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HomeMy Public PortalAbout20020925 - Agendas Packet - Board of Directors (BOD) - 02-19 Regional Open ..,. we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, September 25,2002 330 Distel Circle Los Altos,Califmia AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION The Closed Session will begin at 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. Public Em&M Performance Evaluation-Govemmol Code Section 54957 Titles of Employees Being Reviewed: A. Controller 2. Conference with Real PLQgM Negotiator-Government Code Section 54956.8 Real P -San Mateo County APN's 080-110-010, 080-370-020,and 080-380-020 Agengy Negotiator-L. Craig Britton,General Manager Negotiating P -Celia Cummings,Owner,and Herman Fitzgerald, Esq.,Representative Under Negotiations-Instructions to negotiator will concern price and terms of payment. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF TBE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS-Public SPECIAL ORDER OF THE DAY-Resolution of the Board of Directors Honoring the General Manager's 25 Years of Service. ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR-D.Little BOARD BUSINESS 7:40* 1 Approval of Recommendation to File a Letter Requesting the Depublication or Granting of Supreme Court Review in the Matter of Johnston v. Sonoma Cmft Agricultural Preservation and Open Space District-S. Schectmaii 330 Distel Circle * Los Altos, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nanette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Meeting 02-19 Page 2 2 Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement;As a Result of the Board's Evaluation of the General Manager's Performance for the Period of March 10, 2001 through March 9,2002 and Compensation Review for the Position,the Ad Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on the General Manager's Performance, and a 5%Cost of Living Salary Adjustment,Retroactive to March 9,2002;Also,Because of the Delayed State Budget Process and Other Pressing Projects it is Recommended that the General Manager be able to Sell Back up to Two Weeks of Accrued Vacation in Addition to Any Vacation Sell Back Provided by Existing Board Policy; Adopt the Attached Resolution Amending the General Manager's Employment Agreement to Reflect an Adjusted Salary of $138,557.32,a 5%Meritorious Pay Award Totaling$6,597.97,and Allowing the Sell- Back of Up to Two Weeks Accrued Vacation—D. Little 3 Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement;As a result of the Boards evaluation of District General Counsel's performance for Fiscal Year 2000-2001,the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on District General Counsel's performance in fiscal year 2001-2002 and a 5%cost of living increase for fiscal year 2002-2003,retroactive to April 1,2002;Adopt the attached resolution amending District General Counsel's Employment Agreement to reflect an adjusted 2/3-time salary of$86,117.68,a 5% meritorious pay award totaling$4,100.84,and an adjustment in vacation hours from 110 hours annually to 120 hours annually—D. Little 7:50 INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. REVISED CLAIMS 8:05* ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ToADDRmsTmEgovt": The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters duping 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 duping consideration of the Consent Calendar. RESOLUTION NO. 02-34 Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring Mr. L.Craig Britton Upon the Occasion of His 25`h Anniversary with the District WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District recognizes that the key element of its mission, its objective, its purpose—indeed its raison d'etre—is the acquisition and thereby permanent preservation of open space land;and WHEREAS,early in its history,the District determined that it needed a successful land acquisition program,and consequently hired,precisely 24 years and 364 days ago,a brash young man with the inexplicable name of"L.Craig Britton,"despite his questionable background,which included working for that well-known environmental group called Cahrans;and WHEREAS,over the years Craig, in his tireless quest to acquire significant open space,has left no acquisition opportunity unsought;no trail route unexplored;no grant unapplied for;no bankruptcy unnoticed;no reasonable offer un-countered; and no stone, literal or figurative,unturned; and WHEREAS,later in his District career,after rising through the many ranks between Land Acquisition Manager and General Manager,Craig was unanimously named to the top spot at the District by a 4-3 vote of the Board;and WHEREAS,in the past 9 years as General Manager,Craig has enthusiastically and earnestly endeavored to ensure empowered and enlivened,albeit eclectic, employment experiences for everyone energetic and emboldened enough to engage in enormous and elaborate efforts to engender,enrich,and endow the electorate with endless enjoyment of the environment and its ecological essence; and WHEREAS,during his tenure as both Land Acquisition Manager and General Manager,Craig has overseen an increase in District holdings from approximately 3,900 acres to over 47,000 acres(a 1,200-percent increase); from 8 open space preserves to 26(a 325-percent increase);and from 13 employees to 76(a 580-percent increase);however,despite his best efforts,he has been unable to reduce the number of Board members:and WHEREAS,in his 25 years with the District,through all its trials and tribulations,Craig has maintained his focus on the District's goals and objectives;has built a dedicated and tireless staff,has sustained consistent political support at the local, state,and federal levels; has created partnerships with other agencies and non-profit organizations,greatly enhancing the District's effectiveness;and has always defended and protected the District's ability to accomplish its good works. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District,on behalf of its staff and its constituents,does hereby commend, applaud,and give its highest honors to Mr. L. Craig Britton for his exemplary and unflagging work for open space,for his unwavering dedication and commitment to the ideals of the District, for his foresight,acumen,and creativity in helping to build the District into one of the premier and most successful open space districts in the country,and for his continuing work in permanently preserving,protecting,and managing an open space legacy for future generations. Adopted by the Board of Directors September 25,2002 Regional Open ,,-,, ice ------------- R-02-111 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 September 25,2002 AGENDA ITEM -1 AGENDA ITEM Approval of Recommendation to File a Letter Requesting the Depublication or Granting of Supreme Court Review in the Matter of Johnston v. Sonoma County Agricultural Preservation and QM S District GENERAL COUNSEL'S RECOMMENDATIONSW6 Approve the filing of a letter requesting the de publication or granting of Supreme Court review in the matter of Johnston y. Sonoma Cgga Agricultural Preservation and Q=Space District. DISCUSSION The District has received a request to consider filing a letter in support of the plaintiff in a case involving the Sonoma County Agricultural and Open Space District("Sonoma District'). The purpose of this Agenda Item is to request the Board's approval of filing the requested letter. The General Counsel is recommending approval of this request as it is in the best interest of the District's mission. The case involves the conveyance of a utility easement by the Sonoma District to the City of Santa Rosa. The Audubon Society had conveyed to the Sonoma District a"Forever Wild"conservation easement over 1,400 acres of land. The easement was dedicated as public open space. The City of Santa Rosa(the"City)sought to acquire a utility easement to install a portion of an extensive wastewater pipeline on the Forever Wild conservation easement. The City requested that the Sonoma District approve the conveyance of