HomeMy Public PortalAbout20100310 - Agenda Packet - Board of Directors (BOD) - 10-08 Midpeninsula Regional
Open Space District
Meeting 10-08
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Wednesday, March 10, 2010
330 Distel Circle
Los Altos, California
AGENDA
7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—PUBLIC SESSION
ROLL CALL
ORAL COMMUNICATIONS—PUBLIC .
ADOPTION OF AGENDA C,/V /
INTRODUCTION OF NEW STAFF—GINA COONY
7:10* CONSENT CALENDAR
I Approve Minutes of February 3,2010 and February 10, 2010
2 Approve Corrected Minutes of December 2,2010
3 Approve Revised Claims Report
4 Approve Written Communications—Response to Robert Zatkin and Yvonne Tryce
5 Controller's Report on the Proposed Fiscal Year 20 10-11 Budget—M. Foster
7:20* BOARD BUSINESS
6 Legislative Briefing by RalphHeim of Public Policy Advocates—R.Jurgensen
7 Bench at Portola Heights—R.Jurgensen T V
8 Authorization to Amend a Contract with Tannerhecht,Inc. (Tannerhecht) for an Additional$125,000,
for a Total Amount Not to Exceed$143,200,to Continue Providing Architectural and Engineering
Consulting Services for the Skyline Field Office Remodel Project—T.Hugg �,l
9 Authorize the General Manager to execute an agreement with Fresno Mobile Radio, Inc.to acquire an
FCC license for the use of a two-way radio frequency and Authorize Contracts with Shulman Rogers
for legal services and Macro Corporation for consulting services related to acquisition of the license—
Meeting 10-08 Page 2
D.Topley
10 Authorization to Amend the Contract with Macro Corporation for an Additional Amount of$50,000,
for a Total Amount Not to Exceed$148,000,to Provide Project Development and Management
Services for the District's New Simulcast Radio System—D. Topley
11 Approval of the Purchase Agreement for the Horstmeyer Property as an addition to the Mt.Unrunhum
area of Sierra Azul Open Space Preserve, located approximately 1/2 mile south of Almaden Reservoir
in Barret Canyon(Santa Clara County Assessor's Parcel Number 562-23-004); Assignment of
Purchase Agreement for the Horstmeyer Property to Peninsula Open Space Trust(POST); Approval
of a License and Management Agreement; Adoption of the Preliminary Use and Management Plan;
and Approval of a Categorical Exemption in Accordance with the California Environmental Quality
Act—M. Williams 1'', , I ,,
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
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.4DDREss THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of
Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be
limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates.
Consent Calendar.,All items on the Consent Calendar may be approved without discussion by one motion. Board members, the
General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration
of the Consent Calendar.
In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)
691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting.
Public records provided to a majority of the District's Board of Directors relating to an Agenda Item on the open session of a regular Board meeting
will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022 during
normal business hours.
CERTIFICATION OF POSTINC OF AGENDA
1,Anna Duong,Acting District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the March 10,
2010 Regular Meeting of the MROSD Board of Directors was posted and available for review on March 5,2010 at the Administrative Offices of MROSD,
330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at ht1V:.,/www.opcnspace.or9.
Signed this 5th day of March 2010,at Los Altos,California.
Acting District Clerk Date: 03/05/2010
Claims No. 10-05
Meeting 10-08
Date 3/10/10
Midpeninsula Regional Open Space District
# Amount Name Description
12200 $48,051.43 Cal-Line Equipment Wood Chipper
12201 $18,412.79 High Gear Powersports Two All Terrain Vehicles
12202 $11,483.98 Peterson Tractor Attachments For Mini Excavator-Mounting Bracket, Hydraulic
Lines, Hammer&Thumb Kit, Bucket&Quick Coupler
12203 $9,853.20 Patsons Media Group Printing Services-Spring Newsletter
12204 $9,057.45 Deborah Mills-Design Concepts Brochures,Winter Newletter,Spring Calendar And PDF Files For
Web Placement, Holiday Cards&Envelopes
12205 $6,489.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation
12206 $5,847.50 Hexagon Transportation Consultants Traffic Study-ECDM
12207 $4,285.00 Bartel Associates Actuarial Consulting Services
12208 $4,132.86 *1 U.S. Postmaster Postage-Spring Newsletter
12209 $3,318.00 Old Republic Title Company Title&Escrow Fees-Sare Property
12210 $3,047.50 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego
Ranch Landfill
12211 $2,900.00 *2 Popish Appraisal&Consulting Appraisal Services-Update Of Ridge Vineyard Exchange
Appraisal
12212 $2,871.60 CMK Automotive Vehicle Maintenance&Repairs
12213 $2,868.40 Target Specialty Products Landscaping Supplies-Herbicides
12214 $2,800.00 Normal Data Citation Database Staff Training
12215 $2,504.14 Palo Alto Upholstery Reupholster And Repair Four Maintenance Trucks&One ATV
12216 $1,700.00 Aaron's Septic Tank Service Pumping Services-Russain Ridge/Windy Hill!RSA
12217 $1,499.59 Summit Uniforms Uniform Expenses
12218 $1,474.57 Sol's Mobile Service Vehicle Repairs&Service
12219 $1,333.79 Cascade Fire Equipment Company Fire Equipment&Supplies For Patrol Trucks
12220 $1,054.11 Madco Welding Equipment For Bridges At Thornewood/Welding Glasses
12221 $1,000.00 *3 Old Republic Title Company Deposit-Land Acquisition
12222 $1,000,00 *4 Newton Chan Web Development-Preserve Finder Annual Maintenance Fee
12223 $1,000.00 San Francisco Parks Trust Membership Dues For Bay Area Open Space Council
12224 $965.14 State Water Resources Control Board Oversight Costs At Mindego Ranch
12225 $873.12 Big Creek Lumber Lumber-Rental Residence Deck Repairs/AO Landscaping
Project
12226 $852.29 Americas Propane Tank Service-Rental Residence
12227 $821.04 Accountemps Accounting Temp
12228 $818.09 Grand Prix Motorcycle&ATV Repairs And Service
12229 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older
12230 $530.39 Kern,Grant Reimbursement-Uniform Expenses
12231 $500.00 Foothill-DeAnza Foundation Wildlife Corridor Study
12232 $492.23 Bolle, Ken Reimbursement-Uniform Expenses
12233 $470.50 Del Rey Building Maintenance Janitorial Supplies-AO
12234 $401,48 Baldzikowski,Matt Reimbursement-Wildfire Forest Management Conference
Expenses
12235 $396.03 Ron's Transmission Vehicle Repairs&Service
12236 $393.30 Craftsmen Printing Printing Services-Business Cards
12237 $390.37 Bowerman Electric Electric Repairs-Rental Residences
12238 $390.00 Bill's Towing&Recovery Towing Services
12239 $319.31 Beckman,Craig Reimbursement-Uniform Expenses
12240 $315.00 Jobs Available Recruitment Ad-OSP II
12241 $274.36 Stevens Creek Quarry Baserock For DHF Retaining Wall
12242 $250.00 NEX Systems Cleaning Of Fifteen Office Chairs
12243 $217.64 San Jose Water Company Water Service-Rental Residence
12244 $209.76 Reed&Graham Three Asphalt Rakes
12245 $200.87 Holden, Neal Reimbursement-Uniform Expenses
Page 1 of 2
•
Claims No. 10-05
Meeting 10-08
Date 3/10/10
Midpeninsula Regional Open Space District
# Amount Name Description
12246 $189.00 Liebert Cassidy Whitmore Legal Services&Advice
12247 $187.50 Del Woods Consulting Services-Land Purchase Projects
12248 $182.37 Lampson Tractor Tractor Supplies-Battery&Fan Belt For RTV
12249 $165.00 Lund, Pearson,McLaughlin Fire Sprinkler System Quarterly Inspection
Protection Systems
12250 $156.73 Basson, Galli Reimbursement-Bay Area Conservation Biology Conference
Expenses/Rain Pants
12251 $154.48 Tadco Supply Janitorial Supplies
12252 $148.00 Chung,Jean Reimbursement-Mileage
12253 $128.71 Hooper,Stan Reimbursement-Uniform Expenses
12254 $126.14 California Water Service Company Water Service-AO
12255 $123.20 Paterson, Loro Reimbursement-Supplies To Repair Antenna/Uniform Expenses
12256 $120.00 King Grading Modification Of Bit For Excavator Hammer
12257 $119.00 Coastal Sierra Internet Service-SFO
12258 $114.86 Sunnyvale Ford Spare Tire For Patrol Truck
12259 $109.52 Pine Cone Lumber Supplies-Rental Residence Deck Repairs/ECDM Picnic Table
12260 $105.00 Citadel Arts Staff Photo, Frame,Mount&Assembly
12261 $100.47 Malone, Brian Reimbursement-Uniform Expenses
12262 $86.85 Downing, Brendan Reimbursement-Uniform Expense
12263 $80.00 San Francisco Bay Area Chapter Of Recruitment Ad-OSP II
AEP
12264 $53.86 United Parcel Service Parcel Shipping
12265 $50.49 Bay Area News Group Newspaper Subscription
12266 $48.75 ID Plus Name Tags
12267 $40.00 Roessler,Cindy Reimbursement-Cell phone
12268 $38.90 Wright, Leslie Reimbursement-Uniform Expenses
12269 $7.65 Gibbons,Stephen Reimbursement-Uniform Expenses
Total $161,250.47
*1 Urgent Check Issued 2/19/10
