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HomeMy Public PortalAbout20100609 - Agenda Packet - Board of Directors (BOD) - 10-15 ' Midpeninsula Regional Open Space District Meeting 10-15 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday, June 9, 2010 CLOSED SESSION FOR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:30 P.M. PUBLIC SESSION BEGINS AT 7:00 P.m. 330 Distel Circle Los Altos, California AGENDA SPECIAL MEETING 5:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT- CLOSED SESSION 1. Closed Session: Public Employees Performance Evaluation Pursuant to Government Code Section 54957 �� Title of Employees: General Manager,General Counsel and Controller 2. Conference with Labor Negotiators, Government Code § 54957.6 Agency Negotiators—Board Appointee Evaluation Committee: President Davey, Director Hanko and Director Riffle Unrepresented Employees—General Manager,General Counsel and Controller REGULAR MEETING 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 7:10* CONSENT CALENDAR 1. Approve Minutes of the Regular and Special Board Meeting of April 28, 2010 2. Approve Revised Claims Report 3. Approve Written Communications—None 7:20* BOARD BUSINESS 4. Authorization for the General Manager to execute a professional services contract with Koff& Associates,Z� I Inc., in an amount not to exceed $43,560 to complete a Classification and Compensation Study—A. Spiegel 5. Approval of proposed purchase of the Chen property as an addition to the Cathedral Oaks Area of the Sierra AzuI Open Space Preserve, located at 21680 Aldercrest Heights Road in unincorporated Santa Clara County, Santa Clara County Assessor's Parcel Number 558-30-0 10 and Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA), as set out in this Report. —M. Williams 6. Award of Contract with TKO General Engineering and Construction Inc. for Pond DR06 Repair at La Honda Creek Open Space Preserve—J. Andersen 7. Presentation of FY2009-1 0 Budget Review—E. Cuzick 8. Presentation of FY2009-10 Action Plan Review—G. Baillie 9. Resolution in Opposition to the Proposed Development of the Redwood City Salt Ponds—R.Jurgensen INFORMATIONAL REPORTS—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 infort-nation;request staff to report back to the Board on a 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 SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times(ire estimated and items may appear earlier or later than listed.A-Cnda is subject to change of'order. T0 ADDRESS T11FBOARD: 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 met-y be approved without discussion by one motion. Board members, the General Manager, and members oj'the public ntn�y request that an item be removed fromthe Consent Calendar during consideration ql'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. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle, Los Altos,California 94022. CERTIFICATION OF POSTING OF ACENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Special and Regular Meeting of the MROSD Board of Directors was posted and available for review on June 4,2010,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 littp:/,www.opcnsfl',Ice.()riy. Signed this 4 1h day of June,at Los Altos,California_ Claims No. 10-12 Meeting 10-15 Date 6/9/10 Midpeninsula Regional Open Space District # Amount Name Description 12902 $795,000.00 ## Chicago Title Company Land Acquisition-Chen Property 12903 $35,372.00 *1 Department Of The Interior-National Golden Gate National Recreation Area Tower Strengthening For Park Service District Radio System 12904 $7,729.05 County Of San Mateo Permit Fee For Grading-ECDM Staging Area 12905 $2,313.85 Brim Tractor Company Parts To Repair Tractor Mower 12906 $2,201.04 Metro Mobile Communications Radio System For Patrol Truck,Two Portable Radios&Parts For Radio Charger 12907 $1,960.00 Pacific Coast Termite Ant Treatment-Rental Residence 12908 $1,705.86 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 12909 $1,639.43 Peterson Tractor Tractor Repair 12910 $1,562.16 Periat Plumbing Sewerline Repair-Rental Residence 12911 $1,324.60 Tadco Supply Janitorial Supplies 12912 $1,136.91 Cabela's Waders&Anchor Lines For Boat To Remove Duckweed And Cattails-Schilling Lake 12913 $1,114.21 The Workingman's Emporium Uniform Expenses 12914 $974.99 Accountemps Accounting Temp 12915 $926.54 Gardenland Power Equipment Field Supplies/Brushcutter Parts/Chainsaw Helmet&Helmet Parts/Skid Replacement Kit For Mower 12916 $922.00 Reed&Graham Supplies For Road Repairs At Rancho De Guadalupe 12917 $716.00 Shelton Roofing Company Install Panels Over Skylights-Rental Residence 12918 $700.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio&Deer Hollow Farm 12919 $638.06 Royal Brass Hose&Tools For Tractor 12920 $612.13 Waste Management Treated Wood Waste Disposal 12921 $524.65 Costco Break Room Supplies-SFO 12922 $491.40 West Coast Rubber Recycling Recycling Services-Tires 12923 $355.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 12924 $346.00 State Water Resources Control Board Notice Of Intent Fee For ECDM Staging Area 12925 $334.09 United Site Services Sanitation Services-Mt. Umunhum Event 12926 $285.50 Ace Fire Equipment&Service Hydrotest 02 Cylinders Company 12927 $256.28 Lab Safety Supply Safety Glasses&Ear Plugs 12928 $255.00 Griffith-Jones,Jeff Reimbursement-Emergency Response Instructor Course 12929 $218.98 Forestry Suppliers Poison Oak&Ivy Cleanser 12930 $217.00 Del Rey Building Maintenance Janitorial Supplies-AO 12931 $210.00 Jim Little Reimbursement-Slender False Brome Treatment 12932 $180.86 Big Creek Lumber Concrete For Rental Residence Gates 12933 $169.44 G&K Services Shop Towel Service 12934 $165.47 Recology Garbage Service-AO 12935 $165.00 Lund, Pearson,McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 12936 $135.00 Liebert Cassidy Whitmore Legal Services&Advice 12937 $132.50 Gartside, Ellen Reimbursement-Mileage 12938 $131.26 Target Specialty Products Landscaping Supplies 12939 $122.20 Jurgensen, Rudy Reimbursement-Mileage 12940 $119.00 Coastal Sierra Internet Service-SFO 12941 $97.50 Basson,Galli Reimbursement-Society For Conservation Biology Membership Dues 12942 $90.00 Jim Davis Automotive Smog Checks 12943 $63.00 Grand Prix Ignition Switch For ATV 12944 $62.76 Kelly-Moore Paints Paint For AO 12945 $60.00 Sanguinetti, David Reimbursement-Cell Phone Page 1 of 2 w► f Claims No. 10-12 Meeting 10-15 Date 6/9/10 Midpeninsula Regional Open Space District # Amount Name Description 12946 $57.73 Cascade Fire Equipment Company Field Supplies-Glove Holders 12947 $55.00 Protection One Fire Inspection&Monitoring-AO 12948 $54.19 Goodco Press Printing Services-AO Time Cards 12949 $51.59 Pearson Buick,Pontiac&GMC Door Handle For Maintenance Truck 12950 $50.56 Peninsula Digital Imaging Scan Four Drawings-Sierra Azul 12951 $50.00 *2 Santa Clara County Clerk Recorders Categorical Exemption Fee-Training Burn At Rancho De Guadalupe 12952 $43.70 Foster Brothers Keys For SFO&FFO 12953 $40.00 Cupertino Medical Group Employee Medical Services 12954 $39,95 Rancho Cobbler&Cleaners Uniform Shoe Repair 12955 $38.45 Cartridge World Printer Cartridge 12956 $32.17 West Coast Aggregates Base Rock For Trail To Lobitos Creek Residence Water System 12957 $25.68 United Parcel Service Parcel Shipping 12958 $25.59 Madco Oxygen Tank For Maintenance Truck 12959 $24.85 Recognition Specialties Name Badges For Volunteer&Employee 12960 $22.45 CSK Auto Vehicle Safety Mirrors,Oil Filter Wrench&Auto Lamps 12961 $22.15 California Water Service Company Water Service-Windy Hill Total $864,370.78 *1 Urgent check issued 5/28/10 *2 Urgent check issued 5/26/10 ## In the event agenda item is not approved,this claim will not be processed Page 2 of 2 i Claims No. 10-12 Meeting 10-15 Date 6/9/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12902 $795,000.00 ## Chicago Title Company Land Acquisition-Chen Property 12903 $35,372.00 "1 Department Of The Interior-National Golden Gate National Recreation Area Tower Strengthening For Park Service District Radio System 12904 $7,729.05 County Of San Mateo Permit Fee For Grading-ECDM Staging Area 12905 $2,313.85 Brim Tractor Company Parts To Repair Tractor Mower 12906 $2,201.04 Metro Mobile Communications Radio System For Patrol Truck,Two Portable Radios&Parts For Radio Charger 12907 $1,960.00 Pacific Coast Termite Ant Treatment-Rental Residence 12908 $1,705.86 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 12909 $1,639.43 Peterson Tractor Tractor Repair 12910 $1,562.16 Periat Plumbing Sewerline Repair-Rental Residence 12911 $1,324.60 Tadco Supply Janitorial Supplies 12912 $1,136.91 Cabela's Waders&Anchor Lines For Boat To Remove Duckweed And Cattails-Schilling Lake 12913 $1,114.21 The Workingman's Emporium Uniform Expenses 12914 $974.99 Accountem s Accounting Temp p g p 12915 $926.54 Gardenland Power Equipment Field Supplies/Brushcutter Parts/Chainsaw Helmet&Helmet Parts/Skid Replacement Kit For Mower 12916 $922.00 Reed&Graham Supplies For Road Repairs At Rancho De Guadalupe 12917 $716.00 Shelton Roofing Company Install Panels Over Skylights-Rental Residence 12918 $700.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio&Deer Hollow Farm 12919 $638.06 Royal Brass Hose&Tools For Tractor 12920 $612.13 Waste Management Treated Wood Waste Disposal 12921 $524.65 Costco Break Room Supplies-SFO 12922 $491.40 West Coast Rubber Recycling Recycling Services-Tires 12923 $355.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 12924 $346.00 State Water Resources Control Board Notice Of Intent Fee For ECDM Staging Area 12925 $334.09 United Site Services Sanitation Services-Mt.Umunhum Event 12926 $285.50 Ace Fire Equipment&Service Hydrotest 02 Cylinders Company 12927 $256.28 Lab Safety Supply Safety Glasses&Ear Plugs 12928 $255.00 Griffith-Jones,Jeff Reimbursement-Emergency Response Instructor Course 12929 $218.98 Forestry Suppliers Poison Oak&Ivy Cleanser 12930 $217.00 Del Rey Building Maintenance Janitorial Supplies-AO 12931 $210.00 Jim Little Reimbursement-Slender False Brome Treatment 12932 $180.86 Big Creek Lumber Concrete For Rental Residence Gates 12933 $169.44 G&K Services Shop Towel Service 12934 $165.47 Recology Garbage Service-AO 12935 $165.00 Lund, Pearson, McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 12936 $135.00 Liebert Cassidy Whitmore Legal Services&Advice 12937 $132.50 Gartside,Ellen Reimbursement-Mileage 12938 $131.26 Target Specialty Products Landscaping Supplies 12939 $122.20 Jurgensen, Rudy Reimbursement-Mileage 12940 $119.00 Coastal Sierra Internet Service-SFO 12941 $97.50 Basson,Galli Reimbursement-Society For Conservation Biology Membership Dues 12942 $90.00 Jim Davis Automotive Smog Checks 12943 $63,00 Grand Prix Ignition Switch For ATV 12944 $62.76 Kelly-Moore Paints Paint For AO 12945 $60.00 Sanguinetti,David Reimbursement-Cell Phone Page 1 of 3 Claims No. 10-12 Meeting 10-15 Date 6/9/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12946 $57.73 Cascade Fire Equipment Company Field Supplies-Glove Holders 12947 $55.00 Protection One Fire Inspection&Monitoring-AO 12948 $54.19 Goodco Press Printing Services-AO Time Cards 12949 $51.59 Pearson Buick, Pontiac&GMC Door Handle For Maintenance Truck 12950 $50.56 Peninsula Digital Imaging Scan Four Drawings-Sierra Azul 12951 $50.00 *2 Santa Clara County Clerk Recorders Categorical Exemption Fee-Training Burn At Rancho De Guadalupe 12952 $43.70 Foster Brothers Keys For SFO&FFO 12953 $40.00 Cupertino Medical Group Employee Medical Services 12954 $39.95 Rancho Cobbler&Cleaners Uniform Shoe Repair 12955 $38.45 Cartridge World Printer Cartridge 12956 $32.17 West Coast Aggregates Base Rock For Trail To Lobitos Creek Residence Water System 12957 $25.68 United Parcel Service Parcel Shipping 12958 $25.59 Madco Oxygen Tank For Maintenance Truck 12959 $24.85 Recognition Specialties Name Badges For Volunteer&Employee 12960 $22.45 CSK Auto Vehicle Safety Mirrors,Oil Filter Wrench&Auto Lamps 12961 $22.15 California Water Service Company Water Service-Windy Hill 12962 R $3,500.00 *3 First National Bank 75th East Bay Regional Park Anniversary Sponsorship!Bay Area Open Space Council Sponsorship 12963 R $3,017.35 Home Depot Supplies For Mora Residence-Plumbing Fixtures, Paint& Painting Supplies,Flooring Supplies,Door Weather Strips/Rebar &Fencing For Volunteer Project At Russian Ridge/Supplies For Black Mountain Water System/Venting Pipe For SFO Bunkhouse 12964 R $1,808.62 *3 First National Bank Conferences&TrainingExpenses-OSHA Training/Red Cross P 9 I Training/City Attorneys Spring Conference/California Special Districts Association Conference/Bay Area Open Space Council Conference/Northern California Turf&Landscape Council Training 12965 R $1,675.33 *3 First National Bank Office Supplies/Carpet&Supplies For General Managers Office /Camera Batteries/Radio Connector For Office Antenna System /Water Filters&Service For Three Systems 12966 R $1,620.76 *3 First National Bank Business Related Meals-Board Meetings!Mt. Umunhum Event/ Mt.Tamalpais Tour/Leadership Academy 1 Staff Activities 12967 R $1,379.89 Office Depot Office Supplies-AO&FFO/Computer Supplies!Copy Paper/ Classification Folders/Desk Organizer/Binders/Laminating Pouches/Clipboards/Sheet Protectors/File Folders/ Correction Tape 12968 R $1,279.75 *3 First National Bank Field Supplies/Ear Plugs/LED Head Lamps/Fire Hose Parts/ Grafitti Remover/GPS Power Cables/Flagging Tape Dispensers /Drill Press Belt/Safety Goggles 12969 R $1,126.00 *3 First National Bank Fremont Older Tour Expenses-Shuttle&Drivers/Appreciation Gift 12970 R $978.45 *3 First National Bank Uniform Expenses 12971 R $861.60 *3 First National Bank Training Books/Recruitment Advertisement For Resource Specialist 1 /Survey Monkey Subscription/Resource Documents For Outdoor Activity Docent Training 12972 R $850.00 MCB Remodeling Bathroom Fixtures&Kitchen Floor Repairs-Rental Residence 12973 R $800.00 Laustsen, Gretchen Reimbursement-Tuition 12974 R $599.35 *3 First National Bank Computer Expenses/Internet&Website Service/Spam Service /Two Printer Repair Kits/Two Network Docking Stations/ Domain Registration 12975 R $500.30 Recology South Bay Front Loader/Dumpster Service-FFO 12976 R $498.00 Periat Plumbing Bathroom Fixtures-Rental Residence 12977 R $192.60 Petty Cash Office&Break Room Supplies/Vehicle Mileage/Twix Supplies! Carwash 12978 R $172.85 Allied Waste Services Garbage Service-Hosking Barn Page 2 of 3 Claims No. 10-12 Meeting 10-15 Date 6/9/10 Revised Midpeninsula Regional Open Space District # Amount Name Description 12979 R $122.48 `3 First National Bank Van Rental For Mt.Tamalpais Tour 12980 R $74.89 California Water Service Company Water Service-Rental Residence 12981 R $32.75 '3 First National Bank Volunteer Supplies Total $885,461.75 '1 Urgent check issued 5/28/10 "2 Urgent check issued 5/26/10 '3 Urgent check issued 6/8/10 The total amount for First National Bank is$13,605.09 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 { t I t Midpeninsula Regional • " Open Space District R-10-73 Meeting 10-15 June 9, 2010 AGENDA ITEM 4 AGENDA ITEM Authorization for the General Manager to Execute a Professional Services Contract with Koff& Associates, Inc., in an Amount Not to Exceed$43,560 to Complete a Classification and Compensation Study. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a professional services contract with Koff& Associates, Inc., in an amount not to exceed $43,560 to complete a Classification and Compensation Study. SUMMARY The current Memorandum of Understanding with the District Field Employees Association requires the District to complete a comprehensive salary survey to determine market placement of the bargaining unit classifications prior to March 31, 2011. A draft Request for Proposal 2009 and the RFP was posted on the District's RFP was circulated to staff in November website November 13, 2009 through the proposal due date of January 8, 2010. Three finalists were chosen to participate in a selection interview with a review panel comprised of the General Manager, acting Manager of Administration, acting Human Resources Analyst, President of the Board of Directors and President of the Field Employees Association. The unanimous selection of the group was Koff& Associates, Inc. The selection of the panel was upheld through reference checks. The amount for this consultant services contract is $43,560. DISCUSSION Background The last comprehensive classification study was conducted in 2000 and the last salary study was conducted in 2005. Some classifications are no longer being used, have been reclassified, or have changed. The District's Personnel Policy 2, Job Classifications, Section 2.1 Classification Plan states that the General Manager shall recommend a Position Classification Plan to the Board of Directors for General Manager appointed positions. The Position Classification Plan shall consist of salary ranges and class specifications, which include class titles,purpose of positions,job requirements, and general job duties. The Board of Directors shall approve the R-10-73 Page 2 Classification Plan. The General Manager shall be responsible for keeping the Classification Plan current through periodic analysis of the positions within the organization. The current Memorandum of Agreement with the District's Field Employee Association dated April 1, 2006 through March 31, 2011,Article 7—Compensation and Benefits, Section 7.1 — Compensation, states that prior to the end of the term of this Agreement, the District will conduct a comprehensive salary survey to determine market placement of the bargaining unit classifications. Selection Process The Request r osal ( RFP posted osted on the Distr ict website on November 13, 2009 with tforPo q p proposals due by 5:00 p.m. January 8, 2010. A total of 15 firms responded to the RFP. The selection process included review of each proposal based on the requirements in the scope of services, consultant team capacity, methodology to be used, public sector knowledge and experience, and the communications plan for District staff and the Board of Directors. Three consultants were subsequently interviewed and the panel unanimously selected Koff& Associates, Inc. because of their demonstrated ability to fulfill all District requirements and their sensitivity to working with employees and management during times of economic uncertainty. At the end of the selection process, the FEA President informed the panel that the represented group expected a total compensation study including benefits. A meeting with FEA representatives was subsequently scheduled to discuss this concern, which was resolved after the District demonstrated its existing capability to access benefits information through the joint powers agreement with the Bay Area Employer Relations Service (BAERS). j Scope of Services Summary The District is proposing to retain the firm of Koff&Associates, Inc. to conduct this study. Koff &Associates, Inc. is highly experienced in these types of studies and specializes in public sector employers. The Contract Scope of Services is outlined below. 1. Review and analyze the current duties and responsibilities and determine non-exempt or interviewing managers, ri tions including classification 'ob descg exempt status of selected � p supervisory personnel and other staff as needed to make recommendations consistent with the Fair Labor Standards Act. 2. Recommend changes to job titles and classification job descriptions consistent with current duties and responsibilities of the position ensuring compliance with all local, state and federal laws, including the American Disabilities Act. 3. Evaluate and define the relevant public sector agency labor market and recommend any needed changes to District's current benchmark survey agencies. 4. Survey selected benchmark public agencies and make recommendations to update the current classification and compensation plan using benchmark survey data including employer-paid PERS. 5. Review the classification and compensation plan to ensure internal equity alignment within each department as well as between departments. 6. Recommend a procedure for ongoing reviewing, maintaining and updating the classification and compensation plan on a long-term basis. I i R-10-73 Page 3 x 7. Recommend a validation process for position reclassifications. i i 8. Present findings and recommendations, including written and oral reports and policies at management briefings, and employee and public meetings of the District Board of Directors. FISCAL IMPACT On March 24, 2010,. the Board approved the Administration Department's budget for FY2010- I 11, which included $43,000 for this project(see Reports R-10-53 and R-10-54). Note that the additional $560 will come from other under-expenditures in the department. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXTSTEP Upon Board authorization, the General Manager will enter into a contract with Koff& Associates, Inc., who shall be given Notice to Proceed with Phase 1: Classification Study and Phase 2: Compensation Study. Prepared by: Annetta Spiegel, Acting Administration & Human Resources Manager Contact person: Same as Above i i Midpeninsula Regional Open Space District R-10-75 Meeting 10-15 June 9, 2010 AGENDA ITEM 5 AGENDA ITEM Approval of proposed purchase of the Chen property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve, located at 21680 Aldercrest Heights Road in unincorporated Santa Clara County, Santa Clara County Assessor's Parcel Number 558-30-010. 