the utility easement by the Audubon Society to the City as consistent with the conservation easement held by the Sonoma District. The letter from the City informed the Sonoma District that it had the power of eminent domain and could acquire the easement by exercising that right if the Sonoma District did not approve the conveyance of the easement to the City. The City asked the Sonoma District to find the utility easement consistent with the Forever Wild easement and approve the conveyance. The Sonoma District considered the request. In the enabling legislation for open space districts such as our District and the Sonoma District,Public Resources Code Section 5542.5 creates a rebuttable presumption that open space use is the highest and best public use of property. It is the burden of the condemning agency to rebut that presumption in order to be able to condemn open space land. Therefore,the Legislature has placed a high bar for a condemning agency to scale in order to protect open space from condemnation. The Sonoma District's Board of Directors acknowledged that the utility easement was inconsistent with the Forever Wild easement,but determined that the presumption which might bar condemnation by the City had been rebutted by the circumstances under which the easement would be granted,which involved an allegedly environmentally beneficial project,many mitigation measures,and other financial consideration to be received by the Sonoma District. The Sonoma District also determined that the protections of Public Resources Code Section 5540 did not apply. This section prohibits the conveyance of dedicated open space land without the consent of a majority of the voters of the Sonoma District or a concurrent resolution of the Legislature. (Dedicated 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 BM- 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-02-1 11 Page 2 land may also be exchanged on a limited basis for open space property of equal or greater open space value). The Sonoma District determined that Section 5540 did not apply because the City had threatened to condemn the easement,and,therefore,the conveyance was not voluntary. The Sonoma District determined that the restrictions on disposing of open space land set out in Section 5540 only apply to voluntary conveyances of land. The City never filed condemnation proceedings or took any other formal steps to begin condemnation other than sending the Sonoma District a letter. The sale occurred. The plaintiff,a local environmentalist, sued the Sonoma District seeking to set aside the sale. On August 2,2002,the Court of Appeals upheld the sale. The Court agreed that Section 5540 only applies to voluntary sales,and that a mere letter threatening condemnation was sufficient to make this an involuntary conveyance not subject to the protections of Section 5540. The Court found that a mere threat of condemnation was sufficient to overcome these strict statutory limitations on the conveyance of open space property.IU Court also agreed that the protective presumption against condemning open space land could be rebutted by the finding of the Sonoma District's own Board that it had been sufficiently rebutted,and that no judicial review of this finding was needed. (In this case,the Sonoma District's Board is also the Sonoma County Board of Supervisors). The law firm of Shute,Mihaly,and Weinberger,a Bay Area law firm with extensive experience in environmental matters,is representing the plaintiff. They have asked that our District file a letter in support of the plaintiffs request that the California Supreme Court grant review of the case and reverse the decision. The General Counsel recommends that the Board approve the request to file a letter in support of review of the case or in the alternative order it to be de-published for the following reasons: The Legislature's enactment of Sections 5540 and 5542.5 provide important restrictions on the conveyance or condemnation of dedicated open space lands. In light of these restrictions,this opinion could allow an open space district to attempt to ignore those restrictions and sell off open space whenever another public agency makes a mere threat of condemnation. This case could weaken those protections and undermine the legal provisions the Legislature established to protect open space. While state law permits a public agency to file condemnation proceedings to acquire open space land,the condemning agency should be required to fulfill the requirements of the law and establish that the presumptions barring condemnation have been rebutted and a court should sanction this finding. More than a mere letter should be required to acquire open space in this manner. The District should also request depublication of the case,in the event the Court does not grant review. Depublication means that the case is never officially published and cannot be cited as precedent in any other case. It would apply only to this particular litigation involving Sonoma County. Because of the importance of this case to open space protection and because this question has never been directly addressed by a court before,the General Counsel recommends approval of a request to file a letter in support of the plaintiff. Prepared by: Susan Schectman,General Counsel Contact Person: Same as above Regional Open .,,, .ice R-02-108 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 September 25, 2002 AGENDA ITEM 2 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS l. As a result of the Board's evaluation of the General Manager's performance for the period of March 10, 2001 through March 9, 2002 and compensation review for the position, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on the General Manager's performance and a 5% cost of living salary adjustment for fiscal year 2002-2003, retroactive to March 9, 2002. Also, because of the delayed State Budget process and other pressing projects it is recommended that the General Manager be able to cash out up to 2 weeks of accrued vacation in addition to any vacation cash-out provided by the District's Personnel Policies and Procedures Manual. 2. Adopt the attached resolution amending the General Manager's Employment Agreement to reflect an adjusted salary of$138,557.32, a 5%meritorious pay award totaling$6,597.97, and allowing the cash out of up to 2 weeks accrued vacation. DISCUSSION The Board completed its annual evaluation of the General Manager's performance and compensation for the position at its September 11, 2002 meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of Directors Little(Chair), Davey, and Siemens, met with the General Manager to review his compensation. Based on the General Manager's performance, the Committee recommends a cost of living adjustment (COLA) of 5%, which is the same COLA received by all District employees for fiscal year 2002-2003. The General Manager's adjusted salary will be $138,557.32. This increase will be retroactive to March 9, 2002, the anniversary date for his Employment Agreement. The Employment Agreement calls for an annual salary review and contemplates a determination of an adjustment each anniversary date; therefore, a retroactive date for this adjustment is appropriate. The Committee also recommends that the General Manager be authorized to cash out up to 2 weeks of accumulated vacation in addition to the vacation cash-out provisions of the District's Personnel Policies and Procedures Manual. Based on the Board's review of the General Manager's performance during the evaluation period, the Committee also recommends that a 5%meritorious pay award($6,597.97)be granted the General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during his year of service from March 10, 2001 through March 9, 2002. The Board is very pleased with the General Manager's overall performance during the past year. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org 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-02-108 Page 2 Significant accomplishments included: • The hiring of 20 positions, including 2 promotions and 18 new hires. • The Workplace Enhancement Plan(WEP) implementation is ongoing, with regular department meetings as well as individual meetings and a new ongoing WEP evaluation system for Management Tenn. • The District acquired an additional 1,267 acres of land, including completion of the Bear Creek Redwoods(POST) acquisition, the 196-acre McKannay property and 40-acre Daloia property additions to Sierra Azul Open Space Preserve; completion of the 22-acre Paulin property purchase at La Honda Creek Open Space Preserve; and purchase of the 24-acre Ham, et al. property in Stevens Canyon adjacent to Monte Bello Open Space Preserve. These purchases included $5,150,000 in grants and $5,000,000 in gifts to POST. • The District transferred its insurance from commercial carriers (for the last 29 years)to the California Joint Powers Insurance Authority(CJPIA), creating over$200,000 in premium savings in the first year. • Obtained new grants: (1)A Habitat Conservation Fund grant for the POST Tunitas Creek property purchase in the amount of$462,500; (2)A Habitat Conservation Fund grant in the amount of$226,000 grant for the POST Loma Prieta Ranch property purchase(making a total of$500,000 in grants for this purchase); (3) $250,000 in grants from the Bay Area Ridge Trail Council - $175,000 for acquisition and $75,000 for trail planning and construction; (4) A$157,000 Land and Water Conservation Fund grant for the Pulgas Ridge staging area; and (5)A$70,000 Federal Recreational Trail Program Grant for the staging area at Jacques Ridge in Sierra Azal. • Grant projects completed: (1)Received$2,399,000 in per capita grant funds from Proposition 12 for the Connor, Lobner and Williams properties; (2)Currently applying for$1,253,789 in Roberti-Z'berg funds from Proposition 12 for the McKannay property purchase; (3)Received $70,000 in federal Recreational Trail Program grant funds for the El Corte de Madera trail realignment and tafoni deck and trail. • The Board approved public comment circulation of the revised Draft Service Plan and Draft Environmental Impact Report(DEIFL)for the San Mateo Coastal Annexation Project. • Initiated a 5-year strategic plan process for the Resource Management Program, including holding 3 public workshops for public and Board input. • New Budget Growth Guidelines were developed with the Administration and Budget Committee and were adopted by the Board. • Completed the"Red Barn" restoration at La Honda Creek Open Space Preserve. • Flag poles installed at all three work locations. Submitted by: Ad Hoc Board Appointee Evaluation Committee (Directors Little, Davey and Siemens) Contact person: President C. Deane Little RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 2002-2003 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR TIE GENERAL MANAGER AND APPROVING AMENDMENT TO GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Nfidpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review, which the Board has completed; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a 5%cost of living adjustment, increasing his salary to $138,557.32 per annum retroactive to March 9, 2002; and WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant him meritorious pay of 5% or$6,597.97 over and above Brittods salary in recognition of his outstanding performance during the previous year of service; and WHEREAS, the Board would like to give Britton the opportunity to cash-out up to 2 weeks of already accrued vacation time, because of the often delayed state budget and other pressing General Manager workload matters that sometimes make it impossible for Britton to use vacation leave each fiscal year in a typical manner; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Nfidpeninsula Regional Open Space District do authorize the President of the Board of Directors or other appropriate officer to execute the attached Seventh Amendment to the General Manager Employment Agreement on behalf of the M[idpeninsula,Regional Open Space District to increase the General Manager's salary to $138,557.32 per annum based on a 5% cost of living salary adjustment, retroactive to March 9, 2002, and to permit the opportunity to cash-out up to 2 weeks of accrued vacation leave in addition to the vacation cash-out provision of the District's Personnel Policies and Procedures Manual; and BE IT FURTHER RESOLVED that the Board of Directors of the Nfidpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution a 5% meritorious pay award in the amount of$6,597.97 over and above the General Manager's salary for meritorious service in fiscal year 2001-2002. SEVENTH AMENDMENT To EMPLOYMENT AGREEMENT GENERAL MANAGER WHEREAS the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agr t("Agreement"), dated March 9, 1994,with L. Craig Britton employing Britton as the District's General Manager; and WHEREAS,the Agrt was last amended on July 25,2001; and WHEREAS,the Agreement provides for an annual review of the General Manager's performance and an annual compensation review, and WHEREAS,the Board has completed its annual review and desires to adjust the General Manager's current compensation to include a 5%cost of living increase,increasing his salary to $138,557.32 per annum,retroactive to March 9, 2002. NOW,THEREFORE,the parties agree that the Agreement shall hereby be modified as follows: 1) Effective retroactively to March 9,2002, Section 3(a)is hereby amended to read as follows: (a) Salary. As conVensation for the services to be perfornied hereunder,Britton shall receive a salary at the rate of$138,557.32 per annum District's Board of Director's(the"Board") shall review ewBritt ons performance and salary ryannuall . 2) Section 3(d)is hereby amended to read as follows: (d) Vacation.Holiday. did Sick Leave Britton shall continue to earn vacation,holiday and sick leave at the current rate of accrual in accordance with the Manual. In addition to the vacation cash-out provisions of Section 6.3(f)of the Manual,the General Manager may elect to cash-out up to eighty(80)additional hours of vacation leave. It is further agreed that in all other respects the Agreenvnt is hereby ratified and reaffirmed. In witness whereof,the parties have executed the Anmdment this 25 h day of September,2002. By: C. Deane Little,President L. Craig Britton, General Manager Board of Directors Date: terriber 25. 2002 Date: SWtgnber 25.2002 ATTEST: By: Sally Thielfoldt,District Clerk Date: SgIernber 25,2002 Regional Open S, ce ............... .......................... R-02-109 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 September 25, 2002 AGENDA ITEM 3 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement AD HOC BOARD APPQWEE EVALUATION CQN-0-WITITMEE BE-CONRyIENDATIONS 1. As a result of the Board's evaluation of District General Counsel's performance for Fiscal Year 2001-2002, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on District General Counsel's performance in fiscal year 2001-2002 and a 5% cost of living increase for fiscal year 2002-2003, retroactive to April 1, 2002. 2. Adopt the attached resolution amending District General Counsel's Employment Agreement to reflect an adjusted 2/3-time salary of$86,117.68, a 5%meritorious pay award totaling $4,100.84, and an adjustment in vacation hours from 110 hours annually to 120 hours annually. DISCUSSION The Board conducted its annual evaluation of District General Counsel's performance and compensation for the position at its September 11, 2002 meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of President Little(Chair)and Directors Davey and Siemens, met with District General Counsel to review her compensation. The District General Counsel's current 2/3-time salary is$82,016.84 annually. The Committee recommends,based on District General Counsel's performance in fiscal year 2001-2002,that the Board approve a salary adjustment for District General Counsel as follows: a cost of living adjustment(COLA) of 5%, which is the same COLA received by all District employees for Fiscal Year 2002-2003. The District General Counsel's adjusted 2/3-time salary would be $86,117.68. The Committee also recommends granting District General Counsel's request to increase her vacation hours from 110 hours annually to 120 hours annually. Based on the Boards review of District General Counsel's performance during the past fiscal year, the Committee also recommends that a 5%meritorious pay award($4,100.84)be granted. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during the year. The Board is very pleased with District General Counsel's overall performance during the past year. Significant accomplishments included: 330 Distel Circle e Los Altos, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org a Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hasse",Kenneth C.Nitz - General Manager:L.Craig Britton R-02-109 Page 2 LITIGATION • MROSD v. PAULIN: La Honda Creek Open Space Preserve. Successfully completed settlement negotiations that resulted in the defendants' agreement to sell the Paulin property to the District. Negotiated the Purchase Agreement and Settlement Agreement. • MROSD v. WOZNIAK: Bear Creek Redwoods Open Space Preserve. Worked with staff and outside counsel to commence litigation to obtain an injunction, temporary restraining order, and damages as a result of property damage by a neighbor. • hIARQM v. MROSD: Thomewood Open Space Preserve. The District was sued as a result of injury to a recreational user injured in a rope swing accident. Worked with insurance counsel to file a demurrer citing statutory recreational immunities. Plaintiffs counsel agreed to dismiss the matter. • QUADALUPE RIVER WATERSHED MERCURY REMEDIATION PROCEEDINGS Interviewed and recommended specialized outside counsel to represent the District's interests in the NRDA regulatory proceedings; oversaw in-house and special counsel's work on seeking a favorable settlement in the matter. • RICHMOND v .MROSD: El Sereno, Open Space Preserve. Completed negotiated settlement of this litigation in which the plaintiff sought damages from the District due to an adjacent landslide on the Krone Bishop property. Negotiated and drafted a settlement agreement and purchase agreement by which the plaintiff resolved the matter by selling the Richmond parcel to the District. REAL PROPERTY • Worked with staff to draft a Permit to Enter for San Jose Water Company to enter the District's El Sereno Open Space Preserve to construct the water system contemplated in the KronetBishop Property purchase. • Worked with the staff at POST to provide input into the Driscoll acquisition Agreements to protect and provide for the District's interests should the property be acquired by the District. • Provided legal advice to the Acquisition Department on other major acquisitions, particularly: Ham/Mitchell property(Monte Bello Open Space Preserve: acquisition of 2/3 interest in property subject to a federal judgment lien);McKannay Property(Sierra Azul Open Space Preserve: acquisition of property subject to multi-party District financing and hazardous waste issues); and Lobner Property(Monte Bello Open Space Preserve: amendment to Purchase Agreement to resolve survey and lot line adjustment issue caused by the location of structures owned by a neighbor on District land). R-02-109 Page 3 COASTAL ANNEXATION PROJECT • Drafted revised District CEQA Guidelines to govern the development, circulation, and approval of the Environmental Impact Report for the Annexation Project, as well as to serve as a more up-to-date and efficient set of guidelines for all District projects subject to CEQA. • Provided legal review of project documents. 0 Drafted revised Eminent Domain Ordinance and Amended Annexation Policy. • Provided advice concerning LAFCO issues. ADMMTRATTO • Drafted revised Board Policy for Public Contract Bidding, Vendor, and Professional Consultant Selection and Purchasing. • Provided legal review of self-insurance coverage to be provided by the California Joint Powers Insurance Authority to insure the District would continue to be provided with appropriate and necessary coverage in areas of exposure; assisted Administration Department in the transition from commercial to self-insurance. Submitted by: Ad Hoc Board Appointee Evaluation Committee (President Little, Directors Davey, and Siemens) Contact person: President C. Deane Little RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR DISTRICT GENERAL COUNSEL AND APPROVING AN AMENDMENT TO DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Nfidpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1996, with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and an annual compensation review; and WHEREAS, the last annual compensation adjustment for the General Counsel was approved in June 27, 2001, retroactive to April 1, 2001; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust District General Counsel's compensation to include a 5% cost of living increase for fiscal year 2002-2003, retroactive to April 1, 2002, thereby increasing her salary to $86,117.68 per year; and WHEREAS, the Board, based on its annual review of Schectman's performance, desires to grant her a meritorious pay of 5%, or$4,100.84 over and above Schectman's salary, in recognition of her performance during Fiscal Year 2001-2002. NOW, THEREFORE,BE IT RESOLVED that the Board of Directors of the Nfidpeninsula Regional Open Space District does authorize the President of the Board of Directors to execute the attached Sixth Amendment to District General Counsel Employment Agreement on behalf of the Nfidpeninsula Regional Open Space District to increase District General Counsel's salary to $86,117.68 per year based on a 5%cost of living adjustment, retroactive to April 1, 2002 and increasing District General Counsel's annual vacation hours from 110 hours to 120 hours. BE IT FURTHER RESOLVED that the Board of Directors of the Nfidpeninsula Regional Open Space District does grant District General Counsel, by adoption of this resolution, a 5%meritorious pay award in the amount of$4,100.84 over and above District General Counsel's salary for meritorious service in Fiscal Year 2001-2002. Sixth Amendment to Employment Agreement District General Counsel VAffYXAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain District General Counsel Employment Agreement("Agreement'), dated March 13, 1996,with Susan M. Schectman,employing her as the District's General Counsel; and WHEREAS,the Agreement provides for an annual review of District General Counsel's performance and compensation; and WHEREAS,the Board has completed its annual review and desires to adjust District General Counsel's current compensation. NOW,THEREFORE,the parties agree that the Agreement shall hereby be further modified as follows: I Section 5(A)is hereby amended to read as follows: A As compensation for services to be performed hereunder,Attorney shall receive a salary at the rate of$86,117.68 per calendar year. 2. Section 5(H)is hereby amended to read as follows: H. Attorney shall earn vacation and leave as set forth in the District's"Personnel Policies and Procedures Manual"and"Administrative Leave Program for Managers"pro-rated at 67%of applicable amounts, except that Attorney shall receive 120 hours of vacation leave which shall be credited to Attorney's vacation leave balance on January Ist of each calendar year. It is further agreed that in all other respects District General Counsel Employment Agreement is unmodified and shall continue in full force and effect. In witness thereof,the parties have executed the Amendment this 25th day of Stember 2002. MWPENINSULA REGIONAL OPEN SPACE DISTRICT By: Deane Little,President of the Susan M. Schectman,District General Counsel Board of Directors Date: September 25,2002 Date: Sotember 25. 