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Home My Public Portal About20010101 - Agenda Packet - Board of Directors (BOD) (16) Midpeninsula Regional Open Space District Meeting 10-32 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING 330 Distel Circle Los Altos,California Wednesday,November 17, 2010 CLOSED SESSION MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT-56:00 P.M. REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M. SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY BEGINS AT 7:15 P.M. ANIENDEDAGENDA SPECIAL MEETING 1-5�i:00- SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION ROLL CALL 4- Closed Sessiotiwith Real Porepefty Neeotialot- Gafifofnia Goveiiiiiiet-4 Rea! Pfopeffy Oftemileett- rflqpC'i4, Hal, —f)tyn- --te Ilig way 92, san Mateo Acil -,,A CottntyAPNs 0-56-450-0 10 and(4-56 Agetiey Net !.11: �otiatof N4 i eh ael V"i --ii.S, "I, I i Orefty N4aftagef -.1-. —-11. "V�Pan.- . ... .. 641der N"0611-M."OH pfiee and Teffiis ef Real pf-eff—, 6.8 27 RefllPfoVet4y1'-,--1:--- fli feffilia 6 e Yeffiffi,-fI4 G—le 495 eft! Pro"ty Ffid ofzklafnitas Ageney �4egetiater Nfielitiel Williafns, Real Pfopefty klaiiagef 4asen Balftban, owfie I-44.det i eg-fialieft Pt,i ee and 4--e-r-f Real Pfopet4y 1. Closed Session with Real Property Negotiator-Califomia Government Code§54956.8 Real Property-Fireman's Road, Santa Clara County APN 558-26-005 Agency Negotiator-Michael Williams,Real Property Manager Negotiating Party-Howard May and Tyler Drae,Owners Under Negotiation-Price and Terms of Real Property Transaction 4- Conf�fetieeivvifh Refl! Pfepetly Ne etiataf Cali4bfnia Govef Pfope-y .575rAl ad, La 1 lotnda -C-ffWoffftft-. San Nht+eo-C:4ttrrtAf1N 080 :380#-�o Ageney Negotia!of k4tehael Williams', Re 9ef Cttfol idef Negotiation Pfiee and Tenn,,of R-1 P-1... SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION-CONTINUED s1 Conference with Real Property Negotiator—California Government Code§ 54956.8 Real Property— Located off of Soda Springs Road approximately three miles east of Lexington Reservoir along the south side of Loma Almaden Road,a private road,near its junction with the end of Soda Springs Road, Santa Clara County APN 562-31-001 Agency Negotiator—Michael Reeves,Real Property Specialist Negotiating Party—Karen Price,Owner; Carol Payne,Owner's Representative Under Negotiation—Price and Terms of Real Property Transaction REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL ** ORAL COMMUNICATIONS-PUBLIC ** ADOPTION OF AGENDA 7:05* CONSENT CALENDAR I. Approve Minutes of the Regular and Special Board Meetings-None 2. Approve Revised Claims Report PP p 3. Approve Written Communications—F. Mann-Craik 4. Authorization to Purchase One(1)Mini Excavator and One(1)Skid Steer Tractor at a Total Cost Not to exceed$95,000—D. Topley 7:10* BOARD BUSINESS 5. Public Hearing and Resolution Relating to Issuance of 2011 Revenue Bonds and Related Documents— S.Abhors and M. Foster ADJOURNMENT TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING 7:15* SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 1. Approval of Issuance of approximately$54 million, and not to exceed$60 million,of Midpeninsula Regional Open Space District Financing Authority 2011 Revenue Bonds.Authorization for the Executive Director to Execute the Bond Purchase Contract with Stone&Youngberg LLC, and other Aareements Required for Bond Issuance—S. Abbors and M. Foster 7:20* RECONVENE TO THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PUBLIC SESSION BOARD BUSINESS 6. Accept Applications from Persons Eligible for Appointment to the Office of Ward 2 Director,and Determine Whether to Screen Applications or Waive the Screening Process-M. Radcliffe 7. Informational Update on Preferred Alternative for Public Access at Mount Umunhum in Sierra Azul Open Space Preserve—M. Manning BOARD BUSINESS-CONTINUED 8. Authorization to Amend a Contract with Restoration Design Group, LLC for an Additional$15,100 to Continue Providing Graphic and Desi=Consulting Services for the Mount Umunhum Restoration and Public Access Project—L.Bankosh 9. Award of Contract with 1HI Environmental to perform Third Party Monitoring of the Remediation Project at the Fortner Almaden Air Force Station on Mount Umunhum—G. Coony 10. Approval of Agreement with the County of Santa Clara for District's Management of Rancho San Antonio County Park and Determine that the Recommended Action are Exempt from the California Environmental Quality Act—G. Baillie 11. Presentation of the Resource Management Grant Program Three-Year Update and Recommended Policy Amendments,and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)—G. Basson 12. Authorization to contract with Callander Associates Landscape Architecture,Inc.,in an amount not to exceed$83,980 for planning and environmental review consulting services in connection with preparing a conceptual plan for a Bement of the Bay Trail at Ravenswood Open Space Preserve; Adopt a Resolution to Authorize a contract with the Association of Bay Area Governments(ABAG)to accept$40,000 in Grant Funding from the State Coastal Conservancy to help fund this planning effort,Determine that the Recommended Actions are Exempt from the California Environmental Quality Act(CEOA)—M. Reeves 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 *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change oforder. 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. 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 Distcl Circle,Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing aLaigns le(Lagenda for the Special and Regular Meeting of the MROSD Board of Directors and the Special Meeting of the District Financing Authority was posted and available for review on November 15,2010,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.ol2etispace.org. Signed this 15'h day of November,at Los Altos,California. District Clerk November 15,2010 Midpeninsula Regional ! ' Open Space District Meeting 10-32 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING 330 Distel Circle Los Altos,California Wednesday,November 17, 2010 CLOSED SESSION MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M. REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M. SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY BEGINS AT 7:15 P.M. AGENDA SPECIAL MEETING 5:00* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL 1. Closed Session with Real Property Negotiator—California Government Code§54956.8 Real Property—One mile east of the City of Half Moon Bay and south of State Highway 92, San Mateo County APNs 056-450-010 and 056-450-030 Agency Negotiator— Michael Williams, Real Property Manager Negotiating Party—Walter Moore,Vice President,Peninsula Open Space Trust Under Negotiation—Price and Terms of Real Property Transaction 2. Closed Session with Real Property Negotiator—California Government Code§54956.8 Real Property—End of Alamitos Road, Santa Clara County APNs 562-23-005 and 562-22-039 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Jason Balaban,Owner Under Negotiation—Price and Terns of Real Property Transaction 3. Closed Session with Real Property Negotiator—California Government Code§54956.8 Real Property—Fireman's Road, Santa Clara County APN 558-26-005 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Howard May and Tyler Drae,Owners Under Negotiation—Price and Terms of Real Property Transaction 4. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—5755 Alpine Road,La Honda,California, San Mateo County APN 080-380-030 Agency Negotiator—Michael Williams, Real Property Manager Negotiating Party—Carol Silva,Owner,Thomas Spiisbury,Owner's Representative Under Negotiation—Price and Terms of Real Property Transaction SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION-CONTINUED 5. Conference with Real Property Negotiator--California Government Code § 54956.8 Real Property -- Located off of Soda Springs Road approximately three miles east of Lexington Reservoir along the south side of Loma Almaden Road,a private road,near its junction with the end of Soda Springs Road, Santa Clara County APN 562-3 1-001 Agency Negotiator—Michael Reeves, Real Property Specialist Negotiating Party— Karen Price,Owner;Carol Payne,Owner's Representative Under Negotiation—Price and Terms of Real Property Transaction REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- PUBLIC SESSION ROLL CALL ORAL COMMUNICATIONS-PUBLIC ADOPTION OF AGENDA 7:05* CONSENT CALENDAR 1. Approve Minutes of the Regular and Special Board Meetings-None 2. Approve Revised Claims Report 3. Approve Written Communications—F. Mann-Craik 4. Authorization to Purchase One(1) Mini Excavator and One(1) Skid Steer Tractor at a Total Cost Not to exceed$95,000—D.Topley 7:10* BOARD BUSINESS 5. Public Hearing and Resolution Relating to Issuance of 2011 Revenue Bonds and Related Documents— S.Abbors and M. Foster ADJOURNMENT TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING 7:15* SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 1. Approval of Issuance of approximately$54 million,and not to exceed$60 million,of Midpeninsula Regional Open Space District Financing Authority 2011 Revenue Bonds;Authorization for the Executive Director to Execute the Bond Purchase Contract with Stone&Youngberg LLC, and other Agreements Required for Bond Issuance—S. Abbors and M. Foster 7:20* RECONVENE TO THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PUBLIC SESSION BOARD BUSINESS 6. Accept Applications from Persons Eligible for Appointment to the Office of Ward 2 Director,and Detennine Whether to Screen Applications or Waive the Screening Process-M. Radcliffe 7. Informational Update on Preferred Alternative for Public Access at Mount Umunhurn in Sierra Azul Open Space Preserve—M. Manning gill s BOARD BUSINESS-CONTINUED 8. Authorization to Amend a Contract with Restoration Design Group, LLC for an Additional $15,100 to Continue Providing Graphic and Design Consulting Services for the Mount Umunhum Restoration and Public Access Project—L. Bankosh 9. Award of Contract with IHI Environmental to perform Third Party Monitoring of the Remediation Project at the Former Almaden Air Force Station on Mount Umunhum—G. Coony 10. Approval of Agreement with the County of Santa Clara for District's Management of Rancho San Antonio County Park and Determine that the Recommended Action are Exempt from the California Environmental Quality Act—G.Baillie 11. Presentation of the Resource Management Grant Program Three-Year Update and Recommended Policy Amendments,and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA) -—G. Basson 12. Authorization to contract with Callander Associates Landscape Architecture,Inc., in an amount not to exceed$83,980 for planning and environmental review consulting services in connection with preparing a conceptual plan for a segment of the Bay Trail at Ravenswood Open Space Preserve;Adopt a Resolution to Authorize a contract with the Association of Bay Area Governments(ABAG)to accept$40,000 in Grant Funding from the State Coastal Conservancy to help fund this planning effort;Determine that the Recommended Actions are Exempt from the California Environmental Quality Act(CEQA)—M. Reeves 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 *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE Ro,4RD: 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. 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 art 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 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meeting of the MROSD Board of Directors and the Special Meeting of the District Financing Authority was posted and available for review on November 12,2010,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 httr)://www.or)ensuace.org. Signed this 12°i day of November,at Leis Altos,California. District Clerk November 12,2010 F Claims No. 10-23 Meeting 10-32 Date 11/17/10 Revised Midpeninsula Regional Open Space District j # Amount Name Description i 13966 $20,827.50 Restoration Design Group Site Planning Services For Mt. Umunhum 13967 $5,110.00 Knapp&VerPlanck Preservation Bear Creek Stables Historic Architecture Assessment Architects 13968 $2,574.06 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 13969 $2,425.00 Koff&Associates Classification&Compensation Study-Draft Class Revisions And Presentation To Board/Data Collection From Comparators 13970 $1,196.28 Acterra Wetland Plants For Pond Restoration 13971 $864.39 Lowe's Refrigerator For Rental Residence 13972 $799.28 Recology South Bay Wood&Metal Recycling Dumpsters-FFO 13973 $468.00 Pro-Installers Chimney Cleaning-Rental Residence 13974 $465.30 Mallory Company Safety Glasses&Gloves 13975 $385.00 Aaron's Septic Tank Service Pumping Services-Stevens Canyon 13976 $200.00 Hugg,Tina Reimbursement-American Society Of Landscape Architects Membership Dues 13977 $193.35 Cartridge World Printer Cartridges 13978 $188.12 Orlandi Trailer Trailer Supplies&Parts For Repairs 13979 $185.20 BMI Imaging Systems Microfiche Reader Repair 13980 $183.00 Monster Mechanical HVAC Service-AO 13981 $180.00 Jim Davis Automotive Smog Checks 13982 $173.51 Allied Waste Services Garbage Service-Rental Residences 13983 $160.60 Summit Uniforms Uniform Expenses 13984 $159.99 Cabela's Uniform Expense 13985 $147.08 Coblentz, Patch, Duffy&Bass Continued Legal Services For Federal Trademark Of The District's Logo 13986 $145.49 CMK Automotive Vehicle Maintenance&Repairs 13987 $130.48 Langley Hill Quarry Base Rock For Rental Residence Driveway Repairs 13988 $115.00 Orkin Pest Control Services-Annex 13989 $103.36 West Payment Center Legal Research Fees 13990 $82.68 California Water Service Company Water Service-Rental Residences 13991 $68.88 Barron Park Supply Supplies For FFO Equipment Shed/Drill Bits For Rental Residence Repairs 13992 $63.25 Bruce Barton Pump Service Parts For Rental Residence Water System 13993 $54.08 Trout Bach, Rebecca Reimbursement-Binoculars For Patrol Truck 13994 $29.50 Foster Brothers Keys For RSA 13995 R $7,297.98 Granite Rock Company Rock Delivery For Rental Residence Driveway Repairs/Concrete For Thornewood Puncheon 13996 R $6,134.31 Pape'Machinery Dozer Rental-Thornewood Trail Improvement Project 13997 R $2,200.01 Tadco Supply Janitorial Supplies 13998 R $407.53 Peterson Tractor Company Mini Excavator Servicing 13999 R $345.56 California Water Service Company Water Service-FFO 14000 R $342.50 Williams, Michael Reimbursement-Cell Phone&Mileage 14001 R $293.66 Waste Management Treated Wood Waste Disposal 14002 R $230.25 McKowan, Paul Reimbursement-Volunteer Expenses&Mileage 14003 R $127.51 Davison,Steve Reimbursement-Uniform Expense 14004 R $109.02 Parry, Rick Reimbursement-Uniform Expenses 14005 R $87.96 Lausten,Tom Reimbursement-Uniform Expenses 14006 R $60.00 Department Of Pesticide Regulation Qualified Applicator Certificate-Renewal Fee 14007 R $60.00 Beckman,Craig Reimbursement-Cell Phone 14008 R $56.15 Baldzikowski, Matt Reimbursement-Copies Made Of CDF Historic Timber Harvest Maps 14009 R $25.25 Rayne Of San Jose Water Service-Fremont Older Page 1 of 2 Claims No. 10-23 Meeting 10-32 Date 11/17/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 14010 R $22,94 Summit Uniforms Uniform Expense 14011 R $11.00 Radcliffe,Michelle Reimbursement-Mileage Total $55,490.01 Page 2 of 2. - Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 17, 2010 Re: Written Communications i -----Original Message----- From: manncraik@gmail.com (manncraik@gmail.com) Sent: 26-Oct-2010 09:01:24 Subject: 10/26/2010 - manncraik@gmail.com - Contact Board First Name: Frances Last Name: Mann-Craik Phone Number: 408-868-9577 Email Address: manncraik@gmail.com Comments: Dear Larry, I'd like to learn if there's a way of opening up the Long Ridge Trail for neighbors, who live adjacent to the trail, to hike with their dogs. i I live on Skyline Blvd. I have no where to walk my dog without getting in a car and driving somewhere - yet there is a wonderful park right next to me. (I guess I could hike on the only street - SR35 - but it's a 55 MPH highway and not safe. ) If I lived in the Valley, I could walk out my front door and take a walk. But I don't. I live on the mountain and next to a park. And because of that, I can't just go for a walk. I don't want to walk the trails alone - mountain lions and a guy with a gun assaulting women on the trail at Castle Rock Park, keep me from doing that. I understand that the trails are open for bikes, and horses, but for some reason, not for dogs. Perhaps there could be a limitation that would allow locals to use adjacent trails. Or a limitation to weekdays or early in the morning, etc. I understand there is a "good neighbor" policy. Could the good neighbor policy extend to good neighbors with dogs? BTW there are many neighbors with the same question. Most of us have dogs, and all of us who do wonder why we don't have the rights of others who can walk in their own neighborhoods. Thank you, Frances Mann-Craik 11885 Skyline Blvd. 408-868-9577 I GENERAL MANAGER Stephen F.A>bars Regional 0penSpace 1 Midpeninsula Regional Open Space District ( BOARD OF DIRECTORS Pete Siemens !unary Davey Jed Cyr Curt Riffle Nenette Hanko Larry Hassett Cealy Harris Frances Mann-Craik 11885 Skyline Blvd. manncraikggmail.com Dear Ms. Mann-Craik, I received your e-mail of October 26,2010,and recognize your desire to have a place to walk your dog near your home on Skyline Boulevard. You may not be aware that although the Long Ridge Trail is closed to dogs, a portion of Long Ridge Open Space Preserve currently allows dogs on leash. The section that is open to dogs begins at the Peters Creek Trailhead on Skyline Boulevard,travels down to and up the Bay Area Ridge Trail where you can then take the fire break back to the trailhead(approximately a 1.5 mile loop). Providing dog access on District Preserves was a long process that started with a"Dog Access Program Evaluation Report"dated September 27, 1994. Following that report and through June 9, 1999,nine District Preserves were opened to dogs on leash, with one preserve providing an area for dogs off leash. The other Open Space Preserves that are opened to dogs are Coal Creek,Foothills, Fremont Older,a portion of Long Ridge,Pulgas Ridge(includes a 15 acre off leash area), Sierra Azul, St.Joseph Hill, Thornwood, and approximately 2/3 of Windy Hill. Prior to the opening of those preserves,dog use on District lands had not been allowed because of the negative affect it could have on wildlife observation and other visitors. However,because of the interest expressed by some District constituents who wanted the opportunity to take their dogs out with them on hikes, it was decided that the District should look into the appropriateness of providing dog use opportunities on some of its preserves. The process set criteria establishing strategic location of preserves opened to dogs throughout the District to allow for equal opportunity of travel by users and a measurement of resource impact,attempting to minimize the affect on sensitive areas. Included in the decision was a commitment to maintain a majority of the preserves without dogs for better wildlife observation, and to continue to provide opportunities for visitors to not to have to experience dogs during their experience in the preserve wildland areas. At this time,the Board of Directors feels that the District has balanced opportunities for visitors to bring their dogs out for walks on the specified preserves. Although the opportunities are not always convenient for all neighbors to be able to access District land with dogs from their property,we do feel there are close opportunities that require a short drive. In your case,the Long Ridge Open Space Preserve area is within a mile,Coal Creek is approximately three miles north, and Windy Hill is about six miles north of your residence. Thank you for your continued interest in the District. Sincerely, Larry Hassett President,Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 1 r 650.691.1200 1 r 650 691.0485 I www openspace.arg j Midpeninsula Regional ' Open Space District I R-10-132 Meeting 10-32 November 17, 2010 AGENDA ITEM 4 AGENDA ITEM Authorization to Purchase One(1) Mini-Excavator and One(1) Skid Steer Tractor at a Total Cost Not to exceed $95,000 GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a purchase contract with California Department of General Services and contract equipment dealers for one(1) mini- excavator and one (1) skid steer tractor at a total cost not to exceed $95,000. DISCUSSION The District's five-year capital equipment schedule provides for funds to replace the Skyline Field Office's mini-excavator purchased in 2002 and the Foothills Field Office's skid steer tractor purchased in 1991. Mini-excavators are the primary equipment used for trail construction and trail maintenance. The mini- excavator, manufactured by Caterpillar Tractor, is small enough to access the District's single-track trails. This allows staff to utilize the mini-excavator for trail maintenance projects including culvert replacement, retaining walls, and trail tread repair. The skid steer tractor, manufactured by Bobcat, is used extensively to auger holes for gates and fences, to move materials at field office and job sites, and for general trail and road maintenance. The mini-excavator and skid steer tractor that meet the District's specifications are available through the California Department of General Services, California Multiple Award Schedule (CMAS) contracts. The CMAS program allows the District to use competitively awarded state contracts and to purchase the equipment directly from the vendor. The District's ability to purchase equipment through the Department of General Services CMAS program provides a significant price discount and greatly reduces the amount of staff time that would otherwise be required if the District conducted a separate bid process. The District, utilizing cooperative purchasing agreements, has purchased vehicles and equipment through the California Department of General Services for many years and has been very satisfied with the results. R-10-132 Page 2 FISCAL IMPACT i This purchase will not result in an incremental increase in the budget. The FY2010-11 budget includes $95,000 for the purchase of a replacement mini-excavator and skid steer tractor. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No environmental review is required as the recommended action is not a project under CEQA. NEXT STEP If approved by the Board, staff will prepare a purchase order for the mini-excavator and skid steer tractor utilizing the State of California Department of General Services CMAS contracts. Prepared by: David Topley, Support Services Supervisor Contact person: Same as above i t Midpeninsula Regional • ' Open Space District R-10-139 Meeting 10-32 November 17, 2010 AGENDA ITEM 5 AGENDA ITEM Public Hearing and Resolution Relating to Issuance of 2011 Revenue Bonds and Related Documents GENERAL MANAGER AND CONTROLLER'S RECOMMENDATION 1. Hold a public hearing and adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District making required public benefit findings, , approving the issuance of lease revenue bonds by the Midpeninsula Regional Open Space District Financing Authority (Financing Authority) to finance the acquisition of open space and to refinance an outstanding lease obligation. 2. Approve related documents and actions. 3. Authorize the General Manager to execute such documents and take such actions as are necessary to complete the financing as set out in this report. SUMMARY Section 6586.5 of the California Government Code requires that the District approve the issuance of the 2011 Revenue Bonds by the Financing Authority, that the District make public benefit findings with respect to the financing, and that the approval be given and the findings be made only after a noticed public hearing has been held within each county where the proceeds of the 2011 Revenue Bonds will be spent. A noticed public hearing was held by the Board of Directors in San Mateo County on November 15, 2010, and a public hearing in Santa Clara County has been noticed for this date and time. The Resolution makes the required findings of public benefit and approves the issuance by the Financing Authority of approximately $54 million, not to exceed $60 million, of 2011 Revenue Bonds and approves related documents and actions. The two objectives of the proposed financing are to [1] generate $20 million of additional cash to fund land purchases and other capital investments over the next three years and [2] refinance the $36 million of outstanding 1999 Revenue Bonds in order to achieve a significant present value savings and improve the cash flow of the District over the next twenty years by some $12 million. R-10-139 Page 2 DISCUSSION The favorable bond market conditions make it advantageous to propose the issuance of approximately$54 million of lease revenue bonds. The budget for fiscal 2011 assumed the issuance of$22.5 million of revenue bonds, including funding a 10%bond reserve fund. Since budget adoption, interest rates have moved such that the District can profitably augment the 2011 "new money" financing with a refinancing of its $36.4 million of 1999 Revenue Bonds. Under current market conditions, the refinancing portion achieves a present value savings of$1.35 million (4.1%of the refunded bonds) and extends the average life of the debt by 3.5 years. The proposed structure provides the planned $20 million of immediate funding for land acquisition and other capital projects and reduces cumulative debt service payments over the next nineteen years by$12 million, compared to such payments projected in the prior District long-term financial model. This cash flow savings occurs mostly in the second ten years. Unlike prior District financings, the 2011 financing might not be required to include a debt service reserve fund for the benefit of bondholders. Funding a debt service reserve fund requires issuers to sell an extra 8-10% of bonds. The ratings agencies have begun permitting bond issuance without debt service reserve funds for agencies with very healthy debt service coverage ratios, like the District. If possible, the 2011 Revenue Bonds would be issued without a debt service reserve fund. If a reserve fund is ultimately required to complete the financing, the principal amount of the bonds would have to increase by$5 to $6 million. The Financing Authority would issue 2011 Revenue Bonds payable from lease payments made by the District. The lease payments will be in an amount sufficient to cover the debt service payments on the 2011 Revenue Bonds, when due. This is the same basic structure successfully utilized for our 1996, 1999 and 2004 and 2007 financings. Staff believes that the proposed issuance of 2011 Revenue Bonds by the Financing Authority will result in significant public benefits within the contemplation of Section 6586 of the Government Code, namely, demonstrable savings in bond preparation,bond underwriting and bond issuance costs The 2011 Revenue Bonds are structured as lease revenue bonds and are expected to have an average life of 17 years and a total ail-in cost of approximately 5.5%. This is higher than the 4.6% all-in cost on our 2007 Revenue Refunding Bonds, which did not increase the District's outstanding debt, were sold as notes rather than lease debt and had a three year shorter average life and a reserve fund. Long-term municipal bond yields also appear to be up between a quarter and one-half of a percentage point since 2007. A lease structure is proposed because the District continues to lack the authority to issue notes with maturities beyond twenty years, and lease debt allows the debt service to be smoothed over thirty years. The District is seeking bond ratings from Standard & Poor's and Fitch and the rating cost estimate is based on an A+rating, which is the current S&P rating on the District's outstanding public lease obligations. We are also exploring whether there is any benefit from purchasing bond insurance. This is unlikely because the only remaining municipal bond insurance provider, Assured Guaranty, was recently down-graded from AAA to AA+. The goal is to receive the ratings by the November 171h Board meeting. Half of the new money portion of the financing, $10.1 million, consists of capital appreciation bonds, which are the tax-exempt equivalent of zero coupon bonds. Because these bonds pay no current interest, they carry higher interest rates (6-7% for 15-30 year maturities), but are R-10-139 Page 3 instrumental in helping the District maintain a level debt service profile. The final maturity of the proposed bonds is in March 2041. The estimated Sources and Uses of the proposed bonds are shown below. SOURCES: Bond Proceeds: Par Amount $53,665,078 Bond Proceeds: Net Premium 519,310 Total Sources $54,184,388 USES: Project Fund: New Money $20,000,000 Refunding Escrow Deposit: 1999 Bonds 33,715,661 Underwriters Discount(S&Y) 268,325 Other Cost of Issuance 200,000 Other(rounding) 402 Total Uses $54,184,388 If approved by the District and Authority Boards, the schedule is to print the Official Statement the week of November 29,price the Bonds during the week of December 6 and deliver the Bonds during the first week of January(hence the name 2011 Revenue Bonds). Because institutional bondholders generally have large amounts of bonds maturing in January, it is anticipated that this will be good timing to attract favorable investor demand. The proposed issue is consistent with the District's long-term financial plans and is easily accommodated within our statutory debt limit. After the proposed sale, which consists of 100% lease debt and is not bonded indebtedness, the District's bonded indebtedness would be about 41%of the District's statutory debt limit. The proposed bond counsel is Jones Hall of San Francisco. In August 2006, staff selected Chris Lynch of Jones Hall as our new bond counsel and we were very pleased with his work on the 2007 Bonds. Chris is again working with the District on the 2011 Revenue Bonds. Likewise, Chip Eady, now of Meyers,Nave, Riback, Silver& Wilson, is again serving as District Disclosure Counsel. Staff recommends you authorize the General Manager to execute legal services agreements with Jones Hall in an amount not to exceed $45,000 plus out-of-pocket expenses not to exceed $3,000 (e.g., bond transcript preparation) and Meyers, Nave, Riback, Silver& Wilson in an amount not to exceed $25,000 plus out-of pocket expenses not to exceed $1,000. The proposed underwriter is Stone&Youngberg LLC (S&Y). S&Y's team, led by Tom Lockard,has successfully managed several District financings, including all of the debt issued under the Authority structure. Staff believes that S&Y continues to do an outstanding job for the District and should underwrite the 2011 Revenue Bonds. The proposed underwriting fee of 0.5% is slightly below the 0.55% fee paid for the 2007 Bonds. The Authority is responsible for executing a Bond Purchase Contract with S&Y since the Authority is the issuer of the bonds. i R-10-139 Page 4 SUMMARY OF THE PROPOSED TRANSACTION: 1. Amount: Approximately$54 million; $60 million if reserve fund is required 2. Term: Thirty years 3. Average Life: 16.9 years 4. Purpose: Provide $20 million of new money for land purchases and other capital projects, and refinance the 1999 Bonds 5. Interest Rates: To be priced in December 2010; estimated all-in cost of 5.51 6. Reserve Fund: None proposed (may be required by rating agencies) 7. Underwriting Fee: 0.5% of par amount of amount issued, about $268,325 8. Other Costs of Issuance: Estimated not to exceed $200,000 9. Closing Schedule: January 2011 PARTIES TO THE TRANSACTION: 1. Issuer: Midpeninsula Regional Open Space District Financing Authority 2. Source of debt service: Midpeninsula Regional Open Space District 3. Trustee: Bank of New York Trust Company(BNY) 4. Underwriter: Stone&Youngberg LLC (S&Y) 5. Bond Counsel: Jones Hall 6. Disclosure Counsel: Meyers, Nave, Riback, Silver&Wilson 7. Verification: Causay, Demgen &Moore Inc. DUTIES OF THE PARTIES: 1. Issuer: Issues the 2011 Revenue Bonds 2. Source of debt service: Pays lease payments to the Authority in an amount sufficient to pay debt service on the 2011 Revenue Bonds 3. Trustee: Administers bonds for the benefit of the holders, collects lease payments from the District, makes payments to to holders 4. Underwriter: Purchases bonds from the Authority and sells them to buyers 5. Bond Counsel: Prepares bond documents; assures buyers of the validity of the bonds, the enforceability of the bond documents, and the tax- exempt status of the bonds 6. Disclosure Counsel: Drafts the Authority and District official statement and advises on compliance with federal securities laws 7. Verification Counsel: Confirms that the amount deposited in the escrow account is sufficient to refinance the 1999 Revenue Bonds. i MAIN AGREEMENTS: Note that these documents are substantially complete and correct but are not meant to be in final form at this time. 1. Preliminary Official Statement: Describes bond issue to potential buyers I R-10-139 Page 5 2. Site Lease(between District and Authority): Authority agrees to assist in the financing of specific District-owned properties. District leases these properties to the Authority so that they can be leased back to the District under the Project Lease. 