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Home My Public Portal About20130109 - Agenda Packet - Board of Directors (BOD) - 13-01 Midpeninsula Regional Open Space District Meeting 13-01 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday,January 9,2013 SPECIAL MEETING BEGINS AT 5:00 P.M. REGULAR MEETING BEGINS AT 7:00 P.m.* AGENDA 5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LEGAL COUNSEL—Government Code Section 54956.9(c) MROSD v. Chiocchi(Santa Clara Co. Superior Court,Case No. I I-2-CV-221622 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR—California Government Code§54956.8 Real Property: Santa Clara County APN 351-13-018 Agency Negotiator: Michael Williams,Real Property Manager Negotiating Parties: L. Shelly Eisaman Vice President/Senior Asset Manager,Well Fargo Wealth Management Under Negotiation: Price and Terms of Payment 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR I. Approve Minutes of the Special and Regular Board Meetings—October 17,2012 and December 12,2012 2. Approve Revised Claims Report 3. Approve Written Communications—G. Hughes 4. Annual Dedication of Certain District Lands and Dedication Status Report—S. Sommer 5. Authorization to Award a Contract to Ascent Environmental,Inc.,for Environmental Consulting Services for the Integrated Pest Management Program—C Roessler 7:05 CONSENT CALENDAR(CONTINUED) 6. Award of contract with John Northmore Roberts&Associates for Landscape and Civil Design Services for a New Staging Area at the Bald Mountain Trailhead in the Mount Umunhum Area of Sierra Azul Open Space Preserve—L.Bankosh 7. Authorization of Award a Contract to Knapp Architects,Inc.,to Prepare an Historic Evaluation,Conditions Assessment,Re-Use Feasibility Study,Mothballing Recommendations,and Public Outreach Plan to Support the District's Interim Capital Improvement Plan Objectives for the Historic Complex at the Hawthorn Property located within Windy Hill Open Space Preserve in Portola Valley,CA—G.Coony ADJOURNMENT TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING 7:10 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 1. Acceptance of the Controller's Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority—M. Foster 7:15 RECONVENE TO THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—OPEN SESSION 7:20 BOARD BUSINESS 8. Election of Board Officers for Calendar Year 2013—M.Radcliffe 9. Appointment of Action Plan and Budget Committee Members for Calendar Year 2013—B. President 10. Nomination of Independent Special District Representative and Alternate on the Santa Clara County Local Agency Formation Commission—S. Abbors I I Authorization to Award a Contract to Winegar Air Sciences,for Air Quality Monitoring at Rancho San Antonio Open Space Preserve—M.Baldzikowski 12. Authorization to Increase the Contingency for the Existing Contract Agreement with TKO General Engineering and Construction(TKO)for the Staging Area and Connector Trail Project at El Corte de Madera Creek Open Space Preserve—T. Hugg 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 information;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 ADJOURNMENT *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS rHE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion.Board members,the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. 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. C ERTI IA CATI ON OF POSTING OF ACENDA 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on January 4,2013,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://www.openspace.org. Signed this 41 day of January,at Los Altos,California. Q "R District Clerk January 4,2013 Claims No. 13-01 Meeting 13-01 Date 1/9/13 Midpeninsula Regional Open Space District # Amount Name Description 19171 $8,032.71 *1 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program District 19172 $5,890.80 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 19173 $5,048.23 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 19174 $4,925.00 California Special Districts Association Annual Membership Dues 19175 $4,911.54 Shute,Mihaly&Weinberger LLP Assistant General Counsel Consultant Services 19176 $4,350.00 Rosemary Cameron Consulting Services For Capital Finance Meeting 19177 $4,294.48 Sol's Mobile Service Vehicle Maintenance&Repairs 19178 $3,014.62 *2 San Mateo County Fire Service Fee-Coastside Protection Program 19179 $2,700.00 *3 Rosemary Cameron Consulting Services For Capital Finance Meeting 19180 $2,447.50 *4 The Creative Group Temporary Media Communication Specialist 19181 $2,322.22 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm Phase 111 19182 $1,919.86 Redwood General Tire Company Tires&Tires Installation 19183 $1,576.85 Metro Mobile Communications Radio Chargers/Radio For Patrol Truck/Repair Portable Radio 19184 $1,498.47 Telecommunications Engineering Configure&Install Radio Equipment At The Mountain View Associates Communications Center For New Radio System 19185 $1,350.00 *5 Pat O'Brien Consulting Services For Capital Finance Meeting 19186 $1,243.31 Stevens Creek Chrysler Jeep Dodge Vehicle Maintenance&Repairs 19187 $1,216.43 Grainger Field Supplies/Gloves/First Aid Bag/Flashlight Clamp Fire Extinguisher Signs/Casters For Fire Pumper Carts 19188 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 19189 $818.23 Acterra Native Plants For Pulgas Ridge Restoration Project 19190 $796.93 ADT Security Services Alarm Service-SFO 19191 $746.70 Summit Uniforms Uniform Expense 19192 $702.28 Tires On The Go Tires&Tire Repair 19193 $700.00 Aaron's Septic Tank Service Pumping Services-Deer Hollow Farm 19194 $700.00 Mark Thomas&Company ECDM Trail Survey-Plat Exhibit&Legal Description 19195 $613.17 Grand Prix ATV Maintenance&Service/Parts For Motor Bike/Parts For Mule 19196 $603.75 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys 19197 $600.00 Socialmentum On-Line Public Participation Toot For The Bay Trail Project 19198 $436.38 Silverman,Joel Reimbursement-Association Of Fire Ecology Conference Expenses 19199 $383.01 Simms Plumbing&Water Equipment Annual Water Heater Service-Rental Residence 19200 $382.00 California Water Service Company Water Service-AO&FFO 19201 $347.24 Tyco Integrated Security Alarm Service-FFO 19202 $343.79 Palo Alto Upholstery Maintenance Vehicle Seat Repair 19203 $323.91 G&K Services Shop Towel Service-SFO&FFO 19204 $309.15 Pro-installers Chimney Cap-Rental Residence 19205 $301.42 Gardenland Power Equipment Field Supplies/Pole Saw Carburetor/Fire Pumper Parts 19206 $295,00 All Star Glass Windshield Replacement For AO Vehicle 19207 $280.00 Brush Road Corporation Annual Road Assessment 19208 $272.05 AmeriGas Propane-Rental Residences 19209 $269.96 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 19210 $268.91 Ace Fire Equipment&Service Fire Extinguishers For Tractor&Patrol Truck/Service Fire Company Extinguishers In AD Vehicles 19211 $243.79 Neal,Holden Reimbursement-Uniform Expenses 19212 $229.20 Del Rey Building Maintenance Janitorial Supplies-AO 19213 $205.10 West Payment Center Monthly Information Charges&Subscription 19214 $178.97 CMK Automotive Vehicle Maintenance&Repairs Page 1 of 2 Claims No. 13-01 Meeting 13-01 Date 1/9/13 Midpeninsula Regional Open Space District # Amount Name Description 19215 $174.68 Sunnyvale Ford Vehicle Maintenance&Repairs 19216 $158.58 McKowan,Paul Reimbursement-Volunteer Supplies 19217 $138.00 Shelton Roofing Company Roof Repair-Rental Residence 19218 $111.69 Gempler's Tool Hangers For FFO 19219 $102.94 Cabela's Uniform Expense 19220 $93.80 Allied Waste Services Garbage Service-Rental Residences 19221 $84.59 O'Reilly Auto Parts Parts For Pumper/Parts For Power Tools FFO Shop Supplies 19222 $53.85 Miller, Ken Reimbursement-Uniform Expenses 19223 $40.00 Greeninfo Network Web Hosting Fee For Preserve Finder Web Tool 19224 $28.35 United Parcel Service Parcel Shipping 19225 $26.25 Rayne Of San Jose Water Service-Fremont Older 19226 $21.88 JaVelco Equipment Service Hardware Kit For Compactor 19227 $20.58 Cotterel,Scott Reimbursement-Uniform Expense 19228 $16,94 Paterson, Loro Reimbursement-Uniform Expense Total $70,337.09 *1 Urgent check issued 1/4/12 *2 Urgent check issued 1/4112 *3 Urgent check issued 1/3/13 *4 Urgent check issued 12/21/12 *5 Urgent check issued 12/21/12 Page 2 of 2 Claims No. 13-01 Meeting 13-01 Date 1/9/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19171 $8,032.71 -1 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program District 19172 $5,890.80 The Ferguson Group Legislative Consultant-Lobbyist For Mt. Umunhum 19173 $5,048.23 Fall Creek Engineering Design&Engineering Services For Ponds DR07&DR08 At La Honda Creek 19174 $4,925.00 California Special Districts Association Annual Membership Dues 19175 $4,911.54 Shute,Mihaly&Weinberger LLP Assistant General Counsel Consultant Services 19176 $4,350.00 Rosemary Cameron Consulting Services For Capital Finance Meeting 19177 $4,294.48 Sol's Mobile Service Vehicle Maintenance&Repairs 19178 $3,014.62 *2 San Mateo County Fire Service Fee-Coastside Protection Program 19179 $2,700.00 *3 Rosemary Cameron Consulting Services For Capital Finance Meeting 19180 $2,447.50 *4 The Creative Group Temporary Media Communication Specialist 19181 $2,322,22 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm Phase III 19182 $1,919.86 Redwood General Tire Company Tires&Tires Installation 19183 $1,576.85 Metro Mobile Communications Radio Chargers/Radio For Patrol Truck/Repair Portable Radio 19184 $1,498.47 Telecommunications Engineering Configure&Install Radio Equipment At The Mountain View Associates Communications Center For New Radio System 19185 $1,350.00 *5 Pat O'Brien Consulting Services For Capital Finance Meeting 19186 $1,243.31 Stevens Creek Chrysler Jeep Dodge Vehicle Maintenance&Repairs 19187 $1,216.43 Grainger Field Supplies/Gloves/First Aid Bag/Flashlight Clamp Fire Extinguisher Signs/Casters For Fire Pumper Carts 19188 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill 19189 $818.23 Acterra Native Plants For Pulgas Ridge Restoration Project 19190 $796.93 ADT Security Services Alarm Service-SFO 19191 $746.70 Summit Uniforms Uniform Expense 19192 $702.28 Tires On The Go Tires&Tire Repair 19193 $700.00 Aaron's Septic Tank Service Pumping Services-Deer Hollow Farm 19194 $700.00 Mark Thomas&Company ECDM Trail Survey-Plat Exhibit&Legal Description 19195 $613.17 Grand Prix ATV Maintenance&Service/Parts For Motor Bike/Parts For Mule 19196 $603.75 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys 19197 $600.00 Socialmentum On-Line Public Participation Tool For The Bay Trail Project 19198 $436.38 Silverman,Joel Reimbursement-Association Of Fire Ecology Conference Expenses 19199 $383.01 Simms Plumbing&Water Equipment Annual Water Heater Service-Rental Residence 19200 $382.00 California Water Service Company Water Service-AO&FFO 19201 $347.24 Tyco Integrated Security Alarm Service-FFO 19202 $34379 Palo Alto Upholstery Maintenance Vehicle Seat Repair 19203 $32191 G&K Services Shop Towel Service-SFO&FFO 19204 $309.15 Pro-Installers Chimney Cap-Rental Residence 19205 $301.42 Gardenland Power Equipment Field Supplies/Pole Saw Carburetor/Fire Pumper Parts 19206 $295.00 All Star Glass Windshield Replacement For AO Vehicle 19207 $280.00 Brush Road Corporation Annual Road Assessment 19208 $272.05 AmeriGas Propane-Rental Residences 19209 $269.96 Burrellesluce Media Contacts For Press Releases&E-Clipping Service 19210 $268.91 Ace Fire Equipment&Service Fire Extinguishers For Tractor&Patrol Truck/Service Fire Company Extinguishers In AO Vehicles 19211 $243.79 Neal, Holden Reimbursement-Uniform Expenses 19212 $229.20 Del Rey Building Maintenance Janitorial Supplies-AO 19213 $205.10 West Payment Center Monthly Information Charges&Subscription 19214 $178.97 CMK Automotive Vehicle Maintenance&Repairs Page 1 of 3 Claims No. 13-01 Meeting 13-01 Date 1/9/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19215 $174.68 Sunnyvale Ford Vehicle Maintenance&Repairs 19216 $158.58 McKowan,Paul Reimbursement-Volunteer Supplies 19217 $138.00 Shelton Roofing Company Roof Repair-Rental Residence 19218 $111.69 Gemplef's Tool Hangers For FFO 19219 $102.94 Cabala's Uniform Expense 19220 $93.80 Allied Waste Services Garbage Service-Rental Residences 19221 $84.59 O'Reilly Auto Parts Parts For Pumper/Parts For Power Tools FFO Shop Supplies 19222 $53.85 Miller, Ken Reimbursement-Uniform Expenses 19223 $40.00 GreenInfo Network Web Hosting Fee For Preserve Finder Web Tool 19224 $28.35 United Parcel Service Parcel Shipping 19225 $26.25 Rayne Of San Jose Water Service-Fremont Older 19226 $21,88 JaVelco Equipment Service Hardware Kit For Compactor 19227 $20.58 Cotterel,Scott Reimbursement-Uniform Expense 19228 $16.94 Paterson, Loro Reimbursement-Uniform Expense 19229 R $15,829.51 Shute,Mihaly&Weinberger Assistant General Counsel Consultant Services 19230 R $12,243.06 Home Depot Field Supplies/FFO&SFO Shop Supplies/Back Up Generator For SFO/Supplies For Generator Repairs-Rental Residence/ Supplies For SAO Water System/Supplies For Annex Electrical Repair/Map Box Replacement At Purisima Creek Redwoods 19231 R $7,187.50 Minh Le Leadership Consulting Services 19232 R $6,032.79 Thornton Electric Company Electrical Repairs At AO 19233 R $5,793,75 Phytosphere Research Sudden Oak Death Research&Management Services 19234 R $5,053.00 Mayne Tree Expert Treat Trees-Disease Prevention At RSA,ECDM&Los Trancos 19235 R $3,081.57 Peterson Tractor Company Dump Truck Repairs 19236 R $2,977.32 Accountemps Accounting Temp 19237 R $2,000.00 Normal Data Consulting Services-Permits Database Work 19238 R $1,650.00 Pat O'Brien Consulting Services For Capital Finance Meeting 19239 R $1,334.04 Mary G.M. Hohenberg Contribution For Irish Ridge Road Repairs 19240 R $1,235.42 AmeriGas Propane-Rental Residences&SFO 19241 R $1,140.00 Ideal Restoration Environmental Cleaning Services-Rental Residence 19242 R $1,000.00 California Pension Group Public Pension Consulting Services 19243 R $953.10 *6 TKO General Engineering& Construction Services For ECDM Staging Area&Connector Trail Construction 19244 R $950.01 West Coast Aggregates Rock For Toto Ranch Road Repairs 19245 R $900.00 Butano Geotechnical Engineering Geotechnical Services-Updated Drawings For Silva Property Driveway Design 19246 R $838.53 Marcucci Heating&Air Conditioning Supplies For HVACRepair At SFO 19247 R $748,25 Office Depot Office Supplies/File Dividers Planners/Labels/Markers Surge Protectors/Calendars Binders/Mailing Supplies/Key Rack/Desk Pad/Tape Dispensers 19248 R $657.95 Langley Hill Quarry Rock For Driveway Repairs-Rental Residences 19249 R $583.62 Pine Cone Lumber Air Compressor/Supplies For Wall Repair At SFO 19250 R $550.22 United Site Services Sanitation Services-Sierra Azul&Fremont Older 19251 R $542.10 Life Assist First Aid Supplies 19252 R $510.36 Roto-Rooter Services Company Plumbing Repairs-AO 19253 R $483,04 Orchard Supply Hardware Field Supplies/Batteries For SAO Electric Gate/Rainboots For Ranger/Smoke Alarm For Rental Residence/Pesticide For FFO /Supplies For Rental Residence/FFO Shop Supplies Pressure Gauge For SFO 19254 R $388.00 Rice Trucking-Soil Farm Rock Delivery For Toto Ranch Road Repairs 19255 R $37913 Recology South Bay Dumpster Service-RSA 19256 R $375.00 Glasser Kolly Labor Relations Consultant Services-Labor Relations&Negotiations Page 2 of 3 Claims No. 13-01 Meeting 13-01 Date 1/9/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19257 R 1117*10 New World Systems Integrated Accounting And Financial System Software- Implementation Services 19258 R $320.00 Del Rey Building Maintenance Cleaning Services-Rental Residence 19259 R $300.00 Liebert Cassidy Whitmore Legal Services-Labor Negotiations 19260 R $268,99 FedlEx Shipping Charges 19261 R $231.76 Roessler,Cindy Reimbursement-Mileage&Cell Phone 19262 R $119.21 Highway Technologies Supplies For AO Parking Lot Restripe 19263 R $111.42 California Water Service Company Water Service-Rental Residence 19264 R $110.00 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 19265 R $105.83 San Jose Water Company Water Service-Rental Residence 19266 R $104.40 Jurich,Michael Reimbursement-Permit Fee For Rental Residence Furnace Replacement 19267 R $1 00.00 Santa Clara County Special District Annual Membership Dues Association 19268 R $93.29 Allied Waste Services Garbage Service-Rental Residences 19269 R $92.32 Beckman,Craig Reimbursement-SFO Shop Supplies 19270 R $80.11 *7 California Water Service