail is newly opened to Ridge property) bicyclists. 10. Saratoga Saratoga Gap Trail Seasonal Seasonal Generally wet conditions during the winter. Damage can occur if open. Gap 11. Skyline Ridge Trail south of Horseshoe Interim Interim Constructed to a four-foot average width. Permanent status pending Ridge U&M review process. Alternate routes available. 12. Windy Hill Razorback Ridge Trail Closed Seasonal Constructed to average three-foot width. Staff anticipates closures during and immediately following heavy rainfall. There has been ongoing tread damage to this trail, due to use. Betsy Crowder Trail Closed Seasonal Generally wet conditions during the winter. Damage can occur if open. Lost Trail Closed Seasonal Trail suffers severe impacts when wet. There is limited horse use on the trail, but the use that is present can have a significant impact. Hamm's Gulch Trail Closed Seasonal Same conditions as above. " =New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of Board-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action Table Page:2 Regional Open S, ce R 01-125 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-23 October 24, 2001 AGENDA ITEM 6 AGENDA ITEM Proposed Adoption of a Resolution Urging Stanford University to Offer, and Santa Clara County to Require, Dedication of Two Trails Alignments in Accordance With the Countywide Trails Master Plan DIRECTOR DAVEY'S RECOMMENDATIONS 1. Determine, by a two-thirds vote of the Board members, or, if less than two-thirds of the members are present, a unanimous vote of those members present,that there is a need for the District to take immediate action and that the need to take action came to the attention of the District subsequent to the posting of the agenda for this meeting. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District urging Stanford University to offer, and Santa Clara County to require, dedication of two trail alignments in accordance with the Countywide Trails Master Plan. DISCUSSION After the agenda for this meeting was posted, Director Davey learned of a need for the District to urge and support the dedication of two trail alignments by Stanford University in accordance with the adopted Countywide Trails Master Plan. This matter is going to be considered by the County on November 1, 2001 and in order to be effective it is important that the District take action to support a viable trail dedication proposal. Since there is no other District Board meeting prior to November 1, there is an immediate need to take action on this item tonight. Over the last two years, Stanford has been very successful with the County in obtaining the development options they desired with a minimum of dedication requirements and mitigation measures. Now it is very important that Stanford at least offer trails that serve the public in the most desirable, scenic, and convenient manner, and which are in accordance with the well thought out, publicly debated Countywide Trails Master Plan. The Brown Act provides that the Board can determine, by a two-thirds vote of the Board members, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need for the District to take immediate action subsequent to the posting of the agenda for this meeting. Adoption of Recommendation No. 1 above will permit this Resolution to be considered and adopted. Prepared by: L. Craig Britton, General Manager Kristi Webb, Public Affairs Specialist Contact person: Mary Davey, Director 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 f Fax:650-691-0485 . E-mail:mrosd®openspace.org • Web site:www.openspace.org ff- ®ast Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz +General Manager:L.Craig Britton Resolution No. 0 1-28 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT URGING STANFORD UNivERsrrY TO OFFER,AND SANTA CLARA COUNTY To REQUIRE,DEDICATION OF Two TRAIL ALIGNMENTS IN ACCORDANCE WITH THE COUNTYWIDE TRAILS MASTER PLAN AS STANFORD AGREED To DURING TBE GENERAL USE PERMIT PROCESS Whereas, Stanford University provides vast economic and cultural benefits to the communities of the San Francisco Peninsula and has correspondingly significant environmental impacts; and Whereas, Stanford University is subject to the same General Plan, zoning, and