HomeMy Public PortalAbout20040308 - Agendas Packet - Board of Directors (BOD) - 04-06 Regional Open Splice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
t f E,BRA I IN(; 30 YFAIZS OF OPEN SPACE PRESERVATION
Meeting 04-06
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Monday,March 8,2004
330 Distel Circle
Los Altos, California
AGENDA*
7:00* ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
ADOPTION OF AGENDA—M. Davey
BOARD BusiNEss
7:10* 1 Approval of the Agreement Between La Honda Pescaderof Unified School District and Midpeninsula
Regional Open Space District; Approve the Agreement Between La Honda Pescadero Unified
School District and District—C.Britton
8:00* 2 Approval of the Agreement Between San Mateo County and Midpeninsula Regional Open Space
District Regarding Fire Services;Approve the Agreement Between San Mateo County and the
District Regarding Fire Services;Authorize the General Manager to Agree to Any Minor or
Technical Changes to the Attached Agreement As Necessary for Approval by the San Mateo County
Board of Supervisors—C. Britton
8:45* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
9:00* ADJOURNMENT
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. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to
the Board by a written communication, which the Board appreciates.
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
33o Distel Circle 650-691-1200 info@openspace.org BOARD Of DIRECTORS.PLte siernens,Mary Davey,Jed Cyr, GENERAL MANAGM
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org L)eane I ittle,Nonette Hooko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
MQqv and JacK Davey P.01
A --------------1—
3-04-2WA IQ:26Pii P, 17
NURYC DAM
President,Board of DiWtors
MdPeninsula Regional Open Space District
3M Distil Circle,Los Altos, CA 94022
650-691-1200
Much 5, 2004
L. Craig Britton, General Manager
Midpeninsuht Regional open Space District
330 Distel Circle
Los Altos,CA 9022
RR C"for a Special Meeting
Dear Craig,
I would like to call 9 SPedal Meeting of the Board of Directors of Midpeninsulo Regional Open
Space District for MOJI&Y, Much 8,2M at 7:00 p.m. for the purpose of considering two
agreements,one beWeen the District and San?..fiteo county, and oft between t�F District and
La Honda Pescadero Unified School District.
Please send a public,notification for this meeting at your earliest convenience.
Thank you.
Sincerely,
Mary C. Davey
President, B*W of Directors
NfidP*ninmA Regional Open Spam District
cc: Sally Thielfoldt,District Clerk
MROSD Board OfDirectors
Regional Open Sp..--,-e
R-04-35 ~—
Meeting 04-06 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 8, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM 1
AGENDA ITEM
Approval of the Agreement Between La Honda Pescadero U * in School District and Midpensula
Regional Open Space District
GENERAL MANAGER'S RECOMMENDATION
Approve the Agreement between La Honda Pescadero Unified School District and District.
DISCUSSION
The Coastside Protection Program, approved by the Board at their meeting on June 5, 2003 (see Report
R-03-54) for the expansion of the District's boundaries to include coastal San Mateo County would include
territory within the jurisdictional boundaries of the La Honda Pescadero Unified School District.
The School District provided comments on the Coastside Protection Program and expressed concern that
even though the Fiscal Impact Analysis projected that the School District's property tax revenue would be
reduced by only$4,100 over the program's 15-year planning horizon, any loss of funds would negatively
impact their educational programs.
Given that the mission of the District includes a commitment to further and conduct environmental
education, that the School District's educational services promote and conduct environmental education,
and that the District is committed to providing environmental education in the Coastside Protection Area,
the two agencies worked together to develop a mutually beneficial "property tax neutral"program.
The proposed Agreement formalizes the goal of the School District and the District to work together
cooperatively to further the mission of both agencies for the public benefit by providing an environmental
education program pertinent to the Coastside and, in consideration of that program,to provide adequate
compensation for any potential reduction in property tax revenue that the School District may consider
negative as a result of the annexation and acquisition of lands in the Coastside Protection Area by the
District.
On March 4, 2004,the Board of Trustees of La Honda Pescadero Unified School District voted to approve
the Agreement and passed a resolution finding that implementation of the Agreement between the School
District and the District would substantively mitigate the School District's concerns about potential
negative fiscal impacts of the Coastside Protection Program.
