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HomeMy Public PortalAbout20091118 - Agenda Packet - Board of Directors (BOD) - 09-30 ji I � 5 Midpeninsula Regional ' Open Space District Meeting 09-30 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday,November 18,2009 5:30 p.m. 330 Distel Circle Los Altos,California AGENDA 5:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION 1 Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation-California Government Code Section 54956.9(b)(1)-One Potential Case 2 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 3 Conference with Real Property Ne Negotiator-California Government Code § 54956.8 b — Property on Congress Springs Road Statc, H i Highway Rte 9 Tara Count Road Pro e Real Property Santa C ( g Y ) Y p Y Ia p Y � Santa Clara County APNs 517-32-001 & 503-48-014 Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party—Michael Murtder, Director County Roads and Airport; David Anderson, City Manager, City of Saratoga Under Negotiation - Price and terms of real property transaction 7:00* SPECIAL.MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PUBLIC SESSION 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 ** ADOPTION OF AGENDA ** INTRODUCTION OF NEW STAFF 7:10* CONSENT CALENDAR 1 Approve Minutes—None Meeting 09-30 Page 2 2 Approve Revised Claims Report 3 Approve Written Communications— Response to Mr. Russ Petruzzelli 7:20* BOARD BUSINESS 4 Authorization to Execute a New Communications Site Lease Agreement with the United States of America, acting through the Federal Aviation Administration of the Department of Transportation— E.CLIZick 5 Extension of the Memorandum of Understanding between the Santa Clara County Office of the Sheriff and the District to Provide Law Enforcement Services on District Lands— D. Sangulnetti 6 Approve Midyear Amendments to the Fiscal Year 2009-10 Action Plan and Budget—A.Speidel 7 Approval of a New Position of District Clerk in the Administration Office and Amend Fiscal Year 2009-10 Position Classification and Compensation Plan—A. Spiegel INFORMATIONAL REPORTS— Written or oral reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff, opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a ftItLire meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports 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. )'on 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)69 1-1200, 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 ot'Directors relating to all 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,Anita Duong, Interim District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the November 18,2009 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on Meeting 09-30 Page 3 November 13,2009 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 http://www.openspace.org. Signed this 13th day of November 2009,at Los Altos,California. Interim District Clerk Date: 11/13/09 r Claims No. 09-19 Meeting 09-30 Date 11/18/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11509 $5,681.20 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area 11510 $4,148.94 '1 U.S. Postmaster Postage-Winter Newsletter 11511 $2,210.00 Citadel Arts 2009 Staff Photo&12 Frames And Mount Boards For Display Of Previous Staff Photos 11512 $1,424.16 TES Equipment Rental-Mini Excavator For Picchetti Restoration& Yard Work 11513 $1,350.00 Aaron's Septic Tank Service Pumping Services-RSA&Rental Residence 11514 $1,230.00 San Miguel School Transportation Assistance Program-Transportation To Daniels Nature Center For Spaces&Species Field Trip 11515 $1,174.54 Home Depot Field Supplies/Paint&Painting Supplies For RSA/Rental Residence Expenses/Tool Box/Shelving For FFO/Belt Sander Supplies/Garden Hoses/Sump Pump/Yellow Jacket Traps 11516 $983.25 Design Concepts Graphic Design Services-Monte Bello Brochures 11517 $714.34 Consolidated Electrical Distributors Supplies For Black Mountain Water System 11518 $477.96 Ison, Gloria Reimbursement-Break Room Supplies 11519 $436.34 R&B Company Parts For Black Mountain Water System 11520 $288.30 Ergo Vera Ergonomic Evaluations 11521 $262.50 Del Woods Consulting Services-Land Purchase Projects 11522 $258.08 Langley Hill Quarry Base Rock For Rental Residence Driveway 11523 $220.68 Barron Park Supply Pipe&Pipe Threader For Black Mountain Water System 11524 $178.73 Green Waste Garbage Service-SFO 11525 $119.05 CSK Auto Battery Charger&Box 11526 $105.37 Aramark Uniform Expenses 11527 $81.60 West Payment Center Legal Research Fees 11528 $49.91 Forestry Suppliers Field Supply-Reacher 11529 R $13,112.69 B Bros Construction Construction Services For AO Remodel 11530 R $8,680.00 Golden State General Engineering Driscoll Ranch Remediation-Debris Removal 11531 R $6,123.00 Knapp Architects Alma College Conditions Assessment 11532 R $5,472.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11533 R $5,000.00 `2 Old Republic Title Company Deposit-Land Acquisition 11534 R $2,043.00 San Mateo County Clerk Recorder Mitigated Negative Declaration Filing Fee-Driscoll Ranch DR06 Pond Repair 11535 R $1,900.00 Mountain Man Wood Company Removal Of Hazardous Trees-Alpine Pond Area 11536 R $1,885.00 Normal Data Consulting Services-Insurance Tracking Database Development 11537 R $1,055.26 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 11538 R $936.60 Jim Davis Auto Vehicle Maintenance&Repair 11539 R $895.00 Safety Compliance Management Sampling Of Roadbed Surfaces, Lab Analysis&Report-Skyline Ridge 11540 R $836.55 Wright,Elizabeth Reimbursement-Ranger Academy Expenses 11541 R $766.40 Tannerhecht Architecture Architecture Services For The AO Remodel Project 11542 R $702.95 State Board Of Equalization Water Rights Fees-Alpine Pond, Horseshoe Lake&Driscoll Ranch 11543 R $479.93 Dell Financial Services Two Computer Monitors 11544 R $401.80 California Water Service Company Water Service-FFO 11545 R $358.82 Koopmann,Clayton Reimbursement-Cattlemen's Association Conference Expenses 11546 R $251.50 McKowan, Paul Reimbursement-Storage Tubs For Uniform Shirts 11547 R $138.60 Voiss,Sue Reimbursement-Mileage 11548 R $97.00 "3 San Mateo County Hazardous Material Disposal 11549 R $76.64 Malone,Brian Reimbursement-Digital Recorder For Interviews 11550 R $64.46 Summit Uniforms Uniform Expenses Page t of 2 M Claims No. 09-19 Meeting 09-30 Date 11/18/09 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $72,672.65 '1 Urgent Check Issued 11/12/09 "2 Urgent Check Issued 11/13/09 '3 Urgent Check Issued 11/17/09 Page 2 of 2 Claims No. 09-19 Meeting 09-30 Date 11/18/09 Midpeninsula Regional Open Space District # Amount Name Description 11509 $5,681.20 Hertz Equipment Rental Equipment Rental For Road Improvements&Culvert Installation On Various Roads In The Skyline Area 11510 $4,148.94 *1 U.S. Postmaster Postage-Winter Newsletter 11511 $2,210.00 Citadel Arts 2009 Staff Photo&12 Frames And Mount Boards For Display Of Previous Staff Photos 11512 $1,424.16 TES Equipment Rental-Mini Excavator For Picchetti Restoration& Yard Work 11513 $1,350.00 Aaron's Septic Tank Service Pumping Services-RSA&Rental Residence 11514 $1,230.00 San Miguel School Transportation Assistance Program-Transportation To Daniels Nature Center For Spaces&Species Field Trip 11515 $1,174.54 Home Depot Field Supplies/Paint&Painting Supplies For RSA/Rental Residence Expenses/Tool Box/Shelving For FFO/Belt Sander Supplies/Garden Hoses/Sump Pump/Yellow Jacket Traps 11516 $983.25 Design Concepts Graphic Design Services-Monte Bello Brochures 11517 $714.34 Consolidated Electrical Distributors Supplies For Black Mountain Water System 11518 $477.96 Ison, Gloria Reimbursement-Break Room Supplies 11519 $436.34 R&B Company Parts For Black Mountain Water System 11520 $288.30 Ergo Vera Ergonomic Evaluations 11521 $262.50 Del Woods Consulting Services-Land Purchase Projects 11522 $258.08 Langley Hill Quarry Base Rock For Rental Residence Driveway 11523 $220.68 Barron Park Supply Pipe&Pipe Threader For Black Mountain Water System 11524 $178.73 Green Waste Garbage Service-SFO 11525 $119.05 CSK Auto Battery Charger&Box 11526 $105.37 Aramark Uniform Expenses 11527 $81.60 West Payment Center Legal Research Fees 11528 $49.91 Forestry Suppliers Field Supply-Reacher Total $21,394.95 *1 Urgent Check Issued 11/12/09 i Page t of 1 i Midpeninsula Regional • ' Open Space District To: Board of Directors From. Stephen E. Abb ors Date: November 18, 2009 Re: Written Communications November 19, 2009 Russ Petruzzelli 5843 Burchell Ave San Jose CA 95120 Dear Mr. Petruzzelli: Thank you for your October 19, 2009 letter in which you propose to build a tram service to Mt. Umunhum and suggest that the Board of Directors make a statement that it endorses an "independently operated tram service to Mt. Umunhum and welcomes tram facilities on MROSD property." Please know that we understand and share your desire for the public to enjoy the mountain's peak high above the Pacific Ocean, and we are hopeful that the day is finally getting closer when we can begin to transform a contaminated piece of land back into the beautiful mountaintop it once was for the contemplative enjoyment of all who wish to visit it. To achieve this vision, however, the Board cannot endorse a tram service to the top of the mountain because we believe that the construction and operation of tram facilities and an associated restaurant would significantly alter the character of the natural environment we are trying to reestablish. As you know we are currently in the process of seeking funding to clean up and restore Mt. Umunhum and we believe that the tram you envision is broadly inconsistent with our mission to protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. I know this is not the response you had hoped for and, out of respect for your time and energy, we wanted to let you know as soon as possible why we cannot give further consideration to your request. Thanks for taking the time to contact us. Sincerely, Nonette Hanko President, Board of Directors October 19, 2009 To: Midpeninsula Regional Open Space District From: Russ Petruzzelli, San Jose City resident Subject: Proposed public statement regarding a tram service to Mt. Umunhum Dear Ms. Montano Ruiz, Mr. Abbors and board members, I first wish to thank Jeannie Buscaglia for speaking with me today. I dropped in the office unannounced and Jeannie was gracious enough to take a moment to speak to me. I asked Jeannie to forward an idea I had about the possibility of a tram service to Mt. Umunhum. We had a quick chat about my idea, and she mentioned the idea was not new. I'd like to pursue the idea and so I'm writing this to broach the subject and see where it goes. I thought it easiest to write this statement proposal to make it clear what I was asking of the Open Space District. Although the idea is not new and there are, most certainly, hurdles I have not even forseen, would you please give consideration to making a statement along these lines?: The board of the Midpeninsula Regional Open Space District endorses, in concept, an independently operated tram service to Mt. Umunhum and welcomes tram facilities on MROSD property. The beard's endorsement is contingent on the following factors: • Tram,facilities and operations align with -- and compliment-- the purpose and mission of the Midpeninsula Regional Open Space District as stated in the bylaws. • Funding for the facilities and operations is pursued and accomplished independently by the personslbusiness entities seeking the project. • The Midpeninsula Regional Open Space District has an ongoing voice in the design process, and final approval of the architectural design of the mountain top facilities. • Other design, construction, and planning considerations (property rights, land leases, environmental impact studies, etc.) are approved by the appropriate government agencies having jurisdiction over the region/issue. I acknowledge this would be a huge undertaking -- both financially and in engineering scope -- but one never knows until one asks the question. Thank you for our considerat ion of the project. e y Y p J q Sincerely, Russ Petruzzelli 5843 Burchell Ave San Jose CA 95120 408-439-1848 Mt. Umunhum Tram Project Proposal October 18, 2009 What: • Operation of a tram/cable car tourist service with mountain top facilities I Where: • South San Jose (Calero County Park) to Mt. Umunhum Project Coordinator: • Russell J. Petruzzelli, 5843 Burchell Ave San Jose, CA 95120 • russ.petruzzellingmail.com 408-439-1848 Stakeholders: • Midpeninsula Regional Open Space District City of San Jose • County of Santa Clara • 15th Congressional District, State Representative Mike Honda • 16th Congressional District, State Representative Zoe Lofgren • San Jose City Council, Nancy Pyle, District 10 representative • San Jose City Mayor Chuck Reed • Santa Clara Valley Water District :I Source of Funding: • Major Venture Capitalists • Silicon Valley Corporations • Tram Capital Cost Estimate: 100 to 200 Million U.S. Dollars Benefits • Major tourist attraction for the Bay Area I • Tax Proceeds to the City of San Jose • Profits could assist with funding Mt Umunhum cleanup Features: • Mountain Top Restaurant and Facilities • Base facility access via Bailey Rd to Highway 101 • Intermediate Tram Stations for Wine Tasting Facilities and Equipment • Restaurant(s), Mountain Biking/Hiking Facility, Visitor Center,Arts/Music Venue 0 Gondola/Tram: Contract with a design/construction company (e.g., Doppelmayr CTEC) -� h _••'� _«► c�. x ��'{� .ter..:: •`. ?�. �'j _.,�, +�'� ..�'•- � a ti - r. �r GeV .�� - y��#-, �� e�X:.`'�"`F�.v E�" :� F:4. �� �i'�'�.� c•� �,-� `"" - +41^1z .. •�` Ott f x i 7.4 mites,Three Tram Sections x h_ma�er� Rzse�vc,i '�- �.�> AkSte. 'a Midpeninsula Regional • ' Open Space District R-09-94 Meeting 09-30 November 18, 2009 AGENDA ITEM 4 AGENDA ITEM Authorization to Execute a New Communications Site Lease Agreement (Lease) with the United States of America, acting through the Federal Aviation Administration of the Department of Transportation (FAA). REAL PROPERTY COMMITTEE RECOMMENDATION Adopt the attached Board Resolution authorizing the Board President to execute a new Lease with the FAA. SUMMARY FAA is seeking approval from the District for a new twenty-five (25) year Lease consisting of an initial five (5) year term followed by the option to extend the Lease for four(4) additional terms of five (5) years each. For the initial five (5) year term, the fixed monthly rent is $3,575.00. The Lease includes the new fire clearance clause, which outlines the requirements of the FAA in maintaining a one hundred foot (100') defensible space. DISCUSSION For the last twenty-five (25) years, the FAA has been a communications tenant at Black Mountain. The FAA communications facility was under lease with the Winship/Troxel owners when the District acquired the Winship/Troxel property in 1981. The District subsequently entered into a new Lease with the FAA in 1983 (see report M-83-9). Shortly after signing the Lease, the District allowed installation of an additional building and antenna to house the Santa Clara County communication facilities, and in 1999, additional microwave antennas were added to the existing towers and communication building. Since then, no new improvements and/or tenants have been added to the site. This Lease with the FAA is for an additional twenty-five (25) year period. It consists of an initial term of five (5) years with an option for four (4) additional terms of five (5) years each. The Public Resources Code limits District long-term leases to a maximum term of twenty-five (25) years. J R-09-94 Page 2 The FAA lease expired in October 2008 and the FAA continued as a holdover tenant paying a fixed monthly rent of$2,632.00. To bring the rental rate for the FAA in line with current market rental rates and the rental rates of similar sites at Black Mountain, the fixed monthly rent should start at $3,107.87 and increase by 7% for each year of the initial term of the Lease (see table A). In the past, the FAA has requested a monthly rent fixed for five (5) year periods. The District is able to accommodate this request by calculating the increase in each year's fixed monthly rent by 7%, and then averaging the annual fixed monthly rents over a five (5) year period. For the initial five (5) year term of the Lease, the calculated five (5) year fixed monthly rent will be $3,575.00 (see table A). The FAA will retroactively pay the difference between the new fixed monthly rent and the previous rent of$2,632.00 as of October 1, 2008 for a total of$12,259 covering thirteen months of back rent increases through November 1, 2009. Table A Fixed Monthly Rent Calculation for the Initial Five (5) Year Term Year Base 7% Increase Fixed Monthly Rent Rent Oct. 1, 2008 — Sept. 30, 2009 $2,904.55 $203.32 $3,107.87 Oct. 1, 2009— Sept. 30, 2010 $3,107.87 $217.55 $3,325.42 Oct. 1, 2010— Sept. 30, 2011 $3,325.42 $232.78 $3,558.20 Oct. 1, 2011 — Sept. 30, 2012 $3,558.20 $249.07 $3,807.27 Oct. 1, 2012 — Sept. 30, 2013 $3,807.27 $266.51 $4,073.78 Subtotal $17,872.54 Average $3,574.51 Rent Five (5) $3,575.00 Year Fixed Monthly Rent For each extended term option, the five (5) year fixed monthly rent will be calculated identically to the initial Lease term except the yearly increases will be four percent (4%) annually, which is consistent with other District communication lease rate increases. Should the FAA exercise any future five (5) year options to extend the Lease, the General Manager will report in writing on any such exercise of an option to the Board of Directors following the exercise thereof. The only additional clause added to the Lease pertains to maintaining a one hundred foot (100') defensible space around the FAA communications facility per the California Public Resource Code 4291, Creation and maintenance of the defensible space will be managed by the District and the associated costs will be assigned to all the communications tenants on Black Mountain in R-09-94 Page 3 proportion to the size and location of their facilities. The maintenance fee will be reviewed with FAA before work proceeds. USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982. This policy states that "new facilities, changes in existing ones and lease renewals will be considered on a case by case basis." Since the FAA is an existing communications facility proposed at Black Mountain the ro osed Lease with FAA is in compliance with the objectives of this policy. FISCAL IMPACT For the initial term of the Lease the annual revenue received from FAA will be $42,900 ($3,575 x 12 months). This will be an increase of$11,316 over the previous annual revenue, as defined in the previous Lease, of$31,584 ($2,632 x 12 months). I PUBLIC NOTICE i 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 renewal of an existing communications lease 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 Lease is approved by the Board of Directors, staff will notify the FAA of Board approval. Attachments: 1. Resolution 2. FAA Communications Site Lease Agreement Prepared by: Elaina Cuziek, Real Property Specialist Contact person: Elaina Cuzick, Real Property Specialist Graphics prepared by: Brian Crowley, Planning Technician Intern I RESOLUTION NO. 09-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE COMMUNICATIONS SITE LEASE WITH THE UNITED STATES OF AMERICA ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATION OF THE DEPARTMENT OF TRANSPORTATION. (RANCHO SAN ANTONIO OPEN SPACE PRESERVE, BLACK MOUNTAIN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 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 a period of up to twenty-five (25) years, and the Board of Directors finds that the premises to be leased for Communication Facilities are presently unnecessary for park and open space purposes and considers that a lease of such premises for Communication Facilities to be in the public interest, on the terms proposed. Section "Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Communications Site Lease (Lease) between Midpeninsula Regional Open Space District and the United States of America, acting through the Federal Aviation Administration of the Department of Transportation, a copy of which is attached hereto and by reference made a part hereof, and hereby authorizes the President or other appropriate officers to execute said Lease on behalf of the District. Section Three. The General Manager of the District or the General Manager's designee shall cause to be given appropriate notice of acceptance to Lessee. The General Manager is ftirther authorized to approve options for extensions of the Lease on the terms and conditions set forth in the Lease. The General Manager shall report any such option of the Lease to the Board of Directors at the meeting immediately following the granting of the option. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. COMMUNICATIONS SITE LEASE AGREEMENT ' This Agreement is made by and between the Midpeninsula Regional Open Space District, a , special district ofthe State of California (,`Qistdct") and the United States nf America, acting through the Federal Aviation Administration of the Department of Transportation ("Federal � Government"). / VVHE0EAS, Dixb�tia the ovvuerofcc�unrcu propc�ylocated iothe nf8uo�u ��hra i ~ , State o[California, o part of Rancho San Antonio Open Space Preserve; and WHEREAS, Federal Government leases portions thereof frorn District for the purposes of operating and maintaining communications structures and facilities and related equipment; and VV8BRE/\O, District and Fcdcnn| Government desire to enter into o new |cusc for such rcu| property and for such purposes. Now, therefore, the parties agree: |. Premises. /\ parcel of land, consisting of approximately 0.59 acres more or less and referred to as "Site 3" on Exhibit and described in Exhibit B, attached hereto and incorporated herein by this reference ("Prernimcx''). � 2. Access to Premises. Access tnthe Premises is only permitted onthe route shown on � � Exhibit& ("Licsooc &nro"). Federal Government shall access the Premises only in such u manner and at such iinnco an as to minimize contribution to erosion potential. Federal Government shall not permit heavy trucks and/or other heavy machinery or equipment [weighing in excess of ten (l0) tons] to use the License Area. Federal Government shall, otFederal Government's sole cost and expense, repair all damage to the Premises, aa well ua all dnnmogeto improvements within o,adjacent iothe Premises designed to protect road access tothe Premises such as water drains, berms, or Culverts, caused by use by Federal Government or its agents, employees, orcontractors. Federal Government shall be liable for any dannuQcto the License Area and its immediate surroundings arising from its use thereof, or its repair or failure to repair the aonncauhcrcinuhovcrequired. Federal Government expressly acknowledges that District does not warrant orotherwise guarantee to Federal Government continuous access tothe Premises by way of the License Area orotherwise. Notwithstanding the foregoing sentence, District shall use its best efforts to provide access tothe Premises across other land owned by District in the event the License Area shall bn rendered impassable due to causes beyond the reasonable control of Federal Government, or if District shall for any reason terminate the license herein granted, provided only that Federal Government agrees to pay any and all additional expenditures incurred hy District uuu result thereof. Any permits, licenses or easernents as may be required frorn time to tirne in order to cross over lands not owned by District in order to gain access to the Premises shall be obtained by Federal Government at its sole cost and expense. FAA Communications Lease—2009 Page | l Use. The Premises may be used for the purposes o[operating and maintaining equipment for transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental ibmncoz, and for no other purpose without District's prior written consent. Federal Government shall use the Premises in accordance with all statues, ordinances, rules, regulations, or other staternents of lawful governmental authority with jurisdiction over the Premises and over Federal Government's use thereof, now in force or hereafter promulgated, including those of the District (on||cuhve|y, "Regulations"), and shall at its own expense abide by and comply with any and all such Regulations regulating Federal Government's use of the Prcnoixca. Notwithstanding the foregoing, District reserves the right to enter oil the Premises and to use the mornc (except for the Improvements) in any manner District shall desire, including without limitation for purposes of constructing, installing, operating, maintaining, repairing, replacing, altering, and moving pipelines, conduits, culverts, ducts, fences, power and communication poles and lines, and roads, or for grazing purposes, and District reserves the right to grant comsnucnty over, across, under, or upon the p,cnnioro, or for ingress and egress thereto, or for any other purpose, provided only that any such use by District and District's granting of any such easements shall not result in any unreasonable interference with the conduct of Federal Government's business on the prpnniues. 4. Term. � u) Initial Term. Provided that adequate appropriations are available from year to year for � the payment of rentals, the term of this Lease ix from October |, 20O0, and expires five � (5) years thereafter, un|cyo sooner terminated in accordance with the provisions huceof, or unless extended pursuant to an option to extend the Lease term expressly granted herein. b) Options to Extend Term. District hereby grants to Federal Government options toextend the term ("Extended Term") of this Lease for each of four (4) additional periods of Five (5) years, each upon expiration or the proceeding term uothat the nnusinnunn term nfthis icume, including the initial five years of this Lcusc` ahu|| be for utotal of twenty-five (25) years. The lease may, at the option of the Federal Government, be extended beyond September 30, 2013 and no extension shall extend beyond September 30, 2028. Federal Government mhu|| notify the District no later than ninety (90) days before the expiration of the lease term, ofits intent to exercise the opdon(m) orofits intent to vacate the premises utthe end of the lease term. Any extension exercised by the Federal Government pursuant to this clause shall be subject to the availability of adequate appropriations frorn year to year for the payment of rentals. Notwithstanding the foregoing, if Federal Government is in default hereunder on the date of delivery of any option notice required to be given in order to exercise an option, said option notice shall be totally ineffective, or if Federal Government is in default on the date the extended term referred to in any such option notice iatocommence, such extended term shall not commence and this Lease shall expire at the end of the term during which such option notice is given. Federal Government shall not bc entitled toexercise any of the options to extend following the first option to extend unless each and all of the preceding options to FAA Communications Lease—2O09 Page extend have been properly exercised in accordance herewith. |n the event the term ofthis Lease shall for any reason expire or terminate, all options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. The options to extend granted by District to Federal Government are personal to Federal Government and shall not be exercised by or assigned, voluntarily or involuntarily, to anyone other than Federal Government. Any assignment o[one or more ofsaid options to extend without District's prior written consent shall be void. After Federal Government's exercise of any one or more of said options to extend, all references in this Lease inthe term shall bc considered in mean the � term as extended, and all references to expiration or termination of the isnn of this Lease shall be considered to mean the expiration or termination of the term as extended. Upon exercise by Federal Government of any of the four(4) options to extend the Lease Term � granted pursuant hereto, the parties shall execute an amendment to that effect and setting the Rent for such Extended Term. c) Fcd�cu| (]ovcronnsniaoknovv|�d�rm�ha� Ca|if�rniaPub|iu &�mourc�u <�wdoS�ution5563 � ' � provides in part that: "When land or property is temporarily unnecessary for park oropen � space purposes, it may be |caacd for other purposes for uterm not exceeding 25 years � with un express provision in the lease that should the board by ordinance determine touse the lands for park, open space, or other District purposes, the lease shall thereby be \enninutcd." Accordingly, notwithstanding anything tothe contrary herein contained, District shall be entitled 10 terminate this Lease at any dnneduring the term hereof pursuant to said 8cchou 5563, pn»vidcd only that District delivers to Federal Government written notice of such termination o1 least twenty-four(24) months prior to the date on which such termination shall become oOectivc � � � l |le2t' hg The Fixed Monthly Rent("Rent") for the Premises for the Initial Tcon mhu\| be Three Thousand Five Hundred and Seventy-Five Dollars ($3575.O0). Rent for each Extended Term shall be set by adjustment of the annualized, then current Rent, by four percent (4%) for each of the Extended Term years, the average of the sum of which shall be the annual Rent for such Extended Term, payable unupro-roLa basis monthly. (b) Federal Government shall pay District rent in monthly installments, in uoca,x, on the |us\ day of each month oF the Term hereof. All rent payable by Federal Government under this Lease shall be payable as set forth herein, without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America to the District, or to such other persons or at such other places as District may, frorn time to | tinnu. designate inwriting. All rent payable by Federal Government under this Lease will � � bo made by electronic funds transfer uo described in Exhibit C. The FAA uses the � Central Contractor Registration (CCQ) ayutcnn uo the primary nneunsto maintain � Contractor information required for payment under any F/\/\ contract. Please reference � ExhibitC. FAA Communications Lease —20O9 Page / � h. Late Payment Provision. Notwithstanding any other provisions ofthis Lease, unless paid within fifteen (|5) days following the due date, all amounts due tothe District shall bear interest until paid at the rate determined by the Secretary of the Treasury pursuant to the Public Law 92- |4, 85 3tuL 97. � 7. Improvements. Authorized improvements ("|nnprovcnnenM") are described and shown in / . Exhibit D, attached hereto and incorporated herein by this reference. Except for the � Improvements specifically authorized, Federal Government shall not make or permit to be made ! any alterations, additions or improvements to, or of, the Premises or any part thereof without the prior written consent oFDistrict. District shall hc entitled to review and to reasonably accept o, reject any change which Federal Government may desire to make to tile Premises, Prior to connnnenciogconotrucdon or installation of any alteration the design ofwhich District determines is acceptable, Federal Government shall deliver to District detailed plans and specifications for � such construction or installation and obtain District's consent thereto. Any consent given by District shall not constitute implied consent to any subsequent alteration upon or to the Premises � and 5ba|| apply only to those items or matters for which consent was expressly requested. � � Federal Government shall notip« Dimtrictui |cus�tvv�nt� (20> daysinudvunc� ofunyoonu�nmodon � ~ ' . � on the Premises, and District shall bo entitled to post nn the Premises notices o[non- responsibility in [u*oroFl]iatric(priortucornnnenoenuenio[unymuuhoonatrucdon. Title tothe Improvements and to all alterations constructed or installed on tile Premises shall be and remain � � vested in Federal Government. � 8. Federal Government accepts the Premises "as iu" in the � condition existing a1 commencement hereof. Federal Government shall, o1 Federal Government's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall � keep the Premises free bnnn trash and other debris. Federal Government shall promptly remove � from the Premises any vehicles, machinery, equipment or other itennswhich Federal Government � from time to time no longer uocn in thc conduct of its business on the Premises. � � 9. Fire Clearance. Drh:naib|c space ufo1 |caei 100Gzet in width around the perimeter of'the Pn:rniacs is required by law (Public Resource Codc429|). Defensible space shall be maintained free of all low-lying brush, dry weeds, and similar flammable noa1cria|o at Federal (]ovcrnoncnt`o expense, Annual site inspections of the Premises will he conducted hy District staff toensure that the defensible space is properly maintained. As needed, the District will arrange for the removal of brush, weeds, and flammable materials. The cost shall bepro-rated, based onthe size, topography and flarnmable material in each area requiring maintenance, and overlap with other communication site prcnoiacm. Upon completion o[work, Federal Government will bc billed for the work performed which shall bc paid to District within 3O'duysofbilling. 