other land use controls and standards as any other private institution; and Whereas,the 2000 Stanford University General Use Permit(GUP)and Community Plan states, "Stanford shall dedicate easements for, develop, and maintain the portions of the two trail alignments which cross Stanford lands shown in the 1995 Santa Clara Countywide Trails Master Plan(Routes S I and C 1) and Whereas,the Route C 1 trail alignment proposed by Stanford in a letter to the County of Santa Clara on August 31, 2001 does not meet the conditions of the GUP because portions of the trail would not be on Stanford lands, nor within Santa Clara County; and Whereas, Stanford's proposed S I trail change does not provide connectivity with trails in Palo Alto's Arastradero Preserve as designated by the Countywide Trails Master Plan; and Whereas, Stanford's proposed S I trail underpass at the intersection of Highway 280 and Arastradero Road is an undesirable detour for public trail uses. Now,Therefore,Be It Resolved that the Board of Directors of the Midpeninsula Regional Open Space District urges Stanford University to offer, and Santa Clara County to require,trail dedications in conformance with Countywide Trails Master Plan as Stanford agreed to during the GUP process that: Provides two trails on Stanford lands in Santa Clara County that are: 1)designed to easily connect with existing and planned trails in surrounding communities; 2) safe and designed to avoid busy intersections such as the Highway 280 vehicular underpasses; 3) away from riparian corridors and other sensitive ecosystems; 4)designed for recreational use rather than transportation; 5) dedicated in their entirety by the GUP's required December 12, 2001 deadline; and 6)constructed in conformance with Santa Clara County trail standards. Furthermore,Be It Resolved that the Board of Directors of the Midpeninsula Regional Open Space District supports the Stanford Trails Position Paper prepared by a coalition of groups, including the Committee for Green Foothills and the Stanford Open Space Alliance, calling for: 1)utilization of existing livestock tunnels under Highway 280; 2)utilization of existing trails and gates; and 3)consideration for the most direct routes to the Arastradero Preserve trails so as to provide for an effective regional trail system. Claims No. 01-20 Meeting 01-23 October 24, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2593 1,300.00 Aaron 's Septic Tank Service Sanitation Services 2594 143.28 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Service 2595 1,458.17 Acme&Sons Sanitation Sanitation Services 2596 493.33 Allied Auto Works Vehicle Maintenance&Repairs 2597 71.82 ANG Newspapers Mailing Services Advertisement 2598 30.02 AT&T Phone Service 2599 197.80 Gordon Baillie Reimbursement-CARPOSA Expenses 2600 4,888.64 Barg Coffin Lewis&Trapp Legal Consultants/Guadalupe Watershed 2601 102.79 Craig Beckman Reimbursement For Business Meeting 2602 476.00 Bills Towing& Recovery Towing Service 2603 922.48 Brim Tractor Company Tractor Parts 2604 63.70 Cabela's Uniforms 2605 243.02 California Water Service Company Water Service 2606 5,502.34 Cambria Corporation Database Consultant Services 2607 153.48 Cascade Fire Equipment Company Uniform Lettering 2608 381.61 Cole Supply Company Janitorial Supplies 2609 417.49 State of California-Dept. of General Services New Vehicle Procurement Fees 2610 16,317.99 Done Right Roofing and Gutters, Inc. SRO Ranch House-Roof Replacement 2611 271.43 John Escobar Reimbursement-CPRS Leg. Committee Mtg. 2612 9.72 Foster Brothers Key Duplication 2613 64.75 Fry's Electronics Computer Accessory 2614 135.00 *1 Half Moon Bay Review HMB Meeting Advertisement 2615 129.55 Hengehold Motor Co., Inc. Van Rental-Mt. Umunhum VIP Tour 2616 1,817.10 Hertz Equipment Rental Dozer Rental-Twin Creeks Area 2617 1,888.16 Howard Rome Martin&Ridley LLP Richmond VS Midpeninsula-Legal 2618 108.83 J. Marcel Enterprises Bike Patrol Jacket 2619 150.00 Tamara Kan Ferel Pig Rooting Study Ecologist 2620 28.62 Keeble&Shuchat Photography Photo Processing 2621 14.00 Kinko's Map&Photo Copies 2622 81.81 Kwik Key Lock&Safe Co., Inc. Lock&Key Services 2623 117.01 Lanier Worldwide, Inc. Copier Agreement 2624 840.96 Maaco Auto Painting&Bodyworks