*2 Urgent Check Issued 2/26/10
*3 Urgent Check Issued 3/4/10
*4 Urgent Check Issued 3/5/10
Page 2 of 2
I
Claims No. 10-05
Meeting 10-08
Date 3/10/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
12200 $48,051.43 Cal-Line Equipment Wood Chipper
12201 $18,412.79 High Gear Powersports Two All Terrain Vehicles
12202 $11,434.86 Peterson Tractor Attachments For Mini Excavator-Mounting Bracket, Hydraulic
Lines, Hammer&Thumb Kit, Bucket&Quick Coupler
12203 $9,853.20 Patsons Media Group Printing Services-Spring Newsletter
12204 $9,057.45 Deborah Mills-Design Concepts Brochures,Winter Newletter, Spring Calendar And PDF Files For
Web Placement, Holiday Cards&Envelopes
12205 $6,489.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation
12206 $5,847.50 Hexagon Transportation Consultants Traffic Study-ECDM
12207 $4,285.00 Bartel Associates Actuarial Consulting Services
12208 $4,132.86 *1 U.S. Postmaster Postage-Spring Newsletter
12209 $3,318.00 Old Republic Title Company Title&Escrow Fees-Sare Property
12210 $3,047.50 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego
Ranch Landfill
12211 $2,900.00 *2 Popish Appraisal&Consulting Appraisal Services-Update Of Ridge Vineyard Exchange
Appraisal
12212 $2,871.60 CMK Automotive Vehicle Maintenance&Repairs
12213 $2,868.40 Target Specialty Products Landscaping Supplies-Herbicides
12214 $2,800.00 Normal Data Citation Database Staff Training
12215 $2,504.14 Palo Alto Upholstery Reupholster And Repair Four Maintenance Trucks&One ATV
12216 $1,700.00 Aaron's Septic Tank Service Pumping Services-Russain Ridge/Windy Hill/RSA
12217 $1,499.59 Summit Uniforms Uniform Expenses
12218 $1,474.57 Sol's Mobile Service Vehicle Repairs&Service
12219 $1,333.79 Cascade Fire Equipment Company Fire Equipment&Supplies For Patrol Trucks
12220 $1,054.11 Madco Welding Equipment For Bridges At Thornewood/Welding Glasses
12221 $1,000.00 *3 Old Republic Title Company Deposit-Land Acquisition
12222 $1,000.00 *4 Newton Chan Web Development-Preserve Finder Annual Maintenance Fee
12223 $1,000.00 San Francisco Parks Trust Membership Dues For Bay Area Open Space Council
12224 $965.14 State Water Resources Control Board Oversight Costs At Mindego Ranch
12225 $873.12 Big Creek Lumber Lumber-Rental Residence Deck Repairs/AO Landscaping
Project
12226 $852.29 Americas Propane Tank Service-Rental Residence
12227 $821.04 Accountemps Accounting Temp
12228 $818.09 Grand Prix Motorcycle&ATV Repairs And Service
12229 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older
12230 $530.39 Kern, Grant Reimbursement-Uniform Expenses
12231 $500.00 Foothill-DeAnza Foundation Wildlife Corridor Study
12232 $492.23 Bolle, Ken Reimbursement-Uniform Expenses
12233 $470.50 Del Rey Building Maintenance Janitorial Supplies-AO
12234 $401.48 Baldzikowski, Matt Reimbursement-Wildfire Forest Management Conference
Expenses
12235 $396.03 Ron's Transmission Vehicle Repairs&Service
12236 $393.30 Craftsmen Printing Printing Services-Business Cards
12237 $390.37 Bowerman Electric Electric Repairs-Rental Residences
12238 $390.00 Bill's Towing&Recovery Towing Services
12239 $319.31 Beckman,Craig Reimbursement-Uniform Expenses
12240 $315.00 Jobs Available Recruitment Ad-OSP 11
12241 $274.36 Stevens Creek Quarry Baserock For DHF Retaining Wall
12242 $250.00 NEX Systems Cleaning Of Fifteen Office Chairs
12243 $217.64 San Jose Water Company Water Service-Rental Residence
12244 $209.76 Reed&Graham Three Asphalt Rakes
12245 $200.87 Holden, Neal Reimbursement-Uniform Expenses
Page 1 of 3
4
Claims No. 10-05
Meeting 10-08
Date 3/10/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
12246 $189.00 Liebert Cassidy Whitmore Legal Services&Advice
12247 $187.50 Del Woods Consulting Services-Land Purchase Projects
12248 $182.37 Lampson Tractor Tractor Supplies-Battery&Fan Belt For RTV
12249 $165.00 Lund, Pearson, McLaughlin Fire Sprinkler System Quarterly Inspection
Protection Systems
12250 $156.73 Basson,Galli Reimbursement-Bay Area Conservation Biology Conference
Expenses/Rain Pants
12251 $154.48 Tadco Supply Janitorial Supplies
12252 $148.00 Chung,Jean Reimbursement-Mileage
12253 $128.71 Hooper,Stan Reimbursement-Uniform Expenses
i 12254 $126,14 California Water Service Company Water Service-AO
12255 $123.20 Paterson, Loro Reimbursement-Supplies To Repair Antenna/Uniform Expenses
12256 $120.00 King Grading Modification Of Bit For Excavator Hammer
12257 $119.00 Coastal Sierra Internet Service-SFO
12258 $114.86 Sunnyvale Ford Spare Tire For Patrol Truck
12259 $109.52 Pine Cone Lumber Supplies-Rental Residence Deck Repairs/ECDM Picnic Table
12260 $105.00 Citadel Arts Staff Photo, Frame,Mount&Assembly
12261 $100.47 Malone, Brian Reimbursement-Uniform Expenses
12262 $86.85 Downing, Brendan Reimbursement-Uniform Expense
12263 $80.00 San Francisco Bay Area Chapter Of Recruitment Ad-OSP 11
AEP
12264 $53.86 United Parcel Service Parcel Shipping
12265 $50.49 Bay Area News Group Newspaper Subscription
12266 $48.75 ID Plus Name Tags
12267 $40.00 Roessler,Cindy Reimbursement-Cell phone
12268 $38.90 Wright, Leslie Reimbursement-Uniform Expenses
12269 $7.65 Gibbons,Stephen Reimbursement-Uniform Expenses
12270 R $7,030.65 Gardenland Power Equipment Field Supplies/Two Brushcutters/Two Chainsaws/One Pole
Saw/Saw&Brushcutter Parts/Pole Pruner/Brush Knives/
Guide Plates/Power Auger For Drilling/Three Saw Helmets
12271 R $5,000.00 Stanford University Argentine Ant Study
12272 R $3,141.00 '5 Inside Source Deposit-9 File&Storage Cabinets For Planning Department
12273 R $2,643.76 LFR Levine Fricke Engineer&Design Services-ECDM Staging Area Project
12274 R $1,690.00 Normal Data Consulting Services-Citation Database Development&Support
12275 R $1,595.98 CMK Automotive Vehicle Maintenance&Repair
12276 R $1,053.88 Grainger Drain Snake&Accessories
12277 R $812.50 Normal Data Consulting Services-Contact&Volunteer Database Development
12278 R $500.30 Recology South Bay Garbage Service-FFO
12279 R $330.09 Orchard Supply Hardware Field Supplies/Rental Residence Expenses/FFO Shop Supplies
/Projector Screen For AO
12280 R $249.66 Costco Break Room Supplies-FFO
12281 R $242.17 Petty Cash Field Supplies/Office Supplies/Business Related Meals/
Parking&Mileage/Volunteer Supplies/Safety Glasses
12282 R $168.95 Simmons, Duncan Reimbursement-Conference Expenses
12283 R $164.02 Abbors, Stephen Reimbursement-Cell Phone
12284 R $148.00 Chung,Jean Reimbursement-Mileage
12285 R $142.70 Alamo Lighting Replacement Bulbs For Stock-AO
12286 R $42.61 Basson,Galli Reimbursement-Rain Jacket
12287 R $38.18 Reed, Steve Reimbursement-Uniform Expenses
12288 R $10.90 Robert's Hardware Rental Residence Expense
Page 2 of 3
Claims No. 10-05
Meeting 10-08
Date 3/10/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
Total $186,206.70
*1 Urgent Check Issued 2/19/10
*2 Urgent Check Issued 2/26/10
*3 Urgent Check Issued 3/4/10
*4 Urgent Check Issued 3/5/10
*5 Urgent Check Issued 3/9/10
jl
If
I
i
Page 3 of 3
Midpeninsula Regional
Open Space District
To: Board of Directors
From: Stephen E. Abbors
Date: March 5,, 2010
Re: Written Communications
FEB 1 E 20111
Robert Zatkin
P.O. Box 139 . San Carlos, CA 94070
(650) 599-9936 . rzatkin@gmaii.com
February 14, 2010
Board of Directors
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Members of the Board:
Steve Abbors, General Manager, informed me that the closed areas and set-
back zones - a.k.a. Conservation Management Units - in the La Honda Creek
Open Space Preserve have been changed and enlarged from those presented
in the La Honda Creek Open Space Preserve Master Plan, March 2009.
At your earliest convenience please transmit to me via e-mail the following
information.
• A map delineating all the current designated closed areas and setback
zones - a.k.a. Conservation Management Units - in the La Honda Creek
Open Space Preserve which encompasses 5,759 acres.
Sincerely,
March 11, 2010 DRAFT RESPONSE
, ,REPARED BY STAFF
Robert Zatkin JOARD CONSIDERAT101',
P.O. Box 139
San Carlos, CA 94070
RE: Response to Written Comment Letter Dated February 14, 2010 Regarding Conservation
Management Units at La Honda Creek Open Space Preserve
Dear Mr. Zatkin,
Thank you for your letter dated February 14, 2010 with your inquiries regarding the proposed
Conservation Management Units for La Honda Creek Open Space Preserve. Please find attached
a map showing the locations of the two proposed Conservation Management Units. This same
map was also transmitted to you via email on February 24, 2010.
As a point of clarification, please note that the Conservation Management Units have not
changed since publication of the Draft Master Plan. Staff did explore the further expansion of
"buffer areas" near drainages with the La Honda Master Plan Ad Hoc Committee (Committee).
