HomeMy Public PortalAbout20030827 - Agendas Packet - Board of Directors (BOD) - 03-19 Regional Open r ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-19
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Wednesday,August 27,2003
330 Distel Circle
Los Altos,California
AGENDA*
Please Note: 7:00 p.m* Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
7:00 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—CLOSED SESSION
The Closed Session will begin at 7:00 p.m. At the conclusion of the Closed Session,the Board will adjourn
the Special Meeting 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 Real Property Negotiator—Government Code Section 54956.8
Real Property L—Santa Clara County APN 510-27-007
Agency Negotiator—Tom Fischer,Land Protection Specialist
Negotiating Party—P.and B.Hayes
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
ORAL ComwmcAmNs —Public
ADOPTION OF AGENDA—N.Hanko
ADOPTION OF CONSENT CALENDAR—N.Hanko
ADOPTION OF MINUTES
• July 23,2003
BOARD BUSINESS
7:40* 1 Authorization to Contract with Fenton Communications to Provide Communications and Public
Affairs Services; Authorize the General Manager to Contract with Fenton Communications to
Provide Communications and Public Affairs Services in an Amount Not to Exceed$154,600,Which
Includes$149,600 for Professional Services($136,000 Plus a 10%Contingency Fee),and$5,000 for
Expenses—C.Britton
8:00* 2 Approval of Communications Site Lease Amendment and Exercise of Option with Association for
Continuing Education(ACE),Black Mountain,Rancho San Antonio Open Space Preserve;
Determine that the Recommended Action is Not a Project for Purposes of the California
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 03-19 Page 2
Environmental Quality Act(CEQA)as Set Forth in this Report;Authorize the President of the Board
of Directors to Execute a Communications Site Lease Amendment and Exercise of Option with the
Association for Continuing Education(ACE), a Non-Profit California Corporation,for the Facility on
Black Mountain, Rancho San Antonio Open Space Preserve—M.Williams
8:10* 3 Authorization to Solicit Bids for the Removal of Lead Based Paint and Repainting Four Buildings at
Skyline Ridge Open Space Preserve;Authorize Staffto Solicit Bids for the Scraping and Removal of
Loose Lead Based Paint from the Existing Shop Building, Stable Building and Two Out Buildings at
the Skyline Field Office Located at Skyline Ridge Open Space Preserve— S.Welaratna
4 Authorization to Amend Agreement with Cotton Shires &Associates for Geotechnical Engineering
Services for the Federal Emergency Management Agency(FEMA)-Funded Old Page Mill Trail
Repairs at Skyline Ridge Open Space Preserve; Authorize the General Manager to Execute an
Amendment to the Consultant Services Agreement with Cotton Shires &Associates of Los Gatos,for
up to an Additional$5,000 Over the$25,000 Previously Authorized,to Cover Geotechnical
Engineering Services for Sufficient Hours of Construction Monitoring Work for the FEMA-Funded
Old Page Mill Trail Repairs at Skyline Ridge Open Space Preserve, for a Total Sum Not to Exceed
$30,000—S. Sommer
5 Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval
of Amendment to General Manager's Employment Agreement;As a Result of the Board's
Evaluation of the General Manager's Performance for the Period of March 10,2002 Through March
9, 2003 and Compensation Review for the Position,the Ad Hoc Board Appointee Evaluation
Committee Recommends a 5%Meritorious Pay Award Based on the General Manager's
Performance and a 4%Cost of Living Salary Adjustment for Fiscal Year 2003-2004,Retroactive to
March 9, 2003;Adopt the Resolution Amending the General Manager's Employment Agreement to
Reflect an Adjusted Salary of$144,099.61 and a 5%Meritorious Pay Award Totaling$6,927.87—N.
Hanko
6 Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and
Approval of Amendment to District General Counsel's Employment Agreement;As a Result of the
Board's Evaluation of District General Counsel's Performance for Fiscal Year 2002-2003,the Ad
Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pay Award Based on
District General Counsel's Performance in Fiscal Year 2002-2003 and a 4%Cost of Living Increase
for Fiscal Year 2003-2004,Retroactive to April 1,2003;Adopt the Resolution Amending District
General Counsel's Employment Agreement to Reflect an Adjusted 2/3-time Salary of$89,562.39,a
5%Meritorious Pay Award Totaling$4,305.88,an Adjustment in Vacation Hours from 120 Hours
Annually to 140 Hours Annually,and Approving an Increase in the Position from 2/3-Time(.67)to
4/5-Time(.80)Effective Upon the Date of Adoption of the Resolution—N. Hanko
7 Approval of Salary Adjustment for the Controller and Approval of Amendment to Controller's
Employment Agreement;As a Result of the Board's Evaluation of the Controller's Performance for
the Period of April 1, 2002 through March 31,2003,the Ad Hoc Board Appointee Evaluation
Committee Recommends a Salary Increase 10%Per Annum Retroactive to April 1, 2003;Adopt the
Resolution Amending the Controller's Employment Agreement to Reflect an Adjusted Salary of
$16,500 Per Annum—N.Hanko
8 Approve Cancellation of the September 10, 2003 Regular Meeting of the Board of Directors—C.
Britton
8:20* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
Meeting 03-19 Page 3
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*** REvisED CLAIMS
8:40* ADaouRNMENT
* Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of
order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is
considered by the Board of Directors. You may address the Board concerning other matters during Oral
Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment
to the Board by 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.
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-16
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
July 23, 2003
MINUTES
SPECIAL MEETING
L ROLL CALL
President Nonette Hanko called the meeting to order at 6:35 p.m.
Members Present: Jed Cyr, Mary Davey, Larry Hassett(arrived at 6:50 p.m.), Deane
Little, Ken Nitz, Pete Siemens, and Nonette Hanko
Members Absent: None
Staff Present: John Escobar, Sue Schectman, John Maciel, Cathy Woodbury, and
Mike Williams
H. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Items I and 2.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at
6:35 p.m. The Board concluded the Closed Session at 7:25 p.m.
REGULAR MEETING
III. N. Hanko called the Regular Meeting to order at 7:33 p.m. She announced that the
Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: Sandy Sommer, Sally Thielfoldt, Mike Newburn, and Ana
Ruiz
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.openspace.org OFaEEs,
Board of Directors:Pete Siemens,Mary C. Davey, led Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz General Manager:L.Craig,Britton
Meeting 03-16 Page 2
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and
the motion passed 7 to 0.
VI. SPECIAL ORDER OF THE DAY
• Resolution for John Escobar
N. Hanko read Resolution No. 03-24, honoring J. Escobar. M. Davey and J. Cyr talked
about his career with the organization. L. Hassett told of his relationship with J. Escobar
in the Skyline area early in his career.
VIL ADOPTION OF CONSENT CALENDAR
N. Hanko noted a change in the draft response: change the word "train" to"trail" in the
second line of the second paragraph.
Motion: L. Hassett moved that the Board adopt the Consent Calendar, including
draft response to Honorable Thomas J. Davids, Cecily Harris, Parks and
Recreation Commission Chair, City of San Carlos, 600 Elm Street, P. O.
Box 3009, San Carlos, CA 94070-1309, as corrected; Agenda Item 3,
Half Moon Bay Coastside Foundation v. Midpeninsula Regional Open
Space District: Authorize the General Manager to Enter into a Retainer
Agreement with the Law Firm of Shute,Mihaly and Weinberger to
Provide Legal Services for the Coastal Annexation Project in an Amount
Not to Exceed $50 000; Agenda Item 4, Authorization to Purchase Four
Fire Pumpers for District Patrol Vehicles; Authorize the General Manager
to Execute a Purchase Contract with Cascade Fire for Four(4)Fire
Pumpers for District Patrol Vehicles at a Total Cost of$46,885; and
Revised Claims 03-13, K. Nitz seconded the motion. The motion passed
7 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 —Appointment of Benjamin Guzman as a Peace Officer;
Adopt the Attached Resolution of the Board Appointing Benjamin Guzman as a
Peace Officer—(.Report R-03-681
M. Newburn introduced B. Guzman.
Motion: J. Cyr moved that the Board adopt Resolution No. 03-25,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Appointing Peace Officer. P. Siemens
seconded the motion. The motion passed 7 to 0.
J. Escobar presented him with his badge.
Meeting 03-16 Page 3
B. Agenda Item No. 2- Consideration of Staff's Recommendation to Award the
Contract for Construction of the Federal Emergency Management Agency
(EEMA)-Funded Old Page Mill Trail Repair Project
ject at Skyline Ridge Open Space
Preserve, Authorize the General Manager to Execute a Contract with Casey
Construction for the Bid Amount of$258,158, Plus a Contingency Amount of Up
to $27,842, for a Total Amount Not to Exceed $286,000 for Construction the
FEMA-funded Old Page Mill Trail Repair Project at Skyline Ridge Open Space
Preserve (Report R-03-70).
S. Sommer presented staff's recommendations. She talked about the bid process
and why she felt staff had only received one bid out of the five who attended the
pre-bid meeting.
L. Hassett said he was uncomfortable with having only one bid.
S. Schectman explained why staff could not re-open the bidding period so the
contractor who missed the deadline could submit his bid. She said that would be
improper. The Board could reject the bid, re-advertise, and put it out to bid again.
S. Sommer said that would probably add another 2-3 weeks to the process.
N. Hanko spoke against re-opening the bidding, stating she did not think it was
appropriate. She said it always places the bidder who was chosen in a very
difficult position.
S. Sommer talked about why staff is rebuilding the trail, even though it dead ends.
She showed the trail route through to Portola State Park. She said this is one of
the important trail links in the San Mateo County trail plan. 1. Escobar said it was
built as an oxen trail and was built at a ten percent grade. He said staff would use
every segment of the road to complete the trail to Portola State Park that they can
because the grade is good and it is already established. S. Sommer said that it
would require a lot of work to re-route around the area.
Tim Odin of TKO said he had worked with the District on quite a few projects.
He said he had been low bidder on three projects that were later rejected and re-
bid. He was underbid on each one. He talked about his performance in
completing projects on which he had successfully bid and said his bid was well
within the original estimate.
L. Hassett noted for the record that this project was close to his home but was
outside the 500 ft. limit so had no direct impact on his property, and therefore he
had no conflict of interest in voting on this item.
Motion:, L. Hassett moved that the Board authorize the General Manager to
execute a contract with Casey Construction for the bid amount of
$25 8,15 8, plus a contingency amount of up to $27,842, for a total
amount not to exceed $286,000 for construction of the FEMA-
Meeting 03-16 Page 4
funded Old Page Mill Trail Repair Project at Skyline Ridge Open
Space Preserve. M. Davey seconded the motion
Discussion: D. Little commented that it had been hard to convince staff to
commit $30,000 for an additional invasive plant study. He said
now they are dramatically increasing this project. He expressed
frustration and said it seems that the argument that the budget is
tight is used selectively. He thought it would have been easy to get
at least two bidders.
J. Escobar felt staff had done everything they could to get the
number of bidders up. He said staff had needed to consider that
this project has been on the Board's work plan for a number of
years since the damage occurred. He thought staffs concern about
the resource management issues were just as much the work load
issue of getting these projects done that had been around for
awhile. He said staff are still not sure how they will be affected by
the State budget.
S. Sommer said the FEMA money had been available since July
1998. J. Escobar said FEMA money is primarily for repairing
damages resulting from a declared emergency.
Vote: The motion passed 5 to 0 with Directors Nitz and Little abstaining.
N. Hanko asked the abstaining directors if they wished to state the
reason for abstaining.
D. Little said he felt the money had been around for awhile and the
Board was being forced to accept the single bidder because staff is
going to lose the FEMA money.
P. Siemens raised a point of order regarding discussing an item
after it had been voted on. D. Little responded that he had been
invited by the Board President to talk about his abstention. K. Nitz
declined to speak.
J. Escobar thanked Mr. Odin for attending.
IX. INFORMATIONAL REPORTS
M. Davey talked about the scoping meeting in Palo Alto a week ago Wednesday
regarding trails on Stanford land.
Meeting 03-16 Page 5
K. Nitz: 1. He said the District booth was in a bad location at the Los Altos Art and
Wine festival. 2. A lot of people attended the Use and Management meetings at Pulgas
Ridge and Saratoga Gap. 3. He mentioned the item in the FYIs giving District web stats.
