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20091028 - Agenda Packet - Board of Directors (BOD) - 09-28
Midpeninsula Regional ' Open Space District Meeting 09-28 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:00 p.m. Wednesday, October 28, 2009 330 Distel Circle Los Altos, California AGENDA 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION I Conference with Real Property Negotiator-California Government Code § 54956.8 Real Property—Approximately 4 miles east of Half Moon Bay on the south side of Highway 92, Half Moon Bay, San Mateo County APN 056-430-010 Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party—Daniel Sare Under Negotiation - Price and terms of real property transaction 2 Conference with Real Property Negotiator-California Government Code § 54956.8 Real Property—23530 Wrights Station Road, Los Gatos, CA 95033, Santa Clara County APN 562-03-006 Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party—Cliff Maas Under Negotiation-Price and terms of real property transaction 3 Conference with Legal Counsel- Existing Litigation - California Government Code Section 54956.9(a)-Chiocchi et al. vs. Midpeninsula Regional Open Space District et al., Santa Clara Superior Court Case No. 107CV095669 4 Public Employee Performance Evaluation -Government Code Section 54957- Title of Employee: General Manager REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ** ORAL COMMUNICATIONS—PUBLIC � Mutin&0u-2Q Page , *� ADOPTION OF AGENDA 7:10^ CON8ENTCALENDAR � l Approve Minutes of September q, 2OOV and September 23,2009 Meetings � 2 Approve Revised Claims Report 3 Approve Written Communications—Response 10 Cynthia Riordan 4 Appointment of Acting District Clerk—&. Spiegel 5 Execution of New Grant Contract with the Association of Bay Area Governments for Projectsut Thornewood and Los Trancos Open Space Preserves in the Amount of$97,042.00—M. Manning � 6 Approval of Communications Site Lease Agreement Amendment and Exercise of Option with � h4c1rnPCS Cu|iforniaLLC, a1Pu|&am Ridge Open Space Preserve—E. Cuzick 7 Memorandum on Internal Control and Requirement Communications from Maze and Associates/o Midpeninsula Regional Open Space District's Board of Directors—A. Duong 7:20° |NOARD|0OBlNE88 8 Approval ufu Resolution Approving the Form of and Authorizing the Execution and Delivery ofu Purchase and Sale Agreement and Related Documents with respect to the Sale of 100% of the Midpeoinau|a Regional Open Space District's Proposition I Receivable from the State ofCalifornia, in the Approximate Amount of $2,|77,5|5,to the California Statewide Communities Development /tuthudty—M. }my/er 0 Informational Report onthe Santa Clara Valley Water District's Proposed 9cnoaoen1r Creek Flood Protection Project— M. Bu1dzikovvoki 10 Approval of a Board Ad Hoc Committee to Ensure Policy-level Coordination with the City of East Palo Alto regarding the Cooley Landing Project—A. Ruiz | | \ |nfor0001iouu| Report on Two-Way Radio Improvement Project—D. Tnp|cy � 12 Status Report mn the Implementation of the Integrated PegMuuugemocntPnmgrannundReimbuoenuent Plan for Slender False Broroe(SFB)—E. Gadsidc |] Approval of future treatment of oaks for suppression of Sudden Oak Death and associated research and approval of the Categorical Exemption in accordance with the California Environmental Quality &ct—C. Roessler 14 Presentation of the Lexington Hills Community Wildfire Protection Plan—]. Andersen INFORMATIONAL RGPORTq— Written or oral reports oncunnpenmuble 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 k`the Board on matter u1ufuture meeting; or direct staff to place o matter oua future agenda. A. Committee Reports R. Staff Reports | Meeting 09-28 Page 3 C. Director Reports SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TOADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar, In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Public records provided to a majority of the District's Board of Directors relating to an Agenda Item on the open session of a regular Board meeting will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle, Los Altos,California 94022 during normal business hours. CERTIFICATION OF POSTING OF AGENDA 1,Anna Duong,Acting District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the October 28,2009 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on October 23, 2009 at the Administrative Offices of MROSD,330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at httLi://www.olienspace.org. Signed this 23rd day of October 2009,at Los Altos,California. Acting District Clerk Date: 10/23/09 ^ Claims No. 09-17 Meeting 09-28 Date 10/28/08 Revised Midpeninsula Regional Open Space District # Amount Name Description 11211 *9*.786.20 ~1 B Bros Construction Construction Services For AORemodel 11212 $78.361.11 ~2 Downtown Ford Two Patrol Trucks'2U0S Ford F35V'o 11213 $28.572.02 ^3 Downtown Ford One Patrol GVV-2O1O Ford Expedition 11214 $18.92e.53 Knapp Architects Alma College Conditions Assessment 11215 $10.992.96 Geumvnoonsu|tanto Environmental&Gemecmnico|Consulting Services For MmcleOo � Ranch Landfill � 11210 *10.082.46 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment'Tovmewppd � 11217 $7.604a0 Deborah Mills'Design Concepts Business Cards, Brochures,Winter Calendar&Newsletter � 11218 $7.550.00 American Asphalt R&RCompany Resurface Mora Residence Driveway � � 11219 $5O9817 °4 Rov'sRepoi,Sn�iuo vexideRepo|��G�micm � � . � � 11220 $4.827.34 Cvosco Equipment Rental Equipment Rental'Excavohnr Dnz�r&�ompommrFu,�io,m. � /zu|&Kennedy Trail Road Work 11221 $4.31478 Ecological Concerns Native Rave8etuhun Maintenance&Monitoring'Skyline Ridge � Tree Farm � 11222 $*.271.2e Ricmaxmmm Survey'Elkus Access Easement � 11223 *4.2*6.85 noy'o Repair Service Vehicle Repairs&Service � � 11224 *3.8*0.43 8mg'o Trucking Service Rock Delivery For Long Ridge Culverts � 11225 $3.500.00 California Environmental Management Consulting Services-Write Spill Prevention Control& � Service Company Countermeasure Plan � � 11226 $3.185.00 ~5 NicDenxo Reimbursoment-G|onderFo|peBnnmwTnoaumnnt � � 11227 *8 �.o2��s4 Tires O n The u Tires � � 11228 $3,025.00 Phvmvpxorenemaamm Consultation&Sampling OnDiseased Oak Trees fo Los Tmn000 � 11229 *3.000.00 Newton Chan Web Consultant-Site Maintenance&Development D,New | � peouumo 11230 $2.64927 Ron'oTranumiovivn Vehicle Repairs&Service | � 11231 $2,582.52 Big Creek Lumber Materials For Pico»emi Fence Project | � 11uou $2�r384 Macro pv����onoVemen���^x�� Implementation i � ' � ' | � Radio System � 11233 o2.300.51 R&oCompany Black Mountain Water System Replacement 11234 $2.299.83 The Ferguson Group Legislative Consultant'Lobbyist For Mt. Umwnhum | � 11235 $2.275�00 Dux Repairs&Septic Riser Installation At Rental Residences � 11236 s2.270.40 Employment Development Department Unemployment Insurance Claims-2nd Quarter 2009 � 11237 ��6.83 Ergo Works Ergonomic Equipment 11238 $2.1�� � m � � �O Hoge,� _Legal Services_ Chiocchi 11239 $21usoo o��n � . Employee Assistance Program Quarterly rov � 11240 $2.043.00 ^s San Mateo County Notice Of Intent To Adopt A Mitigated Negative Declaration- ECDM Staging Area � 11241 $2,000.00 Ponn|a Park Heights Property Owners' Portola Heights Road Dues-4 Parcels � Association � 11242 $1.869.90 West TekSupph Field Supplies 11243 $1.790.00 Steven Ash Pest Control Recommendations&Professional Advice 112** m785.66 oMnAuwmonvo Vehicle Maintenance&Repairs 11245 $1.764.39 Summit Uniforms Uniform Expenses 112*6 $1.752.00 Peter Doolittle'poxProductions Kitchen Table&Counter Tops For AD Breakroom 11247 $1.511.08 Protection One Fire Alarm Inspection&Monitoring-AO 11248 $1.445.58 Gomnnlanu Power Equipment Field Supplies/Oil For Carbide Saw/Sharpening Of Carbide Saw Chains/Pole Saw/Chain Saw Parts � 11249 $1.371.82 ^7 Office Depot Office Supplies/Break Room Supplies/File Folders/Copy Paper/Fax Cart/Binders/File Boxes/Calculator/DvD Mailers /Foam ovom For Events 11250 $1.286.25 Tadco3upp|y Janitorial Supplies Page`mo Claims No. 09-17 Meeting 09-28 Date 10/28/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11251 $1,249.81 United Site Services Sanitation Services For BART Cruz Event/Fremont Older,Sierra Azul&RSA 11252 $1,244.12 Los Altos Garbage Company Garbage Service-AO&FFO/Recycling Service-FFO 11253 $1,242.72 Reed&Graham Sandbags&Tape For Driscoll Dam Repairs/Straw Bale For Fletscher Property Restoration 11254 $1,226.28 *8 Sears Oven,Delivery&Installation-Rental Residence 11255 $1,143.00 *9 Wilkinson Enterprises Permit Fees&Deposit For Water Well Demolition At La Honda Creek 11256 $1,130.15 Brownstein, Hyatt,Farber&Schreck Legal Services-Chiocchi Litigation 11257 $1,087.50 Go Native District Wide Vegetation Management 11258 $1,077.30 *10 Palo Alto Weekly Advertising For Docent Recruitment 11259 $1,057.72 Cecily Harris 2009 California Special Districts Conference Expenses 11260 $1,050.00 *11 Daniel Hunt Reimbursement-Slender False Brome Treatment 11261 $1,000.00 County Of San Mateo Human Supervisor Training Course/Grant Writing Course Resources Department 11262 $979.00 AdvanTel Data&Telephone Cabling For Kitchen&IT Room 11263 $926.74 State Water Resources Control Board Oversight Costs For Driscoll Ranch Remediation 11264 $905.92 Firestone Complete Auto Care Tires 11265 $852.26 Hertz Equipment Rental Excavator For Los Trancos-Page Mill Trail Erosion Control Project 11266 $841.90 Cresco Equipment Rental Equipment Rental-Excavator For Trail Construction At Fremont Older 11267 $809.23 Cascade Fire Equipment Company Fire Equipment For Water Truck 11268 $785.13 San Jose Water Company Water Service-RSA County Park/Portable Meter For Kennedy Road Work/Rental Residence 11269 $765.00 Professional Leadership Results 25 Influencing Skills Books 11270 $735.00 *12 Bobbin Teegarden Reimbursement-Slender False Brome Treatment 11271 $704.36 Mission Valley Ford Vehicle Repairs 11272 $699.18 Metro Mobile Communications Battery -Case and Charger 11273 $657.78 *13 Home Depot Field Supplies/Paint For RSA Gate/Lumber&Hardware For Bear Meadow Trail/Supplies For Britton Bench 11274 $655.00 John Young Construction Garage Repair-Rental Residence 11275 $645.00 ALTA Language Services Language Translation Services For Press Releases 11276 $635.84 Moffett Supply Company Sanitation Supplies 11277 $608.28 The Sign Shop Various Trail Signs-Skyline Area 11278 $605.94 *14 Frankie's Awards Cast Bronze Plaque For Craig Britton Bench 11279 $567.00 Liebert Cassidy Whitmore Legal Services&Advice 11280 $557.71 California Water Service Company Water Service-FFO,AO,Windy Hill&Rental Residences 11281 $547.25 Roto-Rooter Plumbing Repairs -AO 11282 $546.12 Department Of General Services Vehicle Procurement Fees 11283 $525.00 *15 Wayne Davison Reimbursement-Slender False Brome Treatment 11284 $521.39 Orchard Supply Hardware Field Supplies!Staple Gun/Windshield Cleaner/Tool Box/ Shop Supplies/Hand Cleaner/Smoke Detector For Rental Residence/Cleaning Supplies 11285 $520.00 Isotech Environmental Asbestos Testing At Fletscher Property 11286 $499.98 Pine Cone Lumber Lumber&Hardware For Hand Rail Construction On Bear Meadow Trail At Picchetti Ranch 11287 $460.08 Progressive Business Publications Supervisors Safety Bulletin Newsletter 11288 $455.00 *16 Joe Androlowicz Reimbursement-Slender False Brome Treatment 11289 $423.18 *17 Santa Clara County Tax Collector Property Tax For Gift Parcel 11290 $415.12 Cartridge World Printer Cartridges 11291 $412.35 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 11292 $408.33 Statcomm Repair Entrance Gate At RSA Page 2 of 6 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11293 $397.06 Minton's Lumber&Supply Lumber For Fencing Project At RSA 11294 $391.91 Beck's Shoes Uniform Expenses 11295 $356.92 Roessler,Cindy Reimbursement-Field Notebooks 11296 $350.93 West Payment Center Legal Research&Books 11297 $350.00 Law Enforcement Psychological Psychological Assessments For Ranger Applicant Services 11298 $350.00 *18 Citadel Arts Staff Photo 11299 $345.00 John Jackson Excavating Rock Delivery For Tree Farm Restoration 11300 $336.00 San Jose State University Registration-Internal Affairs Investigation Course 11301 $333.21 John Shelton Replacement Culvert At Picchetti Ranch 11302 $317.45 Patsons Media Group Printing Services-Britton Event Invitations&Envelopes 11303 $303.78 Trout Bach, Rebecca Reimbursement-Uniform Expense 11304 $300.85 Sommer,Sandy Reimbursement-Mileage 11305 $300.00 *19 Petty Cash Replenish Petty Cash 11306 $294.54 Barron Park Supply Plumbing Supplies/Sewer Repair At Hayes House 11307 $292.50 Bill's Towing&Recovery Towing Services 11308 $284.14 *20 Costco Break Room Supplies 11309 $278.35 Stevens Creek Quarry Rock for Picchetti Culvert Project 11310 $276.56 Great Printing&Copies Printing Services-Spaces&Species Passports 11311 $245.32 California Water Service Company Water Service-AO,SFO,Windy Hill&Rental Residences 11312 $233.10 Continuing Education Of The Bar Title Insurance Class 11313 $229.30 ADT Security Services Alarm Service-SFO 11314 $227.02 West Coast Aggregates, Inc. Rock For Skyline Ridge Tree Farm Restoration 11315 $225.67 Harrington Industrial Plastics Water Filters For Rental Residences 11316 $221.33 McKowan, Paul Reimbursement-Volunteer Supplies&Volunteer Recognition Event Expenses 11317 $220.12 Hsieh, Benny Reimbursement-Power Over Ethernet Switch For Phones 11318 $219.81 Peninsula Digital Imaging Printing Services-Maps Copies&Scan To Disk 11319 $217.85 CSK Auto Motor Oil&Windshield Wash 11320 $211.82 Malone, Brian Reimbursement-Uniform Expense 11321 $187.50 Lance Bayer Legal Services-Operations Department 11322 $186.66 Royal Brass Part For Pressure Washer 11323 $183.54 Cook, Peter Reimbursement-Uniform 11324 $178.74 Board of Equalization Diesel Fuel Tax 11325 $178.73 Green Waste Garbage Service-SFO 11326 $161.18 McMahon&Associates DVD Duplication For Chiocchi Litigation 11327 $160.70 Aramark Safety Vests 11328 $160.56 Allied Waste Services Garbage Service-Hosking Barn 11329 $160.00 American Red Cross First Aid Class&CPR Recertification 11330 $154.37 Turf&Industrial Equipment Company Annual Service-Electric Utility Vehicle 11331 $152.83 Jurich, Michael Reimbursement-Cell Phone/Uniform Reimbursement 11332 $133.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 11333 $131.36 Mallory Company Gloves For Herbicide Application-SFO 11334 $130.50 UC Santa Cruz Final Payment-Native Tarweed Study 11335 $130.00 Sunnyvale Ford Side Mirror For Patrol Truck 11336 $129.11 Lab Safety Supply Safety Equipment-Respirators 11337 $128.85 County Of Santa Clara-Department Records Request For Bear Creek Road Documents Of Planning&Development 11338 $123.38 Pacific Coast Seed Native Seed Stock 11339 $120.00 Ruiz,Ana Reimbursement-Cell Phone Page 3 of 6 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11340 $119.00 Coastal Sierra Internet Service-SFO 11341 $112.16 Downing,Brendan Reimbursement-Cell Phone 11342 $110.01 Target Specialty Products Landscaping Supplies 11343 $104.85 Pennington, Brad Reimbursement-Uniform 11344 $101.28 Fitzsimons, Renee Reimbursement-Docent/Volunteer Quarterly Meeting Expenses &Midpeninsula Environmental Alliance Meeting Supplies 11345 $99.00 Laustsen,Gretchen Reimbursement-Mileage 11346 $94.84 *21 AmeriGas Repair Gas Leak At Ranger Residence 11347 $93.50 Langley Hill Quarry Rock For Los Trancos Ford 11348 $80.62 FedEx Shipping Charges 11349 $80.30 Andersen,Julie Reimbursement-Mileage 11350 $75.06 Grainger Field Supplies&Traffic Markers 11351 $75.00 West Coast Falconry Academy Additional Fees For Falconry Presentation For Staff Recognition Event 11352 $75.00 Priority 1 Public Safety Equipment Repair Light Bar On Patrol Truck 11353 $74.98 Forestry Suppliers Field Supplies 11354 $71.00 Terminix Pest Control-AO 11355 $65.00 *22 Northern Energy Propane Tank Rental-FFO 11356 $62.00 *23 San Mateo County Hazardous Waste Disposal Fee 11357 $60.00 Infante,Lisa Reimbursement-Cell Phone 11358 $58.72 Wright, Leslie Reimbursement-Mileage 11359 $57.77 Spiegel,Annetta Reimbursement-Staff Recognition Event Expenses 11360 $56.65 Padula,Cynthia Reimbursement-Mileage 11361 $54.58 Lampson Tractor Tractor Supplies-Oil Filters 11362 $48.99 San Jose Mercury News Quarterly Subscription 11363 $43.00 Allen's Press Clipping Bureau Clipping Service 11364 $41.75 Kevin's Auto Repair Vehicle Smog Check 11365 $39.33 Foster Brothers Lock&Key Services 11366 $37.75 ID Plus Name Tags 11367 $32.99 Westfall Engineers Copying Expenses For Ogilvie Survey 11368 $29.37 Peterson Tractor Maintenance Truck Supply 11369 $25.25 Rayne Of San Jose Water Conditioning Service-Fremont Older 11370 $23.44 Robert's Hardware Field Supplies 11371 $21.29 Kelly-Moore Paints Materials For Cleaning&Repainting Fuel Tanks-FFO 11372 $21.00 United Parcel Service Parcel Shipping 11373 $20.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 11374 $13.58 *24 County Of San Mateo Tax Collector Property Tax For Gift Parcel 11375 R $22,437.00 Golden State General Engineering Fletscher Property Demolition&Site Cleanup 11376 R $4,722.00 JMS Painting Company Exterior Painting-Rental Residence 11377 R $3,478.12 Wilkinson Enterprises Water Well Demolition At La Honda Creek 11378 R $2,888.55 Tannerhecht Architecture Architecture Services For The AO Remodel Project 11379 R $2,728.40 *25 First National Bank Conferences&Training Expenses-CALPELRA Conference, Team Building Training,Electronic Document Mangagement Training,CEQA Workshop,Pacific Southwest Maintenance Management School,Ranger Academy Registration 11380 R $2,623.64 *25 First National Bank Field Supplies/Pipe Cutter/Digital Camera/Fire Duffle Bags! Tool Box For Maintenance Truck/Tools For Shop Cart/Cement Mixer 11381 R $2,505.06 *25 First National Bank Craig Britton Event Expenses 11382 R $2,463.77 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area And Culvert Removal At Russian Ridge Page 4 of 6 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11383 R $2,043.00 San Mateo County Filing Fee For Environmental Impact Report-Mitigated Negative Declaration For Herbicide Application And Invasive Species P P Control At Mindego Ranch 11384 R $1,651.63 *25 First National Bank Volunteer Recognition Event Expenses/Snacks For Volunteer Projects 11385 R $1,317.55 *25 First National Bank Operations Department Workshop Expenses-Room Rental& Refreshments 11386 R $1,030.00 *25 First National Bank Funding For Postage Machine 11387 R $913.46 Petty Cash Office Supplies/Field Supplies/Parking&Mileage/Carwashes/ Business Related Meals/Training Expenses/Volunteer Supplies /Breakroom Supplies/Staff Recognition Event Supplies/BART Cruz Event Supplies/Rental Residence Expenses 11388 R $799.97 Cleve,Casey Reimbursement-Environmental Systems Research Institute Conference Expenses 11389 R $766.85 *25 First National Bank Office Supplies/Fax Repair/Printer Cartridges/Business Card Scanner 11390 R $674.19 *25 First National Bank Business Related Meals-Board Meetings/AGM Recruitment Lunch/Dinner With AGM Recruiter/Lunch For Senior Planner Recruitment Panel 11391 R $641.88 *26 AmeriGas Propane-Rental Residence 11392 R $639.84 *25 First National Bank Nature Center Expenses/Mural Repair 11393 R $380.72 *25 First National Bank Door Repairs-AO 11394 R $357.80 *25 First National Bank Computer Expenses/CF Card/USB DVD Drive/Phone Server For Field Offices 11395 R $321.00 Staples Breakroom Supplies 11396 R $307.38 *25 First National Bank County Fees For Tunitas Water Project 11397 R $300.00 Jurich, Michael Reimbursement-Rental Residences Chimney Cleaning 11398 R $267.17 Williams,Michael Reimbursement-Mileage,Cell Phone&Business Meeting Expenses 11399 R $248.01 *25 First National Bank Rental Residence Expenses 11400 R $228.52 Lab Safety Supply Materials To Complete Spill Prevention Control& Countermeasure Plan 11401 R $200.00 *25 First National Bank Room Rental For AGM Recruitment 11402 R $122.46 *25 First National Bank Subscriptions&Books 11403 R $119.00 Coastal Sierra Internet Service-SFO 11404 R $103.63 Grainger Fire Sprinkler Access Door-FFO Page 5 of 6 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $441,525.81 *1 Urgent Check Issued 10/22/09 *2 Urgent Check Issued 9/28/09 *3 Urgent Check Issued 10/22/09 *4 Urgent Check Issued 10/22/09 *5 Urgent Check Issued 10/8/09 *6 Urgent Check Issued 10/6/09 *7 Urgent Check Issued 10/13/09 *8 Urgent Check Issued 10/2/09 *9 Urgent Check Issued 9125/09 *10 Urgent Check Issued 10/13/09 *11 Urgent Check Issued 10/8/09 *12 Urgent Check Issued 10/8/09 *13 Urgent Check Issued 10/14/09 *14 Urgent Check Issued 10/8/09 *15 Urgent Check Issued 10/8/09 *16 Urgent Check Issued 10/8/09 *17 Urgent Check Issued 10/13/09 *18 Urgent Check Issued 10/2/09 *19 Urgent Check Issued 10/6/09 *20 Urgent Check Issued 10/13/09 *21 Urgent Check Issued 10/13/09 *22 Urgent Check Issued 10/2/09 *23 Urgent Check Issued 10/19/09 *24 Urgent Check Issued 10/13/09 *25 Urgent Check Issued 10/8/09 The Total Amount For First National Bank Is$15,553.53 *26 Urgent Check Issued 10/26/09 Page 6 of 6 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Midpeninsula Regional Open Space District # Amount Name Description 11211 $94,786.20 *1 B Bros Construction Construction Services For AO Remodel 11212 $76,361.11 *2 Downtown Ford Two Patrol Trucks-2009 Ford F350's 11213 $28,572.02 *3 Downtown Ford One Patrol SUV-2010 Ford Expedition 11214 $18,929.53 Knapp Architects Alma College Conditions Assessment 11215 $10,992.96 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 11216 $10,082.46 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment-Thornewood 11217 $7,604.60 Deborah Mills-Design Concepts Business Cards, Brochures,Winter Calendar&Newsletter 11218 $7,550.00 American Asphalt R&R Company Resurface Mora Residence Driveway 11219 $5,093.17 *4 Roy's Repair Service Vehicle Repairs&Service 11220 $4,827.34 Cresco Equipment Rental Equipment Rental-Excavator, Dozer&Compactor For Sierra Azul&Kennedy Trail Road Work 11221 $4,314.78 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 11222 $4,271.25 Rick Skierka Survey-Elkus Access Easement 11223 $4,246.85 Roy's Repair Service Vehicle Repairs&Service 11224 $3,640.43 Greg's Trucking Service Rock Delivery For Long Ridge Culverts 11225 $3,500.00 California Environmental Management Consulting Services-Write Spill Prevention Control& Service Company Countermeasure Plan 11226 $3,185.00 *5 Nic Denko Reimbursement-Slender False Brome Treatment 11227 $3,026.64 Tires On The Go Tires 11228 $3,025.00 Phytosphere Research Consultation&Sampling Of Diseased Oak Trees At Los Trancos 11229 $3,000.00 Newton Chan Web Consultant-Site Maintenance&Development Of New Features 11230 $2,649.27 Ron's Transmission Vehicle Repairs&Service 11231 $2,582.52 Big Creek Lumber Materials For Picchetti Fence Project 11232 $2,373.94 Macro Corporation Project Management Services-Implementation Of District's New Radio System 11233 $2,300.51 R&B Company Black Mountain Water System Replacement 11234 $2,299.93 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 11235 $2,275.00 D&J Repairs&Septic Riser Installation At Rental Residences 11236 $2,270.40 Employment Development Department Unemployment Insurance Claims-2nd Quarter 2009 11237 $2,246.83 Ergo Works Ergonomic Equipment 11238 $2,133.