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HomeMy Public PortalAbout20020424 - Agendas Packet - Board of Directors (BOD) - 02-07 I Regional Open .'ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:30 p.m. Wednesday,April 24,2001 330 Distel Circle i Los Altos,California AGENDA* Please Note: 7:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m.Regular Meeting Start Time 7:00* BOLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin.at 7:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Clod Session to the Regular Meeting,and,at the conclusion of the Regular Meetm&the Board may reconvene the Special Meeting Closed Session. 1. Conference with Lesal Counsel—Anticipate Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)-one potential cases 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL CONMUNTICATIONS—Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—D.Little *** MINUTES • February 27,2002 • March 13,2002 7:35* SPECIAL ORDER OF THE DAY Resolution in Appreciation of Skip McIntyre BOARD BUSINESS 7:40* 1 Authorize the General Manager to Extend the Contract for Graphic Design Services with Design Concepts for an Amount Not to Exceed$37,900;To Extend the Contract for Printing Services with Citation Press for an Amount Not to Exceed$120,000;and To 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 ®„0 T Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko, Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Meeting 02-07 Page 2 Extend the Contract for Mailing Services with Precise Mailing,Inc. for an Amount Not to Exceed$26,500 for Fiscal Year 2002-2003—S. Jensen 7:45* 2 Proposed Addition of an Undivided Two-Thirds Interest in the Ham,et al.Property to the Monte Bello Open Space Preserve;Determine that the Recommended Actions are Exempt from the California Environmental Quality Act(CEQA)as Set Out in This Report;Adopt the Resolution Authorizing Purchase of a Two-Thirds Interest in the Ham, et al. Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in the Report,Including Naming the Property as an Addition to the Monte Bello Preserve;Indicate Your Intention to Withhold Open Space , Dedication of the Property as Public Open Space;as Public Open Space at this Time—M. Williams 8:00* 3 Authorize the General Manager to Enter Into a Contract with Crystal Springs Painting Co.,Inc.of Woodside for the Bid Amount of$19,493.59,Plus a Contingency Arrant of $2,000 for a Total Contract Amount Not to Exceed$21,493.59 for Painting the Red Barn Located in La Honda Creek Open Space Preserve—J. Cahill *** 4 Authorize the General Manager to Purchase Interpretive Signs from General Graphics Exhibits in an Amount Not to Exceed$15,000 for Projects at El Corte de Madera Creek, Windy Hill,and Skyline Ridge Open Space Preserves—D.Vu *** 5 Approval of an Application for a Land and Water Conservation Fund Grant for the Public Access Improvements Project at El Corte de Madera Creek Open Space Preserve; Adapt the Attached Resolution Approving the Application—S. Sommer *** 6 Authorize the General Manager to Purchase Trail Directional Signs and Miscellaneous Preserve Signs as Needed from United Rentals Highway Technologies of San Jose in an Amount Not to Exceed$19,000 for Fiscal Year 2002-2003—S.Welaratna *** 7 Approval of the Notice of Completion of Contract for Roof Replacement of the Red Barn Located in La Honda Creek Open Space Preserve;Authorize the President of the Board, or Other Appropriate Officer,to Execute the Notice of Completion and Acceptance of Work for the Structural Repairs and Replacement of the Roof on the Red Barn—J.Cahill *** 8 Approval of Amendment to Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless;Determine that the Recommended Actions are Categorically Exempt from the California Environnmtal Quality Act (CEQA)as Set Forth in this Report;Authorize the President of the Board of Directors to Execute the Amendment to Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless at Pulgas Ridge Open Space Preserve—J.Dickey *** 9 Approve the Amendment to the Midpeninsula Regional Open Space District Substance Abuse Policy—S.Thielfoldt *** 10 Adopt the Resolution Implementing a 401(a)Qualified Retirement Plan for the Employees of the Midpenmsula Regional Open Space District—S.Thielfoldt Meeting 42-07 Page 3 *** 11 Approve Appointment of Director Little as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meeting and Appointraent of Two Alternates,General Manager,C.Britton,and Assistant General Manager,J.Escobar-S.Thielfoldt *** REVISED CLAIMS 8:10* INFORMATIONAL.REPORTS-Brief reports or announcements concerning pertinent activities of District Directors and Stag: 8:34* ADJOURNMENT i * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order- TO AMUR ILiis ; The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may adaWss the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. ' ► 1 t t il` i I ` ! 1 1 I` f ► '1' IM ' I 1 ► 1 i ► 1 1' i I 11' il:d" i ' : •. 4 i r - • • i.� • rum 1 'v •1 . � r` i b. r i m . I u m,+i i i f ! • r # ft • 1 i / 6 ••e r ! ° • b! 1 . 1 i t •�*. • 1..,_ / 1 # • f • 1 •w bra, i t • 1 • i • f u # • i I,e r' • .f r • i • i 1 r t- i i e t • • !r i fi • •"# • r 1 i f 71 ! i 1 " F r i I«i Y of ! - • i #• r - i :1:�1` ♦ # uw of f !,• of • 4 . 1# . 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L� s 1 " rh b •' i ° i.� e.uf i ° # 1� r 1. i m.. - u• # / : • I.i. 1_r 1 t F F.' i • / u• # f)tolli m i-m Kim Or I I :f 1 f 1•i • 1 i r f`.i . • e i 1 " t o • f• fill t ` :1' ' t ` ► 1 !. 1• : •. ! • r • # m,' n1. 1 t ` ' °aim . 1r`! • I,i r a m i' si. 1 • r i ° • r it Regional Open " -3ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-04 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS February 27, 2002 M NUT s SPECIAL MEETING L ROLL CALL President Deane Little called the meeting to order at 7:04 p.m. Members Present: Jed Cyr,Mary Davey,Nonette Hanko,Larry Hassett,Ken Nitz, Pete Siemens, and Deane Little Members Absent: None Staff Present: Craig Britton,Duncan Simmons, John Escobar, Mike Williams, and Tom Fischer H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:06 p.m. and the Closed Session commenced at 7:06 p.m. The Board concluded the Closed Session at 7:32 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. Additional Staff Present: Sumudu Welaratna, Sally Thielfoldt, Gordon Baillie, John Maciel, and Stephanie Jensen IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 7 to 0. 330 Distel Circle • Los Altos,CA 94022-1404 s Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org * web site:www.openspace.org ® " Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz + Genera!Manager:L.Craig Britton Meeting 02-04 Page 2 VL ADOPTION OF CONSENT CALENDAR L. Hassett removed Agenda Item 4,Authorize an Increase in the Contract with Andy' Roofing Company,Inc. of Mountain View for the Roof Replacement of the Red Barn Located in La Honda Creek QVen Space Preserve in the Amount of$7.000 for a Total - Contract Amount Not to Exceed $60,933. K. Nitz removed Agenda Item 5,Notice of Completion of Contract for the_Removal o One Minor Structure and Various Debris at Sierra Azul QVen SpNe P_r&M&and Restore the Area to a Natural Condition: Authorize the President of the Board. or Other AppropLnate Office. to Execute the Aft Acho N gfige of Completion and Acceptance of Work. J. Maciel removed Agenda Item 7, A_MhQrizg the General Manager to Execute PmEphw Contract mdlh the State Department of General Services and Lasher Auto/Folsom Ford for Four Vehicles at a Total Cost Not to Exceed $111,000. Motion: M. Davey moved that the Board adopt the Consent Calendar, including; Agenda Item 6,Authorize the General Manager to Execute an Amendment to the District's on_act with Cambria Corporation Increasing the Compensation to be Paid from$20.000 to @A Amount Ngi to Exceed $23,000; Agenda Item 8, Adopt the Attached Resolution Amending the District's Conflict of Interest Code; and Revised Claims 02- 04. J. Cyr seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. I —Accept the 2001 Miscellaneous Enforcement Activity Summary and the Eleven-Year Field Activity SummM—(Report R-02-141. G. Baillie reviewed the report, noting that most violations were for parking, and most of those were in Rancho San Antonio County Park. K.Nitz suggested putting up signs regarding carpooling. G. Baillie talked about some trends: Bicycles in closed areas dropped;bike helmet violations increased; off-road vehicles and dogs off leash increased; vandalism dropped. He cautioned against lessening vigilance. There was a significant increase in car break-ins which generally tend to be in the daytime with the majority on weekdays. C. Britton stated that staff would provide a ten-year history in the future unless the Board wanted more. Discussion followed regarding tracking of expenses due to issuing citations at Rancho San Antonio(including the appeal process) and other expenses of managing that property. J.Maciel stated that the revenue from tickets and the cost of handling them is basically a wash. Board Members agreed that there Meeting 02-04 Page 3 ought to be hard data on what it costs the District to manage Rancho San Antonio so information is available at the end of the lease. J. Escobar clarified the process of parking citations. He said that illegal trails would not be included in this document p i n: K. Nitz moved that the Board accept the Miscellaneous Enforcement Activity Summary and the Eleven-Year Field Activity Summary. M. Davey seconded the motion. The motion passed 7 to 0, Henry Pastorelli, President of ROMP, said that he never sees people without helmets and wondered where they were occurring. He said that the bikes in closed area violations being down was encouraging but not at the level he would like to see them. He said that overall, ROMP would like to approach this cooperatively and work with the Board to put together a plan. He thought a fairly strong message needed to be sent to the community and thought closing trails was sending the wrong message and would cause bad feelings. C. Britton informed him that there was no plan to close legal trails. P 8 Discussion followed regarding bicyclists riding on District lands with no helmet. It was suggested that the riders might be passing through District land on a loop. C. Britton said the District might try to put signs at every entrance. H. Pastorelli talked about ROMP s education plan for the year and about possible locations for educational stations. B. Agenda Item No. 2-Approval of Reclassification of the Accounting Specialist to Senior Accounting Specialist and Amendment to the District's Position Classification and Compensation Plan to Approve Two New Job Classifications and Stela.a Ranges for Accounting Clerk and Senior Accounting S12ecialigl.Retain the Class Specification for Accounting Specialist to Remain Vacant and Tnbudgeted at This Time—(Report R-02-31� S. Thielfoldt presented the report. N. Hanko commended her for the thorough report. Motion: M. Davey moved that the Board approve reclassification of the Accounting Specialist class specification to Senior Accounting Specialist and amendment to the District's Position Classification Plan and Compensation Plan to approve two new class specifications and commensurate salary ranges for Accounting Clerk and Senior Accounting Specialist; and retain the class specification for Accounting Specialist to remain vacant and unbudgeted at this time. P. Siemens seconded the motion. Meeting 02-04 Page 4 Discussion: C. Britton commented that all the information in the report was necessary. The motion passed 7 to 0. C. Agenda Item No. 3—CmLd Alupe River Watershed Natural ReW3gce D e Assessment: Authorize the General MAMer to Extend—AgLe&ment for L Services with the Law Firm of Bar& Qoffi% Lewis& Tr iWp and Payments Not to Exceed an Additional $20,000:Authorize the General Manager to Extend Agreement for Technical Consulting Services with the Firm of Locus Technologies and Authorize Payments Not to Exceed an Additional$30,000— Maort R-02-34)- D. Simmons outlined staff s recommendations. M tign: M. Davey moved that the Board authorize the General Manager to extend the agreement for legal services with the law firm of Barg, Coffin, Lewis & Trapp and authorize payments not to exceed an additional $20,000; and authorize the General Manager to extend the agreement for technical consulting services with the firm of Locus Technologies and authorize payments not to exceed an additional $30,000. L. Hassett seconded the motion. Discussion: D. Simmons informed the Board that the$50,000 should take the project through April and that the next phase would cost$130,000. C. Britton said they estimate $225,000 for the entire process. K. Nitz requested a copy of the Locus report. D. Simmons described the services each consultant is providing and said the two are not overlapping in the sense of duplicating work. C. Britton agreed with D. Simmons that the District is well represented. He said this is costly. but he could see no alternative. He said the property is worth $-2'0 million. Board members agreed that they are doing the right thing. The motion passed 7 to 0. D. Agenda Item No. 4-Authorize in Increase in the Contract with Andy's Cg=ny. Inc. of Mountain View for the Roof Replacement of the Red Barn Located in La Honda Creek Open Space Preserve in the Amount of$7-000 for Total Contract Amount Not to Exceed$60.933 —M=rt R-O"-32 S. Welaratna presented the staff report. C. Britton told why the contingency was used, noting that staff was hoping not to use the full amount. He said staff would like to have a cushion in case they run into more damage. S. Welaratna explained how the mistake in estimating the cost had been made. Motion: M. Davey moved that the Board authorize an increase in the contract with Andy's Roofing Company, Inc. of Mountain View Meeting 02-04 Page 5 for the roof replacement of the Red Barn located in La Honda Creek Open Space Preserve in the amount of$7,000 for a total contract amount not to exceed $60,933. ,P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5-Notice of Completion of Contract for the Removal &A of On Minor StrugWrS and YjdpUj Doris at Sierra Azul Open Space Preserve and Restore the-A-reA to a Natural Condition:Authorize the President of the Board or QIher A--ppEQpjte Office, IQ-ExgwAt Ihg Attached Notice of Co=lc9Qn-and Acceptance of Work-(ftort R-02-33). K.Nitz asked why the earlier plant inventory of Sierra Azul was not being used. I Escobar explained that this one is more detailed. C. Britton added that staff wanted to make sure it is done right. K. Nitz requested a copy of the report. Motion: K. Nitz moved that the Board authorize the President of the Board, or other appropriate officer, to execute the Notice of Completion and Acceptance of Work for the demolition of one minor structure and the removal of associated debris at Sierra Azul Open Space Preserve. M. Davey seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 7- Authorize the General Manager to Execute a Purchase Contract with the State DQuLm-cpA Qf General Services and Lasher Auto/Folsom Ford for Four Vehicles at a Total Cost Not to Exceed$111,000-M=rt R-02- I Maciel presented the staff report. He talked about the accident D. Sanguinetti was involved in, noting that the vehicle was totaled. He explained why staff would buy a small SUV as opposed to a pickup. C. Britton noted that this was the first vehicle the District has lost. N. Hanko asked if safety was a consideration in the choice of vehicles. I Maciel said staff works with the state bid process. C. Britton said he thought they all meet safety standards. Motion: M. Davey moved that the Board authorize the General Manager to execute a purchase contract with the State Department of General Services and Lasher Auto/Folsom Ford for four vehicles at a total cost not to exceed $111,000. 1 Cyr seconded the motion. yplg: The motion passed 6 to 0. N. Hanko abstained because of her concern regarding safety standards. VEEL INFORMATIONAL REPORTS M. Davey: 1. She asked about redistricting. N. Hanko said that LAFPAC will be taking up the matter of redistricting at 11:00 a.m. on March 12. S. Thielfoldt noted that the Meeting 02-04 Page 6 deadline is in June. C.Britton said they have received the census software. 2. She said that March 7, at 1:30 p.m.,there will be a Planning Commission presentation regarding proposed hillside zoning for Stanford land. The current proposal is inadequate. C. Britton said that staff has a copy and will comment on it. M. Davey added that there is group of homeowners who believe the Stanford ditch really is a seasonal stream. K. Nitz: 1. He asked if Board Members had received his email regarding the budget guideline. 2. He referred to the letter from Save-the-Redwoods League and to the Merrits. C.Britton described the agreement. L. Hassett extended an invitation to the Tall Tree awards on April 4 and said he would arrange for a District table. C. Britton: 1. He had a copy of the East Bay Measure K brochure. 2. He referred to the FYI regarding the California AEDsRide that some staff are participating in. 3. He noted that there was a clipping about Paul Rogers receiving the Paul Brauer award.' 4. The clippings also included a note about the Nature Conservancy and Gilroy Hot Springs. 5. AB 953 is in the Senate Local Government Committee and they will be following its progress. 6. There will be an estimated $17 billion deficit in the State Budget. He said they will have to follow this very closely. 7. He reported that Proposition 40 was running at about 52%. 8. He said Stanford is still looking at the"S"trail alignment, 9. He read from the frontispiece of the illustrated History of San Mateo County. P. Siemens asked about the Los Gatos ordinance regarding the McCarthy property. C. Britton explained that giving up the easement on St. Joseph's Hill is one of the conditions of the final map approval. S. Jensen: 1. She said she needed release forms from Board members for the District book. Jay Thorwaldson will write the forward for the book. 2. She outlined the schedule for Earth Day events. They had sent a survey to educators regarding Earth Day. There will be an educator's breakfast on April 20. Trail building and restoration. Volunteer events will take place on April 19 and 20 at Picchetti and Long Ridge Open Space Preserves. M ADJOURNMENT At 9:05 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-04 Meeting 02-04 February 27, 2002 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3241 551.99 Allied Auto Works, Inc. Vehicle Service and Repairs 3242 25,924.00 All Seasons Roofing Services Roofing Repairs-Distel Building 3243 162.00 Amerigas Propane 3244 3,930.00 American Society of Landscape Architects GIS Software 3245 42.76 AT&T Telephone Service 3246 22.50 Chris Baressi Reimbursement-Membership Dues 3247 72.50 Janet Beaugh Reimbursement-Resource Documents 3248 65.84 Craig Beckman Reimbursement-WTBA Conference Expense 3249 62.05 The Bicycle Outfitter Bicycle Repairs 3250 182.00 Bill's Towing and Recovery Vehicle Towing 3251 122.49 Browning-Ferris Industries Garbage Service 3252 183.22 California Water Service Company Water Service 3253 471.00 Camino Medical Group Medical Services 3254 973.00 Central Coast Bat Research Group Red Barn Bat Banding Research and Capture 3255 851.11 Central Coast Wilds Habitat Restoration-Williams Property 3256 174.17 Cole Supply Company, Inc. Janitorial Supplies 3257 15.14 CSKAuto Vehicle Supplies 3258 205.18 Custom Alignment District Vehicle Alignment Work 3259 50.00 Del Rey Building Maintenance Office Space Maintenance 3260 683.29 Done Right, Inc. Enterprise Rental Repairs--Sherrill House 3261 1,020.00 Employment Development Department State Unemployment Insurance 3262 2,604.36 E.S.R.I. Inc. ArcGis Street Map and ArcPress 3263 85.15 Federal Express Express Mailing 3264 1,950.00 General Graphics Exhibits Design and Engineering-Trailhead Sign 3265 63.26 G &K Service, Inc. Shop Towel Service 3266 204.18 Green Waste Recovery, Inc. Garbage&Recycle Service 3267 109.56 Interactive Technologies Nature Center Pond Mural Display-Lights 3268 14,522.61 Jakaby Engineering Bridge, Observation Deck and Trail Projects 3269 95.00 Killroy Pest Control Inc. Yellow Jacket Removal-Dyer House 3270 496.86 Langley Hill Quarry Baserock 3271 1,344.92 Lanier Worldwide, Inc. Copier Lease 3272 195.21 MCI Long Distance Phone Service 3273 336.36 MetroMobileCommunications Radio Repairs 3274 784.87 Miller, Starr&Regalia Legal Services 3275 50,000.00 City of Mountain View Deer Hollow Farm Annual Payment 3276 65.84 Michael Newburn Reimbursement-WTBA Conference Expense 3277 1,106.19 Pacific Bell Telephone Telephone Service 3278 16,074.21 Panko Architects Office Improvement Projects-Annex, BCR 3279 32.90 Loro Paterson Reimbursement-Uniform Expense 3280 250.00 PERS Public Agency Coalition Annual Membership Dues 3281 173.20 Warren Phillips Reimbursement-Uniform Expense 3282 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 3283 4939.33 *1 Precise Mailing, Inc. Postage and Distribution 3284 25.52 Precision Engravers, Inc. Name Tags 3285 12.00 Rancho Cobbler&Cleaner Uniform Repair 3286 2,074.69 Redwood General Tire Co., Inc. Vehicle Tires 3287 3,000.00 Reserve Account Postage 3288 629.90 Roy's Repair Service Vehicle Maintenance&Service 3289 4.32 Ritz Camera Centers Film Page 1 Claims No. 02-04 Meeting 02-04 ` February 27, 2002 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3290 168.87 Safety-Kleen Solvent Tank Service 3291 173.20 David Sanguinetti Reimbursement-Uniform Boots 3292 448.40 San Jose Water Company Water Service-RSA 3293 10.00 *2 San Mateo County Public Health Laboratory Medical Services 3294 788.20 Santa Clara Co. Department of Environmental Health Hazardous Materials Removal Service 3295 1,401.78 Sideman&Bancroft LLP Legal Services 3296 12.51 Skywood Trading Gas Vehicle Fuel 3297 950.22 Soma Ergonomics, Inc. Office Chairs 3298 380.00 State Bar of California Professional License--State Bar Dues 3299 235.94 Stevens Creek Quarry, Inc. Baserock. 