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 purchase of the Chen property. 3. Adopt the Preliminary Use and Management Plan contained in this Report and name the purchased property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District is proposing to purchase the 121.57-acre Chen property, at a purchase price of$800,000. The following report presents a description of the property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The 121.57-acre Chen property is located approximately one mile southeast of Lexington Reservoir. The property is bordered by the Aldercroft Heights community along its western boundary. Lands owned by the San Jose Water Company border the property to the south and east. The property is bounded by private properties and the recent addition of the 81.5-acre Peninsula Open Space Trust(Moore) property to the Preserve(see Report R-09-55). R-1 0-75 Page 2 Property Description (see attached map) The Chen property provides a natural extension to the Cathedral Oaks area of the Sierra Azul Open Space Preserve. The property is located on the south-facing slopes of the Hooker Gulch Creek. Hooker Gulch originates on the south facing slopes of Mt. Thayer in the Mt. Umunhum area of Sierra Azul Open Space Preserve and flows through the lands of San Jose Water Company to the south and east into Los Gatos Creek to the west. Two seasonal creeks eemprised a4buffered by Coast live oak and California bay woodlands run through the middle of the property into Hooker Gulch. The south facing ridgelines and canyons consist of chemise, chaparral and sagebrush with stands Douglas fir and Foothill pine scattered through the property. Common mammals in the chaparral community include black-tailed deer, mountain lion, brush rabbit and dusky-footed wood rat. The property purchase is important in terms of permanently protecting important watershed, wildlife habitat and viewshed by preventing the potential development of a visible ridgeline. Access and Internal Road System The southwest comer of the property is accessible from a deeded easenwntgged road from Aldercroft Heights Road through a private residential property and the lands of San Jose Water Company. Beyond the private pLopgqyTthe access road is overgrown with vegetation and will require brushing and clearing to patrol the property. There is a deeded access easement to the subject property which excludes approximately 400 feet of the road between Aldercroft Heights Road and the private residence. Staff is working with the private property owner to resolve this matter. The access easementroad will only be used for District patrol and maintenance purposes. The um-naintained roadbed passes through a level to gently sloping area of approximately 20 acres where an old house was located, which burned to the ground defing the 1985 Lexingt fir-ein 1969. A caretaker resided on the property in a shed dwelling when the Chen's purchase the property in 1979 and continued living on the property until 1989. The access road continues along the western portion of the property with several additional access points into the community of Aldercroft Heights. Mining History A historical mining site known as the Hooker Creek Mine was developed for copper production on the property in 1917 and closed in 1918. No production of copper was ever credited to this mine. The mine was further developed by a new owner in 1929 with small production of gold and silver reported between 1936 and 1938. The mine has not operated since that time, and by the 1950s the mine tunnels had caved in. Staff was not able to locate the remains of any mining sites due to the heavy brush and poison oak on the property. USE AND MANAGEMENT Planning Considerations The undeveloped property consists of one legal parcel and is located in an unincorporated area of Santa Clara County and zoned HS (Hillside),requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The property falls within the County General Plan designated Los Gatos Creek Watershed Area, which places additional constraints upon potential development. Approximately 20 acres of the property is leveled to rolling terrain and the majority of the "10-75 Page 3 property is steeply sloping canyons. There are no improvements on the property. Vehicular access to the property is across a road easement from Aldercroft Heights Road. Staff has contacted the private property owner along this road to coordinate District patrol access of the property. Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be in effect during the interim between the purchase and the completion of a subsequent long term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain in effect until the Plan is amended or a Comprehensive Use and Management Plan or 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 anticipated changes. 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 private property and preserve boundary signs where the Security: property is readily accessible from adjacent private property. Patrol: Routinely patrol the property utilizing the existing road. Roads and Work with the private property owner to formalize use and maintenance of Trails: the access road in a mutually acceptable manner: access road to be used for District patrol, maintenance, and emergency poses and not for public access. Brush and clear the existing access easement road. Work with neighbors to coordinate use of additional access points from the Aldercroft Heights community. Resource Conduct invasive plant and animal management activities consistent with the Management: district's standard policies and procedures. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. CEQA COMPLIANCE R-10-75 Page 4 Project Description The project consists of the acquisition of a 121.57-acre property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and maintained in a natural condition. Ultimately, the property will be included in the Master Plan for the Sierra Azul Open Space Preserve. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from California Environmental Quality Act (CEQA) under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire a fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Cathedral Oaks Area of the Sierra Azul Open Space Preserve. This purchase qualifies under all three CEQA sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The 121.57-acre Chen property is being purchased for$800,000 (approximately$6,580 per acre) on an all cash basis at the close of escrow. The property is currently listed on the open real estate market for$1,000,000. The property is vacant and being purchased on an"As-Is"basis. Staff has conducted site inspections and is satisfied that no contamination or hazardous conditions exist on the property. BUDGET CONSIDERATIONS FY2009-10 Budget for New Land Purchases: New Land $15,000,000 Land purchased this year 0 Proposed Chen Property Purchase 800,000) New Land Purchase Budget Remaining $ 14,200,000 R-10-75 Page 5 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property have been mailed a copy of the agenda for the public meeting at which the Board of Directors will consider this purchase. NEXT STEPS Upon approval by the Board of Directors, staff will'proceed with close of escrow for the purchase of the property. Work with the private property owner to formalize use and maintenance of the access road. The District's Foothills Field Office will manage the property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael C. Williams, Real Property Manager Contact person: Same As Above Graphics prepared by: Casey Cleve, GIS Coordinator RESOLUTION 10-20 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, 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 CHEN) The Board of Directors of Midpeninsula,Regional Open Space District does resolve as follows: 1. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between the Tom Teng Chen and Nancy Pei- Shing Chen 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 Chen Property"). 2. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. 3. 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. 4. The General Manager is authorized to expend up to $2,500.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. 5. 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. 6. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section I*110-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$800,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Chen Property that are paid before the date of issuance of the obligation. Midpeninsula Regional I open Space District R-10-75 Meeting 10-15 June 9, 2010 AGENDA ITEM 5 AGENDA ITEM Approval of proposed purchase of the Chen property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve, located at 21680 Aldercrest Heights Road in unincorporated Santa Clara County, Santa Clara County Assessor's Parcel Number 558-30-010. GENERAL MANAGER'S RECOMMENDATION 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 purchase of the Chen property. 3. Adopt the Preliminary Use and Management Plan contained in this Report and name the purchased property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District is proposing to purchase the 121.57-acre Chen property, at a purchase price of$800,000. The following report presents a description of the property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The 121.57-acre Chen property is located approximately one mile southeast of Lexington Reservoir. The property is bordered by the Aldercroft Heights community along its western boundary. Lands owned by the San Jose Water Company border the property to the south and east. The property is bounded by private properties and the recent addition of the 81.5-acre Peninsula Open Space Trust (Moore)property to the Preserve (see Report R-09-55). R-10-75 Page 2 Property Description (see attached map) The Chen property provides a natural extension to the Cathedral Oaks area of the Sierra Azul + Open Space Preserve. The property is located on the south-facing slopes of the Hooker Gulch Creek. Hooker Gulch originates on the south facing slopes of Mt. Thayer in the Mt. Umunhum area of Sierra Azul Open Space Preserve and flows through the lands of San Jose Water Company to the south and east into Los Gatos Creek to the west. Two seasonal creeks comprised of Coast live oak and California bay woodlands run through the middle of the property into Hooker Gulch. The south facing ridgelines and canyons consist of chemise, chaparral and sagebrush with stands Douglas fir and Foothill pine scattered through the property. Common mammals in the chaparral community include black-tailed deer, mountain lion, brush rabbit and dusky-footed wood rat. The property purchase is important in terms of permanently protecting important watershed, wildlife habitat and viewshed by preventing the potential development of visible ridgeline. Access and Internal Road System The southwest corner of the property is accessible from a deeded easement from Aldercroft Heights Road through a private residential property and the lands of San Jose Water Company. The access road is overgrown with vegetation and will require brushing and clearing to patrol the The for patrol and maintenance purposes. i property. The access easement will only be used p P � unmaintained roadbed passes through a level to gently sloping area of approximately 20 acres where an old house was located, which burned to the ground during the 1985 Lexington fire. The access road continues along the western portion of the property with several additional access points into the community of Aldercroft Heights. Mining History A historical mining site known as the Hooker Creek Mine was developed for copper production on the property in 1917 and closed in 1918. No production of copper was ever credited to this mine. The mine was further developed by a new owner in 1929 with small production of gold and silver reported between 1936 and 1938. The mine has not operated since that time, and by the 1950s the mine tunnels had caved in. Staff was not able to locate the remains of any mining sites due to the heavy brush and poison oak on the property. USE AND MANAGEMENT Planning Considerations The undeveloped property consists of one legal parcel and is located in an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The property falls within the County General Plan designated Los Gatos Creek Watershed Area, which places additional constraints upon potential development. Approximately 20 acres of the property is leveled to rolling terrain and the majority of the property is steeply sloping canyons. There are no improvements on the property. Vehicular access to the property is across a road easement from Aldercroft Heights Road. Staff has contacted the private property owner along this road to coordinate District patrol access of the property. R-10-75 Page 3 Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be in effect during the interim between the purchase and the completion of a subsequent long term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain in effect until the Plan is amended or a Comprehensive Use and Management Plan or 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 anticipated changes. 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 private property and preserve boundary signs where the Security: property is readily accessible from adjacent private property. Patrol: Routinely patrol the property utilizing the existing road. Roads and Brush and clear the existing access easement road. Work with neighbors to Trails: coordinate use of additional access points from the Aldercroft Heights community. Resource Conduct invasive plant and animal management activities consistent with the Management: district's standard policies and procedures. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 121.57-acre property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and maintained in a natural condition. Ultimately,the property will be included in the Master Plan for the Sierra Azul Open Space Preserve. R-10-75 Page 4 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from California Environmental Quality Act (CEQA) under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Preliminary Use and Management Plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space fee interest and mai ntain the openspace character of an area. The District will acquire a p � r of the area. No new development is proposed as part of this proje ct. character c p Section 15325 exempts transfers of ownership of interests in land in order to preserve open will transfer fee owne rship o f the pro perty to the District and ensure w P Y i acquisitionp space. Th sP it will be preserved as public open space by incorporating it into the Cathedral Oaks Area of the Sierra Azul Open Space Preserve. This purchase qualifies under all three CEQA sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The 121.57-acre Chen property is being purchased for$800,000 (approximately $6,580 per acre) on an all cash basis at the close of escrow. The property is currently listed on the open real estate market for$1,000,000. The property is vacant and being purchased on an "As-Is" basis. Staff has conducted site inspections and is satisfied that no contamination or hazardous conditions exist on the property. BUDGET CONSIDERATIONS FY2009-10 Budget for New Land Purchases: i New Land $15,000,000 Land purchased this year 0 Proposed Chen Property Purchase ($ 800,000) New Land Purchase Budget Remaining $ 14,200,000 District Controller Mike Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. i R-10-75 Page 5 PUBLIC NOTICE Property owners of land located adjacent to or surrounding the subject property have been mailed a copy of the agenda for the public meeting at which the Board of Directors will consider this purchase. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field Office will manage the property as an addition to the Cathedral Oaks Area of the Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael C. Williams, Real Property Manager Contact person: Same As Above Graphics prepared by: Casey Cleve, GIS Coordinator i i RESOLUTION 10-_ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, 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 CHEN) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: 1. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the nt between the Tom Ten Chen and Nancy Pei- Agreement Y offer contained in that certain Purchase Ag g Shin Chen and the Midpeninsula Regional Open Space District, a copy of which purchase g 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 Chen Property"). Directors o r other appropriate officer is President of the Board of D 2. The General Manager, authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. 3. 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. � 4. The General Manager is authorized to expend up to $2,5 00.00 to cover the cost of title g p � insu rance, es crow fees and other miscellaneous costs related to this transaction. 5. 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. 6. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. 1 1 U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$800,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Chen Property that are paid before the date of issuance of the obligation. ed ------------ Asa �Cathedr a Area l � a F R do Road Weaver 0 oaa Road poott Chen Property <o i z Stuart Dr. 121.57 Acres �d y7 y i aQrcrof J Coo Airport L. Ile �t R Redwo Holy City ; E. oa Rd. — > 3 Odle j G d Roder o y Sari. Jose Water Company 3 i JA Azut OSP r - athedral Oaks Area V ,9 d �ao� Ralph's w! °oh Mountain' 2716 "'shwa' San Jose ' Water , N E. e N GhaSUe Company ;;- c m m ��r Attachment A: Proposed Addition of Chen Property, Midpeninsula Regional Cathedral Oaks Area of Sierra Azul OSP Open Space District - Proposed Addition Watershed Land Other Protected Open Space Nonprofit Land May 2010 or Park Lands � . - MROSD FM Other Public Agency ® Conservation or Agricultural e o 0125 o zs o Miles Easement Page 1 PURCHASE AGREEMENT (Chen Property) This Agreement is made and entered into by and between Tom Tong Chen and Nancy Pei-Shing Chen, husband and wife as joint tenants, hereinafter called "Seller," and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located at 21680 Aldercrest Heights Road within an unincorporated area of the County of Santa Clara, State of California, containing approximately One Hundred Twenty One and Fifty Seven Hundredths (121.57) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 558-30-010. Said property is further described in the Legal Description attached to Preliminary Report number 98310098 from Chicago Title Company. A copy of said Preliminary Report is attached hereto as Exhibit "A" and incorporated herein by this reference. Said property is to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances shall hereinafter be called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Eight Hundred Thousand and No/100 Dollars ($800,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. Purchase Agreement Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 12 herein, an escrow shall be opened at Chicago Title Company, 5671 Santa Teresa Blvd., Suite 206, San Jose, CA 95123 (408) 972-7016 (Escrow number 98310098) or other title company acceptable to District and Seller(hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder, provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: A. The time provided for in the escrow for the close thereof shall be on or before June 30, 2010 provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. B. Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. C. Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". D. District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Seven Hundred Ninety Five Thousand and No/100 Dollars ($795,000.00) which is the balance of the Purchase Price of$800,000.00 as specified in Section 2. The balance of$5,000.00 is paid into escrow in accordance with Section 12 of this Agreement. E. Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Purchase Agreement Page 3 Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. F. Seller shall cause Chicago Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $800,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) exceptions 4 and 10 as listed in the Preliminary Report dated April 1, 2010 (Exhibit A), and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. G. Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3.E.), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed. 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following Purchase Agreement Page 4 representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. A. Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. B. Valid and Binding Agreements, This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. C. Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. As-Is Purchase and Sale. This sale is made without representation or warranty by Seller, except as expressly set forth in this Agreement. District represents, warrants, acknowledges and agrees that it has had full and ample opportunity prior to the execution of this Agreement to investigate the Property including, but not limited to, the physical condition thereof; the presence, absence or condition of improvements thereon; and that District shall purchase the Property AS-IS WITH ALL FAULTS. 9. Hazardous Waste. A. Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. I Purchase Agreement Page 5 The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act(42 U.S.C. Section 6901 et seq.) B. Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) To Seller's knowledge the Property does not contain and has not previously contained any Hazardous Waste or underground storage tanks, and no Hazardous Waste has been or is being used, manufactured, handled, generated, stored,treated, discharged, present, buried or disposed of on, under or about the Property, or transported to or from the Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing; (ii) Seller has not received any notice and Seller has no actual knowledge that any private person or governmental authority or administrative agency or any employee or agent thereof has determined, alleged or commenced or threatened to commence any litigation, or other proceedings, to determine that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste, nor has Seller received any communication from any such person or governmental agency or authority concerning any such matters. C. Indemnity. Seller shall indemnify, defend and hold harmless District from and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District, including without limitation, attorney, engineering and other professional or expert fees, to the extent arising from any breach of the warranties or representations contained herein. 10. Waiver of Relocation Benefits and Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive certain relocation benefits and the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42 U.S.C. '4601 et seq.), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may have to any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted there under and to any other compensation, except as provided in this Agreement. Seller has been advised as to the extent and availability of such benefits, procedures, Purchase Agreement Page 6 notice periods, and assistance, and freely and knowingly waives such claims, rights and notice periods except as set forth in this Agreement, including the fair market value of said Property, as provided for by said Federal Law and any similar California Law. 11. Miscellaneous Provisions. A. Access for Investigations._ From the date Seller delivers an executed copy of this Purchase Agreement to District and until the Closing, District and District' s agents, lender, contractors, engineers, consultants, employees, subcontractors and other representatives (the "District Parties") may, upon the giving of reasonable advance written notice to Seller, enter upon the Property for the purpose of inspecting, testing and evaluating the same; provided, however, that District may not perform any work on the Property without Seller' s prior written consent, which shall not be unreasonably withheld or delayed and further provided that District shall give Seller at least 24 hours prior notice of each proposed entry by District. District shall indemnify,protect, defend and hold Seller free and harmless from and against any and all claims, actions, causes of action, suits, proceedings, costs, expenses (including, without limitation, reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of District Parties while upon the Property prior to the Closing; provided, however, the foregoing indemnity shall not cover or include any claims, damages or liens resulting from District's discovery of any Hazardous Waste or other pre-existing adverse conditions pursuant to its inspections, testing or evaluation. District's inspections shall be at District's sole expense. District shall repair any damage to the Property that may be caused by the District Parties while on the Property performing its inspections. B. Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. C. Attorneys' s. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action, proceeding or arbitration instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action, proceeding or arbitration goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. D. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the II Purchase Agreement Page 7 covenants contained in this Agreement or the performance of any obligations of the other party; or(iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. The General Manager is authorized to agree to an extension of the time for the performance of any obligations on the part of District or Seller pursuant to this Agreement, and to take any actions and execute any documents necessary or appropriate to closing escrow and completing this conveyance, including execution of any documents which may allow Seller to accomplish a tax deferred exchange of property as permitted by law; provided, however that the District shall not take title to any third party property other than the Subject Property. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. E. Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. F. Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement(or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Tom Tong Chen and Nancy Pei-Shing Chen c/o Gary Beck, John Motter Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 FAX (408) 927-0225 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: Steve Abhors, General Manager Telephone: (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Purchase Agreement Page 8 Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. G. Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. H. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. I. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. J. Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. K. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. L. Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. Purchase Agreement Page 9 M. Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. N. Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. O. Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. P. Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. Q. Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. R. Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement or the performance or breach thereof, the parties agree first to participate in non- binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq. including the right of discovery. Hearings shall be held in Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE ARBITRATION i Purchase Agreement Page 10 OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL DISTRICT INITIAL 12. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before May 19, 2010, District shall have until midnight June 9, 2010 to accept and execute this Agreement, and during said period this instrument shall constitute an option and irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Said offer shall remain irrevocable during this period without the necessity of execution and acceptance of this Purchase Agreement by District. As consideration for said irrevocable option, District has paid into escrow and Seller acknowledges deposit into escrow of the sum of Five Thousand Dollars and No/100 ($5,000.00) ("Option Consideration"), which shall be applied upon the close of escrow to the Purchase Price as set forth in Section 2 hereof. If escrow fails to close due to any material breach of this Agreement by District, Seller may retain the Option Consideration. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase A Agreement Page 1 I g IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: President, Board of Directors Tom Tong Chen Date Date ATTEST: District Clerk Nancy Pei-Shing Chen Date: Date ACCEPTED FOR RECOMMENDATION Michael C. Williams, Real Property Manager APPROVED AS TO FORM: Susan M. Schectman, General Counsel RECOMMENDED FOR APPROVAL: Stephen E. Abbors, General Manager Visit Us on our Website: www.ctic.com Chicago Title Company ISSUING OFFrCE., 675 N. First Street,Suite 400•San Jose,CA 95112 FOR SEMEMEAMMQUMES,CONTACT.• Chicago Title Company-San Jose Almaden 5671 Santa Teresa Blvd.,Suite 206•San Jose,CA 95123 408 972-7016-FAX 408 365-9325 PRELIMINARY REPORT Amended Title Officer: Ruben Pinzon Title No.: 10-98310098-A-RP Escrow Officer: Laura Higgins Locate No.: CACT17743-7743-2983-0098310098 Escrow No.: 10-98310098-LH TO: John Motter Real Estate 7172 Anjou Creek Circle San Jose, CA 95120 ATTN: Gary Beck SHORT TERM RATE: No PROPERTY ADDRESS: 21680 Aldercrest Heights Road, Los Gatos,California EFFECTIVE DATE: April 1, 2010, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE as to Parcel(s) One; AN EASEMENT more fully described below as to Parcel(s)Two 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Tom Tong Chen and Nancy Pei-Shing Chen, husband and wife, as joint tenants 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF RK\RG 02/01/2010 CLTA Preliminary Report Form-Modified(11/17(06) Title No. 10-98310098-A-RP Locate No. CACT17743-7743-2983-0098310098 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Parcel One: That certain 145.43 acre of land, part of the Southwest quarter of Section 10 and part of the Northwest 1/4 of the Northwest 1/4 of Section 15,Township 9 South Range, 1 West, being the same property conveyed by San Jose Water Company,a Corporation to Josephine Mineo by deed dated August 21, 1897 and recorded in Book 200 of Deeds, page 572, in the office of the County Recorder of Santa Clara County, California. Excepting therefrom that certain triangular piece of land across the county road from the above described property, which triangular piece contains about three (3) acre, more or less this being all the land located South and lying between the Los Gatos and Wrights Road and the railroad track. Also excepting therefrom that portion granted to San Jose Water Works, by deed recorded June 18, 1963 in Book 6068, page 257 and being more particularly described as follows: Beginning at a 4"x 4"white post marked WPS S. 10 S. 15.T.9 S. R. 1 W. and set in the southern edge of the travelled track of the wrights Station Road at a point North 10 West 1.29 chains from the corner to Section 9, 10, 16, 15,Township 9 South Range 1 West,Mount Diablo Meridian and from which corner a live oak 3 inches in diameter marked B.TS 9 bears South 23 1/21 West 17 links,and a live oak 3 inches in diameter marked BTS 10 bears South 75 1/40 West 44 1/2 links and running thence along the centerline of said Wrights Station Road as at present travelled and as shown on a Map of Surveys made in Sections 10 and 15 Township 9 South, Range 1 West for the San Jose water Company, in August 1897 by Herrmann Bros., Suveyors ad C.E. San Jose, California and recorded in Volume F1 of Maps, page 12, in the office of the County Recorder of Santa Clara County, California with the following courses and distances: North 84054' East 0.69 chains to station; South 31011' East 1.20 chains to station, South 73141' East 1.64 chains to station SL264, as shown on said map at the point of intersection of said centerline of said road with the south line of said Section 10, from which point a Madrone 5 inches in diameter bears South it 3/40 West 241/2 links and a live Oak 15 inches in diameter bears South 41 1/20 West 31 links;thence along said section line South 8805' East 12.46 chains to a 4"x 4" white post marked S 10 S 15 S.J.W. Co. and standing on brushy point in the South line of section 10 and distant North 8805' West 4.22 1/2 chains from the established 1/8 Section corner in the south line of the Southwest 1/4 of said Section 10;thence leaving said section line and running along the northern edge of that part marked on said map as "reservoir site" with the following courses and distances; North 21°East 0.95 chains to stake WR6, North 250 West 0.95 chains to stake WR7, North 52 1/20 West 1.85 chains to stake WR8 from which a live oak 4 inches in diameter marked BT WR8 bears South 89 3/40 East 54 links, North 570 East 0.80 chains to stake WR9, North 19 1/20 East 1.34 chains to stake WR10, South 370 east 1.47 chains to stake WR11, South 54 3/41 East 0.80 chains to stake WR12, South 74130' East 2.07 chains to stake WR13, form which alive oak 8 inches in diameter marked BTWR 13 bears South 49 1/40 West 24 links North 38 1/20 East 1.17 chains to stake WR14, North 9 1120 East 1.66 chains to stake WR15, North 50 East 1.34 chains to stake WR16,from which a sycamore 23 inches in diameter marked BTWR16 bears South 44 1/20 East 54 1/4 links, North 790 East 0.34 chains to stake WR17, South 31 1/20 East 0.86 chains to stake WR18,South 28 1/20 East 0.96 chains to stake WR19,from which a live oak 12 inches in diameter marked BTWR19 bears North 79 1/20 West 50 links,South 520 East 0.77 chains to stake WR20,South 91 east 1.13 chains to stake WR21,North 740 East 1.71 chains to stake WR22, North 45 1/20 East 1.12 chains to stake WR23, North 380 East 1.80 chains to stake WR24, North 27 1/20 East 1.60 chains to stake WR25, North 62 3/40 East 0.50 chains to stake WR26,at a redwood 16 inches in diameter marked WR26, and being the most northern redwood of the group of redwoods now growing and standing in the gulch that passes to the west of the Combatalada House,South 36 3/41 East 0.98 chains to stake WR27, South 42 1/20 East 1.67 chains to stake WR28, South 750 east 1.05 chains to stake WR29, North 79 3/41 East 6.64 chains to stake WR30, South 84 3/4 East 2.81 chains to stake WR31, as shown on said map and standing at the northeastern most corner of said "reservoir site" in the 1/4 section line running North and South through said section 10 at a point distant North 0013' East 7.89 chains from the established 1/4 section corner in the South line of said Section 10,and from which stake WR31 a live oak 16 inches in diameter bears North 250 West 14 1/2 links and a live oak 17 inches in diameter bears South 831 East 8 2/10 links, both being marked BTWR31;thence along said 1/4 section line running North and South through said Section 10, North 0013'east 300 feet, more or less to a point which bears North 10 West along 2 CLTA Preliminary Report Form-Modified(11/17/06) EXHIBIT"A"(continued) Title No. 10-98310098-A-RP Locate No. CACT17743-7743-2983-0098310098 the dividing line between said Sections 9 and 10 for a distance of 269.00 feet,South 831105' East and parallel with the dividing line between said Sections 10 and 15 for a distance of 990.00 feet, North 11 West and parallel with the dividing line between said Sections 9 and 10 for a distance of 495.00 feet and South 88005' East and parallel with the said dividing line between Sections 10 and 15 for a distance of 1650.00 feet from the said point of beginning;thence North 88105'West and parallel with the said dividing line between Sections 10 and 15 for a distance of 1650 feet, South 10 East and parallel with the said dividing line between Sections 9 and 10 for a distance of 495.00 feet,North 88005'West and parallel with the said dividing line between Sections 10 and 15 for a distance of 990.00 feet to a point in the said dividing line between Sections 9 and 10 and South 10 East along said last mentioned line 260.00 feet to the point of beginning. Also excepting therefrom that portion granted to George J. Sullwold, Jr. by deed recorded May 15, 1967 in Book 7721, page 215 and being more particularly described as follows: Beginning at the southeasterly corner of the Lot 126 as said lot is shown upon that certain Map entitled,"Map of Stewart's Addition No.3 to Aldercrofts Heights",which map was filed for record in the office of the Recorder of the County of Santa Clara, state of California on April 15, 1929 in Book X of Maps, at pages 34 and 35; thence from said point of beginning South 79013' East 15.0 feet; thence North 25000'20" East 159.50 feet; thence North 51015'West 107.92 feet to the easterly line of said map;thence southerly along said easterly line South 0033' East 209.3 feet to the point of beginning. Parcel Two: The right to use the existing road over the 23.60 acre parcel of land granted to San Jose Water Works for access to and from the remaining property of Harold Chase Adair and Valora Adair, as reserved in the Deed from Harold Chase Adair; et ux to San Jose Water Works recorded June 18, 1963 in Book 6068, page 257, Official Records. NOTE: Parcel Two herein described is being included so as to avoid Chicago Title being the cause of excluding it from conveyances.Said parcel is not insured even though it may be included as part of the legal description of the land described in any policy. APN: 558-30-010 I 3 CLTA Preliminary Report Form-Modified(11/17/D6) � � � Title No. Locate No. 10098 ATTHE DATE HEREOF, 8TO BE CONSIDERED AND EXCEPTIONS T0 COVERAGE 8N ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS � FOLLOWS: 1. Property taxes,which are a lien not yet due and payable, including any assessments collected with taxes tnbe levied for the fiscal year 2010-2O11. � 2. Special Tax for Santa Clara County Library District 3oint Powers Authority Community Facilities District No. 2005-1, under the Mello-Roos Community Facilities Act of 1982 as disclosed by a Notice of Special Tax Lien Recorded]une24, 20OS, Instrument No. 18438576,Uffida| Records, payable incontinuing installments collected with the real property taxes. 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. � 4. Rights of the public as to any portion of the land lying within any and existing roads. S. The requirement that the parties to be insured herein acknowledge in writing thay they understand that noinsurance will be issued herein as to Parcel Two of the legal description, notwithstanding the fact that said parcel may be included in the legal description of the policy to be issued. 6. Any consequence of claims or allegations that the location and dimensions of the land herein described cannot bc determined with certainty. � 7. Notwithstanding the text of the description nfthe land described in Schedule'YV'herein,this company makes no representation and give no assurance as to the acreage referred to therein, � S. ^��� ��0���m���� �en���� �� ��e�es�i�� ofa �o�ionu� ora||u� suk� |andvvhichrightsarenot � . ' � disclosed by the public record. � This Company will require, for review, a full and complete copy ofany unrecorded agreement, contract, license and/or lease,together with all supplements,assignments and amendments thereto, � before issuing any policy of title insurance without excepting this item from coverage.The Company � reserves the right to except additional items and/or make additional requirements after reviewing said � documents. � � 9. Any easements not disclosed by those public records which impart constructive notice as to matters affecting title to real property and which are not visible and apparent from an inspection of the � surface of said land. � 10. Water rights,claims mr title tm water, whether or not disclosed by the public records. � 11. The herein referred to property appears to be free and clear of any Deeds of Trust or Mortgages. Please confirm if this is the case. � 4 � cov Preliminary Report Form'Modified(`vo/0o � ITEMS: (continued) Title No. 10-98310098-A-RP Locate No. CACT17743-7743-2983-0098310098 12. "If an Alta Policy is requested, this Company will require an Inspection prior to the Close of Escrow." 13. We find various Liens and Judgments,that are of record against persons with similar or the same name as that of our vestee(s)shown herein. In order to complete this report,this Company requires a Statement of Information to be provided for the following vestee(s),which may allow and assist elimination of some or all of said Liens and Judgments.After review of the requested Statement(s)of Information, the Company reserves the right to add additional items or make further requirements prior to the issuance of any Policy of Title Insurance. Vestee(s): Thomas Chen END OF ITEMS Note 1. The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the herein described property. Note 2. The application for title insurance was placed by reference to only a street address or tax identification number. Based on our records,we believe that the description in this report covers the parcel requested, however, if the legal description is incorrect a new report must be prepared. If the legal description is incorrect, in order to prevent delays, the seller/buyer/borrower must provide the Company and/or the settlement agent with the correct legal description intended to be the subject of this transaction. Note 3. There are NO deeds affecting said land, recorded within twenty-four(24)months of the date of this report. Note 4. Effective March 1, 1979,there will be an additional$10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. 