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Home My Public Portal About20050223 - Agenda Packet - Board of Directors (BOD) - 05-04 i i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-04 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday, February 23, 2005 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. l. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case: Fogarty v Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV441934 2. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case: Midpeninsula Regional Open Space District v. Portola Investment Company, San Mateo County Superior Court Case No. CIV442786 3. Conference with Labor Negotiator iator, Government Code Section 54957.6 Agency Negotiators� —Craig Britton, Sally Thielfoldt Unrepresented Employees—Office, Supervisory and Management Staff 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—L. Hassett ADOPTION OF CONSENT CALENDAR—L. Hassett i Meeting 05-04 Page 2 it ADOPTION OF MINUTES—January 12, 2005 APPROVAL OF WRITTEN COMMUNICATION 7:35* SPECIAL ORDER OF THE DAY—RESOLUTION FOR WILSON, SONSINI, GOODRICH& ROSATI BOARD BUSINESS 7:40* 1 Approval of Santa Clara County Funding Agreement for the Purchase of the Keyani Property as an Addition to Monte Bello Open Space Preserve(Santa Clara County APN 3 51-16-02 1); Determine Recommended Actions are Categorically Exempt from CEQA; Adopt Resolution Authorizing Execution of Funding Agreement; Indicate Intention to Dedicate Property as Public Open Space— M. Williams 7:50* 2 Authorize all Board Members to Participate in This Year's Not-So-Annual Conference in Monterey; Authorize General Manager to Pay Each Director's Registration Fees and Out-of-Pocket Costs—C. Britton 8:15* 3 Appoint Vavrinek, Trine, Day&Co. as the District's Auditors for Fiscal Year 2005-2006 for Auditing Services for Fiscal Year 2004-2005; Authorize General Manager to Execute the Engagement Letter Agreement in the Amount of$18,500—M. Foster REVISED CLAIMS 9:25* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent 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. CLOSED SESSION CONTINUED(IF NECESSARY) 9:35* ADJOURNMENT TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED.AGENDA IS SUBJECT TO CHANGE OF ORDER. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS January 12, 2005 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 6:35 p.m. Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Ken Nitz, Pete Siemens (arrived at 6:40 p.m.) and Mary Davey Members Absent: Deane Little Staff Present: Craig Britton, Sue Schectman, Mike Williams II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Item 1 and 2. The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:35 p.m. The Board concluded the Closed Session at 7:25 p.m. REGULAR MEETING III. M. Davey called the Regular Meeting to order at 7:35 p.m. She announced that the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that the Closed Session would reconvene after the conclusion of the Regular Meeting. Additional Staff Present: Sally Thielfoldt, Del Woods, Mike Foster, John Maciel, Rudy Jurgensen Meeting 05-01 Page 2 IV. ORAL COMMUNICATIONS Ernst O. Meissner, 1327 Johnson Street, Menlo Park, talked about his interest in trails and open space and the gap in the Ridge Trail between Windy Hill and Russian Ridge. He suggested a trade of land with the Audubon Society and passed out a map showing the proposed areas for the trade. C. Britton said this was a desirable connection; however, Audubon is not able to convey a trail easement at this time because of the terms of the bequest. It is a matter of timing, but an exchange of land might be a key factor. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded the motion. Discussion: N. Hanko asked why there was no proposed reply to an email sent to the Board from George Cattermole. C. Britton stated staff would return to the next meeting with a written response. Discussion followed regarding changing the agenda title to "Communications to the Board" instead of "Written Communications." Vote: The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding Claims as follows: No. 1996, replacement of emergency exit signs; No. 2006, a service the District subscribes to for all assessors' parcel data. Motion: L. Hassett moved that the Board adopt the Consent Calendar, including minutes of the October 27, 2004 Special and Regular Meetings; Agenda Item 7, Amendments to District's Conflict of Interest Code, Adopt Resolution Amending District's Conflict of Interest Code; and Revised Claims 04-18. K Nitz seconded the motion. The motion passed 6 to 0 with K. Nitz abstaining on Claim #1997 and N. Hanko abstaining on Claim #2064. VII. BOARD BUSINESS A. Agenda Item No. 1 — Elect Board Officers for the 2005 Calendar Year— (Report R-05-01). S. Thielfoldt reviewed election procedures and distributed ballot packets. Meeting 05-01 Page 3 M. Davey called for nominations for President. K. Nitz nominated L. Hassett and J. Cyr seconded the nomination. N. Hanko moved that nominations be closed. P. Siemens seconded the motion. The motion passed 5 to 0 with L. Hassett abstaining. Following balloting, S. Thielfoldt announced that five ballots had been cast for L. Hassett. L. Hassett thanked Board Members for their vote. He introduced his wife and son who were in the audience. He recognized the outstanding job M. Davey had done as President in the previous year and highlighted some of the events that took place during her tenure. M. Davey responded, stating that this was the world's greatest board and staff. C. Britton added that this was one of the toughest years the District had ever had, citing the difficult hearings and completion of the annexation. He expressed thanks from the staff. L. Hassett called for nominations for Vice President. P. Siemens nominated J. Cyr. N. Hanko seconded the nomination. N. Hanko moved that nominations be closed. P. Siemens seconded the motion. The motion passed 6 to 0. Following balloting, S. Thielfoldt announced that six ballots had been cast for J. Cyr. L. Hassett called for nominations for Secretary. K. Nitz nominated N. Hanko. J. Cyr seconded the nomination. P. Siemens moved that nominations be closed. K. Nitz seconded the motion. The motion passed 6 to 0. Following balloting, S. Thielfoldt announced that six ballots had been cast for N. Hanko. L. Hassett called for nominations for Treasurer. N. Hanko nominated P. Siemens. J. Cyr seconded the nomination. J. Cyr moved that nominations be closed. L. Hassett seconded the motion. The motion passed 6 to 0. Following balloting, S. Thielfoldt announced that six ballots had been cast for P. Siemens. B. Agenda Item No. 2 — Approval of 2005 Legislative Consulting Services Agreement with Public Policy Advocates• Authorize General Manager to Execute the Legislative Consulting Services Agreement for Legislative Consulting Services in Sacramento— (Report -05-02). C. Britton presented the staff report. J. Cyr commented on the exemplary service provided by Ralph Heim with no increase in fee since 1989. P. Siemens agreed, stating that it was a nominal cost with a hundredfold return. Motion: J. Cyr moved that the Board authorize the General Manager to execute the Consulting Services Agreement with Public Policy Advocates for legislative consulting services in Sacramento. M. Davey seconded the motion. The motion passed 6 to 0. Meeting 05-01 Page 4 C. Agenda Item No. 3 - Dedication Status of District Lands, Adopt Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes — (Report R-05-05). C. Britton noted that D. Woods spent a lot of time on the project