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11239 $2,125.00 Concern Employee Assistance Program Quarterly Fee 11240 $2,043.00 *6 San Mateo County Notice Of Intent To Adopt A Mitigated Negative Declaration- ECDM Staging Area 11241 $2,000.00 Portola Park Heights Property Owners' Portola Heights Road Dues-4 Parcels Association 11242 $1,869.90 West Tek Supply Field Supplies 11243 $1,790.00 Steven Ash Pest Control Recommendations&Professional Advice 11244 $1,785.66 CMK Automotive Vehicle Maintenance&Repairs 11245 $1,764.39 Summit Uniforms Uniform Expenses 11246 $1,752.00 Peter Doolittle-PDX Productions Kitchen Table&Counter Tops For AO Breakroom 11247 $1,511.08 Protection One Fire Alarm Inspection&Monitoring-AO 11248 $1,445.59 Gardenland Power Equipment Field Supplies/Oil For Carbide Saw/Sharpening Of Carbide Saw Chains/Pole Saw/Chain Saw Parts 11249 $1,371.82 *7 Office Depot Office Supplies/Break Room Supplies/File Folders/Copy Paper/Fax Cart/Binders/File Boxes/Calculator/DVD Mailers /Foam Board For Events 11250 $1,286.25 Tadco Supply Janitorial Supplies Page 1 of 5 i Claims No. 09-17 Meeting 09-28 Date 10/28/09 Midpeninsula Regional Open Space District # Amount Name Description 11251 $1,249.81 United Site Services Sanitation Services For BART Cruz Event/Fremont Older,Sierra Azul&RSA 11252 $1,244.12 Los Altos Garbage Company Garbage Service-AO&FFO/Recycling Service-FFO 11253 $1,242.72 Reed&Graham Sandbags&Tape For Driscoll Dam Repairs/Straw Bale For Fletscher Property Restoration 11254 $1,226,28 *8 Sears Oven,Delivery&Installation-Rental Residence 11255 $1,143.00 *9 Wilkinson Enterprises Permit Fees&Deposit For Water Well Demolition At La Honda Creek 11256 $1,130.15 Brownstein, Hyatt, Farber&Schreck Legal Services-Chiocchi Litigation 11257 $1,087.50 Go Native District Wide Vegetation Management 11258 $1,077.30 *10 Palo Alto Weekly Advertising For Docent Recruitment 11259 $1,057,72 Cecily Harris 2009 California Special Districts Conference Expenses 11260 $1,050.00 *11 Daniel Hunt Reimbursement-Slender False Brome Treatment 11261 $1,000.00 County Of San Mateo Human Supervisor Training Course/Grant Writing Course Resources Department 11262 $979.00 AdvanTel Data&Telephone Cabling For Kitchen&IT Room 11263 $926.74 State Water Resources Control Board Oversight Costs For Driscoll Ranch Remediation 11264 $905.92 Firestone Complete Auto Care Tires 11265 $852.26 Hertz Equipment Rental Excavator For Los Trancos-Page Mill Trail Erosion Control Project 11266 $841.90 Cresco Equipment Rental Equipment Rental-Excavator For Trail Construction At Fremont Older 11267 $809.23 Cascade Fire Equipment Company Fire Equipment For Water Truck 11268 $785.13 San Jose Water Company Water Service-RSA County Park/Portable Meter For Kennedy Road Work/Rental Residence 11269 $765.00 Professional Leadership Results 25 Influencing Skills Books 11270 $735.00 *12 Bobbin Teegarden Reimbursement-Slender False Brome Treatment 11271 $704.36 Mission Valle Ford Vehicle Repairs Y P 11272 $699.18 Metro Mobile Communications Battery -Case and Charger 11273 $657.78 *13 Home Depot Field Supplies/Paint For RSA Gate/Lumber&Hardware For Bear Meadow Trail/Supplies For Britton Bench 11274 $655.00 John Young Construction Garage Repair-Rental Residence 11275 $645.00 ALTA Language Services Language Translation Services For Press Releases 11276 $635.84 Moffett Supply Company Sanitation Supplies 11277 $608.28 The Sign Shop Various Trail Signs-Skyline Area 11278 $605.94 *14 Frankie's Awards Cast Bronze Plaque For Craig Britton Bench 11279 $567.00 Liebert Cassidy Whitmore Legal Services&Advice 11280 $557.71 California Water Service Company Water Service-FFO,AO,Windy Hill&Rental Residences 11281 $547.25 Roto-Rooter Plumbing Repairs -AO 11282 $546.12 Department Of General Services Vehicle Procurement Fees 11283 $525.00 *15 Wayne Davison Reimbursement-Slender False Brome Treatment 11284 $521.39 Orchard Supply Hardware Field Supplies/Staple Gun/Windshield Cleaner/Tool Box/ Shop Supplies/Hand Cleaner/Smoke Detector For Rental Residence/Cleaning Supplies 11285 $520.00 Isotech Environmental Asbestos Testing At Fletscher Property 11286 $499.98 Pine Cone Lumber Lumber&Hardware For Hand Rail Construction On Bear Meadow Trail At Picchetti Ranch 11287 $460.08 Progressive Business Publications Supervisors Safety Bulletin Newsletter 11288 $455,00 *16 Joe Androlowicz Reimbursement-Slender False Brome Treatment 11289 $423.18 *17 Santa Clara County Tax Collector Property Tax For Gift Parcel 11290 $415.12 Cartridge World Printer Cartridges 11291 $412.35 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 11292 $408,33 Statcomm Repair Entrance Gate At RSA Page 2 of 5 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Midpeninsula Regional Open Space District # Amount Name Description 11293 $397.06 Minton's Lumber&Supply Lumber For Fencing Project At RSA 11294 $391.91 Beck's Shoes Uniform Expenses 11295 $356.92 Roessler,Cindy Reimbursement-Field Notebooks 11296 $350.93 West Payment Center Legal Research&Books 11297 $350.00 Law Enforcement Psychological Psychological Assessments For Ranger Applicant Services 11298 $350.00 *18 Citadel Arts Staff Photo 11299 $345.00 John Jackson Excavating Rock Delivery For Tree Farm Restoration 11300 $336.00 San Jose State University Registration-Internal Affairs Investigation Course 11301 $333.21 John Shelton Replacement Culvert At Picchetti Ranch 11302 $317.45 Patsons Media Group Printing Services-Britton Event Invitations&Envelopes 11303 $303.78 Trout Bach,Rebecca Reimbursement-Uniform Expense 11304 $300.85 Sommer,Sandy Reimbursement-Mileage 11305 $300.00 *19 Petty Cash Replenish Petty Cash 11306 $294.54 Barron Park Supply Plumbing Supplies/Sewer Repair At Hayes House 11307 $292,50 Bill's Towing&Recovery Towing Services 11308 $284.14 *20 Costco Break Room Supplies i 11309 $278.35 Stevens Creek Quarry Rock for Picchetti Culvert Project 11310 $276.56 Great Printing&Copies Printing Services-Spaces&Species Passports 11311 $245.32 California Water Service Company Water Service-AO,SFO,Windy Hill&Rental Residences 11312 $233.10 Continuing Education Of The Bar Title Insurance Class 11313 $229.30 ADT Security Services Alarm Service-SFO 11314 $227.02 West Coast Aggregates, Inc. Rock For Skyline Ridge Tree Farm Restoration 11315 $225.67 Harrington Industrial Plastics Water Filters For Rental Residences 11316 $221.33 McKowan, Paul Reimbursement-Volunteer Supplies&Volunteer Recognition Event Expenses 11317 $220.12 Hsieh, Benny Reimbursement-Power Over Ethernet Switch For Phones 11318 $219.81 Peninsula Digital Imaging Printing Services-Maps Copies&Scan To Disk 11319 $217.85 CSK Auto Motor Oil&Windshield Wash 11320 $211.82 Malone,Brian Reimbursement-Uniform Expense 11321 $187.50 Lance Bayer Legal Services-Operations Department 11322 $186.66 Royal Brass Part For Pressure Washer 11323 $183.54 Cook, Peter Reimbursement-Uniform 11324 $178.74 Board of Equalization Diesel Fuel Tax 11325 $178.73 Green Waste Garbage Service-SFO 11326 $161.18 McMahon&Associates DVD Duplication For Chiocchi Litigation 11327 $160.70 Aramark Safety Vests 11328 $160.56 Allied Waste Services Garbage Service-Hosking Barn 11329 $160.00 American Red Cross First Aid Class&CPR Recertification 11330 $154.37 Turf&Industrial Equipment Company Annual Service-Electric Utility Vehicle 11331 $152.83 Jurich,Michael Reimbursement-Cell Phone/Uniform Reimbursement 11332 $133.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 11333 $131.36 Mallory Company Gloves For Herbicide Application-SFO 11334 $130.50 UC Santa Cruz Final Payment-Native Tarweed Study 11335 $130.00 Sunnyvale Ford Side Mirror For Patrol Truck 11336 $129.11 Lab Safety Supply Safety Equipment-Respirators 11337 $128.85 County Of Santa Clara-Department Records Request For Bear Creek Road Documents Of Planning&Development 11338 $123.38 Pacific Coast Seed Native Seed Stock 11339 $120,00 Ruiz,Ana Reimbursement-Cell Phone Page 3 of 5 Claims No, 09-17 Meeting 09-28 Date 10/28/09 Midpeninsula Regional Open Space District # Amount Name Description 11340 $119.00 Coastal Sierra Internet Service-SFO 11341 $112.16 Downing, Brendan Reimbursement-Cell Phone 11342 $110.01 Target Specialty Products Landscaping Supplies 11343 $104.85 Pennington, Brad Reimbursement-Uniform 11344 $101.28 Fitzsimons, Renee Reimbursement-Docent/Volunteer Quarterly Meeting Expenses &Midpeninsula Environmental Alliance Meeting Supplies 11345 $99.00 Laustsen,Gretchen Reimbursement-Mileage 11346 $94.84 *21 AmeriGas Repair Gas Leak At Ranger Residence 11347 $93.50 Langley Hill Quarry Rock For Los Trancos Ford 11348 $80.62 FedEx Shipping Charges 11349 $80.30 Andersen,Julie Reimbursement-Mileage 11350 $75.06 Grainger Field Supplies&Traffic Markers 11351 $75.00 West Coast Falconry Academy Additional Fees For Falconry Presentation For Staff Recognition Event 11352 $75.00 Priority 1 Public Safety Equipment Repair Light Bar On Patrol Truck 11353 $74.98 Forestry Suppliers Field Supplies 11354 $71.00 Terminix Pest Control-AO 11355 $65.00 *22 Northern Energy Propane Tank Rental-FFO 11356 $62.00 *23 San Mateo County Hazardous Waste Disposal Fee 11357 $60.00 Infante, Lisa Reimbursement-Cell Phone 11358 $58.72 Wright,Leslie Reimbursement-Mileage 11359 $57.77 Spiegel,Annetta Reimbursement-Staff Recognition Event Expenses 11360 $56.65 Padula,Cynthia Reimbursement-Mileage 11361 $54.58 Lampson Tractor Tractor Supplies-Oil Filters 11362 $48.99 San Jose Mercury News Quarterly Subscription 11363 $43.00 Allen's Press Clipping Bureau Clipping Service 11364 $41.75 Kevin's Auto Repair Vehicle Smog Check 11365 $39.33 Foster Brothers Lock&Key Services 11366 $37.75 ID Plus Name Tags 11367 $32.99 Westfall Engineers Copying Expenses For Ogilvie Survey 11368 $29.37 Peterson Tractor Maintenance Truck Supply 11369 $25.25 Rayne Of San Jose Water Conditioning Service-Fremont Older 11370 $23,44 Robert's Hardware Field Supplies 11371 $21.29 Kelly-Moore Paints Materials For Cleaning&Repainting Fuel Tanks-FFO 11372 $21.00 United Parcel Service Parcel Shipping 11373 $20.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 11374 $13.58 *24 County Of San Mateo Tax Collector Property Tax For Gift Parcel Page 4 of 5 Claims No. 09-17 Meeting 09-28 Date 10/28/09 Midpeninsula Regional Open Space District # Amount Name Description Total $384,245.21 *1 Urgent Check Issued 10/22/09 *2 Urgent Check Issued 9/28/09 *3 Urgent Check Issued 10/22/09 *4 Urgent Check Issued 10/22/09 *5 Urgent Check Issued 10/8/09 *6 Urgent Check Issued 10/6/09 *7 Urgent Check Issued 10/13/09 *8 Urgent Check Issued 10/2/09 *9 Urgent Check Issued 9/25/09 *10 Urgent Check Issued 10/13/09 *11 Urgent Check Issued 10/8109 *12 Urgent Check Issued 10/8/09 *13 Urgent Check Issued 10/14/09 *14 Urgent Check Issued 10/8/09 *15 Urgent Check Issued 10/8/09 *16 Urgent Check Issued 10/8/09 *17 Urgent Check Issued 10/13/09 *18 Urgent Check Issued 10/2/09 *19 Urgent Check Issued 10/6/09 *20 Urgent Check Issued 10/13/09 *21 Urgent Check Issued 10/13/09 *22 Urgent Check Issued 10/2/09 *23 Urgent Check Issued 10/19/09 *24 Urgent Check Issued 10/13/09 Page 5 of 5 Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: October 23, 2009 Re: Written Communications AFT RESPONSE PREPARED BY STAFF October 29, 2009 BOARDCONSIDERATION Ms. Cynthia Riordan 16960 Bohlman Road Saratoga, CA 95050 Aviva Garret 15555 Bohlman Road Saratoga, CA 95050 RE: Petition for Dog Use at El Sereno Open Space Preserve Dear Ms. Riordan and Ms. Garret, Thank you for your letter and petition dated September 10, 2009 in which you express an interest in having the remainder of El Sereno Open Space Preserve (Preserve) open to dogs on leash. The District appreciates your initiative to solicit community interest for having additional trails open to dogs in this area. As you mention in the letter, dogs on leash are currently allowed only on the Overlook Trail because of the historic dog walking use on this segment of trail that preceded Midpeninsula Regional Open Space District (District) ownership of the property. To date, the District has not opened other segments of trail to dogs at this Preserve. For this specific proposal, the District would need to evaluate the suitability of dog use at this Preserve, solicit additional public comment regarding this use, and consider amending the Preserve's Use and Management Plan to include dog use on additional trails. Although the District is midway through its 2009-10 fiscal year and is continuing to work through a full list of projects that was pared down in response to the current statewide fiscal crisis, your suggestion for opening trails to dogs on leash is timely. I have asked our General Manager to add your suggestion to the list of projects that the Board of Directors will consider as we begin budget preparation for the 2010-11 fiscal year later this fall. Because the District owns and operates 26 other open space preserves, including three for which we are finalizing comprehensive Master Plans, and has limited resources with which to operate them, we must prioritize our efforts each year. Letters from District residents, such as the one you wrote, are important because they help inform our decisions about priorities. Thank you for taking the time to share your ideas with us. We will keep your letter and contact information in the file and make them available to staff as we move forward with the budget process. In addition, staff will contact you to let you know the status of your request as budget priorities are established. Again, thank you for your comments. Sincerely, Nonette Hanko, Board President cc: MROSD Board of Directors Stephen E. Abbors, General Manager Board of Directors Midpeninsuta Open Space 330 Distel Circle Los Altos, CA 94022 September 10. 2009 Dear Midponins"la Board Members: Enclosed is a petition requesting a change in policy to permit walking your dog on a leash in the El Sereno Open Space. This right already exists at the Overlook Road entrance to the trail in Los Gatos, however, the Bolilman Road trailhead does not permit leashed dogs. If one enters the trail at the end of Bohlrnan and walks the entire trail to Overlook Road, which takes over two hours of walking, you do not pass by any house or structure. This is a remote area,and with our history of marijuana growers and mountain lions,having a dog as company is a reasonable request. Some open space officials say dogs scare the wildlife. Those of us living here are used to deer, coyote, fox, opossums, squirrel, rabbit,quail, and rodents on our property even with large dogs present. If in reviewing this request you would like to see for yourself the area I am describing, I would be happy to accompany you and show you what I am referring to. Other than the residents of Bohlinan Road, not many residents hike this portion of the trail. In circulating this petition to the nearby residents and others in Santa Clara County, people we spoke to found it astonishing that this policy exists and very unnatural that a person could not walk with a leashed dog. Please consider this change of policy at your next meeting. Sincerek. A, a� Cynthia Riordan 16960 Bohlman Rd. Saratoga, CA 95070 Aviva Garret 15555 Bohiman Rd. Saratoga, CA 95070 408 741-5667 clriordan(�i gi-nail.com Petition to Midpeninsula Open Space Preserve 'This petition is to request a change in policy permitting the walking of Your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohiman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Saratoga's Sierra Azul and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno frail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the tipper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name (print) Address Signature r f V ��►�-, 1 �• f I ; c _.-.. 1 *� 16. , 17 IL _ k\v i?1"��24 _.S4{ Llr r � ha7 ✓ r � s �� i� 1 20. 21. jj) I • 22 ' r .. ._.— 23. l' M T l :., ,t , 'J F� ----------- —_ 24 Signed: _ .'I ,' �� - Signed: — -----_ Petition to Midpeninsula Open Space Preserve This petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. togs on a leash are permitted in Saratoga's Sierra Ayul and Fremont Older Open Space, The lower (Los Gatos) entrance of the El Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name (print) Address Signature 1. 2 3. f �V y 4. ,ram r_ a , ' G. 7. �- ': )'t....• J. L `vN.)� 4 .. .\ y.tila`4ti�r.--ax �. .�ea..u-�._. t.-t.....'-+_,.-._.. - l ,�L '1Lt. (��j�'11t�'L''• IJ .t; ; t .i� ILLt+., ( ,� 9. _ 0. 14 t ' { 4 12. } L ncA g � Si ned: i Signed: i�etition to Nlidpeninsula Open Space Preserve This petition is to request. «i change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Roar! in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Saratoga`s Sierra Azul and Fremont Older Open Space. The lower (Los Gatos) entrance of the F.l Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name(print) Address Signature a 1- Itz 1 , 4 J.' h,i:1.. J . JLi__:_K�-.i �.4-.l <. /]• �.1` �f:-1 t �� 1 �"'y TG i<,11.-_l.f�C G.fcT i4-L-17L..i _ 1• � �.r{"b 1(• t fi �'`L�`G{C'�{ r �'">��..�__�4 f'�f;��'L'- I c' ��z E(C 6. ' �''f}yIC' � tl�r'rll'i�1uz Lk d,c ( U1 ,8. to. �v��.� rf !! 12. f' Signed: ?!.i.""� _ -C �r,�<.L r� -�� ,.,tl �� ;f _ �j ' Signed: I Petition to Midpeninsula Open Space Preserve A'his petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los (ratos. Dogs on a leash are permitted in Saratoga's Sierra Azul and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name (print) Address Sign a re 1.3. t� n?,tjr 5 � rj(NJ I G i J 14. 15. f wt 16. ``__ / f I� i :"�G{ rl j ( � CI l r.7, (C: F i lu' i \ {1 ~ tY 1 F � 17. Ile 19 ..L . . ' 1'{i �-1 y� )!!{ � _F^T'�1��..�. 11. �F1._�;.y.•� _ _L.�r'- ._�.:{� �...,_ �G L�..1 c 1 j I 22 - 7 23. / ( t s A> Ck 14 ' f� ''�//� /. ✓f�C1C' "Z, ��tL�Gr.�t �'.�rlilff- ? �r �C; r" }�.=J _ ' W. ti f Signed: Signed- Petition to Midpeninsula Open Space Vrese.ry.- This petition is to request a change in policy permitting the walking of your dog on a leash l q g It the El Sereno Open Space, specifically the trailhead beginning on Bolriman Road in Saratoga, continuing for the IenQth of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Saratoga's Sierra Azui and Fremont Older Open Space. -rite lower (L.os Gatos) entrance of the El Sereno 'Grail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because: the trail is very remote and seldom traveled by others. Nance (print) Address Signature Alt t r J 2. 4. �Jl R. 12. Petition to Midpeninsula Open Space Preserve This petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Saratoga's Sierra Azul and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. "there are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name(print) Address Signature 2�1 v? � ��.`t'i1 ���?� 17�/'E t�-�S-1�3�'�j XYr��jL� ;��►�`'� ..1,... j''` L`- ��_ 2/•J�(t i;..C'i.^i �• /-r.�,�d�-.•�7 � '�tl:-,.lfere[� { �cr'tc.I vr(,/�. ✓'l�� r4.Cr.t¢ [' �`�-e.:iL�G=G•.�-1' 1. 29. z #' �M .1.✓F 4...,�K.�tw� r���wT' P�'G.✓{�C..1*i'f�` a 1ti �w.+��'.t {S.XA r� ...,. _._ .. 30,/QC / e 31. r / .� / /�� `�!". S'y.A }sl(j�ll��� 32 ) 33 r _ 34. 35. 36. , Signed: �LCV b, 1 '- 1 Signed: Petition to Midpeninsula Open Space Preserve This petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Road in Los Gatos. for the length of the trail to the end at Overlook Road in Saratoga, continuing gt g � g Dogs on a leash are permitted in Saratoga's Sierra Azul and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno Trail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper, portion of the trail. There are no residences near the trail and having a leashed dog is a security factor because the trail is very remote and seldom traveled by others. Name (print) Address Signature 2. 7 4,te - 3. 4. 1 1 �NIC) }}7� f ------ ;KF7 $, , 9. to. 11. � 12. i Signed: l�f ``ti f uM .>~. -r � = '. C� q0 7D Aqt4ly U , Signed. _. - � | ' , ~ > This petition is to request o change in policy permitting > the walking > of your dog on o Leash in the E\ Sereno Open Space, / specifically the ' troilheod beginning on 8ohlmon Rood in Saratoga, continuing . for the � ~ length of the trail to the end at Overtook Road in Los > Gatos. / Dogs on o \eush are permitted in Sormtogo's Sierra Azul and * Fremont * Older Open Space. The lower (Los Gatos) entrance of the [i * bercnn ` Trail permits dogs on o leash, and it is inconsistent to * Aso\ Low * leashed dogs on the upper portion of the trail . |hrre ore ' n»sidences near the troi| and having u Leushed dog is u > security > factor because the trail is very remote and seldom traveled , by others. | | Sophie Duckett | 15537 On Orbit ' Wrutugo i � � � � � � � � � � � � � � � ��� � July 23, 2009 To whom it may concern, This petition is to request a change in policy permitting the walking of your dog on a leash in the El Sereno Open Space, specifically the trailhead beginning on Bohlman Road in Saratoga, continuing for the length of the trail to the end at Overlook Road in Los Gatos. Dogs on a leash are permitted in Sarato a s Sierra Azul g p g and Fremont Older Open Space. The lower (Los Gatos) entrance of the El Sereno ` 'rail permits dogs on a leash, and it is inconsistent to disallow leashed dogs on the upper portion of the trail. There are no residences near the ail d havinga leashed do is a securityfactor because trail an g the trail is veryremote and seldom traveled b others. y Sincerely, Michael Lagae 16981 McGill Road Saratoga., CA 95070 (408) 741-5999 michael@lagae.org Midpeninsula Regional Open Space District R-09-1 10 Meeting 09-28 October 28, 2009 AGENDA ITEM 4 AGENDA ITEM Appointment of Acting District Clerk GENERAL MANAGER'S RECOMMENDATION Appoint Anna Duong as Acting District Clerk. DISCUSSION With the departure of Interim Manager of Administration Anna Jatczak on September 11, 2009, who also served as Interim District Clerk, it is requested that Anna Duong, Deputy District Clerk, be appointed Acting District Clerk and authorized to perform all duties and responsibilities of the District Clerk. This appointment will continue until a permanent District Clerk is hired, which is planned for early 2010. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approved by the Board, Anna Duong will begin performing acting District Clerk duties immediately. Prepared by: Annetta Spiegel, Human Resources Analyst Contact person: Same as above Midpeninsula Regional Open Space District R-09-101 Meeting 09-28 October 28, 2009 AGENDA ITEM 5 AGENDA ITEM Execution of New Grant Contract with the Association of Bay Area Governments for Projects at Thornewood and Los Trancos Open Space Preserves in the Amount of$97,042.00. GENERAL MANAGER'S RECOMMENDATION Authorize the Board President to execute agrant contract with the Association of Bay Area Governments funded by the Federal American Recovery and Reinvestment Act of 2009 (ARRA) for sediment reduction projects at Thornewood and Los Trancos Open Space Preserves (OSPs). SUMMARY In 2006, a total of$200,000 was awarded to the District for sediment reduction projects at Thornewood and Los Trancos OSPs under State Proposition 50 through the Coastal Nonpoint Source Pollution Control Program. These funds were frozen on December 18, 2008, and, as a result, both projects were halted midway through implementation. The grant administrator, the Association of Bay Area Governments (ABAG), has secured an alternate funding source from the Federal American Recovery and Reinvestment Act(ARRA) of 2009 to fund completion of these projects. Approval of this new grant contract will allow both sediment reduction projects to be complete in fall 2010. DISCUSSION In 2006, ABAG awarded the District State Proposition 50 grant funds for two sediment reduction projects within the San Francisquito Creek watershed. Staff had expended approximately half of the grant funds at the time bond-funded grants were frozen in December 2008. ABAG , working with the State Water Resources Control Board's Clean Water State Revolving Fund Program, recently obtained an alternate funding source via the Federal ARRA stimulus program. Staff recommends that the Board authorize the Board President to sign a new ARRA grant contract in the District's remaining grant amount of$97,042 to allow these grant-funded projects to proceed in a timely manner. This change in funding source requires renewed authorization from the Board President since the terms and conditions of the agreement are different. Staff and General Counsel have thoroughly reviewed the new contract and are satisfied with the terms and conditions contained therein. R-09-101 Page 2 Under this new contract, the Thornewood Sediment Reduction Project will connect and improve the existing Bridle Trail to the preserve entrance at Old La Honda Road, and close and restore portions of the old alignment on Dennis Martin Road. Funds will be used to create safer passage across Dennis Martin Creek for hikers and equestrians while reducing the potential for sedimentation at that location. The Los Trancos Sediment Reduction Project includes improvements on Page Mill. Trail to remove fill material from a stream channel and add drainage features such as rolling dips. Under this new agreement, the District will be reimbursed approximately $90,000 for Thornewood and $7,000 for Los Trancos. FISCAL IMPACT The new contract replaces the pre-existing fully executed contract with ABAG funded by State Proposition 50. This action alone will not result in a fiscal impact. However, if the District does not meet the deadlines and other requirements of this new agreement, repayment of grant funds provided to the District by this grant would be required. These projects are being constructed by District forces; therefore, staff anticipates no difficulty in meeting the terms and conditions of this grant. PUBLIC NOTICE No further notification of the public is required beyond those of the Brown Act. CEQA COMPLIANCE At the regular meetingof Jul 25, 2007, the Board of Directors determined that the projects will Y not have a significant impact on the environment and that they are categorically exempt under Sections 15301, 15304, and 15333 of the California Environmental Quality Act (CEQA) (refer to Report R-07-79). No further CEQA compliance is required. uired. NEXT STEPS Staff expects to implement and complete the remaining restoration work for these sediment reduction projects in 2010. Prepared by: Meredith Manning, Acting Senior Planner Contact person: Same as above e i Ok I Midpeninsula Regional Open Space District R-09-92 Meeting 09-28 October 28, 2009 AGENDA ITEM 6 AGENDA ITEM Approval of Communications Site Lease Agreement Amendment and Exercise of Option with MetroPCS California LLC, at Pulgas Ridge Open Space Preserve. GENERAL MANAGER'S RECOMMENDATION Adopt the attached Board Resolution authorizing execution of the attached Communications Site Lease Agreement Amendment and Exercise of Option with MetroPCS California LLC. SUMMARY MetroPCS California LLC (Lessee) is exercising the first five (5) year option to extend their 2004 Communications Site Lease (Lease). Annual rent starts at $20,673 (retroactive to June 23, 2009) and increases four (4) percent per year for each of the four remaining years. Additionally, the attached Board Resolution authorizes the General Manager to negotiate, in accordance with the Lease, and thereafter approve, the exercise of the three subsequent options of the Communications Site Lease. The General Manager shall report to the Board upon such subsequent exercise of an option. DISCUSSION At the meeting of June 23, 2004, the Board approved the Lease including 15.76 square foot lease area under the PG &E tower with Lessee (see report R-04-59) for an Initial Term of five (5) years, with four (4) options to extend the Term for five years each. Lessee has exercised the first option to extend the Lease an additional five years. The Lease provides for negotiation of the Initial Year Rent or arbitration if the parties are unable to agree to an Initial Year Rent. Staff and Lessee have agreed to an Initial Year Rent for the Extended Term of$20,673 (retroactive to June 23, 2009) with a four(4) percent per year increase for each of the remaining four years of this Extended Term. Rent for extended terms is negotiated in light of then prevailing market rates. It is in the best interest of the District to approve the subject lease amendment because it provides the District with continued rental revenue at market rates with no new impacts to District land. Should a need for a different site use arise, the provisions of Public Resources Code §5563 permits early termination. To facilitate the future exercise of subsequent options to the Lease, the Board Resolution authorizes the General Manager to negotiate Rent in accordance with the Lease and to approve R-09-92 Page 2 the exercise of the three subsequent options of the Communications Site Lease. The General Manager shall report in writing on any such exercise of an option to the Board of Directors following the exercise thereof. FISCAL IMPACT As a result of the Lessee exercising the first five (5) year option to extend their original Communications Site Lease, District revenue for the Metro?CS communications facility for the next five years will increase annually as shown in the table below: Year Proposed Communications Site Lease Rent under New Amendment 2009/2010 $20,673.00 2010/2011 $21,500.00 2011/2012 $22,630.00 2012/2013 $23,254.00 2013/2014 $24,184.00 Total $112,241.00 PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The activity authorized is not a project for purposes of the California Environmental Quality Act (Guidelines Section 15378) because the extension of an existing communications lease pursuant to the exercise of an option does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. NEXT STEPS If the MetroPCS Communications Site Lease Agreement Amendment is approved by the Board of Directors, staff will notify the Lessee of Board approval of this item. Attachments: 1. Resolution 2. Communications Lease Agreement Amendment 3. Location Map Prepared by: Elaina Cuzick, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE AMENDMENT AND EXERCISE OF OPTION AND AGREEMENT WITH METROPCS CALIFORNIA LLC (PULGAS RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for up to twenty-five (25)years, and the Board of Directors hereby finds that the premises remain presently unnecessary for open space purposes and that continuation of the Lease for communication facilities is in the best interests of the public. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District approves the Amendment between Midpeninsula Regional Open Space District and MetroPCS California LLC, a copy of which is attached hereto and by this reference made a part hereof,and does hereby authorize the President or other appropriate officers to execute said Amendment on behalf of the District. Section Three. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of each of the three subsequent options of the Communications Site Lease as set forth in the Communications Site Lease. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion Of Such transactions. The General Manager shall report in writing on any such exercise of an option to continue the subject Communication Site Lease to the Board of Directors at the meeting immediately following the exercise thereof. ! ` AMENDMENT No. I to COMMUNICATIONS SITE LEASE AGREEMENT AND EXERCISE OF OPTION This Amendment No. | (`^/\mneodmocnd")to the herein referenced Communications Site Lease Agreement � iuhy and between the MetroPCS California LLC ("Lessee"), and the Midpeninsula Regional Open Space District, aupecia| district, formed pursuant toArticle 3 of Chapter 3 of Division 5 nf the California Public Resources Code ("Diybici``) ` '. � A. WHEREAS, District and Lessee are parties totbo1csdainConnonuuioations Site Lease dated June 23 2O04 ("'Lcuu�``)' uod , ` '^ � | B. WHEREAS, District and Lessee desire to now amend said Lease tomodify the rental terms aa � more particularly set out herein; and � C. VV}UBRE/\8, Lessee also desires to exercise the first Option to Extend Term xuhicctto the tcrnus � � -~ and conditions setfb�h herein. | NOW THEREFORE, District and Lessee amend the Lease as follows: | � |. |u accordance with Section 24 of the Lease, District and Lessee agree to � extend the Term of the Lease for an additional period of five(5)years, commencing June 23, 2009 � (Bst�ndcd ()pdooT�rnn). � � � . l. Section 4(a) of the Lease is deleted in its entirety and replaced usfollows: � Payable on or before execution of this Amendment and annually on the Commencement Date thereafter, Lessee shall pay District the rental at the rate then in effect. The rent("Rent") for the � first year of the extended Term shall be $20,673.00. The Rent shall be increased annually during � � the Extended Option Term as follows: i) Second year nf the Extended Option Term $21`500.00 ih Third year of the Extended Option Term $22,630.00 ii0 Fourth year of the Extended Option Term $23,254.00 iv) Fifth year oF the Extended Option Term $24`/84.00 � | ]. Section 9 of the Lease is amended to add the 0o||ovviug provision as item (d): Defensible space ofut least 100 feet in width around the perimeter of the Premises is required by law (Public Resource Code 42g)). Defensible space shall bc maintained free of all low-lying | brush, dry weeds, and similar flammable materials at Lessee's expense. Annual site inspections � of the Premises will be conducted by District staff 10 ensure that the defensible space is properly maintained. As needed, the District will arrange for the removal of brush, weeds, and flammable ono1cdu|a. The cost shall be pro-rated, based on the size, topography and flammable material in each area requiring maintenance, and overlap with other communication site premises. The cost shall bo reviewed with Lessee before the work is performed. Upon completion ofwork, Lessee | | will be billed for the work perD>ronod vvbicb shall be paid to District within 30-days of billing. ! Pugo | o[3 4. Lessee's notice addresses set forth in Paragraph 26 of the Lease are deleted in their entirety and replaced with the following: Lessee: Metro PCS 81.44 Walnut Hill Lane, Suite 800 Dallas, TX 75231 (214) 378-2928 Attn: Property Manager With a copy to: MetroPCS 1080 Marina Village Parkway, 4`t' Floor Alameda, CA 94501 Attn: Property Manager 5. If a conflict between terms in the Lease and those in this Amendment arises, the provisions of this Amendment shall control the construction and interpretation thereof. 6. Capitalized terms used in this Amendment not otherwise defined herein shall have the meanings ascribed to them in the Lease. 7. The Lease, as amended herein, shall continue in full force and effect with all other terms and conditions unchanged. 8. This Amendment may be executed in duplicate counterparts, each of which will be deemed an original. 9. Each of the parties represent and warrant that they h ve the right, power legal capacity and authority to enter into and perform their respective obligations under this Amendment. Page 2 of 3 IN WITNESS WHEREOF, District and Lessee have executed this Amendment. DISTRICT: LESSEE: Midpeninsula Regional MetroPCS California LLC Open Space District RECOMMENDED: By: Stephen E. Abbors General Manager President APPROVED: Date: Susan M. Schectman General Counsel ACCEPTED: ATTEST: President Board of Directors District Clerk Date: Page 3 of 3 PG & E Tower and Cellular Tenan , site Location Pulgas Ridge Open Space Preserve •., ' Crests• J' f :f Pulgas Ridge 01 o Open Space Pres rve I <ti i ..O ,r • i T ..d ,bssler Loop Trail ............... Site Location ' N o F t y Y• O `'E w � f Caltrans Park & Ride .� Edgewcio d County Park f ., i tit ,1 t LZ 0 0.125 0.25 0,50 Produced by Midpeninsula Regional Open Space District, May 2008 Miles Midpeninsula Regional Open Space District R-09-113 Meeting 09-28 October 28, 2009 AGENDA ITEM 7 AGENDA ITEM Memorandum on Internal Control and Requirement Communications from Maze and Associates to Midpeninsula Regional Open Space District's Board of Directors. GENERAL MANAGER'S RECOMMENDATION ,,-�4�e Accept the Required Communications and Memorandum on Internal Control from Maze and Associates regarding the District's audited financial statements for year ended March 31, 2009. SUMMARY On June 3, 2009, Maze and Associates conducted an audit on the District's financial statements for the year ended March 31, 2009. At the meeting of September 09, 2009 (R-09-102), staff distributed to the Board copies of the audited basic financial statements. To supplement the audited basic financial statements, (a)the Memorandum on Internal Control and the (b) required communications from Maze and Associates are presented here for the Boards information. DISCUSSION The two attached letters, (a) Memorandum on Internal Control and (b) Required Communications, are part of a required communication from Maze and Associates to the District's Board of Directors regarding the audited financial statements of the District. In accepting these communications, the Board acknowledges that the General Manager will implement the recommendations contained therein. FISCAL IMPACT There will be no fiscal impact. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. R-09-113 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS None. Attachment: Memorandum on Internal Control and Required Communications Prepared by: Anna Duong, Acting District Clerk Contact person: Mike Foster, Controller i i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT j MEMORANDUM ON INTERNAL CONTROL AND REQUIRED COMMUNICATIONS FOR THE YEAR ENDED MARCH 31,2009 This Page Left Intentionally Blank --- - — - ` � MMPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM ON INTERNAL CONTROL AND REQUIRED COMMUNICATIONS For the Year Ended Maroh31,2O09 Table of Contents Paee Memorandum on Internal Control....................................................................................................l ' Schedule of Other Matters........................................................................................................] Status of Prior Year Recommendations---....------..-------.-------..h � ,__,__.,______,___-----------------.----7 ! � Financial Statement Audit Assurance.....................................................................................7 � Other Information Included with the Audited Financial Statements------------7 AccountingPolicies.................................................................................................................7 � GAS@ Statement 45..................................................................................................................7 � Unusual Transactions, Controversial or Emerging Areas.....................................................0 Estimates...................................................................................................................................8 Disagreements with Management...........................................................................................8 RetentionIssues........................................................................................................................u Di[fiuubiea.....................................................................................----------.............8 � � Audit ----'...----_^--'---'—''------'------9 Uncorrected Misstatements.....................................................................................................y � ^ � � � � � � � � This Page Left Intentionally Blank MAZE & ASSOCIATES ACCOUNTANCY CORPORATION Phu ,a.tP 1W11, (.3' lifinnia 94523 )2,15)A''0-0902 F:''t X(92 ) tl-k"'135 MEMORANDUM ON INTERNAL CONTROLra Tr}ra oarl �� June 3,2009 Board of Directors Midpeninsula Regional Open Space District Los Altos, California hi planning and performing our audit of the financial statements of the Midpeninsula Regional Open Space District as of and for the year ended March 31, 2009, in accordance with auditing standards generally accepted in the United States of America, we considered the District's internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control. Accordingly, we do not express an opinion on the effectiveness of the District's internal control. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control was for the limited purpose described in the first paragraph and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. However, we noted no matters that we consider to be material weaknesses or significant deficiencies. Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe to be of potential benefit to the District. The District's written responses included in this report have not been subjected to the auditing procedures applied in the audit of the financial statements and,accordingly,we express no opinion on them. This cornmunication is intended solely for the information and use of management, District Council, others within the organization, and agencies and pass-through entities requiring compliance with generally accepted government auditing standards, and is not intended to be and should not be used by anyone other than these specified parties. 8 rrar,., .czo,v r..,a.po rrWon 1 This Page Left Intentionally Blank MIDPENINSULA REGIONAL OPEN SPACE DISTRICT _ MEMORANDUM ON INTERNAL CONTROL STRUCTURE SCHEDULE OF OTHER MATTERS 2009-01 - Upcoming GASB - Statement No. 49 -Accounting and Financial Reporting for Pollution Remediation Obligations This Statement addresses accounting and financial reporting for pollution remediation obligations (including contamination),which are obligations to address the current or potential detrimental effects of existing pollution by participating in pollution remediation activities such as site assessments and cleanups. This Statement excludes pollution prevention and landfill closure or post-closure costs. A municipality must estimate expected outlays for pollution remediation if it knows a site is polluted and any of the following recognition triggers occur: ■ Pollution poses an imminent danger to the public or environment and a government has little or no discretion to avoid fixing the problem. ■ A government has violated a pollution prevention-related permit or license. ■ A regulator has identified (or evidence indicates it will identify) a government as responsible (or potentially responsible)for cleaning up pollution,or for paying all or some of the cost of the clean up. ■ A government is named (or evidence indicates that it will be named) in a lawsuit to compel it to address the pollution. ■ A government begins or legally obligates itself to begin cleanup or post-cleanup activities(limited to amounts the government is legally required to complete). Liabilities and expenses would be estimated using an "expected cash flows" measurement technique, which is used by environmental professionals but will be employed for the first time by governments. Statement 49 also will require governments to disclose information about their pollution obligations associated with clean up efforts in the notes to the financial statements. Pollution remediation outlays should be capitalized in the proprietary fund statements when goods and services are acquired if acquired for any of the following circumstances: a. To prepare property for sale. Capitalized costs(including pollution remediation costs) continue to be limited to lower of cost or net realizable value b. To prepare property for use when the property was acquired with known or suspected pollution that was expected to be remediated. Governments should capitalize only those pollution remediation outlays expected to be necessary to place the asset into its intended location and condition for use. c. To perform pollution remediation that restores a pollution-caused decline in service utility that was recognized as an asset impairment. Governments should capitalize only those pollution remediation outlays expected to be necessary to place the asset into its intended location and condition for use. d. To acquire property, plant, and equipment that has a future alternative use. Outlays should be capitalized only to the extent of the estimated service utility that will exist after pollution remediation activities uses have ceased. For outlays under criteria a and b, capitalization is appropriate only if the outlays take place within a reasonable period prior to the expected sale or following acquisition of the property, respectively, or are delayed,but the delay is beyond the government's control. 