HomeMy Public PortalAbout20160608 - Agenda Packet - Board of Directors (BOD) - 16-13
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SHOUP PARK GARDEN HOUSE
400 University Avenue
Los Altos, CA 94022
Wednesday, June 8, 2016
Special Meeting starts at 5:00 PM*
Regular Meeting starts at 7:00 PM*
A G E N D A
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ROLL CALL
1. Selection of Preferred Option for the Mount Umunhum Radar Tower and Authorization to
Receive Outside Funds (R-16-75)
Staff Contact: Ana Ruiz, AICP, Assistant General Manager
General Manager’s Recommendations:
1. Approve the “Retain and Seal” Option for the Mount Umunhum Radar Tower.
2. Rescind the Partnership Guidelines for the Mount Umunhum Radar Tower that were approved
by the Board on January 8, 2014 to establish formal funding agreements.
3. Authorize the General Manager to receive public and private funds for the Radar Tower as
donations to fund future repairs and maintenance activities.
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not the agenda. Each speaker will ordinarily
be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow action by the
Board of Directors on items not on the agenda. If you wish to address the Board, please complete a
speaker card and give it to the District Clerk. Individuals are limited to one appearance during this
section.
ADOPTION OF AGENDA
Meeting 16-13
CONSENT CALENDAR
All items on the Consent Calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed from the Consent
Calendar during consideration of the Consent Calendar.
1. Approve Claims Report
2. Call District Elections in Wards 3, 4, and 7 and Request Election Consolidation Services from
Santa Clara and San Mateo Counties (R-16-72)
Staff Contact: Jennifer Woodworth, District Clerk
General Manager’s Recommendations:
1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – Santa Clara County,
Wards 3 and 4.
2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – San Mateo County,
Ward 7.
3. Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per
candidate statement and payment of candidates’ statements and, if required by the respective
county, translations of candidates’ statements pursuant to the Elections Code of the State of
California, in those wards where two or more candidates have qualified to appear on the ballot.
4. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District authorizing not listing any unopposed candidate for election on the November 8, 2016
ballots of Santa Clara and San Mateo Counties.
3. Selection of outside consultants to comprise the District Bond Team and Approval of
Proposed Financing Schedule (R-16-73)
Staff Contact: Stefan Jaskulak, CFO
General Manager’s Recommendations:
1. Authorize the General Manger to enter into the following Agreements related to the District’s
Bond Team, formed to initially assist the District with the anticipated August 2016 financing,
and then extending advisement services for a term of up to six years (three years, with one
three-year renewal at the option of the District):
Role Selected Firm Dollar Value of Contract
Bond Counsel Orrick $230,000
Disclosure Counsel Schiff, Hardin, LLP $70,000
Financial Advisor Backstrom McCarley, Berry
& Co., LLC $130,000
Underwriter Services Morgan Stanley This contract may come
forward in the form of a Bond
Purchase Agreement at time
of a negotiated Bond
Refunding, but anticipated to
be approximately $145,000
paid as Cost of Issuance from
Bond Proceeds.
2. Authorize the General Manger to direct staff to take the actions described in the Proposed
Schedule for the 2016 Refunding of the Financing Authority’s Series 2007A Revenue
Refunding Bonds, so as to obtain significant future cash savings.
4. Proposed Purchase of the Fox Creek Fund, LLC (Barth) property as an addition to Sierra
Azul Open Space Preserve located off of Hicks Road in unincorporated Santa Clara County
(Assessor’s Parcel Number 575-11-020) (R-16-74)
Staff Contact: Allen Ishibashi, Senior Real Property Agent
General Manager’s Recommendations:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Barth property at a cost of $295,000.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report.
4. Indicate the intention to withhold dedication of the Barth property as public open space.
5. Authorization to Purchase Security Fencing Panels, Posts and Hardware Associated with the
Mount Umunhum Environmental Restoration and Public Access Project (R-16-76)
Staff Contact: Allen Ishibashi, Senior Real Property Agent and Damon Adlao, Capital Project
Manager
General Manager’s Recommendation:
Authorize the General Manager to purchase Omega II Fence Systems welded-wire, no-climb
security fencing panels, posts and hardware for a not-to-exceed amount of $100,000.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
6. Appointment of Jay Marvin as a Peace Officer (R-16-70)
Staff Contact: Michael Newburn, Visitor Services Manager
General Manager’s Recommendation:
Adopt Resolution appointing Jay Marvin as a Peace Officer.
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. Items in this category are for discussion and
direction to staff only. No final policy action will be taken by the Board.
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.
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.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, 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 June 3, 2016, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022.
The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
R-16-75
Meeting 16-13
June 8, 2016
SPECIAL MEETING AGENDA ITEM 1
AGENDA ITEM
Selection of Preferred Option for the Mount Umunhum Radar Tower and Authorization to
Receive Outside Funds
GENERAL MANAGER’S RECOMMENDATIONS
1. Approve the “Retain and Seal” Option for the Mount Umunhum Radar Tower.
2. Rescind the Partnership Guidelines for the Mount Umunhum Radar Tower that were
approved by the Board on January 8, 2014 to establish formal funding agreements.
3. Authorize the General Manager to receive public and private funds for the Radar Tower as
donations to fund future repairs and maintenance activities, as determined by the District.
SUMMARY
On May 10, 2016, the Santa Clara County Board of Supervisors unanimously approved listing
the Mount Umunhum Radar Tower on the County Heritage Resource Inventory to ensure
ongoing preservation of the structure. This action effectively removes the “Restoration” and
“Open-Air” options from further consideration and leaves the Midpeninsula Regional Open
Space District (District), as landowner, with the long-term responsibility for managing the radar
tower in a safe condition in view of the public opening of the summit. Consistent with this
decision, the General Manager recommends that the District Board of Directors (Board) select
the “Retain and Seal” option for the Radar Tower at this time as the reasons for waiting until
October 2017, as originally contemplated, no longer apply. Since selection of the Retain and
Seal option is no longer predicated on establishing formal funding partnerships, the General
Manager also recommends that the Board authorize the General Manager to receive funds for
future repairs and maintenance of the structure as donations and rescind the Board-approved
Partnership Guidelines that were established to create formal funding agreements.
MEASURE AA
This item is not subject to Measure AA.
BACKGROUND
Mount Umunhum Radar Tower Options and Interim Repairs
On October 17, 2012, the Midpeninsula Regional Open Space District (District) Board of
Directors (Board) unanimously approved the Mount Umunhum Environmental Restoration and
R-16-75 Page 2
Public Access Project with the exception of selecting an option for the Radar Tower, which was
deferred for five years pending the outcome of community fundraising efforts to preserve the
structure. The Board deferred making a selection on one of the following three options:
1. Restoration: remove entire structure and environmentally restore the footprint;
2. Open-Air: substantially remove the structure, but leave an open-air, publically accessible
ground floor; or
3. Retain and Seal: retain and seal entire structure, allowing public access to the exterior only.
To proceed with the opening of the summit to public access during the five-year timeframe, the
Board approved interim “Life Safety” repairs to the Radar Tower to allow the public to safely
walk around the exterior base of the tower and enjoy all of the surrounding vista points and
extended views once the summit is opened to public use (scheduled for October 2016). These
repairs were completed in March 2016, at a total project cost of $351,989 (includes design,
permitting, and construction). These repairs were intended to span the “interim” time period
until and if sufficient outside funds were raised to fund additional, longer-term repairs.
Community Fundraising Efforts
Community fundraising efforts were part of a Partnership Guideline that the Board established
on January 8, 2014 to allow interested parties to raise funds to preserve and maintain the radar
tower. Since October 2012, the District is aware of only one non-profit organization that has
formed to raise funds for the long-term preservation and maintenance of the structure (Option 3-
Retain and Seal). Reports on the internet indicate that approximately 25% of the funds needed to
preserve the tower for the long term, or approximately $375,000, have already been raised.
County Historical Designation
In 2011, the District conducted an exhaustive historic evaluation, including, a professional
Historic Resource Study regarding the structure, applying the historic significance criteria used
for federal, state and local registers. The Historic Resource Study concluded that the structure
was not eligible for listing due to the lack of historic integrity. Since that time two independent
studies were also released and those evaluations found the structure did have historical integrity.
The types of evaluations in these reports are highly subjective, making it possible to arrive at
different conclusions.
DISCUSSION
On May 10, 2016, the Santa Clara County Board of Supervisors (BoS) voted to add the Mount
Umunhum Radar Tower to the County of Santa Clara Heritage Resource Inventory, referring the
item to County Counsel for preparation of the required findings.
Implications of Listing on the Heritage Resource Inventory
Any alteration to the Radar Tower that would result in full or partial demolition would require a
demolition permit from the County. Since the building has been placed on the Heritage
Resource Inventory, the permit would be subject to review by the County Historical Heritage
Commission, who would recommend approval or denial of the permit to the County Planning
Director, who makes the final decision. Recent events strongly indicate that the County would
deny such a permit request. While the County Planning Director’s decision is appealable to the
BoS, it is highly unlikely that the BoS would reverse the decision.
R-16-75 Page 3
Given the implications of the recent BoS decision, the General Manager recommends the Board
take action on the Radar Tower at this time, rather than wait until after October 2017 when the 5-
year timeframe is set to end. The intent of the 5-year timeframe was to allow the public to
experience the tower first-hand after the summit was opened to the public and enable that
experience to provide broad and informed feedback to the Board on the three options, as well as
to determine if community interest in preservation was sufficient to produce funding for its
preservation. Due to the historic resource listing, the “Restoration” and “Open Air” options are
no longer viable, and preservation of the structure no longer hinges on the availability of
sufficient outside funding.
The District recognizes that the Radar Tower, with or without historic integrity, is an important
physical feature for many of the residents living in the valley. Although only a small percentage
of these residents live within District boundaries (approximately 17%), the Board has the
discretion to consider a larger, regional perspective as part of their deliberation in selecting a
preferred Radar Tower option given the wider reaching effects of the decision.
It is expected that some visitors will go to the summit to see the Radar Tower where they can
then uncover the many other important and captivating stories unique to Mount Umunhum.