of analyzing district land purchases and was assisted by a volunteer who helped put the information in the database. D. Woods reviewed the staff report. Regarding the 13,000 undedicated acres at Sierra Azul, he said they were awaiting completion of the Master Plan. Motion: H. Hanko moved that the Board adopt Resolution No. 05-01 Dedicating Interests in Certain District Lands for Public Open Space Purposes. P. Siemens seconded the motion. Discussion: Ranger, A. Correia, said he was unclear about the dedication process. C. Britton explained the process and noted that it came under a section of the Public Resources Code. He talked about the reasons for dedication. Vote: The motion passed 6 to 0. D. Agenda Item No. 4 - Adoption of Ombudsperson Communication Guidelines — (Report R-05-06). N. Hanko presented the recommendations from the Legislation, Finance and Public Affairs Committee. Addressing K. Nitz's concern about Section A.1. of the guidelines, the section was changed to read, "The Board and staff may communicate with the Ombudsperson via her cell phone at (650) 219-5664, or via email." C. Britton passed out a copy of a proposed template for the Ombudsperson's email. He said this would also be the format for Board email. Board Members discussed the proposed template. K. Nitz said he did not think location should be a required field. K. Nitz asked if the Ombudsperson would appear at a meeting with the report mentioned in guideline A.3. By consensus, the Board agreed to delete the words "write a" from the first line of the guideline. Following additional discussion of making location a required field in the template, C. Britton said staff would try it the way it was proposed. Making it a required field at a later date could be a problem. J. Cyr said there would be a' Meeting 05-01 Page 5 review at the end of the year, adding that he trusted that the Ombudsperson could get that information from the contact. L. Hassett stated that the Legislative, Finance and Administration Committee would meet the following day and could discuss the template at that time. C. Britton said that would not be helpful because only three members of the Board would come back with a recommendation. He suggested having location as an optional field. By consensus, Board Members agreed to remove the asterisk indicating a mandatory field. Motion: M. Davey moved that the Board adopt the Ombudsperson Communication Guidelines as amended. J. Cyr seconded the motion. The motion passed 6 to 0. S. Thielfoldt expressed staff appreciation that the Board had approved this matter in a timely manner. E. Agenda Item No. 5 - Appointment of the Administration and BudjZet Committee Members for 2005 Calendar Year By the President With Consent of the Board (Report R-05-04). L. Hassett announced that he would like the Board's consent to appoint P. Siemens, M. Davey, and K. Nitz to the Administration and Budget Committee. Following some discussion of the appointments, L. Hassett tabled the matter until later in the meeting. F. Agenda Item No. 6 - Renewal of Investment Authority and Adoption of Revised Annual Statement of Investment Policy; Adopt Resolution to Renew District Controller's Investment Authority Until januajy 11, 2006 and Approve District's Revised Statement of Investment Policy-(Report(Report R-04-118). M. Foster outlined the recommendations and talked about the changes made to the investment policy. He commented that it is still considerably more restrictive than the State code. Motion: J. Cyr moved that the Board adopt Resolution No. 05-02 Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by the Government Code. M. Davey seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 (Continued) Following discussion of the policy regarding service on standing committees, L. Hassett reiterated his original choices for appointment to the committee. Meeting 05-01 Page 6 Motion: J. Cyr moved that the Board consent to the President's appointment of P. Siemens, M Davey, and K. Nitz to the Administration and Budget Committee for the 2005 calendar year. N. Hanko seconded the motion. The motion passed 6 to 0. VIII. INFORMATIONAL REPORTS J. Cyr: 1. He pointed out an article in the Smithsonian Magazine regarding weeds. 2. He had pieces from the plane that crashed on District land. Someone he knew gave j them to him and he wants to turn them over to the District. M. Davey: 1. She had an invitation to participate in the League of Women Voters- sponsored forum on conservation easements on February 6. 2. She attended a meeting regarding a potential open space initiative for Santa Clara County. Bob Girard, who helped create this District, is going into the community to talk about the initiative to preserve open space, ridgelines, and riparian areas in the County. She hoped he would make his presentation to the Board and that the District would be supportive. K. Nitz said he had seen no notification at Pulgas about knocking down the sewage treatment plant and building the staging area. R. Jurgensen said that he did not know when that would occur, but it would be soon. M. Williams said they were in the process of obtaining demolition and grading permits. K. Nitz thought the notices should go up stating it was going to happen. N. Hanko talked about some of the problems people who use the District's web site are having. C. Britton: 1. He had an invitation to a meeting of Silicon Valley Index on January 27. 2. He referred to a KQED presentation called "Coastal Clash" which had aired. He had DVD copies of the show. 3. He asked Board Members to sign copies of the District book. 4. There had been a management retreat that was a precursor to developing the action plan. J. Maciel noted that C. Roessler attended the Sudden Oak Death meeting mentioned in the FYIs. IX. ADJOURNMENT At 9:15 p.m., the meeting was adjourned to a reconvened Special Meeting Closed Session to discuss Closed Session Items 1 and 2. The Closed Session reconvened at 9:30 p.m. and adjourned at 9:43 p.m. At 9:45 p.m., Larry Hassett publicly announced that no reportable actions had taken place. Roberta Wolfe Recording Secretary DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Re: Proposed Trail Connection Between Windy Hill and Russian Ridjze Open Space Preserves � Dear MrMoimmncc � � Thank YOU for your letter of February 4, 2U05 regarding your interest iuufuture trail connection between Windy Hill and Russian Ridge Open Space Preserves. The District's Board ofDirectors � agrees that u1rai| connection between tbceo two preserves is highly desirable in both providing safe offroudtrail access aawell as providing acritically important missing link in the Bay Area � Ridge Trail. � � For several years, District staff has pursued potential trail connections in this area and, indoing � so, has worked u|ono|y with other trail agencies and organizations, including the Bay Area Ridge � � Trail, San Mateo County Parks Department and Portola Valley Trails Committee. lnun effort to find a feasible trail connection on either the east or west side of Skyline Boulevard, it has been � � determined that potentially conflicting land uses appear to be one of the largest constraints in � reaching agreement with private property owners. CuU|c are currently grazing the land tothe � west and tile land to the east has been developed oouvineyard. � Although tile concept of exchanging land on the west side of Skyline Boulevard would be of interest tothe District, it ia Our understanding the property owner and cattle ranch operator are hesitant ut this tione and are not interested in allowing a public trail tu be