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HomeMy Public PortalAbout20030514 - Agendas Packet - Board of Directors (BOD) - 03-10 Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-10 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday,May 14,2003 330 Distel Circle Los Altos,California AGENDA* Please Note: 5:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 5:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)—one potential case 2. Conference with Labor Negotiator Government Code Section 54957.6 Agency Negotiators—Fran Buchanan,IEDA,John Escobar, Sally Thielfoldt,John Maciel Employee Organization—S.E.I.U. LOCAL 715 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENiNsuLA REGIONAL OPEN SPACE DISTRICT ORAL CommumcAnoNs—Public ADOPTION OF AGENDA—N.Hanko ADOPTION OF CONSENT CALENDAR—N.Hanko ADOPTION oFMINUTES * April 23,2003 BOARD BusiNEss 7:40* 1 Approval of Memorandum of Agreement with Service Employees International Union,AFL-CIO Local 715;Adopt the Accompanying Resolution Approving the Memorandum of Agreement with Service Employees International Union,AFL-CIO Local 715,for a Term of April 1, 2003 Through March 31,2005,Retroactive to April 1,2003;Appropriate Funds from the Fixed Assets(Land Acquisition)Category of the 2003-2004 Fiscal Year Budget to be Transferred to Salaries and Benefits in the Amount Not to Exceed$88,900;Direct Staff to Return with the Appropriate Budget Amendment to Reflect These Adjustments;Amend the Position Classification and Compensation Plan as Recommended—C. Britton 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 03-10 Page 2 7:55* 2 Approval of Fiscal Year 2003-2004 Salary and Benefit Adjustments for Office, Supervisory and PP J rY Management Staff,Approve the Recommended Salary and Benefit Adjustments for the Office, Supervisory and Management Staff Including a 4 Point Annual Salary Increase as Shown in Attachment A;Appropriate Funds from the Fixed Assets(Land Acquisition)Category of the 2003- 2004 Fiscal Year Budget to be Transferred to the Salaries and Benefits Category(as Anticipated During the Budget Approval Process),in the Amount Not to Exceed$151,600 and Direct Staff to Return with the Appropriate Budget Amendment Resolution Reflecting These Changes at Mid- Year;Direct Staff to Return with the Applicable Amendments to the Personnel Policies and Procedures,Reflecting the Recommended Changes;Amend the Position Classification and Compensation Plan,as Recommended—C.Britton 8:10* 3 Agreement with Santa Clara County Fire Department to Conduct a Prescribed Burn on the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions as Set Out in this Report are Categorically Exempt Under the California Environmental Quality Act(CEQA);Authorize the General Manager to Execute the Attached Permit to Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled Burn, for Training Purposes, on the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve -G. Baillie *** 4 Approval of Response to San Mateo County Grand Jury Report Dated April 7, 2003;Approve the Attached Response From the Board of Directors to the San Mateo County Grand Jury's Report of April 7,2003 Regarding the Coastal Annexation Project—S.Schectman *** 5 Authorization to Solicit Bids for Four(4)Fire Pumpers;Authorize Staff to Advertise for Bids to Purchase Four(4)Fire Pumpers—D.Topley 8:20* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. I *** REVISED CLAIMS 8:45* ADJOURNMENT i * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ** TO ADDRESS MEBOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional en !�'"ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-09 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS April 23, 2003 MINUTES I SPECIAL MEETING i I. ROLL CALL President Nonette Hanko called the meeting to order at 7:00 p.m. Members Present: Jed Cyr, Mary Davey, Larry Hassett,Deane Little(arrived at 7:12 p.m.), Ken Nitz, Pete Siemens, and Nonette Hanko Members Absent: None Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Fran Buchanan, and John Escobar H. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 7:05 p.m. and the Closed Session commenced at 7:05 p.m. The Board concluded the Closed Session at 7:35 p.m. REGULAR MEETING M. N. Hanko called the Regular Meeting to order at 7:38 p.m. She announced that the Board had discussed Closed Session Agenda Items I and 2 in Closed Session and that no reportable actions had taken place. III Additional Staff Present: Doug Vu, Cathy Woodbury, and Mike Williams IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 Fax: 650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.opetispace.org s )FREES' Board of Oirectors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C. Nitz . General Manager:L.Craig Britton Meeting 03-09 Page 2 Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR r Staff answered questions about claims 5650 (balance of case wok to Administrative q building and ergonomic changes to desks), 5634(promotional items for volunteers to Pass out), and 5666 (projector). Motion: K. Nitz moved that the Board adopt the Consent Calendar, including minutes of the April 9, 2003, Special and Regular Meeting, Agenda Item 4,Reject the Claim Against the District Filed by Kaizad G. Farhadi; and Revised Claims 03-08. P. Siemens seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1—Authorization to Execute a Contract with Joseph J. Albanese, Inc. for Construction of a Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve, Authorize the General Manager to Execute a Contract with Joseph J. Albanese, Inc. of Santa Clara for the Bid Amount of$105,914,Plus a Contingency Amount of up to $15,866, for a Total Amount Not to Exceed $121,800—(Report R-01-42 . D. Vu presented the staff report. He said the original bids were rejected because the prices were too high and permits had not been obtained. He said the package is the same, and the bids are considerably lower. Staff was very pleased with the contractor's performance during demolition of the handball court. Staff has not observed construction done by this company but have contacted some of their references. In regard to the cost of the project, D. Vu said the only amount spent so far was for the design contract, approximately $25,000. The District has received two grants: $73,000 from the Land and Water Conservation Fund and an additional$60,000 from the Ridge Trail Council. When asked if staff should consider expediting similar projects while the economy is lower, C. Britton said staff is in the process of re-bidding the shop project. Motion: K. Nitz moved that the Board authorize the General Manager to execute a contract with Joseph J. Albanese, Inc. of Santa Clara for the bid amount of$105,914, plus a contingency amount of up to $15,886, for a total amount not to exceed $121,800 for construction of a parking and staging area at the Jacques Ridge entrance to Sierra Azul Open Space Preserve. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2-Proposed Addition of the Remaining;Undivided One-Third j Interest in Santa Clara County Assessor's Parcel Numbers 351-13-021, 351-13- i Meeting 03-09 Page 3 022, and 351-15-020(Mitchell),as an Addition to Monte Bello Open Space Preserve Located in Unincorporated Santa Clara County;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CAA)As Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of a Remaining One-Third Interest in the Mitchell Property; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Monte Bello Open Space Preserve,Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at this Time— (Report R 03-44). M. Williams presented the staff report. He spoke about why the county placed the gate on Stevens Creek Road and about the residents' access. He said the District has a key to that gate and an agreement with Santa Clara County Parks for managing those lands because there is so much overlap. The District will keep the road as an access road for the time being. Motion: M. Davey moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as contained in the staff report; adopt Resolution No. 03-13,Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Monte Bello Open Space Preserve-Lands of Mitchell); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Monte Bello Open Space Preserve; and indicate their intention to withhold the dedication of the property as public open space at this time. J. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Adopt the Attached Resolution of the Santa Clara County Operational Area Disaster Response and Recovery Interim Agreement and the California Master Mutual Aid Agreement—(Report R-03-43). n and explained that the District would E outlined s a J. Escobar out ed staff s recommendations p always have the priority to use its resources to meet its needs before responding to others. He said it would always be optional whether we would respond to others. Escobar said this is funded b OES Office of In regard to cooperative training, J. sco y Emergency Services). He explained about the succession of people who have the ability to commit resources. I Meeting 03-09 Page 4 J. Escobar talked about potential problems of communication between agencies in an emergency. He said he thought the District is in a good space as far as having common frequencies. S. Schectman explained the hold harmless clause in the agreement. J. Escobar said that the situation of an employee reporting in an emergency would be no different that reporting to normal work. S. Schectman added that the same worker's compensation laws would apply. J. Escobar noted that there would be more grant opportunities available to the District as participants in the agreement. Motion: D. Little moved that the Board adopt Resolution No. 03-14, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing the District to Enter Into an Operational Area Interim Agreement With the County of Santa Clara. K. Nitz seconded the motion. The motion passed 7 to 0. VIH. INFORMATIONAL REPORTS J. Cyr: He asked about the Santa Clara Valley Water District Safe Creeks and Natural Flood Protection program grants. C. Britton said he is meeting with them May 7, and hopes to get a grant toward the master plan in Sierra Azul. L. Hassett: 1. He said Rich Gordon was complimentary of the District's graciousness in hosting the tour of District lands. 2. He referred to the letter in the FYIs from a Half Moon Bay group regarding the field studies at Alpine Lake. He thought this needed to be publicized. K. Nitz: 1. He had a brochure entitled "12 Short Hikes in the North Bay"which included aerial photographs of hikes. 2. He asked about the information in the FYIs regarding the gift deed of a .23-acre parcel. C. Britton explained that this was a former piece of street as part of a subdivision, and was accepted under the General Manager's authority. He will provide a map in the FYIs next meeting. S. Schectman explained the Board policy which allowed the General Manager to accept the low value fee interest. D. Little: 1. He hiked Monte Bello and said there was a notice on the signboard in the parking lot that Bella Vista Trail is closed. There were no signs at the head of the trail. He expressed disappointment in the maintenance work that had been done, stating that the trail is very wide. He said he was used to seeing excellent trail work in the District st ct and did not want this to happen to other single-track trails. J. Escobar said the trail was badly rutted, and staff felt it needed significant work that could not be done by hand. He said it would look entirely different in a year. The closure sign D. Little referred to was h •l w re-opened. D. Little suggested n h other signs were removed the trail as missed when the o s g p gg that on the downhill side loose soil could be pushed downhill. J. Escobar said that is some of the hand work that has to be done. i I i Meeting 03-09 Page 5 K. Nitz hiked at Pulgas Ridge Open Space Preserve and was surprised by the wildflowers there. r Members to attend the South Skyline Association N. Hanko: 1. She encouraged Board e s g kY event at Fogarty Winery on April 25. 2. Regarding Stanford trails, she received information from Stanford Open Space Alliance describing the issues and problems with Stanford. She asked that this be included in the FYIs. M.Davey said all conservation groups have supported the C1 trail, which is in Santa Clara County. They hope to persuade the Board of Supervisors to go to bat for that. N. Hanko added that it looks like County staff supports it. She will be meeting with Liz Kniss. 3. She was pleased to see the recognition given to Ana Ruiz. C. Britton: 1. He talked about the award received by Ana Ruiz. 2. FYIs included: Notice of the Bay Area Ridge Trail Council 15'' Anniversary event at Skyline Ridge; support letters on the Coastal Conservancy grant; and a letter from South Skyline withdrawing their support of the annexation to become neutral. 3. The City of Palo Alto State of the City address will be April 28 at 6:30 p.m. 4. He talked about the recognition of N. Hanko by Avenidas. 5. He had a notice from PCL regarding a May 4 reception to discuss the future at PCL. 5. He talked about the Rich Gordon tour. They looked at several sites and visited the field office. 6. He provided an update on legislation of interest to the District, noting that AB 1188 had become a two-year bill. AB 1195 passed out of committee. 7. Heard Cindy Roessler speak at the Audubon event at Bear Creek Redwoods on Saturday. I Escobar said there are two more tours planned of POST lands on the coast. He said that POST did excellent job on the first tour and it was well received by staff. S. Thielfoldt: 1. She had attended the POST tour and shared an anecdote. They saw migrating whales. 2. She said this was Professional Assistants week and that Management Team was taking the District's Administrative Assistant staff to Filoli tomorrow. IX. ADJOURNMENT At 8:32 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary | / � Claims No. 03-08 Meeting 03-09 Date 04/23/03 Revised � Midpeninsula Regional Open Space District # Amount Name Description � ^ �� | 5632 $1.800.00 xenm's Septic Tank Service Sanitation Services 5633 $530.10 All Laser Service Toner Cartridges � 5634 $88663 All Premium Promotional Products Volunteer Supplies 5635 *15.00 American Red Cross Emergency Response Training/Certificates � � 5630 $300.00 Banesi.Cxxu Reim bursament-pRAC Conference � 5037 $28.12 Bicycle Outfitter Bicycle Tools&Parts 5638 $7480 8inNeyoemmdatan Consulting Services'Hunt Property Water System � 5639 $105.84 Board of EquoizoVon Fuel Tax for Diesel 5640 $173.47 Brim Tractor Company,Inc. Tractor Accessories � 5041 $122.49 BmwminQ'rems|ndustneo Garbage Services � 50*2 $86.19 California Safety Services Group 2OVu OSHA Book � 5043 $2.094.00 Camino Medical Group Medical Services 5644 $452.10 Certified Document Destruction Shred Archived Files 50*5 $1.8/5.00 Concern Training'Substance Abuse 5646 $1.18030 Dillingham Associates Consulting Services'Jacques Ridge Staging Area � 5647 $189.55 Dolan,Brendan Reimbursement-Uniform � 5648 *10.51 Dorfman Pacific Field Supplies 5843 s206.17 Green Waste Recovery,Inc. Garbage Services � 5650 $6.500o0 HRe Construction,Inc. Offiov Rmpair-Admin.Qmcm 5551 *172,03 Hyo,er Sales Company Bobcat Equipment Parts 5652 $551.43 |ndnff|nuogmnnted Furniture'Ergo Chair 5653 $362.00 Kinko'u Printing Services 5654 $11.69 Kwik Key Lock&Safe Co.Inc. Keys&Locks 5655 $247.50 Liebort Cassidy Whitmore Legal Services 5650 $289.00 Lvnnan Education Somimon Training'Landlord&Tenant Law 5857 $726.00 Macias,Gini&Company Auditor Services � 5058 $29.55 Noble Tnsomr.Inc. Tractor Supplies 5659 $2.248.80 Office Depot Office Supplies 5660 $1.321.48 Pacific Bell Telephone Service 5661 $300.00 Paoanmn.Lvrp Reimbursement-pRACCon/nnonnn 5862 $147.20 Peninsula Digital Imaging Printing-Construction Plans-Old Page Mill Trail Repair 5663 $314,02 Pine Cone Lumber Lumber � 5664 *200.00 Points o[Light Foundation Membership'Public Affairs Community Programs 5665 $212.67 Precision Engravers,Inc. Name Tags Engraving 5006 $3.404.46 Presentation Systems Multimedia Projector � � 5667 $18.41 Phnglea Tractor Co. Tractor Supplies 5668 $315�98 San Jose Mercury News Legal Advertisement � � 5669 $30.00 San Mateo Co.Public Health Lab. Tick Testing 5670 $350D0 Smith,Malcom Public Affairs Consultant 5671 $136.00 °1 Sommer,Sandy Reimbursement'Permit Fee � 5672 $8V0�OO GyWam�nPuWinGohu� Recmiunent'BaukgmundResearch | � � 5673 $386.68 TodcoSupply Janitorial Supplies � 5674 $137.48 Tires on the Go Vehicle Tires | � � 5675 $46.79 Tunand.Inc. Field Equipment&Supplies � Page'm2 � � i Claim s s No. 03-08 Meeting -e g 03 09 Date 04/23/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5676 $36.86 United Parcel Service Parcel Shipping 5677 $73.44 Vu,Douglas Reimbursement-Mileage 5678 $146,48 WearGuard Uniforms 5679 $300.00 Wolfe,Roberta Recording Services 5680 $654.23 Workingman's Emporium Uniforms 5681 R $1,400.00 Aaron's Septic Tank Service Sanitation Services 5682 R $1,217.50 Abatement Analytics Asbestos Survey-Bartell Property 5683 R $2,047.50 Alliance Title Company Title&Escrow Fee 5684 R $1,114.17 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 5685 R $191.84 Beckman,Craig Reimbursement-Uniform 5686 R $196.50 Ben Guzman Transportation Fees-Recruitment 5687 R $5.40 California Dep.of Forestry Copy of Timber Harvest Plan 5688 R $6.25 City of Redlands Legal Brief Copying Cost 5689 R $297.32 Cole Supply Co.,Inc. Janitorial Supplies 5690 R $338.28 Costanoa Coastal Tour Meeting Expense 5691 R $1,680.63 Cresco Equipment Rentals Equipment Rental 5692 R $1,782.35 Dell Account Computer Equipment 5693 R $102.10 Federal Express Express Mailing 5694 R $625.00 First Bankcard Auto CAD LT 2004 Software 5695 R $199.00 Fred Pryor Seminars Training-G.Baillie 5696 R $2,162.50 Greeninfo Network Wall Maps Update 5697 R $1,440.81 Hewlett-Packard Company HP Laser Jet Printer 5698 R $940.00 Indoff Incorporated Cafeteria Furniture 5699 R $338.82 Key Alt.Com Computer Accessories 5700 R $116.10 MCI Long Distance Telephone Service 5701 R $964.12 Micromedia,Inc. Microfilming Board Records 5702 R $114.40 Northern Energy,Inc. Propane Service 5703 R $2,700.00 Old Republic Title Company Title Services 5704 R $1,963.80 Pacific Water Systems Water Filter System-Property Management Rental 5705 R $354.19 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5706 R $19.47 Sears Field Supplies 5707 R $474.14 United Rentals Highway Tech. Trail Directional Signs 5708 R $94.13 West Group On-Line Legal Services Total $53,586.76 '1 Urgent Check Issued 4/17/03 Page 2 of 2 Regional Open .' ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-49 Meeting 03-10 May 14, 2003 AGENDA ITEM 1 AGENDA ITEM Approval of Memorandum of Agreement with Service Employees International Union,AFL-CIO Local 715 GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the accompanying resolution approving the Memorandum of Agreement(MOA)with Service Employees International Union,AFL-CIO Local 715, for a term of April 1,2003 through March 31, 2005, retroactive to April 1, 2003. 