5 CLTA Preliminary Report Form-Modified(11/17/06) NOTES: continued Title No. 10-98310098-A-RP Locate No. CACT17743-7743-2983-0098310098 Note 5. If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested,the policy,when approved for issuance,will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer; or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Note 6. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: Tax Identification No.: 558-30-010 Fiscal Year: 2009 - 2010 1st Installment: $958.03 2nd Installment: $958.03 Note 7. NOTE: If exception No. 6 shown herein is to be eliminated this company will require a legal description prepared by a civil engineer which is acceptable and approved by this company to be added to the legal description shown in Exhibit"A"of this report. 6 CLTA Preliminary Report Form-Modified(11/17/06) I NOTES: (continued) Title No. Locate No. CACT17743 10098 Note 8. Ifacounty recorder, title insurance company,escrow company, real estate broker, real estate agent or association provides a copy ofa declaration, governing document or deed to any person,California law requires that the document provided shall include a statement regarding � any unlawful restrictions. Said statement istobeina1 least 14-point bold face type and may be stamped on the first page nf any document provided or included asa cover page attached to the requested document. Should a party to this transaction request copy of any document reported herein that fits this category,the statement is to be included in the manner described. � Note9. Wiring instructions for Chicago Title Company, San Jose, CA, one as follows: Receiving Bank: Bank ofAmerica 275 Valencia Blvd, 2ndFloor Brea, CA92823-634O ABA Routing No.: 026009593 Credit Account Name: Chicago Title Company - San lose Almaden 5671 Santa Teresa 8|vd, Suite 2O6, San Jose, CA9S12] Credit Account No.: 12353-81969 Escrow No.: 10-98310098-LH These wiring instructions are for this specific transaction involving the Title Department of the San lose offioc of Chicago Title Company. Those instructions therefore should not be used in other transactions without first verifying the information with our accounting department. Itis imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt offunds. Note 10. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, on authorized employee of the insured lender, or by using Bancsery or other approved third-party service. If the above requirements cannot be met, please on|| the company at the number provided in this report. � END OF NOTES � � � � � 7 coA Preliminary Report Form m"m^edumrmw O F F I C E O F C O U N T Y A S S E S S O R S A H T A C L A R A C O U N T Y, C A L I F O R N 1 A _ $_ A58 t30 4 53 � l I 4 3 9 b 20 AC 40 AC 4040 M- s e0� 0 650 K 55.00 AC VWA .� G R0. L y � 9 ac y I 9 7 4 PIQas !3 TWP 9 S-R I W 77Yis is not a suwey of the land and is insepW O 31 as a mmlter of info, fion only,and while the same is compiled from informm6on we believe to be comic;no liability is annmed by Fideliq National Title Croup as to the r--" l0 aonwftms of said infomsauion. ,uaueeesr Meiowrs W.73 K- 4, STEVVAR"TS AUOiT-N PCL.B 23.59 Ar-OR. 1, ddddJJJJ : P. W1. 350-iW- 28 � ri ice'„• � { " � @ WT s .,•K L ,p•�n Qg� >s.n u. a p it 25 taro++n anfwmv ce.m xc M7 a1 he R.h T.oae Fa m>wnmmt V pmn aNT. Eftxthv F.p7M Y-1999-2000 ILAwRENCE E.STONE-ASSESSOR i Midpeninsula Regional j ' ! Open Space District R-10-61 Meeting 10-15 June 9, 2010 AGENDA ITEM 6 AGENDA ITEM Award of Contract with TKO General Engineering and Construction Inc., for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with TKO General Engineering and Construction Inc., for the bid amount of$44,500 plus a 20% contingency for a total amount not to exceed$53,400 for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve. SUMMARY The Request for Bids for the Pond DR06 Repair Project was released on April 28 2010. Four q � J P I Bid Proposals were received and opened on Friday, May 28, 2010. Evaluation of the bids revealed that the apparent low bidder presented a complete and responsive bid package, therefore, staff recommends awarding the contract for pond repair services to TKO General Engineering and Construction Inc., for the total amount of$53,400, which includes a contingency amount of$8,900. The FY2010-11 budget for implementation of this Project is $86,000. DISCUSSION Background Repair of the failing Pond DR06 was first identified in the Pond Management Plan prepared by Vollmar Consulting in 2009 for the Former Wool Ranch portion of La Honda Creek Open Space Preserve. In fact,this project received an"urgent"priority rating for implementation based on water leaking actively through the earthen berm. The repair project includes the following major tasks: 1. Replace the eroding spillway with a new outlet culvert and drop inlet structure to re-route stormwater back into the primary drainage channel; 2. Improve the existing spillway to provide a secondary outlet for increased stormwater discharge during extremely large storm events; R-10-67 Page 2 3. Install an energy dissipater at the end of the outlet culvert; 4. Install a clay liner in the pond to increase ponding duration; 5. Rebuild the eroding earthen berm to provide long-term berm stability; 6. Re-contour the pond to provide improved habitat for California red legged frog; 7. Remove non-native, invasive vegetation and re-vegetating disturbed areas after construction. Staff has completed the construction repair documents and obtained all necessary permits for this project. The project engineer is also under contract to conduct construction inspections and complete the necessary sign-off as required by San Mateo County. Contractor Selection The bidding process commenced on April 28, 2010. Bid packages were sent to eight(8)local contractors and five(5)builders' exchanges. A legal notice was posted in the Half Moon Bay Review and San Mateo County Times and an Invitation to Bid was posted on the District website. A mandatory pre-bid meeting was held on May 12, 2010, and was attended by ten(10) contractors. Sealed bids were due on May 28, 2010 and four(4)bids were received as shown below, with TKO General Engineering and Construction Inc., announced as the apparent low bidder: Bidder Location Total Bid Percent Difference from Cost Estimate of$60,000 1. TKO Construction Woodside, CA $44,500 -26% 2. Gecko Golf Dublin, CA $52,500 -13% 3. Conley General Santa Cruz, CA $67,000 +12% 4. Andreini Bros. Half Moon Bay,CA $73,250 +22% The project's objective is to restore the integrity of an important water storage landscape feature, which provides improved habitat for the federally-listed California red-legged frog. Project construction is scheduled for completion by October 2010. FISCAL IMPACT On March 24, 2010, the Board approved the FY2010-11 Planning Department budget, which a included $86,000 for this project(see Report R-10-53). PUBLIC NOTICE Public notice for the award of bid was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Awarding the bid and issuing a contract agreement for construction services for the Pond DR06 repair project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Pond DR06 Repair project that was approved by the Board on September 23, 2009 (see Report R-09-108). R-10-67 Page 3 NEXT STEPS If approved by the Board, the General Manager will authorize TKO General Engineering and Construction Inc., to perform construction services for the Pond DR06 repair, which is scheduled to occur over a three to four week period between June and October 2010. b Prepared : p Y Julie Andersen, Resource Planner Contact person: Same as above f i Midpeninsula Regional open Space District R-10-72 Meeting 10-15 June 9, 2010 AGENDA ITEM 7 AGENDA ITEM Year-End Review of the FY2009-10 Budget. GENERAL MANAGER'S RECOMMENDATION C� Accept the Year-End Review of the FY2009-1 0 Budget. SUMMARY Final expenditures for FY2009-10 totaled $39,463,982 or 90.32% of the midyear budget. Operating expenditures totaled $13,045,582 or 95.44% of the midyear budget and 1.56% under the projected spending ceiling of 97%. Tax revenue for FY2009-1 0 increased by $19,594 from $27,611,000 at the midyear to $27,630,594. The increase in tax revenues and under spending of the operating budget ensured that the Operating Expense Guideline was well below 50%at 47.21%. DISCUSSION The FY2009-1 0 Budget, for the period April 1, 2009 to March 31, 2010, was adopted by the Board at the March 25, 2009 (Reports R-09-42 and R-09-45) regular meeting. This was the first fiscal year where the Action Plan and the Budget referenced each other. Consequently, as the District is currently reviewing FY2009-10 Action Plan, it makes sense to review the actual expenditures for FY2009-1 0 at the same time. Routinely, in past years, the actual expenses were reviewed with the Administration and Budget Committee (ABC) during the midyear budget process. Total expenditures for FY2009-1 0 totaled $39,463,982 or 90.32%of the midyear budget. Operating expenditures totaled $13,045,582 or 95.44% of the midyear budget. Further information on the actual expenditures for FY2009-1 0 is detailed in Attachment I —Budget Analysis, Operating and Non- Operating Expenses. R-10-72 Page 2 I Table 1 — FY2009-10 District Budget District Budget Midyear Actual Actual Expenses vs. Operating Expense Budget Expenses Mid Year Guideline Salaries& Benefits $10,169,152 $9,971,151 98.05% $27,630,594 Services& Supplies $3,080,198 $2,763,109 89.71% Fixed Assets $419,439 $311,321 74.20% Total Operating $13,668,935 $13,045,582 95.44% 47.21% Budget Fixed Assets $1,827,729 $1,109,878 60.72% Land Purchases $20,378,775 $17,489,603 85.82% Debt Service $7,818,920 $7,818,920 100.00% Total Budget $43,694,359 $39,463,982 90.32% When budgeting for FY2009-10, the District Controller recommended that the District assume the actual operating expenditures for that year would be 97%. The final numbers for actual expenditures in the operating budget indicate that the District spent 95.44% or 1.56% under the projected spending goal. Tax revenue for FY2009-10 increased by $19,594 from $27,611,000 at midyear to $27,630,594. The increase in tax revenues and under spending of the operating budget combined to keep the Operating Expense Guideline well below 50% at 47.21%. The Operating Expense Guideline suggests that operating expenses should be at or below 50% of tax revenues. Based on his analysis of the District long-term financial model, the District Controller suggests that this guideline should be increased to 51% for fiscal year 2011-2012. The ABC will be evaluating the Operating Expense Guideline later this summer. Past Budget Performance Comparing the FY2009-10 budget performance to FY2008-09, please reference the table below: Table 2—Past Budget Performance District Budget FY2008-09 FY2008-09 Percentage FY2009-10 FY2009-10 Percentage Budget Actuals Sent Budget Actuals Sent Operating Budget $12,995,651 $12,437,605 95.71% $13,688,935 $13,045,582 95.44% Total Budget $60 492 336 $49 384,390 81.64% $43,694,359 $39,463,982 90.32% The operating budget was larger for FY2009-10 compared to FY2008-09, but the actual spending percentage was slightly lower in FY2009-10 at 95.44% versus 95.71% in FY2008-09. Comparing the total District budget for between FY2009-10 and FY2008-09, the spending percentage was higher in FY2009-10 at 90.32% versus 81.64% in FY2008-09. Even though the percentage spent is higher, it is a j higher percentage of a smaller budget. Overall, District spending for FY2009-10 met guidelines and was within the adopted midyear budget. Please see Attachment 1 —Budget Analysis, Operating and Non-Operating Expenses and Attachment 2— 5-Year Actual Expenditure Analysis for detailed information on past District spending. Salaries and Benefits Due to the current economic downturn, District staff turnover has been unusually low and all departments, with the exception of Administration and Planning, are consequently fully staffed. Many i i R-10-72 Page 3 staff members are taking vacation cash outs as additional income and temporary staff is claiming unemployment benefits as they encounter difficulty finding outside employment between their annual tours with the District. The department mostly affected by these trends is Operations as they have the largest temporary staff and many of their staff are cashing out on vacation in lieu of taking time off. The District expects these trends to continue until the economy improves in the next year or two. Capital Improvements Budget Capital Improvement Projects are major, nonrecurring expenditures that improve the value of the land and typically involve planning, design, environmental review, permitting, and construction to complete. Given the complexity of these projects, accurate scoping, scheduling, and budget is difficult. This has led to only 50-55% spending of the Planning Department's capital improvement budget in past years. In FY2009-10, emphasis was placed on creating an action plan that more accurately took into account the uncertainties of these projects and addressed the highest priority needs of the District. In FY2009-10, spending for Planning's capital improvement projects increased to 60%, indicating positive progress in the ability of the Planning Department to fine tune their action plan and capital improvements budget. The spending goal for the capital improvements budget, given the vagaries of project management in an open space environment, should be 70-75% spent over the next several budget years. The Planning Department's FY2009-10 capital improvement budget met the Capital Improvement Program (CIP) Budget & Guideline and continues to do so in FY2010-11. FISCAL IMPACT The Year-End review of the FY2009-10 budget has no fiscal impact on the FY2010-11 budget. PUBLIC NOTICE w Act. No additional notice is required. Public notice was provided as required by the Brown q CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEP Ensure that FY2010-11 overall District spending does not exceed budget. I Attachments: 1. Budget Analysis, Operating and Non-Operating Expenses 2. 5-year Actual Expenditures Analysis Prepared by: Elaina Cuzick, Acting Principal Management Analyst Gordon Baillie, Acting Principal Management Analyst Lynn Tottori, Senior Management Analyst Anna Duong, Deputy District Clerk Kristi Britt, Public Affairs Specialist Meredith Manning, Senior Planner Kirk Lennington, Senior Resource Planner David Sanguinetti, Operations Manager R-10-72 Page 4 Ana Ruiz, Planning Manager Mike Williams, Real Property Manager Rudy Jurgensen, Public Affairs Manager Sue Schectman, General Counsel Bunny Congdon, Senior Accounting Specialist Annetta Speigel, Acting Administration and Human Resources Manager I I i Budget Analysis,Operating and Non-Operating Expenses Budget Analysis 2008-09 Actual 2009-2010 Actual 2008-2009 Actual Expenses 2009-10 2009-2010 Actual Expenses Mid Year Expenses vs.Mid Year Adopted Mid Year Expenses vs.Mid Year Program32 4Salaries+Benefits 1,222,850 1,167,317 95.46% 1,323,405 1,361,920 1,189,378 87,33% Program 32 Services+Supplies 79,775 55,954 70.14% 66,527 64,358 38,712 60.15% °!° SUBTOTAL,Operating Expenses 1,302,625 1,223,271 93.91% 1,389,932 1,426,278 1,228,089 86.10 Pro ram 32 Fixed Assets 0 0 7,000 6,500 6,295 96 85% g Program 37 Coastside/Mt.Umunuhum 10 000 9,493 94.93% 0 0 8,518 Program 36 Planning Projects 312,000 211,327 67,73% 406,900 287,900 203,028 70 52% 'Program 35 Staff Facilities 846,800 252,023 29,76% 915,000 470,000 314,131 66.84% Program 34 Public Facilities/FEMA 888,100 625,664 70.45% 687,600 460,715 260,620 56.57% Program 38 ,Unanticipated CIP 25,000 22,313 89.25% 25,000 25,000 15,058 60.23% TOTAL,All Ex enses 3,384,625 2,344,091 69.26% 3,431,4321 2,676,393 2,036,739 76.06% Salaries+Benefits 5,282,181 5,178,748 98.04% 5,672,089 5,714,862 5,733,170 100.32% Services+Supplies 2,004,718 1,678,335 83.72% 1,825,981 1,868,445 1,752,535 93.80% Fixed Assets 443,500 418,439 94.35% 438,960 419,585 311,321 74.20% SUBTOTAL,Operating Expenses 7,730,399 7,276,522 94.12% 7,937,030 8,002,892 7,797,026 97.43% Special Projects 100,000 42,934 42.93% 950,000 350,000 86,826 24.81% TOTAL,All Expenses 7,830,399 7,318,466 93.46% 8,887,030 8,362,892 7,883,862 94.38% Salaries+Benefits 715,598 704,940 98.51% 774,611 792,186 783,580 98.91% 1 Services+Supplies 405,605 377,638 93.10% 363,750 367,650 329.722 89.68% SUBTOTAL,Operating Expenses 1,121,203 1,082,678 96.56% 1,138,361 1,169,836 1,113,302 95.99% TOTAL,All Expenses 1,121,203 1,082,678 96.56% 1,138,361 1,159,836 1,113,302 95.99% Salaries+Benefits 472,599 450643 95.35% 528,141 535,168 535,132 99.99% Services+Supplies 188,175 114,543 60.87% 198,350 184,250 107,561 58.38% SUBTOTAL,Operating Expenses 660,774 666,186 85.63% 726,491 719,418 642,692 89.34% Property Management 135,607 129,875 95,77% 142,027 152,614 143,665 94,14% Debt 7,587,704 7,587,704 100.00% 7,818,920 7,818,920 7,818,920 100.00% Land+Ass,Costs 37,591,474 28,065,452 74.66% 20,378,775 20,378,775 17,489,603 85,82% TOTAL,All Ex i penses 45,975,659 36,348,217 79.06% 29,066,213 29,069,727 26,094,880 89.77% Salaries+Benefits 1,528,553 1,652,076 108.08% 1,700,360 1,765,016 1,729,892 98.01% Services+Supplies 652,097 638,972 97.99% 607,826 595,495 534,580 89.77% SUBTOTAL,Operating Expenses 2,180,660 2,291,048 106.06% 2,308,186 2,360,611 2,264,472 95.93% Fixed Assets 0 0 110,000 75,000 71,736 95.65% TOTAL,All Expenses 2,180,660 2,291,048 106.06% 2,418,186 2,435,611 2,336,208 96.92% Operating Budget 12,995,661 12,437,605 96.71%1 13,500,000 13,668,936 13,045,682 95.44% Property Management 135,607 _ 129,875 95.77% 142,027 152,614 143,665 94.14% Unanticipated CIP 25,000 22,313 89.25% 25,000 25,000 15,058 60.23% l Public Access Facilities 888,100 625,664 70 45% 687,600 460,715 260,620 56.57% Staff Facilities 846,800 252,023 29 76% 915,000 470,000 314,131 66.84% Planning Projects 312,000 211,327 67.73% 406,900 287,900 203,028 70 52% Coastside/Mt.Umunhum 10,000 9,493 94.93% 0 0 8,518 Special Projects 100,000 42,934 42.93% 1,067 000 431 500 164,858 38.21% Amount outside of Operating Budget 2,317,607 1,293,629 55.82% 3,243,627 1,827,729 1,109,878 60.72% Salaries and Benefits 9,221,781 9,153,724 99.26% 9,998,606 10,169,152 9,971,151 9805% Services and Supplies 3,330,370 2,865,442 86.04% 3,062,434 3,080,198 2,763 109 89 71°% _ _ Fixed.A_ssets 443,500 418,439 94,35% 438,960 419,585 311,321 74.20% Subtotal{Operating Budget} _ _ _ I 12,995,661 12,437,606 _ 95.71% 13,500,000 13_668,935 13,046,582 _ 95.44% — — —.............................— — _ Total Outside O�eratin�Budset �_- 2,317,507 _1.2_93,629 _ 55.82°/ 3,243,527 _1_827,729 _1_109,87_8 _ _60.72' Subtotal(Full Operating Budget} _ _ _ _ �_ 15,313,158 13,7_31,234 _-_89.67% _16,743,527 _15,496,664 _14_155,45_9 _ — — — Debt _7,587,704 7_587,704 100.00% _7,818,920 _7,818,920 _7,818,920 _ 10a.00% _ _ _ _ _ Subtotal(in_clu_des D_ebt) _ _ _ _ _ _ _ _12,900,8_62 _21_31_8,938 __93.09% _24,5_62,447 _23,316,684 _21,9_74,379 _-_94.25% -Land+Assoc.Costs - 37,591 474 28 065,452 74.66% 20 378 775 20,378 775 17,489.603 85.82% District Budget Total 60,492,3361 49,384,3901 81.64% 44,941,2221 43,694,369 39,463,982 90.32% i 6/3/2010 i 5-Year Actual Expenditure Analysis 2005/2006 200512006 %Spent Actual Midyear Actuals Tax Revenue Salaries and Benefits 7,357,828 7,226,614 98.22% 20,140,640.49 Services&Supplies 2,696.123 2,205,504 81.80% Fixed Assets 345,500 292,541 84.67% Operating Budget 10,399,461 9,724,669 93.51% 48.28% Fixed Assets 21,197,025 10955793 51.69% Debt Service 6,961,814 6,724,305 96.59% Total Budget/Actuals 33,558,290 27,404,758 71.07% 2006/2007 2006/2007 %Spent Actual Mid ear Actuals Tax Revenue Salaries and Benefits 8,193,333 7,938,824 96.890 23,885,616.68 Services&Supplies... 