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HomeMy Public PortalAbout20020724 - Agenda Packet - Board of Directors (BOD) - 02-15 Regional Open S;` ce 1 MIDPENINSULA REGIONAL OPEP�Q T1J T SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, Y Jul 24,2002 330 Distel Circle Los Altos,California AGENDA* Please Note: 5:30 p.m. Special Meeting Start Time 6:30 p.m. Closed Session Start Time 7:30 p.m. Regular Meeting Start Time 5:30* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE AIMPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ** ORAL COMMUNICATIONS BOARD BUSIlHESS 5:35* 1. Board Workshop to Discuss the Resource Management Five-Year Strategic Plan—C. Roessler 6:25* RECESS—There will be an approximate five minute recess before the Closed Session Meeting begins. 6:30* SPECIAL MEETING CLOSED SESSION-The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Cmfcrence with Le Counsel—Initiation of Lit on Initiation of Litigation Pursuant to Government Code Section 54956 9(c) -one potential case 2. Conference with —Government Code Section 54956.8 Real Pro — Santa Clara County Assessor's Parcel No. 562-07-011 perty Agency Negotiator—Michael C.Williams,Real Property Representative NegotiatingPartv—Robert Daloia Under Negotiations—Instructions to negofiauw will concern price and terms of payment. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MEDPFA 4SULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public 330 Distel Circle • Los Altos, CA 94022-1404 + Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org ftm ® BT Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz . General Manager:L.Craig Britton Meeting 02-15 Page 2 ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—D.Little *** ADOPTION OF MIKI= • June 12,2002 • June 26,2002 BOARD BUSINESS 7:40* 1 Proposed Addition of County of Santa Clara(Hacienda Paris Property)to the Mt. Umunhum Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions As Set Out in This Report are Categorically Exempt from the California Environmental Quality Act(CEQA);Adopt the Attached Resolution Accepting the Conveyance of the County of Santa Clara(Hacienda Park)Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve;Indicate your intention to Dedicate the Property from Dedication as Public Open Space-M.Williams 7:55* 2 Consideration of Adoption of Board Policy for Public Contract Bidding,Vendor and Professional Consultant Selection,and Purchasing of Services and Supplies-S. Schectman 8:15* 3 Determine that the Recommended Actions for the Second Spring Ridge Trail Re-Route are Exempt the California Environmental Quality Act(CEQA)As Set Out in this Report;Authorize the General Manager to Amend the Agreement with Freyer da Laureta, Inc.to Provide Consultant Services for Implementation of the Spring Ridge Trail Re- Route and Sausal Pond Observation Area at Lower Windy Hill Open Space Preserve for an Additional Sum Not to Exceed$4,000;Authorize Staff to Solicit Bids for Construction of the Spring Ridge Trail Re-Route and the Sausal Pond Observation Area at Lower Windy Hill Open Space Preserve-A.Ruiz I *** 4 Ratify Expenditures to Dell Computers in the Amount of$16,533.30 for Purchase of Computer Equipment for All Departments of the District;Authorize the General Manager to Purchase Additional Computer Equipment from Dell Computers for an Amount Not to Exceed$7,000,for a Total Expenditure of$23,533.30-S.Thielfoldt *** 5 Ratify Expenditure in the Amount of$13,902.00 to Gary Marciel Excavating for Road Grading Services at District Preserves-J. Maciel *** 6 Approval of Resolution Providing that Board Members Not Otherwise Eligible for an Employer-Paid or Partially Employee-Paid Group Vision Care Plan May Participate in the Plan Available to Permanent Employees of the District,at the Board Member's Own Expense-S.Thielfoldt *** 7 Authorize the General Manager to Enter into a Retainer Agreement with the Law Firm of Miller, Starr and Regalia in the Matter of"teniptWa Regional QM Spm District v. Wozn �in an Amount Not to Exceed$25 000-S. Sclhectrrran *** 8 Adopt the Attached Resolution Appointing Jennifer Ventura as a Peace Officer-G. I Baillie I I I I Meeting 42-15 Page 3 *** REVISED CLAIM'S 8:25 INFORMATIONAL REPORTS-Brief rqmft or announcements concerning pertinent activitm of District Directors and Staff. 8:35 ADJCRJRNNMNT * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ** TOAVO-R&W R04W: The Chair will invite public comment on agenda items at the time each item is considered by the.Board of Directors. You may ss the Board concerning oar 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. i Regional Open ,S' ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-12 REGULAR MEETING BOARD OF DIRECTORS June 12, 2002 MINUTES REGULAR MEETING L ROLL CALL President Deane Little called the meeting to order at 7:31 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, Sally Thielfoldt, Cathy Woodbury, John Maciel,Matt Freeman, Stephanie Jensen, Sue Schectman, Anne Koletzke,Del Wood, Ana Ruiz,Doug Vu,Duncan Simmons, Lisa Zadek, and Sandy Sommer IL ORAL COMMUNICATIONS—None III. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Revised Claims 02-10. K. Nitz seconded the motion. The motion passed 7 to 0. Dir. Hanko abstained on Claim#3956;Dir. Nitz abstained on Claim#3894. V. BOARD BUSINESS A. Agenda Item I —San Mateo County Coastal Annexation Project: Aq=tance of Update to the Draft Service Plan for the San Mateo Coastal Annexation Area:Informational Report on the PropggA San Mateo Coastal Annexation Project.Including the Draft ft ram Environmental IMMct Report, and Other Documents Related to the Coastal Annexation Project.the Public Participation Process and the Establishment of the Public Comment Period Commencing_June 13 2002 and Ending;August 2, 2002; Arc o the Lj1pdate to the Dra,�t Service Plan for the San Mateo Coastal Annexation Area:Receive 330 Distel Circle » Los Altos, CA 94022-1404 • Phone:650-691-1200 ROR@8T Fax :650-b91-0485 E-mail: mrosdQo ens ace.org • Web si te:www.o ens ace.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 Meeting 02-12 Page 2 the informational Retort on the Draft Environmental Im pact Report.Fiscal in Analysis, Draft Annexation Policy, and Draft Willing Sellers Only Ordinance& Receive the Informational Ltignal Report on the Public Participation Process and Establishment of the Public Comment Period for the Draft Environmental-Impact—Report Commencing June 13, 2002 and Ending August 2. 2002. and Associated Documents, the Public Participation Process and the Establishment of the Public Comment Period Commencing June 13, 2002 and Ending August 2. 2002-(Report R-02-82). D. Little outlined the procedure to be followed for the meeting. C. Britton introduced the item and talked about the history of the process. Patrick Miller,Partner of 2M Associates and leader of the coastal annexation team, introduced the team of sub-consultants as follows: Thomas Reid Associates, Environmental Consultants Economic Research Associates,Fiscal Consultants Shute, Mihaly, and Weinberger,Environmental Attorneys Terrell Watt,Planning Consultant(arrived later in the meeting) P. Miller presented an update of the 2000 Draft Service Plan. He reviewed the recommendations of staff to amend the plan as presented in November 2000. He said there were two categories of recommendations: 1. Clarifications to be more factual or for consistency purposes. 2. Modification to projections presented in the basic service plan as well as the optional service plans contained in an appendix to the report. He emphasized that activities by the District under the basic plan are dependent upon existing funding sources and there is no proposal to enhance District revenues through a voter-approved measure. P. Miller stated that the purpose of the plan is to allow LAFCo to evaluate the consistency of the plan with the State's goals for encouraging orderly growth and management per the Cortese Knox Herzberg Local Government Reorganization Act of 2000. He noted that the guiding principles have not changed in the recommendations to be presented at this meeting. He reviewed those principles. He said the basic service plan is to annex the territory based upon existing revenues, and the optional services plans would incorporate that basic concept and enhance it with additional funding sources if and when they are approved. He said the report assumes that new trails would only be on lands the District acquires, not on easements or lands managed under contract. He said the basic scenario assumes that there would be no new field office. Field offices would be housed in existing structures until the District achieved a 15,000-acre threshold. He outlined the optional service plans. N. Hanko asked why there would not be public use of conservation easements. C. Britton answered that typically when you buy a conservation easement,there is no public access. Meeting 02-12 Page 3 It is an easement that precludes development, a restrictive easement, not an easement that typically allows access. X. Hanko asked if that would preclude them acquiring easements just for trails. C. Britton said that this would not preclude trail easements; however, such easements would mainly be on agricultural lands, and the District's guiding policies propose staying away from agricultural lands with trails. N. Hanko noted that the map in the Service Plan had not been changed since the census and redistricting. P. Miller noted that and that they had noticed other"items"which would be updated in the final plan. N. Hanko mentioned that the entire Board cannot go to the meetings outside the District. She proposed that subcommittee of she, K. Nitz, and L. Hassett attend the meetings in Pescadero and Half Moon Bay. Bern Smith,P. O. Box 1583,El Granada, San Mateo County Parks Commission, said he was speaking partly as a member of the commission. He was interested in getting trails established during the first five years. He urged the Board to accept the update. He commented on the ideas of how the District manages funds from leases. He recommended that they consider the idea of a set-aside of a portion of total leases collected and place it back into the property in the form of conservation. He said he would be happy to help out. Maeva Neale,P. O. Box 750,Pescadero, Chair of Pescadero Municipal Advisory Council, expressed her concerns and those of the people on the south coast. 1. Housing —POST has acquired property. Their policy has been to evict people. It is possible that the high school would close if people cannot find housing. She was concerned that land that has housing and has agriculture will be purchased. 2. The possibility of the south coast being exempted from the annexation. She said the majority of people in Pescadero voted against annexation. D. Little informed her that some of the issues she raised would be addressed in the LAFCo process. In regard to maintaining the existing stock of housing, C. Britton said that typically the District tends to leave people on property they acquire. In addition, there is a requirement that a public agency provide for relocation. P. Siemens talked about how the District currently functions. He said the Board makes a decision on each piece of property, and typically they do not get rid of housing unless it is dilapidated. He did not know if there was a formal policy. Motion: N. Hanko moved that the Board accept the update to the Draft Service Plan for the San Mateo Coastal Annexation Area. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 02-12 Page 4 Steve Spickard presented an informational report on the Draft Environmental Impact Report, Fiscal Impact Analysis. He said the fiscal analysis was required by LAFCo. The analysis asks if there will be an effect on public financial resources, either through revenues or through service cost impacts as a result of the proposed action. He said the first jurisdiction they are concerned about is the District—do they have the financial capacity to undertake this basic service plan without impacting the level of services that they are currently providing. The second question refers to other service providers such as the County General Fund, school districts, water districts, fire districts, etc. He said they have conducted an analysis of potential fiscal impact on other agencies as a result of annexation. He said the findings are that the fiscal impact is a non-issue and explained why. The reduction of property tax revenues to other agencies is very small. The State has to make up any property tax loss to school districts that are revenue limit districts, or non-basic aid districts. He talked about the optional service scenarios. He summarized that there is no real problem from a fiscal standpoint. The reduction in property tax did not have a substantive effect on services in any of the school districts. C. Britton said that each agency was sent a letter with the estimated amount of tax loss and responded in writing. None of them found it would be significant N. Hanko asked if there were any other school Districts besides Cabrillo and Pescadero/La Honda. S. Spickard said that he thought the effect on the Portola Valley and Sequoia High School Districts would be minimal. He explained that their funding is on an average daily attendance basis. Those districts are in a position where the State must make up any difference if there is a drop off in the local property tax collections. J. Cyr noted that there are very few Districts in the State of California that are not revenue limit districts. N. Hanko said she thought the District should develop policies on housing and how they will deal with the question of decreasing student enrollment. D. Little asked if the District could legally compensate agencies for any revenue loss. S. Schectman clarified that it would depend on the situation. The District could do joint projects if there could be benefits to the public purposes of both agencies. M. Davey said she was delighted with the findings. S. Schectman reported on the Draft Annexation Policy and the Draft Willing Sellers Only Ordinance. C. Britton said they would be releasing the EIR and appendices for public comment the following day. He said Thomas Reid Associates would be conducting the hearings on the coast. Thomas Reid stated that the EIR is an EIR on the program of the coastal annexation. He outlined the contents of the EIR as follows: i Meeting 02-12 Page 5 1. Summary 2. Introduction 3. Project Description 4. Plan Consistency 5. Alternates 6. CEQA issues 7. References Maps Appendices He recapped the CEQA process, noting that the final EIR is the goal of the CEQA process. He talked about final EIR which he said would include a summary of oral comments given at the public hearings and the written comments as submitted. Staff would add their comments. Following his report,Mr. Reid talked about his professional background. K. Nitz asked why public comments in meetings were just summarized in the CEQA document and not verbatim as the written comments were. T. Reid replied that CEQA does not require a transcript. In addition people are usually more articulate when they write. P.Miller added that by law the District does not have to have hearings on the CEQA document. It is a voluntary action on the part of the District. C. Woodbury talked about the schedule of hearings and the availability of documents. She said there was a long list of agencies that received the document. She said they had not yet been able to find a public facility in the La Honda and Pescadero areas where they could make the document available. C. Britton said they will try to make the document available at no cost for everyone who wants it. They will send one to PMAC and the Mid Coast Community Council. S. Schectman reminded them that the full Board could not meet on this issue. That responsibility had been given to the ad hoc committee. She urged them to make sure no more than three Board Members attend the meetings. C. Britton noted that there will be an alternate location available in case of a larger crowd than will fit in the Board room for the meeting of July 31. M. Neale asked if it would be possible to put a housing policy with the EIR or the ' n d' n with the e o annex ation document or in connection eminent document. C. Britton said staff would come back with a recommendation. regarding h increase in fire departments e d t o B. Smith asked if they had contacted volunteerSu E demand for services. He talked about the availability of grant funds, and said the District has an opportunity to go after funding from the 2002 Farm Bill. I I I Meeting 02-12 Page 6 J. Escobar said he did not believe the volunteer departments were contacted,but the agencies that oversee them were. N. Hanko wanted it made clear that the District rangers are available to fight fires. L. Hassett talked about his experience in the South Skyline volunteer fire department. They found over the years that ranger staff and their vehicles were there for rescues and fire response, and have boosted services in the area to a higher level than before the District was there. In addition, he recalled that the District had donated equipment to a volunteer fire department. Mike EdnofI San Mateo County Resource Conservation District,resident of Half Moon Bay, invited the Board to attend their Board meeting and said he hoped to work with the Distinct. He said he estimated that $1.7 to$2 billion would be spent on conservation in the State in the next 7 years. He talked about the fiscal problems the school system has now including no money for busing. V1. INFORMATIONAL REPORTS J. Cyr participated in the Sunnyvale Art and Wine Festival. He said he was looking forward to a hike with a Board Member at the end of the month. L. Hassett: 1. He and staff members had a very productive meeting with the Old La Honda Road Association. He said he wanted to make sure we maintain momentum with this and get resolution. 2. He planned to bring the report from this meeting to the South Skyline meeting. 3. He had a meeting with POST. N. Hanko: 1. Bark beetles have attacked her property in Tuolumne County. She has a doctor treating them, and he had some medicine he has been using for sudden oak death. He gave her material to bring to st4 and she hoped they would get in touch with him. M. Davey: 1. She thanked the experts and professionals who presented the report, as well as the people who came over the hill to listen. She said this was the beginning of an exciting process. N. Hanko mentioned that Mt. Sturgeon, one of the farmers,was at the meeting. C. Britton asked that they save September 28 for the Duvoneck Humanitarian Awards event. VIEL ADJOURNMENT At 9:22 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-10 Meeting 02-12 June 12, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3867 850.00 Aaron's Septic Tank Service Sanitation Services 3868 271.63 Accent&Artech Lamination Supplies 3869 820.91 Acme&Sons Sanitation Sanitation Services 3870 145.78 ADT Security Services Burglar Alarm Service 3871 2,443.70 Allied Auto Works Vehicle Service and Repairs 3872 187.80 AnieriGas Propane 3873 6,076.38 Andy's Roofing Company, Inc. Red Barn Roof Replacement 3874 56.23 AT&T Telephone Service 3875 1,177.39 AT&T Wireless Cellular Phones&Service 3876 195.00 Bankosh, Michael Reimbursement-Tuition 3877 13,935.98 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 3878 138.80 Barron Park Supply Co., Inc. Plumbing Supplies 3879 824.53 Big Creek Lumber Fencing Materials 3880 75.78 Brim Tractor Company, Inc. Tractor Accessories 3881 244.98 Browning-Ferries Industries Refuse Services 3882 18,000.00 California JPIA General Liability Insurance-Primary Deposit 3883 111.58 California Water Service Company Water Service 3884 300.00 CARPOSA Agency Membership Dues 3885 151.86 Champion Chemical Field Supplies 3886 87.50 *1 City of Half Moon Bay Room Reservation-Annexation Meeting 3887 50.00 City of Palo Alto Revenue Collections 2 Parking Citation Hearings 3888 346.40 Cole Supply Co., Inc. Sanitation Services 3889 461.72 Costco Supplies 3890 103.00 Cougar Couriers Document Courier Service 3891 317.50 County of Santa Clara Dep. Of Env. Health Permits- Hazardous Material 3892 88.00 County of Santa Clara Fiscal Services Finger Print Services 3893 133.96 Cuzick, Elaina Reimbursement- Photo Prints-Red Barn 3894 3,619.01 *2 Dell Account Computer Equipment 3895 40.88 Dickey, John Reimbursement- Mileage 3896 150.00 Done Right, Inc. Roof Inspection 3897 798.89 Emergency Vehicle Systems Equipment Repairs 3898 25.00 Environmental Volunteers Membership Dues 3899 49.09 Federal Express Express Mailing 3900 3,933.84 *3 First Bankcard t156.78-bocat Business M"ling Expen 669.62-Local Business Meeting Expense t449.42-eonipatc, Sappfieshkcccssoties 1807.98-Computer Supplies/Accessories 487.65-Field Equipment 745.99-Conference Expense 222.60-Printing&Copying 3901 169.09 Foster Brothers Keys&Locks 3902 597.96 Gardenland Power Equipment Field Supplies& Equipment 3903 50.00 Gehrer, Dick Docent Training 3904 291.60 Goodco Press, Inc. Printing Services 3905 159.93 Grainger, Inc. Uniform Expense 3906 1,422.18 Green Waste Recovery, Inc. Garbage Service 3907 58.38 GreenInfo Network GIS Resource Data-San Mateo Coast 3908 29.93 Harari-Kremer, Ruthie Reimbursement-Mileage 3909 19.46 Howard,Kelly Reimbursement- Uniform Page 1 Claims No. 02-10 Meeting 02-12 June 12,2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3913 23,928.82 Lasher Auto Center Vehicle Purchase-Dodge Durango 3914 300.00 Law Enforcement Psychological Services Psychological Assessment-Recruitment 3915 1,521.00 Liebert Cassidy Whitmore Legal Services 3916 960.00 LM Construction Structural Repair-Red Barn 3917 42,037.64 Locus Technologies Legal Services-Guadalupe River Watershed 3918 114.64 Los Altos Garbage Co. Refuse Services 3919 1,000.00 Maaco Vehicle Repairs 3920 150.00 *5 McCutchen Environmental Forum Registration 3921 280.61 MCI Long Distance Telephone Service 3922 1,189.23 MetroMobile Communications Radio Repairs&Maintenance 3923 147.23 Millbrae Lumber Co. Supplies-Tafoni Project 3924 33.34 Northern Energy Propane Service 3925 358.72 Ocean Shores Company Equipment-Right Angle Drill 3926 39.22 Office Helper Office Supplies 3927 1,031.53 Orchard Supply Hardware Field Equipment&Supplies 3928 505.77 Pacific Bell Telephone Service 3929 30.00 *6 Peninsula Celebration Assoc. Event Booth Registration Fee 3930 265.44 Peninsula Digital Imaging Maps&Color Test Print 3931 2,576.39 Peninsula Transmission Service, Inc. Vehicle Repairs 3932 63.87 Phillips, Warren Reimbursement- Uniform 3933 763.27 PIP Printing Newsletter&Map Printing 3934 3,000.00 Reserve Account Postage-Postage Meter 3935 243.57 Roberts&Brune Co. Bollards- La Honda Residence Propane 3936 102.55 Roessler, Cindy Reimbursement- Books for Field Offices 3937 2,595.54 Roy's Repair Service Vehicle Repairs&Service 3938 70.62 RV Cloud Plumbing Supplies 3939 168.87 Safety Kleen Oil Recycling 3940 3,356.00 Safway Steel Products Inc. Red Barn Exterior Scaffold 3941 51,93 San Mateo County Times Subscription 3942 3,009.00 Seever, Richard Pig Control Services 3943 239.00 Sherwin Williams Paint&Supplies for Red Barn 3944 209.60 Skyline County Water District Water Service 3945 496.87 Soma Ergonomics, Inc. Office Furniture 3946 87.60 Sommer, Sandy Reimbursement-Mileage 3947 58.97 Specialty Truck Parts, Inc. Vehicle Parts 3948 97.43 Summit Uniforms Uniform Expense 3949 64.00 Terminix Pest Control 3950 53.64 Tex Shoemaker&Son, Inc. Cellular Phone Accessories 3951 2,071.50 Timothy C. Best, CEG Consulting Services -Road Assessment/ECDM 3952 127.46 Tony&Albas Pizza Local Business Meeting Expense 3953 383.77 Tooland, Inc. Field Equipment&Supplies 3954 42.06 Union 76 Fuel Expense 3955 1,402.03 United Rentals, Inc. Equipment Rental 3956 51.28 Verizon Pager Service 3957 99.64 Vu, Douglas Reimbursement-Conference Expense 3958 113.88 Welaratna, Sumudu Reimbursement-Mileage 3959 34.30 West Coast Aggregates, Inc. Base Rock for La Honda Creek Preserve 3960 100.19 Williams, Mike Reimbursement- Mileage 3961 6W.00 Wolfe, Roberta Recording Services III Page 2 Claims No. 02-10 Meeting 02-12 June 12, 2002 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3959 34.30 West Coast Aggregates, Inc. Base Rock for La Honda Creek Preserve 3960 100.19 Williams, Mike Reimbursement-Mileage 3961 600.00 Wolfe, Roberta Recording Services 3962 91.50 Woods, Del Reimbursement-Conference Expense 3963 200.00 Woodside&Patrol Private Patrol Patrol Services-Windy Hill 3964R 1,319.36 Los Altos Garbage Co. Refuse Services 396SR 259.77 Home Depot, Inc. Field Supplies&Equipment 3966R 322.08 Petty Cash Local Business Meeting, Office Supplies, Field Supplies, Vehicle Mileage 3967R 33,259.82 Folsom Lake Ford Vehicle Purchase- Ford F550 Total 190,903.84 *1 Urgent Check Issued 5/28/02. *2 Urgent Check Issued 5/29/02. *3 Urgent Check Issued 6/03/02. *4 Urgent Check Issued 5/28/02. *5 Urgent Check Issued 6/6/02. *6 Urgent Check Issued 5/22/02. Page 3 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-14 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS June 26, 2002 MINUTES SPECIAL MEETING L ROLL CALL President Deane Little called the meeting to order at 5:30 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, Sue Schectman, Sally Thielfoldt, Cindy Roessler, Matt Freeman, Cathy Woodbury, Stephanie Jensen, Ana Ruiz, Lisa Zadek, Elaina Cuzak, John Maciel, and John Escobar IL BOARD BUSINESS Agenda Item 1 -Board Workshop to Discuss the Resource Management Five- Year Strategic Plan. The Board concluded the Special Meeting at 7:00 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:34 p.m. Additional Staff Present: Thomas Fischer, Mike Williams, John Cahill, Del Woods, and Ruthie Harari-Kremer IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 7 to 0. VL ADOPTION OF CONSENT CALENDAR 330 Distel Circle * Los Altos, CA 94022-1404 # Phone:650-691-1200 Fax:650-691-0485 # E-mail:mrosd@openspace.org - Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Meeting 02-14 Page 2 N. Hanko removed Agenda Item 5, Calling of District Elections in Wards 1. 