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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 Det i � 35 Sierra S osP Guadalupe Land Companyv Qcksl e "Newhagen Meadows" Coun y Park _:- 286.61 Acres ~ y P • t Jl 1 . / r f , E m Access Easement s c U � c m E v c J 7 A v W 7 �N Q d a` I 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 O • Los Gatos _ . 17 ' �s a' Area 5f Detai %35 Y' Azu( _ osP Guadalupe Land Company QUicksilvei' ; "Newhagen Meadows" --X County Park -� 286.61 Acres '` V N O d z Access Easement t v' 0 a` m E 0 U m 0 A c m of75 U v c m m v CN? a 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 0 0.125 0.25 0 5 . . 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. ##### 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.