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Home My Public Portal About20031112 - Agendas Packet - Board of Directors (BOD) - 03-25 Regional Open St. --e .. ..................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT {'Fll}BRA I I N(: 30 YEARS OF OPEN SPA(A' PRESERVA110N Meeting 03-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday,November 12, 2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 5:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 5:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and, at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Lea Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) -three potential cases 2 Conference with Legal Counsel—Existing Litigation,Government Code Section 54956.9(a) Name of Case—Half Moon Bay Coastside Foundation,et al.v. Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV432548 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF ME MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL CommumiuuoNs —Public ADOPTION OF AGENDA—M. Davey ADOPTION OF CONSENT CALENDAR—M. Davey ADOPTION OF MINUTES 0 October 21,2003 WRITTEN CommumcAmNs—3 Letters BOA"BUSINESS 7:40* 1 Proposed Addition of Santa Clara County Assessors Parcel Numbers 562-06-009(James Property),as an Addition to Mt. Urnunhum Area of Sierra Azul Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)as Set Out in this Report;Adopt the Attached Resolution Authorizing Purchase of the James Property;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report,Including Naming the Property as an Addition to the Mt. Urnunhurn Area of the Sierra Azul 330 Distel Circle 650-691-12oo info@openspace.org BOARDOF DIRECTORS Pete SfernenS,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,None to Hanko,Larry Hassett,Kenneth C.Nitz L,Craig Britton Meeting 03-25 Page 2 Open Space Preserve;Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at this Time—M.Williams 7:55* 2 Approve"Mid-Year"Amendments to the 2003-2004 Fiscal Year Budget;Accept the District Controller's Mid-Year Financial Report;Approve the Attached Resolution Implementing an Amendment to the 2003-2004 Fiscal Year Budget in Accordance with the Administration and Budget Committee Recommendation—C. Britton 8:10* 3 Update on Resource Management Program; Review Status of Resource Management Program;No Formal Board Action is Required—C. Roessler 8:50* 4 Notice of Contract Completion for Construction of the Parking and Staging Area at the Jacques Ridge Entrance to Sierra Azul Open Space Preserve;Authorize the General Manager to Execute the Notice of Contract Completion for the Jacques Ridge Staging Area Project—D. Vu *** 5 Approval of the Second Amendment to Communications Tower Lease Between the County of San Mateo and the Midpeninsula Regional Open Space District at Russian Ridge Open Space Preserve; Determine that the Recommended Actions are Not a Project for Purpose of the California Environmental Quality Act(CEQA)as Set Forth in this Report;Authorize the President of the Board of Directors to Execute the Second Amendment to Lease Between the County of San Mateo and Midpeninsula Regional Open Space District at Russian Ridge Open Space Preserve—M.Williams *** 6 Approve the Preliminary Use and Management Plan as Set Out in the Attached Closing Memo for the Edes"Redwood Park"Property Addition to Purisima Creek Redwoods Open Space Preserve—M. Williams *** 7 Approval of Adoption of Resolution to Amend Section 1.80 of the District's Rules of Procedure Regarding Appointment of Voting Alternates to Committees of the Board—S. Schectman 9:00* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVISED CLAIMS 9:15* AwouRNMENT * Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates *** 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. Kt?g1orhil OpCMIS"[: REGIONAL OPEN SPACE DISTRICT Meeting 03-23 SPECIAL MEETING BOARD OF DIRECTORS October 21, 2003 Town of Portola Valley,California Town Hall 765 Portola Road,Room 8 MINUTES SPECIAL MEETING L ROLL CALL President Nonette Hanko called the meeting to order at 7:30 p.m. Members Present: Jed Cyr, Nonette Hanko, Ken Nitz, Mary Davey,Pete Siemens, Larry Hassett, Deane Little (arrived at 7:3 5 pm) Members Absent: None Staff Present: Craig Britton, Sally Thielfoldt, Mike Williams, and Mike Foster 11 ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded the motion. The motion passed 6 to 0. III. BOARD BUSINESS A. Agenda Item No. I—Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 2004 Revenue Bond Financing by the Midpeninsula Regional Open Space District Financing Authority and the Significant Public Benefit Thereof—(Report R-03-109). President Hanko opened the Public Hearing. Tom Lockard, Managing Director of Stone and Youngberg LLC, explained the reason for the public meeting including information about refinancing the 1993 3y"' --y GENERAL MANAGER'. Nit? L Craig Britton COPs, partial refund of the 1999 Promissory Notes, and a benefit of$170,000 in savings to the District. Discussion: L. Hassett asked if the refinancing would include spending money in Santa Cruz County. C. Britton stated that there were no plans to purchase lands in Santa Cruz County. President Hanko asked for public comment—There was none and the public hearing was closed. No formal Board action was required for this agenda item. IV. ADJOURNMENT At 7:40 p.m., the meeting was adjourned. Sally Thielfoldt Recording Secretary Regional Open Spuce R-03-115 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-25 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION November 12 2003 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of Santa Clara County Assessors Parcel N s 562-06-009 (James Property), as an Addition to Mt.Umunhum Area of Sierra Azul Open Space eserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA)as set out in this report. 2. Adopt the attached Resolution authorizing purchase of the James property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold dedication of the property as public open space at this time. DESCRIPTION (see attached map) The District has the opportunity to acquire the 36.62-acre James Property located near Mt. Umunhum in Sierra Azul Open Space Preserve. Situated on a prominent ridge at the headwaters of Herbert Creek,the property straddles a major scenic ridge that is highly visible from portions of Santa Clara and Santa Cruz Counties. The rugged and densely wooded property provides excellent habitat for a variety of wildlife, including mountain lion that roam the surrounding 15,759-acre Sierra Azul Open Space Preserve. At an elevation of 3,280 feet,a hilltop located adjacent to Loma Prieta Road offers scenic views of Santa Clara Valley,the Diablo range and the Monterey Bay Area. Loma Prieta Road passes through the southwest corner of the property,providing access to the southeastern portion of the open space preserve and eventually Forest of Nisene Marks State Park. Some day this road may become a valuable link in the planned Bay Area Ridge Trail, connecting Mt. Umunhum to Loma Prieta and Mt. Madonna. This acquisition is most important in terms of protecting scenic views,valuable watershed and wildlife habitat, and providing opportunities for regional trail connections, including those to State and County parklands. The James property is bounded by District land to the north, south and east,and developed private property to the west. The former Mt. Umunhum air base is located one and one-half miles to the northwest. Access to the property is along Loma Prieta Road, an unsurfaced road passing through the southwest corner of the property and intersecting with Mt. Umunhum Road approximately '/4 mile to the northwest. The upper end of Mt. Umunhum Road and Loma Prieta Road are gated and closed to public vehicular use. Loma Prieta Road extends nearly five and one-half miles from Mt. Umunhum Road to Loma Prieta Avenue and Mt. Madonna-Summit Road. 33o Distel Circle 650-691-i2oo info@openspace.org BOARD OF DI RECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett Kenneth C.Nitz L.Craig Britton R-03-115 Page 2 The property's steep and rugged northeast-facing slopes form, in part, some the uppermost headwalls of the Herbert Creek watershed. The slopes rise abruptly above the creek to a 3,280 foot hilltop that is located near the southwest corner of the property where two prominent ridgelines meet. The first is part of the long flat spine-like ridge that extends from Mt. Umunhum to Loma Prieta and then beyond to Mt. Madonna. The second ridge descends gently at first down towards Herbert Creek in the northeasterly direction. On the northwest side of the ridge, a deep and densely wooded ravine is lined with bay laurel and maples indicating there is ample water from springs that are feeding a tributary to Herbert Creek. Chaparral, including thick stands of chamise and manzanita, and a knobcone pine forest characterize the drier ridgetops and upper slopes near Loma Prieta Road. The diverse landscape and springfed creeks provide a rich habitat for a wide variety of wildlife, most notably the mountain lion. Preserving this area helps prevent fragmentation of mountain lion habitat which is one of the most important attributes of Sierra Azul Open Space Preserve. Loma Prieta Road, including the segment passing through this property could someday provide an important link in the Bay Area Ridge Trail and a regional trail to the sea through Forest of Nisene Marks State Park. The southern alignment of the Bay Area Ridge Trail is planned in the vicinity of Loma Prieta Road,connecting Mt. Umunhum to Loma Prieta and Mt. Madonna before turning eastward, crossing the Santa Clara Valley and climbing into the east foothills. Although short segments of Loma Prieta Road pass through private property, the majority of the road is within the boundaries of the Open Space Preserve. Views from the planned trail within the property are primarily to the south and west and include the Monterey Bay Area. With the exception of Loma Prieta Road and remnants of an old roadbed that extends across the hilltop on the north side of Loma Prieta Road,there are no other improvements on the property. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Residential development of the upper portion of the property would be feasible due to easy access on Loma Prieta Road. The property has two appurtenant unsurfaced access roads which pass through the private property to the north before intersecting with Mt. Umunhum Road. The main access road is along Loma Prieta Road heading northwest. The second road serves as an alternative route to Mt. Umunhum Road passing through the northeast portion of the adjacent private property. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future,the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. R-03-115 Page 3 Signs: Install preserve boundary signs where appropriate. Name: Name the property as an addition to the Sierra Azul Open Space Preserve. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 36.62-acre property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately,the property will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CAA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Sierra Azul Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS& CONDITIONS The 36.62-acre James property is being acquired at a purchase price of$250,000(approximately$6,827 per acre)on an all cash basis at the close of escrow. The property consists of one residential building site in Santa Clara County with views of the Monterey peninsula to the south and the Santa Clara valley to the north. In 2001, the property was listed on the open real estate market at$489,000 before being taken off the market. The purchase price is considered fair and reasonable in this market area and has been confirmed by an independent appraisal of the property. R-03-115 Page 4 ECONSIDERATIONS BUDG T , 2003-2004 Budget for Land Acquisition New Land $15,000,000 New Land Purchased this year (3,515,000) James Acquisition proposed on this agenda (250,000) Acquisition Budget Remaining $11.235.000 Controller M.Foster has been consulted on this proposed acquisition, and has indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Mt.Umunhum area of Sierra Azul Open Space Preserve for protection of wildlife habitat,watershed,and scenic backdrop. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Manager Exhibit Prepared by: Ruthie-Harari-Kremer,Open Space Planning Technician Contact Person: Michael C. Williams, Real Property Manager RESOLUTION 03- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER OR THE GENERAL MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF JAMES) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Ivor J. James, Jr., as Trustee of the James Family Living Trust Agreement dated March 28, 1978 and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to$5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents which are necessary or appropriate to the closin or g g rY implementation of this transaction. Section Six. It is intended,reasonably expected,and hereby authorized that the District's general fund will be reimbursed in the amount of$250,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been,or are reasonably expected to be,reserved or allocated on a long-term basis,or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby j declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PROPOSED JAMES ACQUISITION Sierra Azul Open Space Preserve Its[ %1400 0 zf L OPEN SPACE PRESERV ... ....... James Property (approx. 36.62 acres) L Ms MAea 0 0,25 0.5 1 G PROJECTSSIERFZA,_AZaWROPOEECLYMU_ACQ`AROP CLJAME$_AOQ.MXD Regional Open Sp,-.:e R-03-117 Meeting 03-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 12, 2003 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION AGENDA ITEM 2 AGENDA ITEM Approve "Mid-Year" Amendments to the 2003-2004 Fiscal Ye Budget GENERAL MANAGER'S RECOMMENDATIONS 1. Accept the District Controller's Mid-Year Financial Re 2. Approve the attached Resolution implementing an amendment to the 2003-2004 Fiscal Year Budget in accordance with the Administration and Budget Committee recommendation. DISCUSSION The 2003-2004 Fiscal Year Budget was approved by Resolution No. 03-34 at your March 26, 2003 meeting (see Report R-03-34). The Administration and Budget Committee met on October 22, 2003 to review and discuss the following: 1. Fiscal year 2002-2003 year-end summary of actual versus projected expenditures. 2. Fiscal year 2003-2004 year-to-date budget analysis. 3. Controller's status report on mid-year budget income and expenditures (a Mid-Year Financial Review is attached to this report). As part of the mid-year budget review process, staff recommended adjustments to specific budget categories in order to address changes that have either been approved by the Board on a case-by-case basis or those deemed to be necessary to meet unanticipated changes to projects. The most significant adjustments pertain to salaries and benefits, coastal annexation, capital improvements, and land and debt service payments. These adjustments do not increase or decrease the total budgeted amount, but simply transfer monies from accounts expected to be under spent into accounts where additional funding is needed (see Exhibit A). Many of the adjustments reflect expenditures the Board has reviewed and approved since the adoption of the 2003-2004 budget but some are adjustments that are just now being addressed as part of the mid- year budget review process. In those cases where the Board has already taken action and appropriated additional funding, it has not been necessary to increase the budget to the full amount of the appropriation due to cost savings in related categories of the budget. An example occurs where the Board has appropriated an additional $275,071 to cover costs associated with increased salaries and benefits for employees, but only $186,874 is necessary due to unanticipated staff vacancies. The following is a summary of the more significant adjustments being proposed at this time. 33o Distel Circle 650-691-I200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-03-117 Page 2 • Deduct $620,000 from Debt Service resulting from the proposed refinancing of the 1993 and 1995 notes, as there will be one month near the end of the fiscal year that interest payments would not be necessary. Of this amount, $339,101 will be directed to line items in the budget needing additional funding and the remaining$280,889 will be added to Land Expenditures. • Add $186,874 to Salaries and Benefits to cover additional costs appropriated by the Board when approving the contract with the SEILJ Local 715 and sal and benefit PP g �'Y adjustments, including a 4-point cost of living (COLA)for office, supervisory and management staff(see Reports R-0348 and R-0349). In addition, the Board authorized the filling of the Real Property Manager's position and approved salary and meritorious awards for Board appointees(see Reports R-03-78, R-03-91, and R-03-93). • Add $50,000 to Legal Fees to provide legal services necessary for pending litigation relating to the proposed coastal annexation. • Add $15,000 to Regular Outside Services for temporary office help to backfill for current staff vacancies. • Add $197,800 to Contract Services to provide additional funds for recruitment services and consultant services for assistance with the coastal annexation; $30,000 was approved by the Board for recruitment services and $154,600 was approved to provide communication and public affairs services (see Reports R-03-83 and R-03-90). • Add $20,900 to Postage to increase the mailing of two additional newsletters to the coastal area. The Board authorized an additional expenditure of$11,500 when authorizing the contract with Western Press and Mail(see Report R-03-97). • Deduct $24,500 from Property Taxes due to the cancellation of taxes on properties in Santa Cruz County. • Add $20,700 to Communications and Publications to increase production of newsletters for two additional mailings to the coastal area. The Board approved an additional amount not to exceed $13,800 when authorizing the amendment to the contract with Shoreline Printing of Mountain View(see Report R-03-97). • Deduct $181,438 from Structures and Improvements which reflects a net change after adding budget for the Foothills shop building and Picchetti seismic upgrade and subtracting budget for bridges for Virginia Mill and Grabtown trails due to permitting timing problems, and completing the Jacques Ridge staging area project under budget. • Add $280,899 to Land Expenditures, representing the remaining portion of debt service savings that is not being used to offset increased expenses in the preceding budget line items. Controller Mike Foster's status report indicates that mid-year spending levels were not out of the ordinary and income levels were on track. The Controller's detailed report is attached. Prepared by: Del Woods, Senior Acquisition Planner Sally Thielfoldt, Administration and Human Resources Manager Contact person: L. Craig Britton, General Manager RESOLUTION NO. 03- RESOLUTION OF TBE BOARD OF DIRECTORS OF TBE M[IDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AMENDMENTS TO TBE BUDGET FOR FISCAL YEAR 2003-2004 The Board of Directors of the Nfidpeninsula Regional Open Space District does resolve as follows: Whereas on March 26, 2003, the Board adopted Resolution No. 03-34 approving the 2003-2004 fiscal year budget; and Whereas some line-item adjustments are warranted to incorporate expenditures authorized by the Board after the adoption of the budget and others are expenses due to business necessity; and Whereas the Administration and Budget Committee recommends adoption of the amended budget. Now,therefore, be it resolved as follows: Section One. The Board of Directors of the Nfidpeninsula Regional Open Space District adopts the attached amended budget(Exhibit A)for 2003-2004 and amends Resolution No. 03-34 accordingly. Section Two. The budget for the Midpeninsula Regional Open Space District for fiscal year 2003-2004 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a part hereof by this reference. Section Three. Monies are hereby appropriated in accordance with said budget. E. Services and Supplies 17. Personnel Development $92,060 $92,060 18. Maintenance/Repair of Equipment 21,200 21,200 19. Computer Expenses 41,110 41,110 20. Office Supplies/Small Equipment 24,950 8,500 33,450 21. Field Supplies/Small Equipment 128,920 128,920 22. Outside Maintenance Services 333,950 (700) 333,250 * 23. Permits, Fee, Property Taxes 65,200 (24,500) 40,700 24. Miscellaneous 850 850 * 25. Communications- Publications 132,300 20,700 153,000 26. Communications - Special Projects 17,000 17,000 27, Volunteer Program 31,300 31,300 Services and Supplies Subtotal $2,401,358 $334,665 $2,736,023 F. Fixed Assets * 1. New Land Purchases $15,000,000 $280,899 $15,280,899 2. Real Property Support Costs- 150,000 150,000 Appraisals, Title, Legal, Engineering * 3. Structures and Improvements 2,051,158 (181,438) 1,869,720 4. Field/Office Equipment 47,000 7,000 54,000 5. Vehicles 129,500 (8,000) 121,500 Fixed Assets Subtotal $17,377,658 $98,461 $17,476,119 TOTAL EXPENDITURES $32,701,096 $0 $32,701,096 * Items summarized in Report R-03-117 EXHIBIT A Midpeninsula Regional Open Space District Amended Budget for Fiscal Year 2003-2004 I. Revenues A. Tax Revenues $19,117,000 $19,117,000 B. Grant Income 561,000 561,000 C. Interest Income 735,000 735,000 D. Property Management-Rental Income 758,000 758,000 E. Other Income 200,000 200,000 TOTAL REVENUES $21,371,000 $21,371,000 II. Increase in Reserves ($11,330,096) ($11,330,096) III. Expenditures A. Debt Service * 1. Interest $4,162,739 ($620,000) $3,542,739 2. Principal 2,804,231 2,804,231 Debt Service Subtotal $6,966,970 ($620,000) $6,346,970 B. Salaries 1. General Manager 138,557 7,743 146,300 2. Controller 15,000 1,684 16,684 3. Legal Counsel 86,117 15,556 101,673 4. Board Appointee Meritorious Awards 9,588 9,588 5. General Manager Appointees 4,512,635 129,275 4,641,910 Salaries Subtotal 4,752,309 163,846 4,916,155 C. Benefits 1,177,801 23,028 1,200,829 D. Director's Fees 25,000 25,000 * Salaries and Benefits Subtotal 5,955,110 186,874 6,141,984 E. Services and Supplies * 1. Legal Services $85,000 $48,000 $133,000 * 2. Regular Outside Services 116,700 20,000 136,700 * 3. Contract Services 633,625 255,290 888,915 4. Election Expense 5. Library and Subsrciptions 10,268 10,268 6. Management Agreements 50,000 50,000 7. Rents and Leases 79,325 (2,725) 76,600 8. Utilities 133,850 133,850 * 9. Postage 61,500 20,900 82,400 10. Printing and Duplicating 31,750 (6,400) 25,350 11. Insurance 87,100 87,100 12. Advertising 16,000 (4,900) 11,100 13. Maps and Aerials 7,550 7,550 14. Private Vehicle 12,200 12,200 15. District Vehicle 172,000 172,000 16. Business Meeting 15,650 500 16,150 Regional Open Space MI DPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM OCT0BE1Z 30, 2003 To: Board of Directors FP,om: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 2003. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is down $8.1 million as the District completed $8.8 million of land purchases and made$4.9 million of debt service payments. The land additions are detailed in Exhibit E. It should be noted that $3.5 million of the $28.0 million cash balance are reserve funds to secure outstanding public notes, and,therefore, not available to fund District expenditures. The District issued $1.5 million of new debt during this period(Hunt acquisition) . District bonded indebtedness is now approximately 34% of our statutory debt ceiling. Approximately 69% of our total debt is lease debt,which does not count against the statutory debt ceiling. Exhibit B shows our six-month revenues compared to the same period a year ago and to the twelve month budget. Tax receipts in this period are up 5.2%from the prior year period. Information from the counties indicates that overall tax revenue for the full twelve-month period is likely to be about $240,000(1.3%) less than the amount assumed in the 2003-2004 budget. Grant receipts exceed the annual budget because the budget assumed that the $1.25 million grant on the McKannay property acquisition would be received by the end of 2002-2003; instead, it was received in April. Interest income is 37%below last year's level due to 20% lower cash balances and about one percentage point lower rate of return. Other Income includes the unanticipated $200,000 trust donation. Exhibits C and D review six-month operational and development spending against the twelve month budget (C) and compared to the same period last year(D). The District spent 43%of its twelve-month administrative, operations, and development budget during the first six months. This is identical to our mid-year position last year and similar to the levels at mid-year in the prior five years(43%, 44%, 41%, 47%, 45%). By department, six month(non-land purchase) spending versus the twelve month budget was Administration 55%, Operations 52%, Public Mid-Year Financial Review October 30, 2003 Page 2 Affairs 38%, Real Property 38%, and Planning 31%. Most of the under-spending is in the Structures and Improvements(S&I) category(at 20%of annual budget); excluding S&I, total non-land purchase spending was at 48%of annual budget. Salaries are running at 52%of budget because the adopted budget did not include the 4% COLA increase. As shown in Exhibit D, administration, operations and development spending is up 7%from last year's first half spending rate. Salaries are up 8%and benefits are up 11%. The large year-over- year increase shown on the"Other Non-Land" line is primarily due to an accounting change made, at the recommendation of our auditors, at the beginning of the year, whereby we increased the threshold level for a fixed asset from$500 to $5,000. The change caused field, office and computer supplies(included in"Other Non-Land")to be about$60,000 higher than they would have been under the prior accounting; these costs would have been under"Equipment and Vehicles" in prior years. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by; Michael Foster, Controller EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Comparative Balance Sheet March 31 and September 30,2003 (Thousands) September 30,2003 March 31,2003 (Unaudited) (Audited) Cash and Equivalents $27,956.1 $36,070.4 Receivables 1,493.8 5,109.7 Prepaid Expenses 0.2 0.2 Land,at cost 233,709.2 224,837.5 Equipment 2,671.0 2,550.1 Structures and Improvements 11,196.8 10,768.9 TOTAL ASSETS $277,027.1 $279,336.8 Accounts Payable $288.9 $328.9 Accrued Liabilities 394.1 377.5 Trust Fund—City of Menlo Park 515.5 515.5 Land Contract Debt 271.7 271.7 Public Notes Payable 116,306.2 117,592.4 TOTAL LIABILTM $117,766.4 $119,086.0 TOTAL EQUITY $159,260.7 $160,250.8 i EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Venus Prior Year(Unaudited) (Thousands) Six(6)Months Ended September 30 2003 2002 Property Taxes $7,331.4 $6,949.0 Tax Subventions 507.8 504.9 Interest Income 387.8 620.5 Grant Income 1,303.8 55.7 Property Management 316.2 340.0 Fines 3.8 5.1 Other 305.0 159.2 TOTAL RECEIPTS $10,155.8 $8,633.4 Six Month Revenue Venus Twelve Month Budget 2003 2003 Twelve Month Six Month Budget Receipts Property Taxes $18,307.0 $7,331.4 Tax Subventions 810.0 507.8 Interest Income 735.0 387.8 Grant Income 561.0 1,303.$ Property Management 758.0 316.2 Fines 0.0 3.8 Other 200.0 305.0 TOTALS $21,371.0 $10,155.8 EDIT C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Sig Month Operating v.Twelve Month Budget April-September,2003 (Thousands) Twelve Month Six Month Budget Spending Salaries $4,752.3 $2,463.6 Benefits 1,202.8 603.9 Subtotal $5,955.1 $3,067.5 Other Contract Services 750.3 297.5 Vehicle Expense 194.2 78.5 Contract Site Maintenance Exp. 334.0 107.2 Acquisition Expense(Inc.Legal) 230.0 75.9 Structures&Improvements 1,819.7 358.2 Printing&Duplicating 81.8 14.3 Rents&Leases 79.3 33.0 Training&Conferences 92.1 32.2 Equipment&Vehicles 408.0 190.6 lnsurance 87.1 72.0 Utilities 133.8 56.0 Postage 61.5 29.3 Communications(Publications&Projects) 75.8 34.4 Other Non-Land 441.5 165.4 TOTAL(NON-LAND) $10,734.2 $4,612.0 Debt Service 6,966.9 4,918.7 Land Acquired 15,000.0 8,821.0 TOTAL $32,701.1 $18,351.7 Corrected Copy Agenda Item 2 R-03-117 11/12/2003 EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Revenue Versus Prior Year (Unaudited) (Thousands) 6 Months Ended September 30 2003 2002 Property Taxes $7,331.4 $6,948.0 Tax Subventions 507.8 504.9 Interest Income 387.8 620.5 Grant Income 1,303.8 55.7 Property Management 316.2 340.0 Fines 3.8 5.1 Other 305.0 159.2 TOTAL RECEIPTS $10,155.8 $8,633.4 Six Month Revenue Versus Twelve Month Budget 2003 2003 Twelve Month Six Month Budget Receipts Received Property Taxes $18,307.0 $7,331.4 40 Tax Subventions 810.0 507.8 63 Interest Income 735.0 387.8 53 Grant Income 561.0 1,303.8 232 Property Management 758.0 316.2 42 Fines 0.0 3.8 0 Other 200.0 305.0 153 TOTALS $21,371.0 $10,155.8 48 Corrected Copy Agenda Item 2 R-03-117 11/12/2003 EXHIBIT C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Six Month Operating v. Twelve Month Budget April - September, 2003 (Thousands) Twelve Month Six Month Budget Spending Spent Salaries $4,752.3 $2,463.6 52 Benefits 1,202.8 603.9 50 Subtotal $5,955.1 $3,067.5 52 Other Contract Services 750.3 297.5 40 Vehicle Expense 184.2 78.5 43 Contract Site Maintenance Exp. 334.0 107.2 32 Acquisition Expense (Inc. Legal) 230.0 75.9 33 Structures & Improvements 1,819.7 358.2 20 Printing & Duplicating 81.8 14.3 17 Rents & Leases 79.3 33.0 42 Training & Conferences 92.1 32.2 35 Equipment & Vehicles 408.0 190.6 47 Insurance 87.1 72.0 83 Utilities 133.8 56.0 42 Postage 61.5 29.3 48 Communications(Publications & Projects) 75.8 34.4 45 Other Non-Land 441.5 165.4 37 TOTAL (NON-LAND) $10,734.2 $4,612.0 43 Debt Service 6,966.9 4,918.7 71 Land Acquired 15,000.0 8,821.0 59 TOTAL $32,701.1 $18,351.7 56 EXHIBIT D (Thousands) Six Months Operating v.Six Month Last Year Six Months Ended September 30 2003 — 2002 %Increase Salaries 2,463.60 2,284.00 8 Benefits 603.9 543.7 11 Election Expense 0 0.9 -100 Other Contract Services 297.5 220.4 35 Vehicle Expense 78.5 104.1 -25 Contract Site Maintenance Exp. 107.2 121.4 -12 Acquisition Expense(Inc.Legal) 75.9 176.7 -57 Structures&Improvements 358.2 267.4 34 Printing&Duplicating 14.3 23.6 -39 Rents&Leases 33 27.8 19 Training&Conferences 32.2 43 -25 Equipment&Vehicles 190.6 157.4 21 Insurance 72 81.7 -12 Utilities 56 64.5 -13 Postage 29.3 21.7 35 Communications(Publications&Projects) 34.4 94.8 -64 Other Non-Land 165.4 70.3 135 TOTAL(NON-LAND) $4,612.00 $4,303.40 7 Debt Service 4,918.70 4,653.60 6 Land Acquired 8,821.00 2,619.00 237 TOTAL $18,351.70 $11,576.00 59 EXIII]Brr E Land Acquired April I to September 30,2003 SELLER DATE PRESERVE CASH PRICE Thompson Acquisition 04/03/03 Saratoga Gap OSP 2,590,000.00 Hunt Acquisition 04/12/03 Bear Creek Redwoods 990,000.00 Mitchell Acquisition 06/26/03 Montebello OSP 374,000.00 Presentation Center Deposit 07/09/03 Bear Creek Redwoods 10,000.00 Presentation Center 07/30/03 Bear Creek Redwoods 3,355,000.00 Boehm Acquisition Deposit 08/26/03 Cathedral Oaks-Sierra AM 1,000.00 James Acquisition Depsoit 09/29/03 Sierra Azul 1,000.00 Sub-total 7,321,000.00 Non-Cash Portion Hunt Acquisition Bear Creek Redwoods 1,500,000.00 Grand Total 8,821,000.00 Regional Open Spu e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION R-03-116 Meeting 03-25 November 12, 2003 AGENDA ITEM 3 AGENDA ITEM Update on Resource Management Program GENERAL MANAGER'S RECOMMENDAT ON Review status of Resource Management Program. No formal Board action is required. DISCUSSION This update will highlight the status of the resource management program, including progress on Year 1 of the Resource Management Strategic Plan. Specific projects to be addressed are invasive plant surveys, the wild pig control program, grassland management, and restoration at the Skyline Ridge tree farm and at Pulgas Ridge Open Space Preserve. Prepared by: Cindy Roessler, Resource Management Specialist Contact person: Same as above i 33o Distel Circle 650-69i-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton :ors»: t✓�,EE mEE.aE.: Regional Open Sp,,,.te MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE IIRESERVA-FION Meeting 03-25 November 12, 2003 AGENDA ITEM 5 AGENDA ITEM Approval of the Second Amendment to Lease Between the County of San Mateo and Midpeninsula Regional Open Space District at Russian Ridge'Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS I Determine that the recommended actions are not a project for purpose of the California Environmental Quality Act (CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute the Second Amendment to Lease between the County of San Mateo and Midpeninsula Regional Open Space District at Russian Ridge Open Space Preserve. DISCUSSION At your September 22, 1993 Regular meeting (see Report R-93-105), you approved the purchase of the former Norton Property, a 32.34-acre addition to the Russian Ridge Open Space Preserve. As part of that transaction, the District acquired all of the Nor-ton's interest in the Rolfe Repeater Station Communications lease with the County of San Mateo (see attached map). At your Regular meeting of November 30, 1994 (see Report R-94-30) you approved the First Amendment to the Rolpf Repeater lease which increased the annual rent from $4,850 to $16,800 with annual C.P.I. adjustments. The Amendment granted two options to the County which required written notice 120 days prior to the expiration of the initial term. In October 2002, the District contacted the County and entered into negotiations resulting in an annual rent increase from $22,551 to $25,000 plus annual C.P.I. adjustments. This rental adjustment represents an 11% increase and is considered a fair market rental rate in line with other single tenant user lease rates at Black Mountain. Last fiscal year, the County paid the $25,000 rent for the period beginning November 1, 2002 and ending October 31, 2003. The San Mateo County Board of Supervisors approved the option by Resolution No. 065770 January 22, 2003. Because the County was late in exercising their option, it was determined that a Second Amendment to the lease would be required. The San Mateo County Board of Supervisors approved the Second Amendment to the lease on October 28, 2003. It is now being submitted to you for approval. 330 Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton R-03-114 Page 2 CEQA Compliance There is no substantial evidence that this lease amendment may have a significant effect on the environment; therefore, this action is not considered a project under the CEQA (Public Resources Code §21080(c)(i)). RECOMMENDATION Staff supports the approval of this amendment to the lease with San Mateo County. The scenic aspects have been slightly compromised since 1979. The facility is not visible from most of the public use areas of the preserve. This proposal provides the District with an opportunity to increase District rental revenue with a negligible visual impact to District land. PUBLIC NOTIFICATION The property is surrounded by District land and therefore no private owners were notified. Prepared by: John P. Dickey, Real Property Specialist Contact person: Michael C. Williams, Real Property Manager SAN MATEO COUNTY "ROLFE REPEATER" COMMUNICATIONS SITE AT RUSSIAN RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT s / y � b t /o FOOTHILLS PARK fr r ��r �g �, ( � � � �,• City of Palo Alto ' $ (Open to Palo Alto Residents Only) t a a ) 0.8 f �� Barn pp'' 2000 '� ;gl � '^ 1400 0.2?r C�220o ` Mt.Melville 1800 + 0 1600 U 0.5 2200! COAL CREEK0. 1 OPEN SPACE �� J ; PRESERVE 1Q`" a Barn •� (dosed areal 200`- 0.3 1 t 0.7 A,11 o m \ t` 18011 0.2 A -- San Mateo County 1800 " � "Rolfe Repeater c�°SP `fir xaoo Communications Site 2200 0.2 Rid s `` -5- 1600 °'� \ �` 0.6 2400 Vista Point �� 0.5 ( as rail 0.6 2000'� v O 0.4 9�aP 0.5 Sky�'ne` Meadow 0.2 Sp< �� 0.8 � ro ' `o 94. RUSSIAN RIDGE 0.3 0.s / o.a d'a 2200 MONTE OPEN SPACE �- `B'ELLO RESERVE �.. Borel OPEN Hill 0.3 xs72' J '° SPACE rrr+° PRESERV 0.3 zaoo g�N o. Rid e 0.5 1600 �` \ 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile P;\llluslnlor\CC&RR\SM Co Rolfe Repeater.ai sum 10103 1)6 32S SECOND AMENDMENT TO LEASE This SECOND AMENDMENT is entered into effective as of October 31, 2002 b�and between the COUNTY OF SAN MATEO, a political subdivision of the State of California (the"Lessee") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a special district formed under Article 3 of Division 5 of the California Public Resources Code (the "District"). WHEREAS, District and Lessee are parties to that certain Lease dated October 27, 1992 (the "Lease"), as subsequently amended January 10, 1995 in that certain First Amendment to Lease Agreement (the"First Amendment"); and WHEREAS, Lessee and District now mutually desire and agree to extend the Tenn of the Lease subject to the terms and conditions set forth herein. NOW THEREFORE, District and Lessee agree to amend the Lease as follows: 1. Section Four of the Lease is deleted in its entirety and replaced by the following text: Term. The term (the "Term") of this Lease shall be for five (5) years, commencing on the I" day of November, 2002 (the "Commencement Date"), and expiring on the 31" day of October, 2007, unless terminated by Landlord or Tenant as otherwise set forth in the Lease or the First Amendment or extended by Tenant pursuant to Paragraph 2 hereof. 2. Paragraph 2 of the First Amendment is deleted in its entirety and replaced by the following text: Option to Extend Term. Provided Tenant is not in default and breach of this Lease, Tenant shall have the option to renew this Lease for one (1) additional five (5) year period under the same terms, covenants and conditions (except Rent as specified herein)by giving notice to Landlord at least one hundred twenty(120) days prior to the expiration date of this Lease. The Base Annual Rent for the extended term shall be based upon the then current fair market rental rates for like space and facilities in the County, determined and agreed to by both parties at least ninety(90) days prior to the commencement of the extended term. No further extension of the Term shall be permitted under the Lease. 