These stories include the remarkable natural history of the specialized plants and animals that
thrive at higher altitudes and are adapted to the summit’s seasonally extreme weather, as well as
the mountain’s cultural significance as the place of creation for the Native American Amah
Mutsun Tribe who were the original caretakers of the landscape for over 10,000 years.
For these reasons, the General Manager recommends that the Board proceed at this time with
selecting the “Retain and Seal” option for the Radar Tower.
Withdrawal of Partnership Guidelines and Receipt of Donations
Since preservation of the structure is no longer contingent on outside funding, a formal
partnership for the preservation of the Radar Tower is no longer required or relevant. Therefore,
the General Manager also recommends that the Board rescind the Partnership Guidelines for the
Mount Umunhum Radar Tower approved by the Board on January 8, 2014 (R-14-11) and instead
approve the receipt of funds from outside parties as donations to support future Radar Tower
repairs and maintenance work. These donations would be administered using the same process
as other District donations yet reserved specifically for the Radar Tower. Any future repairs for
the Radar Tower would be approved by the Board, and performed by the District.
FISCAL IMPACT
The interim repairs completed to date for the Radar Tower were only meant to stabilize the
structure for a period of 5 to no more than 10 years. Additional work will be needed to address
stabilization and safety issues over the longer term. The General Manager will return to the
Board with a full scope of work for these additional repairs together with estimated costs for
Board approval. Given current Action Plan priorities, assessment of these repairs is
recommended for Fiscal Year 2017-18. Any donated funds raised for the Radar Tower, if
conveyed to the District, would be used to cover a portion of these costs, or if not forthcoming,
the District would fund the repairs.
A secondary result of the BoS historical listing of the Radar Tower is that the liability associated
with the structure must be borne by the District, and it is in the District’s long-term interest to
R-16-75 Page 4
ensure that the Radar Tower is safe for the public to approach and stand along the exterior of the
structure. To achieve this, future recommendations regarding the physical integrity for the radar
tower, including prioritization and timing of the repairs, will be developed by the District’s
Engineering and Construction Department.
BOARD COMMITTEE REVIEW
All three options for the Mount Umunhum Radar Tower were previously reviewed by the Sierra
Azul/ Bear Creek Redwoods Ad Hoc Committee in 2011 and 2012 and forwarded to the Board
of Directors for consideration. In October 2012, the Board of Directors deferred making a
decision on the Radar Tower to give the community interested in retaining the Radar Tower an
opportunity to raise funds for its preservation. Furthermore, the District’s Legislative, Funding,
and Public Affairs Committee met on March 5, 2013, June 4, 2013, and October 8, 2013 to
review the Partnership Guidelines for the Mount Umunhum Radar Tower, which were approved
by the full Board on January 8, 2014.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. Additional public notice was provided
to interested parties and Mount Umunhum Road neighbors.
CEQA COMPLIANCE
Three options for the Mount Umunhum Radar Tower, including the “Retain and Seal Option”,
were evaluated as part of the Environmental Impact Report (EIR) and Mitigated Monitoring Plan
(MMP) approved by the Board on October 17, 2012, for the Mount Umunhum Environmental
Restoration and Public Access Project in Sierra Azul Open Space Preserve (R-12-104).
NEXT STEPS
Pending Board approval of the recommendations, the General Manager would return at a later
date with a full scope of work and cost estimate for the longer-term repairs to the Radar Tower.
The General Manager would also work with the public and outside organizations to receive
funds raised for the Radar Tower.
Responsible Manager:
Stephen E. Abbors, General Manager
Prepared by:
Ana Ruiz, AICP, Assistant General Manager
page 1 of 5
CLAIMS REPORT
MEETING 16-13
DATE 06-08-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
72355 *10215 - CALPERS-FISCAL SERVICES DIVISION Monthly Employee Health Insurance 06/01/2016 153,274.57
72402 10094 - RESTORATION DESIGN GROUP, INC.Mt Um Summit Design & Project Management 06/01/2016 109,985.66
72306 11660 - CONTECH ENGINEERED SOLUTIONS, LLC 3 Pre-fabricated steel trail bridges - Mt Um Trail 05/25/2016 57,561.39
72290 11369 - BANK OF THE WEST COMMERCIAL CARD USA $15.00 Parking Fee 05/20/2016 42,095.69
$263.24 Waders for pond surveys and Wildlife Society membership 05/20/2016
$440.18 Office Supplies and Equipment AO 4 05/20/2016
$1,836.76 Rock for Mt Um Trail Steps, Camcorder for Bridges 05/20/2016
$119.00 Professional Membership & Training 05/20/2016
$2,628.62 SUPPLIES, PARTS AND TOOLS 05/20/2016
$302.95 Office Supplies and Parts 05/20/2016
$451.65 District Website services 05/20/2016
$107.66 Purchase Error - Credit to be given next statement 05/20/2016
$464.87 Re-key locks for rental residence 05/20/2016
$553.25 FIRE HOSE PACKS 05/20/2016
$308.28 Docent Training supplies; field microscope ; honorarium for FO tours 05/20/2016
$2,153.91 Newspaper Advertising - Mt Um Summit Request for Bids 05/20/2016
$106.11 Volunteer Supplies 05/20/2016
$982.08 Transcription, name badges, event shuttle, office supply 05/20/2016
$252.50 Open Space Council conference & County filing Fees 05/20/2016
$130.14 Field Supplies 05/20/2016
$138.03 Burn permit and mop 05/20/2016
$4,803.98 ISD Hardware, Monthly AO Internet, SPAM filtering 05/20/2016
$7,471.13 AO4 Furniture, Training, Conference, Mt Um Trail Materials 05/20/2016
$400.00 Registration for Int'l Right of Way Conference 05/20/2016
$1,364.56 Kitchen Supplies, GFOA Conference, Air Travel exp.05/20/2016
$1,438.62 Ofc. furniture & supplies, Radio/Vehicle Supplies 05/20/2016
$21.06 FFO Kitchen Supplies 05/20/2016
$130.99 Horse trough and equipment parts 05/20/2016
$108.62 Office Supplies 05/20/2016
$834.45 Event Shuttle Bus, Ads, Meetings, Software, Books 05/20/2016
$3,216.62 Event supplies, advertising, District Chamber Membership 05/20/2016
$391.46 Digital Recorder 05/20/2016
$813.17 Trails Conf. Travel, Office Supplies 05/20/2016
$1,093.08 Catering for Mindego Hill Event, ticket for BAOSC Conf 05/20/2016
$207.90 TRUCK FLOOR LINERS 05/20/2016
$1,331.28 Volunteer Training Program Supplies 05/20/2016
$453.95 Field Supplies 05/20/2016
$474.00 Training & Recruiting Expenses 05/20/2016
$57.02 Tractor Supplies 05/20/2016
$1,591.62 Postage, Ergo items, Training Supplies, SRE 2016 05/20/2016
$290.00 Ecological Restoration Conference 05/20/2016
$687.57 CSDA GM Leadership Summit & Board Mtg. Food 05/20/2016
$24.47 Keys Duplicated 05/20/2016
page 2 of 5
CLAIMS REPORT
MEETING 16-13
DATE 06-08-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
$1,288.29 Wireless headset with cables, board room equipment case 05/20/2016
$1.00 Alameda Superior Court Legal Research-Mt. Um 05/20/2016
$1,492.39 Docent, training, geocaching, event supplies, shuttle bus 05/20/2016
$607.50 BAOSC Registration, Meeting Facility rental 05/20/2016
$266.73 Office supplies 05/20/2016
72368 10137 - ESRI ArcGIS Server Enterprise Advanced (GIS software upgrade)06/01/2016 38,062.50
72397 11500 - POPULOUS, INC.Planning and Project Management - Bear Creek Redwoods & Stables Plan 06/01/2016 31,938.83
72348 *11152 - WELLINGTON PARK INVESTORS AO2, AO3, AO4 Rent - June 05/25/2016 25,012.00
72342 11618 - TRAIL PEOPLE Hwy 17 crossing conceptual design and feasibility study 05/25/2016 21,911.00
72341 11633 - TODD NICOLL FLOORS Carpet for AO 05/25/2016 17,805.00
72398 11519 - PRICE, POSTEL & PARMA LLP Mt.Um Road and Trail property rights - SA 06/01/2016 16,699.50
72308 *10218 - EDD Unemployment - quarter ending 03/31/16 05/25/2016 13,921.00
72334 *11230 - SANTA CLARA COUNTY-C/O UNITED ADMINISTRATIVE SERVI Monthly Employee Dental Insurance 05/25/2016 12,902.34
72395 11523 - PGA DESIGN, INC.Alma College Site Planning, LHC Sears Ranch Parking Design 06/01/2016 10,882.60
72324 *10180 - PG & E Electricity/gas 05/16, Install Temporary Electric Service on Mt Um ($1,200)05/25/2016 8,265.03
72382 10626 - KOFF & ASSOCIATES INC I.T. Classification & Compensation Study 2016 06/01/2016 7,320.00
72298 10013 - BOWERMAN ELECTRIC Install Electric Gate at SFO Driveway 05/25/2016 7,260.00
72351 11048 - ARC Large Format Plans printing for Mt Um Summit Project 06/01/2016 7,037.21
72415 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Employee monthly AD&D, LTD Insurance 06/01/2016 6,870.86
72400 11667 - R I ENGINEERING, INC.Skyline Field Office Driveway Repair Project 06/01/2016 6,566.25
72376 10222 - HERTZ EQUIPMENT RENTAL INC Excavator Rental - Mt Um Summit Project, 5711 La Honda Road 06/01/2016 6,172.81
72362 10540 - CRAFTSMEN PRINTING Postage for Mailing: Craftsmen Printing 06/01/2016 5,710.57
72407 11589 - SEAN M. TRACTOR AND TRUCKING Tunitas Creek equipment shed demolition 06/01/2016 5,200.00
72388 10190 - METROMOBILE COMMUNICATIONS Radio Installation, Repair, Reprogramming (5 units)06/01/2016 5,012.17
72367 11354 - ENVIRONMENTAL SCIENCE ASSOCIATES Stevens Creek Trail Bridges Engineering 06/01/2016 4,546.86
72343 10775 - TYLER TECHNOLOGIES (formerly NEW WORLD SYSTEMS)Consulting expenses - HR & Payroll modules 05/25/2016 4,262.36
72307 11624 - Directions Training Center, Inc.Instructional Design and LMS portal Training 05/25/2016 3,820.00
72297 10141 - BIG CREEK LUMBER CO INC Lumber for Mt Um Bridges Construction - SAU 05/25/2016 3,758.55
