HomeMy Public PortalAbout20120926 - Agenda Packet - Board of Directors (BOD) - 12-32 i
Midpeninsula Regional
" Open Space District
Meeting 12-32
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle,Los Altos,CA 94022
Wednesday, September 26,2012
REGULAR MEETING BEGINS AT 5:00 P.M.
AMENDEDAGENDA
5:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-
CLOSED SESSION
ROLL CALL
1. CLOSED SESSION: PUBLIC EMPLOYI.E;PERFORMANCE EVALUATION—California Govermnent
I
Code�54957(b)(I)
TITLE OF EMPLOYEE: GFNERAL MANAGER
4-2. CONFERENCE WITH LEGAL COUNSEL—(Government Code section 54956.9(b)
Significant exposure to litigation—two cases
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-
PUBLIC SESSION
REPORT(S)OUT OF CLOSED SESSION
ORAL COMMUNICATIONS-PUBLIC
ADOPTION OF AGENDA
7:05 CONSENT CALENDAR
I. Approve Minutes of the Special and Regular Board Meetings—�Se ternher L2.2012
2. Approve Revised Claims Report
3. Approve Written Communications—None
7:10 ADJOURNMENT OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AND CONVENE THE GUADALUPE LAND COMPANY SHAREHOLDERS'MEETING
1. k1:eeting of and Report._tc�.._Sole.._Shareholde of_QUadalu��e...L<Irid Con�f-al�v as{). rier c>#�._I'rove tv.,.Vjacctrt to the
Mount Urrtunhwii Area_ot Sietaa �_rLrl Qp�Space Pn seij�. nta {_.'lata COLrntti Assessor's Parcel Numbers
575-11-004 575-12-001 and 575-12-013 to Consider Dissolution of the Corporation and Pavrnent of Capital
Gains Taxes—M.Williams
7:20 RECONVENE THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT BOARD
7:20 BOARD BUSINESS
4. 1 ro tzanster ofl-and litre[iasc Ftinds to Tile GLIadaiupe L'wid Companv(Col i ar-Lv.Lj'6l dissoltilioll oftlie
C, -.'apital Gain;hates' result ill- fi-oni (lie transt'er of the
Addition to the Mount Urnuninan Ai-e<i of Sierr<i AZU1 m—,S)aee Preserve(S intaC:'I�ira Cottlitj_:,
Parcel Mtinbers 5",5-11-004_5-5-12-00 1 and 57:�-_12-()l M. Williams
it
5. 1,ililbrmanoual Presentation on ihe Mindynixer N ri,.i in blic F �weenl 'fool for the 1Zavetiswood Bav,.Trail 11roiect—
S. Sommer
6. 'Authoijzation to Anietw.1 rtnk greenie tit with Security Code 3 for in Additional$9,000 tO C'OntilWe the
PrOViSiOn at ML L!111111INJI'll—M.Newburn
7. AU11106ZMi011 to Increase ifie Contimency t()r the Existing ontract A�reetnent wflhTK0 Cieneral L`n-ineerim4
and Cons.t..r...u......c....t.i..o......n.. Jor the Slaiin- ?area and Connector Trail Proiect at El Cotie de Madera Cr�e�l.()�en_2-v;e
Preserve;—T. Hugg INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning
activities of District Directors and staff-,opportunity to refer public or Board questions to staff for factual
information;request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter
on a future agenda.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
*Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order.
TOADVRESS THE so.ARD: The President will invite public comment on agenda items at the time each item is considered by the Board of
Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited
to three minutes.Alternately,you may comment to the Board kv a written communication, which the Board appreciates.
Consent Calendar:All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General
Manager, and members of'the public may request that an item be removed from the Consent Calendar during consideration Qfthe
Consent Calendar.
In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200.
Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the
meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022,
ERTIFICA,rION OF POSTING OF NGENDA
1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the
MROSD Board of Directors was posted and available for review on September 7,2012,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos
California,94022. The agenda is also available on the District's web site at! ..........
Signed this 2 1'day of September,at Los Altos,California.
September 21,2012
21 R1
W Weil *
Claims No. 12-17
Meeting 12-32
Date 9/26/12
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
18484 $78,478.20 *1 TKO General Engineering& Construction Services For ECDM Staging Area&Connector Trail
Construction
18485 $11,173.50 Santa Clara County Communications Services Related To The Design,Installation&Maintenance Of A
Two Way Radio System
18486 $8,090.00 Timothy C.Best,CEG Engineering Geological Services-Trail Design For Mindego
Gateway Project
18487 $4,207.50 The Creative Group Temporary Media Communication Specialist
18488 $4,166.46 Shelterbelt Builders Consulting Services-Pest Control Recommendations
18489 $3,211.84 Tires On The Go Tires
18490 $3,116.50 Systems For Public Safety Background Checks For Two Ranger Candidates
18491 $2,750.00 Wendell,Kerr&Associates Appraisal Services-Property At Monte Bello
18492 $2,560.00 Fall Creek Engineering Engineering Design Services For Ponds DR07&DR08 At La
Honda Creek
18493 $2,350.77 Simms Plumbing&Water Equipment Rental Residences Plumbing Services-Replace Shower Stall&
Shower Valve/Repair Drain Connection/Reset Leaking Water
Closet/Repair Shower Faucet Leak/Replaced Water Supply
Flexes For Hot Water Heater
18494 $2,322.22 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge
Tree Farm Phase III
18495 $1,942.38 *2 San Mateo County Planning&Building Mindego Hill Grading Permit Fee
Department
18496 $1,457.58 Summit Uniforms Uniform Expenses
18497 $1,269.07 Atencio,James Reimbursement-League Of California Cities Conference
Expenses
18498 $1,172.00 Communication&Control Radio Repeater Site Rent-Tomita Hill
18499 $1,084.28 Accountemps Accounting Temp
18500 $1,071.94 Sunnyvale Ford Vehicle Maintenance&Repairs
18501 $945.10 Pro-Installers Sweep Chimney/Stove Blower Installation&Extend Vent
System-Rental Residences
18502 $851.25 Bill's Towing Service Towing Services
18503 $845.48 Tadco Supply Janitorial Supplies
18504 $750.78 San Mateo County Planning&Building Building Permit Fee-ECDM Cross Over Trail
Department
18505 $731.35 San Francisco Bay Bird Observatory Russian Ridge Bird Monitoring&Nest Surveys
18506 $600.00 Socialmentum On-Line Public Participation Tool For The Bay Trail Project
18507 $593.00 ID Plus Name Tags For Rangers
18508 $559.42 Deluxe For Business Printing Services-Accounts Payable Checks
18509 $542.56 Gardenland Power Equipment Field Supplies/Pole Pruner Repair/Drill Head Replacement