10. Utilities. Federal Government shall timely pay for all utilities furnished to the Premises for use by Federal Government. FAA Communications Lease —2OO9 Page | 1 1. Lien. Federal Government shall keep Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Federal Government. 12. Surrender and Restoration of Premises. At the expiration or sooner termination of the Lease term and upon written request by District(to be made no later than ten (10) days after the I date of such expiration or sooner termination), Federal Government shall, at Federal Government's sole cost and expense, demolish the Improvements and remove the debris resulting therefrom as well as any and all equipment, vehicles, machinery or other devices remaining on or about the premises. Federal Government shall be entitled, without obtaining District's prior consent, to remove all furniture and trade fixtures not affixed to either the premises or the Improvements at the expiration or sooner termination of the Lease term, provided any damage occasioned thereby is promptly repaired by Federal Government at Federal Government's sole cost and expense (unless District expressly waives the need for such repairs). Upon demolition and/or removal by Federal Government of such Improvements, furniture, trade fixtures, vehicles, machinery and other devices on the premises, Federal Government shall at it sole expense restore the premises to as good condition as that existing at the time of Federal Government's initial entry upon the premises under this Lease or any preceding Lease to the reasonable satisfaction of the District. (Ordinary wear and tear, damage by natural elements and by circumstances over with Federal Government has no control are excepted.) If Federal Government shall fail to so demolish the land affected thereby, all within ninety (90) days after the end of the Lease term, or within such additional time as may be mutually agreed upon, District shall be entitled to perform such work at Federal Government's expense. The obligations of the Federal Government and rights of the District set forth in this paragraph shall survive the termination of this Lease. 13. Interference with Communications and Indemnification of Interference Claims. Federal Government's Improvements shall not disturb the communications configurations, equipment and frequency which exist on District Land upon commencement hereof and shall comply with q Y p all non-interference rules of the Federal Communications Commission ("FCC"). The parties acknowledge J p �knowled e FCC jurisdiction over disputes fr equency regardingfre uenc interference. 14. Waiver of Claims. With regard to any liability which may arise out of work under this Agreement, each party expressly agrees that it shall be solely and exclusively responsible for its own agents, servants, and/or employees and that neither party looks to the other to save or hold it harmless for the consequences of one of its own agents, servants, and/or employees. Neither party is hereby waiving any rights or protection it presently enjoys by reason of any applicable State or federal law. In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671 et. seq.), hereafter termed "the Act" the Federal Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circurnstanees where a private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to FAA Communications Lease—2009 Page 5 extend the Federal Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 15. Quiet Eniovment. District warrants that they have good and valid title to the Premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 16. Notification Of Change In Land Title. Should District sell or otherwise convey to another party or parties any interest in the aforesaid land, rights of way thereto, and any areas affecting said demised Premises, District shall notify the Government, in writing, of any such transfer or conveyance affecting the demised Premises within 30 calendar days after completion of the "change in property rights". Concurrent with the written notification, District shall provide the Government copies of the legal document(s) (acceptable to local authorities) for transferring and or conveying the property rights. 17. Subordination Nondisturbance and Attornment. The Government agrees, in consideration of the warranties herein expressed, that this lease is subject and subordinate to any and all recorded deeds of trust, mortgages, and other security instruments now or hereafter imposed upon the premises, so long as such subornation shall not interfere with any right of the Government under this lease. It is mutually agreed that this subordination shall be self operative and that no further instrument shall be required to effect said subordination. In the event of any sale of the Premises, or any portion thereof, or any such transfer of ownership, by foreclosure of the lien of any such security instrument, or deed provided in lieu of foreclosure, the Government will be deemed to have attorned to any purchaser, successor, assigns, or transferee. The succeeding owner will be deemed to have assumed all rights and obligations of the Lessor under this lease, establishing direct privity of estate and contract between the Government and said purchasers/transferees, with the same force, effect and relative priority in time and right as if the lease had initially been entered into between such purchasers or transferees and the Government; provided that such transferees shall promptly provide, following such sale or transfer, appropriate documentation deemed necessary by the Real Estate Contracting Officer, and shall promptly execute any instrument, or other writings, as shall be deemed necessary to document the change in ownership. 18. Contract Disputes. All contract disputes and arising under or related to this lease contract shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. All Contract Disputes shall be in writing and shall be filed at the following address: FAA Communications Lease—2009 Page 6 Office of Dispute Resolution for Acquisition, AGC-70, p q Federal Aviation Administration 800 Independence Ave., S.W., Room 323, Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720 A contract dispute against the FAA shall be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 19. Protest. (a) Protests concerning Federal Aviation Administration Screening Information Requests (S1Rs) or awards of lease contracts shall be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and shall be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. A protestor may seek review of a final FAA decision only after its administrative remedies have been exhausted. (b) Offerors initially should attempt to resolve any issues concerning potential protests with the Real Estate Contracting Officer. III (c) Protests shall be in writing and shall be filed at: Office of Dispute Resolution for Acquisition, AGC-70, Federal Aviation Administration, 800 Independence Ave., S.W., Room 323, Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720 At the same time as filing the protest with the ODRA, the protestor shall serve a copy of the protest on the Real Estate Contracting Officer (RECO). (d) A protest is considered to be filed on the date it is received by the ODRA and shall be tiled: (i)Not later than seven (7) business days after the date the protester knew or should have known of the grounds for the protest; or (ii) if the protester has requested a post-award debriefing from the RECO, not later than five (5) business days after the date on which the RECO holds that debriefing. FAA Communications Lease —2009 Page 7 | The full text ofthe Protest clause is incorporated hv reference. Upon request the full text ! ' will bc provided bv the QECO. 20. . Pursuant to 31 U.S.C. 8 1341, nothing contained herein shall be construed aa binding the Federal Government 10 expend in any one fiscal year any sum in excess of appropriations made bv Congress, for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of money in excess of such appropriations. 21. Federal Tort Claims Act. Frdco/| Government agrees that the construction, installation, � maintenance and use of the structures, appurtenances, equipment, and tools on the lands of the � District on which they are used or installed shall be effected with all reasonable diligence and precaution to avoid donuagek> the land, property, o, personnel of the District; further, the � Government agrees to cooperate, to the extent allowed by law, in the submission of claims � pursuant to the Federal Tort C|uinom Act against the United 3totca by third parties for personal injury, or property darnage resulting from the negligent act or omission of any employee of the Government in the course uf his employment(200.8.C. 8267), c/mrg.). 22. The Anti-Kickback Act of (986 (4l U.S.C. j)-58) (the AcU, prohibits any person from (i) Providing or attempting\n provide or offering io provide any kickback; (ii) � Soliciting, accepting, or attempting to accept any kickback; or(iii) Including, directly or indireo1|y, the � � , � � United States Government or in the contract price charged by a subcontractor to a prime � contractor nr higher tier subcontractor. � 23. Covenant Against Contingent Fees. The District warrants that nu person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for u contingent fee, except u bona fidcemployee oragency. For breach or violation ofthis warranty, the Government shall have the right to annul this contract without liability or, in its direction, to deduct from the contract price or consideration, or otherwise recover the full amount o[the contingent fee. 24. No Officials to Benefit. No member ofoc delegate to Congress, orresident commissioner, shall � � 8mnm it. However, this o|uumc does not apply to this contract 0othe extent that this contract is � made with u corporation for the corporation's general benefit. � 25. Assignment and Subleasing. Federal Government may not assign or sublease, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District, such consent not to be unreasonably withheld. Consent by District to one assignment or subletting shall not be deemed k/ beconsent to any subsequent assignment or subletting. An assignment or subletting without the prior written consent of District, or any assignment or subletting by operation of law, shall be void and shall, at the option of District, terminate this Lease. Federal Government shall not, during the term of this F/\/\ Cornnuuniso1ioua Lease—200g Pogo 8 � � Lease, encumber its interest in the premises by mortgage or deed of trust nr other security instrument, or otherwise use the premises as security for any indebtedness of Federal Government. 26. Entry by District. District may, o1 any and all reasonable times and upon 24hours � written notice to Federal Government, enter onto the Premises to inspect the same, to exhibit the Premises to other prospective Federal Governments, to post notices of non-responsibility, all � � without abatement nf rent payable by Federal Government hereunder. Federal Government � hereby waives any c!uinu for damages for any loss of occupancy or quiet enjoyment o[dhc P,cnuiaeo occasioned thereby, Notwithstanding the foregoing, District shall not access, disturb or open any of Federal Government's Improvements located on the Premises, except in the case of � on enncrgcncy situation which poses m substantial and immediate threat o[injury to persons or � damage to Property, District shall provide Federal Government with such notice as is reasonably � possible under the circumstances prior to such crnorgcncyaccess. ' 27. Waiver. The waiver by either party o[a breach of any term, covenant, orcondition � herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or � � condition or any subsequent breach of the sarne or any other term, covenant, or condition herein contained. Acceptance of Rent hereunder shall not be deerned to be a waiver of any preceding breach by Federal {]overnrncntof any terrn, covenant orcondidonuf this Lease, other than the � failure o' Federal Government io pay the particular rent ooaccepted. � 28. Notices. All notices, atutcnnsntu. dcnnunda, requests, approvals, orconsents (collectively, "notice") given hereunder by either party to the other shall be rnade in writing and sbu|| he served personally or by first class rnai|, cortiOed or return receipt requested, postage prepaid, and addressed to the other us follows: To District: IoF�d�ru) (3ovrrnxn�nt' � � . K1idpcninnu|a Regional Open Space District United Stoics Department ofTransportation 33ODigc| Circle Federal Aviation Administration Los Altos, C& 94022-|4U4 Real Estate & Utilities Branch, /lNM-53 Attn: Real Property Department 1001 Lind Avenue SW Renton, VV& 90O57 or to such other address as either party nay have furnished to the other as a place for the service � of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. � 29. General Provisions. This Lease contains all of the terms, covenants, and conditions agreed to by District and Federal Government, and may not be modified orally or in any manner � other than by an agreement, in writing, signed by all of the parties to this Lease or their respective successors in interest. Terms, covenants and conditions hereof, subject tothe provisions uato subletting and assignment, shall inure to the benefit o[and bind the heirs, FAA Communications Lease—2O09 Page successors, executors, administrators, sub-Federal Governments, and assigns of the parties. When the context of this Lease requires, masculine includes feminine, business entities of any kind and singular includes plural. Captions used herein are for convenience only, are not a part of this Lease and do not in any way limit or amplify the specific terms and provisions of the Lease. This Lease shall be governed and construed in accordance with the laws of the State of California in the County of Santa Clara. I I i i I I FAA Communications Lease—2009 Page 10 FEDERAL GOVERNMENT: By: Date: DISTRICT: Date: President Board of Directors Attest: Anna Jatczak District Clerk Approved as to form: Susan M. Schectman General Counsel I FAA Communications Lease—2009 Page 11 EXHIBIT B Legal Description of FAA Lease Area on Black Mountain—Site 3 (Rancho San Antonio Open Space Preserve) A parcel of land 160 feet square located in Section 13, Township 7 South, Range 3 West, in the County of Santa Clara, State of California more fully described as follows: From the southwest corner of said Section 13 proceed North 53 degrees 9 feet 16 inches East for 1,289.5 feet, more of less to the US Corps of Engineers Triangulation Station "Black Mountain." Thence North 67 degrees 1 1 feet 52 inches East for 211.7 feet more or less to the true point of beginning;thence North 77 degrees 4 feet thirty-nine inches East for 160 feet; thence South 12 degrees 55 feet 21 inches East for 160 feet; thence South 77 degrees 4 feet thirty-nine inches West for 160 feet; thence North l2degrees 55 feet 21 inches West for 160 feet to the true point of beginning. All bearings are true and the parcel contains 0.59 acres, more or less. FAA Communications Lease—2009 Page 12 i EXHIBIT C ELECTRONIC FUNDS TRANSFER (c) Method of Payment(FAA) (I) All payments by the Federal Government under this contract will be made by electronic funds transfer (EFT), except as provided in paragraph (a) (II) or (a) (III) hereof. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. Payment information transfer refers to the payment information normally sent with a payment to assist the contractor in associating the payment to specific contracts. (II)In the event the Federal Government is unable to release one or more payments by EFT, the District agrees to either: (i) Accept payment by check or (ii) Request the Federal Government to extend the payment due date until such time as the Government can make payment by EFT(but see paragraph (d) of this clause). (III) In the event that the District is granted a waiver from EFT under the exceptions as provided for in FAA AMS Section T3.3.I.A-7, the Federal Government payments will be made by check. A waiver from EFT is not permanent, and the District must register for EFT when the circumstances that justified the waiver change. (d) District's EFT information. Federal Government will make payment to the District using the EFT information contained in the Central District Registration (CCR) database. In the event that the EFT information changes, the District will be responsible for providing the updated information to the CCR database (Reference Clause, "Central District Registration- Real Property"). If the District is granted an exemption from CCR, the District will follow the requirements of alternate clause "District Payment Information - Non-CCR". (e) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210. (f) .Suspension of payment. If the District's EFT information in the CCR database is incorrect, then the Government is not required to make payments to the District under this contract until correct EFT information is entered into the CCR database, and any invoice or contract financing request submitted during this period of noncompliance will be deemed not to be a proper invoice for the purpose of prompt payment under this contract. In such instances, the late interest payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. FAA Communications Lease—2009 Page 13 ( ) liab or erroneous ' (1} If an incomplete or erroneous transfer occurs because the Federal Government used � the l]iutdci'y EFT information incorrectly, the Federal Government remains ! responsible for, / (i) Making n correct payment; (ii) Paying any late payment penalty due; and (iii) Recovering any erroneously directed funds. (U)ifan incomplete cv erroneous transfer occurs because the District's EFT information � was incorrect, or was revised within 30 days ofFederal Government release o[the EFT payment transaction instruction to the Federal Reserve System, and, � O|D 1f the funds are no longer under the control of the payment office, the Federal � Government is deemed to have made payment and the District is responsible for recovery of any erroneously directed funds; or (|\/) If the funds remain under the control of the payment office, the Government will � make payment under the provisions of paragraph (d) "Suspension of Payment". (h) fF�IonJy/Vxnen//erxvu. & payment will be deemed to have been noudr in utinoc|y manner in accordance with the payment tcrrnx of this contract if, in the EFT payment transaction instruction released {othe Federal Reserve System, the date specified for settlement o[the payment is on or before the payment due date, provided the specified payment date is u valid date under the rules of the Federal Reserve System. (i) EFT and assignment ofc/o/xns. lfthcDistriutassignstbeppocccdmnfthinooutraot, uu provided for in the assignment of claims terms nf this contract, the District will require that the aemiQncc register aepuru\c|y in the CCFtdatabase and that the assignee agree that payments will be noudc by EFT in accordance with the terms o[this clause. The requirements of this clause will apply to the assignee an ifit were the District. EFT information that shows the u|drnu1e recipient ofthe transfer to be other than the District or the CCQncgimtered ay*i&ncs is incorrect EFT information within the meaning of paragraph (d) "Suspension o[Payment" clause. U) EFT and Change of Name or [)wnorrhi Changes. |f the District transfers ownership of the property under lease occhanges its business name, it will follow the requirements of section (g) of clause, "Central District Registration - Qou| Property" (k) Liability/br change nf'EF7/n6/r/no//on 6vfinono/u/agent. The Government is not liable for errors resulting [romn changes to EFT information made by the District's financial agent. (|) po7x/cn/ /o/orx/ot/om. The accounting office will forward 1othe District available payment information that is muiinb|p for transmission as nf the date of release o[the EFT instruction to the Federal Reserve Syatern, The Government may request the District to designate udsmirod format and method(s) for delivery of payment in[brrnu1inn from u list of formats and methods the payment office ia capable ofexecuting. However, the � FAA Communications Lease—2O09 Page 14 � � Government does not guarantee that any particular format or method of delivery is available nt any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. The District can obtain detailed payment information by registering for the US Treasury PAID system. This can bedone on the intcrnetby logging onto the vvshaitc: httpy://hnmuppx.bcnu.gov/poid/. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government will mail the payment information to the remittance address contained in the contract and CCRdatubuae. � � CENTRAL CONTRACTOR REGISTRATION - REAL PROPERTY The FAA uses the Central Contractor Registmtion (CCR) systemayibcp,immymeany0o maintain Contractor information required for payment under any FAA contract. � (a) Definitions. As used in this clause for: � � "Central Contractor Registration (CCFl) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Contractor" is synonymous with "District" for real property leases or other contracts � � "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned � by Dun and Bradstreet, Inc. (U61D) to identify unique business entities. � "Data Universal Numbering Syatsnnf4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. � ([)Jdl3 has no affiliation with this 4'churuotc,auOix.) This 4-choruutersuffix may be assigned utthe discretion of the business concern to catnh|iah additional CCRL records for identifying alternative Electronic Funds Transfer(5PT) accounts for the same parent concern. "Registered in the CCFldatabase" means that the Contractor has entered all nnundn1nry information, including the DUNS number or the DUNS+4 number, into the CCR database. � (b) Uy submission ofun offer, the offeror acknowledges that: (|) /\ prospective ovvardeewill be registered in the CCQ database prior to award, during performance, and through final payment. (2) The offeror will enter, in the space provided on the clause, Contractor Identification Number Data Universal Numbering System ([)[]N3) nurnber- Flou| Property the offerors DUNS or DUNS+4 number that identifies the offerors name and address exactly as stated in the offer. The DUNS number will hc used by the Contracting Officer 10 verify that the � / offeror is registered in the CCRLdatabase. ! (c) If the offeror does not have a DUNS number, it will contact Dun and Bradstreet directly to obtain one. FAA Communications Lease—2O09 PugcI5 (1) An offerormay obtain a DUNS number: y (i) If located within the United States, by calling Dun and Bradstreet at 1-866- 705-5711 or via the Internet at littp://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror will be prepared to provide the following information: (i) Company* legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. (vii)Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). * Individual (non-corporate) Districts of real property that are not normally in the business of leasing real property: You should consider your leasing to the Government as a separate business (usually a sole proprietorship)then provide the pertinent ownership information as an sole proprietor when providing this information to Dunn & Bradstreet. (d) If an otherwise successful Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Offeror, if the Contracting Officer determines it to be in the best interests of the Government. (e) Processing time, normally 48 hours, will be taken into consideration when registering. Offerors who are not registered will consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database the Contractor is required to FAA Communications Lease —2009 Page 16 � review and update, on an annual basis from the date of initial registration or subsequent � updates, its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and | � io not o substitute for u properly executed contractual document. � � (u) Changes (\)Name o,Ownership Changes � � ,(� If legally —. bubusiness nun�e, "doing business as" � | ` —�_'� _�-- name, or division nonne (whichever is shown on the contract), or has transferred � the uasctx used in performing the contract, the Contractor will provide the responsible Contracting Officer a rninimurn of one business day's written notification ufits intention to: � u) Change the nonneio the CCRdatabase; b) Agree inwriting to the timeline and procedures the Contracting Officer specifies to document the requested change in the contract. With notification, the Contractor will provide sufficient documentation to | support the legally changed name then execute the appropriate � supplemental agreement to document the name change provided bythe � � Contracting Officer. � (ii) The Contractor's entry o[the name/ownership change in CCFt does not relieve the Contractor o[responsibility 0zprovide proper notice ufthe name change to the Contracting Officer. The change in CCR cannot be made effective until the appropriate documentation/supplemental agreement is executed by the Contracting Officer. Any discrepancy in payee information in CCR caused by a | failure to fulfill the requirements specified in paragraph (g)()) (h above, will � result in a discrepancy that is incorrect information, within the meaning of � puraQruph (d\ �unp�nmiono�Poynocn�o�thrc|ccboniofbndstranmf�r(E�T) � ` ' ` ' clause u[this contract. � (2) Assignment of Clairns. The Contractor will not change the name or address for EFT payments in the CCR or manual payments to reflect an assignee. Assignees must � separately register in the CCVLdatabase. The Contractor will notify the Contracting | Officer and will comply with the instructions for submitting an Assignment of Claims � � notification. Information provided tothe Contractor's CC;( record that indicates | payments, including those noudr by EFT, to an ubinoutc recipient other than that � � Contractor, without proper notice to the Contracting Officer, will be considered to be � incorrect information within the meaning of the paragraph (d) "Suspension of payment" of the EFT clause of this contract. (h) Exceptions toCCR. Aa provided for in /\K4S Procurement Toolbox Section T3.3.|.&-8, � "Central Contractor Rcgiyimtimn''` certain contractors may qualify by limited exceptions to CCRvvniver. l[acontractor is determined by the Contracting Officer to merit justification of FAA Communications Lease—2OU9 ymgcI7 � � � u waiver from CCB, then the contractor will provide initial payment information and any � future vendor information changes 0o the Contracting (Jffixeron the "Vendor Miscellaneous Payment Information" form, provided by the Contracting Dffioer. /\n alternate clause, "Contractor Payment Information-Non CC0" will be included in the contract and the / District/vendor will comply with the terms of that clause. Having an exception from CCR � � does not excuse u vendor from EFT payment requirements, as required io the clause, "Payment by Electronic Fund Transfer - Real Property". � (i) Offerors and Contractors may obtain information nnregistration and annual confirmation requirements via the internu1 at or by calling 1-880-227-2423, or209-9h|' � 5757. / � � � � � � � � / � . � | � � | P | � FAAA Communications I8 a\iona Lcumc —2009 `=- CONTRACTOR IDENTIFICATION NUMBER- DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER- REAL PROPERTY (OCT 2006) (a) Definitions. As used in this clause "Contractor Identification Number," as used in this provision, means "Data Universal Numbering System (DUNS) number, which is a nine-digit number assigned by Dun and Bradstreet Information Services, to identify unique business entities (taken frorn CCR clause) "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Fund Transfer. (b) Contractor identification is essential for receiving payment and complying with statutory j contract reporting requirements. Therefore, the offeror will provide its DUNS or DUNS+4 number below. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. DUNS OR DUNS+4 NUMBER: (c) If the offeror does not have a DUNS number, he should contact Dun and Bradstreet at 1- 866-705-571 1, or via the internet at http:/lwww.dnb.com directly to obtain one. Detailed requirements for obtaining a DUNS number is contained in Paragraph (c) of clause "Central Contractor Registration-Real Property". CERTIFICATION OF REGISTRATION IN CENT RAL CONTRACTOR REGISTRATION (CCR) (Oct-06) (a) In accordance with clause, "Central Contractor Registration-Real Property", and by submission of this offer, the offeror certifies that they are registered in the CCR Database and have entered all mandatory information including the DUNS or DUNS+4 Number required in clause, "Contractor Identification Number-Data Universal Numbering System (DUNS)Number- Real Property". (b) Signature of Offer or /Date FAA Communications Lease —2009 Page 19 Rancho San Antonio Open Space Preserve 4 Page Zo Monte eel% �\a01- � Road Water Tank WP03 • k'(tail Black Mountain a\a�Gtee ^ 3 Campground I► x E N C N a i m Black Mountain N 2815 0 Monte Bello Open Space Preserve To 0 Picchetti o Ranch o 0 N d O a` i� �XExhibit A: Black Mountain Communications Site Plan Site #1 - Stanford Communications w Rancho San Antonio Open Space Preserve Site #2 - C & C Equipment Company, Inc. Site #3 - FAA Communications MIR Map produced by Midpeninsula Regional Open Space District 09/18/09 Site #4 - Mountain Union Telecom Puma 0 250 500Feet Site #5 -Association of Continuing Education (ACE) t Tower t Tower SM County ' ` Tower Main �` SM County Building Building X r o � yl � c y"4 E N E Tower o� lJJ C ar (p a r • _ y v n c t, 76 � U w �C x 7 y Tower E m p a C O y n`. Photo source:Google Earth Exhibit D: FAA Communications Site Improvements e S Rancho San Antonio Open Space Preserve • ' Map produced by Midpeninsula Regional Open Space District 09/18/09 0 50 100 200 Feet A4 Midpeninsula Regional Open Space District R-09-107 Meeting 09-30 November 18, 2008 AGENDA ITEM 5 AGENDA ITEM Extension of the Memorandum of Understanding (MOU) between the Santa Clara County Office of the Sheriff and the District for the Provision of Law Enforcement Services on District Lands. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to approve the attached amendment to the Memorandum of Understanding between the Santa Clara County Office of the Sheriff and the District for the provision of law enforcement services on District Lands extending the term until March 31, 2010 and authorizing additional costs for services in an amount not to exceed $50,000. SUMMARY Approval of the attached amendment of the MOU will extend the term of the MOU until March 31, 2010 and will result in the continuation of patrol services, beyond the basic service already provided by the Santa Clara County Sheriff at an additional cost not to exceed $50,000. Staff requests additional time to acquire and evaluate data on the performance of the Santa Clara County Sheriff under this MOU and to review these data with the District Peace Officer's Association. Funds for these services have already been included in the FY2009-10 budget. DISCUSSION In August, 2008, after extended negotiations, the Board of Directors approved the subject MOU with the Santa Clara County Sheriff to provide additional, armed patrol services on District lands (see report R-08-02). The original MOU was valid until June 30, 2009. The MOU was extended until November 30, 2009 to allow staff additional time to evaluate the effectiveness of the program. The extension maintained the initial Board authorized spending limit of$100,000 for the period of the MOU. Staff requests an extension of the MOU until the end of the current fiscal year (March 31, 2010) to gather more data for the evaluation and share the results with the District's Peace Officers' Association, an important step in identifying future contract service levels. In order to extend this MOU, the spending limit, which requires Board approval, must be raised from $100,000 to a total amount not to exceed $150,000. Note that this covers the period of R-09-107 Page 2 November, 2008 through March, 2010. No changes are necessary in the funds budgeted for this fiscal year. The purpose of the MOU is to reduce response time for armed Sheriffs deputies when requested by District patrol staff. It is clearly stated in the MOU that the services provided will not replace, but will augment, the existing services already provided by Sheriffs deputies in Santa Clara County. The reason for extending the current MOU to March 31, 2010 is to allow staff additional time to assess the value of the program. This additional time for evaluation was discussed and agreed upon in a meeting between District management and representatives from the District's Peace Officers' Association. Staff will return to the Board prior to FY201 0-11 with an analysis of the effectiveness of the program, and recommendations regarding the program. The program has provided an additional law enforcement presence on District lands. Staffing of the program has been accomplished, primarily, by a core group of deputies, who have come to know District staff and District lands. Deputies have accompanied District staff on a number of foot patrols to investigate possible marijuana grow sites and other suspicious activities. FISCAL IMPACT Funds required to pay for the proposed action are already allocated in the current budget. The total cost ($150,000) for the contract covers the period of November, 2008 through March, 2010 (FY2008-09 through FY2009-1 0). In FY2009-10, $92,000 was initially budgeted for this service. This amount was reduced by $15,350 in the mid-year budget to account for savings in costs from March through August, 2009. The actual costs under the MOU vary depending on whether a reserve deputy or regular deputy staffs the shift, with reserve deputies providing the same service level at a cost savings. The FY2009-1 0 budget contains sufficient funds to pay for the cost of the MOU though the end of the fiscal year. No additional funds are being requested for the balance of this fiscal year. PUBLIC NOTICE Public notice was provided per 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, the attached amendment to the existing Memorandum of Understanding will be executed by the signatories, and District staff will continue to work with staff from the Office of the Sheriff to have additional patrol services provided on District lands. Attachment(s) Extension to the Memorandum of Understanding i R-09-107 Page 3 Prepared by: Gordon Baillie, Management Analyst Contact person: David San uinetti Operations Manager er p g II Amendment to Memorandum of Understanding Between Santa Clara County Office of the Sheriff And Midpeninsula Regional Open Space District RECITALS 1. A Memorandum of Understanding (MOU) was entered into on September 3, 2008 between the Santa Clara County Office of the Sheriff("Sheriff") and the Midpeninsula Regional Open Space District ("District") for the provision of law enforcement services to designated District sites and facilities. 2. The Memorandum of Understanding was extended until November 30, 2009 by an Amendment agreed upon by both parties on June 16, 2009. 3. Section I I of the MOU provides that the MOU may be modified by an instrument in writing signed by the General Manager of the District and the Sheriff of the County of Santa Clara, or their authorized designees. 4. The parties to the MOU wish to modify Section 2 and Section 6 of the MOU to extend the term of the MOU through March 31, 2010 thereby allowing a more informed assessment of the effectiveness of the services provided and to agree upon the maximum amount of costs for services to be provided under the MOU. NOW, THEREFORE, the Parties agree that the MOU shall be amended and modified as follows: 1. The first sentence of Section 2 of the MOU is amended to read as follows: "The term of this MOU shall be from the date of signature by both Parties through March 31, 2010." 2. The Second Sentence of the Second Paragraph of Section 6(A) of the MOU shall be amended to read as follows: "Total costs payable to the Office of the Sheriff by the District under this MOU will not exceed $150,000 during the term of this MOU." In all other respects, the MOU shall remain in full force and effect and its terms unchanged. In witness whereof, the Parties have executed this Amendment to the Memorandum of Understanding on the date last written below. Santa Clara County Office of the Sheriff Midpeninsula Regional Open Space District Laurie Smith, Date Stephen E. Abbors, Date Sheriff, Santa Clara County, California General Manager Approved as to Form: Approved as to Form: Cheryl A. Stevens, Lead Deputy County Counsel Susan Schectman, General Counsel Midpeninsula Regional Open Space District R-09-122 Meeting 09-30 November 18, 2009 AGENDA ITEM 6 AGENDA ITEM Approve Midyear Amendments to the FY2009-1 0 Fiscal Year Action Plan and Budget ADMINISTRATION AND BUDGET COMMITTEE RECOMMENDATIONS 1. Accept the District Controller's Midyear Financial Report 2. Approve the attached Resolution implementing amendments to the FY 2009-10 Action Plan and to the FY2009-10 Budget in accordance with the Administration and Budget Committee Recommendation 3. Approve the Administration and Budget Committee's Recommendations for Departments' Action Plan and Budget adjustments as described in this report SUMMARY The Administration and Budget Committee has reviewed the District's proposed FY2009-1 0 Action Plan and Budget adjustments based on the Department's estimated activities and expenditures and recommends approval of the amendments as described in this report. DISCUSSION The FY2009-1 0 Action Plan and Budget were approved at the March 25, 2009 Board Meeting (R-09-42 and R-09-43). The Administration and Budget Committee (ABC) then met on October 26, 27 and November 4 to review the FY2009-1 0 midyear action plan and budget adjustment proposals and discuss the following: 1. Controller's report on the midyear budget revenues and expenditures, based on the first five months of FY2009-1 0 2. FY2008-00 year-end summary of actual versus projected expenditures 3. Review of the midyear action plan and operating budget adjustments and 7% guideline with budget adjustments 4. FY2009-10 proposed midyear action plan and budget adjustments by department Controller's Report The report shows that the District's five month tax revenues are approximately 5% higher than the same period in the prior year. The final estimates from the county tax assessors indicate that tax revenue for the District's full fiscal year is expected to exceed the budget by approximately R-09-122 Page 2 $950,000. The other revenue items that differ from the budget are (1) the $250,000 gift received as part of the POST/Roberts transaction and (2) the unlikely receipt (due to the state's financial deficits) of$500,000 budgeted for a land acquisition grant from the state Coastal Conservancy. Grant income was very high in FY2008-09 in comparison to FY2009-10 due to completion of the Mindego Ranch transaction in FY2008-09. The outlook for District property tax revenue growth in FY201 0-11 is poor. The current District financial model assumes 0%tax revenue growth in FY 2010-11. The Controller's report shows that the District spent 32% of its twelve-month administrative, operations and development budget during the first five months of the fiscal year. This compares to 28% spent at the same point last year. If operational spending is closer to the original budget in the final seven months of the fiscal year, than total operating expenses, excluding major projects and property management, would be about 47% of tax revenue. Overall, the financial results of the first five months indicate revenues and expenditures are consistent with the District's long-term financial plans. Action Plan/Budget Coordinated Planning and Review Process The budget and action plan work together to define the work plan for the District in the coming year, and the mid-year key project changes and additions are linked to modifications in the annual budget. New midyear key projects contain information regarding the reasons these projects are proposed and what current projects will be delayed, changed or dropped to provide the resources (including staff time and budget estimates) for completing the work in FY2009-1 0. These changes have been incorporated into the proposed action plan and budget for each department. In addition, staff closely coordinated on key projects to insure that all department interdependencies were discussed and the associated costs budgeted. Action Plan Review Process The midyear action plan review for the FY2009-10 fiscal year is based on the first five months of the fiscal year (April—August, 2009). This change in the timing of the midyear/ review and adjustment process was undertaken to avoid an overlap of the FY2009-10 midyear review with the FY2010-11 action plan and budget process. The Departments proposed action plan changes resulted overall in changes to 16 previously approved key projects and the addition of 28 new key projects. The overall budgetary effect of these modifications to the adopted action plan is a budget decrease of$356,935. The modifications resulted in a budget decrease because 20 of the 28 new key projects had no budgetary impact other than staff time and the budget decrease was a net decrease resulting from the $140,565 in added costs of changed and new projects and the $497,500 decreased costs of changed and deferred projects. The proposed changes and additions to each department's key projects are described in the attachments entitled: 1) "Changes Proposed to Adopted FY2009- 10 Action Plan Key Projects", 2) "Additions proposed to Adopted FY2009-10 Action Plan Key Projects". Activities/Future Projects. R-09-122 Page 3 Chanizes to Adopted Action Plan Key Projects and Midyear added New Key Projects BUDGET DEPARTMENT KEY PROJECT CHANGE NEW EFFECTS 1. Sierra Azul-Bear Creek Redwoods Master Plan PLANNING Development. X -$58,500 2. Resource Management Policies X $0 3. Pond Management Policies X -$7,500 4. Schilling Lake Management Plan X $10,000 5. Thornewood Public Access Improvements X -$68,500 6. Skyline Field Office Remodel X -$370,000 7. Lower Purisima Creek Redwoods Parking Improvements X $0 8. Cooley Landing Public Access Improvements Project X $25,000 9. District-wide Staff Facilities Planning Study X $0 10. Agricultural Policy Implementation Guide X $0 11. Driscoll Ranch Pond DR06 Repair X $35,000 12. Guadalupe River Watershed Mercury Total Maximum Total Load (TMDL) Site Investi atio►1s X $20,000 PLANNIING CHANGED SIX PROJECTS FOR NET BUDGET DECREASE OF$494,500 AND ADDED SIX PROJECTS FOR A BUDGET INCREASE OF $80,000. TOTAL NET EFFECT. DECREASE OF$414,500 REAL PROPERTY 1. Property Management Software X -$3,000 2. Bi-Annual Contractor Bid Process X $0 3. Design Review of Proposed Site X $0 Improvements on Stringer Private In-holding at Russian Ridge OSP R-09-122 Page 4 BUDGET DEPARTMENT KEY PROJECT CHANGE NEW EFFECTS REAL PROPERTY 4. Bear Creek Stables Site (continued) Assessment X $8,500 5. Cooley Landing Public Access Improvements Project, Ravenswood Open Space Preserve X $0 6. District-wide Staff Facilities Planning Study X $0 7. The Hawthorne's Property Transfer X $0 8. District-wide Strategic Plan X $0 9. Saratoga to Skyline Sanborn Land Purchase Projects X $0 10. 330 Distel Circle Building Maintenance X $0 REAL PROPERTY CHANGED THREE PROJECTS FOR A BUDGET DECREASE OF$3,000 AND ADDED SEVEN PROJECTS FOR A BUDGET INCREASE OF$8,500.NET EFFECT ON BUDGET: INCREASE OF$5,500 1. Sierra AZuI/Bear Creek Redwoods Master Plan PUBLIC AFFAIRS Development X $0 PUBLIC AFFAIRS CHANGED 'I ONE PROJECT FOR A BUDGET EFFECT OF$0. TOTAL EFFECT: $0 $0 1. Commuter Check Program (T3 ADMINISTRATION Innovation Program Submittal) X $315 Legal Services Key Projects: 1. Skyline Field Office Remodel X $0 2. Hawthorne's Property Transfer, Windy Hill Open Space Preserve X $0 3. Cooley Landing Public Access Improvements Project X $0 4. Agricultural Policy Implementation Guide X $0 R-09-122 Page 5 BUDGET DEPARTMENT KEY PROJECT CHANGE NEW EFFECTS ADMINISTRATION 5. Driscoll Ranch Pond Repair (continued) Project _ X $0 (ADMINISTRATION-OTHER THAN LEGAL-ADDED ONE PROJECT FOR BUDGET INCREASE OF$315. LEGAL SERVICES CHANGED ONE PROJECT AND ADDED FIVE PROJECTS WITH BUDGET EFFECT OF$0.NET BUDGET INCREASE: $315. 1. Citations and Warnings Database OPERATIONS Upgrade X $5,500 2. Sudden Oak Death Monitoring and Research X $0 3. Thornewood "frail Construction X $0 4. Monte Bello White Oak Trail X $0 5. Mindego Fencing($20,000 transferred to Contract Services) X $0 6. 20 Year Facilities, Staffing and Capital Equipment Plan X $0 7. Lower Purisima Creek Redwoods Parking Improvements X $0 8. Agricultural Policy Development X $0 9. Bear Creek Stables Analysis X $0 10. Cooley Landing Dev. X $0 1. Mountain Bicycling Damage Response X $0 12. Apple Orchard/Stevens Canyon Ranch X $0 Hawthorne's Property Transfer X $0 13. Alpine Pond Management X $41,250 14. Weed Database X $5,000 OPERATIONS CHANGED FIVE PROJECTS FOR BUDGET INCREASE OF$5,500 AND ADDED TEN PROJECTS FOR BUDGET INCREASE OF $46,250.TOTAL NET EFFECT ON BUDGET: INCREASE OF $51,750 TOTAL KEY PROJECT BUDGET DECREASE - ALL DEPARTMENTS -$356,935 R-09-122 Page 6 Budget Review Process The midyear budget review for FY2009-10 is, in conjunction with the Action Plan, also based on the first rive months of the fiscal year(April—August, 2009). Overall District Budget The proposed midyear budget for FY2009-10 totals $43,694,359 and is shown in Table I below: TABLE I Proposed Proposed Midyear Midyear Budge % of Total District Budget Budget Totals Budget Operating Budget Salaries & Benefits $10,169,152 23.27% Services & Supplies $3,489,683 8.00% Total $13,658,835 31.27% Fixed Assets Property $152,614 0.35% Management Public $460,715 1.05% Access/Planning Staff Facility $470,000 1.08% Improvements Planning Projects $287,900 0.66% Other Special $441,600 1.01% Projects Unanticipated CIP $25,000 .06% $1,837,829 4.21% Land Purchases $20,378,775 46.64% Debt Service $7,818,920 17.89% Total $43,694,359 100% 1. Operating Budget and Guidelines The proposed $13,658,835 operating budget includes expenses for salaries and benefits as well as services and supplies. This amount increased 5.2% from the FY2008-09 midyear budget due to increases in salaries and benefits, as most departments have come up to full staffing (FY2008-09 began with 14 full-time positions vacant) and the across the board 2.5% salary increase driven by the District/Employee Memorandum of Agreement, R-09-122 Page 7 a Expense Operating Ex ense Guideline The Operating Expense Guideline tracks operating expenses as a percentage of projected tax revenue. Given current economic conditions, understanding whether the District's tax revenue can adequately finance our operating budget is a very important factor. The FY09-10 operating expenses should be approximately 49.5% of total revenue and below the guideline of 50% of tax revenue. b) Operating Growth Guideline The District's Operating Growth Guideline limits the average annual growth in operating expenses to 7%. Operating expenses include salaries and benefits, services and supplies, and fixed assets associated with the administration`of the District's five departments. Expenditures for land acquisition (including costs associated with land purchases such as appraisals, site engineering fees, and title insurance), debt service, property management, and capital improvements (including the Planning Department projects) are considered outside the Guideline definition. The calculation of this Guideline was last adjusted in 2006. The proposed midyear FY2009-10 $13,658,835 operating budget is $29,540 under the 7% growth guideline of$13,688,375. Assuming 95% actual expenditures during the fiscal year, the District would be under the 7% growth guideline by $712,482. c) Coverage Ratio Guideline The Coverage Ratio Guideline was proposed by the District Controller and provides a cushion for future borrowing. It is calculated by dividing the difference of the tax revenues less operating expenses by the sum of debt service plus $2 million. Maintaining a ratio of at least 100% ensures that$2 million will be set aside to service additional debt issued to fund purchases of new land. The proposed FY2009-10 budget provides for a coverage ratio of 142% which is well above the Guideline minimum of 100% or more. d Capital Improvement Program (CIP) Budget & Guideline p p g The Board approved a new Budget Guideline for the Capital Improvement Program in 2006, which includes the cost for current and future master planning processes, regional resource inventories, road and trail inventories and grazing assessments and plans. The Guideline allows for expenditures of$700,000 per year averaged over a 5-year period. This year's adopted CIP budget 5-year average was $732,089, which exceeded the Guideline by $32,089. The midyear FY2009-10 Action Plan changes resulted in a CIP Budget 5-year average of$700,000 which adheres to the Guideline. R-09-122 Page 8 e) Staff Facilities Growth Guideline This Guideline requires the ten year average of the staff facilities expenditures to be less than 3.5% of the District's annual operating budget. For the FY2009-1 0 proposed midyear operating budget, the expenditure allowed under this Guideline is $478,413 and the proposed expenditure is $470,000. The ten year average is $254,490 and is well below this Guideline. 2. Staffing There are two new full time benefited positions created in the proposed FY2009-1 0 Mid-Year budget. The Planning Department will be adding a 2-year limited term Open Space Planner 11 (Project Manager for Mt. Umunhum site remediation with planned Federal reimbursement) and the Administration Department proposes to separate the District Clerk function from the Manager of Administration to create a stand-alone, professional District Clerk. 3. Proposed Department Budgets Percentage 09-10 09-10 09-10 09-10 Decrease/Increase Dept Adopted Mid-Year Mid-Year Mid-Year from Adopted Budget Increases Decreases Budget Budget Real Property $29,066,213 $138,034 $134,520 $29,069,727 0.01% Planning $ 3,431,432 $149,896 $904,935 $ 2,676,393 -22.00% Public Affairs $ 1,138,361 $ 38,675 $ 17,200 $ 1,159,836 1.89% Administration $ 2,418,186 $154,487 $137,162 $ 2,435,511 0.72% Operations 8,887,030 $140,493 $674,632 $ 8,352,892 -6.01% TOTAL $44,941,222� $621,585 $1,868,449 $43,694,359 - 2.77% ADMINISTRATION 09-10 Percent 08-09 09-10 Proposed Change from Midyear Adopted Midyear 08-09 Budget Budget Budget Midyear Salaries & Benefits $1,528,553 $1,700,360 $1,765,016 15.5% Services & Supplies $652,097 $607,826 $595,495 -8.7% Fixed Assets—Operating $0 $110,000 $75,000 Expenses TOTAL $2,180,650 $2,418,186 $2,435,511 11.7% R-09-122 Page 9 Administration (continued) The proposed FY2009-1 0 budget for the Administration Department is $2,43 5,511 which is an increase of approximately 11.7% from the FY2008-09 midyear budget. This budget includes expenditures for salaries and benefits, services and supplies and fixed assets. The Administration Department budget includes an increase of$315 to fund a T3 Innovation Program project. Salary and Benefits The proposed salaries and benefits for the Administration Department is $1,765,016. This is an increase of 15.5% from the FY2008-09 midyear budget, which is due in large part to the addition of the District Clerk position and several position adjustments, including the upgrade of half-time Training Coordinator to full-time Training and Safety position, hiring of temporary Accounting help and upgrade of the IT intern. The Administration Department will be fully staffed for the remainder of FY2009-10. Services and Supplies The Administration Department's proposed budget for services and supplies is $595,495, which is a decrease of approximately 8.7% from the FY2008-09 midyear budget. The decrease is due to a reduction in the departments' services and supplies budget and elimination of the cost for elections ($87,400) from last fiscal year. Fixed Assets The proposed fixed assets budget for Midyear FY2009-10 has decreased from the Adopted Budget level of$110,000 to $75,000 due to repair instead of replacement of carpet in the Administrative Office. Most of the allocated fixed assets are budgeted for two Administration Department key projects: replacement of the Administrative Office and field offices phone and voice mail systems ($35,000) and a video conferencing system to connect the Administrative Office to the two field offices ($40,000). REAL PROPERTY 09-10 Percent 08-09 09-10 Proposed Change from Midyear Adopted Midyear 08-09 Budget Budget Budget Midyear Salaries & Benefits $472,599 $528,141 $535,168 13.2% Services & Supplies $179,785 $198,350 $184,250 2.5% Property Management $143,997 $142,027 $152,614 6% Debt Service $7,587,704 $7,818,920 $7,818.920 3% Land (including costs $37,591,474 $20,378,775 $20,378,775 -45.8% associated with purchase) TOTAL S45,975,559 $29,066,21 69,727 -36.8% R-09-122 Page 10 Real Property (continued) The proposed midyear FY2009-10 budget for the Real Property Department is $29,069,727 which is a decrease of 36.8% from the FY2008-09 midyear budget. This budget includes expenditures for salaries and benefits, services and supplies, property management, debt service and land. Excluding debt service payments, the Real Property Department budget is $21,250,807. The Real Property Department Adopted FY2009-10 Budget included $19,613,500 for key projects as described in the proposed FY2009-10 Real Property Department action plan. The midyear changes to the department's Action Plan will increase the budgeted costs for key projects by $5,500. The Real Property Department's emphasis during FY2009-1 0 will continue focusing efforts on purchasing lands in the Coastal Protection Area including the Purisima-to-the Sea Property Purchases as a key project and to fill in and complete the open space greenbelt, including potential property additions to Sierra Azul, Bear Creek Redwoods, Russian Ridge, Skyline Ridge, Monte Bello, Mills Creek, Windy Hill and Purisima Creek Redwoods Open Space Preserves. The Land Protection Program will continue to seek resolution to encroachment problems and property right disputes. Salaries and Benefits The Midyear budget proposed salaries and benefits for the Real Property Department is $535,168. This is an increase of approximately 13.2% from the FY2008-09 midyear budget. The increased personnel costs are due to the department now being fully staffed after a year of experiencing two vacant positions. Serv ices ri*es and Supplies The Real Property Department's proposed midyear budget for services and supplies is $184,250 This is an increase of approximately 2.5% from the FY2008-09 midyear budget and is primarily due to potential litigation to resolve real property rights disputes on District lands. This budget includes monies for appraisals, title research, surveys, engineering studies, grant preparation, legal fees and environmental assessments related to protecting the District's real property rights. Property Management The proposed FY2009-10 midyear budget for the Property Management Program is $152,614, an increase of approximately 6% from the FY2008-09 midyear budget to perform identified repair and maintenance of private and employee residential rental structures. Net income from the District's property management properties for FY2009-10 is projected at $754,073 (gross income of$896,100 minus $142,027 in expenses). Debt Service Debt Service for principal repayment and interest on the District's land contracts and note issues is budgeted at $7,818,920 for FY2009-1 0, which represents a 3% increase over FY2008-09. R-09-122 Page I Real Property (continued) Land The new land expenditures remain at $20,378,775 for the midyear FY2009-10 budget. This is a 45.8% decrease from the FY2008-09 midyear budget which is substantial, but this year's budget does not include last year's large land purchase of the POST Mindego Ranch property which totaled $14,436,000. The District Controller forecasts that the amount budgeted for new land purchases, $20,378,775, will be available in FY2009-10. The budget for new land purchases also includes fixed assets relating to land purchase support such as appraisals, site engineering, resource environmental studies, escrow fees, title insurance, legal fees, costs associated with new land purchases such structures disposition and site clean up or remediation. PLANNING 09-10 Percent 08-09 09-10 Proposed Change from Midyear Adopted Midyear 08-09 Budget Bud et Budget Midyear Salaries & Benefits $1,222,850 $1,323,405 $1,361,920 11.4% Services & Supplies $79,775 $66,527 $64,358 -19.3% Fixed Assets $0 $7,000 $6,500 Coastside Protection $10,000 $0 $0 -100% Planning Projects $312,000 $406,900 $287,900 -7.7% Staff Facilities $846,800 $915,000 $470,000 -44.5% Public Access Improvements, $888,100 $687,600 $460,715 -48.1 FEMA Unanticipated Capital $25,000 $25,000 $25,000 0% Improvements TOTAL $3,384,225 $3,431,432 $2,676,393 -20.9% The proposed FY2009-10 midyear budget for the Planning Department 1s $2,676,393 which is a decrease of 20.9% from the FY2008-09 midyear budget. This budget includes $1,575,800 for Planning Department key projects as described in the proposed FY2009-10 Planning Department action plan. The Planning Department's proposed midyear changes to their Action Plan will have the net effect of decreasing the funds budgeted for key projects by $439,500. Salaries and Benefits The proposed salaries and benefits for the Planning Department is $1,361,920. This is an increase of approximately 11.4% from the FY2008-09 midyear budget. The Planning Department has proposed the addition of a 2-year limited term Open Space Planner II (with focus on Site Remediation). The Planning department will be fully staffed for FY2009-10. R-09-122 Page 12 Planning (continued) Services and Supplies The Planning Department's proposed budget for services and supplies is $64,538. This is a decrease of 19.3% which was achieved by decreasing expenditures in lines items including books and subscriptions, local business meeting expenses, training, memberships and dues, computer supplies and hardware, and postage. Planning Projects and Capital Improvement Program Budget The proposed midyear Planning Projects and Capital Improvement Program (CIP) Budget of $1,243,615 is separated into the following programs: 1) Planning Projects, 2) Public Access Facilities, 3) Staff Facilities, and 4) Unanticipated Capital Improvement Projects. Planning Projects and Public Access Facilities expenditures are included under the CIP Guideline, whereas the Staff Facilities expenditures are monitored under the Staff Facilities Program Guideline. FY2009-10 will be the first year no funds are allocated under the Coastside Protection Program, which began in FY2000-01. The annexation has been completed. The Unanticipated Capital Improvements Program includes budget allocations for emergency repairs or unanticipated capital improvement projects that address public safety. The proposed midyear budget remains at $25,000. OPERATIONS 09-10 Percent 09-10 Proposed Change from 08-09 Midyear Adopted Midyear 08-09 Budget Budget Budget Midyear Salaries & Benefits $5,282,181 $5,672,089 $5,714,862 8.2% Services & Supplies $2,000,908 $1,825,981 $1,868,445 -6.6%- Fixed Assets— Operating $447,310 $438,960 $419,585 -6.2% Expenses Fixed Assets—Non- $100,000 $950,000 $350,000 250% Operating Expenses ._ TOTAL $7,830,339 $8,887,030 $8,352,892 6.7% The proposed midyear FY2009-10 budget for the Operations Department is $8,352,892, which is an increase of approximately 6.7% from the FY2008-09 midyear budget. This budget includes expenditures for salaries and benefits, services and supplies and fixed assets. The priority for the FY2009-1 0 Operations budget continues to be to provide responsible stewardship of all District lands. The Operations Department plans to accomplish this goal by delivering public safety, maintenance, construction, and resource management services that are needed to protect and enhance the natural resources and ensure safe and appropriate use of District lands. The adopted budget included $1,295,700 for Operation Department key projects i R-09-122 Page 13 Operations (continued) as described in the proposed FY2009-10 Operation Department action plan. The midyear Action Plan includes changes to previously approved projects and adds new projects resulting in a net increase of$51,750 to the budgeted funds for key projects. Salaries and Benefits The proposed salaries and benefits for the Operations Department is $5,714.862. This is an increase of approximately 8.2% from the FY2008-09 midyear budget. The budgeted increases in personnel costs are primarily due to the hiring of five rangers to fill previously existing, but vacant, positions and the addition of a new Slender False Brome Program Intern approved in the � adopted budget. This new position will manage the Slender False Brome program and will work for a maximum of 999 hours at a cost of$20,887. Additionally, the Resource Management Intern budget was also increased in the adopted budget by an additional 999 hours. Salaries and benefits include a decrease in the adopted budget of$22,230 because the half-time Training Coordinator position was reclassified and transferred to the Administration Department. The Operations department will be fully staffed for FY2009-10. Services and Supplies The Operations Department's proposed midyear budget for services and supplies is $1,868,445. et. of 6.6% from the FY2008-09 midyear bud This is a decrease y g The $132 46� reduction tion in the Operations ns Department services and supplies budget et resulted in reductions in the resource management budget due to project deferrals. Expenditures in the upcoming fiscal year will focus on the highest priority programs of grazing infrastructure h monitoring, and control of Slender False Brome on reserves development, Sudden Oak Death I„ p and nearby properties. Some resource management programs will be maintained at the current level including biological surveys of new properties and invasive plant control. Other resource management programs, including the Alpine Pond long-term management design and the weed g P g g P g g g database will be deferred until next fiscal year. Additional budget cuts were made in the Roads and Trails account and by eliminating the purchase of a dump truck. for The implementation of the first full year of the contract with the Santa Clara County Sheriff additional armed patrols will cost an additional $28,000, if approved by the Board. The Radio dispatching contract will increase $14,000, and update of the District's patrol map books will cost an estimated $11,000. Fixed Assets The proposed fixed asset budget is $769,585. The majority of this increase is the inclusion of $350,000 for the radio system upgrade capital improvement project. Only $100,000 was budgeted for this project in the FY2008-09 midyear budget. As noted above, the grazing program infrastructure will be a focus of the resource management program for this year. These v ments will increase the resource management fixed assets b y $11 1,000. improvements Y p g i Included in Operation's fixed asset budget is the purchase of four patrol vehicles and one piece of large field equipment at a total cost of$410,000. R-09-122 Page 14 PUBLIC AFFAIRS 09-10 Percent 09-10 Proposed Change from 08-09 Midyear Adopted Midyear 08-09 Budget Budget Budget Midyear Salaries & Benefits $715,598 $774,611 $792,186 10.7% Services & Supplies $405,605 $363,750 $367,650 -9.4 TOTAL $1,121,203 $1,138,361 $1,159,836 3.4% The