2. Appropriate funds from the Fixed Assets (Land Acquisition)category of the 2003/2004 fiscal year budget to be transferred to Salaries and Benefits in the amount not to exceed$88,900. 3. Direct staff to return with the appropriate budget amendment to reflect these adjustments. 4. Amend the Position Classification and Compensation Plan as recommended. DISCUSSION The District entered into contract negotiations in February 2003 with Service Employees International Union, AFL-CIO Local 715, the exclusive bargaining representative for the purpose of labor relations for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic- Operators, and Farm Maintenance Worker. Local 715's negotiating team included Sascha Eisner, Worksite Organizing Director for Local 715, Ken Miller and Loro Paterson, Rangers, Grant Kern, and Michael Bankosh, Lead Open Space Technicians. The District's negotiating team included Fran Buchanan from IEDA, John Escobar, Assistant General Manager, Sally Thiclfoldt,Administration and Human Resources Manager, and John Maciel, Operations Manager. The District and Local 715 negotiating teams successfully reached tentative agreement on the proposed contract on Friday,May 9, 2003. SEIU Local 715 will hold a ratification meeting on Tuesday, May 13. If ratified by the Union and approved by the Board,the Memorandum of Agreement(MOA)would be effective retroactive to April 1, 2003. The attached summary of the 2003 contract changes highlights key provisions of the proposed. The proposed MOA contains changes proposed by Local 715,as well as changes proposed by the District, and covers a term of two years. This MOA reflects two areas of economic impact. First, effective April 1, 2003 there is a recommended 4 point salary increase for all members of the unit based upon a spot check of comparable agencies showing upcoming salary increases already established in existing agreements to be from 3%to 5%. Furthermore, 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 ( EME ME 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-0349 Page 2 the Consumer Price Index(CPI)data for the San Francisco-Oakland-San Jose Area for twelve months ending February 2003 shows an increase in cost of living of 3.7%. The second year annual salary increase is 3 points. (The District's compensation plan is based upon a point system in which each point is very close mathematically to one percent,but because of compounding it results in an amount slightly higher than the total points award, i.e. a 5 point increase is actually 5.1%.) The second area of economic impact is a recommended 2 point salary adjustment to the Open Space Technician(Lead Open Space Technician)and Farm Maintenance Worker classes. In recognition of the fact that salary increases given over the years,based upon a percentage system,tends to favor the more highly paid employees. This one time modest adjustment would help keep these employees in line with the upward movement of the overall pay plan. In addition,in light of the increasing leadership role of the Lead Open Space Technicians,and the various job related certifications they hold, an additional 5 point increase is being recommended. Other key components of the MOA involve improved language and procedures, such as family medical leave,probationary provisions,discipline criteria,and catastrophic leave as well as general"housekeeping" improvements. See the attached Summary of Proposed Contract Changes(Attachment A). The entire MOA will be available at the District Office for public inspection. ANNUAL BUDGETARY IMPLICATIONS $66,000 4 Point Salary Increase,All Staff $10,000 2 Point Salary Increase(Open Space Technicians,Lead Open Space Technicians, and Farm Maintenance Worker) $12,000 5 Point Lead Open Space Technician salary increase 900 Increase in Uniform Allotment Total88�9Q0 Note: Court standby pay is based upon actual court appearances,which have been a minimal number of occurrences per year. The number of call-back occurrences each year is also minimal. Prepared by: Sally Thielfoldt,Administration and Human Resources Manager Contact person: L. Craig Britton,General Manager ATTACHMENT A Summary of Proposed Contract Changes Midpeninsula Regional Open Space District and SEIU Local 715 April 1,2003 through March 31,2005 Article 2 Union Reca tion/Securi • Requires the naming of four stewards-one each from the two field offices and representing the two classes(ranger and maintenance)for the purpose of negotiating(with four at-large alternates). ■ Reduces the current number of stewards authorized release time for the purpose of meeting and conferring,and meeting and consulting,from four to two. ■ Specifies that the District will provide more unit member information to the union on a more regular basis. Article 3 No Discrimination Revises language so that categories of District workers protected from discrimination are consistent with the language in the Fair Employment and Housing Act(FEHA). Article 5 Schedules Overtime and Call-back Time III ■ Increases minimum call-back time for resident employees from 'l:hr to 1 hour. ■ Adds section on court standby in which an employee who is required to be on call for court can either stay at home and earn one-half of their regular rate of pay for a minimum of two hours,or report to work and receive a minimum of two hours with applicable overtime. Article 7 Compensation and Benefits ■ Effective April 1,2003: 2-point salary adjustment for open space technicians and farm maintenance worker,plus a 5-point salary adjustment for lead open space technicians in light of increasing leadership roles and various job related certifications. ■ Effective April 1,2003: 4 point salary adjustment(annual) ■ Effective April 1,2004: 3 point salary adjustment(annual) ■ Clarifies that Acting Appointments must be appointed by the General Manager, and specifies that a union steward appointed to an acting supervisory position will withdraw from steward responsibilities while in the acting position. ■ Union agrees to a change in the pay day from Wednesday to Thursday to acconunodate the new payroll provider. Article 9 Uniforms ■ Effective April 1, 2003: Additional$30 Allowance ■ Effective April 1,2004: Additional$30 Allowance i I i Article 11 Holidays and Personal Leave ■ Modifies District holiday list to exchange Columbus Day for Cesar Chavez Day beginning 2004. ■ Effective April 1,2003 the District will provide an additional eight hours of personal leave time annually(from 24 hours to 32 hours),to accrue quarterly, with a maximum accrual of 32 hours. The District will allow carry over at the end of each calendar year, and will not require any pay-back for accrued personal time at termination. Article 13 Family Medical Leave and Leaves Without Pav ■ The District clarified and improved contract provisions to cover the Family Medical Leave Act,the California Family Rights Act and the Pregnancy Disability Leave Act,which will now be referenced in the Agreement as an appendix. The new language is designed to reflect all legal requirements and regulations in a concise,bullet format for ease of reading/understanding. Article 15 Grievance Procedure ■ Modifies grievance procedures to comply with Public Safety Officers Procedural Bill of Rights Act and recent case law. Article 17 Disciplinary Procedure ■ Combines two of the areas disciplinary criteria and adds new three criteria. Modifies disciplinary procedures to comply with Public Safety Officers procedural Bill of Rights and recent case law. Article 18 Probationary Period ■ Eliminates procedural language for probationary employees who are rejected from probation and adds criteria for extension of probation to include absence from work for four weeks(non-consecutive)and completion of required training. Appendix C Catastrophic Leave Program ■ Procedural changes which allow Human Resources to collect and credit donated sick time to eligible employees which more closely matches the employee's needs and requires donating employees to keep a minimum number of hours in their own leave banks. Side Letter Agreements: ■ Acknowledges that the District is pursuing a District-wide job sharing policy for consideration by the Board. ■ District agrees to conduct a study to review retiree medical programs,health insurance containment measures,and other health care related benefits and provide the results of the study to the union no later than six months prior to the expiration of the MOA. Note: Other non-substantive language changes throughout the contract. Page 2 RESOLUTION NO. 03- i RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO LOCAL 715 WHEREAS, Service Employees International Union, AFL-CIO Local 715 is the exclusively recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Worker; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and Local 715 have completed negotiations for a Memorandum of Agreement for a term of April 1, 2003 through March 31, 2005; and WHEREAS, on May 13, 2003,the bargaining unit represented by Local 715 ratified the Memorandum of Agreement; i NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve the Memorandum of Agreement between Service Employees International Union AFL-CIO Local 715 and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. Regional Open f ice R-03-48 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-10 May 14, 2003 AGENDA ITEM 2 AGENDA ITEM Approval of Fiscal Year 2003-2004 Salary and Benefit Adjustme for Office, Supervisory and Management Staff GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the recommended salary and benefit adjustments for the Office, Supervisory and Management Staff including a 4 point annual salary increase as shown in Attachment A. 2. Appropriate funds from the Fixed Assets (Land Acquisition)category of the 2003-2004 fiscal year budget to be transferred to the Salaries and Benefits category(as anticipated during the Budget approval process), in the amount not to exceed$151,600 and direct staff to return with the appropriate budget amendment resolution reflecting these changes at mid-year. 3. Direct staff to return with the applicable amendments to the Personnel Policies and Procedures, reflecting the recommended changes. 4. Amend the Position Classification and Compensation Plan, as recommended. DISCUSSION In January 2003,the Office, Supervisory and Management employees were invited to participate in a salary and benefits priority survey to help determine which benefits are considered most important. Of the 40 employees in this group, a total of 27 employees responded to the survey. In February 2003 the results of the survey were distributed to all of these employees. Since that meeting, I have held three other meetings with this group to discuss the benefit proposals and the adjustment to the family sick leave,to answer questions, and to hear about their concerns. Salary increases received the highest number of votes in the survey,followed by"other"benefits and retirement enhancements receiving the least number of votes. The benefit recommendations included in this report reflect the results and specific comments regarding"other"benefits requested most in the survey. Salary Adjustment Because the District conducted a comprehensive compensation survey in the year 2000, another formal salary survey was not completed. However, a spot check of some of the other agencies, which were determined by the previous survey to be comparable agencies, generally showed upcoming salary increases already established in existing agreements to be from 3%to 5%. Furthermore,the Consumer Price Index (CPI)data for the San Francisco-Oakland-San Jose Area for twelve months ending February 2003 shows an increase in cost of living of 3.7%. Therefore, a 4 point salary increase is being recommended,which is in line with comparable agency increases and is slightly above the CPI for this area. 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 ftrzi 8"ROF:, 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-03-48 Page 2 An additional 2 point adjustment is being recommended for the two lowest paid classifications, Receptionist/Administrative Clerk and Administrative Assistant(and the related Sr.Administrative Assistant)in recognition of the fact that salary increases given over the years based upon a percentage system tends to favor the more highly paid employees. This one time modest adjustment would help keep these employees in line with the upward movement of the overall pay plan. Longevity Pay Program An important goal of any organization is to retain long term employees who,by virtue of their longevity, contribute valuable expertise and experience to the agency's overall operations. A longevity pay program is an effective tool in accomplishing this goal. In addition,this group of employees, in their responses to the salary and benefit survey conducted in January,requested some type of benefit for employees who have been at the top of their salary range for some time. Therefore,a 1%lump sum payment at annual evaluation time(provided the employee has no"below standard"ratings)is being recommended. This program would meet an important organizational goal and is responsive to the group's expressed priorities. The lump sum payment is not an adjustment to the salary range. Personal Leave The District conducted a spot check benefit survey with comparable agencies,which indicated that while the District is not low in personal leave time given to employees,it is on the lower end of designated holidays. Rather than considering adding another holiday,which dictates when an employee has to take the leave,adding to the employee's personal leave,which is accrued quarterly,allows the employee flexibility in when to use the additional time,and brings the District near the high end,comparably,with other agencies in these combined categories. It is therefore recommended that an additional eight(8)hours of personal time be awarded,which would be prorated for the calendar year from April 1 to December 1 for a total of six(6)hours for 2003 and eight(8)hours for each year thereafter. Tuition Reimbursement The District's current tuition reimbursement program has a maximum amount of$600 annually. Referring again to the spot check of benefits with comparable agencies,the District is currently on the lower end compared to other agencies in this benefit. A recommended increase to$800 per year would bring the District more in line comparably. However,as always,the total amount available in any one fiscal year would be subject to adopted budget amounts. Membership Dues The employees,in the survey,also expressed a desire to have increased reimbursement for their memberships in professional organizations,which benefit the District by providing professional development and often include reduced costs for beneficial seminars and conferences. In reviewing the membership dues for professional organizations relevant to this agency, it is expected that increasing this benefit will allow more employees to participate in this important employee development benefit. The recommended adjustments include an increase in the percentage of the dues the District will pay(75% instead of 50%)and an increase in the maximum amount from$100 to$200. Additionally,the District would 100%of the dues u to$200 in the event an employee obtained the appropriate organizations' pay p certification and/or professional designation. R-0348 Page 3 Health Care and Retiree Medical Benefits I The District currently pays 100%of the employee's health care premiums for single, 2-party,or families at the Kaiser Insurance rates through PERS. The cost of these premiums rose substantially this past year (almost 25%)and dramatic increases in costs are expected to continue. In response to this trend,many employers, including half of the District comparables,have put in place some type of cost containment program in which employees share in the cost of the premiums,or otherwise place a maximum on the amount the employer agrees to pay. Retiree medical costs also increase dramatically in line with the health care premiums for current employees,and with changes in state law,which mandate certain increases in employer paid retiree medical benefits. The District currently has a fairly minimal retiree medical benefit program. Before committing this agency to a benefit that has potential high implementation costs as well as substantial escalating costs in the future as more employees retire,it is recommend that the District hire a professional consultant to assess the future costs,and research methods to provide these needed benefits to District employees in the most cost effective manner. For example, some cities are looking into risk pooling possibilities for retiree medical coverage. I As a part of the budget process for the next fiscal year, staff would bring back to the Board a recommendation to fund a consultant study to research cost comparisons, along with analysis of comparative agency's health care plans and premiums, retiree medical,and other health related benefits,i.e. sick leave conversion plans,etc. Sick Leave to Care for Family Member The District currently allows employees to use all of their annual accrual of sick leave 96 hours(12 days) for the care of a fiunily member,as opposed to their own injury or illness. The District also has had in place an absence control policy in which an employee who has seven or more occurrences of sick leave usage in a one year period receives a below standard on their performance evaluation for attendance. A new state law,effective January 1,2003,now prohibits an absence control policy that involves time off for the care of family members. Therefore,to help prevent any potential abuse of sick leave involving care of a family member,and more align the District's benefit with state law,it is recommended that you reduce the allowed usage of sick leave for family members from the current 96 hours to 72 hours(9 days). The current state law mandates a minimum of half of the annual accrual of sick leave to be allowed for care of a family member(6 days). Budget Implications The maximum costs of these salary and benefit recommendations for this group is as follows: $132,000 4 pt Salary Increase $ 7,600 2 pt Salary Increase (Receptionist/Administrative Clerk.Administrative Assistants, Sr. Administrative Assistant) $ 7,000 Longevity Pay(potentially) 5,000 Tuition Reimbursement/Membership Dues Total _ M R-03-48 Page 4 At the time of budget approval for the current fiscal year at your meeting of March 26, 2003 (see Report R-03-34),it was pointed out that the budget was a"flat,"no increase budget over fiscal year 2002-2003; however,it was noted that consideration of salary and benefit increases had not been included in the budget. These increases,totaling$151,600 for this group, in addition to the$88,900 for the represented group,represent a total budget increase of$240,500 for the current 2003-2004 fiscal year. In order to implement the salary and benefit changes,you will therefore have to appropriate the necessary funds out of Fixed Assets(Land Acquisition)budget category. Prepared by: Sally Thielfoldt,Administration and Human Resources Manager L. Craig Britton,General Manager Contact person: L. Craig Britton,General Manager i ATTACHMENT A Midpeninsula Regional Open Space District j Recommended Salary and Benefit Adjustments Effective April 1, 2003 for Office, Supervisory and Management Staff 1. Approve a 4 point increase in the salary of all Office, Supervisory and Management Staff positions in the Position Classification and Compensation Plan.' 2. Approve an additional 2 point increase to the Receptionist/Administrative Clerk, Administrative Assistant(and Sr. Administrative Assistant)positions in the Position Classification and Compensation Plan.' 3. Approve a Longevity Pay Program in which employees who have been with the District for a minimum of ten(10)consecutive years,are currently at the top of their salary range and have no below standard ratings on their annual performance evaluation,will be eligible to receive a 1%lump sum payment each year at the time of their annual performance anniversary date. The lump sum payment will not adjust the salary range. 