The Committee and staff preliminarily determined that the multiple resource protection measures
already included in the Draft Master Plan and the findings from multiple surveys that have yet to
locate a San Francisco garter snake do not warrant additional buffers at this time. The resource
protection measures include, but are not limited to, two large Conservation Management Units
where general public use is restricted, of which one contains a large complex of ponds, drainage
improvements and upgrades to roads prior to opening these to public use, riparian corridor
fencing to exclude cattle access, stream bank restoration and reinforcement, and repairs and
enhancements to ponds. Also, surveys of San Francisco garter snake will continue. No final
decision on any provision of the Master Plan will occur until completion of the public review
process and approval of the Master Plan by the Board of Directors. In addition, should this
species be found in the future, the District would re-evaluate the use and management of the
Preserve to determine if any changes or modifications to the Master Plan would be needed to
protect the snake.
We appreciate your continued interest in the Master Plan for La Honda Creek Open Space
Preserve. If you have any questions regarding this information, please feel free to contact Ana
Ruiz, Planning Manager, at (650) 691-1200.
Sincerely,
Mary Davey, Board President
cc: MROSD Board of Directors
Stephen E. Abbors
Ana Ruiz, Planning Manager
*'4
To: Larry Hassett,Director for Ward 6,Midpeninsula Regional Open Spa,e District` ""'
From: Yvonne Tryce, 90 Joaquin Road,Portola Valley., CA 94028 �
Pro oral for Nature Center in Portola Valley
p
Locati n:
I propose locating a Nature Center on Portola Road in Portola Valley at the entrA . 61"
the parking lot for the Windy Hill Preserve. There is a weedy area about 48 feet by'%s r
feet within the enclosed site that would be an adequate space for a small cottage to house "r,
the Nature Center so, it would not need to take up any of the existing parking spaces.
The structure would not block the trail that parallels the road yet would be readily
accessible to hikers along that trail as well as to the visitors who park in the lot and then
head up Windy Hill trails. Its location next to The Sequoias, a retirement center filled
with actively involved seniors,would provide both more visitors and, very likely, more
docent volunteers from their ranks. it would also be within walking distance for both of
the Portola Valley School District schools. In addition,the parking area is large enough
to accommodate buses from more distant school districts.
Furnishings:
For quite a few years,I had a Nature Center in the Portola Valley Town Center and, over
time, acquired furnishings to display exhibits. Therefore, I have four glass-fronted metal
cases,two tall open wood display cases, several bookcases, and four low display tables
that could be used. In addition, there is a two-tiered rock case obtained from the USGS
that holds about a dozen drawers of rocks. Unfortunately, the Town had to tear down the
build a small
er facility
old Town Center which straddled the San Andreas Fault and Y
which the staff feels can no longer house the Nature Center we once had in the Town.
Contents:
I have an extensive number of specimens of plant and animal life including many birds,
nests, and feathers; mammals, including a stuffed river otter, deer hide and antlers,
bobcat, and study mounts of rodents; pressed plant specimens, cones, acorns, and bark;
insects and their homes including the nests of bees and wasps; seashells and various
forms of sea life; and an assortment of rocks including quite a few fossils. Specimens are
all registered with the California Department of Fish and Game and the U.S. Department
of the interior Fish and Wildlife Service under my name and the Town's sponsorship.
Structure:
The"woodcutters' cottage" is located on a piece of private land along Portola Road,
about a quarter mile from the parking lot for Windy Hill. The building has historic
significance and rustic charm. The owners offered it to the Town of Portola Valley which
had hoped to move and preserve it, but the rectangular 22 foot by 24 foot structure may
be in too poor condition to move. One option might be to construct a basic copy of the
building utilizing any significant portions of the original building that can be easily
salvaged, such as doors and windows. The cottage has three simple rooms plus a larger
back room with plumbing. The building also has a 6 foot wide covered entrance with a i
low railing. The owners would be very cooperative in order to have it developed as a
nature center, a use they strongly support.
Plantings
I live in Portola Valley on property that crosses the ridge where we have a variety of
native plants. I would offer to replace the weed area next to the proposed Nature Center
P P Y P P
with some native plants from our property including yerba buena, coast wood fern, sticky
monkey plant, etc. Toyon and oak are already growing along the trail beside the site.
Si_gnaae:
I still have two carved wood"Portola Valley Nature Center" signs that could be placed
on the cottage doors. In addition, it would be nice to have a free-standing sign such as
they have at the Daniels Nature Center up on Skyline to place out by the entrance.
Painting and Decorating:
I have studied art and have a number of friends who are also artists. Rather than having a
carpet mural such as they have at Daniels, I would suggest painted murals on the interior
walls with perhaps a variety of cloud types painted on the ceilings. I envision a bird and
insect room, a mammal and reptile room, a geology room, and a reading/study area with
plant specimens, books, magazines, and a large class table in the sunny back room.
Research and Studv:
Thanks to donations from the Friends of the Portola Valley Library and others, we have
an extensive number of science reading and reference books, a full collection of National
Geographic magazines, and numerous other science magazines. It would be nice to have
a reading room where seniors or students could benefit from the rich resource materials.
Activities:
Hands-on activities would be provided. I have an electric match-up board that can be
used to make connections. In addition, I have a large number of hands-on activities that
could be made available. I am still teaching after-school science classes for young
children at the Town Center.
Out ide u.pport:
The Town's Nature and Science Committee, Conservation Committee, and Trails and
Paths Committee would be local resources supportive of and possibly assisting with the
project. Since almost all of the needs of a nature center are covered with the above
described resources,the only major funds the Open Space District would need to spend
would be those used to construct the very simple copy of the woodcutters' cottage in the
Windy Hill parking area.
Rationale:
I feel that it is important for people to have a deeper understanding of the natural world
around them. In particular,Portola Valley has been blessed with a beautifiil, relatively
untouched landscape that invites visitors. The more people understand the importance of
these wild areas and how sensitive they are, the more they will take actions to preserve
them. Therefore, I think that having a nature center located at the entrance to a highly
used preserve will be of great benefit to the public and to the lands that the Regional
Open Space District is attempting to preserve for future generations.
March 11, 2010
RAT RESPONSE
PREPARED BY STAFF
Yvonee Tryce P R BOWS) OONSI ERAM
90 Joaquin Road
Portola Valley, CA 94028
Dear Ms. Tryce:
Thank you very much for your February 12, 2010 letter suggesting that the District locate
a nature center on Portola Road at the entrance to the parking lot of the District's Windy
Hill Preserve. We appreciate and share your goal of providing educational opportunities
for the public to improve their understanding of the natural world and its critical
importance in our lives. I hope you will understand that while the District continues to
actively pursue that goal, in these difficult economic times, we are unable to build and
run a second nature center to complement our existing one that overlooks Alpine Pond on
Skyline Blvd.
Your offer to use parts of the "woodcutters' cottage" and to transfer the contents of the
nature center that you used to have before the Portola Valley Town Center was shut down
is very thoughtful. You might be interested to know that the District is currently working
on a strategic plan which will, among other things, take a look at the District's
interpretive outreach program and consider whether or not we should have a second
nature center and, if so, in which geographic area this center may best be located in order
to provide the most efficient service to the greatest number of District constituents.
Environmental education is important to us and this Board has always placed great value
on an active District program to involve the community. That's why we are proud that
for several years in a row District volunteers have contributed over 15,000 hours of
service annually in areas as varied as education, open space land protection, and
maintenance.
At our Daniel's Nature Center, docents spend about 500 hours each year to greet visitors,
answer their questions, and share information on area trails. In addition, Outdoor
Education Leaders donate about 900 hours each year teaching small groups of 3rd-5th
graders on a field trip to the Skyline Ridge Open Space Preserve and the Nature Center
about the natural world, providing opportunities for experiential learning while fostering
a fun atmosphere for discovery and exploration.
As you can imagine we are thrilled and grateful that our volunteers are doing so much to
enhance people's understanding of the natural world and we can assure you that
environmental education will always be on top of our list. Thank you, again, for taking
the time to share your ideas with us.
Sincerely,
Larry Hassett
• Midpeninsula Regional
' Open Space District
R-10-36
Meeting 10-07
March 10, 2010
AGENDA ITEM 5
AGENDA ITEM
Consideration of the Controller's Report on the Proposed Fiscal Year 2010-11 Budget.
GENERAL MANAGER'S RECOMMENDATION
Approve the Controller's report on the Fiscal Year 2010-11 Budget.
SUMMARY
will begin the new fiscal year with an estimated cash balance of$22.43 million. Overall,
The District g y
projected income and available cash are adequate to cover budgeted debt service and reserve
requirements, operating expenses, major projects, and up to $20 million of cash for new land
acquisition. A District issue of approximately $22.5 million of lease revenue bonds is proposed for
the end of Calendar Year 2010. Overall, the long-term projections indicate that the proposed budget
is prudent and consistent with District plans and objectives.
DISCUSSION
The following cash flow projection shows the impact of the proposed Fiscal Year 2010-11 (FY2010-
11) budget on the District's cash position. The District will begin the new fiscal year with estimated
cash balances totaling $22.43 million. Approximately $2.5 million of this cash is not available to
meet operating needs as it represents the reserve requirements of the District's outstanding public
notes and the $1,045,000 million escrow for Mindego Ranch potential remediation. Overall,
projected income and available cash are adequate to cover budgeted debt service and reserve
requirements, operating expenses, major projects, and up to $20 million of cash for new land
acquisition. In addition, it is proposed that the District issue approximately $22.5 million of lease
revenue bonds near the end of Calendar Year 2010 (CY2010). The net proceeds of this debt issue
would be used to fund land purchases and preserve development projects over the next three years.