proposed FY2009-10 budget for the Public Affairs Department is $1,159,836, which is an increase of approximately 3.4% from the FY2008-09 midyear budget. This budget includes expenditures for salaries and benefits and services and supplies. This budget includes $47,975 for Public Affairs Department key projects as described in the adopted FY2009-1 0 Public Affairs Department action plan. Salaries and Bene fits The proposed midyear salaries and benefits budget for the Public Affairs Department is $792,186. This is an increase of approximately 10.7% from the FY2008-09 midyear budget. The Public Affairs Department will be fully staffed for FY2009-1 0. Services and Supplies The Public Affairs Department's proposed midyear budget for services and supplies is $367,650. This is a decrease of 9.4% from the FY2008-09 midyear budget. To achieve this reduction Public Affairs has reduced various line items across the board. New budget items for the coming fiscal year include $10,000 for a consultant to work on drafting a District-wide interpretive plan and $5,000 for developing materials in connection with creating a draft a Healthy Trails program. Other Service and Supplies operating funds are budgeted for ongoing volunteer, docent, and interpretive programs; publications, postage and contract services. FISCAL IMPACT Adoption of the proposed FY2009-1 0 midyear budget by the Board will authorize $43),694,359 to accomplish the District's revised action plan for the remainder of the current fiscal year as outlined in Table 1. PUBLIC NOTICE None required. R-09-122 Page 15 CEQA COMPLIANCE None required. NEXT STEPS 1. Implement midyear adjustments to the FY2009-10 Adopted Action Plan 2. Implement midyear adjustments to the FY2009-10 Adopted Budget Attachments: 1. Resolution Exhibit A —Controller's Midyear Financial Review Exhibit B —FY2009-10 Budget with Midyear Adjustments Exhibit C —Changes proposed to Adopted FY2009-1 0 Action Plan Key Projects Exhibit D - Additions Proposed to Adopted FY2009-10 Action Plan Key Projects Exhibit E - District Guidelines Board Report Prepared by: Arleen Speidel, Principal Management Analyst Stephen E. Abbors, General Manager Mike Foster, Controller Bunny Congdon, Acting Administration and Human Resources Manager Ana Ruiz, Planning Manager David Sanguinetti, Operations Manager Rudy Jurgensen, Public Affairs Manager Michael Williams, Real Property Manager Gordon Baillie, Management Analyst, Operations Elaina Cuzick, Real Property Specialist Contact person: Stephen E. Abbors, General Manager Curt Riffle, Director, and Chair, Administrative Budget Committee Arleen Speidel, Principal Management Analyst RESOLUTION NO. 09-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN E SPACE DISTRICT AD OPTING AMENDMENTS TO THE BUDGET FOR THE FISCAL YEAR 2009-2010 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS, District staff conducted a review of the district's action plan and expenditures at midyear; and WHEREAS, based on current spending, progress to date on major projects, changes and additions to major projects, unanticipated changes in planned activities and previous Board approved changes; it is desirable to amend the existing action plan and budget; and WHEREAS, the Administration and Budget Committee recommends adoption of the amended action plan and budget. NOW, THEREFORE, be it resolved as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the attached amended action plan and budget (Exhibits B, D, E and F) for 2009-2010, which amends Resolution No. 09-10 accordingly. Section Two. The budget for the Midpeninsula Regional Open Space District for fiscal year 2009-2010 is amended as set forth in Exhibit B, a copy of which is attached hereto and made a part hereof by reference. The action plan for Midpeninsula Regional Open Space District for fiscal year 2009-10 is amended as set forth in Exhibits C and D, copies of which are attached hereto and made a part hereof by reference. Section Three. Monies are hereby appropriated in accordance with the budget. i j i I j i j Exhibits A through E had been distributed on Tuesday November 10, 2009 I EXHIBIT A CONTROLLER'S FY2009-10 MIDYEAR FINANCIAL REVIEW i i Regional OpenSpaee Midpeninsula Regional Open Space District MEMORANDUM OCTOBER 22,2009 To: Board of Directors FROM: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the five months ended August 31, 2009. Exhibit A contains the District's August 31 balance sheet compared to our audited position on j March 31. Our cash balance is down by$8.1 million as the District purchased $8.4 million of new land and paid $5.3 million of debt service during this period. The land acquisitions are listed in Exhibit E. No new debt was issued during the period and the principal amount of outstanding debt was reduced by $2.9 million. Exhibit B shows our five-month revenues compared to the same period a year ago and to the twelve month budget. Tax revenue is up about 5.0% from the prior year, due to higher property tax revenue in June, the last month of the prior state tax year. The tax revenue estimate in the budget, made in early February, was too pessimistic for both the April-June period and the new tax year beginning in July. Based on final estimates from the county assessors,tax revenue for the District's full fiscal year will likely exceed budget by some $950,000 (4%). This assumes I that the District participates in the Proposition 1 A Securitization Program, thus eliminating the impact of the state borrowing 8% of our tax revenue. All other revenue sources appear to be on track with the budget except gifts of land and land acquisition grants. No land gifts were budgeted but we have recorded a$250,000 gift as part of the POST/Roberts transaction. The $1.75 million annual budget for acquisition ants assumed 500 000 from the$ state Coastal g q �' , Conservancy, which no longer looks probable for this year due to the state financial debacle. Interest income is down some 65% from last year due to lower cash balances and lower interest rates. The yield on both county and state investment pools is down about two percentage points. Grant income was unusually high last year due to completion of the Mindego Ranch transaction. Exhibits C and D review five-month operational and development spending against the twelve month o budget(C) and compared to the same period last year(D). The Distract spent 32/o of its twelve-month administrative, operations, and development budget during the first five months, compared to 28% at the same point last year. If all costs were on budget and linear over the year, 330 Distel Circle Los Altos,CA 94022 6so 691.1200 ( 650 691 048, www openspace org Mid-Year Financial Revi,,_ October 23, 2009 Page 2 42% of the annual budget would have been spent by the end of five months. By department, the five month spending versus the twelve month budget was Administration 39%, Public Affairs 36%, Operations 35%, Real Property 30%, and Planning 20%. By type of expense, Salaries and Benefits ran at 41% of annual budget, Services & Supplies 32% and Fixed Assets 7%. Salary and benefit expense represented 74% of total District operational expenses, compared to 73% at the same point last year. As shown in Exhibit D, administration, operations and development spending is up 13% from last year's five month spending level. Salaries and Benefits increased by 14%and Services & Supplies expenses grew by 3%. Non-land fixed asset spending increased by 66% and outside land acquisition support costs were up by 6%. Total benefits represented 40% of total salaries— the same percentage as in the prior year period. Total District headcount increased from 101 in August 2008 to 113 in August 2009. If operational spending runs closer to the original budget in the final seven months of fiscal 2010, then total operating expenses, excluding major projects and property management, would be about 47% of tax revenue, down from 48% in fiscal 2009, and well below the original budget of 51%. The outlook for District property tax revenue growth in fiscal 2011 is poor. The index used to compute California consumer price inflation shows a 0.5% decrease between October 2008 and August 2009. If the measurement at the end of October remains negative, then county assessors must reduce all property valuations by that percentage. Even if the CPI index gets back to zero, the standard 2% annual increase in valuations will not be recorded next year. Therefore, the current District financial model assumes 0%tax revenue growth in fiscal 2011. As shown in the latest Monthly Investment and Security Transaction Report, the District held $19.2 million in its county and state investment fund accounts as of September 30, 2009. This should be adequate to cover all anticipated land purchases over the next 6-12 months. However, given the strong current investor demand for municipal bonds, at historically low interest rates and the high probability of future interest rate increases, it remains advisable to continue to plan for a$15-20 million Financing Authority bond issue in mid-2010. Overall, the financial results of the first five months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Michael Foster, Controller Contact person: Same as above EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 31 and August 31,2009 (Thousands) August 31,2009 March 31,2009 (Unaudited) (Audited) Cash and Investments $22 208,640 4 $30,321,713.0 Receivables 3,296,800.8 10,750,948.8 Land,at cost 327,893,173.1 319,200,970.7 Equipment 3,493,712.9 3,408,755.7 Structures and Improvements 16,352,449.7 16,204,433.0 TOTAL ASSETS $373,244,776.9 $379,886,821.1 Accounts Payable $212,494.0 $907,591.8 Accrued Liabilities $244,538.2 $429,366.7 Land Contract Debt $1,662,217A $1,669,472.0 Public Notes Payable $123,902,855.1 $126,787,855A TOTAL LIABILITIES _ M $126,022,104.4 Ww $129,794,285.5 TOTAL EQUITY $247,222,672.5 N$250,092,535 6 i EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Five Month Revenue Versus Prior Year(Unaudited) (Thousands) 5 Months Ended August 31 2010 2009 Property Taxes $3,688,600.0 —�$3,513,000.0 Tax Subventions 249,000.0 292,500.0 Interest Income 270,000.0 770,000.0 Grant Income 113,037.0 9,014,000.0 Property Management 297,429.0 308,213.0 Gifts of Land 250,000.0 100,000.0 Other 93,685.0 152,652.0 TOTAL RECEIPTS $4,961,751.0 $14,150,365.0 Five Month Revenue Versus Twelve Month Budget 2010 2010 Twelve Month Five Month % Budget Receipts Received ----_____—_—_ Property Taxes $26,085,000.0 $3,688,600.0 __w-- — 14 Tax Subventions 575,000.0 249,000.0 43 Interest Income 510,000.0 270,000.0 53 Grant Income 1,863,000.0 113,037.0 6 Property Ma nagement 896,000.0 297,429.0 33 Gifts of Land 0.0 250,000.0 0 Other 235,000.0 93,685.0 40 TOTALS $30,164,000.0 $4,961,751.0 16 EXHIBIT C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Five Month Operating v.Twelve Month Budget April-August,2009 (Thousands) Twelve Month Five Month Budget Spending Spent ------------------- ---- ------------------—------- Salaries $7,285,441.0 $2,925,482.4 --40 Benefits 2,713,165.0 1,171,932.3 43 ----------------- ---— --- —--- _ ——_ Subtotal $9,998,606.0 $4,097,414.7 41 Other Contract Services/Outside Services 1,140,322.0 245,005.4 21 Private&District Vehicle Expense 341,595.0 118,971.4 35 Outside Maintenance Service 616,569.0 157,328.4 26 Acquisition Expense(Inc.Legal) 508,200.0 69,091.3 14 Structures&Improvements/Parking Area 1,755,160.0 148,016.8 8 Printing&Duplicating 37,400.0 7,200.2 19 Rents,Leases&Management Agreements 164,100.0 44,835.1 27 Training&Conferences/Personnel Development 143,942.0 33,086.9 23 Equipment&Vehicles 1,378,400.0 84,957.2 6 Insurance 228,415.0 229,978.0 101 Utilities 157,405.0 52,750.2 34 Postage&Office Supplies 87,225.0 24,795.9 28 Communications(Publications&Projects) 116,000.0 19,613.8 17 Library&Subscriptions 12,620.0 2,816.5 22 Computer Expense 43,987.0 19,996.6 45 Field Supplies/Taxes,Permits&Licenses 227,195.0 99,520.9 44 Maintenance&Repair-Equipment 32,450.0 8,704.5 27 Volunteer Programs 13,850.0 6,290.6 45 Other Non-Land 118,861.0 68,761.3 58 TOTAL(NON-LAND) $17,122,302.0 $5,539,135.6 32 Debt Service 7,818,920.0 5,343,486.2 68 Land Acquired 20,000,000.0 8,625,000.0 43 ------------------------ __-- TOTAL $44,941,222.0 $19,507,621.7 ---- ----_ 43 EXHIBIT D (Thousands) Five Months Operating v. Five Month Last Year Five Months Ended August 30 2010 2009 %Increase Salaries �--W�$2,925,482.4 —— a$2,576,643.1 14 Benefits 1,171,932.3 1,023,580.5 14 Other Contract Services/Outside Services 245,005.4 249,200.1 -2 Private&District Vehicle Expense 118,971.4 143,224.6 -17 Outside Maintenance Service 157,328.4 103,026.7 53 Acquisition Expense(Inc.Legal) 69,091.3 106,549.9 -35 Structures&Improvements/Parking Area 148,016.8 126,928.7 17 Printing&Duplicating 7,200.2 6,553.5 10 Rents,Leases&Management Agreements 44,835A 36,446.6 23 Training&Conference/Personnel Development 33,086.9 35,283.5 -6 Equipment&Vehicles 84,957.2 13,641.7 523 Insurance 229,978.0 221,105.5 4 Utilities 52,750.2 54,399.2 -3 Postage&Office Supplies 24,795.9 24,763.5 0 Comm unications(Publications&Projects) 19,613.8 52,949.6 -63 Library&Subscriptions 2,816.5 2,727.7 3 Computer Expense 19,996.6 27,150.5 -26 Field Supplies/Taxes,Permits&Licenses 99,520.9 70,051.3 42 Maintenance&Repair-Equipment 8,704.5 10,515.9 -17 Volunteer Programs 6,290.6 14,346.6 -56 Other Non-Land 68,761.3 13,071.9 426 TOTAL(NON-LAND) $5,539,135.6 $4,912,160.5 13 Debt Service 5,343,486.2 5,029,239.4 6 Land Acquired 8,625,000.0 27,288,000.0 -68 TOTAL ----------___--- $19,507,621.7 $37,229,399.9 -48 EXHIBIT E Land Acquired April 1 to August 31, 2009 I SELLER PRESERVE Cash Gift POST/Roberts Mills Creek Open Space Pres 400,000.00 250,000.0 Post/Moore Sierra Azul Open Space Pres 250,000.00 0.0 Post/Bluebrush Purisima Creek Redwoods 3,225,000.00 0,0 UC Elkus Purisima Creek Redwoods 4,500,000.00 0.0 Total $8,375,000.00 250,000.0 Total Land 8,625,000.00 I EXHIBIT B FY2009-10 BUDGET WITH MIDYEAR ADJUSTMENTS I i Midpeninsula Regional Open Space District Exhibit B 2009-2010 Mid Year Budget Summary Adopted Percentage Mid Year Budget Change Budget I. Revenues A. 'Fax Revenues 26,660,000 3.56% 27,610,000 B. Grant Income 1,863,000 -26.84% 1,363,000 C. Interest Income 510,000 -11,76% 450,000 D. Property Management-Rental Income 896,000 0.00% 896,000 E. Other Income 235,000 106.38% 485,000 TOTAL REVENUES 30,164,000 2.12% 30,804,000 11. Change in Reserves (14,777,222) -8.76% (13,482,359) III. Expenditures A. Debt Service 1. Interest 4,919,182 0.00% 4,919,182 2. Principal 2,899,738 0.00% 2,899,738 Debt Service Subtotal 7,818,920 0.00% 7,818,920 B. Salaries 1. Board Appointees 348,267 2.79% 357,970 3. General Manager Appointees 6,912,174 2.15% 7,061,072 Salaries Subtotal 7,260,441 2.18% 7,419,042 C. Benefits 2,713,165 0.44% 2,725,110 D. Director's Fees 25,000 0.00% 25,000 Salaries and Benefits Subtotal 9,998,606 1.71% 10,169,152 11/10/2009 Page 1 of 2 Midpeninsula Regional Open Space District Exhibit B 2009-2010 Mid Year Budget Summary Adopted Percentage Mid Year Budget Change Budget E. Services and Supplies 1. Legal Services 153,000 0.00% 153,000 2. Regular Outside Services 255,171 -1.63% 251,005 3. Contract Services 884,651 -13.61% 764,234 4. Election Expense 0 0 5. Library and Subscriptions 12,620 0.00% 12,620 6. Management Agreements 50,000 0.00% 50,000 7. Rents and Leases 114,100 -10.04% 102,650 8. Utilities 157,405 1.37% 159,555 9. Postage 37,490 -16.00% 31,490 10.Printing and Duplicating 37,400 -17.65% 30,800 11.Insurance 228,415 0.75% 230,139 12.Advertising 8,500 -1 1.76% 7,500 13.Maps and Aerials 13,130 -16.76% 10,930 14.Private Vehicle 14,060 -5.69% 13,260 15.District Vehicle 327,035 2.75% 336,035 16.Business Meeting 20,460 -6.45% 19,140 17.Personnel Development 143,942 -7.41% 133,272 18.Maintenance/Repair of Equipment 32,450 0.62% 32,650 19.Computer Expenses 43,987 0.03% 44,000 20.Office Supplies/Small Equipment 49,735 14.50% 56,945 21.Field Supplies/Small Equipment 177,950 -1.12% 175,950 22.Outside Maintenance Services 617,569 5.76% 653,146 23.Permits, Fee, Property Taxes 49,245 4.37% 51,395 24.Miscellaneous 53,196 9.68% 58,346 25.Communications-Publications 98,000 4.39% 102,300 26.Communications-Special Projects 18,000 0.00% 18,000 27.Volunteer Program 13,850 61.37% 22,350 Services and Supplies Subtotal 3,611,361 -2.51% 3,520,712 F. Fixed Assets l. New& Prior Land Purchases 20,000,000 0.50% 20,100,000 2. Real Property Support Costs- Appraisals,Title, Legal, Engineering 355,200 -28.15% 255,200 3. Guadalupe Land Company 23,575 0.00% 23,575 4. Structures and Improvements 1,755,160 -39.38% 1,063,900 5. Field/Office Equipment 1,208,400 -52.59% 572,900 6. Vehicles 170,000 0.00% 170,000 Fixed Assets Subtotal 23,512,335 -5.64% 22,185,575 TOTAL EXPENDITURES 44,941,222 -2.77% 43,694,359 11/10/2009 Page 2 of 2 EXHIBIT CHANGES PROPOSED TO ADOPTED FY2009-10 ACTION PLAN KEY PROJECTS CHANGES PROPOSED TO ADOPTED FY2009-10 ACTION PLAN KEY PROJECTS (Changes are shown by Department per index below. A department will be included in this document only if it has proposed changes to key projects. If no changes are being proposed,that department will not be included in the table) Page PLANNINGDEPARTMENT..............................................................................................1 REAL PROPERTY DEPARTMENT.................................................................................... 2 LEGAL SERVICES —ADMINISTRATION DEPARTMENT.................................................3 PUBLIC AFFAIRS DEPARTMENT.....................................................................................3 OPERATIONSDEPARTMENT..........................................................................................4 CHANGES PROPOSED TO FY2009-10 ACTION PLAN KEY PROJECTS PLANNING DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) Scope Schedule Budget Sierra Azul/Bear To allow staff to focus on Mt. Umunhum cleanup and Defer remainder of scope to the start of FY Defer next set of Reduce budget Creek Redwoods conceptual site plan,Guadalupe Creek corridor mercury 2010/11 milestone to start of FY from$118,500 to Master Plan contamination investigations per Regional Board action 2010/11 $60,000 Development letter, Moody Gulch property transfer,stables lease and Replace with following New Key Projects: (Priority 1) site management plan,and completion of the Roads and 1. Mt. Umunhum remediation &site plan Completion date: Trails Inventory. These projects will inform and/or be 2. Guadalupe Creek Mercury Investigations 3rd Quarter FY2010/11 folded into the Master Plan recommendations. 3. Bear Creek Stables Lease&Site Management Plan 4. Moody Gulch Property Transfer Resource Pressing need to clarify District's role and intent in Precede completion of the Resource Completion date: Budget unchanged Management agriculture. Extend project scope and schedule to first Management Policies with completion of 3rd Quarter FY2010/11 Policies prepare an Agricultural Policy Implementation Guide. an Agricultural Policy Implementation (Priority 1) Through this work,staff may identify need for Guide amendments to the Agricultural Policy,which staff would draft for Board review and consideration. Replace with New Key Project:Agricultural Policy Implementation Guide Pond Management Monitoring of ponds at Driscoll Ranch identified urgent Create New Key Project:Driscoll Ranch Completion date for Pond Reduce budget Plans pond maintenance needs to prevent loss of pond. Pond DR06 Repair DR06: 3rd Quarter from$30,000 to (Priority 2) Negotiations with US Fish and Wildlife Service for Santa FY2010/2011 $22,500 Clara Valley Water District projects at Monte Bello OSP Eliminate preparation of Monte Bello Pond resulted in a determination that the project would be Management Plan. unsuitable as mitigation. Schilling Lake Pending Use and Management Committee direction, Site visit,analysis of tree impact on earthen Completion date: Increase budget Management Plan additional funds for(1)arborist or Registered dam integrity,recommendations for tree 4th Quarter FY2009/2010 from$15,000 to (Priority 1) Professional Forester to provide management management,and cost estimate for $25,000 recommendations for 17 large trees on Schilling Lake removing trees,if any. dam to protect structure,(2)to purchase and install additional water measuring tools. Previous consultants provided conflicting direction. Thornewood Public Delay due to unexpected freeze in State bond-funded Defer majority of scope to start of FY Completion date for Reduce budget Access grants(project originally funded through Prop 50,funds 2010/11 with exception of engineering construction:3rd Quarter from$88,500 to Improvements were recently shifted to Federal ARRA).This delay opens design and purchasing materials for creek FY 2010/11 $20,000 (Priority 1) up project manager's time to lead a new Key Project. restoration approach(seasonal bridge and concrete equestrian steps)in preparation Completion date for for on-the-ground work monitoring and grant Replace with New Key Project: Lower paperwork: Purisima Creek Parking Area Analysis 3rd Quarter FY 2011/12 CHANGES PROPOSED TO FY2009-10 ACTION PLAN KEY PROJECTS PLANNING DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) 1 Scope Schedule Budget Skyline Field Office Delay to accommodate scope change per Ad Hoc Expand scope to explore additional Completion date: Reduce budget Remodel Committee request to identify long-term staff facility improvement options for Skyline Field 3rd Quarter FY 2011/12 from$445,000 to (Priority 1) needs and compare remodel option versus new green Office and identify long-term District-wide $75,000 building for the Skyline Field Office. staff facility needs Replace with New Key Project:District- Wide Staff Facilities Planning Study REAL PROPERTY DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) Scope Schedule Budget Property Delayed to free staff resources to work on the Bear Creek NA FY 2010-11 Decreases the Management Stables Lease. Computer Software Software budget by$3,000. Bi-Annual Delayed to free staff resources to work on the Bear Creek NA FY 2010-11 No change Contractor Bid Stables Lease. Process Design Review of Delayed as property owner building permit is currently NA Inactive No change Proposed Site inactive with San Mateo County Improvements on Stringer Private In- holding at Russian Ridge OSP CHANGES PROPOSED TO FY2009-10 ACTION PLAN KEY PROJECTS LEGAL SERVICES-ADMINISTRATION DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) Scope Schedule Budget Skyline Field Office Delay to accommodate scope change pursuant to Ad Hoc Advise Planning Department as needed to Completion date: Remodel Committee direction to identify long-term staff facility explore improvement options for Skyline 3rd Quarter FY 2011/12 (Priority 1) needs and to compare remodel options including a new Field Office and identify long-term District- green building for the Skyline Field Office. wide staff facility needs; Replace with New Key Project: District- Wide Staff Facilities Planning Study PUBLIC AFFAIRS DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) Scope Schedule Budget Sierra Azul/Bear To allow Planning Staff to focus on higher priority Public information and Outreach projects Q4 March 2010 for Admin Creek Redwoods projects,such as Mt. Umunhum cleanup and conceptual to be executed in conjunction with Draft Plan/EIR Master Plan site plan,Guadalupe Creek corridor mercury Planning Department's schedule for Master Development contamination investigations per Regional Board action Plan projects and meetings FY2010-11 for release of letter,etc. Draft Plan and DEIR Gi CHANGES PROPOSED TO FY2009-10 ACTION PLAN KEY PROJECTS OPERATIONS DEPARTMENT Key Project Proposed Revisions (approved in March Reason to Delay/Modify Key Project 2009) Scope Schedule Budget Citations and Additional time and$5,500 budget increase is required to Project scope remains the same: Q2-Complete data Increase budget by Warnings Database ensure that adequate field testing of system and changes 1.Complete alpha and beta testing of new entry/testing with field $5,550 Upgrade based on that testing,can be completed. The additional database system with field Administrative Administrative Assistants time and budget increases are necessary to cover the Assistants Q3—Complete new costs of additional design work and testing phases that 2. Transition existing data to new system report formats and were identified as a result of testing completed with the 3. Create new reports based on existing provide reports in parallel Administrative Assistants at the field offices. reports in current database and with current system to monthly/annual reports check accuracy 4. Document database system Q3—Complete linking of 5. Conduct periodic testing of system to offices for data transfer ensure accuracy Q4—Provide field testing 6. Conduct meeting with users to ensure opportunities needs are met Q4—Transfer records from old system to new system and provide training to field staff Q4—Complete documentation on new system Anticipated completion date: Q4 Sudden Oak Death Additional funds are needed to protect specimen trees Project scope is increased to include the This project has a ten- Transfers have It Monitoring and from Sudden Oak Death. The Skyline Ridge tree farm additional research and remainder of the year work plan and made between Research restoration project was completed under budgeted and scope remains the same: budget.The District is projects within the funds will be moved to cover additional SOD costs. 1. Detect,report and monitor newly committed to several same accounts. infested areas multiple-year research 2. Fund and assist research on Agri-Fos projects. treatment. Anticipated completion date:2016 Thornewood Trail Project is deferred due to a lack of grant funding Project scope remains the same. Project deferred to Fiscal Construction Year 2010-2011 CHANGES PROPOSED TO FY2009-10 ACTION PLAN KEY PROJECTS OPERATIONS DEPARTMENT Monte Bello White Project is delayed since it was determined that a CEQA Project scope remains the same. Project deferred to Fiscal Oak Trail review must be completed,and additional regulatory Year 2010-2011 permits must be obtained. Mindego Fencing Fencing is not necessary for several years because grazing Project scope remains the same. Project deferred to Fiscal Transfer$20,000 to should not occur until weeds are better controlled. Funds Year 2011-12. Contract Services. will be moved to cover new projects(Alpine Pond). I � i EXHIBIT D ADDITIONS PROPOSED TO ADOPTED FY2009-10 ACTION PLAN KEY PROJECTS ADDITIONS PROPOSED TO ADOPTED FY2009-10 ACTION PLAN KEY PROJECTS (Additions are shown by Department per index below. A department will be included in this document only if it has proposed new key projects. If no new key projects are being proposed,that department will not be included in the table) Page SUMMARY TABLE: PLANNING DEPARTMENT....................................................................................................................... 1 REAL PROPERTY DEPARTMENT.............................................................................................................. 3 ADMINISTRATION DEPARTMENT.......................................................................................................... 5 LEGAL SERVICES—ADMINISTRATION DEPARTMENT.......................................................................... 6 OPERATIONS DEPARTMENT.................................................................................................................. 8 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN PLANNING DEPARTMENT Project Description New Key Project Reason to Add New Key Project Scope Schedule Budget Lower Purisima To address roadside parking concerns • Prepare a site plan of area Jan Complete site plan Staff Time Creek Redwoods (vehicle clearance)along Purisima surrounding existing restroom, Parking Creek Road raised by neighbors. staging area,and access road. Mar Identify number of parking spaces; Purchase of new Improvements • Determine maximum potential prepare cost benefit analysis; signs to come out (Priority 3) number of vehicular parking determine neighbor's willingness of Operations spaces and conduct cost benefit to move roadside fence;identify budget analysis for expanded parking. location of additional "No Parking" • Improve roadside signage and signs determine feasibility of moving existing roadside fencing to Completion date: Q3 FY 2012-13 expand vehicular clearance on construction complete(assumes Purisima Creek Road. expanded parking area) Cooley Landing City of East Palo Alto's renewed Engage in continued discussions Nov Hiring of design firm by City of East $25,000 Public Access momentum on Cooley Landing Project with City of East Palo Alto to Palo;District staff to provide Improvements warrants coordination and review proposed uses and refine recommendation based on review Project participation by the District as project the conceptual public access site of proposals and interview rating (Priority 1) partner to refine the conceptual site plan for the Cooley Landing Mar District review of and comments to plan for the Cooley Landing Peninsula. peninsula. consultant findings • Provide technical assistance as needed to review documents Schedule partially dependent on City of and findings. East Palo Alto. Completion date: TBD District-Wide Staff Requested by Facilities Ad Hoc Confirm assumptions re:field Jan Prepare Final Draft of Staff Staff Time Facilities Planning Committee to develop a long-term staff deployment to new satellite Facilities Planning Study for Ad Hoc Study planning study for new staff facilities offices Review and Comment (Priority 1) that prioritizes each major Confirm timeline and sequencing Mar Present Revised Staff Facilities improvement and includes a tentative of events to bring new southern Planning Study for full Board timeline, phasing,and expected costs and coastal field offices online review and comment to understand long term priorities and and complete additional costs. improvements to Admin Office Completion date: Q4 FY 2009-10 • Refine cost figures for new staff facility improvements • Prioritize and prepare schedule for work policy changes. 1 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN PLANNING DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Agricultural Policy To develop a strategy for purchasing Integrate agricultural policy Nov 2009 Initiate development of Staff Time Implementation and managing agricultural lands statements from Coastal Service Agricultural Policy Implementation Guide Guide throughout the District,consistent Plan,Resource Management (Priority 2) with existing policies contained in the Policy,and additional District Mar 2010 Present Draft Implementation Coastside Protection Area Service Plan documents into comprehensive Guide to Board for review and and other District policies. This Agricultural Policy consideration;identify gaps/need for strategy will provide added direction Implementation Guide amendments and guidance for staff and address Conduct outreach with San frequent questions posed by the Mateo County Farm Bureau and Completion date:4t"Quarter FY2009/10 public and Agricultural community. Agricultural Advisory Committee to review Agricultural Policy Implementation Guide • Present Draft Implementation Guide to Board for review and consideration;identify gaps/need for amendments Guadalupe River To comply with Water Code Section Conduct erosion studies within Q3 November 2009 Initiate contract with $20,000 Watershed 13267 Technical Report Requirement Guadalupe Creek watershed to Certified Engineering Geologist to Mercury Total issued by California Regional Water identify potential mercury complete necessary field work and Maximum Daily Quality Control Board,San Francisco mining related erosional sites assessments Load(TMDL)Site Bay Region Prepare report detailing results Q3 December 2009 Submit process report Investigations of erosion investigations and to Water Board (Priority 1) submit to Water Board Q3 December 2010 Submit Final Report to Water Board Driscoll Ranch Pond To repair and enhance a failing pond Secure County and Resource Q4 March 2009 Secure permits and $35,000 DR06 Repair that serves as a California red-legged agency permits complete bidding process to prepare for (Priority 1) frog habitat and as a cattle watering Complete bid package and bid summer construction source. process • Award construction contracts 2 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN REAL PROPERTY DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Bear Creek Stables To develop a long term lease for the • Perform analysis of similar sized FY 2009-10 Q4 $8,500.00 Site Assessment Bear Creek Stables facility,a site equestrian facilities at nearby (Priority 1) assessment needs to be performed. park districts • Perform site analysis • Prepare Draft Site Plan • Present data,analysis,and preferred alternatives to Board Committee Cooley Landing City of East Palo Alto's renewed • Work with the Planning Refer to Planning Department Action Plan Budgeted in Public Access momentum on Cooley Landing Project Department to refine options Planning Improvements warrants coordination and regarding City of East Palo Alto Department Project, participation by the District as project use of District land on the Cooley Ravenswood Open partner to refine the conceptual site Landing Peninsula. Space Preserve plan for the Cooley Landing Peninsula. - Act as Property Negotiator in (Priority 3) continued discussions with City of East Palo Alto. • Work with Legal Department as needed to prepare documents needed to effectuate any real estate transactions resulting from the project. District-Wide Staff Requested by Facilities Ad Hoc • Provide location and cost Refer to Planning Department Action Plan Staff Time Facilities Planning Committee to develop a long-term information regarding potential Study planning study for new staff facilities new land purchases which (Priority 3) that prioritizes each major provide for future staff facilities. improvement and includes a tentative - Provide location and cost timeline,phasing,and expected costs information on potential non- to understand long term priorities and District structures or facilities costs. that could serve as interim staff facilities. 