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Home My Public Portal About20140108 - Agenda Packet - Board of Directors (BOD) - 14-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos, CA 94022 Wednesday, January 8, 2014 SPECIAL MEETING BEGINS AT 5:30 P.M. REGULAR MEETING BEGINS AT 7:00 P.M. A G E N D A 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Government Code Section 54957(b)(1) Title of Employee: General Manager 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT OUT OF CLOSED SESSION ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY Screening of District Video – “The Art of the Trail” CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings December 11, 2013 2. Approve Revised Claims Report 3. Authorization to Amend a Contract with David J. Powers Associates for an Amount Not-To-Exceed $103,285 to Provide Additional Environmental Review Consulting Services for the Proposed Ridge Vineyards Exchange Project (R-14-03) – S. Sommer 4. Authorization to Amend a Contract with Northgate Environmental Management Inc., for Additional Soils Sampling, Abatement Monitoring, and Laboratory Analyses for the Mount Umunhum Demolition Project Meeting 14-01 at Sierra Azul Open Space Preserve (R-14-14) – G. Coony 5. Strategic Plan Goals and Objectives Revisions for Fiscal Year 2014-15 (R-14-13) – K. Woodhouse 6. Proposed Names for the New Mount Umunhum Parking Area and Trail (R-14-12) – M. Manning BOARD BUSINESS 7. Election of the Board of Directors Officers for Calendar Year 2014 (R-14-04) – J. Woodworth 8. Appointment of Action Plan and Budget Committee Members for Calendar Year 2014 (R-14-05) – J. Woodworth 9. Partnership Guidelines for the Mount Umunhum Radar Tower (R-14-11) – M. Manning 10. First reading of amendments to the “Regulations for Use of Midpeninsula Regional Open Space District Lands” (R-14-06) – G. Baillie INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT TO ADDRESS THE BOARD: The President 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. Consent Calendar: 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. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s Administrative Office located at 330 Distel Circle, Los Altos, California 94022. CERTIFICATION OF POSTING OF AGENDA I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on January 3, 2014, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda is also available on the District’s web site at http://www.openspace.org. Signed this 3rd day of January, 2014, at Los Altos, California. December 11, 2013 Board Meeting 13-34 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 December 11, 2013 DRAFT MINUTES CLOSED SESSION I. CALL TO ORDER President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 5:01 p.m. II. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson III. CONFERENCE WITH LEGAL COUNSEL – Existing Litigation (Government Code Section 54956.9(d)(1)) Midpeninsula Regional Open Space District v. County of Santa Clara, et al. (Lehigh Quarry CEQA Matter) Santa Clara County Superior Court Case No. 1-12-CV-236881 IV. ADJOURNMENT President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 5:57 p.m. Meeting 13-34 Page 2 SPECIAL MEETING I. CALL TO ORDER President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 6:00 p.m. President Cyr noted that there were no actions taken to report out of closed session. II. ROLL CALL Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: Nonette Hanko Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, General Counsel Sheryl Schaffner, Assistant General Counsel Hilary Stevenson, Operations Manager David Sanguinetti, Management Analyst II David Topley, Acting Operations Manager Brian Malone, Senior Management Analyst Gordon Baillie, Natural Resources Manager Kirk Lenington, Real Property Manager Mike Williams, Real Property Specialist Allen Ishibashi, Real Property Specialist Elaina Cuzick, Administrative Services Manager Kate Drayson, Senior Management Analyst Lynn Tottori, Accountant Andrew Taylor, Public Affairs Manager Shelly Lewis, Co- Acting Planning Manager Tina Hugg, Co-Acting Planning Manager Meredith Manning, Administrative Assistant Jeannie Buscaglia, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS No speakers present. IV. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Siemens seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Hanko absent) V. SPECIAL ORDER OF THE DAY President Cyr presented Operations Manager David Sanguinetti a proclamation in honor of his retirement. Members of the Board shared their personal thoughts and appreciation of Mr. Sanguinetti and his service to the District. Meeting 13-34 Page 3 President Cyr presented Operations Manager David Topley a proclamation in honor of his retirement. Members of the Board shared their personal thoughts and appreciation of Mr. Topley and his service to the District. VI. CONSENT CALENDAR Agenda Item #1 – Approve Minutes of the November 8, 2013, November 13, 2013, and November 20, 2013 Special and Regular Board Meetings Agenda Item #2 – Approve the Revised Claims Report Agenda Item #3 – Authorization to Amend a Reimbursement Agreement with Ridge Vineyards, Inc., and Authorization to Amend a Retainer Agreement for Legal Services with Shute, Mihaly and Weinberger, LLP (R-13-118) Agenda Item #4 – Change in Credit Card Service Provider (R-13-109) Motion: Director Riffle moved, and Director Harris seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Hanko absent) VII. BOARD BUSINESS Agenda Item #5a – Fiscal Year 2013-14 Midyear Controller’s Report and General Manager’s State of the District Report for April thru September 2013 (R-13-110) Agenda Item #5b – Fiscal Year 2013-14 Midyear Controller’s Report (R-13-111) Agenda Item #5c – Acceptance of the Fiscal Year 2013-14 Midyear State of the District Report and Approval of the Recommended Action Plan and Budget Adjustments (R-13- 107) Administrative Services Manager Kate Drayson provided an overview of the three items. Director Siemens, member of the Action Plan and Budget Committee, stated that the Committee agreed with the General Manager’s recommendation. Controller Mike Foster provided an overview of the Controller’s report summarizing the current state of the District’s finances and budget. Ms. Drayson presented the staff report providing a review of changes to the FY2013-14 Action Plan including new projects, completed projects, projects delayed to the FY2014-15, and deferred projects. Ms. Drayson also reported on budget modifications of more than $100,000. Senior Management Analyst Lynn Tottori provided the staff presentation on the State of the District, including midyear expenditures for various budget categories, proposed midyear changes to the budget, and the current status of the Hawthorns fund. Public hearing opened at 6:48 p.m. Meeting 13-34 Page 4 No speakers were present. Public hearing closed at 6:48 p.m. Director Hassett inquired if the new streamlined process for the Midyear report achieved the goal of saving staff time. Ms. Drayson reported that the new Midyear process did save staff time, and it is anticipated that in future years the savings will increase as staff becomes more familiar with the new process. Director Riffle inquired if the new process met the needs of the other Directors. The members of the Board agreed that the more concise process and midyear report are an improvement of the previous midyear process. Motion: Director Kishimoto moved, and Director Siemens seconded the motion to (1) receive the Controller’s Fiscal Year (FY) 2013-14 Midyear Financial Review for the six month period of April 1, 2013 thru September 30, 2013 (R-13-111); (2) receive the General Manager’s FY2013- 14 Midyear State of the District Report and approve the recommended net-zero budget adjustments (R-13-107); (3) review and accept the attached Fiscal Year (FY) 2013-14 Midyear Controller’s Report; and (4) accept the General Manager’s Fiscal Year (FY) 2013-14 Midyear State of the District Report and approve the recommended Action Plan and Budget adjustments VOTE: 6-0-0 (Director Hanko absent) Agenda Item #6 – Fiscal Year 2013-14 Action Plan Revisions (R-13-114) Assistant General Manager Ana Ruiz presented the staff report stating that the proposed revisions to the FY2013-14 Action Plan are the result of the Board’s direction to staff to prepare for a potential funding measure in June 2014. Ms. Ruiz summarized the list of Action Plan projects that will continue as planned based on their being of a high priority due to deadlines, legal requirements, etc., the projects which will be slowed have a reduced scope, or will require an increased use of consultants, and the projects proposed for deferral. Board members asked questions about specific projects proposed for slowdown or deferral. Staff members provided updates on several projects including the Silva house, El Corte de Madera staging area, and roadside signage. Public hearing opened at 7:07 p.m. Walter Moore, President of Peninsula Open Space Trust, thanked the Board for their efforts. Public hearing closed at 7:08 p.m. Motion: Director Riffle moved, and Director Siemens seconded the motion to approve recommended revisions to the Fiscal Year 2013-14 Action Plan to shift additional staff capacity to the Capital Finance Project. VOTE: 6-0-0 (Director Hanko absent) Meeting 13-34 Page 5 Agenda Item #7 – Approval of a Lease and Management Agreement with Peninsula Open Space Trust for the Apple Orchard and Event Center Properties as additions to La Honda Creek Open Space Preserve, located at 6635 La Honda Road, 5711 La Honda Road, and 5460 La Honda Road in the Town of La Honda in unincorporated San Mateo County (San Mateo County Assessor’s Parcel Numbers 082-130-130, 082-140-010, 082-150-030, 082-150- 040, 083-361-040 and 083-361-100), and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (R-13-106) Director Riffle recused himself and left the room at 7:10 p.m. Real Property Manager Mike Williams provided the staff report giving a summary of the project including purchase by the Peninsula Open Space Trust (POST), protection of the San Gregorio Creek riparian corridor and protected species, and descriptions of the apple orchard and event center properties. Mr. Williams summarized the provisions of the proposed Lease and Management Agreement, the recommended use requirements for the Driscoll Event Center, Event Center partnership and funding opportunities, and use and management considerations. Director Harris suggested that the seasonal residence at the apple orchard could be used by hikers, similar to the “Sierra Club Hiker’s Hut” at the Sam McDonald County Park in San Mateo County. Director Siemens suggested that the “Rodeo Cost” language under Legal/Administrative Requirements section of Table 1 in the report be amended to state “Commensurate with use” deleting the language “not to exceed $1,000 per day.” Public hearing opened at 7:46 p.m. Faye Brophy, a member of Equestrian Trail Riders’ Action Committee, thanked the Board for their decision to open the area to equestrian use. Ms. Brophy inquired whether a permit can be issued for helicopter landing on the property in search and rescue situations. Public hearing closed at 7:50 p.m. Director Harris expressed her concerns regarding camping on District land and recreational use, specifically related to team roping. Director Cyr expressed his desire that the District remain cost-neutral regarding uses of the Event Center and his concerns regarding the proposed uses. Mr. Williams explained that a majority of the camping facilities to be used by users will be the same vehicles used to transport their horses. Real Property Specialist Elaina Cuzick explained that in addition to its recreational nature, team roping is also a skill learned and used by grazers. Ms. Brophy commented that team roping skills must be continually reinforced in horses to provide for effective use. Meeting 13-34 Page 6 Motion: Director Hassett moved, and Director Siemens seconded the motion to determine that the recommended actions are categorically exempt from the California Environmental Quality Act. VOTE: 5-0-0 (Director Hanko absent and Director Riffle recused) Motion: Director Hassett moved, and Director Siemens seconded the motion to: (1) Adopt the Preliminary Use and Management Plan for the Apple Orchard and Event Center Properties, including the Special Use Requirements, as set out in the staff report; (2) Allow the following uses to continue at the Event Center: a) Livestock staging and processing to support conservation grazing at the Preserve (via the grazing lease) b) Staging for organized/group rides and access to the tunnel and Preserve roads and trails (via District use permit) c) Agricultural and environmental education events (via District use permit) d) Equine/Livestock Clinics and Trainings (via Facility Use Agreement) e) Team Roping (via Facility Use Agreement) f) LGBT Rodeo for a period of up to two years (via Facility Use Agreement) (3) Authorize the General Manager to: a) Sign a Lease and Management Agreement for the Apple Orchard and Event Center Properties with Peninsula Open Space Trust consistent with the terms and conditions as set out in the staff report b) Work with the new grazing tenant to formalize the tenant’s responsibility for routine maintenance and repair of some of the Event Center grounds and infrastructure through grazing lease c) Develop a Facilities Use Agreement and work with equestrian user groups to formalize their role in the maintenance of the equestrian facilities, to supplement the repair and maintenance work that the grazing tenant would assume. d) Work with the Peninsula Open Space Trust to complete land management projects at the Event Center and Apple Orchard properties using available Resource Legacy grant funds. e) Approve special use requirements and a Facility Use Agreement for the interim use of the Event Center (up to 2 years) by the LGBT rodeo. Director Harris inquired if changes may be made to the Preliminary Use and Management Agreement in subsequent years depending upon the District’s experience in the intervening years. General Manager Abbors stated that changes may be made if it is determined that the approved uses are not adequately protecting the San Gregorio Creek and watershed. VOTE: 5-0-0 (Director Hanko absent and Director Riffle recused) Director Riffle returned to the dais at 8:14 p.m. The meeting recessed at 8:14 p.m. The meeting reconvened at 8:22 p.m. with Directors Cyr, Harris, Hassett, Kishimoto, Riffle, and Siemens present. Meeting 13-34 Page 7 Agenda Item #8 – Approval of an Agreement to Exchange Real Property Interests with Santa Clara County (County) Roads & Airports concerning County property located on State Highway 9 and surrounded by Saratoga Gap Open Space Preserve (Santa Clara County Assessor’s Parcel Number: 503-37-004) and Midpeninsula Regional Open Space District (District) property located along Stevens Canyon Road at Saratoga Gap and Monte Bello Open Space Preserves (Portions of Santa Clara County Assessor’s Parcel Numbers: 351-26-002, -003, 351-16-023 and 351-16-014). (R-13-119) Real Property Specialist Allen Ishibashi provided the staff report summarizing the project and proposed property exchange for the previously constructed bridges and two bridges proposed for construction and also describing the design of the two new bridges. Public hearing opened at 8:32 p.m. No speakers were present. Public hearing closed at 8:32 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to authorize the General Manager to issue three Right of Entry agreements for construction and mitigation activities related to Santa Clara County’s Stevens Canyon Bridge Replacement Project, subject to any conditions deemed appropriate by the General Manager to obtain a final resolution of the proposed property exchange agreement. VOTE: 6-0-0 (Director Hanko absent) Agenda Item #9 – Approval to Conform Employer Paid Member Contribution Resolution for the California Public Employees Retirement System (R-13-120) Assistant General Manager Kevin Woodhouse provided the staff report explaining that the proposed resolution is formatting of the resolution to conform to CalPERS requirements. Public hearing opened at 8:35 p.m. No speakers were present. Public hearing closed at 8:35 p.m. Motion: Director Siemens moved, and Director Riffle seconded the motion to adopt the attached revised resolution approving the Employer Paid Member Contributions to CalPERS. VOTE: 6-0-0 (Director Hanko absent) VIII. COMMITTEE REPORTS Director Harris reported on a meeting of the Legislative, Funding and Public Affairs Committee stating that the Committee reviewed and forwarded the proposed names for the Mt. Umunhum trail and parking area. Meeting 13-34 Page 8 IX. STAFF REPORTS Assistant General Manager Kevin Woodhouse stated that Area Superintendents Brian Malone and Michael Newburn will be serving Acting Operations Managers while recruitment for the position is ongoing. Also internal recruitment for the Management Analyst II position has occurred and an announcement regarding the person filling in the acting role will be announced before the end of the week. General Manager Steve Abbors reported he met with State Senators Jim Bealle and Jerry Hill, San Mateo County Supervisor Don Horsley. The Assistant General Managers provided a presentation on the Vision Plan to the San Mateo City and County Managers Association. Mr. Abbors reported that the Capital Funding Measure working group met to discuss the Vision Plan and discussed with the chairs of the Community Advisory Committee the expenditure plan for a potential funding measure for an upcoming election. Mr. Abbors also provided to the Board an information sheet regarding a potential bond measure. X. DIRECTOR REPORTS Directors Siemens, Hassett, and Cyr reported that they attended the South Skyline Association Holiday Party. Director Riffle reported his attendance at a seminar presented by the Savory Institute entitled Restoring Working Landscapes, Producing Sustainable Meat and stated that they are promoting cattle grazing as a method of land management. The Board submitted their compensatory forms to the District Clerk. XI. ADJOURNMENT President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:04 p.m. ________________________________ Jennifer Woodworth District Clerk Claims No. 14-01 Meeting 14-04 Date 1/8/14 Midpeninsula Regional Open Space District Amount Name Description 21577 $311,714.00 *1 American Wrecking 21578 $133,982.30 Randazzo Enterprises 21579 $132,907.85 American Wrecking 21580 $101,988.13 Gradetech 21581 $40,395.32 Mission Valley Ford Truck Sales 21582 $31,318.00 *2 Confluence Restoration 21583 $27,870.00 *3 Driscoll Ranches 21584 $11,020.00 # Paul Bauman's Tree Service 21585 $10,800.00 The Creative Group 21586 $7,025.00 Design Concepts 21587 21588 21589 21590 21591 21592 21593 21594 21595 21596 21597 21598 21599 21600 21601 21602 21603 21604 21605 21606 21607 21608 21609 21610 21611 21612 21613 21614 21615 21616 21617 $5,500.00 $5,000.00 $4,644.44 $4,360.00 $4,184.75 $3,336.94 $3,220.00 $3,193.97 $3,062.50 $2,950.00 $2,646.17 $2,645.00 $2,441.00 $2,412.01 $2,229.92 $1,986.00 $1,580.90 $1,563.71 $1,350.00 # $1,232.00 $1,200.00 # $1,165.00 $1,072.56 $1,056,43 $1,000.00 $958.41 $875.00 $710.00 $670.08 $666.09 $642.39 John Northmore Roberts & Associates Elkhorn Slough Foundation Ecological Concerns Hazard Management Services Balance Hydrologics Priority 1 Public Safety Equipment Normal Data Accountemps Timothy C. Best, CEG Planet Orange Termite Services George Bianchi Construction Harris Construction Shelton Roofing Company Ace Fire Equipment & Service Company Office Team Langley Hill Quarry Dutra Materials Big Creek Lumber Art Hall Bee Consultant Greg's Trucking Service Woodside Portola Patrol Alexander Atkins Design Santa Clara County - Office Of The Sheriff Monster Mechanical South Skyline Fire Safe Council Geocon Consultants BHI Management Consulting All Temp Refrigeration Fastenal Green Waste CMK Automotive Mt. Umunhum Demolition Contractor For Powell Remediation, Demolition & Restoration Mt. Umunhum Demolition Mindego Gateway Staging Area Construction - POST Funded Deposit For New Tractor Mindego Gateway Staging Area Planting & Maintenance - POST Funded Livestock & Equestrian Equipment At Event Center- Apple Orchard Site Tree Trimming For Hawthorns Defensible Space Temp - Web Administrator —Graphic Design Services T-iruelin€Panels-/-Fburuder'rDsy Festival Banners, Fans & Booth Headers / DVD Art / Strategic Plan Summary Design & Engineering Services - Mt. Umunhum Staging Area Resource Management Grant Program - Rangeland Conservation & Land Management Forum Native Revegetation Maintenance & Monitoring - Skyline Ridge Tree Farm Phase III Hazardous Material Abatement Oversight For The Powell Demolition Project Engineering Services - ECDM Staging Area Retrofit Lightbars For New Patrol Truck Consulting Services - Permits Database Accounting Temp Engineering Geology Work For Powell Demolition & Restoration Project Termite Treatment - AO Construction Services - Peters Creek Bridge Foundation Project Bathroom Repairs - Rental Residence Roof Repairs - Rental Residence Fire Extinguishers Annual Maintenance Office Temp - Real Property Administrative Assistant Septic Tank Repairs & Maintenance - Rental Residences Materials For Peters Creek Bridge Project Lumber - Posts & Rails For FFO Stock Bee Hive Removal Services - Hawthorn Property Trucking Services - Rock Delivery For Roads & Trail Work At Coal Creek & Peters Creek Patrol Services - Hawthorn Property Professional Design Services - Vision Plan Graphic Design Work Patrol Services For Turkey Day Ride HVAC Repairs & Preventive Maintenance - AO Contribution To Assist With The Home Defensible Space & Private Road Fuel Break Programs Geotechnical Consulting Services - Mt. Umunhum Staging Area Consulting Services - Board Appointee Evaluation Process Heater Repair - Rental Residence Toolbox For Field Projects - FFO Debris Box & Garbage Service - SFO Vehicle Maintenance & Repairs Page 1 of 3 21625 $350,00 Law Enforcement Psychological Services 2162 $327_19 California-Chambar4fCommerce 21627 $300.00 Eflexgroup 21628 $288.32 Beckman, Craig 21629 $285.01 R. E. Borrmann's Steel Company 21630 $258.63 Jackson -Hirsh 21631 $215.09 Thomson Reuters - West 21632 $210.00 Santa Clara County - Office Of The Sheriff 21633 $205.76 Del Rey Building Maintenance 21634 $200.00 Hsieh, Benny 21635 $194,36 Chung, Jean 21636 $179.51 Gartside, Ellen 21637 $170.07 Guy Plumbing & Heating 21638 $151.96 Grainger 21639 $145.15 Sanguinetti, David 21640 $132.04 Cascade Fire Equipment Company 21641 $117.50 Mission Trail Waste Systems 21642 $114.26 Allied Waste Services 21643 $108.78 Roberts Hardware 21644 $99.08 Cuzick, Elaine 21645 $98.15 O'Reilly Auto Parts 21646 $78.00 Pacific Telemanagement Services 21647 $71.57 San Jose Water Company 21648 $70.55 Peterson Cat 21649 $65.40 Downing, Brendan 21650 $52.50 Rayne Of San Jose 21651 $51.59 Bridge Wireless 21652 $46.03 Kwik Key Lock & Safe Company 21653 $40.24 Summit Uniforms 21654 $40.00 Data Safe 21655 $37,00 Los Altos Police Department 21656 $35.36 # California Water Service Company 21657 $30.41 Sunnyvale Ford 21658 $19.27 FedEx Claims No. 14-01 Meeting 14-04 Date 1/8/14 Midpeninsula Regional Open Space District Amount Name Description 21618 $56049 California Water Service Company 21619 $557.97 Gardenland Power Equipment 21620 $518.58 Pine Cone Lumber 21621 $471.44 Tyco Integrated Security 21622 $458.76 Palo Alto Plumbing Heating And Air 21623 $449.93 *4 Chance, Marianne 21624 $358.24 Fitzsimons, Renee Water Service - FFO, AO & Rental Residences Chain Saw Supplies Lumber For FFO Maintenance Projects Alarm Service - FFO Furnace Repair - FFO Reimbursement - Ranger Academy Expenses Reimbursement - National Association For Interpretation Conference Expenses / Bridge Toll / Snacks For Outdoor Education Leader Meeting Psychological Assessment For Ranger Candidate 2A-14-California-Labor-Law-DigesE&-L-abor-Law-Rosters Flexible Spending Account Annual Compliance Fee Reimbursement - Driscoll Ranch Water Pump Parts Materials For Tractor Box Laminating Supplies Monthly Legal Information Charges Fingerprinting Services Janitorial Supplies - AO Reimbursement - Firewall Servers For FFO & SFO Reimbursement - Mileage Reimbursement - Volunteer Supplies Plumbing Repairs - AO First Aid Supplies Reimbursement - Mileage Shipping Fees For Fire Pumper & Goggles Garbage Service - AO Garbage Service - Rental Residences Concrete For Sign Posts Reimbursement - Holiday Cards & Postage For Tenants Vehicle Supplies - Emission Cleaner/ Bulbs Pay Phone - Black Mountain Water Service - Rental Residence Universal Keys For Tractor Reimbursement - Propane Tank Rental Water Service - Fremont Older Earphone Kit For Portable Radio Lock & Key Services - AO Radio Holder Shredding Services - AO Annual Alarm Permit Water Service - Hawthorn Property Windshield Wipers Shipping Charges Page 2 of 3 Claims No. 14-01 Meeting 14-04 Date 1/8/14 Midpeninsula Regional Open Space District # Amount Name Description Total $886,740.06 *1 Urgent check issued 12/18/13 *2 Urgent check issued 12/19/13 *3 Urgent check issued 12/13/13 *4 Urgent check issued 12/19/13 # Hawthorn expenses Page 3 of 3 R-14-03 Meeting 14-01 January 8, 2014 AGENDA ITEM 3 AGENDA ITEM Authorization to Amend a Contract with David J. Powers Associates for an Amount Not-To- Exceed $103,285 to Provide Additional Environmental Review Consulting Services for the Proposed Ridge Vineyards Exchange Project GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to amend a contract with David J. Powers Associates for a total not-to-exceed amount of $103,285 to provide additional environmental review consulting services for the proposed Ridge Vineyards Exchange project. SUMMARY The Midpeninsula Regional Open Space District (District) plans to revise the environmental documents for the proposed Ridge Vineyards Exchange Project to address neighbor concerns about groundwater and other issues that were brought to the District’s attention at the end of the initial CEQA review. To address these concerns, additional consulting services are required. To achieve this, the General Manager is requesting Board authority to amend the District’s current contract in the amount of $22,840 with David J. Powers Associated (DJPA) to provide technical services related to the Ridge Vineyard Exchange project. DJPA, working with the Monte Bello Road community, the District, and Ridge Vineyards has identified a sub-consultant that would conduct a hydrogeology study to inform the revised CEQA document under the DJPA contract. The additional cost to amend DJPA’s contract and have a subconsultant complete the hydrogeology study is $80,445, bringing the not-to-exceed contract amount to $103,285. Ridge Vineyards has agreed to contribute $25,000 towards the hydrogeology study. These costs will be shared between Ridge Vineyards and the District, resulting in a total additional cost to the District of $55,445. DISCUSSION A draft Mitigated Negative Declaration (MND) for the proposed Ridge Vineyards (Ridge) exchange project was circulated for public comment from November 13, 2013 to December 4, 2013. Near the end of the circulation period, a number of Monte Bello Ridge residents raised new concerns regarding groundwater use and other issues. As a result, the General Manager determined the need to revise and expand the environmental review of the project to address the issues raised. R-14-03 Page 2 For efficiency and to ensure close coordination, the General Manager recommends that DJPA procure the services of a hydrogeology subconsultant to prepare more detailed information about baseline groundwater hydrogeology conditions and groundwater impacts of the proposed new vineyard development on Monte Bello Open Space Preserve. As part of the amended scope of work, DJPA’s team would: • Gather additional information regarding baseline groundwater conditions and prepare a study assessing the potential groundwater impacts of proposed new vineyard development. • Revise the CEQA project description and Initial Study to incorporate new information. • Evaluate project impacts based upon new information, and develop additional mitigation measures if warranted. • Revise the Mitigated Negative Declaration as needed. • Participate in a neighborhood meeting to explain the hydrogeology study and answer questions. • Following recirculation of the environmental review document, assist the District in responding to public comment, if any. Consultant Selection The District Board’s “Public Contract Bidding, Vendor, and Professional Consultant Selection, and Purchasing Policy” provides that environmental review consultants may be selected from the current file of prequalified consultants. In 2013, staff released a Request for Qualifications and Proposals to solicit firms that can provide environmental review services and prepare CEQA documents. All of the consultants that responded to the RFQP were deemed to be qualified to perform environmental review and were placed in the District’s current file of prequalified consultants. Staff selected David J. Powers Associates for the Ridge Vineyards Exchange project from this prequalified consultant file, on the basis of the firm’s local knowledge, availability to perform the work in accordance with the District’s schedule, and fair and reasonable base contract price. Recommendations for a qualified hydrogeology consultant were solicited from District staff, Ridge, and Monte Bello Ridge residents. DJPA, on behalf of the District, issued a simple request for proposals, and after discussions with several qualified consultants, selected Ulrick & Associates to perform the hydrogeology study. Consultant selection criteria included: • Knowledge of groundwater hydrology and geology, especially in fractured rock aquifers. • Experience with groundwater in the vicinity of Monte Bello Ridge. • Experience assessing environmental impacts under CEQA. • Proposed methods, scope of work, and availability to perform the work on the District’s schedule. FISCAL IMPACT The balance remaining on DJPA contract is not sufficient to commission a hydrogeology study or make revisions to the CEQA document in response to public comments. Board approval of the General Manager’s recommendation would increase the contract amount by $80,445, bringing the total not-to-exceed contract amount to $103,285. Ridge Vineyards has agreed to reimburse the District up to $25,000 for the hydrogeology study, reducing the additional budget impact to the District to a total of $55,445. These costs would be funded under the existing Fiscal Year 2013-14 Real Property Department’s Land Conservation budget. R-14-03 Page 3 BOARD COMMITTEE REVIEW No Board Committee review was needed for this item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. Notice was also sent to the interested parties list for the Ridge exchange project, which includes the Monte Bello Road neighbors. CEQA COMPLIANCE Retention of professional consultants to provide CEQA services does not constitute a project under California Environmental Quality Act (CEQA), as it will not result in a direct physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. NEXT STEPS Following approval by the Board, the General Manager would authorize the contract amendment with DJPA, allowing them to retain a hydrogeologist to complete a groundwater study and revise the environmental review document for the Ridge Vineyards Exchange. Following revision, the District would recirculate the environmental document to allow the Board and public to review the new information in spring 2014. The exchange proposal is anticipated to be presented to the Board in mid-2014. Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Sandy Sommer, AICP, ASLA, Senior Real Property Planner R-14-14 Meeting 14-01 January 8, 2014 AGENDA ITEM 4 AGENDA ITEM Authorization to Amend a Contract with Northgate Environmental Management Inc., for Additional Soils Sampling, Abatement Monitoring, and Laboratory Analyses for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a contract amendment with Northgate Environmental Management Inc., of Oakland, CA, for a time and materials not-to-exceed amount of $38,443 plus a contingency of $3,000, for a total amendment of $41,443 to complete onsite soil sampling, additional abatement monitoring, and laboratory analyses required for the demolition project at Mount Umunhum. SUMMARY A contract was awarded to Northgate Environmental Management Inc., (Northgate) on December 6, 2012 (R-12-113) for a soil sampling plan, a final sampling report, and abatement monitoring for Building 212. The proposed amendment amount of $38,433 includes the cost for onsite sampling that was informed by the sampling plan, laboratory analyses, sampling of suspect materials encountered during demolition, and abatement monitoring for Transite pipe removal (containing asbestos). A contingency of $3,000 is also requested to address unforeseen additional sampling or analyses that may be required to support completion of the demolition work on site. The funds for the requested amendment are included in the approved FY2013-14 budget for the Mt. Umunhum remediation project. DISCUSSION Background In 1986, the Midpeninsula Regional Open Space District (District) acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer (Report R-86-20) with the intent to restore the area to a natural condition and provide public access. In December 2009, the United States Congress appropriated $3.2 million for cleanup of Mount Umunhum. Due to a favorable bidding environment in FY2009-10, the initial hazardous materials cleanup work completed by the United States Army Corps of Engineers resulted in only a partial expenditure of the allocated federal appropriation, in the R-14-14 Page 2 amount of $1,895,229. The remaining federal appropriation, $1,304,771, was transferred to the District for demolition of structures on site. On September 12, 2012, the Board approved an award of contract to American Wrecking Inc. for the demolition of structures at Mount Umunhum (with the exception of the radar tower) (R-12-90). A separate District-funded project, the Mount Umunhum Environmental Restoration and Public Access Project (Restoration Project), conducted the public planning and California Environmental Quality Act and National Environmental Policy Act (CEQA/NEPA) review processes, to develop the final Mount Umunhum site plan and project description, which included the demolition of structures (except the radar tower). On June 12, 2012, the Board approved the adoption of a Final Environmental Impact Report for the Restoration Project, approved the Phase I Demolition (not including the radar tower) (R-12-59), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. Environmental consulting services in support of the Phase I Demolition work were required to ensure compliance with mitigation measures, including preparing a soil sampling plan, conducting sampling during demolition, developing remediation plans to address contamination, and ensuring that the implementation of remediation measures is coordinated with the contractor and executed appropriately. Northgate’s original scope of work included a soil sampling approach and plan, onsite meetings and coordination with the demolition contractor, and abatement monitoring at Building 212. The soil sampling plan was used to determine which buildings would need to be sampled, the methodology for sampling, the number of trips and staff hours required to complete the work, the types and quantities of samples to be collected, and the laboratory analyses required. The cost of the actual sampling work, $23,477, and laboratory analyses of the needed samples, $10,770, is included in the proposed contract amendment. In addition, the amendment includes $4,196 for sampling unanticipated suspect materials discovered during construction and additional abatement monitoring for Transite pipe removal. The total contract amendment amount is $38,433. An additional contingency of $3,000 is requested to address any additional sampling or analyses that may be required to support completion of the demolition work on site. FISCAL IMPACT The current FY 2013-14 Budget has sufficient funds to cover the proposed contract amendment amount. The District’s FY2013-14 Midyear Action Plan and Budget includes $1,674,949 for completion of the demolition project on Mount Umunhum. BOARD COMMITTEE REVIEW No Board Committee review is required for this portion of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. R-14-14 Page 3 CEQA COMPLIANCE On June 12, 2012 (R-12-59), the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the Radar Tower), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. NEXT STEPS Upon approval by the Board of Directors, the General Manager will execute a contract amendment with Northgate for professional environmental services to support of the Mitigation Monitoring Response Plan for the Phase I Demolition at Mount Umunhum. Responsible Department Head: Meredith Manning, Co-Acting Planning Manager Prepared by: Gina Coony, Planner