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Home My Public Portal About20100224 - Agenda Packet - Board of Directors (BOD) - 10-06 Midpeninsula Regional • ' Open Space District Meeting 10-06 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday, February 24, 2010 330 Distel Circle Los Altos, California AGENDA 71 7;00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PUBLIC SESSION ROLL CALL P\II ** ORAL COMMUNICATIONS-PUBLIC IU U.c ** ADOPTION OF AGENDA r.I 7:10* CONSENT CALENDAR _:Ie d/P. f e- - —0 1 Approve Minutes of January 27, 2010 2 Approve Revised Claims Report PP P 3 Approve Written Communications-Response to Robert Zatkin and Merel Glaubiger 7:20* BOARD BUSINESS Nohc Ne I��,af 4 Review of Memorandum of Understanding between the District and the Santa Clara County Sheriff's Office; Recommendation for Non-Renewal; and Recommendation for Operations Department Measures to Enhance Ranger Patrol Safety and Effectiveness-D. Sanguinetti - ) gas_c4f� (, -- /- O 7 �.unf ou�5 Adoption of a Comprehensive Use and Management Plan Amendment for Ravenswood Open Space 6-0-1 Preserve to Designate the Cooley Landing Area, Adoption of a Resolution Authorizing Execution of N°',ch 7 y"`� the Partnership Agreement with the City of East Palo Alto,and Determination that the Recommended $: 2 f „I ;,,. Actions are Categorically Exempt from the California Environmental Quality Act-T. Hugg �- N I A 6 Initial Presentation of the District's Proposed Budget for Fiscal Year 2010-2011 (FY2010-11)-E. Cuzick (wlf ' Q 7 Approval of the proposed purchase of the Sare Trust property as an addition to Mills Creek Open Space Preserve, located south of State Highway 92 near Half Moon Bay in unincorporated San Mateo County(Assessor's Parcel Number 056-430-010); Adoption of the Preliminary Use and Management Plan; Authorize the General Manager to file for Williamson Act nonrenewal; and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act-M. Williams Meeting 10-06 Page 2 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 future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports -N-C B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications, Each speaker will ordinarily he limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar. .411 items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this rriceting. Public records provided to a majority of the District's Board of Directors relating to an Agenda Item on the open session of regular Board meeting will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022 during normal business hours. CERTIFICATION OF POSTING OF AGENDA 1,Anna Duong,Acting District Clerk for the MidpeninSLI]a Regional Open Space District(MROSD),declare that the foregoing agenda for the February 24, 2010 Regular Meeting ofthe MROSD Board of Directors was posted and available for review on February 19,2010 at the Administrative Offices of MROSD,330 Distel Circle,Los Altos,California,94022. 'rhe agenda is also available on the District's web site at h tp,,/w , , c.t org. Signed this 19th day of February 2010,at Los Altos,California. Acting District Clerk Date: 02/19/2010 t Claims No. 10-04 Meeting 10-06 Date 2/24/10 Midpeninsula Regional Open Space District # Amount Name Description 12097 $1,415,000.00 ## Old Republic Title Company Land Acquisition-Sare Property 12098 $21,371.91 Dell Business Credit Video Conferencing Equipment 12099 $13,092.40 Employment Development Department Unemployment Insurance Claims-4th Quarter 2009 12100 $12,923.46 Santa Clara County Sheriffs Office Patrol Services 12101 $10,115,00 Timothy C.Best,CEG Road&Trail Inventory And Assessment-Bear Creek Redwoods, Russian Ridge&Rancho De Guadalupe 12102 $7,979.80 Kern Rokon All Terrain Vehicle 12103 $7,650.00 Stallings Painting Company Painting&Lead Abatement-Rental Residence � 12104 $5 619.06 Patsons Media Group Printing Services- Brochures/Holiday Cards&Envelopes 12105 $5,000.00 *1 Old Republic Title Company Deposit-Land Acquisition 12106 $4,927.50 Telecommunications Engineering Telecommunications Engineering Services To Identify The Cause Associates Of Radio Interference At Black Mountain Radio Site 12107 $4,256.00 Advanced Window Systems 3 Windows, 1 Sliding Door/Dryrot Repairs-Rental Residence 12108 $4,131.43 *2 First National Bank Field Supplies/GPS Unit/SFO Chlorine System/Pressure Washer/Two ATV Helmets/Battery Charger For Generator/ Trail Counter For Visitor Estimate Project 12109 $2,312.00 North American Title Company Title&Escrow Fees-Land Acquisition 12110 $2,225.63 *2 First National Bank Conferences&Training Expenses-Environmental Permit Class! Excel, Illustrator&Acrobat Training/Public Purchasing Officers Registration/National Association For Interpretation Registrations/CSDA Conference/NTL Leadership Training 12111 $2,194.20 The Bank Of New York Mellon Note Paying Agent Fees-2004 Revenue Bonds 12112 $2,158.49 Tires On The Go Tires 12113 $2,085.50 San Mateo County Resource Bear Creek Stables Water Quality Monitoring Conservation District 12114 $2,060.25 *3 San Mateo County Clerk Recorder Mitigated Negative Declaration Filing Fee-ECDM Staging Area 12115 $2,000.00 *4 John Veverka Consulting Services-Interpretive Systems Plan For District 12116 $1,500.00 City Of Foster City Annual Fee-CalOpps Online Database 12117 $1,462.50 Rachel Demitrios Training Manual-Database Project 12118 $1,251.62 Shute, Mihaly&Weinberger LLP Legal Services-ECDM Staging Area And Trails Improvement Project 12119 $1,200.00 Neofunds By Neopost Postage 12120 $1,174.27 Redwood General Tire Company Tires For Maintenance Truck 12121 $997.95 Biosearch Associates Biological Survey Of Ponds At Purisima To Sea Properties 12122 $923.03 Emergency Vehicle Solutions Convert Patrol Truck To Maintenance Truck 12123 $786.83 Accountemps Accounting Temp 12124 $750.00 Coastal Chimney Sweep Wood Stove Installation-Rental Residences 12125 $721.05 Highway Technologies Supplies For Retaining Wall Repair At RSA 12126 $652.00 *2 First National Bank Business Related Meals/Army Corp Meeting/AO&RP Department Meeting 12127 $584.84 *2 First National Bank Office Supplies-Wireless Headset/Laser Pointer/Telephone Service Backup/Corkboard 12128 $514.61 California Water Service Company Water Service-FFO&Rental Residences 12129 $431.01 Palo Alto Upholstery Reupholster Seat On Maintenance Truck 12130 $422.97 Metro Mobile Communications Radio Chargers&Speaker Microphones 12131 $370.73 CMK Automotive Vehicle Maintenance&Repairs 12132 $361.20 *2 First National Bank Advertising/Subscription/Books-Ad For HR Manager/Dish Network(Survey Monkey Monthly Subscription/FFO Internet Service/Biological Diversity Handbook 12133 $341.67 Hammond,Tracy Reimbursement-Uniform Expenses 12134 $289.30 San Jose Water Company Water Service-RSA County Park 12135 $258.76 Maze, Leigh Ann Reimbursement-Environmental Volunteers SOD Training Expenses 12136 $250.00 Mountain View Optometry Prescription Safety Glasses Page 1 of 3 Claims No. 10-04 Meeting 10-06 Date 2/24/10 Midpeninsula Regional Open Space District # Amount Name Description 12137 $238.84 *2 First National Bank Volunteer Expenses-T-Shirts For Eagle Scouts/Whiteboard p 9 Paint/Name Badges 12138 $218.60 Galls Two Medic Bags 12139 $216.45 Pine Cone Lumber Supplies For Retaining Wall Work At DHF 12140 $212.37 John Shelton Supplies For Retaining Wall Work At RSA 12141 $212.00 San Mateo County Public Health Water Testing-Rental Residence/Tick Testing 12142 $190.00 Sol's Mobile Service Vehicle Repairs&Service 12143 $188.09 *2 First National Bank Computer Expenses-Surge Protectors/Computer Parts/Flash Drives 12144 $178.73 Green Waste Garbage Service-SFO 12145 $174,42 *2 First National Bank Rental Residence Expenses-Mail Boxes/Pipe Connectors For Quam Water System 12146 $173.28 Cascade Fire Equipment Company Fire Pumper Parts 12147 $171.05 The Ed Jones Company Uniform Badges 12148 $161.26 Allied Waste Services Garbage Service-Rental Residence 12149 $132.79 Langley Hill Quarry Base Rock For Windy Hill Road Work 12150 $128.90 Cartridge World Printer Cartridges 12151 $121.98 Stevens Creek Quarry Drain Rock For Bear Creek Redwoods Road Work 12152 $118,00 Cupertino Medical Group Employee Medical Services 12153 $99.55 Goodco Press Printing Services-AO&Field Time Cards 12154 $97.01 Jurich,Michael Reimbursement-Uniform Expenses 12155 $89.13 Peterson Tractor Battery For Mini Excavator 12156 $83.70 Peninsula Digital Imaging Printing&Mounting Of District Logo For Board Room&Lobby 12157 $81.60 West Payment Center Legal Research Fees 12158 $75.58 Foster Brothers Lock&Key Services 12159 $74.95 Malone,Brian Reimbursement-NTL Leadership Training Expenses 12160 $63.36 Summit Uniforms Uniform Expenses 12161 $60.00 Barresi,Chris Reimbursement-Cell Phone 12162 $56.00 American Red Cross CPR Recertification 12163 $52.00 Britt, Kristi Reimbursement-Mileage 12164 $50.00 Gou,Vicky Reimbursement-Gift Card For Photo Contest 12165 $43.00 Allen's Press Clipping Bureau Clipping Service 12166 $39.64 *2 First National Bank Vehicle Supplies-Patrol Truck Supplies 12167 $30.00 Santa Clara County Clerk Recorders Public Records Request Fee Office 12168 $29.81 Staples Office Supply 12169 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 12170 $8.72 CSK Auto Bulbs For Patrol Truck 12171 $2.50 Barron Park Supply Plumbing Supplies Page 2 of 3 Claims No. 10-04 * Meeting 10-06 Date 2/24/10 Midpeninsula Regional Open Space District # Amount Name Description I' Total $1,546,245.53 *1 Urgent Check Issued 2/10/10 *2 Urgent Check Issued 2/8/10 The total amount for First National Bank is$8,596.09 *3 Urgent Check Issued 2112/10 *4 Urgent Check Issued 1/21/10 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 i Pt Claims No. 10-04 If Meeting 10-06 Date 2/24/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12097 $1,415,000.00 ## Old Republic Title Company Land Acquisition-Sare Property 12098 $21,371.91 Dell Business Credit Video Conferencing Equipment 12099 $13,092.40 Employment Development Department Unemployment Insurance Claims-4th Quarter 2009 12100 $12,923.46 Santa Clara County Sheriffs Office Patrol Services 12101 $10,115.00 Timothy C. Best,CEG Road&Trail Inventory And Assessment-Bear Creek Redwoods, Russian Ridge&Rancho De Guadalupe 12102 $7,979.80 Kern Rokon All Terrain Vehicle 12103 $7,650.00 Stallings Painting Company Painting&Lead Abatement-Rental Residence 12104 $5,619.06 Patsons Media Group Printing Services-Brochures/Holiday Cards&Envelopes 12105 $5,000.00 *1 Old Republic Title Company Deposit-Land Acquisition 12106 $4,927.50 Telecommunications Engineering Telecommunications Engineering Services To Identify The Cause Associates Of Radio Interference At Black Mountain Radio Site 12107 $4,256.00 Advanced Window Systems 3 Windows, 1 Sliding Door/Dryrot Repairs-Rental Residence 12108 $4,131.43 *2 First National Bank Field Supplies/GPS Unit/SFO Chlorine System/Pressure Washer/Two ATV Helmets/Battery Charger For Generator/ Trail Counter For Visitor Estimate Project 12109 $2,312.00 North American Title Company Title&Escrow Fees-Land Acquisition 12110 $2,225.63 *2 First National Bank Conferences&Training Expenses-Environmental Permit Class/ Excel, Illustrator&Acrobat Training/Public Purchasing Officers Registration/National Association For Interpretation Registrations/CSDA Conference/NTL Leadership Training 12111 $2,194.20 The Bank Of New York Mellon Note Paying Agent Fees-2004 Revenue Bonds 12112 $2,158.49 Tires On The Go Tires 12113 $2,085.50 San Mateo County Resource Bear Creek Stables Water Quality Monitoring Conservation District 12114 $2,060.25 *3 San Mateo County Clerk Recorder Mitigated Negative Declaration Filing Fee-ECDM Staging Area 12115 $2,000.00 *4 John Veverka Consulting Services-Interpretive Systems Plan For District 12116 $1,500.00 City Of Foster City Annual Fee-CalOpps Online Database 12117 $1,462.50 Rachel Demitrios Training Manual-Database Project 12118 $1,251.62 Shute,Mihaly&Weinberger LLP Legal Services-ECDM Staging Area And Trails Improvement Project 12119 $1,200.00 Neofunds By Neopost Postage 12120 $1,174.27 Redwood General Tire Company Tires For Maintenance Truck 12121 $997.95 Biosearch Associates Biological Survey Of Ponds At Purisima To Sea Properties 12122 $923.03 Emergency Vehicle Solutions Convert Patrol Truck To Maintenance Truck 12123 $786.83 Accountemps Accounting Temp 12124 $750.00 Coastal Chimney Sweep Wood Stove Installation-Rental Residences 12125 $721.05 Highway Technologies Supplies For Retaining Wall Repair At RSA 12126 $652.00 *2 First National Bank Business Related Meals/Army Corp Meeting/AO&RP Department Meeting 12127 $584.84 *2 First National Bank Office Supplies-Wireless Headset/Laser Pointer/Telephone Service Backup/Corkboard 12128 $514.61 California Water Service Company Water Service-FFO&Rental Residences 12129 $431.01 Palo Alto Upholstery Reupholster Seat On Maintenance Truck 12130 $422.97 Metro Mobile Communications Radio Chargers&Speaker Microphones 12131 $370.73 CMK Automotive Vehicle Maintenance&Repairs 12132 $361.20 *2 First National Bank Advertising/Subscription/Books-Ad For HR Manager/Dish Network/Survey Monkey Monthly Subscription/FFO Internet Service/Biological Diversity Handbook 12133 $341.67 Hammond,Tracy Reimbursement-Uniform Expenses 12134 $289.30 San Jose Water Company Water Service-RSA County Park 12135 $258.76 Maze, Leigh Ann Reimbursement-Environmental Volunteers SOD Training Expenses 12136 $250.00 Mountain View Optometry Prescription Safety Glasses Page 1 of 3 Claims No. 10-04 t Meeting 10-06 Date 2/24/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12137 $238.84 `2 First National Bank Volunteer Expenses-T-Shirts For Eagle Scouts/Whiteboard Paint/Name Badges 12138 $218.60 Galls Two Medic Bags 12139 $216.45 Pine Cone Lumber Supplies For Retaining Wall Work At DHF 12140 $212.37 John Shelton Supplies For Retaining Wall Work At RSA 12141 $212.00 San Mateo County Public Health Water Testing-Rental Residence/Tick Testing 12142 $190.00 Sol's Mobile Service Vehicle Repairs&Service 12143 $188.09 '2 First National Bank Computer Expenses-Surge Protectors/Computer Parts/Flash Drives 12144 $178.73 Green Waste Garbage Service-SFO 12145 $174.42 '2 First National Bank Rental Residence Expenses-Mail Boxes/Pipe Connectors For Quam Water System 12146 $173.28 Cascade Fire Equipment Company Fire Pumper Parts 12147 $171.05 The Ed Jones Company Uniform Badges 12148 $161.26 Allied Waste Services Garbage Service-Rental Residence 12149 $132.79 Langley Hill Quarry Base Rock For Windy Hill Road Work 12150 $128.90 Cartridge World Printer Cartridges 12151 $121.98 Stevens Creek Quarry Drain Rock For Bear Creek Redwoods Road Work 12152 $118.00 Cupertino Medical Group Employee Medical Services 12153 $99.55 Goodco Press Printing Services-AO&Field Time Cards 12154 $97.01 Jurich, Michael Reimbursement-Uniform Expenses 12155 $89.13 Peterson Tractor Battery For Mini Excavator 12156 $83.70 Peninsula Digital Imaging Printing&Mounting Of District Logo For Board Room&Lobby 12157 $81.60 West Payment Center Legal Research Fees 12158 $75.58 Foster Brothers Lock&Key Services 12159 $74.95 Malone, Brian Reimbursement-NTL Leadership Training Expenses 12160 $63.36 Summit Uniforms Uniform Expenses 12161 $60.00 Barresi,Chris Reimbursement-Cell Phone 12162 $56.00 American Red Cross CPR Recertification 12163 $52.00 Britt, Kristi Reimbursement-Mileage 12164 $50.00 Gou,Vicky Reimbursement-Gift Card For Photo Contest 12165 $43.00 Allen's Press Clipping Bureau Clipping Service 12166 $39.64 `2 First National Bank Vehicle Supplies-Patrol Truck Supplies 12167 $30.00 Santa Clara County Clerk Recorders Public Records Request Fee Office 12168 $29.81 Staples Office Supply 12169 $25.25 Rayne Of San Jose Water Conditioning Service-Ranger Residence 12170 $8.72 CSK Auto Bulbs For Patrol Truck 12171 $2.50 Barron Park Supply Plumbing Supplies 12172 R $6,500.00 Rick Skierka Survey Of Sare Property Access Easement 12173 R $3,648.56 NFP Accounting Technologies Fundware Support&Annual Maintenance 12174 R $3,051.50 California Conservation Corps Bay Tree Removal To Protect Live Oaks From Sudden Oak Death 12175 R $2,500.00 Mark Thomas Rerecord Lot Line Adjustment Survey For Hanson Property Exchange Agreement 12176 R $2,176.00 California Conservation Corps Broom Removal&Installing Erosion Control On Stream Banks- Various Preserves 12177 R $2,157,39 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 12178 R $1,920.00 Bowerman Electric Replace Ballasts&Bulbs Throughout Interior And Exterior Of Building-AO 12179 R $1,800.00 Econo Tree Service Pruning&Removal Of Three Hazardous Oak Trees At FFO Permit Lot Page 2 of 3 Claims No. 10-04 r Meeting 10-06 Date 2/24/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12180 R $1,594.32 Workflow One Printing Services-Parking Citation Forms 12181 R $1,286.25 Tadco Supply Janitorial Supplies 12182 R $1,281.61 Monster Mechanical HVAC Repairs&Service-AO 12183 R $380.41 Mountain View Garden Center Landscaping Supplies-Base Rock For AO Landscaping Project 12184 R $293.88 Hertz Equipment Rental Equipment Rental-Mini Excavator For AO Landscaping Project 12185 R $272.58 Reed,Steve Reimbursement-Uniform Expenses 12186 R $237.08 ADT Security Services Alarm Service-FFO 12187 R $213.85 Petty Cash Field Supplies/Headlight For Patrol Truck/Postage/Office Supplies/Business Related Meals/Parking Fee 12188 R $175.77 G&K Services Shop Towel Service 12189 R $171.04 McKibbin, Brennon Reimbursement-Uniform Expenses 12190 R $150.00 Santa Clara County Special District Annual Membership Fees Association 12191 R $138.75 Stevens Creek Quarry Base Rock For AO Landscaping Project 12192 R $130.00 Department of Housing and Skyline Modular Building Registration Renewal Community Development 12193 R $127.00 Duong, Hoa Reimbursement-Mileage 12194 R $88.95 Casaretto,Mark Reimbursement-Uniform Expense 12195 R $83.04 West Payment Center Legal Publication Updates 12196 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 12197 R $61,67 Paterson, Loro Reimbursement-Uniform Expense&Field Supplies 12198 R $26.33 California Water Service Company Water Service-Windy Hill 12199 R $15.73 FedEx Shipping Charges Total $1,576,805.24 *1 Urgent Check Issued 2/10/10 *2 Urgent Check Issued 2/8/10 The total amount for First National Bank is$8,596.09 *3 Urgent Check Issued 2112/10 *4 Urgent Check Issued 1/21/10 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: February 19, 2010 Re: Written Communications Received as a February 2, 2010 Email General Manager Stephen E. Abbors Director Pete Siemens Directory Cecily Harris Director J. Edmond Cyr Re: Good Neighbor Policy Dear Board Members and General Manager: This is to again raise the problems of noise adjacent to our house at 23180 Ravensbury Avenue. Our house immediately adjoins the Open Space Preserve. I brought our problem to your attention at the meeting of September 29, 2009 on the "Good Neighbor Policy" and subsequently emailed you on September 30, 2009 with my suggestios. I have made some progress on the issues surrounding the noise in a meeting on the site with David Sanguinetti . Mr. Sanguinetti said that he hoped the District would be able to post some signs urging that hikers be quiet. I look forward to hearing that this will be accomplished very soon. He stated that the path could not be moved. we also discussed screening with plants. This is to request that the Peninsula Regional Open Space District plant the District's land adjacent to our house to decrease the noise and view of the people passing by in accordance with the Good Neighbor Policy Provisions 7 and 8 c. In coordination with the District,we will similarly undertake to plant on our land adjacent to the Path. Thank you for your consideration and cooperation in addressing the problems that have a considerable impact on us. Sincerely, Merel P. Glaubgier cc. Director Mary C. Davey Neighbor Bianca Gruetter A- GENERAL MANAGER j'i c r, R e g i o n a 0 penSpace i Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Mary Davey jed Cyr Curt R,!