Company Water Service-Rental Residence 19271 R $68.50 ## California Water Service Company Water Service-Hawthorn Property 19272 R $67.50 Shelterbelt Builders Consulting Services-Pest Control Recommendations&Pesticide Safety Training 19273 R $35.71 R.E. Borrmann's Steel Company Supplies For Monte Bello Gate Modification 19274 R $4.17 O'Reilly Auto Parts Vehicle Supplies Total $148,306.17 *1 Urgent check issued 1/4/12 *2 Urgent check issued 1/4/12 *3 Urgent check issued 1/3/13 *4 Urgent check issued 12/21/12 *5 Urgent check issued 12/21/12 *6 Urgent check issued 1/4/13 *7 Urgent check issued 1/8/13 ## Hawthorn expenses Page 3 of 3 �f i Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: January 4, 2013 Re: Written Communications l From: � To: BOA@D;Qcjj�;Vicky Gmu;General Information � Subject: zu/uVzo12'oanwvohes@eanhnnkoet-Contact Board � Date: mononv' December m.m12o:o9:*vmw � � First Name: Gary � Last Name: Hughes � � Email Address: garyhughes@earthlink.net yo/'.my Ward / Location: Santa Cruz � Comments: Dear Directors, � � % recently received a ticket for riding my bicycle onatrail that is not approved by your agency. I � am writing to tell you that this kind of punishment is meaningless, and IviU continue to ride my bike w�� I�� e�rI�� T� $�� Iam �� is b� �w�� make me ��er� l � ' . ' knew that the money was going to be used to improve the parks. Iam afraid that instead, it will go into � the pocket of some fat'assed chair jockey. � There is no chance whatsoever that the rules you make will keep the people who paid for and own the parks from using them in the manner that they see fit. In the example of mountain bikers, there are � too many for you to have any effect. The only answer is for you to give up and open the trails to bikes, horses, and whoever else wishes to use the land that we all collectively own. The future will show that itis impossible to enforce your rules, you do not have the manpower or the technology. Let's look at a few things that are, likely, in your future. � l don't own a cell phone, they are incredibly annoying to me, but almost every other |d I know has smart phone. You can expect that every ranger truck in your system, and other systems will be � implanted with GPS microchips. There will be a cell phone network that will identify the position of every one of your trucks. This of protection against authority has been proven by the Mexican Mafia, and you can see how effective the Mexican government has been in fighting them, not at all. l suggest you begin to inspect your trucks dbc it has already occurred, it's so easy and cheap. Electric motorcycles and electric mountain bikes. They are quiet and light enough ho boost over a barricade. I am no fan of motorcycles, never owned one. l prefer to pedal, but you can be assured that every person that owns one of machines will know someone that can tell them that there is no night pebn| in your parks. Mountain bikers will eventually turn to these machines unless they are allowed to � ride as they wish. Sounds Wnda fun, doesn't it? Vnomm000m! Oh, sorry, they are silent. Night riding is more viable than ever. There are bike lights that last up to seven hours. You will never have the manpower and resources to effectively patrol your parks at night. Sure, you can give ticket here and there, but your enforcement will never be effective. I know dozens of night riders and not single one of them is concerned with your rules. They will do as they wish. Gmxj luck trying to stop them. My friend got ticket for bringing his dog on the trails. You can be assured, that dog has run trails since the ticket was received. He isn't as quick of a thinker, but here is what l would have done if I were he, (asl have no dog). When confronted by ranger when you are with your dog, there isa simple way to avoid a ticket. Simply pick the dog up, tell the dog how much you will miss it, and inform the ranger that that if ticketed, you will choke the dog to death in front cfsaid ranger. The ranger that wrote that ticket is a woman. l know no woman who will watch a dog die if it can be prevented, and the ensuing nightmares that would occur from seeing such a thing are much stronger than the desire to write a citation. You have to fight fire with greater fire, and use your wits ifyou wish to fight oppression, which seems to be the only raison d'etre of your rangers. They simply exist to tell people not to do things. I suggest you give up your feeble attempts to enforce rules that are wrong and unenforceable. We all will be happier in the long run, you can have happy, healthy naps in the ranger hut while we ride our bikes in the woods. DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION � Dear Mr. Hughes, � � I am writing in response to your e-mail dated December 10, 2012, regarding a citation you received for � bicycle riding on the Craig Britton Trail. Based on our citation records,you were contacted and cited on � November 7,2012, by Ranger Stanton for riding a bicycle on the Craig Britton Trail at Purisima Creek � � Open Space Preserve. I understand by your response,you do not agree with the restrictions the District � has placed on some trails that exclude bicycles,and that you plan to continue to ride on those trails regardless ofthe fines imposed by the courts. Based on your other comments, it would appear that my response is probably not going to satisfy your � view of what is appropriate bicycle use. However, itis still important for you to know that the District's � Board of Directors takes the proceasofdecidin�vvherebicydeuseiso||ovvedwithin0strictPvesen/es � � � � very seriously. In the late 1990s,the District's Board of Directors went through a long public process designed to place appropriate parameters on the different types of trail use opportunities available to � � visitors. The District has four primary types of approved trail use that our visitors come to enjoy based on the District's Mission Statement "To acquire and preserve a regional greenbelt of open space land in � � perpetuity,protect and restore the natural environment, and provide opportunities for ecologically � sensitive public enjoyment and education." Those uses include hiking, horseback riding, bicycling, and � dog walking. |n order to provide oppo�un�iesfor each of these uses'vxhi|ealso managing the potenda| � � � � impacts on the natural resources and the user conflicts,the Board has set parameters that provide � � mLrateRicaUylocated opportunitiesthrouKhoutthe Di�rict Hiking � � � � open to the public because b has the least impact un the environment. Horseback riding and bicycling � are � � � � the affect they can have onwildlife. In the case of the Craig Britton Trail,there were two important factors that resulted in not only the � exclusion of bicycles, but horses aswell. The site conditions that restricted the hiking only designation include: a narrow trail width and the close proximity to the creek, heightening the need to prevent trail � � shoulder damage and increased soil erosion and siltation of the creek. Dogs were not considered for � � this trail since the entire Preserve is closed tm dog use. � � � It is my hope that you will reconsider your resistance to the rules that apply on District trails and comply � with our regulations. However, if you choose to continue to violate District regulations,contact by our � � ranger staff will continue to result in citations and fines for failure to comply with those regulations. � � � Sincerely, � � � � Curt Riffle, Board President � yNidpeninsu|a Regional Open Space District � � � Midpeninsula Regional • ' Open Space District R-13-02 Meeting 13-01 January 9, 2013 AGENDA ITEM 4 AGENDA ITEM Annual Dedication of Certain District Lands and Dedication Status Report GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution dedicating interests in certain specified Midpeninsula Regional Open Space District(District) lands for public open space purposes. SUMMARY Once each year, the District selects certain properties and land interests for dedication. B doing Y p p Y g so, the District voluntarily eliminates its ability to sell or otherwise convey these properties without voter consent, except under very narrow circumstances. These narrow statutory exceptions permit exchanges of dedicated land of equal or greater open space value not exceeding 40 acres in a calendar year, and the transfer of land to another government agency on condition that the land continue to be protected as open space in perpetuity. Of the 61,837 acres preserved by the District, 2,034 acres include property rights that prevent these lands from being dedicated, such as leases and management agreements, leaving 59,803.58 acres of marketable interests in land. Of this amount, 40,569 acres (68%) are dedicated and 19,234 acres (32%) remain undedicated. Upon adoption of the attached recommended resolution dedicating 89 additional acres, 40,658 acres(68%)of marketable acres would be dedicated and 19,145 acres (32%)would remain undedicated. DISCUSSION The distinction between dedicated and undedicated District land is best understood in the context of the District's enabling legislation, Public Resources Code Section 5540, which provides in part that"A district may not validly convey any interest in real property actually dedicated and used for park or open space, or both, purposes without the consent of a majority of voters..." Since the District's formation, its Board of Directors (Board)has, by adopted policy, followed the practice of expressly dedicating lands for open space purposes on an annual basis by Board resolution after receiving a suitability evaluation for dedication of the lands. Retaining certain lands in undedicated status affords maximum flexibility to proactively preserve threatened open space resources, negotiate real estate transactions, resolve encroachments and boundary disputes, undertake preserve planning, and enter into government funding partnerships. In this way, the District retains its creative ability to acquire land and assemble open space preserves in a manner that best serves the public, while avoiding unnecessary expenditures of public tax dollars. R-13-02 Page 2 In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986, (see Report R-86-03), "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other possible changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Per the Dedicated Lands Policy, an Annual Report indicating the status of District lands as dedicated or undedicated is to be presented in December or January of each year, and formal dedications are made by the Board based on the recommendations put forth in the annual report. During the year, the Board's use and management planning process for each specific parcel or preserve includes a determination whether to indicate an intention to dedicate certain interests in land, such as fee title or easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new land purchase is approved, this does not mean that the property would necessarily be dedicated the following December, because it is usually prudent to wait until the Master Plan or Comprehensive Use and Management Plan for the entire Preserve is adopted or reviewed. Another factor to consider is whether a partner granting agency, such as the California Coastal Conservancy, has required the District to dedicate a grant funded property as a condition of a grant. Dedication Status Summary The attached Dedication Status Summary Report gives a summary of the current dedication status of District preserves. Only those parcels for which transactions have closed escrow and title has passed to the District on or before December 31, 2012, are included in the acreage totals. The interests in land that the District holds; i.e. fee title, easement, or other(lease, management agreement, etc), are listed for each category. Rights of first refusal and/or reversions to the District are not included. The District holds interests in 61,837 acres of land; made up of 56,913 acres in fee, and 4,924 acres in lesser interests. The District added 1,877 acres in fee and 78 acres of lesser interests in 2012. These newly conserved lands have an appraised value of $16,757,600, and cost the District$8,720,216. Grants and Gifts associated with these purchases totaled $8,044,000. Recommended Dedications (see maps) The following recommended dedications are a result of staffs site-specific analysis of issues, such as planning status, use, appropriate preserve boundary configuration, access and other relevant factors: El Corte de Madera Creek Open Space Preserve Former Gallaway and Sempervirens Fund(Largomarsino)properties: Purchased in 2012, the Gallaway and Sempervirens Fund (Largomarsino)properties total 89.48 acres as an addition to El Corte de Madera Creek Open Space Preserve (OSP). The properties consist of three parcels characterized by mountainous, forested terrain that support old growth redwoods. A grant from the Living Landscape Initiative assisted the District's purchase. Recommendations for Later Dedication The majority of the District's undedicated land falls within two open space preserves: 2,465 acres at La Honda Creek OSP and 13,450 acres at Sierra Azul OSP. The Master Plan for La Honda Creek OSP was completed in 2012,but detailed trail design and agricultural site R-13-02 Page 3 improvements are still underway. The Master Plan for Sierra Azul OSP has been deferred and the Mount Umunhum cleanup and public access project could potentially affect dedication preferences in the Mount Umunhum Area of Sierra Azul OSP. Staff recommends deferring the remaining dedications until these project tasks are completed. FISCAL IMPACT There are no costs associated with dedication. BOARD COMMITTEE REVIEW Board Committee review of this agenda item is not required. PUBLIC NOTICE Public notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE This action is not a project that subject to the California Environmental Quality Act. NEXT STEPS None to report. Attachments 1. Resolution 2. Dedication Status Summary Report 3. Map Responsible Department Manager: Mike Williams, Real Property Manager Prepared by: Sandy Sommer, AICP,ASLA, Senior Real Property Planner Contact person: Same as above Graphics prepared by: Michelle Lanctot, GIS Intern RESOLUTION NO. 13-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown herein, except for density credits on such lands, if any. Board Approval Closing Property Ope n Space Pre s e ry e Grantor Date Date Acreage Interest Cty APN El Corte de Madera Creek Gallaway 5/23/2012 9/5/2012 58.70 Fee SM 08 1-I W-080,08 I-I W-160 El Corte de Madera Creek Sempervirens Fund(Largonrarsim) 5/23/2012 6/15/2012 30.78 Fee S M 081-100-040 TOTAL 89.48 Dedication Status Summary Report Fee,Easements and Other] Fee Acreage Easements on Private Land Easements on Public Land tease coninb y Diner l .1"' Manage- iron Only Interest Preserve _ �rest Ued Acre-dedicas Acres I Dedicated �Undedicaatt-� Intended Dedicated jndedicaatt- In Dedicated Undediceadt-� Intended meat _ Bear Creek Redwoods 11 .15 7t,4 1431A9 1,355.15 74,61 74.30 0.00 1.93 1.20 ( OM 0,00 0.001 0.00 0.00 0,00 Briggs Creek too fAD 1.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0,001 0.00 0,00 Coal Creek •14 1,20 W,048 507.18 0,00 0.00 0.00 0.00 0.0o 0.00 0.00 0.00 0.00 0.00 1.20 Costanoan Way 00 '044 trsre 0,00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i Edgewood County Park 4WO 460.00 0,00 0.00 0.00 0.00 0.00 0.00 ass.00 0.00 0.001 0.001 0.00 0.00 El Corte de Madera Cre 1 i 2,812,79 9328 0.00 0.00 0.00 0.00 ; 0.00 0.00 0.00 o.001 0,0011 0.00 El Sereno 210, 1, 1.392.83 20.63 0.00 0.12 0.35 0.00 0.00 0.00 0.00 0.00) 0.00 OM Felton Station 0,00 43.21 0.00 0.00 0.00 0.00 o.00 0.00 0.00 0.001 0.00 0.00 Foothills 244z 40 211. 1 211_28 0.00 0.00 0.00 0.40 0.00 0.00 0.00 0.001 0.00� 0.00 j 0.00 Fremont Older MOO 4M MIM 735.09 0.00 0.00 0,00 4.00 0.00 ! 0.00 0.00 0.00 0.00, o.00 o.00 I G.G.N.R.A. 0.00 1. , . 1 ,2t1 o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0,00i 1,227.26 0.00 � I La Honda Creek Z41114A VW001 3,294.92 2,464.56 2,397.35 0.17 0.00 0.00 0.00 0.38 O.00 0.00 0.00 0.00 Long Ridge 1 t,928.4t 39.79 0_aO 13.15 0.00 0.00 0.00 0,00 0.00 39.33 O.00I 14.01 9 g 1 Los Trancos t' 274.31 0,00 0.00 0.00 0.00 0.00 0.00 oAo 0.00 0.00 0.00 0.00 Miramontes Ridge illw 991.63 724.