D. Little: 1. He hiked at Big Basin, and it was beautiful with nice trails. 2. He pointed
out that in some of the areas where trail widening occurred, hundreds and hundreds of
plants that are coming up are definitely star thistle. 3. He said the work done on Rhus
Ridge Road was very top quality. 4. He asked J. Maciel if staff had caught the rogue
cyclist. J. Maciel said no.
P. Siemens had spent time in the gold country at Indian Grinding Rock. He said the park
is inundated with star thistle. He did see weevils. He talked to a ranger who said they
did not know what to do. He said it was discouraging to him that so little is being done.
J. Cyr said that Tuesday before last, J. Escobar had done a presentation at the Sunnyvale
City Council meeting. The Council gave them a proclamation. He sent Council
Members a letter thanking them for their support.
L. Hassett: 1. He had a phone call from Sue Boynton of Woodside apologizing for the
incident at the Town Council meeting. 2. He invited Board Members to the South
Skyline Association picnic scheduled for the following Sunday. He pointed out an article
in the newsletter by Janet Schwind written in response to some criticisms of the District.
3. He thought the Use and Management Committee meeting was great.
N. Hanko said she and L. Hassett attended the Palo Alto City Council meeting. At that
meeting they recognized Tucher for pro bono work. She talked about the cases she
worked on. The Council passed the District's resolution. 2. Regarding the County trails
plan, she and L. Hassett met with Stanford people to discuss trails. They agreed to ask
District staff to choose a good trail because of their experience. D. Woods came back
with recommendations. The planning staff listened but came back and said they were not
going to consider them. She told them they should be considered as alternates because
the two Stanford chose were not going to work because there are no connections
regionally. The consultant said what her position would be was that the county should be
required to study alternates.
J. Escobar: 1. C. Britton was not there tonight because he was attending the annual
CJPIA meeting in southern California. 2. C. Britton attended a Bay Area Open Space
Council meeting at which the State parks manager made a presentation. He said the State
is operating at 30% of what they would like and that the State is in difficult financial
status. 3. On July 9 he attended the Portola Valley Town Council meeting. The Council
unanimously approved the District resolution. 4. He pointed out upcoming events in
August, September, and October on a calendar and asked Board Members to let L. Zadek
j know their vacation plans so the information could be added to the calendar. 5. The
FYIs contained some articles from the Half Moon Bay Review that told about District
activities.
Meeting g
03-16 Page 6
J. Maciel: 1. Staff had heard from the CDF captain who is working g on the burn at
Russian Ridge and was told that the burn was on hold pending evaluation of the San
Bruno fire. They still consider it a viable burn, perhaps in mid-August. 2. He mentioned
the email copied in the FYIs regarding appointment of Michael Jurich as Maintenance
and Construction Supervisor for the Foothills Area. 3. He invited Board Members to
Warren Phillips' retirement party. 4. He hiked Bella Vista trail and will meet with D.
Little regarding what staff is doing there.
X. ADJOURNMENT
At 8:42 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
I
Claims No. 03-13
Meeting 03-16
Date 07/23/03
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
6111 $40,051.68 2M Associates Coastal Annexation Consultant Study
6112 $150.00 Acme&Sons Sanitation Sanitation Services
6113 $517.68 All Laser Service Toner Cartridges
6114 $459.33 Allied Auto Works Vehicle Service and Repairs
6115 $19.64 AT&T Telephone Service
6116 $5,266.95 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed
6117 $55.46 Baron Welding&Iron Works,Inc. Plumbing Supply
6118 $2,824.00 BNY Western Trust Company Note Paying Agent Fees-1996 Revenue Bonds
6119 $122.49 Browning-Ferris Industries Garbage Service
6120 $50.65 Cal-Line Equipment,Inc. Vehicle Repair
6121 $263.69 California Water Service Company Water Service
6122 $306.00 Camino Medical Group Medical Services
6123 $222.01 Cascade Fire Equipment Company Field Supplies
6124 $206.67 Cole Supply Co.,Inc. Janitorial Supplies
6125 $248.97 Continuing Education of the Bar Legal Books
6126 $2,655.88 Cresco Equipment Rentals Tractor Rental
6127 $207.50 Danielson,Dennis Reimbursement-EMT Training
6128 $3,576.90 Diane L.Renshaw Consulting Ecologist Consulting Services-Pulgas Ridge Trails
6129 $340.31 Escobar,John Reimbursement-Mileage
6130 $52.00 Fitzsimons,Renee Reimbursement-Docent Supplies
6131 $279.75 Forestry Supplies,Inc. Field Supplies
6132 $183.65 Freyer&Laureta,Inc. Consulting Services-Old Page Mill Road
6133 $50.50 G&K Service Shop Towel Service
6134 $111.35 Gempler's, Inc. Uniform Supplies
6135 $500.00 George H.Miller Associates Appraisal Services
6136 $61.05 Grainger,Inc. Field Supplies
6137 $372.13 *1 Home Depot,Inc. Field Supplies&Equipment
6138 $31.75 Kevin's Auto Repair Vehicle Smog Check
6139 $1,886.48 Kinko's Printing Services-EIR&Related Documents
6140 $87.00 Kwik Key Lock&Safe Co.Inc. Lock&Key Services
6141 $366.15 Lab Safety Supply Field Supplies
6142 $963.61 Los Altos Garbage Co. Refuse Services
6143 $87.21 MCI Long Distance Telephone Service
6144 $75.96 McKowan,Paul Reimbursement-Mileage
6145 $562.90 MetroMobile Communications Radio Repairs&Maintenance
6146 $2.99 Minton's Lumber&Supply Field Supply
6147 $45.00 National Notary Association Membership Renewal-L.Zadek
6148 $1,556.05 *2 Office Depot Office Supplies
6149 $206.76 Office Products&Interiors Office Chairs
6150 $3,355,000.00 ## Old Republic Title Company Presentation Center Acquisition
6151 $737.18 Orlandi Trailer Trailer Accessories
6152 $1,218.47 Pacific Bell Telephone Service
6153 $11.85 Paterson,Loro Reimbursement-Uniform
6154 $56.13 Peninsula Digital Imaging Printing-Bid Set-Old Page Mill
6155 $30.00 Project Ergonomics Erognomic Equipment
6156 �.64 Rancho Hardware&Garden Shop Field Supply
-6157 $899.33 Safety Kleen Oil Recycling&Solvent Tank Service
6158 tion 215.80 San Francisco Chronicle Annual Subscription
P
6159 $1,901.98 San Jose Mercury News Legal Display Ad.&Subscription
6160 $466.82 San Jose Water Company Water Service
6161 $51.93 San Mateo County Times Quarterly Subscription
1 1 Saratoga Springs Staff Recognition v 6 62 $ ,000.00 3 ogEvent Deposit
Page 1 of 2
Claims No. 03-13
Meeting 03-16
Date 07/23/03
Revised
Mid peninsula Regional Open Space District
P 9 P
# Amount Name Description
6163 $104.60 Second Cup Cafe Local Business Meeting
6164 $622.78 Shell Credit Card Center Fuel
6165 $33.75 Specialty Truck Parts,Inc. Vehicle Parts
6166 $183.16 Summit Uniforms Uniform Expense
6167 $816.79 Tadco Supply Janitorial Supplies
6168 $29.18 The Bicycle Outfitter Bicycle Tools&Parts
6169 $30.00 The Wildlife Society Membership Renewal
6170 $103.28 Tony&Albas Pizza Local Business Meeting Expense
6171 $711.59 United Rentals Highway Tech. Signs,Cross Walk Stencils&Paint
6172 $216.50 United Rentals Northwest,Inc. Equipment Rental
6173 $2,500.00 United Soil Engineering,Inc. FFO Shop Bldg-Consulting Geologic Services
6174 $7.83 United States Postmaster Postage
6175 $278.80 West Group On-Line Legal Services
6176 $237.62 Wild Fire-Tyco Field Supplies
6177 $425.00 Wild Life Associates Presentation-Staff Event
6178 $158.04 Williams,Mike Reimbursement-Mileage
6179 R $358.26 Acme&Sons Sanitation Sanitation Services
6180 R $336.08 AT&T Wireless Cellular Phone Service
6181 R $339.52 Beck's Shoes Inc. Uniform Boots
6182 R $144.55 California Water Service Company Water Service
6183 R $750.00 Dillingham Associates Consulting Services-Jacques Ridge Staging Area
6184 R $234.39 Document Systems Office Supplies
6185 R $295.36 Federal Express Express Mailing
6186 R $182.58 Green Waste Recovery,Inc. Garbage Service
6187 R $9,790.00 Hitech Construction Management& Construction Management Service-FFO Shop Building
Design
6188 R $14,000.00 Joe's Tractor Service Discing Services SRO/FRO
6189 R $272.68 Just Ergonomics,Inc. Erognomic Equipment
6190 R $315.00 '4 Kiwanis Club of Los Gatos Festival Booth&License Fee-Art&Wine Festival
6191 R $2,395.00 Liebert Cassidy Whitmore Membership-Bay Area Employment Relations Consortium
6192 R $45.00 National Notary Association Membership Renewal-S.Thielfoldt
Id Supplies,Office&Fie S
6193 R $442.18 Petty Cash Conference&Training Expense,O ce pp ,
Vehicle Mileage Reimbursement,Volunteer Supplies,
Out of Town&Local Bus.Meeting Expense
6194 R $668.00 Ray L.Hellwig Services,Co.,Inc. HVAC Maintenance-Admin.Office&Tenant Space
6195 R $300.00 Wolfe,Roberta Recording Services
Total $3,463,949.75
'1 Urgent Check Issued 7/17/03
'2 Urgent Check Issued 7/17/03
'3 Urgent Check Issued 7/15/03
'4 Urgent Check Issued 7/18/03
## Board Approved,7/9/03,
Agenda Item#2
Page 2 of 2
Regional Open ice
1
R-03-90 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-19
August 27, 2003
AGENDA ITEM I
AGENDA ITEM
Authorization to Contract with Fenton Communications to rovide Communications and Public Affairs Services
GENERAL MANAGER'S RECOMMENDATIO
Authorize the General Manager to con tr c with Fenton Communications to provide unications and public
affairs services in an amount not to exceed$154,600,which includes $149,600 for professional services
($136,000 plus a 10% contingency fee), and$5,000 for expenses.
DISCUSSION
Implementation of a comprehensive outreach plan in support of the Coastal Annexation project is a key project in
the Public Affairs Department Action Plan for the 2003-2004 fiscal year. The project will take a multi-faceted
approach to community outreach that includes development of new public information materials,updating the
coastal annexation section of the website,and distribution of educational materials to the community to increase
knowledge and understanding of the District, its programs, and activities. Given District staff s workload, the
services of qualified consultants are needed in order to accomplish this very important project.
Qualifications and proposals were requested from local communications and public affairs professionals who can
augment the District's Public Affairs staff and work with the Coastal Annexation project team. After conducting
interviews with all the consultant teams, five proposals were received:
• Fenton Communications
• Moore Iacofano Goltsman, Inc.
• Public Affairs Associates
• Public Affairs Management
• Simon Communications
The proposal submitted by Fenton Communications includes a project team of highly qualified professionals and
an approach that is best suited to meet the District's communications needs for the Coastal Annexation project.
The proposal showed a clear understanding of the District's goals for community outreach, included a strategic
approach to communications, and provided the necessary flexibility and responsiveness to work with District
staff.
Fenton Communications has a 21-year track record of serving public interests through strategic communications
and has an extensive clientele, including Center for Marine Conservation,National Environmental Trust,Earth
Institute, Nature Conservancy, and the Trust for Public Land.
Budget Impact
This expenditure was not anticipated at budget time. Staff will review the Coastal Annexation budget and make
any necessary adjustments at the mid-year budget review with the Administration and Budget Committee.
Prepared by:
Cathy Woodbury, ASLA/AICP, Planning Manager
Contact person:
L. Craig Britton, General Manager
330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org � (9
Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton
Regional Open ice
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R-03-84
Meeting 03-19 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 27, 2003
AGENDA ITEM 2
AGENDA ITEM
Approval of Communications Site Lease Amendment and Exercise of Option with Association for
Continuing Education (ACE), Black Mountain, Rancho S to 'o Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended action is not a project for purposes of the California
Environmental Quality Act (CEQA) as set forth in this report.