developed between � Skyline Boulevard and tile cattle pasture. This ia not to say such un alignment would not he � feasible in the future so, rest assured, District staff remains committed to continuing our efforts in seeking an appropriate trail alignment on either side of Skyline Boulevard. � Again, thank you for taking the time to express Your interest in this trail and v/c hope that before � long we will he able to provide you with more encouraging ncv/a regarding this important trail � connection. � Sincerely, � Lurry8uaaett President of Board uFDirectors cc L. Craig Britton, General Manager Midpeninsula Regional (}omn Space District Board ofDirectors i EQUESTRIAN TRAIL RIDERS' ACTION COMMITTEE 'M 1327 JOHNSON STREET-MENLO PARK,CA 94025 February 0 , 2005 RECEIVED Mid Peninsula Regional Open Space District Attn. Larry Hassett, President FEB 0 7 2005 330 Distel Circle Los Altos, CA 94022-1404 AIDPENINSULA REGIONAL OPU, SPACE DISTRICT Ref: Trail Connection Opportunity. Dear President Hassett and members of the Board Thank you for the opportunity,to present the idea of connecting Russian Ridge and Windy Hill Open Space Preserves to your Board on January 12, 2005. I confirm my vision is a 7/10 mile multi-use trail corridor on the west side of highway 35, (approximately 100 feet wide), that would physically connect Russian Ridge and Windy Hill preserves. Said trail would offer spectacular views of the coastal hills and the ocean and could become an important segment of the Bay Area Ridge Trail. Add to which, equestrians would finally be able to ride safely between the two preserves. To attain this goal, I believe a land-swap is a solution tlon that respects g s the wishes of the P P Audubon land donors and works within current deed restrictions. It would be a win/win concept for the two main property owners involved, (MPROSD and the Audubon Society) allowing the Audubon Society to exchange a strip of land along Highway 35 for property of perhaps much greater environmental value and habitat preservation potential. It is my hope that your experienced staff in joint effort with the Audubon Society can find a suitable parcel of land that you already own or may acquire contiguous to the Audubon land,for the purpose of this exchange. I look forward, with interest, to your response. Sin ely, Ernst O. Meissner Chairman, ETRAC A COALITION OF EQUESTRIAN ORGANIZATIONS: COAST SIDE HORSE COUNCIL-JBH CAMP AD HOC COMMITTEE-LOS ALTOS HOUND-LOS VIAJEROS RIDING CLUB-MOUNTED PATROL OF SAN MA`I'EO COUNTY-PORTOLA VALLEY TRAILS ASSOCIATION SAN FRANCISCO HORSEMEN'S ASSOCIATION- SAN MATEO COUNTY HORSEMEN'S ASSSOCIATION THE SHACK RIDERS-WOODSIDE TRAILS CLUB 02/08/2005 11:58 6503250479 ERNST 0 MEISSNER PAGE 02 7 :1 Z Hil i J 11 V 5L Preserve Y V lve J: N" J % V.\ A V Z -Q, A \j Audubon Society V 1K. I% A- m) VV A: A k4,—J W7 J Ridge Ow apme Preserve N 'j N-N Midpeninsula Regional pen Space District Portions of Windy Hill and Russian Ridge Open Space Preserves .42P Seals 1 12000 Data Sources: MROSD,San Mateo County 0 2S0 500 1,000 11600 2.000 Feet )raft 12 29.04 i RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT EXPRESSING APPRECIATION OF THE LAW FIRM, WILSON, SONSINI, GOODRICH & ROSATI FOR THEIR PRO BONO WORK ON THE PURCHASE OF THE GUADALUPE LAND CO. PROPERTY WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District finds that its ongoing relationship with the law firm of Wilson, Sonsini, Goodrich, and Rosati continues to be of great value to open space protection throughout the San Francisco Midpeninsula region; and WHEREAS, without the dedicated and competent legal assistance of Brad O'Brien and Jenna Jones,the purchase and preservation of the Guadalupe Land Co. property, an extremely valuable and beautiful natural resource located in Santa Clara County, would not have been possible; and IIF WHEREAS, the land and natural resources of the Guadalupe Land Co. property represent a unique opportunity to preserve a rare strain of serpentine rock, which provides an excellent environment for an unprecedented display of native wildflowers during the spring months, and an opportunity for residents of the San Francisco Midpeninsula region to study, enjoy, and observe this beautiful land and its stunning serpentine rock outcropping; and WHEREAS, the law firm of Wilson, Sonsini, Goodrich, and Rosati was very generous in providing many hours of pro Bono legal assistance of Brad O'Brien and Jenna Jones and should be highly commended for assisting not only the District but other key organizations in the Bay Area, who, without their help, would not be successful in achieving their community goals, including environmental preservation; and WHEREAS, Brad O'Brien and Jenna Jones share personally and professionally the District's goal of preserving the environment for public enjoyment and low impact recreation and the District appreciates and is grateful for their significant efforts in ensuring that this key property is now preserved in perpetuity; and WHEREAS, in special recognition of the fact that Brad O'Brien is an avid bicyclist, and has recently recovered from a biking accident which thankfully did not occur on District Land, the District would be happy to invite Brad to bike on the District's designated biking trails but requests, due to the accident prone nature of this courageous solicitor, that he first sign a legally valid release and waiver of all liability; and NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby offer its sincere gratitude and appreciation to Wilson, Sonsini, Goodrich, and Rosati, Brad O'Brien and Jenna Jones, for their commitment toward our common goal of open space preservation, and for their hard work in providing pro bono legal services to make the purchase of the Guadalupe Land Co. property become a reality. I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-18 Meeting 05-04 February 23, 2005 AGENDA ITEM I AGENDA ITEM Approval of Santa Clara County Funding Agreement for the Purchase of the Keyani Property as an addition to Monte Bello Open Space Preserve(Santa Clara County APN 351- -021) ------------- GENERAL MANAGER'S RECOMMENDAT-IO14'&, 1. Determine that the recommended actions are categorically exempt from th—eCal�a Environmental Quality Act(CEQA)as set out in this report. 2. Adopt the attached Resolution authorizing the execution of the Funding Agreement with the County of Santa Clara towards the purchase of the Keyani property including conveyance of an Open Space Easement over the Keyani Property to the County. 