Prepared by:
Cathy Woodbury, Planning Manager
Contact person:
L. Craig Britton, General Manager
List of Attachments
i
1. Resolution of the La Honda Pescadero Unified School District
2. Agreement
33o Distel Circle 650-691-izoo info@openspace.org BOARD OFDI 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
l
LA HONDA-PESCADERO UNIFIED SCHOOL DISTRICT
RESOLUTION#03-04-14
WHEREAS,the La-Honda Pescadero Unified School District("LHPUSD")has adopted a policy opposing
any annexation or acquisition of land by any public agency of territory within the jurisdictional boundaries of
LHPUSD,unless satisfactory financial or other arrangements exist to compensate for"any lost tax revenues,and any
other significant foreseeable negative impacts"on LHPUSD as a result of such action or as decided on a case by case
basis that the action is in the best interest of LHPUSD;and
WHEREAS,the Midpeninsula Regional Open Space District("MROSD"),as part of a Coastside Protection
Program,has announced its intention to annex and acquire land within the boundaries of the LHPUSD;and
WHEREAS,the San Mateo County Local Agency Formation Commission("LAFCO"),which will decide on
or about March 9`h of this year whether the proposed annexation is to proceed,has invited districts such as LHPUSD to
submit comments about the proposed annexation;and
WHEREAS,LHPUSD.has.carefully studied over the preceding 18 months the potential impacts of
annexation and acquisition by MROSD;and
WHEREAS,representatives of LHPUSD have worked in good faith with MROSD with the goal of producing
an agreement that,in the event annexation is approved,would mitigate any negative significant financial impact to
LHPUSD;and
WHEREAS,the Trustees of the La-Honda Pescadero Unified School District find that the proposed
annexation,and subsequent acquisitions of land by MROSD within LHPUSD,would result in significant foreseeable
negative impact if not mitigated;and
WHEREAS,the Trustees of the La-Honda Pescadero Unified School District find that good-faith
implementation of the draft agreement between LHPUSD and MROSD would substantively mitigate the significant
foreseeable negative impacts;and
NOW THEREFORE LET IT BE RESOLVED THAT the Trustees of the La-Honda Pescadero Unified School District
direct the Superintendent and other officers to sign and execute the aforementioned agreement forthwith;
AND BE IT FURTHER RESOLVED THAT the Trustees of the La-Honda Pescadero Unified School District direct the
Superintendent to convey forthwith to LAFCO LHPUSD's position of neutrality with regard to the proposed
annexation,contingent upon the Board of Directors of MROSD formally approving that same agreement prior to the
consideration by LAFCO of the annexation proposal on March 9`h of this year. If the Board of Directors of MROSD
does not approve that same agreement prior to the consideration by LAFCO of the annexation proposal on March 91h,
then the Trustees of LHPUSD direct the Superintendent to convey forthwith to LAFCO LHPUSD's position of
opposition to the annexation.
REGULARL passed and adopted this 0 day of March, 2004
Sim
v /
Board Members
Superintendent Date
G
AGREEMENT
BETWEEN LA HONDA-PESCADERO UNIFIED SCHOOL DISTRICT
AND MIDPEN iNSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, the Midpeninsula Regional Open Space District ("MROSD")has
submitted an application to the San Mateo County Local Agency Formation Commission
("LAFCo") for the approval of its proposed"Coastside Protection Program"which if
approved would expand the MROSD's boundaries to the"Coastside Protection Area"
which would include territorywithin the jurisdictional bound
aries of the La Honda
� o
Pescadero Unified School District("LHPUSD"); and
WHEREAS, the LHPUSD has adopted a policy to oppose any annexation by
any public agency of territory within the jurisdictional boundaries of LHPUSD,unless
the proposal is accompanied by sufficient financial or other arrangements to satisfactorily
compensate for any lost tax revenues and any other significant foreseeable negative
impacts on LHPUSD as a result of the proposal or as decided on a case by case basis that
the annexation is in the best interest of LHPUSD; and
WHEREAS, it is the goal of both public agencies to work together
cooperatively to establish a jointly beneficial agreement that will further the mission of
both agencies for the public benefit and will satisfj LHPUSD that LHPUSD will receive
adequate compensation fcr any potential reduction in property is ®ire ?i: and ar i =Inz-
inarp//cv's that it may co nsi e'"n,� at'I-, as a.. �'..y c
W iEREAS, ir, y.. c a-oid an
proposed"Coastal Protection :a,"Mt' ' 8'1i J -- 1' -� '•. `I e % I ?,
03-21), and the San Mateo County Board of Supervisors, and 1111e Hal Moon Bay Ci.y
Council, each have adopted a Resolution of No Property Tax Exchange; such that there
shall be no transfer of property tax revenue to MROSD from any affected local agency
within the proposed"Coastside Protection Area;" and
WHEREAS, further, the mission of the MROSD is: "To acquire and preserve
a regional greenbelt of open space land in perpetuity; protect and restore the natural
environment; and provide opportunities for ecologically sensitive public enjoyment and
education,"which includes a strong commitment to further and support environmental
education, and MROSD desires to support such education within the LHPUSD;
NOW, THEREFORE, the parties mutually agree as follows:
1. Tax Compensatory Fee. In the event MROSD's"Coastside Protection
Program"is approved by LAFCo and becomes effective, and MROSD acquires land
within the"Coastside Protection Area,"which acquisition results in a loss of property tax
revenue to LHPUSD,MROSD will compensate LHPUSD (hereafter"the Tall
Compensatory Fee'), in consideration for LHPUSD's educational services as set out in
this Agreement.
2. Scope.
a) MROSD acquisitions that shall be subject to the provisions of this Agreement
shall include any lands acquired by MROSD in fee title after the Effective Date of
this Agreement that are within the geographic jurisdictional boundaries of
LHPUSD as they exist on the Effective Date of this Agreement as shown on
Exhibit A(a copy of which is attached hereto and incorporated by this reference)
and that also lie within the boundaries of the proposed MROSD `°Coastside
Protection Area"as approved by LAFCo. Such acquisitions are hereafter referred
to as `Eligible Acquisitions."
b) Lands acquired by MROSD from another government agency shall be exempt
from this Agreement if title to the land was held by the transferring government
agency prior to the Effective Date of this Agreement and LHPUSD received no
share of the property tax levied upon such lands on the date it was acquired by
MROSD.