Camper Shell Repairs 2625 91.60 John Maciel Reimbursement-CARPOSA Conference 2626 268.62 MetroMobileCommunications Radio Reprogramming 2627 143.81 Minton's Lumber&Supply Field Supplies 2628 2,140,000.00 North American Title Company McKannay Acquisition 2629 1,077.36 Office Depot Office Supplies 2630 1,000.00 *2 Old Republic Title Company Acquisition Deposit 2631 427.85 Orchard Supply Hardware Field Supplies 2632 1,551.94 Pacific Bell Telephone Service 2633 1,114.76 Peninsula Digital Imaging Large Maps for Bulletin Boards 2634 62.28 PIP Printing Coastal Information Brochure Printing 2635 24.99 Rancho Hardware Field Supplies 2636 36.13 Rayne Water Conditioning Water Service 2637 164.42 REI Corporate and Group Sales Uniform Boots 2638 1,130.00 Rhus Ridge Association Rhus Ridge Road Maintenance Fee 2639 197.45 ROMIC Environmental Technologies Corp. Hazardous Materials Disposal Service 2640 3,320.90 Roy's Repair Service Vehicle Maintenance&Repairs 2641 16.20 Safety-Kleen Absorbent for Spills Page 1 00 Claims No. 01-20 Meeting 01-23 October 24, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2642 2,093.25 San Jose Mercury News Recruitment&Bid Advertisements 2643 32.39 Sears Shop Vac Filter 2644 118.08 Second Cup Local Business Meeting Expense 2645 199.00 SkillPath Seminars Seminar-G. Ison 2646 250.00 Sterling Underground Construction Septic System Monitoring-RSA 2647 19.44 Summit Uniforms Flashlight Holder 2648 1,542.56 3-D Gourmet Catering Mt. Umunhum Vip Tour Catering 2649 17.00 Tires On The Go Tire Repair 2650 499.34 URI Highway Technologies Trail Regulatory Signs and Road Paint 2651 246.00 Verio/Best Internet Dial up Internet Service-All 3 Offices 2652 109.02 M. Douglas Vu Vehicle Expense 2653 86.94 Sumudu Welaratna Vehicle Expense 2654 73.48 West Coast Rebar Co., Inc. Rebar-Harkins Cutover Tread Repair 2655 828.95 West Group Payment Center Legal Periodicals &On-line Legal Services 2656 16.52 Elisa Wickham Reimbursement-Uniform Expense 2657 76.42 Wildfire Wrenches for New Trucks 2658 155.25 Mike Williams Vehicle Expense 2659 900.00 Roberta Wolfe Recording Services 2660 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Services 2661R 260.00 L. Craig Britton Reimbursement-"Not So Annual Conference" 2662R 87.50 City of Half Moon Bay Room Rental For October 30, Meeting 2663R 132.10 Federal Express Express Mailing Service 2664R 509.70 Laura Raymaker Consuitanting-Public Affairs Department 266SR 69.11 Del Woods Reimbursement-Camera Accessories 2666R 510.89 Petty Cash Local Business Meeting Expense, Vehicle Repairs&Maintenance, Office&Field Supplies and Film Total 2198,482.15 ** In the event Agenda Item 1 is not approved, this claim will not be processed. *1 Urgent Check Issued October 16, 2001 *2 Urgent Check Issued September 22, 2001 Page 2 Claims No. 01-20 Meeting 01-23 October 24, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2593 1,300.00 Aaron 's Septic Tank Service Sanitation Services 2594 143.28 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Service 2595 1,458.17 Acme&Sons Sanitation Sanitation Services 2596 493.33 Allied Auto Works Vehicle Maintenance&Repairs 2597 71.82 ANG Newspapers Mailing Services Advertisement 2598 30.02 AT&T Phone Service 2599 197.80 Gordon Baillie Reimbursement-CARPOSA Expenses 2600 4,888.64 Barg Coffin Lewis&Trapp Legal Consultants/Guadalupe Watershed 2601 102.79 Craig Beckman Reimbursement For Business Meeting 2602 476.00 Bills Towing&Recovery Towing Service 2603 922.48 Brim Tractor Company Tractor Parts 2604 63.70 Cabela's Uniforms 2605 243.02 California Water Service Company Water Service 2606 5,502.34 Cambria Corporation Database Consultant Services 2607 153.48 Cascade Fire Equipment Company Uniform Lettering 2608 381.61 Cole Supply Company Janitorial Supplies 2609 417.49 State of California-Dept. of General Services New Vehicle Procurement Fees 2610 16,317.99 Done Right Roofing and Gutters, Inc. SRO Ranch House-Roof Replacement 2611 271.43 John Escobar Reimbursement-CPRS Leg, Committee Mtg. 2612 9.72 Foster Brothers Key Duplication 2613 64.75 Fry's Electronics Computer Accessory 2614 135.00 *1 Half Moon Bay Review HMB Meeting Advertisement 2615 129.55 Hengehold Motor Co., Inc. Van Rental-Mt. Umunhum VIP Tour 2616 1,817.10 Hertz Equipment