ANNUAL CASH FLOW PROJECTION
FISCAL YEAR 2010-11 BUDGET
($Thousands)
Estimated Beginning Cash Balance 22,430
Plus: Tax Revenue 27,865
R-10-36 Page 2
Acquisition Grants 2,500
Development Grants 546
Interest Income 330
Rental Income 928
Other Income 235
Total Cash Income 32,404
Proceeds from Planned Debt Issues (net) 22,238
Minus: Property Management Expense 182
Major Projects 4,142
Land Acquisition Expenses 656
Operating Expenses 14,257
Debt Service 8,078
Land Acquired 15,000
Total Cash Expenditures 42,315
Ending Cash Balance 34 7�57
Income
I Tax Revenue is budgeted at $27.865 million (67% from Santa Clara County and 33% from
San Mateo County), an increase of only 0.8% over the prior fiscal year. Property tax growth
slowed in the 2009-10 tax year (ending in June 2010) down to about 2%. The District will
continue to receive this rate of growth in the April to June period. However, in the next tax
year, beginning in July, little or no property tax growth is expected within the District, due to
the negative impact of the severe recession on the value and turnover of real property. Due to
the reduction in the California Consumer Price Index of 0.237% in the twelve months ending
October 2009, the assessed valuation of all properties in the state will be reduced by 0.237%,
unless otherwise increased or decreased for individual specific events. Due to this negative
mass change and continued weak turnover in residential real estate, District property tax
growth is budgeted at 0% for secured taxes in both counties, 2% for unsecured taxes, and a
decrease of 5% in tax subventions. This nets to overall planned growth of 0% in the 2010-11
tax year. Combining the 2% growth in the first three months with 0% growth in the last nine
months, the overall budgeted growth for the District's FY201 0-11 is 0.8%.
2. Grant Income is budgeted at $3.06 million; $2.50 million for specific land acquisitions and
$546,000 for preserve development projects. Budgeted land acquisition grant income
includes $0.50 million from the California Habitat Conservation Fund and $2.00 million from
Santa Clara County. The amount budgeted for preserve development includes $134,000 of
Federal reimbursements for the Mt. Umunhum project and $226,000 from the Hawthorn
Trust.
3. Interest Income is projected at $0.33 million, assuming average investment rates of 4.2% on
bond reserve funds and 1.0% on other funds.
4. Rental Income is projected at $928,000, up 2% from FY2009-1 0.
5. Other Income is estimated at $235,000 for various reimbursements, fines, fees, cash
donations, and loan repayments.
R-1.0-36 Page 3
Debt Capacity
p y
At the end of March 2010, the District will have bonded indebtedness equal to approximately 43% of
its statutory debt limit.
Proposed Debt Issue
The proposed budget includes the issuance of$22.5 million of Financing Authority lease revenue
bonds at the end of CY2010. Plans for this debt issue will be finalized after 2010-2013 land
acquisition projections become clearer and the District has discussed the proposed issue with
underwriters, bond counsel, rating agencies and municipal bond insurers. Based on the District's
current financial situation, it is ideal to issue lease debt in CY2010 and utilize promissory notes on
the next District debt issue, probably in 3-4 years. Based on current market conditions, underwriters
project that District lease revenue bonds with an average life of 23 years could be sold at an all-in
total cost of 5.6%. It is assumed that the District would have to set aside a 10% bond reserve fund
and that the bonds would be sold without bond insurance with a rating of A+. Confirming a stand-
alone rating will likely require more staff time than needed on recent bond offerings, which were
insured.
Debt Service
Debt service requirements for FY2010-11 total $8.08 million, a 3% increase over FY2009-10. Debt
service represents 29% of estimated tax revenue, the same percentage as in FY2009-10 and well
below the average of 35% for the first eight years of the last decade. It is assumed that no debt
service payments will be required on the proposed new lease revenue bonds until FY2011-12. The
currently scheduled payments are detailed in the Debt Service Annual Claims List, to be presented
with the final budget presen
tation in March.
Other Expenditures
I. Major Improvements: The budget includes $4.14 million for major development and
planning projects, including $1.61 million for public access facilities, $0.51 million for staff
facilities, $0.35 million for planning projects, and $1.65 million for the radio upgrade project.
This compares to FY2009-10 spending of approximately $1.00 million.
2. Property Management Expenses are budgeted at $0.18 million.
3. Land Acquisition Expenses are budgeted at $0.66 million, over one-third of which should
ultimately be reimbursed from the Hawthorne Trust and Mindego Ranch Remediation
Reserve Fund.
4. Operating Expenses are budgeted at $14.26 million, or 5 1% of projected tax revenue.
Depending on February-March expenditures, operating spending in the current year is
approximately 48% of tax revenue. If the District spends 97% of this operating budget in
FY2010-11, which would be a higher percentage than usual, operating spending will again be
under 50% of tax revenue for the 38"' consecutive fiscal year. Given the uncertainty of any
significant property tax revenue growth in the next few years, limiting budgeted operating
spending to this level is prudent.
5. The budget assumes $15.00 million of Land Acquisitions, all for cash. No gifts of land are
budgeted.
R-10-36 Page 4
Reserves
If all revenues, expenditures and debt issues occur as budgeted, the District's cash balances would
total $34.76 million at the end of FY2010-11. This would include $4.70 million of restricted reserve
funds.
Long-Term Cash Projections
Also attached are two fifteen-year cash flow projections covering the period through FY2024-25.
The first projection assumes no new debt issues. The second projection includes the issuance of
$22.5 million of lease debt in FY2010-11 and $18 million of promissory notes in FY2013-14. For
FY2010-11 in both charts, the projection is the budget with the exceptions that operating expenses
are shown at 97% of budget and major project spending is shown at 80% of budget. Beyond
FY2010-11, the projection assumes very modest tax revenue growth in the next three years--I% in
FY2011-12, 2.5% in FY2012-13, 4% in FY2013-14, rebounding to a 5% growth track thereafter.
Operating expensegr
owth is assumed
sumed at 4.5/ m FY2011-12, 5.5% in FY2012-13 6.5% in FY2013-
14 and 7%thereafter. Major projects are projected at $2.75 million in FY2011-12 and at $2.0
J p J p J
million in FY2012-13, thereafter increasing at 5% per year. Given no additional debt issuance, the
operating cash flow remains in the $4 million range during the entire period, indicating that the
increasein the ratio of operating spending 7 to tax revenue. The "No
a slow, stead I model can tolerate
Y p g p b
New Debt" model generates approximately $45 million of cash for new land acquisition in the next
six years. If this is insufficient to meet District goals, the District could supplement its cash position
with up to $40.5 million of additional long-term debt. As shown in the "$40M New Debt"
projection, the issuance of$40.5 million of bonds, $22.5 million in FY2010-11 and $18 million in
FY2013-14, would generate additional near-term funds to support land acquisitions for cash of
approximately $76 million over the next six years, $31 million more than without additional
financing. Of course, this difference narrows in future years as the new bonds are serviced. In
addition, cash from new debt issues can also be used to fund preserve development projects if that
priority is favored over land acquisition. Overall, the long-term projections indicate that the proposed
budget is prudent and consistent with District plans and objectives.
FISCAL IMPACT
N/A
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
Board review of the Controller's Report is not a project under the California Environmental Quality