72406 10697 - SANDIS Mt Um Road Design Engineering Peer Review 06/01/2016 3,470.00
72335 *10580 - SHARP BUSINESS SYSTEMS Sharp Print Services 05/25/2016 3,447.58
72322 11129 - PETERSON TRUCKS INC.M29 Vehicle Service / Repairs 05/25/2016 3,432.41
72420 11388 - WAGNER & BONSIGNORE Water Rights Reporting - LHC 06/01/2016 3,371.25
72331 10250 - RURAL PIG MANAGEMENT INC Pig trapping - Mindego Hill 05/25/2016 3,360.00
72371 11159 - FIREWHAT.COM 2016 Wildland Fire Refresher Training 06/01/2016 3,360.00
72337 11651 - STRATEGIC PRODUCTS & SERVICES, LLC MS Outlook Migration - Milestone 1 - Complete 05/25/2016 3,285.00
72313 10889 - GROSSMANN DESIGN GROUP Mt Um Radar Tower Interim Repair Project Management - SAU 05/25/2016 3,250.00
72375 11501 - HARRIS DESIGN Fremont Older Parking Safety Project Design & Management 06/01/2016 2,975.00
72421 *10527 - WASTE MANAGEMENT Disposal Services (SA-MT UM)06/01/2016 2,972.31
72422 11561 - AM PARTY RENTALS EQUIPMENT RENTALS FOR COOLEY LANDING EVENT 2,882.20
72389 10031 - MILLS DESIGN Graphic Design Work - LR, SA, SG, Mt Um, Wing Ding 06/01/2016 2,845.00
72408 10447 - SIMMS PLUMBING & WATER EQUIPMENT Annual service for hot water heaters at rental residences, Install Filter - RR 06/01/2016 2,812.17
72365 11420 - DOUG EDWARDS Brush Removal at TunitasCreek 06/01/2016 2,470.00
72399 10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 06/01/2016 2,383.34
page 3 of 5
CLAIMS REPORT
MEETING 16-13
DATE 06-08-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
72413 10583 - TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet (05/2016)06/01/2016 2,168.02
72349 Alex Ross Return of security deposit 1185 Skyline Blvd 05/25/2016 2,150.00
72363 *10032 - DEL REY BUILDING MAINTENANCE May Services and Supplies 06/01/2016 2,124.70
72344 *11003 - UNITED ADMINISTRATIVE SERVICES Monthly Employee Life Insurance 05/25/2016 2,040.68
72356 10464 - CITY OF FOSTER CITY CalOpps.org annual Fee 2016 - HR 06/01/2016 2,000.00
72357 11537 - CLIENTFIRST TECHNOLOGY CONSULTING IT Firewall Consulting, Configured & Installed 4 Firewalls / 4 Sites 06/01/2016 1,875.00
72338 10143 - SUMMIT UNIFORMS Body armor for staff 05/25/2016 1,758.48
72316 10058 - LIEBERT CASSIDY WHITMORE Human Resources Consulting 05/25/2016 1,748.50
72295 *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Peak 05/25/2016 1,735.00
72396 *10212 - PINNACLE TOWERS INC Tower rental - Crown communication site id 871823 06/01/2016 1,680.21
72410 10152 - TADCO SUPPLY Janitorial Supplies (RSA&CP)06/01/2016 1,595.91
72303 10352 - CMK AUTOMOTIVE INC P104 Service / Repair 05/25/2016 1,577.42
72320 10076 - OFFICE TEAM Temporary Clerical Support - V.Arellanes 05/25/2016 1,394.40
72390 11600 - MNS ENGINEERS INC.BCR Water System Consulting 06/01/2016 1,387.50
72364 11058 - DIAMOND CRANE COMPANY, INC.Well pump repair at rental residence - PCR 06/01/2016 1,382.26
72296 11460 - ASBESTOS MANAGEMENT GROUP OF CALIFORNIA Mt Um Hazmat Removal - Retainage Release 05/25/2016 1,360.04
72352 11430 - BIOMAAS Harkins bridge woodrat surveys- PCR 06/01/2016 1,320.00
72386 11664 - LSQ FUNDING GROUP LC Temporary HR Staffing week ending 5/08/16, 5/15/16 06/01/2016 1,234.88
72419 *10213 - VISION SERVICE PLAN-CA Employee Monthly Vision Insurance 06/01/2016 1,179.29
72304 *10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 05/25/2016 1,172.00
72393 10076 - OFFICE TEAM Temp AO Receptionist - week ending 5/06/16 06/01/2016 1,106.70
72392 10160 - OFFICE DEPOT CREDIT PLAN Office & break room supplies 06/01/2016 1,080.54
72379 11569 - JOHNSON, STEVEN Reimbursement for approved mileage for Ranger Academy 06/01/2016 996.84
72347 11653 - VALENTIN LOPEZ Speaker Fee for Mt Um Media Day 05/25/2016 950.00
72345 10403 - UNITED SITE SERVICES INC Sanitation Service (FOOSP), SA 05/25/2016 781.64
72315 11376 - LAND TRUST OF SANTA CRUZ COUNTY Hwy 17 - Wildlife connectivity study 05/25/2016 760.00
72378 10707 - INNERWORKINGS Parking Citation Book Printing 06/01/2016 758.89
72333 11224 - SANTA CLARA COUNTY - COMMUNICATIONS DEPT Radio repeater repairs 05/25/2016 750.00
72359 10021 - COASTAL CHIMNEY SWEEP Chimney sweep at 5 rental residences - LHC, PCR, SR 06/01/2016 750.00
72384 11099 - LAW ENFORCEMENT PSYCHOLOGICAL SERVICES INC Psychological Evaluations (qty 2) - HR 06/01/2016 750.00
72394 *10180 - PG & E Electricity/gas 05/16 06/01/2016 731.79
72312 *11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)05/25/2016 597.54
72336 10302 - STEVENS CREEK QUARRY INC Drain Rock 05/25/2016 584.35
72309 10038 - ERGO VERA Ergonomic Evaluations 05/25/2016 561.00
72326 10265 - PRIORITY 1 Laptop mount in vehicle 05/25/2016 528.61
72325 11500 - POPULOUS, INC.Madonna Creek Ranch Stables Plan - MR 05/25/2016 500.00
72339 10152 - TADCO SUPPLY Janitorial Supplies SA, RSA 05/25/2016 493.22
72330 11479 - ROOTID Rootid: Website Maintenance 05/25/2016 486.00
72300 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (FFO)05/25/2016 468.48
72417 10403 - UNITED SITE SERVICES INC Restroom rental at Mindego 06/01/2016 462.12
72317 10189 - LIFE ASSIST First Aid Supplies 05/25/2016 444.13
72327 *10261 - PROTECTION ONE Alarm service - AO2, AO3, AO4 05/25/2016 413.01
72346 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services - HR 05/25/2016 403.00
page 4 of 5
CLAIMS REPORT
MEETING 16-13
DATE 06-08-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
72360 11309 - CONSERVATION COLLABORATIVE Programmatic Consultation for District-wide Integrated Pest Management Pgm 06/01/2016 390.00
72385 11392 - LENNIHAN LAW Water Rights Legal Consulting - San Gregorio 06/01/2016 381.60
72301 10323 - CARPENTER RIGGING OF SAN JOSE Rigging Sling (SA-MT UM)05/25/2016 378.45
72340 10146 - TIRES ON THE GO Replace tires 05/25/2016 364.23
72350 11670 - AMERICAN DEBRIS BOX SERVICE, INC.Debris box for house remodel - ECM 06/01/2016 350.00
72323 10209 - PETTY CASH-MROSD SFO petty cash reimbursement 05/25/2016 336.05
72310 10169 - FOSTER BROTHERS SECURITY SYSTEMS Integrated Pest Management supplies - locks 05/25/2016 332.12
72373 10168 - G & K SERVICES INC Shop Towel Service (FFO & SFO)06/01/2016 315.36
72401 10176 - RE BORRMANN'S STEEL CO Steel (SA-MT UM)06/01/2016 307.88
72319 10031 - MILLS DESIGN Graphic Design - Mindego 05/25/2016 300.00
72380 11524 - KEITH LUBLINER Return of refundable deposit 06/01/2016 300.00
72305 11628 - CONFLUENCE Writing: Linda Craig Proclamation 05/25/2016 275.00
72302 10014 - CCOI GATE & FENCE Gate Service (RSACP), (SAO)05/25/2016 266.42
72311 10187 - GARDENLAND POWER EQUIPMENT Equipment Supplies 05/25/2016 248.14
72369 11151 - FASTENAL COMPANY Field Supplies 06/01/2016 235.64
72372 10169 - FOSTER BROTHERS SECURITY SYSTEMS Locks 06/01/2016 232.29
72381 11315 - KIM, AMANDA Mileage Reimbursement 06/01/2016 230.96
72405 11429 - SAN MATEO COUNTY PARKS DEPARTMENT Magnetic Sign Board Printing 06/01/2016 224.85
72374 *10173 - GREEN WASTE Monthly Garbage Service 06/01/2016 223.40
72358 10352 - CMK AUTOMOTIVE INC M213 Vehicle Service 06/01/2016 203.80
72418 *10309 - VERIZON WIRELESS Cell Phone Service 06/01/2016 197.42
72354 *10454 - CALIFORNIA WATER SERVICE CO-949 AO WATER 06/01/2016 185.56
72299 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water services at rental residences 05/25/2016 181.54
72370 10186 - FEDERAL EXPRESS Shipping charges 06/01/2016 166.92
72404 10130 - ROESSLER, CINDY Society of Ecological Restoration conference expenses 06/01/2016 135.50
72314 10421 - ID PLUS INC Staff name tags 05/25/2016 128.00
72292 10259 - LENINGTON, KIRK Lunch for interview panelists 05/20/2016 127.81
72321 10253 - PETERSON TRACTOR CO Tractor Supplies 05/25/2016 118.71
72318 10190 - METROMOBILE COMMUNICATIONS Install radio mic holder 05/25/2016 111.13
72409 11671 - STATE WATER RESOURCES CONTROL BOARD Change of Information Request Fee - Mt Um Road 06/01/2016 109.50
72411 11668 - TAIWANESE CULTURAL AND SPORTS ASSOCIATION Educational booth fee for Kids festival 06/01/2016 100.00
72412 11668 - TAIWANESE CULTURAL AND SPORTS ASSOCIATION Deposit for Kids festival: REFUNDABLE 06/01/2016 100.00
72291 10181 - BANKOSH, MICHAEL Reimbursement CA Invasive Plant Council Conference 05/20/2016 94.44
72414 10162 - TERMINIX PROCESSING CENTER Pest control for 5/18/16 06/01/2016 77.00
72416 10561 - ULINE Concrete Preserver (SA-MT UM)06/01/2016 76.44
72329 10176 - RE BORRMANN'S STEEL CO Sign Supplies 05/25/2016 76.09
72332 11059 - SAN MATEO COUNTY HEALTH DEPT Tick Testing 05/25/2016 75.00
72391 11270 - MUNICIPAL MAINTENANCE EQUIPMENT, INC.Mower Parts 06/01/2016 69.16
72366 11596 - ELECTRO IMAGING SYSTEMS INC.Plotter Printing Supplies 06/01/2016 68.57
72353 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water / Windy Hill 06/01/2016 53.46
72383 11527 - LA HONDA EDUCATIONAL FOUNDATION Educational Booth Fee for La Honda Fair 06/01/2016 50.00
72403 *11426 - RIDGE WIRELESS INC.FFO Internet Access - May 2016 06/01/2016 50.00
72377 10421 - ID PLUS INC Staff name tags 06/01/2016 46.50
page 5 of 5
CLAIMS REPORT
MEETING 16-13
DATE 06-08-2016
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
72361 11180 - COPY FACTORY Printing of legislative luncheon invitation 06/01/2016 44.86
72387 11366 - MADE BY TESS EMBROIDERY Sample clothing item for District apparel 06/01/2016 30.17
72328 *10134 - RAYNE OF SAN JOSE Water Service (FOOSP)05/25/2016 26.25
GRAND TOTAL 736,809.38$
*Annual Claims
**Hawthorn Expenses
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill
ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle
R-16-72
Meeting 16-12
June 8, 2016
AGENDA ITEM 2
AGENDA ITEM
Call District Elections in Wards 3, 4, and 7 and Request Election Consolidation Services from
Santa Clara and San Mateo Counties
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – Santa Clara
County, Wards 3 and 4.
2. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District calling an election and requesting election consolidation services – San Mateo
County, Ward 7.
3.Reconfirm Board Policy 1.07 (Board Elections) regarding a maximum of 200 words per
candidate statement and payment of candidates’ statements and, if required by the respective
county, translations of candidates’ statements pursuant to the Elections Code of the State of
California, in those wards where two or more candidates have qualified to appear on the
ballot.
4. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space
District authorizing not listing any unopposed candidate for election on the November 8,
2016 ballots of Santa Clara and San Mateo Counties.
DISCUSSION
The Midpeninsula Regional Open Space District will hold a District election on November 8,
2016 for the purpose of filling elective offices for Board of Directors seats for Wards 3, 4, and 7.
Pursuant to state election code, the Board must adopt resolutions calling the election and request
election consolidation services from Santa Clara and San Mateo Counties. The resolutions
specify the Counties’ responsibilities throughout the filing and election process.
The nomination period for the election will open on Monday, July 18, 2016 and close on Friday,
August 12, 2016. If an incumbent who is eligible fails to file for re-election by August 8th, the
voters have until 5:00 p.m. on Wednesday, August 17, 2016 to nominate candidates other than
the incumbent.
If the consolidation of election services with other legislative districts within the Counties is
approved, the District’s responsibilities will include: issue, receive and process candidate
nomination papers and statements; forward candidates’ statements to the appropriate county for
translation, printing and mailing to the voters; forward any vote by mail applications and write-in
R-16-72 Page 2
declarations received by the District Clerk to the Registrar of Voters; and publish notices of
election, nominees and polling places.
Three of the District’s seven wards are scheduled for election during the November 8, 2016
General Election. These wards and their current Directors are:
Payment of Candidates’ Statement
The District Clerk must also relay to the Registrar of Voters in each County the Board’s policy
regarding payment of candidates’ statements and number of words to be included in each
statement. Board Policy 1.07 Board Elections of the Board Policy Manual states:
“In those wards where two or more candidates have qualified to appear on the ballot, a
candidate may file a candidate’s statement, not exceeding 200 words. The District will pay for
the cost of the statements, and, if required by the respective county, translations of candidates’
statements pursuant to the Elections Code of the State of California, and no such candidate shall
be billed for availing himself or herself of these services.”
Candidates Running Unopposed
Board Policy 1.07 (Board Elections) reads: “In the case where there is a single candidate
qualified to appear on the ballot, such candidate shall not be permitted to have his or her name
on the ballot (Public Resources Code Section 5532 (e)). If such unopposed candidate requests
that his or her candidate’s statement be included in official election material distributed to
voters, the District shall bill such candidate for the cost thereof, including costs related to any
required translation.”
The Board may also adopt a resolution confirming this portion of Board Policy 1.07 and Public
Resources Code §5532 (e), which will notify Santa Clara and San Mateo Counties to not list any
unopposed candidates on the ballot, and the unopposed, qualified candidates will be appointed to
the Board of Directors at the first regular or special meeting after the date upon which the
election would have been held. The person appointed shall qualify and take office and serve
exactly as if elected for the office.
FISCAL IMPACT
The District’s FY2016-17 Budget reserved $120,000 for this election based upon the history of
election expenditures for contested seats over the past decade. In the event that multiple seats
are contested, funds will be reallocated during mid-year budget review to cover the increased
election costs.
WARD GENERAL DESCRIPTION INCUMBENT
3 City of Sunnyvale Director Jed Cyr
4 Cities of Los Altos and Mountain View Director Curt Riffle
7 Cities of El Granada, Half Moon Bay, Montara, Moss
Beach, Redwood City, San Carlos, Woodside
Director Cecily Harris
R-16-72 Page 3
BOARD COMMITTEE REVIEW
Committee review is not required for this agenda item.
PUBLIC NOTICE
Public notice was provided as required by 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 STEP
Upon approval of the General Manager’s recommendations, staff will submit the adopted
resolutions, maps of District boundaries and other required documents to Santa Clara and San
Mateo Counties to receive consolidated election services for the November 8, 2016 General
Election.
Attachments:
1. Resolution Request for and Consent to Consolidation of Elections - Santa Clara County
2. Resolution Request for and Consent to Consolidation of Elections - San Mateo County
3. Resolution Authorizing Not Listing Any Unopposed Candidates for Election on the
November 8, 2016 Santa Clara County and San Mateo County County Ballots
4. Maps showing Ward Boundaries for Wards 3, 4, and 7
Responsible Manager:
Steve Abbors, General Manager
Prepared by:
Jennifer Woodworth, District Clerk
Resolutions/2016/R-16-__/Call Election_Santa Clara County 1
RESOLUTION NO. 16-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT REQUEST FOR AND CONSENT TO
CONSOLIDATION OF ELECTIONS – SANTA CLARA COUNTY
WHEREAS, a Biennial District General Election has been ordered to be held on
Tuesday, November 8, 2016, in the Midpeninsula Regional Open Space District (District) of
Santa Clara County (County) for the purpose of electing two Directors (Wards 3 and 4) of the
Board of Directors of the District; and
WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code,
such election may be either completely or partially consolidated; and
NOW, THEREFORE, BE IT RESOLVED
SECTION 1. That the Board of Directors of the Midpeninsula Regional Open Space
District calls for an election to be held on November 8, 2016, and requests the Board of
Supervisors of Santa Clara County to completely consolidate the election with the statewide
election.
SECTION 2. That the Board of Directors of the Midpeninsula Regional Open Space
District requests that the Board of Supervisors of Santa Clara County to hold and conduct the
election in the manner prescribed in Section 10418 of the Election Code of the State of
California and to further provide that the Registrar of Voters canvass the returns of the election.
SECTION 3. That pursuant to Section 10508 of the Election Code of the State of
California, said officers are to selected by division;
SECTION 4. That the divisions, if any from which said directors are to be elected, and
the number of offices to filled from each, are:
Ward 3 One Office
Ward 4 One Office
SECTION 5. That pursuant to Section 10514 of the Election Code of the State of
California, the qualifications for election to said offices, as prescribed by the principal act, are:
Directors shall be residents and electors of the wards or subdistricts from which
they are nominated.
SECTION 6. That pursuant to Section 10520 of the Election Code of the State of
California, each district involved in a district general election in an affected county shall
reimburse the county for the actual costs incurred by the county elections official in conducting
the district general election for that district.
SECTION 7. That the candidates’ statements of qualifications hall be limited to 200
words; that the cost of printing, translating and distributing said statements shall be borne by the
ATTACHMENT 1
Resolutions/2016/R-16-__/Call Election_Santa Clara County 2
district who file such statements, and that each candidate who files such a statement shall not be
required to pay in advance his or her pro rata share of the estimated costs of printing, handling,
and mailing said candidate statement, such as estimated costs to be determined by the Registrar
of Voters.
SECTION 8. That pursuant to Section 10522 of the Election Code of the State of
California, a current map showing the boundaries of the district and the boundaries of the
divisions of the district is herewith submitted.
SECTION 9. That pursuant to Section 10551 and 15651 of the Election Code of the
State of California, the method of determining the winner or winners in the event of a tie vote
shall be by lot.
SECTION 10. That the names of all current Board Members and date each term ends
are:
J ed Cyr Term ending November 2016
Curt Riffle Term ending November 2016
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2016, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the
above is a true and correct copy of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and
called on the above day.
