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HomeMy Public PortalAbout20140709 - Agenda Packet - Board of Directors (BOD) - 14-16 REGULAR MEETING BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office – Board Room 330 Distel Circle, Los Altos, CA 94022 Wednesday, July 9, 2014 REGULAR MEETING BEGINS AT 7:00 P.M. A G E N D A 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA CONSENT CALENDAR 1. Approve Minutes of the June 25, 2014 Special and Regular Board Meetings 2. Approve Claims Report 3. Professional Services Contract for the Hendrys Creek Stream Channel Restoration Project (R-14-93) Staff Contact: Meredith Manning, Senior Planner and Mike Williams, Real Property Manager General Manager’s Recommendation: Authorize the General Manager to enter into a professional services contract with Ascent Environmental, Inc., of Sacramento, CA, for $35,000 plus a contingency of $5,000, for a total contract amount not to exceed $40,000, to complete the California Environmental Quality Act review process for the Hendrys Creek Restoration Project at Sierra Azul Open Space Preserve. 4. Certification of June 3, 2014 Election Results – Ballot Measure AA (R-14-91) Staff Contact: Jennifer Woodworth, District Clerk General Manager’s Recommendation: Adopt a Resolution Declaring Canvass of Returns and Results of the Special District Election held on June 3, 2014 for the purpose of submitting to the voters Measure AA. 5. Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of General Obligation Bonds (R-14-92) Meeting 14-16 Staff Contact: Mike Foster, District Controller District Controller’s Recommendation: Adopt a Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of General Obligation Bonds BOARD BUSINESS 6. Interim Grazing License for the Apple Orchard Grazing Unit at La Honda Creek Open Space Preserve (R-14-94) Staff Contact: Elaina Cuzick, Real Property Specialist General Manager’s Recommendation: 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA), as set out in this report. 2. Authorize the General Manager to execute an interim grazing license to Wilson Cattle Company for the Apple Orchard Grazing Unit based on the terms and conditions set forth in the attached interim grazing license. 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 July 2, 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 2nd day of July, 2014, at Los Altos, California. June 25, 2014 Board Meeting 14-15 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 June 25, 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 6:00 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens Members Absent: Yoriko Kishimoto Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Kevin Woodhouse, and Real Property Manager Mike Williams. 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 The Board of Directors convened into Closed Session at 6:00 p.m. in the Long Ridge Conference Room. IV. ADJOURNMENT President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 7:00 p.m. Meeting 14-15 Page 2 REGULAR MEETING I. CALL TO ORDER President Harris called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:05 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens Members Absent: Yoriko Kishimoto Staff Present: General Manager Steve Abbors, General Counsel Sheryl Schaffner, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Public Affairs Manager Shelly Lewis, Website Administrator Cydney Bieber, Administrative Services Manager Kate Drayson, Senior Management Analyst Lynn Tottori, Natural Resources Manager Kirk Lenington, Real Property Manager Mike Williams, Co-Acting Planning Manager Tina Hugg, Co-Acting Planning Manager Meredith Manning, Planning Manager Jane Mark, Human Resources Supervisor Candice Basnight, and Management Analyst Gordon Baillie 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 No speakers present. V. ADOPTION OF AGENDA Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Kishimoto absent) VI. SPECIAL ORDER OF THE DAY Assistant General Manager Ana Ruiz introduced Jane Mark the new Manager of the Planning Department. Ms. Mark provided comments related to her previous work with open space and dedication to promoting partnerships with other agencies. Meeting 14-15 Page 3 Director Riffle thanked former Co-Acting Planning Managers Tina Hugg and Meredith Manning for their service. Volunteer Program Manager Paul McKowan thanked District staff and Director Riffle for their assistance in training the Volunteer Trail Patrol members and introduced four new Volunteer Trail Patrol members: • Louise Wholey • Gregory Verrilli • Huey Shin • Lee Courtney Media Communications Supervisor Amanda Kim introduced Website Administrator Cydney Bieber who provided a presentation regarding the District’s use of social media platforms to increase public awareness of the District. Ms. Bieber summarized how the District is currently using various social media platforms, including Facebook, Twitter, and Instagram, to promote the District and its preserves. VII. CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings of June 11, 2014. 2. Approve the Claims Report Public hearing opened at 7:12 p.m. No speakers present. Public hearing closed at 7:12 p.m. Motion: Director Hanko moved, and Director Riffle seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Kishimoto absent) VIII. BOARD BUSINESS 3. Presentation of Measure AA Exit Poll Results (Voter Response Poll) (R-14-90) General Manager Steve Abbors introduced Dr. George Manross of the Strategic Research Institute who provided a presentation summarizing an exit poll conducted on June 3rd and 4th following the June 3, 2014 election. The exit poll sought to measure awareness of the District and voters’ perception of Measure AA. Dr. Manross described the results of the exit poll and how they compared to the election results, including breakdowns of the voting by various demographics. Finally, Dr. Manross made suggestions for the District going forward to continue to reach more members of the public. Public hearing opened at 8:13 p.m. No speakers present. Meeting 14-15 Page 4 Public hearing closed at 8:14 p.m. No Board action required. 4. Year-End Review of the Fiscal Year 2013-14 District Budget and Expenditure (R- 14-85) General Manager Steve Abbors introduced Senior Management Analyst Lynn Tottori who provided the staff report summarizing the District’s budgeted and actual expenditures for Fiscal Year 2013-14. Ms. Tottori summarized streamlining processes that were implemented during FY2013-14. Board members asked several questions regarding Rancho San Antonio and the District’s agreement with Santa Clara County related to the property. Public hearing opened at 8:46 p.m. No speakers present. Public hearing closed at 8:46 p.m. Motion: Director Riffle moved, and Director Cyr seconded the motion to accept the Year-End Review of the Fiscal Year 2013-14 Budget and Expenditures. VOTE: 6-0-0 (Director Kishimoto absent) IX. COMMITTEE REPORTS No committee reports provided. X. STAFF REPORTS Mr. Abbors provided comments on a variety of projects currently underway which are related to the implementation of Measure AA, including the Organizational Study, Vision Plan Implementation, creation of the Oversight Committee, and transformation of the District’s financial model. The end result should be more of a steady-state for the organization, but the Board and District staff should expect another year of change to achieve that goal. Director Hanko noted the importance of the Oversight Committee and the role the Citizen’s Advisory Committee. XI. DIRECTOR REPORTS The Board submitted their compensatory forms to the District Clerk. Director Siemens reported that he has visited a variety of local and national parks recently. Meeting 14-15 Page 5 Director Riffle reported that he met with Supervisor Horsley and discussed opportunities to work together and will be addressing the docent class. Director Cyr reported his attendance at the Mt. Umunhum staff event and very much enjoyed hiking the new trail and attended the Bay Area Ridge Trail event. Director Hassett also attended the staff event at Mt. Umunhum and was able to hike the new trail and commented on the impressive nature of the trail. Director Hassett also attended the Bay Area Ridge Trail event and discussed the high quality of trail work done by field staff. XII. ADJOURNMENT President Harris adjourned the regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:06 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk Page 1 of 2 CLAIMS REPORT MEETING 14-16 DATE 07-09-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 67029 11098 - M-T METAL FABRICATION INC Signboard Replacement Project (MB/LR/TW)07/01/2014 $18,910.54 67009 10141 - BIG CREEK LUMBER CO INC Bridge Construction Materials Ancient Oaks Trail (RR)07/01/2014 $11,962.65 Olijon Puncheon Construction Materials (ECM)07/01/2014 67020 10345 - GLOBAL STEEL FABRICATORS INC Steel Gates for Bald Mountain Parking Area (SAU)07/01/2014 $9,066.62 67028 10304 - LA HONDA PESCADERO UNIFIED SCHOOL DISTRICT LHPUSD Semi-Annual Tax Compensatory Fees 07/01/2014 $8,310.24 67016 10036 - DON WADE ELECTRIC CO Electrical Hazard Repair (SAO)07/01/2014 $4,400.00 67041 11033 - THE CREATIVE GROUP Temp. Public Affairs Assistant - Emily Mello 07/01/2014 $4,051.08 67037 11108 - SAN MATEO COUNTY San Mateo County Fire Service Fee 07/01/2014 $3,136.41 67034 10140 - PINE CONE LUMBER CO INC Bridge Construction Materials for Ancient Oaks Trail (RR)07/01/2014 $2,824.70 Field Tools 07/01/2014 67027 10313 - JOHN SHELTON INC Culvert Pipe for Ancient Oaks Trail (RR)07/01/2014 $2,740.50 67040 10302 - STEVENS CREEK QUARRY INC Base Rock for Parking Lot (SAO)07/01/2014 $2,639.87 67023 10222 - HERTZ EQUIPMENT RENTAL INC Excavator Rental (FOOSP)07/01/2014 $2,391.41 67033 *10180 - PG & E Electric for Well Pump (SR)07/01/2014 $1,894.37 Electric RSACP/RSA/SFO/FFO Annex/SR/FOOSP/PC/FFO 07/01/2014 67024 11201 - INTERSTATE FENCE CO., INC.Hawthorn Fence Repair (WH)07/01/2014 $1,757.00 67007 10070 - ALVARO JARAMILLO Purple Martin, Avifauna, Butterflies Surveys & Consulting (SAU)07/01/2014 $1,453.50 67031 10925 - PAPE` MACHINERY Tractor Parts for Ancient Oaks Trail (RR)07/01/2014 $1,029.56 67004 10004 - ACCOUNTEMPS Accounting Temp 07/01/2014 $880.86 67021 11195 - GOODYEAR AUTO SERVICE CENTER Tires & Installation Of Tires - P94 07/01/2014 $860.01 67006 10120 - ADT SECURITY SERVICES INC Alarm Monitoring Services 7/1/14-9/30/14 (SFO)07/01/2014 $841.68 67032 10253 - PETERSON TRACTOR CO Tractor Bit for Ancient Oaks Trail Construction (RR)07/01/2014 $766.05 67026 10794 - JOHN NORTHMORE ROBERTS & ASSOC Bidding Administration Bald Mtn Staging Area (SAU)07/01/2014 $660.00 67010 10011 - BILL'S TOWING SERVICE Towing Services - M46/M353 07/01/2014 $602.25 67019 10169 - FOSTER BROTHERS SECURITY SYSTEMS Padlocks (SFO)07/01/2014 $577.70 67005 10240 - ACE FIRE EQUIPMENT & SERVICE INC Fire Extinguishers & Brackets 07/01/2014 $527.29 67038 10447 - SIMMS PLUMBING & WATER EQUIPMENT Well Pump & Booster System Repairs at Rental Residence 07/01/2014 $504.11 67014 11171 - COMMUNICATION ADVANTAGE Measure AA Information Services May 2014 07/01/2014 $375.00 67042 10121 - THE WORKINGMAN'S EMPORIUM Uniform Items for New Employee 07/01/2014 $354.83 67015 10032 - DEL REY BUILDING MAINTENANCE Janitorial Supplies (AO)07/01/2014 $234.34 67035 10182 - ROYAL BRASS INC Parts for Excavator 07/01/2014 $209.72 67022 *10173 - GREEN WASTE-11089 Garbage & Recycle Service 07/01/2014 $206.09 67025 10051 - JIM DAVIS AUTOMOTIVE Vehicle Maintenance & Repairs - M39 07/01/2014 $155.56 67013 10385 - COASTAL SIERRA INC Internet Service (SFO)07/01/2014 $109.00 67018 *10186 - FEDERAL EXPRESS Shipping Charges (AO)07/01/2014 $99.83 67036 10136 - SAN JOSE WATER COMPANY Water Service - Rental Residences 07/01/2014 $83.83 67043 *10309 - VERIZON WIRELESS Cell Phone Service June 2014 07/01/2014 $80.87 67008 10010 - ARRANGED4COMFORT Desk Chair Repair 07/01/2014 $75.00 67011 10684 - BUTANO GEOTECHNICAL ENGINEERING Geotechnical Services for Pond DRO5 (LHC)07/01/2014 $75.00 67017 11151 - FASTENAL COMPANY Field Supplies - Tools 07/01/2014 $65.85 67030 10670 - O'REILLY AUTO PARTS Two Cases of Windshield Washer Fluid 07/01/2014 $39.15 67044 11176 - ZORO TOOLS Tools (SFO)07/01/2014 $38.66 1182 **10172 - CALIFORNIA WATER SERVICE CO-3525 Water Services - Hawthorn 06/26/2014 $35.79 67012 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service (WH)07/01/2014 $35.69 Page 2 of 2 CLAIMS REPORT MEETING 14-16 DATE 07-09-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Check Number Notes Vendor No. and Name Invoice Description Check Date Payment Amount 67003 *10811 - A T & T Nature Center Telephone (SR)07/01/2014 $32.66 67039 10157 - STAPLES CREDIT PLAN Clip Boards (FFO)07/01/2014 $10.88 Grand Total $85,106.15 *Annual Claims **Hawthorn Expense 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-14-93 Meeting 14-16 July 9, 2014 AGENDA ITEM 3 AGENDA ITEM Professional Services Contract for the Hendrys Creek Stream Channel Restoration Project GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with Ascent Environmental, Inc., (Ascent) of Sacramento, CA, for $35,000 plus a contingency of $5,000, for a total contract amount not to exceed $40,000, to complete the California Environmental Quality Act (CEQA) review process for the Hendrys Creek Restoration Project at Sierra Azul Open Space Preserve. SUMMARY A qualified environmental consultant is needed to assist the