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Monte Bello 11 ti1 t it" Uno 3,118.02 40.40 0.00 0.00 24.90 24.90 0.00 0.00 0.00 85.37 0.00 8.90 Wednesday,December 05,2012 Page 1 of 2 Fee,Easements and Other' Fee Acreage Easements on Private Land Easements on Public Land 'Lease and rcontribu- Other Manage- iron Only Interest - ( a at Total Dedicated Undedicat--J d Preserve � U Intended Dedicated( Undedicaatt. Intended! Dedicated Unded eat( Intended merit ----- Dedicated _� ed Acres ( i..._ _.. ! ( �I i Moody Gulch 1131 O00 000 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00i 163.861 0.00 Picchetti ( 307,89 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00! 0.00I 0.00! 0.00 Pulgas Ridge _ 365.78 0.00 0.00 0.00 0.00 0.00 OM 0.00 0.0 j 0.o0 OMj 0.10 Purlsima Creek %70 4,7%,89 1 3,742.23 968,56 84.15 0.00 0.00 0.00 0.00 0.00 0.001 0.00: 0.00 0.10 Rancho San Antonio ! 2,178.53 1,20 0.00 1,515.36 0.50 0.00 0.00 OM 0.00 292.851 0.00 0.00 Ravenswood 37,111t 4.33 M.00 273.67 0.00 0.00 0.00 1.45 0.00 0.00 2.88 0.00 98.00! 0.00 0.00 2,91's 221„ 313?.!"m2 2,915.63 215.69 97.89 0.00 0.00 0.00 ' 0.00 0.00 0.00 0.00 0.00 6.00 Russian Ridge � i i Saratoga Gap 1,411,57 198A1 1,007.98 1,345.57 196A1 0.00 0.00 0.00 0.00 66.00 0.00 0.00 0.001 0.00 0.00 Sierra AZul 1.41 1 3 ISA1.34 4,940.99 13,225.46 1,634.41 68.42 30.44 20.25 372.00 0.00 0.00 192.80 0.00 1.24 1 + 2 ;42. 2,051.53 10,0o o.00 Sos7 0.00 0.00 D.00 o.00 o.00( o.00 o.00 o.00 Skyline Ridge zl St.Joseph's Hill 2010 Z50 270,14 173.64 0.00 0.00 94.00 2.50 0.00 0.00 0.00 0.001 0 00 0.00 0.00 Steven's Creek Shorelin 54d'A •74 53.74 0.00 0.00 1.00 0.00 0.00 0.00 0.00 0.00 I 0.00' 0.001 0.00 i Teague Hill2-34 MA4 623.76 238 2.38 0.00 0.00 OM OM0.00 0.00! 0.00: 0.001 0.00 Thornewood 16&77 15222 0.00 0.00 4.55 10.00 0.00 0.00 0.00 0.001 0.001 0.001 0.00 i Tunitas Creek �A# 962A 1; 97 707,48 952.49 0.00 0.00 0.00 0.00 1 0.00 0.00 0.001 0.00 0,00 0.00 Windy Hill 1�^tlR 71 1413• 1,304.49 80.7t 78.71 5.79 OM 0.00 23.00 0.00 O.Oo 0.00� 0.00 0.00 40,569.48 21,267.80 61,837.29 37,758.95 19,154.37 4,369.19 1,783.53 76.47 46.35 929.00 3.26 0.00 !. 708.35 1,391.12 32.24 Pi Nft EIp kft MMM M hre'NOW NO By DOW Wednesday,December 05,2012 Page 2 of 2 .+ n.Wate • _ 0 Rgtlwo -Citj! CYO` wetca' v. . tljltt`ib \l Alcbtl ••. Sunnyvale • • / '¢'• Russian •Cupertino . * R i O S'P nur ti .l lop I� • • { Proposed p w.. jr Dedication _J•' °tea u �• r RO,o v 0 Property Proposed for Dedication: El Corte de Madera Creek Open Space Preserve Midpeninsula Regional Open Space District Highlighted Property watershed Land Other Public Agency (MROSD) MROSD Preserves Private Property Land Trust ' ° en Space January, 2013 Other Protected Open p Partial MROSD Ownership Developed Land a Miles . . or Park Lands 0 0.35 0.7 DedlcatbnfCDM_Boetd Vackel 8".mrd- V While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features. i i I Midpeninsula Regional �OPENOpen Space District R-13-06 Meeting 13-01 January 9, 2013 AGENDA ITEM 5 AGENDA ITEM Authorization to Award a Contract to Ascent Environmental, Inc., for Environmental Consulting Services for the Integrated Pest Management Program GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a contract with Ascent Environmental, Inc., of Sacramento, CA in the amount of$303,947 to prepare an Integrated Pest Management program and associated environmental review documents. SUMMARY Expertise in pest management and associated environmental review are needed to develop an Integrated Pest Management(IPM) Program to guide work on District preserves and in District buildings. A Request for Qualifications and Proposals was issued to selected biological and environmental consulting firms; five proposals were received. After a thorough review of the proposals, staff recommends awarding m the contract to Ascent Environental Inc. Ascent of Sacramento, California. Ascent has extensive experience preparing environmental reviews and has a team of subconsultants who are experts in the careful and efficient management of plant and animal pests in park and wildland environments. DISCUSSION Background Stewardship of District lands, structures, and facilities necessitates the management of many types of pests, including invasive plants, feral pigs, stinging insects, rodents, and ants. A formal Integrated Pest Management(IPM)Program will ensure consistent staff implementation of best management practices and sound decision making as these types of activities are carried out, as well as allow the District to communicate this to the public while ensuring that the work is conducted in a safe and efficient manner. The fundamental goal of IPM is to use the least toxic pest management techniques to achieve acceptable levels of pest control. Consultant Selection A Request for Qualifications and Proposals was issued on October 22, 2012 to 18 consultants with expertise and prior experience in pest management and environmental review. Five R-13-06 Page 2 proposals were received on November 19, 2012 as listed below in ascending order of cost: Firm Location Cost Proposal TRA Environmental Sciences, Inc. Menlo Park $282,415 Baefsky&Associates Orinda $293,493 Panorama Environmental, Inc. San Francisco $299,653 URS Corporation Oakland $299,864 Ascent Environmental Sacramento $303,947 Ascent Environmental, TRA Environmental Sciences, Inc., and URS Corporation were invited to present their proposals in detail to a review committee on December 7, 2012. Ascent assembled the best team with expertise in both the application of IPM techniques in wildland environments and environmental review. Ascent's subconsultants have also successfully worked together on other vegetation management projects for regional park agencies. FISCAL IMPACT The District's FY2012-13 Budget for the IPM Program is $80,000 and the projected FY2013-14 Budget for the project is $280,000. The contract with Ascent Environmental for development of the IPM Program and completion of an Environmental Impact Report is $303,947 across two fiscal years. BOARD COMMITTEE REVIEW No Board Committee review was required for this portion of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE The scope of services for this contract will include completion of an Environmental Impact Report to comply with the California Environmental Quality Act. NEXT STEPS Upon Board approval, the General Manager will be authorized to enter into a contract with Ascent Environmental, Inc., to provide professional consulting services to develop an IPM Program and environmental review. Responsible Department Head: Kirk Lenington,Natural Resources Manager Prepared by: Cindy Roessler, Senior Resource Management Specialist Contact person: Same Mid peninsula Regional • ' Open Space District R-13-03 Meeting 13-01 January 9, 2013 AGENDA ITEM 6 AGENDA ITEM Award of contract with John Northmore Roberts &Associates for Landscape and Civil Design Services for a New Staging Area at the Bald Mountain Trailhead in the Mount Umunhum Area of Sierra Az Open u 1 Preserve Space p ac GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with John Northmore Roberts & Associates(JNRA) for$82,000, with a 16% contingency of$13,000, for a total amount not to exceed $95,000, to provide design services to complete the engineering and contract documents for the new Bald Mountain staging area, which is a Board-approved component of the Mount Umunhum Environmental Restoration and Public Access Project. SUMMARY A qualified landscape architect and ci vil engineer team is needed to complete the design and engineering plans for a new staging area at the Bald Mountain trailhead, off Mt. Umunhum Road within Sierra Azul Open Space Preserve. The staging area is expected to accommodate between 30 to 40 cars, and include a pedestrian crossing of Mt. Umunhum Road, a vault restroom, trailhead signage, split-rail fencing, gates, and other standard District amenities. This staging area would serve Bald Mountain Trail, Barlow Road, and a future trail to the Mount Umunhum summit, for which planning is underway. A grant application has been submitted to the California Coastal Conservancy(Conservancy) in partnership with the Bay Area Ridge Trail (Ridge Trail), for construction costs associated with the staging area. If the grant funds are awarded to the District, these costs for design and permitting would qualify as a portion of the District's cost match associated with the grant. DISCUSSION The District Board of Directors(Board) approved the Bald Mountain Staging Area as a component of the Mount Umunhum Project in October 2012 (see Report R-12-91). At that time, the Board directed staff to proceed with staging area design. The staging area will provide parking and amenities to hikers, bikers, and equestrians wishing to access the Mount Umunhum summit via a new multi-use trail, which is expected to be constructed in summer 2015 and be made available for public use in summer 2016. R-13-03 Page 2 The new Bald Mountain staging area will occupy both sides of Mt. Umunhum Road, approximately 1.7 miles from its intersection with Hicks Road, and approximately 3.3 miles from the road's terminus at the former Almaden Air Force Station (refer to Attachment A). This location is adjacent to gates SA07 (Bald Mountain trailhead) and SA08 (on Mt. Umunhum Road). A preliminary review of the existing natural saddle topography indicates that the primary parking lot will be on the south side of the roadway, most likely at the Bald Mountain trailhead, with American with Disabilities Act(ADA) accessible parking, restroom, and drainage control facilities on the north side, at the base of the future trail to the summit of Mount Umunhum. The separation and arrangement of amenities will require a pedestrian crossing across Mt. Umunhum Road. Pending final design, the existing gate SA08 is expected to move slightly uphill to accommodate the pedestrian crossing, line of sight, and patrol needs for the new staging area configuration. Vehicle access would remain restricted beyond gate SA08. Consultant Selection In July 2011, the landscape architecture firm John Northmore Roberts & Associates(JNRA) and San Jose-based civil engineer Bak Zuhdi were one of ten consultant teams deemed qualified to provide design and engineering services for the Mindego Gateway staging area. Following a rigorous evaluation process, this team was ultimately selected and has provided creative, practical, and highly responsive service well within the project budget. According to the District's Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy(Revised January 27, 2010), staff may select a consultant from the current list of pre-qualified consultants for the performance of the same professional services, provided that the prior determination of qualification occurred within two years. Based on their exemplary service on the Mindego Gateway staging area, staff recommends selecting the JNRA and Bak Zuhdi team to design the Bald Mountain staging area. Since the mid-I 980s, JNRA has provided design services for neighborhood, community, regional, and national parks throughout the San Francisco Bay Area, and has also designed streetscape improvements, creek restorations, trails, historic facility restorations, community facilities, and public gardens. Topographic design(grading and drainage) is one the firm's strong points, and will be critical in the Bald Mountain staging area project. The proposed budget of$82,000 with a $13,000 contingency is well within the expected design cost range for a construction project of this size, and the consultant team is expected to create a staging area worthy of this world-class and highly anticipated public facility. FISCAL IMPACT The FY2012-13 mid-year adjusted budget includes $55,000 for implementation of the Project, which is sufficient to pay for the design of the new Bald Mountain staging area and geotechnical surveys through the end of this fiscal year. The FY2013-14 budget is expected to include sufficient funds to complete the design and engineering. At the request of the Conservancy, staff submitted grant application materials in November 2012 for funding totaling$1,000,000 for staging area construction, construction of the trail linking the staging area to the summit of Mount Umunhum, and summit amenities including benches, interpretive trails and signage, and environmental restoration. This grant application is expected to be considered for approval by the Conservancy Board of Directors at their meeting on February 14, 2013. R-13-03 Page 3 BOARD COMMITTEE REVIEW Board Committee review of this agenda item was not required and staff has,on several occasions, informed the Board of the Conservancy grant opportunity. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Pursuant to the California Environmental Quality Act(CEQA), the Midpeninsula Regional Open Space District(MROSD), as lead agency, approved the final portion of the Mount Umunhum Environmental Restoration and Public Access Project and adopted the Final Environmental Impact Report(FEIR) including a Mitigation Monitoring Plan(MMP) on October 17, 2012, which included findings that all potentially significant impacts from the project were either avoided or mitigated, and no findings of overriding consideration were required. On October 23, 2012, MROSD filed its Notice of Determination with the County Clerk of Santa Clara County. No challenges to the project were made. NEXT STEPS Upon Board authorization, the General Manager would enter into a contract with JNRA landscape architects to perform the design and engineering services required for the new Bald Mountain staging area. Mt. Umunhum Road is currently open to the public up to the proposed staging area location and no new easement rights are required to construct or utilize the proposed staging area. However, roadway pavement is degraded and will need to be resurfaced prior to opening the staging area. Other recommended roadway improvements include replacement of existing guardrails and clearing of the roadside drainage ditch system. Improvement costs could range as high as $700,000, assuming outside contractors complete all tasks. Costs are expected to be reduced if District staff is able to perform the roadside drainage ditch clearing. Mt. Umunhum Road improvements are currently not funded. Staff will consider future funding needs during subsequent Action Plan and Budget cycles and will include these costs as part of Capital Expenditure(CAPER) forecasting. Attachments: 1. Project Area Map Responsible Department Manager: Meredith Manning, Acting Planning Manager Prepared by: Lisa Bankosh, Planner III Contact person: Same as above o; -- ----- - Mt. El Sombroso 2999 ft. y • � .Q _ Mt.Thayer No Public Access 3483 ft. Demolition and Patrol Access Only E !'O \ode, o Mt. Umunhum .- Road Bald Mountain a -- 3486 ft. j —� 2387 ft. San •Oakland ; � 4oad \ Francisco g 1.4Miles �'�--.,-----.