18510 $529.75 Sherry L Niswander&Associates Construction Oversight-Folger Ranch House Remodel
18511 $500.00 Timothy C.Best,CEG General Engineering Services-Purisima Creek Redwoods Trail
Landslide Review
18512 $500.00 *3 Acterra Sponsorship-Silicon Valley Watershed Summit
18513 $443.18 CMK Automotive Vehicle Maintenance&Repairs
18514 $399.74 Hedgerow Farms Native Grass Seed For Revegetation Of Ponds DR07&DR08 At
La Honda Creek
18515 $392.84 Metro Mobile Communications Reprogram Radio&Install New Antenna/Installation Of New
Radio In Maintenance Truck
18516 $365.00 *4 Santa Clara County-Assessor's Office Mailing Address Database For Public Notification
18517 $363.38 Northgate Environmental Management Consulting Services-Powell Property Landfill Investigation
18518 $339.98 Miller,Ken Reimbursement-Uniform Expenses
18519 $328.54 Infante,Lisa Reimbursement-Food For Mt.Umunhum Meeting
18520 $295.79 Ruiz,Ana Reimbursement-Mileage/American Planning Association
Membership
18521 $271.52 McKowan,Paul Reimbursement-Volunteer Supplies
Page 1 of 3
Claims No. 12-17
Meeting 12-32
Date 9/26/12
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
18522 $216.58 LFR An ARCADIS Company Engineer&Design Services-ECDM Staging Area
18523 $206.29 Perez,Mike Reimbursement-Uniform Expense/Bike Patrol Supplies
18524 $200.00 Hapke,Alexander Reimbursement-Uniform Expense
18525 $198.16 Green Waste Garbage Service-SFO
18526 $184.95 Paterson,Loro Reimbursement-Uniform Expense
18527 $184.24 Gorman,Michael Reimbursement-Uniform Expenses
18528 $180.00 Jim Davis Automotive Smog Checks
18529 $114.57 Mission Trail Waste Systems Garbage Service-AO
18530 $93.18 Staples Credit Plan Two Desk Lamps
18531 $85.00 US Healthworks Employee Medical Services
18532 $66.45 Grainger Fuses For FFO
18533 $60.63 Protection One Fire System Inspection&Monitoring-AO
18534 $56.72 Servicewear Apparel Uniform Expenses
18535 $43.34 Cook,Peter Reimbursement-Uniform Expense
18536 $36.85 Kwik Key Lock&Safe Company Lock&Key Services- Replacement Key For Patrol Truck
18537 $13.05 United Parcel Service Parcel Shipping
18538 $5.00 Rancho Cobbler&Cleaners Boot Repair
18539 R $13,874.20 Dell Business Credit Eleven Notebook Computers
18540 R $5,766.88 Pape'Machinery Dozer Rental-Road Work At Sierra Azui&Bear Creek Redwoods
18541 R $2,257.02 Big Creek Lumber Lumber Materials For RSA Fencing Project&Peeler Cores For
FFO Stock
18542 R $2,032.63 San Mateo County Information Rent For Radio Repeater At Pise Peak
Services
18543 R $1,303.71 Langley Hill Quarry Rock For Purisima Creek Redwoods Road Work
18544 R $881.21 Redwood General Tire Company Tires
18545 R $867.51 West Coast Aggregates Rock Delivery To Purisima Creek Redwoods
18546 R $687.49 Office Depot Office Supplies/Mailing Labels/File Folders/Colored Paper/
Card Readers/Break Room Supplies/Chair Mat/Envelopes
18547 R $560.10 West Payment Center Monthly Information&Subscription Charges
18548 R $506.00 Greg's Trucking Service Rock Delivery To Purisima Creek Redwoods
18549 R $475.61 California Water Service Company Water Service-FFO
18550 R $347.24 Tyco Integrated Security Alarm Service-FFO
18551 R $284.59 Pine Cone Lumber Posts For Retaining Wall-Rental Residence
18552 R $256.50 ADT Security Services Alarm Service-SFO
18553 R $174.27 Brown,Preston Reimbursement-Mileage
18554 R $151.48 Gardenland Power Equipment Chain Saw Repair
18555 R $105.12 FedEx Shipping Charges
18556 R $104.45 McKowan,Paul Reimbursement-Volunteer Supplies
18557 R $60.52 Cermeno,Sal Reimbursement-Uniform Expense
18558 R $37.93 Gorman,Michael Reimbursement-Insoles For Boots
18559 R $34.68 Foster Brothers Key Replacement-FFO
18560 R $28.36 Service Wear Apparel Uniform Expenses
18561 R $26.25 Rayne Of San Jose Water Service-Fremont Older
18562 R $10.25 ID Plus Name Tags
Page 2 or 3
Claims No. 12-17
Meeting 12-32
Date 9/26/12
Revised
Midpeninsula Regional Open Space District
## ,Amount Name Description
Total $174,351.91
*1 Urgent check issued 9/20/12
*2 Urgent check issued 9/17/12
*3 Urgent check issued 9/21/12
*4 Urgent check issued 9/19/12
Page 3 of 3
Midpeninsula Regional
Open Space District
R-12-92
Meeting 12-32
September 26, 2012
GLC AGENDA ITEM I
AGENDA ITEM
Meeting of and Report to Sole Shareholder of Guadalupe Land Company as Owner of Property
Adjacent to the Mount Umunhurn Area of Sierra Azul Open Space Preserve(Santa Clara County
Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013) to Consider Dissolution of
the Corporation and Payment of Tax attributable to the dissolution
BOARD CHAIRMAN'S RECOMMENDATION
G % 7 ?
1. Adopt the Written Shareholder Consent Authorizing Dissolution of the Guadalupe Land
Company, a private corporation.
SUMMARY
The Midpeninsula Regional Open Space District (District) is the sole shareholder of Guadalupe
Land Company, a private corporation (Company), with a sole asset of a 286.61-acre property.
The Company was purchased by the Midpeninsula Regional Open Space District (District) in
January 2005. It is recommended that the District, acting in its capacity as the sole Shareholder
of the Company, authorize the dissolution of the Company and payment of tax attributable to the
dissolution estimated at $275,379. This will increase District administrative capacity currently
being taken up by management of the private corporation and will bring all future dealings with
this property into the normal operations of the District, which is a public agency.
DISCUSSION (See attached map)
At its December 15, 2004 meeting, the District's Board of Directors approved the purchase of
the Company, which included as its sole asset, a 286.6 1-acre property, as an addition to Sierra
Azul Open Space Preserve (see Report R-04-134). Through this transaction, the District became
the sole shareholder of the Company(acting through the District's Board of Directors).
Since acquiring the Company and in its capacity as sole shareholder, the District has met
annually and taken all required corporate maintenance actions, including appointment of
Directors and Officers, filing and payment of annual corporate taxes, and payment of annual
management fee to patrol and maintain the property. The current Directors are: Stephen E.
Abhors, Chairman of the Board; Michael L. Foster; and Michelle Radcliffe. The current Officers
are: Stephen E. Abbors, President; Michael L. Foster, Chief Financial Officer; and Michelle
Radcliffe, Secretary.