2. Authorize the President of the Board of Directors to execute a Communications Site
Lease Amendment and Exercise of Option with the Association for Continuing Education
(ACE), a non-profit California corporation, for the facility on Black Mountain, Rancho
San Antonio Open Space Preserve.
DISCUSSION
At your June 10, 1998 meeting, you approved a Communications Site Lease with the Association
for Continuing Education (ACE) to replace Space Systems/Loral at the lower Black Mountain
communications site (see Report R-98-73). The original lease with ACE is the District's standard
communications lease providing for four (4) options to extend the term for a period of five (5)
years each.
LEASE RENEWAL
The proposed lease amendment exercises ACE's initial option for an additional five-year lease
term and includes the following key provisions:
1. Base monthly rent is increased from $1,994 to $2,134 per month. The base rent further
increases 7% per year for the remaining four years of the option.
2. The District will receive 25% of existing subtenant rental income and 50% of any future
subtenant income in addition to monthly base rent.
3. The premises description has been updated to reflect the current site structures and
equipment.
4. All other terms and conditions of the original Communication Site Lease with ACE remain
in full force and effect.
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 Ag;fl O,E.'
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz - Genera!Manager:L.Craig Britton
R-03-84 Page 2
USE AND MANAGEMENT
The District adopted a communications policy for the existing facilities at Black Mountain on j
December 8, 1982 (see Memorandum M-82-119 dated November 19, 1982). Policies for the
Black Mountain Communications Facilities state that new lease renewals will be considered on
a case-by-case basis. Since a continued use of existing communication facilities is proposed,
the Communications Site Lease and Agreement is in compliance with the objectives of this
policy.
CEQA COMPLIANCE
Project Description
There is no substantial evidence that acceptance of the exercise of an existing lease option to
continue use of an existing communications facility, may have a significant effect on the
environment and therefore this action is not considered a project under CEQA (Public
Resources Code §21080 (c)(i)).
PUBLIC NOTIFICATION
I
The property is surrounded by District land; therefore, no private owners were notified.
Prepared by:
John P. Dickey, Real Property Specialist
Contact person:
i
Michael C. Williams, Real Property Manager
ACE COMMUNICATION LEASE
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COMMUNICATIONS SITE LEASE
AMENDMENT
AND
EXERCISE OF OPTION
This Amendment("Amendment") to the herein referenced Communications Site Lease is made
and entered into as of June 1, 2003 by and between the Association for Continuing Education, a
California corporation("Lessee"), and the Midpeninsula Regional Open Space District, a special
district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public
Resources Code ("District").
�I
A. WHEREAS, District and Lessee are parties to that certain Communications Site Lease
dated June 10, 1998 ("Lease"); and
B. WHEREAS, District and Lessee desire to now amend the Lease to modify the rental j
terms as more particularly set out herein; and
C. WHEREAS, Lessee desires to exercise the first Option to Extend Term subject to the
terms and conditions set forth herein.
NOW THEREFORE, District and Lessee amend the Lease as follows:
1. In accordance with Paragraph 20(a) (Option To Extend Term) of the Lease, District and
Lessee now mutuallyagree to extend the Term of the Lease for five 5 ears commencing on
g OY � g
June 1, 2003.
2. Section 5 of the Lease is deleted in its entirety and replaced as follows:
Lessee shall a District rent in monthly installments, in
a Fixed Minimum Rent ss
O PY
advance, on the first day of each month of the term hereof. In accordance with
Paragraph 20(b), District and Lessee agree to amend the Lease so that the Fixed
Minimum Monthly Rent for such extended term is as follows:
June 1, 2003 through May 31, 2004 $2,134.00 monthly
June 1, 2004 through May 31, 2005 $2,283.00 monthly
June 1, 2005 through May 31, 2006 $2,443.00 monthly
June 1, 2006 through May 31, 2007 $2,614.00 monthly
June 1, 2007 through May 31, 2008 $2,797.00 monthly
(b) Percentage Rent. As additional rent, Lessee agrees to pay to District an amount equal
to twenty-five percent (25%) of all subtenant rents for subleases entered into prior to
June 1, 2003 and an amount equal to fifty percent(50%)of all subtenant rents for
subleases entered into after June 1, 2003. Percentage Rent shall be paid in monthly
installments, in advance on the first day of each month. Percentage Rent for any month
or calendar year or partial month or calendar year shall mean income received by
Lessee from subtenants in connection with use of the Leased Premises. There shall be
expressly excluded from the calculation of Percentage Rent due District the following:
pn(YA 1 of T
(i) installation and maintenance fees paid to Lessee for services provided by Lessee on
behalf of subtenants; (ii) reimbursements by subtenants to Lessee of operating expenses,
common area costs, Lessee improvements and damage and indemnification claims and
reimbursements; (iii)the proceeds of insurance, other than rental and business
interruption insurance; (iv) all sums collected and paid out for sales taxes, use taxes,
excise taxes and similar taxes to be collected from subtenants and paid by Lessee; (v)
un-forfeited security deposits received from subtenants. If the term hereof expires or is
terminated other than on the last day of a month, Percentage Rent shall be prorated for
such partial month according to the number of days in such month. Each month shall
be considered an independent accounting period for the purposes of determining the
amount, if any, of Percentage Rent payable hereunder. A Statement of Percentage Rent
shall be remitted to District with each monthly rental payment whether said payment
consists of a Minimum Rent, a Percentage Rent payment, or both.
3. Pursuant to Paragraph 8 (c) of the Lease, Lessee and District agree that Lessee shall, at its
sole expense and within ninety (90) days of execution hereof by District, repair the access road
by removing ruts and installing appropriate drainage improvements as reasonably directed and
approved by District.
4. Section 7 of the Lease is deleted in its entirety and replaced as follows:
Lessee may install, maintain and operate on the Premises the following improvements:
4 ITS 10 Watt G10 Transmitters, 1 ITS Combiner,4 McMartin TR-55D Tuners, 4
Micronow 320-B Downconverters, 1 Mosely MRC 1600 Remote Control,4 Macon
MA23CCRx Base Units, 2 Macon MA 23CC Xmtr Base Units, 1 Macon MA23CC RX
Antenna Unit, 4 Macon MA23CC Rx-Tx Duplex Units, 4 Emcor Std-Lkg Transmitter
Racks, 1 Anixter P-2596 8 foot Grid Antenna, 1 Anixter P-2572 6 foot Grid Antenna, 16
foot high Anixter HP-72 High Performance Antenna, 4 Anixter WH-48 4 foot Whip
Antennas, 2 Westinghouse Industrial Air Conditioners and 1 Diablo Armco IOx20 Trans
Facility.
5. If a conflict between terms in the Lease and those in this Amendment arises, the
provisions of this Amendment shall control the construction and interpretation thereof.
6. Capitalized terms used in this Amendment not otherwise defined herein shall have the
meanings ascribed to them in the Lease.
7. The Lease, as amended herein, shall continue in full force and effect with all other terms
and conditions unchanged.
� llI
� lII
Pacer 7 of Z
IN WITNESS WHEREOF, District and Lessee have executed this Amendment.
DISTRICT: LESSEE:
Midpeninsula Regional Association for Continuing Education,
Open Space District a California corporation
RECOMMENDED:
By:
L. Craig Britton Martha Sessums
General Manager President
APPROVED: Date: �/1,5/
Susan M. Schectman
General Counsel
ACCEPTED: ATTEST:
President District Clerk
Board Of Directors
Date:
Panes 2 of 2
Regional Open Ice
---------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-03-85
Meeting 03-19
August 27, 2003
AGENDA ITEM 3
AGENDA ITEM
Authorization to Solicit Bids for the Removal of Lead Basod Paint and Repainting Four
Buildings at Skyline Ridge Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIO
Authorize Staff to solicit bids for the scraping and removal of loose lead based paint from the
existing shop building, stable building and two out buildings at the Skyline Field Office located
at Skyline Ridge Open Space Preserve.
DISCUSSION
The Skyline shop building, stable building, and two out buildings were on site when the property
was purchased in 1982. The paint is starting to flake and the chips tested positive for lead, which
necessitates the specialized services of a painting contractor to correct. This project was
identified as a key project in the Staff Facilities Improvements section of the 2003-2004 Action
Plan (see Report R-03-07).
Funding
At your March 26, 2003 meeting the Board approved the fiscal year 2003-2004 budget (see
Report R-03-34),which included $72,150 to make minor roof repairs to the stable building,
engage a lead services/OSHA compliance consultant, and complete the removal of lead-based
paint and repaint four buildings at the Skyline Field Office. The actual project costs will be
presented to you for approval when staff returns for authorization to enter into contract with the
recommended successful responsible bidder.
CEQA COMPLIANCE
Project Description
This project involves exterior maintenance of the existing shop building, stable building, and two
out buildings at the Skyline Field Office. The work includes scraping and removal of loose lead-
based paint and the repainting of the existing structures.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act) under Sections 15301
and 15330 of the CEQA Guidelines as follows:
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 CAW:=gl ®Rer
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-03-85 Page 2
Section 15301 exempts operation, repair, maintenance, or minor alteration of existing structures
or facilities not expanding existing uses. The proposed project includes repairs to the structure,
replacement of the roof, and exterior paint.
Section 15330 exempts minor actions to prevent, minimize, stabilize, mitigate, or eliminate the
release or threat of release of hazardous waste or substances. The proposed project includes the
removal of chipping and pealing paint,proper disposal of hazardous materials, encapsulation of
remaining paint to prevent further release of contaminated paint into the air and soil.
Prepared by:
Sumudu Welaratna, Planning Technician
Contact Person:
Same as above
Regional Open .".`. ice
R-03-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-19
August 27, 2003
AGENDA ITEM 4
AGENDA ITEM
Authorization to Amend Agreement with Cotton Shires &A ates for Geotechnical
Engineering Services for the Federal Emergency Manage ent A ncy(FEMA)-Funded Old
� n Sp
Page Mill Trail Repairs at Skyline f eace Pr erve
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute an amendment to the consultant services agreement with
Cotton Shires & Associates of Los Gatos for up to an additional $5,000 over the $25,000
previously authorized to cover geotechnical engineering services for sufficient hours of
construction monitoring work for the FEMA-funded Old Page Mill Trail repairs at Skyline Ridge
Open Space Preserve, for a total sum not to exceed$30,000.
DISCUSSION
The"El Nino"winter storms of 1998 caused unprecedented levels of damage to District roads
and trails, including two large washouts on Old Page Mill Trail at Skyline Ridge Open Space
Preserve, one of which claimed the entire road width. FEMA grants totaling $122,390 were
awarded to the District for repair of the damage.
At your August 8, 2001 meeting, you authorized the General Manager to execute an agreement
with Cotton Shires &Associates of Los Gatos to investigate the geologic and geotechnical
conditions at Old Page Mill Trail and to work with the civil engineer to prepare plans and
specifications for the site's repairs, for a sum not to exceed $23,000 (see Report R-01-93). On
September 12, 2001, you subsequently authorized an amendment to the consultant services
agreement with Cotton Shires & Associates for an additional $2,000 to cover the cost for tasks
not originally included in the scope of work, namely extra field work required to identify
additional borrow sites and delineate these areas for subsequent survey work(see Report R-01-
107). These extra tasks have resulted in a dramatic cost savings for the District given that the
repair will not require the need to import fill; instead native, onsite soil and rock will be used as
backfill to complete the repairs.
Construction of the Old Page Mill Trail repairs began with mobilization on Friday,
August 8, 2003. The construction period should take 45 working days and requires periodic
monitoring from the geotechnical engineer to make certain that the contractor performs the work
in accordance with their technical recommendations and to make adjustments based upon field
conditions. The District relies on the expertise of the geotechnical engineer during this final
phase of the project to ensure high quality construction and obtain final sign-off as required by
the San Mateo County Geologist.
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 f ® °r
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-03-89 Page 2
Cotton Shires & Associates prepared its professional services proposal for the project in 2001, at
a time when neither the District nor the consultant were fully aware of the details of the project
construction and length of the construction repair. Recently, staff reviewed the tasks and budget
that remained for each consultant working on this project. To date, Cotton Shires has spent
$1,710.00 on preparing for and attending the pre-construction meeting, resolving previously
unforeseen technical issues related to the large washout and the quality of the fill material, and
performing soil testing. Approximately$3,290.00 remains from the budgeted allocation of
$5,000 for construction-related services to complete any subsequent construction monitoring.