`f, rionpi!e H.inko Larfy'I'Is"ett cecily iiarl is February 11, 2010 Merel Glaubiger 23180 Ravensbury Avenue Los Altos Hills, CA 94022 Dear Ms. Glaubiger, This letter is in response to your 0 1/23/2010 e-mail regarding your continuing concern with the level of noise at your home along the border of the Mora Trail at Rancho San Antonio OSP. I understand your perspective and want to address your requests through the District's "Good Neighbor Policy" found in "A Guide For Our Open Space Neighbors," updated July, 2009. 1 understand that you have been working with District Staff, David Sanguinetti, Operations Manager, and Cindy Roessler, Senior Resource Management Specialist. Mr. Sanguinetti outlined his actions as follows: He met with you at your house on 12/11/2009 where he observed and discussed your concern regarding the proximity and the noise coming from passing visitors on the Mora Trail. He concurred that the trail was visible from your house and yard. As a result, passing preserve users often impinge on your privacy. He agreed to have the District's Sign Committee develop a sign advising trail users to control the level of noise along the boundary with neighbors. He tasked our Sign Committee with developing a District Wide Sign for placement on the Mora Trail that would be usable in other District trail locations. A mock up of the sign was sent to you, which you subsequently approved. - He assigned Field Staff to install temporary, laminated, paper signs until the permanent metal version is created to replace them. - He recommended that you either install a solid fence (his preferred recommendation, especially for visual privacy and noise reduction) or increase your landscaping area along the boundary with the District. - He explained the screening, whether fencing or plantings, could not be funded by the District. However, he's committed to work with you on a"Permit to Enter" to allow you to plant on District Land if necessary, including a review by the District's Resource Staff. I)i s t i I i e o,A I t o C 9 4 o"o 6)I I),w o I �,vvvv o p o r i s p d L(-c)r g I ,, A Cindy Roessler has h working with you on the appropriate roved plantings for the area along the Mora Trail, on District property, to assist in screening your property. At this time, we understand you feel the District should be responsible for providing and maintaining screening plants on District Property. Although we support allowing you to improve your screening from trail use on District Property, we cannot support the District being responsible for providing and maintaining screening plants. However, the District is willing to help facilitate the necessary protection as long as it complies with our Rules and Regulations. The section of the "Good Neighbor Policy" you referenced in your recent e-mail pertains to those situations where the District is building a new trail near private property. When a private party develops next to existing District Land and facilities, it is the responsibility of the land owner to provide the additional infrastructure beyond boundary fencing(t-post and wire) and signing necessary for privacy protection. I asked staff to provide me with the chronology of your situation. They reported that the District Preserve and the Mora Trail were established in 1976 and the Use and Management Plan was developed in 1977. Our records also show that your property was developed in 1996....almost 20 years later. The following Good Neighbor Policy Provision, which the District Board of Directors has expanded to be applied District-wide, refers to this issue: Policy Provision 8 The following measures will be included in every future Use and Management Plan for parcels within the Coastside Protection Area: a. In areas where trail routes are immediately adjacent to private property,fencing shall be employed as necessary to deter users from leaving the trail. Specific fence, gate and crossing designees will be determined in consultations with adjacent affected property owner(s) at the Use and Management Plan stage. b. All new trails/facilities shall be sited away from the edges of new preserves to the greatest extent possible. All new trails/facilities will be designed to preserve existing vegetation �w reserves and at the property lines so that views o land uses in adjacent within nc p P p tY .f J residential properties would be minimized, C. Trails shall be sited a minimum distance of 300 feet from occupied dwellings unless site- specific circumstances make this infeasible. Where a 3007foot setback is not feasible, trails shall be set back a minimum distance of 50 feet. Potential noise and privacy impacts shall be evaluated for any subsequent District action and shall be reduced by berms,fencing, landscaping, and other.feasible and compatible means, if necessary. I Implementation Guideline 8 The District will consider neighbors'concerns, including the desire for privacy on properties that adjoin District Lands, and assist with the prevention of unintentional trespass by preserve visitors through the following: 8.1 Evaluate potential noise and privacy impacts when planning trails and facilities adjacent to private property. Reduce potential noise or privacy impacts with berms,fencing, landscaping, and other,feasible and compatible means, if possible. 8.2 Carefully conduct District business (such as performing maintenance or installing fencing) to avoid encroachment on adjacent private property. If a neighbor believes that the District is encrc ng on adjacent private property, he c ',e should notify the District as soon asp- Jble. 8.3 Site new trails and facilities away from private property boundaries, to the extent possible, and design trails to preserve existing vegetation and to minimize views of adjacent residential properties'land uses. An effort will be made to site new trails 300 feet from occupied dwellings on neighboring properties, to the extent feasible. If infeasible, the District will seek to maintain a minimum setback of 50ftet. Fencing or visual screens may be used by the District to prevent trespassing in rare cases when trails are located directly adjacent to private property. In summary, the District supports your desire to improve your privacy and will allow you to place and maintain screening plants on District Land as approved by our Resource Management Staff. To meet our obligations, the District will maintain the T-post and wire boundary fence to deter trespassing and will provide signs encouraging trail users to reduce the level of noise in that area. Thank you for taking the time to share your concerns with us. If you have any ongoing questions about these actions, please contact David Sanguinetti at (650) 691-1200. Sincerely, Mary Davey President, Midpeninsula Regional Open Space Board of Directors Cc: Board of Directors Stephen E. Abbors, General Manager Rudy Jurgensen, Public Affairs Manager David Sanguinetti, Operations Manager Cindy Roessler, Senior Resource Management Specialist V E Robert Zatkin FEB 05 2010 P.O. Box 139 . San Carlos, CA 94070 I NA ,101 (650) 599-9936 . rzatkin@gmail.com ',VACS, !.)*jTF1("�T Febuary 3, 2010 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Members of the Boad: At your earliest convenience please respond via U.S. Postal Service mail to the following questions. 0 Has the Midpeninsula Regional Open Space District (MROSD) staff, or a consultant contracted to the District, performed a comprehensive survey of the entire 5,759 acre La Honda Creek Open Space Preserve, that identi- fies and locates the occurrence of seeps, springs and other types of wet- land environments? * If the aforementioned survey has been conducted, what is the title, or titles, of the documents that contain the results of a survey, or surveys? Sincerely, ---------- GENERAL MANAGER A k gianal 0 penSpace Midpen,nsuLl Open Sp,]�!o D Iltrlc', BOARD OF DIPUCTORI, February 4, 2010 Robert Zatkin P.O. Box 139 San Carlos, CA 94070 RE: Response to Written Comment Letter Dated January 23, 2010 Regarding Wetlands Surveys of La Florida Creek Open Space Preserve Dear Robert, Thank you for your letter dated January 23, 2010 with your inquiries regarding our wetlands and other water source surveys and reports for La Honda Creek Open Space Preserve. Below is a list of reports and other information that the District holds on this particular subject or other topics that inform this subject: I. 2007 La Honda Creek stream inventory report 2. 2007 Harrington Creek stream inventory report 3. 2007 Bogess Creek stream inventory report 4. 2006 shapefile on barriers to passage and extent of Steelhead Trout in Coastal streams 5. 2004 shapefile on national wetlands 6. Aerial imagery and vegetation mapping and analysis 7. Many Multiple GIS layers of geo-referenced information on ponds, creeks, springs, wetlands, wetland and riparian vegetation, and wildlife species 8. 2008 La Florida Creek Pond Management Plan 9. 2004 La Honda Creek Fluvial Geomorphology, Hydrology, & Riparian Habitat 10, 2005 Driscoll Ranch Resource Management Plan 11. 2005 Final Existing Conditions Report for the La Honda Creek Master Plan 12. 2006 Statewide Natural Diversity Database 13. 2006 Sensitive Reptile and Amphibian Survey 14. 2000 Amphibian Survey 15. 2007 Grazing Plan for La Honda Creek Open Space Preserve 16. 2006 Grazing Assessment for the La Honda Creek Master Plan 17. La Honda Creek pond monitoring reports (ongoing) 18. LiDAR information 19. USGS topographic quadrangle maps 20. USGS geology maps/USDA Soil Conservation Service soil surveys 21. Road and Trail inventory data(includes ditches, seeps, and other road-related drainage features) "P �, n ._ 6 22. 2003 California Department of Fish and Game list of California terrestrial natural communities recognized by the California Natural Diversity Database 23. 2002 Special Status Plant Survey 24. 2004 California Native Plant Society inventory of rare and endangered plants of California 25. 2004 Calflora information on California plants for education, research, and conservation We appreciate your continued interest in the District and the resource data collected for our open space preserves. If you have any questions regarding this information, please feel free to contact Ana Ruiz, Planning Manager, at (650) 691-1200. Sincerely Stephen E. Abbors cc: Ana Ruiz, Planning Manager Midpeninsula Regional • ' Open Space District R-10-41 Meeting 10-06 February 24, 2010 AGENDA ITEM 4 AGENDA ITEM Review Status of Memorandum of Understanding (MOU) between the District and the Santa Clara County Sheriff's Office; Recommendation for Non-Renewal; and Recommendation for Operations Department Measures to Enhance Ranger Patrol Safety and Effectiveness. GENERAL MANAGER'S RECOMMENDATIONS 1. Receive Staf 's Analysis of Effectiveness of the MOU. 2. Approve the General Manager's Recommendation for Non-Renewal of the MOU. 3. Approve the General Manager's Recommendations for Operations Department Measures to Enhance District Ranger Patrol Safety and Effectiveness. SUMMARY In the recent past, District ranger patrol staff expressed concerns about patrol safety and extended response times by armed law enforcement when requested by District staff. The District's Board, in response to management's recommendation, entered into a Memorandum of Understanding with the Santa Clara County Sheriff Department for contract patrol services. As a result, additional patrol services were provided for four hours per day, in the late afternoon and early evening. Service was provided in the Sierra Azul/Bear Creek Redwoods Open Space Preserve area of the District due to its remoteness and the increasing incidence of illegal marijuana cultivation. The primary purpose of the MOU was to decrease the response time by armed law enforcement to District rangers when requested. To obtain a performance comparison, Ranger staff was asked to document armed law enforcement response times of Sheriff Deputies providing services under the MOU and Sheriff Deputies responding as part of their normal patrol duties. After approximately year, District Operations Department staff, working in cooperation with pp Y one Y the Midpeninsula Ranger Peace Officers Association (MRPOA) analyzed whether Sheriff's Deputy response times improved as a result of the additional services provided under the MOU. After evaluation of the data gathered, both Operations Department staff and the MRPOA agree i g P that there has been no appreciable improvement in response times. As a result, the General P p R-10-41 Page 2 Manager and District Operations Department management recommend the District not to renew the MOU at the expiration of its term on March 31, 2010. The MRPOA concurs with this recommendation. The General Manager recommends that the Operations Manager and Operations Department management staff undertake the measures set out in this Report to enhance ranger patrol safety and effectiveness. DISCUSSION At its meeting of December 3, 2008, the Board of Directors approved a MOU between the District and the Santa Clara County Sheriff's Office to provide additional law enforcement services to designated District lands. (See Report R-08-02). The cost of these services was not to exceed $100,000. The initial term of the MOU extended until June 30, 2009. In order to have a sufficient period of time to evaluate the effectiveness of the MOU, the Board extended its term until March 31, 2010 and authorized an additional amount not to exceed $50,000 for these services. (See Report R-09-107). With the MOU set to terminate on March 31", staff had adequate information upon which to base a reliable assessment of the effectiveness of the MOU in meeting its objectives. A primary objective was to improve the response time when Sheriffs Deputies are called to respond to an incident on District lands. District staff conducted a statistical analysis to determine if the incident response times differed between the Deputy service provided under the MOU and that provided by regular sheriff patrol staff during the same time period. The analysis showed that, at the 95% confidence level, there is no statistical difference in response times between MOtJ Sheriff Deputy service and regular Sheriff Deputy patrol service. In light of these results, it has been determined by District management, with the concurrence of the MRPOA, that the best course of action is to discontinue the MOU for additional patrol services. In addition, the MRPOA and District management are in agreement that there is a continued need to enhance ranger safety. Accordingly, the General Manager recommends that the following measures be undertaken by the Operations Department to address this issue. The MRPOA concurs with these recommendations. 1. District Area Superintendents will periodically meet with and regularly communicate with Sheriff Department patrol managers, keeping them aware of ranger safety needs for reasonable backup response time. 2. District patrol supervisors will work to develop relationships with Sheriff Department sergeants and patrol officers, keeping them aware of ranger safety needs for reasonable backup response time. 3. District Area Superintendents will work with Santa Clara County and San Mateo County Sheriff Departments and other public agency departments to install additional "No Parking" signs at locations identified as problem areas adjacent to District lands in an effort to decrease illegal activities in these locations. 4. Through implementation of effective policies in the District's Operations Manual, District Management wi't1 nhance ranger ability to: R-10-41 Page 3 o Issue parking citations for illegally parked vacant vehicles adjacent to District lands on public roadways designated as "No Parking" areas. o Make public address system contacts from their patrol trucks with individuals congregated in "No Parking" areas along specified roadways identified as problem areas adjacent to District lands. Rangers will be authorized to end the contact if compliance is not obtained or may request armed law enforcement assistance. 5. Operations management staff and the MRPOA will discuss ways to increase flexibility of staffing patrol shifts at night in remote areas such as the Sierra Azul/Bear Creek Redwoods Open Space Preserve and other remote areas within the patrol routes of both field offices. 