2. 5 and 6 and Requests for Election Consolidation Services from Santa Clara. San Mateo and Santa Cruz Counties, Adopt the Attached Resolution of the Board of Directors of the Mid peninsula Regional Qpen Space District Calling an Election and Requesting Election Consolidation Services in Santa Clara County. Wards 1. 2. and 5. Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services in San Mateo County. Wards 5. and 6. Adopt the Attached Resolution of the Board of Directors of the Midgeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services in Santa Cruz County, Ward 2. Reconfirm Section 2.12 of Your Rule of Procedure Regarding a Maximum of 200 Words per Candidate Statement and Payment of Candidate's Statements in Those Wards Where Two or More Candidates Have Qualified to Ap pear Wear on the Ballot, Adopt the Attached Resolution of the Board of Directors of the Midj2eninsula Regional Open Space District Authorizing Not Listing AW Unopposed Candidate for Election on the November 5. 2002 Ballots of Santa Clara, San Mateo and Santa Cruz Counties. K. Nitz removed Agenda Item 6,Adopt the Attached Resolution Approving the Participation of District Volunteers in the California Joint Power's Insurance Authority's Self Insurance and Loss Pooling Program of Workers' Compensation Insurance and Rescind Resolution No. 02-04. Staff noted that Claim 3984 should have been starred on the Claims list. Motion: M. Davey moved that the Board adopt the Consent Calendar, including the minutes of the Regular Meeting of May 22, 2002, and the Special Meeting of May 29, 2002; Agenda Item 4, Approval of the Notice of Completion of Contract for Painting o the Red Barn Located in La Honda Creek Open Space Preserve, Authorize the President of the Board, or Other A1212roj2riate Office, to Execute the Attached Notice of Completion and Acceptance o Work for the Lead Based Paint-Stabilization. Minor Dry Rot Re --. Rairs, and Painting of the Red Barn; Agenda Item 7,Approve Appointment of Director Larry Hassett to Represent the Mid,peninsula Regional Qpen Space District on the Policy Advisory Committee for the City/County Association o Governments of San Mateo County for the 2020 Peninsula Gateway Corridor Study; Agenda Item 8, Ap prove Cancellation of the July 10, 2002 Regular Meeting of the Board of Directors and Schedule a Special Meeting on Wednesday.July 31, 2002; and Revised Claims 02-11. L. Hassett seconded the motion. The motion passed 7 to 0. Meeting 02-14 Page 3 VIL BOARD BUSINESS A. Agenda Item No. 1 —Approval of the Purchase Agreement and Settlement Agreement and Mutual General Release Agreement in the Matter of Midpeninsula Regional Open Space District v. Paulin, and Corresponding Addition of the Paulin Property to La Honda Creek 012e Space Preserve, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set out in This Report; Adopt the Attached Resolution Approving the Agreement d Mutual General Release e Settlement Agr an Agreement and Authorizing the Execution of the Attached Purchase Agreement for the Paulin Property as an Addition to the La Honda Creek Q12en Space Preserve, Tentatively Adopt the Preliminga Use and Management Plan Recommendations Contained in This Roort, Including Naming the Property as an Addition to the La Honda Creek Q12en Space Preserve•, Indicate Your Intention to Dedicate the Property as Public Open Space—(Report R-02-79). T. Fischer presented the staff report including a map and photographs of the property. K. Nitz asked T. Fischer to elaborate on site safety. T. Fischer said the expectation is that if the District decides to purchase the property, there is an agreement with the resident that he and his family can stay until August 22. At that time, the Seller is supposed to be moved with all his personal property. T. Fischer said staff expects there are things that need to be fixed, such as the well/pump in La Honda Creek that might pose a hazard, and electrical cables that are down and need to be removed. Regarding the hillside failure, T. Fischer said staff does not know if that was caused by the bulldozing. Staff needs to look into it further. The damage might have been from overflow from a large redwood tank on the hillside. He said the District will not receive money to fix this situation; this purchase is on an as-is basis. S. Schectman said the District filed a lawsuit against the current owners of the Paulin property as the result of extensive illegal grading. Staff has not yet determined the exact extent of restoration that will be needed. A preliminary estimate was that it could be as high as $200,000. The purchase of the property will result in dismissal of the litigation. That was the mutually acceptable resolution of the lawsuit that the District filed against the Paulins. One of the terms and conditions of this acquisition is that the District be any cost of restoration and dismiss the litigation. C. Britton responded that when staff looked at the value of property they tried to estimate the high and low value of the restoration cost and felt that even with the additional cost the purchase price would still be within Meeting 02-14 Page 4 market value. He said staff was comfortable with the fact that there will be enough funds for the District to do a reasonable repair. T. Fischer said that Weeks Road also serves a District rental property(the former Bechtel residence) in additional to the Paulin properties. He said it is an all-weather road and needs some fixing. The District is responsible for that. Staff uses the road for patrol and maintenance. C. Britton clarified that the segment of road between Skyline and the edge of the preserve is an easement across private property. Hertha Harrington, 78 Morse Lane, Woodside, referred to a letter she sent to the Board. She said they were very happy that the District is acquiring this property. They have been worried that there would be nothing left standing. She said this is a very beautiful property. She said access from Skyline goes across their property, and they will never agree to the public having access. They are concerned about safety and security among other things. She said C. Britton was involved in the lawsuit that took 5 years to settle when the District bought the property from the Dyers. S. Schectman said that there was very complex litigation in which the landowners in the area sued each other. There was a stipulated judgment and cross easements were granted. She said the District has an easement for patrol,maintenance, and emergency purposes. As stated in the staff report, there is no intent to use Weeks Road for any other purpose. She assured Ms. Harrington that the Paulin easement would not be used except in strict compliance with the terms of the stipulated judgment. K. Nitz asked if there was a way to go around the property. C. Britton said users could avoid the Harrington property by encroaching into land the District bought from Bechtel, but users could not avoid going across the Weeks property which is also private property. More importantly, he said staff had done exhaustive studies in the area. Because of the steepness of the driveway it is very hard to enter and exit Skyline, so he could not see that from a use and management standpoint where staff could recommend an appropriate place to invite the public. The same problem would apply to a trail. John Landr6, 16990 Skyline Boulevard, Woodside, said he would miss Jack Paulin as a neighbor. He said the District instills fear in them with the methods it used, and as a consequence he wrote an email. C. Britton called in response and he wrote another letter. He said the essence is that he would not want to try to reverse the decision to buy the Paulin property but feel that the District's suit was clearly brought in order to buy the property, not to undo damage that Paulin did to District property. He considered this unethical. Meeting 02-14 Page 5 S. Schectman said she regretted that the speaker had been misinformed about the facts. The Board determined to file the lawsuit solely due to the extensive damage that occurred on the property. Second, the proposal to resolve the lawsuit by means of acquiring the Paulin property was a proposal made by the Paulins to the District. Third, the Paulins had freely and voluntarily given the District the right of first refusal to purchase in any event. J. Landr6 said the Paulins suggested settlement because they could not afford to fight the lawsuit. He said it left them with a bitter feeling and desire not to have anything further to do with the District. D. Little said he had seen the District involved in a number of lawsuits with neighboring property owners in cases where damage or encroachment occurred. He said there was never any intention then, nor was there in this case, to acquire the property by virtue of those suits. Mr. Landr6 asked why the District did not call before they sued. D. Little replied that decisions about legal process are made by District staff and he was sure staff did the right thing. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the staff report; adopt Resolution No. 02-19, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Approval of Settlement Agreement and Mutual General Release, Approval of the Purchase Agreement and Authorizing Officer to Execute Certificates of Acceptance of Grant Deed to District and Quitclaims to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(La Honda Creek Open Space Preserve—Lands of Paulin); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the La Honda Creek Open Space Preserve; and indicate their intention to dedicate the property as public open space. N. Hanko seconded the motion. The motion passed 6 to 1. Dir. Nitz voted no, stating that he thought the District should have continued with the lawsuit. M. Davey spoke to the issue of integrity of the District. She said she was saddened that Mr. Landr6 felt that way, and it is not the truth. She hoped he would have an open mind to the facts as stated by staff and counsel. Meeting 02-14 Page 6 D. Little said he found the comments offensive. VIII. PLEDGE OF ALLEGIANCE C. Britton announced that customarily the Board recites the Pledge at the Board meeting closest to July 4. The Pledge of Allegiance was led by Boy Scout Troop#535 of Saratoga,who then introduced themselves. VII. BOARD BUSINESS (continued) B. Agenda Item No. 2 -Proposed Property Management Agreement with Peninsula Open Space Trust for the Former Gottsligben Propedy as an addition to Long Ridge 012en Space Preserve, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA) as Set out in This Report: Authorize the General Manager to Sign the Attached Lease and Management Agreement with Peninsula Oven Space Trust and, Subject to Approval by the General Manner or General Counsel. to Ap prove Minor Revisions Which do not Substantially Change any Material Term of the Agreement: Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Retort—(Report R-02-83). D. Woods presented the staff report, and noted that the property is outside District boundaries but within its sphere of influence. He showed the property on a map and presented pictures taken of the property. He said this is a management agreement, the District is not acquiring the land at this time, although it might in the future. D. Woods referred to a letter from James and Judith Sencenbaugh who live directly to the north of the property and whose property abuts the east/west boundary. The letter stated that it is not known exactly where the property line is located. It also provides information about the property including abandoned vehicles and abandoned wells. The District will ask them to help staff locate the vehicles and wells, and, if need be, the District will remove or secure them. He said he would like to add a section to the preliminary use and management recommendations about on-site cleanup that if abandoned vehicles and a well are determined to be on the property, the vehicles will be removed and the well secured. D. Woods said the only other recommendation is the road maintenance agreement. He said the site will remain closed to the public. It is too early to try to determine if there would be trails in this area. Meeting 02-14 Page 7 C. Britton provided background information as to why the District would agree to manage the property. He said staff does not know if they will be able to connect it to District property in the future. N. Hanko said she always liked to acquire land where there is the possibility for a trail, and that possibility makes this a good piece of property. D. Woods explained where developed properties were located. P. Siemens wondered if the District should not have some agreement allowing neighbors to have permit access. C. Britton said staff would keep an eye on it. N. Hanko said the words "closed access"made her think of a fence or something to keep people out. D. Woods assured Board Members there was no intention to put up fencing or signs. However, if it is left open the people who wrote the District may become concerned because the public is coming in and using the area. This would be a very difficult area to manage for public access. He thought it best to use the standard approach, which is to post it, see if there are problems, and if there are, perhaps accommodate them with a permit system. L. Hassett understood the concerns but did not think it was a problem and the chances of it being a conflict were small. D. Woods felt the neighbors would be happier having closed area signs posted there and not having the public stray in from the preserve and use the area as a picnic spot. L. Hassett repeated that he did not foresee a problem and he would let his neighbors know the intention of the Board. J. Escobar said that J. Maciel could pass along the Board's concerns to Skyline field staff. He added that because Portola Heights is subdivided, every neighbor holds an easement over the entire road system in the subdivision. Staff considers the road system a neighborhood trail system, so there is access through the property. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the staff report; authorize the General Manager to sign the Lease and Management Agreement with Peninsula Open Space Trust (POST) and, subject to approval by the General Manager and General Counsel, to approve minor revisions which do not substantially change any material term of the Agreement; and tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report. L. Hassett seconded the motion. The motion passed 7 to 0. Meeting 02-14 Page 8 C. Agenda Item No. 3—Accept and Comment on the Informational Report on the La Honda Creek Watershed Vegetation Mapping Project—(Report R-02-87). R. Harari-Kremer briefly described methodologies that are behind producing vegetation maps. She showed a list of classification of vegetation types. She said the development of a detailed vegetation map is important because the data can be used for current District projects such as the following: 1. The vegetation and associated vegetation data of La Honda Creek Open Space Preserve will be an important base layer in order to support the La Honda Creek Master Plan. 2 The El Corte de Madera Open Space Preserve vegetation map will be useful in assessing sedimentation. 3. The Russian Ridge vegetation map can be used as a base map for the bum projects. Other examples of projects that will benefit from the vegetation map include a District-wide inventory of non- native invasive plant species and creating maps of major wildlife habitat types. She said the aerial photo was taken in late March 2000. They do not use multi-spectral photos yet. Regarding the possibility of using photos to diagnose sick trees, she said she would check that out. She added that the District buys the photos, as opposed to contracting with a photographer to take photos. C. Britton commented on the tools currently available as compared to when he started with the District,noting that incredible progress has been made. Meeting 02-14 Page 9 D. Agenda Item No. 5 - Calling of District Elections in Wards 1. 2. 5 and 6 and Requests for Election Consolidation Services from Santa Clara, San Mateo and Santa Cruz Counties, Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services in Santa Clara County, Wards 1. 2. and 5. Adopt the Attached Resolution of the Board of Directors of the Midp eninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services in San Mateo County. Wards 5. and 6: Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Election Consolidation Services in Santa Cruz County, Ward 2; Reconfirm Section 2.12 of Your Rule of Procedure Regarding a Maximum of 200 Words per Candidate Statement and Payment of Candidate's Statements in Those Wards Where Two or More Candidates Have Qualified to Appear on the Ballot: Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidate for Election on the November 5. 2002 Ballots of Santa Clara. San Mateo and Santa Cruz Counties—(Report R-02-70), N. Hanko expressed concern about people picking up nomination papers from the County and not the District. C. Britton he thought staff felt the services of the County were good. S. Schectman agreed that from a staff perspective they felt things went very smoothly. N. Hanko said she planned to vote against it because it opens the door to people running who just want to run for any office without any knowledge of the District. Coming to the District better informs people about what the District is. Motion: N. Hanko moved that the recommendation be amended to state that the District would be in charge of election material. D. Little seconded the motion. Discussion: D. Little stated that he agreed that this was a serious issue and could end up costing the District a great deal of money. He thought picking up papers at the District would encourage informed candidacies. K. Nitz said this could make it harder for someone to run for office. C. Britton said he saw this as a big burden on staff and it has gotten more complicated over the years. Discussion followed regarding specific duties of staff if they took over the election from the County. Meeting 02-14 Page 10 Call theQuestion: M. Davey moved to call the question. J. Cyr seconded the motion. Vote: AYES: Davey, Cyr, Siemens, and Nitz NOES: Hassett and Hanko ABSTAIN: Little The call for question failed as a 2/3 vote is required. C. Britton talked about what staff would have to do. He said they did get involved in election legal issues in the past and thought is was best to rely on the Counties' expertise. S. Schectman described what the District had done in connection with elections in the past. She said the Board needs to clarify which services they want from the County. Call the Question: D. Little moved to call the question. N. Hanko seconded the motion. Vote: The call for question passed 5 to 2. AYES: Cyr, Siemens, Little, Hassett, Hanko NOES: Davey and Nitz N. Hanko stated that the minimum her amendment would ask is picking up the candidate nomination papers at the District. She would like them to be filed here as well. D. Little stated that the motion he seconded was to direct staff to do the minimum level of work required to ensure that candidates must pick up nomination papers at the District. This would include giving information and answering questions. Vote on Amendment: The amendment was approved 5-2 with Directors Nitz and Davey voting no. Motion: P. Siemens moved that the Board adopt Resolution No. 02- 20,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Elections Consolidated Services— Santa Clara County; adopt Resolution No. 02-21, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting Elections Consolidated Services—Santa Cruz County; adopt Resolution No. 02-22, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Requesting I Meeting 02-14 Page 11 Elections Consolidated Services—San Mateo County; reconfirm Section 2.12 of their Rules of Procedure regarding a maximum of 200 words per candidate statement and payment of candidates' statements in those wards where two or more candidates have qualified to appear on the ballot; and adopt Resolution No. 02-23, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidates for Election on the November 5, 2002 Ballots of San Mateo County, Santa Clara County, and Santa Cruz County. L. Hassett seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 6- Adopt the Attached Resolution Approving the Participation of District Volunteers in the California Joint Power's Insurance Authority's Self Insurance and Loss Pooling Program of Workers' Compensation Insurance and Rescind Resolution No. 02-04— (Report R-02-84). K. Nitz asked if this affected the volunteer form. C. Britton said no,this was a cleanup on switching to the JPIA to include volunteers. K. Nitz commented that in the future, it would be nice to have the resolution being rescinded included in the packet. Motion: K. Nitz moved that the Board adopt Resolution No. 02-24, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing Workers' Compensation Coverage for Certain District Volunteers Pursuant to the Provisions of Section 3363.5 and 3361.5 of the Labor Code. J. Cyr seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS M. Davey: 1. The VIP tour was well attended and well done by staff. 