R-12-92 Page 2
In July 2008, the Shareholder authorized the conveyance of an open space easement to Peninsula
Open Space Trust which was recorded in September 2008 (see report R-08-92). Because the
open space easement protects the property as public open space and prohibits residential
development, the current value of the property was reduced significantly compared to the
unencumbered value of the property before the open space easement was granted to POST. The
Officers and Directors have engaged corporate tax counsel and Member Appraisal Institute
(MAI) appraiser to assess the advantages and disadvantages of dissolving the corporation and to
determine the corresponding capital gain tax liability associated with unwinding the corporation.
Tax Attributable to the Dissolution
Corporate tax attributable to the dissolution are assessed at approximately 40% (consisting of a
Federal rate of about 34%and a State rate of about 6%) of the appreciated value of the property.
The approximate 40%rate is applied to the difference between the current value of the property
and the property's tax basis when corporation was formed. The original tax basis of the property
is $227,000. The appraised fair market value of the unencumbered fee title of the 286.61 acre
property in 2008 prior to the conveyance of the open space easement was $3,389,000.
In 2008, the value of the property subject to the open space easement was valued at $419,182
which represents approximately 12%of the fee value ($419,182/$3,389,000= 12.37%). This
percentage is applied to original tax basis of the property of$227,000 to arrive at the adjusted
basis of value of the property subject to the open space easement granted to POST in September
2008. The adjusted basis is calculated at $28,077 ($227,000 X 12.37%_ $28,077).
The Company obtained a current fair market appraisal of the property encumbered by the open
space easement valued at $716,525 with a value date of July 18, 2012. The current potential tax
attributable to the dissolution liability is calculated at$275,379 as follows:
$716,525 - $28,077 = $688,448
X 40%
$275,379
Corporate Dissolution Process
The dissolution of the Company must be initiated by an election to dissolve, which may be made
by the vote or written consent of at least fifty percent of the Company's outstanding shares (the
sole shareholder is the District). The corporate dissolution will need to be filed with the Internal
Revenue Service and the Franchise Tax Board. Following this election and winding up of the
Company, the Company must file a final franchise tax return with the Franchise Tax Board and a
Certificate of Dissolution with the Secretary of State.
Fiscal Analysis
The estimated tax of$275,379 attributable to the dissolution will need to be budgeted and
deposited into the Company bank account. It is recommended that this amount be rounded up to
$290,000 to cover any additional IRS and State Franchise Tax Board filing fees and associated
costs necessary to initiate and complete the dissolution process. Upon the successful dissolution,
R-12-92 Page 3
the annual management fees, corporate tax and filings totaling $5,025 will no longer be incurred
by the District acting as the Shareholder.
USE AND MANAGEMENT
The Preliminary Use and Management Plan adopted at the meeting of December 15, 2004, still
remains in effect and unchanged. The Plan states the property will be closed to public use and
will be routinely patrolled.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
The Company officers and directors shall prepare and file for the dissolution of the corporation
and pay the associated tax attributable to the dissolution not to exceed $280,000. Upon the
completion of the dissolution of the Company, the remaining Corporation bank balance will be
disbursed to the District's General Fund. These items will be reported back the District's Board
of Directors at a future meeting.
Attachments:
1. Guadalupe Land Co. Written Consent of Shareholders
2. Map
Prepared by:
Michael C. Williams, Real Property Manager
Contact Person:
Same as above
i
i
GUADALUPE LAND CO.
a California Corporation
ACTION BY WRITTEN CONSENT OF THE SOLE SHAREHOLDER
September 26, 2012
Pursuant to Section 603(a) of the General Corporation Law of the State of California, the
undersigned, being the sole stockholder of Guadalupe Land Co., a California corporation
(the "Company"),hereby takes the following actions and adopts the following resolutions
by written consent, effective as of the date first written above:
Approval of Dissolution of Corporation
RESOLVED: Authorize the Directors and Officers to pursue the dissolution of the
Guadalupe Land Company, a California Corporation and the resulting transfer of the
Property, which is the sole asset of the Company, to the Midpeninsula Regional Open
Space District. The Property is adjacent to the Mt. Umunhum Area of Sierra Azul Open
Space Preserve, attached as Exhibit A.
Omnibus Resolutions
RESOLVED: That the proper officers of the Company be, and each individually is,
hereby authorized and directed to do and perfonn any and all such acts, including the
execution, delivery and filing of all Federal and State Dissolution Filing Requirements,
pay the taxes attributable to the dissolution not to exceed $290,000 and transfer of the all
property and remaining assets to the Midpeninsula Regional Open Space District and any
and all other instruments, documents and certificates, as such officers deem necessary or
advisable, to carry out and perforni the purposes and intent of the foregoing resolutions.
RESOLVED FURTHER: That any actions taken by such officers prior to the date of
the foregoing resolutions adopted hereby that are within the authority conferred thereby
are hereby ratified, confirmed and approved as the acts and deeds of the Company.
IN WITNESS WHEREOF, the undersigned shareholder is giving written consent with
respect to all shares of the Company's capital stock held by such shareholder in favor of
the above resolutions. Any copy, facsimile or other reliable reproduction of this action
may be substituted or used in lieu of the original writing for any and all purposes for
which the original writing could be used, provided that such copy, facsimile or other
reproduction be a complete reproduction of the entire original writing.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
By:
Name: Curt Riffle
Title: President, Board of Directors
Dated: September 26, 2012
• Los Gatos
17Im
■
Area of
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35 Sierra S
osP Guadalupe Land Companyv
Qcksl e
"Newhagen Meadows" Coun y Park
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286.61 Acres ~
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Attachment 2 : Guadalupe Land Company Property Midpeninsula Regional
Open Space District
MROSD Watershed Land
Other Protected Open Space Conservation or Agricultural e September 2012
L�11J
or Park Lands Easement
0 0_!2s 0 zs 05
We,
Midpeninsula Regional
Open Space District
R-12-92
Meeting 12-32
September 26, 2012
GLC AGENDA ITEM I
AGENDA ITEM
Meeting of and Report to Sole Shareholder of Guadalupe Land Company as Owner of Property
Adjacent to the Mount Umunhurn Area of Sierra Azul Open Space Preserve(Santa Clara County
Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013) to Consider Dissolution of
the Corporation and Payment of Tax attributable to the dissolution
BOARD CHAIRMAN'S RECOMMENDATION
1. Adopt the Written Shareholder Consent Authorizing Dissolution of the Guadalupe Land
Company, a private corporation.
SUMMARY
The Midpeninsula Regional Open Space District (District) is the sole shareholder of Guadalupe
Land Company, a private corporation (Company), with a sole asset of a 286.61-acre property.