III R-14-13 Meeting 14-01 January 8, 2014 AGENDA ITEM 5 AGENDA ITEM Strategic Plan Goals and Objectives Revisions for Fiscal Year 2014-15 GENERAL MANAGER’S RECOMMENDATION Approve recommended revisions to the Strategic Plan Goals and Objectives for FY2014-15. SUMMARY The Board of Directors completed a review and revisions to the 2011 Strategic Plan goals and objectives at a study session on November 8, 2013. The recommended revisions reflect progress made by the District since 2011, and establish strategies for Fiscal Year (FY) 2014-15. The revised goals and objectives are being brought back to the Board for formal approval. Once approved, they will help inform development of the FY2014-15 Action Plan and Budget. DISCUSSION On November 8, 2013, the Board of Directors held a special public meeting to review and reaffirm, or adjust as necessary, the goals and objectives of the 2011 Strategic Plan to guide the District’s focus for FY2014-15. At this meeting, staff presented 2011 Strategic Plan progress information, the status of Action Plan projects, and the results of an environmental scan of key potential internal organizational changes, as well as potential external changing social, economic, and political factors that could affect the District. Following staff’s presentation, the Board reviewed and made changes to the goals and objectives of the strategic plan summary to reflect progress that has been made to date and to establish strategic goals and objectives for the next fiscal year. The changes agreed to by the Board at the meeting are shown in Attachment 1. The change for Goal 2, Objective 1 concerning the Community Advisory Committee was referred to staff to develop specific wording. Staff’s recommended wording is highlighted for the Board’s consideration. Unless the Board has additional revisions, the Strategic Plan goals and objectives for FY 2014- 15 will be as follows: Goal 1 – Promote, establish and implement a common conservation vision with partners Objective 1 – Enhance collaboration with partners R-14-13 Page 2 Objective 2 – Implement an integrated approach to conservation on the Peninsula, South Bay and San Mateo Coast Objective 3 – Implement a Regional Open Space Vision Plan Goal 2 – Connect people to open space and a regional vision Objective 1 – Conclude the work of the Community Advisory Committee on the Vision Plan and explore roles for a future community advisory group Objective 2 – Continue to develop and implement a long-term public outreach strategy Objective 3 – Involve all District departments in public outreach and communication Goal 3 – Strengthen organizational capacity to fulfill the mission Objective 1 – To implement public access, acquisition, and restoration priorities, prepare for a voter-approved revenue measure Objective 2 – Evaluate additional discretionary revenue opportunities (grants, etc.) Objective 3 – Identify staffing needs to most effectively implement the Vision Plan, re-evaluate the current business model, and adapt the funding model accordingly The Strategic Plan is intended to be a dynamic document that is re-evaluated by the Board and staff annually prior to the development of the annual Action Plan and Budget. FISCAL IMPACT There is no fiscal impact directly associated with approving revisions to the Strategic Plan goals and objectives. However, Strategic Plan revisions will inform the development of the FY2014- 15 Action Plan and Budget. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS Adjustments to the Strategic Plan will help guide staff’s development of the Action Plan and Budget for FY2014-15, for future Board consideration. Attachment(s) 1. Recommended revisions to the Strategic Plan Goals and Objectives R-14-13 Page 3 Prepared by: Kevin S. Woodhouse, Assistant General Manager FY 2014-15 Strategic Plan Update Goal 1 – Promote and, establish and implement a common conservation vision with partners agencies Objective 1 – Enhance collaboration between with partners Objective 2 – Begin implementation ofImplement an integrated approach to conservation on the Peninsula, South Bay and San Mateo Coast Objective 3 – Begin implementation ofImplement a Regional Open Space Vision Plan Goal 2 – Connect people to open space and a regional vision Objective 1 – Conclude the work of the Community Advisory Committee on the Vision Plan and explore roles for a future community advisory group Objective 2 – Continue Continue to develop and implement a long-term public outreach strategyacross all socio-economic sectors of the surrounding communities Objective 3 – Involve all District departments in public outreach and communication Goal 3 – Strengthen financial and staffing resourcesorganizational capacity to fulfill the mission Objective 1 – Pursue a voter-approved revenue measure Tto meet implement public access, acquisition, land protection and restoration , and public access priorities, prepare for a voter-approved revenue measure Objective 2 – Evaluate additional discretionary revenue opportunities (grants, etc.) Objective 3 – Identify staffing needs to most effectively implement the Vision Plan, and re-evaluate the current business model, and adapt the funding model accordingly R-14-12 Meeting 14-01 January 8, 2014 AGENDA ITEM 6 AGENDA ITEM Proposed Names for the New Mount Umunhum Parking Area and Trail LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE (LFPAC), AND GENERAL MANAGER’S RECOMMENDATIONS 1. Approve the “Bald Mountain Parking Area” as the permanent name for the new vehicle parking area that will be constructed at the Bald Mountain trailhead/Mount Umunhum Road junction (see Attachment A). 2. Approve the “Mt. Umunhum Trail” as the permanent name for the new multi-use trail that will extend between the Bald Mountain Parking Area and Mount Umunhum summit. SUMMARY At its September 19, 2012 meeting for the Mount Umunhum Environmental Restoration and Public Access Project (Project), the Board approved a new vehicle parking area at Bald Mountain, and a multi-use trail from this new parking area to the Mount Umunhum summit (R- 12-91). Project design and permitting is currently underway. Staff assigned the temporary working names “Bald Mountain Parking Area” and “Mt. Umunhum Trail” to these particular elements (see Attachment 1) during the project design phase. As the project nears actual construction, permanent names need to be selected for these facilities and added to new signage and brochure maps. After holding discussions with a representative of the local Ohlone tribal band, field staff, and LFPAC, the permanent names of “Bald Mountain Parking Area” and “Mt. Umunhum Trail” are recommended for consideration by the full Board. DISCUSSION In an effort to identify suitable names for the new parking and trail facilities at Mount Umunhum, staff consulted with Valentin Lopez, Chairperson of the Amah Mutsun Tribal Band, for trail name suggestions. The Amah Mutsun Tribal Band is a local tribe for whom Mount Umunhum holds a great deal of cultural significance. Mr. Lopez agreed that the name “Mt. Umunhum Trail” was a good choice for the trail to the summit, and also indicated a request for a separate trail name for a future additional trail at the summit, which will be discussed at a subsequent LFPAC meeting as a part of the summit area design. Design work for the summit area trails and amenities is anticipated to occur over the next few years. R-14-12 Page 2 Staff also consulted with patrol and maintenance staff, who indicated the importance of keeping the trail name leading to the summit simple and clear, as it is anticipated to receive heavy use and as such could produce a relatively high volume of two-way radio traffic between Dispatch Services and the District. Similarly, the name “Bald Mountain Parking Area” provides a clear description of its location at the trailhead to Bald Mountain. The location of the parking area is ideally situated to serve as a staging area for both destinations: Bald Mountain and Mount Umunhum. FISCAL IMPACT Selecting names for new public access facilities will not result in any additional fiscal impact. These names will be used as part of new trail sign orders and new brochure orders, which are already anticipated and included as part of the existing budget. BOARD COMMITTEE REVIEW LFPAC met on the following date with the following recommended actions: December 3, 2014 LFPAC reviewed the proposed trail, parking, and overlook names and asked staff to forward them to the full Board for consideration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE Selecting names for portions of a Project does not constitute a project under the California Environmental Quality Act (CEQA) as it will not result in a direct physical change in the environment. Pursuant to CEQA, the Midpeninsula Regional Open Space District (MROSD), as lead agency, approved the final portion of the Mount Umunhum Environmental Restoration and Public Access Project (Project) and adopted the Final Environmental Impact Report (FEIR) including a Mitigation Monitoring Plan (MMP) on October 17, 2012. The trail, parking areas and associated features were included as part of the Project reviewed under CEQA. The FEIR included findings that all potentially significant impacts from the project were either avoided or mitigated, and no findings of overriding consideration were required. On October 23, 2012, MROSD filed its Notice of Determination with the County Clerk of Santa Clara County. No challenges to the project were made. NEXT STEPS Staff will include the permanent names on documents submitted to the County and regulatory agencies for permits, on design drawings by consultants, and on signage, in the newsletter, and in brochures. A third potential feature has been identified as a potential overlook and destination point along the new trail, featuring the surrounding open space views and dramatic scenery of Guadalupe Creek and Mount Umunhum. This feature is shown as “Guadalupe Creek Overlook” R-14-12 Page 3 on Attachment A. A description of the overlook was discussed in a Board FYI on November 20, 2013 (Board Meeting 13-33). Because this overlook would result in additional cost, staff anticipates returning to the Board at a later date for the approval to construct the overlook as a featured destination of the new trail system. Attachment(s) 1. Map of Project Area 2. Draft Minutes of LFPAC meeting on December 3, 2013 Prepared and Reviewed by: Meredith Manning, Co-Acting Planning Manager and Senior Planner Graphics prepared by: Jon Montgomery, GIS Intern Casey Hiatt, GIS Coordinator Mt U m u n hu m R o a d !!! B a r l o w Road 2200 2600 2 8 0 0 3200 2 0 0 0 1800 3400 1600 3000 2 4 0 0 3400 3000 3400 2400Guadalupe Creek H erbert C reek Mi d p en in su la Re g io na lOpen S p ac e Di st ric tAttachment A : Ro u g h Tra i l A l ig n m e n t , P r o p o s e d Pa r k i n g A r e a , O v e r l o o k , a n d Tra i l N a m e s fo r M t . U m u n h u m P r o j e c t No vember, 2013 Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\MtUmSummitTrail\MtUmSummitTrail_Updated_20131114.mxd Created By: jmontgomery 0 1,200600FeetI (M RO S D) While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geograp hic featur es. MtUm Sum m itTra il_Updated_201 311 14&".mxd" Area ofDetail £¤17 £¤85 Geographic Coordinate System: CS_North_American_1983Datum: D_North_American_1983 Proposed trail (~4 miles)County Paved Seasonal MROSD Property MROSD Property Private Prope rty Private Property Gate(SA-08) " Mt. Umunhum(3,486 Feet) Old Dirt Roads BaldMountainParkingArea Mt. UmunhumTrail GuadalupeCreekOverlook Legislative, Funding and Public Affairs Committee December 3, 2013 REGULAR MEETING LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE Administration Office 330 Distel Circle Los Altos, CA 94022 DRAFT MINUTES December 3, 2013 I. CALL TO ORDER Director Hanko called the Special Meeting of the Legislative, Funding and Public Affairs Committee (LFPAC) to order at 2:01 p.m. II. ROLL CALL Members Present: Cecily Harris, Yoriko Kishimoto, and Nonette Hanko Members Absent: None Staff Present: Assistant General Manager Kevin Woodhouse, Assistant General Counsel Hilary Stevenson, Co-Acting Planning Manager Meredith Manning, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS None IV. ADOPTION OF THE AGENDA Motion: Director Kishimoto moved, and Director Harris seconded a motion to adopt the agenda. VOTE: 3-0-0 V. COMMITTEE BUSINESS Agenda Item #1 – Approval of October 8, 2013 Minutes The Committee requested that all approved Committee meeting minutes be forwarded to the full Board. LFPAC Page 2 December 3, 2013 District Clerk Jennifer Woodworth suggested that LFPAC may choose to forward copies of their meeting minutes to the Board, but a decision to forward all committee minutes may be included in a future update to the Board Committees section of the Board Policy Manual. Director Hanko asked that the language for the motion for agenda item number three be amended to state “consider a MOU” instead of “consider an MOU.” Motion: Director Harris moved, and Director Kishimoto seconded the motion to approve the minutes for the October 8, 2013 LFPAC meeting, as amended. VOTE: 3-0-0 Agenda Item #2 – Consideration of Proposed Names for the Mt. Umunhum Project Parking, Trail, and Overlook Areas Co-Acting Planning Manager Meredith Manning provided the staff report describing staff discussions with Valentin Lopez, Chairperson of the Amah Mutsun Tribal Band, and Mark Hylkema, Archaeologist to the District and local tribal bands to help develop names for portions of the Mount Umunhum Environmental Restoration and Public Access Project. These include the Bald Mountain Parking Area, Mt. Umunhum Trail, and for the potential overlook which has yet to be approved by the full Board. Public hearing opened at 2:13 p.m. No speakers present. Public hearing closed at 2:13 p.m. Motion: Director Kishimoto moved, and Director Harris seconded a motion to (1) approve the temporary working name “Bald Mountain Parking Area” as the permanent name for the new vehicle staging area that will be constructed at the Bald Mountain trailhead/Mount Umunhum Road junction; (2) approve the temporary working name “Mt. Umunhum Trail” as the permanent name for the new multi-use trail that will extend between the Bald Mountain Parking Area and the summit of Mount Umunhum; (3) approve the temporary working name “Guadalupe Creek Overlook” as the permanent name for the potential vista point along the Mt. Umunhum Trail overlooking the Guadalupe Creek drainage. VOTE: 3-0-0 Agenda Item #3 – Amendments to the “Regulations for Use of Midpeninsula Regional Open Space District Lands” Senior Management Analyst Gordon Baillie provided the staff report outlining the process used to draft the updated ordinance including those included in the review process. The Committee members reviewed the draft language of the ordinance and requested clarification of the ordinance’s language. Extensive discussion ensued. LFPAC Page 3 December 3, 2013 Director Harris stated that the language related to permit requirements for organized hikes of more than twenty people due to the fact that oftentimes organized groups do not know how many hikers will attend. Mr. Baillie and Operations Manager David Sanguinetti explained that the permit system is assists with crowd control, including in parking areas and preventing multiple large groups from attempting to hike the same trails at the same time. Also the permits assist in the case of emergency to provide information to potential emergency service workers to know approximately how many visitors are in a hiking group. Discussion ensued. Director Kishimoto expressed her concerns regarding protection of water resources. Mr. Baillie and Mr. Sanguinetti stated that staff will research the issue and bring their suggestions when the draft ordinance is brought to the full Board. Director Kishimoto inquired whether to keep the language in Section 701.5 Removal of Dog Excrement “if it poses a health hazard, a public nuisance, or is in an area.” Discussion ensued. Director Hanko suggested that the language remain in the draft ordinance when it is agendized for the Board and allow the full Board to discuss the draft language. Mr. Baillie explained that the proposed bail schedule attached to the Board report only includes fines for the new regulations, and revisions to the complete Bail Schedule is scheduled to go the Board next year. Public hearing opened at 3:07 p.m. No speakers present. Public hearing closed at 3:07 p.m. Motion: Director Harris moved, and Director Kishimoto seconded a motion to review and recommend to the full Board of Directors: (1) adoption of the proposed amendments to the Regulations for use of Midpeninsula Regional Open Space District Lands; (2) adoption of the proposed additions to the District Bail Schedule for newly added Regulations. VOTE: 3-0-0 VI. ADJOURNMENT The next LFPAC meeting was not scheduled. Chair Hanko adjourned the Regular Meeting of the Legislative, Funding and Public Affairs Committee at 3:09 p.m. __________________________________ Jennifer Woodworth District Clerk R-14-04 Meeting 14-01 January 8, 2014 AGENDA ITEM 7 AGENDA ITEM Election of the Board of Directors Officers for Calendar Year 2014 GENERAL MANAGER’S RECOMMENDATION Elect Officers of the Board of Directors for Calendar Year 2014. SUMMARY Pursuant to Section 1.06 (Board Officers) of the Board Policy Manual, the Board is required to elect new Officers for the calendar year at its first regular meeting in January. The election will be held by signed ballot and counted by the District Clerk. After the election, the ballots will be available for public inspection. DISCUSSION The Board’s Rules of Procedure list the order of officers to be elected as follows: President, Vice-President, Treasurer, and Secretary. Board Policy Manual Section 1.04 (Board Committees) states that the Treasurer shall be a member of the Action Plan and Budget Committee (ABC). Board Officer Election Process Board Officers will be elected sequentially, starting with Board President and ending with Secretary. Each Board Officer will be elected by a separate vote starting with a call for nominations from the Board. Following the close of nominations, election of each Board Officer will proceed by signed ballot and counted by the District Clerk. The Director receiving a majority of the vote of the members of the Board will be elected. Each of the four Board Officers will be elected using this procedure. After the election, the ballots will be available to the public for inspection. FISCAL IMPACT There are no unbudgeted fiscal impacts for this item. R-14-04 Page 2 BOARD COMMITTEE REVIEW Board Committee review of this agenda item is not required. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS Following the election of Board officers, staff will prepare a new roster for posting. Responsible Department Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk R-14-05 Meeting 14-01 January 8, 2014 AGENDA ITEM 8 AGENDA ITEM Appointment of Action Plan and Budget Committee Members for Calendar Year 2014 GENERAL MANAGER’S RECOMMENDATION Approve the Board President’s appointment of three members of the Board of Directors to the Action Plan and Budget Committee for Calendar Year 2014. SUMMARY At the first regular meeting in January, the Board of Directors must appoint new members to the Action Plan and Budget Committee in accordance with Board Policy Manual Section 1.04 (Board Committees). DISCUSSION Per Board Policy 1.04, appointments to the Action Plan and Budget Committee shall normally be made at the first regular Board meeting in January and that the Board Treasurer shall be one of the three members of the Committee. The Board of Directors will have elected their Treasurer for 2014 on January 8, 2014 (R-14-04). Newly appointed members will be the designated Directors to review and approve related budget business for calendar year 2014. Per Board Policy 1.04, the Board President shall appoint the Committee members with the consent of the Board. FISCAL IMPACT There are no unbudgeted fiscal impacts. BOARD COMMITTEE REVIEW Board Committee review of this agenda item is not required. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. R-14-05 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS Following Board appointment, staff will prepare a new roster of Action Plan and Budget Committee members for posting. Responsible Department Head: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk R-14-11 Meeting 14-01 January 8, 2014 AGENDA ITEM 9 AGENDA ITEM Partnership Guidelines for the Mount Umunhum Radar Tower LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE (LFPAC), AND GENERAL MANAGER’S RECOMMENDATIONS To define the partnership parameters for external fundraising for the Mount Umunhum radar tower, LFPAC and the General Manager recommend the following: 1. Define the District relationship with a fundraising entity whose mission is to raise funds to permanently retain the radar tower as an informal relationship, until that organization has met minimum requirements established by the District Board of Directors, as detailed below. 2. Direct the General Manager and General Counsel to work with the organization(s) to establish a Memorandum of Understanding (MOU) once minimum requirements are met. 3. For the Board to consider an MOU, set the minimum partner funding commitment for long- term repair and maintenance costs at $625,000; this is 50% of the sum of the escalated construction costs ($500,000) plus 50% of the 20-year maintenance costs ($125,000) (see Attachment 1). 4. Confirm that minor maintenance is to be funded by the District until long-term repairs are implemented, at which time all maintenance costs would be funded by a fundraising entity or outside partner (estimated timeframe: three to five years). 5. Approve allocating up to 40 hours of District staff time for preparation, arrangements, and escorting potential partners and their prospective donors to Mount Umunhum at no cost to the fundraising entity. 6. Prohibit the District from accepting public funds for long-term radar tower repairs at this time. 7. Direct the General Manager to redirect public inquiry regarding fundraising for the radar tower to the fundraising entity both verbally and in writing, as opposed to maintaining a District link from its web page to the fundraising entity. R-14-11 Page 2 SUMMARY This report defines minimum partnership recommendations by LFPAC for any fundraising entity whose mission is to raise funds to permanently retain the radar tower at Mount Umunhum. In October 2012, the Board of Directors (Board) approved the Retain and Seal option for the radar tower to allow interested members of the public to raise funds within a five year timeframe for the long-term repair and maintenance of the structure. Staff has subsequently been working with LFPAC to define the appropriate parameters for this new type of partnership. LFPAC met three times in 2013 (March, June, and October) to define an approach for partnering with a nonprofit 501(c)(3) organization or similarly qualified fundraising entity to repair the Mount Umunhum radar tower. LFPAC passed motions to forward the seven recommendations presented in this report to the full Board. DISCUSSION At its October 17, 2012 meeting for the Mount Umunhum Environmental Restoration and Public Access Project (Project), the Board approved Interim Action A for the radar tower, allowing for minimum, near-term “Collapse Prevention” repairs (as defined by Santa Clara County) to allow safe public access to the exterior base of the structure for a period of approximately five years following the repairs (R-12-104). This action is an initial step toward implementing any of three permanent radar tower options (Retain and Seal, Open Air, and Restoration), and provides time for radar tower advocates to partner with or form a new nonprofit 501(c)(3) organization or similarly qualified fundraising entity to raise funds for the long-term repair of the radar tower under the Retain and Seal option. The Board reserved the authority to define what constitutes a suitable partnership. Any arrangement between the District and an outside entity would be considered a “potential” partnership until all minimum requirements are met. As this is a new approach for the District, the mechanism for proceeding, consistent with Board direction, was discussed at three LFPAC meetings held in 2013. The recommended partnership parameters are being forwarded to the full Board for approval as discussed below. LFPAC RECOMMENDATIONS 1. Define the District relationship with a fundraising entity whose mission is to raise funds to permanently retain the radar tower as an informal relationship, until that organization has met minimum requirements established by the District Board of Directors. By defining what constitutes a suitable partnership for fundraising, the Board will set expectations for outside groups wishing to engage in this effort. The recommendation put forth by LFPAC to consider any partner a “potential” partner until minimum qualifications are met is intended to maximize partnering opportunities while minimizing risks to the District. 2. Once the minimum requirements are established, direct the General Manager and General Counsel to work with the organization(s) to establish a Memorandum of Understanding (MOU). Once the Board establishes the kind of involvement and relationship it wants with the outside fundraising entity, including the approval of the minimum funding commitment, the General Manager with guidance from the General Counsel would determine how to implement that R-14-11 Page 3 strategy within the context of an MOU. The MOU would further refine terms for a relationship between the District and a fundraising entity. Terms may include, but would not be limited to the following: • Verification of legally recognized 501(c)(3) or similarly qualified fundraising entity; • Billing and rates for District staff time to arrange for site visits that exceed the approved time limit (proposed time limit is currently 40 hours); and • A schedule of annual reports and meetings. These terms would then be reviewed by LFPAC and subsequently forwarded to the full Board for approval. 3. For the Board to consider an MOU, set the minimum partner funding commitment for long-term repair and maintenance costs at $625,000; this is 50% of the sum of the escalated construction costs ($500,000) plus 50% of the 20-year maintenance costs ($125,000) (see Attachment 1). Construction The Board is asked to define the minimum partner funding commitment for the Retain and Seal option (or long-term repair) for the radar tower to include escalation costs to the year of construction, as shown in Attachment 1. Since it is unknown in what year a fundraising entity will raise the 50% minimum requirement for construction, staff recommends this value be set at $500,000, which is a general average of escalated construction costs until the fundraising deadline of October 2017. At its October 17, 2012 meeting when the Board approved consideration of external partnerships, the Board strongly focused on the requirement that any partner would need to commit to providing the total construction cost for the long-term “Life Safety” repairs to the radar tower, as defined by the County of Santa Clara and described under the Retain and Seal option. Staff recommends remaining consistent with this requirement. The District is already committed to funding the minimum, near-term “Collapse Prevention” repairs in the amount of $415,000 for the radar tower. These funds contribute to the overall cost of long-term repairs and are already factored into the calculation for the total minimum funds required for the Retain and Seal option. Attachment 1 provides escalated construction costs for the Retain and Seal option, including “Collapse Prevention” repairs. Typically, any construction project requires a minimum of one year for project design and engineering, a second year for permitting, and a third year for construction. Therefore, the escalated construction costs shown in Attachment 1 should be interpreted as follows: if potential partners are required to raise 100% of construction funds by the target date of October 2017, a minimum of $1,052,427 would be needed for construction three years from that date, or in this case, in the year 2020. If any delays are encountered during permitting and construction that are outside the authority of the District, which is not uncommon, this amount could increase; however, if construction bids come in unexpectedly low, this amount could decrease. These occurrences are unpredictable, and therefore, this minimum amount is the best estimate the District has at this time. If the minimum funding for the Retain and Seal option is met prior to the deadline of October 2017, details on transferring those funds to the District for implementation would be defined in a future MOU. R-14-11 Page 4 Maintenance The Board is also asked to define the minimum partner funding commitment for maintenance for a time period of 40 years, including 50% of the twenty-year maintenance costs to address as-needed unanticipated emergency and public safety work. The twenty-year maintenance costs are estimated at $250,000 (primarily for roof replacement), so under this scenario, a fundraising entity would be required to raise fifty percent of that, or $125,000, for the Board to consider entering into an MOU. These funds are separate from the construction funds, and would need to be added to the 50% minimum funding requirement for construction. Throughout the radar tower evaluation, the Board expressed concern about how the long- term maintenance of structures like the radar tower does not align with the District’s mission statement. Even if an entity were to successfully fundraise for the permanent repairs, the question of responsibility for long term maintenance and repair costs still remains. Staff recommends that the funding responsibility for maintenance and repairs be placed on the fundraising entity for any work that is required beyond what District staff would customarily provide for other District structures. District field staff is limited by safety requirements on what type of maintenance work they can provide for any facility. For the radar tower, District staff can only commit to graffiti removal up to the first floor, or as high as a coating could be applied with an extension roller from the ground. Responsibility for all other repair would fall upon the fundraising entity, including paying for periodic inspection services by a qualified structural engineer. It is not possible to exactly predict the future maintenance requirements; however, order-of- magnitude estimated costs were developed and presented to the Board as part of the Conceptual Cost Estimate by TDB Consultants and Restoration Design Group in July 2012 (see Report R-12-75). According to that report, in addition to construction costs, maintenance costs for the Retain and Seal option add an additional $250,000 by year 20 and an additional $500,000 by year 40, for a total estimated 40-year cost of maintenance of $750,000. Forty- year maintenance costs include the following: • Roof replacement at 20 and 40 years • Repainting with scaffolding • Exterior crack repairs approximately every 15 years • Anti-vandal repairs • Insurance There are many ways to approach the requirement of fundraising for structure maintenance, the terms of which would be defined within the context of an MOU; however, the $125,000 held for maintenance could essentially become a reserve to address unanticipated emergency work (e.g. earthquake damage) to protect the public from potential hazards until repair work can occur, or to make necessary repairs that might otherwise cost more in the long-term if not implemented immediately (e.g. patching a roof leak). This fund would also allow for the quick installation of perimeter fencing and other safety measures to provide for public safety while still allowing the summit to remain open to the public. R-14-11 Page 5 4. Confirm that minor maintenance is to be funded by the District until safety repairs are implemented, at which time all maintenance costs would be funded by a fundraising entity or outside partner (estimated timeframe: three to five years). “Collapse prevention” repairs to allow safe public access to the exterior base of the structure for a period of five years following repair are anticipated to occur in 2015. Public access to the summit is anticipated to occur in 2017, which is also the deadline for fundraising. It is anticipated that a fundraising entity would require the full time period to raise funds, placing construction at year 2020. The District recommends providing minimal maintenance for the time period between public opening until the long-term construction is implemented, at which time maintenance of the entire structure would become the sole responsibility of the fundraising entity. The District assumes that any fundraising entity would require the full time period until 2017 to raise funds, and construction would commence three years from that date, or 2020; therefore, minor maintenance would occur for a period of approximately three to five years, including cleaning and vandal repair. It is not possible to predict future major earthquake activity or related damage. However, the minimum, near-term “Collapse Prevention” repairs to allow public access to the exterior base will include repairs of damage resulting from the prior Loma Prieta quake of 1989. In the event of a major earthquake or other event that results in new damage to the radar tower, the General Manager would return to the Board with recommended next steps on how to proceed. 5. Approve allocating up to 40 hours of District staff time for preparation, arrangements, and escorting potential partners and their prospective donors to Mount Umunhum at no cost to the fundraising entity. The District would provide up to 40 hours of staff time for preparation, arrangements, and escort site visits to Mount Umunhum for potential partners and their prospective donors (assuming four hours per round trip including travel) at no cost to the fundraising entity. Phone calls, Committee and Board meetings, and other work associated with this project would not be included. This time would be provided to a potential partner who has made contact with the District without having an MOU in place. 