2. The Board of Supervisors had public hearing on trails on Stanford land. They decided to move ahead with doing an EIR on the trails proposed by staff. The EIR probably will not come until December 2003. C. Britton commented that staff will be watching the process of selecting the EIR consultant. S. Schectman said staff had received the first comment on the EIR from GGNRA and it was very positive. She recognized staff contributions from C. Woodbury and others. K. Nitz: 1. He talked about the item in the FYIs regarding referrals to the land protection specialist and said he would like report next time as to what is going on. 2. He referred to the pictures of the deck at the Tafoni Formation and the Meeting 02-14 Page 12 vandalism there. C. Britton said the damage has been repaired, and staff will have a ribbon cutting. N. Hanko: 1. She talked about the Marchi family tour regarding water issues on the coast and said it was a very informative meeting. She had received material from Mr. Sturgeon, another farmer in San Gregorio, stating his position on a number of issues. 2. She said the District tour on Skyline turned out to be helpful in that a LAFCo member, Ms. Richardson, attended. L. Hassett: 1. He congratulated staff regarding the tour. 2. He attended the Kings Mountain Board of Directors meeting and went through the EIR and draft service plan with them. J. Cyr: 1. He said the VIP tour was wonderful. 2. He commented on the trip to Monmouth County,New Jersey. He wanted the District to explore the possibility of designating trail difficulty as Monmouth County has been doing for ten years. P. Siemens: 1. He enjoyed the VIP tour. 2. He attended an event for Assemblyman Simitian. He discussed the District's situation with him and said he understands it and is working to help them out in regard to the budget. C. Britton: 1. The FYIs included official notice from the State regarding the award of the $50,000 grant for retrofitting Picchetti. 2. The revised Stanford letter is in the FYIs. 3. It was determined that no one received the invitation to the Friends of Liz Kniss event and he will let her know. He said it was important that at least one Board Member attend these events. 4. He had the invitation for the Committee for Green Foothills September 8 event. 5. The Hidden Villa event is September 28. 6. He mentioned that the JPIA did driver training for staff. 7. He followed up about Mr. Landr6. He has a long history with him and thought he was misinformed. 8. M. Freeman and he visited the field offices and talked about the EIR process and where we are with the coastal annexation. They will do another presentation after staff members have a chance to look over the material. He said they raised some good questions. 9. He passed around pictures taken at the Monmouth County forum. 10. He passed out copies of the patrol map book prepared by Tom Robinson, intern. S. Schectman: 1. The Coastal Ad Hoc Committee will meet tomorrow at noon. 2. The Womiaks have agreed to a temporary restraining order. N. Hanko referred to an article regarding sudden oak death. K. Nitz asked if we are closing areas where we know there is sudden oak death. S. Thielfoldt: 1. She appreciated the opportunity to go to the forum. 2. Last week a workers compensation specialist from the JPIA visited the District. 3. The JPIA met with staff regarding claims processing. She said they are getting a high level of service. Meeting 02-14 Page 13 J. Maciel: 1. He reported that they are interviewing four ranger candidates. 2. C. Roessler is following up on the sudden oak death article. The District has been an active member with the task force. 3. He had information regarding the Russian Ridge controlled bum scheduled for the week of July 16. S. Jensen: 1. September 14 is the date for the Coastal VIP tour, and October 5 is the volunteer recognition event at the red barn from 11:00 a.m. to 3:00 p.m. 2. They have prepared press releases regarding the Russian Ridge controlled bum and have a fact sheet for Board Members. In addition, there were press releases regarding opening of elections and announcement of the family fun programs. 3. There have been five volunteer enrichments that are being received very well. 4. Docent training ends this week, and there are 14 graduates. 5. Staff is keeping Mt. Umunhum appropriation effort alive. 6. She talked about attendance at the Monmouth forum. 7. Eve Dunkel had a baby girl. 8. She talked about the media packets regarding the EIR. She thought they had educated the reporters regarding the annexation. J. Escobar said they are working with IMBA to co-host a volunteer trail building event on July 20 at El Corte de Madera Open Space Preserve. M. Davey announced that Committee for Green Foothills had its first cycling extravaganza. D. Little: 1. He talked about the Monmouth County event, including his kayak dunking experience, and said the forum was a great learning experience. 2. He announced that he might be running for Mountain View City Council but had not made up his mind. 3. He introduced his fianc6e, Lynne Baker. X. ADJOURNMENT At 10:15 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Meeting 02-14 Page 13 Mt.Urnunhum appropriation effort alive. 6. She talked about attendance at the Monmouth forum. 7. Eve Dunkel had a baby girl. 8. She talked about the media packets regarding the EIR. She thought they had educated the reporters regarding the annexation. I Escobar said they are working with RVIBA to co-host a volunteer trail building event on July 20 at El Corte de Madera Open Space Preserve. M. Davey announced that Committee for Green Foothills had its first cycling extravaganza. D. Little: 1. He talked about the Monmouth County event, including his kayak dunking experience, and said the forum was a great learning experience. 2. He announced that he might be running for Mountain View City Council but had not made up his mind. 3. He introduced his fianc6e, Lynne Baker. X. ADJOURNMENT At 10:15 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-11 Meeting 02-14 June 26, 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3968 11,107.00 2M Associates San Mateo Coastal Annexation 3969 325.00 Aaron's Septic Tank Service Sanitation Services 3970 1,149.91 Acme&Sons Sanitation Sanitation Services 3971 527.29 Allied Auto Works Vehicle Service and Repairs 3972 172.41 AT&T Telephone Service 3973 331.65 AT&T Wireless Cellular Phones&Service 3974 3,162.00 Barg Coffin Lewis&Trapp Legal Services -Guadalupe Watershed 3975 333.23 Bicycle Outfitter Bicycle Tools& Parts 3976 150.00 Bowerman Electric Electrical Repairs-Skyline Rental 3977 426.60 Brian J. Hayman Property Damage Claim 3978 50.00 *1 California Society of Municipal Finance Officers Training&Seminar 3979 233.61 California Water Service Company Water Service 3980 30.06 Cascade Fire Equipment Company Field Supplies 3981 285.00 Cellotape Inc. Jr. Ranger Strickers 3982 36,204.77 Citation Press Printing- Annual Report&Trail Brochures 3983 3,038.10 *2 Copy Shop Copying/Binding-DEIR& FEIR 3984 21,493.59 Crystal Springs Painting Co., Inc. Red Barn Preparation and Painting 3985 135.34 Cupertino Bike Shop Bicycle Repair&Supplies 3986 601.68 Custom Alignment Vehicle Repairs 3987 90.10 Emergency Vehicle Systems Equipment Repairs 3988 308.54 Forestry Suppliers, Inc. Field Supplies 3989 292.02 Foster Brothers Keys&Locks 3990 19,598.55 Gilpin Geosciences, Inc. Consulting Services- Grading Restoration-FRO 3991 498.00 Green Waste Recovery, Inc. Garbage Service 3992 972.15 Guy Plumbing&Heating, Inc. Water Heater-Rental Unit-Property Management 3993 39.00 Half Moon Bay Review Annual Subscription 3994 380.00 *3 Half Moon Bay Review Advertisement- Public Hearing 3995 5,323.19 Hertz Equipment Rental Equipment Rental and Delivery Fee 3996 142.24 Honda Peninsula Field Supplies 3997 20.00 Institute For Local Self Government Farmland Protection Action Guide Publication 3998 1,926.00 Jacaby Engineering Consulting Services-El Corte de Madera 3999 13,949.53 Jacaby Engineering Consulting Services-Virginia Mill Project 4000 157.00 Jensen, Stephanie Reimbursement-Conference 4001 5,686.05 Kevin Emery Builder Property Management-Rental Repairs 4002 450.00 Killroy Pest Control, Inc. Pest Control 4003 195.09 Kinko's Printing Services 4004 305.33 Lab Safety Supply Field Supplies 4005 209.20 MCI Long Distance Telephone Service 4006 50.00 Merwin Mace Acquisition Consultant 4007 925.30 MetroMobile Communications Radio Repairs&Maintenance 4008 2,119.75 Milstone Geotechnical Consulting Services-Windy Hill 4009 120.00 National Glass Tractor Glass Repairs 4010 1,528.35 *4 Office Depot Office Supplies 4011 2,000,000.00 *** Old Republic Title Company Paulin Acquisition 4012 200.00 On-Site Health&Safety Training-Substance Abuse Awareness 4013 386.27 Overhead Door Repair- FRO Shop 4014 1,589.71 Pacific Bell Telephone Service 4015 4,826.26 Panko Architects Architectural Service- FRO Shop Facility 4016 63.87 Paterson, Loro Reimbursement-Uniform Expense Page 1 f Claims No. 02-11 Meeting 02-14 Jun e 26 2002 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4017 312.00 Peninsula Air Conditioning, Inc. HVAC Repair-Distel Circle-Acquisition Office 4018 760.33 Pine Cone Lumber Siding Material for Red Barn Repair 4019 1,253.87 PIP Printing Fact Sheet& Coloring Book Brochure 4020' 255.72 Pitney Bowes Credit Corporation Postage Machine Lease 4021 300.00 Portola Park Heights Property Owners' Assoc. 2002 Road Dues 4022 9.14 Precise Mailing Mailing-'02 Annual Report&Outdoor Activity 4023 2,067.00 *5 Precise Mailing Postage 4024 127.22 Pringle Tractor Company Tractor Repairs 4025 36.13 Rayne Water Conditioner-Rental Unit 4026 272.75 Redwood Trading Post Uniforms 4027 3,191.42 Rick Skierka Survey for Coastal Annexation 4028 113.27 Roberts Hardware Field Supplies&Equipment 4029 72.31 Roessler, Cindy Reimbursement-Mileage 4030 2,046.05 Roy's Repair Service Vehicle Repairs&Service 4031 77.00 Ruiz, Ana Reimbursement-Conference: Env. Permitting 4032 99.22 RV Cloud Plumbing Supplies 4033 40.58 San Jose Mercury News Subscription 4034 369.00 San Jose Water Company Water Service 4035 474.81 *6 Serendipity Land Yachts, LTD Rental Bus for Tour-San Mateo 4036 736.20 Shell Oil Fuel 4037 362.85 Sherwin Williams Paint&Supplies for Red Barn 4038 101.30 Sideman&Bancroft LLP Legal Services 4039 121.24 Silacci's Feed Barn, Inc. Trail Gates 4040 60.35 *7 Sonia's Deli Local Business Meeting Expense 4041 85.00 Speedy Auto&Window Glass Install Tractor Glass 4042 109.50 Statcomm, Inc. Trail Sign 4043 1,386.14 Tadco Supply Janitorial Supplies 4044 64.00 Terminix Pest Control 4045 256.18 Therma Corp. HVAC Repair 4046 130.30 Thielfoldt,Sally Reimbursement-Mileage 4047 45.59 Tony&Alba's Pizza Local Business Meeting Expense 4048 2,000.00 Weintraub, David District Book Authorship 4049 325.16 West Group Legal Books 4050 600.00 Wolfe, Roberta Recording Services 4051 315.00 Woods, Del Reimbursement-Quarterly Mileage Total 2,160,685.37 *1 Urgent Check Issued 6/14/02 *2 Urgent Check Issued 6/12/01 *3 Urgent Check Issued 6/18/00 *4 Urgent Check Issued 6/14/01 *5 Urgent Check Issued 6/19/02 *6 Urgent Check Issued 6/13/03 *7 Urgent Check Issued 6/17/04 *** In the event Agenda Item#1 is not approved, this claim will not be processed. Page 2 Regional Open Si ce I I -91 Meeting 02-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 24, 2002 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of County of Santa Clara (Hacienda P k Prop ) to the Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMEN IONS 1. Determine that the recommended actions as set out in this report are categorically exempt from the California Environmental Quality Act. 2. Adopt the attached resolution accepting the conveyance of the County of Santa Clara (Hacienda Park) property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space. DISCUSSION Over the years, the County of Santa Clara has been acquiring "paper" lots in the Hacienda Park Subdivision through the tax delinquency process. No other public agency lands were located in this area until the District acquired adjacent lands as part of the Mt. Umunhum area of the Sierra Azul Open Space Preserve. The County owns ninety percent of the lots in the subdivision, totaling approximately 139.7 acres out of the 185 acre subdivision. Because the subdivision is bordered by District land to the north, south, and west, the County has agreed to convey its property to the District, in order for it to become a permanent addition to the Sierra Azul Open Space Preserve. DESCRIPTION (see attached map) The Hacienda Park subdivision was filed in 1909, but never developed because of its steep and inaccessible terrain. Current District ownership in the subdivision totals approximately 6.31 acres. The District has acquired these "paper" lots through gifts in past years (see Reports R- 00-104 August 9, 2000; R-00-58, May 10 2000; and R-94-128, December 14, 1994). In addition, Peninsula Open Space Trust (POST) received a gift of 33.85 acres in this subdivision which includes most of the major drainages and springs which flow through the subdivision into Alamitos Creek. The District manages the POST property under a Board approved lease and property management agreement (see Report 02-10, May 22, 2002). The combined 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 #V;fl 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-02-91 Page 2 ownership of the County, POST, and the District properties total approximately 180 acres. The remaining lots in the subdivision are owned by approximately thirty private property owners. It is anticipated that roughly half of these remaining "paper" lots will become available through tax sale in the future. The Hacienda Park subdivision is located south of Twin Creeks in the Alamitos and Herbert Creek watersheds. The property includes the west facing upper hillsides of the Alamitos Creek watershed which are relatively undisturbed and pristine and are easily seen from Bald Mountain and Mt. Umunhum Road. The creek canyon and drainages are densely forested with Douglas firs and bay laurels giving way to the oak scrub and steep chaparral covered slopes of the upper hillsides. The property is bordered by District land to the north, south-west, and west, and by private property to the east and south-east. Views of Mt. Umunhum, Bald Mountain, and Almaden Reservoir are possible from selected locations in the subdivision. Elevations range from 900 feet near Alamitos Creek to a high point of 2,173 feet along the ridgeline on the eastern boundary. An existing fire road along the eastern boundary could provide a valuable trail in the future. The property is a desirable addition to the Preserve because it protects valuable scenic, wildlife, and watershed resources. USE AND MANAGEMENT PLAN Planning Considerations These properties are located in an unincorporated area of Santa Clara County near the southerly extent of the District Sphere of Influence. Adjacent property is rated as having moderate to high composite open space value in the District's Open Space Master Plan. The District's Regional Open Space Study shows a regional trail corridor running from north to south through this "paper" subdivision. These properties are important in terms of protection of the viewshed, wildlife, and watershed resources and potential low-intensity outdoor recreation. The District will assume ownership responsibility for the Hacienda Park parcels being conveyed from Santa Clara County. Phase I Environmental Site Assessment Locus Technologies conducted a Phase I Environmental Site Assessment during September 2001. The purpose of Phase I assessments is to identify the presence, or likely presence, of any hazardous substances or petroleum products under conditions indicating existing release, past release, or threat of release into the ground, groundwater, or surface of the property. The process includes site inspections, review of public records, and interviews with persons familiar with the site. Michael Cox, a geologist having a high level of expertise and knowledge of mining activities in and around Almaden Quicksilver County Park, provided a detailed mining assessment to Locus Technologies. The results of the investigation indicated that there are no signs of a current release or potential threat of release of hazardous materials or waste on the property. A search of the databases of the United States Environmental Protection Agency (EPA) and California Environmental R-02-91 Page 3 Protection Agency indicated that there are no identified or likely-hazardous waste materials on or near the property. A review of historic aerials and topographic maps did not depict conditions or the presence of structures or facilities that would suggest the presence of any potential hazardous materials. The Regional Water Quality Water Board and Santa Clara Valley Water District confirmed that there were no records of contaminated water on site. According to the 2001 Michael Cox Report, confirmed by Locus Technologies, there are no signs of mercury mining activities on or near the property. Preliminary Use and Management Plan Recommendations Name: Name the properties as additions to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Improvements: Install gate along northern boundary at fire road. Public Safety Review: There are no known hazards. Site Emphasis Designation: Conservation Management Unit (CMU); limited public access at this time. Dedication: Indicate your intention to dedicate the properties as public open space at this time. CEOA DETERMINATION Project Description The project consists of the conveyance of approximately 139.7 acres of property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. The conveyance document will include provisions to preserve the property in a natural condition as open space with low- intensity recreation potential. It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 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. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open R-02-91 Page 4 space. This acquisition qualifies under all 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 Although the Hacienda Park Property being conveyed to the District by the County of Santa Clara is cost free, the deed will include provisions for the property to be maintained in a natural condition to provide for future open space and public low-intensity recreation. The deed also requires that the District submit any future improvement plans to the County for review and including a reversionary clause in the unlikely event the District discontinues public open space and low intensity recreation use of the property. The conveyance agreement requires the District to dedicate the property for public open space purposes. When all, or nearly all, of the lots in this subdivision are acquired by the District, this property and the rest of the subdivision will be dedicated. The District will most likely obtain a policy of title insurance for this transaction. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property and within the Hacienda Park "paper" subdivision have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Map prepared by: Ruthie Harari-Kremer, Planning Technician Contact person: Michael C. Williams, Real Property Representative RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR CONVEYANCE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE QUITCLAIM DEED WITH OPEN SPACE RESTRICTIONS AND CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF COUNTY OF SANTA CLARA) 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 Agreement Between the County of Santa Clara 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 officer 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 the Quitclaim with Open Space Restrictions on behalf of the District and a Certificate of Acceptance for said Quitclaim Deed conveying title of the property to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the County of Santa Clara. 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, 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. i i County of Santa Clara and Hacienda Park Parcels Sierra Azul Open Space Preserve ,soa °- a Bald Mountain 2W n Sie a i4zul 80 ---Open,Space Pre ry 0 J o i HACIENDA PARK h_ SANTA CLARA COUNTY Approx. 139.7 Acres b b r° Gfe K - � o Ea I W ❑` N 0 a o POST(McKannay) o Approx.33.85 Acres 0 +� o R fl is �\ 1800 LL Z200 Exhibit A Miles 0 0.050.1 0.2 0.3 0.4 Regional Open Si ce R-02-94 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-15 July 24, 2002 AGENDA ITEM 2 AGENDA ITEM Consideration of Adoption of Board Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Se ices and Supplies GENERAL MANAGER'S RECOMMENDATI ON Adopt the attached Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy. DISCUSSION In April, 2002, the Governor signed AB 953, a bill sponsored by the District and carried by Assemblyman Joe Simitian to expedite District public works and services contracting. As urgency legislation, AB 953 became law upon signing. The bill was approved by the Board's Legislative, Finance and Public Affairs Committee as well as the full Board as part of the District's Legislative Program. (See Report R-01-04, January 10, 2001.) The bill amended Section 5549 of the Public Resources Code to increase the dollar amount of contracts which can be awarded by the General Manager from $10,000 to $25,000. This amendment enables the District to expedite its contracting since such contracts can be awarded without formal published newspaper notice, a process that can delay needed projects and services. Subject to Board approval, the District General Manager now has the same spending authority as is held by the General Manager of the East Bay Regional Parks District and as included in the Sonoma County Agricultural Preservation and Open Space District. The Assembly Bill analysis noted that the need for this legislation was also due to the increase in the cost of public works projects over the many years since this section was last amended. As a result of the enactment of AB 953, as well as numerous other amendments to public contracting laws that have occurred, it is necessary to update the District's current purchasing procedures (policy) which were adopted in 1991. The attached Policy implements AB 953 amendments and updates and revises the District's current policies to reflect current economic realities and public contracting requirements. OVERVIEW OF PROPOSED POLICY Purpose The purpose of the Policy is to insure that the District obtains quality services, supplies, material, and labor at the lowest possible cost and that there are uniform procurement procedures for District staff to follow. The General Manager will issue a more detailed Administrative 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org O EE Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton R-02-93 Page 2 Purchasing Policy in order for staff to implement the Board's Policy. This will include more administrative details, such as proper documentation of purchasing, proper use of purchase order forms, and the like. Section, L Purchasing Authority This Section describes the three levels of purchasing authority depending on the cost of the project or contract. All contracts exceeding $25,000 require Board approval. The General Manager may approve contracts which do not exceed that amount. The General Manager may delegate approval to the Assistant General Manager for purchases not exceeding$15,000;to Department Managers for amounts not exceeding $10,000; to Area Superintendents for amounts not exceeding$5,000; and to specific staff positions,upon the recommendation of Department Managers, for amounts not exceeding $2,500. The following table compares the proposed purchasing limits to the limits in the 1991 Policy: PROPOSED POLICY: 1991 POLICY: General Manager ......................