HomeMy Public PortalAbout20061115 - Agenda Packet - Board of Directors (BOD) - 06-27 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-27
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday,November 15, 2006
330 Distel Circle, Los Altos, California
Please Note: 6:30 p.m. Special Meeting Closed Session Start Time
7:00 p.m. Special Meeting Financing Authority
7:30 p.m. Regular Meeting Start Time
AGENDA*
6:30 ROLL CALL
CLOSED SESSION
The Special Meeting Closed Session will begin at 6:30 p.m. At 7:30 p.m.,the Board will convene the
Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Closed
Session.
Conference with Real Property Negotiator—California Government Code § 54956.8
Real Property—POST(Stevens Canyon Ranch)property, 16891 Stevens Canyon Road, Saratoga, CA.
Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-016, 503-05-039 and 503-06-02
Agency Negotiator—Mike Williams
Negotiating Party— Walter Moore, POST Vice President
Under Negotiation—Price and Terms
7:00 Special Meeting of the to Midpeninsula Regional Open Space District Financing Authority Governing
Board
7:30* CONVENE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
ROLL CALL
ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—J. Cyr
ADOPTION OF CONSENT CALENDAR—J. Cyr
APPROVAL OF MINUTES
■ SEPTEMBER 27,2006
� .
` Meeting 06-27 Page 2
� BOARD BUSINESS
7:40* | Amendment ofK4Wpcnioeu|a Regional Open Space District Joint Exercise oyPowers Agreement
related to the h8idpcniomu\u Regional Open Space Financing Authority eliminating the termination
date; issuance of20Oh Refunding Promissory Notes in an Anumuo1 not to Exceed $80 Million and
sale to Midpeninau|u Regional ()pen Dpuuo District Financing Authority; approval of the Official
Statement; approval of agreements for bond and disclosure counsel services; and other matters
related thereto.—K4. Foster
�
� 7:55* 2 Proposed Purchase of an Undivided Eighty-One and One Quarter Interest(81.25%) from the Real �
Estate Trust at Community Foundation Silicon Valley and Acceptance of a Gift of an Undivided �
Eighteen mndTbnco'()umrtnro Interest from Richard T. Peery Separate Property Trust,et a]. in San
Mateo County Assessor's Parcel Numbers 0h7']7O'0|O and U67-3lU-0]O(~^6000crPcery`)
Property, located iu Unincorporated San Mateo County Approximately one Mile North ofIrish
Ridge Road, as an Addition to Purisima Creek Redwoods Open Space Preserve; determine that
the Actions are Categorically Exempt from the California Environmental Quality Act(CEQA);
Adopt the Preliminary Use and Management Plan recommendations, name the property as an
addition topuhminmu Creek Redwoods Open Space Preserve, indicate your intention todedicate �
the property as public mpco upace.—M. Williams
0:05* 3 Authorization to Amend Contract with Bu|none Rv6ro|ogicm, Inc. to Continue to Provide In-
Stream Sediment Monitoring Services o1n| Corte de Madera Creek Open Space.Pcemarveand
Authorizing the General Manager to Execute the Amended Contract in an amount of$39,991.50
Plus m Contingency oy$6,5O8.50, for u Total Amendment Amount not to Exceed $4h,5O0.O0, and �
�
uToto| Authorization Amount not to Exceed $108,256.00—K4. Manning
8:10* 4 Authorize Additional Legal Fees inthe Matter nf Fogarty v. Midpmuiuou|u Regional Open Space �
� District and Midpeninau|u Regional Open Space District v. Fogarty for the law firm ofPillsbury �
Winthrop Shaw Pittman in an Additional Amount not to exceed $60'000.—S. Scheutmoun
� 8:15* 5 Consider Referral of Argentine Ant P,opunu| from Stanford University's Department of �
|
� Biological Sciences tothe Use and Management Standing Committee for Review and
Recommendation—C. Britton
�
8:20* 6 Authorization to Enter Into aProfessional Services Agreement with Go Native, LCC for �
Integrated Pest Management Consultant Services and Development and Implementation ofa �
Public Outreach Program to Facilitate Treatment of Slender False Bnmnuuin the Vicinity of
Thorocvvoud Open Space Preserve and Authorizing the General Manager to Enter into o
Professional Services Agreement not to Exceed $06,UOOiu Fiscal Year 20O6-20O7 (Phase Dwith
Go Native, LLC for Integrated Pest Management Services and Development of a Public Outreach
Program to Facilitate Treatment of Slender False Brouueiothe Vicinity nf the Thornev/oodOpen
Space Preserve. —C. Roessler
0:50* 7 Authorize Staff to Complete the Training Burn Approved for Rancho de Guadalupe Area of Sierra
/\zu| Open Space Preserve and Determine that the Recommended Actions as Set out in this Report
are[a1cQnriuu||y Exempt under the California Environmental Quality Act(CE()/\).—J. Mocie|
*~* 8 Notice of Contract Completion for the Picchetti Winery Seismic Upgrade and Access
Improvements at Picchetti Ranch Open Space Preserve and Authorizing the General Manager to
Execute the Notice of Contract Completion for the Picchetti Winery Seismic Upgrade and Access
lonpnovenmcutm
Project.—A. Ruiz
Meeting 06-27 Page 3
9 Notice of Contract Completion for the Deck Repair at 16075 Overlook Drive, Monte Sereno, CA
El Sereno Open Space Preserve and Authorizing the General Manager to Execute the Notice of
Contract Completion for the Deck Repair at 16075 Overlook Drive, Monte Sereno, CA, El Sereno
Open Space Preserve . —M. Williams
10 Authorization to Reject All Bids Received on October 16, 2006 for the Skyline Field Office
Heating, Ventilation, Air Conditioning, and Roofing Project at Skyline Ridge Open Space
Preserve.—A. Ruiz
11 Annual Seasonal Trail Closures Informational Report and Review and Comment on the Proposed
Trail Closures. No Formal Board Action is Required. —A. Ruiz
REVISED CLAIMS
9:10* 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 matter at a future meeting; or direct staff
to place a matter on a future agenda.
9:25* ADJOURNMENT
Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by
the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each
speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written
communication, which the Board appreciates.
All items on the consent calendar maybe approved without discussion by one motion. Board members, the General
Manager, and members of the public may request that an item be removed from the Consent Calendar during
consideration of the Consent Calendar.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make
reasonable arrangements to ensure accessibility to this meeting.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-140
Meeting 06-27
November 15, 2006
AGENDA ITEM I
AGENDA ITEM
Amendment of Midpeninsula Regional Open Space District Joint Exercise of Powers
Agreement Relating to the Termination date, and Issuance of 2006 Refunding Promissory
Notes in an Amount not to Exceed $80 Million
CONTROLLER'S RECOMMENDATIONS
I Adopt the attached Resolution authorizing execution of First Amendment to the
Joint Exercise of Powers Agreement relating to the Midpeninsula Regional Open
Space District Financing Authority eliminating the termination date.
2. Adopt the attached Resolution authorizing the issuance of six series of notes,
designated as the 2006 Refunding Promissory Notes and totaling approximately
$63 million, and not to exceed $80 million, and the sale thereof to the
Midpeninsula Regional Open Space District Financing Authority, approving an
Official Statement, approving agreements for bond and disclosure counsel
services, and providing other matters properly related thereto.
DISCUSSION
The favorable bond and bond insurance market conditions make it advantageous to
propose the issuance of approximately $63 million of revenue refunding bonds. Tax-
exempt interest rates remain near forty-year lows and bond insurance is available at
reasonable costs and terms. The proposed bonds will be insured if staff determines that
the insurance premium is less than the present value of interest savings achieved as a
result of the insurance (which staff currently expects will be the case). The objectives of
this refinancing, in priority order, are to (1) reduce the present value of future debt
service, (2) reduce debt service payments in the peak debt service years of 2016-2020,
and (3) position the District to easily issue additional debt, if and when needed to support
future land purchase opportunities. The proposed issue is purely a refinancing; it does
not include the borrowing of any additional land purchase funds. The proposal is to
refinance all of the $59 million outstanding balance of the 1996 and 1999 (second issue)
Revenue Bonds. Because a portion of the 1999 (second issue) Bonds do not qualify to be
refunded on a tax-exempt basis, approximately $6.8 million of the new 2006 Bonds will
be sold as taxable bonds. Without this structure, the District would not be able to fully
reclaim all of the land collateral pledged against the 1996 and 1999 (second issue) Bonds.
R-06-140 Page 2
The notes issued by the District will be sold to the Midpeninsula Regional Open Space
District Financing Authority (the "Authority"). The District will agree to pay amounts to
the Authority sufficient to cover the debt service payments. This is the same basic
structure successfully utilized for our 1996, 1999, and 2004 Bonds. Unlike these prior
financings, none of the proposed 2006 financing involves a lease, so no land is being
pledged as collateral and all of the land previously pledged on the 1996 and 1999 (second
issue) leases will be released. This released collateral will make it easier to quickly issue
new lease debt in the future, if needed to finance land purchase projects.
The proposed refinancing reduces the present value of future debt service payments by
$5.5 million--almost 10% of the principal amount of the refunded bonds. The structure
has a neutral impact on District cash flow over the next eight years, then reduces debt
service by $4.8 million in the peak debt service years of 2016-2020. The overall effect is
to smooth District debt service through 2028, after which District debt service is low.
Attached as Exhibit "A" is a bar graph of future District public debt service, showing a
comparison on the proposed profile with the existing commitments. The estimated
arbitrage yield on the proposed bonds, including the taxable portion, is 4.28%, compared
to an average coupon rate on the bonds to be refunded of 5.95%. Including issuance
expenses and the cost of bond insurance, the total interest cost of the proposed bonds is
estimated at 4.56%. This "all-in" cost compares to 4.99% on our last large issue, the
$31.9 million 2004 Revenue Bonds.
ESTIMATED SOURCES AND USES (millions)
SOURCES:
2006 Tax-Exempt Bond Proceeds $56.33
2006 Taxable Bond Proceeds 6.84
1996 Debt Service Reserve Fund 1.60
Total Sources $64.77
USES:
Refund 1996 and 1999 Debt $63.34
Bond Insurance (incl. Surety bond) 0.85
Underwriter's Discount 0.33
Other Cost of Issuance 0.25
Total Uses $64.77
The plan is to select the bond insurance company on November 10, distribute the Official
Statement on November 17, price the issue during the two weeks following Thanksgiving
and deliver the bonds in early January. Because institutional bondholders generally have
large amounts of bonds maturing in January, it is anticipated that this will be good timing
for favorable demand. The proposed issue is consistent with long-term financial plans
and is easily accommodated within our statutory debt limit. After the proposed
refinancing, the District's bonded indebtedness would be about 54% of the District's
statutory debt limit.
R-06-140 Page 3
The proposed bond counsel is Jones Hall of San Francisco. Following the retirement of
the District's long-time bond counsel, Carlo Fowler of Orrick, the District, in May 2006,
circulated a request for proposal for bond counsel and disclosure counsel services to
several leading municipal finance law firms. In August, staff selected Chris Lynch of
Jones Hall as bond counsel and Chip Eady of Nixon, Peabody as disclosure counsel. The
proposed fees are $45,000 for bond counsel and $25,000 for disclosure counsel with
expenses not to exceed $2,500. These total legal fees are significantly below the
combined fees paid on the 2004 Bonds.
The proposed underwriter is Stone & Youngberg LLC (S&Y). S&Y has successfully
managed several District financings, including all of the debt issued under the Authority
structure. Staff believes that S&Y has done an outstanding job. The proposed
underwriting fee of 0.55% is below the S&Y fee charged for the 2004 Bonds (0.7%) and
considerably below the fee quoted by another bank, which proposed a somewhat similar
refinancing to the District earlier this year. The Authority is responsible for executing a
Bond Purchase Contract with S&Y since the Authority is the official issuer of the bonds.
In the course of its work on the refinancing, staff concluded that the existing termination
provisions of the Joint Exercise of Powers Agreement relating to the Authority between
the District and the County of Santa Clara(the "County") should be amended for the
purpose of eliminating the June 30, 2036 termination date. The First Amendment
provides that the Agreement will remain in full force and effect until terminated by
official action of the governing body of either the County or the District. County staff has
agreed to recommend approval of the proposed amendment to the County Board of
Supervisors on November 14, 2006,
SUMMARY OF THE PROPOSED TRANSACTION:
1. Amount: Approximately $63 million, not to exceed $80 million
2. Term: 21 years
3. Average Life: 13.6 years
4. Purpose: Refinance $59 million of existing debt in order to reduce
the present value of future debt service by $5.5 million
5. Interest Rates: To be priced in early December 2006. Estimated average
yield of 4.28%; estimated total cost of funds 4.56%
6. Reserve Fund: Expected to be funded by a surety bond
7. Underwriting Fee: Approximately 0.55% of par amount issued, about
$325,600
8. Bond Counsel Fee: $45,000
9. Disclosure Counsel Fee: $25,000 with expenses not to exceed $2,500
10: Closing Schedule: By mid-January 2007
Preparation for this issue is now substantially complete and ready for your review and
approval. Representatives from the underwriter and bond counsel will be at the meeting
to answer any questions you may have.
R-06-140 Page 4
PARTIES TO THE TRANSACTION:
l. Issuing Authority: Midpeninsula Regional Open Space District Financing
Authority
2. Issuer: Midpeninsula Regional Open Space District
3. Trustee: Bank of New York Trust Company
4. Underwriter: Stone & Youngberg LI-C
5. Bond Counsel: Jones Hall
6. Disclosure Counsel: Nixon Peabody LLP
DUT
IES OF THE PARTIES:
1. Issuing Authority: Act as the issuing authority for the District
2. Issuer: Issues notes, makes principal and interest payments
3. Trustee: Administers bonds for the benefit of the holders, collects
principal and interest from the District, makes payments
to holders, and holds reserve fund
4. Underwriter: Purchases bonds from Authority and sells to buyers
5. Bond Counsel: Prepares and certifies bond documents; assures tax-
exempt status of a majority of the bonds to buyers
6. Disclosure Counsel: Help draft the Authority and the District's official statement
and give advice with respect to compliance with federal
securities laws.
MAIN AGREEMENTS:
Note: 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
2. Indentures (between Authority and trustee and between District and trustee):
Appoints Bank of New York as trustee for the bonds, lists trustee's duties and
responsibilities, and details how the bonds are to be administered
3. Purchase Contract (between Authority, District and S&Y): Defines terms under
which S&Y will purchase the bonds from the Authority
4. First Amendment to Joint Exercise of Powers Agreement (between the District and
the County): Amends the existing termination provisions to provide that the
Agreement will remain in full force and effect until terminated by official action of
the governing body of either the County or the District.
Prepared by:
Michael L. Foster, Controller
Contact person:
Same as above
Midpenninsula Regional Open Space District
2006 Restructuring of All 1996 and 1999 Series 2 Bonds
Assumes Tax-Exempt and Taxable CA Insured Interest Rates as of October 30,2006
S
2
5
2
0
i
ul
V
5
u
1 _
0 '—
Awl I
5
FIFI
i
t� W C O �--� N M_ 7 Ln X N en e} Ln 111) 1 00 0% O r+ N en 7 In
N N N N N N M en oM en en M
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
Fiscal Year(4/1)
Nand Contracts �1999 Lease 02004 Lease 02005 Notes
t•2006 Taxable Refunding Bonds �2006 TE Refunding Bonds Tax Revenue (Outstanding Profile
tl7
ye
S
W
50014-01 1 0-12-06
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space
District (the "District"), as follows:
WHEREAS, the District and the County of Santa Clara (the "County") previously
entered into a joint Exercise of Powers Agreement dated as of May 1, 1996 (the "Original
Agreement") for the purpose of forming the Midpeninsula Regional Open Space District
Financing Authority (the "Authority") pursuant to Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Law"); and
WHEREAS, Section 3 of the Original Agreement generally provides for termination of
the Original Agreement on June 30, 2036 unless earlier terminated by written agreement of the
District and the County; and
WHEREAS, Section 16 of the Original Agreement provides that the Original Agreement
may be amended by an amendatory agreement executed by the District and the County at any
time; and
WHEREAS, Section 6510 of the Law provides that a joint exercise of powers agreement
may be continued for a definite term or until rescinded or terminated; and
WHEREAS, the District wishes to continue working with the Authority to finance its
public purposes specified in the Public Resources Code of the State of California, and,
accordingly, wishes to eliminate the June 30, 2036 termination date set forth in Section 3 of the
Original Agreement;
NOW,THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. Approval of First Amendment. The Board of Directors hereby authorizes the
President of the Board of Directors, the General Manager or a designee of any such individual,
to execute, and the Clerk to attest, a First Amendment to joint Exercise of Powers Agreement
(the "First Amendment"), in substantially the form on file with the Clerk, together with any
changes therein deemed advisable by General Counsel to the District.
Section 2. Official Actions. The President, the General Manager, the Controller, the
General Counsel, the Clerk and all other proper officers of the District are hereby authorized
and directed to take all actions and do all things necessary or desirable hereunder with respect
to the First Amendment, including but not limited to the execution and delivery of any and all
agreements, certificates, instruments and other documents, which they, or any of them, may
deem necessary or desirable and not inconsistent with the purposes of this resolution.
Section 3. Effect. This Resolution shall take effect immediately.
Passed and Adopted on the 15th day of November, 2006, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
Approved:
President of the Board of Directors
Attest:
District Clerk
-2-
50014-01 JH:CKL 11-7-06
RESOLUTION NO.
RESOLUTION OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING THE ISSUANCE OF SIX SERIES OF NOTES AND THE SALE
THEREOF TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FINANCING AUTHORITY, APPROVING AN OFFICIAL STATEMENT, AND
PROVIDING OTHER MATTERS PROPERLY RELATING THERETO
WHEREAS, the Authority previously issued two series of bonds:
(i) the $29,910,201,25 Mid peninsula Regional Open Space District Financing
Authority 1996 Revenue Bonds (the "1996 Bonds") pursuant to a Trust Agreement,
dated as of July 1, 1996 (the "1996 Trust Agreement"), a portion of which 1996 Bonds
were issued as capital appreciation bonds (the "1996 Capital Appreciation Bonds") and
a portion of which 1996 Bonds were issued as current interest bonds (the "1996 Current
Interest Bonds"); and
(ii) the $28,366,961.05 Midpeninsula Regional Open Space District Financing
Authority 1999 Revenue Bonds, Second Issue (the "1999 Bonds") pursuant to a Trust
Agreement, dated as of August 1, 1999 (the "1999 Trust Agreement"), a portion of
which 1999 Bonds were issued as capital appreciation bonds (the "1999 Capital
Appreciation Bonds") and a portion of which 1999 Bonds were issued as current interest
bonds (the "1999 Current Interest Bonds");
WHEREAS, the Authority issued the 1996 Bonds to obtain money to carry out a
program of providing assistance to the District with the financing or refinancing of public capital
improvements in order that the District may achieve its public purposes (the "Program") by
funding the acquisition of (i) a Project Lease dated as of July 1, 1996 by and between the
Authority and the District (the "1996 Project Lease") and (ii) the 1996 Refunding Promissory
Notes dated July 24, 1996 issued by the District (the "1996 Promissory Notes"); and
WHEREAS, the District entered into the 1996 Project Lease and issued the 1996
Promissory Notes for the purpose of (i) financing acquisition of open space for the District, (ii)
refunding on a current basis (A) the District's Secured Promissory Notes (Parcel 2 and 2A),
which were used to finance acquisition of open space and (B) the District's Variable Rate
Demand Notes, 1988 Series A, which were used to finance acquisition of open space; and
WHEREAS, the Authority issued the 1999 Bonds in furtherance of the Program by
funding the acquisition of (i) a Project Lease dated as of August 1, 1999 by and between the
Authority and the District (the "1999 Project Lease") and (ii) the 1999 Promissory Notes dated
August 30, 1999 issued by the District (the "1999 Promissory Notes"); and
WHEREAS, the District entered into the 1999 Project Lease and issued the 1999
Refunding Promissory Notes for the purpose of (i) financing acquisition of open space for the
District and (ii) refunding on a current basis the District's 1990 Promissory Notes, which were
issued by the District for the purpose of (A) financing acquisition of open space and (B)
refunding on an advance basis the District's 1987 Promissory Notes; and
WHEREAS, the District wishes to refinance the 1996 Project Lease in its entirety, and,
for that purpose, wishes to issue its 2006 Refunding Promissory Notes (1996 Project Lease —
1s' Issue) pursuant to Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the
State of California (the "District Act") and an Indenture, dated as of December 1, 2006, which
Notes it shall immediately refinance with proceeds of its 2006 Refunding Promissory Notes
(1996 Project Lease -2 nd Issue) pursuant to Articles 10 and 11 of Chapter 3 (commencing with
section 53570) of Division 2 of Title 5 of the California Government Code (the "Refunding Law")
and an Indenture, dated as of December 1, 2006; and
WHEREAS, the District wishes to refinance the 1996 Promissory Notes in their entirety,
and, for that purpose, wishes to issue its 2006 Refunding Promissory Notes (1996 Promissory
Notes) pursuant to the Refunding Law and an Indenture, dated as of December 1, 2006; and
WHEREAS, the District wishes to refinance the 1999 Project Lease in its entirety, and,
for that purpose, wishes to issue its 2006 Refunding Promissory Notes (1999 Project Lease —
1s' Issue) pursuant to the District Act and an Indenture, dated as of December 1, 2006, which
Notes it shall immediately refinance with proceeds of its 2006 Refunding Promissory Notes
(1999 Project Lease -2 nd Issue) pursuant to the Refunding Law and an Indenture, dated as of
December 1, 2006; and
WHEREAS, the District wishes to refinance the 1999 Promissory Notes in their entirety,
and, for that purpose, wishes to issue its 2006 Refunding Promissory Notes (1999 Promissory
Notes) pursuant to the Refunding Law and an Indenture, dated as of December 1, 2006; and
WHEREAS, the 2006 Refunding Promissory Notes (1996 Project Lease — ls' Issue), the
2006 Refunding Promissory Notes (1996 Project Lease — 2 nd Issue), the 2006 Refunding
Promissory Notes (1996 Promissory Notes), 2006 Refunding Promissory Notes (1999 Project
Lease — 1 s' Issue), the 2006 Refunding Promissory Notes (1999 Project Lease — 2ndIssue) and
the 2006 Refunding Promissory Notes (1999 Promissory Notes) are referred to as the "Program
Obligations"; and
WHEREAS, the Authority has determined, in furtherance of the Program, to assist the
District with the refinancing of the 1996 Project Lease, the 1996 Promissory Notes, the 1999
Project Lease and the 1999 Promissory Notes (the "Prior Program Obligations") by issuing the
following Bonds as defined below) pursuant to an Indenture (�f Trust, dated as of December 1,
2006 (the "Indenture"), by and between the Authority and the Trustee, and to use the proceeds
of such obligations to (i) acquire the Program Obligations, (ii) fund a debt service reserve fund
for the Bonds and (ii) pay the costs of issuing the Bonds:
(i) Midpeninsula Regional Open Space District Financing Authority 2006
Series A Revenue Refunding Bonds (1996 and 1999 Refinancing Project) (the "Series A
Bonds"); and
(ii) Midpeninsula Regional Open Space District Financing Authority 2006
Taxable Revenue Refunding Bonds, Series B-T (1999 Refinancing Project) (the "Series
B-T Bonds," and together with the Series A Bonds, the "Bonds"); and
WHEREAS, the District will use proceeds of the sale of the Program Obligations to the
Authority to prepay the Prior Program Obligations; and
WHEREAS, the Authority, as owner of the Prior Program Obligations, will use amounts
received from the District as prepayment of the Prior Program Obligations to refund the 1996
Bonds according to the terms of the 1996 Trust Agreement and to refund the 1999 Bonds
according to the terms of the 1999 Trust Agreement; and
-2 -
WHEREAS, the 1996 Current Interest Bonds maturing on or after September 1, 2007
are subject to optional redemption by the Authority on March 1, 2007 and thereafter at a
redemption price equal to the outstanding principal amount of the 1996 Current Interest Bonds
plus accrued interest to March 1, 2007; and
WHEREAS, the 1996 Capital Appreciation Bonds are not subject to optional redemption
prior to their maturity and, therefore, the District will clefease the 1996 Capital Appreciation
Bonds to their maturity date; and
WHEREAS, in order to accomplish the redemption and clefeasance of the 1996 Bonds,
the 1996 Project Lease and the 1996 Promissory Notes, the District and the Authority will enter
into the Agreement Regarding the Redemption, Defeasance and Payment of 1996 Bonds, 1996
Project Lease and 1996 Promissory Notes, dated as of December 1, 2006 (the "1996 Escrow
Agreement"); and
WHEREAS, the 1999 Bonds maturing on or after August 1, 2009 are subject to optional
redemption by the Authority on August 1, 2008 at a redemption price equal to (i) for the 1999
Current Interest Bonds, the sum of the principal amount thereof plus accrued interest to the
redemption date plus a 2% redemption premium and (ii) for the 1999 Capital Appreciation
Bonds, the accreted value thereof to the redemption date plus a 2% redemption premium; and
WHEREAS, because a portion of the 1999 Bonds are not subject to advance refunding
(because that portion was used to advance refund the District's 1987 Promissory Notes), the
advance refunding of that portion of the 1999 Bonds will be funded with proceeds of the Series
B-T Bonds; and
WHEREAS, in order to accomplish the redemption and clefeasance of the 1999 Bonds,
the 1999 Project Lease and the 1999 Promissory Notes, the District and the Authority will enter
into the Agreement Regarding the Redemption, Defeasance and Payment of 1999 Bonds, 1999
Project Lease and 1999 Promissory Notes, dated as of December 1, 2006 (the "1999 Escrow
Agreement"); and
WHEREAS, Stone & Youngberg LLC, as underwriter of the Bonds (the "Underwriter"),
has caused to be prepared a preliminary form of the Official Statement for the Bonds (the
"Official Statement"), which preliminary form is on file with the Secretary;
WHEREAS, the District, with the aid of its staff, has reviewed the Official Statement, and
the District wishes at this time to approve the Official Statement in the public interests of the
District;
WHEREAS, all conditions, things and acts required to exist, to have happened and to
have been performed precedent to and in the issuance of the Program Obligations, as
contemplated by this resolution and the documents referred to herein exist, have happened and
have been performed in due time, form and manner as required by the laws of the State of
California.
NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space
District, as follows:
Section 1. Recitals True and Correct. The District hereby finds and declares that the
- 3 -
above recitals are true and correct.
Section 2. Issuance and Sale of Program Obligations. The District hereby
authorizes and approves the issuance of the Program Obligations to be purchased by the
Authority:
(i) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1996 Project Lease — 1 st issue);
(ii) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1996 Project Lease — 2nd Issue);
(iii) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1996 Promissory Notes);
(iv) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1999 Project Lease — 1 s' issue);
(v) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1999 Project Lease — 2nd Issue); and
(vi) Midpeninsula Regional Open Space District 2006 Refunding Promissory
Notes (1999 Promissory Notes).
The District hereby approves the sale of the Program Obligations on the terms and
conditions set forth in the Program Obligations Indentures and the Authority Indenture (as such
term is defined in the Program Obligations Indentures).
Section 3. Approval of Program Obligations Indentures. The Indentures, one for
each series of Program Obligations and each by and between the District and The Bank of New
York Trust Company, N.A., as trustee (collectively, the "Program Obligations Indentures"), in
the forms presented to this meeting, are hereby approved. The President, the Secretary, the
General Manager and the Controller of the District (the "Designated Officers") are, and each of
them acting alone is, hereby authorized and directed, for and in the name and on behalf of the
District, to execute and deliver the Program Obligations Indentures, and the Secretary is hereby
authorized and directed, for and in the name and on behalf of the District, to attest the
Designated Officer's signature to the Program Obligations Indentures, in said forms, together
with such additions thereto or changes therein as are recommended or approved by the
Designated Officer, upon consultation with Note counsel to the District, including such additions
or changes as are necessary or advisable in accordance with Section 8 hereof; provided that no
additions or changes shall authorize an aggregate principal amount of Program Obligations in
excess of the amounts set forth above, or result in an interest cost on the Program Obligations
in excess of 6% per annum. The approval of such additions or changes shall be conclusively
evidenced by the execution and delivery by a Designated Officer on behalf of the District of the
Program Obligations Indentures. The date, maturity dates, aggregate principal amount, annual
maturity amounts, interest rate or rates, interest payment dates, denominations, form,
registration privileges, manner of execution, place of payment, terms of redemption and other
terms of the Program Obligations shall be as provided in the Program Obligations Indentures,
as finally executed.
Section 4. Approval of Refunding of 1996 Notes, 1999 Notes and Prior Program
Obligations, 1996 Escrow Agreement and 1999 Escrow Agreement. The refunding of the
-4 -
1996 Bonds, the 1999 Bonds and the Prior Program Obligations is hereby approved. The
Designated Officers are, and each of them acting alone is, hereby authorized and directed, for
and in the name of and on behalf of the District, to execute (i) the Agreement Regarding the
Redemption, Defeasance and Payment of 1996 Bonds, 1996 Project Lease and 1996
Promissory Notes in the form on file with the Secretary, together with any changes therein or
additions thereto approved by the Designated Officers, whose execution thereof shall be
conclusive evidence of approval of any such additions and changes, (ii) the Agreement
Regarding the Redemption, Defeasance and Payment of 1999 Bonds, 1999 Project Lease and
1999 Promissory Notes in the form on file with the Secretary, together with any changes
therein or additions thereto approved by the Designated Officers, whose execution thereof shall
be conclusive evidence of approval of any such additions and changes, and (iii) such other
documents as the Designated Officers determine are necessary toeffectuate such refunding.
Section 5. Sale of the 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 0.55% of the aggregate par amount of the
Authority's Bonds) is both reasonable and customary under the prevailing market conditions.
Section 6. Official Statement. The District hereby approves the preliminary Official
Statement describing the Bonds and the Program Obligations, in substantially the form
submitted by the Underwriter and on file with the Secretary. Distribution of the preliminary
Official Statement and the final Official Statement by the Underwriter is hereby approved. The
Designated 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.
Section 7. Municipal Note Insurance and Surety Notes. The Designated Officers,
each acting alone, are hereby authorized and directed to obtain a municipal bond insurance
policy for the Bonds and reserve account surety bonds for the Reserve Fund 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
Bonds and the Program Obligations.
Section 8. Official Action. All actions heretofore taken by the officers and agents of
the District with respect to the preparation of the Official Statement and the Indentures, and the
sale and issuance of the Bonds and the Program Obligations, are hereby approved, confirmed
and ratified, and the proper officers of the District, including the Designated Officers, are hereby
authorized and directed, for and in the name and on behalf of the District, to do any and all
things and take any and all actions and execute and deliver any and all certificates, agreements
and other documents which they, or any of them, may deem necessary or advisable in order to
consummate the lawful issuance and delivery of the Bonds and the Program Obligations in
accordance with this Resolution, including but not limited to those certificates, agreements and
other documents described in the Program Obligations Indentures and the other documents
herein approved, and any certificates, agreements or documents as may be necessary to
further the purpose hereof or provide additional security for the Bonds and the Program
Obligations, but which shall not create any obligation or liability of the District other than with
respect to the limited tax revenues pledged as security for the Program Obligations in the
Program Obligations Indentures and assets derived from the proceeds of the Program
Obligations,
- 5 -
Section 9. Approval of Professional Service Agreements. The District hereby
approves the form of the professional services agreements on file with the Secretary with
respect to the services of Jones Hall, A Professional Law Corporation as bond counsel and
Nixon Peabody, as disclosure counsel. The General Manager is hereby authorized and
directed to execute the agreements on behalf of the District with such changes, additions or
deletions as may be approved by the General Manager.
Section 10. Effective Date. This resolution shall take effect from and after the date of
approval and adoption thereof.
The foregoing resolution was passed and adopted by the Midpeninsula Regional Open
Space District at a regular meeting held on the 15th day of November, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
President, Board of Directors
(S E A L)
Attest:
By:
District Clerk
-6-
50014-01 Execution Version
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
by and between the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
and the
COUNTY OF SANTA CLARA
Dated November 15, 2006
(MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY)
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FINANCING AUTHORITY
THIS FIRST AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT (this
"First Amendment") is dated as of November 15, 2006 (the "Effective Date"), by and between
'
the Midpeninsula Regional Open Space District (the "District') and the County of Santa Clara
(the "County," and together with the District, the "Members"), each duly organized and
existing under the laws of the State of California.
WITNESSETH:
WHEREAS, the Members previously entered into a joint Exercise of Powers Agreement
dated as of May 1, 1996 (the and, as amended by this First Amendment,
the "Agreement") pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the
State of California (the "Law"); and
WHEREAS, Section 3 of the Original Agreement generally provides for termination of
the Original Agreement on June 30, 2036 unless earlier terminated by written agreement of the
District and the County; and
WHEREAS, Section 16 of the Original Agreement provides that the Original Agreement
may be amended by an amendatory agreement executed by the District and the County at any
time; and
WHEREAS, Section 6510 of the Law provides that a joint exercise of powers agreement
may be continued for a definite term or until rescinded or terminated; and
WHEREAS, the County and the District wish to execute this First Amendment for the
purpose of eliminating the June 30, 2036 termination date set forth in Section 3 of the Original
Agreement; and
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the Members do hereby agree to amend the Original Agreement as follows:
AMENDMENT
Section 1. Definitions. Unless the context otherwise requires, the words and terms used
in this First Amendment shall have the meanings specified in the Original Agreement.
Section 2. Amendment and Restatement. Section 3 of the Original Agreement is hereby
amended and restated as follows:
"This Agreement shall become effective as of the date hereof and shall continue
in full force and effect until terminated by official action of the governing body
of either the County or the District and no sooner than 60 days from when notice
of intent to terminate the Agreement was provided to the other party; provided,
however, that this Agreement shall not be terminated so long as any installment
or rental payments are due by either the District or the County to the Authority
under any purchase or lease of any real or personal property from the Authority
to the District and/or the County, or while any amounts remain payable by the
District or the County to the Authority under any bond or promissory note
issued by the District or the County (as applicable), or while any bonds or other
obligations of the Authority are outstanding.
Section 3. Effect; Conflict. Except as set forth in Section 2 of this First Amendment, the
Original Agreement shall remain in full force and effect. In the event of any conflict between
the provisions of the Original Agreement and this First Amendment, the provisions of this First
Amendment shall govern.
Section 4. Notice Under the Law. Immediately upon execution hereof, and in any case
within 30 days after the effective date hereof, the Members shall cause the notice described in
Section 6503.5 of the Law to be prepared and filed with the office of the Secretary of State. Such
notice shall describe this First Amendment.
Section 5. Law Governing. This First Amendment is made in the State of California
under the constitution and laws of the State of California, and is to be so construed.
Section 6. Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and
the same agreement.
-2-
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by their proper officers thereunto duly authorized and their official seals to be
hereto affixed, on the day and year set opposite the name of each of the parties.
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
By:
President of the Board of Directors
Date of Execution: 2006
[SEAL]
ATTEST:
District Clerk
COUNTY OF SANTA CLARA
By:
James T. Beall,Jr.,Chair
Board of Supervisors
Date of Execution: 2006
[SEAL]
ATTEST:
Phyllis A. Perez,Clerk of the Board of
Supervisors
APPROVED AS TO FORM AND
LEGALITY:
Lizanne Reynolds, Deputy County Counsel
-3-
'
. /
Regional Open Space
MU0PEN|N80LA REGIONAL OPEN SPACE DISTRICT
&-06'|3D
Meeting 06-27
November |5, 20O6
AGENDA ITEM �
^°v�^�^.�^�� � " ��^," =
AGENDADTEM
Proposed Purchase of an Undivided Eighty-One and One Quarter Interest(81.25%) from tile Real Estate �
Trust at Community Foundation Silicon Valley and Acceptance ofa Gift of an Undivided Eighteen and
Thn:n-Quarters Interest(lQ.75%) from Riohun|T. Peery Separate Property Trust, o/oL of Assessor's Parcel
Nunmbem067-37O'OlO andO67J|O830 (^^fb Peery" P ),, in Unincorporated S nK4ateo[ounty,
/\ppn`sinnu1e|y One Mile North of Irish RidgeRedwoods Open �
Space Preserve �
GENERAL MANAGER'S RECKDM2��������N�—
|. Determine that the vcconmrnendcd actions are ccteQoduu||y exempt from the California Envin`nrnun1u| �
Quality Act(CEL)&)aa set out in this Report. �
2. Adopt the attached Resolution authorizing purchase of an Undivided Eighty-One and One Quarter
Interest(8|.25%) from tile Rcu| Estate Trust mtCommunity Foundation Silicon Valley in the former �
Peery property.
3. Adopt the attached Resolution accepting the gift nfan Undivided Eighteen and Three Quarters
� Interest(|0.7596) �ono /�iuhandT� Peery Separate Prnpe�y1[ruat, u/ot n
intb� bznncrPccr� pn`p� y. �
�
� 4. Adopt the Preliminary Use and Management Plan recommendations contained in this Report and
� name the property umun addition to PuhmimaCnrek Redwoods Open Space Preserve.
� 5. Indicate your intention io dedicate the property um public open space.
DISCUSSION �
6i
Th� ���2'aoncoucutpvop�d�, |ooat�dm6u�cnt�o �uriaimuCrc�kR�dv/oodxL)pcn �puu� Prco�rv�, isth� 1
� -' ��' �
� fifth property k` bm considered for purchase within the Couatoide Protection Area,un area that was annexed '
intn{h� Dia*,ic1boundaricmin2OO4 As �
� � �
� for the San Mateo Coastal Annexation Area and a Final Environmental Impact Report that was approved bv �
i tile Board of Directors ooJune 6, 2003. /\n annexation application was their submitted tothe San Mateo
Local Agency Formation Commission (LAFCo)and approved oil April 7, 2004. The[oumtnideProtection �
Area, uu �hcunncxoUi*ounou im,�t�ncd {o includes lands in western portion of ��m/�o<�ount� lying
, �
from south of the City of Pacifica—gencrally between Skyline Boulevard and the Pacific Occan—to the Santa �
� Cruz County line.
As part of the annexation process, the Service Plan, and subsequent conditions approved by LAFCo,
established a number of policies and procedures for conducting the Coastside Protection Program. Although �
the District would bc authorized topurchase the subject property even if the Coastoide Protection Program �
had not been approved, that program now guides the District's purchase, use, and management of open space
land within the Coamtoidc Protection Area. The proposed purchase of the property described in this Report, �
and the accompanying Preliminary Use and Management Plan, are consistent with the policies and procedures
�
contained in the Coaatyide Protection Program. The following Report presents a description oy the subject �
�
property, future planning coils iderations, a Preliminary Use and Management Plan, and environmental review
n[the project.
2
R-06'138 Page
^
Due to the remote location and difficult access 0mthe project site,the parcel size, the steep and kvem*x] nature
of the site,the fact that itis mostly yuonundedhvcxiniioADiatrict |aud and within the District's original
Sphere of Influence boundary, and the lack of existing or potential agricultural land use,the proposed land �
purchase has been determined iohavea |cve| ofmigniDcanoe1hatv/ou|dnotrequioc, orhenebthnm, unon-
site Real Property Committee meeting or a Board of Directors' meeting held in the coastside area. District �
staff has consulted with government officials and agencies, as required by the Service Plan; has consulted �
with the Farm Bureau; and, as part of the process of obtaining a determination of General Plan conformity,
has presented the project to the San Mateo County Agricultural Advisory Committee for its input. Therefore,
there has been an effective consultation process in addition to tonight's public meeting, for which broad
public notice was given iu accordance with the Service Plan(see Public Notification section of this Flmport). �
�
In July 1999, grant funds in the amount of$32j,O0U were awarded tmthe District from the State Habitat
Conservation Fund Program to ueyiu1 in purchasing the property. Under the tcnns of tile grant contract, tbe
District had five years to complete the project, bu1due to difficulties incomp|cdng negotiations ofoPurchase
Agreement with the property owner, three one-year legislative extensions were requested and obtained,
extending the grant deadline toJuly 2007.
DESCRIPTION (see attached map)
The property consists of two rectangular parcels that are almost entirely surrounded by Purisima Creek
| Redwoods Open Space Preserve. These parcels extend south and west from the top of Bald Knob between
� Irish Ridge and LobitooCreek. The Lipper end ofLobiiow Creek, aytoe|bcmd spawning area, forms the
i northern and western boundaries of the property. Irish Ridge, the scenic open ridge|ino that ia the property's �
� dorninant feature, forms the eastern boundary, and offers panorarnic views of the coast and surrounding
� hillsides. Three ridges separated by narrow canyons extend west frorn Irish Ridge, sloping steeply down to
the creek. Th�kwo poroo|suoz |o�,8cd in ridges. The uur�e) Unn�o �
� �
� on Lobi\om Creek; the lower parcel (|5 acres) includes part ofu tributary io LobituaCrmek.
�
� Only four miles from the coast, the upper Lobitos Creek property lies in the coastal fog belt. The
� combination of abundant moisture and rugged terrain has produced exceptionally diverse plant communities. �
� A series of meadows along the ridgetop is bordered by a rnix of Douglas fir forest, mixed evergreen forest,
� and coastal scrub, with redwood forest and riparian forest lower down. Both parcels were selectively logged
in |VA3, but have been left alone since then and are regenerating well. Many young redwood and Douglas fir �
� are m�udo`va� & 5cvv large first-growth trees ad|| rcxouin�
� �
This mix of plant communities provides prime deer and mountain lion habitat, and uhonne for u variety o[ �
wildlife. Mountain lions have been reported in the vicinity. Other common nmmmmo|m in the vicinity include
�
�
� raccoon, opossum, western gray squirrel, dLisky-footed wood rat, cottontail, black-tailed jackrabbit.coyote,
� gray fox, bobcat, and striped skunk. Specks of Special Concern seen on the property include hawk,
sharp-shinned hawk, golden eagle, osprey, long-eared owl, and Western pond turtle.
iohi{usC000k ism small perennial stream flowing directly tothe Pacific Ocean. Lnuu|od in vmwi'centrx| San 1
� Mateo County between Purisima Creek and Tunitas Creek, it Is all historic steelhead stream. Beginning high �
on the west-facing slopes of Bald Knob, Lobitos Creek first flows steeply down, forming the western
boundaries of the larger parcel, it continues oil through more moderately sloped hills and then winds its way
� through the gently rolling hills used for grazing and fbnn land before it empties into the sea. Lubitoa[ruek
� has many pools with overhanging banks, prime habitat for*teu|hcad. The upper part of the creek is
undisturbed; dense vegetation, including |uc�� ma�urc�|d�r�rucy lines �hc atrcuou bunko Springs keep
� , ` , �
Lohi(my Creek flowing strong and clear throughout the summer months. Protection ofthe steep upper �
!
watershed ie critical u`the health and survival of the mkee|heod population. It is especially important to
� minimize erosion and turbidity, which would greatly increase i[the parcels were omhc k»gucd again. l
� Purchasing the two remaining parcels, both of which could otherwise be developed and/or logged, will ensure ]
this protection. A tributary to Lobitos Creek,the East Fork, flows through the smaller parcel. |
i
�
�
� �
` R'06-138 Page
The District owns and manages the upper Lobitos area surrounding the parcels as part of Purisima Creek �
Redwoods Open Space Preserve. The Bald Knob Trail, a connecting trail from Purisinouho tile property
around the South side of Bald Knob, io open to the public. Additional trails have been cleared nn the ridges
where old logging roads intersect the Irish Ridge trail. The Bald KnobTrui| provides tile only public access
to the area, offering scenic and relatively gentle route{n Irish Ridge. Irish Ridge Noad, is u private road
used by the District for patrol access; neighbors also used this road \o hike or ride their horses into the
Preserve.
[ohitos Creek Trail is the southernmost trail extending from Irish Ridge Trail tou ridge overlooking Lohitom
Creek. A short spur from this trail ends at a fon-ner logging landing overlooking the smaller parcel. The
L*bitmm Creek Trail ends before it enters the larger parcel. None ofthe trails go down all the way toLobi1os
Creek. The banks of Lobitos Creek are densely forested and appear to be little visited. Leaving the creek in
its present inaccessible condition will best protect the fish and wiN|i[�.
USE AND MANAGEMENT
Planning Considerations �
The property is located within the unincorporated area of San Mateo County and outside tile Coastal Zone.
the upper parcel im zoned TPZ-CZ[)(Timber Preserve Zone-Coastal Zone Dimiziot). Tile lower parcel (|5
acres) im zoned RK4'CZD(Resource Management-Coastal Zone Dimtrici). Purchase of the property has been
� determined by the San Mateo County Planning Commission tu be in conformity with the San Mateo County
�
� General Plan. The property is comprised of two legal parcels and has a potential density of two residential
� sites. Development of the property for residential purposes would be difficult due to the remote location and
� steep K`rua/cd slopes.
The District's 1098 Regional Open Space Study shows u pmicndm| regional trail connection in the vicinity of
the property that would connect Purisima Creek Redwoods Open Space Preserve t* lands oy POST located oil
the opposite side ofLobitos Creek. Although the property's steep and [brcmtcd slopes are not suitable for
developing trails in the future, the property would fhnn an important part of the scenic corridor for u regional
trail that could potentially pass nearby in the future.
The proposed Preliminary Use and Management Plan described below will remain in effect until a Final Use
and Management Plan is adopted. Within the[oustmidc Protection Area, the pvmocas for developing u Final
� Use and Management Plan involves conducting more detailed resource inventories to be used in formulating
resource-nnunugenuuntand public-access plans; consultation with interested government officials, agencies
and organizations; and un extensive public input process. kie unlikely that, ua part of the Final Plan, the
existing public trails nn the adjacent Preserve would be extended to include trails oil the subject property. �
However, a final d t tregarding r the property would oe made u* part o/ developing the
Final Use and Management Plan.
The Coastside Protection Program requires that when land purchased by the District includes an existing
agricultural use, has prime agricultural soil, or is adjacent to lands in agricultural production, an Agricultural
Production Plan will be developed as part of the Final Use and Management Plan. According to the GIS
..,~-~~- for__ Mateo County_ (updated -' _ ' and the California .
artment of Conservation's Farmland
Mapping and Monitoring Program (FMMP),the property is not suited to the cultivation of agricultural crops.
� The property m not classified uo Prime Agricultural Land, Unique Farmland, or Farmlands ". Statewide
R-06-138 Page
PRELIMINARY USE AND MANAGEMENT PLAN
This Preliminary Use and Management Plan will take effect upon the close of escrow, and remain effective
until a Final Use and Management Plan for the property imdeveloped. The Preliminary Use and Management
Plan represents a status quo approach to management and includes securing, posting, and patrolling the
property. In the future, a Final Use and Management Plan will be developed, including more detailed
evaluation of resource-management and public-access issues. The Final Plan will be subject to public input
and further environmental assessment in accordance with the Coastside Protection Program and to ensure that
land use decisions are consistent with ecological values. The property would be maintained in natural |
�
condition.
Public Access: Closed \o public recreational access. Natural resources and abandoned logging ruudsond
trails will bu assessed todetermine if the property will be open om public use msuFinal Use and Management
Plan iadeveloped.
Signs: Install "Closed Area" signs and boundary plaques where appropriate.
Roads and Trails: Further assess abandoned logging roads and trails to determine if restoration or
reinstatement is desirable under Final Use and Management Plan.
|
8unicrm: Existing gate on Irish Ridge Road prevents vehicular trespass. |
� Patrol: Regularly pu1n»| the property on foot aanecessary.
Resource Management: Conduct a detailed resource inventory as part of the process of developing a Final
� Use and Management Plan. �
/
Fuel Management: Conduct current District-wide fuel management practices; consult with San Mateo
County and the California Department of Forestry and Fire Protection (CDF) in developing a site-specific fuel
modification and management program as part of the process of developing a Final Use and Management
� Plan.
� Name: Name the property u*un addition toPurisinmu Creek Redwoods Open Space Preserve.
Service Plan: Maintain the property in conformity with the provisions of the Service Plan for the Couyisidc
Protection Program.
Dedication: Indicate your intention to dedicate the property aspublic open epooc.
� Site Safety Inspection: An initial investigation was completed, and no site oukzt ' problems were identified.
� The property is not listed oil any |ouu|, state, orfederal list usu hazardous materials site.
� CEQA COMPLIANCE
Project 8�emox�p�wn �
The
project conmistsofDiNriu1puvohu*in&[he53.2'ucropropertiemammnuddiduntoPuhmimaCreek |
Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan For
the addition. The plan provides for posting signs, and securing and patrolling the property. The property will
� be included inthe Final Use and Management Plan for Purisima Creek Redwoods Open Space Preserve. The
� land will be permanently preserved am open space. Although closed to the public during the planning process,
� the property may ultimately he open to low-intensity recreational use, assuming that the planning process
does not reveal significant impediments tm such use.
|
CEQA Determination
A site-specific environmental evaluation has been completed concerning the resources on this property and
how the resources could be affected if the property were purchased and opened to the public. |n addition,the
' K-06-130 Page
property is substantially similar u`the lands evaluated in the Program Environmental \nupuc1 Reoort(E|B) for
the Coastal Annexation Area, and the environmental effects of District ownership and management are
determined to he consistent with the potential effects described in the [\R. The District concludes that this
project will not have a significant effect on the environment. |\ im categorically exempt from CE()A
�
(California Environmental Quality Act) under Sections |53|6, |5]|7, \5325, and |506| o[the CE0A �
Guidelines ayfollows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and �
the munagement plan proposes 10 keep the area ino natural condition. The Preliminary Use and Management �
Plan specifies that the land will not be developed and will remain in a natural condition.
Section 153 17 exempts the acceptance of fee interests in order to maintain the open space character ofan
area. The District will purchase fee interest and maintain the open space character wf the area. No new
development im proposed ay part of this project.
Section 15325 exempts transfers of ownership a[interests in land in order io preserve open space. This
purchase will transfer fee ownership of the property to the District and ensure it will be preserved as public
open space by incorporating it into the Purisirna Creek Redwoods Open Space Preserve.
This acquisition is categorically exempt from CEQA Linder three sections of the CEQA Guidelines. The
actions proposed inthe Preliminary Use and Management Plan are also exempt under Section \5O6l, aathere
iann possibility the actions may have n significant effect onthe environment.
TERMS AND CONDITIONS
The subject property consists of two separate parcels totaling 53.2 uo,co. Ownership of the property is held |
by the Community Foundation of Silicon Valley as to all undivided 81.25% interest, and by the Peery Trust ct |
m|. as to the remaining 18.75% interest. Tile properties have a combined fair market appraised value of
$800,000. The proposed transaction consists of the District purchasing the 8l25% interest from the
Community Foundation for$65O,UO0onanall uomb basis. The remaining ]8.7596owned by the Peery Trust
et al. is being gifted to the District and represents ugift value of$150"000. ln other words,the 100Y6
ownership interest inthese two parcels ia being purchased for$65O,0OO with a gift component of$150,000.
� The District successfully obtained u $325,000 grant from the State Habitat Conservation Fund towards the �
� purchase of the subject property. The criteria uf the Habitat Conservation Fund grant program requires ulocal
matching financial contribution. This match can he provided by either cash funding or the equal orgreater �
value ofm gift o[land. 1[o complete this grant project,\he District will provide $325,000 in cash and receive �
� i0of land valued a1$|5O
� O0O [brthc �rantmu�chin�rmquir�m�n�� The �
� ` �
� 6m||y reinnburmed by the Habitat Conservation Fund after the close of escrow.
� Staff has conducted due diligence investigations and inspections of the property. Staff has reviewed all o[
� San Mateo County's property records and files, and is satisfied that no underground storage tanks,
|
contamination nr hazardous conditions or materials exist on the property. �
�
BUDGET CONSIDERATIONS
| 2OUh'2O07 Budget for New Land Purchases
New Land S\9755 120
New Land Purchased this vear (7,560,974)
Community Foundation at Silicon Valley Property (650MO)
New Land Purchase Budget Remaining $11,544,146
Controller M. Foster was consulted on this proposed purchase d has indicated that, considering cash flow
and account balances, funds are available for this property purchase.