The Company was purchased by the Midpeninsula Regional Open Space District (District) in
January 2005. It is recommended that the District, acting in its capacity as the sole Shareholder
of the Company, authorize the dissolution of the Company and payment of tax attributable to the
dissolution estimated at $275,379. This will increase District administrative capacity currently
being taken up by management of the private corporation and will bring all future dealings with
this property into the normal operations of the District, which is a public agency.
DISCUSSION (See attached map)
At its December 15, 2004 meeting, the District's Board of Directors approved the purchase of
the Company, which included as its sole asset, a 286.61-acre property, as an addition to Sierra
Azul Open Space Preserve (see Report R-04-134). Through this transaction, the District became
the sole shareholder of the Company(acting through the District's Board of Directors).
Since acquiring the Company and in its capacity as sole shareholder, the District has met
annually and taken all required corporate maintenance actions, including appointment of
Directors and Officers, filing and payment of annual corporate taxes, and payment of annual
management fee to patrol and maintain the property. The current Directors are: Stephen E.
Abbors, Chairman of the Board; Michael L. Foster; and Michelle Radcliffe. The current Officers
are: Stephen E. Abbors, President; Michael L. Foster, Chief Financial Officer; and Michelle
Radcliffe, Secretary.
R-12-92 Page 2
In July 2008, the Shareholder authorized the conveyance of an open space easement to Peninsula
Open Space Trust which was recorded in September 2008 (see report R-08-92). Because the
open space easement protects the property as public open space and prohibits residential
development, the current value of the property was reduced significantly compared to the
unencumbered value of the property before the open space easement was granted to POST. The
Officers and Directors have engaged corporate tax counsel and Member Appraisal Institute
(MAI) appraiser to assess the advantages and disadvantages of dissolving the corporation and to
determine the corresponding capital gain tax liability associated with unwinding the corporation.
Tax Attributable to the Dissolution
Corporate tax attributable to the dissolution are assessed at approximately 40% (consisting of a
Federal rate of about 34% and a State rate of about 6%) of the appreciated value of the property.
The approximate 40%rate is applied to the difference between the current value of the property
and the property's tax basis when corporation was formed. The original tax basis of the property
is $227,000. The appraised fair market value of the unencumbered fee title of the 286.61 acre
property in 2008 prior to the conveyance of the open space easement was $3,389,000.
In 2008, the value of the property subject to the open space easement was valued at $419,182
which represents approximately 12% of the fee value ($419,1821$3,389,000= 12.37%). This
percentage is applied to original tax basis of the property of$227,000 to arrive at the adjusted
basis of value of the property subject to the open space easement granted to POST in September
2008. The adjusted basis is calculated at $28,077 ($227,000 X 12.37% _ $28,077).
The Company obtained a current fair market appraisal of the property encumbered by the open
space easement valued at $716,525 with a value date of July 18, 2012. The current potential tax
attributable to the dissolution liability is calculated at $275,379 as follows:
$716,525 - $28,077 = $688,448
X 40%
$275,379
iCorporate Dissolution Process
The dissolution of the Company must be initiated by an election to dissolve, which may be made
by the vote or written consent of at least fifty percent of the Company's outstanding shares (the
sole shareholder is the District). The corporate dissolution will need to be filed with the Internal
Revenue Service and the Franchise Tax Board. Following this election and winding up of the
Company, the Company must file a final franchise tax return with the Franchise Tax Board and a
Certificate of Dissolution with the Secretary of State.
Fiscal Analysis
The estimated tax of$275,379 attributable to the dissolution will need to be budgeted and
deposited into the Company bank account. It is recommended that this amount be rounded up to
$290,000 to cover any additional IRS and State Franchise Tax Board filing fees and associated
costs necessary to initiate and complete the dissolution process. Upon the successful dissolution,
R-12-92 Page 3
the annual management fees, corporate tax and filings totaling$5,025 will no longer be incurred
by the District acting as the Shareholder.
USE AND MANAGEMENT
The Preliminary Use and Management Plan adopted at the meeting of December 15, 2004, still
remains in effect and unchanged. The Plan states the property will be closed to public use and
will be routinely patrolled.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
The Company officers and directors shall prepare and file for the dissolution of the corporation
and pay the associated tax attributable to the dissolution not to exceed $200,0002SO-,". Upon
the completion of the dissolution of the Company, the remaining Corporation bank balance will
be disbursed to the District's General Fund. These items will be reported back the District's
Board of Directors at a future meeting.
Attachments:
1. Guadalupe Land Co. Written Consent of Shareholders
2. Map
Prepared by:
Michael C. Williams, Real Property Manager
Contact Person:
Same as above
GUADALUPE LAND CO.
a California Corporation
ACTION BY WRITTEN CONSENT OF THE SOLE SHAREHOLDER
September 26, 2012
Pursuant to Section 603(a) of the General Corporation Law of the State of California, the
undersigned, being the sole stockholder of Guadalupe Land California corporation
g g P Co.,� P
(the "Company"), hereby takes the following actions and adopts the following resolutions
by written consent, effective as of the date first written above:
Approval of Dissolution of Co oration
pp rp
RESOLVED: Authorize the Directors and Officers to pursue the dissolution of the
Guadalupe Land Company, a California Corporation and the resulting transfer of the
Property, which is the sole asset of the Company, to the Midpeninsula Regional Open
Space District. The Property is adjacent to the Mt. Umunhum Area of Sierra Azul Open
Space Preserve, attached as Exhibit A.
Omnibus Resolutions
RESOLVED: That the proper officers of the Company be, and each individually is,
hereby authorized and directed to do and perform any and all such acts, including the
execution, delivery and filing of all Federal and State Dissolution Filing Requirements,
pay the taxes attributable to the dissolution not to exceed $290,000 and transfer of the all
property and remaining assets to the Midpeninsula Regional Open Space District and any
and all other instruments, documents and certificates, as such officers deem necessary or
advisable, to carry out and perform the purposes and intent of the foregoing resolutions.
RESOLVED FURTHER: That any actions taken by such officers prior to the date of
the foregoing resolutions adopted hereby that are within the authority conferred thereby
are hereby ratified, confirmed and approved as the acts and deeds of the Company.
IN WITNESS WHEREOF, the undersigned shareholder is giving written consent with
respect to all shares of the Company's capital stock held by such shareholder in favor of
the above resolutions. Any copy, facsimile or other reliable reproduction of this action
may be substituted or used in lieu of the original writing for any and all purposes for
which the original writing could be used, provided that such copy, facsimile or other
reproduction be a complete reproduction of the entire original writing.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By:
Name: Curt Riffle
Title: President, Board of Directors
Dated: September 26, 2012
i
Midpeninsula Regional
Open Space District
R-12-95
Meeting 12-32
September 26, 2012
AGENDA ITEM 4
AGENDA ITEM
i
Approve transfer of Land Purchase Funds to the Guadalupe Land Company(Company) for
dissolution of the Company and pay corresponding Capital Gain Taxes resulting from the
transfer of the Company Property as an Addition to the Mount Umunhum Area of Sierra Azul
Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001
and 575-12-013).