$25,IM $10000 Assistant General Manager.......... $152000 Not applicable Department Mara ................ $102 000 $10,000 Area Superintendents.................. $5,000 $52000 Miscellaneous Staff Positions......... $2,500 $22500 Section Leaders [obsolete!Lnjn $5,000 Section 2. Solicitation of Bids The purpose of this Section is to provide the appropriate, properly documented procedures to insure that the District obtains competitive bids on its projects. Contracts exceeding$25,000 require formal bidding procedures following published newspaper notice. Contracts not exceeding $25,000 still require competitive bidding, but the formality of the bidding corresponds more directly to the amount of the contract. For example, contracts exceeding$10,000 require written proposals from a minimum of three vendors, while contracts under$1,000 require less formal documentation of competitive quotes. The Administrative Policy will specify the procedures for the solicitation and documentation of bids to insure that a competitive process is followed and that the lowest responsible bids are selected. section 3. Eunt-im tQ Standard Purchasing Procedures This Section lists the generally recognized exceptions to public contract bidding procedures: emergencies, sole source materials, purchases made through participating in the joint cooperative purchasing and bidding processes of other government agencies, and the selection of professional services. Section 3 (D) establishes the procedures for the selection of professional consultants who do not fall within the"lowest bid" category. Cost is an important factor in consultant selection,but the lowest bidder may lack the professional qualifications or expertise to complete the task required. R-02-93 Page 3 Therefore, state law provides that,while cost is an important factor, agencies may select consultants on the basis of competence and expertise as well. This Section describes the selection procedure for District consultants to insure that proposals are sought from more than one consultant(typically a minimum of three) and that appropriate selection criteria are used. As in the case of public works contracting, the degree of formality of the bidding corresponds to the amount of the contract involved. This Section also provides that annual supply or service contracts be competitively bid or that an equivalent price comparison be conducted and documented each fiscal year. Section 4. General Provisions This Section includes appropriate related policies. Employees or District officials are prohibited from a financial interest in District contracts. The Section authorizes the General Manager to permit purchasing by credit card within the employee's purchasing authority. Purchases of recycled products of equal cost and quality are preferred. The Section also provides that employees are subject to discipline for violation of the Policy. QQN=S Adoption of the attached Policy will insure that District purchasing is conducted in accordance with existing law,will set out clearer policies for staff to follow in purchasing, and will implement the AB 953 amendment. Staff believes this Policy will also enable District employees to accomplish purchasing tasks more efficiently. The adoption of an Administrative Policy setting out the required documentation and accounting procedures will also assist in these goals. Prepared by: Susan Schectman, General Counsel Contact persons: Susan Schectman, General Counsel Sally Thielfoldt, Administration and Human Resources Manager Altwhm 1. Proposed"Public Contract Bidding, Vendor and Consultant Selection and Purchasing Policy- 2. 1991 Administrative Policy for"Bidding, Vendor Selection, and Purchasing Procedures MIDPENIlVSULA REGIONAL OPEN SPACE RLEMM PUBLIC CONTRACT BIDDING,VENDOR AND PROFESSIONAL CONSULTANT SELECTION,AND PURCHASING POLICY Eu_122se Slatemen The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy,the term "purchasinS7 refers collectively to contracting or procurement of services,, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of$25,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Twenty-Five Thousand Dollars($25,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market,or to construct a building, structurey or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager, or in the General Manager's absence, the Assistant General Manager, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sip all such contracts and affix the seal of the District. B. General Manager Approval for Purchases Not Exceeding$25,000 Pursuant to Public Resources Code 5549,the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not exceeding$25,000. Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board's Claims List. POLICY: Public Contract Bidaing L Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure,which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. C. General Manager Delegated Approval for Purchases Not Exceeding$15,000 1. The Assistant General Manager may be authorized., in writing, by the General Manager to approve purchases not to exceed $15,000, and when acting as the General Manager, in his/her absence, may be delegated the General Manager's authority of$25,000. 2. The Department Managers may be authorized, in writing, by the General Manager, to approve purchases relating to his/her area of responsibility not to exceed $10,000. 3. Area Superintendents may be authorized, in writing,by the General Manager to approve purchases not to exceed $5,000. 4. Upon approval of the General Manager, the Department Manager may authorize, in writing, specific staff positions to make purchases within his/her area of responsibility, which do not exceed $2,500. D. Construction Change Orders Staff may issue change orders to a construction contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent(15%)of the original contract price, and does not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. iL SOLICTTATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding$25,000 When any expenditure is expected to exceed $25,000, the District shall publish a notice inviting bids a minimum of one week prior to the time of receiving bids, in a general circulation newspaper published in the District. This type of formal bidding process typically includes the issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the vendors involved. Solicitation of formal bids from a minimum of three vendors is required. Following Board approval, the contract shall then be executed by the General Manager(or the Assistant General Manager when acting as the General Manager in his/her absence,), unless the Board President's signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. Page 2 l i I II ;; I! i POLICY: Public Contract Bidding B. Solicitation of Three Written Bids for Expenditures Exceeding$10,000 but Not Exceeding$25,000 When any expenditure is expected to exceed $10,000, but not exceed $25,000,the District shall solicit written proposals from a minimum of three(3)vendors. The General Manager's or Assistant General Manager's approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Verbal Quotes for Expenditures Exceeding$1,000 but Not Exceeding$10,000 When any expenditure is are expected to ex $1,000, but not exceed $10,000,the staff member responsible for the purchase is to solicit a minimum of three(3)verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Expenditures Not Exceeding$1,000 Staff members shall obtain competitive cost information, whenever reasonably feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $1,000 or less. This information shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. III EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to,threatened damage to natural resources. In the case of an emergency requiring an immediate purchase, the General Manager may authorize the Assistant General Manager or Department Manager or histher designee:to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Occasionally, necessary supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be Page 3 POLICY: Public Contract Bidding documented in writing and approved, in advance, by the Board for purchases exceeding$25,000, and the General Manager or another authorized District employee, as designated in this Policy, for purchases not exceeding$25,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g. the State of California, Santa Clara County or San Mateo County),to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager, or Assistant General Manager in his/her absence, may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding$25,000 The formal competitive bidding procedures of Section H.A. for purchases exceeding$25,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. 2. Purchases Not Exceeding$25,000 The bidding procedures of Section 11. B. for purchases not exceeding$25,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or his/her authorized designee is required prior to purchase. D. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the"low bid" competitive bidding process. State law requires that selection of professional consultants be on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall not be split into smaller units, nor shall contract amendments be used, for the purpose of circumvention of this Policy. As used in this Policy,"professional service agreement" shall mean and include all professional service agreements, which are part of or related to the same projector program for which the consultant is being retained, and annual service agreements to provide services on an ongoing basis in any fiscal year. This policy shall include, but not be limited to, services in the following fields: Engineering(for example, civil, acoustical, mechanical, electrical, structural, and traffic) Architecture Landscape Architecture City and Regional Planning Economic Analysis Property Appraisals/Analysis Page 4 POLICY: Public Contract Bidding Property Acquisition Financial Services Data Processing Services Project.Management Environmental Planning and Analysis Land Surveying Legal Services Personnel Consultants/Facilitators/Coaches Recruitment Services Safety Services Trainers Vehicle Repair 1. Selection Procedures for Professional Services in Excess of$25,000 When the cost for professional services is expected to be in excess of$25,000,the District shall prepare a Request for Qualifications(RFQ)outlining the professional's qualifications, relevant experience, ftffing and support and hourly rates as a basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. A minimum of three(3)qualified firms or individuals shall be invited to submit proposals. District staff will review the proposals received,will select the most qualified firms for interviews, and will rank the consultants based upon the following criteria: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. H. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. iv. Reasonableness of the fee requested to do the work, comparability of fee to similar services offered by other qualified consultants. V. Demonstrated record of success by the consultant on work previously Formed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. 2. Selection Procedures for Professional Services in Excess of$10,000 but Not Exceeding$25,000 District staff shall solicit written proposals from a minimum of three(3)qualified consultants. A formal RFP/RFQ is not required. The selection shall be based upon the criteria noted in Section III.D.1. The General Manager or his/her authorized designee may approve the selection and execute the agreement. Page 5 POLICY: Public Contract Bin%..,ig 3. Selection Procedures for Professional Services in Excess of$2,500 but Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone or letter, contact at least three(3) qualified consultants and request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section III. D.1. The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. 4. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not ex $25,000,the General Manager or his/her authorized designee may execute the agreement. If the total amount exceeds$25,000,the request must be approved by the Board. 5. Conflict of Law These procedures are not applicable where superseded by local, state or federal law,where the terms of grant funding provide for the use of other consultant selection procedures,or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. 6. Special Circumstances These procedures are not applicable when three(3)qualified firms or individuals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances of the project at issue, to limit the number of consultants solicited. The basis for such action shall be documented in writing and approved by the General Manager or the Assistant General Manager in his/her absence. When Board approval is required,the documented basis for such action shall be included in the report to the Board. E. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section II, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be done, a comparison Page 6 POLICY: Public Contract Bidding of vendors' prices on representative sample items will be made and staff will provide written documentation of the price quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be let only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District's needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District's sole discretion. IV GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any purchase, contract, sale, or transaction to which the District is a party and which comes before said official or employee for recommendation or action. Any purchase, contract, sale, or bwisaction in which any employee or official is or becomes financially interested shall become void at the election of the District.No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. The employee utilizing a credit card cannot exceed his/her purchasing authority, as authorizes)in this Policy, and must follow the credit card procedures outlined in the Administrative Purchasing Policy/Procedure. C. Purchase of Recycled Products District staff shall purchase recycled products whenever such products are available at equal cost to non-recycled products and when fitness and quality are equal. When recycled products are used, the supplier shall label the products to indicate that they contain recycled materials, and specify the minimum percentage of recycled material in the products. D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. I Page"7 I AP-91-1 Supersedes Administrative Policy AP-87-1 ADMINISTRATIVE POLICY November 7 , 1991 TO: Staff FROM: H. Grench, General Manager APPROVED BY: M. Foster Controller SUBJECT: Bidding, Vendor Selection, and Purchasing Procedures Purpose: The purpose of the bidding, vendor selection, and purchasing procedures is to provide a sound and controlled method by which staff can procure materials, supplies, and services for the District. Staff ' s conformance to these guidelines will ensure that District purchases are made in accordance with State law and Board policy and that a responsible vendor or contractor offering the lowest price is selected to provide various services and supplies to the District. In addition, through proper documentation, conformance to these guidelines will enable the District' s constituents to know that their public funds are being spent responsibly, and potential vendors to know that they are being treated equitably. Capital Improvements. or Purchase of Supplies and Material Costing More Than $10 , 000 - If a contract for furnishing supplies, materials, labor, or other valuable consideration furnished the District will exceed ten thousand dollars ($10, 000) , approval from the Board of Directors is required prior to going out to public bid for the contract. The contract shall be let to the lowest responsible bidder by the Board of Directors, after notice inviting bids is published in a newspaper in the District at least one week before the time of receiving bids. All purchases (not limited to the above types) in excess of $10, 000 must be authorized in advance by the Board of Directors. This $10, 000 figure refers to the total price of an order, which may include more than one item. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel . 2 . Solicitation of Formal Bids for Expenditures More Than $10 , 000 - When any expenditure (not limited to those types listed in Paragraph 1, but not including professional services) is expected to exceed $10, 000, it is District policy to solicit formal bids from a minimum of three vendors within Santa Clara and/or San Mateo Counties. This type of formal bidding process includes the issuance of written specifications describing the goods or non-professional services to be provided and the receipt of written bids from the vendors involved. The $10, 000 figure refers to the total price of an order, which may include more than one item. If staff is unable to secure a minimum of three bids from vendors within Santa Clara and/or San Mateo Counties, or if quotations seem high, formal bids must be sought from vendors in outside counties in AP-91-01 Page 2 order to obtain a total of at least three. This requirement to seek bids outside Santa Clara and/or San Mateo Counties may be waived by the Board of Directors or General Manager, depending on circumstancef involved. 3a . Expenditures More than $1000 But Less Than $10, 000 - When goods or non-professional services are expected to cost more than $1000 (excluding sales tax) but less than $10, 000, the staff member initiating the purchase is to determine the price for which these goods or services are offered from a minimum of two vendors if the goods or non-professional services are expected to cost less than $2 , 500 . If the goods or non-professional services are expected to cost $2 , 500 or more, the staff member is to determine the price for which these goods or non-professional services are offered from a minimum of three different vendors. The name of each vendor, quoted price (s) and other information associated with the order are to be recorded on the combined Purchase Order/Purchase Authorization Form. Orders are to be placed in accordance with Paragraph 6 below. If more than one item isincluded in a single order or bid, the $1000 lower limit applies to the total cost of the items or services to be procured. If there is less than the specified number of vendors within Santa Clara and/or San Mateo Counties that can provide the goods and services required or if quotations seem high, staff is to contact vendors in outside counties in order to obtain the specified number of minimum bids required. This requirement to seek bids outside Santa Clara and San Mateo Counties may be waived by the General Manager wh(.'-", ,-" adequate justification is given. All staff members are strongly urged to obtain competitive cost information for any District purchase even though competitive cost quotations are not required for goods or non-professional services expected to cost less than $1000 . Competitive cost information for items at the higher end of the $500-$999 . 99 purchase category and for items where standard costs are not known is particularly encouraged. 3b. Ouotations for Repetitive Services and Supply Purchase More Than $1000 But Less Than $10 , 000 - Quotations for repetitive services and supply purchases (i.e. , similar services or supplies to be provided at different times during the year under separate orders by the same vendor) are required to be solicited annually. If a staff member anticipates that the District will procure more than $1000 but less than $2 , 500 worth of services or supplies from a given vendor during a fiscal year, two vendors are to be solicited for price quotations. If more than $2 , 500 but less than $10, 000 worth of services or supplies from a given vendor are anticipated to be expended during a fiscal year, three vendors are to be solicited for price quotations. If more than $10, 000 worth of services or supplies are anticipated to be expended with a single vendor during a fiscal year, the planned expenditures must be approved in advance by the General Manager. Examples of repetitive services include, but are not limited to printing, road grading, discing, and various maintenance contract services. Staff members are to check with the Administrative Services Manager if they are not certain if a particular service qualifies as a repetitive service. When supplied, such as office supplies or field AP-91-01 Page 3 hardware are expected to be purchased several times during the year from the same vendor, annual documented price checks on sample items will suffice. The General Manager may allow, on a case by case basis, quotations for repetitive services and supply purchases to cover a two-year period. Program Leaders are to request in writing permission for quotations to cover the extended period, noting the reasons the extended period should be considered appropriate for a specific repetitive service or supply purchase. . 4 . Interagency Agreements and Professional Services (a) Interagency/Cooperative Agreements (1) Purchase More than $10 , 000 The formal competitive bidding procedures of Paragraph 2 for purchases greater than $10, 000 are not required when the District has entered into a cooperative agreement with another public agency (e.g. , the State of California, Santa Clara County or San Mateo County) to purchase goods or services at a price established by that agency through a bidding process . (2) Purchases More Than $1000 But Less Than $10 , 000 Staff members are not required to check the prices of more than one vendor per paragraph 3 (a) when the District has entered into a cooperative agreement with another public agency to purchase the goods or services at a price negotiated by that agency. (b) Professional Services Professional Services are exempt from the bidding and vendor selection procedures outlined in Paragraphs 1, 2 , and 3 above. Unless the vendor is under an annual contract, the professional services of a single vendor may not be ordered more than four times in succession without the District establishing the price at which at least two other acceptable vendors would provide a comparable service. If another vendor offers the same professional services at a lower price, the staff member authorizing the order must either order the services from the vendor offering them at the lowest price or explain in writing on the Purchase Authorization Form wh another vendor has been selected. Except when the General Manager has determined that another service is a "professional" service, professional services are limited to planners, engineers, appraisers, surveyors, photographers, graphic artists, professional consultants, auditors, lawyers, and investment bankers . A Purchase Order/Purchase Authorization Form is to be completed for all professional services including professional services for which a written contract or agreement is executed. The Purchase Order does not need to be sent to the vendor if there is a written contact detailing service fees on file. Staff members are encouraged to use a formalized Request For Proposal procedure when seeking quotations for a professional service. 