The remaining budget will only allow for three weeks of construction observation assuming two
four-hour visits per week. Given the 9-week construction schedule recently provided by the
contractor, the remaining construction-monitoring budget is not sufficient.
An estimate provided by Cotton Shires indicates that a total of$10,000.00 may be needed to
complete the construction monitoring work. Staff believes this total to be reasonable, given the
remaining field uncertainties and San Mateo County requirements. With the existing $5,000.00
budget allocation, an increase of approximately$5,000.00 is needed. For this reason, staff
recommends that the Board authorize the General Manager to amend the consultant services
agreement for Cotton Shires in the amount of$5,000.00, thus increasing the contract amount to a
not-to-exceed total of$30,000.00.
The fiscal year 2003-2004 Planning budget includes $229,540 for the design and repair of the
storm damage. So far, in the current fiscal year, the consultant's scope of work has included
assistance with submitting County permits, reviewing construction documents and technical
specifications, and construction monitoring.
CEQA COMPLIANCE
Staff concludes that amending these consultant agreements for engineering services does not
constitute a project under California Environmental Quality Act (CEQA). Therefore, the
recommended action is exempt. At your November 13, 2002 meeting, you approved a Mitigated
Negative Declaration and Mitigation Monitoring Plan for the Old Page Mill Trail Repair Project
and determined that the project avoids or minimizes all potential impacts to a less-than-
significant level (see Report R-02-124). Staff continues to monitor compliance with the
Mitigation Monitoring Plan.
Prepared by:
Ana Ruiz, Open Space Planner
Sandy Sommer Senior Planner ASLA/AICP
Contact Person:
Sandy Sommer, Senior Planner, ASLA/AICP
Regional Open ice
R-03-91 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-19
August 27, 2003
AGENDA ITEM 5
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and
Approval of Amendment to General Manager's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the General Manager's performance for the period of
March 10, 2002 through March 9, 2003 and compensation review for the position, the Ad
Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based
on the General Manager's performance and a 4% cost of living salary adjustment for fiscal
year 2003-2004, retroactive to March 9, 2003.
2. Adopt the attached resolution amending the General Manager's Employment Agreement to
reflect an adjusted salary of$144,099.61 and approving a 5%meritorious pay award totaling
$6,927.87.
DISCUSSION
The Board completed its annual evaluation of the General Manager's performance and
compensation for the position at its August 19, 2003 meeting. The Ad Hoc Board Appointee
Evaluation Committee, composed of Directors Hanko(Chair), Cyr, and Siemens, met with the
General Manager to review his compensation.
Based on the General Manager's performance, the Committee recommends a cost of living
adjustment(COLA)of 4%, which is the same COLA received by all District employees for fiscal
year 2003-2004. The General Manager's adjusted salary will be $144,099.61. This increase will
be retroactive to March 9, 2003, the anniversary date for his Employment Agreement. The
Employment Agreement calls for an annual salary review and contemplates a determination of an
adjustment each anniversary date; therefore, a retroactive date for this adjustment is appropriate.
Based on the Board's review of the General Manager's performance during the evaluation period,
the Committee also recommends that a 5%meritorious pay award($6,927.87)be granted the
General Manager. This award is not a salary adjustment, but rather is granted as a one-time award
in recognition for performance during his year of service from March 10, 2002 through March 9,
2003. The Board is very pleased with the General Manager's overall performance during the past
year. Significant accomplishments included:
• The hiring of 20 positions, including 2 promotions and 13 seasonal staff.
330 Distel Circle . Los Altos, CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C. Nitz . General Manager: L.Craig Britton
R-03-91 Page 2
• The Workplace Enhancement Plan (WEP) implementation is ongoing, with regular
department meetings as well as individual meetings and a new ongoing WEP evaluation
system for Management Team.
• The District acquired an additional 2,365 acres of land, including completion of the Hunt 75
acre and 198 acre Presentation Center additions to Bear Creek Redwoods; completion of the
acquisition of the 40 acre Daloia and 162 acre McKanny properties to Sierra Azul Open
Space Preserve; completion of the 827 acre CHY and 493 acre Loma Prieta Ranch(POST)
property to Sierra Azul; and purchase of the remaining 45% interest (the equivalent of 334.54
acres) as an addition to Skyline Ridge Open Space Preserve. These purchases included
$3,586,289 in grants.
• The District transferred its Worker's Compensation insurance from a commercial carrier to
the California Joint Powers Insurance Authority(CJPIA).
• Obtained new grants: (1) Solved population overlap with three counties to free up $1.8
million in per-capita funds and $1.2 million in Robert-Z'Berg funds from Proposition 40; (2)
A grant from Santa Clara County in the amount of$63,000 for the seismic upgrade of the
Pichetti winery building; (3) $250,000 in grants from the Bay Area Ridge Trail Council -
$175,000 for acquisition and $75,000 for trail planning and construction; and(4)A$61,000
Ridge Trail Grant for the staging area at Jacques Ridge in Sierra Azul.
• Grant projects completed: (1)Received the $1,253,789 in Roberti-Z'berg funds from
Proposition 12 for the McKannay property purchase; (2)Received $500,000 grant funds from
the Habitat Conservation Fund for the Loma Prieta Ranch(POST) acquisition; and (3)
received the $2.4 million in per-capita grant funds from Proposition 12.
• The Board approved the Final Service Plan and Certified the Final Environmental Impact
PP P
Report/Response to Comments( I ) for the San Mateo CoastalAnnexation Pro
ject.
• Completed the 5-year strategic plan process for the Resource Management Program,
including holding 3 public workshops for public and Board input.
• Sponsored 2 pieces of State Legislation which were authored b Assembly Member Cohn
P P 8i Y Y
• 7 5
Completed a 2-year Memorandum of Understanding with Local SEN 1 .
P Y g
• The handball courts at Rancho San Antonio County Park were removed as part of the effort
to preserve the heritage Bay Laurel Tree.
• 1 negotiations on a 5-year lease extension at the historic Fremont Older House.
Completed egot y
• Staged the best(3&) anniversary dinner in the District's history.
• Continued to work in concert with POST and the County Parks Departments of Santa Clara
and San Mateo.
Submitted by:
Y
Ad Hoc Board Appointee Evaluation Committee
,I
(Directors Hanko, Cry and Siemens)
Contact person:
President Nanette Hanko
RESOLUTION NO. 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF TBE
M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING 2003-2004 SALARY ADJUSTMENT AND
MERITORIOUS PAY AWARD FOR THE GENERAL
MANAGER AND APPROVING AMENDMENT TO GENERAL
MANAGER EMPLOYMENT AGREEMENT
WHEREAS, the Board of Directors of the M[idpeninsula Regional Open Space District
entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the
District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review, which the Board has completed; and
WHEREAS, the Board desires to adjust the General Manager's compensation to include a
4% cost of living adjustment, increasing his salary to $144,099.61 per annum retroactive to
March 9, 2003; and
WHEREAS, the Board, based on its annual review of Brittons performance, desires to
grant him meritorious pay of 5% or$6,927.87 over and above Brittorfs salary in recognition of
his outstanding performance during the previous year of service.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
M[idpeninsula Regional Open Space District do hereby authorize the President of the Board of
Directors or other appropriate officer to execute the attached Seventh Amendment to the General
Manager Employment Agreement on behalf of the M[idpeninsula Regional Open Space District to
increase the General Manager's salary to $144,099.9 1 per annum based upon a 4% cost of living
salary adjustment, retroactive to March 9, 2003; and
BE IT FURTBER RESOLVED that the Board of Directors of the M[idpeninsula Regional
Open Space District does grant the General Manager by adoption of this resolution a 5%
meritorious pay award in the amount of$6,927.87 over and above the General Manager's salary
for meritorious service in fiscal year 2002-2003.
&GKm AMENDMENT
To EMPLOYMENT AGREEMENT
GENERAL MANAGER
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Employment Agreement("Agreement"), dated March 9, 1994, with L. Craig
Britton employing Britton as the District's General Manager; and
WHEREAS, the Agreement was last amended on September 25, 2002; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review and desires to adjust the General
Manager's current compensation to include a 4% cost of living increase, increasing his salary to
$144,099.61 per annum, retroactive to March 9, 2003.
NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as
follows:
1) Effective retroactively to March 9, 2003, Section 3(a) is hereby amended to read
as follows:
(a) Salary. As compensation for the services to be performed hereunder, Britton shall
receive a salary at the rate of$144,099.61 per annum. District's Board of
Director's (the 'Board") shall review Britton's performance and salary annually.
It is further agreed that in all other respects the Agreement and all amendments thereto are
hereby ratified and reaffirmed.
In witness whereof, the parties have executed the Amendment this®day of August,
2003.
By:
Nonette Hanko, President L. Craig Britton, General Manager
Board of Directors
Date: Date:
ATTEST:
By:
Sally Thielfoldt, District Clerk
Date:
Regional Open 1F ice
R-03-92
Meeting 03-19 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 27, 2003
AGENDA ITEM 6
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of
Amendment to District General Counsel's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS
1. As a result of the Board's evaluation of District General Counsel's performance for Fiscal Year
2002-2003, the Ad Hoc Board Appointee Evaluation Committee recommends a 5%meritorious
pay award based on District General Counsel's performance in fiscal year 2002-2003 and a 4%
cost of living increase for fiscal year 2003-2004, retroactive to April 1, 2003.
2. Adopt the attached resolution amending District General Counsel's Employment Agreement to
reflect an adjusted 2/3-time salary of$89,562.39, a 5%meritorious pay award totaling $4,305.88,
an adjustment in vacation hours from 120 hours annually to 140 hours annually, and approving an
increase in the position from 2/3-time(.67)to 4/5-time(.80) effective upon the date of adoption
of the attached resolution.
DISCUSSION
The Board conducted its annual evaluation of District General Counsel's performance and compensation
for the position at its August 19, 2003 meeting. On July 18, 2003, the Ad Hoc Board Appointee
Evaluation Committee, composed of President Hanko and Directors Cyr and Siemens, also met with
District General Counsel to review her performance and compensation.
The District General Counsel's current 2/3-time salary is $86,117.68 annually. The Committee
recommends, based on District General Counsel's performance in fiscal year 2002-2003, that the Board
approve a salary adjustment for District General Counsel as follows: a cost of living adjustment(COLA)
of 4%, which is the same COLA received by all District employees for Fiscal Year 2003-2004. The
District General Counsel's adjusted 2/3-time salary would be$89,562.39 retroactive to Apra 1, 2003.
Due to workload and District legal needs, the Ad Hoc Committee discussed increasing the General
Counsel position to 4/5-time(.80). The Committee and Counsel discussed current legal service demands
and workload. The current workload requires Counsel to be at the District on a four day schedule. The
current workload requires an increase in these services and the Committee and Counsel don't anticipate
this need will decrease in the future. The legal service needs of the District have grown as the District and
its programs have grown. The Committee feels this adjustment is appropriate to insure that these services
are available and to better reflect current workload. Increasing this position to 4/5-time would increase
the annual salary for this position to $106,940.16. This increase would not be retroactive.
The Committee also recommends granting District General Counsel's request to increase her vacation
hours from 120 hours annually to 140 hours annually.
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200
Fax: 650-691-0485 # E-mail: mrosd@openspace.org * Web site: www.openspace.org
Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz - General Manager:L.Craig Britton
R-03-92 Page 2
Based on the Board's review of District General Counsel's performance during the past fiscal year, the
Committee also recommends that a 5% meritorious pay award ($4,305.88)be granted. This award is not
a salary adjustment, but rather is granted as a one-time award in recognition for performance during the
year. The Board is very pleased with District General Counsel's overall performance during the past year.
Significant accomplishments of the Legal subprogram(General Counsel and Staff Attorney)have
included:
LITIGATION AND REGULATORY PROCEEDINGS
• MROSD V. WOZNIAK
Worked with outside counsel on mediation and discovery portions of the litigation.
Conducted settlement discussions and drafted settlement documents currently being reviewed
by defendant's attorney.