GENERAL MANAGER'S RECOMMENDATION
1. Adopt the attached Resolution authorizing the transfer of Land Acquisition Funds to proceed
with the dissolution of the Company and payment of tax attributable to the dissolution.
SUMMARY
The Midpeninsula Regional Open Space District(District) is the sole shareholder of Guadalupe
Land Company, a private corporation (Company), with a sole asset of a 286.61-acre property.
The Company was purchased by the Midpeninsula Regional Open Space District (District) in
January 2005. It is recommended that the District transfer$280,000 from the District's land
purchase budget into the Company corporate bank account to continue with the corporate
dissolution process by paying the tax attributable to the dissolution estimated at$275,379. The
estimated capital gains taxes are rounded up to $280,000 to cover any additional IRS and State
Franchise Tax Board filing fees and associated costs of the dissolution process. Please reference
Board report R-12-92 also on the September 26, 2012 Board meeting agenda for the discussion
of the District's ownership history of the Company and the corporate dissolution process and the
estimated tax attributable to the dissolution payment.
FISCAL IMPACTS
FY2012-13 Budget for New Land Purchases:
New Land Budget $9,000,000
Less:
Land purchase commitments this fiscal year $1,548,100
Guadalupe Land Co. Tax Attributable to the
Dissolution $ 290,000
New Land Purchase Budget Remaining $7,161 900
i
R-12-95 Page 2
The Controller was consulted on this proposed purchase and has indicated that, considering cash flow and
account balances, funds are available for this property purchase, including payment of tax attributable to
the dissolution.
BOARD COMMITTEE REVIEW
Committee review is not required for this agenda item as this item is intended for discussion by
the full Board of Directors.
PUBLIC NOTICE
Public notice was provided in accordance with the Brown Act.
NEXT STEPS
Upon approval by the Board of Directors, staff will deposit the$280,000 into the Company bank account
so that the Company can proceed with the dissolution of the corporation and payment of tax attributable
to the dissolution. After the corporation has been unwound and the property is transferred to the District,
staff will provide an informational report to the Board of the completion of this project and a final
accounting of the remaining corporation funds which will revert to the District.
Attachments:
1. Resolution
2. Property Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Michael Williams, Real Property Manager
ATTACHMENT 1
RESOLUTION NO. 12-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING TRANSFER OF LAND PURCHASE FUNDS
TO THE GUADALUPE LAND COMPANY FOR CORPORATE DISSOULTION AND
PAYMENT OF CAPTIAL GAINS TAXES AND TRANSFER OF PROPERTY TO
DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND
ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO COMPLETING
THIS TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF
GUADALUPE LAND COMPANY)
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 (District)
does hereby authorize the transfer and deposit of$290,000 into the Guadalupe Land Company
(Company) bank account to pay the tax attributable to the dissolution of the Company and the
subsequent transfer of the Property to the District.
Section Two. The General Manager, President of the Board of Directors or other appropriate
officer is authorized to execute Certificates of Acceptance for the Grant Deed on behalf of the
District.
Section Three.The General Manager or General Manager's designee is authorized to expend up
to $5,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs
related to this transaction.
I
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Attachment 2 Guadalupe Land Company Property Midpeninsula Regional
Open Space District
MROSD Watershed Land
Other Protected Open Spacer? Conservation or Agriculturat e September 2012 .
or Park Lands Easement
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Miles
Midpeninsula Regional
Open Space District
R-12-95
Meeting 12-32
September 26, 2012
AGENDA ITEM 4
AGENDA ITEM
Approve transfer of Land Purchase Funds to the Guadalupe Land Company(Company) for
dissolution of the Company and pay corresponding Capital Gain Taxes resulting from the
transfer of the Company Property as an Addition to the Mount Umunhum Area of Sierra Azul
Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001
and 575-12-013).
GENERAL MANAGER'S RECOMMENDATION=5�- �
1. Adopt the attached Resolution authorizing the transfer of Land Acquisition Funds to proceed
with the dissolution of the Company and payment of tax attributable to the dissolution.
SUMMARY
The Midpeninsula Regional Open Space District (District) is the sole shareholder of Guadalupe
Land Company, a private corporation(Company), with a sole asset of a 286.61-acre property.
The Company was purchased by the Midpeninsula Regional Open Space District (District) in
January 2005. It is recommended that the District transfer$290,0002S4,4W from the District's
land purchase budget into the Company corporate bank account to continue with the corporate
dissolution process by paying the tax attributable to the dissolution estimated at$275,379. The
estimated capital gains taxes are rounded up to $290,0002 O-,000 to cover any additional IRS and
State Franchise Tax Board filing
fees and associated costs of the dissolution process. Please
n B r R- - r 2 2 12 Bo meeting agenda for the
reference Board report 12 9� also on the September 6 0 and e
p � g g
discussion of the District's ownership history of the Company and the corporate dissolution
process and the estimated tax attributable to the dissolution payment.
FISCAL IMPACTS
FY2012-13 Budget for New Land Purchases:
New Land Budget $9,000,000
Less:
Land purchase commitments this fiscal year ($1,548,100)
Guadalupe Land Co.Tax Attributable to the
Dissolution $ 2909000)
New Land Purchase Budget Remaining $7 161 900
R-12-95 Page 2
The Controller was consulted on this proposed purchase and has indicated that, considering cash flow and
account balances, funds are available for this property purchase,including payment of tax attributable to
the dissolution.
BOARD COMMITTEE REVIEW
Committee review is not required for this agenda item as this item is intended for discussion by
the full Board of Directors.
PUBLIC NOTICE
Public notice was provided in accordance with the Brown Act.
NEXT STEPS
Upon approval by the Board of Directors, staff will deposit the$290,,00090-
QW into the Company bank
account so that the Company can proceed with the dissolution of the corporation and payment of tax
attributable to the dissolution. After the corporation has been unwound and the property is transferred to
the District, staff will provide an informational report to the Board of the completion of this project and a
final accounting of the remaining corporation funds which will revert to the District.
Attachments:
1. Resolution
2. Property Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Michael Williams, Real Property Manager
ATTACHMENT I
RESOLUTION NO. 12-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING TRANSFER OF LAND PURCHASE FUNDS
TO THE GUADALUPE LAND COMPANY FOR CORPORATE DISSOULTION AND
PAYMENT OF CAPTIAL GAINS TAXES AND TRANSFER OF PROPERTY TO
DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND
ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO COMPLETING
THIS TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE -LANDS OF
GUADALUPE LAND COMPANY)
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(District)
does hereby authorize the transfer and deposit of$290,000 into the Guadalupe Land Company
(Company) bank account to pay the tax attributable to the dissolution of the Company and the
subsequent transfer of the Property to the District.
I
Section Two. The General Manager, President of the Board of Directors or other appropriate
officer is authorized to execute Certificates of Acceptance for the Grant Deed on behalf of the
District.