4. Approve the addition of eight(8)hours of personal leave,allocated quarterly, for a total of 32 hours personal leave per year for supervising Patrol Rangers,and Maintenance and Construction supervisors and a total of 36 hours per year for all other office, supervisory and management positions. 5. Approve an increase in tuition reimbursement of$200,bringing the maximum amount to$800 per year,within budgetary limits. 2 6. Approve an increase in membership/dues reimbursement from a maximum of$100 per year to a maximum of$200 per year with the District paying 75%of the dues(up from 50%of the dues)subject to the new maximums. In addition,the District would pay 100%of the dues of up to$200 in the event of the employee's completion of a certificate or professional designation from the appropriate professional association. The District will continue to pay 100%of any District required certifications or licenses. 2 7. Direct District staff to research appropriate consultants to conduct a study of retiree medical benefits,health care containment programs and other health benefit type programs. Such a i l n l r 2004. Until April 1 2005 the District would would be completed o later than October U stud wo Y p P make no changes to the health insurance benefits currently being provided. 8. Approve a change in sick leave,which can be used for care of family members from 96(12 days)hours (the full annual allotment of sick leave)to 72 hours(9 days)(75%of the annual allotment). ' Requires Board amendment to the Position Classification and Compensation Plan. 2 Requires Board amendments to the Personnel Policy and Procedures,as well as new(or amended)Administrative implementation policy guidelines. Midpeninsula Regional Open Space District Position Classification and Compensation Plan Effective 04/01/2003 Classification Step Range Hourly Range Monthly Range Annual Range Interpretive Aide 234. - 259. $16.705 _$21.423 $2,896 - $3,713 $34,746 - $44,560 Receptionist/Administrative Clerk 234. - 259. $16.705 -$21.423 $2,896 _ $3,713 $34,746 - $44,560 Farm Maintenance Worker 248. - 273. $19.202 _$24.625 $3,328 - $4,268 $39,940 _ $51,220 Open Space Technician 248. - 273. $19.202 _$24.625 $3,328 - $4,268 $39,940 - $51,220 Administrative Assistant 249. - 274. $19.394 _$24.871 $3,362 - $4,311 $40,339 - $51,732 Accounting Clerk 257. - 282. $21 001 -$26.932 $3,640 - $4,668 $43,682 _ $56,019 Lead Open Space Technician 258. 283. $21.211 _$27.201 $3,677 - $4,715 $44,118 - $56,579 Planning Technician 259. - 284. $21.423 _$27.473 $3,713 _ $4,762 $44,560 _ $57,145 Ranger 259. - 284. $21.423 -$27.473 $3,713 _ $4,762 $44,560 - $57,145 Senior Administrative Assistant 259. - 284. $21.423 _$27.473 $3,713 _ $4,762 $44,560 _ $57,145 Network Specialist 262. - 287. $22.072 _$28.306 $3,826 - $4,906 $45,910 _ $58,876 Docent Programs Coordinator 264. - 289. $22.516 _$28.875 $3,903 _ $5,005 $46,833 _ $60,060 Volunteer Coordinator 264. - 289. $22.516 _$28.875 $3,903 _ $5,005 $46,833 _ $60,060 Equipment Mechanic Operator 267. - 292. $23.198 -$29.750 $4,021 - $5,157 $48,252 - $61,879 Senior Accounting Specialist 267. 292. $23.198 _$29.750 $4,021 - $5,157 $48,252 _ $61,879 Open Space Planner 1 269. - 294. $23.664 -$30.348 $4,102 _ $5,260 $49,221 _ $63,123 Public Affairs Specialist 269. - 294. $23.664 -$30.348 $4,102 - $5,260 $49,221 - $63,123 Real Property Specialist 269. 294. $23.664 _$30.348 $4,102 _ $5,260 $49,221 - $63,123 Maintenance&Construction Supervisor 274. - 299. $24.871 _$31.896 $4,311 _ $5,529 $51,732 - $66,343 Supervising Ranger 274. - 299. $24.871 _$31.896 $4,311 - $5,529 $51,732 _ $66,343 Community Programs Supervisor 284. - 309. $27.473 _$35.241 $4,762 _ $6,108 $57,145 - $73,301 Land Protection Specialist 284. - 309. $27.473 _$35.241 $4,762 - $6,108 $57,145 _ $73,301 Open Space Planner II 284. - 309. $27.473 _$35.241 $4,762 - $6,108 $57,145 _ $73,301 Resource Management Specialist 284. - 309. $27.473 -$35.241 $4,762 _ $6,108 $57,145 - $73,301 Support Services Supervisor 284. - 309. $27.473 -$35.241 $4,762 - $6,108 $57,145 _ $73,301 Management Analyst 288. 313. $28.589 _$36.675 $4,955 - $6,357 $59,465 - $76,285 Area Superintendent 294. - 319. $30.348 -$38.938 $5,260 _ $6,749 $63,123 _ $80,990 Real Property Representative 294. - 319. $30.348 _$38.938 $5,260 _ $6,749 $63,123 _ $80,990 Senior Acquisition Planner 294. - 319. $30.348 _$38.938 $5,260 _ $6,749 $63,123 _ $80,990 Senior Planner 294. - 319. $30.348 _$38.938 $5,260 - $6,749 $63,123 - $80,990 Attorney 299. - 324. $31,896 -$40.929 $5,529 - $7,094 $66,343 _ $85,132 Public Affairs Manager 304. - 329. $33.526 -$43.022 $5,811 _ $7,457 $69,735 - $89,486 Administration/Human Resources Manager 314. - 339. $37.043 -$47.535 $6,421 _ $8,239 $77,050 - $98,872 Land Acquisition Manager 314. - 339. $37.043 -$47.535 $6,421 - $8,239 $77,050 - $98,872 Operations Manager 314. - 339. $37.043 -$47.535 $6,421 - $8,239 $77,050 - $98,872 Planning Manager 314. - 339. $37,043 _$47.535 $6,421 _ $8,239 $77,050 _ $98,872 Assistant General Manager 329. - 354. $43.022 _$55.203 $7,457 - $9,569 $89,486 - 5114,822 "Does not include Board appointees: General Manager,Legal Counsel,Controller The salary range for Seasonal Open Space Technicians is$15.74 to$17.38 per hour with actual individual rate to be determined at time of hire. Range is 20 points below Open Space Technician range. Salary ranges determined on 40hour per week basis. Regional Open ". ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-45 Meeting 03-10 May 14, 2003 AGENDA ITEM 3 AGENDA ITEM Agreement with Santa Clara County Fire Department to Conduc�.a Prescribed Burn on the Rancho de Guadalupe Area of Sierra Azul Open Space Prese e GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions as set out in this report are categorically exempt under the California Environmental Quality Act (CEQA). 2. Authorize the General Manager to execute the attached Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct a controlled burn, for training purposes, on the Rancho de Guadalupe area of Sierra Azul Open Space Preserve. BACKGROUND The District has received a request from the Santa Clara County Fire Department to conduct a controlled burn, for training purposes, on a portion of the former Rancho de Guadalupe property in Sierra Azul Open Space Preserve. The request is to burn up to nine (9) acres of grassland adjacent to the Cherry Springs Reservoir (see Exhibit 1 of the attached Permit to Enter). This project would be a repetition of the controlled burn which was conducted as part of "Project Wildfire" in May 1997 (see Report R-97-73), and also in May 1999 (see Report R-99-68). Board approval was also obtained to conduct a burn in 2001 (see Report R-01-62), however the burn was not conducted due to a lack of necessary resources. DISCUSSION The project will involve burning up to nine(9) acres of grassland and sparse chaparral. This particular site was chosen because the gentle slope, combined with light fuels, is appropriate for conducting a safe burn, with minimal erosion potential. The site is easily accessible and water is readily available. A 100,000 gallon water tank provides an excellent water source. Two fire hydrants are in the burn area, and two additional hydrants are also available. In addition, the site is remote and closed to the public, so the project will not interfere with recreational activities. Pending Board approval, the burn is scheduled for Friday, June 13. The date works well for staff and provides an opportunity to train new firefighters who are currently attending the Joint 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 #g� OM" 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-03-45 Page 2 Agency Fire Academy. Firefighters from this academy are from many of the jurisdictions which provide fire services to the District. In addition, Santa Clara County Fire Department will be on- site prior to June 13 to prepare for the burn,which will involve some vegetation clearing and a small amount of burning around the edge of the site(black-lining) to protect trees and to provide further protection against escape of the fire. Santa Clara County Fire Department will be the lead agency in conducting the exercise. It will be responsible for controlling site access, conducting the burn,providing logistical support, and complying with Bay Area Air Quality Management District regulations. The California Department of Forestry and Fire Protection(CDF) may also participate in the training. The project will provide the following benefits for the District: 1. Wildland Fire and Incident Command System training for District and County Fire Department staff. 2. Improved working relationship with Santa Clara County Fire Department. 3. Reduction of fuel load in the burn area and subsequent reduction in the possibility of a wildland fire. 4. Enhancement of native vegetation and removal of exotic vegetation through the re- introduction of naturally occurring fire, under controlled conditions. 5. Research opportunities for the District's Resource Management Specialist on the effect of wildland fire on vegetation management. RESOURCE MANAGEMENT CONSIDERATIONS To evaluate the spectrum of environmental concerns, a checklist developed by CDF for vegetation management burns was used. The results of the checklist show no significant impacts on water resources, soil stability, vegetation, habitat,wildlife, air quality, or visual aesthetics. The vegetation community of the burn area is approximately 85%non-native annual and perennial grassland. A burn in this area will enhance native vegetation diversity by reducing non-native competitive species and thatch accumulation. Monitoring has been conducted for burns held in this area in previous years to assess the changes in species composition and distribution caused by the burns. The 1997 and 1999 burns resulted in reduced thatch coverage, which benefited native grasses. The impact on wildlife of a grassland burn will be minimal due to the seasonal timing and the low intensity of the burn. No rare or endangered species inhabit the burn area. Homed lizards have been sighted on the upper chaparral slopes of the preserve, but not in the burn area. Resource Protection project,of the area staff has laced certain constraints on the c To ensure adequate protection p p � , which are specified in the attached Permit to Enter. Among the conditions are the following: ■ District staff will be on-site for the duration of the event. • Santa Clara County Fire Department must minimize off-road driving of vehicles. I I R-03-45 Page 3 Archeological Review Prior to the 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid for an archaeological review of the burn area. The review showed that there were no significant archeological resources in the area. CEQA COMPLIANCE Project Description The project consists of burning up to nine acres of grassland and sparse chaparral for the purpose of training and study. CEQA Determination Staff concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(the California Environmental Quality Act) under Sections 15304 and 15306 of the CEQA Guidelines as follows: Section 15304 allows activities resulting in minor alterations to land such as grading, landscaping, filling of earth, trenching, and backfilling. The proposed controlled burn is similar to these activities in that it is only a temporary alteration to the land. In comparison to other agencies who regularly conduct controlled burns of areas greater than 50 acres,the proposed nine-acre burn is considered small, resulting in little impact to the land. The vegetation is a grassland community. No trees will be removed and the reduction of thatch and competitive species from the area will result in habitat improvements. Further exemption is covered under Section 15306, which allows for"basic data collection, research, experimental management, and resource evaluation activities." This project will increase the District's knowledge of the role of fire in vegetation management. PUBLIC NOTIFICATION Neighbors,who live adjacent to the Rancho de Guadalupe area of Sierra Azul Open Space Preserve, and those listed in the "Interested Parties,"database have been mailed copies of this Board Report. Prepared by: Gordon Baillie, Management Analyst Cindy Roessler, Resource Management Specialist Contact Person: Gordon Baillie, Management Analyst g Y Sierra Azul Open Space Preserve Midpeninsula Regional Open Space District 1000 " Division A a _ Fire Mobile Attack d�oa Hydrants �.. Page Division B , "-80 Fire Shelter e / I \, Cherry Springs - z Pond 0 Division C �\ Progressive 1, Hoselay I \ Unpaved Roads i \ I/ —_ Discline ® Burn Area o Exhibit 1 , Page 1 Feet 0 200 400 800 Page 1 PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District,a California public District(hereinafter"MROSD"),and Santa Clara County Fire Department,a California public Fire Protection District (hereinafter"COUNTY FIRE"). The parties hereby agree as follows: 1.0 Property MROSD grants COUNTY FIRE permission to enter the portion of Sierra Azul Open Space Preserve (hereinafter the"Property")located in unincorporated Santa Clara County,as shown on the attached map (Exhibit 1). Access to the Property will be via Hicks and Pheasant Roads. 2.0 Purpose This Permit to Enter is for the purpose of conducting a wildiand prescribed burn in the areas shown on the attached map (Exhibit 1) as referenced in the Incident Action Plan(hereinafter"Project"). 3.0 Activity Conditions The activity shall be subject to the following conditions: 1. COUNTY FIRE will be responsible for obtaining all necessary government permits for the Project, including meeting the requirements set forth by the Bay Area Regional Air Quality Management District. 2. COUNTY FIRE will write an Incident Action Plan hereinafter the "Plan,") Project for the j � and will manage the Project in accordance with the Plan. The Plan must be agreed upon by MROSD at least two weeks in advance of the Project. The Plan will include a minimum of the following elements: a. Map of the planned burn site and planned access routes. b. Plans for sanitation and other support services, such as food, etc. c. Identification and protection of sensitive resource sites. d. Number and type of fire apparatus assigned to the burn, and planned staging areas for additional staffing and equipment. e. Plan for mutual aid in case the fire escapes containment lines. f. Overview of command and control structure, including communications plan. g. Plan for medical emergencies, including an identified helicopter landing zone. h. Plan for post-fire monitoring and cleanup. Page 2 3. COUNTY FIRE will ensure that the Project is conducted under standard Incident Command procedures, including the provision for a Safety Officer, and will be responsible for the overall safe operation of the Project. 4. COUNTY FIRE will ensure that MROSD staff has an opportunity to use the Project as a training opportunity by involving MROSD staff in the fire fighting and in the planning and execution of the Project. COUNTY FIRE will allow at least one MROSD staff member,of supervisor or higher level, to be present at the command post at all times. Other MROSD staff or agents may be present as observers or participants. Participation by MROSD staff for training purposes shall in no way limit or affect the Indemnification and Release of Liability provisions set out in Section 6.0 of this permit to Enter. 5. COUNTY FIRE will limit off-road driving by fire apparatus to minimize soil compaction. 6. COUNTY FIRE will provide MROSD with a schedule of operations and keep MROSD informed of any changes in the schedule. 7. COUNTY FIRE will be responsible for clean up of the burn site and any staging and transit areas that are on MROSD property. 8. COUNTY FIRE will patrol the burn site at least twice on each evening after completing a j day's burning. Any signs of re-ignition will be immediately extinguished and any re-ignitions will be reported to MROSD. 9. In no event shall equipment or materials be left unattended on MROSD property. 10. MROSD shall provide COUNTY FIRE with lock combinations or keys for access to any necessary gates. 11. COUNTY FIRE shall be the lead agency for fire suppression and control for the duration of the Project. 12. A copy of this permit shall be maintained on site at all times while the Project is taking place. 13. MROSD will be responsible for informing neighboring residents and adjacent land owners of any p p site- re aration activities which involve burning( g)i.e. black-lining). 14. In the event that COUNTY FIRE produces for distribution a news release or other type of media advisory pursuant to the Project,MROSD will be provided with a draft of the release for review prior to distribution and will be given the opportunity to include in that document a typical MROSD descriptive paragraph. If COUNTY FIRE engages in any other publicity activity pursuant to the Project, MROSD shall be named as a cooperating agency. Page 3 15. In the event that MROSD produces for distribution a news release or other type of media advisory pursuant to the Project,COUNTY FIRE will be provided with a draft of the release for review prior to distribution and will be given the opportunity to include in that document a descriptive paragraph. If MROSD engages in any other publicity activity pursuant to the Project, COUNTY FIRE shall be named as a cooperating agency. 