3. Indicate your intention to dedicate the property as public open space,which supersedes your decision of December 15, 2004. DESCRIPTION Lee attached map) At your meeting of December 15,2004,you approved the purchase of the 100-acre Keyani property as an addition to Monte Bello Open Space Preserve(see Report R-04-125). The County,after further discussions with staff from the Santa Clara County Parks and Recreation Department, and considering their recommendation to the Parks Commission Acquisition Committee,has agreed to contribute $275,000 toward the District purchase of this 100-acre property,which is 50%of the total $550,000 purchase price. The funding agreement will be submitted to the County Board of Supervisors for final County approval in March 2005. The County and the District have long been cooperating to purchase properties and trail rights on the north side of Stevens Canyon in order to complete the Stevens Creek Trail to connect Stevens Creek County Park to Upper Stevens Creek County Park and Monte Bello Open Space Preserve. In exchange for the County's contribution,the County will receive an open space easement over the entire 100-acre property. The open space easement requires that the property be maintained in a natural condition and that the District dedicate the property as public open space. This dedication requirement will necessitate a change in the Preliminary Use and Management Plan. The easement also requires the District to submit any future proposed significant improvement plans to the County for advisory review and to consult with the County on any future Master Plans that include the subject property. USE AND MANAGEMENT PLAN The Preliminary Use and Management Plan you previously adopted at your December 15,2004 meeting is amended to indicate your intention to dedicate the property as public open space. The property will be MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To find your place in Open Space call 415-691-1200 a -�-� nal O en S ace Rego p p R-05-18 Page 2 dedicated in December as part of the annual dedication report in accordance with the Board's Dedicated Lands Policy. CEOA COMPLIANCE This transaction was determined to be categorically exempt from the California Environmental Quality Act (CEQA)at your December 15,2004 meeting. The findings detailed in the prior staff Report (see Report R-04-30)remain in effect and unchanged. The project now also includes the conveyance of an open space easement to the County of Santa Clara to preserve and maintain the open space nature of the property. The District further concludes that the project is exempt under Article 19, Section 15317,which exempts the establishment of easements in order to maintain the open space character of an area. The District concludes that the action proposed in this report does not constitute a change to the project, which would result in any additional impact on the environment. Prepared by: Michael C. Williams, Real Property Manager Maps prepared by: Matt Sagues, Open Space Planner I Contact person: Michael C. Williams, Real Property Manager i RESOLUTION NO. 05- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF THE FUNDING AGREEMENT WITH THE COUNTY OF SANTA CLARA AND EXECUTION OF AN OPEN SPACE EASEMENT,AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION(MONTE BELLO OPEN SPACE PRESERVE—LANDS OF KEYANI) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Funding Agreement between the County of Santa Clara and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the General Manager or President of the Board of Directors or other appropriate officer to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors,or other appropriate officer,is authorized to execute the attached Open Space Easement conveying certain real property rights by the District to the County of Santa Clara as provided in said Agreement. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the County. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. I Key anj Acquisition e,0 Keyani Addition r (100 Acres) r-j �� a Stevens Creek ' o�u Perk ''r v _ t � °R Stevens Creek County Park m gad Est es ,Y ti \ .{ 1 � `l - x� \ �• i � ,� f ��/lam \ ;�r f � � � ' � \: Stevens Canyon Ranch'(POST) , \ \ — - / ; / C a' G9PmjectWMome_BelWK.y-i/Koya i_BR712_14_05 ms 0 `750 1,500 3,000 e. Feet Regional Open Space ...,_.---""-_•___.�....___. '.""""--+ate " -,.--..--.�_. ._. w '-�...,,,-.,,,... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-19 Meeting 05-04 February 23, 2005 AGENDA ITEM 2 AGENDA ITEM Authorize all Board Members to Participate in This Year's Not-So-Annual Conference in Monterey and Cove r the Directors Registration Fees and Out-of-Pock t Costs GENERAL MANAGER'S RECOMMENDATLON ~ Authorize all Board members to attend the Not-So-Annual Conference and further authorize payment of Board members' registration fees and out-of-pocket costs. DISCUSSION The District is co-hosting the "Not-So-Annual" Conference with the Monterey Peninsula Regional Park District from May 18-20, 2005, in Monterey, California. These conferences are designed for Board 00 et. se . o f the California Public s and senior staff of special districts, maim q member p Y formed under 55 Resources Code Section, to discuss issues of general interest to regional park and open space agencies. True to its name, these conferences are held on a not-so-annual basis. The last conference took place in October 2001 in Point Reyes and was hosted by Marin County Open Space District. What makes the meetings unique, and incredibly valuable to the District's Board members and senior staff, is the chance to exchange information, opinions, strategies and solutions with peers on common issues and problems, and to get new ideas and gain insights into common issues. The objective of the upcoming meeting, which will be the 10`h Not-So-Annual Conference, is to give Board members a chance to interact with directors and senior staff of other similar regional agencies and allow directors to familiarize themselves with issues that directly impact the District—such as the success and failure of several recent funding measures, successful strategies for managing trail conflicts and so forth. The registration fee is expected to be $95 per person and the out-of-pocket costs, including lodging, could amount to an additional $300 per person. Attendance of a majority of the members of the Board at a conference open to the public to discuss issues of general interest to participating public agencies is permissible,provided any discussion of specific District matters is limited to the scheduled program. Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Craig Britton, General Manager Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-20 Meeting 05-04 February 23, 2005 AGENDA ITEM 3 AGENDA ITEM Appoint Vavrinek, Trine, Day & Co. as the District's Auditor for Fiscal Year 2004-2005 CONTROLLER'S RECOMMENDATIONS Appoint Vavrinek, Trine, Day & Co. (VTD) as the District's auditors for fiscal year 2004-2005 and authorize the General Manager to execute the engagement letter agreement in the amount of $18,500. DISCUSSION Macias, Gini and Company served as the District's auditor for the last five years. District staff believes it is time to begin a new long-term audit relationship. Accordingly, a Request for Proposal for Auditing Services was prepared and distributed on January 14, 2005 to six local accounting firms. We received five proposals from the following firms: CG Uhlenberg LLP, Caporicci & Larson, Maze & Associates, R.J. Ricciardi and Vavrinek, Trine, Day & Co. Vavrinek, Trine, Day & Co. has been providing auditing services to special districts, city and county governments and local education agencies since 1948 and is currently providing services to more than 350 governmental agencies and special districts. VTD proposed audit fees of $18,500 for Fiscal Year 2004-05; $20,000 for Fiscal Year 2005-06 and $22,000 for Fiscal Year 2006-07. VTD's proposed fee for the current fiscal year was the lowest of the five firms and its total fee for three years was within 1% of the lowest projected total. Staff evaluated in detail the proposals of the two firms proposing the lowest fees. Analysis of these proposals and reference checks clearly indicated that VTD is superior in company resources, continuity of staff, schedule performance and in partner involvement. References consistently indicated that VTD and the proposed VTD partner are the best auditors the agency had ever utilized. Therefore, we recommend that Vavrinek, Trine, Day & Co. be appointed as District auditors for the fiscal year 2004-2005. Prepared by: Michael Foster, Controller Contact person: Same as above Regional Open Sp.ee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I�;ISIYI`[I'NG =0 YFARS OF 011EN SPA( F PRF.SI`RVIVIA 7N TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: February 23, 2005 RE: FYI's 33o Dixtel Circle 650-6g1-12oo Info@openspace.org BOARD Of DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Lox Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett Kenneth C.Nitz L.Craig Britton Regional Open Sp..