Midpeninsula Regional Open Space District (District) in preparing CEQA environmental review documents that will assess a proposed stream channel restoration plan for the 117.14-acre Hendrys Creek property (Property), which is currently managed by the District under a Lease and Management Agreement with Peninsula Open Space Trust (POST). The proposed consultant (Ascent) was pre-qualified to perform CEQA under a Request for Proposals issued in July 2013. The District proposes to purchase the Property in partnership with the Santa Clara Valley Water District (SCVWD) as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. The Board-approved FY2014-15 budget contains sufficient funds to cover the upfront cost of the contract, which will be subsequently reimbursed by SCVWD as part of the purchase partnership. BACKGROUND The Property is located east of Lexington Reservoir and includes the majority of the perennial Hendrys Creek (Attachment 1). The Property is currently owned by POST and managed by the District under a Lease and Management Agreement. The District proposes to purchase the Property in partnership with SCVWD who would pay the full purchase price of $1,500,000 to POST with the District taking fee ownership. In exchange, the District would concurrently convey a conservation easement to SCVWD. In 2013, the District extended the lease agreement with POST to provide additional time to work with SCVWD to finalize a conservation easement and Long-Term Management Plan for the Property in accordance with SCVWD’s Multi-Year Stream Maintenance Program (SMP). The goal of SCVWD’s SMP is to preserve, protect, and improve the ecological condition of selected local streams and their associated watersheds. The SMP includes oversight by three regulatory agencies (Regional Water Quality Control Board, State Fish and Wildlife, and the Army Corps of Engineers). Multiple rounds of regulatory agency comments and new requirements, as well as the Planner position vacancy in the Real R-14-93 Page 2 Property department, have delayed finalization of the conservation easement and Long-Term Management Plan. DISCUSSION Once the transactional documents are finalized with SCVWD and the regulatory agencies, the District will take the lead in completing an environmental/CEQA analysis of the Long-Term Management Plan. This analysis will be done with the assistance of outside consulting services and be fully reimbursed by SCVWD. The CEQA findings will be incorporated into a future land purchase proposal that will be brought to the Board at a later date. The General Manager recommends entering into a contract with Ascent to provide the environmental/CEQA consulting services needed for the Project. Ascent was part of a consultant team who responded to a Request for Proposals (RFP) issued in July 2013 to provide a variety of professional services for upcoming District projects and was deemed well-qualified to provide environmental/CEQA consulting services. This qualification was based on their experience working with the various regulatory agencies involved with the project (Regional Water Quality Control Board, Army Corps of Engineers, and CA Department of Fish and Wildlife, and US Department of Fish and Wildlife) and their proven ability to deliver a superior product on a very tight schedule. Per the Board-approved Public Contract Bidding, Vendor, and Professional Consultant Selection and Purchasing Policy, consultants may be deemed qualified for future work as part of RFPs for a period of up to two years from determination of the qualification (Section III.D.7). Ascent was deemed qualified under the 2013 RFP and was contacted to provide a proposal for this Project. In response, Ascent attended a site visit and provided a robust proposal to evaluate the proposed restoration work for the Property as described in the Long-Term Management Plan at a rate that was approved by SCVWD for reimbursement. The Long-Term Management Plan for the Property (which is under review by the regulatory agencies) would provide the Project description under CEQA. FISCAL IMPACT The FY2014-15 Real Property Budget includes $40,000 for these consultant services. Costs for the contract would be paid up front by the District and subsequently reimbursed by SCVWD. BOARD COMMITTEE REVIEW The Real Property Committee reviewed the proposed partnership purchase with the SCVWD, including the conservation easement and Long-Term Management Plan at a public meeting on the property on October 2, 2012. The Board of Directors approved the Lease and Management Agreement for the Hendrys Creek property with POST in 2011 (Report R-11-84), and an extension to the lease in 2013 (Report R-13-77). PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE R-14-93 Page 3 It is anticipated that a Mitigated Negative Declaration will be prepared for the Project. NEXT STEPS If this item is approved by the Board, the General Manager will enter into a contract agreement with Ascent to conduct the CEQA review process, which is anticipated to be completed by the end of the calendar year. Concurrently, the District will work to finalize the conservation easement and the Long-Term Management Plan with SCVWD and the regulatory agencies, and bring the proposed purchase with the completed CEQA review to the Board for consideration of approval. Attachment 1. Property map Responsible Department Head: Meredith Manning, Senior Planner, (recently Co-Acting Planning Manager) Michael Williams, Real Property Manager Graphics prepared by: Casey Hiatt, GIS Coordinator H e n d r y s C r e e k LosGatos C r e e k SA17 SA19 Valoff/Pezzoli 2 F o r m e r S o d a S p ri n g s T r a il Road Heig h t s Road C h a r l i e Holy Cit y R d. Broadway R e dwood R y la n dRes. R o a d Heights Laurel Rd. R o a d G u l c h H o o k e r Cathedr al Oaks Area S i e r r a A z u l O p e n S p a c e P r e s e r v e S a n J o s e W a t e r C o m p a n yDrive Rd. Weaver Road S prings Soda Roa d A i r p o r tStewart Dr. Pan o r amaD r . TrailClosed OldSant a Cru z H w y. Cathedr al Oak s Area T r a il C l o s e d 2716 Ralph's Mountain Alm a d e n Loma Aldercroft Mountain W ea v e r Locus t D r. 1 Al d e r c r o ft Summit 17 L ex in g to nRes. S a n J o s e W a t e rCompan y Midpe n in s ul a Reg io na lOpen S pa ce D is tr ictPOST (He n d rys Cr ee k ) P ro pe rt y, C a t he d ra l Oa k s A re a o f S i er ra A z u l OS P June, 2014 Path: G:\Projects\Sierra_Azul\HendrysCreek\Hend rysCreek_Corrected Parc els. mx d Created By : mchilds Los Gatos 0 0.950.475Miles (MROS D) Area ofDetail S i e r r aAzul Whi le th e Distric t str ive s to use the b est av ailab le d igital d ata, th is d ata d oe s no t rep rese nt a leg al surve y and is m er el y a g ra ph ic illu stratio n o f ge og rap hi c f eatu r es. MRO S D C on s er va t ionor Ag ri cul t ur a l Eas eme nt POST (Hendrys Creek)Parcels 17 17 35 Parcel 1 Parcel 2 Parcel 3 Land Tr ust Ot he r Pr ot ecte d O pe n Sp a ceor Pa rk Lan ds Pr ivate Pr op er tyOther P ub l ic Age nc y Water s h ed L a nd Non M RO SD C on ser v ation or Ag ri cul tur al Ea s em e nt M RO SD O pe n Sp ace Pr es e r v es PO ST (He nd r ys Cr e ek) Pa r ce ls R-14-91 Meeting 14-16 July 9, 2014 AGENDA ITEM 4 AGENDA ITEM Certification of June 3, 2014 Election Results – Ballot Measure AA GENERAL MANAGER’S RECOMMENDATION Adopt the Resolution Declaring Canvass of Returns and Results of the Special District Election held on June 3, 2014 for the purpose of submitting to the voters Measure AA. SUMMARY On June 3, 2014 the voters of the District approved Measure AA by 68%. A 2/3 majority was required for approval for issuance of the general obligation bonds. DISCUSSION A Special District Election was held on June 3, 2014 for the purpose of submitting to the voters Measure AA. The Santa Clara County Registrar of Voters has canvassed the returns of the election and certified the results on July 1, 2014. The San Mateo County Registrar of Voters has canvassed the returns of the election and certified the results on July 1, 2014. The Santa Cruz County Registrar of Voters has canvassed the returns of the election and certified the results on June 23, 2014. The Measure was approved by the voters. The Certificates of Election Results are attached to the resolution declaring the vote (Attachment 1). The following measure was submitted to the voters on June 3, 2014: YES To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beauty of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpeninsul a Regional Open Space District be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee? NO Measure AA required approval of a 2/3 majority of voters to be effective. By declaring that 2/3 of voters did vote in favor of the measure, it will be deemed adopted as of the date of this action, by the electors of the District. A copy of the ordinance is included as Attachment 2. R-14-91 Page 2 FISCAL IMPACT The District is authorized to issue up to $300 million in General Obligation Bonds, for use on the capital improvements elements of the priority actions set out in the Expenditure Plan of Ordinance 2014-02 (Tier One Priority Actions of the Vision Plan). BOARD COMMITTEE REVIEW Board Committee review of this item is not required by the Board Policy Manual. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The proposed resolution does not constitute a project under the California Environmental Quality Act (CEQA) (14 Cal. Code. Regs., section 15378(b)(4)). NEXT STEPS District staff will recommend a Board-approved process for prioritizing the Tier 1 Vision Plan priority actions to prepare for funding that will be made available through the sale of General Obligation Bonds authorized by the passage of Measure AA. Attachments 1. Resolution Declaring Canvass of Returns and Results of the Special District Election held on June 3, 2014 2. Ordinance No. 2014-02 Responsible Department Head: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Resolutions/2014/14-XX_Certify Election Results 1 RESOLUTION 14-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING THE CANVASS OF RETURNS AND RESULTS OF THE CONSOLIDATED SPECIAL DISTRICT ELECTION HELD ON JUNE 3, 2014 WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (District) duly called and ordered held in the District on Tuesday, June 3, 2014, a consolidated special district election and submitted to the voters Measure AA proposing authorization of general obligation bonds not to exceed $300 million for the purpose of providing public access and acquiring, restoring and preserving open space throughout the District; and WHEREAS, the Registrars of Voters in Santa Clara, San Mateo, and Santa Cruz Counties were requested to perform all necessary election procedures for the consolidated special district election; and WHEREAS, the Santa Clara County Registrar of Voters did canvass the returns of the consolidated special district election, and did certify to this Board of Directors the results of the votes cast at said election, which results are attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, the San Mateo County Registrar of Voters did canvass the returns of the consolidated special district election, and did certify to this Board of Directors the results of the votes cast at said election, which results are attached as Exhibit "B" and incorporated herein by reference; and WHEREAS, the Santa Cruz County Registrar of Voters did canvass the returns of the consolidated special district election, and did certify to this Board of Directors the results of the votes cast at said election, which results are attached as Exhibit "C" and incorporated herein by reference; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: 1. The statement of the final results by the County of Santa Clara Registrar of Voters as shown in Exhibit "A" and the results of the votes cast at the consolidated special district election are hereby ratified, confirmed and approved. 2. The total numbers of votes cast in the District at the consolidated special district election and the number of votes cast in each precinct for and against the ballot measure, are as set forth in the Certification of Election Results from the County of Santa Clara Registrar of Voters, as shown in Exhibit "A". Attachment 1 Resolutions/2014/14-XX_Certify Election Results 2 3. The statement of the final results by the County of San Mateo Registrar of Voters as shown in Exhibit "B" and the results of the votes cast at the consolidated special district election are hereby ratified, confirmed and approved. 4. The total numbers of votes cast in the District at the consolidated special district election and the number of votes cast in each precinct for and against the ballot measure, are as set forth in the Certification of Election Results from the County of San Mateo Registrar of Voters, as shown in Exhibit "B". 5. The statement of the final results by the County of Santa Cruz Registrar of Voters as shown in Exhibit "C" and the results of the votes cast at the consolidated special district election are hereby ratified, confirmed and approved. 6. The total numbers of votes cast in the District at the consolidated special district election and the number of votes cast in each precinct for and against the ballot measure, are as set forth in the Certification of Election Results from the County of Santa Cruz Registrar of Voters, as shown in Exhibit "C". 