16. COUNTY FIRE will continue to work with MROSD to provide additional training opportunities (such as HazMat training) for MROSD staff at mutually acceptable dates and locations. 4.0 Term Access to the site for the purposes of this permit is limited to times and dates agreed upon in p � p �' P ( writing) between MROSD and COUNTY FIRE. In the event that the Project must be rescheduled, this permit will still be valid as long as MROSD has written notification of the new dates and MROSD has agreed in writing to the new date(s). In order to do site preparation, COUNTY FIRE may also access the site on dates which are mutually agreed upon. In any event, this permit expires on December 31, 2003. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: MROSD: L. CraigBritton General Manager g Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) copy to: John Maciel, Operations Manager COUNTY FIRE: Benjamin F. Lopes III J P Santa Clara County Fire Department 14700 Winchester Blvd. Los Gatos, CA 95032-1818 (408) 378-4010 (408) 378-4079 (FAX) I Page 4 6.0 Indemnification and Release of Liability COUNTY FIRE agrees that the use of equipment and tools on the property of MROSD shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public. COUNTY FIRE hereby waives all claims and recourse against MROSD, including the right of contribution for loss or damage to property, and releases, under this Permit to Enter, MROSD from any liability related to or in any way connected to COUNTY FIRE's activities or COUNTY FIRE's use of the Project site,premises, or facilities. COUNTY FIRE agrees to indemnify, hold harmless, defend and protect MROSD, its officers, officials, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses(including all reasonable attorney's fees),penalties,judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of COUNTY FIRE, under this permit to enter, both on and off the Project site. COUNTY FIRE and its agents shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers and guests) from any and all injury, death, or damage. 7.0 Insurance Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of the COUNTY FIRE's activities pursuant to this Permit to Enter. Limits shall be not less than $5,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This permit is not valid without COUNTY FIRE's insurance in effect asshown on the attached Certificate of Insurance Exhibit 2 which is made a art of this permit. The policy shall name MROSD as an s ce ( ), p p p Y additional insured. Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Each agency is responsible for the Workers Compensation coverage for their own employees, volunteers and agents. Such insurance policies shall not be cancelled or materially changed without thirty (30) days' j advance written notice to MROSD at the address shown under NOTICES. Page 5 These insurance requirements may be met by membership in a California Government insurance pool. Proof of such coverage and membership must be provided to MROSD. 8.0 Cancellation This Permit To Enter shall be cancelable by MROSD upon 24 hours notice to COUNTY FIRE. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. COUNTY FIRE By Date Mike E. Rock MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton, General Manager Attest Sally Thielfoldt,District Clerk Attachments: Exhibit I - Map of bum site Exhibit 2 - Certificate of Insurance Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R 03-46 Meeting 03-10 May 14, 2003 AGENDA ITEM 4 AGENDA ITEM Approval of Response to San Mateo County Grand Jury eport dated April 7, 2003 GENERAL MANAGER'S RECOMMENDATION --- Approve the attached Response from the Boar�fDirectors to the San Mateo County Grand Jury's Report of April 7, 2003 regarding the Coastal Annexation Project. DISCUSSION On April 7, 2003, the District received a report from the San Mateo County Grand Jury entitled "Midpeninsula Regional Open Space District Proposed Coastal Annexation." State law requires that no later than 90 days after submission of the report,the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations of the Grand Jury. As the governing body of the Midpeninsula Regional Open Space District, the District Board is required to submit the District's response. Staff has prepared the attached Response to be signed by the President of the Board of Directors to the San Mateo County Grand Jury and recommends Board approval. This Response will then be forwarded to the Grand Jury, County Clerk and Superior Court of San Mateo County as required by law. Prepared by: Susan Schectman, General Counsel 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 tmw O.'�" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton May 14, 2003 The Honorable Beth Labson Freeman Judge of the Superior Court Hall of Justice 400 County Center 2°d Floor Redwood City, CA 94063-1655 Re: RESPONSE TO SAN MATEO COUNTY GRAND JURY REPORT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROPOSED COASTAL ANNEXATION To the Honorable Beth Labson Freeman: The Board of Directors of the Midpeninsula Regional Open Space District has received the San Mateo County Grand Jury Report entitled"Midpeninsula Regional Open Space District Proposed Coastal Annexation"dated April 7, 2003. At its meeting of May 14, 2003, the Board of Directors adopted the following response to the Grand Jury Report. In accordance with law,this response is also being submitted to the County Clerk and Grand Jury. Grand Jury Recommendations Grand Jury Recommendation 1: The County should amend the Local Coastal Program to ensure agricultural land preservation is prioritized over competing uses,including public access. Trail permits, for example, should require buffer zones and construction of physical buffers as needed between the proposed trails and ancillary uses and any agricultural operations. I Response to Grand Jury Recommendation 1: This recommendation is inapplicable to the Midpeninsula Regional Open Space District. Grand Jury Recommendation 2: The District should revise its existing policies and Coastal Annexation Service Plan to include preservation of agricultural lands. This plan should include: a) The active pursuit of agricultural easements and Farmland Conservation funds b) Revised language in the proposed ordinance pr ohibiting acquisition of property hb Y eminent domain to ensure that involuntary conversions for agricultural easements are not precluded. Ju Response to Grand p ry Recommendation 2: The Recommendation either has been implemented as summarized below, or has not yet been implemented,but we expect that it will be implemented in the future in the event that the District Board of Directors approves the San Mateo Coastal Annexation Area Final Service Plan. I I Freeman May 14, 2003 Page 2 The Draft Service Plan in its current form specifically includes preservation of agriculture as an important project objective. The Draft Service Plan includes policies and guidelines that specifically relate to preservation of agricultural lands and operations.These policies are specifically"directed at preserving and fostering existing and potential agricultural operations in San Mateo County in order to keep the maximum amount of prime agricultural land and other lands suitable for agriculture in agricultural production(see Draft Service Plan,p. 11). Because the Draft Service Plan and accompanying Final Environmental Impact Report(FEIR) have not yet been presented to the District Board,the Board is not in a position to prejudge the results of those proceedings. In the event that the Board elects to proceed with the annexation, however, we have received no testimony to date that would support any reduction in the extent to which the Service Plan would support preservation of agricultural lands.Therefore,we expect that the Recommendation that the Service Plan include preservation of agricultural lands will be implemented if the annexation proceeds. Recommendation 2.a also states that the Service Plan be revised to include active pursuit of agricultural easements and Farmland Conservation Funds. The Board believes that the language of the Draft Service Plan makes it clear that active pursuit of agricultural easements is part of the project objectives. However, in view of the Grand Jury's Recommendation that this component be emphasized, the Board has directed staff to make the necessary revisions to the Draft Service Plan that will be presented to the Board for final approval. Similarly, the Board has directed staff to revise the proposed Final Service Plan to implement the Recommendation to pursue Farmland Conservancy Program grant funds, as well as other grant programs available to preserve agricultural operations. Recommendation 2.b states that the District retain the power of eminent domain in the Coastal Annexation Area(CAA)in order to provide the opportunity for certain tax advantages in acquisitions commonly know as"friendly condemnations." The Recommendation will not be implemented because it is not warranted for the following reason: As the Grand Jury notes,the District's determination not to exercise the power of eminent domain in the CAA was based upon a recommendation from the Coastal Advisory Committee. This was a broad-based Committee representing a wide variety of Coastside stakeholders,including a substantial representation from the agricultural community. It was the strong recommendation of the Committee that it was important for the success of the project that the District not exercise its power of eminent domain,and purchase lands from willing sellers only. While discussing this issue,the Committee specifically discussed the potential tax advantages that retention of the power of eminent domain might confer in a particular transaction. District staff explained the potential tax advantages from so-called"friendly condemnation" sales that sellers have been able to receive as a result of sales to the District.Notwithstanding this potential advantage from so-called"friendly condemnation,"it remained the recommendation of the Committee that the power of eminent domain not be exercised, even if this potential tax advantage could not be realized. The Board has made a commitment to the Committee and residents of the Coast that it will not exercise its power of eminent domain in the annexed area, and the Board feels it is essential to honor this commitment. The Board cannot simultaneously determine not to exercise this power Freeman May 14, 2003 Page 3 and still retain the power to offer"friendly condemnation"of any type of interest in land, including agricultural easements. Therefore,the Board respectfully declines to accept this recommendation from the Grand Jury. Grand Jury Recommendation 3: The District should prioritize agricultural operations and commit District resources to the protection of agricultural lands on a par with visitor-serving open space. Response to Grand Jury Recommendation 3: I To the extent this Recommendation intends that the District Service Plan contain provisions that j protect agricultural land operations on a par with protection of visitor-serving open space,the Recommendation will be implemented in the event that the Board approves the Final Service Plan as currently proposed. To the extent this Recommendation intends that the District Service Plan contain provisions that acquisition of land with current agricultural operations will be equivalent in acreage to acquisition of land that will be used for visitor-serving open space,this Recommendation cannot be implemented for the following reason: As stated in the Draft Service Plan,the extent and level of the expansion of services, and in particular acquisition programs,will be dependent on a number of factors including opportunities to acquire land offered by willing sellers without the use of eminent domain; additional funding opportunities from public or private sources to complement existing District resources for land acquisition; grants;requests by other public or private non-profit property owners for land management expertise and services; and the potential for expanded District revenues through a future voter-approved funding measure. Therefore, it is not possible to speculate about the nature on acreage of specific parcels or easements that the District may acquire under this Program to insure such equivalency. However,preservation of agricultural land and agriculture on the San Mateo County coast is a major component of the District's proposed annexation project as stated in the following mission statement for the Coastal Annexation Area: To acquire and preserve in perpetuity open space land and agricultural land of regional significance,protect and restore the natural environment,preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. In addition,the Draft Service Plan contains policies to preserve agriculture and to insure that the District's low intensity, visitor-serving uses do not adversely affect agriculture (see Draft Service Plan,p. 11). The Draft Service Plan does not place the value of protection of agricultural land or open space lands either above or below the other. This is because no such choice need be made, since the Service Plan requires that any visitor serving open space uses not adversely affect agriculture. Therefore,these land uses are protected on a par.The objective of the Service Plan and EIR is that these two uses co-exist successfully and compatibly by the use of appropriate mitigation measures and land management practices. i I Freeman May 14, 2003 Page 4 Grand Jury Recommendation 4: The District should immediately retain staff expert and experienced in agricultural operations. Response to Grand Jury Recommendation 4: This recommendation has not yet been implemented,but will be implemented in the future in the event that annexation is proposed and upon approval of the San Mateo County Coastal Annexation Area by the Local Agency Formation Commission(LAFCo). The District's existing staff currently consults with experts who are knowledgeable and experienced in agricultural land preservation and management on an as-needed basis. The Draft Service Plan provides a discussion on staffing levels when the annexation is completed(see Draft Service Plan,page 19). As the Grand Jury noted, in the Draft Service Plan,the District committed to"acquire the necessary staff and expertise in the area of agricultural land management." Initially, it is anticipated that a planning staff person would be hired to work with local residents and agricultural interests. In light of the extensive agricultural lands in the project area,the District would seek a staff person with the necessary expertise in agricultural operations. It is also possible that h t the District would continue to retain consultants with expertise in planning and p p P g managing particular types of agriculture to assist staff. Grand J10 Recommendation 5: I The District should ensure the Coastal Annexation Area, if approved, is specifically managed by j a er expert ert and experienced in agriculture operations. g P p �` p Response to Grand Jury Recommendation 5: This recommendation has not yet been implemented,but will be implemented in the future in the event that annexation is proposed and upon approval of the San Mateo County Coastal Annexation Area by LAFCo and subsequent acquisition of agricultural land within that area. As lands are acquired in the Coastal Annexation Area, staffing levels would increase as described in the Draft Service Plan(see Draft Service Plan,page 19). With the acquisition of agricultural lands the District would seek staff with knowledge and experience in agricultural operations and land management. The District will insure that personnel qualified and experienced in agricultural operations will oversee any agricultural programs or acquisitions undertaken by the District in the CAA. Grand Jury Findings For reference, each paragraph of the Findings will be referred to herein by number. j Paragraph 1: District has been successful in preserving open space in San Mateo County. j The District agrees with this Finding and thanks the Grand Jury for this affirmation. Paragraph 2: District does not currently have staff or experience in preserving agricultural lands as open space. II Freeman May 14, 2003 Page 5 The District agrees in part and disagrees in part with this Finding. The District has experience preserving a variety of agricultural lands as open space on lands it currently owns. For example: the District leases a 70-acre Christmas tree farm at Monte Bello and Skyline Open Space Preserves; the recently acquired 770-acre Big Dipper Ranch is leased by the District for grazing; the District leases 3-acre Picchetti Ranch Winery, including vineyards; and, until recently, a 2-acre chestnut orchard at Skyline Open Space Preserve was leased to the family who originally owned the property. In addition, the District is currently working with Ridge Vineyards to acquire conservation easements over vineyards at Monte Bello Open Space Preserve. The District does not currently have employees with specific expertise in management of agricultural operations,but as the Response to Recommendation 4 states, qualified personnel will be retained if the Annexation is approved. However,the District does have personnel highly qualified in a wide variety of resource management issues,which are also common to agricultural operations, such as erosion control,control of invasive and exotic species, avoidance of impacts on adjacent uses,and watershed and water source management.This expertise will be immediately valuable and available if the Annexation Project is approved. Paragraph 3: Compatibility of visitor serving and agricultural uses. The District disagrees partially with Finding 3 as follows: The District does not agree with the Grand Jury's finding that"Visitor-serving or residential uses and agricultural operations are not compatible."The District does agree with the Grand Jury's finding that buffer zones and physical barriers have been found to allow agriculture and open space uses to co-exist successfully. The DEIR recognizes that in some instances conflicts in use may arise when public access to open space is provided in close proximity to an agricultural operation. As a result,the District DEIR and Draft Service Plan contain mitigation measures and policies designed to avoid such land use conflicts. The nature of the recreational use and type of agricultural operation are key components in compatibility. The District agrees with the Grand Jury that"buffer zones and physical barriers that definitively separate agricultural operations and non- agricultural uses"are effective means to prevent or reduce user conflicts. Natural features such as topography,vegetation,watercourses and geology can also be effective buffers. Paragraph 4: Inapplicable to the Midpeninsula Regional Open Space District. Paragraph 5: Mission Statement. The District