• VANDERWEGHE V. MROSD
Lawsuit challenging validity of District access easement over property adjacent to Bishop-
Krone area of El Sereno. Worked with title company to tender and secure a defense and
prepare for upcoming mediation proceedings.
• GUADALUPE RIVER WATERSHED NRDA PROCEEDINGS
Represented District's interest in an equitable settlement of the mercury remediation claims
brought by federal agencies; participating in settlement discussions.
• EL CORTE DE MADERA REGULATORY ACTION
Assisted Planning Department in responding to notice of pending regulatory action concerning
sedimentation to streams in El Corte de Madera Open Space Preserve and preparing a
mutually acceptable resolution to address both the District and the regulatory agencies'
concerns.
REAL PROPERTY
• Provided legal advice to Acquisition Department on major land acquisitions, including drafting
complex transactional documents for the Sisters of Presentation acquisition; negotiating and
drafting transactional documents for the Hunt acquisition and its tax-exempt financing; and
negotiating and drafting transactional documents for the Chy and Loma Prieta property
acquisitions;
• Advising on real property issues concerning potential acquisitions including the Holmes
property and associated litigation; and the Dennis Martin Road ownership issue;
• Advising and drafting commercial telecommunication leases and residential leases and licenses
for the Property Management Subprogram;
• Assisting in resolving encroachment issues, including Bear Creek Redwoods (Allen Property);
Hanson Quarry slope failure dispute(Montebello OSP).
COASTAL ANNEXATION PROJECT
• Provided substantial legal review and drafting of Final EIR and related project documents;
• Provided advice concerning conduct and procedures for Final EIR public hearing,
certification, and subsequent implementing actions.
• Provided advice concerning LAFCO issues;
R-03-92 Page 3
ADMINISTRATION
• Provided advice and drafting for Salaried Employee Policy;
• Provided advice concerning legal issues arising out of negotiation of successor agreement with
Local 715;
• Provided advice concerning disciplinary matters and ongoing revision of District's Personnel
Policies and Procedures Manual;
• Assisted in completing audit of District compliance with the Fair Labor Standards Act.
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(President Hanko,Directors Cyr and Siemens)
Contact person:
Nonette Hanko, President
RESOLUTION NO. 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
A SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR
DISTRICT GENERAL COUNSEL AND APPROVING AN
AMENDMENT TO DISTRICT GENERAL COUNSEL'S
EMPLOYMENT AGREEMENT
WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into an
Agreement,dated March 13, 1996,with Susan M. Schectman,employing her as the District's General Counsel; and
WHEREAS,the Agreement provides for an annual review of District General Counsel's performance and an
annual compensation review; and
WHEREAS,the last annual compensation adjustment for the General Counsel was approved in September
25,2002,retroactive to April 1,2002;and
WHEREAS,the Board has completed its annual review;and
WHEREAS,the Board desires to adjust District General Counsel's compensation to include a 4%cost of
living increase for fiscal year 2003-2004,retroactive to April 1,2003,thereby increasing her salary to$89,562.39 per
year;and
WHEREAS,the Board desires to increase the General Counsel position from a 2/3-time(.67)position to a
4/5-time(80)position effective upon the adoption of this Resolution which will increase the General Counsel's salary
to$106,940.16;and
WHEREAS,the Board,based on its annual review of Schectman's performance,desires to grant her a
meritorious pay of 5%,or$4,305.88 over and above Schectman's salary,in recognition of her performance during
Fiscal Year 2002-2003.
NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open
Space District does authorize the President of the Board of Directors to execute the attached Seventh Amendment to
District General Counsel Employment Agreement on behalf of the Midpeninsula Regional Open Space District to
increase District General Counsel's salary to$89,562.39 per year based on a 4%cost of living adjustment,retroactive
to April 1,2003,thereafter increasing the General Counsel position from a 2/3-position(.67)to a 4/5-time(.80)
position and increasing the General Counsel's salary accordingly to$106,940.16 effective upon adoption of this
Resolution,and increasing District General Counsel's annual vacation hours from 120 hours to 140 hours.
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space
District does grant District General Counsel,by adoption of this resolution,a 5%meritorious pay award in the
amount of$4,305.88 over and above District General Counsel's salary for meritorious service in Fiscal Year 2002-
2003.
SEVENTH AMENDMENT
To EMPLOYMENT AGREEMENT
DISTRICT GENERAL COUNSEL
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into that certain District General Counsel Employment Agreement ("Agreement"), dated
March 13, 1996, with Susan M. Schectman, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of District General Counsel's
performance and compensation; and
NOW, THEREFORE, the parties agree that the Agreement shall hereby be further
modified as follows:
I Section 4(A) is hereby amended to read as follows:
A. The Attorney's position shall be 4/5-time(80) and her regular work hours shall be
generally 32 hours of service per week, including attendance at Board or Board
Committee meetings.
2. Section 5(A)is hereby amended to read as follows:
A. As compensation for services to be performed hereunder, Attorney shall receive a
salary at the rate of$89,562.39 per calendar year, retroactive to April 1, 2003.
Thereafter, effective upon the execution of this Seventh Amendment by District,
Attorney shall receive a salary at the rate of$106,940.16 per calendar year.
3. Section 5(D) is hereby amended to read as follows:
D. Attorney shall receive the medical, dental, vision, life insurance, long term
disability insurance, deferred compensation, sick leave conversion, and Section 125
cafeteria plan benefits available to employees of the District on the same terms
available to those employees. Except for medical insurance coverage and long
term disability coverage, for which District will pay full premiums, such benefits
shall be pro-rated and District shall pay 80% of any applicable premiums for each
benefit.
4. Section 5(H) is hereby amended to read as follows:
H. Attorney shall earn leave as set forth in the District's"Personnel Policies and
Procedures Manual" and"Administrative Leave Program for Managers" pro-rated
at 80% of applicable amounts, except that Attorney shall receive 140 hours of
vacation leave which shall be credited to Attorney's vacation leave balance on
January I'of each calendar year.
Seventh Amendment to Employment Agreement Page 2
It is further agreed that in all other respects District General Counsel Employment
Agreement is unmodified and shall continue in full force and effect.
In witness thereof, the parties have executed the Amendment this 27th day of August,
2003,
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Nonette Hanko, President Susan M. Schectman, District General
Board of Directors Counsel
Date: Date:
ATTEST:
Sally Thielfoldt, District Clerk
Date:
tl '�-
Regional Open .. ice
J
R-43-93 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 03-19
August 27, 2443
AGENDA ITEM 7
AGENDA ITEM
Approval of Salary Adjustment for the Controller and Approval of Amendment to Controller's
Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
l. As a result of the Board's evaluation of the Controller's performance for the period of April 1,
2002 through March 31, 2003, the Ad Hoc Board Appointee Evaluation Committee recommends
a salary increase of 101/o per annum retroactive to April 1, 2003.
2. Adopt the attached resolution amending the Controller's Employment Agreement to reflect an
adjusted salary of$16,500 per annum.
DISCUSSION
The Board conducted its annual evaluation of the Controller's performance at its August 19, 2003 Special
Meeting. The ad hoc Board Appointee Evaluation Committee, composed of Directors Hanko (chair),
Cyr, and Siemens, was instructed to serve as the District's negotiator and was directed by the Board to
meet with the Controller to review his compensation.
The Controller's Employment Agreement calls for an annual performance review and consideration of any
proposals by the Board or the Controller to modify or amend the Agreement. The Controller's salary has
not been increased since 1998. The Committee recommends, based on the Controller's past performance
and the length of time since a contract amendment, that the Board approve a salary adjustment for the
Controller, increasing his annual salary to $16,500 (an increase of 10%)retroactive to April 1, 2003.
This salary adjustment takes into consideration the Controller's past performance and the increase in the
cost of living. No additional meritorious pay award is recommended.
Prepared by:
Ad Hoc Board Appointee Evaluation Committee
President Hanko and Directors Cyr, and Siemens
Contact person:
Nonette Hanko, President
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
RESOLUTION NO. 03-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MMPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
1998-1999 SALARY ADJUSTMENT FOR THE CONTROLLER AND
APPROVING AMENDMENT TO CONTROLLER EMPLOYMENT
AGREEMENT
WHEREAS, the Board of Directors of the M[idpeninsula Regional Open Space District entered into
an Agreement, dated August 23, 1995, with Michael L. Foster, employed by the District as its Controller
since May 1, 1978; and
VaffiREAS, the Agreement provides for an annual review of Controller's performance and
consideration of any proposals by the Board or by Controller to modify or amend the Agreement; and
WHEREAS, the Board has completed its annual review; and
WHEREAS, the Board desires to adjust Controller's annual compensation to $16,500 retroactive to
April 1, 2003, in recognition of his performance and the increase in the cost of living.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the M[idpeninsula
Regional Open Space District do authorize the President of the Board of Directors to execute the attached
First Amendment to the Controller Employment Agreement on behalf of the M[idpeninsula Regional Open
Space District to increase the Controller's salary to $16,500 per annum retroactive to April 1, 2003.
SECOND AMENDMENT
To EMPLOYMENT AGREEMENT
CONTROLLER
WHEREAS, the Board of Directors of the Mdpeninsula Regional Open Space District entered into
an Employment Agreement ("Agreement"), dated August 23, 1995, with Michael L. Foster("Foster"),
employed as the District's Controller since May 1, 1978; and
WHEREAS, the Agreement provides for an annual review of Foster's performance and
consideration of any proposals by the Board or by Foster to modify or amend this Agreement; and
WHEREAS, the Board has completed its annual review and desires to adjust Foster's current
compensation, retroactive to April 1, 2003, increasing his salary to $16,500 per annum.
NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows:
1) Effective retroactively to April 1, 2003, Section 4(a) is hereby amended to read as follows:
(a) Salary. As compensation for the services to be performed hereunder, Foster shall
receive an annual salary in the amount of$16,500.
It is further agreed that in all other respects the Agreement, and any and all amendments thereto, is hereby
ratified and reaffirmed.
In witness whereof, the parties have executed the Amendment this 27th day of August, 2003.
Midpeninsula Regional Open Space District
By:
Nonette Hanko, President Michael L. Foster, Controller
Board of Directors
Attest:
Sally Thielfoldt
District Clerk
i
R-03-93
Meeting 03-19
August 27, 2003
AGENDA ITEM 7
AGENDA ITEM
Approval of Sal Adjustment for the Controller and Approval of Amendment to Controller's
PP Salary l
Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the Controller's performance for the period of April 1,
2002 through Marc"1, 2003, the Ad Hoc Board Appointee Evaluation Committee recommends
a salary increase JOWper annum retroactive to April 1, 2003.
2. Adopt the attached resolution amending the Controller's Employment Agreement to reflect an
adjusted salary of$16,500 per annum.
DISCUSSION
The Board conducted its annual evaluation of the Controller's performance at its August 19, 2003 Special
Meeting. The ad hoc Board Appointee Evaluation Committee, composed of Directors Hanko (chair),
Cyr, and Siemens, was instructed to serve as the District's negotiator and was directed by the Board to
meet with the Controller to review his compensation.
The Controller's Employment Agreement calls for an annual performance review and consideration of any
proposals by the Board or the Controller to modify or amend the Agreement. The Committee
recommends, based on the Controller's past performance, that the Board approve a salary adjustment for
the Controller, increasing his annual salary to $16,500 (an increase of 10%)retroactive to April 1, 2003.
This salary adjustment takes into consideration the Controller's past performance and the increase in the
cost of living. No additional meritorious pay award is recommended.
Prepared by:
Ad Hoc Board Appointee Evaluation Committee
President Hanko and Directors Cyr, and Siemens
person:
erson:
�
i
Nonette Hanko, President
Regional Open S, ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-03-87
Meeting 03-19
August 27, 2003
AGENDA ITEM 8
AGENDA ITEM
Cancel the September 10, 2003 Regular Meeting of th Board o irectors
GENERAL MANAGER'S RECOMMEND Tl
0:aul niz of the Board of Directors.
77
)0
Approve cancellation of the September 10, 2003 Regul g of the Board of Directors.
DISCUSSION
During the summer vacation months staff looks at the calendar to make sure there are a sufficient
number of meetings to complete Board business while trying to accommodate staff and Board
holiday and vacation schedules. As of the writing of this staff report,there were no time
sensitive issues, or otherwise, that needed Board approval at a September I&meeting.