6. Operations management staff, in cooperation with the District's Real Property Department, will work to identify an appropriate rental structure for a temporary field office in the southern area of the District (defined as the Sierra Azul/Bear Creek Redwoods, El Sereno, and St. Joseph's Hill Open Space Preserves), and continue to work with the Planning Department on the development of a permanent field office in that location on District land. 7. Operations management staff, working with the appropriate District Departments, will investigate the feasibility and cost of providing an electric gate on Mt. Umunhum Road at Hicks Road. 8. An objective of District management will include increasing the number of District ranger positions to increase minimum patrol staffing when financially prudent in light of the District's fiscal circumstances. 9. Operations management staff will provide additional officer safety training opportunities. 10. Operations management will meet periodically with the MRPOA to discuss progress on these measures. FISCAL IMPACT Total costs for MOU patrol services, from November, 2008 through January, 2010, are $102,338. Allowing the MOU to terminate on March 3 Is'without renewal will result in an initial savings of approximately $87,000 dollars, the amount estimated for patrol services in FY2010-11 if the MOU were renewed. If the Board approves these recommendations, $30,000 will be budgeted in FY 2010-11 for rental of temporary office space for the temporary field office in the southern area. In future years, additional funds would be needed to increase the number of ranger positions and to construct a permanent southern area field office. The amount of these funds cannot be estimated at this time. PUBLIC NOTICE Public notice was provided by the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. R-10-41 Page 4 NEXT STEPS If approved by the Board, staff will notify the Santa Clara County Sheriff's Department that the MOU will not be renewed, while ensuring that the District's relationship with the Sheriff's Department remains cooperative and positive. In addition, District management will work with the MRPOA to implement measures to enhance ranger safety as set out in this Report. Attachment(s) 1. Exhibit A—Contract Sheriff Performance Statistics 2. Exhibit B— Statistical Analysis of Sheriff's Department Response Time 3. Exhibit C —MR-POA Position Statement Prepared by: David Sanguinetti, Operations Manager Michael Newburn, Area Superintendent Brian Malone, Area Superintendent Gordon Baillie, Management Analyst Contact person: David Sanguinetti, Operations Manager R-10-41 Santa Clara Count Sheriff Exhibit A-Page 1 of 2 Response Time Record Sheriff's Patrol In Service Urgency of Time Time Ranger who Preserve/ Requeste Time Skyline Date requested Off Site Location in Preserve Agency Request d Arrived Ranger or Respons LE Fire Contract Requested (Code (Military a Time Medical on duty? response Location 1,2, or 3) (Military Time) Cleared Foothills Time) 10/8/2008 G.Barresi R.S.A. Mora Water Tank SCSO 16:40 17:20 18:30 Foothills 0:40 -LE Yes'' 11/16/2008 K. Miller Off Site BCR border SCSO 16:00 16:20 17:00 Foothills 0:20 LE Yes 3/14/2009 F. Reneau RSACP EQ.Lot scso 18:35 19:20 20:00 Foothills 0:45 LE Yes 4/4/2009 A. Correia S.A. Pheasant Rd. SCSO 18:20 18:24 19:50 Foothills 0:04 LE Yes 7/13/2009 G.Smutnak MB Black Mtn.cutover SCSO 20:16 21:00 21:42 Skyline 0:44 LE Yes 8/1/2009 P. Cook S.A. Bald Mtn. SCSO 20:50 22:12 23:00 Foothills 1:22 LE Yes 9/27/2009 P.Cook SA SA06 SCSO 2 17:58 18:12 19:00 Foothills 0:14 LE Yes 10/19/2009 F. Reneau BCR BC04 SCSO 2 16:58 17:10 17:30 Foothills 0:12 LE Yes 11117/2009 D.Heimer RSA PG&E Trail SCSO 3 17:02 - 17:10 1900 Foothills 0:08 LE Yes 11/18/2009 B. Bach SA Mt. Umunhum Rd. SCSO 2 17:25 18:05 18:25 Foothills 0:40 LE Yes 11125/2009 K.Miller SJH SJH SCSO 2 15:30 16:00 17:00 Foothills 0:30 < LE Yes 11/29/2009 A.Correia SA RDG/Pheasant Rd. SCSO 2 15:56 15:59 16:10 Foothills 0:03 LE Yes 12 SCSO responses. Median Response Time-SC SO on Duty: 00:25 R-10-41 Santa Clara County Sheriff Exhibit A-Page 2 of 2 Response Time Record Sheriff's Patrol Not In Service Ranger who Preserve Urgency of Time TimeTime Skyline Location in Agency Request Arrived Response LE Fire Contract Date requested !off Site Preserve Requested (Code Requested (Military Ranger or Time Medical on duty? response Location 1,2,or 3) (Military Time) Time) Cleared Foothills 6/22/2008 A.Correia Off Site Pheasant Rd.R.D.G. SCSO 14:10 14:25 Unknown Foothills 0:15 LE No T. Lausten, K. Miller, 7/6/2008 F.Reneau RSA Windmill Pasture SCSO 16 45 17:45 21:00 Foothills 1.00 LE No 7/2412008 K.Miller SA SA02 SCSO 09:30 10:00 11:00 Foothills 0*30 LE No Bohlman Rd., 8/8/2008 K.Carlson Off Site Saratoga SCSO 1915 19:40 20:30 Foothills 0:25 LE No 8/9/2008 C.'Barresi S.A. Mt.Umunhum Road SCSo 13:00 13:45 15:00 Foothills' 0:45 LE No Mt. Umunhum,top of 9/1/2008 T. Lausten SA08 mtn. SCSO 16 45 17:10 17:10 Foothills 0:25 LE No 9/7/2008 P.Cook FO Prospect Rd. SCSO 19:30 19:39 21:40 Foothills 0:09 LE No 10/3/2008 A.Correia SA08 Gate SA07 SCSO 20:35 21:05 21:40 Foothills 0:30 LE No 11/24/2008 F.12eneau Off Site (SA)Gathermole Rd. SCSO 12:00 12:40 13:00 Foothills 0:40 LE i No 11/27/2008 T. Lausten SA Kennedy SCSO 11:21 11:21 13:00 Foothills 0:00 LE No 2/812009 D.Danielson MB MB04 SCSo 14:17 14.47 14:55 Skyline 0:30 LE No 2/22/2009 A.Correia S.A. Reynolds Rd. SCSO 13:35 13:55 14:36 Foothills 0:20 LE No 212WO09: A.Correia S.A. Mt.Umunhum SCSo 12:40 13:15 15:20 Foothills 0:35 LE No 4/5/2009 M.Perez E.S. Canon Rd. SCSO 11 13 11:25 12:09 Foothills 0:12 LE No 4/10/2009 K Millet B.C.R. BC10 SCSO, 13:00 13;15 13:30 Foothills 0:15 LE No 4/16/2009 M.Newburn R.S.A. Front Meadow SCSO 15:52 16:08 16:20 Foothills 0:16 LE No 4/20/2009 F.Reneau S.A. SA06 SCSO 16:20 16,45 18:45 Foothills 025 LE No 5/7/2009 K.Miller R.S.A. Picnic Area SCSO 1245 13:00 13:30 Skyline 0:15 LE No Saratoga 6/15/2009' L.Paterson Gap SG01 Trailhead SCSO 15:30 16:30 16:45 Skyline 1:00 LE No 9/16/2009 D.Heimer BCR Bear Creek Rd. BCO2 SCSO 09:35 09:45 10:00 Foothills 0:10 LE No 10/2/2009' C.Barresi SA Loma`Prieta Summit h SCSO 2 14:55 15:20 15:40 Foothills 0:25 LE No 10/16/2009 A.Correia SA Hicks/Mt Um SCSO 2 15:41 16:25 16:50 Foothills 0:44 LE No Median Response Time-SC SO Not on Duty:00:25 22 SCSO responses. R-10-41 Exhibit B Page I of I k� Midpeninsula Regional Memorandum Open Space District To: David Sanguinetti From: Casey Cleve, GIS Coordinator Date: February 5, 2010 Re: Statistical Analysis of Response Times Staff conducted a statistical analysis to determine if the response times to incidences differed between the District Contract Deputy and Regular Sheriff Patrol Deputy. The result from this analysis is that at the 95% confidence level, there are no statistical differences in response times between District Contract Deputy and Regular Sheriff Patrol Deputy. This test was conducted on a sample size of 37, which is rather low. With a larger sample size we may see different results. To investigate differences in response times, staff conducted a Wilcoxon rank sum test. This is a common statistical test used to look at differences in measurements between two populations. More specifically, it's used to test the null hypothesis that two populations have the same continuous distribution. This is a non-parametric test and does not assume that the data follow a particular distribution. It does assume that data have equal variances, which is the case for our 37 sample dataset. We determined that our data had equal variances by using the Bartlett test of homogeneity of variance. The Wilcoxon rank sum test resulted in a p-value of.6529. This p-value is too high to reject the null hypothesis that response times are the same between the District Contract Deputy and Regular Sheriff Patrol Deputy. The p-value would have had to be less than .05 to reject the null hypothesis. As a result, at the 95% confidence level, there are no statistical differences in response times between the District Contract Deputy and Regular Sheriff Patrol Deputy. We must accept the null hypothesis that response times are the same. R-10-41 Exhibit C Page 1 of 2 2/3/10 To:All Interested Parties From: Midpeninsula Rangers Peace Officers Association MRPOA position paper: Santa Clara County Sheriff's Department contract Ranger safety has always been a primary concern of the Midpeninsula Rangers Peace Officers Association(MR-POA). The association's current focus on safety, however, stems from a 2005 incident in Sierra Azul. In August of that year, a California Department of Fish and Game warden was shot and wounded while trying to eradicate a marijuana farm on district land. Rangers had always known their jobs involved risk, but this incident emphasized the serious and increasing nature of threats faced in the field. In response,the POA made a series of recommendations to the district board to improve ranger safety. Most notably, the POA recommended that staff should be armed, a goal the POA continues to support. Instead, the district hired a Santa Clara Sheriff's Department deputy to patrol four hours a day in the south area. The stated goal was to reduce the deputies' response time so that rangers would have backup in a remote area. Although hiring a deputy was not the POA's initial recommendation, rangers tried to make it a successful program. .After more than a year, however, it is clear that a part-time deputy has not resolved the POA's concerns for ranger safety. The POA believes the deputy program has not met its goals because: 1. If a peace officer faces a threat,it usually occurs within the first minute of a contact with a suspect. Having a single deputy covering 17,000 acres will not ameliorate that threat. 2. Only one of the approximately five deputies involved in the program has made an effort to work with rangers and proactively protect the district's land. One deputy didn't know how to open gates; another didn't want to drive off-road. Several of the deputies are also quite difficult to contact on the district's radio channel. 3. While some enforcement activity has taken place, few district ordinances have been enforced. Again, nearly all district enforcement has been conducted by the single, diligent deputy. 4. The deputies begin their four-hour shift at the Westside Station at De Anza Boulevard and Highway 85. More than one hour—25 percent of their time—is taken each shift by commuting to their patrol area. In addition, the POA also believes the deputy program is not the most fiscally responsible use of taxpayers' money. The POA believes the money could be used more effectively to improve ranger safety by keeping it in-house and any new ranger safety initiatives within the district's control. R-10-41 Exhibit C Page 2 of 2 The POA still believes that a model like the California State Parks safety system— with armed rangers --would be most appropriate for the district and best provide for ranger and public safety. We value our current relationship with the board and district management. We look to working together on interim steps to improve safety such as adding staff, increasing flexibility to allow for two-ranger patrol units and opening a south area office. MRPOA President Kerry son son ' Midpeninsula Regional * ' Open Space District R-10-29 Meeting 10-06 February 24, 2010 AGENDA ITEM 5 AGENDA ITEM Adoption of a Comprehensive Use and Management Plan Amendment for Ravenswood Open Space Preserve to Designate the Cooley Landing Area, Adoption of a Resolution Authorizing Execution of the Partnership Agreement with the City of East Palo Alto, and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act. GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the Comprehensive Use and Management Plan Amendment contained in this report, which designates the Cooley Landing Area of Ravenswood Open Space Preserve. 3. Adopt the attached Resolution authorizing execution of the Partnership Agreement with the City of East Palo Alto (City) for the Cooley Landing Area. SUMMARY To better position the City of East Palo Alto (City) for grant funding opportunities, including Proposition 84 monies (Statewide Park Development and Community Revitalization Program of 2008 through the California Department of Parks and Recreation), District and City staffs have crafted a Partnership Agreement that describes the various roles and responsibilities and the anticipated timeframes for Project development. The Agreement accommodates the long-term development of the Cooley Landing Area of Ravenswood Open Space Preserve (Preserve) by use of a methodical, phased approach. Phase I tasks consist only of further planning, design, and environmental review of the Project. Phase II is construction of the final design following review under the CEQA and the letting of construction contracts by the City. Phase III contemplates official opening and subsequent management and operation of the park. To facilitate the planning process, the General Manager recommends that the Board adopt the Comprehensive Use and Management Plan Amendment and authorize execution of the Partnership Agreement with the City for the Cooley Landing Area. R-10-29 Page 2 DISCUSSION The City provided an informational report on the Cooley Landing project to the District Board of Directors (Board) on September 23, 2009, that discussed the project's current status and recent activities. See R-09-104 for a more detailed discussion on the background of the project. To date, staff has worked with the Cooley Landing Ad Hoc Board Committee and the City's staff through the initial planning phase, which has included tours of the site as well as several meetings to discuss the Board's goals for the site, uses that might be considered, and design alternatives prepared by the City's consultant. East Palo Alto held a Community Workshop on February 6, 2010 to collect public feedback on the design. USE AND MANAGEMENT A Comprehensive Use and Management Plan for Ravenswood Open Space Preserve was adopted on April 5, 1990 (see R-90-53). The property was dedicated as public open space on January 22, 1986. Comprehensive Use and Management Plan Amendment This Amendment supersedes prior use and management plans for the Cooley Landing area of Ravenswood Open Space Preserve. Name: Name the designated portion of the Ravenswood Open Space Preserve the "Cooley Landing Area" (see attached map). Subsequent Under the leadership of the City of East Palo Alto, work in partnership to Planning: develop a master plan for the Cooley Landing Area, with the overall goal of developing a public park featuring environmentally compatible recreational amenities for the benefit of the community, such as nature study, historic interpretation, outdoor education, and low-intensity outdoor recreation. The master plan will be subject to further environmental assessment under CEQA as part of the District Board's future decision making process. Working with City staff, monitor East Palo Alto's public input process to remain informed about community preferences for the Cooley Landing Area and further consult with government agency officials during the regulatory permitting process. After plan development and environmental review, return to the Board for another Comprehensive Use and Management Plan Amendment that specifies the selected park plan in detail, incorporating mitigation measures if necessary, a City/ District operation and management arrangement, and a construction schedule. Public Access: Lease the Cooley Landing Area to the City of East Palo Alto consistent with the attached agreement, which allows the City to use and access the area for purposes of master plan development, environmental review and permitting for a 30-year term. The eastern portion (Area A') shall remain closed to the public and the western portion (Area B) shall remain open to the public, as is the current condition. R-10-29 Page 3 Patrol and Site The City of East Palo Alto will patrol and secure Area A, and the District Security: will continue to patrol, maintain and secure Area B. If necessary, the City may install security fencing to prevent unauthorized access. Work collaboratively with the City staff to open the existing Preserve gate on most weekday mornings. TERMS AND CONDITIONS The Cooley Landing project appears to be well suited for funding under the Proposition 84 Program. To successful) leverage e Statewide Park Development and Community Revitalizationg y g their current project-related grant funding, the City has determined that the best strategy is to submit an application for the initial funding round, which is due on March 1, 2010. The grant requires the recipient to have obtained sufficient long-term rights in the land to permit park development and operation. Staff therefore recommends execution of the attached Partnership Agreement, which meets the grant application requirements for land tenure rights. The phased approach was determined to be appropriate since all project parameters are not fully developed and environmental review has not begun. Phase I would consist of master plan development and environmental review, with no permanent changes to the land. Phase II will allow for project construction after completion of environmental review, permitting, and contract award. Phase III will be implemented when the park is ready for public use. Under this approach, the District and City will amend the Partnership Agreement so that the project may continue from one phase to the next. Amendments to the Partnership Agreement, authorizing Phases II and III, will be brought back to the Board for consideration and approval. The proposed Partnership Agreement permits the City to access and use the Cooley Landing Area only for those purposes necessary to accomplish Phase I. The term of the Agreement is 30 years, with the possibility of extension for an additional period, both requirements of the State Parks grant. Under the terms of the Partnership Agreement, the City assumes responsibility for securing and patrolling the closed eastern portion of the Cooley Landing Area, and for opening the Preserve gate at the end of Bay Road each weekday morning (excluding City holidays). CEQA COMPLIANCE Project Description The project consists of a Comprehensive Use and Management Plan Amendment naming a portion of the Ravenswood Open Space Preserve as the "Cooley Landing Area" and entering into a Partnership Agreement with the City of East Palo Alto for a 30-year term. The Agreement permits the City to access and use the Cooley Landing Area of the Preserve for all purposes in furtherance of master plan development, environmental review and permitting (Phase 1). The City assumes responsibility for securing and patrolling a closed portion of the Preserve. Minor physical changes to the site may occur, such as the installation of security fencing and periodic site maintenance activities. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Article 19 Sections 15262, 15301, 15304, 15306, 15316, and 15325 of the CEQA Guidelines: R-10-29 Page 4 Section 15262 exempts a project involving only feasibility or planning studies for possible future actions which the agency has not approved, adopted, or funded. The Comprehensive Use and Management Plan Amendment and Partnership Agreement do not commit the District to a future course of action relative to later project phases. Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Comprehensive Use and Management Plan Amendment specifies that property will be secured and maintained in a closed condition and there will be no expansion of use beyond the current condition. The City will conduct design, planning, environmental review and permitting activities involving only minor physical changes to the project area's facilities. Section 15304 exempts minor alterations of land, water and vegetation within defined parameters and is consistent with the uses permitted under the Partnership Agreement. Section 15306 exempts basic data collection, research, and resource evaluation which do not result in a serious or major disturbance to an environmental resource and is consistent with the uses permitted under the Partnership Agreement. Section 15316 exempts the transfer of land in order to establish a park when the land is in a natural condition or contains historical or archaeological resources and is consistent with the uses permitted under the Partnership Agreement. Section 15325 exempts the transfer of land to preserve existing natural conditions including open space, habitat and historical resources and is consistent with the uses permitted under the Partnership Agreement. FISCAL IMPACT The Execution of the Partnership Agreement will not result in any incremental budged increase and will relieve the District of the responsibility for opening the Bay Road gate on most weekday mornings, allowing a commensurate redeployment of District staff normally involved in that activity. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. NEXT STEPS The Board Ad Hoc Committee and District staff will continue to represent the District and collaborate with the City during the conceptual design and planning process. Attachments 1. Resolution 2. Map 3. Agreement R-10-29 Page 5 Prepared by: Sandy Sommer, Senior Real Property Planner Tina Hugg, Planner II Contact person: Tina Hugg, Planner II Graphics prepared by: Galli Basson, Planner I RESOLUTION NO. 10-_ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE PARTNERSHIP AGREEMENT WITH THE CITY OF EAST PALO ALTO. FOR THE COOLEY LANDING AREA OF RAVENSWOOD OPEN SPACE PRESERVE The Board of Directors of the Midpeninsula Regional Open Space District (District) does resolve as follows: Section One. The District may, under the provisions of Section 5540 and 5563.5 of the Public Resources Code, lease property owned by the District for a period of up to fifty (50) years. The Board of Directors finds that the Cooley Landing Area of Ravenswood Open Space Preserve is currently underutilized as a park resource, and considers a furtherance of City of East Palo Alto efforts related to public park improvements on such premises to be in the public interest, on the terms proposed. Moreover, by affirmative votes of at least two-thirds of the members of the board, the Board finds that the purpose of the lease is for park or open-space purposes, or for an historic preservation, recreation, or agricultural purpose which is compatible with public use and enjoyment of the real property. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Partnership Agreement (Agreement) between Midpeninsula Regional Open Space District and the City of East Palo Alto, 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 Agreement on behalf of the District. Section Three. The General Manager and General Counsel are further authorized to approve minor revisions to the Agreement which do not substantially change any material terms of the Agreement. The General Manager or the General Manager's designee is further authorized to execute any and all other documents necessary or appropriate to entering into agreement. Attachment 2 rr�r \ I SFPUC r 1 r� 1 .. f rr 1 r�r 1 1 e ! i f � / r 1 ! 1 / 1 i 1 ! 1 / 1 1 ! Ravenswc, d r Open Space Preserve s a n ` Francisco 1 1 ! 1 1 say ; Area A (Closed to Public) E Area B" (Open to Public) City of East Palo Alto r' Palo Alto g Baylands Exhibit A: Cooley Landing Area, Ravenswood Open Space Preserve Midpeninsula Regional Cooley Landing MROSD Land Q Viewing Platform Open Space District February 2010 _ 1 Preserve Boundary East Palo Alto Property Parking Lot e Feet • 0 125 250 500 • � PARTNERSHIP AGREEMENT BETWEEN THE CITY OF EAST PALO ALTO AND THE MUD0PENUNSK}LA REGIONAL OPEN SPACE DISTRICT FOR THE COOLEY LANDING PROJECT TH|8 A(]RkEK4ENT is entered into by and between the CITY OF EAST 9/\L(} ALTO, u municipal corporation, ("CITY") and the MlDPFNlNS[JL/\ f{EGl0yuAL OPEN SPACE DISTRICT, apuh|iu DISTRICT under the |up/m of California, ("DISTRICT"), dated RECITALS WUEKF/\S` D|STR|[T`y Mission isivacquire. rca(urc, preserve and protect, in � purpck/i1y` open space land as poUo[(hu regional grecnbch, and to provide opportunities for � ecologically sensitive public enjoyment and education; and WHFIREAS, District owns those certain lands more specifically identified as Sall Mateo County /\mucnaor`u Parcel Nnnubons 063-590-040, 063-590-060, 096-230'150 and 096'230'130` comprising u portion of Ravenswood ()pen Space Preserve (^^9rcucrve") and which have been legislatively dedicated for purposes of public open space pursuant to {hc California Public Resources Code, and VVH[[lE&S, CITY owns that certain parcel of land more specifically idenhfiedauSan K1u\co County Assessor's Parcel Number 063'590-030 which i/ has zonod for Resource Management purpnacs� and VV|||ERE/\8, tbo ClTl, parcel and portions of the DISTRICT parcels make up that certain promontory o[land into tile Sail Francisco Bay generally known ue Cooley Landing; and WDBRB/\S` CITY and Dl8TB|[.T desire to further their common goal of providing uoccmaiblc public open spaces to further tile recreational and educational upyor(uoihcm of their constituents, and VVU[8F/\S` CITY has undertaken a planning and devdopnnon\ process (dbc "Project") to enhance such public open space and the associated rocvzuhonui and educational vu|oea at Cooley Landing; and W}|ER[&S, City intends to apply for g,uui funding for the Project under the Sk/kev/idc Pork Development and Community 8cviLuhzudon Program of2O00; and � � WH[REA8, 0STRI(Toicsires that the Project include tile Cooley Landing Area of � Ravenswood Open Space Preserve owned by DISTRICT, � � NOW, dhon:knc, in consideration of tile nnu{uu| promises, covouuo\m and obligations contained herein, CITY and DISTRICT agree: � ' | - � . � � � |. Proiect Site.DISTRICT owns the real property within the City w[Mcn|o Park, State of California, as shown on Exhibit &, attached hereto and incorporated herein ("Project Site"), which consists o[Area A, the upland portions of/\PNsO4h-230-|3O and 09h-230-i50which are closed k`the public, and Area B, within the Cities of East Palo /\|io and Menlo Park, State o[California, the Preserve public parking lot (portions of/\PN063-590-O4O and O63' 540-000) whiubiaopcoVu (hcpuh|ic. 2. le2r [L Tile term of this Agreement shall commCnCC upon execution liereol'by the duty authorized representatives o[the CITY and the DISTRICT and shall consist of. u. Phase \ - Plan development, environmental review and penniKing b. Phumel| - P ectcone\nuc(ionk000comp|odono[Phuacldcoigu o. PbuseDI -p jooioperahunupnncucnp\cdono[PhumeDconNrucdou Tirnc iuof the essence k` this Agreement. City shall diligently pursue completion o[Phoacy | and ll consistent with its contractual obligations for grant funding and with all odbenvixc � applicable laws and regulations. The maximum term nfihi* Agreement shall not exceed 3O � years without a written rcilewal or extension entered into by the parties acting oil the authority o[their appropriate legislative body. Before each subsequent phase, CITY and the DISTRICT shall arnend this Agreement, as necessary to accommodate evolving conditions, including development Of Supplemental operations and maintenance agreements. The Parties ogccc to timely onocL and to ncgohuic in good [midh` iuvvurd an extension of this Agreement, uoii may bc amended from time io time, oi Such |irnc(a) oxappropriate. 3. Site Use, Access, Control and Security. o. CITY is permitted to access and use to the project site for all purposes rcuaooub\y in furtherance o[|ho Pro cc\ plan development (obo completed during such Phase | horcu[ � � h� CITY shall maintain control and security ofthe ProJcct Site - Area A, including but not limited to restricting public access, securing the site by fencing or other appropriate means and regular law enforcement patrols. DISTRICT shall continue to maintain and secure Area B` except uu otherwise noted in this Agreement. c. CITY ie responsible for opening the Preserve gate u< the end o[Bay Road hy9um` each weekday morning (Monday through [hdoy), excluding CITY holidays. If CITY is unable (ofulfill this obligation, iiyuhuU immediately notify DISTRICT at DlSTBl[,T`o24'hnur Emergency Dispatch telephone number a| (650) 903-b395. The District is responsible for opening and closing the gate utall other times, i.e. all evenings, all weekends, and on all CITY holidays and any time the City notifics the DISTRICT itia unable io fulfill this obligation. d. CITY, its employees, agents, contractors and consultants shall behelpful and courteous in all contacts with visitors, neighbors, agents, officials, tenants, lessees and employees o[the DISTRICT. DISTRICT, its employees, agents, contractors and consultants shall be helpful and courteous in all contacts with visitors, neighbors, agents, officials, - � c. CITY shall promptlynotify 08T0CT`a24-hom Emergency Dispatch telephone number a1 (h50) gO3-6395 to report any observed or known fires, trespassing, hunting, oc illegal activities oil the Project Sitcnrouudioiniog [)is1ric( |undx. DISTRICT shall promptly notify the Menlo Park Fire Department u1(b5D) 600-0400 to report any observed or known fires and shall promptly notify the CITY's Police Department at (650) 321 | \ \2 \oropoUanyobacrvedtreypuuaiog, hun<ing, oril|cgu| uctivihcmoutbc � Project Site. [ Except as oU/orv/ixo provide herein or by express written permission granted by DISTRICT, CITY shall not during Phase | of this Agreement cause nr allow any physical changes on the Project site (Area A). Such changes shall include but not bc limited to grading, paving, excavating orother cardxnnvinguc1ividcn, cutting or � removing trees, native shrubs, brush orother vegetation, und damagingor demolition o[ improvements o, structures oil the Premises. � � 0. Ally use o[\hc Project Si\eootapcoiUcuUygran\cd \oClT`/ hcrcinnmuatbeappvovcdin writing by DISTRICT prior k` such use commencing. � 4. Amendment. CITY will diligently pursue development u[thc Project oonsistcn\ wi\hdhiu Agreement. CITY and DISTRICT agree to meet and discuss in good faith all necessary amendments that may be needed at the completion of Phase I plan (development, review and permitting) and again o1 the completion ofPhase D (construction) to allow the Project to continue tu the next Phase. These shall include operation and maintenance plans for Phases D and lD. Should the Proposition 84 Statewide Park Program grant be awarded, and a grant contract is issued, any proposed amendments by City and District shall be submitted to the Siu{o Department of Parks and Recreation, ()ffiocofGrants and Local Services foropprovo\. 5. Insurance. At all dnouxduring the term o[this Agreement CITY yby|l carry general liability inaunonoc, or policy o[ae|['insunoncc, including owned, non-owned and hired auto; property damage; and death and bodily injury, covuiogi<ydaksyrixiugoutofdhu performance of any acts pursuant to this Agreement or relating to its operation of the Project. DISTRICT shall bc named mx additional insured on the policy. Said policy shall bcinun unooun\ not |cmx than Two Million Du||aza ($2,000,000) for bodily injury and property � darnage liability in aggregate per Occurrence combined single limit and One Million Dollars � ($),00O,0UU) combined single limit for auto liability. CITY shall furnish DISTRICT with u � [cUiUoatco[Insurance evidencing Such insurance coverage. /\t all times during the term of' this Agreement DISTRICT shall carry general liability insurance, oro policy o[ec|[' inxurun«o, inc|udingnwncd, non-ownedundhirednu1o; propcUydunnage; unddcodhand - 3 - � � . � � 6. Indemnification. CITY hereby agrees to indemnify, defend and hold harmless DISTRICT froni and against all liability for all claims, suits, damages, injuries, costs, l000cx and expenses, including reasonable m fees and court costs, in any mumnc, related Nm arising out of the Project, ond/ordbooperutiooaod/ortbcumcofCoo|cyLnndiogundcrdhja Agreement to the extent that the matter giving rise to the liability io directly attributable to the negligent or wrongful acts or omissions of CITY's employees or agents or otherwise arises out o[matters which, hy the terms of this Agreement, are the responsibility uf[lT}'. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY from and against all liability for all c|oinnu, suits, damages, injuries, costs, |oomca and expenses, including reasonable attorney's fees and court costs, in any manner related to or arising out of the Project, and/or the operation and/or the use ofCooley Luodiu� under 1hia Agreement, to the extent that the matter giving rise to the \iohUiiy is directly attributable (o the negligent nr wrongful acts or omissions o[[)lSTRlCT`n employees or agents orotherwise mhscu out of matters which, by tile terms of this Agreement, are the responsibility of DISTRICT. CITY and DISTRICT agree to cooperate in tile event of claims or litigation against either CITY or DISTRICT hya third party. \n the event liability arises due tothe alleged concurrent negligence of CITY and DISTRICT, or any combination thereof, each party shall contribute costs of any such suits, defense, darnages, costs and liability in proportion to its fault ux determined under tile principles o[comparative negligence. 7. Termination for Default. |n the event there isu breach of this Agreement by CITY nr DISTRICT, the parties shall meet to resolve the matter. |[the parties are unable |o resolve o rua|cdai matter informally, they ehu|| attempt 1oresolve the matter by mediation through JAMS o,other mediator agreeable 1othe parties. l[the parties remain unable {o resolve (bc nonVCr, DISTRICT or CITY may terminate this Agreement sixty days following the giving of notice nf such um set forth hcrciu. 8. Applicable Laws. This Agreement shall be construed and enforced pursuant to the laws nf the State o[California. - 4 - 9. : Any notice required tohu givenk` DISTRICT shall be deemed k/ bc duly and properly given i[noai|ud, postage prepaid with u receipt and signature frocuthe receiving party, and addressed to: � M ulu Regional Open Space 0stdr\ � General Manager 330 Diskrl Circle Los Altos, C& 94022 (650) 691-1200 or personally delivered to DISTRICT at such address or at Such other address as DISTRICT onoy designate in writing \uCITY. � Any notice required mhc given to CITY shall bc deemed to \ e duly and properly given it' inui|uj, postage prepaid with u receipt and signature from the receiving party, and addressed to: Ckyof East Palo Alto City Manager 24|5 University Avenue, Z lid Floor Fast Palo Alto, C/\ 94BO3 (650) 853-3100 or personally delivered N CITY at such uddmxy or Such other address as CITY may designate in writing (o DISTRICT, with a receipt and signature fronu the receiving party. 10. Waiver: The failure of any party to insist upon a strict performance of any of the terms, conditions and covenants contained hereiii shall not be deemed a waiver of any rights or remedies that CITY or DISTRICT may have and shall not be deemed a waiver ofany aubxcqucothreachnrdeCbu|\o[(beienna` cwndi\ionuundcovouoniucuu\uincdberein. | |. : Ifany one or more of the covenants oragreernents orportions thereof provided in this Agreement ubu|| be held by a court ofcompetent jurisdiction in u final judicial action to be void, voidable or unenforceable, Such covenant or covenants, such agreement or agreements or such portions thereof shall be null and void and shall be deemed separable frorn the remaining covenants or agreernents or portions thereofand shall in no way affect the validity or enforceability of the remaining portions ofthis Agreement. 12. : The captions iii the articles of this Agreement arc inserted for convenience purposes only and shall not affect the terms nf(his /\�ruoruenL - 5 - � � � � IN WITNESS WHEREOF, CITY and DISTRICT execute this Agreement. For the CITY OF EAST PALO ALTO By: Mayor Attest: Approved as to form for City Clerk Vincent C. Ewing City Attorney For the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President Board of Directors Attest: District Clerk Approved as to form for DISTRICT:____ Susan Schectman General Counsel - 6 - 4.. q%Z r ` ye MINIpen 4nw Spat; .