�, ��"-------- Bald- t� Bald Mountain Staging Area Location C O _---F-- E Currently E ;" closed to public E' s San - beyond this point. Jose o Mt. Umunhum ' t b t Attachment A Midpeninsula Regional Project Area Existing Conditions Open Space District _ Project Site Mt. Umunhum Road . MROSD Preserves ® MROSD Gate Private Road e December 2012 Potential® _ _ _ Proposed Trail --�Miles Staging Area Connection Private Property O Private Property Gate Existing Trail 0 0.5 While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features. tx Midpeninsula Regional Open Space District R-13-07 Meeting 13-01 January 09, 2013 AGENDA ITEM 7 AGENDA ITEM Authorization of Award a Contract to Knapp Architects, Inc., to Prepare an Historic Evaluation, Conditions Assessment, Re-Use Feasibility Study, Mothballing Recommendations, and Public Outreach Plan to Support the District's Interim Capital Improvement Plan Objectives for the Historic Complex at the Hawthorn Property located within Windy Hill Open Space Preserve in Portola Valley, CA GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a professional services agreement with Knapp Architects, Inc., of San Francisco, CA in an amount not to exceed$158,181 with a 6% contingency of$10,000, for a total not-to-exceed amount of$168,181 to complete work under the Interim Capital Improvement Plan(CIP) for the Historic Complex at the Hawthorn Property located within Windy Hill Open Space Preserve. SUMMARY At the May 23, 2012 Regular Board meeting, the Board approved the Hawthorn Use and Management Plan Amendment and adopted the Interim Capital Improvement Plan(Interim CIP) for the Hawthorn(Woods Trust) Property(see Report R-12-46). The Interim CIP allows the District to address immediate safety requirements and prevent or minimize further deterioration or impacts on resources from vandalism or fire. In addition, it provides for the completion of surveys, assessments and studies required to develop a comprehensive and well-informed Interim CIP for the property. All work under the Interim CIP is being funded by the Hawthorn Fund, a $2.1 M endowment the District received with title to the property. DISCUSSION History The 78.71-acre Hawthorn property is located in the Town of Portola Valley between Alpine and Los Trancos Roads, and was one of the last private islands of open space remaining in the area. The property had the potential for the development of up to 22 private estates. The Woods Family Trust generously donated their property to the District, so that the land would be preserved as public open space in perpetuity. It is the largest gift from a private property owner ever received by the District, valued at over$13 million, including an approximately$2.1 R-13-07 Page 2 million endowment to be used towards stewardship of the donated property. In 2005, the family donated a Conservation Easement over the entire property to the Peninsula Open Space Trust. In 2006, the District's Board of Directors approved acceptance of the property gift following the trustee's death. The property was originally developed as a summer estate by a prominent San Francisco family in the late 1880s and many of the original buildings remain. Most of the historic structures are now in moderate to poor condition. Please refer to the April 26, 2006 report(R-06-53) for further property description detail. Following the transfer of the property to the District in November 2011, staff from Real Property, Operations and Planning Departments developed an Interim CIP for the Hawthorn Property. The Interim CIP provided the basis for staff to implement the Preliminary Use and Management Plan during FY2012-13. The Interim CIP included a budget of$467,000 for work associated with the Historic Complex. Scope of Work If awarded the contract, Knapp Architects, Inc., would perform site assessments, research, and analysis required to complete the following five(5) deliverable packages: 1. Historic Resource Study 2. Conditions Assessment 3. Re-Use Feasibility Study 4. Mothballing Recommendations 5. Public Outreach Plan Together, these deliverables would provide a thorough assessment of current site conditions, identify significant cultural resources, and evaluate the potential requirements and costs associated with re-use. Consistent with District policy regarding cultural resources, the scope of work would maintain as a key objective the need to inform the development of potential partnerships for the use and management of the historic complex. Therefore, the scope of work includes completing initial public outreach activities to identify and collaborate with stakeholders and potential partners, including immediate neighbors and the Town of Portola Valley. Historic Architectural & Engineering Consulting Services RFQP A Request for Qualifications and Proposal (RFQP) for Historic Architectural and Engineering Services was sent out to eight (8) architectural firms on August 29, 2012. A mandatory site visit and pre-proposal conference was held on September 6, 2012. The following seven proposals, listed in ascending order of cost, were received on September 27, 2012: R-13-07 Page 3 Firm Location Cost Proposal Garavaglia Architects, Inc. San Francisco $114,832 Page &Turnbull San Francisco $138,460 Knapp Architects, Inc. San Francisco $145,110 Architectural Resources Group San Francisco $185,180 Mueller&Caulfield Oakland $190,232 Carey&Co. San Francisco $199,695 Siegel & Strain Emeryville $212,535 The proposals were carefully evaluated by a team of staff who assessed the quality of the proposal, the implementation approach, and overall finn qualifications and expertise. The two firms most qualified for this project were identified by staff and invited to prepare presentations. Through the interview process, Knapp Architects Inc., was unanimously selected as the preferred firm to complete the Hawthorn project. Subsequent to selection, staff refined the scope of work required to meet project objectives, resulting in a cost increase of$13,071 over Knapp Architects Inc., original proposed fee. FISCAL IMPACT On May 23, 2012, the Board adopted the Interim CIP for the Hawthorn (Woods Trust) Fund(See Report R-12-46). The Interim CIP budget included $125,000 for architectural and engineering (A/E) services to complete an historic resource study and a conditions assessment of the historic structures. Subsequent evaluation of project objectives identified the need for the following additional information: a public outreach plan to guide potential partner development and a feasibility study and associated rough magnitude of cost for the re-use of the structures. Moreover, in the event that no suitable partners indicate an interest in the structures, the scope of work also now includes a mothballing plan to be implemented by the District. The mothballing plan would provide a list of prioritized"long-term"repairs to further safeguard the site's cultural and historic resources against weather, vandalism and decay. The additional cost for the expanded A/E scope of work beyond the original Interim CIP budget is $43,18 1. This increase for A/E services can still be accommodated within the current Interim CIP budget of$467,000 for the historic residential complex. BOARD COMMITTEE REVIEW Board Committee review of this item was not required and the full Board has been to the site and has approved the Interim CIP. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Retention of professional consultants to complete assessments and produce reports and estimates does not constitute a project under the California Environmental Quality Act(CEQA) as it will not result in a direct physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. R-13-07 Page 4 NEXT STEPS Upon Board authorization, the General Manager would execute a contract with Knapp Architects, Inc., for$158,181 for professional services to complete the historic resource evaluations, conditions assessment, re-use feasibility study, and public outreach plan for the Hawthorn Historic Complex. A$10,000 contingency will be set aside to allow for any required additional professional services, for a total authorization of$168,18 1. Responsible Department Manager: Meredith Manning, Co-Acting Planning Manager Prepared by: Gina Coony, Project Manager Contact person: Same as above Midpeninsula Regional Open Space District R-13-01 Meeting 13-01 January 9, 2013 AUTHORITY MEETING AGENDA ITEM I AGENDA ITEM Acceptance of the Controller's Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority CONTROLLER'S RECOMMENDATION The Controller of the Authority recommends that the Board accept the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority("Authority"). DISCUSSION Controller's Report In May 1996, the District and Santa Clara County established the Authority with the purpose of providing financing assistance to the District to fund acquisition of land to preserve and use as open space and to finance public capital improvements. Accordingly, the District and the Authority are accounted as one blended unit for financial statement purposes. On June 28, 2012, the District's independent auditors, Vavrinek, Trine, Day& Co., issued its report on the District's financial statements for the fiscal year ended March 31, 2012 (Attachment 1). Through March 2012, the District had sold six series of Financing Authority notes, with a total par value of$199.6 million. In May 2011, the Financing Authority notes sold $20.5 million of 2011 Revenue Bonds. In January 2012, the 1999-1 Lease Revenue Bonds were advance refunded with proceeds from the District's issuance of its 2012 Refunding Promissory Notes. A summary of the six financings is shown below. Excluding the 2007 Notes which raised no new money and only refinanced existing Financing Authority notes, the District had issued $140.5 million (net) of Financing Authority notes, funding$77 million of new land acquisitions and repaying$60 million of prior public and private debt, which had been issued at higher interest rates and for shorter maturities. R-13-01 Page 2 Par Amount TIC(*) Purpose 1996 Notes $29.9 M 6.25% $11 M Land +pay-off 1988 Notes 1999-1 Notes $29.7 M 5.26% $2 1 M Land +pay-off 1992 Notes 1999-2 Notes $28.4 M 5.93% $15M Land+pay-off 1990 Notes 2004 Notes $31.9 M 4.99% $1 OM Land+pay-off 1993 COPS 2007 Notes $59.2 M 4.57% Pay-off 1996 & 1999-2 Notes 2011 Bonds $20.5 M 5.60% Purchase$20M of Land TIC =total interest cost, including all costs of issuance Three Financing Authority note issues remained outstanding at March 31, 2012, with a total outstanding balance of$104.82 million. This represented 74% of the District's total outstanding debt balance. The average total interest cost of these outstanding Financing Authority notes was 4.95%. A summary of the activity on the Financing Authority notes in fiscal 2012 is shown below. During the 2012 fiscal year, $36.82 million of principal was repaid or advance refunded, $5.07 million of interest was paid, and $1.52 million of accretion was accrued. Accretion arises from the portion of notes sold as capital appreciation bonds (CABs). CABs are like zero-coupon bonds; they do not pay interest, instead they accrete each year to reflect the growing principal value to be paid at maturity. The purpose of CABs is to lengthen the average life of the debt. The 2004 Notes include $1.3 million of CABs. Balance Principal Paid/ Balance Interest Paid (millions) March 2011 Refunded Accretion March 2012 in FY12 1999-1 Notes $33.23 $34.65 $1.42 $0 $0.16 2004 Notes $31.77 $ 0.42 $0.10 $31.45 $1.40 2007 Notes $54.57 $ 1.75 $0.00 $52.82 $2.66 2011 Bonds $20.50 $ 0.00 $0.00 $ 20.50 $0.85 $140.07 $36.82 $1.52 $104.82 $5.07 FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommended action. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE i F R,13-01 Page 3 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 the California Environmental Quality Act(CEQA). NEXT STEPS None. Attachment 1. District's Financial Statements for the Fiscal Year ended March 31, 2012. Responsible Department Manager: Steve Abbors)General Manager Prepared by: Michael Foster, Controller Contact person: Same as above ` Midpeninsula Regional I Open Space District � a R-13-04 Meeting 13-04 January 9, 2013 AGENDA ITEM 8 AGENDA ITEM Election of the Board of Directors Officers for Calendar Year 2013 GENERAL MANAGER'S RECOMMENDATION Elect Officers of the Board of Directors for Calendar Year 2013. SUMMARY Pursuant to Section 1.22 of the District's Rules of Procedure, the Board is required to elect new Officers for the calendar year at its first regular meeting in January. The election will be held by signed ballot and counted by the District Clerk. After the election, the ballots will be available for public inspection. DISCUSSION The Board's Rules of Procedure list the order of officers to be elected as follows: President, Vice-President, Treasurer, and Secretary. The District's Rules of Procedure Section 1.81 states that the Treasurer shall be a member of the Action Plan and Budget Committee(ABC). Board Officer Election Process Board Officers will be elected sequentially, starting with Board President and ending with Secretary. Each Board Officer will be elected by a separate vote starting with a call for nominations from the Board. Following the close of nominations, election of each Board Officer will proceed by signed ballot and counted by the District Clerk. The Director receiving a majority of the vote of the members of the Board will be elected. Each of the four Board Officers will be elected using this procedure. After the election, the ballots will be available to the public for inspection. FISCAL IMPACT There are no unbudgeted fiscal impacts for this item. R-13-04 Page 2 BOARD COMMITTEE REVIEW Board Committee review of this agenda item was not required. 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 the California Environmental Quality Act(CEQA). NEXT STEPS Following the election of Board officers, staff will prepare a new roster for posting. Responsible Department Manager: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Steve Abhors, General Manager Ana Ruiz, Interim Assistant General Manager 2013 BOARD OFFICERS - ELECTION Nominations Office Ballot#1 Vote Ballot#2 Vote PRESIDENT Nominee: Nominated by: Second: rrt S Motion to Close: Second: t VICE PRESIDENT Nominee: t_ Nominated by: Second: Motion to Close: j Second: TREASURER Nominee: P C Nominated by: l Second: (, Motion to Close: Second: SECRETARY Nominee: ,'N 1 Nominated by: Second: Motion to Close: Second: ACTION PLAN AND BUDGET COMMITTEE—APPOINTMENTS i Midpeninsula Regional Open Space District R-13-05 Meeting 13-01 January 09, 2013 AGENDA ITEM 9 AGENDA ITEM Appointment of Action Plan and Budget Committee Members for Calendar Year 2013 GENERAL MANAGER'S RECOMMENDATION Approve the Board President's appointment of three members of the Board of Directors to the Action Plan and Budget Committee for Calendar Year 2013. SUMMARY At the first regular meeting in January, the Board of Directors must appoint new members to the Action Plan and Budget Committee in accordance with Section 1.81 of the District's Rules of Procedure. DISCUSSION Per Section 1.81 of the District's Rules of Procedure, appointments to the Action Plan and Budget Committee shall normally be made at the first regular Board meeting in January and that the Board Treasurer shall be one of the three members of the Committee. The Board of Directors will have elected their Treasurer for 2013 on January 9, 2013 (see Report R-13-04). Newly appointed members will be the designated Directors to review and approve related budget business for calendar year 2013. Per Section 1.80 of the District's Rules of Procedure, the Board President shall appoint the Committee members with the consent of the Board. FISCAL IMPACT There are no unbudgeted fiscal impacts. BOARD COMMITTEE REVIEW Board Committee review of this agenda item was not required. R-13-05 Page 2 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 the California Environmental Quality Act(CEQA). NEXT STEPS Following Board appointment, staff will prepare a new roster of Action Plan and Budget Committee members for posting. Responsible Department Head: Steve Abhors, General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Stephen E. Abhors, General Manager � / / ' � &AidpeninSUla Regional � / | Open Space District � � | R,|3-|3 Mcedng |3-O| January 0g, 2O|3 AGENDA ITEM 10 AGENDAIT0M � Appointment of District Representative on the Independent Special District Selection Committee; and Nomination of Independent Special District Representative and Alternate on the � � Santa Clara County Local Agency Formation Commission GENERAL MANAGER'S RECOMMENDATION � Appoint Director Pete Siemens ux the District Representative on the Independent Special District Selection Committee and approve the nomination ofSanta Clara County Open Space Authority Board Member Sequoia Flail uy the Independent Special District Representative onthe Santa Clara County Local Agency Fonnodnn Commission (L/\PCO), and nominating Ynriko Kiyhirno1ous the alternate. � SUMMARY / | The District Board ofDirectors is submitting its nomination cf Santa Clara County Open Space | � Authority Board Member Sequoia Hall as the independent special district representation on � I-AFCO to the Independent Special District Selection Committee, and nominating Yoriko Kimhimnotoax the alternate. / DISCUSSION On September 12, 2012, the District's Board of Directors adopted a resolution calling for special � district representation onL&PC(J (See Resolution No. 12-]4). Vn November 29, 2O|2` the chair � of the Santa Clara County Special Districts Association submitted nine resolutions from independent special districts in Santa Clara County proposing representation on LAFCO. On � December 12, 2012, L/\FC()approved a resolution of intention to seat independent special � districts 1u the Commission, including the terms nfrepresentation. � Byuspecial agreement between the Santa Clara County Special Districts Association, one seat is m � allocated to the Santa Clara Valley Water District (S��VYVl}). On December 18 , the SCVVVQ � Board of Directors nominated Linda LeZot1e to hold that meoL An Independent Special District | � Selection Committee (ISDSC)comprised of the presiding officer of each independent special � district, or their board appointed representative, will select the second independent special district L/\PC() representative and alternate special district L/\PC() representative to serve on � the commission. i | � � � R-13-13 Page 2 The ISDSC will also determine which seat will have an initial four-year term and which seat will have an initial two-year term, to provide staggered terms. A quorum of nine independent special district presiding officers or its representative must be in attendance at the meeting on January 11, 2013, from 10:30 a.m. to noon at the Santa Clara Valley Water District Boardroom. FISCAL IMPACT The annual cost to the District is estimated to be $11,500 and represents 5.8%of LAFCO's annual operating costs. This amount has been included in the Fiscal Year 2012-13 budget. BOARD COMMITTEE REVIEW Board Committee review of this agenda item was not required. 