3,276,228 2,643,763 80.70% Fixed Assets 381,000 310,329 81,45% Operating Budget 11,850 661 10 892,916 91.92% 45.60% Fixed Assets 32,317,529 42,964,595 132.95% Debt Service 7,162,230 6,615,653 92.37% Total Budget/Actuals 61,330,320 60,473,164 117.81% 2007/2008 200712008 %Spent Actual Midyear Actuals Tax Revenue Salaries and Benefits 9,020,456 8,593,980 95.27% 24,767,515.53 Services&Supplies 3,391,071 2,809,377 82.85% Fixed Assets 538,000 491,721 91.40% Operating Budget 12,949,527 11,895077 91.86% 48.03% Fixed Assets 30,666,600 1,898,894 6.19% Debt Service 7,418,089 7,418,089 100.00% Total Budget/Actuals 51,034,216 21,212,060 41.56% 2008/2009 2008/2009 %Spent Actual Mid ear Actuals Tax Revenue Salaries and Benefits 9,221,781 9,153,724 99.26% 26,350,721.30 Services-&Supplies 3,330,370 2,865,442 86.04% Fixed Assets 443,500 418,439 94.35% Operating Budget 12,996,651 12,437 605 95.71% 47.20% Fixed Assets 39,908,981 29,359,081 73.57 Debt Service 7,587,704 7,587,704 100.00% Total Budget/Actuals 60,492,336 49,384,390 81.64% 2009/2010 2009/2010 %Spent Actual Midyear Actuals Tax Revenue Salaries and Benefits 10,169,152 9,971,151 98.05% 27,630,694.00 Services&Supplies 3,080,198 2,763,109 89.71% Fixed Assets 419,585 311,321 74.20% Operating Budget 13,668 935 13 045,581 95.44% 47.21% Fixed Assets 22,206,504 18,599,481 83.76 Debt Service 7,818,920 7,818,920 100.00% Total Budget/Actuals 43,694,369 39,463,982 90.32% Midpeninsula Regional Open Space District R-10-70 Meeting 10-15 June 9, 2010 AGENDA ITEM 8 AGENDA ITEM Year-End Review of the FY2009-10 Action Plan. GENERAL MANAGER'S RECOMMENDATION Accept the Year-End Review of the FY2009-10 Action Plan. DISCUSSION The FY2009-1 0 Action Plan, for the period April 1, 2009 to March 31, 2010, was adopted by the Board at the March 25, 2009 (Report R-09-43)regular meeting. The Action Plan Year-End Review provides the Board with information on the status of each key project and, where needed, the reason(s) for variance from the anticipated schedule. The structure of this report is part of the ongoing process to improve the linkage between the Action Plan and the District's budget. It is provided in a format that is intended to clearly identify project progress and allocation of public funds for the public,the Board of Directors, and staff. FISCAL IMPACT The Year-End Review of the FY2009-10 Action Plan has no fiscal impact on the FY2009-10 budget, and merely reviews work performed and related allocation of funds. 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. I R-10-70 Page 2 NEXT STEPS Staff will continue to integrate the Budget and Action Plan and will also implement improvements to the process identified during the creation and management of the FY2009-10 Action Plan. Work will continue in FY2010-11 on projects that have been carried over from the FY2009-10 Action Plan. Attachments: FY2009-10 Action Plans Review Prepared by: Gordon Baillie, Acting Principal Management Analyst Elaina Cuzick, Acting Principal Management Analyst Lynn Tottori, Senior Management Analyst Anna Duong, Deputy District Clerk Kristi Britt, Public Affairs Specialist Meredith Manning, Senior Planner Kirk Lennington, Senior Resource Planner David Sanguinetti, Operations Manager Ana Ruiz, Acting Planning Manager Mike Williams, Real Property Manager Rudy Jurgensen, Public Affairs Manager I Administration 2009-10 Action Plan Review Completed Amount Project Name Project Scope YIN Reason for Variance Status/Schedule Budgeted 0 Research&Evaluate New 1 Scope and research purchase of a new integrated No Moved to FY10-11 Task completed: $12,000 Integrated Accounting, accounting,budget and finance software package to because Sr.Accounting -RFP developed. Budget and Finance replace Fundware system. Specialist was in the Review is in progress with Senior Management Analyst Software Package Phase 1 Acting Administration/HR and Legal -Create project team to evaluate Manager position. Estimated live implementation date:3131/2011. use/features/capabilities of existing Fundware software program. Detennin needs requirements for new software package including ability to track grant funding. Phase II -Retain consultant as project manager to research and recommend new software packages. -Research local government accounting/finance/budget software programs, potential vendors and cost. Prepare RFP that includes performance specifications and solicit bids from vendors. Phase III Review,evaluate,and rate proposals. Request vendors with top ranked proposals to provide on-site demos,including pilot trials of system workability and effectiveness. -Select top proposal and prepare vendor contract that states will be no additional charges workability modifications. -Recommend new software system to the Board and request approval to purchase the new system. Phase IV -Install,test,train and implement news stem. Phase IV Install,test,train and implement new system. Conduct pilot tests with designated end users before full implementation. Test under normal operating conditions and in environment for which system was designed. Transition old system with new one,using an approved transition plan. Administration-Page 1 of 8 Administration 2009-10 Action Plan Review Completed Amount Project Name a Project Scope YIN Reason for Variance Status/Schedule Budgeted Development and 1 Development of strategic plan will encompass- In progress Staff turnover led to a Tasks completed N/A Implementation of Districts 1.Design of the planning process change in project -Strategic planning discussions and Board workshop on Strategic Plan(Sandy 2.Development of plan structure and content management. strategic vision,goals and issues(05/2009). Sommer) 3.Development of system for measuring results -Formation of an 11-person Strategic Working Group against planned objectives (SWG)and a 3-person Ad Hoc Strategic Plan Committee 4.System for review and update of plan -Created draft vision and values statements with a 5.Data collection and analysis for District Master presentation to all staff in 3 workshops(12/2009). Plan/Regional Open Space Study(ROSS)Updates -Developed a strategic planning methodology(01- will occur in support of the strategic plan 03/2010) -Developed a Scope of Work(05/2010) Project will continue into FY10-11. Year-end Audit of Financial 1 Project scope includes: Yes Project Complete. $23,775 Services 1. Controller to obtain engagement letter from auditor. 2. Through-out the year compile,organize and collect relevant District documents needed by auditor. 3. Coordinate logistics of site visits by auditor staff and develop audit schedule. Respond to questions and requests for infomation or records by the firm during on-site visit. 4. Review preliminary draft report of year-end audit. 5. Follow-up on any issues of concern,clarification or interest. 6. Receive final report and management letter. Distribute to appropriate staff,Board members and interested parties. 7. Follow-up on recommendations in report and i management letter as necessary. Administration-Page 2 of 8 _ I Administration 2009-10 Action Plan Review Completed Amount Project Name Project Scope YIN Reason for Variance Status/Schedule :Budgeted L a Video Conferencing to FFO 1 Phase 1 Yes Project Complete(under budget). $30-$40,000 and SFO Field Offices -Research multiple conference systems for features, energy usage and efficiency and general pricing. -Find out what additional requirements the District must provide if needed. Solicit and invite vendors/contractors to bid on ro over 25K project if J ( ) Phase II Chose vendor and/or contractor Install and implement system Test system between all three offices I I Administration-Page 3 of 8 Administration 2009-10 Action Plan Review Completed Amount Project Name' o Project Scope YfN Reason for Variance Status/Schedule Budgeted n. x Replace Phone and Voice 1 Phase I Yes Project complete(reduced yearly phone service costs by— $35,000 Mail System -Audit phone service records to determine District 68%). service needs. -Set-up a mini-lab for testing and conducting a demonstration of phone systems. -Select either an in-house or third-party vendor solution. Phase II Go over audit of District phone service bills and records and adjust services as necessary or desired. Terminate and/or implement new services as required or desired. Seek competitive bids for phone service. -Seek competitive bids for phone service and purchase necessary hardware/software for phone system and network. Reuse existing telephone wire infrastructure in the building. -Start installation of new phone system and conduct a mini lab or beta test with end users. Collect input from users and work out bugs and implement changes and adjustments to new system. Phase III -Provide training on new phone and voice system. Recycle or sell old system. Administration-Page 4 of 8 Administration 2009-10 Action Plan Review Completed amount Project Name Project Scope Reason for Variance Status/Schedule,' Y/N Budgeted` a Prepare Report on Staff 1 Phase I In progress Lack of staff to dedicate Tasks completed: $0 Retention&Attraction -Evaluate and analyze responses and comments time. Focus groups completed to clarify survey input. Survey and Implement from survey. Spreadsheet developed to prioritize and track survey and Workplace Improvements -Management Team and staff to identify,discuss, focus group results. scope and recommend potential workplace Responses evaluated and analysis in progress. improvements to the Board. Implementation of improvements ongoing-benefits Phase II education complete,EAP visits raised from 6-8 per year; -Allocate resources(staff time and funding)for commuter check implemented;CalPERS 457 plan workplace improvements to Board. implemented,analysis of longevity pay increases -Implement improvements as approved and directed complete,research collected and collated from other by the Board and General Manager. agencies to compare benefits. Project will continue into FY10-11. Office Copiers 1 Phase 1 Yes $22,000 -Create project team(Administrative Assistant Team) Review current Ricoh-Lanier copier contracts Evaluate existing copier features,options,capacity, strengths,weaknesses and deficiencies. Phase 11 Research and identify copier needs,features, options and lease costs. -Prepare RFP and solicit bids from interested vendors. Phase III Review,evaluate and rate proposals. Narrow down vendor pool to top proposals and request on-site demos or field tours -Select top proposal and vendor. Recommend selection of vendor to Board. Request approval for new machines. Install,test and train staff on new machines. Administration-Page 5 of 8 i Administration 2009-10 Action Plan Review ' Completed Amount Project Name Project Scope YIN Reason for Variance Status/Schedule Budgeted L a District-wide Policies and 1 Phase I Yes Project complete. $500 Procedures Manual -Create project team(Administrative Assistant Team) -Locate all areas where District-wide policies and procedures manuals are stored. -Identify latest version of all District-wide and Board policies,procedures,rules,and regulations. -Review materials in existing manuals and determine policies,procedures,rules and regulations that are current,missing or require updating. Phase 11 Organize materials by topic sections Create master CD-based manual and one(1)paper- based manual(for back-up purposes). Purchase CDs and related supplies Make and distribute CD-based copies to each department field office and Board member. Store all District-wide policies,procedures,rules and regulations on District network shared drive for easy access by all departments and staff. Phase III -Regularly update the Policy and Procedures CD- based Manual as needed with the addition,deletion or modification of existing or new policies, procedures,rules and regulations. Create Virtual Private 1 Phase I In progress Waiting for approval of Task completed: $0 Network(VPN) Test VPN usage and evaluate user experience. Remote Access policy. Phase Increase current internet bandwidth if required. Draft District-wide VPN policy including high-level security measures such as password procedures, encryption and other protective safeguards. Phase 11 Review and approve VPN policy. Set-up District equipment/hardware for VPN access. Install security measures(password procedures, encryption,etc.)to protect District's network system and user equipment. Document and train District staff on how to use the system. Train staff on what to expect and what not to expect. Administration-Page 6 of 8 Administration 2009-10 Action Plan Review Amount Project Name Project Scope; YIN Completed Reason for Variance Statc�sfScheduie Buc�gtec� a Commuter Check Program 1 Under IRS code 132f,employees can put aside$230 Yes Project complete. $315 for transit costs and$230 for parking costs per month on a pre-tax basis. Our payroll administrators and Commuter Check Program administrators set-up payroll deductions and create an online profile for each participating employee. Employees elect their monthly withholding amount. HR Technician places the orders online and coordinates with payroll for bi- weekly deduction from employees'paychecks. Delivery is either as voucher or protected MasterCard. New Staff Orientation 2 Phase I Yes Project complete.(A power point presentation took place $2,000 Program -Review of required District,state and federal related of DVD.)All HR Benefits and Employment forms uploaded information and forms. onto S:drive. -Update employment forms and materials given to Field staff were given access and training to Si drive. new staff during orientation. -Add a new"health and safety"section regarding workplace health and safety rules,regulations and best practices. -Seek input,suggestions and ideas from departments to improve/enhance existing new staff orientation program. Phase II -Follow-up on suggestions and ideas from departments to incorporate into orientation program as appropriate and feasible. Create DVD presentation for District overview. Upon development and implementation of District- wide Intranet,create HR data components including online employment and benefit forms for easy access by all staff including field personnel. I I Administration-Page 7 of 8 I Administration 2009-10 Action Plan Review Completed Amount Project Name Project Scope , Reason for Variance SLatusiScheduFe Budgeted IN District-wide Intranet 2 Phase 1 In progress Lack of st time from Task completed: $0 Set-up test lab and demo various services. various depff tartments to Set-up test lab and demo various services Assign a group of users to test and provide devote to this. feedback of service. Phase II -Finalize choice and install intranet service(s)on a production environment. -Create a team of users from each department to i start populating the intranet with data. Phase III General roll-out of intranet to all employees. Performance Evaluation 3 Phase I No New performance Project transfered to FY10-11 Action Plan $0 Forms -Management Team to review updated performance evaluation forms were evaluation forms created in 2007-2008. created;however,GM -HR to make revision to performance evaluation wants a new performance forms and meet and confer with District Field evaluation process that Employee's Association. includes a direct Make final revisions to new forms. relationship to the action Phase II plan. HR to provide training to supervisors and managers on use of new forms and performance appraisal principles,methods and techniques. Implement new performance evaluation forms. III Administration-Page 8 of 8 i Administration-Legal 2009-10 Action Plan Review ' Completed Reason for: Amex nt Project Name Project Scope Status/Schedu'le YIN Variance . Budgeted a Stevens Creek Nature 1 Represent District interests in EPA,RWQCB,Navy In progress Agency and public Key Project in FY10-11 Action Plan. Represent District's N/A Study Area Site and NASA;attend public meetings as needed; process for interests in the remediation and reutilization of Moffet Remediation provide written District position and comment on remediation/reutilization Field,including the Stevens Creek Nature Study area and documents. still in progress. in interactions with Navy,NASA,RWQCB,EPA and Restoration Advisory Board,the public and elected officials. Ridge Vineyards Property 1 Draft transactional documents to accomplish fee and In progress Agreements,Easements, Key Project for FY 10-11.Transactional documents in See Real Exchange easement exchange and review environmental and Negative Declaration process;easement and fee exchange to be completed in Property document. still being finalized, Q3 and Q4. Department Negotiations regarding Budget terms still underway. Resolve Encroachment on 1 Provide legal advice and document preparation to In progress Staff negotations with Key Project for FY 10-11.District has exchanged See Real Kennedy Trail,Sierra Azul accomplish satisfactory resolution of encroachment property owner are in geotechnical analyses of drainage and culvert issues with Property Open Space Preserve and drainage issues;contingency dependent on progress. party;resolution anticipated via litigation or binding Department successful negotiation. agreement in Q2. Budget Represent District in 1 Coordinate with Planning to maintain consistency In progress Litigation continued Key Project for FY 10-11. Parties exploring settlement See Real Pending Chiocchi v.District with Bear Creek Master Plan objectives; Coordinate through mid-year;parties opportunities. Property Litigation with Real Property to assess land protection aspects signed tolling agreement Department of litigation in May to foster Budget settlement discussions. III Represent District in 1 Partner with outside counsel to defend litigation; Yes Project complete. See Real Pending Anderson v. evaluate potential resolution Property District litigation Department Budget Purisima to the Sea 1 Draft transactional and CEQA documents to enable In progress Purisima Farms Uplands The District purchased the POST(Bluebrush Canyon),UC See Real Property Program purchase of Program properties. Parcel to be purchased in Elkus Highlands,and POST(Lobitos Ridge)properties Property FY 2011-12. adding 1,050 acres to Purisima Creek Redwoods Open Department Space Preserve.A$500,000 Habitat Conservation Fund Budget grant was awarded for the purchase of the POST(Lobitos Ridge)property.Work on the grazing and agricultural leases is continuing into FY 2010-11. I I Administration(Legal)-Page 1 of 3 Administration-Legal 2009-10 Action Plan Review Completed Reason for � ;Amount Project Name Project Scope StatustSchedule YIN Variance 'Budgeted a 1 11 i Integrate Risk Management 1 Establish internal District procedures for this function Yes Project complete. $5,980 Function into Legal transfer;develop database of insurance status of Program contractors and consultants;support project managers in obtaining necessary insurance;improve efficiencies in contracting processes in conjunction with sound risk management practices;coordinate with other risk management programs such as East Bay Regional Park District to obtain existing information and processes to assist in this function. Hawthorne's Property 1 In progress Property trustees Key Project for FY 10-11.Distribution date will be See Real Transfer On April 26,2006,the Board approved acceptance of undertook removal of determined by estate's trustees. Property a gift of the Hawthorne's Property. The gift structure substantial personal Department anticipated two parcels to be conveyed at two property prior to transfer Budget different times.The beneficiary's interest in the to District so trust asset second parcel was disclaimed earlier this year. distribution delayed. Therefore,the entire property will be transferred to the District in a shorter time frame than anticipated. -Work with Real Property on the form and timing of property transfer,site clean up,vacancy of structures,and establishing site security by on-site resident/caretaker. -Work with estate trustees on transfer of monetary endowment for operation and maintenance of the property. -Work with Operations and Planning as needed regarding renovation of the historic residence on site. Driscoll Ranch Pond Repair 1 In progress Bid advertisement Key Project for FY 10-11. Planning Department See Planning Project 06 Project scope includes: circulating,expect to proceeding with Project after obtaining Pond Repair plans Department -Assist Planning in obtaining County and Resource present to the Board for from consultant in FY 09-10. Budget agency permits,preparing bid package,conducting contract award on June 9, bid process,and award of construction contract. 