3. Project Lease (between District and Authority): District leases back the specified properties from the Authority and agrees to make lease payments to the Authority in an amount sufficient to service the 2011 Revenue Bonds. 4. Indenture(between Authority and Bank of New York or BNY): Appoints BNY as Trustee for the 2011 Revenue Bonds, lists its duties and responsibilities, and details how the 2011 Revenue Bonds will be administered. 5. Purchase Contract (between Authority, District and S&Y): Defines terms under which S&Y will purchase the 2011 Revenue Bonds from the Authority. 6. Continuing Disclosure Agreement (between District and BNY): Appoints Trustee as the Dissemination Agent with regard to SEC disclosure rules. THE DISTRICT'S DISCLOSURE OBLIGATIONS The attached Preliminary Official Statement has been reviewed and approved for transmittal to the Board of Directors by staff and the District's financing team. The distribution of the Preliminary Official Statement by the District and the Authority is subject to federal securities laws, including the Securities Act of 1933 and the Securities Exchange Act of 1934. These laws Preliminary Official Statement t include all facts that would be material to an require the Pre ar O c o c q Y investor in the 2011 Revenue Bonds. "Material information" is information that there is a substantial likelihood would have actual significance in the deliberations of the reasonable investor when deciding whether to buy or sell the 2011 Revenue Bonds. The Securities and Exchange Commission(the"SEC"), the agency with regulatory authority over the District's compliance with the federal securities laws,has issued guidance as to the duties of the Board of Directors with respect to its approval of the Preliminary Official Statement. If a member of the Board of Directors has knowledge of any"material information" that an investor would want to know about prior to investing in the 2011 Revenue Bonds, whether relating to their repayment, tax-exempt status, undisclosed conflicts of interest with interested parties, or otherwise, he or she should endeavor to discover whether such facts are adequately disclosed in the Preliminary Official Statement. The SEC stated that the steps that a q Y member of the Board of Directors could take include becoming familiar with the Preliminary Official Statement and questioning staff and consultants about the disclosure of such facts. FISCAL IMPACT Sale of the proposed 2011 Revenue Bonds will [1] provide $20 million of new money to purchase land and pay for other capital projects, [2] refinance the outstanding 1999 Revenue Bonds to improve District cash flow by some $12 million over the next twenty years, and [3] significantly increase the debt service commitments of the District in the period beyond twenty years (where little debt service is currently due). The proposed sale is consistent with, and, in fact, improves, the District's long-term financial model. R-10-139 Page 6 PUBLIC NOTICE Government Code Section 6586.5 requires public hearings to be held in any county where the proceeds of a bond issue by a joint exercise of powers agency, like the proposed 2011 Revenue Bonds by the Financing Authority, will be spent for District purposes. As required by the Government Code, notice of the public hearing was published in the San Jose Mercury News more than 5 days prior to the public hearing. A noticed public hearing was held in San Mateo County on November 15, 2010. In addition, notice was provided pursuant to the Brown Act. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEP If approved by the Board, staff will proceed with finalization of the documentation and sell the bonds. Attachment: Resolution Prepared by: Michael Foster, Controller Contact person: Same as above RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF THE ACQUISITION OF OPEN SPACE AND THE REFINANCING OF AN OUTSTANDING LEASE OBLIGATION AND RELATED REVENUE BONDS WHEREAS, the Midpeninsula Regional Open Space District (the "District") wishes to finance the acquisition and improvement of open space (the "2011 Project"); and WHEREAS, the District previously entered into a Project Lease dated as of January 1, 1999 (the "1999 Project Lease"), with the Midpeninsula Regional Open Space District Financing Authority (the "Authority") for the purpose of (i) financing the acquisition of open space and (ii)refunding on an advance basis the District's outstanding 1992 Promissory Notes; and WHEREAS, the Authority issued its 1999 Revenue Bonds (the "1999 Bonds") pursuant to a Trust Agreement dated as of January 1, 1999 (the "1999 Trust Agreement"), by and among the District, the Authority and The Bank of New York Mellon Trust Company, N.A., as successor trustee(the"1999 Trustee"); and WHEREAS, the 1999 Bonds were secured by and payable from the Base Rental Payments payable by the District under the 1999 Project Lease; and WHEREAS, the District wishes to refinance the 1999 Project Lease and the 1999 Bonds; and WHEREAS, to that end, the District has proposed to lease certain real property consisting of open space owned by the District(the"Leased Property")to the Authority in consideration of the payment by the Authority of an upfront rental payment which is sufficient to provide funds to finance acquisition and improvement of the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds; and WHEREAS, in order to raise funds for such purpose, the Authority proposes to issue and sell its Midpeninsula Regional Open Space District Financing Authority 2011 Revenue Bonds (the "2011 Bonds") under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California(the"Bond Law"); and WHEREAS, in order to secure the payments of principal of and interest on the 2011 Bonds, the Authority proposes to lease the Leased Property back to the District under a Lease Agreement (the "Lease Agreement"), under which the District is obligated to pay semiannual lease payments as rental for the Leased Property, and the Authority I will assign substantially all of its rights under the Lease Agreement to The Bank of New York Mellon Trust Company, N.A., as trustee for the 2011 Bonds (the "2011 Trustee"); and WHEREAS, as a condition precedent to the issuance of the 2011 Bonds to finance the 2011 Project, Section 6586.5 of the California Government Code requires that the District approve the proposed lease financing by the Authority and that the District make certain findings with respect to such financing, as hereinafter set forth, and Section 6586.5 further requires that such approval be given and findings be made only after noticed public hearing has been held within each county where the 2011 Project will be located; and WHEREAS, the District held a public hearing in San Mateo County on November 15, 2010, at which all interested persons were provided the opportunity to speak on the subject of financing the 2011 Project, and, as required by Section 6586.5, the District caused publication of a notice of a public hearing on the financing of the 2011 Project once at least five days prior to the hearing in a newspaper of general circulation in San Mateo County; and WHEREAS, the District held a public hearing in Santa Clara County on the date hereof at which all interested persons were provided the opportunity to speak on the subject of financing the 2011 Project, and, as required by Section 6586.5, the District caused publication of a notice of a public hearing on the financing of the 2011 Project once at least five days prior to the hearing in a newspaper of general circulation in Santa Clara County; and WHEREAS, the Board of Directors wishes at this time to approve all proceedings to which it is a party relating to the issuance and sale of the 2011 Bonds, the financingof the 2011 Project and the refinancing of the 1999 Project Lease and the 1999 J g J Bonds; NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space District, as follows: SECTION 1. Findings. Pursuant to the Bond Law, and based on the information provided to the Board of Directors by District staff and consultants, all as set forth in the proceedings and documents providing for the issuance and delivery of the 2011 Bonds, the Board of Directors hereby finds and determines that the issuance of the 2011 Bonds and the transactions related thereto will result in significant public benefits within the contemplation of Section 6586 of the Bond Law, namely, demonstrable savings in bond preparation,bond underwriting and bond issuance costs. The Board of Directors hereby finds that the fair rental value of the Leased Property is the same whether such Leased Property is available to the District in its current condition or the property is damaged but remains open space. In making such determination, consideration has been given to the benefits that will accrue to the District and the general public from the availability of the Leased Property as open space. As a result, the Lease Agreement will not provide for abatement of the Lease Payments in the event of destruction or damage to the Leased Property. SECTION 2. Issuance of the 2011 Bonds. The Board of Directors hereby approves the issuance of the 2011 Bonds by the Authority under the Bond Law in the maximum initial principal amount (or, with respect to capital appreciation bonds, denominational amount) of $60,000,000, for the purpose of providing funds to finance the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds. SECTION 3. Approval of Related Financing Agreements. The Board of Directors hereby approves each of the following agreements required for the issuance and sale of the 2011 Bonds and the refinancing of the 1999 Project Lease and the 1999 Bonds, in substantially the respective forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the President, the Secretary, the General Manager and the Controller of the District (each, an "Authorized Officer"), whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. An Authorized Officer is hereby authorized and directed for and in the name and on behalf of the District to execute, and the Secretary is hereby authorized and directed to attest, the final form of each such agreement, as follows: • Site Lease, between the District as lessor and the Authority as lessee, under which the District leases the Leased Property to the Authority in consideration of the payment of an amount which will be applied by the District to finance the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds. • Lease Agreement, between the Authority as lessor and the District as lessee, under which the Authority leases the Leased Property back to the District and the District agrees to pay semiannual lease payments which are sufficient to provide revenues with which to pay principal of and interest on the 2011 Bonds when due. • Escrow Deposit and Trust Agreement, among the Authority, the District and the 1999 Trustee, providing for the deposit, investment and application of funds to refinance the 1999 Project Lease and the 1999 Bonds. SECTION 4. Negotiated Sale of Refunding Bonds. The District hereby approves of the Authority's selection of Stone & Youngberg LLC, as the underwriter for the Bonds, and approves the sale of the Bonds by negotiation with the Underwriter, pursuant to the Purchase Contract by and between the Authority and the Underwriter. The underwriter's spread proposed by Stone & Youngberg LLC (in an amount not to exceed 0.75% of the aggregate initial principal (or denominational) amount of the Authority's Bonds) is both reasonable and customary under the prevailing market conditions. SECTION 5. Official Statement. The District hereby approves the preliminary Official Statement describing the 2011 Bonds, in substantially the form on file with the i Secretary. Distribution of the preliminary Official Statement and the final Official Statement by the Underwriter is hereby approved. The Authorized Officers are hereby authorized and directed to approve any changes in or additions to the final form of the Official Statement, whose execution thereof shall be conclusive evidence of approval of any such changes and additions. I I SECTION 6. Legal Services Agreement. An Authorized Officer is hereby authorized to execute in the name and on behalf of the District a legal services agreement with Meyers, Nave, Riback, Silver & Wilson, a Professional Law Corporation, as disclosure counsel to the District, and Jones Hall, A Professional Law Corporation, as bond counsel to the District, in substantially the form on file with the Secretary. SECTION 7. Official Actions. The Authorized Officers, the District's general counsel and all other officers of the District are each authorized and directed in the name and on behalf of the District to make any and all leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance or termination, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution any officer of the District is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. Midpeninsula Regional Open Space District r . R-10-138 Meeting 10-32 November 17, 2010 FINANCE AUTHORITY AGENDA ITEM 1 AGENDAITEM Approval of Issuance of approximately$54 million, and not to exceed $60 million, of Midpeninsula Regional Open Space District Financing Authority 2011 Revenue Bonds; Authorization for the Executive Director to Execute the Bond Purchase Contract with Stone& Youngberg LLC, and other Agreements Required for Bond Issuance EXECUTIVE DIRECTOR'S RECOMMENDED ACTION Adopt the attached Resolution authorizing the issuance and sale of bonds, approving an Indenture of Trust, approving a Site Lease, approving a Project Lease, approving an Official Statement, approving a Bond Purchase Contract, and approving other matters properly related thereto. (All of the bond issuance documentation is available for public review at the District's Administrative Office.) BACKGROUND The Midpeninsula Regional Open Space District Financing Authority(the"Authority") was established pursuant to a Joint Exercise of Powers Agreement dated as of May 1, 1996, as amended by a First Amendment to Joint Exercise of Powers Agreement, dated November 15, 2006 (as amended, the"Agreement"),by and between the District and the County of Santa Clara. The Authority was created to assist the District in the financing and refinancing of its acquisition of open space and other capital projects. By utilizing the Authority, the 1996 Revenue Bonds, two series of 1999 Revenue Bonds, the 2004 Revenue Bonds and the 2007 Revenue Refunding Bonds were issued. It is now proposed that the 2011 Revenue Bonds be issued in order to provide $20 million of new money for land purchases and other capital projects and to refinance the remaining series of 1999 Revenue Bonds. The Agreement calls for the Authority to be governed by a board consisting of five members of which one shall be, at all times, the District's Board President, currently Director Hassett. At the District Board meeting of January 2010, Directors Riffle, Siemens and Davey were appointed to join Director Hassett on the governing Board of R-10-138 Page 2 the Authority. The fifth member of the Authority's Board is Santa Clara County Supervisor Liz Kniss. Supervisor Kniss' district encompasses the largest territory within the Santa Clara County portion of the District. Due to Director Davey's passing, one seat on the board is now vacant. The Executive Director recommends that the Authority fill this vacancy at its January 2011 meeting when other District offices and committee members will be appointed. DISCUSSION The attached resolution authorizes the issuance of the 2011 Revenue Bonds. Because there remains some question as to whether the rating agencies will require a debt service reserve fund, the financing structure is set forth in a not-to-exceed format. Permission to bind the Authority to the financing is transferred to the Executive Director so long as the bond issue delivered to the Authority is within the parameters set out in the resolution. Controller Michael Foster's Report to the District Board of Directors (R-10-139)relating to the issuance of the 2011 Revenue Bonds has been forwarded to the Authority Board Members under separate cover. The Authority is being asked to authorize a bond issue up to the amount of$60 million. The financing team currently expects an issue in the amount of approximately$54 million as noted in the Controller's Report. The difference is the amount of a debt service reserve fund, which the rating agencies may require to be funded. As noted in the Controller's Report, the proposed financing team is Stone&Youngberg as Underwriter, Jones Hall as Bond Counsel, and Meyers, Nave, Riback, Silver&Wilson as Disclosure Counsel. This is the same team which successfully managed the issuance of the Authority's 2007 Revenue Bonds. The team continues to perform outstanding work on behalf of the District and Authority. The Controller's Report summarizes the parties, their primary duties and each of the main agreements. Sale of the proposed bonds will [1] provide $20 million of new money to the District to purchase land and pay for other capital projects, [2] refinance the Authority's outstanding 1999 Revenue Bonds to improve District cash flow by some $12 million over the next twenty years, and [3] significantly increase the debt service commitments of the District in the period beyond twenty years (where little debt service is currently due). The proposed sale is consistent with, and, in fact, improves, the District's long-term financial model. Attachment Resolution Prepared by: Stephen Abhors, Executive Director Michael Foster, Controller Contact person: Stephen Abhors, Executive Director RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS TO FINANCE THE ACQUISITION OF OPEN SPACE AND TO REFINANCE OUTSTANDING 1999 REVENUE BONDS, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the Midpeninsula Regional Open Space District (the "District") wishes to finance the acquisition and improvement of open space (the "2011 Project"); and WHEREAS, the District previously entered into a Project Lease dated as of January 1, 1999 (the "1999 Project Lease"), with the Midpeninsula Regional Open Space District Financing Authority (the "Authority") for the purpose of (i) financing the acquisition of open space and (ii)refunding on an advance basis the District's outstanding 1992 Promissory Notes; and WHEREAS, the Authority issued its 1999 Revenue Bonds the "1999 Bonds") pursuant to a Trust Agreement dated as of January 1, 1999 (the"1999 Trust Agreement"), by and among the District, the Authority and The.Bank of New York Mellon Trust Company,N.A., as successor trustee (the"1999 Trustee"); and WHEREAS, the 1999 Bonds were secured by and payable from the Base Rental Payments payable by the District under the 1999 Project Lease; and WHEREAS, the District wishes to refinance the 1999 Project Lease and the 1999 Bonds; and WHEREAS, to that end, the District has proposed to lease certain real property consisting of open space owned by the District (the"Leased Property") to the Authority in consideration of the payment by the Authority of an upfront rental payment which is sufficient to provide funds to finance acquisition and improvement of the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds; and WHEREAS, in order to raise funds for such purpose, the Authority proposes to issue and sell its Midpeninsula Regional Open Space District Financing Authority 2011 Revenue Bonds (the "2011 Bonds") under the provisions of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title I of the Government Code of the State of California(the"Bond Law"); and WHEREAS, in order to secure the payments of principal of and interest on the 2011 Bonds, the Authority proposes to lease the Leased Property back to the District under a Lease Agreement (the "Lease Agreement"), under which the District is obligated to pay semiannual lease payments as rental for the Leased Property, and the Authority will assign substantially all of its rights under the Lease Agreement to The Bank of New York Mellon Trust Company, N.A. as trustee for the 2011 Bonds the "2011 Trustee" and WHEREAS, as a condition precedent to the issuance of the 2011 Bonds to finance the 2011 Project, Section 6586.5 of the Bond Law requires that the District approve the proposed lease financing by the Authority and that the District make certain findings with respect to such financing, and Section 6586.5 further requires that such approval be given and findings be made only after noticed public hearing has been held within each county where the 2011 Project will be located; and WHEREAS, the District held a public hearing in San Mateo County on November 15, 2010, at which all interested persons were provided the opportunity to speak on the subject of financing the 2011 Project, and, as required by Section 6586.5, the District caused publication of a notice of a public hearing on the financing of the 2011 Project once at least five days prior to the hearing in a newspaper of general circulation in San Mateo County; and WHEREAS, the District held a public hearing in Santa Clara County on the date hereof at which all interested persons were provided the opportunity to speak on the subject of financing the 2011 Project, and, as required by Section 6586.5, the District caused publication of a notice of a public hearing on the financing of the 2011 Project once at least five days prior to the hearing in a newspaper of general circulation in Santa Clara County; and WHEREAS, the Board of Directors of the District has approved the 2011 Bonds and made the findings required by Section 6586.5 of the Bond Law; and WHEREAS, the Board of Directors wishes at this time to approve all proceedings to which it is a party relating to the issuance and sale of the 2011 Bonds and assist the District in the financing of the 2011 Project and the refinancing of the 1999 Project Lease and the 1999 Bonds; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Midpeninsula Regional Open Space District Financing Authority, as follows: SECTION 1. Issuance of 2011 Bonds. The Board of Directors hereby authorizes the issuance of the 2011 Bonds under the Bond Law in the maximum principal (or, with respect to capital appreciation bonds, denominational) amount of$60,000,000, for the purpose of providing funds to finance the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds. The 2011 Bonds shall be issued under the Bond Law and the Indenture of Trust which is approved below. SECTION 2. Approval of Related Financing Agreements. The Board of Directors hereby approves each of the following agreements required for the issuance and sale of the 2011 Bonds, the financing of the 2011 Project and the refinancing of the 1999 Project Lease and the 1999 Bonds, in substantially the respective forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chairperson, the Treasurer or the Controller (each, an "Authorized Officer"), whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. An Authorized Officer is hereby authorized and directed for and in the name and on behalf of the Authority to execute, and the Secretary is hereby authorized and directed to attest, the final form of each such agreement, as follows: • Indenture of Trust, between the Authority and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trustee"), setting forth the terms and provisions relating to the 2011 Bonds. • Site Lease, between the District as lessor and the Authority as lessee, under which the District leases the Leased Property to the Authority in consideration of the payment of an amount which will be applied by the District to finance the 2011 Project and to refinance the 1999 Project Lease and the 1999 Bonds. • Lease Agreement, between the Authority as lessor and the District as lessee, under which the Authority leases the Leased Property back to the District and the District agrees to pay semiannual lease payments which are sufficient to provide revenues with which to pay principal of and interest on the 2011 Bonds when due. • Assignment Agreement, between the Authority and the Trustee, whereby the Authority assigns certain of its rights under the Lease Agreement to the Trustee for the benefit of the 2011 Bond owners. • Escrow Deposit and Trust Agreement, among the Authority, the District and the 1999 Trustee, providing for the deposit, investment and application of funds to refinance the 1999 Project Lease and the i 1999 Bonds. SECTION 3. Negotiated Sale of 2011 Bonds. The Board hereby approves the selection of Stone & Youngberg LLC, as underwriter for the Bonds (the "Underwriter"), and approves the sale of the Bonds by negotiation with the Underwriter pursuant to the Purchase Contract by and between the Authority and the Underwriter, in substantially the form on file with the Secretary together with any changes therein or additions thereto approved by the Authorized Officers, whose execution thereof shall be conclusive evidence of approval of any such additions and changes. The Purchase Contract shall be executed in the name and on behalf of the Authority by a Authorized Officer, each of whom, acting alone, is hereby authorized and directed to execute and deliver the Purchase Contract on behalf of the Authority; provided, however, that the true interest cost payable with respect to the 2011 Bonds shall not exceed 6.15% per annum and the aggregate Underwriter's discount (exclusive of original issue discount) on the 2011 Bonds shall not exceed 0.75% of the aggregate initial principal (or denominational) amount of the 2011 Bonds. SECTION 4. Approval of Refinancing. The refinancing of the 1999 Project Lease and the 1999 Bonds is hereby approved, subject to achieving debt service savings in an amount acceptable to the Controller; issuance of the 2011 Bonds in an amount sufficient to refinance the 1999 Project Lease and the 1999 Bonds shall be conclusive evidence of the Controller's approval. SECTION 5. Official Statement. The Board hereby approves the Preliminary Official Statement describing the 2011 Bonds, in substantially the form submitted by the Underwriter and on file with the Secretary, together with any changes therein or additions thereto necessary or convenient to cause the Preliminary Official Statement to describe accurately matters pertaining to the 2011 Bonds, and the Authorized Officers are each separately authorized and directed on behalf of the Authority to review the final form of the Preliminary Official Statement and to deem the Preliminary Official Statement "near final" pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934, prior to distribution b the Underwriter. The Board hereby authorizes the distribution of the Y Y preliminary and the final Official Statement by the Underwriter. The Authorized Officers are each separately hereby authorized and directed to approve any changes in or additions to the final form of the Official Statement, whose execution thereof shall be conclusive evidence of approval of any such changes and additions. The final Official Statement shall be executed in the name and on behalf of the Authority by an Authorized Officer, each of whom is hereby authorized and directed to execute and deliver the final Official Statement on behalf of the Authority. SECTION 7. Municipal Bond Insurance and Surety Bonds. The Authorized Officers, each acting alone, are hereby authorized and directed to obtain a municipal bond insurance policy for the 2011 Bonds and reserve account surety bonds for the Reserve Account established under the Indenture if it is determined, upon consultation with the Underwriter, that such municipal bond insurance policy and/or surety bonds will reduce the true interest costs with respect to the 2011 Bonds. SECTION 8. Official Actions. The Authorized Officers, the Secretary, the Authority general counsel and all other officers of the Authority are each authorized and directed in the name and on behalf of the Authority to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this resolution any officer of the Authority is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer is absent or unavailable. SECTION 9. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. i I Midpeninsula Regional Open Space District R-10-136 Meeting 10-32 November 17, 2010 AGENDA ITEM 6 AGENDAITEM Accept Applications from Persons Eligible for Appointment to the Office of Ward 2 Director, and Determine Whether to Screen Applications or Waive the Screening Process GENERAL MANAGER'S RECOMMENDATION Accept seven (7) applications for the Office of Ward 2 Director, waive the screening process, and determine to interview the applicants at the November 22, 2010 Special Board meeting. SUMMARY The General Manager recommends that the District Board of Directors accept applications for the Ward 2 Director, waive the screening process as the number of applicants is below the eight (8) applicants the Board was prepared to interview, and determine to interview applicants at the November 22, 2010 Special Board Meeting. DISCUSSION At its meeting on October 13, 2010, the Board approved the process of appointment to fill the vacant seat of Director for Ward 2 due to the death of President Mary Davey on October 2, 2010 (See Report R-10-1 18). During the week of October 18, 2010, the District started the recruitment for the Ward 2 Director seat and a Notice of Vacancy was posted at the public entrance to District's Administrative Office, sent to the various local newspapers, and was posted in the cities of Cupertino, Los Altos, Los Altos Hills, Palo Alto, Sunnyvale, and Santa Cruz. The recruitment period ended at 5:00 p.m. on November 8, 2010, and the District received nine (9) applications for the vacant seat. The District Clerk has determined that the applicants are registered voters and are residents of Ward 2 as required by law. Two applicants have been determined not to reside within the Ward 2 boundaries and are therefore ineligible for further consideration for appointment, thus providing the Board with seven (7) applicants to consider. Copies of the applications and residency and voter verification for the ineligible applicants are available from the District Clerk. R-10-136 Page 2 The Board also approved the Schedule for Appointment at its October 13, 2010 Board meeting (R-10-118). The approved schedule states that if the Board received more than ten(10) applications, the Board may hold a Special Meeting for the purpose of screening the applications and select no more than eight(8) applicants to be interviewed. Since the District received nine (9) applications, the General Manager recommends that the District Board of Directors accept the applications received, waive the screening process as seven (7) applicants have been determined to be eligible for appointment, and proceed with interviews at the November 22, 2010 Special Board Meeting. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommendation. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No environmental review is required as the recommended action is not a project under CEQA NEXT STEPS After the screening of applications is either waived or concluded and the Board determines which applicants will be interviewed, the District Clerk will notify the applicants and invite them to be interviewed by the Board on November 22, 2010. The interview procedures, as approved by the Board on October 13, 2010, (see Report R-10-118), are included in this report. Attachment(s) 1. Applications for Eligible Candidates for Appointment to Ward 2 Office of Director 2. Ward 2 Residency Verification 3. Voter Registration Verification 4. Schedule of Appointment Process 5. Procedure for Interviews Prepared by: Michelle Radcliffe, District Clerk Contact person: Same as above Graphics prepared by: Zachary Alexander, Planning Technician 11 -05-10P01 : 13 RCVD ATTACHMENT 1 • ' ( Midpeninsula Regional Open Space District APPLICATION FOR DIRECTOR—Ward 2 I am interested in applying for: FNI Unexpired Term ending and/or Term commencing January 3,2011 January 2,2011 through the next general District election in November 2012 Name Arthur J.Deex Residential Voting Address 25396 La Loma Drive Los Altos Hills CA 94022 Daytime Telephone(650)941-8743 Evening Telephone(650)111743 Fax Email ajdeex@gmail.com Please list your community activities and/or work experience MROSD Trail Patrol volunteer. Volunteer computer instructor at the Rosalie Rendu Center in East Palo Alto. Volunteer web master for the Jesuit Institute for Family Life Institute International. Advisor for an all girl Wilderness Explorer Post. Defense Advanved Research Project Agency Professional Chief Scientist, Ford Aerospace Bay Area I Retired USAF Officer Retired Attorney Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors and what are your goals for the District for the next 10 years? Iha ve worked with the District for many years on the trails and I believe that that experience plus my skills as an attorney a military officer and a scientistlengineer will make a positive contribution to the District. I have valued the open space experience and would like to repay the District for contributing so much to my life. i My goals for the District are to continue acquiring green space an to expand the public's use of the land. A secondary goal is to ensure the District exploits advances in technology and communications in managing the District and communicating with the public. R-10-118 Page 2 What level and types of activities do you favor on District preserves? What activities do you 0 ose? I favor the current District preserve activities—hiking,jogging, biking, equestrian, and dog access. I also encourage nature centers, picnic areas, and camp sites. I do not favor motorcycle or off road vehicles i What do you see as the major issues of the District today and in the next few ears?Discuss. Rapid expansion of the Peninsula green belt and expedited visitor access. In the current economy, land that is not yet in the greenbelt is endangered and may be lost forever. It is a real disappointment to the public not to have access to District land for an extended time. Please list any additional information about yourself which you would like to include (hobbies, educatiom family, etc. Hobbies: Hiking, reading, limerick collecting, computer literacy. Education: US Naval Academy(BS)EE With Distinction MIT(SM) EE University of Texas(PhD) EE Loyola School of Law(JD) Family: Spouse,two sons, and one daughter. My son John Deex NP has presented Self Aid lectures to the Trail Patrol Volunteers on several occasions. I have more than 1,000 hours of Trail Patrolling and I have hiked every trail on every preserve—I was the first recipient of the Anvil Award. Please provide the names of three(3)references: Dr.Thomas Amoldussen, 1085 Senna, Los Altos CA 94022 (650) 967-4724 Ralph Adams,217 Merritt Road, Los Altos CA 94022 (650)941-8064 Sr.Trinitas, Rosalie Rendu Center, 1760 Bay Road#24, East Palo Alto CA 94303 (650)473-9522 S Nov i Signature of Applicant Date of Applicant ote: All applications w'ill be made available for public inspection. You may use additional sheets to answer questions. t4OV-08-2010 11 :58 ON ADD1S0F4 :NARKETIHG 14088689610 P. 01 midpeninsula Regional Open Space District APPLICATION FOR DIRECTOR—Word 2 I am interested in applying for: Unexpired Term ending and/or Term commencing January 3, 2011 January 2, 2011 through the next general District election in November 2012 NameFrances Mann-Cralk Residential Voting Addressl 1885 Skyline,Blvd., Los Gatos, CA 95033 Daytime Telephone408-858-957 Evening Telephone48-868-957 Fax Email franceagaddisonmarketipg.com Please list your community activities and/or work experience CURRENT community Activities: South Skyline Association Board of Directors South Skyline Emergency Preparedness organization—Neighborhood Coordinator PAST community Activities: - Menlo College Board of Trustees—2001-2006 - Menlo College Aluml Association—1983—20o8 (President— 1983-1984 and 1999-2001) Wireless Communications Alliance SOD—2001-2007 CURRENT Work Experience; - CEO of Addison Marketing—a high-tech marketing services firm 2002- present PAST Work Experleneel. - Executive in Marketing and Sales at: HP, Convergent Technologies, Unisys, Upstart Communications,Oracle,TrIStrata Security,Tornado-Insider, a high-tech incubator Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 years'? I live adjacent to MPROSD, on Skyline Blvd., and love this special environment. I am committed to safe guarding the beauty of the area and living as a Good Neighbor with MPROSD. z CD wo AM m ° ti C gooc C~D m Oh ? p p p CTc J m vm m m h a 3U) a? o100333 "'+ CL CD 0 3 � �? Dm_ c =r wMo3 < - � 3 cD p a - a1 a N N CL gCO3 �a Q .. nD 7 9 � - CD 3 CA va a 00 QO na.mro O [o 3)_ = . 3 lek 1p N a - �,__� 3 O ac Q � , A p� O m (OD � a0CD 4m 0 w ' N S 1-0 . V/ m CD Dmoo Ch3G«= QOU' �= r°„ w z O 3 O co Q-oa CA m O 3 c o o r. :3 D mnUy cu � � nm �ein a' 3s �C o �c -, CD o D u 'c m p a CD ° ` �`� Cn .c- o a s 3 T ti n 3 � c> S 3 as�m a~rc -` Q a tD m Q m m CD CD 0 w Q(0 m _'U O H [J� W (D o 3 " oo 3 5--�m m a as m a �m< CL o ^h o CL O C? jS7CJAi0 N AW � :Zc - s tD p' cmm04m �a O Q Sn 0 CD CQ o x 3 No mm�m o � m tD P y to c Cr zw c n-+=' dDCl) CD W < m c0 CD 3 C m 0C. O \ Q o cai Q M t7 (3) CD,gym CD K n Q O O CD a n' m >n 0 m SD \ o n J n n r* b rb Wa y 3 CD t c 14 CD tr EL n CD N Q- m ra p R. ar O "0 m N I— 1 1 -08-1 UP'12 : 26 RCVD Midpeninsula Regional • ' Open Space District APPLICATION FOR DIRECTOR-Ward 2 I i I am interested in applying for: [] Unexpired Term ending and/or ❑E Term commencing January 3, 2011 January 2, 2011 through the next general District election in November 2012 Name Breene Kerr Residential Voting Address 26045 Duval Way, Los Altos Hills, Ca. 94022 Daytime Telephone(408)314-1585 Evening Telephone(650)302-9376 Fax(408)241-9983 Email breene@visualizesolar.com Please list your community activities and/or work experience C O(lNC/LMAAd Q,vD -740�r11& 1jPA 'Wt1 LOS Aids yLGS Fa��J [.�1f/ �ir.ei�oivrndsvT.s� iv/�l�drTtsas Cb/�►lA►/7�'��' Gc�NC/G .��"n'�� LAB/Pgr,�w�v�as fp�i►��T!`� 'ffGYIV G/[- niD�1�i Sr7V7Gsril (��CL�Y111/L�Udv5 �OyJ./l/�/sue•' -�� arw(/.c-o �•v►rB�� ,�GE co�.nrrrc�G/,oi�.rxJ �/,r��.orrsir�1 �� L'ut2.aT Gva►'L/C: �7/�tE�TG�2/�1 FN�t� �L�t/�/�> �ssir,C.cs��r Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 ears? e�ri�vvie � avo,2,� /a flvliil2o�v�1�L �isltreiars �awv Gpa� � �a3�i lrf�v�">or✓_ � ��vvt��.� /�,tv s�v�.aT� ✓A.'�,C p [� ,.v ,v/rcr .ys� TdL �Ssd�s" T pF�c� ape✓ 1 ri. ,c�eel s 7-v ��/�x�rllavT�Zi� ,rZ.e�z-��77�v R-10-118 Page 2 � What level and types of activities do you favor on District preserves. What activities do you 0 ose? 'owe � �✓IBC cYt�ii taw7h L a�v cprlaw �2 c,�✓x� � ��i.� d�ri�� What do you see as the major issues of the District today and in the next few ears? Discuss. J✓2 / ?21l•�`' ��d ��w� /��YSrXib� .dr��.rn�3 �su�•4s �••nµF//� !/ it ,;7b grMjIAV 4wn Ui�1v S Please list any additional information about yourself which you would like to include (hobbies, education family, etc. S rep f�OLlT,K4� S�i�Ls .oxo eXvojv. orcJ / U . CwT7.t7LS b A-e7' Z,Clo v� n1 � �vw,✓A S- Please provide the names of three (3) references: Santa Clara Supervisor Honorable Liz Kniss Terry Trumbull, Endorsement Chair, California League of Conservation Voters Brian Schmidt, Member elect, Santa Clara Valley Water District Board of Directors 11/05/10 nature Applicant Date of Applicant Note: All applications will be made available for public inspection. You may use additional sheets to answer questions. Breene Kerr Marketing, Communications and Public Relations for Sustainable Organizations (650)302-9376 Strategic planning,marketing,PR and sales consulting for a wide variety of companies and sustainable projects. Extensive experience and contacts with state and local politics,government agency relations and regulations,green builders and utilities. Graduate Mechanical Engineer with tech marketing and entrepreneurial experience. Green Building Professional,Green Point Rater, HERS trained. Web,SEO and email marketing. Current Position:Director, TBI Energy:overall responsibility for marketing,sales,and tactical implementation strategies for Energy Efficiency Division at large commercial contractor. Resident expert in energy efficiency retrofits,utility rebate programs and payback analysis,retro-commissioning,and sustainable building practices. ww"Ab* Project Management,Marketing and Communications for Solar and Sustainable Projects: • Acterra:concept development and government relations for multi jurisdictional"High Energy Home Audit Program",recipient of 2010 EECBG(DOE stimulus)funding. Participant City recruitment,lobbying of CEC staff &board members,California State Assembly and other public officials for project approval. • Alta Devices Inc.:technical marketing projects including video animations visualizing production processes and operating theory for the company's GaAs thin film solar panels. • SunPower Inc.:produced concept to completion videos,graphics,photography,public relations materials,and other marketing materials for internal and external communications. • LEED project team member and project manager:energy consultant and project team manager,Westwind Barn www.LILt)barn.coiii LEED project energy consultant:Harker School Science and Tech Building,SJ(LEED NC Gold) • Edison Technology Park 400,000 watt Solar Power Project: Strategic advisor,PG&E relationship.Marketing,engineering design,multi-threaded energy production/monitoring. • Los Altos Hills Solar Powered Town Hall:project leader,conceptual design and financial strategy for CEC energy efficiency loan;PG&E Energy Savings by Design;Packard Foundation grant;Environment California award. • St. Francis High School:project development,engineering design,payback analysis,vendor management multiple energy efficiency projects utilizing PG&E Customized Energy Efficiency program rebates. • Eco-Energies, Consulting Sales Engineer:provided conceptual engineering and financial strategies for large scale solar installations for commercial,residential and public sector. Public Policy Communicator/Leader: Successful Silicon Valley politician with excellent public relations,communications,marketing,public speaking,media relations,fundraising and people skills. • Town oj'Los Altos Hills.:Twice elected Councilman,current Mayor of this Silicon Valley Town,recently honored by Environment California as one of the top 5 California Solar Cities. • Build it Green.:member,Bay Area Public Agency Council,GPR,GBP • Joint Venture Silicon Valley:member,Climate Protection Task Force • Valley Transit Authority:former Board member,Finance Committee Chairman Producer/Director/Editor/Writer: creator of marketing videos,television commercials, documentaries,training programs,white papers,magazine articles and interactive media for Google, Yahoo,SunPower,California State Board of Ed,CalPERS,Intel,HP:htt_P-.o'k a�1.1c]Iwo la.001 III BSME (Mechanical Engineering)Oklahoma State University. Certified Green Building Professional and Green Point Rater. HERS A,B,&PV. Pacific Energy Center retro-commissioning program. 1 )8-10P01 : 14 RCVD Midpeninsula Regional Open Space District APPLICATION FOR DIRECTOR—Ward 2 I am interested in applying for: Unexpired Term ending and/or FE-1 Term commencing January 3, 2011 January 2,2011 through the next general District election in November 2012 Name Sean McKenna Residential Voting Address 1255 Sandalwood Lane, Los Altos CA 94024 Daytime Telephone(650)814-6990 Evening Telephone(650)938-7326 Fax Email sean@mckennas.com I Please list your community activities and/or work experience Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open S ace District Board of Directors, and what are your goals for the District for the next 1.0 ears? R-10-1 18 Page 2 What level and types of activities do you favor on District preserves? What activities do you opose? What do you see as the major issues of the District today and in the next few years?Discuss. Please list any additional information about yourself which you would like to include (hobbies, education, family, etc.) Please provide the names of three (3)references: ol Sign ur f Applica Date of Applicant v Note: All applications will be made available for public inspection. You may use additional sheets to answer questions. r i Please list your community activities and/or work experience I've been a private investor for the last 10 years and serve on the board of a green fuel cell company, Oorja Protonics, and on the board of financial services company,The Ravix Group. I have coached children's sports including 4 years of girls'softball at Homestead High School Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 years? I grew up in Sunnyvale and am a big user of the open space,from running in Rancho San Antonio to biking along the bay lands and in Steven's Creek Canyon. I believe my passion for the open space combined with my investment and financial skills would serve the board well. My goals for the next 10 years would be to continue to develop a regional trail system while trying to preserve the fragile ecosystem. What level and types of activities do you favor on District preserves?What activities do you oppose? I'm an avid Mt. Biker,dog walker and hiker. I truly understand the issues that arise from multiuse trails. We'll need to work together to make sure the trails are safe for all users.The only activities I oppose are those that would hurt the ecosystems, like over use. What do you see as the major issues of the District today and in the next few years? The major issues for the district today are balancing the resources among programs such as the Coastside Protection Program,Open Space Planning and Resource Management program. In addition, the ability to take on additional open space lands and incorporate it into the overall cohesive plan. Please list any additional information about yourself which you would like to include(hobbies, education,family,etc.) I am married and have three children;one is attending Northeastern and is studying to be a environmental science engineering. I also have two sons at Homestead High School. My mother Dianne McKenna is on the advisory council of Peninsula Open Space Trust. I have spent a lot of time in the following preserves: El Corte Madera, Fremont Older, Long Ridge, Monte n Antonio, Russian Ride Saratoga Gap, and the Stevens Creek Bello, Pi chetti Ranch Rancho San c Ridge, g p, Shoreline Trail. Please provide the names of three (3) references: Daniel Saccani, President of the Ravix Group Sanjiv Malhotra, CEO and Founder of Oorja Protonics Michael Denzel, General Partner McKenna Ventures i 11 -08-IOP02 :59 KCVO i • ' IMidpeninsula Regional Open space District APPLICATION FOR DIRECTOR—Ward 2 I am interested in applying for: Q Unexpired Term ending and/or R Term commencing January 3,2011 January 2,2011 through the next general District election in November 2012 NameYoriko Kishimoto Residential Voting Address251 Embarcadero Rd Palo Alto CA 94301 Daytime Telephone650-644-5084 Evening Telephone650-323-5590 Fax Email Please list your community activities and/or work experience See attached sheets Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors,and what are your goals for the District for the next 10 years? See attached sheets R-10-118 Page 2 What level and types of activities do you favor on District preserves? What activities do you oppose? See attached sheets What do you see as the major issues of the District today and in the next few years?Discuss. See attached sheets Please list any additional information about yourself which you would like to include (hobbies, education,family,etc.) See attached sheets Please provide the names of three(3)references: Enid Pearson vice Mayor of Palo Alto and mother of pant preservation initiative in Palo Alto Florence LaRiviere Citizens Committee to Complete the Refuge Tom Jordan,foundinamember of PeninsuW C onservagon Center 41 ., • t 11/8/2010 Sig re of Applicant Date of Applicant jVQte; All applications will be made available for public Wpection. You may use additional sheets to answer questions. � II Yoriko Kishimoto Application for Ward 2 Community activities and/or work experience: 2002-2010 Mayor of Palo Alto (2007) and Palo Alto City Council member including as Chair of Finance and Policy & Services Committees. Provided leadership on energy, climate protection, transportation, budget, open space, open government among many policy areas. * Board member, Valley Transportation Authority (VTA) 2007-9 and member of the Policy Advisory Committee 2001-7 * Chair of Climate Protection Committee (2009) and Board member, Bay Area Air Quality Management District (BAAQMD) 2006-2009 * Committee member, Joint Policy Committee (JPC) 2007-9 * Founder and principal of international consulting business 1981-2001. * Co-author, internationally published book, The Third Century. America's Resurgence in the Asian Era (Crown Publishers, 1988). * Co-founder, Palo Alto Neighborhoods (PAN) 2000 * President, Palo Alto Civic League, 1996-1998 * Treasurer and Trustee, Hidden Villa, 1993-1999 * Girl Scout Leader 1994-2000 * Leadership Mid-peninsula, Class 2000 * Stanford MBA 1981 Why you are interested in serving as Director, what are your goals for the District for the next 10 years? The work of MROSD since its founding in 1972 has had a dramatic impact on the quality of the environment and quality of life for the entire District and Bay Area. It has done an outstanding job in identifying and acquiring tens of thousands of acres of strategic open space, expanding its boundaries, and continuing to garner broad public support for open space preservation. The pressure of population growth is relentless, so the work of MROSD will continue to become even more important. I passionately believe in the District's mission to "to acquire and preserve a regional greenbelt of open space land in perpetuity " and would be so honored to help guide its development and meet its challenges over the coming years. My goals for the district will be first to continue making strategic acquisitions of open space in the baylands, foothills and other areas identified through our strategic planning process, partnerships and public input. Watershed management, climate change, wildlife corridors, identifying areas most "at-risk" might be some of the criteria we use to help prioritize acquisitions. Second goal is management and restoration of the acquired lands, as we learn more about controlling invasive plants in an integrated way, wildfire management, and restoring some of the incredible diversity of plant and animal life that once flourished here. Third goal is to improve access to the open space, especially reaching out to populations who do not currently use it, of course within the parameters of protecting the wild nature of the lands. Other "wishes" include completion of better Bay to Sea trails and the Bay and Ridge Trails, better bike paths to trail heads and secure bike parking, more education and research on native plants, and deeper ties to the Native American and other historical populations of our lands. Gary Snyder has said, "in every society, there is a part of the territory that is its wildest place, the least-visited, the most mysterious—that is the wilderness of the society." Every year, that wilderness or open space becomes more and more precious. What level and types of activities do you favor on District preserves? What activities do you oppose? The District's Basic Policy seems a sound and well-thought out set of guidelines, and the District seems to have done a good job of listening to and working with the needs of various user groups. I agree with the goals to keep to low- intensity use, while always keeping an open mind to responsible user groups. My husband and I have had dogs and we bike as well as hike regularly, so I understand the desire for off-leash areas and a variety of trails, some of which are not too wide or manicured — but I also understand that we are first and foremost the stewards of the land for all future generations. We should not allow activities that cause erosion or threaten the quality of natural habitats or water quality. There are many passionate and legitimate opinions and choices to take into consideration in making trail creation, maintenance, and access policies. As Mayor and city council woman, I had the honor and opportunity to oversee master planning for our open space preserves including trail plans, capital projects and restoration. As a board member on the Hidden Villa board, we also struggled with the issues of trail maintenance and access. I have a track record of being a good listener but always making decisions with the future seven generations" in mind. I would also be interested in exploring ways to draw more children and student- age groups to volunteer at and enjoy District open space. Hidden Villa put great emphasis on exposing young minds and souls to both social and environmental diversity. Perhaps through partnerships, there may be efficient ways for the District to do more. What do you see as the major issues of the District today and in the next few years? Discuss. I understand the District is going through a strategic planning process and hopes to issue bonds to allow for more land acquisition. Continued acquisition of strategic open space is top priority, especially to protect watersheds and provide for climate change adaptation, and provide missing linkages for both wildlife passage and human recreation. At the same time, every acre acquired means another acre that needs to be serviced to some degree: restoration, public access, patrolling, and possibly some interpretive services. The district will need to pay significantly more attention to resource management. We should do as much as possible through volunteers and partnerships, but more District resources will be needed as well. Funding the core job of new acquisitions as well as the growing job of land management is always on the front burner. As the District goes out for more funding, it needs to do a better job of reaching out to and staying in touch with new segments of the population in a two-way education and acculturation process. California demographics is dramatically changing and the District is no exception. Please list any additional information about yourself which you would like to include (hobbies, education, family, etc.) I immigrated here as a child with my scientist father and mother. It was my father who gave me a love for the mountains and hiking; my fourth generation Californian husband who introduced me to backpacking in the Sierra Nevadas. My father is 85 years old and still a vigorous walker and traveler, and my husband and I with our daughters often hike Long Ridge and many other trails on the weekends. We marvel at the open space that MROSD has saved for the generations to come. I believe my background will allow me to "hit the ground running", although of course no one can fill Mary Davey's shoes. My experience as Mayor and city council member gives me deep experience in understanding how government agencies operate and how to work cooperatively with other agencies, partner organizations and the public to make decisions, garner data, resources and support, make difficult trade-off decisions and take action. I have also served on non-profit boards such as Hidden Villa and volunteer organizations and understand how to work with them on partnerships. I've also had the experience of living in various parts of the District: Los Altos, Woodside, Menlo Park as well as Palo Alto. Finally, I wrote the book in 1988 which foretold the demographic change that our state would see to one with no majority but all minorities. I became part of those statistics when I had the honor of becoming the first Asian elected to the Palo Alto City Council in 2001. It was a great honor to serve on the city council and regional boards for eight years, and I would be honored to continue the path-breaking work begun by Nonette Hanko, Mary Davey, Byron Sher and many others. I have the time, passion and experience to serve the Mid-Peninsula Regional Open Space District and would be very honored to be selected. •00-10P03 : 33 RCVD i ti W ' Midpeninsula Regional 1 Open Space District APPLICATION FOR DIRECTOR-Ward 2 I am interested in applying for: Unexpired Term ending and/or J�j Term commencing January 3,2011 January 2, 2011 through the next general District election in November 2012 Name `� iJ T 4 I,A CC f LD Dc� G- Residential