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 the California Environmental Quality Act(CEQA). NEXT STEPS If approved by the Board, staff will forward the resolution to the Independent Special District Selection Committee. Attachments: 1. Resolution 2. L,AFCo Independent Special District Selection Committee Meeting Notice Responsible Department Manager: Steve Abhors, General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Stephen E. Abbors, General Manager Pete Siemens, Board Member ATTACHMENT I RESOLUTION NO. 13-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOMINATING SANTA CLARA COUNTY OPEN SPACE AUTHORITY BOARD MEMBER SEQUOIA HALL TO THE LOCAL AGENCY FORMATION COMMISSION OF SANTA CLARA COUNTY,AND NOMINATING YORIKO KISHIMOTO AS THE ALTERNATE WHEREAS, California's Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Chapter 2, Part 2, Division 3, Title 5 of the Government Code provides for the creation and composition of local agency formation commissions; and WHEREAS, the Santa Clara County Local Agency Formation Commission (SCCLAFCO) promotes orderly growth and development in Santa Clara County by, preserving agricultural lands and open space, curbing urban sprawl, encouraging efficient delivery of services, exploring and facilitating regional opportunities for fiscal sustainability, and promoting public accountability and transparency of local agencies to improve governance; and WHEREAS, the composition of the SCCLAFCO may include two members from the legislative bodies of independent special districts (ISDs) selected by the independent special district committee; and WHEREAS, the Midpeninsula Regional Open Space District (District) believes independent special district(ISDs) representation on the SCCLAFCO will facilitate achieving SCCLAFCO's goals; and WHEREAS, on September 12, 2012, the District approved Resolution No. 12-34 requesting ISD membership on SCCLAFCO; and WHEREAS, on November 29, 2012, the chair of Santa Clara County Special Districts Association (SCCSDA) submitted nine resolutions from ISDs in Santa Clara County proposing representation of SCCLAFCO; ; and WHEREAS, on December 12, 2012, SCCLAFCO approved a resolution of intention to seat ISDs to SCCLAFCO, including the terms of representation; and WHEREAS, by special agreement between the SCCSDA, one seat is allocated to the Santa Clara Valley Water District (SCVWD) and SCVWD nominated Linda LeZotte to hold that seat; and WHEREAS, an Independent Special District Selection Committee (ISDSC) comprised of the presiding officer of each independent special district or their board appointed alternate will select the second independent special district SCCLAFCO representative and alternate to serve on the Commission. The ISDSC will hold its first meeting on January 11, 2013, to select one regular member and one alternative member to serve of SCCLAFCO. NOW,THEREFORE, THE DISTRICT RESOLVES AS FOLLOWS: 1. The Midpeninsula Regional Open Space District appoints Director Pete Siemens as the District Representative on the Independent Special District Selection Committee; and, 2. The Midpeninsula Regional Open Space District nominates Santa Clara County Open Space Board Member Sequoia Hall as the second ISD representative on SCCLAFCO; and, 3. The Midpeninsula Regional Open Space District nominates District Board Member Yoriko Kishimoto as the alternate special district representative. ATTACHMENT 2 ■ I Local Agency Formation Commission of Santa Clara County DECEMBER 13, 2012 TO: INDEPENDENT SPECIAL DISTRICT BOARD MEMBERS, MANAGERS j CLERKS FROM: NEELIMA PALACHERLA,LAFCO EXECUTIVE OFFICER RE: NOTICE OF INDEPENDENT SPECIAL DISTRICT SELECTION COMMITTEE MEETING SELECTION OF SPECIAL DISTRICT MEMBERS TO SERVE ON LAFCO The Local Agency Formation Commission of Santa Clara County (LAFCO),at its December 12,2012 meeting,adopted a resolution of intention to seat independent special districts on LAFCO. As a result, LAFCO will be expanded to include two special district members and one alternate special district member. As agreed upon by the Special Districts Association of Santa Clara County, the Santa Clara Valley Water District(SCVWD)will appoint one special district member to LAFCO,and the Independent Special District Selection Committee (ISDSC)will appoint the second member and an alternate member to LAFCO. At the December meeting,LAFCO directed its Executive Officer to notice and call a meeting of the ISDSC for the purpose of selecting special district members to serve on LAFCO. The December LAFCO Staff Report is attached and includes related background information. The purpose of this memo is to provide notice of the ISDSC meeting and to provide information on the selection process for the special district members to LAFCO. ISDSC MEMBERSHIP AND MEETING The first meeting of the ISDSC will be held on Friday,January 11,2013 at 10:30 AM in the Boardroom of the Santa Clara Valley Water District located at 5700 Almaden Expressway, San Jose.The primary purpose of the ISDSC meeting will be to select one regular member and one alternate member to serve on LAFCO.The agenda for the ISDSC meeting is attached. The ISDSC membership is comprised of presiding officers of the following 17 independent special districts in Santa Clara County: 1. Aldercroft Heights County Water District 2. Burbank Sanitary District 3. Cupertino Sanitary District 4. El Camino Hospital District 5. Guadalupe Coyote Resource Conservation District 6. Lake Canyon Community Services District 7. Lion's Gate Community Services District 70 West Hedding Street - 11 th Floor,East Wing - San Jose,CA 95110 - 1408J 299-5127 - (408)295-1613 Fax • www,santaclara.lafco.ca.gov COMMISSIONERS: Pete Constant, Liz Kniss, Margaret Abe-Koga, Mike Wasserman, Susan Vicklund Wilson ALTERNATE COMMISSIONERS: Sam Uccardo, George Shirakawa, Terry Trumbull, Cat Tucker EXECUTIVE OFFICER: Neelima Palacherla r 8. Loma Prieta Resource Conservation District 9. Midpeninsula Regional Open Space District 10. Purissima Hills County Water District 11. Rancho Rinconada Recreation and Park District 12. San Martin County Water District 13. Santa Clara County Open Space Authority 14. Santa Clara Valley Water District 15. Saratoga Cemetery District 16. Saratoga Fire Protection District 17. South Santa Clara Valley Memorial District If the presiding officer of an independent special district is unable to attend the ISDSC meeting, the legislative body of the district may appoint one of its members to attend and vote in the presiding officer's place. District managers or other district staff members may not vote. ISDSC members representing a majority (9) of the independent special districts shall constitute a quorum. The ISDSC shall not conduct its business without a quorum of its membership. It is very important to have a quorum at this first meeting. Failure to achieve a quorum will result in special districts not being fully represented on LAFCO. PROCESS FOR SELECTION OF SPECIAL DISTRICT MEMBERS TO SERVE ON LAFCO Specifically, the ISDSC will select one member to serve in each of the following two positions: • One regular special district member • One alternate special district member The alternate member will vote in place of the regular member if either of the two regular special district members is absent or has a conflict of interest. A brief description of the roles and responsibilities of a LAFCO commissioner is attached. At the January 11, 2013 ISDSC meeting, any member of an independent special district governing board may submit a nomination for the special district member positions. The nominees must be elected or appointed special district officers residing within the county but must not be members of the legislative body of a city or county. Each nominee will be given an opportunity to make a brief statement. A ballot will be provided to the members of the ISDSC (i.e., to each presiding officer or voting delegate of independent special districts) present at the meeting. Each member of the ISDSC is entitled to one vote. The ISDSC is encouraged to make selections that fairly represent the diversity of the independent special districts in the county, with respect to population and geography. If only one nomination is received for a position, that nominee is selected. The nominee who receives the majority of the votes cast is selected. If no nominee receives a majority Page 2 of 3 of the votes cast, a run-off election between the two nominees who receive the greatest number of votes is held. After votes are tallied, the results will be announced. TERMS OF OFFICE FOR LAFCO MEMBERS The term of office for a LAFCO commissioner is 4 years and until the appointment and qualification of a successor. Pursuant to Government Code §56334 and in order to stagger the initial term expiration for the regular special district members, one of the regular special district member's initial term will be 2 years in length (expiring in May 2015) and the other's will be 4 years (expiring in May 2017). The ISDSC, at its January 11, 2013 meeting, will determine the initial terms of office for the two regular member s. The alternate member's term will be 4 years. A member's term of office on LAFCO will cease immediately if he or she ceases to be on the special district board. The statute also provides that a member may be removed at any time and without cause upon a majority vote of the ISDSC. DISQUALIFICATION ON PROPOSALS AFFECTING THE DISTRICT Pursuant to Government Code §56332(d), a special district member is not automatically disqualified from acting on a proposal affecting the member's special district. However, the statute allows that the ISDSC may, at the time of appointment of a member or alternate, specify that the member is disqualified from voting on proposals affecting the member's district. FOR MORE INFORMATION If you would like more information on LAFCO, please visit the LAFCO website at www.siiiitaclara.lafco.ca.gov. If you have any questions about this process please contact me at neelima.l)iilaclierla(4)ceo.sccgov.(�IZ or at(408) 299-5127. Or you may contact Dunia Noel at dunia.noel(6)ceo.sccgov.org or at(408) 299-5148. ATTACHMENTS Agenda for the lanuarV 11, 2013 ISDSC meeft Y Roles and Responsibilities of a LAFCO Commissioner December LAFCO Staff report on Special Districts Membership on L,AFCO NOTE TO INDEPENDENT SPECIAL DISTRICT MANAGERS AND/OR CLERKS: Please distribute this notice to all members of the District Board Page 3 of 3 1 i Midpeninsula Regional Open Space District R-13-11 Meeting 13-01 January 9, 2013 AGENDA ITEM 11 AGENDA ITEM Authorization to Award a Contract to Winegar Air Sciences, for Air Quality Monitoring at Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATION I Authorize the General Manager to enter into a contract with Winegar Air Sciences in the amount of$180,552 to provide professional consulting services to implement an air quality monitoring study at Rancho San Antonio Open Space Preserve. SUMMARY Air quality at Rancho San Antonio Open Space Preserve, and related potential impacts from the neighboring Lehigh Permanente Cement Plant and adjacent quarry(Lehigh), have been an ongoing concern for staff and members of the public. Recent air studies for Lehigh's required air permitting(March 2011), and for their Reclamation Plan Amendment Environmental Impact Report (EIR), as approved in 2012, have not adequately addressed these concerns. The implementation of an actual air quality monitoring program at Rancho San Antonio Open Space Preserve is needed to properly assess the potential impacts of the adjacent Lehigh facility on the staff and public who used the open space preserve. DISCUSSION Background Air quality impacts related to the Lehigh Permanente cement plant and limestone quarry remain a concern to staff at the Foothills Field Office located at Rancho San Antonio Open Space Preserve (RSA OSP). Staff routinely washes vehicles with a 100% vinegar solution to remove a buildup that collects on vehicles and equipment surfaces at the preserve. Staff notes that this buildup is unique to RSA OSP and is not a problem at any other District preserve, and attribute this build-up to the Lehigh facility. Visible emissions from the cement plant and quarry are also a regular occurrence observed by staff. Additionally, RSA OSP is utilized by over 500,000 preserve visitors annually, and is the location of three permanent residences for employees and families. Recreational users and area residents have also commented to staff and the Board of Directors, voicing their concern related to potential air quality impacts at RSA OSP associated with the adjacent Lehigh facility. F R-13-11 Page 2 In March of 2011, Lehigh completed a Health Risk Assessment for various production scenarios from 2005 through 2013 for the purpose of acquiring the required Title V permit for industrial facilities from the Bay Area Air Quality Management District(BAAQMD). This assessment was based on modeling, without actual air quality sampling. Substantial concerns were raised by the public during this process. The Title V permit, which evaluated only cement plant emissions, was issued by the BAAQMD in May 2012. The Health Risk Assessment modeled that air quality at RSA OSP may have exceeded regulatory notification levels for increased carcinogenic risk and/or acute non-carcinogenic hazard between 2005 and 2013. Some of the pollutants of concern include mercury, hexavalent chromium, benzene, and particulate matter. The Health Risk Assessment and public concern prompted the BAAQMD to install air quality monitoring equipment in the City of Cupertino, approximately 1.5 miles, southeast of the Foothills Field Office. This monitoring to date has identified air quality levels at the Cupertino location that are consistent with or within the low ranges of other Bay Area monitoring sites such as San Jose, Berkeley, San Francisco, and Benicia. This monitoring, however, may not be representative of RSA OSP, given meteorological, topographic, and transportation(trucking) differences between the Preserve and the Cupertino location. The regulatory framework, and monitoring frequency that the BAAQMD employs may not capture all emission events, is geared li toward established regulatory thresholds, employs technological methodologies that are not the most sensitive, and as a result do not always capture emissions of concern. In July 2012, the Santa Clara County Board of Supervisors approved an EIR for a Reclamation Plan Amendment for the Lehigh quarry. Air quality impacts of reclamation activities were analyzed in the EIR. The EIR concluded significant and unavoidable air pollution impacts related to the reclamation of the East Materials Storage Area(EMSA) at the Cupertino Historical Society residence near the cement plant entrance, immediately adjacent to Rancho San Antonio County Park. The District residences at RSA OSP were below the"significance"threshold of the EIR, but were still notable. The EIR also did not adequately analyze the cumulative impacts of all potential air pollution sources at the facility which include: the cement plant facility, active quarry operations, reclamation activities, and transportation(trucking and rail deliveries to and from the facilities), which appear to have markedly distorted the EIR conclusions. Given the high recreational use, employee family residences, and a field office for 30 employees daily, Rancho San Antonio Open Space Preserve is a significant concern related to emissions from the adjacent Lehigh Permanente facility. The recent 2011 Health Risk Assessment findings, and piecemealed Reclamation Plan Amendment EIR, have only added to these concerns. The District is interested in contracting for air quality monitoring services to comprehensively monitor and assess potential air quality impacts at Rancho San Antonio Open Space Preserve. This monitoring will be conducted for approximately one year to better assess all of Lehigh's ongoing operations, and to account for seasonal climatological differences. Consultant Selection The consultant, Winegar Air Sciences, was recommended to the District by a third party to participate with Lehigh and the District in developing and implementing air quality monitoring at RSA OSP. Negotiations with Lehigh, however, were not successful and were terminated in late November. Winegar Air Sciences made a number of trips to Rancho RSA OSP and has invested a substantial amount of time reviewing the background literature and developing the monitoring design. These costs would be duplicated, and the time invested to date would be lost, if another consultant were to begin now. R-13-11 Page 3 Winegar Air Sciences would also collaborate with the University of California (UC) Davis DELTA Group, who would help process samples and analyze data in a unique cost-effective manner. UC Davis DELTA Group capabilities for sampling and analysis are also unique, having developed the drum sampler(for continuous monitoring)to be used in the study, and offer the combination of drum sampling with synchrotron x-ray florescence analysis, not available elsewhere. Given these circumstances, Winegar Air Sciences would be able to complete the study at a competitive cost to the District, utilizing unique project design and analysis,justifying sole source selection. FISCAL IMPACT The District's FY2012-13 Budget for Lehigh air monitoring and legal services is $250,000 and the projected FY2013-14 Budget is an additional $150,000. The contract with Winegar Air Sciences would extend over both fiscal years, at a total cost of$180,552. BOARD COMMITTEE REVIEW No Board Committee review was required for this portion of the Project as the need for this analysis has already been discussed and approved by the full Board. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Air quality monitoring is not a project under the California Environmental Quality Act(CEQA). NEXT STEPS Upon approval by the Board of Directors, the General Manager would be authorized to enter into a contract with Winegar Air Sciences to provide professional consulting services to implement an air quality monitoring study at RSA OSP. Responsible Department Head: Kirk Lenington, Natural Resources Manager Prepared by: Matt Baldzikowski, Resource Planner III Contact person: Same � C r_T http://www.epa.gov/air/criteria.h l COY ' ^,t Last updated on December 14, 2012 Air and Radiation 4-1 1 j You are here: EPA Home Air and Radiation National Ambient Air Quality Standards (NAAQS) National Ambient Air Quality Standards (NAAQS) I The Clean Air Act, which was last amended in 1990, requires EPA to set National Ambient Air Quality Standards (40 CFR part 50) for pollutants considered harmful to public health and the environment. The Clean Air Act identifies two types of national ambient air quality standards. Primary standards provide public health protection, including protecting the health of "sensitive" populations such as asthmatics, children, and the elderly. Secondary standards provide public welfare protection, including protection against decreased visibility and damage to animals, crops, vegetation, and buildings. EPA has set National Ambient Air Quality Standards for six principal pollutants, which are called "criteria" pollutants. They are listed below. Units of measure for the standards are parts per million (ppm) by volume, parts per billion (ppb) by volume, and micrograms per cubic meter of air (pg/m3). Pollutant Primary/ Averaging Level Form [final rule cite] Secondary Time Carbon Monoxide 8-hour 9 ppm [76 FR 54294, Aug 31, primary Not to be exceeded more than once 29-111 1-hour 35 ppm per year Lead Rolling 3 3 [73 FR 66964, Nov 12, primary and month LL 0,15 pg/m Not to be exceeded 00 28] secondary average Nitro en Dioxide primary 1-hour 100 ppb 98th percentile, averaged over 3 years [75 FR 6474, Feb 9, 2010] [61 FR 52852, Oct 8, 1996] primary and Annual 53 ppb LL Annual Mean secondary Ozone f Annual fourth-highest daily [73 FR 16436, Mar 27, primary and 8-hour 0.075 m LU maximum 8-hr concentration, 2008] secondary pp averaged over 3 years primary Annual 12 pg/m3 annual mean, averaged over 3 years Particle PM2.5 secondary Annual 15 pg/m3 annual mean, averaged over 3 years Pollution primary and 24-hour 35 pg/m3 98th percentile, averaged over 3 Dec 14, 2012 secondary years PM10 primary and 150 pg/m3 Not to be exceeded more than once secondary 24-hour per year on average over 3 years Sulfur Dioxide 99th percentile of 1-hour daily [75 FR 35520, Jun 22, primary 1-hour 75 ppb L4.1 maximum concentrations, averaged 1, 2010] over 3 years [38 FR 25678, Sept 14, Not to be exceeded more than once 1973] secondary 3-hour 0.5 ppm per year as of October 2011 (1) Final rule signed October 15, 2008. The 1978 lead standard (1.5 pg/m3 as a quarterly average) remains in effect until one year after an area is designated for the 2008 standard, except that in areas designated nonattainment for the 1978, the 1978 standard remains in effect until implementation plans to attain or maintain the 2008 standard are approved. (2) The official level of the annual NO2 standard is 0.053 ppm, equal to 53 ppb, which is shown here for the purpose of clearer comparison to the 1-hour standard. (3) Final rule signed March 12, 2008. The 1997 ozone standard (0.08 ppm, annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years) and related implementation rules remain in place. In 1997, EPA revoked the 1-hour I Comments to the Midpeninsula Open Space District Regarding the Proposed Air Monitoring Contract By Gary Latshaw, Ph.D. I am very supportive of the plans to make comprehensive and substantial measurements of the air quality at Rancho San Antonio Park with objective of measuring emissions from the Lehigh Cement Plant. However,I do have these concerns about the measurement program: 1. The resources of this effort should be balanced with concerns for the water quality in the branch of Permanente Creek that flows past the Lehigh plant and then across the park. In particular, it has been many years since measurements of the toxicity of the creek have been made. The toxicity measurements cost a couple of thousand dollars or about I%of the cost of the proposed air monitoring. The last measurements revealed that the creek has"chronic toxicity."The creek is listed as an impaired body of water. 2. The objectives of the air monitoring must be made clear. There is no indication in the material provided what chemicals will be measured, or what the sensitivity and accuracy of those measurements would be. X-ray fluorescence spectrometry usually only identifies elemental constituents. 3. Are there specific chemicals or elements that will be measured that can discriminate between:(I) natural sources/(2)fugitive dust from quarry activity at Lehigh/(3)fugitive dust from quarry activity at Stevens Creek Quarry/and (4) effluents from the plant stacks? 4. Will these measurements be able to detect violations of the California and Federal Air Quality Standards? In particular,since the plant is the only significant source of SO2 inthe region,can SO2 be measured to the levels of the Federal 1-hour standard (of 0.075 ppm)? 5. Will the measurements be able to discriminate against local emissions from such sources as vehicular activity and tractors? 6. Will standard methods of collecting particulate matter be employed along with the x-ray fluorescence spectrometry?Will concurrent meteorological measurements be made? 7. Has the meteorology been adequately examined to ensure that the chosen location is likely to detect emissions from the plant or the quarries? 8. Will these measurements take place over a long enough period of time that they will reveal occasional annual occurrences? First, I want to commend you for taking steps to ensure that staff and visitors to Rancho San Antonio have air that is safe to breathe. I only found out about the plans for monitoring air quality at Rancho San Antonio a couple of days ago so I don't know the details. But I would like to provide my thoughts about air quality monitoring in the hope that I be able to contribute to a successful outcome. Pitfalls 1. Reaching an incorrect conclusion because of sampling error - Sampling that is not representative or a sample size that is too small. Measurements that are not representative of the areas of concern: residences, offices, high use areas; hard to extrapolate from sample of 1. 2. Determining that unhealthy air quality exists without determining the emissions source 3. Failing to adequately control the weather variable. Monitoring for a year to observe seasonal variations is good. But normal weather conditions may be favorable to dispersion, making it hard to capture spikes in pollution levels. 4. Missing a significant health risk by not measuring the right pollutants 5. Failing to make sure my methods are acceptable to EPA and BAAQMD in case I needed their opinion on the validity of results Possible Safeguards: • Pilot study to determine representative location(s) • Inclusion of weather measurements, especially wind conditions • Since there is a suspected source, at least partial monitoring to the south, possibly at the Picchetti Ranch Area. This would provide upwind and downwind measurements most of the time. • Some monitoring at random locations within Rancho San Antonio • Careful attention to pollutants monitored High health risk such as mercury High probability of degradation such as Sulphur Dioxide Subjectively experienced, such as dust • Consult with EPA and BAAQMD before finalizing the methodology Joel Masser 5327 Romford Drive San Jose, CA 95124 408-265-3221 II 1 zb Questions and Answers Regarding Permanente Creek Hydrology Predictions Michael Hayden 11/2/12 Q: The SEIR says there has been flooding in 1911, 1940, 1950, 1952, 1955, 1958, 1963, 1968, 1983, 1995, and 1998. Shouldn't we be concerned of another event in the near future? A:The flooding in 1868, 1911, 1940, 1950, 1952, 1955, 1958 are now irrelevant from a planning perspective on Permanente Creek,since the 1959 construction of the Diversion Channel and further improvements to it.Also, Hale Creek (not the Permanente Creek)was the cause and site of most post-1959 flooding events. Only the 1983 flood caused moderate damage to Blach School and a remedial project was implemented in 1985 to address the sedimentation problem with the older box culvert design behind Blach School. In addition the 1983 event was extraordinary since, acccording to the SCVWD:"The flooding was related to operations conducted at the Kaiser Cement Plant located in the upper Permanente Watershed. Immediately after the flood, Kaiser staff reported that the outlet to a large water"retention structure" had become plugged." Conclusions: -Permanente Creek has experienced no flooding since the current infrastructure was put in place in 1985. -Hale Creek has experienced minor flooding in 1995 and 1998,so some improvements there may make sense. Q: The SCVWD Hydrology Model predicts a 2400 cfs 100 year return period flood. Should we believe this prediction? A:The standard USGS procedure for determining the 100 year flood is to take the collected annual peak stream flow data and apply a Log Pearson Type-3 probability calculation_The independant Multech Report of Dec 2011 has done this analysis with the reuslts on page 17: 100 year flood prediction is 1204 cfs(roughly 112 of the model prediction). So according to standard practice,the model prediction seems too large by a factor of 2. Q: Hasn't the SCVWD correlated (adjusted to reality)their Hydrology Model with their collected data as is standard scientific procedure with respect to using computer simulation models? A: No,the Multech Report notes that this is not the case. See last paragraph of page 7:"It is noted that the parameters of the HEC-HMS model were not calibrated using the observed runoff hydrographs at Gage 32A on Permanente Creek and Gage 33 on Hale Creek for the historical events of January 1983, February 1986 and February 1998 for simulating the 100-and 10-year flood Hydrographs". Q: Why does the Multech Report proceed with a less accurate stream correlation methodolgy to derive a 100 year flood prediction rather than use the multi-decade records collected by SCVWD? A:This is not very clear from reading the report. According to Dr. Xu of SCVWD Hydrology, standard procedure is to use recorded stream gage data first if it is available. If it is not available,then stream correlation methods may be used. But in this case that data is available, but stream correlation is used at a higher priority than collected stream data. The following reasons have been suggested as to why the SCVWD stream data is not trusted: - Stream data suggests peaks flows much less than their model,which they have faith in. Problem: This is circular logic:we believe our model because we believe our model. - Recorded discharge per square mile during similar events is generally less than nearby streams. Problem: Modelling requires many parameters which distinguish specific characteristics of each watershed. Using raw discharge per square mile ignores any differences in character between the watersheds,so this method is flawed to the degree that the watersheds may differ. Q:What does the SCVWD believe is the reason that their Stream Gage data might be innaccurate? Page 1 --------------- A:The only reason put forth by Dr Xu is that they suspect that sediment may be clogging the water input pipes into the stream gage. However,this would only affect measurement of low flows since there are multiple intake pipes at different heights. Per Multech, p 13:"Clogging of low intake pipes affected the readings of stages for low flows but would not affect the readings for high flows". Conclusions: -Since it is primarily high flows that determine the 100 year flow prediction,there is little reason to believe that any sedimentation problems affecting low flow readings is a good reason to throw out the SCVVVD 68 years of collected data of annual peak flows for use in predicting the 100 year flow. -The SCVVVD has chosen to use an un-calibrated computer model over their own historical records. -Neither SCVVVD nor Multech has provided a convincing reason to use less reliable stream correlation techniques over use of the existing stream gage data. 0:Are there any other problems with the Multech Report? A:Yes. it proposes to use a rating curve(function translating river height to flow)that results in very low flow levels as the basis for doing the inter-stream correlation study. If one suspects under-measurement of flows,why would they devise a new rating curve which lowers the flows even further by a wide margin?It also only applies this very low rating to data years after 1975.After the correlation equation is obtained,it is applied to all years of data and the 12122/55 flow is then translated up to 2608 cfs which is larger than the channel capacity at Portland Ave bridge. However,it is known that water did not overflow that bridge that year. Multech notes this problem with their analysis on page 20,but then just assigns the full channel capacity as the flow for that year which is completely arbitrary. This proves that their methodology does not derive reasonable adjustments to the Permanente flow data. Q: How well do the SCVVVD Hydrology predictions correlate with more frequent peak flows? A:Not well at all. The predicted 10 year flow is 1300 cfs. In 68 years of stream measurement, no flow greater than 967 cfs has ever been recorded.Manually plotting the yearly annual peak flows on Gumbel chart paper shows a large discrepancy between the model prediction and the measured flows.. Page 2 MOKUNO PREDICTIONS 00 NOT MATCH REALITY THE T PROJECT PROREM Flood F for Permanents Creek at the Pivenlon 3500 3000-- 2600-- U*tad pr"e"m 1"d" Predlutim, Per to St vivamm 2000 -- �01 U. 1600 --pemlmnte wwavul ca"boy 1000 .