Therefore, staff recommends that the September 10, 2003 Regular Meeting be cancelled.
Prepared by:
Lisa Zadek, Assistant District Clerk
Contact person:
L. Craig Britton, General Manager
330 Distel Circle # Los Altos, CA 94022-1404 Phone: 650-691-1200
Fax: 650-691-0485 * E-mail: mrosd@openspace.org * web site: www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz - General Manager: L.Craig Britton
Claims No. 03-15
Meeting 03-19
Date 08/27/03
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
6302 $508.26 Acme&Sons Sanitation Sanitation Services
6303 $309.15 Allied Auto Works Vehicle Service and Repairs
6304 $330.00 Anderson Chevrolet Vehicle Parts
6305 $307.97 AT&T Wireless Cellular Phone Service
6306 $96.97 Baillie,Gordon Reimbursement-Plaque for W.Phillips
6307 $100.00 '1 Bay Area Open Space Council Exhibit Space Reservation
6308 $130.00 Bill's Towing&Recovery Tow Truck Fees
6309 $261.58 Britton,L.Craig Reimbursement-CA JPIA Anuual Meeting
6310 $281.16 California Water Service Company Water Service
6311 $10,645.02 ## Carter Industries 3 Vehicle Service Bodies
6312 $114.92 Cascade Fire Equipment Company Field Supplies
6313 $336.56 Cole Supply Co.,Inc. Janitorial Supplies
6314 $416.76 Cresco Equipment Rentals Tractor Rental
6315 $257.84 Crestline Specialties,Co.,Inc. Printing Services-Flyers
6316 $61.58 CSK Auto Vehicle Supplies
6317 $5,867.82 Curiale Dellaverson Hirschfeld Legal Services
6318 $3,500.00 E.T.Techtonics, Inc. Consulting Services-Structural Eng.Design-Virginia Mill&
ECDM
1 n 63 9 44 1 6. 2 Ed Jones Co. Inc. Uniforms
6320 $51.06 Federal Express Express
ress Mailing n
9
6321 $103.39 Fischer,Tom Reimbursement-Mileage
9
6322 $350.78 Forestry Supplies,Inc. Field Supplies
6323 $359.57 Foster Brothers Keys,Locks&Rings
6324 $1,025.00 FreYer&Laur eta Inc. Consulting Services Old Page Mill Road
6325 $142.76 Fry's Electronics Computer Supplies
6326 $48.80 Great! Printing Services-Maps
6327 $1,782.00 Hexagon Transportation Cons.,Inc. Consulting Services-Coastal Annexation EIR
6328 $11,770.00 Hitech Construction Management& Construction Management Service-FFO Shop Building
Design
6329 $304.36 Home Depot,Inc. Field Supplies&Equipment
6330 $84.64 Hyster Sales Company Bobcat Equipment Parts
6331 $79.28 Jensen,Stephanie Reimbursement-Local Business Meeting&Internet
Services
6332 $475.13 Just Ergonomics,Inc. Erognomic Equipment
6333 $2,472.96 LFR Levine Fricke Demolition-Sewage Lift Station-Pulgas
6334 $1,755.00 Liebert Cassidy Whitmore Legal Services
6335 $85.00 MCI Long Distance Telephone Service
6336 $1,820.00 Meca Environmental Consultants Consulting Services-Guadalupe TMDL Project
6337 $1,002.24 MetroMobile Communications Radio Repairs&Maintenance
6338 $246.81 Orlandi Trailer Trailer Accessories
6339 $170.74 Pine Cone Lumber Lumber
6340 $69.20 Precision Engravers,Inc. Name Tags Engraving
6341 $60.00 Project Ergonomics Erognomic Equipment
6342 $7.49 R.V.Cloud Plumbing Supplies
6343 $36.46 Rancho Hardware&Garden Shop Field Supply
6344 $435.70 Ray L.Hellwig Services Co.,Inc. HVAC Maintenance-Admin.Office&Tenant Space
6345 $16.95 SBC Payment Center Telephone Service
6346 $10,569.00 Shoreline Printing&Graphics,Inc. Printing Services-Fall Newsletter
Page t of 2
Claims No. 03-15
Meeting 03—/9
Date 08/27/03
Revised
MidpeninsuUa Regional Open Space District
� # Amount Name Description �
� 6347 $324.75 Summit Uniforms Uniform Expense
� 6348 $502.58 Tires on the Go Tires&Tire Repairs �
� 6349 $39.30 United Parcel Service Parcel Shipping �
�
8350 $302.97 United Rentals Highway Tech. Signs �
� 6351 $1,091.85 Valley Automatic Gate SarvicoGato-RonoxoGenAnmnio �
� 0352 $553.85 West Coast Aggregates,Inc. Base Rock for Kennedy Road �
0353 $5.650.00 °2 Western Press&Mail Postage'Newsletters'Fall 2803 �
6354 $109.44 Williams,Mike RoimUumoment-Mi|oago
0355R $1.387�83 Albion Environmental,Inc. Biological Services-Old Page Mill Trail Repair
0356R $173.37 Allied Auto Works Vehicle Service
6357m $128.27 California Water Service Company Water Service �
�
6358R $160.00 Clark Pest Control Pest Control
6359n $4.186.18 Hmt8ankcmnd 81V.00'Troin|ng&Cnn[Exp.
89.98'|nmmnuGarviouo
116300-Fio|dEuip.Supp.&Uniform Exp.
9*.00-Bvvko&Subs.
228.69-OffionSuppUoo
245.23-Louo|Business Meeting
O85.04-P|unning&Bui|ding Permit Fee
808.03'Gpooia|Evont Supplies �
�
6360R $113.61 Forestry Supplies,Inc. Field Supplies
6361R $452.14 Great! Printing Services'Maps
6382R $48.00 Half Moon Bay Review Subscription �
0383R $119.92 MogaPothNo*works Internet ConneoUon-DSLUneFFO
6304R $640.00 Office Team Office Temporary Help-Human Resources Analyst �
8365R $118.21 Petty Cash Conference&Training Expense,Office&Field Supplies,
� Vehicle Mileage Reimbunem*nt.Vo|unueerGupplien.
Out of Town&Local Bus.Meeting Expense
6308R $1.068.50 Santa Clara Count+Oept.o[ Permit'Hazardous Material Storage �
� Environmental Health �
6367n $106.06 SeC Telephone Service �
6368R $1.608.00 Shute,Mihaly&Weinberger LLP Legal Services �
8309R $1.398.00 Timothy C.Best,CEG Consu|tingSomioey-RoadAnsanumenVGommgaTrai| �
6370R $22D�O ��s�Cuma�AggeOaves Inc. Base
� . � �
� Total $79.787.76 �
� *1 Urgent Check Issueu&Um03 �
� °2 Urgent Check Issued 8/2003 �
#w Expenditure m Date Exceeds
� 1OK But Not 25K
Page zofu
Regional Open Space
...._.........w...................�:M ��.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: Board of Directors
From: L. Craig Britton, General Manager
Date: August 22, 2003
Re: FYI's
330 Distel Circle • Los Altos CA 94022-1404 • Phone:650-691-1200
• • ite: www.openspace.org
Fax:650.691.0485 E-mail:mrosd@openspace.org e. Web si
de. oP�P� m'8
P� P� a'8
Regional Open ! ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
To: C. Britton, General Manager
From: M. Williams, Real Property Representative
Date: August 15, 2003
Subject: Presentation Center Property Addition to Bear Creek Redwoods Open Space Preserve
II
Escrow closed for the subject transaction on August 8, 2003 and title to and possession of this 197.95-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 July 9, 2003.
DEDICATION/ACQUISITION CHART INFORMATION
Ownership Status:
Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement, Board Approval
Date/Res.No.
Lease,.Mgmt Agmt.)
Bear Creek Santa Clara County Presentation 148.96 Fee July 9,2003
Redwoods 544-50-003,005,006 Center 48.99 Patrol&Public Trail Res.No. 03-23
Santa Cruz County 197.95 Fee Corridor Easements
091-051-02,03 &District Parking
1.2Easements Access Easement
Mgmt.Status: Dedication
Closing Date (Open,Closed,CMU, Date/Status: Type Purchase Price GIS Code
or Other) (Intended
Withheld)
August 8,2003 Closed Intended Grants& Cash $1,682,500.00
Cash Grants $1,682,500.00
$3,365,000.00
Misc.Notes: 1. District has been awarded a grant for half the purchase price$1,682,500 for this acquisition from
the San Francisco Bay Program for Coastal Conservancy. -
2. District and Presentation Center exchanged the following easements:
a. District conveyed to Presentation Center a non-exclusive Parking Lot Easement
a non-exclusive Patrol a Maintenance and
b. District received from Presentation Centernd
Public Trail Corridor Easements,and District Parking Access Easement
c. A Reciprocal Easement and Use Agreement addresses future shared uses of parking
areas by both parties.
3. Operation/Planning:Removal of house trailer,abandoned vehicles,storage shed and associated
debris located on upper tree farm area.
4. Operations:Install gates at proposed patrol roads at Mellots Road,Bear Creek Road(opposite
Mellots Road),both areas of Christmas tree farm at intersection of Bear Creek and Summit
Roads.
cc: Board of Directors
Administration
Operations
Accounting
Planning
330 Distel Circle o Los Altos,CA 94022-1404 - Phone:650-691-1200
Fax:650-691-0485 + E-mail:mrosd@openspace.org n Web site:www.openspace.org � + 0 E�
Boars!of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C,Nitz General Manager:L.Craig Britton
Regional
ce
Open : b -i
.x
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 14, 2003
Larry Eddington, General Manager
Skyline County Water District
14944 Skyline Blvd.
i
Woodside, CA 940624599
i
RE: Water Service
I
Dear Larry,
It was a pleasure meeting with you at your office and discussing matters of mutual concern. I
certainly have a greater appreciation for the water services provided by the Skyline County
Water District("Skyline District"). From our discussion it was clear that it would be very much
appreciated if the Open Space District would pay its water bills as soon as possible after they are
received. Typically, you bill at or near the first of the month, and as a government agency,we
not only refer these bills to the Skyline Field Office for approval, we also put all claims on the
next Board agenda for payment authorization(the Board regularly meets on the 2"d and 0
Wednesdays of each month). As a result,we tend to pay our bills nearer to the end of the 25-day
grace period, and on one recent occasion our payment was late. You explained the critical nature
of your cash flow, since the Skyline District must first purchase all of its water from the Hetch
Hetchy system, deliver it to its customers, and then bill in arrears.
Therefore, I promised that we will pay our bills on or before the 15th of each month and if there
is no timely Board meeting for prior payment authorization, we will issue an emergency check to
assure prompt satisfaction of our bills.
Thank you for your professional service and engaging discussion.
S i n c elify,
L. Craig Britton __ _.
General Manager
LCB:lz
cc: MROSD Board of Directors
B. Congdon, Senior Accounting Specialist
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
Anne Koletzke
From: Anne Koletzke
Sent: Thursday, August 14, 2003 10:49 AM
To: citta@aol.com'
Subject: Rancho de Guadalupe
Dear Mr. Citta,
Attached please find President Hanko's response to your e-mail concerning the Rancho de Guadalupe area of
Sierra Azul Open Space Preserve. If for any reason you cannot open the attachment,please let me know and I
shall send it to you another way.
Sincerely,
Anne Koletzke
Anne Koletzke
Planning Administrative Assistant
Midpeninsula Regional Open Space District
330 bistel Circle
Los Altos,CA 94022
650-691-1200 ext.513
www.openspace.org
7—J
08-13-03 Citta
Letter--R. de G...
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 13 2003
Mr. James Citta
citta(a)aol.com
Re: Electronic mail message regarding Rancho de Guadalupe Area of Sierra Azul Open Space Preserve
Dear Mr. Citta:
Thank you for your recent e-mail message expressing interest in public access to the Rancho de Guadalupe
Area at Sierra Azul Open Space Preserve. As you may know,the property is currently closed to the public at
this time pending the completion of a master plan for the entire preserve. However, approximately 80% of the
nearly 50,000 acres of open space land owned by the Midpeninsula Regional Open Space District is open to
public access,providing substantial and varied opportunities for outdoor enjoyment.The remaining 20%are
currently an integral part of a regional greenbelt protecting the natural environment for future generations,but
are only temporarily closed to public access.