agrees that the Mission Statement for the Annexation Project includes the encouragement of viable agricultural use of land resources. Freeman May 14, 2003 Pag e 6 Paragraph 6: Prioritization of Agricultural Uses and Visitor-Serving Uses. The District agrees with the Finding that the Draft Service Plan contains the listed commitments to avoid adverse impacts on agriculture, to locate improvements away from agricultural lands, and to acquire the necessary staff and expertise in agricultural land management. The District disagrees that the EIR or Draft Service Plan does not give agricultural land preservation the same importance as preservation of visitor-serving open space for the reasons set out in Response to Recommendation 3. Paragraph 7: Funding for the Project. The District agrees with the Finding that the Annexation Project will not increase District funding and that any future parcel tax measure, if one were imposed, would currently require a 2/3 vote. Paragraph 8: Revenue Impacts will not be Significant. The District agrees with the Finding that potential revenue losses and service impacts to public agencies in San Mateo County from the Project will not be significant. Paragraph 9: Farmland Conservancy Grant Program. The District agrees with the Finding that the Farmland Conservancy Grant Program may provide grant funding to the District to assist in preserving agricultural lands.The District will seek this and other agricultural grant funding as stated in the Response to Recommendation 2.a. in the event that the annexation is proposed and approved Paragraph 10: Eminent Domain The District agrees that it currently has the power of eminent domain and that the Coastal Advisory Committee recommended that the District prohibit the use of eminent domain in the area to be annexed.The District has set out the manner in which the prohibition on the use of eminent domain will be made secure in the Draft Service Plan on pp. 10-11 and in the Draft EIR on p. IV-B-7, 8. Paragraph 11: IRS Tax Rules for Involuntary Conversions The District agrees that tax treatment of gains from sales of land by"involuntary conversion"exist and vary from case to case. CONCLUSION With respect,the District Board of Directors appreciates the Grand Jury's acknowledgment of the success and important role the Midpeninsula Regional Open Space District has played in preserving open space in San Mateo County. The Board appreciates the Grand Jury's recognition of the strong community support for the Coastal Annexation Project and for recognizing that the Project will not have a significant revenue impact on services in the Coastal Annexation Area. Freeman May 14, 2003 Page 7 However,the District Board strongly disagrees with any conclusion or suggestion that the Draft Service Plan does not sufficiently protect agricultural lands or that the public could have been misled about this document. This document was developed after substantial and lengthy public participation on the Coast and after many public hearings. The numerous and significant protections it contains for agriculture speak for themselves. The Board has insured, and will continue to insure,that the Draft Service Plan contains strong protections for agricultural operations. The Board has viewed, and will continue to view, agricultural preservation as a significant component of the Coastal Annexation Project. Sincerely, Nonette Hanko,President Board of Directors cc: MROSD Board of Directors L. Craig Britton, General Manager County Clerk Grand Jury I I I I I Regional Open �, ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-47 Meeting 03-10 May 14, 2003 AGENDA ITEM 5 AGENDA ITEM Authorization to Solicit Bids for Four(4)Fire Pumpers GENERAL MANAGER'S RECOMME ATI Authorize staff to advertise for bids to purchase four(4)fire pumpers. BACKGROUND At your March 26, 2003 meeting you approved the fiscal year 2003-2004 budget which included $40,000 for the purchase of four(4) fire pumpers(see Report R-03-34). All four units will be replacement/upgrades for fire pumpers that are approximately ten to fifteen years old. These new fire pumpers will be 125-gallon slip-on units with significantly increased performance and reliability over the existing units they are replacing. Fire pumper specifications for these units were developed in 2001, and staff has been very satisfied with the increased performance and reliability. Prepared by: David Topley, Support Services Supervisor 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 #g%fl w—m— Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton Claims No. 03-09 Meeting 03-10 Date 05/14/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5709 $26,438.77 2M Associates Coastal Annexation Consultant Study 5710 $508.26 Acme&Sons Sanitation Sanitation Services 5711 $151.13 ADT Security Services Burglar Alarm Service 5712 $1,434.00 Allied Auto Works Vehicle Service and Repairs 5713 $527.25 Arbill Glove&Safety Product Field Supplies 5714 $19.67 AT&T Telephone Service 5715 $301.48 AT&T Wireless Cellular Phone Service 5716 $50.20 Bailey's Field Equipment 5717 $22.19 Baron Welding&Iron Works,Inc. Hand Tool 5718 $142.13 Broughton,Obadiah Tuition Reimbursement-Emergency Response 5719 $91.18 Cal-Line Equipment,Inc. Vehicle Repair 5720 $94.59 California Water Service Company Water Service 5721 $461.00 Camino Medical Group Medical Services 5722 $17.77 Carter Industries Field Supplies 5723 $124.30 Cascade Fire Equipment Company Field Supplies 5724 $255.63 Costco Supplies 5725 $607.20 CQ-Industries,Inc. Volunteer Supplies 5726 $2,355.53 Cresco Equipment Rentals Equipment Rental 5727 $262.22 Cupertino Bike Shop Bicycle Supplies 5728 $450.00 Curiale Dellaverson Hirschfeld Legal Service 5729 $130.00 Decatur Electronics,Inc. Radar Certification 5730 $65.00 Del Rey Building Maintenance Light Repairs-Admin.Office 5731 $69.00 #1 Dittmer's Gourmet Local Business Meeting 5732 $65.62 Document Systems Office Supplies 5733 $6,598.31 Employment Development Dept. Unemployment Insurance-First Quarter 2003 5734 $39.20 Expanets Telephone System Maint.&Lease 5735 $3,685.26 First Bankcard 1759.75-Training&Conf.Exp. 79.96-Internet Services 403.01-Field Equip.Supp.&Uniform Exp. 834.15-Special Events Expenses 481.02-Office Supplies 127.37-local Business Meeting 5736 $28,735.09 Folsom Lake Ford Vehicle Purchase-Ford F561 5737 $509.11 Forestry Supplies,Inc. Field Supplies 5738 $8.50 Foster Brothers Key Duplications 5739 $57.24 Freeman,Matt Reimbursement-Mileage 5740 $636.36 Fry's Electronics Computer Supplies 5741 $87.36 G&K Service Shop Towel Service 5742 $657.68 Gardenland Power Equipment Field Supplies&Equipment 5743 $660.73 Goodco Press Inc. Warning Notice Booklets,Letterhead&Envelopes 5744 $186.34 Granite Rock Company Base Rock-Skyline Ridge Trail 5745 $460.00 Green Waste Recovery,Inc. Garbage Services 5746 $925.23 Jos.J.Albanese,Inc. Demolition-Handball Court-St.Joseph 5747 $53.23 Kinko's Printing Services 5748 $503.21 Lab Safety Supply Field Supplies Page 1 of 3 Claims No. 03-09 Meeting 03-10 Date 05/14/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5749 $1,300.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 5750 $2,289.00 Macias,Gini&Company Auditor Services 5751 $45.65 MCI Long Distance Telephone Service 5752 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 5753 $918.93 MetroMobile Communications Radio Repairs&Maintenance 5754 $97.00 Miller,Ken Reimbursement-EMT Training 5755 $5.67 Noble Tractor,Inc. Tractor Supplies 5756 $3,888.60 North American Title Company Title&Escrow-Thompson Property 5757 $138.28 Orchard Supply Hardware Field Equipment&Supplies 5758 $89.95 Pacific Bell Telephone Service 5759 $743.00 Pitney Bowes,Inc. Annual Postage Maintenance Fee 5760 $23.45 Prodigy Communications Corp. Internet Connection-FFO-Last Payment 5761 $16.14 Rancho Cobbler&Cleaners Boot Repair 5762 $13.86 Rancho Hardware&Garden Shop Field Supplies 5763 $822.51 Redwood General Tire Co.,Inc. Tire Repair&Tires 5764 $60.18 Reed&Graham,Inc. Rice Straw Bales for Trail Reroute-Rancho San Antonio 5765 $150.00 Rich Voss Trucking,Inc. Base Rock Delivery Charges 5766 $1,554.83 Roy's Repair Service Vehicle Repairs&Service 5767 $433.29 San Jose Water Company Water Service 7 5 68 $810.00 #2 Santa Clara County Building Dept. FFO Shop Facility-Permit 5769 $440.00 Santa Clara County-Office of Sheriff Fingerprinting 5770 $353.55 Shell Credit Card Center Fuel 5771 $187.92 Stevens Creek Quarry,Inc. Base Rock 5772 $840.02 Summit Uniforms Uniform Expense � 5773 $446.69 Tadco Supply Janitorial Supplies 5774 $56.58 Tony&Albas Pizza Local Business Meeting Expense 5775 $87.76 Turf&Industrial Equipment Co. Vehicle Supplies 5776 $62.94 United Parcel Service Parcel Shipping 5777 $81.57 United Rentals Northwest,Inc. Equipment Rental 5778 $600.00 West Valley-Mission College Registration Fee-4WD Training 5779 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 5780 R $251.37 ADT Security Services Burglar Alarm Service 5781 R $500.00 American Tower Corporation Radio Repeater-Coyote Peak 5782 R $122A9 Browning-Ferris Industries Refuse Services 5783 R $345.33 Bruce Barton Pump Service,Inc. Water System Repair-Sherrill Property 5784 R $200.00 Clark Pest Control Pest Control 5785 R $409.03 Foster Brothers Keys&Locks 5786 R $349.54 Goodco Press Inc. Printing Services-Business Cards 5787 R $591.61 Harari-Kremer,Ruthie Reimbursement-Training 5788 R $1,485.63 Home Depot,Inc. Field Supplies&Equipment 5789 R $77.55 Indoff Incorporated Cafeteria Furniture 5790 R $940.25 Los Altos Garbage Co. Refuse Services 5791 R $65,188.35 Maita Chevrolet Two Chevrolet Trucks 5792 R $110.00 Manager's Edge Annual Subscription Page 2 of 3 I Claims No. 03-09 Meeting 03-10 Date 05/14/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5793 R $50.00 Miller,Ken Reimbursement-EMT Certificate Fee 5794 R $142.23 Northern Energy,Inc. Propane Service&Tank Rental 5795 R $1,310.95 Office Depot Office Supplies 5796 R $3,570.00 Old Republic Title Company Title Services 5797 R $34.16 Orlandi Trailer Trailer Accessories 5798 R $139.06 Pacific Bell Telephone Service 5799 R $568.57 Panko Architects Architectural Service-FRO Shop Facility 5800 R $273.68 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 5801 R $3.36 PhotoTime Slides 5802 R $145.40 Recreational Equipment,Inc. Uniform 5803 R $8125 Rice Trucking-Soil Farm Delivery Services 5804 R $193.23 Second Cup Caf6 Local Business Meeting 5805 R $1,770.00 Seever,Richard DBA Rural Pig Mgmnt Pig Control Services 5806 R $51.34 Verizon Pager Service 5807 R $172.16 West Coast Aggregates,Inc. Base Rock for Pulgas Trail Repair 5808 R $300.00 Wolfe,Roberta Recording Services 5809 R $87.38 Xpedite System,Inc. Fax Broadcast Systems Services Total $174,811.83 #1 Urgent Check Issued 4/28/03 #2 Urgent Check Issued 4/29/03 Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: May 9, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosdoopenspace.org • Web site: www.openspace.org Regional O en � ice g p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams, Deal Property Representative Date: May 8, 2003 /� Subject: Management Agreement of the Peninsula Open Space Trust Remainder Interest in the former Pezzoli Property at the Sierra Azul Open Space Preserve Escrow closed for the subject transaction on April 8, 2003 and a remainder interest and conservation n were conveyed to Peninsula Open Space Trust POST for this 34-acre property. The close easement y p p (POST) P P of escrow is the effective date of the Management Agreement entered into on June 6, 1996 which was approved by the Board of Directors at their meeting of December 20, 1995. Acquisition staff is meeting with the Life Estate holder to inspect the property and set up base line documentation for periodic monitoring of the POST conservation easement. The conservation easement requires notifying the Life Estate holder before entering the property. However, Operations staff lease notify Acquisition staff of an unusual incidents occurring on or in the vicinity of the P fY q Y subject property. ' DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval � Preserve/Area County/A.P.N. Grantor Acres (Fee, Easement,Lease, Date/Res. No. Mgmt Agmt.) Sierra Azul 558-31-008 Pezzoli 34 Management December 20, 1995 Santa Clara County Agreement Res. No. 95-49 Dedication Date/ Mgmt. Status: Status: Closing Date (Open, Closed, CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) N/A Closed N/A N/A N/A Misc. Notes: cc: Board of Directors Administration Operations - See attached copies of the Management Agreement and Conservation Easement. 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 ®FEES 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 race INTER-OFFICE MEMORANDM'p' ��? -��"- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton, General Manager , From: M. Williams, Real Property Representative Date: April 14, 2003 eSubject: Procter Water Reserve Property ryAddition to Thornewood Open Space Presery A Gift Deed was recorded on April 2, 2003 and title to and possession of this .23-acre parcel passed to the District. In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991 (see Report R-91-62), wit: The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: 1. The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and 2. The Cost does not exceed the General Managers authority as provided in Section 5549(b) of the Public Resources Code as approved by the Board of Directors from time to time; and 3. The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time; The General Manager signed a Certificate of Acceptance on March 20, 2003 and a Gift Deed was recorded on April 2, 2003 for the subject property, based upon the General Manager's determination that acceptance of this gift is in accordance with the above stated policy. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Count /A.P.N. Grantor Acres (Fee,Easement Lease Preserve/Areay Date/Res. No. M t A mt. -7 Thornewood San Mateo Procter .23 Fee See Above 075-123-030 Dedication Date/ Mgmt. Status: Status: Closing Date (Open, Closed,CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) April 2, 2003 Open Intended Gift 0 Misc. Notes: cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 650-691-1200 � Fax: 650-691-048-3 • E-mail:mrosd@openspace.org , Web site:wvvw.openspace.org �'-S, Board or Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz * General Manager:L.Craig Britton THORNEWOOD OPEN SPACE PRESERVE AND[PROCTER WATER RESERVE) A -- — PROCTER s�7 WATER RESERVE 'Ao Fl Oda Rd. (Cq 8 Q 4 �a �a Qo L a /l ly THORNE WOOD OPEN V j <atio SPACE PRESERVE y�,a.r. Rd. �,/ �• O d 41 Mar Rd. rid Rq O, s i sa d r� l' t r � � Miles a� 0 0.1 0.2 0.4 �a Regional Open 'ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM i To: C. Britton, General Manager Y (' From: M. Williams, Real Property Representative Date: April 23, 2003 f Subject: Thompson Property Addition to Saratoga Gap Open Space Preserve i Escrow closed for the subject transaction on April 23, 2003 and title to and possession of this 200.79- 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 February 12, 2003. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Gra4tor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Saratoga Gap Santa Clara County Thompson 200.79 Fee February 12, 2003 351-16-022,023 Res . t J 0 . 0 3-0 4 351-27-002,003 Mgmt. Status: Dedication Date/ Closing Date (Open,Closed,CMU, Status. Type Purchase Price GIS Code or Other) Mended Withheld) April 8, 2003 Closed Witheld $2,600,000.00 Misc. Notes: Operations/Planning: Demolition and removal of small cabin and accessory improvements should proceed as soon as possible. Prior to completing this demolition project,the cabin should be boarded up and secured immediately as it is vacant and an attractive nuisance. cc: Board of Directors Administration Operations Accounting Planning 330 Distel Circle • Los Altos, CA 9402 2-1 404 Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org tm� OEREEs Board of Directors: Pete Siemens, Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz • Genera!Manager:L.Craig Britton BAY AREA May 2, 2003 OPEN SPACE C 0 U N C*I L Honorable President Hanko and Members of the Board of Directors Midpeninsula Regional Open Space District STEERING COMMITTEE (LEGISLATIVE AFFAIRS) 330 Distel Circle STEVE ABBORS Los Altos, California 92022 East Bay Municipal Utility District ROSEMARY ALEX City of Dublin CRAIG ANDERSON Dear President Hanko and Directors: L anndPaths JIM SALL Solano Land Trust TINA GATT On behalf of the Bay Area Open Space Council I am writing to Muir Heritage Land Trust ROBERT BERNER strongly support the proposed extension of Midpeninsula Regional Open Merin Agricultural Land Trust GCity oG BE TTS Alto Space District boundaries to include the coastal portion of San Mateo Palo MARY BIGGS Bodega Land Trust County. ROBERT BRENT Sonoma Land Trust FRANCES BRIGMANN Merin County Open Space District The Bay Area Open Space Council is a voluntary collaboration of CRAIG BRIT TON Midpeninsula Regional Open Spam District public agencies and non-profit organizations who work to protect, CRAIG BRONZAN City of Brentwood steward, provide appropriate recreational opportunities for the region's RON BROWN Sam Mount Diablo important habitat, agricultural and other open space lands. Our mission HARRIET BURGESS American Land Conservancy includes helping build the institutional and financial capacity needed to SHARON BURNHAM South Livermore Valley Agricultural Land Trust preserve and manage those lands which have been identified in local plans MARY BURNS County of San Mateo DAN GATHER and policies as important for preservation, restoration and sustainable City of Walnut Creek JANET COBS management. California Oak Foundation LAURA COHEN Rails to Trails Conservancy PATRICK CONGDON The Open Space District's proposed coastal annexation will fill a Santa Clara County Open Space Authority KENNETH CRAIG critical institutional gap in preservation and management capacity. Much Livermore Area Recreation and Park District BOB DOYLE progress has been made in protecting and improving the stewardship of East Bay Regional Park District HARRY ENGLEBRIGHT San MateoI s unique coastal habitats and agricultural lands, as well as in Tri-City and County Cooperative Planning Group JOHN HOFFNAGLE providing outstanding recreational opportunities for the public. However, Land Trust of Napa County BETH HUNING San Francisco Bay Joint Venture continued progress depends on further strengthening local institutional LISA KILLOUGH County of Santa Clara capacity. Extension of Midpeninsula Regional Open Space District Tom KRUSE Greater Vail**Recreation District boundaries to include the coastal side of San Mateo County is the logical ANDREA MACKENZIE Sonoma County Agricaitural Preservation and Open way to effectively provide the capacity needed to protect key resources District JEREMY MADSEN through acquisition of conservation