R-06-130 Page
Current Cwmmtside Protection Area Fiscal Considerations
The 53.2'oure property is located in the Comstside Protection Area and is subject to the A/reomox/ BeAwccx
.�ou Mateo County and the MidIwm/xxu/o Regional())en�boreDistrict Fire&,rr/ceN. Am part of
� the County Fire Agreement, the District will pay to San Mateo County Fire Department annual fees for fire
� services that are not currently provided with the State Responsibility Area o[CDF. The Fire Services Fee
�
� covering both parcels will be $28.34 based upon tile pro rata share of the assessed value for this portion of the
subject property. The fire services fee will increase 2 % annually. With tile purchase of this property,the
District will owvu993.4| acres within the Couotmide Protection Area. When the District owns l,OOOucocn in
the Coastside Protection Area, the District will make a one-time payment of$50,000 to the County to be
applied \o the purchase ofu four-wheel drive fire engine, which will bo used by tile County io provide, inpart, �
Onr'pro1eodmo services to District-owned and District-managed lands in the Coa/tmide Protection Area.
Fhe property is not located in the La Honda-Pescadero School District, and therefore no fees will be payable
under the Agreement between the District and the School District. �
Staff has analyzed the conditions of the site and financial considerations associated with tile proposed
purchase and subsequent management of the property to ascertain whether the District has sufficient resources
to sustain the project. ThcCoue1aide Protection Program includes uFimcu| Analysis conducted by Economics �
Research Associates confioning the feasibility ofimplementing that Program. The proposed purchase, �
Preliminary Use and Management Plan, and expected long-term management strategy are consistent with the �
� Conatmide Protection Program. The site assessment indicates that management costs associated with the �
� proposed purchase are expected tobe consistent with those projected in \heFioco| &nu!ymimund8ueiu8ervice �
Plan. Staff has reviewed the revenue and other cost projections inthe Fiscal Analysis and concluded that
there have been no changes since the analysis was prepared that would affect its conclusions. Staff has
� fu�hcrrcvi�wcdth��sp�ct�dmmnu��xmcn�oom|sin |i�hto[th� Diwirict`eopomatin�cup�ns�oundContoo||�r`m �
� �
� estimated tax revenue and cash flow projections/orthccunentGmon| yeurund [orthunc»otenycao. Based
oil this analysis, staff concludes that purchasing and managing this property will not result in any significant �
impact to the District's existing services. �
Furthermore, staff has assessed the costs associated with this project and compared them tothe Controller's
� ten-year projections nfcuybOov/, pn`penytaxrevunue, undopentingcxpenaes. Using the assumptions
established in the Basic Service Plan and Fiscal Analysis for staffing needs and land management expenses,
staff determined that the District has the resources to sustain this project over the long term.
Public Notification �
Written notices of District's proposed purchase of this property and about this Board meeting have been �
� mailed to property owners of land located adjacent to or surrounding the subject property, coastside public �
officials, coinmunity-interest groups, non-profit land trusts, conservation-oriented organizations, elected
� mOhciu|m, �ovcnmnnrutuAcnci�aand �ovecnnncnt-aponuormdor�unizadonawithin the[oaotmideProtection
� �
Area. Due 1n the property's remote location and very difficult access, an on-site public workshop was not �
held at the property.
� Prepared by: �
� Del Woods, Senior Real Property Planner
` Miuhoe| C. Williams, Real Property Manager
� Maps prepared by:
Stella Couyiny, Planner I �
. �
Contact person: �
/ K4i�huo| C Williams, co| �
| C. rvnpcoynommw��,
�
i
^ RESOLUTION ��
� __ �
| �
| RESOLUTION OF THE BOARD OF DIRECTORS 0F �
� 7W{DPENINBULA REGIONAL OPEN SPACE DISTRICT �
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND
/kNT8ORlZIY4Q GENERAL MANA{]ERTO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY OR APPROPRIATE TUCLOSING
0FT8ETN/\NS&CTlON (PURlSl[N/\ CREEK REDWOODS OPEN
SPACE PRESERVE LANDS O} REAL ESTATE TRUST&? |
COMMUNITY FOUNDATION SILICON VALLEY)
The Board mf Directors ofM4idpcninau|u Regional Open Space District does resolve asfollows:
Section One. The Board of Directors of MidpeninSLila Regional Open Space District does hereby accept !
the offer contained in that certain Purchase Agreement between thc &cu| Estate Trust at Community
� Foundation Silicon Valley, a California non-prOfit, public benefit corporation and MidpeninSUla Regional
� Open Space District, aCa|i[ornia public agency, acopy of which is attached hereto and by reference �
made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on
| behalf of the District.
�
Section Two. The General Manager, President of tile Board uf Directors, or other appropriate officer iy �
authorized om execute u Certificate of Acceptance on behalf o[the District. `
�
� Section Three. The (]cnuru| Manager of the District or the General Manager's designee shall cause to be �
given appropriate notice wf acceptance to the seller and to extend escrow ifnecessary. The General
� Manager and General Counsel are further authorized to approve any technical revisions to the attached
� Agreement and other transactional documents which do not involve any material change to any term of
the Agreement or other transactional documents which are necessary nr appropriate to the closing or
implementation o[this transaction.
�
� Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost �
� of title insurance, cmun`vv fees, and other miscellaneous costs vc|m\ed to this transaction.
�
� Section Five. \tim intended, reasonably expected, and hereby authorized that the District's general fund
� will be reimbursed in the amount of$800,000 from the proceeds of the next long-term District note issue.
This Section of this Resolution is adopted by the Board ot'Directors ofMidpeninsula Regional Open �
� Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 �
|
of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the .
District's budgetary and Financial circumstances. There are no funds ur sources o[moneys of the District �
� that have been, or are reasonably expected to he, reserved or allocated on m long-term basis orotherwise
| set aside to pay the costs of this open space |umd puvubumc project, which are to be paid or reimbursed out
� of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the
� District's official intent to use proceeds of indebtedness t* reimburse itself for this open space land |
� purchase project espondiiure. |
�
|
�
|
RESOLUTION NO. 06-_
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING
EXECUTION OF CERTIFICATE OF ACCEPTANCE
WITH RESPECT THERETO(PURISIMA CREEK REDWOODS OPEN
SPACE PRESERVE—LANDS OF PEERY TRUST ET AL.)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby accept, with gratitude, the gift of real property from Richard T. Peery,as Trustee Linder the Trust
Agreement dated July 20, 1977(Richard T. Peery Separate Property Trust)as amended, and Nancy
Marriott, as attached hereto and by this reference made a part hereof.
Section Two. The General Manager or President of the Board or other appropriate officer is
authorized to execute a Certificate of Acceptance for said Gift Deed conveying the title to the property
interest being donated to the District.
Section Three. The General Manager of the District or the General Manager's designee shall
cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager is
further authorized to execute any and all other docurnents necessary to the closing of this transaction.
Community Foundation of Silicon Valley acid Peery Trust
Addition to Purisima Creek Redwoods Open Space Preserve
o _
Purisima Crek Redwoods'?;
Open Space.Preserv.J ►��
f.
i f
R
Community Foundation- Peery Trust
J Approximately 38 Acres Bald Knob
Area
/
f /
r
Community Foundation- Peery Trust
Approximately 15 Acres e + a a
Elku���4-=f-i'*"" SON
U fJ e
� r a
u ' a Cre
h
� 1v
0
0 0.25 0.5 1
Area Map I
MILES
Purchase Agreement Page I
PURCHASE AGREEMENT
This Purchase Agreement (hereinafter called "Agreement") is made and entered into by and
between the Real Estate Trust at Community Foundation Silicon Valley, a California nonprofit
public benefit Corporation, as to an undivided 81.25 percent interest (hereinafter called "Seller")
and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed
pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code,
(hereinafter called "District").
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space and
recreational value, located within an unincorporated area of the County of San Mateo, and being
more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive conveyances of
real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic
and open space purposes; and
WHEREAS, District desires to purchase said property for open space preservation and
as part of the ecological, recreational, agricultural and aesthetic resources of the midpeninsula
area; and
WHEREAS, Seller wishes to sell and convey 100% of its 81.25% undivided interest in
said property to District on an "As Is Basis", and District wishes to purchase said property upon
the terms and conditions set forth herein.
WHEREAS, Seller wishes to sell and convey said property to District, and District wishes
to purchase said property upon the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase
from Seller, Seller's undivided 81.25 percent fee title interest in the real property located within
an unincorporated area of the County of San Mateo, State of California, containing
approximately fifty three and two tenths acres (53.20 acres), more or less, and commonly referred
to as San Mateo County Assessor's Parcel Numbers 067-370-010 and 067-370-030. Said
property is further described in the Legal Description attached to Preliminary Report Number
from Old Republic Title Company. A copy of said Preliminary Report
is attached hereto as Exhibit "A", and is incorporated herein by this reference. Said property is to
be conveyed together with any easements, rights of way, or rights of use which may be
appurtenant or attributable to the aforesaid lands, and any and all improvements attached or
affixed thereto. Seller's undivided 81.25 percent interest in said real property and appurtenances
shall hereinafter be called the "Subject Property" or the "Property."
Purchase Agreement Page 2
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
Six Hundred Fifty Thousand and No/100 Dollars ($650,000.00), which shall be paid in cash at
the "Closing" as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section I I-
herein, an escrow shall be opened at Old Republic Title Company, 796 El Camino Real, Suite B,
San Carlos, CA 94070 (650) 591-6782 (Escrow number ) or other title
company acceptable to District and Seller(hereinafter "Escrow Holder")through which the
purchase and sale of the Property shall be consummated. A fully executed copy of this
Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow
Holder; provided that the parties shall execute such additional supplementary or customary
escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended
or supplemented by explicit additional escrow instructions signed by the parties, but the printed
portion of such escrow instructions shall not supersede any inconsistent provisions contained
herein. Escrow 1-lolder is hereby appointed and instructed to deliver, pursuant to the terms of this
Agreement, the documents and monies to be deposited into the escrow as herein provided, with
the following terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before
November 30, 2006; provided, however, that the parties may, by written agreement, extend the
time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow
Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County
Recorder of San Mateo County.
B. Seller and District shall, during the escrow period, execute any and all documents
and perform any and all acts reasonably necessary or appropriate to consummate the purchase
and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing:
(i) An executed and recordable Grant Deed, covering its 81.25 percent fee title
interest in Parcels 1, 2 and 4 as described in said Exhibit "A."
(ii) An executed and recordable Quitclaim Deed, covering Parcel 3 as described in
said Exhibit "A."
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificates of Acceptance for the Grant and Quitclaim Deeds,
duly executed by District and to be dated as of the Closing.
(ii) District's check payable to Escrow Holder in the amount of Six Hundred
Forty Thousand and No/100 Dollars ($640,000.00), which is the balance of the Purchase Price of
Six Hundred Fifty Thousand and No/I 00 ($650,000.00) Dollars as specified in Section 2. The
balance of$10,000.00 is paid into escrow in accordance with Section 11 of this Agreement.
Purchase Agreement Page 3
E. District shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if
required by District, and all recording costs and fees, and other closing costs. All current
property taxes on the Property shall be pro-rated through escrow between District and Seller as of
the Closing based upon the latest available tax information using the customary escrow
procedures.
F. Seller shall cause Old Republic Title Company, or other title company acceptable
to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard
Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$650,000 for
the Property showing title to the Property vested in fee simple in District, subject only to:
(i) Current real property taxes.
(ii) Title exceptions as listed in said Preliminary Report Number dated
2006 (Exhibit A), and any claim to any right, title, or interest in the Property
recorded in the public records.
(iii) Such additional title exceptions as may be approved in writing by District
prior to the Closing as determined by District in its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed, Quitclaim Deed, and attendant Certificates of
Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the
Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the
Subject Property (less Seller's portion of the expenses described in Section 3.E.), and to District
or Seller, as the case may be, all other documents or instruments which are to be delivered to
them. In the event the escrow terminates as provided herein, Escrow Holder shall return all
monies, documents or other things of value deposited in the escrow to the party depositing the
same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, District shall be liable to Escrow Holder for payment of its title and
escrow cancellation charges, and each party expressly reserves any other rights and remedies
which it may have against any other party by reason of a wrongful termination or failure to close
escrow as provided for in this Agreement.
S. Seller's Representations and Warranties. For the purpose of consummating the sale
and purchase of the Property in accordance herewith, Seller, to the best of Seller's knowledge,
makes the following representations and warranties to District, which shall survive close of
escrow, each of which is material and is being relied upon by District:
Authority. Seller has the full right, power and authority to enter into this Agreement and to
perform the transactions contemplated hereunder.
Purchase Agreement Page 4
6. Integrity of Property. Except as otherwise provided herein or by express written
permission granted by District, Seller shall not, between the time of Seller's execution hereof and
the close of escrow, cause or allow any physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other earthmoving activities, cutting or
removing trees, shrubs, brush or other vegetation, and darnaging or demolition of improvements
or structures on the Property.
7. As-Is Purchase and Sale. This sale is made without representation or warranty by
Seller, except as expressly set forth in this Agreement. District represents, warrants,
acknowled es and agrees that it has had full and ample opportunity prior to the execution of this
9
Agreement to investigate the Property including, but not limited to, the size or acreage, boundary
line locations, hazardous waste that may be on the property or hazardous waste condition, the
physical condition thereof, the presence, absence or condition of improvements thereon; and that
District shall purchase the Property AS-IS WITH ALI, FAULTS, and District accepts the
Property in its "As-Is" condition as a material consideration of District's purchase of the Property
from Seller at the agreed upon Purchase Price.
8. Indemnity. Upon and after the Close of Escrow, District agrees to indemnify, defend
and held the Seller harmless from and against any and all Environmental Claims asserted against
the Property that may arise at any time in connection with or that in any way are related to (i) any
handling of any waste materials or hazardous materials, (ii) any compliance or non-compliance
with federal state or local environmental laws regarding any waste materials, (iii) any acts,
omissions, services or other conduct related to any of the foregoing items (i) or(ii) inclusive, in
each case referring to such items located on, beneath, from or about the Property. This indemnity
also extends to any other condition, activity or other matter respecting the Property that is not
addressed by any of the foregoing items (i)-(iii) inclusive and that is related to pollution,
hazardous materials, toxics or protection of the environment. "Environmental Claims" means
any and all claims, suits, proceedings, actions, causes of action, demands, liabilities, losses,
obligations, orders, requirements or restrictions or directives of any governmental entity, liens,
penalties, fines, charges, debts, damages, costs and expenses of every kind and nature, whether
now known or unknown, whether foreseeable or unforeseeable, under any federal, state or local
law.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42
U.S.C. 4601 etseq.), and the California Relocation Assistance Act, Government Code Section
7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may
have to any relocation assistance, benefits, procedures, or policies as provided in said laws or
regulations adopted there under and to any other compensation, except as provided in this
Agreement. Seller has been advised as to the extent and availability of such benefits, procedures,
notice periods, and assistance, and freely and knowingly waives such claims, rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property, as
provided for by said Federal Law and any similar California Law.
`Purchase Agreement Page 5
10. Miscellaneous Provisions.
A. Access for Investigations. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing and evaluating the same; provided,
however, that District may not perform any work on the Property without Seller's prior written
consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give Seller at least 24 hours' prior notice of each proposed entry by District. District shall
indemnify, protect, defend and hold Seller free and harmless from and against any and all claims,
actions, causes of action, suits, proceedings, costs, expenses (including, without limitation,
reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of
District Parties while upon the Property prior to the Closing District's inspections shall be at
District's sole expense. District shall repair any damage to the Property that may be caused by
the District Parties while on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California, regardless of any
choice of law principles, shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties.
C. Attorneys' Fees. If either party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action, proceeding or arbitration instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action or
proceeding shall be entitled to recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court, or arbitrator, in the case of arbitration, whether or
not such action, proceeding or arbitration goes to final judgment. In the event of a settlement or
final judgment in which neither party is awarded all of the relief prayed for, each party shall bear
its own expenses and attorneys' fees.
D. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may in writing:
(i) Extend the time for the performance of any of the obligations of the other
party.
(ii) Waive any inaccuracies in representations and warranties made by the other
party contained in this Agreement or in any documents delivered pursuant hereto.
(iii) Waive compliance by the other party with any of the covenants contained in
this Agreement or the performance of any obligations of the other party.
(iv) Waive the fulfillment of any condition that is precedent to the performance
by such party of any of its obligations under this Agreement. The General Manager is authorized
to agree to an extension of the time for the performance of any obligations on the part of District,
but not for Seller, pursuant to this Agreement, and to take any actions and execute any documents
necessary or appropriate to closing escrow and completing this conveyance, including execution
of any documents which may allow Seller to accomplish a tax deferred exchange of property as
Purchase Agreement Page 6
permitted by law; provided, however that the District shall not take title to any third party
property other than the Subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
E. Rights Cumulative. Each and all of the various rights, powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event of the breach of any of the
terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall
neither constitute the exclusive election thereof nor the waiver of any other right, power or
remedy available to such party.
F. Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or it'delivered by Federal Express or
other private messenger, courier or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as
follows:
Seller: ATTN: Real Estate Trust at Community
Foundation Silicon Valley
60 S. Market St., Suite 1000
San Jose, CA 95128
Telephone: (408) 278-2266
FAX: (408) 278-0280
District: Mid peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
Telephone: (650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee.
Service of any such communication made only by mail shall be deemed complete on the date of
actual delivery as indicated by the addressee's registry or certification receipt or at the expiration
of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party
hereto may from time to time, by notice in writing served upon the other party as aforesaid,
designate a different mailing address or a different person to which such notices or demands are
thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either
party from giving oral notice to the other when prompt notification is appropriate, but any oral
notice given shall not satisfy the requirement of written notice as provided in this Section.
G. Severability. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the
Purchase Agreement Page 7
decision of which is binding upon the parties, the parties agree that such determination shall not
result in the nullity or unenforceability of the remaining portions of this Agreement. The parties
further agree to replace such void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
H. Counterparts. This Agreement may be executed in separate counterparts, each of
which shall be deemed as an original, and when executed, separately or together, shall constitute
a single original instrument, effective in the same manner as if the parties had executed one and
the same instrument.
I. Waiver. No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
J. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
L. Survival of Covenants. All covenants of District or Seller which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations
and warranties by either party to the other, shall survive the Closing and be binding upon and
inure to the benefit of the respective parties hereto and their respective heirs, successors and
permitted assigns.
M. Assianment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
the prior written approval of the other party.
N. Further Documents and Acts. Each of the parties hereto agrees to execute and
deliver such further documents and perform such other acts as may be reasonably necessary or
appropriate to consummate and carry into effect the transactions described and contemplated
under this Agreement.
O. Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
P. Broker's Commission. District and Seller warrant and represent to the other that
there are no real estate commissions or other related brokers', agents* or finders' costs or Ices in
this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and
against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings
Purchase Agreement Page 8
which may result from any broker, agent or finder, licensed or otherwise, claiming through, under
or by reason of the conduct of Seller in connection with this transaction. District agrees to and
does hereby indemnify and hold Seller harmless from and against any and all costs, liabilities,
losses, damages, claims, causes of action or proceedings which may result from any broker, agent
or finder, licensed or otherwise, claiming through, under or by reason of the conduct of District
in connection with this transaction.
Q. Captions. Captions are provided herein for convenience only and they form no
part of this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
R. Pronoun References. In this Agreement, if it be 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 all other genders as appropriate.
S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or
the performance or breach thereof, the parties agree first to participate in non-binding mediation
in order to resolve their dispute. If the parties are unable to resolve their dispute through
mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation,
any remaining unresolved controversy or claim shall be settled by binding arbitration. The
parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior
Court of California. The arbitration shall be conducted in accordance with the rules set forth in
California Code of Civil Procedure Sections 1280 et. seq. including the right of discovery.
Hearings shall be held in Santa Clara County, California. If the parties are unable to agree upon
an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services,
Inc. or its successor or, if none, a substantially similar arbitration service, in accordance with the
rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and
binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL DISTRICT INITIAL
Purchase Agreement Page 9
11. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before ,November 8, 2006 District shall have until midnight November 15, 2006
to accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by District.
As consideration for said irrevocable offer, District has paid into escrow and Seller
acknowledges District has paid into escrow the sum of Ten Thousand Dollars and No/I 00
($10,000), which shall be applied to the Purchase Price as set forth in Section 2 hereof or
retained by Seller if District does not close escrow in accordance with this Agreement due to a
material breach of this Agreement by District.
HI
1H
[Signature Page follows on Page 101
Purchase Agreement Page 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officers to be effective as of the date of final execution by District in
accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN REAL ESTATE TRUST OF COMMUNITY
SPACE DISTRICT FOUNDATION SILICON VALLEY
APPROVED AND ACCEPTED: APPROVED AND ACCEPTED:
By:
Jed Cyr, President, Board of Directors Peter Hero
Its:
President
Date Date
ATTEST:
Sally, Rice, District Clerk
Date
ACCEPTED FOR RECOMMENDATION
Michael C. Williams, Real Property Manager
APPROVED AS TO FORM:
Susan M. Schectman, General Counsel
RECOMMENDED FOR APPROVAL:
L. Craig Britton, General Manager
Signature Page to Purchase Agreement with Real Estate Trust at Community Foundation Silicon Valley
Purchase Agreement Page 11
Preliminary Title Report to be inserted
Signature Page to Purchase Agreement with Real Estate Trust at Community Foundation Silicon Valley
Regional Open Space
| MK0PEMINSWLA REGIONAL OPEN SPACE DISTRICT
�
R-O6'|33
Meeting 06-27
November |l 2006
AGENDA ITEM �
'"vv"�^,",�" " " ^�^`° °
AGENDA0[EM
)
' Authorization \o Amend C mcr withBalance Hydrologic
(
� Sediment Monitoring Services "` ^. Corte"^ Madera° �
/
GENERAL MANAGER'S ^~~~~^'^~~~^''~^^^~~^
� Authorize the General Manager to mnend contract with Balance Dvdvu|ogioa, Inc. in the amount of
! $3o,Yg|.50 plus u contingency of$6,5O8.5O, for a total amendment amount not to exceed $46,5O0.00, and
uimtu| authorization umount not toexceed $108,256.00. �
BACKGROUND
�
On January 21, 2004,the Board adopted tile Watershed Protection Program (WPP) for El Corte de Madera /
�
Creek Open Space Preserve (Preyerve) and directed staff 0n implement upilot in-stream sediment !
monitoring program to oaaeay (he effectiveness of implemented erosion control nmeayunm(see Report �
Q'04'10). Proposals and qualifications for in-strearn sediment monitoring services were submitted by four
consulting firms. The submittal from Balance Hydrologics, Inc. was lower in cost, best reflected the �
District's goals for the project, ondiuciudednhigh|yquu|iGedteamm[hydro|wgistsandgeomorpho|ogim<a. �
On July 20. 2004. the Board awarded o contract to Balance Bydro|ogica, Inc, (Bm|ancc) toprovide in-
stream sediment monitoring services at tile Preserve (Report K-04-72).
The in-stream sediment monitoring program has four specific objectives:
|. Measure levels of bed sedimentation to establish baseline conditions prior to VVPP implementation
(completed in2O04);
2. Gauge the effectiveness of sedirrient-reduction measures taken by the District(ongoing);
3. Assess sediment load from £| Corte de Madera(ECdM) Creek, such that its effects within the San
Gregurio watershed can be cvu}uu1od in o larger watershed and habitat context(ongoinA); �
4� Provide training for District staff Dmm Balance to conduct monitoring in-house(ongoing).
DISCUSSION
In-stream sediment monitoring is separated into two distinct measurements: |)tile amount of fine sediment
e{u,ed in atocum pun|a within tile Proacrve ("V Star"), and 2}the amount o[sediment transported by
� ytn:oma in the Preserve measured ua suspended mcdimnen(, bed|oadmcdinnent` and mtorammflow. The amount
�
ofstood sediment ie assessed through measuring the portion o[autrcam"a pools filled with fine sediment
during low summer flow. The amount of transported sediment ia assessed 6v measuring sediment
| suspended in the water column and bedload moving along the channel bottom at various high flows. |
Together with stream gage data, these measurements are used Wcorrelate streom flow with sediment
storage and transport.
During the first year ofthe contract, Ru|anxc provided training to District staff io the methods and
techniques used to conduct \/* monitoring. District staff have continued to collect the V* data annually,
completing tile third year o[V* measurements.
� Because the three years of monitoring data have Occurred over a range of stream flow and winter storm
�
� |
�
� � �
^ °
&'06'133 Page
intensities, Balance and District staff believe n robust baseline du\uacthas been collected that will provide
� u measurement o[erosion control treatment effectiveness a1 the completion of the Watershed Protection
� Program, which was tile original goal for the monitoring program. As part of their amended contract, eiu[F
�
� is recommending that Balance analyze the three years of V* data and produce a detailed report. Staff is
also recommending to defer the collection of future V* measurements until completion of all of tile
projects idenhficdv/itbinthclVpY` u1whicbdme\/* nmcouuremcntawi|| aguinhcco||ectcdunduno|yxcd
� to determine sediment reductions that were attained through completion of the WPP.
This contract amendment will also allow another year of sediment transport monitoring using the stream
gage already installed oil BCdK4 Creek. Staff thinks it prudent 1ocontinue in-stream sediment transport
monitoring for an additional year. Sun GrcgorimCreek has been listed as ^^*cdiment-siltation impaired"
under the Clean VVa8cr Act, and is under the regulatory authority of tile Sun Francisco Buy Regional VVu\er
Quality Control Bnun{ (RVVC()B)to protect water quality. The data collected by the District will help
� show how the watershed responds to improvements in the Preserve Linder a range of environmental
conditions. This data will also be valuable to the District when the RWQCB begins its assessment and
potential regulation of water users and water rights in the adjudicated San Gregorio Creek watershed.