2010. Cooley Landing Public 1 1.Support Planning Department in discussions with In progress Progress dependent on Key Project for FY 10-11. Entered into partnership See Planning Access Improvements City of East Palo Alto to review proposed uses and project actions and timing agreement with City of East Palo Alto to enable this project Department Project development of the conceptual public access site as determined by City of to proceed. Collaboration between District and City will Budget plan for the Cooley Landing peninsula. East Palo Alto. continue to refine and adopt a public access plan. 2.Provide legal assistance needed to review and prepare documents. Administration(Legal)-Page 2 of 3 Administration-Legal 2009-10 Action Plan Review Completed Reason for' Amount Project Scope Project Name' ' StatusISchedWe11 L YIN Variance Budgeted o. Agricultural Policy 2 Project scope includes: In progress Planning Staff time Planning currently drafting Ag Policy Implementation See Planning Implementation Guide -Advise Planning Departmnet in integrating diverted to work on Mt Guide. Outreach and consultation to be completed in Department agricultural policies from Coastal Service Plan, Umunhum Project. June/July. Budget Resource Management Policy,and additional District documents into comprehensive Agricultural Policy Implementation Guide. -Present Draft Implementation Guide to Board for review and consideration,assist if revisions needed. Draft Transactional 2 Draft transactional documents necessary to develop In progress Negotiations with SFPUC Key Project in FY 10-11 Action Plan. MOA with Fish and See Real Documents to Accomplish letter of intent and easement exchange between were protracted. Wildlife Service complete for first trail segment; Property Bay Trail Connection District and SFPUC;District to grant underground negotiations with SFPUC for additional segment in Department between Ravenswood waterline easement under Ravenswood OSP; process.Anticipate SFPUC transaction Q2. Budget Open Space Preserve and SFPUC to grant District public trail easement. Don Edwards National Wildlife Area Administration(Legal)-Page 3 of 3 Operations 2009-10 Action Plan Review i Completed Amount Project Name IL I Project Scope in ProIN gress F2eason far Variance 3tatusiSchedtl :Budge# 20 Year Facilities,Staffing 1 Project Scope includes- In Progress Multiple Year Project Potential staffing plans for 20 year timeline developed. $0 and Capital Equipment Plan -Develop a staffing plan and facilities deployment However,no increase in staffing anticipated due to the plan economic climate. Initially the facilities plan will focus on -Confirm timeline and sequencing of events to bring the development of a south area office and a Skyline Area new southern and coastal field offices online shop. Incidents Database 1 Project Scope includes- Yes None Completed and currently being used. Further refinements $10,500 -Complete alpha and beta testing of new database will be made in FY 2010-11. system with field Administrative Assistants Transition existing data to new system. Project Closed. Create reports based on existing reports in current database,and monthly and annual reports. Document database system. Conduct periodic testing of system to ensure accuracy. -Conduct meeting with users to ensure needs are met. Lower Punsima Parking 1 Project Scope includes- In Progress Multiple Year Project Worked closely with Planning on evaluation of expanding No budget in Improvements -Provide local knowledge and expertise regarding the current parking lot. Installed additional"No Parking" Operations the site. signs and increased enforcement to keep parking along -Assist with outreach to the local neighbors and Purisima Road to the north side. emergency response agencies. -Improve roadside signage and determine feasibility of moving existing roadside fencing to expand vehicular clearance on Punsima Creek Road. Picchetti Stream Restore stream banks and damage due to grading Yes None Project installed and plants currently being maintained by No budget in Restoration from tenant by replacing undersized culverts, FFO staff. Operations restoring stream bank,and regrading area back to natural state. Project Closed Radio Improvement Project 1 Project Scope includes- Yes Multiple Year Project A cooperative agreement is being negotiated with Santa $950,000 -A second District radio frequency will be sought,to Clara County Communications for installation and allow separate traffic for maintenance and patrol,thus maintenance of a simulcast system. A second frequency eliminating competing uses for the currently limited has been obtained and installation work is moving forward frequency. on mobile extenders. -Mobile Repeater Pilot Program -Microwave System Design Efforts -Specifications and Bid Process Project Installation,Oversight,and Testing Control of Slender False 1 Project Scope includes- In Progress Multiple Year Project Slender False Brome coordinator hired.Slender false $55,127 Brome -Continue controlling slender false brome on brome treated on District preserves. Twenty-one property Thornewood,La Honda,El Corte de Madera,and owners participated in the reimbursement plan to treat 50 Saratoga Gap preserves. acres of slender false brome on private property. Awarded Support control of slender false brome on nearby $15,000 of American Recovery and Reinvestment Act private and public properties in Woodside and Portola funds to continue treatment of SFB on private propertin Valle . 1 1 12010 through 2011. Operations-Page 1 of 4 Operations 2009-10 Action Plan Review Completes) Amount . Project Name o Project Scope YIN/ Reason for Variance StatuslSchedule IL In Progress �Budge ! Sudden Oak Death 1 Project Scope include- In Progress Multiple Year Project Preventative treatments conducted in 4 preserves. $27,965 Monitoring and Research -Detect,report and monitor newly infested areas. Confirmed SOD infection in canyon oaks at Los Trancos -Fund and assist research on Agri-Fos treatment. with researchers.Assisted researchers in continuation of research on potentially resistant tanoaks. Agricultural Policy 2 Project Scope includes- No Moved to FY 2010-2011 Plannings priorities changed because of the Mount No budget in Development -Assist Planning department with development and Umunhum Project. Outreach was conducted through Operations outreach to the local community. Farm Bureau. Agriculture consultant currently hired to -Provide site and issues knowledge and perspective. develop policy in current FY 2010-2011. Bear Creek Stables 2 Project scope includes- In Progress Multiple Year Project No budget in Analysis -Work with Real Property and Planning. Assist with Operations site expertise and provide input. Assist with the public meeting process. Cooley Landing 2 Project scope includes- In Progress Multiple Year Project Assisting Real Property and Planning with the process of No budget in Development -Work with Planning to engage in continued developing a District Property Use Agreement with the City Operations discussions with City of East Palo Alto to review of East Palo Alto who want to develop and operate a proposed uses and refine the conceptual public interpretive program and center on the property and the access site plan for the Cooley Landing peninsula. surrounding District property at the end of Bay Road. -Provide technical assistance as needed to review documents and findings. Fremont Older/Parker 2 Build new section of the Parker Ranch Trail and Yes None Project Closed. No budget in Ranch Trail Reroute realign Toyon Trail to meet new alignment,repair and Operations restore old trail alignments. Los Trancos Trail Drainage 2 Reduce downstream sedimentation by designing and Yes None Project Closed. No budget in Improvements installing water diversions on to the trail systemin the Operations Los Trancos Open Space Preserve. Mountain Bicycling Damage 2 Project Scope includes- In Progress Multiple Year Project Operations is working with Planning on developing $0 Response -Provide a concerted effort to repair damage already methods to repair damage. Several methods are being cuased by inappropriate mountain bike use on District imployed along District Trails for the reduction of trails. Repair and revegetate damaged areas. "Eyebrows". Operations will be working with Real Property -Educate the bicycling community through outreach in FY 2010-2011 on the"Leave No Trace"fromerly efforts and signage about the negative effects of "Environmental Ethics"program to educate the public on riding up banks("eyebrows")and excessive speed. proper trail use. Have a strong enforcement campaign directed towards violators who create resource damage. Coordinate with Public Affairs to do outreach for trail etiquette and safety and T3 Innovation Program to consider solutions for Mountain Bike"eyebrows". Operations-Page 2 of 4 Operations 2009-10 Action Plan Review Completed AmouOIt, Project Name 0 Project Scope Y/N1 Reason for Variance Status/Schedule IL In Progress „ Conservation Grazing 2 Project Scope includes- No Water infrastructure not Leases created or renewed on Big Dipper,Tunitas and $142,400 Program Manage existing and create new grazing leases. installed at Tunitas due to Driscoll Ranch. Grazing mangement plan under Prepare grazing management plans for new delays in permitting. development for Purisima to the Sea properties. Fall properties. monitoring completed on all grazed properties. -Monitor rangelands and adjust stocking levels and seasons as necessary. Provide necessary grazing infrastructure. Control invasive plants and protect water resources and rare species on rangelands. Prescribed Burns 2 Project Scope includes- Yes None Burns were implemented at both Rancho de Guadalupe $9,006 Gain Board permission for hosting the bums in the and Russian Ridge. following preserves:RR and SA/RdG Work with appropriated fire agencies(CALFIRE and Santa Clara County Fire)to plan for burns. Write burn plans in coordination with outside consultant. Notify public and media of burns(beyond notifications done for Board meetings). Host burns as weather and resource availability allow. Apple Orchard/Stevens 3 Project Scope includes- In Progress Multiple Year Project Continue to perform necessary maintenance work on the $0 Canyon Ranch -Do the necessary maintenance work to ensure a Orchard. Work with Real Property on the possiblity of safe environment and to protect the health of the finding a concessionaire to manage and opporate the trees. Orchard. -Contact other organizations and individuals who might be interested in assuming management of the orchard. Hawthorne Property 3 Work with Real Property department on the District's In Progress Multiple Year Project Assisted Real Property and Planning by scoping a Fire No budget in Transfer acceptance of the Hawthorne Property buildings and Management Plan of the property in compliance with the Operations trails gift. Specific tasks include: resource inventory, Woodside Fire District requirements. i data collection,site assessments,and site security Assisted in inventoring historical assets. Project is on hold for official transfer to the District. Operations-Page 3 of 4 Operations 2009.10 Action Plan Review i Completed Amount Project Flame c Project Scope YINI Reason for Variance Status/Schedule Budgeted' In Progress Alpine Pond Management 3 Develop feasibility of draining Alpine Pond to In Progress Grant application to be Feasibility of draining pond and preliminary design of $41,256 eliminate non-native fish. Apply for grants. Start submitted in FY 2010-11 boardwalks completed. development of detailed plans and specifications for interpretive trails,boardwalks,and viewing platforms. Skyline Tree Farm 3 Project Scope includes- Yes None Phase III of tree farm restoration completed and installed $84,600 Restoration/Phase III -Remove obsolete Christmas trees,regrade unstable plants currently under maintenance, slopes and drainages,and install erosion control measures. Project Closed Plant and seed with native species. Maintain,monitor and report on new and prior lantin s and erosion control. Weed Database 3 Work with the database consultant to modify the Yes None Weed database currently being used by field offices to $5,000 weed database to improve the reporting capabilities submit required monthly reports of herbicide use to county agriculture deparments. Project Closed Operations-Page 4 of 4 Planning 2009-10 Action Plan Review Completed Reason for Ansulnfi Project Name o Project Scope YIN/ StatusiSr hedule n In Progress Variance La Honda Creek Master 1 -Release Draft Master Plan for Board and public Yes Delay in schedule to Board selected a preferred public use option as part of Plan Development review allow for additional the tentative approval of the Draft Master Plan in -Hold first public hearing to present Draft Master Yes meetings,including an November. Plan,obtain public testimony,and receive Board informational Board Staff also made progress on the environmental review feedback presentation and an document. -Revise Draft Master Plan based upon Board, Yes additional hearing on the Board and public review of the environmental document public,and agency comments Bay side. is expected in June with a subsequent hearing for final -Complete and circulate Mitigated Negative In Progress approval of the Master Plan and CEQA certification in Declaration(CEQA document) July. -Hold second public hearing to adopt final Master No Plan and certify the CEQA document $41,500 Memoranda of 1 -Seek MOU with the Regional Water Quality Control In Progress San Mateo County MOU Staff continues to meet CDFG MOU reporting Understanding(MOU)with Board(RWQCB)for routine work,including culvert stalled partly due to San requirements. County and Resource repairs,creek restoration Mateo County staffing RWQCB MOU is currently under public review with Agencies -Seek MOU with San Mateo County(County)for In Progress changes and additional adoption expected in June 2010. routine trail maintenance and construction activities time needed to proceed requiring minimal grading(Santa Clara County with RWQCB MOU. currently exempts most work that results in less than 150 cubic yards of grading) -Maintain current MOU with the California Yes Department of Fish and Game(CDFG);continue to meet yearly MOU reporting requirements. $0 Driscoll Ranch 1 -Obtain formal written oversight agency approval for Yes None Project completed. Remediation the remediation strategy -Complete remedial action items(preparation of soil Yes management Ian) $25,000 Mindego Ranch 1 -Contract with consulting firm to scope landfill Yes The Landfill Removal Contracted with consultant. Remediation removal process and identify removal impacts and Constraints Evaluation Landfill Constraints Evaluation Report completed by cost Report required consultant. -Discuss project with San Mateo County and No additional unanticipated Report will be submitted to RWQCB for negotiations regulatory agencies analysis to be completed. within next two weeks. I Finalize the remediation plan and complete CEQA In Progress analysis -Board approval of Remedial Action Plan and No CEQA certification -Prepare plans and specs for the remediation plan No and submit for permits $25,000 Mt.Umunhum Former Air 1 -Oversee consultant review of the US Army Corp of Yes PM Came on Board Funding should arrive for USACE to begin their work on Force Base Remediation Engineers'(USACE)site characterization March 2010;USACE 5n12010. -Work interedepartmentally to develop a long-term In Progress receipt of funding was Site visit to start project scheduled for 5/11. remediation strategy delayed. Project kick-off scheduled for 5/14. Seek assistance from a contract project manager Yes $25,000 Planning-Page 1 of 4 Planning 2009-10 Action Plan Review *r_ Completed Reason for Amount.. Project Name .Project Scope YINI Status/Schedule 4 Variance `� Stid, f1 04 In Progress Driscoll Ranch Pond DR06 1 -Secure County and Resource agency permits Yes Additional time needed to Bid Package released and under review by prospective Repair -Complete bid packages and bid process Yes apply for and secure bidders. -Award construction contracts In Progress grant funding. Bids due May 28. Award of Bid scheduled for June 9,2010. Construction scheduled for summer to be completed by October 31,2010. $35,000 Schilling Lake 1 -Conduct geotechnical evaluation of earthen dam Yes Tree removal Board approved the U&M Committee's recommendation Management Plan stability and complete inundation study purposefully delayed to for minor intervention at the regular meeting of April 28, -Conduct outreach to neighbors and stakeholders Yes avoid impact to nesting 2010. -Conduct site visit,analysis of tree impacts on Yes birds. Skyline Field Office staff have begun to implement the earthen dam integrity,prepare recommendations for long-term management plan for cattail and floating tree management,and cost estimate for removing aquatic vegetation removal. trees Staff will request additional funds at mid-year budget -Develop final Lake Management Plan and CEQA Yes cycle to fund tree removal on dam and issue RFP to review implement work. -Present recommendations for Board review and Yes approval -Implement high priority recommendations In Progress $25,000 Watershed Protection 1 -Prepare plans and specifications for remaining In Progress Staff time diverted to Staff conducted a field visit with the project engineer to Program,Year 5 high priority projects(Steam Donkey,Lawrence work on Mt Umunhum assess the last remaining bridge crossing. Creek,Methuselah,Fir Trails). Project.Stream flow Plans and specifications will be finalized in the fall and -Coordinate with Operations to determine which Yes monitoring program to permits applied in winter. projects will be done in-house. continue after remaining Continue stream flow monitoring program No high priority erosion sites are addressed in the next few years. $35,000 Guadalupe River 1 Conduct erosion studies within Guadalupe Creek Yes Erosion investigations Contracted with a Certified Engineering Geologist Watershed Mercury Total watershed to identify potential mercury mining are ongoing and on Field,literature,and air photo analysis completed Maximum Daily Load related erosional sites schedule for completing One progress report submitted to RWQCB,second report (TMDL)Site Investigations -Prepare report detailing results of erosion In Progress requirements of RWQCB in progress,due June 2010. investigations and submit to the Regional Water order by due date of Quality Control Board(RWQCB) December 31,2010. $20,000 Cooley Landing Public 1 -Engage in continued discussions with City of East In Progress Project is multi-year and Lease agreement and Use and Management Plan Access Improvements Palo Alto to review proposed uses and refine the subject to City of East Amendment completed. conceptual public access site plan for the Cooley Palo Alto's schedule. Project,agency,and Ad Hoc Committee meetings held Landing peninsula District to review project description,proposed uses,and -Provide technical assistance,as needed,to review In Progress management/operational plans. documents and findings I 1 $25,000 Planning-Page 2 of 4 Planning 2009-10 Action Plan Review Project Name `a Project Scope Co I d Reason for Status/Schedtulefi ount IL In Progress Variance' Budgeted` District-Wide Staff 1 Confirm assumptions regarding field staff Yes Changes to work policy Staff to review and refine assumptions for staff facility Facilities Planning Study deployment to new satellite offices are ongoing and part of improvements as projects are implemented. -Confirm timeline and sequencing of events to bring Yes T3(Team Think Tank) new southern and coastal field offices online and and Strategic Plan complete additional improvements to the Project. Administration Office -Refine cost figures for new staff facility Yes improvements -Prioritize and prepare schedule for work policy In Progress changes $0 Agricultural Policy 2 -Integrate agricultural policy statements from In Progress Staff time diverted to Drafting Agricultural Policy Implementation Guide. Implementation Guide Coastal Service Plan,Resource Management work on Mt Umunhum Outreach and consultation to be completed in June/July Policy,and additional District documents into a Project. 