District Clerk
Resolutions/2016/R-16-__/Call Election_San Mateo County 1
RESOLUTION NO. 16-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT REQUEST FOR AND CONSENT TO
CONSOLIDATION OF ELECTIONS – SAN MATEO COUNTY
WHEREAS, a Biennial District General Election has been ordered to be held on
Tuesday, November 8, 2016, in the Midpeninsula Regional Open Space District (District) of San
Mateo County (County) for the purpose of electing one Director (Ward 7) of the Board of
Directors of the District; and
WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code,
such election may be either completely or partially consolidated; and
NOW, THEREFORE, BE IT RESOLVED
SECTION 1. That the Board of Directors of the Midpeninsula Regional Open Space
District calls for an election to be held on November 8, 2016, and requests the Board of
Supervisors of San Mateo County to completely consolidate the election with the statewide
election.
SECTION 2. That the Board of Directors of the Midpeninsula Regional Open Space
District requests that the Board of Supervisors of San Mateo County to hold and conduct the
election in the manner prescribed in Section 10418 of the Election Code of the State of
California and to further provide that the Registrar of Voters canvass the returns of the election.
SECTION 3. That pursuant to Section 10508 of the Election Code of the State of
California, said officers are to selected by division;
SECTION 4. That the divisions, if any from which said directors are to be elected, and
the number of offices to filled from each, are:
Ward 7 One Office
SECTION 5. That pursuant to Section 10514 of the Election Code of the State of
California, the qualifications for election to said office, as prescribed by the principal act, are:
Directors shall be residents and electors of the wards or subdistricts from which
they are nominated.
SECTION 6. That pursuant to Section 10520 of the Election Code of the State of
California, each district involved in a district general election in an affected county shall
reimburse the county for the actual costs incurred by the county elections official in conducting
the district general election for that district.
SECTION 7. That the candidates’ statements of qualifications hall be limited to 200
words; that the cost of printing, translating and distributing said statements shall be borne by the
district who file such statements, and that each candidate who files such a statement shall not be
ATTACHMENT 2
Resolutions/2016/R-16-__/Call Election_San Mateo County 2
required to pay in advance his or her pro rata share of the estimated costs of printing, handling,
and mailing said candidate statement, such as estimated costs to be determined by the Registrar
of Voters.
SECTION 8. That pursuant to Section 10522 of the Election Code of the State of
California, a current map showing the boundaries of the district and the boundaries of the
divisions of the district is herewith submitted.
SECTION 9. That pursuant to Section 10551 and 15651 of the Election Code of the
State of California, the method of determining the winner or winners in the event of a tie vote
shall be by lot.
SECTION 10. That the names of all current Board Members and date each term ends
are:
Cecily Harris Term ending November 2016
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2016, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the
above is a true and correct copy of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and
called on the above day.
District Clerk
Resolutions/2016/R-16-__/Unopposed Candidates 1
RESOLUTION NO. 16-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY
UNOPPOSED CANDIDATES FOR ELECTION ON THE NOVEMBER 8, 2016
BALLOTS OF SAN MATEO COUNTY, SANTA CLARA COUNTY, AND SANTA CRUZ
COUNTY
WHEREAS, the District Board Policy Manual states that the Board of Directors shall
not permit unopposed candidates to have their names appear on the ballot.
NOW, THEREFORE BE IT RESOLVED, that the Board of Directors of the
Midpeninsula Regional Open Space District has hereby determined through Board Policy 1.07,
Board Elections, not to list the unopposed candidates for election on the November 8, 2016
ballots of Santa Clara and San Mateo Counties.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2016, at a Regular Meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the
above is a true and correct copy of a resolution duly adopted by the Board of Directors of the
Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and
called on the above day.
District Clerk
ATTACHMENT 3
85
82
237
Su nnyv a l e
Fremont
Sheraton
Po
m
e
S A N T A C L A R A
C O U N T Y
A L A M E D A
C O U N T Y
101
Central
Kifer
La
w
r
e
n
c
e
Evely
n
Ma
t
h
i
l
d
a
Tasman
Be
r
n
a
r
d
o
Wo
l
f
e
Fa
i
r
o
a
k
s
Reed
Remington
Ho
l
l
e
n
b
e
c
k
Duane
Java
Caribbea
n
Pa
s
t
o
r
i
a
Su
n
n
y
v
a
l
e
S
a
r
a
t
o
g
a
Oa
k
m
e
a
d
Old San Francisco
S U N N Y V A L E
SA N T A C L A R A
M O U N T A I N V I E W
L O S A L T O S
P A L O A L T O
UNI NC ORP OR ATE D
SA NTA C LAR A C O UN TY
UNI NC ORP OR ATE D
SA NTA C LAR A C O UN TY
Pa
t
h
:
G
:
\
P
r
o
j
e
c
t
s
\
$
D
i
s
t
r
i
c
t
w
i
d
e
\
R
e
d
i
s
t
r
i
c
t
i
n
g
2
0
1
1
\
A
_
P
r
o
p
o
s
e
d
S
c
e
n
a
r
i
o
\
m
x
d
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
m
a
p
s
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
3
.
m
x
d
Cr
e
a
t
e
d
B
y
:
a
r
o
a
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
Private Property
Watershed Land
Other Public Agency
Other Protected Open
Space or Park Lands
Midpeninsula Regional
Open Space District
October, 2011
0 10.5
Miles
(MROSD)
WARD 3
County Boundary
MROSD Boundary
MROSD Open
Space Preserves
S.F.
Bay
SanJose
Pacific
Ocean
3
1
7
6
5
4
2
Ward 3 Boundary
Stevens Creek Shoreline
Nature Study Area
City Limit
NASA
Ames
Research
Center
Moffett Field
Golf Course
Moffett Air
Field
85
85
R
a
n
c
h
o
S
a
n
A
n
t
o
n
i
o
280
82
82
101
Fo
o
t
h
i
l
l
Cent
r
a
l
Middlefi
e
l
d
Sa
n
A
n
t
o
n
i
o
Sh
o
r
e
l
i
n
e
Gr
a
n
t
Sp
r
i
n
g
e
r
Mi
r
a
m
o
n
t
e
El M
o
n
t
e
Ren
g
s
t
o
r
f
f
Moffe
t
t
Cas
t
r
o
Edith
Garcia
Old Middlefield
Amphitheatre
Clark
S A N T A C L A R A
C O U N T Y
A L A M E D A
C O U N T Y
S A N M A T E O
C O U N T Y
SU NN Y V A L E
PA L O AL T O
MO U N T AI N V I E W
LO S AL T O S
LO S A L T O S H I L L S
C UP E R T I N O
E AS T P A LO A L T O
MEN LO P ARK
UNI NC OR POR ATE D
SA NTA C LA RA CO UN TY
UNI N C O R PO R AT E D
SA N T A C L A R A C OU NT Y
UNI N C O R PO R AT E D
SA N T A C L A R A C OU NT Y
Pa
t
h
:
G
:
\
P
r
o
j
e
c
t
s
\
$
D
i
s
t
r
i
c
t
w
i
d
e
\
R
e
d
i
s
t
r
i
c
t
i
n
g
2
0
1
1
\
A
_
P
r
o
p
o
s
e
d
S
c
e
n
a
r
i
o
\
m
x
d
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
m
a
p
s
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
4
.
m
x
d
Cr
e
a
t
e
d
B
y
:
a
r
o
a
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
Private Property
Other Public Agency
Other Protected Open
Space or Park Lands
Midpeninsula Regional
Open Space District
October, 2011
0 10.5
Miles
(MROSD)
WARD 4
County BoundaryMROSD Open
Space Preserve
S.F.
Bay
SanJosePacific
Ocean
4
1
7
6
5
2
3
Ward 4 Boundary
St
e
v
e
n
s
C
r
e
e
k
S
h
o
r
e
l
i
n
e
Na
t
u
r
e
S
t
u
d
y
A
r
e
a
NASA
Ames
Research
Center
Shoreline
Lake Shoreline at
Mountain View Park
City Limit
MROSD Boundary
Wind
y
H
i
l
l
Arastradero
Preserve
El C
o
r
t
e
d
e
Mad
e
r
a
C
r
e
e
k
Stanford
Lands
Jasper
Ridge
Wunderlich
Park
CA Water
Service
Te
a
g
u
e
H
i
l
l
Tu
n
i
t
a
s
Cr
e
e
k
Pu
r
i
s
i
m
a
Cr
e
e
k
Re
d
w
o
o
d
s
Huddart Park
(San Mateo County)
Pul
g
a
s
Ridg
e
Mi
r
a
m
o
n
t
e
s
Ridg
e
Burleigh H. Murray
Ranch State ParkJohnston Ranch
POST
Madonna Creek
Ranch POST
Purisima
Farms
35
35
35
35
92
92
1
1
84
101
82
280
280
82Rancho Corral
de Tierra
POST
Montara
State Park
RED W OO D C IT Y
S A N T A C L A R A
C O U N T Y
1
Jeff
e
r
s
o
n
Tunit
a
s
C
r
e
e
k
Va
l
o
t
a
Sto
c
k
b
r
i
d
g
e
Roos
e
v
e
l
t
Sain
t
F
r
a
n
c
i
s
St
a
f
f
o
r
d
S A N M A T E O
C O U N T Y
A L A M E D A
C O U N T Y
Felt Lake
Lagunita
Searsville Lake
Bear
Gulch
Reservoir
R E D W O O D C I T Y
F O S T E R C I T Y
SA N M A T E O
W O O D S I D E
M E N L O P A R K
P A C I F I C A
B E L M O N T
A T H E R T O N
SA N C A R L O S
B U R L I N G A M E
H I L L S B O R O U G H
H A L F M O O N B A Y
M I L L B R A E
P O R T O L A V A L L E Y
E A S T P A L O A L T O
SA N B R U N O
W O O D S I D E
L O S A L T O S H I L L S
U N I N C O R P O R A T E D
U N I N C O R P O R A T E D
SA N M A T E O C O U N T Y
U N I N C O R P O R A T E D
Pa
t
h
:
G
:
\
P
r
o
j
e
c
t
s
\
$
D
i
s
t
r
i
c
t
w
i
d
e
\
R
e
d
i
s
t
r
i
c
t
i
n
g
2
0
1
1
\
A
_
P
r
o
p
o
s
e
d
S
c
e
n
a
r
i
o
\
m
x
d
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
m
a
p
s
\
a
p
p
r
o
v
e
d
_
w
a
r
d
_
7
.
m
x
d
Cr
e
a
t
e
d
B
y
:
a
r
o
a
While the District
strives to use the
best available
digital data, this
data does not
represent a legal
survey and is
merely a graphic
illustration of
geographic
features.