3. Reports.
a) Within thirty(30) days of close of escro Vv, ?YlR >SD will rvl-ort to LL—_�-U�7D
any NLROSD Eligible Acquisi ti^r~s »
EAu-- st l:.i .'.fs3.. y-.'...'..i
costs of the environmental education sir 'v,�� �J;ys__
prior fiscal year as set out in Section 6 herein..
d) No more than once a year, upon reasonable written notice from LHPUSD's
auditors, MROSD will provide a summary of payments made under this
Agreement.
4. Payment Schedule. The Tax Compensatory Fee from MROSD shall be
forwarded to LHPUSD in two installments semiannually on January 1st and July 1"of
each calendar year.
S. Calculation. The Tax Compensatory Fee shall be calculated based on the
following fo
rmula:
a) MROSD will pay LHPUSD for each Eligible Acquisition, on the next semi-
annual payment date after such acquisition, a Tax Compensatory Fee equal to the
eater of either:
(i) the property tax that LHPUSD would otherwise have received, had it not
been .acquired by MROSD, based upon the actual property tr.xes levied
upon the Eligi'��!P Acq—, .*itio ' or, d cm it'd as L / j{ _.
I
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i
(ii) the property tax that LHPUSD would have received from the Eligible
Acquisition, assuming that the assessed value per acre of the Eligible
Acquisition on the date it was acquired by MROSD was equal to the
current average assessed valuation per acre of undeveloped vacant lands in
the Coastal Protection Area. The current average assessed valuation per
acre will be calculated based on the Fiscal Impact Analysis dated June 6,
2003 prepared by Economics Research Associates, and submitted to
LAFCo in connection with the Coastside Protection Program.
Such payment shall be referred to as "the LHPUSD Tax Share."
b) In the case of Eligible Acquisitions from non-governmental tax-exempt entities,
such as non-profit land trusts, MROSD will pay a Tax Compensatory Fee equal to
the property tax that LHPUSD would otherwise have received, had it not been
acquired by such tax-exempt entity, based upon the actual property taxes levied
upon the Eligible Acquisition on the date it was acquired by that tax-exempt
entity.
c) Annual Increase. For the purpose of calculating each payment for which a Tax
Compensatory Fee is to be paid to LHPUSD after the initial payment, as
described in a. and b. above, the amount of such Fee shall be based upon the
property taxes that would have been levied on a full property tax year basis. Such
fee shall be increased at an annual rate of 2% effective June 30 of each year. In
the event the 2% limit on annual increases to _r�-al property tax asscssments 3--,c-,:t
in Proposition 13 (Cal. Const. d_rt. 'X-11,11A, is
-_Cnnitznnu.a.
!__xt SIJzc-_��Q_n2 Jae 6 L a. _ y� � _ Z
,--il,7-d =ually bv il-i�
(i)
(ii) the nicst recently available Cons Tar Pnc-_
Consumers- San Francisco-Oakland-San Jose A,--.a); cr
(iii) 5%.
However, in no event shall the annual increase be less than 2%. Such Annual
Increase shall apply to each Eligible Acquisition from the date of its conveyance
to MROSD.
d) In the event MROSD conveys all of its interests in an Eligible Acquisition to a
private tax-paying third party, MROSD shall be relieved of its obligation for
payment of a Tax Compensatory Fee to LHPUSD for such Eligible Acquisition
and such Acquisition shall thereafter be exempt from this Agreement. In the
event, after conveyance, MROSD retains or reacquires a partial or complete fee
interest or easement interest in such Eligible Acquisition, LHPUSD will continue
to receive a pro rata share of the property tax generated by such Eligible
Acquisition. In the event that the pro rata share of such property tax received by
LHPUSD is less than the LHPUSD Tax Share, the Tax Compensatory Fee shall
equal the difference in the two amounts so that LHPUSD shall receive the full
LHPUSD Tay, Share. In the event the pro rata share of such property tax recei-7ed
by LHPUSD is meat.-. than LHPUS DD 71 S' are T
PUSD nmy su
it
excess share and MROSD shall not owe LHPUSD any further Fee. MROSD may
not offset or receive credit for such excess share towards the Tax Compensatory
Fee otherwise due LHPUSD under this Agreement.
e) In the event an Eligible Acquisition is conveyed by MROSD to another public
agency or tax-exempt non-profit agency,then at the time of the next semiannual
payment, MROSD shall pay to LHPUSD the "present value"of the Tax
Compensatory Fee income stream for that Eligible Acquisition for the remaining
term of this Agreement. The "present value" shall be calculated based upon the
most current tax exempt bond interest rate available to MROSD.
f) The parties acknowledge that it is anticipated that certain Eligible Acquisitions
will be leased for private agricultural, residential, or other private uses. Such
Acquisitions may be subject to a Possessory Interest Tax or other real property tax
and will generate property taxes ("Alternative Tax"). In such cases, LHPUSD
will continue to receive a pro rata share of such Alternative Tax generated by such
Eligible Acquisition. In the event that the pro rats share of such Alternative Tax
received by LHPUSD is less than the LHPUSD Tax Share, Tax Compensatory
Fee shall equal the difference in the two amounts so that LHPUSD shall receive
the full LHPUSD Tax Share. In the event the pro rata share of such Alternative
Tax received by LHPUSD is greater than the LHPUSD Tax Share, LHPUSD may
retain such excess share and MROSD shall not owe LHPUSD any further Fee.
