HomeMy Public PortalAbout20140212 - Agenda Packet - Board of Directors (BOD) - 14-06
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle, Los Altos, CA 94022
Wednesday, February 12, 2014
SPECIAL MEETING BEGINS AT 5:30 P.M.
REGULAR MEETING BEGINS AT 7:00 P.M.
A G E N D A
5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. (GOVERNMENT
CODE SECTION 54956.9(d)(1))
Name of Case: Midpeninsula Regional Open Space District v. County of Santa Clara, et al.
(Lehigh Quarry CEQA Matter)
Santa Clara County Superior Court Case No. 1-12-CV-236881
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
REPORT OUT OF CLOSED SESSION (IF NECESSARY) (The Board shall publicly state any reportable
action taken in closed session pursuant to Government Code Section 54957.1)
ORAL COMMUNICATIONS – PUBLIC
ADOPTION OF AGENDA
CONSENT CALENDAR
1. Approve Minutes of the Special and Regular Board Meetings
January 14, 2014
January 22, 2014
January 29, 2014
February 5, 2014
2. Approve Revised Claims Report
3. Adoption of Ordinance Amending the “Regulations for Use of Midpeninsula Regional Open Space
District Lands” and Adoption of District Bail Schedule for newly added Regulations (R-14-09) – G.
Baillie
4. Construction Equipment Lease Agreement for Mt. Umunhum Trail (R-14-26) – M. Jurich
Meeting 14-06
5. Approval of an Agreement with Chavan & Associates to Provide Financial Auditing Services for Fiscal
Year 2013-14 through FY2015-16, for a Not-To-Exceed Total Amount of $58,500 (R-14-32) – M. Foster
BOARD BUSINESS
6. Appointment of Kristin Johnson as Peace Officer (R-14-07) – G. Baillie
7. Purchase Approval of the Rogers’ Property as an Addition to Monte Bello Open Space Preserve, located
at 1405 Skyline Boulevard in Palo Alto and unincorporated San Mateo County (Santa Clara County
Assessor’s Parcel Number 351-12-006 and San Mateo Assessor’s Parcel Numbers 080-312-010 and 080-
411-010); Adoption of a Preliminary Use and Management Plan for the Property; and Approval of a
Categorical Exemption in accordance with the California Environmental Quality Act (R-14-28) – A.
Ishibashi
8.
Resolution of Public Interest in and Necessity for Providing Public Access, and Acquiring, Restoring, and
Preserving Open Space Throughout the District, with Financing Through the Issuance of General
Obligation Bonds (R-14-33) – S. Schaffner
9.
First Reading of an Ordinance Calling an Election and Ordering the Submission of a Proposition for
Incurring Bonded Indebtedness of 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 (R-14-34) – S. Schaffner
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 February 7, 2014, at the Administrative Offices of MROSD, 330
Distel Circle, Los Altos California, 94022. The agenda is also available on the District’s web site at http://www.openspace.org.
Signed this 7th day of February, 2014, at Los Altos, California.
January 14, 2014
Board Meeting 14-02
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Hillview Community Center – Social Hall
97 Hillview Ave.
Los Altos, CA 94022
January 14, 2014
DRAFT MINUTES
SPECIAL MEETING – STUDY SESSION
I. CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space
District Board of Directors to order at 6:07 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Cecily Harris, Curt Riffle,
and Pete Siemens
Members Absent: Yoriko Kishimoto
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana
Ruiz, Assistant General Counsel Hilary Stevenson, Natural
Resources Manager Kirk Lenington, Real Property Specialist
Sandy Sommer, GIS Coordinator Casey Hiatt, and District Clerk
Jennifer Woodworth
III. PUBLIC COMMENTS
None
IV. ADOPTION OF THE AGENDA
Director Cyr moved, and Director Siemens moved to adopt the agenda.
VOTE: 6 – 0 (Director Kishimoto absent.)
Meeting 14-02 Page 2
V. BOARD BUSINESS
Agenda Item #1 – Vision Plan Board Workshop to review the results of Public
Deliberations from Phase 4, “Deliberating” (R-14-18)
Natural Resources Manager Kirk Lenington introduced the District staff members that assisted
with the development of the Vision Plan and provided a brief description of the purpose of the
Vision Plan. Mr. Lenington also described the process for the meeting this evening.
Real Property Specialist Sandy Sommer summarized the various methods used by the Vision
Plan team to gather public input, including the online MindMixer forum, public deliberation
meetings, and the Community Advisory Committee.
Mr. Lenington described public input received regarding the Vision Plan goals and the goals that
rated highest within the Vision Plan themes.
Public hearing opened at 6:29 p.m.
Hans Luemers of Woodside expressed his opinion that more areas District land should be opened
for public access.
Edward Reyes asked for the Board’s opinion on opening District lands to for public access in the
future.
Mr. Abbors explained that throughout the District’s history, its primary focus has been
acquisition. In order to determine the District’s direction moving forward, staff initiated the
Vision Plan process to help inform the Board in their decision making process. Mr. Abbors
explained that the public’s input received through the Vision Plan process has shown that the
public is now concerned with increasing public access.
Mr. Reyes asked how members of the public can assist in achieving the goals of the Vision Plan.
Mr. Abbors explained remaining engaged in the process is key to assisting the District to achieve
the Vision Plan goals.
Judy Grote of La Honda expressed her concerns regarding increased fuel load in the area. Ms.
Grote also urged the Board to keep the land as open space and decrease fuel load.
Public hearing closed at 6:45 p.m.
Ms. Sommer described the process used by staff to analyze public input received, which in turn
led to the Vision Plan’s Tier 1 Priority Actions.
GIS Coordinator Casey Hiatt displayed and explained a map which visually summarizes the
highly rated priority actions based on public input received and the priority actions’ ability to
accomplish the Vision Plan’s goals.
Ms. Sommer described the Tier 1 Priority Actions for each of the various subregions.
Meeting 14-02 Page 3
Director Hassett expressed his concerns regarding including the reopening of Alpine Road due to
constraints created by San Mateo County owing the area. Mr. Hassett stated that by including
this in the list of top tier priority actions may lead to the District having to take on the
responsibility for repairing Alpine Road.
Mr. Abbors explained that District staff has discussed the matter with San Mateo County and
explained that there are numerous issues to be resolved before Alpine Road can be reopened,
including which agency has the responsibility for repair work.
Director Harris inquired as to what will be done with the remainder of the priority actions that
are not included in the top tier of priority actions.
Mr. Lenington and Ms. Sommer explained that the Tier 1 Priority Actions assisting in directing
the District’s future projects but is not an exclusive list of future District projects. The District
will continue to act on opportunities as they arise.
Director Siemens commented that the District’s process for creating Use and Management Plans
for the District’s preserves may need to be updated in order to allow for the priority actions to be
implemented in a timely manner.
Public hearing opened at 7:39 p.m.
Charlie Krenz expressed his interest in more multi-use trails and trails for use by mountain
bikers.
Jack Escallier inquired as to how much emphasis will be placed on feasibility when determining
when priority actions will be completed.
Mr. Abbors responded that those projects that may be completed relatively quickly may be
implemented sooner than others, but those determinations will be made throughout the
implementation phase.
Hans Luemers commented that the public is often ignorant as to which public agency owns a
specific piece of land and encouraged the District to work with other agencies.
Mr. Abbors commented that the District and other agencies work together as often as possible.
Bruce Noble a resident of Woodside commented on the priority actions that include the Alpine
Road connection and Driscoll ranch.
Ray Cowan of Mountain View commented that repairing Alpine Road may alleviate traffic on
other nearby roads.
Yvonne Tryce spoke regarding Hawthorns stating that she would like one of the buildings to be
used for a nature center.
Public hearing closed at 7:49 p.m.
Meeting 14-02 Page 4
The Board recessed at 7:50 p.m. and reconvened at 8:00 p.m. with Directors Cyr, Hanko, Harris,
Hassett, Riffle, and Siemens present.
Chris Bui facilitated a discussion of the Tier 1 Priority Actions using keypad voting machines.
Director Siemens commented that many of the priority actions involve capital improvements and
will not be replacing the day-to-day activities of District staff and management of District lands.
Director Harris suggested including Priority Action #18 (Saratoga-to-Sea Trail and Wildlife
Corridor).
The Board was polled and supported the inclusion of Priority Action #18 in the discussion of
Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Director Cyr suggested including Priority Action #25 (Major Roadway Signage).
The Board was polled and supported the inclusion of Priority Action #25 in the discussion of
Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Director Hassett suggested including Priority Actions #8 (Sierra Azul: Fire Management) and
#40 (Skyline Region: Fire Management and Forest Restoration Projects).
The Board was polled and supported the inclusion of Priority Actions #8 and #40 in the
discussion of Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Director Hanko suggested including Priority Action #21 (South Bay Foothills: Family Nature
Play Program).
The Board was polled and did not support the inclusion of Priority Action #21 in the discussion
of Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Director Riffle suggested including Priority Action #39 (Skyline Ridge: Education Facilities –
Trails and Wildlife Conservation Projects).
The Board was polled and supported the inclusion of Priority Action #39 in the discussion of
Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Director Riffle suggested including Priority Action #30 (Rancho San Antonio: Interpretive
Improvements, Refurbishing and Transit Solutions).
The Board was polled and supported the inclusion of Priority Action #30 in the discussion of
Tier 1 Priority Actions at the Board meeting on January 29, 2014.
Mr. Abbors stated that at the meeting on January 29, 2014 the Board will be voting on the final
list of top tier Priority Actions.
Meeting 14-02 Page 5
VI. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 9:24 p.m.
______________________________
Jennifer Woodworth, CMC
District Clerk
January 22, 2014
Board Meeting 14-03
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
January 22, 2014
DRAFT MINUTES
CLOSED SESSION
I. CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 6:04 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
General Counsel Sheryl Schaffner, Real Property Manager Mike
Williams, and Real Property Specialist Allen Ishibashi
III. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT
CODE SECTION 54956.8)
Property: Santa Clara County APN 351-12-006 and San Mateo County APNs 080-
312-010 and 080-411-010, 1405 Skyline Blvd., Palo Alto, California
Agency Negotiator: Allen Ishibashi, Real Property Specialist
Negotiating Party: Sharon Rogers, Property Owner
Under Negotiation: Terms of real property transaction
IV. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:40 p.m.
Meeting 14-03 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 7:00 p.m.
President Harris noted that there were no actions to report out of closed session.
II. ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Curt Riffle, and Pete Siemens
Members Absent: None
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, District Controller Mike Foster, Acting Operations Manager
Brian Malone, Real Property Manager Mike Williams, Real Property
Specialist Allen Ishibashi, Administrative Services Manager Kate
Drayson, Public Affairs Manager Shelly Lewis, Media Supervisor
Amanda Kim, Web Administrator Cydney Bieber, Co-Acting Planning
Manager Meredith Manning, Planner III Gina Coony, Planner II Gretchen
Lausten, Human Resources Supervisor Candice Basnight, Natural
Resources Manager Kirk Lenington, and District Clerk Jennifer
Woodworth
III. ORAL COMMUNICATIONS
No speakers present.
IV. ADOPTION OF AGENDA
President Harris announced that Agenda Item #6 has been continued to the Board meeting
scheduled for February 12, 2014.
Motion: Director Cyr moved, and Director Hassett seconded the motion to adopt the agenda as
amended.
VOTE: 7-0-0
V. SPECIAL ORDER OF THE DAY
Introduction of District Staff: Cydney Bieber, Web Administrator
VI. PRESENTATION
Fundraising Efforts by the Equestrian Trail Riders' Action Committee, Mike Bushue
Meeting 14-03 Page 3
VII. CONSENT CALENDAR
Director Kishimoto asked to pull Agenda Items #3 and #4 from the Consent Calendar.
Agenda Item #1 – Approve Minutes of the January 8, 2014 Board Meeting
Agenda Item #2 – Approve the Revised Claims Report
Agenda Item #5 – Approval of an Agreement to Exchange Real Property Interests with
Santa Clara County (County) Roads & Airports concerning County property located on
State Highway 9 and surrounded by Saratoga Gap Open Space Preserve (Santa Clara
County Assessor’s Parcel Number: 503-37-004) and Midpeninsula Regional Open Space
District (District) property located along Stevens Canyon Road at Saratoga Gap and Monte
Bello Open Space Preserves (Portions of Santa Clara County Assessor’s Parcel Numbers:
351-26-003, 351-16-023 and 351-16-014) (R-14-20)
Agenda Item #7 – Authorization to Amend a Contract with Geoinsite Environmental
Management Inc., for Additional Grading Oversight for the Mount Umunhum Demolition
Project at Sierra Azul Open Space Preserve (R-14-23)
Motion: Director Cyr moved, and Director Kishimoto seconded the motion to approve the
Consent Calendar with the exception of Agenda Items #3, #4, #6.
VOTE: 7-0-0
Agenda Item #3 – Renewal of Investment Authority and Adoption of Annual Statement of
Investment Policy (R-14-02)
Director Kishimoto inquired as to the process used to bring this policy change to the Board of
Directors.
Controller Mike Foster explained that this is a liquidity reserve that allows the District to pay its
bills without having to issue debt and does not require Committee review.
Director Kishimoto suggested that the reserve policy be placed on the agenda for a future Action
Plan and Budget Committee meeting.
Motion: Director Kishimoto moved, and Director Cyr seconded the motion to approve Agenda
Item #3.
VOTE: 7-0-0
Agenda Item #4 – Adopt a Resolution of Intention to Approve an Amendment to Contract
between California Public Employees’ Retirement System and the District in order to
implement the Indexed Level 1959 Survivor Benefits (R-14-22)
Director Riffle inquired if the benefit is for all employees or only represented employees.
Meeting 14-03 Page 4
Human Resources Supervisor Candice Basnight explained that all District employees will
receive this benefit.
Ms. Basnight also explained a scenario where this benefit may apply and the potential fiscal
impact.
Director Kishimoto inquired how this benefit is affected by Social Security benefits.
Ms. Basnight explained that the 1959 Survivor Benefit is exclusive of Social Security Benefits
Motion: Director Siemens moved, and Director Riffle seconded the motion to approve Agenda
Item #4.
VOTE: 7-0-0
At 7:35 p.m., the Board adjourned the Regular Board meeting of the Midpeninsula Regional
Open Space District Board of Directors and convened the Special Meeting of the Midpeninsula
Regional Open Space District Financing Authority, with Directors Hassett, Cyr, Harris, and
Riffle present.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY
SPECIAL MEETING – OPEN SESSION
Agenda Item #1 – Acceptance of the Controller’s Annual Financial Report of the
Midpeninsula Regional Open Space District Financing Authority (R-14-01)
District Controller Mike Foster presented his Annual Financial Report of the Midpeninsula
Regional Open Space District Financing Authority. Brief discussion ensued.
Director Riffle inquired as to how the District’s capacity would be affected if a potential funding
measure is approved by the voters.
Mr. Foster said that the District’s current debt will be unaffected.
Public hearing opened at 7:41 p.m.
No speakers were present.
Public hearing closed at 7:41 p.m.
Motion: Director Cyr moved, and Director Hassett seconded the motion to accept the Annual
Financial Report of the Midpeninsula Regional Open Space District Financing Authority
(Financing Authority)
VOTE: 4-0-0 (Supervisor Joseph Simitian absent)
REGULAR MEETING – OPEN SESSION (RECONVENED)
Meeting 14-03 Page 5
The Board reconvened the Regular Meeting of the Midpeninsula Regional Open Space District
Board of Directors at 7:42 p.m. with Directors all directors present.
VIII. BOARD BUSINESS
Agenda Item #8 – Authorize the General Manager to Enter into an Agreement with
Interschola, Inc., for Disposal of District Property and to Approve the Disposal of District
Assets, Excluding Real Property (R-14-10)
Administrative Services Manager Kate Drayson presented the staff report describing the services
that would be provided by Interschola, Inc.