- Pe to eaffy.. Pro"Uty of ftmt ftedloffm Is 4 in 100,000 apt 600 -- Pemanente ROW WOW Aft s 0 -T- —T-co 266 100 so 26 20 10 6 2.6 2.33 2 1.5 Period -years Richard Moll April 5, 2012 Good Morning- My name is Richard Moll: I am a resident of Los Altos. Speaking to you in August I expressed my concern that the proposed size of the Permanente Creek Project is far too large. At that time I suspected an old fashioned bookkeeping error in the Multech consultant's report A few days later District staff shared previously undocumented hiftirmation with TW Hayden and me that resolved that confusion,and we were able to exactly duplicate the computations in the Multech report. While this new information shifted our numbers slightly,our revised analysis(emaded Sept 17)still showed problem with the Multech report However,during this effort,Mr. Hayden came across engineering guidance from the United States Geological Survey that easily and totally simplifies understanding the problem with the Multech Report's handling of the year 1956 data,an outlier. In USGS Bulletin 17b,it mentions that data outliers may be removed if the circumstances are well documented. The circumstances surrounding the year 1956 outlier were well documented even in the Multech report,and so 1956 can be removed from the firequency analysis and be consistent with the bulletin. Then it becomes a simple exercise of plotting the District's predictions alongside a plot of the Multech"rated and adjusted"data from Table 3-9 which was intended to confirm the District's predictions. (See figure below) This figure clearly shows that the Multech data does NOT support the District's modeling predictions. Tlx!rc is no trickery here,no complex computations to understand,just a comparison of the plots of two published data sets. The District's predicted 100 year design flow is 2,400 cfs: the Multech data extrapolates to slightly over 1,600 cfs at IN years. This makes a huge difference in sizing the project. At only 1600 cfs,the need for retention basins at both the Cuesta Park Armex and Rancho San Antiono is eliminated. The area subject to flooding will be significantly reduced-fewer residential parcels will be in the flood zone. The implied flooding threat to El Camino Hospital will be reduced or eliminated. But why is this different than the original Multech report's conclusion? In that Multech report, the year 1956 outlier was approximated by the capacity of the channel near Portland Avenue. However, since there was no flooding reported in the largest storm of that season,this is a limiting value,not an approximation for the flow. The actual flow could have been only halt or a quarter of that limiting value, for example. Unfortunately, the entire conclusion of the Multech report was primarily determined by this single limiting value assumption,which was not in agreement with good engineering practices. And worse.the current entire Permanente ProjecVs size hangs on property processing that single 1956 outlier data point. The conclusion has to be that the Multech analysis does not provide a valid corroboration of the District's 2400 cfs 100 year design point,and that on that basis alone the Permanents Project should be downsized. But there is more. The Dictrict's modeling predictions also do not match the reality of flows in the creek. The District's current modeling prediction for the 100 year design flow is 2,400 cfs,but the District's recordings and measurements of the actual Permanente Creek flows at Station 32A would indicate that no more than 1,000 cfs has ever come down the creek in the past 66 years,nor would much more than a 1.200 cfs flow be expected in 100 years,using the District's own rating curves. (Me original Permanents prediction was 2,700 cfs.) Is that a fluke? For Stevens Creek,plotting the District's measured and recorded actual flows suggests that 3,350 cfs would be the 100 year flow,but the District predicts almost 8,000 cfs near Station 35. This modeling prediction is about 2 1/2 times taTger than the reality based estimate. On Adobe Creek,the Districts modeling prediction is 2.400 cfs for the 100 year flow near Edith .A,vcnuc. But Mr.Robinson-who has lived alongside Adobe Creek for over 55 years,has documented the deepest flood waters inside his house with a brass plaque on the wall down near the floor. That flooding event was estimated at about 800 cfs,which suggests the 100 year reality based flood might be only 900 to 1000 cfs,not 2,400 cfs. Interesting,the District's modeling prediction is for flows about 2 1/2 times larger than the actual real flows on all 3 creeks,which would strongly suggest a systemic problem with the modeling. In addition,the District's modeling for frequent flooding-that is,for return periods of under 5 years-is also not in agreement with reality. On Adobe Creek,the modeling predicts that Mr.Robinson's once-in-55 year event should happen about every 3 years-and of course it has not. The probability of that prediction being correct is only 1.5 in a trillion. On Permaneffle and Stevens Creeks, there is the same problem of predicting that real,but infrequent,high flow events occur every few years: for selected flows, the probability of the District's prediction being correct is between 4 and 7 chances in 100,000. My conclusion is that the District's prediction model is not credible,and that any projects,either completed or planned,which have used this modeling technique,are most likely oversized,overly expensive,and need to be reviewed. Therefore,it would seem prudent for the District to suspend further work on the Permanente Project until a smaller,corrected design flow is deternimed. Enough public funds have already been spent on oversize projects. And finally, if this prediction model is being used to predict design flows for FLOODING studies,those predictions are also probably oversized,and would also lead to oversized projects and wasted effort and wasted dollars. The modeling problem needs to be fixed. Thank you,Richard Moll Click here to Reply,Reply to all,or Forward Some Quick Facts and Attributes of the Cuesta Ammi L Saratoga,Los Gatos,Los Altos, Sunnyvale,Campbell,Cupertino, San Jose all have set aside historic orchard acreage which they maintain and protect. Mountain View has a responsibility to restore its own historic orchard acreage in Cuesta Annex. 2. Inherent in Cuesta Annex is a history lesson of early California and Mountain View and their beginnings as an agricultural paradise. The orchard should be replanted and maintained by the city and serve as a reminder of the past. 3. Over 500 Mountain View residents have signed a petition requesting that the Cuesta Annex be left in its natural state. 4. In response to a city survey requesting public opinion on the future of the Cuesta,Annex,the majority of respondents requested the Annex be left"as is." 5. The Cuesta Annex is an eco system which supports many species of wildlife and is home to majestic black walnuts,graceful oaks and the remnants of a prune,apricot and almond orchard. 6. Hundreds of residents visit the Annex to de-stress,exercise,walk their dogs and acquaint their children with a natural,undeveloped outdoor environment. Very few communities can boast an area such as this within city limits. Consider the following statistics published by the Wall Street Journal(article attached). From 2006 to 2010,the percentage of young children regularly engaging in outdoor recreation fell by roughly 15%. According to the latest research,untamed landscapes have a restorative effect,calming our nerves and refreshing the cortex. After a brief exposure to the outdoors,people are more creative,happier and better able to focus. Children with attention deficit disorder were found to have less behavioral problems and better able to focus on a particular task when surrounded by trees and animals. 7. Leaving the Cuesta Annex undeveloped and natural is consistent with Mountain View's Parks and Recreation policy of promoting and establishing park areas for residents throughout the city. ',-Ab CASE: JONAH LEHRER Mom Was Right: Go Outside Forget the bugs; your brain will sigh with relief HUMANS ARE QUICKLY becoming "There's a growing advantage volved repeating a series of num an indoor species. over time to being in nature,"says bens backward. In fact,just glanc- In part,this is a byproduct of ur- Dr.Atchley."We think that it peaks ing at a photograph of nature led to banization,as most people now live after about three days of really get- measurable improvements,at least in big cities.Our increasing reliance ting away, turning off the cell- when compared with pictures of on technology is also driving the phone. It's when you have an ex- cities. trend,with a recent study conclud- tended period of time surrounded This also helps to explain an ef- ing that American children between by that softly fascinating environ- feet on children with attention-defi- the ages of 8 and 18 currently spend ment that you start seeing all kinds cit disorder. Several studies show more than four hours a day inter- of positive effects in how your mind that,when surrounded by trees and animals, these children are less acting with technology. works." As a result, there's no longer This latest study builds on a likely to have behavioral problems time for nature:From 2006 to 2010, growing body of evidence demon- and are better able to focus on a the percentage of young children strating the cognitive benefits of particular task. regularly engaging in outdoor recre- nature. Although many of us find Scientists have found that even ation fell by roughly 15 percentage the outdoors alienating and uncom- a relativelycan paltry p etch natuive re points. This shift is occurring AwAk Fran In the late 1990s, even as scientists outline .Y Frances Kuo, director of Hu- the mental benefits of the Landscape and Hu- spending time in natural man Health Laboratory lli- settings. According to the at the University ie in latest research, untamed fens began interviewing landscapes have a rector- �. _ female residents in the ative effect, calming our Robert Taylor Homes, a frazzled nerves and re- massive housing project freshing the tired cortex. on the South Side of Chi After a brief exposure to cago. the outdoors, people are y Dr. Kuo and her col- more creative,happier and leagues compared women better able to focus. If a who were randomly as- better signed to various apart- there were a pill that de- livered these same results,de- ments. Some had a view we'd all be popping it. AFTER A BRIEF exposure to the outdoors, people of nothing but concrete Consider a forthcoming are more creative, happier and better able to focus. sprparking lots and basket- Ann e blacktop of paper by psychologist Ruth Atchley and her colleagues at fortable—the bugs,the bigger crit- ball courts. Others looked out on the University of Kansas.To collect ters, the lack of climate control— grassy courtyards filled with trees their data, the researchers joined the brain reacts to natural settings and flower beds.Dr.Kuo then mea with the nonprofit Outward Bound, by,essentially,sighing in relief. sured the two groups on a variety which takes people on extended ex- In 2009,a team of psychologists of tasks, from basic tests of atten- peditions into nature. To measure led by Marc Berman at the Univer- tion to surveys that looked at how the mental benefits of hiking in the sity of Michigan outfitted under- the women were handling major life middle of nowhere,Dr.Atchley gave graduates with GPS receivers.Some challenges.She found that living in 60 backpackers a standard test of of the students took a stroll in an an apartment with a view of green- creativity before they hit the trail. arboretum, while others walked ery led to significant improvements She gave the same test to a differ- around the busy streets of down- in every category. ent group of hikers four days into town Ann Arbor. Cities are here to stay; so are their journey. The subjects were then run smartphones. What this research The results were surprising:The through a battery of psychological suggests,however, is that we need hikers in the midst of nature tests. People who had walked to make time to escape from every- 0 showed a nearly 50% increase in through the natural setting were in one else, to explore those parts of performance on the test of creativ- a better mood and scored signifi- the world that weren't designed for ity, and the effect held across all cantly higher on tests of attention us.It's when we are lost in the wild age groups. and short-term memory,which in- that the mind is finally at home. ` V tl I I Sf- 'I Ott 1'!V& , - f ; r am Dec. 2012 Dear CPNA Neighbors: Kevin McBride's assertion that some CPNA homes and El Camino Hospital are in danger of flooding from Permanente Creek is false. In 1959,the Santa Clara Valley water district built the Permanente Creek Diversion channel behind Blach Junior High which directs between 115 and 143 acre feet of water per hour out of Permanente Creek and into Stevens Creek during major storms. There have been no major floods on Permanentc Creek since the diversion channel was built. During the 1998 El Nino storm,the Permanente Creek water shed received a larger rainfall than the San Fransquito Creek watershed, yet 400 Palo Alto homes on San Fransquito Creek flooded, and only two BASEMENT Level apartments north of McKelvey Park in Mountain View flooded (which will no longer happen since 2002 creek channel improvements). Engineers Michael Hayden and Richard Moll have analyzed the Santa Clara Valley water district's flood projections and find that they are 200%larger than the real world historic data on Permanente Creek flooding(see attachment "pennanenterealworldflow.JPG"). When pressed by Richard Moll on this issue at the November 20th water district meeting,the water district confessed that it has left a 30 foot deep detention basin on Rancho San Antonio Park's Rogue Valley trail out of it's Permanente Creek flood calculations. That is why there has never been a 1%flood event on Permanente Creek(see attachment"rogue valley basinjpg"). The water district should ensure this existing flood basin remains, not replace it with new ones. Furthermore, all recorded minor flooding of Pennanente Creek is recorded as happening north of where Hale Creek joins Permanente Creek near McKelvey Park--Hale Creek is the true source of all recorded floods since 1959. (with the 1983 exception when a Lehigh Cement factory levy broke, flooding Blach Junior High--an event water district monitoring should have prevented). Kevin does a disservice to the neighbors by not informing us of any of these man-made enhancements to Permanente Creek,but speaks as if the creek system was no different than since the beginning of time. He also fails to mention that the water district will be replacing the Permanente Creek diversion channel, and could modify it to hold more flood water than the annex,and in a location upstream of El Camino Hospital. Regarding Cuesta Annex, Kevin states that"only one heritage tree"will be removed, he does not mention the seventeen other trees to be clear cut that the city of Mountain View does not define as "heritage" including all the blossoming: almond and plum trees north of the tennis courts. He also fails to mention that the best views of the Santa Cruz Mountains will be lost to annex users when they have to walk in a basin 8 to 12 feet below ground level,and that the new tree plantings along the Cuesta Drive sidewalk will eventually block all views of the mountains from pedestrians and commuters on Cuesta Drive--ironic in a city named "Mountain View", Thank you for your attention and please take the above fhcts into consideration before you decide. Robert Schick i Midpeninsula Regional ! ' Open Space District R-13-12 Meeting 13-01 January 9, 2013 AGENDA ITEM 12 AGENDA ITEM Authorization to Amend the Existing Contract Agreement with TKO General Engineering and Construction (TKO) for the Staging Area and Connector Trail Project at El Corte de Madera Creek Open Space Preserve p p GENERAL MANAGERS RECOMMENDATION i Authorize the General Manager to amend the existing contract agreement with TKO b a not-to- g g g Y exceed amount of$125,000, for a total not-to-exceed amount of$618,000, which includes the contract amendment of$125,000, the base bid amount of$389,688, and the 26.5% contingency amount on