2002 ATTEST: Sally Thielfoldt,District Clerk Date: Sotgnbff 25, 2002 Claims No. 02-15 Meeting 02-19 Date 09/25102 Midpeninsula Regional Open Space District # Amount Name Description 4450 $8,959.20 2M Associates Coastal Annexation Consultant Study 4451 $1,086.78 Acme&Sons Sanitation Sanitation Services 4452 $203.29 ADT Security Services Burglar Alarm Service 4453 $237.93 All Chemical Disposal,Inc. Chemical Identification Services 4454 $1,123.91 Allied Auto Works Vehicle Service and Repairs 4455 $317.52 ANG Newspapers Legal Advertisement-EIR 4456 $484.14 AT&T Wireless Cellular Phone Service 4457 $8,189.58 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 4458 $655.12 Beck's Shoes Inc. Uniform Shoes 4459 $6,990.70 BNY Western Trust Company Note Paying Agent Fees 4460 $244.98 Browning-Ferris Industries Refuse Services 4461 $92.61 Butler's Uniforms Uniform Expense 4462 $190.45 California Water Service Company Water Service 4463 $6,380.31 Carter Industries Vehicle Supplies 4464 $1,238.93 Cascade Fire Equipment Company Field Supplies 4465 $35.07 Cotterel,Scott Reimbursement-Uniform Expense 4466 $11.90 Foster Brothers Keys&Locks 4467 $8,347.50 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4468 $67.57 G&K Service Shop Towel Service 4469 $419.66 Glenn Young Picture Framing 4470 $902.76 Goodco Press,Inc. Printing Services&Business Cards 4471 $80.00 Hooper,Stan Reimbursement-Color Print-Staff Recognition 4472 $162.38 Indoff Incorporated Office Furniture-Planning Department 4473 $5,926.50 Jakaby Engineering Consulting Services-Virginia Mill Trail-ECDMC 4474 $50.00 Jim Davis Auto Vehicle Smog Tests 4475 $2,500.00 Kier&Wright Civil Eng.&Surveyors,Inc. Consulting Services-Monte Bello OSP 4476 $3,028.92 Locus Technologies Legal Services-Guadalupe River Watershed 4477 $614.00 Los Altos Garbage Co. Refuse Services 4478 $123.99 MCI Long Distance Telephone Service 4479 $55.00 Nitz,Ken Reim.Conference-Committee for Green Foothills 4480 $12,685.80 Nolan,Zinn,and Associates Consulting Services-Sierra Azul&ECDMC 4481 $1,667.48 *1 Office Depot Office Supplies 4482 $352.00 Office Team Front Desk Temporary Help 4483 $1,582.52 Pacific Bell Telephone Service 4484 $535.94 Pacific Water Systems Water Supplies-Enterprise Rental 4485 $144.46 PhotoTime Scanning of Slides for Coastal Power Point Presentation 4486 $487.90 PIP Printing Volunteer Newsletters&Purchase Order Forms 4487 $6,150.00 Platinum Roofing,Inc. Re-roofing-Skyline Rental Unit 4488 $769.85 QuantumLink Communications Long Distance Telephone Service 4489 $36.13 Rayne Water Conditioner Rental 4490 $3,417.44 Remington,Eric Wildlife Consultant 4491 $210.00 Rene Hardoy Repair-Sprinkler System-Skyline 4492 $39.36 Robert's Hardware Field Supplies&Equipment 4493 $1,744.10 Roy's Repair Service Vehicle Repairs&Service 4494 $168.87 Safety Kleen Oil Recycling 4495 $51.93 San Mateo County Times Subscription 4496 $44.00 Santa Clara County-Office of Sherriff Fingerprinting Page 1 of 2 Claims No. 02-15 Meeting 02-19 Date 09/25/02 Midpeninsula Regional Open Space District # Amount Name Description 4497 $670.34 *2 Shell Credit Card Center Fuel 4498 $215.45 Skyline County Water District Water Service 4499 $85.21 Stevens Creek Dodge Vehicle Supplies 4500 $800.00 System for Public Safety Recruitment-Background Research 4501 $114.24 Tony&Albas Pizza Local Business Meeting Expense 4502 $11.04 United States Postmaster Postage 4503 $141.68 Valley Automatic Gate Service Gate-Rancho San Antonio 4504 $510.94 West Tek Supply,Inc. Plumbing Supplies 4505 $1,155.32 Winters,Krug&Delbon Legal Fee's-Paulin Acquisition Total $92,512.70 *1 Urgent Check Issued 9/17/02 *2 Urgent Check Issued 9/17/02 Page 2 of 2 Regional Open Space _._. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: September 20, 2002 Re: FYI's 330 rite)Circle • Los Altos,CA 94022-1404 • Phone:650.691-1200 Fax:650-691-0485 9 E-mail: mrosd@openspace.org • Web site: www.opensparce.org Midpeninsula Regional VoluOpen Space me e r Involvement District IN'Y Program r � EDUCATE PROTECT RESTORE y _ r +r; t', "N�'"•Ew�e I~t t Volunteer ree en and Release of L 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT District Mission Statement 1. Agreement: I understand that I am an important and designated representative of the Midpeninsula Regional Open Space District, "To acquire and preserve a regional greenbelt of and i agree to work with the District in achieving its mission. I open space land in perpetuity;protect and restore agree to perform my volunteer duties professionally and in accordance with this Agreement and the guidelines as set out in the natural environment;and provide the Volunteer Involvement Program Guide. opportunities for ecologically sensitive public 2. Agreement: I agree to comply with the District's Land Use enjoyment and education." Regulation Ordinances 93-1, 96-1, and 01-01 pertaining to responsible stewardship of District lands. 3. Agreement: I agree to adhere to the procedures set out in the WELCOME District Volunteer involvement Program Guide. Welcome to the Midpeninsula Regional Open Space District's 4. Agreement: If volunteering as a Docent or Trail Patrol member, Volunteer Involvement Program. Every year more than 600 1 agree to make a commitment to serve the District for a minimum people volunteer with the District. The invaluable energy and of one year after the completion of my training. achievements they bring to our public programs cannot be 5. Agreement: I agree that it is my desire and intention to perform overstated. Indeed,volunteers are very often the primary, if not voluntary services for the District without financial or material the only,contact that members of the public have with the compensation of any kind. District. It is no exaggeration to say that it is only because of the 6. Agreement:I understand that my volunteer services may be partnership we have with our volunteers that the District's terminated at anytime at the sole discretion of the District. mission is fully realized and recognizable to the public. 7. Agreement: i understand i must sign this Agreement in order to be part of the District's Volunteer involvement Program. As a District volunteer,you have many options open to you: you can patrol trails on foot, bike, horseback,or with your dog;teach environmental concepts to school children; provide outreach and education at community events; and even help out in the administrative office. To ensure that you are fully informed about the District's mission,policies,and guidelines,we give you a general orientation and provide a copy of the Volunteer Involvement Program Guide(VIP Guide),which outlines the opportunities,duties,and responsibilities of volunteers. If you choose to become a docent or trail patrol member,we offer further specialized training and ask that you make a commitment - to serve the District for a minimum of one year. . VOLUNTEER AGREEMENT The public perceives the decisions and actions of each volunteer VOLUNTEERS UNDER T H E as direct reflections on the District itself. And we, too,consider each volunteer an official,designated District representative. AGE O F That is why we are asking you to sign this Volunteer Agreement 18 stating that you understand and agree to the responsibilities, If you are under 18, you are welcome to become part of the District's potential hazards, benefits, and other conditions of volunteering volunteer program! Volunteering on behalf of open space is an with the District. You must sign this Agreement and have it on important responsibility and a great opportunity to learn firsthand file with the District in order to be a District volunteer. about the natural world. It is also true, however,that if you are under the age of 18,your parent or guardian needs to understand and sign At some point it is possible, perhaps even inevitable,that you this Agreement for you. Your parent or guardian is also responsible may question or disagree with a District policy or decision. If this for all your actions while you are carrying out any volunteer should happen, please don't hesitate to discuss the situation with responsibilities. District staff, and remember it is very important that you continue to carry out your volunteer responsibilities professionally and in 8. Agreement: I understand that if I am under the age of 18, i accordance with the Volunteer Agreement and the guidelines set must have my parent or guardian sign this Agreement on my out in the VIP Guide. In