Director Riffle inquired if the $25,000 limit on selling District assets included in the resolution
would require frequent Board approval of items valued over $25,000.
Ms. Drayson explained the $25,000 limit was chosen based on the General Manager’s current
signature authority, and it is not anticipated that the District would have many items that would
be valued above the $25,000 limit.
Motion: Director Hanko moved, and Director Cyr seconded the motion to:
1. Authorize the General Manager to enter into an agreement with Interschola, Inc.,
to assist District staff with the sale and/or disposal of District property, excluding real
property.
2. Adopt a resolution authorizing the General Manager to approve the disposal of
District assets, excluding real property, where the anticipated fair market value of the
individual asset is $25,000 or less.
Public hearing opened at 7:50 p.m.
No speakers were present.
Public hearing closed at 7:50 p.m.
VOTE: 7-0-0
Agenda Item #9 – Adoption of a Mitigated Negative Declaration and Mitigation Monitoring
Program for the Mindego Ranch Area of Russian Ridge Open Space Preserve and
Approval of an Amendment to the Russian Ridge Use and Management Plan (R-14-21)
Planner II Gretchen Lausten provided the staff report describing the history of the site and
project. Ms. Lausten outlined the proposed grazing infrastructure and benefits of the grazing
recommendations. Ms. Lausten also explained the proposed mitigation and monitoring
measures, public access and maintenance projects, and steps taken for CEQA compliance. Ms.
Lausten reported on the comments received by the District during the 60-day public comment
period and the District’s responses to these comments. Finally, Ms. Lausten described the
actions proposed for Board action.
Director Hassett inquired as to the status of the feral pig program at the site.
Meeting 14-03 Page 6
Natural Resources Manager Kirk Lenington reported that the District enters into an annual
contract for trapping of feral pigs on an as-needed basis.
Director Kishimoto inquired as to the status of interpretive signage at the site related to the San
Francisco garter snake.
Lisa Bankosh reported that interpretive signs have already been approved by the Board and will
be posted on the site.
Public hearing opened at 8:15 p.m.
No speakers were present.
Public hearing closed at 8:15 p.m.
Motion: Director Hassett moved, and Director Hanko seconded the motion to adopt the
Mitigated Negative Declaration and Mitigation Monitoring Program for the Proposed Use and
Management Plan Amendment, in accordance with the California Environmental Quality Act, as
set forth in the Resolution attached to this report
VOTE: 7-0-0
Motion: Director Hassett moved, and Director Cyr seconded the motion to approve the Russian
Ridge Use and Management Plan Amendment for the Mindego Ranch area of the Preserve.
VOTE: 7-0-0
Agenda Item #10 – Appointment of Board of Directors Standing Committee Members for
Calendar Year 2014 (R-14-16)
President Harris reported that she made the following appointments to the Board Standing
Committees for Calendar Year 2014:
Planning and Natural Resources:
• Jed Cyr
• Yoriko Kishimoto
• Curt Riffle
Legislative, Funding and Public Affairs:
• Nonette Hanko
• Jed Cyr
• Larry Hassett
Real Property:
• Nonette Hanko
• Larry Hassett
• Cecily Harris
Meeting 14-03 Page 7
Board Appointee Evaluation:
• Jed Cyr
• Cecily Harris
• Pete Siemens
Public hearing opened at 8:17 p.m.
No speakers present.
Public hearing closed at 8:17 p.m.
Motion: Director Hanko moved, and Director Siemens seconded the motion to approve the
President’s appointments to the Board Standing Committees as well as approve the appointments
of Board representatives to other bodies, and determine the compensation status for attendance at
Board Committee meetings.
VOTE: 7-0-0
Agenda Item #11 - Appointment of District Representatives to the Governing Board of the
Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2014
(R-14-15)
President Harris reported that she has appointed Directors Harris, Hanko, Siemens, and Riffle to
serve on the Governing Board of the Midpeninsula Regional Open Space District Financing
Authority (“Authority”) for Calendar Year 2014.
Public hearing opened at 8:18 p.m.
No speakers were present.
Public hearing closed at 8:18 p.m.
Motion: Director Kishimoto moved, and Director Hanko seconded the motion to approve
appointment of Directors Cecily Harris, Nonette Hanko, Pete Siemens, and Curt Riffle to serve
on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority
for Calendar Year 2014.
VOTE: 7-0-0
IX. COMMITTEE REPORTS
Director Siemens reported that the Real Property Committee met and recommended to the full
Board of Directors to approve purchase of the Rogers Property.
Director Riffle reported that the Capital Finance Ad Hoc Committee met twice last week.
X. STAFF REPORTS
Meeting 14-03 Page 8
Assistant General Manager Ana Ruiz reported that the District has received a check for
reimbursement of costs related to the Mt. Umunhum demolition. Ms. Ruiz also provided an
update on the permitting process for the El Corte de Madera parking lot.
Assistant General Manager Kevin Woodhouse reported that he and other staff members attended
a meeting of the Santa Clara County Cities Association on January 9, 2014. Mr. Woodhouse and
Ms. Ruiz gave a presentation regarding the District, the Vision Plan, and the potential funding
measure.
General Manager Steve Abbors reported that he made presentations to the Pacific Council of
Boy Scouts and the Silicon Valley Leadership Group. Also Mr. Abbors reported that the Special
Board meeting scheduled for January 30, 2014 has been rescheduled to February 5, 2014.
Finally, Mr. Abbors reported that he will be attending a meeting early next month regarding
related to messaging for other potential funding measures in the area.
XI. DIRECTOR REPORTS
The Board submitted their compensatory forms to the District Clerk.
Director Riffle reported that he met with the Los Altos Mayor last week and discussed the Vision
Plan and potential funding measure with her.
Director Hanko reported that she is gathering signatures for a sympathy card for former State
Senator Byron Sher whose wife Linda who recently passed away.
Director Hassett reported that he will be attending an event on January 30, 2014 where the
Hassett Ace Hardware in Half Moon Bay store will be recognized as a Best Business on the
Coast. Director Hassett also encouraged the Board members to attend a meeting of the South
Skyline Association on January 24, 2014.
XII. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 8:36 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
January 29, 2014
Board Meeting 14-04
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Hillview Community Center –Multi Purpose Room
97 Hillview Ave.
Los Altos, CA 94022
January 29, 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 6:02 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Larry Hassett, Cecily Harris, Yoriko Kishimoto, Curt
Riffle, and Pete Siemens
Members Absent: Nonette Hanko
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, and District Clerk Jennifer Woodworth
III. PUBLIC COMMENTS
None.
General Manager Steve Abbors provided comments related to the overall Vision Plan and
described how the two tiers of projects may be implemented by the District. Mr. Abbors also
explained how the top tier of Vision Plan projects will help inform staff as they prepare for a
potential funding measure. Finally, Mr. Abbors thanked the members of District staff who have
led the Vision Plan team and the process used to create the Vision Plan.
Director Hanko arrived at 6:08 p.m.
IV. ADOPTION OF THE AGENDA
Meeting 14-04 Page 2
Director Cyr moved, and Director Siemens moved to adopt the agenda.
VOTE: 7 – 0
V. BOARD BUSINESS
Agenda Item #1 – Vision Plan Priority Actions (R-14-25)
Natural Resources Manager Kirk Lenington explained that the Vision Plan Priority Actions will
be implemented through the District’s annual Action Plan. He also reiterated that the Vision
Plan Priority Actions will not be the only projects being completed by the District but are only a
portion of planned District projects. Mr. Lenington reviewed the Vision Plan timeline and
described the evaluation process and criteria utilized by District staff to create the list of priority
actions. Mr. Lenington then reviewed an additional six Vision Plan Priority Actions. These
included: Sierra Azul – Fire management; South Bay Foothills – Saratoga-to-Sea Trail and
Wildlife Corridor; Cities & Baylands Region – Major Roadway Signage; Rancho San Antonio –
Interpretive Improvements, Refurbishing, and Transit Solutions; Skyline Ridge – Education
Facilities, Trails, and Wildlife Conservation Projects; Skyline Subregion – Fire Management and
Forest Restoration.
Director Kishimoto requested additional details related to the two fire management priority
actions.
Mr. Lenington outlined detailed steps that could be taken by the District to implement these two
priority actions.
Director Hassett expressed his opinion that fuel load reduction in forests should be a major
component of the District’s fire management activities.
Mr. Lenington stated that fuel load reduction is included in the two priority actions related to fire
management.
Public hearing opened at 6:53 p.m.
Ken Nitz commented that he is interested in the cost of the Priority Actions. He also stated that
the priority actions may change as the makeup of the Board and opportunities change. Finally,
Mr. Nitz commented that fire management is one of the duties of the District.
Public hearing closed at 6:56 p.m.
Director Hassett commented that after learning more about the project from District staff, he now
supports the inclusion of the reopening of Alpine Road in the 23 priority actions included in the
Tier 1 Priority Actions.
Director Kishimoto expressed her support for including priority action #30 in the Tier 1 Priority
Actions.
Meeting 14-04 Page 3
Director Cyr expressed his support for including priority action #30 in the Tier 1 Priority
Actions.
Director Hanko expressed her support for the top tier of 23 priority actions and her desire that the
additional six priority actions all be included in the Tier 1 Priority Actions.
Director Riffle expressed his support for the 23 priority actions included in the Tier 1 Priority
Actions.
Director Harris expressed her support for the 23 priority actions included in the Tier 1 Priority
Actions and supported the inclusion of priority action #18 in the Tier 1 Priority Actions.
Director Siemens expressed his support for including priority actions #18 and #30 in the Tier 1
Priority Actions.
Motion: Director Siemens moved, Director Kishimoto seconded the motion to approve the
general manager’s recommendation with addition of #18 and #30 to the list of Tier 1 Priority
Actions.
Amendment to the Motion: Director Hanko moved to amend the motion to include Priority
Action #25 (Major Roadway Signage) in the list of Tier 1 Priority Actions.
Motion died for lack of a second.
VOTE: 7-0-0
Director Kishimoto thanked the members of the Citizens Advisory Committee and staff who put
so much effort into creating the Vision Plan.
VI. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:16 p.m.
______________________________
Jennifer Woodworth, CMC
District Clerk
February 5, 2014
Board Meeting 14-05
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle, Los Altos, CA 94022
Wednesday, February 5, 2014
DRAFT MINUTES
CLOSED SESSION
I. CALL TO ORDER
President Harris called the Special Meeting of the Midpeninsula Regional Open Space District
Board of Directors to order at 6:10 p.m.
II. ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Yoriko Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: Nonette Hanko and Larry Hassett
Staff Present: General Manager Steve Abbors
III. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION –
Government Code Section 54957(b)(1)
Title of Employee: General Manager
IV. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:00 p.m.
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 6:05 p.m.
President Harris noted that there were no actions to report out of closed session.
Meeting 14-05 Page 2
II. ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Yoriko Kishimoto, Curt Riffle, and Pete Siemens
Members Absent: Nonette Hanko and Larry Hassett
Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz,
Assistant General Manager Kevin Woodhouse, General Counsel Sheryl
Schaffner, Real Property Specialist Elaina Cuzick, and District Clerk
Jennifer Woodworth
III. ORAL COMMUNICATIONS
No speakers present.
IV. ADOPTION OF AGENDA
Motion: Director Cyr moved, and Director Siemens seconded the motion to adopt the agenda as
amended.
VOTE: 5-0-0 (Directors Hanko and Hassett absent)
V. BOARD BUSINESS
Agenda Item #1 Presentation of Strategy Research Institute’s Second Public Opinion
Tracking Poll and Authorization to Prepare Ballot Documents to Place a Bond Measure on
the June 3, 2014 Ballot (R-14-29)
General Manager Steve Abbors provided comments on the history of the District’s mission and a
brief summary of the Strategic Plan. Mr. Abbors commented that through the District’s Vision
Plan process has shown members of the public have grown more interested in public access to
the District’s preserves rather than the District’s historic mission of preservation through land
acquisition.
Director Hanko arrived at 6:08 p.m.
Walter Moore, President of the Peninsula Open Space Trust (POST), provided comments related
to the history of POST and the District working together and pledged POST’s support for the
potential funding measure.
Marc Landgraff, Director of External Affairs for POST, introduced Dr. Gary Manross of the
Strategy Research Institute.
The Board received an informational presentation from Dr. Manross summarizing the polls his
organization conducted on behalf of and POST related to the feasibility of placing a potential
funding measure on the June 3, 2014 ballot. He described the methods used to determine the
likelihood of potential support of voters for a funding measure, including the impact of potential
arguments for and against a measure, the various pros and cons of a June or November election,
Meeting 14-05 Page 3
and the ability of a potential funding measure to be in line with the core values of potential
voters.
The Board members asked various questions related to factors that could affect voter turnout.
Discussion ensued.
Mr. Abbors suggested the following change to the ballot question: “To improve access to hiking,
and biking, and equestrian 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 of forest fires; 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
independent citizen oversight committee?”
Public hearing opened at 7:23 p.m.
No speakers were present.
Public hearing closed at 7:23 p.m.
Motion: Director Hanko moved, and Director Siemens seconded the motion to authorize
General Manager to direct District staff to prepare ballot documents for placing a bond measure
on the June 3, 2014 ballot with the addition suggested by General Manager Abbors.
VOTE: 6-0-0 (Director Hassett absent)
Agenda Item #2 – Review Draft Ordinance for Placement of a Bond Measure on the June
3, 2014 Ballot (R-14-30)
Real Property Specialist and Capital Finance Program Lead Elaina Cuzick provided the staff
presentation. Ms. Cuzick provided an overview of the ballot documents, the timeline for
approval of documents before submittal to the county Registrars, a description of the components
contained in the ordinance, and an explanation of the Expenditure Plan and Tax Rate statement.
Director Riffle requested clarification related to the estimated costs for individual projects.
General Counsel Sheryl Schaffner explained that there is clarifying language included in the
expenditure explaining that the estimates are in 2014 dollars and that they are estimates only, and
the actual costs may change in implementation.
Public hearing opened at 7:47 p.m.
Tom Lockard spoke in support of the type funding being sought in the funding measure stating
that it is an extremely low cost type of funding.
Alex Anderson a member of Silicon Valley Mountain Bikers and the Community Advisory
Committee voiced his support for the funding measure and asked about the limits on the use of
the general obligation bond funds.
Meeting 14-05 Page 4
Mr. Abbors explained that any funds received from a successful funding measure must be used
for the projects listed in the Expenditure Plan. The District’s funds that are separate from the
general obligation bonds will be used to complete additional Vision Plan projects not included in
the expenditure plan.
Public hearing closed at 7:52 p.m.
Director Kishimoto expressed her support of the funding measure being placed on the June 3,
2014 ballot.
VI. ADJOURNMENT
President Harris adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 7:58 p.m.