7. At the consolidated special district election, the following measure was submitted to the voters, and the number of votes cast for and against the measure is as follows: To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural open spaces, the scenic beaut y of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpeninsula Regional Open Space District be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee? VOTE YES NO NUMBER 75,761 35,717 PERCENT 67.96% 32.04% 8. Measure AA required approval of a 2/3 majority of all voters to be effective, and because this Resolution declares that a 2/3 majority of voters voting on Measure AA did vote in favor of the measure, it is deemed adopted, as of the date of this Resolution, by the electors of the Midpeninsula Regional Open Space District. 9. The total number of ballots cast in the District at the consolidated special district election was 111,478 and the total number of votes given in each precinct of the District was as set forth in the canvass by the Registrars of Voters of Santa Clara, San Mateo, and Santa Cruz Counties. 10. The District Clerk of the Midpeninsula Regional Open Space District hereby is instructed to enter this Resolution on the minutes of the Midpeninsula Regional Open Space District as a statement of the results of the June 3, 2014 consolidated special district election. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Attachment 1 Resolutions/2014/14-XX_Certify Election Results 3 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 1 CERTIFICATE OF ELECTION RESULTS STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State of California, hereby declare: 1. A Gubernatorial Primary Election was held in the County of Santa Clara, in the Midpeninsula Regional Open Space District, on June 3,2014 for the purpose of submitting the following measure to the voters: AA To improve access to hiking and biking opportunities, protect and .preserve redwood forests, natural open spaces, the scenic beauty of our region and coastline, critical wildlife habitat, restore creeks to protect water quality, and reduce forest fire risk; shall Midpeninsula Regional Open Space District be authorized to issue up to $300 million in bonds, at a tax rate not to exceed $3.18 per $100,000 of assessed value of property owned, with expenditures verified by an independent citizen oversight committee? 2. The official canvass of the returns of the election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California. 3. The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure AA in each of the precincts and the total shown is true and correct. WITNESS my hand and Official Seal this 1s t day of July, 2014 . . �� Shannon Bushey, Registrar of Vot s Santa Clara County REGISTRATION & TURNOUT Santa Clara County Completed Precincts 1,026 of 1,026 Total Registration 805,922 PCT Reporting Ballots Cast 50,290 6.24% VBM B;iI�i�"6a:t"ots Cast 213,843 26.53% Total 264,133 32.77% GOVERNOR Completed Precincts 1.026 of 1,026 EDMUND G. "JERRY" BROWN 175,472 69.07% NEEL KASHKARI 25,607 10.08% TIM DONNELLY 24,783 9.76% ANDREW BLOUNT 4,517 1.78% CINDY l. SHEEHAN 3,700 1.46% LUIS J. RODRIGUEZ 3,381 1.33% GLENN CHAMP 3,362 1.32% RICHARD WILLIAM AGUIRRE 2,972 1.17% ALMA MARIE WINSTON 2,880 1.13% ROBERT NEWMAN 2,541 1.00% AKINYEMI AGBEDE 2,212 0.87% "BO" BOGDAN AMBROZEWICZ 876 0.34% RAKESH KUMAR CHRISTIAN 746 0.29% JANEL HYESHIA BUYCKS 517 0.20% JOE LEICHT 479 0.19% ---------------- Lieutenant Governor Completed Precincts 1,026 of 1,026 GAVIN NEWSOM 156,806 62.72% RON NEHRING 34,823 13.93% DAVID FENNELL 17,856 7.14% GEORGE YANG 16,556 6.62% ERIC KOREVAAR 14,073 5.63% JENA F. GOODMAN 5,079 2.03% ALAN REYNOLDS 2,457 0.98% AMOS JOHNSON 2,374 0.95% Run DatelTime: 7/1/14 8:35:59 AM Official Final Results Cumulative Totals Secretary of State Completed Precincts 1,026 of 1,026 ALEX PADILLA 85,675 36.64% PETE PETERSON 54,064 23.12% LELAND YEE 24,583 10.51% DEREK CRESSMAN 19,642 8.40% DAN SCHNUR 19,382 8.29% JEFFREY H. DROBMAN 13,619 5.82% ROY ALLMOND 8,973 3.84% DAVID CURTIS 7,890 3.37% State Contro ller Completed Precincts 1,026 of 1,026 BETIY T. YEE 65,514 28.14% JOHN A. PEREZ 63,300 27.19% DAVID EVANS 42,829 18.40% ASHLEY SWEARENGIN 34,853 14.97% LAURA WELLS 14,183 6.09% TAMMY D. BLAIR 12,102 5.20% State Treasurer Completed Precincts 1,026 of 1,026 JOHN CHIANG 153,212 64.19% GREG CONLON 66,102 27.69% ELLEN H. BROWN 19,389 8.12% Attorney General Completed Precincts 1,026 of 1,026 KAMALA D. HARRIS 152,656 63.70% Attorney General Completed Precincts RONALD GOLD DAVID KING JOHN HAGGERTY PHIL WYMAN ORLY TAITZ JONATHAN JAECH Insurance Commissioner Completed Precincts DAVE JONES TED GAINES NATHALIE HRIZI Board of Equalization, District 2 Completed Precincts FIONA MA JAMES E. THEIS ------------------ US Representative, District 17 Completed Precincts MIKE HONDA RO KHANNA VANILA SINGH JOEL VANLANDINGHAM SCC_20140603_E June 3, 2014 1,026 of 1,026 25,088 10.47% 17,470 729% 16,462 6.87% 13,249 5.53% 7,592 3.17% 7,131 2.98% 1,026 of 1,026 149,552 64.35% 69,137 29.75% 13,725 5.91% 1,026 of 1,026 156,798 68.18% 73,183 31.82% 255 of 255 34,502 49.59% 18,888 27.15% 11.588 16.65% 4,603 6.62% Page 1 of4 Santa Clara County US Representative, District 18 Completed Precincts 362 of 362 ANNA G. ESHOO 59,117 66.89% RICHARD B. FOX 20,022 22.65% BRUCE ANDERSON 7,736 8.75% OSCAR ALEJANDRO BRAUN 1,507 1.71% US Re prese nta ti ve, District 19 Completed Precincts 400 of 400 ZOE LOFGREN 63,845 76.03% ROBERT MURRAY 20,132 23.97% US Representative, District 20 Completed Precincts 9 of 9 SAM FARR 711 73.30% RONALD PAUL KABAT 259 26.70% STATE SENATOR, District 10 Completed Precincts 155 of 155 BOB WIECKOWSKI 11,871 31.74% PETER KUO 11,110 29.71% MARY HAYASHI 7,361 19.68% ROMAN REED 5,676 15.18% AUDIE BOCK 1,377 3.68% Run Datemme: 7/1/14 8:35:59 AM Official Final Results Cumulative Totals STATE ASSEMBLY, District 24 Completed Precincts 186 of 186 RICHARD S. GORDON 27,459 58.66% DIANE GABL 13,052 27.88% GREG COLADONATO 6,299 13.46% STATE ASSEMBLY, District 25 Completed Precincts 171 of 171 KANSEN CHU 13,430 35.47% BOB BRUNTON 8,791 23.22% ARMANDO GOMEZ 7,067 18.66% TERESA COX 5,621 14.84% CRAIG T. STECKLER 2,958 7.81% STATE ASSEMBLY, District 27 Completed Precincts 219 of 219 NORA CAMPOS 34,799 69.50% G. BURT LANCASTER 15,272 30.50% STATE ASSEMBLY, District 28 Completed Precincts 305 of 305 EVAN LOW 30,807 39.70% CHUCK PAGE 20,895 26.93% BARRY CHANG 19,156 24.69% MICHAEL HUNSWECK 6,732 8.68% STATE ASSEMBLY, District 29 Completed Precincts MARK STONE PALMER KAIN STATE ASSEMBLY, District 30 Completed Precincts LUIS ALEJO MARK ST ARRITT Superior Court Judge, Office No.4 Completed Precincts STUART SCOTT Superior Court Judge, Office No. 21 Completed Precincts JULIANNE SYLVA DA LEMPERT Superior Court Judge, Office No. 24 Completed Precincts MATTHEW S. HARRIS SCC_20140603_E June 3, 2014 I 74 of 74 8,752 62.17% 5,326 37.83% 71 of 71 6,933 55.17% 5,634 44.83% 1,026 of 1,026 181,766 '100.00% 1,026 of 1,026 168,870 81.62% 38,033 18.38% 1,026 of 1,026 99,174 46.24% Page 2 of 4 Santa Clara County Superior Court Judge, Office No. 24 Completed Precincts 1,026 of 1,026 DIANE RITCHIE 90,899 42.38% ANNRAE ANGEL 24,410 11.38% Sup of Public Instruction Completed Precincts 1,026 of 1,026 TOM TORLAKSON 117,416 53.30% LYDIA A GUTIERREZ 51.522 23.39% MARSHALL TUCK L ......... _ ... 51.344 23.31% Member. Board of Supervisors, Dist. 1 Completed Precincts 258 of 258 MIKE WASSERMAN 41.369 100.00% _ ...... _ ... Member, Board of Supervisors. Dist. 4 Completed Precincts 194 of 194 KEN YEAGER 41,191 100.00% ASSESSOR Completed Precincts 1.026 of 1.026 LARRY STONE 193.739 100.00% ------- Run Datemme: 7/1/14 8:35:59 AM Official Final Results Cumulative Totals DISTRlCT ATTORNEY Completed Precincts 1,026 of 1.026 JEFF ROSEN 188,642 100.00% SHERIFF Completed Precincts 1,026 of 1,026 LAURIE SMITH 138,407 59.34% KEVIN JENSEN 94,843 40.66% Mayor, CITY OF SAN JOSE Completed Precincts 485 of 485 DAVE CORTESE 43,887 33.72% SAM LlCCARDO 33.521 25.75% MADISON NGUYEN 26,365 20.26% PIERLUIGI C. OLIVERIO 13.197 10.14% ROSE HERRERA 7,950 6.11% MIKE ALVARADO 1,959 1.51% TIMOTHY HARRISON 1,715 1.32% BILL CHEW 1.563 1.20% SAN JOSE City Council, Dist 1 Completed Precincts 42 of 42 PAUL FONG 3,575 29.04% CHARLES 'CHAPPlE' JONES 2.805 22.78% BOB LEVY 2,142 17.40% SUSAN MARSLAND 2.096 17.03% ART ZIMMERMANN 863 7.01% RICHARD MCCOY 677 5.50% TIM GILDERSLEEVE 153 1.24% SAN JOSE City Council, Dist 3 Completed Precincts RAUL PERALEZ DON GAGLIARDI KATHY YAMADA SUTHERLAND GEORGE KLEIDON MAURICIO MEJIA JOHN H. HOSMON SAN JOSE City Council, Dist 5 Completed Precincts MAGDALENA CARRASCO XAVIER CAMPOS AARON RESENDEZ SAN JOSE City Council, Dist 7 Completed Precincts TAM NGUYEN MAYA ESPARZA VAN LE BUU THAI ....--'" SAN JOSE City Council, Dist 9 Completed Precincts DONALD ROCHA LOIS WILCO-OWENS SCC_20140603_E June 3, 2014 43 of 43 2,493 27.74% 2,179 24.24% 2,008 22.34% 1,061 11.80% 737 8.20% 510 5.67% 45 of 45 4,369 53.14% 2,744 33.38% 1,108 13.48% 39 of 39 3.270 31.09% 3,083 29.31 % 2,826 26.87% 1,339 12.73% 58 of 58 11.137 74.49% 3.813 25.51% Page 3 of 4 Santa Clara County Proposition 41 -Vet. and Homeless Housing Bond Completed Precincts 1,026 of 1,026 YES 167,121 69.67% NO 72,769 30.33% Proposition 42 -Reimbursement Elimination Amendm. Completed Precincts 1,026 of 1,026 YES 161,226 69.64% NO 70,295 30.36% ------- Measure A -Town of Los Gatos Zoning Completed Precincts 26 of 26 YES 4,652 72.72% NO 1,745 27.28% ���� Official Final Results Cumulative Totals Measure C -Milpitas Unified SO Parcel Tax Completed Precincts 35 of 35 YES 5,775 74.03% NO 2,026 25.97% Measure E -Los Gatos -Saratoga Jt. UHSD Bond Completed Precincts 66 of 66 BONDS YES 7,536 64.20% BONDS NO 4,203 35.80% Measure G -San Benito HSD Bond Completed Precincts 1 of 1 BONDS NO 9 52.94% BONDS YES 8 47.06% ----- Measure I -Cambrian SO Bond Completed Precincts BONDS YES BONDS NO Measure J -Union SO Bond Completed Precincts BONDS YES BONDS NO Measure K -Mt. Pleasant SO Parcel Tax Completed Precincts YES NO IMeasure B -City of San Jose Library Parcel Tax IIMeasure H -Evergreen SO Parcel Tax I I-M-e�sure AA -Midpen Open Space Bond Completed Precincts 485 of 485 Completed Precincts 55 of 55 Completed Precincts SCC_20140603_E June 3, 2014 21 of 21 3,840 72.47% 1,459 27.53% 31 of 31 5,958 68.83% 2,698 31.17% 16 of 16 1,896 77.36% 555 22.64% 296 of 296 YES NO 102,291 81.47% IIYES 23,264 18.53% NO 11,445 74.90% 50,977 68.81% 3,835 25.10% Run Date/Time: 7/1/14 8:35:59 AM Page 4 of 4 June 3, 2014 Gubernatorial Primary ElecHon GRD, Tota!s * Page 4S ! " c 0 !Xl " 0 III a. 00 c ., a. :0 'c ., ,Z I-a. " !O t;) � i '� (3 � ,t;) I-� 'I-;:::J t-O 0 1:: t;) (9 ..J Z " ..J n:: 1:00 !§l III Ita :� , ;;J� n:: Santa Clara County 227226 '�� 50977 23109 US Representative, District 17 80216 28331 17752 8045 US Representative, DisbiCl18 147010 51595 "=1 '� State Senate, District 10 36 12 33.3% State Senate, District 13 156147 52165 33.4% 185 State Senate, Distnct 15 71043 27729 39,Oo/� I 16576 8921 -'-----'.' Assembly District 24 158519 53217 33.6% 35065 14448 Assembly District 25 36 12 33.3% 7 3 !Assembly District 28 68669 26695 38.9% 15903 8658 : Assembly District 29 2 100.0% 2 0 --_. i State Board of Equal. District 2 227226 35.2% 50977 23109 i : Supervisorial District 1 25943 10073 38,8% 6304 3143 ,SupeIVlsorial District 3 25568 7666 30.0% 4960 2119 Supervisorial District 4 123 44 35.8% 32 9 Supervisorial District 5 175592 62143 35.4% :f 39681 17838 City of Campbell 111 42 37.8% 31 9 City of Cupertino 24713 9743 39.4% 5926 2816 City of Los Altos 18942 7161 37.8% 4522 2179: .Town of Los Altos Hills 1854J 2052 35.1% 1135 782, I Town of Los Gatos � 38.3% 4514 2153 ! City of Monie Sereno 2343 40.9% � -- -29.7% 6 � 'City of Mountain View 32540 9054 ! Cily of Palo Alto 36965 1294B 35.0% 3235 City of Santa Clara 12 2 16.7% 0 City of Saratoga 19440 7562 36.9% ! 4145 2840. City of Sunnyvafe 55463 18573 33.5% 11818 5226 UnincofPorated Area 12473 4122 33.1% 2663 1195 612712014 3:03:30 PM GRD. totals -Page 46 page 1124 of 1139 June 3, 2014 Gubematorial Primary Election 'JBM, T olals -Paga 46 I'i .. a. II) c:: .. a. 0 c:: '" Z f-a. � "0 0 � :i§ j:::: u e.... i2 � « « f-e r:n 0 a ...J " ...J :311) !� « �w 0 !Xl z 227226 42',11 'US Representative, District 17 80216 14532 6497 US Representative, District 1 B 147010 27579 12497 Siale Senate, District 10 36 7 3 State Senate, District 13 156147 28172 11492 District 15 71043 158519 36 : Assembly DIstrlcl28 68669 13349 7280 Assembly District 29 2 100,0% 2 State Board of Equal. District 2 227226 65610 29,0% 42111 18994 Supervisorial District 1 25943 8476 32,7% 5312 2650 Supervisorial District 3 25568 6136 24,0% 4008 1666 Supervisonal District 4 123 44 35,8% 32 Supervisorial District 5 175592 51154 29,1% 32759 14669 City of Campbell 31 City of Cupertino 4909 2326 City of Los Altos 3818 1642 Town of Los Attos Hills 1007 678 Town of Los Galos '3789 1791 City o f Monte Sereno 472 286 City of Mount ain View City of Palo Alto City of Santa Clara 12 City of Sa,atoga 19440 6400 City of Sunnyvale 55463 14942 26,9% Unincorporated Area 12473 "3536 28,4% 6127/20143:03:30 PM VBM, Tolais -Page 46 Page 1125 of 1139 June 3,2014 Gubernatorial Primary Election peT. Totals � Page 46 " c: 0 a> .. " '" Q. en " ., Q. 0 c: ., Z l-e. (J) " 0 « � :s i= u e.... « � I-li� � ::l I-!!1 0 0 ...J Z (!) I� I� w 0 � z ; Santa Clara County � 14116 6.2% 8866 4115 US Representative, Districl17 5330 6.6% 3220 1548 US Representative, District 18 147010 B7BS 8,0% 5646 2567 �te, District 10 36 a 0.0% D 0 State Senale, District 13 156147 9648 6.2% 6222 2893 ; State Senate, District 15 71043 4468 6.3'Vo 2644 ! 