the unlikely event we should consider behalf prior to my engaging in any volunteer service with the your conduct inconsistent with the District's mission, policies,or District. guidelines,the District has sole discretion and may terminate your services as a volunteer. SAFETY WORKERS' COMPENSATION We at the District take the safety of our volunteers very seriously. One of the many benefits you receive as a District volunteer is For this reason,volunteers receive various types of safety training, your coverage by Workers'Compensation when performing your including the proper use of certain tools, identification of potential volunteer services. In other words, if you are injured while hazards, and what to do in case of an emergency. Working on open volunteering for the District, your medical care will be covered by space preserves entails potential exposure to such hazards as ticks, the same Workers'Compensation benefits the District provides rattlesnakes, and poison oak. Some trails are rugged and remote. for its employees. The only stipulation of this coverage is that These risks are a natural part of open space, and as a volunteer Workers'Compensation is the sole compensation you will seek you must be aware of, and be willing to accept,these risks. to receive from the District for your injuries. Some of your activities as a volunteer could also demand a higher It is important that you immediately report to District staff any level of physical fitness. While we do nothing to limit your injury you receive while volunteering.You must also complete opportunities,you must select your activities responsibly and only the necessary paperwork and follow all Workers' Compensation assume tasks for which you are physically fit. For example, if you procedures. choose to become a trail patrol member and have limited hiking experience,don't patrol the remote areas of any preserve. 13.Agreement: /understand and agree that in the event! am injured while performing authorized volunteer services As a District volunteer,your safety as well as the safety of others for the District, the District will provide Workers' must be of the highest priority, as it is for all of us who work for the Compensation benefits to me. Accordingly,I also District. While serving as a volunteer, you are responsible for your understand and agree that my sole remedy for any injury actions with respect to the property,safety, and well being of all to me while performing volunteer services for the District members of the public involved in your activities. will be Workers'Compensation benefits, and that/will not receive any other type of compensation from the District. 9. Agreement: I am fully aware of the possible hazards of volunteering for the District, and I am aware that in volunteering I may incur personal injury and/or damage to my personal property. i understand that my volunteer services may involve a variety of physical hazards including, but not limited to, the use of hand and power tools;exposure to ticks,rattlesnakes, and poison oak; extremely rugged, uneven, steep or remote terrain;and various other natural or human-caused hazards. 10.Agreement: I attest that I am physically it,able, and qualified to participate in these volunteer activities, and that i am entering into these activities with full knowledge of the risks involved, i agree to accept any and all risks of personal injury, death,and/or property damage. 11.Agreement: I agree to assume responsibility for,and indemnify the District for, any injury to any person, or damage to their property, caused by me while i am serving as a District volunteer. RELEASE OF LIABILITY A release of liability is a common occurrence these days. When registering for most activities, you will find that the sponsoring PHOTO RELEASE organization requires a release of its liability: joining a health club,going to a theme park,or enjoying a whale-watching At times District staff and/or representatives take photographs of excursion all require some form of liability release. So we,too, docent hikes,outdoor education classes,or special events. These ask you to sign a release of liability as a part of the District's photos are occasionally used for District publications, presentations, prudent risk management practices,and in order to protect the or other media-related purposes. As volunteers may often be District and its taxpayers from potential frivolous lawsuits. included in these photos, we would like your permission to use photographs in which you might appear. 14.Agreement: I hereby release the District,its officers, employees, and agents from any claims, lawsuits, or 12.Agreement:l understand and agree to the District's use of my actions/, my heirs, or legal representatives may have photograph for District publications,presentations, and/or other for any personal injury and/or property damage I may media-related purposes. incur as a result of my volunteer services. .. ENT PROGRA . Midn VOLUNTEER Regional Open Space District AGREEMENT AND --� � - RELEASE OF LIABILITY THIS AGREEMENT AND MY RELEASE OF ALL LIABILITY IS ENTERED INTO ON: Date VOLUNTEER SIGNATURE IF VOLUNTEER IS A MINOR HAVE READ AND UNDERSTAND THE IF VOLUNTEER IS A MINOR (UNDER THE VOLUNTEER AGREEMENT AND RELEASE OF AGE OF 18), THIS FORM MUST BE SIGNED LIABILITY. BY PARENT OR LEGAL GUARDIAN. Name of Volunteer: Name of Parent or Legal Guardian: Signature of Volunteer: Signature of Parent or Legal Guardian: Mid peninsula Regional Open Space Dis trict 7"role"c ;PWesto►re- d e Page 1 of 1 Lisa Zadek From: Lisa Zadek<Izadek(gopenspace.org> To: <Henry_PastorelliQMolDev.com> Cc: Lary Hassett<larry@paloaltohardware.com>;John Escobar<jescobar(Mopenspace.org> Sent: Thursday, September 19, 2002 3:56 PM Attach: Henry Pastorelli 9-11-02 .doc Subject: Henry Pastorelli Letter Dear Mr. Pastorelli, At their Regular Meeting on September 11, 2002, the Board of Directors of the Midpeninsula Regional Open Space District approved the attached letter to be sent to you and Mr. Eric Rumpf. Mr. Rumpf's copy will be mailed via the U. S. Postal service, per his request. Sincerely, Lisa Zadek Assistant District Clerk Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 650-691-0485 - Fax www.opgnsWce.org 9/19/02 Regional Open Space MIMWAR"MUCIf"L CIPVV SPACE Disnuff September 11, 2002 Mr. Henry Pastorelli e-mail: Henry_yastorelli@MolDev.com RE: August 4, 2002 Director's Docent-Led Hike at Long Ridge Open Space Preserve Dear Henry, Board President, Deane Little, requested that I respond to your letter on the Board's behalf, since I am the Board Member that was directly involved in the incident referred to in Mr. Rumpf s e- mail. The Board reviewed your e-mail to Deane Little and Mr. Rumpf s attached e-mail at their regular meeting on September 11, 2002 and approved this letter as the District's formal response. The incident described in Mr. Rumpf s e-mail occurred on the Peters Creek loop at Long Ridge Open Space Preserve on Sunday August 4h near the end of my"Hike with a Director" docent hike. Our group of about 15 had enjoyed an outstanding day on the Preserve. While we had encountered numerous mountain bicyclists, our contacts prior to this incident had all been extremely positive and amicable. Our group was headed downhill, on a very narrow section of the Loop Trail as Mr. Rumpf and a companion approached the group from the rear. The group had become spread out over about 150 feet of trail. I was at the front of our group when I began to hear shouts from several of our hikers asking the bicyclists to slow down. When I looked back the bicyclists had already passed most of our group and were quickly approaching the four or five of us grouped near the front. As the hike leader, I became immediately concerned for the safety of group. Despite several requests from our group, it did not appear that the bicyclists had reduced their speed as they passed additional hikers. In order to insure that the bicyclists understood our concerns, and to insure everyone's safety, I remained in the middle of the trail as Mr. Rumpf rode towards me. To