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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