Section Three.The General Manager or General Manager's designee is authorized to expend up
to $5,000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs
related to this transaction.
i
i
I
Midpeninsula Regional
OPEN ( Open Space District
R-12-94
Meeting 12-31
September 26, 2012
AGENDA ITEM 5
AGENDA ITEM
Informational Presentation on the Mindmixer Public Engagement Tool for the Ravenswood Bay
Trail Project
GENERAL MANAGER'S RECOMMENDATION
Receive an informational presentation on the Mindmixer public engagement tool being used for
the Ravenswood Bay Trail Project.
SUMMARY
The Board will be shown a demonstration of the Ravenswood Bay Trail Mindmixer public
engagement website by District staff.
DISCUSSION
The Ravenswood Bay Trail project has drawn substantial public attention, but there is
widespread confusion about the District's role and the timing of the steps necessary to complete
the project. To supplement the two public open houses held in Menlo Park on September 10,
2012, and in East Palo Alto on September 24, 2012, staff has developed a free-standing public
engagement website, powered by Mindmixer, for the Ravenswood Bay Trail. Staff will provide a
website demonstration to the Board, which can be viewed at baytrail.openspace.org.
The Mindmixer site allows the District to efficiently disseminate information and offer
participation opportunities to both tech-savvy stakeholders and a broader audience. Similar to
other social media tools, users could also comment on other users' feedback and ideas. The cost
of this tool can be accommodated within the Bay Trail project budget, and as an added benefit,
can be used for other District projects during the six-month "live"period at no additional cost.
BOARD COMMITTEE REVIEW
Committee review is not required for this agenda item.
i
R-12-94 Page 2
i
i
i
FISCAL IMPACT
As an informational report, this item has no fiscal impact other than budgeted staff time. The
District cost for purchasing the Mindmixer program was $x,xxx.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This informational item is not a project under the California Environmental Quality Act(CEQA).
Responsible Department Managers:
Michael Williams, Real Property Manager
Rudy Jurgensen, Public Affairs Manager
Prepared by:
Sandy Sommer, Senior Real Property Planner
Contact person:
Same as above
Midpeninsula Regional
Open Space District
R-12-96
Meeting 12-32
September 26, 2012
AGENDA ITEM 6
AGENDA ITEM
Authorization to Amend an Agreement with Security Code 3 for an Additional $9,000 to
Continue the Provision of Security Patrol Services at Mount Umunhum
GENERAL MANAGER'S RECOMMENDATION
Authorize an agreement amendment with Security Code 3 for an additional $9,000 to continue to
provide security patrol services at Mountt Umunhum, for a total contract amount not to exceed
$33,000.
SUMMARY
After a series of trespassing, vandalism, and theft incidents occurred after-hours at
Mount Umunhum, and in response to complaints from neighbors, the District entered into a
contract with Security Code 3, to provide after hours security for the base. The original intent
was to fund security up to the point when the contractor performing the demolition work would
take over responsibility for security once they started work, which was projected to be
October 1, 2012. The actual date for the demolition contractor to take over this responsibility
has now been set for November 1, 2012. As a result, the District needs to continue to provide for
site security for an additional month.
The original contract was approved under the authority of the General Manager for$24,000, and
the amended contract will bring the not-to-exceed amount to $33,000, requiring it to be brought
before the Board for approval.
DISCUSSION
The greater visibility of Mount Umunhum in electronic and print media has resulted in more
trespassing, theft, and vandalism violations. In addition, adjacent neighbors have complained
about the impact of trespassers on to their private property. An additional problem has been the
increased incidents of theft associated with people trying to steal metal from the site.
In response to these issues staff entered into an agreement with Security Code 3 for visible patrol
services on the base. The services are provided by certified, unarmed, security officers who
drive a marked security vehicle equipped with yellow lights. The services are provided after
R-12-96 Page 2
District rangers have gone off duty(approximately 9-10 hours daily). The presence of a security
guard has been successful in significantly decreasing the after-hours activities.
Once the demolition contractor begins work, they will be responsible for site security. It was
originally anticipated that the contractor would start demolition work on October 1, 2012.
However, it has now been determined the contractor will take over responsibility for the base on
November 1, 2012, making it necessary to extend the current contract by one month.
FISCAL IMPACT
With this $9,000 amendment added to the current contract of$24,000, the total not-to-exceed
contract amount will be$33,000. It is anticipated that the additional month will only cost $7,285
but the additional funds are being requested in case it is necessary to extend the contract a few
days into November. Funds for total cost of the contract will be added to the requested FY2012-
13 midyear budget for the Operations department.
BOARD COMMITTEE REVIEW
Board Committee review for this item was not required as this issue has been thoroughly vetted
with the Sierra Azul Ad Hoc committee over the past year.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
Upon Board authorization, staff will approve the amendment to the Security Code 3 agreement
to allow for the continued presence of security officers on Mt. Umunhum.
Responsible Department Head:
David Sanguinetti, Operations Department
Prepared by:
Gordon Baillie, Management Analyst II
Contact person:
Same as above
Midpeninsula Regional
' Open Space District
r
R-12-97
Meeting 12-32
September 26, 2012
AGENDA ITEM 7
AGENDA ITEM
Authorization to Increase the Contingency for the Existing Contract Agreement with TKO
General Engineering and Construction (TKO) for the Staging Area and Connector Trail Project
at El Corte de Madera Creek Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to increase the contingency for the existing contract agreement
with TKO by a not-to-exceed amount of$25,000, for a total not-to-exceed amount of$493,000,
which includes the bid amount of$389,688 and a new total 26.5% contingency amount of
$103,312, to construct the Staging Area and Connector Trail Project at El Corte de Madera
Creek Open Space Preserve.
SUMMARY
On July 25, 2012, the Board of Directors authorized the General Manager to execute a contract
with TKO (see Report 12-69)for construction services to construct the Staging Area and
Connector Trail Project at El Corte de Madera Creek Open Space Preserve. A 20%contingency
amount was requested at that time to address unanticipated additional work. Over the course of
the past four weeks, two change orders resulting from unknown subsurface conditions were
discovered during excavation and have almost depleted the 20% contingency. A potential new
subsurface condition also associated with the driveway has just been discovered that, with
fencin g, restrooms, trailhead infrastructure and an accessible trail still to be constructed
paving, g ,
beg the addition of$25,000 to the contingency to cover any remaining unanticipated issues. To
meet requirements of the Regional Water Quality Control Board, any changes resulting in soil
disturbance must be implemented by October 1, 2012 or the Project will need to be stopped and
.l pP
resumed after April 15, 2013.
DISCUSSION
To date, two change orders, described below, have been completed to address unanticipated
subsurface conditions. New unanticipated subsurface conditions are suspected and the additional
$25,000 contingency is being requested to address these, should they emerge, and facilitate
overall project completion by October 2012.