5 . In an emergency situation, the General Manager may waive the .P_91_01 Page 4 requirements of Paragraph 3 , and the Board of Directors may waive the requirements of Paragraph 2 except for the types of items listed in Paragraph 1. 5 . Total Purchases Over $500 (a) Prior to placement of an order or an actual purchase, a combined Purchase Order/Purchase Authorization Form is to be completed by the appropriate staff person and issued to the vendor. This section applies to any total purchase over $500, except when: (1) The purchase involves acquisition of land and requires authorization by the Board of Directors . (2) A District-approved credit card or charge account is used, and materials are selected and picked up in person. (3) The purchase has been authorized on the Board-approved annual claims list. (b) The Purchase Authorization portion of the Form is to be completed and approved prior to order placement via issuance of a Purchase Order for all purchases over $500, except under the following circumstances: (1) When a gasoline credit card is used. However, the receipt from the purchase must be turned in to the Accounting Specialist. (2) When the purchase will be itemized on an Expense Report. (c) After the goods or services have been received, the staff person who initiated the Purchase order is responsible for authorizing payment as long as the total price does not exceed the total shown on the Purchase order. (1) If the total due for goods and services exceed the total shown on the Purchase Order by 50 or more, the requestor must obtain appropriate approval signatures and explain in writing the reason for the overrun prior to submitting the claim for approval to appear on the claims list. (2) OVERRUNS ON BOARD-APPROVED AMOUNTS WILL NOT BE AUTHORIZED WITHOUT SPECIFIC AUTHORIZATION FROM THE BOARD OF DIRECTORS. (3) If payments are to be made on the installment basis, the requestor is to complete the Installment Payment Authorization Form for Purchase order. 7 . Purchases Less Than $500 Staff person shall: (a) Complete a Purchase and Payment Authorization Form. (b) obtain appropriate approval signatures. (c) Provide the Accounting Specialist with all appropriate documentation, including receipts, relating to the purchase. A Purchase Order is not required although it may be necessary for some AP-91-01 Page 5 vendors or useful fron the District ' s point of view to document the order. 8 . Staff Purchase Authorization (a) $5 , 000 - $10 , 000 Program leaders nay authorize purchases not to exceed $10, 000. (b) $2 , 500 - $4 , 999 . 99 Section leaders may authorize purchases -- for their programs only -- not 'to exceed $4 , 999 . 99 (c) $0 - $2 , 499 . 99 Section leaders may delegate to specific members of their staff the authority to make purchases for their respective programs up to $2 , 499 . 99 without the specific approval of the section or program leader. Section and program leaders shall inform the Administrative Services Manager in writing of the specific staff member authorized to make purchases, and the staff person ' s purchase authorization limit. A copy of this information shall also be given to the Accounting Specialist. ALL PURCHASES MUST BE CHARGED TO A SPECIFIC PROGRAM. AND TO A SPECIFIC ACCOUNT BY AN AUTHORIZED STAFF MEMBER OF THAT PARTICULAR PROGRAM. All completed Purchase order/Purchase Authorization Forms are to be turned in to the Accounting Specialist. Buyers will also provide the Accounting Specialist with properly coded receipts/invoices for purchases made with a Purchase Authorization form, such as monthly telephone or utility payments. Once an invoice is received for a purchase, the Accounting Specialist will match the invoice to the appropriate riate Purchase r pp p ha Order/Purchase Authorization Form and forward the material to the h aPProPriate staff person who initiated the purchase for payment authorization prior to placing the item on a Claims List. All Purchase Order/Purchase Authorization Forms and associated documentation for purchase shall be filed in the central purchasing file. 10. Program leaders shall request in writing the Administrative services Manager ' s approval to establish a charge account or to apply for a credit card for District purposes . A list of all designated credit cards and charge accounts currently approved by the Administrative Services Manager for District use by designated employees shall be kept on file by the Accounting Specialist. i 11. (a) No employee shall be financially interested, directly or indirectly in any contract, sale, or transaction to which the ' District is a party and which comes before said employee or before the respective Program or Section Leader with which the employee is connected for official action. (b) Any contract, sale, or transaction in which any employee is or becomes financially interested shall become void at the election of the District. -.P-91-01 Page 6 (c) No employee shall realize any personal gain from any contract, sale, or transaction involving the District. 12 . Employees are subject to disciplinary action or may even be held personally financially responsible for purchases made without following the procedures herein. Regional Open S, ce 1 R-02-92 Meeting 02-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 24, 2002 AGENDA ITEM 3 AGENDA ITEM Authorization to Amend the Agreement with Freyer& Ladreta,Inc...to Provide Consulting Services for Implementation of Public Access Improvements at Lo er Windy ll Open Space Preserve and Authorization to Solicit Bids for Construction of these Public Access I prov GENERAL MANAGER'S RECOMMEND NS 1. Determine that the recommended actions for the second Spring Ridge Trail re-route are exempt from the California Environmental Quality Act(CEQA)as set out in this report. 2. Authorize the General Manager to amend the agreement with Freyer& Laureta, Inc. to provide consultant services for implementation of the Spring Ridge Trail re-route and Sausal Pond observation area at lower Windy Hill Open Space Preserve for an additional sum not to exceed $4,000. 3. Authorize staff to solicit bids for construction of the Spring Ridge Trail re-route and the Sausal Pond observation area at lower Windy Hill Open Space Preserve. BACKGROUND Following the construction of the Kabcenell bridge and driveway at Windy Hill Open Space Preserve in early 2001, the Use and Management Committee convened to review the trail system for the lower area of the preserve. The Committee's review focused on the need to address driveway-related trail-use access issues, the need for trail realignments, new trail construction, and added resource protection measures. At your meeting on September 12, 2001, you approved the Committee's recommendations for a Use and Management Plan Amendment for the preserve, which includes the realignment of lower Spring Ridge Trail to convert the trail to an all-weather route that avoids a seasonally wet area, a small sag pond, a steep climbing turn, and the designation of an observation area at Sausal Pond(see Report R-0I-105). At your meeting on March 13, 2002, you authorized the General Manager to execute a contract with Freyer& Laureta, Inc. to provide consulting services in an amount not to exceed $47,132.75 to implement various public access improvement projects at Windy Hill Open Space Preserve (see Report R-02-41 and attached map). Engineering studies for the new re-route and alternate,multiple-use Ridge Trail alignment, and preliminary design options for the observation area are currently in process. Recently, during the development of preliminary plans for the lower Spring Ridge Trail re-route, staff identified a highly desirable,possible second realignment located immediately above the current realignment, which would further address the drainage and steepness problems associated with the lower stretch of Spring Ridge Trail. The second realignment would be minor in scope, require no change in trail use, and could be designed to follow the general topography, avoid impacts to the natural resources, and realigned to lead trail users to the same current trail locations. Since the second proposed realignment is minor in nature, a formal Use and Management Plan Amendment is not required. However, further engineering studies, including a topographical survey and geotechnical studies, are necessary to design the exact alignment. DISCUSSION Since Freyer& Laureta, Inc. is now in the process of designing the construction plans for the lower Spring Ridge Trail re-route, staff feels that it is timely to add the second realignment to the current scope of work. By 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org ftnfl B:E'E$' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz • Genera!Manager: L.Craig Britton R-02-92 Page 2 completing the two realignment projects concurrently, staff expects that the costs for permits and construction mobilization will be significantly less than if the projects were completed as separate phases. Moreover, constructing both realignments at the same time would mean disrupting and inconveniencing the public only once instead of twice. Staff recommends that you authorize the General Manager to amend the consultant services agreement with Freyer&Laureta,Inc. for an additional amount not to exceed$4,000. Staff anticipates that the additional consulting services requested for the second re-route would require no more than$7,000. This additional consultant expense can be funded using the contingency amount that was allocated as part of the original contract with Freyer&Laureta,Inc. This contingency amount allows for additional unanticipated expenses up to$7,942. If you choose to authorize the General Manager to amend the consultant agreement with Freyer and Laureta,Inc., approximately$4,952 would remain as a future contingency amount to account for any other unanticipated expense that may arise prior to construction of the project(refer to table below for the actual breakdown). ITEM Amount Original Contract Agreement with Freyer&Laureta,Inc. $39,180 Board-Approved Authorization with Contingency $47,132 Currently Approved Contingency Amount for $7,952 = ($47,132-$39,180) Freyer&Laureta,Inc. Anticipated Consultant Expense for Second $7,000 Re-route of Lower Spring Ridge Trail Balance After Completion of the Second Re-route Using $952 =($7,952- $7,000) Currently Allocated Contingency Request for Authorization to Amend Consultant Contract $4,000 with Freyer&Laureta,Inc.to a"Not to Exceed"Amount Contingency Amount Expected to be Available for Any $4,952 Other Unanticipated Expense Prior to Construction =($4,000+ $952) The budget for fiscal year 2002-2003 includes an approved total budget of$93,600 for all anticipated costs, including consultants' services,to complete public access improvement projects at Windy Hill Open Space Preserve. To date, $7,965 of this budget has been expended,leaving a balance of$85,635 for these projects. Construction plans for the lower Spring Ridge Trail re-route and the Sausal Pond observation area are expected to be finalized by late summer, with permits to follow soon after. Given the great momentum of these public access improvement projects,construction for the road re-route and observation area may begin in early fall. Staff also recommends that you authorize staff to solicit bids for construction of the Spring Ridge Trail re-routes and the Sausal Pond observation area. The Skyline field crew possesses the capability,and may have the availability, to construct the Sausal Pond observation area. However, in the event that other field projects become unanticipated priorities,construction of the observation area may then need to be contracted out. Staff, therefore,requests authorization to solicit bids for construction of the observation area in the event that the Skyline field crew is unable to allocate time for this project. If the project is bid, staff will return to the Board for an authorization to award the contract, as is standard practice. CAA COMPLIANCE At your July 25, 2001 meeting,you approved a Mitigated Negative Declaration and Mitigation Monitoring Plan and found that the 2001 Use and Management Plan Amendment for Windy Hill Open Space Preserve avoids �' I R-02-92 Page 3 significant environmental effects or mitigates any potential negative effects to less than significant levels, as required by the California Environmental Quality Act(CEQA)(see Report R-01-88). The project anticipated under this amendment included the implementation of the lower Spring Ridge Trail re-route and Sausal Pond observation area. On July 26, 2001, staff filed a Notice of Determination with the San Mateo County Clerk reiterating these findings. Therefore CEQA compliance is complete for this project. With regard to the construction of the second Spring Ridge Trail realignment,which was not anticipated as part of the initial study, staff concludes that the amendment to the consultant agreement for the engineering design of the second re-route of Spring Ridge Trail is categorically exempt under Section 15301 of CEQA. Section 15301 categorical exemptions consists of minor alterations of existing public or private structures, facilities,mechanical equipment, or topographical features,involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Prepared by: Ana Ruiz,Open Space Planner Contact person: Same as above I Regional Open S ce R-02-93 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-15 July 24, 2002 AGENDA ITEM 4 AGENDA ITEM Ratify Expenditure and Approve Authorization to Purchase-Additional Computer Equipment GENERAL MANAGER'S RECOMMENDATIONS 1. Ratify expenditures to Dell Computers in the amount of$16,533.30 for purchase of computer equipment for all departments of the District. 2. Authorize the General Manager to purchase additional computer equipment from Dell Computers for an amount not to exceed $8,000, for a total expenditure of$24,533.30. DISCUSSION At your March 27, 2002 Board meeting, you approved the 2002-2003 budget which included $54,910 in fixed assets-office equipment (see Report R-02-47). A substantial amount of that total was for the replacement of computer equipment as well as purchase of some new equipment, incuding a District graphics work station. A priority list was established for replacement of the older computers based upon the most urgent need. The District's Network Specialist began purchasing new computers, two to three at a time, because the District cannot store large numbers of computers/equipment (not enough room and security issues), nor can he physically install them all at once. With each group of computers purchased, the Network Specialist searched for the best price for the specific hardware components needed. In addition, he assessed the vendor's ability to provide the technical support needed for the equipment. In doing so, he has made a total of$16,533.30 in purchases from one vendor, Dell Computers. While none of the individual purchases exceeded the $10,000 maximum authorization of the General Manager, the aggregate did. In addition, it is expected that additional computer equipment may need to be purchased from Dell Computers, and if Dell continues to provide lowest price with the highest level of customer service, additional purchasing authorization will be needed. The anticipated amount is $8,000 which would bring the total amount paid to Dell to $24,533.30. Prepared by: Sally Thielfoldt, Administration and Human Resources Manager Lisa Zadek, Senior Administrative Assistant/Office 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 Amal O:-Eg' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton t Regional Open S� ce 1 ✓� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-96 Meeting 02-15 July 24, 2002 AGENDA ITEM 5 AGENDA ITEM Ratify Expenditure of$13,902 for Road Grading Servic s GENERAL MANAGER'S RECOMMENDA \ Ratify expenditure in the amount of$13,902.00 to Gary Marciel Excavating for road grading services at District preserves. DISCUSSION At your March 27, 2002 Board meeting, you approved the 2002-2003 budget, which included $84,000 as a line item for Trails and Roads (see Report R-02-47). Each year the District budgets for contracted road-grading services to restore trail surfaces from winter damage, improve drainage, and maintain emergency vehicle access. A competitive bidding process was conducted and Gary Marciel Excavating was awarded a $9,151 contract for all District preserves. While in the field, staff determined that, for reasons of safety, additional grading was necessary at Long Ridge and Saratoga Gap Open Space Preserves. By having the contractor complete the work while he was on location, the District was able to save a substantial amount of money. Staff is bringing this item to your attention because the total expenditure for the grading was $13,902, which exceeds the General Manager's current spending limit of$10,000. b Prepared : P Y John Maciel, Operations Manager Lisa Zadek, Senior Administrative Assistant/Office Manager Contact person: John Maciel, Operations Manager 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Awml OFgEE� 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 • 1 A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-90 Meeting 02-15 July 24, 2002 AGENDA ITEM 6 AGENDA ITEM Approval of Resolution Providing that Board Members Not Otherwise Eligible for an Employer- Paid Group Vision Care Plan May Participate in the Plan Available to District Employees at the Board Member's Own Expense GENERAL MANAGER'S RECOMMENDATION Approve the attached resolution providing that Board members, not otherwise eligible for an employer-paid or partially employer-paid group vision care plan, may participate in the plan available to regular employees of the District at the Board member's own expense. DISCUSSION In July 1999 the District Board of Directors approved a resolution enabling their participation, at each member's own expense, in the District's medical and/or dental plans which are available to District employees, if that Board member is not otherwise eligible for an employer-paid medical and/or dental plan (see Report R-99-106). Director Siemens has now requested that the District's vision care plan be available to Board members on the same basis as the other medical and/or dental plans. Regular, full-time District employees may currently participate in a vision care plan. Therefore, it seems appropriate that a Board member wishing to participate in the District's vision care plan, and who signs an affidavit specifying that he or she is not eligible for any other employer-paid vision care plan, could participate in the vision care plan available to District employees at the Board members expense. Any Board member who wishes to participate, and is eligible to participate, would make quarterly payments for the coverage in advance to the District. 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 OFAEEsr 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. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA,REGIONAL OPEN SPACE DISTRICT AUTHORIZING BOARD MEMBERS WHO ARE NOT OTHERWISE ELIGIBLE FOR AN E30LOYER-PAID VISION CARE PLAN TO PARTICIPATE, AT THEIR OWN EXPENSE, IN SUCH A PLAN AVAILABLE TO DISTRICT EMPLOYEES WHEREAS, Section 5536(b) of the District's enabling legislation(California Public Resources Code Section 5500, et seq.)states in part that"...the board may provide, by ordinance or resolution, that each of its members not otherwise eligible for an employer-paid or partially employer-paid group medical or group dental plan, or both, may participate in any of those plans available to permanent employees of the District;"and WHEREAs, regular, full-time District employees may currently participate in a vision care plan; and WHEREAs, providing the opportunity for eligible Board members to participate, at their own expense, in a vision care plan available to regular employees of the District is a reasonable and fair arrangement to the benefit of the Board member, at no cost to the District. Now,TuEREFoRE,BE rr REsoLvEi)that the Board of Directors of the Mdpeninsula Regional Open Space District does hereby authorize any Board member not otherwise eligible for an employer-paid or partially employer-paid group vision cue plan, and who signs an affidavit indicating that he or she is not eligible for any other employer-paid or partially employer-paid vision care plan,to participate, at his or her own expense, in any of such plans available to regular employees of the District. Regional Open SC ee N.. R-02-95 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-15 July 24, 2002 AGENDA ITEM 7 AGENDA ITEM �yiidp�ninsula Regional Open S..pm District v. W (Encroachment at Bear Creek Redwoods Open Space Preserve) Authorize the General M er to Enter into a Retainer Agreement with the Law Firm of Miller, Starr&Regalia ' an punt Not to Exceed $25,000 GENERAL R' Authorize the General Manager to enter into a retainer agreement with"Lawof Miller, Starr&Regalia in the matter ofMidpeninsula Rpgianal Open Space District v. Wozniak in an amount not to exceed $25,000. DISCUSSION Since 1999, the District managed the Upper Portion of Bear Creek Redwoods Open.Space Preserve for the Peninsula Open Space Trust, pending a collaborative effort to obtain sufficient grant funding for the District to acquire fee title to the property. This effort was successful and in July 2001, the District acquired fee title to the Upper Portion(see Report R-01-71). Bear Creek Redwoods Open Space Preserve now comprises approximately 1,071 acres located in Santa Clara County adjacent to ffiighway 17 and Lexington Reservoir. During this time,District staff discovered that a Preserve neighbor,Ms. Candice Wozniak, had created dirt trails in the Preserve for bicycle and motorcycle use and had built a fenced-in pasture on the Preserve where llamas were permitted to graze. Thereafter, several motorcycle jumps were built in this encroachment area. Encroachment problems continued despite contact from the District's Land Protection Specialist and field staff. In April 2002, the situation deteriorated further when the llama pasture area was bulldozed with construction equipment, multiple large motorcycle jumps in excess of six feet in height and ten feet in length were built, and all vegetation was cleared from the surface of the pasture. The District Board authorized the initiation of a lawsuit to stop this activity and to resolve these issues. The District's Counsel recommended that the Law Firm of Miller, Starr&Regalia be retained to represent the