MROSD may not offset or receive credit for such el,_cess sshar-, tc,,,,iards tie T la,:
Compensatory
L�_7
L-1
LHPUSD's missions. Such seriices shiaii
science instruction pertinent to the natural resource's Of the "Ccas side Protection.=,S.r2z"
and MROSD lands in the"Coastside Protection Area," environmental education perl,:rnent
to MROSD lands in the"Coastside Protection Area," and such other environmental
education programs as LHPUSD and MROSD agree are appropriate to further their
mutual goals of promoting environmental education. Some examples of educational
activities anticipated include,but are not limited to, a field trip to local fish habitats,or a
study of erosion control methods conducted on a site within the"Coastside Protection
Area."
7. Meetings. MROSD and LHPUSD will meet at the request of either agency to
coordinate and review LHPUSD and MROSD activities under this Agreement and to
determine if other mutually desirable partnership opportunities are available.
8. Other Collaborative Projects. In the event MROSD's "Coastside Protection
Program" is approved by LAFCo, MROSD and LHPUSD may seek other partnering
opportunities such as grants and joint projects to further environmental education,
supporting the development of scientific knowledge about natural and cultural rescvi-ccl-s
and management techniques applicable to MROSD lands, and potentially engaging in
joint resource management projects on MROSD lands. j
9. Term.The initial term of this Agreement shall be 20 years; provided however, for
the purpose of maintaining and addressing a long term relationship between the agencies
and the fiscal impacts therefrom,the parties desire that, after 19 years from its Effective
Date, MROSD and LHPUSD shall review this Agreement and hereby agree to meet and
to negotiate in good faith to agree upon a Successor Agreement. Such negotiations shall
include discussion of, among other things, the term of a Successor Agreement, and
whether amendments to the provisions herein are necessary or appropriate to accomplish
the purpose and goals of the Agreement. Such negotiations shall be based on the
principles set out in this Agreement, taking into consideration the past experience of both
agencies in carrying out the provisions of this Agreement, the services provided by
LHPUSD, the anticipated needs of LHPUSD and MROSD in order to be able to continue
to participate in this Agreement and related collaborative projects, and other factors
directly and reasonably related to the purposes and goals of this Agreement.
If, despite such good faith efforts, the parties are unable to agree upon a Successor
Agreement, including the Term thereof, the matter shall be resolved by binding
arbitration. The arbitrator shall have only the authority to determine an appropriate Term
for a Successor Agreement, taking into account the matters set out in Section 9. Unless
the parties mutually agree to amend other provisions of this Agreement, any Successor
Agreement shall have the sane terms, cendit cns, and-provislons, exce-t that the
of thL Tern of th v s ucc-�ssor Agr- ML-1 r''Ce Set b i t,.hay as.. at..'. ?.:ice �?
w .-tio as in, r' '�.TV_ ... . r.,;e S_t _,_I is call- o C _Y
A�'�iLe,^..t.:ir�1. �i�it�i V`L' con Lc.d.� rli+L�S u..,,..i'v�. 3 .^yr^^,a ate,.
Civil Procedure Section 1280 et seq. Ifthe part cs are.triable..{v azlee ,,nor, a-artxc'i :-
retired or former judge, then they will refer the matter to a qualified commercial
arbitration service mutually acceptable to the parties, which shall conduct the arbitration
according to its rules. If arbitration is required, it shall be in all cases final and binding.
10. Effective Date. This Agreement shall become v gr effective the date it is fully
executed by both MROSD and LHPUSD.
11. Conditions Precedent. The conditions precedent of the parties' obligations and
rights under this Agreement are
a) the approval by LAFCo of MROSD's October 28, 2003 application for
annexation of the"Coastside Protection Area"in its entirety; and
b) the issuance by LAFCo of a Certificate of Completion for such annexation
and that such annexation becomes final and effective.
12. Insurance.
i
I
a) During the term of this Agreement, MROSD and LHPUSD shall continue
to carry the amount of general liability insurance, or self-insurance,
covering its risks of operation in an amount and scope of coverage
substantially similar as exist on the Effective Date of this Agreement.
Each agency shall furnish the other agency with Certificates of Insurance
evidencing such insurance coverage upon request.
b) Each agency shall be responsible for providing Workers' Compensation
coverage as required by law for its own employees, volunteers and agents
performing any acts under this Agreement.
13. Indemnification. The parties will allocate between themselves any potential
liability arising from this Agreement as set out in Government Code Section 895.6.
14. Applicable Laws. This Agreement shall be construed and enforced pursuant to
the laws of the State of California.
15. Notices.
a) Any notice required to be given to MROSD shall be deemed to be duly
and properly given if mailed to MROSD,postage prepaid, addressed to:
Midpeninsula Regional Open Space Dist:-iv
3 31 0 Disi-_' {?r:�?
T�S
addresses as MTROSD May dess g-na- ::n rf-i }e LHPk2T2,D.
b) Any notice required to be given to LHPUSD shall be deemed to be duly
and properly given if mailed to LHPUSD,postage prepaid, addressed to:
La Honda Pescadero Unified School District
620 North Street
Pescadero, CA 94060
Attn: Superintendent
or personallydelivered to LHPUSD at such address or at such other
e
addresses as LHPUSD may designate ate in writing to MROSD.