Rental Dozer Rental-Twin Creeks Area 2617 1,888.16 Howard Rome Martin&Ridley LLP Richmond VS Midpeninsula-Legal 2618 108.83 J. Marcel Enterprises Bike Patrol Jacket 2619 150.00 Tamara Kan Ferel Pig Rooting Study Ecologist 2620 28.62 Keeble&Shuchat Photography Photo Processing 2621 14.00 Kinko's Map&Photo Copies 2622 81.81 Kwik Key Lock&Safe Co., Inc. Lock&Key Services 2623 117.01 Lanier Worldwide, Inc. Copier Agreement 2624 840.96 Maaco Auto Painting&Bodyworks Camper Shell Repairs 2625 91.60 John Maciel Reimbursement-CARPOSA Conference 2626 268.62 MetroMobileCommunications Radio Reprogramming 2627 143.81 Minton's Lumber&Supply Field Supplies 2628 2,140,000.00 North American Title Company McKannay Acquisition 2629 1,077.36 Office Depot Office Supplies 2630 1,000.00 *2 Old Republic Title Company Acquisition Deposit 2631 427.85 Orchard Supply Hardware Field Supplies 2632 1,551.94 Pacific Bell Telephone Service 2633 1,114.76 Peninsula Digital Imaging Large Maps for Bulletin Boards 2634 62.28 PIP Printing Coastal Information Brochure Printing 2635 24.99 Rancho Hardware Field Supplies 2636 36.13 Rayne Water Conditioning Water Service 2637 164.42 REI Corporate and Group Sales Uniform Boots 2638 1,130.00 Rhus Ridge Association Rhus Ridge Road Maintenance Fee 2639 197.45 ROMIC Environmental Technologies Corp. Hazardous Materials Disposal Service 2640 3,320.90 Roy's Repair Service Vehicle Maintenance&Repairs 2641 16.20 Safety-Kleen Absorbent for Spills Page 1 Claims No. 01-20 Meeting 01-23 October 24, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2642 2,093.25 San Jose Mercury News Recruitment&Bid Advertisements 2643 32.39 Sears Shop Vac Filter 2644 118.08 Second Cup Local Business Meeting Expense 2645 199.00 SkillPath Seminars Seminar-G. Ison 2646 250.00 Sterling Underground Construction Septic System Monitoring-RSA 2647 19.44 Summit Uniforms Flashlight Holder 2648 1,542.56 3-D Gourmet Catering Mt. Umunhurn Vip Tour Catering 2649 17.00 Tires On The Go Tire Repair 2650 499.34 URI Highway Technologies Trail Regulatory Signs and Road Paint 2651 246.00 Verio/Best Internet Dial up Internet Service-All 3 Offices 2652 109.02 M. Douglas Vu Vehicle Expense 2653 86.94 Sumudu Welaratna Vehicle Expense 2654 73.48 West Coast Rebar Co., Inc. Rebar-Harkins Cutover Tread Repair 2655 828.95 West Group Payment Center Legal Periodicals&On-line Legal Services 2656 16.52 Elisa Wickham Reimbursement-Uniform Expense 2657 76.42 Wildfire Wrenches for New Trucks 2658 155.25 Mike Williams Vehicle Expense 2659 900.00 Roberta Wolfe Recording Services 2660 200.00 Woodside& Portola Private Patrol Windy Hill Patrol Services Total 2,196,912.85 In the event Agenda Item I is not approved, this claim will not be processed. *1 Urgent Check Issued October 16, 2001 *2 Urgent Check Issued September 22, 2001 Page 2 Regional Open Space MI DPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Managerj��� Date: October 18, 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 LE ' Peninsula Open Space Trust jD OCT > > 200� 0, Board of Directors MIDPENINS(1Lq REGIONAL Allan F.Brown Qp�N Patricia A.Compton October 16, 2001 SPACE DISTRICT Susan Ford Vince S.Garrod Sukey Grousbeck Mr. Craig Britton Christina A.Holloway Midpeninsula Regional Open Space District Robert C.Kirkwood 330 Distel Circle Dianne McKenna Norman E.Matteoni Los Altos, CA 94022-1404 j David W.Mitchell Paul Newhagen Bill Reller Dear Craig: j Karie Thomson I T.Chester Wang On behalf of POST, and in articular can Lauer and myself, I am Anne M.Westerfield writing to thank you and your staff for inviting and sponsoring our Advisory council participation in the District's Environmental Regulatory ulato Training Robert Augsburger Workshop, which was held up at your Skyline Ranger Station on James E.Baer September 26'. In addition to the valuable information we received Eleanor Boushey Sheldon Bremer,Ph.D. from the workshop presenters, it was helpful to discuss common land Robert V.Brown management experiences with District staff. William H.Clark,M.D. Sue Crane Lois Crozier-Hogle Thanks so much for the opportunity, and especially to Cathy Laurence Dawson Woodbury and Del Woods for bringing the workshop to our attention Herbert J.i engler Napoli and extending the