District in this litigation. Miller, Starr&Regalia is one of the most qualified real property litigation firms in the area. The Firm had also represented the District in the complex transaction by which the Preserve was acquired and, thus, is familiar with the Preserve and related issues. Under the General Manager's contractual authority, the Firm was retained with an authorized spendinglimit of$10 000. Suit was filed on May 13 2002. On June 20 the defendants Y r , stipulated to entry of a Temporary Restraining Order halting any further activity pending court review. The Order was approved by the Court on June 26, 2002. The District is preparing 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 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-02-95 Page 2 seek a Preliminary Injunction and to undertake further necessary steps to prepare this matter for trial. It is now appropriate to authorize retention of Miller, Starr&Regalia in an amount sufficient to prosecute the case through its next required steps. General Counsel recommends that, at this time, the Board authorize retention of the Firm and authorization of legal fees and costs in an amount not to exceed $25,000. This amount includes costs incurred to date under the General Manager's authority. Depending on the further steps necessary to prosecute this case in the future, staff may return to the Board for additional authorization. Funds for this lawsuit are budgeted in the Acquisition Department's Land Expenditures Legal Fees category. Sufficient funds are available in this category for this expenditure. Report prepared by: Susan Schectman, General Counsel Contact person: Same as above Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-97 Meeting 02-15 July 24, 2002 AGENDA ITEM -8 AGENDA ITEM Appointment of Peace Officer GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District appointing Jennifer Ventura as a Peace Officer. DISCUSSION At your meeting of January 14, 1976, you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California(see report R-76-2). Jennifer Ventura has met the necessary Penal Code requirements to qualify her for appointment. The passage of the attached resolution will complete the appointment process. Prepared by: Gordon Baillie, Management Analyst 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 RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Jennifer Ventura Claims No. 02-12 Meeting 02-15 Date 07/24/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4064 $23,019.29 2M Associates San Mateo Coastal Annexation 4065 $139.13 Accent&Artech Lamination Supplies 4066 $44.74 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 4067 $694.85 ADT Security Services Burglar Alarm Service 4068 $179.62 All Laser Service Toner Cartridges for Printers 4069 $1,129.83 Allied Auto Works Vehicle Service and Repairs 4070 $50.00 Asbestest,Inc. Floor Tile Testing-Annex 4071 $160.97 AT&T Telephone Service 4072 $34.35 Barron Park Supply Co.,Inc. Plumbing Supplies 4073 $35.50 Bay Area Air Quality Mgmnt District Permit to Operate Fuel Tank-SK 4074 $75.00 Beaugh,Janet Reimbursement-NCHRA Membership 4075 $369.16 Big Creek Lumber Lumber 4076 $3,089.90 BNY Western Trust Company Note Paying Agent Fees 4077 $78.30 Board of Equilization Fuel Tax for Diesel 4078 $53.28 Bookshop Santa Cruz Resource Documents 4079 $122.49 Browning-Ferris Industries Refuse Services 4080 $115.00 Ca Park&Recreation Society Recruitment Advertisement 4081 $208.52 California Water Service Company Water Service 4082 $700,00 Cambria Corporation Database Consulting Services 4083 $307.00 Camino Medical Group Medical Services 4084 $836.01 Cascade Fire Equipment Company Field Supplies 4085 $250.38 Cole Supply Co.,Inc. Sanitation Services 4086 $675.00 Concern Training-Substance Abuse 4087 $259.08 *1 Costco Supplies 4088 $326.02 Cupertino Bike Shop Bicycle Supplies 4089 $158.60 Custom Alignment Vehicle Repair 4090 $8.70 Dept.of Forestry&Fire Protection Copy of Timber Harvesting Plan 4091 $264.13 Design Concepts Posters of Visitors Map 4092 $480.08 Devitts Secretarial Service Transcription Services for the District Book 4093 $98.85 Dyna-Med/Galls Incorporated First Aid Supplies 4094 $1,691.13 Expanets Telephone System Maint.&Lease 4095 $3,329.20 First American Title Title&Escrow 4096 $5,013.13 *2 First Bankcard 500.97-Field Equip.&Sup. 224.83-Subscriptions&Maps 225.48-Volunteers Rec.Event 306.77-Utilities 267.05-Out of Town Business Meeting 515.43-Local Business Meeting 2854.75-Training&Conference Exp. 117.85-Internet Services 4097 $23,842.92 *3 Folsom Lake Ford Vehicle Purchase-Ford F550 4098 $72.51 Foster Brothers Keys&Locks 4099 $9,560.43 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4100 $75.56 Fry's Electronics Computer Supplies 4101 $135.14 G&K Service Shop Towel Service 4102 $725.86 Gardenland Power Equipment Field Supplies&Equipment 4103 $13,902.00 Gary Marciel Excavating Grading Svc-Skyline&Foothills 4104 $4,964.15 Giplin Geosciences,Inc. Consulting Services-ECDMC&Pursima Creek 4105 $462.77 Goodco Press,Inc. Printing Services&Business Cards 4106 $408.36 Green Waste Recovery,Inc. Garbage Service 4107 $667.85 Guy Plumbing&Heating,Inc. Repair-Distel Toilets&Rental Unit 4108 $456.34 *4 Home Depot,Inc. Field Supplies&Equipment 4109 $2,453.88 Jacaby Engineering Consulting Services-Sandstone Formation Page 1 of 3 Claims No. 02-12 Meeting 02-15 Date 07/24/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4110 $70.25 Jensen,Stephanie Reimbursement-Cell Phone Charges 4111 $50.00 Jim Davis Auto Vehicle Smog Tests 4112 $147.20 Jobs Available,Inc. Recruitment Advertisement 4113 $12,000.00 Joe's Tractor Service Discing Services SRO/FRO 4114 $568.24 Kimberlee Gassmann's Secretarial Svc Transcription Svc for the District Book 4115 $1,933.27 Kinko's Printing Services 4116 $3.90 Kwik Key Lock&Safe Co.Inc. Keys&Locks 4117 $32.17 Lab Safety Supply Field Supplies 4118 $820.20 Liebert Cassidy Whitmore Legal Services 4119 $99.76 Local Government Publications Legal Book 4120 $4,202.64 Locus Technologies Legal Services-Guadalupe River Watershed 4121 $476.53 Los Altos Garbage Co. Refuse Services 4122 $9,455.00 Macias,Gini&Company Auditor Services 4123 $152.93 MCI Long Distance Telephone Service 4124 $997.89 MetroMobile Communications Radio Repairs&Maintenance 4125 $22.50 Miller,Ken Reimbursement-Membership 4126 $398.00 National Seminars Group Training-Security for Front Desk 4127 $545.47 Noble Tractor,Inc. Vehicle Supplies 4128 $7,406.25 Nolan,Zinn,and Associates Consulting Services-Sierra Azul&ECDMC 4129 $1,000.00 *5 Northern American Title Company Acquisition Deposit 4130 $40.37 Northern Energy,Inc. Propane Service 4131 $203.68 *6 Northern Energy,Inc. Propane Service 4132 $1,331.31 Office Depot Office Supplies 4133 $686.46 *7 Orchard Supply Hardware Field Equipment&Supplies 4134 $312.04 Orlandi Trailer Trailer Hitch Installation 4135 $27.95 Outdoor California Magazine 3 Year Subscription 4136 $1,968.53 Pacific Bell Telephone Service 4137 $3,751.40 Panko Architects Architectural Service-FRO Shop Facility 4138 $4,875.36 Peninsula Digital Imaging Patrol Map Books 4139 $49.58 PhotoTime Scanning of Slide&CD-For Family Fun Program 4140 $232.74 Pine Cone Lumber Lumber 4141 $936.74 PIP Printing Newsletter&Map Printing 4142 $858.31 Precise Mailing,Inc. Postage 4143 $117.83 Precision Engravers,Inc. Name Tags Engraving 4144 $22.90 Rancho Cobbler&Cleaners Boot Repair 4145 $69.95 Rancho Hardware&Garden Shop Field Supplies 4146 $36.13 Rayne Water Conditioner Rental 4147 $347.10 Reed&Graham,Inc. Hay Bales for Trail Restoration 4148 $664.77 Reserve Account Postage-Postage Meter 4149 $402.50 Rick Skierka Survey for Coastal Annexation 4150 $25.94 Roberts Hardware Field Supplies&Equipment 4151 $100.59 Roessler,Cindy Reimbursement-Mileage 4152 $1,201.25 Roy's Repair Service Vehicle Repairs&Service 4153 $672.25 Safety Kleen Oil Recycling 4154 $1,924.00 Salway Steel Products Inc. Red Bam Exterior Scaffold 4155 $1,170.20 San Jose Water Company Water Service 4156 $50.00 San Mateo County Chapter of CSDA Membership Dues 4157 $20.00 *8 San Mateo County Public Health Medical Services 4158 $461.61 San Mateo County Times Legal Display Ad. 4159 $30.09 Second Cup Caf6 Local Business Meeting 4160 $2,419.00 Seaver,Richard DBA Rural Pig Mgmnt Pig Control Services 4161 $662.79 Shelf Oil Fuel Page 2 of 3 Claims No. 02-12 Meeting 02-15 Date 07/24/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4162 $220.90 Skyline County Water District Water Service 4163 $600.00 Sorich Enterprises Road Dues 4164 $100.00 Spectrum Resources Radio License Renewal 4165 $110.00 Stevens Creek Dodge Vehicle Supplies 4166 $106.20 The Bone Room Snake Skeleton 4167 $746.00 Tires on the Go Vehicle Tires 4168 $41.33 United Parcel Service Shipping 4169 $3,900.78 United Rentals Highway Tech. Equipment Rental 4170 $59.68 Verizon Pager Service 4171 $86.60 West Group Legal Books 4172 $300.00 Wolfe,Roberta Recording Services 4173 $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 4174 $25.50 Xpedite System,Inc. Fax Broadcast Systems Services 4175R $37.30 Dep.of Forestry&Fire Protection Timber Management Plan 4176R $4,728.00 Old Republic Title Company Escrow Fee-Paulin Acquisition 4177R $300.00 Wolfe,Roberta Recording Services 4178R $340.67 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies Total $174,277.57 .1 Urgent Check Issued 7/05/02 *2 Urgent Check Issued 7/01/02 *3 Urgent Check Issued 7/01/02 *4 Urgent Check Issued 7112/02 *5 Urgent Check Issued 7/11/02 *6 Urgent Check Issued 6/28/02 *7 Urgent Check Issued 7/12/02 *8 Urgent Check Issued 7/17/02 Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager, I' r Date: July 19, 2002 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 is E-mail: mroscL@openspace.org • Web site: www.openspace.org RECEIVED 2 5 1 San Mateo County Public Officials Compensation and en SPACE DISTRICT 2 Summary 3 The 2001-2002 Grand Jury investigated the compensation and benefits provided to 4 members of the governing boards of all cities, towns, school districts, and special districts 5 in San Mateo County. There is a wide variance in the compensation paid to these 6 officials within each category. LAFCO (Local Agency Formation Commission), which 7 among other activities publishes some compensation and benefits data in its Cities and 8 Special Districts Handbook, has failed to update this Handbook since 1996. 9 Recommendations 10 1. LAFCO should: 11 ➢ collect total compensation(direct pay,health and welfare benefits, retire- 12 ment benefits, and reimbursed expenses) data for all public agency gov- 13 erning board members in San Mateo County 14 ➢ publish such data on a biennial basis, either in the Cities and Special 15 Districts Handbook or in a separate document, within 90 days of the end 16 of the most recent fiscal year beginning with fiscal year July 1, 2002 to 17 June 30,2003 18 A distribute the information widely to the taxpayers of San Mateo County 19 2. The 2002-2003 Grand Jury should review these data and evaluate the appropriate- 20 ness of each category of compensation. 21 i I San Mateo County Public Officials Compensation and Benefits Survey 2 Issue 3 What compensation and benefits are paid to members of the governing boards of public 4 entities in San Mateo County?Is this information reaching the citizens of the county? 5 Background 6 The San Mateo Local Agency Formation Commission(LAFCO)publishes a Cities and 7 Special Districts Handbook that serves as a guide to cities, towns, special districts, and 8 other public agencies in San Mateo County. It contains data on governing board mem- 9 bers' compensation and benefits. The 2001-2002 Grand Jury reviewed the Handbook, 10 which was last updated in 1996, and found its information was out of date. 11 The Grand Jury decided to survey public agencies to obtain current data that was broader 12 in scope and more detailed than that contained in the LAFCO Handbook. The Grand Jury 13 obtained information from all county public agencies, and, except for the Ravenswood 14 School District and the Mid-Peninsula Water District, was able to clarify all data issue 15 questions. Submitted data were accepted without independent audit. 16 Findings 17 The Grand Jury's summary of data submitted by San Mateo County's 70 cities and 18 towns, school districts, and special districts (attached) lists the: 19 ➢ annual pay to which each governing board member is entitled if he or she 20 attends all meetings 21 ➢ actual annual cost to the agency of pay, benefits (health, dental and life 22 insurance), and retirement provided to the governing board as a whole for 23 fiscal year 2000-2001. 24 The data are reported in three categories by type of agency (cities and towns, school dis- 25 tricts, and special districts). 26 There are wide variations in statutory annualized pay within each category. Among cities 27 and towns, for example, statutory annualized pay ranges from none(Atherton, 28 Hillsborough, Portola Valley, and Woodside)to $13,008 (Daly City). For school districts 29 the comparable range is zero (Burlingame, Cabrillo,Hillsborough,La Honda-Pescadero, 30 Las Lomitas, Menlo Park, Millbrae, Portola Valley, San Carlos, and Woodside) to $4,800 31 (South San Francisco Unified) and$5,040 (San Mateo Community College District). In 32 special districts statutory annualized pay for governing board members ranges from none 33 (Broadmoor Police Protection, Highlands Recreation, Ladera Recreation, Los Trancos 1 Water District, Peninsula Healthcare,Port of Redwood City, San Mateo County Resource 2 Conservation, Sequoia Healthcare, and Woodside Fire Protection) to $7,200 (San Mateo 3 County Harbor District). 4 Most cities, towns, and school districts provide health and dental insurance to their gov- 5 erring board members. Some provide life insurance,too. Most special districts do not 6 provide such benefits. Of the cities and towns in the county, the richest benefit package, 7 costing$46,433 per year, is provided by the City of Redwood City, followed by Colma 8 ($38,819) (average for the category is $19,060). Among school districts, the San Mateo 9 Community College District provides the richest benefit package ($34,341), followed by 10 Jefferson Union High School District($32,481)(average for the category is $11,306). 11 San Mateo County Harbor District provides the highest cost benefit package ($35,034) 12 among special districts (average for the category is $4,846), followed by the Mid- 13 Peninsula Water District ($31,945). 14 Most entities reimburse governing board members' normal business expenses such as 15 mileage, conference registration fees,professional dues, and subscriptions. A few do not: 16 (cities and towns) Half Moon and Portola Valley, (school districts) Bayshore, 17 Hillsborough, La Honda-Pescadero, Las Lomitas, San Bruno Park, and Woodside, and 18 (special districts)Broadmoor Police Protection, Colma Fire Protection,Half Moon Bay 19 Fire Protection,Highlands Recreation, Ladera Recreation, Los Trancos County Water, 20 North Coast Water, Peninsula Health Care, Skyline County Water, San Mateo County 21 Resource Conservation, and Woodside Fire Protection. 22 Two cities provide car allowances to their council members—Daly City($300-350 per 23 month) and Pacifica($127 per month), and Colma gives three of its council members a 24 $47 per month health club membership. All other reimbursement levels appear normal 25 and reasonable. 26 Several agencies reported overall undifferentiated expense reimbursement amounts for 27 their governing boards as a whole that were high compared with others in the same cate- 28 gory: City of East Palo Alto ($20,011) (average for the category is$2,480); San Mateo 29 Union High School District($6,749) and Sequoia Union High School District ($9,036) 30 (average for the category is $1,411); and San Mateo County Mosquito Abatement District 31 ($7,348), Sequoia Healthcare District($13,108) and Port of Redwood City($30,672) 32 (average for the category is $2,515). 33 The Grand Jury was initially concerned that a few agencies still pay health and retirement 34 benefits for former members who no longer serve on the governing boards. This was 35 permitted under prior state law but is no longer allowed for officials whose initial term of 36 office commenced after January 1, 1995. No agency appears to be in violation of the cur- 1 37 rent law. In some agencies, former board members are allowed, under defined circum- 38 stances, to maintain and participate in the agency's health and welfare benefits at the 39 individual's expense. 1 The 1992 Grand Jury recommended that LAFCO incorporate compensation,benefits, and 2 reimbursement paid to city and town council members into the LAFCO Handbook. The 3 most recent occasion that LAFCO published this information was six years ago in 1996. 4 LAFCO staff stated to the 2001-2002 Grand Jury that LAFCO will compile and publish 5 compensation data on a more frequent basis in the future. The Grand Jury believes this 6 data would be sufficiently current if published at least every two years. 7 Recommendation 8 1. LAFCO should: 9 ➢ collect total compensation(direct pay, health and welfare benefits, retire- 10 ment benefits, and reimbursed expenses) data for all public agency gov- 11 erring board members in San Mateo County 12 ➢ publish such data on a biennial basis, either in the Cities and Special 13 Districts Handbook or in a separate document,within 90 days of the end 14 of the most recent fiscal year beginning with fiscal year July 1, 2002 to 15 June 30,2003 16 ➢ distribute the information widely to the taxpayers of San Mateo County 17 2. The 2002-2003 Grand Jury should review these data and evaluate the appropriate- 18 ness of each category of compensation. Compensation Survey 2001-2002 San Mateo County Civil Grand Jury Special Districts Statutor y Meetings Annualized Agency Per Year Pay Special Districts-individual Board Members Bayshore Sanitary 12 1,980 Coastside County Water 12 2,400 I GO East Palo Alto Sanitary 24 4,968 ! Half Moon Bay Fire Protection 12 900 Ladera Recreation 12 0 Menlo Park Fire Protection 12 1,200 Mid Peninsula Water 12 2,400 North Coast Coun Water 12 2,400 Point Montara Fire Protection 12 1,800 San Mateo County Mosquito Abatement 10 42011 San Mateo Count+Harbor 24 7,200 'mu..�Y�.�'1������.�,',,.. �.es....s. ..�'„'+5�..k„5�z.3 ,w"�r.sa,a✓<u... ..., �x, r, m.x � a,.r'.ri. . ,+.wX�� .^+' Skyline County Water 12 600 Westborough Water 12 1,200 j � � ��f �� `� �:'�.1 a°''Y��»da !') >`'N i'�24,x,Y y,•' V'. Y^t Page 1 of 2 i Compensation Survey 2001-2002 San Mateo County Civil Grand Jury Special Districts Actual Cost FY 2000.2001 Annual Annual Annual Total Agency Pay Benefits& Reimbursed Annual Retirement Expenses Cost Special Districts- Total Board Bayshore Sanitary 11,170 6,950 598 18,718 Coastside County Water 14,400 0 1,210 15,610 East Palo Alto Sanitary 14,925 5,664 307 t 20,896 1. o %.,,.ax,. z, ..ua �w�$>,a, Half Moon Bay Fire Protection 5,250 0 0 1 5,250 Ladera Recreation 0 0 0 0 Menlo Park Fire Protection 5,275 6,657 844 1 12,776 Mid-Peninsula Water 15,600 31,945 172 47,717 OP1MN ,2<, 1+a North Coast County Water 7,500 19,86 0 27,362 yy s f x ' < Point Montara Fire Protection 1,650 17 106 ; 1,773 s San Mateo County Harbor 36,000 35,034 1,627 1 72,661 San Mateo County Mosquito Abatement 3,955 0 ; 7,348 11,303 ys g Skyline County Water 0 0 1 0 }0 3`aak4 � . x Westborough Water 11,100 395 ( 863 i 12,358 I Page 2 of 2 Compensation Survey 2001-2002 San Mateo County Civil Grand Jury School Districts Statutory Agency Meetings Annualized Per Year Pay School Districts-individual Board Members Bayshore 12 1,440 j Brisbane 13 1440 Cabrillo 14 0 Jefferson 24 2,880 La Honda-Pescadero 11 0 Las Lomitas 14 0 Millbrae 18 0 Mq m �n a Ravenswood 22 2,880 San Bruno Park 12 900 , �t �� a k, v..,a£.`'. ..r San Mateo County Community College 20 5 040 ., . � . „ ., San Mateo-Foster City 20 2,880 South San Francisco 25 4,800 Page 1 of 2 Compensation Survey 2001-2002 San Mateo County Civil Grand Jury School Districts Actual Cost FY 2000.2001 Agency Benefits& Reimbursed Annual Pay Retirement Expenses Cost Annual Annual Annual Total School Districts-Total Board Bayshore 2,040 0 0 2,040 < � Brisbane 6,720 25,979 190 32,889 0111, 04 Cabrillo 0 0 84 84 ,., ,�. 0 ', s .:.ems_ 2mb "' � i. ,v `:'- €` ..✓ ,vM.191..,d '' anI ..,",,, . Jefferson 14,400 3,012 381 17,793 .. .a, w� ..s..r, ..., .. a La Honda Pescadero 0 18,680 0 18,680 Las Lomitas 0 0 0 1 0 y.,s. Millbrae 0 16,504 705 ; 17,209 a. Ravenswood 14,400 unclear y 2,052 uncertain ,.z. ..... M�"..'