R-12-97 Page 2
Change Order No. I (completed)
During the excavation for the driveway entrance to Skyline Boulevard, TKO encountered a long,
four to five-foot deep seam of loamy soil, which does not readily compact and is unsuitable for
the compacted fill required under pavement. TKO was required to perform a significant amount
of additional earthwork to excavate and relocate the soil, excavate suitable fill from elsewhere on
the project site, and relocate and compact that fill back to the driveway area.
Change Order No. 2 (completed)
Two exploratory trenches were dug to more accurately ascertain the depth of an existing
California Water Service Company (Cal Water) pipe running under the proposed driveway. The
proposed grades and coverage over the pipe were reviewed in the field by Cal Water
representatives and found to be unacceptable. ARCADIS, the project civil engineer, explored
several design alternatives with TKO and Cal Water to resolve the issue. The grades were
adjusted to increase depth of cover over the pipe, resulting in additional earthwork to re-grade
the driveway. Due to the new driveway grades, additional revisions to the location and grades of
a retention pond were also required.
Potential Additional Change Order(s)
Another potential subsurface condition arose on September 19, 2012 during the excavation for
the retention pond closest to the driveway entrance. A revision to the layout and/or construction
of the pond may be required and is currently under review with ARCADIS. The requested
$25,000 addition to the contingency would include funds to cover this cost.
The changes described above are necessary to complete the driveway, were not previously
reasonably anticipated, and must be addressed efficiently in the field in order to meet the October
1, 2012 deadline set by the Regional Water Quality Control Board for soil disturbance activity.
Staff and ARCADIS met with TKO several times during the course of resolving the first two
issues, and ARCADIS reviewed Change Orders Nos. I and 2 for accuracy. TKO also worked
with the District to charge a lower cost per cubic yard, using $60 per cubic yard instead of the
more typical $120 or $150 per cubic yard for general earthwork or engineered fill.
Staff is requesting the addition of$25,000 to the contingency to address any other unexpected
conditions in a timely manner and within the October deadline set by the Regional Water Quality
Control Board.
FISCAL IMPACT
The FY2012-1 3) budget contains sufficient funds to cover the costs associated with this work,
including the additional $25,000 in contingency.
BOARD COMMITTEE REVIEW
No Board Committee review is required for this portion of the Project.
PUBLIC NOTICE
Public notice of this Agenda Item was provided per the Brown Act. No additional notice is
required.
R-12-97 Page 3
CEQA COMPLIANCE
Staff completed a Mitigated Negative Declaration for the Project, which the District Board of
Directors adopted on February 10, 2010. A Notice of Determination was filed with the San
Mateo County Clerk Recorder on February 16, 2010. The District Board of Directors adopted an
Addendum to the Mitigated Negative Declaration on March 14, 2012.
NEXT STEPS
Upon approval by the Board of Directors, the General Manager will be authorized to issue
additional Change Orders for an additional not-to-exceed amount of$25,000 with TKO to cover
unanticipated construction services for the Staging Area and Connector Trail Project. These
funds will only be used if needed to complete the Project, which is scheduled to be completed by
October 2012.
Responsible Department Head:
Ana Ruiz, Planning Manager
Prepared by:
Tina Hugg, Open Space Planner III
Contact person:
Tina Hugg, Open Space Planner III
Midpeninsula Regional
Open Space District
To: Board of Directors
From: Stephen E. Abbors
Date: September 21, 2012
Re: FYIs
y
r%N
Sempervirens
Fund
!'reserving rk'cltt'ood torestl siz)ae 1000
For More Information:
Laura McLendon Steve Abbors
Project Manager General Manager
Sempervirens Fund Midpeninsula Regional Open Space District
lmelendon,cr set7ipervirens.org sabbors�yopgn ce.or-
805-636-6291 (cell) 650-691-1200
and and
Scott Nichols Michael Williams
Annual Giving&Communications Manager Real Property Manager
Sempervirens Fund Midpeninsula Regional Open Space District
snicholsLa"isempervirens.org mw illiams�openspace.org
650-949-1453 650-691-1200
FOR IMMEDIATE RELEASE
September 6,2012
News Release
Local Redwoods Saved
Sempervirens Fund and Midpeninsula Regional Open Space
District partner to expand local park and leverage foundation
funds to expand El Corte de Madera Creek Open Space
Preserve
240 Old Growth Redwoods protected through this local partnership;
new public trails planned in the future
Los Altos, CA—Local land trust Sempervirens Fund, a nonprofit dedicated to preserving the
redwood forests of the Santa Cruz Mountains, and Midpeninsula Regional Open Space District
(the District) announced today the completion of two land transactions that expand the 2,817-
1
acre El Corte de Madera Creek Open Space Preserve by 89 acres and save 240-old growth
redwood trees, some of which were slated for logging. This partnership represents the first
collaboration between Sempervirens and the District in nearly two decades.
The District completed the purchase of these two properties today. Both properties are adjacent
to El Corte de Madera Creek Open Space Preserve, a District preserve located just west of the
town of Woodside off Skyline Boulevard and distinguished by dense forests, coastal views, rare
sandstone formations, and an extensive trail network. The purchase of the properties, a 31-acre
redwood forest property from Sempervirens Fund and a 58-acre forested property from the
Gallaway Family, will permanently protect 89 acres and link together protected lands and
habitat.
The Sempervirens Fund property, originally purchased by the land trust in 2010, comprises 31
acres of dense redwood and mixed conifer forest, with an estimated 240 old-growth redwood
trees. The largest redwoods on the property are 10 to 12 feet in diameter and some were
approved for removal before Sempervirens Fund acquired the property. Sempervirens Fund
planned its purchase of the old-growth forest in collaboration with the District, which has long
been interested in taking over management of the property and contributing to its purchase.
"We are proud of this great public-private partnership project which allows us to connect two
parcels with majestic old-growth redwood trees and incorporate them into our El Corte de
Madera Creek Open Space Preserve. This is now the largest grove of old growth redwoods under
District ownership and it provides us with the opportunity to further protect special status species
including the marbled murrelet, California red-legged frog and steelhead," says Steve Abbors,
General Manager of Midpeninsula Regional Open Space District.
i
The purchase of these two properties will protect some of the largest redwoods remaining in the
Santa Cruz Mountains, expand and diversify a well-used public preserve, and implement the
Living Landscape Initiative's conservation goals in the Redwood Heartland—one of four priority
landscapes targeted for land protection.
Sempervirens Fund transferred its 31-acre Lagomarsino property at a 50%bargain sale of
$515,000 on June 15. A portion of the funding for the Gallaway property came from a$425,000
grant from the Gordon and Betty Moore Foundation through Resources Legacy Fund's Living
Landscape Initiative Challenge Grant Program. In addition to aiding in the purchase of the
Gallaway property, a portion of this grant will support the District's initial stewardship of both
properties.