+ _'.,•. °.,,,�, _ - ie^+ '� ,a,,,,ii1� -.+l�J'""' Iasi re serve r " Area'A v ! Jj° r% i Y aA s' i+Wbn- el at Atrea. B .r�r�_rr� •r Ire a .' E , >s E has a e t - i •1. � 4. Ilk �3u' a 'mow O 3 t"S Exhibit A: Cooley Landing Area, Ravenswood Open Space Preserves Area A MROSD Property �__?City Boundary o sz.s ,zs 2e0 i eParcel Boundary Produced by Midpeninsula Regional Open Space District,December 2009 Area 8 Q Feet Midpeninsula Regional ' Open Space District R-10-34 Meeting 10-06 February 24, 2010 AGENDA ITEM 6 AGENDA ITEM Initial Presentation of the District's Proposed Budget for Fiscal Year 2010-2011 (FY2010-11). GENERAL MANAGER'S RECOMMENDATION Review the proposed District budget for FY2010-11. The final District budget for FY2010-11 and the report and recommendations of the Administration and Budget Committee will be presented for adoption at the March 24th Regular Board meeting. DISCUSSION 1) Budget Review Process The FY2010-11 budget process began with the District Controller's recommendation on the level of funding available for operating expenses. Given current economic conditions and the reduction in the growth of property tax revenues, the District Controller indicated that the operating budget should not exceed $14,100,000 or just over 50% of projected tax revenues of $27 650 000. Key goals of the budget process include not only meeting the $14,100,000 operating budget, but also retaining all staff positions and continuing to acquire and preserve District lands. To meet these goals for FY2010-11 and at the same time absorb the operating budget cost increases associated with salaries and insurance, staff had to reduce expenditures in services and supplies for a second year. These reductions are reflected in Chart 1 in section 2 of this report which displays District budget expenditures over the last five years in the major categories of Salaries and Benefits, Services and Supplies, Fixed Assets, Land Purchases and Debt Service. Even with these reductions, the proposed operating budget is over the $14,100,000 by $157,360. This overage is due to primarily to a proposal by the General Manager and staff to move certain salaries and benefits expenses forward into the annual budget when they have traditionally been reconciled in the mid-year budget because of their variability. Totaling $130,000, these are expenses such as out of class pay, vacation cash outs, merit and COLA increases for Board appointees (upon Board approval), unemployment expenses, and Ca1PERs and Medical for seasonal employees who qualify. Accounting for these expenses in the annual budget provides the Board and staff with better overall visibility into the total annualized cost for salaries and benefits. The additional expense begins this fiscal year and is carried forward. Future annual - - 7 R 10 34 Page 2 budgets will only indicate the increased costs for that specific budget year. The General Manager and staff request an exception to the Operating Expense Guideline to be considered for this fiscal year and that the Administration and Budget Committee (ABC) consider adjusting the Operating Expense Guideline to neutralize the effect of this increase on the services and supplies. Detailed information on how these expenses breakdown is included in the salaries and benefits section of this report. Each fiscal year, Capital Improvement Program (CIP) Projects are part of the District Action Plan. The majority of these projects are budgeted and managed by the Planning Department. To insure that the District is not overspending on CIP Projects, the Board approved a CIP Guideline in 2006 that allows for expenditures of$700,000 per year averaged over a 5-year period. This fiscal year's proposed CIP budget 5-year average for the Planning Department totals $697,830 which is less than the Guideline. During the budget process the ABC requested that a number of the Operations projects be accounted for as CIP projects. These include the new District Radio System, developing a new well at Tunitas Creek Open Space Preserve, site restoration at the Skyline Christmas Tree Farm and the Alpine Pond Management Plan at Skyline Ridge Open Space Preserve, and the Dyer Ranch Garage at La Honda Creek Open Space Preserve. The proposed CIP budget 5-year average for the Operations Department is $362,103. Adding this amount to Planning's $697,830 totals $1,059,933, $359,933 over the Guideline. The General Manager and staff request that an exception to the CIP Guideline be considered for this fiscal year, primarily because of the addition of the Operations CIP project costs, and that the ABC be tasked with reevaluating the Guideline for FY2011-12 as it was not originally designed to cover CIP projects outside of the Planning Department. The budget and action plan work together to define the work plan for the District in the coming year. Key projects in the action plan identify budget estimates for completing the work in FY2010-11. These costs were incorporated into the proposed budget for each department (please see each department budget discussion for exact key project budgets for each department). In addition, staff closely coordinated on key projects to insure that all department interdependencies were discussed and the associated costs budgeted. In reviewing proposed annual budgets in the past, staff has compared proposed budget costs with the current year's adopted budget. Additionally a standard was not created for comparing the proposed budget to the previous five years of costs. In developing the proposed budget for FY2011-12, the ABC requested that the proposed budget be compared against the current year's mid-year budget as the actual costs were not available and the mid-year budget was staff s best estimation of the expenses for that year. For all years previous to the current year, the proposed budget is then compared to the actual costs for each year. All comparisons in this report and g p Y P p future reports will use this standard. R-10-34 Page 3 2) Overall District Budget The budget for FY2010-11 totals $42 316 678 and breaks down as shown in Table 1 proposed g , below: Table 1 District-wide Budget 0 Categories Expenditures /o of'T'otal Expenditures /o of Total Subtotals Budget b category) Budget Operating Budget 0 Salaries & $10,929,774 25.8/0 Benefits Services & $2,991,276 7.1% Supplies Fixed Assets $336,610 .8% Total $14,257,360 34% Fixed Assets Property $182,459 .4% Management Unanticipated $25,000 .06% CIP Public Access $1,181,000 2.8% Facilities Staff Facilities $507,000 1.2% Planning Projects $353,000 .8% Mt. Umunhum $425,278 1.0% Other Special $1,651,000 3.9% Projects Total $4,324,737 1.0% Land Purchases $15,656,500 37% $15,656,500 37% Debt Service $8,078,081 19% $8,078,081 19% Total $42,316,678 100% $42,316,678 100% R-10-34 Page 4 Chart 1 indicates the District budget expenditures over the last five years in the major categories of Salaries and Benefits, Services and Supplies, Fixed Assets, Land Purchases and Debt Service. Chart 1 District Budget over 5 years F545,000,000 $40,000,000 i 535,000,000 -' $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 I .•rr $5,000,000 2006-2007 Actual 2007-2008 Actual 2008-2009 Actual 2009-2010 Mid Year 2010-2011 Proposed DLand ■Salaries&Benefits OServices&Supplies■Fixed Assets O Dent R-10-34 Page 5 3) Salaries and Benefits Salaries and benefits costs (budgeted) continue to increase at a higher rate than the growth in employees (budgeted) as shown in Chart 2. This is primarily due to increases in the Ca1PERS retirement rate and increases in CalPERS medical insurance costs. The slope of the line for salaries and benefits costs is slightly higher this fiscal year as the General Manager and staff are proposing to move $130,000 in salaries and benefits costs forward to the annual budget when they have routinely been accounted for in the mid-year budget. The reasons for this proposal are covered later in this section of the report. With economic conditions as they are and little or no growth in tax revenue this fiscal year and next year,pressure is placed on the District Operating Expense Guideline (see description later in the report). As salaries and benefits costs grow and tax revenue growth slows growth in services and supplies costs have to be reduced to meet the guideline as is the case for this fiscal year. Services and supplies for the proposed budget increased 7.1% whereas for FY2009-2010, services and supplies increased 7.73%. At a certain point decreases in the growth of services and supplies budget affects the ability of each department to accomplish their day-to-day work. Next fiscal year, the growth of costs in salaries and benefits will increase and the growth in service and supplies costs will need to decrease again potentially affecting day-to-day operations of District departments. Consequently, staff will start projecting the District budget for FY2011-12 at the beginning of FY2010-11 to understand the operating costs and to work with the ABC and District Controller to develop a series of recommendations to meet the Guideline and maintain the District's ability to operate on a day-to-day basis in FY2011-12. Chart 2 Historical Salaries and Benefits Analysis $12,000,000 ---- --____ _____ — 140 $10,000,000 _ - _ 11 3120 2 �Os9 `'e> 100 $8,000,000 a 80 w w $6,000,000 60 a f� S •6� O 200 co $4,000,000 v Y�v� � 40 �7 O $2,000,000 20 15 15 3 4 5 $0 q 0 00 p� O1 Oo�' ,�°' `LO `LO `LO ,y0 ,y ti ti ,ti0 ,y0 `l� ryo [--*—Salaries&Benefits--s-#of Employees #of Vacancies R-10-34 Page 6 As mentioned above, the General Manager and staff are proposing to move $130,000 in salaries and benefits costs forward to the annual budget when they have routinely been accounted for in the mid-year budget. This will add $130,000 to the salaries and benefits costs in a year when the overall salaries and benefits costs are placing pressure on the Operating Expense Guideline, but including them in the annual budget will provide a more representative view of the actual salaries and benefits costs in a fiscal year. As indicated earlier in the report, the additional expense increases the size of the salaries and benefits portion of the budget beginning this year and going forward and will require a commensurate adjustment in the Operating Expense Guideline to neutralize its effect on services and supplies. A detailed list of these specific salaries and benefits costs is shown below. Out of Class Pay $ 14,816 Vacation Cash Out $ 13,600 Board Appointee Annual Merit and COLA $ 40,415 Unemployment expenses $ 34,000 PERS for seasonal employees who qualify $ 1.6,133 Medical for seasonal employees who qualify $ 10,500 Total $129,500 4) Operating Budget and Guidelines The proposed $14,257,360 operating budget includes expenses for salaries and benefits as well as services and supplies. This amount increased 4.3% from the FY2009-10 mid-year budget due to increases in salaries and benefits as most departments have achieved full staffing, increases in both the CalPERS retirement employer rate and CalPERs medical insurance costs, and the across the board 2.5% salary increase driven by the District/Employee Memorandum of Agreement. Services and Supplies were decreased for the second year in a row to offset the increase in salaries and benefits. For the first time, projects in the Operations department have been included as capital improvement projects and are now accounted for outside the operating expense and operating growth guidelines. These projects, along with their associated costs, are noted below: Mt. Umunhum Planning $425,278 Tunitas Creek Open Space Preserve Well $ 91,000 Alpine Pond Long Term Management Plan $ 40,000 Skyline Tree Farm Restoration $ 40,000 La Honda— Dyer Ranch Garage $ 60,000 Total $656,278 a) Operating Expense Guideline This year, for the proposed budget, emphasis has been placed on the Operating Expense Guideline because it tracks operating expenses as a percentage of projected tax revenue. Operating expenses include salaries and benefits, services and supplies, and fixed assets associated with the administration of the District's five departments. Excluded from this guideline are 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 and Operation Department projects). R-10-34 Page 7 Given current economic conditions, understanding whether the District's tax revenue can adequately finance our operating budget is a critical consideration. Per the Guideline, operating expenses should be at or below 50% of tax revenues or $14,100,000. The ratio for the proposed FY2010-11 operating budget is 51.60% ($14,257,360), which is over the Guideline, but this percentage is expected to drop to 50% as actual operating expenditures are expected to be 97% of budget or $13,829,639. Prior to FY2009-10, the actual operating expenditures were assumed to be 95% of budget. However, with refinements in budget planning, the District Controller is recommended a fiscally conservative percentage of 97%. Please reference Exhibit B. b) Operating Growth Guideline The District's Operating Growth Guideline limits the average annual growth in operating expenses to 7%. As tax revenue growth has declined well below 7% in FY2010-11, this guideline cannot be used to effectively limit growth of the District operating budget, whereas the Operating Expense Guideline tracks operating expense growth as a percentage of tax revenue growth which is critical in low tax revenue growth years. The proposed FY2010-11 operating budget, at $14,257,360, is $389,202 under the 7% growth guideline of$14,646,562. Assuming 97% actual expenditures during the fiscal year, the District would be under the 7% growth guideline by $816,923. Please reference Exhibit C. c) Coverage Ratio Guideline The Coverage Ratio Guideline was proposed by the District Controller to provide 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. In the fall of 2010, the District will consider borrowing from $20 -$30 million to fund land acquisitions and other capital expenditures from 2010 through 2012. Consequently, the Coverage Ratio does not apply for this fiscal year as the $2 million will not be set aside for future debt financing. The proposal to consider burrowing the $20 - $30 million will be presented to the Board later this year. d) Capital Improvement Program (CIP) Budget & Guideline The Board approved a new Budget Guideline for the CIP 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. Until this fiscal year, Planning was the only department that included CIP projects in its budget. The Guideline allows for expenditures of$700,000 per year averaged over a 5-year period. This year's proposed CIP budget 5-year average for Planning is $697,830 which is under the Guideline. During the budget process the ABC requested that the Operations Department CIP projects be included in the Guideline. The Operation Department's proposed CIP budget 5-year average is $362,103, which, when added to the Planning Department's 5-year average of$697,830 totals $1,059,933, which exceeds the Guideline by $359,933. Although the ABC has requested this change, this Guideline needs to be reevaluated by the Committee as it was not originally designed to cover CIP projects outside of the Planning Department. R-10-34 Page 8 This Guideline also does not include the Mt. Umunhum project, which totals $425,278, as portions of this project will be reimbursed by Federal defense funding. This fiscal year the Operations Department will be managing $1.6 million in CIP projects. This has a major impact on the CIP Guideline. c) 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 FY201 0-11 the expenditure allowed under this Guideline is $493,500. The ten year average is $284,750 and continues to be well below this Guideline. 