* San Bruno Park 4,500 22,061 0 ' 26,561 , San Mateo County Community College 27,600 34,341 604 62,545 4,v, 1+'✓ .F ��P3, 1' San Mateo Foster City 5,584 0 1,098 6,682 South San Francisco 30,000 22,085 1 6,597 i 58,682 s, Page 2 of 2 Compensation Survey 2001-2002 San Mateo County Civil Grand Jury Cities and Towns Statutory Meetings Annualized Agency Per Year Pay i Cities and Towns-lndlvidual Board Members Atherton 12 0 N IN Brisbane 24 2,820 g Colma 12 8,508 AMR East Palo Alto 36 4,440 Half Moon Ba 24 3,600 ;NMA Menlo Park 48 7,680 Pacifica 22 5,460 Redwood City 36 9,000 San Carlos 24 3,600 South San Francisco 32 6 960 1 Actual Cost FY 2000-2001 Agency AnnualPay Benefits & Reimbursed Cost Retirement Expenses Annual Annual Total Annual Cities and Towns-Total Board Atherton 0 0 0 0 Brisbane 13,500 27,627 341 41,468 r Colma 42,555 38,819 149 81,523 East Palo Alto 22,200 11,152 20,011 53,363 �' "' '" I '` ti v a a... t Half Moon Bay 18,000 y 00 , 0 18,000 mrF'�Yd' 7iJ ... . Menlo Park 38,400 12,404 6,131 56,935 lbiae ,' " 1 i1t} # 9 . . Pacifica 24,000 22,851 847 47,698 10, fr{ S+ Redwood City 51,288 46,433 1,976 99,697 Srt Brranc2 `� 4a74 619 San Carlos 21,601 35,420 2,099 59,120 South San Francisco 33,150 34,104 6,305 73,559 gg Ncisit r',:e .. w Page 1 of 1 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 27, 2002 Mr. Richard Napier, Executive Director City/County Association of Governments Of San Mateo County 555 County Center, 5th floor Redwood City, CA 94063 RE: 2020 Peninsula Gateway Corridor Study Dear Mr. Napier, At their Regular Meeting yesterday, June 26, 2002, the Board of Director of the Midpeninsula Regional Open Space District approved the appointment of Director Larry Hassett to the Policy Advisory Committee for the 2020 Peninsula Gateway Corridor Study. You can contact Director Hassett either through our office, or directly at: 875 Alma Street, Palo Alto, CA 94301; (650) 327-7222. I would also like to appoint Ana Ruiz, Open Space Planner, to be our staff representative to the Technical Advisory Committee for this study. Ms. Ruiz can be contacted directly at the letterhead address. Sincerely, L. Craig ritton General Manager LCB:lz cc: MROSD Board of Directors Director L. Hassett Ana Ruiz 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 Regional Open S ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 1,2002 Subject: Thomewood Open Space Preserve—Dennis Martin Road Dear Neighbors and Other Interested Persons: At the May 30, 2002 neighborhood meeting held by the Midpeninsula Regional Open Space District, staff presented information about Dennis Martin Road and received public input regarding the District's possible acquisition and management of the road. This letter is being sent to you as a follow-up to that meeting to let you know how we plan to proceed with the project based on the information you have shared with us. During the meeting, two major areas of discussion centered around, 1)the question of current ownership and potential liability and, 2) future use and management of the road if it is acquired by the District. Of particular concern to many neighbors was the issue of potential risk they may have as reflected in a 1999 abatement letter sent to them by the Town of Woodside. Duncan Simmons, an attorney for the District, indicated his research has led him to believe the ownership of the road is held by the State of California in constructive trust for the benefit of the Portola Investment Company shareholders(see attached summary). In terms of use and management issues,neighbors expressed concerns over increased parking,overuse of the resources, traffic impacts on Old La Honda Road, and the District's ability to manage trespass, illegal activities,and to work closely with fire protection agencies. District staff has concluded from the comments and concerns expressed at the neighborhood meeting that there is sufficient public support for the District to pursue acquiring title to Dennis Martin Road and to develop a use and management plan for the road that balances the interests of the neighborhood,regulating agencies,and the public. As a first step, District staff will be contacting the owners of property adjoining Dennis Martin Road to discuss our options for securing title to the road. Staff will also seek direction from the Board of Directors to initiate a quiet title action that is expected to take from six to twelve months to complete. lete.P P During the period of time needed to complete the quiet title action, staff will undertake the process of preparing a Preliminary Use and Management Plan that will address the concerns and interests P P g rY g expressed at the May 30,2002 neighborhood meeting, and staff will consult with regulating agencies. The planning process will provide additional opportunities for individuals and organizations to comment on the Proposed Use and Management Plan. Hopefully,both the quiet title action and, assuming Board Approval, the planning process will be completed in one year. If you have questions or concerns,please contact me at(650) 691-1200. Sincerely, Del Woods,Senior Acquisition Planner Cc: Midpeninsula Regional Open Space District Board of Directors Kent Dewell, Director of Public Works Hope Sullivan, Director of Planning and Building 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 DENNIS MARTIN ROAD OWNERSHIP CHRONOLOGY On June 27, 1910, Julian Thorne acquired a 593.31 acre parcel from the Preston Estate Company [Book 184 of Deeds at Page 191]. The following day, June 28, 1910, Julian Thorne recorded the Map of Portola Hills [Book 7 of Maps at Page 20]. The Map consists of 59 consecutively numbered Lots, Lots "A" and "B", eight consecutively numbered"Water Reserves" and six roads: Martinez, El Corte Madera, Preston, Espinosa, Templeton and Dennis Martin. An unambiguous statement by Julian Thorne that all lots, roads and water reserves were explicitly withheld from, that is, not offered for, public dedication to San Mateo County is included on the Map. Later the same day, June 28, 1910, Julian and Edna Thorne transferred the entire property to the Portola Investment Company [183 Deeds 242], describing the property by reference to the recorded Map and therefore including Dennis Martin Road in the conveyance. Corporate records indicate that the three original directors, Messieurs W. N. Drown, Chester A. Pinkham and L. Bridgeman, each owned one share of the total 750 authorized. There is no indication of the ownership of the remaining shares although it is possible that they belonged to Julian and Edna Thorne. Portola Investment,represented by Attorney J. F. Leicester of the San Francisco firm Drown, Leicester& Drown, filed a quiet title action on February 8, 1911, against the Administrators of the Estates of four decedents, six other named individuals, and any and all other claimants of the property. On August 10, 1911 the Superior Court of San Mateo County issued a final decree quieting title in the Portola Investment Company [200 Official Records 130]. Between 1911 and 1921, by various deeds [197 Deeds 45 5; 205 Deeds 64; 282 Deeds 1; 12 Official Records 89], Portola Investment conveyed, to either August or Else Schilling, all of Lots 1-5, 8-13, 19, 34, Lots A and B, Water Reserves I - 7, two small areas bounded by Old La Honda and Espinosa Road and identified as parcels 'Y'and"y", and specific portions of Espinosa and Preston Roads. By deeds executed in 1917 and 1918 [267 Deeds 258; 268 Deeds 333; 276 Deeds 86], Portola Investment conveyed to John Lawson, all of Lots 24-33, 37, 39-40, 44-45,47-57, and 59, all of Templeton and El Corte Madera Roads, and specific portions of Espinosa and Martinez Roads. Portola Investment conveyed Lots 35 and 36 to the Luchsingers in 1918 [274 Deeds 92]. On May 3, 1921, Portola Investment conveyed Lots 6-7, 14-18 and 21-23 to Edna Thorne [12 Official Records 86]. No recorded document out of Portola Investment between 1910 and 1922 purports to convey an interest in the Dennis Martin Road. Portola Investments was dissolved February 22, 1922. Julian Thorne died intestate (without leaving a will) on November 20, 1930. If Julian owned any interest in Portola Investment Company, it passed to his widow, Edna,by operation of law at the time of his death. Corporations Code §2010 directs that any assets, inadvertently or otherwise omitted from distribution upon the winding up of a corporation's affairs in dissolution, continue to be held by the dissolved corporation for the benefit of the persons entitled to their distribution. Under Corporation Code §2011(c), a dissolved corporation may be sued, indefinitely, in a quiet title action and that proper service of process on the dissolved corporation may be made on the California Secretary of State. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Family Fun Activities at the -.•� Daniels Nature Center June-August 2002 You're invited to the Daniels Nature Center for Family Fun programs. Hikes and activities are suitable for children of all ages. Dress in layers and bring plenty of water. See you there! June 8, 10-12pm Wildlife Exploration Identify plants and animals through touch, sounds, sights and smells. Study the creatures around Alpine Pond on this 1-mile walk. June 22, 1 -3pm I Spy Become an expert tracker! Explore the pond, forest and meadow for signs of animals, insects, and more. Be prepared for a 2-mile adventure. July 6, 10-12pm Remembering the Ohlone Become aquatinted with the Ohlone people who made their home near Alpine Pond. Visit historic sights and take a journey through time on Old Page Mill Road. July 20, 1 -3pm Flowers, Seeds and Leaves, Oh My! What makes each plant unique? Learn all about plant parts on this 1-mile exploration through the forest and meadow. �• . • August 3, 10-12pm Habitat Hike Discover the differences between habitats on this 2-mile trek from the shade of the oak woodland to the sunny hillsides of the grassland and chaparral. August 31, 1 -3pm Pond Discovery This short walk around Alpine Pond will introduce you to the many creatures that live in the pond. For additional Family Fun information please contact Interpretive Aide Jessica Morgan at(650)691-1200 ext.556 For directions/maps and other District information please visit www.openspoce.org Regional Open S ce s ' 1 INTER-OFFICE MEMORA9D_TJR ' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton, General Manager /yam(U,f From: M. Williams, Real Property Representative Date: July 10, 2002 Subject: Ham et al. Property Addition to Monte Bello Open Space Preserve Escrow closed for the subject transaction on June 28, 2002 and title to and possession of this undivided 2/3 interest in 35.64-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of April 24, 2002. DEDICATION/ACQUISITION CIIART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee, Easement, Lease, Date/Res. No. NIgrot Agmt.) Monte Bello Santa Clara County David L Ham 23.76 Undivided 2/3 April 24, 2002 351-13-021 Jayne Yeh Ham Interest 02-10 351-13-022 35.64-acres 351-15-020 Dedication Date/ I41gmt. Status: Status: Closing Date (Open,Closed,CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) 6/28/2002 Closed Withheld Cash $618,000.00 Misc. Notes: cc: Board of Directors Administration Accounting Operations/Planning -Install gate and fencing at driveway access at Stevens Canyon Road -Debris removal 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org OFNEEg' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton g g r r.. •S: :`. i 5- .i-� ,. �,�. •y.•.ash;c� — - yy4:d,d�'d1:°':` ��Syr" �-��"row'.•��1�$_''�, �'a4 APPROPRIATIONSDEPARTMMM OF DEFENSE 11 REPORT �,.�•• .. CONMUTTEEAMOPRIATIONS .. 1 } _ ADDMONAL t At be foe pdnuA 49 JLL-10-2002 14:10 CITY OF 5RN JLh: 4UW Lf1 'r r.U.L 04 CITY Of i • SAN-JOSE FAQ Communication CAPrrAL OF SILICON VALLEY PAT DANDO, COUNCILMEMBER Urgent ❑ Reply ASAP ❑ For Your Review ❑ Please Comment ❑ Date: Time: To: ����e w"�� Fax #: Phone: #of pages Including Cover 04 From: 0 Pat Dando 0 Jim Co [IMargie Espinoza ❑ Joshua HoWar ❑ Jo Coffaro ❑ Message: 41 - tic C�Icc_ w� 801 N. 1".Sr., Rm.600,San Jose,CA 95110 tel(408)277-5251 fax(408)271-9807 pat,dando@cj.s&n-jose.ca.us ment4i to the budget activities for Operation sold main- ENVIRONDUNTAL RESTORATION,ARMY tZoW aViNational Guard are shown below: C: jk"W&"b4r4dft4 h led year 2003 spp"ristiov ................. ........... $349,400.000 &W t Activity 3:lop"Dung Roma: n4ad yearbc 2008 Wsdt reqwst ..................................... 325.900AW T71100 7.14.w ftstime-t, &*-W- and conaliter recommorwaim ............... tkwcT—"DEW Itonslar—yeduty UPV1&5 3810115 Champ from buldipt rwowat ........ ru 17800 F"Uties sustAmew, lestoradon " Mociff%kao- 2,009 The Committee recommends an&pErlopria1ion**9f'$'S95,900 0'00'for FS fAOVVAY"*]A pl;ay-1howauen ru 11860 10"Xmiatesimm.........................- 6.000 Environmental Rlostorstion, Army. 'Me recommeadsUon is as in- rn A4=tawtia: crease of$6,100,WO from the amount approriated in Inscal year WN Naticad Guord&at*PatoonVil FroVem .................. I'M 2002. SAMProject Afert ............................................... ............. 21750 MON SurvoDgT WaingByst4vas................................—.—IngUum 1,000 Zg2o m LmWk ft Bystalm at Rkkenbckw ANG e RNMONMENTAL RESTORATION,NAVY Ban.—......... ....... ....... --.......... Soo 21M C414i W**tb*t C100iDe--..................—..................-- no piece,Yom W02 loppecriatim............ .............................. Flow,over 110o$600t request ..........-................. ........... 26""'coo IMBOURI AIR KATIMNAL QUARD remousfadation ........................... W"810" The CQWMktee recommends an increase of$300,000 above the request ......_-........ ...................- budget nMmt only for told weather clothing for the 139th Airlift 1%41 COMMittee recommends an apempriation of$266,948,000 for Wing of the Air Nat anal Guard stationed in St.Joseph, Missouri. Bnvirlonmental Restoration. Navy. 17w reconunendation is a de. crease of $W9,000 from the amount appropriated in fiscal yaar 1MY FIXE.V,XtewastpPI 2002. 0 n The Committee recommends an increase of$2,000,000 above the ENVIRONMENTAL RESTORATION,AIR FORCE I budget request in operation and maintenance Sustainment, Res- toration, and Modernization funds only for repair of the operations pleaj yew 2002 appropriation .................... ........ z to atsd L. IN 1col year 2003 buipt nnum ,.... ...................... ........ 389.773.000, training fiteility at Key Field in Meridian, Mississippi. CommUllas rwwonmemdakiloo.......................-_........................... 349,173.OW 0 r1i V, OVERSEAS CONTINGENCY OPBRATIONS,TRAMWHR FUND Qraage Gem hudslat"1114ext ......................... .................. rr- Tito Committee recommends an appropriation of$389,778,000 for lMwW jaer 2002 appropriation........................ 850,000.800 Environmental Restoration, Air Force. The recommendation is a, Fiscal yea SON WOW MqW41 ................. ........ ..................- increase Of$4.3W,000 from the ammutt,appropriated in fiscal year Committee recommendation ............................... 2W2. ch"fftw h1&*k ................. 90.080.000 72ic Committee has Wy funded the Administrations reguest,for ENVIRONMENTAL RESTORATION,DZIPMEAVIDE support of ongoing Doi)operations in Boacia and Kosovo.Them op- erations are no longer contingency events,and such Continuing of- Fiscal roar 2002 appropriawle..........__...... ....... WAk" have been funded in the regular appropriations accounts Pima 2008 budselt request ................................................. 23,494.401) Ce.=-Memmeaftti.. ............................. :3,40.2,06 lines as requested by the Administration, As then eparatime are Quaiin from budget nquest..........._....... .................. now accounted for in the bu pt development process, contingency 14nds are not needed :al On Committee has reallocated The Committee recomnWads an apPropriation of S23.498.000 for $60,000,000 from the Overseas Contingency Operations Fund to Environmental Restoration, Defense-Wide. The recommendation is An increase of$6,000 from the amount appropriated In fiscal year mors urgent Priorities. 20W. UNITED STATES COURT OF APPEALS FOR THE ARMED CS FORCES ENVIRONMRMAL RE9MRATION,FORMERLY USED a OEM"SrMS Finial year 2002 an"Priation............................................ $111098.400 ftw year Boom boApt recant ............................................. 9.814.030 Fiscal year 2002 arpmpousias............-.-........................... ConalAtles"Muzomentalift 9116114.000 P'iyear no hudaot reqlaest ......-1.................................. 212.102,800 u Chance him budpG request,........................... ............ ---------.............. .......................................... 212,L01:m0 a The Committee clecomm"s as appropriation of$9,514,000 for ............................. ................. .............._......... the United States Court of Appeals for the Armed Farces. INA roe- The Committee recommoods an appropnall'ton of$212,102 000 for ooeTnendad" is an JMMUS or$518,0()o ors WW"t QPPM- Havb-octmentel Reatoratim, Formerly Used Defense Sites. WW printed in fiscal yew 2002. outabandation in a decrease of$10,153,OW ftm the Amount oppm Printed in fiscal year 2002. Y -- f31t The adjustments to the budget activities for Operation and main- ENVIRONMEMAL RESTORATION,ARMY ti tons am,Air National Guard ow are shown below: cr- tru..n�e.�aua•r•: Mnalyew2002sp�Prroopgriatisn............._.............._........,.. _.__........ $349,000,000 need year 2009 bWr request 195A00.000 8�dp_t Aet�isity 1:G�s�rerees• ....._........_.................... ._............ i �0 FrdT' 8ustsas►wut► Rsstsra4raa and 1Lrdsraisa- Carnsdtisa racosawandatica ......__..................................... ......_... 1o6,90e.0o0 4WWCT-FP D FR!'noss1er—�sdlity s......... ......... a00i5 Chan®e Craw bu0pt request ........--•--._.....__.................................. ._..................... g'W �i ' "'"su00, Rsstara '�`~ 2,600 The Committee rommmande an ropsistion of$396,900,000 for ti u yP10d tW,aeaosn...... » ...::..»_.___.._......... 61000 Environmental Restoration, Araty. 'fte recommendation is an in- Sim0 D"W xxiateoaaa........................»... .._.._............. Other cremes of$6,100,000 tier the amount appropriated in 13acal year ., .. 24110 Nftinad.Guard Mate P PaoS .................. 1.000 2 M 2002. UL70Pnied Alai ....................................................... ......... UM sursesiog Trawing sy�sas_....................................._.. 1.000 ENWRONMEN TAL RESTORATION,NAVY UM Itatsueoeot LWWkag 1bgtns at Rktceabackar ANG we gssa.._........._........_......................»_........, .. ....................... Pineal year 2002 appsPdatton ................. 2e310 Cdd Westber Cietbiag Soo __...........__...... t34.!'t' .b]7.000 _ Fiscal year 3003 budget eequari ...-. 266,946,000 UMBOURl AIR NATIONAL GUARD Cowmittes meemnesda0ow..........................._....... 206,900o0 Change 4rom budget raq+sset.................................._......._..._.......... .......................... The Committee recommends ea increase ;300,00o above the The Committee recemumeods an ap�pprroopriatian of$266,948,000 for n budget request only for cold weather clothing fbr the 139th Airlift BnAronmental Restoration, Navy. recommendation is a de. , Wing of the Air National Guard stationed in at.Joseph, btiesouri. cream of $669,000 From the amount appropriated in fiscal year -< Kay PIED,yglaSta81PP1 2002. n The Committee recommends an Increase of$2,000,000 above the ENVIRONMENTAL RESTORATION,AIR FORCE budget request in 0perWi0n and msiOtananoe 'Sudsinagent, Ree- meat�2002 apprapdatisn... S2o5,S37,000 z toration,and Modernisatien funds only for repair of the operations —................._........................_... final year 2001 bo#tet ragaest J80.77',OaO and training fk Wty at Kay Field in Meridian, Mississippi. o CammiNas reaaoaraaodr�ion............................_.....__...,_.._..... ... tm,?'r2.000 ru OVERSEAS CONTINGENCY OPERATIONS TRANtSM FUND Chase freas buigat ragaest .._......._.............._..................._........ �r The Committee recommence an appropriation of$389,773,000 for Resat year salt appropriatis,.. ..._.._..............._..... ,..........___.. taoo00.60o Savic�ataaterrtal Restoration, Air Force. The neconamandation is an moat sea 20011 64dW mqaasr .................. _.._....—...._ s0,0oo000 increase of$4,330.000 from the smouat appropriated in fiscal year ..... ........................._.............. .... __............_. (brnmttisa reeoaaraaadatien......_.......... '� . Chasse Sroasbudo raqueat..................................,._.._.......1-— -60090000 The Committee has Rally funded e Administrat- a reguiest for ENVIRON3[ENTAL RESTORATION,DEFBNSE•WIDE th support of oalgaing DOD operations in Bosnia and Kosovo.These op- INa,:l rear 7002 swapnaws. erations are no longer contlt`ancy events,and such continuing op- Ftaoat ar 3008 eat z3,4searos *rAitlna hays been funded art the regular appropriations aeoaunte a ttae re drtiep.....................:.. .................. 2t.meAoo linen as retltlested by tba Administration. es operations are t?smgefr+mbodgetregvast »............»........_........_................._.... ........... raw accounted for in the budget development process, contingency The Committee recommends an me fig tiorl of$23,498.000 for Fends are rat needed Bad the Committee has reallocated Environmental Restoration. Dat'enat WTIu eeoomrnendatioa is $60,000,000 from the Overages Contingency Operations 1Ft1nd to an increase of$9,000 from the amount appropriated in fiscal year more urgent priorities. 2002. ARMED 6 UNITED STATES COURT OF APPEALS FOR THE GNYiRONMBNTAL RESTORATION,FOR3dERLY USED a FORCES DEFENSE SITS n Pineal year 2ee2 aprxsPaiatios.......... ........................................... 39,RiNACOo,gKOW necat year 2009 4FPcoPrisWa 9222.R3b,4+00 Preset year f00o budget request ......_......._....._ _..... ....._.. os44.000 Fiscal year 2M bWgst trgwst,.._.........._.._.......... ............... 212.102,A00 Coasaaid"20SUM0•ds0oa Q_».._.....».......... .._........_......._...... ComwitMa recasasaaeat�ea Cbaagatrsm>}u�a1»quest .............._.......... _ ............ .....».. ................_...». ..... .............._........_ 2I2,L02Oo0 6 on of tf9,ti14�,000 for Cheap igat rsgviest ....................... .__. . . .................. ...._........_._........... -. The Committee rommmsnda an PmPnSO The Committee"Common&an appropriation of$212.102O00 for the United States Covet of Appeals for the Araesd Forces. The rec. EnvirogwAantai Restoration, Formerly Used Defense Sites. VFW rem osnraecdentioo is an increase of$5I8,000 iron the amount appro- ommomktim in a decrease of$10,163,000 Now the amount appro. 0 printed is Swan yes:2002. printed in fiscal year 200Z. JUL-10-2002 14:12 CITY OF SRN JU5E qvjo e r i 'vou t r.cp4,u4 Un. gilt • � F. Sib bt kk Js LOWN clv P -644 1.4 8§1 a -0 RA 21 9 -241� A 55 v sz. 'MKS 1 .4-51 PC Cal i CrA CL 631 4 WA p. � 40 Jim 4- A L off-4 oin -V awe '1 1 111 40 & z 41 0 It 9v L 2JL-02- 1c: 20274 24422 Z1 P.03 TOTAL P.04 I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memoimdum To: Craig Britton From: Cathy Woodbury Date: 07/15/02 Re: National Recreational Trails Grant Final Payment I am pleased to bring you the good news that we have received a check for$55,718,which represents the final payment of the National Recreational Trails matching grant for El Corte de Madera Creek Open Space Preserve. This grant, totaling $73,000, helped finance • Construction of a network of perimeter trails • Construction of an observation deck at the sandstone formation(Tafoni) and the re- routing of the trail to the deck • Repair of two bridges • Installation of 6 trailhead signs and 21 trail directional signs • Closure of unauthorized trails and restoration of the damaged areas Pooling all their creative, inventive, and multi-talented resources, Planning and Skyline Field Staff not only accomplished these projects, but did so under the pressure of a May 31St deadline for submitting the grant's final paperwork. It was a great collaborative effort. Memorandum Date: July 17, 2002 To: Craig Britton,General Manager From: Paul McKowan,Volunteer Programs Coordinator Subject: Volunteer Programs Update Earlier this year,members of the District Trail Patrol program made some recommendations on improving the quarterly and annual Volunteer Trail Patrol Activity Summaries that I submit to you and the Board. The current format seemed to focus only on the total violations Trail Patrollers had observed in a given time period,with no reference to the fact that the total number of violations consistently represents a small percentage of the total visitors observed and contacted. The volunteers provided several good recommendations to modify these reports and convey a more positive picture of their patrol efforts. I have included statistics for the first six months of 2002 in this report and will resume submitting quarterly reports in September. Also included in this report,now called the Volunteer Programs Update,is information on other District volunteer programs. My goal is to keep you and the Board members updated on the efforts of this dedicated group of volunteers.Their enthusiasm and energy greatly contribute to the successful protection and maintenance of the open space preserves. Volunteer Trail Patrol Opportunities to Educate Visitors about District Ordinances(111102—6130102):These statistics represent the number of visitors who were provided information after being observed violating these ordinances(for a detailed chart,please see attachment A). Trail Patrol members introduce themselves,explain the details of the ordinance,provide information and alternatives,and submit the information on their patrol reports. It is important to note that District ordinances may be discussed during any type of visitor contact;therefore,this type of visitor education is not limited to the numbers listed below. Total hours logged for this period: 1,805 hours. Bicycle Ordinances: Dog Ordinances: Other Ordinances: Helmet: 53 Off Leash: 37 Equestrian Prohibited Area: 02 Prohibited Area: 13 Prohibited Area: 11 Various Other Ordinances: 34 Speed Limit: 21 Two Quotes from the Trail Patrol Volunteers: "Effectiveness of VTP: Is it?We sure think soN We've had so many,many,people either stop us,or comment when running by; 'thank you for being out here', 'thanks for what you are doing',or'we feel much safer knowing the trails are patrolled'(!)" "I saw one biker about to leave the parking lot,see me,and put on his helmet. So no violation,but nice that he complied prior to starting to ride! I saw probably another 20 bikers,all of whom had their helmets on and who were obeying the speed limits.Also,the wildflowers are wonderful right now!" Special Project-IMBA Trail Patrol at ECDM.