assure Mr. Rumpf did not run into me, I briefly placed my hands on the handlebars of his bicycle. In no way did I physically accost Mr. Rumpf, nor attempted to intimidate him. However, in retrospect, I have to admit, at that moment, I was not as tactful or diplomatic as perhaps I could have been. I regret any lack of politeness I may have shown Mr. Rumpf. This initial contact was very brief and ended quickly. Fortunately, when our group reached a clearing just a hundred yards ahead, Mr. Rumpf and his riding companion were waiting to Mdpeninsuln Regional Open Spam District 330 Distei Circle o Los Altos,CA 94022-1404 • Phone:650-691-1200 September 11, 2002 Henry Pastorelli Page 2 further discuss the incident. Our docent skillfully moved the group ahead. I remained behind to talk to Mr. Rumpf. I appreciated very much that Mr. Rumpf had waited for me in order to discuss the incident, and I feel we had a chance to discuss our encounter in a polite, civil, and productive manner. Since your initial e-mail regarding this incident, staff has interviewed Mr. Rumpf and several of the hike participants. Staff reported that perceptions of those present vary widely regarding whether or not Mr. Rumpf's speed was appropriate for the conditions and in accordance with District rules and regulations. However, in retrospect I have to conclude it was inappropriate of me to place my hands on the handlebars of Mr. Rumpf s bicycle, however briefly. I agree that user conflicts should be handled respectfully and I have asked staff to remind our volunteers and docents that diplomacy is always the best choice. I will continue to carry out my duties as a Board member with fairness and objectivity to all preserve users. My comments to Mr. Rumpf in that incident were in response to what I perceived as an immediate threat to the safety of the group and in no way reflect a predetermined point of view on my part regarding mountain bicycle trail use issues. Despite this unfortunate incident, I shared a wonderful day at Long Ridge with the group members and the dozens of mountain bicyclists we met along the trail. Sincerely, Director-Ward 6 cc: Eric Rumpf MROSD Board of Directors blidpeninsuls Regional Open Space I)Isftict 330 Distel Circle • Im Altos,CA 94022-1404 • Phone:650-691-1200 MEMORANDUM MIDPENIN$LLA REGIONAL OPEN SPACE DISTRICT To: All District Staff (--- From: L. Craig Britton, General anager Subject: Policies and Procedures for Display of the Flag of the United States of America at the Administrative and Field Offices. Date: September 12,2002 In order to ensure consistency between the offices, and proper respect for our national flag, the following standards are adopted for the care and display of the flag of the United States of America and the State of California. Care of the Flag 1. Flags should not be flown during inclement weather(rain, snow, etc.), unless flags are "all- weather." 2. Upon being removed, the American flag should be folded into the shape of a tri-cornered hat. See the attached pages for information on how to properly fold the flag. Note that this only applies to the American flag,not the California flag. 3. When not on the flagpole,the flags should not be left unfolded, nor should they be allowed to touch or lie on the ground. 4. If the flags are not lit, then they shall removed from the flagpole each evening prior to sunset. 5. At the Administrative Office, the flags will not normally be flown during extended holiday weekends or during the winter holiday closure. Flying the Flag at Half Staff 1. The flying of flags at half staff shall be coordinated among the three offices. The Operations Manager is responsible for coordinating this, and approval shall be obtained from him/her prior to flying flags at half staff. When a staff member is aware of a situation which would seem to be appropriate to fly the flags at half staff(i.e. death of an appropriate ranking national or international figure or local public safety officer)he/she should advise the Operations Manager and obtain direction. 2. The flag should also be flown at half staff on the following days: May 15 —Peace Officers' Memorial Day July 27—Korean War Veteran's Day Memorial Day—(flag shall be flown at half staff until noon). September 11 —Patriot Day December 7—Pearl Harbor Day 3. To display the flag at half staff, first raise it briskly to the full height, then lower it ceremoniously to half staff. When an office is closed, and no staff are available to lower the flag to half-staff,then the flag should not be flown. 4. Questions regarding the display or care of the flags should be directed to the Operations Manager. CADATA\Other Information\District Flag Standards.doc Flag Folding As an Army and Navy custom, the flag is lowered daily at the last note of retreat. Special care should be taken that no part of the flag touches the ground. The Flag is then carefully folded into the shape of a tri-cornered hat, emblematic of the hats worn by colonial soldiers during the war for Independence. In the folding, the red and white stripes are finally wrapped into the blue, as the light of day vanishes into the darkness of night. This custom of special folding is reserved for the United States Flag alone. How to fold the Flag Step 1 To properly fold the Flag, begin by holding it waist-high with another person so that its surface is parallel to the ground. Step 2 open edge MOM a folded edge i Fold the lower half of the stripe section lengthwise over the field of stars, holding the bottom and top edges securely. Step 3 Folded edge open edge S9 4 Folded edge Fold the flag again lengthwise with the blue field on the outside. Step 4 open edge i i R Folded edge Make a triangular fold by bringing the striped corner of the folded edge to meet the open (top) edge of the flag. Step 5 Turn the outer (end) point inward, parallel to the open edge, to form a second triangle. Step 6 The triangular folding is continued until the entire length of the flag is folded in this manner. Step '7 Pr When the flag is completely folded, only a triangular blue field of stars should be visible. s rA. r L t A « :' NEW BAY TRAILGRANTS Four exciting new Bay Trail grants were recently authorized by the State Coastal Conservancy: BAY TRAIL IN UPCOMING City of Martinez - Martinez Regional Shoreline ($60,000) BAY NATURE MAGAZINE Martinez is conducting a planning study as the first phase of a larger Look for project to construct a continuous Bay the BAY Trail along the City's shoreline. The TxAm in the study will identify a feasible alignment, - _ upcoming 7L Tn1�including railroad crossings,for the (fall)editionBA 111 lJ AG section between Carquinez Scenic Drive of Bay to the west and Berrellessa Avenue Nature Magazine. The spread will feature a downtown. The larger project,which w regional map of the Bay Trail and highlight the Bay Trail intends to help fiord,will five completed Bay Trail routes. Accompany- continue east to the Benicia/Martmez Bridge. ing photos and descriptions of the routes will give readers a feel for the local character and City of Larkspur-Corte Madera Creek Crossing Study nature,hopefully enticing new exploration of ($60,000) the Bay Trail. Larkspur will conduct a feasibility study evaluating alternative routes for a 1-mile stretch of the Bay Trail be- tween the end of the pathway in Corte Madera and the pedestn'an/bicycle pathway along East Sir Francis Drake y CHANGES ON BAY TRAIL Boulevard. The study will address possible improvements to the existing BOARD Bay Trail alignment,which currently requires bicyclists and pedestrians to cross over and under Highway 101 in a circuitous manner. The Bay Trail Board recently voted in two new Directors,Dan Hodapp and Ron City of Palo Alto - East Palo Alto Bay Trail ($70,000) Schafer. Hodapp brings to the Board a The City of Palo Alto will construct wealth of experience as a planner,urban de- and improve 1 mile of Bay Trail along signer,and landscape architect for the Port of the edge of the Faber-Laumeister San Francisco. His knowledge of waterfront Marsh in East Palo Alto,connecting - ' and open