Voting Address q re `T 14 I 6-R L_,4-n LD C C be ,4-,O-f A L 701 9 (-/l7 a ty! Daytime Telephone 6 510 9A, Evening Telephone Fax Email C°��t/WDrG��/l YA Please list your community activities and/or work experience Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 years? R-10-118 Page 2 What level and types of activities do you favor on District preserves? What activities do you oppose? What do you see as the major issues of the District today and in the next few years?Discuss. Please list any additional information about yourself which you would like to include (hobbies, education, family,etc.) Please provide the names of three(3) references: 4 1, L, Signature of Applicant Date of Applicant Note: All applications will be made available for public inspection. You may use additional sheets to answer questions. COMMUNITY ACTIVITIES AND WORKEXPERIENCE Community Activities Previous: Committee for Green Foothills,President and Legislative Advocate Greenbelt Alliance, Board Member John F. Kennedy University, Board of Regents Los Altos Planning Commissioner Current: Kairos Prison Ministry English as a Second Language Teacher, Catholic Charities Work Experience Previous: Committee for Green Foothills,Office Manager Town of Woodside,Assistant Planning Director City of Cupertino,City Planner City of Campbell, Interim Director of Community Development Current: Certified Green Building Professional Currently retired WHYARE YOU INTERESTED IN SERVING AS DIRECTOR OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS,AND WHAT ARE YOUR MAJOR GOALS FOR THE DISTRICT FOR THE NEXT 10 YEARS? I am interested in serving on the Board of Directors because I love open space, particularly mid-peninsula open space. Open space is the backdrop of the peninsula where I live; it provides visual,recreational,habitat and resource benefits that I cherish. I feel so fortunate to be able to walk from my home to Rancho San Antonio several times a week. I see families,joggers,deer,running water and oak trees, which make me appreciate how beneficial this preserve,and all the open space preserves,are. My appreciation for open space led me to work and volunteer for environmental groups that promote open space preservation,and to seek a career in urban planning,where balancing development and preservation is critical. For example, Woodside instituted a resource conservation matrix that identified sensitive environmental factors,such as slope and vegetation,to determine the density of development Cupertino approved an ordinance that requires sensitive development in the hillsides,such as limiting grading quantities and placing houses below the ridgelines. -2- I also want to serve because I have experience in comprehensive planning,having managed three comprehensive General Plan projects. I believe that my experience is relevant to MROSD's strategic planning process,as well as specific planning projects, and I am glad to offer my skills to create a bright future for the District. My goals for the next 10 years are: Make the most of the budget challenges by prioritizing acquisitions,and seeking new funding opportunities Involve the community so that they will have a vested interest in the District's mission,and to offer opportunities to enjoy and treasure our open spaces in a variety ways Balance the need for people to use and enjoy the open space preserves with the need to sustain creatures and the land WHAT LEVELSAND TYPES OFACTIVITIES DO YOU FAVOR ON DISTRICT PRESERVES? WHAT ACTIVITIES DO YOU OPPOSE? I support primarily walking, hiking,studying,and observing on the district reserves. I support limited activities that have greater physical impacts on the P PP g P Y P preserves,such as bicycling, horse back riding and dog walking. I oppose activities that permanently detract from open space,such as large parking lots,large buildings and extensive roads. WHAT DO YOU SEERS THE MAJOR ISSUES OF THE DISTRICT TODAYAND IN THE NEXT FEW YEARS? Fiscal challenges: implementing programs and projects,purchasing additional land and getting and retaining top staff i Use challenges: balancing access and parking with passive use of open space, maintaining the natural qualities of high use areas Engagement challenges:staying on top of new ways that people like to recreate, maintaining buy-in from the community for the District PLEASE LISTANYADDITIONAL INFORMATIONABOUT YOURSELF WHICH YOU WOULD TO INCLUDE(HOBBIES,EDUCATION,FAMILY,ETC.) I have a bachelor's degree from Occidental College and Masters in Urban Planning from San Jose State University. i -3- j I grew up in Nebraska,went to college in California and have been in beautiful California ever since. I was influenced by Earth Day,which made me realize how important the natural earth was to me,and that I wanted to play a role in its protection. My hobbies are music (playing the piano),walking and volunteering. I am married to Robert Wordell;we have one son and three granddaughters. THREE REFERENCES Larry Chu,Sr. Chef Chu's Restaurant 1067 North San Antonio Road Los Altos, California 94022 650 948-2696 (Resident of Los Altos Hills) Peter LaTourette 1019 Loma Prieta Court Los Altos, California 94024 650 961-2741 James Wahl 1 ren g Assistant City Manager City of Los Altos 1 North San Antonio Road Los Altos, California 94022 650 947-2700 11 -Ob-10PO4 : 05 RCVD Midpeninsula Regional • ' Open Space District APPLICATION FOR DIRECTOR—Ward 2 I am interested in applying for: Unexpired Term ending and/or ® Term commencing January 3, 2011 January 2, 2011 through the next general District election in November 2012 Name Residential Voting Address Daytime Telephone Evening Telephone —l�� e Email �l�l/�CJ'�'•� ,��,f��Qom Please list your community activities and/or work experience G AO., �,5 Gam' o?l /��,�C-s�'9r"•y Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open Space District Board of Directors, and what are your goals for the District for the next 10 years? 10 �� KC /o' �JG ��'t G�k/✓'�a�l/'fi/� /e .Sr- 44 l�U f�Sr-- R-10-118 Page What level and types of activities do you favor on District preserves? What activities do you oppose? GCS /'',�i4•.,� /� Ci�� G �-'�r� What do you see as the major issues of the District today and in the next few years? Discuss. Please list any additional information about yourself which you would like to include (hobbies, education, family, etc.) ae Please provide the names of three (3) references: Signature of Applicant Date of Applicant Note: All applications will be made available for public inspection. You may use additional sheets to ansiwer questions. Page I of I ATTACHMENT 2 Michelle Radcliffe From: chu, shui ling [shuiling.chu@rov.sccgov.org] Sent: Friday, November 05, 2010 2:56 PM To: Michelle Radcliffe Subject: RE: Another Verification Hi Michelle, Voter registration verified, this address is also in District 2. Regards, Shui Ling From: Michelle Radcliffe [mailto:mradcliffe@openspace.org] Sent: Friday, November 05, 2010 2:47 PM To: chu, shui ling Subject: Another Verification Hi, Shui Ling — I have one more voter registration verification - Arthur Deex 25396 La Loma Drive Los Altos Hill, CA 94022 Please let me know if you have any questions. Thanks. Michelle Radcliffe, CIVIC District Clerk mradcliffe@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 11/5/2010 ..... ...... Page 1 of 1 Michelle Radcliffe From: chu, shui ling [shuiling.chu@rov.sccgov.org] Sent: Monday, November 08, 2010 1:30 PM To: Michelle Radcliffe Subject: RE: Verification Hi Michelle, Breene Kerr—we have registration at a different Los Altos Hills address which is also in District 2, may be he changed his address without notifying us. Frances Mann-Craik—the registration shows the address as 11885 Skyline Blvd, it is in District 2. Sean McKenna—we have one matched registration, it is in District 2. Just send the names over when you have them, I will take care of it. Regards, Shui Ling Chu (408) 282-3093 From: Michelle Radcliffe [mailto:mradcliffe@openspace.org] Sent: Monday, November 08, 2010 1:19 PM To: chu, shui ling Subject: Verification Hi, Shui Ling - I have a few more applicants and addresses that I need verified as registered voters in District Ward 2: . Breene Kerr, 26045 Duval Way, Los Altos Hills, CA 94022 . Frances Mann-Craik, 1 185 Skyline Blvd, Los Gatos, CA 95033 . Sean McKenna, 1255 Sandalwood Lane, Los Altos, CA 94024 The deadline for applications for the vacant Director seat in Ward 2 is 5:00 p.m. today so I may have a few more verifications to ask of you. Please let me know if you have any questions. Thanks! Michelle Michelle Radcliffe, CIVIC District Clerk mradcliffe@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 11/8/2010 i Page 1 of 1 Michelle Radcliffe From: chu, shui ling [shuiling.chu@rov.sccgov.org) Sent: Friday, November 05, 2010 2:55 PM I To: Michelle Radcliffe Subject: RE: Registered Voter Verification Hi Michelle, Voter registration verified, this address is in District 2 Regards. Shui Ling Chu From: Michelle Radcliffe [ma i Ito:mradcliffe@openspace.org] Sent: Friday, November 05, 2010 2:39 PM To: chu, shui ling Subject: Registered Voter Verification Hi, Shui Ling - Can you please verify another voter for me and confirm if she is in District Ward 2? Yoriko Kishimoto 251 Embarcadero Road Palo Alto, CA 94301 v an qu estions. . Thanks! me know if you have Please let Y Y q � I Michelle Radcliffe, CIVIC District Clerk mradcliffe openspace.ora Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 I i 11/5/2010 Page I of I Michelle Radcliffe From: chu, shui ling [shuiling.chu@rov.sccgov.org] Sent: Monday, November 08, 2010 3:53 PM To: Michelle Radcliffe Subject: Another Verification Hi Michelle, The registration is verified and it is in Ward 2. Regards, Shui Ling From: Michelle Radcliffe [mailto:mradcliffe@openspace.org] Sent: Monday, November 08, 2010 3:50 PM To: chu, shui ling Subject: Another Verification Hi, Shui Ling — Here is one more: Cynthia "Ciddy" Wordell, 867 Highlands Circle, Los Altos, CA 94024 Thanks! Michelle Michelle Radcliffe, CIVIC District Clerk mradcliffe@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 11/8/2010 Page 1 of 1 Michelle Radcliffe From: chu, shui ling [shuiling.chu@rov.sccgov.org] Sent: Monday, November 08, 2010 4:14 PM To: Michelle Radcliffe Subject: another one...sorry Hi Michelle, The registration is good and it is in Ward 2. Regards, Shui Ling From: Michelle Radcliffe [mailto:mradcliffe@openspace.org] Sent: Monday, November 08, 2010 4:12 PM To: chu, shui ling Subject: another one...sorry Hi, Shui Ling — This application was just submitted: . Dexter Hake, 12830 Viscaino Road, Los Altos Hills, CA 94022 Thanks! Michelle Radcliffe, CIVIC District Clerk mradcliffe@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 11/8/2010 I -- - Palo Alto - 3b� T NASA .$ ,,,,+,♦„.,.. .... c eR ! 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S..........,..,....,. . s.o Ant Rancho i Z / I_._....' San Antonio 'coun r_ Trill h r l Monte .•. •� -'" +� Bello yTM•^ '� v r. ., Skyline - Monte Bello ... I Ridge •K3'9FR'• o.,. _ Monte Bello i Ward Boundaries Midpeninsula Regional Open Space District 1 3 Q 5 7 November 2010 � 2 4 6 i:65,000 e . , 0 0.25 05 1 Miles - Ravenswood r � • ""'�S eaytlone San „Y�„ - F: Park Salt Ports ''y✓%Y},{ R.<narron q.aroratlon R Francisco Ravenswood r r R(,'•1 ,!` pC'� r •� •�� ., a" .,...Palo Alto .. Baylands a . z f Nature `, • "�,,,,(, p rii P rk-r'"..�' }.._ reserve _ I ; Atherton.. Palo ' �'. /j. '•. `�` ,�/,. ,:' .,��. �~ \ .r Bay. li 251 Embarcadero Road Palo Alto, CA 94301 f / cwmn Y'hIFC e 4 \\` C Palo Alto L e 'Jasper Ridge :ologica' Jasper Ridge Saw Biolo Ical Preserve -E {Stanford) �f,';,✓ Stanford f -i Lands ` J" 1, � .... � �,�•, f /rastradero 2 Preserve ; City'of Palo Alto) ' Los Altos 4 Wndy %s Hill y �- If Hill -- \. q Ward Boundaries Midpeninsula Regional Open Space District 1 3 5 7 November 2010 2 4 6 165,000 Miles e 0 015 0.5 1 Palo Alto NA I RASA tey ,•�� # Ames k Research) . Center Stanford Lands r ` 41 Pit . r "Wountain Vi " '4O 1 A astradero - w reserve City of Palo Alto'l Los Altos 3 a Foothills - Park T! _ fty of Palo Alto) F.� 867 Highlands Circle # y '' '"�"` r a Los Altos, CA 94024 Hidden Villa ^:•' t „t•f- �- .. ` � � �,• Rancho q" San Antonio .�•�, !~ `�\ .� f chy t / Rerrc Fw — I. os Los nn 5 _ Rancho`^ l ~� My ti __ LJ � S.n Antonio cW^4 Monte r Tra aJ �« �t ,Bello y -. •� line e Monte =•de �\, _ v •� Bello l ' ' Ridge' �e � :.._.. ,• �t F" 4 ! Monte ; Bello - �0 Ward Boundaries Midpeninsula Regional Open Space District 1 3 Q 5 - 7 November 2010 2 4 6 1:65,000 M 4. k e Miles 0 0.25 0.5 1 ' Palo Alto w.w�. .•w - NASA L.kr Ames k _" �.w�•.,�.p,.nrt, "V:'w •P'rs- �":.. G...•.. Research ,., Center JF tz Stanford �f Lands ountain Vi Arastradero ;� Preserve 1 � " a ' tty of Palo Alto) _ .- -, Los Altos 12830 Viscaino Road Los Altos Hills, CA 94022 w Foothills c^` .ti% fw '•.r ' ,� / ' Foothills Park ' City of Palo Alto) ~ �� Hitltlen Villa' • `� � �• `*,... � �f �1 Rancho - _ �. San Antonio �. ^• e 11� POST / Rancho Tta :• w-' Ic - San Antonio %c...t 1 , X Monte Bello line ge I Skyline h.� Monte ,� •-- - /1 Ridge• Bello M -` I u.. l • w• r ; ..-.._.. -. -,.. Monte : • - � ,`ti, Bello Ward Boundaries Midpeninsula Regional Open Space District 1 3 5 7 November 2010 � 2 4 6 1.65,000 e Miles 0 025 0.5 1 Midpeninsula Regional Open Space District r � ATTACHMENT 4 PROCEDURES FOR INTERVIEWS First Round l. Order of appearance of applicants established in a random drawing of names. 2. Each candidate is allotted up to five minutes for opening statement and a minimum of three minutes for clarifying questions by the Board. 3. Round-robin questioning by Board members of applicants for a maximum of 30 minutes. Random drawing for order of appearance for final statements. 4. Board recess for 10 minutes. 5. Each applicant will have two minutes maximum for a final statement. 6. Each Board member casts a signed ballot for up to six top choices for second round interviews. 7. Clerk keeps ballots for later public inspection. 8. Voting tallied and announced by District Clerk. 9. The field will be narrowed for the second round to half of the original number of applicants, but at most four,based upon the candidates receiving the most votes. Second Round 1. Random drawing for order of appearance. 2. Each finalist allotted 20 minutes for answering questions posed by the Board. 3. Random drawing for order of appearance for final statements. 4. 10 minute recess. 5. Each finalist will get five minutes for summary. 6. Each Board member casts a signed ballot for his or her choice of appointment. 7. Voting tallied and announced by District Clerk. 8. District Clerk keeps ballots for later public inspection. 9. If no candidate receives four votes, there will be additional votes on the full list of finalists until a candidate receives four votes. 10. Board adopts resolution naming appointment to fill the office. Absence of candidates from interviews—The Board will consider the written application and supplementary information provided by candidates who cannot attend one or both sessions. ' IMidpeninsula Regional Open Space District r a ATTACHMENT 5 Schedule for Appointment of Ward 2 Director of Midpeninsula Regional Open Space District October 2, 2010 Effective date of Ward 2 vacancy October 13, 2010 Board meets to approve filling vacancy by appointment October 10-20, 2010 Press release announcing District's intent to fill Ward 2 vacancy by appointment Posting of notice at least 15 days before appointment is made of District's intent to fill III vacancy Publishing of vacancy notice and intent to fill by appointment in San Jose Mercury News, Palo Alto Daily, Palo Alto Weekly, Los Altos Town Crier, and Cupertino Courier November 8, 2010 Deadline for receipt of applications for Ward 2 ( pp period) 3 week a lication November 17, 2010 Special Board Meeting, if needed, for the purpose of screening applications if more than ten (10) applications are received. Applications will be screened to select no more than eight(8) candidates to be interviewed. November 22, 2010 Special Meeting: Initial interviews for Ward 2 applicants November 29, 2010 Special Meeting: Final Interview for Ward 2 applicants Appointment of new Ward 2 Director Adoption of Appointment Resolution Swearing in of New Director December 1, 2010 Last day to fill position by appointment i t • Midpeninsula Regional Open Space District R-10-144 Meeting 10-32 Date of Meeting AGENDA ITEM 7 AGENDA ITEM Informational Update on the Vision for Public Access at Mount Umunhum in Sierra Azul Open Space Preserve W ' GENERAL MANAGER'S RECOMMENDATIONS 1. Receive an update on the initial vision for public access at Mt. Umunhum, and 2. Continu e to work with the Sierra Azul/Bear Creek Redwood s Ad Hoc Committee to finalize the Committees recommendation for the project description to be presented to the Board for consideration at the Special Meeting on December 9, 2010. SUMMARY This brief presentation will provide information on the initial vision for public access to the summit of Mount Umunhum, as created by staff and tentatively approved by the Committee, which incorporates public input gathered as a result of the first public workshop on September 30, 2010, in Los Gatos. This vision will be finalized and presented to the Board at a third public meeting on December 9, 2010, as the Committee recommendation for public access at Mount Umunhum. DISCUSSION The first public workshop for the Mount Umunhum Site Planning Project provided abundant feedback on the initial three themes for public access. In addition, visitors to the District's website were offered a similar opportunity to comment on the three themes. Comments were also received via the websites' dedicated Mount Umunhum e-mail address, and from comment cards sent in after the meeting. In addition to this feedback, staff met with two new stakeholder groups for their input (bringing the total stakeholder groups interviewed to 29). All input was considered in the development of a vision for public access, which was presented to the District's Management Team for their review and input during two meetings, reviewed and refined by field staff at a workshop led by Restoration Design Group, the landscape architects and planning consultants working on the project, administrative staff, and the Mount Umunhum Site Planning Team. Staff incorporated all input into a vision for public access, which has been refined and R-10-144 Page 2 tentatively pp Y approved b the Sierra Azul/Bear Creek Redwoods Ad Hoc Committee; the Committee's recommendation for public access will be presented to the Board at the meeting. FISCAL IMPACT No fiscal impact is associated with this informational report. PUBLIC NOTICE Broad public notice was provided as required b the Brown Act to over 4,600 postcard recipients p q Y p p and 390 e-mail recipients for this meeting and the Special Meeting scheduled for December 9, 2010. CEQA COMPLIANCE An informational presentation on a vision for public access to Mt. Umunhum is not a project under CEQA. No decisions will be made by the Board to undertake a particular public access project. NEXT STEPS An open house is scheduled for Thursday, November 18, 2010, from 4:00—9:00 p.m., at the District's Administrative Office, to provide the public an opportunity to comment on the vision for public access. Input will be analyzed and included in a refined vision to be presented to the Ad Hoc Committee on Tuesday, November 30, 2010, for their approval. At its meeting on December 9, 2010, this refined vision will be presented to the Board as the Ad Hoc Committee's recommendation for public access at Mount Umunhum. If approved by the Board, this will serve as the project description for purposes of CEQA and the environmental review process will move forward including additional opportunities for public comment. The December 91h meeting will also serve as the initial scoping meeting to identify potential environmental impacts to inform the environmental review process. Prepared by: Meredith Manning, Senior Planner Contact person: Same I MOUNT UMUNi . JM VISION FOR P .., BLIC ACCESS Project Phasing Schedule and Funding Requirements • 2017 i • PHASE 1 PHASE 2 PHASE 3 Total Project CLEAN UP RESTORATION AND ACCESS FACILITIES DEVELOPMENT Cost $13. 1M $9.9M (Unsecured) $3.2M (Secured) $3 . 2M ; $2 . OM $5 . 8M $2 . 1 M PROJECT PLANNING , DESIGN , CONSTRUCTION_DOCS , AND PERMITTING [Site clean up and structural demolition Radar tower safety upgrade Temporary parking lot at summit Mt. Umunhum Road improvements Trail connections to Barlow Road, Lexington Basin via Ralph's Mtn Ecological restoration at summit, minimal visitor amenities and trails Permanent parking lots at summit F-1 Potentially funded Interpretive features and programming, by grants multi-use trail Potentially funded Foundation demolition, restoration in by parking fee former housing area Interpretive center, Backpack cam "Umunhum to the Sea", Mt. Thayer trail connections Ongoing Costs to District Shown Below Line New administrative and field staff positions ($500k annually) Site maintenance (unknown ) Road maintenance ($60k annually) Midpeninsula Regional Open Space District R-10-128 Meeting 10-32 November 17, 2010 AGENDA ITEM 8 AGENDA ITEM Authorization to Amend a Contract with Restoration Design Group, LLC (RDG) for an Additional $15,100 to Continue Providing Graphic and Design Consulting Services for the Mount Umunhum Restoration and Public Access Project J GENERAL MANAGER'S RECOMMENDATION I Authorization to amend the contract with RDG for an additional $15,100 to continue providing graphic and design services for the Mount Umunhum Restoration and Public Access Project for a total amount not to exceed $40,000. SUMMARY RDG provided exemplary design and graphics services for the Mount Umunhum Restoration and Public Access Project, including preparation of the "Theme" graphics for the September 30, 2010, Public Meeting. To support this project's environmental review schedule, additional design services are required to develop a site plan and project description. The General Manager therefore recommends that the RDG contract be amended for an additional $15,100 for a contract amount not to exceed $40,000 to cover the additional services. DISCUSSION The planning process is underway to develop public access facilities at Mount Umunhum, potentially including regional trail connections, new loop trails, benches, picnic area, and interpretive signage, among other site amenities. Mount Umunhum and its future are of particular interest to the public, and effective outreach is critical to the success of the site planning project. To that end, the landscape architecture firm RDG was contracted to develop graphics depicting various site development ideas for the first public meeting. The current contract also includes refinement of these graphics into a preferred alternative for public review at the planned second public meeting. However, additional meetings were added to the site planning calendar due to the requirements of the California Environmental Quality Act (CEQA) process. RDG's attendance at the meetings as well as preparation of supplementary graphics requires additional scope and budget within their contract. R-10-125 Page 2 In addition to public participation,broad staff input is essential to effectively open Mount Umunhum to public access. Following initial development of a preferred alternative, a conceptual design workshop was held at the Foothills Field Office, which included field staff from both field offices, to incorporate staff expertise into the development of the public access features to be recommended. RDG produced materials for and facilitated the workshop, and used staff and Ad Hoc Committee input to refine the preferred alternative. This and other additional site planning assistance, including preparation of a conceptual plan for inclusion in the project's environmental documents, would also be added to the current contract. RDG is a Landscape Architecture firm based in Berkeley, California specializing in creating meaningful places that serve communities and ecosystem health. The firm was retained after submitting a project proposal and portfolio in response to a request for written quotes. Two other firms submitted proposals. RDG previously served as the design consultant for the Alpine Pond Habitat Restoration and Public Access Project. FISCAL IMPACT The FY2010-11 budget includes a portion of the total contract amount for Mount Umunhum site design and graphic assistance. Staff will request the remaining amount necessary to carry the project forward through the end of the fiscal year at the mid-year budget cycle. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Retention of design consultants to prepare planning documents and displays does not constitute a Project under CEQA. Tentative approval of the Mount Umunhum Public Access Project Description by the Board of Directors, which is expected to occur in December 2010, will be subject to CEQA review. NEXTSTEP Upon Board authorization, the General Manager will amend the contract with RDG for$15,100 for a contract amount not to exceed $40,000. Prepared by: Lisa Bankosh, Open Space Planner II Contact person: Same as above Midpeninsula Regional Open Space District R-10-127 Meeting 10-32 November 17, 2010 AGENDA ITEM 9 AGENDA ITEM Award of Contract with 11-11 Environmental to perform Third Party Monitoring of the Remediation Project at the Former Almaden Air Force Station on Mount Umunhum GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with IHI Environmental in an amount not to exceed $120,000 with a contingency of$15,000 in support of the Mount Umunhum remediation project at Sierra Azul Open Space Preserve. SUMMARY The United States Army Corps of Engineers (USACE) has awarded the contract to complete the remediation of hazardous containing building materials at the former Almaden Air Force station at Mount Umunhum. The contractor completing the work for the USACE will be responsible for all reporting, permitting, and clearances required under federal, state and local regulatory agencies. The terms and conditions within federal contracting (much of which is written for projects taking place on federal lands) do not adequately protect the District should any of the USACE contracted remediation work result in damage to District property, adjoining properties, or to the remediation workers. The Third Party Monitor will be on site at all times that remediation work is underway, acting on the District's behalf, observing and documenting the remediation work being completed by the USACE contractor, in order to reduce liability risk to the District. DISCUSSION History In 1986, the District acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer (see Report 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 the cleanup of Mount Umunhum. These funds are being used specifically for Phase I of the Mount Umunhum project, which includes remediation of contaminated building materials. On August 30, 2010, the Board adopted the Mitigated Negative Declaration for completing the Structure Abatement work at Mount R-10-127 Page 2 Umunhum (see Report 10-102). The Third Party Monitor will be performing monitoring services for the Structure Abatement Work. Third Party Monitoring Scope The Monitor will act as the District's "peer reviewer", documenting all remediation activities on site with the specific intent to protect the District from the potential for future claims resulting from the work of the USACE remediation contractor. USACE is the contracting arm for the remediation work and is managing all work being completed by the remediation contractor. The District has no authority over the work of the USACE contractor. Likewise, the Third Party Monitor will have no authority to direct the work of the remediation contractor. The monitor will document whether proper containments are in place, worker protection procedures are being followed, clearance levels achieved, and proper documentation is completed by the remediation contractor. If non-conforming work is observed, the Third Party Monitor will immediately notify the District, who in turn will contact the USACE Contracting Officer. It will be the responsibility of the USACE to advise and direct the remediation contractor. The final documentation prepared by the Third Party Monitor will provide the District with independent verification that the remediation work was completed in compliance with all State, Federal and local regulatory requirements. RFQP for Third Party Monitoring Pre-Qualification List A Request For Qualifications and Proposals (RFQP) for Third Party Monitoring was released on October 8, 2010. The RFQP was issued directly to a list of recommended monitoring companies and companies that had made specific inquiries about the project, and was posted on the District website for public review and response. A mandatory site walk was held on October 14, 2010, and five monitoring companies attended. The proposals submittal deadline was 4:00 p.m. on October 27, 2010. The proposals required submission of qualifications and experience as well as a separate sealed envelope with a completed fee and cost worksheet. A total of four(4)proposals were received as shown below. The firms are listed based on their qualifications ranking: Firm Location IHI Environmental Emer ille, CA Forensic Analytical Hayward, CA Acumen San Francisco, CA Pro Tech Redwood City, CA The proposals were carefully evaluated by staff to assess the qualifications of each proposal, including the quality of the proposal and overall team expertise. The two most qualified firms for this project were identified by staff. The fee and cost worksheets were reviewed, comparing hourly rates and sampling costs.. Based on the criteria outlined in the RFQP, staff has determined that IHI Environmental has the expertise, staffing and experience, as well as a very competitive fee worksheet to provide the consulting services needed to perform the third party monitoring of the remediation work. R-10-127 Page 3 FISCAL IMPACT Federal Appropriation The District received a$3.2 million federal appropriation in FY2010-11. $1,304,771 of these funds have been obligated directly to the District for project management costs, professional services, and demolition contracting associated with the Phase I Remediation project. The District will submit the$120,000 cost associated with the Third Party Monitoring, and any contingency expended, for reimbursement under the federal grant. District Budget At the Regular Board meeting of March 24, 2010, $180,000 was approved as part of the FY20 10-11 budget for the remediation work at Mount Umunhum (see Report R-10-5 3) and approximately$100,000 of the$13 5,000 requested in this report will be billed to this fiscal year's budget. Approximately$35,000 will be billed to the FY2011-12 budget. Given this contract and other anticipated project expenses, Staff will recommend a midyear budget revision in December 2010 for an additional amount of$107,500 to carry the project forward through the end of the fiscal year. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The monitoring work to be performed will be completed in compliance with the Mitigated Negative Declaration for the Structure Abatement at the Former Almaden Air Force Station, adopted by the Board on August 30, 2010. NEXT STEPS Upon Board authorization, the General Manager will execute a contract with IHI Environmental for$120,000 for professional services for Third Party Monitoring. A $15,000 contingency will be set aside to allow for any additional required monitoring, for a total authorization of$135,000. Prepared by: Gina Coony, Project Manager Contact person: Same as above Midpeninsula Regional • ' open Space District R-10-133 Meeting 10-32 November 17, 2010 AGENDA ITEM 10 AGENDA ITEM Approval of Agreement with the County of Santa Clara for District's Management of Rancho San Antonio County Park and Determine that the Recommended Action are Exempt from the California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the Board President to approve the attached Agreement with the County of Santa Clara (County) for the District's Management of Rancho San Antonio County Park. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report SUMMARY Approval of this Agreement (Attachment 1) will continue the District's management of the developed portion of Rancho San Antonio County Park, and will add approximately 120 acres, commonly known as the Diocese Property. The Agreement also addresses new use and management issues, which have arisen since the first Agreement was signed in May, 2000. The area currently under District management, and the area to be added to the District's management responsibilities, is shown on Attachment 2. DISCUSSION Historical Background I In January 1999, the County of Santa Clara proposed the imposition of entrance fees at all of its parks, including Rancho San Antonio County Park. This park serves as the gateway to the District's 2,000 acre Rancho San Antonio Open Space Preserve. Informal discussions were held between District and County staff regarding Rancho San Antonio County Park, because of the impact of the proposed fees on the park's status as a gateway facility to the District's preserve. During these discussions, it was proposed that the District assume management responsibilities for the County Park if the District was desirous of retaining cost- free entry for the Park and Preserve. R-10-133 Page 2 The Board directed staff to negotiate with the County to reach an Agreement whereby the District would assume the lease and management responsibilities for the County Park, in exchange for financial support of future acquisitions, and a commitment by both the County and the District to the continued support of Deer Hollow Farm. The District and County negotiated for over a year, with the end result being a ten-year Agreement which was approved by the Board on May 24, 2000 (see report R-00-49). The initial Agreement specified that a single payment of$1,500,000 was to be made to the District by the County, with the understanding that $500,000 would be paid to the City of Mountain View, in annual payments of$50,000, for the support of Deer Hollow Farm. The $1,000,000 balance was used by the District for land acquisition. Current status The prior Agreement expired on June 30, 2010. District and County staff began meeting in August 2009 to negotiate a new Agreement. A change in leadership at the County late last year, combined with discussions over the continued support of Deer Hollow Farm and other factors, slowed the process resulting in the need to extend the expired Agreement. To allow sufficient time to negotiate a new Agreement, a short holdover period, that ends on December 31, 2010, was negotiated between District and County staff. Proposed New Agreement The proposed new agreement has a five-year term which, if approved, will be retroactive to July 1, 2010, and will extend until June 30, 2015. An extension to the new Agreement may be negotiated, if desired, by both parties. Given the current economic uncertainties, it was felt that a five-year Agreement would be prudent. In addition to the 165 acres which the District already manages, the new Agreement adds 120 acres of land commonly known as the "Diocese Property" (see Attachment 2). Management Issues The new Agreement also addresses new management issues and concerns which have arisen since the prior Agreement was written in 2000. The new concerns include: the impact of remote controlled model aircraft and helicopters, Integrated Pest Management issues, and the need for compliance with restrictions that the County must work under for fire prevention. Remote Control Model Aircraft In the last ten years, the size and power of remote controlled model aircraft have grown considerably, in addition to their popularity. Complaints have been received from adjoining neighbors and other park users regarding the impact of the newer equipment. Concerns include: fires being started by model aircraft, parked vehicles being damaged by model aircraft, and noise from the model aircraft. . Staff reviewed the 1992 Santa Clara County Park's Master Plan for Rancho San Antonio County Park and identified references to remote control gliders and "electric (quiet)"model aircraft. Technology has changed the nature of this hobby so that more powerful and sometimes noisier electric motors are used to power the model aircraft at, potentially, much higher speeds. R-10-133 Page 3 The new Agreement addresses this issue by having the District and County work collaboratively to develop an approach that will ensure appropriate and safe recreational use of the model aircraft area. If new regulations are required to ensure appropriate and safe recreational use of the model aircraft area, the County will be the lead agency in developing these. The District will provide input and assist with the process, which will include the ability to enforce any new regulations. In addition, the process will include public meetings to gather input from users and neighbors concerning these issues. Integrated Pest Management The County has developed an Integrated Pest Management (IPM) and Pesticide Use Program, which was adopted as County Ordinance B28. As a party in contract with the County, the District must follow the County's standards when performing maintenance and resource management work on County-owned lands. The Agreement allows the District to apply for a two-year exemption from this requirement, and the County has agreed to support the District in this request. During that time the District will work towards compliance with the County's standards. The impact of being required to follow the County's IPM standards is that more hand labor will be required to effectively manage non-native plants on County Park lands. This may result in either increased costs, or decreased work being accomplished. District staff will be looking at ways to implement the County's standards on County owned lands without impacting the District's resource management program. Fire Standards The County has a Memorandum of Understanding (MOU) with the State of California Division of Forestry(CAL FIRE—Formerly CDF). Under this MOU, the County must adhere to certain specific standards for conducting routine maintenance operations such as mowing, when weather conditions reach certain specified limits during the period of May 1st through November 30tn The standards include requirements for fire prevention presence while conducting maintenance operations. The District must adhere to these standards when in the County Park,but the Agreement does allow for modification of the requirements if the District and CAL FIRE agree. "Diocese Property" The addition of the 120 acres of the "Diocese Property" is not anticipated to heavily impact either District maintenance or patrol functions. In the Agreement, the responsibility for dealing with any encroachments from the neighboring sub-division remains with the County. FISCAL IMPACT During the negotiations, an analysis of the costs to manage Rancho San Antonio County Park was conducted. District staff were mindful of the recommendation included in the April 2007, "Land Management and Cost Evaluation Study"that the District should ensure that adequate cost recovery was accomplished when taking on projects such as management of Rancho San Antonio County Park, and that the full cost of such management should be acknowledged. In September 2009, a comprehensive review of the estimated costs (both direct and supporting) for managing Rancho San Antonio County Park was conducted. Some aspects, such as the percentage of time staff spend in the park as opposed to the adjacent preserve, are subjective; however, staff feels that the review was comprehensive and as accurate as possible. R-10-133 Page 4 All costs for managing the County Park for one year were estimated to be $468,244. In negotiations with the County it was decided that the costs should be split between the agencies ($234,122 by each agency), and that the County would pay an additional $50,000 per year for support of Deer Hollow Farm. This amount will be passed through to the City of Mountain View as part of the District's ongoing support of Deer Hollow Farm. An annual payment plan is included in the agreement, and the County's payments for management of the Park include an annual 3% inflation factor. Payment also includes $50,000 per year for support of Deer Hollow Farm. However, there is no inflation factor for the $50,000 Deer Hollow Farm support. Unlike the prior Agreement, the District is not constrained to use the funds for acquisition only and may apply them against operating costs. Payment to the District by the County of Santa Clara for the period of July 1, 2010, through June 30, 2011, will be due within ten days of the execution of the Agreement. The initial payment will be $284,122 and will include $50,000 for support of Deer Hollow Farm. Because of the timing of negotiations, the payment for Deer Hollow Farm, which has already been made by the District to the City of Mountain View, and other expenses related to managing Rancho San Antonio County Park were included in the Operations' Department FY2010-11 budget approved on March 24, 2010. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Section 15301 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The property will not be changed by the District's continued management of the area, and the extension of the District's management responsibilities to the Diocese Property. NEXT STEPS The Agreement has been reviewed by the County of Santa Clara's Housing, Land Use, Environment, and Transportation Committee(HLUET) Committee, which has made a recommendation to the County of Santa Clara Board of Supervisors that the Agreement be approved. If the District's Board and the County Board of Supervisors approve the Agreement, then it is anticipated that the Agreement will go into effect by December 10, 2010. If approved by the District's Board, then the County Board of Supervisors will be considering this Agreement at their November 23rdmeeting. Attachment(s) 1. Agreement for Operation and Management of Rancho San Antonio County Park 2. Map of Rancho San Antonio County Park I R-10-133 Page 5 Prepared by: Gordon Baillie, Management Analyst Contact person: Same II �I Attachment #1 and Attachment #2 are available for review at the District's Administrative Office 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 If you have any questions or would like an electronic copy sent to you, please contact District Clerk Michelle Radcliffe at mradcliffe agopenspace.org Agreement for Operation and Management of Rancho San Antonio County Park between p Mid peninsula Regional Open Space District p g p and the County of Santa Clara (October 28, 2010) 46 r I I This Agreement between the Midpeninsula Regional Open Space District, a special district formed pursuant to California Public Resources Code Article 3, Division 5, Chapter 3, Section 5500 et seq., ("District")and the County of Santa Clara("County"),a political subdivision of the State of California, is for the operation and management of Rancho San Antonio County Park ("Park")as set forth herein. WHEREAS,County owns and operates the Park,as a regional facility for public park and recreation purposes with associated public improvements located in the unincorporated area of Santa Clara County;and WHEREAS,District owns and manages the adjacent Rancho San Antonio Open Space Preserve,an open space preserve("Preserve");and WHEREAS,County and District desire that District assume operation and management of the Park,which serves as a gateway facility to the Preserve; and WHEREAS,County and District desire to ensure continued funding of the District's Deer Hollow Farm ("Deer Hollow'),a cooperative educational component of both the Park and Preserve, managed and operated by the City of Mountain View; and WHEREAS,both Parties have determined that this Agreement is beneficial to the public they serve,will prevent duplication of services,and will carry out their respective objectives and purposes through the common planning, operation,and management of a cohesive system of trails in the Park and Preserve for public use and enjoyment; Now therefore,in consideration of the mutual promises,covenants,and conditions contained herein, District and County agree: Article I Park The term "Park"shall mean the existing 165-acre parcel,as identified in the Rancho San Antonio County Park Master Plan Report of May 1992("Master Plan"),plus the areas generally identified as the"Diocese Land",all as more specifically shown on the Plat attached hereto and incorporated herein as Exhibit 1. Article 11 Term The initial term("Initial Term")of this Agreement shall retroactively commence on July 1,2010 ("Commencement Date'),and shall terminate at midnight,June 30,2015 unless extended as set forth herein. The parties may agree to extend this Agreement("Extended Tenn"),by mutual written consent. If either party desires an Extended Tenn,that party shall notify the other,in writing,at least nine(9)months before the end of the Term or Extended Tenn,as the case may be.If the parties agree on conditions for an Extended Tenn,the parties must work in good faith to have the written amendment approved in accordance with their respective legal requirements at least three(3)months before the end of the then current Tenn. Page 1 Article III Compensation County shall pay to District: a. Within ten days of the execution of this Agreement,for a period to cover July 1,2010 through June 30,2011,the sum of$284,122.00,of which$50,000.00 is for support of Deer Hollow. b. On or before September 1,2011,for a period to cover July 1,2011 through June 30,2012, the sum of$291,146,of which$50,000.00 is for support of Deer Hollow. c. On or before September 1,2012,for a period to cover July 1,2012 through June 30,2013, the sum of$298,380.00,of which$50,000.00 is for support of Deer Hollow. d. On or before September 1,2013,for a period to cover July 1,2013 through June 30,2014, the sum of$305,832.00,of which$50,000.00 is for support of Deer Hollow. e. On or before September 1,2014,for a period to cover July 1,2014 through June 30,2015, the sum of$313,507.00,of which$50,000.00 is for support of Deer Hollow. District shall invoice County on or before June 30t'of each year this Agreement is in effect for the payments set out in subsections(b)-(e).County shall pay the sum set out in subsection(a)as provided therein without invoice. Article IV Rights and Responsibilities of District In consideration of the County's payments,District will maintain the Park in a clean and orderly condition,and make the Park accessible to the public in such manner and by such means as will reflect positively upon District and County. District's responsibilities will include,but are not limited to: a. District shall patrol and manage the Park in a manner consistent with its management of the Preserve to endeavor to ensure that the Park is maintained in a safe and sanitary condition and that deleterious or incompatible uses of the Park are prohibited. Should any unauthorized use or activity occur in Park,District may exercise its authority to correct these matters,including,where necessary,enforcing District regulations and ordinances and County ordinances.The Park shall be deemed under District control for purposes of enforcement authority under Public Resources Code Section 5558 and are"District Lands,"as defined in District Ordinance No.93-1. b. District shall report any encroachments or trespass by the neighboring properties upon the Park to the County. c. In managing the Park pursuant to this Agreement, District will comply with the County's Integrated Pest Management Ordinance, attached as Exhibit 2 and incorporated by reference("IPM Ordinance"). The Parties acknowledge that the District will apply for a two-year exemption under section B28-10 of the IPM Ordinance. During the period of such exemption, if granted, the District will comply with District's Integrated Pest Management Policy, and thereafter the District will comply with the County's Integrated Pest Management Ordinance. d. District shall conduct all maintenance and operations activities in accordance with the County's Memorandum of Understanding with the State of California Division of Forestry("CDF MOU") attached as Exhibit 3 and incorporated by reference for the operation of equipment to prevent fires. The parties acknowledge that the District may propose to CDF maintenance and operations practices in the Park that may supplement or modify those set out in the CDF MOU and if approved by CDF and Page 12 the County, the District may undertake such practices. e. District shall set hours of Park operation. f. The Parties acknowledge that the County's Rancho San Antonio Park Master Plan Map includes a small Park area designated for model airplane gliders and those with quiet electric motors. Since the adoption of the Master Plan in 1992,this recreational use has changed in nature due to among other things development of significantly larger,noisier and more powerful model airplanes and helicopters not envisioned at the time of Plan adoption.The Parties share the goal of providing safe and appropriate recreational uses in the Park and insuring such uses are compatible with other recreational uses in the Park.To that end,during the six month period commencing on the date of full execution of this Agreement by both Parties,the District and County shall meet in a good faith effort to develop an effective approach to attain this goal,including development of appropriate rules,regulations,signage and fencing as deemed necessary or appropriate.District shall provide County with recommendations regarding appropriate remote control model airplane and helicopter recreational use,and shall work with the County on an outreach and public input process to attain the Parties' goal to conform this use to the original intent and scope of the Master Plan.The District and County will collaborate on developing appropriate regulations or rules if needed to address this change in recreational use. Such regulations or rules may include,but not be limited to:discontinuation of such activity if deemed unsafe and inappropriate for the Park,aircraft-type restrictions,noise control,user conflict reductions,limits on aircraft speed and operation,and the establishment of"no- fly"areas.District will have the authority to enforce such rules or regulations. g. District shall issue and administer all pernuts for vending and special uses for the Park. District shall set the standards for the issuance of such permits,the issuance of which shall be within the sole discretion of District.County represents and warrants that no legal or valid permits are outstanding as of the commencement of the Term. h. District may undertake such other operational,enforcement or regulation activities,as District deems appropriate to the safe and orderly operation of the Park,including but not limited to areas with special use designations e.g., tennis courts. i. District shall provide routine maintenance and repair of the surfaced areas,including crack-sealing,and repair of degraded Park areas. j. District shall provide routine maintenance of the tennis courts,including replacement of the tennis nets as necessary,but excluding sweeping or washing of the courts,and excluding regulation of tennis play. k. District shall provide grounds maintenance,including mowing of Park use areas,fencing, landscaping adjacent to parking lots,emptying and replacement of garbage cans and associated holders,and policing of the Park for litter and general appearance. 1. District shall provide maintenance and repair of all existing facilities,including restrooms, water and irrigation systems,electric gates and bridges provided that the cost of any individual repair or maintenance project does not exceed$25,000.00. in. District shall have no maintenance or repair responsibilities for the pedestrian bridge over Permanente Creek located on the northernmost boundary of the Park identified as such on Exhibit 1. Page 13 n. District shall have the right to enact and implement management policies and practices including,but not limited to resource,wildlife,and recreation management,wildland fire protection,and any other matters necessary or appropriate for management of the Park by District,as long as such policies and practices conform to the requirements in Exhibits 1 - 4,and the County's ordinance prohibiting smoking in County parkland. o. District shall have the right to designate portions of the Permanente Creek riparian corridor as closed to public use on both a seasonal and permanent basis as appropriate,and to enforce such closures pursuant to District ordinances and regulations,to protect sensitive riparian habitat.District may close other portions of the Park where and when deemed necessary to avoid or correct a public health,safety or environmental hazard. p. The District shall be responsible for compliance with applicable federal,state and local laws with respect to its management activities.The District shall have no responsibility for violations of such laws caused by pre-existing conditions,activities occurring on adjacent developments,or any other factor outside of the District's control. Article V Rights and Responsibilities of County a. County shall be solely responsible for the management,operation,repair and maintenance of the pedestrian bridge across Permanente Creek on the northernmost boundary of the Park. b. County shall pay for mutually agreed upon single item capital expenditures,where these are reasonably estimated to exceed$25,000.00 per project.The process for determining whether to undertake such projects is as follows: 1. County and District will meet at least annually, on or before September 16 of each year to identify the maintenance and repair needs of the Park and develop a list of any maintenance projects proposed for the following County fiscal year.The proposing party will provide cost estimates for such proposal. 2. The County Director of Parks and Recreation will determine at his or her sole discretion if a project is to be undertaken and provide the District with his or her written decision. 3. If the Director approves a project,County will submit its funding request for the following County fiscal year(July 1-June 30)through its regular budget process. 4. If County's Board of Supervisors approves the project budget item,County will proceed and complete the project. 5. If County disapproves a project reviewed pursuant to this subsection,District may, but is not required to,undertake such project if District,in its reasonable discretion, believes that such project is necessary for the protection of the public safety,health, welfare or the environment. 6. In the event County's Board of Supervisors approve the project budget item, and County and District agree that it is in the best interests of both agencies that District carry out the County-funded project,then,prior to its commencement, County and District shall mutually agree in writing upon appropriate procedures for the bidding,contracting and payment for such project. Page 14 c. County shall maintain the same level of Office of the Sheriff law enforcement contract services(the"MOU"),including provision for routine patrols and emergency or urgent response,to,in and around the Park,at or above the level of services existing upon the date of execution of this Agreement.County shall timely notify District in writing of any amendments,modifications,or the expiration or other termination of the MOU. d. County shall be solely responsible for reviewing,negotiating and approving any easements,rights-of-way,plans and construction of all utilities or facilities to be constructed on the County's lands provided,however,that in no way shall any such easements,rights-of-way,plans or construction of utilities or facilities in any way increase District responsibilities or duties hereunder without the express written consent of District.County shall provide opportunities for District to comment on the plans and construction arrangements.County shall coordinate with District on the construction schedule,public information arrangements and safety measures to be taken during the construction. e. County shall be solely responsible for dealing with any encroachments or trespasses by the neighboring properties upon the Park. Article VI Signage and Brochures. a. District may install,replace,modify or remove signage, including, but not limited to,trail signs,directional signs, interpretive signs and information kiosks to conform to District's sign standards. District and County shall agree upon standards for signs to be placed in the Park or that refer to the Park. b. District has developed a trail ma brochure that identifies the relationship of the � P p County and District in the Park and acknowledges the cooperation between the two jurisdictions in providing a regional facility for the public. District will update the trail map brochure to include the Diocese property and trail network in the regular course of District map revision and printing orders. c. District shall include the following in all promotional materials about District's operations in the Park: "Operated in partnership with the Santa Clara County Parks and Recreation Department." The foregoing shall apply to signage or promotional materials created after the Agreement Commencement Date and within 30 days from the date of full execution of this Agreement by both Parties, District shall install a sign at each entrance in accordance with this. Article VII Procedures for Alterations of Park Facilities Either agency may propose alterations to Park facilities. County or District proposals which would materially alter the Master Plan require approval by both County Board of Supervisors and District Board of Directors. Proposals to add, remove or materially alter a Park facility will utilize the following process: Page 15 I a. County and District staff shall consult in good faith on the proposer's conceptual plan and attempt to identify any areas of concern to each.The conceptual plan shall be modified,as reasonably feasible,to address such concerns before proceeding with the next step. b. The proposer shall serve as the lead agency and conduct environmental review as required by California's Environmental Quality Act("CEQA"),including preparation of required reports and studies,circulation for review and notice and hearing requirements.If the proposed project is determined to be categorically exempt from CEQA,the proposing agency must nonetheless hold a public hearing,giving a minimum of 30 days'prior written notice to all neighbors within a quarter-mile radius of the Park.Public input will be considered by County and District staff,in consultation,to prepare the appropriate recommendations to their respective legislative bodies. c. District Board of Directors and County Board of Supervisors shall thereafter receive the proposal with the recommendation of their respective staffs and appropriate CEQA review. d. If a District proposal for addition,removal or alteration is approved by District and County,District shall carry out its proposal at its own expense and shall thereafter,if applicable,be responsible for the operation,maintenance and repair of such added or altered Park facility. If the District and the County approve a County proposal for addition, alteration or removal,the County shall carry out its proposal at its own expense and shall thereafter,if applicable,be responsible for the operation,maintenance and repair of such added or altered Park facility. e. District staff shall coordinate with County in the planning and construction of new trails in the Park. Article VIII