Over the years, the District Board has learned that opening lands prior to comprehensive planning can lead to
the establishment of undesirable use patterns that may impact the neighbors, wildlife, or water quality. The
master plan will serve as a blueprint to guide the future of Sierra Azul Open Space Preserve over the next
twenty years, describing appropriate protections to avoid undesirable situations. The plan will also address the
further protection of the Preserve's natural and cultural resources in conjunction with a strategy for compatible
public use.
Given the wide range of issues,we anticipate that it will take several years to complete this master plan.
Once the process starts,there will be numerous opportunities for public participation,beginning with a
workshop for neighbors and representatives from other agencies and organizations to begin laying out a
vision for the Preserve. The target date for an initial workshop is early spring 2004.
We value your volunteer efforts, as well as your input,and look forward to your participation throughout
the planning process. In the meantime, should you have any questions about Sierra Azul Open Space
Preserve or the upcoming master plan,please feel free to contact Sandy Sommer, Senior Planner, at(650)
691-1200.
Sincerely,
Nonette Hanko
President, Board of Directors
NH:sgs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org
f
I
Sandra Sommer
Sandra m From: Sa d a Sommer
Sent: Wednesday, July 23, 2003 4:21 PM
To: Cathy Woodbury
Subject: FW: Sierra Azul
Cathy-
Here's another "open RDG"" message. I 'm assuming this can get a similar
response to the other letter, and that you would like me to write it for the
Aug 13 meeting. Please let me know if not. . .
Sandy
-----Original message-----
From: General Information
Sent: Wednesday, July 23, 2003 2:38 PM
To: Sandra Sommer
Cc: Paul McKowan
Subject: Fw: Sierra Azul
Hi Sandy,
Is this something you can respond to?
Kristi
----- Original Message -----
From: <Citta@aol.com>
To: <info@openspace.org>
Sent: Sunday, July 20, 2003 7:10 AM
Subject: Sierra Azul
> To Whom it may concern,
> I am a frequent volunteer to district projects. Yesterday I
participated
> in boundary fence construction at the "newly" acquired Sierra Azul
property
> near the Los Gatos Christian Church. I place "newly" in parenthesis
because
> the area was purchased over five years ago, and this beautiful place is
still
> not open to the public!
> It's wonderful that we have an organization that purchases valuable
> properties, and I appreciate the sometimes lengthy Procedures involved;
like
> impact reports, inventories of plants and animals, etc. But, after 5
years, what
> more needs to be done? All of us are paying for these purchases, and we
should
> benefit from them within a reasonable amount of time.
1
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{
> What is the timeline for this property? Are there plans to open it in
> the near future? If not, what is the holdup?
> Thanks for your time.
> James Citta
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Anne Koletzke
From: azevedogg@netscape.net
Sent: Thursday, August 14, 2003 1:09 PM
To: Anne Koletzke
Subject: Thanks: Rancho de Guadalupe
Anne -
Thanks for your response and I am still hopeful the plans can
move ahead as soon as the earliest estimates now state. My best
to the MROSD Staff and Board.
- Greg
"Anne Koletzke" <akoletzke@openspace.org> wrote:
>Dear Mr. Azevedo,
>
>Attached please find President Hanko's response to your e-mail
>concerning the Rancho de Guadalupe area of Sierra Azul Open Space
>Preserve. If for any reason you cannot open the attachment, please let
>me know and I shall send it to you another way.
>Sincerely,
>Anne Koletzke
>Anne Koletzke
>Planning Administrative Assistant
>Midpeninsula Regional Open Space District
>330 Distel Circle
>Los Altos, CA 94022
>650-691-1200 ext. 513
>www.openspace.org
> <<08-13-03 Azevedo Letter--R. de Guadalupe.doc>>
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I
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Anne Koletzke
From: Anne Koletzke
Sent: Thursday,August 14, 2003 10:47 AM
To: 'azevedogg@netscape.net'
Subject: Rancho de Guadalupe
Dear Mr. Azevedo,
Attached please find President Hanko's response to your e-mail concerning the Rancho de Guadalupe area of
Sierra Azul Open Space Preserve. If for any reason you cannot open the attachment,please let me know and I.
shall send it to you another way.
Sincerely,
Anne Koletzke
Anne Koletzke
Planning Administrative Assistant
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,CA 94022
650-691-1200 ext.513
www.openspace.org
I�
08-13-03 Azevedo
Letter--R. de...
1
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 13, 2003
Mr. Greg Azevedo
azevedogs;_gnetscape.net
Re: Electronic mail message regarding Rancho de Guadalupe Area of Sierra Azul Open Space Preserve
Dear Mr. Azevedo:
Thank you for your recent e-mail message expressing interest in public access to the Rancho de Guadalupe
Area at Sierra Azul Open Space Preserve. As you may know,the property is currently closed to the public at
this time pending the completion of a master plan for the entire preserve. However, approximately 80%of the
nearly 50,000 acres of open space land owned by the Midpeninsula Regional Open Space District is open to
public access,providing substantial and varied opportunities for outdoor enjoyment. The remaining 20% are
currently an integral part of a regional greenbelt protecting the natural environment for future generations,but
are only temporarily closed to public access.
Over the years, the District Board has learned that opening lands prior to comprehensive planning can lead to
the establishment of undesirable use patterns that may impact the neighbors, wildlife,or water quality. The
master plan will serve as a blueprint to guide the future of Sierra Azul Open Space Preserve over the next
twenty years, describing appropriate protections to avoid undesirable situations. Your suggestions regarding
a less strenuous recreational experience and the implementation of a permit access system will all be
specifically addressed in the master plan. The plan will also address the further protection of the Preserve's
natural and cultural resources in conjunction with a strategy for compatible public use.
Given the wide range of issues,we anticipate that it will take several years to complete this master plan.
Once the process starts, there will be numerous opportunities for public participation,beginning with a
workshop for neighbors and representatives from other agencies and organizations to begin laying out a
vision for the Preserve. The target date for an initial workshop is early spring 2004.
We value your volunteer efforts, as well as your input,and look forward to your participation throughout
the planning process. In the meantime, should you have any questions about Sierra Azul Open Space
Preserve or the upcoming master plan,please feel free to contact Sandy Sommer, Senior Planner, at(650)
691-1200.
Sincerely,
Nonette Hanko
President, Board of Directors
NH:sgs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org
Lisa Zadek
From: Lisa Zadek
Sent: Tuesday, July 22, 2003 10:57 AM
To: Lisa Z
Subject: FW: MROSD Board of Directors
----- Original Message -----
From: <azevedogg@netscape.net>
To: <kwebb@openspace.org>
Sent: Saturday, July 19, 2003 4:21 PM
Subject: To, MROSD Board of Directors
> I'
> Date: Saturday, July 19, 2003
> To: MROSD Board of Directors
> From: Greg G. Azevedo
>***Please forward onto the above mentioned people***
> As a long time MROSD Docent and longer time advocate of open
> space especially the Sierra Azul areas I wanted to make a few
> comments related to my positive experiences as a MROSD Volunteer
> Saturday, 07/19/2003 RUG Fence Construction.
> First off, the MROSD staff did a good job of preparing the
> work site and letting us know we'd do what we could to complete
> the task. The weather was a bit warmer than is usual and no doubt
> impacted our work ethic. The group provided some ideas which might
> be a help for follow-up projects. We completed most of the core
> task.
>
I hope to try another sometime and will be personally better prepared
> for a similar work effort.
>I hope to encourage you to direct staff and resources to this area
> and in particular this specific property. No doubt there are many
> reasons to side step and analyze further the possible impacts and
> concerns. My view is more simple. For such a large area of public
> lands there is a fairly small portion of areas which are more
> accessible and suitable for lesser strenous enjoyment and recreation.
> The other projects in this area will be a great help in conjunction
with other agencies. Enforcement resources have been and will usually
> be in shorter supply than some of the demand and larger area needs.
> More use will remove some of the misuse, but create other problems
>I know you can and will expect. I just believe that more use will
> remove the cloak and make these special places a benefit to us all and
> the misuse will hopefully be smaller and proper use and appreciation
> many times greater.
> Having done for 18 years a Memorial Day Hike on the Waterwheel Creek
> Trail (MB-OSP) using a permit and gated parking area I am certain
> a similar set-up would work fine for the Rancho de Guadalupe area.
>I know that staff cannot spearhead such a proposal at this time, nor
> my request to do something like this on a semi-regular basis be
> honored, but I am ready and bet many others in the MRSOD Docent
> program might ro mi ht also be.
> Please encourage the use of this area ASAP. You have more to gain
> than to lose.
> Respectfully,
> Greg G. Azevedo
>
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2
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: Board of Directors
i
From: L. Craig Britton, General Manager
i
Date: August 27 2003
Re: FYI s
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Faic 650.691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org
INTEROFFICE MEMORANDUM
August 21, 2003
TO: L. Craig Britton, General Manger
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month July Year 2003
VIOLATIONS CITES TOTALS CRIMES CITES TOTALS
Bicycles Poss marijuana<I oz I I
Closed area 0 0 False info to PO I I
Speed 5 13 Breaking & entering I
Helmet 5 15 Dumping dead animal I
Night-riding 3 8
Dogs ACCIDENTS/INCIDENTS
Prohibited area 4 5 Bicycle accident 4
Off-leash 10 19 Equestrian accident I
Off-road vehicles 0 1 Hiking/running accident 2
Closed area- vehicle 1 2 Other first aid 0
After hours 20 36 Search & Rescue 0
Fishing 0 0 Vehicle accident 2
Vandalism 0 5 LZ air evacuation 0
Parking 12 15 Fire I
Parking after hours 20 50
Dumping/littering 0 0 ENFORCEMENT
Fireworks 0 2 Parking citations 32
Camping 0 0 Other citations 54
Weapons Written warnings 99
Actual contact 0 8 Arrests 0
Report only 0 1 Police assistance 4
Evidence of 0 2
Collecting animals 0 1 MUTUAL AID
Firewood gathering 0 1 Accident I
Exhibition of speed I I Law enforcement I
Smoking 3 3 Landing zone off-site 0
Alcohol prohibited 0 4 Search &Rescue 0
Unlawful construction 0 1 Fire 0
(creek dammed)
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
I Vandalism of the Smith barn at Russian Ridge was discovered. A window was broken and entry
was made. Historical agricultural implements are stored in the barn, but it appears that no items
were taken. The broken window was boarded over. J. Lloyd.
2 B. Guzman and K. Miller responded to an injured equestrian at Fremont Older at approximately
6:00 PM. The horse was startled by a bicyclist, the rider lost his balance and fell off, injuring his
knee. The equestrian stated that the bike rider was very helpful, assisting after the accident, and
II
that it was unusual for his horse to be startled by a bicyclist. K. Miller transported the equestrian
to Garrod's stables, where he was picked up by his parents.
At approximately 8:00 PM K. Miller and B. Guzman saw a vehicle strike a pedestrian and a
Pp Y
horse in the driveway of a house on Mt. Eden Road. The horse belonged to the rider who was
injured earlier at Fremont Older. The horse was taken back to its stable and examined by a
veterinarian, who said the horse was unhurt. The pedestrian was checked by AMR paramedics
and released.
4 A driver was cited for exhibition of speed in the Russian Ridge parking lot. B. Downing.
6 A small wildland fire, 15' by 15'was extinguished by neighbors and San Jose Fire Department in
Sierra Azul. B. Malone and B. Guzman responded. Two other fires had been extinguished in the
same area in the past 24 hours. Three Santa Clara County Sheriff's Department units responded,
as well as one California Dept. of Forestry engine.
11 B. Malone stopped five juveniles and one adult for after-hours and discharge of fireworks
violations in Rancho San Antonio. B. Malone located a fireworks launching tube. He issued
citations for"after hours"violations and warned the visitors on the fireworks violations. Five
other adults and one juvenile were found in the area and issued citation for after-hours activities.
M. Newburn assisted.
12 The ranger resident at Monte Bello heard firearms being discharged about 1.2:23 am.. Santa Clara
and San Mateo sheriffs responded to the area. No suspects were located.