-.-,e INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION To: C. Britton, General Manager From: M. Williams, Real Property Manager Date: February 18, 2005 Subject: B & C Davidson Family Limited Partnership Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on January 27, 2005 and title to and possession of this 62.74-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15, 2004 DEDICATION&AC UISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date & & Grantor Acres (Fee,Easement,Lease, & Area A.P.N. Mgmt Agreement) Res.No. Sierra Azul Santa Clara B&C Davidson December 15,2004 Family Limited 62.74 Fee 04-45 Mt.Umunhum 575-12-008,575-12-012 Partnership Mgmt.Status: Dedication Date& Closing Date (Open,Closed,CMU, Status(Intended or Type Purchase Price GIS Code or Other) Withheld) January 27,2005 Closed Withheld Cash $500,000 Misc.Notes: Operations: Replace cyclone fence/gate at entry off Hicks Road with standard gate and/or fencing. Restore the roads to a natural condition where appropriate,and correct drainage problems on roads to remain in use. Board of Directors approved$10,000 for restoration. cc: Board of Directors Administration Operations Accounting Planning 33o Distel Circle Public AQgrg9,-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hossett,Kenneth C Nitz L.Craig Britton FOR IMMEDIATE RELEASE February 22, 2005 POST Acquires 183-Acre Property in Half Moon Bay Unnamed Parcel Presents Excellent Opportunity to Honor Funding Donor Menlo Park, Calif. - The Peninsula Open Space Trust (POST) has acquired 183 acres of scenic land on the San Mateo Coast that may one day serve as a link in an extensive trail network from Skyline Ridge to the Pacific Ocean. Rising between Lobitos and Tunitas creeks four miles southeast of Half Moon Bay, the property climbs up wooded valleys and grassy slopes, culminating in a long, narrow ridge with ocean views. The sloping land features I scrub-covered knolls, lush meadows, redwood groves, eucalyptus stands, and a winding, willow-lined creek. It was purchased from a private owner for $2.25 million as part of POST's $200 million Saving the Endangered Coast campaign. "We are extremely pleased to be protecting the natural integrity of this land," said POST President Audrey Rust. "If POST had not acquired it, two sprawling trophy homes could have been built on the flat areas along the ridge top. Any development would have been highly visible from neighboring ridgelines and would have impeded possible future hiking connections between the Bay Area Ridge Trail and the California Coastal Trail." POST succeeded with the purchase and is now focused on raising funds through its Saving the Endangered Coast campaign to cover the cost of acquiring this land. POST hopes that a donor, or group of donors, will come forward with a major contribution and create an opportunity to name the parcel. "This is exceptionally beautiful land that presents a perfect opportunity for someone who values open space protection to make a real difference," said Rust. "It's a fitting legacy for anyone committed to preserving the wild and rural character of our local natural lands for all time." The property was originally part of the Canada de Verde Y Arroyo de la Purisima Spanish Land Grant in 1865. The property's upper reaches offer dramatic views of the ocean, Lobitos Ridge, Bald Knob, and the Lobitos and Tunitas creek valleys. Irish Ridge, the windswept divide between the two creeks, crosses the southeast portion of the property at an elevation of about 1,200 feet. Most of the land lies on the northwest flank of this ridge, which slopes down steeply to Lobitos Creek. The property is adjacent to two other open space parcels: POST's Lobitos Ridge property across the creek, and the Purisima Creek Redwoods Open Space Preserve, managed by the Midpeninsula Regional Open Space District (MROSD). A striking diversity of habitats flourishes here, including open northern coastal scrub, a mixed redwood and Douglas fir forest, eucalyptus plantings, and a half- mile riparian corridor, which provides important steelhead trout habitat and spawning areas. Portions of the property have previously been logged. The acquisition adds to the growing network of protected lands on the San Mateo Coast. The property is a likely addition to MROSD's Purisima Creek preserve, which already contains 7.2 miles of trail from Skyline Ridge all the way down to the property. In the future, another 4-mile trail addition could extend through the new acquisition, continuing out to the coast, where it would connect with the California Coastal Trail. POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the organization has been responsible for saving nearly 55,000 acres as permanent open space and parkland in San Mateo and Santa Clara Counties. Included in that total are 14,259 acres of coastal land POST has protected in the last four years through its $200 million Saving the Endangered Coast campaign. -30- For further information contact Kendra Muscarella at 650-854-7696 or . kmuscarella@o ens acetrust.or p P g II Claims No 05-04 Meeting 05-04 Date 02/23/05 Revised Midpeninsula Regional Open Space District i # Amount Name Description 2153 $1,722.79 Allied Auto Works Vehicle Service and Repair 2154 $24.00 American Red Cross CPR Training Supply 2155 $126.48 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 2156 $3,042.20 BNY Western Trust Company Note Paying Agent Fees-2004 Revenue Bonds 2157 $126.23 Browning-Ferris Industries Garbage Service 2158 $140.00 Brush Road Corporation Road Association Dues-Hunt Property 2159 $2,025.00 California JPIA Management Academy-Basics of Effective Supervision 2160 $179.17 California Water Service Company Water Service 2161 $165.00 Cambria Corporation Computer Consulting Services 2162 $82,181.25 Casey Construction Pulgas Ridge Staging Area Project 2163 $141.21 Clean Source Janitorial Supplies 2164 $478.50 Cresco Equipment Rentals Scaffolding Rental-FFO Shop 2165 $10.24 CSK Auto Vehicle Supplies 2166 $69.65 Decatur Electronics,Inc. Radar Certification&Repair 2167 $23.00 Department of Motor Vehicles 2005 Vehicle Code Books 2168 $10,519.49 EDAW,Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwood OSP 2169 $383.72 Emergency Vehicle Solutions,Inc. Equipment Repairs 2170 $1,041.10 Environmental Science Associates Consulting Services-Environmental Review 2171 $224.26 Fitzsimons,Renee Reimbursement-Docent Potluck 2172 $18.67 Foster Brothers Lock&Key Services 2173 $54.73 G&K Service Shop Towel Service 2174 $13,026.00 Gary Ifland&Associates,Inc. Surveyor Services-Presentation Center 2175 $344.43 Goodco Press,Inc. Printing Services-Business Cards 2176 $44,156.00 Guadalupe Land Co. Guadalupe Land Co.Management Costs 2177 $616.00 Harris Construction Construction Services-SFO 2178 $215.80 Hasler Financial Services,LLC Postage Meter Supply 2179 $273.04 Honda Peninsula Field Supplies 2180 $81.19 Interstate Traffic Control Product Sign Posts 2181 $165.60 Jobs Available,Inc. Recruitment Ad-Ranger 2182 $1,000.00 Kevin Emery Builder Water Heater Replacement-Hosking Barn 2183 $25.98 Kinko's Printing Services 2184 $19.27 Kwik Key Lock&Safe Co.Inc. Keys Services 2185 $288.63 Langley Hill Quarry Base Rock 2186 $180.26 Lausten,Tom Reimbursement-Uniform Expense 2187 $300.