________________________________
Jennifer Woodworth, CMC
District Clerk
Claims No. 14-03
Meeting 14-06
Date 2/12/14
Midpeninsula Regional Open Space District
Amount
Name
Description
21811
21812
21813
21814
21815
21816
21817
21818
21819
21820
21821
21822
21823
21824
21825
21826
21827
21828
21829
21830
21831
21832
21833
21834
21835
21836
21837
21838
21839
21840
21841
21842
21843
21844
21845
21846
21847
$3,590,000.00
$25,145.00
$23,790.89
$19,966.13
$18,672.66
$18,037.81
$11,000.14
$10,637.15
$9,815.00
$8,889.56
$8,250.00
## Old Republic Title Company
Grossman Design Group
*1 TKO General Engineering &
Construction
Patsons Media Group
Shute, Mihaly & Weinberger LLP
2 TKO General Engineering &
Construction
Jodi McGraw Consulting
Randazzo Enterprises
Koff & Associates
Apex Strategies
Convergence Media Productions
$8,196.24 #
*3
$8,085.33
$7,802.40
$7,100.00
$5,701.00
$5,317.24
$5,300.00
$4,680.00
$4,000.00
$3,909.01
$3,778.00
$3,197.25
$3,056.62
$3,000.00
$3,000.00
$2,875.00
$2,799.25
$2,770.00
$2,518.99
$2,350.00
$2,231.25
$2,120.00
$2,065.21
$2,044.98
$2,004.08
$1,875.00
Knapp Architects
San Mateo County Planning & Building
Department
Public Dialogue Consortium
Palo Alto Plumbing Heating And Air
Design Concepts
Ascent Environmental
Mayne Tree Expert Company
Old Republic Title Company
Bartel Associates
Gardenland Power Equipment
Alexander Atkins Design
Craftsmen Printing
Priority 1 Public Safety Equipment
The Creative Group
Amarach Management
Harris Construction
Thomson Reuters - West
4 First National Bank
Metro Mobile Communications
Concern
5 San Mateo County Clerk Recorder
The Bank Of New York Mellon
Office Team
4 First National Bank
Accountemps
Minh Le
Land Acquisition - Rogers Purchase
Radar Tower Repair Design Work - Mt. Umunhum
Construction Services For ECDM Staging Area Retrofit
Printing Services - Factsheets / Brochures For Various Preserves
/ Note Cards / Maps / Envelopes
Legal Services For Proposed Ridge Vineyards Land Exchange
Final Retainage Release - Construction Services For ECDM
Staging Area
Consulting Services For Vision Plan
Contractor For Powell Remediation, Demolition & Restoration
Compensation Survey
Consulting Services - Expenditure Plan Development
Planning & Script Writing Of Videos Originally Produced For
"Room To Breathe"
Historic Site & Structure Assessments - Hawthorn Property
Building Permit Fees For Trail Bridges, Retaining Wall &
Puncheon - Ancient Oaks Trail
Vision Plan Public Participation Services
Replacement Of HVAC Heat Pump - FFO
Graphic Design Services - Vision Plan Graphics For Public &
Board Presentations / Winter Newsletter & Calendar For Outdoor
Activities
CEQA Consulting Services For Mindego Use & Management Plan
Spray Treatment For Oak Trees At Various Preserves
Title & Escrow Fees For Rogers Property
Consulting Services - OPEB Actuarial Valuation
Chain Sharpening & Repairs / Motorized Wheelbarrow
Professional Design Services - Funding Measure Fact Sheets /
Events Poster & Flyer / Caltrain Ads / Slide Presentation Format
Printing Services - Presentation Folders For Outreach Program
Spotlight Repair On Patrol Truck / Repair & Refurbish Code 3
Equipment / Install Code 3 Equipment on Patrol Truck
Temp - Web Administrator
Engineers Estimate For Demolition Of Sierra Azul Structures
Concrete Table Tops For Monte Bello Camp Ground
Subscription Product Charges - 2014 Legal Updates
Conferences & Training Expenses - Liebert Cassidy Annual
Public Sector Labor Law Conference / Redwood City & San
Mateo County Chamber Of Commerce Progress Seminar /
National Association For Interpretation Workshop
Radio & Repeater Installation For Patrol Truck / Portable Radio
Repair / Portable Radios & Accessories
Employee Assistance Program Quarterly Fee
CEQA Filing Fees For Mindego Use & Management Plan
Note Paying Agent Fees - 2004 Revenue Bonds
Office Temp - Real Property Administrative Assistant
Computer, Website & Internet Expenses - Wi-Fi For GM iPad /
Email Service Provider For Sending Email Blasts / Web Hosting
Fee For District Website / Online Form Service / Notebook /
Racks For Server's At SFO & FFO / External Hard Drive For
Photo Storage
Accounting Temp
Leadership Consulting Services & Organizational Effectiveness
Training
Page 1 of 4
Claims No. 14-03
Meeting 14-06
Date 2/12/14
Midpeninsula Regional Open Space District
Amount Name
Description
21848
21849
21850
21851
21852
21853
$1,705.00
$1,650.00
$1,500.00
$1,250.00
$1,250.00
$1,200.42
Shute, Mihaly & Weinberger LLP
Rosemary Cameron
Pacific Skyline Council, Boy Scouts Of
America
*6 Thumbtack Bugle
Rhus Ridge Association
*4 First National Bank
21854 $1,143.31 *4 First National Bank
21855
21856
$1,125.00
$1,119.04
Pat O'Brien
Hertz Equipment Rental
21857 $1,115.77 *4 First National Bank
21858
21859
21860
21861
21862
21863
$1,115.26
$1,075.00
$1,000.00
$1,000.00
$970.00
$934.46
Central Coast Bat Research Group
Geocon Consultants
The Sign Shop
California Pension Group
Fall Creek Engineering
Office Depot
21864 $930.00 *7 San Mateo County Planning & Building
Department
21865 $887.08 *4 First National Bank
21866
21867
21868
21869
21870
21871
21872
21873
21874
21875
21876
21877
21878
21879
21880
21881
$828.73
$770.00
$759.80
$750.00
$743.90
$727.50
$718.42
$710.00
$665.00
$630.14
$600.00
$564.81
$499.97
$481.69
$453.76
$414.00
21882 $400.00
CMK Automotive
Hazard Management Services
Gartside, Ellen
Santa Clara County
Costco
Liebert Cassidy Whitmore
United Site Services
4 First National Bank
Normal Data
Fastenal
San Francisco Bay Bird Observatory
Smith Bros. Electric Company
McKowan, Paul
First National Bank
Orchard Supply Hardware
United Chimney Services
Santa Clara County Cities Managers'
Association
Legal Services For Wickett Property
Consulting Services - Capital Finance Program
Boy Scout Merit Badge Sponsorship
Event Flyer Distribution For Black History Celebration
Annual Road Maintenance Dues
Miscellaneous Expenses - Facility Rental Fee For Santa Clara
County City Managers Association Luncheon / Waste Disposal
Fee / Safety Program Supplies / Name Badges
Field Supplies / Gate Openers / Driscoll Water System Battery /
Plumbing Supplies For DHF / Fencing For ECDM Staging Area
Basin / Magnifier Set / Wildlife Camera's
Consulting Services For Capital Finance Program
Equipment Rental - Mini Excavator For Trail & Road Work At
Various Preserves
Volunteer & Docent Events & Supplies - Volunteer Supplies /
Catering For Volunteer Program Training
Pre -Demolition Bat Survey At Powell Property
Geotechnical Consulting Services - Mt. Umunhum Staging Area
Refurbished Signs & Frames For Various Preserves
Public Retirement Consulting Services
Design Services For Pond DR08 At La Honda Creek
Office Supplies / Calendars & Planners / Break Room Supplies /
Pens / Dividers / Binders / Folders / Labels / Post -it Notes /
Journals / Tape / Notebook / Calculator / File Tray / Correction
Tape
Permit Review Fee - Purisima Creek Redwoods Gate Automation
Business Related Meals - Board Meetings / Vision Plan Meetings
/ "Shake & Bake" Action Plan Meeting / Lunch With Mountain
View Communications
Vehicle Maintenance & Repairs
Hazardous Materials Testing At SAO
Reimbursement - Volunteer Supplies
Registration Fee For Mediation Training
Break Room & Office Supplies
Legal Services - Personnel
Sanitation Services - Fremont Older & Sierra Azul
Membership Dues - State Bar Of California / California
Association Of Public Purchasing Officers
Consultant Services - Incidents Database
Air Compressor Reel & Drinking Fountain - FFO Shop
Consulting Services - Native Plant Restoration At Mt. Umunhum
Electrical Repairs - Rental Residences
Reimbursement - California Park & Recreation Society
Conference Expenses
Vehicle Maintenance, Repairs & Supplies - Car Wash / Batteries
For ATV / Oil & Gas Containers
Field Supplies / Post Digging Tool / Materials For Structure
Repairs / Lamp Holders / Hexbolts For Bridge Repairs / Spray
Paint / Lumber For Purple Martin Boxes / Plastic Bags / Duct
Tape / Flood Lights / Screws For Circuit Breaker
Chimney Sweep Services At Rental Residences
Annual Membership Dues
Page 2 of 4
Claims No. 14-03
Meeting 14-06
Date 2/12/14
Midpeninsula Regional Open Space District
Amount
Name
Description
21883 $397.58 *4 First National Bank
21884 $368.97 *4 First National Bank
21885 $350.00 All Seasons Roofing & Waterproofing
21886 $318.44 Life Assist
21887 $308.02 *4 First National Bank
21888 $305.00 *8 Metropolitan Education District
21889
21890
21891
21892
21893
$281.23
$278.61
$269.41
$255.78
$250.00
Barron Park Supply
Interstate All Battery Center
Claire Moore
Foster Brothers
Amermex Upgrades
21894 $239.97 Grainger
21895 $238.06 G & K Services
21896 $225.00 Schafer Consulting
21897 $220.62 Davison, Steve
21898 $206.09 Green Waste
21899 $205.03 Pine Cone Lumber
21900 $186.39 Design Signs
21901 $162.09 United Parcel Service
21902 $162.00 Howard Rome Martin & Ridley
21903 $157.78 State Water Resources Control Board
21904 $155.77 California Water Service Company
21905 $133.70 Staples Credit Plan
21906 $120.00 Shelton Roofing Company
21907 $112.50 Mullen, Pamela
21908 $109.00 Coastal Sierra
21909 $107.25 ID Plus
21910 $84.40 Uline
21911 $84.17 Kwik Key Lock & Safe Company
21912 $81.00 R.H.F.
21913 $78.00 Pacific Telemanagement Services
21914 $71.00 Terminix
21915 $69.47 Los Altos Hardware
21916 $53.26 *4 First National Bank
21917 $46.15 McKibbin, Brennon
21918 $44.97 Roberts Hardware
21919 $40.00 Sanguinetti, David
21920 $37.50 Malone, Brian
21921 $35.36 # California Water Service Company
21922 $28.95 Big Creek Lumber
21923 $21.25 FedEx
Office Supplies / Break Room Supplies / Moving Dolly / Batteries
Uniform Expenses
Skylight Repair - AO
Medical Training Supplies
Event Supplies & Expenses - Supplies For Staff Holiday Lunch /
Storage Containers For Event Supplies
Building Maintenance - Electrical Training Course
Plumbing Supplies - FFO / Water Shut Off Valve For Rental
Residence
Batteries For Portable Radios
Reimbursement - Electricity For Air Quality Monitoring At RSA
Padlocks For SFO
Emergency Repair At AO - Short Circuit In Boiler Room & Bulb
Replacement
Dolly For Chairs At Annex
Shop Towel Service - SFO & FFO
Integrated Accounting & Financial System Support Services
Reimbursement - Tuition
Garbage Service - SFO
Lumber For RSA
Gate Numbers & Letters - SFO
Parcel Shipping
Legal Services - Gullickson Litigation
Mindego Landfill Oversight Costs
Water Service - Rental Residences & Windy Hill
Office & Kitchen Supplies
Replace Damaged Gutter - Rental Residence
Reimbursement - Professional Dues For HR Certification
Internet Service - SFO
Uniform Name Tags
First Aid Supplies
Keys For FFO & District Vehicles
Recalibrate Radar Unit
Pay Phone - Black Mountain
Pest Control Services - AO
Plumbing Supplies
Rental Residence Expenses - Screen Door Repair
Reimbursement - Supplies For Plumbing Repair
Electrical Supplies - SFO
Reimbursement - Cell Phone
Reimbursement - Park Rangers Association Of California
Membership Fee
Water Service - Hawthorn Property
Hardware For Peters Creek Bridge
Shipping Charges
Page 3 of 4
Claims No. 14-03
Meeting 14-06
Date 2/12/14
Midpeninsula Regional Open Space District
# Amount Name Description
Total $3,884,569.02
*1 Urgent check issued 2/4/14
*2 Urgent check issued 1/31/14
*3
Urgent check issued 2/4/14
*4 Urgent check issued 2/5/14
The total for First National
Bank is $11,481.08
*5 Urgent check issued 1/23/14
*6 Urgent check issued 1/31/14
*7 Urgent check issued 2/4/14
*8 Urgent check issued 1/23/14
# Hawthorn expenses
## In the event agenda item is not
approved, this claim will not be
processed
Page 4 of 4
R-14-09
Meeting 14-06
February 12, 2014
AGENDA ITEM 3
AGENDA ITEM
Adoption of Ordinance Amending the “Regulations for Use of Midpeninsula Regional Open
Space District Lands” and Adoption of District Bail Schedule for newly added Regulations
GENERAL MANAGER’S RECOMMENDATIONS
1. Waive second reading and adopt the ordinance updating Regulations for Use of
Midpeninsula Regional Open Space District Lands;
2. Adopt the District Bail Schedule for newly added Regulations.
SUMMARY
Proposed updates to the District’s Regulations for use of Midpeninsula Regional Open Space
District Lands were reviewed by the Board of Directors at a first reading on January 8, 2014 (R-
14-06). During that meeting two revisions to the proposed updates were discussed and approved
by the Board as described below. Attachment 1 contains the final language of the ordinance
proposed for adoption.
DISCUSSION
The two revisions adopted during the Board meeting have been included in the proposed updates
(see Attachment 1). The revisions are: the update of an existing regulation requiring the removal
of dog excrement (701.5), and the addition of a new regulation (702.7) which prohibits the
diversion of water. The changes to the regulations are shown below (text to be added appears in
underline; text to be removed appears in strikethrough).
701.5 Removal of Dog Excrement. No person responsible for an animal a dog shall allow its excrement
or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted
requiring its removal on District lands.
702.7 Unpermitted Diversion of Water.
No person shall divert water from any surface water, ground water, or water storage facility on
District Lands without the express written permission of the District.
BOARD COMMITTEE REVIEW
On December 3, 2013 The Legislative, Funding and Public Affairs Committee reviewed the proposed
changes and additions to the Ordinances (R-13-115). After discussion it was decided to support the
R-14-09 Page 2
changes and additions as proposed, but to refer two items to the full Board for consideration during the
first reading of the Ordinance. The two items which were referred were a further change to the dog
excrement regulation and the addition of a regulation regarding diversion of water, as noted above.
FISCAL IMPACT
The District receives minimal revenue from the court fines. The newly added regulations are not
anticipated to noticeably change revenues from court fines.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
Pursuant to California Public Resources Code section 5547, the ordinance will be published in a
newspaper of general circulation within 30 days after adoption.
Staff will submit the updated Bail Schedule to the San Mateo and Santa Clara County courts for
implementation.
Attachments:
1. Ordinance: “Regulations For Use Of Midpeninsula Regional Open Space District Lands”
2. Additions to the District’s Bail Schedule
Responsible Department Head:
Brian Malone, Acting Operations Manager
Prepared by:
Gordon C. Baillie, Operations Management Analyst
ORDINANCE NO. 2014-01
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING ORDINANCE NO. 93-1 REGARDING THE USE OF
DISTRICT LANDS
THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT DOES ORDAIN AS FOLLOWS:
SECTION ONE. Findings.
A. Pursuant to Public Resources Code §5558, the Board of Directors of the Midpeninsula
Regional Open Space District (District) hereby finds that adoption of this ordinance is
necessary for the administration, governance, protection, and use of District lands and
facilities, and is necessary and appropriate for the sage use of District lands by the public.
B. The Board of Directors of the Midpeninsula Regional Open Space District further finds
that the proposed ordinance is consistent with, and assists in implementing, the District’s
Basic Policy Statement.
SECTION TWO. Sections 100 through Section 808 of Ordinance 14-01 are hereby adopted
as attached in Exhibit A, a copy of which is incorporated herein by reference as though fully set
forth.