3300 130.65 Suburban Propane Propane 3301 331.44 Tadco Supply Restroom Supplies 3302 441.84 Therma Corporation HVAC Maintenance 3303 533.01 Tires on the Go Vehicle Tires 3304 5,250.00 TKO General Engineering and Construction, Inc. Oilspill Site Restoration 3305 54.80 Tony and Alba's Pizza Local Meeting Expense 3306 706.21 United Rentals Equipment Rental 3307 120.09 WearGuard Uniform Expense 3308 59.69 Sumudu Welaratna Private Vehicle Expense 3309 203.03 West Coast Aggregates, Inc. Driveway Repair--Thornewood Residence 3310 6,227.50 Winters, Krug&Delbon Legal Services 3311 76.01 Xpedite Systems, Inc. Fax Broadcast System-OEL Press Release 3312R 1,792.89 Design Concepts Services For Joint Rancho San Antonio Brochures With County Parks 3313R 663,20 Petty Cash Office and Field Supplies, Enterprise Repairs Local Meeting Expense, Training and Seminars, Film, & Private Vehicle Expense *1 Urgent Check Issued February 20, 2002 *2 Urgent Check Issued February 20, 2002 Total 158,359.80 Page 2 Regional Open "Nace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-05 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS March 13,2002 MINUTES SPECIAL MEETING L ROLL CALL President Deane Little called the meeting to order at 7:02 p.m. Members Present: Jed Cyr, Mary Davey,Nonette Hanko,Larry Hassett,Ken Nitz, Pete Siemens, and Deane Little Members Absent: None Staff Preggg: Craig Britton, Sue Schectman, John Escobar, Duncan Simmons H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:03 p.m. and the Closed Session commenced at 7:03 p.m. The Board concluded the Closed Session at 7:31 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:33 p.m. and reported that there were no reportable actions taken during Closed Session. Additional Staff Present: Ana Ruiz, Mike Foster, John Maciel, Cathy Woodbury, Sally Thielfoldt, Del Woods, Thomas Fischer IV. ORAL COMMMCATIONS Chuck Jeffery, 2784 Eulalie Drive, San Jose, inquired about a purchase agreement with David M. Stanton for APN 575-07-001. He asked if a purchase agreement of any type was presented to Stanton regarding this parcel, when the purchase agreement was presented to him, what the purchase price in the agreement was, did the Board approve of 330 Distel Circle # Los Altos,CA 94022-1404 - Phone:650-691-1200 Fax:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org ftn_ t9-1R.- Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Meeting 02-05 Page 2 the price in the agreement, what is considered an option by the District, does the offering of a purchase price constitute an option, and was escrow account 50170120 still open and pending. He also asked what official document was filed with the Santa Clara County Recorder's Office to divide the one parcel into two parcels as depicted in Exhibits A and B of the purchase agreement. If no document was filed, how was the dividing line decided upon? In addition, he asked if any provisions were made in this agreement for the other co-trustee, Linda Jeffery. S. Schectman suggested staff talk to him and he could return to the Board if not satisfied with staff s response. She said he could expect an answer in a week or two. C. Britton informed Mr. Jeffery that the District did not have a signed purchase agreement with Mr. Stanton. Mr. Jeffery asked for a complete copy of the document. He said he had addressed the Board in October and this was in place at that time. He said he was not given any answers. He was concerned that the general public gets caught up in acquisitions by the District. He said if the Board was unaware of this, something is drastically wrong with the process. C. Britton told the Board that staff had met with IW and Mrs. Jeffery and had asked the appraiser to write a letter clarifying some of the information. Patty Ciesla, 11990 Page Nil Road, Los Altos Hills, 94022, informed the Board that she had been appointed to the Santa Clara County Parks and Recreation Commission. They had appointed a subcommittee to address some of the issues in the county-wide trails master plan. V. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. J. Cyr seconded and the motion passed 7 to 0. J. Maciel introduced Cindy Roessler, the newly hired Resource Management Specialist. She talked about her experience and previous work and said she hoped to bring the five year strategic plan to the Board next month. L. Hassett commented on her association with the District. He had mentioned her name to the Skyline people, and they knew of her and were very excited. VI. ADOPTION OF CONSENT CALENDAR J. Cyr removed the draft response to a letter from Mr. Lloyd Maruyama,, maruyam(alat-tbi.com; and Agenda Item 6, Authorize the General Manager to Purchase Eight Trailhead Signboards From General Graphics Exhibits of San Francisco In An Amount N91 to Ex or Fiscal Exceed $30,000 Y f W 2002-2003. Staff answered questions about Claim#3317(carpet for ranger residence), #3329 (printing of spring newsletter), and#3372(mailing of spring newsletter). Meeting 02-05 Page 3 M ion: I Cyr moved that the Board adopt the Consent Calendar, including Agenda Item 7,&proval of Notice of Completion of Contract f Qt Roof Repairs to the Administrgtive Office Building; Authorize the President of the Board. or Other_AWropriate Officer,to Execute thy,NQfi- a of Completion and Acceptance of Work for the Roof Repair of Approximately 5,500 Square Feet of the District's Administrative Office Building at 330 Distel Circle in Los Altos; and Revised Claims 02-05. P. Siemens seconded the motion. The motion passed 7 to 0. VH.WRITTEN COMMUNICATIONS Draft response to a letter from Mr. Lloyd Maruyama, maruyam@attbi.com. C. Britton explained why this was being addressed three months later. P. Siemens suggested adding the word"designated", so that the first sentence in the second paragraph would read, "At this time, the District has no plans to close any designated trails . . ." Motion: P. Siemens moved that the Board approve the draft response to a letter from Mr. Lloyd Maruyama, maruyam@attbi.com, as amended. I Cyr seconded the motion. The motion passed 7 to 0. VIII. BOARD BUSINESS A.. Agenda Item No, 1—Iru W Present to ion of the District Budget for Fiscal Year 2002-2003. The Provosed District Budget for the 2002-2003 Fiscal Year and the Report and Recommendations of the A.dmiuistration and Budget Committee Will be Presented at the Board's March 27 Meeting for Final Consideration and Adoption- &port R-02-37). C. Britton provided an overview of the budget and talked about the process. The final budget will be presented at the March 27 meeting. All increases in staff were in the Public Affairs Department. Planning- C. Woodbury Regarding the La Honda ranch house she said staff is finishing a schematic. The g 8 8 tenants are still living in the house and making some improvements. Planning does not anticipate having it in the capital improvement program for next year, but probably the following year. She said staff would have more information in two weeks about the cost. P. Siemens commented that he did not want Planning to cut back on facilities such as the shop. C. Britton said staff uses the average as a guideline. Meeting 02-05 Page 4 L. Hassett asked if staff planned to address the lower half of Thornewood, specifically Dennis Martin Road. C. Britton said staff has not had a neighborhood meeting yet, and will soon, but might not be able to finish ironing out the title problems this year. L.Hassett said he thought the residents want it expedited. He said the District has not lived up to the timetable and people are concerned. C. Woodbury said that given all the uncertainties related to construction projects, this year's budget reflects 75%of the estimated project cost for the year. Regarding consultant contracts for obtaining permits, C. Woodbury said it takes a good deal of time. In order to expedite matters, staff would like consultants to do that work. President D. Little moved the agenda to Item No. 2. B. Agenda Item No. 2-Controller's Report on the Proposed Fiscal Year 2002-2003 Budagi-(ftort R-02-39 . M. Foster presented the report. He said the District is budgeting$25 million for land, but up to $40 million is available in District reserves for land acquisition. He said that overall, the picture looks very good. President D. Little returned the agenda to Item No. 1. A. Agenda Item No. I-Initial Presentation of the Digd-q Budget for Fiscal Year 2002-2003: The PLQpQsed District Budget for the 2002-2003 FiNd Year and the ftort and Recommendations of the Administr ation and Budget Committee Will be Presented at the RgMdIj March 27 Meeting for Final Consideration and Adoption- (Report R-02-371, Open Space Acquisition -M. Williams Operations -I Maciel He reported that staff is not proposing any purchases of fire pumpers in this budget. Staff will evaluate the pumpers in use this year. I Escobar added that the retrofits made the old pumpers more reliable. I Maciel noted that he had shared with Cindy what he did and why in regard to the budget. He thought she was comfortable with where staff is at and knows what the vision is. L. Hassett said he was generally supportive of resource management and would like to see it go beyond some of the pilot programs. Regarding the$13,000 for restoration of the tree farm, I Maciel said this is not a detailed plan. Staff will be removing the lower property portion of the tree farm. The goal is to get all the trees out and start the restoration. Meeting 02-05 Page 5 Discussion followed regarding the all-terrain motorcycles. J. Maciel talked about the current equipment and what it is used for. J.Escobar explained that the all- terrain motorcycles are very quiet. J. Maciel said quads are being used at Bear Creek and El Corte de Madera Creek Open Space Preserves for maintenance. J. Maciel reported that the District is paying $250-$500 per month per site for radio repeater tower rentals. Public Affairs -J. Escobar C. Britton explained why the District book is out of the guideline. J. Escobar said staff is very capable of doing the publicity for the book. S. Schectman explained that the contract requires that the author do some of the publicity. C. Britton said staff is very aware that it is a big project. C.Britton said they would have to re-examine whether the increase of the community program person from 120 to 240 hours is permanent. Administration- S. Thielfoldt C. Britton added regarding the 40%increase in liability insurance that staff thinks this year they will recommend switching to a joint powers authority. He said staff would invite Skip McIntyre to the next meeting. Inflation numbers will be available at the next meeting. S. Schectman added that she would be working with S. Thielfoldt,and C. Britton to prepare the report on the joint powers authority. She talked about the JPIA and said things looked favorable. L. Hassett complimented the committee and staff and talked about his philosophy of where the budget is going. He said he appreciated the six percent budget figures, but staff needs to consider the maturity of the District and look at increases in resource management and operations and not get so locked in to the six percent number. P. Siemens commented regarding the guidelines and said the Administration and Budget Committee is discussing them. C. Agenda Item No. 3-Authorize the General Manager to Execute Contracts with Gilpin Geosciences of Mill Valley to Provide Consulting Services for Three Project : The -ment M —M -Funde s &Federal Emergency Manage Agg (F-E A) Qra gown Gulch Trail Repair and Reconstruction at Purisima Creek Redwoods Queen Space Preserve in an Amount Not to Exc eed $62,500:The Methuselah Trail Bridge at El Corte de-M-adera,Creek Open Space Preserve in an Amount Not to Exceed $53.000. and Peer Review Services Related to the El-Kareh Meeting 02-05 Page 6 Encroachment Near Foothills Qp gn Spm PEggryA in an Amount Not to Exceed $3,000- &Rgrt R-02-40). A. Ruiz presented the report. I Cyr said he appreciated the efficiency of this approach but would like to make sure staff does not shift away from seeking the lowest responsible bidder in other circumstances. A. Ruiz explained why staff used the method. S. Schectman added that low bid does not apply to professional services. Cost is one of the factors considered along with qualifications for the particular work. C.Woodbury said that it is based on qualifications which is the standard most agencies follow. Staff will go to bid for construction. A. Ruiz said that both bridges will be trail bridges. Motion. P. Siemens moved that the Board authorize the General Manager to execute contracts with Gilpin Geosciences of Mill Valley as follows: (a) To prepare topographic surveys; conduct design studies;prepare plans, details, specifications, and cost estimates; and obtain permits for the FEMA-funded Grabtown Gulch Trail repair and reconstruction project at Purisima Creek Redwoods Open Space Preserve in an amount not to exceed$62,500. (b) To conduct design studies;prepare plans, details, specifications, and cost estimates; and obtain permits for the Methuselah Trail Bridge project at El Corte de Madera Creek Open Space Preserve in an amount not to exceed $53,000. (c) To provide peer review of repairs associated with the El-Kareh encroachment near Foothills Open Space Preserve in an amount not to exceed$3,000. N. Hanko seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4- Authorize the General Manager IQ Ex-g=a Contract with FI-eyer&Laureta. Inc., of San Mateo in An Amount Not IQ Ex ceed 147,132.75 to Conduct Design Studies and Biglggiol Surveys;Prepare Plans,Details. Specifications. and Cost Estimates:Obtain Permits for Implementation of the Lower Sig Ridge Trail Re-Route and Satim!Pond Qbmr-y-uion Area: and Condugi an Enniimring ftnibilky Study for a Potential Alternate Ridge Trail Alignment at Windy Hill Qpen Space Preserve-(depart R-02-41). A. Ruiz showed the project area on a map. N. Hanko said when the committee looked at the"area of concern", their concern was that it was not feasible to put a trail in there. She recommended talking to the Audubon Society. I Escobar said staff did not feel comfortable saying for sure that it is not feasibleUlu e. C. Britton commented that this is actually a minor part Pf the contract. The possibility of going to the other side of Meeting 02-05 Page 7 Skyline is a ten-year project. The District has a grant of$25,000 to construct a trail if it is feasible. The Board still has not made a decision on this. Staff is hoping they can solve this problem. K. Nitz asked why staff could not use the Lost Trail. A. Ruiz said staff wants to be able to offer all options. I Escobar said the area of concern is 100 yards long at most. He did not think a bridge was the solution. I Escobar clarified that what paralleled Skyline was a dirt road built so farmers could move livestock and not have them on Skyline. Drainage structures are in place. Henry Pastorelli, 1207 Lisa Court,Los Altos,President of ROMP,thanked the Board for continuing to maintain their commitment to multiple use on the Ridge Trails. He said he had a major safety concern with bicyclists crossing over Skyline Blvd. His major concern with the process is that it sounds like the Lost Trail had been eliminated from consideration. He asked if this is a policy decision that any future trail openings will not intersect with hiking-only trails. He said he and his wife hiked the Lost Trail last year. He said with$25,000 of funding, any potential environmental impacts could be fixed. If the District does go to opening another road that existed in the past, he perceived more environmental damage by opening that parallel trail. He proposed looking at opening the Lost Trail to multiple use first. C.Britton said staff would bring back the history of the area when it comes back to the Board Patty Ciesla, 11990 Page Mill Road,Los Altos Hills, passed out handouts. She echoed H. Pastorelli's comments. Her main concern was that maybe staff was asking the wrong question. She said the District needs to ask whether it is the right thing to do, not whether it is feasible. She asked why the District wants to build another trail between the road and the Lost Trail. She believed it was fear of bringing bikes onto the trail and user conflicts. She said the District might be sacrificing their resource protection principles. She thought there were ways to engineer things into the trail so that conflicts are much less likely. She talked about the suggestions included 1ud ed in the handouts. c K.Nitz asked if there had been problems with equestrians and bicyclists on the Lost Trail and if that had been one of the considerations of the ad hoc committee. D. Little said it is a fairly narrow and flat trail with curves and wet areas. He said the District does not have a policy of closing trails to bikes that might have tempting connector trails, but the District does have a policy of trying to avoid user conflicts and minimizing the possibility of users making mistakes. Their feeling is if the District can minimize user conflicts and use a corridor that is not of high ecological value, this might be a good opportunity and good use of resources. H. Pastorelli thought the bell suggestion was good. C. Britton said staff will look j into it. I Meeting 02-05 Page 8 Mo i n: P. Siemens moved that the Board authorize the General Manager to execute a contract with Freyer&Laureta, Inc., of San Mateo in an amount not to exceed $47,132.75 to conduct design studies and biological surveys; prepare plans, details, specifications, and cost estimates; obtain permits for implementation of the lower Spring Ridge Trail reroute and Sausal Pond observation area; and conduct an engineering feasibility study for a potential alternateRidge Trail alignment at Windy Hill Open Space Preserve. K.Nitz seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5- Authorization to R g:un _hffn Santa Clara County In the Amount of$23.723.32 for Water Costs Incurred at Rancho San Antonio Park Pursuant to the Opmfion and Management Agreement for Rancho San Antonio CoLnAy Park Between the County of Santa Clara and Midpeninsula Ressional Qnen Space District—Moort R-02-35). I Maciel presented the staff report. He said the problem is fixed, and the bill will now be a fraction, perhaps 1/3 or less. San Jose Water bears no responsibility. C. Britton said the District is now getting the bill directly so staff will know sooner if a problem exists. Motion: M. Davey moved that the Board authorize the General Manger to reimburse Santa Clara County Parks in the amount of$23,723.32 for water service costs incurred at Rancho San Antonio Park. N. Hanko seconded the motion. Discussion: Discussion followed regarding the billing process and whether the District should have to pay the full amount. C.Britton agreed that it was a result of an error and that inefficiencies of the County may have cost the District. However, he did not think it merited further dispute. Vote: The motion passed 7 to 0. F. Agenda Item No. 6-Authorize the General Manager to Purchase Eight Trailhead Signboards From General Graphics Exhibits of San Francisco In An Amount Not to Exceed $30.000 for Fiscal Year 2002-2003 —M=rt R-02-381. C. Woodbury presented statTs recommendations. She talked about the cost of the signs and said a prototype was being installed at Windy Hill. She passed around a drawing and said the signs will last nearly forever. They have grant funds to pay for them. Staff had contacted several vendors. Motion: M. Davey moved that the Board authorize the General Manager to purchase eight trailhead signboards from General Graphics iExhibits of San Francisco in an amount not to exceed $30,0W for Meeting 02-05 Page 9 fiscal year 2002-2003. N.Hanko seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS J. Cyr reported that the Administration and Budget Committee had been working hard. L. Hassett: 1. He was not sure he would be at the next Board meeting. He talked about the Planning Commission hearing. 2. He said there were a few seats available at his table for the Tall Tree Award ceremony on April 4. M. Davey: 1. She reported that the hearing before the Planning Commission last week about the Stanford hillside proposed zoning was continued to April 4. C. Britton said that a letter from the District will be on the March 27 agenda. 2. She asked how much potential there was for the District getting Proposition 40 funds. C. Britton said he did not know,but a conservative estimate was $10 million. He said he would keep the Board posted, and added that it is a competitive process. K. Nitz said the wildflowers are in bloom at Pulgas Ridge. N. Hanko: 1. She spoke at the County Planning Commission meeting representing the District on the Stanford issue, and as an individual on the Steven's Creek Quary item. The Commission pled for additional time as not everybody had received the proposed ordinance prior to the meeting. Palo Alto City Council will consider it on April 1. She suggested a different zoning, AC, agricultural conservation. 2. She said she would inform Wendy Crowder that the memorial bench is in place. D. Little: 1. He hiked at Monte Bello and met the author of the District's book He also sighted a coyote who seemed unafraid. 2. He had recently returned from London and asked what the British public parks, museums, and monuments have in common with the District and not with State and County Parks(no admission fees). C. Britton: 1. He reported the results of Proposition 40 (58 percent in favor). 2. Measure K in the East Bay failed. 3. He passed out the latest information on Site 25 at Moffett and said staff will be responding to the draft plan. 4. The Palo Alto State of the City event will be on April 3. 5. He hoped all Board Members had met with the author of the District book. He had met with him. 6. The Coastal Partnership Conference is scheduled for April 26-27. 7. The AB 953 hearing is rescheduled for March 20. Urgency wording is now included. He said the staff would be very careful with their budget until they know about the State budget. 8. He noted staff is planning to cancel the April 10 Board meeting, as three Board Members will be missing. 9. He said he thought they needed to be careful regarding references to politics during meetings. 