3. Paragraph 4 of the First Amendment is deleted in its entirety and replaced by the following text: Base Annual Rent. Lessee agrees to pay District, without deduction, offset, abatement, demand or prior notice, rent annually on or before each anniversary of the Commencement Date. The annual rent for the first year of the Term shall be Twenty-Five-OThousand and No/100 Dollars ($25,000.00), receipt of which for the initial year of the term is hereby acknowledged. 4. Paragraph 5 of the First Amendment is deleted in its entirety and replaced by the following text: Pagel of 3 Annual Rental Increase. The rent for the second year of the Term, and for each subsequent year thereof, shall be increased as set forth herein. The base for computing the adjustment is the Consumer Price Index (All Urban Consumers; 1982-84=100) for the San Francisco-Oakland-San Jose Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics VW I (the"Index"), published for October, 2002 (the "Beginning Index"). If the Index Q I published for the month of October prior to each adjustment date (the "Extension Index") has increased over the Beginning Index, the rental for the following year (until the next adjustment) shall be set by multiplying the annual rent for the immediately preceding year by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index, except that in no event shall any annual adjustment hereunder be greater than five percent(5%) or less than three percent(3%) of the rental in effect immediately prior to such adjustment. If the Index is changed so that the base period is no longer 1982-84, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the Term, such other government index with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. 5. Pursuant to the GENERAL PROVISIONS, Paragraph (i)Notices, of the Lease, District designates the following address for all purposes of written notice and rental payments: Midpeninsula Regional Open Space District Attn: General Manager 330 Distel Circle Los Altos, CA 94022-1404 6. For all purposes of the Lease, "District" and "Landlord" are interchangeable references and"Lessee" and "Tenant" are interchangeable references. 7. All other terms, conditions and covenants of the Lease and the First Amendment remain unchanged and in full force and effect. IN WITNESS WHEREOF, District and Lessee have executed this Amendment as of the day and year first written above. lII Page 2 of 3 DISTRICT: LESSEE: Midpeninsula Regional County of San Mateo Open Space District RECOMMENDED FOR APPROVAL: tES oard of Supervisors �. L. Craig Britton, General Manager 96(=15 APPROVED AS TO FORM: Resolution No. Susan M. Schectman, General Counsel APPROVED AND ACCEPTED: rice of V,. _..z hiatec President, Board Of Directors .rwide Date: - ATTEST: Sally Thiefoldt, District Clerk Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-118 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Meeting 03-25 November 12, 2003 AGENDA ITEM 6 AGENDA ITEM Approve the Preliminary Use and Management Plan for the s""Redwood Park" Property Addition to Purisima Creek Redwoods Open Space Prese e GENERAL MANAGER'S RECOMMENDATION Approve the Preliminary Use and Management Plan as set out in the attached Closing Memo for the Edes Property Addition to Purisima Creek Redwoods Open Space Preserve DISCUSSION At your Regular meeting on October 8, 2003, you approved Resolution No. 03-36, which amended the District's Rules of Procedure authorizing the General Manager to approve the acquisition or acceptance of a gift of fee or easement interests in real property, or to enter into an option to acquire real property as limited by the General Manager's spending authority(see Report R-03-103). District Staff has made the necessary CEQA determinations for the acquisition and Preliminary Use and Management Plan for the Edes "Redwood Park"property addition to Purisima Creek Redwoods Open Space Preserve, as memorialized in the attached closing memo dated November 5, 2003. Therefore, it is now necessary for the Board to approve the Preliminary Use and Management Plan as provided in your Rules of Procedure. Prepared by: Shannon Younkin, Real Property Assistant Graphic Prepared by: Sumudu Welaratna, Planning Technician Contact person: Michael C. Williams, Real Property Manager 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-04135 fax www.openspace.org Deane Littie,Nonette Hanko,Larry Hassett Kenneth C.Nitz L.Craig Britton INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams, Real Property Manager Date: November 5, 2003 Subject: Edes"Redwood Park"Property Addition to Purisima Creek Open Space Preserve A Gift Deed was recorded on November 5, 2003,and title to and possession of an undivided 2/3 interest in this .13-acre parcel passed to the District. In accordance with the Districts Rules of Procedure, Section 260 (2), as amended on June 18, 1991 (see Report R-91-62), to wit: "The General Manager is hereby authorized to approve the acquisition of a minor interest in or easement upon real property and accept on behalf of the Midpeninsula Regional Open Space District deeds or grants conveying any such minor interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law, subject to the following: 1. The General Manager finds that the acquisition of such minor interest in or easement upon real property is consistent with District policy; and 2. The Cost does not exceed the General Manager's authority as provided in Section 5549(b) of the Public Resources Code as approved by the Board of Directors from time to time; and 3. The General Manager informs the Board of Directors of the action or proposed action within a reasonable period of time." The General Manager signed a Certificate of Acceptance on November 4,2003 and a Gift Deed was recorded on November 5, 2003 for the subject property,based upon the determination that acceptance of this gift is in accordance with the above stated policy. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res.No. Mgmt Agmt.) Purisima Creek San Mateo Edes .09 Undivided 2/3 See Above Redwoods 067-128-060 Interest in the.13- acre Dedication Date/ Mgmt,Status: Status: Purchase Price Closing Date (Open,Closed,CMU, or Other) (Intended. Type (tiff Value) CIS Code Withheld) November 5,2003 Closed Witheld Gift $500.00 i PRELIMINARY USE AND MANAGEMENT PLAN CHART INFORMATION I, Preserve/Area- County/A.P.N. Grantor Acres Board/GM Action Date Acquired Purisima Creek San Mateo Edes .09 General Manager Approval 11/05/03 Redwoods 067-128-060 and Certificate of Acceptance Public Access: Closed to public use at this time. Patrol: Regularly patrol the property. Signs: Install preserve boundary signs where appropriate. Name: Addition to Purisima Creek Redwoods Open Space Preserve Dedication: Withhold dedication as public open space at this time. Site Safety Inspection: Preliminary inspection is complete and no hazards were found; comprehensive inspection to be complete before the close of escrow. CEQA COMPLIANCE PROJECT DESCRIPTION The project consists of the acquisition of an undivided 2/3 interest of this .13-acre property as an addition to the Purisima Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately,the property will be included in the Comprehensive Use and Management Plan for the Purisima Creek Open Space Preserve. The land will be permanently preserved as open s ace and maintained in a natural condition. CEQA DETERMINATION It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15316, 15317, 15325, and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. CEQA Determination Completed By: C. G./ Date: Del Woods, Senior Acquisition Planner CC: Board of Directors Administration Operations Accounting Planning Public Affairs R © 1 150 300 600 900 1,200Feet ■ Legend I �� -■ 1 7■II��■■It .,r��. � �71�IIII1 11111111\ /■ I ■� - i 1 I .r,:.r... ,,_ 1 JIII:/■■I HIM 1■\ � � 1 ' �' ',yrl � I 1 I �" � ��IIII■1■1■■■1� Ilill I I II`. .I- 1 -.�■■■■■■�♦ 1 �� ■ II 1 I Ism ■ t ; ; �I�IIII��i�� 1■rli �avaur ., ON JA w Redwood Park Subdivision Purisima Creek Redwoods Open Space Preserve i n o _ L •� N Redwood Park .•,Fluds, � 1 i t i D •.t .Q •-3 e'U a I n e Otory J Regional Open Sr fe R-03-119 Meeting 03-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 12, 2003 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION AGENDA ITEM 7 AGENDA ITEM Approval of Adoption of Resolution to Amend Section 1.80 of the District's Rules of Procedure Regarding Appointment of Voting Alternates to Committe of the Board GENERAL MANAGER'S RECOMMEND ION Adopt the attached Resolution amending the District's Rules of Procedure, Section .80, regarding appointment of voting alternates to committees of the Board. DISCUSSION The District conducts its business and meetings in accordance with state law. The Board of Directors has also adopted its own internal Rules of Procedure("Rules") which guide the Board in conducting its day-to-day business. Section 1.80 of the District's Rules authorizes the presiding officer of the Board to serve as a voting alternate on any Board committee. The General Manager and staff have identified a need to amend this Rule to give the Board the ability to appoint a voting alternate when the presiding officer is either absent or when the presiding officer deems it appropriate for another Board member to serve as a voting alternate instead. The need for this flexibility became apparent during recent staff efforts to convene a meeting of the Board's Use and Management Committee. The General Manager is recommending that the Use and Management Committee's Chair, Director Little, call a meeting in mid-November for the purpose of a site visit to El Corte de Madera Open Space Preserve to review potential trail and sediment management issues. Director Little will be unavailable that day, as will President Hanko. Therefore, a voting alternate will be needed for that meeting. This proposed Rule amendment will allow the Board better flexibility to respond to committee member absences such as this. In such cases, the Board President will be able to fill any temporary vacancy by either serving him or herself, or appointing an alternate. Prepared by: Susan M. Schectman, General Counsel Contact Person: L. Craig Britton, General Manager 33o Distel Circle 650-6gr1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING SECTION 1.80 OF THE RULES OF PROCEDURE WHEREAS, in the course of District business,there are occasions when a member of a standing or ad hoc committee of the Board is unable to attend a committee meeting; and WHEREAS,the Board of Directors determines that in such cases it is necessary and convenient for the efficient operation of the activities of the District that the presiding officer of the Board have the authority set out in this Resolution to appoint a Board member to serve as a voting alternate on any committee of the Board. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1.80 of the Rules of Procedure of the Board of Directors of the Midpeninsula Regional Open Space District is hereby amended to read as follows: 1.80 Committees of the Board Upon passage of a motion by a majority of Board members in open session at a regular or special meeting, standing or ad hoc committees composed of less than a quorum of Board members may be established and members appointed for the study of specific matters and advice to the Board. Ad hoc committees are temporary committees established to accomplish a specified task, and do not have permanent subject matter jurisdiction. Standing committees have ongoing and permanent subject matter jurisdiction. The presiding officer of the Board shall appoint the committee members with the consent of the Board—The President of the Board shall not serve on any standing committee, except as a voting alternate. The President may serve on ad hoc committees. alternate an any Committee. BE IT FURTHER RESOLVED that this Resolution amends Resolution 95-03, adopted by the Board of Directors of the Midpeninsula Regional Open Space District on January 11, 1995. Claims No. 03-19 Meeting 03-25 Date 11/12/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6679 $115.78 Accent&Artech Lamination Supplies 6680 $179.13 Acme&Sons Sanitation Sanitation Services 6681 $676.78 ADT Security Services Burglar Alarm Service 6682 $71.25 *2 Airdancer Productions Event Supplies 6683 $162.81 All Laser Service Printer Service 6684 $365.87 Allied Auto Works Vehicle Service and Repairs 6685 $2,000.00 Appraisal Research Corporation Appraisal Services 6686 $140.00 *1 Association of Environmental Conference-Steven Schur Professionals 6687 $106.68 Baron Welding&Iron Works,Inc. Plumbing Supply 6688 $339.52 Beck's Shoes Inc. Uniform Shoes 6689 $38.50 Beckman,Craig Reimbursement-Uniform 6690 $267.26 Cal-Line Equipment,Inc. Vehicle Repair 6691 $99.59 California Reprographics Printing Services-Maps 6692 $207.92 California Water Service Company Water Service 6693 $3,704.46 Callo Sign Company Trail Signs 6694 $615.84 Carter Industries Vehicle Supplies 6695 $218.36 Cascade Fire Equipment Company Field Supplies 6696 $909.50 Central Coast Bat Research Bat Preservation-Skyline Residence Re-roofing 6697 $160.00 Clark Pest Control Pest Control 6698 $275.49 Cole Supply Co.,Inc. Janitorial Supplies 6699 $304.35 Costco Supplies 6700 $43.39 Cupertino Bike Shop Bicycle Supplies 6701 $683.73 Custom Alignment Vehicle Repair 6702 $220.00 D&J Rooter Septic Tank Services-Saratoga Gap Rental 6703 $85.00 Del Rey Building Maintenance Lights Replaced Admin.Office&Distel Circle Tenant 6704 $576.62 Deluxe Business Checks&Solutions Printing Services-Accounts Payable Laser Checks 6705 $1,407.25 Design Concepts Graphics Design,Postcard,&Regulations Booklet 6706 $300.00 Eflexgroup.com Non-Descrimination Testing for Pre-Tax 125 Plan 6707 $31,060.00 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Annexation 6708 $4,261.65 *3 First Bankcard 1848.21-Training&Conf. Exp. 249.91-Internet Services 1605.85-Field Equip.Supp.