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 2188 $54.00 Le's Alterations Uniform 2189 $98.67 LexisNexis Legal Publications 2190 $421.50 Los Altos Garbage Co. Refuse Services 2191 $155.26 MetroMobile Communications Radio Repairs 2192 $52.48 Minton's Lumber&Supply Field Supply 2193 $133.68 Noble Tractor,Inc. Tractor Supplies 2194 $6.50 Northern Region Headquarters Timber Harvest Plan Photocopy 2195 $75.00 NSCCAPA Recruitment Ad-Planning Tech. 2196 $1,320.89 Office Depot Office Supplies Page 1 of 3 Claims No 05-04 Meeting 05-04 Date 02/23/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2197 $705.00 Old Republic Title Company Title&Escrow Fee-City&Co.of San Francisco 2198 $4,238.85 Pacific Watershed Associates,Inc. Trail&Road Assessment-Skyline Ridge&Long Ridge OSP 2199 $338.10 Page&Tumbull Construction Drawings&Services-Picchetti Ranch Winery Building 2200 $160.00 Palo Alto Upholstery Vehicle Upholstery Repair 2201 $565.21 Pape' Material Handling Maintenance Supply 2202 $227.33 Peninsula Digital Imaging Printing Services 2203 $139.15 Petrotek Fuel Pump Repairs 2204 $80.00 Plassmeyer,David Reimbursement-CPR Training 2205 $8.00 Rancho Cobbler&Cleaners Uniform Patch Application 2206 $25.28 Rancho Hardware&Garden Shop Field Supplies 2207 $39.02 Rayne Water Conditioning Water Conditioner Service 2208 $220.00 Redwood Mechanical&Plumbing Co. Heater Repair-Annex Building 2209 $1,352.91 Roy's Repair Service Vehicle Repairs&Service 2210 $740.82 San Jose Water Company Water Service 2211 $30.00 San Mateo Co.Public Health Lab. Tick Testing 2212 $2,348.00 `1 Santa Clara County Planning Building Permit-Picchetti Winery Seismic Upgrade 2213 $57.13 SBC Payment Center Telephone Service 2214 $453.65 '2 Shell Credit Card Center Fuel 2215 $14,255.43 Shoreline Printing&Graphics,Inc. Printing Services-Spring Newsletters 2216 $5,383.04 Shute,Mihaly&Weinberger LLP Legal Services 2217 $6,740.90 Smith System Driver Improvement Advanced Driver Training Institute,Inc. 2218 $302.02 Summit Uniforms Uniform Expense 2219 $118.40 Sunnyvale Dodge Truck Repair 2220 $1,055.96 Target Specialty Products Field Supplies 2221 $120.00 Team Management Briefings Annual Subscription 2222 $64.00 Terminix Pest Control 2223 $3,740.00 Timothy C.Best,CEG Consulting Services-ECDM Road Assessment 2224 $10,200.00 Timothy C.Best,CEG Consulting Services-La Honda Creek&Russian Ridge OSP Road Assessment Tires n th 2225 605.77 es o e Go Tires&Tire Repair United Parcel Service Parcel Shipping 2226 $18.70 U pp g 2227 $952.61 United Rentals Highway Tech. Signs 2228 $182.00 West BayElectric Inc. Electrical Repair-Hoskin Barn P 9 2229 $81.02 West Payment Center On-Line Legal Subscription 2230 $7,600.00 "3 Western Press&Mail Postage-Spring Newsletters 2231 $10.60 Wolf Camera Film Development 2232 $86.74 Xpedite Fax Broadcast System Services 2233 R $100.00 Board of Equalization Water Rights 2234 R $404.31 "4 Carpenter Rigging of San Jose Field Supplies 2235 R $11,296.12 Design,Community&Environment Master Planning Services-La Honda Creek Open Space Preserve 2236 R $184.89 Green Waste Recovery,Inc. Garbage Service 2237 R $54.83 Paterson,Loro Reimbursement-Field Supply Page 2 of 3 Claims No 05-04 Meeting 05-04 j Date 02/23/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2238 R $307.82 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 2239 R $73.06 Roddenberry,Jonas Reimbursement-Mileage 2240 R $74.68 San Mateo County Tax Collector Property Tax Payment-POST#6 Redwood Park Property 2241 R $137.06 Valterria,Thomas Reimbursement-Uniform Expense Total $241,585.28 *1 Urgent Check Issued 02/14/05 *2 Urgent Check Issued 02/14/05 *3 Urgent Check Issued 02/16/05 *4 Urgent Check Issued 02/22/05 I Page 3 of 3 Regional Open S .-4.e ------------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CA-A FS7t'FINC, 10 YFA6.S 01: 0111°v SPAt;C PHLSIA4 4'AF E N TO: Board of Directors Y FROM: L. Craig Britton, General Manager DATE: February 18, 2005 RE: FYI s I 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 Ego-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton Regional Open Sp xe INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: C. Britton,General Manager CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION j From: Thomas W. Fischer,Land Protection Specialist t �� Date: January 4,2005 D Subject: Open Space and Conservation Easement over San Mateo County Assessor's Parcel Number 079-200-030(Northern California Presbyterian Homes& Services Property),Windy Hill Open Space Preserve The Open Space Easement and Conservation Easement was recorded on December 21,2004 for the 3.837-acre Open Space Easement and the 1.957-acre Conservation Easement over a portion of The Sequoias' property. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations,recordation marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15,2004. The District's easement monitoring team will perform the annual monitoring inspection. DEDICATION/AC UISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres Fee,Easement,Lease, Date/Res.No. M mt A mt. g g ) Windy Hill San Mateo County NCPHS 3.837 Open Space Easement December 15,2004 079-200-030 +1.957 Conservation Easement Res.No.04-48 5.794 Mgmt.Status: Dedication Date/ Closing Date O Type Purchase Price GIS Code or Other)pen Status: Closed CMU (Intended YP Withheld) December 21,2004 No public access Intended Exchange 0.00 Misc.Notes: 1. District&Northern California Presbyterian Homes&Services exchanged the following easements: a. District conveyed to NCPHS a permanent Berm Easement of 0.10-acres over District APN 076-340-100. b. District received from NCPHS an Open Space Easement and a Conservation Easement. The Land Protection Program is responsible for the annual easement inspection. c. District conveyed to NCPHS a Landscape License for vegetation on District land adjacent to District/MROSD boundary. d. District conveyed to NCPHS a Permit to Enter enabling PG&E and SBC to underground existing aerial utility lines. 2. Operations/Planning coordinate construction and landscaping with NCPHS cc: Board of Directors Administration Operations Resource Management Accounting Planning Public Affairs 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton A- ?,.«..... -----vnyuiai ric=aayc----- From: Tim & Katy Jordan [mailtr' �ianconst@earthlink.net] Sent: Tuesday, December 14, 2 1:24 AM To: OpenSpaceNeighbors@yahooyioups.com; kingsmtn@yahoogroups.com; millions@cabrillo.kl2.ca.us Subject: [OpenSpaceNeighbors] Agenda &schools OK Friends, Those of you who do not think that the open space effects Cabrillo Unified School District: If you scroll down on the agenda for tomorrow night at their Board meeting to the following: 8:3017 (Adopt Resolution Authorizing President of the Board of Directors to I I * I (Execute Agreement to Exchange Interests in Real Property in the I ( I (Redwood Park Subdivision Area of Purisima Creek Redwoods Open Space I I I ( Preserve (San Mateo County APNs 067-186-180, 067-175-060, 067-175-010 , I 1 1 1067-174-120, 067-174-010, 067-172-020, 067-172-010 and 067-122-130, 1 I I ILands of Stienstra, et al. THIS IS LAND IN MY NEIGHBORHOOD ON KINGS MOUNTAIN, WHICH DIRECTLY EFFECTS THE REVENUE OF CABRILLO UNIFIED SCHOOL DISTRICT. If anyone from Kings Mountain attends this meeting, please ask why these lands are under consideration. Katy Jordan -----Original Message----- From: Mary Bordi <mscontrary@pobox.com> Sent: Dec 13, 2004 6:28 PM To: OpenSpaceNeighbors@yahoogroups.com Subject: [OpenSpaceNeighbors] Agenda I wasn't sure how soon (or if) anyone was going to post the agenda for the Dec. 15 board meeting so here it is. You can take a look yourself at http://www.openspace.org/about us/meet_inas.asp 12/14/2004 i Regional Open Sp_-..