3 W ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN REAL PROPERTY DEPARTMENT Project Description New Key Project Reason to Add New Key Project Scope Schedule Budget The Hawthorne's The Board approved acceptance of a Work with Trustees on property FY 2009-10 Q4 or FY 2010-11 Q1 Staff Time Property Transfer gift of the Hawthorne's Property on transfer,site clean up and (Priority 1) April 26, 2006. The gift transfer vacancy of structures. involved two parcels at two different • Identify site security. times. The undeveloped parcel • Work with Operations and transfer first,and the developed parcel Planning to initiate site would be transferred after the death assessments, resource of the beneficiary of the Trust. The inventories,identify operation beneficiary's interest in the improved and management costs, parcel was disclaimed earlier this year. responsibilities. Therefore,the entire property will be Identify and meet with transferred to the District community interest groups and potential partners District Strategic As a District wide Project,Real Assist project team with long range Refer to Administration Department Staff Time Plan(Priority 1) Property staff time is required for this planning and strategic analysis. Action Plan key project. Saratoga to Skyline The City of Saratoga and County of • Work with City and County on FY 2010-11 Staff Time Sanborn land Santa Clara Parks Department have three party purchase of surplus Purchase Project contacted District to partner on County land (Priority 2) purchase of surplus County Roads • Assist with drafting of Property to help provide a future trail transactional documents and connection from Saratoga to Skyline conservation easement to be Sanborn County Park held jointly with County 330 Distel Circle Transition responsibility for on-going • Meet with Administration and FY2009-10 Q4 Budget currently Building maintenance and repair of 330 Distel Planning to clarify roles and resides in Maintenance Circle from other Departments to Real processes Administration (Priority 2) Property • Understand current until 2010-11 maintenance items outstanding • Understand new maintenance items from remodel. • Present to all staff process for submitting maintenance requests 4 ,F ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN ADMINISTRATION DEPARTMENT Project Description New Key Project Reason to Add New Key Project Scope Schedule Budget Commuter Check Project to enable employees to Under IRS code 132f,employees can All set-up will be completed in Q4. Estimated Program purchase transit and parking passes on put aside$230 for transit costs and administrative cost a pre-tax basis. Secondary purpose:to $230 for parking costs per month on a for 10 employees= help increase employee retention and pre-tax basis. Our payroll $315 a year. attraction,encourage use of public administrators and Commuter Check Preliminary survey transportation and improve our Program administrators set-up payroll indicated 10 carbon footprint(consistent with the deductions and create an online profile employees will District's Mission). for each participating employee. participate at first, Employees elect their monthly possibly more withholding amount. HR Technician later. places the orders online and coordinates with payroll for bi-weekly deduction from employees' paychecks. Delivery is either as voucher or protected MasterCard. 5 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN LEGAL SERVICES - ADMINISTRATION DEPARTMENT Project Description Key Project Reason to Add New Key Project Scope Schedule Budget Hawthorne's New land addition On April 26, 2006,the Board approved Date of property transfer Staff Time Property Transfer, acceptance of a gift of the Hawthorne's contingent upon site Windy Hill Open Property. The gift structure anticipated clean up,tenant vacancy Space Preserve two parcels to be conveyed at two and a timetable (Priority 1) different times.The beneficiary's interest acceptable to trustees. in the second parcel was disclaimed Estimated in FY 2009-10 earlier this year.Therefore,the entire Q4 property will be transferred to the District and in a shorter time frame than anticipated. • Work with Real Property on the form and timing of property transfer,site clean up,vacancy of structures,and establishing site security by on-site resident/caretaker. • Work with estate trustees on transfer of monetary endowment for operation and maintenance of the property. • Work with Operations and Planning as needed regarding renovation of the historic residence on site. Cooley landing City of East Palo Alto has obtained a • Support Planning Department in Schedule dependent on Staff Time Public Access Packard Foundation grant and has discussions with City of East Palo Alto to City of East Palo Alto. Improvements hired a new project manager to review proposed uses and development Estimate advising Project(Priority 1) reinitiate the planning process for the of the conceptual public access site plan Planning Department on Cooley Landing Peninsula,located for the Cooley Landing peninsula. collaborative consultant adjacent to Ravenswood OSP. • Provide legal assistance as needed to selection in March and Significant staff time is expected to review and prepare documents. review of consultant review revised conceptual site plans, findings in November meet with City staff and community leaders and develop recommendations that complement District's use and Completion date: TBD management of the adjacent Preserve and are consistent with the District's legal obligations to protect clapper rail habitat on Ravenswood OSP. 6 6� ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN LEGAL SERVICES - ADMINISTRATION DEPARTMENT Project Description Key Project Reason to Add New Key Project Scope Schedule Budget Agricultural Policy To develop a strategy for purchasing Advise Planning Department in Nov 2009 Initiate Staff Time Implementation and managing agricultural lands integrating agricultural policies from development of Guide(Priority 2) throughout the District,consistent Coastal Service Plan, Resource Agricultural Policy with existing policies contained in the Management Policy,and additional Implementation Guide Coastside Protection Area Service Plan District documents into comprehensive and other District policies. This Agricultural Policy Implementation Mar 2010 Present Draft strategy will provide added direction Guide Implementation Guide to and guidance for staff and address Present Draft Implementation Guide to Board for review and frequent questions posed by the public Board for review and consideration; consideration;assist if and Agricultural community. assist if revisions needed revisions needed Completion date:4th Quarter FY2009/10 Driscoll Ranch Pond To repair and enhance a failing pond Assist Planning in obtaining County and Q4 March 2009 Secure Staff Time Repair Project 06 that serves as a California red-legged Resource agency permits,preparing bid permits and complete (Priority 1) frog habitat and as a cattle watering package,conducting bid process,and bidding process to source. award of construction contract prepare for summer construction ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT ' Reason to Add New Key Project Project Description New Key Project Scope Schedule Budget 20 Year Facilities, Requested by Facilities Ad Hoc • Develop a staffing plan and facilities Project timeline will be agreed upon $0.00. Staffing and Capital Committee to develop a long-term deployment plan with Real Property and Planning Equipment Plan planning study for new staff facilities • Confirm timeline and sequencing of departments. (Priority 1) that prioritizes each major events to bring new southern and improvement and includes a tentative coastal field offices online timeline, phasing,and expected costs to understand long term priorities and costs. Lower Purisima To address roadside parking concerns • Provide local knowledge and Project schedule will be agreed upon $0.00 Creek Redwoods (vehicle clearance)along Purisima expertise regarding the site. with the Planning department. Parking Creek Road raised by neighbors. • Assist with outreach to the local Improvements neighbors and emergency response Completion date: Q3 FY 2012-13 (Priority 1) agencies. construction complete(assumes • Improve roadside signage and expanded parking area) determine feasibility of moving existing roadside fencing to expand vehicular clearance on Purisima Creek Road. Agricultural Policy To develop a strategy for purchasing Assist Planning department with Project schedule will be agreed upon $0.00 Development and managing agricultural lands outreach to the local community. with the Planning department. (Priority 2) throughout the District,consistent Provide site and issues knowledge with existing policies contained in the and perspective. Completion date:4`h Quarter Coastside Protection Area Service Plan FY2009/10 and other District policies. This strategy will provide added direction and guidance for staff and address frequent questions posed by the public and Agricultural community. Bear Creek Stables To create a Site and Implementation Work with Planning and Real Project timeline will be agreed upon $0.00 Analysis Plan for possible long term lease of the property. Assist with site expertise, with Real Property and Planning (Priority 2) Bear Creek Stables which coordinates and provide input. departments. with the Master Plan Assist with the public meeting process. qQ 8 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT Reason to Add New Key Project Project Description New Key Project Scope Schedule Budget Cooley Landing City of East Palo Alto's renewed Work with Planning to engage in Project timeline will be agreed upon $0.00 Development momentum on Cooley Landing Project continued discussions with City of with Planning Department Review warrants coordination and East Palo Alto to review proposed (Priority 2) participation by the District as project uses and refine the conceptual partner to refine the conceptual site public access site plan for the plan for the Cooley Landing Peninsula. Cooley Landing peninsula. • Provide technical assistance as needed to review documents and findings. Mountain Bicycling Repair damage caused by mountain Provide a concerted effort to repair Q4—Create plan to be implemented $0.00 Damage Response bicyclists damage already caused by with the start of the 2010 mountain (Priority 2) inappropriate mountain bike use on bicycling season. District trails. Repair and revegetate damaged areas. Efforts may become an ongoing • Educate the bicycling community project. Initial damage repairs through outreach efforts and estimated to be repaired by Q3 signage about the negative effects FY2010-11. of riding up banks("eyebrows")and excessive speed. • Have a strong enforcement campaign directed towards violators who create resource damage. • Coordinate with Public Affairs to do outreach for trail etiquette and safety and T3 Innovation Program to consider solutions for Mountain Bike"eyebrows". Apple To maintain an existing fruit tree • Do the necessary maintenance work Q 3—Necessary maintenance work $0.00 Orchard/Stevens orchard following the transfer of the to ensure a safe environment and to should be completed. Additional work, Canyon Ranch project from POST(Peninsula Open protect the health of the trees. if any,will be coordinated with Public (Priority 3) Space Trust),and to search for an • Contact other organizations and Affairs. individual or organization willing to individuals who might be interested take over management of the in assuming management of the property orchard 9 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT Reason to Add New Key Project Project Description New Key Project Scope Schedule Budget Hawthorne's Work with Real Property dept.on the Work with Real Property dept.on Q4 in Fiscal Year 2010-2011 $0.00 Property Transfer earlier than anticipated transfer of the the District's acceptance of the (Priority 3) Hawthorne Property to District Hawthorne Property buildings and management. trails gift. Specific tasks include: resource inventory,data collection, site assessments,site security. Alpine Pond Other projects have been completed Develop feasibility of draining Alpine By end of FY2009-10 Q4,feasibility $41,250 Management on time and under budget allowing Pond to eliminate non-native fish. study and grant applications will be (Priority 3) this potential future project to be Apply for grants. Start development completed,and consultant team will started this budget year of detailed plans and specifications have developed 50%level of detailed for interpretive trails,boardwalks plans and specifications. and viewing platforms. . Weed Database Other projects have been completed Work with consultant to modify Software updated by end of FY2009-10 $5000 (Priority 3) on time and under budget allowing weed database software to Q4 this potential future project to be automatically provide new reports. started this budget year 0 10 i EXHIBIT E DISTRICT GUIDELINES I i OPERATING BUDGET GUIDELINES, RATIOS AND MEASUREMENTS AS APPLIED TO FY2009-10 PROPOSED MIDYEAR AMENDED BUDGET Page OPERATINGBUDGET GUIDELINE........................................................................................................... 1 OPERATINGGROWTH GUIDELINE......................................................................................................... 1 COVERAGERATIO GUIDELINE................................................................................................................ 1 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET& GUIDELINE.................................................... 2 STAFF FACILITIES GROWTH GUIDELINE................................................................................................. 2 OPERATING BUDGET ANALYSIS (7% GROWTH CHART).................................................................... 2 INCOME AND EXPENSE ANALYSIS......................................................................................................... 3 TABLE A (Budget Analysis—Operating and Non-Operating Expenses)........................................... 4 CHARTA(7%Growth Chart)................................................................................................................. 5 TABLE B (Income and Expenses Analysis)........................................................................................... 6 TABLE C(Operating Budget Analysis)................................................................................................. 7 CHART B (Tax Revenues in Excess of Full Operating Expenses)...................................................... 8 CHARTC(Tax Revenue)........................................................................................................................ 9 Midpeninsula Regional Open Space District FY2009-10 Midyear Propose- audget Operating Budget Guidelines, Ratios"ano Results for FY2009-10 Midyear Proposed Measurements Budget Operating Budget Guideline (Table A, page 4;Table Tax revenue for 2009-10 is 27,611,000. B, page 6) Operating Budget is $13,658,835; 49.5%of • Tracks operating expenses as a percentage of tax revenue. projected tax revenue. Operating expenses should be at or below 50%of tax revenues. Operating Growth Guideline (Table A, page 4; Chart • The proposed midyear FY2009-10 Operating A, page 5) Budget of$13,658,835 is $29,540 under the • Limits the average annual growth in operating 7%growth guideline of$13,688,375. expenses to 7%. • Assuming 95% actual expenditures Expenses within the Guideline: ($12,975,893) during the fiscal year, the • Operating expenses include: salaries and benefits, District would be under the 7%growth services and supplies and fixed assets that are guideline by$712,482 associated with the administration of the District's five departments. Expenses outside the Guideline: • Expenses for land acquisition (including costs associated with land purchase such as appraisals, site engineering fees, and title insurance), debt service, property management and capital improvements (including Planning Department projects. • The method of calculating this Guideline was last adjusted in 2006. Coverage Ratio Guideline (Table A, page 4; Table B, The proposed FY2009-10 budget provides for page 6) a coverage ratio of 142%: • The use of this ratio was proposed by the District $27,611,000 (tax revenue) - $13,658,835 Controller because it provides a cushion for future (operating budget) = $13,952,165 divided by borrowing. $7,818,920 (debt service) + $2,000,000 = • The ratio is calculated by dividing the difference of 142% the tax revenues less operating expenses by the sum of debt service plus$2 million. • This calculation is used because maintaining a ratio of at least 100% ensures that $2 million will be set aside to service additional debt issue to fund purchases of new land. i 1 Midpeninsula Regional Open Space District FY2009-10 Midyear Propose.. Lsudget OAerating;Budget"Guidelin6s,;Ratips and Results forTY1069-10 Midyear Proposed 'Measurements Budget Capital Improvement Program (CIP) Budget & • This year's adopted CIP Budget 5-year Guideline average was $732,089. This exceeded the (Table A, page 4, and Planning Department data) Guideline by $32,089. • Board approved a new Budget Guideline for the • The proposed midyear FY2009-10 Action CIP Program in 2006. The CIP Guideline allows for Plan changes from the Planning Department expenditures of$700,000 per year averaged over a resulted in a revised CIP Budget 5-year 5-year period. average of$700,000, bringing the budget • The revised guideline includes the cost for current within the CIP Guideline. and future master planning processes, regional resource inventories, road and trail inventories and grazing assessments and plans. Staff Facilities Growth Guideline • The expenditure allowed, under this (Table A, page 4, and Planning Department data) Guideline, for the FY2009-10 proposed • Requires ten year average of staff facilities midyear Operating Budget is $478,059. expenditures to be less than 3.5%of District's • The proposed expenditure for FY2009-10 is Operating Budget. $470,000. • The ten year average of$297,988 is well below the Guideline. Operating Budget Analysis 7%Growth Chart • The Operating Growth guideline item on (Table A, page 4; Chart A, page 5) page 1 describes the results for the District's • This chart is constructed from the Baseline budget midyear proposed adjusted budget. This figures that are derived from the department information is then included in 7%Guideline budget submittals. The chart shows the levels of chart and a trend line is developed using expenditure from the 1999-00 fiscal year and for budget data calculated for the last ten years. successive fiscal years to date. • The trend lines show graphically the results of last decade. • There are budget trend lines that show: 1) 7% Growth from 1999-00 through 2009-10; 2) level of the Operating Budget by FY; 3) actual expenditures (Operating Budget) by FY; 4) Adjusted 7% Growth, 2008; the annual Operating Budget amounts, and the actual expenditures (Operating Budget) by FY. 2 Midpeninsula Regional Open Space District FY2009-10 Midyear Propose, .judget Operating Pudget Guidelines; Ratios and Results for EY2009-10 Midyear Proposed Measurement' Budget Income and Expense Analysis (Table B, page 6 ) • The Income and Expense Analysis Table • The Operating Expense and Tax Revenue Table shows these calculations for the proposed (OE&TR Table) maintain calculations that compare midyear FY2009-10 Operating Budget. revenue in a series of ratios for the last ten years. One of the most important is the • The General Property Tax revenues are shown by Operating Budget compared to Total FY and the following calculations are given: Revenue which is 49.5%for midyear i. Tax Revenue Growth FY2009-10 and under the 50%guideline. 2. Operating Budget compared to Tax Revenue 3. Full Operating Budget (includes items "outside the 7%guideline") compared to Tax Revenue 4. Full Operating Actual Expenditures compared to Tax Revenue s. Debt service compared to Tax Revenue 6. Full Operating Budget + debt as % of Tax Revenue 7. Full Operating Actual Expenditures+ debt as % of Tax Revenue 3 Midper ,Regional Open Space District FY2009-10 Midyear Amendp'"vdget TABLE A Budget Analysis /o Change 2009-2010 from 09-10 2008-09 2009-10 Proposed Adopted Actual Adopted Mid Year Budget Program_32 Salaries+Benefits 1,167,317 1,323,405 1,361,920 2.91% Pro rg am 32 Services+Supplies 55,954 66,527 64,358 -3.26% SUBTOTAL,Operating Expenses 1,223,271 1,389,932 1,426,278 2.61% Program 32 Fixed Assets 0 7,000 6,500 -7,14% Program 37 Coastside Protection 9,493 0 0 0.00% Program 36 Planning Projects 211,327 406,900 287,900 -29.25% Program 35 Staff Facilities 252,023 915,000 470,000 -48,63% Program 34 Public Facilities/FEMA 625,664 687,600 460,715 -33.00% Program 38 Unanticipated CIP 22,313 25,000 25,0001 0.00% TOTAL,All Expenses 2,344,091 3,431,432 2,676,393 22.00%0 Salaries+Benefits 5,178,748 5,672,089 5,714,862 0.75% Services+Supplies 1,645,738 1,825,981 1,868,445 2.33% Fixed Assets 451,036 438,960 419,585 -4.41% SUBTOTAL,Operating Expenses 7,275,522 7,937,030 8,002,892 0.83% Fixed Assets 42,934 950,000 350,000 -63.16% TOTAL,All Expenses 7,318,456 8,887,0301 8,352,892 -6.01% Salaries+Benefits 704,910 774,611 792,186 2.27% Services+Supplies 377,668 363,750 357,550 -1.70% Fixed Assets 0 0 SUBTOTAL,Operating Expenses 1,082,578 1,138,361 1,149,736 2.22% Services(Nature C.) 8,500 Transportation Assistance Program 1,600 TOTAL,All Expenses 1,082,578 1,138,361 1,159,836 1.89% Salaries+Benefits 450,643 528,141 535,168 1.33% Services+Supplies 155,909 198,350 184,250 -7.11% SUBTOTAL,Operating Expenses 606,552 726,491 719,418 -0.97% Propert)rMana ement 88,509 142,027 152,614 7.45% :10 'Ims="' -I "'M- 1 WA110' "I" TOTAL,All Expenses 36,348,214 29,066,213 29,069,727 0.01% Salaries+Benefits 1,652,076 1,700,360 1,765,016 3.80% Services+Supplies 638,971 607,826 595495 -2.03% SUBTOTAL,Operating Expenses 2,291,047 2,308,186 21360:511 2.27% Fixed Assets 0 110,000 75,000 -31.82% TOTAL,All Expenses 2,291,047 2,418,186 2,435,511 0.720/6 PERS Surplus with PERS Operating Budget 12,478,970 13,500,000 13,658,835 1.18% Property Management 88,509 142,027 152,614 7.45% Unanticipated CIP 22,313 25,000 25,000 0.00% Public Access Facilities 625,664 687,600 460,715 -33.00% Staff Facilities 252,023 915,000 470,000 -48.63% Planning Projects 211,327 406,900 287,900 -29.25% GASB 0 0 0 0,00% Coastside Protection 9,493 0 0 0.00% Special Projects 42,934 1,067,000 441,6001 0.00% Subtotal fFullOperatin Bud et 13,731,233 16,743,527 15,496,664 -7.45% •-•---------•- Subtotal(Includes Debt 21,318,937 24,562,447 23,315 584 -5.08% 7777,7, IN District Budget Total 49,384,3861 44,941,222 43,694,359 -2.77% Midpeninsula Regional Open Space District CHART A FY09-10 Operating Budget—7%Growth Chart For Operating Budget, amount shown is mid- OPERATING BUDGET ANALYSIS year adjusted starting in )nnnlnl 2009/2010 Midyear 2009/10 Midyear Operating Budget is$13,658,835, 16,000,000 __. ___,._._ which is$29,540 under Adjusted 7°l°Growth Guideline of$13,688,375 Adjusted 7%Growth Line by 14,000,000 $564,933 including:$382,000 for PERs cost increases,$78,933 for Coastal costs,and$104,000 for a sheriffs contract 12,000,000 Adjusted 7%Growth Line for Salary and Benefit Increases in the Amount Anticipated Actual Expenditures of$436,157 and$150,000 for RSA for 09/10 are$12,975,893 based 10,000,000 -County Park on average of 95%of spending over the last 10 years. ERAF shift 8,000,000 _ __ _ starting FY 04-05 6,000,000 -- - Averaged Tax Growth for the Last 10 Years is 7.0%. 4,000,000 ___ _—------------___-__---__---__-__----------—_---- _________----____-_ --_-_-___-_ % Operatin pu0 00 ,�O �O �O 00 00 O'� g Budget �Q0 �p0 rlOQ �pQ rIOQ rLQO r100 rlQO `LQO rLQO `LOO Growth (based an Mid- 7.4% 13.4% 12.1% 7.3% 3.2% -0.1% 18.2% 13.4% 8.9% 7.5% 5.2% year) _7%Growth 2001-2008 —8 Operating Budget —4 Actual Expenditures(Operating Budget) —Adusted 7%Growth 08-> _7%Growth 1998-2001 "1 Income and Expense Analysis (Averaged Tax Growth for the Last 10 Years is 7.0%) TABLE B 00/01 01/02 02/03 03104 04/05 05/06 06/07 07/08 08/09 09110 General Property Tax 16,041,073 17,571,601 18,778,935 19,113,761 19,742,448 21,888,853 23,909,402 24,767,516 26,350,722 27,611,000 ERAF -1,155,000 -1,735,000 -580,000 0 0 0 Tax Revenue(TR) 16,041,073 17,571,601 18,778,935 19,113,761 18,587,448 20,153,853 23 329,402 24,767,516 26,350,722 27,611,000 Tax Revenue Growth 13.1% 9.5% 6.9% 1.8% -2.8% 8.4% 15.8% 6.2% 6.4% 4.8% Operating Budget(OB) 6,669,677 7,478,875 8,028,452 8,288,803 8,278,278 9,782,129 11,097,639 12,084321 12987,261 13,658,835 OB Compared to TR 41.6% 42.6% 42.8% 43.4% 44.5% 48.5% 47.6% 48.8% 49.3% Full Operating Budget(FOB) 7,694,852 9,265,095 10,074,916 11073,227 10„887,407 11,841,356 12860,561 FOB Compared to TR 48.0% 52.7% 53.7% 57.9% 58.6% 58.8% 55.1% 54.4% 58.1% 56.1% Full Operating Actual (FOA) 6,79$,342 8,219,815 8,327,407 9,6 0,759 9 843,784 16,60 ,702 12,223,514 13,420,972 14,804,867 14,813,722 FOA Compared to TR 42.4% 46.8% 44.3% 50.4% 53.0% 52.6% 52.4% 54.2% 56.2% 53.7% Debt Service 6,053, 13 6,156,173 7,607,532 6,343,963 6,890,926 6,961,814 6,884,000 7,418,089 7,818,920 7,818,920 Debt Service as%of TR 37.7% 35.0% 40.5% 33.2% 37.1% 34.5% 29.5% 30.0% 29.7% 28.3% 58 ; 1i). 197�44661 €I8,90�)f ,744fi66, f , 1, 66; . OW, �..� , FOB+ Debt as %of TR 85.7% 87.8% 94.2% 91.1% 95.6% 93.3% 84.6% 84.4% 87.8% 84.4% <: a,14, 981� ' �3i' FOA+ Debt as%of TR 80.1% 81.8% 84.9% 83.6% 90.0% 87.2% 81.9% 84.1% 85.9% 82.0% Full = Line items both included and excluded from the 7%guideline, but does not include debt service or land acquisition and associated costs. 6N Operating Budget Growth over 10 Years TABLE C 1999-2009 OPERATING BUDGET ANALYSIS (excluding land,property management public access facilities,office facilities&special projects) i Total(10 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 Years) Operating Budget 5,879,810 6,669,677 7,478,875 8,028,452 87288,803 8,278,278 9,782,129 11,097,639 12,084,321 12,987,261 13,658,835 98,354,271 Budget Growth(Av) 7.4% 13.4% 12.1% 7.3% 3.2% -0,1270% 18.2% 13.4% 8.9% 7 5% 5.2% 89.2% Actual Expenditures(Operating 5,650,875 6,189,762r 7,163,277 7,416,653 7,740,920 7,775,781 9,317,335 10,388,265 11,460,438 12,478,970 12,975,893 92,907,293 Actual Expenditure Growth 7.8% 9.5% 15.7% 3.5% 4.4% 0.5% 19.8% 11.5% 10.3% 8.9% 4.0% 88.1% Underspent from Budget (228,935 479,915 315,598 611,799 (547,883 502.497 464,794) 709,374 623,884' (508,291' 682,942 (5,446,977) Outside of Guideline Amount 1,312,565 1,025,175 1,786,220 2,046,464 2,784,424 2,609 129 2,059,227 1,762,922 1 396,806 2,325,897 1 837829 Full Operating Budget 7,192,375 7,694,852 9,265,095 10,074,916 11,073,227 10,887,407 11,841,356 12.860,561 13,481,127 15,313,158 15,496,664 Percentage of Budget Spent 96.1% 92.8% 95.8% 92.4% 93.4% 93.9% 95.2% 93.6% 94.8% 96.1% 7%Growth Adjusted 7%Growth(99-01) 61081,870 6,507,600 Adjusted 7%Growth(00-08) 7,093,757 7,590,320 8,121,643 8,690.158 9,298,469 9,949,362 10,645,817 11,391,024 12,188,396 Adusted 7%Growth 08-> 11,955,957 12,792,874 13,688,375 Difference 7%vs. Budget 0 167,232 451,822 128,364 194,387 -29,540 %Actual Expenditure Growth 7.8% 9.5% 157% 3.5% 4.4% 0.5% 19.8% 11.5% 10.3% 8.9% 4.0% Averaged%Budget Growth 7.4% 13.4% 12.1% 7.3% 3.2% -0.1% 18.2% 13.4% 8.9% 7.5% 5.2% O:\Board Meeting PrepTinal-11-1 B-09 Bd Mtg\Not for Bd Packet--Complete 09-10 Oper Budget Analysis Worksheet\09-10 Operating Budget Analysis Mid Year CHART B Tax Revenues in Excess of Full Operating Expenses+ Debt Service 30,000,000 r 25,000,000 20,000,000 15,000,000 10,000,000 5,000,000 0 _ _ 00/01 01/02 02/03 03/04 04105 05/06 06/07 07!08 08109 09r1C ®Debt Service ■Full Operating Expenses ❑Tax Revenue in Excess of Fixed expenses i 00 CHART C TAX REVENUE Tax Revenue, Full Operating and Debt Expenses Analysis Averaged Tax Growth for the (Full Operating Actual Expenses Exclude:Debt,and land+Associated Expenses) Last 10 Years is 7.0%. 28.000,000 - -- -- TM avenue 26 000,000 24.000.000 - / Full Operating 22.000,000 � -- ------------ Actual+Debt - combined 20,000,000 - 1 18,000,000 16.000,000 14.000,000- - - Full Operating Actual 12.000,000 _ (Expenses) i 10,000,000 _ 8,000,000 6,000.000 `la 4,000 000 Debt Payments 2.000.000 0 00/01 01ro2 02103 03104 04105 06" 06/07 07108 08/09 09I70 ❑Debt Service Full Operating Actual(FOA) ❑FOA+Debt to Tax Revenue CTR) to DEPARTMENT MIDYEAR KEY PROJECT ADDITIONS FY2009-10 ACTION PLAN KEY PROJECTS ADDITIONS PROPOSED TO ADOPTED FY2009-10 ACTION PLAN KEY PROJECTS (Additions are shown by Department per index below. A department will be included in this document only if it has proposed new key projects. If no new key projects are being proposed,that department will not be included in the table) Page SUMMARY TABLE: PLANNING DEPARTMENT....................................................................................................................... 1 REAL PROPERTY DEPARTMENT.............................................................................................................. 3 ADMINISTRATION DEPARTMENT.......................................................................................................... 5 LEGAL SERVICES—ADMINISTRATION DEPARTMENT.......................................................................... 6 OPERATIONS DEPARTMENT.................................................................................................................. 8 NEW KEY PROJECT PAGES: PLANNING DEPARTMENT..................................................................................................................... 11 LowerPurisima Creek Redwoods Parking Improvements.......................................................... 12 CooleyLanding Public Access Improvements Project................................................................. 13 District-Wide Staff Facilities Planning Study................................................................................ 14 AgriculturalPolicy Implementation Guide.................................................................................... 15 Guadalupe River Watershed Mercury Total Maximum Daily Load Site Investigations........... 16 DriscollRanch Pond DR06 Repair................................................................................................... 