Midpeninsula Regional
Open Space District
October, 2011
0 21
Miles
(MROSD)
WARD 7
Pacific
Ocean
S.F.
Bay
SanJosePacific
Ocean 6
1
7
2
5 4 3
PA
C
IFIC
O
C
E
A
N
MROSD Conservation
or Agricultural Easement
Ward 7 Boundary
MROSD Open
Space Preserve
Other Protected Open
Space or Park Lands
Land Trust
Other Public Agency
Watershed Land
Private Property
Management Agreement
City Limit
County Boundary
MROSD Boundary
R-16-73
Meeting 16-13
June 8, 2016
AGENDA ITEM 3
AGENDA ITEM
Selection of outside consultants to comprise the District Bond Team and Approval of Proposed
Financing Schedule
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manger to enter into the following Agreements related to the District’s
Bond Team, formed to initially assist the District with the anticipated August 2016 financing,
and then extending advisement services for a term of up to six years (three years, with one
three-year renewal at the option of the District):
Role Selected Firm Dollar Value of Contract
Bond Counsel Orrick $230,000
Disclosure Counsel Schiff, Hardin, LLP $70,000
Financial Advisor Backstrom McCarley, Berry
& Co., LLC $130,000
Underwriter Services Morgan Stanley This contract may come
forward in the form of a
Bond Purchase Agreement
at time of a negotiated Bond
Refunding, but anticipated
to be approximately
$145,000 paid as Cost of
Issuance from Bond
Proceeds.
2. Authorize the General Manger to direct staff to take the actions described in the Proposed
Schedule for the 2016 Refunding of the Financing Authority’s Series 2007A Revenue
Refunding Bonds, so as to obtain significant future cash savings.
SUMMARY
Approval of the first recommendations will allow the District to form a Bond Team that will
initially conduct the 2016 Refunding of the 2007 Bonds, and will continue to advise the District
for the next three years with one three-year renewal at the sole discretion of the District. The goal
of this longer term Agreement is to assist the District in setting up a robust debt program,
incorporating industry best practices, and to provide the District with business continuity and
strategic planning with respect to the capital program. The dollar values for these contracts have
been arrived at by contemplating the fees associated with the 2016 Refunding of the 2007 Bonds
R-16-73 Page 2
and one General Obligation (GO) ‘new money’ bond in three years and adding 10% to allow
funding for special projects related to the District’s overall financial strategy. Note that the form
of the Agreement with the Underwriter will be a Bond Purchase Agreement, which will be
finalized through the 2016 Refunding transaction, with the term through the closing of the deal
and rates and payment completed as part of the Cost of Issuance from Bond Proceeds, and
anticipated with respect to current market conditions to be approximately $145,000.
Approval of the second recommendations will allow the District to begin the approximately
three-month process of coming to market with the 2016 Refunding Bonds, including working
with the Financial Advisor, in concert with the Underwriter, to develop a Plan of Finance that
will be advantageous to the District, in the context of the current market.
MEASURE AA
These contracts support Measure AA by engaging firms that will provide professional
advisement services to the District regarding debt issuance strategy and implementation within
the authority established by Measure AA, create the documents required to comply with SEC
regulations, and yield a bond sale with terms that will be advantageous to the District and
District taxpayers. The term of the Agreement is anticipated to span at least one refunding or one
GO ‘new money’ bond issuance, and ongoing advisement related to MAA and other financing
strategies would continue throughout the term.
The 2016 Refunding transaction will not be related to Measure AA, as this will refund revenue
bonds issued prior to the passage of MAA, and is under the authorization of the District’s
Financing Authority.
DISCUSSION
The Procurement Process for the Bond Team
The District embarked upon a procurement process to secure proposals for professional
services to fill various external roles of the Bond Team including Bond Counsel,
Disclosure Counsel, Financial Advisor, and Underwriter. Approval of these
recommendations will allow the General Manager to enter into agreements with the
selected firms, which will position the District with a strong Bond Team.
Requests for Proposals (RFPs) for each category were posted to the District Website from
March 23, 2016 until closing on April 11, 2016. The District received a strong response
for the procurement with a total of 26 proposals received among the four RFPs.
Proposals were evaluated by a team of internal Subject Matter Experts (SMEs) who
narrowed the field of candidate firms. The three most qualified candidates for each RFP
were interviewed and the selection made upon consensus of the SME team.
Proposed Schedule for the 2016 Refunding
The following information provides the context and rationale for conducting a Refunding
of the 2007 Bonds. The Financing Authority issued $59.2 million of revenue bonds in
January 2007, with repayment beginning in 2008 and scheduled to complete in 2027.
The current outstanding balance of the 2007 Revenue Bonds is $47.3 million. These
bonds were issued at a true interest cost of 4.38%. The bond documents allow
redemption, without penalty, on any March 1 or September 1, on or after September 1,
R-16-73 Page 3
2016. Interest rates for municipal bonds have fallen to near historic lows, providing an
opportunity to achieve significant savings on future debt service.
To bring this bond issue to market at the most advantageous time with respect to the
covenants of the 2007 Revenue Refunding Bonds, an aggressive schedule is being
proposed:
Proposed Schedule for completion of the issuance of the 2016 Refunding
Board approves contracts with the financing team June 8
Circulation of all first draft documents, including POS June 22
All-Hands Meeting on first draft documents June 24
Second draft documents circulated June 29
Transmit documents to rating agencies July 1
Rating agency presentations July 6-11
Ratings received July 22
Board/Financing Authority approval of documents July 27++
Pricing August 24
Closing By or before August 31, 2016
FISCAL IMPACT
Recommendation #1: The professional services fees incurred by the Bond Counsel, Disclosure
Counsel, Financial Advisor, and Underwriter, which are associated with the issuance of bonds
are considered to be within the Cost of Issuance on the transaction, which is paid by bond
proceeds at the close of the transaction. Therefore, these costs would not be charged to the
District’s financial accounts. Work done by these professional advisors outside of the
transaction, such as special projects related to District financial strategy, may be charged to the
appropriate District fund, as applicable, and are not anticipated to exceed 10% of the total
contract values.
3. Recommendation #2: Based on current market conditions, it is estimated that the 2007
Revenue Bonds may be refinanced at a True Interest Cost in the less than 2% range, and
redeemed on September 1, 2016. The estimated future savings should exceed $8.5
million, or $770,000 per year for the next eleven years. The present value savings are
estimated to exceed $7.5 million.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If authorized by the Board, Agreements for Professional Services will be executed, completing
the external Bond Team roles of Bond Counsel, Disclosure Council, Financial Advisor for up to
five years. The Underwriter, however, will be engaged specifically for the issuance of the 2016
R-16-73 Page 4
Bond, which may culminate in a Bond Purchase Agreement with Morgan Stanley (assuming
negotiated bond sale), and which will come before the Financing Authority and the Board in
August 2016. Together with internal Bond Team roles of General Manager, CFO, General
Counsel, and Controller, this group of professionals will complete the District’s Bond Team.
On or about August 24, 2016, the Chief Financial Officer will convene a meeting of the
Financing Authority to seek authorization to refund the 2007 bonds, approve the issuance of the
2016 Refunding Bonds and approve the related documents. An accompanying Board Report will
also be presented during a regular meeting of the Board of Directors to finalize documentation
and authorize the selling of the bonds, including a Resolution Authorizing the Issuance of the
Bonds, approving the Official Statement, in addition to other matters related to the financing.
Responsible Department Head:
Stefan Jaskulak, CFO
Prepared by:
Lisa Tulee, Senior Management Analyst, General Manager’s Office
Contact person:
Stefan Jaskulak, CFO
R-16-74
Meeting 16-13
June 8, 2016
AGENDA ITEM 4
AGENDA ITEM
Proposed Purchase of the Fox Creek Fund, LLC (Barth) property as an addition to Sierra Azul
Open Space Preserve located off of Hicks Road in unincorporated Santa Clara County
(Assessor’s Parcel Number 575-11-020)
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Barth property at a cost of $295,000.
3. Adopt a Preliminary Use and Management Plan for the property, as set out in the staff report.
4. Indicate the intention to withhold dedication of the Barth property as public open space.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 4.13-acre
Barth property (Property) at a purchase price of $295,000 as an addition to Sierra Azul Open
Space Preserve (Preserve). The following report presents a description of the Property, a
Preliminary Use and Management Plan, the District’s environmental review, the purchase terms
and conditions, and financial considerations. The proposed purchase is identified as part of
Measure AA Project # 24. The Fiscal Year (FY) 2015-16 Budget contains sufficient funds to
cover the cost of this purchase.
MEASURE AA
The proposed property purchase supports the goals of Measure AA Portfolio #24, Sierra Azul:
Rancho de Guadalupe Family Recreation, as it serves to acquire lands in order to protect natural
resources.
DISCUSSION
The Property is bounded on one side by the 18,934-acre Sierra Azul Open Space Preserve and
drains into the Guadalupe Creek watershed. The property is visible from within the Preserve and
from Almaden Quicksilver County Park. The reasons for this purchase includes advancement of
Measure AA Portfolio #24 to protect natural resources, including view shed protection, habitat
protection, and protection of the Guadalupe Creek Watershed, as well as control of an important
access point to adjacent District lands.
R-16-74 Page 2
Property Description and Regional Context (see attached map)
The irregularly shaped 4.13-acre Property consists of one legal parcel, situated in unincorporated
Santa Clara County. Access to the property is via a dirt road from Hicks Road. The property is
situated across from Guadalupe Reservoir. Rising to approximately 840 feet in elevation, the
property has an excellent view of the higher elevations within the Preserve, Guadalupe
Reservoir, and Almaden Quicksilver County Park. The property is situated in the Guadalupe
Creek Watershed and includes a small tributary that flows into Guadalupe Reservoir.