-A special 2-day training session will be held at the end of this month for approximately 10 members of the International Mountain Biking Association Bicycle Patrol group. These cyclists will patrol,report conditions,and educate visitors about regulations,policies,and issues at El Corte de Madera. In addition, the District will be hosting an ECDM trail work project with the IMBA trail crew on July 20. The Community Programs Team is very excited to be joining efforts with IMBA and local mountain biking groups like ROMP and Team Wrong Way to educate visitors and protect and maintain this popular preserve. --over-- 2002 Enrichment Training Program: Since its inception in 1993,the Trail Patrol program has conducted an Orientation and Training Program for new members each spring. This year,an enrichment training program has been scheduled for current members. The goal of this program is to provide an expanded series of learning opportunities that will keep Trail Patrol volunteers apprised of District projects and news,while enhancing their volunteer experience. The program began in April and will run through the end of the year. Enrichment training sessions help District volunteers effectively represent the District,and seem to foster a greater sense of community. Each presentation is scheduled for 1.5-to 2.5- hours,and features one or more staff and/or guest speakers. The following training sessions have occurred,are still in the organizing stage,or are scheduled for later this year. • An Update on El Corte de Madera Issues • District GIS Presentation • Santa Clara County Open Space Authority Presentation • Visitor Contact Refresher Course • All About Wildland Fires Presentation/Annual Breakfast • Safety-Self Help Presentation • District Resource Mgmt 5-year Strategic Plan Presentation • Effective Communication Skills Preserve Partners and Crew Leader Programs District staff and volunteer crew leaders have already led 30 outdoor service projects this year! Over 300 Preserve Partner,Special Group,and student volunteers have donated their time and sweat to maintaining the open space preserves. These volunteers have restored sections of trail,collected native seeds,installed retaining walls,repaired and painted sections of the corral at the red barn,cleaned-up the baylands area,pulled invasive,non-native vegetation,planted 2000 redwood seedlings,constructed several sections of fence,painted observation decks,and removed wire cages from established young oak trees. These two programs continue to be educational and productive. The volunteers produce high-quality results,develop new skills,and learn about the many aspects involved in restoring and maintaining the open space preserves. Many can't wait to bring their family and friends to the areas they have worked and show off their accomplishments. Once a community-wide immunity to poison oak is developed,these programs will be perfect! Special Proiect Volunteers-Natural Resource Database District volunteers Dennis Smith,Bill Korbholz,and Bill Bauriedel continue to work with District staff on finalizing the Natural Resource Database. These volunteers have contributed hundreds of hours creating the database,gathering data, and preparing this incredible tool for staff,volunteer,and wider public use. The goal is to have this database up and running by this fall. And their efforts don't stop there. When they're not busy working on the database project,these three also participate in the District Docent and Trail Patrol programs! Special Proiect Volunteers-District Website Improvements Marc Auerbach,a District Preserve Partner and now Special Project volunteer,has repaired and improved the District web site. Marc began work last year when an ISP change caused problems with the on-line volunteer report forms. He worked with me and trail patrol members on improving the trail patrol forms and the volunteer pages. This system is now user- friendly and very efficient. Upon completion of this project,Marc offered to meet with management and offer his expertise in improving the entire web site. A web team was created,and the results are incredible. The District has an improved website,and Marc's incredible donation of skills and time has saved the District thousands of dollars. Community Outreach Volunteers Community Outreach Volunteers are working side-by-side with staff and Board members staffing the District booth at Bay Area art and wine festivals and other community events. The annual training session was held in May,and the District has already participated in three summer events. The goal is to attend nine events this year,most of which are two-day events in communities ranging from Los Gatos to Pacifica. In addition to participating as ambassadors of the District,these volunteers also help us evaluate each event to ensure that our efforts are efficiently utilized. These are just a few of the highlights of the various programs this year. I will feature additional volunteer contributions and accomplishments in each report. Many thanks to you and the Board for your continued support of these programs. The Public Affairs Team looks forward to hosting the October 5,Volunteer Recognition Event,and we hope that you and all the Board members are able to attend and rub elbows with the best ambassadors around. 2002 Enrichment Training Program: Since its inception in 1993,the Trail Patrol program has conducted an Orientation and Training Program for new members each spring. This year,an enrichment training program has been scheduled for current members. The goal of this program is to provide an expanded series of learning opportunities that will keep Trail Patrol volunteers apprised of District projects and news,while enhancing their volunteer experience. The program began in April and will run through the end of the year. Enrichment training sessions help District volunteers effectively represent the District,and seem to foster a greater sense of community. Each presentation is scheduled for 1.5-to 2.5- hours,and features one or more staff and/or guest speakers. The following training sessions have occurred,are still in the organizing stage,or are scheduled for later this year. • An Update on El Corte de Madera Issues • District GIS Presentation • Santa Clara County Open Space Authority Presentation • Visitor Contact Refresher Course • All About Wildland Fires Presentation/Annual Breakfast • Safety-Self Help Presentation • District Resource Mgmt 5-year Strategic Plan Presentation • Effective Communication Skills Preserve Partners and Crew Leader Programs District staff and volunteer crew leaders have already led 30 outdoor service projects this year! Over 300 Preserve Partner, Special Group,and student volunteers have donated their time and sweat to maintaining the open space preserves. These volunteers have restored sections of trail,collected native seeds,installed retaining walls,repaired and painted sections of the corral at the red barn,cleaned-up the baylands area,pulled invasive,non-native vegetation,planted 2000 redwood seedlings,constructed several sections of fence,painted observation decks,and removed wire cages from established young oak trees. These two programs continue to be educational and productive. The volunteers produce high-quality results,develop new skills,and learn about the many aspects involved in restoring and maintaining the open space preserves. Many can't wait to bring their family and friends to the areas they have worked and show off their accomplishments. Once a community-wide immunity to poison oak is developed,these programs will be perfect! Special Proiect Volunteers-Natural Resource Database District volunteers Dennis Smith,Bill Korbholz,and Bill Bauriedel continue to work with District staff on finalizing the Natural Resource Database. These volunteers have contributed hundreds of hours creating the database,gathering data, and preparing this incredible tool for staff,volunteer,and wider public use. The goal is to have this database up and running by this fall. And their efforts don't stop there. When they're not busy working on the database project,these three also participate in the District Docent and Trail Patrol programs! Special Pro'ect Volunteers-District Website Improvements Marc Auerbach,a District Preserve Partner and now Special Project volunteer,has repaired and improved the District web site. Marc began work last year when an ISP change caused problems with the on-line volunteer report forms. He worked with me and trail patrol members on improving the trail patrol forms and the volunteer pages. This system is now user- friendly and very efficient. Upon completion of this project,Marc offered to meet with management and offer his expertise in improving the entire web site. A web team was created,and the results are incredible. The District has an improved website,and Marc's incredible donation of skills and time has saved the District thousands of dollars. Community Outreach Volunteers Community Outreach Volunteers are working side-by-side with staff and Board members staffing the District booth at Bay Area art and wine festivals and other community events. The annual training session was held in May,and the District has already participated in three summer events. The goal is to attend nine events this year,most of which are two-day events in communities ranging from Los Gatos to Pacifica. In addition to participating as ambassadors of the District,these volunteers also help us evaluate each event to ensure that our efforts are efficiently utilized. These are just a few of the highlights of the various programs this year. I will feature additional volunteer contributions and accomplishments in each report. Many thanks to you and the Board for your continued support of these programs. The Public Affairs Team looks forward to hosting the October 5,Volunteer Recognition Event,and we hope that you and all the Board members are able to attend and rub elbows with the best ambassadors around. Attachment A Volunteer Trail Patrol — Opportunities to Educate Visitors about District Ordinances Chart I Bicycle Dog Equestrian Other Totals by Patrol Ordinances Ordinances Ordinances Ordinances Hours Preserves Prohibited Speed Prohibited Prohibited Speed Preserve Helmet Area Limit Leash Area Area Limit Miscellaneous y 50 Coal Creek 4 4 27 El Corte de Madera 6 El Sereno 93 Fremont Older 4 2 2 6 1 15 4 La Honda Creek 75 Long Ridge 3 2 2 3 3 2 15 1 Los Trancos 114 Monte Bello 6 5 11 11 Picchetti Ranch 4 Pulgas Ridge 62 Purisima Creek 1 4 2 4 11 791 Rancho *15 2 2 1 3 **30 53 81 Russian Ridge 6 1 1 8 33 Saratoga Gap 4 4 18 Sierra Azul 2 2 44 Skyline Ridge 1 2 3 64 St. Joseph's Hill 8 9 17 75 Windy Hill 7 3 2 14 2 28 252 Training/Meetings 1,805 Totals by 53 13 21 37 11 2 34 171 Ordinance 4 *The District helmet ordinance is now being enforced at the Rancho County Park as a result of the County Park Management Agreement. Trail Patrol volunteers also participated in education booths to inform visitors of the change. **The majority of these observations involved minors on scooters, and the trend is slowing. I Notice of Exemptio. Form D To: ® Office of Planning and Research From: (Public Agency) PO Box 3044, 1400 Tenth Street, Room 222 Midpeninsula Regional Open Space District Sacramento, CA 95812-3044 330 Distel Circle Los Altos,CA 94022 ❑ County Clerk (Address) County of Project Title: Blue Blossom Trail Partial Realignment Project Location - Specific: The project is located within El Corte de Madera Creek Open Space Preserve, situated approximately 3/4 mile west of Highway 35 and the preserve boundary,and accessible via Gate#CM05 and the Spring Board Trail. Project Location—City: Woodside,CA Project Location—County: San Mateo Description of Project: The purpose of this project is to reduce erosion from the Blue Blossom Trail by realigning approximately 0.2 miles of the trail and restoring the existing steep portion of trail to eliminate small ruts and gullies. The new alignment will follow an existing road cut that is level(grade less than 10%),with cross slopes less than 50%. The project entails only minor trimming of branches,and some hand work to clear small landslides. The new trail alignment will be constructed entirely by hand and will incorporate erosion control measures identified by the District's consulting Certified Engineering Geologist,including use of rolling dips and gentle out-sloping. The proposed alignment has been surveyed to confirm that no sensitive biological resources will be affected(refer to attached memo,dated 7/18/02). Name of Public Agency Approving Project: Midpeninsula Regional Open Space District Name of Person or Agency Carrying Out Project: Midpeninsula Regional Open Space District Exempt Status: (check one) ❑ Ministerial(Sec. 21080(b)(1); 15268); ❑ Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c)); ®Categorical Exemption. State type and section number: Article 19, Sections 15301 and 15304 ❑ Statutory Exemptions. State code number: Reasons why project is exempt: Section 15301 exempts repair,maintenance,or minor alteration of existing public facilities involving negligible or no expansion of use. This project consists of minor realignment and restoration of an existing trail, and would not result in increased use. Section 15304 exempts certain minor alterations to land,water, or vegetation. This project entails very minor surface grading and vegetation removal to open an existing road cut. Installation of new erosion control measures will benefit the environment. Lead Agency Contact Person: Ms. Cathy Woodbury,ASLA,AICP Area Code/Telephone/Extension: (650)691-1200 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ❑Yes ❑No Signature: Date: July 18,2002 Title: Planning Manager ® Sigdd y Lead Agen�/ Date received for filing at OPR: ® Signed by Applicant Revised May 1999 Governor's Office of Planning and Research 27 I PropoSr4 Blue Blossom Trail " Aalignment Site Map 30-7 200-9 30-8 Spring Boar4l ss r � 4 Proposed Realignment - 200-5 `1 \.10-21.2 N 0 125 250 500 750 1,000 Feet ul 0 } N prd s101 ene HS San Fr 00 a lden G t 92 84 .� Project 1 237 Location ! 84 San Jose Metro,Area 17 1 Notice of Exempti, Form D To: Ja Office of Planning and Research From: (Public Agency) PO Box 3044, 1400 Tenth Street,Room 222 Midpeninsula Regional Open Space District Sacramento,CA 95812-3044 330 Distel Circle Los Altos,CA 94022 ❑ County Clerk (Address) County of Project Title: Blue Blossom Trail Partial Realignment Project Location -Specific: The project is located within El Corte de Madera Creek Open Space Preserve,situated approximately 3/4 mile west of Highway 35 and the preserve boundary,and accessible via Gate#CM05 and the Spring Board Trail. Project Location—City: Woodside,CA Project Location—County: San Mateo Description of Project: The purpose of this project is to reduce erosion from the Blue Blossom Trail by realigning approximately 0.2 miles of the trail and restoring the existing steep portion of trail to eliminate small ruts and gullies. The new alignment will follow an existing road cut that is level(grade less than 10%),with cross slopes less than 50%. The project entails only minor trimming of branches,and some hand work to clear small landslides. The new trail alignment will be constructed entirely by hand and will incorporate erosion control measures identified by the District's consulting Certified Engineering Geologist,including use of rolling dips and gentle out-sloping. The proposed alignment has been surveyed to confirm that no sensitive biological resources will be affected(refer to attached memo,dated 7/18/02). Name of Public Agency Approving Project: Midpeninsula Regional Open Space District Name of Person or Agency Carrying Out Project: Midpeninsula Regional Open Space District Exempt Status: (check one) R Ministerial(Sec.21080(b)(1); 15268); f_1 Declared Emergency(Sec. 21080(b)(3); 15269(a)); ❑Emergency Project(Sec.21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: Article 19,Sections 15301 and 15304 ❑ Statutory Exemptions. State code number: Reasons why project is exempt: Section 15301 exempts repair,maintenance,or minor alteration of existing public facilities involving negligible or no expansion of use. This project consists of minor realignment and restoration of an existing trail,and would not result in increased use. Section 15304 exempts certain minor alterations to land,water,or vegetation. This project entails very minor surface grading and vegetation removal to open an existing road cut. Installation of new erosion control measures will benefit the environment. Lead Agency Contact Person: Ms. Cathy Woodbury,ASLA,AICP Area Code/Telephone/Extension: (650)691-1200 If filed by applicant: 1.Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? R Yes Ej No Signature: Date: July 18,2002 Title: Planning Manager Si y Lead Agen�l Date received for filing at OPR: Signed by Applicant Revised May 1999 Governor's Office of Planning and Research 27 r Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: July 24, 2002 I Re: FYI's i • 94 -1404 • Phorw.650-691-1200 330 Distelt"arck Los Altos,CA 022 Fax 650-691-0485 • Email:mmsd@operapace.org • 'Web site: www.openwwe.org i Regional Open 'ce 1 INTER-OFFICE MEMORAI�Dr MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton, General Manager From: M. Williams, Real Property Representative U Date: July 19, 2002 Subject: Lease and Management Agreement of the Peninsula Open Space Trust of the (former (McKannay) Property at the Mt. Umumhum Area of Sierra Azul Open Space Preserve An Agreement was entered into on May 23, 2002 and management responsibility for this 33.85-acre property passed to the District (See enclosed copy of the Agreement). I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, the effective date of the agreement marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of May 22, 2002. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area Couuty/A.P.N, Grantor Acres (Fee,Easement, Lease, Date/Res. No. Ntgmt Agmt.) Sierra Azul 562-24-001, 005, McKannay 33.85 Lease Management May 22, 2002 006, 010, 069 Agreement 562-25-027, 038 Dedication Date/ Mgmt. Status: Status: Closing Date (Open,Closed,CNIV, (Intended Type Purchase Price GIS Code or Other) Withheld) N/A Closed N/A N/A N/A i141isc. Notes: I Lease and Management Agreement cc: Board of Directors Administration Operations Accounting Planning 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 ®EPEE" Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz - General Manager:L.Craig Britton INTEROFFICE MEMORANDUM July 17, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie,Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month June Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Assault 1 Closed area 5 6 Indecent exposure 1 Speed 8 19 Helmet 10 18 Night-riding 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle accident 1 Prohibited area 1 3 Equestrian accident 1 Off-leash 7 9 Hiking/running accident 2 Off-road vehicles 0 0 Other first aid 0 Closed area 5 7 Search&Rescue 0 After hours 10 18 Vehicle accident 0 Fishing 2 2 LZ air evacuation 0 Vandalism 0 5 Fire 0 Parking 13 19 Parking after hours 21 31 Dumping/littering 0 0 ENFORCEMENT Campfires 0 0 Parking citations 34 Camping 0 0 Other citations 51 Weapons Written warnings 50 Actual contact 0 0 Arrests 0 Report only 0 1 Police assistance 0 Evidence of 0 0 Smoking 1 1 Gathering/hunting 0 1 MUTUAL AID Gathering vegetation 0 1 Accident 2 Exhibition of speed 2 2 Law enforcement 1 Encroachment 0 1 Landing zone off-site 1 Minor poss alcohol 0 8 Fire 0 Camping w/out permit 0 3 Unlawful trail construction 0 1 SUMMARY OF SIGNIFICANT INCIDENTS 1 While on foot patrol of Sierra Azul OSP, K. Miller talked with two cyclists who stated that they had almost been run do wn b a pickup truck. The suspect,who matched the description hY Y P p p of a neighbor who is known for this type of activity,had driven his truck past the bicyclists, then backed up at a high rate of speed and locked up his brakes, skidding near the bicyclists. Santa Clara S.O. was called. The deputy interviewed the victims and stated he would contact the suspect. I 2 T. Lausten responded to Rancho San Antonio County Park for a 12-year-old bipolar male fighting with his mother and throwing rocks at her. Santa Clara County Sheriffs also responded. The boy calmed down and was released to his mother. 2 J. Smith found an illegal trail in its preliminary stages of construction at El Sereno OSP. Tools were found behind a tree and the length of trail was flagged by orange tape. 7 After receiving permission, J. Kowaleski and B. Malone drove through private property and discovered that an old road had been re-opened,which leads into Sierra Azul OSP. The new road is approximately Y2mile long, and was possibly graded by the property's caretaker. Information regarding the encroachment has been provided to the Land Protection Specialist. 8 A. Correia took a report of an indecent exposure incident at Rancho San Antonio. A man exposed himself to a woman and two teenage girls. The woman ran toward the suspect and he ran away. 9 L. Paterson observed a vehicle enter the Russian Ridge parking lot, accelerate and then turn quickly, spinning a"doughnut." The parking lot was full of cars, hikers and bike riders. L. Paterson issued an"exhibition of speed"misdemeanor citation to the driver. 18 When her horse reared back, a woman fell off and lost consciousness on the Coyote Trail at Rancho San Antonio. J. Smith, J. Kowaleski and M. Newburn, and Santa Clara County Fire responded. She regained consciousness and was transported by ambulance to Stanford. 23 B. Malone contacted a group of seven minors at the Mora water tank at Rancho San Antonio. In addition to after hours violations, they were in possession of a bottle of rum. Santa Clara County Sheriffs Office was called to determine the sobriety of the drivers. They were all cited for after hours use and given verbal warnings for the alcohol. Parents were called to pick up the juveniles. A. Correia and L. Patterson assisted. 27 K. Miller found what appeared to be materials and camping supplies for marijuana cultivation in Sierra Azul. Some items included food, fertilizer,propane gas cylinders, clothing, and 1000' of irrigation hose. 28 E. Wickham observed a vehicle enter the Monte Bello parking lot, accelerate and then turn quickly, doing a"doughnut"very near a bicyclist. The parking lot was full of visitors. E. Wickham issued an"exhibition of speed"misdemeanor citation to the driver. June Vandalism I An upper split rail was broken on the new deck at the tafoni sandstone formation. 2 A gate was removed from its hinges in Sierra Azul. 12 Fences were cut at St. Joseph's Hill. 20 A no bicycles"sign at Fremont Older was scratched. 21 A PG&E lock was cut on the former airbase at Mt. Umunhum.