10. San Jose Water has a signed permit to enter District land to complete the process of new tank construction on the Krone Bishop property. Meeting 02-05 Page 10 S. Thielfoldt reminded Board Members that their Statements of Economic Interest were due on March 20. J. Maciel: 1. He reported on D. Sanguinetti, noting that he is doing well. 2. They have hired a new Open Space Technician. T. Fischer had just returned from a meeting of the Los Gatos City Council where they were discussing the Blair easement off Kennedy Road at Sierra Azul. An applicant had applied for a one million gallon water tank for one house. T.Fischer told the Commission that a subdivision application was coming through on the same property. The Commission postponed the tank item so they will be heard at the same time. C. Woodbury announced that if the weather holds, the parking lot would be resurfaced and re-striped during the coming weekend. X. ADJOURNMENT At 10:12 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-05 Meeting 02-05 March 13, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3314 150.00 Acme&Sons Sanitation Sanitation Services 3315 145.78 ADT Security Services Alarm Service 3316 2,136.94 Allied Auto Works Vehicle Maintenance 3317 1,995.00 Art-Craft Carpet and Linoleum Enterprise Expense-Purisima House 3318 60.76 AT&T Long Distant Telephone Services 3319 216.09 AT&T Wireless Cellular Telephone Services 3320 260.42 Michael Bankosh Reimbursement-Uniform Expense 3321 10,821.38 Barg, Coffin, Lewis&Trapp Legal Services-Guadalupe River Watershed 3322 247.33 Barron Park Supply Company Field Supplies 3323 198.26 Craig Beckman Reimbursement-Uniform Expense 3324 122.49 Browning Ferris Industries Refuse Services 3325 140.00 California Park and Recreation Society Membership Dues 3326 3,240.00 California Conservation Corps. CCC Crew-Bear Creek Project 3327 37.22 California Water Service Company Water Service 3328 71.97 Kerry Carlson Reimbursement-Uniform Expense 3329 15,237.00 Citation Press Printing and Mailing Spring Newsletter 3330 18.00 Coastal Conservancy Subscription Renewal 3331 187.25 Compu-Tech Systems, LLC Equipment Repair 3332 1,125.00 Concern Employee Assistance Program 3333 64.54 Bunny Congdon Reimbursement-Private Vehicle Expense 3334 271.23 Costco Field and Office Supplies 3335 6,372.00 Cotton, Shires&Associates, Inc El Corte de Madera Erosion Control Services 3336 39.89 Steve Davison Reimbursement-Uniform Expense 3337 1,210.00 Decatur Electronics Radar Unit 3338 50.00 Del Rey Building Maintenance Building Maintenance-Distel Circle 3339 3,676.98 Design Concepts Brochures and Slide Show Revisions 3340 3,045.00 Digital Engineering Corporation Mapping Software 3341 1,000.00 Kevin Emery Builder Enterprise Expense-Smith House Repairs 3342 100.00 John Escobar Reimbursement-Membership Dues 3343 756.68 Expanets Phone Maintenance Warranties 3344 3,75118 *1 First Bankcard 1225.74 Conference Expenses 1098.80 Training-Rangers 92.35 Business Meeting Expense 664.15 Uniform Expense 495.07 Field Supplies 77.07 Office Supplies 74.10 Membership Dues 24.90 Internet Services 3345 51.88 Tom Fischer Reimbursement-Field Supplies 3346 173.71 Foster Brothers Security Systems, Inc. Keys 3347 3,317.07 Freyer& Laureta, Inc. Civil Engineering-Old Page Mill Road 3348 25.24 Gardenland Power Equipment Field Supplies 3349 176.62 Goodco Press Photocopying 3350 96.00 Guy Plumbing and Heating, Inc. Plumbing Services-Purisima House 3351 555.67 Interstate Traffic Control Products Safety Signs 3352 24,406.49 Jakaby Engineering Consulting Services-El Corte de Madera 3353 2,124.80 Javelco Equipment Services, Inc. Field Equipment 3354 2,850.00 Tamara Kan Consultant-Plant Surveying-Russian Ridge Page 1 Claims No. 02-05 Meeting 02-05 March 13, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3355 1,644.81 Lanier Worldwide, Inc. Copier Leases 3356 2,824.52 Liebert Cassidy Whitmore Legal Services 3357 47.43 Life-Assist First Aid Supplies 3358 17,692.79 Locus Technologies Technical/Biological Service-Guadalupe River Watershed-NRI), 3359 114.64 Los Altos Garbage Company Garbage Services 3360 1,066.74 Maaco Auto Painting and Bodyworks District Vehicle Repairs 3361 380.00 Macias, Gini& Company Final Payment on 2000 Audit 3362 68.74 MCI Telephone Service 3363 60.00 MetroMobile Communications Radio Service 3364 396.20 Micromedia, Inc. Microfilming 2002 Reports 3365 175.00 National Towing and Transport Vehicle Towing 3366 421.33 Pacific Bell Telephone Service 3367 160.97 Pacific Water Systems Water Supplies-Enterprise 3368 100.00 City of Palo Alto Utilities Utilities 3369 303.97 Pip Printing Map Printing and Folding 3370 1,325.47 Pitney Bowes Postage 3371 965.22 Portola Park Heights Property Owners Assoc. Road Agreement 3372 1,697.20 Precise Mailing, Inc. Mailing of Spring Newsletter 3373 11.71 Rancho Ace Hardware&Garden Shop Field Supplies 3374 1,000.00 Rentco Fence Fencing-Alma College Site 3375 2,485.92 Roy's Repairs Service District Vehicle Repairs 3376 124.25 Safety-Kleen Solvent Tank Service 3377 52.44 David Sanguinetti Private Vehicle Expense 3378 623.21 San Jose Mercury News Classified Employment Advertisement 3379 51.93 San Mateo County Times Subscription 3380 371.00 *2 San Mateo County Planning& Building Division Permit--Sandstone Trail 3381 10.00 *3 San Mateo County Public Health Laboratory Tick Test 3382 10.00 *4 San Mateo County Public Health Laboratory Tick Test 3383 69.00 Susan Schectman Private Vehicle Expense 3384 197.91 Second Cup Local Business Meeting 3385 2,070.00 Richard Seever Pig Control Services 3386 64.00 Sequoia Analytical Water Quality Test 3387 1,200.00 Bill Shearer Leadership Training Instructor 3388 9.52 Skywood Market Field Supplies 3389 938.17 Shell Credit Card Center Fuel 3390 31.95 *5 Sonia's Deli Local Business Meeting Expense 3391 368.59 Stevens Creek Quarry, Inc. Baserock 3392 197.63 Tadco Supply Field Supplies 3393 135.52 Tires on the Go Vehicle Tires 3394 150.00 Transworld Media Group Recruitment Advertisement 3395 1,652.59 United Rental Equipment Rental 3396 9.87 *6 United Parcel Service Parcel Delivery 3397 160.00 Rich Voss Trucking, Inc. Rock Delivery 3398 35.87 Verizon Pager Service 3399 2,487.50 Robert Walery Consulting Services-Acquisition 3400 550.00 *7 Walker Construction Wood Stove Installation-Mora Residence 3401 2,000.00 *8 David Weintraub District Book Authorship 3402 200,00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 3403 52.44 Sumudu Welaratna Private Vehicle Expense Page 2 Claims No. 02-05 Meeting 02-05 March 13, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3404R 1,500.00 California Joint Powers Insurance Authority Application Fee/Membership 3405R 313.03 Central Precast Concrete, Inc. Road Repairs-Storm Drain 3406R 4.86 State Board of Equalization Fuel Tax 3407R 2,400.00 Mike Tobar Excavation Retainage-Williams Property Demo Project 3408R 516.83 Petty Cash Private Vehicle Expense, Local Business Meeting Expense, Office Supplies, Printing Services and Nature Center Supplies Total 142,027.64 *1 Urgent Check Issued March 5, 2002 *2 Urgent Check Issued March 4, 2002 *3 Urgent Check Issued February 27, 2002 *4 Urgent Check Issued March 5, 2002 *5 Urgent Check Issued March 5, 2002 *6 Urgent Check Issued March 5, 2002 *7 Urgent Check Issued March 6, 2002 *8 Urgent Check Issued February 28, 2002 Page 3 Regional Open SAC e s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-60 Meeting 02-07 April 24, 2002 AGENDA ITEM 1 AGENDA ITEM Authorization to Extend Contracts with Design Concepts for Graphic Design Services, Citation Press for Printing Services, and Precise Mailing, Inc. for Mailing Services for Fiscal Y ear 2002-2003 ASSISTANT GENERAL MANAGER'S RECOMMENDATIO ?design Authorize the General Manager to extend the contract for graphirvices with Design Concepts for an amount not to exceed$37,900; to extend the contract for printing services with Citation Press for an amount not to exceed$120,000; and to extend the contract for mailing services with Precise Mailing, Inc. for an amount not to exceed$26,500 for fiscal year 2002-2003. DISCUSSION At your July 11, 2001 meeting,you authorized the General Manager to enter into a contract with Design Concepts of Mountain View for the remainder of fiscal year 2001-2002 for an amount not to exceed $35,000,with an option to extend the contract at a set price through fiscal year 2002-2003 (see Report R- 01-78). At your July 25, 2001 meeting,you authorized the General Manager to enter into a contract with Citation Press of Santa Clara for the remainder of fiscal year 2001-2002 for an amount not to exceed $100,000 (see Report R-01-90), with a similar option to extend. And, at your October 24,2001 meeting, you authorized the General Manager to enter into a contract with Precise Mailing, Inc. of San Mateo for the remainder of fiscal year 2001-2002 for an amount not to exceed$18,000, also with an option to extend(see Report R-01-118). These contracts were all initiated partially through the previous fiscal year. As such,you approved these contracts with the option to extend them to fiscal year 2002-2003, subject to further Board approval. Staff has worked with these service providers on various projects over the last five to eight months, and is completely satisfied with their services and the value provided for the District dollar. Each of these companies has delivered a high level of customer service and response to urgent service needs in a timely manner. Given the District's excellent experience with overall high quality and professional services provided by Design Concepts, Citation Press, and Precise Mailing, Inc., staff recommends that the Board approve the District's option to extend the contracts with Design Concepts,Citation Press,and Precise Mailing, Inc. for fiscal year 2002-2003 for amounts not to exceed$37,900, $120,000,and$26,500,respectively. Should you approve the extensions of these contracts for 2002-2003, staff will solicit new proposals for these services for fiscal year 2003-2004. Prepared by: Kristi Webb,Public Affairs Specialist Contact person: Stephanie Jensen,Public Affairs Manager 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485• E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open c ice Aa MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-63 Meeting 02-07 April 24, 2002 AGENDA ITEM 2 AGENDAITEM Proposed Addition of an Undivided Two-Thirds Interest in the Ham, et al. Property to the Monte Bello Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS ft 60 1. Determine that the recommended actions are categorically ex pt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing purchase of a two-thirds interest in the Ham, et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Monte Bello Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (see attached map) The 35.64-acre Ham, et al. property is located in Stevens Creek Canyon and adjacent to the Monte Bello Open Space Preserve. Bordering Stevens Canyon Road and including a portion of Stevens Creek, the property ascends steeply up the south side of Monte Bello Ridge. An unsurfaced driveway extends the length of the property providing trail access up to the southeast corner of Monte Bello Open Space Preserve where there is a prominent hilltop offering panoramic views of Stevens Creek and Sanborn Canyons from Skyline-Sanborn County Park northward to Skyline Ridge and Russian Ridge Open Space Preserves. The Stevens Creek Trail,jointly proposed by the County of Santa Clara and the District to connect Lower Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve, is planned in the vicinity of the property. Besides valuable trail opportunities, acquisition of the property will provide for protection of an attractive segment of Stevens Creek and valuable wildlife habitat, including an attractive open oak woodland community situated on a nearly level plateau near the center of the property. The Ham, et al. property is comprised of three contiguous parcels that are bounded by Stevens Canyon Road to the south, Monte Bello Open Space Preserve to the north, and private properties to the east and west. In May 2001, the District acquired a portion of the Lobner property lying directly to the west and holds a right of first refusal for the remaining portion(see Report R-01-31). Upper Stevens Creek County Park is located approximately 1/10"'mile to the west of the property. Vehicular access is provided from Stevens Canyon Road, a County maintained paved road that is gated within the property,preventing public vehicular traffic through the west end of the road and onto the adjacent Lobner Property. The property's rugged south-facing slopes climb nearly 600 feet in elevation from Stevens Creek up to the vista point in the northeast corner. The diverse landscape ranges from a densely wooded riparian corridor along Stevens Creek where there are very large Sycamore trees to an open oak woodland community near the middle of the property and transitioning to chaparral on the steep slopes extending up to the northern boundary. A second riparian corridor follows a deep ravine from the southwest corner of the property up towards the edge of the oak 330 Distel Circle • Los Altos CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton R-02-63 Page 2 woodland. To the east of the ravine,the unsurfaced driveway switches back and forth up the hill, connecting from Stevens Canyon Road to a graded homesite at the northeast comer. The upper portion of the road is extremely steep, badly constructed, and highly eroded. Other grading has occurred near the center of the property where two additional homesites and roads were planned in the oak woodland; one of the roads was graded onto the adjacent private property but it is closed off and overgrown. A well was installed adjacent to Stevens Canyon Road and has been enclosed with a chain link fence. 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 three legal parcels and has a potential density of three residential sites. Residential development of the central 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 hillsides. Remaining Privately Owned One-Third Interest At this time,the District is acquiring a two-thirds interest in the entire property with another private party owning the remaining one-third interest. The property has been marketed at$1,500,000 for residential development but there are significant building constraints that have made this difficult. The District intends to work with the remaining owner in attempting to acquire the final one-third interest. Further development of roads, homesites and other infrastructure will be closely monitored and discouraged as it is the District's intent to protect the property's valuable natural resources. 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. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Improvements: Install gate and fencing at driveway access at Stevens Canyon Road. Debris Removal: Remove debris located in the lower ravine above Stevens Canyon Road. Monitoring: Regularly inspect the property and monitor planning activities and permit applications at the County of Santa Clara. Name: Name the property as an addition to the Monte Bello Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time, R-02-63 Page 3 Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEOA COMPLIANCE Project Desg6ption The project consists of the acquisition of a two-thirds interest in a 35.64-acre property as an addition to the Monte Bello 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 Monte Bello Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows: 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. 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 two-thirds fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Monte Bello Open Space Preserve. This acquisition qualifies under three 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 The purchase price of this undivided two-thirds interest in this 35.64-acre property is $600,000. The property consists of three separate, legal parcels with the potential for three building sites. The property is currently listed for sale with an asking price of$1,500,000, or approximately$500,000 per building site. The seller's real estate broker has agreed to reduce the real estate commission to 3%, as the District is a public agency that represents itself in all real estate transactions. Therefore, as part of this transaction,the District will pay the seller's side of the real estate commission of 3%, or$18,000, The total District purchase price for this transaction is $618,000, which is payable in cash at the close of escrow. The purchase price of this two-thirds interest is considered fair and reasonable in this market area. Staff had originally tried to negotiate a purchase of the entire property. Ajudgment lien has been recorded against the real property of the owner of the remaining undivided one-third interest. The District has been informed that the amount currently owing under the lien is $345,350.00. This lien attaches solely to the one-third interest of the debtor. The debtor is current on his payments. At this point, staff has been unable to negotiate a mutually R-02-63 Page 4 acceptable purchase price for the remaining one-third interest, likely due to the outstanding lien which would have to be satisfied out of the purchase price. Therefore, staff is recommending the purchase of the undivided two- thirds interest. The District will receive a policy of title insurance for its undivided two-thirds interest free and clear of this judgement lien. However, District staff will work with the remaining owner toward a mutually agreeable solution towards future use,management, and ownership responsibilities. BUDGET CONSIDERATIONS 2002-2003 Budget for Land Acquisition New Land $25,000,000 New Land Purchased this year Ham, et al. Property (618,000) Acquisition Budget Remaining Controller M. Foster was consulted on this proposed acquisition 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 02- 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 (MONTE BELLO OPEN SPACE PRESERVE—LANDS OF HAM, ET AL.) 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 between David Lee Ham and Jayne Yee Ham, Trustees of the Ham Living Trust, dated December 9, 2000 and Robert H. Leonard 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 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 other transactional documents which do not involve any material change to any term of the Agreement 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 $5,000 to cover the cost of title insurance, escrow fees, 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$618,000 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. Monte Bello Open Space Preserve - Ham et al. Acquisition 1 O f ` 4 \ I 1 T`A Proposed Ham et al. 's (Approx. 35.64 acres) • Former Lobner Property nt \ a ri Si 09� en SP c rr �� LOCAL MAP ® 0 300 600 900 1200 Feet Regional Open 1 ice Am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-57 Meeting 02-07 April 24, 2002 AGENDA ITEM 3 AGENDA ITEM Authorization to Award a Contract for Painting the Red Barn Located in La Honda Creek Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a contract with Crys Springs Painting Co.,Inc. of Woodside for the bid amount of$19,493.59,plus a contingency amount of$2,000, for a total contract amount not to exceed$21,493.59 for painting the Red Barn located in La Honda Creek Open Space Preserve. DISCUSSION At your meeting on October 24,2001,you authorized staff to solicit bids for repainting the Red Barn and replacing the roof(see Report R-01-119). The re-roofing,which addressed existing major leaks, increased structural strength, and improved the aesthetic quality of the building,is now complete. The painting project includes paint film stabilization for the existing lead-based paint on the building, replacing damaged siding,treating incidental dry-rot,and repainting the entire exterior. The District retained Stan Reynolds Consulting of San Francisco to develop the technical specifications for the removal and treatment of the lead-based paint on the exterior of the building. Professionals certified for working with hazardous materials will be in charge of the handling and disposal of all lead- contaminated materials. Once the hazardous material is removed, District field staff and other uncertified personnel will be able to safely work on and around the barn. A pre-bid meeting was held on site on April 10,2002. As only one contractor attended, another pre-bid meeting was held on April 12, 2002, which was attended by two prospective contractors. Sealed bids were due on April 16, 2002 and two bids were received: I Bidder Location Total Bid I Crystal Springs Painting Co., Inc. Woodside $19,493.59 II Accent on Excellence San Francisco $21,647.00 The Information to Bidders notes that"the contract will be awarded to the bidder determined to be the lowest responsible and responsive bidder. Having reviewed the bidders qualifications and the Bid Proposal, staff recommends awarding the contract in the amount of$19,493.59 to Crystal Springs Painting Co., Inc., the lowest responsible bidder. The Bid Proposal includes sufficient equipment and labor to accomplish the paint film stabilization for existing lead-based paint,replace damaged wood siding,treat incidental dry rot, and repaint the exterior of the barn. In order to minimize costs, the District will furnish the new wood siding,paint,primer,and wood sealer in addition to providing scaffolding and a portable restroom. 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 ftw ®..'