Only two stream gages are located in the watershed; one US Geological Survey(USGS)stream gage is
located near the mouth of San Gregorio Creek as it drains into the Pacific Ocean. This gage has been non-
operational due 1ofunding constraints but has recently been re-funded through u grant that will allow for
continued operation. Together, the stream gage u1 tile Preserve and tile USGS gage provide u data set fiom
� the headwaters t*the Pacific Ocean, which is critical information for managing federally threatened
steelhead trout and the aquatic habitat present in the Sail Gregorio Creek watershed.
FUNDING
Continued in-stream monitoring is a component ofthe WPP. Funding for this program was approved by
� 1hc Bound on Mooch 0, 2006 in the amount of$364,O00(Report R'06'34). Funds for this contract
amendment would represent the third year of assistance by Balance Hydro|ogicsto produce umore
comprehensive and scientifically robust record of in-strearn sediment monitoring and data analysis than the
District could provide on its own.
CEQA COMPLIANCE
On January 21, 2004, the Board adopted the WPP and Mitigated Negative Declaration for El Corte de
Madera Creek Open Space Preserve(Report R-04-|O). The District concludes that the in-stream sediment
monitoring program will not have u significant effect oil the environment. 1tim categorically exempt from
the California Environmental Quality Act(C2()/\) under Section |5306of the CE(}A Guidelines as
� follows:
Section 15306 exempts basic data collection, research, experimental management, and resource
evaluation activities that do not result in major disturbances to an environmental resource.
Prepared by:
� Meredith Manning, Open Space Planner }|
� KirkLeuiu@¢on, Resource Planner
Contact Person:
Meredith Manning, ()pen Space Planner 11
'
Regional Omen Spac
� M|DPENINSNLA REGIONAL OPEN SPACE DISTRICT
R-O6-27
MeetingA6-ll7
November 15, 2006
���D7����� N7PK��� �
^°~°��^."~'� � " ~^^," -"
AGENDA0TEM
Authorize Additional Legal Fees in the Matter mf Fogarty v. Midveninsula Regional Open Space Distric �
and Midpeninsula Regional Open Space District v. Fogarty,
GENERAL COUNSEL'S RECOMMENDATION 0 `"
�
Authorize additional legal fees in the matters of Fogarty v. MROSD and for tile law
firm of Pillsbury Winthrop Shaw Pittman in an additional amount not to exceed $60,000.
DISCUSSION
This agenda item requests Board authorization to pay additional legal fees needed to represent the
� District's interests in pending litigation.Fogarty V. MROSD �
and MROSD v. Foaartv are lawsuits concerning u conservation casement and claim �
o[access easement over Coal Creek Open Space Preserve. |n September 20O4,the District was sued bv �
Fogarty concerning plaintiffs claim to a deeded easement over Preserve lands. Ali additional dispute �
arose from u disagreement about the uses allowed under aconservation easement granted to the District �
over portion of the plaintiff property. The District h|ud u cross-complaint in order to protect its �
� interest in the conservation easement. ]-riu| iu currently set for [ebruury2O. 2007. Therefore the Board
� authorized retaining Soon Sommer to represent its interests and to file and try the un`um-cnnnp|uinL (See �
i Report No. RL05 64 ) Tb� 8ourduu�bm,izcdndditionu| |u�u| h:�oinJu|� 2O05 (��� RcpnnY4o [\-0j-84) �
� � - - � �
in September 2U05 (See Report No. R-U5-98), in December 2U05 (See Report No. R'05-l27)and in
| August 2O06(See Report No. Hi-06-V0)for a total of$\35,OUO.
| Due to the considerable cost of discovery and trial preparation in this matter as a result of a variety of �
�
� factors,the District's counsel is recommending that additional funds in the arnount of$60,000 be
| approved to insure that there are sufficient funds/otake this matter through trial in u mariner that allows
' the District to fully and vigorously defend the puh|io`a interest in these uaacm. This amount is based on an �
�
eadnmmto for time of trial preparation, pre-trial motions, preparation of trial briefs, witnesses, exhibits, u
trial of several days, post-trial briefing, and other necessary tasks. The funds will heu cost\otile New
� Land Category o[the Real Property Department's budget. l{approved, the total oo/ouut authorized inthis
�
matter would bc$|95,0UO.
�
� Prepared by:
Suaan8chootmun
General Counsel �
�
| Contact person: �
� Same usabove
�
�
� ]
�
�
/
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-135
Meeting 06-26
October 25, 2006
AGENDA ITEM 4
AGENDA ITEM
Resolution for Pre-tax Benefit of Employee Paid Retirement Contributions and
Resolution Updating Employer Paid Retirement Contributions to Meet Internal Revenue
Requirements
GENERAL MANAGER'S RECOMMENDATIONS
1) Adopt the Attached Resolution for Pre-tax Benefit of Employee Paid Retirement
Contributions
2) Adopt the Attached Resolution for PERS Compliance with the Internal Revenue Service
and PERS law
DISCUSSION
At your August 9, 2006 meeting you adopted resolutions providing a new PERS retirement
formula(2.5% at 55) for regular District employees. Included in this enhanced benefit was a
provision that employees would begin paying a portion of the employee costs for retirement.
The provision designated that employees would begin paying 1% of salary at the time the
enhanced formula took effect and an additional I% (for a total of 2%) beginning April 1, 2008.
The enhanced formula took effect on October 9, 2006. With the new provision of employees
paying I% of retirement costs, PERS has informed us that they need a resolution from the Board
of Directors in order to have the employee payments deducted on a pre-tax basis. The attached
Resolution- Resolution for Employer Pick-up will provide for the pre-tax deductions. This pre-
tax designation does not have any cost implications for the District.
While discussing this resolution, PERS also asked the District to adopt another Resolution-
Resolution r Employer Paid Member Contributions which will update their files for
fo
compliance with PERS law and IRS codes. This resolution makes no changes in the District's
contract, but is only a compliance request from PERS.
Prepared by:
Sally Rice, Assistant General Manager
Contact person:
Same as above
RESOLUTION FOR EMPLOYER PICK-UP
WHEREAS, the Midpeninsula Regional Open Space District has the authority to
implement the provisions of section 414(h)(2) of the Internal Revenue Code
(IRC); and
WHEREAS, the Board of Administration of the Public Employees' Retirement System
adopted its resolution re section 414(h)(2) IRC on September 18, 1985; and
WHERAS, the Internal Revenue Service has stated in December 1985, that the
implementation of the provisions of section 414(h)(2) IRC pursuant to the
Resolution of the Board of Administration would satisfy the legal requirements of
section 414(h)(2) IRC; and
WHEREAS, the Midpeninsula Regional Open Space District has determined that even
though the implementation of the provisions of section 414(h)(2) IRC is not
required by law, the tax benefit offered by section 414(h)(2) IRC should be
provided to its employees who are members of the Public Employees'
Retirement System:
NOW, THEREFORE, BE IT RESOLVED:
I. That the Midpeninusla Regional Open Space District will implement the
provisions of section 414(h)(2) Internal Revenue Code by making employee
contributions pursuant to California Government code section 20691 to the Public
Employees' Retirement System on behalf of its employees who are members of
the Public Employees Retirement System. "Employee contributions" shall mean
those contributions to the Public Employees' Retirement System which are
deducted from the salary of employees and are credited to individual employee's
accounts pursuant to California Government Code section 20691.
II. That the contributions made by the Midpeninsula Regional Open Space District
to the Public Employees' Retirement System, although designated as employee
contributions, are being paid by the Midpeninsula Regional Open Space District
in lieu of contributions by the employees who are members of the Public
Employees' Retirement System.
III. That employees shall not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the Midpeninsula Regional Open
Space District to the Public Employees' Retirement System.
IV. That the Midpeninsula Regional Open Space District shall pay to the Public
Employees' Retirement System the contributions designated as employee
contributions from the same source of funds as used in paying salary.
V. That the amount of the contributions designated as employee contributions and
paid by the Midpeninsula Regional Open Space District to the Public Employees'
Retirement System on behalf of an employee shall be the entire contribution
required of the employee by the Public Employees' Retirement Law (California
Government Code sections 20000, et seq.).
vi. That the contributions designated as employee contributions made by
Midpeninsula Regional Open Space District to the Public Employees' Retirement
System shall be treated for all purposes, other than taxation, in the same way
that member contributions are treated by the Public Employees' Retirement
System.
BY
Jed Cyr
President
Board of Directors
i
i
October 25, 2006
RESOLUTION FOR EMPLOYER PAID MEMBER CONTRIBUTIONS
WHEREAS, the governing body of the Midpeninsula Regional Open Space District has
the authority to implement Government Code Section 20691;
WHEREAS, the governing body of the Midpeninsula Regional Open Space District has
a written labor policy or agreement which specifically provides for the normal
member contributions to be paid by the employer;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of the Midpeninsula Regional Open Space
District of a Resolution to commence said Employer Paid Member Contributions
(EPMC);
WHEREAS, the governing body of the Midpeninsula Regional Open Space District has
identified the following conditions for the purpose of its election to pay EPMC:
• This benefit shall apply to all employees of Midpeninsula Regional Open
Space District (Membership Category OR Group or Class).
• This benefit shall consist of paying 7% (Percent) of the normal member
contributions as EPMC.
• The effective date of this Resolution shall be 10/25/2006.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Midpeninsula
Regional Open Space District elects to pay EPMC, as set forth above.
BY
Jed Cyr
President
Board of Directors
October 25, 2006
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-142
Meeting 06-27
November 15, 2006
AGENDA ITEM 5
AGENDAITEM
Consider Referral of the Argentine Ant Proposal from Stanford University's Department of
Biological Sciences at Jasper Ridge Biological Reserve to the Use and Management Standing
Committee for Review and Recommendation
GENERAL MANAGER'S RECOMMENDATWN-
At Director Hassett's request, consider referring the matter of possible District participation in a
scientific study of Argentine Ants as prepared by Stanford University Department of Biological
Sciences at Jasper Ridge Biological Reserve to the Use and Management Standing Committee.
BACKGROUND
See attached proposal.
Contact Person:
Larry Hassett, Board Member
Pre-proposal for Mid-Peninsula Open Space Regional District
Prof. D. M. Gordon, Dept. of Biological Sciences, Stanford University
email: dmgordon Ca)stanford.edu
Developing a management plan for the invasive Argentine ant
There are nearly 100 native ant species in the Bay Area. These include army ants, slave-
making ants, the centipede eating fat-waisted ant, specialized spider egg-eating ants, and fungus-
growing ants. Unfortunately, as invasive Argentine ants spread through the Bay Area, they are
decimating these native ant populations. The loss of native ant species may have unexpected and
drastic ecological consequences on both plants and animals. Several native ant species protect
blue butterfly caterpillars from predators. Harvester ants actively transport seeds over long
distances so they are important in the dispersal of many plants. By protecting seed-eating moths,
native ants may keep down populations of weedy vetches. In addition, the invasion of the
Argentine ant has been associated with increases of other invasive species. Some of the other
invasive species that thrive in areas invaded by Argentine ants are animals, such as exotic
arthropods, including pill-bugs and wood louse eating spiders. There is mounting concern that
the star thistle is more abundant in areas invaded by Argentine ants. Argentine ants have also
been implicated in the destruction of bird nests.
To learn about the factors that promote the spread of Argentine ants, the Gordon lab at
Stanford has conducted a 13-year survey of Stanford's Jasper Ridge Biological Reserve. This
long-term study has shown the spread of the Argentine ant to be surprisingly slow and erratic,
and strongly dependent on rainfall. It appears that human disturbance helps to promote the
introduction of Argentine ants. We propose to investigate the effects on Argentine ant spread of
two kinds of human intervention practiced in Mid-Peninsula Regional Open Space District
reserves: planting and the removal of plants. We propose to continue the project for 4 years, to
make it possible to evaluate the influence of year-to-year variation in rainfall. This 4-year
project has a projected budget of$87.5K per year.
We will report annually on the results of our project. At the end of the project we will
provide a final report that offers an Argentine ant management plan based on our findings. We
will also present the results in scientific peer-reviewed journals such as Restoration Ecology, and
in media specifically targeted for people active in California land management.
Argentine ant colonies reproduce by budding, sending propagules of new nests into
adjacent areas. Thus the growth of the invasion depends on where the ants are introduced and
whether they are encouraged to spread nearby.
We propose two studies that examine 1)habitat restoration and fire management
practices that minimize Argentine ant spread, and 2) how the removal of coyote bush at reserve
edges can delay the spread of Argentine ants into reserves. This research will provide data on the
location of Argentine ant invasion fronts in Mid-Peninsula lands, and identify areas that are most
susceptib
le to invasion in the future. The work will also show how habitat restoration techniques
can be fine-tuned so as to minimize the spread of the ants, and will determine whether the
removal of coyote brush can help to impede the spread.
1. Effect of native plant restoration and removals
Because they are usually located in developed areas, native plant nurseries are often
infested with Argentine ants. The Argentine ants nest in the potting soil of nursery stock, which
is then carried out to grasslands during native plant restoration projects.
Argentine ants may be able to spread more easily in loose soil than in compact soil.
During invasive plant removal and fire management projects, maintaining soil-compaction may
limit infestation and lessen the impacts of Argentine ants.
Methods
A. Native plant restoration
Our project will select several native plant restoration projects. Using a combination of
quarantine procedures and regular inspections, we will work with staff biologists to minimize the
nesting of Argentine ants in nursery stock before planting. We will then compare the spread of
Argentine ants and subsequent changes in arthropod diversity in sites where quarantined plants
have and have not been used. The goal is to determine how much ant spread can be diminished
by limiting Argentine ant infestation on nursery stock.
B. Optimizing techniques for exotic plant removal and fire management
We will monitor Argentine ant spread in locations where there has been exotic plant removal and
fire management interventions. We hope that staff biologists can help us to identify these sites.
If possible, we will compare projects that involve ground disturbance with projects that limit
ground disturbance, or that re-compact the soil afterwards, in their effects on Argentine ant
spread. Each spring we will monitor each project location for Argentine ant distribution, native
arthropod diversity, and vegetation. We would also begin similar surveys at sites where such
projects are planned but have not yet been implemented. The goal is to determine which
management practices limit the spread of Argentine ants.
2. Can changes in preserve edges create ecological barriers to the spread of invasive species?
We will examine how the abundance and spatial pattern of shrubs alters the permeability
of preserve edges to Argentine ant invasions. Our research at JRBP on the pattern of spread,
habitat requirements and movement ecology of Argentine ants indicates coyote brush (Baccharis
pilularis) swaths are important invasion corridors for Argentine ants. Baccharis provides both
favorable micro-environmental conditions and food to Argentine ants. Baccharis is a common
plant in California, increasing in abundance in locations where fire is suppressed. We will use an
experimental approach to test if the manipulation of Baccharis at invasion fronts can be used to
impede Argentine ant spread.
Methods
After discussion with staff and initial surveys of several Mid-Peninsula Open Space Preserves to
identify invasion fronts of Argentine ants along Baccharis swaths, we will select at least 3
experimental front sites and 3 paired control front sites. At each experimental front site,
Baccharis plants will be removed so that there is a gap of at least 20 meters surrounding the front
and sides of the front. In control sites, no plants will be removed. Following shrub manipulation,
pitfall traps spanning from at least 10 meters in the invasion to 50 meters from the invasion front
will be used for 18 months to sample Argentine ant spread and abundance. Our expectation is
that Argentine ants will spread in the control sites but not in the experimental sites. Because
rainfall is a strong determinant of Argentine ant spread, in the case of a low rainfall year in year
I of the experiment, we will partition sites and simulate rainfall by watering in part of each site
in the following year. This will allow us to test how rainfall interacts with shrub availability to
affect spread. The goal is to determine if the removal of woody plants at the edges of Argentine
ant invasions can impede the spread of ants. This may provide a non-toxic management
technique to protect native communities from Argentine ant invasions.
Who will do the research
Data collection will be done by Dr Nicole Heller(postdoctoral researcher) and Jessica
Shors (Stanford graduate student), with the help of 2 field assistants. Data analysis, and
preparation of manuscripts and reports will be done by Dr Heller and J Shors in collaboration
with Prof. Gordon. Work will begin in September 2006.
MROSD Staff contributions
We hope to work closely with MROSD staff during the course of this work. We will
need assistance from staff for:
1. Machinery used for plant removal and irrigation.
2. Access to native plant nurseries so nursery stock can be monitored for Argentine ants;
cooperation in preliminary Argentine ant eradication program at native plant nurseries.
3. Coordination/information:
a. What invasive plant removal, native plant installation, and fire management projects
are already scheduled and planned?
b. Are there projects that have been scheduled but not fully planned, for which
experimental designs can be set-up to compare the effects of different techniques?
4. Aerial photographs for mapping purposes.
5. Assistance from Human Resources department during the hiring of field technicians.
Proposed Annual Budget: TOTAL $87.5K per year
1/2 salary for Dr Nicole Heller, postdoctoral researcher $22.5K
1/2 stipend for Jessica Shors, graduate student at Stanford $14K
2 field assistants to collect data 1,000 hrs each at $18 per hour $36K
1 month summer salary for Prof D Gordon plus 28% benefits $15K
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-128
Meeting 06-27
November 15. 2006
AGENDA ITEM 6
AGENDA ITEM
Authorization to Enter Into a Professional Services Agreement with Go Native, LLC for
Integrated Pest Management Consultant Services and Development and Implementation of a
Public Outreach Program to Facilitate Treatment of Slender Fa Brome in the Vicinity of
Thornewood Open Space Preserve
GENERAL MANAGER'S RECOMMDENDATION--(Z!
Authorize the General Manager to enter into a professional services agreement not to exceed
$86,000 in fiscal year 2006-2007 (Phase 1) with Go Native, LLC for integrated pest management
services and development of a public outreach program to facilitate treatment of slender false
brome in the vicinity of the Thornewood Open Space Preserve.
DISCUSSION
At your December 14, 2005 meeting, the Board approved a I 0-year work plan for addressing an
aggressive, normative invasive plant, slender false brome, on District preserves (R-05-122). This
work plan includes hiring an Integrated Pest Management (IPM) consultant to advise the District
on treating slender false brome on District preserves and on adjacent private properties including
the development and implementation of a public outreach program. Awarding this professional
services agreement with Go Native, LLC is the first step to completing these tasks.
To select a qualified consultant, the District circulated a Request for Proposals and Qualifications
(RFP/Q) to a list of 12 individual consultants and firms. The RFP/Q was also distributed through
the California Invasive Plant Council, the Center for Invasive Plant Management, the IPM
Practitioners Association, and at the California Statewide Weed Management Area meeting.
Seven firms participated in the mandatory informational meeting that included a tour of the
Thornewood Open Space Preserve. The District received two proposals: one from Go Native,
LLC and one from Shelterbelt Builders. Shelterbelt Builders' proposal was incomplete,
consisting primarily of example projects, and did not include either a scope or proposed budget,
thus it was determined to be an inadequate proposal and they were eliminated from the process
as their proposal was deemed nonresponsive.
Firms Submitting Proposals: Responsive to RFP/Q Proposed Budget
Go Native, LLC Yes $81,000
Shelterbelt Builders No None submitted
Because of the specialized nature of this type of work, staff made a concentrated effort in
contacting firms and organizations with the greatest likelihood of expertise in the fields of
R-06-128 Page 2
invasive plant control and community outreach on environmental issues. Although the large
turnout at the informational meeting showed initial high interest, most firms chose not to submit
a bid.
District staff and a representative from the San Mateo County Agricultural Department
interviewed Go Native, LLC and their sub-consultant, Susan Danielson, who will be conducting
the public outreach element of their proposal. As you may recall, last year the District selected
Go Native, LLC as our contractor for supplemental herbicide work Districtwide. As the
District's herbicide contractor, Go Native has demonstrated their skills and knowledge and staff
is confident in their ability to design a program for slender false brome under this contract. After
checking references for Susan Danielson and receiving positive remarks on her public outreach
qualifications, the District selected the Go Native, LLC proposal as the most qualified and
responsive to the RFP/Q.
Go Native will undertake five primary tasks under this contract in two phases:
1. Evaluation of Slender False Brome Control on District Property—Recommend treatment
options for control of slender false brome on District preserves, subsequent restoration efforts,
and a monitoring program. This task will be completed in Phase I by March 31, 2007.
2. Public Outreach Program for Control of Slender False Brome on Private Property - Design
a public outreach program that will facilitate District-directed treatment and monitoring of
slender false brome on adjacent private properties. The goal of the program is to raise awareness
of the dangers this invasive weed poses, educate residents about the ways to eradicate it, and to
gain their cooperation for treatment. A draft public outreach program including draft formats for
publications, draft schedule for public events and any necessary environmental review will be
completed in Phase I by March 31, 2007. Implementation of the public outreach program
including direction of and participation in workshops, media outreach, direct mail and other
methods, will be undertaken in future Phase 11 of this contract.
3. Oversight of Invasive Plant Control Contractor- Manage and schedule a District-hired
contractor to treat slender false brome on adjacent private properties during first year of
treatment. Work with District Resource Management Specialist and General Counsel to procure
necessary permissions from private landowners to enter their property for treatment and
monitoring of slender false brome. Preliminary planning on this task will be started in Phase 1;
most work will be completed in future Phase 11.
4. Grant Funding and Applications - Research and recommend grant programs to fund
treatment and monitoring programs of slender false brome, prepare a minimum of two
grant applications for submittal by due dates, and prepare a proposal kit with supporting
materials for future grant applications. A preliminary list of possible grant opportunities
will be submitted during Phase 1; actual grant applications and the proposal kit to be
completed in Phase 11.
5. Make a recommendation on the use of clopyralid and triclopyr in the District's IPM
program —review and prepare a programmatic pest control recommendation for using
R-06-128 Page 3
clopyralid and triclopyr herbicides to control brush and various invasive plants on District lands,
including any necessary CEQA review. This task will be undertaken in future Phase 1I.
At a various points during the project, the consultant team will present information about their progress
to the Board. The consultant will also provide assistance in environmental assessment so the District is
able to meet all requirements of the California Environmental Quality Act (CEQA). The District
General Counsel and staff members will ensure that all necessary CEQA and legal requirements are met
I
for the tasks performed by Go Native, LLC as they arise under this contract.
Phase I tasks (evaluation of slender false brome on District properties, draft public outreach program
including draft publications and draft schedule for public events, a preliminary list of grant
opportunities, and any necessary environmental reviews) will be completed by March 31, 2007. The
iv was for 81 000 for Phase I tasks. The consultant indicated their
m �' Native, LLC o original bid from Go $
a
availability to work on preliminary Phase II tasks before the end of the fiscal year; therefore, we have
added $5,000 to this agreement to get started on this additional work. As a result, the total amount for
Phase I and Phase 11 tasks to be completed under this agreement by March 31, 2007 will not exceed
$86,000. These funds were included in fiscal year 2006/2007 budget for this project.
A schedule and cost estimate for Phase 11 tasks (implementation of the public outreach program,
oversight of invasive plant control contractor, grant applications and pest control recommendations) will
be negotiated at the end of Phase I and will be brought back to the Board as an additional or amended
agreement. Work completed under Phase I will determine the costs for Phase II tasks, however, under
the ten-year work plan for slender false brome, we estimated these costs would be approximately
$87,000 including the hiring of a contractor to treat slender false brome on private properties.
Prepared by:
Cindy Roessler, Resource Management Specialist
Michelle Jesperson, Management Analyst
Contact Person:
Cindy Roessler, Resource Management Specialist
it �I
I��
WOPENINSULA REGIONAL OPEN SPACE DISTRICT
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AND GO NATIVE,LLC
THIS AGREEMENT,dated this 16 tb day of November 2006,is by Go Native LLC("Consultant")and the Midpeninsula Regional
Open Space District,a public body of the State of California("District");
RECITALS:
WHEREAS,the District proposes to engage Consultant for integrated pest management(IPM)services and development of a public
outreach program to facilitate treatment of slender false brome in the Woodside area.
WHEREAS,Consultant is specially trained,experienced,and competent to perform the special services which will be required by
this Agreement;and
WHEREAS,Consultant is willing to render such professional services,as hereinafter defined,on the following terms and
conditions.
NOW,THEREFORE,Consultant and the District agree as follows:
AGREEMENT:
1. Scope and Schedule of Service. Subject to the terms and conditions set forth in this Agreement,Consultant shall provide to
District the services described in Exhibit A,attached hereto and incorporated herein by reference, in compliance with the
Work Schedule set forth in Exhibit A.
2. Compensation.For work performed by Consultant in accordance with this Agreement,District shall compensate
Consultant in accordance with the payment terms,conditions and rates set forth in Exhibit A.
3. Effective Date. The effective date of this Agreement is November 16,2006.
4. Independent Contractor Status. It is expressly understood and agreed by both parties that Consultant,while engaged
in carrying out and complying with any of the terms and conditions of the Agreement, is an independent contractor and
not an employee of the District. Consultant expressly warrants not to represent,at any time or in any manner,that
Consultant is an employee of the District.
5. Assignment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to District for
entering into this Agreement was,and is,the professional reputation and competence of Consultant. Neither this
Agreement nor any interest therein may be assigned by Consultant without the prior written approval of District.
Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior
written approval of the District.
6. Insurance. Before beginning any of the services or work called for by any term of this Agreement,Consultant,at its
Agreement for Professional Services Page 1
own cost and expense,shall carry,maintain for the duration of the Agreement,and provide proof thereof that is
acceptable to the District the insurance specified in Exhibit B, "District Insurance Provisions",attached hereto and
incorporated herein by reference.
7. Indemnification-Consultant's Responsibility. It is understood and agreed that Consultant shall indemnify,defend,
and hold District,its officers,employees,agents,and volunteers harmless from and against any and all liability,claims,
suits,actions,damages,and causes of action arising out of any personal injury,bodily injury,loss of life,or damage to
property,or any violation of any federal,state,or municipal law or ordinance,or other cause in connection with the
negligent or intentional acts or omissions of Consultant,its employees,subcontractors,or agents,or on account of the
performance or character of this work,except for any such claim arising out of the sole negligence or willful
misconduct of the District, its officers,employees,agents,or volunteers. It is understood that the duty of Consultant to
indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.
Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or
claims for damages.