More than 50% of the parcel is dominated by the Blue Oak/California Grasslands association.
This native vegetation type is biologically highly significant due to its fire adaptations, and is
locally unique in the Santa Cruz Mountains. The remainder of the parcel is a mix of oak
woodland and other plants associated with mixed chaparral. The property provides varied
habitat for animal species associated with the lower elevations of the Sierra Azul Open Space
Preserve, including larger mammals such as deer, coyotes, bobcats, and mountain lions. A wide
variety of bird species occupy and migrate through the general area.
Land Use and Improvements
The property is vacant, with a graded dirt road that provides direct access from Hicks Road to the
interior of the property. The main access road is contained within an easement that also serves a
separate, small, undeveloped parcel to the south and continues onto the former Guadalupe Land
Company property addition to the Preserve (see reports R-04-134 and R-12-92). While the
parcel is fenced, it is not currently gated, and there is evidence of trespassing on the property by
4-wheel drive vehicles. Control of the access road at Hicks Road will improve the District’s
ability to manage unauthorized uses on the Preserve. There are currently no utilities on the
property, but power is available along Hicks Road at the property line. The District
commissioned a Phase 1 environmental report for the property, which did not identify any issues.
USE AND MANAGEMENT
Planning Considerations
The Property is comprised of one legal parcel, located in unincorporated Santa Clara County and
outside the urban service area or sphere of influence of any incorporated municipality. The 4.13-
acre parcel has a General Plan designation of Hillside with a zoning designation of Hillside-
Scenic Road Combined District (HS-SR) over the property. Per the Santa Clara County General
Plan and zoning regulations, recreation, open space, and natural preserves are allowable uses in
HS-SR Districts. A finding of compliance with the General Plan for all open space acquisitions
by the District in Santa Clara County was made by the Santa Clara County Planning Department
in 1999.
If purchased, the Property would be incorporated into the Sierra Azul Open Space Preserve.
Subsequent planning for the property would be coordinated with the District’s planning efforts
for the Preserve and include consultation with appropriate agencies and organizations.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan (PUMP) establishes a status quo land management
approach in the interim between the purchase and the completion of a subsequent long-term plan.
The PUMP would take effect at the close of escrow and remain effective until the PUMP is
amended or a Comprehensive Use and Management Plan or Preserve Plan is approved for Sierra
R-16-74 Page 3
Azul Open Space Preserve. The PUMP includes minor restoration and maintenance of the
Property in its natural condition, as described more fully below. If changes to land use or the
physical environment are proposed in the future, the plan would be subject to further
environmental review and public input.
Public Access: Designate the Property as closed to public use at this time.
Signs and Site
Security:
Fences and
Gates:
Roads and
Trails:
Water Rights
and Water
Resources:
Patrol:
Install preserve boundary and closed area signs.
Install gates and fencing on the access road to prevent unauthorized entry
and use, and work with the private property owner to the south to provide
access to his small parcel.
Maintain the access route on the site in a serviceable condition. Implement
maintenance and minor erosion and sediment control measures in
accordance with District standards. Access road used for District patrol,
maintenance and emergency purposes.
A small tributary bisects the property and flows into Guadalupe Reservoir.
There are no wells or springs on the property.
Routinely patrol property using existing access road.
Resource
Management:
Conduct invasive plant and animal management activities consistent with
the District’s Resource Management Policies.
Wildfire Fuel
Management:
Implement standard District-wide fuel management and defensible space
practices consistent with the District’s Resource Management Policies.
Name:
Name the property as an addition to Sierra Azul Open Space Preserve.
Dedication: Indicate the District’s intention to withhold dedication of the subject
property as open space at this time.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 4.13-acre Barth Property as an addition to the
District’s Sierra Azul Open Space Preserve and concurrent adoption of a Preliminary Use and
Management Plan (PUMP), including minor erosion control and sediment control measures that
may be conducted along existing driveways and roads to prevent erosion and water quality
degradation. Minor resource management activities may be conducted to control invasive plants.
The land would be permanently preserved as open space and maintained in a natural condition.
R-16-74 Page 4
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private
structures, facilities, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination. The PUMP specifies no
alteration or expansion of use at this time beyond activities associated with the maintenance of
the existing access road, replacement of the entrance gate, and minor activities to implement
maintenance and minor erosion and sediment control measures in accordance with District
standards.
Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural
condition and the management plan proposes to keep the area in a natural condition. The PUMP
specifies that the land will not be developed, will remain in a natural condition, and will be
designated as an addition to the District’s Sierra Azul Open Space Preserve.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest in the property in order to maintain the
open space character of the site.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer fee ownership of the property to the District and ensure that
the open space will be preserved. The PUMP ensures that the property is preserved as open
space by incorporating it into the Sierra Azul Open Space Preserve.
Section 15061(b)(3) exempts actions recommended in the PUMP as it has been determined that
there is no possibility the recommended actions will have a significant effect on the environment.
TERMS AND CONDITIONS
The 4.13-acre Barth Property is proposed for purchase at a bargain sale price of $295,000 as the
fair market value for the property is estimated at over $500,000. The property would be
purchased as-is on an all-cash basis. Escrow would close on this transaction by June 24, 2016.
FISCAL IMPACT
FY2015–2016 Budget for New Land Purchases:
New Land Purchases Budget (Adjusted Mid-Year) $17,800,000
Land approved for purchase this year ($13,302,225)
Barth Property ($295,000)
New Land Purchase Budget Remaining $4,202,775
The Chief Financial Officer was consulted on this proposed purchase and has indicated that,
considering cash flow and account balances, funds are available for this property purchase.
R-16-74 Page 5
BOARD COMMITTEE REVIEW
The District’s Real Property Committee held a meeting at the District Administrative Office on
May 3, 2016 to discuss the proposed property purchase. Notice of the meeting was distributed to
property owners of land located adjacent to and surrounding the property. No neighbors or
members of the public attended the meeting. Three members of the Real Property Committee
were in attendance. Staff provided a presentation of the property, described how it would be
managed as an extension of the adjacent Preserve, and reviewed the proposed PUMP and the
purchase terms. The Real Property Committee approved recommending this purchase to the full
Board of Directors by a 3-0 vote.
PUBLIC NOTICE
Property owners of land located adjacent to or surrounding the subject property have been mailed
a copy of the agenda for this meeting. Accordingly, all notice required by the Brown Act has
been provided.
NEXT STEPS
Upon approval by the Board of Directors, staff would proceed with the close of escrow for the
purchase of the property by June 24, 2016, and take the next steps identified in the PUMP as
contained in this report. The District’s South Area Outpost Field Office would manage the
property as an addition to Sierra Azul Open Space Preserve.
Attachments:
1. Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing
General Manager or Other Officer to Execute Certificate of Acceptance of Grant to
District, and Authorizing General Manager to Execute any and all Other
Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul
Open Space Preserve - Lands of Barth)
2. Location Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent
Attachment 1
Resolutions/2016/R-16-11_Freudenberg Purchase 1
RESOLUTION 16-__
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF PURCHASE AND SALE AGREEMENT, AUTHORIZING GENERAL
MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF
BARTH)
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District
(District) does hereby accept the offer contained in that certain Purchase and Sale Agreement
between Fox Creek Fund, LLC (Barth), and the Midpeninsula Regional Open Space District, a
copy of which purchase agreement is attached hereto and by reference made a part hereof, and
authorizes the President of the Board of Directors, General Manager, or other appropriate officer
to execute the Agreement and all related transactional documents on behalf of the District to
acquire the real property described therein (“the Barth Property”).
SECTION TWO. The Board of Directors of Midpeninsula Regional Open Space
District authorizes the expenditure of $295,000.00 covering the purchase price funds for the
Barth Property including an option deposit of $10,000.
SECTION THREE. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on
behalf of the District.
SECTION FOUR. The General Manager or the General Manager’s designee is
authorized to provide notice of acceptance to the seller and to extend escrow if necessary.
SECTION FIVE. The General Manager or the General Manager’s designee is
authorized to expend up to $10,000.00 to cover the cost of title insurance, escrow fees, and other
miscellaneous costs related to this transaction.
SECTION SIX. The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and documents, which do not involve
any material change to any term of the Agreement or documents, which are necessary or
appropriate to the closing or implementation of this transaction.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ________, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
Attachment 1
Resolutions/2016/R-16-11_Freudenberg Purchase 2
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
AlmadenQuicksilver Park(S. Cl. Co.)
CherrySpringsPond
GuadalupeResevoir
R incon C r e e k
LosCapitancillosCreek
Guadalupe
Creek
AlamitosCreek
B a y A reaRidgeTrail
Senado
r
Min
e
MineHillTr a il
Casti lleroTail
YellowKidTr
a
il
G u adalupeTr a il
W o odsTrail
Mine Hill
Tr
a
ilEnriquit
aTrail
Mi
neHillTra
i
l
VirlO.NortonTrail
H
a
c
i
e
n
d
a
T
rail
New
Alm
a
d
e
n
Trail
M
i
n
e
HillTrail
Engli sh Camp Trail
DeepGulch TrailWoodsTrail
RandolT
r
a
i
l
R andolTr a il
NewAl m a d enTr
a
i
l
RandolTra
i
l
WoodsTrail
Hicks Rd
Mi d p en in su la Re g io na lOpen S p ac e Di st r ic t
Fo x C re e k , L L C P r o p e r t y a n d S u r r o u n d i n g A r ea
May 2016
Path: G:\Projects\Sierra_Azul\FoxCreekLLC\SA_BoardPacket_FoxCreekLLC_Map1_201600517.mxd
Created By: jhawk
0 0.50.25MilesI
(M RO S D )MR O SD Pr ese rves Pr i va te Pr op er t y
While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es.