Act and no environmental review is required.
NEXT STEPS
Consider adopting the FY2010-11 Budget in view of the information contained in the Controller's
report at the March 24, 2010 regular meeting of the Board.
R-10-36 Page 5
Attachment(s)
1. MROSD 15-Year Cash Flow Projection—No Debt
2. MROSD 15 Year Cash Flow Projection— $40 million Debt
Prepared by:
Michael L. Foster, Controller
Contact person: (same as above)
MROSD 15 YEAR CASH FLOW PROJECTION [1] No New Debt
TAX GROWTH:BUDGET IN 10-11,+1.0%IN 11-12,+2.5%12-13,+4% 13-14,+5%AFTER
2/8/10 EXPENSE GROWTH:97%OF OPERATING BUDGET IN 10-11,+4.5%IN 11-12,+5.5%IN 12-13,+6.5%IN 13-14,+7%THEREAFTER
($Millions) MAJOR PROJECTS: 80%OF BUDGET IN 10-11,$2.75M IN 11-12,$2M/YR+5%AFTER
Note: Excludes Mt. Umunhum and Hawthorne Trust Revenue and Expense After FY10-11
FISCAL YEAR: 09-10 10-11 11-12 12-1 13-1 14-1 15-1 16-1 17-1 18-19 19-2 20-21 21-2 22-23 23-2 24-25 20,25
BEGINNING CASH 30.32 22.43 13.83 7.16 7.31 7.30 7.39 7.26 7.27 7.33 7.20 7.34 7.25 7.34 7.25 1 7.41
TAX REVENUE 27.65 27.87 28.14 28.85 30.00 31.50 33.08 34.73 36.47 38.29 40.20 42.21 44.33 46.54 48.87 1 51.31 562.4
DEVELOP GRANTS 0.16 0.55 0.25 0.26 0.27 0.27 0.28 0.29 0.30 0.31 0.32 0.33 0.34 0.35 0.36 0.37 4.8
INTEREST INCOME 0.48 0.25 0.20 0.20 0.23 0.28 0.30 0.32 0.32 0.32 0.32 0.32 0.32 0.32 0.32 0.32 4.3
OTHER INCOME 1.13 1.16 1.18 1.20 1.22 1.23 1.25 1.27 1.29 1.31 1.33 1.35 1.37 1.39 141 1.43 19.4
OPERATING REVENUES 29,42 1 29.821 29.77 30-501 31.71 33.281 34.91 36.61 1 38.38 40.23 1 42.17 44.21 1 46.35 48.60 50.96 53.43 590.9
OPERATING EXPENSES 13.15 13.83 14.45 15.25 16.24 17.37 18.59 19.89 21.28 22.77 24.37 26.07 27.90 29.85 31.94 34.18 334.0
Operating Exp/Tax Revenue 48% 50% 51% 53% 54% 55% 56% 57% 58% 59% 61% 62% 63% 64% 65% 67%
PROP MGMT+ACQ SUPPORT 0.36 0.70 0.45 0.43 0.44 0.46 0.47 0.48 0.50 0.51 0.53 0.54 0.56 0.58 0.60 0.61 7.9
MAJOR PROJECTS 1.00 3.31 2.75 2.00 2.10 2.21 2.32 2.43 2.55 2.68 2.81 2.95 3.10 3.26 3,42 3.59 41.5
CURRENT DEBT SERVICE 7.82 8.08 9.05 8.88 8.42 8.65 9.15 9.77 9.94 10.11 9.81 10.22 10.42 12.15 10.80 11.05 146.5
NEW DEBT SERVICE 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0_0
OPERATING SPENDING 22.33 25.92 26.70 26.56 27.20 28.69 30.52 32.57 34,28 36.08 37.52 39.79 41.98 45.84 46.76 49.43 529.8
OPERATING CASH FLOW 7.10 3.90 3.07 3.95 4.51 4.60 4.39 4.04 4.10 4.15 4.65 4.42 4.37 1 2.76 4.20 1 4.00 61.1
NOTE PROCEEDS(NET)
LAND ACQUIRED 15.24 15.00 10.25 4.00 4.75 4.75 4.75 4.25 4.25 4.50 4.75 4.75 4.50 3.00 4.25 4.25 82.0
GIFTS OF LAND 0.25
ACQUISITION GRANTS 0.00 2.50 0.51 0.20 0.24 0.24 0.24 0.21 0.21 023 0.24 0.24 0,23 0.15 0.21 0.21 5.9
NET CASH FOR LAND 14.99 12.50 9.74 3.80 4.51 4.51 4.51 4.04 4.04 4.28 4.51 4.51 4.28 2.85 4.04 4.04
ACCRUAL ADJUSTMENT
ENDING CASH 22.43 13.83 7.16 7.31 7.30 7.39 7,26 7.27 7.33 7.20 7.34 7.25 7.34 7.25 7.41 7.37
REQUIRED RESERVES 2.48 2.48 2.48 248 2.48 248 2.48 2.48 248 2.48 2.48 2.48 248 2.48 2.48 2,48
AVAILABLE CASH 19.95 11.35 4.68 4.83 4.82 4.91 4.78 4.79 4.85 4.72 4.86 4.77 4.86 1 4.77 4.93 4.89
CUMM NEW LAND 5.52 20.52 30.77 34,77 39.52 44.27 49.02 53.27 57.52 62.02 66.77 71.52 76.02 79.02 83.27 87.52
CUMM CASH FOR NEW LAND 5.26 17.76 27.50 31.30 35.81 40.32 44.84 48.87 52.91 57.19 61.70 66.21 70.49 73.34 77.37 81.41
DS/TR 28% 29% 32% 31% 28% 27% 28% 28% 27% 26% 24% 24% 24% 26% 22% 22%
(TR-OE)/DS 185% 174% 151% 153% 163% 163% 158% 152% 153% 153% 161% 158% 158% 137% 157% 155%
(TR-OE)/(DS+2) 148% 139% 124% 125% 132°% 133% 130% 126% 127% 128% 134% 132% 132% 118% 132% 131%
15YRCF0110 10:27 AM2/24/2010
MROSD 15 YEAR CASH FLOW PROJECTION [2] $40M New Debt
TAX GROWTH:BUDGET IN 10-11,+1.0%IN 11-12,+2.5%12-13,+4%13-14,+5%AFTER
2/8/10 EXPENSE GROWTH:97%OF OPERATING BUDGET IN 10-11,+4.5%IN 11-12,+5.5%IN 12-13,+6.5%IN 13-14,+7%THEREAFTER
($Millions) MAJOR PROJECTS: 80%OF BUDGET IN 10-11,$2.75M IN 11-12,$2M/YR+5%AFTER
Note: Excludes Mt. Umunhum and Hawthorne Trust Revenue and Expense After FY10-11
FISCAL YEAR: 09-10 10-11 11-12 12-13 13-1 14-1 15-1 16-17 17-1 18-19 19-2 20-21 21-2 22-23 23-2 24-25 2011-25
BEGINNING CASH 30.32 22.431 36.14 23.27 12.08 21.17 12.03 11,22 11.31 11.20 11.23 11.24 11.201 11.29 11-141 11.42
TAX REVENUE 27.65 27.87 28.14 28.85 30.00 31.50 33.08 34.73 36.47 38.29 40.20 42.21 44.33 46.54 48.87 1 51.31 562.4
DEVELOP GRANTS 0.16 0.55 0.25 0.26 0.27 0.27 0.28 0.29 0.30 0.31 0.32 0,33 0.34 0.35 0.36 0.37 4.8
INTEREST INCOME 0.48 0.33 0.60 0.45 1 0,60 0.55 0.55 0.45 0.47 0.47 0.47 0.47 0.47 0.47 0.47 0.47 7.3
OTHER INCOME 1.13 1.16 1.18 1.20 1 1.22 1.23 1.25 1 1.27 1.29 1.31 1.33 1.35 1.37 1.39 1.41 1.43 19.4
OPERATING REVENUES 29.42 29.90 30,17 30.75 32.08 33.56 35.16 36.74 38.53 40.38 42.321 44.361 46.50 48.75 1 51.11 53.58 593.9
OPERATING EXPENSES 13.15 13.83 14.45 15.25 16.24 17.37 18.59 19.89 21.28 22.77 24.37 26.07 27.90 29.85 31.94 34.18 334.0
Operating Exp/TaxRevenue 48% 50% 51% 53% 54% 55% 56% 57% 58% 59% 61% 62% 63% 64% 65% 67%
PROP MGMT+ACQ SUPPORT 0.36 0.70 0.45 0.43 0.44 0.46 0.47 0.48 0.50 0.51 0.53 0.54 0.56 0.58 0.60 0.61 7.9
MAJOR PROJECTS 1.00 3.31 2.75 2.00 2.10 2.21 2.32 2.43 2.55 2.68 2.81 2.95 3.10 3.26 3.42 3.59 41.5
CURRENT DEBT SERVICE 7.82 8.08 9.05 8.88 1 8.42 8.65 9.15 9.77 9.94 10.11 1 9.81 10.221 10.42 12.15 10.80 11.05 146.5
NEW DEBT SERVICE 0.00 0.00 114 1.14 1.14 1.66 1.66 1.70 1.75 2.13 2.18 2.23 2.29 2_34 2.41 2.47 23.8
OPERATING SPENDING 22,33 25.92 27.84 27.70 28.34 30.34 32.18 34.27 36.03 38.21 39.70 42.03 44.27 48.18 49.16 51.90 553.6
OPERATING CASH FLOW 7.10 3.98 2.33 3.05 3.74 3.22 2.98 2.47 2.50 2.17 2.62 2.33 2.23 0.57 1.94 1.68 40.3
NOTE PROCEEDS(NET) 22.24 17.70
LAND ACQUIRED 15.24 15.00 16.00 15.00 13.00 13.00 4.00 2.50 2.75 2.25 2.75 2.50 ]2.14
0.75 1.75 2.00 95.5
GIFTS OF LAND 0.25
ACQUISITION GRANTS 0.00 2.50 0.80 0.75 0.65 0.65 0.20 0.13 0.14 0.11 0.14 0.13 0.04 0.09 0.10 6.5
NET CASH FOR LAND 14.99 12.50 15.20 14.25 12.35 12.35 3.80 2.38 2.61 2.14 2.61 2.38 0.71 1.66 1.90
ACCRUAL ADJUSTMENT
ENDING CASH 2243 36.14 23.27 12,08 21.17 12.03 1122 11.31 11.20 11,23 1124 11.20 11,29 11.14 11.42 11.20
REQUIRED RESERVES 2.48 4.72 4.72 4.72 6.52 6,52 6.52 6.52 6.52 6.52 6.52 6.52 652 652 6.52 6.52
AVAILABLE CASH 19.95 31.42 18.55 1 7.36 1 14.65 5.51 4.70 4.79 4.68 4.71 4.72 4.68 4.77 4.62 4.90 4.68
CUMM NEW LAND 5.52 20.52 36.52 51.52 64.52 77.52 81.52 84.02 86.77 89.02 91.77 94,27 96.52 97.27 99.02 101.02
CUMM CASH FOR NEW LAND 5.26 17.76 32.96 47.21 59.56 71.91 75.71 78.09 80.70 82.84 85.45 87.82 89.96 90.67 92.34 94.24
DS/TR 28% 29% 36% 35% 32% 33% 33% 33% 32°% 32% 30% 30% 29% 31% 27% 26%
(TR-OE)/DS 185% 174% 134% 136% 144% 137% 134% 129% 130% 127% 132% 130% 129% 115% 128°% 127%
EXTRA CUMM NEW LAND 0,00 0.00 5.75 16.75 25.00 33.25 3250 30.75 29.25 27,00 25.00 22.75 20.50 18.25 15.75 13.50
15YRCF0110 10:27 AM2/24/2010
I
Midpeninsula Regional
• ' Open Space District
R-10-09
Meeting 10-07
March 10, 2010
AGENDA ITEM 6
AGENDA ITEM
Legislative Briefing by Ralph Heim of Public Policy Advocates.
GENERAL MANAGER'S RECOMMENDATION
Receive legislative briefing from Ralph Heim of Public Policy Advocates.
SUMMARY
Each year, Ralph Heim of Public Policy Advocates provides a legislative briefing to the Board to
review ongoing and emerging issues of significance to the District that are occurring in the State
of California. Mr. Heim will provide a briefing for Calendar Year 2010.
DISCUSSION
Ralph Heim of Public Policy Advocates, the District's legislative consultant in Sacramento, will
present a legislative briefing on matters of interest to the District. He will discuss the current
State legislative session, the state budget, and other matters relating to his services as the
District's legislative consultant.
FISCAL IMPACT
None
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
None required.
NEXT STEPS
None
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
R-10-09 Page 2
Same as above
i
Midpeninsula Regional
• ' I P
Open Space District
P
R-10-51
Meeting 10-07
March 10, 2010 AGENDA ITEM 7
AGENDA ITEM
Bill and Jean Lane bench in Long Ridge Open Space Preserve.