SECTION THREE. A copy of this ordinance shall be published at least once within thirty (30)
days of adoption in a newspaper of general circulation in San Mateo and Santa Clara Counties
and printed, published, and circulated in the District, and shall be effective from and after July 1,
2014.
The foregoing ordinance was introduced at a regular meeting of the Board of Directors
held on January 8, 2014, and adopted as an ordinance of the Midpeninsula Regional Open Space
District at a regular meeting of the Board of Directors held on February 12, 2014, 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 R-14-09
Page 1 of 24
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1, July 28, 1993
Revised and Adopted by Ordinance No. 96-1, February 28, 1996
Revised and Adopted by Ordinance No. 03-01, June 6, 2003
Revised and Adopted by Ordinance No. 03-02, August 13, 2003
Revised and Adopted by Ordinance No. 04-01, August 25 2004
Revised and Adopted by Ordinance No. 14-01, January 22, 2014
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as “Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands” and may be referred
to as “land use regulations.”
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship
for District Lands, to establish orderly use, and to maintain a natural and quiet
environment for persons on the lands. They are established according to the
Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999,
that “The District follows management policies that ensure proper care of the
land, that provide public access appropriate to the nature of the land, and that
are consistent with ecological values and public safety.”
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following
definitions shall govern the construction and interpretation of these
regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. “District” means MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term “District Lands” includes all
lands, interests in lands, structures, improvements, and waters owned,
controlled, leased, licensed or managed by MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT.
SECTION 104. PERSON DEFINED. “Person” means any individual, firm, corporation,
club, municipality, district, or public agency, and all associations or
combinations of persons whenever acting for themselves or by any agent,
servant, or employee.
SECTION 105 JUVENILE DEFINED. A juvenile is defined as any person under the age of
18 years.
Attachment 1 R-14-09
Page 2 of 24
SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is
defined as any horse, pony, mule, donkey, other member of the equine family,
alpaca or llama whether used for riding or packing or neither. It does not
include any other animal that may be used for saddle or packing purposes.
SECTION 107 DESIGNATED TRAIL DEFINED. A “Designated Trail,” is a trail
maintained by the District which is shown on the District’s official preserve
maps or is identified as a designated trail in the District’s Use and
Management Plan for the preserve. The area of the trail is defined as the
graded trail surface. It does not include the uphill embankment, downhill
embankment, or any area or corridor adjacent to the trail surface.
SECTION 108 DESIGNATED AREA DEFINED. A “Designated Area,” is any area or trail
on District lands specifically designated for a specific use or activity or where
a specific use or activity is prohibited or restricted by a District rule,
regulation, Ordinance, sign, notice or permit.
SECTION 109 WATER AREAS OF THE DISTRICT DEFINED. “Water Areas of the
District,” are defined as all water areas on District Lands, including, but not
limited to, natural and artificial swimming pools, reservoirs, ponds, lakes,
creeks, streams, bays, tidal areas, flood control channels, and other structures
designed or able to hold water.
SECTION 110. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided
herein, “permit” or “permission” means permission, granted in writing by the
General Manager or his/her designee or an authorized representative of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 111. CLIMBING DEFINED. Climbing is defined as suspending oneself by hands
and or feet or with a rope or other support, such that one could not stand up
unsupported on his/her feet or progress up or down without the use of their
hands or other support without jumping or falling.
SECTION 112 DISTRICT EMPLOYEE DEFINED. A “District Employee,” is any full or
part time paid employee of Midpeninsula Regional Open Space District. This
definition does not include volunteers.
SECTION 113. BOARD DEFINED. “Board” means the Board of Directors of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience
only, and shall not be considered in the interpretation of this Ordinance, and
shall not in any way affect the conduct or activities covered by other sections
of this Ordinance.
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SECTION 115. PUBLIC VIEW DEFINED. “Public View” is defined as a location which can
be seen from a road, trail, staging area, parking lot, campground or picnic area,
or other District structure or facility.
CHAPTER II.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to
all persons, except as otherwise provided by resolution, regulation, or rule of
the Board, by administrative action of the General Manager or his/her designee
under this Ordinance, or by individual Site Use and Management Plans
adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of
permits and the issuance thereof. It may by such system require permits for
the use of certain lands, exempt certain lands or classifications of permits there
from, and establish a system of fees and other policies in connection with the
administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and
regulations of the District, the regulations or provisions of any sign or posted
notice, the terms and conditions of any permit, the lawful order or other
instruction of any District ranger appointed by the Board or any peace officer,
the laws of the State of California, any Federal law, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of
the District acting within the scope of their authorized duties. However,
District employees and official shall abide by the laws of the State of
California, any Federal law and all applicable county, city and other local
ordinances.
200.4 All District lessees, contractors, consultants, agents and representatives shall
abide by all provisions of this Ordinance unless the provision(s) conflicts with
a written contract or agreement with the District. When a conflict occurs, the
conditions of the written contract or agreement shall take precedence.
However, lessees, contractors, and consultants shall abide by the laws of the
State of California, any Federal law, and all applicable county, city and other
local ordinances.
200.5 Failure to comply with a permit. No person issued a permit shall violate the
terms or conditions of the permit.
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SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not
preclude the application of general regulations unless expressly indicated.
CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to
Sections 5541, 5558, and 5559 of the Public Resources Code of the State of
California, and apply to all District Lands. A title, where used, does not limit
the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION.
Unless otherwise stated, any violation of this Ordinance or of any rule or
regulation adopted by the District is punishable as an infraction.
When any violation of this Ordinance or of any rule or regulation adopted by
the District is punishable as a misdemeanor, the prosecutor may file a
complaint or make a motion to amend an accusatory pleading specifying that
the offense is an infraction.
When any violation of this Ordinance or of any rule or regulation adopted by
the District is punishable as an infraction, the prosecutor may file a complaint
or make a motion to amend an accusatory pleading specifying that the offense
is a misdemeanor.
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph,
subparagraph, sentence, or clause of this Ordinance is, for any reason, held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
Ordinance. The Board of Directors declares that this Ordinance, and each
chapter, section, subsection, paragraph, sentence, and clause thereof, would
have been adopted regardless of such possible finding of invalidity or
unconstitutionality and, to that end, the provisions of this Ordinance are hereby
declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is
amended or repealed, acts and commissions occurring before the amendment
or repeal may be prosecuted as though such section, rule, or regulation had not
been amended or repealed.
SECTION 304 CITATIONS FOR MISDEMEANORS. If any person is arrested for a
violation of an ordinance, and such person is not immediately taken before a
magistrate, the arresting officer shall prepare in duplicate a written notice to
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appear in court, containing the name and address of such person, the offense
charged, and the time and place where and when such person shall appear in
court.
a) The time specified in the notice to appear must be at least five days after
such arrest.
b) The place specified in the notice to appear shall be the court of the
magistrate before whom the person would be taken if the requirement of
taking an arrested person before a magistrate were complied with, or shall
be an officer authorized by such court to receive a deposit of bail.
c) The officer shall deliver one copy of the notice to appear to the arrested
person, and the arrested person in order to secure release must give his/her
written promise so to appear in court by signing the duplicate notice
which shall be retained by the officer. Thereupon the arresting officer
shall forthwith release the person arrested from custody.
d) The officer shall, as soon as practicable thereafter, file the duplicate notice
with the magistrate specified therein. Thereupon the magistrate shall fix
the amount of bail which in his/her judgment, in accordance with the
provisions of Section 1275 of the Penal Code, will be reasonable and
sufficient for the appearance of the defendant and shall indorse upon the
notice a statement signed by him in the form set forth in Section 815a of
the Penal Code. The defendant may, prior to the date upon which he/she
promised to appear in court, deposit with the magistrate the amount of bail
thus set. Thereafter, at the time when the case is called for arraignment
before the magistrate, if the defendant shall not appear, either in person or
by counsel, the magistrate may declare the bail forfeited, and may in
his/her discretion order that no further proceedings shall be had in such
case. Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the county treasury
for distribution pursuant to Section 1463 of the Penal Code.
e) No warrant shall issue on such charge for the arrest of a person who has
given such written promise to appear in court, unless and until he/she has
violated such promise or has failed to deposit bail, to appear for
arraignment, trial or judgment, or to comply with the terms and provisions
of the judgment, as required by law.
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SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any
person who willfully violates his/her or her written promise to appear or a
lawfully granted continuance of his/her promise to appear in court is guilty of
a misdemeanor, regardless of the disposition of the charge upon which he/she
was originally arrested.
SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a
person signs a written promise to appear at the time and place specified in the
written promise to appear and has not posted bail as provided in Section
5560.5 of the Public Resources Code, the magistrate shall issue and have
delivered for execution a warrant for his/her arrest within 20 days after his/her
failure to appear as promised, or if such person promises to appear before an
officer authorized to accept bail other than a magistrate and fails to do so on
or before the date which he/she promised to appear, then, within 20 days after
the delivery of such written promise to appear by the officer to a magistrate
having jurisdiction over the offense. When such person violates his/her
promise to appear before an officer authorized to receive bail other than a
magistrate, the officer shall immediately deliver to the magistrate having
jurisdiction over the offense charged the written promise to appear and the
complaint, if any, filed by the arresting officer.
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange
bedding, or prepare food in such a way that will enable a person to remain
after official closing hours on District Lands, except by written permit in
Designated Areas. Any person receiving a written permit to camp in a
designated area shall abide by the terms and conditions of the permit.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
a) accompanied by a parent or guardian; or
b) part of a group supervised by at least one adult responsible for each ten or
fewer juveniles; or
c) the juvenile is an emancipated minor.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity
in any Water Areas of the District except in Designated Areas.
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401.2 Definition. “Water-contact activity” is defined as any activity in which the
body of a person comes into physical contact with water areas by swimming,
washing, wading, aqua-planing, paddle boarding, skin diving, water skiing or
similar activity. It does not include boating, fishing, or when using a
Designated Trail.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft,
or other vessel of any description in the Water Areas of the District, except as
expressly allowed by permit or rule or regulation of the District.
SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES.
403.1 General.
a) No person shall carry, possess, use, set, leave or deposit, fire or discharge,
or cause to be fired or discharged, across, in, on, or into any portion of
District Lands any gun or firearm, spear, missile, bow and arrow, cross
bow, sling shot, trap, snare or hunting device, ammunition, throwing knife,
hatchet, axe, sword, machete, martial arts throwing device, any device
capable of firing or launching a projectile, or any other weapon or device
not otherwise specified, capable of injuring or killing any person or animal.
Violation of this sub-section is punishable as a misdemeanor.
b) No person shall carry, possess, set, leave or deposit, fire or discharge, or
cause to be fired or discharged, across, in, on, or into any portion of
District Lands any paint ball gun, BB gun, air gun or similar device.
403.2 Exceptions. This section shall not apply to:
a) the possession of otherwise lawful unloaded firearms or dangerous
weapons on public roads solely for the purpose of transporting such
firearms or dangerous weapons through District Lands for lawful purposes;
b) the possession of otherwise lawful firearms or other dangerous weapons at
a place of residence or business located on District Lands by a person in
lawful possession of the residence or business;
c) the possession and use of such firearms or weapons granted by written
permit for resource management or educational purposes.
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SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light, build, or
maintain, a fire of any nature on District Lands, except in permanent fixed
barbecues, camp stoves or fireplaces established and authorized by the District.
A fire shall include, but not be limited to any campfire, ground fire, warming
fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick,
flare, fusee, or any other incendiary device. This shall not apply to the
permitted use of gas camp stoves or gas lanterns when used in Designated
Area specified for camping.
404.2 Smoking. No person shall smoke on District Lands, except in Designated
Areas.
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent
from vehicles, trailers, sinks, portable toilets, or other fixtures upon or into the
ground or water. Violation of this sub-section is punishable as a misdemeanor.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of
any restroom or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag,
metal, wood, paper, stone, or other substances in any fixture in such a manner
as would interfere with the normal operation of such fixture.
405.4 Defecation. No person shall defecate in Public View or within twenty-five
(25) feet of a Designated Trail.
405.5 Urination. No person shall urinate in Public View.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall possess or use a metal detector or similar device on
District Lands, except as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by
any unlawful signing, fencing or enclosing, or any other unlawful means,
prevent or obstruct any person from peacefully entering any District Lands, or
prevent or obstruct free passage or transit over or through any District Lands.
Violation of this sub-section is punishable as a misdemeanor.
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407.2 Interference With Use of District Lands. No person shall engage in behavior
that unreasonably interferes with others in the normal, free and safe use of
District Lands. Violation of this sub-section is punishable as a misdemeanor.
407.3 Noise. No person shall play or operate any sound amplification devices,
including radios, television sets, public address systems, musical instruments,
or similar devices in such a way as to be audible beyond 100 feet of such
device or musical instrument, or in such a manner as to disturb the quiet of
District Lands, without prior written permission.
407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with
any lawful order, signal, or direction of any District or other peace officer
when that peace officer is performing his/her duties under any of the provisions
of this Ordinance, or other statute, code, Federal, State or local law, ordinance
or regulation which the District or other peace officer is authorized to enforce.
Violation of this sub-section is punishable as a misdemeanor.
407.5 Order to Vacate. Any person who has committed a public offense in a District
preserve or within the District’s boundaries shall leave District lands upon
request made by any Peace Officer. No person who has left such lands after
such a request may reenter any District lands prior to official sunrise on the
following day.
SECTION 408. ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES.
408.1 Organized Group Special Events and Activities Defined.
An Organized Group Special Event or Activity is any event or activity which:
a) is advertised or noticed in any publication, poster, electronic posting,
social media, or flyer; or
b) requests or requires a fee be paid for participation; or
c) may be attended by twenty (20) or more people.
408.2 Permits. No person shall hold, conduct, organize, or take part in any Special
Event or Activity as defined in section 408.1 on District Lands without written
permission. Violation of this sub-section is punishable as an infraction.
a) Where such unpermitted Special Event or Activity causes direct physical
harm to District Lands, or which is attended by forty (40) or more people,
or which is conducted after official hours, then violation of this sub-section
is punishable as a misdemeanor.
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408.3 Individual Participation
. No person shall participate in any Activity or Special
Event on District Lands without written permission when the Activity or
Special Event requires a written permit pursuant to this Ordinance.
408.4 The District may deny a request for a permit when the General Manager or
his/her designee finds that the requested Special Event or Activity or similar
event will disrupt or unreasonably interfere with the normal use, operation,
enjoyment or management of the site or facility, or have an adverse impact on
the ecological or historical characteristics of any District Lands.
SECTION 409. MISCELLANEOUS ACTIVITIES.
409.1 Fireworks. No person shall possess, deposit, give, sell, discharge, set off, or
cause to be discharged, on or into any portion of District Lands any
firecrackers, missiles, rockets, fireworks, explosives, or explosive devices.
409.2 Harmful Substances. No person shall possess, place, or apply any substance
on District Lands harmful to any person, property, wildlife, or vegetation.
Violation of this sub-section is punishable as a misdemeanor.
409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf,
or hit golf balls on, over, or into District Lands.
409.4 Model Craft. No person shall operate any self-propelled or remote controlled
drones, model airplanes, boats, automobiles, or other model craft of any kind
or description on, over, or into any portion of District Lands or Water Areas of
the District, except in Designated Areas, or by written permit. When allowed,
model craft shall be operated in compliance with posted or adopted rules and
regulations.
409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in
any human flight on, over, or into District Lands, except by written permit in
Designated Areas. Violation of this sub-section is punishable as a
misdemeanor.