16. Waiver. The failure of any party to insist upon a strict performance of any of the
terms, conditions and covenants contained herein shall not be deemed a waiver of any
rights or remedies that LHPUSD or MROSD may have and shall not be deemed a waiver
of any subsequent breach or default of the terms, conditions and covenants contained
herein.
I
IT Severability. If any one or more of the covenants or agreements or portions
thereof provided in this Agreement shall be held by a court of competent jurisdiction in a
final judicial action to be void, voidable or unenforceable, such covenant or covenants,
such agreement or agreements, or such portions thereof shall be null and void and shall
be deemed separable from the remaining covenants or agreements or portions thereof and
shall in no way affect the validity or enforceability of the remaining portions of this
Agreement.
18. Captions. The captions in the articles of this Agreement are inserted for
convenience purposes only and shall not affect the terms of this Agreement.
19. Assignment. This Agreement may not be assigned, assumed, transferred, or
conveyed by either party without the prior written consent of the other party. Any such
transfer or assignment without such prior written consent shall be void.
20. Amendments. No provision of this Agreement may be amended except by an
agreement in writing signed by both parties.
21. Prior Agreements. This Agreement contains all of the agreements of the parties
with respect to any matter covered or mentioned in this Agreement, and no prior
agreement or understanding pertaining to any such rnatter shall be efiwctive for any
purpose.
e-7 a
whilch il ---ca', Cr rsi
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entitled to riDccver all reasona::,i�� ,.---st 0
a- J? -v's
23. Termination. If at any time after the Effective Date of this Agreement tlae Board
of Trustees of LHPUSD determines that this Agreement are not in the best interests of
their educational mission, LBFUSD may terminate this Agreement upon thirty(30)days
written notice to MROSD.
T,
This Agreement is executed on the date shown with each signature and is effective on the
date it is fully executed by both LHPUSD and MROSD.
MIDPENINSULA REGIONAL OPEN LA HONDA PESCADERO
SPACE DISTRICT UNIFIED SCHOOL DISTRICT
BY: By:
Mary Davey, President Chris Brancart, President
Board of Directors Board of Director&
Date:
Date: - !
Recommended for Approval: Recommended for Approval:
By:
L. Craig Britton, General Manager Jyfin Wilson, Superintendent
Date: Date:
Approved as to Form: Approved as to Form:
r�
By: BY: Lr ✓ '—�-
Susan Schectman, General Counsel Lee A. ThornLs,
T�,p.,� {�;l'lY'L' is:j Je.•.
ate: �ai�: L l
A44-est. AtI[-Vst: p`
B
B "< _ .
Y: Y: ..
Sally Thielfoldt, District Clerk LHPUS Chic
Date: Y
Date: Y`'
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LA HONDA-PESC- -'RO UNIFIED SCHOOL DI% ICT BOUNDARIES
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THE BOUNDARIES OF THE LA HONDA-PESCADERO UNIFIED
SCHOOL DISTRICT WERE DEFINED BASED ON A LIST
_ .-_. LA HONDA-PESCADERO UNIFIED MROSD OF APN'S PROVIDED BY THE SCHOOL DISTRICT IN MARCH.2GO3
SCHOOL DISTRICT BOUNDARIES Q Existing Boundary
EZ Proposed Coastside Protection Area
Regional Open Sp_ .,-e
J
R-04-36
Meeting 04-06 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 8, 2004 CEl FHRAFINC: 30 YEARS OF OPEN SPACE PRESERVA'flON
AGENDA ITEM 2
AGENDA ITEM
Approval of the Agreement Between San Mateo County a M_idpeninsula Regional Open Space
District Regarding Fire Services
GENERAL MANAGER'S RECOMMEND NS
I Approve the Agreement between San Mateo County and the District regarding fire
services.
2. Authorize the General Manager to agree to any minor or technical changes to the
attached Agreement as necessary for approval by the San Mateo County Board of
Supervisors.
DISCUSSION
The District submitted an application to the Local Agency Formation Commission(LAFCo)for
approval of the Coastside Protection Program (see Report R-03-54), which if approved would
expand the District's boundaries to include coastal San Mateo County.
In the event the Coastside Protection Program is approved, and the District were to acquire and
annex land in the Coastside Protection Area, the Public Resources Code, Section 5561.6 provides
that"...For the purposes of the prevention and suppression of fires on such lands, the board may
enter into co-operative mutual aid agreements with the federal government, the State, any
municipality, county or district..." In addition, the proposed Final Program EIR contains
Mitigation Measures, which require the District to undertake specified joint operations with the
San Mateo County Environmental Services Agency and Fire Department. These include
consultation on fuel management practices, coordination on review of available water resources,
making a new 1500-2000 gallon maintenance-style water truck available for mutual aid calls, and
formalizing mutual aid agreements.
Since the County Fire Department would provide these direct services to the District in the event
the program proceeds, upon LAFCo approval of the Coastside Protection Program, the District
proposes to enter into a contractual agreement with San Mateo County for the provision of fire-
related services to District lands in the Coastside Protection Area that are not currently provided
within the State responsibility area by the California Department of Forestry and Fire Protection
(CDF).