2010. comprehensive Agricultural Policy Implementation Guide -Conduct outreach with San Mateo County Farm No Bureau and Agricultural Advisory Committee to review Agricultural Policy Implementation Guide Present Draft Implementation Guide to the Board No for review and consideration;identify gaps/need for amendments $0 Big Dipper Ranch Fisheries 2 -Complete plans and specifications to upgrade Yes None Grading plans completed and permit applications Restoration/Sediment stream crossings and abandon former ranch roads submitted to CDFG. Control -Submit permit applications Yes San Mateo County permits secured. Pending Army Corps permit and United States Fish and Wildlife Service review. $18,000 Former Flescher Property 3 -Conduct asbestos investigations and abatement, Yes None Project completed. Demolition as needed Complete and release bid packages Yes -Enter into contract Yes Complete structures and debris removal and minor Yes site re-contouring Restore site using native seed and netting Yes $30,000 Lower Purisima Creek 3 -Prepare site plan of area surrounding existing Yes New project manager Conceptual site plan completed. Redwoods Parking restroom,staging area,and access road. assigned.Development Staff continues to work with San Mateo County Planning Improvements -Determine maximum number of potential additional In Progress of conceptual project Department to finalize project proposal to present to vehicular parking spaces and conduct cost benefit design required Coastal Commission. analysis for expanded parking area extensive consultation Staff also continues to keep community informed Improve roadside signage and determine feasibility In Progress with San Mateo County regarding project status and progress, of moving existing roadside fencing to expand planning staff. vehicular clearance on Purisima Creek Road $70,000 Planning-Page 3 of 4 l Planning 2009-10 Action Plan Review Completed Reason for Amount Project Name o Project Scope YIN/ Status/Schedule �� In Progress Variance Budgeted El Corte de Madera Creek 2 -Complete traffic engineering study to identify a Yes Delay in completing plans CEQA document certified. Open Space Preserve Highway 35 crossing location and specifications due to Grant requirements completed. Staging Area and Trail Complete CEQA analysis Yes extended CEQA review Arcadis(LFR)contract amendment completed. Improvements-Planning Board consideration of final project approval and Yes process. Consultant is completing construction plans and and Design CEQA certification specifications. -Prepare plans and specifications and submit In Progress permit applications $91,315 Alma College Conditions 3 -Hire consultant team(architectural/landscape Yes None Staff to present the Phase I findings and recommended Assessment historian,structural/geotechnical engineer,and bat next steps to the Sierra Azul/Bear Creek Redwoods Ad biologist) Hoc Committee in June 2010. Complete a site conditions assessment Yes -Prepare recommedations for next steps Yes Compile final report Yes $51,400 Administrative Office 1 Complete plans for kitchen and server room Yes None Major improvements completed. Improvements,Phase 11 upgrades and workspace privacy enhancements Remaining items include purchase of additional office Identify any additional HVAC modifications Yes equipment. Solicit bids,contract for work Yes Implement improvements Yes $300,000 i I� I I Planning-Page 4 of 4 Public Affairs 2009-10 Action Plan Review Completed Amount Project Name O Project Scope Reason for Variance Status/Schedule YINudgew a Master Plan Support 1 Support Planning during the following La Honda In Progress Delay in schedule to allow Wrote and placed updates in two newsletters,drafted and milestone events: for additional meetings, distributed four press releases,staffed and supported -April 2009-Draft Master Plan release,1st Public including an informational public meetings in San Carlos and Half Moon Bay. Hearing(tentative approval) Board presentation and May 2009-Draft Plan edits an additional hearing on June 2009-Finalize CEQA document the Bay side. July-Aug 2009-Circulate CEQA document& receive comments -September 2009-2nd Public Hearing(final plan ado tion,CEQA Certification) $0 "Healthy Trails"Program 1 Project Scope includes- No Any potential District Staff continues to develop and refine the project proposal development -Continue program research,including creating funding for the project and also continues program research,including outreach potential partnership with health organizations and was delayed until FY2011-to potential partnership health organizations.Staff hopes to wellness-oriented businesses such as Sutter Health 12 due to the fiscal bring the project proposal to the Board for their and Kaiser Permanente constraints required to consideration in Q2 FY2010-11,for possible -Develop program proposal,including establishing balance the FY2010-11 implementation in FY2011-12. ,partnerships through formal agreements. budget ear. $1,000 New Logo Implementation 1 Project Scope includes- In Progress Multi-year project,some As detailed in the January 11,2010 Project Summary& -As needed,continue to work with District of the work was Update Memo to the Board,all District logo activities have departments to implement the new logo. scheduled and budgeted been implemented,except the following which remain in -Transition the volunteer uniform items to the new for in FY2010-11 (see the process:creation of a District Identity Guideline and logo. Status column) Federal Trademark and Copyright of the District's logo. -Continue to develop,in coordination with the logo graphic design consultant,a broad District Identity Guideline to ensure consistent use of the District's identity- -Work with the District's Legal Program to trademark i the logo. $24,555 State Legislation 1 Work with the District's legislative advocate and with Yes None An evaluation of the last legislative session and the draft legislators and their staff to sponsor and support the Legislative Program outlining the District's legislative Board-approved Legislative Program. Update priorities for the next session will be submitted to LFPAC Legislative Program to respond to changing political and Board for review and adoption. landscape.Seek coordination and support from other special districts. $14,400 Federal Legislation 1 Work with members of Congress and State and local Yes None Representatives Honda and Lofgren as well as Senators agency leaders to develop and implement a strategy Boxer and Feinstein,secured allocation of$3.2 million to carry out the Board-approved Legislative Program, from the federal government for the cleanup. including to seek federal legislative assistance in securing funding for the cleanup of the former Almaden Air Force Station at Mt.Umunhum in Sierra Azul Open Space Preserve. 1 $39,000 {I' Public Affairs-Page 1 of 4 I Public Affairs 2009-10 Action Plan Review Completed Am+ unt,, Project Name o Project Scope Reason for Variance Status/Schedule YIN 6ted�, Docent Program 1 Project Scope includes- Yes None Continued to use various methods of recruitment,including Recruitment and Training -Review and analyze existing and past recruitment District Web site and newsletter,Craigslist,Volunteer Outdoor Education Leaders options for these two docent programs and recruit, Match,free volunteer listings in area newspapers,and and Nature Center Hosts screen,and train new docents for Outdoor Education occasional paid display ads.Also tried various new outlets: Leader and Nature Center Host programs. Provide 3- organizational newspapers and posting fliers at community 4 enrichment trainings for existing docents. locations.Ten(10)new Nature Center Hosts and three(3) new Outdoor Education Leaders were trained FY2009-10. Docents in all programs invited to participate in enrichments,trainings included:Mountain Lion Research project.Biotic Communities,Resource Management updates. $1,950 ARMS Program 1 Project Scope includes- Yes None The Maintenance&Resource Supervisors continue to Management -Monitor and make necessary adjustments to the oversee the program,retain field management new Advanced Resource Management Steward responsibilities.In 2009,they delegated appropriate field Program, staff to work directly with the volunteers as needed.As -Work w/Operations to determine and develop most ARMS volunteers are also Volunteer Crew Leaders, interim field management leadership until new information was shared with the group at 2 separate Crew position can be created. Leader Project/Meetings.Staff continues to use electronic -Schedule and lead follow-up meetings and training communication to update the volunteers on the status of sessions with volunteers and involved staff. the program.Field Staff was continually updated at Field -Record and report volunteer hours and Full Staff Meetings.ARMS volunteers continue to use accomplishments, electronic forms to record their hours and progress. In 2009-10.ARMS volunteers contributed 310 hours of service at Purisima Creek Redwoods,El Corte de Madera Creek,Bear Creek Redwoods,St.Joseph's Hill,&Sierra Azul Preserves.To maintain program momentum and involve volunteers waiting for program expansion,the Volunteer Programs Coordinator has replaced three less- active volunteers with volunteers from the waiting list.The three'team players'who voluntarily gave up their spots for $700 I Public Affairs-Page 2 of 4 Public Affairs 2009-10 Action Plan Review Completed Amount,; Project Name a;, Project Scope; Reason for Variance , Status/Schedule1 YEN Utdgetet Upgrade Volunteer Web 1 Project Scope includes- No State budget cuts converted the volunteer opportunities page to bulleted Pages -Create online training systems to enhance and resulted in the elimination format to improve ease of use,added links to video gallery "green"some volunteer training sections. of the film/video and photo gallery under"special projects volunteers'; -Upgrade Volunteer Home Page to include pictures department at Foothill added pictures depicting several volunteer opportunities of volunteers,personal stories,and other enhanced College. 10-person team -we use the opportunity to invite them to join volunteer e- recruitment elements. successfully captured news and Open Space Views eblast lists -Recruit and partner with school film/video programs video footage,director -the new video gallery(launched in 9/2009)features to create instructive and fun refresher training videos and producer have videos by docents,Cub scout volunteer,Mt.Um volunteer, to be uploaded to the appropriate volunteer pages. agreed to complete Foothill College video(pending) project on their own time -volunteer login area includes online training/quizzes (no academic credit). pending items:Foothill College video and photo gallery They plan to resume featuring volunteer projects video editing in May 2010. $1,000 Visitor Estimate Survey- 2 Preserves to be surveyed using infrared trail counters In Progress None Multi-year project.Phase III was implemented and the Phase III Implementation at multiple entry locations for a designated minimum Project Report Memo was provided to the Board on April 1, two-week period include: 2010 and to department managers on April 23,2010.A Los Trancos two-page summary was also provided to field staff on April Saratoga Gap 23,2010 for their use in determining patrol,maintenance, Coal Creek or resource presence or providing preserve use/visitation Foothills information to the public.Phase IV,which will measure Stevens Creek Shoreline Nature Study Area visitors in the fall,will occur in either fall 2010 or fall 2011, Rancho San Antonio dependent on the successful hiring of a project intern. El Sereno Pul as Ride $6,700 District Coffee Table Picture 2 Project Scope includes- In Progress None Multi-year project.All of the action plan items listed this Book -Conduct early phase research and further scope the year were completed:Staff has been coordinating with the project with the District's LFPAC Committee LFPAC Committee on this project.Staff developed a 1.Establish an outline of the book content with the project Web page;made an initial"Call for Artwork& LFPAC Committee and key District staff. Poetry"in the Winter 2009-10 Open Space Views 2.Explore potential partnerships with photographer(s) newsletter;also sent an e-blast to approximately 70 and/or other contributors. contacts(including local art programs and schools).Staff Draft photographer/writer/artist RFP has been coordinating with approximately 60 interested artists to date.Staff drafted and distributed a Request for Proposal for publishing services and has been reviewing and following up with two potential publishers.This project will continue into FY2010-11 and FY2011-12,beginning with bringing staffs recommendation for publishing services to LFPAC and to the full Board for their consideration. $1,000 Public Affairs-Page 3 of 4 Public Affairs 2009-10 Action Plan Review Completed Amount Project Name o• Project Scope Reason for Variance_. ;, Status/Schedule o. eNature Wildlife Guides 2 Project Scope includes- No Coordination with Staff has repeatedly and unsuccessfully tried to reach -In coordination with Shearwater,Inc.,launch the Shearwater is required in Shearwater by phone and email.Shearwater's participation eNature Wildlife Guides on the District's Web site. order for the District to be in the project is required for the project to move forward as -As the launched Wildlife Guides will be in Beta for able to launch the wildlife they own and house all of the wildlife guide data. an established timeframe,follow up on any technical guides on its Web site but Shearwater remains unresponsive.In the FY2010-11 issues that arise. the firm is not responsive. Action Plan,there is a disclaimer that this project is Work with District volunteers to further customize Shearwater must fix contingent upon Shearwater's ability to support the the guides to District preserves as needed. remaining program bugs, program and we will recommend removing this project sign the contract,etc. from the Action Plan if a connection with the firm can't be before the site can made. launch. $500 Interpretive Systems Plan 2 Project Scope includes- Yes None RFP distributed and reviewed by District staff;two firms -For all District preserves,research and begin interviewed(by staff and Interpretive Program Manager preparing a comprehensive long-term Interpretive from Santa Clara Co.Parks)from 4 submittals received. Systems Plan that ties into the District's Strategic John Veverka&Associates selected.Veverka did Plan. preserve site visits in early March.First Draft Plan -Integrate previous goals for a project/display for the submitted by March 30.Revisions to draft currently Red Barn at La Honda Creek OSP and for a self- underway. guided interpretive"nature discovery"trail around Alpine Pond at the Skyline Ridge OSP into the District wide Interpretive Systems Plan. $10,000 Public Affairs-Page 4 of 4 Real Property 2009-10 Action Plan Review Completed Project game' o 'Project Scope Y/Ni1n Reason for Variance Status/Sceiue ira a Progress Purisima to the Sea Land 1 Purchase the following four properties,with the first In Progress Purisima Farms Uplands The District purchased the POST(Bluebrush Canyon),UC Purchases two occurring in this fiscal year: to be purchased 2011-12 Elkus Highlands,and POST(Lobitos Ridge)properties UC Elkus Highlands adding 1,050 acres to Purisima Creek Redwoods Open POST(Lobitos Ridge) Space Preserve. A$500,000 Habitat Conservation Fund POST(Blue Brush Canyon) grant was awarded for the purchase the POST(Lobitos Purisima Farms Uplands Ridge)property.Work on the grazing and agricultural Pursue Coastal Conservancy Prop.84 and Habitat leases is continuing into FY 2010-11. Conservation Fund grants to be applied to the UC Elkus Highlands and POST property purchases. Work with Operations and Planning to implement lgrazing and agricultural leases on these properties $11,000,000 Potential New Land 1 Pursue land purchase opportunities,utilize non-profit Yes The District added 639 acres of open space lands by Additions and agency partnerships,and previously secured purchase,management agreements or easement grant funding where available to add additional open including the 160 acre Sare and 32 acre POST(Roberts) space to District preserves, additions to Mills Creek,as part of the Hanson exchnage agreement,48 acres addition to Monte Bello&52 acres addition to Rancho San Antonio Preserves,the 81.5 acre Moore,42.53 Maas, 10 acre Mendez,41.7 Santa Clara County(Laine)tax parcel and management agreement for the 158.51 acre POST(Horstmeyer)property as additions to Sierra Azul. $8,500,000 District Strategic Plan 1 Assist project team with long range planning and In Progress $0 j strategic analysis Budget resides in Admin New Land Transition 1 Establish new land project teams with Yes Established collaborative process to obtain Operations and Process representatives from appropriate Departments to Planning department input on new land purchases. implement preliminary use and management plan, Formed staff teams for major purchases,conducted develop site inspection process,due diligence regular staff team meetings,held site visits,developed procedures,revise inter department procedures for schedules,and discussed emerging issues.Process has identifying and budgeting costs associated with new been used for two major land purchase projects and will land purchases,assignment and prioritization of continue to be repeated and refined in the future. property related issues requiring Board Action and determine timelines for completing identified priority projects. $0 The Hawthorne's Property 1 Transition to begin with: In Progress The property continues to be held by the Trust while the Transfer -Work with Trustees on property transfer,site clean Trustees work to complete the removal of personal up and vacancy of structures. property and associated clean up of the property. Staff Identify site security has proceeded with planning and assessment activities in Work with Operations and Planning to initiate site preparation for the transfer of the property to the District, assessments,resource inventories,Identify operation including developing a draft public outreach plan and and management costs,responsibilities obtaining cost estimates to secure the property upon Identify and meet with community interest groups transfer and repair a residence for possible use as a and potential partners employee or caretaker residence. $0 Real Property-Page 1 of 4 Real Property 2009-10 Action Plan Review Completed Project Name 0, Project Scope YIN/In Reason for Variance Status tScheduleouint, IL f ' 'Progress Budgeted' District Communications 1 The following leases are up for renewal amendments: In Progress "-Working with Comm& Working with the Operations Department,the District Leases AT&T Control on final entered into a new long term lease arrangement with C&C MetroPCS reassignment Communications at Black Mtn,which provides for tower New Leases: arrangements partnership with GGNRA which will serve as the hub for C&C Equipment Company -Discussions started with the District's new radio system. Entered into lease Federal Aviation Administration County on possible extensions with FAA at Black Mountain and AT&T and Communication&Control cooperative Metro PCS at the PG&E tower at Pulgas Ridge Open County of San Mateo communication exchange Space Preserve. agreement and renewal of Rolph Reater Site Lease $0 New Land Rental Property 1 For the following structures: In Progress Renovations still to be Renovations completed to the farmhouse and cottage: Transition -Purisima to the Sea structures(contingent on completed on farmhouse -Lead/Asbestos Testing purchase) and cottage: Termite Treatment/Bat Assessment POST Blue Brush Canyon -Complete addition Goat enclosure POST Lobitos Ridge renovation-farmhouse Histoical Assessment Additional structures from new land purchases -Paint interior- Archaeological Assessment 1.Assess overall condition of residenct farmhouse-lower level Outbuilding demolition and clean-up To be 2.Make repairs and clean residence -Paint exterior- New Water System(both residences) determined 3.If residence does not have current tenant-list farmhouse New Septic System(both residences) with structure residence for rent New windows-cottage -New windows-farmhouse inspections 4.Enter into lease with either current tenant or new Stucco repair-cottage New roof-farmhouse as part of the tenant New roof-garage land purchase 5.Enter into agricultural lease with either current Addition renovation-farmhouse-project started due diligence tenant or new tenant Back Porch repair-cottage proces Bear Creek Stables Site 1 Project Scope includes- In Progress "-Site analysis is still Tasks Completed- Assessment -Perform analysis of similar sized equestrian facilities being finalized Met with tenant to discuss scope and objectives at nearby park districts 1.water testing Attended NRCD workshop on horse keeping and land I Perform site analysis 2.septic testing management Prepair Draft site Plan -A selection of site plans -Tour and meet with agency rep and stable manager at Present data,analysis,and preferred alternatives to in progress Chabot(EBRPD),Piedmont(EBRPD),Skyline(EBRPD), Board Committee -Board Committee and Miwok(GGNRA) presentation -Baseline information both during dry weather and wet weather,including mapping,video and photo documentation,four site visits Streamside assessment with Planning to determine scope of water testing program:then rounds of water testing Policy review and master plan reviews of similar park sites in EBRPD- -Investigation into reconfiguring pens and paddocks to reduce impacts on pasture and maintain level of use -Outline of key issues that are arising at BCR stables that need to be addressed in new site plan and long term lease $8,500 Real Property-Page 2 of 4 i Real Property 2009-10 Action Plan Review Completed Amount Project Name 0, Project Scope YIN/In Reason for Variance.r y Status/Schedule Z geted a Progress Ridge Vineyards Property 1 Draft and finalize Exchange Agreement documents In Progress Agreements,Easements, Tasks Completed:Negotiated proposed agreement and Exchange for fee and easement property interests,finalize and and Negative Declaration easement terms with Ridge.Obtained assistance of pro circulate mitigated negative declaration,update still being finalized. bono legal counsel.Prepared administrative draft of appraisal,obtain Board approval. Negotiations regarding exchange agreement and draft of portions of easement terms still underway. agreements.Obtained Phase I environmental assessment of Ridge's lands intended to be transfered to District. Engaged biologist to advise District regarding need for CEQA mitigations.Reviewed Ridge agreements with neighboring property owner to assess effect on proposed exchange. $25,000 Gullicksen Landfill Removal 1 Coordinate with the County of Santa Clara in its In Progress County enforcement Defendents in County's enforcement action installed and Site Restoration enforcement action to obtain the cooperation of action is ongoing for both winterization meansures in the fall 2009 to stabilize the removal of all fill off-site outboard slope of the landfill. The defendents are currently property owners in removing and restoring an illegal p Y landfill site located immediately upslope of District and site restoration. requesting mediation to resolve the litigation with the lands and a tributary to Stevens Creek: County. The Legal Program and Real Property continue to monitor the Coun 's le -Stabilize outboard slopeof landfill