409.6 Skating, Scooters, Skate Boards and Other Coasting, Sledding or Sliding
Devices. No person shall roller skate, in-line skate, grass skate, grass ski,
grass sled or operate a go cart, self propelled or motorized scooter, a self-
propelled or motorized skate board, or similar device on District Lands
including off road versions of all the listed devices, except on trails or
locations specifically designated for such use.
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409.7 Reckless or Negligent Activity. No person shall engage in any recreational
pursuit or activity, or operate any device that recklessly or negligently
endangers the safety of any: person, property, wildlife, natural features or
which interferes with visitor activities. Violation of this sub-section is
punishable as a misdemeanor.
409.8 Possession of a District Lock or Key. Any person who possesses, makes,
duplicates, causes to be duplicated, or uses, or attempts to make, duplicate,
cause to be duplicated, or use, or has in his possession any key to a building or
other area owned, operated, or controlled by the District without authorization
from the person in charge of such building or area or his designated
representative, is guilty of a misdemeanor.
409.9 Segways and Electric Bicycles. No person shall possess or use a Segway,
electric powered bicycle, or similar device on District Lands including off road
versions of all the listed devices, except on trails or locations specifically
designated for such use.
SECTION 410. ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer
and wine, and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in
an area that has been declared by the General Manager or his/her designee or
an authorized representative to be an area where alcohol use is prohibited.
SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise
alter any sign duly erected or posted on District Lands. Violation of this sub-
section is punishable as a misdemeanor.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but
not limited to, any bill, advertisement, directional or informational sign, or
inscription whatsoever on any tree, fence, building, monument, sign, bulletin
board, utility pole, lighting fixture, or other property on District Lands, without
written permission.
411.3 Obeying Signs. No person shall fail to obey the directions of a posted
regulatory sign.
SECTION 412 NUDITY. No person shall expose any part of the pubic or anal region or
genitalia while on District Lands in Public View.
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CHAPTER V.
PRESERVE USES - RIDING/HIKING TRAILS
SECTION 500. RIDING / HIKING TRAILS.
500.1 Trail Use Speed Limit. All users of District Lands shall comply with all
established trail use speed limits. The maximum speed for all trail uses is 15
miles per hour, unless otherwise posted. Bicyclists and equestrians are
required to slow to 5 miles per hour when passing others or approaching blind
turns.
500.2 One-way Trails. No person shall operate a bicycle or unicycle or similar
device, or ride or lead a saddle horse, pony, mule, or other such animal on a
one-way trail in a direction or travel designated or signed to prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
500.4 Dangerous Trail Use. No person shall run or jog in such a way as to endanger
hikers, equestrians, bicyclists or others using District Lands.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a Saddle or Pack Animal on
any trail, roadway or established firebreak designated or signed to restrict
horse use. Saddle or pack animals must stay on Designated Trails, roadways
which are Designated Areas for such use, and established firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in
a reckless or negligent manner so as to endanger public property, or the life,
limb, or property of any person or animal, including the rider. No person shall
allow his/her saddle or pack animal to stand unattended or insecurely tied.
Violation of this sub-section is punishable as a misdemeanor.
501.3 Carts and Wagons. No person shall possess or operate a cart, wagon, or
similar device attached to any animal on District Lands without a written
permit.
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SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle, unicycle or
similar device on District Lands except on trails or roadways designated by the
District for such use.
502.2 Unsafe Operation. No person shall operate a bicycle or unicycle or similar
device in a reckless or negligent manner so as to endanger public property, or
the life, limb, or property of any person or animal including the rider.
Violation of this sub-section is punishable as a misdemeanor.
502.3 Helmet Violations.
a) No person eighteen years or older shall operate a bicycle or unicycle or
similar device upon District Lands unless that person is wearing a properly
fitted and fastened bicycle helmet. Such bicycle helmets must meet the
standards of either the American Society for Testing and Materials
(ASTM) or the United States Consumer Product Safety Commission
(CPSC), or standards subsequently established by those entities.
b) Except in designated parking areas, no person shall possess a bicycle or
unicycle or similar device on District Lands without also possessing a
bicycle helmet. Such bicycle helmets must meet the standards of either the
American Society for Testing and Materials (ASTM) or the United States
Consumer Product Safety Commission (CPSC), or standards subsequently
established by those entities
502.4 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device
on a section of trail designated or signed as a walk-only zone. Any person
may dismount and walk a bicycle through a walk-only zone.
502.5 Mechanical Operation. No person shall operate a bicycle, unicycle or similar
device on District Lands that does not have properly functioning brakes, drive
train, seat and steering.
502.6 Headsets and Earplugs. A person operating a bicycle, unicycle or similar
device on District lands may not wear a headset covering, or earplugs in, both
ears. This prohibition does not apply to any person using a prosthetic device
that aids the hard of hearing or any other medical device required to be worn
for medical purposes.
SECTION 503 CLIMBING
503.1 Climb In Designated Areas Only. No person shall climb or rappel on any
rocks, boulders, caves, cliffs, any other geologic formations, or trees on
District Lands except in Designated Area.
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503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or
bolts in rock, soil, trees or other natural or manmade features on District Lands
in a designated climbing area unless specific written authorization has been
granted by the District in advance. Violation of this sub-section is punishable
as a misdemeanor.
503.3 Possession of Tools. No person shall possess tools used for installing anchors,
bolts or clearing vegetation from geologic formations, including but not
limited to wire brushes, scrapers, drills, or rock hammers on District Lands.
except in a designated parking area, or with written permission.
SECTION 504 TRESPASS ON DISTRICT LANDS: Trespass on District Lands is unlawful
under Section 602 of the Penal Code. As defined in the Penal Code trespass
includes, but is not limited to, destruction of property and unauthorized entry
on to District Lands or private property.
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. COMMERCIAL SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk,
or otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on
District Lands except by written permission. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze,
browse, or feed on District Lands except with written permission. Violation of
this sub-section is punishable as a misdemeanor.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant,
cultivate, or harvest any plant or agricultural crop on District Lands except
with written permission. Violation of this sub-section is punishable as a
misdemeanor.
602.2 Possession of Tools. No person shall possess equipment, tools or supplies for
the cultivation or removal of plant life including, but not limited to shovels,
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rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides,
insecticides, or wheelbarrows on District Lands except in a designated parking
area, or with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall conduct a filming operation involving the use of film
equipment, lighting, props, or other similar materials, except for a single still,
motion picture, video, digital or other camera, for commercial purposes on
District Lands except pursuant to a permit authorizing such activity. This
section shall not apply to the commercial operation of cameras as part of the
bona fide reporting of news. Violation of this sub-section is punishable as a
misdemeanor.
SECTION 604 COMMERCIAL USES.
No person shall engage in commercial activities on District lands, without
prior written permission from the District.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING, FISHING, COLLECTING AND FEEDING.
700.1 Hunting. No person shall possess, hunt, pursue, molest, disturb, injure, trap,
snare, take, net, poison, introduce, release or harm or attempt to hunt, pursue,
molest, disturb, injure, trap, take, net, poison, introduce, release or harm any
mammal or bird, or any other wild animal living or dead. This section shall
include taking of any part of the mammal or bird. Violation of this sub-section
is punishable as a misdemeanor.
700.2 Fishing. No person shall possess, take, fish for, net, molest, disturb, injure,
poison, collect, introduce, release or harm any or attempt to take, fish for, net,
molest, disturb, injure, poison, collect introduce, release or harm any fish
except by written permit in any District Water Area except in areas declared by
the District to be permitted fishing areas, where state laws regulate the taking
of game fish.
700.3 Carry or Possess Fishing Equipment. No person shall carry, possess, set, leave
or deposit any fishing equipment or similar devices in, on, or into any portion
of District Lands or District managed body of water.
700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall possess, take,
fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm
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or attempt to take, fish for, net, molest, disturb, injure, poison, collect,
introduce, release or harm any reptiles, amphibians, or mollusks living or dead,
except by written permit.
700.5 Collecting Insects. No person possess, shall take, net, collect, introduce,
release, poison or attempt to take, net, poison, collect, introduce, or release any
insects or arthropods living or dead, except by written permit.
700.6 Feeding. No person shall feed any animal on District Lands or deposit any
food, salt or edible material on any District Lands for that purpose without
written permission.
700.7 Collection of Animal, Bird, or Reptile Parts. Except by written permit, no
person shall take, collect, possess any animal, bird, or reptile body parts
including, but not limited to: antlers, skulls, fur, bones, skin, or feathers.
SECTION 701. ANIMALS.
701.1 Dogs.
a) No person shall have more than three dogs per person within areas where
dogs are allowed on District Lands.
b) No person shall allow or have a dog on District Lands except in those
areas designated by the District. This subsection shall not apply to:
1) guide and service dogs under physical control, specifically trained to
assist the blind, deaf, or disabled;
2) guide and service dogs in training to assist the blind, deaf, or disabled,
and under physical control, and participating in a training program,.
3) use authorized by written permit.
c) Leash Required. No person shall allow or have a dog on District Lands,
unless the dog is at all times under control, and on a leash not to exceed 6
feet, or on a self-retracting leash with a maximum extended length of 25
feet. The leash must be held by person responsible for the dog and must be
made of material and construction sufficient to restrain the dog. Electronic
or other “invisible leashes” do not meet the leash requirement. The self-
retracting leash must have the capability of being retracted and locked in a
position not to exceed 6 feet. Within a designated area, no person shall
have or allow a dog on a lead greater than 6 feet when:
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1) Within 100 feet of any parking area, trailhead, picnic area,
campground, horse stable, public roadway, restroom, visitor center,
ranger station, or other place or structure of public assembly;
2) Within 50 feet of any person that is not the person or persons who
entered District lands with the dog; or
3) Within 50 feet of any District Water Area.
4) When the dog is not visible to the owner.
d) Off-Leash Areas. Dogs shall be permitted off leash only in areas
specifically designated and signed by the District as off-leash areas. No
person shall allow or have a dog in an off-leash area unless the dog is at all
times under the verbal or radio collar control, and in sight of, its owner or
person responsible for the dog. The owner or person responsible for the
dog shall have a leash in his/her possession at all times.
e) Nuisance Dogs. No person shall allow or have on District Lands a dog
that is a nuisance to people, other animals, or property. This includes, but
is not limited to: growling, excessive barking, scratching, jumping on any
person or animal, or challenging in any manner, people, animals, or
property.
f) Dogs in Water Areas. No person responsible for a dog shall allow said dog
to enter any District Water Area unless it is specifically designated to
allow such entry.
g) Dangerous Dog. No person shall allow or have on District Lands a dog
that exhibits dangerous behavior including, but is not limited to: attacking,
biting or causing injury to any person or animal. Violation of this section
is a misdemeanor.
701.2 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or
domesticated animal, even if leashed, to disturb, chase, molest, injure, or take
any kind of wildlife, whether living or dead, or remove, destroy, or in any
manner disturb the natural habitat of any animal on District Lands. Violation
of this sub-section is punishable as a misdemeanor.
701.3 Horses and Livestock. No person shall keep, raise or allow cattle, horses,
sheep, or other livestock on District Lands, unless pursuant to a lease, license,
written permit, or other entitlement of use granted by the District. Violation of
this sub-section is punishable as a misdemeanor.
701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or
other animal on District Lands, unless specifically permitted by another
section of these regulations.
Attachment 1 R-14-09
Page 18 of 24
701.5 Removal of Dog Excrement. No person responsible for a dog shall allow its
excrement or feces to remain in an area if it poses a health hazard, a public
nuisance, or is in an area posted requiring its removalon District lands.
701.6 Abandoned Animals. No person shall abandon or release a dog, cat, fish,
fowl, or any other living creature, wild or domestic, on District Lands without
written permission.
701.7 Depositing of Animal Remains. No person shall bury, leave, scatter or
otherwise deposit animal remains on District lands, except for cremated animal
remains as specified in Section 807.
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall possess, damage, injure, take, place, plant, collect, or
remove any plant, fungi, tree, or portion thereof, whether living or dead,
including, but not limited to flowers, lichens, mosses, mushrooms, bushes,
trees, tree limbs, tree branches, vines, grass, cones, seeds, and deadwood
located on District Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess
a tree or unmilled wood on District Lands without satisfactory evidence of
lawful acquisition, such as a sales receipt or written authorization from the
owner of the land from which the tree or wood was acquired.
702.3 Geological Features. No person shall possess, damage, injure, take, collect,
remove, or attempt to damage, injure, take, collect, any earth, rocks, sand,
gravel, fossils, minerals, features of caves, or any object or artifact of
geological or paleontological, interest located on District Lands. Violation of
this sub-section is punishable as a misdemeanor.
702.4 Archeological Features. No person shall possess, damage, injure, take, collect,
remove, or attempt to damage, injure, take collect, or remove any object of,
archeological, or historical interest located on District Lands. Violation of this
sub-section is punishable as a misdemeanor.
702.5 Special Permission. Special written permission may be granted to remove,
treat, disturb, or otherwise affect plants, animals, or geological, historical,
archeological, or paleontological materials solely for research, interpretive,
educational, or operational purposes.
702.6 Destruction of Habitat. No person shall remove, destroy, or in any manner
disturb the natural habitat of any animal, bird, or reptile including, but not
limited to: mammal, bird, fish, mollusk, reptile, amphibian, except by written
permit.
Attachment 1 R-14-09
Page 19 of 24
702.7 Unpermitted Diversion of Water. No person shall divert water from any
surface water, ground water, or water storage facility on District Lands without
the express written permission of the District.
SECTION 703. UNLAWFUL DEFACEMENT, CONSTRUCTION AND MAINTENANCE.
703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark,
or alter any natural or biological feature, or any fence, wall, building,
monument, or other property on District Lands. Violation of this sub-section
is punishable as a misdemeanor.
703.2 Unlawful Construction. No person shall encroach upon, erect, construct,
install, or place or attempt to encroach upon, erect, construct, install, or place
any structure, building, shed, fence, trail, road, culvert, drainage structure,
bridge, jump, ramp, barricade, trench, barrier, fortification or wall, equipment,
material, sign, banner, or apparatus of any type or for any purpose constructed
of native or imported materials on, below, over, or across a preserve except by
written permission, specifying in detail the work to be done and the conditions
to be fulfilled pursuant to the terms of such authorization. Flagging,
surveying, and marking conducted for the purpose of constructing or installing
such features, shall be considered an attempt to erect, construct, install or place
such features, and is prohibited. Violation of this sub-section is punishable as
a misdemeanor.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing,
trimming, cutting, grooming, spraying, grading, or moving of any soils on
District Lands or perform any such grounds maintenance for any purpose
except by written permission. Violation of this sub-section is punishable as a
misdemeanor.
703.4 Possession Of Construction Or Maintenance Tools And Supplies. No person
shall possess any tools used for construction or maintenance on District Lands,
including but not limited to shovels, McCleods, Pulaskis, mattocks, rakes,
saws, axes, chainsaws, wood, hammers, nails, drills, saws, or similar
equipment or supplies for the purpose of unlawful construction, maintenance
or encroachment on District Lands except in a designated parking area, or with
written permission.
703.5 Surveillance Systems. Installation or maintenance of surveillance systems on
District lands, including wildlife cameras, or other similar encroachments is
prohibited except where authorized by permit.
Attachment 1 R-14-09
Page 20 of 24
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. RESERVED FOR FUTURE USE
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized
emergency vehicle, or when in compliance with the directions of a peace officer,
ranger, or District employee, in any of the following places:
a) In areas where prohibited by “NO PARKING,” or other posted signs;
b) On or obstructing any fire road or fire lane;
c) On or obstructing any trail;
d) In such a place or manner as would block or obstruct any gate, entrance, or
exit;
e) In such a place or manner as to take up more than one marked parking
space in any authorized parking area;
f) In such a place or manner as to block or obstruct the free flow of traffic or
to obstruct the ability to remove a parked vehicle;
g) Within 15 feet of a fire hydrant;
h) Adjacent to any curb painted red;
i) On any District Lands after Official Hours as defined in Section 805.3
except pursuant to a written permit;
j) In areas signed for permit parking on District Lands without a written
permit;
k) In any space designated for disabled parking in an unpaved parking lot,
except when displaying a disabled placard as defined in California Vehicle
Code.
l) In any other place on District Lands not designated by the District as an
authorized area.