invitation. We look forward to future opportunities J.Philip Di Napoli $ pp Phyllis Draper to share learning experiences, especially those related to the land Clarence J.Ferrari,Jr. stewardship challenges that we face in coastal San Mateo County. David L.Fletcher Rosemary Hewlett Patricia L.Hooper Sincerel Mary P.Hufty,M.D. ' Suzanne B.King Melvin B.Lane Robert W.McIntyre George M.Marcus Jacqueline Mayer Robert H.Miller Paul C. Ringgold Gordon E.Moore,Ph.D. Director of Stewardship Bette Moorman Janet Morris Susan P.Orr cc: Audrey Rust F.Ward Paine Paul O.Reimer Barbara Doyle Roupe Alexander H.Schilling,Jr. Geraldine F.Steinberg Rosemary Young Leah Zaffaroni President Audrey C.Rust 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org Recycled Paper NOTICE NOTICE NOTICE NOT 'G l OCT 1 5 2001j I MIDPENINSUL.A REGIONAL OPEN SPACE DISTRICT Moffett Federal Airfield Superfund Site WITHDRAWAL OF PROPOSED PLAN FOR SITE 259 THE EASTERN DIKED MARSH AND STORMWATER RETENTION POND As of Friday August 31, 2001 the U.S. Department of the Navy, the U.S. Environmental Protection Agency, and the San Francisco Regional Water Quality Control Board hereby withdraw the Proposed Plan for Site 25, the Eastern Diked Marsh and Stormwater Retention Pond at Moffett Federal Airfield. The Proposed Plan is being withdrawn due to new information received during the public comment period. The public will be kept informed of all critical decisions pertaining to environmental cleanup at Site 25, Moffett Federal Airfield; however, no responses to comments received on the withdrawn plan will be provided at this time. Any subsequent Proposed Plan for Site 25 is subject to the same notice and opportunities for public comments. Documents related to the Site 25 clean-up and other clean-up projects at Moffett Federal Airfield are available for public review at the Mountain View Public Library located at 585 Franklin Street(650-903-6337) and in the Administrative Record file maintained at Southwest Division Naval Facilities Engineering Command, 1220 Pacific Highway, San Diego, CA 92132-5190. Please direct questions and comments related to the clean-up of Moffett Federal Airfield or, if you wish to be added to the Moffett Federal Airfield mailing list,please send your name and address to Ms. Andrea Muckerman, Moffett Federal Airfield Base Realignment and Closure (BRAC) Environmental Coordinator, Southwest Division Naval Facilities Engineering Command, 1220 Pacific Highway, Code 06CH.AM, San Diego, California, 92132-5190. You may also contact Ms. Muckerman by fax at 619-532-0995 or by e-mail: muckermanam@efdsw.navfac.navy.mil. She may also be reached by calling 619-532- 0911. NOTICE NOTICE NOTICE NOTICE CAWINDOWSUemporary Intemet Fi1es10LK2255\9-0"1FINALSite25 Withdrawal Notice.doc i 3 i KAREN LINEHAN KATZ&ASSOCIATES,INC. vt. JO�f� 4250 EXECUTIVE SQUARE,SUITE 670 LA JOLLA,CA 92037 j UT 12 '01 �ALit- CRAIG BRITTON GENERAL MANAGER MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 DISTEL CIRCLE LOS ALTOS,CA 94022 Regional Oper ace ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 2001 Richard A. Morris 930 Hamilton Avenue Palo Alto CA 94301 Dear Mr. Morris: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you, your family and friends for your generous donation to Save-the-Redwoods League. Your contribution is earmarked for the dedication of an approximately five-acre grove of redwoods at the District's Purisima Creek Redwoods Open Space Preserve. Your generous gift goes a long way toward helping to preserve this beautiful natural heritage. We are so pleased to be able to provide the site for commemorative groves such as this. Again, thank you for your contribution to Save-the-Redwoods League. Si ly, I Pete Siemens, President Board of Directors PS/mdv cc: MROSD Board of Directors Katherine Anderton, Save-the-Redwoods League i 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@o ens ace.or •web site:www.o ens ace.oris.