LEGISLATIVE, FUNDING,AND PUBLIC AFFAIRS COMMITTEE
RECOMMENDATION
LFPAC will make an oral recommendation to the full Board because the committee met at the
exact time on the afternoon of March 5, 2010 when the Board packet, which includes this agenda
item, was assembled and sent out to the public. As a result of the overlap, LFPAC's decision
could not be included in this report.
SUMMARY
POST is seeking permission from LFPAC to install a bench honoring Bill and Jean Lane's
contributions to open space preservation.
DISCUSSION
In 2005 the District purchased a 50-acre, undeveloped parcel west of Skyline Blvd. from POST,
incorporated it into its Lon Ride en Space Preserve and agreed to name the area the `Bill
� g g � p �'
and Jean Lane Meadow at the Portola Lookout"because POST had purchased the land with
funds donated by Ambassador Lane and his wife Jean.
A sign was installed in January 2006 and all costs associated with the installation,repair, and
maintenance of the sign were borne by POST.
POST subsequently agreed to the Lanes' request to put a bench and a sign at the site and is
seeking permission from the District to do so.
The bench will be approximately 6 feet long—a rustic half-log, recycled chunk of redwood,
with stainless steel supports and an S"flat plank with rounded edges as a back. (The design is the
same as benches currently installed at Wilbur's Watch, across Highway 1 from Pigeon Point
Light House.) Peter Garratt of Summit Springs Design in Woodside is building the bench and
his bid includes vandal-proof installation at the site.
R-10-51 Page 2
POST proposes a cast aluminum plaque to be inset into the back of the bench to replace the sign
currently on the site. A proof of the plaque is attached to this report.
POST proposes to cover the cost of the bench and plaque as well as any ongoing maintenance.
POST will work with District staff to establish the location of the bench and install it in late
March, 2010 to coincide with Jean Lane's 80`h birthday.
FISCAL IMPACT
If the Board approves LFPAC's recommendation, this item will have no cost impact on the
budget.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQ A COMPLIANCE
Approval of this item is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
If the Board approves LFPAC's recommendation District staff will work with POST to establish
the location of the bench and install it.
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Jed Cyr, Nonette Hanko and Cecily Harris, Legislative, Funding and Public Affairs Committee
i
-A4
Midpeninsula Regional
Open Space District
R-10-01
Meeting 10-7
March 10, 2010
AGENDA ITEM 8
AGENDA ITEM
Authorization to Amend a Contract with Tannerhecht, Inc. (Tannerhecht) for an Additional
$124,000 to Continue Providing Architectural and Engineering Consulting Services for the
Skyline Field Office Remodel Project for a Total Amount Not to Exceed $142,200.
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended action is categorically exempt from the California
Environmental Quality Act (CEQA) for the reasons set out in this report.
2. Amend the contract with Tannerhecht in the amount of$124,000, which includes $117,245
in base fee and $6,755 in contingency, for a total contract amount for the Skyline Field
Office not to exceed $142,200, to continue providing architectural and engineering
consulting services.
SUMMARY
The Programming Phase for the Skyline Field Office remodel project was completed in April
2008 in conjunction with the Administrative Office remodel project. Because of the need to
expedite the creation of work stations in the Administrative Office to accommodate new staff,
the consultant team was directed to focus on the Administrative Office remodel project. When
the Administrative Office remodel project entered the bidding and construction phase in April
2009, staff re-directed the focus on the Skyline Field Office remodel project. This amendment
would cover the architectural and engineering design work necessary to complete tasks through
the Design Development Phase of the Skyline Office remodel project.
DISCUSSION
On February 27, 2008, the Board authorized the General Manager to execute a contract with
Tannerhecht for the Programming Phase of the Administrative Office and Skyline Office
remodel projects (refer to report R-08-28). Due to the pressing need to provide work stations for
Administrative Office staff hired in FY2008-09, staff and the consultant first focused on
implementing basic improvements to the Administrative Office. Attention was then re-directed
to the Skyline Field Office remodel project at the start of FY2009-1 0 when the Administrative
Office remodel project entered the bidding phase.
R-10-01 Page 2
Since that time, three conceptual design options developed by Tannerhecht for the Skyline Field
Office remodel were presented to the Facilities Improvement Ad Hoc Committee (Committee)
for feedback and direction. A fourth, more modest, remodel option was prepared by staff and
also presented. Based on Committee feedback, staff compiled and gathered information on
green construction costs, projected facility expansion, staff growth, priorities, and timelines for
all District staff facilities, both current and future. On October 1, 2009, the Committee received
additional preliminary information on facilities strategic planning, sequencing and phasing of
staff facilities, and construction cost information. Based on this information, the Committee
agreed that building a new shop and making minor modifications to the existing Skyline Field
Office building was an appropriate scope of work for the remodel project. Tonight's
recommended contract amendment reflects the revised scope of work consistent with the
Committee's direction.
FISCAL IMPACT
As of this Board meeting, Tannerhecht's total contract amount includes $18,200 for the
programming phase of the Skyline Field Office remodel project. The contract amendment to
continue design services for this remodel project is $124,000, which includes $117,245 in base
fee and $6,755 in contingency. The proposed project budget for FY201 0-11 is $146,000 and
includes design, geotechnical, and surveying services. The proposed action does not result in an
unanticipated increase to the budget.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
Staff concludes that amending the existing consultant agreement for architectural and
engineering services with Tannerhecht does not constitute a project under the California
Environmental Quality Act (CEQA). Any future action taken by the Board to implement the
consultant's work, such as approval of construction of the proposed remodel, may be subject to
CEQA review at that time.
NEXT STEPS
Upon Board authorization, the General Manager will execute the contract amendment with
Tannerhecht, who will begin the Schematic Design phase for the Project.
Prepared by:
Tina Hugg, Open Space Planner 11
Contact person:
Same as above
1
Midpeninsula Regional
Open Space District
R-10-25
Meeting 10-07
March 10, 2010
AGENDA ITEM 9
AGENDA ITEM
Authorization to enter into an agreement with Fresno Mobile Radio, Inc. to acquire an FCC
license for the use of a two-way radio frequency; Authorization to contract with Shulman Rogers
for legal services; and Authorization to Amend Contract with Macro Corporation for consulting
services related to acquisition of the FCC license.
GENERAL MANAGER'S RECOMMENDATIONS
1. Authorize a purchase agreement with Fresno Mobile Radio, Inc. to acquire a Federal
Communication Commission (FCC) license for the use of a two-way radio frequency for
public safety purposes at a cost of$30,000.
2. Authorize the General Manager to amend the contract with Macro Corporation for
consulting services related to acquisition of the FCC license in an amount not to exceed
$30,000.
3. Authorize the General Manager to execute an agreement with the law firm of Shulman
r for legal services related t acquisition f the FCC license in an amount not to exceed
Rogers easo0
g g
$30,000
SUMMARY
At the March 14, 2007 meeting, the Board approved the implementation of a new, improved
simulcast two-way radio system with mobile repeaters (R-07-06). The approved plan also
recommends that the District continue its attempts to acquire and license an additional radio
frequency channel. The Board was advised that acquisition of a second frequency might be
difficult because of the shortage of frequencies in the Bay Area. Staff, with the help of MACRO
Corporation, the District's radio system consultant and the telecommunications legal firm of
Shulman Rogers,have located and negotiated a suitable second radio frequency channel from
Fresno Mobile Radio, Inc, a California corporation. Staff recommends that the Board approve
acquiring the license, conditioned upon receipt of all required FCC approvals for public safety
use, as an important and cost-effective component of an improved District radio system which
will enhance the District's patrol operations.
R-10-25 Page 2
DISCUSSION
The addition of a second channel (also referred to as a"frequency pair")will allow District
patrol and maintenance to operate on separate radio frequencies and relieve the current
competition for use of the same channel. It will also eliminate the community repeater
requirement(maintenance and patrol using the same radio frequency on different tones). This
will allow the District to retain and operate the current analog radio system for the near term,
thereby eliminating the need to replace all portable and vehicle radios at once. It will also allow
for migration to a digital system in the future when the technology has matured and cost may be
reduced.
Staff s attempt to acquire a second frequency in the customary frequency market was
unsuccessful because no frequency was found that met the District criteria for a 150 MHz
frequency band authorized for public safety use. Staff, with the help of Macro Corp oration,the
District's radio consultant, discovered an innovative way to acquire a second frequency.
Because of the reduced demand for pagers, the District has the opportunity to acquire a channel
formerly used for pagers that operates on the same frequency needed by the District.
The District's goal is to acquire the frequency conditioned on the District first obtaining FCC
approval of the purchase of the license for public safety use. This will require execution of a
purchase agreement contingent upon obtaining FCC approval and filing an application with the
FCC to obtain permission for use of the former pager frequency for public safety purposes. If
the FCC approval is denied, the purchase will not be completed.
Because this is a critical component of the new system, District staff is requesting Board
authorization to purchase this frequency for$30,000. The District's radio consultant for the new
radio system has reviewed the proposal and has concluded that this is a reasonable and fair
market purchase price for the frequency.
The acquisition of a second frequency was not part of the new radio system approved in 2007
because the availability of a second frequency and associated costs were not known. Staff
recommends amending the existing agreement with Macro Corporation, the consulting firm for
the new radio system, to provide services for the acquisition of the frequency license and
implementation at a cost not to exceed $30,000 for these necessary services.
In addition, the District retained the Washington D.C. area telecommunications law firm of
Shulman Rogers to assist in the early stages of this proposed transaction due to the complex
regulations regarding the acquisition of a radio frequency and the FCC approval process.
District staff and District's General Counsel recommend retaining this firm's services to
undertake all steps necessary to complete this transaction and obtain the required FCC approvals
at a not-to-exceed cost of$30,000.