"It's exciting to have so many wonderful partners all working toward important conservation
goals in our region," says Reed Holderman, Executive Director of Sempervirens Fund. "The
Living Landscape Initiative, a collaboration of five conservation groups whose goal is to protect
80,000 acres in and around Silicon Valley, was launched less than two years ago but is already
proving to be an effective means of leveraging each other's resources. I'm so glad we were able
to extend the Initiative to include the District's work on these properties."
########
2
Created by voters in 1972, the Midpeninsula Regional Open Space District has successfully
protected more than 60,000 acres of open space. The District is a California special district
governed by an elected board of directors. The District's mission 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.
www.openspace.org
Sempervirens Fund is a non-profit 501(c)(3) organization whose mission is to protect and
permanently preserve redwood(Sequoia sempervirens) forest, wildlife habitat, watersheds, and
other important natural and scenic features of California's Santa Cruz Mountains, and to
encourage public appreciation and enjoyment of this environment. Visit www.sempervirens.org
for more information.
The Living Landscape Initiative is a collaborative effort among five land conservation
organizations in and around Silicon Valley. Land Trust of Santa Cruz County, The Nature
Conservancy, Peninsula Open Space Trust(POST), Save the Redwoods League and
Sempervirens Fund are all working together to protect the unique natural benefits and striking
beauty that nourish the area's social and economic vitality. By creating a sustainable living
landscape, the Initiative seeks to enhance our lives by promoting clean air and water, local
farming and working lands,biodiversity and habitat protection for wildlife, and public enjoyment
of natural lands. To learn more, visit www.livinglandscapeinitiative.org.
3
Mid peninsula Regional •
Release
P
Open Space District For Immediate
Date: September 7,2012 Contact: Lallor Maune 650.691.1200
District Invites Public to Discuss Critical
MissingLink in the San Francisco Bay Trail
Y
-Open Houses Scheduled for September 10 and September 24-
Los Altos,California [September'7,20121 The Midpeninsula Regional Open Space District
(District) is working to complete a critical half-mile missing link of the San Francisco Bay Trail
situated between Ravenswood Open Space Preserve and University Avenue. This section of the
trail, part of the Ravenswood Bay Trail, is located within the communities of Menlo Park and
East Palo Alto.
"During this critical first step, a key component of the process is public participation," said
Sand Sommer, a District senior planner. "We want this trail to be a success for the
Y
neighborhood as well as those who enjoy the outdoors and we look forward to having a
conversation with the community about it."
The District invites the public to attend one of two open houses scheduled during September to
discuss the plan. The open houses are to provide information and solicit the views of community
members and other interested parties.
The first of the two open houses planned is Mond
ay,, September 10, from 6:00 to 7:00 .m., in
the Oak Room of Arrilliga Family Recreation Center located at 700 Alma Street in Menlo Park.
The second open house is Monday, September 24, from 6:00 to 7:00 p.m., in the Community
Room of East Palo Alto City Hall located at 2415 University Avenue.
In addition, an online participation forum at http://openspace.mindmixer.com is coming soon to
supplement the public meetings.
The San Francisco Bay Trail, which will be 500 miles when completed, is a world-class network
of bicycling and hiking trails along the shoreline encircling the San Francisco and San Pablo
Bays. The Bay Trail provides easily accessible recreational opportunities for outdoor enthusiasts.
It offers a setting for wildlife viewing and environmental education, and it increases public
respect and appreciation for the Bay. The trail not only enhances the recreational experience it
also offers an important alternative transportation route for bicycle commuters.
Created by voters in 1972,the Midpeninsula Regional Open Space District has successfully protected more than 60,000 acres of open space. The
District is a California special district governed by an elected board of directors. The District's mission is to acquire and preserve a regional
greenbelt qj'open space land in perpetuity,protect and restore the natural environment, and provide opportunities for ecologically sensitive
public enjoyment and education. www.openspace.org.
Rg
• " Open Space6Dist ictnal For Immediate Release
Date: September 17,2012 Contact: Rudy Jurgensen 650.691.1200
I
District Announces Mount Umunhum
Public Meeting for September 19
- Meeting Agenda Includes Approval of all Remaining Project
Elements except for the Radar Tower and Summit Area Amenities -
Los Altos,California [September 17,20121 The Midpeninsula Regional Open Space District
(District) invites the public to attend a meeting of the District's board of directors for the Mount
Umunhum Environmental Restoration and Public Access Project on Wednesday, September 19,
beginning at 7:00 p.m. The meeting will take place at the Arrillaga Family Recreation Center at
700 Alma Street in Menlo Park.
The Board will review all public input received regarding the Mount Umunhum Environmental
Restoration and Public Access Project, and will consider approval of all remaining project
elements except for the radar tower and summit area amenities. Project elements that may be
approved at the September 19 meeting include:
• a new parking/staging area at the Bald Mountain trailhead
• a new multi-use trail from Bald Mountain to the Mount Umunhum summit
• interpretive and educational features
• a potential visitor center
• a new multi-use trail from Mount Thayer to Ralph's Mountain in the Lexington Basin
• safety upgrades and improvements to Mount Umunhum Road
Staff will also request to move forward with design and construction of two elements: a trail to
the summit and a parking area at the Bald Mountain trailhead. These elements are the critical
first phases of opening the site to the public.
"As we complete the public access plan, we will begin to realize the tangible benefits of the hard
P P P g g
work that has been accomplished over the past few years and move ever closer to meeting our
commitment to the public to make Mount Umunhum a spectacular new destination to enjoy
hiking, biking, horseback riding and the breathtaking vistas" said General Manager Steve
Abbors. "We look forward to working with our partners and the public to make this vision a
reality."
At the previous meeting on July 18, the District hosted a public open house and workshop to
gather public feedback and input regarding Mount Umunhum located in Sierra Azul Open Space
Preserve near San Jose. The District is in the process of restoring the unique location for public
access and recreation.
Rising 3,486 feet, Mount Umunhum is one of the highest peaks in the Santa Cruz Mountains. Its
slopes host a rich diversity of life and contain the headwaters of several creeks. Its name comes
from an Ohlone word meaning"resting place of the hummingbird"and plays a central role in
their creation beliefs. The Almaden Air Force Station operated atop the peak from 1957 to 1979.
The District bought Mount Umunhum from the federal government in 1986 and incorporated it
into the Sierra AzuI Open Space Preserve. In late 2009,the federal government appropriated $3.2
million to the Army Corps of Engineers to begin cleaning up the former air force station, which
is nearing completion.
Public input is an important part of the planning process. Members of the public are asked to
contact the District at mtxm.tower(�d��openspace.org or 650-691-1200 if they are interested in
receiving notices about public input opportunities on the Mount Unumhum. Project. For project
details and updates visit the website at www.openspace.org/plans projects/nit umunhum.asp.
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Created by voters in 1972,the Midneninsula Regional Open Space District has successfully protected more than 60.000 acres oj'open space. The
District is a California special district governed by an elected board of directors. The District's mission 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. www.openspace.org.