6. Prohibit the District from accepting public funds for long-term radar tower repairs at this time. It is imperative that total separation of funds occur between external entities and the District. The District held initial discussions on the possibility of accepting donations internally, but after further evaluation determined that it would be best not to accept funds directly because if collections fell short of the goals set forth by the Board, the money collected would need to be returned. This would require a considerable amount of staff time to monitor funds for five years and return it to the donors, potentially with interest. Furthermore, these funds would need to be tracked for the entirety of the collection period, requiring additional staff time to set up an accounting system to track and report its status during the annual and midyear budget cycles. The District is not equipped to handle these additional administrative and reporting responsibilities. However, nothing would preclude the District from accepting funds to support the short-term repairs the District is already committed to funding for the minimum, near-term “Collapse Prevention” in the amount of $415,000 for the radar tower. R-14-11 Page 6 7. Direct the General Manager to redirect public inquiry regarding fundraising for the radar tower to the fundraising entity both verbally and in writing, as opposed to maintaining a District link from its web page to the fundraising entity. To date, there is only one known entity that has approached the District as a potential partner, known as the Umunhum Conservancy, Incorporated (UCI). Representatives from UCI have attended all three LFPAC meetings and have engaged in discussion with the Committee. Regardless of whether or not this entity remains the singular interested organization, when the District receives public inquiry regarding fundraising for the radar tower, the District would simply redirect public inquiry to the fundraising entity or entities. Even if the District entered into an MOU with one or more organizations, there would be no link from its web page to the web page of these external organizations to avoid the false appearance of endorsement. FISCAL IMPACT There are no immediate fiscal impacts to the District associated with this item. If the Board approves the recommendations as set forth in this report, the District may need to budget funds for minor maintenance of the radar tower, as the need arises, for a period of approximately three to five years. BOARD COMMITTEE REVIEW LFPAC met three times on the following dates with the following recommended actions: March 5, 2013 The Committee directed staff to return at a future meeting with amendments to the recommendations that include limiting the amount of staff time used for fundraising efforts and refining three approaches for District involvement with an external fundraising entity (Attachment 2). June 4, 2013 The Committee approved the proposed partnership approach with a fundraising entity, consisting of Recommendations 1, 2, 5, 6, and 7 of this report. LFPAC also authorized the General Manager to assign a District liaison as a point of contact (Attachment 3). October 8, 2013 The Committee approved the minimum funding commitment needed to consider entering into an MOU with an external fundraising entity to address repair and long-term maintenance costs, and a plan for addressing interim repairs to the radar tower as discussed in Recommendations 3 and 4 of this report (Attachment 4). PUBLIC NOTICE Public notice was provided as required by the Brown Act. The Umunhum Conservancy, Inc. (Conservancy) was also sent a notice of this Agenda Item. To date, the Conservancy is the only external fundraising group who has made contact with the District. R-14-11 Page 7 CEQA COMPLIANCE Defining an approach to external partnerships does not constitute a project under the California Environmental Quality Act (CEQA) as it will not result in a direct physical change in the environment. Pursuant to CEQA, the Midpeninsula Regional Open Space District (MROSD), as lead agency, approved the final portion of the Mount Umunhum Environmental Restoration and Public Access Project (Project) and adopted the Final Environmental Impact Report (FEIR), including a Mitigation Monitoring Plan (MMP) on October 17, 2012. Repairs to the radar tower were included as part of the Project. The FEIR included findings that all potentially significant impacts from the project were either avoided or mitigated, and no findings of overriding consideration were required. On October 23, 2012, MROSD filed its Notice of Determination with the County Clerk of Santa Clara County. No challenges to the project were made. NEXT STEPS The Project Manager (and contact person for this report) will act as the District liaison and handle public inquiries, redirect the public to external groups, and engage with external fundraising groups who make contact with the District. The liaison will organize and track staff hours for arranging prospective donor visits to the radar tower once the interim radar tower repairs have been completed, which is anticipated to occur by the end of calendar year 2014. This assignment is expected to involve minimal time, and yet play a crucial role in setting expectations regarding the District’s role and involvement. Once an external group has met the Board-approved minimum requirements consisting of the recommendations put forth in this report and including any changes or additions, the liaison will work with Legal Counsel to develop an MOU with the external group. Simultaneously, staff anticipates moving forward to finalize design, permitting, bidding, and construction work for the “Collapse Prevention” repairs to the radar tower in Fiscal Year 2014- 15. Attachment(s) 1. Retain and Seal Option & Interim Action A Budget Analysis 2. Approved minutes of LFPAC meeting on March 5, 2013 3. Approved minutes of LFPAC meeting on June 4, 2013 4. Approved minutes of LFPAC meeting on October 8, 2013 Responsible Department Head: Meredith Manning, Co-Acting Planning Manager and Senior Planner Prepared by: Report: Meredith Manning, Co-Acting Planning Manager and Senior Planner Attachment 1: Gina Coony, Planner III Contact person: Meredith Manning, Co-Acting Planning Manager and Senior Planner Project Cost - 2012 Dollars Retain and Seal - TOTAL CURRENT ESTIMATED COST $1,105,876 Retain and Seal - PHASED PROJECT COST PHASE 1 - Interim Action A (District Funded)-$414,855 Balance cost of Retain and Seal option $691,021 PHASE 2 - Cost for remaining Retain and Seal scope Additional soft costs (15%) of balance $103,653 Design / engineering, permitting, project management Additional hard costs (10%) of balance $69,102 Contractor mobilization, insurance, overhead, profit Total Construction Cost in 2012 $863,776 BUDGET ASSUMPTIONS: 2. Concept Budget is based on strict alignment with scope outlined for Retain and Seal; any deviation could impact budget. Concept budget reflects minimum commitment required. PHASE 1 SCOPE - NEAR-TERM INTERIM ACTION A: PHASE 2 SCOPE -REMAINING LONG-TERM RETAIN and SEAL SCOPE: Attachment A (Page 1 of 2) Mount Umunhum Radar Tower Retain and Seal Option & Interim Action A Budget Analysis Construction Costs - 2012 Dollars Interim Action A actions: seal first floor openings with concrete, and all floors above with sheet metal; repair all cracks on first floor and install graffiti coating on first floor; secure interior doors; implement safety upgrades to interior stairs; install new roof guardrails and roof hatch; and make repairs to roof drains. Completed after Interim Action A, this work includes: repair of all cracks on radar tower; installation of new roof; new graffiti-resistant coating to entire exterior; and sealing all openings with concrete. 1. Budget calculated at concept level. Factors such as regulatory changes could influence costs beyond a standard 2.5 percent per year escalation rate. 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 One-time construction costs including three-year escalation ($)863,776 953,447 977,283 1,001,715 1,026,758 1,052,427 1,078,738 1,105,706 1,133,349 1,161,683 1,190,725 Attachment A (Page 2 of 2) Retain and Seal Option following Interim Action A Escalated Construction Costs for Radar Tower for Five Years following Fundraising Deadline SPECIAL MEETING LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE Administration Office – Long Ridge 330 Distel Circle Los Altos, CA 94022 MINUTES March 5, 2013 I. ROLL CALL Director Harris called the Special Meeting of the Legislative, Funding and Public Affairs Committee (LFPAC) to order at 2:00 p.m. Members Present: Cecily Harris, Yoriko Kishimoto, and Nonette Hanko Members Absent: None Staff Present: General Manager Steve Abbors, Docent Program and Acting Public Affairs Co-Manager Renee Fitzsimons, Acting Planning Manager Meredith Manning, and District Clerk Michelle Radcliffe II. ORAL COMMUNICATIONS There were none. III. ADOPTION OF THE AGENDA Director Kishimoto requested that Agenda Item #3 be heard after Agenda Item #1. Motion: Upon motion by Director Kishimoto, seconded by Director Harris, the Committee adopted the agenda as amended. (Vote: 3-0-0) IV. COMMITTEE BUSINESS A. Agenda Item #1 – Approval of February 12, 2013 Minutes Director Hanko requested that if the previously approved minutes were amended that it be included in the Committee packet so that the Committee is aware of the amendments. LFPAC Page 2 March 5, 2013 Motion: Upon motion by Director Harris, seconded by Director Kishimoto, the Committee approved the February 12, 2013 Minutes. (Vote: 3-0-0) B. Agenda Item #3 – District’s Plans for Accepting Funds for Mount Umunhum Acting Planning Manager Meredith Manning explained that District staff needed direction on how the process of accepting funds for the Mount Umunhum project. She presented the General Manager’s recommendations: 1) working with the General Counsel’s Office to spell out appropriate terms for the District’s relationship with any 501(c)3 organization that approaches the District as a potential partner for the project; 2) Prohibit the District from accepting public funds for the radar tower preservation. Instead, direct public inquiry to known existing 501(c)3 organzation(s) who have contracted the District; and 3) Authorize the General Manager to assign a District liason as a point of contact for public inquiries, and to remain in communication with the 501(c)3 organization(s). Discussion ensued. Director Harris expressed her concerns regarding the amount of staff time being used for any potential partnerships. She stated that a limited number of staff hours should be dedicated to partnership/outreach efforts. Director Kishimoto also expressed her concerns and stated that a Memorandum of Understanding will need to be drafted between the District and any potential organizations. Extensive discussion ensued. Public Comment: Sam Drake, President of the Umunhum Conservancy, shared his thoughts regarding the General Manager’s recommendations. The Committee directed staff to return to a future meeting with amendments to the recommendations that include limiting the amount of staff time that will be used for fundraising efforts and providing guidelines for C. Agenda Item #2 – Social Media and Electronics Communications Policies District Clerk Michelle Radcliffe briefly explained the amendments made to the Social Media Policy and the Electronics Communications Policy. The Committee stated that most of the language in the Electronics Communications Policy pertained to District employees and not the Board. The Committee directed staff to remove language pertaining to District staff and to create an Electronics Communications Administrative Policy for District staff to sign and placed in their employee file. The Committee also agreed to accept the Social Policy as presented and asked that staff bring it forward to the full Board when the Board Electronics Communications Policy has been approved by the Committee. D. Agenda Item #4 – Update on Capital Finance Program General Manager Steve Abbors reported that polling survey is currently being drafted and will be conducted shortly. He stated that the results will be shared with the Committee at an upcoming meeting. LFPAC Page 3 March 5, 2013 E. Agenda Item #5 – Informational Items There were no informational items shared. V ADJOURNMENT The next LFPAC meeting was tentatively scheduled for April 16, 2013 at 3:00 p.m. Chair Hanko adjourned the Special Meeting of the Legislative, Funding and Public Affairs Committee at 4:21 p.m. Michelle Radcliffe, CMC District Clerk Legislative, Funding and Public Affairs Committee June 4, 2013 REGULAR MEETING LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE Administration Office – Long Ridge 330 Distel Circle Los Altos, CA 94022 APPROVED MINUTES June 4, 2013 I. CALL TO ORDER Director Hanko called the Special Meeting of the Legislative, Funding and Public Affairs Committee (LFPAC) to order at 2:06 p.m. II. ROLL CALL Members Present: Cecily Harris, Yoriko Kishimoto, and Nonette Hanko Members Absent: None Staff Present: General Manager Steve Abbors, Acting Planning Co-Manager Meredith Manning, Public Affairs Manager Shelly Lewis, Docent Program Manager Renee Fitzsimons, General Counsel Sheryl Schaffner, Planner III/Project Manager Gina Coony, and Public Affairs Administrative Assistant Teresa Gibson III. ORAL COMMUNICATIONS None IV. ADOPTION OF THE AGENDA Motion: Director Kishimoto moved, and Director Hanko seconded a motion to adopt the agenda. VOTE: 3-0-0 LFPAC Page 2 June 4, 2013 V. COMMITTEE BUSINESS Agenda Item #1 – Approval of May 7, 2013 Minutes Motion: Director Kishimoto moved, and Director Hanko seconded the motion to approve the minutes for the May 7, 2013 LFPAC meeting. VOTE: 3-0-0 Agenda Item #2 – Discussion on the District’s Plans for Accepting Funds for Mount Umunhum Acting Planning Co-Manager Meredith Manning asked the Committee to review and approve the items the General Manager has recommended and to choose one of the three recommended approaches for working with Umunhum Conservancy, Inc. (the Conservancy). Extensive discussion ensued. The Committee is in favor of creating a Memorandum of Understanding (MOU) with the Conservancy and discussed when would be the appropriate time to initiate it. Also discussed was how a new non-profit would demonstrate its fundraising history when it is a new organization. Ms. Manning responded that the Conservancy needs to commit to raising the full amount. As for providing fundraising history, this could be demonstrated by looking at the fundraising history of the individual board members of the non-profit. Discussion ensued concerning which approach to take in regards to a relationship with the Conservancy. The Committee favored elements from several of the approaches. The Committee decided to not have a link to the Conservancy on the District Web site. Conservancy President Sam Drake responded that his organization is happy to work with the District in any of these approaches as all will work. However, he stated that 40 hours of staff time for site visits over the course of five years is not sufficient, and none of the approaches provides enough time to allow potential donors to visit the site. Mr. Drake also inquired as to how staff time is measured and requested clarity on this topic. Mr. Drake agreed that a relationship between both organizations should be reviewed in the future. Lastl y, Mr. Drake stated that although a link on the District’s Web site would be nice, it is not necessary. Ms. Manning responded to the questions raised by Mr. Drake. Discussion regarding when to create a Memorandum of Understanding (MOU) with the Conservancy was held. The Committee agreed that when half the funds have been raised, the District will draft an MOU with the Conservancy. Discussion was held regarding potential contingencies that could be included in the MOU. Mr. Drake commented that it is reasonable to expect the Conservancy to fund both the rehabilitation of the radar tower as well as long-term maintenance and requested that clear, definite costs be spelled out. Mr. Drake also stated that the Conservancy prefers the District be proactive with entering into an MOU, but stated it can function with its mission without one. LFPAC Page 3 June 4, 2013 General Manager Steve Abbors agreed that parameters need to be set in the event that a natural catastrophe severely damages the tower. Discussion ensued. Conservancy Board Member Basim Jaber stated that although future damage cannot be predicted, the proposed repairs to the radar tower will strengthen it. Mr. Jaber also noted that the Conservancy is considering purchasing insurance on this project. Director Kishimoto held discussion on “Question 6: Maintenance and Security 1.9 M for 40 years” and inquired to what extent the Conservancy is committed to this. Mr. Drake responded that the Conservancy is willing to agree that maintenance is part of its responsibility, but the full amount not be in the bank at the time an MOU is created. He stated that requiring 50% of the amount be banked in the beginning of the MOU is excessive. Mr. Drake continued to recommend that a specific amount be determined closer to when an MOU is drafted and felt it would be unfair to the Conservancy if the Committee provided a set amount today. Discussion ensued. Mr. Abbors recommended the Committee review items 1 through 4 and defer items 5 and 6 to a future meeting as the goal of today’s Committee meeting is to give the Conservancy an opportunity to understand the minimum amount required in order to prevent the public having to pay for maintenance issues as they arise. The Committee agreed to defer items 5 and 6 to a future meeting. Mr. Abbors further noted that Approach 1 has flexible language allowing for unknowns. Since items 5 and 6 are not being determined at this meeting, Approach 1 is the ideal approach to take. He stated that if fundraising site visits occur, District staff will need to escort the public and suggested striking the “no site visits” sentence from Approach 1 and include staff time. The Committee agreed to include 40 hours of staff time. Discussion ensued. Mr. Abbors commented that the Committee can work out the specific amount of banked funds required for the MOU at a later time when items 5 and 6 are discussed by the full board. He recommended the Committee vote on Approach 1 with the “No site visits” language struck and the staff time from Approach 3 be included. Brief discussion ensued. Motion: Director Hanko moved, and Director Kishimoto seconded a motion to approve Committee recommendation of Approach 1 with the modifications recommended by the General Manager. VOTE: 3-0-0 Mr. Drake thanked the Committee and provided an update about the progress of the Conservancy. Agenda Item #3 – Informational Items There were no informational items shared. LFPAC Page 4 June 4, 2013 VI. ADJOURNMENT The next LFPAC meeting was not scheduled. Chair Hanko adjourned the Special Meeting of the Legislative, Funding and Public Affairs Committee at 3:56 p.m. Teresa Gibson Public Affairs Administrative Assistant Legislative, Funding and Public Affairs Committee October 8, 2013 *Approved by the Legislative, Funding and Public Affairs Committee on December 3, 2013 SPECIAL MEETING LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE Administration Office 330 Distel Circle Los Altos, CA 94022 APPROVED MINUTES* October 8, 2013 I. CALL TO ORDER Director Hanko called the Special Meeting of the Legislative, Funding and Public Affairs Committee (LFPAC) to order at 2:01 p.m. II. ROLL CALL Members Present: Cecily Harris, Yoriko Kishimoto, and Nonette Hanko Members Absent: None Staff Present: Assistant General Manager Ana Ruiz, Assistant General Counsel Hilary Stevenson, Co-Acting Planning Manager Meredith Manning, Public Affairs Manager Shelly Lewis, Planner III Gina Coony, Real Property Specialist Elaina Cuzick, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS None IV. ADOPTION OF THE AGENDA Motion: Director Kishimoto moved, and Director Harris seconded a motion to adopt the agenda. VOTE: 3-0-0 V. COMMITTEE BUSINESS Agenda Item #1 – Approval of August 6, 2013 Minutes LFPAC Page 2 October 8, 2013 Motion: Director Harris moved, and Director Kishimoto seconded the motion to approve the minutes for the August 6, 2013 LFPAC meeting. VOTE: 3-0-0 Agenda Item #2 – Filling the Volunteer Ombudsperson Position Public Affairs Manager Shelly Lewis presented the staff report describing the Ombudsperson position and the process used to recruit for the position. Ms. Lewis then introduced the applicant Ms. Rosemary Field to the committee. Director Hanko suggested the ombudsperson should be introduced to the District’s neighbors and others who interact with the District. Public Affairs Manager Lewis suggested that introduction of Ms. Field could be included in the District’s quarterly newsletter. Director Hanko asked Ms. Field to describe her work in Belmont in regards to working with those who neighbor public lands. Ms. Field explained that visitors to public lands can be educated about avoiding encroachment onto private lands. Public hearing opened at 2:12 p.m. No speakers present. Public hearing closed at 2:12 p.m. Motion: Director Kishimoto moved, and Director Harris seconded a motion to accept the application of Rosemary Field for the District Ombudsperson position and forward a recommendation for approval to the Board of Directors. VOTE: 3-0-0 Agenda Item #3 – Partnership Guidelines for the Mount Umunhum Radar Tower Co-Acting Planning Manager Meredith Manning provided an update and explained that staff is returning to the committee with additional changes to the parameters governing partnerships with outside funding entities. Director Harris inquired as to how the District will receive proof that 50% of the funds have been raised by partners. Ms. Manning explained that the District may review various financial documents such as bank statements to determine the funds have been raised. Assistant General Counsel Hilary Stevenson stated that it would be appropriate for the District to request copies of bank statements when Memorandum of Understanding negotiations begin. LFPAC Page 3 October 8, 2013 Director Harris inquired as to the process if the balance of the funds is not raised by 2017. Ms. Manning stated that in that event, staff will return to the LFPAC and/or Board of Directors to request and receive guidance, as appropriate. Director Kishimoto inquired who is liable for unexpected maintenance costs prior to 2017 or when the full amount is raised. Ms. Manning stated that the District will be financially responsible until a final agreement is reached. In the event extensive repair or maintenance is required, staff will return to the Board to report on the issue and request guidance. Public hearing opened at 2:28 p.m. Sam Drake of the Mt. Umunhum Conservancy spoke regarding the current limit of forty (40) hours of District staff time before reimbursement was required stating that he would prefer this requirement be more open-ended, in case the need arises for additional visits using an agreed upon rate and District would be reimbursed for staff time. Mr. Drake questioned whether $125,000 was the correct amount of cash required to be on-hand prior to detailed negotiation stating that he believe the amount may be negotiated later in the process. Mr. Drake also commented on the sealing of the building requesting that access be maintained through at least one door. Finally, Mr. Drake requested the District reserve room for signage at the site which would allow for recognition of donors. Ms. Coony explained that roof access will be maintained; however, all floors will be sealed except access to stairway due to Santa Clara County requirements. Additionally, staff evaluated other options and determined that the other options were prohibitively expensive due to County requirements for electricity and fire safety, which would be necessary to allow public occupancy of a building. The remote location of the radar tower site lacks infrastructure of any kind to support these requirements. Director Hanko commented that the rate for reimbursement of staff time may be determined at a later date and also stated that the LFPAC will want to review any signs for the site. Public hearing closed at 2:44 p.m. Motion: Director Hanko moved, and Director Kishimoto seconded a motion to (1) define the minimum partner funding commitment for the long-term repair costs as including escalation costs to the year of construction as shown in Attachment A, including 50% of the construction costs ($500,000) as a minimum requirement for the Board to consider a MOU; (2) define the minimum partner funding commitment for maintenance to include a period of forty years, including 50% of the twenty-year maintenance costs ($125,000) as a minimum requirement for the Board to consider a MOU; and (3) confirm that minor maintenance is to be funded by the District until long-term construction is implemented, at which time all maintenance costs will be funded by a fundraising entity or outside partner (estimated timeframe: three to five years). VOTE: 2-0-1 (Director Harris abstained) LFPAC Page 4 October 8, 2013 VI. ADJOURNMENT The next LFPAC meeting was not scheduled. Chair Hanko adjourned the Regular Meeting of the Legislative, Funding and Public Affairs Committee at 2:45 p.m. __________________________________ Jennifer Woodworth District Clerk R-14-06 Meeting 14-01 January 8, 2014 AGENDA ITEM 10 AGENDA ITEM First reading of amendments to the “Regulations for Use of Midpeninsula Regional Open Space District Lands” GENERAL MANAGER’S RECOMMENDATIONS 1. Waive reading, read by title only, and introduce the proposed amendments to the Regulations for use of Midpeninsula Regional Open Space District Lands for adoption of the ordinance at the Board’s next regular meeting; 2. Introduce proposed additions to the District Bail Schedule for newly added Regulations for adoption at the Board’s next regular meeting. SUMMARY The District’s Regulations for use of Midpeninsula Regional Open Space District Lands were last reviewed by the Board of Directors in 2004. Staff has performed a comprehensive review of the Land Use Regulations and proposes certain revisions, to address the experience of District rangers in the field, changes in the law, and changes in vehicles and technologies that have emerged in the intervening 10 years. Bail amounts are suggested for new regulations, which are proposed as part of the amendment process. DISCUSSION The Board of Directors is empowered by State law to enact ordinances, rules, and regulations that apply to the property, improvements, and facilities belonging to the District or under its control (Public Resources Code section 5558(a)). The District’s Land Use Regulations are utilized to implement the Board’s Basic Policy, to provide the framework for educating the public about acceptable uses of District lands, and to provide regulations necessary for the proper administration, governance, protection and use of District lands. The current Ordinance was adopted in August, 2004 (Ordinance 04-01, see report R-04-80). Since the last adoption of the Ordinance there have been a number of changes in the law, which necessitates revisions to the District Land Use Regulations. For example, certain Land Use Regulations have been deleted because they are preempted by a State law, meaning that a State law which fully regulates certain conduct precludes a local agency from adopting the same law. Specifically, the former Land Use Regulation prohibiting littering is preempted by a section of R-14-06 Page 2 the California Penal Code. In instances of littering, District rangers are authorized to enforce the appropriate Penal Code section to deal with the violation. Another reason for changes to the ordinance is that new vehicles and technologies such as Segways, and improvements in battery technology for vehicles, pose new challenges for resource protection and protection of visitor safety. The proposed changes to the ordinance reflect staff’s recommendations to address these issues. A total of twelve additional regulations are being proposed. The proposed revisions and additions to the ordinance, shown in highlights in Attachment 1, include recommendations from the District’s field staff based on their direct knowledge of field issues. The proposed changes have been reviewed by outside legal counsel experienced in dealing with public agency law enforcement procedures and by the District’s Office of General Counsel. Bail amounts for newly proposed regulations are shown in Attachment 2. The bail amount proposed for each new regulation is based on staff’s review of the amount charged for similar District violations. Staff also compared the District’s Bail Schedule with that of Santa Clara County Parks to ensure some level of parity, taking into consideration that some of their issues and priorities are different from the District’s. In recent years there has been a considerable increase in State and County penalty assessments and processing fees, which are added to the basic bail amounts set by agencies such as the District. Currently, a bail of $25 results in a fine of $144 [source: 2013 Santa Clara County Criminal Court Bail Schedule]. By comparison, in 2004 a person charged with an offense with a $25 bail would have paid only $68. Attachment 3 shows the fines which result from various levels of bail amounts. Based on Santa Clara County’s experience, staff believes these increases have resulted in an increase in the number of court hearings to contest the citation and thus an increase in the number of requests for ranger court appearances. Staff is currently undertaking a comprehensive review of the Bail Schedule to verify and identify any potential changes that could continue to achieve the compliance goals of the District but minimize the trend of increasing numbers of ranger court appearances. COMMITTEE REVIEW The Legislative, Funding and Public Affairs Committee reviewed the proposed changes at their meeting of December 3, 2013. During the review two issues were raised and further discussion with the full Board was requested. The first issue was a question as to whether a regulation should be drafted to deal with water theft, i.e., unauthorized diversion of water. An example of where this might occur is when a marijuana garden is established, and water is diverted from a creek. Staff researched this question, and recommends adopting a new Section (702.7) prohibiting the diversion of water on District Lands without the express written permission of the District. The wording of this proposed section is being finalized, and will be presented during the Board meeting. The second issue is the removal of dog waste. It was suggested during committee discussions that Section 701.5, which deals with animal excrement, be further modified so that removal of dog waste is required without the need for posting of signs specifically addressing this R-14-06 Page 3 requirement. Staff supports this additional change. Since all areas where dog access is currently allowed require dog excrement be picked up, it would not change current requirements. Information about this requirement will still be available on the District’s website and in District publications. FISCAL IMPACT The District receives minimal revenue from the court fines. The newly added regulations are not anticipated to noticeably change revenues from court fines. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS After the Board’s initial review and the incorporation of any changes requested by the Board, the ordinances will be adopted at an upcoming Board meeting. The ordinances will be published in a newspaper of general circulation 30 days after adoption. Once the ordinance is enacted, staff will submit the requested Bail Schedule for new Ordinances to the San Mateo and Santa Clara County courts for their review and approval. Attachments: 1. Proposed Amendments to the “Regulations For Use Of Midpeninsula Regional Open Space District Lands.” 2. Proposed Additions to the District’s Bail Schedule 3. Sample Bail Amounts and Resulting Fine. Responsible Department Head: Brian Malone, Acting Operations Manager Prepared by: Gordon C. Baillie, Operations Management Analyst Attachment 1 R-14-06 Page 1 of 25 REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1, July 28, 1993 Revised and Adopted by Ordinance No. 96-1, February 28, 1996 Revised and Adopted by Ordinance No. 03-01, June 6, 2003 Revised and Adopted by Ordinance No. 03-02, August 13, 2003 Revised and Adopted by Ordinance No. 04-01, August 25 2004 Revised and Adopted by Ordinance No. 14-01, February XX, 2014 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as “Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands” and may be referred to as “land use regulations.” SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999, that “The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety.” SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. “District” means MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term “District Lands” includes all lands, interests in lands, structures, improvements, and waters owned, controlled, leased, licensed or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. “Person” means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105 JUVENILE DEFINED. A juvenile is defined as any person under the age of 18 years. Comment [GB1]: Clarifying to include easements, etc. Attachment 1 R-14-06 Page 2 of 25 SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is defined as any horse, pony, mule, donkey, other member of the equine family, alpaca or llama whether used for riding or packing or neither. It does not include any other animal that may be used for saddle or packing purposes. SECTION 107 DESIGNATED TRAIL DEFINED. A “Designated Trail,” is a trail maintained by the District which is shown on the District’s official preserve maps or is identified as a designated trail in the District’s Use and Management Plan for the preserve. The area of the trail is defined as the graded trail surface. It does not include the uphill embankment, downhill embankment, or any area or corridor adjacent to the trail surface. SECTION 108 DESIGNATED AREA DEFINED. A “Designated Area,” is any area or trail on District lands specifically designated for a specific use or activity or where a specific use or activity is prohibited or restricted by a District rule, regulation, Ordinance, sign, notice or permit. SECTION 109 WATER AREAS OF THE DISTRICT DEFINED. “Water Areas of the District,” are defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, flood control channels, and other structures designed or able to hold water. SECTION 110. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, “permit” or “permission” means permission, granted in writing by the General Manager or his/her designee or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 111. CLIMBING DEFINED. Climbing is defined as suspending oneself by hands and or feet or with a rope or other support, such that one could not stand up unsupported on his/her feet or progress up or down without the use of their hands or other support without jumping or falling. SECTION 112 DISTRICT EMPLOYEE DEFINED. A “District Employee,” is any full or part time paid employee of Midpeninsula Regional Open Space District. This definition does not include volunteers. SECTION 113. BOARD DEFINED. “Board” means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. Attachment 1 R-14-06 Page 3 of 25 SECTION 115. PUBLIC VIEW DEFINED. “Public View” is defined as a location which can be seen from a road, trail, staging area, parking lot, campground or picnic area, or other District structure or facility. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as otherwise provided by resolution, regulation, or rule of the Board, by administrative action of the General Manager or his/her designee under this Ordinance, or by individual Site Use and Management Plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits there from, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the terms and conditions of any permit, the lawful order or other instruction of any District ranger appointed by the Board or any peace officer appointed by the Board, the laws of the State of California, any Federal law, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the State of California, any Federal law and all applicable county, city and other local ordinances. 200.4 All District lessees, contractors, consultants, agents and representatives shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California, any Federal law, and all applicable county, city and other local ordinances. 200.5 Failure to comply with a permit. No person issued a permit shall violate the terms or conditions of the permit. Comment [GB2]: Clarifies that this does not just refer to peace officers appointed by the Board, but to all peace officers. Comment [GB3]: This section was moved from 408.4 to cover permits which are issued for any activity, not just those in Section 408. Attachment 1 R-14-06 Page 4 of 25 SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Unless otherwise stated, any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as an infraction. When any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as a misdemeanor, the prosecutor may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is an infraction. When any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as an infraction, the prosecutor may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is a misdemeanor. SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304 CITATIONS FOR MISDEMEANORS. If any person is arrested for a violation of an ordinance, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to Attachment 1 R-14-06 Page 5 of 25 appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. a) The time specified in the notice to appear must be at least five days after such arrest. b) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail. c) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his/her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. d) The officer shall, as soon as practicable thereafter, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his/her judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he/she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his/her discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code. e) No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he/she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. Attachment 1 R-14-06 Page 6 of 25 SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any person who willfully violates his/her or her written promise to appear or a lawfully granted continuance of his/her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he/she was originally arrested. SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 5560.5 of the Public Resources Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within 20 days after his/her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he/she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his/her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after official closing hours on District Lands, except by written permit in Designated Areas. Any person receiving a written permit to camp in a designated area shall abide by the terms and conditions of the permit. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; or b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; or c) the juvenile is an emancipated minor. SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any Water Areas of the District except in Designated Areas. Comment [GB4]: Deals with the problem of people camping outside of the period of time specified in their permit for camping. Attachment 1 R-14-06 Page 7 of 25 401.2 Definition. “Water-contact activity” is defined as any activity in which the body of a person comes into physical contact with water areas by swimming, washing, wading, aqua-planing, paddle boarding, skin diving, water skiing or similar activity. It does not include boating, fishing, or when using a Designated Trail. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the Water Areas of the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. a) No person shall carry, possess, use, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap, snare or hunting device, ammunition, throwing knife, hatchet, axe, sword, machete, martial arts throwing device, any device capable of firing or launching a projectile, or any other weapon or device not otherwise specified, capable of injuring or killing any person or animal. Violation of this sub-section is punishable as a misdemeanor. b) No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any paint ball gun, BB gun, air gun or similar device. 403.2 Exceptions. This section shall not apply to: a) the possession of otherwise lawful unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of otherwise lawful firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use of such firearms or weapons granted by written permit for resource management or educational purposes. Attachment 1 R-14-06 Page 8 of 25 SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established and authorized by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fusee, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in Designated Area specified for camping. 404.2 Smoking. No person shall smoke on District Lands, except in Designated Areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from vehicles, trailers, sinks, portable toilets, or other fixtures upon or into the ground or water. Violation of this sub-section is punishable as a misdemeanor. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. Violation of this sub-section is punishable as a misdemeanor. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. Violation of this sub-section is punishable as a misdemeanor. 405.4 Defecation. No person shall defecate in Public View or within twenty-five (25) feet of a Designated Trail. Violation of this sub-section is punishable as a misdemeanor. 405.5 Urination. No person shall urinate in Public View. SECTION 406. METAL DETECTORS. 406.1 General. No person shall possess or use a metal detector or similar device on District Lands, except as provided in subsection 702.5. Comment [GB5]: Unlikely to get the D.A. to support prosecution of this section as a misdemeanor. Comment [GB6]: Unlikely to get the D.A. to prosecute this section as a misdemeanor. Comment [GB7]: Unlikely to get the D.A. to proscecute this section as a misdemeanor. Comment [GB8]: Since possession is likely to lead to use the addition of this prohibition seems reasonable. Attachment 1 R-14-06 Page 9 of 25 SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any District Lands, or prevent or obstruct free passage or transit over or through any District Lands. Violation of this sub-section is punishable as a misdemeanor. 407.2 Interference With Use of District Lands. No person shall engage in behavior that unreasonably interferes with others in the normal, free and safe use of District Lands. Violation of this sub-section is punishable as a misdemeanor. 407.3 Noise. No person shall play or operate any sound amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands, without prior written permission. 407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with any lawful order, signal, or direction of any District or other peace officer when that peace officer is performing his/her duties under any of the provisions of this Ordinance, or other statute, code, Federal, State or local law, ordinance or regulation which the District or other peace officer is authorized to enforce. Violation of this sub-section is punishable as a misdemeanor. 407.5 Order to Vacate. Any person who has committed a public offense in a District preserve or within the District’s boundaries shall leave District lands upon request made by any Peace Officer. No person who has left such lands after such a request may reenter any District lands prior to official sunrise on the following day. . SECTION 408. ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES. 408.1 Organized Group Special Events and Activities Defined. An Organized Group Special Event or Activity is any event or activity which: a) is advertised or noticed in any publication, poster, electronic posting, social media, or flyer; andor b) requests or requires a fee be paid for participation; or c) may be attended by twenty (20) or more people. 408.2 Permits. No person shall hold, conduct, organize, or take part in any Special Event or Activity as defined in section 408.1. on District Lands without written permission. Violation of this sub-section is punishable as an infraction. Comment [GB9]: Similar to ordinance which Santa Clara County Parks has. Note that this only applies if requested to leave by a Peace Officer, i.e. a disruptive person. Comment [GB10]: Existing language has been difficult to communicate requirements to the public. Attachment 1 R-14-06 Page 10 of 25 a) Where such unpermitted Special Event or Activity causes direct physical harm to District Lands, or which is attended by forty (40) or more people, or which is conducted after official hours, then violation of this sub-section is punishable as a misdemeanor. 408.3 Individual Participation. No person shall participate in any Activity or Special Event on District Lands without written permission when the Activity or Special Event requires a written permit pursuant to this Ordinance. 408.4 Failure to comply with a permit. No person issued a permit under this section shall violate the terms or conditions of the permit. 408.5408.4 The District may deny a request for a permit when the General Manager or his/her designee finds that the requested Special Event or Activity or similar event will disrupt or unreasonably interfere with the normal use, operation, enjoyment or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. SECTION 409. MISCELLANEOUS ACTIVITIES. 409.1 Fireworks. No person shall possess, deposit, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, explosives, or explosive devices. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. Violation of this sub-section is punishable as a misdemeanor. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any self-propelled or remote controlled drones, model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands or Water Areas of the District, except in Designated Areas, or by written permit. When allowed, model craft shall be operated in compliance with posted or adopted rules and regulations. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in Designated Areas. Violation of this sub-section is punishable as a misdemeanor. Comment [GB11]: This section has been moved to 200.5 to cover permits issued for any activity, not just those discussed in section 408. Comment [GB12]: Currently staff cannot enforce posted signs dealing with model aircraft. Attachment 1 R-14-06 Page 11 of 25 409.6 Skating, Scooters, Skate Boards and Other Coasting, Sledding or Sliding Devices. No person shall roller skate, in-line skate, grass skate, grass ski, grass sled or operate a go cart, self propelled or motorized scooter, a self- propelled or motorized skate board, or similar device on District Lands including off road versions of all the listed devices, except on trails or locations specifically designated for such use. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any: person, property, wildlife, natural features or which interferes with visitor activities. Violation of this sub-section is punishable as a misdemeanor. 409.8 Possession of a District Lock or Key. Any person who possesses, makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the District without authorization from the person in charge of such building or area or his designated representative, is guilty of a misdemeanor. 409.5409.9 Segways and Electric Bicycles. No person shall possess or use a Segway, electric powered bicycle, or similar device on District Lands including off road versions of all the listed devices, except on trails or locations specifically designated for such use. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the General Manager or his/her designee or an authorized representative to be an area where alcohol use is prohibited. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. Violation of this sub- section is punishable as a misdemeanor. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, sign, bulletin board, utility pole, lighting fixture, or other property on District Lands, without written permission. Comment [GB13]: Per Lance’s suggestion – Language mirrors PC 469. Comment [GB14]: Segway requests and use have grown since the ordinances were last revised in 2004, and their addition is in keeping with the spirit of this ordinance. Electric bicycle technology continues to grow, and they are becoming more popular and more powerful, with higher capacity batteries. Comment [GB15]: We do not currently have any trails designated for this use, but this allows us the flexibility to add such designated trails in the future if it is desired to do so. Attachment 1 R-14-06 Page 12 of 25 411.3 Obeying Signs. No person shall fail to obey the directions of a posted regulatory sign. SECTION 412 NUDITY. No person shall expose any part of the pubic or anal region or genitalia while on District Lands in Public View. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING / HIKING TRAILS. 500.1 Trail Use Speed Limit. All users of District Lands shall comply with all established trail use speed limits. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. 500.2 One-way Trails. No person shall operate a bicycle or unicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. 500.4 Dangerous Trail Use. No person shall run or jog in such a way as to endanger hikers, equestrians, bicyclists or others using District Lands. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a Saddle or Pack Animal on any trail, roadway or established firebreak designated or signed to restrict horse use. Saddle or pack animals must stay on Designated Trails roadways which are Designated Areas for such use, and established firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal, including the rider. No person shall allow his/her saddle or pack animal to stand unattended or insecurely tied. Violation of this sub-section is punishable as a misdemeanor. 501.3 Carts and Wagons. No person shall possess or operate a cart, wagon, or similar device attached to any animal on District Lands without a written permit. Comment [GB16]: Deals with signs for special events or other temporary situations. Attachment 1 R-14-06 Page 13 of 25 SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle, unicycle or similar device on District Lands except on any trails or roadways designated by the District or signed to restrict bicyclefor such use. Bicycles, unicycles or similar devices must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle or unicycle or similar device in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal including the rider. Violation of this sub-section is punishable as a misdemeanor. 502.3 Helmet Violations. a) No person eighteen years or older shall operate a bicycle or unicycle or similar device upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet. Such bicycle helmets must meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. of the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation’s Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). b) Except in designated parking areas, no person shall possess a bicycle or unicycle or similar device on District Lands without also possessing a bicycle helmet. Such bicycle helmets must meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation’s Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 502.4 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. 502.5 Mechanical Operation. No person shall operate a bicycle, unicycle or similar device on District Lands that does not have properly functioning brakes, drive train, seat and steering. Comment [GB17]: Cleans up the language and clarifies that bicycles must remain on designated trails. Comment [GB18]: Persons under 18 are required to wear a helmet by California State Law. Comment [GB19]: Replace with language from CVC 21212. A bicyclist contacted us to inform us that our language is out of date. Comment [GB20]: Replace with language from CVC 21212. A bicyclist contacted us to inform us that our language is out of date. Attachment 1 R-14-06 Page 14 of 25 502.6 Headsets and Earplugs. A person operating a bicycle, unicycle or similar device on District lands may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any person using a prosthetic device that aids the hard of hearing or any other medical device required to be worn for medical purposes. SECTION 503 CLIMBING 503.1 Climb In Designated Areas Only. No person shall climb or rappel on any rocks, boulders, caves, cliffs, any other geologic formations, or trees on District Lands except in Designated Area. 503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or bolts in rock, soil, trees or other natural or manmade features on District Lands in a designated climbing area unless specific written authorization has been granted by the District in advance. Violation of this sub-section is punishable as a misdemeanor. 503.3 Possession of Tools. No person shall possess tools used for installing anchors, bolts or clearing vegetation from geologic formations, including but not limited to wire brushes, scrapers, drills, or rock hammers on District Lands. except in a designated parking area, or with written permission. SECTION 504 TRESPASS ON DISTRICT LANDS: Trespass on District Lands is unlawful under Section 602 of the Penal Code. As defined in the Penal Code trespass includes, but is not limited to, destruction of property and unauthorized entry on to District Lands or private property. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. COMMERCIAL SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 601. GRAZING. Attachment 1 R-14-06 Page 15 of 25 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. 602.2 Possession of Tools. No person shall possess equipment, tools or supplies for the cultivation or removal of plant life including, but not limited to shovels, rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides, insecticides, or wheelbarrows on District Lands except in a designated parking area, or with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall conduct a filming operation involving the use of film equipment, lighting, props, or other similar materials, except for a single still, motion picture, video, digital or other camera, for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Violation of this sub-section is punishable as a misdemeanor. SECTION 604 COMMERCIAL USES. No person shall engage in commercial activities on District lands, without prior written permission from the District. Comment [GB21]: Note: Possession of tools related to trail construction is handled under section 703.4. Comment [GB22]: Covers activities such as scattering of cremated animal remains by a commercial service, or other activities where a product is not being sold. Attachment 1 R-14-06 Page 16 of 25 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING, FISHING, COLLECTING AND FEEDING. 700.1 Hunting. No person shall possess, hunt, pursue, molest, disturb, injure, trap, snare, take, net, poison, introduce, release or harm or attempt to hunt, pursue, molest, disturb, injure, trap, take, net, poison, introduce, release or harm any mammal or bird, or any other wild animal living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. This section shall include taking of any part of the mammal or bird. Violation of this sub-section is punishable as a misdemeanor. 700.2 Fishing. No person shall possess, take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any or attempt to take, fish for, net, molest, disturb, injure, poison, collect introduce, release or harm any fish, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit in any District Water Area except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. 700.3 Carry or Possess Fishing Equipment. No person shall carry, possess, set, leave or deposit any fishing equipment or similar devices in, on, or into any portion of District Lands or District managed body of water. 700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall possess, take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm or attempt to take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any reptiles, amphibians, or mollusks living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. 700.5 Collecting Insects. No person possess, shall take, net, collect, introduce, release, poison or attempt to take, net, poison, collect, introduce, or release any insects of or arthropods living or dead, or remove, destroy, or in any manner disturb the natural habitat of any such animal, except by written permit. 700.6 Feeding. No person shall feed any animal on District Lands or deposit any food, salt or edible material on any District Lands for that purpose without written permission. 700.7 Collection of Animal, Bird, or Reptile Parts. Except by written permit, no person shall take, collect, possess any animal, bird, or reptile body parts including, but not limited to: antlers, skulls, fur, bones, skin, or feathers. Attachment 1 R-14-06 Page 17 of 25 SECTION 701. ANIMALS. 