HomeMy Public PortalAbout20141008 - Agenda Packet - Board of Directors (BOD) - 14-28
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
Wednesday, October 8, 2014
SPECIAL MEETING BEGINS AT 5:00
REGULAR MEETING BEGINS AT 7:00
A G E N D A
5:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: 8700 Alpine Road, La Honda, CA, 94020, San Mateo County APN 083-340-
140
Agency Negotiator: Michael Williams, Real Property Manager
Negotiating Party: Tricia Suvari, Vice President, Land Transactions, Peninsula Open
Space Trust
Under Negotiation: Price and terms of payment
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
(Government Code Section 54956.9(b))
One potential case
ADJOURNMENT
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS – PUBLIC
ADOPTION OF AGENDA
SPECIAL ORDER OF THE DAY
Introduction of New District Staff Members:
Meeting 14-28
• Carmen Lau, Youth Outreach and Public Affairs Assistant
• Julie Amato, Community Outreach Specialist
CONSENT CALENDAR
1. Approve Minutes of the September 24, 2014 Board Meeting
2. Approve Claims Report
3. Written Communications
Louise Wholey
4. Contract Amendment to Provide Additional Environmental Review Consulting Services for
the Proposed Ridge Vineyards Exchange Project (R-14-122)
Staff Contact: Michael Williams, Real Property Manager
General Manager’s Recommendation: Authorize the General Manager to amend a contract with
David J. Powers Associates, adding $24,750 to the existing contract, for a total not-to-exceed
amount of $128,035, to provide additional environmental review consulting services for the
proposed Ridge Vineyards Exchange project.
BOARD BUSINESS
5. Award of Contract for the Skyline Field Office HVAC Replacement Project (R-14-124)
Staff Contact: Aaron Hébert, Contingent Project Manager
General Manager’s Recommendation:
1. Authorize the General Manager to enter into a contract with B Bros Construction Inc., of San
Leandro, CA, for an amount not-to-exceed $264,585, which includes the contract price of
$240,532 to replace the Heating, Ventilation, and Air-Conditioning system at the Skyline
Field Office, and a 10% contingency amount of $24,053 to cover any unanticipated
additional repairs.
2. Authorize the General Manager to amend the professional services contract with
Tannerhecht, Inc. to increase the total contract amount by $19,540 to a not to exceed amount
of $44,420, for construction administration and oversight, which includes a 10% allowance
amount of $1,954 to cover any unanticipated problems during construction.
3. Determine that the proposed project is categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
6. Proposed Purchase of and related Preliminary Use and Management Plan and Categorical
Exemption for the Sargent Lysons Family Trust Property as an addition to Monte Bello
Open Space Preserve, located at 17251 Stevens Canyon Road in unincorporated Santa
Clara County (Assessor’s Parcel Number 351-16-020) (R-14-116)
Staff Contact: Allen Ishibashi, Real Property Specialist
General Manager’s Recommendation:
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in the staff report.
2. Adopt a resolution authorizing the purchase of the Sargent Lysons Family Trust property.
3. Adopt the Preliminary Use and Management Plan as contained in this report.
4. Withhold dedication of the Property as public open space.
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
ADJOURN MEETING
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 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on October 3, 2014, at the
Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. Agenda materials are also available on the District’s
website at http://www.openspace.org.
Signed this 3rd day of October, 2014, at Los Altos, California.
September 24, 2014
Board Meeting 14-26
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022
September 24, 2014
DRAFT MINUTES
SPECIAL MEETING – STUDY SESSION
CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 5:03 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
General Counsel Sheryl Schaffner, Planning Manager Jane Mark, Senior
Planner Tina Hugg, Natural Resources Manager Kirk Lenington, and
District Clerk Jennifer Woodworth
III. Measure AA Bond Oversight Committee (R-14-111)
District Clerk Jennifer Woodworth presented the staff report summarizing the makeup and role
of the Bond Oversight Committee as outlined in Measure AA and described potential options for
an advisory role for the Oversight Committee or separately appointed advisory body. Ms.
Woodworth described the planned recruitment timeline and terms for the Oversight Committee
members and Measure AA requirements regarding appointment of members to the Committee.
Board members discussed various potential advisory roles for the Bond Oversight Committee
and the charges given to the Committee in Measure AA.
Ms. Woodworth explained that the Board may charge the Bond Oversight Committee with
additional responsibilities but cannot limit the responsibilities authorized by Measure AA.
Meeting 14-26 Page 2
Motion: Director Kishimoto moved, and Director Harris seconded a motion to define the scope
and responsibilities of the Bond Oversight Committee as authorized by District Ordinance 14-02
and approved by the voters of the District as Measure AA.
VOTE: 5-1-0 (Director Siemens opposed; Director Hassett absent)
Board members discussed the staff recommended timeline for recruitment of Bond Oversight
Committee members and whether the Committee should meet prior to completion of the
FY2015-16 audit.
Motion: Director Kishimoto moved, and Director Harris seconded the motion to adopt the staff
recommendation for the first term of the Bond Oversight Committee to begin on April 1, 2016
and direct staff to complete all associated recruitment and additional duties to meet that
requirement. Additionally, staff is directed to return to the Board with an outreach plan to
receive input from members of the public who wish to comment on the process.
VOTE: 4-2-0 (Directors Cyr and Siemens opposed; Director Hassett absent)
Board members discussed various methods for appointing applicants to the Bond Oversight
Committee.
Motion: Director Siemens moved that Bond Oversight Committee members be appointed
through a nomination process whereby each Director would nominate one applicant to the
Committee following the interview process.
Motion dies for lack of a second.
Motion: Director Kishimoto moved, and Director Hanko seconded the motion to include in the
Bond Oversight Committee’s bylaws guidelines that the members of the Committee will be
appointed following a public interview process and appointments will be made by the full Board
of Directors. Additionally, criteria for choosing Committee members will reflect the
demographics and geographics of the District as much as possible with a Board preference that at
least one member of the Committee will have a financial background.
Friendly Amendment: Director Riffle offered a friendly amendment that the motion read to
reflect the “diversity and geographics” of the District rather than the “demographics and
geographics.”
Director Kishimoto accepted the friendly amendment.
VOTE: 5-0-1 (Director Siemens abstained; Director Hassett absent)
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to direct staff to
draft an appointment process for Bond Oversight Committee members in accordance with the
direction that each applicant requires at least four votes to be appointed, and each Board member
may vote up to the number of applicants as current openings on the Committee.
Director Cyr withdrew his second on the motion.
Meeting 14-26 Page 3
Director Riffle seconded Director Kishimoto’s motion.
Substitute Motion: Director Riffle moved, and Director Siemens seconded a substitute motion
to direct staff to return to the Board of Directors with a process to appoint Bond Oversight
Committee members following the close of the application period.
VOTE on SUBSTITUTE MOTION: 6-0-0 (Director Hassett absent)
Main motion fails due to passage of the substitute motion.
IV. MEETING CONTINUED
President Harris continued the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:54 p.m. until the closed session following the regular meeting.
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 7:02 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Yoriko Kishimoto, Curt Riffle,
and Pete Siemens
Members Absent: Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Natural Resources Manager Kirk Lenington, Rangeland
Ecologist Clayton Koopman, Planner III Gina Coony, Senior Planner
Meredith Manning, Real Property Manager Mike Williams, Real Property
Specialist Allen Ishibashi, and District Clerk Jennifer Woodworth
III. ORAL COMMUNICATIONS
Ron Keefer, representative Lupin Lodge, spoke regarding the use of water at Lupin Lodge and
requirements for maintenance of a viable water source on the property for fire fighting.
Cindy Gregory, resident of Lupin Lodge, spoke regarding the residential community and water
use at Lupin Lodge.
Glyn Stout read a letter from Sal Carilli, former neighbor of Lupin Lodge and provided copies to
the Board.
Meeting 14-26 Page 4
Lori Stout spoke regarding use of third-party mediation, fire fighting and liability during a forest
fire.
Charles Perkins, member of Lupin Lodge, spoke regarding water usage.
Rochelle Strider, resident of Lupin Lodge, read portions of a letter from James Ciampa of the
California Rural Waters Association.