By entering into this Agreement, the District and the County are agreeing to work cooperatively
to establish a jointly beneficial agreement that will further the mission of both agencies for the
public benefit to work cooperatively to implement the Mitigation Measures and to resolve to the
County's satisfaction any previously expressed concerns by the County and its associated
33o Distel Circle 650-691-izoo info@openspace.org BOARD W DIRECTORS Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane I it tie,Nonette Hooko,Larry Hossett,Kenneth C.Nitz L,Craig Britton
as
R-04-36 Page 2
volunteer fire programs about potential impacts resulting from the Coastside Protection Program.
This Agreement would provide for payments by the District to the County for fire related services
in the Coastside Protection Area, so the Project would be"tax neutral."
Prepared by:
Cathy Woodbury, Planning Manager
Contact person:
L. Craig Britton, General Manager
List of Attachments
1. Agreement
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II
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AGREEMENT
BETWEEN
SA:`< MATEO COUNT'
AND
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
j (REGARDING FIRE SERVICES)
RECITALS
I
WHEREAS, the Midpeninsula Regional Open Space District ("DISTRICT") has
submitted an application to the San Mateo County Local Agency Formation Commission
("LAFCo") for the approval of its proposed Coastside Protection g
Program ("Program")which if
approved would expand DISTRICT'S boundaries to the Coastside Protection Area; and
WHEREAS, in the event the Program is approved, and DISTRICT were to acquire
land in the Coastside Protection Area, Public Resources Code Section 5561.6 provides that: "For
the purposes of the prevention and suppression of fires on such lands, the board may enter into
co-operative mutual aid agreements with the federal government, the State, any municipality,
county or district..."; and
WHEREAS, the proposed Final Program EIR contains Mitigation Measures which
require DISTRICT to undertake specified joint operations with San Mateo County
Environmental Services Agency and Fire Department ("COUNTY"), including consultation on
site-specific fuel modification and management programs for specific lands acquired as part of
DISTRICT's Use and Management site planning process; coordination on review of available
dry hydrant water resources on specific lands acquired; coordination on use of a DISTRICT
1,500-2,000 gallon maintenance-style water truck for mutual aid calls, and formalizing a mutual
aid agreement; and
WHEREAS, it is the desire of DISTRICT and COUNTY to work cooperatively to
implement these Mitigation Measures to establish a jointly beneficial agreement that will further
the mission of both agencies for the public benefit and resolve to COUNTY's satisfaction any
previously expressed concerns by COUNTY and its associated volunteer fire programs about
potential Program impacts; and
WHEREAS, DISTRICT and COUNTY desire to enter into a contractual agreement
for the provision of fire-related services to District lands in the Coastside Protection Area that are
not currently provided within the State Responsibility Area by the California Department of
Forestry and Fire Protection(CDF).
NOW, THEREFORE, the parties mutually agree as follows:
Page 1 of 7
J. Fire Services Fee. In the event DISTRICT's Coastside Protection Program is approved
by LAFCo and becomes effective, DISTRICT will, in exchange for COU-1\1TY's services as set
out in this Agreement, -compensate COUNTY by means of a Fire Se-1-vices Fee (here-after
"Service Fee") as set out in this Agreement.
2. Scope,
a) DISTRICT acquisitions that shall be subject to the provisions of this Agreement shall
include any lands acquired by DISTRICT in fee title after the Effective Date of this
Agreement that are within the geographic jurisdictional boundaries of the proposed
Coastside Protection Area as approved by LAFCo and that are not described in
paragraphs (b) and (c) of this Section 2, below. Such acquisitions are hereafter referred
to as "Eligible Acquisitions."
b) Lands acquired by DISTRICT from another government agency and lands located within
a municipality or a fire protection district shall be exempt from this Agreement.
c) Lands served by another fire services entity, or which remain subject to property-related
taxes which fund COUNTY Services, are exempt from this Agreement.
3. Reports.
a) By August I of each year, DISTRICT will report to COUNTY all DISTRICT
acquisitions within the Coastside Protection Area completed in the preceding twelve
months between July I and June 30.
b) By August I of each year, COUNTY shall report to DISTRICT the nature, scope and
costs of the fire services set out in Section 6 herein. This report shall include a list and
dates of all COUNTY response calls to DISTRICT owned or management lands during
its prior fiscal year.
4. Payment Schedule. The Service Fee from DISTRICT shall be forwarded to COUNTY
in two installments semiannually on January I" and July I'` of each calendar year.