Indemnification and Hold Harmless a. In lieu of and notwithstanding the pro-rata risk allocation which might otherwise be i g p 9 .imposed between District and County pursuant to Government Code Section8 5 6 ty P Parties agree that all losses or liabilities incurred by a Party shall not be shared pro-rata, but instead pursuant to Government Code Section 895.4,each Party shall fully indemnify, defend and hold the other Party,its officers,Board members,employees and agents, harmless from any claim,expense or cost,damage or liability occurring by reason of the negligent acts or omissions,or willful misconduct of the indemnifying party,its officers, board members,employees or agents,under or in connection with,or arising out of any obligation,right,work,authority,or jurisdiction of such party under this Agreement. b. No party,nor any officer,Board member,employee or agent thereof,shall be responsible for any damage or liability occurring by reason of the negligent or wrongful acts or omissions or willful misconduct of the other party hereto,their officers,board members, employees or agents,under or in connection with or arising out of any obligation,right, work authority or jurisdiction of such other party under this Agreement. If liability arises due to the concurrent negligence of both Parties,each party shall contribute costs of any such suits,defense,damages,costs and liability in proportion to its fault as determined under the principles of comparative negligence. Article IX Insurance a. Without limiting the indemnification of either party to this Agreement,each party shall Page 16 II maintain in full force,throughout the term of this Agreement,the following insurance coverages:(i)a policy of commercial general liability insurance with limits of liability not less than Two Million Dollars($2,000,000.00)per occurrence/aggregate;(ii))a policy of workers' compensation providing statutory coverage; (iii)a policy of Enviromental/Pollution liability with limits not less than$1,000,000 per occurrence and aggregate for bodily injury,property damage and environmental damage resulting from pollution and related clean up costs incurred arising out of work or services to be peformed under this Agreement. The requirements of this section may be satisfied by the provision of similar coverage through a self-insurance program. b. County represents that it is self-insured and meets the conditions for this Agreement as evidenced by the Statement of Insurance/Self-Insurance,attached hereto and incorporated herein as Exhibit 4. c. District is a member of the California Joint Powers Insurance Association(Ca1JPIA)and shall provide County a Certificate of Insurance evidencing the required coverages promptly after this Agreement is executed and by July 31 st of each year thereafter. Article X Hazardous Materials a. Hazardous Materials.County represents and warrants that,to the best of its knowledge based on the inspection and review stated herein,no Hazardous Materials exist on,under, or in the Diocese Land. For the purposes of this Agreement,such representation and warranty is based upon the County Park and Recreation Department Real Estate Division's visual inspection of the Diocese Land and review of acquisition records for information related to hazardous material disclosures. b. Indemnification by County. County shall indemnify,defend upon demand with counsel reasonably acceptable to District,and hold harmless District from and against any liabilities,losses,claims,damages,lost profits,consequential damages,interest,penalties, fines,monetary sanctions,attorneys'fees,experts'fees,court costs,remediation costs, investigation costs,and other expenses which result from or arise in any manner whatsoever out of the use,storage,treatment,transportation,release,disposal,or presence of Hazardous Materials on,in,under,or about the Park which are introduced or are permitted to be introduced by County or any of its directors,officers,employees or agents, or which have migrated or in the future are migrating from adjacent properties,or (hereinafter,"County Hazardous Materials"). C. Indemnification by District. District shall indemnify,defend upon demand with counsel reasonably acceptable to County,and hold harmless County from and against any liabilities,losses,claims,damages,lost profits,consequential damages,interest,penalties, fines,monetary sanctions,attorneys'fees,experts'fees,court costs,remediation costs, investigation costs,and other expenses which result from or arise in any manner whatsoever out of the use,storage,treatment,transportation,release,disposal,or presence of Hazardous Materials on,in,under,or about the Park,which are introduced,placed,used or permitted by District or any of its directors,officers,employees or agents(hereinafter "District Hazardous Materials). d. District Action. If the presence of District Hazardous Materials in the Park results in contamination or deterioration of water or soil resulting in a level of contamination greater Page 17 than the levels established as acceptable by any governmental agency having jurisdiction over such contamination,then District shall,at its sole cost and expense,promptly take any and all action necessary to investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Park or any part thereof,District shall fiuther be solely responsible for,and shall defend,indemnify and hold County and its agents harmless from and against,all claims,costs and liabilities,including attorneys'fees and costs,arising out of or in connection with any investigation and remediation required hereunder to return the Park to full compliance with all Hazardous Materials Laws. e. County Action. If the presence of County Hazardous Materials in the Park results in contamination or deterioration of water or soil resulting in a level of contamination greater than the levels established as acceptable by any governmental agency having jurisdiction over such contamination,then County shall,at its sole cost and expense,promptly take any and all action necessary to investigate and remediate such contamination if required by law or as a condition to the issuance or continuing effectiveness of any governmental approval which relates to the use of the Park or any part thereof,County shall further be solely responsible for,and shall defend,indemnify and hold District and its agents harmless from in t an d against,all claims costs and liabilities including attorneys'fees and costs arising ou $ � g Y g of or in connection with any investigation and remediation required hereunder to return the Park to full compliance with all Hazardous Materials Laws. Article XI Notice Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following addresses: Midpemnsula Regional Open Space District Attn.:General Manager 330 Distel Circle Los Altos,CA 94022-1404 (650)691-1200 i (650)691-0485(facsimile) Santa Clara County Parks&Recreation AWL:Director 298 Garden Hill Drive Los Gatos,CA 95032 (408)358-3741 (408)358-3245(facsimile) Article XII Termination of Agreement District may terminate this Agreement for non-payment of compensation due hereunder. Should County fail to make any payment when due, District shall notify County in writing and County shall make the required payment within ten (10) days of such notice. Should County fail to make such late payment, District may terminate this Agreement immediately upon written notice to County. Page 18 1 i County may terminate this Agreement for District's default following 30 days written notice by County and District's failure to cure within this 30 day period ("Effective Date of Termination"). In the case of such termination for default, District shall reimburse County for the unexpended portion of the County's annual payment calculated by apportioning an equal amount to each month and multiplying that amount by the months (and fraction of a month) remaining after the Effective Date of Termination. County, in County's sole discretion, may terminate this agreement for its convenience, including budget shortfalls, upon six months' notice to the District. District , in District's sole discretion, may terminate this agreement for its convenience, including budget shortfalls, upon six months' notice to the County. Article XIII Miscellaneous Provisions a. Assignment. Neither District nor County shall assign any rights or responsibilities under this Agreement without the prior written consent of other party.Any assignment without such prior written consent of the other party shall be void. b. Severability. Should any part of this Agreement be declared by a final decision of a court or tribunal of competent jurisdiction to be unconstitutional,invalid or beyond the authority of either party to enter into or carry out,such decision shall not affect the validity of the remainder of this Agreement,which shall continue in full force and effect,provided that the remainder of this Agreement,absent the excised portion,can be reasonably interpreted to give effect to the intentions of the parties. c. Pronoun References. When appropriate,the use of the singular shall include the plural, and the plural shall include the singular,and the use of any gender shall include the other gender. d. Time. Time is of the essence with respect to the performance of every provision of this Agreement in which time or performance is a factor. t Parties e. Prior Agreements. This Agreement contains all of the agreements o f the art s with respect to any matter covered or mentioned in this Agreement,and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. £ Amendments. No provision of this Agreement may be amended except by an agreement in writing signed by the Parties or their respective successors-in-interest. g. Waiver. The waiver by either party of any breach of any term,covenant,or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term,covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of,or in any way affect,the right of County or District to insist upon the performance by District or County in accordance with said terms. Article XIV Restoration and Surrender of Park a. Restoration. When the Agreement ends for any reason,District shall vacate the Park, remove District's personal property, except County owned improvements and repair any damage or injury to the Park or facility caused by District's operation or removal. Page 19 District shall restore the Park to the same condition as when District took possession, less reasonable wear and tear. b. If District fails to remove District's property and restore the Park within thirty(30) days from termination, District shall be deemed to have abandoned the property not so removed at County's option. Abandoned property shall either become County's property without compensation, or County may cause it to be removed and the Park to be restored at District's sole expense. District shall pay to County the cost of such removal, disposal, and restoration. c. Surrender of Park. No act by County, its elected officials, officers, agents, or employees during the term granted shall be deemed an acceptance of a surrender of the Park, and no agreement to accept a surrender of the Park shall be valid,unless it is made in writing, addressed to District, and signed by County. Article XV Exhibits Exhibit 1. Park Location Map and Description of Park Exhibit 2. Santa Clara County IPM Ordinance Exhibit 3. Memorandum of Understanding—CAL FIRE (CDF) and Santa Clara County Parks Exhibit 4. County's Statement of Insurance/Self-Insurance In witness hereof,the Parties duly execute this Agreement: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT: COUNTY OF SANTA CLARA: Larry Hassett President Ken Yeager,President Date Board of Directors Board of Supervisors Date: Signed and certified that a copy of this document has been delivered by electronic Attest: or other means to the President, Board of Supervisors. Attest: Michelle Radcliffe District Clerk Maria Marinos, Approved as to form: Clerk of the Board of Supervisors Approved as to form: Susan Schectman General Counsel Katherine Harasz,Deputy County Counsel Page 10 Exhibit 1 Description: ri ion: Rancho San Antonio County Park,a 165-acre parcel,as identified in the Rancho San Antonio County Park Master Plan Report of May 1992("Master Plan"), plus the Park generally identified as the"Diocese Land",approximately 120 acres of land adjacent to the Park. Both areas are highlighted in the attached map. I p z Q. HOLTAVE I J > se°�yP�� l�Fq AGN q J 0 � P a � T6 � p0/L O O NGDFCi t SA/�rS y��F pR c •Pp i � ak OQ EXHIBIT 1 DA( -6OR of i m m m a Mp O NG F RENT O �p z a EN (O < ZZ '4` DR SAINTM 'cq ?OO m O CINAL CT ADR P�QO fN0 Y �ClFti '� OO O W/NDIMER gRKCT RMRDQ- P� OQ- Z O ._"' ." rtt�" OAR O O J� pF G�5 m N. K 1 w a O,yq m-32 r5i9 .�sA o Q�ey O '90R D j lPA, Z F{ RT SAF,I, 2� �% m RSHALLCT 4yi 6cisting Bridge(as referenced in Article IV(m)) ' 0,9� p R ~ ,� P! k�e y v,� HoktES EA RD ��/" O� O RE D ee 3 9� NEAP O rw- �1' ?''�i •� w 9 ON 9F O QA�OP ROLINE Z Rancho San Antonio /°. � Pmq g A LING OR O T02p9 '4p�'SyOR ry ,� '® HARTMAN DR G� a Rancho San Antonio(Diocese ®`� 0 "AN WAV z q n, F D((C SALEM AV A A m yy W w S VE CA WAY m a"r Q CUPERTINO R "vOi a O = O w YY U >w U m LONG DOWN p c)I O STEVEN EK VD o o m z o 3 ELLEVU O w 2 O Z yZ z. 3 w y p J NICE AV 9 U D UONE Title: Rancho San Antonio County Park comments: This map generated by the County of Santa Clara Department of Parks &the Diocese Property SANTA CLARA and Recreation.The GIS files were compiled from various sources. COUNTY PARKS While deemed reliable,the Department assumes no liability. Date: created By: Scale October 29,2010 o zss sto t,om t sao z,oao Feet i Exhibit 2 Santa Clara County IPM Ordinance Division B28 INTEGRATED PEST MANAGEMENT AND PESTICIDE USE Chapter 1. General Provisions Section B28-1. Intent and Purpose. The County, in carrying out its operations, finds it necessary from time to time to use pesticides on County property. The intent of this Division is to protect the health and safety of County employees and the general public, the environment, and water quality, as well as to provide sustainable solutions for pest control on County property. The Board of Supervisors hereby finds and declares that it shall be the policy of the County of Santa Clara to eliminate or reduce pesticide applications on County property to the maximum extent feasible. Preference shall be given to available non-pesticide alternatives, where feasible, before considering the use of pesticides on County property. This Division concerns the application of pesticides to property owned by the County of Santa Clara only, and does not concern the application of pesticides to property that is not owned by the County of Santa Clara. Section 1328-2. Definitions. Whenever used in this Division,the following terms shall have the meanings set forth below: (a) "Antimicrobial pesticides" are pesticides, such as disinfectants and sanitizers, that are intended to disinfect, sanitize,reduce, or mitigate growth or development of microbiological organisms; or protect inanimate objects (for example floors and walls), industrial processes or systems,surfaces,water, or other chemical substances from contamination,fouling,or deterioration caused by bacteria, viruses, fungi, protozoa, algae, or slime. (b) "Approved List" is the list of pesticides authorized by the County IPM Coordinator for use on County Property developed in accordance with section B28-5. (c) "Carbamates" means esters on N-methyl carbamic acid,which inhibit cholinesterase. (d) "Contract" is a binding written agreement, including but not limited to a contract, permit, license or lease between a person, firm,corporation or other entity, including a governmental entity, and the County of Santa Clara which grants a right to use or occupy property of the County or which provides pest management services. IPM Ordinance Page 1 of 12 11/20/02 (e) "County Executive"is the County Executive or his or her designee of the County of Santa Clara. (f) "Demonstration site"is a specific area or site designated by a department to evaluate the use of a pest management strategy. i (g) "Department"is any agency or department of the County of Santa Clara. Department does not include the Vector Control District or any other local, state, or federal agency. (h) "Departmental IPM Coordinator" is someone designated by a department head to coordinate the Department's IPM program. (i) "County IPM Coordinator"is the person designated by the County Executive to implement and oversee the County of Santa Clara's IPM Program. 0) "Feasible"means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (k) "Integrated Pest Management (IPM)"is a decision-making process for managing pests using monitoring to determine pest-caused injury levels and combining biological control,cultural practices, mechanical and physical tools, and chemicals to minimize pesticide usage. The method uses extensive knowledge about pests, such as infestation thresholds,life histories,environmental requirements, and natural enemies to complement and facilitate biological and other natural control of pests. The method uses the least hazardous pesticides only as a last resort for controlling pests. (i) "IPM Technical Advisor y Group(IPM TAG)" is the tech nical advisory group to the County for the IPM Program and is further described in section B28-9. (m) "Organophosphates" means organophosphorus esters,which inhibit cholinesterase. (n) "Pest"is any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except certain insects, viruses, bacteria, or other microorganism on or in living man or living animals). (o) "Pesticide" is any substance, or mixture of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing,destroying, repelling, or mitigating any pest, which may infest or be detrimental to vegetation, man, animals, or households,or be present in any agricultural or nonagricultural environment. Pesticide for purposes of this Division does not include antimicrobial agents. IPM Ordinance Page 2 of 12 11/20/02 (p) "Posting"is to place signs as identified in section B28-7 to inform employees and the public of pesticide use at a given site. (q) "Signal Words"are the words used on a pesticide label--Danger,Warning, Caution--to indicate level of toxicity. (r) "Toxicity Category I Pesticide Product"is any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category I under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations. (s) "Toxicity Category H Pesticide Product"is any pesticide product that meets United States Environmental Protection Agency criteria for Toxicity Category H under Section 156.10 of Part 156 of Title 40 of the Code of Federal Regulations. { Section B28-3. General Exemptions. (a) This Division shall not apply to the use of any pesticide for the purpose of improving or maintaining water quality at any County owned or operated drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution, and treatment facilities. (b) This Division shall not apply to any use of pesticides on County property by any department when performing pest management or pesticide activities authorized by state or federal laws or regulations. (c) This Division shall not apply to the use of pesticides by the Vector Control District. (d) This Division shall not apply to antimicrobial pesticides or pesticides used to control pests in or on living humans or animals. (e) This Division shall not apply to existing Contracts except as provided in section B28-10. (f) This Division shall not apply to Contracts under negotiation at the time this Division becomes effective for a period of five years. Chapter 2. Pesticide Management Section B284. County Integrated Pest Management(IPM) Program. (a) The County IPM Coordinator shall oversee and coordinate implementation of the IPM Program. IPM Ordinance Page 3 of 12 11/20/02 i i I (b) The IPM Program shall include,but not be limited to,the following: (i) Identify staff member(s)responsible for program implementation; (ii) Acquaint County workers with the IPM approach and new pest management strategies,as they become known; (iii) Inform the public of the County's effort to reduce pesticide use; (iv) Respond to questions about the County's pest management program and practices; (v) Conduct ongoing educational programs, where appropriate; (vi) Maintain records and evaluate program effectiveness; (vii) Develop and maintain the Approved List of pesticides. (c) Departments shall implement the IPM Program consistent with the IPM practices outlined below. Where feasible, departments shall consider a range of potential treatments for the pest problem and employ non-pesticide management tactics first,consider the use of chemicals only as a last resort,and select and use chemicals in accordance with the provisions of this Division.The IPM practices shall include ways to: (i) Monitor pests to determine pest population size, occurrence, and natural enemy population,if present. Identify decisions and practices that could affect pest populations. Keep records of monitoring results; (ii) Set treatment levels for each pest at each site based on how much biological, aesthetic or economic damage the site can tolerate; (iii) Determine the most effective treatment time, based on pest biology and other variables, such as weather, seasonal changes in wildlife use and local conditions; (iv) Design construction and building remodels to reduce or eliminate pest habitats and improve efficiency in facility and landscape maintenance and sanitation; (v) Reduce pest incidences by modifying management practices such as watering, mulching, fertilizer use, and pruning; (vi) Modify pest ecosystems, including waste management and food storage,to reduce pest food, living space, and access; IPM Ordinance Page 4 of 12 11/20/02 (vii) Use physical controls such as hand-weeding, traps and barriers,heat and cold; (viii) Use biological controls such as introducing or enhancing pests' natural enemies; (ix) When indoors,use baits or least toxic methods of pest control rather than sprays; I (x) Monitor treatment to evaluate effectiveness; I I (xi) Maintain records as set forth in section B28-8. I Section B28-5. Pesticide,Use. (a) Approved List. The County IPM Coordinator shall develop the Approved List using a set of criteria that will be developed with the review and input of the IPM TAG. The criteria will take into account environmental and human health hazards, principles of the IPM approach, and technically based methods,conditions, and specifications for pesticide use.The County IPM Coordinator shall maintain the list of approved pesticides that may be used on County property. The Approved List shall be reviewed and updated at least annually. The IPM Coordinator may amend this list as needed at any time as long as the products are consistent with the established criteria. These amendments shall be communicated to the IPM TAG in writing at the quarterly meetings. (b) Specific Exemptions. An exemption may be obtained from the County IPM Coordinator for use of a product not on the Approved List as follows: (i) One-year exemptions. The County IPM Coordinator may grant a specific exemption,with limited conditions for use, for a one-year period upon a written request showing department has: that a P P q g (1) Identified the need for use; (2) Made a good-faith effort to find alternatives to the pesticide; (3) Identified or demonstrated that effective economic alternatives to the pesticide do not exist for that particular use; and (4) Developed a reasonable plan for investigating alternatives to the pesticide during the exemption period. (ii) An exemption may be continued beyond the one-year period by filing a new request for exemption as required in subsection (b)(i)above. IPM Ordinance Page 5 of 12 11/20/02 (iii) The County Executive shall have the discretion to revoke any exemption. (c) Emergency use of pesticides. (i) A department responsible for maintenance of a site or facility may apply to the County IPM Coordinator for an emergency pesticide use exemption in the event that a pest outbreak poses an immediate threat to public health or may cause significant economic damage. (ii) If the County IPM Coordinator cannot respond to the application in a timely manner, the Departmental IPM Coordinator submitting the application may authorize the one-time emergency use of the required pesticide and provide notice of the emergency application to the County IPM Coordinator in writing within 48 hours. (iii) Posting of emergency use of pesticides shall be at the time of pesticide application and comply with all other posting requirements. � I (iv) Reporting of the exemption and pesticide use will comply with all other reporting requirements as stated in section B28-8. Section B28-6.Restriction on the Use of Pesticides. Except for the use of pesticides exempted pursuant to section B28-3,pesticides granted an exemption pursuant to section B28-5(b)or 5(c)or pesticides on the Approved List per section B28-5(a),no department shall use any of the following types of pesticides. A list of the pesticides and pesticide products identified in (b)through (g)below shall be on file with the County IPM Coordinator. (a) Toxicity Category I or II pesticide products. (b) Any pesticide containing a chemical identified by the State of California as a chemical known to the State to cause cancer or reproductive or developmental toxicity pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986. (c) Pesticides identified by the State of California on the Groundwater Protection List(Section 13145 (d),Food and Agricultural Code, Division 6. Pest Control Operations). (d) Pesticides classified by active ingredient as organophosphate type pesticides as identified by the United States Environmental Protection Agency(Office of Pesticide Programs,document 735-F-99-14,May 1999),or California Environmental Protection Agency, Department of Pesticide Regulation,Chemical Inquiries Database. IPM Ordinance Page 6 of 12 11/20/02 (e) Pesticides containing carbamate-type chemicals (California Environmental Protection Agency,Department of Pesticide Regulation,Chemical Inquiries Database.) (f) Any pesticide classified as a human carcinogen, probable human carcinogen or possible human carcinogen by the United States Environmental Protection Agency, under procedures established in "Proposed Guidelines for Carcinogen Risk Assessment," EPA/600/P-92/003C, April 1996,or equivalent documents. (g) Any pesticide group officially designated by the California Environmental Protection Agency Department of Pesticide Regulation or by the United States Environmental Protection agency as posing significant hazard to human health or the pnvironment. Section B28-7.Posting of Pesticide Use. (a) Except as provided for in section B28-5(c) and section B28-7(b), any department that uses or authorizes the use of a pesticide shall comply with the following posting procedures: (i) Signs shall be posted at least three days before application of the pesticide and remain posted at least four days after application,except for baits and emergency use of pesticides, which are posted at the time of treatment in accordance with section B28-5(c)(iii)above and subsection (b)(iii) below; (ii) For buildings and/or landscaped areas adjacent to buildings,signs shall be posted at main entry points where the pesticide is applied; (iii) For open areas, signs shall be posted in highly visible locations around the perimeter of the area where the pesticide is applied; (iv) For vehicles used primarily by county staff, signs shall be posted at areas where vehicles are obtained or posting information shall be given to the primary drivers. (v) Signs shall contain the: (1) Trade name and active ingredient of the pesticide product; (2) Target pest; (3) Date of posting; IPM Ordinance Page 7 of 12 11/20/02 (4) Date(s)of anticipated pesticide use; the date(s)of actual pesticide use will be posted at the main entrance,park office, or designated site; (5) Signal word indicating the toxicity category of the pesticide product; (6) Date for re-entry of staff and the public to the area treated if applicable; (7) Name and contact number for the department responsible for the application. (vi) Signs shall have a standard design that is easily recognizable by the public and workers; (b) Exemptions to posting. (i) Departments shall not be required to post signs in accordance with section B28-7(a) in right-of-way locations and other areas that the general public does not use for recreational purposes. (1) Each department that uses pesticides in such locations shall provide a public access telephone number for information about pesticide applications. The public access telephone number shall be posted in a prominent location at the department's main office building. Information provided shall include all the items in subsection (a)(v)above. (ii) Any pesticide granted an emergency exemption by the County IPM Coordinator shall not be required to be posted prior to treatment. However, all other requirements for posting as set forth in section B28-7(a)shall be followed. (iii) Any pesticide bait placed in a container or trap,or applied as a gel or paste in a crack or crevice shall not be required to post signs prior to treatment. Baits, used indoors, shall be posted in the vicinity of application. Baits, used outdoors,shall be posted in the main office, park office, or a designated site. Signs shall be posted according to the requirements as set forth in section B28-7(a). (iv) The County IPM Coordinator may in his or her discretion grant necessary exemptions to the posting requirements. IPM Ordinance Page 8 of 12 11/20/02 Section B28-8.Record Keeping and Reporting. (a) Each department that uses pesticides shall keep records of pest management activities,including information about demonstration sites and exemptions. A copy of this information shall be placed in a centralized record keeping area in each department. Where feasible,this information shall be