to helpprevent ty al action to ensure that the landfill 9 further slope failure over winter be completely removed and remediated on District land. Removal of all fill off-site Site restoration $5,000 Resolution of Kennedy Trail 1 Negotiate resolution of fence encroachment from the In Progress Staffs negotiatons with Staff continues to negotiate with private property owner to Access travel way of Kennedy Trail and appropriate property owner are in remove fence encroachment from Kennedy Trail. improvements to culvert to protect this section of trail progress. $10,000 from future erosion and failure,or pursue legal From remedies. Planning I Ridge Trail&Coastal Trail 2 Negotiate agreements with State Parks for No Project on hold due to Management Agreements cooperative management of the Bay Area Ridge Trail State Budget situation with California State Parks adjacent to Saratoga Gap Open Space Preserve and California Coastal Trail at Cowell Ranch on the San Mateo Coast. $0 Bay Trail Connection 2 Negotiate and exchange of easements with the In Progress Staff anticipates bringing an exchange of easements to the between Ravenswood SFPUC providing for the following grant of Board for its consideration in May or June 2010. Open Space Preserve and easements. Don Edwards National Wildlife Preserve $25,000 Saratoga to Skyline 2 Partner with City of Saratoga and County of Santa In Progress Dependant on actions Sanborn Land Purchase Clara Parks Department to purchase a surplus of and timing of the City of Project County Roads Property to help provide a future trail Saratoga and the County. connection from Saratoga to Skyline Sanborn County Park $0 I Real Property-Page 3 of 4 Real Property 2009-10 Action Plan Review Completed " imount Project Name c Project Scope Y/Ntln Reason for Variance Status/Schedufe 4 . : ]Ci�dgetel 0. Progress Picchetti Winery 2 Project Scope includes- Yes Project Complete. Implementation Plan- -Work with Planning to develop overall Tenant reimbursed the District$2,838.45 per the lease Drainage Restoration Plan/schedule for the project agreement for the restoration project. -Work with Operations/Planning to ensure restoration Work Is completed -Coordinate with tenant on project timing and possible site impacts during the remediation -Handle project issues along with Planning, ,Operations,and tenant as they arise $5,000 330 Distel Circle Building 2 Transition responsibility for on-going maintenance Yes Project complete. Maintenance and repair of 330 Distel Circle from other Departments to Real Property Youngblood Encroachment 2 Structure a land exchange to reconfigure the In Progress Property owner has Youngblood property such that no encroachment engaged legal counsel. remains on District land,with a net gain in protected Negotiations ongoing. open s ace acreage. $0 Cooley Landing Public 3 Project Scope includes- In Progress Dependent on actions Tasks Completed:Reviewed City's plans and monitored Access Improvements -Work with Planning Department to refine options and timing of City of East Vision Plan process,in coordination with Planning Project,Ravenswood Open regarding Cityof East Palo Alto use of District Land Palo Alto Department.Assisted LegalProgram staff with real Space Preserve on the Cooley Landing Peninsula property terms and conditions for partnership agreement -Act as property Negotiator in continued discussions which was approved the Board of Directors and City in with City of East Palo Alto March 2010,meeting an important grant application $0 -Work with Legal Department as needed to prepare requirement. Budget documents needed to effectuate any real estate resides in transactions resulting from the project Planning District-Wide Staff Facilities 3 Project Scope includes- In Progress Overall project activites Staff has contacted a neighboring property owner in the Planning Study -Provide location and cost information regarding were directed towards Rancho de Guadlupe area about a potential interim or potential new Land purchases with Provide future planning for facilities at satelite staff facility. Operations,Planning and Real staff facilities the former Beatty property Property staff is in the process of evaluating this location. $0 -Provide location and cost information Op potential and identifying interim or Budget non-District structures or facilities that could serve as satelite staff facility resides in interim staff facilities I Ilocations. Planning Real Property-Page 4 of 4 ' ( Midpeninsula Regional Open Space District R-10-71 Meeting 10-15 June 9, 2010 AGENDA ITEM 9 AGENDA ITEM Resolution in Opposition to the Proposed Development of the Redwood City Salt Ponds. GENERAL MANAGER'S RECOMMENDATION Approve Resolution Opposing Development of Redwood City Salt Ponds. SUMMARY The proposed development of a 1,436-acre salt harvesting site in Redwood City on the shores of San Francisco Bay within the jurisdictional boundaries of the District runs counter to the need to protect the area's fragile ecosystems. Accordingly, the General Manager recommends that the Board of Directors adopt a resolution opposing the plan. DISCUSSION DMB Associates, a developer from Arizona, is proposing to build the largest housing development on the shores of San Francisco Bay since Foster City was constructed 50 years ago. The project, which DMB hopes to start in 2013, is to partly develop and partly restore a 1,436- acre salt harvesting site in Redwood City with up to 12,000 homes for about 30.00Q2-5-,000 people on land owned by Cargill Salt. HaWMost of the area would be developed with homes, businesses and sports fields, and bless than one third, 436 acres would be restored wetlands. As the U.S. Environmental Protection Agency has pointed out in a letter about the proposal: "San Francisco Bay and its adjacent waters are critically important aquatic resources that warrant special attention and protection"which is perhaps why this project has motivated over 100 current and former elected officials from all nine Bay Area counties and organizations and agencies such as Audubon California,the Sierra Club and the West Bay Sanitary District to communicate their fervent opposition to the plan. There are several reasons for the District to be concerned that the proposed development, which is within the District's jurisdictional boundary and-adjacent to and within the authorized expansion boundaries of both-the Don Edwards National R-10-71 Page 2 Wildlife Refuge and adjacent to the Bair Island Ecological Preserve, runs counter to the need to protect and restore the area's fragile ecosystems: • Only five percent of the former salt marsh habitat is left and today supports numerous endangered species such as the California Clapper Rail and the Salt Marsh Harvest Mouse. • If the project were to go forward,offly-Less than one thirdha4f of the salt marsh area would be restored, the other-remaining are half would be permanently destroyed. • The salt ponds are part of the bay and,rather than paved, they should be restored to tidal marsh for wildlife habitat, natural flood protection and cleaner water. The bay's salt ponds provide the best opportunity to restore a portion of the 150,000 acres of valuable wetlands converted to other land uses by previous generations. 9 Currently, the bay land in question is zoned as a tidal plain which means that housing is not permitted on this sea-level,bay front property. Tidal plain allows for salt production, parks and other open space uses, not for housing. * A floodplain at sea level is an inappropriate location for housing during a time of global warming because climate change could lift the bay's water level up to 55 inches by the end of the century. 0 No infrastructure currently exists on the shallow salt ponds that dot the area. The proposed development would require the building of 223 acres of paved city streets in addition to transit, sewage and other infrastructure. The fragile environment of San Francisco Bay and the long-term environmental degradation that can occur from a development of this scale in this fragile environmental context are reasons to oppose the plan and urge that these open space areas remain as open space forever. FISCAL IMPACT No fiscal impact is anticipated from the adoption of this resolution. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. I a R-10-71 Page 3 NEXT STEP If approved by the Board, staff will send the resolution to the Redwood City Council Attachment: Resolution Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Same as above I i RESOLUTION 10-_ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OPPOSING THE DEVELOPMENT OF REDWOOD CITY'S SALT PONDS The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: WHEREAS, a large housing development with up to 12,000 homes for 25,000 people has been proposed on a 1,436-acre salt harvesting site in Redwood City on the shores of San Francisco Bay; and WHEREAS, over 100 current and former elected officials from all nine Bay Area counties and organizations and agencies such as Audubon California, the Sierra Club and the West Bay Sanitary District are opposed to the plan; and WHEREAS, the salt ponds are part of the bay and,rather than paved, should be restored to tidal marsh for wildlife habitat, natural flood protection and cleaner water; and WHEREAS, the bay's salt ponds provide the best opportunity to restore a portion of the 150,000 acres of valuable wetlands destroyed by previous generations. WHEREAS, the land is zoned as a tidal plain where housing is not permitted; and WHEREAS, a floodplain at sea level is an in appropriate location for housing during a time of global warming, and WHEREAS, housing should not be built at sea level because climate change could lift the bay's water level up to 55 inches by the end of the century. THEREFORE BE IT RESOLVED,the Midpeninsula Regional Open Space District opposes the development of Redwood City's salt ponds. IN WITNESS WHEREOF, we, the Board of Directors of Midpeninsula,Regional Open Space District do hereby adopt this resolution this, the 9th day of June, 2010. Midpeninsula Regional Open Space District R-10-71 Meeting 10-15 June 9, 2010 AGENDA ITEM 9 AGENDA ITEM Resolution in Opposition to the Proposed Development of the Redwood City Salt Ponds. GENERAL MANAGER'S RECOMMENDATION Approve Resolution Opposing Development of Redwood City Salt Ponds. SUMMARY The proposed development of a 1,436-acre salt harvesting site in Redwood City on the shores of San Francisco Bay within the jurisdictional boundaries of the District runs counter to the need to protect the area's fragile ecosystems. Accordingly, the General Manager recommends that the Board of Directors adopt a resolution opposing the plan. DISCUSSION DMB Associates, a developer from Arizona, is proposing to build the largest housing development on the shores of San Francisco Bay since Foster City was constructed 50 years ago. The project, which DMB hopes to start in 2013, is to partly develop and partly restore a 1,436- acre salt harvesting site in Redwood City with up to 12,000 homes for 25,000 people on land owned by Cargill Salt. Half of the area would be developed with homes, businesses and sports fields, and half would be restored wetlands. As the U.S. Environmental Protection Agency has pointed out in a letter about the proposal: "San Francisco Bay and its adjacent waters are critically important aquatic resources that warrant special attention and protection" which is perhaps why this project has motivated over 100 current and former elected officials from all nine Bay Area counties and organizations and agencies such as Audubon California, the Sierra Club and the West Bay Sanitary District to communicate their fervent opposition to the plan. There are several reasons for the District to be concerned that the proposed development, which is within the District's jurisdictional boundary and adjacent to both the Don Edwards National R-10-64 Page 2 I Wildlife Refuge and the Bair Island Ecological Preserve, runs counter to the need to protect and restore the area's fragile ecosystems: • Only five percent of the former salt marsh habitat is left and today supports numerous endangered species such as the California Clapper Rail and the Salt Marsh Harvest Mouse. • If the project were to go forward, only half of the salt marsh area would be restored, the other half would be permanently destroyed. • The salt ponds are part of the bay and, rather than paved, they should be restored to tidal marsh for wildlife habitat, natural flood protection and cleaner water. The bay's salt ponds provide the best opportunity to restore a portion of the 150,000 acres of valuable wetlands converted to other land uses by previous generations. • Currently, the bay land in question is zoned as a tidal plain which means that housing is not permitted on this sea-level, bay front property. Tidal plain allows for salt production, parks and other open space uses, not for housing. • A floodplain at sea level is an inappropriate location for housing during a time of global warming because climate change could lift the bay's water level up to 55 inches by the end of the century. • No infrastructure currently exists on the shallow salt ponds that dot the area. The proposed development would require the building of 223 acres of paved city streets in addition to transit, sewage and other infrastructure. The fragile environment of San Francisco Bay and the long-term environmental degradation that can occur from a development of this scale in this fragile environmental context are reasons to oppose the plan and urge that these open space areas remain as open space forever. FISCAL IMPACT No fiscal impact is anticipated from the adoption of this resolution. i PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. R-10-64 Page 3 NEXT STEP i If approved by the Board, staff will send the resolution to the Redwood City Council. Attachment: Resolution Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: Same as above i RESOLUTION 10-_ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OPPOSING THE DEVELOPMENT OF REDWOOD CITY'S SALT PONDS The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: WHEREAS, a large housing development with up to 12,000 homes for 25,000 people has been proposed on a 1,436-acre salt harvesting site in Redwood City on the shores of San Francisco Bay; and WHEREAS, over 100 current and former elected officials from all nine Bay Area counties and organizations and agencies such as Audubon California, the Sierra Club and the District ar e opposed d to the plan; and Sanitary , West Bay y pp p WHEREAS, the salt ponds are part of the bay and, rather than paved, should be restored protection and cl eaner water; and tidal marsh for wildl ife habitat natural flo od , tot WHEREAS, the bay's salt ponds provide the best opportunity to restore a portion of the 150,000 acres of valuable wetlands destroyed by previous generations. WHEREAS, the land is zoned as a tidal plain where housing is not permitted; and is an in appropriate location for housing during WHEREAS, a floodplaln at sea level � g a time of global warming; and WHEREAS, housing should not be built at sea level because climate change could lift the bay's water level up to 55 inches by the end of the century. THEREFORE BE IT RESOLVED, the Midpeninsula Regional Open Space District opposes the development of Redwood City's salt ponds. IN WITNESS WHEREOF, we, the Board of Directors of Midpeninsula Regional Open Space District do hereby adopt this resolution this, the 9`" day of June, 2010. * * * * * * * * * * * * * * * * * * * I Mid peninsula Regional p g Open Space District P To: Board of Directors From: Stephen E. Abbors j Date: June 09, 2010 Re: FYIs i i MID-PENINSUL. ' WATER DISTRICT 3 DAIRY LANE—POST OFFICE BOX 129 BELMONT, CALIFORNIA 94002 PHONE (650) 591-8941 May 26, 2010 FAX (650) 591-4998 Mary Davey President Mid-Peninsula Regional Open Space District d y 4 p 330 Distel Circle Los Altos, CA 94022 Dear Mary, DIRECTORS I'm writing to ask you to join me in voting for David Altscher, our current Alternate Special District Member, to fill the vacancy on the Local Agency Formation Commission(LAFCO). LOUIS J.VELLA David is very well qualified for this job. He has served as our Alternate to PRESIDENT LAFCO for the past four years, attended every meeting and served us with integrity and with distinction. In addition to his four years as a LAFCO Alternate Commissioner, David has over 35 years experience in the utility industry and has served as a Director with the Mid Peninsula Water BETTY L.LINVILL District for more than 11 years; serving as the organization's President for VICE-PRESIDENT two terms. David is and has been a strong advocate for Special Districts; recognizing the invaluable contribution Special Districts make to their local communities and constituents while understanding and balancing the need DAVID ALTSCHER for responsible governance. I urge you to join me in voting for David Altscher for LAFCO Commissioner. Sincerely, MATTHEW P.ZUCCA r Louis J. Vella, President AL STUEBING Mid Peninsula Water District OFFICERS PAUL R.REGAN -.- CATHY REMELEH JANINE OTLAHERTY JOAN L.CASSMAN - GENERAL MANAGER DISTRICTSECRETARY ENGINEER ATTORNEY i From: David Sanguinetti Sent: Wednesday, June 02, 2010 12:37 PM To: 'dunkann cc hotmail.com' Subject: Bicycle Accident Response Dear Mr. Brown, I was sorry to hear about your accident. It sounds like your injuries won't affect your quality of life when you recover. I hope you are already on the mend. Thank you for your nice words about the District's Field Staff that helped you with your accident. I am sending your email out to their office and I know they will appreciate hearing about your satisfaction with our service. Even though it may be a while before you can ride our I hoe you will take the opportunity to hike them during your recovery. preserves, p y Pp Y � Sincerely, David Sanguinetti David T. Sanguinetti Operations tions 9 r Manager r DSanguinetti@openspace.org Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 -----Original Message----- From: Duncan and Ann Brown To: info(cDopenspace.org i Cc. Duncan &Ann Brown Sent: Monday, May 31, 2010 10:43 AM Subject: Mountain Bike Accident- Fremont Older-Sunday May 30 Gidday I just wanted to give my thanks to the Rangers and other District staff who - are and consideration Older yesterday the c responded to my accident m Fremont y Y given to me was excellent and their rapid arrival was appreciated. I have a broken collar bone and gravel rash, but am otherwise OK. I am not sure which ambulance service was called and I would like to thank the responder there also. Thanks again - I will be back riding in Fremont Older later in the year, probably travelling a little slower downhill, and probably avoiding going down the wall.. Regards Duncan Brown 6916 Maiden Lane i San Jose, CA 95120 408 997 3773 dunkann(cDhotmail.com i From: David Sanguinetti Sent: Wednesday, June 02, 2010 1:06 PM To: 'Happynhmb@sbcglobal.net' Subject: Midpeninsula Regional Open Space District use of Radar Dear Renee Bontempi, Thank you for your recent e-mail relaying your friend's comments regarding the District's radar program as it gives me the opportunity to educate both of you on the need for rangers to utilize radar to control bicycle speed. District rangers use radar as a tool to educate and enforce the District's 15 MPH speed limit of bicyclists on trails. The program was put in place as a result of complaints and concerns expressed by District visitors who have been scared by speeding bicyclists on District trails and fire roads. Currently the highest speed recorded was 44 miles per hour, which is incredibly dangerous to both the bicyclist and to other trail users. Sadly, we have had some very serious bicycle accidents on District trails, including a fatality and several life altering injuries. Most of the accidents are caused by excessive speed. These accidents frequently result in serious injuries, requiring in addition to District Rangers, the services of helicopter ambulances and other emergency response personnel. The program has been effective in reducing the number of bicycle accidents, and the safer atmosphere is appreciated by many users. In addition, once the word gets out rangers are actively using radar on a Preserve, bicyclists slow down to the legal speed. If you or your friend wishes further information, please feel free to contact me directly. Sincerely, David Sanguinetti David T. Sanguinetti Operations Manager DSanguinetti openspace.ora Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 P: (650) 691-1200 - F: (650) 691-0485 -----Original Message ----- From: Renee Bontempi To: in6 openspace.orq Sent: Tuesday, May 04, 2010 7:41 PM Subject: Friend with a good point.... When I told a friend about the radar on Blue Blossom trail Sunday his response was....Radar guns on the trail , and do they make the equestrian clean up after their horses that are leaving NON-Native grasses in an Open Space area? Give me a — — — — ing break! Just something I thought you should think about. A MidPen Fan Renee Bontempi HaPPYnhmb(a),sbcglobal.net