space planning will a valuable addi- the existing Bay Trail in Palo Alto Bay tion to the Board. Schafer is District Superin- ;ra: : lands with an area near the aven- y ' ��. ;y tendent for the Bay Area District of California swood Open Space Preserve.Trail con . ; State Parks. His district includes two parks struction will involve wi enuig and within Bay Trail alignment-Candlestick paving the existing trail corridor. Point State Recreation Area and the planned Eastshore State Park. He has extensive expe- Paden Parent Teacher Association-Paden School ($18,000) hence in trail planning and design. A Bay Trail grant was recently autho- rized for planning and design of a pos- Bay Trail Board and Staff would also like to Bible new 750-foot spur trail around offer a heartfelt thank-you and farewell to Paden Elementary School in Alameda, c departing Directors Carol Nelson,Califor- connecting to the planned Bay Trail IN *.9' ma State Parks,and Carol Bach,Port of spine on Central Avenue.The proposed San Francisco. Bach served on the Bay Trail r three ears e in in September w nu board for b ' ' asa a too e Y g trail is envisioned � Y P P r -`-- M ���` s 1999,and Nelson served for over two ears, and link the school grounds to the Bay, _ w.�:.. ,_,:,,�......e_..,®,,,, .�, o Y and also to facilitate hands-on environ- beginning on January 2000. mental educational opportunities. 9 .y T,,11;:.4o © Falk 2002 I Regional Open !. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager 4_1 Date: September 25, 2002 Re: FYI's 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org ftww Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,NonetteHanko,Larry Hassett,KennethC.Nitz - General Manager:L.Craig Britton INTEROFFICE MEMORANDUM September 23, 2002 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month August Year 2002 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Auto burglary 4 Closed area 0 0 Resisting Peace Officer 1 Speed 8 10 Poss. marijuana 1 Helmet 4 11 Night-riding 0 2 Unsafe operation 3 3 ACCIDENTSANCIDENTS Dogs Bicycle accident 7 Prohibited area 2 2 Equestrian accident 0 Off-leash 8 11 Other first aid 1 Off-road vehicles 0 1 Search&Rescue/hiking accident 1 Closed area 0 0 Vehicle accident 0 After hours 10 22 LZ air evacuation 0 Fishing 0 0 Fire 2 Vandalism 0 10 Parking 21 28 Parking after hours 18 29 ENFORCEMENT Dumping/littering 0 1 Parking citations 39 Campfires 0 0 Other citations 36 Camping 0 0 Written warnings 39 Weapons Arrests 0 Actual contact 0 0 Police assistance 3 Report only 0 0 Evidence of 0 0 Vehicle closed area 0 0 MUTUAL AID Encroachment/water rights 0 1 Accident 0 Encroachment/grazing 0 1 Law enforcement 0 Unlawful trail construction 0 0 Landing zone off-site 1 Smoking 1 1 Fire 0 Suspicious behavior 0 2 Group w/o permit 0 1 Collecting rocks 0 1 � SUMMARY OF SIGNIFICANT AUGUST INCIDENTS 2 A hiker was struck on the calf by a rattlesnake at Rancho San Antonio OSP. He walked to Deer Hollow Farm and requested medical help. H. Neal and M. Jurich arrived on scene and administered first aid until Santa Clara County Fire arrived. B. Malone and C. Sparks-Hart led the AMR paramedics to the scene. The patient was transported to El Camino Hospital and received a dosage of anti-venom serum. 4 B. Malone contacted four people in a closed area of Sierra Azul. A small bag of marijuana and a joint were found in the area. A backpack contained rocks. A warrant check showed that one man had a misdemeanor warrant for petty theft and another had warrants for marijuana possession and traffic violations. All four men were cited for closed area violations. One was warned for possession of marijuana and collecting. A Santa Clara County Deputy Sheriff cited and released both subjects who had outstanding warrants. The marijuana was booked as found property. K. Miller assisted on the event. 5 A vehicle became stuck on one of the Dyer ranch roads at La Honda Creek OSP. The person stated she had become lost trying to locate the Djerassi Foundation property. She was given a verbal warning regarding off road vehicle operation. L. Paterson 9 A hiker on the Whittemore Gulch Trail at Purisima Creek Redwoods OSP reported bicyclists riding recklessly at high speeds and cutting switchbacks. The 'leader' was wearing full body pads and a full face-mask helmet. The reporting person said his daughter was almost hit by one of the riders. Rangers checked the area and found significant trail damage due to the cutting of switchbacks. E. Wickham. 9 K. Miller attempted to contact five people for after hours violations in Fremont Older OSP. Two fled into the bushes. B. Malone arrived and found the two who had hidden. All the visitors had been drinking alcohol and some had hidden their beer cans in the bushes. The group was celebrating a 40'birthday. All five were cited for the after hours violations. 20 After numerous patrols at Purisima Creek Redwoods OSP, B. Downing and L. Paterson cited three men for reckless bicycle operation. The three matched the description of men that had been reported riding recklessly on earlier dates. 20 A purse was stolen from under the seat of a vehicle in the Higgins-Purisima lot at Purisima OSP. A rock was used to smash a window on the vehicle. A person witnessed the incident and gave a subject and vehicle description. San Mateo County SO took the rock used to smash the window. L. Paterson cleaned up three piles of auto glass in the lot, so there may have been other incidents. 23 A model airplane crashed and started a fire that burned approximately one acre in Rancho County Park. C. Sparks-Hart, K. Carlson, M. Bankosh, and M. Casaretto responded and took part in suppression efforts. CDF and County Fire helped extinguish the fire, which was ruled accidental. 27 A. Correia attempted two contact to bicyclists without helmets in Monte Bello OSP. Both cyclists fled. He again contacted the subjects as they were loading their bikes onto their vehicles. One subject continued to be uncooperative. A Santa Clara County Deputy and another ranger were requested to respond. The second subject then cooperated. Both were issued citations and warned about resisting a peace officer. 29 A woman reported a suspicious male individual was watching some teenage girls in Rancho County Park. It was 8:20 p.m. and already dark. A description was obtained and a report was completed. 29 A visitor reported a suspicious male to K. Miller by telephone. The visitor had been hiking with a friend in Rancho San Antonio OSP, when a man without a shirt started walking behind them. Her friend looked back and observed the male unzipping his pants. They then ran from the area back to their vehicle in the parking lot. A description was obtained that did not match the individual in the other incident that occurred that day. A report was filed. 29 K. Miller discovered that a small fire occurred in the Ravenswood parking lot, burning a 6" by 10' area. 31 At La Honda Creek OSP adjacent to Hwy 84 a person had stopped to take a short hike and fell, ending up in the bottom of a steep ravine. He was in the ravine for several days. He was found by a nearby resident who heard him calling for help. C. Barresi assisted with determining the location of the incident in relation to District lands. L. Paterson assisted with getting the injured person up to the ambulance. He was severely dehydrated and had suffered bruises to his kidney and ribs, and injury to his hip. CDF, Woodside Fire, SMSO, and AMR participated. August Vandalism 2 A chain was cut on a gate in Sierra Azul. 2 An upper split rail was broken at the sandstone formation deck, El Corte de Madera. 11 A chain was cut and a locking post was pulled out on a gate in Sierra Azul. 17 A chain was cut on a gate in Bear Creek. 18 Graffiti was sprayed on the asphalt and a guardrail in Sierra Azul. 22 Locks and a chain were broken on a gate in Sierra Azul. A weld was broken, allowing the chain to be slipped over the post. 23 A lock at La Honda was filled with super glue. 30 A chain was cut on a gate in Bear Creek. 31 A large door on a building was broken at Bear Creek. i i