FISCAL IMPACT
The current budget for Fiscal Year 2009-10 (FY2009-1 0) and the proposed budget for FY201 0-
I I include funds to cover costs if a second frequency was found. To obtain the second frequency
and subsequent FCC approval, the District will retain the specialized services of the Shulman
Rogers telecommunications law firm based in the Washington D.C. area under a professional
services contract not to exceed $30,000. In addition the District will use the services of Macro
Corporation. the current consultant for the New Radio System Project, for an amount not to
R-10-25 Page 3
exceed $30,000. The funds to cover the cost of the Shulman Rogers and amended Macro
contract are also included in the approved project budget.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
Upon Board authorization, the General Manager will execute an agreement with Fresno Mobile
Radio, Inc. to acquire a license for use of a two-way radio frequency conditioned upon obtaining
FCC approval of the frequency for public safety use. In the event FCC approval lapses into
FY201 0-11, staff will return to the Board to request reauthorization for this capital expenditure
out of the FY201 0-11 budget, where the funds will remain until expended.
Prepared by:
David Topley, Support Service Supervisor
Contact person:
Same as above
r
Midpeninsula Regional
Open Space District
P
R-10-44
Meeting 10-07
March 10, 2010
AGENDA ITEM 10
AGENDA ITEM
Authorization to Amend the Contract with Macro Corporation for an Additional Amount of$50,000 to
Provide
ro ide Project Development and Management Services for the District's New Simulcast Radio
System.
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute a contract amendment with Macro Corporation for an
additional amount of$50,000 to provide Project Development and Management Services for the
District's New Simulcast Radio System. In the event the Board approves the General Manager's
Recommendations to Acquire a Second Radio Frequency set out in Board Report R-10-25, the total
cost of the authorized contract amendment with Macro Corporation shall not to exceed$178,000.
BACKGROUND
At the March 14, 2007 meeting, the Board approved the implementation of a new improved simulcast
two-way radio system with mobile repeaters (R-07-06). Following that meeting on April 26, 2007, the
Board authorized the General Manager to execute a contract with Macro Corporation to provide
consulting services for project development and management of the District's new improved radio
system project.
The radio project seeks to improve the overall capability of the radio system by creating the ability for
all field staff to communicate with each other, reduce dead spots and provide a dedicated radio channel
for patrol.
Macro's estimate for consulting services in 2007 was based on the information available at the time.
The scope of the project has since been refined and the estimate for services required by the District
must be revised accordingly.
DISCUSSION
Staff is requesting a contract amendment in the amount of$50,000 for consulting services for project
development and management of the District's new improved radio system project.
Macro's estimate of$ 90,000 for consulting services in 2007 was based on available information and
assumptions at that time. The amount Board approved by the Board in FY2009-10, $98,000, included
R-10-44 Page 2
an $8,000 contingency. The project has encountered unanticipated technical issues that require an
increase above the original consulting services estimate. These technical issues include:
1. Requirement for numerous additional Federal Communications Commission(FCC) filings to
obtaining a vehicle repeater license. These filings are unrelated to the second radio frequency
discussed in the previous Board Report No. R-10-25.
2. Significantly extended process to secure the Skeggs Point as a workable site to ensure microwave
connectivity for simulcast.
3. Lengthy negotiations with Santa Clara County Communications to reach an agreement to build and
maintain the new radio system.
4. Significantly extended process to finalize the GGNRA tower at Black Mountain. (An existing FFC
license for microwave led the consultant to believe there was an existing microwave path. There
was no physical path, only a FCC license.)
The proposed contract amendment includes a 15% contingency to cover unanticipated issues. If the
Board approves the recommended action, in addition to the worked to be performed by Macro
Corporation, staff will continue to develop an agreement with Santa Clara County to build and
maintain the new radio system, finalize Skeggs Point site requirements, complete new lease
agreements at Coyote Peak, Pise Mountain and Tomita Hill, and implement the vehicle repeater
program.
FISCAL IMPACT
The original Macro contract was approved in an amount not to exceed $98,000. In the event the Board
approves the General Manager's Recommendations to Acquire a Second Radio Frequency set out in
Board Report R-10-25, and this Recommendation for additional Macro development and management
services, the total cost of the authorized contract amendment with Macro Corporation shall not to
exceed $178,000. In the event the Board does not approve the acquisition of a second radio frequency,
the total cost of the recommended contract amendment in this Board Report No. R-10-44 shall not
exceed $148,000.
The proposed action will not result in an incremental increase in the FY2009-10 budget. Since project
p p g p J
inception in FY2005-06, $130,000 has been expended. An additional $1.37M is included in the
proposed FY2010-11 budget to complete and implement the project. Total project cost is currently
estimated at$1.5M
NEXT STEPS
Upon Board authorization, the General Manager will execute the contract amendment with Macro
Corporation to proceed with tasks needed to complete the project.
Prepared by:
David Topley
Contact person:
Same as Above
Midpeninsula Regional
k Open Space District
r �
R-10-31
Meeting 10-07
March 10, 2010
AGENDA ITEM 11
i
AGENDA ITEM
Approval of the Purchase Agreement for the Horstmeyer Property as an addition to the Mt.
Umunhum area of Sierra Azul Open Space Preserve, located approximately %2 mile south of
Almaden Reservoir in Barret Canyon(Santa Clara County Assessor's Parcel Number 562-23-
004); Assignment of Purchase Agreement for the Horstmeyer Property to Peninsula Open Space
Trust (POST); Approval of a License and Management Agreement; Adoption of the Preliminary
Use and Management Plan; 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 Horstmeyer Property, and
authorizing the General Manager to approve the Assignment of Purchase Agreement and
License and Management Agreement between the District and POST for the Horstmeyer
property.
3. Adopt the Preliminary Use and Management Plan contained in this report, including
naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space
Preserve.
SUMMARY
The Midpeninsula Regional Open Space District(District) is proposing to approve a purchase
agreement for the 158.51 acre Horstmeyer Property, at a price of$250,000. The District is also
proposing to assign its purchase rights for the Horstmeyer property to POST in order to pursue
grant funding opportunities and to enter into a License and Management Agreement with POST
to manage the Property pending its anticipated future conveyance to the District. The following
report presents a description of the Horstmeyer Property, a Preliminary Use and Management
Plan, the environmental review, the purchase terms and conditions, and the financial impacts of
the proposed transactions.
R-10-31 Page 2
DISCUSSION
The 158.51 acre Horstmeyer property is located south of Almaden Reservoir, between Alamitos
Creek and Barret Creek, in an unincorporated area of Santa Clara County. The property lies east
of a prominent ridge descending from Loma Prieta Road to the Twin Creeks area. The property J
abuts the eastern boundary of the District's Sphere of Influence. The purchase of the Horstmeyer
i
property would protect the Barret Creek watershed, wildlife habitat, viewshed and may
eventually provide a future trail connection between the Mount Loma Prieta ridgetop and Santa
Clara County Almaden Quicksilver Park.
Property Description (see attached map)
Situated along the western slopes of Barret Canyon, the property is bordered by District land to
the west, the District's Hacienda Park properties to the south, and along its north-eastern
boundary lies the former Marks property, which was gifted to the District in December, 2009
(See report R-09-02). Private property adjoins the southeastern boundary and the private Twin
Creeks property is situated along its northern boundary. The Horstmeyerproperty has no deeded
P p Y g Y Y
access from Alamitos Road to the north or Mt. Umunhum-Loma Prieta Road to the south.
However, an unsurfaced fire road which runs along the ridgeline from Loma Prieta Road to Twin
Creeks provides limited access to the northwestern corner of the property. The main north-south
ridgeline of the property is located along its western boundary. The property is characterized by
steep ridgelines, rugged side slopes and several seasonal drainages, all of which drop steeply into
Barret Canyon. The property supports dense chaparral and scrub oak on the upper slopes and
patches of dense forest along the seasonal drainages into Barret Creek. Common mammals in
the chaparral community include black-tailed deer, coyote, brush rabbit, and dusky-footed wood
rat.
The fire road serves as patrol access to the adjoining Sierra Azul Preserve. The primary use of
the land would be for watershed and viewshed sxl]protection, wildlife habitat conservation, and
to preserve the opportunity for future regional public trail opportunities.
USE AND MANAGEMENT
Planning Considerations
The property is located within the unincorporated area of Santa Clara County and is zoned HS
(Hillside), requiring a 20 to 160 acre minimum lot size based upon a slope density formula. The
property is comprised of one legal parcel and has a potential density of one residential site.
Residential development of the upper portion of the property would be difficult because of the
remote location, lack of deeded access, and absence of utilities. The property is subject to a
Land Conservation (Williamson Act) Contract with the County of Santa Clara. In 2008, the
owner filed a Notice of Non-Renewal of the Land Conservation Contract which will terminate on
January 1, 2018. Therefore, no further action is required by the District to terminate this
contract. The District will comply with the terms of this contract until the term has ended.
Preliminary Use and Management Plan (Next Steps)
The principal purpose of the Preliminary Use and Management Plan is to establish an interim
status quo land management approach to be in effect between the purchase and the completion of
R-10-31 Page 3
a subsequent long-term plan. The Preliminary Use and Management Plan will remain effective
until the Master Plan is approved for Sierra Azul Open Space Preserve. The Preliminary Use and
Management Plan includes posting signs and routine patrol. The property will be maintained in
its current condition, with no changes anticipated. If changes to land use or the physical
environment are proposed in the future, the plan would be subject to further environmental
review and public input.
Public Access: Closed to public use
Signs and Site Review and install preserve boundary signs where appropriate.
Security:
Patrol: Routinely patrol the property utilizing the existing fire road.
Site Safety There are no known safety hazards on the site.
Inspection:
Name: Name the property as an addition to the Mt. Umunhum area of Sierra Azul
Open Space Preserve.
CEQA COMPLIANCE
Project Description
The project consists of entering into an agreement to purchase the 158.51 acre Horstmeyer
Property, the assignment of this purchase agreement to POST so that, prior to close of escrow,
POST will take title to the Property, approval of a License and Management Agreement, and the
concurrent adoption of a Preliminary Use and Management Plan for the property. The District's
assignment of the purchase agreement to POST in escrow will enable POST to hold title while
the District pursues potential grant funding before the Property is conveyed to the District as
discussed in the Terms and Conditions Section of this report.