—ME P p B P P g � Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Page Imfl � Ana Ruiz Fpmnn: Ana Ruiz<oruiz8Bopmnapooe.org> � To: Ana Maria Ruiz<aruiz@opanspaoe.org> Sent: Wednesday, October 1O. 20O11:O2PyW Subject: Fw: PADS information station � From: Volunteer To: Denise Williams Sent: Tuemday, 20AM Subject: Re: PADS information station Hi Denise, � Thanks for the update and,of course,all the effort! lthink education stations are ugreat way to talk with visitors, answer questions,and educate them ou District policies and ordinances. l will forward your update to the Planning Department. Thanks again;I look forward to seeing you at next year's VTP training sessions. � Paul � ******************************** 9mdMoKowuo � Volunteer Programs Coordinator � Midpcubmula Regional Open Space District 330Dist ]Cirrle;LnmAltoe.CA04O22 � \/.(65U)00l-l2OO F.(O58)0Al-O405 � ---Oh0ina| Message----- From: Denise Williams To: PauIMcKowan Cc: Bernstein. Dan Sent: K8onday, September i7. 2OO1 2:37PyW Subject: PADS information station Dear Paul: Our visit to Windy Hill on Saturday 9/15/01 was one of the best information stations that I have attended. VVe were really able to make contact with n variety cf Open Space users. Everyone seemed very interested in working with the District bo comply with the dog rules. The information packets with their new green envelops were o big hit. |will definitely have to order 5O more of them...... VVa easily saw ed least 25 hikers, some with dogs and some without. People seemed pleased that we were there and that the District had such useful information packets. It was m great event.... we are thinking of trying Coal Creek next... Thanks for your support. Denise Williams � PADS lO/lU/0l � Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICF To: Board of Directors From: L. Craig Britton, General Manager Date: October 24, 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 From:Rep George Miller 1925 6816231 To:L Craig Britton Date: 10/17/01 Time:10:20:16 PM Page I of I so S NEWS Z) CONGRESSMAN FROM GEORGE MILLER NGIt7th District,Calif. Committee on Education and the Workforce. Committee on Resources. www.house.gov/georgemiHer/ FOR IMMEDIATE RELEASE: CONTACT: Daniel Weiss Wednesday,October 17,2001 202/225-2095 STATEMENT OF HON. GEORGE MILLER in response to the announced closure of the U.S. Capitol WASHINGTON-- "As a precautionary measure,the U.S. Capitol and House and Senate office buildings in Washington will close tonight until Tuesday morning,October 23,to allow for an environmental screening to check for possible exposure to anthrax. "It is a regrettable but cautionary step that I believe is appropriate to assure Members of Congress,their staff and visitors to the Capitol that all possible steps have been taken to prevent further exposure to anthrax or other hazardous materials. "My offices in Contra Costa and Solano counties will continue to operate and people who need immediate assistance may contact those offices. "However,because of the precautions being taken to screen mail, it would be helpful and deeply appreciated if the public would postpone non-essential communications with my congressional offices for the time being. By the time our offices reopen next week,congressional offices in Washington will have at least an eight day backlog of millions of pieces of undelivered mail. The delay could be longer. "I will continue to serve my constituents and my country during these sobering and extraordinary times. But until such time as communications with my office in Washington return to normal,I ask for people's patience and understanding in delaying communications with us that can be postponed. "I deeply appreciate the efforts of law enforcement and emergency response personnel in California, Washington, D.C. and throughout the country who have been forced to contend with a deluge of calls, concerns and incidents. They are doing an excellent job under very difficult circumstances. "And the business of the Congress and the country will continue. When Congress resumes Tuesday,we will finish work on the counter-terrorism bill that was already scheduled for next week. And the House will take up economic stimulus legislation." 