17 REAL PROPERTY DEPARTMENT........................................................................................................... 18 BearCreek Stables Site Assessment............................................................................................... 19 Cooley Landing Public Access Improvements Project, Ravenswood OSP.................................. 20 District-Wide Staff Facilities Planning Study................................................................................. 21 TheHawthornes Property Transfer................................................................................................ 22 DistrictStrategic Plan....................................................................................................................... 23 Saratogato Sanborn Land Purchase Project................................................................................. 24 330 Distel Circle Building Maintenance......................................................................................... 25 ADMINISTRATION DEPARTMENT........................................................................................................ 26 CommuterCheck Program............................................................................................................... 27 LEGAL SERVICES—ADMINISTRATION DEPARTMENT........................................................................ 28 Hawthorne's Property Transfer Windy Hill OSP........................................................................... 29 CooleyLanding Public Access Improvements Project.................................................................. 30 Agricultural Policy Implementation Guide.................................................................................... 31 DriscollRanch Pond Repair Project 06........................................................................................... 32 OPERATIONS DEPARTMENT................................................................................................................ 33 20 Year Facilities, Staffing and Capital Equipment Plan.............................................................. 34 Lower Purisima Creek Redwoods Parking Improvements.......................................................... 35 AgriculturalPolicy Development................................................................................................... 36 BearCreek Stables Analysis............................................................................................................ 37 CooleyLanding Development......................................................................................................... 38 MountainBicycling Damage Response.......................................................................................... 39 AppleOrchard/Stevens Canyon Ranch...........................................................................................40 Hawthorne's Property Transfer.......................................................................................................41 AlpinePond Management................................................................................................................42 WeedDatabase..................................................................................................................................43 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN PLANNING DEPARTMENT New Key Project Reason to Add New Key Project Project Des cription Scope Schedule Budget Lower Purisima To address roadside parking concerns • Prepare a site plan of area Jan Complete site plan Staff Time Creek Redwoods (vehicle clearance)along Purisima surrounding existing restroom, Parking Creek Road raised by neighbors. staging area,and access road. Mar Identify number of parking spaces; Purchase of new Improvements • Determine maximum potential prepare cost benefit analysis; signs to come out (Priority 3) number of vehicular parking determine neighbor's willingness of Operations spaces and conduct cost benefit to move roadside fence;identify budget analysis for expanded parking. location of additional"No Parking" • Improve roadside signage and signs determine feasibility of moving existing roadside fencing to Completion date: Q3 FY 2012-13 expand vehicular clearance on construction complete(assumes Purisima Creek Road. expanded parking area) Cooley Landing City of East Palo Alto's renewed Engage in continued discussions Nov Hiring of design firm by City of East $25,000 Public Access momentum on Cooley Landing Project with City of East Palo Alto to Palo; District staff to provide Improvements warrants coordination and review proposed uses and refine recommendation based on review Project participation by the District as project the conceptual public access site of proposals and interview rating (Priority 1) partner to refine the conceptual site plan for the Cooley Landing Mar District review of and comments to plan for the Cooley Landing Peninsula. peninsula. consultant findings • Provide technical assistance as needed to review documents Schedule partially dependent on City of and findings. East Palo Alto. Completion date: TBD District-Wide Staff Requested by Facilities Ad Hoc Confirm assumptions re:field Jan Prepare Final Draft of Staff Staff Time Facilities Planning Committee to develop a long-term staff deployment to new satellite Facilities Planning Study for Ad Hoc Study planning study for new staff facilities offices Review and Comment (Priority 1) that prioritizes each major Confirm timeline and sequencing Mar Present Revised Staff Facilities improvement and includes a tentative of events to bring new southern Planning Study for full Board timeline, phasing,and expected costs and coastal field offices online review and comment to understand long term priorities and and complete additional costs. improvements to Admin Office Completion date: Q4 FY 2009-10 • Refine cost figures for new staff facility improvements • Prioritize and prepare schedule for work policy changes. ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN PLANNING DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Agricultural Policy To develop a strategy for purchasing Integrate agricultural policy Nov 2009 Initiate development of Staff Time Implementation and managing agricultural lands statements from Coastal Service Agricultural Policy Implementation Guide Guide throughout the District,consistent Plan,Resource Management (Priority 2) with existing policies contained in the Policy,and additional District Mar 2010 Present Draft Implementation Coastside Protection Area Service Plan documents into comprehensive Guide to Board for review and and other District policies. This Agricultural Policy consideration;identify gaps/need for strategy will provide added direction Implementation Guide amendments and guidance for staff and address Conduct outreach with San frequent questions posed by the Mateo County Farm Bureau and Completion date:4ch Quarter FY2009/10 public and Agricultural community. Agricultural Advisory Committee to review Agricultural Policy Implementation Guide • Present Draft Implementation Guide to Board for review and consideration;identify gaps/need for amendments Guadalupe River To comply with Water Code Section Conduct erosion studies within Q3 November 2009 Initiate contract with $20,000 Watershed 13267 Technical Report Requirement Guadalupe Creek watershed to Certified Engineering Geologist to Mercury Total issued by California Regional Water identify potential mercury complete necessary field work and Maximum Daily Quality Control Board,San Francisco mining related erosional sites assessments Load(TMDL)Site Bay Region Prepare report detailing results Q3 December 2009 Submit process report Investigations of erosion investigations and to Water Board (Priority 1) submit to Water Board Q3 December 2010 Submit Final Report to Water Board Driscoll Ranch Pond To repair and enhance a failing pond Secure County and Resource Q4 March 2009 Secure permits and $35,000 DR06 Repair that serves as a California red-legged agency permits complete bidding process to prepare for (Priority 1) frog habitat and as a cattle watering Complete bid package and bid summer construction source. process • Award construction contracts ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN REAL PROPERTY DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Bear Creek Stables To develop a long term lease for the • Perform analysis of similar sized FY 2009-10 Q4 $8,500.00 Site Assessment Bear Creek Stables facility,a site equestrian facilities at nearby (Priority 1) assessment needs to be performed. park districts • Perform site analysis • Prepare Draft Site Plan • Present data,analysis,and preferred alternatives to Board Committee Cooley Landing City of East Palo Alto's renewed • Work with the Planning Refer to Planning Department Action Plan Budgeted in Public Access momentum on Cooley Landing Project Department to refine options Planning Improvements warrants coordination and regarding City of East Palo Alto Department Project, participation by the District as project use of District land on the Cooley Ravenswood Open partner to refine the conceptual site Landing Peninsula. Space Preserve plan for the Cooley Landing Peninsula. - Act as Property Negotiator in (Priority 3) continued discussions with City of East Palo Alto. • Work with Legal Department as needed to prepare documents needed to effectuate any real estate transactions resulting from the project. District-Wide Staff Requested by Facilities Ad Hoc • Provide location and cost Refer to Planning Department Action Plan Staff Time Facilities Planning Committee to develop a long-term information regarding potential Study planning study for new staff facilities new land purchases which (Priority 3) that prioritizes each major provide for future staff facilities. improvement and includes a tentative - Provide location and cost timeline,phasing,and expected costs information on potential non- to understand long term priorities and District structures or facilities costs. that could serve as interim staff facilities. VJ ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN REAL PROPERTY DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget The Hawthorne's The Board approved acceptance of a • Work with Trustees on property FY 2009-10 Q4 or FY 2010-11 Q1 Staff Time Property Transfer gift of the Hawthorne's Property on transfer,site clean up and (Priority 1) April 26,2006. The gift transfer vacancy of structures. involved two parcels at two different • Identify site security. times. The undeveloped parcel • Work with Operations and transfer first,and the developed parcel Planning to initiate site would be transferred after the death assessments, resource of the beneficiary of the Trust. The inventories,identify operation beneficiary's interest in the improved and management costs, parcel was disclaimed earlier this year. responsibilities. Therefore,the entire property will be Identify and meet with transferred to the District community interest groups and potential partners District Strategic As a District wide Project, Real Assist project team with long range Refer to Administration Department Staff Time Plan(Priority 1) Property staff time is required for this planning and strategic analysis. Action Plan key project. Saratoga to Skyline The City of Saratoga and County of • Work with City and County on FY 2010-11 Staff Time Sanborn Land Santa Clara Parks Department have three party purchase of surplus Purchase Project contacted District to partner on County land (Priority 2) purchase of surplus County Roads • Assist with drafting of Property to help provide a future trail transactional documents and connection from Saratoga to Skyline conservation easement to be Sanborn County Park held jointly with County 330 Distel Circle Transition responsibility for on-going • Meet with Administration and FY2009-10 Q4 Budget currently Building maintenance and repair of 330 Distel Planning to clarify roles and resides in Maintenance Circle from other Departments to Real processes Administration (Priority 2) Property • Understand current until 2010-11 maintenance items outstanding • Understand new maintenance items from remodel. • Present to all staff process for submitting maintenance requests ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN ADMINISTRATION DEPARTMENT New Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Commuter Check Project to enable employees to Under IRS code 132f,employees can All set-up will be completed in Q4. Estimated Program purchase transit and parking passes on put aside$230 for transit costs and administrative cost a pre-tax basis. Secondary purpose:to $230 for parking costs per month on a for 10 employees= help increase employee retention and pre-tax basis. Our payroll $315 a year. attraction,encourage use of public administrators and Commuter Check Preliminary survey transportation and improve our Program administrators set-up payroll indicated 10 carbon footprint(consistent with the deductions and create an online profile employees will District's Mission). for each participating employee. participate at first, Employees elect their monthly possibly more withholding amount. HR Technician later. places the orders online and coordinates with payroll for bi-weekly deduction from employees'paychecks. Delivery is either as voucher or protected MasterCard. ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN LEGAL SERVICES - ADMINISTRATION DEPARTMENT Key Project Reason to Add New Key Project Project Description Scope Schedule Budget Hawthorne's New land addition On April 26,2006,the Board approved Date of property transfer Staff Time Property Transfer, acceptance of a gift of the Hawthorne's contingent upon site Windy Hill Open Property. The gift structure anticipated clean up,tenant vacancy Space Preserve two parcels to be conveyed at two and a timetable (Priority 1) different times.The beneficiary's interest acceptable to trustees. in the second parcel was disclaimed Estimated in FY 2009-10 earlier this year.Therefore,the entire Q4 property will be transferred to the District and in a shorter time frame than anticipated. • Work with Real Property on the form and timing of property transfer,site clean up,vacancy of structures,and establishing site security by on-site resident/caretaker. • Work with estate trustees on transfer of monetary endowment for operation and maintenance of the property. • Work with Operations and Planning as needed regarding renovation of the historic residence on site. Cooley Landing City of East Palo Alto has obtained a • Support Planning Department in Schedule dependent on Staff Time Public Access Packard Foundation grant and has discussions with City of East Palo Alto to City of East Palo Alto. Improvements hired a new project manager to review proposed uses and development Estimate advising Project(Priority 1) reinitiate the planning process for the of the conceptual public access site plan Planning Department on Cooley Landing Peninsula,located for the Cooley Landing peninsula. collaborative consultant adjacent to Ravenswood OSP. • Provide legal assistance as needed to selection in March and Significant staff time is expected to review and prepare documents. review of consultant review revised conceptual site plans, findings in November meet with City staff and community leaders and develop recommendations that complement District's use and Completion date: TBD management of the adjacent Preserve and are consistent with the District's legal obligations to protect clapper rail habitat on Ravenswood OSP. 6"` ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN LEGAL SERVICES - ADMINISTRATION DEPARTMENT Project Description Key Project Reason to Add New Key Project Scope Schedule Budget Agricultural Policy To develop a strategy for purchasing Advise Planning Department in Nov 2009 Initiate Staff Time Implementation and managing agricultural lands integrating agricultural policies from development of Guide(Priority 2) throughout the District,consistent Coastal Service Plan, Resource Agricultural Policy with existing policies contained in the Management Policy,and additional Implementation Guide Coastside Protection Area Service Plan District documents into comprehensive and other District policies. This Agricultural Policy Implementation Mar 2010 Present Draft strategy will provide added direction Guide Implementation Guide to and guidance for staff and address Present Draft Implementation Guide to Board for review and frequent questions posed by the public Board for review and consideration; consideration;assist if and Agricultural community. assist if revisions needed revisions needed Completion date:4th Quarter FY2009/10 Driscoll Ranch Pond To repair and enhance a failing pond Assist Planning in obtaining County and Q4 March 2009 Secure Staff Time Repair Project 06 that serves as a California red-legged Resource agency permits, preparing bid permits and complete (Priority 1) frog habitat and as a cattle watering package,conducting bid process,and bidding process to source. award of construction contract prepare for summer construction ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT Project Description Reason to Add New Key Project New Key Project Scope Schedule Budget 20 Year Facilities, Requested by Facilities Ad Hoc • Develop a staffing plan and facilities Project timeline will be agreed upon $0.00. Staffing and Capital Committee to develop a long-term deployment plan with Real Property and Planning Equipment Plan planning study for new staff facilities • Confirm timeline and sequencing of departments. (Priority 1) that prioritizes each major events to bring new southern and improvement and includes a tentative coastal field offices online timeline,phasing,and expected costs to understand long term priorities and costs. Lower Purisima To address roadside parking concerns • Provide local knowledge and Project schedule will be agreed upon $0.00 Creek Redwoods (vehicle clearance)along Purisima expertise regarding the site. with the Planning department. Parking Creek Road raised by neighbors. • Assist with outreach to the local Improvements neighbors and emergency response Completion date: Q3 FY 2012-13 (Priority 1) agencies. construction complete(assumes • Improve roadside signage and expanded parking area) determine feasibility of moving existing roadside fencing to expand vehicular clearance on Purisima Creek Road. Agricultural Policy To develop a strategy for purchasing Assist Planning department with Project schedule will be agreed upon $0.00 Development and managing agricultural lands outreach to the local community. with the Planning department. (Priority 2) throughout the District,consistent Provide site and issues knowledge with existing policies contained in the and perspective. Completion date:41h Quarter Coastside Protection Area Service Plan FY2009/10 and other District policies. This strategy will provide added direction and guidance for staff and address frequent questions posed by the public and Agricultural community. Bear Creek Stables To create a Site and Implementation Work with Planning and Real Project timeline will be agreed upon $0.00 Analysis Plan for possible long term lease of the property. Assist with site expertise, with Real Property and Planning (Priority 2) Bear Creek Stables which coordinates and provide input. departments. with the Master Plan Assist with the public meeting process. 00 ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT Reason to Add New Key Project Project Description New Key Project Scope Schedule Budget Cooley Landing City of East Palo Alto's renewed Work with Planning to engage in Project timeline will be agreed upon $0.00 Development momentum on Cooley landing Project continued discussions with City of with Planning Department Review warrants coordination and East Palo Alto to review proposed (Priority 2) participation by the District as project uses and refine the conceptual partner to refine the conceptual site public access site plan for the plan for the Cooley Landing Peninsula. Cooley Landing peninsula. • Provide technical assistance as needed to review documents and findings. Mountain Bicycling Repair damage caused by mountain Provide a concerted effort to repair Q4—Create plan to be implemented $0.00 Damage Response bicyclists damage already caused by with the start of the 2010 mountain (Priority 2) inappropriate mountain bike use on bicycling season. District trails. Repair and revegetate damaged areas. Efforts may become an ongoing • Educate the bicycling community project. Initial damage repairs through outreach efforts and estimated to be repaired by Q3 signage about the negative effects FY2010-11. of riding up banks("eyebrows")and excessive speed. • Have a strong enforcement campaign directed towards violators who create resource damage. • Coordinate with Public Affairs to do outreach for trail etiquette and safety and T3 Innovation Program to consider solutions for Mountain Bike"eyebrows". Apple To maintain an existing fruit tree • Do the necessary maintenance work Q 3—Necessary maintenance work $0.00 Orchard/Stevens orchard following the transfer of the to ensure a safe environment and to should be completed. Additional work, Canyon Ranch project from POST(Peninsula Open protect the health of the trees. if any,will be coordinated with Public (Priority 3) Space Trust),and to search for an • Contact other organizations and Affairs. individual or organization willing to individuals who might be interested take over management of the in assuming management of the property orchard -,p ADDITIONAL KEY PROJECTS PROPOSED FOR FY2009-10 ACTION PLAN OPERATIONS DEPARTMENT Reason to Add New Key Project Project Description New Key Project Scope Schedule Budget Hawthorne's Work with Real Property dept.on the Work with Real Property dept.on Q4 in Fiscal Year 2010-2011 $0.00 Property Transfer earlier than anticipated transfer of the the District's acceptance of the (Priority 3) Hawthorne Property to District Hawthorne Property buildings and management. trails gift. Specific tasks include: resource inventory,data collection, site assessments,site security. Alpine Pond Other projects have been completed Develop feasibility of draining Alpine By end of FY2009-10 Q4,feasibility $41,250 Management on time and under budget allowing Pond to eliminate non-native fish. study and grant applications will be (Priority 3) this potential future project to be Apply for grants. Start development completed,and consultant team will started this budget year of detailed plans and specifications have developed 50%level of detailed for interpretive trails, boardwalks plans and specifications. and viewing platforms. . Weed Database Other projects have been completed Work with consultant to modify Software updated by end of FY2009-10 $5000 (Priority 3) on time and under budget allowing weed database software to Q4 this potential future project to be automatically provide new reports. started this budget year PLANNING DEPARTMENT FY 2009-10 Midyear Action PI; djustments— New Key Project Dept: PLANNING New Key Project: Lower Purisima Creek Redwoods Parking Improvements Priority: 3 Program: Public Access Improvements Core Function: A. Plan, design, and implement projects for public access Purpose: Address vehicular clearance issues along Purisima Creek Road; identify feasibility of parking improvements to accommodate increased parking adjacent to existing restroom. Project Manager: Meredith Manning, Acting Senior Planner Staff/Departments Involved/Impacted Ana Ruiz, Planning Manager, Planning Department Mike Williams, Real Property Manager, Real Property Department David Sanguinetti, Operations Manager, Operations Department Brian Malone, Area Superintendent, Operations Department Project Scope and Identifiable • Prepare a site plan of area surrounding existing restroom, staging Contingencies: area, and access road. • Determine maximum potential number of vehicular parking spaces and conduct cost benefit analysis for expanded parking. • Improve roadside signage and determine feasibility of moving existing roadside fencing to expand vehicular clearance on Purisima Creek Road. Previously approved Key Project Thornewood Trail Improvements Project modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to LeX Project" Budget Estimate: $0.00 (Staff time only) Funds needed for this project: Milestones b FY Quarter: Q4 Jan 2010 Complete site Ian y p p 04 Mar 2010 Identify maximum number of vehicle spaces; determine neighbor's willingness to move roadside fence; identify location of additional "No Parking" signs Project Completion Quarter. 03 FY 2012-13 construction complete (assumes expanded parking area) I' IoL III FY 2009-10 Midyear Action PI Jjustments— New Key Project Dept: PLANNING Project: Cooley Landing Public Access Improvements Project Priority: 1 Program: Public Access Improvements Core Function: ` A. Plan, design and implement projects for public access, resource management and staff facilities Purpose: To work in partnership with the City of East Palo Alto to refine the conceptual site Ian for the Cooley Landing Peninsula. P p Y 9 i Project Manager: Tina Hugg Staff/Departments Involved/impacted Sandy Sommer, Sr. Real Property Planner, Real Property Depart. Michael Newburn, Area Superintendent, Operations Department Duncan Simmons, Assistant General Counsel, Admin Department Project Scope and Identifiable • Engage in continued discussions with City of East Palo Alto to Contingencies: review proposed uses and refine the conceptual public access site plan for the peninsula. • Provide technical assistance as needed to review and refine documents and findings. Identifiable contingency: Schedule is partially dependent on City of East Palo Alto. Previously approved Key Project N/A modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key Project" Budget Estimate: $25,000 Funds needed for this project: Milestones by FY Quarter: Q3 Nov 2009 Hiring of Design firm by City of East Palo; District staff to provide recommendation based on review of proposals and interview rating Q4 Jan — Mar 2010 District review of and comments to consultant findings Project Completion Quarter: TBD FY 2009-10 Midyear Action PI, djustments— New Key Project Dept: PLANNING Project: District-Wide Staff Facilities Planning Study Priority: 1 Program: Staff Facility Improvements Core Function: A. Plan, design and implement projects for public access, resource management and staff facilities Purpose: To develop a long-term planning study for new staff facilities that prioritizes each major improvement and includes a tentative timeline, phasing, and expected costs. e Pro ct Manager: Tina Hu I' j _ g g 9 Staff/Departments Involved/Impacted Ana Ruiz, Planning Manager, Planning Department David Sanguinetti, Operations Manager, Operations Department Brian Malone, Area Superintendent, Operations Department Michael Newburn, Area Superintendent, Operations Department Sandy Sommer, Sr. Real Property Planner, Real Property Depart. Duncan Simmons, Assistant General Counsel, Admin Department Project Scope and Identifiable • Work with Operations to confirm assumptions regarding field staff Contingencies deployment to new satellite offices • Confirm timeline and sequencing of events to bring online new southern field office and coastal field office, and complete additional improvements to Administration Office • Refine cost figures for new staff facility improvements • Prioritize and prepare schedule for work policy changes Previously approved Key Project Skyline Field Office Remodel modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved In adopted" FY2009-10 Action Plan shown on separate project sheet-- "Change to Key Project" Budget Estimate: $0.00 Funds needed for this project: Milestones by FY Quarter: Q4 Jan 2010 Prepare Final Draft of Staff Facilities Planning Study for Ad Hoc Review and Comment Q4 Mar 2010 Present Revised Staff Facilities Planning Study for full Board review and comment Project Completion Quarter:' Q4 FY 2009-10 FY 2009-10 Midyear Action PI, djustments— New Key Proiect Dept: PLANNING Project: Agricultural Policy Implementation Guide Priority: 2 Program: Resource Planning and Stewardship Core Function: B. Develop and maintain Use and Management Policies and Procedures Purpose: To develop a strategy for purchasing and managing agricultural lands throughout the District, consistent with existing policies in the Service Plan for the Coastal San Mateo County Area and other District policies Project Manager: Kirk Lenington Staff/Departments Involved/impacted Ana Ruiz, Planning Manager, Planning Department Mike Williams, Real Property Manager, Real Property Department Sandy Sommer, Sr. Real Property Planner, Real Property Dept. David Sanguinetti, Operations Manager, Operations Department Clayton Koopman, Area Superintendent, Operations Department Sue Schectman, General Counsel, Administration Department Rudy Jurgensen, Public Affairs Manager, Public Affairs Dept. Leigh Ann Maze, Communications Specialist, Public Affairs Dept. Project Scope and Identifiable • Integrate agricultural policy statements from Coastal Service Contingencies: Plan, Resource Management Policy, and additional District documents into comprehensive Agricultural Policy Implementation Guide • Conduct outreach with San Mateo County Farm Bureau and Agricultural Advisory Committee to review Agricultural Policy Implementation Guide • Present Draft Implementation Guide to Board for review and consideration; identify gaps/need for amendments Previously approved Key Project Resource Management Policies modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key Project" Budget Estimate; $0.00 (staff time only) Funds needed for this project: Milestones by FY Quarter: Q3 Nov 2009 Initiate development of Agricultural Policy Implementation Guide Q4 Mar 2010 Present Draft Implementation Guide to Board for review and consideration; identify gaps/need for amendments Project Completion Quarter: Q1 FY 2010-11 ISr FY 2009-10 Midyear Action PI, Jjustments— New Key Project Dept: PLANNING Project: Guadalupe River Watershed Mercury Total Maximum Daily Load (TMDL) Site Investigations Priority: 1 Program: Resource Planning and Stewardship Core Function: D. Comply with the California Environmental Quality Act (CEQA) and all code and regulation requirements Purpose: To comply with Water Code Section 13267 Technical Report Requirement issued by California Regional Water Quality Control Board, San Francisco Bay Region Project Manager: Kirk Lenington Staff/Departments involved/Impacted Mike Williams, Real Property Manager, Real Property Department Duncan Simmons, Assistance General Counsel, Admin. Dept. Rudy Jurgensen, Public Affairs Manager, Public Affairs Dept. Project Scope and Identifiable • Conduct erosion studies within Guadalupe Creek watershed to Contingencies: identify potential mercury mining related erosional sites Prepare report detailing results of erosion investigations and submit to Water Board Previously approved Key Project Sierra Azul / Bear Creek Redwoods Master Plan Development modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2O09.1O Action Plan shown on separate project sheet.._ "Change to Key Project" Budget Estimate: $20,000 Funds needed for this project: Milestones by FY Quarter: Q3 Nov 2009 Initiate contract with Certified Engineering Geologist to complete necessary field work and assessments Q3 Dec 2009 Submit progress report to Water Board Q3 Dec 2010 Submit Final Report to Water Board Project Completion Quarter: Q3 FY 2010-11 FY 2009-10 Midyear Action PIS djustments— New Key Project Dept: PLANNING � Project: Driscoll Ranch Pond DR06 Repair Priority: 1 Program: Resource Planning and Stewardship Gore Function: A. Plan, design and implement projects for public access, resource management and staff facilities Purpose: To repair and enhance a failing pond that serves as a California red- legged frog habitat and as a cattle watering source. Project Manager: Julie Anderson Staff/Departments Involved/impacted Duncan Simmons, Assistant General Counsel, Admin. Dept. Brian Malone, Area Superintendent, Operations Department Project Scope and Identifiable • Secure County and Resource agency permits Contingencies: • Complete bid package and bid process • Award construction contracts Previouslyr v approved ed Key Project None modified/delayed/deleted due to this addition (if applicable)': (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key Project" Budget Estimate: $35,000 Funds needed for this jro ect: p Milestones by FY Quarter: Q3 Mar 2009 Secure permits and complete bidding process to prepare for summer construction Project Completion Quarter:' Q3 FY 2010-11 /7 REAL PROPERTY DEPARTMENT I� IS =FY2009-10 Midyear Action Plan Changes— NEW KEY PROJECT Dept: Real Property New Key Project: Bear Creek Stables Site Assessment Priority: 1 Program: Property Management Core Function: E. Manage District's real property assets and revenue-producing activities Purpose: To develop a draft site plan, draft management plan, and preferred alternatives for Bear Creek Stables for presentation to Board Committee Project Manager: Elaina Cuzick Departments Involved/impacted: Operations, Planning Project Scope and Identifiable 1. Collect operational and fiscal information for similar sized Contingencies: equestrian operations at bay area park districts. 