1422 Assembty District 24 158519 9800 6.2% 6312 2737 Assembly District 25 36 0 0,0% 0 0 Assembty Districl28 58669 4316 6,3% 2554 1378 Assembly District 29 2 0 0.0% 0 a State Boam of Equal. District 2 i 227226 14116 6.2% 6866 4115 I Supervisorial District 1 25943 1597 6.2% 992: 493 Supervisorial District 3 25568 1530 6.0% 952 453' Supervisorial District 4 123 0 0.0% 0 a! Supervisorial District 5 175592 10989 6,3% 6922 3169 City of Campbell 111 a 0.0% 0 0 cay of Cupertino � 1699 6.9% 1017 490 i City of Los Altos ',113 5,9% 704 337 Town of Los Altos Hills 5679 249 d,4% 128 "---=:-104 Town of las Gatos 18544 1164 6.3% 725 362 Clty of Monte Sereno 2343 150 6.4% 81 54 i City of Mountain View 32540 2072 6.4% 1400 555 i City of Palo Alto i 36966 2290 6.2% 158 574 , City of Santa Clara , 12 0 0,0% a City of Saratoga 19440 1162 1l.0%' 621 438 �. City of Sunnyvale 55463 3631 6.6%1 2203 1058 Unlncorporated Area 12473 595 4.7%i 397 143 6127120143:03:30 PM PCT, Totals Page 46 PBgel126 of1139 June 3, 2014 Gubernatorial Primary Election 1 46 I Regional I .. , ,,;, " " 0 m .. " .. C!. TIl i Q. 0 c: " Z I-a. Ul " 0 t3 � :E � 0 � I-..: :::l ..: I-0 0 e Ul (5 ..J Z " ..J D:: �TIl LU « .1= �g: 0 D:: IXI Z peT MAIL 2001 PeT Reporting 7 0 0.0% 0 0 VBM Repo rting 7 2 28.6% 2 0 peT 2002 J/KlS PCT Reporting B7B 43 4.9% 32 81 VBM Reporting 878 236 163 53 peT 2004 JIK peT Reporting 1241 40 26 13 V8M Reporting I 1241 350 242 76 peT 2005 ! PCT Reporting 1113. 91 8.2% 64 22 V6M Reporting 1113 254 22.8% 194 501 PCT Z006 CIS peT Reporting 1249 52 4.2% 35 12 I VBM Reporting 1249 3241 25.9% 19B 114 PCT2009 PCT Reporting 719 33i 4.6% 22 9 VBM Reporting 719 191 26.6% 136 46 PCT2010 CIS PCT Reporting 652 541 8.3% 36 18 VBM Reporting 652 134 20.6% 1 00 29 PCT MAIL 2013 peT Repo rting 238 0 � 0 0 V6M Reporting 238 73 50 17 PCT 2014 CIS PCT Reporting 662 38 25 8 VBMReportlng � 23.4% 120 27 PCT 2017 C PCT Reporting 8.3% 69 25 PCT 2017 C = 33.7% 274 100 PCT 2019 C 789 62 7.9% 45 11 VBM Reporting 789 2271 28.8% 147 80 peT MAIL 2022 peT Reporting 3 0' 0.0% 0 VBM Reporting 3 0 0.0(1/1) 0 PCT 2025 C PCT Reporting ffi" 8 VBM Reporting 2 7.6% 117 39 POT 2026 C peT Re po1ing 680 5% 23 13i VBM Reporting 660 229 7% 141 67 1 POT2028 C PCT Reporting 703 70 10.0% 50 15 VBM Reporting 703 155 22.1% 93 48 PCT203 4 C PCT Reporting 869 60 6.9% 47 10 VBM Rep orting 869 236 27.2% �16L 66 PCT2036 C peT Reporting 734 55 7.5% � VBM Reporting 734 192 26.2% PCT2043 CIS peT Reportln. 1172 86 7.3% VBM Reporting 1172 261 116, PCT 2046 CIS POT Reporting 1191 63 18 i VBM Reponing 1197 327 27.3% 219 90 ! PCT2D49 S PeT Reporting 663 58 8.8% 45 10 V6MReporting 663 193 29.1% 144 37 PCT2053 CIS peT Reponing 1222 68 5.6% 46 19 PCT2053 CiS VBM Reporting 1222 360 29.5% 2671 7: PCT20SB CIS PCT Reporting 1266 60 4.8% 40 16i V8M Reporting 1266 404 32.2% 283 89 PCT2051 CIS peT Reporting 1158 74 6,4% 59 11 : VBM Reporting 287 23.1% ... 198 43 6/27/20 14 3.03.30 PM PAGE 46 Pege 1127 of1139 June 3, 2014 GUbernatorial Primary Election 146 I ""u��, '" ,�u'd Regional Open Space District I . Midpen Open Space " t: " In '" " .. a. ." c ., a. 0 c " Z l-e. ,(I) " 0 I ;') � :E i= ;2 � I-� I :> .1-0 0 I!! :(1) IS ..J Z " ..J tt: ill!/) W <C :> �!!! 0 0:: III I-Z PCT 2C65 peT Reporting 12 65 5,4% 44 181 VBM Reporting 1 30.4% 248 981 PCT 2068 peT Reporting 6 4.7% 20' 11 VBM Reporting 680 214 31.5% 151 561 peT 2059 peT Reporting 587 30 5,1% 221 6 V8M Reponing 587 2071 35,3% 153 1 45 peT 2075 peT ReportIng --660 46, 7,0% 34 11 1 V8M Reporting j 660 192 29.1% 150 311 PCT 2078 C peT Reporting 1244 57 4.6% 39 15 VBM Reporting 1244 394 31.7% 284 861 PCT2081 e PCTRepruilng 714 34 4,8% 15 17 ._ .. _. VBM Reporting 71A 39.4% 188 73 PCT 2090 CIS PCT Reporting 799 68 8,5% 50 17 i VBM Reporting 799 229 28,7% 144 71 PCT 2096 C PCT Reporting 79B' 43 5.4% 27 14 VBM Reporting 798 289 38,2% 210 ! 62 PCT 209B e PCTReportlng 699 46 6.6% 29 12 PCT 2098 C VBM Reporting 699 200 28.6% 133 54 peT 2101 C peT Reporting 663 40 5,9% 30 7 VBM Reporting 683 184 26.9% 121 I 47 �2 C PCI Reporting 684 30 4.4% 17 111 VBM Repc)fttng 684 155 22.7% 106 ! 39 PCT2103 CIS peT Report!ng 921 49: 5.3% 31 14 VBM Reporting 921 237 25.7% 154 69 peT 2107 e PCT Repocting 725 52 7.2% 29 181 'VBM Reporting 725 200 27.6% 114 68 -_. peT 2108 CIS PeT Reporting 1 1234 93 7.5% 68 221 Vi3M Reporting r=; 388 29.8% 252 87 PCT21\O C 'PCT Reporting 70 8.5% 47 i 18 VBM Reporting 824 250 30,3% 1 69' peT 2112 e PeT Reporting 911 34 3.7% 25 51 V6M Reporting 911 279 30.6% 190 71 PCT2113 CIS PCT Reporting 1241 79 6.4% 56 1:� V6M Reponing 1241 387 31.2% 286 89 PCT 2117 e peT Reporting 796 89 6.7% 53 11, VBM Reporting 796 248 31.2% 181 53 ! 'PCT2118 C 90B 51 5,6% 28 20: VBM Reporting 906 277 30.5% 178 75 peT 2122 CIS PCT Reporting 812 51 6.3%j 27 15! PCTZI22 CIS VBM Reporting 812 201 24.8%: 121 65 IPCT MAIL 2124 PCT Reporting 234 0 0,0% 0 0 VSM Reporting 234 78 33.3% 41 28 PCT MAIL 2128 PCT Reporting 5 0 0.0% 0 0 V9M Reporting 5 3 60.0% 2 1 PCT2129 C PCT Reporting 617 49 7.9% 34 141 VBM Reporting 617 141 22,9% 68 40 6127120143.03,30 PM PAGE 46 Page 11213 of 1139 June 3, 2014 Gubernatorial Primary Election L l Regional Open Space District I i I I " c 0 m Q) " i ., "-rJ) '" Q) i "-0 '" Q) Z I-"- If) " 0 � e :E � u , � I-� i a:: :;:, I-0 f If) 0 I (!j ..J Z " ..J a:: i .. � UJ � :;:, a:: CO I-I PCT2301 C peT Reporting 78:'\ 55 7.0% 411 12; VSM Reporting 783' 209 26.7% 139 55 ,PCT 2305 CIS PCT Reponing 745 40 5.4% 19 17 I VBM Reporting =:3 229 30.7% 134 79' ! PCT 2306 CIJ peT Reporting 79 6.3% 53 1S' VBM Reporting 1250 407 32.6% 248 127 IPCT 2308 C PCTRepoorng = 1055 54 5.1% 35 15 �; 1055 370 35.1% 254 92 ,PCT2309 C 1222 67 5,5% 38 211 VBM Reporting 1222 42 282 130' PCT MAILl3t 2 PCT RePOning 40 0 0,0% 0 0 VBM Reporting 40 15 37.5% 1°1 3 peT 23140 PCT Reporting 829 61 7.4% 38 21 VBM Reporting 829 233 28.1% 151 66 PCT2321 C PCT Reporting 1244 66 5.3% 50 14 PCT23.21 C VSM Reporting 1244 436 35.1% 1 282, 125 PCT 2323 S PCT Reporting 754 25 3.3% 7 13 1 VBM Reponing 754 � 32.1%: I 133 � IPCT 2326 PCTR.panlng 777 6.3°/(.> i 30 VBM Reporting 777 247 31.8% 175 66 1 peT 2330 C peT Reporting 1201 541 4.5% 32 16 VBM Reporting 1201 375 31,2% 263 97 I POT 2333 0 peT Reporting 1026 40 3.9% 26, 13' VSM Reporting 1026 341 33.2% 204 117 I pOT2336 C PCT Reporting 789 62 7.9% 36 23 VBM Reporting ;}--219 27.8% 129 81, ! PCT 2338 CIHIJIS peT Reporting 60 6.8% 34 24 V6M Reporting 879 224 25.5% 143 67 IPCT2339 C PCT Reporting 833 59 7.1% 37 17 �epOrling 833 251 30.1% 159 80 ipCT 2342 peT Reponing 8361 61 7.3% 45 13 VBM Reporting 836 260 33,5% 182 74· PCT2343 C peT Reporting 7561 31 4.1% �' VBM Reporting 756i 271 35.9% 90 PCT2345 C 'peT Reporting 776, 64 7.0% 38 ... � VBM Reponing 776 239 30.8% 155 66 PCT 2346 C POT Reporting 1032 81 7.9% 56 19i .PCT 2346 C VBM Reporting 1032 334 32.4% 202 109' PCT2351 C PCT Reporting 1168 60 � 38 18 VBM Reporting 1168 400 242 127 PCT 2352 CIS peT Reporting 947 55 5.B% 30 22, I vaM Reponing 947 308 32.3% 101 PCT MAil 2376 ,POT Reporting 187 0 0.0% a VBM Reporting 187 63 33.7% 22 31 PCT 2378 C PCT Reporting 900 45 5,0% 20 24 VBM Reporting 900 276 30.7% 16B 93 6127120143,03.30 PM PAGE 46 Page 1129 of 1139 June 3, 2014 Gubernatorial Primary Election 146 I ,"upe. '" >ou,d Regional Open Space Dis!rict I ; I Space ." r: 0 [Q " " '" a. U> c .. e. 0 r: " Z l-e. m ." 0 « � :E i= t) .. � en I-� I-:> I-0 0 e m (jj ...J Z " ...J n:: '" <aU) W « :> :1l� 0 n:: til I-z 2: PCT2379 C PCT Reporting 1 198 76 43 29 VBM Reporting 1 198 340 187 132 PCT23S1 c PCT Reporting =3 49 3.9% 24 22 V8M Reponing: 4 39 35.2% 272 145 ipCT 2365 C : PCT Reporting 40 3,7% 24 12 : VBM Reporting 1083 329 30.4% 171 � I PCT 2386 C peT Reporting 10 64 39 3,7% 17 : VSM Reporting 1064 356 33,5% 187 143 PCT2402 CIS PCT Reporting 666 79 11,8% 55 18 VBM RepOrting 668 186 27.8% 136 46 'PCT 2403 CIS peT Reporting 775 78 10,1% 55 22 i �rting 775 209 27.0% 145 54 'PCT 2400 CIS ,peT Reporting 1190 63 5.3% 37 20 'PCT 2406 CIS ! VBM Reporting 1190 214 18,0% 159 40 PCT 2407 CIS peT Reporting 788 47 3e 9 VBM Reporting I 788 232 167 56 ?Cr 2406 CIHIS peT Reporting 621 .8% 25 4 VBM Reporting 621 .9""\' 96 27 i peT 2409 CIPIS PCT Reporting 792 60 7,6% 43 1, V6M Reporting 792 171 21.8% I 111 5, 'PCT2410 C peT Reporting 1160 49 4.2%1 3 1: ,VBM Reporting 1160 248 21,4% 16! 69 PCT 2412 CIS PCT Reporting 1157 81 7.0% 5� 23 VBM Reporting 1157 232 20.1% 165 60: PCT 2414 CIJ/P/S PCT ReportiOIJ 1222 65 5.3% 42 19 VBM Repor1�ng 1222 297 24.3% 223 57 i ! PCT 2415 CIPIS peT Reporting 881 44 5.0% 28 13 V8M Reporting 881 203 23.0% 144 42 PCT 2417 CIS peT Reporting-1181 83 7,0% 55 26 VBM Reporting 1181 304 235' 49 peT241S CIS peT Reporting 782 48 6.1% 35 9 VSM Reporting 782 136 17.7% 103 28 'PCT2419 CIS PCT Reporting 849 51 6,0% 44 7 I VBM Reporting 649 � 20.4% 132 peT 2423 CIHIS PCT Reporting 1257 5.3% 51 = PCT 2423 C/HIS 'Vi3M Reporting 1257 233 18,5% 176 PCT2427 CIS I PCT Reporting 773 40 5,2% 29' 8 V8M Reporting 773 �144 -, 18,6% 95j 37 PCT2426 CIJ peT Reporting 791 51 6.5% 32 14 V8M Reporting: 791 206 26.0% 146 1 45 i PCT 2431 C : peT Reporting 1179: 83 7,0% 661 14 I VaM Reporting 1179 1 275 23.3% 224 43 'PCT 2434 C ! PCT Reporting 836' 82 9.8% 50 31 .... i VSM Reporting 836' 221 26,4% 150 53 PCT2436 C PCT Reporting 883 67 7.6% 42 20 VBM Reporting 883 264 29.9% 176 71 6127120 14 3.03.30 PM PAGE 46 Page 1130 of 1139 June 3, 2014 Gubernatorial Primary Election .. u .. Ie. 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"'t/) W I� ::::l �� 0 0:: I-Z PCT2438 CIS peT Reporting 939 56 6.0%1 43 13 VBM Reporting 939 279 29.7% 191 is , peT 2439 CfPlS PC, Reporting 736 48' 65%! 27 20 VBM Reporting 738 212 28.7% 141 57 peT 2440 ClrlS PCT Reponing 711 40 5.6% 23 16 Vt3M Reporting 711 242 34.0% 152 66 PCT2442 CIS peT Reporting 7.0% 39 13 VBM Reporting 760 188 24.7% 136 441 'PCT 2445 CIS PCi"Reporllng 1006 60 6.0% 49 91 i VBMReporting 10061 221 22.0% 166 42 1 PCT2459 CiS PCT Reporting 72i 45 5.2% 32 9 PCT2459 CIS V8M Reporting 727 125 17.2% 88 26 PCT 2460 HiP/S peT Reporllng 702 51 7.:iO/� 31 18 VBM Reporting 702 161 22.9% 112 43 PCT 2462 C/HIS peT Re.porting 743 45 6.1% 26 10 VSM Reporting 743 176 23:7% 114 53 PCT2_ CIPIS pCT Reporting 1119 84 7.5% 46 36 VBM Reporting 1119 320 28.6% 198 111, PCT2469 S per Reporting 426 21 4.9% 11 81 VBM Reporting 426 99 23.2% 74 22 PCT 2470 CIH/P/S peT Reporting 846 30 3.5% 20 8 VBM Repo�lng 848 232 27:4% 151 62 peT 2475 C/PIS PCT Repo�lng 568 41 7.2% 17 20 VBM Reporting 588 128 22.5% 81 39 ..... PCT 2477 CIS ! peT Reporting 998 72 7.2% 58 9 vaM Reporting 998 203 20.3%i 153 291 PCT2479 CIS PCT Reporting 1072 61 5,7%' 38 18 VBM Reporting 1072 214 � 143 56 1 PCT 2487 CIS Eng 20 11 5 I Ing 85 16. 63 18 PCT 2489 HIP/SN peT Reporting 1138 68 5.8% 45 171 V8M Reporting 1138 232 20.4% 169 52, PCT2492 CIS peT ReportIng 11901 50 4.2% 29 191 PCT2492 CIS VBM Reporting 1190 265 22.3% 191 59 IPCT2493 CIS peT Reporting 582 61 10.9% 44 91 V6M Reporting 562 120 21.4% 9 1 21 peT MAIL 2539 peT Reporting 90 0 0.0% 0 OJ VBM ReportIng ! 90 40 44.4% 26 9 'PcT2S42 C peT Reporting 737 33 4.5% 26 2 VBM Reporting 737 18 2.4% 15 1 1 I PCT 2543 CiS peT Reporting 865 42 4,9% 31 5, VBM Reporting 865 160 18.5% 129 161 PCT2544 C PCT Reporting 886 31 3.5% 25 4 V8M Reporting age 74 8,3% 57 9' PCT2545 peT Reporting 1235 481 3.9% 35 9 VBM Repo�lng 1235 418 33,9% 322 63 6127120143.03.30 PM PAGE 46 Page 1131 011139 June 3, 2014 Gubernatorial Primary Election 1 46 I I Regional ' District I 'OO",Q ,.0 "'n, I 'C I c: 0 £ll m u .. a. <II :; a. 0 " " Z l-ll. (/) 'C 0 « � :E � ,U I-« a: I � ::::> « I-0 0 e !'2 i � z " Cl a: " "' ''' .� ::J m ill 0 I-:E>-z PCT 2802 C peT Rep,rtlng 1080 . 77 7.1% 47 ze VBM Reporting 1080 325 30 1:+ _ � PCT MAIL 2806 peT Reporting 15. 0 1 0.0% vaM Reporting 4 26.7% 2 2 • PCT MAIUB11 PCT Reporting 0 0.0% 0 0 vaM Reporting 4 34.7% 7 9 • peT MAIL 2812 peT Reporting i 244 0 0.0% 0 0 VBM Reporting 244 88 36.1% 59, 2S peT MAl!... 2813 peT Reporting 230 0 0.0% 0 0 i PCT MAIL 2B13 VBM Reporting 230 84 36.5% 36 45 : PCT MAIL 2825 PCT Reporting 27 0 0.0% a 0 VBM Reporting 27 13 48.2% 7 3 PeT 2833 C PCT Repor1lng 1076 62 5.8% 41 19 VBM Reporting 1076 291 27.0% 180 98 PCT MAIL 2871 PCT Reporting 1 02 0 0.0% 0 VBM Reporting 102 q 42.2%1 33 11 PCT MAIL 2951 PCT Reporting 3. 0.0% 0 0 1 g 89 7 7.9% 5 " PCT MAIL 2953 53 0 0.0% 0 0 VBM Reportin[J 53 6 11.3% � IPCT 3601 CIS PCT Reporting 1253 80 6.4% 171 VBM Reporting 1253 513 34 1 133 PCT 3602 CIH PCT Reporting 1187 65 46 1 3i VBM Reporting 1187 374 31.5% 219 1 1 3 : PCT 3603 CIHIJIS peT Reporting 350 14 4.0% 6 ... �. 7 VBM Reporting 350 117 33.4% 62 43 :PCT 3604 CIJ PCT Reporting 1271 68 5.4% � VBM Reporting 1271 451 129 ' . PCT 3605 CIHIJIS PCT Reporting 1190 n 48 17 I V8M Reporting 263 23.8% 179 73 1 PCT 3606 C PCT Reporting 97 8.4% 54 31 , --� � PCT 3606 C VBM Reporting 1161 420 36.2% 260 114. :PCT 3607 C peT Reporting 855 58 6.8% �ing 855 281 32.9% PCT 360B CIH PCT Repor1ing 725 59 8.1%1 40 17 I VBM Reporting 725 225 31.0% 124 71 , I :PCT 3609 C peT Reporting 821' �6 3 7.7% 34 24 . VBM Reporting 821 302 36.B% 172 98 . I peT 3510 C PeT Reporling 1 01 5 1 55 5.4% 28 25 VBM Reporting 1015: 382 37.6% =± 224 120 PCT 3!ll l CIH PCT Reporting 8.1% 30 17 VBM Reporting 32.1% 143 62. PCT 3612 ClJ E 5.1% 23 10! 768 227 29.6% 144 50 . :PeT3!l18 ClH : PCT Repor1lng 1 160 94 8.1% 58 29 I VaM Reporting ! 