SECTION 802. OPERATION OF MOTORIZED VEHICLES: OFF-ROAD VEHICLES
802.1 General. No person shall operate, propel, or leave standing a motorized
vehicle on District Lands. Motor vehicle includes, but is not limited to,
motorcycles, all-terrain vehicles, off-road vehicles, mopeds, “dirt-bikes,” gas
powered bicycles, and similar vehicles. Violation of this sub-section is
punishable as a misdemeanor.
Attachment 1 R-14-09
Page 21 of 24
802.2 Exceptions. This section shall not apply to:
a) emergency vehicles operated within the scope of official use;
b) roads, trails, or paths, which may from time to time be set aside and posted
by the District for the use of specifically designated vehicles;
c) roads and parking areas open to the public for motor vehicle use during
regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle
on District Lands at a speed greater than the posted speed limit, or as otherwise
specified in any District Ordinance, rule or regulation. No person shall drive or
operate a vehicle or motor vehicle, ride a horse, or ride a bicycle at a speed
greater than reasonable given weather, visibility, traffic, presence of other
users, surface and width of the trail or road, or which may damage natural or
cultural resources or wildlife.
803.2 Reckless Driving. No person shall drive or operate any vehicle, motor vehicle,
bicycle upon District Lands in willful or wanton disregard for the safety of
persons, property, natural resources or wildlife. Such conduct shall constitute
reckless driving. Violation of this sub-section is punishable as a misdemeanor.
803.3 Unsafe Driving. No person shall drive in an unsafe manner. This includes,
but is not limited to: spinning of the vehicle, breaking traction and exhibition
of speed.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing on
District Lands for 72 consecutive hours or more except in camping areas
pursuant to a valid permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may
be removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe
that a vehicle has been abandoned on District Lands, the vehicle may be
removed as authorized by Vehicle Code Section 22669.
Attachment 1 R-14-09
Page 22 of 24
SECTION 805. PROHIBITED AREAS AND CLOSURES.
805.1 Authority for Closures. To ensure the safety and health of persons, to protect
natural resources, to provide for proper planning of District Lands, to avoid
interference with development, construction, and management, or to provide
for security, safeguarding, and preservation of District Lands, the Board of
Directors, General Manager or his/her designee or an authorized representative
may declare an area, trail, road, or facility closed, prohibited, or limited to
further entry by the general public.
805.2 Types of Closures
a) Temporary or Regular Closures. District employees may make
temporary or regular closures of a portion of District Lands to the
general public for public safety, or to deal with an immediate or ongoing
management need. The declaration may include such reasonable classes
of persons who may enter, in the conduct of authorized activities or
official duties, as the General Manager or his/her designee or an
authorized representative may prescribe. No person shall, without
written permission issued by the District, enter or remain in an area of
District Lands or facility designated as a Temporary or Regular Closure
area.
b) Sensitive or Hazardous Area Closures. No person shall, without a
written permit issued by the District, enter or remain in an area of
District Lands or facility designated as a Sensitive or Hazardous Area,
and declared closed, prohibited, or limited by the General Manager or
his/her designee or an authorized agent. Sensitive areas may include
those with cultural, historical or biological significance. Such
designation may include, but is not limited to, specified areas of land,
trails, geologic or cultural features, facilities or structures. Violation of
this sub-section is punishable as a misdemeanor.
Attachment 1 R-14-09
Page 23 of 24
805.3 After Official Hours Use Prohibited. No person shall enter or remain on
District Lands after “Official Hours,” which are defined as the period of one-
half hour after official Sunset to one-half hour before official Sunrise the
following day without a written permit. The times for Sunrise and Sunset shall
be determined by the U.S. Naval Observatory’s official postings for Los Altos,
California.
805.4 Bicycle Operation After Hours. No person shall possess or operate a bicycle,
unicycle, or similar device on District lands after Official Hours.
805.5 Posting of Closures. An area shall be considered closed when notice is posted
at trailheads and gates officially designated and maintained by the District.
805.6 Failure to Vacate a Closed Area. No person shall fail to leave a Closed Area,
when notified of the closure by a Peace Officer. Violation of this sub-section
is punishable as a misdemeanor.
805.7 Off Trail Use. No person shall enter or remain in an area off of a designated
trail, when they are on District Lands in an area or preserve that has been
designated or signed to prohibit off trail use. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 806. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without
paym ent of any prescribed fee or charge. Any fee or charge established by the
Board for use of District Lands or facilities shall be paid in advance of such
use, unless later payment has been authorized by the General Manager or
his/her designee or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter
any cremated human or animal remains (cremains) without first having
obtained a written permit from the District, and shall abide by the permit
conditions which shall include, but not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any
residence or dwelling, within 500 feet of any creek, stream, or other body
of water or within 50 feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be
readily visible to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or
other associated non-organic materials, or non-native plants, may be left at
the site.
d) No memorial, plaque, or other site marker may be left at the site.
Attachment 1 R-14-09
Page 24 of 24
e) Any person scattering cremains on District lands shall possess and present
a valid District permit when scattering cremains.
f) The scattering of cremains for commercial purposes is prohibited.
SECTION 808 AIRCRAFT & HELICOPTER OPERATIONS.
808.1 Except in the case of emergency or for search and rescue, or fire fighting or
law enforcement operations no person shall land any aircraft including any
airplane, helicopter, hot air balloon or any contrivance used or designed for
flight in the air, excluding unpowered human flight as further authorized under
these regulations, on District Lands except by written permit. Violation of this
sub-section is punishable as a misdemeanor.
Attachment 2
Midpeninsula Regional Open Space District
Proposed Bail Schedule
For New Regulations
R-14-09
SECTION Regulation Title
Pr
o
p
o
s
e
d
2
0
1
4
Ba
i
l
A
m
o
u
n
t
Misdemeanor or
Infraction Comment
200.5 Failure to comply with permit conditions $35 Infraction Covers all forms of permits issued
407.5 Order to Vacate $75 Infraction New regulation to deal with people
who continue to be disruptive after
having performed an additional
offence.
409.8 Possession of District Lock or Key $100 Misdemeanor New regulation to deal with people
who use a District lock or key to
gain illegal access to District lands
or facilities.
409.9 Segways and Electric Bicycles $35 Infraction New regulation deals with new
technologies being used on District
lands.
411.3 Obeying Signs $35 Infraction New regulation requiring that posted
signs be obeyed.
604 Commercial Uses $35 Infraction New regulation which requires that
all commercial activities occurring
on District lands must obtain permit
in advance.
700.7 Collection of Animal Parts $25 Infraction New regulation dealing with
collecting of antlers and other
animal body parts.
701.1(g) Dangerous Dog $100 Misdemeanor New regulation to deal with dogs
which pose a danger to people and
other animals.
701.7 Depositing of Animal Remains $35 Infraction New regulation deals with problem
of people who bury dead pets,
which have been mistaken for
human remains when animals dig
them up.
702.6 Destruction of Habitat $100 Infraction New regulation deals with problem
of habitat destruction.
703.5 Surveillance Systems $35 Infraction New regulation deals with people
who have installed wildlife and other
surveillance systems on District
lands.
702.7 Unpermitted Diversion of Water $100 Infraction New regulation deals with theft of
water.
803.3 Unsafe Driving $75 Infraction New regulation deals with lower
level offence than 803.2, where
there is no one else in the parking
lot and damage is only to the
surface of the parking lot.
R-14-26
Meeting 14-06
February 12, 2014
AGENDA ITEM 4
AGENDA ITEM
Construction Equipment Lease Agreement for Mt. Umunhum Trail
GENERAL MANAGER’S RECOMMENDATION
Authorize the General Manager to enter into an agreement with Caterpillar Financial Services
Corporation to lease a CAT 103.7 excavator for a period of 18 months for an estimated $17,650
but not to exceed $19,000, with the option to purchase the equipment for an estimated $14,800,
but not to exceed $17,000 at the end of lease period.
SUMMARY
At its September 19, 2012 meeting for the Mount Umunhum Environmental Restoration and
Public Access Project (Project), the Board approved a multi-use trail to the Mount Umunhum
summit (R-12-91). In 2013, the Board of Directors adopted a resolution accepting a State
Coastal Conservancy (SCC) grant of $1,000,000 to help fund implementation of the Project,
including construction of the multi-use trail (R-13-45). Construction of the nearly four-mile long
trail has commenced, and all work is anticipated to be completed by April 2017 by Foothills field
staff. In order to implement trail construction while simultaneously carrying out other core
Operations functions, a separate piece of equipment is required. A lease agreement of $17,650
with an option to purchase is the most cost effective option for the District compared to a
monthly rental for the life of the Project.
DISCUSSION
The District currently owns a piece of trail building equipment called a mini excavator that is
widely used for trail construction. This lease would be for a second, updated piece of the same
equipment. The versatility of the equipment lends itself for use in a variety of core functions
carried out by field staff, such as ditch clearing, culvert replacement, etc. Because this
equipment is very versatile, it is now used continuously in the Foothills area for routine projects.
Since the existing mini excavator will be in use for at least 18 months on the Mt. Umunhum
Trail, it will be unavailable for other regular work required in the Foothills area.
The District’s existing mini excavator was purchased under a similar lease agreement and
purchase option by the Operations Department in 2005. The “rent-to-own” arrangement
successfully leveraged District funds to obtain that piece of equipment. In this case, if the
District entered into a lease agreement, it would leverage SCC grant funding towards future
District ownership of the equipment.
R-14-26 Page 2
The SCC grant authorizes reimbursement of equipment rental fees, but will not reimburse
equipment purchase. Foothills Field Office staff investigated the feasibility of entering into a
lease agreement to rent the equipment for a period of 18 months with the option to purchase at
the end of the lease, versus the monthly cost to rent without a lease agreement. They found the
lease agreement had the following advantages:
1. Monthly rental rates are less than half what they would be under a standard lease agreement
($980.40 per month versus a $2,375.00 quote for standard monthly rental from another vendor);
these fees would be reimbursed by the SCC grant.
2. The purchase option price at the end of the lease would be less than half the cost of a new
piece of equipment ($15,000 versus $30,000), saving the District nearly $15,000 compared to
purchasing the equipment new.
3. Since the monthly rental fees would be cut in half, SCC grant funds could be further leveraged
to allow for more work on other elements of the Project beyond the trail construction.
FISCAL IMPACT
The SCC grant funds would cover the cost of the 18-month rental, estimated to be $17,650 and
the Operations Department would request an estimated $14,800 not to exceed $17,000 for the
remaining cost of the equipment as part of their FY2015-16 Annual Budget.
BOARD COMMITTEE REVIEW
No Committee meetings were required for this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
Entering into a lease/purchase option agreement for construction equipment does not constitute a
project under the California Environmental Quality Act (CEQA), as it will not result in a direct
physical change in the environment.
NEXT STEPS
Operations Department staff will pursue a lease agreement with Caterpillar Financial Services
Corporation for $17,650 with an option to buy at the end of the term.
ATTACHMENT
1. Picture of CAT 301.7 excavator
Responsible Department Head:
Brian Malone, Acting Operations Manager
R-14-26 Page 3
Prepared by:
Michael Jurich, Acting Support Services Administrator, Operations
Meredith Manning, Co-Acting Planning Manager and Senior Planner
Contact person:
Michael Jurich, Acting Support Services Administrator, Operations
Construction Equipment Lease Agreement for Mt. Umunhum Trail
Attachment 1
Picture of CAT 301.7 Excavator
R-14-32
Meeting 14-06
February 12, 2014
AGENDA ITEM 5
AGENDA ITEM
Approval of an Agreement with Chavan & Associates to Provide Financial Auditing Services for
Fiscal Year (FY) 2013-14 through FY2015-16, for a Not-To-Exceed Total Amount of $58,500
CONTROLLER’S RECOMMENDATION
Appoint Chavan & Associates as the District’s financial auditor for FY2013-14 through FY2015-
16 and authorize the General Manager to execute a three year contract and engagement letter
agreement for a not-to-exceed amount of $58,500.
SUMMARY
The District issues a Request for Proposal (RFP) for financial auditing services every three years.
The previous proposal was issued in 2010 for auditing services for FY2010-11 through FY2012-
13 and Vavrinek, Trine, Day, & Co. was awarded the contract. In November 2013, staff issued a
RFP for auditing services for FY2013-14 through FY2015-16 and received four proposals. After
evaluation of the four companies, staff recommends entering into a three-year agreement with
Chavan & Associates for an amount not to exceed $58,500.
DISCUSSION
Last year, Vavrinek, Trine, Day & Co. completed the third year of its three-year auditing
agreement with the District. Accordingly, a Request for Proposal for Auditing Services was
prepared and distributed in November 2013 to eleven local accounting firms. Staff received the
following four proposals:
Firm Location Cost Proposal
Chavan & Associates San Jose, CA $58,500
Badawi & Associates Oakland, CA $60,798
Vavrinek, Trine, Day & Co. Palo Alto, CA $66,000
Maze & Associates Pleasant Hill, CA $87,069
Both Vavrinek, Trine, Day & Co. and Maze & Associates are prior District auditors and are
considered highly qualified. Because the other two bidders have not provided auditing services
to the District, staff conducted reference checks with local clients of Chavan & Associates and
Badawi & Associates and interviewed both companies’ senior partners. Based on this review,
both Chavan & Associates and Badawi & Associates were determined to be fully qualified. The
references for Chavan & Associates were particularly positive.
R-14-32 Page 2
Analysis of the four proposals verifies that Chavan & Associates offers the lowest price for the
first year and the three years combined, including the requirement to conduct a Single Audit of
receipts and expenditures on the federally-funded Mt. Umunhum project in FY2014-15. Chavan
& Associates, based in San Jose, currently has approximately fifty local audit clients, including
the cities of Los Gatos and Saratoga.
Chavan & Associates proposes maximum prices of $16,500 for the FY2013-14 regular audit plus
$3,000 for the Single Audit, $16,500 for the FY2014-15 audit and $16,500 for the FY2015-16
audit. Additional Single Audits, if required, would cost $3,000 per year. The total price for the
three years is 4% below that proposed by Badawi & Associates, and the regular audit price is
13% below the District’s audit expense for FY2012-13.
BOARD COMMITTEE REVIEW
No Committee review required.
FISCAL IMPACT
The District’s required financial audit is an ongoing, annual cost. The Controller’s
recommendation represents a $2,281 incremental reduction from the amount paid to Vavrinek,
Trine, Day & Co., in the previous year. The proposed amount, a total of $19,500, is included in
the Administration Department’s FY2014-15 Proposed Operating Budget.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
If approved by the Board, staff will contact Chavan & Associates to request an engagement letter
and will set up a purchase order to retain their audit services.
Prepared by:
Michael Foster, Controller
Contact persons:
Michael Foster, Controller
Kate Drayson, Administrative Services Manager
Andrew Taylor, Accountant
R-14-07
Meeting 14-06
February 12, 2014
AGENDA ITEM 6
AGENDA ITEM
Appointment of Kristin Johnson as Peace Officer
GENERAL MANAGER’S RECOMMENDATION
Adopt a Resolution appointing Kristin Johnson as a Peace Officer.
SUMMARY
Kristin Johnson has met all of the requirements for appointment as a District Peace Officer,
including completion of a California Peace Officer Standards and Training (POST) PC 832 class.
Adoption of the attached resolution is required to complete the process of appointing her as a
District Peace Officer.