-e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 15, 2005 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Katy Jordan KMA Treasurer HMB-PAC Board Member 156 Madrone Trail Woodside, CA 94062-4612 Dear Ms. Jordan, Thank you for your recent e-mail correspondence regarding the Cabrillo Unified School District's tax funding. We'd like to thank you for sending us your thoughts and take this opportunity to respond to your questions and comments. I would like to start by clarifying that the approval of the District's Coastside Protection Program merely extended the District's boundary to include San Mateo County coastside lands. The Program does not automatically remove any private lands from the tax roll. Instead, the Program calls for purchasing approximately 12,000 acres over the next 15 years from willing sellers only. Any tax impacts will be limited to those District purchases. (This information is also provided in the Program's Service Plan available on the District's Web site www.openspace.org.) How la rge e are those tax impacts g p is going to be? The Fiscal Impact Analysis for the P Coastside Protection Program also available on our Web site shows that the total tax revenue loss to San Mateo County over a 15-year period is estimated to be $90,000. This represents an average annual tax loss of$6,000 to all agencies combined over the 15-year period. The reason this amount may seem small is because approximately 80 percent of lands purchased by the District will already have been removed from the tax rolls by the existing non-profit or public agency owners. To give you some background on this issue, when the District drafted the Coastside Protection Program, we contacted all 38 tax supported agencies within the Program area. We did this for the specific purpose of requesting that these agencies advise the District of any potential adverse impacts that might result from the proposed Program. Only two agencies, the La Honda Pescadero Unified School District and the San Mateo County Fire Department, responded with comments and concerns. In your e-mail, you voiced concern that the exchange of land between a private owner and the District,proposed during the District's December 15, 2004 Board of Director's meeting, would reduce the tax-collected funds for Cabrillo Unified School District. For your information, the properties involved in this exchange transaction were within the District's boundaries prior to completing of the Coastal Program. However, regarding the tax loss impact on the Cabrillo Unified School District in this particular case, we 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton believe that the land exchange is likely to increase the total taxes collected. Here's why: the private property to be transferred to the District accounted for a total of$6.14 in annual taxes for the Cabrillo Unified School District during the 2004 assessment year. The District land to be transferred to the private party has been tax-exempt for many years and did not provide any funds for the school district. After the exchange, however, the District land will increase the land size of the private party's residential lot which may very well trigger a re-assessment of the residential property. This process would actually increase the property taxes such that the contribution towards the Cabrillo Unified School District will therefore be greater than the $6.14 previously paid. The state budget crisis has created some very tough times for many California public agencies. As with other local agencies,the District has been subject to significant tax take-aways to help mitigate shortages in state revenues. As an agency that is committed to furthering and conducting environmental education,we, too, are concerned about school districts. But, the Midpeninsula Regional Open Space District was created by voters for the sole purpose of purchasing and protecting open space lands; the financial support of schools is therefore entirely outside of the District's mission. The District is also barred from providing this kind of funding support from a legal standpoint, because, by law, one public agency cannot give taxpayer funds to another agency except in the furtherance of the granting agency's chartered purpose. A possible avenue to consider for securing additional funding for school districts may therefore be to pursue a tax over- ride measure by the local voters. All public agencies would benefit from changing the state law relative to the super majority requirements for additional tax funding, which appears to be at the root of the state and local government's tax funding crisis. The District has a strong history of providing educational activities on the existing preserves, and encourages all school districts, including the Cabrillo Unified School District, to take advantage of these programs. Sin erely, L. Craig Britton General Manager cc: MROSD Board of Directors 2 Regional Open Sp :e 1 INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION To: C. Britton, General Manager / From: M. Williams, Real Property Manager Date: February 14, 2005 Subject: Hayes Property Addition to El Sereno Open Space Preserve Escrow closed for the subject transaction on January 19, 2005 and title to and possession of this improved 1.52-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15, 2005. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area _ � County/A.P.N. __-Grantor -____ Acres (Fee,Easement,_Lease, __=Date/Res.Noy =-_ Mgmt Agmt.) El Sereno Santa Clara Phil&Barbara 1.52 Fee December 15,2004 510-27-007 Hayes 04-47 Dedication Date/ Mgmt.Status: Status: Closing Date (Open,Closed,CMU, (Intended Type Purchase Price GIS Code or Other) Withheld) January 19,2005 Closed Intended Cash $950,000.00 Misc.Notes: Operations&Planning: The Board of Directors approved$50,000 for repair of the wood decking surrounding the house. The Real Property Department will coordinate this repair work. Operations: The Overlook Drive entry gate to be replaced with a standard District gate and pedestrian stile. Emergency access to be enabled for Montgomery Highlands homeowners holding easement rights. Planning:Put in future Work Plan to design Permit Parking area on Overlook Drive on this site beyond the house. cc: Board of Directors Administration Operations Accounting Planning Public Affairs 330 Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gr0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hossett,Kenneth C Nitz L.Craig Britton Regional Open SF ;e INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION To: C. Britton, General Manager From: M. Williams, Real Property Manager Date: February 16, 2005 Subject: City and County of San Francisco Property Addition to Pulgas Ridge Open Space Preserve Escrow closed for the subject transaction on February 10, 2005, and title to and possession of this 5,162 square foot(0.12 acres)parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of June 23, 2004. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res.No. Mgmt Agmt.) Pulgas Ridge San Mateo City&County of 0.12. Fee June 23,2004 Portion of 093-150-020 San Francisco 04-20 Dedication Date/ Mgmt. Status: Status: Closing Date (Open,Closed,CMU, (Intended or Type Purchase Price GIS Code or Other) Withheld) February 10,2005 Closed Intended Gift Gift Misc.Notes: 1. On February 10,2005,a lot line adjustment and Quitclaim Deed were recorded in San Mateo County completing the conveyance of this 0.12-acre parcel to the District. The Quitclaim Deed includes a provision that the property be dedicated as public open space and recreational purposes in accordance with Section 5540 of the Public Resources Code. 2. The conveyance of this small parcel enables the District to proceed with the construction of the Board-approved,20-car parking and staging area to the preserve. 3. As part of this transaction,the District also received a revocable trail permit connecting the proposed parking area to the Cordilleras Trail. cc: Board of Directors Administration Operations Accounting Planning Public Affairs 33o Distel Circle 650-691-I200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton e ional Open Sp,,.,-e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 16, 2005 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Ms. Sara Denzler Program Coordinator Department of Water Resources Division of Planning and Local Assistance Urban Streams Restoration Program P.O. Box 942836 Sacramento, CA 94236-0001 RE: Urban Streams Restoration Program Grant Application—Adobe Creek Upper Reach 5 Restoration Project Dear Ms. Denzler: Please accept this letter of support from Midpeninsula Regional Open Space District for the referenced project. The Santa Clara Valley Water District and the Adobe Creek Watershed Group are seeking to obtain funds from the California Department of Water Resources Urban Streams Restoration Program. The District preserves and protects nearly 50,000 acres of land, and supports other environmental groups looking to restore and protect natural resources important to the communities within our region. As such, the District recognizes that the Adobe Creek is important to the residents of Los Altos and Los Altos Hills and is categorized as Open Space Conservation in the General Plan of Los Altos Hills. The funds awarded to the Santa Clara Valley Water District and the Adobe Creek Watershed Group from the Urban Streams Restoration Program will enable them to protect habitat while effectively addressing flooding and erosion problems along Adobe Creek in both Los Altos and Los Altos Hills benefiting local residents as well as the community at large. An award of the requested grant enables these organizations to significantly further their goal of protecting Adobe Creek, a major environmental resource Thank you for you thoughtful and positive consideration of this grant application. Sin er ly, L. Craig Britton General Manager Cc: MROSD Board of Directors i 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton �so" Csi+s Regional Open Sp,,,.:e February 16, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION NE NPE-A Amendment Planning Team Bureau of Land Management(930) Alaska State Office 222 West 7th Avenue Anchorage, Alaska 99513-7599 Attn: Northeast NPR-A Amendment Planning Team Dear NE NPR-A Amendment Planning� g Team: This letter is submitted to the Bureau of Land Management as a public comment on the revised oil and gas leasing plan for the northeastern National Petroleum Reserve—Alaska as proposed in the agency's January 2005 final environment impact statement. As General Manager of the Midpeninsula Regional Open Space District, I am deeply concerned about the area around Teshekpuk Lake, which is unique and one of the most important wetlands in the entire Artic ion.re P g I urge you to adopt Alternative A, the No Action Alternative, and maintain full protection for what is now the Teshekpuk Lake Surface Protection Area. This extraordinaryarea provides critical habitat for molting geese from three countries and a vitally p g g Y important herd of caribou harvested by Alaska Natives living on the North Slope. Scientific evidence shows that the geese gathering to molt near Teshekpuk Lake are highly sensitive to disturbance, and BLM's proposal to open all of the wetland habitats north of the lake is completely inadequate. BLM's revised plan will have the effect of fragmenting management and protection of this critical wildlife habitat. Even with the protective stipulation proposed by BLM, the result will be a spider web of oilfield development that degrades wildlife habitat and disturbs geese and caribou. Eighty- seven percent of the northeastern Reserve is already open to oil and gas companies for leasing, and about 1.4 million acres are under lease now. Although I do not oppose additional oil and gas development in the Reserve, the oil that may be under the area north of Teshekpuk Lake is not going anywhere and there is no new science indicating that the sensitive areas now closed to leasing can be opened safely. It would be a mistake to risk the internationally significant ecological resources of Teshekpuk Lake for short-term energy supplies, especially when we know that the United States cannot drill its way to energy independence. I urge you to choose Alternative A, No Action, in the northeastern Reserve to protect its incredible value for birds and wildlife for future generations. Si erely, L. Craig Britton _ General Manager cc: MROSD Board of Directors 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton MEETING OF THE BOARD OF DIRECTORS OF GUADALUPE LAND COMPANY AGENDA Thursday, February 3, 2005, 2:00 P.M 330 Distel Circle, Los Altos 2:00 ROLL CALLA NTRO DUCT IONS: L. Craig Britton, Sally Thielfoldt, and Mike Foster 2:05-2:55 BUSINESS: 2:05-2:30 1 Review corporate maintenance procedures, including amended and restated articles of incorporation, bylaws, and obligations of board members. (a) Discuss notice requirements (b) Review contents of Minute Book (c) Discuss other corporate"housekeeping" matters 2:30-2:40 2. Approve banking resolutions; authorize bank account for the Company. GLC authorized two officers to choose bank. 2:40-2:45 3. Approve engagement letter with Frank, Rimmerman & Co. LLP. Approved. 2:45-3:15 4. Review and approve budget for 2005 fiscal year. Approved. 3:15-3:20 5. Review and approve General Liability/D&O policy the CJPlA. Approved. 3:20-3:25 6. Authorize payment of insurance policy with North American Title Company, management fee to Midpeninsula Regional Open Space District. Approved. 3:25-3:30 7. Discuss filing of tax returns(including addressing change of ownership in returns) Frank, Rimmerman to prepare tax returns; change of ownership forwarded to Santa Clara County. 3:30-3:35 8. Authorize filing of property tax notification of Santa Clara County. Approved. 3:35-3:40 9. Discuss and approve capitalization procedures. 3:40-3:45 NEXT MEETING DATE/CLOSING COMMENTS 3:45 ADJOURNMENT COYOTE ALERT A coyote has been recently observed following cyclists and equestrians in Fremont Older Open Space Preserve r r C. r Please take the following safety precautions: • Do not feed coyotes =� • Do not leave any food or garbage out • Do not approach coyotes • Keep children close to you � . Kee dogs on a leash .r p g t r • Do not turn your back on or run from coyotes Coyotes are common in this region. "l'heti resemble a small • If a coyote approaches you, yell and <y Nyi h hexception f 1 ng n Genna�i shepherd do� t t e o a o � snout v r arms wave your a s and bushy, black-tipped tail. Because they are extremely y adaptable. coyotes can loose their natural fear of humans To learn rnor-e about coyotes, visit the California Department which might lead to conflicts with people and harm to of Fish and Game's website at www.df, ca.tlov D b humans and coyotes. Please report any unusual coyote behavior or persons feeding coyotes to: Midpeninsula Regional Open Space District at 650.691 . 1200.