5. Calculation. The Service Fee shall be calculated based on the following formula:
a) In consideration for providing the fire services set out in Section 6 herein, for each
Eligible Acquisition, DISTRICT will pay COUNTY an annual Service Fee equal to the
greater of either:
(i) the pro rata share of property tax COUNTY would otherwise have received from tax
levied upon the Eligible Acquisition, based upon the assessed valuation of the Eligible
Acquisition and the actual property taxes levied upon the Eligible Acquisition on the date
it was acquired by DISTRICT; or
(ii) the pro rata share of property tax COUNTY would otherwise have received from tax
levied upon the Eligible Acquisition on the date it was acquired by DISTRICT, based on
the current average assessed valuation per acre of undeveloped vacant lands in the
Coastside Protection Area. The current average assessed valuation per acre will be
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calculated based on the Fiscal Impact Analysis dated June 6, 2003 prepared by
Economics Research Associates, and submitted to LAFCo in connection with the
Coastside Protection Program,
As used in this Subsection (a), the term "pro rasa share of property tax COUNTY would
otherwise have received from tax levied upon the Eligible Acquisition" shall mean solely
that share of property tax that would have been allocated to the COUNTY for COUNTY
fire protection services, and shall not mean that share of property tax that would have
been allocated to COUNTY generally,
b) For the purpose of calculating each payment for which a Service Fee is to be paid to
COUNTY, if the Service Fee is calculated based upon the formula described in
Subsection (a) (ii) above, the initial amount of such Service Fee shall be the amount of
the Service Fee as calculated under Subsection (a) (ii), increased by 2%per year for each
full year which has elapsed between June 30, 2003, and the date of acquisition.
Thereafter, regardless of whether the Service Fee to be paid hereunder is based upon the
formula set out in Subsection (a) (i) or (a) (ii) above, the Service Fee shall be increased at
an annual rate of 2%, effective June 30 of each year.
c) In the event the Eligible Acquisition is conveyed by DISTRICT to a third party person or
entity, DISTRICT shall be relieved of any future obligation for payment of a Service Fee
to COUNTY for such Eligible Acquisition and such Eligible Acquisition shall thereafter
be exempt from this Agreement.
d) The parties acknowledge that it is anticipated that certain DISTRICT Eligible
Acquisitions will be leased for private agricultural, residential, or other private use.
Such Acquisitions may be subject to a Possessory Interest Tax or other real property tax
(hereafter"Alternative Tax"). In such cases, COUNTY will continue to receive the
Alternative Tax revenue generated by such Eligible Acquisition. Therefore, no Service
Fee will be due from DISTRICT to COUNTY for services provided to such Eligible
Acquisition so long as the Alternative Tax continues to be assessed.
e) Payment Towards the Purchase of a Fire Engine. As further consideration for
COUNTY's services, after acquisition by DISTRICT of 1,000 acres of Eligible
Acquisitions within the Coastside Protection Area, DISTRICT shall make a one-time
payment of$50,000 to COUNTY to be applied to the purchase of a four-wheel drive fire
engine that will be used by COUNTY to provide fire services to DISTRICT owned and
managed lands in the Coastside Protection Area. COUNTY shall provide evidence of
such purchase to DISTRICT within twelve (12) months of DISTRICT payment. The
engine will display an authorized DISTRICT logo identifying DISTRICT as a
participating funding agency.
6. Fire Services. DISTRICT will pay COUNTY the Service Fee in consideration for
COUNTY providing DISTRICT fire services as follows:
a) Fire and Emergency Medical Services. COUNTY will provide wildland and structure
fire prevention and suppression services, and emergency medical services, to DISTRICT
owned and managed lands in the Coastside Protection Area. COUNTY will include the
use of the fire engine described in Section 5(e) herein as part of those services. The fire
engine shall be housed at a location, that, in the reasonable judgment o"COUNTY, will
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enable it to serve lands owned or managed by DISTRICT as of the Effective Date of this
Agreement as well as Eligible Acquisitions,
A,Jutual Aid Agreement. DISTRICT and COLTN,TY -vvill formalize the assistance
currently provided by DISTRICT to COUNTY and by COUNTY to DISTRICT and
continue the cooperative relationship already established between the two agencies by
entering into a Mutual Aid Agreement within 12 months of the Effective Date of this
Agreement. The Mutual Aid Agreement will also provide for joint training opportunities.
c) Site-Specific Fuel Modification and Management Program. In addition to continuing its
current fuel management practices, as new lands are acquired, DISTRICT will consult
with COUNTY in developing site-specific fuel modification and management programs
for specific lands acquired, as part of DISTRICT's Use and Management Planning
Process.
d) Additional Water Resources. DISTRICT will consult with COUNTY to determine
whether the construction of dry hydrants on specific lands acquired by DISTRICT in the
Coastside Protection Area is feasible in order to provide additional remote area water
supplies for fire suppression activities. DISTRICT will purchase a 1,500-2,000 gallon
maintenance-style water truck, which DISTRICT will make available for mutual aid calls
with COUNTY during fire suppression activities. The terms and conditions for use of the
water truck will be included in the Mutual Aid Agreement described in Section 6(b)
herein.
7. Term. The initial term of this Agreement shall be 15 years. After 10 years from its
effective date, DISTRICT and COUNTY shall review this Agreement and shall meet and
negotiate in good faith to agree upon a Successor Agreement. Such negotiations shall include
discussion of whether amendments to the provisions herein are necessary or appropriate to
accomplish the purpose and goals of the Agreement. Such negotiations shall be based on the
principles set out in this Agreement, taking into consideration the past experience of both
agencies in carrying out the provisions of this Agreement, the services provided by COUNTY,
the anticipated COUNTY and DISTRICT needs to be able to continue to participate in this
Agreement and collaborative projects, and other factors directly and reasonably related to the
purposes and goals of this Agreement.
8. Effective Date. This Agreement shall become effective on the date it is fully executed
by both DISTRICT and COUNTY.