1160 348 30.0% 200i 102 612712 014 3.03.30 PM PAGE 46 Page 1132 0[1139 1 46 I : PCT 3617 C{J PCT 3618 CIH peT MAIL 3621 PCT 3623 CIHiJ{S PCT 3623 CIHIJIS PCT 3624 C peT 3627 C PCT 3629 C : PCT 3631 CiH PCT 3632 C peT MAil 3635 PCT 3036 C POT 3639 ClHiK PCT 3640 ClHIK peT 3643 clHlK PCT 3646 CiHIJIK : PCT 3645 C!HiJiK peT 3651 CiH peT MAIL 3723 PCT M"IL 3724 PCT 3725 PCT 3728 S PCT MAIL3727 PCT MAIL 3728 PCT372e S 6127120 143,03,30 PM June 3, 2014 Gubernatorial Primary Election Z 0 � I-UJ � PCT Reporting VBM Reportiog PCT Reporting 260 'VBM Reporllnq 260 peT Reporting 186 II!lM Reporting 186 PCT Reporting 1031 VBM Reporting peT Reporting VBM Reporting PCT Reporting 629 VBM Reporting 629 peT Reporting 1075 VBM ReporUng 1075 i PCT R�portlng 661 ! 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PCT MAIL 5858 peT MAIL 8224 "� "'�"�L' I peT MAIL 6664 1 ,peT MAIL 6666 PCT MAIL 6009 PCT MAIL 6659 I GRAND TOTALS 612712014 3;03:30 PM June 3, 2014 Gubernatorial Primary Election VBM Reporting peT Reporting VBM Reporting PCT Reporting : yaM Reporting peT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reporting 'VBM Reporting PCT Reporting VBM Reporting PCT Reporting VBM Reporting PCT Reportllll! VBM Reporting PCT Reporting VBM Reporting peT Reporting VBM Reporting peT Reporting VBM Reporting I PCT Reporting VSM Reporting PCT Reporting VBM Reporting PCTReporling VBM Reporting peT Repor1ing VBM Reporting peT Reporting VBM Reporting I Z I-(f) 0 « � i= ,t) � I � I-::> I-0 0 (f) (5 ...I Z ...I n:: w « ::J n:: 00 I-176 71 40,3% 219 0 0.0% 219 103 47.0% 619 7.6% 1= 819 29.4% 1 0 0.0% 1 0 0,0% 4 1 3 10 2.4% 413 147 35.6% 1 68 � 168' 205 o 0.0% 205 85 42,0%1 170 0 0.0%1 170 83 48.8% 56 0 0.0%1 25 44.6% 0 0.0% 7 1 14.3% 442 41 9.3% 442 148 33.5% 842 BO =t ;f-277 19 6.4% _ .. • 1 297 130 130 2 2 . ., 144 1 1 3 3 55 55 81 81 76 76 227,226 90 30.3% 0 0.0% 41 31.5% 0 0.0% 2 100.0% 0.0% 57 39,6% 0 0.0% 0 0.00/,: 0 0.0%, � 19 34.6% 0 0,0% 25 30.9% 0 0.0% 3 r: 79,926 PAGE 46 : -0 c: o m .. l;l e. (/) e .. e. 0 e ,," :e. :-0 's] « « I!! :::r til Ill(/) :H! I� 36 0, 55 .4 1 1 155 0 0 6 7 31 ° 42 0 42 0 17 0 1 26 1 15 56 0 23 0 2 ° 37 0 0 0 3 0 16 0 1: 13 50,977 33 0 451 18 , 74 1 0: : 0 1 57: a 26 0 1 32 0 1 33 0 9 0 1 0: 14, 3 1 28: 0; 191 01 0 01 I 161 0 0 1 0 0 01 3 : 0 9 ° 16 23,109 Page 1139 of 1139 STATEMENT OF THE VOTE OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA IN THE MATTER OF THE CANVASS OF THE VOTES CAST IN THE COUNTY OF SAN MATEO AT THE STATEWIDE DIRECT PRIMARY ELECTION HELD TUESDAY, JUNE 3, 2014 CERTIFICATE OF THE CHIEF ELECTIONS OFFICER I, MARK CHURCH, CHIEF ELECTIONS OFFICER of the County of San Mateo, State of California, do hereby certify that the Statewide Direct Primary Election was conducted pursuant to law throughout said county on June 3, 2014 ; and I HEREBY FURTHER CERTIFY the following facts: that at said Primary Election 4 75 election precincts were duly established with 350 operating precinct boards; that the election was conducted thereat pursuant to law; that pursuant to Division 15, Chapter 4 of the California Elections Code, I have canvassed the votes cast at all precincts which were 21,484; that 75,522 vote by mail votes were cast; that 441  early votes were cast, canvassed and included in the result of the total 97,447  votes cast which is accurately shown in this Statement of the Result of the Vote as determined by the official canvass of the returns attached hereto and made a part hereof. IN WITNESS WHEREOF, I hereunto affix my hand and official seal of this office this 26th day of June, 201 4 . MARK CHURCH Chief Elections Officer & Assessor-County Clerk-Recorder COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 193 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 3001 521 192 108 70 36.9 3002 1,004 335 176 144 33.4 3004 188 75 44 28 39.9 3005 831 303 154 135 36.5 3006 1,060 360 196 146 34.0 3008 913 224 113 95 24.5 3009 167 76 59 12 45.5 3010 150 59 29 29 39.3 3135 858 266 0 0 31.0 3201 51 18 12 5 35.3 3214 0 0 0 0 0.0 3301 879 339 220 111 38.6 3303 694 294 194 90 42.4 3304 1,359 570 386 163 41.9 3306 801 376 233 128 46.9 3307 20 8 5 3 40.0 3310 774 348 216 124 45.0 3311 786 365 226 125 46.4 3312 1,006 426 266 135 42.3 3313 955 423 238 170 44.3 3314 3 1 0 1 33.3 3320 710 360 229 112 50.7 3321 766 367 210 140 47.9 3322 814 321 175 141 39.4 3323 987 470 285 160 47.6 3324 938 431 261 151 45.9 3325 874 402 248 142 46.0 3326 974 509 262 208 52.3 3327 462 234 163 56 50.6 3330 43 20 2 18 46.5 3331 333 109 55 51 32.7 3340 1,029 383 204 167 37.2 3350 746 225 102 118 30.2 3360 110 38 8 27 34.5 3361 87 39 25 13 44.8 3370 536 209 128 73 39.0 3371 57 22 6 16 38.6 3372 98 57 32 23 58.2 3375 52 28 17 11 53.8 3376 204 78 46 27 38.2 3377 26 12 5 6 46.2 3380 81 44 17 26 54.3 3401 843 310 205 84 36.8 3402 1,370 483 344 124 35.3 3406 97 29 16 10 29.9 3407 204 78 63 14 38.2 3408 92 49 34 12 53.3 3409 0 0 0 0 0.0 3410 1,072 411 315 80 38.3 3412 25 4 0 4 16.0 3420 490 209 159 44 42.7 3421 43 20 16 4 46.5 3450 627 182 114 57 29.0 3451 1,375 406 285 111 29.5 3452 1,182 318 233 70 26.9 3455 1,358 466 288 157 34.3 3457 1,264 444 301 119 35.1 3459 1,130 407 260 129 36.0 3460 1,330 557 342 181 41.9 3463 29 11 6 4 37.9 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 194 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 3464 71 28 18 8 39.4 3480 555 206 149 45 37.1 3540 15 3 3 0 20.0 3541 0 0 0 0 0.0 3542 0 0 0 0 0.0 3601 1,388 462 273 169 33.3 3602 1,087 407 234 160 37.4 3605 2,014 621 389 204 30.8 3608 1,441 442 289 132 30.7 3610 1,509 469 293 156 31.1 3612 846 212 122 81 25.1 3613 748 264 160 96 35.3 3614 1,461 511 312 173 35.0 3616 1,295 446 290 126 34.4 3617 1,390 477 301 166 34.3 3620 1,263 477 278 179 37.8 3621 1,385 442 276 154 31.9 3624 1,236 444 282 145 35.9 3626 529 203 131 65 38.4 3627 111 58 38 18 52.3 3629 18 2 1 1 11.1 3630 6 0 0 0 0.0 3631 76 29 13 13 38.2 3633 120 44 26 18 36.7 3637 1 0 0 0 0.0 3638 205 73 40 30 35.6 3701 987 321 204 104 32.5 3702 985 344 195 137 34.9 3703 656 221 126 85 33.7 3704 15 5 0 0 33.3 3706 121 35 25 9 28.9 3707 65 26 17 7 40.0 3708 95 40 23 14 42.1 3709 208 90 64 23 43.3 3710 530 182 120 55 34.3 3711 4 2 2 0 50.0 3712 62 22 14 6 35.5 3720 680 201 133 60 29.6 3721 1,459 411 261 136 28.2 3723 24 10 4 6 41.7 3801 387 180 103 64 46.5 3802 1,607 812 502 253 50.5 3803 209 74 44 27 35.4 3806 770 238 152 80 30.9 3807 72 24 9 14 33.3 3808 550 169 75 89 30.7 3811 65 18 9 7 27.7 3812 165 96 52 35 58.2 3901 1,122 524 388 113 46.7 3903 965 411 278 118 42.6 3905 1,136 453 303 134 39.9 4001 683 56 33 20 8.2 4002 607 67 53 12 11.0 4003 619 77 59 12 12.4 4004 583 57 44 9 9.8 4005 652 76 52 21 11.7 4006 709 88 54 29 12.4 4007 759 83 58 23 10.9 4008 691 77 55 17 11.1 4009 684 95 69 24 13.9 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 195 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 4010 446 72 56 12 16.1 4011 901 145 116 23 16.1 4013 0 0 0 0 0.0 4014 757 102 73 25 13.5 4015 428 69 47 18 16.1 4401 759 254 183 62 33.5 4402 666 205 152 45 30.8 4403 768 63 49 12 8.2 4404 1,225 146 105 35 11.9 4406 56 14 11 1 25.0 4407 1,797 530 397 126 29.5 4409 1,524 520 372 125 34.1 4412 1,113 370 262 89 33.2 4414 423 94 68 22 22.2 4415 666 192 122 64 28.8 4431 50 19 15 4 38.0 4432 3 2 2 0 66.7 4433 221 96 68 25 43.4 4434 0 0 0 0 0.0 4435 8 0 0 0 0.0 4436 21 3 3 0 14.3 4501 712 106 64 38 14.9 4502 730 152 100 50 20.8 4503 990 297 195 88 30.0 4505 1,192 203 146 52 17.0 4506 857 173 123 44 20.2 4507 122 42 30 11 34.4 4508 98 31 21 10 31.6 4601 871 165 105 57 18.9 4602 976 161 99 60 16.5 4603 467 135 91 40 28.9 4604 1,426 252 184 59 17.7 4606 819 169 124 41 20.6 4607 838 233 138 88 27.8 4608 842 177 116 51 21.0 4609 974 245 176 56 25.2 4611 638 221 143 69 34.6 4612 1,565 561 368 180 35.8 4613 561 185 116 66 33.0 4614 812 224 134 78 27.6 4615 737 183 134 45 24.8 4616 1,451 402 238 144 27.7 4617 603 169 97 64 28.0 4618 1,465 357 241 105 24.4 4619 500 114 88 18 22.8 4620 903 194 141 43 21.5 4621 793 210 150 55 26.5 4622 1,143 201 140 52 17.6 4625 794 183 123 43 23.0 4626 764 170 121 46 22.3 4627 1,410 429 279 132 30.4 4629 641 199 117 74 31.0 4630 787 202 131 63 25.7 4631 730 234 157 70 32.1 4633 2,184 730 449 255 33.4 4636 186 71 35 34 38.2 4637 434 127 74 48 29.3 4638 1,460 447 260 169 30.6 4639 790 264 162 97 33.4 4650 68 15 7 7 22.1 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 196 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 4651 63 18 13 4 28.6 4652 126 25 12 12 19.8 4653 185 27 19 7 14.6 4654 0 0 0 0 0.0 4655 4 1 1 0 25.0 4656 243 60 43 16 24.7 4657 127 44 30 11 34.6 4659 39 18 9 7 46.2 4663 110 43 28 12 39.1 4670 0 0 0 0 0.0 4680 1,315 409 227 166 31.1 4681 1,576 443 274 141 28.1 4684 915 251 147 86 27.4 4685 941 234 151 78 24.9 4686 1,385 310 163 131 22.4 4688 3 2 2 0 66.7 4701 205 92 58 30 44.9 4702 100 44 24 18 44.0 4708 112 40 28 12 35.7 4710 7 2 2 0 28.6 Absentee Totals Early Voting Totals Election Day Totals 7.7 Grand Totals 120 18389 6274 24783 71 9573 2963 12607 196 29,395 9,706 125,795 125,795 125,795 0.2 23.4 125,795 39,297 31.2 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 197 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 Early Voting Totals MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 14TH CONGRESSIONAL DISTRICT 59,902 95 58 34 0.2 18TH CONGRESSIONAL DISTRICT 65,893 101 62 37 0.2 22ND ASSEMBLY DISTRICT 62,606 101 63 35 0.2 24TH ASSEMBLY DISTRICT 63,189 95 57 36 0.2 3RD SUPERVISORIAL DISTRICT 67,187 96 52 41 0.1 4TH SUPERVISORIAL DISTRICT 58,608 100 68 30 0.2 13TH SENATORIAL DISTRICT 125,795 196 120 71 0.2 BOARD OF EQUALIZATION - DISTRICT 125,795 196 120 71 0.2 CABRILLO UNIFIED SCHOOL DISTRICT 16,145 34 20 8 0.2 CITY OF BELMONT 858 1 0 0 0.1 CITY OF EAST PALO ALTO 8,519 12 6 6 0.1 CITY OF HALF MOON BAY 6,525 10 8 1 0.2 CITY OF MENLO PARK 17,666 21 16 5 0.1 CITY OF REDWOOD CITY 35,664 66 49 15 0.2 CITY OF SAN CARLOS 18,129 23 7 16 0.1 COUNTY OF SAN MATEO 125,795 196 120 71 0.2 GRANADA SANITARY DISTRICT 5,110 17 11 4 0.3 MIDPENINSULA REGIONAL OPEN 125,795 196 120 71 0.2 SEQUOIA UNION HIGH SCHOOL 110,578 166 98 62 0.2 STATEWIDE DISTRICT 125,795 196 120 71 0.2 TOWN OF ATHERTON 4,834 7 3 4 0.1 TOWN OF PORTOLA VALLEY 3,223 1 1 0 0.0 TOWN OF WOODSIDE 3,825 5 3 2 0.1 WOODSIDE ELEMENTARY SCHOOL 3,068 3 0 1 0.1 UNINCORPORATED AREA 26,552 50 27 22 0.2 Early Voting Totals 120 71 0.2 196 125,795 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 198 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 Absentee Totals MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 14TH CONGRESSIONAL DISTRICT 59,902 13,464 8188 4546 22.5 18TH CONGRESSIONAL DISTRICT 65,893 15,931 10201 5027 24.2 22ND ASSEMBLY DISTRICT 62,606 14,371 8851 4760 23.0 24TH ASSEMBLY DISTRICT 63,189 15,024 9538 4813 23.8 3RD SUPERVISORIAL DISTRICT 67,187 18,752 11383 6370 27.9 4TH SUPERVISORIAL DISTRICT 58,608 10,643 7006 3203 18.2 13TH SENATORIAL DISTRICT 125,795 29,395 18389 9573 23.4 BOARD OF EQUALIZATION - DISTRICT 125,795 29,395 18389 9573 23.4 CABRILLO UNIFIED SCHOOL DISTRICT 16,145 4,945 2755 1698 30.6 CITY OF BELMONT 858 166 0 0 19.3 CITY OF EAST PALO ALTO 8,519 729 542 159 8.6 CITY OF HALF MOON BAY 6,525 2,184 1277 804 33.5 CITY OF MENLO PARK 17,666 4,000 2714 1099 22.6 CITY OF REDWOOD CITY 35,664 7,169 4540 2324 20.1 CITY OF SAN CARLOS 18,129 4,762 2892 1669 26.3 COUNTY OF SAN MATEO 125,795 29,395 18389 9573 23.4 GRANADA SANITARY DISTRICT 5,110 1,543 806 462 30.2 MIDPENINSULA REGIONAL OPEN 125,795 29,395 18389 9573 23.4 SEQUOIA UNION HIGH SCHOOL 110,578 24,737 15425 7697 22.4 STATEWIDE DISTRICT 125,795 29,395 18389 9573 23.4 TOWN OF ATHERTON 4,834 1,354 748 532 28.0 TOWN OF PORTOLA VALLEY 3,223 1,056 739 274 32.8 TOWN OF WOODSIDE 3,825 1,177 671 444 30.8 WOODSIDE ELEMENTARY SCHOOL 3,068 1,001 471 278 32.6 UNINCORPORATED AREA 26,552 6,798 4266 2268 25.6 Absentee Totals 18389 9573 23.4 29,395 125,795 COUNTY OF SAN MATEO JUNE 3, 2014 STATEMENT OF THE VOTE Page 199 of 199 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEASURE AA 25 Grand Totals MI D P E N I N S U L A R E G I O N A L YE S NO Tu r n o u t ( % ) Re g i s t r a t i o n Ba l l o t s C a s t 14TH CONGRESSIONAL DISTRICT 59,902 18,154 11148 5984 30.3 18TH CONGRESSIONAL DISTRICT 65,893 21,143 13635 6623 32.1 22ND ASSEMBLY DISTRICT 62,606 18,931 11758 6167 30.2 24TH ASSEMBLY DISTRICT 63,189 20,366 13025 6440 32.2 3RD SUPERVISORIAL DISTRICT 67,187 25,029 15357 8319 37.3 4TH SUPERVISORIAL DISTRICT 58,608 14,268 9426 4288 24.3 13TH SENATORIAL DISTRICT 125,795 39,297 24783 12607 31.2 BOARD OF EQUALIZATION - DISTRICT 125,795 39,297 24783 12607 31.2 CABRILLO UNIFIED SCHOOL DISTRICT 16,145 7,155 4056 2369 44.3 CITY OF BELMONT 858 266 0 0 31.0 CITY OF EAST PALO ALTO 8,519 1,064 769 245 12.5 CITY OF HALF MOON BAY 6,525 3,094 1833 1110 47.4 CITY OF MENLO PARK 17,666 5,327 3656 1446 30.2 CITY OF REDWOOD CITY 35,664 9,514 6057 3080 26.7 CITY OF SAN CARLOS 18,129 6,083 3748 2086 33.6 COUNTY OF SAN MATEO 125,795 39,297 24783 12607 31.2 GRANADA SANITARY DISTRICT 5,110 2,261 1181 669 44.2 MIDPENINSULA REGIONAL OPEN 125,795 39,297 24783 12607 31.2 SEQUOIA UNION HIGH SCHOOL 110,578 32,575 20413 9942 29.5 STATEWIDE DISTRICT 125,795 39,297 24783 12607 31.2 TOWN OF ATHERTON 4,834 1,624 879 659 33.6 TOWN OF PORTOLA VALLEY 3,223 1,388 969 365 43.1 TOWN OF WOODSIDE 3,825 1,611 946 569 42.1 WOODSIDE ELEMENTARY SCHOOL 3,068 1,400 682 368 45.6 UNINCORPORATED AREA 26,552 9,326 5926 3047 35.1 Absentee Totals Early Voting Totals Election Day Totals 7.7 Grand Totals 120 18389 6274 24783 71 9573 2963 12607 196 29,395 9,706 125,795 125,795 125,795 0.2 23.4 125,795 39,297 31.2 Certification of the Votes Cast State of California } SSe County of Santa Cruz 1, Gail L. Pellerin,· County Clerk of the County of Santa Cruz, do hereby certify that the following is a full, true and correct statement of the results of the official canvass of the returns of the June 3, 2014 Statewide Primary Election held in the County of Santa Cruz. I hereby set my hand and official seal this 23rd day of June, 2014. Gail L. Pellerin Santa Cruz County Clerk 6/23/1410:54AM June 3,2014 50223 0178 50223 -Vote By Mail! Absentee F Precinct Totals Vote By Mail! Absentee Reportin£ Grand Totals CALIFORNIA 18th Congressional Dist 17th Senatorial District 29th Assembly District State Board of Equal.. District 1 State Board of Equal District 2 Supervisor District 5 Santa Cruz Unincorporated Area Unincorporated Parks & Recreatic s::: 0 � .