°" 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-02-57 Page 2 Few change orders are anticipated for this project,and the costs for any additional work will be controlled by unit prices established during the bidding process. A contingency allowance of$2,000 will bring the total contract amount to$21,493.59. The contingency allowance is expected to cover the cost of any services determined to be necessary by the certified lead-based paint specialists not identified in the original scope of work for this contract. Staff recommends that the amount of funding required for these additions be authorized on a"not-to-exceed"basis. The painting project has been planned to preserve the historic integrity of the building and to avoid interfering with the pallid bats living in the barn. Staff anticipates the project will be completed by mid- May in order to reduce impacts on the bats as they enter their breeding season in late spring. The District's bat consultants will be available throughout the project for on-call consultations with the contractors and District staff. The red paint has been chosen to match the original color of the Red Barn as closely as possible. Notification of this project will be posted on the District's website and signs will be installed on site at La Honda Creek Open Space Preserve to inform the public of the activities of the project. Funding Planning's approved budget for fiscal year 2002-2003 includes$15,000 for the Red Barn,and includes the removal of hazardous materials,the exterior repairs, and the paint. Staff estimates an additional $21,073.59 is necessary to fund the entire project,for a total cost of$36,073.59. Painting Contractor $19,493.59 Contingency $2,000.00 Scaffolding $5,280.00 Portable Restroom $300.00 Consultant Fees $3,000.00 Wood Siding $5,000.00 Paint,Primer,and Dry Rot Repair Materials +$1,000.00 Total Cost $36,073.59 Less Budgeted Amount $15,000.00 Total Budget Increase $21,073.59 1 CEOA COMPLIANCE At your meeting on October 24, 2001,you determined that this project is categorically exempt from the California Environmental Quality Act(CEQA)based upon findings contained in Report R-0 1-119. Prepared by: John Cahill,Planner Il Sumudu Welaratna,Planning Technician Contact person(s): Same as above Regional Open S ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-55 Meeting 02-07 April 24, 2002 AGENDA ITEM 4 AGENDA ITEM Authorization to Purchase Interpretive Signs from General Graphics Exhibits in an Amount Not to Exceed$16,500 for Projects at El Corte de Madera Creek,Windy Hill,and Skyline Ridge Open Space Preserves ASSISTANT GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to purchase interpretive signing p ducts from General Graphics Exhibits of San Francisco in an amount not to exceed$16,500 for fiscal year 2002-2003. DISCUSSION The Planning Department's Action Plan and Work Program for fiscal year 2002-2003 contain three projects that include interpretive signing components. These interpretive signs are located at the observation deck under construction adjacent to the sandstone formation at El Corte de Madera Creek Open Space Preserve,the future observation area near Sausal Pond at Windy Hill Open Space Preserve, and the new interior exhibits for the Daniel's Nature Center at Skyline Ridge Open Space Preserve(see Report R-01-35). These signs and exhibits are an integral part of these improvement projects and will help educate preserve visitors about natural resources and the local environment. To maintain a consistent aesthetic,maximize productivity,and avoid the need to work with multiple sign vendors, staff developed sample specifications for a set of interpretive signs similar to those installed on the Stevens Creek Nature Trail at Monte Bello Open Space Preserve. Vendors were asked to provide itemized price quotations based on specifications for setup,materials, size, framing, finish,and delivery of seven individual signs. Staff chose to use the signs on the Stevens Creek Nature Trail as a basis for the vendors' proposals because it would ensure that the District would receive an attractive, durable, and high quality product. General Graphics Exhibits, a local company in San Francisco,was the only vendor to respond with a quote on the sample project. It is also the vendor that is currently producing the newly designed trailhead signboards for the District, and its products are superior in quality. Staff has also found that this vendor's close proximity to the District has been quite beneficial. The Planning Departments budget for fiscal Year 2002-2003 includes a total of$16,500 for interpretive signs and exhibits. Therefore, staff recommends that you authorize the General Manager to purchase these products from General Graphics Exhibits in a total amount not to exceed the budgeted amount. Prepared b : p Y Douglas Vu, Open Space Planner Contact Person: Same as above 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200 Fax:650-691-0485 - E-mail:mrosd®openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz- General Manager:L.Craig Britton Regional Open S, ice Am,y R-02-61 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 April 24, 2002 AGENDA ITEM 5 AGENDA ITEM Approval of an Application for a Land and Water Conservation Fund(LWCF)Grant for the Public Access Improvements Project at El Corte de Madera Creek Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATION W* Adopt the attached Resolution approving the application for a L d and Water Conservation Fund Grant for the Public Access Improvements Project at El Corte de Madera Creek Open Space Preserve. DISCUSSION Land and Water Conservation Fund The Land and Water Conservation Fund is a federal grant program which assists state and local agencies with planning, acquiring, and developing public recreation areas and facilities. The grants are administered in California by the State Department of Parks and Recreation(DPR),which awards grants to local agencies on a competitive basis and according to population distribution. DPR has indicated that California's allocation this year is approximately $13 million,with$3 million available to Northern California local agencies. LWCF grants provide up to 50%reimbursement of total project costs; therefore,until a project is completed,the agency would need to completely fund the project. Applications for this year's grants are due on May 1,2002. The Planning Department's Action Plan for Fiscal Year 2002-2003 includes identifying a source of funding for public access improvements in El Corte de Madera Creek Open Space Preserve as a key project. To determine grant distribution, DPR uses criteria established by the National Park Service and priorities identified in the California Outdoor Recreation Plan(CORP),a statewide policy guide. Projects proposed for the grants are evaluated and ranked according to how well they align with the criteria, CORP priorities, and local needs. Except for wetlands, development projects are rated higher than acquisition proposals, and combined development/acquisition projects are excluded. Higher priority points are given to projects that provide facilities for hiking,bird watching and nature study,walking, and bicycling. While contributing to the ranking,a somewhat lower value is given to facilities for horseback riding, organized walks,mountain biking, and jogging or running uses. Multi-use facilities are pro-rated in value according to the percentage of the costs that would apply to each use. Projects providing support facilities, such as restrooms and parking areas, are also funded,but have lower priority status. Previously,the District has received 14 LWCF grants for either acquisition or development, 12 of which are completed and 2 that are in progress. The most recent grants are for the Pulgas Ridge Public Access Improvements in 2001 (see Report R-01-54)and the Bay Area Ridge Trail Alignment at Saratoga Summit Gateway in 2000 (see Report R-00-78). en S Description of the Public Access Improvement Project for El Corte de Madera Creek Op pace Preserve The project which is the subject of this grant application consists of the development of facilities shown within the El Corte de Madera Creek Open Space Preserve Study Area 2 Trails Plan, a part of 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 *=Q] OF—RIEn 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-02-61 Page 2 preserve's Use and Management Plan. The Study Area 2 Trails Plan was tentatively approved by the Board on February 24, 1999(see Report R-99-34),with final approval on March 24, 1999 (see Report R-99-45). This Board action also approved specific closures of some very steep, eroding trails in order to allow for their restoration,replacing the consequent lost mileage with trails in better locations. The closures are completed and restoration underway. Included in the grant proposal are approximately 2.2 miles of new or realigned multi-use trails. The new trails would broaden access opportunities for hikers and less-skilled bicyclists,reduce the potential for conflicts between user groups, and provide a more efficient use of the existing trail network. One of the new trails will begin near the proposed staging(parking) area and will provide more direct access to the long trail loops to the west that appeal to mountain bicyclists. This leaves the trails nearest the road and parking area more open for walkers. The new portion of trail would connect to the Sierra Morena Trail, permitting less vigorous cyclists or walkers to enjoy a shorter, flatter loop experience. The preserve does not now provide any parking. Virtually all visitors to the preserve arrive by vehicle from urban areas, some from within the District and others from as far away as Marin, San Francisco, and Alameda Counties. Visitors currently park at the Caltrans Skegg's Point vista point parking lot across Skyline Boulevard,at the limited-access trailhead gates, or along the roadside. A new parking lot with well-designed highway access was part of the initial planning for this preserve. A parking lot within the preserve can be patrolled and monitored by District staff and relieve some of the impact on Caltrans' Skegg's Point lot. Since the preserve has no nearby access to sanitary facilities,the installation of a toilet near the parking area is expected to be welcomed by users. The costs of investigating alternate sites, site planning, engineering, and constructing this new parking lot, shown in the Trails Plan near the Gordon Mill Trailhead,will be included in the grant request. This portion of the project serves the CORP priorities mentioned above,meets important local needs, and enhances enjoyment and use of the preserve. CEOA Compliance The District has concluded that applying for a grant does not constitute a project under California Environmental Quality Act(CEQA). Therefore,the recommended action is exempt from CEQA. In 1999,the Board determined that changes prescribed by the Trail Use Plan for Study Area 2 were categorically exempt from the California Environmental Quality Act under Exemptions 15303, 15304 and 15061. These Categorical Exemptions apply to the trails,bridge, and sign construction. Should the District receive the grant and subsequently decide to proceed further with the project, staff will perform a review under CEQA at the appropriate earliest opportunity,and proceed in a manner consistent with the District's recently adopted CEQA guidelines. Prepared by: Sandy Sommer,AICP, Senior Planner Ana Ruiz, Open Space Planner I Contact Persons: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR A GRANT FROM THE LAND AND WATER CONSERVATION FUND FOR EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE IMPROVED PUBLIC ACCESS PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-in-Aid Program,providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS,the State Department of Parks and Recreation is responsible for administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said application to the State; and WHEREAS, the proposed El Corte de Madera Creek Open Space Preserve Improved Public Access Project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan- 1994; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby: Approves the filing of an application for Land and Water Conservation Fund assistance; and Certifies that said agency has matching funds from Midpeninsula Regional Open Space District's General Fund and can finance 100 percent of the project, half of which will be reimbursed; and Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and Appoints the General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations and execute and submit all documents including,but not limited to, applications, agreements, amendments,billing statements, and so on, which may be necessary for the completion of the aforementioned project. Stu ,y Area 2 Trail Use E .an El Corte de Madera Creek Open Space Preserve Multi-Use Trails Skeggs Point Trailhead Close and Restore !O(CM01) �Trai/ New Construction/Realignment oc (Multi-Use) ().: _ � �Skeggs (l.> Point i T. , co , ) 3 'o , 0.5 ON Methuselah Trailhead i �CM02) 0 _ .4 S�yi 0.41, c,� 0.5 0.5 G� ,��o �►., °rena Tr Gordon Mill Trailhead ,� CM03) l 0 0.2 �g� 0.7 �0 ___ �i Proposed Parking % 0.3 0.3 ��� _?-(Log (CM04) 0.5 � c 1 (CM05) Q,o� JNG`C� feat 0.1 Study Area 2 Context Map not to scale Regional Open ice S MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-58 Meeting 02-07 April 24, 2002 AGENDA ITEM 6 AGENDA ITEM Authorization to Purchase Trail Directional Signs and Miscellaneous Preserve Signs from United Rentals Highway Technologies of San Jose for Fiscal Year 2002-2003 ASSISTANT GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to purchase trail directional sign and miscellaneous preserve signs as needed from United Rentals Highway Technologies of San Jose in an amount not to exceed$19,000 for Fiscal year 2002-2003. DISCUSSION Last fiscal year, the District began the process of changing the material of its trail directional signs from wood to metal because the wooden signs degrade in the sun and rain,while the metal signs are more durable and require much less maintenance. Approximately one-fourth of the District's signs have been replaced with metal signs and the remainder will be changed this year. Once these trail directional signs have been replaced, the number of signs ordered per year will be dramatically reduced as they will be limited to only periodic replacements and incidental new signs. Staff received bids from three sign vendors for an order of 25 trail directional signs: Company Price for Price for 1 Trail Sin 25 Trail Signs Delivery Time United Rentals Highway Technologies $37.50 $975.00 2- 3 weeks Callo Sign Company $390.00 $2,793.00 3 - 5 weeks Von Kohorn&Kitzmiller Si makers Inc. $373.00 $2,975.00 5 - 7 weeks The lowest unit prices and best availability of products was tendered by United Rentals Highway Technologies. United Rentals manufactured metal signs for the District last fiscal year, and the quality of its products and service were very high. Planning's budget for fiscal year 2002-2003 allocates funds to replace wooden trail directional signs wood with metal ones. The Operations budget for fiscal year 2002-2003 also includes funds for the purchase of miscellaneous preserve signs. Therefore, staff recommends the District purchase trail directional signs and miscellaneous preserve signs from United Rentals Highway Technologies during fiscal year 2002-2003 for a total amount not to exceed$19,000. Prepared by: Sumudu Welaratna,Planning Technician Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485• E-mail:mrosd®openspace.org • Web site:www.openspace.org ®. Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open 5 ice I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-59 Meeting 02-07 April 24, 2002 AGENDA ITEM 7 AGENDA ITEM Approval of the Notice of Completion of Contract for Roof Replacement of the Red Barn Located in La Honda Creek Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATION Authorize the President of the Board, or other appropriate office Ao execute the attached Notice of Completion and Acceptance of Work for the structural repairs and replacement of the roof on the Red Barn at La Honda Creek Open Space Preserve. DISCUSSION At your January 30, 2002 meeting,you authorized the General Manager to enter into a contract with Andy's Roofing Company, Inc. of Mountain View to do the roof-replacement project on the Red Barn for the base bid amount of$44 933 enc plus a contingency amount of$9 000 for a total contract amount not P g Y to exceed $53,933 (see Report R-02-22). On February 27, 2002, you authorized an increase in the contract with Andy's Roofing in the amount of$7,000, for a total contract amount not to exceed $60,933 (see Report R-02-32). This increase in the contract amount was to pay for uncalculated square footage of the roof over hanging the eaves and additional fascia and flashing replacement. The total cost incurred with Andy's Roofing Company is $60,933. The work done by Andy's Roofing Inc. included labor and materials to replace the barn roof. The entire roof area included the roofs of the main barn building, the storage loft(western lean-to), and the east annex. Installation of the new roof included placing plywood over the entire roof structure, and reinforcing or replacing the roof's existing damaged structural components. Staff provided a daily presence on site during the removal phase in order to direct all repairs, stay abreast of additional repairs not evident until the rafters were exposed, prevent delays in the contract, and assist in monitoring any disturbance to the bat community. After conducting a final inspection, staff is pleased with the performance of the contractor and has accepted the work as complete. The District has retained the payments due to Andy's Roofing, which is in accordance with the contract specifications. A check for the retained amount will be issued in 35 days. This allows adequate time to review evidence of payrolls, material bills, and other indebtedness connected with the project and ensure that they have been paid. Prepared by: Sumudu Welaratna, Planning Technician Contact Person: John Cahill, Open Space Planner II 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 Am OFAEE" Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C. Nitz • General Manager.L.Craig Britton when recorded mail to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: Planning Dept. DULY RECORDED WITHOUT FEE Pursuant to Government Code NOTICE OF Sections 6103, 27383. COMPLETION By: NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein, and Andy's Roofing Company, Inc., as Contractor therein, bearing the date February 8, 2002 for roof replacement on the Red Barn at La Honda Creek Open Space Preserve located at San Mateo County, State of California, was completed on the 21st day of March, 2002. Upon said contract, Fidelilty & Guaranty Insurance Company was surety on the bond given by said Andy's Roofing Company, Inc., the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022. That the site address of said work is as follows: 150 La Honda Road (Route 84), Woodside, CA, APN#078-280-020. BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Deane Little President, Board of Directors Dated Signed in Los Altos, California Regional Open F ice 1 R-02-54 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 April 24, 2002 AGENDA ITEM 8 AGENDA ITEM Approval of Amendment to Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless at Pulgas Ridge Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS �U! 1. Determine that the recommended actions are categorical) exempt from the California Environmental Quality Act (CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute the Amendment to Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless. DISCUSSION At your meeting of February 10, 1999, you approved a lease amendment with Sprint providing for the approval of a new lease with Bay Area Cellular Telephone Company (Report R-99-29). Subsequently, CellularOne became AT&T Wireless. Both Sprint and AT&T Wireless telecommunications facilities are located at an existing Pacific Gas and Electric Company (PG&E) transmission tower at Pulgas Ridge Open Space Preserve (see Exhibit A). The PG&E tower and lease area are situated at the southwest corner of the preserve adjacent to the CalTrans Park and Ride lot at Edgewood Road and Interstate 280 in unincorporated San Mateo County (see Exhibit B). The PG&E tower is not visible from the main part of the preserve where the public trail system is located. The existing lease with AT&T Wireless provides for three antennas on the existing PG&E tower and two equipment cabinets located at ground level below the tower within a 60 square foot lease area. A representative from AT&T Wireless contacted staff and proposed the addition of one equipment cabinet in their lease area. Any alterations or additions to the leased area require the written approval of the District. Lease Amendment Staff negotiated the Amendment to the Communications Site Lease and Agreement with Bay Area Cellular Telephone Company d/b/a AT&T Wireless. In exchange for adding one new cabinet (approximate dimensions 5' x 4' x 3') at ground level under the existing PG&E transmission tower, the annual rent will increase by $4,200 per annum from $13,892 to $18,092. This increase will be on a prorated basis during the current lease year (4th year) effective as of the date the County of San Mateo issues a building permit, or 60 days after 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 #gg Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Han ko,Larry Hassett,Kenneth C.Nitz •Genera!Manager:L.Craig Britton R-02-54 Page 2 execution of this Amendment, whichever occurs first. During the fifth year of the lease, rent will increase by 5%, or $904, from $18,092 to $18,996. RECOMMENDATION Staff supports the approval of the amendment to the AT&T Wireless Lease. The existing PG&E tower already compromises the scenic aspects of this area. Although visible from Interstate 280, the facilities are not visible from most of the public use areas of the preserve. The proposed Amendment provides the District with an opportunity to increase District rental revenue with no additional visual impact to District land. CEQA Compliance The project includes the addition of an accessory structure, installation of an additional equipment cabinet, and replacement of an existing telecommunications antenna to an existing facility (PG&E tower). The project is categorically exempt under Sections 15301, and 15311 of the California Environmental Quality Act Guidelines (CEQA). Categorical Exemption 15301 - Existing Facilities The minor alteration of an existing public or private structure (addition of an equipment cabinet and replacement of telecommunications antennas to the existing PG&E tower) involves negligible expansion of use. Categorical Exemption 15311 - Accessory Structures Placement of the equipment cabinet and antenna replacement is considered a minor structure accessory to an existing institutional facility. Prepared by: John P. Dickey, Real Property Specialist Michael C. Williams, Real Property Representative Contact person: John P. Dickey, Real Property Specialist PULGAS R*)GE OPEN SPAC- PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Map Legend 600 Gate(Vs) 7.0 ®—o Trail Distance in Miles 400 Creek Roadside Parking 600 ~�`•• Whole Access Trail /•� ••Polly•Geraci T'••• •�,� , J' . .... • fD� Dogs Off Leash ...... • Please sta on trails. ( 1.0�• ��•(PR07) Permitted Here ��p�•,, Lands adjacent t to road are �`, not open to the public. Ij 0.2 Dogs on Leash 0.3 `� •e�as Permitted on Preserve Hassler Trail Water Tank (PR02)`•, \T~di/ � Hassler Loop Trail ���• F Off-Leash Dog Area � t V.:0.4 \o.l 1, ©' �r• Other Public Lands . 