2. Prepare Draft Site Plan. 3. Draft more detailed policy statements than currently in draft Master Plan. 4. Investigate alternatives for continuing the operation of Bear Creek Stables at its current site. 5. Present data, analysis, and preferred alternatives to Board Committee for endorsement. Contingencies: 1. Historical assessment of buildings on the property by Planning could affect the timing and scope of the project. 2. Site assessment may identify potential constraints on horse facility. Previously approved Key Project Bi-Annual Contractor Bid Process—delayed to FY 2010-11 modified/delayed/deleted due to this Property Management Software —delayed to FY 2010-11 addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key Project") Budget Estimate: $8,500 for Consultant Services Funds needed for this project: Milestones by FY Quarter: Q4 - Scope Items 1 & 2: January Q4 - Scope Item 3: February Q4 - March Scope Items 4 & 5: Project Completion Quarter: 4 th quarter of FY 2009-10 FY 2009-10 Midyear Ak i Plan Changes— New Key Project Dept: Real Property Project: Cooley Landing Public Access Project, Ravenswood Open Space Preserve Priority: 3 Program: Land Protection, Property Management Core Function: B. Provide comprehensive land conservation planning and strategic analysis to guide the land purchase program E. Manage the District's real property assets and revenue- producing activities. Purpose: To work in partnership with the City of East Palo Alto to make the Cooley Landing peninsula available for public access. Project Manager: Planning (Lead) Project Team Member: Sandy Sommer, Senior Real Property Planner Departments Involved/impacted: Planning, Real Property, Operations, Legal Services Project Scope and Identifiable • Work with the Planning Department to refine options regarding Contingencies: City of East Palo Alto use of District land on the Cooley Landing Peninsula. • Act as Property Negotiator in continued discussions with City of East Palo Alto. • Work with Legal Department as needed to prepare documents needed to effectuate any real estate transactions resulting from the project. Identifiable contingency: Dependent on actions of City of East Palo Alto. Previously approved Key Project Project will be absorbed into Real Property's workload. Delay to mod ified/delayed/deleted due to this previously approved Key Projects will be experienced depending addition (if applicable): upon the amount of staff time required for this project. Budget Estimate: (Refer to budget estimate in Planning Department Action Plan) Funds needed for this project: Milestones by FY Quarter: (Refer to Planning Department Action Plan) Project Completion Quarter: (Refer to Planning Department Action Plan) FY 2009 10 Midyear Ak Plan Changes Key Project ParticiDation Dept: Real Property Project: District-Wide Staff Facilities Planning Study Priority: 3 Program: Land Protection Core Function: B. Provide comprehensive land conservation planning and strategic analysis to guide the land purchase program Purpose: To develop a long-term planning study for new staff facilities that prioritizes each major improvement and includes a tentative timeline, phasing, and expected costs. Project Manager: Planning (Lead) Project Team Member: Sandy Sommer, Senior Real Property Planner (for Real Property) Departments Involved/impacted: Planning, Operations, Real Property Project Scope and Identifiable • Provide location and cost information regarding possible new land Contingencies: purchases which provide for potential staff facility sites. • Provide location and cost information on potential non-District structures or facilities that could serve as interim staff facilities. Previously approved Key Project Project will be absorbed into Real Property's workload. Delay to mod ified/delayed/deleted due to this previously approved Key Projects will be experienced depending addition (if applicable): upon the amount of staff time required for this project. Budget Estimate: (Refer to budget estimate in Planning Department Action Plan) Funds needed for this project: Milestones by FY Quarter: (Refer to Planning Department Action Plan) Project Completion Quarter: (Refer to Planning Department Action Plan) FY 2009 10 Midyear A� i Plan Changes— New Key Proffiec Dept: Real Property New Key Project: The Hawthorne's Property Transfer, Windy Hill Open Space Preserve Priority: 1 Program: New Land Additions Core Function: A. Purchase new open space lands at desirable prices. E. Manage District's real property assets and revenue- producing activities. Purpose: Work with Trustees of the Wood s Estate to transfer property to District. Project Manager: Michael Reeves, Real Property Specialist Departments Involved/Impacted: Operations, Planning, Legal, Public Affairs Project Scope and Identifiable The Board approved acceptance of a gift of the Hawthornes Contingencies: Property on April 26, 2006. The gift transfer involved two parcels at two different times. The undeveloped parcel transfer first, and the developed parcel would be transferred after the death of the beneficiary of the Trust. The beneficiary's interest in the improved parcel was disclaimed earlier this year. Therefore, the entire property will be transferred to the District. • Work with Trustees on form and timing of property transfer, site clean up and vacancy of structures. • Identify caretaker or employee to provide site security. • Work with Operations and Planning to initiate site assessments, resource inventories to inform short term management and future planning, identify operation and management costs, responsibilities and departmental impacts. • Identify and meet with community interest groups and potential partners including neighbors, Town of Portola Valley, Peninsula Open Space Trust and San Mateo County Historical Society to identify trail connections and discuss renovation of the historic Woods residence. Previously approved Key Project 0 Bi-Annual Contractor Bid Process modified/delayed/deleted due to this 0 Property Management Software addition (if applicable): 0 Design Review of Proposed Site Improvements on Stringer Private In-holding at Russian Ridge OSP Budget Estimate: Staff Time Funds needed for this project: Milestones by FY Quarter: Property transfer contingent upon site clean up, tenant vacancy and Trust timetable estimated at FY 2009-10 Q4 Project Completion Quarter: FY 2009-10 Q4 or FY 2010-11 Q 1 FY 2009-10 Midyear A i Plan Changes Key Project Participation Dept: Real Property Project: District-Wide Strategic Plan (Participation in Strategic Working Group and Principal Strategic Team) Priority: 1 Program: Land Protection Core Function: B. Provide comprehensive land conservation planning and strategic analysis to guide the land purchase program Purpose: (Refer to Administration Department Action Plan) Project Manager: Administration (Lead) Project Team Member: Sandy Sommer, Senior Real Property Planner(for Real Property) Departments Involved/Impacted: Administration, Planning, Operations, Public Affairs, Legal, Real Property (Strategic Working Group for Plan Development) Project Scope and Identifiable (Refer to Administration Department Action Plan) Contingencies: Previously approved Key Project Project will be absorbed into Real Property's workload. Delay to mod ified/delayed/deleted due to this previously approved Key Projects will be experienced depending addition (if applicable): upon the amount of staff time required for this project. Budget Estimate: (Refer to Administration Department Budget Estimate) Funds needed for this project: Milestones by FY Quarter: (Refer to Administration Department Action Plan) Project Completion Quarter: (Refer to Administration Department Action Plan) FY 2009-10 Midyear A� i Plan Changes— New Key Pro*ec Dept: Real Property New Key Project: Saratoga to Skyline Sanborn Land Purchase Project Priority: 2 Program: New Land Additions Core Function: A. Purchase new open space lands at desirable prices. C. Oversee the District's conservation easement monitoring program. E. Manage District's real property assets and revenue- producing activities. Purpose: Partner with the City of Saratoga and Santa Clara County Parks to purchase Surplus County Roads Property to provide open space and trail corridor between the City of Saratoga and Skyline Sanborn County Park Project Manager: Michael Williams, Real Property Manager Departments Involved/impacted: Planning, Legal Project Scope and Identifiable 0 Coordinate and work with City and County on three party Contingencies: purchase of County surplus land. • Assist City and County with drafting transaction documents to complete property purchase to be owned by the City. • Draft conservation easement over property to be held jointly by County Parks and District. Previously approved Key Project 0 Bi-Annual Contractor Bid Process mod ified/delayed/deleted due to this 0 Property Management Software addition (if applicable): 0 Design Review of Proposed Site Improvements on Stringer Private In-holding at Russian Ridge OSP Budget Estimate: Staff Time Funds needed for this project: Milestones by FY Quarter: Property transfer contingent upon other agencies and District Board approval in FY 2010-11 Project Completion Quarter: FY 2009-10 Q4 or FY 2010-11 Q 1 FY 2009-10 Midyear X, i Plan Changes— New Key Project Dept: Real Property Project: 330 Distel Circle Building Maintenance Priority: 1 Program: Property Management Core Function: E Manage District's real property assets and revenue-producing activities, maximizing rental income consistent with Open Space Management policies, working with Operations and Planning Departments to implement grazing and agricultural leases, assessing viability of retaining structures or make recommendations to the Board for their disposition. Maintain a relocation assistance program utilizing staff and consultants as necessary. Purpose: Oversee and manage the ongoing and regular maintenance and repair of the Distel Office space facilities. Project Manager: Elaina Cuzick Departments Involved/impacted: Administration for budget, Planning for CIP improvements Project Scope and Identifiable • Meet with Administration and Planning to clarify roles and Contingencies: processes • Understand current maintenance items outstanding • Understand new maintenance items from remodel. • Present to all staff process for submitting maintenance requests Previously approved Key Project Bi-Annual Contractor Bid Process—delayed to FY201 0-11 mod ified/delayed/deleted due to this Property Management Software— delayed to FY201 0-11 addition if applicable): Budget Estimate: Budgeted in Administration for FY2009-1 0 Funds needed for this project: Milestones by FY Quarter: FY2009-1 0 Q4 Project Completion Quarter: FY2009-1 0 Q4 X, ADMINISTRATION DEPARTMENT i � I FY 2009-10 Midyear Action Plan —New Key Project Dept: Administration Midyear Submittal New Key Project: Commuter Check Program —open to participation by all FT/PT benefitted District employees Priority: 1 Program: Human Resources Core Function: C—Administer human resources department and enhance work environment Purpose: To enable employees to purchase transit and parking passes on a pre-tax basis. Secondary purpose: to help increase employee retention and attraction, encourage use of public transportation, and improve our carbon footprint (consistent with the District's Mission). Project Manager: Sonya Morrison Project Scope and Identifiable Under the IRS tax code 132(f), employees can put aside $230 for transit Contingencies: costs and $230 for parking costs per month on a pre-tax basis (redeemable with over 35 public transport providers). Initial set up requires coordination with accounting, our payroll administrators and the Commuter Check Program administrators to set-up payroll deductions and create an online profile for each participating employee. Employees elect their monthly withholding amount. The HR Technician places the orders online and coordinates with payroll for bi-weekly deductions from employees' paychecks. Delivery is either as a voucher (redeemable at any staffed outlet for transit passes) or a protected MasterCard (for redemption at a vending machine). Note: This project was based on an employee idea submittal to the T3 (Team Think Tank) Innovation Program, The T3 Team reviewed, evaluated and approved the idea for submittal to the Management Team, which then approved the concept for submittal in the Midyear Action Plan. This idea was submitted to T3 Innovation Program by Tina Hugg of the Planning Department. Previously approved Key Project N/A modified/delayed/deleted due to this addition (if applicable) Budget Estimate: Annual administrative cost for 10 employees: $315/year ($26.26/month) Funds needed for this project: for all 10 staff. Administration costs are 3.5% of the total monthly order, payable to Accor Services Commuter Check Program. A preliminary survey estimates approximately 10 employees will participate at first, with a total commuter check order of about$750/month. Participation is expected to increase with time. Milestones by FY Quarter: All set-up will be completed in 04. Project Completion Quarter: 04— FY2009-10 X7 LEGAL SERVICES DEPARTMENT zs FY 2009-10 Midyear Ac n Plan Changes— New Key Project Legal New Key Project: The Hawthorne's Property Transfer, Windy Hill Open Space Preserve Priority: 1 Program. Legal Services Core Function: E. Prepare and review District legal documents and provide legal advice to accomplish Board and Department objectives Purpose Work with Trustees of the Woods Estate to transfer property and endowment funds to District. Project Manager: Real Property (Lead) Project Team Member: Susan Schectman, General Counsel I Departments Involved/impacted: Real Property, Operations, Planning, Public Affairs Scope t Pro nIdentifiable j c S pea d On April 26, 2006, the Board approved acceptance of a gift of the PP P Contingencies: Hawthorne's Property. The gift structure anticipated two parcels to be conveyed at two different times. The beneficiary's interest in the second parcel was disclaimed earlier this year. Therefore, the entire property will be transferred to the District and in a shorter time frame than anticipated. • Work with Real Property on the form and timing of property transfer , site clean up, vacancy of structures, and establishing site security by on-site resident/caretaker. • Work with estate trustees on transfer of monetary endowment for operation and maintenance of the property. • Work with Operations and Planning as needed regarding renovation of the historic residence on site. Previously approved Key Project . Bi-Annual Contractor Bid Process modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Chan e to t e' Pro ect' Budget Estimate: Staff Time Funds needed for this project: Milestones by FY Quarter: Date of property transfer contingent upon site clean up, tenant vacancy and a timetable acceptable to the trustees of the estate. Estimated at FY 2009-10 Q4 Project Completion Quarter: FY 2009-10 Q4 or FY 2010-11 Q1 as stir; FY 2009-10 Midyear A,, ,a Plan Changes— New Key Proieci Legal II Project: Cooley Landing Public Access Improvements Project Priority: 1 Program: Legal Services Core Function: F. Provide advice on legal requirements applicable to District operations H. Represent District's legal interests in matters involving other government agencies or outside parties Purpose: To work in partnership with the City of East Palo Alto to develop a conceptual site plan for the Cooley Landing Peninsula. Project Manager: Planning (Lead) Project Teem Member: Duncan Simmons, Assistant General Counsel Departments involved/impacted: Planning, Operations Project Scope and Identifiable Advise Planning Department in discussions with City of East Palo Contingencies: Alto to review proposed uses and development of aconceptual public access site plan for the peninsula consistent with the District's obligations to protect adjacent clapper rail habitat at Ravenswood Open Space Preserve • Provide legal assistance as needed to review and prepare documents. Identifiable contingency: Schedule is dependent on City of East Palo Alto. Previously approved Key Project N/A modified/delayed/deleted due to this addition if applicable): Effect on other project approved In adopted FY2009-10`Action Plan shown on separate project sheet--- "Change to Key Project" Budget Estimate: $25,000 in Planning Department Budget Funds needed for this project: Milestones by FY Quarter: Q3 Nov 2009 Advise Planning Department on collaborative design consultant selection Q4 Jan — Mar 2010 Advise Planning Department on review of consultant findings and recommendations Project Completion Quarter: TBD 3© FY 2009-10 Midyear Action Plan Changes— New Key Project Legal New Key Project: Agricultural Policy Implementation Guide Priority: 1 Program Legal Services Core Function: F. Provide advice on legal requirements applicable to District operations H. Represent District's legal interests in matters involving other government agencies or outside parties Purpose: To develop a strategy for purchasing and managing agricultural lands throughout the District, consistent with existing policies in the Service Plan for the Coastal San Mateo County Area and other District policies Project Manager: Planning (Lead) Project Team Member: Susan Schectman, General Counsel Departments Involved/impacted: Planning, Operations, Real Property Project Scope and Identifiable • Advise Planning Department in integrating agricultural Contingencies: policies from Coastal Service Plan, Resource Management Policy, and additional District documents into comprehensive Agricultural Policy Implementation Guide • Present Draft Implementation Guide to Board for review and consideration; assist if revisions needed Previously approved Key Project N/A modified/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to KeI Project) Budget Estimate: Staff time Funds needed for this project: Milestones by FY Quarter: Q3 Nov 2009 Initiate development of Agricultural Policy Implementation Guide Q4 Mar 2010 Present Draft Implementation Guide to Board for review and consideration; assist if revisions needed Project Completion Quarter: Q1 FY 2010-11 31 FY 2009-10 Midyear Action Plan Changes— New Key Project Legal New Key Project: Driscoll Ranch Pond DR06 Repair Priority: 1 Program: Legal Services Core Function: E. Prepare and review District legal documents and provide legal advice to accomplish Board and Department objectives Purpose: To repair and enhance a failing pond that serves as a California red- legged frog habitat and as a cattle watering source. Project Manager: Planning (Lead) Project Team Member: Duncan Simmons, Assistant General Counsel Departments Involved/Impacted: Planning Project Scope and Identifiable Assist Planning in obtaining County and Resource agency permits, Contingencies: preparing bid package, conducting bid process, and award of construction contract Previously approved Key Project N/A mod fled/delayed/deleted due to this addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key ETject' Budget Estimate: $35,000 in Planning Department Budget Funds needed for this project: Milestones by FY Quarter: Q3 Mar 2009 Secure permits and complete bidding process to prepare for summer construction Project Completion Quarter: Q1 FY 2010-11 3--- i OPERATIONS DEPARTMENT 33 FY 2009-10 Midyear Action Plan Adjustments— New Key Project Dept: Operations i' New;Key Project: 20 Year Facilities, Staffing and Capital Equipment Plan Priority: 1 Program: Field Operations Core Functions: B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures Purpose:` Work with the Planning Department to start the process of creating a 20 Year Facilities, Staffing and Capital Equipment Plan to provide direction for the construction of new District facilities to meet the current of future needs of District staff. Project Manager: Planning (Lead) Project Team Member: David Sanguinetti (For Operations) Departments Involved/Impacted: Planning, Real Property Project Scope and Identifiable In response to the Board's request for a Facilities Strategic Plan, Contingencies: start the process of developing a 20 Year Facilities, Staffing and Capital Equipment Plan for Operations. Utilize the information developed in the Operations Leadership Retreat as part of the process. Work with Planning to utilize this information, along with site knowledge and knowledge of field staff needs, to develop a plan for the enhancement of current District facilities, and for the establishment of a south area and a coastal field facility. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities for this fiscal year. Impact on administrative functions, as addition (if applicable):) well as patrol and maintenance projects will be experienced depending on the amount of staff time required for this project. Budget Estimate: No immediate funding required in FY 2009-2010. Additional Funds needed for this project: funding/staff support may be requested in future years for assistance with creation of the Plan depending upon the scope and nature of the project. Milestones'by FY Quarter: Project timeline will be agreed upon with Real Property and Planning departments. Project Completion Quarter Project schedule to be developed in cooperation with the Planning department. FY 2009-10 Midyear Action Plan Adjustments— New Key Project Dept: Operations New Key Project: Lower Purisima Creek Redwoods OSP Parking Area Improvements Priority: 1 Program: Field Operations B. Provide for public protection, safety and access Core Function' C. Construct, maintain, and repair District trails and structures Purpose: Work with Planning dept. to respond to neighbor concerns regarding parking. The parking lot currently holds six vehicles. As many as 40 vehicles have been known to park in the area. Project Manager: Planning (Lead) Project Team Member: Brian Malone (for Operations) Departments Involved/impacted Planning Project Scope and identifiable Work with the Planning dept. to develop potential solutions and to Contingencies: `` research the feasibility of increasing the available parking and increasing signage in the area to better control parking. If necessary and appropriate, increase parking enforcement in the area. Previously approved Key Project This project is being absorbed into Operations functions. Other modified/delayed/deleted due to this routine activities, such as patrols to other preserve areas, will be addition (if applicable): affected. Budget Estimate: Unknown. Depends upon solution which is decided upon. No Funds needed for this project: immediate impact for the balance of fiscal year 2009/2010. Milestones by FY Quarter: 04 - Develop and research potential solutions and provide suggested solution to the General Manager. Project Completion Quarter: Project schedule to be developed in cooperation with Planning and Real Property departments, and is dependant upon Coast Commission decisions. 3� FY 2009-10 Midyear Action Plan Adjustments— New Key Proiect Dept: Operations New Key Project: Agricultural Policy Development Priority: 2 Program: Field Operations Resource Management Core Functions: A. Act as the frontline "Face of the District," when performing visitor service duties D. Provide field resource management services E. Protect natural resources Purpose: Develop and revise District Agricultural Policies Project Manager: Planning (Lead) Project Team Member: Clayton Koopman (for Operations) Departments Involved/impacted Planning, Real Property Project Scope and Identifiable Support the Planning dept. in the development and updating of Contingencies: District agricultural policies. Provide support and expertise for public meetings and other events as requested. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects will be addition (if applicable): experienced depending on the amount of staff time required for this project. Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: will be requested in future years, depending upon the scope and nature of the agreed upon plan. Milestones by FY Quarter Project timeline will be agreed upon with Planning department. Project Completion Quarter: Project schedule will be developed by Planning department. 94 i FY 2009-10 Midyear AL a Plan Adjustments— New Key Prt Dept: Operations Project: Bear Creek Stables Analysis Priority: 2 Program: Field Operations I Core Functions: A. Act as the frontline "Face of the District," when performing visitor service duties B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures Purpose: Creation of a Site and Implementation Plan for possible long term lease of the Bear Creek Stables. Coordinate with the Master Plan. Project Manager: Real Property (Lead) Pr Team Mm Project Member: Michael Newburn (for Operations) I Departments Involved/impacted Real Property, Planning Project Scope and Identifiable Work with Planning and Real property. Assist with site expertise, Contingencies: and provide input. Assist with the public meeting process. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects will be addition (if applicable): experienced depending on the amount of staff time required for this project. Staff may be reallocated from existing projects. Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: will be requested in future years, depending upon the scope and nature of the agreed upon plan. j Milestones by FY Ouarter: Project timeline will be agreed upon with Real Property and Planning departments. Project Completion Ouarter: Project timeline will be set by the Real Property department A FY 2009-10 Midyear Aciion Plan Adjustments— New Key Pro _ Dept: Operations New Key Project: Cooley Landing Development Review Priority: 2 Program: Field Operations Core Functions: A. Act as the frontline "Face of the District," when performing visitor service duties B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures E. Protect natural resources Purpose: Support the Planning dept. to review proposed plans and proposals for the Cooley landing area. Project Manager: Planning (Lead) Project Team Member': Michael Newburn (for Operations) Departments Involved/Impacted Planning, Real Property Project Scope and Identifiable Work with the Planning dept. to review from the City of proposals Y Contingencies East Palo Alto to make improvements to the access and facilities at the Cooley Landing/Ravenswood area. Conduct site tours, and provide information about the adjacent sensitive marsh environment. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects will be addition (if applicable): experienced depending on the amount of staff time required for this project. Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: will be requested in future years, depending upon the scope and nature of the agreed upon plan. Milestones by FY Quarter Attendance at meetings and presentation of information will be coordinated with Planning. Project Completion Quarter: Project timeline to be created in cooperation with the Planning department. Time frame will be partially dependant upon the environmental review process. 3 •i; FY 2009-10 Midyear Action Plan Adjustments— New Key Proiect Dept: Operations New Key Project: Mountain Bicycling Damage Response Prl rit : 2 Program: Field Operations Resource Management Core Function: A. Act as the frontline "Face of the District," when performing visitor service duties B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures D. Provide field resource management services E. Protect natural resources F. Restore natural resources Purpose: Repair damage caused b mountain bicyclists 9 Y Y I' Pro ect Manager: Brian Malone and Michael Newburn Departments Involved/impacted Public Affairs Project Scope and Identifiable Provide a concerted effort to repair damage already caused by Contingencies: inappropriate mountain bike use on District trails. Repair and revegetate damaged areas. Educate the bicycling community through outreach efforts and signage about the negative effects of riding up banks ("eyebrows") and excessive speed. Have a strong enforcement campaign directed towards violators who create resource damage. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects, and perhaps addition (if applicable): some resource management projects, will be experienced depending on the amount of staff time required for this project. Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: will be requested in future years, depending upon the scope and nature of the agreed upon plan. Milestones by FY Quarter: 04—Create plan to be implemented with the start of the 2010 mountain bicycling season. Project Completion Quarter: Efforts may become an ongoing project. Initial damage repairs estimated to be repaired by Q3 FY2010-11. :w FY 2009-10 Midyear Action Plan Adjustments— New Key Project Dept: Operations New Key Project: Apple Orchard/Stevens Canyon Ranch Priority: 3 Program: Field Operations Cure Functions: A. Act as the frontline "Face of the District," when performing visitor service duties B. Provide for public protection, safety and access E. Protect natural resources Purpose: To maintain an existing fruit tree orchard following the transfer of the project from POST (Peninsula Open Space Trust), and to search for an individual or organization willing to take over management of the property. Project Manager: Real Property (Lead) Project Team Member: Brian Malone (For Operations) Departments Involved/impacted `' Real Property, Public Affairs Project Scope and Identifiable Do the necessary maintenance work to ensure a safe environment Contingencies: ` and to protect the health of the trees. Contact other organizations and individuals who might be interested in assuming management of the orchard. I Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects will be addition (if applicable): (Effect can other experienced depending on the amount of staff time required for this project approved in adapted FY2009-10 project. Action Plan shown on separate project sheet--- "Change to Ke Protect) Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: for staffing may be requested in future years, depending upon the scope and nature of the impact. Milestones by FY Quarter: Maintenance work was done in 02 and Q3. Public Affairs is the lead department. Project Completion Quarter: Project schedule is dependant upon success in finding an alternative to District management of the orchard. �4 i ,y FY 2009-10 Midyear Action Plan Adjustments— New Key Project Dept: Operations New Key Project: Hawthorne's Property Transfer Priority: 3 Program Field Operations A. Act as the frontline "Face of the District," when performing Core Functions: visitor service duties B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures Purpose: Work with Real Property dept. on the earlier than anticipated transfer of the Hawthorne Property to District management Project Manager: Real Property (Lead) Project Teem Member: Brian Malone (for Operations) Departments Involved/Impacted Real Property, Planning Project Scope and Identifiable Work with Real Property dept. on the District's acceptance of the Contingencies:, Hawthorne Property buildings and trails gift. Specific tasks include: resource inventory, data collection, site assessments, site security. Previously approved Key Project Project will be absorbed into Operations' other projects and ongoing modified/delayed/deleted due to this activities. Impact on patrol and maintenance projects will be addition (if applicable): experienced depending on the amount of staff time required for this project. Budget Estimate: No immediate funding required in FY 2009-2010. Additional funding Funds needed for this project: will be requested in future years, depending upon the scope and nature of the agreed upon plan. Milestones by FY Quarter: Project timeline will be agreed upon with Real Property. Site security will be an immediate area of focus. Project Completion Quarter: Q4 in Fiscal Year 2010-2011 I 41 i . FY 2009-10 Midyear Ac..4n Plan Adjustments— New Key Prc _ Dept: Operations New Key Project: Alpine Pond Management I Priority: 3 Program: Resource Management Core Function: - B. Provide for public protection, safety and access C. Construct, maintain, and repair District trails and structures E. Protect natural resources F. Restore natural resources Purpose: Determine feasibility of draining Alpine Pond to eliminate non-native fish; develop detailed plans and specifications for building interpretive trails, boardwalks and viewing platforms. Project Manager: Lisa Bankosh Departments Involved/Impacted Planning Project Scope and Identifiable With engineering consultant, develop methods, regulatory approach, Contingencies:; and physical and financial feasibility of draining Alpine Pond to Y tY 9 P eliminate non-native fish and develop suitable habitat for native pond species. Research and apply for grants to fund pond restoration and interpretive infrastructure. With consultant team, start development of detailed plans and specifications for interpretive trails, boardwalks and viewing platforms. Completion of plans, receipt of funding, and installation of structures expected to occur in future years. Previously approved Key Project Other adopted FY2009-10 projects have been completed on time modified/delayed/deleted due to this and under budget to allow addition of this new project. addition (if applicable): (Effect on other project approved in adopted FY2009-10 Action Plan shown on separate project sheet___ "Chan a to Ke Pro ect' Budget Estimate: $41,250 for work to be completed in remainder of FY2009-10. Funds needed for this project: Funds will be transferred from within program accounts. Milestones and estimated FY quarter By end of FY2009-10 Q4, feasibility study and grant applications will for completion of each milestone(i.e. be completed, and consultant team will have developed 50% level of FY2009-10 01, 02, etc.) detailed plans and specifications. Project Completion Quarter: FY 2010-11 Q4 FY 2009-10 Midyear At. a Plan Adjustments— New Key Prc Dept: Operations Project: Weed Database Priority: 3 Program: Resource Management Core Function: F. Restore natural resources Purpose: Update weed database to provide new automatic functions. Project 9c na r•o e t Manager:e . Lisa Bankosh Departments Involved/impacted None E Project Scope and Identifiable Work with consultant to modify weed database software to Contingencies: automatically provide new reports. Previously approved Key Project mbdified/delayed/deleted due to this Other adopted FY2009-10 projects have been completed on time addition (if applicable): (Effect on other and under budget to allow addition of this new project. project approved in adopted FY2009-10 Action Plan shown on separate project sheet--- "Change to Key Project' Budget Estimate: $5,000 Funds needed for this project: Milestones and estimated FY quarter Software updated by end of FY2009-10 Q4 for completion of each milestone (i.e. FY2009-10 01, 02, etc.) Project Completion Quarter: FY2009-10 Q4 f3 I ' Midpeninsula Regional ' Open Space District r i R-09-121 Meeting 09-30 November 18, 2009 AGENDA ITEM 7 AGENDA ITEM Approval of a New Position of District Clerk in the Administration Department and Amending Fiscal Year 2009-10 Position Classification and Compensation Plan. GENERAL MANAGERS RECOMMENDATION Approvep the New Position of District Clerk in the Administration Department and Amend the Fiscal Year 2009-10 Position Classification and Compensation Plan Accordingly. SUMMARY The Administration/HR Manager position currently includes the job duties of the District Clerk. The responsibilities of the Administration/HR Manager have become so broad that the ability to perform critical duties simultaneously, including labor negotiations and Board elections, is no longer feasible. Creation of a dedicated,professional District Clerk will ensure continuity in addressing all Board-related matters and relieve the Administration/HR Manager of functions not typically included in the duties of that classification. DISCUSSION The District Clerk duties have been the responsibility of the Administration/HR Manager since 1992 and are included in that job classification. The Administration/HR Manager is also responsible for a wide range of other support services including human resources, accounting, risk management for safety and workers' compensation, information technology and general office administration. Recruitment for the Administration/HR toistration/HR Manager position has i be difficult due to the broad range of disciplines included under this position. This broad position was carried forward from a time when the District was smaller, but as the District has grown, discreet disciplines that require specialized knowledge need to be split apart to ensure responsiveness and organizational effectiveness. Having the responsibility for both labor negotiations during a contract year and full Board meeting support during an election year continue to reside in a single position is not recommended. In November 2010, four members of the Board of Director will be up for reelection. This will entail coordination with two counties and the requirements for both are extensive and legally required. The District preparation for the election process begins in February 2010. The labor agreement with the District Field Employee's Corporation expires on March 31, 2011. R-09-121 Page 2 Preparations for the negotiation process will also be very time consuming and will begin in March2010. It is essential that these two critical District functions proceed simultaneously. Creation of a new District Clerk position will ensure professional attention to both the bi-annual election cycle and day-to-day Board-related functions, including retention of records, handling Public Records Act requests, compliance with the Ralph M. Brown Act and meeting Fair Political Practices Commission requirements. Separating the District Clerk duties from the Administration/HR Manager position will also make it easier to both recruit and retain staff in both positions. If approved, recruitment for the District Clerk will begin in November 2009 with an anticipated new employee start date of February 1, 2010. FISCAL IMPACT Salqa Comparison The salary comparison for proposed position drawn from the BAERS database(Table 1) and was set at the level of the Principal Management Analyst to maintain internal equity. Table I — District Clerk Salary Comparison Agency Job Class Min Max Comment Unit Los Altos City Clerk 0 9,798. Division head, Unrepresented—Misc. reports to the City Executive Management Manager. Sunnyvale City Clerk 8,251. 9,707. Division head in Unrepresented—Misc. the CM office. In Executive and addition to base Confidential pay, employee Management receives a 3.5% confidential remium. Cupertino City Clerk 7,677. 9,332. Division head. Unrepresented—Misc. Reports to the Mid-Management and Director of Confidential Administrative Services Los Gatos Clerk 0 9,421. No wage Unrepresented—Misc. Administrator adjustment from Mid-Management 8/25/08 through 6/30/10. MROSD District Clerk 6,727. 8,632. New position in Unrepresented—Misc. FY2009-1 0. Mid-Management and Reports to GM. Confidential EBRPD Clerk of the 6,034. 7,699. Not a dept. head. Unrepresented—Misc. Board Also eligible to Management and Non- receive 3 merit Management increases of 5%. Annual Costs R-09-121 Page 3 The cost to fund the District Clerk position for the remainder of FY2009-1 0 would be $18,836 for two months of salary and benefits. These costs have been included in the FY2009-1 0 mid- year budget. The annual salary and benefits costs of the proposed District Clerk position(Table 2) range from $80,721 at the, entry level to $103,118 at top step, which is typically reached after five years in the position. Table 2 — District Clerk Annual Cost Salary $ 80,724 (min salary) $ 103,584 (max salary)_ Benefits 32,290 41,434 Total $ 113,014 $ 145,018 Going forward, staff would add the additional cost of this new position into the FY2010-11 base budget and successive budget years thereafter. PUBLIC NOTICE Public notice was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act. NEXT STEPS Amend the FY2009-10 Position Classification and Compensation Plan and immediately begin recruitment for the position. Attachments: 1. Resolution 2. District Clerk Job Description 3. Amended FY2009-10 Position Classification and Compensation Plan Prepared by: Annetta Spiegel, Human Resources Analyst Contact persons: Annetta Spiegel, Human Resources Analyst Stephen E. Abbors, General Manager RESOLUTION NO. 09- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A NEW POSITION OF DISTRICT CLERK IN THE ADMINISTRATION DEPARTMENT AND AMEND THE FISCAL YEAR 2009-10 POSITION CLASSIFICATION AND COMPENSATION PLAN TO REFLECT THE ADDITION OF THE NEW CLASSIFICATION WHEREAS, the District's Position Classification and Compensation Plan shall be adopted and may be amended by the Board of Directors; and WHEREAS,the Board of Directors has approved a New Position in the Administration Department, and an amendment to the Fiscal Year 2009-10 Position Classification and Compensation Plan reflecting the classification; NOW THEREFORE BE IT RESOLVED that the Board of Directors hereby amends the Fiscal Year 2009-10 Position Classification and Compensation Plan effective November 18, 2009 as noted in Appendix B. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DISTRICT CLERK Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. JOB OBJECTIVES Under general direction, attends District Board meetings, records and maintains the District Board's official actions, including ordinances and resolutions; is responsible for the management of official District documents and records; ensures that public information is accessible; provides administrative services to the Board and General Manager; conducts District elections; oversees assembly and distribution of Board packets, reports and related documents; and performs a variety of duties relative to assigned area of responsibility. DISTINGUISHING CHARACTERISTICS The District Clerk is a single position classification responsible for coordinating services in support of the District Board and other District committees. This position reports to the General Manager. EXAMPLES OF IMPORTANT RESPONSIBILITIES The following tasks are typical for this classification. This position may not perform all of these tasks and/or may perform similar related tasks not listed here: ■ Attends all regular and standing meetings of the District Board of Directors and records and prepares written minutes for Board approval. ■ Certifies ordinances, resolutions, agreements and other official documents and administers oaths; is custodian of the District seal. ■ Maintains official District records, establishes District records management procedures; ensures compliance with a wide variety of laws pertaining to public records, including record retention. ■ Notices, advertises and calendars public hearings; and prepares a variety of other notices in accordance with District, state and federal law, and policies and procedures. ■ Receives and tracks all Public Records Act requests, and coordinates responses. ■ Responsible for ensuring the assembly and distribution of Board packets, agendas, and reports and related documents in compliance with the Ralph M. Brown Act and all applicable laws. ■ Types, proofreads, and edits a wide variety of comprehensive, complex and confidential reports, letters, memoranda, correspondence and statistical charts; reviews finished materials for completeness, accuracy, format and compliance with applicable policies and procedures. • Oversees and reviews Deputy District Clerk's work to ensure compliance with established policies and procedures relating to the Board packet process. ■ Responsible for ensuring compliance with the regulations of the Fair Political Practices Commission. ■ Plans, organizes and conducts District elections in accordance with state and local election laws; and processes candidate election filing materials. i ■ May act as Notary Public. ■ Monitors and maintains current knowledge of developments related to Clerk matters; evaluates their impact upon District operations and recommends policy and procedural improvements. ■ Researches, compiles and analyzes data for a variety of special projects and assignments. ■ Establishes and maintains open communication with all staff and members of the Board of Directors; and coordinates activities and work cooperatively in a collaborative manner. MIDPENINSLILA REGIONAL OPEN SPACE DISTRICT District Clerk (Continued) ■ Performs other related duties as assigned. QUALIFICATIONS Knowledge of: Functions and responsibilities of an elected Board of Directors. Ralph M. Brown Act. Election procedures. Fair Political Practices Commission requirements. California Public Records Act. Standard office administrative practices and procedures. Document imaging, statistical analysis, and electronic document and records management. English usage, including spelling, grammar, punctuation, written composition, and oral communication. Staff supervision and evaluation techniques. Research techniques. Ability to: Understand the organization and operation of the District as necessary to assume assigned responsibilities. Operate equipment including fax, copiers, printers and computers and supporting MS Office applications. Manage the District-wide agenda and packet process. Oversee Deputy District Clerk/Office Manager. Prepare clear, concise and complete documentation, agendas, minutes, reports and correspondence. Work effectively in time-sensitive situations to meet deadlines; coordinate multiple projects and complex tasks simultaneously. Research, analyze and interpret complex documents, administrative procedures and regulations, and legal requirements; evaluate alternatives and adopt effective solutions. Develop policies, procedures and internal controls. Plan, organize and coordinate District elections. Communicate clearly and concisely both in writing and orally. Use tact and discretion in developing and maintaining effective working relationships with those contacted in the course of work. Attend meetings outside normal work hours. Education and Experience Guidelines Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in Public Administration or a related field. Certification as a Municipal Clerk or participation in a program leading toward certification is preferred. Experience: At least four years of increasingly responsible experience in relavent and complex office administration, preferably in a public agency. Other Requirements: Maintenance of a valid California driver license and satisfactory driving record is required. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT District Clerk (Continued) PHYSICAL DEMANDS AND WORKING CONDITIONS The physical demands herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform these essential job functions. Environment: Office environment. MobilitSitting for prolonged periods of time; extensive use of computer keyboard. Vision: Visual acuity to read computer screens and written documents. Communication: Speaking and hearing to exchange information. Exempt November 2009 I Midpeninsula Regional Open Space District Proposed Classification and Compensation Plan Fiscal Year 2009/10 - Effective I IA8/09 Step Range Hourly:Range Monthly Range S Annual Range Classification Title Minimum Maximum Minimum Maximum Mmum Maximum Minimum Maximum Seasonal Open Space Technician 245.00 255.00 18.551 20.497 3,216 3,553 38,586 42,634 Receptionist/Administrative Clerk 252.00 277.00 19.893 25.527 3,448 4,425 41,377 53,096 Farm Maintenance Worker 265.00 290.00 22.647 29.062 3,925 5,037 47,106 60,449 Open Space Technician* 265.00 290.00 22.647 29.062 3,925 5,037 47,106 60,449 Accounting Clerk 267.00 292.00 23.104 29.647 4,005 5,139 48,056 61,666 Administrative Assistant 267.00 292.00 23.104 29.647 4,005 5,139 48,056 61,666 Assistant Program Coordinator 272.00 297.00 24.285 31.163 4,209 5,402 50,513 64,819 Lead Open Space Technician* 275.00 300.00 25.023 32.110 4,337 5,566 52,048 66,789 Ranger 276.00 301.00 25.274 32.432 4,381 5,622 52,570 67,459 Planning Technician 276.00 301.00 25.274 32.432 4,381 5,622 52,570 67,459 Training and Safety Coordinator 278.00 303.00 25.783 33.085 4,469 5,735 53,629 68,817 Human Resources Technician 278.00 303.00 25.783 33.085 4,469 51735 53,629 68,817 25.783 3'3.085 4 469 5 735 53 629 68 817 na er 278.00 �0�.00 , , Deputy District Clerk/Office Ma ,Dep y s g Docent Programs Coordinator 281.00 306.00 26.566 34.091 4,605 5,909 55,257 70,909 Network Specialist 281.00 306.00 26.566 34.091 4,605 5,909 55,257 70,909 Volunteer Coordinator 281.00 306.00 26.566 34.091 4,605 5,909 55,257 70,909 Equipment Mechanic/Operator 284.00 309.00 27.373 35.126 4,745 6,089 56,936 73,062 Senior Accounting Specialist 284.00 309.00 27.373 35.126 4,745 6,089 56,936 73,062 Open Space Planner 1 286.00 311.00 27.925 35.834 4,840 6,211 58,084 74,535 Resource Specialist I/Resource Planner I 286.00 311.00 27.925 35.834 4,840 6,211 58,084 74,535 Public Affairs Specialist 286.00 311.00 27.925 35.834 4,840 6,211 58,084 74,535 Communications Specialist 286.00 311.00 27.925 35.834 4,840 6,211 58,084 74,535 Website Content Coordinator 286.00 311.00 27.925 35.834 4,840 6,211 58,084 74,535 Maintenance&Resource Supervisor 291.00 316.00 29.353 37.666 5,088 6,529 61,054 78,345 1 2009.11.18_a4_District Clerk-Position Class&Comp Plan Amended for Board Approval_r_09-121 Step Range Hourly Range$ Monthly Range$ Annual Range$ Classification Title Minimum FMaximum Minimum Maximum Minimum Maximum Minimum I Maximum = Supervising Ranger 291.00 316.00 29.353 37.666 5,088 6,529 61,054 78,345 Real Property Specialist 301.00 326.00 32.432 41.617 5,622 7,214 67,459 86,563 GIS Coordinator** 301.00 326.00 32.432 41.617 5,622 7,214 67,459 86,563 Open Space Planner Il** 301.00 326.00 32.432 41.617 5,622 7,214 67,459 86,563 Resource Management Specialist** 301.00 326.00 32.432 41.617 5,622 7,214 67,459 86,563 Support Services Supervisor 301.00 326.00 32.432 41.617 5,622 7,214 67,459 86,563 Management Analyst 305.00 330.00 33.752 43.311 5,850 7,507 70,204 90,087 Senior Real Property Planner** 311.00 336.00 35.834 45.983 6,211 7,970 74,535 95,645 Senior Planner** 311.00 336.00 35.834 45.983 6,211 7,970 74,535 95,645 Senior Resource Planner/Senior Resource Management Specialist** 311.00 336.00 35.834 45.983 6,211 7,970 74,535 95,645 Area Superintendent 316.00 341.00 37.666 48.334 6,529 8,378 78,345 100,535 Principal Management Analyst 319.00 344.00 38.810 49.802 6,727 8,632 80,725 103,588 District Clerk 319.00 344.00 38.810 49:802 6,727 8,632 80,725 103588 Assistant General Counsel 326.00 351.00 41.617 53.404 7,214 9,257 86,563 111,080 Administration and Human Resources Manager 333.00 358.00 44.627 57.267 7,735 9,926 92,824 119,115 Operations Manager 333.00 358.00 44.627 57.267 7,735 9,926 92,824 119,115 Planning Manager*** 333.00 358.00 44.627 57.267 7,735 9,926 92,824 119,115 Public Affairs Manager 1 333.00 358.00 44.627 57.267 7,735 9,926 1 92,824 119,115 Real Property Manager 333.00 358.00 44.627 57.267 7,735 9,926 92,824 119,115 Assistant General Manager 351.00 376.00 1 53.404 68.530 9,257 11,879 111,080 142,542 Notes: Does not include Board appointee positions: General Manager,General Counsel and Controller. * OST will receive an additional 1%stipend for Class A or B license;Lead OST 1%for Class A. ** Will receive an additional 4%stipend for Masters degree in a related field. ***Will receive an additional 4%stipend for Landscape Architecture license used for District business. I 2 2009.11.18_a4_District Clerk-Position Class&Comp Plan Amended for Board Approval_r_09-121 Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: November 18, 2009 Re: Late FYIs I i II Midpeninsula Regional Release ' Open Space District For Immediate Date: Nov. 13,2009 Contact: Leigh Ann Maze(650)691-1200 MROSD board takes action on the La Honda Creek Open Space Preserve master plan Los Altos,California INov. 13,20091—The Midpeninsula Regional Open Space District's publicly- elected board of directors tentatively adopted a 30-year master plan for the La Honda Creek Open Space Preserve at their regular meeting last night. The master plan aims to balance the preservation of the natural environment, conservation grazing and cultural history with public education and low intensity recreation on the 5,759-acre preserve near the town of La Honda. The board took public comment for the third time on the master plan. About 25 members of the public attended the meeting, half of whom commented on the plan. The five board members present voted unanimously to support the second of two public access options created for the preserve as part of the master plan. Two board members were absent. The selected public access option includes the construction and upgrade of approximately 30 miles of trail, about one third of which will be open to multiple use including hiking, biking and horseback riding. On-leash dog access will also be considered on select trails. Public access will be implemented over 30 years,as funding allows. 1 "For local families and the public to enjoy the sight of cows and calves in the spring, walk in the wildflowers,or just take-in nature on horseback, on foot, or on a bicycle requires careful planning which we have done," said the District's General Manager Steve Abhors. "Healing the land and j constructing well-maintained roads and trails, fences, gates, signs, troughs and more still needs to be done." I The board's action last night allows the master plan to move into the environmental review phase, which will be released for public comment in early 2010. Final adoption of the master plan will occur during a public meeting at a later date. The master planning process began five years ago with extensive data collected on the plants, animals, water sources, ranch infrastructure, trails, roads and other features of the preserve. Community input was gathered through public meetings, land tours, interviews and focus groups. For more information read the board report,visit www.openspace.org or call(650)691-1200. Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected and managed nearly 60,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 363 days a year. The District is 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. II Interoffice Memorandum October 27, 2009 To: Stephen E. Abbors, General Manager From: David Sanguinetti, Operations Manager Prepared by: Gordon Baillie, Management Analyst—Operations Subject: Monthly Field Activity Summary—September, 2009 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Resisting peace officer I I Closed Area 3 6 Illegal fireworks/shots fired 0 10 Speed 0 2 Theft 0 1 Helmet 7 15 Possess/Cultivation marijuana 0 1 Night Riding 4 4 ACCIDENTS/INCIDENTS Dogs Bicycle accident 2 Prohibited area 5 9 Equestrian accident 0 Off-leash 9 14 Hiking/Running accident 3 Vehicles prohibited 0 0 Other first aid 2 Closed area 1 4 Search & Rescue I After hours 1 16 Vehicle accident I Fishing 0 0 LZ air evacuation I Vandalism 0 2 Fire 2 Parking 6 8 ENFORCEMENT Parking after hours 34 42 "Subject" citations j 33 Disabled parking 0 4 Parking citations 40 Dumping/Litter 1 5 Written warnings 28 Campfires 0 0 Arrests 0 Weapons Police assistance 2 Actual contact 0 0 Evidence of 0 0 MUTUAL AID Other: Accident 6 Smoking 2 2 Law Enforcement 2 Commercial filming 0 1 Fire (Acres) I Animal cremains 0 1 Fire (Vehicle) 0 LZ's for offsite I Occurrences of Special Interest Date: 5 District rangers responded to a vegetation fire at Almaden Quicksilver County Park. They were asked to assist with fire fighting, using a pumper and for visitor control. 6 A visitor to El Corte de Madera OSP tripped and fell while hiking in the closed area below the Sandstone Formation. The victim tumbled down a steep slope, coming to rest about 100 feet down. CALFIRE and SM Co Fire were dispatched to assist. They set up a hauling system to bring the patient up and then transported the victim by ambulance to Stanford Hospital. 6 At Fremont Older OSP, a trail conflict occurred between a hiker and an equestrian. The equestrian stopped the hiker and informed her that she is supposed to stop for horses. The hiker responded that she did not know that was the case. The equestrian then turned around and walked the horse up to the hiker and raised her riding crop in an aggressive manner. The hiker felt threatened and thought she was going to be pushed off the trail. The equestrian could not be found, but ranger contact was made with the staff at Garrod Stables regarding the event. 10 An auto burglary was reported in Purisima Creek OSP at the Redwood Trail trailhead. The victim reported that a purse with cash, keys, checkbook, field glasses, backpack and camera were stolen. The burglary was turned over to the San Mateo Sheriff Office. 10 An ongoing encroachment in the Stevens Canyon Ranch area of Saratoga Gap OSP was expanded. It includes numerous vehicles and debris. The issue was referred to Real Property for follow up. 11 In the Guadalupe Creek drainage of Sierra Azul OSP, a marijuana garden was eradicated by Santa Clara County Sheriffs Deputies and California Department of Justice Officers. 16 While checking on an illegal mountain bicycle jump in Los Trancos OSP, District staff heard what sounded like shots fire, or possibly fireworks coming from the Page Mill Trail area of the Preserve. Radio dispatch was notified, and Palo Alto Police was requested to meet with a District Ranger. Four juveniles, who had been observed entering the preserve earlier, were contacted as they were leaving and questioned about the shots. They did not have any weapons with them, and it appeared that they were not involved. Ranger staff was unable to determine the source of the sounds. 16 An abandoned stolen vehicle was found in Sierra Azul OSP by hikers who spotted the vehicle from the Woods Trail,just off of Mt. Umunhum Road. A Santa Clara County Sheriff Deputy responded, took a report, and recovered the vehicle. 26 District staff copied radio traffic on the Palo Alto Fire frequency of a fire on Page Mill Rd. near Los Trancos OSP Foothills Park Gate 4. The fire was actually located on Page Mill Rd. at District Gate LTO 1. District Rangers were first on scene. A vehicle was fully involved, and the fire had spread to the grassland in the preserve. Palo Alto Fire Department, Palo Alto Rangers, Santa Clara County Fire, and CALFIRE units responded. The grassland part of the fire burned directly adjacent to the vehicle and was stopped by the established fire break. However, an additional hot spot ignition point started on the other side of the fire break, which was extinguished and was probably caused by flying debris off of the vehicle. 26 A hiker in Windy Hill OSP discovered a marijuana garden along Corte Madera Creek. He reported the location and showed the area to San Mateo Sheriff Officers and District staff. The garden consisted of about 20 plants that had already been harvested. The support camp was on the south side and the garden was on the north side of the creek. District staff cleaned up the area and the camp. September Vandalism — None 0:\Enforcement Activity Reports\2009 Monthly Summaries\September 2009-Monthly Enforcement Surnmary.doc i i r Opepn Space'District nal Memorandum To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Tina Hugg s �� Date: November 18, 2009 Re: Update on Administrative Office Remodel Project for Board Meeting on November 18, 2009 This update is being provided to the Board regarding the current status of the Administrative Office remodel project as of November 18,2009. • Recent work completed: o Punch list items: paint touch ups, cleaning, adjustments • Work underway: o Remaining punch list item: repair to electrical outlets in hallway outside kitchen Next Steps: • Project close out • Release of retention anticipated on November 27, 2009 An update will be provided through an informational memorandum to the Board at the end of the retention period. f' Midpeninsula Regional Open Space District Memorandum TO: MROSD Board of Directors Through: Steve Abhors, General Manager From: Tina Hugg Date: November 18, 2009 Re: Update on the Skyline Field Office Remodel Project for Board Meeting on November 18, 2009 This update is being provided to the Board regarding the current status of the Skyline Field Office P gp g g Y remodel project as of November 18, 2009. • Staff is working with Tannerhecht Architecture to finalize a scope of work that includes building a new shop and making minor modifications to the existing office building. • Staff is working with Tannerhecht Architecture to finalize a fee proposal for this phase of work. A contract amendment is anticipated to be brought before the Board in January. Next Steps: • Continue refining assumptions and findings of Staff Facility Plan. • Continue refining scope of work and fee proposal An update will be provided through an informational memorandum to the Board at the December 16`h meeting. l i Page 1 of 1 Midpeninsu Open Space(Dist get nal Memorandum To: MROSD Board of Directors Through: Steve Abbors,General Manager From: Gretchen Laustsen, Open Space Planner I Date: November 18, 2009 Re: Completion of Fletscher Demolition and Site Cleanup Project, Sierra Azul Open Space District All work related to the Fletscher Demolition and Site Cleanup Project has been completed on schedule and under budget. On July 8, 2009, the Board awarded the contract to Golden State General Engineering Contractor for an amount not to exceed $51,400 for the demolition, site cleanup and minor (Contractor) p restoration of the seven-acre life estate that was transferred to the District in 2007 following Mr. Fletscher's death. The Contractor began the project on July 24, 2009 and finished all tasks described in the Project Agreement scope of work on September 21, 2009. The work included demolition, site clearing and removal of all existing structures, contents of structures, removal of drainage structures, additional site materials and associated debris, and the abandonment of septic tanks within the approximately three (3) acre project area. The contract also included minor grading and re- contouring of structure pads and installation of erosion control. Throughout the project,the Contractor took extreme care to sort all site materials to maximize recycling. After the Contractor completed the work to the satisfaction of the District and the County Demolition Permit Inspector, the District filed a Notice of Completion with Santa Clara County on September 25, 2009. The final amount paid to Golden State under the contract totaled $35,347.00, which is 3 1%below the approved contract budget of$51,400. The total project cost, including hazardous waste removal and equipment rentals and materials for Field Office staff work totaled approximately $50,000 which is roughly 47%below the total project budget of $95,200. Although the District had conducted hazardous waste removal prior to the demolition and site cleanup project, additional hazardous items were discovered during demolition. The Foothills Field Office staff managed the removal of these items by hauling and properly disposing of various items and coordinating with an additional hazardous waste contractor to remove the final items. Their assistance throughout the site cleanup process was a key factor in finishing the project on time and under budget. Next Steps The District will monitor the erosion control measures implemented throughout the rainy season to ensure project success. Before and after photos are provided on the following page. �. -4 J ` � �k �•r '� .y tr s. �� `4. kt ti ..fie.r �. .. ,_ .... } -ice