The District will manage the property under the terms of the License and Management
Agreement that maintains the property in a natural condition and closed to the public pending
completion of the Sierra Azul Master Plan.
CEQA Determination
The District concludes this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (California Environmental Quality Act) under Article 19,
Sections 15301, 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. Under the terms of the License
and Management Agreement and the proposed Preliminary Use and Management Plan,
R-10-31 Page 4
there will be no expansion of use and the property will remain in a natural condition and
p p p Y
closed to public use.
Section 15325 exempts transfers of ownership of interests in land in order to preserve
open space. The License and Management Agreement and Preliminary Use and
Management Plan ensure that the property is preserved as open space by incorporating it
into the Mt. Umunhum Area of Sierra Azul Open Space Preserve.
The project is also exempt under 15061(b)(3), as there is no possibility the actions can have a
significant effect on the environment.
TERM N S & CONDITIONS
The purchase agreement for the 158.51 acre Horstmeyer Property is based upon a purchase price
of$250,000 (approximately$1,577 per acre) on an all cash basis at the close of escrow. The
property is currently listed in the open real estate market at this price. The purchase price is
considered fair and reasonable for a single building parcel with no deeded access rights and is
supported by sales within this real estate market area. The property is vacant and being
purchased on an"As-Is"basis. Staff has conducted site inspections of the property and is
satisfied that no contamination or hazardous conditions exist on the property.
The purchase agreement allows the District to assign it to POST upon the same purchase terms
and conditions. Staff recommends approval of the Assignment Agreement assigning the
purchase agreement to POST, which will allow the District to pursue future grant opportunities
to further protect the Barret Creek and Alamitos Creek which make up the Twin Creeks
watershed, including the ability to obtain grant funding for eventual conveyance of the property
to the District. While the property is owned by POST, the District will assume all management
responsibilities under the terms of a License and Management Agreement with POST and will
manage the Property according to the requirements of the Preliminary Use and Management
Plan.
BUDGET CONSIDERATIONS
FY2009-10 Budget for New Land Purchases:
New Land $20,100,000
Land purchase commitments this fiscal year $11,315,000
Horstme er property(Assignment to POST) $0)*
New Land Purchase Budget Remaining $ 8,785,000.00
Controller M. Foster was consulted on this proposed purchase and has indicated that, considering
cash flow and account balances, funds are available for this property purchase.
*The assignment of the purchase agreement to POST will mean that the District will not incur
the purchase cost of$250,000 at this time.
R-10-31 Page 5
PUBLIC NOTICE
Public notice was also provided as required by the Brown Act.
NEXT STEPS
Upon approval by the Board of Directors, the executed Assignment Agreement will be delivered
to POST for approval in escrow, thereby completing the purchase of the Horstmeyer property.
The License and Management Agreement will be executed by POST. Upon POST's purchase of
the property, the District's Foothills Field staff will manage the property as part of the Mt.
Umunhum area of Sierra Azul Open Space Preserve in accordance with the License and
Management Agreement.
Attachments:
1. Resolution
2. Map
Prepared by:
Michael Williams, Real Property Manager
Contact person:
Same as above
Graphics prepared by:
Zachary Alexander, Planning Technician
RESOLUTION 10-
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING APPROVAL OF PURCHASE
AGREEMENT,AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO
EXECUTE ,ASSIGNMENT AGREEMENT, AND LICENSE AND MANAGEMENT
AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF
HORSTMEYER)
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 approve and accept the offer contained in that certain Purchase Agreement between
William Edward Horstmeyer and Lynn Ann Horstmeyer, as Successor Co-Trustees of The Arend
Louis Horstmeyer and Lucille Helen Horstmeyer Revocable Living Trust Dated June 15, 1993 as
amended March 26, 1998 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 Horstmeyer Property").
Section Two. The General Manager is authorized to execute the Assignment Agreement and
License and Management Agreement with Peninsula Open Space Trust on behalf of the District.
Section Three.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 Four. The General Manager is authorized to expend a to 2 500 to cover an
g p p � Y
miscellaneous costs related to this transaction.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical 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.p
40
—-emsC� � Rancho San Vicente
d \ County Park
/40n /
a�, 1
Almaden Quicksilver 1
County Park �
e
r , !Santa Clara County„
4 .,Open Space Authority
�..: Caleto o
a- ` ll Count
rk
Itos Horstmeyer i
\ .� l�,�a "• ,r '� 159.5 Acres
c
Creek �a r �:
Santa Clara C my
% Open Space Auto ority
Park)` Ai 16
00
l ,
> U --
Santa Clara County
Open Space Authority ✓ w e�
c
Exhibit A: Proposed Addition of Horstmeyer Property, Sierra Azul OSP Midpeninsula Regional
Proposed Addition Watershed Land Open Space District
MROSD ® Conservation or Agricultural February 2010
Other Protected en Space ace Easement
p p Other Public Agency
i:za,000 •
or Park Lands
Miles • �
Nonprofit Land e 0 0.125 025 0.5
' Mid peninsula Regional
M ' Open Space District
To: Board of Directors
From: Stephen E. Abbors
Date: March 10, 2010
Re: Late FYI
^
kAidpeninsu|aRegiona| �� ��� �� U��� �� �� U N ���
| (JpenSpace District ������ U8U �� U ��UU�� �� UUU
� To: MKDGD Board of Directors
�
Through: Steve Ahboo, General Manager
�
From: Julie Andersen, Resource Planner l �
�
Date: March 9. 20|O
Re: Notice o[Exemption for Soda Springs Roadside thinning project
Please see attached Notice of Exemption (NOE) and Project Map for an interagency roadside thinning
| project located along Soda Springs Road in the 8icnuAzu| Open Space Preserve. This project was
identified as the second highest priority project in the Lexington Hills Community Wildfire Protection
Plan. The District is working in conjunction with Calfire, the Santa Clara County Bo Safe Council, and
neighboring landowners to design, permit and implement the project.
Next Steps:
* The approved N0B will hc submitted to the Santa Clara County Clerk's office �
° A35day public review period will commence
° Cu|fiovviU be given notice that they can proceed with implementation of the project
� * When funding and Cu|Gn work crews are available, project work will begin |
Attachments: �
Notice ofExemption
Project Map �
�
�
�
�
�
�
�
|
/
R C 9 i 0 n a t Midpninsula Regional
c.
OpenSpacei
30 D,Str I C W-le LOi A It CS,C4 W)�2
NOTICE OF EXEMPTION
To: County Clerk. From: N/lidpeninsula Regional Open Space District
County of Santa Clara 330 Distel Circle
Los Altos, CA 94022
Project Title: Soda Springs RoadsidcThinni'110
Project J.,ocation: Soda Springs Road (30 feet on either side of the road, as measured from the pavement edge)
be!-lilillill" at the junction with Alma Bridge Road and running east to the western boundary ot'APN 558-29-020 f0i'll
total project length of 2.2 miles
City, Lexington Hills County: Santa Clara
Description of Project: Project will involve hand trimming. thinning, removal, and chipping of isolated invasive plants
and overgrowth ot'vegetation along Soda Springs Road to facilitate the ingress and egress of residents and emergency
vehicles in the event Ora wildland fire situation as identified in the Lexington Hills Community Wildfire Protection
Plan. Roadside vegetation removal will focus on isolated invasive plants, thinning and chipping of ladder fuels in
forested areas. and thinning and chipping of dead, decadent, or dense brush in shrub dominated vegetation.
Narne of Public Agency Approving Project: Midpeninsula Regional Open Space District
Name of Person or A(Yericy Carrying Out Project: Calfirc
Exempt Status: Categorical Exemptions
Section 15304 Minor Alterations to Land-
(i) Fuel management activities within 30 feet of structures(Soda Springs Road)to reduce the VOIL1111C Of flammable
ve(yetation, provided that the activities Will not result in the taking of endangered, rare, or threatened plant or animal
species Or significant erosion and sedimentation OFS1.11-faCC waters. This exemption shall apply to fuel management
activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has
determined that 100 feet or fuel clearance is required due to extra hazardous fire conditions.
Reasons Why project is Exempt:
-
Project is a fuels reduction project to reduce flammable vegetation along Soda Springs Road. No take ofenclangered,
rare, or threatened plant and animal species Will occur. Site specific surveys Will Occur each year prior to
implementation and monitoring of invasive plant species Will be ongoing to target their removal.
Lead Agency IMidpeninsula Regional Open Space District
Contact Person: Julie Andersen,Resource Planner I
Midpeninsula Regional Open Space District
Telephone: (650) 691-1200
Attachments: PI*O*C,ct Map
V'O e"' 'V'
Signature: k Date: C1 A0
Ana Attachments:
Plat ing_ r-pt. Manager
Soda Springs Roadside Thinning
.._ l
Legend
yd
>;wr 4ry!�I • .��"� 4� 7��k - �� � t 1. _^- -_r '�f`ny�`'�':}� �` 1� �� r�,
•
PI t A lea
Roads and Trails
.................. Trailr
Unmaintained Road Width
' Paved Road
4. Highway 17 or Major Road
Interchange
Water Bodies
Perenial Stream
Intermittent Stream
Lexington Resevoll"
i \
I w
- � �-c a.:. � „F' ~} '�?4 � �` '.a��k�, rn,..x 't s':•'S � i�1Y .ba(!S�y��. a
r .� _ f,""`•.�" �7�, _ }- �' IJfIr �1����,-.�~.�• - �3 ..i�ir'* ti: :� :t;�y�.y
--' Vil
U0,50 rk,.71.�
i - ♦ ` 't w. y1� n(_� -
1
^ + d A�'V�t ♦ � � � �-4 J. 'M.w A '+� �` _.: ?'i`Ym 'Tie} n� f+ R'1'•_.. - ��
125 Il.2`i Il _
,�� . J1Z t •; a'- _ ALL,: i ,. _- -- -- -
I hall