DISCUSSION
At its meeting on January 14, 1976, the Board of Directors determined that District rangers were
to be appointed peace officers as classified by California Penal Code Section 830.31(b). The
code specifies that a person is a peace officer if he/she is designated by a local agency as a park
ranger and regularly employed and paid in that capacity, if the primary duty of the officer is the
protection of park and other property of the agency and the preservation of the peace therein
(R-76-02).
In January 2010 it was decided that it was appropriate to have a swearing-in ceremony, which
would include having the Operations Manager orally administer the written oath that all District
Rangers sign and have this act performed before the Board of Directors (R-10-03).
FISCAL IMPACT
There is no new fiscal impact associated with this action. All costs associated with this action
are already included in the FY2013-14 District budget.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
R-14-07 Page 2
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
NEXT STEPS
Once appointed, Ms. Johnson will continue with her current training schedule. After her training
is completed, which is anticipated to be in April 2014, she will assume the full spectrum of
ranger duties.
Attachment:
1. Resolution Appointing Kristin Johnson as a Peace Officer
Responsible Department Head:
Brian Malone, Acting Operations Manager
Prepared by:
Gordon Baillie, Management Analyst II
Contact person:
Brian Malone, Acting Operations Manager
RESOLUTION NO. 14-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING KRISTIN JOHNSON AS A
PEACE OFFICER
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve
as follows:
The following person is hereby designated as a peace officer of the Midpeninsula
Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of
the State of California, to enforce the Midpeninsula Regional Open Space District
Land Use Regulations and those city, county, and state regulations related to the
protection and safe use of District land, enforcement of which is specifically
authorized by the District:
Kristin Johnson
* * * * * * * * * * * * * * * * * * * * * *
R-14-28
Meeting 14-06
February 12, 2014
AGENDA ITEM 7
AGENDA ITEM
Purchase Approval of the Rogers’ Property as an Addition to Monte Bello Open Space Preserve,
located at 1405 Skyline Boulevard in Palo Alto and unincorporated San Mateo County (Santa
Clara County Assessor’s Parcel Number 351-12-006 and San Mateo Assessor’s Parcel Numbers
080-312-010 and 080-411-010); Adoption of a Preliminary Use and Management Plan for the
Property; and Approval of a Categorical Exemption in accordance with the California
Environmental Quality Act.
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Adopt a Resolution authorizing the purchase of the Rogers’ property.
3. Adopt a Preliminary Use and Management Plan for the property as contained in this report.
4. Adopt a Resolution authorizing the General Manager to file, upon close of escrow, a notice
of Williamson Act nonrenewal with the City of Palo Alto for Santa Clara County Assessor’s
Parcel Number 351-12-006.
5. Indicate your intention to dedicate the Rogers property as public open space at this time.
SUMMARY
The Midpeninsula Regional Open Space District (District) is proposing to purchase the 147.96-
acre Rogers’ property at a price of $3,600,000. As part of this transaction, the District is
proposing to file for nonrenewal of the Williamson Act contract with the City of Palo Alto. The
following report presents a description of the Rogers’ property, a Preliminary Use and
Management Plan, the District’s environmental review, the purchase terms and conditions, and
financial considerations.
DISCUSSION
The 147.96-acre Rogers’ property is adjacent to the 3,288-acre Monte Bello Open Space
Preserve to the north and east, and 1,095-acre Upper Stevens Creek County Park to the south.
This property is highly visible from the ridge along Monte Bello Road and the property is one of
R-14-28 Page 2
the largest remaining private in-holdings along the scenic corridor south of Page Mill Road. The
Skyline Ridge Open Space Preserve is located directly across Skyline Boulevard (State Highway
35). The Canyon Trail along Stevens Creek is located approximately 1/4 mile to the east and the
Grizzly Flat Trail in Upper Stevens Creek County Park is located approximately 1/4 mile to the
southeast. The purchase of the property will protect the Stevens Creek watershed, red-legged
frog habitat, and the scenic view shed, and will provide future trail connection opportunities
between Monte Bello Open Space Preserve and Upper Stevens Creek County Park.
Property Description and Regional Context (see attached map)
The majority of the 147.96-acre Rogers’ property is located in the City of Palo Alto in Santa
Clara County and is bounded by the Monte Bello Open Space Preserve to the north and east, the
Skyline Ridge Open Space Preserve to the west and Upper Stevens Creek County Park, and
several small residential private properties along Skyline Boulevard to the south. The District’s
Long Ridge Open Space Preserve is located approximately 1/8 of a mile to the south. The
property is a natural and desirable addition to the preserve because it protects the Stevens Creek
watershed resources, wildlife habitat, scenic ridge top views and provides potential future trail
connections. The property is irregularly shaped with two small parcels located in San Mateo
County along Skyline Boulevard.
The property contains diverse habitats and vegetation, which is characterized by steep forested
slopes, oak savannah, open grasslands, and densely wooded mixed evergreen forest, including
redwood, douglas fir and madrone. The main ridgeline rises to a height of 2,200 feet near
Skyline Boulevard. The property is traversed by three creeks that flow into Stevens Creek and
contains two seasonal ponds with good spawning habitat for red-legged frog.
The common fauna includes deer, bush rabbits, coyotes, mountain lion, bobcat, a variety of small
birds and small animals. Of the 26 special-status wildlife species known in the area, five either
have the potential to occur or may be positively impacted by the District’s preservation of the
property. These species include: California red-legged frog, Western Pond Turtle, Cooper’s
Hawk, Sharp-Shinned Hawk and San Francisco Dusky-footed Woodrat.
Improvements
The property is improved with four structures: a 1,200 square foot, two bedroom and one bath
house, a carport with storage container, a 2,500 square foot barn and 400 square foot pig barn.
The house is currently vacant and has not been occupied on a full-time basis since approximately
2009. The house and carport are in fair condition and the barns are in poor condition. The house
was historically served by a spring water system that has since been abandoned. There is no gas
service to the house and electrical service is provided by overhead utility lines. Access to the
structures is provided via a dirt and gravel road that is in good condition off of Skyline
Boulevard. The house will be evaluated for its suitability as an employee residence or general
District rental property. Based on preliminary estimates, the cost to bring the house up to
habitability is around $75,000, including $25,000 for drilling a well and plumbing to the existing
5,000 gallon water tank, $25,000 to re-roof the house, and $25,000 to test for asbestos and lead
based paint, improve drainage at the house and other small miscellaneous repairs.
R-14-28 Page 3
USE AND MANAGEMENT
Planning Considerations
The subject property is comprised of three parcels located within the City of Palo Alto and
unincorporated San Mateo County. The 147.71-acre parcel located in Palo Alto is zoned OS
(Open Space), requiring a 10-acre minimum lot size. The existing single family house meets
applicable zoning regulations and, based on preliminary discussions with the Planning
Department, the parcel would be difficult to subdivide. The 0.23-acre and 0.02-acre parcels are
located in unincorporated San Mateo County, are zoned RM (Resource Management) and cannot
be developed based on their size and slope. Access to the entire property is from Skyline
Boulevard.
The property is improved with a two-bedroom one-bath single family residence, carport, 2,500
square foot barn and 400 square foot pig barn.
Williamson Act
The Rogers’ property is subject to the Land Conservation Agreement (Agreement) between the
City of Palo Alto and Irene Fogarty and Sharon Fogarty under the California Land Conservation
Act of 1965 (also known as the Williamson Act) recorded in 1973. The Agreement provides for
the compatible uses of open space and recreation. Historically, agricultural uses on the property
included grazing of a small number of dairy cows, pigs and sheep. The property has not been
used for livestock grazing for over fifteen years.
The Williamson Act Land Conservation Agreement is a voluntary agreement between a
landowner and the City to encourage ongoing commercial agricultural use in exchange for
property tax reduction. As a government agency, the District is not subject to property taxation.
Consequently, the contract would impose an undue administrative burden upon the District
without affording any benefits. Staff notified the California Department of Conservation (CDC)
of the proposed purchase, as required. In the past, CDC staff has recommended the District
consider filing for contract nonrenewal when acquiring land subject to a Williamson Act Land
Conservation Agreement. If the purchase is approved, the General Manager recommends filing
for contract nonrenewal. Nonrenewal is the standard administrative procedure for terminating a
Williamson Act Land Conservation Agreement and the recommended Preliminary Use and
Management Plan Amendment for the Rogers property calls for the recommended nonrenewal.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan (PUMP) establishes a status quo land management
approach in the interim between the purchase and the completion of a subsequent long-term plan.
The PUMP would take effect at the close of escrow and remain effective until the plan is
amended or a Comprehensive Use and Management Plan or Master Plan is approved for Monte
Bello Open Space Preserve. The PUMP includes site security, new signage, resource
management actions, a historic assessment and bat survey of the two barns, removal of
miscellaneous debris, and restoration of property to a natural condition, as described more fully
below. Following this work, the property would 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.
R-14-28 Page 4
Public Access: Designate the property as closed to public use at this time.
Signs and Site
Security:
Install Preserve boundary and closed area signs where appropriate. Install
gates/fencing as necessary to prevent unauthorized vehicular entry.
Structures and
Improvements:
Repair the single family residence for occupancy as a District employee or
private residence and improve the existing water system with a well. Test for
any asbestos-containing material or lead-based paint and remediate as
necessary. Conduct historical and bat surveys for the two barns.
Resource
Management:
Conduct invasive plant and animal management activities consistent with the
District’s standard policies and procedures.
Wildfire Fuel
Management:
Implement standard District-wide fuel management and defensible space
practices. Further assess plant communities to determine wildfire
management needs and consult with the California Department of Forestry
and Fire Protection in developing site-specific fuel modification and
management program as part of the subsequent planning process.
Roads and
Trails:
Maintain existing driveways/roadways to the structures in a serviceable
condition. Assess the viability and connectivity of the unmaintained ranch
roads to adjacent trail networks on the adjoining County Park and District
lands. Implement minor erosion and sediment control measures as needed to
prevent erosions and water quality degradation.
Site Safety
Inspection:
Remove and properly dispose of any hazardous materials or hazardous
wastes found on the property.
Williamson
Act:
Terminate the Williamson Act contract through the standard nonrenewal
process. Comply with the existing Williamson Act contract during the
nonrenewal period.
Name:
Name the property as an addition to Monte Bello Open Space Preserve.
Dedication: Indicate your intention to dedicate the subject property as public open space
at this time.
CEQA COMPLIANCE
Project Description
The project consists of the purchase of the 147.96-acre Rogers’ property as an addition to the
District’s open space preserve system, concurrent adoption of a Preliminary Use and
Management Plan, nonrenewal of a Williamson Act contract, and minor maintenance and repair
of the existing residence and infrastructure for rental occupancy. Minor erosion control and
sediment control measures may be conducted at the developed sites and along existing driveways
and roads to prevent erosion and water quality degradation. Minor resource management
activities may be conducted to control invasive plants. The land would be permanently
preserved as open space and maintained in a natural condition.
R-14-28 Page 5
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15301, 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the repair, maintenance, or minor alteration of existing public or private
structures, facilities, or topographical features, involving negligible or no expansion of use
beyond that existing at the time of the lead agency’s determination, including the demolition of
individual small structures. The project proposes performing minor erosion control work along
existing roads, and performing minor restoration activities to return the 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.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open
space. This acquisition will transfer fee ownership of the property to the District and ensure that
the open space will be preserved. The Preliminary Use and Management Plan ensures that the
property is preserved as open space by incorporating it into the District’s Monte Bello Open
Space Preserve.
This purchase qualifies under these four sections. 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 147.96-acre Rogers’ property is $3,600,000 or $24,330 per acre. The
property would be purchased on an all cash and “As-Is” basis at the close of escrow. The
purchase price is based upon a fair market appraisal commissioned by the District and is
considered fair and reasonable. As part of this transaction, the District would hold $5,000 back
in escrow if all personal property is not removed from the structures prior to the closing date.
BUDGET CONSIDERATIONS
FY2013–2014 Budget for New Land Purchases:
New Land (Mid-Year Adjusted Amount) $8,500,000.00
Land purchased this year ($0.00)
Rogers’ Property ($3,600,000.00)
New Land Purchase Budget Remaining $ 4,900,000.00
R-14-28 Page 6
District Controller was consulted on this proposed purchase and has indicated that, considering
cash flow and account balances, funds are available for this property purchase.
Repair and maintenance costs to make the single family residence habitable are estimated at
$75,000 and are included in the proposed Real Property budget for FY2014-15.
BOARD COMMITTEE REVIEW
The District’s Real Property Committee held a meeting on the property with neighbors and
interested members of the public to familiarize themselves with the property and receive public
input on the proposed purchase. This meeting was held on January 21, 2014, after notice was
distributed to property owners of land located adjacent to or surrounding the property and the
Monte Bello Open Space Preserve interested parties list. Six members of the public attended the
meeting, including adjacent Skyline Boulevard neighbors and Mrs. Rogers. At the meeting, staff
described the property, how it would be managed as a natural extension of the adjacent Preserve,
the proposed preliminary use and management plan, and the purchase terms. The Real Property
Committee unanimously approved recommending this purchase to the full Board of Directors.
PUBLIC NOTICE
The property owners of land located adjacent to or surrounding the subject property and Santa
Clara County Parks have been notified of this Agenda Item. The agenda and this report have
also been made available on the District’s website. Accordingly, all notice required by the
Brown Act has been provided.
NEXT STEPS
Upon approval by the Board of Directors, staff would proceed with the close of escrow for the
purchase of the property; take the next steps identified in the Preliminary Use and Management
Plan as contained in this report, and file for nonrenewal of the Williamson Act contract with the
City of Palo Alto. Staff would administer the repairs and improvements to the single family
residence for renting as an employee or private residence. The District’s Skyline Field Office
would manage the property as an addition to Monte Bello Open Space Preserve.
Attachments:
1. Resolution – Authorizing Purchase
2. Resolution – Notice of Nonrenewal of Williamson Act Land Conservation Contract
3. Attachment A: Location Map
Responsible Department Manager:
Michael Williams, Real Property Manager
Prepared by:
Allen Ishibashi, Real Property Specialist
Graphics prepared by:
Jon Montgomery, GIS Intern
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 ROGERS)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
SECTION ONE. The Board of Directors of Midpeninsula Regional Open Space District does
hereby accept the offer contained in that certain Purchase and Sale Agreement between Sharon
Rogers 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 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 Rogers’ 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 $10,000.00 to cover the cost of title insurance, escrow fees, and other
miscellaneous costs related to this transaction.
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.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
RESOLUTION NO. 14-XX
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PURSUANT TO GOVERNMENT CODE SECTION 51245
APPROVING THE FILING OF A NOTICE OF NONRENEWAL
OF THE WILLIAMSON ACT LAND CONSERVATION AGREEMENT
BETWEEN CITY OF PALO ALTO AND IRENE V. FORGARTY AND
SHARON L. FOGARTY
WHEREAS, the Midpeninsula Regional Open Space District (“District”), upon close of escrow,
will own a parcel of land in the City of Palo Alto, County of Santa Clara, known as Santa Clara
County Assessor’s Parcel Number 351-12-006, which is subject to a Land Conservation
Agreement between the City of Palo Alto and Irene V. Fogarty and Sharon L. Fogarty under the
California Land Conservation Act of 1965 (also known as the Williamson Act); and
WHEREAS, the mission of the District includes preservation of open space lands in perpetuity
so that acquisition of such contracted lands accomplishes the purposes of the Williamson Act;
and
WHEREAS, the procedures established by the City of Palo Alto for administering such contracts
serve no useful purpose when land is owned by a park or open space agency preserving such
lands’ open space resources, yet such procedures can impose a procedural and financial burden
on the District’s ability to efficiently carry out its operations; and
WHEREAS, the benefits of reduced property tax in exchange for such land preservation is no
longer relevant once the District has acquired such lands, as the District is exempt from property
tax in most situations.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
1. Authorizes the General Manager of the District, pursuant to Government Code Section
51245, to file a notice of nonrenewal with the City of Palo Alto for Assessor’s Parcel
Number 351-12-006, (currently subject to the same Land Conservation Contract) and, upon
close of escrow, owned by the District.