£: (/) .0, � 4 4 4 4 4 I 4 4 4 4 4 4 4 4 4 4 -(/) c cu u -� ::J ..2 0 E C;; ::J III I- 0 0.00 2 50.00 0 0.00 2 50.00 2 50.00 2 50.00 '.' 2 50.00 2 50.00 2 50.00 2 50.00 21 50.00 ".':' . 2 50.00 2 50.00 2 50.00 2 50.00 SANTA CRUZ COUNTY Statement of Vote STATEWIDE PRIMARY ELECTION AA -MIDPEN REGIONAL OPEN SPACE BOND 2/3 TO PASS IE 0 Z ... ... Q Q Z Z 0 0 -= -= 0 0 1 1 ". ,,/, 0 0 1 1 i , . 1 '1 1 1 - 1 1 1 1 1 1 1 • 1 'fl_.· ........ ' .', 1 . .. .. 1 , 1 1 1 1 1 1 100 of 100 I I ,' .. • •••• ',' ,I .. > .. Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 R-14-92 Meeting 14-16 July 9 , 2014 AGENDA ITEM 5 AGENDA ITEM Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of General Obligation Bonds CONTROLLER’S RECOMMENDATION Adopt a Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of General Obligation Bonds. SUMMARY Adoption of the proposed resolution will permit the District to be reimbursed, from the proceeds of future issuances of general obligation bonds, for expenditures on Top 25 Projects made no earlier than 60 days from the date of adoption of this resolution and not later than 18 months after the date the expenditures are paid. DISCUSSION Because of concerns over arbitrage abuses, the IRS has promulgated regulations regarding when the use of bond proceeds to reimburse expenditures paid prior to the date of issue of bonds will be treated as an expenditure of the bond proceeds. Such expenditures paid after the date of issue of the bonds are not subject to these rules and may be reimbursed without limitation. There are three basic requirements under the reimbursement rules: (i) the official intent requirement, (ii) the reimbursement period requirement and (iii) the capital expenditure requirement. Official Intent Requirement The official intent requirement provides that, no later than 60 days after payment of the project expenditures, the issuer must adopt official intent that (i) declares the issuer’s intent to reimburse expenditures for the project, (ii) generally describes the project, and (iii) states the maximum principal amount of obligations expected to be issued for the project. On the date of the declaration, there must be a reasonable expectation to reimburse the project expenditures with bond proceeds. Reimbursement Period Requirement Expenditures must be reimbursed not later than 18 months after the date the expenditures were paid. R-14-92 Page 2 Capital Expenditure Requirement The project expenditures to be reimbursed must be a capital expenditure, a cost of issuance, or a specified type of extraordinary working capital expenditure. Bond counsel has drafted the proposed resolution which meets the requirements of the U.S. Treasury regulations and will allow the District to obtain maximum reimbursement for expenditures on Top 25 Projects prior to receiving the proceeds from future sales of GO bonds. FISCAL IMPACT There are no immediate fiscal impacts from the adoption of the proposed resolution. The failure to adopt the proposed resolution, however, would mean the District would not be able to obtain reimbursement for substantial project expenditures. PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE The adoption of the proposed Resolution is not a “project” under CEQA. NEXT STEPS After adoption of this resolution, there is no further board action required. Attachment: 1. Resolution Declaring Intention to Reimburse Expenditures from the Proceeds of General Obligation Bonds Responsible Department Head: Steve Abbors Prepared by: Mike Foster and Sheryl Schaffner RESOLUTION 14-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF GENERAL OBLIGATION BONDS ______________________________________________________________________________ WHEREAS, Section 5568 of the Public Resources Code of the State of California authorizes districts to issue general obligation bonds to finance regional and local park, recreational and open space land and improvements upon full compliance with the provisions of Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the Government Code of the State of California (the "Act"); WHEREAS, at an election held on June 3, 2014, at least two-thirds of the registered voters in the boundaries of the Midpeninsula Regional Open Space District (the “District”) voting on the question authorized the District to issue up to $300 million of general obligation bonds to finance the costs of providing public access and acquiring, restoring and preserving open space throughout the District; WHEREAS, the District proposes to undertake the projects described in its Ordinance No. 14-02, adopted by the District on February 26, 2014, entitled “An Ordinance of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Election and Ordering the Submission of a Proposition for Incurring Bonded Indebtedness Not to Exceed $300 million for the Purpose of Providing Public Access and Acquiring, Restoring and Preserving Open Space Throughout the District, to the Qualified Voters of the Midpeninsula Regional Open Space District at the General Municipal Election to be held on June 3, 2014” (the “Ordinance”), to issue general obligation bonds (“General Obligation Bonds”) for such projects and to use a portion of the proceeds of such General Obligation Bonds to reimburse expenditures made for the projects prior to the issuance of the General Obligation Bonds; WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and WHEREAS, it is in the public interest and for the public benefit that the District declares its official intent to reimburse the expenditures referenced herein. NOW, THEREFORE, BE IT RESOLVED that: 1. The District intends to issue General Obligation Bonds for the purpose of paying the costs of the projects described in the Ordinance (the "Projects"). 2. The District hereby declares that it reasonably expects (i) to pay certain costs of the Projects prior to the date of issuance of the General Obligation Bonds and (ii) to use a portion of 2 the proceeds of the General Obligation Bonds for reimbursement of expenditures for the Projects that are paid before the date of issuance of the General Obligation Bonds. 3. The maximum principal amount of the Obligations is $300 million. 4. This Resolution shall take effect immediately upon its adoption by the Board of Directors of the District. 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 R-14-94 Meeting 14-16 July 9, 2014 AGENDA ITEM 6 AGENDA ITEM Interim Grazing License for the Apple Orchard Grazing Unit at La Honda Creek Open Space Preserve 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. Authorize the General Manager to execute an interim grazing license to Wilson Cattle Company for the Apple Orchard Grazing Unit based on the terms and conditions set forth in the attached interim grazing license. SUMMARY On December 11, 2014, the District entered into a Lease and Management Agreement with Peninsula Open Space Trust (POST) for the Apple Orchard and Event Center properties (see report R-13-106) to manage as additions to La Honda Creek Open Space Preserve (Preserve). Prior to the approval of the management agreement with POST, Driscoll Ranches, LLC, relinquished their grazing lease of the Apple Orchard on November 1, 2013. The Board- approved Preliminary Use and Management Plan for the Apple Orchard property includes continued year-round grazing. As access to this property is constrained, the General Manager recommends entering into an interim license to graze the property with Wilson Cattle Company, who owns adjacent grazing land with livestock corrals and direct access to the Apple Orchard that does not require crossing a creek to graze the property. The interim license would remain in effect until the proposed purchase of the Apple Orchard property from POST is brought to the Board for consideration. DISCUSSION (SEE MAP, ATTACHMENT 1) The 292-acre Apple Orchard property is located on the western edge of the Town of La Honda with San Gregorio Creek bordering its southerly boundary and La Honda Creek Open Space Preserve (Preserve) bordering its northerly boundary. This property has been historically grazed by Driscoll Ranches, LLC, until November 1, 2013. Prior to Driscoll Ranches, LLC, the property was grazed by neighboring landowners who had access to improved corral facilities from Sears Ranch Road. Under the District’s Lease and Management Agreement with POST, R-14-94 Page 2 the District assumes all property management responsibilities for the Apple Orchard property, including leasing or licensing the property for grazing. Access to the Apple Orchard property (as noted in Attachment 1) is constrained by San Gregorio Creek to the south and seasonal tributaries to the east and north. On March 14, 2014, staff visited the property to evaluate access from the Driscoll Ranch area of the Preserve. An easily accessible route was not found across a Harrington Creek tributary, which would have provided an opportunity for the adjacent Driscoll Ranch grazing tenant, Allan Renz, to potentially graze the property. The ranch road from Sears Ranch Road is narrow with no livestock corrals, and it transverses a seasonal wetland/drainage to access the main grazing pasture of the Apple Orchard. The access point from Highway 84 also has no corrals for managing livestock and fords San Gregorio Creek, which is impassable during large winter storms. Each of these access points would require additional evaluation to determine if they can be improved for year-round access. This assessment is in process as part of a series of stewardship projects co-managed with POST, and grant funded through the Resource Legacy Fund. Wilson Cattle Company’s ranch location abuts the Apple Orchard on its northeastern boundary (see APNs 083-361-080, 083-361-090, 083-361-110, 078-290-050, and 083-361-070 on Attachment 1). There are two access points from the ranch to the Apple Orchard that do not cross any drainages and/or creeks. In addition, the ranch has a set of corrals for loading and unloading of livestock via Sears Ranch Road. Given the Apple Orchards access limitations, Wilson Cattle Company provides a viable grazing tenant for this property. Therefore, the General Manager proposes to enter into an interim grazing license with Steve Wilson of Wilson Cattle Company, a neighboring rancher, to graze year-round with a maximum of 300 Animal Unit Months (AUMs) (equivalent to 25 cow/calf pairs year round). Additionally, Mr. Wilson historically grazed this property prior to Driscoll Ranches, LLC. The interim grazing license would initially be for one year, but may be reissued for subsequent years under the General Manager’s authority. A long-term grazing lease for the property would be brought to the Board for consideration together with the proposed land purchase. Rangeland Management Plan The Driscoll Ranch Resource Management Plan (Rana Creek et al 2005) was amended to include the Apple Orchard as part of the Preliminary Use and Management Plan when the District entered into a Lease and Management Agreement with POST to manage the Apple Orchard and Event Center properties as additions to La Honda Creek Open Space Preserve. Grazing at the Apple Orchard would be conducted in accordance with the conservation grazing principles outlined in this plan with the following objectives: • Continue grazing the Apple Orchard property with a maximum of 300 Animal Unit Months (AUMs) annually (equivalent to 25 cow/calf pairs year round). • Enhance grassland habitat value and reduce fire fuel load by applying District performance standards for residual dry matter (RDM), which are the same standards set forth by the US Department of Agriculture Natural Resources Conservation Service (NRCS). R-14-94 Page 3 • Control non-native, invasive plants species on the property by working closely with the interim tenant to identify, map, and treat infestations on the property. • Protect and enhance riparian and aquatic habitat on the property by maintaining a fenced vegetative buffer between the Apple Orchard property and San Gregorio Creek to keep grazing livestock out of the stream channel. • Develop or improve ranch infrastructure on the property to allow the livestock operator to implement the District’s conservation grazing program. The District would work with the current tenant and/or contractor to repair and strengthen the perimeter fencing and add new fencing where needed. Also, although drinking water for livestock is sufficient on the property, additional troughs may be installed to encourage more even