8. Licenses. If a license or registration of any kind is required of Consultant,its employees,agents,or subcontractors by
law,Consultant warrants that such license has been obtained,is valid and in good standing,and Consultant shall keep it
in effect at all times during the term of this Agreement,and that any applicable bond shall be posted in accordance with
all applicable laws and regulations.
9. Termination. This Agreement may be canceled at any time by District for its convenience upon written notification to
Consultant. In the event of termination,the Consultant shall be entitled to pro-rated compensation for services
performed prior to the effective date of termination;provided,however,that the District may condition payment of such
compensation upon Consultant's delivery to the District of any or all documents,photographs,computer software,video
and audio tapes,and other materials provided to Consultant or prepared by or for Consultant or the District in
connection with this Agreement.
10. Ownership of Materials. All materials and records of a finished nature, such as final plans,specifications,reports,
and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of
District. All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations and
other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to
District at no additional charge and without restriction or limitation on their use consistent with the intent of the original
design.Upon District's request,Consultant shall execute appropriate documents to assign to the District the copyright to
work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall
not affect District's rights to the materials and records prepared or obtained in the performance of this Agreement.
District reserves a license to use such materials and records without restriction or limitation consistent with the intent of
the original design,and District shall not be required to pay any additional fee or royalty for such materials or records.
The license reserved by District shall continue for a period of fifty years from the date of execution of this Agreement
unless extended by operation of law or otherwise.
11. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement Consultant shall,
without delay,deliver to District all materials and records prepared or obtained in the performance of this Agreement,
and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a
deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment.
12. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a
continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
Agreement for Professional Services Page 2
13. No Third-party Rights. The parties intend not to create rights in,or to grant remedies to,any third party as a
beneficiary of this Agreement or of any duty,covenant,obligation,or undertaking established herein.
14. Compliance with Laws. In the performance of this Agreement,Consultant shall abide by and conform to any and all
applicable laws of the United States and the State of California,and all ordinances,regulations and policies of the
District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety
rules,laws,statutes and practices, including but not limited to Cal/OSIIA regulations.
15. Controlling Law. This Agreement and all matters relating to it shall be governed by the laws of the State of
California.
16. Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in,nor shall any
interest be hereinafter acquired in,any matter which will render the services required under the provisions of this
Agreement a violation of any applicable state,local,or federal law. In the event that any conflict of interest should
nevertheless hereinafter arise,Consultant shall promptly notify District of the existence of such conflict of interest so
that the District may determine whether to terminate this Agreement. Consultant farther wan-ants its compliance with
the Political Reform Act(Government Code§ 81000 et seq.)respecting this Agreement.
17. Time is of the Essence. Consultant agrees to diligently prosecute the services to be provided under this Agreement to
completion and in accordance with any schedules specified herein. In the performance of this Agreement,time is of the
essence.
18. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the
parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes
all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the
subject matter hereof This Agreement may be modified or amended only by a written document executed by both
Consultant and District's General Manager and approved as to form by the District Legal Counsel. Such document
shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
19. Capacity of Parties. Each signatory and party hereto wan-ants and represents to the other party that it has legal
authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have
been taken so as to enable it to enter into this Agreement.
20, Multiple Copies of Agreement. Multiple copies of this Agreement may be executed but the parties agree that the
Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take precedence
should any differences exist among counterparts of the document.
21. Severability. Should any part of this Agreement be declared by a final decision by 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 unexcised portion,can be reasonably interpreted to give
effect to the intentions of the parties.
Agreement for Professional Services Page 3
IN WITNESS WHEREOF,Consultant has executed this Agreement,and the District,by its General Manager,who is
authorized to do so,has executed this Agreement.
MIDPENINSULA REGIONAL OPEN CONSULTANT
SPACE DISTRICT
By: By:
L.Craig Britton,General Manager Chuck Kozak,Vice-President
Go Native,LLC
Date: Date:
Federal Employer ID Number:
License Number:
Expiration Date:
Attest:
Date:
Sally Rice,District Clerk
Approved as to form and procedure:
Date:
Susan M.Schectman,General Counsel
Attachments: Exhibit A Scope of Services,Compensation and Billing
Exhibit B District Insurance Provisions
Agreement for Professional Services Page 4
EXHIBIT A
Agreement between
Midpeninsula Regional Open Space District
And Go Native,LLC
SCOPE OF SERVICES,COMPENSATION AND BILLING
1. Scope of Services and Schedule:
a. Detailed Scope of Services:
PHASE I—Review work on District Property and Design Draft Public Outreach Program for Control of Slender False
Brome
1) Evaluation of Slender False Brome Control on District PropeEty
a) Review information from sources outside District such as Oregon False Brome Working Group regarding
threat of,rate and means of spread of,and treatment methods for slender false brome.
b) Review existing District practices to control slender false brome on District preserves. The District will
provide GIS mapping of locations of slender false brome on District preserves and for certain private parcels.
c) As necessary,recommend revised methods for the treatment of slender false brome on District lands,
subsequent restoration efforts,and a monitoring program,and provide a programmatic pest control
recommendation.
d) Conduct necessary environmental review to assist District in meeting requirements of the California
Environmental Quality Act(CEQA)for proposed projects.
Deliverables: A recommended program of treatment and monitoring of slender false brome with restoration of
natural conditions on District lands with environmental review to be completed by March 31,2007.
2) Draft Public Outreach Program for Control of Slender Fake Brome on Private Propeny
a) Review existing information and prior educational outreach efforts to educate Woodside public on slender
false brome.
b) Review other regional educational efforts regarding invasive plant control or similar coordinated activities
across multiple properties.
c) Assess existing knowledge and perceptions on slender false brome by Woodside stakeholders through tools
such as an opinion poll.
d) Design a draft public outreach program that will facilitate District-directed treatment and monitoring of
slender false brome on adjacent private properties. The outreach program would be based on a plan that
details a communications strategy and implementation of that strategy. The goal of the program is to raise
awareness of the dangers this invasive weed poses,educate residents about the ways to eradicate it,and to gain
their cooperation for treatment.
e) Coordinate public outreach program with San Mateo County Weed Management Area, San Mateo County
Agricultural Commissioner,California Department of Food and Agriculture,and other parties as deemed
necessary.
f) Conduct necessary environmental review to assist District in meeting requirements of projects listed in 2a—d.
Deliverables: A draft public outreach program that would facilitate District-directed treatment and monitoring of
slender false brome on adjacent private properties including draft formats for brochures,flyers or other
recommended publications and environmental review to be completed by March 31,2007.
Agreement for Professional Services Page 5
PHASF TT—Implementation of Public Outreach Program,Grant Applications, and Oversight of Contractor for Control of
Slender False Rmme,and R comm ndations on Use of Niiscellaneouq Herbicides
Note: District may direct preliminary work on specified Phase II tasks be undertaken prior to March 31,2007.
3) Implementation of Public Outreach Program for Control of Rl ender False Brome on Private Property
a) Make a presentation to the District Board of Directors regarding the general approach of the public outreach
program..
b) Revise outreach program and materials,as necessary.
c) Implement the public outreach program including direction of and participation in media outreach,direct mail
pieces,local town hall meetings,workshops,public land tours,and more to educate neighboring landowners
about slender false brome and District's desires to treat and monitor slender false brome on their lands. Actual
roles and responsibilities of consultants versus District staff will be determined as program is developed.
Deliverables: A final public outreach program to facilitate District-directed treatment and monitoring of slender
false brome on adjacent private properties, including a schedule of specific events and final templates for any
recommended publications. Program will be finalized after Board presentation—schedule to be determined at the
end of Phase I.
4) Oversight of Invasive Plant Control Contractor
a) Design a program to manage a District-hired contractor to treat slender false brome on adjacent private
properties several times per year and regularly monitor its effectiveness. Program should include procedures
for owners to request their property be reviewed for brome infestation,site inspection and environmental
assessment,determination of appropriate control options,education and negotiation with property owner,
assignment of priority work areas,scheduling,owner notification,follow-up treatment,and monitoring.
b) Provide a programmatic pest control recommendation for treatment of slender false brome on private
properties in the Woodside area.
c) Work with District Resource Management Specialist and General Counsel to procure necessary permissions
from private landowners to enter their property for treatment and monitoring of slender false brome.
d) Direct and schedule contractor during first year of treatment on private property(April 2007-March 2008).
Deliverables: A program to oversee contractor to be completed by April 30,2007. Actual oversight services
during first year of treatment(April 2007—March 2008).
$) Grant Funding and Applications
a) Research and recommend grant programs to fund treatment and monitoring programs of slender false brome.
b) Prepare a minimum of two grant applications for submittal by due dates.
c) Prepare proposal kit with supporting materials for future grant applications.
Deliverables: A list of potential grant opportunities to fiord treatment and monitoring of slender false brome,at
least two completed grant applications for District review prior to submittal,and a proposal kit for future grant
applications. A preliminary list of possible grant opportunities will be submitted to District staff for review and
further direction during Phase 1;actual subsequent delivery date of final list,grant applications,and proposal kit to
be determined at the completion of Phase 1.
6) Make a recommendation on the use of cloplrralid and triclop)a in the District's TPM rp ogram
a) Review current District activities to control brush and invasive plants and information regarding the use of
clopyralid and triclopyr.
b) Prepare a programmatic pest control recommendation for using clopyralid and triclopyr on District lands.
c) Conduct necessary environmental review to assist District in meeting requirements of CEQA.
d) Make a presentation to the District Board of Directors to review recommendations, if deemed necessary.
Deliverables: IPM recommendations and pest control recommendation for the use of clopyralid and triclopyr on
District lands including environmental review. Schedule to be determined at the completion of Phase I.
l
Agreement for Professional Services Page 5
I
b. Date for Commencement of Consultant Services:
❑ Same as effective date of agreement.
c. Date for completion of all Consultant services:
Consultant shall provide a written project schedule to District for review and approval prior to commencement of
work for Phase 1. Upon District's determination that it desires to proceed with Phase 11 tasks,a schedule for Phase
11 will be provided to District for review and approval at the end of Phase I. Such schedules may be modified as
work proceeds with District approval. Completion date for all Consultant services under Phase I and any
authorized preliminary Phase H tasks shall be no later than March 31,2007. If District approves Phase 11 tasks,
completion date for all Consultant services under Phase II shall be no later than March 31,2008.
2. Compensation:
19 Hourly Rate Arrangement: For performance of the Scope of Services by Consultant as herein required,
District shall pay Consultant for the productive hours of time spent by Consultant in the performance of said
Services,at the rates or amounts set forth in the Rate Schedule below according to the following terms and
conditions:
Go Native,LLC project management personnel $ 95.00/hour
Go Native,LLC research and administrative personnel $ 65.00/hour
Brenton VMS for vest control recommendations&development of IPM $100.00/hour
Proiect BluePrint for development&implementation of public outreach&g—rant funding $ 65.00/hour
BioMaAs for environmental analysis I $100.00/hour
lig Limitation without Further Authorization on Time and Materials Arrangement. At such time as
Consultant shall have incurred time and materials equal to T.86,000("Authorization Limit")for Phase I and
preliminary tasks for Phase 11,Consultant shall not be entitled to any additional compensation without further
authorization issued in writing and approved by the District. Nothing herein shall preclude Consultant from
providing additional Services at consultant's own cost and expense. If District determines to proceed with
Phase II,authorization for time and materials for Phase 11 will be determined in a future agreement.
3. Consultant's Expenses
19 The compensation to be paid to consultant set out in Section 2 includes all incidental expenses incurred by
consultant in performing services required by this Agreement.
4. Contract Administrators
District: Consultant:
Cindy Roessler Chuck Kozak
5. Bill Processing
a. Consultant's Billing to be submitted for the following period of time: on a monthly basis by the 1st or 3rd
Wednesday of the month.
b. Terms and Conditions for Bill Processing: All bills submitted by Consultant shall contain sufficient information
to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of
services performed,the date services were performed,the number of hours spent and by whom,a brief description
of any costs incurred and the Consultant's signature. The Consultant's Taxpayer Identification Number or Social
Security Number,and Purchase Order Number shall accompany bills.
Agreement for Professional Services Page 7
i
Exhibit B
Agreement between
Midpeninsula Regional Open Space District
And
Go Native,LLC
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INSURANCE REQUIREMENTS
Insurance. Before beginning any of the services or work called for by any term of this Agreement,Consultant,at its own
cost and expense,shall carry,maintain for the duration of the Agreement,and provide proof thereof that is acceptable to the
District the insurance specified herein.
Insurance Requirements
IN Statutory Worker's Compensation Insurance,and Employer's Liability Insurance coverage: $1,000,000
® Commercial General Liability Insurance: $1,000,000(Minimum)
® Automobile Liability Insurance: $ 500,000
® Errors and Omissions Insurance(Professional Liability): $1,000,000
Workers'Compensation. Statutory Workers'Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant shall be provided as required by the California Labor Code.
Commercial General and Automobile Liability. Consultant,at Consultant's own cost and expense,shall maintain
Commercial General and Business Automobile Liability insurance for the period covered by this Agreement in an
amount not less than the amount set forth in this Exhibit B,combined single limit coverage for risks associated
with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile
Liability form or other form with a general aggregate limit is used,either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice
the required occurrence limit. Such coverage shall include but shall not be limited to,protection against claims
arising from bodily and personal injury,including death resulting therefrom,and damage to property resulting from
activities contemplated under this Agreement,including the use of hired,owned and non-owned automobiles.
Coverage shall be at least as broad as the latest edition of the Insurance Services Office Commercial General
Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 1 (any auto). No endorsement shall be attached limiting the coverage.
a. A policy endorsement must be delivered to District demonstrating that District, its officers,employees,agents,and
volunteers are to be covered as insureds as respects each of the following: liability arising out of activities
performed by or on behalf of Consultant,including the insured's general supervision of Consultant;products and
completed operations of Consultant;premises owned,occupied or used by Consultant;or automobiles owned,
leased,hired,or borrowed by Consultant. The coverage shall contain no special limitations on the scope of
protection afforded to District,its officers,employees,agents,or volunteers.
b. The insurance shall cover on an occurrence or an accident basis,and not on a claims made basis.
c. An endorsement must state that coverage is primary insurance and that no other insurance affected by the District
Agreement for Professional Services Page 8
will be called upon to contribute to a loss under the coverage.
d. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to
District and its officers,employees,agents,and volunteers.
e. Insurance is to be placed with California-admitted insurers.
f. Notice of cancellation or non-renewal must be received by District at least thirty days prior to such change.
Professional Liability. Where Consultant is a licensed professional,Consultant,at Consultant's own cost and expense,
shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals
performing work pursuant to this Agreement in an amount set forth in this Exhibit B covering the licensed
professionals'errors and omissions,as follows:
a. Notice that any cancellation,material change,or non-renewal of insurance must be received by the District at least
thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
b. The policy must contain a cross liability or severability of interest clause.
c. The following provisions shall apply if the professional liability coverages are written on a claims made form:
I) The retroactive date of the policy must be shown and must be before the date of the Agreement.
2) Insurance must be maintained and evidence of insurance must be provided for at least five years after
completion of the Agreement or the work.
3) If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this Agreement,Consultant must provide extended reporting
coverage for a minimum of five years after completion of the Agreement or the work. The District shall have
the right to exercise at the Consultant's cost,any extended reporting provisions of the policy should the
Consultant cancel or not renew the coverage.
4) A copy of the claim reporting requirements must be submitted to the District prior to the commencement of
any work under this Agreement.
5. Deductibles and Self-Insured Retentions. Consultant shall disclose the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement. Any self-insured retention or
deductible is subject to approval of District. During the period covered by this Agreement,upon express written
authorization of District Legal Counsel,Consultant may increase such deductibles or self-insured retentions with
respect to District,its officers,employees,agents, and volunteers. The District Legal Counsel may condition approval
of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond
guaranteeing payment of losses and related investigations,claim administration,and defense expenses that is
satisfactory in all respects to each of them.
6. Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced,limited,or
materially affected in any other manner,Consultant shall provide written notice to District at Consultant's earliest
possible opportunity and in no case later than five days after Consultant is notified of the change in coverage.
7. Remedies.In addition to any other remedies District may have if Consultant fails to provide or maintain any insurance
policies or policy endorsements to the extent and within the time herein required,District may,at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due
under the Ageement;
b. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant
Agreement for Professional Services Page 9
i
hereunder,or both stop work and withhold any payment,until Consultant demonstrates compliance with the
requirements hereof,
c. Terminate this Agreement.
Exercise of any of the above remedies,however,is an alternative to other remedies District may have and is not the
exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.
Agreement for Professional Services Page 10
I'�
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-144
Meeting 06-27
November 15, 2006
AGENDA ITEM 7
AGENDAITEM
Authorize Staff to Complete the Training Burn Approved fo Ran o de Guadalupe Area of
Sierra AzLil Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIO:::
1. Determine that the recommended actions as set out in this report are categorically exempt
under the California Environmental Quality Act (CEQA).
2. Authorize District staff to take the lead on completing a burn of the remaining area within
the "black-lined" area at Ranch de Guadalupe Area of approximately 9 acres and while
working with California Division of Forestry (CDF) and Santa Clara County Fire District
fire units on-site during the burn.
BACKGROUND
At your meeting of September 27, 2006, the Board approved an agreement with Santa Clara
County Fire Department that included a prescribed burn at Rancho de Guadalupe Area of Sierra
Azul Open Space Preserve (R-06-117). This particular burn was going to be part of the Joint
Agency Fire Academy and included training for District staff. Black-lining was completed the
week before the training burn day using District and other department staff. Unfortunately, the
scheduled time of the proposed training was during a "red flag" week and the training burn had
to be cancelled. Staff would like to complete burn within the black lined area to enhance the
native vegetation through the practice of using fire under a controlled condition. District Staff is
very capable of managing the prescribed burn; however, the District will have full responsibility
for the prescribed burn, working directly with CDF and Santa Clara County Fire District.
RESOURCE MANAGEMENT CONSIDERATIONS
The site was thoroughly evaluated as part of the initial burn permit that was approved on
September 27, 2006 by a checklist developed by CDF for vegetation management burns.
R-06-144 Page 2
CEQA COMPLIANCE
Staff concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (the California Environmental Quality Act) under Sections
15304 and 15306 of the CEQA Guidelines: Section 15304 allows activities resulting in minor
alterations to land such as grading, landscaping, filling of earth, trenching, backfilling and fuel
management activities. The proposed controlled burn is comparable to the listed activities in that
t rnation to the land. The proposed ni
ne—acre burn is considered small with
they are minor ale p p I,
negligible impact to the land. The vegetation is a grassland community. No trees will be
removed and the reduction of thatch and competitive species from the area will result in habitat
improvements.
Further exemption is covered under Section 15306, which allows for "basic data collection,
research, experimental management, and resource evaluation activities. This project will
increase the District's knowledge of the role of fire in vegetation management.
PUBLIC NOTIFICATION
Neighbors, who live adjacent to the Rancho de Guadalupe area of Sierra Azu1 Open Space
€, J P
Preserve, will be notified prior to the Burn.
Prepared by:
John Maciel, Operations Manager
Contact Person:
Same as above
I
�I
w
�
Regional Open Space
� MU0PEN1NSULA REGIONAL OPEN SPACE DISTRICT
�
�
R-O6-| |5 -
! Meeting 06-27 �
November |5, 2OO6
� /&���7�J��� ��-%��� 1� �
���^��^��^�� ° � ���,° ~" �
AGENDAKT0M
Notice of Contract Completion for the PicohcUi Winery Improvements akPiochg1i
Ranch Open Space Preserve �
� GENERAL MANAGER'S RECOMMENDATION
_��
k `
Authorize the General Manager to execute tile attached Notice of Contract Completion for the Picclietti Winery
Seismic Upgrade and Access Improvements project.
� DISCUSSION
A\the Board meeting mfMay 11, 2005, the Board awarded a contract for tile seismic upgrade and access improvements
mf tile winery bui|dingu( Piuohe�i Ranch Open Space Preserve to (�NVV Industries, Inc. oFConnpbe||, {�a|iforniu in an
amount not toexuecd $333,8U7.0O` which included a $4],54U.00 contingency (see Report R'05-49). The project
included upgrades to the un-reinforced masonry building to bring it Lip to compliance with state and county ordinances
including tile county occupancy requirements for public assembly areas. Specifically, the work included structural �
upgrades\othe floor and roof, connections to the masonry walls, wall strengthening, replacement of the west stairs that
inu|udcduncvpnruh, repaimtothcaouthporchandstuio, conutroutionofunev/ otorehrontdoorentranceut the south
vvu|| opening, and re'roofingtbm building.
� Staff recently accepted these construction improvements oacomplete, and is pleased with the performance ofCHL9/ �
Industries, |nu. Change orders totaling $19,004.31 were written for the project to cover tile increase in labor and �
| material costs resulting from a yearlong delay in obtaining the County building permit and for unexpected difficulties
� in completing few mfthe structural improvements that were impossible to anticipate until after initiating the work.
i The contract documents made provisions for these potential problems, mo the change order process proceeded
�
| amum<h|y. Therefore, the total amoun1 payable toC&VV Industries, Inc. for the project io $3Og,Z7|]l. The total |
amount of contingency that remains unspent iu $24,5]5.69. �
�
� 'File District will retain |O% of payments due toC}lVV Industries, Inc. for 3j days following the date of the District's
formal Notice of Completion and tile receipt of all waivers and releases frorn subcontractors and suppliers, in
� accordance with the contract documents. This time frame allows staff to review evidence that all payrolls, material
� bills, subcontractors, and other debts connected with tile project havebeenaddn:ayed. |
Prepared
by:
Ana Ruiz, Senior Planner, /\kC9
!
Contact:
�'�
�
Same umabove
�
�
�
�
t
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Ana Ruiz
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
DULY RECORDED WITHOUT FEE
NOTICE OF Pursuant to Government Code
Sections 6103, 27383
COMPLETION
By:
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space
District("District"), pursuant to State law, that work to be performed under the contract heretofore made and
executed by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,as Owner therein and
CRWIndusiries, Inc., as Contractor therein, bearing the date May 23, 2005 for the Piccheui Winery Seismic
Upgrade and Access Improvements at Picchetti Ranch Qpen Space Preserve located at Santa Clara County, State
of California, was completed on the 15 day of November, 2006.
Upon said contract,First National Insurance Company qf'America was surety on the bond given by said CRW
Industries, Inc., the said Contractor, as required by law.
That the title of the District to the real property upon which said work and contract was performed is that of fee
title.
That the address of the Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022.
That the site address of the work is as follows: 13100 Montebello Road, Cupertino, CA.
I certify, under penalty of perjury under the law of the State of California,that the foregoing is true and correct.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
L. Craig Britton
General Manager
Dated
Signed in Los Altos, California
ATTEST
Los Altos, CA
Clerk of the Midpeninsula Regional Open Space District Date Place
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-11-111
Meeting 06-27
November 15, 2006
AGENDA ITEM 9
AGENDA ITEM
Notice of Contract Completion for the Deck Repair at 16075 Ove o -Drive, Monte Sereno, CA
El Sereno Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute the attached Notice of Contract Completion for the deck repair
at 16075 Overlook Drive, Monte Sereno, CA, El Sereno Open Space Preserve
DISCUSSION
At the meeting of June 14, 2006, the Board awarded a contract for the deck repair at the former Hayes
residence at El Sereno Open Space Preserve to Rain Building Company of Campbell, CA in ail amount
not to exceed $91,035, including a contingency of$8,200(see Report R-06-69). The project included the
repair and replacement of deteriorated wood decking, deck railings, and the deck's support structure.
Subsequently, at the meeting of September 13, 2006, the Board authorized an increase in the contract with
Rain Building Company in an amount not to exceed $99,000 (see Report R-06-109).
Staff and the consulting engineer have inspected the construction of the deck and structural repairs and
approve them as complete. Staff has been pleased with the performance of Ram Building Company.
Change Orders totaling $12,794 brought the total cost of the project to $93,429. The amount authorized
that remains unspent is $5,571.
The District will retain 10% of payments due to Ram Building Company($9,343) for 35 days following
the date of the District's Notice of Completion and the receipt of all waivers and releases from
subcontractors and suppliers in accordance with the contract documents.
Prepared by:
John P. Dickey, Real Property Specialist
Contact person:
Michael C. Williams. Real Property Manager
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Michael Williams
I
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NOTICE OF
COMPLETION DULY RECORDED WITHOUT FEE
Pursuant to Government Code
Sectiorjs,6103, 273$�/
By; ' 1
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District
(`District"), pursuant to State law, that work to be performed under the contract heretofore made and executed by and
between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein and Ram Building
Company, as Contractor therein, bearing the date July 27, 2096 for the Deck Repair at 16075 Overlook Drive, Monte
Sereno,CA, El Sereno Open Space Preserve located in Santa Clara County, State of California, was completed on the
15'" day of November, 2006.
Upon said contract,Developers Surety And Indemnity Co. was surety on the bond given by said Ram Building Co., the
said Contractor,as required by law.
That the title of the District to the real property upon which said work and contract was performed is that of fee title.
I
That the address of the Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022.
That the site address of the work is as follows: 16075 Overlook Drive, Monte Sereno, CA.
I certify, under penalty of perjury under the law of the State of California, that the foregoing is true and correct.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
L. Craig Britton
General Manager
Dated
Signed in Los Altos, California
ATTEST
Los Altos, CA
Clerk of the Midpeninsula Regional Open Space District Date Place
i
�
^
'
Regional Omen Space
� h4UDPENINSNLA REGIONAL OPEN SPACE DISTRICT
�
R-06-|43
Meeting 06'27
November |5, 2006
AGENDA ITEM ��
^�~"��'"°,^= " " ""^," ^~^
AGENDADTEM
Rejection of All Bids for tile Skyline Field Office Heating, i dii i and Roofing
Project at Skyline Ridge Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
V^
Reject all bids received on October 16. 2006 for tile Skyline Field Office Heating, Ventilation, Air
� Conditioning, and Roofing Project a1 Skyline Ridge Open Space Preserve.
BACKGROUND
�
The H\/&C units for the Skyline Field Office,constructed in |496, are located inu well which in set into
the building's roof This roof well has developed leaks over tile years, requiring on-going monitoring and
repair during the ,uioyseason. /\ permanent solution in needed k` prevent future leaks and avoid further
building damage, with the obvious and quick solution being to close over the roof well. In order to cover
� the roof well, part ofthe R\//\C system would need (obe relocated. Also, CheH\/AC units would need to
� hc entirely replaced to meet current energy efficiency standards.
� In September 2004, staff consulted with a mechanical contractor to evaluate replacement alternatives and �
� probable costs. Based upon the selected alternative, in Septembor2005. staff solicited bids for
� replacement o[tile RVAC package units only. Roofiogwas not included in the first bid and would have
instead been completed under u separate contract. While two bids were received, only one bidder met
�
� District ncquirennents(Cold CnzD). Both bids were fairly consistent with each other, but were
substantially higher than the project budget; hidsreceivedvvereupp,ouinmate|y $\h,O0Oabove the
estimated project budget of$20,000, Consequently, all bids were rejected and the project wom deferred.
�
Funding
� The Skyline Field Office BV&C and Roofing P jcct is |is*x] umagofyf�iUty improvement in the
� Planning Department Action Plan for the current fiscal which the Board approved oil
� March 22, 2006(see Report K-06'3Q). /\t that meeting, the Board approved u total project bodgetof
$45,00Oio replace tile HV/\C units and complete the roof work(see Report Fl-U6-4O). The budget fiAuro
� was based upon tile 20O5 bid results($30`0O0), Plus a$9`UO0 allowance for roofing and permitting.
�
�
�
�
`
^
R-06-143 Page
DISCUSSION
Starting in ]unc20U6 skdTncvimx�dd� pro oc1v/iihd�ousoi$unccu[�xndv9oo/mccownirmo p|ann�� |
` —� ~ i
in preparation for a second round of bidding that included covering the leaking roof well. 'The new roof
section would have used matching shingles to help it blend with tile existing roof The existing 0V&[
units would have been removed and new high-efficiency HVAC units installed. Other changes from the
2O05 project inc|uded:
0 All necessary permit fees
* /k clarification stating tile potential need to secure additional structural and mechanical
engineering permits
° Moving the outdoor condenser unit further away toaccommodate expanding the building
footprint in the future
p Switching to u non-ozone-depleting refrigerant(as u bid alternate)
During bidding, staff conducted extensive outreach to mechanical and roofing contractors. ANcticc to
Bidders was advertised iu the San Jose Mercury News and Santa Cruz Sentinel oil September 28, 2OO6. �
Copies of the plans and specifications were sent to five area Builder's Exchange offices. Thirteen
� contractors were called to solicit interest, and were subsequently mailed acomnp\e\e bid package. /& non-
mandatory pre-hid meeting was held at the project site oil October 5, 2006 that was attended by five
� interested contractors. Reminder calls were made to all plan holders prior tothe pre-bid meeting and hid
�
� opening. Sealed bids were due on October 16, 2006und 2 bids were received, summarized unfollows:
Cold Craft, Inc. Los Gatos $76,781
Bidder Business Location Total Bid
Total Air Balance Co. San Jose $3,000*
�
�
�
� �~ Not u responsive bid-bid proposal covered only a small portion m the work and was not submitted^o required District mmo �
� With only one responsive bid, staff proceeded with contacting references and verifying submittals and
� licenses in the event Cold Craft, |no., would be awarded the bid. Cold Craft was found tobe extremely
well regarded by public sector clients, qualified to perform the work, and mn«t all necessary bidding
requirements.
� Unfortunately, the revised bid im significantly higher than the estimated cost and the F"/ 2OOO-07budget.
Since the bid was neceivcd staff further. Aconn]in�k/ �
, �
Cold Craft, u number of changes occurred since the 2005bidding that explain the difference between the
2O05 and 2U06bids. The most significant include the addition of roofing work and related engineering
costs, permit fees, increased costs for labor and bonding, higher insurance requirements, and tile
� complexity of public agency contracts.
� To further evaluate the bid" staff also contacted an outside mechanical contractor who received the bid
package and attended tile pre-bid meeting but chose not tm bid tile project ducto |uburimmuem. According
to this contractor, had he bid, tile bid proposal would have been between $65,000 and $70,000,which is
difference o[between 796and \3Y6bnm tile Cold Craft bid.
�
� District staff has also carefully reviewed tile scope of work and does not feel that any changes can be
made (oSubstantially reduce the costs while ob\) meeting project goals. If the District were to try and m- �
bid, it is very likely that any proposal received would not differ Substantially in price and in fact may �
increase io cost given that the construction industry to be i uingayeupover-yeurcoot
> escalation o[\5-20%. Moreover, it is unlikely that a third round of bidding would attract new qualified
^ ^
R-06-143 Page
� bidders given the extensive contractor outreach and solicitation that was conducted during the last two
rounds ofbidding.
�
Given the high cost of the one valid bid proposal, Planning convened with Operations staff to further �
understand the level of priority for this project uodthogruvityoftbe |eakandBV&Cprobicms1hu1thc /
Skyline Field Office iaexperiencing. Leaks have not been un issue in the last year ever since u separate
�
contractor properly sealed the roof well penetrations; the existing B\/}\C unit will at times freeze ill the �
| winter, but field staff are adept at quickly dc'fruezingihe unit to remedy the problem. Also,during our �
� discussions With Operations staff, other facility concerns and needs were raised with higher priorities that �
merit n reconsideration ofthe entire HV&C and roof pr ��c� Thre� inu|ud� ospondin��h�nxisdn���|d �
project. �
office facility to include m mud room and insulating and re-roofing the existing shop building. �
�
CONCLUSION �
Since the bid from Cold Craft is much higher than what was anticipated by staff, and giventile extensive
outreach that was conducted hosolicit interested bidders and the fact that only one valid bid was received
for the first and second round of bidding from the sarne contractor, staff recommends rejectingall bids.
Planning also recommends delaying future bidding until after an assessment ofoverall staff facility needs
� is conducted for Skyline Field 0f5o� given the staff to expand ib�existing field office to
|
� ' �
| accommodate growing staff needs. Bv postponing the work, staff can properly size the R\/AC unit to �
| accommodate any potential additional expansion of the building and design all appropriate roof to
� accommodate the additional square footage. Also, the HV/\C and roof work can then be prioritized with |
| other potential facility improvements k/ help take advantage of possible eoonornienofscale. �
| �
| Prepared by: i
� |
! Sandy bnmmer, A|C9. ASLA, Planning Consultant �
| Ana Ruiz, &\CP. Senior Planner
1
! Contact Person: �
� Ana Ruiz, A|{�F� Senior Planner �
� '
�
i
�
�
�
�
�
1 �
�
�
�
�
�
�
�
�
|
�
�
�
RegionalOpen Space
�
� MV0PEN|NSNKA REGIONAL OPEN SPACE DISTRICT
ll-O6-\34
MoetingUh-27
November 15, 2006
AGENDA ITEM � �
� ^�~^""^`^�'� = ~ ��^," �"
� AGENDAIT0M
| Annual Seasonal Trail Closures Informational Report
| �
GENERAL MANAGER'S RECOMMENDATION
Review and connnnen/on proposed trail closures. No fbnnu| Board action is required.
�
� DISCUSSION |
� At your August 24. 1988 meeting,you asked to be informed prior to any action that may be taken regarding tile
� closing ofuny trail \mbicycle and/or equestrian use.
� Closures are designated as seasonal and interim closures, and are based on concerns for trail safety and resource
damage during winter conditions. The scumonu| u|msuoc designation is for trails u|oncd during extremely wet
conditions and/or when new construction presents concern about potential resource damage, usually between the |
�
� months of November and April.
�
Interim closure status is applied to trails, which are closed temporarily pending the application of Board-adopted
trail use guidelines in tile Use and Management review process. During fiscal year 20O5'2006the Planning
� Department evaluated four trails that had been closed on an interim basis. Rmecd upon the recommendations of the
� Use and Management Committee, the Bound adopted final buii use designations for these trails(see report l{-05'
| l2)) Th� �ua} uU$usiyncU�ci�duntb� u�uobcdchuM� Th�,� urcno |ouArrunyUni|� whiohur�cun�ndyou6ieot
� � '
\o the in0crim,"closure status. 8uvvevmr, we retain the definition in dle report in the event that it is needed in the
future.
In keeping with the Board's requests in prior years, the uhomgoo to ihe mkak/u of trails from the prior year's table is
shown in stFikeout t4ii for removed items, and underline format for added items.
� The exact extent o[the necessary closures will be determined by the weather, but staff wishes io include the full
� range of possible c|omun:m to ensure that adequate notice is given. More inho,nuo1iun is provided on the uUuuhcd
� chart.
� .
The General Manager intends to approve staff trail Closure recommendations, contingent upon your comments and �
any public input nt Your November 15 nnccbng.
Prepared by:
Gordon Bai||ie, Management Analyst Michael Newbucn, Area Superintendent
Matt Freeman, Planning Manager David Sanguind1i, Area Superintendent
Contact person:
� John Mucicl, Operations Manager
R-06-134 Page 2
PROPOSED SEASONAL AND INTERIM `IRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS
(See definition of"Seasonal' and "Interim" below)
Preserve Trail Bicyclists Equestrians Comments
I. Bear Creek Aldercroft 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 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 Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain.
Madera
Leaf Trail Seasonal Seasonal Trail is highly susceptible to damage during extended periods of rain.
Virginia Mill Seasonal Seasonal "
Giant Salamander Seasonal Seasonal Trail was identified in the geological survey report as being a source of
sedimentation.
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.
5. Monte Skid Road Trail to Canyon Trail Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded
Bello (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. Pie hetti Zinfandel m :i Closed i+ x
l J Closed
*=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
R-06-134 Page 3
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS
(See definition of"Seasonal"and "Interim"below)
Preserve Trail Bicyclists Equestrians Comments
7. 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
t, r,.ir,t Trail i#ttt #t3 itE'lindin'o, seasonally wet tFail with poeF line of sigh!
Closed Closed
Do.-..,.,.-..:,„t status pending t I M reviem, process. Alternate ..t,a
ava e.
Grabtown Trail Trail repairs from the El Nino storms completed. Re-routed trail needs
Seasonal Seasonal first year to settle.
8. Rancho Sari interim Open Permaneflt status pending U& M FeVieW PFOeess.
Antonio Closed
9. Saratoga Saratoga Gap Trail Seasonal Seasonal Generally wet conditions during the winter. Damage can occur if open.
Gap
10. Skyline RidgeTrail south of HeFseshoe fntenffi lnter+fli Permanent stattis pending U&M review process. A ltefflate routes
ridge Closed Closed available.
11. Windy Hill Razorback Ridge Trail Closed Seasonal Constructed to average three-foot width. Staff anticipates closures during
and immediately following heavy rainfall. There has been ongoing tread
damage to this trail,due to use.
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
he that is resent can have a significant impact.
trail, butt use g
P P
Hamm"s Gulch Trail Closed Seasonal Same conditions as above.
*=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
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5802 $300.00 Alice Cummings Photographic Services-Grant Application
5803 $141.05 Allied Waste Services Garbage Service
5804 $38.45 American Messaging Pager Service
5805 $38.97 Anderson Engraving Engraving-Name Badges
5806 $221.17 Antolin,Noelle Reimbursement-Mileage
5807 $389.52 Aramark Uniform Expenses
5808 $1,74413 AT&T Telephone Service-AO, FFO&SFO/Voice Mail
Service-AO/Alarm Service-FFO/Fax Service-SFO
5809 $12.21 AT&T/Verizon Long Distance Fax Service-SFO&FFO
5810 $60.00 Bankosh, Michael Reimbursement-Cell Phone
5811 $391.87 Big Creek Lumber Lumber Materials
5812 $390,00 Bill's Towing&Recovery Tow Truck Fees
5813 $3,103.91 Bowerman Electric Electric Repairs-Quam Residence
5814 $35.43 Cascade Fire Equipment Company Field Supplies
5815 $60.00 City Of Mountain View Facility Rental Fee-Staff Holiday Lunch
5816 $500.00 *1 City Of Mountain View Facility Security Deposit-Staff Holiday Lunch
5817 $504.80 CMK Automotive Inc. Vehicle Maintenance&Repairs
5818 $119.00 Coastal Sierra, Inc. Internet Service-SFO
5819 $799.70 Coastal Tractor Tractor Repairs
5820 $1,124.41 Costco Office& Field Supplies
5821 $384.00 County Of Santa Clara- Review Of Radio Needs Assessment Report
Communications Department
5822 $53,117.53 CRW Industries, Inc, Seismic Upgrade&Access Improvements-Picchetti
Winery
5823 $290.77 CSK Auto Vehicle Supplies
5824 $45.00 Cupertino Glass&Windows Vehicle Supply
5825 $11.38 Davison,Steve Reimbursement-Uniform Expense
5826 $59.00 Downing, Brendan Reimbursement-EMT Recertification Class
5827 $348.50 Environmental Science Associates Consulting Services-Environmental Review For
Proposed Land Exchange
5828 $600.08 Evelyn Tetard Accommodations-Rental For Ranger Attending Law
Enforcement Academy
5829 $134,91 FedEx Shipping Charges
5830 $12,670,72 *2 First Bankcard Field Supplies-1,314.13 Office Supplies-1,087.71
Computer Expenses-776.26 Local/Out Of Town
Business Meetings-1 90.21 Conferences&Training-
6,560,99 Special Event Supplies-1,990.96
Advertising/Subscriptions/Books-750.46
5831 $325,02 Forestry Suppliers, Inc. Field Supplies
5832 $7.58 Foster Brothers Lock&Key Services
5833 $50.00 *3 Foundation Of CSUMB Registration-War On Weeds Symposium
5834 $6237 G& K Services Shop Towel Service
5835 $1,469.06 Gardenland Power Equipment Field Supplies
5836 $6,800.00 Gary Marciel Excavating Road Grading-Quam Driveway
5837 $116.72 Goo ass
ass Inc, Printing Services-Shift Change Forms
5838 $292.55 eat Prinng&Copies Printing Services-Volunteer Newsletter
5839 $460.00 d*reen Waste Recovery, Inc. Garbage Service-SFO
5840 $842.73 Hertz Equipment Rental Equipment Rental-Excavator For ECDM Watershed
Protection Program
5841 $725.00 Hewlett-Packard Express Service 1 Year Support Services-HP Printer
5842 $892.55 Home Depot Field Supplies&Equipment
5843 $91.77 Hooper, Stan Reimbursement-Conference Expenses
5844 $1,560.58 HortScience, Inc. Consulting Services-Bay Tree Evaluation-RSA
Page 1 of 4
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5845 $486.09 Jackson-Hirsh, Inc. Laminating Pouches
5846 $869.70 Jakaby Engineering Design&Engineering Services-Overlook Drive Deck
Repairs
5847 $245.05 Lab Safety Supply Field Supplies
5848 $546.21 Langley Hill Quarry Rock-Quam Driveway&Giant Salamander Project
5849 $11,290.88 LFR Levine Fricke Planning Services-Skyline Ridge Tree Farm Restoration
Project
5850 $20.340.96 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas
Ridge
5851 $149.51 Life Assist First Aid Supplies
5852 $10,973,65 Lorick Associates Consulting Services-Land Management Cost Evaluation
&Efficiency Study
5853 $571.65 Los Altos Garbage Company Garbage Service-FFO&AO
5854 $1,114.51 Los Altos Garbage Company Recycling Service-FFO
5855 $3,287.41 Macro Corporation Assessment&Plan For Improvement Of District's Two
Way Radio System
5856 $1,00473 Manning, Meredith Reimbursement-Conference Expenses&Mileage
5857 $400,00 Matt Mann Web Design Services
5858 $406.33 Metro Mobile Communications Radio Repairs, Reprogramming&Supplies
5859 $4,500.00 Mike Tobar Excavation Cleanup-Forde Property
5860 $472.50 Normal Data Database Consulting
5861 $640,000.00 ## Old Republic Title Company Property Purchase-Purisima Creek
5862 $1,368.89 Orchard Supply Hardware Field Equipment&Supplies
5863 $104.88 Pacific Water Systems Water System Supplies
5864 $448.79 Peninsula Transmission Service, Inc, Vehicle Repairs
5865 $322.11 Peterson Tractor Co. Tractor Supply
5866 $189.47 Pine Cone Lumber Lumber/Deck Materials-Overlook Residence
5867 $289.35 Post Haste Direct Mail Services Mail House Services
5868 $20.99 Precision Engravers, Inc. Name Tag Engraving
5869 $85,90 Rancho Ace Hardware&Garden Shop Field Supply
5870 $43.00 Rancho Cobbler&Cleaners Uniform Alteration
5871 $943.11 Redwood General Tire Co., Inc. Tires
5872 $994.75 Rich Voss Trucking,Inc. Rock Delivery-Quam Driveway
5873 $163.20 Robert's Hardware Field Supplies
5874 $1,094.66 Roessler,Cindy Reimbursement-Mileage&Conference Expenses
5875 $3,250.01 Roy's Repair Service Vehicle Repairs&Service
5876 $94.20 Royal Brass Inc. Field Supplies
5877 $4,177.08 Sage Associates Grazing Consulting Services
5878 $347,44 San Jose Mercury News Legal Advertisement-Invitation To Bid-SFO HVAC
Project&Roof Repair
5879 $379.90 San Jose Water Company Water Service
5880 $6,000,00 San Mateo County Department Of Bay Area Ridge Trail Feasibility Study
Parks
5881 $3.489,00 *4 San Mateo County Planning&Bldg Grading Permit-Skyline Ridge
Division
5882 $1,305.14 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project
5883 $1,459.12 Sears Appliances-Rental Residence
5884 $87.75 Second Cup Caf(§ Local Business Meetings
5885 $919.34 Sharol Nelson-Embry Seasons Of Open Space-Display At Daniels Nature
Center
5886 $8,468.21 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation
5887 $50.00 Special Collections Library-California Image For Use In Winter Newsletter
Academy Of Sciences
Page 2 of 4
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5888 $69.95 Specialty Truck Parts, Inc. Vehicle Supply
5889 $558.57 Summit Uniforms Uniform Expenses
5890 $307.50 United Site Services, Inc. Sanitation Services-FFO
5891 $6,000,00 United States Postal Service Postage For Postage Machine
5892 $169.96 West Payment Center LegalBooks
5893 $13153 West Tek Supply, Inc. Field Supplies
5894 $234.47 Williams, Mike Reimbursement-Cell Phone&Mileage
5895 R $55.43 AT&T Telephone Service-AO
5896 R $260.19 California Water Service Company Water Service-FFO
5897 R $104.50 Casaretto, Mark Reimbursement-Uniform Expense
5898 R $167,72 Clean Source Janitorial Supplies-AO
5899 R $1,928.79 CMK Automotive Inc. Vehicle Maintenance&Repair
5900 R $41.12 CSK Auto Vehicle Supply
5901 R $60.00 Downing, Brendan Reimbursement-Cell Phone
5902 R $1,000.00 Eflexgroup,com Cafeteria Plan Agreement
5903 R $532.80 FedEx Kinko's Printing Services
5904 R $50.00 *5 Foundation Of CSUMB Registration-War On Weeds Symposium
5905 R $1,000.00 Hulberg&Associates Appraisal Fees
5906 R $205.40 Interstate Traffic Control Products U-Channel Sign Posts
5907 R $24,750,00 King Grading Road Repairs-Bear Creek Redwoods
5908 R $65.41 Metro Mobile Communications Radio Repair
5909 R $25.00 National Notary Association Notary Insurance Renewal-S. Rice
5910 R $1,550.00 Orrin Chrisman Engineering&Technical Support For Website
5911 R $178.17 Petty Cash Local Business Meetings,Training,Office Supplies, Staff
Activities
5912 R $50,00 Poray Imageworks Printing Services
5913 R $125.00 Priority 1 Vehicle Repair
5914 R $432.10 PT Armor, Inc. Uniform Expense
5915 R $12313 Quality Toner Products Toner Cartridge
5916 R $46.25 Rayne Of San Jose Water Conditioning Service
5917 R $167,77 Redwood Trading Post Uniform Expense
5918 R $42,02 Roy's Repair Service Vehicle Repairs&Service
5919 R $197.08 Safety Kleen Solvent Tank Service
5920 R $424,88 State Of California Department Of Vehicle Procurement Fee
General Services
5921 R $101.55 Stevens Creek Quarry, Inc. Rock-Pulgas Ridge Trail
5922 R $250.15 Sunnyvale Chevrolet Vehicle Repair
5923 R $4,581,20 Timothy C. Best,CEG Road&Trail Inventory-San Francisquito Creek
Watershed
5924 R $94.64 United Parcel Service Parcel Shipping
5925 R $380.92 United Site Services Sanitation Services
5926 R $155.51 West Coast Aggregates, Inc. Rock-Pulgas Ridge Trail
5927 R $50.00 Wildland Solutions Books/Training Materials
5928 R $276.84 Xpedite Systems, Inc. Fax Broadcast System Services
Page 3 of 4
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
Total $871,036.46
*1 Urgent Check Issued 11/8/06
*2 Urgent Check Issued 10/27/06
*3 Urgent Check Issued 11/7/06
*4 Urgent Check Issued 11/8/06
*5 Urgent Check Issued 11/9/06
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 4 of 4
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Midpeninsula Regional Open Space District
# Amount Name Description
5802 $300.00 Alice Cummings Photographic Services-Grant Application
5803 $141.05 Allied Waste Services Garbage Service
5804 $38.45 American Messaging Pager Service
5805 $38.97 Anderson Engraving Engraving-Name Badges
5806 $221,17 Antolin, Noefle Reimbursement-Mileage
5807 $389.52 Aramark Uniform Expenses
5808 $1,744.73 AT&T Telephone Service-AO, FFO&SFO/Voice Mail
Service-AO/Alarm Service-FFO/Fax Service-SFO
5809 $12.21 AT&T/Verizon Long Distance Fax Service-SFO&FFO
5810 $60.00 Bankosh, Michael Reimbursement-Cell Phone
5811 $391.87 Big Creek Lumber Lumber Materials
5812 $390.00 Bill's Towing&Recovery Tow Truck Fees
5813 $3,103.91 Bowerman Electric Electric Repairs-Quam Residence
5814 $35.43 Cascade Fire Equipment Company Field Supplies
5815 $60.00 City Of Mountain View Facility Rental Fee-Staff Holiday Lunch
5816 $500.00 *1 City Of Mountain View Facility Security Deposit-Staff Holiday Lunch
5817 $504.80 CMK Automotive Inc. Vehicle Maintenance&Repairs
5818 $119.00 Coastal Sierra,Inc. Internet Service-SFO
5819 $799.70 Coastal Tractor Tractor Repairs
5820 $1,124A1 Costco Office&Field Supplies
5821 $384.00 County Of Santa Clara- Review Of Radio Needs Assessment Report
Communications Department
5822 $53,117.53 CRW Industries, Inc. Seismic Upgrade&Access Improvements-Picchetti
Winery
5823 $290.77 CSK Auto Vehicle Supplies
5824 $45.00 Cupertino Glass&Windows Vehicle Supply
5825 $1138 Davison,Steve Reimbursement-Uniform Expense
5826 $59.00 Downing, Brendan Reimbursement-EMT Recertification Class
5827 $348.50 Environmental Science Associates Consulting Services-Environmental Review For
Proposed Land Exchange
5828 $600.08 Evelyn Tetard Accommodations-Rental For Ranger Attending Law
Enforcement Academy
5829 $134,91 FedEx Shipping Charges
5830 $12,670.72 *2 First Bankcard Field Supplies-1,314.13 Office Supplies-1,087.71
Computer Expenses-776.26 Local/Out Of Town
Business Meetings-190.21 Conferences&Training-
6,560.99 Special Event Supplies-1,990.96
Advertising/Subscriptions/Books-750.46
5831 $325.02 Forestry Suppliers, Inc. Field Supplies
5832 $7.58 Foster Brothers Lock& Key Services
5833 $50.00 *3 Foundation Of CSUMB Registration-War On Weeds Symposium
5834 $62,77 G&K Services Shop Towel Service
5835 $1,469.06 Gardenland Power Equipment Field Supplies
5836 $6,800.00 Gary Marciel Excavating Road Grading-Quam Driveway
5837 $116,72 Goodco Press Inc. Printing Services-Shift Change Forms
5838 $292.55 Great Printing&Copies Printing Services-Volunteer Newsletter
5839 $460.00 Green Waste Recovery, Inc. Garbage Service-SFO
5840 $84273 Hertz Equipment Rental Equipment Rental-Excavator For ECDM Watershed
Protection Program
5841 $725.00 Hewlett-Packard Express Service 1 Year Support Services-HP Printer
5842 $892.55 Home Depot Field Supplies&Equipment
5843 $91.77 Hooper, Stan Reimbursement-Conference Expenses
5844 $1,560.58 HortScience,Inc, Consulting Services-Bay Tree Evaluation-RSA
Page 1 of 3
Claims No. 06-20
Meeting 06-27
Date 11/15/06
Midpeninsula Regional Open Space District
# Amount Name Description
5845 $486.09 Jackson-Hirsh, Inc. Laminating Pouches
5846 $86970 Jakaby Engineering Design&Engineering Services-Overlook Drive Deck
Repairs
5847 $245.05 Lab Safety Supply Field Supplies
5848 $546.21 Langley Hill Quarry Rock-Quam Driveway&Giant Salamander Project
5849 $11,290.88 LFR Levine Fricke Planning Services-Skyline Ridge Tree Farm Restoration
Project
5850 $20,340.96 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas
Ridge
5851 $149.51 Life Assist First Aid Supplies
5852 $10,973,65 Lorick Associates Consulting Services-Land Management Cost Evaluation
&Efficiency Study
5853 $571.65 Los Altos Garbage Company Garbage Service-FFO&AD
5854 $1,114,51 Los Altos Garbage Company Recycling Service-FFO
5855 $3,287.41 Macro Corporation Assessment& Plan For Improvement Of District's Two
Way Radio System
5856 $1,004.73 Manning,Meredith Reimbursement-Conference Expenses&Mileage
5857 $400-00 Matt Mann Web Design Services
5858 $406.33 Metro Mobile Communications Radio Repairs, Reprogramming&Supplies
III
5859 $4,500.00 Mike Tobar Excavation Cleanup-Forde Property
5860 $472.50 Normal Data Database Consulting
5861 $640,000.00 ## Old Republic Title Company Property Purchase-Purisima Creek
5862 $1,368.89 Orchard Supply Hardware Field Equipment&Supplies
5863 $104,81 Pacific Water Systems Water System Supplies
5864 $448.79 Peninsula Transmission Service, Inc. Vehicle Repairs
5865 $322.11 Peterson Tractor Co. Tractor Supply
5866 $189.47 Pine Cone Lumber Lumber/Deck Materials-Overlook Residence
5867 $289.35 Post Haste Direct Mail Services Mail House Services
5868 $20.99 Precision Engravers, Inc. Name Tag Engraving
5869 $85.90 Rancho Ace Hardware&Garden Shop Field Supply
5870 $43.00 Rancho Cobbler&Cleaners Uniform Alteration
5871 $94311 Redwood General Tire Co.,Inc. Tires
5872 $994.75 Rich Voss Trucking, Inc. Rock Delivery-Quam Driveway
5873 $163.20 Robert's Hardware Field Supplies
5874 $1,094.66 Roessler,Cindy Reimbursement-Mileage&Conference Expenses
5875 $3,250.01 Roy's Repair Service Vehicle Repairs&Service
5876 $94.20 Royal Brass Inc. Field Supplies
5877 $4,177.08 Sage Associates Grazing Consulting Services
5878 $347.44 San Jose Mercury News Legal Advertisement-Invitation To Bid-SFO HVAC
Project& Roof Repair
5879 $379.90 San Jose Water Company Water Service
5880 $6,000.00 San Mateo County Department Of Bay Area Ridge Trail Feasibility Study
Parks
5881 $3,489.00 *4 San Mateo County Planning&Bldg Grading Permit-Skyline Ridge
Division
5882 $1,305.14 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project
5883 $1,459.12 Sears Appliances-Rental Residence
5884 $87.75 Second Cup Cafe Local Business Meetings
5885 $919,34 Sharol Nelson-Embry Seasons Of Open Space-Display At Daniels Nature
Center
5886 $8,468.21 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation
5887 $50,00 Special Collections Library-California Image For Use In Winter Newsletter
Academy Of Sciences
Page 2 of 3
Claims No. 06-20
Meeting 06-27
Date 11115/06
Midpeninsula Regional Open Space District
# Amount Name Description
5888 $69,95 Specialty Truck Parts, Inc. Vehicle Supply
5889 $558.57 Summit Uniforms Uniform Expenses
5890 $307.50 United Site Services, Inc. Sanitation Services-FFO
5891 $6,000.00 United States Postal Service Postage For Postage Machine
5892 $169.96 West Payment Center Legal Books
5893 $133.53 West Tek Supply, Inc. Field Supplies
5894 $234.47 Williams,Mike Reimbursement-Cell Phone&Mileage
Total $831,562.89
*1 Urgent Check Issued 11/8/06
*2 Urgent Check Issued 10/27/06
*3 Urgent Check Issued 11[7/06
*4 Urgent Check Issued 11/8/06
In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 3 of 3
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
i
TO: Board of Directors
FROM: L. Craig Britton, General Manager
i
DATE: November 9, 2006
RE: FYI's
i
I
i
Regional Open Sp., -,e
-----------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 25, 2006
David Hinds
100 E. Middlefield Road, Apt. 6F
Mountain View, CA 94043
Dear Mr. Hinds:
On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I
would like to thank you for your recent generous donation. Your continued support and
commitment to open space preservation and the District's programs are very much
appreciated!
Contributions such as yours demonstrate the cooperative effort that is necessary if we are
to accomplish our goal of securing a continuous greenbelt. Your$500.00 donation will
be put to good use as the District continues to protect public open space, including the
abundant wildlife and natural habitats it hosts.
Again, thank you for your generous contribution to help preserve open space in the
midpeninsula area.
Sincerely,
C."' '-'77
Jed Cyr, President
Board of Directors
JC/ec
33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Regional Open Sp. _re
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
October 25, 2006
Harold T. Black
200 Almond Ave.
Los Altos, CA 94022
Dear Mr. Black: j
On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I
would like to thank you for your recent generous donation. Your support and
commitment to open space preservation and the District's programs are very much
appreciated!
Contributions such as yours demonstrate the cooperative effort that is necessary if we are
to accomplish our goal of securing a continuous greenbelt. Your$1,000.00 donation will
be put to good use as the District continues to protect public open space, including the
abundant wildlife and natural habitats it hosts.
Again, thank you for your generous contribution to help preserve open space in the
midpeninsula area.
Sincerely,
Jed Cyr, President
Board of Directors
JC/ec
33o Distel Circle 650-691 i2oo infa@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr,
GENERAL MANAGER: III
C.Ni
L.Craig Britton
Los Altos ca 94022-1404 650 6gi 0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth9 II
I,
I
Regional Open Sp. _e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 19, 2006
i
Peiley Lau
Co-President
Monte Bello Ridge Environmental Outdoors Club
Wilcox High School
3250 Monroe Street
Santa Clara, CA 95051
Re: Monte Bello Open Space Preserve
Dear Peiley:
Thank you for taking the time to write the Board of Directors of Midpeninsula Regional Open
e District District regarding Wilcox High School's "Monte Bello Ridge"program and
Space (District) g g g
your interest in building a relationship with the District. All of us at the District are excited to
hear about so many young people who are interested and eager to contribute time and energy to
the environment.
A key component of the District's mission is to provide opportunities for ecologically sensitive
and education. A number of possibilities are available to continue your spe
cial
public enjoyment p
connection with Monte Bello
Preserve, incl
uding arranging gvolunteer projects and
docent-led activities. In addition, you may want to consider attending a Board meeting to learn
about the management of District preserves. Julie Norton, the Supervisor of Community
Programs, can serve as a point of contact for the District and can help you arrange these
activities. She can be reached at (650) 691-1200.
" School has both a distinguished
It sounds like the Monte Bello Ridge program at Wilcox High Sc g
history and a promising future. We look forward to providing opportunities for your students to
get to know Monte Bello Preserve on a deeper level.
Sincerely,
YX" J�e
Cyr✓Board President
JC:jn
Cc: Julie Norton, Community Programs Supervisor
Mike Buncic, Biology Teacher, Wilcox High School
33o Distel Circle 650-69rizoo info@openspace.org BOARD or DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Regional Open S1.-_ e
1
October 27, 2006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. David Chesterman
Capital Program Services Division Manager
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3686
Re; Draft 2006/2007 5-Year Capital Improvement Program
Dear Mr. Chesterman,
It was a pleasure meeting with you on September 21, 2006 to learn about the Santa Clara
Valley Water District's (SCVWD)Draft 2006/2007 5-Year Capital Improvement
Program. We appreciate the opportunity to participate in the process as SCVWD
considers new projects to include in the 5-Year Program. The Mitigation and
Environmental Enhancement Capital Improvement Programs in particular are very well
S
aligned with the mission and goals of the Midpeninsula Regional Open pace District
(MROSD). We have identified a number of potential land purchase, open space
planning, and capital improvement projects that appear well suited for inclusion in the
SCVWD's 5-Year Capital Improvement Program within these program areas.
The Stream Maintenance Mitigation Program includes funding for stream and watershed
land preservation. MROSD is actively pursuing opportunities to purchase properties
within the Guadalupe River Watershed as additions to our Sierra Azul Open Space
Preserve. There are a number of properties that would provide excellent partnership
opportunities between our agencies to help protect and restore water quality. Currently,
MROSD is working with SCVWD on several projects including the acquisition of the
238-acre Stevens Canyon Ranch property meeting the land preservation component of
the Stream Maintenance Program, the U-Frame Channel Fish Passage Modifications
project along Guadalupe Creek to complete the Upper Guadalupe River Flood Control
Project, and a potential land acquisition project under the Source Water Protection
Program at the Twin Creeks area above Almaden Reservoir.
Sierra Azul and other MROSD preserves within Santa Clara County are located in the
upper headwaters of sensitive watersheds. Within the Guadalupe, Los Gatos, and
Alamitos Creek Watersheds, we have identified a number of important capital
improvement projects necessary to protect water quality and reduce the potential for
sedimentation. These projects include replacement of undersized culverts with clear span
bridges, closure and restoration of poorly aligned legacy roads, and upgrade of patrol
roads and trails using Best Management Practices for erosion control. Many of these
projects have associated stream channel, riparian corridor, and wildlife habitat restoration
components. We believe that these projects would be excellent candidates for the
Environmental Enhancement Program.
33o Distei Circle 650-69r1200 info@apenspace.org BOARD of DIRECTORS:Pete Siemens,Mary Davey,led Cyr,
GENERAL MANAGER:o-6 1-o 8 fax www.a ens ace.or Deane tittle,Nanette Hanko,tarry Hassett,Kenneth C.Nittz L Craig Britton
6 B
Los Altos cn 94oaz�404 5 9 4 5 p P
Mr. David Chesterman Page 2
Capital Program Services Division Manager
October 27, 2006
We are currently in the process of preparing comprehensive master plans for Sierra Azul
and Bear Creek Redwoods Open Space Preserves. Together, these preserves encompass
over 18,000 acres of open space and include more than ten miles of perennial stream
frontage. We believe that the master planning process represents an important
opportunity for SCVWD to collaborate with MROSD in the development of these plans.
Benefits to SCVWD include opportunities for sharing natural resources data that could be
incorporated into the.Santa Clara County Habitat Conservation Plan, and identification of
mitigation sites for upcoming SCVWD projects including steam bank and riparian forest
restoration, fish barrier removal, culvert removal, and water quality improvement sites.
Attached under separate cover is a copy of a letter sent to Mr. Fiedler in May 2003 that
elaborates on the benefits to SCVWD of making a financial contribution in the amount of
$50,000 towards the master plan.
Again, we appreciate the opportunity to participate in the development of the 5-Year
Capital Improvement Program. We look forward to meeting with you and other SCVWD
staff to further discuss potential capital improvement projects and other collaborative
efforts that would benefit our agencies. In the meantime, if you have questions or if you
would like more information, please feel free to contact Matt Freeman,Planning
Manager, at (650) 691-1200 or via email at mfreeman@openspace.org.
Sin rely,
L. Craig Britton
General Manager
LCB:mf:jb
Regional Open Sp; e
---------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 2, 2006
Honorable Liz Kniss
Office of the Board of Supervisors
County Government Center East Wing
70 West Hedding Street, I01h Floor
San Jose, CA 95110
Dear Honorable Kniss:
In May 1996, a Joint Powers Agreement was executed by and between Midpeninsula Regional
Open Space District and the County of Santa Clara, for the purpose of forming the Midpeninsula
Regional Open Space District Financing Authority. This Authority provides enhanced
opportunities for long-term financing of District land purchases and was created with the full
cooperation and endorsement of the County.
The Authority Board is comprised of four members of the District's Board of Directors and the
member of the Santa Clara County Board of Supervisors whose district encompasses the greatest
territory of the District. That is currently District 5, making you the designated representative on
the Authority Board.
The Authority Board is required to hold a minimum of one meeting per calendar year. We have
scheduled that meeting for Wednesday,November 15, 2006, beginning at 7:15 p.m. here at the
District office in Los Altos. It is expected to be a very short meeting, consisting of action to
approve the annual financial report and an additional borrowing. In addition, your staff informed
°d 1 to attend this meeting due to other commitments.
that you mi
ght ht not be able us o n November 2 g
Y g
However, we will mail an agenda to you prior to the meeting in hopes that you might be able to
attend.
Please feel free to contact me at (650) 691-1200 if I can answer any questions or provide further
information.
Sin rely,
L. Craig Britton
General Manager
cc: MROSD Board of Directors
Board of Supervisors
33
o Distel Circle 650-6gt-1200 info@Openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey Jed Cyr, GENERAL MANAGER:
Craig Britton
Los Altos cn 94022-1404 650 6gi-o485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.C g B
RECEIVED
B A Y AREA OCT 26 2A6
RIDGE TRAILr-a�y,M,, -
COUNCIL M11 11EWNAL0MV
SACS 0%M*CT
October 24, 2006
Julie Norton
Community Programs Supervisor
Midpeninsula Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Julie,
Thanks to everyone at MidPen for the generous sponsorship, logistical support and day-
of help for our first-ever Ridge Trail Cruz on October 7, 2006. You and the rest of the
MROSD staff were extremely helpful in so many ways, including the permit process, the
scouting hikes and the amazing support you provided on event day. Special thanks to
Steve Davison, Craig Beckman, Elisa Wickham, Dennis Danielson, John Lloyd, Paul
McKowan, Gordon Baille, Jennifer Willams and you.
Putting together this new event was an exercise in planning and volunteer management.
We learned a lot and hope to repeat the event in future. In particular, we're proud that we
had hikers, mountain bicyclists, and equestrians all out using the trail together; over 80
participants in-all. There was also participation by children and teenagers, which was a
first for us. We hope to get even more people out there to enjoy the Ridge Trail next
year, and we hope that MROSD will again be an event-partner.
The funds we raised will be used to plan, build, and maintain the Ridge Trail. Our
warmest thanks to you and everyone at MROSD for stepping up again to support our
work.
Best Wishes and Happy Trails,
Karen Kidwell Robin Drysdale
Development Director Volunteer Coordinator
CC: Craig Britton
Jed Cyr
Janet McBride
1007 GENERAL KENNEDY AVENUE,SUITE 3,SAN FRANCISCO,CALIFORNIA 94129-1405
PHONE(415)561-2595 FAX(415) 561-2599 www.ridgetraii.org infoOridgetrail.org
i
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Kristi Britt
October 12, 2006 Public Affairs Specialist
(650)691-1200
POND TURTLES TO VISIT "TURTLE ISLAND"
District Works with Local Eagle Scout Troop to Install a Floating "Turtle Island"in Alpine
Pond Near the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve
LOS ALTOS, CA [October 12, 2006] —This Saturday, October 14, 2006, Eagle Scout Troop #466 in
Sunnyvale will be assisting the Midpeninsula Regional Open Space District in providing a sanctuary for the
Western Pond Turtle. For his Eagle Scout project, scout Dylan Daniels with the support of a dozen of his
fellow scouts designed and built the first-ever, floating "turtle island," or platform, that will be installed by
the troop under the direction of District Skyline area field staff. The island will be launched and anchored at
Alpine Pond adjacent to the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve.
The Western Pond Turtle (Clemmys marmorala) is native to Northern California and, once typically found in
ponds throughout the West Coast, are vanishing rapidly. Over the past two years, there has been a decline in
the population of Western Pond Turtles at Alpine Pond. "Turtle Island" is designed to enhance and protect
turtle habitat at Alpine Pond by providing a place for the turtles to safely come out of the water and sun
themselves. A floating island anchored in the middle of the pond will make it more difficult for land
predators, including raccoons, foxes, and bobcats, to reach the turtles. The design of the island will also
allow the turtles to more easily escape flying predators such as herons.
The District partners with local community groups, such as Eagle Scout Troop #466, to identify creative
ways to carry out its mission of protecting and enhancing wildlife habitat and to provide environmental
education opportunities. Visitors to Alpine Pond and the David C. Daniels Nature Center will enjoy the
opportunity to more easily view the Western Pond Turtles as they congregate on the island. A mounted
telescope is available for viewing use, and research from this project will also be available as part of the
displays at the Nature Center.
About Dylan Daniels
Dylan Daniels is a freshman at Bellarmine College Preparatory and a member of The Boy Scouts of America
Troop 466 from Santa Clara County and based in Sunnyvale. The turtle island project holds special meaning
for Dylan and his family. Dylan is the nephew of David C. Daniels, for whom the Nature Center is named.
The Nature Center was presented in memory of David C. Daniels by his family and friends and the
supporters of Peninsula Open Space Trust.
"I can already tell that my grandparents and father are deeply touched by this project," said Dylan Daniels. "I
think it will be good for their spirits."
Photo opportunities can be arranged; please contact the District in advance if you're interested in
attending the Eagle Scout Troop project.
Created by voters more than 30 years ago, the Midoeninsula Regional Open Space District has successfully
protected and managed over 50,000 acres of open space. The public enjoys the District's diverse and
beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special
district whose mission is to acquire and preserve a regional greenbelt oJ'open space land in perpetuity,
protect and restore the natural environment, and provide opportunities for ecologically sensitive public
enjoyment and education. www.openspace.org
###
11/02/06 13:58:55 312-922-2, -> 6506910485 `IAMAP - PRODUCTIO Page 88Z
i
For Immediate Release Contact: Nina Nowak
November 1,2006 Phone: 650 854-7696
nnowakr openspacetrust.org
www.Openspacetrust.org
II
POST Transfers Key Link
in Skyline-to-the-Sea Trail to MROSD
Park Calif.) -
2 . The Peninsula(Menlo
1 Open Space Trust POST has
f P (POST)
transferred 183-acre Lower Purisima Creek to the Midpeninsula Regional Open
Space District (MROSD) for$2.25 million. It is hoped that the land will one day
serve as a critical link in an extensive trail network from Skyline Ridge to the
Pacific Ocean.
Rising between Lobitos and Tunitas creeks four miles southeast of Half
Moon Bay, the property climbs up wooded valleys and grassy slopes,
culminating in a long,narrow ridge with ocean views. The sloping land features
scrub-covered knolls, lush meadows, redwood groves,eucalyptus stands and a
winding, alder-lined creek. It was purchased from a private owner for$2.25
million in February 2005 as part of POST's Saving the Endangered Coast campaign.
"We are extremely pleased to transfer Lower Purisima Creek to the Open
Space District," said POST President Audrey Rust. "Any development would
have impeded possible future hiking connections between the Bay Area Ridge
Trail and the California Coastal Trail."
i
11/02/86 13:59:49 312-9ZZ-Z, 6506910485 `IANAP - PRODUCTIO Page 003
The property was originally part of the Canada de Verde y Arroyo de la
Purisima Spanish Land Grant in 1865. Its upper reaches offer dramatic views of
the ocean, Lobitos Ridge, Bald Knob and the Lobitos and Tunitas creek valleys.
Irish Ridge, the windswept divide between the two creeks,crosses the southeast
portion of the property at an elevation of about 1,200 feet. Most of the land lies
on the northwest flank of this ridge, which slopes down steeply to Lobitos Creek.
"We are thrilled because this is the District's first purchase in the
Coastside Protection Area that will one day link Purisima Creek Redwoods to
the Pacific Ocean" said District General Manager Craig Britton. In addition, this
property will allow us to protect valuable habitat and water resources, while
giving the District the opportunity to provide for public enjoyment of coastside
II
open space."
The property is adjacent to POST's Lobitos Ridge and Bluebrush Canyon
properties and the Purisima Creek Redwoods Open Space Preserve, which is
managed by MROSD. A striking diversity of habitats flourishes here, including
open northern coastal scrub,a mixed redwood and Douglas-fir forest,eucalyptus
Plantings and a half-mile riparian corridor.
POST is a leading private, nonprofit land trust dedicated to preserving the beauty,
character and diversity of the San Francisco Peninsula landscape. Since its founding in
1977, the organization has been responsible for saving nearly 60,000 acres as permanent
open space and parkland in San Mateo and Santa Clara counties,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Julie Norton
October 10, 2006 Community Affairs Supervisor
(650) 691-1200
NEW DIRECTOR APPOINTED TO OPEN SPACE DISTRICT BOARD
-- Curt Riffle to Begin Duties as Ward 4 Board Director --
LOS ALTOS, CA [October 10, 2006] —At a special meeting last night, the Board of Directors of the
Midpeninsula Regional Open Space District appointed Curt Riffle, a long-time resident of the area, to
represent Ward 4 (Mountain View and Los Altos), the seat vacated by Deane Little's resignation in August
2006. Curt Riffle was one of four finalists in the second-round of extensive interviews at the special meeting.
expires in November 2008.x
Riffle will serve the balance of the term, which e p
"I am honored to join the Board and have great respect for the District and its accomplishments," said Curt
Riffle in accepting his appointment. "I am passionate about the preservation, restoration, and enjoyment of
open space in our region." Riffle went on to say, "The District's preserves fill an important quality of life
component for me and millions of others in the Bay Area. I look forward to being part of the team."
"Curt's well-rounded and professional experience make him a valued addition to our Board," said Jed Cyr,
President of the Board. "Our Board and staff look forward to working with him in the months to come."
JED Grh �
Newly Appointed Ward 4 Director Curt Riffle and Board President Jed Cyr Exchange a Congratulatory Handshake
Curt Riffle has a bachelors of science degree in mechanical engineering from the University of Cincinnati,
and a masters in business administration from Harvard University. He works for the David and Lucile
Packard Foundation in the Conservation and Science Program that focuses on the acquisition of land and
application of ecosystem-based management principals. He is an avid user of parks and open space, visiting
at least weeklyfor ears and is a hiker, trail runner, equestrian, dog hiker, and aspiring bi
rder.
years, q
Curt Riffle is a conservation professional dedicated to public service, with over 20 years of successful
experience serving on committees, commissions, and boards, including the Traffic Commission, Bicycle and
Pedestrian Advisory Committee, and the Environmental Committee for the uty of Los Altos. Riffle has also
continued to donate his time as a volunteer to the District.
"Curt Riffle brings a broad spectrum of thought about the future of the District, and we look forward to his
perspective and expertise as we continue to work to meet the District's goals," said Craig Britton, General
Manager of the District. "His experience, integrity, and dedication to the community make him a valued
addition to our Board."
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected
and managed over 50,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365
days a year. The District is an independent, non-enterprise, California special district whose mission is to acquire and
preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment, and
provide opportunities for ecologically sensitive public enjoyment and education. www.openVace.o
COMMITTEE FOR
GREEN FOOTHILLS
October 27, 2006
Thomas Dempsey, Project Officer
California Department of Parks and Recreation
Local Services Section
P.O. Box 942896
Sacramento, CA 94296-0001
Dear Mr. Dempsey,
Committee for Green Foothills expresses its strong support for a grant to the
Midpeninsula Regional Open Space District to acquire a major addition to the Mills
Creek Open Space Preserve. This acquisition, known as the Madonna Creek Uplands
Addition, is a significant property of ridgetop and watershed habitat in the middle of an
incredible expanse of undeveloped coastal mountains in San Mateo County.
Protection of a ridgeline corridor of open space and natural habitat through San Mateo
County has been a major project of the Committee for Green Foothills since its founding
in 1962. 1 urge you to fund this project to ensure that this important habitat is
permanently protected from development.
Sincerely,
Holly Van Houten
Executive Director
Cc: Midpeninsula Regional Open Space District
COMMITTEE FOR 39n E.Bayshore Road 650,968-7243 PHnNe infoC-�Green Foot hills.org
GREEN FOOTHILLS Palo Alto,CA 94303 65o.968-843'FAX www.GrectiFoothills.org
/vwyDo w-NnN~,ULA R=~G"ON, °= ~=P°~. " SPACE DISTRICT
For Immediate Release Contact: QudvJurgenuen
October 2], 20Oh Public Affairs Manager
� (650)691'1200
DISTRICT DEVELOPS GRAZING POLICY FOR NATIVE
PLANT RESTORATION, FIRE FUEL REDUCTION
�
LOS ALTOS, CA 23, 2[06] —The Midpeninmu|o Regional Open Space District recently
�
developed a draft policy for livestock grazing and contracted with an agriculturalconsultant tuhelp
manage grazing oil the District's 5^000 acres ufgrasslands. The grazing manugennen\ policy will help
restore native g,uma|und ecoaystenne, reduce tile risk of wildfire, and sustain the local agricultural
economy. Seeking additional input oil the policy, the District presented u draft tothe Sun Mateo County
Pa,m Bureau in early October; today it goes before the Sou Mateo Agricultural Advisory Committee. &
Onu| draft will he presented totile District's Board for adoption in Januury2O07.
� "Grazing accomplishes two goals for us: management ofnon-native grasses and fire fuel n:duodoo,°said
� Kirk ienington' Resource Planner for tile District. "Cattle feed on|he non-native grasses, providina more
opportunity for native vegetation togrow. Grazing iu also more effective io reducing v/i|d|and fire fuels.
� Mowing5,0OO acres on really steep terrain is simply not possible, and it's challenging to meet all of the �
criteria to conduct a prescribed burn."
In addition k/ achieving the District's resource conservation objectives, tile grazing management policy �
� provides rangeland for Son Mateo County ranchers,thereby supporting the n:gion`aug,icu|tura\ industry
and heritage. The policy outlines directives for continuing o,reintroducing grazing on District lands, �
identifying and improving needed infrastructure, monitoring the environmental affects of grazing, �
� ensuring sensitive habitat protection, providing for public access, and administering grazing leases.
�
Tile largest sections of District-owned grasslands stretch frmmthccn:stofthe Santa Cruz Mountains �
along the Skyline Ridge and out tothe coast, and include Big Dipper Ranch, Driscoll Ranch, and tile
former McDonald Ranch at La Honda Creek Preserve. �
� �
Prior k,\he \8m century. California's grasslands were largely comprised ofperennial grasses that had
� evolved under the pressures of wildfires and large herds of grazing animals—many of which are now
� extinct. But with tile arrival of European settlers and the introduction of non-native plants and animals,
� tile plant composition within the grassland ecosystems changed dramatically. The exotic annuals that
� were introduced quickly apnrud and took over, out-competing the native p|un1y for light, nutrients, and
� water, According to Lenin8iun` the grazing policy will help restore native perennial grasses and
� vvi|dOovveo hy taking advantage of tile annuals' life cycles and tile appetites of cattle. "Having cattle eat
� the annual g,unme's early will a||ovv for native Anasmcm and wildflowers to germinate," said Lening¢Vn. �
The District has contracted with Dr. Orrin Sage of Sage Associates to assist District staff in implementing �
the grazing management program. Sage has over 30 years of experience in environmental resource �
management and u strong background in ranching. For I years, he served uuoperational manager for
Sage Ranches, u family-owned 15,000'moro cattle, orchard, and dry|uud farming operation. Sage is �
certified by the California Board of Forestry and the American Registry ofCertified Professionals in
� Agronomy, Crops, and Soils. He im also m member of the Society for Range Management.
Tile District's proposed grazing management policy demonstrates the District's commitment to
� innp|cmcni innovative approaches and actively manage natural lands.
�
�
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully
protected and managed over 50,000 acres of open space. The public enjoys the District's diverse and beautiful
preserves 365 days a year. The District is an independent, non-enterprise, Califbrnia special district whose mission
is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural
environment, and provide opportunities for ecologically sensitive public enjoyment and education.
www,ovenspace.oLg
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Rudy Jurgensen
October 26, 2006 Public Affairs Manager
(650)691-1200
DISTRICT WILL HOLD PUBLIC MEETING ON
BUILDING GOOD NEIGHBOR RELATIONS
-- Skyline meeting scheduled to gather public input on draft
Good Neighbor Policy --
LOS ALTOS, CA [October 26, 2006] —A public meeting on November 8, 2006 has been scheduled by
the Midpeninsula Regional Open Space District (MROSD) to provide the public with an opportunity to
review a draft of the District's amended Good Neighbor Policy. The Policy was amended following four
public meetings in which constituents and neighbors were invited to advise the District on how it can best
build relationships with its neighbors.
The meeting time and location are as follows:
Wednesday, November 8, 2006
(7:00 p.m.- 9:00 p.m.)
MROSD Skyline Field Office
21150 Skyline Blvd. (Highway 35), La Honda, CA 94020
The District's Good Neighbor Policy governs how the District interacts with its neighbors and was last
revised in August 1996. The amended Policy covers a variety of topics from addressing neighbor privacy
to natural resource management issues, such as controlling invasive species. The public meetings and the
amended Policy, when completed, are designed to foster a spirit of cooperation between the District and
its constituents on whose behalf the agency manages 50,000 acres of open space land.
Since the Good Neighbor Policy amendment process was initiated, the public has provided input on a
variety of issues through interviews, meetings with local neighborhood organizations, four public
meetings, as well as through e-mail, the District's Web site, and regular mail.
The Board will hold a final public meeting to vote on the amended policy.
444
Created by voters more than 30 years ago, the Miapeninsula Regional Open Space District has
successfully protected and managed 50,000 acres of open space which the public enjoys 365 days a year.
The District is an independent, non-enterprise, California special district whose mission is to purchase
and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural
environment, andprovide opportunities far ecologically sensitive public enjoyment and education.
wwmopenspace.org
Nov. 8, 2006 4: 06PM MOUNTAIN LION FOUNDATION No- 2710 P, 1/1
MouNTAIN LION F
OL; NllATION
Saving America 's Lion
3November 2006
Mr.Thomas Dempsey,Project Officer
Rurd of Direetws California Department of Parks and Recreation
Toby Cooper Local Services Station
Board Chair P.O.Box 942896
Sacramento,CA 94296-0001
Elizabeth Sullivan
Vice Chair RE: Midpeninsula Regional Open Space District Grant Application
Patrick Gallagher Madonna Creek Uplands Addition to Mills Creek Open Space SUPPORT
Secretary
Jonathan Naimon Dear Mr.Dempsey:
Treasurtr The Mountain Lion Foundation strongly supports the Midpeninsula Regional Open Space
Kathy Fletcher District's application to the Habitat Conservation Fund Program for a$500,000 matching
Steve Harris grant to acquire a major addition to the Mills Creek Open Space Preserve. The Madonna
Rabbi Joseph Hurwitz
Jim Murray Uplands Addition encompasses 359 acres of ridge tops,hillsides,and watershed lands
John Taft in the middle of an undeveloped expanse of coastal mountains in northern San Mateo County.
President and CEO The watersheds of Madonna Creek are extremly important,for the federally threatened
Lynn Sadler steethead trout,the red-legged frog and mountain lima. Protection of this key riparian
ecosystem will allow the District the opportunity to play an important role in the restomfion
efforts now underway to enhance steelhead habitat downstream in both the Pilmitos Creek
Roben Bateman and Arroyo Leon watersheds. Additionally,acquisition of this property would protect a key
Michael Make section of coastal ridgeline,providing a primary wildlife corridor for deer and mountain lion
Voris Day moving back and forth between the coastal lowlands and San Francisco Watershed lands.
Mr-&Mrs.Gordon P.Getty
Marian Heiskell
Sandy Lerner The Madonna Creek property also includes recreational assets that warrant protection.
Barry Lopez Besides creating an opporturlity for connecting trails between the Mills Creek Open Space
Peter MaIttuessen Preserve,Burieigh Murray Ranch State Park,and future Public Park and open space lands,it
Ruc McClanahan contains a road and trail network that extends through the property and adjacent open space
Ron.William Newsom
Russell Peterson lands that will likely provide a major link in a regional trail that will someday connect the
At an Rabinowitz planned Bay Area Ridge Trail to the California Coastal Trail.
Robert Redford
Nathaniel P,Reed These factors make the acquisition and preservation of the Madonna Creek Upland Addition a
Dr.George Schaller
Hon.Russell Train high priority for the District(and the public.),and I urge you to ffind this project and ensure
Robert Wagner the the property is permanently protected.
ThankC,
you for your consideration. �Z"'
a
Post-ItO Fax Note 7671 Date M pges 1 11 o'
►
Sincerely, To r From
Go.
phone Phom 0
Irsw G�sc' Fax
L
President and CEO
cc: Midpeninsula Regional Open Space District
P.O. Box 1896 e Sacramento,CA 95812*916-442-2666•FAX 916-442-2871
mlf@mountainlion.org a www.mountainlion.org
Nov-08-2006 03:38pm From-SEN. JACK` 'OEIER +650 340 1661 T-732 P,001/002 F-337
Start Capitol.Rnnm ma3z I—,I I..,
Sa"3menw,CA 95614-4,000 ChAIK
TVL(P i O�5-4009 Ldifjarntia Banki rind
1o`;J1r1.a1.1zC
SENATOR Selacicumolittec
JACKIE SPEIER on Cov,!rnmenl c6ir Cinrretl
Ina lauch 21 Cuint to Keel.Ss um 541CLL C01111111rNe on
MCLII.Imphvnmina Abu:a
inn Mateo,CA 1)4.102 R11PRBSEN71 NCSAK PRANCISCO AND SAN A I 1,%TPO COUNTIES
TEL(A5n).140 H1440
mdmvER
rAx(6,o)34 n-IrA I
Eduzmion
I lirum Wjohnpon Stitt.,Offitca:Building Joial Committee an
1.55 Col&n Cate Avt:j)ut:.Suitezq2oa Legislative Audit
)t:lc,:t Committee an
;an Pranci,ico,CA 941U2 Dcvclopmontal Dixabiliucb
,QL.:415)537-7H57 and Mam:21 I-teafth
11AX(415)557-7864 Salact CummitECC oti
Privan Pupal.1floli
managcnienraji4 t7apacity
W W W.A L N.C.A.C QV I S PS I r It
October 24, 2006
Mr. Thomas Dempsey,Project Officer
California State Parks and Recreation
Local Services Station
P.O. Box 942896
Sacramento, CA 94296
Dear Mr. Dempsey:
The Midpeninsula.Regional Open Space District(Midpen)requested that I support a
grant application for$500,000 from the Habitat Conservation Fund for purposes of
acquiring a piece of land on San Mateo County's coast. The land is generally described as
the Madonna Creek Uplands. I am writing to support the application.
We have a splendid opportunity to preserve,and even to enhance a steelhead trout
spawning area. The land is current owned by the Peninsula Open Space Trust,but the
Trust will not have the capacity to do anything more than hold the land. The land is also
red legged frog habitat. A public entity—Midpen—is uniquely qualified to rebuild the
capacity of the creek to be a vibrant spawning ground because the public entity has the
staff and budget needed to develop habitat plans and to do work in the area for years.
Trails and other uses can be developed, once the land is available for public use because
it is held by a public entity.
Finally,the land forms a critical pan of the scenic view of the San Mateo County coast.
As such, the land would be available for enjoyment in perpetuity. There are few
opportunities in California that are relatively well-preserved in their natural or near-
natural state, and that promise to remain so—through great land and recreational
management—as the Madonna Creek Uplands.
My understanding is that the funding that is being sought is for preservation of the habitat
of mountain lions. I will take it on faith that there are mountain lions in the area as I
Nov-08-2006 03:38pm From-SEN. JACK'" ^PEIER +650 340 1661 T-732 P.002/002 F-337
know that they roam broadly up and down the Peninsula. My hope is that the Parks and
Recreation Department will also view this addition to public ownership as a way to
prevent the fragmentation of ecosystems that support large mammals.
As a parcel that helps to fill in the bay and coastal trails,we know that the public will be
able to enjoy this ecosystem, and come to value the further preservation of these special
areas. Certainly,its position near Burleigh Murray Ranch State Park will help fulfill the
mission of State Parks and Recreation to expand the opportunities for Californians to
enjoy the state's natural beauty and unspoiled environment.
Thank you for your consideration of this letter, and for considering the grant request of
the Nfidpeninsula Regional Open Space District. There are so many species that will
benefit from public ownership that it is,difEcult to contemplate the,multi-decade impact
of this grant. I sincerely hope that you will approve this request for funding.
All the best,
j;e Speier
ST TESENATOR
S e is ct
th enate District
KJS/bp
° �
�� �m
�������������� "�
�� Open_-- _�— --
M1DpEN|NSULA REGIONAL OPEN SPACE DISTRICT
To: C. Britton, General Manager
/
From: M. Williams, Real Property Managerl
Date: NuvcmhcrV, 2006
� Su�c�� Bachman Property �i�� ��| �� �u� ���mc '
� Subject: . . -. ��-
� Om November 2, 2006,Title transferred from Santa Clara County m the District, and possession ofu34%
� undivided ownership interest(54.y2 acres) in l0l.52 acres passed 0u the District,which already owns the other
60Y6 interest(\06.60ucrcs). With this purchase,the District now holds l00%ownership of this property.
\ uno not aware nf any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close ofescrow marks the final
adoption uf the Preliminary Use and Management Plan recommendation, ae tentatively approved by the Board of
� Directors at its meeting ofApril 20, 2006.
Preserve County Ownership Status: Board Approval Date&
& & Grantor Acres (Fee,Easement,Lease, Resolution Number or
Area A.P.N. Mgmt Agreement) General Manager
Approval Date
DEDICATION&AC21JISITION INFORMATION
Mgmt.Status: Dedication Date
Closing Date (Open,Closed,CMIJ, & Type Purchase Price GIS Code
or Other) Status(Intended or
Open to public use Tax
November 2,2006 along Kennedy Trail Withheld Deed $27,970.30
Misc.Notes: The District previously purchased 62.50%interest in this property in 1996,and received gifts of 3.12%from 6 different
charities between 1990 and 1991.
�
�
�
�
�
o: Board ofDirectors
Administration
Accounting
Operations&Field Offices
P|uoni»p
Public Affairs
aaooime|Circle 65o'6y'-1200 imo@vpenspocv.m,X BOARD o,DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos c^q«oo-`*n« *sv'ay`-n*osmx w"ww.vpenspaceo,n Curt Riffle,^mneneoonko,Larry Has^ett,Kenneth c^xtz c.Craig Britton
Regional Open Spi. ?
----------------
INTER-OFFICE MEMORAND
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: C. Britton, General Manager
From: M. Williams, Real Property Manager 6
Date: November 9, 2006
Subject: Bachman Property Addition to Sierra AZLII Open Space Preserve
On November 2, 2006,Title for 20 parcels,totaling 1.5 acres, passed from the County of Santa Clara to the the
District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the Preliminary Use and Management Plan recommendation, as tentatively approved by the Board of
Directors at its meeting of April 26, 2006.
DEDICATION&ACQUISITION INFORMATION
Preserve County Ownership Status: Board Approval Date&
& & Grantor Acres (Fee,Easement, Resolution Number or
Area A.P.N. Lease,Mgmt General Manager
Agreement) Approval Date
562-24-003 562-25-010
562-24-019 562-25-021
562-24-020 562-25-029
062-24-021 562-25-031
Sierra Azul 562-24-023 562-25-035 Tax Collector Fee April 26,2006
Mt. Umunhurn Area 562-24-030 562-25-046 Santa Clara County 1.5 06-14
562-24-034 562-25-047 (Hacienda Park)
562-24-040 562-25-051
562-24-064 562-25-055
562-24-065
562-24-068
Mgmt.Status: Dedication Date
Closing Date (Open,Closed,CMU,or & Type Purchase Price GIS Code
Other) Status(intended or
Withheld)
November 2,2006 Closed Withheld Tax Deed $28,004.02
Misc.Notes:
cc: Board of Directors
Administration
Accounting
Operations&Field Offices
Planning
Public Affairs
33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,MoryDoveyjedCyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Lorry Hossett,Kenneth C Nitz L.Craig Britton
Regional Open Spi,
--------------------
INTER-OFFICE MEMORANDUM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: C. Britton, General Manager
From: M. Williams, Real Property Manager
Date: November 9, 2006
Subject: McCarthy Property Addition to St. Joseph's Hill Open Space Preserve A
Escrow closed for the subject transaction on September 17,2004 and title to and possession of this approximately
2.5-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, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the Preliminary Use and Management Plan recommendation as tentatively approved by the Board of
Directors at their meeting of July 14, 2004.
DEDICATION&AC!2UISITION CHART INFORMATION
Board Approval Date&
Preserve County Ownership Status: Resolution Number or
& & Grantor Acres (Fee,Easement,Lease, General Manager
Area A.P.N. Mgmt Agreement) Approval Date
Santa Clara Public Trail& July 14,2004
St. Joseph's Hill 537-05-014 McCarthy 2.5 Emergency Access 04-26
537-05-015 Easements
Mgmt.Status: Dedication Date
Closing Date (Open,Closed,CMU, & Type Purchase Price GIS Code
or Other) Status(Intended or
Withheld)
September 17,2004 Closed Withheld Gift N/A
Misc.Notes: Includes an emergency access easement at the end of Foster Road,and a trail easement that has yet to be defined,
surveyed,or recorded. Trails must be aligned and surveyed within five years. Construction may occur any time
thereafter.
cc: Board of Directors
Administration
Accounting
Operations&Field Offices
Planning
Public Affairs
33o Distel Circle 650-69i-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nanette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton General Manager
DATE: November 15, 2006
RE: FYI's
INTEROFFICE MEMORANDUM
November 15, 2006
TO: L. Craig Britton, General Manager
FROM: G. Baillie,Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month October Year. 2006
DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS
I
Bicycles Resisting Peace Officer 2
Closed area 1 3 Attempted Theft(copper wire) 1
Speed 1 5
Helmet 8 20
Night riding 2 2 ACCIDENTSIINCIDENTS
Headset prohibited 0 6 Bicycle accident 0
Dogs Equestrian accident 0
Prohibited area 5 9 Hiking/running accident 1
Off-leash 24 28 Other first aid 4
Off-road vehicles 0 2 Search& Rescue 0
Closed area 0 1 Vehicle accident 0
After hours 3 8 LZ air evacuation 0
Fishing 2 2 Fire 1
Vandalism 0 7
Parking 10 13
Parking after hours 31 35 ENFORCEMENT
Dumping 0 2 Parking citations 41
Camping 0 0 Other citations 49
Weapons Written warnings 39
Actual contact 0 0 Arrests 0
Weapons report 0 0 Police assistance 0
Poss alcohol, no picnic 0 4
Minor poss alcohol 1 1
Marijuana possession 2 2 MUTUAL AID
Plant damage 0 2 Accident 3
Encroachment 0 1 Fire 0_ _ —
Smoking 0 3 Law enforcement 4
Collecting plants 0 1 LZ for offsite 0
Mountain board prohibited 0 1
Nudity 0 1
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
1 At Rancho San Antonio a hiker accused another hiker of deliberately shoving her. The other hiker
believed he was nearly forced off the narrow trail by the woman. She requested a sheriff's deputy. A
Santa Clara County sheriff's deputy came out and both people apologized and shook hands.
2 A ranger discovered that someone vandalized a fence at Mills Creek/Miramontes Ridge to gain vehicle
access to the preserve. Tracks were observed cutting far off-road, damaging vegetation. Two signs were
also defaced. Crew repaired the damage to the fence.
3 A frequent after-hours violator was contacted by staff at Windy Hill, who informed her that the reserve
was closed. She then began following patrol staff, who attempted to avoid a confrontation with her. On
October 7 the subject was involved in a vehicle accident while turning from the northbound lane of Hwy
35 into the Skyline Ridge parking lot at approximately 7 p.m. On October 9, the violator again followed
patrol staff at approximately 10 p.m. She followed patrol staff to the entry gate at the Skyline office,
with her high beams on. When confronted, the subject drove away at a high rate of speed.
l i
i
3 A ranger discovered approximately 30 one-gallon plastic containers and a roll of wire in El Sereno. It
appears that the materials were left for marijuana cultivation. It was estimated that the materials had
been there for two or three years. The information was forwarded to the Santa Clara County Marijuana
Enforcement Team..
7 A caller reported off-road vehicle activity and chain saw use in Sierra Azul in the Loma Prieta area.
Rangers responded and found tire tracks and freshly cut brush,but no suspects.
9 While doing security checks at Bear Creek Redwoods in the Alma College area a ranger observed a man
at a distance who was rolling up something. The ranger ordered the subject to stop. The subject ran.
Two rangers searched the area but were unable to locate the suspect. They did find a duffel bag that
contained copper rain gutters, next to a roll of copper wire. It was determined the suspect was pulling
wire from a conduit. The rangers also found a pack containing tools. All these items were removed
from the site. Later that same afternoon a report came in stating a man with a backpack was in the area
of the Alma College buildings. Rangers responded but were unable to locate anyone. A Santa Clara
County Sheriff's Deputy took a report.
li 9 At approximately 7 p.m., patrol was monitoring San Mateo County Fire when they heard a report of a
grass fire on Alpine Road. The fire was located in Skyline Ridge at the Guenther driveway. Patrol staff
were first on scene, and contained the fire to one acre. CDF arrived and worked with MROSD staff to
create a line around the fire and to extinguish it.
12 A report about a naked jogger at Fremont Older was received via Santa Clara County Parks. The
reporting party left a note on the County ranger's office door. An interview was conducted and the
person reporting the incident stated that the jogger appeared normal and polite,but naked. There have
been previous reports about this jogger, but no official contact has been made.
13 A Jeep was found in Foothills OSP, located down a gulch about 300 feet from the road. The vehicle was
reported stolen in September. It was extracted on October 20 and taken into evidence by Palo Alto PD.
14 Mtn. View dispatch advised of a report that a vehicle was driving on the Woods Trail in Sierra Azul.
Rangers responded and found that it was a neighbor who had closed the Woods Trail to public use at the
point where he believes the trail enters his property. The neighbor stated that it would be closed from
sunrise to sunset and he was only closing it once a year, as he had the previous two years. A new lock
was found in sequence on the Woods Trail gate. The lock was left in place until a decision is made on
the best course of action.
15 While following an illegal mountain bike trail between Huddart County Park and Teague Hill,rangers
found the remains of a possible methamphetamine lab or dump site. It was approximately 300 yards
from Kings Mtn. Road in Huddart County Park. The incident was turned over to San Mateo County fire
and sheriffs.
22 A ranger identified a district tenant in the Saratoga Gap preserve as the source of a reported smoke
column. CDF responded and put out what the battalion chief referred to as a"large warming fire." A
CDF helicopter also arrived on scene but was cancelled.
October vandalism
2 See report above for vandalism at Mills Creek.
4 A metal trail directional sign at Pulgas Ridge was bent.
7 A chain was cut on a gate at Sierra Azul.
8 Boards were ripped off doors and windows on the former college buildings at Bear Creek.
13 A vehicle ran into a fence and bent the T-post at Foothills.
18 A 6x6 post blocking illegal access to Rancho was pulled out.
25 A 4x6"no bikes"post was broken at Fremont Older.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MIMORAT--MUM
TO: Board of Directors
FROM: L. Craig Britton, General Ma
DATE: November 14, 2006
RE: Proposed Cancellation and Rescheduling of Board Meetings for the
Holidays of 2007 and 2008
There was a consensus by the Board Members to cancel and reschedule meetings
during the 2007/08 holiday months at your Meeting of October 25, 2006. Please see
the schedule below and mark your calendars accordingly.
Cancelled Meetings Rescheduled Meetings
December 26, 2007 No reschedule date
January 9, 2008 January 16, 2008
January 23, 2008 January 30, 2008
There are no changes anticipated for the Board Meetings scheduled for November
14 and 28, 2007 and December 12, 2007. These anticipated changes are
preliminary only, and as we get closer to the time of actual meetings, an official
recommendation will be forwarded to you at a public meeting.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Ana Ruiz
November 8, 2006 Project Planner
(650)691-1200
District Kick-Starts La Honda Creek Preserve Planning
Process with Third Community Workshop
-- Natural Resource and Public Access Planning Process Resumes for the
Open Space District's Largest Preserve in San Mateo County
LOS ALTOS, CA [November 8, 2006] —The Midpeninsula Regional Open Space District will hold an interactive "Issues
& Opportunities Public Workshop"on Thursday,November 16, 2006 at 6:30 p.m. at the La Honda Elementary School in
La Honda to assist the District in developing a resource protection and visitor-use plan for the nearly 5,800-acre La Honda
Creek Open Space Preserve.
In 2004, the District kicked off the master planning process for La Honda Creek Preserve with two public workshops. The
planning process was postponed in early 2005 to allow staff to focus on the purchase of the Driscoll Ranch property as an
addition to La Florida Open Space Preserve so that it could be formally incorporated as part of the project. Staff has also
been working on completing a detailed assessment ofthe Preserve's roads and trails; expanding the available fisheries
information for creek corridors, analyzing the costs and benefits of grazing; and compiling highway transportation data.
This information, combined with a detailed biological resources inventory, will allow the District and the public to
develop an ecologically sound plan.
At the November 16 workshop, the public will have a much larger area to consider than the original 2,042-acre La Honda
Creek Preserve because the District purchased the 3,68]-acre Driscoll Ranch, located southwest of the Preserve,earlier
this year. With the integration of Driscoll Ranch, La Honda Creek Preserve will now encompass nearly 5,800 acres and
become the largest District preserve in San Mateo County.
"We're excited to restart the master planning process for La Honda Creek Preserve, and we're looking forward to a great
turnout at the November 16 workshop," said Ana Ruiz,the District Planner overseeing this project. "The public will help
us determine how to best incorporate Driscoll Ranch into the Preserve, Their input will also be critical in developing a
Master Plan to guide the management of the Preserve's diverse resources."
At the third community workshop, the public will learn about existing conditions on Driscoll Ranch, as well as new
challenges and opportunities resulting from the addition of a working ranch to the Preserve. Public input collected at the
workshop will be used to help develop conceptual master plan alternatives, which will be presented to the public in
Spring/Summer 2007. Some key issues the Master Plan will address include reintroduction of conservation grazing,
continued ranching operations on Driscoll Ranch, and the restoration or enhancement of endangered species habitat
throughout La Honda Creek Preserve. Other considerations include regional trail connections, historic facilities, and
public staging and parking areas.
Details of the third workshop are as follows:
Thursday,November 16,2006 from 6:30 p.m.—9:30 p.m.
La Honda Elementary School,450 Sears Ranch Road, La Honda, CA 94020
La Honda Creek Preserve stretches from Skyline Boulevard to its confluence with San Gregorio Creek. The northern half
of the preserve, which was purchased by the District in 1985, is open to the public by permit. The preserve encompasses
rolling grasslands and redwood forests, including an old-growth tree and a rare albino redwood tree. One of the most
visible features on the preserve is the historic "red barn"which is located just off Highway 84 north of the Town of La
Honda.
More information about the La Honda Creek Master Plan and the Preserve are available on the District's Web site at
www.openspace.org. Questions or comments can be directed to Ana Ruiz, Project Planner, via email to
tallondamasterplati(�opetispace.org or by phone at 650-691-1200.
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and
managed over 50,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a
year. The District is an independent, non-enterprise, California special district whose mission is to acquire and preserve
a regi.corral greenbelt of open space land in perpetuity,protect and restore the natural environment, and provide
opportunities for ecologically sensitive public enjoyment and education. www.openspace.org.
###
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Rudy Jurgensen
October 26, 2006 Public Affairs Manager
(650)691-1200
DISTRICT WILL HOLD PUBLIC MEETING ON
BUILDING GOOD NEIGHBOR RELATIONS
Skyline meeting scheduled to gather public input on draft
Good Neighbor Policy
LOS ALTOS, CA [October 26, 2006] —A public meeting on November 8, 2006 has been scheduled by
the Midpeninsula Regional Open Space District (MROSD) to provide the public with an opportunity to
review a draft of the District's amended Good Neighbor Policy. The Policy was amended following four
public meetings in which constituents and neighbors were invited to advise the District on how it can best
build relationships with its neighbors.
The meeting time and location are as follows:
Wednesday, November 8, 2006
(7:00 p.m,- 9.00 p.m.)
MROSD Skyline Field Office
21150 Skyline Blvd. (Highway 35), La Honda, CA 94020
The District's Good Neighbor Policy governs how the District interacts with its neighbors and was last
revised in August 1996. The amended Policy covers a variety of topics from addressing neighbor privacy
to natural resource management issues, such as controlling invasive species. The public meetings and the
amended Policy, when completed, are designed to foster a spirit of cooperation between the District and
its constituents on whose behalf the agency manages 50,000 acres of open space land.
Since the Good Neighbor Policy amendment process was initiated, the public has provided input on a
variety of issues through interviews, meetings with local neighborhood organizations, four public
meetings, as well as through e-mail, the District's Web site, and regular mail.
The Board will hold a final public meeting to vote on the amended policy.
Created by voters more than 30 years ago, the Mid peninsula Regional Open Space District has
successfully protected and managed 50,000 acres qf open space which the public enjoys 365 days a year.
The District is an independent, non-enterprise, California special district whose mission is to purchase
and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural
environment, andprovide opportunities for ecologically sensitive public enjoyment and education.
www.openspace.org