0.4 Redw 600 0.4�♦ _� Center �.—�� -��•� Oak ;(Pnv te)\* • `` Trail •• ,■ � El No Public Entry `` ;•� -� Private or Leased Land 400 �— . Cordilleras O a`'�oao ooatioad ♦ Center 600 -.04 Trail Use ♦ -`. ♦ ........... Hiking Only 280 `�• 400 0 ----- � 0.6 I Q ♦ /�. Hiking,Bicycling �0.3 Equestrian,Hiking SITE LOCATION . '�•�-�.J �.--••� • EDGEWOOD COUNTY PARK . .�•�•0.3 „(San Mateo County) 0.4 .� .. 600 400 EXHIBIT A \ file acted 2/19/97 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 ONES One Mile EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE Al DISTRICT LAND �•� EXISTING PG&E TOWER % • ACCESS ROAD �• �, r ♦ CALTRANS PARK & RIDE P� ♦• .: QP r r s , Q� cy� j N r'�o [ SCALE: 1" = 120' COMMUNICATIONS SITE LEASE AND A ENT CO GREEM AMENDMENT THIS AMENDMENT TO COMMUNICATIONS SITE LEASE AND AGREEMENT is made and entered into as of April�, 2002 by and between BAY AREA CELLULAR TELEPHONE COMPANY, A California general partnership, d/b/a AT&T Wireless("Lessee") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a Public District formed pursuant to Article 3 of Division S of the California Public Resources Code("District"). A. District("Lessor") and Bay Area Cellular Telephone Company, a California General Partnership doing business as AT&T Wireless("Lessee") are parties to that certain "Lease"dated February 10, 1999. Lessee desires to amend the Lease to enable it to install additional improvements as set out in this Amendment and District is willing to amend the Lease in consideration of the Rent adjustment set out therein. B. 1. District and Lessee now desire to amend the Lease as follows: Section 6 of the Lease is hereby amended to read as follows: (Rent). Upon the Commencement Date, which the parties agree is February 10,1999, Lessee shall pay District rent annually and on each anniversary date of the Commencement Date. The initial annual rent shall be Twelve Thousand Dollars ($12,000). The rent shall be increased by five percent(5%) annually during the initial five-year term, as follows: First year of the Lease $12,000 annually Second year of the Lease $12,600 annually Third year of the Lease $13,230 annually Fourth year of the Lease $13,892 annually; however, upon the earlier to occur of the issuance of a valid Building Permit for the installation and construction of the Improvements set out in Section 2 of this Amendment, or that date which is 60 days from the date of execution of this Amendment by District(the"Rent Adjustment Date'), the annual rent for the Fourth Year of the Lease shall increase to $18,092. This increased rent shall be paid to the District with 10 business days of the Rent Adjustment Date, and shall be pro-rated in proportion to the number of months or portions thereof remaining in the Fourth Year of the Lease. Fifth year of the Lease $18,996 annually All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the Site 701/Edgewood Rd. United States of America to District at the address stated in paragraph 24 to such other persons or at such other places as District may from time to time designate in writing. 2. Section 8(a) of the Lease is hereby amended as follows: Lessee shall install, maintain and operate on the Premises the following improvements: three equipment cabinets, a cable tray and a concrete slab and cabling to connect the equipment cabinets with Lessee's antennas located on the PG&E Tower, all as more particularly shown on Exhibit B-1 to this Lease, a copy of which is attached hereto and incorporated by this reference. 3. Capitalized terms used in this Amendment and not otherwise defined shall have the meanings ascribed to them in the Lease. 4. Ratification. The Lease, as amended herein, shall continue in full force and effect. IN WITNESS WHEREOF,District and AT&T Wireless have executed this Amendment as of the day and year first written above. DISTRICT: LESSEE: Midpeninsula Regional Bay Area Cellular Telephone Company, Open Space District a California general partnership, d/b/a AT&T Wireless RECOMMENDED FOR APPROVAL: By: By: L. Craig Britton, General Manager Craig Bloom, System Development Manager Date: Date: `l-p-4.2__ APPROVED AS TO FORM: Susan M. Schectman, General Counsel Date: APPROVED AND ACCEPTED President,Board Of Directors Date: ATTEST: District Clerk Date: Site 701/Edgewood Rd. �F Regional Open S ice 1 R-02-56 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 April 24, 2002 AGENDA ITEM 9 AGENDA ITEM Amendment to the Midpeninsula Regional Open Space District Substance Abuse Policy ASSISTANT GENERAL MANAGER'S RECOMMENDATION/nSpa * 2 Approve the attached amendment to the Midpeninsula Regional Oce District Substance Abuse Policy. BACKGROUND The Board approved the District's Substance Abuse Policy(the"Policy")at its April 8, 1998 Regular Board meeting(see Report R-9848). Included in the Policy is a provider for reasonable suspicion and post accident drug/alcohol testing. At that time,the understanding was that the provider, Camino Medical Group Occupational Medicine,could provide after- hours testing, if needed, in addition to the normal work-hours testing. Unfortunately,the provider has not been able to provide after-hours services. Therefore, staff began looking for a provider for after-hours testing. DISCUSSION The new service provider selected for after-hours testing is On-Site Health& Safety. This provider can guarantee timely response to our testing needs, and their laboratories meet the Department of Transportation requirements for testing labs. Four local government agencies were contacted for references regarding their level of satisfaction with On-Site Health& Safety's services, including the Town of Los Gatos and the Cities of Redwood City and Walnut Creek. All agencies reported a good level of satisfaction with the services provided by On-Site Health& Safety. The provider's charges are very reasonable. The proposed amendments to the Policy have been reviewed and approved by SEIU Local 715. In addition, supervisors and other staff have been informed that the District now has a provider for after-hours testing. The union representatives and other employees have expressed appreciation that the District will now be able to provide consistent after-hours testing. Attached is the policy,which has been modified to include the new provider. The only other modifications involve the correction of the titles of administration personnel. The new wording is shaded in gray and deletions are shown as strikeouts. The changes are noted on pages 1,4, 7, 8 and 9. Once approved,the amended Policy will be published. BUDGET IMPACT There is no ongoing budget impact,based solely upon usage. The estimated potential budget impact is less than$1,000 annually. Prepared by: Janet Beaugh,Human Resources Management Analyst Sally Thielfoldt,Administration and Human Resources Manager Contact person: Sally Thielfoldt, Administration and Human Resources 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 *-Znai O:.— Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little,Nonette Hanko, Larry Hassett, Kenneth C.Nitz • Genera!Manager:L.Craig Britton J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT S UBSTANCE ABUSE POLICY i Approved by the Board April 8, 1998 SUBSrANCE ABUSE POLICY Table of Contents PURPOSE I POLICY I Section A: Reasonable Suspicion Testing 2 Section B: Post-Accident Testing 4 Section C: Consequences of Engaging in Any Act Prohibited by this Policy 5 Section D: Personnel Actions 6 Section E: Return to Work/Follow-up Testing 6 Section F: Drug and Alcohol Testing Methodology 7 Section G: Information and Record keeping 8 Section H: Confidentiality 9 Section 1: Certificate of Receipt 9 Section J: Additional Testing Requirements for Employees Operating Commercial Motor Vehicles 10 Appendix A 13 r r � # ►' r •I. ►' f +. • t :• • i + i I t •# e , I,r ► f ! / rr • ca r• #. • I I- 1 e • ' I • • r • • f # r � f ® r` r :., • � r • f- 1 • :.: +•t ► - • • ► ! �:`.: • 1 # r'. f . 1+ - iA -f { � t� `i •t ut r,r • ! • 1 i 'e • ► •i Ail • ►» fill, A �+ e• ii 'i: •i, 1 ► • to r :.a •t 1- r -a 1 • +r+ • • ' I • • 1 1 • 'fi { ••1 • r.' :a � -!. a f ! . i #• • 1 t � •I ► -f f � r` .r.- � # r • a ► • r + ► I- # r •# u f I q Y • ra • i �e # e '+e.- • r' f • # 1 + • G ! ! r f I . • #` • if Y it 01 or, lot It 0 •` t + r . • • ,• e t f i • :: •1 : w I .r r#Ir R .rr •r r.Rr • ed rl r .re �# re 4d - E ^te d&.1 ..fa ! g :.�..8: o-:�: ' .-;rg.. a giar� f ° �R #» `.:,`Ft.^^7:t F-: a ► • i` :.f { !'-af . t . ri r: •- I • :f i a :+ ' • Ike"I-• •- r � ► t «. • i !-• • • :s i • ! • r lit !I 1 - •1 r s • 1, r • ! ►.. :e • r ! •f• • • A • r1 i • r ! `J t• !" • f • f • h•.4...- • 1 `• ► +:e a ei I• i •I ► :• ► i• • •r• 1 +• • r+ • r t • • • + ► • 0 -4 0 f of is •I ! i • a • +r + i . 1 + • ' : e . rr • •t ! :t # 1 !• i r t f #' «I r f' ! 1' 1 ! 01• 101VISMI ! 4-1 11 ' • t !I ! ! 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Ii i;f` ' ! i ° ".f.• f !f t . f 1 i a - r f :/ IA :f 1 ! a e r ":?1 f.' :? f • i r i / 1J :f f !f i 1:.. I I� f • :-:{ i.` • i i `. • I,f 4 h 1- • M 1 4. L= / i f •'J . 1 :# f I' i 1 .J f f :•... • ,f 1' f f i • .«, • f.. f: 4:1iT, .? ! f 1.. # •f' • f : :f M ' 9.• i iI f !�i ! i 1It ! • ! ii ! t 1 • i :+. • », i i l i e s r1e i : t . 1 i.1 i i•IJ 1 • :1 • • ,1 ! f ! i +i 4 i +*. �*. 1 t+`a 1" 1 i i I.S f i ! • :f • • 4 i- ,i I / ! 1 • :r ! . 1 :a w., ! ..YYi i is' -If •.i 1 i 1 • 1 4 • i! t i'1"' 1 • f' i f i f l ! • of t 1 4 • tt 6 ' 1 1 ii 1 :f i 1 • f :1 • a. :! 4 •,. f i 1 i ``+i," ! t :•, i� i • i a i f • 9 i :.f 6 i i • i I i i' f :a f disciplinary action in accordance with this Policy,District Personnel Policies and/or Memorandum of Agreement where applicable. Consistent with the Districes practices,disciplinary action shall be considered on an individual basis,taking into account the nature of the offimse,and the employee's previous work and conduct record. The District may impose discipline for -related misconduct, violation of work rules or other performance problems subject to regular disciplinary andgrievance procedures up to and including termination. In appropriate circumstances and solely within its discretion,the District may consider the employee's cannirtment to recovery and/or the employee's agreement to enter into a Last Chance Agreement as mitigating factors m assessing the appropriate disciplinary action. 2. Termination for Inability to Perform EanalW Funnctions The District reserves the right to terminate the employment of any employee who is unable to perform the essential functions of ,job after the District has complied with any duty it may have to reasonably accouirnodate the employees ility. 3. Termination for BS&MI to UnikW&Testing An employee who refuses to obey an Oder to take an alcohol or drug teat pursuant to this Policy will be terminated. SECTION E: RzTURN To Woax/FoLLow-up Trim CONSHUMNCSS Employees shall be terminated if they refuse to submit to a return-towork,follow-up alcohol, or controlled substances test; or ifthey have a return-to-"rk or follow-up alcohol test with a result indicating a blood alcohol concentration of 0.04 or greater or a controlled substances test with a veryied positive test result. 1. Covered Emul Any District employee who has alcohol test results of 0.04 blood alcohol concentration or greater,or who tests positive on controlled substances is subject to return-to-work testing and is also subject to unannounced follow up alcohol and controlled substances tests following hisIher return to work if they have been identified as needing assistance in wing their problem associated with drugs and/or alcohol by a substance abuse professional. 2. Return to Work Test a. Any employee who engages in conduct in violation ofthis Policy concerning use ofalcohol or who has had an alcohol test with result of 0.04 blood alcohol c4ncentration or greater shall not pew job duties,until the employee has submitted to a return-to-work alcohol test with a result indicating an alcohol co tier of less than 0.02 blood alcohol concentration. b. Any employee who has engaged in conduct in violation of this Policy concerning the use of controlled substances or who has had a drug test with a positive result shall not perform his/her job duties until the employee has submitted to a rn-to-work drug test with a result indicating a verified negative result of controlled substances use. c. The employee shall undergo return-to-work testing for both alcohol and controlled substances if the substance abuse professional determines that return-to-work testing for both alcohol and controlled substances are necessary for that particular employee. d. An ernployw who refuses return-to-work testing will be terminated.. 3. FollowIlp JqIgM a. If an employee has been.referred to a substance abuse professional for evaluation under Section D of this Policy and the substance abuse professional has determined that the employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances,the employee shall be subject to unannounced follow-up alcohol and/or controlled substances 6 1 i,- / { • :1 a • • f' / :r: t 1 :t i /' # IY" 1 / # • I I..t fi. 1 :{ • f �Y.• / ;.f i s i «. • 1 t 1 t f r f f :.f i { ri i' t' 1 t 1 • ':., t.1.. i.: «,, i.. f b t :a.; i * • #t i • • M # iy 1 #. :f r ' 1', :+. 1'.,: f { . Y # • :t i 1 all i i :*.` il.. r,a /, I1 :a:'M { • 1 • ii ° i..wi«; 1 1 r r r � rrr r 116 •1• ^Y :fM • ::{ i # { # 1 / {." f r 1 { ! 1 i i # # f 1 • :f I.r i •!' 1 i,.• • Y :?. i # 1 i # :1 1 :.# • # `+MM fl -# :4• 1 • f 1;' 1.: :{ +,t i •. i # :i �w, 1.» • # 1 i` #i # i � • tl tl a M � :+, 1 t' tf'i," 1': :/ •1 1 •: i • :t i # i 1 ". i i 'tolli' { i t: :ir i' a t.:r { • r t• :? / • I.• t' :1 s f 1'.' i i 1 1 iw., i ' :' # • " ..f 1::a:1 '.{ :i ,f I f :r • 1 ( � i :t t 1.... t t%.� +^1 *! / #' •t++1 t I t 1'0 i :+: • ! TO I :# {f,` a## i •°• i t • { / :t i r ' - WAII0 8 1 t.' i f •. • � � •: :ti f f...i t / ` f 1f f i., t.." # #i 1 t 1 .«, {,' 9) Order a re-analysis of the original sample in a certified laboratory. 10) Not receive urinalysis results that do not comply with the Mandatory Guidelines. 11) Not declare as positive an opiate positive urine without"clinical evidence". 12) Determine whether a result is scientifically insufficient. 13) Determine whether a result is consistent with legal drug use. 14) Forward results of verified positive tests to one of the following in the Administration Department: - Akkidnistrative Set vices Manager oil 15) Maintain the required records to administer this program. 2. Testing1.aboratory a. The laborato for this PoJ is c. The testing laboratory will comply with all methods and procedures of 49 C.F.R. Part 40 and will provide annual reports t4 the District showing compliance. 3. Collection Any a. The primary collection agency for this Policy is Cgming Medical Cg= QM The alternate col f b. The collection.: agency will comply with all methods and procedures of 49 C.F.R. Part 40 and will provide annual reports to the District slowing compliance. 4. &pION Assistance Prggram(EAPUEducation Every employee covered by this Policy will receive the following drug use education: a. Drug information will be periodically distributed and displayed in the work areas. b. A copy of this Policy will be given to each employee and displayed in the work areas. c. The hot-line telephone number for employee assistance will be given to each employee and displayed in the work areas. d. EAP rcf=W infiarmation will be given to all employees by Administration personnel upon receipt of initial positive e. The District has des' the Q./Personnel Officer and the intheAdministration P to answer cequestionsaboutthisPolicy. TheAdrifinistrative Sa ersonnel Officer and the Athytinishafive will provide resources from which employees can obtain information about a number of subjects pertaining to the effects of alcohol and controlled substances on an individual's health,work,and personal life. These subjects include the signs and symptoms of a substance problem of an employee or a co-worker,and available means of intervening when a substance abuse problem is suspected.. Any employee who believes that a District ernvlovee has a substance abuse roblem mad wort this concern to the Achifinistixtive S inel Officer, any pry managers. . x or to the General Manager in as confidential a manner as possible. 5. Record lS.eec►in�t a. The District will keep the records of its substance abuse program as required by 49 C.F.R., §382.401. 8 b. The MRO shall maintain all records and notices required by 49 C.F.R., §382.409. SEcrioN H: CONF®ENTIALITY 1. Laboratory reports or test results of cynical tuts shall not appear in an ranployee's official personnel file. Information of this nature will be contained in a se ra confitl mtral medical folder that will be securely kept under the control of the Administrativt So vices The report or test results may be disclosed only to persons whose knowledge thereof is necessary for performance of official duties or in administration of this Policy. Disclosures,without employee consent,may also occur when:a)the information is compelled by law or by judicial or administrative process;b)the information has been placed at issue in a formal dispute between the employer and employee;c)the information is to be used in administering an employee benefit plan;d)the information is needed by medical personnel for the diagnosis or treatment of the employee who is unable to authorize disclosure;and e)release or use of the information is otherwise permitted by law,including 49 C.F.R., §382.405. 2. An employee shall receive,at r request,the results of any drug and/or alcohol test performed in accordance with this Policy within a reasonable time after the results are available. When disciplinary action is reconunended or proposed under this Policy,the laboratory reports will be made available to the employee.Ernp 'privacy and dignity will be respected the drug and/or alcohol testing process,including collection of a specimen. The only aweption will be where it is anticipated that an employee will attempt to tamper with or substitute a le; for example,when there is evidence that time employee has tampered with or substituted a previously given sample. In that case,medical persomel may take further reasonable measures,including auditory or visual observation of taking of time sample,as they deem necessary to re the integrity of the sample. SECTION I: CERTIFICATE of RECEIPT 1. All District employces shall be provided with a copy of this Substance Abuse Policy. Each employee is required to sign a statement certifying that the employee has received a campy of this Policy. 2. The District will maintain the original of the signed certificate and will provide a copy of the certificate to the employee if the employee so SECTION I AwmoNAL TEsmG REQUIREMENTS FOR EMPLOYEES OPERATING COM M[ERCjAL MOTOR VEHICLES 1. a. Covered Job Classifications In accordance with the Departmerit of Transportation's Ormubus Transportation Employee Testing Act of 1991 ("OTETA"), employees in the following classifications are subject to additional alcohol and drug testing if they operate a Commercial Motor Vehicle and perform "Safety Sensitive Functions" as defined in Section J.2 of this policy. This includes all regular,probationary,teanporary,seasonal,actm&and work-out-o&chm assignments which perform Sensitive Functions as defined in Section J.2 below. The folknvirigDatrictclassificatimns are subject to these additional requirements: Equipment Mechanic-Operator b. Other Covered Ern Any employee in any classification who is available to perform Safety Sensitive Functions involving the operation of a Commercial Motor Vehicle is also subject to these additional testing requirements. This includes volunteer, 9 I.t ! •1 tl- i# • tl il.". • i :� :-1 ii ! • It ' 1 t • 1 i i Y•• ! .i B i i ' f l.14 P ° 1.' E 1 1 ° • Y � t i ti i :� • 1' t • 1 ' # • . 1 i ' 1 a r • 1 • Y 1 • :/ l4 • ..• iY /' • �.? :+B 1 • i 1 • 1 i # i ! 4 ° •! • • i • i - 1 •!- 4 • •.• i *. • i.. i 1+ • i i Y 1 1' ! �1 1 " f •= i 1 ' t r f # t ' . i :+1.4 i + ',.r t' 1 '. •. i,'wi • f l� i:4 1 ! + ! :+; 1 I,�. t •f' i 1 U ! '. i d '. i • :+! 1 + i.# 1 ! +. i i i 1 ". r 1 I!.. /i.M t ! t4 • • • r 4 • ir' fl 1-. • i- t" tit` i i 1 / 1 i •t' I ° it" 1 1 1I tilli 1 r 1 4 • • ;W;4 III 'J •.+^ :+i + I • • T ( Iii ri i;w.. !lY.r4 • 4 i R i ,! 1 i ' 4 i ° i i r i t i P •i r :t i • it 1 • i:.,. 1�• i ii f i i t• i • ! ' i 1' loll :+d �».. l / . • Y +. r ••1 r • i• :+r ^ i l• ! i 1 ! - 4 e + i i • i Y r t:+, .4 !i ••tl i t 1 ' iY.i • ! t i ! •1 t • 4 i �' aI • i 1• • 1 i •.1,• M ' P Yi • • 1 ° 1 i 1 i Y 1 r.' 4 • Wtl (4110, /i tl.� il• 4 i 1 • i!B i :-i !' • i • ir +i 4till1 • 1 r i 1 • wM r ' 1 1 +y"ti Y i i i.' i •1 i i i Pi ii4 Y t i 1 . 1 i P tl 8:+.7 Y,i., . i t � R i 4 i i!" i • • i 1 :+#! t d :{ ! •r 4 • r` ! :?1 I•°. •i 1 ++ # ! t i • 11 1 • �M i i ! • i.•. i,' • • f f i t `+i ! f :+,. ,li. •. f f •t i �! ! ! - • r" • a :! ! « t f f •r 1 ' I,i : a •i• 1,1 1 i ' ! i i f 14M •!fI ! ! a FTI ! ' r t t xr t x r xr r x ' x ' t x a x t a x xx a r A • -- 1 i :! i Y 1 it a :! i ! rTTr« • f,« I ! .•,-+! f' f:l ti.i- a wf 1 !" �1 i a ` i !' • • :f ! • !• R( !.` r i " f.l i- iii a " ! :! .f r ' ! M i f ,r" !,a•.i f Y r • • :! ! • i f I i , i f ! .+L^1 I' rt ! '. - ! ;.i i.i.. i :-! - f • #77UMMf1111111r,11111W i !' ! f • «" Y• :i Gw#11r « :.:+, i 1,#Wi-I 1 101 I't ! : ! •-r « 4 ° ! ii. • :i. - •! i is r A !- :., :a • a, ! ilr 1 =-' f f i r tl , r 1 • • i .� t • p_• 1 « i:i • •'. • i..is • tf i f :!. I.. ' i i ITA :! Pt r 1 i+i i,1 , Ii '.i i #- i°. "'•41 i ii r t # i !.. f 1-" • i,.i i :�,. :M A • Ii ! r i i fi if ! i !' i G.il - i it f i #•. !" • " ! +� ! • Flo f !- i :?1 a •'1' i F. Pit !' ! ! i• /.Y'A 6 t i • t r « i.rJl 1 !- i • • ` t i i it , !," ! A t :i i i 1.