&Uniform Exp. 437.90-Office Supplies 119.78-Local Business Meeting 6709 $647.14 Fischer,Tom Reimbursement-Land Trust Alliance Conference Exp, 6710 $424.95 Fry's Electronics Computer Supplies 6711 $151.50 G&K Service Shop Towel Service 6712 $935.66 Gardenland Power Equipment Field Supplies&Equipment 6713 $72.31 Goodco Press,Inc. Printing Services-Employee Recognition Booklet 6714 $183.44 Green Waste Recovery,Inc. Garbage Services 6715 $1,397.69 Home Depot,Inc. Field Supplies&Equipment 6716 $22.16 Hyster Sales Company Bobcat Equipment Parts 6717 $135.00 Jim Davis Auto Vehicle Smog Tests 6718 $50,734.80 Jos.J.Albanese,Inc. Construction-Jacques Ridge Staging Area Page 1 of 4 Claims No. 03-19 Meeting 03-25 Date 11/12/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6719 $148.61 *4 Koletzke,Anne Reimbursement-LAFCO Applications Copies 6720 $490.26 Lab Safety Supply Field Supplies 6721 $296.13 Lanier Worldwide,Inc. Copier Toner 6722 $827.72 Liebert Cassidy Whitmore Legal Services 6723 $1,789.00 Los Altos Garbage Co. Refuse Services 6724 $163.05 Madco Welding Supplies 6725 $376.25 Maureen Mehtala Road Agreement-Quam Driveway 6726 $40.10 MCI Long Distance Telephone Service 6727 $119.92 MegaPath Networks Internet Connection-DSL Line SFO 6728 $1,229.15 MetroMobile Communications Radio Repairs&Maintenance 6729 $2,100.82 Miller,Starr&Regalia Legal Services 6730 $3.10 Minton's Lumber&Supply Field Supply 6731 $151.55 Neal,Holden Reimbursement-Uniform 6732 $249,000.00 ## North American Title Company James Land Acquisition 6733 $1,000.00 *5 North American Title Company Acquisition Deposit 6734 $270.00 Northwest Information Center Record Search-El Corte de Madera Preserve 6735 $3,040.00 Office Team Office Temporary Help-Human Resources Analyst 6736 $219.95 Oosterman,Carl Reimbursement-Event Supplies 6737 $232.83 Orchard Supply Hardware Field Equipment&Supplies 6738 $42.92 Orlandi Trailer Trailer Accessories 6739 $80.96 Paterson,Loro Reimbursement-Uniform 6740 $3,500.00 *6 Popish Appraisal&Consulting Appraisal Fees 6741 $36.13 Rayne Water Conditioning Water Conditioner Service 6742 $583.80 Reed&Graham,Inc. Hay Bales for Trail Restoration 6743 $50.00 Remington,Eric Staff Training-Snakes Presentation 6744 $277.50 Rich Voss Trucking,Inc. Base Rock Delivery Charges 6745 $96.88 Romic Environmental Technologies Hazardous Waste Removal Service Corp. 6746 $3,584.65 Roy's Repair Service Vehicle Repairs&Service 6747 $798.60 Ruiz,Ana Tuition Reimbursement 6748 $228.52 Safety Kleen Oil Recycling&Solvent Tank Service 6749 $34.92 San Jose Mercury News Subscription Quarterly 6750 $662.88 San Jose Water Company Water Service 6751 $51.93 San Mateo County Times Quarterly Subscription 6752 $358.09 SBC Payment Center Telephone Service 6753 $2,717.00 Shoreline Printing&Graphics,Inc. Printing Services-Brochures&Flyers 6754 $114.00 *7 Skyline County Water District Water Service 6755 $9.95 Skywood Trading Post Fuel 6756 $53.04 Summit Uniforms Uniform Expense 6757 $910.62 Tadco Supply Janitorial Supplies 6758 $1,965.84 Tamara Kan Mapping Services 6759 $480.00 Telecommunications Engineering Identify Two-Way Radio System Interference Problem Associates 6760 $856.00 Testing Engineers,Inc. Soil Compaction Testing-Jacques Ridge 6761 $126.56 Thielfoldt,Sally Reimbursement-Risk Management Conference Exp. Page 2 of 4 I Claims No. 03-19 Meeting 03-25 Date 11/12/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6762 $7.11 United Parcel Service Parcel Shipping 6763 $150.00 *8 United States Postmaster Postage 6764 $854.87 Unlimited Graphics&Sign Network Vehicle Decals 6765 $120.00 Valley Automatic Gate Service Gate-Rancho San Antonio 6766 $158.40 Vu,Douglas Reimbursement-Mileage l 6767 $60.00 Watershed Institute War on Weeds Conference-S.Davison,H.Neal, B.Richardson 6768 $117.99 West Group On-Line Legal Services 6769 $2,584.89 Wild Fire-Tyco Fire Fighting Equipment 6770 $178.92 Williams,Mike Reimbursement-Mileage 6771 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 6772 R $1,030.31 A Royal Wolf Portable Storage Storage Rental 6773 R $358.27 Acme&Sons Sanitation Sanitation Services 6774 R $88.76 Allied Auto Works Vehicle Service 6775 R $375.61 AmeriGas Propane 6776 R $124.35 Ben Meadows Co. Resource Management Supplies 6777 R $500.00 Bill Signarowitz Road Repair-Cotheran Road 6778 R $273.06 Carsonite International Roadmarker/Signs 6779 R $5,134.94 Cotton,Shires&Assoc.,Inc. Old Page Mill Road Trail Landslide Repair 6780 R $607.50 Curiale Dellaverson Hirschfeld Legal Service 6781 R $1,323.93 Dunn's Automotive Truck Service&Repair 6782 R $91.94 Ed Jones Co.,Inc. Uniforms 6783 R $1,026.00 Employment Development Dept. Unemployment Insurance-Claims 6784 R $137.34 Fischer,Tom Reimbursement-Mileage 6785 R $173.14 Forestry Supplies,Inc. Field Supplies 6786 R $455.83 Foster Brothers Keys&Locks 6787 R $1,375.00 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 6788 R $50.50 G&K Service Shop Towel Service 6789 R $2,306.87 Golden West Collision Center,Inc. Truck Repair Management Service-Virginia Mill Trail 6790 R 290.00 Hitech Construction Management& Construction ,Old $4 Design Page Mill Trail,Grabtown Gultch,Jaques Ridge,FFO Shop Building,&La Honda Ranch Project 6791 R $703.17 Jakaby Engineering Consulting Services-Virginia Mill Trail Project 6792 R $44.88 Kinko's Printing Services j 6793 R $3,901.32 LFR Levine Fricke Public Access Improvements-Pulgas Ridge 6794 R $522.37 Los Altos Garbage Co. Refuse Services 6795 R $38.72 Madco Welding Supplies 6796 R $38.75 Moore Medical First Aid Supplies 6797 R $550.55 North American Title Company Title&Escrow-Boehm Property 6798 R $59.73 Northern Tool&Equipment Co. Vehicle Supply 6799 R $51.42 Orlandi Trailer Trailer Accessories 6800 R $723.94 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 6801 R $5.81 Rancho Hardware&Garden Shop Field Supply 6802 R $725.00 Ray L.Hellwig Services,Co.,Inc. HVAC Maintenance-Admin.Office&Tenant Space Page 3 of 4 Claims No. 03-19 Meeting 03-25 Oab* 11/12/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6003m $45.05 Robert's Hardware Field Supplies 6804R *607.88 San Jose Mercury News Legal Ad.-Foothill Shop Building O000n $1.095.24 SBC Telephone Service 6806R $23.220.46 Shute,Mihaly&Weinbn/gorLLP Legal Services 0807R $884.92 Summit Uniforms Uniform Expense 0808R $3.040.87 Tires on the Gm Tires 0809R 935.00 YYAC Corporation,Inc. Aerial Photos 6810R *525.57 West Group On-Line Legal Services 6811R $142.50 Xpedim System,Inc. Fax Broadcast System Services Total $443,5"'29 � ~2 Urgent Check Issued 1029/D3 °1 Urgent Check Issued 10%203 ^3 Urgent Check Issued 103103 � ^4 Urgent Check Issued 1&2O0O °5 Urgent Check Issued 11/06/O5 ~O Urgent Check Issued 10/22/00 � °7 Urgent Check Issued 110003 � ° 8VrgemCheck|osue 1103/03 ## |n the event agenda item ianot approved,this claim will not be processed � Page*m4 � Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: November 7, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Faun:650.691-0485 9 E-mail:mrosd@openspace.org • Web site: www.openspace.org Page I of I Craig Britton From: "Tom Lockard" <TLOCKARD@syllc.com> To: "Bailey, Juanita" <JBAILEY@Orrick.com>; "L. Craig Britton (E-mail)" <cbritton@openspace.org>; "Susan M. Schectman (E-mail)" <sschectman@openspace.org>; "Bernadette Congdon (E-mail)" <bcongdon@openspace.org>; "Lisa Zadek (E-mail)" <lzadek@open space.org>; "Michael L. Foster(E-mail)" <mfoster@openspace.org>; "Chip Eady (E-mail)" <ceady@nixonpeabody.com>; "Helen McNulty (E-mail)" <hmcnulty@bankofny.com>; "Philip K. Jensen (E-mail)" <pkjensen @world net.aft.net>; "Tom Lockard" <TL0CKARD@syllc.com>; "tom mulvihill" <tmulvihill@ambac.com> Cc: "Fowler, Carlo S." <CFOWLER@Orrick.com>; "Jackmon, Amira" <AJackmon@orrick.com>; "Cardall, Charles" <CCAR DAL L@Orrick.com>; "York, Kendra" <KYORK@Orrick.com>; "Toland, Paul" <PToland@orrick.com> Sent: Thursday, November 06, 2003 12:54 PM Subject: MROSD S&P A Rating S&P called a few minutes ago to rate the COPS A. Congratulations. This looks like a rating upgrade from the last time we had the COPs rated. However, S&P raised all California lease financings a half notch about a year ago. As a result this is actually a confirmation of the A rating,which is still very good!! Kelly shared that she enjoyed the rating review and that the committee shared her enthusiasm for the job that MROSD has done. Congratulations. Please drop me a line or call if you have questions.thanks,tom Tom Lockard Managing Director Stone &Youngberg LLC One Ferry Building, Suite 275 San Francisco,CA 94111 (415)445-2325 tel (415)445-2395 fax tlockard@Wl1c.x_Q_m ATTENTION: All e-mail sent to or from this address will be received or otherwise recorded by the Stone & Youngberg LLC e-mail system and is subject to archival, monitoring or review by, and/or disclosure to, someone other than the recipient. 11/6/2003 MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT" November 6, 2003 City Council Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 SUBJECT: REQUEST FOR A CONSERVATION EASEMENT AGREEMENT WITH EXCEPTIONS TO ALLOW FOR ANY STRUCTURE OR USE,WHICH WOULD NOT OTHERWISE VIOLATE THE PROVISIONS OF THE ZONING LAW OF THE TOWN,IN CERTAIN AREAS OF THE EXISTING CONSERVATION EASEMENT; LANDS OF KERNS (FILE#130-03-ZP-SD) Dear Council members, It has come to our attention that the Los Altos Hills City Council will be hearing the above issue at their regular meeting on November 6. The public hearing notice for this issue indicates that the Kerns' are requesting a conservation easement agreement"with exceptions to allow for any structure or use which would not otherwise violate the provisions of the zoning law."This exception for any structure or use is in direct conflict with the very purpose of a conservation easement. Conservation easements are a critical tool used in protecting our dwindling reserve of undeveloped land to provide an enduring resource of open space for future generations. They are intended to provide pennanent protection from any kind of development on such land,and as such would be rendered useless if they could be haphazardly amended to allow development on the whims of a landowner. The Midpeninsula Regional Open Space District is opposed to creating this exception, and I implore you to reject any such exception. The District owns and manages approximately 46,500 acres of open space land on the San Francisco Peninsula in a series of 26 preserves stretching from the San Francisco Watershed lands to south of Los Gatos. Rancho San Antonio and Foothills Open Space Preserves, totaling over 4,000 acres, adjoin the southern and western edges of the Town's boundaries. As such, the District holds a high interest in maintaining the integrity of these easements to insure the long-tern protection of open space in Los Altos Hills and other parts of the peninsula. Sincerely, L. Craig Britton General Manager cc: MROSD Board of Directors Carl Cahill, Town Planning Director LCB:sks DIRECTORS ,°etr �n.. n,,�9nrs�,,,✓ev lat�;,t.; GEVER,�L M1 u. ..'DER: Deere't+l,.Nor!ette,lianko,Lo r v Hoss L.Craig 3,,t. Reach Fitness Club R ,"each 707 High Street TM Palo Alto, California 94301 377 Second Street Los Altos, California 94022 650-949-3730 OCT 3 0. Oracle's Fitness Center 250 Oracle Parkway Redwood City, CA 94065 October 22, 20003 Mid Peninsula Open Space District 330 Distel Circle Los Altos, Ca 94022 Attn: Elaina Cuzick Dear Elaina: Thank you for including your services in our Thirteenth Annual Health Fair at Club Oracle. The fair was a success due to your participation. The entire staff appreciates all the hard work that you did to help make this a well-attended and fain event. Our number