149# INTEROFFICE MEMORANDUM Oct. 23, 2001 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month September Year 2001 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary 2 Closed area 0 0 Resisting peace officer 2 Speed 1 3 Intimidation 1 Helmet 11 21 Night-riding 0 3 ACCIDENTS/INCIDENTS Dogs Bicycle accident 3 Prohibited area 1 4 Equestrian accident 0 Off-leash 1 4 Hiking/running accident 0 Off-road vehicles 0 2 Other first aid 3 Closed area 0 1 Search & Rescue I After hours I 1 Vehicle accident 2 Fishing 0 0 LZ air evacuation 2 Vandalism 0 5 Fire 1 Parking 21 24 Parking after hours 10 29 ENFORCEMENT Dumping/littering 0 0 Parking citations 31 Campfires 0 1 Other citations 15 Camping 0 0 Written warnings 40 Weapons Arrests 1 Actual contact 0 0 Police assistance 2 Report only 0 1 Evidence of 0 2 MUTUAL AID Cattle grazing 0 1 Accident 4 Group w/out a permit 0 1 Dumping 1 Law enforcement 2 Landing zone off-site 1 Fire 2 S&R hoax 1 SUMMARIES OF SIGNIFICANT INCIDENTS Sept. 3 A dispute occurred between two drivers regarding a parking space at Rancho San Antonio. A man parked his truck behind a woman who parked in a parking space. The man stared threateningly at the woman. The woman filed a complaint with T. Lausten. Earlier in the day a parking citation had been placed on the truck. it Sept. 7 B. Malone contacted five men for after hours violations in Sierra Azul. Three were intoxicated and one was a minor. A neighbor arrived and started yelling at the five. The yelled back. A g Y g Y sheriff's deputy and additional rangers were requested to help defuse the situation. The juvenile was picked up by his parent. The deputy arrested one man for a $5000 traffic warrant and transported another to town. All were issued warnings for the after hours violations. B. Malone, A. Corriea and C. Sparks-Hart. Sept. 8 A San Mateo County sheriff's deputy reported he had contacted a group of about fifty juveniles with alcohol at Purisima OSP near Higgins-Purisima Road. Two kegs of beer were confiscated and the after hours party goers were told to leave. D. Danielson. Sept. 16 An auto turning into the Monte Bello parking lot on Page Mill Rd. was struck by an oncoming bicycle. The bicyclist suffered a head injury and a dislocated ankle. He was air lifted to Stanford Hospital. W. Phillips,E. Wickham, B. Downing, D. Danielson. (Director Little and C. Woodbury were also present.) Sept. 22 Discharge of firearms was heard in the Los Trancos-Monte Bello area. Palo Alto Police were requested. The source of the shots was not determined. L. Paterson,D. Danielson. Sept. 22 A single drum of an unknown hazardous material was dumped on a public road adjacent to Sierra Azul. B. Malone and A. Corriea notified County Fire and closed the road a safe distance away, until Fire was on scene. A hazmat unit determined the material was probably oil and contacted county roads to dispose of it. Sept. 22 Two bicyclists without helmets in Rancho County Park fled from B. Malone and A. Corriea. The men fled out of the park into Los Altos. A search of the nearby area was not successful. K. Miller,P. Hearin and Los Altos Police also participated. Sept. 23 Staff found evidence of recent cattle-grazing activity in Russian Ridge OSP,near Mindego Ranch. Both gates from the ranch were open, and the cattle had apparently come from the private property on to District lands. District staff are working with the San Mateo District Attorney's office on this ongoing problem. L. Paterson, and E. Wickham Sept. 24 In the early morning hours a fire destroyed a private residence adjacent to Monte Bello and Coal Creek. District staff responded and patrolled the surrounding area until the fire ceased to threaten the wildland. L. Paterson, B. Downing, C. Beckman, D. Danielson. Sept. 24 A severe lightening storm on Sept. 24 ignited several fires in the Santa Cruz mountains. On Sept. 25 a fire was discovered in a remote area of Skyline Ridge OSP. The fire was in steep, rough terrain and was extinguished by Skyline Area maintenance staff, P. Hearin and CDF. Sept. 25 A target and spent shell casings of various calibers were found by J. Smith and S. Anderson- Minshall when they were on patrol in Sierra Azul OSP. They cleaned the area. Vandalism: 7 A PG&E lock was cut to gain access to Sierra Azul. 8 A case-hardened chain was cut to gain access to Sierra Azul. 9 A gate and guardrail were spray painted black in numerous places in Sierra Azul. 23 A toilet paper holder was ripped off the wall of a chemical toilet in Sierra Azul. 30 An abandoned building was broken into in Sierra Azul.