* 1 « !." .. i • f ii• i 1 iia i i M,r i.' :? t • i • f i 1bJ t t I 1 !.. i - ! • 1 ,:i f ' / f i.I ' 1XI f..` ! t ,i t • a ' 1 6. Pm&mUk==Drug Igifing CONSEQUENCES OF POSITIVE PRE EMPLOYMENT DRUG TEST EnWloyees Ao test positive on a controlled substances or alcohol test will not be appointed to positions that involve the performance of Safety Sensitive Functions. They may not reapply for any Safety Sensitive.Functions with the District for 18 months. They may, however, apply for any position with the District that does not have a Safety Sensitive Function. All outside applicants for a District position which involve the performance of Safety Sensitive Functions must subunit to pre-vn#oyment drug and alcohol testing wahout exception. The requirements of this Policy with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre-employment drug test or have a preemployment test with verged positive test results. Outside applicants who refuse to submit to a test or wino have Before the first time an employee performs Safety Sensitive Functions for the District,the employee shall undergo testing for controlled substances. The District shall not allow an employee to perform Safety Sensitive Functions unless the employee has received a controlled substances test result indicating a verified negative test result. The following procedures shall apply: a. All regular,probationary,temporary,seasonal,part-time,and work-out-of-class assignments in job positions which involve a CDL and the performance of Safety Sensitive Functions are subject to pre-empkoymmetit b. All persons selected for a position involving the performance of Safety Sensitive Functions are subject to Pre- employment . This section applies equally to current employees of the District,promotional employees,and outside applicants. The test may be administered in conjunction with the pre-employment medical examination if the examination is required and conducted.mdependently. 7. Every job announcement and internal randum regarding job opportunities for a position requiring a CDL and the performance of Safety Sensitive Functions will include a written statement ofthe drug testing requirement as stated above. 8. All p loyment testing will be conducted by the District's service providers to ensure appropriate chain of custody and confidentiality of results. 9. Persons employed at the District as of December 31, 1995 in positions wing the performance of Safety Sensitive Functions will not be required to submit to pre-ernploynumt testing to continue their jobs. All other paw=who are entering into a position involving the perfonnance of Safety Sensitive Functions, such as hires, rehires, transfers, promotions,promotional Probation,acting and temporary assignments,and return-to-duty from any leave of absence or layoff of 30 days on more shall be required to submit to pre-employment testing under this Policy. 12 APPENDIX A Controlled Sgbstancc In this Policy,the term"drugs"and"controlled substances"are interchangeable and have the fled substance"rneans a drug,substimoe,or unmediate precursor which is listed in any schedule in Section 11054 through 11058 of the California Health and Safety Code. !q=lled Substances Tatme' Controlled substanceswill comply with the reguWions set forth at 49 C.F.R. part 40 and will include,the fallowing drugs: • marijuana • coca me, • opiates • phencyclidine(PCP) including melhamphetamines. 13 Regional Open 5 !ce R 42'64 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-07 April 24, 2002 AGENDA ITEM 10 AGENDA LTEM Implement a.401(a) Qualified Retirement Plan for District Employees ASSISTANTMANAGER RECD-MUhTDATM Adopt the attached Resolution implementing a 401 a Qualified Retirement Plan for the employees of the P imP entm8 ( ) Midpeninsula Regional Open Space District, and authorize the General Manager to execute all necessary and appropriate documents to establish the Plan. DISCUSSION The District currently has a 457 Deferred Compensation Plan available for employee contributions. The Internal Revenue Service has set many limits to contributions to this plan. A 401(a)Qualified Retirement Plans is an alternate form of deferred compensation plan that a public employer can offer employees, without any direct cost to the employer. By having an additional type of plan, employees have the ability to defer additional compensation for their retirement. The maximum amount of contribution allowed for 401(a)Plans is much higher than the 457 Plan. 401(a)Plans have typically been used as recruitment tools for CityManagers/General Managers; however, the availability of this program has been extensively broadened in the last few years. Staff has recently learned that an employer can offer a 401(a)Plan with up to three different levels of employee contribution, and be available for all eligible employees. Each employee can then opt in at any one of the three levels, or opt out of the plan. If they opt out initially,they have the option of opting in at an annual open enrollment period. Once an employee opts into the Plan, they cannot opt out, and they cannot change their percentage of contribution,without tax consequences. The three option levels selected are 3% of gross salary, 61/6 of gross salary, and 100/6 of gross salary. Staff met with SEW Local 715 representatives to discuss the plan, and the union did not have a problem with the plan being offered to represented employees. All employees were sent a memo regarding the new 1 and the General Manager discussed the plan at staff meetings at the Administrative Office, the plan, Foothills Field Office, and the Skyline Field Office. Because this plan is being offered as an employee-only contribution, the costs to the District would in enrolling employees into the s which is a minimal amount. involve only the administrative time a ollmg emp y system, Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Contact person: Same as above 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org * Web site:www.openspace.org #gg 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. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING TETE ICMA RETIREMENT CORPORATION MONEY PURCHASE PLAN&TRUST—401(a) QUALFIED RETIREMENT PLAN WHEREAS, the District has employees rendering valuable services; and WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing a mechanism for employee contributions into a retirement program; and WHEREAS, the Employer desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the fund held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of fiends held under their retirement and deferred compensation plans. NOW, THEREFORE,BE IT RESOLVED that the District hereby establishes or has established a money purchase retirement plan(the"Plan")in the form of the ICMA Retirement Corporation Government Money Purchase Plan& Trust, pursuant to the specific provisions of the Adoption Agreement. The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. The District hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the Plan are to be invested in the ICMA Retirement Trust. The District hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. The General Manager or his or her designee be the coordinator for the Plan; shall receive reports, notices, and other documents from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the District, any required votes under the ICMA Retirement Trust;may delegate any administrative duties relatmg to the Plan to appropriate department employees; and is authorized to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and other transactional documents which do not involve any material change to any term of the Agreement or other transactional documents. DECLARATION OF TRUST This Declaration of Trust(the"Group Trust Agreement") is made as of the 19th day of May, 2001, by VantageTrust Company,which declares itself to be the sole Trustee of the trust hereby created. WHEREAS,the ICMA Retirement Trust was created as a vehicle for the commingling of the assets of governmental plans and governmental units described in Section 818(a)(6) of the Internal Revenue Code of 1986,as amended, pursuant to a Declaration of Trust dated October 4, 1982,as subsequently amended,a copy of which is attached hereto and incorporated by reference as set out below(the"ICMA Declaration"):and WHEREAS,the trust created hereunder (the"Group Trust") is intended to meet the requirements of Revenue Ruling 81-100, 1981-1 C.B. 326,and is established as a common trust fund within the meaning of Section 391:1 of Title 35 of the New Hampshire Revised Statutes Annotated,to accept and hold for investment purposes the assets of the Deferred Compensation and Qualified Plans held by and through the ICMA Retirement Trust. NOW THEREFORE,the Group Trust is created by the execution of this Declaration of Trust by the Trustee and is established with respect to each Deferred Compensation and Qualified Plan by the transfer to the Trustee of such Plan's assets in the ICMA Retirement Trust,by the Trustees thereof, in accord with the following provisions: l. Incorporation of ICMA Declaration by Reference;ICMA By-Laws Except as otherwise provided in this Group Trust Agreement,and to the extent not inconsistent herewith,all provisions of the ICMA Declaration are incorporated herein by reference and made a part hereof,to be read by substituting the Group Trust for the Retirement Trust and the Trustee for the Board of Trustees referenced therein. In this respect,unless the context clearly indicates otherwise,all capitalized terms used herein and defined in the ICMA Declaration have the meanings assigned to them in the ICMA Declaration. In addition,the By- Laws of the ICMA Retirement Trust,as the same may be amended from time-to-time,are adopted as the By-Laws of the Group Trust to the extent not inconsistent with the terms of this Group Trust Agreement. Notwithstanding the foregoing,the terms of the ICMA Declaration and By-Laws are further modified with respect to the Group Trust created hereunder,as follows: (a) any reporting,distribution,or other obligation of the Group Trust vis-A-vis any Deferred Compensation Plan,Qualified Plan,Public Employer,Public Employer Trustee,or Employer Trust shall be deemed satisfied to the extent that such obligation is undertaken by the ICMA Retirement Trust(in which case the obligation of the Group Trust shall run to the ICMA Retirement Trust);and (b) all provisions dealing with the number,qualification,election,term and nomination of Trustees shall not apply,and all other provisions relating to trustees (including, but not limited to,resignation and removal) shall be interpreted in a manner consistent with the appointment of a single corporate trustee. 2. Compliance with Revenue Procedure 81-100. The requirements of Revenue Procedure 81-100 are applicable to the Group Trust as follows: (a) Pursuant to the terms of this Group Trust Agreement and Article X of the By-Laws, invest- ment in the Group Trust is limited to assets of Deferred Compensation and Qualified Plans, Investing through the ICMA Retirement Trust: i (b) Pursuant to the By-Laws,the Group Trust is adopted as a part of each Qualified Plan that invests herein through the ICMA Retirement Trust. (c) In accord with the By-Laws,that part of the Group Trust's corpus or income which equitably belongs to any Deferred Compensation and Qualified Plan may not be used for or diverted to any purposes other than for the exclusive benefit of the Plan's employees or their benefici- aries who are entitled to benefits under such Plan. (d) In accord with the By-Laws, no Deferred Compensation Plan or Qualified Plan may assign any or part of its equity or interest in the Group Trust,and any purported assignment of such equity or interest shall be void. 3. Governing Law. Except as otherwise required by federal,state or local law,this Declaration of Trust (including the ICMA Declaration to the extent incorporated herein) and the Group Trust created hereun- der shall be construed and determined in accordance with applicable laws of the State of New Hampshire. 4. Judicial Proceedings. The Trustee may at any time initiate an action or proceeding in the appropriate state or federal courts within or outside the state of New Hampshire for the settlement of its accounts or for the determination of any question of construction which may arise or for instructions. IN WITNESS WHEREOF,the Trustee has executed this Declaration of Trust as of the day and year first above written. VANTAGETRUST COMPANY By: Name: Paul F.Gallagher Title: Assistant Secretary 2 Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-62 Meeting 02-07 I April 24, 2002 AGENDA ITEM 11 AGENDA ITEM Approve Appointment of Director Little as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meeting and Appointment of Two Alternates, General Manager, C. Britton, and Assistant General Manager, J. Escobar BOARD PRESIDENT'S RECOMMENDATIONS 1. Approve appointment of President Deanne Little to represent the Midpeninsula Regional Open Space District at the California Joint Powers Insurance Authority's (CAJPIA) annual meeting. 2. Approve appointment of General Manager,L. Craig Britton, and Assistant General Manager, John Escobar, as alternates. DISCUSSION At your Regular Meeting on March 27, 2002, you approved the District joining the CAJPIA effective April 1, 2002(see Report R-02-52). Pursuant to the Joint Powers Agreement— Creating the California Joint Powers Insurance Authority, Article 7,Board of Directors, the CAJPIA shall be governed by a Board of Directors composed of one representative from each member,who shall be selected from the legislative body of that member, and, in addition, at least one alternate who shall be an officer or employee of the member. The alternate member(s)SW have the same authority as the regular member. The selected Board member or alternate would attend the annual CAJPIA board meeting,which is held each July. It would seem that the Board President would be the appropriate Board member selected to represent the District at the annual meetings, with the General Manager or Assistant General Manager available as alternates. Prepared by: Lisa Zadek, Senior Administrative Assistant Contact person: Sally Thielfoldt, Administration and Human Resources 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 -EE Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,tarry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton Claims No. 02-07 Meeting 02-07 April 24, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3536 687.39 Acme&Sons Sanitation Sanitation Services 3537 145.78 ADT Security Services Burglar Alarm Service 3538 972.55 *1 Advantage Tanks&Supply Tank 3539 185.47 Airgas Welding Supplies 3540 703.33 Allied Auto Works District Vehicle Repairs and Services 3541 1,165.42 All Laser Service Toner Cartridges for Printers 3542 1,440.00 All Seasons Roofing Services Roofing Repair--Main Office 3543 100.00 *2 Americans for Our Heritage Conference--L. C. Britton 3544 54,856.62 Andy's Roofing Company, Inc. Red Barn Roof Replacement 3545 4,417.95 Anthony J. Anglim Company Flagpoles Installation 3546 99.67 AT&T Telephone Service 3547 55.83 A T&T Wireless Cellular Phone Service 3548 469.99 Avaya Financial Services Telephone Lease 3549 10,584.52 Barg Coffin Lewis&Trapp Legal Services--Guadalupe Watershed 3550 3,604.73 Baron Welding&Iron Works Pipe Gates 3551 100.06 Barron Park Supply Company Plumbing Supplies 3552 555.00 *3 Bay Area Open Space Council Conference--L. C. Britton 3553 43.46 Craig Beckman Reimbursement--Uniform Expense 3554 722.73 Beck's Shoes Inc. Uniform Boots 3555 4,594.00 Timothy C. Best, CEG Consulting Services--Road Assessment/ECD] 3556 6.91 Bicycle Outfitter Bicycle Tools and Parts 3557 4,353.83 Big Creek Lumber Fence Posts and Supplies--Sausal Pond 3558 94.00 Bill's Towing Towing Services 3559 2,515.00 BNY Western Trust Company Note Paying Agent Fees--1995 Promissory N 3560 63.70 Cabela's Uniform Expense 3561 1,376.59 John Cahill Reimbursement--Permit, Equipment and Veb Expense 3562 200.00 California Department of Fish and Game Graphics Database Upgrade 3563 10,847.00 *4 California JPIA Vehicle and General Insurance 3564 27.07 California Reprographics Mapboard 3565 84.78 California State Board of Equalization Diesel Fuel Tax 3566 106.68 California Water Service Company Water Service 3567 1,093.00 Camino Medical Group Medical Services 3568 3,421.23 CDW Government, Inc. Computer Upgrade 3569 2,473.00 Central Coast Bat Research Group Bat Survey--Mt. Unninhum and Bear Creek 3570 141.85 R.V. Cloud Company Pipe for Propane Tank 3571 223.05 Cole Supply Company, Inc. Sanitation Supplies 3572 64.42 Anthony Correia Reimbursement--Conference Expense 3573 422.56 Costco Membership Expense and Supplies 3574 750.00 Michael F. Cox Historical Survey of Mercury Mines 3575 394.00 Lauren Crook Reimbursement--Seminar and Resource Guid 3576 89.83 Cupertino Bike Shop Bicycle Supplies 3577 9,855.00 John F. Dahl Plumbing Furnace Installation--Rancho San Antonio Ai 3578 130.00 Decatur Electronics Radar Certification 3579 4,595.39 Design Concepts Newsletter Design and Layout 3580 1,553.18 Diamond Cabinets Counter Tops Replacement--Skyline Office 3581 27.00 John Dickey Reimbursement--Tuition 3582 9,505.40 Dillingham Associates Consulting Services--Jacques Ridge 3583 1,326.64 Direct Advantage Work Table and File Cabinet 3584 1,172.00 *5 Driver Alliant Insurance Insurance Page 1 Claims No. 02-07 Meeting 02-07 April 24, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3585 2,302.50 Eccles Engineering Civil and Geotechnical Engineering Services 3586 1,346.51 Emergency Vehicle Services Light bar and Unitrol Siren 3587 908.52 jeha Eseebaf RPimhijr-P;omPHt Qnfffenee and Vehicle EM 3588 1,204.21 Expanets Phone Maintenance Agreement 3589 1,843.33 ESRI GIS Maintenance 3590 71.46 Film to Frame Photo Prints--Docent Program 3591 1,000.00 *6 First American Title Guaranty Acquisition Deposit 3592 618,000.00 *** First American Title Guaranty Ham et. al. Acquisition 3593 63.51 Tom Fischer Private Vehicle Expense 3594 67.18 Renee Fitzsimons Reimbursement--Docent Supplies 3595 2,500.00 Mile Flynn Painting Painting--Purisima Residence 3596 87.14 Foster Bros. Security Systems, Inc. Locks 3597 65.41 G&K Services Rag Service 3598 4,722.68 Gardenland Power Equipment Field Supplies and Equipment 3599 80.30 Gempler's, Inc. Ball Caps 3600 2,531.50 Global Intermodal Systems Steel Container and Rollup Door 3601 479.55 Goodco Press, Inc. Printing Services 3602 280.37 Grainger Field Equipment 3603 7,937.50 Greg's Trucking Service, Inc. Rock Delivery--Monte Bello Road 3604 192.00 Guy's Plumbing and Heating, Inc. Equipment Repair 3605 63.76 Ruthie Harari-Kremer Reimbursement--Resource Books 3606 1,568.39 Home Depot Field Supplies and Equipment 3607 524.74 Half Moon Bay Building Supply Rock Delivery and Supplies 3608 407.02 Interstate Traffic Control Sign Posts 3609 5,393.63 Jacaby Engineering Consulting Services--El Corte de Madera 3610 375.00 Tamara Kan Consultant--Plant Surveying--Russian Ridge 3611 22.79 Keeble&Shuchat Photography Film Processing 3612 250.00 Killroy Pest Control, Inc. Pest Control 3613 29.23 Kinko's Printing Services 3614 71.54 John Kowaleski Reimbursement--Uniform Expense 3615 88.59 Kwik Key Lock&Safe Company, Inc. Locks and Keys 3616 43.79 Lab Safety Supply Vehicle Safety Decals 3617 351.00 Thomas Lausten Reimbursement--Uniform Expense 3618 1,068.21 Life Assist, Inc. Rescue Stretcher 3619 461.25 Los Altos Garbage Company Dumpster Rental 3620 4,200.00 Macias, Gini and Company Audit Services 3621 305.60 Brian Malone Reimbursement--Uniform&Conference Exp 3622 20.95 MCI Long Distance Phone Service 3623 171.72 Paul McKowan Reimbursement--Docent Supplies&Vehicle 3624 2,235.52 Metro Mobile Communications Radio and Antenna Installation 3625 797.51 Miller Starr&Regalia Legal Services-Wozniak 3626 133.62 Mocean Uniform Expense 3627 503.49 Moffett Supply Company Sanitation Supplies 3628 1,855.00 Monmouth County Park System Park District Forum Registration--2002 Special Park District Fon D.Little,J.Cyr,C.Britton,S.Jensen,S.Thielfold 3629 78.29 Noble Tractor, Inc. Fuel Filters for Tractor 3630 53.51 Northern Energy Propane Service 3631 2,532.79 Northern Safety Company, Inc. Storage Cabinet 3632 95.00 *7 NPELRA FLSA Public Sector Guide-Resource Documt 3633 414.35 Ocean Shore Company Fence Materials 3634 1,304.33 Office Depot Office Supplies Page 2 Claims No. 02-07 Meeting 02-07 April 24, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3635 107.16 OfficeMax Credit Plan Office Supplies 3636 300.47 Orchard Supply Hardware Field Equipment and Supplies 3637 1,622.47 Pacific Bell Telephone Service 3638 150.00 City of Palo Alto Water Service--Black Mountain Electrical 3639 2,871.77 Panko Architects Architectural Services--FRO Shop Facility 3640 52.63 Loro Paterson Reimbursement--Uniform Expense 3641 235.83 Peninsula Digital Imaging Enlargements for Project Plans 3642 250.00 *8 Petty Cash Petty Cash Advance--Supplies 3643 129.88 Warren Phillips Reimbursement--Field Supplies 3644 104.76 PIP Printing Docent Connections Newsletter Printing 3645 73.69 Precision Engravers, Inc. Name Tags 3646 161.09 Precise Mailing, Inc. Mailing Spring Newsletter 3647 70.95 Rancho Cobbler&Cleaners Resole Boots 3648 52.62 Rancho Hardware Field Supplies 3649 72.26 Rayne Water Conditioning Water Conditioner Rental 3650 1,054.06 Redwood General Tire Company, Inc. Tires 3651 1,692.00 Redwood Plumbing&Mechanical Furnace Installation 3652 75.23 Reed&Graham, Inc. Hay Bales for Trail Restoration 3653 4,200.00 Re-New Construction, Inc. Mount Uniunhum Road Repairs 3654 8,042.14 Rice Trucking Soil Farm Baserock--Purisima 3655 22.10 Robert's Hardware Field Supplies and Equipment 3656 1,136.01 Cindy Roessler Reimbursement Equipment and Resource Ma 3657 1,163.37 Roy's Repair Service Vehicle Repairs and Service 3658 357.52 San Jose Water Company Water Service 3659 788.00 Santa Clara County Dept. of Environmental Health Permit--Hazardous Material Storage 3660 8.00 Santa Clara County Cities Association 2002 Directory 3661 123.34 Sears Field Supplies 3662 79.83 Second Cup Local Meeting Expense 3663 2,300.00 Richard Seever Pig Control Services 3664 150.00 Sideman&Bancroft LLP Legal Tax Advice 3665 180.29 Skyline County Water District Water Service 