kept in a notebook or electronic equivalent maintained in each occupied building.Each pest management activity such as pesticide application, trapping or inspection shall be recorded and, when applicable, include at least the following information: (i) Target pest and extent of problem; (ii) Product name,active ingredients,EPA Registration number, formulation, and quantity of pesticide used; (iii) Site of the pesticide application; (iv) Date of pesticide application; (v) Name of person conducting pest management activity; (vi) Application equipment number,if applicable; (vii) Prevention and other non-chemical methods of control recommended or used, and; (viii) Evaluation of effectiveness. (b) The Departmental IPM Coordinator shall keep the following: (i) Records of pesticide use; (ii) A copy of the label of all pesticides used; and, (iii) The material safety data sheet for each pesticide used. (c) Each department that uses pesticides shall submit a summary of pest P P az'Y management records required in section B28-8(a) and(b) to the County IPM Coordinator at least quarterly. d Pest management records including tic'O g pesticide ide use records, are all public gP records. IPM Ordinance Page 9 of 12 11/20/02 (e) Pesticide use records shall be kept indefinitely until an electronic database tracking system has been established. Chapter 3. IPM Implementation Section B28-4. Implementation of County Integrated Pest Management Ordinance. (a) This Division shall be phased-in over one to two years in order to provide adequate time for developing the Approved List, documenting current IPM practices and/or reductions, and identifying and implementing alternate pest management measures.The County IPM Coordinator shall develop a timetable and format for departments to each submit a plan for implementing this Division. (b) A Technical Advisory Group(TAG) shall be formed and shall meet at least four times per year to review the County's IPM program and provide comments to the County Executive.The following representatives will be invited to participate on the TAG: two from Pesticide Alternatives of Santa Clara County;one from the Santa Clara Valley Water District;one from the Count Agricultural y g Commissioner;one from the Santa Clara County Pollution Prevention Committee; one County employee representing a labor organization; and one representative from each of the following Santa Clara County agencies and departments: Roads and Airports, Parks and Recreation,the General Services Agency, Valley Health and Hospital System, and Occupational Safety and Environmental Compliance. The Board of Supervisors may at their discretion make changes to the composition of the group as deemed necessary. (c) The IPM Coordinator shall provide a quarterly report to one or more Board- designated committees on the status of the IPM Program including information about pest Problems pesticide de use list of exemptions, ons goals an d progress, staff training and pu blic education, and anticipated changes that may affect pesticide use. Section B28-10. County Contracts and Easements. (a) Except as provided in (i)below, when a department enters into a new Contract(see section B28-2(d))or amends an existing Contract to extend the term of the Contract for more than six months beyond the current term and any optional extension periods, the Contract shall require compliance with the provisions of this Division including those relating to pesticide restrictions,record keeping,and reporting. (i) The County Executive may grant an exemption for up to five years from Contract compliance with all or part of the provisions of this Division in the event compliance would negatively impact County revenues,prevent the highest and best use of an asset as determined by the County Executive, or where it is demonstrated that full IPM Ordinance Page 10 of 12 11/20/02 III compliance cannot be achieved. Notice of any exemption granted pursuant to this subsection (i)shall be given to the applicant and to the IPM TAG. The notice shall state that any person dissatisfied with the decision of the County Executive may file an appeal with the Clerk of the Board within fifteen (15)calendar days of the date of the notice. The appeal will first be heard before the County's Housing, Land Use,Environment, and Transportation Committee,which Committee shall make a recommendation to the Board of Supervisors. The decision of the Board of Supervisors shall be final. (b) A contractor, or department on behalf of a contractor,may apply for exemptions authorized under section B28-5(b) and (c), and this section B28-10. (c) When a department enters into a new lease in which the County is occupying or using property not owned by the County(and thus not within the definition of Contract in section B28-2(d)),the County shall use reasonable efforts to negotiate the use of IPM practices as part of that lease. (d) In current leases in which the County is occupying or using property not owned by the County, the County shall encourage the use of IPM practices whenever practical. (e) When the County is granted an easement,the maintenance of the easement shall be in compliance with this Division if consistent with the terms of the easement. (f) A process, which incorporates a request for qualifications, shall be used in the selection of all contractors for pest management services and shall be in compliance with county contracting policies and state law. The County IPM Coordinator and the TAG may participate in the process. All contractors applying for pest management services shall submit a Pest Management Plan,which outlines how they will comply with the IPM Ordinance. The Plan shall give preference to prevention and other non-pesticide or least toxic methods of pest control. Section B28-11.Pesticide Purchases. All pesticide products and pest control services that include pesticide applications shall comply with this Division and be purchased through the County Procurement department, not using the petty cash or direct pay methods. Section B28-12.Policy and Guidelines. The County Executive may recommend policy for Board approval and issue guidelines to implement this Division. IPM Ordinance Page 11 of 12 11/20/02 3 ' Section B28-13.No Criminal Penalties or Sanctions. The provisions of sections Al-28 of the Santa Clara County Ordinance Code shall not apply to this Division;nor shall any person,or government official,board,commission, or agency be responsible for any criminal penalties for any violation of the Division. Section B28-14.No Civil Liability for Violations of this Chapter. This Division and the provisions are director and are intended t p y, o set forth goals and program elements for management of pests and pesticide use.This chapter is not intended to create a standard of civil liability for the acts or failure to act of the County and its employees and contractors. No person, government official,board,commission,or agency a shall be liable in any civil action or proceeding for damages for violation of any of the provisions of this Division. i IPM Ordinance Page 12 of 12 11/20/02 Exhibit 3 Memorandum of Understanding — CDF and Santa Clara County i i i i F Santa Clara County Fire Prevention Operational Procedure When Using Internal Combustion Engine And Other Equipment Which May Cause Flame or Sparks in Dry Grass, Brush or Forest Covered Areas of the County In Cooperation With The California Department of Forestry And Fire Protection Santa Clara Unit May 14, 2001 Section 02o00 Page 1 of 10 TABLE OF CONTENTS 1 . Procedural Objective 2. Fire Season Defined 3. Operational Procedures and Required Equipment 4. Equipment Inspection and Record Keeping S. Applicable Laws and Regulations 6. Contact Information Attachments: Sample Forms Section 02000 Page 2 of 10 1 . Procedural Objective It is the objective of the County of Santa Clara to be in compliance with all codes, regulations, and ordinances pertaining to fire prevention standards. This document serves as a procedural guideline for ALL Santa Clara County Departments, performing operations INVOLVING COMBUSTIBLE ENGINE EQUIPMENT OR EQUIPMENT WHICH CAUSES SPARKS OR FLAMES within the grass, brush or forest covered areas of the Santa Clara County. All Departments are encouraged to complete as many projects in the grass, brush or forest covered areas of the County prior to the curing of flammable vegetation whenever practical. 2. Fire Season Defined (a) It is the intent of this policy to implement the most cautious measures during "Fire Season". (b) For purpose of this document, Fire Season is defined as (11) May 1 through November 30 of any calendar year, or (111) anytime weather monitoring indicates that relative humidity is less than 30%. This policy will be implemented fully during May 1 through November 30 irrespective of weather monitoring results, and will be extended into other days and months of the year anytime relative humidity is less than 30%. (c) In non fire season, wind speed above 10 MPH will in itself not stop operations. In fire season, sustained wind speed above 10 MPH will stop operations Section 02000 Page 3 ot-0 3. Operational Procedures and Required Equipment DURING FIRE SEASON, OPERATIONS Involving use of combustible engines or equipment which produce flames or sparks which will be CONDUCTED WITHIN OR ADJACENT TO NON-IRRIGATED GRASS, BRUSH OR FOREST AREAS WILL BE CONDUCTED USING THE FOLLOWING RULES: (a) Prior to commencement of operations: (11) Staff will secure the current fire conditions from Santa Clara County Communications at (408)299-2507. No OPERATIONS shall occur within 24 hours of a predicted Red Flag day AS DETERMINED BY the National Weather Service. (111) Staff will assess current weather conditions at the planned site of operation every two hours: In the event one of the following readings are noted, Operations shall not begin, or will cease IMMEDIATELY! THE RELATIVE HUMIDITY IS AT OR BELOW 30% SUSTAINED WIND SPEEDS REACH 10MPH (IV) If ambient temperature reaches 80 degrees Fahrenheit at any time during the operation, weather samples must be taken hourly. (b) Required Equipment During Fire Season, THE FOLLOWING EQUIPMENT MUST BE IMMEDIATELY AVAILABLE AT the Actual JOB SITE: (11) 1 serviceable round point shovel with an overall length of not less than 46 Inches (111) 1 (5 gallon)water backpack pump fire extinguisher (IV) Weather Sampling Device Section 02000 Page 4 of 10 I (IV) Non-Divertible Truck mounted water pump Required In addition to a backpack water pump, shovel, and weather- sampling device, all high-risk activities must have a non- divertible water pump equipped pick-truck assigned to the operation. A trained observer that is familiar with the operation, the fire apparatus, the vehicle radio, and the location of the operation must staff the truck.The observer must remain in the immediate area of the truck; and the truck must remain in the immediate area of the activity being monitored. High Risk Activities include: Flailing, Disking, Operating Brush Hog Equipment and Grading in heavy brush areas with less than 10' of clearance and other like activities. (V) Non-Divertible Truck mounted water pump Not Required Low to Moderate risk activities do not require a non-divertible water pump equipped pick-truck. However, a shovel, 5-gallon backpack water pump and weather-sampling device must still be immediately available at the actual job site. Low to Moderate Risk Activities include: Weed-whacking, Torch Cutting, Spot Welding, High Wheel Mowing, Generators, Mowing light grass immediately adjacent to irrigated lawns where natural fire breaks like roads, creeks or paved paths are present. (VI) Exempted Activities It is not required to check weather conditions or suspend operations on red flag days when performing any type of work in or around well-irrigated green lawns or while using a leaf blower. However, shovels and backpack fire pumpers shall be near-by as a precautionary meassurs. DURING NOW FIRE SEASON, OPERATIONS CONDUCTED WITHIN OR ADJACENT TO GRASS, BRUSH OR FOREST AREAS WILL BE CONDUCTED USING THE FOLLOWING RULES: (a) Prior to commencement of operations: (11) Weather Samples will be taken at the job site If relative humidity is more than 30%operations can proceed without further weather monitoring or other fire fighting devices. If original relative humidity reading is less than 30%the j preceding operational rules for fire season will be followed. Section 02030 Page 5 of 10 4. Equipment Inspection and Record Keeping (a) Prior to May I't of each calendar year, Santa Clara County will inspect all combustible engine equipment that Is intended for use by the County in or adjacent to any grass, brush or forested areas within Santa Clara County. Inspected equipment must meet the requirements of section 4442 of the Public Resource Code. Equipment that has not been inspected shall not be used. Section 4442 of the Public Resource Code requires that any type of equipment that is powered.by an internal combustion engine must be equipped with an approved spark arrestor. This does not include most motor vehicles if, they are equipped with an approved muffler system, routed properly, as described in the Motor Vehicle Code. (b) Hired or contracted private equipment must meet the requirements of this plan. Inspection of hired equipment is the responsibility of the County. (c) Santa Clara County will maintain maintenance and Inspection records for equipment related to this plan and make them available for inspection. Section 02000 Page 6 of 10 5. Applicable Laws and Regulations: CALIFORNIAHEALTH AND SAFETY CODE REFERENCE C SECTIONS: 13001. Causing Fire Every person is guilty of a misdemeanor who, through careless or negligent action, throws or places any lighted cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may cause a fire, in any place where it may directly or indirectly start a fire, or who uses or operates a welding torch, tar pot or any other device which may cause a fire, who does not clear the inflammable material surrounding the operation or take such other reasonable precautions necessary to insure against the starting and spreading of fire. 13005. Use of Hydrocarbon Burning Engine Without Exhaust Spark Arrester Every person is guilty of a misdemeanor who: (a) Sells, offers for sale, leases, or rents to any person any tractor,engine, machine, or truck equipped with an internal combustion engine that uses hydrocarbon fuels, if either: (1) It is specifically designed for use in harvesting or moving grain or hay or for use on land covered with any other flammable agricultural crop, unless the exhaust system of the engine is equipped with a spark arrester in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code. (2) It is not specifically designed for any of the uses described in paragraph (1) but could be used for any of those uses, unless the person provides written notice to the purchaser or bailee at the time of sale or at the time of entering into the lease or rental contract stating that the use or operation of the engine on any flammable agricultural cropland is a violation of subdivision (b), unless the exhaust system is equipped with a spark arrester in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code. b Operates or causes to be operated an tractor O p p y cto engine, machine, or truck equipped with an internal combustion engine that uses hydrocarbon fuels in harvesting or moving grain or hay, or on land covered with any other flammable agricultural crop, unless the engine is equipped with a spark arrester maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code, Spark arrester,as used in this section,is as defined in Sea.don 4442 of the Public Resources Code.Spark arresters attached to the exhaust system of engines on equipment or vehicles,as described in this section,shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material Motortrucks,truck tractors,buses,and passenger vehicles except motorcycles,are not subject to the provisions of paragraph(2)of subdivision(a)if the exhaust system is equipped with a muffler as defined in the Vehicle Code. j 13007. Any person who personally or through another willfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows a fire kindled or attended by him to escape to, the property of another, whether privately or publicly owned, is liable to the owner of such property for any damages to the property caused by the fire. Section 02000 Page 7 of 10 CALIFORNIA PUBLIC RESOURCE CODE REFERENCES SECTIONS: 4427. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate any motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark,fire, or flame may originate, which is located on or near any forest-covered land, brush-covered land, or grass-covered land, without doing both of the following: (a) First clearing away all flammable material, including snags,from the area around such operation for a distance of 10 feet. (b) Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Section 4427 (b) of the Public Resource Code also requires these tools to be carried on each piece of equipment and that they be kept in a serviceable condition. 4442. (a) Except as otherwise provided in this section, no person shall use, operate, or allow to be used or operated, any internal combustion engine which uses hydrocarbon fuels on any forest-covered land, brush-covered land, or grass-covered land unless the engine is equipped with a spark arrester, as defined in subdivision (c), maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to 4443. (b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (c) A spark arrester is a device constructed of norflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. (d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to tl`r'rs section if the exhaust system is equipped with a muffler as defined in the Vehicle Code. (e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition. Sec'Uon 02000 Page 8 of -0 6• CONTACT INFORMATION: County Communications— Control 12 Weather Conditions (408) 299-2507 California Department of Forestry and Fire Protection Morgan Hill Headquarters: (408) 779-2121 Ask for the ECC during regular business hours ANY Fire Emergency: 911 CDF/Santa Clara Fire Prevention Bureau: (408) 779-2121 Attachments: Sample Forms Attachment A Weather Monitoring Sheet Section 02000 Page 9 of 10 AGENCY: LOCATION: OPERATOR: DATE: PRIOR TO COMMENCEMENT OF AT RISK OPERATIONS INVOLVING EQUIPMENT IN DRY GRASS,BRUSH OR FOREST COVERED AREAS,STAFF WILL SECURE FIRE CONDITIONS FROM COUNTY COMMUNICATIONS(408)299-2507. NO OPERATIONS WILL OCCUR WITHIN 24 HOURS OF A PREDICTED RED FLAG DAY. TIME HUMIDITY WIND SPEED TEMPERATURE INITIALS FIELD NOTES 600 I 700 800 00 1000 ffi 1100 1200 1300 1400 1500 1600 1700 I I Prior to commencement of AT RISK OPERATIONS,weather samples will be recorded at the site.Additional weather samples will be recorded every two hours thereafter until completion of the operation. If the ambient temperature reaches 80 degrees Fahrenheit at any time during the operation, weather samples must be taken and recorded hourly. Updated 5ro1 Section 02000 Page 10 of 10 Exhibit 4 Santa Clara County Statement of Insurance/Self-Insurance County of Santa Clara Gou Employee Services Agency \01/ Department of Risk Management IiLstiranco Division 23 to North 1,,irst Sheet,Si jilc 203 X Sill)Josc. California 5)5131 140H 441-4340 1-_AX 441-4341 Ins. Cert. No. FYII-093 CERTIFICATE OF COVERAGE ISSUED BY SANTA CLARA COUNTY This is to Certify to: Midpeninsula Regional Open Space District Attn: General Manager 330 Distel Circle Los Altos, CA 94022-1404 The following described coverage is in force at this date as set forth below: Assured: Santa Clara County 70 W. Hedding Street San Jose, CA 95110 Insurer Expiration 1. Self-Funded Retention Continuous 2. Self-Funded Retention Continuous 3. Self-Funded Retention Continuous Type of Coverage Limits t Comprehensive General &Automobile Liability $2,000,000 Per Occurrence 2. Workers'Compensation $4,000,000 Per Occurrence 3. Pollution Liability $ 500,000 Per Occurrence This certificate of coverage is provided by the County of Santa Clara to the above named certificate holder. The coverage specified herein will not be cancelled or reduced without thirty (30) days written notice from County of Santa Clara to the certificate holder. This certificate pertains to the Agreement for Operation and Management of Rancho San Antonio County Park between the County of Santa Clara Parks & Recreation and Midpeninsula Regional Open Space District. This certificate is valid through June, 30, 2011. Cindy Chow Insurance Technical Manager October 25, 2010 CC: FYI 1-093MidPeninsula0penSpaceDistrict&SCCParks 11oard o(Suix,rvisors:f3onald i=, (,agc,cworge siurakawa.Dave Cortese. hen Yeager. Liz Kniss comliN v.Smith �+. RAMP p�� z oA��. ,, SANr F� RAMP EXHIBIT 1 r`sa�,\OK Rp r Boa WG� ` ♦, O} µ'(ND/ME/7 w' MA��c RMRO .c Z 4 °: o G. �� > 2 r p aT�+ ••�9P� w 6p`D pt 0� '�`l AO O Roo; ¢ ' y � r 2; � p"yG ' Z T31 �N .✓'. P O .P O Wi HUERTA; Q RP N < r OR O PO V�N6Y ADO e 'o i J 3 Y Rye `•'�,. •�`•. ice^—._ .` V CRESTON DRLU o Rancho San Antonio ` I \,\1 a -5•- \" AINSWORTH DR{ Rancho San Antwio OSP O�% '`♦ F� ix STA LING D \\\ v !j 4, % HARTMAN DR LINDA ANN CT .I � •.�.�E !� ,SE0.R % � J lIt,07 r 16 Rancho San Antonio(Diocese) •�� f t t ' 1 •\ �\ j m OP?'� POPPY I Yam. r ILVE CIAAY 9 CUPERTINO RD Ti' Rancho San Antonio County Park comments SANTA CLA LA This map generated by the County of Santa Clara Department of Parks the Diocese Property and Recreation. The GIS files were compiled from various sources. Date. Created By: COUNTY PARKS While deemed reliable,the Department assumes no liability. October 29,2010 Scale: �...� o so so no I'M I'" r.« L Midpeninsula Regional Open Space District R-10-109 Meeting 109-32 November 17, 2010 AGENDA ITEM 11 AGENDA ITEM Presentation of the Resource Management Grant Program Three-Year Update and Recommended Policy Amendments, and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE RECOMMENDATIONS 1. Approve the recommendation of the Legislative, Funding and Public Affairs Committee (LFPAC) to amend the policy to the Resource Management Grant Program. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. SUMMARY At its September 20, 2010 meeting, LFPAC received an update on the Resource Management Grant Program (Program) and accepted recommended changes to the Program policy. LFPAC s recom mendations are being forwarded to the full Board for consideration. DISCUSSION The Resource Management Grant Program was established on November 14, 2007, to develop and strengthen partnerships with local academic institutions in support of Midpeninsula Regional Open Space District's (District) mission(see Report R-07-122). The Program policy is required to be reviewed three (3) years from the date of approval. To improve Program effectiveness, LFPAC recommends making several changes to the policy (Attachment 1). Since 2007, the District has funded seven (7) applied research projects targeted specifically to District needs (Attachment 2). The District has received direct benefits from the Program, including increased scientific knowledge and access to data; additional knowledge to inform resource management; information that improves land acquisition prioritization; increased partnerships between the District and researchers, students, and academic institutions; and increased regional exposure for the District. R-10-109 Page 2 Based on lessons learned by staff in administering the Program during its initial three(3) years, LFPAC recommends the following changes to the Policy as summarized below (refer to Attachment 1 for the complete text of the recommended policy changes). • Require an annual review by an interdepartmental staff team to ensure satisfactory progress by grantees. • Change the Program purpose to include public environmental education and narrow the scope of"larger educational purpose". • Extend the Program Policy review interval by the Board of Directors from three(3) years to five(5) years. Additionally, LFPAC accepted the following proposed changes to the administrative guidelines: • Include a 10% cap on the institutional overhead for all contracts. • Add public outreach as a goal of the Program in the application guidelines. • Add a statement in the proposal application that clearly identifies what portions of the proposed scope of work will be accomplished with District funds. FISCAL IMPACT The recommended Policy change has no new, incremental impact on the District budget. The annual Program budget will continue to remain at $25,000. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE The project is categorically exempt from the California Environmental Quality Act(CEQA) under Sections 15306 as follows: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource. The District's Resource Management Grant Program will fund research projects consistent with this exemption. NEXT STEP Upon Board Authorization, the General Manager will continue to implement the Resource Management Grant Program. Attachment(s) 1. Program Policy with Proposed Changes 2. Table of Projects Awarded Prepared by: Galli Basson Planning Technician Contact person: Same as above ..... . . . . . Board Policy RESOURCE MANAGEMENT SM—NL4,GRANTS PROGRAM Adopted by the Board of Directors November 14, 2007 Amended: November 1.70, 2010 Purpose: The District encourages and supports applied academic research on District preserves. Partnerships with researchers from academic institutions can provide the District and the larger scientific community with information that furthers the District's mission, enhance public education, and and advances scientific understanding of natural processes. The goal for the small grantsResource Management Grant Pprogram is to develop and strengthen local partnerships with researchers in support of the District's mission. This policy establishes the guidelines by which District staff will solicit, review, award, and administer grant funds to meritorious projects pfoposed an Distfiet!a Background: Numerous academic research institutions are located within the San Francisco Bay Area, providing opportunities for the District to partner with researchers to make better informed decisions about land maiiagement and public outreach.0 . of the Dist is lati s ; fee ~ eets direeted of 1 b . Numerous research projects have been conducted on District lands, however, given the leeation and lafge diversity of natural habitats found on District lands and the volume of research questions of direct interest to District staff, fostering research opportunities will provide the District with applied research that is targeted specifically to the District's needs. P;�artnerships with local academic institutions wiu r he natural Beare a vital component to ach ieving the District's mission to "protect and restore t _..__ p g environment". Procedures: The following procedures will assist the General Manager in soliciting, reviewing, and awarding grant funds to research projects consistent with the District's mission: 1. The S+rral-1-Resource Management Grants Program Cerogram will be an interdepartmental program jointly administered by the Planning, Operations, and Public Affairs Departments. Staff from these departments will collaboratively administer all aspects of the Program. 2. Grant awards will not exceed $5,000 for any one project annually and total annual Program funding will not exceed $25,000. Multi-year projects will be considered provided that the total amount of funding does not exceed $25,000 over five consecutive years, subject to approval in the District's annual budget and an annual review by District staff to ensure satisfactory progress.- 3. Eligible projects must, at a minimum, be sponsored by a faculty member of an accredited academic research institution.. 4. Eligible projects must contribute information that aids in resource management, operational and maintenance actions,public outreach, or public use decisions by the District or provide a larger educational purpose that fiirthers the District mission. 5. Eligible projects must not result in permanent damage and/or impairment to habitats or natural resources on District lands and will be in compliance with the District's Permit to Enter procedures (required for each research project). 6. The General Manager will establish a detailed evaluation and selection process to be used in reviewing eligible proposals in the form of Administrative Guidelines. Evaluation criteria will include but not be limited to the proposal promoting and accomplishing the District's mission, advancing the District's management of natural resources, enhancing the District's interface with the public. establishing collaborative partnerships with research institutions, and advancing the general understanding of the natural environment. 7. A Request for Proposals will be released annually to solicit proposals for consideration for funding provided funding is available. Proposals will also be accepted throughout the year and considered for funding as received and as funding is available. 8. The General Manager will prepare an annual report to the Board of Directors on the Sm.all Resource Management Grants Program that details be&the proposals received--as well as those selected for funding,and the results of research received. 