Martha Shumway, resident of Lupin Lodge, spoke regarding environmental stewardship and
water conservation during the drought.
Hibert Engler, member of Lupin Lodge, spoke regarding the history of Lupin Lodge related to
historic natural disaster response and water usage.
Pamela Pridemore, resident of Lupin Lodge, spoke regarding water usage at Lupin Lodge.
IV. ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Riffle seconded the motion to adopt the agenda.
VOTE: 6-0-0 (Director Hassett absent)
V. CONSENT CALENDAR
1. Approve Minutes of the Special and Regular Board Meetings of September 10, 2014,
as amended
2. Approve the Claims Report
Director Hanko inquired regarding Claim Number 67587.
Natural Resources Manager Kirk Lenington explained that the payments were to District tenants
as reimbursement for their livestock killed by mountain lions.
Director Harris inquired regarding preventative measures used by District tenants.
Mr. Lenington explained that predation of cattle by mountain lions is unusual, and District staff
is currently looking at deterrence measures.
3. Authorization to Purchase One Hybrid Vehicle (R-14-121)
General Manager’s Recommendation: Authorize the General Manager to execute a purchase
contract with the State Department of General Services and associated contract dealers to
purchase one hybrid vehicle not to exceed $30,000.
4. Partnership with the City of East Palo Alto to Apply for a Habitat Conservation
Fund Program Grant for Cooley Landing Park (R-14-123)
Meeting 14-26 Page 5
General Manager’s Recommendation: Adopt a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District approving a grant application, prepared by the City
of East Palo Alto, as applicant, for funds from the Habitat Conservation Fund Program to
implement future phases of Cooley Landing Park.
Public hearing opened at 7:33 p.m.
No speakers present.
Public hearing closed at 7:33 p.m.
Motion: Director Riffle moved, and Director Cyr seconded the motion to approve the Consent
Calendar, as amended.
VOTE: 6-0-0 (Director Hassett absent)
VI. BOARD BUSINESS
5. Agreement to Install Water Infrastructure at the Russian Ridge Open Space
Preserve (R-14-119)
Rangeland Ecologist Clayton Koopman provided the staff report describing the proposed project,
location of the project, and described the design of the various water infrastructure elements
included in the proposed project.
Director Riffle inquired regarding the location of the various structures in relation to District
trails and visitors to District preserves.
Mr. Koopman explained that the structures will be located off the trails and primarily out of sight
to District visitors.
Public hearing opened at 7:48 p.m.
Mike Bushue inquired regarding availability of water in the Mindego area.
Mr. Koopman described locations of available water in the area.
Public hearing closed at 7:49 p.m.
Motion: Director Riffle moved, and Director Siemens seconded the motion to authorize the
General Manager to enter into an agreement with TKO General Engineering and Construction
Inc. of Woodside, CA, for a total contract amount not to exceed $101,061, which includes the
base bid of $87,879 and a fifteen percent contingency amount of $13,182, to install water
infrastructure at the Russian Ridge Open Space Preserve.
VOTE: 6-0-0 (Director Hassett absent)
Meeting 14-26 Page 6
6. Authorization to Reject All Bids Received August 12, 2014 for the Mount Umunhum
Interim Radar Tower Repair Project located in Sierra Azul Open Space Preserve (R-14-
115)
Planner III Gina Coony presented the staff report summarizing past Board decisions and staff
work regarding Mt. Umunhum. Ms. Coony described the bid process used by District staff and
the bids received for the project. Ms. Coony outlined the various factors contributing to the high
bids received, including current construction market, location of the site, and expanded scope of
the project beyond the engineer’s estimate.
Public hearing opened at 8:18 p.m.
Mike Buncic, resident of Los Gatos, inquired if rejecting all bids will delay access to the site by
the Mt. Umunhum Conservancy and if alteration to the project’s scope will change fundraising
needs for the Conservancy.
Ms. Coony explained that staff reviewed the possible delay and determined the District is still
committed to completing the interim repairs prior to the deadline of the end of the 2014-15 fiscal
year. Ms. Coony continued by stating that the temporary metal panels covering the access doors
to the radar tower continue to function properly and additional metal panels will be installed on
the remaining openings allowing for safe access to the site. Depending on the continuing
functionality of the metal panels, the project’s scope and related Conservancy fund raising
requirements may be reduced.
Brandon Lewke, resident of Redwood City, inquired regarding the difference in costs as listed by
the Mt Umunhum Conservancy and those listed by the District.
Ms. Coony explained that the construction costs are estimated at $300,000 and the $414,000
amount listed by the Mt. Umunhum Conservancy is the estimate for total project costs.
Public hearing closed at 8:21 p.m.
Motion: Director Siemens moved, and Director Cyr seconded the motion to:
1. Authorize the General Manager to reject all bids received to complete the Mount Umunhum
Interim Radar Tower Repair Project at Sierra Azul Open Space Preserve.
2. Authorize staff to re-evaluate the Project scope and solicit new bids to complete the Mount
Umunhum Interim Radar Tower Repair Project at Sierra Azul Open Space Preserve.
VOTE: 6-0-0 (Director Hassett absent)
VII. STAFF REPORTS
No reports from members of staff.
VIII. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
Meeting 14-26 Page 7
Director Kishimoto reported that she toured three Santa Clara Valley Water District facilities as
part of her role on their water commission. Director Kishimoto also reported that she will be
attending the CALAFCO conference in October.
Director Hanko reported that she attended the Volunteer Recognition Event and commented on
the entertainment provided and staff’s efforts.
Directors Riffle, Harris, and Siemens reported they attended the Volunteer Recognition Event
and thanked staff for their efforts in organizing the event to thank District volunteers.
Director Harris reported that she attended a meeting of the Save the Redwoods League.
IX. ADJOURN TO CLOSED SESSION
President Harris adjourned the Regular Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District to a closed session at 8:36 p.m.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code Section
54956.8)
Property: 1725 Stevens Canyon Road, Cupertino, CA 95014, Santa Clara County APN
351-16-020
Agency Negotiator: Allen Ishibashi, Real Property Specialist
Negotiating Party: Christopher Lysons
Under Negotiation: Price and terms of payment
X. ADJOURNMENT
President Harris adjourned the closed session of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:25 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