5) New Staffing Assistant General Manage The Administration department and the General Manager are proposing to add an Assistant General Manager at mid-year to assist the General Manager in running the day-to-day organization, thus allowing him to focus more attention on District and Regional open space projects/issues. In the time between budget adoption and mid-year, a number of vacant key positions in the Administration Department will be filled including the Administration and Human Resources Manager, Clerk of the Board, and Principal (Senior) Management Analyst. This time period will give the General Manager the opportunity to assess the impact of these newly filled positions on the overall operation, including the priority for hiring an Assistant General Manager at that time. Mt. Umumhum Project Manager (2-year limited term employee) FY201 0-11 will be the first year of planning and remediation for the Mt. Umunhum. Planning Department staff is proposing to add a 2-year limited term employee to manage this key project. A portion of this person's salary and benefits (75%or approximately $93,957) will be reimbursed from the $3.2 million budgeted by Congress for the Mt. Umunhum clean up. 6) Proposed Department Budgets 1. Administration 09-10 09-10 10-11 Percent Midyear Projected Proposed Change from Budget Expenses Budget Midyear Salaries & Benefits $1,765,016 $1,748,073 $2,058,345 16.62% Services & Supplies $595,495 $592,319 $692,577 16.30% Fixed Assets $75,000 $75,000 $50,000 (33.33)% TOTAL $2,435,511 $2,415,392 $2,800,922 15.000-' /0 The proposed FY201 0-11 budget for the Administration Department is $2,800,922, which is an increase of 15% from the FY2009-10 midyear budget. This budget includes expenditures for salaries and benefits, services and supplies and fixed assets. R-10-34 Page 9 The Administration Department budget includes $373,254 for key projects as described in the proposed FY201 0-11 Administration Department action plan summary. The General Manager's discretionary contingency account is proposed for the FY201 0-11 budget in the amount of$50,000 for unanticipated key projects. Any expenditure from this account will be reported to the Board. Salary and Benefits The proposed salaries and benefits for the Administration Department is $2,058,345. This is an increase of approximately 16.62% from the FY2009-1 0 midyear budget. The increased personnel costs are due to the increased expenses outlined in the Operating Budget and Guidelines section of this report as well as the addition to Administration of these two positions: • District Clerk (approved by the Board at the November 18, 2009 meeting— see report R-09- 121) • Assistant General Manager—(6 months) Please refer to the section in this report on new staffing for information on the Assistant General Manager position. Services and Supplies The Administration Department's proposed budget for services and supplies is $692,577, which is an increase of 16.3% from the FY2009-10 midyear budget. �T- (0 This fiscal year there are elections in Wards 1, 2,;V, and ': Administration is budgeting $120,000 to handle the expenses for these elections. Depending on the number of Board positions that are challenged in November, this number will need to be increased or decreased at the mid-year budget. Fixed Assets The proposed fixed assets budget for FY201 0-11 is $50,000. The $50,000 will be spent on the following project: a. Integrated Accounting, Budget and Finance Software 2. Real Property 09-10 09-10 10-11 Percent Mid-year Projected Proposed Change from Budget Expenses Budget Mid-year — Salaries & Benefits $535,168 $530,512 $586,647 9.62% Services & Supplies $184,250 $114,370 $167,840 (8.91)% Property Management $152,614 $132,934 $182,459 19.56% Debt Service $7,818,920 $7,818,920 $8,078,081 3.31% Land (including costs $20,378,775 $17,187,775 $15,656,500 (23.17)% associated with purchase) TOTAL $29,069,727 $25,748,511 $24,671,527 (15.13)% The proposed FY201 0-11 budget for the Real Property Department is $24,671,527, which is a decrease of approximately 15% from the FY2009-10 mid-year budget. This budget includes expenditures for salaries and benefits, services and supplies, property management, debt service R-10-34 Page 10 and land. Excluding debt service payments, the Real Property Department budget is $16,593,444. The Real Property Department budget includes $15,743,000 for key projects as described in the proposed FY201 0-11 Real Property Department action plan summary. The Real Property Department's emphasis during FY201 0-11 will continue to be the purchase 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 Mills Creek, Russian Ridge, Bear Creek Redwoods, Sierra Azul, and Skyline Ridge Open Space Preserves. The Land Protection Program will continue to seek resolution to encroachment problems and property right disputes. Salaries and Benefits The proposed salaries and benefits for the Real Property Department is $586,647. This is an increase of approximately 9.6% from the FY2009-1 0 mid-year budget. The increased personnel costs are due to the increased expenses outlined in the Operating Budget and Guidelines section of this report. In addition, the Administrative Assistant's CalPERs retirement and medical insurance were not included in last year's budget, but are now included in the FY2010-11 budget. Services and Supplies The Real Property Department's proposed budget for services and supplies is $167,840. This is a decrease of approximately 9% from the FY2009-1 0 mid-year budget and is primarily due to decreases in department expenses to offset increased salaries and benefit costs. 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 FY201 0-11 budget for the Property Management Program is $182,459, an increase of approximately 19.6% from the FY2009-10 mid-year budget to perform identified repair and maintenance of private and employee residential rental structures. Net income from the District's property management properties for FY2010-11 is projected at $745,952 (gross income of $928,411 minus $182,459 in expenses). Debt Service Debt Service for repayment of principal and interest on the District's land contracts and note issues is budgeted at $8,078,081 for FY201 0-11, which represents a 3% increase over FY2009- 10 mid-year budget. No additional debt service will be incurred in F Y201 0-11 from the proposed debt financing in the fall of 2010. Land The proposed budget for FY2010-11 for new land expenditures is $15,656,500. This is a 23.17% decrease from the FY2009-10 mid-year budget and is based on opportunities anticipated in the coming year. The District Controller forecasts that the amount budgeted for new land purchases, $15,000,000, will be available in FY2010-1 1. The budget for new land expenditures also includes fixed assets totaling $656,000 relating to land purchase support such as appraisals, R-10-34 Page 11 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. This fiscal year, there are a number of site improvement projects associated with recent land purchases such as the landfill remediation efforts at the Mindego Ranch addition to Russian Ridge, the demolition and site clean up at the Beatty property addition to Sierra Azul and the opening of the access easement to the Elkus Ranch Uplands addition to Purisima Creek Redwoods. 3. Planning 09-10 09-10 10-11 Percent Midyear Projected Proposed Change from Budget Expenses Budget Midyear Salaries & Benefits $1,361,920 $1,361,920 $1,384,035 1.62% Services & Supplies $64,358 $62,188 $51,750 (19.59)% Fixed Assets $6,500 $6,425 $0 (100.00)% Mt. Umunhum $0 $0 $425,278 Planning Projects $287,900 $222,700 $353,000 22.61% Staff Facilities $470,000 $325,000 $507,000 7.87% Public Facilities/FEMA $460,715 $237,768 $1,181,000 156.34% Unanticipated Capital $25,000 $25,000 $25,000 Improvements TOTAL $2,676,393 $2,241,001 $3,927,063 46.73 The proposed FY2010-11 budget for the Planning Department is $3,927,063, which is an increase of approximately 47% from the FY2009-10 midyear budget. The Planning Department budget includes $2,056,000 for key projects as described in the proposed FY2010-11 Planning Department action plan summary. Salaries and Benefits The proposed salaries and benefits for the Planning Department is $1,384,035. This is an increase of approximately 2% from the FY2009-10 midyear budget. The increased personnel costs are due to the increased expenses outlined in the Operating Budget and Guidelines section of this report. Recruitment just began for the currently vacant position of Open Space Planner II. This fiscal year a project manager will be hired to manage the Mt. Umunhum planning and remediation project. This limited term position will be for two years. A portion of the project manager's salary will be reimbursed by federal funding appropriated by Congress. Services and Supplies The Planning Department's proposed budget for services and supplies is $51,750. This is a decrease of approximately 20% which was achieved by decreasing expenditures in line items including books and subscriptions, local business meeting expenses, training, memberships and dues, computer supplies and hardware, and postage. Planning Projects and CIP Budget The proposed Planning Projects and CIP (CIP) Budget of$1,534,000 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 R-10-34 Page 12 expenditures are included under the CIP Guideline, whereas the Staff Facilities expenditures are monitored by the Staff Facilities Program Guideline. The projects and total costs under the Planning Projects Program and Public Facilities Programs are described in the table below: Planning Projects Program • Cooley Landing Peninsula Site Planning • Mt. Umunhum Site Planning • Sierra Azul/Bear Creek Redwoods Master Plan • Public Use Study (Trail Impacts) • Completion of the La Honda Creek Master Plan • Completion of the Resource Management Policies Update • Development of an Agricultural Policy Guide • Completion of the Schilling Lake Management Plan • Agricultural Production Plans for future properties with prime agriculture • The Hawthorns Property Transfer(historical and structural assessment) • Natural resource surveys • Road and trail assessments • Development of a Water Rights Database • Preparation of a Standards Details and Specifications Binder • Small Grants Program Total Planning Projects Program Budget $353,000 Capital Improvements Program • Watershed Protection Program Year 5 Implementation, El Corte de Madera Creek • Completion of the Thornewood Trail Improvements • Mindego Hill Trail planning and design at Russian Ridge • La Honda Creek Phase I/Year 1 Implementation Projects • Bear Creek Stables Site Management Plan • El Corte de Madera Creek Open Space Preserve Staging Area, design and permits • Fremont Older Staging Area Public Safety Improvements • Alma College Conditions Assessment (Retaining Wall) • Mt. Umunhum Remediation and Restoration • Purisima Creek Redwoods Lower Parking Expansion. • Pulgas Ridge-Los Vientos Way trail connection • Kennedy Road Culvert Replacement • Big Dipper Road Restoration • Guadalupe Creek Watershed Mercury Total Maximum Daily Load (TMDL) • Hicks Flat Remediation, Sierra Azul • Pond DR06 Repair, La Honda Creek • La Honda Creek Pond Management Plan Phase 11 Implementation Total Capital Improvements Program Budget $1,181,000 R-10-34 Page 13 The proposed $507,000 budget for the Staff Facilities Program includes funding to plan and demolish existing structures and begin planning for future site improvements and initiate design for a new staff facility in the south area of the District, complete design and apply for permits for basic improvements to the Folger House, designated to become an employee residence at Driscoll Ranch, and plan for basic remodel of field office and construction of new shop building at the Skyline Field Office. FY201 0-11 will be the first year no funds are allocated under the Coasiside Protection Program, which began in FY2000-01. Program 37, formerly used for this program, will now be used for the new Mt. Umunhum Program. The Unanticipated Capital Improvements Program includes budget allocations for emergency repairs or unanticipated capital improvement projects that address public safety. The proposed budget is $25,000. 4. Operations 09-10 09-10 10-11 Percent Midyear Projected Proposed Change from Budget Expenses Budget Midyear Salaries & Benefits 5,714,862 5,714,862 6,072,106 6.25% Services & Supplies 1,868,445 1,820,206 1,724,761 (7.69)% Fixed Assets - Operating 419,885 307,625 336,310 (19.85)% Expenses Fixed Assets - Special 350,000 150,000 1,601,000 357.43% Projects TOTAL 8,352,892 7,992,693 9,734,177 16.54% The proposed FY201 0-11 budget for the Operations Department is $9,734,177 which is an increase of 16.54% from the FY2009-1 0 midyear budget. This budget includes expenditures for salaries and benefits, services and supplies and fixed assets. This budget includes $1,938,425 for Operation department key projects as described in the proposed FY20 10-11 Operation Department action plan summary. Salaries and Benefits The proposed salaries and benefits for the Operations Department is $6,072,106. This is an increase of 6.25% from the FY2009-10 midyear budget. The increases in personnel costs are due to those increased expenses as outlined in the Operating Budget and Guidelines section of this report, especially the inclusion of costs previously only considered at the mid-year budget, the negotiated increase of 2.5% for staff wages, and the regular step increases for staff. No new positions are proposed for the Operations Department this fiscal year and the departmentis fully staffed. Services and Supplies The Operations Department's proposed budget for services and supplies is $1,724,761. This is a decrease of 7.69% from the FY2009-1 0 midyear budget and is required to meet budget targets described above. R-10-34 Page 14 Various budget reductions were made to meet budget goals and Action Plan priorities. $87,000 was eliminated as staff is recommending the discontinuation of the law enforcement contract with the Santa Clara County Sheriff. Offsetting these decreases are increases in rents and leases ($34,160), increased costs for field consumables ($20,300) and a new respirator safety program ($5,000). Fixed Assets The proposed fixed asset budget is $1,937,310. This is an increase of 151.73% from FY2009-10 midyear budget. This is the first year that Operations Department projects have been designated as CIP projects, which places them outside the Operating Expense and Operating Growth guidelines. However, these projects are included in the CIP Guideline. Capital Improvements Program Projects • District Radio System • Well at Tunitas Creek Ranch Open Space Preserve • Skyline Ridge Tree Farm Restoration—Final Phase • Alpine Pond Long Term Management Plan • La Honda Creek Open Space Preserve Garage Protection Project Total Capital Improvements Program Budget $1,601,000 Included in Operation's fixed asset budget is the purchase of three patrol vehicles, one maintenance vehicle, and field equipment for a cost of$305,000. These expenses fall within the Operating Expense Guideline. 5. Public Affairs 09-1.0 09-10 10-11 Percent Midyear Projected Proposed Change from Budget Expenses Budget Midyear Salaries & Benefits $792,186 $792,186 $828,641 4.6% Services & Supplies $367,650 $358,322 $354,348 (3.6%) TOTAL $1,159,836 $1,150,508 $1,182,989 2% The proposed FY2010-11 budget for the Public Affairs Department is $1,182,989, which is an increase of approximately 2% from the FY2009-10 midyear budget. This budget includes expenditures for salaries and benefits and services and supplies. This budget includes $94,400 for Public Affairs Department key projects as described in the proposed FY2010-11 Public Affairs Department action plan summary. Salaries and Benefits The proposed salaries and benefits for the Public Affairs Department is $828,641. This is an increase of approximately 4.6% from the FY2009-10 midyear budget. The increased personnel costs are due to those increased expenses as outlined in the Operating Budget and Guidelines section of this report. The Public Affairs department will be fully staffed for FY2010-11. Services and Supplies R-10-34 Page 15 The Public Affairs Department's proposed budget for services and supplies is $354,348. This is a decrease of 3.6% from the FY2009-1 0 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 an increase in fees, an additional $13,600, for the District's Legislative Consultant, $7,000 for quantitative research to segment the results of the District's May 2007 study by demographic data, $2,000 to create an Environmental Ethics Outreach Campaign, $1,000 for Collaborative Family Programming with Santa Clara Valley Audubon Society, $12,000 for Phase 11 Implementation of the District-Wide Interpretive Plan, and $4,000 to create a Geocaching Program. Other Service and Supplies operating funds are budgeted for ongoing volunteer, docent, and interpretive programs; publications, postage, and contract services. FISCAL IMPACT Final adoption of the proposed FY201 0-11 budget by the Board will authorize $44,917,647 to accomplish the District's work plan for the next fiscal year as outlined in Table 1. This represents an overall 3.2% decrease in anticipated spending from the FY2009-1 0 mid-year budget, which is the best predictor of actual spending. PUBLIC NOTICE Public notice has been provided as required by the Brown Act. CEQA COMPLIANCE None required. NEXT STEPS • The Board reviews this proposed FY201 0-11 budget • The Board determines whether the Administration and Budget Committee must meet to further discuss and refine the proposed FY201 0-11 budget • The Board approves the FY201 0-11 proposed budget at the March 20' Board Meeting Attachment(s) 1. Budget Analysis, Operating and Non-Operating Expenses 2. Income and Expense Analysis 3. Operating Budget Analysis 4. Tax Revenues in excess of Full Operating Expense and Debt Service 5. Tax Revenue, Full Operating Expense and Debt Analysis Board Report Prepared by: 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 Stephen E. Abbors, General Manager Mike Foster, Controller Elaina Cuzick, Acting Principal Management Analyst Gordon Baillie, Management Analyst, Operations R-10-34 Page 16 Contact person: Stephen E. Abbors General Manager Curt Riffle, Chair, Administrative Budget Committee R-10-34 Attachment 1 Page 17 Budget Analysis,Operating and Non-Operating Expenses A B C GA C/B Budget Analysis %Change %Change 2009.2010 2009.2010 from 09-10 from 09-10 2008-09 2009.10 Proposed Projected 2010-11 Adopted Mid Year Actual Adopted Mid Year Expenses Proposed Budget Budget Program 32 (Salaries+ Benefits 1,167,317 1,323,405 1,361,920 1,361,920 1,384,035 4.58% 1.62% Program 32 Services + Supplies - 55,954 66,527 - 64,358 62,188 51,750 -22.21% 19.59°! SUBTOTAL,Operating Expenses 1,223,271 1,389,932 1,426,278 1,424,108 1,435,785 3.30% 0.67% E4eram 32 Fixed Assets 0 7,000 6,500 6,425 0 -100.00% -100.00 EWZ[ m 37 Mt.Umunuhum 9,493 0 0 0 4250278 '...... Pro?ram 36 Planning Projects 211,327 406,900 287,900 222,700 353,000 -13.25% 22 61 Pro ram 35 Staff Facilities 252,023 915,000 470,000 325,000 507,000 -44.59% 7.87% _ Program 34 Public Facilities/FEMA 625,664 687,600 460,715 237,768 ;3,927tO63 181,000 71.76% 156.34% '.... Program 38 Unanticipated CIP 22,313 25,000 25,000 25,000 25,000 0.00% 0.00% TOTAL,All Expenses 2,344,091 3,431,432 2,676,393 2,241,001 14.44% 46.73% Salaries+ Benefits 5,178,748 5,672,089 5,714,862 5,714,862 072,106 7.05% 6.25% Services+ Supplies 1,645,738 1,825,981 1,868,445 1,820,206 1,724,761 -5.54% -7.69% Fixed Assets 451,036 438,960 419,585 307,625 336,310 -23.38% -19,85% SUBTOTAL,Operating Expenses 7,275,522 7,937,030 8,002,892 7,842,693 8,133,177 2.47% 1.63% (Special Projects 42,934 950,000 350,000 150,000 1,601,000 68.53% 357A3% TOTAL,All Expenses 7,318,456 8,887,030 8,352,892 7,992,693 9,734,177 9.53% 16.54% Salaries+ Benefits 704,910 7 74,6 11 792,186 792,186 828,641 6.98% 4,60% Services+ Supplies 377,668 363,750 367,650 358,322 354,348 -2.58% -3.62 SUBTOTAL,Operating Expenses 1,082,578 1,138,361 1,159,836 1,150,508 1,182,989 3.92% 2.00% TOTAL,All Expenses 1,082,578 1,138,361 1,159,836 1,150,508 1,182,989 3.92% 2.00% Salaries+ Benefits 450,643 528,141 535,168 530,512 586,647 11.08% 9,62 Services+ Supplies 155,909 198,350 184,250 114,370 167,840 -15.38% -8.91 SUBTOTAL,Operating Expenses 606,552 726,491 719,418 644,882 754,487 3.85% 4.87% 'Property Management 88,509 142,027 152,614 132,934 182,459 28.47% 19.56% '.. Debt 7,587,704 7,818,920 7,818,920 7,818,920 8,078,081 3.31% 3.31 Land+Ass.Costs 28,065,449 20,378,775 20,378,775 17,187,775 15,656,500 -23.17% -23.17 TOTAL,All Expenses 36,348,214 29,066,213 29,069,727 25,784,511 24,671,527 -15.12% -15.13% Salaries+ Benefits 1,652,076 1,700,360 1,765,016 1,748,073 2,058,345 21.05% 16.62 i Services+ Supplies 638,971 607,826 595,495 592,319 692,577 13,94% 16.30% SUBTOTAL,Operating Expenses 2,291,047 2,308,186 2,360,511 2,340,392 2,750,922 19.18% 16.54% (Fixed Assets 0 110,000 75,000 75,000 50,000 -54.55% -33.33% TOTAL,All Expenses 2,291,047 2,418,186 2,435,511 2,415,392 2,800,922 15.83% 15.00% Operating Budget 12,478,970 13,500,000 13,668,935 13,402,583 14,257,360 5.61% 4.307 Property Management 88,509 142,027 152,614 132,934 182,459 28.47% 19.56% '... Unanticipated CIP 22,313 25,000 25,000 25,000 25,000 0.00% 0.00 Public Access Facilities 625,664 687,600 460,715 237,768 1,181,000 71.76% 156.34% Staff Facilities 252,023 915,000 470,000 325,000 507,000 44.59% 7.87% Planning Projects 211,327 406,900 287,900 222,700 353,000 -13.25%1 22.61 Mt.Umunhum 9,493 0 0 0 425,278 - ----Special Projects 42,934 1,067,000 431,500 231,425 1,651,000 54,73% 282.62% Amount outside of Operating Budget 1,252,263 3,243,527 1,827,7291 1,174,827 4,324,737 33.33%1 136.62% Salaries and Benefits 9,153,694 9,998,606 10,169,152 10,147,553 10,929,774 9.31% 7.48% Services and Supplies 2,874,240 3,062,434 3,080,198 2,947,405 2,991,276 -2.32% -2.89% Fixed Assets 451,036 438,960 419,585_ 307,625 336,310 .23.38% __-19.85% _ ..... Subtotal{Operating Budget} - -12,478,970 13,500_000 13,668,935 13,402,583 14,2_57,360 --_5.61% - -4.30% Total Outside Operating Budget 1,252,263 3,243,527 - 1,827,729 - 1,174,827 - 4,324,737 -33.33% -t36.62 ----------I- - -- I--- ----:-:_:-:_-- ----- - -- -- -- -- - -- --- - --- - ---- _Subtotal{Full Operating Budget} 13 731,233 16,743�527 - 15,496,664 14,577,410 -18,582,097 --10.98% -- 19.91% - - - --�-- ----------7- --_._befit_,_._._ 7,587,704 7,818,920 7,818,920 7,818,920 -8,078,081 -- 3.31% ---3.31 ----- ---- - - -- - Subtotal(Includes Debt) 21,318,937 24,562,447 23,315,584 22,396,330 26,660,178 8.54% 14.34% --------- - - - Land+Assoabosts 27(65,449 20,378,775 20,378,775 17,187,77'5 15,656,500 --23.17-/ 23.17% District Budget Total 49,384,3861 44,941,222 43,694,359 39,584,1051 42,316,678 -5.84% -3.15%1. i Income and Expense Analysis -� Averaged Tax Growth for the Last 10 Years is 5.7%. Mid Year Proposed p Budget. Budget 00101 01/02 02103 03/04 04105 05/06 06/07 07/08 08109 09110 10/11 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 27,650,000 ERAF ' ` 1 u0! 580 000 0 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 27,650,000 Tax Revenue Growth 13.1% 9.5% 6.9% 1.8% -2.8% 8.4% 15.8% 6.2% 6A% 4.8% 0.1% Operating Budget(OB) 6,669,677 7,478,875 8,028,452 8,288,803 8,278,278 9,782,129 11,097,639 12,084,321 12,987,261 13,668,935 14,257,360 OB Compared to TR 41.6% 42.6% 42.8% 43.4% 44.5% 48.5% 47.6% 48.8% 49.3% 49.5% 51.6% Full Operating Budget(FOB) 8,066,483 8,339,445 8,646,929 11,905,180 10,604,175 11,243,902 12,349,902 15,327,848 14,8141990 14,843,762 18,582,097 FOB Compared to TR 50.3% 47.5% 46.0% 62.3% 57.1% 55.8% 52.9% 61.9% 56.2% 53.8% 67.2% Full Operating Actual(FDA) 6,798,342 8,219,815 8,327,407 9,630,759 9,843,784 10,603,702 11,657,973 12,078,914 131731j233 14,160,315 -18,154,376 FOA Compared to TR 42.4% 46.8% 44.3% 50.4% 53.0% 52.6% 50.0% 48.8% 52.1% 51.3% 65.7% t > Debt Service 6,053,813 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 8,078,081 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% 29.2% OB .Debt ? tt14y 120,2964,495,618 1 ,254,461 18 249,143 k17 495101 „18,205,`116� 19 233�902 22;745,937 FOB+Debt as%of TR 88.0% 82.5% 86.6% 95.5% 94.1% 90.3% 82.4% 91.8% 85.9% 82.1% 96.4% IFOA Detit ".,,, 1;852,155 4 15 375,988 I5,93441338 22 1 5 74, B 3d fJD fi S 6 a 3 97 u 9497�t?03 � I 1 j%23 232457> FOA+Debt as%of TR 80.1% 81.8% 84.9% 83.6% 90.0% 87.2% 79.5% 78.7% 81.8% 79.6% 94.9% 'O >v l7Q "Full"=Line items both included and excluded from the 7%guideline,but does not include debt service or land acquisition and associated costs. 00 For Operating Budget,amount shown is mid- OPERATING BUDGET ANALYSIS year adjusted starting in 2000/01 2010/2011 Proposed 16,000,000 0 2010/11 Operating Budget is$14,257,360, which is$389,202 under Adjusted 7%Growth Guideline of$14,646,562 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 of$436,157 and$150,000 for RSA Expenditures for 10/11 are$ > 13,829,639 based on 97% 10,000,000 County Park spending. w 8,000,000 ERAF shift starting FY 04- ns 6,000,000 Averaged Tax Growth for the Last 10 Years is 5.7%. 4 non non - - - - - - - - - - - - - -- - -- -- - - - - - Operating Ci O� O NQ1 Budget 00� O00 00'�' 00� 00� OOtk' OOh OOro 00 00� 000' OHO u a Growth '� `ti �. `L rc j (based on Mid-year) 7.4% 13.4% 12.1% 7.3% 3.2% -0.1% 18.2% 13.4% 8.9% 7.5% 5.2% 4.3% �7%Growth 2001 -2008 13 Operating Budget Actual Expenditures(Operating Budget) �Adusted 7%Growth 08-> �7%Growth 1998-2001 Tax Revenues in Excess of Full Operating Expenses + Debt Service Note: Prior Years Values are for MidYear 30,000,000 25,000,000 20,000,000 � I 15,000,000 � 10,000,000 ' 5,000,000 0 -, c� 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 c In Debt Service 0Full Operating Actual 0Tax Revenue in Excess of Fixed Expenses Tax Revenue, Full Operating and Debt Expenses Analysis (Full Operating Actual Expenses Exclude:Debt,and Land+Associated Expenses) Tax o Full Operating Revenue 28,000,000- Actual+Deb combined 26,000,000 24,000,000- 22,000,000-- 20,000,000 - 18,000,000 16,000,000- / 12,000,000- 10,000,000- Operating (-A ual 8,000,000- ""►" penses) 6,000,000- 4,000,000- 2,000,000- 0-1 00/01 01/02 ebt Payments 02/03 03104 04/05 05/06 06/07 p' 07/08 08/09 CD 09/10 N 10/11 -' 11 Debt Service C�Full Operating Actual(FOA) 13 FOA+Debt ■Tax Revenue JR) Midpeninsula Regional Open Space District R-10-28 Meeting 10-06 February 24, 2010 AGENDA ITEM 7 AGENDA ITEM Approval of the proposed purchase of the Sare Trust property as an addition to Mills Creek Open Space Preserve, located south of State Highway 92 near Half Moon Bay in unincorporated San Mateo County (Assessor's Parcel Number 056-430-010); Adoption of the Preliminary Use and Management Plan; Authorize the General Manager to file for Williamson Act nonrenewal; and Approval of a Categorical Exemption in Accordance with the California Environmental Quality Act. GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the Purchase of the Sare Property and the Agricultural Lease of a Portion of the Property. 3. Adopt the attached Resolution authorizing the General Manager to file a notice of Williamson Act nonrenewal with San Mateo County. 4. Adopt the Preliminary Use and Management Plan contained in this report and name the purchased property as an addition to Mills Creek Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the 160 acre Sare Trust property, at a price of$1,420,000. As part of this transaction, the District is also proposing to lease back a 1.74 acre tree farm to the Sare family. In addition, the District is proposing to file for non-renewal of the Williamson Act contract with San Mateo County. The following report presents a description of the Sare Trust property, Coastside Protection Plan process, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions, and financial consideration. R-10-28 Page 2' DISCUSSION The 160-acre Sare Trust (Sare) property being considered for purchase by the District is located slightly south of State Highway 92 (San Mateo Road), in unincorporated San Mateo County approximately four miles northeast of the City of Half Moon Bay. This property is approximately '/4 mile north of the 992-acre Mills Creek Open Space Preserve (Preserve). The property is within the District's Coastside Protection Area, an area that was annexed into the District boundaries in 2004. Property Description (see attached map) The coastal landscape of the Sare property consists of steep canyons, scenic ridgetops, and a small Christmas tree farm area. Rising to a height of approximately 900 feet, the upper ridges of the property possess excellent views of Half Moon Bay, Albert Canyon, the San Mateo County coast and the western Santa Cruz Mountains. The subject property is bordered by private property on all sides, with the adjacent land to the north being retained by the Sare family. The property provides varied habitat for wild animals to roam, including mammals such as coyotes, bobcats and dusky-footed woodrats. Twinberry, coyote brush and other coastal scrub plants grow profusely on the property's steep slopes studded with serpentine rock outcroppings. Grassy meadows carpet the flatter plateaus and ridgetops. The property includes an unnamed tributary to Pilarcitos Creek with lush riparian habitat including alders and willows. The Pilarcitos Creek watershed is a significant environmental resource, rich in native plant and animal species and identified as critical habitat for the recovery of Steelhead trout (federally listed as threatened). A consortium of public and private stakeholders led by the San Mateo County Resource Conservation District is currently working on a Pilarcitos Creek Integrated Watershed Management Plan. The plan would determine how to more effectively manage the competing uses of water from Pilarcitos Creek and promote balanced solutions that satisfy environmental, agricultural, public health and economic interests. The property is located slightly south of Highway 92 which, after heading eastward of the Half Moon Bay city limits, becomes a limited access highway preventing non-motorized crossing. The proposed Sare property purchase includes an appurtenant access easement from the intersection of Highway 92 and Pilarcitos Creek Road. This easement is notable since it uses an underpass to cross the highway and uses two bridges crossing Pilarcitos and Albert Creeks. Existing land uses include open space and Christmas tree farming on approximately 1.74 acres at the north west corner of the property. The District is proposing that the tree farming continue under an agricultural lease with the current owner. The only improvements found on the property consist of a small barn and spring-fed water system, which is in disrepair and not in use. The access easement and lease provisions are discussed further under Terms and Conditions below. R-10-28 Page 3 Staff has reviewed San Mateo County's property records and files and is satisfied that no underground storage tanks or hazardous conditions exist on the property. Coastside Protection Program Process As part of the annexation process, the Service Plan and subsequent conditions approved by LAFCo established a number of policies and procedures for conducting the Coastside Protection Program. The Program now guides the District's purchase, use and management of open space land within the Coastside Protection Area. The proposed purchase of the Sare property and the accompanying Preliminary Use and Management Plan described in this report are consistent with the policies and procedures contained in the Program. The Coastside Protection Program requires consultation with interested public agencies, officials and interested organizations to solicit input into the planning process prior to the Board's consideration of purchasing the property. District staff presented information and solicited comments on the proposed purchase at a San Mateo County Farm Bureau meeting. The District's Real Property Committee, a standing committee of the Board of Directors, held a meeting on November 5, 2009 at the Sare property (within the Coastside Protection Area) with neighbors and interested parties in order to familiarize them with the property and to receive public input on the proposed purchase of the property. Prior notice of the meeting was distributed to property owners and residents of land near the Sare property, individuals previously expressing interest in Mills Creek Open Space Preserve, Coastside public officials, community-interest groups, media, conservation-oriented organizations, government agencies and government-sponsored organizations within the Coastside Protection Area. Five members of the public attended the meeting, including the San Mateo County Agricultural Commissioner. At the meeting, staff described the property, the proposed preliminary use and management plan for the property, and the terms of the proposed purchase. USE AND MANAGEMENT Planning Considerations To preserve the Bay Area's natural features and open spaces, the Association of Bay Area Governments (ABAG), through their FOCUS Program, has partnered with land trusts, open space districts, parks and recreation departments, and local jurisdictions to identify areas of regional significance that have broad community support and an urgent need for protection to be designated as Priority Conservation Areas (PCAs) for the region. FOCUS is an incentive-based regional development and conservation strategy that promotes a more compact land use pattern for the Bay Area. The District identified the upper Highway 92 /northern Skyline Boulevard area as a priority for conservation because it serves as the gateway to the San Mateo Coast and is essential to the District and San Mateo County goal of preserving rural and agricultural character. The proposed Sare property purchase is located within the "Gateway to the San Mateo Coast" PCA designated as part of the FOCUS process. The Sare property is comprised of one legal parcel and has a potential density of two residential sites. Development of the property for residential purposes would be feasible, since ridgetop building sites are accessible by dirt ranch roads. The property is surrounded on all sides by private land. R-10-28 Page 4 The property's San Mateo County General Plan designation is Agriculture, and it is located within the Coastal Zone. The zoning designation is Planned Agricultural District—Coastal Development(PAD-CZ). According to the California Department of Conservation's 2008 Farmland Mapping and Monitoring Program (FMMP), the property is not well suited to the cultivation of agricultural crops, and does not contain Prime Farmland, Unique Farmland or Farmland of Statewide Importance. The FMMP shows approximately 42 acres of land suitable for grazing along the property's upper ridgeline. In past years, the upper grasslands were leased for beef cattle grazing; however, the practice was discontinued many years ago since the available acreage was too small to be economically viable. On September 22, 2009, District staff sent a letter to San Mateo County requesting County General Plan conformity review of the District's proposed property purchase. General Plan conformity reviews that involve agriculturally-designated properties are usually presented to the San Mateo County Agricultural Advisory Committee (AAC) for review. However, the AAC meeting scheduled to include a staff presentation of the Sare property purchase was canceled due to lack of a quorum of Committee members. Although District staff offered to return again when the Committee had a quorum, the Committee members who were present felt it was unnecessary. No concerns regarding the acquisition's conformity with the County General Plan were identified in these discussions. On November 4, 2009, the San Mateo County Planning Commission conducted its conformity review and found the purchase in conformance with the General Plan, The Williamson Act is a voluntary agreement between a landowner and the County to encourage retaining commercial agricultural use in exchange for property tax reduction. As a government agency, the District is not subject to property taxation. The recommended uses of the property would continue to be agriculture and open space; however, the contract imposes an undue administrative burden upon the District without affording any benefits. Staff informed the California Department of Conservation regarding this property purchase. In the past, Department staff has recommended the District consider filing for contract nonrenewal. Nonrenewal is the standard administrative procedure for terminating a Williamson Act contract. The recommended use of a portion of the property for tree farming and the remainder as open space would be in compliance with the existing contract during the ten-year nonrenewal period. Potential Future Use and Development The proposed purchase would create an isolated District landholding, not adjacent to other public lands. At this time, it is not known when other purchase opportunities may arise to integrate the property into the District's preserve system. The property is not suitable for public access in the near term for this reason. Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for Mills Creek Open Space Preserve. The Preliminary Use and Management Plan represents a status quo approach to management and includes posting signs, maintaining the existing roads and improvements, and leasing the tree farm area for agricultural purposes. The R-10-28 Page 5 property will be maintained in its current condition, with no changes anticipated. All mitigation measures contained in the Coastside EIR are incorporated into this Preliminary Use and Management Plan. Public Access: Closed to public use. The Sare family will be issued a neighborhood hiking permit from their adjacent property. Signs and Site Install private property and reserve boundarysigns where the property is g p p p Y p g P p Y Security: readily accessible from adjacent private property. Install a gate in an appropriate location to prevent unauthorized trespass. Structures and Lease the barn and Christmas tree farm premises for commercial agricultural Improvements: purposes until the lease terminates in 2022 or, if extended, for an additional 12 years as provided for in the lease. Resource Conduct a detailed resource assessment. Conduct minor invasive plant and Management: animal management activities consistent with the District's accepted policies and practices. Williamson Nonrenew the Williamson Act contract. Comply with the existing Act: Williamson Act contract during the nonrenewal period. Patrol: Routinely patrol the property. Wildfire Fuel Further assess vegetative communities on the property to determine wildfire Management: management needs. Roads: Maintain the access road within the leased area in good condition and repair for year-round use. Perform a more detailed assessment of seasonal roads. Implement minor erosion control measures as necessary. Coastside Operate and manage the property in conformity with the provisions of the Service Plan: Service Plan for the Coastside Protection Program. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to Mills Creek Open Space Preserve. Dedication: Withhold dedication of the property as public open space at this time. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 160-acre property as an addition to the District's open space preserve system and the concurrent adoption of a Preliminary Use and Management Plan R-10-28 Page 6 for the property. The land will be permanently preserved as open space and maintained in a natural condition. An existing barn and 1.74 acre Christmas tree farm area will be leased for commercial agricultural purposes. The existing roads will be maintained and minor resource management activity will occur according to District standards. No decisions are being made now about future changes to use, management or improvements proposed for the property. Ultimately, the property will be included in a future Comprehensive Use and Management Plan or Master Plan for the Mills Creek Open Space Preserve which would be subject to further public input and subsequent environmental review. The outcome of this future decision making process is speculative at this time. In accordance with the Coastal Service Plan, the project incorporates all of the Coastside EIR mitigation measures that apply to land purchases within the Coastside Protection Area and is subject to the Coastal EIR mitigation monitoring program. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from California Environmental Quality Act(CEQA) under Article 19, Sections 15301, 15316, 15317, 15325, and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Preliminary Use and Management Plan specifies the property will be operated and maintained in its current condition and there will be no expansion of use. The Williamson Act contract will be nonrenewed, with no changes to the use of the property. The property will be closed to the public, the existing barn and Christmas tree farm will be leased for agricultural purposes, minor resource management activity will occur, and the existing roads will be maintained according to District standards. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Mills Creek Open Space Preserve. R-10-28 Page 7 This purchase qualifies under all four CEQA sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The 160-acre Sare property is being purchased for $1,420,000 or $8,875 per acre on an all cash basis at the close of escrow. The purchase price is well supported by an independent appraisal prepared for the seller. The property includes an appurtenant access easement from Highway 92 to the property. The access easement travels through the existing tree farm operation on the seller's retained property. Because of the ongoing agricultural operation, the easement is not suited for and does not allow for general public access.. The easement allows for unrestricted patrol and maintenance access to the property. The seller has already completed the removal of an un-permitted outbuilding, equipment and debris from the property as well as structural repairs to the barn, consistent with the purchase agreement terms. Staff has conducted site inspections of the property and is satisfied that no contamination or hazardous conditions exist on the property. As part of this transaction, the District will enter into a long-term agricultural lease with the seller for a 1.74 acre area of the tree farm operation including a storage barn located in the northwest corner of the property. The leased area will be managed in conjunction with the seller's Christmas tree farm business operated on their adjacent property to the north. As consideration for the continued lease, the seller will, among other things, be responsible for routine maintenance of the access road to the property and the barn. The lease term will be for 12 years and the District may in its discretion extend the lease for an additional 12-year term. BUDGET CONSIDERATIONS Fiscal Year 2009-2010 Budget for New Land Purchases: 2009-2010 Budget for New Land Purchases: New Land $20,100,000 Land purchase commitments this fiscal year $9,895,000) Sare property ($1,420,000) New Land Purchase Budget Remaining $ 8,785,000.00 Controller M. Foster was consulted on this proposed purchase, and he has indicated that, considering cash flow and account balances, funds are available for this property purchase. Current Coastside Protection Area Fiscal Considerations The 160-acre Sare property is located in the Coastside Protection Area and is subject to the Agreement between San Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire Services). The property is not located in the La Honda-Pescadero School District; therefore, no fees will be payable under the Agreement between the District and School District. As part of the County Fire Agreement, the District will pay to San Mateo County Fire R-10-28 Page 8 Department annual fees for fire services that are not currently provided with the State Responsibility Area of CalFire. The Fire Services Fee will be $65.52 based upon the pro rata share of the assessed value for this portion of the subject property and will increase 2% annually. Purchase by the District would remove the property from the County tax rolls. The current assessed value of the property is approximately $30,604. The fiscal impact to the County would be minimal. The Coastside Protection Program included a Fiscal Analysis conducted by Economics Research Associates confirming the feasibility of implementing that Program. To ascertain whether the conclusions made in the Fiscal Analysis are valid for this particular project, staff has researched the specific site conditions and expected costs associated with the proposed purchase and subsequent management of the property. This site assessment indicated that acquisition and management costs for the Sare property are expected to be consistent with the Fiscal Analysis projections. Furthermore, staff assessed the costs associated with this project and compared them to the Controller's most recent 15-year projections of cash flow, property tax revenue, and operating expenses. Staff therefore concludes that purchasing and managing this property will not result in any significant impact to the District's existing services and that the District has the resources to sustain this project. PUBLIC NOTICE Property owners and residents of land located adjacent to the subject property, and attendees at the November 5, 2009 Real Property Committee meeting have been mailed an advance notice announcing the meeting date and a copy of the agenda for this public meeting at which the Board of Directors will consider this purchase. Agenda subscribers, individuals previously expressing interest in Mills Creek Open Space Preserve, Coastside public officials, community-interest groups, media, conservation-oriented organizations, government agencies and government- sponsored organizations within the Coastside Protection Area have also been mailed a copy of the advance notice and agenda. The agenda and this report have been made available on the District's website. Accordingly, all public notice required by the Brown Act and the Coastal Protection Program has been provided. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Skyline Field Office will manage the property as an addition to the Mills Creek Open Space Preserve in accordance with the adopted Preliminary Use and Management Plan. Attachments: 1. Resolutions 2. Exhibit A - Location Map R-10-28 Page 9 Prepared by: Sandy Sommer, Senior Real Property Planner Michael Williams, Real Property Manager Contact person: Michael Williams, Real Property Manager Graphics prepared by: Zachary Alexander, Planning Technician RESOLUTION 10- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,GRANT OF ACCESS EASEMENT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE THE AGRICULTURAL LEASE AND ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MILLS CREEK OPEN SPACE PRESERVE - LANDS OF SARE TRUST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Daniel Sare and Natalie Sare, Trustees of the Daniel &Natalie Sare Living Trust dated November 24, 2008 and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein("the Sare Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed,the Grant of Access Easement and corresponding Certificate of Acceptance on behalf of the District. Section Three. The General Manager is authorized to execute the Agricultural Lease with Dan Sare on behalf of the District. Section Four. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Five. The General Manager is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. r 1 Counsel are further authorized to approve an tech nical Section Six. The General Manage and Genera pp y revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Seven. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general fiords. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. ` D.S. Income Tax Regulation Section |.\50-2 requires un issuer nf tax-exempt debt todeclare its intent to use u portion uf tax-exempt debt proceeds for reimbursement of expenditures priorto the payment ofthe expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$1,420,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Sare Property that are paid before the date oF issuance of the obligation. � � � � � RESOLUTION NO. 10- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO GOVERNMENT CODE SECTION 51245 APPROVING THE FILING OF A NOTICE OF NONRENEWAL OF THE WILLIAMSON ACT CONTRACT AFTER CLOSE OF ESCROW PERTAINING TO THE SARE PROPERTY WHEREAS, the Midpeninsula Regional Open Space District ("District"), upon close of escrow, will own a parcel of land in unincorporated San Mateo County which is subject to a Land Conservation Contract under the California Land Conservation Act of 1965 known as the Williamson Act; and WHEREAS, the mission of the District includes preservation of open space and agricultural lands in perpetuity so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act; and WHEREAS, the procedures established by the County of San Mateo for administering such contracts serve no useful purpose when land is owned by a park or open space agency preserving such lands' open space and agricultural resources, yet such procedures can impose a procedural and financial burden on the District's ability to efficiently carry out its operations; and WHEREAS, the benefits of reduced property tax in exchange for such land preservation is no longer relevant once the District has acquired such lands as the District is exempt from property tax in most situations. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Authorizes the General Manager of the District, pursuant to Government Code Section 51245, to file a notice of nonrenewal with the Board of Supervisors of San Mateo County for Contract � Parcel Number 056-430-010 (currently subject to a Land Conservation Assessors , ( y J ) and upon close of escrow owned by the District. 2. Authorizes the General Manager as agent of the District to execute and submit all documents and take such actions as may be necessary or convenient to accomplish the purpose of this Resolution, or to comply with the requirements of the San Mateo County Code or the State Williamson Act, in order to accomplish the nonrenewal of the contract described above. Proposed Sare Property Purchase t Sare Property S (n (60 Acres) J_ o rf. C> i N Wa a sh r' a d s Creek `,✓r e P r.e s,e r v eQ Cr k fi1 - j u i h- urr t r s � P d Joh on on R fib.-- n O Wa ed ---��.• 4 an r Location Map !T--1 Sare Parcel Land Trust e Produced by Midpeninsula Regional ! MROSD Other public Open Space Open Space District, February 2010 --- 0 0.25 0.5 1 �� Private Non MROSD easement over water i Miles Midpeninsula Regional • ' Open Space District I To: Board of Directors From: Stephen E. Abbors Date: February 24, 2010 Re: Late FYIs I I i p insula Regional Open S Memorandum Open Space District To: MROSD Board of Directors Through: Steve Abhors, General Manager ��++ From: Kirk Lenin on, Meredith Manning In Date: February 24, 2010 Re: Update on Mt. Umunhum Remediation and Restoration Project This informational report covers the time period from February 10 through 22, 2010. Significant progress on each component of the project is presented below: Formerly Used Defense Site(FUDS) District staff issued a permit to enter to the Army Corps of Engineers to access the site for the purpose of finalizing the remedial design for the cleanup action at the fuel tank containment basin site. Remediation and Restoration The District's consultant,Northgate Environmental, Inc, and their subcontractors continued investigations and studies in support of the District's remediation and site planning activities. Surveys for lead, asbestos, and other contaminants have been completed within the radar tower(a.k.a. monolith)and auto maintenance building. The report presenting the findings of these surveys is expected by the end of March. Subcontractors have completed site surveys regarding the historical significance of the entire site. Structural engineers and geologists have completed surveys of the structural stability of the radar tower and auto maintenance building. Reports from these phases of the work are also expected by the end of March. Site Planning; Staff and Legal Counsel made contact with consultants specializing in the CEQA and NEPA process. Staff is seeking consultants who are both highly qualified and immediately available to begin work on the project. A conference call is scheduled this week followed by a meeting next week to assess consultant suitability in assisting the District with meeting federal and state environmental review requirements. Concurrently, staff is researching background and existing conditions data to support the site planning and CEQA/NEPA process. Staff is also scheduling site tours of mountain peaks that surround the San Francisco Bay, including Mt. Tamalpais and Mt. Diablo,with the Sierra Azul/Bear Creek Redwoods Ad Hoc Committee to assess the infrastructure and operating needs associated with each site, and interview representatives from each area to determine lessons learned in developing and managing these sites. ' Midpeninsula Regional Memorandum Open Space District To: MROSD Board of Directors Through: Steve Abhors, General Manager From: Tina Hugg Jf - Date: February 24, 2010 Re: Cooley Landing—Revised Concept Design Plan The attached concept design plan is being provided to the Board as background material for the Cooley Landing agenda item being heard at tonight's Board meeting. As the Board will hear this evening, after meeting with the Cooley Landing Ad Hoc Committee in January,the City of East Palo Alto and its consultant team held a Community Workshop on February 6"'. The input gathered from the Ad Hoc Committee meeting,the workshop, and a teleconference held with the San Francisco Bay Conservation and Development Commission (BCDC) resulted in minor changes to the design plan that the Ad Hoc Committee saw in January. The revised plan is attached. The plan is being provided to the Board as background material to the General Manager's recommendations for tonight's Cooley Landing agenda item. Viewing and Interpretive Area Area de Vistas y Rotulos Interpretativos Entry Plaza and Secondary Unpaved Trail Gathering Aa Boat House Building re Camino Secundano sin Pavimento Bus Waiting Area—� Plaza de Entr da re y Edifrcio de Casa de Bote Area de Espera del Autobus Area para Reuniones Ravenswood Open Main Paved Trail (Approx. 1/3 mile) Historical Dredge Interpretive Area and Windbreak Area lnterpretativo de Dragado Historical y Cortavientos Space Preserve Camino Principal Pavimentado(aprox. 113 de milla) (MROSD) Secured Access Gates Puertas de Acceso SeguroTPortaBik�e Racks bicicletas Expanded Parking Turnaround Estacionamiento Ampliado i--:-*Rea and Parking Overlook Area de Retop Existing Pedestrian Bridge � Existing Parking %' �'' , , � � - Puerto de Observation (partially dedicated to Ravenswood Open Space Preserve) i/ �p�' ( . ] dB C�flpS - ____ Existentes Puente Peatona! —�. 4� _. Bay Trail Estacionamiento Existentes Seating Area - _ - 4_(parte dedr da a la RavBnswood Open Space PXerve) Zona de Estar - r�— Restored Tidal Marsh qr_ .� - Pantano de Marea Restaurado l l I Viewing Pier e lle de Observation -A,_ -� m.. _._ ._.�� -�/ 1 ^ r { �r ." Bike Racks �J Bay Road o' _ Etaal — + -- -- - - _ Open Meadow ; - •-, rt. Prado Abierto ' v Security Lighting with Non-Glare Fixture,Typ. r� -' Iluminacion de Segundad con Pantalia Anti-reflectivePotential Kayak Launch Ramp City of East Palo Alto Boundary "� �~ ~ ��' - Rampapotencial Frontera de East Palo Alto Picnic Tables �.. -- _ pare el Lanzamiento �� Overflow Parking Area Mesas de Picnic �/ \ ($_)` �� v de Kayaks y Canoas Split-Rail Fencing Area de Estacionamiento Extra Cerca de Vigas Horizontale ;t � Outdoor Classroom Cantilevered Overlook/ Fishing Pier Wetland Existing Tree,Typ. f f j" ` L—Au la al Aire Libre Vista Voladizo/ Baylands Nature Preserve Pantanos Existentes Arbol Picnic Tables Muelle de Pesca (City of East Palo Alto Jurisdiction, Mesas de Picnic owned by City of Palo Alto) Restrooms Viewing and Interpretive Areas Banos Areas de Vistas y Rotulos Interpretativos ® r