livestock distribution across the property and maximize the ecological benefit of the conservation grazing program. Compliance with the Coastside Protection Area Service Plan The Apple Orchard property is located within the Coastside Protection Area. The District’s Service Plan for the Coastside Protection Area establishes a number of policies and procedures that guide the District’s purchase, use, and management of open space land within the Coastside Protection Area. The Service Plan requires consultation with interested public agencies, officials, organizations, and community interest groups to solicit input into the decision-making and planning process prior to the Board’s consideration of significant decisions regarding use or improvements on District-owned lands within the Coastside Protection Area. The need to evaluate the creek crossings constraints to the Apple Orchard before selecting a grazing operator was discussed with the San Mateo County Farm Bureau at a May 20, 2013 property tour, and at their regular Board meeting on June 3, 2013. The Farm Bureau understood the access constraints and was generally supportive of the District’s approach. CEQA COMPLIANCE Project Description The proposed project consists of an interim grazing license for the 292-acre Apple Orchard property that is owned by POST and managed by the District for open space preservation purposes, and the concurrent adoption of a Preliminary Use and Management Plan to manage the property as part of the District’s La Honda Creek Open Space Preserve. The District would manage the property under the terms of the lease and management agreement, which maintains the land in a natural condition and open to the public on a permit basis. Cattle grazing would be reinstated at the Apple Orchard property, including minor maintenance and repair of existing infrastructure. In accordance with the Coastside Protection Program, the project incorporates all of the Coastside EIR mitigation measures, which apply to lease and management agreements within the Coastside Protection Area and is subject to the Coastside EIR mitigation monitoring program. R-14-94 Page 4 CEQA Determination The District concludes that this project would not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15301, and 15061(b) (3) 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 issuance of an interim grazing license would not result in an expansion of the prior use, but would ensure that the livestock grazing continues during the term of the Lease and Management Agreement with POST. The project is also exempt under Section 15061(b) (3), as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS Grazing Tenant The General Manager recommends that the Board approve entering into a one-year interim grazing license, which may be reissued for subsequent years under the General Manager’s authority until the District considers the purchase of the property from POST in the future. Mr. Wilson, of Wilson Cattle Company, is a local operator with years of experience and familiarity with the Apple Orchard Grazing Unit. He has the necessary qualifications to run a grazing operation consistent with the license and the District’s resource management objectives. The Wilson ranch property abuts the Apple Orchard property, and is not constrained by riparian crossings to access the grasslands on the property. The Wilson ranch also provides livestock corrals for easy loading and unloading of livestock from Sears Ranch Road. Grazing License Terms and Conditions (see Attachment 2) The interim grazing license term is for one (1) year. The license may be reissued at the District’s election, if the tenant is willing, on the terms and conditions set forth in the license. The effective date would be July 9, 2014. First year rent would be $5,055.00 calculated as follows: Apple Orchard - 25 AUMs per month for twelve months = 300 AUMS Total Grazing Capacity = 300 AUMS Per AUM Rent = $16.85 Rent for first lease year = 300 AUM X $16.85 = $5,055.00 Annual rent for subsequent license terms would be adjusted annually thereafter to reflect any changes in the authorized grazing season, grazing capacity, and fluctuations in the market price of beef cattle from year to year. R-14-94 Page 5 Rent credit for performance of work by the tenant may be granted on a case-by-case basis for improvements to the ranch infrastructure, such as repairing perimeter fencing or constructing a new fence. Rental credits may not exceed the annual rent for the Apple Orchard Grazing Unit. The licensee would be required to manage and operate the Apple Orchard Grazing Unit according to the range practices set forth in the grazing license. BOARD COMMITTEE REVIEW The Real Property Committee met on June 11, 2013 to review the lease and management agreement for the Apple Orchard and Event Center properties with POST, which included a discussion of the need to evaluate the access constraints to the Apple Orchard before making a recommendation of a grazing operator. FISCAL IMPACT The annual revenue for the Apple Orchard Grazing Unit would be $5,055.00. Rental credits for identified grazing infrastructure improvements cannot exceed the annual fee of the license. Therefore, there is no fiscal impact for Fiscal Year 2014-15. PUBLIC NOTICE Written notice of this item has been sent to property owners of land located adjacent to or surrounding the Preserve, adjacent grazing tenants, as well as to Coastside public officials, community interest groups, nonprofit land trusts, conservation-oriented organizations, elected officials, government agencies, and government sponsored organizations within the Coastside Protection Area. NEXT STEPS If the interim grazing license is approved by the Board of Directors for the Apple Orchard Grazing Unit, the District would notify Wilson Cattle Company of Board approval of this item and the General Manager would subsequently enter into a one year license. Attachments: 1. Map 2. Grazing License Apple Orchard Grazing Unit, La Honda Creek Open Space Preserve Responsible Department Head: Michael Williams, Real Property Manager Kirk Lenington, Natural Resources Manager Prepared by: Elaina Cuzick, Real Property Specialist Kirk Lenington, Natural Resources Manager Clayton Koopmann, Rangeland Ecologist R-14-94 Page 6 Contact person: Elaina Cuzick Graphics prepared by: Michelle Childs, GIS Planning Technician ) É " É LA HON DA"Apple Orchard" LowerTurtle UpperTurtle ReflectionLake Se a r s RanchR d £¤84 £¤84 La Ho nda Creek Open Space Preserve(Former Driscoll Ranch Area) LaHonda C r e e k SanGreg or io Cr e e k 083-361-100 082-150-030 082-150-040 083-361-040 083-361-090 083-361-080 078-290-050 083-361-070 083-361-110 Mi d p en in su la Re g io na lOpen S p ac e Di st r ic tExhibit A: A p p l e O r c h a r d G ra z i n g A r e a June, 2014 Path: G:\Projects\La_Honda_Creek\Driscoll\AppleOrchard&EventCenter\ExhibitA_AppleOrchardGrazingArea_Aerial.mxd Created By: jmontgomery 0 0.20.1MilesI (M RO S D ) While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es. Pe reni a l St r eam ! ! ! ! ! L a H o n d a C r e e k Area ofDetail £¤280La Honda Creek Open Space Preserve(Driscoll Ranch Area) H ig hwa y or M aj o r Ro ad Unm ai nt a in ed Ro ad W i dt h Dr i sco ll Ra nch MR O SD Pr ese rves Ap pl e O r cha rd Int er mi t t ent St r eam ç Se asonal O nly Crossing Pa ved Ro a d £¤35£¤84 ç Se asonal O nly Crossing Attachment 2 SUMMARY OF INTERIM GRAZING LICENSE TERMS APPLE ORCHARD GRAZING UNIT This is a summary (“Summary”) of the principal terms and conditions of the Interim Grazing License for the Apple Orchard Grazing Unit at La Honda Open Space Preserve. Each item below shall be deemed to incorporate all of the terms and conditions set forth in the Interim Grazing License pertaining to such item. In the event of any conflict between the information in this Summary and any more specific provision of the Interim Grazing License, the more specific Interim Grazing License provision shall control. Licensor: Midpeninsula Regional Open Space District Licensee: Wilson Cattle Company Term: July 9, 2014 (“Commencement Date”) through July 8, 2015 Grazing Season: Annual First Year Grazing Capacity: 25 AUMs Use: Cattle grazing and authorized adjunct activities Annual Rent: Total Annual Rent = $5,055 Rent Payments Due: Bi-annual on January 2nd and July 31st Licensor Contact Information: Licensee Contact Information: Primary Contact: Real Property Specialist Primary Contact: Steve Wilson Tel: (650) 691-1200 Tel: (650) 747-0740 Alternate: Skyline Area Superintendent Alternate Contact: Tel: (650) 949-1848 Tel: Alternate: Rangeland Ecologist Tel. (650) 696-1200 Notice Addresses of Licensor: Notice Address of Licensee: Midpeninsula Regional Open Space District Wilson Cattle Company Attn: Real Property Specialist Sears Ranch Road 330 Distel Circle La Honda, CA 94020 Los Altos, CA 94022 With a copy to: MROSD – Skyline Field Office Attn: Area Superintendent 21150 Skyline Boulevard, La Honda, CA 94020 Attachment 2 INTERIM GRAZING LICENSE APPLE ORCHARD GRAZING UNIT LA HONDA CREEK OPEN SPACE PRESERVE THIS INTERIM GRAZING LICENSE (“License”) is granted on July 9, 2014 (“Commencement Date”), by the Midpeninsula Regional Open Space District (“Licensor”) to Wilson Cattle Company (“Licensee”). 1. PREMISES a. Licensor licenses to Licensee, upon the terms and conditions stated herein, a right to graze livestock on the 292-acre property commonly known as the Apple Orchard, as generally depicted on the map in Exhibit A (“Premises”), both attached hereto and incorporated herein. Licensor makes no warranties and/or representations to Licensee concerning the suitability of the Premises for grazing purposes. b. Licensee’s use of the Premises is subject to all existing easements, servitudes, licenses and rights of way for ditches, levees, roads, public utilities, pipelines and any other purposes, whether of record and including the right of Licensor, its directors, officers, employees, volunteers and the general public to use the Premises as public open space as more specifically set forth herein. 2. TERM AND TERMINATION a. The term (“Term”) of this License shall commence on the Commencement Date (as set forth in the Summary of Interim Grazing License Terms) and shall terminate on July 8, 2015 unless extended by mutual written consent of both parties (“Termination Date”). b. Either party may elect to terminate the License prior to the Termination Date for any reason whatsoever upon seven (7) days prior written notice to the other party. In the event Licensor elects to terminate the License prior to the Termination Date, Licensee shall be allowed a reasonable time in which to vacate the Premises but in no event shall such time exceed fourteen (14) days following delivery by Licensor of written notice of termination to Licensee. In the event of termination of this License prior to the Termination Date by either party, Licensee’s sole and exclusive remedy shall be a pro-rata refund of grazing rent paid in advance. 3. ACCEPTANCE AND SURRENDER OF PREMISES Licensee hereby accepts the Premises in its present condition, “as is”, and agrees, on the last day of the Term or upon earlier termination of this License, to surrender the Premises and all appurtenances to Licensor in the same or better condition as when received, reasonable use, wear and tear, damage by fire, acts of nature, or the elements excepted, and to remove all of Licensee’s property from the Premises. Attachment 2 4. RENT a. Amount of Rent and Calculation of Rent. Licensee agrees to pay to Licensor an Annual Rent of $16.85 per Animal Unit Month (AUM) during the first year of the Term. For each lease year thereafter, annual Rent shall be adjusted upward or downward as further described in Exhibit B – Calculation of Annual Grazing Rent. Rent shall be payable in two lump sum payments, and shall be paid on or before the dates set forth in the Summary (“Rent Payment Date”) at the address shown for District in the Summary of License Terms above. b. Stocking Rate. The stocking rate during the entire Term will not exceed 25 AUM (animal unit months) without the prior written consent of Licensor, which shall be in Licensor’s sole discretion. The authorized stocking rate may be adjusted downward by Licensor at any time at its sole discretion. Upon Licensor’s written notice to Licensee indicating such downward adjustment, Licensee shall have until fourteen (14) days from such notification to remove the number of livestock from the Premises necessary to comply with the adjusted authorized stocking rate. c. License Rent Credit for Performance of Work. Licensee may request permission from Licensor to substitute performance of work (“Work”) on the Premises, and only such matters for which Licensee is not otherwise obligated or responsible, in lieu of all or a portion of cash rental payments by the following procedure and subject to the following conditions: i. Prior to commencing any such Work, Licensee shall submit a written proposal to Licensor for approval of specific Work and shall provide an estimate of the value of such Work (Exhibit C). ii. Licensor shall review such Licensee proposal and value estimate, and may elect, in its sole discretion, to authorize the performance of such Work, or may counter the offer of Licensee, either as to the scope of Work or valuation thereof. If acceptable to Licensee, Licensor may authorize the performance of such Work in lieu of all