Page 1 of 2
CLAIMS REPORT
MEETING 14-28
DATE 10-08-14
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check
Date
Payment
Amount
67646 *10258 - HUNT LIVING TRUST Semi Annual Interest Payment - 10/1/2014 09/22/2014 $37,500.00
67658 10540 - CRAFTSMEN PRINTING Printing of Brochures (LT/ECM)09/24/2014 $24,216.38
Printing & Mailing of Annual Reports(2013-2014)09/24/2014
Printing of Brochures (PCR/SR)09/24/2014
67689 10468 - TANNERHECHT ARCHITECTURE, INC.SFO HVAC Design 09/24/2014 $18,043.75
67694 11388 - WAGNER & BONSIGNORE Water Rights Consulting Services - District Wide 09/24/2014 $7,624.65
Professional Services - Lupen Encroachment at Henry's Creek 09/24/2014
67686 10585 - SOL'S MOBILE SERVICE Vehicle Maintenance & Repairs - ATV2 09/24/2014 $4,320.96
Vehicle Maintenance & Repairs - ATV3 09/24/2014
Vehicle Maintenance & Repairs - M10 09/24/2014
Vehicle Maintenance & Repairs - M77 09/24/2014
Vehicle Maintenance & Repairs - P96 09/24/2014
Vehicle Maintenance & Repairs - P92 09/24/2014
Vehicle Maintenance & Repairs - M71 09/24/2014
Vehicle Maintenance & Repairs - M39 09/24/2014
Vehicle Maintenance & Repairs - WT-01 09/24/2014
Vehicle Maintenance & Repairs - ATV6 09/24/2014
Vehicle Maintenance & Repairs - P18 09/24/2014
Vehicle Maintenance & Repairs - P19 09/24/2014
67676 10073 - NORMAL DATA MAAP Database Work - Strategic Plan Implementation 09/24/2014 $4,115.00
Permits Database - Additions of Gates Information 09/24/2014
Contacts Database Development 09/24/2014
67659 10546 - ECOLOGICAL CONCERNS INC Landscape Maintenance for ECDM Staging Area (ECDM)09/24/2014 $3,020.00
Weed Control at SR Tree Farm & Los Trancos 09/24/2014
Water Trailer Usage for Herbicide Spraying 09/24/2014
67684 11427 - SAN MATEO COUNTY MEDICAL ASSOCIATION Sponsorship - "Midpen Walk With a Doc"09/24/2014 $3,000.00
67656 11318 - CONFLUENCE RESTORATION Mindego Gateway Planting & Landscape Maintenance 2014-2015 09/24/2014 $2,164.33
67692 10069 - THE WILFRED JARVIS INSTITUTE Professional Services - Leadership &Organizational Effectiveness 09/24/2014 $1,737.50
67677 10253 - PETERSON TRACTOR CO Maintenance & Repairs - T21 09/24/2014 $1,557.26
67654 10684 - BUTANO GEOTECHNICAL ENGINEERING Geotechnical Services for Pond DRO5 09/24/2014 $1,515.00
67653 10012 - BIOSEARCH ASSOCIATES Special Status Species Surveys - Mindego Hill Trail (RR)09/24/2014 $1,262.20
67695 11428 - BORIS BENCIC Refund of Security Deposit 09/24/2014 $1,260.00
67645 00000 - TOM PACHECCO Tenant Refund of Rent Overpayment 09/19/2014 $1,011.00
67678 11129 - PETERSON TRUCKS INC.Maintenance & Repairs - M22 09/24/2014 $997.08
67673 10058 - LIEBERT CASSIDY WHITMORE Legal Services - August 2014 09/24/2014 $933.00
67680 10090 - PRO-INSTALLERS Installation of Wood Stove Insert at Rental Residence 09/24/2014 $902.11
67691 10706 - THE MERCURY NEWS Ad for Bids-SFO HVAC System 09/24/2014 $834.24
67647 10004 - ACCOUNTEMPS Accounting Temp 09/24/2014 $757.40
67675 10190 - METROMOBILE COMMUNICATIONS Portable radios 09/24/2014 $674.44
67672 11392 - LENNIHAN LAW Water Rights Legal Consulting - District Wide 09/24/2014 $667.80
67648 11170 - ALEXANDER ATKINS DESIGN, INC.Proclamation for Docent 09/24/2014 $665.00
Web Banners for Phillippines News Service 09/24/2014
Resolution for Bay Area Ridge Trail 09/24/2014
67663 10187 - GARDENLAND POWER EQUIPMENT Fuel for Chainsaws 09/24/2014 $611.95
Page 2 of 2
CLAIMS REPORT
MEETING 14-28
DATE 10-08-14
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check
Date
Payment
Amount
Chainsaw Part (SA)09/24/2014
67668 10895 - INFANTE, LISA Mileage Reimbursement 09/24/2014 $546.56
67671 10626 - KOFF & ASSOCIATES INC Classification Study 09/24/2014 $500.00
67693 11038 - TYCO INTEGRATED SECURITY LLC 4th Qtr Alarm Service (FFO)09/24/2014 $492.44
67651 10122 - BECK'S SHOES Employee Replacement Boots 09/24/2014 $422.42
67669 10394 - INTERSTATE TRAFFIC CONTROL PRO Road Work Signs (GP)09/24/2014 $380.63
67682 *10589 - RECOLOGY SOUTH BAY Recycling Service (GP)09/24/2014 $333.00
67685 11005 - SAN MATEO COUNTY PLANNING & BUILDING DEPT Permit Fee - Tunitas Creek Well (TC)09/24/2014 $312.83
67652 10141 - BIG CREEK LUMBER CO INC Sign Posts to Support Entrance Sign (ECM)09/24/2014 $304.82
Hardware for Entrance Sign (ECM)09/24/2014
67683 11426 - RIDGE WIRELESS INC.Wireless Internet Installation Cost (FFO)09/24/2014 $250.00
67687 10157 - STAPLES CREDIT PLAN Office Supplies (AO)09/24/2014 $243.52
67679 *10180 - PG & E Electric Service (SAO)09/24/2014 $207.02
67644 10170 - CASCADE FIRE EQUIPMENT COMPANY Pumper Nozzles 09/19/2014 $167.79
67666 10222 - HERTZ EQUIPMENT RENTAL INC Road Repair Supplies (FO)09/24/2014 $143.01
67650 11322 - AMERMEX UPGRADES Replaced Light and Ballast (AO)09/24/2014 $130.00
67667 10421 - ID PLUS INC Employee Name Tags 09/24/2014 $96.25
67664 11406 - GIBBONS, JENNY Mileage Reimbursement 09/24/2014 $94.58
67670 11102 - KOENIG, PEGGY Reimbursement for SF Conference 09/24/2014 $90.47
67655 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service for Rental Residences 09/24/2014 $86.82
67688 10302 - STEVENS CREEK QUARRY INC Base Rock for Road Work Repairs (FO)09/24/2014 $82.90
67649 *10294 - AMERIGAS-SAN JOSE Propane Tank Rental for Rental Residences 09/24/2014 $70.69
67660 *10153 - FEDEX OFFICE Shipping Charges (AO)09/24/2014 $65.06
67690 10338 - THE ED JONES CO INC Refurbish Ranger Badge 09/24/2014 $64.74
67681 10176 - RE BORRMANN'S STEEL CO Drainage Supplies (SAU)09/24/2014 $63.62
67665 10281 - GREENINFO NETWORK Preserve Finder: Programming 09/24/2014 $22.50
67662 10169 - FOSTER BROTHERS SECURITY SYSTEMS Key Caps, Rings (SFO)09/24/2014 $14.44
67674 11366 - MADE BY TESS EMBROIDERY Jacket Logo Embroidery Sample 09/24/2014 $10.88
67657 11180 - COPY FACTORY Proclamation - Bay Area Ridge Trail 09/24/2014 $5.00
Grand Total $124,593.04
*Annual Claims
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 GP = General Preserves
Page 1 of 3
CLAIMS REPORT
MEETING 14-28
DATE 10-08-14
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check
Date
Payment
Amount
67745 11415 - SILVERADO CONTRACTORS, INC Remediation & Demolition of Saratoga Gap Cabins 10/01/2014 $130,150.00
67758 *10215 - CALPERS-FISCAL SERVICES DIVISION Customer ID 2857159579 Health Insurance Premiums 10/01/2014 $120,193.17
67751 10487 - TKO GENERAL ENGINEERING & CONSTRUCTION Construction Progress Invoice 5 - Bald Mtn Staging Area 10/01/2014 $50,616.00
67756 11382 - WINNER CHEVROLET District Vehicle Purchase - 2015 Jeep Wrangler A96 10/01/2014 $32,064.90
67753 10532 - US GEOLOGICAL SURVEY Technical Assistance SFGS Population Monitoring Mindego Sept 2014 10/01/2014 $23,699.95
67703 *11230 - SANTA CLARA COUNTY-C/O UNITED ADMINISTRATIVE SERVICE Dental Plan - Employee Benefit 09/30/2014 $11,360.16
67733 10578 - OLD REPUBLIC TITLE CO Irrevocable Option Payment-Lysons Property to Monte Bello OSP 10/01/2014 $10,000.00
67727 11098 - M-T METAL FABRICATION INC Sign Boards for Bald Mtn Parking (SAU)10/01/2014 $8,971.88
67764 11352 - HAMMER FENCES Supplies for Pond DR05 Cattle Exclusion Fencing 10/01/2014 $8,480.00
67704 *11152 - WELLINGTON PARK INVESTORS AO2 Rent - October 09/30/2014 $8,339.00
67741 *10124 - ROBERT J. DALOIA Semi-Annual Principal + Interest Payment (SA)10/01/2014 $6,192.77
67747 11036 - SOCIALMENTUM LLC Vision Plan Online Community Engagement Tool - data collection/viewing Jan-Sept 10/01/2014 $5,985.00
67761 *10419 - THE LINCOLN NATIONAL LIFE INSURANCE COMPANY MPOSD-BL-490450 AD&D 10/01/2014 $4,547.53
MPOSD-BL-490450 LIFE 10/01/2014
MPOSD-BL-490450 LTD 10/01/2014
67760 *10211 - PUBLIC POLICY ADVOCATES Legislative Advocacy Services 10/01/2014 $2,333.34
67729 10774 - MICHAEL DEMPSEY, PATRICK DEMPSEY 4.65 Tons of Rock for Ancient Oaks Trail (RR)10/01/2014 $2,088.10
Septic System Outflow Repairs at Rental Residence 10/01/2014
67706 11033 - THE CREATIVE GROUP Reissue of voided check for temp assistance - vendor did not receive 09/30/2014 $2,084.13
67698 *10032 - DEL REY BUILDING MAINTENANCE Janitorial Services - September 2014 (AO)09/30/2014 $1,815.00
67762 *11003 - UNITED ADMINISTRATIVE SERVICES GLUG-45Y5 Basic Life 10/01/2014 $1,751.80
GLUG-45Y5 Supplemental Life 10/01/2014
67749 *10583 - TELEPACIFIC COMMUNICATIONS District Telephone Service + SAO Internet 10/01/2014 $1,576.32
67759 *10212 - PINNACLE TOWERS INC Crown Comm Site ID 871823 10/01/2014 $1,524.00
67711 10141 - BIG CREEK LUMBER CO INC Lumber Supplies (GP)10/01/2014 $1,500.09
67736 *10180 - PG & E Electric (RSACP)10/01/2014 $1,401.96
Electric (RSA/Mora A&B)10/01/2014
Electric - (RR)10/01/2014
Electric (RSA/Annex)10/01/2014
Electric - Daniel Nature Center (SR)10/01/2014
Electric (FO)10/01/2014
Electric Gate (PC)10/01/2014
Electric (FFO)10/01/2014
67730 10073 - NORMAL DATA Incidents Database - Update Work 10/01/2014 $1,051.25
Database Consulting - Vision Plan/MAA Implementation 10/01/2014
67731 11063 - O'BRIEN, PAT Executive and Legislative Consulting August 2014 10/01/2014 $1,050.00
67763 *10213 - VISION SERVICE PLAN-CA Vision Plan - Employee Benefit 10/01/2014 $1,021.11
67709 *10120 - ADT SECURITY SERVICES INC Alarm Services 10/1/14 - 12/31/14 (SFO)10/01/2014 $841.68
67723 10394 - INTERSTATE TRAFFIC CONTROL PRO Signs for Various Preserves (SFO)10/01/2014 $802.24
67708 10004 - ACCOUNTEMPS Accounting Temp 10/01/2014 $757.40
67752 10403 - UNITED SITE SERVICES INC Sanitation Services (FO & SA)10/01/2014 $745.52
67737 *11335 - PITNEY BOWES GLOBAL FINANCIAL SERVICES LLC Postage Meter Lease (AO)10/01/2014 $465.69
67697 *10029 - CURT RIFFLE September Director Meetings 09/30/2014 $400.00
67699 *10050 - JED CYR September Director Meetings 09/30/2014 $400.00
Page 2 of 3
CLAIMS REPORT
MEETING 14-28
DATE 10-08-14
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check
Date
Payment
Amount
67701 *10072 - NONETTE HANKO September Director Meetings 09/30/2014 $400.00
67702 *10084 - PETE SIEMENS September Director Meetings 09/30/2014 $400.00
67705 *10118 - YORIKO KISHIMOTO September Director Meetings 09/30/2014 $400.00
67744 10349 - SHELTON ROOFING COMPANY INC Roof Repairs - Rental Residence 10/01/2014 $390.00
67726 10259 - LENINGTON, KIRK Mileage Reimbursement (4/8/14 - 8/22/14)10/01/2014 $338.80
67743 11416 - SANTA CRUZ COUNTY CLERK Santa Cruz County Election Costs for 6/3/14 Election 10/01/2014 $335.31
67754 11037 - US HEALTHWORKS MEDICAL GROUP PC Pre-employment Physical 10/01/2014 $301.00
67696 *10018 - CECILY HARRIS September Director meetings 09/30/2014 $300.00
67700 *10057 - LARRY HASSETT September Director meetings 09/30/2014 $300.00
67732 10160 - OFFICE DEPOT CREDIT PLAN Binders, Chair, Legal Notepads, Highlighter, Post-it, Staples 10/01/2014 $291.90
67710 10533 - ANDERSEN, JULIE Mileage Reimbursement 10/01/2014 $278.88
67714 10352 - CMK AUTOMOTIVE INC Vehicle Maintenance & Repairs - P88 10/01/2014 $262.18
67742 11429 - SAN MATEO COUNTY DEPT. OF PARKS Signage for (RSA/CP)10/01/2014 $245.50
67717 10662 - DAVID J POWERS & ASSOCIATES INC Ridge Vineyards Environmental Review 10/01/2014 $238.75
67719 *10173 - GREEN WASTE-11089 Garbage (SR)10/01/2014 $217.59
67748 10585 - SOL'S MOBILE SERVICE Vehicle Maintenance & Repairs - M24 10/01/2014 $194.14
67713 *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service (AO)10/01/2014 $187.73
67721 10455 - HUGG, IANTHINA Mileage Reimbursement, Cell Phone (Apr 2014 - Aug 2014)10/01/2014 $185.68
67728 10369 - MANNING, MEREDITH Mileage Reimbursement, Cell Phone (Jul 2014 - Sep 2014)10/01/2014 $178.16
67715 10385 - COASTAL SIERRA INC Internet Services (SFO)10/01/2014 $109.00
67716 10540 - CRAFTSMEN PRINTING Printing of Employee Business Cards 10/01/2014 $97.88
67722 10421 - ID PLUS INC Employee Name Tags 10/01/2014 $97.00
67718 10688 - FORENSIC ANALYTICAL LABORATORIES Asbestos Air Sample testing 10/01/2014 $96.00
67724 10051 - JIM DAVIS AUTOMOTIVE Smog Certification - M72/M66 10/01/2014 $90.00
67755 *10309 - VERIZON WIRELESS Cell phone 08/13 - 0912 10/01/2014 $85.01
67720 10043 - HOWARD ROME MARTIN & RIDLEY LLP Legal Consulting for MROSD vs. Arcadis 10/01/2014 $80.90
67734 10481 - PACIFIC TELEMANAGEMENT SERVICE Black Mtn. Phone (MB)10/01/2014 $78.00
67750 10162 - TERMINIX PROCESSING CENTER Pest Control Service (AO)10/01/2014 $74.00
67757 11360 - YUNKER, CHRISTINA Mileage Reimbursement (8/23/14 - 8/29/14)10/01/2014 $50.40
67740 11426 - RIDGE WIRELESS INC.Internet (FFO)10/01/2014 $50.00
67735 10422 - PEREZ, MIKE Reimburse for Employees Meal Expense - Picchetti Ranch Lion Incident 10/01/2014 $46.54
67738 10176 - RE BORRMANN'S STEEL CO Sign Posts for Bald Mtn Staging (SAU)10/01/2014 $44.01
1192 **10172 - CALIFORNIA WATER SERVICE CO-3525 Water Services - Hawthorn 09/25/2014 $40.88
67712 *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Meter (WH)10/01/2014 $40.52
67707 *10811 - A T & T Telephone - Daniel Nature Center 10/01/2014 $31.94
Grand Total $450,767.69
*Annual Claims
**Hawthorn Expense
BC = Bear Creek LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
Page 3 of 3
CLAIMS REPORT
MEETING 14-28
DATE 10-08-14
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Notes Vendor No. and Name Invoice Description Check
Date
Payment
Amount
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 GP = General Preserves
Measure AA Public Comment Form #12.txt
From: Ana Ruiz
Sent: Friday, September 12, 2014 2:31 PM
To: Ana Ruiz
Subject: FW: Measure AA Public Comment Form [#12]
Sent: Wednesday, September 10, 2014 8:29 PM
To: web; Ana Ruiz
Subject: Measure AA Public Comment Form [#12]
Name *
Louise Wholey
Email *
City *
Saratoga
Comment *
The voters voted on Measure AA based on their personal values. The same should be
used to evaluate
projects. The items listed on your website ARE your CRITERIA:
. Expand public access to protected land
. Save local redwood forests
. Provide clean air and water by restoring land that feeds our lakes, streams, ponds
and waterways
. Preserve agriculture along the San Mateo Coast
. Restore native vegetation to create a healthy habitat for wildlife and preserve
biodiversity.
In terms of the Ballot Language as approved by the voters:
.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
People did not vote on the 25 projects, now called portfolios. Most had no idea they
existed. The voted
based on values, their personal values. They want access and they want nature to be
preserved.
-------------
Here is a separate issue. To say that all parts of every portfolio meet the wishes
of the public is to use
the election in a misleading way. People voted by values, not by project
(portfolio). Not all of the 96
projects in the 25 portfolios would be approved by the voters. I voted yes on
Measure AA but I do not
want all projects in every portfolio to be implemented!
You need to figure out which projects are really important and which are quite low
in priority in the
minds of the voters. People want bike trails! People want bike trails!! People want
bike trails!!! People
want to walk their dogs on Mid-pen trails. People want to take their families out in
the woods. People
want nature to be preserved. People want what was offered in the election: access
and preservation.
That sounds like a contradiction. Sorting out how to manage that contradiction needs
to be part of
Page 1
Measure AA Public Comment Form #12.txt
establishing your CRITERIA.
Not all projects in your portfolios contribute to access and preservation. Not all
of the projects would
please most voters.
I attended your meeting Sept 10 and came away thinking these issue were not
addressed.
Measure AA
Implementati
on Process
Public
Notification
List
* Please add my name to the email list to receive public notifications about
the Measure
AA implementation process.
Page 2
DRAFT RESPONSE FOR BOARD CONSIDERATION
October 8, 2014
Louise Wholey
louisewholey@yahoo.com
RE: Electronic Comment Dated September 10, 2014 on Measure AA Prioritization Criteria
Dear Ms. Wholey,
Thank you for attending our Board Study Session of September 10, 2014 and for submitting your
comments regarding the Prioritization Criteria that will be used to help develop the
implementation schedule for Measure AA projects.
In your email, you list the various public benefits/values that Measure AA will provide and
question whether the criteria should be based on these benefits. Also, you state that the projects
should reflect the ballot language and personal values that compelled voters to approve Measure
AA. Please let us take a moment to explain how the Measure projects indeed reflect both the
public values and benefits that are attributed to Measure AA and how these are also fully
consistent with the ballot language and the Ordinance and Expenditure Plan that were both
included as part of the June 3 Voter Pamphlet and also made available for public review on our
District website. We believe that this connection was not made particularly clear at the
September 10 Study Session, possibly adding to this confusion.
To begin, an Ordinance with an accompanying Expenditure Plan was approved by the Board of
Directors on February 26, 2014 as part of approving the placement of Measure AA on the June 3,
2014 election. As mentioned earlier, the Ordinance and Expenditure Plan were made part of the
Vote Pamphlet information for Measure AA and posted on the District website for public review
at http://www.openspace.org/news/downloads/2014.02.26.OrdinanceCallingElection.pdf. The
Expenditure Plan in particular outlines the 25 priority actions (now called Portfolios) identified
by the public as part of the District’s Vision Plan process as those actions that would be funded
with the bond proceeds. The 25 Portfolios listed in the Expenditure Plan are organized by area
and include a brief description of the various related project elements and total cost. Each of the
individual projects that we are now looking to prioritize to develop a 5-year work plan serves to
implement these various project elements, and thus the 25 Portfolios. As such, each individual
project also serves to implement the clearly stated intent of the ballot language, which reads
“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”
As you will find in October, once the detailed project list is made available for public review as
part of the upcoming Study Session packet, all projects are consistent with the abovementioned
ballot language and include:
• New public access facilities (like the Ravenswood Bay Trail to complete a critical Bay
Trail gap) to “improve access to hiking and biking opportunities”;
DRAFT RESPONSE FOR BOARD CONSIDERATION
• New property purchases (including the purchase of forested lands and Coastal
agricultural lands) to preserve “redwood forests, natural open spaces, the scenic beauty
of our region and coastline”;
• Resource improvements (e.g. pond repairs, fisheries enhancements) to “protect critical
wildlife habitat”, “restore creeks”; and,
• Other site improvements to “reduce forest fire risk”.
Given that all projects meet the intent of Measure AA, it is impossible to prioritize the projects
based on the ballot language, as they are all priorities in this respect. Therefore, a set of
prioritization criteria is necessary to help identify those projects that are most urgent (e.g. time
sensitive) or provide the greatest overall beneficial impact. All projects will be implemented.
The criteria will simply provide guidance on those projects that rise to the top and should be
given greater consideration for early implementation. As you may appreciate, the Board of
Directors’s decision on which projects to initiate first will be a difficult one and should be based
on many factors, including urgency, total benefit, and public value. Using the criteria to help
screen projects will help inform this decision-making process. Other information, including
public input, is also critical. As such, we hope that you will be able to join us at the October
Study Session when we review the results of the screening process and receive public input
regarding the individual projects.
I would like to thank you again for taking the time to attend the September 10 meeting, for
submitting your comments, and for providing us the opportunity to respond and clarify the
purpose of the prioritization criteria and the connection between Measure AA Projects,
Portfolios, and ballot language. Please feel free to contact Ana Ruiz, Assistant General Manager,
with any other questions or comments via email at aruiz@openspace.org or via phone at (650)
691-1200.
Sincerely,
Cecily Harris, Board President
cc: MROSD Board of Directors
Steve Abbors, General Manager
Ana Ruiz, Assistant General Manager
R-14-122
Meeting 14-27
October 8, 2014
AGENDA ITEM 4
AGENDA ITEM
Contract Amendment to Provide Additional Environmental Review Consulting Services for the
Proposed Ridge Vineyards Exchange Project
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to amend a contract with David J. Powers Associates, adding
$24,750 to the existing contract, for a total not-to-exceed amount of $128,035, to provide
additional environmental review consulting services for the proposed Ridge Vineyards Exchange
project.
SUMMARY
The Midpeninsula Regional Open Space District (District) is in the process of completing the
revised environmental documents for the proposed Ridge Vineyards Exchange Project to address
neighbors’ concerns about groundwater and other issues that were brought to the District’s
attention at the end of the initial CEQA review in December 2013 and during subsequent
community meetings. On January 8, 2014, the Board of Directors approved an amendment to the
contract with David J. Powers Associates for total contract amount of $103,285, which included
$55,445 the hydrology study. To address the additional comments and concerns raised at four
community meetings with the Monte Bello Road neighbors, additional consulting and hydrology
testing and analysis services were required, leaving insufficient funds to complete the CEQA
review process. Therefore, the General Manager is requesting Board authority to amend the
District’s current contract in the amount of $24,750 with David J. Powers Associates (DJPA).
The additional cost to amend DJPA’s contract would bring the not-to-exceed contract amount to
$128,035. Ridge Vineyards has contributed $25,000 towards the hydrology study.
DISCUSSION
A draft Mitigated Negative Declaration (MND) for the proposed Ridge Vineyards (Ridge)
exchange project was circulated for public comment from November 13, 2013 to December 4,
2013. Near the end of the circulation period, a number of Monte Bello Ridge residents raised
new concerns regarding groundwater use and other issues. As a result, the General Manager
determined the need to revise and expand the environmental review of the project to address the
issues raised.
R-14-122 Page 2
To better understand the concerns of the Monte Bello Road community, the District and Ridge
held four public meetings as summarized below:
• December 3, 2013 - District met with neighbors at the Administrative Office
• April 14, 2014 - District held a community meeting at Picchetti Winery, which focused
on the hydrology study
• May 19, 2014 - Ridge held a community meeting at their property to discuss their
vehicle use of Monte Bello Road and water uses for vineyards
• On June 14, 2014 - District led a site tour of the proposed Ridge Vineyards Exchange
Project that included Waterwheel Creek Trail and the Ridge Vineyard facility
At these four community meetings, additional comments and concerns were raised by some
community members involving hydrology, traffic, vineyard implementation, and habitat
fragmentation. Between February and May 2014, the hydrologist conducted well testing of 34
well sites (19 wells located in the water recharge study area and 15 wells in the adjoining area) to
provide a baseline for groundwater conditions and assess the potential groundwater impacts of
proposed new vineyard development. Several community members requested additional well
tests after the scheduled well test dates were completed requiring the need to schedule additional
well tests. The extensive well testing has provided a solid understanding of the hydrology,
geology, and differences in aquifers based on rock formations along Monte Bello Ridge. The
additional well testing further supported the well testing results in the water recharge study area.
The hydrology study will be attached to the CEQA document, which will be circulated for public
review in early October.
Due to the extensive well testing and analysis, and the associated research and revisions to the
CEQA document completed by the Consultant, insufficient funds remain to complete the CEQA
review process, including funds for assistance in preparing responses to public comment
following recirculation of the environmental review document and attendance at the upcoming
public hearing to answer technical questions.
FISCAL IMPACT
The Fiscal Year 2014-15 Real Property Department Land Conservation budget contains
sufficient funds for the proposed contract amendment.
BOARD COMMITTEE REVIEW
This contract amendment could not be reviewed by a Board Committee because of severe time
constraints, however the entire Ridge Vineyard Exchange Project has been fully vetted through
both the Real Property Committee and the full Board.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. Notice was also sent to the interested parties
list for the Ridge Vineyards Exchange project, which includes the Monte Bello Road neighbors.
R-14-122 Page 3
CEQA COMPLIANCE
Retention of professional consultants to provide CEQA services does not constitute a project
under California Environmental Quality Act (CEQA), as it will not result in a direct physical
change in the environment [CEQA Guidelines Section 15060(c)(2)].
NEXT STEPS
Following approval by the Board, the General Manager would authorize the contract amendment
with DJPA to complete the environmental review process for the proposed Ridge Vineyards
Exchange Project. The District anticipates re-circulating the environmental document for Board
and public review in October 2014. The exchange proposal is anticipated to be presented to the
Board in November or December of 2014.
Responsible Department Head:
Ana Ruiz, Assistant General Manager
Prepared by:
Michael Williams, Real Property Manager
R-14-124
Meeting 14-28
October 8, 2014
AGENDA ITEM 5
AGENDA ITEM
Award of Contract for the Skyline Field Office HVAC Replacement Project
GENERAL MANAGER’S RECOMMENDATIONS
1. Authorize the General Manager to enter into a contract with B Bros Construction Inc., of
San Leandro, CA, for an amount not-to-exceed $264,585, which includes the contract price
of $240,532 to replace the Heating, Ventilation, and Air-Conditioning system at the Skyline
Field Office, and a 10% contingency amount of $24,053 to cover any unanticipated
additional repairs.
2. Authorize the General Manager to amend the professional services contract with
Tannerhecht, Inc. to increase the total contract amount by $19,540 to a not to exceed amount
of $44,420, for construction administration and oversight, which includes a 10% allowance
amount of $1,954 to cover any unanticipated problems during construction.
3. Determine that the proposed project is categorically exempt from the California
Environmental Quality Act, as set out in the staff report.
SUMMARY
A Request for Bids for construction services to replace the existing Heating, Ventilation, and
Air-Conditioning (HVAC) system at Skyline Field Office (SFO) was issued on August 8, 2014.
Two bid proposals were received and opened on Monday, September 8, 2014. The General
Manager recommends awarding a contract for construction services for the SFO HVAC
Replacement Project (Project) to B Bros Construction for a total amount not-to-exceed $264,845.
This amount includes a 10% contingency to cover any unanticipated repairs. The General
Manager also recommends amending the contract with Tannerhecht, Inc. to a total amount not-
to-exceed $44,420 for construction administration and oversight. The FY2014-15 Budget
includes sufficient funds for both of these contracts, which total $310,000.
DISCUSSION
Background
The Skyline Field Office (SFO) was constructed in 1998 and currently serves 26 full-time
Operations staff, 5 seasonal employees as well as visiting District staff from the administrative
office. The HVAC system has not been reliable, requires high levels of maintenance and repair,
and has regularly failed to provide heat in the winter. The Skyline Area Superintendent began
evaluating the HVAC system for replacement in 2004. Staff contracted with Tannerhecht, Inc.
R-14-124 Page 2
in 2008 to facilitate the Administrative Office Remodel and to replace the HVAC system at SFO.
The HVAC work at SFO was partially completed before the work grew to encompass a full
analysis of all facilities needs at SFO. The District then pursued a new shop building at SFO
until Santa Clara County required the access road be widened and water storage at the site be
expanded, driving the cost of the project up by $1.5 million. The District elected to drop pursuit
of the shop building in 2010.
Staff contracted with Tannerhecht, Inc. in 2014 to complete the HVAC replacement work. This
included finalizing the design, completing the permitting process with Santa Clara County, and
assisting with the bidding process.
This HVAC system was selected to meet the requirements of the facility, conform to upcoming
state-wide standards for HVAC systems, and meet certain LEED standards for new construction,
though the project is not intended to be LEED certified. The propane heating system is more
efficient during the winter and is less prone to failure. The new system brings increased
efficiency and features the circulation of un-conditioned air for times when outside weather
permits. An attic vent is included to reduce cooling costs during the summer.
Bid Proposals
The Request for Bids for the Project was sent to seven contractors and six builders’ exchanges.
Legal notices were posted in the San Jose Mercury News. The Invitation to Bid was also posted
on the District website. A mandatory pre-bid meeting was held at the Project site on August
21st, 2014, and was attended by 8 contractors. Sealed bids were due on September 8th, 2014,
and two bids were received and opened. The results of the two base bids are as follows:
Bidder Location Total Base Bid Percent Difference from Engineer’s
Estimate of $210,000
Babel Construction, Inc. San Jose $208,000 -1%
B Bros Construction, Inc. San Leandro $222,932 +6%
The Public Contract Code provides that public construction contracts are awarded to the lowest
responsive and responsible bidder based on the total base bid amount. A “responsible bidder” is
defined as “a bidder who has demonstrated the attributes of trustworthiness, as well as quality,
fitness, capacity and experience to satisfactorily perform the Contract” (Pub. Contr. Code §
1103) and a “responsive” bid is one that, on its face, conforms to the material terms of the bid
package. Upon review of the Bid Proposals, and confirmation of the contractors' qualifications,
B Bros. Construction was determined to be the lowest responsible bidder who submitted a
responsive bid. The bid from Babel was determined to be non-responsive due to the failure to
list a qualified subcontractor to handle the asbestos, and a variety of other deficiencies in the bid.
The recommended contract award to B Bros would be for $264,585, which includes the
contingency and the solar tube add alternate to provide natural lighting.
Contingency and Alternates
In January 2014, District staff formed a “Green Team” with representatives from different
departments to evaluate and research “green” products and practices. One of the improvements
suggested to the Green Team by SFO staff was to reduce the use of electric lights through the
installation of solar tubes, similar to skylights, at key locations. The HVAC project involves
significant roofing work. Staff included two sets of solar tubes as additive alternates, grouping
the most effective tubes in alternate ‘A’. Based on the pricing received, staff is recommending
R-14-124 Page 3
only proceeding with the priority set of solar tubes alternate ‘A’ for a total of $19,360, which
includes a 10% contingency. Permitting and constructing the solar tubes at a later time would
add costs to construction and require additional staff resources.
Given that the project involves exposing currently enclosed materials and subsurface excavation,
a 10% contingency on the base bid of $222,832 is recommended for circumstances that cannot
be anticipated. The contingency is not included in the award of contract, and is held and
controlled by the District.
FISCAL IMPACT
The total cost of this project is $310,000, which includes design, permitting, and construction.
The FY2014-15 Budget included $186,000 for the project. However, subsequent engineering
estimates for construction came in at $210,000 and architectural and design work will cost
$44,420. In addition, the actual construction bid came in at $222,832 ($12,832 over estimate),
the 10% contingency adds $22,283, and the alternate for solar tubes adds $19,360 (which
includes a 10% contingency). The cost difference between what was budgeted and what is
required ($124,000) will be funded from $150,000 in cost savings from multiple Sierra Azul
demolition projects. This project will not change the overall budget for Operations. The total cost
of this project is $310,000,
As has been previously reviewed with the Board, construction costs have been rapidly escalating
and this trend is also affecting this project.
BOARD COMMITTEE REVIEW
This item and other SFO health and safety improvements were reviewed by the Planning and
Natural Resources Committee on February 18th, 2014.
PUBLIC NOTICE
Public notice of this Agenda Item was provided per the Brown Act. No additional notice is
required.
CEQA COMPLIANCE
Replacement of the HVAC system is categorically exempt under Section 15301 (Minor
alterations to existing structures) of the California Environmental Quality Act.
NEXT STEPS
If approved by the Board of Directors, the General Manager will enter into a contract with B
Bros Construction Inc. to perform construction services for the Project and Tannerhecht to
provide construction administration and oversight services for the Project. Activation of the
construction contract is subject to the contractor meeting all District requirements, including
required insurance and bonding. The Project is scheduled to be completed in January 2015.
Responsible Department Head:
Michael Newburn, Operations Manager
R-14-124 Page 4
Prepared by:
Aaron Hébert, Contingent Project Manager
Attachment:
1. SFO HVAC Plan Sets
R-14-116
Meeting 14-28
October 8, 2014
AGENDA ITEM 6
AGENDA ITEM
Proposed Purchase of and related Preliminary Use and Management Plan and Categorical
Exemption for the Sargent Lysons Family Trust Property as an addition to Monte Bello Open
Space Preserve, located at 17251 Stevens Canyon Road in unincorporated Santa Clara County
(Assessor’s Parcel Number 351-16-020)
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report.
2. Adopt a Resolution authorizing the purchase of the Sargent Lysons Family Trust property.
3. Adopt the Preliminary Use and Management Plan as contained in the staff report.
4. Withhold dedication of the Property as public open space.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 60-acre
Sargent Lysons Family Trust (Lysons) property at a price of $1,480,000 as an addition to Monte
Bello Open Space Preserve. The following report presents a description of the Lysons property,
a Preliminary Use and Management Plan, the District’s environmental review, the purchase
terms and conditions, and financial considerations, including a discussion of the potential
funding contribution from Santa Clara County.
DISCUSSION
The 60-acre Lysons property is adjacent to the 3,436-acre Monte Bello Open Space Preserve to
the west and east, and the 1,608-acre Saratoga Gap Open Space Preserve to the south. This
property represents the last in-holding needed to connect Lower Stevens Creek County Park to
Upper Stevens Creek County Park through Monte Bello Open Space Preserve. In addition, the
proposed purchase will provide a connection from Picchetti Ranch Open Space Preserve to
Monte Bello Open Space Preserve to Skyline Boulevard. The reasons for purchase include: (1)
facilitate completion of the Upper Stevens Creek Trail (Measure AA Project #17); (2) create a
partnership purchase opportunity with Santa Clara County Parks, (3) eliminate an in-holding to
Monte Bello Open Space Preserve, and (4) protect the Stevens Creek watershed.
R-14-116 Page 2
Property Description and Regional Context (see attached map)
The 60-acre Lysons property is located on the north side of Stevens Canyon Road. The
rectangular-shaped parcel is bounded by Monte Bello Open Space Preserve to the west and east,
private properties to the north and Saratoga Gap Open Space Preserve to the south. Upper
Stevens Creek County Park (Santa Clara County) is located approximately1/2 mile to the
southwest and Lower Stevens Creek County Park is located approximately 1/4 mile to the
southeast. The property is therefore a natural and desirable addition for the District and
completes the continuous greenbelt in Stevens Canyon.
Elevations range from 1000 feet along Stevens Creek to over 1,800 feet at the highest point
along the south facing hillside. The property is heavily wooded with oaks, madrones, and bay
laurel at low elevations and contains more chaparral type vegetation at high elevations.
Common fauna include deer, mountain lions, bush rabbits, coyotes, bobcats, a variety of small
birds and small animals. The San Andreas rift zone is located in Stevens Canyon with clay soils
on the south side and sandstone on the north side. A seasonal tributary containing Douglas fir
crosses the property and flows into Stevens Creek. Purchase of the Lysons property will protect
important watershed land and local wildlife habitat.
The property is within the planning corridor for the proposed extension of the Upper Stevens
Creek Trail, a joint effort by the County of Santa Clara and the District to connect Lower Stevens
Creek County Park to Upper Stevens Creek County Park and Picchetti Ranch Open Space
Preserve with Monte Bello Open Space Preserve. This proposed trail linkage is identified in the
Santa Clara Countywide Trails Master Plan and the District’s Vision Plan.
Purchase will also preserve the natural and scenic character of the Stevens Canyon corridor and
the District’s surrounding Preserves. Over the last twelve years, the District has purchased
approximately 810 acres of open space lands linking Monte Bello and Saratoga Gap Open Space
Preserves to both Upper and Lower Stevens Creek Park. Santa Clara County Parks has partnered
with the District to jointly purchase and preserve four properties along the north side of Stevens
Canyon totaling approximately 290 acres since 2005.
Improvements
The property is access via a gated road that comes off of Stevens Canyon Road. The District
holds an access easement over a portion of this road as it crosses the Lysons property for access
to the former 100-acre Keyani Property, which was a joint purchase with Santa Clara County
Parks (R-04-125). PG&E holds an easement over this road to access the high voltage towers that
cross the former Keyani property. During the Stevens Canyon Fire in 2007, this road was used
by CalFire to cut fire breaks to protect residents along Stevens Canyon Road and Monte Bello
Road. The property is improved with two houses with a combined building area of
approximately 3,800 square feet. The lower house is a two bedroom, one bath wood-framed
structure containing approximately 875 square feet that is in fair condition. The upper house is a
two-story, three bedroom, two bath wood-framed structure containing 2,637 square feet which
includes an unpermitted addition that is in fair to poor condition. These structures are served by
a spring water system that is located within a tributary on the former Powell property (R-10-95
and R-11-34), and each house is on a separate septic system. Electric service is provided by
overhead utility lines and gas service is provided by propane.
R-14-116 Page 3
USE AND MANAGEMENT
Planning Considerations
The subject property is located within unincorporated Santa Clara County and is zoned HS
(Hillside), requiring a 20 to 160 acre minimum lot size based upon a slope density formula. The
property consists of one legal parcel and has a density as one residential site. Access to the
property is from Stevens Canyon Road.
The District’s 1998 Regional Open Space Study shows a potential regional trail connection in the
vicinity of the property and, as noted earlier in this report, the Santa Clara Countywide Trails
Master Plan and District Vision Plan identify this trail corridor for the extension of the Stevens
Creek Trail connecting the Lower Stevens Creek County Park to Upper Stevens Creek County
Park and Picchetti Ranch Open Space Preserve to Monte Bello Open Space Preserve.
The Lysons property is identified as part of a 6,000 acre intact habitat area and it is located in a
Critical Linkage that was identified in the Critical Linkages Project completed by Science and
Collaboration for Connected Wildlands in 2012.
The property is improved with two houses, which are currently occupied as rental units.
Preliminary Use and Management Plan
The principal purpose of the Preliminary Use and Management Plan is to establish a status quo
land management approach to be effective in the interim between the purchase and the
completion of a subsequent long-term plan. The Preliminary Use and Management Plan will
take effect at the close of escrow and remain effective until the plan is amended or a
Comprehensive Use and Management Plan or Master Plan is approved for Monte Bello Open
Space Preserve. The Preliminary Use and Management Plan includes site security, new signage,
resource management activities, demolition and removal of the two houses and miscellaneous
debris piles, and restoration of the property to a natural condition, as described more fully below.
After this work is done, the property will be maintained in a natural condition, with no
development or changes anticipated. If changes to land use or the physical environment are
proposed in the future, the plan would be subject to further environmental review and public
input.
Public Access: Designate the property as closed to the public at this time.
Signs and Site
Security:
Install preserve boundary and closed area signs. Install gates to prevent
unauthorized vehicular entry.
Structures and
Improvements:
Board up and secure all structures until demolition is undertaken. Test for
any asbestos-containing material or lead-based paint prior to demolition and
removal of all improvements and associated infrastructure. Following
demolition, re-vegetate affected areas.
Resource
Management:
Conduct invasive plant and animal management activities consistent with the
District’s standard policies and procedures.
Patrol: Routinely patrol the property utilizing existing roads.
R-14-116 Page 4
Roads and
Trails:
Maintain existing roadways in a serviceable condition to facilitate demolition
and removal of all structures and improvements. Following demolition,
determine which roadways to maintain and which to properly abandon
(PG&E access easement to remain). Implement erosion and sediment
control measures to prevent erosions and water quality degradation.
Site Safety
Inspection:
Clean up improved area after purchase; including various debris piles,
removal and proper disposal of any hazardous materials or hazardous wastes
found during clean up.
Name:
Name the property as an addition to Monte Bello Open Space Preserve.
Dedication: Indicate your intention to withhold dedication of the subject property as
public open space at this time.
FISCAL IMPACT
2014–2015 Budget for New Land Purchases:
New Land $8,500,000.00
Land purchased this year ($0.00)
Sargent Lysons Family Trust Property ($1,480,000.00)
New Land Purchase Budget Remaining $7,020,000.00
District Controller Mike Foster was consulted on this proposed purchase and has indicated that,
considering cash flow and account balances, funds are available for this property purchase.
BOARD COMMITTEE REVIEW
Due to the occupancy of the property by two residential tenants, this item was not presented to
the Real Property Committee.
PUBLIC NOTICE
Santa Clara County Parks, interested parties, and property owners of land located adjacent to or
surrounding the subject property have been mailed a copy of this Agenda.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 60-acre Lysons property as an addition to the
District’s open space preserve system, and the concurrent adoption of a Preliminary Use and
Management Plan for the property. The project includes the eventual demolition of two
residential structures, which will require permits from Santa Clara County. Erosion control and
sediment control measures will be implemented at the building sites and along existing
driveways as needed to prevent water quality degradation. Minor resource management
R-14-116 Page 5
activities may be conducted as needed to control invasive plants. The land will be permanently
preserved as open space and maintained in a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15301, 15316, 15317 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private
structures, facilities, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination, including the demolition of
individual small structures. The project proposes demolishing the two residential structures,
performing erosion control work as necessary along existing roads, and performing minor
restoration activities to return the structure demolition sites to a natural condition.
Section 15316 exempts the acquisition of land in order to create parks if the land is in a natural
condition and the management plan proposes to keep the area in a natural condition. The
Preliminary Use and Management Plan specifies that the land will not be developed and will
remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest in order to maintain the open space
character of the property.
The actions recommended in the Preliminary Use and Management Plan are also exempt under
section 15061(b)(3), as there is no possibility the recommended actions will have a significant
effect on the environment.
TERMS AND CONDITIONS
The purchase price for the 60-acre Lysons property is $1,480,000 or $24,666 per acre. The
property would be purchased on an all cash basis free and clear of tenants at the close of escrow.
The purchase price is based upon a fair market appraisal commissioned by the District and it is
considered fair and reasonable. A condition of the sale is that the property will be delivered free
and clear of all residential tenants prior to the close of escrow.
The Santa Clara County Parks and Recreation Department has agreed to recommend a
contribution of one half (50%) of the purchase price, or $740,000. The County has previously
approved similar funding agreements for the District’s purchase of the former Lobner Trust,
Keyani, Hall, and Powell properties along the north side of Stevens Canyon and within the
planning corridor for the Stevens Creek Trail extension. This contribution is subject to County
Board of Supervisors approval. In exchange for this contribution, the District will grant the
County a conservation easement over the 60-acre property requiring that the property be
maintained in a natural condition for the conservation of natural habitat and wildlife, and for
passive public recreational use. Approval of a funding agreement with the County and the
conservation easement will come to the Board as a future agenda item. Since a funding
agreement has not been approved by the County, the Board should make its purchase
determination based upon payment of the full purchase price.
R-14-116 Page 6
“As-Is” Purchase and Site Clean Up
The property is being purchased on a semi “As-Is” basis whereby several debris piles will remain
after the close of escrow but hazardous material warranties will be present after the close of
escrow. The District has conducted due diligence investigations, including a review of Santa
Clara County Planning, Building and Environmental Services records and files pertaining to the
subject property and is satisfied that no underground storage tanks or hazardous conditions exist
on the property. The District has also commissioned a Phase I Environmental Site Assessment,
which will be completed before the close of escrow.
Preliminary demolition, site cleanup, and restoration costs are estimated at $200,000. Also
included in the deal is a provision that would allow the Seller to salvage items (Jacuzzi tub,
steam shower, wood burning stoves, and appliances) from each residential structure before the
close of escrow if demolition is concurrently approved as outlined in the Preliminary Use and
Management Plan.
NEXT STEPS
Upon approval by the Board of Directors, staff will proceed with the close of escrow for the
purchase of the property, and will take the next steps identified in the Preliminary Use and
Management Plan contained in this report. The proposed funding agreement and conservation
easement with Santa Clara County Parks will come to the Board as a future agenda item.
Approval of a demolition and site cleanup contract will return to the Board as a future agenda
item. The District’s Skyline Field Office will manage the property as an addition to Monte Bello
Open Space Preserve.
Attachments:
1. Resolution
2. Location Map
Responsible Department Head:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Real Property Specialist
Graphics prepared by:
Jon Montgomery, GIS Intern
ATTACHMENT 1
RESOLUTION 14-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE
OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER
OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE
OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (MONTE BELLO OPEN SPACE PRESERVE - LANDS
OF SARGENT LYSONS FAMILY TRUST)
The Board of Directors of Midpeninsula Regional Open Space District does hereby resolve as
follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Purchase and Sale Agreement between
Christopher Neil Lysons and Laurie Kay Sargent, Trustees of the Sargent Lysons Family Trust
and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is
attached hereto and by reference made a part hereof, and authorizes the President of the Board of
Directors, General Manager or other appropriate officer to execute the Agreement and all related
transactional documents on behalf of the District to acquire the real property described therein
(“the Lysons Property”).
SECTION TWO. The General Manager, President of the Board of Directors, or other
appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on
behalf of the District.
SECTION THREE. The General Manager or the General Manager’s designee shall cause to be
given appropriate notice of acceptance to the seller and to extend escrow if necessary.
SECTION FOUR. The General Manager or the General Manager’s designee is authorized to
expend up to $15,000.00 to cover the cost of title insurance, escrow fees, and other
miscellaneous costs related to this transaction and up to $200,000 for the remediation, demolition
and restoration of the property.
SECTION FIVE. The General Manager and General Counsel are further authorized to approve
any technical revisions to the attached Agreement and documents, which do not involve any
material change to any term of the Agreement or documents, which are necessary or appropriate
to the closing or implementation of this transaction.
SECTION SIX. The purpose of this Section is to enable the District to reimburse its general
fund for the cost of certain land acquisitions. The District wishes to finance certain of these real
property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt
financing is not cost-justified for the District unless the principal amount of the financing is large
enough to justify the related financing costs. Consequently, it is the District’s practice to buy
property with its general funds and, when a tax-exempt financing is cost-justified based on the
aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous
expenditures of general funds. These general funds are needed for operating and other working
capital needs of the District and are not intended to be used to finance property acquisitions on a
long-term basis.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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
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StevensCreek
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Midpeninsula RegionalOpen Space District
Lysons Property (APN 351-16-020) - 17251 Stevens Canyon Road, Cupertino
August, 2014
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(MROSD)Highlighted Property
Other Protected Open Spaceor Park Lands
Non MROSD Conservation or Agricultural Easement
MROSD Conservationor Agricultural Easement
MROSD Preserves
Private Property
While the District strives to use the best available digital data, this data does not represent a legal survey and is merely a graphic illustration of geographic features.
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Sunnyvale
Cupertino
Mountain View
Mo n te Be l lo Area ofDetail
£¤280
£¤85
£¤35
Lysons PropertyAPN 351-16-020
Monte BelloOpen Space Preserve
Saratoga GapOpen Space Preserve
Upper StevensCreek CountyPark
Stevens Creek County Park
Monte BelloOpen Space Preserve
Stevens
C
anyonRoad
C
anyonTrail
Attachment 2