Wat er shed L an d Pa rt i a l M R O SD O wn ersh i p
No n M R O SD C o n serv at i o nor A g ri c ult ur al E asem ent
MR O SD C on serv at i o nor A g ri c ult ur e E a semen t
Fo x C re ek, LL C Pro p ert y
Fox Creek, LLCAPN: 575-11-0204.13 Acres
San Jose
Ã9
Ã880 Ã101
Ã17
Ã1
Ã35 Cupertino
Santa Cruz
Area ofDetail
Ot her Pr o t ect ed O p en S p ac eor Pa rk La nds
Sierra AzulOpen Space Preserve
Pr i va te Ro ad
R-16-76
Meeting 16-13
June 8, 2016
AGENDA ITEM 5
AGENDA ITEM
Authorization to Purchase Security Fencing Panels, Posts and Hardware Associated with the
Mount Umunhum Environmental Restoration and Public Access Project
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to purchase Omega II Fence Systems welded-wire, no-climb
security fencing panels, posts and hardware for a not-to-exceed amount of $100,000.
SUMMARY
As part of the Mount Umunhum Environmental Restoration and Public Access Project
(“Project”), the Midpeninsula Regional Open Space District (District) will be installing new
security fencing and gates to protect the adjacent neighbors’ property when the summit of Mount
Umunhum is open to the public. The District negotiated with its neighbors and reached
consensus on the desirability of installing Omega “no-climb” security fencing as it provides high
security, is aesthetically pleasing in a wildland setting, and is cost-effective. Given this mutual
agreement, the District will purchase the material directly from the manufacturer under a sole
source contract. As there is a long lead time (up to 12 weeks) for delivery of the fencing material
agreed to among the District and its two neighbors, the General Manager recommends ordering
the security fencing now so that it can be ready for the District’s contractor to install before the
summit is open to the public.
DISCUSSION
On December 9, 2015, the District’s Board of Directors (Board) approved a resolution of
necessity to acquire certain fee and easement property needed for the District’s Project over
property owned by the Mount Umunhum Limited Partnership (R-15-167). As part of this action,
the District committed to installing security fencing along a certain area of Mt Umunhum Road.
The District and property owner agreed that the District would install Omega Elite double wire
security fencing for up to 750 linear feet along an area adjacent to the District’s SA13 gate
(yellow gate). The purpose of this fencing is to protect the private property owner’s sensitive
communication equipment located on the adjacent ridgeline.
On April 11, 2016, the District executed a license agreement with San Jose Water Company for
District access over their property to access the summit of Mt Thayer. As part of this agreement
the District agreed to install no-climb security fencing near our property boundary in order to
protect their property from trespassers once the summit of Mt Umunhum is open to the public.
The District and San Jose Water Company agreed that the District would install Omega Elite
R-16-76 Page 2
double wire security fencing for up to 1,000 linear feet near the northwest boundary of the
District’s property (near the old motor pool and housing area). This fencing will also serve to
protect sensitive communication equipment located on the adjacent private property owned by
Mount Umunhum Limited Partnership.
In addition, on May 26, 2016 the District and Mount Umunhum Limited Partnership entered into
a Stipulation and Order Granting Possession related to the District resolution of necessity that
further guaranteed the installation of the 750 linear feet of fencing near the District’s SA13 gate,
the 1,000 linear feet of fencing near the old motor pool area and approximately 60 linear feet of
fencing on a common property boundary near the Doppler Radar.
Board Policy 3.03 requires that if the cost of services, supplies, materials, or labor is expected to
exceed Fifty Thousand Dollars ($50,000), the District generally conducts a formal bidding
process. However, the Board Policy also provides that occasionally, supplies, materials,
equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a
required and specific design or construction, or are for purposes of maintaining consistency and
operational efficiency, so as to be available from only one source. After reasonable efforts to
find alternative suppliers, the District may dispense with the requirement of competitive bids and
recommend negotiating and making the purchase from the sole source. With regard to the no-
climb fencing, District staff has determined that Omega Elite fencing meets the requirements for
a sole source purchase for the following reasons:
1. Through negotiation, the District reached agreement with its neighbors on the use and
installation of the Omega fencing product to provide security for their private property;
2. The Omega fencing product is proprietary in nature as it provides both a high level of
security while also offering aesthetic properties that allow it to blend into the surrounding
wildlands; and
3. Through negotiation with the local Omega representative, the District was able to secure
the fencing product for $6,798 under retail value plus free shipping.
All fencing would be installed by the contractor selected to perform the District’s summit
project. The fencing would be installed in areas previously disturbed by the Mount Umunhum
Demolition Project and Mt. Umunhum Road Repair Project. The fencing would be elevated an
appropriate distance above grade to allow for small animals to pass under the fencing panels.
FISCAL IMPACT
The purchase of the fencing panels, posts and hardware will be at a not-to-exceed amount of
$100,000. Sufficient funding remains in the FY2015-16 capital budget in the Planning
Department budget for the purchase of this fencing material.
BOARD COMMITTEE REVIEW
There was no Committee review for this agenda item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-16-76 Page 3
CALIFORNIA ENIRONMENTAL QUALITY ACT (CEQA) COMPLIANCE
The Board previously certified the Final Environmental Impact Report (EIR) for the Mount
Umunhum Environmental Restoration and Public Access Project at its public meeting of June
12, 2012 (R12-59). An Addendum to the Final EIR was prepared and approved by the Board at
its public meeting on December 9, 2015 (R15-165). The Addendum specifically addressed the
addition of security fencing and gates among other items. Location of the proposed gates and
fencing would be limited to areas of disturbance that were analyzed in the 2012 EIR. Per the
Addendum, no new significant environmental effects or a substantial increase in the severity of
previously identified significant effects would result from the installation of the fencing and
gates identified as part of the Project.
NEXT STEPS
If approved by the Board, staff will prepare a purchase order for this fencing material and place
the order.
Attachments:
1. Fencing Maps (3 pages)
Responsible Department Head:
Michael Williams, Real Property Manager
Jason Lin, Engineering and Construction Manager
Prepared by:
Allen Ishibashi, Senior Real Property Agent
Damon Adlao, Capital Project Manager
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!!!
!!!
!!!
!!!
M
c
Q
u
e
e
n
R
i
d
g
e
M
t
.
U
m
u
n
h
u
m
R
o
a
d
SA13
Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct
May 2016
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\MQueen_Proposal\ProposedFenceGatesSA13_20160225.mxd
Created By: rhaines
0 200100Feet
I
(MR O SD )MR OS D Pres erves
While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features.
Wa t ershed L and
Pr i vat e Pr o per ty
!!!Ex isting G at e
Proposed Gate!!!
Proposed Fencing
ÉÉ RadarDish
MCQUEEN
MCQUEEN
!!
MROSD
SJWC
MROSD
MCQUEEN
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!
!
!
!
!
!!!!
!!!
!!!!!!
!!!
Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct
Mar ch, 2016
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\MQueen_Proposal\ProposedFenceGatesMcQueenEasement_20160225.mxd
Created By: rhaines
0 300150Feet
I
(MR O SD )MR OS D Pres erves
While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features.
Wa t ershed L and
Pr i vat e Pr o per ty
!!!Ex isting G at e
Proposed Gate!!!
Proposed Fencing
)
É
)
É
Mt.Umunhum3,489'
RadarDishMCQUEEN
MCQUEEN
!!
ToMt. Thayer
Sierra AzulOpen Space Preserve
MROSD
SJWC
MROSD
Patrol/Maintenance Easement (60' wide)
Fee Strip (40' wide)
Easement Grant/ Reservation (20' wide)
M t . U m u n h u m R o a d
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!!
!
!!!!!!!
É
G u a d a l u pe Creek
Mt.
U
m
unhu
m
R
o
a
d
RadarDish
Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct
February, 2016
Path: G:\Projects\Sierra_Azul\Mt_Umunhum_AFS\MQueen_Proposal\ProposedFenceGatesRadarDish_20160225.mxd
Created By: rhaines
0 600300FeetI
(MR O SD )MR OS D Pres erves
While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features.
Mc Quee n Pro p ert y
UV9
UV35
UV17
Area ofDetail
!!Pr o po sed Fenc ing
!!!Pr o po sed G at e
R-16-70
Meeting 16-12
June 8, 2016
AGENDA ITEM 6
AGENDA ITEM
Appointment of Jay Marvin as a Peace Officer
GENERAL MANAGER’S RECOMMENDATION
Adopt the Resolution appointing Jay Marvin as a Peace Officer.
SUMMARY
The listed staff member has met all of the requirements for appointment as a District Peace
Officer, including completion of the California Peace Officer Standards and Training (POST)
PC 832 class. Adoption of the attached resolutions is required to complete the process of
appointing him as a District Peace Officer.
DISCUSSION
At its meeting of January 14, 1976, the Board of Directors determined that District rangers were
to be appointed peace officers as classified by California Penal Code Section 830.31(b). The
code specifies that a person is a peace officer if he/she is designated by a local agency as a park
ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the
protection of park and other property of the agency and the preservation of the peace therein (see
Report R-76-2).
In January, 2010 the District initiated the practice of having a swearing-in ceremony, which
would include the manager in charge of the ranger staff orally administering the written oath that
all District Rangers sign, and to have this act performed before the Board of Directors (R-10-03).
FISCAL IMPACT
There is no new fiscal impact associated with this action. All costs associated with this action
are already included in the FY2015-16 District budget.
PUBLIC NOTICE
Public notice was provided as required by 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.
R-16-70 Page 2
NEXT STEPS
Once appointed, the staff member will continue with his training schedule. After training is
completed he will assume the full spectrum of ranger duties appropriate to his job classification.
Attachments:
1. Resolution Appointing Jay Marvin as a Peace Officer
Prepared by:
Gordon Baillie, Management Analyst II
Contact person:
Michael Newburn, Visitor Services Manager
Resolutions/2016/R-16-__Appoint Peace Officer-Marvin 1
RESOLUTION NO. 16-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING JAY MARVIN AS A PEACE OFFICER
THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
The following person is hereby designated as a peace officer of the Midpeninsula
Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of
the State of California, to enforce the Midpeninsula Regional Open Space District
Land Use Regulations and those city, county, and state regulations related to the
protection and safe use of District land, enforcement of which is specifically
authorized by the District:
Jay Marvin
* * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ____, 2016, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk