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HomeMy Public PortalAbout20140611 - Agenda Packet - Board of Directors (BOD) - 14-14 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos, CA 94022 Wednesday, June 11, 2014 SPECIAL MEETING BEGINS AT 6:00 P.M. REGULAR MEETING BEGINS AT 7:00 P.M. A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. (GOVERNMENT CODE SECTION 54956.9(d)(1)) Name of Case: Midpeninsula Regional Open Space District v. County of Santa Clara, et al. (Lehigh Quarry CEQA Matter) Santa Clara County Superior Court Case No. 1-12-CV-236881 California Sixth District Court of Appeals Case No. H040839 ADJOURN SPECIAL MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT OUT OF CLOSED SESSION (IF NECESSARY) (The Board shall publicly state any reportable action taken in closed session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA CONSENT CALENDAR 1. Approve Minutes of the May 28, 2014 Special and Regular Board Meetings 2. Approve Claims Report 3. Demolition of the Saratoga Gap Cabins at Saratoga Gap Open Space Preserve (R-14-86) Meeting 14-14 Staff Contact: Elaina Cuzick, Real Property Specialist General Manager’s Recommendations: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Approve the Real Property Committee’s recommendation to demolish the Saratoga Gap Cabins with the intent to salvage/recycle materials where possible and return the area to a natural, open space condition. 4. Call District Elections in Wards 1, 2, 5, and 6 and Request Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties (R-14-88) 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 1, 2, and 5. 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, Wards 5 and 6. 3. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Cruz County, Ward 2. 4. 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. 5. 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 4, 2014 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. 5. Approval of an Access Easement and Quitclaim Deed between Alepin Family Trust and the Midpeninsula Regional Open Space District, Rancho San Antonio Open Space Preserve located at 11920 Rhus Ridge Road, Los Altos Hills, California (Santa Clara County Assessor’s Parcel Number 336-31-026), and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (R-14-87) Staff Contact: Allen Ishibashi, Real Property Specialist 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 an Access Easement and Acceptance of a Quitclaim deed between the District and Alepin Family Trust. 6. Contract for Planning and Environmental Review Services for the Bay Trail Connection at Ravenswood Open Space Preserve (R-14-83) Staff Contact: Gretchen Laustsen, Planner II General Manager’s Recommendation: Authorize the General Manager to enter into a new contract with Callander Associates Landscape Architecture, Inc., to continue planning and environmental review services for the Bay Trail connection project at Ravenswood Open Space Preserve for an amount of $63,211. 7. Compensation Agreement Related to Dissolution of Former Mountain View Revitalization Authority (R-14-89) Staff Contact: Kevin Woodhouse, Assistant General Manager General Manager’s Recommendation: Authorize the General Manager to execute a Compensation Agreement with the City of Mountain View, the Successor Agency to the Former Mountain View Revitalization Authority and the other taxing entities. BOARD BUSINESS 8. Construction Contract for the Bald Mountain Parking Area at Sierra Azul Open Space Preserve (R-14-82) Staff Contact: Lisa Bankosh, Planner III General Manager’s Recommendation: Authorize the General Manager to enter into a contract with TKO General Engineering and Construction Inc., of Woodside, CA, for an amount not-to- exceed $360,000, which includes the bid amount of $313,128 plus a 15% contingency of $46,872, to construct the Bald Mountain Parking Area at Sierra Azul Open Space Preserve. INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar: All items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the District Clerk at (650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. 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 6, 2014, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. Agenda materials are also available on the District’s web site at http://www.openspace.org. Signed this 6th day of June, 2014, at Los Altos, California. May 28, 2014 Board Meeting 14-13 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 May 28, 2014 DRAFT MINUTES SPECIAL MEETING I. CALL TO ORDER President Harris called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 6:03 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, Real Property Manager Mike Williams, Open Space Planner III Matt Baldzikowski 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (GOVERNMENT CODE SECTION 54956.9(d)(1)) Name of Case: Midpeninsula Regional Open Space District v. County of Santa Clara, et al. (Lehigh Quarry CEQA Matter) Santa Clara County Superior Court Case No. 1-12-CV-236881 The Board of Directors convened into Closed Session at 6:05 pm. The Board of Directors reconvened into Open Session at 7:02 pm. 2. Presentation by San Mateo Resource Conservation District Ms. Kellyx Nelson Executive Director of the San Mateo Resource Conservation District (RCD) provided a presentation describing the history and the mission of the RCD including partnering with other agencies and landowners to accomplish their goals. Ms. Nelson summarized several Meeting 14-13 Page 2 of RCD’s current projects, including education and outreach opportunities, pond and weed management, wildfire prevention, and stream restoration. IV. ADJOURNMENT President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:34 p.m. REGULAR MEETING I. CALL TO ORDER President Harris called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:34 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle, and Pete Siemens Members Absent: None Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Administrative Services Manager Kate Drayson, Natural Resources Manager Kirk Lenington, Acting Operations Manager Michael Newburn, Acting Planning Manager Tina Hugg, Public Affairs Manager Shelly Lewis, Real Property Manager Mike Williams, and District Clerk Jennifer Woodworth III. REPORT OUT OF CLOSED SESSION (IF NECESSARY) (The Board shall publicly state any reportable action taken in closed session pursuant to Government Code Section 54957.1) President Harris noted that there were no actions to report out of closed session. IV. ORAL COMMUNICATIONS Walter Moore, President of the Peninsula Regional Open Space Trust, spoke in favor of Measure AA summarizing several of the legislative and editorial endorsements the measure has received and urged people to volunteer at the “Hike Out the Vote” event this Sunday at Ravenswood Open Space Preserve. V. ADOPTION OF AGENDA Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the agenda. VOTE: 7-0-0 Meeting 14-13 Page 3 VI. CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings of May 14, 2014. 2. Approve the Claims Report 3. Appointment of Director and Alternate Representatives to the California Joint Powers Insurance Authority Board of Directors (R-14-84) General Manager’s Recommendation: Appoint President Cecily Harris as Director and General Manager Steve Abbors and Assistant General Manager Ana Ruiz as Alternates to the California Joint Powers Insurance Authority Board of Directors. 4. Amendment to an Agreement with Phytosphere Research to Continue Monitoring of Treatment Methods to Suppress the Spread of Sudden Oak Death (R-14-52) General Manager’s Recommendation: Authorize the General Manager to execute an Amendment to the Agreement with Phytosphere Research for an additional $15,000 to continue monitoring of treatment methods in Calendar Years 2014 and 2015 to suppress the spread of Sudden Oak Death, for a total contract amount not to exceed $67,500. Public hearing opened at 7:40 p.m. No speakers present. Public hearing closed at 7:40 p.m. Motion: Director Cyr moved, and Director Hanko seconded the motion to approve the Consent Calendar. VOTE: 7-0-0 VII. BOARD BUSINESS 5. Year-End Review of the Fiscal Year 2013-14 District Action Plan and Accomplishments (R-14-81) General Manager Steve Abbors described the List of Major Accomplishments included in the Board Report and published on the District’s website. Administrative Services Manager Kate Drayson provided a brief summary of the progress made by District staff on the Fiscal Year 2012-13 Action and invited the department managers to share some of their departments’ accomplishments with the Board. Real Property Manager Mike Williams described the efforts of Real Property staff to complete the Vision Plan, Capital Finance Program, Driscoll Ranch and additional property acquisition projects. Meeting 14-13 Page 4 Co-Acting Planning Manager Tina Hugg described the work completed by the Planning department related to Mt. Umunhum, El Corte de Madera staging area, Mindego Ranch staging area and new trails, and the Mary Davey Memorial Bench. Natural Resources Manager Kirk Lenington summarized projects worked on by Natural Resources staff including the completed Vision Plan, Mindego Ranch Aquatic Species Management Plan, and Hicks Flat Mercury Remediation projects. Acting Operations Manager Michael Newburn described several accomplishments of the Operations department including an update of the District’s Rules and Regulations ordinance, completion of the permits database for use by all four offices, and the Mora Road upgrade. Public Affairs Manager Shelly Lewis described several of the outreach events organized by the Public Affairs department, including an increased focus on diversity, increased social media presence and attending employer health fairs. Ms. Lewis also described other projects completed by her department, such as translation of District written materials into several new languages, and the improved the volunteer program, leading to 18,000 hours of volunteer service and more than 270 docent programs during the last fiscal year. Ms. Drayson stated that the Administration department has focused on implementation of process and procedural updates to increase operational efficiency, including the streamlined midyear budget process, Districtwide changes to the credit card program, and the streamlined claims process. Ms. Drayson also described the completed compensation study and improved use of the IAFS system. Public hearing opened at 8:23 p.m. No speakers present. Public hearing closed at 8:23 p.m. VIII. COMMITTEE REPORTS Director Hassett reported that the Real Property Committee met to discuss the possible demolition of the Saratoga Gap Cabins. The Committee’s recommendation will be going to the Board on June 11th. District Clerk Jennifer Woodworth provided comments regarding the Board appointee evaluation process and the upcoming meetings associated with completing the evaluations. IX. STAFF REPORTS Mr. Abbors provided comments on the Vision Plan and Vision Plan Implementation Guide. X. DIRECTOR REPORTS The Board submitted their compensatory forms to the District Clerk. Meeting 14-13 Page 5 Director Hassett reported that he attended the Special District Parks Forum in Orange County and commented on the value of District’s extensive outreach efforts. Director Cyr reported that he and other Board members attended retired Ranger Dennis Danielson’s retirement party. Director Riffle presented at the League of Women Voters for Los Altos and Mountain View. Mr. Riffle also reported that he will be serving as a member of the District’s Volunteer Trail Patrol. Director Harris reported that she attended San Mateo Hometown Days. XI. ADJOURNMENT President Harris adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 8:50 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk Page 1 of 3 CLAIMS REPORT MEETING 14-14 DATE 06-11-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 66805 *10215 - CALPERS-FISCAL SERVICES DIVISION Customer ID 2857159579 - Health Insurance Premiums 06/02/2014 $114,924.09 66795 10702 - BARBARA S BERGMAN TRUST Interest 6/1/2014 - Bergman Promissory Note 05/30/2014 $8,500.00 66803 *11152 - WELLINGTON PARK INVESTORS AO2 Rent - June 05/30/2014 $8,339.00 66830 11352 - HAMMER FENCES Phase I McDonald Ranch Fencing (LHC)06/04/2014 $5,973.75 66817 11386 - BOB MURRAY & ASSOCIATES Professional Services - Recruitment for Operations Manager 06/04/2014 $5,206.55 66808 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY MPOSD-BL-490450 AD&D 06/02/2014 $4,492.04 MPOSD-BL-490450 LIFE 06/02/2014 MPOSD-BL-490450 LTD 06/02/2014 66848 10102 - SHUTE, MIHALY & WEINBERGER LLP Legal Support for CEQA Challenge to Lehigh Reclamation Plan EIR 06/04/2014 $4,157.56 Legal Fees for Ridge Vineyards Exhange CEQA 06/04/2014 Project Manager for Ridge Vineyards 06/04/2014 Legal fees for Lehigh Transactional Documents 06/04/2014 66812 11278 - A-1 PARTY RENTAL AND EVENTS Equipment Rental for Wingding Event 06/04/2014 $2,846.67 66807 *10211 - PUBLIC POLICY ADVOCATES MROSD # 2145 - Legislative Consulting/Advocacy Services 06/02/2014 $2,333.34 66838 10461 - NORTHGATE ENVIRONMENTAL MGMT 3rd Party Monitoring Report Mt Um Demolition (SAU)06/04/2014 $2,318.41 66822 11318 - CONFLUENCE RESTORATION Mindego Gateway Planting & Landscape Maintenance 2014-15 06/04/2014 $2,164.33 66832 10394 - INTERSTATE TRAFFIC CONTROL PRO Flagstand & Sign Brace 06/04/2014 $1,958.18 Traffic Control Signs & Posts (SAU)06/04/2014 66798 10032 - DEL REY BUILDING MAINTENANCE May Cleaning Services AO 05/30/2014 $1,815.00 66842 *10180 - PG & E SFO Well Pump Electric (SR)06/04/2014 $1,794.02 Electric (RSA/CP)06/04/2014 Electric (FFO/Mora A&B)06/04/2014 Electric (SR)06/04/2014 Electric (FFO/Annex)06/04/2014 Electric - Daniel Nature Center 06/04/2014 Electric (FO)06/04/2014 Electric Gate - (PC)06/04/2014 Electric (FFO)06/04/2014 66815 10428 - ALLIANT INSURANCE SERVICES Crime Insurance Premium FY14-15 06/04/2014 $1,546.00 66806 *10212 - PINNACLE TOWERS INC Crown Site ID 871823 - Tower Site Rental 06/02/2014 $1,524.00 66809 *10213 - VISION SERVICE PLAN-CA Vision Health Plan 06/02/2014 $981.72 66826 11195 - GOODYEAR AUTO SERVICE CENTER Tires & Installation Of Tires - P82 06/04/2014 $904.17 66833 11385 - JOHN GILL ELEMENTARY SCHOOL TAP - Transportation Reimburs Title 1 School Visit to DNC 06/04/2014 $871.00 66839 10160 - OFFICE DEPOT CREDIT PLAN Paper / Chairmat / Dividers / Folders / Pens 06/04/2014 $861.63 66819 10352 - CMK AUTOMOTIVE INC Vehicle Maintenance & Repairs - P73 06/04/2014 $783.95 66811 *11003 - UNITED ADMINISTRATIVE SERVICES GLUG-45Y5 Basic & Supplemental Life Insurance 06/04/2014 $707.20 66794 0 - KEVIN PETERSON & KIMARA HODGE Refund of Tenant Security Deposit 05/29/2014 $650.00 66851 10307 - THE SIGN SHOP Restricted Area Signs (ECM)06/04/2014 $630.92 66831 10280 - HEATHER HEIGHTS ROAD ASSOCIATION Saratoga Gap Road Agreement - Annual Dues 06/04/2014 $600.00 66846 10100 - SCHAFER CONSULTING Business Process Optimization for IAFS 06/04/2014 $600.00 66847 10178 - SEARS COMMERCIAL ONE Tools for District Vehicle - M204 06/04/2014 $553.72 Page 2 of 3 CLAIMS REPORT MEETING 14-14 DATE 06-11-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 66813 10001 - AARON'S SEPTIC TANK SERVICE Pumping Services (PC)06/04/2014 $550.00 66840 10578 - OLD REPUBLIC TITLE CO Reissue Wickett Title Policy 06/04/2014 $500.00 66823 11151 - FASTENAL COMPANY Field Supplies 06/04/2014 $494.80 66852 10403 - UNITED SITE SERVICES INC Sanitation Services for Fremont Older Home Tours 06/04/2014 $468.08 66828 10040 - GREAT PRINTING Spaces & Species Booklet Covers and Inside Sheets 06/04/2014 $437.50 66850 10143 - SUMMIT UNIFORMS District Ballcaps 06/04/2014 $417.60 66845 10099 - SAN FRANCISCO BAY BIRD OBSERVATORY Mt Umunhum Summit Native Plant Restoration Work (SAU)06/04/2014 $400.00 66810 10209 - PETTY CASH-MROSD Petty Cash Reimbursement 06/02/2014 $345.88 66821 11171 - COMMUNICATION ADVANTAGE Review, Edit Informational Pieces Related to Ballot Measure 06/04/2014 $337.50 66843 *10093 - RENE HARDOY 05/14 Gardening Services AO 06/04/2014 $325.00 66796 *10018 - CECILY HARRIS May Director Meetings 05/30/2014 $300.00 66801 *10072 - NONETTE HANKO May Director Meetings 05/30/2014 $300.00 66836 10995 - LEANNE TERUYA Honorarium for Docent Training - Geology 06/04/2014 $275.00 66844 10182 - ROYAL BRASS INC Jaws Tool / Hose Replacement Kit 06/04/2014 $255.07 66829 *10519 - GREEN WASTE-1500 Garbage Service (SFO)06/04/2014 $206.09 66814 11170 - ALEXANDER ATKINS DESIGN, INC.Bald Mountain Event Ceremonial Gifts 06/04/2014 $206.00 66841 10364 - PEARSON BUICK, PONTIAC, GMC Vehicle Maintenance & Repairs - M35 06/04/2014 $203.60 66797 *10029 - CURT RIFFLE May Director Meetings 05/30/2014 $200.00 66799 *10050 - JED CYR May Director Meetings 05/30/2014 $200.00 66800 *10057 - LARRY HASSETT May Director Meetings 05/30/2014 $200.00 66802 *10084 - PETE SIEMENS May Director Meetings 05/30/2014 $200.00 66804 *10118 - YORIKO KISHIMOTO May Director Meetings 05/30/2014 $200.00 66816 10380 - ALLIED WASTE SERVICES #925 Garbage Services - Rental Residence 06/04/2014 $120.71 66825 10168 - G & K SERVICES INC Shop Towel Service - (SFO / FFO)06/04/2014 $119.03 66820 10385 - COASTAL SIERRA INC Internet Services - (SFO)06/04/2014 $109.00 66855 10796 - WEMORPH INC Field Timecards 06/04/2014 $106.84 66818 10835 - BRIDGE WIRELESS Radio Earpieces 06/04/2014 $96.12 66827 10287 - GRAINGER INC Water Tank Supplies / Welding Glasses - M204 06/04/2014 $82.79 66854 *10309 - VERIZON WIRELESS Cell Phone Service 06/04/2014 $80.87 66856 11176 - ZORO TOOLS Cold Chisels and Tools 06/04/2014 $71.56 66834 10492 - LAUSTSEN, GRETCHEN Personal Vehicle Mileage Reimbursement - MROSD Business 06/04/2014 $63.28 66849 10585 - SOL'S MOBILE SERVICE Vehicle Maintenance & Repairs - P102 06/04/2014 $52.94 66835 10331 - LE'S ALTERATIONS Sew Velcro on District Ballcaps 06/04/2014 $42.00 66824 10169 - FOSTER BROTHERS SECURITY SYSTEMS Key Tags 06/04/2014 $41.33 66853 *10165 - UPS Return Radar Gun to Vendor 06/04/2014 $22.28 66837 10288 - MISSION VALLEY FORD TRUCK SALES, INC Ampac Toter Keys 06/04/2014 $19.58 Grand Total $186,087.70 * Annual Claims Page 3 of 3 CLAIMS REPORT MEETING 14-14 DATE 06-11-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA = Sierra Azul WH = Windy Hill ECdM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO = Administrative Office 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 PR = Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost RR/MIN = Russian Ridge - Mindego Hill R-14-86 Meeting 14-15 June 11, 2014 AGENDA ITEM 3 AGENDA ITEM Demolition of the Saratoga Gap Cabins at Saratoga Gap Open Space Preserve GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act, as set out in the staff report. 2. Approve the Real Property Committee’s recommendation to demolish the Saratoga Gap Cabins with the intent to salvage/recycle materials where possible and return the area to a natural, open space condition. SUMMARY Since purchase of the Gunetti-Larrus property in 1976, the Midpeninsula Regional Open Space District (District) has rented three cabins at the end of Charcoal Road in the Saratoga Gap Open Space Preserve (Preserve). In the last 6 to 8 years, the maintenance of the Saratoga Gap Cabins (Cabins) has become a substantial challenge due to deteriorating road conditions, an unreliable water system, past tenant issues, and a lack of fire engine access to the Cabins. To resolve the maintenance issues, the District would need to invest in excess of $900,000 to bring all three Cabins up to California State habitability standards and complete road and water infrastructure upgrades. Given that the Cabins offer minimal public and regional value, such a large investment is a questionable use of public funds. Based on the findings of a structures disposition analysis, the Real Property Committee recommends demolishing the Cabins and salvaging/recycling materials where possible. If approved by the Board, the bid package will include interim waste stream diversion requirements, which are under research. The General Manager anticipates returning to the Board by the end of the calendar year with a draft waste stream diversion policy, which once adopted, will guide future demolition work. The FY2014-15 Budget includes $100,000 for this project. BACKGROUND (Attachments 2 and 3) The purchase of the 177.2 acre Gunetti-Larrus property included three Cabins and a garage (R- 76-30). The Cabins are accessed via Charcoal Road, which also serves as a patrol road and public trail in Upper Stevens Creek County Park and the Preserve that is open to hiking, equestrian and uphill bicycle use approximately a mile off of Skyline Boulevard. A steep driveway forks to the east off Charcoal Road, traveling a 0.66-mile to access the Cabins. The Cabins had been rented as part of the District’s Property Management Program between 1976 and 2012. R-14-86 Page 2 DISCUSSION Given growing challenges in maintaining and managing the Cabins, the General Manager directed staff to conduct a structures disposition analysis to inform the Board’s decision on whether to invest public funds to maintain and operate these structures as tenant facilities or to demolish them. Staff referred to the Board-approved Factors to Consider for Existing Structures (R-12-91) to complete this evaluation and the findings are provided below: 1. Board Adopted District Policies. In the Board-adopted Policies Regarding Improvements on District Lands (adopted January 1978, last amended July 2007), the section titled “Policy Statement” provides the following guidance: “Important considerations in the decision to retain an improvement will be its compatibility with the open space character of the site, its potential financial burden to the District in terms of liability and management, historic value, and its proposed use.” These four factors are evaluated below. 2. Compatibility with Open Space Character of the Site. The Cabins are a collection of small, rustic buildings, compatible with its wooded surroundings and consistent with other remote cabin sites found in similar open space settings on national and state park land. 3. Historical and Educational Value. An historical assessment concluded a lack of historical significance to warrant listing on the California Register of Historic Places or on the local historic resource inventory. The Cabins do not have a known educational value. 4. Partnership Opportunities/Cooperation. Only costs associated with a portion of Charcoal Road may be shared with Santa Clara County Parks for recreation use and routine ranger patrols. Although other organizations may be willing to fund costs related to the Cabins for a separate use, such as hiker huts, the District would need to make a significant investment up front to complete the major road repairs and infrastructure upgrades. Overall, rental use of the Cabins has negatively impacted Santa Clara County Parks, an important District partner; by damaging their public trail and diverting patrol time to resolve tenant issues (refer to Section 5.b.ii below). 5. Potential Financial Cost, Including Liability and Management. a. Financial Cost – approximately $936,000 to retain the Cabins. i. Structures - $336,000+. The Cabins are wood framed construction on post and pier foundations with all three Cabins serviced by a single water system and single septic system. The main heat source for each is a wood stove. Cabin condition is fair to poor with Cabin C being the worst. Major repairs are needed to meet state habitability standards, including added insulation (under floor and above ceiling), insulated windows, and electrical upgrades to code. (Attachment 1) ii. Water System - $100,000+. The water system is a collection basin in a flowing creek. Water from two 5,000 gallon tanks flows downhill and is first treated by an ultraviolet (UV) system before reaching the Cabins. The availability of potable water has been problematic, even in good water years. A number of water test results have not met drinking water standards. Creek water quality, rodents entering the water system or inconsistent power to the UV treatment system have led to substandard results. The District had responded immediately each time by requesting that tenants only consume bottled water for which they were reimbursed until repairs were completed or power restored. R-14-86 Page 3 Extensive work has been required to maintain water flow that meets water standards. The remote location and access road issues have required that all maintenance be performed by District maintenance staff, diverting District resources away from other field projects. The cost for a new water system will depend on the success of drilling a well, but could exceed $100,000. A well would eliminate the creek contamination and equalize the availability of water over the seasons, reducing some maintenance. iii. Road - $500,000+. Charcoal Road transverses Upper Steven Creek County Park from Skyline Blvd for approximately 0.66 miles. It then crosses the upper north corner of the Preserve before returning to the County Park at a fork in the road. The right fork becomes the Premise driveway for about 3/4 mile before arriving to the Cabins. The District has a cooperative arrangement with Santa Clara County Parks to maintain the upper section of Charcoal Road for patrol access by both agencies. This road is also shared with trail users and had been used by tenants to access the Cabins. The District and County formerly graded the road annually to allow access to two wheel drive vehicles and fire engines; however, the road travels across sandstone formation and continued grading is no longer effective. This regular grading created a deeply incised road that is difficult to drain. Although drainage structures were added and annual grading ceased, the road has become increasingly difficult to drive due to exposed sandstone rock slabs and deep ruts. Consequently, in both rain and snow, tenant vehicles have become stuck or crashed requiring District assistance. Some contractors refuse to use the road to complete needed maintenance work. More importantly, CalFIRE is unable to respond to fire calls requiring a fire engine. To retain the Cabins, major road improvements, including road reroutes, rocking, crowning, and major retaining walls, are necessary to provide year -round access. Demolition of the Cabins would remove the negative impact of tenant traffic and return the road to a more seasonally maintained patrol road/trail for both agencies. b. Liability i. Fire. CalFIRE has indicated that a fire engine cannot get to the cabins, presenting a potential fire danger to future Cabin residents and a safety concern for the District. ii. Tenants. The remote location has precipitated tenant issues over the last 20 years, diverting significant staff time to monitoring, enforcement, and evictions, and contributing to the District’s liability. Examples of lease violations include: 1. Holding an unauthorized Burning Man party at the Premises. 2. Allowing homeless person to erect a lean-to shelter and chimney in the meadow. 3. Allowing the storage of stolen car/goods. 4. Igniting open fire pits. 5. Contributing to false missing persons report - allowing person to park vehicle inside the gate at Skyline without informing the District, resulting in suspected missing person’s initial report. 6. Tenant disagreement over supplying electricity to the UV unit. 7. Dumping of unknown powder leading to an extensive hazardous materials emergency response. 8. Speeding on the road/trail, including one vehicle accident. c. Annual Maintenance (2014 dollars). In addition to up front repairs costs, the annual maintenance costs are calculated as follows: i. Road - $5,000 to $10,000 per year. Rocking, crowning, drainage and culvert repairs. R-14-86 Page 4 ii. Water - $1,000/yr over 10 years. Servicing the UV filter, water testing, and annual maintenance of well pump, tanks, and water line. iii. Cabins- $1,000 to $3,000 per year. Wood stove/chimney cleaning and reroofing. d. 5-year Net Income and Anticipated Cost Recovery. Table 1 lists the rental income and expenses for the Cabins between 2008 and 2012. If rents were raised 20-25% initially, and rose accordingly over time, it would take 15 to 20 years before the total cost of improvements (road, water, and repairs) is recovered. Annual maintenance would increase the cost recovery time. Table 1. Net Income for 5-years, Saratoga Gap Cabins Cabin 2008 Rent 2008 Expenses 2009 Rent 2009 Expense 2010 Rent 2010 Expense 2011 Rent 2011 Expenses 2012 Rent 2012 Expense Total Net Income A $11,220 $1,919 $9,945 $1,921 $11,400 $10,238 $11,750 $4,602 $6,500 $35 Net Income $9,301 $8,024 $1,162 $7,148 $6,465 $32,101 B $9,848 $4,295 $10,664 $2,989 $10,620 $106 $10,869 $3,244 $7,400 $802 Net Income $5,554 $7,675 $10,514 $7,624 $6,598 $37,965 C $10,845 $245 $10,850 $0 $10,890 $967 $11,150 $0 $1,900 $975 Net Income $10,600 $10,850 $9,923 $11,150 $925 $43,448 6. Proposed and Potential Uses Residential tenant use is the only potential viable use known at this time. 7. Public Sentiment and Value The remote and secluded location has kept the structures away from public view. Consequently minimal public sentiment or value is associated with them other than potentially those of former tenants. 8. Regional Importance and Value The Cabins provide a small source of housing in the upper Stevens Creek corridor; however, this housing is currently in substandard condition with major access issues. Therefore, the housing value is greatly reduced. The open space value gained by restoring the site outweighs the minimal housing value. 9. Consistency with Strategic Plan The Strategic Plan aims to balance the three legs of the District’s mission statement: 1) Public Access, 2) Preservation, and 3) Resource Management. By decommissioning and demolishing these Cabins, the District would be restoring the meadow area and improving the habitat value of the surrounding open space, consistent with resource management goals. 10. Tradeoffs and Impacts on District Resources The decommissioning and demolishing the Cabins would shift District resources from ongoing maintenance and monitoring of the Cabins to higher priority District projects. 11. Visitor Experience – refer to section 7 above. CEQA COMPLIANCE This action is categorically exempt under section 15301, Existing Facilities, which exempts the repair, maintenance, or minor alteration of existing public or private structures, facilities, or R-14-86 Page 5 topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, including the demolition of individual small structures. The project purposes performing minor erosion control work along existing roads, and performing minor restoration activities to return the demolition site to a natural condition. BOARD COMMITTEE REVIEW The Real Property Committee met on Tuesday, May 20, 2014 for a staff presentation and tour of the property. After Committee discussion (no public present) and consideration of the results of the Structures Disposition Analysis, the Committee unanimously forwarded to the full Board a recommendation to demolish the Saratoga Gap Cabins, salvage/recycle materials where possible, and return the site to a natural condition. Note: the Planning and Natural Resource Committee (PNR) reviewed a separate demolition project (not associated with property management) on February 18th and at that time directed the General Manager to develop a waste stream diversion policy. PNR agreed to proceed with current demolition projects using interim waste stream diversion requirements ahead of adopting a related Board policy to avoid project delays. FISCAL IMPACT The FY2014-15 Budget includes $100,000 for the demolition of the Cabins and site restoration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Notice was also given to neighbors surrounding the Cabins, including the Santa Clara County Parks and Recreation Department. NEXT STEPS If the Board agrees with the recommendation to demolish the Cabins, staff would activate the public bidding process to solicit bids for the demolishing and returning the site to a natural condition. The bid package would include waste stream diversion requirements, which staff is currently researching and solidifying. These requirements will be reported to the Board should the item return for award of contract. By the end of the calendar year, a draft waste stream diversion policy will be separately brought to the Board, which once adopted, will guide future demolition work. Attachments: 1. Estimated Costs for Cabin Repairs 2. Charcoal Road in Saratoga Gap Open Space Preserve 3. Premise Area – Existing Structures and Debris to be Removed 4. Real Property Committee Meeting Draft Minutes for May 20, 2014 Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Elaina M. Cuzick, Real Property Specialist R-14-86 Page 6 Attachment 1: Cabin Repairs and Associated Cost Cabin A Repairs Repair Approx. Cost Insulation $15,000 Window replacements (9) $24,000 Electrical to code $8,000 Bathroom shower replacement $3,000 Relocation/replacement of water heater $5,000 Interior floor repair $10,000 Interior carpet replacement $2,000 Interior paint $5,000 Deck replacement $25,000 Wood Stove replacement $5,000 Appliances (basic) $2,000 Contingency (~15%) $16,000 Total Cost $120,000 Cabin B Repairs Repair Approx. Cost Insulation $15,000 Window replacements (8) $20,000 Porch window replacements $12,000 Electrical to code $8,000 Bedroom ceiling repair $15,000 Replace back door $4,000 Interior floor repairs $10,000 Front Step replacement $5,000 Appliances (basic) $1,500 Contingency (~15%) $13,500 Total Cost $104,000 Cabin C Repairs Repair Approx. Cost Insulation $15,000 Window replacements (8) $20,000 Electrical to code $8,000 Bathroom upgrade (basic) $10,000 Interior floor replacement $10,000 Interior carpet replacement $2,500 Wood stove replacement $5,000 Interior paint $5,000 Kitchen upgrade (basic) including laundry room $20,000 Appliances (basic) $2,000 Contingency (~15%) $14,500 Total Cost $112,000 Saratoga Gap Monte BelloUpper Stevens Creek County Park £¤35 S k ylin e Blv d CharcoalRd 0.99miles 0.66 m i l e s Midpeninsula RegionalOpen Space District Exh ibit A: Ch ar coal Roa d i n Sa ratog a Gap Ope n Sp ace P re s er ve May, 2014 Path: G:\Projects\Saratoga_Gap\Cabin_Gps\Charcoal_Rd_85_11.mxd Created By: chiatt 0 0.250.125MilesI (MROSD) Other Protected Open Spaceor Park Lands Management Agreemen t Non MROSD Conservation or Agricultural Easemen t MROSD Conservationor Agricultural Easemen t MROSD Preserves Private PropertyCharcoal Road 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. ! ! ! ! ! ! ! ! ! Cupertino Mountain View M o n t e B e l l o Area ofDetail £¤85 £¤280 £¤35 Saratoga Gap Cabin Residence Site Trail Road Long Ridge MonteBelloUpper StevensCreek CountyPark Saratog a G a p Trail E x h i b i t B : S a ra t o g a G a p P r e m i s e A r e a - E x i s t i n g S t r u c t u r e s a n d D e b r i s t o b e R e m o v e d 1. H o us e2. Pr op a n e Ta n k Pa d3. Wa t er P u m p B ox /De b ri s4. G a ra g e /De b ri s5. H o us e6. S h e d St ru c t ur e Pa rc e l Bo u nd a ri es +Wel l o r Wa t er Tan k Path: G:\Projects\Sierra_Azul\Saratoga_Gap\Cabin_Gps\ExhibitB_GapPremise.mxd Created By: jmontgomery Mi d p en in su la Re g io na lOpen S p ac e Di st ric t April, 2014 0 0.020.01MilesI (M RO S D) De b ri s + Po w er Li ne Po l e Po w er Li neRoad 7. Pr op a n e Ta n k Pa d8. H o us e /De b ri s9. C on c re te S h e d10. S e p ti c11. F en c e /D e b ri s12. S h ed 10 11 12 9 1 23 4 56 87 APN: 35113010 Area ofDetail S a r a t o g aGap M o n t e B e l l o c £¤35 SPECIAL MEETING REAL PROPERTY COMMITTEE DRAFT MINUTES May 20, 2014 I. CALL TO ORDER Director Hanko called the meeting of the Real Property Committee to order at 2:00 p.m. II. ROLL CALL Members Present: Nonette Hanko, Cecily Harris, Larry Hassett Members Absent: None Staff Present: Assistant General Manager Ana Ruiz, General Counsel Sheryl Schaffner, Supervising Ranger Brendan Downing, Real Property Manager Mike Williams, Real Property Specialist Allen Ishibashi, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS No speakers present. IV. ADOPTION OF THE AGENDA Motion: Director Hassett moved, and Director Harris seconded a motion to adopt the agenda. VOTE: 3-0-0 V. COMMITTEE BUSINESS 1. Election of Committee Chair Director Hanko nominated Director Hassett to be the chair of the Real Property Committee for 2014, and Director Harris seconded the nomination. Director Hassett accepted the nomination. VOTE: 3-0-0 2. Approval of Real Property Committee Minutes for January 21, 2014 Attachment 4 Real Property Committee Page 2 May 20, 2014 Motion: Director Harris moved, and Director Hanko seconded a motion to approve the January 21, 2014 Real Property Committee meeting minutes. VOTE: 3-0-0 3. Consideration for the Removal of the Saratoga Gap Cabins from the District’s Property Management Program and Demolition in Summer 2014 Real Property Specialist Elaina Cuzick described the location of the cabins in relation to Upper Stevens Creek County Park and District preserves. Ms. Cuzick explained that the cabins were evaluated based on the Board-approved Factors to Consider for Existing Structures and described the currently deteriorated condition of Charcoal Road, which is used to access the Saratoga Gap Cabins. The Real Property Committee and District staff conducted a tour of the property and the water system which served the structures. Director Hanko inquired if anyone has expressed interest in preserving the Saratoga Gap cabins to which Ms. Cuzick responded that no one has come forward in favor of preserving the cabins. Discussion ensued regarding salvage of the cabins’ building materials. Public hearing opened at 3:10 p.m. No speakers present. Public hearing closed at 3:10 p.m. Motion: Director Harris moved, and Director Hanko seconded a motion to recommend to the full Board to demolish the Saratoga Gap Cabins and direct staff to evaluate demolition and salvage options. VOTE: 3-0-0 VI. ADJOURNMENT Chair Hassett adjourned the meeting of the Real Property Committee at 3:15 p.m. __________________________________ Jennifer Woodworth, CMC District Clerk Attachment 4 R-14-88 Meeting 14-14 June 11, 2014 AGENDA ITEM 4 AGENDA ITEM Call District Elections in Wards 1, 2, 5, and 6 and Request Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz 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 1, 2, and 5. 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, Wards 5 and 6. 3. Adopt a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District calling an election and requesting election consolidation services – Santa Cruz County, Ward 2. 4. 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. 5. 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 4, 2014 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. DISCUSSION The Midpeninsula Regional Open Space District will hold a District election on November 4, 2014 for the purpose of filling elective offices for Board of Directors seats for Wards 1, 2, 5, and 6. Pursuant to state election code, the Board must adopt resolutions calling the election and request election consolidation services from Santa Clara, San Mateo, and Santa Cruz Counties. The resolutions specify the Counties’ responsibilities throughout the filing and election process. The nomination period for the election will open on Monday, July 14, 2014 and close on Friday, August 8, 2014. 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 13, 2014 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 R-14-88 Page 2 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 declarations received by the District Clerk to the Registrar of Voters; and publish notices of election, nominees and polling places. Four of the District’s seven wards are scheduled for election during the November 4, 2014 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, San Mateo, and Santa Cruz Counties to not list any unopposed candidates on the ballot, and the unopposed, qualified candidates will be appointed to the Board of Directors 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. WARD GENERAL DESCRIPTION INCUMBENT 1 Cupertino, Los Gatos, Monte Sereno, Saratoga Director Pete Siemens 2 Cupertino, Los Altos, Los Altos Hills, Palo Alto, Stanford, Sunnyvale Director Yoriko Kishimoto 5 East Palo Alto, Menlo Park, Palo Alto, Stanford Director Nonette Hanko 6 Atherton, La Honda, Loma Mar, Menlo Park, Pescadero, Portola Valley, Redwood City, San Gregorio, Woodside Director Larry Hassett R-14-88 Page 3 FISCAL IMPACT The District’s FY2013-14 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. 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, San Mateo, and Santa Cruz Counties to receive consolidated election services for the November 4, 2014 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 Request for and Consent to Consolidation of Elections - Santa Cruz County 4. Resolution Authorizing Not Listing Any Unopposed Candidates for Election on the November 4, 2014 Santa Clara County, San Mateo County, and Santa Cruz County Ballot 5. Maps showing Ward Boundaries for Wards 1, 2, 5, and 6 Responsible Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Resolutions/2014/R-14-__/Calling Election_Santa Clara County 1 RESOLUTION NO. 14-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 General District Election has been ordered to be held on Tuesday, November 4, 2014, in the Midpeninsula Regional Open Space District (District) of Santa Clara County (County) for the purpose of electing three Directors (Wards 1, 2, and 5) of the Board of Directors of the District; and WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Santa Clara canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District requests the Board of Supervisors of Santa Clara County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of three members of the Board of Directors of the District, each for a full term of four years, in Wards 1, 2, and 5 on Tuesday, November 4, 2014. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of Santa Clara Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. Resolutions/2014/R-14-__/Calling Election_Santa Clara County 2 5. That the Registrar of Voters Office of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 4, 2014, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, 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. 9. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 10. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of Santa Clara County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolutions/2014/R-14-__/Calling Election_Santa Clara County 3 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/2014/R-14-__/Calling Election_San Mateo County 1 RESOLUTION NO. 14-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 General District Election has been ordered to be held on Tuesday, November 4, 2014, in the Midpeninsula Regional Open Space District (District) of San Mateo County (County) for the purpose of electing two Directors (Wards 5 and 6) of the Board of Directors of the District; and WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of San Mateo canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District requests the Board of Supervisors of San Mateo County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of two members of the Board of Directors of the District, each for a full term of four years, in Wards 5 and 6 on Tuesday, November 4, 2014. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of San Mateo Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. Resolutions/2014/R-14-__/Calling Election_San Mateo County 2 5. That the Registrar of Voters Office of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 4, 2014, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, 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. 9. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 10. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of San Mateo County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolutions/2014/R-14-__/Calling Election_San Mateo County 3 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/2014/R-14-__/Calling Election_Santa Cruz County 1 RESOLUTION NO. 14-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUEST FOR AND CONSENT TO CONSOLIDATION OF ELECTIONS – SANTA CRUZ COUNTY WHEREAS, a General District Election has been ordered to be held on Tuesday, November 4, 2014, in the Midpeninsula Regional Open Space District (District) of Santa Cruz County (County) for the purpose of electing one Director (Ward 2) of the Board of Directors of the District; and WHEREAS, it is desirable that the General District Election be consolidated with the Statewide General Election to be held on the same date and that within the District, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Santa Cruz canvass the returns of the General District Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District requests the Board of Supervisors of Santa Cruz County to completely consolidate such elections and to further provide that the Registrar of Voters canvass the returns of the election, including: 1. Pursuant to Public Resources Code Sections 5530 and 5533, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one member of the Board of Directors of the District, for a full term of four years, in Ward 2 on Tuesday, November 4, 2014. 2. The District Clerk is authorized, instructed, and directed to coordinate with the County of Santa Cruz Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 3. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time 8:00 p.m. of the same day when the polls shall be closed. 4. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the Board of Directors hereby requests the governing body of any other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such elections, and to further provide that, upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots opened and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by any body or official authorized to perform such functions and canvass the returns of the elections; and that this Board of Directors consents to such consolidation. Resolutions/2014/R-14-__/Calling Election_Santa Cruz County 2 5. That the Registrar of Voters Office of Santa Cruz County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District. 6. The Board of Directors further requests, pursuant to Election Code Section 10002, that County election official(s) be authorized to render services to the District relating to the conduct of said election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Midpeninsula Regional Open Space District’s General District Election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 7. Pursuant to Sections 10509 and 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 4, 2014, may prepare a candidate statement on an appropriate form provided by the District Clerk. The statement may include the name, age, and occupation of the candidate, and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed with the District Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet. 8. Pursuant to Board Policy 1.07 Board Elections, 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. 9. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 10. The District Clerk is hereby directed to submit a certified copy of this Resolution to the Board of Supervisors of Santa Cruz County, and to appropriate County election officials of said County. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolutions/2014/R-14-__/Calling Election_Santa Cruz County 3 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/2014/R-14-__/Unopposed Candidates 1 RESOLUTION NO. 14-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 4, 2014 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 4, 2014 ballots of Santa Clara, San Mateo, and Santa Cruz Counties. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2014, 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 5 Attachment 5 Attachment 5 Attachment 5 R-14-87 Meeting 14-14 June 11, 2014 AGENDA ITEM 5 AGENDA ITEM Approval of an Access Easement and Quitclaim Deed between Alepin Family Trust and the Midpeninsula Regional Open Space District, Rancho San Antonio Open Space Preserve located at 11920 Rhus Ridge Road, Los Altos Hills, California (Santa Clara County Assessor’s Parcel Number 336-31-026), and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act. GENERAL MANAGER’S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in this report. 2. Adopt a Resolution authorizing an Access Easement and Acceptance of a Quitclaim deed between the District and Alepin Family Trust. SUMMARY The District has an opportunity to clear ambiguities in its title and aid an adjacent property owner with the resolution of access rights to their residence at the entrance to the Rhus Ridge parking area at Rancho San Antonio Open Space Preserve. To this end, the General Manager recommends granting a new Access Easement to the Alepin Family Trust (Alepin) and accepting a quitclaim deed from Alepin. These actions would have no fiscal impact to the District’s budget. DISCUSSION Background During the summer of 2013, the District was contacted by the Alepins with an interest in perfecting their access easement serving their single family residence, which shares the entrance road to the Rhus Ridge parking lot at Rancho San Antonio Open Space Preserve. In 1986 when the Alepins were conducting due diligence for the purchase of their property on Rhus Ridge Road, they discovered that the access driveway to the property was partially located on the adjacent Duveneck property. Prior to closing escrow, the Alepins’ predecessor in title secured an access easement from the Duvenecks that resolved this issue. In addition, the predecessor in title may have also secured an exclusive 600 square foot recreational easement from the Duveneck’s (the purpose of this easement remains unknown). In the spring of 2013, the Alepins decided to list their property for sale and discovered that the access easement and recreational easement R-14-87 Page 2 granted from the Duvenecks were never recorded; therefore, there was a cloud on title that would need to be resolved before a sale of their property could occur. The District purchased the former Duveneck Property in 1987 (R-87-152). Since the Alepins’ access easement from the Duveneck Property was never recorded, this easement does not show as an exception on the District’s title. The Alepins provided a copy of the fully executed and acknowledged access easement from the Duvenecks to their predecessor in title. The District now has the opportunity to exchange an access easement to help resolve this error that has become a significant title problem for the Alepins, in return for Alepin’s extinguishing the unrecorded access and recreational easements through a quitclaim deed to the District. The recommended access easement would be over a shared driveway that serves as the Alepins’ primary residential access, the District’s access to the Rhus Ridge public staging area, and the residential access to a District caretaker residence. Access Easement The new access easement would provide ingress and egress rights across a small portion of the District’s property to the Alepins’ residential property located adjacent to the District’s Rhus Ridge public staging area. The proposed access easement would have a much smaller footprint and impact on District property than the unrecorded 1986 easement and includes the following key terms and conditions: 1. The District shall grant the Alepins a non-exclusive access easement to their existing residence over an existing asphalt driveway. 2. The Alepins shall cover all associated survey costs. 3. The Alepins acknowledge the continued use of the road for accessing the Preserve staging/parking area, and trails as well as the, caretaker’s residence. 4. Repair and maintenance of the access road will be based on the proportional use of the road. 5. The Alepins shall quitclaim any and all rights to the 1986 unrecorded access easement and a 600 square foot recreational easement over District property. Because the District property burdened with this proposed easement is dedicated land, a unanimous vote of the Seven Board members is required to approve this deal. Quitclaim Deed The Alepins would provide a quitclaim deed to the District quitclaiming any and all rights to the unrecorded 1986 ingress and egress easement and a 600 square foot recreational use easement. CEQA COMPLIANCE Project Description The project consists of granting an egress and ingress access easement for residential purposes and quitclaiming any rights to an unrecorded access easement and recreational easement. R-14-87 Page 3 CEQA Determination The District concludes that this project will not have a significant effect on the environment. The project is categorically exempt from CEQA under Article 19, Sections 15301 of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, restoration, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The new access easement is over an existing asphalt driveway and there will be no new construction associated with the grant of easement. The project is also exempt under 15061(b)(3), as there is no possibility the actions can have a significant effect on the environment. BOARD COMMITTEE REVIEW There was no Committee review for this agenda item as it requires unanimous Board action. FISCAL IMPACT The issuance of the access easement to the Alepin Family Trust and acceptance of the quitclaim deed will have no fiscal impact to the District’s budget. PUBLIC NOTICE Public notice was provided as required by the Brown Act. NEXT STEPS Pending Board approval, the easement and quitclaim deed would be executed and delivered for recording. Attachments: 1. Resolution 2. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen L. Ishibashi, Real Property Specialist Graphics prepared by: Jon Montgomery, Planning Technician Resolutions/2014/14-__/Alepin Easement RESOLUTION NO. 14-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (DISTRICT) APPROVING AND AUTHORIZING THE PRESIDENT OF THE BOARD, GENERAL MANAGER, OR OTHER APPROPRIATE OFFICER TO EXECUTE AN ACCESS EASEMENT TO ALEPIN FAMILY TRUST, EXECUTE A CERTIFICATE OF ACCEPTANCE FOR THE QUITCLAIM DEED TO THE DISTRICT, AND AUTHORIZING THE GENERAL MANAGER AND GENERAL COUNSEL TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO COMPLETE THE TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE PRESERVE – ALEPIN FAMILY TRUST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District (District) does hereby accept the Quitclaim Deed from the Alepin Family Trust, and authorizes the General Manager, President of the Board of Directors, or other appropriate officer to execute the certificate of acceptance on behalf of the District. Section Two. The President of the Board, General Manager, or other appropriate officer is authorized to execute the Access Easement to the Alepin Family Trust. Section Three. The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor or technical revisions to the Access Easement and Quitclaim Deed that do not involve any substantial changes to any terms of the easement and quitclaim deeds, and which are necessary or appropriate to the closing or implementation of this transaction. Section Four. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, the granting and acceptance of these fee and easement property interests are consistent with Public Resources Code 5540.5, that the real properties being acquired by the District are of equal or greater value than the real property being transferred to the Alepin Family Trust, and are necessary to be acquired for open space purposes. * * * * * * * * * * * * * * * * PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on ______, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Resolutions/2014/14-__/Alepin Easement 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 A d o b e C r e e k Midpen in s ula Reg i ona lOpen Sp ac e Di st r ic tAlepin A c c es s E a s e m e n t - Ra n c ho S a n A n t o n i o O p e n S p a c e P r e s e rv e May, 2014 Path: G:\Projects\Rancho_San_Antonio\AlepinAccessEasement\AlepinAccessEasement.mxd Created By: mchilds 0 200100Feet (MROSD)MR O S D Prese rve s While th e District strives t o use the b est available d igital data, t his d at a d oe s not repr esen t a le gal survey and is mer ely a graphic illustr at ion of geographic fe at ures. R a n c h o S a n A n t o n i o Area ofDetail 280 AlepinAccessEaseme n t &".m xd" 85 RanchoSan AntonioOpen SpacePreserve Mountain View Los Altos Los Altos Hills A P N s : 3 3 6 -4 3 -0 1 7 & 3 3 6 -4 3 -0 1 0 Al epi n Pro p er ty R hus Ridg e Trail R h u s R i d g e R o a d Access E ase ment AccessEasement APN 3 36-31-0 26 APN 3 36-43-0 17 A P N 3 3 6 -4 3 -0 1 0 Park i ng L o t Reside nce R-14-83 Meeting 14-15 June 11, 2014 AGENDA ITEM 6 AGENDA ITEM Contract for Planning and Environmental Review Services for the Bay Trail Connection at Ravenswood Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a new contract with Callander Associates Landscape Architecture, Inc., to continue planning and environmental review services for the Bay Trail connection project at Ravenswood Open Space Preserve for an amount of $63,211. SUMMARY In November 2010, the Midpeninsula Regional Open Space District (District) entered into a contract with Callander Associates Landscape Architecture, Inc., (Callander) to help identify and design a suitable Bay Trail alignment to link Ravenswood Open Space Preserve (Preserve) with University Avenue in East Palo Alto and Menlo Park, and to prepare the environmental review document for this project (see Report R-10-134). Since the proposed trail must pass through lands owned by the City and County of San Francisco (San Francisco), a conceptual plan is required to secure a public trail easement from San Francisco to complete the trail connection. After reviewing the District’s preferred conceptual trail alignment, the San Francisco Public Utilities Commission (SFPUC) has requested additional work from the District (evaluation of alternative trail alignments and detailed trail plans) before considering approval of a final trail easement. The recommended contract with Callander would provide the additional consulting services needed to complete this additional work as well as the remaining scope from the original contract which has expired. The FY2014-15 Budget includes sufficient funds to cover this contract. DISCUSSION On July 14, 2010, the District Board of Directors approved an exchange agreement with San Francisco whereby (1) the District would grant to San Francisco a subsurface tunnel easement underneath Ravenswood Open Space Preserve to accommodate a new water pipeline spanning the bay and (2) in exchange San Francisco would grant to the District an open space easement across a portion of the adjacent San Francisco lands with the intention of converting this open space easement into a public trail easement in the future (see Report R-10-65). The proposed trail easement would secure the right-of-way necessary to connect the Bay Trail at Ravenswood Preserve to University Avenue (see Attachment 1). The exchange agreement requires the District to evaluate the feasibility of various trail alignments within the open space easement area. R-14-83 Page 2 The District has been working with Callander to identify and evaluate trail alignment and design alternatives, and subsequently develop a conceptual plan for the proposed Bay Trail connection. The following objectives are guiding this trail planning process: 1) avoid conflicts with San Francisco’s use and management of its lands and conflicts with surrounding land uses, 2) avoid or minimize environmental impacts to wetland areas, and 3) offer an enjoyable user experience consistent with the goals of the Bay Trail Project. The scope of work also includes preparation of an environmental review document that satisfies the District’s obligations as lead agency under the California Environmental Quality Act. The resulting conceptual plan and environmental review document will provide the information necessary to enable the District and San Francisco to fully evaluate and consider the granting and acceptance of a public trail easement. To date and under a separate contract, Callander has completed an existing conditions assessment, developed and evaluated preliminary trail alignments, and prepared a conceptual design for an initial preferred trail alignment. This planning process has involved consultations with stakeholder agencies, including the SFPUC, and the Cities of East Palo Alto and Menlo Park, as well as outreach to the public through two public open houses held in Menlo Park and in East Palo Alto, and through the use of an online public engagement tool called Mindmixer. This effort identified a proposed alignment that would separate the trail from the neighboring community of University Village by pl acing the trail on the far (north) side of the SFPUC service road and would avoid crossing a wetland area (see Attachment 2). Recent discussions regarding the proposed trail alignment with the SFPUC Project Review Committee have yielded requests for additional evaluation and information. More specifically, the SFPUC has requested that the District evaluate alternative trail alignments that follow the property boundary to avoid dividing the SFPUC parcel, which would place the easterly portion of the trail closer to neighbors and require a bridge across wetlands on the SFPUC property. In addition, the SFPUC is requesting a revised trail plan showing that the proposed trail will not interfere with vehicle traffic along the SFPUC maintenance road and that any increases in water runoff will be managed. Additional time and effort by the District, with the assistance of Callander, is needed to evaluate the alternative trail alignments and prepare more detailed trail plans. Since the District’s original contract with Callander has expired, a new contract is needed to complete the remaining work. The District is also investigating a more direct, alternative trail alignment to complete the desired University Avenue connection that would require a trail easement across a Caltrans-owned parcel (see Attachment 2). To further explore this alternative, the District has consulted with Caltrans and submitted an encroachment permit application. The recommended contract with Callander for an amount of $63,211 includes the additional work needed to continue discussions with the SFPUC as well as a feasibility analysis for a separate trail alignment through the Caltrans parcel. FISCAL IMPACT The FY2014-15 Budget adopted by the Board on March 26, 2014 (see Report R-14-58) includes $60,000 for the Ravenswood Bay Trail connection project. Savings associated with other projects within the same budget category will cover the remaining funds needed for the recommended contract. R-14-83 Page 3 In 2010, The Bay Trail Project, acting through ABAG, awarded the District $40,000 in support of planning efforts to secure the property rights for this long-sought Bay Trail link. To date, ABAG has reimbursed the District $33,472.06 for work on the Bay Trail study. Also, the Santa Clara Board of Supervisors approved a $400,000 grant to fund future phases of this Bay Trail connection project. The District can enter into a grant agreement with Santa Clara County once the environmental review document has been certified. BOARD COMMITTEE REVIEW There was no Committee review for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE Retention of a consultant to undertake the Bay Trail study and environmental review services does not constitute a project under the California Environmental Quality Act (CEQA) as it will not result in a direct or reasonably foreseeable indirect physical change in the environment [CEQA Guidelines Section 15060(c)(2)]. Any future action taken by the Board of Directors to implement the project will be evaluated for CEQA compliance at that time. NEXT STEPS If approved by the Board, the General Manager would enter into a new contract with Callander to begin evaluating the alternative trail alignments, develop the revised trail plans, and finalize the draft environmental document for Board consideration. Attachment 1. Location Map 2. Conceptual Trail Alignment Responsible Department Head: Michael Williams, Real Property Manager Prepared by: Gretchen Laustsen, Planner II University Ave Willow Rd FA C E B O O KOffices W e s tCampu s E a s tCampu s ! ! E A S TPALOALTO M E N L OPARK A T H E R T O N R E D W O O DCITY Bay Rd B a y R d Middlefield Rd Marsh Rd £¤84 £¤101 £¤101 S a n F r a n c i s c oPublic U t i l i t i e sCommission ! SF Bay Trail SF Bay Trail General Study Area Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct At t a c hm e n t 1 : B a y Tra i l Co n c e p t P l a n Re g io n a l M a p May, 2014 Path: G:\Projects\Ravenswood\SF_Bay_Trail_2\BayTrailRegaional_BoardPacket_Landscape_8.5x11_gtl.mxd Created By: glaustsen 0 10.5MilesI (MR O SD )No n M RO S D C ons erva tio n or A gr icult ur al E asement 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 £¤84 R a v e n s w o o d O p e n S p a c e P r e s e r v e B a y l a n d s N a t u r e P r e s e r v e(C i t y o f P a l o A l t o ) S a n F r a n c i s c o B a y Gener al S t udy Ar ea D o n E d w a r d s N a t i o n a l W i l d l i f e R e f u g e (U .S . F i s h a n d W i l d l i f e ) MR OS D Pres erves Ot her P ublic A genc y Ot her Pro t ect ed O pen S pac eor Par k L and sBay Tr ai l ToDumbartonBridge Highway 1 Trail Feasibility Study Detail Plans Page 1© copyrighted 2003 Callander Associates Landscape Architecture, In c. Ono Route 1 wide, minimal slope R.O.W.B C D E Fnew 12’ wide trail new paving new crosswalk existing traffi c signal Gexisting wood slat fenceA J possible tree removalHnew trail using existing access road K refurbished bridge, new railingInew retaining wall B C D E FGA J I H Ono Frenchman’s Creek Road Frenchmans Creek Sea Horse Ranch GD K H new guardrail Ono Frenchmans Creek Caltrans Right-of-waySingle Family Homes San Mateo Coast State Beaches Caltrans Right-of-way Trail towards Beach NorthKey Area: Route 1 at Frenchmans Creek BAY TRAIL CONCEPT PLAN AT RAVENSWOOD Trail Planning and CEQA Consulting Callander Associates Trail Planning and Implementation Biotic Resources Group PROPOSED CONCEPTUAL TRAIL ALIGNMENTUpdated May 2014 10065 Sections 2012 9-7 Attachment 2: Proposed Conceptual Trail Alignment EXISTING BAY TRAIL CLASS 2 BIKE LANE ALONG UNIVERSITY AVENUE DUMBART O N R A I L R O A D C O R R I D O R ( S A M T R A N S ) UNIVERSITY VILLAGE (EAST PALO ALTO) U N I V E R S I T Y A V E N U E HET C H H E T C H Y P I P E L I N E R . O . W . (SF P U C ) A B B C C A RAVENSWOOD OPEN SPACE PRESERVE (MROSD) CIT Y O F E A S T P A L O A L T O CIT Y O F M E N L O P A R K EXISTING MULTI-USE BAY TRAIL Legend Existing SFPUC Service Road Existing Bike Lane along University Avenue Existing Multi-Use Trail in Ravenswood Open Space Preserve Trail Striped on SFPUC Service Road Paved Trail on Grassy Uplands Boardwalk-Style Raised Trail above Wetlands Parcel Line (Approximate) Alternative Trail Alignments for Evaluation CALTRANS SFPUC SFPUC R-14-89 Meeting 14-14 June 11, 2014 AGENDA ITEM 7 AGENDA ITEM Compensation Agreement Related to Dissolution of Former Mountain View Revitalization Authority GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a Compensation Agreement with the City of Mountain View (City), the Successor Agency to the Former Mountain View Revitalization Authority (Successor Agency) and the other taxing entities. SUMMARY The City of Mountain View, serving as Successor Agency to the Mountain View Revitalization Authority (Authority), is completing the wind down of the Authority’s affairs in compliance with state law and under the authority of an Oversight Board. The California Department of Finance has approved the Authority dissolution plan, which includes disposing of the Authority’s remaining real property assets. The City is requesting the District, and all the other taxing entities, review and approve a multi-party Compensation Agreement to share in the revenues generated by two parking structures that were paid for in part by the Authority, one of which currently includes a lease for a pharmacy. Once the Compensation Agreement is executed, the parking structures will be transferred to the City and, in exchange, the City will compensate the District and the other taxing entities in accordance with the Compensation Agreement. Based on lease revenue projections, it is estimated that the City would pay the District approximately $2,500 for Fiscal Year 2014-15. Annual payments are anticipated through 2047, based on the estimated 40-year useful life of the structures. Although similar payments may be estimated for future fiscal years, the actual amount of future year payments will depend on parking structure/lease revenues for each year. DISCUSSION Background In 2011 and 2012, the State legislature enacted two laws to dissolve redevelopment agencies in California, including the Mountain View Revitalization Authority (Authority). The Successor Agency has been winding down the affairs of the Authority under the supervision of an Oversight Board composed of designated representatives of the affected taxing entities. The taxing entities, besides the Midpeninsula Regional Open Space District, the City of Mountain View and the Parking District, include Santa Clara County, Santa Clara Valley Water District, Santa Clara County Board of Education, Mountain View Los Altos Union High School District, Mountain View Whisman School District, Foothill-DeAnza Community College District, Bay R-14-89 Page 2 Area Air Quality Management District, and the El Camino Hospital District (Taxing Entities). The California Department of Finance (DOF) has review and approval authority over the Oversight Board’s decisions. In order to complete the wind-down process, the City of Mountain View, serving as Successor Agency, was charged with retiring all remaining obligations of the Authority and disposing of the Authority’s remaining real property assets pursuant to an approved Long-Range Property Management Plan (LRPMP). The Successor Agency and Santa Clara County (County) developed and presented a proposed dissolution plan to the Oversight Board (Attachment 1) and the DOF in an effort to complete the dissolution process by the end of this fiscal year. On November 14, 2013, the DOF reviewed the Oversight Board’s approval of the dissolution plan and approved the Oversight Board action and also issued a Finding of Completion (Attachments 2 and 3). As part of the dissolution package, the Successor Agency also submitted a LRPMP. This proposed Compensation Agreement is an element of the LRPMP approved by the Oversight Board and the DOF and was drafted by County and City staff. The DOF approved the LRPMP on February 7, 2014 (Attachment 4). To complete the dissolution of the Authority, the City is requesting each of the Taxing Entities to review and approve a multi-party Compensation Agreement (Attachment 5) to share in the revenues generated by the two parking structures that were paid for in part by the Authority. Compensation Agreement Under the Compensation Agreement, the Taxing Entities will share in any revenues generated by either of the two parking structures built, in whole or in part, with redevelopment funds in order to reimburse the entities for their investment to construct the parking structures for the remaining useful life of the structures. The structures sit on City-owned property and funds other than redevelopment funds were also used to pay for the construction of Structure No. 2. A formula has been developed that reflects these three financial contributions to the structures— redevelopment funds, other funds, and the value of the City property on which the structures sit. For Parking Structure No. 1, located on Bryant Street between Evelyn Avenue and Villa Street, the Taxing Entities will share 73.4 percent of any revenue generated by this structure between July 1, 2014 and June 30, 2029. The term is based on a 40-year useful life of the structure, calculated from the date the structure was placed into service (1989). While no revenue is currently being generated at this structure, any future revenues, such as charging a fee to park at this structure, would be subject to the Compensation Agreement. Located at the corner of Bryant Street and California Avenue, Parking Structure No. 2, placed in service in 2007, is currently generating revenue from a lease with CVS. The Taxing Entities will share 55.4 percent of this lease revenue from July 1, 2014 through June 30, 2047. Any future additional revenues generated at this structure, such as paid parking specific to this structure, would be subject to the Compensation Agreement during that time period. The City will be responsible for management, operations and maintenance of the structures and will receive its proportionate share of the revenue as reimbursement for the two parking structures. The City is also obligated to purchase either replacement value or declared value insurance for both structures during the term of this agreement. The City has the option to purchase insurance to either insure the structures to be rebuilt or insure the structures in an amount roughly equivalent to its depreciated value over a 40-year useful life (net book value). To terminate the agreement prior to the end of the term of the agreement or the useful life of either structure, the City would be required to pay the net book value of the structure to the Taxing Entities. The Taxing Entities do not have any liability under this Agreement. R-14-89 Page 3 FISCAL IMPACT An estimate of the compensation each of the Taxing Entities would receive under this Agreement for Fiscal Year 2014-15 is shown in Attachment 6. It is estimated that the District would receive from the City approximately $2,500 for FY2014-15, to be distributed through the County to the District by November 1, 2015. Similar payments may be estimated for future fiscal years unless parking structure/lease revenues significantly change. Payments are anticipated through 2047, based on the estimated 40-year useful life of the structures. BOARD COMMITTEE REVIEW There was no Committee review for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE This agenda item is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS The compensation agreement must be approved by each taxing entity for the City to complete the wind down of the Former Mountain View Revitalization Authority and for the taxing entities to receive payments. If approved by the Board on June 11, the General Manager will sign and return the agreement to the City as soon as possible. Once all taxing entities have approved the agreement, the agreement takes effect June 30, 2014 and the District will receive its first payment by November 1, 2015. Within 90 days after the June 30th end of each fiscal year, the City is obligated to provide an Operating Statement for each structure along with any amounts owed under the Compensation Agreement to the County and the County shall have 30 days to distribute this amount to the Taxing Entities in proportion to their shares of the base property taxes then in effect. Attachments: 1. September 30, 2013 Oversight Board Report—Comprehensive Plan to Wind Down the Affairs of the Former Mountain View Revitalization Authority and Terminate the Successor Agency and Oversight Board (Including Long-Range Property Management Plan) 2. Department of Finance Approval of Oversight Board Action Dated November 14, 2013 3. Department of Finance Finding of Completion Dated November 14, 2013 4. Department of Finance Approval of Long-Range Property Management Plan Dated February 7, 2014 5. Compensation Agreement 6. Compensation Estimate for Each of the Taxing Entities Prepared by: Kevin S. Woodhouse, Assistant General Manager Copies of Attachment 1 may be requested from the District Clerk or found on the City of Mountain View’s website at: http://laserfiche.mountainview.gov/Weblink/0/doc/67034/Electronic.aspx ENT op. Ai ti a " z W IIII A ¥ DEPARTMENT OF F1 NAN OE November 14, 2013 EDMUND G. BROWN JR. • GOVERNOR 915 L STREET ■ SACRAMENTO CA ■ 9561 4-3706 • WWW.DOF.CA.GOV Ms. Patty Kong, Finance and Administrative Services Director City of Mountain View 500 Castro Street Mountain View, CA 94039-7540 Dear Ms. Kong: Subject: Approval of Oversight Board Action The City of Mountain View Successor Agency (Agency) notified the California Department of Finance (Finance) of its September 30, 2013 Oversight Board (OB) resolution on October 8, 2013. Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review of the OB action. Based on our review and application of the law, OB Resolution OB-19 approving a Comprehensive Dissolution Proposal and its component parts for the dissolution of the former Mountain View Revitalization Authority is approved. This determination relates to a Comprehensive Wind -Down Plan (Plan). This approval does not necessary approve each component of the Plan since there are multiple components that must be reviewed and approved by Finance separately. It is our understanding the Plan requires among other things, that any remaining funds held by the Agency at June 30, 2014 be remitted to the county auditor -controller for distribution to the taxing entities. This is our determination with respect to the OB action taken. Please direct inquiries to Wendy Griffe, Supervisor, or Jenny DeAngelis, Lead Analyst at (916) 445-1546. Sincerely, JUSTYN HOWARD Assistant Program Budget Manager cc: Ms. Jannie Quinn, City Attorney, City of Mountain View Ms. Irene Lui, Controller Treasurer, Santa Clara County Mr. Steven Mar, Bureau Chief, Local Government Audit Bureau, California State Controller's Office California State Controller's Office e_1-11- Cap. 'it / 1' a "mil Z w IIII n o m * DEPARTMENT OF °,,,,,,,,F. -FINANCE November 14, 2013 EDMUND G. BROWN JR. ` GOVERNOR Ms. Patty Kong, Finance Director City of Mountain View 500 Castro Street Mountain View, CA 94039 91 5 L STREET ■ SACRAMENTO CA ■ 958 1 4-3706 ■ WWW.DDF.CA.GDV Dear Ms. Kong: Subject: Request for a Finding of Completion The California Department of Finance (Finance) has completed the Finding of Completion for the City of Mountain View Successor Agency. Finance has completed its review of your documentation, which may have included reviewing supporting documentation submitted to substantiate payment or obtaining confirmation from the county auditor - controller. Pursuant to Health and Safety Code (HSC) section 34179.7, we are pleased to inform you that Finance has verified that the Agency has made full payment of the amounts determined under HSC section 34179.6, subdivisions (d) or (e) and HSC section 34183.5. This letter serves as notification that a Finding of Completion has been granted. The Agency may now do the following: • Place loan agreements between the former redevelopment agency and sponsoring entity on the ROPS, as an enforceable obligation, provided the oversight board makes a finding that the loan was for legitimate redevelopment purposes per HSC section 34191.4 (b) (1). Loan repayments will be governed by criteria in HSC section 34191.4 (a) (2). • Utilize proceeds derived from bonds issued prior to January 1, 2011 in a manner consistent with the original bond covenants per HSC section 34191.4 (c). Additionally, the Agency is required to submit a Long -Range Property Management Plan to Finance for review and approval, per HSC section 34191.5 (b), within six months from the date of this letter. Please direct inquiries to Andrea Schaeffer, Staff Finance Budget Analyst, or Chris Hill, Principal Program Budget Analyst, at (916) 445-1546. Sincerely, JUSTYN HOWARD Assistant Program Budget Manager cc: Mr. Jannie Quinn, City Attorney, City of Mountain View Ms. Irene Lui, Controller Treasurer, County of Santa Clara California State Controller's Office > a" ll' w IIII n DEPARTMENT ❑F C4GpoKN'P F I N A N C E February 7, 2014 EDMUND a BROWN JR. • GOVERNOR 915 L STREET ■ SACRAMENTO CA ■ 95214-2706 ■ WWW.D0F.CA.DOV Ms. Patty Kong, Finance and Administrative Services Director City of Mountain View 500 Castro Street Mountain View, CA 94039-7540 Dear Ms. Kong: Subject: Long -Range Property Management Plan Pursuant to Health and Safety Code (HSC) section 34191.5 (b), the City of Mountain View Successor Agency (Agency) submitted a Long -Range Property Management Plan (LRPMP) to the California Department of Finance (Finance) on October 8, 2013. Finance has completed its review of the LRPMP, which may have included obtaining clarification for various items. The Agency received a Finding of Completion on November 14, 2013. Further, based on our review and application of the law, we are approving the Agency's use or disposition of all the properties listed on the LRPMP. However, the following non -Agency owned or non -real properties totaling $4,310,191 were noted during our review: • Streetlights in the amount of $362,695 • Sidewalks, Curbs, and Gutters in the amount of $1,823,095 • Streets and Roads in the amount of $1,524,984 • Improvements Other than Buildings in the amount of $599,417 Since the City owns the fee title to the above assets and properties, it was not necessary to list them on the LRPMP. The Agency does not need to submit a revised LRPMP. In accordance with HSC section 34191.4, upon receiving a Finding of Completion from Finance and approval of a LRPMP, all real property and interests in real property shall be transferred to the Community Redevelopment Property Trust Fund of the Agency, unless that property is subject to the requirements of an existing enforceable obligation. Pursuant to HSC section 34191.3 the approved LRPMP shall govern, and supersede all other provisions relating to, the disposition and use of all the real property assets of the former redevelopment agency. Agency actions taken pursuant to a Finance approved LRPMP are subject to oversight board (OB) approval per HSC section 34181 (f). Any subsequent OB actions addressing the Agency's implementation of the approved LRPMP should be submitted to Finance for approval. Ms. Patty Kong February 7, 2014 Page 2 Please direct inquiries to Wendy Griffe, Supervisor, or Jenny DeAngelis, Lead Analyst at (916) 445-1546. Sincerely, JUSTYN HOWARD Assistant Program Budget Manager cc: Ms. Jannie Quinn, City Attorney, City of Mountain View Ms. Irene Lui, Controller Treasurer, Santa Clara County Ms. Elizabeth Gonzalez, Bureau Chief, Local Government Audit Bureau, California State Controller's Office California State Controller's Office COMPENSATION AGREEMENT TIDS COMPENSATION AGREEMENT (this "Agreement") is made and entered into as of June 30, 2014 (the "Effective Date"), by and an10ng the Successor Agency to the former Mountain View Revitalization Authority, a public entity established under Health and Safety Code section 34173 (the "Successor Agency"); the City of Mountain View, a California Charter City and municipal corporation ("City"); the Mountain View Parking District No.2 ("MVPD2"); and each of the undersigned local agencies and school districts, each a taxing entity as defined by Health and Safety Code section 34171 (k) (the "Tax.ing Entities"); with the consent of the Oversight Board to the Successor Agency, a local entity established under Health and Safety Code section 34179 (the "Oversight Board"). The Successor Agency, City, MVPD2, and the Tax.ing Entities are collectively the "Parties" and each a "Party." RECITALS WHEREAS, the City is the fee owner of the real properties known by APN 158-15-016 ("Parcel One") and APN 158-12-051 ("Parcel Two") located within the boundaries of the City within the County of Santa Clara as more particularly described in Exhibit A attached hereto and incorporated by reference herein; and WHEREAS, the former Mountain View Revitalization Authority ("RDA") and the City constructed a parking structure ("Structure One") on Parcel One and a parking structure ("Stmcture Two") on Parcel Two, as more particularly described in Exhibit A (collectively, the "Stmctures"), each funded in substantial part by the RDA with former tax increment and the proceeds of bonds pledged to be repaid with former tax increment; and WHEREAS, Assembly Bill xl 26, as amended by Assembly Bill 1484, dissolved the RDA and designated the Successor Agency to, among other things, dispose of all assets of the RDA at the direction of the Oversight Board; and WHEREAS, following the Successor Agency's receipt of a Finding of Completion from the Department of Finance ("DOF"), the Successor Agency prepared a long range property management plan ("Plan") for the disposition and use of the real property assets of the fOffi1er RDA;and WHEREAS, the Oversight Board and the DOF have approved the Plan and pursuant to Health and Safety Code section 34191.4(a), the Structures transferred to the Community Redevelopment Property Trust Fund for administration by the Successor Agency; and WHEREAS, the Plan directs the City to retain the Structures and enter into a compensation agreement with the Taxing Entities pursuant to Health and Safety Code section 34181(f) to compensate the Taxing Entities for the value of the Structures; and WHEREAS, in accordance with the Plan, the Parties desire to enter into this Agreement under the terms and condi tions provided herein. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: II Compensation Agreement for MOllDtain View Parking Structures Rev04/23/14 Page 1 oflO AGREEMENT l. TRANSFER OF STRUCTURES. Pursuant to Health and Safety Code section 34180(t), the Parties agree that the Successor Agency shall convey title to the Structures, including all structures, improvements, and fixtures that now, or may from time to time constitute a part of the Structures, to the City on the Effective Date. The City shall in its sale judgment and at its sole expense prepare and execute all deeds, assignments, and other documents it may deem necessary or appropriate to transfer, to evidence or to vest in City clear title to the Structures. The City shall manage the Structures as provided herein. 2. COMPENSATION. In exchange for the City's retention of the Structures, the Taxing Entities shall be compensated as follows: a. Revenue Sharing. The City hereby assigns to the Taxing Entities the Revenue Share generated from the Structures during the Revenue Sharing Periods. The "Revenue Sharing Period" for Structure One and Structure Two shall be July 1, 2014, through June 30,2029, and July I, 2014, through June 30, 2047, respectively. b. Calculation of Revenue Share. The "Revenue Share" shall be the sum of the following calculated per fiscal year: (A) the Operating Income for Structure One multiplied by 73.4 percent, and (B) the Operating Income for Structure Two multiplied by 55.4 percent. The Operating Income, including the components for the calculation thereof, shall be calculated independently for each Structure on a fiscal year basis using the accrual method. As used herein, the following terms shall have the meanings below interpreted in accordance with generally accepted accounting principles ("GAAP"): i. "Operating Income" means the amount by which the Gross Income exceeds the Operating Expenses and amortized Capital Expenditures. ii. "Gross Income" means the sum of all income generated from all activities or operations of each Structure, including without limitation, rents received; provided, however, Gross Income does not include income generated by the City's permit parking system unless (I) parking spaces andlor floors in a Structure are dedicated or restricted for the exclusive use of permit holders for any period of time or a fee is charged to park in a Structure, or (2) the percent ratio of the aggregate number of Structure One and Structure Two parking spaces authorized for permit parking to the total number of authorized parking spaces available for permit parking exceeds eighty percent (80%); provided, further, that if the permit parking system income shall be included in Gross Income for a Structure, the following formula shall determine the amount of permit parking system income that shall be included as Gross Income calculated separately for each Structure: Number of parking • --===="'---X Total Permit Parking Income Total number parking (spaces in a Struc ture for permit parking spaces availabre for permi t par king Compensation Agreement for Mountain View Parking Structures Page 2 of10 ) Rev04/23/14 iii. "Operating Expenses" means all necessary and ordinary expenses directly allocable to the production of Revenue Share, but in no event shall include the costs of services provided by the City Parties under Section 3(c). IV. "Capital Expenditures" means capital expenditures directly allocable to the production of Revenue Share such as replacements, alterations, improvements, or additions that appreciably prolong the life of a Structure beyond its Revenue Sharing Period, materially increase its value, or make it adaptable to a different use. Capital Expenditures shall be amortized over the useful life of the asset created by the Capital Expenditure in accordance with GAAP. c. Revenue Share Pavrnent. Within 90 days following the end of the then- preceding fiscal year, the City shall disburse the Revenue Share to the Santa Clara County Auditor-Controller ("Auditor-Controller") accompanied by an Operating Statement. Within 30 days following disbursement by the City, the Auditor-Controller shall distribute the Revenue Share among the Taxing Entities in proportion to their shares of the base property tax in effect on the date of distribution pursuant to Health and Safety Code section 34188. In accordance with Health and Safety Code section 34180(f), the City, and its subcomponents, including, but not limited to, the MVPD2 (collectively, the "City Parties"), shall not receive a share of the Revenue Share, but rather shall be compensated for services rendered under this Agreement as provided for in Section 3(c) below. d. Operating Statements. The City shall provide the Auditor-Controller with an accounting of the Revenue Share prepared in accordance with GAAP ("Operating Statement") and certified as correct by City's duly authorized financial officer. The Operating Statement for each Structure shall provide the Ci ty' s calculation of the Revenue Share in reasonably sufficient detail to enable the Taxing Entities to independently confirm the City's calculation for such fiscal year. City shall keep complete, accurate and appropriate books and records of its calculation of Revenue Share and Operating Income for at least three years following the end of each fiscal year. e. Right of Inspection and Objection. The Auditor-Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession or control of City, but only to the extent necessary for a proper determination of Revenue Share. If the Auditor-Controller does not object to an Operating Statement within three years after the Auditor-Controller's receipt of an Operating Statement, the Ta;'(ing Entities shall be forever barred from objecting to the Operating Statement; provided, however, there shall be no time limitation to objecting to any intentional misstatement contained in an Operating Statement. If there has been a deficiency in the payment of Revenue Share, then such deficiency shall become immediately due and payable. This Section shall survive any termination of the Agreement. 3. MANAGEMENT OF STRUCTURES. a. Intended Use of the Structures. It is the intent of the Parties that the City operate the Structures consistent with their current use. As of the Effective Date, the Stmctures are used for public parking. In addition to the public parking use, 12,707 square feet oflhe approximate 143,000 square feet comprising Structure Two is commercially leased. Compensation Agreement fo r Mountain View Parking Structures Page 3 of 10 Rev04123/14 I I b. Repairs and Maintenance. The City shall operate, maintain, and manage the Structures in good order and repair and in a neat, clean, sanitary, and safe condition at its sole expense unless otherwise provided herein. c. Commercial Operations and Management Fee. To the extent the City elects to generate Gross Income from the Structures, the City shall: (A) operate the Structures in a manner that maximizes the Revenue Share generated from the Structures, provided, however, that the City may retain discretion over the nature of any commercial use; (B) bear all Operating Expenses and provide personnel and incidental supplies and equipment, collect all gross receipts,. and perform all duties necessary for the commercial operation of the Structures; and (C) perform its obligations related to the Revenue Share. In consideration of the services provided by the City, the City shall receive a percentage of the Revenue Share equal to the City Parties' aggregate pro rata share of base property tax in effect on the date of distribution of the Revenue Share, which the Auditor-Controller shall distribute in the manner described in Section 2(c). d. Insurance. The City shall at its sole expense, obtain and keep in force all peril property insurance coveragc for either the replacement value or declared value of each Structure for the respective Revenue Sharing Period of each Structure. For purposes of this Agreement, all peril property insurance coverage excludes war, terrorism, earthquake, flood, ground water, mudslide, pollution, mold, and sewer back up. All pe.ril property insurance typically covers fire, smoke, windstorm, hail, riot, vandalism and explosions. Upon the execution of this Agreement and each policy renewal period thereafter, the City shall deliver evidence of insurance required by this section to the Auditor-Controller. e. Compliance with Laws. City shall comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Stmctures or any activity or condition on or in the Structures. f. Damage and Destruction. If at any time a Stmcture shall be substantially destroyed or damaged in whole or in part by any casualty covered by the insurance set forth in Section 3(d) above, the City shall have the option to: (A) repair, replace, or rebuild the Structure to the substantially same value, condition, and character immediately before the casualty, or (B) terminate the Revenue Sharing Period for a Stmcture as set forth in Section 4. 4. TERM AND BUY-OUT. The term of this Agreement commences at the Effective Date and continues until the last Revenue Sharing Period expires. The City may terminate a Stmcture's Revenue Sharing Period by paying the Taxing Entities an amount equal to: (A) if payment is made on or within 30 days from begin ning of a fiscal year, the depreciated book value of the Stmcture as of the beginning of the fiscal year multiplied by the Taxing Entities' interest in such Structure, or (B) if payment is made following 30 days from the beginning of a fiscal year, the depreciated book value of the Stmcture as shown on the Net Book Value Schedule attached as Exhibit B as of the beginning of the fiscal year multiplied by the Taxing Entities' interest in such Structure plus the Revenue Share generated by the Structure through the date of payment. For the purpose of this Section, "Taxing Entities' interest" shall mean: for Structure One, 73.4 percent, and for Structure Two, 55.4 percent. The City shall include an Operating Statement ;vith any payment made under this Section, which shall be subject to inspection and objection as set forth in Section 2(e). The Auditor-Controller shall distribute a payment received pursuant to this Section among the Taxing Entities in proportion to Compensation Agreement for Mountain View Parking Structures Page 4 of10 Rev04123! 14 their shares of the base propeI1y tax in effect on the date of distribution pursuant to Health and Safety Code section 34188. 5. INDEMNIFICATION AND LIMITATION OF LIABILITY. a. Liability of Taxing Entities. The Taxing Entities shall not be liable to the City Parties for any act or omission related to this Agreement or any liability, demands, claims, costs, losses, injuries, damages, recoveries, settlements, and expenscs (collectively, "Claims") related to the Structures, and the City Parties hereby waive and discharge all Claims against the Taxing Entities, including but not limited to Claims resulting from or in any way in cOJJJJection with or incidental to the transfer of title of the Structures to the City or the City's management of the Structures during the term of this Agreement, no matter how caused, except that the Taxing Entities shall be liable to the City Parties for Claims arising solely from the Taxing Entities' active negligent acts or omissions. The Parties further agree that the Taxing Entities' liability of any kind with respect to the Structures or otherwise arising from the obligations under this Agreement shall be limited to the amount of the Revenue Share payable for the fiscal year in which such Claim arises. This Section shall survive any termination of the Agreement. b. Indemnitv. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but instead the Parties agree that pursuant to Government Code section 895.4, each of the Parties shall fully indemnify and hold each of the other Parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defmed by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful rnis�umluct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this Agreement. No Party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this Agreement. This Section shall survive any termination of the Agreement. 6. MISCELLANEOUS PROVISIONS. a. Non-Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties. b. No Third Party Beneficiaries. The Parties intend that the rights, obligations and covenants in this Agreement shall be exclusively enforceable by the Parties. There are no third party beneficiaries to this Agreement. c. No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. d. Covenants Run With Land. The agreements, covenants and conditions contained in this Agreement are and shall be deemed to be covenants running with the land and Compensation Agreement for Mountain View Parking Structures Page 5 of 10 Rev04123114 I I I shall be binding upon and shall inure to the benefit of City and the Taxing Entities and their respective successors and assigns. The Auditor-Controller may, on behalf of the Taxing Entities, record this Agreement with Office of the Clerk-Recorder of Santa Clara County. e. Notices. All deliveries, notices, requests, demands or other communications provided for or required by this Agreement shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested; when sent by overnight carrier; or upon email confirmation to sender of receipt of a facsimile communication which is followed by a mailed hard copy from sender. Notices shall be addressed as specified in each Party's signature block. f. Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had not been contained herein. g. Time is of the Essence. Time is of the essence of each and all of the agreements, covenants, and conditions of this Agreement. h. Ambiguities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. i. Integration. This instrument constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral or written. j. Amendment. This Agreement may be modified only in writing and only if signed by the Taxing Entities and the City at the time of the modification. Following the execution of this Agreement, the Oversight Board or Successor Agency's consent shall not be required for an y modification of the Agreement. k. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California, excluding its conflict of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The Parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections. II /I II II /I Compensation Agreement for Mountain View Parking Struchlres Rev04/23/14 Page 6 of 10 1. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instr ument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SUCCESSOR AGENCY By: --�����-----------Name: Daniel H. Rich Title: Executive Director 500 Castro Street Mountain View, CA 94041 Attn: Agency Clerk Date: __________ _ CITY OF MOUNTAIN VIEW By: Nam-e-:�D�an�ie�I�H�.�Ri�·c�h ------------- Title: City Manager Address: 500 Castro Street Mountain View, CA 94041 Attn: City Clerk Date: __________ _ MOUNTAIN VIEW PARKING DISTRICT NO.2 By: __ � __ � ____________ __ Name: Daniel H. Rich Title: City Manager Address: 500 Castro Street Date: Mountain View, CA 94041 Attn: City Clerk ---------- ApPROVED AS TO FORM By: --�����--------­Name: Jannie L. Quinn Title: Agency Counsel FINANCIAL APPROVAL By: Name: Patty J. Kong Title: Finance and Administrative Services Director ApPROVED AS TO FORM B y: __ � __ �� ________ __ Name: Jannie L. Quinn Title: City Attorney FINANCIAL APPROVAL By: Name: Patty J. Kong Title: Finance and Administrative Services Director APPROVED AS TO FORi.,,! By: __ � __ �� ________ __ Name: Jannie L. Quinn Title: District Counsel FINANCIAL APPROVAL By: Name: Patty J. Kong Title: Finance and Administrative Services Director Compensation Agreement for Mountain View Parking Structures [Signature Page Continues] Rev04i23fl4 Page 7 ofl0 SANTA CLARA COUNTY AUDITOR-CONTROLLER By: ----------------------- Name: Title: Finance Director Address: 70 W. Hedding Street, Date: East Wing, 2nd Floor San Jose, CA 95110 ----- CONSENT OF OVERSIGHT BOARD By:_��-------__ Name: Kevin C. Duggan Date Title: Chair Address: 500 Castro Street Mountain View, CA 94041 Attn: Oversight Board Clerk Date: _____ _ APPROVED AS TO FORM By: ����--------­Name: E. Ray Ruiz Title: Deputy County Counsel Compensation Agreement for Mountain View Parking Structures [Signature Page Continues 1 Rev04i23/14 Page 8 ofl0 TAXING ENTITIES COUNTY OF SANTA CLARA By: -���--------Name: Mike Wassennan Title: President, Board of Supervisors Address: 70 W. Hedding Street, Date: East Wing, 2nd Floor San Jose, CA 95110 Attn: Clerk of the Board ----- MOUNTAIN VIEW-WHISMAN ELEMENTARY SCHOOL DISTRICT By: Nam-e-:-------------------- - Title: Address: Date: ________ _ MOUNTAIN VIEW-LOS ALTOS HIGH SCHOOL DISTRICT By: ----------------- Name: Title: Address: Date: ____ _ FOOTHILL-DEANZA COMMUNITY COLLEGE DISTRICT By: ---------- Name: Title: Address: Date: ____ _ APPROVED AS TO FOR"'I By: -����------­Name: E . Ray Ru iz Title: Deputy County Counsel [Signature Page Continues] Compensation Agreement fo r Mountain View Parking Structures Page 9 of 10 Rev04J2311 4 • SANTA CLARA COUNTY OFFICE OF EDUCATION By: ____________________ __ Name: Title: Address: Date: _____ _ MID-PENINSULA REGIONAL OPEN SPACE DISTRICT B y: ---------------------- Name: Title: Address: Date: _____ _ SANTA CLAR>\. VALLEY WATER DISTRICT By: Nam-e-:---- ----- --- Title: Address: Date: ---------- EL CAMINO HOSPITAL DISTRICT B y: ---------------------- Name: Title: Address: Date: _____ _ Compensation Agreement for Mountain View Parking Structures BAY AREA Am QUALITY MANAGEMENT DISTRICT By : __ ________________ __ _ Name: Title: Address: Date: ________ __ Rev04/231J 4 Page 10 of 10 Exhibit IJ A" Legal Description of City Parcels APN 158-15-016 (Parcell) APN 158-12-051 (Parcel 2) Guarantee No, CAFNT0943'0943-o051-00S1056972-FNTIC-2013-G12 Parcel 1 TH� LAND REFERRED TO HEREIN BELOW IS SmJATED cmOF MOUNTAIN VIEW, COUNTY .OF SANTA ClARA, STATE OF CAUFORNIA, AND IS DESCRIBED AS FOllOWS: PARCEL ONE: Beginning at the most we sterly corner of that certain parcel of land conveyed by Emilio Ravlzza, et al to Arnold Til lman Kline and Mildred Kline, his wife, by deed dated January 20, .1959 and recorded January 21, 19S9 In book 4298 of Official Records; thence from said point of beginning, along the northwesterly line of said parcel, north 26° 44' 00' east 50.50 feet to the most northerly comer th ereof; thence along the northeasterly line thereof, south 63° 15' 45" East 27,00 feet; thence leaving said line, south 26° 44' 00" West 50,50 feet to a pOint In the southwesterly line thereof; thence north 63° 15' 45" Vlest along said line, 27.00 feet to the point of beginning, Being a portion of land conveyed by Emilio Ravlzza, et ai, as above described. PARCEL TWO; Commencing at a p oint on the southerly line of Front Street, distant thereon South 63° 01' 0" East (survey) 150.00 feet from the Intersection of the Southerly line of Front Street with the Easte1ry line of Bryant Street; thence leavlng said line of Front Street, South 26° 44' ,�O'' West (survey) 150,00 feet to the true point of beginning of the parcel to 'be described; Thence from said True Point of Beginning North 63° 15' 45" West 70.00 feet; thence North 26° 44' 00" East 40.00 feet; thence South 63° 15' 45" East 70 feet; thence South 26° 44' 00" West 40,00 feet to the true point of beginning, and being the southerly 40.00 feet of the Easterly 70.00 feet of Lot 2 In Block 1, Range 1 South, as delineated and so designated upon the map entitled "Map of Villa Lands at Mountain View R. R. Station, the p roperty of S, 0, Houghton, Esq.", and which said map was'recorded on March 2, 1865 in the office of the County Recorder of Sa nta Clara, State of california In L1ber "T" of Deeds, at Page 322. Being a portion of that certain property deeded from Emma R, Ingraham to Harry Rosen and Beatrice Rose, his wife, dated Agust 2, 1937 and recorded September 17, 1937 in Book 838 'of Official Records at Page 491, Santa Clara County Records. (Front Street as shown Is now know as Evelyn Street). PARCEL THREE Beginning at a point in the southe as ter ly line of Bryant Street at the most northerly corner of that certain parcel of land conveyed by Alv in P. Rogers et ai, by Deed dated Aprl 113, 1918, and reccrded June 24, 1918 in Bock 475 of deeds at Page 134 Santa Cla ra County Records; thence from said point ,of beginning along said southeasterly line of Bryant Street, South 25° 44' 00" West 82.50 feet; thence along the south westerly line of said parcel, south 63° 15' 45" East 115,00 feet to the most southerly corner thereof; thence along the southeasterly line thereof, North 25° 44' East 82.50 feet; thene along the northeasterly line thereof North. 63° 15' 45" West 115 feet to the point of beginning, Being all of that c,ertain parcel of land conveyed by Rogers, et ai, as above described, PARCEL FOUR; Beginning at the most westerly corner of that certain parcel of land conveyed by Mary Dielma n and John Amner Dielman and May Paul Dielman, husband and Wife, dated November 25, 1955 and recorded March 21, 1956 In Book 3444 of Official Records at Page 436; Santa Clara County Records; thence from said point of beginning along the Southwesterly l ine thereof, South 63° 15' 45" East 150.22 feet to a paint in the Northwesterl y line of castro Stre et; thence along said line North 26° 43' 35" East 37,58 feet to the most Easterly corner thereof; thence North 63° 15' 45" West along the Northeasterly line thereof 150,22 feet; thence along the Northwesterly line th ereof, Soouth 26° 44' West 37.58 feet to the point of 2 LctSoolr.� ellA Gt.:aranllle Form "0.12 (5/6/92) Exhibit "A" (continued) Guarantee No. CAFNT0943-0943-0051-0051056972-FNTIC-2013'G12 beginning. Being a portion of Lot 4, Block 1, Ra nge 1 south, as shown on that certain Map of Villa lands at Mountain View Railroad Station, the Property of S. O. H oughto n, Esq., filed for record March 2, 1865 In Book T of Deeds at Page 322, Santa Clara County Records. And also being all of the above described lands conveyed by Dlelman, et al., Excepting therefrom all that certain real property described as follows: Beginning at the most westerly corner of that certain parcel of land conveyed by Mary Dlelmann and John Amner Dellmann and May Paul Dlelmann, husband and wife, dated November 25, 1955 and recorded March 21, 1956 In Book 3444 of Official Records at Page 436 Santa dara County Records; tl)ence along the southwesterly line thereof, south 63° 15' 45" East 150.22 feet to a point in the northwesterly line of Castro Street; thence along said line north 26° 43' 35" East 10.00 feet to the true point of beginning; thence continuing along said northwesterly line north 26° 43' 35" East 27.58 feet; thence north 63° 15' 45" west 116.22 feet; thence south 26° 43' 35" west 27 .58 fee t; thence 63° 5' 45" East 116.22 feet to the true point of beginning Begin a portion of Lot 4, Block 1, Rance 1 South, as shown on that certain map of Villa lands at Mountain View Railroad Station, the property of S. O. "Houghton, Esq., filed for record March 2, 1865 In Book T of Deed at Page 322, Santa Clara County Records. PARCEL FNE: Beginning at a poin t on the Southwesterly line of Evelyn Street (formerly Front Street) at the most northerly corner of that certain parcel conveyed by Fausto Moreno and Vincenta �loreno, his wife, by deed dated March 5, 1948 and recorded march 18, 1948 in Book 1587 of Official Records at Page 376, Santa Clara County records; thence from said point of beginning, a long the Northwesterly line of said parcel, South 26° 44' 00" West 30.00 feet to the most westerly corner thereof; thence along the southeasterly line thereof, South 63° 15' 45" East 15.00 feet; thence north 26° 44' 00" east 30,00 feet to a point in the southwesterly line of said Evelyn Street; thence along said line, north 63° 15' 45" West 15.00 feet to the point of beginning; And being a portion of the lands above described as conveyed to �l oreno. PARCEL SIX: Beginning at the most westerly corner of that certain parcel of land conveyed by Bank of America National Trust and Savings AsSOCiation, a national banking association, as Trustees of the Estate of Andrew Jurlan deceased, by deed dated January 24, 1946 and recorded February 2, 1946 In Book 1319 of Official Records at Page 275, Santa Clara County Records; thence from said point of beginning, along the northwesterly line of said parcel, north 26° 44' 00' East 25.00 feet to the most northerly corner thereof; thence along the northeasterly line th ereof, South 63° 15' 45' East 27.00 feet; thence south 26° 44' 00' west 25.00 feet to the southwesterly line thereof; thence north '63° 15' 45" West 27.00 feet to the point of beg inning. And being a portion of the herein described property con veyed by Bank of America National Trust and Savings Association. And also being a portion fa Lot 5, Block 1, Range 1 South, Map of Villa Lnds at Mountain View R. R. Station, the Property of 5, O. Houghton, Esq, recorded March 2, 1865 in Book T of Deeds, at Page 322, Santa Clara County Records. PARCEL SEVEN: Beginning a t the most westerly corner of that certain parcel of land conveyed by the Bank of Ameirca National Trust a nd Savings Association, Trustee of the Estate of Andrew Jurian deceased by deed dated January 24, 1946 and recorded February 2, 1946 In Book 1325 of Official Records at page 376. Santa Clara County Records; thence from said po�n of beginning along the northwesterly line thereof, north 26° 44' 00" East 25.00 feet to the most northerly comer thereof; thence along the northeasterly line of said parcel, south 63° 15' 45" east 27.00 feet; thence leaving said line, south 26° 44' 00' west 25.00 feet to 3 lot eook Gua�t!e o.TA Guar.t1l1H fann /to,n (1j(15I92) .. Exhibit 'A" (continued) Guarantee No. CAFNT0943-0943-0051-0051056972-FNTIC-2013-GI2 the southwesterly line thereof; thence north 63° 15' 45" west 27.00 feet to the point of beginning. And being a portion of the above described lands conveyed by Bank of America Na�onal Trust and Savings Association. PARCEL EIGHT: Beginning at a point on the' southeasterly line of Bryant Street, at the most northerly corner of that certain parcel of land conveyed by carrade Mardlnl by deed dated Janaury 30, 1945 and recorded July 1, 1949 In Book 1815 of Official Records 1815 of Offical Reoords at Page 498, Santa dara County Records; thence from said point of beginning, along the southeasterly line of said Bryant Street, south 26° 44' West 70.00 feet to the most westerly corner of said parcel; thence along the southwesterly line thereof south 63° 15' 45" east 150.00 feet to the most southerly comer thereof; thence along said southweste'rly line north 26° 44' east 30.00 feet to the most easterly corner thereof; thence along the northeasterly line, north 63° 15' 45" west 70.00 feet; thence continuing along the line of said parcel north 26° 44' east 40.00 feet; thence along the northeasterly line of said parcel, north 63° 15' 45" west 80.00 feet to the point of beginning. Being all of that certain property conveyed by Mardinl as above described. PARCEL NINE: Beginning at a point on the southeasterly line of Bryant Street at the most westerly corner of that certain parcel of land conveyed by James D. sadler, an unmarried man, dated March 1, 1958 and recorded July la, 1958 in Book 4118 of Official Records at Page 29, santa Clara County Records; thence from said point of beginning , along the southwesterly line' of Bryant Street, north 26° 44' east 17.50 feet to the most northwesterly cornee'of said parcel; thence along the northeasterly line thereof, south 63° 25' 45" east 115.00 feet; thence along the· northwesterly line thereof, north 26° 44' east 82.S0 feet to the most northerly corner of said parcel; thence along the northeasterly line thereof, south 63° 15' 45" east 61.78 feet; thence leaving said line, south 26° 44' west 82.50 feet; to a point In th e ,southwesterly line thereof; thence north 63° 15' 45" west 26.78 feet; thence along the southeasterly line thereof, south 26° 44' west 17.50 feet; thence along the southwesterly line thereof, north 63° 15' 45" west 150.00 feet to the point of beginning. Being a portion of the above described proerty conveyed by Sadler. PARCEL TEN: Beginning at the most westerly corner of that certain property conveyed by Walter Doust, et ai, by deed dated April 19, 1937 and recorded April 22, 1937 In Book 823 of Official Records at Page 79, Santa dara County Records; thence from said point of beginning, along the northwesterly line thereof, north 26° 44' 00" East 46.33 feet to the most northerly corner thereof; thence along the northeasterly line thereof, south 63° 15' 45" east 27.00 feet; thence leaving said line, south 26° 44' 00" west 46.33 feet to the point in 'the southwesterly line thereof; thence north 63° 25' 45" West 27.00 feet to the point of beginning. Being a portion of land conveyed by Walter Doust; as above descrtbed. PARCEL ELEVEN: Beginning at the corner common to Lots 3, 4, 5 and 6, Block 1, Range 1 South, as shown on the map entitled "Map of Villa Lands at Mountain View Railroad Station, the Property of S. O. Houghton, Esq,", which map was filed for record In the office of the Recorder of the County of santa Clara, State of California, on March 2, 1865 In Book T of Deeds, at page 222; thence from said point of beginning, north 26° 44' east along the line dividing Lots 3 and 4, 20.00 feetj thence north 63° 15' 45" west along a line parallel with the southwesterly line of said Lot 3, 150.00 feet to the southeasterly line of Bryant Stret as Bryant Street is shown on said map; thence along said line south 26° 44' west 70.00 feet; th!",ce leaving the line of Bryant Street, south 63° 15' 45' east 177.00 feet; thence north 26° 44' east 50.00 feet to a point In the dividing line between said Lots 4 an d 5; thence along said line north 63° 15' 45" west 27.00 feet to the point of beginning. Being a portion of Los 3, S, and 6, Block 1, Range 1 South, as shown on said map. Also being a portion of the lands conveyed by Anna D. campen, a widow by deed dated March 4 l.ct s.ok Gl:arantee a.r ... Guata'lll!e Form No,tl (6/6/92) . : '. Exhibit "A" (con�nued) Guarantee No. CAFNT0943-0943-0051-00SlOS6972-FNTIC-20!3-G12 . 7, 1922 and recorded December 24, 1929 in Book 497 of Deeds, Page 10, Santa Clara County Records. PARCEL 1WELVE: Beginning at a point In the northeasterly line of Villa Street at the most westerly corner of that certain parcel of land described as Parcel 4 of the Santa Clara County property In that Final Decree of Distribution, the matter of the Estate of Andrew Jurian, deceased, a certified copy of which was recorded in the office of th.e recorder of the County of Santa Clara, State of california on October 28, 1943 In Book 1159 of Official Records at Page 407; thence from said point of b€glnnlng, leaving said line' of Villa Street and gOing along the northwesterly side of said parcel, north 26° 44' 00" east 50.00 feet to the most northerly corner thereof; thence along the northeasterly line thereof, south 63° 15' 45" east 27.00 feet; thence leaving said line, south 26° 44' 00" west 50.00 feet to a point in the northeasterly line of said Villa Street; thence along said line north 63° 15' 45" west 27.00 feet to the point of beginning. And being a portion of the lands described in the Rnal Decree of Distrlbu�on above mentioned. PARCEL THIRTEEN: Beginning at the most westerly comer of t hat certain parcel of land as conveyed from George Swall, et ux, by deed dated September 27, 1932, and recorded October 4, 1932 in Book 623 of Official Reoords at Page 498 Santa Ciara County Reoords and by Decree of Distribution entered on May 26, 1954 in the Matter of the Estate of Fausto Moreno, deceased, Probate No. 40454, a certified copy of which decree was recorded on May 28, 19 54 in Book 2883 of Officiai Records at Page 387; thence from said point of beginning, along ·the northwesterly line thereof,. north 26° 44' 00" East 30.00 feet to the most northerly corner thereof; thence along said northwesterly line, south 63° is' 45" east 27.00 feet; thence leaving said line south 26' 44' west 30.00 feet to a point in the southwesterly line of said parcel; thence north 63° 15' 45" West 27.00 feet to the point of beginning and being a portion of the above described proeprty conveyed by Swall, et ux. PARCEL FOURTEEN: Beginning at a point on the southwesterly line of Evelyn Street (formerly Front Street) at the most northerly comer of that certain parcel of land conveyed by W. P. Angelo, et ux, be deed dated January 19,1 940 and recorded January 22, 1940 in Book 966 of Official Records at Page 311, Santa Oara Ccunty Records and by Decree of Dsitribution entered on May 26, 1964 in the matter of the Estate of Fausto Moreno, deceased, Probate No. 40454, a certified copy of which Decree was recorded on May 28, 1954 in Book 2883 of Official Records at Page 387; thence along the northwesterly line of said parcel, south 26° 44' 00" West 53.17 feet to the most westerty corner thereof; thence along the southwesterly line thereof; south 63° 15' 45" east 27.00 feet; thence leaving said line north 26° 44' 00" east 23_17 feet; thence north 63' 15' 45" west 15.00 feet; thence north 26° 44' 00" East 30.00 feet to a point in the southwesterly line of said Evelyn Street; thence north 63° 15' 45" West 12.00 feet to the point of beginning, and being a portion of the above described property conveyed by Angelo, et ux. APN: 158-15-016 5 Let fIooI( GU¥aI1tee ClTA GU30'3ntee Form NO.12 (616/92) • , . ,� """':.'.:' "., ". '·;.C':;. 'I : " .:�. -:, I Guarantee No. CAFNT0943-0943-005l-0051056970-FNTIC-2013-G12 Parcel 2 THE lAND REFERRED TO HEREIN BELOW IS SITUATED IN THE 01Y OF MOUNTAIN VIEW, COUNlY OF SANTA Cl.{IRA, STATE OF CAUFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL ONE: Beginning at a point in the Southwesterly line of Dana Street at the most Northerly comer of that certain Parcel of Land conveyed by Adele C. Paulding by deed dated February 14, 1950 and Recorded february 23, 19S0 in Book 1933 of Official Records, at Page 22, Santa Clara County Records; thence from said point of beginning, along the Northwesterly line of said Parcel, South 26° 45' 45" West 60.00 feet; thence . along the Southwesterly line thereof, South 63° 15' 00" East 5.00 feet; thence North 26° 45' 45" East 60.00 feet to a point in the Southwesterly line of Dana Street; thence along said line, North 63° 15' 00' West 5.00 feet to the point of beginning. Being a portion of the above described property conveyed by Paulding. PARCEL TWO: Beginning at a point in the Southeasterly line of Bryant Street at the most Westerly corner of that certain Parcel of Land conveyed by Nicanor Lopez and Potonla Lopez, His Wife, by Deed dated October 27, 1936 and Recorded February 24, 1948 In Book 1570 of Official Records at Page 410, Santa Oara County Records; thence from said point of beginning along .the said line of Bryant Street, North 26 deg. 45' 16" East 74.96 feet to the most Northerly corner thereof; thence along the Northeasterly line thereoF, South 63 deg. 14' OS" East 135.17 feet; thence along the Southeasterly line thereof, South 26 deg. 45' 16" West 74.96 feet to the most Southerly corner thereof; thence North 63 deg. i4' 05" West 135.17 feet to the point of beginning. And being all of the above described parcel so conveyed, by Lopez. PARCEL THREE: Beginning at a point in the Southwesterly line of Lot 3, Block 1, Range 3 South, distant thereon 135.0 feet Southeasterly of the Intersection thereof with the Southeasterly line of Bryant Street, as said Lot and Street are shown upon the Map hereinafer referred to; thence Southeasterly along said Southwesterly line of Lot 3, 15 feet to the most Southerly corner thereof; thence at right angles Northeasterly 75 feet; thence at right angles Northwesterly 15 feet; thence at right angles Southwesterly 75 feet to the point of beginning and being the Southeasterly 15 feet of the Southwesterly half of Lot 3, Block 1, Range 3 South, as shown upon the Map entitled 'Map of Villa Lands at Mountain View Rzilroad State lon, the Property of D. B. Bailey, Subdivided January 1887", Recorded January 26, 1887 in Book "B" of Maps, Page 45, Records of Santa Clara County, CaliFornia. PARCEL FOUR: Beginning at a poin: on the Easterly line of Bryant Street, distant thereon 100 feet Northerly from the point of Intersection of the Northerly line of CaliFornia Street with the Easterly line of Bryant Street; thence running Northerly along said Easterly line of Bryant Street 50 feet, thence at right angles Easterly and parallel with the Northerly line of CaliFornia Street 150 feet, thence at right angles Southerly and parallel with the Easterly line of Breyant Street 50 feet; thence at right angles Westerly and parallel with the Northerly line of California Street 150 feet to the point of beginning, being the Northerly 50 feet of Lot 6, Btock 1, Range 3 South, as designated and delineated upon Map entitled "Map of Villa Lands at Mountain View Railroad Station, the Property of D.B. Bailey Subdivided January 1887", Recorded January 26, 1887 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book "B" of Maps, at Page 45, records of said County. 2 t.at: Bock Gualiriee a.TA GUBarJie!! Fotln No.!2 (6/�g2) ......... ;. :':1 · ......... 'I . ''':':.:.:.:' .. :':.'.:: ..... c' ':' ••• : Exhibit "A" (continued) Guarantee No. CAFNT0943-D943·005!-O05105697G-FNTIC-2013·G12 PARCEL FIVE: Beginning at the most Easterly comer of that certain Parcel of Land conveyed by JoS. Mockbee and Emma Mockbee, husband and Wife, by Deed dated March 14, 1933 and Recorded March 28, 1933 In Book 646 of Official Records at Page 116, Santa Clara County Records; thence from said point of beginning along the Northeasterly line of said Parcel, North 63° 13' 59" west 30.00 feet; thence South 26° 45' 45' West 99.93 feet to a point In the Northeasterly line of california Street; thence along said line, South 63° 13' 41" East 30.00 feet to the most Southerly corner of said Parcel; thence North 26° 45' 45" East 99.93 feet to the pOint of beginning; and being a portion of the above described property SO conveyed by Mockbee; and also being a portion of Lot 6, Block 1, Range 3 South, Map of Villa Lands at Mountain View Railroad Station, then property of D.B. Bailey, Recorded on January 26, 1887 In Book "B' of Maps at Page 45, Santa Clara County Records. PARCEL SIX: Beginning at a point In the Southwesterly line of Dana Street, at the most Northerly corner of that certain Parcel of land conveyed by Louisa Maceono by Deed dated January 9, 1947 and Recorded February 14, 1947 In Book 1402 of Official Records at Page 430, Santa Clara County Records; thence from said point of beginning, along the Northwesterly line of said Parcel, South 26° 45' 45" West 150.00 feet to the most Westerly comer thereof; thence along the Southwesterly line thereof, South 63° 15' East 25.00 feet; thence along the Southeasterly line thereof, North 26° 45' 45" East 150.00 feet to a point in the Southwesterly line of said Dana Street; thence along said line, North 63° 15' West 25.00 feet to the point of beginning. And being a portion of Lot 2, Block 1, Range 3 South, Map of Villa Lands at Mountain View Railroad Station. PARCEL SEVEN: Beginning at the most Westerly corner of that certain property conveyed by Theresa Mlnjoulet, Pierre Palilessou, and Marguerite Minjoulet, by Deed dated May 29, 1940 and Recorded July 3, 1940 In Book 988 of Official Records at Page 543, Santa Clara County Records; thence along the Northwesterly line of said Parcel, North 26° 45' 45" East 90.00 feet to the most Northerly corner thereof; thence along said Northeasterly line South 63° 15' East 5.00 feet; thence South 26' 45' 45" West 90.00 feet to a point in the Southwesterly line thereof; thence along said line, North 63° 15' West 5.00 feet to the point of beginning. And being a portion of Lot 1, Block 1, Range 3 South, Map of Villa Lands at Mountain View Railroad Station. PARCEL EIGHT: Beginning at an x cut In the sidewalk on the Northwesterly line of castro 5treet where the same Is intersected by the dividing line between Lots 1 and 4 In Block 1, Range 3 South, as shown upon the Map herlllnai'ter referred to; thence running South 26' 46' 05" West along the Northwesterly line of Castro Street 74.96 feet to an iron pipe set at the True Point of Beginning of this description; thence leaving said line and runnlog North 63° 14' 05" West 143.18 feet to a 1/2 inch Iron pipe set in the dividing line between Lots 3 and 4 In said 810ck 1, Range 3 South; thence North 26° 45' 45" East along said dividing line 74.95 feet to the common comer of Lots 1, 2, 3, and 4 In said Block 1, Range 3 South; thence along the dividing line between said Lots 1 and 4, South 63° 14' OS" East 5.00 feet; thence leaving said line South 26° 45' 45" West 64.95 feet; thence South 63° 14' 05" East 138.19 feet to a point In the Northwesterly Ine of said castro Street; thence along said line, South 26° 46' 05" West 10.00 feet to the true point of beginning; and being a portion of Lot 4 in Block 1, Range 3 South as shown and delineated on that certain Map entitled, "Nap of Villa Lands at Mountain View Railroad Station, the property of D.B. Bailey", and which said Map was Recorded January 26, 1887 In the Office of the Recorder of the County of Santa Clara, State of California in Book "8" of Maps, Page 45, and also being shown upon that certain Map of Record of Survey filed for record In the Office of the Recorder of the County of Santa Clara, State of California, on August 4, 1958 in Book 96 of Maps, Pasge 9. Being a portion of that certain property 3 Lot Bcok Guilmt!o! etTA Gl.Qrant:ee form Ho.ll(t5/q'91) .......... , .... �'<!' : .. ,�.;". �. :.:, .. :::;""'-,·1 ".:.:.l:,:: .'.-.N ': � •...... , Exhibit "A" (continued) ',;; �,��:.:,: .. '" ::h.-.. ·· Guarantee No, CAFNT0943-0943-00S1-00S1056970-FNTIC-2013-G12 deeded by F.L. Campen by Deed dated April 15, 1958 and Recorded May 16, 1958 in Book 4075 of Official Records at Page 642, Santa Clara County Records. PARCEL NINE: Beginning at a point in the Southeasterly line of Bryant Street at the most Northerly corner of that certain Parcel of Land conveyed by Theresa Garcia GlmlneS, by Deed dated May 17, 1950, and Recorded May 17, 1950 in Book 1980 of Official Records, Page 346, Santa Clara County Reconds; thence from said point of beginning along the Southeasterly line of said Bryant Street, Sooth 25° 45' 15" West 75.00 feet; thence along the Southwesterly line of said Parcel, South 53° J4' 34" East 150,18 feet to the most Southerly corner thereof; thence along the Southeasterly line theroef, North 26° 45' 45" East 75.00 feet to the most Easterly comer of said Parcel; thence North 53° 14' 34" West 150.19 feet to the pOint of beginning. And being that certain Parcel of land conveyed by Glmlnes as above described. And also being a portion of Lot 3, Block 1, Range 3 South, Map of Villa Lands at Mountain VI� Railroad Station, the property of D.B. Bailey, Recorded January 26, 1887 In Book "B" of Maps, Page 45, Santa Clara County Reconds. PARCEL TEN: Beginning at the point of intersection ofthe Northerly line of California Street with the Easterly line of Bryant Street, as said Streets are shown upon the recorded Map hereinafter referred to; thence running Northerly and along the Easterly line of Bryant Street, 100 feet; thence Easterly and parallel with the Northerly line of California Street, 150 feet to a point on the dividing line betwen Lots 5 and 6 in Block 1 Range 3 South, as shown upon the recorded Map hereinafter referred to; thence running Southerly and along said dividing line, 100 feet to a point on the Northerly line of California Street; thence running Westerly and along the Northerly line or California Street, 150 feet to the point of beginning, and being the Southerly 100 feet of Lot 6 In Block 1 Range 3 South as shown upon that certain Map enb�ed, "Map of Villa Lands at t�ountain View Railroad Station, the property of D.B. Bailey, Subdivided January 1776", and which said Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on January 26, 1887 In Book "B" of Maps at Page 45. EXCEPTING THEREFROM so much thereof as described in the Deed from Jennie Trlplano also known as Jennie Mazzola Triplano, a widow, to City of Mountain View, A Municipal Corporation, dated October 21, 1959.arid Recorded February 9, 1960 in Book 4690 Official Records, Page 52 as follows: BEGINNING at the most Easterly comer of that certain Parcel of land conveyed by J.$. �lockbee and Emma Mockbee, husband and wife, by Deed dated March 14, 1933 and Recorded March 28, 1933 in Book 646 of Official Records, at Page 116, Santa Clara County Records; thence from said point of beginning along the Northeasterly line of said Parcel North 63° 13' 59" West 30.00 feet; thence South 26° 45' 45" West 99.93 feet to a point in the Northeasterly line of California Street; thence along said line, South 53° i3' 41" East 30.00 feet to the most Southerly corner of said Parcel; thence North 26° 45' 45" East 99.93 feet to the point of beginning; and being a portion of Lot 6, Block 1, Range 3 South, Map of Villa Lands at Mountain View Railroad Station, the property of D.B. Bailey, Recorded on January 26, 1887 In Book "8" of Maps at Page 45, Santa Clara County Records, APN: 158-12-051 4 Lot Book G.!iral\tee a. T A Gl.W3ntee Fo.'TIl No.12 (€/6(92) Parking Structtues ExhibitB Net Book Value 73.4% 55.4% NBV NBV Fiscal Year Parking Parking ending Structtue Structtue June 30, No.1 No.2 2015 1,101,551 5,813,585 2016 1,025,582 5,634,705 2017 949,613 5,455,826 2018 873,644 5,276,946 2019 797,675 5,098,067 2020 721,706 4,919,187 2021 645,737 4,740,308 2022 569,768 4,561,428 2023 493,799 4,382,549 2024 417,830 4,203,669 2025 341,861 4,024,790 2026 265,892 3,845,910 2027 189,923 3,667,030 2028 113,954 3,488,151 2029 37,985 3,309,271 2030 3,130,392 2031 2,951,512 2032 2,772,633 2033 2,593,753 2034 2,414,874 2035 2,235,994 2036 2,057,115 2037 1,878,235 2038 1,699,356 2039 1,520,476 2040 1,341,597 2041 1,162,717 2042 983,837 2043 804,958 2044 626,078 2045 447,199 2046 268,319 2047 89,440 2048 IICastrolcitysharelRDAILRPMPIParking Structures NBV ExhB.xlsx 51212014 FY 2014-15 Revenue -$ 283,205.00$ RDA Percentage of Revenue 73.4%55.4% Taxing Entities Allocation -$ 156,895.57$ Taxing Entities Santa Clara County 14.08527%-$ 22,099.16$ Mountain View 14.56277%- 22,848.35 Mountain View Elementary 17.69125%- 27,756.79 Mountain View-Los Altos Union High 14.31899%- 22,465.87 Foothill-DeAnza Community College 6.40956%- 10,056.32 County School Service 3.45019%- 5,413.19 Midpeninsula Regional Open Space District 1.56699%- 2,458.54 SCVWD North West Zone 1 1.17756%- 1,847.54 Santa Clara Valley Water District 0.16504%- 258.94 El Camino Hospital 1.77848%- 2,790.36 Bay Area Air Quality Management District 0.18617%- 292.09 Mountain View Parking District No.02 10.31571%- 16,184.89 SCC Importation Water-Misc District 0.49163%- 771.35 SCVWD West Zone 4 0.12672%- 198.82 ERAF 13.67365%- 21,453.36 Total 100.0000%-$ 156,895.57$ Source of Allocation Factors: Santa Clara County Allocation Factors Attachment 6 Compensation Estimate for Each of the Taxing Entities Parking Structure No. 1 Parking Structure No.2 Revenue Allocation Revenue Allocation Compensation Agreement_Attachment 6_Compensation Percentages.xlsx 5/2/2014 R-14-82 Meeting 14-15 June 11, 2014 AGENDA ITEM 8 AGENDA ITEM Construction Contract for the Bald Mountain Parking Area at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a contract with TKO General Engineering and Construction Inc., (TKO), of Woodside, CA, for an amount not-to-exceed $360,000, which includes the bid amount of $313,128 plus a 15% contingency of $46,872, to construct the Bald Mountain Parking Area at Sierra Azul Open Space Preserve (Preserve). SUMMARY A Request for Bids for construction services for the Bald Mountain Parking Area was issued on April 21, 2014. Four bid proposals were received and opened on Thursday May 15, 2014. Evaluation of the bids revealed that the low bidder, TKO, presented a complete and responsive bid package. Therefore, the General Manager recommends awarding a contract for construction services for the Bald Mountain Parking Area Project (Project) to TKO for a total amount not-to- exceed $360,000, which includes the bid amount of $313,128 plus a 15% contingency amount of $46,872. The FY2014-15 Budget includes sufficient funds for this Project. Construction costs are anticipated to be entirely reimbursed by the State Coastal Conservancy as part of the Mount Umunhum Project Grant (R-13-45). DISCUSSION Background The Bald Mountain Parking Area Project is a key component to extending public access into the Mount Umunhum region of Sierra Azul Open Space Preserve. Located 1.7 miles southwest of Hicks Road along Mt. Umunhum Road, the Project includes the following elements: • Grading and compaction, including substantial excavation and slope re-building • Relocation of an underground telephone line • Construction of a grade beam and dry-stack stone retaining/seating wall • Construction of a 24-space paved parking lot (including one ADA space) plus 4 paved roadside spaces • Construction of a pervious concrete driveway • Installation of stormwater drainage to manage flows from large storm events, plus other erosion control • Installation of fences, gates, and signs R-14-82 Page 2 Once constructed, the parking area will provide access to the future Mount Umunhum Trail and the existing Bald Mountain Trail. The Mount Umunhum Trail is anticipated to be opened to the public in 2017, linking the new parking area to the summit. Contractor Selection The Request for Bids was issued on April 17, 2014 and sent to eighteen contractors and five builders’ exchanges. Legal notices were posted in the Half Moon Bay Review, the San Jose Mercury News and the San Francisco Chronicle. The Invitation to Bid was also posted on the Midpeninsula Regional Open Space District (District) website. A mandatory pre-bid meeting was held at the Project site on May 1, 2014, and was attended by seven contractors. Sealed bids were due on May 15, 2014, and four bids were received and opened with the results as follows: Bidder Location Total Bid Percent Difference from Engineer’s Estimate of $319,386 1. Galeb Paving Saratoga $452,876.25 +42% 2. VEM General Engineering Hayward $411,677.70 +29% 3. GradeTech General Engineering Contractor San Ramon $346.550.40 +9% 4. TKO General Engineering and Construction Woodside $313,128.70 −2% The Public Contract Code and Public Resources Code section 5542 provide that public construction contracts are awarded to the lowest responsive and responsible bidder. A “responsible bidder” is defined as “a bidder who has demonstrated the attributes of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the Contract” (Pub. Contr. Code § 1103) and a “responsive” bid is one that, on its face, conforms to the material terms of the bid package. Upon review of the Bid Proposals, and confirmation of the contractors' qualifications, the General Manager recommends awarding the contract to TKO as the lowest responsible bidder who submitted a responsive bid. FISCAL IMPACT In light of the District’s recent experience at the El Corte de Madera Staging Area, careful consideration, as well as third party review, was incorporated in the stormwater treatment design process for the Project. Nevertheless, a 15% contingency amount is requested for this Project. Because site topography limits the size of stormwater drainage basins, soils within the basins must drain rapidly. Additional excavation and/or drainage structures (such as drain rock or perforated pipe) may be required if basin testing indicates slower infiltration rates than expected. Contingency funds would be used in this case or for other unknown conditions should they arise during excavation and construction. R-14-82 Page 3 The $360,000 contract amount is included in the FY2014-15 Project Budget and will be entirely reimbursed as part of a $1M State Coastal Conservancy Grant awarded to the Mount Umunhum Project. BOARD COMMITTEE REVIEW This item was subject to full Board review and received Board approval as part of the larger Mount Umunhum Environmental Restoration and Public Access Project (Report R-12-91). PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE Construction of the Bald Mountain Parking Area project was fully analyzed under the California Environmental Quality Act as part of the Mount Umunhum Environmental Restoration and Public Access Project (Report R-12-104), which was certified on October 17, 2012. No significant effects on the environment will occur as a result of the project. NEXT STEPS Upon approval by the Board of Directors, the General Manager would enter into a contract with TKO to perform construction services for the Project. Activation of the contract is subject to the contractor meeting all District requirements, including required insurance and bonding. Once paperwork and contract signatures are in place, the Project is scheduled to begin in July and be completed in October 2014. Responsible Department Head: Meredith Manning, Co-Acting Planning Manager Prepared by: Lisa Bankosh, Planner III