the base bid only) of$103,31.2 to complete the construction of the Staging Area and ( Y) � p i� g Connector Trail Project at El Corte de Madera Creek Open Space Preserve. SUMMARY On July 25, 2012, the Board of Directors authorized the General Manager to execute a contract with TKO (see Report 12-69) to construct the Staging Area and Connector Trail Project at El Corte de Madera Creek Open Space Preserve. It included a 20% contingency to address unanticipated additional work. Unknown subsurface conditions discovered during excavation j almost depleted the 20% contingency and on September 26, 2012, the Board approved an additional $25,000 contingency to cover any remaining unanticipated issues (see Report R-12- 97). Only a portion of this contingency was needed to complete construction of the staging area in late October. Subsequent rains and the three storm events over the weekend of December 1, 2012, caused unanticipated drainage issues with the new storm water retention basins and required emergency repair work to halt overflows from the basins. Staff is in the process of evaluating the existing drainage system and the repairs made to date to determine what further long term changes to the drainage system are still needed. The requested contract amendment would cover the costs incurred to make the emergency repairs and future costs to make additional changes to the drainage system. Staff is pursuing recoup of these costs, which will depend in part on the results of the technical analysis that is currently underway. DISCUSSION Four change orders were approved to address unanticipated site conditions encountered during construction. i R-13-12 Page 2 Change Order No. I (completed)—Additional earthwork needed to address a long, four to five- foot deep seam of loamy soil that was discovered during driveway construction. Change Order No. 2 (completed)— Additional earthwork and grading associated with an existing California Water Service Company(Cal Water) pipe running under the proposed driveway. Change Order No. 3 (completed)—Additional passing area pullouts added to the Connector Trail to allow more areas where visitors can pass one another, given the heavy use anticipated on this trail. Change Order No. 4 (completed)—Additional changes, after Change Order No. 2 was approved, to the layout, grading, basins, and swale in the driveway area vicinity, as directed by ARCADIS, the project engineer, to address the Cal Water pipe located near Skyline Boulevard. The project was determined to be substantially complete by ARCADIS per engineering direction, drawings, and specifications as of October 26, 2012, except for a number of minor punch list items. However, due to drainage and overflow issues observed after the first few rains and then the three storm events that occurred over the weekend of December 1, 2012, District staff has remained vigilant and concerned about the drainage system's ability to perform to expectations and specifications and to prevent further overflows. The three storm event over the weekend of December 1, 2012 required emergency short-terin fixes to increase the capacity and improve the performance of the drainage system. However, in spite of these fixes, two recent storms over the weekend of December 22, 2012, have demonstrated that there are still capacity and drainage issues. All three basins were close to overflowing after only 30 minutes of hard rain and required District staff to pump water out to accommodate the storm water. Therefore, the project's drainage issues and potential for overflows need further study and correction. They do not appear, based on what the District has observed to date, to be caused by the construction work itself, which was performed per engineering direction, drawings, and specifications. Based on the information available at this time, the issue appears to be the engineering, design, and materials selection. The technical analysis currently underway will help inform what additional long-term drainage work is necessary. Presently, however, it is not certain what additional changes may be necessary, and an additional $125,000 provided by the proposed amendment will make it possible to conduct the work in as timely a manner as possible once the long-term fixes have been identified and designed. Staff is pursuing recoupment of these costs. This will be informed by the results of the technical analysis that is currently being conducted by Balance Hydrologics, a third-party peer review engineering firm contracted by the District after the storm events from the December Vt weekend. FISCAL IMPACT The FY2012-13 budget contains sufficient funds to cover the costs associated with this work, including the additional $125,000 for the contract amendment. R-13-12 Page 3 BOARD COMMITTEE REVIEW No Board Committee review was required for this portion of the Project. The Board has been kept apprised via manager reports on the developments at the site. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Staff completed a Mitigated Negative Declaration for the Project, which the District Board of Directors adopted on February 10, 2010. A Notice of Determination was filed with the San Mateo County Clerk Recorder on February 16, 2010. The District Board of Directors adopted an Addendum to the Mitigated Negative Declaration on March 14, 2012. NEXT STEPS Upon approval by the Board of Directors, the General Manager would be authorized to issue additional Change Orders for an additional not-to-exceed amount of$125,000 with TKO to cover construction services to make long-term changes to the drainage system the Staging Area and Connector Trail Project. These funds will only be used as needed. Responsible Department Manager: Tina Hugg, Acting Planning Manager Prepared by: Tina Hugg, Acting Planning Manager Contact person: Same as above I i ni 1 Regional M�dpe nsu a Reg l o a ' Open Space District To: Board of Directors From: Stephen E. Abbors I Date: January 9, 2013 Re: FYIs I i i i i GENERAL MANAGER Stephen F.Abbors Rmglo `Open Sp'�ce I Midpeninsula Regional Open Space District WARD OF DIRECTORS Pete Siemens Yoriko Kisturnoto January 2, 2013 Jed Cyr Curt Riffle Fiscal Officer for San Mateo County Fire Nonette Han ko Larry Hassett c/o Peggy Jensen,Deputy County Manager M Cecily Harris 555 County Center Redwood City,CA 94063-1662 Re: Agreement Between San Mateo County and Midpeninsula Regional Open Space District(District)— Report of Purchases and Semi-Annual Installment of Fire Services Fee Dear Ms. Jensen: On behalf of the District,I am forwarding the Fire Services Fee Payment Schedule(Schedule) and payment resulting from the District's property purchases within San Mateo County(County) in the District's Coastside Protection Area, as outlined in the March 2004 Agreement(copy attached). The District and County entered into the contractual Agreement for the provision of fire-related services to District lands in the Coastside Protection Area that are not currently provided within the State Responsibility Area by the California Department of Forestry and Fire Protection(Cal Fire). According to the Agreement,the District will, in exchange for the County's fire services, compensate the County by means of a Fire Services Fee. The District has purchased three properties within the District Coastside Protection Area since its last report to you on July 2012. These properties are the 30.78—acre Sempervirens Fund (Lagomacino) property(APN 081-100-040), purchased on June 15,2012;the 5 8.7-acre Gallaway property(APN 08 1- 100-080 and portion of 081-100-160),purchased on September 5,2012; and the 952-acre POST(Toto Ranch)property (APN 081-060-010,081-060-100, 081-060-110, and 081-060-120),purchased on November 30,2012. The POST(Toto Ranch) property currently has tenants which will pay possessory interest tax;therefore,no service fee will be due from the District to County so long as the alternative tax is assessed in accordance with Section 5d of that Agreement. In accordance with the Agreement,please find enclosed the Fire Service Fee of$3,014.62 for the January 2013 installment covering the properties identified on the attached Schedule. If you have any questions regarding this letter or the attached schedule, please contact me directly at (650) 691-1200 Ext. 542 or by email at mwilliams@ openspace.org. Sincerely, Michael C. Williams, Real Property Manager MCWjc Enclosure: Fire Service Fee Payment Schedule Check 330 Distel Circle Los Altos,CA 44022 I P 6w.64a.1200 F 6so 692.048S wwwopenspace Org Fire Service Fee Agreement December 13,2012 Page 2 cc: Midpeninsula Regional Open Space District Board of Directors Stephen E. Abbors, General Manager David Sanguinetti, Operations Manager Gordon Bailey, Operations Management Analyst John Maltbie, County Manager ,Carol Mondino, Senior Appraiser Fire Service Fee Pa ment Schedule Assessor Parcel No Purchase General Tax %Fire Service Fee install Install install Install Install Install Install Install Install Install Install Install Date Rate 7/1/07 1/1/08 7/1/08 1/1/09 7/1/09 1/1/10 7/1/10 1/1/11 7/1/11 1/1/12 7/1/12 1/1/13 Miramontes Ridge 056-440-010 8/30/2005 $ 3,298.07 0.0775 $ 255.60 056-440-060 $ 3,298.06 0.0775 $ 255.60 056-440-070 $ 3,298.07 0.0775 $ 255.60 D56-450-020 $ 1 561.00 0.0775 $ 120.98 Sub-total $ 887.78 $ 452.77 $ 461.82 $ 461.82 $ 471.06 $ 480.48 $ 480.48 $ 490.09 $ 490.09 $ 499.89 $ 499.89 $ 509.89 $ 509.89 Rapley Ranch 078-210-370 1/10/2006 $ 10,010.00 0.0775 $ 775.78 080-320-170 $ 24,490.00 0.0775 $ 1,897.98 Sub-total $ 2,673.75 $1,363.61 $1,363.61 $1,390.88 $1,390.88 $1,418.70 $1,418.70 $1,447.08 $1,447.08 $1,476.02 $1,476.02 $1,505.54 $1,505.54 Portola Lookout 085-130-050 1/11/2006 $ 6,109.80 0.0775 $ 473.51 $ 241.49 $ 241.49 $ 246.32 $ 246.32 $ 251.25 $ 251.25 $ 256.27 $ 256.27 $ 261.40 $ 261.40 $ 266.62 $ 266.62 Forde 066-240-020 10/31/2006 $ 895.66 0.0775 $ 69.41 $ 34.71 $ 35.40 $ 35.40 $ 36.11 $ 36.83 $ 36.83 $ 37,57 $ 37.57 $ 38.32 $ 38.32 $ 39.09 $ 39.09 Peery 067-370-010 11/29/2006 $ 186.47 0.0775 $ 14.45 067-310-030 $ 179.23 0.0775 $ 13.89 Sub-total $ 28.34 $ 14.17 $ 14.45 $ 14.45 $ 14.74 $ 15.04 $ 15.04 $ 15.34 $ 15.34 $ 15.65 $ 15.65 $ 15.96 $ 15.96 Tunitas Creek Ranch 081-090-020 2/23/2007 $ 3,331.21 0.0775 $ 258.17 081-090-040 $ 351,27 0,0775 $ 27.22 066-260-040 $ 123.87 0.0775 $ 9.60 Sub-total $ 294.99 $ 147.50 $ 147.50 $ 150.45 $ 150.45 $ 153.45 $ 153.45 $ 156.52 $ 156.52 $ 159.65 $ 159.65 $ 162.85 $ 162.85 Mind ego Ranch 080-320-060 7/10/2008 $ 1,391.12 0.0775 $ 107.81 080-340-010 $ 3,250.43 0.0775 $ 251.91 083-310-060 $ 812.61 0.0775 $ 62.98 Subtotal $ 422.70 no no no $ 211.35 $ 215.58 $ 215.58 $ 219.89 $ 219.89 $ 224.28 $ 224.28 $ 228.77 $ 228.77 Boyd I 080-330-170 1211W008 $ 2.63 0.0775 $ 0.20 no no no $ 0.10 $ 0.10 $ 0.10 $ 0.11 $ 0.11 $ 0.11 $ 0.11 $ 0.11 $ 0.11 POST Roberts 064-390-020 6/3012009 $ 5,237.52 0.0775 $ 405.91 no no no no $ 202.96 $ 202.96 $ 207.01 $ 207.01 $ 211.15 $ 211.15 $ 215.38 $ 215.38 Sare-Method ii 056-430-010 3/12/2010 $ 66.52 no no no no no no $ - $ $ $ $ - $ 34.60 Sem s-Method 8 081-100-040 6/1512012 $ 13.11 no no no no no no na no no no $ $ 13,11 Gallaway Ptn 081-100-080 Method If 9/5/2012 $ 15.76 081-100-160 9/5/2012 $ 382.50 0.0775 $ 29.64 Subtotal $ 45.40 no no no no no !no no no Ina no I no $ 22.70 TOTAL 1 1$ 5,381.63 $2 254.24 $2,264.28 $2 299.33 $2,521 Al 1$2.774.39 1$2 774.39 $2,829.87 $2,829.87 1$2,886 $2,886.47 1$2,944.20 $3,014,62] See Section 5 of the Agreement between San Mateo County and Mipeninsula Regional Open Space District(Regarding Fire Services)for annual service fee increase calculations. 12/12/2012 i i I I GENERALMANAGER Stephen E.Abbols Regional OpenSpace I Midpeninsula Regional Open Space District I BOARD OF DIRECTORS Fete Siemens Yoriko Kishimoto January 2,2013 led Cyr Curt Riffle Nonette Hanko La Honda Pescadero Unified School District Larry Hassett P.O. Box 189 cecilymairis Pescadero,CA 94060 Attn: Amy Wooliever, Superintendent Re: Agreement Between La Honda Pescadero Unified School District(LHPUSD) and Midpeninsula Regional Open Space District(District)—Report of Purchase and Semi-Annual Installment of Tax Compensatory Fee Dear Superintendent Wooliever: On behalf of the District, I am forwarding the Tax Compensatory Fee Payment Schedule (Schedule) and payment resulting from District property purchases within the LHPUSD boundary and the District's Coastside Protection Area, as outlined in the March 2004 Agreement. The Agreement requires the District to make Tax Compensatory Fee payments to LHPUSD in two semi- annual installments on January I"and July Is' of each calendar year for any lands purchases completed by the District within the LHPUSD boundary. The District has not purchased any additional properties within the LHPUSD boundary since its last report to you on July 2012. In accordance with the Agreement,please find enclosed-the LIIPUSD Tax Compensatory of$8,032.71. This payment is for the January 2013 installment covering the properties identified on the attached Schedule. If you have any questions regarding this letter or the attached payment schedule, please contact me directly at(650) 691-1200 Ext. 542 or by email at mwi.Iliarns@openspace.org. Sincerely, LitMichael C. Williams,Realperty Manager MCW.jc Enclosure: LHPUSD Tax Compensatory Fee payment Schedule Check cc: Midpeninsula Regional Open Space District Board of Directors Stephen E. Abhors, General Manager David Sanguinetti, Operations Manager Gordon Bailey, Operations Management Analyst II Carol Mondino, Senior Appraiser 3_3ODi5tel Circle Los Altos,CA9402 I F15SO.69L_1200 t6w.691.048_% www.openspace.org LHPUSD Tax Compensatory Fee Payment Schedule Assessor Parcel Purchase General % LHPUSD Install install Install install Install install Install install Install Install Install install Install No. Date Tax Rate School Tax Share 111/07 7/1/07 1/1/08 7/1/08 111109 7/1/09 01/01/10 07101/10 01/01/11 07/01/11 01/01/12 07/01/12 01/01/13 Rapley Ranch 080-320.170 1110/2006 $1,682.16 0.47 $790.62 $395.31 $403.21 $403.21 $411.28 $411.28 $419.50 $419.50 $427.89 $427.89 $436,45 $436.45 $445.18 $44518 Portola Lookout 085.130-050 1/11/2006 $880,15 0,47 $413,67 $206.84 $210.97 $210,97 $215,19 $215,19 $219.50 $219.50 $223.89 $223.89 $228.36 $228.36 $232.93 $232.93 Driscoff Ranch 078-29"10 12/15/2006 $3,362,58 0A7 $1,580.41 078-290.020 $7,772.53 0.47 $3,653.09 078 30 $2,811.34 0.47 $1,321.33 078 290 460 $7,882,77 0.47 $3,704,90 Sub-total 10,259.73 $5.129.87 $5,129.87 $5,232.46 $5,232.46 $5.337.11 $5,443.86 $5,443.86 $5,552.73 $5,55273 $5,663.79 $5,663.79 $5,777.06 $5,777.06 Mind ego Ranch 7/10/2008 080-320-OW $1,391.12 0.47 $653.83 080-340-010 $3,250.43 0.47 $1,527.70 083-310-060 $812,61 0.47 $381,93 Sub-total $2,563.46 na na na na $1,281.73 $1,307.36 $1,307.36 $1,333.51 $1,333.51 $1,360,18 $1,360.18 $1,387.39 $1,387,39 Boyd 080-330-170 12119/2008 $ 2.63 0.47 $1.24 na na na Ina $0.62 $0.63 1$0.63 $0.64 $0.64 $0.66 $0.66 1$0,67 $0.67 Bergman 080-330-080 11/29/2010 $ 775.01 0.47 $364.25 na na na na na na na na $182.13 $185.77 $185.77 $189.49 $189A9 TOTAL $14,028.72 $5,732.02 $5,744.05 $5,846.64 $5,858.93 $7,245.93 $7,390.85 $7,390.85 $7,538.67 1$7,720.79 $7,875.21 $7,875.21 $8,032.71 $8,032.71 Rental Property-if a possessory tax("Alternative Tax")is assessed,service fee credited in accordance with Section5.f of the Agreement Between La Honda-Pescadero Unified School District and Midpeninsula Regional Open Space District, Possessory Tax Account % 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 Credit Number School General School General School General School General School General School General School Tax Rate Service Tax Rate Service Tax Rate Service Tax Rate Service Tax Rate Service Tax Rate Service Fee Credit Fee Fee Fee Fee Fee Driscoll Ranch 078-290-010 216180005 0.47 $ 374.26 $ 175.90 $ 373.74 $ 175,66 $ 373.21 $ 175.41 $ 373.21 $ 175.41 $ 371.63 $ 174.67 $ 371.10 $ 174A2 078-290-020 216180006 0,47 $ 928.19 $ 436,25 $ 926.89 $ 435.64 $ 925.58 $ 435.02 $ 925.58 $ 435.02 $ 921.66 $ 433.18 $ 920.35 $ 432.56 078- 0 216180007 0.47 $ 602S7 $ 283.21 $ 601.72 $ 282,81 $ 600M $ 282A1 $ 600.88 $ 282.41 $ 598.33 $ 281.22 $ 597.48 $ 280A2 078- 216180008 0.47 $ 1,261.30 $ 592,81 $ 1,259.52 IS 591,97 $ 1257.75 $ 591.14 $1,257.75 $ 591.14 $ 1,252.42 $ 588.64 $1,250.64 $ 587.80 Ber man I I $ OW330-M 0.47 na I na na na na na na na $ 430.00 $ 202,10 $ 429.97 $ 202.09 $1,488.17 $1,486.08 $1,483.99 $1,483.99 $1,477.70 $1,475.60 1 2/1 212 0 1 2