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM ON INTERNAL CONTROL STRUCTURE SCHEDULE OF OTHER MATTERS 2009-02 - Upcoming GASB Statement No. 51, Accounting and Financial Reporting for Intangible Assets-Retroactive Application Required Governments have different types of intangible assets, such as easements, water rights, patents, trademarks, and computer software. Easements are referred to in the GASB 34 description of capital assets, which has raised questions about whether and when intangible assets should be considered capital assets for financial reporting purposes. The absence of specific authoritative guidance has resulted in inconsistencies in the recognition, initial measurement, and amortization of intangible assets among governments. The objective of this Statement is to establish accounting and financial reporting requirements for intangible assets to reduce inconsistencies and enhance comparability. A summary of the statement: ➢ Intangible assets should be classified, accounted for and reported as capital assets, unless excluded from the scope. Guidance in this statement is in addition to existing capital asset guidance. ➢ GASB 51 specifically addresses the nature of intangible assets. o Lack of physical substance. An asset may be contained in or on an item with physical substance, for example, a compact disc in the case of computer software. An asset also may be closely associated with another item that has physical substance,for example,the underlying land in the case of a right-of-way easement. These modes of containment and associated items should not be considered when determining whether or not an asset lacks physical substance. o Nonfinancial nature. In the context of this Statement, an asset with a nonfinancial nature is one that is not in a monetary form similar to cash and investment securities, and it represents neither a claim or right to assets in a monetary form similar to receivables,nor a prepayment for goods or services. o Initial useful life greater than one year. ➢ GASB 51 excludes: o Assets acquired or created primarily for the purpose of directly obtaining income or profit. o Assets resulting from capital lease transactions reported by lessees. o Goodwill created through the combination of a government and another entity. ➢ Recognition of an intangible asset occurs only if it is considered identifiable. That is when either of the following apply: o The asset is separable from the government. That is it can be sold, transferred, licensed, rented,or exchanged. o The asset arises from contractual or other legal rights,regardless of whether transferable or separable. o Specific conditions must present to recognize internally generated intangibles. Capitalization of costs begins after all of the following criteria are met: o Determination of specific objectives of the project and the nature of the service capacity expected upon the completion. o Demonstration of the feasibility that the completed project will provide its expected service capacity o Demonstration of the current intention, ability, and effort to complete or continue development of the intangible asset. o Internally generated computer software is used as an example in applying the specific conditions approach. i 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM ON INTERNAL CONTROL STRUCTURE SCHEDULE OF OTHER MATTERS ➢ Amortization lives are addressed: o Limited by contractual or legal provisions. ■ Renewal periods for rights may be considered if there is evidence that the government will seek and be able to achieve renewal and that any anticipated outlays to be incurred as part of achieving the renewal are nominal. Such evidence should consider the required consent of a third party and the satisfaction of any conditions required to achieve renewal. o An indefinite life(no amortization)is permitted so long as there are: ■ No limiting legal,contractual,regulatory,technological, or other factors,and ■ No subsequent change in circumstances. ■ A permanent right-of-way easement is an example. Retroactive Application. For GASB 34 Phase I & II governments, retroactive reporting is required for intangible assets acquired in fiscal years ending after June 30, 1980. Retroactive reporting is not required for intangible assets with indefinite useful lives or internally generated intangibles,as of the effective date �I 5 I M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM ON INTERNAL CONTROL STATUS OF PRIOR YEAR RECOMMENDATIONS 2008-01 UNRECORDED CASH The District has not recorded cash that is held by the trustee at Bank of New York for the 1999 Revenue Bonds, 2004 Revenue Bonds, and the 2007 Revenue Refunding Bonds. Though the balances of the accounts are immaterial, the District should continue to monitor these accounts and recognize them as cash held by the District. Management Response: Management agreed and have recorded these cash balances in fiscal year 2009. 2008-02 CONFLICT OF INTEREST CODE According to Gov. Code Section 87100 "No public official at any level of state or local government shall make,participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." Elected officials and other candidates under Gov. Code Section 87200, are required to file Form 700 with the State of California, which alerts public officials to personal interests that might be affected while they are performing their official duties. As of May 27,2008,most of the employees that were required to file Form 700 had done so,which were due April 1,2008. We understand that the position responsible for the oversight of this process was vacant in the Spring of 2008, but this does not eliminate the need to have the necessary forms filed. Subsequent to the completion of our fieldwork,all Form 700's were completed and filed. Management Response: Management agreed and the Conflict of Interest forms were filed on time in fiscal 2009. 6 MAZE & ASSOCIATES ACCOUNTANCY CORPORATION 3478 Buskirk Ave. - Suite 21 pph MY, California 945?3 REQUIRED COMMUNICATIONS of June 3 2009 raai�ci?raaa;�e�as.�aci�Pes.�i�ria Board of Directors Midpeninsula Regional Open Space District Los Altos,California We have audited the financial statements of the Midpeninsula Regional Open Space District as of and for the year ended March 31, 2009 and have issued our report thereon dated June 3, 2009. Professional standards require that we advise you of the following matters relating to our audit. Financial Statement Audit Assurance: Our responsibility,as prescribed by professional standards, is to plan and perform our audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit in accordance with generally accepted auditing standards does not provide absolute assurance about, or guarantee the accuracy of, the financial statements. Because of the concept of reasonable assurance and because we did not perform a detailed examination of all transactions, there is an inherent risk that material errors, fraud, or illegal acts may exist and not be detected by us. Other Information Included with the Audited Financial Statements: Pursuant to professional standards, our responsibility as auditors for other information in documents containing the District's audited financial statements does not extend beyond the financial information identified in the audit report, and we are not required to perform any procedures to corroborate such other information. Our responsibility also includes communicating to you any information that we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is materially inconsistent with the information, or manner of its presentation, appearing in the financial statements. This other information and the extent of our procedures is explained in our audit report. Accounting Policies: Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the District is included in Note 1 to the financial statements. There have been no initial selections of accounting policies and no changes in significant accounting policies or their application during 2009. As described in notes to the financial statements,during the year,the District implemented the following new standards: GASB Statement No. 45 - Accounting and Financial Reporting By Employers for Postemplovment Benefits Other Than Pensions GASB 45 uses Pension Accounting (GASB 27) to change the accounting for Other Post Employment Benefits (OPEB)to full accrual at the Entity-wide and proprietary funds financial statement levels.Under the concepts in GASB 45, an actuarial study or simplified measurement method calculation is performed to determine an Annual Required Contribution (ARC). So long as employers contribute this amount every year,no accrual adjustment is needed in the financial statements. A summary of the impacts of this statement are presented below. 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUIRED COMMUNICATIONS As discussed in Note 9 to the financial statements, during the year ended March 31, 2009, the District contributed the ARC for fiscal 2008-09 by paying retiree health care premiums and additional contributions into a separate irrevocable trust established for the sole purpose of funding OPEB. This Trust is governed by a separate board, which is not appointed or controlled by the District Board or management and it has therefore been excluded from the District's financial statements. There was no cumulative effect of the accounting change as of the beginning of the year. Unusual Transactions, Controversial or Emerging Areas: No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. There have been no initial selections of accounting policies and no changes in significant accounting policies or their application during 2009. Estimates: Accounting estimates are an integral part of the financial statements prepared by management and are based on management's current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgments. The most sensitive accounting estimate affecting the financial statements is depreciation expense. Management's estimate of the useful lives of its capital assets is based on industry averages. We evaluated the key factors and assumptions used to develop the depreciation expense and determined that it is reasonable in relation to the basic financial statements taken as a whole. Disagreements with Management: For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the District's financial statements or the auditor's report. No such disagreements arose during the course of the audit. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. Retention Issues: We did not discuss any major issues with management regarding the application of accounting principles and auditing standards that resulted in a condition to our retention as the District's auditors. Difficulties: We encountered no serious difficulties in dealing with management relating to the performance of the audit. i 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUIRED COMMUNICATIONS Audit Adjustments: For purposes of this communication, professional standards define an audit adjustment, whether or not recorded by the District, as a proposed correction of the financial statements that, in our judgment, may not have been detected except through the audit procedures performed. These adjustments may include those proposed by us but not recorded by the District that could potentially cause future financial statements to be materially misstated, even though we have concluded that the adjustments are not material to the current financial statements. We did not propose any audit adjustments that, in our judgment, could have a significant effect, either individually or in the aggregate, on the entity's financial reporting process. Uncorrected Misstatements: There were no uncorrected financial statement misstatements. This report is intended solely for the information and use of the audit committee, Board of Directors, and management and is not intended to be and should not be used by anyone other than these specified parties. 9 i This Page Left Intentionally Blank I Midpeninsula Regional Open Space District � y R-09-114 Meeting 09-28 October 28, 2009 AGENDA ITEM 8 AGENDA ITEM Approval of a Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with respect to the Sale of 100%of the Midpeninsula Regional Open Space District's Proposition I Receivable from the State of California, in the Approximate Amount of $2,177,515, to the California Statewide Communities Development Authority. GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution authorizing the sale of the 100% of the District's Proposition 1 A receivable from the State of California, in the approximate amount of $2,177,515, to the California Statewide Communities Development Authority and authorizing certain other actions in connection therewith SUMMARY As a result of Proposition 1 A Suspension, the District is seeking approval to securitize its Proposition 1 A fund, approximately $2,177,515, through California Communities' Proposition 1 A Bonds, as authorized under ABX4 14 and ABX4 15. The recommended action will provide the District with 100% of its Proposition 1 A Receivable in two equal installments, on January 15, 2010 and May 3, 2010, fully mitigating the impacts of the Proposition 1 A Suspension on the District's property tax revenues. DISCUSSION Proposition 1 A Suspension: Proposition 1 A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-third of the Legislature concurs. The emergency suspension of Proposition IA was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8%of the amount of property tax revenue apportioned R-09-114 Page 2 to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. Santa Clara and San Mateo Counties have calculated that the state borrowing from the District will be $2,177,515, to be borrowed 50% on January 15, 2010 and 50% on May 1, 2010. The State Treasurer has declared that the State will pay interest, at maturity, at the rate of 2%per year. The legislature is currently reviewing a clean-up bill, SB67 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Proposition 1 A receivable; tax- exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revision to the hardship mechanism. While SB67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SB67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction Counsel will be of no force and effect and will be destroyed. Proposition 1 A Securitization Program: Authorized under ABX4 14 and ABX4 15, the Proposition I Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition I Receivables to California Communities. Currently, SB67 is being considered to clarify specific aspects of ABX4 14 and ABX4 15. Under the Securitization Program, California Communities will simultaneously h h g , s u taneously purchase the Proposition I A Receivables, issue bonds ("Proposition I A Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the District sells its Proposition I Receivable under the Proposition I Securitization Program, California Communities will pledge the District's Proposition 1 A Receivable to secure the repayment of a corresponding amount of the Proposition 1 A Bonds. The District's sale of its Proposition 1 A Receivable will be irrevocable. Bondholders will have no recourse to the District if the State does not make the Proposition 1 A Repayment.ment. Therefore participation artici ation in this sale of p p receivables eliminates any non-repayment Y risk of non-re a ment b the State on the scheduled date of June 30 2013. Proposition 1 A Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. Benefits of ram:Participation in the Proposition 1 A Securitization Pro p P €�_ The District has two alternatives. First, the District could hold its receivable for three years, manage without the $2.2 million, and expect re-payment plus interest at 2% per year on June 30, R-09-114 Page 3 2013. Second, the District can sell its receivable in the proposed financing. The benefits to the District of participation in the Proposition IA Securitization Program include: • Immediate cash relief—the sale of the District's Proposition I A Receivable will provide the District with 100% of its Proposition 1 A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. • Mitigates impact of 8%property tax withholding in January and May Per ABX4 14 and ABX4 15 and the proposed clean-up legislation SB 67,the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition IA. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. • All costs of financing borne by the State of California. The District will not have to pay any interest cost or cost of issuance in connection with its participation. • No obligation on Bonds. The District has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. District bond underwriters indicate that this sale of receivable will have no negative impact of the District's ability to sell notes or bonds to the public. Proceeds of the Sale of the Districts Proposition 1 A Receivable: Upon delivery of the Proposition I Bonds, California Communities will make available to the District its fixed purchase price, which will equal 100% of the local agency's Proposition I Receivable. These funds may be used for any lawful purpose by the District and are not restricted by the program. Proposed Proposition 1 A Receivables Sale Resolution: The proposed Proposition IA Receivables Sale Resolution: (1) Authorizes the sale of the District's Proposition 1 A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition IA Receivable and instructing the disbursement of the Proposition 1 A Receivable to the Proposition 1 A Bond Trustee; (4) Appoints certain District officers and officials as Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. R-09-114 Page 4 Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition I Receivable to California Communities; (2) Contains representations and warranties of the District to assure California Communities that the Proposition I A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and that this is an arm's length "true sale" of the Proposition IA Receivable; (3) Provides mechanics for payment of the Purchase Price; and (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition 1 A Purchase and Sale Agreement Exhibits: (B1) Opinion of Counsel: This is an opinion of the counsel to the local agency (which may be an in-house counsel or an outside counsel) covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (132) Bring Down Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (C1) Certificate of the Clerk of the Local Agency: A certificate of the District Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the District dated as of the Pricing Date confirming that the representations and warranties of the District are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. (0) Bill of Sale and Bring Down Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1 A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required instruction to let the State Controller know that the Proposition I Receivable has been sold and direct the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Letter instructing Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009, for any reason, to destroy all documents. R-09-114 Page 5 FISCAL IMPACT Completion of the proposed sale of the District's Proposition I receivable will allow the District to avoid any loss of cash revenue in Fiscal Years 2009-2010 and 2010-2011. The District's projected cash revenue would be unchanged from projected revenue in the Fiscal Year 2009-2010 budget. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEP Once approved, staff will proceed with the necessary procedure to execute the sale. pp p rY Attachments: 1. Resolution 2. Purchase and Sale Agreement Prepared by: Mike Foster, Controller Sue Schectman, General Counsel Contact person: Mike Foster, Controller } 1 � CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser i PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 E-1 i TABLE OF CONTENTS Page I DEFINITIONS AND INTERPRETATION......................................................................2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT................2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE......................................................................3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER..........................4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER...................................5 6. COVENANTS OF THE SELLER.....................................................................................7 7. THE PURCHASER'S ACKNOWLEDGMENT ..............................................................9 8. NOTICES OF BREACH...................................................................................................9 9. LIABILITY OF SELLER; INDEMNIFICATION............................................................9 10. LIMITATION ON LIABILITY ...................................................................................... 10 11. THE SELLER'S ACKNOWLEDGMENT...................................................................... 10 12. NOTICES......................................................................................................................... 10 13. AMENDMENTS ............................................................................................................. 10 14. SUCCESSORS AND ASSIGNS..................................................................................... 10 15. THIRD PARTY RIGHTS................................................................................................ 11 16. PARTIAL INVALIDITY................................................................................................ 11 17. COUNTERPARTS.......................................................................................................... 11 18. ENTIRE AGREEMENT.................................................................................................. 11 19. GOVERNING LAW........................................................................................................ 12 EXHIBIT A-DEFINITIONS...................................................................................................A-1 EXHIBIT B I -OPINION OF SELLER'S COUNSEL...........................................................BI-I EXHIBIT B2 -BRINGDOWN OPINION OF SELLER'S COUNSEL.................................132-1 EXHIBIT C I -CLERK'S CERTIFICATE.............................................................................cl-I EXHIBIT C2- SELLER CERTIFICATE...............................................................................C2-1 EXHIBIT C3 -BILL OF SALE AND BRINGDOWN CERTIFICATE................................C3-1 EXHIBIT D- IRREVOCABLE INSTRUCTIONS TO CONTROLLER................................D-1 EXHIBIT E- ESCROW INSTRUCTION LETTER................................................................ E-1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this"Agreement"), is entered into by and between: (1) 1VIII�►3? L .xt1 � ' $ACT, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the"Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California(the"Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California(the"State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition 1 A receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition I Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition IA Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition IA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. AGREEMENT NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term"including" shall mean"including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition lA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 2 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit C1 and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, 4) this Agreement, (5) a certified copy of the resolution of the Seller's Bcd o Dxarc'PO approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the "Bill of Sale") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion,the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition IA Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seiler from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition IA Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition 1 A Receivable pursuant to the Act and other 3 applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition I A Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition I A Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation,judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition IA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition I A Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 4 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition IA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition I A Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition IA Receivable or the performance by the Seller of its 5 obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition I A Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition I A Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller was the sole owner of the Proposition IA Receivable, and has such right, title and interest to the Proposition IA Receivable as provided in the Act. From and after the conveyance of the Proposition IA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition IA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition 1A Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition 1A Receivable to the Purchaser, the Seller held title to the Proposition IA Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition I A Receivable. 6 (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. 0) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 62 (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition I Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead resents itself to the public as an entityseparate from the Purchaser. P P (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand(including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms-length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition IA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition IA Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek j enforcement thereof by others, or to prevent others from modifying, terminating, discharging or i impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and(ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition I Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.6(c) of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition IA Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the event that the Seller receives an r f y proceeds o the Proposition IA Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition I Receivable. (g) The Seller shall treat the sale of the Proposition IA Receivable as a sale for regulatory and accounting purposes. 8 (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition IA Receivable is not a debt or liability of the Seller, and that the Proposition IA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make an payment of the Proposition g Y Y p Ym p IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. ( ) Upon the Seller or the Purchaser that the Seller or Purchaser has Pon discovery b Y breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition IA Receivable or the Purchase Price thereof, the discovering party shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. b The Seller shall not a lia ble able to the Purchaser, the Trustee the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seiler, Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. 9 i 10. Limitation on Liability. (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller hereby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of(a) its rights hereunder and (b) the Proposition IA Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition IA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or finpairedth6reby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject,matter hereof. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. ��IIDP, +T�NS�1`LA GIQAL C?PEN.SP.A� DES , as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser By: Authorized Signatory 12 EXHIBIT A DEFINITIONS For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale"has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to ,f not later than one day prior to the Closing Date. "Controller"means the Controller of the State. "County Auditor" means the auditor or auditor-controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments"have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification tonfostera opo*6c*pt not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at circle, L:,: C A-i "Proposition IA Receivable"has the meaning set forth in Section 2(a). "Purchase Price"means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. ."Resolution" means the resolution adopted by theaac o,,,I4 approving the sale of the Proposition 1A Receivable. "State"means the State of California. "Transaction Counsel"means Orrick, Herrington& Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition IA Receivable of dated as of the Closing Date. Mi!,&*n� f�egjoi* Op at A-2 EXHIBIT BI OPINION OF COUNSEL to Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank,National Association Los Angeles, California Re: Sale of Proposition I Receivable Ladies &Gentlemen: Gav)/This Office has] acted as counsel for the apt !actsuayaRegxtaraCSpCnt jjj � (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the ot, uecn of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition IA Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition IA Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the `Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the"Seller Documents"). Unless the context otherwise requires, capitalized terms used but no otherwise defined herein shall have the meanings given to such terms in the Sale Agreement.9e] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters awe] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below,&el have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein,Oxe] are of the opinion that: B1-1 I 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best oflii)/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller(i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition I A Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of my, our] knowledge, prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition IA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition I A Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, I e] (DV express no opinion as to the value of the Proposition I A Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition I A Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. BI-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administr ve agency other than the Purchaser or with any other person or entity for any purpose without([my our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the u 4erwriters of the Bonds may rely upon this legal opinion as if},'A were addressed to them. ��Fe] do not undertake to advise you of matters that may come to P3Pour] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, By: Seller's Counsel B 1-3 EXHIBIT B2 OPINION OF COUNSEL to PETIA C ' 4P +CE IISTI ` ' Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition 1 A Receivable(Bringdown Opinion) Ladies &Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the 1 f dpe i suta.; gional t pen Space Ji�4io (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the Seller in connection with the sale of the Seller's Proposition IA Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, By: Seller's Counsel B2-1 I EXHIBIT C 1 CLERK'S CERTIFICATE CERTIFICATE OF THE OF CALIFORNIA Dated: Pricing Date The undersigned Nfr,;q of the dp Regt r! x �I e c (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct cony of Resolution No. 09-2 q duly adopted at a uAw meeting of the #G""ar`-F" tra of said Seller duly and legally held at the regular meeting place thereof on the day of ot;66tr 2009, of which meeting all of the members of said 7ecor had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: 'Fd Sieveehs, P4.ry Da4k.LL-, `) .A Cy V- Cun,+-Ri NOES: Now ABSENT: Nov-,- ABSTAIN: j\6we_. I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of L6CW4�, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. By t� L1siict'Cler�k of the regional q Sp. C }1S$1G , California C1-1 EXHIBIT C2 SELLER CERTIFICATE SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the NlidpeunsIa„Regzanal tier>, pc Ist (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement,dated as of November 1, 2009 (the "Sale Agreement"),between the Seller and the California Statewide Communities Development Authority(the"Purchaser"), 2. Irrevocable Instructions For Disbursement of Seller's Proposition 1 A Receivable to the Controller of the State of California, dated the Closing Date. 3. Bill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: 1. At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. Theipaxd pf burector duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition 1A Receivable at a meeting of the which was x. p g DOS or9.x�?r,. duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name Official Title Signature �xe ... ne Gam^^ i r I HEREBY CERTIF Y g that the signatures of the officers s named above are genuine. Dated: Pricing Date By. California C2-2 l EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition IA Receivable as defined in the Sale Agreement (the "Proposition 1 A Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seiler specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition 1A Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the Jpj �� dated the Pricing Date, the Seller Certificate dated dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date IDPI✓NINS .A PEGIQNAI P OP,,ErT�, A��%U�S' = By: Atithorized Officer C3-1 i EXHIBIT D IRREVOCABLE INSTRUCTIONS TO CONTROLLER IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION IA RECEIVABLE OF Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition I Receivable by the 1V1icolpa Retina Qpen Space; ?ift`ci and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, NO Qpexi space�sta�c (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition IA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's �I?M A atetrsas authorized the sale of the Proposition 1 A Receivable to the California Statewide Communities Development Authority(the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank,National Association, as Trustee(the"Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition IA Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition IA Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and(iii) so long as the Indenture has not been discharged, these instructions D-I cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement, (b) the Purchaser has not waived such requirements; and(c) the Purchaser has not purchased the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing#: 121000248 Bank Account#: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition I Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone#: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, 1��P7�� TS �G�QN.�L QP�,SPAt" By: Authorized Officer D-2 EXHIBIT E ESCROW INSTRUCTION LETTER ESCROW INSTRUCTION LETTER OC-o6cr 2 g , 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Proposition IA Receivable Financing Dear Sir or Madam: The �{ n ` YtntGt (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition I A Receivable, the Seller's has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition 1 A Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: I. certified copy of the Resolution, together with a certificate of the Disr%c Cterk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel(bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Very truly yours, ,gN]NSUIL,—, cyl , By:. Authorized Officer Enclosures cc: . Orrick, Herrington& Sutcliffe LLP E-2 i RESOLUTION NO. ©q_ 29 f OF THE MIDPENSU ,A2E( If3TAiizC ' N, PACEIIS�'1i2ICT A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total arnount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the Midpeninsula'Regianal Open''Sp acepDistrict, alocal agency within the f the California Government Code the "Seller"), is entitled to and meaning of Section 65$5(f) o ( ) has determined to sell all right, title and interest of the Seller in and to its "Proposition IA receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition 1 A Receivable; WHEREAS, the Purchaser desires to purchase the Proposition IA Receivable and the Seller desires to sell the Proposition I A Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this Board of Directors (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition 1 A Receivable from the Seller and the purchase price of other Proposition IA Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely i i i from the proceeds of the Seller's Proposition 1A Receivable and other Proposition IA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by Midpe4*01a r Regional Qpen ,Spaire District to secure a borrowing, (ii) any such sale of its Proposition I Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition IA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition IA Receivable sold to the Purchaser and the Proposition IA Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition 1 A Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition 1 A Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition 1 A Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the Board of°Directors of the Midpeninsula Regional'°Open Space District hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this Board of Directors hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition I A Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the Board of Directors is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition ]A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition 1 A Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. 2 � . � � Section 4. The Authorized Officers and such other Seller officers, agappropriate, are hereby authorized and directed,jointly and severally, to do any and all things and hoexecute and deliver any and all documents, including but not limited to, if required, appropriate nmurnw instructions relating to the delivery into ouonovv of executed doounlonta prior to the closing of the Bonds, and such other documents mentioned in the Sn|o Agreement orthe Indenture, which any of them may dccno necessary or desirable in order to implement the Sale /Lgcccnmcut and nthsrw comply carry out, give effect and cop|y with the terms and intent ofthis Resolution; and aUoUchactions heretofore taken' bwuuufi officers are hereby�ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted orrequired by any of the documents authorized by this Resolution, whether before or after the ou|m of the Proposition I Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may he necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this BVm�rdof'T)inuctooa, and each Authorized [)f5ocr is hereby � authorized and directed to giveauy such consent, approval, notice, order orrequest, to execute � any necessary or appropriate documents or amendments, and to take any such action that such � � Authorized Officer may deern necessary or desirable to further the purposes of this Resolution. � Section 6. The )� noknovv|cdgcu that, upon execution and � delivery of the 5u|c /\grccrncot, the Sci|or is contractually obligated to oml( the Proposition |/\ Receivable to the Purchaser pursuant to the 8u|e Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement orto determine not toperform its obligations thereunder. | | � � � � � 9 I Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the Boardaf D>reetors of the Mcperlrnsula Regton wOp t1 G ,p1StCte , State of California, this 2g ^ day of 04o bt r— , 2009, by the following vote: AYES: pel-e- Sit*wt4►s, Mo,,y D wt-y, 7e.<l CyV-, C Ih-j- PCL#1e., Nov e-ffe- L--U" -ki a s s t.H , Ce-LI l Y WAA-V-,5 NOES: Now ABSENT: Nov�R- Attest: �crv� District Clerk Approved as to form SELLER'S COUNSEL By I Dated: 4 APPENDIX A MtDPENWSVI A: GIONA"Pl�N.SPACE'I)ISTR:ICT I i Authorized Officers: Stephen,.Abtors, General Manager Sue Sc'hectmt(n, Gerieral'Cotinsel Michael Foster, Controller any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY REVENUE BONDS (STATE OF CALIFORNIA PROPOSITION I A RECEIVABLES PROGRAM) SERIES 2009 CERTIFICATE OF THE SELLER RE: COMPONENTS OF PROPOSITION IA RECEIVABLES The undersigned, an Authorized Officer of the Midpeninsula Regional Open Space District (the "Seller") hereby certifies with respect to that certain Purchase and Sale Agreement, dated as of November 1, 2009 (the "Agreement"), by and between the Seller and the California Statewide Communities Development Authority (the "Purchaser") as follows (all capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Agreement): I The components (the "Components") of the Proposition IA Receivable listed in Schedule 1, attached hereto and incorporated herein by reference, be to the Seller; 2. The Components are listed as they appear on the certification of the County Auditor pursuant to Section 6588.6(e) of the Government Code; 3. By entering into the Agreement, the Seller is selling the Proposition IA Receivable, including all Components thereof listed in Schedule 1; 4. The Seller acknowledges that the Purchase Price of the Proposition IA Receivable will be equal to the aggregate Initial Amounts of each Component as each such Component is separately certified by the County Auditor; and 5. The funds or other entities listed as Components in Schedule I (other than the Seller itself) are not independent legal entities with the power to enter into contracts. Dated: Pricing Date MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Au orized Officer Component Certificate of Midpeninsula Regional Open Space District . . ^ / � � ACKNOWLEDGEMENT OF SELLER'S COUNSEL Based on such inquiry as the undersigned determined to be necessary of the county office responsible for the preparation of the report given pursuant to Government Code Section 8580.6(s), and in reliance on such information as is provided in the report and o1bcn*ioe by the County as to the identity and nature of the accounting entities shown, as Counsel to the Seller the undersigned hereby acknowledges and confirms that the statements in paragraphs \ and 5ofthis certificate are legally correct. This acknowledgement and confirmation is subject to the muottccu referred to in the Opinion ofCounsel to the Midpeuivau|u 0Leginoo| Open Space District dated as � of the Pricing Date and executed by the undersigned, including, but not limited to, the limitations expressed in the second 10 last paragraph of that Opinion. By: Seller's Counsel � � � � � � � � � � � � � � 3 Component Certificate ofK4idpcninou|u Regional Open Space District SCHEDULEI COMPONENTS OF PROPOSITION IA RECEIVABLE t�Names of Components for Midpeninsula Regional Open Space District S av&•i ct. Gavto, CA tx.yt — r{i c� !h S w�0. OF" Sac.,— 1�S S-14 M a,}X O Cou.A•�y — Md cQ�e.v►i Schedule 1 Component Certificate of Midpeninsula Regional Open Space District t Midpeninsula Regional • ' Open Space District R-09-116 Meeting 09-28 October 28, 2009 AGENDA ITEM 9 AGENDA ITEM Informational Report on the Santa Clara Valley Water District's Proposed Permanente Creek Flood Protection Project. GENERAL MANAGER'S RECOMMENDATION Receive an informational report from the Santa Clara Valley Water District (Water District) on the current status and recent activities concerning the proposed Permanente Creek Flood Protection Project and circulating Draft Environmental Impact Report. SUMMARY The proposed Permanente Creek Flood Protection Project would provide flood protection for residents, businesses, and infrastructure along the Permanente Creek corridor in the cities of Mountain View, Los Altos, and Cupertino. As proposed, the project would afford protection to an estimated 2,700 parcels currently subject to flooding during a 100-year flood event, potentially preventing an estimated $48 million in damages (1999 value). The proposed project combines a number of flood detention basins and stream channel improvements along 10.6 miles of Permanente Creek. One of the project elements is a proposed flood detention basin to be located within Ranch San Antonio County Park immediately adjacent to Rancho San Antonio Open Space Preserve. DISCUSSION Location The proposed Rancho San Antonio Flood Detention Facility (basin) would be constructed approximately 200 feet southwest of Cristo Ray Drive at the shared entrance to the County's and District's park and open space facilities. The proposed flood detention facility would also be located immediately adjacent to the County Park equestrian parking lot. (Attachment Al) History Permanente Creek has a long history of flooding. Most recently, major flooding occurred in 1995 and 1998. In response to these recent floods events and the continued threat of flooding, the Water District began analyzing potential opportunities for enhancing flood protection within the watershed. Potential project components and alternatives have been proposed, compiled, and T R-09-116 Page 2 ' analyzed by the Water District. In 2007, the Water District started their CEQA process by issuing a formal Notice of Preparation for the EIR. This included public and agency outreach for EIR scoping to determine the coverage and content of the EIR. Since 2007, the Water District has also conducted a number of community meetings and has given presentations to various jurisdictions regarding the project. A Draft Environmental Impact Report (DEIR) was prepared by the Water District and subsequently received by the State CEQA Clearinghouse on September 29, 2009 to begin the legally required public comment period. The public comment period will close on November 16, 2009. This is also the deadline for comments from the District related to the DEIR. A public hearing has been scheduled by the Water District to present the DIER and take comments on October 29, 2009. The Water District will also be giving a presentation to the Santa Clara County Parks Commission on November 4tn The Water District has requested the opportunity to present the Permanente Creek Flood Protection Project to the District's Board of Directors. The proposed Rancho San Antonio Flood Protection Facility is the specific project element that is of particular interest to the District because of its close proximity to the Rancho San Antonio Open Space Preserve. The flood protection facility proposed at this location would consist of an 8.5 acre detention basin excavated to a depth of 15 feet, with gently sloped sides. A visual analysis has been prepared as a part of the DEIR, which is included as Attachment A2. The construction period for this component of the overall project is estimated to take approximately six months to complete. Maintenance tasks expected to follow project construction would include annual mowing, and less frequent sediment removal following flood events. District Coordination Planning staff is reviewing the DEIR and will prepare comments to submit within the DEIR comment period. Planning staff will also be working with Operations and Real Property staff during the preparation of comments. Staff has met with Santa Clara County Parks and will continue to work together during the comment period. Staff has also reviewed the project with the Water District to better understand and assess all components of the proposed Rancho San Antonio Flood Detention Facility. FISCAL IMPACT There is no current fiscal year impact associated with this project. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This informational presentation is not a MROSD project under the California Environmental Quality Act. CEQA evaluation is being performed by the Water District, which is the lead agency for this project. R-09-116 Page 2 analyzed by the Water District. In 2007, the Water District started their CEQA process by issuing a formal Notice of Preparation for the EIR. This included public and agency outreach for EIR scoping to determine the coverage and content of the EIR. Since 2007, the Water District has also conducted a number of community meetings and has given presentations to various jurisdictions regarding the project. A Draft Environmental Impact Report (DEIR) was prepared by the Water District and subsequently received by the State CEQA Clearinghouse on September 29, 2009 to begin the legally required public comment period. The public comment period will close on November 16, 2009. This is also the deadline for comments from the District related to the DEIR. A public hearing has been scheduled by the Water District to present the DIER and take comments on October 29, 2009. The Water District will also be giving a presentation to the Santa Clara County Parks Commission on November 4t". The Water District has requested the opportunity to present the Permanente Creek Flood Protection Project to the District's Board of Directors. The proposed Rancho San Antonio Flood Protection Facility is the specific project element that is of particular interest to the District because of its close proximity to the Rancho San Antonio Open Space Preserve. The flood protection facility proposed at this location would consist of an 8.5 acre detention basin excavated to a depth of 15 feet, with gently sloped sides. A visual analysis has been prepared as a part of the DEIR, which is included as Attachment A2. The construction period for this component of the overall project is estimated to take approximately six months to complete. Maintenance tasks expected to follow project construction would include annual mowing, and less frequent sediment removal following flood events. District Coordination Planning staff is reviewing the DEIR and will prepare comments to submit within the DEIR comment period. Planning staff will also be working with Operations and Real Property staff during the preparation of comments. Staff has met with Santa Clara County Parks and will continue to work together during the comment period. Staff has also reviewed the project with the Water District to better understand and assess all components of the proposed Rancho San Antonio Flood Detention Facility. FISCAL IMPACT There is no current fiscal year impact associated with this project. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This informational presentation is not a MROSD project under the California Environmental Quality Act. CEQA evaluation is being performed by the Water District, which is the lead agency for this project. .. ............. R-09-116 Page 3 NEXT STEPS Staff will prepare and submit comments on the DEIR and attend scheduled meetings as necessary. Attachments: Al: Limits of Construction- Rancho San Antonio Flood Detention Facility A2: Visual Analysis of the Rancho San Antonio Flood Detention Facility Prepared by: Matt Baldzikowski, Resource Planner II Contact person: �� Same as Above I Figure 2— Rancho San Antonio Conceptual Rendering Road can be Pump Stal'an f f 'flocined IMddfn by�aOffineoV , m'eoved relocatfd C&MMd f •� .n • - mac; ,� {Existing view from Cristo Fay Otive looking southwest 'hsual simulation of proposed project Attachment: A2 Visual Simulation Rancho San Antonio Pond (RIO)OW,11 01(;h Santa Clara County,California Page 7 of 7 J P Legend Limits of Construction Ilk . �, a r 'Y• J .. Flood Detention Fad ify a' P � I as w i J r NA- Y A Location of New Bridge ♦ �x fi tot .41 f� ` ro 0 250 500 / Feet ' t Attachment: Al Figure 2-2 Limits of Construction - Rancho San Antonio Flood Detention Facility Midpeninsula Regional ' Open Space District R-09-115 Meeting 09-28 October 28, 2009 AGENDA ITEM 10 AGENDA ITEM Approval of a Board Ad Hoc Committee to Ensure Policy-Level Coordination with the City of East Palo Alto Regarding the Cooley Landing Project. GENERAL MANAGER'S RECOMMENDATION Approve the creation of a compensable Cooley Landing Ad Hoc Committee to ensure policy- level coordination with the City of East Palo Alto through the conceptual design process for the proposed project and appoint three Board members to the Committee. SUMMARY Cooley Landing is a peninsula on the western shore of south San Francisco Bay which is composed of three pieces: two are owned by the Midpeninsula Regional Open Space District (District) and a third is owned by the City of East Palo Alto (City). Cooley Landing is located adjacent to Ravenswood Open Space Preserve (Preserve) and is the site of a proposed new public access project initiated by the City. As such, Cooley Landing has been identified as a Potential New Key Action Plan Project, which the Board will soon consider for inclusion in the FY2009- 10 Action Plan. To provide policy-level District representation as the City moves forward on the Cooley Landing Project, staff recommends creation of a Cooley Landing Ad Hoc Board Committee tasked to work closely with District staff throughout the planning, design, and implementation phases. DISCUSSION City leaders and residents have long had an interest in opening Cooley Landing to the public for low intensity recreation, education, and conservation that embraces the natural and historic integrity of the site. In 2003, the City hired a design consultant and held a study session and a series of community workshops to prepare conceptual designs for Cooley Landing. Three conceptual design plans were prepared that described three levels of use intensity. Stakeholder meetings conducted in 2004, which included District staff, focused on the type of uses deemed conceptually acceptable for the site. During community meetings held by the City in 2005, both the City Council and community voiced support for the lower impact conceptual designs that focused on more passive uses of the peninsula. R-09-115 Page 2 Between 2006 and 2007, the City conducted a series of technical studies funded by the U.S. Environmental Protection Agency (US EPA) to identify any regulatory issues that might impact the project. In 2007, the City and District were briefly in contact, resulting in a District letter that confirmed its collaborative intent and commitment to working with the City. The letter suggested contact between L. Craig Britton, then General Manager, and Alvin James, City Manager,to develop a process for working together. However, the conclusion of the contract with the Cooley Landing project manager(funded by US EPA) put the project on hold until earlier this year when the District was contacted by Lily Lee, the Cooley Landing project manager, newly funded by a Packard Foundation grant and on loan from the US EPA until March 2011. Since that time, City and District staffs, including the City Manager and current District General Manager, have discussed the City's goals and the level of potential District staff involvement in the project. With District staff input, the City issued a Request for Proposals/Qualifications in August for design services to further the project's design process. In September, District staff participated in the consultant interview process that led to the City's hiring of Callander and Associates. Given the City's renewed momentum for the Cooley Landing Project, staff will recommended it as a Potential New Key Project during the upcoming review and re-prioritization of the FY2009-10 Action Plan. The project will require ongoing coordination between the District and City, and will raise policy-level discussions that merit formation of an Ad Hoc Committee. FISCAL IMPACT The Directors Compensable Meetings Account in the FY2009-10 operating budget has sufficient funds available for the expected expenses associated with the creation of a compensable Cooley Landing Ad Hoc Committee. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If approved by the Board, staff will proceed with scheduling the first Cooley Landing Ad Hoc Committee meeting to begin project-level discussions. Prepared by: Ana Ruiz, AICP, Planning Manager Contact person: Same as above Midpeninsula Regional Open Space District r � R-09-99 Meeting 09-28 October 28, 2009 AGENDA ITEM 11 AGENDA ITEM Informational Report on Two-Way Radio Improvement Project ,f GENERAL MANAGER'S RECOMMENDATION Receive an informational report on Two-Way Radio Improvement Project. DISCUSSION This staff presentation will review the status of the key elements of the District's Two-Way Radio Improvement Project identified in the FY2009-10 Action Plan. The presentation will also cover the history of the District's two-way radio system including 24-hour dispatch services. FISCAL IMPACT This is an informational report with no fiscal impact. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This item is not subject to the California Environmental Quality Act. NEXT STEPS Staff will continue to provide the Board with periodic updates on the status of the radio improvement project as new milestones are reached. Prepared by: David Topley Support Services Supervisor I R-09-99 Page 2 Contact person: Same as above ' Midpeninsula Regional Open Space District l R-09-84 Meeting 09-28 October 28, 2009 AGENDA ITEM 12 AGENDA ITEM Status Report on the Implementation of the Integrated Pest Management Program and Reimbursement Plan for Slender False Brome (SFB) GENERAL MANAGER'S RECOMMENDATION Receive a progress report from District staff on the management program and reimbursement plan for SFB. SUMMARY On December 14, 2005 (R-05-122), the Midpeninsula Regional Open Space District (District) Board of Directors approved a ten-year plan to eradicate SFB from Thornewood Open Space Preserve and the surrounding Woodside neighborhoods. Four major tasks were approved under this work plan: treatment and monitoring of SFB on District land; treatment and monitoring of SFB on adjacent private lands; grants for SFB control; and reclassification of SFB as a noxious weed. The District has made substantial progress on all of these tasks, with treatment on private lands a primary focus in the next few years. DISCUSSION 1. Treatment and monitoring of SFB on District land- In February 2004, District staff and contractors began controlling SFB in the Thornewood preserve. In subsequent years, additional small outbreaks of SFB were found in El Corte de Madera, La Honda Creek and Saratoga Gap. These outbreaks have been controlled by selective herbicide spraying or hand pulling. Although some re-growth is occurring, outbreaks are retreated several times per year, and the original 40 acres on District preserves has been reduced by approximately 75%. 2. Treatment and monitoring of SFB on adjacent private lands - Ellen Gartside was hired as the SFB Coordinator and has developed a management program and reimbursement plan for treatment of SFB on private property. The management program includes: pretreatment surveys; 2) herbicide application(Roundup®/glyphosate) or manual control measures (hand pulling); and 3) post-treatment restoration and monitoring. The reimbursement plan was designed to motivate private property owners to take responsibility to treat SFB on their own property and thus avoid the need for direct R-09-84 Page 2 District involvement on private property using a District-hired contractor. To implement this approach, the District reimburses property owners three hundred and fifty dollars ($350)per treated acre of SFB. The SFB Coordinator personally meets with each property owner participating in the program to discuss the reimbursement plan and treatment options. As of October 1, 2009, twenty-one property owners are participating in the reimbursement plan; fifty acres have been treated; and seventeen thousand, five hundred and seventy dollars ($17,570) have been issued in reimbursements. 3. Grants for SFB control- In 2008, the District was granted fifteen thousand dollars ($15,000) from the National Fish and Wildlife Foundation toward control of SFB . These funds have been used to reimburse private property owners for treatment of SFB through October 2009. In August 2009, the District was awarded fifteen thousand dollars ($15,000) of American Recovery and Reinvestment Act (ARRA) funds to continue treatment of SFB on private property. These funds will be available January 2010 through December 2011. The SFB Coordinator will continue to apply for additional grants. 4. Reclassification of SFB as a noxious weed- In July 2006, with the strong support of the District, the California Department of Food and Agriculture designated SFB as an A-rated Noxious Weed. Category A is given to noxious weed species with limited distribution. FISCAL IMPACT For FY2009-10, the District has committed twenty-five thousand dollars ($25,000) for treatment of SFB on private land; fifteen thousand dollars ($15,000) for treatment of SFB on District preserves; approximately twenty thousand dollars ($20,000) for the SFB Coordinator salary; and three thousand, six hundred dollars ($3,600) for contractual services of a pest control advisor at a total cost of$63,600. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Notices were also sent to persons requesting notice of resource management activities and to property owners and residents in the vicinity of Thornewood, El Corte de Madera, and La Honda Creek Open Space Preserves. CEQA COMPLIANCE On March 26, 2009 the District finalized a Mitigated Negative Declaration pursuant to the California Environmental Quality Act for the SFB Integrated Pest Management Program. This progress report is not a project under CEQA. NEXT STEPS Continue treating SFB on District lands until no more re-growth occurs. Continue applying for grants and coordinating treatment of SFB on adjacent private properties. Attachment(s) 1. Attachment A: Slender False Brome in the Woodside Area 2. Attachment B: Slender False Brome Treated on Private Property Prepared by: R-09-84 Page 3 Ellen Gartside, Slender False Brome Coordinator Contact person: Same As\Above Graphics prepared by: Galli Basson, Planning Technician f Wunderlich County Park Thornewood OSP o \ m � \ a I s= � N T a Honda Creek a o OSP m --- \`l a 1 m \ f A `m m a 0 0 m 1 o \ a_ c7 Attachment A: Potential Slender False Brome Infestation in the Woodside Area Potential Slender False Brome Infestation Area Produced by Midpeninsula Regional Open Space District September 2009 0 0.125 0.25 0.5 Miles e Slender False Brome Areas Treated on Private Property Near Thornewood OSP underlich County Park ......,ti;;•.: tea. c 0 '• T J i. �• � O w x- rp j rL Thornewo d Open Space Preserve i X Schilling o Lake <<� n '. ,i....... mi ......... L N n O n m 0 m ' .o� n n d E 0 m` 0 a ii Cc a 0 o 3 Areas Treated N E:1 Thornewood OSP U a Other Open Space a 0 387.5 775 1,550 Attachment B e Feet Produced by Midpeninsula Regional Open Space District re • September 2009 Midpeninsula Regional Open Space District r � R-09-97 Meeting 09-28 October 28, 2009 AGENDA ITEM 13 AGENDA ITEM Approval of Ongoing Treatment of Oaks for Suppression of Sudden Oak Death and Associated Research and Approval of the Categorical Exemption in Accordance with the California Environmental Quality Act. GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Authorize the General Manager to negotiate a new agreement with Phytosphere Research for an amount not to exceed $27,500 to extend research on the susceptibility of oaks through FY2010-11 from Sudden Oak Death(SOD) and to advise the District on appropriate treatment methods. SUMMARY Researchers recently determined that SOD is causing new symptoms and subsequent death of canyon live oaks (Quercus chrysolepis) at Los Trancos Open Space Preserve. Approving the recommended agreement in the amount of$27,500 for FY2009-10 ($9,100) and FY2010-11 ($18,400) will allow the continuance of research into the susceptibility of canyon live oaks to SOD. Funding for this research will be reallocated from the deferred Mindego livestock fence project and will be cost neutral in the current fiscal year. The additional $18,400 required to continue the work of Phytosphere Research in FY2010-11 will be requested in the next budget cycle. Grant funds will simultaneously be pursued to offset these future costs. Operations staff will also provide an update on the District-wide SOD program, including ongoing research with other oak species and progress in actual treatment provided under contract by a tree service company. DISCUSSION SOD is a plant disease that is causing large-scale die-off of oaks and tanoaks in many forests of coastal California. On December 14, 2005,the Board of Directors adopted a ten-year work plan for addressing SOD, including mapping of potentially resistant trees,treating a select number of R-09-97 Page 2 heritage trees with a fungicide, and establishing a collaborative fund for SOD research to help guide land management decisions (R-05-122). In the summer of 2007, District staff noticed dead leaves and bleeding cankers on canyon live oaks in Los Trancos Open Space Preserve (OSP). Several canyon live oaks subsequently died and three trees adjacent to the San Andreas Fault Trail were removed or trimmed. Mortality of mature canyon live oaks from the SOD pathogen, Phylophthora ramorum, has not been observed elsewhere in California. SOD Diagnosis (Phytosphere Research) In 2007, Dr. Ted Swiecki of Phytosphere Research was hired to diagnose pathogens causing disease symptoms on stands of coast live oak, Shreve oaks and tanoaks in Rancho San Antonio, Monte Bello and El Corte de Madera Open Space Preserves. At these three District preserves, Dr. Swiecki is continuing to provide advice and monitor the effectiveness of treatment methods. More recently, he began to investigate tree mortality in Los Trancos Open Space Preserve. By June 2009, Dr. Swiecki had concluded that P. ramorum is associated with the cankers that have elevated mortality rates of canyon live oaks at Los Trancos. The $15,000 originally allocated to fund the initial diagnostic work of Phytosphere Research has been spent. Continuation of this important diagnostic work through the remainder of FY2009-1 0 and all of FY201 0-11 will cost $27,500 as noted above. This work would include developing and testing treatment methods especially in Los Trancos and other Skyline area preserves where unusually large and spectacular specimens of this tree occur. The treatments would consist of removal of California bay trees in the vicinity of large oaks and spraying approximately 30 selected trees with a fungicide annually. FISCAL IMPACT The proposed new contract with Phytosphere Research will be cost neutral with respect to the FY2009-10 budget. Current fiscal year funds will be reallocated from the Mindego livestock fence project to fund all FY2009-10 SOD research and treatment. InFY2010-11, staff will request an additional $28,000 for SOD research ($18,400, to fund the remainder of the subject Phytosphere Research contract) and treatment($9,600 to fund the application of Agri-Fos*by the tree service company.). Staff will continue to pursue grant funding for this regionally significant project. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Notices were also sent to persons requesting notice of resource management activities. CEQA COMPLIANCE The District concludes that this action consists of information collection and minor alteration of vegetation on existing officially designated wildlife management areas that will result in the protection and improvement of wildlife habitat. It will not result in serious or major disturbance to any environmental or historical resources; removal of healthy, mature scenic trees; impacts to environmental resources of hazardous or critical concern; significant effects or cumulative impacts. None of the actions will be visible from a scenic highway. None of the sites are located on a hazardous waste site. Therefore, it is categorically exempt under Sections 15304 (Minor Alterations of Land) and 15306 (Information Collection) of the CEQA Guidelines. j I R-09-97 Page 3 NEXT STEPS A new agreement will be negotiated with Phytosphere Research. Staff will conduct surveys for heritage-sized oaks with scenic and ecological values in Los Trancos, Monte Bello and other Skyline area preserves. Phytosphere Research will recommend specific treatment methods intended to save these specimen trees. The California Conservation Corps will remove bay trees and a tree service company will spray fungicide on selected oaks beginning in November 2009. Prepared by: Cindy Roessler, Senior Resource Management Specialist Contact person: Same as Above r"A d"S� ' Midpeninsula Regional ' Open Space District . , R-09-112 Meeting 09-28 October 28, 2009 AGENDA ITEM 1.4 AGENDA ITEM Presentation of the Lexington Hills Community Wildfire Protection Plan GENERAL MANAGER'S RECOMMENDATION Receive a presentation and update on the Lexington Hills Community Wildfire Protection Plan development process. SUMMARY In August of 2008, the Midpeninsula Regional Open Space District (District) contributed $5,000.00 to the Santa Clara County Firesafe Council for the development of the Lexington Hills Community Wildfire Protection Plan (Plan). District planning and operations staff participated in monthly working group meetings, public meetings, and provided digital data and technical review of the draft and final documents. Communities with an accepted Community Wildfire Protection Plan become eligible for priority selection for federal funding opportunities to pursue hazardous fuel reduction projects. In June of 2009, a final Community Wildfire Protection Plan for the Lexington Hills area was drafted and is currently being circulated for signature by all participating agencies. The District General Manager signed the Lexington Hills Community Wildfire Protection Plan on September 29, 2009 to indicate the District's participation in this collaborative effort. DISCUSSION The Lexington Hills Community Wildfire Protection Plan is a community driven plan that includes a study area of 25,148 acres of unincorporated Santa Clara County, including all of the Bear Creek Redwoods and St. Joseph's Hill Open Space Preserves and portions of the El Sereno and Sierra Azul Open Space Preserves. Development of the plan provided the District an opportunity to work collaboratively with agency representatives from the Santa Clara County Firesafe Council, Santa Clara County Fire Department, CALFIRE, Santa Clara Valley Water District, Santa Clara County Parks, San Jose Water Company, and surrounding community members and district neighbors in the southern region of the District's jurisdiction. A professional consulting firm, Anchorpoint Group, was retained to facilitate development of the plan, perform a fire behavior analysis, and provide analysis-based recommendations to improve fire safety throughout the area. The project team worked together to identify communities within R-09-112 Page 2 the overall study area(Attachment 1). The final plan outlines recommendations for each of the communities identified in the plan. The consultant's recommendations are not intended to be prescriptive, but are intended to provide identification of possible actions to reduce the impact of wildfires. Throughout plan development, District staff presented information about our fire fighting capabilities and limitations, natural resource polices and regulations, and long-term planning efforts for affected areas. The District worked closely with the project team to identify areas where recommended action items from the plan will overlap with District lands. Planning staff reviewed the overall plan and each of the recommendations to ensure that they were consistent with the District's mission, goals,policies and long-term planning. Any project resulting from the plan is subject to compliance with all applicable laws, policies and regulations. Of the 14 recommended Fuel Modification Action items (Attachment 2), 7 occur partially or entirely on District lands. Identification and prioritization of action items provide the District with an opportunity to understand the fire safety needs and desired action items of surrounding communities. Incorporating action items into long-term District planning efforts will provide the collaborative bridge needed for project implementation and execution. As projects are identified for implementation, the District expects that it will be approached by affected parties to determine roles and participation levels for each of the parties for upcoming projects. FISCAL IMPACT Funding of any action item described in the plan is dependent on the project sponsor. Funding for and participation in development of the plan does not commit the District to fund any of the projects identified in the plan. District fiscal participation for each project will be determined on a project by project basis. In some instances, the District may be geographically isolated from a project and not wish to participate. For some projects, state, federal and local grants may be available for implementation. It is expected that any project occurring on District's properties will impose some demand on staff time to secure all necessary permits and ensure adherence to the District's mission, goals and fire management objectives. PUBLIC NOTICE During plan development, 5 public meetings were held to gain input and feedback from community residents. A total of 151 people attended the public meetings. Comments received at these meetings were considered, and when appropriate, were incorporated into the final document. A resident survey was also provided through the Santa Clara County Firesafe website. This online resource was made available to the public between November, 2008 and May, 2009. A total of 181 people participated in the survey. Results from the survey were used to develop the final Plan. CEQA COMPLIANCE The District concludes that this project is exempt from CEQA, because it involves Plan development only. Although the Plan identifies potential future action items, no agencies have approved, adopted or funded any specific action item identified in the Plan. Even though participating agencies, including the District, have signed the document, the document specifically states that the information contained therein neither represents the conclusions of the District, requires participating agencies to implement any of the consultant- recommended fuel R-09-112 Page 3 reduction activity nor constitutes a commitment by a signatory to fund any plan's recommendation. Once the plan is signed by all participating agencies, if a decision were made in the future to undertake any recommended action, such a project would be reviewed to determine if it would have a potentially significant effect on the environment. At that time, the appropriate level of environmental review under CEQA will take place for each project on a case-by-case basis. NEXT STEPS If and when specific projects are identified for implementation, the District anticipates it and other potential participants will be approached by affected parties to explore interest, roles and possible levels of participation. Attachments: 1. Community Wildfire Protection Plan Area and Participating Communities Map (Fig 12.) 2. Priority Action Items Identified in the Plan Prepared by: Julie K. Andersen, Resource Planner I. Contact person: Same as Above Graphics prepared by: Anchorpoint Group, LLC. Lexington Hills CWPP—June 2009 Structural Ignitability Community Descriptions The purpose of this section is to examine in greater detail the communities in the study area. Of the 17 WUI communities in the Lexington Hills study area, three were found to represent an Extreme Hazard, five were Very High Hazard; seven were rated as High Hazard; and two as Moderate Hazard. While adhering to a proven rating methodology, Anchor Point strives to approach each community as a unique entity with its own unique characteristics, so that we can provide the most accurate, and useful assessments possible. For easy reference, the map of communities and areas of special interest presented at the beginning of the report has been reproduced here as Figure 12. Fi ure 12. Communit Hazard Ratin Ma Upper M vins LOW f r -It t`: Montevina F n n 5. tind Black Road Bear Creek da prings Idylwild Flab 'N. Aklercrott - hemek a Heights - Redwoo Estates Call of - P r R W the Wlld Estates Mountain harlie/ Melody Lane Loma prieta oa (Are p lal rest) m k 0 Hazard Rating Areas of ^L wer Moderate Special Interest Lotn'a P.rlsta Hgh Lakes -Very High � J project Boundary L In P'rktta -Extreme Roads AN G 1 2 I1 Miles 29 Lexington Hills CWPP Action Items The plan identifies mitigation recommendations or action items developed through various plan inputs and data collection and research. The following is a table of Fuel Modification Action Items. This table gives a summary of all of the recommended fuels reduction projects for the Lexington Hills study area. Each of these is depicted as a graphic within the recommendations section for the individual communities. The priority level should be used to assist in determining which fuels projects should be focused on and what order the should be implemented. CWPP P 1 Y p activities may be eligible for funding through state and federal grant programs, including the National Fire Plan or Title II/Title III funding. ModificationFuel Size' Priority Level Name Priority 1-4: Highest to Lowest Old Gold Mine Road Approximately 0.72 mi Evacuation Route and (2 2 ac) Priority level 1 Roadside Thinning Roadside Fuels Treatment Approximately 4 mi on Soda Springs Road (12.1 ac) Priority level 1 Aldercroft Heights/Wright Station Road Evacuation Approximately 1.6 mi Priority level 1 i Route and Roadside 4.8 ac Thinning Upper Montevina Fuels Approximately 2.2 mi Reduction Projects (6.7 ac) Priority level 1 Upper Loma Prieta Evacuation Route and Approximately 5 mi Priority level 2 Roadside Thinning (15.2 ac) Fuelbreak around the Playground in Chemeketa Approximately 1 ac Priority level 2 Park Lower Montevina Roadside Approximately 2 mi Thinning (6.1 ac) Priority level 2 Call of the Wild Evacuation Approximately 0.3 mi Route and Roadside (1 ac) Priority level 3 Thinning Black Road Roadside Approximately 1.2 mi Thinning (3.6 ac) Priority level 3 Skyline/Black Road Landscape Fuelbreak Approximately 52 ac Priority level 3 Highway 35 Evacuation Approximately 1.3 mi Route Roadside Thinning (4 ac) Priority level 3 Mountain Charlie/Melody Approximately 0.76 mi Lane Roadside Thinning (2.3 ac) Priority level 3 Summit Way/Highland Way Approximately 2.4 mi Roadside Thinning (7.3 ac) Priority level 3 Bear Creek Landscape Approximately 15 ac Fuelbreak 1 Acreage calculated based on a 25 foot wide clearing. Actual acreage and distances TBD. B-3 Midpeninsula Regional ' Open Space District r . To: Board of Directors From: Stephen E. Abbors Date: October 23, 2009 Re: FYIs I • ► is Regional Open Space District For Immediate Release Date: September 25,2009 Contact: Leigh Ann Maze,650.691.1200 x566 MROSD extends photo contest deadline; entries considered for 40t anniversary coffee table book Los Altos, California [September 25, 20091 —The Midpeninsula Regional Open Space District has extended the deadline for its second annual digital photography contest to December 6,2009. Entries may be considered for publication in the District's 40`h anniversary coffee table book featuring art and photography celebrating the open space preserves. Photographers of all levels,age 18 or older,can submit digital images taken on District preserves that capture the diversity of wildlife, plants, landscapes, weather,or people interacting with nature. Using web tools like Flickr,the contest provides another way for the District to engage the public with the open space preserves while offering contestants an opportunity to explore nature through photography and possibly have their images published. Last year over 400 entries were submitted spanning a wide er ectives from minute details to sweeping vistas. range of s p g g pe rspectives Winners will be announced by March 1, 2010 and their photos will be featured on the District's Web site and in its quarterly newsletter Open Space Views. The District's 40m anniversary coffee table book will be published in 2012 and may include some photo contest entries. For complete contest rules and details, Y visit ��«:o�ci7stte,c�runtsC i�tfo.a .This year's prizes include: Grand Prize * Admission for two on the Airship Ventures' "Taste of Zeppelin"tour OR Oceanic Society whale watching for four * $50 dining certificate Second Prize * One night at the Davenport Roadhouse Inn * $50 dining certificate * California State Parks Annual Day Use Pass * Admission for six to Ano Nuevo State Park Third Prize * Harley Farms Gift Box * One year subscription to Bay Nature magazine * Galen Rowell's book Bay Area Wild * District tote bag Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected more than 57,000 acres of open space.The public enjoys the District's diverse and beautiful preserves 365 days a year.The District is a public agency 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.openspace.org • " IMidpeninsula Regional Open Space District Memorandum To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Meredith Manning, Acting Senior Planner Date: October 28, 2009 Re: Update on Schilling Lake Management Plan and Inundation Study, Thomewood OSP SUMMARY Staff has received the good news that the second flood inundation analysis of the Schilling Lake dam predicts no flooding will occur at either of the two culverted road crossings below the dam(Old La Honda and Portola Roads) in the event of a dam failure. At the current lake capacity, all flow resulting from a breach would be captured by Middle Lake prior to entering Searsville Lake on Stanford University lands. Although the model was limited in scope,this information fills one of the last remaining data gaps and will help inform decisions for long-term management of Schilling Lake. RECENT WORK ACCOMPLISHED A limited geotechnical study completed this year analyzed the soil material through the dam to the bottom of the dam embankment at several locations. This study Y Y found the dam was constructed of mostly clayey Y soils from approximately eight feet below the crest to the bottom of the dam. In clayey soils, a projected dam breach would occur slowly, discharging less volume of water at any given time, hence the lack of flooding at the two downstream culvert locations. The final geotechnical report suggests that the 17 large trees growing on the dam may serve to reduce the potential for a dam failure by acting to stabilize the dam rather than weaken the dam's integrity through its subsurface root system. This presents a contrary opinion to that of a dam engineer. Regardless, two of the tallest redwoods are a concern to staff given their potential for windthrow and their large size. For this reason, staff will recommend additional funds during the mid-year budget cycle to contract with a local arborist to obtain specific tree management recommendations. Staff has been in contact with a Stanford University Water Resources Professor who is interested in modeling downstream inundation of Schilling Lake under different dredge scenarios as a classroom exercise for his winter or spring course. Despite his interest, however,he could not guarantee that he would be able to work the project into the academic schedule until spring quarter. NEXT STEPS Planning Department staff will work with Skyline Rangers to develop and implement a monitoring and emergency response plan for the dam as a precautionary measure. Planning will also solicit Skyline field staff input to prepare the recommendations for lake management. Collaboration with Stanford University will continue. Pending Board approval of the Midyear Budget, staff would obtain the services of an arborist and ultimately hold an onsite Use and Management Committee meeting in spring 2010 to discuss management options for the lake. p insula Regional Open S Memorandum Open Space District To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Casey Cleve, GIS Coordinator Date: October 21, 2009 Re: Color Board Report Maps Currently board report maps are produced and printed in black and white. This has been the District standard because black and white maps were previously less expensive to reproduce. The recent purchase of two color copiers has reduced the expense for color copies to the extent that color copies can now be provided in board reports. The previous black and white copiers averaged costs of$.05 per print;the new color copiers will result in costs of$.06 per color copy and $.008 per black and white copy. Although the new copiers also print much cheaper black and white copies, the cost to the District in staff time for producing black and white maps for board reports far outweigh this per copy savings. When black and white maps were prepared for the board report packet, a color map was almost always prepared in conjunction. This duplication of work required at least one additional hour of staff time per map. Further affecting the cost for black and white graphics is the fact that the human eye can only distinguish between 5 different shades of grey. When there are multiple variables that need to be differentiated on a map, using just 5 shades of grey is difficult. Thus, creating a complex map in black and white can take up to three hours longer than the creation of a color map, resulting in another increase in staff time. Assuming the GIS Coordinator takes on this task, the costs to the District is$44 -$132.00 extra per black and white map. You will begin seeing color maps in the November 18'1' board packet. If a black and white map was previously created and an additional color map has not yet been created, the black and white map will be included in the packet. This is to further cut costs associated with staff time by decreasing duplication of work. Midpeninsula Regional Open Space District M e m o ran d u m To: MROSD Board of Directors Through: Steve Abhors, General Manager From: Tina Hugg 4- Date: October 22, 2009 Re: Update on Administrative Office Remodel Project for Board Meeting on October 28,2009 This update is being provided to the Board regarding the current status of the Administrative Office remodel project as of October 22,2009. • Recent work completed: o Passed final building inspection o Passed fire marshal inspection o Kitchen tables o Dry fire suppression system connection to alarm system o 14VAC work in Planning area o Light fixtures in server room o Privacy walls and doors in Public Affairs area • Work underway: o Punch list items: paint touch ups,cleaning, adjustments Next Steps: Staff will continue to work on: 0 Project close out An update will be provided through an informational memorandum to the Board at the next meeting. Midpeninsula Regional • Open Space District Memo ran d u m To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Tina Hugg 4� Date: October 22, 2009 Re: Update on the Skyline Field Office Remodel Project for Board Meeting on October 28,2009 This update is being provided to the Board regarding the current status of the Skyline Field Office remodel project as of October 22,2009. • The third Facilities Improvements Ad Hoc Committee meeting occurred on Thursday,October 151, 2009. Staff presented preliminary information on facilities strategic planning, sequencing and phasing of staff facilities, and construction cost information. • The Facilities Improvements Ad Hoc Committee agreed that building a new shop and making minor modifications to the existing office building were an appropriate direction to take with the SFO remodel project. • The need for a satellite field office in the south area was expressed by Operations. A temporary facility was suggested as an interim and immediate solution to the need for staffing in the southern areas of the District. Next Steps: 0 Work with Operations to determine options for a temporary, interim southern field office. 0 Continue refining assumptions and findings of Staff Facility Plan. An update will be provided through an informational memorandum to the Board at the October 14"' meeting. Page I of I ' Midpeninsula Regional Memorandum ` Open Space District To: MROSD Board of Directors Through: Steve Abbors, General Manager 'Q From: Matt Baldzikowski, Resource Planner 11 .y Date: October 16, 2009 Re: Rapley Ranch Culvert Removal and Stream Restoration In September Planning and Operations staff completed the removal of a failing stream crossing culvert from an old ranch road within the Russian Ridge Open Space Preserve. Initially, this road crossing was investigated for possible removal and replacement. Subsequent storm damage to a portion of road leading to this stream crossing occurred during the winter of 2006. Repairs to both of these areas to reestablish vehicle access were determined to be very costly. In addition,the long-term trail layout and circulation for Russian Ridge, including the recently added Mindego Ranch, hadn't been determined and the need for this route for the future trail network was in question. Given these factors, staff determined that culvert removal and stream channel restoration was the best course of action. Restoration was completed and included the option to return in the future and install a an appropriate stream crossing if needed for the preferred trail alignment. CEQA review, engineered design, and permitting components were completed by Planning staff prior to project implementation. The restoration project was completed as a collaborative effort between the staff of the Planing and Operations Departments, with additional inspections and oversight by the project engineer and San Mateo County Planning Department. The project was completed on time and under budget. The project was tested during the record breaking rain event of October 13, 2009,and weathered the storm without problems. Next Steps: Staff will continue to monitor the stream restoration recovery. Future planing efforts for Russian Ridge Will include determining the desired long-term trail circulation within the Preserve. Attachments: Project photo's(5) � 11Y r a F 1• -1i R ry' - h G III � x Rusted culvert and failing fill at stream crossing. Fallen culvert section removed (imprint). Al- ti ax X~ , � r �,� A. -fir• - �� i t Restored stream channel following record rain event of October 13. Note project placed logs and rock maintaining grade control and scour protection,and leaf sprouts on willow plantings. Midpeninsula Regional ' Open Space District r , CLOSING MEMORANDUM To: Stephen E. Abbors, Gen-eral Manager Oiplo' From: Michael C. Williams, Real Property anager Date: October 15, 2009 Subject: Maasberg Property Addition, Redwood Park Subdivision area of Purisima Creek Redwoods Open Space Preserve The General Manager signed Certificates of Acceptance on October 6, 2009 for the Maasberg family, 0.22 acre parcel(s) based upon the determination that acceptance of this low value property or gift is in accordance with the District Rules of Procedure Section 2.60(2) as amended on October 8, 203 (see Report R-03-103). The Gift Deed was recorded on October 14, 2009 and title to and possession of the property has passed to the District. In accordance with the District Use and Management Planning policy the Preliminary Use and Management Plan was approved by the General Manager on October 6, 2009. Recordation marks the final adoption of the Preliminary Use and Management Plan. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: Board Approval Date& & County Grantor Acres (Fee,Easement,Lease, Resolution Number or Area & Mgmt Agreement) General Manager A.P.N. Approval Date San Mateo Purisima Creek Redwoods 067-134-080 and Maasberg 0.22 Fee 10/06/2009 067-134-090 Mgmt.Status: Dedication Date Closing (Open,Closed,CMU, & Date ( penor Other Status(Intended or Type Purchase Price GIS Code Withheld) yp / 4 2009 Closed Withhel 10 1 ! d Gift $2 000 Gift ID#2004 Misc.Notes: Lots I and 31, Block 34, in Redwood Park Attachments: Acceptance of Low Value Interest in Real Area Map Property by General Manager Detail Map cc: Board of Directors Planning Administration GIs Coordinator Accounting Public Affairs Operations&Field Offices Legal l� ' IMidpeninsula Regional Open Space District ACCEPTANCE OF LOW VALUE INTEREST IN REAL PROPERTY Property Name: Maasberg Gift Parcel Property Location & APN: The 0.22-acre Maasberg"Redwood Park" Subdivision parcels, approximately 0.75 miles west of Skyline Blvd., (San Mateo County APNs 067-134-080 and 067- 134-090) Preserve: Purisima Creek Redwoods Open Space Preserve Date: October 2, 2009 REAL PROPERTY MANAGER'S RECOM MENDA TION S 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this Memorandum. 2. Accept the gift of the Maasberg"Redwood Park" parcel under the General Manager's authority. 3. Adopt the Preliminary Use and Management Plan as set forth in the attached Staff Memorandum and name the property as an addition to Purisima Creek Open Space Preserve. DISCUSSION The Maasberg family has offered the gifts of a 0.14-acre and 0.08-acre "Redwood Park" parcels to the Midpeninsula Regional Open Space (District). It is recommended that these properties be accepted by the District under General Manager's authority in accordance with the District's Rules of Procedure, Section 2.60 (2) as amended on October 8, 2003 (see Report R-03-103). On May. 13, 2009, the District Board of Directors adopted amendments to the Open Space Use and Management Planning Policy(see Report R-09-61) reads as follows: "When the General Manager is authorized to accept a gift of or acquire low value real property, the General Manager is also authorized to approve the Preliminary Use and Management Plan for the property. The Board of Directors shall be notified in writing of any Preliminary Use and Management Plan so approved at the next regular Board meeting following the acquisition." Property Description The properties to be acquired consists of two assessor parcels with two undeveloped 6,150 and 3,404 square foot lots totaling 9,554 square feet(0.22 acres) within the Redwood Park "paper" subdivision, which is located in an unincorporated area of San Mateo County. The property is located in the Kings i I Maasberg "Redwood Park" , parcel Page 3 Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership to the District and ensure it will be preserved as public open space by incorporating it into the Mt. UmUnhum Area of Sierra Azul Open Space Preserve. The project qualifies under all three sections. The project is also exempt under Section 15061(a)(3), as there is no possibility the actions may have a significant effect on the environment. BUDGET CONSIDERATIONS Though the Maasberg property is being gifted to the District, the District will pay the current property taxes totaling $13.58, and then cancel San Mateo County property taxes immediately after assuming ownership PUBLIC NOTICE The property is surrounded by District land so there are no adjacent or nearby neighbors. NEXT STEPS The District's Operations Department will manage the former Maasberg property as an addition to the Purisima Creek Redwoods Open Space Preserve, in accordance with the Preliminary Use and Management Plan. Attachments: Exhibit A: Area Map Exhibit B: Detail Map Prepared by: Jean Chung, Real Property Administrative Assistant Sandy Sommer, Senior Real Property Planner Contact person: Michael Williams, Real Property Manager Graphics prepared by: Galli Basson Planning Technician Real Property yManaber's Recommendations and Acquisition Approved by: Stephe . Abbors, General Manager Date cc: Board of Directors with Closing Memo as an attachment Redwood Park Subdivision ® - Purisima Creek Redwoods Open Space Preserve �� / �• �ivr� �- ' �� � �— � r` ,i Redwood Park � \ - �'� Subdivision / r 1 /•v1 �\ 1 t i King9 • t y _: MROSD 1 r Other Open Space �� i • • r Partial MROSD ownership Private ' Exhibit A: Area Map ~© 02, Produced by Midpeninsula Regional Open Space District,September, 2009 ' r � 5 PAGE now loom HE $ { „ : � � i �__ ' 1 • � 1 • 1 i •1 — �1N■11■11■I■i\■ III 1" t � � � � � � . 11■■11■ _ -Ome ,,�... ' . 1 III- 1 1 �� �� '�11 1 ����■+� � � ■/ { � Td�!F� _ - r?'It.�'�"`"`v� - r 1 11 ' Midpeninsula Regional M• ' Open Space District r CLOSING MEMORANDUM To: Stephen E. Abbors, General Manager A011 �p From: Michael C. s,111iam eau�Pro e1-Cy Manager Date: October 15, 2009 Subject: Douglas K. Hogan Property Addition, Hacienda Park Subdivision, area of Mt. Umunhum Area of Sierra Azul Open Space Preserve The General Manager signed Certificates of Acceptance on October 6, 2009 for the Hogan family 0.17 acre parcel based upon the determination that acceptance of this low value property or gift is in accordance with the District Rules of Procedure. The Gift Deed was recorded on October 14, 2009 and title to and possession of the property has passed to the District. In accordance with the District Use and Management Planning policy the Preliminary Use and Management Plan was approved by the General Manager on October 6, 2009. Recordation marks the final adoption of the Preliminary Use and Management Plan. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: General Manager County Y Grantor Acres (Fee,Easement,Lease, Area & Mgmt Agreement) Approval Date A.P.N. Mt. Umunhum Santa Clara Area of Sierra Hogan,Douglas 0.17 Fee October 6,2009 Azul 56 2-24-012 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU, Status(Intended or Purchase Price GIs Code or Other) Type Ype October 14,2009 Closed Withhold Gift $2,000(Gift) ID#2080 Misc.Notes: Lots 17, 18, and 19, Block 21 in Hacienda Park Attachments: Acceptance of Low Value Interest in Real Area Map Property by General Manager Detail Map cc: Board of Directors Planning Administration GIS Coordinator Accounting Public Affairs Operations& Field Offices Legal Midpeninsula Regional ' Open Space District ACCEPTANCE OF LOW VALUE INTEREST IN REAL PROPERTY Property Name: Hogan Gift Parcel Property Location & APN: The 0.17-acre Hogan "Hacienda Park" Subdivision parcel, approximately one half mile east of Alamitos Road, along the Loma Prieta ridgeline in unincorporated Santa Clara County (Santa Clara County APN 062-24-012) Preserve: Mt. Umunhum Area, Sierra Azul Open Space Preserve Date: October 2, 2009 REAL PROPERTY MANAGER'S RECOMMENDATIONS) I. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this Memorandum. 2. Accept the gift of the Hogan "Hacienda Park" parcel under the General Manager's authority. 3. Adopt the Preliminary Use and Management Plan as set forth in the attached Staff Memorandum and name the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. DISCUSSION The Hogan family has offered the gift of a 0.17-acre "Hacienda Park " to the Midpen'm su la Regional Open Space (District). It is recommended that this property be accepted by the District under General Manager's authority in accordance with the District's Rules of Procedure, Section 2.60 (2)as amended on October 8, 2003 (see Report R-03-103). On May 13, 2009, the District Board of Directors adopted amendments to the Open Space Use and Management Planning Policy(see Report R-09-61) reads as follows: "When the General Manager is authorized to accept a gift of or acquire low value real property, the General Manager is also authorized to approve the Preliminary Use and Management Plan for the property. The Board of Directors shall be notified in writing of any Preliminary Use and Management Plan so approved at the next regular Board meeting following the acquisition." Property Description The gift property consists of one assessor's parcel with three undeveloped 2500 square foot lots totaling 7,500 square feet(0.17 acres) within the Hacienda Park"paper"subdivision, which is located in an V unincorporated area of Santa Clara County. The property is located along the fire break road on the Loma Prieta ridgeline situated between the Alamitos Creek to the west and Barret Creek to the east. The closest Hogan "Hacienda Park" gif cel Page 3 Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership to the District and ensure it will be preserved as public open space by incorporating it into the Mt. Umunhum Area of Sierra AZLII Open Space Preserve. The project qualifies under all three sections. The project is also exempt under Section 15061(a)(3), as there is no possibility the actions may have a significant effect on the environment. BUDGET CONSIDERATIONS Though the Hogan property is being gifted to the District, the District will pay the current and delinquent property taxes totaling $423.18, and then cancel Santa Clara County property taxes immediately after assuming ownership PUBLIC NOTICE The property is surrounded by District land so there are no adjacent or nearby neighbors. NEXT STEPS The District's Operations Department will manage the former Hogan property as an addition to Sierra AZuI Open Space Preserve, in accordance with the Preliminary Use and Management Plan. Attachments: Exhibit A: Area Map Exhibit B: Detail Map Prepared by: Jean Chung, Real Property Administrative Assistant Sandy Sommer, Senior Real Property Planner Contact person: Michael Williams, Real Property Manager Graphics prepared by. Galli Basson, Planning Technician Real Property Manager's Recommendations and Acquisition Approved by: StePlr E. Abbors General Manager Date cc: Board of Directors with Closing Memo as an attachment Hacienda Park Subdivision - Sierra AM OSP 5 Noir _ J} aden Re e f- • '", - ^Bier-ra'v�Za 1 _� 5,. ,• �J 11 peit,Spac�e ease'� h s R-a. M 00 ',t � r� Cm f0 \ Hacienda PC�r Ic -� L,� \ N� �` a isio LI div i L7 /l 01 �// � .x .a v�c. v�VI"i ` `�* '. �v` _�' .. � ..h�.TT�C�`• =S}s`s,A �'C`F� ` fs yr.s, t +r*er•,•fix, ti; r- � . >G �;, az�i �-y` >3•v�' r.r'� a- a 17- U r� �._ :rK F� y�G ; V - ""`'Y ���g4 s a� � :�•• r��° .t��r^, ` \ `-7 .. .i -`.aka e.. }.. `.,�' w�' .A •} �y .FS> �,}^ ;�+y .ia �� �—' _ x I• — l Exhibit A: Area Map Miles I L Produced by Midpeninsula Open Space District,August 2009 0 0.25 0.5 0.75 1 Hacienda Park Subdivision - Sierra Azul OSP Proposed Gift 1 Parcel • , 7000 I Y Current District o 1.� Ownership aPrivate iz' t / 062-24-012 Hogan \ t Sierra Azul -- % \\CO.S P _ um 1 - i t rnm . �000 0.u Exhibit B: Detail Feet Produced by Midpeninsula Open Space District, August 2009 0 250 500 750 1,000 Midpeninsula Regional Open Space District CLOSING MEMO NDUM To: Stephen E. Abbors, General Manager From: Michael C. Williams, Real Property Manager Date: October 20, 2009 Subject: Hanson Permanente Cement, Inc Property Additions to Monte Bello and Rancho San Antonio Open Space Preserves Escrow closed for the subject transaction on October 15, 2009. Title to and possession of a 48.23 acre parcel as an addition to Monte Bello Open Space Preserve, and a 61-acre parcel and public trail easement as additions to Rancho San Antonio Open Space Preserve, transferred to the District in exchange for a 20-acre parcel conveyed to Hanson Permanente Cement which is subject to a District reservation of a conservation easement. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy, neighbors to the property were notified of this purchase. As there were no comments made by any of the neighbors or members of the public that might require amendment to the use and management recommendations, close of escrow marks the final adoption of the Preliminary Use and Management Plan, approved by the Board of Directors at its meeting of July 12, 2006. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve Ownership Status: Board Approval Date& i& County Grantor Acres (Fee,Easement, Resolution Number or Area & Lease,Mgmt General Manager A.P.N. Agreement) Approval Date Monte Bello Portions of Santa Clara Hanson 48.23 351-12-001,351-12-055 P Fee&Trail Jul 12 2006 Permanente , Ranch to Y o San &351-11-012 Cement 61 Easement 06-23 Antonio 351-09-011,351-09-021 109.23 Fee transferred to Rancho San Hanson Permanente Santa Clara 351-09-020 MROSD -20 Cement as a result July 12,2006 Antonio 06-23 ofexchange transaction Rancho San Grantor Hanson Santa Clara 351-09-020 Permanente 20 Conservation July 12,2006 Antonio Cement Easement 06-23 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU,or & Other) Status(Intended ,I Purchase Price GIS Code or Withheld) Type October 15,2009 Closed Intended Exchange Exchange 2081,2082,2083,2084 Misc. Notes: 1. The Grant Deed With Reservation of Conservation Easement prohibits development and commercial quarrying and limits other activities on the 20 acre property for slope stability required by the regulatory agencies. A$2,000,000 letter of credit provides financial guarantees the District will receive financial compensation if slope failure causes erosion of the area protected by the easement. 2. The Grant Deeds for the 48.23 acre Monte Bello parcel and the 61-acre Rancho San Antonio parcel include reservations of access rights by Hanson to Monte Bello Road and the PG&E trail solely for the purpose of maintaining their adjoining lands. These easements may not be used for any other purposes including development of the adjoining lands. 3. The Grant of Trail Easement is a twenty(20)foot wide trail easement which extends from the Black Mountain Trail to the PG&E Trail(see attached map). cc: Board of Directors Administration Accounting Operations& Field Offices Attachments 1,2,3 &4 Planning Attachments 1,2,3 &4 GIS Coordinator Public Affairs Legal $2,000,000 Letter of Credit for Grant Deed with Reservation of Conservation Easement. Attachments: L Grant Deed with Reservation of Conservation Easement covering 20 acre parcel conveyed to Hanson Permanente Cement 2.Grant Deed of 48.23 acre addition to Monte Bello Open Space Preserve 3.Grant Deed of 61 acre parcel addition to Ranch San Antonio Open Space Preserve 4. Grant of Trail Easement addition to Ranch San Antonio Open Space Preserve HANSON LAND EXCHANGE Rancho San Antonio and Monte Bello Open Space Preserves Rancho San Antonio 3 zr� �j Open Space Preserve L - Hidden Villa •' �-�-.-tea .�.n i , ; , PG&E Trail Exchange Parcel (61 Acres) t Black Mountain Trail e " Extension Easement E ` 1 Exchange f � \' r � Parcel Wunta (20 Acres) \a ✓� y iG" " r t , NANSON_PERMANEN?FC CEMENT -- — --- „,,..C,..wT� Monte Bello -- — v .. ° Open Space Preserve I — s Monte Bello Ridge Road ry _ � Monte Exchange Parcel Beno Riy _ - - ���� " (48.23 Acres) L - - ° I \Y Produced by Midpeninsula Regional Hanson Property Exchange MROSD MROSD easement Open Space District,October 2009 MROSD easement o 0.25 o.s MROSD Property Exchange over other Open Space Private h4fle_ Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: October 28, 2009 Re: Late FYI 4tl b ' Y Mid Peninsula Openspace District OCT 2 1 2099 Joel E.Harris Board of Directors P.O. Box 595 October 20,2009 Los Gatos,Ca.95031 (408)255-9311 Ladies and Gentlemen, My name is Joel Harris. I am the Son of Earl and Donna Harris. My Family have called the Fremont Older Open Space Preserve,formerly known as Woodhills Ranch,home for close to 55 years. With the passing of my mother in February of this year my 2 siblings and I are at a crossroads regarding the long-term plans for the family property. We would like to discuss options with the District for our property to be incorporated into your holdings. In the early 1960's Cora Older proposed to gift a portion of Woodhills Ranch to the City of Cupertino as a park.Cupertino did not have the infrastructure and funding to maintain such a park at the time and reluctantly had to turn her offer down. When the District purchased the Ranch property m family was thrilled. This was an outcome far Y Y exceeding what Cora or we could have imagined. When we see the number of people enjoying this space we know in our hearts a better outcome could not have happened. My family history is woven deeply into the fabric of this open space. Family Marriages,births and now 40 years after Cora's death the passing of my parents have all happened within its borders.The view from the outside by those who did not know Cora give little clue to the connection and story my family had with Cora and in turn the love she held for my parents and the 3 children. She was fond of introducing my father as"this is Earl Harris,he is like a son to me".In her eyes and ours we became her family,a connection she very much needed and relied on as she was entering her 80's When I was born in 1960 my parents faced the fact that the Adobe Pool House was too small for a family of 4.Cora was very clear she wanted my parents close by and her solution was to generously gift acreage above her house to my family. The site was chosen by her so she could clearly see us from her bedroom window. Until health issues required Cora moving to a nursing facility we would leave a light shining at night for her. This loving relationship shaped and continues to influence many life choices my parents,myself and my siblings have made. It is because of this relationship that we would like to initiate dialogue with the District about a long-term plan to sell our family property to the District with a life estate lease for my wife Denise and 1. It is important to my family that once we are gone the property so lovingly given by Cora reverts back into the original holding protecting it from further development and keeping with the spirit in which it was loved and enjoyed. I believe a life estate is the perfect vehicle for the District to secure a prime piece of private property within the preserve,not be concerned with a rental property and its upkeep and maintenance for 30+years. In addition it would assure the District would continue to have a strong ally living with in its holding.For My wife and I to have the security of knowing we can live out our lives on here like the Older's and my parents before us is a comfort and opportunity we would welcome. I am looking forward to meeting with the board and staff and together exploring options to meet all our needs. Best Regards 6L Joel E. Harris cc: Stephen E. Abhors,GM. MROSD Mid Peninsula Openspace District OCT 2 12009 Joel E. Harris Board of Directors P.O. Box 595 October 20,2009 Los Gatos,Ca.95031 (408)255-9311 Ladies and Gentlemen, My name is Joel Harris. I am the Son of Earl and Donna Harris. My Family have called the Fremont Older Open Space Preserve,formerly known as Woodhills Ranch,home for close to 55 years. With the passing of my mother in February of this year my 2 siblings and I are at a crossroads regarding the long-term plans for the family property. We would like to discuss options with the District for our property to be incorporated into your holdings. In the early l 960's Cora Older proposed to gift a portion of Woodhills Ranch to the City of Cupertino as a park.Cupertino did not have the infrastructure and funding to maintain such a park at the time and reluctantly had to turn her offer down. When the District purchased the Ranch property my family was thrilled. This was an outcome far exceeding what Cora or we could have imagined. When we see the number of people enjoying this space we know in our hearts a better outcome could not have happened. My family history is woven deeply into the fabric of this open space. Family Marriages,births and now 40 years after Cora's death the passing of my parents have all happened within its borders.The view from the outside by those who did not know Cora give little clue to the connection and story my family had with Cora and in turn the love she held for my parents and the 3 children. She was fond of introducing my father as"this is Earl Harris,he is like a son to me".In her eyes and ours we became her family,a connection she very much needed and relied on as she was entering her 80's When I was born in 1960 my parents faced the fact that the Adobe Pool House was too small for a family of4.Cora was very clear she wanted my parents close by and her solution was to generously gift acreage above her house to my family. The site was chosen by her so she could clearly see us from her bedroom window.Until health issues required Cora moving to a nursing facility we would leave a light shining at night for her. This loving relationship shaped and continues to influence many life choices my parents,myself and my siblings have made. It is because of this relationship that we would like to initiate dialogue with the District about a long-term plan to sell our family property to the District with a life estate lease for my wife Denise and I. It is important to my family that once we are gone the property so lovingly given by Cora reverts back into the original holding protecting it from further development and keeping with the spirit in which it was loved and enjoyed. I believe a life estate is the perfect vehicle for the District to secure a prime piece of private property within the preserve,not be concerned with a rental property and its upkeep and maintenance for 30+years. In addition it would assure the District would continue to have a strong ally living with in its holding. For My wife and I to have the security of knowing we can live out our lives on here like the Older's and my parents before us is a comfort and opportunity we would welcome. I am looking forward to meeting with the board and staff and together exploring options to meet all our needs. Best Regards t Joel E. Harris "® cc: Stephen E.Abhors,GM. MROSD I 10/19/2009 11:23 6503499627 HIGHLANDS REC DISTRI PAGE 01 4 Highlands Recreation District M1 Ltxfttm Avenue • San Agmte%CA 94402 M50)341.4251 • Fax(M) 3+49-9627 eMMMM6 awe www.h%0danrLme r=n ' COVM PAGE ATTENTM. 6a&vza FAX FROM: T10T?t3 cm FAaLEQ BY: FAXNUhIM L ' (6M 349-+96e2'f 'L r.[, _ NUMSER (6")3414251 _ .. PAGWS)TO FOLLOW INC LUDNO COVER PAG&A CONMdENTS: Ochber 19, 2009 Hello Special Districts, Attached is the agenda for the October 27, 2009 meeting_ Also a tachod are the minutiae from the test meeting and a survey to be filled out and bought to the meeting. if you are unab a to a#WW, ease fill the survey out and return It to tfle prim to the meeting and i can bring it with me to the meeting. ' t hope to we everyone there. Have a great week. Margaret GomsW margareigQhightendsrec,cm-qov 650-341-4251 10/19/2009 11:23 6503499627 HIGHLANDS REC DISTRI PAGE 02 Meeting of the San Mateo County Chapter California Special Districts Association Sam Trans Building,4th Floor Conference Room 1250 San Carlos Avenue San Carlos, CA Tuesday-October 27, 2009 7:00-.9:00 P.M. 1. Opening Remarks/Agenda Review-President€drick Hanans 2. Introductions 3. Approval of the Minutes of prior meetings Action_ Motion to approve minutes 4. Current Treasurers Report Action: Motion to.approve Treasurer's Report 5. Special District Commissioners on LAFCO Report 6. Old Business a. Website Update (Woren/Carter-Slater) 7. New Business a. Sharing of District Newsletters{bring 15 copies of your district newsletter) b. Presentation by Granada (Woren) c. Report on CSDA Conference 8. District Updates— Roundtable 9. Announcements a. Tentative Next Meeting Dates: February 2, 2010 and May 4, 2010. 10, Adjournment Districts are strongly encouraged to sand a representative to participate in the decision making process of the Chapter. Please be aware that a quorum Is necessary to conduct some Items of business. For information or questions call Margaret Glomstad,Vice President—650-341-4251 10/19/2009 11: 23 6503499627 HIGHLANDS REC DISTRI PAGE 03 j Minutes from the Meeting of the San Mateo County Chapter Speciat Districts Association Tuesday—August 4, 2009 1 Call to Order at 7pm by Vice President Margaret Glomstad 2. Introductions from attendees 3. Approval of the Minutes from the prior meetings were held to the.October Meeting_ 4. Current Treasurer's Report had no changes from the May Meeting 5. Special District Commissioners on LAFCO—Alternate Commissioner Altscher mentioned the LAFCo commission vviii not be meeting in in August and will resume their schedule of the 3t°Wednesday of each month at 2:30pm in September. Notice will be sent to Districts from LAFCo regarding the option to signup electronically for LAFCo agendas and notifwations. 6. Ord Business a. LAFCo Process and Timeframes Committee Report-Guest- Martha Poyatos, San Mateo County LAFCO educated the group on the process for consolidations and annexations. Ms. Poyatos will be sending the group a diagram that will answer the remaining questions. 7. New Business a. Elections of Officer's. Mr. Altscher nominated Iris Gallagher as Secretary/Treasurer and the nomination was seconded by Mr. Haggans. The vote was unanimous. Mr.Altscher nominated Margaret Glomstad as the Vice President and the nomination was seconded by Mr. Haggans. The vote was unanimous. Mr. Feldman nominated Mr. Haggans as President and Mr. Altscher seconded the.nomination. The vote was unanimous. Mr. Feldman made a motion to officially thank Ms. Slater-Carter for her service as past president and the motion passed unanimously. b. The design of a Website►was discussed. Mr. Woren, Mr. Haggans and Mr. Altscher will work together to bring a plan with costs to the next meeting. c. CSDA Chapter Membership Incentive Program was discussed and passed around for review. No action was taken. 8. District's shared their current and upcoming issues and projects. 9. Announcements a. The CSDA Conference is schedule for 9/21-24/09. Mr. Haggans and Ms. Carter- Slater will be attending from San Mateo County. b. The tentative meeting dates are schedule for October 27, 2009,February 2,2010 and May 4, 2010. 10. Adjournment at 8:50pm. i 10/19/2009 11:23 6503499627 HIGHLANDS REC DISTRI PAGE 04 SAN MATEO COUNTY SPECIAL DISTRICT ASSOCIATION(SMCSDA) MEMBER SURVEY 1, What Has Been Your Greatest Satisfaction as a Member OF SMCSDA? 2. What Da You See as the Greatest Strength(success)of SMCSDA? 3. What Concerns You as the Organization's Most Troublesome Weakness(failure)? 4. What Subjects Would You Wish to be Sure Are Raised at Quarterly Meetings? 5. How Would You hate the Following Issues In Terms of Their Current Importance to SMCSDA?(I-Most Important, 8-Least Important) uLAFCO Issues-especially takeover/consolidation efforts of local municipalities —Growing our Membership Creating More Lively Dialogue _Future Planning _Maintaining the Association's Relevance Funding for District Infrastructure Projects Obtaining Potential Project Funding From Federal./State Renewable Energy Stimulus Funds _Revisiting SMCSDA's Mission Statement- Who Are We/What do we do?