indicated that over 800 people showed up for this event. Thank you again and I hope that we see you at next years Health Fair. Please feel free to contact us at (650) 506-2983 if you have any questions or comments. Sincerely, z� Bill Winter Maxine Chavez Ben Labonog Activities Director Fitness Specialist Assistant Manager i BAY AREA RIDGE TRAIL M C O U N C I L October 28'', 2003 I 1 Kristi Webb and Elaina Cuzick OL Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 �� u Dear Kristi and Elaina, Thank you so much for coordinating all of the details that made the Sierra Azul to Lexington Reservoir dedication such a success. The Bay Area Ridge Trail took a huge step forward on Saturday in crossing our 250th mile. All three agencies were able to shine under the public spotlight, and your hard work and support were a big part of that success. Thanks for your dedication and attention to detail that helped us put on a first-class event. From programs to press releases to crack of dawn event preparation you were there and we thoroughly appreciate your efforts on our behalf. Sincer ly, Holly Van ten, Executive Director Cc: L. Craig Britton, General Manager 1007 GENERAL KENNEDY AVENUE, SUITE 3,SAN FRANCISCO,CALIFORNIA 94129-1405 PHONE (415) 561-2595 FAX (415) 561-2599 www.ridgetrail.org info@ridgetrail.org 144 d Lv aI NS€1LA REGIONAL OPEN SPACE DISTRICT October 23, 2003 Ms. Amira Jackmon Orrick, Herrington& Sutcliffe, LLP Old Federal Reserve Bank Building 400 Sansome Street San Francisco, CA 94111 RE: Agreement for Bond Counsel Services Dear Amira, At last night's Regular Board meeting, the Board of Directors of Midpeninsula Regional Open Space District approved the Agreement for Bond Counsel Services. Enclosed please find the fully executed agreement. Also enclosed is the certified copy of Resolution No 03-01 approved by the Midpeninsula Regional Open Space District Financing Authority, as well as certified copies of Resolution Nos. 03-38, 03-39, and 03-40 approved by the District's Board of Directors. We look forward to working with you on the 2004 Revenue Bond issue. Best regards, -M ; w itton General Manager LCB:lz Encl. cc: Carlo S. Fowler Tom Lockard Sue Schectman MROSD Board of Directors . atr•,Ea:. .. _ _ `� 'ur;/E,y Pal i)lx. GENERAL MANAGER' C blitz L.Craig Britton t f, I October 28, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT San Mateo Local Agency Formation Commission 455 County Center I Redwood City, California 94063-1863 i Dear Commissioners: I On behalf of Midpeninsula Regional Open Space District, I am pleased to submit the Coastside Protection Program and application to extend the District's service boundary and sphere of I influence to include rural San Mateo County. This unique coastal landscape is valued by the regional community for its scenic beauty, agricultural lands, natural resources, and recreational opportunities. Today, the San Mateo coastline is at risk. Inappropriate development and sprawl have threatened to eliminate scarce farmland and destroy the region's natural heritage and rugged beauty. The I District began developing this vital Coastside Protection Program more than six years ago in response to the coastside community's concerns and requests for assistance in preserving our j rural and agricultural heritage on the San Mateo County coast. We have also heard from open space preservation organizations and agencies that have expressed the need for a local agency to increase stewardship of coastal San Mateo County's open space and agricultural resources due to their own limited capacity to expand preservation and management services. I As you will see from reviewingthe enclosed Coastside Protection Program, Mid eninsula g p I Regional Open Space District is strongly committed to sharing the important responsibility of protecting and preserving the San Mateo Coastside with local residents. The District's Coastside Protection Program is the only way to protect and preserve the coast while also ensuring accountability to local residents through fair and democratic representation. The Coastside Protection Program outlines the District's plan to conduct public Board meetings and workshops in the coastal area to ensure that local viewpoints are considered in all significant District planning and decision-making relating to the coastside. The Coastside Protection area will be included in one or more wards, enabling one or more coastside residents the opportunity to be elected and serve on the District's Board of Directors. In the spirit of building trust and working collaboratively with local community members, the District's Board of Directors has decided to eliminate their ability to use eminent domain in the Coastside Protection area and to only purchase property from willing sellers. The Board formalized this commitment by adopting a Willing Sellers Ordinance and included a prohibition of the use of eminent domain in the coastal area throughout the administrative documents required for protecting the coastside as open space. The Coastside Protection Program will be accomplished with existing District funds and no taxation will accompany extension of District boundaries. The District's Board of Directors adopted a Resolution of No Property Tax Exchange, which ensures that no share of the current property taxes will be taken from another local agency or special district. This means the f BOARD OF DIRECTORS: fete Siemens,Mary DQVey,led Cyr, GENERAL MANAGER: •� �� ?- �'y Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton property taxes collected in San Mateo County will continue to be distributed exactly as they are today. Created by voters more than 30 years ago, Midpeninsula Regional Open Space District has a long and proud history of successfully protecting and managing nearly 50,000 acres of public open space. We have achieved this track record by balancing responsible stewardship of the land with responsiveness to the needs of the community. Our experience and expertise speak to our capabilities to implement the mission of the Coastside Protection Program: To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. Thank you for your consideration of Midpeninsula Regional Open Space District's Coastside Protection Program and application to extend the District's service boundary and sphere of influence to include rural San Mateo County. Should you have any questions about the enclosed, please do not hesitate to contact me at (650) 691-1200. Sinc`rely, i 4 } � L. Crarg Tritton ,f General Manager property taxes collected in San Mateo County will continue to be distributed exactly as they are today. Created by voters more than 30 years ago, Midpeninsula Regional Open Space District has a long and proud history of successfully protecting and managing nearly 50,000 acres of public open space. We have achieved this track record by balancing responsible stewardship of the land with responsiveness to the needs of the community. Our experience and expertise speak to our capabilities to implement the mission of the Coastside Protection Program: To acquire and preserve in perpetuity open space land and agricultural land of regional significance, protect and restore the natural environment, preserve rural character, encourage viable agricultural use of land resources, and provide opportunities for ecologically sensitive public enjoyment and education. Thank you for your consideration of Midpeninsula Regional Open Space District's Coastside Protection Program and application to extend the District's service boundary and sphere of influence to include rural San Mateo County. Should you have any questions about the enclosed, please do not hesitate to contact me at (650) 691-1200. Sincerely, V L. Craig Britton General Manager October 20, 2003 HIDDEN o VILLA Board of Directors Mid Peninsula Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board: In a year where many camps were facing declining enrollments, Hidden Villa Summer Camp was a great success. We served a total of 976 children ages 6 to 18. We are pleased to have been able to share Hidden Villa's mission of multicultural understanding and environmental awareness with so many children. Thanks to the generosity of so many, we were able to award a total of 352 scholarships; 208 scholarships were in the Residential Programs, meaning that 52% of our residential campers attended with some level of financial assistance. Day Camps awarded a total of 141 scholarships. Our programs ran exceedingly well last summer — due largely in part to your contributions that helped us provide a quality educational and recreational experience for our diverse program participants. We are fortunate to have individuals like you who allow us to continue building an outstanding program that draws so many committed staff, volunteers, and program participants to Hidden Villa. We'd like to especially recognize the efforts and express our gratitude to Rangers Miller and Correa for their help when we had campers out on the trails that may have needed medical assistance, but fortunately they were all okay. The Rangers presence made everyone feel much safer. Thank you for continuing to support endeavors. In Camp Spirit, Jill ilty-Newburn Jose G. Arzate Director, Family and Youth Programs Assistant Director 26870 Moody Road, Los Altos Hills, CA 94022 Phone (650) 949-8650 Fax (650) 948-4159 www.hiddenvilla.org Pie Charts Page 1 of 1 Lisa Zadek From: Lisa Zadek Sent: Thursday, October 23,2003 9:05 AM To: 'garym@morgenthaler.com' Subject: MROSD Board Response Via Electronic Mail Subject: Rattlesnakes on the Toyon Trail Dear Mr. Morgenthaler: Attached please find the Board response to your e-mail letter dated September 22,2003. The letter is in PDF format. If you have trouble opening the document,please reply to me and let me know your fax number or mailing address, and I will forward a"hard copy"of the letter to you. Thank you. Lisa Zadek,Office Manager Midpeninsula Regional Open Space District (650) 691-1200 -tel (650)691-0485 -fax www.openspace.org 10/23/2003 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 23,2003 gaamAmorgenthaler.com Via Electronic Mail Subject: Rattlesnakes on the Toyon Trail Dear Mr.Morgenthaler: Please forgive the tardiness of my response to your e-mail of September 22,2003 detailing your encounters with rattlesnakes on the Toyon Trail in Portola Valley. Members of District staff were in the midst of researching rattlesnakes to better answer your questions,when they realized your e-mail was actually addressed to the Board,not to staff. This meant your letter had to be presented to the Board at its next regular meeting before it could be answered,hence the delay. According to Cindy Roessler,the District's Resource Management Specialist,the only species of rattlesnake native to our area is the Western rattlesnake(Crotalus oreganus),a much less deadly species than its cousin the Western diamondback rattlesnake(Crotalus atrox). Although a bite from a Western rattlesnake may cause serious tissue damage if not treated within 18 hours,it rarely causes death. Interestingly,many of the Western rattlesnake's bites are,in fact,"dry bites,"i.e.without venom. Of course,it is only prudent,and we certainly recommend,that medical treatment be sought for any snakebite. You might find it reassuring to know that a Western rattlesnake's strike is,more often than not,defensive in nature and is almost always preceded by the loud"buzzing"of its rattle. Leave the creature alone and it will leave you alone. And it is not surprising that you should have encountered snakes in the middle of the trail,for there is hardly a better place in the world for a cold-blooded creature to soak up the solar heat it needs for its very survival than a sun-soaked,exposed dirt trail. Although the open space is there for all of us to enjoy,we must remember that it is also the very nature of open space to harbor wild creatures. It is their home. This is why the District posts warnings at all its trailheads of the presence of not only rattlesnakes,but mountain lions,coyotes,and ticks in the preserves. You perhaps did not see such a sign because we believe the Toyon Trail you describe is not actually on District land,but is in Coal Mine Ridge Preserve,owned and managed by the Town of Portola Valley. If you would like to contact the town about your experience with the rattlesnakes,their telephone number is (650)851-1700. Thank you so much for your concern and your kind words about the District's trails. May you continue to enjoy the open space,and its creatures,for many years to come. Sincerely, Nonette Hanko,President NH:gb:ak cc: MROSD Board of Directors 330 Distel Circle•Los Altos,CA 94022-1404•Phone:(650)691-1200 Fax:(650)691-0485•E-mail:mrosd@openspace.org•Web