or a portion of Rent in the agreed upon amount. Any such authorization shall be in writing and signed by a duly authorized Licensor representative or shall be of no force and effect. iii. In the event Licensor approves specific Work to be performed by Licensee in lieu of all or a portion of Rent, all such Work shall be performed in a timely and professional manner, to the reasonable satisfaction of Licensor. iv. Licensee shall notify Licensor upon completion of the authorized Work and shall arrange for inspection of such Work by Licensor. If Licensor, after inspection, accepts the Work as fully and correctly performed, it shall authorize, in writing, that such Work be substituted for all or a portion of Licensee’s Rent obligations in the agreed upon amount. If Licensor determines that the Work has not been fully or correctly performed, it shall notify Licensee of the deficiencies and Licensee shall have a reasonable period of time to correct the identified deficiencies. Licensee shall thereafter notify Licensor and request further inspection. v. Licensee may thereafter apply the credit authorized herein to Rent accruing under this License. vi. In no event shall credit for Work performed in lieu of Rent exceed the Attachment 2 amount of Rent due for the remainder of the then current Term and any excess claimed may not be carried over or otherwise applied to rental obligations arising thereafter. Should Licensor terminate this License for any reason permitted hereunder, Licensor shall, prior to the full application of any such credit to Rent due, reimburse Licensee for Work that was approved by Licensor and correctly performed by Licensee, provided that Licensor’s termination of this License is not due to a material default or breach of Licensee that results in a determination by a court of competent jurisdiction that any such credit accrues to the benefit of the Licensor. vii. Nothing contained herein shall be construed to make Licensee an employee or agent of Licensor and Licensee shall be and remain an independent contractor. viii. The type of work that may be considered for rental credit shall include but not be limited to: 1. Road brushing, minor grading, and maintenance 2. Invasive plant treatment 3. Repairing perimeter fencing and constructing new fencing. 4. Water improvements 5. USE a. The Premises are licensed to Licensee for cattle livestock grazing in accordance with the Driscoll Ranch Resource Management Plan (Exhibit E) and for no other purpose or purposes without the prior written consent of Licensor. Upon prior written or oral notice to Licensor, Licensee may at his discretion vary the kind and number of livestock grazed upon the Premises provided the stocking rate permitted hereunder is not exceeded. This License is personal to Licensee and may not be assigned or transferred by Licensee in whole or part. Livestock grazed on the Premises must be owned either by the Licensee or grazed under the supervision of the Licensee through a written third-party agreement acceptable to the Licensor. b. Licensee agrees to conduct the livestock grazing operation in a safe, responsible, professional and environmentally conscious manner and shall distribute livestock grazing throughout the Premises so that a Residual Dry Matter (RDM) of un-grazed herbaceous vegetation should not be less than 1,000 lbs. on the ground at the end of the License Term. Licensee is responsible at all times for containment of livestock on the Premises. c. Licensee may provide weed-free supplemental feed to maintain the health and vitality of permitted livestock. Licensee may not conduct supplemental feeding on the Premises to prolong grazing use in areas where the forage levels mentioned in Paragraph 5.b. above have been reached. Attachment 2 d. Licensee will comply with all applicable laws, permits, statues, ordinances, rules, governmental orders, regulations, and requirements pertaining to the occupancy and use of the Premises, including but not limited to any State Water Resources Control Board Livestock Stockpond Use Registration Certificates including Certificate Numbers L23 and L25, the Land Conservation Agreement recorded in the Official Records of San Mateo County in Volume 5207 at page 279, and all Regulations for Use of Midpeninsula Regional Open Space District Lands, as in force on the Commencement Date of this License or as hereafter amended, and shall not use or permit others to use the Premises for any unlawful or prohibited purpose or purposes. 6. ENTRY AND INSPECTION Licensee agrees that Licensor and its directors, officers, employees, agents and authorized volunteers may enter the Premises at any time, with or without notice, to inspect them, make any changes, alterations or repairs which Licensor in its sole discretion considers appropriate for the protection, improvement or preservation of the Premises, and to post any notice provided for by law or otherwise to protect rights of Licensor. 7. ALTERATIONS a. Licensee shall obtain the prior written consent of Licensor prior to making any alterations to the Premises and to obtain, if necessary, and fully comply with, all applicable permits, authorizations, relevant government laws, ordinances, and regulations before making any alterations of, changes in, or additions to the Premises. b. All alterations, additions and improvements made in, to, or on the Premises, except unattached, moveable fixtures, are the property of the Licensor and will remain upon and be surrendered with the Premises upon termination of this License. 8. INDEMNIFICATION During the term of the License, Licensee agrees to indemnify, protect, defend and hold Licensor, its employees, agents, and officers harmless from and against any and all claims, losses, damages, demands, liabilities, suits, penalties, costs, expenses (including, without limitation, attorneys’ fees), causes of action, claims and/or judgments arising out of or in connection with any injury or damage to any person or persons including, without limitation, Licensor and its agents, employees, officials, guests, invitees, consultants and contractors from any cause or causes whatsoever while in or about the Premises or from licensee’s operations on the Premises, except any claim which is the direct result of Licensor’s sole negligence or willful misconduct. 9. WAIVER OF CLAIMS. Attachment 2 Licensor shall not be liable to Licensee, and Licensee hereby waives any claims against Licensor for any damage to property or injury or death to any person in, on, or about the premises by or from any cause whatsoever. 10. INSURANCE a. Licensee agrees to obtain, and keep in force during the term of the License, at Licensee’s own cost and expense, a policy or policies of commercial general liability insurance and business auto liability insurance, each in an amount of not less than $1,000,000 per occurrence or accident for all covered losses. These policies must be endorsed to name the District and Peninsula Open Space Trust as additional insured. Evidence of such endorsement, by a duly executed Certificate of Insurance (ACORD 25-S, or a successor or comparable form, subject to prior approval by District) shall be provided to District upon execution of the License and shall be updated thereafter as necessary. Each of the above policies must contain a provision that the policy will not be cancelled or materially changed without thirty (30) days’ prior written notice to Licensor. Licensee shall also comply with all applicable statutory workers compensation requirements. b. Upon request by Licensor, Licensee shall direct his insurer or his insurance agent to furnish Licensor with a copy of any policy cited above, certified to be a true and complete copy of the original. 11. WEED AND PEST CONTROL a. Licensor can submit for rent credit the control of noxious weeds and animal pests upon the Premises. Licensee shall fully cooperate with Licensor in any programs designed to control or eradicate weed and pest populations. b. Licensee is absolutely prohibited from transporting, mixing, applying, storing, or disposing of pesticides or hazardous substances upon the Premises without the prior written consent of Licensor. 12. ATTORNEY’s FEES/COSTS OF SUIT If legal action shall be brought by either of the parties, the party prevailing in said action shall be entitled to recover the costs of the suit and reasonable attorney’s fees. 13. DEFAULT a. The occurrence of any of the following shall constitute a material default and breach of this License by Licensee: i. The abandonment of the Premises by Licensee; or ii. A failure by Licensee to observe and perform any provision of this License to be observed or performed by Licensee. b. In the event of any such default by Licensee, then in addition to any other remedies available hereunder to Licensor or at law or in equity, this License and Attachment 2 all rights of Licensee hereunder shall be terminated upon delivery by Licensor of notice of such termination to Licensee. Upon such termination, Licensor may recover from Licensee all amounts necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to perform Licensee's obligations under this License or which in the ordinary course of things would be likely to result there from. c. In addition to the remedies provided above, in the event Licensee shall fail to perform any obligation to be performed by Licensee under this License, or shall fail to pay any sum required to be paid by Licensee under this License, Licensor may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Licensee shall promptly upon demand by Licensor therefore, reimburse to Licensor all costs 14. WAIVER. Waiver by Licensor of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. Licensor's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of Licensor's right to recover the full amount thereof. Attachment 2 15. NOTICES Wherever this license provides for notices between the parties, or wherever the law requires or gives the right of serving a notice, the same shall be served personally or by registered or certified mail, addressed as follows: Licensor: Licensee: Midpeninsula Regional Open Space District Wilson Cattle Co. 330 Distel Circle Sears Ranch Road Los Altos, CA 94022-1404 La Honda, Ca 94020 Attn: Real Property Specialist Tel: (650) 533-2869 Tel: (650) 691-1200 Fax: (650) 691-0485 Licensor and Licensee may at any time in the manner provided herein change the place designated for receiving notice. Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered three (3) days after the posted date of mailing. IN WITNESS WHEREOF the parties hereto have subscribed their names. LICENSOR: LICENSEE: Stephen B. Abbors, General Manager Steve Wilson, Wilson Cattle Co. Midpeninsula Regional Open Space District Date: Date: Attachment 2 EXHIBIT A PREMISE MAP (Under separate cover) Attachment 2 EXHIBIT B CALCULATION OF ANNUAL GRAZING RENT The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each lease year thereafter, annual Rent shall be adjusted upward or downward based upon two factors: 1) The Grazing Capacity in AUMs authorized by District for the upcoming lease year. 2) An increase or decrease in the per AUM rental rate based upon whether the average selling price of beef cattle is higher or lower than the average selling price for the preceding year. The per AUM rental rate shall be adjusted upward or downward by 50% of the percentage change in beef cattle prices. For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle shall be taken as the average selling price of Medium Frame No.1 Muscling Steers and Heifers, 500-800 lbs., as reported by the Cattle Marketing Information Service, Inc. (Cattle- Fax) for the month of June prior to the start of the new lease year. In the event that the average sales price of beef cattle is not obtainable in any year from Cattle-Fax as now constituted, then the average sales price to be used in determining the rental rate shall be obtained from some other authentic source to be selected by District as providing a comparable price for this purpose. EXAMPLE: Assume the Grazing Capacity authorized by the District for the first lease year is as follows: Apple Orchard - 25 AUMs per month for 12 months (month - month) = 300 AUMS Total Grazing Capacity = 300 AUMS Per AUM Rent = $16.85 Rent for first lease year = 300 AUM X $16.85 = $5,055 Attachment 2 The total authorized AUMs for each upcoming lease year shall be established by the District on the basis of the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed by calculating the relative forage requirements of each of the kind or kinds of livestock intended to be grazed on the Premises in any one grazing year, as expressed by the following conversion factors: Type of Livestock Animal Unit Months (AUMs) Adult Cow with Calf up to 6 months old Heifer or Steer, 2 years & older (1,000 lbs. or more) 1.00 Yearling to 2-year-old (750 to 1,000 lbs.) 0.75 Weaned Calf to Short Yearling (up to 750 1bs.) 0.50 Bull 1.00 Horse 1.25 Sheep 0.20 Goats 0.20 Tenant shall use the Premises only for grazing the type of livestock permitted by District under the terms of the Lease. Attachment 2 EXHIBIT D RENTAL CREDIT PROPOSAL Date: Licensee: Grazing Season: Grazing Property (ex. October Farm): Project Description: Proposed Cost: (Labor & Equipment (including hourly rates)and Materials) Proposed Date of Work: Attachment 2 EXHIBIT E DRISCOLL RANCH RESOURCE MANAGEMENT PLAN (Under a separate cover)