3666 1,955.20 Slug-Log Cabin Ranch Nursery Shrubs for Restoration of Pulgas Ridge 3667 227.32 Carrie Sparks-Hart Reimbursement--Uniform Expense 3668 307.59 Specialty Truck Parts, Inc. District Vehicle Equipment 3669 5,996.53 Stevens Creek Quarry Base Rock for Monte Bello Road 3670 10,292.50 Nancy Elizabeth Stilts Historic Research--Former McDonald Ranch 3671 1,228.64 Summit Uniforms Uniform Expense 3672 3,000.00 Superior Paving, Inc. Parking Lot Repairs--Main Office 3673 461.72 Tadco Supply Restroom,Supplies 3674 3,415.07 Target Specialty Products Weed Abatement Supplies 3675 210.00 Terminex Pest Control 3676 3,191.19 Therma Corporation Replace Boiler Equipment and Service 3677 660.11 Tires on the Go Vehicle Tires 3678 8,250.00 Mike Tobar Excavation Demolition-Former Calvillo Property 3679 82.77 Turf Industrial Equipment Company Vehicle Supplies 3680 2,836.93 United Rentals Roller Rental--Purisima 3681 7.71 *9 UPS Parcel Mailing Service 3682 159.09 Vallen Safety Supply Field Supplies 3683 1,035.00 Rich Voss Trucking, Inc. Rock Delivery 3684 6,640.03 Von Kohorn&Kitzmiller Signmakers, Inc. Rancho San Antonio Entrance Sign 3685 102.57 M. Douglas Vu Private Vehicle Expense Page 3 Claims No. 02-07 Meeting 02-07 April 24, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3686 51.28 Verizon Wireless Pager Service 3687 426.11 West Coast Aggregates, Inc. Base Rock for Skyline Ridge Parking Lot 3688 28.84 West Coast Rebar Company, Inc. Rebar-Ha Honda Residence 3689 247.89 West Group Resource Documents 3690 300.00 Roberta Wolfe Recording Services 3691 346.00 Cathy Woodbury Reimbursement-Membership Dues 3692 117.30 Del Woods Private Vehicle Expense 3693 200.00 Woodside&Portola Private Patrol Patrol Services 3694 786.58 The Workingman's Emporium Uniform Expense 3695 59.66 Lisa Zadek Reimbursement-Office Supplies 36%R 2,000.00 David Weintraub District Book-Author 3697R 214.89 John Escobar Reim--Conference&Vehicle Expense 3698R 9,988.92 First Bankcard 3134.97-Computer Supplies/Accessories 1908.08-Airfare&Hotel-Conferences 1437.45-Trainings&Videos 425.00-Membership Dues 645.82- Uniforms 659.46-Field Equipment 331.15-Office Supplies 1256.05-VIP Tour/Busses 190.94-FOOSP Tour-Van Rentals 3699R 761.59 Petty Cash Local Business Meeting Expense,Vehicle Mileage, Office Supplies, Field Supplies, Copy Services and Nature Center Supplies Total 905,829.88 In the event agenda item#2 is not approved, this claim will not be processed. *1 Urgent Check Issued March 27, 2002. *2 Urgent Check Issued April 2, 2002. *3 Urgent Check Issued March 28, 2002. *4 Urgent Check Issued April 15, 2002. *5 Urgent Check Issued April 12, 2002. *6 Urgent Check Issued April 1, 2002. *7 Urgent Check Issued April 8, 2002. *8 Urgent Check Issued April 10, 2002. *9 Urgent Check Issued March 28, 2002. Page 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: John Escobar, Assistant General Manager Date: April 19, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax:650-691-0485 9 E-mail: mrosc@openspace.org • Web site: www.openspace.org Regional Open F ice A _ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 28, 2002 Ms. Georgia Finnigan P.O. Box 460314 San Francisco, CA 94146 Dear Ms. Finnigan, This is in response to your letter of March 17 regarding discourteous mountain bicyclists in Purisima Creek Redwoods Open Space Preserve. The Board of Directors reviewed your letter at their regular meeting last night. We are very sorry that you had such an upsetting experience while visiting a District preserve. Because of incidents such as the one which you describe,the District has closed a number of preserves to mountain bicycling use, to allow visitors who do not wish to interact with mountain bicyclists the opportunity for a more tranquil outdoor experience. Although these closures met with strong resistance, we feel that hikers and equestrians should not have to deal with the type of behavior which you encountered. The District's rangers run regular radar patrols in preserves where mountain bicycling is popular, and where problems are known to occur. Citations are issued for excessive speed. Just for clarification, the trail which you were on, Harkins Ridge, is not closed to bicycles. However the near-by Whitemore Gulch trail was closed to bicycles and horses that day. An advisory sign informs people of this closure, and this is the sign which you may have passed. Thank you for bringing this incident to our attention, we will continue to rigorously enforce District regulations for all user groups. If you would like further information about preserves which do not have bicycle use,please contact the District's office at(650) 691-1200. Sincerely, C? ../ Deane Little President, Board of Directors CC: Board of Directors DL/gb 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 INTERNATIONAL RIGHT OF VI.V;ASSOCIATION,Chapter 2 presents: A Spring Seminar,Thursday,May 16,2002 PUBLIC/PRIVATE PARTNERSHIPS KEYS TO SUCCESSFUL LAND CONSER VA TION . ........... Presentations by experienced right-of-way agents, appraisers,attorneys and property managers will provide insight into creating acquisition opportunities,valuing open space and recreational lands,and managing open space and recreational properties. The morning speakers will provide information on strategies for acquisition,legal aspects,valuation considerations,and funding mechanisms. The afternoon speakers will address mitigation and remediation aspects,and practical and creative techniques for implementing the goals of land conservation and stewardship. The panelists and participants include(in alphabetical order) Todd Amspoker,Esq., Attorney at Law,Price,Postel&Parma Legal issues focusing on property valuation and strategies for acquisition Tina Batt, Manager,Muir Heritage Land Trust Property acquisition from non-profit land trust perspective Dino Bonos,Stewardship Coordinator, Sonoma County Agricultural Preserve and Open Space District Challenges of land stewardship through acquisition and conservation/agricultural casements Steve Boeri, Manager,Real Property,East Bay Municipal Utility District Acquisition negotiations,valuation,acquisition,buyer and seller relationships,contract preparation Joyce Diaz,MAI,Diaz,Diaz&Boyd Valuation of open space,conservation easements and partial acquisitions with consideration for onsite remediation Robert Doyle, Assistant General Manager,Land Acquisition,East Bay Regional Park District Obtaining funding for acquisitions,review of acquisition procedure including valuation,negotiations and funding mechanisms Darla Guenzler, Manager,Land Conservation,Bay Area Open Space Council Review of land conservation tools including conservation easements valuation and funding Alan Hyden, Developer Land donations related to land development. Issues include valuation,negotiations,and conditions of development Karen Laws, Manager,Real Property,Public Works Department,Contra Costa County Land acquisition by County including negotiations,valuation,acquisition,buyer/seller relationships,contract preparation Kathleen Marsh,Stewardship Technician,Sonoma County Agricultural Preserve and Open Space District Challenges of land stewardship through acquisition and conservation/agricultural easements Brad Olson, Environmental Specialist,East Bay Regional Park District Valuation and funding for remediation and resource enhancement,methods for implementation for necessary remediation Jim Swanson, State of California,Department of Fish and Game Remediation currently proposed within the greater Bay Area for The State of California,Department of Fish and Game Lloyd Wagstaff, General Manager,Santa Clara County open Space Authority Acquisition strategies,negotiations and valuations I Nancy Werminger, Land Acquisition Manager,East Bay Regional Park District Economic value of open space in the Bay Area Mike Williams, Real Property Representative,Midpeninsula,Regional Open Space District Negotiations,valuations,and arrangements for land acquisition Glenn Young, Geologist,Manager,Fugro-Subsurface Consultants,Hazardous Waste Remediation Procedures for completing onsite remediation and compliance Page I of I Volunteer From: "Rod g & Rainey Alleman" <alleman@concentric.net> To: 'Volunteer <volunteer@openspace.org> Sent: Thursday,April 04, 2002 5:20 PM Subject: Re: District Book Hi Paul---I mentioned in a note to our trail report for this morning that we have arranged a meeting with Dave Weintraub (only I 'misspelled'his name as "Crawford", an 000pps for which I apologize!) We thought of an occurrence with animals at Rancho in which you might be interested for your report: On a bright early morning last year we saw a Great Blue Heron in the large field between the tennis courts and the bridge into the main parking lot. We had seen him there before, and have since,but that morning's antics were different. He apparently had tired of his usual breakfast fare of fish over at shoreline, and had come to the Preserve for some red meat--we saw him skillfully stalk and grab a vole, swallowing it head first. But the interesting "show" he put on involved a large group of wild turkeys who apparently regarded the large field as their domain. We watched the turkeys when they spotted the heron near the bridge and, en masse,began to approach it,walking slowly at first,heads high. The heron didn't seem bothered at all, but kept his eye on them. As they got closer, the turkeys gradually lowered their heads to just above ground level and increased their pace; the closer they got, the faster they moved, until at some signal, they all started a spirited run the last few feet toward the heron. The heron finally slowly spread his hugh wings, and flew to a new spot about 100 feet or so closer to the tennis courts. The turkeys stopped, looked around, then slowly began their move closer to the heron, moving faster as they closed, finally lowering their heads, and running toward the big bird which, of course, merely repeated his former manouver of moving a hundred feet or so closer to the tennis courts. This happened almost a dozen times, 'till there was no room left between the heron and the tennis courts, whereupon he flew over the herd of turkeys, back toward the upper end of the field, made his landing and began looking for more food. The turkeys, not to be outwitted, slowly regrouped, and headed back toward the heron where this whole process began anew. We returned to our trail patrol duties... This year, we've seen the Great Blue, with a smaller one in tow, looking for more red meat. The turkeys have moved to another area and may have lost interest in large, confident water birds... Rodg and Rainey ----- Original Message ----- From: Volunteer To: Allernan Rqdg& Rainey Sent: Monday,April 01, 2002 1:21 PM Subject: District Book 4/9/2002 Regional Open I . ice ------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 4, 2002 Holly Van Houten, Executive Director Bay Area Ridge Trail Council 26 O'Farrell St., Ste. 400 San Francisco, CA 94108 Dear Ms. Van Houten: Congratulations on becoming the new Executive Director of the Bay Area Ridge Trail Council! Although leaving the beautiful surroundings of the Presidio must be a little difficult, I am delighted that you have decided to accept this leadership role of the Bay Area Ridge Trail Council, and hope you will find it greatly rewarding. The District is very fortunate to have someone who has your experience with environmental planning and restoration projects, and interest in open space and parks and recreation issues assuming this Executive Director position. I look forward to working with you on projects of mutual interest through the Bay Area Open Space Council, as well as on specific Ridge Trail projects within the District's boundaries. Congratulations again on your acceptance of this important position. Si cerely, L. Craig Britton General Manager LCB/kw cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org 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 ice = April 8, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Gray Davis State Capitol Sacramento, California 95814 Via facsimile: (916)445-4633 RE: AB 953 (Simitian): Request for Signature Dear Governor Davis: On behalf of the Midpeninsula Regional Open Space District, I am pleased at the legislature's strong support of, and now the opportunity to urge your signature on Assembly Bill 953 (Simitian),entitled Parks and Open Space Districts(urgency). The modest amendments to the Public Resources Code Section 5500 et. seq. proposed by this legislation would nonetheless provide necessary clarity and modernization to state law, which will be greatly appreciated by this Open Space District(as well as the Sonoma County Agricultural Preservation and Open Space District). Specifically, this legislation will provide assurance that an "interest in real property"does include easements, for the purposes of negotiating exchanges up to 40 acres, as currently permitted. As an agency whose mission is to acquire, protect,restore, and provide ecologically sensitive recreational opportunities on a regional basis within one of the most expensive real estate markets in the world, it is valuable to ensure we have the tools to best create and manage the public's greenbelt. Small exchanges often afford the opportunity to connect regional trails, add adjacent lands to a preserve, or to negotiate to better protect or manage sensitive habitat. This new language also renders Section 5540.5 and Section 5540.6 consistent with Section 5540. This legislation would also modernize Section 5549 to increase the General Manager's spending authority from $10,000 to $25,000, as is already the case with the East Bay Regional Park District. Of course,the elected Board of Directors retains its budgetary authority. However, the cost of doing all business has increased over the past 30 years, and the District now regularly undertakes projects exceeding $10,000. Therefore, the District appreciates the opportunity to update this authority to save time and costs by process streamlining. I respectfully request that you sign AB 953 into law. Should you have further questions,please do not hesitate to the District's General Manager, Craig Britton, at(650) 691-1200. Thank you for your consideration! Sincerely, Deane Little President, Board of Directors Cc: MROSD Board of Directors Assemblymember Joe Simitian Ralph Heim, Heim,Noack, Kelly, and Spahn L. Craig Britton. General Manager DL/shj 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 Amfl ©F EP, Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton COUNTY OF SONOMA MEMBERS OF THE BOARD BOARD OF SUPERVISORS „ MIKE KERNS HAIRMAH 575 ADMINISTRATION DIVE, RM. 100,4, SANTA R05A,CALIFORNIA 95403 f ¢� PAUL L. KELLEY VICE CHAIRMAN (707) 565-2241 .' MICHAELJ. CALE FAX(707)565-3778 �ttR1U1xURE1^ EEVE T. LEWIS �; �.� TIM SMITH COUNTY CLERK MIKE REILLY April 8, 2002 The Honorable Gray Davis, Governor 1st Floor State Capitol Sacramento, CA 95814 Subject: AS 953 (Simitian/Chesbro) - Park and Open Space Districts Dear Governor Davis: On behalf of the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District (SCAPOSD), I would like to urge your support of AB 953 (Simitian/Chesbro). This bill includes a key provision that would allow the general managers of SCAPOSD and MidPeninsula Regional Open Space District to enter into contracts for services, deposits, labor and materials or other consideration in amounts not exceeding $25,000. Costs of appraisals, surveys,purchase deposits, and other professional services associated with the District's conservation transactions typically exceed the current statutory limit of$10,000. Tlus has resulted in delays while staff seeks Board authorization to exceed the statutory limit. Where time is of the essence, such delays can affect the outcome of real estate negotiations. AB 953 would enhance our District's ability as a land conservation agency to move expeditiously to complete successful acquisitions. Thank you in advance for your support. Sincerely, MIl�-E KERNS, CHAIR Sonoma County Board of Supervisors MHK:mb:12612 c: Director Michael Cale Director Tim Smith Director Paul Kelley Director Mike Reilly RECEIVED Mike Clirystal, County Administrator, County of Sonoma Assemblyman Simitian Senator Chesbro APR 9 2002 Craig Britton, Mid.Peninsula Regional Open. Space District MIOPENNSULA REGIONAL OPEN SPACE DISTRICT City and County of San Francisco Recreation and Park Department �p 4outiTr ' r 2 V. }� 11 y o 6 this t e tteA waz 6onwaAded )`35 O 7 to the City o6 Mountain View. April 8, 2002 Kathleen Hart Mid Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Kathleen, Twice a year, I lead a group of approximately fifty seniors in what we call the 'Senior Trekkers'. The Trekker program takes San Francisco Seniors on hikes to different sites throughout the Bay Area. Last Friday, we went to Rancho San Antonio Open Space Preserve and Deer Hollow Farm. Our day started out with a short hike to the farm from the parking lot. After reaching our destination, the group toured the farm and had lunch at the `barn'. We then hiked up the ridge to the water tower, back down to the parking lot and headed home. The Preserve was clean and well maintained. I would like to take this opportunity to thank your department for the wonderful time our seniors had at Rancho San Antonio, particularly Mary Gilman, Carla and the volunteer docent staff at Deer Hollow Farm. The tour of the Farm was terrific and was the highlight of the outing. Mary, Carla and the volunteer docents did an outstanding job of accommodating our group, making this an extremely successful outing. Kudos to all involved! Sincerely /P Peter Oquendo City-Wide Senior Adult Program Coordinator San Francisco Recreation & Park Department McLaren Lodge, Golden Gate Park 501 Stanyan Street Phone: (415)831-2700 San Francisco, CA 94117-1898 Fax: (415)221-8034 Regional Open : ice 1 April 11, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Michael M. Lopez Planning and Development Coordinator for Santa Clara County County Government Center, East Wing, 7`t' Floor 70 W. Hedding Street San Jose, CA 95110-1705 Subject: Stevens Creek Quarry(Quarry) Use Permit Compliance Dear Mr. Lopez: On behalf of Midpeninsula Regional Open Space District(District), I would like to submit the following comments regarding the County's review of the Stevens Creek Quarry Use Permit. The District owns and manages approximately 47,000 acres of open space land in a series of 26 preserves on the San Francisco Peninsula, stretching from the San Francisco Watershed Lands in the north to south of Los Gatos. The District's Picchetti Ranch Open Space Preserve adjoins the southern boundary of Stevens Creek Quarry, and Fremont Older Open Space Preserve is very close(approximately 0.5-mile east of the Quarry and adjacent to Stevens Creek County Park). In keeping with its mission to actively acquire and preserve open space land, the District expects to continue to purchase,enhance, and restore natural habitat, and to provide the public with low-intensity recreation opportunities near or adjacent to the Quarry. The District, therefore, has great interest in the Quarry's existing and future operations. The District would like to acknowledge and commend the County for its diligent review of the Quarry's operations and use-permit compliance in response to local resident concerns and use-permit legality. The District is also pleased with the additional mitigation measures and volunteer measures that the County and the Quarry have incorporated into the use permit to further minimize the Quarry's environmental impacts. However, although the District has every confidence in the County's capacity to pursue the Quarry's use- permit compliance, the need for consistent and continuous mitigation monitoring cannot be stressed too highly. Mitigation measures that lack ongoing monitoring and enforcement inevitably fall short of addressing the issues and concerns for which they were initially created. Therefore, the District recommends that the mitigation measures include information concerning assigned responsibilities, measurable criteria to determine the level of successful compliance, specific reporting requirements, enforcement procedures, and penalties for noncompliance. Equally important is the setting of timelines for mitigation compliance in order to provide both the applicant and the compliance officer with a time-critical schedule of when the measures are in effect. And finally, one of the most important parts of a quarry permit is a comprehensive, well-funded, strictly enforced restoration plan. The District urges the County to implement such a program and require the applicant to assure advance funding for on-going restoration. The District appreciates having received notification of the compliance review process and the opportunity to comment. Please continue to provide the District with all future notifications related to this issue. i Since ly, L. Craig on, eneral Mana cc: MROSD Board of Directors Santa Clara County Parks Department LCB:ar 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 gym! ®PoEE� 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 April 11, 2002 Mr. Rich Napier,Executive Director City and County Association of Governments 555 County Center Redwood City, CA 94063 RE: 2020 Peninsula Gateway Corridor Study(Highway Connections) Dear Mr.Napier: The District owns and manages approximately 47,000 acres of open space land organized into 26 preserves, one of which is Ravenswood Open Space Preserve on the bayfront,just south of the Dumbarton Bridge. On behalf of the District, I would like to submit the following comments concerning the stated goals for the 2020 Peninsula Gateway Corridor Study(Study),which are intended to be a guide for evaluating alternatives to the traffic congestion in the vicinity of Highway 101 between the Dumbarton Bridge(Route 84) and Highway 85. Although the District understands that these traffic flow improvements are highly desirable,the District is gravely concerned by the Study's goals,which, in large part, conflict with the District's mission to preserve,protect, and restore natural habitat, and provide the public with access to open space lands. From the Study's goals, it would appear that major consideration is being given to building a new section of highway from the Dumbarton Bridge, through the wetlands, in order to connect the Bridge more directly to Highway 85. Because this wetlands corridor has significant geographic limitations and is the site of on-going sensitive land use and resource-protection by the District and the city of Palo Alto, the District must go on record at the outset as being very concerned, if not alarmed, by this Study and its goals. Ravenswood Open Space Preserve offers more than 1.5 miles of trail, affording the public access to, and enjoyment of, some of the Peninsula's finest restored baylands. The majority of the preserve,which once functioned as a salt pond, has been under restoration since 1999,when the outboard levee was breached to reintroduce tidal flow and return the area to its natural state. Just to the north, a portion of the Ravenswood preserve extends directly to the Dumbarton Bridge and is adjacent to a Cargill salt pond that teems with wetlands wildlife. The Cargill salt pond is slated for acquisition and restoration as part of the Don Edwards San Francisco Bay National Wildlife Refuge, which is administered by the U.S. Fish and Wildlife Service. A highway through this area would severely impact, if not destroy, these conservation and restoration efforts. Additionally, any new highway proposed by the Study would severely impact the San Francisco Bay Trail Plan(Plan)prepared by the Association of Bay Area Governments (ABAG)pursuant to Senate Bill 100,which identifies a regional hiking and bicycling trail around the perimeter of the Bay. Segments of this Bay Trail run through Ravenswood Open Space Preserve and Palo 330 Distel Circle • Los Altos,CA 94022-1404 * Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org » Web site:www.openspace.org ®. Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton Mr. Rich Napier April 11,2002 Page 2 Alto Baylands Preserve, and efforts are underway to provide additional segments connecting Ravenswood Open Space Preserve to the Dumbarton Bridge and beyond to Wildlife Refuge areas to the north. In light of these current and future projects for resource protection and public access,the District urges the City and County Association of Governments(CCAG)to amend goal (d),which currently states: "Identify possible solutions that will minimize the environmental impact on baylands and habitat." The District recognizes and appreciates CCAG's intent to proactively address concerns regarding potential environmental impacts on the adjacent baylands. Unfortunately,the language of goal (d) is neither sufficiently clear nor direct enough to ensure effective protection. To ensure that the proposed solutions and alternatives of the Study avoid all potential impacts to the baylands adjacent to the Study area and to the ongoing restoration and public-access efforts, the District urges CCAG to amend goal (d)to read as follows: Identify possible solutions and alternatives that will not infringe on sensitive bayfront habitat,will avoid environmental impacts on wetland areas, and will enhance ongoing efforts for bayland restoration,protection, and Bay Trail public access improvements along the bayfront. The District respectfully requests that any future discussions of the Peninsula Gateway Transportation Corridor address and account for the simultaneous need to preserve and protect the important open space and wetlands resources of the bayfront. Sin rely, L L. C Craig ritton General Manager LCB:ar cc: MROSD Board of Directors City Council, City of Palo Alto Greg Bretts,City of Palo Alto Parks and Open Space Janet McBride, San Francisco Bay Trail Project Margaret Kolar,Don Edwards San Francisco Bay National Wildlife Refuge Audrey Rust,Peninsula Open Space Trust bcc: Lennie Roberts, committee for Green Foothills From:Robert Zatkin To:Fax#691-0485 Date:4112J2002 Time:10:10:32 AM Page 2 of 4 Robert Zatkin 140 Springdale Way * Redwood City, CA 94062 tel./fax (650) 369-6462* rszatkinO-earthlink.net April 11, 2002 Golden Gate National Recreation Area Attention: ANPR Fort Mason, Building 201 San Francisco, CA 94123 Golden Gate National Recreation Area Staff: The presence of dogs off-leash in the Golden Gate National Recreation Area (GGNRA), a unit of the National Park System, violates the tone and legal mandate of the National Park Organic Act', the General Authorities Law of 1970 and amendment law in 19782, and derivative language of these precepts as enunciated in establishing the GGNRA3. The intent in establishing the National Park System, and units of the System such as the GGNRA, was to designate areas of"high public value"as National Parks, and National Recreation Areas, in a conserver mode so as to protect scenery, natural"objects"and wildlife, and to"provide for the enjoyment"of people of the United States in the present and the future. Inherent in this conserver protectionist intent is the constraining of activities that may compromise the goals of establishment— activities that degrade scenery and natural"objects, threaten or destroy wildlife, and compromise the ease of attaining enjoyment in visiting National Parks and units of the National Park System. Clearly,the presence of dogs off-leash in the Golden Gate National Recreation Area violates the legal mandate, and philosophy, upon which the National Park System was established and is maintained. The consequence of this violation manifests in the myriad ways that dogs off-leash in the GGNRA negatively impact public trust resources (scenery, natural"objects"and wildlife)and people who seek enjoyment. Such impacts include, but are not limited to: • Displacement, injury and mortality of wildlife. "To conserve the scenery and the natural and historic objects and wild life therein and to provide for enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations." 2 "The authorization of activities shall be construed and the protection, management, and administration of these areas shall be conducted in light of the high public value and integrity of the National Park system and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by Congress." 3 shall utilize the resources in a manner which will provide for recreation and education opportunities consistent with sound principles of land use planning and management. IN carrying out the provisions of the Act, the Secretary shall preserve the recreation area, as far as possible, in its natural setting, and protect it from development and uses which would destroy the scenic beauty and natural character of the area(Public Law 92-589, 16 U.S.C. sec. 460bb)." Page 1 From:Robert Zatkin To:Fax#691-0485 Date:411=002 Time:10:10:32 AM Page 3 of 4 • Destruction of native vegetation by digging and chasing. • Disruption of avifauna by chasing. • Discharge of feces and urine as territorial markers, which likely affect wildlife distribution and behavior. • Presence of feces and urine,which is an offensive form of visual and olfactory pollution. • Disruption of fish and other aquatic biota by chasing and wading in stream channels. • Impacts to public safety by chasing, threatening, exhibiting aggressive behavior and biting. • Discouraging visitation by the presence of dogs off-leash. In summary, it was not the intent in establishing the National Park System to provide a location and venue for dog owners to release their dogs from the constraints of leash control. Conversely, it was certainly the intent in the establishing the System to delineate and dedicate locations of unique public trust resources for protection and enjoyment by people without degrading of compromising these resources or the experience of the visitor. As such,the presence of dogs off-leash in any unit of the National Park Service--including the Golden Gate National Recreation Area—violates the very principles upon which the Service was founded and perpetuated. The rightful and correct entity for establishing areas for dogs off-leash in the City of San Francisco is the City and County of San Francisco as these entitles possess the legal authority and responsibilities for dog control—licensing, vaccination, and control of egregious dog behavior. Further, the burden of pressure to legitimize the illegitimate use of the GGNRA for dogs off-leash follows from the unwillingness of the City and County of San Francisco to effect its legal responsibilities, for example mandating a reduction in the number of dogs in the City of San Francisco and establishing and maintaining dog off-leash areas on land owned or leased by the City and County of San Francisco. In lieu of the City and County of San Francisco assuming a far more mature and responsible proactive posture on the issue of dogs off-leash perhaps those individuals who place their presumptuous "right"to have their dogs off-leash in the GGN RA should move to another region where a dog off-leash is not a threat to the integrity of the public trust resources of a unit of the National Park System or the people who visit such units for enjoyment. I am adamantly opposed to the continued presence of dogs off-leash in the Golden GaW National Recreation Area. However, I understand that enormous and unreasonable pressure has been placed on the staff of the Golden Gate National Recreation Area by people who fail to acknowledge the legal context of the National Park System--and who likewise value their presumed right to visit the GGNRA with their dog off-leash over the mandate to protect public trust resources and secure enjoyment by other people who visit the GGNRA. As such, if a decision is made to allow dogs off- leash in the GGNRA conditions for establishing an off-leash area must be established and maintained. I submit that establishing a dogs off-leash area must include the following. • The selection of the area must be based on competent and complete field-based scientific analysis designed to determine and assure that no biological species of concern, habitat of such species, or the functional relationships between such species and their habitat is disturbed by any activity as with dogs off-leash. • The area will be fully contained by a perimeter fence of sufficient height to prevent dogs from climbing or jumping over the fence. • The access points to the area will be fully signed with a statement to the effect that dogs can be off-leash only within the fenced area and that dogs off-leash outside the fenced area is illegal. Page 2 From:Robert Zatidn To:Fax#01-0485 Date:4112/2002 Time:10:10:32 AM Page 4 of 4 • The area will be veneered with a material that absorbs and attenuates the release of dog feces and urine to the environment. The material is to be periodically replaced in total or incrementally,to assure the aforementioned function is obtained. • The area will be posted with signs that instruct dog owners to bag and dispose of their dog's feces in a legal and appropriate manner. • No public money will be used to establish and maintain the area. This follows from the presence of dogs off-leash in a unit of the National Park Service violating the legal mandate of the Service and units of the Service. • An established State of California 501(c)3 non-profit entity must execute a contract with the Golden Gate National Recreation Area unit of the National Park Service for construction, maintenance and oversight of the area. The contract must contain the following stipulations: o The entity will pay the financial cost for the construction, maintenance and servicing of the area. • The entity will provide a bond of sufficient size to protect the National Park Service and the visiting public against fiscal costs and damages associated with any and all types of incidents related to the presence of dogs in the off-leash area. o A monitoring program must be established prior to opening the area to dogs. The program must include a requirement for regular visual and analytical assessment to assure that the area is properly maintained and that no impacts are occurring to public trust resources and other users. o The contract may be terminated at will by the National Park Service if the conditions of the contract are not met by the contracting entity. Such termination will result in the effective ban of dogs off-leash in the GGNRA until such time that the contracting entity, or another entity, resumes responsible and responsive management of the area. • The establishment of the area is coupled to a mandatory program by staff of the GGNRA to proactively patrol for dogs off-leash illegally in the GGN RA, and that when found the owner of a dog off-leash will be warned or issued a citation as deemed appropriate only by the staff of the GGNRA. In closing it is important to realize that legalizing within the GGNRA an activity that is illegal— allowing dogs off-leash---will likely set a nation-wide precedence with attendant implications to other units of the National Park System. I believe such a precedence is highly undesirable and will further move the National Park System away from the principle and philosophy upon which it was founded--the conservation of"the scenery and the natural and historic objects and wild life therein and to provide for enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.". Thank you for your time and consideration of my comments. Sincerely, Robert Zatkin Page 3 Regional O en S �c g p e ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: April 12, 2002 TO: All Staff FROM: L. Craig Britton, General Manager SUBJECT: El Corte de Madera Creek Open Space Preserve - Closure to All Off- Trail Travel Effective immediately, all public use at El Corte de Madera Creek Open Space Preserve is restricted to the designated and signed trail system. All off-trail travel and use of closed or undesignated trails is prohibited This closure is implemented in accordance with Ordinance 93-1, Regulations for Use of Midpeninsula Regional Open Space District Lands, Section 805 Prohibited Areas. National Marine Fisheries Service, California State Department of Fish and Game, and Bay Area Regional Water Quality Control Board have directed the District to reduce current levels of sedimentation entering El Corte de Madera Creek. Staff has identified 21 miles of illegal, undesignated trail currently being degraded by unauthorized use. To assist staff in the elimination and restoration of these undesignated trails and to reduce the potential for sedimentation caused by off-trail use, all public use of the preserve is restricted to the designated trail system. Mid peninsula Regional Open Space District Rangers are hereby authorized to enforce District Ordinance 93-1, Section 805.1 Closed Areas. "No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent." El Corte de Madera Open Space Preserve is closed to all off-trail travel and use of closed or undesignated trails until further notice. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 Fax:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org ® " Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ,'-. ice loo MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 17, 2002 Honorable Joe Simitian 160 Town and Country Village Palo Alto, California, 94301 Dear Assemblymember Simitian: On behalf of the Midpeninsula Regional Open Space District, I would like to express my gratitude for your patient and persistent work on behalf of AB 953. From your authorship of this legislation, to your eloquent presentation of it in the various committees, to your and your staff s careful work to patiently explain its intent to your legislative colleagues and their staff; to your diligence and persistence in seeing it through two years of process, we have appreciated your and your Chief of Staff, Kristina Loquist's efforts. You have successfully championed a bill that may appear minor on the radar screen of our constituents,but one that will provide to this District, and to Sonoma County's Agricultural Preservation and Open Space District, major improvements in our 1) efficient use of staff resources, and 2)much-needed legislative clarity ensuring tools to most effectively plan ecosystem interconnections and to manage our regional greenbelt of open space lands. I For your authorship, patience, and dedication to advocating for open space needs, alone, I would have been greatly appreciative. For your additional work to advocate that this bill become urgency legislation—thereby saving the District much time otherwise lost to unavoidable delays last year, I am particularly grateful. Kudos to you, and many thanks, again, for your support of Bay Area open space preseyd'ation efforts! Sificerely, L. 7raig B ' on General Manager LCB/shj Cc: MROSD Board of Directors Ralph Heim Kristina Loquist 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.org ( ®• Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open Space ,, ,•"". .,,.� MIDPENINSULA REMONAL OPEN SPACE LNSTRICT To: Board of Directors From: John Escobar, Assistant General Manager Date: April 24, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phonm 6SO-691-1200 Fax 650-691-0485 • E-mail:mrosd@openspace.org • Web site: wwtiK .org r � RECEIVED_ MAR 2 g Z�4J," CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE EIGffl= 4+CT''AtKS, AND COASTAL PROTECTION ACT OF 2002 March 21, 2002 Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, C 94022-1404 Dear Mr On March 5th vot rs overwhelming supported Proposition 40, The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002, with 57% of the vote. This victory is a tribute to your dedication to natural resource protection and your efforts to secure its passage. Thank you for your hard work on Proposition 40. This victory would not have been possible without your participation. California will be a better place because of Proposition 40 and your efforts. I am especially excited b the passage of Proposition 4 given p y y p g opos on 0 gi e the low voter turnout and economic circumstances under which the election was held. The"take away" message is that parks and environmental protection are shared values across party and philosophical lines. Thank you again for your hard work and dedication to California. I look forward to working with you again to protect our state's magnificent natural resources. Sincerel / Fred Keeley Speaker pro Tern of the Assembly Not Printed At Government Expense Thank You for Voting YES on Proposition 40 926 J Street, Suite 612 • Sacramento CA 95814 916-313-4539 • FAx 916-448-1789 i Paid for by Californians for Clean Water, Clean Air, Coastal Protection and Safe Neighborhood Parks. Yes on 40. ID#991829 INTEROFFICE MEMORANDUM April 16, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary I Closed area 17 21 Speed 4 4 ACCIDENTS/INCIDENTS Helmet 9 16 Bicycle accident Night-riding 0 0 Equestrian accident Dogs Hiking/running accident 0 Prohibited area 4 6 Search&Rescue 1 Off-leash 13 19 LZ air evacuation 0 Off-road vehicles 0 1 Fire 0 Closed area 0 1 After hours 7 9 ENFORCEMENT Fishing 2 2 Parking citations 52 Vandalism 0 6 Other citations 57 Parking 23 30 Written warnings 51 Parking after hours 29 49 Arrests 1 Dumping/littering 0 0 Police assistance 4 Campfires 0 0 Camping 0 0 MUTUAL AID Weapons Accident I Actual contact 0 0 Medical aid 1 Report only 0 1 Law enforcement 2 Evidence of 0 1 Landing zone for off-site 3 Exhibition of speed 1 1 Fire I Event w/o permit 0 1 Smoking 0 1 Bikes in closed area 0 2 Unlawful trail construction 0 1 Abandoned vehicle 0 1 Feeding wildlife 0 1 SUMMARIES OF SIGNIFICANT INCIDENTS Feb. 21 The restrooms at the Windy Hill picnic area were used for target practice. The incident occurred in February and was reported in March. March 4 A staff member from the District's administrative office reported seeing a person feeding coyotes at Monte Bello OSP. S. Hooper made a verbal contact with the woman and advised her against feeding the coyotes. March 8 An illegal trail was found in Fremont Older OSP. The trail was constructed around a fence previously installed by field staff to block access to an illegal trail constructed in February. March 13 A window was smashed and items were stolen from a vehicle parked in Rancho San Antonio County Park. The victim lost a wallet, credit cards, money, and a cellular telephone. A witness gave a description of possible suspects and their vehicle. The information was provided to Santa Clara County Deputies. March 17 A car was found abandoned in Rancho San Antonio County Park. The license plates and the VIN(Vehicle Identification Number)had been removed. The car was towed, and was possibly stolen. The Santa Clara County Sheriffs office is investigating. March 23 While closing Rancho San Antonio County Park,K. Carlson stopped two men for after- hours violations. One man had a$1,500 no bail warrant for driving under the influence. Santa Clara County SO came out and took the man into custody. The other man was given a verbal warning for the after-hours violation, and a parking citation. March 24 A cyclist traveling at about 25 mph and not wearing a helmet had an accident,possibly due to mechanical failure, at Rancho San Antonio County Park. She sustained loss of consciousness, facial injuries, and possible head injuries. The cyclist was transported by ambulance to Stanford Hospital. March 27 Three people were contacted one hour after preserve closing hours for having a full moon barbeque picnic. Santa Clara SO was called to evaluate the drivers for intoxication. One of the individuals was found to be legally intoxicated, and was prohibited from driving. All were issued citations for after hours use and were then released. One of the individuals called his lawyer on his cellular phone. March 31 Nine people were contacted by B. Downing and S. Anderson-Minshall in the Alpine Pond area of Skyline Ridge OSP at dusk. Several of them had been drinking and one was smoking. Several of them were also minors. San Mateo County Sheriff's deputies were requested. They arrived and took charge of the scene. All were released. Vandalism: 3 A preserve sign at Windy Hill was shot with a large caliber weapon. 7 A whole access restroom at Skyline Ridge was sprayed with graffiti. 7 A post at Sierra AzuI was sprayed with graffiti. 8 A fence around an old house at Bear Creek Redwoods was cut. 9 A fence was cut in several places at Bear Creek Redwoods. 25 A sign box at Windy Hill was smashed. _� I { i I ��f