site:www.openspace.com Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz•General Manager:L.Craig Britton i Memorandum To: Craig Britton, General Manager cx-t"' From: Michael Williams, Real Property Manager Date: 11/6/2003 Re: Renewal of the Stanford UniversityCommunications Lease- Black � Mountain, Rancho San Antonio Open Space Preserve On June 30, 2003, Stanford University exercised their third 5 year lease option term running from November 15, 2003 through November 14, 2008 for their communications facilities at Black Mountain. Staff negotiated an increase from $2,233 per month $26,796 annual rent to $2,389 per moth $28,668 annual rent) p � ) P � 0 0 1 7 during the reflectingan increase of 710. Monthly rent will increase annually b /o du Y Y Y g 5 year lease term. This rent increase is considered fair market rent and well supported by other single use communication tenants at Black Mountain. A copy of the approved Lease Amendment is available at the District office. i i I F1,01 C, U October 31, 2003 Issue#43-2003 A LETTER FROM PRESIDENT RON LOVERIDGE AND Hot Bills EXECUTIVE DIRECTOR CHRIS MCKENZIE . . . Act Now Dear City Colleague: ■ Last month at our Annual Conference the League General Assembly voted unanimously to sponsor a statewide initiative to protect local rev- enues and services from raids and reductions by state government. We The legislature is in are very pleased to share with you that today we joined the California State Interim Recess. It will Association of Counties and the California Special Districts Association in ■ reconvene January 5, filing the "Local Taxpayers and Public Safety Protection Act"with the 2004. Attorney General's office for the November 2004 ballot. A copy is enclosed. For more, see page 4. ■ We are confident this initiative meets three important criteria: First, it protects the revenues and services of local governments of every size, scope, region and fiscal condition. Second, it meets the criteria of viability with the electorate by giving the voters — our residents — the ultimate say on whether their local tax funds should be spent for local or state services. Third, it is simple and straightforward. After many months of drafting and literally years of research, we are proud of the work we have submitted today. We deeply appreciate the help of the many city attorneys and county counsel in developing this important ballot measure, and we look forward to moving into the next stage of this important venture. We want to be very clear that the real work has just begun. We will build an even broader coalition in the next few months. In 45 — 60 days we will receive a title and summary for the initia- tive from the Attorney General's office, and we will determine if it meets our goals. Finally, all of us must help raise substantial private funds to run a successful campaign. We know we can count on you in the months ahead to help with this cause. If you have any questions, want to make a contribution, want to help raise private funds for the campaign, or want to volunteer to help in some other way, we invite you to contact Mike Madrid, Public Affairs Director for the League, at 916-658-8272 or at M mad ridpcacities.org. You also can get information about contributions or fundraising at www.citipac.org and about the initiative at www.cacities.org Thank you for your support, your patience and your dedication to this historic grassroots cam- paign to save local democracy. We look forward to seeing you in the months ahead as we move forward with this important effort. Sincerely, 41, Ron Loveridge, President and Chris McKenzie, Executive Director Mayor, City of Riverside � �tFOCUS October 31, 2003 Issue #43-2003 ■ LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT: AN OVERVIEW-NOVEMBER 2004 ELECTION : State-Local Fiscal System Broken. There is widespread agreement that the state-local fiscal relationship is broken. One of the reasons is because ■ state leaders no longer respect the difference between state and local tax revenues. In recent years, the state legislature and governor have approved ■ laws that divert, use or delay the payment of local tax revenues to local govern- ments that finance public safety, public health, park, library, street maintenance ■ and other vital community services. This has caused pressure for higher local fees that can increase the cost of housing. For more, see page 3. I �� AND PUBLIC ACT FACT"�"� �"��. "v�vv ��" �.~w��mo� " =��"v^ �v�" �uonx�v�o��. .^v.= =��xxx��" SunEEo � ENSURING VOTER CONTROL OVER LOCAL TAX DOLLARS ESSENTIAL LOCAL SERVICES FOR PUBLIC HEALTH, AND OTHERThe Problem: provide new or expanded programs or services, then the State would have b) reimburse local For more than o decade, the California State governments for the cost Vf those programs. Legislature has been taking away increasing amounts of local tax dollars that local govern- o Provides flexibility for state budgeting nnenta use to provide essential services like police deoieiona, but requires voter-approval on any and fire pnotection, emergency and public health future State Legislative actions that would reduce cmre, noodS. parks, libraries and water delivery. In funding for essential local services. fact, through good times and bad, the State has been taking away billions in local tax dollars each What this measure DOES NOT do: year--forcing local governments bV either raise local faae or taxes to maintain aervivaa, or cut o Does not raise taxes. In faot, this measure back on ohUco||y needed services. will help decrease pressures for local fees and taxes by protecting local revenue sources from The system is broken. Voters must act now to State raids. protect local services by protecting local revenues from being taken by the State. o Does not increase funding tn local govern- ments. Simply prevents the State Legislature from � The Solution: raiding future local government funding. The2O04 Local Taxpayers and Public Gafab/ o Does not reduce funding that schools � Protection Act would increase local control over receive from local property taxes Vr funding that our local tax dollars. This measure would let the schools receive from the State. voters have the final say on proposed actions by � the State Legislature that would further naduoa o Does not reduce funding for other state local government funding. It would protect the vital programs like schools or highways. local services that California residents rely on eaohandgverydmy—ouohaspubUceofeb/ond emergency care, roads, |ibroriem, parks and tnanoportaUon— bynequihngvmtereppnova| bafony the State could reduce funding for local services or shift more costs to local governments. What this measure does: � o Requires voter approval before the Legisla- ture can reduce local government revenues or � take them for state. rather than |ooa|, purposes. o Ensures that local tax dollars are available to fund local services like police and fire, emer- gency and trauma oape, parks, roads. libraries and water delivery. u W1ukea it absolutely clear that if the State | Legislature mandates that local governments INITIATIVEOVERVIEW frompage1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Local Funds Drained for Higher State state's duty to reimburse in a timely way for a new Spending. Since 1991 more than $30 billion of mandated program or higher level of service, local property taxes have been drained from cities, protecting local governments from hidden cost counties and special districts—costing cities alone shifts. Allows local governments to opt-out of $800 million in FY 2003-04 and $6.9 billion the last certain non-workplace safety and employee proce- 12 years. Even in years of state budget surpluses, dural rights mandates if the state fails to pay in a the state has used these funds to finance its timely way. constitutional funding obligation to public education, allowing it to increase state general fund spending For More Information. Contact Chris for other state programs. This has come at the McKenzie, Executive Director (916-658-8275); Mike expense of vital local public safety and other Madrid, Public Affairs Director(916-658-8272); or services. Dwight Stenbakken, Deputy Executive Director (916-658-8232). State Shifts Costs to Local Governments. In recent years the state also has shifted costs for How to Make A Contribution. The League state-sponsored programs and delayed constitu- has established a political action committee tionally required reimbursements to local govern- (CITIPAC—ID # 1254399) for contributions to this ments for state mandated programs and services. initiative. For more information, contact 916-658- In the last two fiscal years, the state has "deferred" 8273, email info(CDcitipac.org or go to over$1 billion in constitutionally required reim- www.citil2ac.org. bursements to local governments for mandated services and programs. This cost burden is then Revised October 30, 2003 paid with local taxes that should be used for impor- tant local services Constitutional Protection Needed Now. The League has joined forces with the California State Association of Counties (CSAC) and the California Special Districts Association (CSDA) to sponsor a ballot initiative in November 2004, entitled the Local Taxpayers and Public Safety Protection Act, to put the voters in charge of whether local tax dollars should be used to fund state services. It will not raise taxes. It will not repeal laws the state has already passed. It will not require the return of property taxes already taken nor affect funding of schools. It will not prevent structural reform of the fiscal system—simply require that structural changes be planned collaboratively by state and local leaders and approved by the voters. The initiative will do two simple things: • Public Vote Required. Require approval by a majority of the electorate before a proposed state law may take effect that reduces the sales, property and VLF funds of cities, counties and special districts. Flexibility is provided to reduce the VLF and replace it with substitute revenues (i.e., a "backfill") without voter approval; and • Reimburse for Mandated Costs. Clarify the Visit the Leagues Official Web Site--www.cacities.org PRIORITY FOCUS/PAGE 3 r Regional Open Space «....,,..,..,.w..................».. ,w.,ww..,.ns�.,w.+. . w,.,n.,,�''"`"+�'� ,,,,�•,�.,,,.vwM.:.�"^ .e�,... �,. """""�w.,�...y„`"�•�w'"h"�" ',,. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: November 12, 2003 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fan:650-691-0485 • Email:mrosd@openspace.org • Web site: www.openspace.org i Regional Open ce INTER-OFFICE MEMORANDUM I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELELiItATING jO YI'_ARS OI= OPEN SPACE PR1'.SFI2VATI0'N To: C. Britton, General Manager From: M. Williams, Real Property Representative Date: November 12, 2003 Subject: Boehm Property Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve Escrow closed for the subject transaction on October 31, 2003 and title to and possession to the remaining three-quarter (3/4) interest of this 52.39-acre parcel passed to the District. The District now owns the entire fee interest in the property. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of September 24, 2003. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Sierra Azul/ 562-09-027 Boehm 39.29 Undivided 3/4 Interest September 24, Cathedral Oaks Santa Clara in 52.39-acres 2003 Area Res. #03-32 Mgmt. Status: Dedication Date/ Closing Date (Open, Closed,CMU, Status: Type Purchase Price GIS Code or Other) (Intended Withheld) October 31, 2003 Closed Witheld $150,000.00 -7 Misc. Notes: Operations-Removal of Fire Ring cc: Board of Directors Administration Operations Accounting Planning Public Affairs 33o Distel Circle 650-691-1200 info@openspace.org BOARD or DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-69s-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nit2 L Craig Britton THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT SECTION ONE. Short Title. These amendments to the California Constitution shall be known and may be cited as the LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT. SECTION TWO. Findings and Purposes (a)The People of the State of California find that restoring local control over local tax dollars is vital to insure that local tax dollars are used to provide critical local services including police, fire,emergency and trauma care,public health, libraries,criminal justice,and road and street maintenance. Reliable funding for these services is essential for the security,well-being and quality of life of all Californians. (b)For many years,the Legislature has taken away local tax dollars used by local governments so that the State could control those local tax dollars. In fact,the Legislature has been taking away billions of local tax dollars each year, forcing local goveniments to either raise local fees or taxes to maintain services,or cut back on critically needed local services. (c) The Legislature's diversion of local tax dollars from local governments hanns local governments' ability to provide such specific services as police, fire,emergency and trauma care,public health, libraries, Criminal iustice,and road and street maintenance. (d) In recognition of the harm caused by diversion of local tax dollars and the importance placed on voter control of major decisions concerning government finance,and consistent with existing provisions of the California Constitution that give the people the right to vote on fiscal changes,the People of the State of Califor- nia want the right to vote upon actions by the State government that take local tax dollars from local govem- ments. (e)The Local Taxpayers and Public Safety Protection Act is designed to insure that the People of the State of California shall have the right to approve or reject the actions of state government to take away local revenues that fund vitally needed local services. (0 The Local Taxpayers and Public Safety Protection Act strengthens the requirement that if the State mandates local governments;to implement new or expanded programs,then the State shall reimburse local governments for the cost of those programs. (g)The Local Taxpayers and Public Safety Protection Act does not amend or modify the School Funding Initiative,Proposition 98 (Article XVI, section 8 of the California Constitution). (h) Therefore,the People declare that the purposes of this Act are to: (1)require voter approval before the Legislature removes local tax dollars from the control of PAGE 8/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org Local Government, as described in this measure; (2)insure that local tax dollars are dedicated to local governments to fund local public services; (3) insure that the Legislature reimburses local governments when the State mandates local governments to assume more financial responsibility for new or existing programs;and (4)prohibit the Legislature from deferring or delaying annual reimbursement to local govern- ments for state-mandated programs. SECTION THREE. Article XIIIE is hereby added to the California Constitution to read as follows: ARTICLE XIIIE Local Taxpayers and Public Safety Protection Act Section 1. State-wide Voter Approval Required (a)Approval by a majority vote of the electorate, as provided for in this section, shall be required before any act of the Legislature takes effect that removes the following funding sources, or portions thereof, from the control of any Local Government as follows: (i) Reduces,or suspends or delays the receipt of, any Local Government's proportionate share of the Local Property Tax when the Legislature exercises its power to apportion the Local Property Tax; or requires any Local Government to remit Local Property Taxes to the State,a state-created fund, or, without the consent of the affected Local Governments,to another Local Government; (ii) Reduces, or delays or suspends the receipt of,the Local Government Base Year Fund to any Local Government,without appropriating funds to offset the reduction,delay or suspension in an equal amount; (iii) Restricts the authority to impose,or changes the method of distributing,the Local Sales Tax; (iv) Reduces,or suspends or delays the receipt of, the 2003 Local Government Payment Deferral; or (v) Fails to reinstate the suspended Bradley-Burns Uniform Sales Tax Rate in accordance with Section 97.68 of the Revenue and Taxation Code added by Chapter 162 of 2003 Statutes; or reduces any Local Government's allocation of the Property Tax required by Section 97.68 while the Sales Tax Rate is suspended. (b) A vote of the electorate,as provided in this section, shall also be required if an act of the Legislature that establishes classifications or exemptions from the Local Property Tax or the Local Sales Tax does not include a continuous appropriation to reimburse Local Governments for the actual loss of revenue from those classifications or exemptions. (c) Prior to its submission to the electorate, an act subject to voter approval under this section must be approved by the same vote of the Legislature as is required to enact a budget bill and shall not take effect until approved by a majority of those voting on the measure at the next statewide election in accor- dance with subdivision(d). (d) When an election is required by this section,the Secretary of State shall present the following question to the electorate: "Shall that action taken by the Legislature in [Chapter of the Statutes of which affects local revenues,be approved? Visit the League's Official Web Site--www.cacities.org PRIORITY FOCUSMAGE 9 Section 2. Definitions (a) "Local Government"means any city,county,city and county,or special district. (b) "Local Government Base Year Fund"means the amount of revenue appropriated in the 2002-2003 fiscal year in accordance with Chapters I through 5, commencing with section 10701 of Part 5 of Division 2 of the Revenue and Taxation Code in effect on August 9, 2003, adjusted annually based upon the change in assessed valuation of vehicles that are subject to those provisions of law. In the event that the fees imposed by those provisions of law are repealed,then the Fund shall be adjusted annually on July I by an amount equal to the percentage change in per capita personal income and the change in population,as deter- mined pursuant to Article XIHB. (c)"2003 Local Government Payment Deferral"means the amount of revenues required to be transferred to Local Government from the General Fund specified in paragraph D of subdivision 3 of subsection(a)of section 10754 of the Revenue and Taxation Code as it read on August 9,2003. (d)"Local Property Tax"means any Local Government's January 1,2003 proportion- ate share of ad valorem taxes on real property and tangible personal property apportioned pursuant to the Legislature's exercise of its power to apportion property taxes as specified in Article XIIIA, section 1. "Local Property Tax"also means any Local Government's allocation of the ad valorem tax on real property and tan- gible personal property pursuant to Article XVI,section 16. (e)"Local Sales Tax"means any sales and use tax imposed by any city,county,or city and county pursuant to the Bradley-Bums Uniform Sales and Use Tax(Chapter I of Part 1.5 of Division 2 of the Revenue and Taxation Code) in accordance with the law in effect on January 1,2003. .(0"Special District"means an agency of the State, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions with limited geographic bound- aries,including redevelopment agencies,but not including school districts,community college districts,or county offices of education. (g) "State"means the State of California. Section 3. Interim Measures (a)The operation and effect of any statute enacted between November 1,2003 and the effective date of this Act,that would have required voter approval pursuant to Section I if enacted on or after the effective date of this Act(the"Interim Statute"),shall be suspended on that date and shall have no further force and effect until the date the Interim Statute is approved by the voters at the first statewide election follow- ing the effective date of this Act in the manner specified in Section 1. If the Interim Statute is not approved by the voters,it shall have no further force and effect. (b)If the Interim Statute is approved by the voters, it shall nonetheless have no further force and effect during the period of suspension; provided,however,that the statute shall have force and effect PAGE 10/PRIORITY FOCUS Visit the League's Official Web Site--www.cacities.org during the period of suspension if the Interim Statute or separate act of the Legislature appropriates funds to affected local governments in an amount which is not less than the revenues affected by the Interim Statute. SECTION FOUR Article XIIIB Section Six (6) hereby is amended as follows: SEC. 6. (a) Whenever the Legislature or any state agency mandates a new program or higher level of service on an local ovemmen the State shall annuallyprovide a subvention of funds to reimburse such local ovem- Y g p g ment for the costs of such program or increased level of service, except that the Legislature may,but need not, provide such subvention of funds for the following mandates: {a) (i) Legislative mandates requested by the local agency affected; (b) (ii) Legislation defining a new crime or changing an existing definition of a crime;or (s) (iii) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislation enacted prior to January 1, 1975. (b) The annual subvention of funds required by this section shall be transmitted to the local government within 180 days of the effective date of the statute or regulation or order by a State officer or agency that mandates a new program or higher level of service, or within 180 days of a final adjudication that a subvention of funds is required pursuant to this section. For purposes of this section, the Legislature or any State agency or officer mandates a new program or higher level of service when it creates a new program, requires services not previously required to be provided, increases the frequency or duration of required services, increases the number of persons eligible for services, or transfers to local government complete or partial financial responsibility for a program for which the State previously had complete or partial financial responsibility. (c) if during the fiscal year in which a claim for reimbursement is filed for a subvention of funds, the Legislature does not appropriate a subvention of funds that provides full reimbursement as required by subdivision (a), or does not appropriate a subvention of funds that provides full reimbursement as part of the state budget act in the fiscal year immediately following the filing of that claim for reimbursement, then a local government may elect one of the following options: (i) Continue to perform the mandate. The local government shall receive reimbursement for its costs to perform the mandate through a subsequent appropriation and subvention of funds;or (ii) Suspend performance of the mandate during all or a portion of the fiscal year in which the election permitted by this subdivision is made. The local government may continue to suspend performance of the mandate during all or a portion of subsequent fiscal years until the fiscal year in which the Legislature appropriates the subvention of Visit the Lea ue s Official Web Site--www.cacities.or PRIORITY FOCUS/PAGE 11 s g g funds to provide full reimbursement as required by subdivision (a). A local government shall receive reimbursement for its costs for that portion of the fiscal year during which it performed the mandate through a subsequent appropriation and subvention of funds. The terms of this subdivision do not apply, and a local government may not make the election provided for in this subdivision,for a mandate in effect on January 1, 2004 that either requires safe working conditions for local government employees or establishes procedural rights arising from and directly relating to local government employment. (d) For purposes of this section, "mandate"means a statute, or action or order of any state agency, which has been determined by the Legislature, any court, or the Commission on State Mandates or its designated successor, to require reimbursement pursuant to this section. SECTION FIVE. Construction. (a)This measure shall be liberally construed to effectuate its purposes, including providing adequate funds to Local Government to fund local services such as police,fire,emergency and trauma care,public health, librar- ies,criminal justice,and road and street maintenance. (b) This measure shall not be construed either to alter the apportionment of the ad valorem tax on real property pursuant to Section I of Article XIIIA by any statute in effect prior to January 1,2003 or to prevent the Legisla- ture from altering that apportionment in compliance with the terms of this measure. (c) Except as provided in Section 3 of Article XIIIE added by Section Three of this Act,the provisions of Section I of Article XIIIE added by Section Three of this Act apply to all statutes adopted on or after the effective date of this Act. SECTION SIX. If any part of this measure or its application to any person or circumstance is held invalid by a court of competent jurisdiction,the invalidity shall not affect other provisions or applications that reasonably can be given effect without the invalid provision or application. PAGE 12/PRIORITY FOCUS Visit the League's Official Web S ite--www.caci ties.org