easements and fee title ownership, and Greenbek Alliance JANET MCBRIDE to monitor and steward those resources for future generations. Francisco Fncisco Bay Trail Project DAVID MITCHELL City of San Jose PAM M UI Calitom is Native PlantCK Society We encourage you to move forward with the proposed extension of the NANCY RICHARDSON Land Trust for Santa Clara County District's boundaries to include the uniquely valuable habitat, agricultural RY RUST Peninsula Open Space Trust and recreational resources of the San Mateo coast. PHILIP SALES County of Sonoma 13ARBARA SALZMAN Merin Audubon Society Sincerely, SUSAN SMARTT California State Parks Foundation FRED SMITH City of Brisbane MIKEty of Daly STALL CityG INS Ci BRIAN STEEN Woodbury Sampervirens Fund PRISCILLA STUCKEY Butters Land Trust KAREN SWEET Alameda County Resource Conservation District RICHARD THOMPSON BAY AREA OPEN SPACE COUNCIL Agricultural Trust of Contra Costa County HOLLY VAN HOUTEN John Woodbury,Director Bay Area Ridge Trail Council Tim W I R T H 246 John Street,Oakland,CA,94611 e tel:510-654-6591 a fax:510-654-5673 Trust for Public Land jots-4openspocecounclorg*www.openspocecouncit.org Regional (open Y -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 25, 2003 Paul Morabito, Chairman California Coastal Conservancy 1330 Broadway, 1 lth Floor Oakland, CA 94612 Dear Mr. Morabito: I am writing to urge your support for and to underscore the significance of a potential $5 million grant from the Coastal Conservancy to the Peninsula Open Space Trust(POST) for the Bolsa Point Ranches project in San Mateo County. The Conservancy's support of POST's efforts to preserve the Bolsa Point Ranches complex would make an important contribution to regional efforts to help ensure that future generations enjoy the rural and agricultural San Mateo coast as we know it today. A 1,719-acre property, located just south of Pescadero Road along Highway One, Bolsa Point Ranches features over 1,000 acres of coastal habitat, providing a refuge for a diverse array of plant, wildlife, and natural communities, including several endangered species, such as the California Tiger Salamander, red-legged frog, and San Francisco Garter Snake. It also features hundreds of acres of productive agricultural lands. These agricultural lands, which are currently leased to local farmers, are of vital importance to the Central Coast. A grant from the Coastal Conservancy will ensure their permanent protection. The lands protected through this project comprise a significant and pastoral portion of the view from Pigeon Point Light Station Historic State Park and they adjoin beaches that will be g � transferred to the State Department of Parks and Recreation. By protecting the agricultural lands and buffer areas on Bolsa Point Ranches, the proposed grant will help preserve the integrity of one of the Coast's most popular and often-photographed state arks. i P pp As you know, the San Mateo coast is one of the few, precious, remaining rural coastal areas in close proximity to a major urban area. I encourage your support for POST's Bolsa Point Ranches project to help preserve the natural, cultural, and scenic resources of the San Mateo Coast. Sincerely, L. Cr ' ritton General Manager LCB/emc 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,Jeri Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton STANFORDVPEN SPACE ALLIANCE P.O. Box 19742 •Stanford,CA 94309 •(650)223 3333 • www.sos-aillance.ory • lnfa@sos-alliance org April 11,2003 Dear Friend, When you think of the Stanford foothills, what image comes to mind? For many people it's the rolling hills along Page Mill Road that serve as nature's gateway between the urbanized Industrial Park and the rural foothills. Unfortunately, this area would receive minimal protection under the proposed zoning for the Open Space/Field Research (OS/F)District. On April 3, the County Planning Commission approved language for the Stanford hillside zoning and forwarded the issue to the Board of Supervisors. Although SOSA and the Committee for Green Foothills made considerable progress over the past few months, there's still a lot of work to be done. First I'd like to focus on our accomplishments: • We succeded in adding a GIS-based Viewshed Analysis to the set of tools used to identify the most visually-sensitive areas of the foothills. Development will be discouraged in these locations. • Conservation easements will be located in the OS/F District rather than in the Special Conservation Areas where development is already limited. • The Planning Commission, rather than the Architecture and Site Approval Committee, will review any development proposed within areas of higher visual sensitivity. Although some progress was made, we were frustrated by the Planning Commission's recommendations the made to Countystaff. When staff ruled lack of follow through on rec � Y out suggestionsg dropped for one reason or another, the issue would et dm without further discussion. One C omnmissioner Jack Bo approved if Stanford had a roved of the suggested zoning changes, as if this should influence the Commission's decision. The next phase of our campaign will focus on lobbying the Board of Supervisors,who will likelyhear the issue in late May or earl June. We're as them to: Y Y • Protect the oPan s aloe both sides of Page Mill Road west of uni o Serra Pace g g J Blvd./Foothill Expressway. • Include the S-1 and C-1 trails in the Viewshed Analysis. • Prohibit commercial antennas in the foothills. • Protect sensitive wildlife habitat in the OS/F District. Although views from most major transportation corridors are included in the Viewshed Analysis, Y the C-1 and S-1 trails are noticeably absent. County argued staff that including the trails would be too difficult since the alignments have yet to be determined. To address this,we've proposed the following language: "When the locations of the C-1 and S-1 trails on Stanford lands are determined, the GIS Viewshed Analysis shall be promptly amended to add the visual impact from these trails,including the added element of notable trail lookouts." On the issue of commercial antennas, the County Planning Department continues to argue that they should be allowed in the foothills. However,the Stanford Community Plan only allows "specialized facilities and installations that by their nature require a remote or natural setting, such as astronomical or other antennae installations or structures accessory to field study activities." Since commercial antennas are not related to field study activities, they clearly should not be allowed. We are asking the Supervisors to prohibit them in the OS/F District We also are recommending that wildlife habitat within the OS/F District be studied and rated in a manner similar to the viewsheds. Development should then be discouraged from the areas with the greatest habitat value. On the other hot topic-the Stanford trails-we've created a C-1 Trail Position Paper (enclosed) that has been endorsed by 13 community organizations. Santa Clara County is waiting for a lawsuit between homeowners in the Weekend Acres neighborhood and the County of San Mateo to be resolved before moving forward on this issue. We'llkeep you posted as new developments arise. Take Action Our ability to influence the Supervisors is directly related to the commitment and involvement of members like you. Please take a few minutes to support our efforts to protect the foothills by: 1. Using the enclosed remit envelope to send a generous donation to SOSA. 2. Signing and sending the enclosed postcard to the Supervisors. We've enclosed some extras for your family and friends. 3. Writing a short letter to the Supervisors in support of strong hillside zoning (letters weigh more heavily than postcards): Santa Clara County Board of Supervisors 70 West Hedding St., 10''Floor San Jose, CA 95110 I Fax: (408) 298-8460 We can and we will protect the foothills,but we need your help. Please act now while the issue is fresh on your mind. Sincerely, Peter Drekmeier Director P.S. We would like to thank Denice Dade,former Legislative Advocate for the Committee for Green Foothills,for all the awesome work she did to protect the foothills. Denice has moved on to pursue other dreams,and we wish her the best of luck. We're excited that Brian Schmidt,a graduate of Stanford Law School,will be filling her shoes at CGF. Good thing Device is more comfortable in hiking boots than high heels! i On the issue of commercial antennas, the County Planning Department continues to argue that they should be allowed in the foothills. However, the Stanford Community Plan only allows "specialized facilities and installations that by their nature require a remote or natural setting, such as astronomical or other antennae installations or structures accessory to field study activities." Since commercial antennas are not related to field study activities, they clearly should not be allowed. We are asking the Supervisors to prohibit them in the CGS/F District We also are recommending that wildlife habitat within the CS/F District be studied and rated in a manner similar to the viewsheds. Development should then be discouraged from the areas with the greatest habitat value. On the other hot topic-the Stanford trails-we've created a C-1 Trail Position Paper (enclosed) that has been endorsed by 13 community organizations. Santa Clara County is waiting for a lawsuit between homeowners in the Weekend Acres neighborhood and the County of San Mateo to be resolved before moving forward on this issue. We'll keep you posted as new developments arise. Take Action Our ability to influence the Supervisors is directly related to the commitment and involvement of members like you. Please take a few minutes to support our efforts to protect the foothills by: 1. Using the enclosed remit envelope to send a generous donation to SCSA. 2. Signing and sending the enclosed postcard to the Supervisors. We've enclosed some extras for your family and friends. 3. Writing a short letter to the Supervisors in support of strong hillside zoning (letters weigh more heavily than postcards): Santa Clara County Board of Supervisors 70 West Hedding St., 10' Floor San Jose, CA 95110 Fax: (408) 298-8460 We can and we will protect the foothills,but we need our help. Please act now while the P Y P issue is fresh on your mind. Sincerely, V"t, D OL,,-� Peter Drekmeier Director P.S.We would like to thank Denice Dade,former Legislative Advocate for the Committee for Green Foothills,for all the awesome work she did to protect the foothills. Device has moved on to pursue other dreams,and we wish her the best of luck. We're excited that Brian Schmidt,a graduate of Stanford Law School,will be filling her shoes at CGF. Good thing Denice is more comfortable in hiking boots than high heels! Position Paper: Stanford C 1 Trail Endorsed by Stanford neighbors and the environmental community April 10, 2003 Executive Summary We, Acterra,Committee for Green Foothills,Committee to Save the Stanford Golf Course, Families for Fair Government,Ladera Community Association,Mid-Peninsula Action for Tomorrow(MPACT),People for Access to Trails in the Hills at Stanford(PATHS), Santa Clara County Green Party,Santa Clara Valley Audubon Society,Sierra Club Loma Prieta Chapter, Stanford Greens,Stanford Open Space Alliance,and Stanford Weekend Acres Neighborhood Association, endorse the Cl-B (Community Endorsed Trail)alignment for the trail Stanford University is required to provide on the northwest side of campus under the terms of the Stanford General Use Permit(GUP). This trail alignment is required as mitigation for Stanford's 5 million square feet of development over the next ten years, and is required to be safe and recreational as specified through the conditions of the GUP and Countywide Trails Master Plan. Trail alignment Cl-C(Stanford Roadside Route)is unacceptable because of its documented risk to public safety,environmental impacts, and minimal recreational value. Trail alignment Cl-A, and an other alignment alon side the eastern banks of San Francis uito Creek is unacceptable Yg q P because of negative impacts on the environment and irreconcilable use conflicts with the Stanford Go Course e and the Native Amen can sweat1 lodge area. Background On December 12 2000 the Santa Clara County Supervisors Board of S ervisors approved Stanford's General Use Permit(GUP) and Community Plan, granting the University approximately 5 million square feet of development over the next ten years. In exchange for this development entitlement, Stanford agreed to meet all the conditions of the GUP as set by the County. One condition reads: "Stanford shall dedicate easements for, develop, and maintain the portions of the two trail alignments which cross Stanford lands shown in the 1995 Santa Clara Countywide Trails Master Plan(Routes Sl and Cl)..." On June 25,2002, the Board of Supervisors agreed to move forward with environmental review for two alignments for the C-1 trail(in the area of San Francisquito Creek and Alpine Road). Environmental groups,hikers,neighbors and community associations have endorsed the Cl-B (Community Endorsed Trail)alignment. This alignment would provide a safe, recreational trail as required by the GUP and Countywide Trails Master Plan, and would help mitigate Stanford's 5 million square feet of development. Trail alignment Cl-C(Stanford Roadside Route)is unacceptable because of documented risks to public safety and minimal recreational value. C 1-13 "Community Endorsed Trail" Desirable Features: • Has"Medium to High"recreational value as assessed by County staff. • Has low environmental impact as determined by County staff. 0 Requires no negotiation with San Mateo County or other landholders. Po, t Paper:Stanford C1 Trail,page 2 • Has no impact on private property owners in the Stanford Weekend Acres neighborhood. • Avoids unsafe crossings with roadways and driveways. • Avoids the entrance and exit ramps of Highway 280 by utilizing a service tunnel under the freeway. • Provides recreational opportunities to the residents of proposed new faculty housing development adjacent to the Stanford Golf Course, as intended by the GLJP mitigation. Il C I-C "Stanford Roadside Route" Undesirable Features: • Creates unsafe conditions, as two-way trail traffic would have to negotiate vehicle traffic from numerous driveways and roads in the Stanford Weekend Acres neighborhood. Provides minimal recreational value due to its close proximity to busy roadways for the entire length of the trail. With 31,000 vehicle trips per day, the noise and exhaust from traffic on Alpine Road does not create a pleasant environment for trail users. 0 Requires the removal of more than 40 trees, including some heritage oaks that are as large as 48 inches in diameter. * Requires fortification of creek banks. 9 Calls for widening the existing neighborhood footpath along the lower reaches of Alpine Road to 12-16 feet,creating more impervious surfaces and causing increased run-off into Los Trancos and San Francisquito Creeks. We note that our concerns about the Cl-C alignment are shared by Santa Clara County Parks and Recreation staff. In its report to the Santa Clara County Board of Supervisors dated April 30,2002, staff noted that the Cl-C alignment would have"High impacts" on private homeowners in the Stanford Weekend Acres neighborhood. Staff also characterized the Cl-C alternative as having "Medium to High" risks to public safety as a result of close proximity to Alpine and Sand Hill Roads. Palo Alto,Portola Valley,Menlo Park, and Midpeninsula Regional Open Space District also have expressed concerns about the C1-C alignment. This position paper has been formally adoped by the following 13 organizations: Acterra,Committee for Green Foothills,Committee to Save the Stanford Goff Course,Families for Fair Government,Ladera Community Association,Mid- Peninsula Action for Tomorrow (MPACT),People for Access to Trails in the Hills at Stanford(PATHS),Santa Clara County Green Party,Santa Clara Valley Audubon Society,Sierra Club Loma Prieta Chapter,Stanford Greens,Stanford Open Space Alliance, and the Stanford Weekend Acres Neighborhood Association. Pr_ a Paper:Stanford C1 Trail,page 2 • Has no impact on private property owners in the Stanford Weekend Acres neighborhood. • Avoids unsafe crossings with roadways and driveways. • Avoids the entrance and exit ramps of Highway 280 by utilizing a service tunnel under the freeway. • Provides recreational opportunities to the residents of proposed new faculty housing development adjacent to the Stanford Golf Course, as intended by the GLJP mitigation. C I-C "Stanford Roadside Route" Undesirable Features: • Creates unsafe conditions, as two-way trail traffic would have to negotiate vehicle traffic from numerous driveways and roads in the Stanford Weekend Acres neighborhood. Provides minimal recreational value due to its close proximity to busy roadways for the entire length of the trail. With 31,000 vehicle trips per day, the noise and exhaust from traffic on Alpine Road does not create a pleasant environment for trail users. • Requires the removal of more than 40 trees, including some heritage oaks that are as large as 48 inches in diameter. • Requires fortification of creek banks. • Calls for widening the existing neighborhood footpath along the lower reaches of Alpine Road to 12-16 feet,creating more impervious surfaces and causing increased run-off into Los Trancos and San Francisquito Creeks. We note that our concerns about the C1-C alignment are shared by Santa Clara County Parks and Recreation staff. In its report to the Santa Clara County Board of Supervisors dated April 30, 2002, staff noted that the Cl-C alignment would have"High impacts" on private homeowners in the Stanford Weekend Acres neighborhood. Staff also characterized the C1-C alternative as having "Medium to High" risks to public safety as a result of close proximity to Alpine and Sand Hill Roads. Palo Alto,Portola Valley,Menlo Park, and Midpeninsula Regional Open Space District also have expressed concerns about the Cl-C alignment. This position paper has been formally adoped by the following 13 organizations: Acterra, Committee for Green Foothills,Committee to Save the Stanford Golf Course,Families for Fair Government,Ladera Community Association,Mid- Peninsula Action for Tomorrow (M]?ACT),People for Access to Trails in the Hills at Stanford(PATHS), Santa Clara County Green Party,Santa Clara Valley Audubon Society,Sierra Club Loma Prieta Chapter,Stanford Greens,Stanford Open Space Alliance,and the Stanford Weekend Acres Neighborhood Association. RicHARDGoRDON Board of Supervisors s APR Z 3 2003 County of San Mateo --- - E April 22, 2003 Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Craig, I wanted to thank you and your staff for the time everyone took last Friday to provide background on MROSD's work and a tour of the Skyline Field Office as well as the preserves along Highway 35. It was particularly interesting learning about the El Corte de Madera Preserve. Your candor in pointing out the erosion challenges caused by off-road biking and the district's efforts to address this issue is appreciated. As you know we work with many diverse constituent groups and it is always good to hear information first-hand, in particular, to see the district actively evaluating and maintaining its preserves. The beauty of open space was quite evident during our tour, and was clearly enjoyed even by the rangers on MROSD staff. Thank you again for this opportunity to spend the morning together and for educating myself and my staff on your organization's good v,ork. Sin rely, Richard Gordon 4 0 a� a County Government Center c Direct(650) 363-4569 401 Marshall Street ��onnsv sba Coastside (650) 573-2222 Redwood City, CA 94063 Fax(650) 599-1027 SACRAMENTO OFFICE COMMITTEES Ills STATE CAPITOL.ROOM 2082 SACRATMENTO.44 -6747 900 .