701.1 Dogs. a) No person shall have more than three dogs per person within areas where dogs are allowed on District Lands. b) No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically trained to assist the blind, deaf, or disabled, and wearing an identifying vest or tag; 2) guide and service dogs in training to assist the blind, deaf, or disabled, and under physical control, and participating in a training program, and wearing an identifying vest or tag. 3) use authorized by written permit. c) Leash Required. No person shall allow or have a dog on District Lands, unless the dog is at all times under control, and on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The leash must be held by person responsible for the dog and must be made of material and construction sufficient to restrain the dog. Electronic or other “invisible leashes” do not meet the leash requirement. The self- retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: 1) Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; 2) Within 50 feet of any person that is not the person or persons who entered District lands with the dog; or 3) Within 50 feet of any District Water Area. 4) When the dog is not visible to the owner. Comment [GB23]: Language updated to meet current ADA requirements. Identifying tags/vest are no longer legally required to be worn by service dogs. Comment [GB24]: Deals with situation where dog goes around a corner of the trail, and obstructs bicyclist or other user while out of sight of the owner. Attachment 1 R-14-06 Page 18 of 25 d) Off-Leash Areas. Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of, its owner or person responsible for the dog. The owner or person responsible for the dog shall have a leash in his/her possession at all times. e) Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to: growling, excessive barking, attacking, biting, scratching, jumping on any person or animal, baring of teeth, or challenging in any manner, people, animals, or property. f) Dogs in Water Areas. No person responsible for a dog shall allow said dog to enter any District Water Area unless it is specifically designated to allow such entry. g) Dangerous Dog. No person shall allow or have on District Lands a dog that exhibits dangerous behavior including, but is not limited to: attacking, biting or causing injury to any person or animal. Violation of this section is a misdemeanor. 701.2 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. Violation of this sub-section is punishable as a misdemeanor. 701.3 Horses and Livestock. No person shall keep, raise or allow cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, written permit, or other entitlement of use granted by the District. Violation of this sub-section is punishable as a misdemeanor. 701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or other animal on District Lands, unless specifically permitted by another section of these regulations. 701.5 Removal of Animal Dog Excrement. No person responsible for an animal dog shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.6 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. Comment [GB25]: Deals with out of control and dangerous dogs. Comment [GB26]: Section is being limited to dogs, since cattle or horses may be grazed on District lands, subject to permit or lease. Attachment 1 R-14-06 Page 19 of 25 701.7 Depositing of Animal Remains. No person shall bury, leave, scatter or otherwise deposit animal remains on District lands, except for cremated animal remains as specified in Section 807. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall possess, damage, injure, take, place, plant, collect, or remove any plant, fungi, tree, or portion thereof, whether living or dead, including, but not limited to flowers, lichens, mosses, mushrooms, bushes, trees, tree limbs, tree branches, vines, grass, cones, seeds, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall possess, damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, any earth, rocks, sand, gravel, fossils, minerals, features of caves, or any object or artifact of geological or paleontological, interest located on District Lands. Violation of this sub-section is punishable as a misdemeanor. 702.4 Archeological Features. No person shall possess, damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of, archeological, or historical interest located on District Lands. Violation of this sub-section is punishable as a misdemeanor. 702.5 Special Permission. Special written permission may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials solely for research, interpretive, educational, or operational purposes. 702.6 Destruction of Habitat. No person shall remove, destroy, or in any manner disturb the natural habitat of any animal, bird, or reptile including, but not limited to: mammal, bird, fish, mollusk, reptile, amphibian, except by written permit. SECTION 703. UNLAWFUL DEFACEMENT, CONSTRUCTION AND MAINTENANCE. 703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark, or alter any natural or biological feature, or any fence, wall, building, Comment [GB27]: Deals with problems where animal remains have been found and mistaken for remains of a human child. Attachment 1 R-14-06 Page 20 of 25 monument, or other property on District Lands. Violation of this sub-section is punishable as a misdemeanor. 703.2 Unlawful Construction. No person shall encroach upon, erect, construct, install, or place or attempt to encroach upon, erect, construct, install, or place any structure, building, shed, fence, trail, road, culvert, drainage structure, bridge, jump, ramp, barricade, trench, barrier, fortification or wall, equipment, material, sign, banner, or apparatus of any type or for any purpose constructed of native or imported materials on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. Flagging, surveying, and marking conducted for the purpose of constructing or installing such features, shall be considered an attempt to erect, construct, install or place such features, and is prohibited. Violation of this sub-section is punishable as a misdemeanor. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, spraying, grading, or moving of any soils on District Lands or perform any such grounds maintenance for any purpose except by written permission. Violation of this sub-section is punishable as a misdemeanor. 703.4 Possession Of Construction Or Maintenance Tools And Supplies. No person shall possess any tools used for construction or maintenance on District Lands, including but not limited to shovels, McCleods, Pulaskis, mattocks, rakes, saws, axes, chainsaws, wood, hammers, nails, drills, saws, or similar equipment or supplies for the purpose of unlawful construction, maintenance or encroachment on District Lands except in a designated parking area, or with written permission. 703.5 Surveillance Systems. Installation or maintenance of surveillance systems on District lands, including wildlife cameras, or other similar encroachments is prohibited except where authorized by permit. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. RESERVED FOR FUTURE USE Comment [GB28]: Includes both temporary (i.e. temporary stages) and more permanent encroachments. Comment [GB29]: New issue which has arisen in the last couple of years. Potential damage to trees where cameras are affixed, and also concerns for privacy of visitors. Attachment 1 R-14-06 Page 21 of 25 SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by “NO PARKING,” or other posted signs; b) On or obstructing any fire road or fire lane; c) On or obstructing any trail; d) In such a place or manner as would block or obstruct any gate, entrance, or exit; e) In such a place or manner as to take up more than one marked parking space in any authorized parking area; f) In such a place or manner as to block or obstruct the free flow of traffic or to obstruct the ability to remove a parked vehicle; g) Within 15 feet of a fire hydrant; h) Adjacent to any curb painted red; i) On any District Lands after Official Hours as defined in Section 805.3 except pursuant to a written permit; j) In areas signed for permit parking on District Lands without a written permit; k) In any space designated for disabled parking in an unpaved parking lot, except when displaying a disabled placard as defined in California Vehicle Code. l) In any other place on District Lands not designated by the District as an authorized area. SECTION 802. OPERATION OF MOTORIZED VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motorized vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, all-terrain vehicles, off-road vehicles, mopeds, “dirt-bikes,” gas powered bicycles, and similar vehicles. Violation of this sub-section is punishable as a misdemeanor. 802.2 Exceptions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public for motor vehicle use during regular open hours. Comment [GB30]: Note: electric powered bicycles are covered under 409.9 Attachment 1 R-14-06 Page 22 of 25 SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle on District Lands at a speed greater than the posted speed limit, or as otherwise specified in any District Ordinance, rule or regulation. No person shall drive or operate a vehicle or motor vehicle, ride a horse, or ride a bicycle at a speed greater than reasonable given weather, visibility, traffic, presence of other users, surface and width of the trail or road, or which may damage natural or cultural resources or wildlife. 803.2 Reckless Driving. No person shall drive or operate any vehicle, motor vehicle, bicycle upon District Lands in willful or wanton disregard for the safety of persons, property, natural resources or wildlife. Such conduct shall constitute reckless driving. Violation of this sub-section is punishable as a misdemeanor. 803.3 Unsafe Driving. No person shall drive in an unsafe manner. This includes, but is not limited to: spinning of the vehicle, breaking traction and exhibition of speed. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing on District Lands for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS AND CLOSURES. 805.1 Authority for Closures. To ensure the safety and health of persons, to protect natural resources, to provide for proper planning of District Lands, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands, the Board of Directors, General Manager or his/her designee or an authorized representative may declare an area, trail, road, or facility closed, prohibited, or limited to further entry by the general public. Comment [GB31]: This section deals with the situation where there is the possibility of injury to other visitors or more severe damage to property. Comment [GB32]: This section deals with the situation where other visitors are not present, but the person may damage a parking lot by spinning donuts, etc. Attachment 1 R-14-06 Page 23 of 25 805.2 Types of Closures a) Temporary or Regular Closures. District employees may make temporary or regular closures of a portion of District Lands to the general public for public safety, or to deal with an immediate or ongoing management need. The declaration may include such reasonable classes of persons who may enter, in the conduct of authorized activities or official duties, as the General Manager or his/her designee or an authorized representative may prescribe. No person shall, without written permission issued by the District, enter or remain in an area of District Lands or facility designated as a Temporary or Regular Closure area. b) Sensitive or Hazardous Area Closures. No person shall, without a written permit issued by the District, enter or remain in an area of District Lands or facility designated as a Sensitive or Hazardous Area, and declared closed, prohibited, or limited by the General Manager or his/her designee or an authorized agent. Sensitive areas may include those with cultural, historical or biological significance. Such designation may include, but is not limited to, specified areas of land, trails, geologic or cultural features, facilities or structures. Violation of this sub-section is punishable as a misdemeanor. 805.3 After Official Hours Use Prohibited. No person shall enter or remain on District Lands after “Official Hours,” which are defined as the period of one- half hour after official Sunset to one-half hour before official Sunrise the following day without a written permit. The times for Sunrise and Sunset shall be determined by the U.S. Naval Observatory’s official postings for Los Altos, California. 805.4 Bicycle Operation After Hours. No person shall possess or operate a bicycle, unicycle, or similar device on District lands after Official Hours. 805.5 Posting of Closures. An area shall be considered closed when notice is posted at trailheads and gates officially designated and maintained by the District. 805.6 Failure to Vacate a Closed Area. No person Any person whoshall fails to leave a Closed Area, when notified of the closure by a District Peace Officerstaff member, or agent of the District,. Violation of this sub-section is punishable as shall be guilty of a misdemeanor. Comment [GB33]: Clarifies that only Peace Officers may enforce this, i.e. not an administrative staff person. Attachment 1 R-14-06 Page 24 of 25 805.7 Off Trail Use. No person shall enter or remain in an area off of a designated trail, when they are on District Lands in an area or preserve that has been designated or signed to prohibit off trail use. Violation of this sub-section is punishable as a misdemeanor. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of any prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the General Manager or his/her designee or an authorized representative. SECTION 807. SCATTERING OF CREMATED REMAINS 807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any cremated human or animal remains (cremains) without first having obtained a written permit from the District, and shall abide by the permit conditions which shall include, but not be limited to, the following conditions: a) The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling, within 500 feet of any creek, stream, or other body of water, or within 50 feet of any road or trail. b) Cremains must be scattered, must not be left in a pile, and must not be readily visible to the public. c) No containers for the cremains, identification tags, vases, flower pots, or other associated non-organic materials, or non-native plants, may be left at the site. d) No memorial, plaque, or other site marker may be left at the site. e) Any person scattering cremains on District lands shall possess and present a valid District permit when scattering cremains. f) The scattering of cremains for commercial purposes is prohibited. SECTION 808 AIRCRAFT & HELICOPTER OPERATIONS. 808.1 Except in the case of emergency or for search and rescue, or fire fighting or law enforcement operations no person shall land any aircraft including any airplane, helicopter, hot air balloon or any contrivance used or designed for flight in the air, excluding unpowered human flight as further authorized under these regulations, on District Lands except by written permit. Violation of this sub-section is punishable as a misdemeanor. Comment [GB34]: Increased to a misdemeanor given the danger to visitors and potential consequences of landing a helicopter without an established landing zone. Attachment 1 R-14-06 Page 25 of 25 SECTION 809 LITTERING. Littering or dumping on District Lands is prohibited by Section 374 of the Penal Code. Comment [GB35]: Recommended for removal. Having this section listed has been confusing since it is already covered by the Penal Code. Attachment 2 Midpeninsula Regional Open Space District Proposed Bail Schedule For New Regulations R-14-06 SECTION Regulation Title Pr o p o s e d 2 0 1 3 Ba i l A m o u n t 20 1 3 E s t i m a t e d Vi o l a t o r ' s F i n e A m o u n t Misdemeanor or Infraction Comment 200.5 Failure to comply with permit conditions $35 $184 Infraction Covers all forms of permits issued 407.5 Order to Vacate $75 $344 Infraction New regulation to deal with people who continue to be disruptive after having performed an additional offence. 409.8 Possession of District Lock or Key $100 $444 Misdemeanor New regulation to deal with people who use a District lock or key to gain illegal access to District lands or facilities. 409.9 Segways and Electric Bicycles $35 $184 Infraction New regulation deals with new technologies being used on District lands. 411.3 Obeying Signs $35 $184 Infraction New regulation requiring that posted signs be obeyed. 604 Commercial Uses $35 $184 Infraction New regulation which requires that all commercial activities occurring on District lands must obtain permit in advance. 700.7 Collection of Animal Parts $25 $144 Infraction New regulation dealing with collecting of antlers and other animal body parts. 701.1(g) Dangerous Dog $100 $444 Misdemeanor New regulation to deal with dogs which pose a danger to people and other animals. 701.7 Depositing of Animal Remains $35 $184 Infraction New regulation deals with problem of people who bury dead pets, which have been mistaken for human remains when animals dig them up. 702.6 Destruction of Habitat $100 $444 Infraction New regulation deals with problem of habitat destruction. 703.5 Surveillance Systems $35 $184 Infraction New regulation deals with people who have installed wildlife and other surveillance systems on District lands. 803.3 Unsafe Driving $75 $344 Infraction New regulation deals with lower level offence than 803.2, where there is no one else in the parking lot and damage is only to the surface of the parking lot. Attachment 3 Impact of Fines and Penalty Assessments on District Bail Amounts R-14-06 Santa Clara County Criminal Court Penalty Assessment Schedule 2013 Basic Bail $25 $35 $50 $75 $100 $150 $250 Penalty Assessment Amount State Penalty Assessment $10 for each $10 Bail $25.00 $35.00 $50.00 $75.00 $100.00 $150.00 $250.00 County Penalty Assessment $7 for each $10 Bail $17.50 $24.50 $35.00 $52.50 $70.00 $105.00 $175.00 20% Surcharge 20% added to all Bails $5.00 $7.00 $10.00 $15.00 $20.00 $30.00 $50.00 State Courthouse Funds $5 for each $10 Bail $12.50 $17.50 $25.00 $37.50 $50.00 $75.00 $125.00 Court Security Assessment $40 per citation $40.00 $41.00 $42.00 $43.00 $44.00 $45.00 $46.00 DNA Identification Fund (GC 76104.6) $1.00 for each $10 Bail $2.50 $3.50 $5.00 $7.50 $10.00 $15.00 $25.00 DNA Identification Fund - Additional (GC 76104 7)$3 00 for each $10 Bail $7 50 $10 50 $15 00 $22 50 $30 00 $45 00 $75 00DNA Identification Fund - Additional (GC 76104.7)$3.00 for each $10 Bail $7.50 $10.50 $15.00 $22.50 $30.00 $45.00 $75.00 Emergency Medical Services Penalty $2.00 for each $10 Bail $5.00 $7.00 $10.00 $15.00 $20.00 $30.00 $50.00 Emergency Air Medical Transport Penalty $4 per conviction $4.00 $5.00 $6.00 $7.00 $8.00 $9.00 $10.00 Total of Penalties $119.00 $151.00 $198.00 $275.00 $352.00 $504.00 $806.00 Total Fine including Basic Bail $144 00 $186 00 $248 00 $350 00 $452 00 $654 00 $1 056 00Total Fine, including Basic Bail $144.00 $186.00 $248.00 $350.00 $452.00 $654.00 $1,056.00 Percentage of Base Bail 476% 431% 396% 367% 352% 336% 322% O:\Bail Schedule\2013 Proposed Bail Schedule Changes\Court Penalty Asssessments - Santa Clara Criminal 2013.xlsx