9. This Policy will be reviewed every five years from the date of a Liroval. i Resource Management Grant Program Projects Awarded 2007-2010 Total Grant Project Title Organization Award FY 07108 FY 08/09 FY 09/10 FY10/11 FY 11/12 FY 12/13 FY 13/14 Development of an Invasive Argentine , Ant Management Plan(2007-2011) Stanford University $25,000 $5,000 $5,000 $5,000 $5,000 $5,000 Wildlife Corridor Stewardship Team Partnership(2008-2012) De Anza College $25,000 $5,000 $5,000 $5,000 $5,000 $5,000 ) Genetic Distinction and Population Structure of the California Giant Sonoma State Salamander(2008) University $4,915 Y �,„, $4,915 tr .r Using Native Tarweeds to Manage y a y � Yellow Starthistle in California �as,`s any Grasslands(2008) UC Santa Cruz $1,305 �' $1,305 Santa Cruz Mountains Puma Project (2009-2013) UC Santa Cruz $25,000 $5,000 $5,000 $5,000 $5,000 $5,000 t y Rancher,Manager,and Scientist Forum Central Coast on Rangeland Conservation, (2009-2013) Rangeland Coalition $25,000 $5,000 $5,000 $5,000 $5,000 $5,000 Bay Area Critical Linkages(2009-2012) SC Wildlands $15,000 $5,000 $5,000 $5,000 ' Obligated Program Funds $5,000 $16,220 $25,000 $25,000 $25,000 $15,000 $10,000 2 per project,or 5 000 per project per year. The maximum rant award is 5 000 $ $ , � Y g P P J P P J P . *The annual Program budget cannot exceed$25,000. i I i i t Midpeninsula Regional • ' Open Space District R-10-134 Meeting 10-32 November 17, 2010 AGENDA ITEM 12 AGENDA ITEM Authorization to contract with Callander Associates Landscape Architecture, Inc., in an amount not to exceed $87,798 for planning and environmental review consulting services in connection with preparing a conceptual plan for a segment of the Bay Trail at Ravenswood Open Space Preserve; Adoption of a Resolution approving a grant agreement with the Association of Bay Area Governments (ABAG) to accept $40,000 in grant funding from the State Coastal Conservancy to help fund this planning effort; Determination that the recommended actions are exempt from the California Environmental Quality Act(CEQA) GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are exempt from the CEQA for the reasons set out in this report; 2. Author ize the Ge neral Manager er to execute a contract with Callander Associates Landscape Architecture, Inc., in an amount not to exceed $87,798, which includes $76,346 in base fee and a 15% contingency; and 3. Adopt the attached resolution to authorize the General Manager to execute a planning grant agreement with ABAG to accept $40,000 in grant funding from the State Coastal Conservancy. SUMMARY The District is ready to begin identifying a suitable alignment and design for a Bay Trail connection linking Ravenswood Open Space Preserve with University Avenue in East Palo Alto and Menlo Park(see attached map). The conceptual plan that will be developed will facilitate the District's efforts to obtain a public trail easement across adjacent lands owned by the City and County of San Francisco in order to secure the right-of-way needed to complete the proposed Bay Trail connection. A consultant has been selected to assist in this planning effort. The District has also been awarded a $40,000 planning grant from the Bay Trail Project to help fund the study, subject to the terms and conditions of the proposed grant agreement. I R-10-134 Page 2 DISCUSSION Background On July 14, 2010, the District Board of Directors approved an exchange agreement with the City and County of San Francisco (San Francisco) whereby the District would grant to San Francisco a subsurface tunnel easement underneath Ravenswood Open Space Preserve for a new transbay water pipeline, and in exchange San Francisco would grant to the District an open space easement across a portion of adjacent San Francisco lands in order to preserve an unobstructed corridor for future consideration of a public trail easement(see Report R-10-65). The proposed trail easement would secure the right-of-way necessary to connect an existing section of the Bay Trail at Ravenswood Open Space Preserve (Ravenswood OSP) to University Avenue. The exchange agreement provides that the District will undertake a study to fully evaluate the feasibility of various trail alignments within the open space easement area. Staff proposes to commence this study to determine a suitable trail alignment and conceptual design that best accomplishes the following objectives: 1) avoids conflict with San Francisco's use and management of its lands or conflict with surrounding land uses, 2) avoids or minimizes environmental impact to wetland areas, and 3) offers an enjoyable user experience consistent with the goals of the Bay Trail Project. The conceptual plan and environmental review document that will be developed through the study will provide the information necessary to enable the District and San Francisco to fully evaluate and consider the proposed granting and acceptance of a public trail easement. Project Approach and Schedule The purpose of this Bay Trail study is to identify and evaluate trail alignment and design alternatives, and from that analysis to develop a conceptual plan for a Bay Trail connection between Ravenswood OSP and University Avenue. The project will also include preparation of an environmental review document that satisfies the District's obligations as lead agency under CEQA. The planning process will include consultations with stakeholder agencies including the San Francisco Public Utilities Commission(SFPUC), the Cities of East Palo Alto and Menlo Park, and the San Mateo County Transit District(SamTrans), which owns the Dumbarton Rail right-of-way located adjacent to the trail planning corridor. Two public workshops will provide opportunities for community review and input. A preferred trail alignment and design alternative will be presented to the District Board for its consideration as the basis for completing negotiations with San Francisco for the desired public trail easement. Staff anticipates bringing a recommended trail alternative to the Board for its consideration in the spring or summer of 2011. Under the terms of the exchange agreement with San Francisco, the SFPUC has 90 days to respond to any proposal by the District that identifies a preferred trail alignment. Upon approval in concept of a trail alternative acceptable to both the District and SFPUC, the necessary environmental review will be completed prior to bringing the proposed grant and acceptance of a public trail easement to the authorizing bodies of both agencies for consideration and approval. R-10-134 Page 3 Planning Consultant Selection Staff solicited proposals from three highly qualified firms through a Request for Proposals (RFP) issued on October 4, 2010. The consultant interview panel included representatives from the Operations, Planning, and Real Property Departments, as well as a representative from the Bay Trail Project. Callander Associates Landscape Architecture, Inc. was selected. Callander Associates prepared the 2005 feasibility study for Menlo Park that identified the preferred trail corridor to connect Ravenswood Open Space Preserve with University Avenue. The 2005 study will serve as the point of departure for further refining the alignment and design of a Bay Trail connection. Callander Associates is also currently serving as the prime consultant on the City of East Palo Alto's project at Cooley Landing. Bay Trail Planning Grant The Bay Trail Project, acting through ABAG, has awarded the District $40,000 in Proposition 84 funds administered by the State Coastal Conservancy in support of our planning efforts to secure the property rights for this long sought Bay Trail link. The Bay Trail Project helped fund a previous feasibility study completed by the City of Menlo Park in 2005. The District's required matching contribution under the grant agreement is 50% of project costs. All work on the development of the conceptual plan is to be completed by December 1, 2011. ABAG's disbursement of the grant funds is conditioned upon the District Board of Directors adopting a resolution authorizing the execution of the planning grant agreement and approving its terms and conditions (see attached Resolution). FISCAL IMPACT The FY2010-11 budget includes $80,000 to fund the preparation of a conceptual plan and environmental review document for the proposed Bay Trail connection. The proposed contract for consulting services is for a base fee of$76,346 plus a 15% contingency for an amount not to exceed $87,798. The contingency will cover any minor additions to the consultant scope of work as may be needed to complete the project, such as developing topographic mapping, additional site conditions data or participating in additional stakeholder agency consultations. The amount of the contract anticipated to be spent during FY2010-11 is approximately$45,000. Acceptance of the $40,000 Bay Trail planning grant will fund approximately one-half of the anticipated total project cost without use of the contingency. A condition of the grant is a requirement that the District provide a 50%match of$40,000, which may include staff time, for project administration. PUBLIC NOTICE Property owners and residents of land located adjacent to or surrounding the trail study corridor have been mailed the agenda for the Board meeting at which this item will be considered. The agenda has also been mailed to adjoining neighbors within the University Village community of East Palo Alto due to the proximity of the community to the trail study corridor. The agenda and R-10-134 Page 4 this report have been made available on the District's website. Accordingly, all public notices required by the Brown Act have been provided. In addition, the Board meeting agenda and this report have been mailed to the Bay Trail Project and supporting public agency stakeholders including the cities of East Palo Alto and Menlo Park, the San Mateo County Parks Department, and the U.S. Fish and Wildlife Service San Francisco Bay National Wildlife Refuge Complex. CEQA COMPLIANCE The District concludes that the award of a consulting contract to undertake the proposed Bay Trail study, and the acceptance of a planning grant to help fund this study, are actions which will not have a significant effect on the environment. These actions are statutorily exempt from CEQA under CEQA Guidelines Sections 15262, 15378(b)(4) and 15061(b)(3). Section 15262 provides that a project involving only non-legally binding feasibility and planning studies for possible future actions yet to be approved, adopted, or funded is exempt from CEQA. Section 15378(b)(4) states that a project for CEQA review purposes does not include the creation of a government funding mechanism which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The recommended actions qualify under these two sections and are also exempt under section 15061(b)(3), as there is no possibility the recommended actions will have a significant effect on the environment. NEXT STEPS Upon adoption of the attached Resolution by the Board of Directors, the General Manager will execute the Bay Trail Project grant agreement to accept $40,000 to help fund the Bay Trail study. Upon Board approval, the General Manager will also execute a contract with Callander Associates Landscape Architecture, Inc. to perform trail planning and environmental review consulting services. Work on the Bay Trail study will commence in early December. Attachments: 1. Resolution 2. Exhibit A: Map of Trail Study Corridor Prepared by: Michael Reeves, Real Property Specialist Contact person: Same as above Graphics prepared by: Zach Alexander, Planning Technician RESOLUTION NO. 10-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A PLANNING GRANT AGREEMENT BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE ASSOCIATION OF BAY AREA GOVERNMENTS PERTAINING TO THE RECEIPT OF FUNDS FOR THE "RAVENSWOOD BAY TRAIL ALIGNMENT STUDY" (RAVENSWOOD OPEN SPACE PRESERVE) WHEREAS, under the administration of the Association of Bay Area Governments, the San Francisco Bay Trail Project accepts, annually, grant applications for projects that would improve public access and related facilities to and around the bay; and WHEREAS, the Bay Trail Project' s Steering Committee awards grant funds to develop trail segments of the Bay Trail throughout the nine-county area; and WHEREAS, the Midpeninsula Regional Open Space District ("District") wishes to enter into a Planning Grant Agreement between the District and the Association of Bay Area Governments ("Grant Agreement") that will authorize reimbursements to the District for funds that are expended in connection with developing a conceptual plan for a proposed segment of the Bay Trail adjacent to the District's Ravenswood Open Space Preserve("Project"); NOW,THEREFORE, BE IT RESOLVED, SECTION 1. The District Board of Directors hereby approves the execution of the Grant Agreement by the District, and authorizes the President or the General Manager to execute the Grant Agreement on behalf of the District in order that the District may be reimbursed for funds which the District intends to expend on the Project. SECTION 2. The General Manager is further authorized to approve any extension to the term of the Grant Agreement as may be necessary or appropriate to ensure completion of the Project in accordance with the terms of the Grant Agreement. SECTION 3. The Board of Directors hereby designates the General Manager or his designee as the person responsible for the administration of the Grant Agreement. SECTION 4. The Board of Directors finds that the adoption of this resolution approving the Grant Agreement does not constitute a project under the California Environmental Quality Act. Y Don Edwards Y, San Francisco Bay , ` `� National Wildlife Refuge s1 '' a (Salt Pond SF2) �°�\ Transbay Pipeline ��aa Valve Station S . (SFPUC) �. s Ravenswood Open Space Preserv. Bay Trail Study Corridor `-A lq `"* r k ? Designated Section of ;n,4 , t ` ' San Francisco Bay Trail 3 R ,i �,a.st. �.4•; � T 1 Exhibit A: Study Corridor for Bay Trail Connection Midpeninsula Regional Open Space District November 2010 e Feet � + 0 250 500 1,000 v Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 17, 2010 Re: FYIs i Open SpaceiDisstriictnai Memorandum 1 To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Julie Andersen Date: November 5, 2010 Re: Informational Update on the District's Resource Management Policies The District's Resource Management(RM)Polices were first adopted in October 1994 and consisted of thirteen policies. In 2003, the District completed a Resource Management Five-Year Strategic Plan to identify high priority resource management goals. One of the implementation measures from the Strategic Plan was to"Work with the Board to identify and prioritize RM Policies for development". To meet this goal,District staff conducted a Board workshop on October 21, 2004 to identify new policies and to prioritize individual policies for revision. As a result of this workshop, staff reviewed and updated four of five newpolicies. Ea h f hese nine policies was resented to the the policies from 1994 and developed f e e c o t p p Board in a series of workshops from 2005 to 2008. During each workshop, staff noted that inconsistencies may arise within the overall RM Policies due to individual policy revisions. To overcome these inconsistencies, staff recently completed a comprehensive review of the RM Policies as a whole and has prepared recommended edits which will be brought before the Board in a series of two workshops scheduled for Wednesday,December 1, 2010, and Wednesday,January 12, 2011. i The first workshop scheduled for December 1,2010,will present the recommended revisions to the remaining individual policies from 1994 that were not brought before the board. The second workshop, scheduled for January 12, 2011, will present the RM Policies in their entirety in order to view changes I resulting from collation of each of the revised individual policies into an overall comprehensive RM Policies document. When the two workshops are completed and Board comments have been addressed, staff will ask the Board to tentatively adopt the overall RM Policies document. A consultant will then prepare the appropriate California Environmental Quality Act(CEQA)review and once CEQA requirements have been met, staff will return to the Board for approval of the CEQA and formal adoption of the District's revised RM Policies. District staff has reviewed and updated each of the RM Policies identified in subsections A through C below. Redundant or overlapping policies were combined,resulting in a total of 15 RM Policies. Nine of these policies have been brought before the board previously in workshops conducted between 2005 and 2008. The six remaining policies will be reviewed by the board during the two upcoming workshops. One additional policy, Agricultural Use,has been removed from this process for further development prior to presenting it to the San Mateo County Farm Bureau and the San Mateo County Agricultural Advisory Committee as a stand alone policy. Once reviewed and commented upon by these agencies,the Agricultural Use Policy will undergo its own CEQA analysis as an individual Policy due to its unique nature. Staff's conclusion is that this policy differs from the resource management policies as it addresses unique matters specific to agriculture. For these reasons,staff recommends addressing this proposed policy via a process more tailored to agriculture and the interested agricultural community.For a matrix indicating the final disposition of each of the individual Policies identified below,please see Attachment 1. A. Original RM Policies identified in 1994: j 1. The District's Resource Management Mission 2. Planning and Implementation 3.Natural Systems Management 4. Vegetation Management 5. Wildlife Management 6.Non-Native Species Management 7. Water Resources 8. Geology and Soils 9. Scenic and Aesthetic Resources 10. Agricultural Use 11. Heritage Resources 12. Research and Information Collection 13. Education B. RM Policies identified for priority consideration at the 2004 Board Workshop: 1. Fisheries 2.Water Quality 3.Pond Management 4. Grazing 5. Wildland Fuel Management 6. Sudden Oak Death 7. Corridors/Connectivity 8. Invasive Species 9. Ecological Succession 10.Agricultural C. RM Policies identified as result of the San Mateo Coastal Annexation Area Service Plan: 1. Forest Management Next Steps: Staff will present proposed changes to the remaining individual policies that were not previously brought before the Board at the December 1,2010,workshop. The Board will be asked to review those policies in depth prior to the workshop. Those policies include: 1. The District's Resource Management Mission 2. Wildlife Management 3. Geology and Soils 4. Scenic and Aesthetic Resources 5. Research and Collection of Information 6. Public Interpretation and Environmental Education Attachment 1 Policy Disposition Matrix E��,jq IIOW7777777777'ollZoRon, I RX77,77"I"" Al. District's Resource Mangement Missior Combined with A2,and A3 District Resource Management Program 12101/201 and 01/12/2011 A2. Planning and Implementation Combined with Al,and A3 District Resource Management Program 12/01/201 and 01/12/2011 A3. Natural Systems Management Combined with Al,and A2 District Resource Management Program 12/01/201 and 01/12/2011 A4. Vegetation Management Combined with B6 Vegetation Management 11/29/2006 A5. Wildlife Management Reviewed and updated Wildlife Management 12/01/201 and 01/12/2011 A6. Non-Native Species Management Combined with B8 Invasive Species Management 1/24/2007 and 2/28/2007 A7. Water Resources Reviewed and updated Water Resources 3/30/2005 A8. Geology and Soils Reviewed and updated Geology and Soils 12/01/201 and 01/12/2011 A9. Scenic and Aesthetic Resources Reviewed and updated Scenic and Aesthetic Resources 12/01/201 and 01/12/2011 Al 0. Agricultural Use To be completed In Review In Development All. Heritage Resources Reviewed and updated Cultural Resources 6/11/2008 Al 2. Research and Information Collection Reviewed and updated Research and Collection of Information 12/01/201 and 01/12/2011 Al 3. Education Reviewed and updated Public Interpretation and Environmental Educatic 12/01/201 and 01/12/2011 611", Ago*f"6111? 1,111 111,15,21,171, X" I vwlli� W99", 0"'tt B1. Fisheries Combined with B2,and B3 Water Resources 3/30/2005 B2. Water Quality Combined with BI,and B3 Water Resources 3/20/2005 B3. Pond Management Combined with B1 and B2 Water Resources 3/30/2005 B4. Grazing Reviewed and updated Grazing Management 9/27/2006 B5. Wildlland Fuel Management New Section Developed Wildland Fire Management 12/4/2009 B6. Sudden Oak Death Combined with A4 Vegetation Management 11/29/2006 B7. Corridors/Connectivity New Section Developed Habitat Connectivity 5/14/2008 B8. Invasive Species Combined with A6 Invasive Species Management 1/24/2007 and 2/28/2007 B9. Ecological Succession New Section Developed Ecological Succession 12/12/2007 B10. Agriculture To be com feted In review In Development 02,31,",1, 0 Cl. Forest Management New Section Developed Forest Management 6/27/2007 *Items in BOLD are Policies that have not been brought before the Board since 1994 Attachment 1 Policy Disposition Matrix Mideninsua egio Open Space'Dist ictnal Memorandum DATE: November 17, 2010 MEMO TO: MROSD Board of Directors THROUGH: Steve Abbors, General Manager FROM: David Sanguinetti, Operations Manager SUBJECT: Seasonal Trail Closures for 2010—2011 Winter Season I At the Board meeting of January 27, 2010 the Board requested that information regarding proposed Seasonal Trail Closures be submitted to the Board in an"FYI" format. In previous years this information had been provided as a full Board report,but it was felt that it the"FYI" format would be more efficient. Attached is a table which shows the information which was accepted by the Board in January, 2010 for the 2009-2010 winter season. The information was delayed because of staff workload,but is being provided on a more timely basis this year. The table shows the changes which are proposed for the 2010-2011 winter season in underline and strikeout format. Unless there are any requests for changes, the proposed changes will be put into effect when the rainy season begins. Seasonal Trail Closures(Winter 2010—2011) Adopted January 27, Updated November 17,2010 Preserve Trail Bicyclists Equestrians Comments 1. Bear Creek Aldereroft Creek Trail Closed Seasonal Trail is very popular with equestrians from Bear Creek Stables,and is Redwoods highly susceptible to damage when wet. Final determination on access awaiting completion of master planning process. 2. Long Ridge Achistaea* Closed Seasonal Trail not open to bicyclists. Soil type prone to damage from equestrians if used during wet weather. Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. Ridge Trail—Chestnut Orchard Seasonal Seasonal Same conditions as above. to Peters Creek Trail 3. El Corte de Methuselah—CM08 to Fir trail Seasonal Seasonal 4'r-ail is,highly suseeptible to damage dtozitig extelided pefiE)ds Of r-aifi'frail Madera will be monitored for bicycle related damage during the rainy season and only closed if necessary.. Leaf Trail Seasonal Seasonal Tra41454ighly-6*Ree�le to damage during extended periods of -ain Trail will be monitored for bicycle related damage during;the rainy season and only closed if necessary_ Giant Salamander Seasonal Seasonal Trail will be monitored for bicycle related damage during the rainy season and only closed if necessary.Trail was identified m the geological dur-ing fit-S4 Wiflier-it's open following eonstl-uetio"to see if it should be 4. Fremont Toyon Trail Seasonal Seasonal Very popular with equestrians from Garrod Stables and mountain Older bicyclists. Tread can get very muddy during wet conditions. i Seasonal Trail Closures Adopted January 27,2009 Page 2 of 3 Preserve Trail Bicyclists Equestrians Comments 5. Monte Bello Skid Road Trail to Canyon Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded Trail(Lower Nature Trail) canyon environment can prevent the tread from drying through the winter season. Alternate route available. White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates Permit lot to Skid Road Trail closures during and immediately following heavy rainfall. 6. Purisima Whittemore Gulch Seasonal Seasonal Narrow,winding,seasonally wet trail,highly susceptible to damage. Creek This trail is normally closed for the winter. Alternate route available. Redwoods 7. Rancho San Hammond-Snyder Loop Trail Seasonal Seasonal Closure listed in anticipation of approval of the new agreement with Antonio Santa Clara County Parks for District's management of RSA County Counly Park Park. Trail closed seasonally due to wet conditions. 7-.$.Saratoga Saratoga Gap Trail Seasonal Seasonal Generally wet conditions during the winter. Damage can occur if open. Gap Would only be closed in extreme conditions rt,., etion t,. if.t';heuld r a:,l„ d to h ;'he etzTrail will be &9.Thornewood Bridle Trail* Closed Seasonal closed to horses this winter to allow the newly constructed section to settle and until an equestrian crossing is constructed across Dennis Martin Creek. *=New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of Board-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action I Seasonal Trail Closures Adopted January 27,2009 Page 3 of 3 Preserve Trail Bicyclists Equestrians Comments 9,10. Windy Razorback Ridge Trail Closed Seasonal "Trail suffers severe impacts when wet. "There is limited horse use on the Hill trail,but the use that is present can have a significant impact. damage to this ir-ail, due 4o and immediately t�qllowing heavy There has been ongoing tr-ead Betsy Crowder Trail Closed Seasonal Generally wet conditions during the winter. Damage can occur if open. Lost Trail Closed Seasonal Trail suffers severe impacts when wet. There is limited horse use on the trail,but the use that is present can have a significant impact. Hamm's Gulch Trail Closed Seasonal Same conditions as above. O:\Board Reports\Seasonal Trail Closures\2010-11 Seasonal Trail Closures-Table Only-Adopted 12-7-2010.doc *=New closures SEASONAL CLOSURE: Closed during extremely wet conditions or when new construction presents serious concern over trail safety and potential resource damage,usually between the months of November and April. INTERIM CLOSURE: Closed temporarily pending the application of Board-adopted trail use guidelines in the use and management review process. CLOSED: Closed permanently as a result of Board action 1 NOV 0 8 2010 DP*,4NWIA W-O&*L 0'*' SPACE INSMOT 2477 Porterfield Court Mountain View, California 94040 November 5, 2010 Midpeninsula Regional Open space District 330 Distel Circle Los Altos, CA 94022 Attention: Michelle Radcliffe Dear Michelle, Thank you for considering my application for Director of Ward 2. Unfortunately I did not realize that Mountain View was in a separate District. I find it highly unusual that an area which is 95 percent urbanized with little or no potential for open space or connectivity, including the baylands which have been permanently modified by sanitary landfill would be in a separate Open Space District(Ward 4).This appears to be contrary to your basic criteria and policy statement. Thank you again for your consideration, JOL 7 7 John T. O'Rourke I i • Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 17, 2010 Re: La FYIs EV Midpeninsula Regional ' Open Space District CLOSING MEMORANDUM To: Stephen E. Abbors, General Manager From: Michael C. Williams, Real Property Manager Date: November 3, 2010 Subject: Slaght Property Addition, Mt. Umunhum Area of Sierra AZUI Open Space Preserve Escrow closed for the subject transaction on October 29, 2010, and title to and possession of this 20-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, neighbors to the property were notified of this purchase. As there were no comments made by any of the neighbors or members of the public that might require amendments, close of escrow marks the final adoption of the Preliminary Use and Management Plan, approved by the Board of Directors at its meeting of October 13, 2010 The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: Board Approval Date& & County Grantor Acres (Fee,Easement,Lease, Resolution Number or Area & Mgmt Agreement) General Manager A.P.N. Approval Date Sierra Azul Santa Clara County Slaght 20.0 Fee October 13,2010 Mt.Umunhum 537-10-003 10-33 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU, & Purchase Price G1S Code Status(Intended or Type or Other Withheld) yp October 29,2010 Closed Withheld Cash 2,025,000 1865 Misc.Notes: Structure insurance value for unit A$45,000,Unit B$45,000 and accessory structures$10,000. cc: Board of Directors Administration Accounting(See Misc.Notes above) Operations&Field Offices Planning GIS Coordinator Public Affairs Legal(See Misc.Notes above) Mid peninsula Regional Jaw, Open Space District CLOSING MEMORANDU To: Stephen E. Abbors, General Manager From: Michael Reeves, Real Property Specialist Date: November 3, 2010 Subject: Powell Property Addition, Monte Bello Open Space Preserve Escrow closed for the subject transaction on October 29, 2010, and title to and possession of this 33.5- 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, neighbors to the property were notified of this purchase. As there were no comments made by any of the neighbors or members of the public that might require amendments, close of escrow marks the final adoption of the Preliminary Use and Management Plan, approved by the Board of Directors at its meeting of October 13, 2010. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: Board Approval Date& & County Grantor Acres (Fee,Easement,Lease, Resolution Number or Area & Mgmt Agreement) General Manager A.P.N. Approval Date Santa Clara October 13,2010 Monte Bello K.Marmon Powell 33.5 Fee 10 32 351-26-002 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU, & Purchase Price GIS Code or Other) Status(Intended or Type Withheld) October 29,2010 Closed Withheld Cash $1,000,000 1618 Misc.Notes: 1. As part of this transaction,the seller will continue to have access to and use of the workshop for 6 months to remove and cleanup the workshop. $5,000 has been withheld in escrow to ensure this clean up work. 2. District will secure the vacant house until the demolition,removal and site restoration is complete which is anticipated for the spring or summer of 2011. cc: Board of Directors Administration Accounting Operations&Field Offices Planning GIS Coordinator Public Affairs Legal