�i .�Xytt�Y P �1Ayt'�y f� TELNTO,CA 95814 C-1 LL -l--LL�� L _J GLLN L CHAIR: FAX/9161323-4529 ENVIRONMENTAL QUALITY CHIEF OF STAFF BUDGET&FISCAL REVIEW KIP LIPPER SENATOR SUBCOMMITTEE NO.2 DISTRICTOFFICES BYRO N D. S H E R MEMBER: 664 GILMANILMAN STREET BUDGET&FISCAL REVIEW PALO ALTO,CA 94301 ELEVENTH SENATORIAL DISTRICT CONSTITUTIONAL TEL 16501 688-6374 AMENDMENTS FAX(6501688-6378 EDUCATION 100 PASEO DE SAN ANTONIO,SUITE 206 „Ip ENERGY,UTILITIES SAN JOSE.CA 951 13 d TEL(408)277-9460 `? &COMMUNICATIONS FAX I4081 277-9464 'w JUDICIARY NATURAL RESOURCES DISTRICT COORDINATOR &WILDLIFE MIKE POTTER /' PUBLIC SAFETY EMAIL ADDRESS Apri , 2003 SENATOR.SHER@SEN.CA.GOV SUBCOMMITTEES: ADMINISTRATION OF JUSTICE TOXIC MATERIALS Paul Morobito, Chair SELECT COMMITTEES: Coastal Conservancy BAY AREA TRANSPORTATION INESTIGATE PRICE 1333 Broadway, I Vh Floor MANIPULATION OF THE Oakland, CA 94612 WHOLESALE ENERGY MARKET MOBILE&M.ANUFACTUPED HOMES SUBJECT: Support for Midpeninsula Regional Open Space District's Grant Application to Acquire Addition to Bear Creek Redwoods Open Space Preserve Dear Chair Morobito: I am writing to urge your support of a grant application to assist the Midpeninsula Regional Open Space District in acquiring an important addition to the Bear Creek Redwoods Open Space Preserve. The District is applying to the Conservancy for a$1,807,500.00 matching grant to help purchase 198 acres of forested land that is a natural extension of the existing Preserve. Located south of Los Gatos in the Santa Cruz Mountains,the 1,071-acre Bear Creek Redwoods Open Space Preserve encompasses a mature Douglas fir and redwood forest, forming a scenic backdrop to the Lexington Reservoir Basin. In the midst of the Preserve and forming a significant part of this backdrop is the 264-acre Presentation Center property. It includes a conference and retreat center and approximately 228 acres of private land. This property provides the"missing link"to the ridge top preservation and fills most of the gap between two areas of the preserve that are currently separated. The District has the opportunity to permanently protect the undeveloped portion of the Presentation Center property,by acquiring 198-acres of open space in fee,and protecting an additional 30 acres of forested land under a timber restriction agreement. The District currently holds an option to acquire these property rights. Densely forested with Douglas fir and redwoods,the steeply sloped property is partially surrounded by the Preserve and includes the uppermost reaches of Collins Creek, Webb Creek, and Zayante Creek. An area of exceptional biodiversity,the property is home to a second-growth redwood forest,ten special status plant species,and fifteen animals of special concern. Recreational opportunities abound with many trails already intersecting with established trails on the Preserve, thereby providing continuity to the trail network. The area adjacent to the intersection of Bear Creek Road and Summit Road is ideally suited for trailhead access and a safe regional parking area. This potential addition to the Bear Creek Redwoods Open Space Preserve is an important project for preservation of redwood forest, scenic resources,wildlife habitats, and public low intensity recreational opportunities. The property is a natural extension of the existing open space preserve, and we would appreciate your consideration in helping to fund this exceptional project. This grant will help make permanent protection of this land a reality,thus ensuring its environmental values are preserved, and the recreational values of the preserve are enhanced. \ • V 1 n T Class of 2003 I - - I L LL 0 u teer r atro M M � e tf x I � 5 M i 1 Y a t ' x qY Front Row: Ranger Anthony Correia, John Malecki, Liang Tue, Dena Porter, Jon (Left to Right) Pollick, Steve Rounds, John Ertel, Claudia Newbold, Pat Dallam, Matthew Jockers Second Row: Susan Woita, Trena Cormier, Amy Wang Back Row: Kathleen Jones, Lorelei Arellano, Paul Mennega, Jon Easterbrook, Joan Meehan, Mike Harper, George Mansfield, David Berkstresser, Lars Kallman Not Pictured: Rich Andrews, Katherine Greene, Ken Jeffery, John Morgan, Karen Morgan, John Shalamskas Regional Open !, ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REVISED INTER-OFFICE MEMORANDUM , To: C. Britton, General Manager l� � � From: Thomas W. Fischer, Land Protection Specialist Date: April 24, 2003 I Subject: Hunt Property Addition to Bear Creek Redwoods Open Space Preserve Escrow closed for the subject transaction on April 15, 2003 and title to and possession of this 74.3- 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 close of escrow marks the final adoption of P P Y P the preliminary use and management plan recommendation as tentatively approved and amended by the Board of Directors at their meeting of March 12, 2003. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Bear Creek Santa Clara County Hunt 74.3 Fee March 12, 2003 Redwoods 544-35-035 Res. 03-08 & 03-09 544-56-020 Dedication Date/ Mgmt. Status: Status:Closing Date (Open,Closed,CMU, (Intended St atus: Type Purchase Price GIS Code or Other) Withheld) April 15, 2003 Closed Intended Cash $1,000,000.00 Note $1,500,000.00 Total $2,500,000.00 Misc. Notes: See attached memo cc: Board of Directors Administration Operations Accounting-Attached copy of Note & Payment Schedule 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 Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz - Genera!Manager:L.Craig Britton EXHIBIT I MAP HUNT IRREVOCABLE PERMIT r BEA CREEK ---- - RED ODS O.S.P. (MROSD)-' -\ I r •ic- '` _.. _ _� ' �i � fir: �� '. j t Valley } i . ' k) 1 MOODY GULCH _ (S.C. COUNTY) _ ummit Roaq 2000 -- Permitted Route to and ----- Existing Unpaved Feet e from Hunt Residence Road 0 125 250 500 to "Valley Overlook Area" S.WrcVie�MProjeclslBear_Geek_Redwoods\Hunt\hunt_e><hibi[i mep.pol i May 9, 2003 Chairperson Blanca Alvarado, District 2 Supervisor Board of Supervisors 70 West Hedding Street, East Wing San Jose, CA 95110 Subject: Support for Existing Planning Efforts for Alviso Marina County Park and Rancho San Antonio Park/Diocese Property—CTRC Museum Response Dear Chairperson Alvarado and Board Members: It has come to the attention of the Santa Clara County Parks and Recreation Commission that on June 3, 2003 the Board will be considering action on a potential site within the County park system for establishment of a railroad museum. This action relates to a Board referral requesting that Parks Department staff work with representatives from the California Trolley and Railroad Commission(CTRC)to evaluate two potential park sites for the purpose of building a future museum highlightingthe railroad legacy of this county. two pote ntial ark sites identified g Y Y p P include Alviso Marina County Park and the Diocese property at Rancho San Antonio County Park. In addition, we understand CTRC has been evaluating other potential sites outside of the County park system. On April 17, 2003, CTRC representatives viewed the two park sites with Parks staff and came to the conclusion that neither location would be suitable for their needs. For the record, we would like to second CTRC's conclusion for the following reasons: Park Alviso Marina Count • Master Plan Momentum In 1997, the Board approved the Alviso Marina County Park Master Plan and EIR after three years of work led by a citizens task force. This task force was comprised of Alviso community activists who were driven by a desire to beautify the park and improve access to the bay. Since the master plan has been completed, a series of public workshops have been held to review progress of the detailed design for the master plan improvements. There is much anticipation for the first phase of construction, which is currently scheduled to commence in the next six months. If the Board were to consider another use for the park, the master plan and EIR would have to be revised. Considering the intense community and regulatory involvement in the master plan and EIR, it would take at least another year or more to make a revision of this magnitude. In addition, there is a lot of 1 ownership in the Alviso community for the master plan vision and it is questionable wh whether er the community would support a change to the plan at this juncture. • underway for the master plan Grant Funding at Risk There are many funding efforts unde ay o e implementation that would be impacted if major changes are made to the plan. Two time- sensitive grants totaling $ 313,000 will expire soon if work is not started on the master plan improvements. In addition, the Parks Department has recently submitted for a$700,000 grant for the first phase, day-use improvements, which would be forfeited if a revision of the master plan is necessary. Moreover, the Department has submitted for a$2,900,000 grant for the second phase, boat launch improvements, which would also be forfeited in the event of a master plan revision. The forfeiture would be required because granting agencies require an up-to-date plan and environmental document in order to authorize rant monies. p P g • Viewshed Protection During the master plan process, one of the most desirable features that people noted about the park is the wide, open views to the south bay. The master plan vision is to protect those expansive views and maintain low profile facilities and landscaping. In fact, very few trees are even included in the master plan design in order to minimize any vista obstructions from the park or behind the park. Based on the Parks Department's previous permitting experience, we also understand that the Bay Conservation and Development Commission (BCDC) would likely oppose any development that impacts the r ark's vistas. • Limited Space Alviso Marina County Park is relatively small, comprising about 19 acres. All of the usable space has been designed in the master plan for staging, picnicking, interpretive, launching and special event needs. We understand CTRC is looking for about 3 to 5 acres of land for the museum. The usable space in the park essentially includes the existing parking lot area, which is approximately I acre. The park does not have sufficient space for additional uses. i • District Partnership/Investment The County has been working with the Santa Clara Valley Water District(District) for the past two years to integrate the District's flood protection project for the marina into the ark master plan. That effort has culminated in a P p J p revision to the master plan. While the overlay of the flood protection improvements has not resulted in any significant change to the master plan design, it has required considerable coordination with the District and the Alviso community. In addition, the County is in the final phase of completing construction documents for the first phase of park and flood protection improvements and is currently seeking permits from a variety of regulatory agencies. To date, there has been a substantial investment made by both the District and County for Phase I improvements, including over $ 150,000 for construction documents. As noted above, a modification of the master plan and EIR would be required for any change in use. Any modification to the master plan, EIR and construction documents would be costly and would set back the implementation schedule for the park and flood protection improvements. Such setback would negatively impact the District who also has community and regulatory obligations to fulfill and is expecting to complete the park flood protection improvements in the next year. 2 • Sensitive Habitat/Design Challenges One of the critical needs identified by the regulatory agencies during the master plan process is to protect the park's natural resources. Alviso Marina County Park is located on the edge of the bay near rare salt marsh habitat. We note that CTRC desires to connect a future museum to an active railroad track via a spur. At the park, the adjacent Union Pacific Railroad (UPRR) operating line is separated from the parking lot area by wetlands located within the park and UPRR right-of-way (ROW). A spur would have to traverse the wetlands. In addition, the track is approximately 5 to 6 feet lower than the parking lot and it is apparent that quite a bit of fill would be required within a sensitive wetland area to create a spur connecting the parking lot to the UPRR track- if that is even physically possible. Proposals to place fill in a wetland environment—especially of the magnitude that would likely be required at this location—are generally met with firm opposition from the regulatory agencies who require "avoidance" and impose stiff penalties for non-avoidance. Given the number of listed species in the vicinity and the need to protect bay wetlands, it is highly unlikely that such a proposal would even be considered by the affected regulatory agencies. • Other District Issues One of the components of the District's project at Alviso Marina is to raise the level of the parking lot next to the marina basin to provide a flood barrier. This fillip of the parking lot resents additional construction issues with placing facilities or g p g p p g heavy equipment on top of the fill and the District has no plans to engineer the parking lot to accommodate such a load—the costs of which would be much higher than currently designed. In addition, the raising of the parking lot further exacerbates the physical issue of the height differential between the parking lot and the railroad track because more fill would be required to engineer a connection between the railroad line and the parking lot. Rancho San Antonio/Diocese Property • Open Space Dedication A portion of the Diocese property next to Rancho San Antonio County Park will soon be dedicated to the County Parks Department. This property relates to a partnership between a developer and the Diocese of San Jose involving the recently completed residential development next to Rancho San Antonio. After a five-year protracted battle with community activists who wished to see the property protected from development, the City of Cupertino required the Diocese to dedicate two-thirds of the property for public open space as a condition of approval for the development. Implicit in the City's condition was an acknowledgment that the open space lands would be maintained for passive uses only and that the pastoral quality of the viewshed would remain protected. • Master Plan Vision In December 2002,the Board approved a master plan and Negative Declaration for the Diocese property following endorsement by this commission and formal approval by the Cupertino City Council. This master plan, which also includes a larger plan for the entire alignment of the Stevens Creek Trail within Cupertino, was a joint project between the City and County and the City took a leadership role in guiding the public outreach and plan preparation. After substantial public input over a two-year period, the master plan resulted in the affirmation of the open space goals for the Diocese property. Essentially, the plan reinforces maintaining the pastoral values of the property with uses limited to trails. i 3 • Feasibility Study/UPRR Obstacles Another major planning effort has been undertaken recently by the cities of Cupertino, Saratoga, Campbell and Los Gatos, the County, and VTA to study the feasibility of a trail within the UPRR ROW that connects to Hanson Quarry. The ROW is located between the Diocese property and Stevens Creek Blvd. The Countywide Trails Master Plan identifies a major regional trail connection within the ROW and all six parties entered into a Memorandum of Understanding to prepare the study at a cost of $200,000. The study has been completed and the intention is to work with UPRR at some future point in time when it is receptive to sharing the ROW for trail purposes. During the preparation of the feasibility study and the master plan, community activists and politicians tried to involve UPRR personnel in both plans. At no time during either of those planning efforts did UPRR give any indication that it was willing to consider shared use of its ROW. • Sensitive HabitatJUsable Space Within the Diocese property, the area in the vicinity of the ROW is known habitat for the listed California Tiger Salamander and the Red Legged Frog. The opportunities for development in this area are very limited because of this sensitive habitat. A small trailhead staging area(less than one acre) is shown in the master plan in a location outside of the sensitive habitat zone and near the ROW. There is no other usable space in the next to the ROW that could be designed for additional uses. In addition, the area adjacent to the ROW is not level and presents engineering challenges for any development that requires a relatively flat space, such as CTRC would prefer. • Other Design and Cost Challenges Within the Diocese property, another design and cost challenge is that the railroad track is measurably higher than the area adjacent. In order to provide a spur from the active ROW, a considerable amount of grading would have to be done to create the connection. For the aforementioned reasons, the Santa Clara County Parks and Recreation Commission reaffirms support for the implementation of the existing plans at Alviso Marina County Park and Rancho San Antonio County Park/Diocese property. Although there is no suitable site within the County park system, CTRC has a worthy goal and it is the Commission's hope that a home can be found for the museum. Sincerely, Fadi Saba, Chairperson Santa Clara County Parks and Recreation Commission c: Rod Diridon, Sr., CTRC Executive Director Peter Kutras, Jr., Acting County Executive Lisa Killough, County Parks Director Patrick Love, County Special Projects Manager 4 Regional Open Space ....................... ....n.en«.,..�z :w.cm:.:. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: May 14, 2003 Re: FYI's 330 Distel Circle • Las Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650.691-0485 • E-mail:mrosc@openspace.org • Web site: www.openspace.org Regional .: • -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 8, 2003 Ms. Andrea Espinoza,BRAC Environmental Coordinator Southwest Division Naval Facilities Engineering Command 1230 Columbia Street, Suite 1100 San Diego, CA 92101-8517 RE: District Comments -Pre-Construction Sampling Results Report For Site 25 Dear Ms. Espinoza: On behalf of the Midpeninsula Regional Open Space District(District),the following comments and requests relative to the Pre-Construction Sampling Results Report for Site 25 for additional information and project modifications are hereby 'submitted: Additional Soil Samples Additional soil sampling may be needed to accurately characterize contamination"hot spots"within the zones that contain contaminants at levels above the remedial action objectives (RAO). The District also would like to see additional soil samples taken throughout the entire stormwater basin in the zones that contain contaminants above the proposed preliminary remediation goals(PRG)to understand and more clearly delineate the areas of remediation to be cleaned up to the level for seasonal ponds(RAO) as well as tidal marsh(PRG). The District understands that NASA's portion of the stormwater basin may be cleaned only to the RAO level rather than the more stringent standards of the proposed PRG. Still,the hydrological connection that exists between Di street and NASA land merits a full characterization of the entire stormwater basin that delineates the extent of the contamination and cleanup based on the RAO and the proposed PRG. Proposed Preliminary Remediation Goals (PRG) According to the report,more stringent PRG are proposed for District land since the property is planned for tidal marsh restoration. The proposed PRG will require adequate peer review and approval by the regulatory agencies as well as b the District. We ask that for h o this process, the Na prepare or reference i g rY g Y ,P Navy p p information that substantiates the proposed PRG, including an adequate ecological risk assessment that clearly identifies potential risk to piscivorous birds and marine fish. The information should also include an assessment of the potential bioaccumulation of chemicals of concern(COC), particularly total DDT. This data will assist the District in understanding the reasons for selecting the PRG,which the District expects will be at levels that ensure adequate protection of piscivorous birds and marine fish,particularly species that are known to be sensitive to the exposure of COC. Proposed Remediation Boundaries According to the soil sampling results, removal of the upper foot of sediment would significantly reduce the contaminant concentrations and reduce PCBs and total DDT to nearly undetectable levels within the Eastern Diked Marsh portion of Site 25. The proposed remedial action does not address the majority of the acreage in the remainder of Site 25, including District land where tidal marsh restoration is planned. Analyses did detect potential contaminants at levels above proposed PRG in areas outside the proposed remediation limits for Site 25; however, these areas are not shown on the maps. The maps should outline potential remediation limits for the entire stormwater basin based on both RAO and proposed PRG to precisely determine and compare the areas within the basin that will contain contaminants at levels above the PRG. If the difference is relatively small between the two excavation boundaries, it may be possible that only a small amount of additional remediation would achieve higher cleanup goals for the entire 330 Distel Circle . Los Altos, CA 94022-1404 a Phone: 650-691-1200 Board of Directors: Pete Siemens,��1ar,C Dave ,led Cyr, Deane Little, e.org • Web site: 4vww.openspace.org Fax: 650-691-0485 s E-mail: mrosd@o ens ac y y Hanko, Larry llassett, Kenneth C. Nitz > Gene.al,YlanII L.Craig Britton stormwater basin. A uniform cleanup that meets higher remediation requirements would undoubtedly diminish the hydrological connectivity concerns. Therefore, the District requests that the maps be revised to show the remediation boundaries for the RAO and proposed PRG levels to better understand the aerial extent of the two proposed levels of remediation. It may be that this third solution, if not much more costly or time-consuming, can achieve the needs and address the concerns of the District, NASA, the Navy, the regulatory agencies, and the public at large. Proposed PRG for Zinc Zinc results from soil samples taken on District land appear to have solubility similar to other areas of Site 25; however, the proposed zinc PRG was not adjusted for solubility. Such a modification could be estimated based on the ratio of the revised zinc RAO to the original zinc RAO for Site 25 relative to the proposed zinc PRG of 271 mg/kg [(195 mg/kg)/(454 mg/kg)*(271 mg/kg)= 116 mg/kg], indicating approximately 116 mg/kg for a revised zinc PRG for tidal marsh restoration. For consistency, any proposed PRG for zinc should be adjusted for solubility. Confidence Intervals The District requests application of a 95% confidence interval to evaluate RAO and PRG. Confidence intervals are typically used when comparing analytical results from soil or sediment samples to regulatory limits. These statistically derived numbers provide for a margin of error or variability in the data collection and allow a quantitative level of confidence that remedial actions have reduced contaminant concentrations below regulatory level, as long as the results of the investigation are below the regulatory level minus the confidence interval. The 95% confidence interval provides a cushion to assure that if all the sediment below the regulatory level minus the confidence interval is removed, then the remaining sediment is below the regulatory level at a 95%level of confidence despite sampling or analytical variability, accuracy or reliability. The District feels it is appropriate to calculate and use confidence intervals to assure that no soils remain above the appropriate cleanup levels (RAO or proposed PRG)at a 95% confidence interval. Thank you for your consideration of our comments regarding this important project. If you have any questions,please contact Ana Ruiz, Open Space Planner, at (650)691-1200. S;ncerely, L. all ritton, General Manager LCB:ar:dms cc: MROSD Board of Directors Mr. Scott Gromko,Remedial Project Manager i - Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 8, 2003 Christopher Day Y Environmental Health Services County of San Mateo 455 County Center,4th Floor Redwood City, CA 94063 SUBJECT: Ravenswood Open Space Preserve, Closure of Water Wells - Letter of Intent Dear Mr. Day: Pursuant to a telephone call between Panaka Chea and Ana Ruiz on March 21, 2003 concerning abandoned wells in the former salt pond at Ravenswood Open Space Preserve, the District is submitting this "Letter of Intent" of our commitment to clarify the steps and timeline necessary to properly close these wells. As you are aware, the property in question is owned and managed by the Midpeninsula Regional Open Space District and is located within the City of Menlo Park. According to discussions with Mr. Chea, the County is directing the District to properly destroy these abandoned wells. Originally, the County was anticipating completion of this project within one year. After explaining the complexity of the project and the environmentally sensitive location of the wells, Mr. Chea has indicated that the County is receptive to extending the timeline of the project following receipt of this Letter of Intent explaining the next steps and scheduling necessities. To begin, the location of the wells on District property are not all identified and marked. In several cases, they are apparently buried under layers of silt and mud. Finding the missing wells will be difficult and will require a sensitive approach to minimize disturbance of the sensitive wetland environment. Once the wells are accuratelylocated we can then apply to the United States Fish & � PP Y Wildlife Service, California Fish &Game Department, Army Corps of Engineers, Regional Water Quality Control District and San Francisco Bay Conservation and g Y Y Development Commission for necessary permits. The marsh habitat is extremely r Y � Y fragile and is home to two endangered species, which means that work may not commence until all necessary permits and conditions are received. When the permits are in hand, we will seek qualified bids for the necessary work. We will require the contractors to follow the conditions of the various permitting agencies. 330 Distel Circle - Los Altos, CA 94022-1404 9 Phone:650-691-1200 Fax:650-691-0485 9 E-mail: mrosd@openspace.org - Web site:www.openspace.org, ti:, uaAE1s, Board or Directors:Pete-Sie:gems,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko, Larry Hassett,Kenneth C Nitz - General Manager:L_Craig Britton Please be advised that because of the nesting habits of the California Clapper Rail, one of the endangered species, the Department of Fish and Game will dictate which months of the year the proposed work can be accomplished. As you know, this project is quite unexpected. We have no way to estimate at this time how much it will cost to cap the wells in remote regions of sensitive marsh habitat. We may well need to seek grants from the Coastal Conservancy or the State of California to fund this work. Seeking grants from State (or Federal agencies) could add eight to twelve months to the timeline for this project. Be assured that we will do everything we can to address this matter as expeditiously as possible. We will be happy to give you periodic updates on our progress if you so request. Also, in the interest of pooling resources and expediting the project, the District will work cooperatively with the City of Palo Alto (which owns adjacent property with additional wells) to locate and cap abandoned wells. The District and Palo Alto have requested that the U.S. Geological Survey utilize their ground magnetic surveying capabilities to help locate the wells. Any assistance you can provide in pinpointing the locations of these wells, obtaining necessary permits and providing referral to potential grant sources, would be very much appreciated. incerely, L. Craig Britton General Manager cc: MROSD Board of Directors Greg Betts, Superintendent, Palo Alto Open Space and Science Margaret T. Kolar, Refuge Complex Manager, U. S. Fish & Wildlife Service Clyde Morris, U.S. Fish & Wildlife Service Regional Open .(., ee May 13, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DFA-GRANTS Division of Financial Assistance State Water Resources Control Board 1001 I Street, 16a`floor Sacramento, CA 95814 RE: Adobe Creek Watershed Restoration and Flood Control Project, Reach 5.PIN 249 Dear Sir/Madam: Please accept this letter of support from Midpeninsula Regional Open Space District for the subject project. The Wildlife Heritage Foundation is seeking to obtain funds on behalf of the Adobe Creek Watershed Group from the 2003 Watershed Protection and Nonpoint Source Pollution Control Grants program through a consolidated granting process administered by the State Water Resources Control Board. The District preserves and protects nearly 50,000 acres of land, and supports other environmental groups looking to restore and protect natural resources important to the communities within our region. As such, the District recognizes that the Adobe Creek is important to the residents of Los Altos and Los Altos Hills and is categorized as Open Space Conservation in the General Plan of Los Altos Hills. The funds awarded to the Wildlife Heritage Foundation from the 2003 Watershed Protection and Nonpoint Source Pollution Control Grants program will enable the Adobe Creek Watershed Group to protect habitat while effectively addressing flooding and erosion problems along Adobe Creek in both Los Altos and Los Altos Hills, to the benefit of the local residents as well as the community at large. An award of the requested grant enables the Adobe Creek Watershed Group to significantly further their goal of protecting Adobe Creek, a major environmental resource. Thank you for your thoughtful and positive consideration of this grant applicantion. Sincjerely,`\\ L. Crritton General Manager LCB:lz cc: MROSD Board of Directors Adobe Creek Watershed Group 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 California Re anal Water Quality C ltrol Board San Francisco Bay Region Winston H. Hickox Internet Address: http://www.swrcb.ca.gov Gray Davis Secretary for 1515 Clay Street,Suite 1400,Oakland,California 94612 Governor Environmental Phone(510)622-2300•FAX(510)622-2460 Protection Date: Y 0 0 "� l III I File No: 2178.11 (AMP) Mr. Craig Britton General Manager MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 SUBJECT: El Corte de Madera Creek Open Space Preserve: Draft Erosion Control and Sediment Reduction Plan/Road and Trail Erosion Inventory Dear Mr. Britton: In response to our letter request dated February 7, 2002, you have submitted the El Corte de Madera Creek Open Space Preserve: Draft Erosion Control and Sediment Reduction Plan(Plan) !Road and Trail Erosion Inventory(Inventory). Upon review of the submittal, it is evident that the District takes the issue of sedimentation seriously and is committed to protecting and restoring the integrity of the El Corte de Madera Creek watershed. We commend your proactive efforts to eliminate the use of illegal trails through enhanced law enforcement, public education, and outreach efforts. In addition, your incorporation of the treatment prescriptions into a database for future inclusion in your GIS system demonstrates a proactive approach to road and trail management. Overall, the Plan effectively lays out a systematic approach for reducing sedimentation into El Corte de Madera Creek. In order to continue with progress towards reducing potential for sediment delivery to the creek,we encourage you to finalize the Plan with and recommendations. win incorporation of the following comments Timeline and Schedule The prioritization scheme laid out in the Plan, with an emphasis on environmental protection over recreational access, effectively addresses our agency's concerns. The I 0-year time frame for implementation, however, does not appear to be an aggressive effort to reduce sedimentation at priority sites. Please provide a schedule for completion of the priority repairs within 5 years. Such a time frame will ensure implementation of the treatment measures prior to the scheduled adoption of a sediment Total Maximum Daily Load (TMDL) for the San Gregorio watershed. Additionally, the treatment schedule described in Table 5-1 does not provide enough specificity regarding the timeline for implementation of the treatment measures. While we realize that such long range planning is difficult, we are asking for a projected timeline (including allotment of time for permitting) with the understanding that the dates set forth are not deadlines. If, upon The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http://www.swrcb.ca.gov. i Mr. Craig Britton MidPeninsula Regional Open Space District -2- i Plan implementation, it appears that there will be a discrepancy of more than 6 months between entation,please notify our agency in writing and provide the projected timeline and actual implem an explanation for the discrepancy. Additional Evaluation We are very interested in receiving your erosion inventory of the 19 miles of illegal/undesignated trails. Because these trails tend to descend at steep gradients and drainage provisions are not incorporated into their design, continued mountain bike use could result in substantial erosi on. Please include your final analysis and recommendations for these trails in the final Plan. Your letter also referenced plans to evaluate realignment of segments of Leaf Trail, Virginia Mill Trail, Crosscut Trail, Giant Salamander Trail and Blue Blossom Trail. Please provide these evaluations,or a schedule for their completion, as well. Inspection and Monitoring In the final Plan,please include a statement that Certified Erosion Control Specialists, Certified Engineering Geologists, or other qualified individuals will be performing the inspections. At a s will need to be inspected annually prior to the beginning minimum,roads and drainage structure Insp ections should address culvert inlets and outlets on stream crossings and of the rain season. p as y tslo in and ditches, as well ou ditch relief culverts,road surface drainage such as waterbars, p g d ct and � . . inspections, crews must inspect do road fills. In addition to annual pre-winter drainage structure inspec � this level of perform emergency maintenance during and following winter storms . Please include specificity, as well as details of your reporting protocol(frequency and report format) in your final Plan. The draft Plan stated that any water quality data collected would be forwarded to the Central Coast Ambient Monitoring Program. Because RWQCB Region 3 cod collected to the monitoringnisters that program, t is not the appropriate program for the data. Please forward any data please also note program for Region 2: Surface Water Ambient Monitoring Program(SWAMP). that any macroinvertebrate sampling should be performed in accordance with the California Bioassessment Procedure. Funding for Plan Implementation Grant funding is currently available through Proposition 13, Proposition 50, and Section 319(h) of the Clean Water Act. We strongly encourage you to apply for grant funding; reduction of sedimentation into tributaries of CWA 303(d)listed waterbodies for sediment is one of our highest regional priorities. An application for implementation of your Plan should be very competitive. Please contact Carrie Austin(510) 622-1015 or Dale Hopkins(510) 622-2362 for more information regarding these opportunities. Mr. Craig Britton MidPeninsula Regional Open Space District -3 - We look forward to receipt of the Final Erosion Control and Sediment Reduction Plan. If you. have any questions,please do not hesitate to contact Ann M. Powell at(510) 622-2474 or email at amp@rb2.swrcb.ca.gov. Sincerely on A c9 � C. Gervason North Bay Watershed Division Chief cc: Mike Napolitano, RWQCB Jonathan Ambrose National Marine Fisheries Service 777 Sonoma Ave.,Room 325 Santa Rosa, CA 95404 Patricia Anderson California Department of Fish and Game P.O. Box 408 Aromas, CA 95004 tt Freeman idPemnsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Sandra Sommer MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 John Escobar MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Robert Zatkin 140 Springdale Way Redwood City, CA 94062