13 A '/2-acre wildland fire was extinguished by the California Department of Forestry in Sierra Azu1.
A. Corriea and K. Carlson participated in the mop-up and completed a report. A CDF helicopter
first spotted the fire. Two CDF engines, one San Jose Fire engine, and an arson investigator
worked the fire.
14 Staff responded to a strong odor of decay coming from a garbage bag at Purisima. They
discovered the remains of an unknown animal. San Mateo deputies and a Peninsula Humane
Society officer also responded. The PHS officer took the remains for identification. Due to
decomposition, few details could be determined. The unknown animal proved to be a sheep of
unknown age, with no head or limbs. They deduced that someone with experience in butchering
had neatly cut the head and limbs. Foul play was suspected A. Correia, L. Lloyd, C. Beckman.
16 F. Reneau and B. Guzman responded to a solo vehicle accident on Monte Bello Road. They
w embankment at Picchetti Ranch. Santa Clara Count Fire
found the vehicle 75 feet down an e b ou d y ,
Sheriff's Dept., and CHP responded. The driver was transported by ambulance to receive
treatment for minor injuries and a tow truck removed the car.
17 A thirteen-year-old boy,participating in a summer cam outingto Saratoga Gap, sustained a
Y Yp P g p g p
possible concussion as a result of a mountain bicycle accident. Witnesses stated he was a novice
rider and was going"pretty fast." The patient was extricated via wheeled litter and transported by
ground ambulance to Valley Medical Center.
(
17 B. Guzman and B. Malone stopped a vehicle in an unauthorized area of Sierra Azul. A consent
search was obtained. A water pipe and a baggy of marijuana were found. The driver was cited
for `Vehicle Prohibited,' and warned for an expired driver's license and expired registration. The
passenger was cited for possession of marijuana less than one ounce. Because the visitors were
possibly under the influence, a Santa Clara County Sheriff's Deputy was requested. Two units
arrived and transported both visitors.
18 K. Miller heard ten shots fired in Sierra Azul. He requested a Santa Clara County Deputy to
respond. He heard additional shots while waiting for the deputy. The visitor exited a closed area
p g
of the reserve and drove away before the deputy arrived approximately one hour after the
p Y p Y � Pp Y
request. B. Malone, B. Guzman, and K. Miller checked the area and found 23 .22 shell casings.
22 Six juvenile males and two adult males were issued written warnings for possession of soft-pellet
air guns at Skyline Ridge. Three long guns and six pistols were confiscated and then returned to
the individuals. J. Lloyd, L. Paterson, J. Maciel, C. Beckman.
30 A report was received of five visitors with firearms in Sierra Azul. K. Carlson determined that it
was actually on Santa Clara County Park land and advised the county. A County ranger and a
deputy responded to the area and made contact with the group that had paintball weapons.
B. Downing also responded to the area.
July Vandalism
6 A door was vandalized by breaking it in to gain access to buildings at Bear Creek.
6 Graffiti was written on the signboard at Windy Hill.
18 The top plank was broken off a memorial bench at Windy hill and the support arms were
damaged.
21 Graffiti was written on a handicap sign at Thomewood parking lot.
26 Two signs were tagged with felt pen ink at Sierra Azul.
Regional Open *ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 26, 2003
Chair Paul Dubois
Planning Commission, Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030-6904
Re: Hillside Development Standards and Guidelines
Dear Chair Dubois and Planning Commissioners;
On behalf of the Midpeninsula Regional Open Space District,thank you for the
opportunity to review the August 2003 Public Review Draft of the Hillside Development
Standards and Guidelines. We wholeheartedly support the goal of ensuring that hillside
development is in harmony with the rural character and natural environment of the Los
Gatos foothills. The proposed draft strikes a fair balance between the many competing
factors involved in hillside development.
In particular, we support the inclusion of the option for establishing additional viewing
platform locations on a case-by-case basis (Chapter II, Item B.1.5). In certain instances,
development might be well hidden from the established viewing platform points on the
valley floor,but prominent from trails in the surrounding public open space above. This
provision will ensure that the view analysis takes this important viewshed into
consideration.
Again, we commend Town staff, committees, and commissioners for a job well done.
Sincerely,
Cathy rW dbury, ASLA/ P
Planni g Manager
cc: MROSD Board of Directors
330 Distel Circle • Los Altos, CA 94022-1404 Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz • Genera/Manager:L.Craig Britton
Regional Open Salce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 26, 2003
Carrie M. Austin, P.E.
Project Manager, GRW Hg TMDL
California Regional Water Quality Control Board
San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, California 94612
Dear Ms. Austin:
Thank you for your letter of April 24, 2003 inviting the District to participate in the
Guadalupe River Watershed Mercury Total Maximum Daily Load Project(GRW Hg TMDL).
As you know, we have been regularly attending meetings of the Work Group and have recently
coordinated access to District lands for TetraTech, consultants to the Project, for the Synoptic
Survey phase.
As one of the largest landowners in the Guadalupe watershed, and as a public agency
committed to the restoration and enhancement of open space habitat, we take special interest in
the GRW Hg TMDL. The removal or isolation of mercury toxins is of great importance to the
District and we intend to take every measure necessary to protect the health of our constituents,
including fish, birds and other natural communities.
You have requested that we be active participants in the GRW Hg TMDL by providing
staff and monetary commitments. As a public agency, we are unable to shoulder a financial
burden greatly disproportionate to the scope of mining activities which may have occurred on or
near our property. As I outlined to you, our research indicates that the vast majority of District
holdings within the Guadalupe watershed were used as"wood lots" (a source of timber for mine
shaft support and fire wood for the kilns) and for water to supply the mining operations.
However, we are willing to commit a staff person, or a District consultant, to the process of
reviewing and commenting on technical matters. As a significant"stakeholder"by virtue of our
large land holdings in the watershed, we plan on active involvement in that forum as well.
As we discussed on the telephone this last August 19th, the District is aware of certain
areas in the District's Rancho de Guadalupe portion of the Sierra Azul Open Space Preserve
which will require further characterization and delineation before it is clear whether they present
a Hg TMDL related issue. You confirmed that any applicable remediation done by the District
would be credited toward any obligations that we may have under the GRW Hg TMDL. We
propose to immediately begin the process of selecting a consultant for the initial step of
characterization and delineation. This would include close coordination with the Work Group,
TetraTech and your office. Once these determinations have been made, the District would
330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200
Fax:650-691-0485 * E-mail:mrosd@openspace.org * Web site:www.openspace.org [ ®FM
'
Board of directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton
Carrie M.Austin
8/26/03
propose to the Regional Board a comprehensive action plan to properly address the presence of
available mercury, if any, on the Preserve.
Thank you for your patience and understanding in involving the District in the GRW Hg
TMDL. We look forward to appropriately resolving any issues arising from historic mercury
mining that occurred in this vicinity. If this approach is acceptable to the Regional Board
written confirmation of such would be greatly appreciated. Please feel free to contact me if you
wish to discuss these matters more fully.
Sincerely,
L. Craig Bri on
General Manager
I
LCB:dms
cc: MROSD Board of Directors
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Regional Oen c
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 14, 2003
Larry Eddington, General Manager
Skyline County Water District
14944 Skyline Blvd.
Woodside, CA 940624599
RE: Water Service
Dear Larry,
It was a pleasure meeting with you at your office and discussing matters of mutual concern. I
certainly have a greater appreciation for the water services provided by the Skyline County
Water District("Skyline District"). From our discussion it was clear that it would be very much
appreciated if the Open Space District would pay its water bills as soon as possible after they are
received. Typically, you bill at or near the first of the month, and as a government agency, we
not only refer these bills to the Skyline Field Office for approval, we also put all claims on the
next Board agenda for payment authorization(the Board regularly meets on the 2"d and 4 h
Wednesdays of each month). As a result,we tend to pay our bills nearer to the end of the 25-day
grace period, and on one recent occasion our payment was late. You explained the critical nature
of your cash flow, since the Skyline District must first purchase all of its water from the Hetch
Hetchy system, deliver it to its customers, and then bill in arrears.
Therefore, I promised that we will pay our bills on or before the 150'of each month and if there
is no timely Board meeting for prior payment authorization, we will issue an emergency check to
assure prompt satisfaction of our bills.
Thank you for your professional service and engaging discussion.
Since ly,
L. Craig Britton
General Manager
LCB:lz
cc: MROSD Board of Directors
B. Congdon, Senior Accounting Specialist
330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650-691-1200
Fax: 650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz - General Manager:L.Craig Britton
Regional Open F -ic
August 25, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
Derry Kabcenell
567 Cresta Vista Lane
Portola Valley, CA 94028-7726
RE: Use of Power Equipment for Brush Clearing
g
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Dear Deny,
i
On June 29,2003,you faxed a request for permission to use a powered rotary brush cutter with a metal
blade to control non-native invasive plants,namely Italian thistle,within your driveway easement. This
letter serves as written approval of this request subject to the following conditions:
I
1. Provide proof of liability insurance such as Homeowner's Liability Insurance and name
Midpeninsula Regional Open Space District as additional insured. Hired personnel should also
provide proof of insurance.
2. Use of a powered rotary brush cutter will be allowed during the spring and summer, which is
considered the optimal time for conducting thistle control
3. The designated equipment operator of the powered brush cutter shall wear appropriate safety
equipment including eye and ear protection and safe work boots.
4. Notify the District prior to using powered brush cutting equipment on District land by contacting
Ana Ruiz,Open Space Planner, via fax,phone,or email. The notice will allow the District to
answer questions that arise from trail users questioning the activities.
5. Cuttings shall be left onsite if seed heads are not ripe,or removed and disposed offsite if ripe
seeds are present.
6. Always carry a fire extinguisher as a precaution in the event of a fire.
7. Limit all work during the hours of sunrise to half an hour after sunset.
8. Limit all work to within the legal road easement boundaries as described and displayed on the
attached Easement Deed.
9. We would appreciate it if you can complete the work during the weekdays rather than on busy
weekends.
i
Again, if you choose to use the powered brush cutting equipment,please send proof of liability insurance
prior to initiating the work. In keeping with our due diligence,please note that the District's permission
is revocable at any time if it appears that these activities are causing any adverse impacts to District lands.
The District appreciates your willingness to meet these conditions and values your efforts to preserve the
natural oak grassland environment by controlling the spread of exotic invasives. If you have any
questions,please feel free to contact Ana Ruiz at(650)691-1200.
Sincerely,
L. Craig Britton
General Manager
Enclosure
LCB:ar
cc: MROS ?Board of Directors
Cindy Roessler,Resource Management Specialist
David Sanguinetti,Skyline Area Superintendent
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
Jun-29-03 09: 161P P.01
557 Craft Vk t Lane
Petal.Valley,CA 94025-M46
t +n 70(vake) Charlene and Derry Kabcenell
{�66+Fdt?D{PAXy
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Too Ms.AnaRun,MROSO Poem
Derry N
Foe (8W)M-M5 ratans= cover only
Pbmw (850)691.1200 Dal+rtr Jute 24,20M
11W Power eti OYW t for brush+dearing CCs
® 13 AW#awlaw ®PlIeaa CetwomM IO lltr we 1111e0y n rut inucysle
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Ana,
As you know,I'm on a campaign to control invasive ran-native plants on the Windy Hill OSP akNV the
new driveway,in accordance with the cmilitions knposed by the Delft during construction.To have a
hope of keeping the weeds in check,Ne decided to attempt to remove them from severW well.
eatabliatied stands in areas aura to the driveway.These dense stands have been Assent for a
number of years,and are mostly in areas when fawn trees or limbs have caused soil disturbance.
I met wth Cindy Roessler at a*site to d==control of these plus,printarilY Itakin thistle and mak
#Me.She suppesled sevv*tecfu*ques for removal of the weeds.We agreed that for now we will use
only physical MINNS!techniques.Howenrar.she suggests that we could remove the plants more
effectively using a powered rotary brash cutter with a metal blade.To data we have used only harm
tools.
Acco fir>gly,h'm mq permission to use a powered rotary i»h cutterwithh a n*W blade for
control of non-native'Mveslve plank in tress wAere they are dense.
'Ellis is not a particularly urgent reqjest.The nand Ap i m t mmaval effort will take place In the spring.
Pies"contact me or Cindy 9 you have any questions.
Thar",