9. Conditions Precedent. The conditions precedent of the parties' obligations and rights
under this Agreement are:
a) The approval by LAFCo of the DISTRICT's October 28, 2003 application for
annexation of the Coastside Protection Area in its entirety; and
b) The issuance by LAFCo of a Certificate of Completion for such annexation and
that such annexation becomes final and effective.
Page 4 of 7
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10. Insurance.
a) During the term of this Agreement DISTRICT shall carry general liability
insurance, or a policy of self-insurance, covering its risks arising out of the
performance of any acts pursuant to this Agreement in an amount not less than
Five Million Dollars ($5,000,000). DISTRICT shall furnish COUNTY with a
Certificate of Insurance evidencing such insurance coverage.
b) During the term of this Agreement COUNTY shall carry general liability
insurance, or a policy of self-insurance, covering its risks arising out of the
performance P g
erformance of an acts pursuant to this Agreement in an amount not less than
Five Million Dollars ($5,000,000). COUNTY shall furnish DISTRICT with a
Certificate of Insurance evidencing such insurance coverage.
c) COUNTY shall be responsible for the Workers' Compensation coverage and care
of COUNTY employees, volunteers and agents, performing any acts under this
Agreement. DISTRICT shall be responsible for the Workers' Compensation
coverage and care of DISTRICT employees, volunteers and agents performing
any acts under this Agreement.
It. Hold Harmless.
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a) COUNTY hereby agrees to indemnify, defend and hold harmless DISTRICT
from and against all liability for all claims, suits, damages, injuries, costs, losses
and expenses, including reasonable attorney's fees and court costs, in any manner
related to or arising out of this Agreement to the extent that the matter giving rise
to the liability is directly attributable to the negligent or wrongful acts or
omissions of COUNTY employees or agents or otherwise arises out of matters
which, by the terms of this Agreement, are the responsibility of COUNTY.
b) DISTRICT hereby agrees to indemnify, defend and hold harmless COUNTY
from and against all liability for all claims, suits, damages, injuries, costs, losses,
and expenses, including reasonable attorney's fees and court costs, in any manner
related to or arising out of this Agreement, to the extent that the matter giving rise
to the liability is directly attributable to the negligent or wrongful acts or
omissions of DISTRICT's employees or agents or otherwise arises out of matters
which, by the terms of this Agreement, are the responsibility of DISTRICT.
c) COUNTY and DISTRICT agree to cooperate in the event of claims or litigation
against either COUNTY or DISTRICT by a third party. In the event liability
arises due to the alleged concurrent negligence of COUNTY and DISTRICT, or
any combination thereof, each party shall contribute costs of any such suits,
defense, damages, costs and liability in proportion to its fault as determined under
the principles of comparative negligence.
12. Applicable Laws. This Agreement shall be construed and enforced pursuant to the laws
o th
e he State of Cal
ifornia.
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13. Notices.
a Any notice required to be given to DISTRICT shall be deemed to be duly and
property given if mailed to DISTRICT, postage prepaid, addressed to:
Mid peninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
or personally delivered to DISTRICT at such address or at such other addresses as
DISTRICT may designate in writing to COUNTY.
b) Any notice required to be given to COUNTY shall be deemed to be duly and
properly given if mailed to COUNTY, postage prepaid, addressed to:
San Mateo County
400 County Center, Hall of Justice
Redwood City, CA 94063
Attn: County Manager
or personally delivered to COUNTY at such address or at such other addresses as
COUNTY may designate in writing to DISTRICT.
14. Waiver. The failure of any party to insist upon a strict performance of any of the terms,
conditions and covenants contained herein shall not be deemed a waiver of any rights or
remedies that COUNTY or DISTRICT may have and shall not be deemed a waiver of any
subsequent breach or default of the terms, conditions and covenants contained herein.
15, Severability. If any one or more of the covenants or agreements or portions thereof
provided in this Agreement shall be held by a court of competent jurisdiction in a final judicial
action to be void, voidable or unenforceable, such covenant or covenants, such agreement or
agreements, or such portions thereof shall be null and void and shall be deemed separable from
the remaining covenants or agreements or portions thereof and shall in no way affect the validity
or enforceability of the remaining portions of this Agreement.
16. Captions. The captions in the articles of this Agreement are inserted for convenience
purposes only and shall not affect the terms of this Agreement.
17. Assignment. This Agreement may not be assigned, transferred, or conveyed by either
party without the prior written consent of the other party. Any assignment without such prior
written consent shall be void.
18. Amendments. No provision of this Agreement may be amended except by an agreement
in writing signed by both parties.
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19. Prior Agreements. This Agreement contains all of the agreements of the parties with
respect to any matter covered or mentioned in this Agreement, and no prior agreement or
understanding pertaining to any such matter shall be effective for any purpose.
MIDPENINSULA REGIONAL OPEN COUNTY OF SAN MATEO
SPACE DISTRICT
By. YL� wt fir' By:
Mary Davey, President President
Board of Directors Board of Supervisors
Date: :��� �' S' Date:
Recommended for Approval; Attest:
1
By: By.
L. Craig Britton, General Manager Clerk of the Board of Supervisors
Date: Dat
e:
Approved as to Form:
By: t—w
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Susan Sch ctma , General Counsel
Date: ��
I
Attest:
By:� ,
�- L
S ,61 ielfoldt,Ngfict Clerk
AJLAA
Date:
}
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