2. Authorizes the General Manager as agent of the District to execute and submit all
documents and take such actions as may be necessary or convenient to accomplish the
purpose of this Resolution, or to comply with the requirements of the City of Palo Alto or the
State Williamson Act, in order to accomplish the nonrenewal of the contract described above.
* * * * * * * * * * *
APN: 080-411-0100.02 acres
APN: 080-312-0100.23 acres
APN: 351-12-006147.71 acres
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R-14-33
Meeting 14-06
February 12, 2014
AGENDA ITEM 8
AGENDA ITEM
Resolution of Public Interest in and Necessity for Providing Public Access, and Acquiring,
Restoring, and Preserving Open Space Throughout the District, with Financing Through the
Issuance of General Obligation Bonds
GENERAL MANAGER’S RECOMMENDATION
Approve the Resolution of Public Necessity as proposed in Exhibit A.
SUMMARY
The proposed resolution is the required first step in pursuing voter approval for the issuance of
general obligation bonds secured by real property taxes. The resolution requires a two-thirds
vote (five aye votes) of the Board of Directors for adoption.
DISCUSSION
The Board has expressed its interest in pursuing voter approval for the issuance of $300 million
in General Obligation Bonds. The District’s enabling legislation authorizes districts to issue
general obligation bonds to finance open space improvements and acquisition. (Public
Resources Code section 5568) This authorizing legislation requires compliance with
Government Code section 43600 et seq., which lays out the requirements for funding municipal
improvements through bonded indebtedness. (Ibid.)
Under these statutes, the first official step that must be taken to initiate the proceedings for
incurring bonded indebtedness is the adoption of “a resolution by a two-thirds vote of all (Board
members) determining that the public interest or necessity demands the acquisition, construction,
or completion of any municipal improvement.” (Gov. Code section 43607.) The
“improvements” are the capital improvement components of the Vision Plan Tier One Priority
Actions approved by the Board on January 29, 2014 (R-14-25). This proposed list of
improvements is incorporated into the proposed funding measure as the “Expenditure Plan.”
District staff, with the assistance of outside bond counsel, has prepared a proposed resolution for
the Board to initiate the process of issuing bonds to fund these improvements. It is attached as
“Exhibit A.” The resolution is short, providing the required context, purpose, and findings
necessary to move forward with the proposed funding measure.
Following this item on tonight’s agenda, there is a related recommendation to introduce (first
reading) an ordinance that would put the proposed funding measure before the voters.
Combined, these two steps – the adoption of the resolution and the introduction of the ordinance
R-14-33 Page 2
– are necessary predicates to putting the question forward for voter approval. They are not the
final steps and do not bind the Board to any final decision to pursue the funding measure. The
final step is the adoption of the ordinance, which would be before the Board at its February 26,
2014 meeting. The Board could choose to approve the steps proposed tonight and, at the
February 26, 2014 meeting, could still decide against putting the matter to the voters.
BOARD COMMITTEE REVIEW
The Timeline for putting a funding measure on the ballot was discussed with the Capital Finance
Program Ad Hoc Committee on January 6th, 15th, 17th, and 29th in 2014.
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 pursue
the proposed funding measure, which is crafted to generate $300 million in bond proceeds for a
wide range of capital improvements.
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
If the Board adopts this resolution and performs the first reading of the related ordinance also on
the agenda tonight, staff will bring the ordinance back to the Board for final approval at its
February 26, 2014 regular meeting.
Attachment:
Exhibit A: Resolution of Public Interest in and Necessity for Providing Public Access, and
Acquiring, Restoring, and Preserving Open Space Throughout the District, with Financing
Through the Issuance of General Obligation Bonds
Responsible Department Head:
Steve Abbors
Prepared by:
Sheryl Schaffner
Exhibit A
RESOLUTION NO. 2014-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DETERMINING
THAT THE PUBLIC INTEREST AND NECESSITY DEMAND
PROVIDING PUBLIC ACCESS, AND ACQUIRING, RESTORING, AND
PRESERVING OPEN SPACE THROUGHOUT THE DISTRICT WITH
FINANCING THROUGH THE ISSUANCE 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, the Midpeninsula Regional Open Space District (the "District") intends to
issue general obligation bonds under and pursuant to the Act to provide public access and
acquire, restore and preserve open space throughout the District with financing through the
issuance of general obligation bonds; and
WHEREAS, in order to initiate proceedings under the Act to provide for the financing of
the Expenditure Plan (defined below), this Board must make certain findings and determinations.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Midpeninsula Regional Open Space District that:
1. The public interest and necessity demands, and it is the intention of this Board to
provide public access and acquire, restore and preserve open space throughout the District with
financing through the issuance of general obligation bonds as detailed in the accompanying
ordinance (the "Expenditure Plan"), subject to completion of the proceedings required by the
Act.
2. The estimated cost of the Expenditure Plan is not to exceed $300,000,000. Said
estimated costs include provision for legal and other fees, and other costs and expenses
incidental to or connected with the issuance and sale of general obligation bonds to finance the
costs of the Expenditure Plan.
3. This Board hereby finds and determines that the costs of the Expenditure Plan
require expenditure by the District greater than the amount allowed for it by the annual tax levy
of the District. The principal amount of general obligation bonds of the District to be issued for
the Expenditure Plan will not exceed the estimated cost set forth above for the Expenditure Plan.
The improvements described in the Expenditure Plan constitute a single purpose under section
43609 of the California Government Code.
2
4. This Resolution is adopted, and general obligation bonds of the District, if
approved by two-thirds of all qualified voters voting on the issuance of such bonds, are to be
issued, pursuant to section 5568 of the Public Resources Code of the State of California and the
Act.
5. This Resolution shall take effect upon its adoption by two-thirds of all members
of the Board of Directors of the Midpeninsula Regional Open Space 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-14-34
Meeting 14-06
February 12, 2014
AGENDA ITEM 9
AGENDA ITEM
First Reading of an Ordinance Calling an Election and Ordering the Submission of a Proposition
for Incurring Bonded Indebtedness of 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
GENERAL MANAGER’S RECOMMENDATION
Waive reading, read by title only, and introduce an Ordinance Calling an Election and Ordering
the Submission of a Proposition for Incurring Bonded Indebtedness of 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.
SUMMARY
The proposed ordinance would call an election in the District and request election consolidation
services from Santa Clara, San Mateo, and Santa Cruz Counties.
The proposed ordinance would put before the voters the following question:
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?
The proposed ordinance includes an “Expenditure Plan” detailing how the bond revenues would
be used, provides for the creation of an Independent Citizen Oversight Committee, and includes
other related elements as described further below.
R-14-34 Page 2
DISCUSSION
The Board received a draft of the attached proposed ordinance at its special meeting on
February 5, 2014 (R-14-30). As noted at that time, an ordinance is the legal mechanism for the
Board of Directors to place a bond measure on the June 3, 2014 ballot. The draft ordinance is
now being brought to the Board for first reading. Final adoption of the ordinance will be
considered by the Board at the February 26, 2014 regular public meeting.
The ordinance contains the structure and framework of the proposed measure which, when
paired with the District’s proposed Expenditure Plan (Exhibit A to the ordinance), constitutes the
formal commitment to voters and the public regarding the District’s intentions with respect to
funding and implementing Vision Plan Tier One Priority Actions. The Expenditure Plan is
comprised of the capital improvement components of all of the “Tier One” priority actions
approved by the Board at its meeting on January 29, 2014 (R-14-25). This is because general
obligation bonds may only be used to fund capital improvements. The components of those
priority actions which are not capital improvements will be funded by other means, such as non-
restricted tax increments and grant funding as available.
Contents of the Ordinance
The proposed ordinance defines and directs the following:
a) The date of the election.
b) The 75 word ballot question to be placed before the voters.
c) The purpose of incurring the indebtedness.
d) The intention of the Board to issue bonds in a metered fashion, calculated to ensure that
the resulting property tax rate is not anticipated to exceed $3.18/$100,000 of assessed
valuation.
e) The use of the proceeds:
1. Expenditure Plan
i. Includes descriptions of 25 priority actions (District Vision Plan Tier One
Priority Actions as approved at the January 29, 2014 Special Meeting of
the Board of Directors, R-14-25).
ii. Describes each priority action with an associated estimated total cost for
completion (2014 dollars).
iii. Lists estimated cost (2014 dollars) for completion of all priority actions
totaling $300,000,000.
iv. Includes a map of the District with locations of the 25 priority actions.
2. The requirement to prepare an annual accountability report pursuant to sections
53410 and 53411 of the California Government Code to ensure that bond
proceeds are used for the specific purposes authorized in the ordinance and
applied as described in the Expenditure Plan.
3. Appointment of an Independent Citizen Oversight Committee to review annual
expenditures of bond proceeds. It will be comprised of seven (7) at-large
members, all of whom will be District residents.
4. Provides a process for the Board to propose amendments to the Expenditure Plan
which would require a two-thirds majority vote. Amendments would be
developed in consultation with the Citizen Oversight Committee for instances
where unexpected revenues and/or unforeseen circumstances impact the
Expenditure Plan.
5. Payment of legal and other fees and costs of issuance from bond proceeds.
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f) The maximum amount of bonds that may be issued under this authority totaling
$300,000,000.
g) The maximum rate of interest that may be paid on the bonds (12%).
h) The District’s commitment to comply with other requirements of state law.
i) The various instructions to the Counties regarding the form of the ballot and conduct of
the election as required by law.
j) The requirement for a 2/3 vote of the Board of Directors to place the matter before voters.
k) The Tax Rate Statement.
Once this ordinance has been introduced (first reading) at the February 12, 2014 regular Board
meeting, it may not be significantly altered except at a regular meeting held at least five (5) days
after alteration. As a practical matter, this means that once the Board has approved the first
reading of the ordinance, there may not be any further significant changes because there is only
one more regular meeting of the Board on February 26th for the second reading of the ordinance
prior to the deadline set by the County Elections Officials. To be effective, this ordinance must
be submitted to the Counties no later than March 7, 2014.
General Obligation Bonds, Tax Rate Statement, and Expenditure Plan
The funding mechanism staff recommends through this ordinance is a voter approved, tax
secured, general obligation bond. These are often referred to as “G.O. Bonds” or “capital
improvement bonds.” The law governing our use of this option is rooted in the District’s
enabling legislation. (Public Resources Code section 5568.) This funding mechanism allows the
District to issue debt secured by property tax revenues. It has several advantages over other
options in that general obligation bonds can be scaled to particular project goals and issued as
projects become ready for funding. This is the lowest cost method available for capital
financing. It is also particularly well-suited to an orderly, efficient implementation of the
District’s Expenditure Plan.
The proceeds from G.O. Bonds can only be spent on “capital improvements.” In other words,
they can only be used to finance “the acquisition and improvement of real property.” (California
Constitution, Article XIIIA, 1(b).) In the context of the District’s mission, this means that bond
proceeds can be used for improvements to real property, such as those necessary to increase
public access to District lands, other land improvements such as environmental restoration, and
acquisition of real property.
The total amount requested for authorization by the voters is $300 million, yielding a tax rate not
to exceed $3.18 per $100,000 of assessed value. The $300 million is the estimated total cost for
the implementation of the capital improvement aspects of the District’s Tier One Priority
Actions, included in the proposed ordinance as the Expenditure Plan. The $3.18 per $100,000 of
assessed value is the maximum amount estimated by the District Controller and outside bond
counsel to be necessary to impose on District property tax payers over the life of the bond
authorization. The actual tax rate is expected to be lower initially, with the amount rising over
time (but not exceeding the $3.18), as priority actions are lined up for funding and implemented,
and falling as bonds are paid off.
Independent Citizen Oversight Committee
The proposed ordinance provides for the creation of an Independent Citizen’s Oversight
Committee. It is proposed to consist of seven at-large members, all of whom shall be District
R-14-34 Page 4
residents. The Oversight Committee’s purpose would be to review and verify expenditures of
bond proceeds, including the review of the District’s annual audit and accountability report
related to these expenditures, and to report and present the Committee’s findings to the Board.
Amendments to the Expenditure Plan, should any be required, would be developed in
consultation with the Citizen Oversight Committee.
The formation of an Independent Citizen Oversight Committee is not required by law in this
setting. It is being recommended as a policy matter. The Board, therefore, has discretion
regarding both if and how it might choose to structure this aspect of the ordinance. The proposed
structure, as recommended by the General Manager, is intended to be large and substantial
enough to generate meaningful public feedback, and small and focused enough to be efficient
and productive.
Election Requirements and Ballot Language
To place this on the ballot, the Board must call an election in the District and request election
consolidation services from Santa Clara, San Mateo, and Santa Cruz Counties. The proposed
ordinance must be delivered to the Board of Supervisors in the counties of Santa Clara, San
Mateo, and Santa Cruz no later than 88 days prior to the election date in order to be placed on the
ballot.
The ordinance calls for an election to be held in conjunction with the General Election, June 3,
2014. In addition to calling the election, a series of actions are included in the ordinance as
follows:
1. Approval of the ballot question that will be presented to District voters;
2. The process for submission of the ballot argument for the measure;
3. Authorizing the County Counsels of Santa Clara, San Mateo, and Santa Cruz
Counties to prepare the impartial analysis; and
4. Requesting the services of the Registrars of Voters of Santa Clara, San Mateo,
and Santa Cruz Counties to conduct the election.
The State Elections Code requires the ballot measure to be printed in the ballot pamphlet in the
form of a "yes" or "no" question. The ballot question may not exceed 75 words. The proposed
ballot question is as follows:
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?
The proposed ballot measure requires approval by a 2/3 majority of the voters.
The State Elections Code provides for the filing of ballot measure arguments. If submitted, one
argument "For" and one argument "Against" the measure, of no more than 300 words each, will
be printed with the sample ballot. The ordinance also provides for rebuttal arguments. Ballot
arguments may be filed with the Registrar of Voters by the Board of Directors, by any member
R-14-34 Page 5
or members authorized by the Board of Directors, or any combination of voters or associations.
The arguments can be authored by a maximum of five eligible voters. If more than one
argument for or against any measure is submitted, the Registrar of Voters is required to select
one of the arguments for printing. Preference is given to arguments submitted in the following
order:
1. Argument submitted by the Board of Directors or members of the Board of
Directors authorized by the Board;
2. The individual voter or bona fide association of citizens who are the bona fide
sponsors or proponents of the measure;
3. Bona fide associations of citizens;
4. Individual voters.
The Registrar of Voters will set a date for the submittal of ballot arguments based on the time
reasonably necessary to prepare and print the arguments and sample ballots and to permit the
required public examination period. The District Clerk, through the General Manager, will
ensure that the Board is informed of these deadlines, as they are set.
The State Elections Code provides that the County Counsel may be directed to prepare an
impartial analysis of the measure, which is not to exceed 500 words. A request for the
preparation of the required analysis is included in the ordinance.
FISCAL IMPACT
The Santa Clara County Registrar of Voters has estimated it will charge the District
approximately $618,000 to submit this proposition to the voters at the June 3, 2014 election. The
San Mateo County Registrar of Voters has estimated it will charge the District approximately
$320,000 to submit this proposition to the voters at the June 3, 2014 election. The Santa Cruz
County Registrar of Voters has estimated it will charge the District approximately $125 to
submit this proposition to the voters at the June 3, 2014 election.
If the measure is approved by a two-thirds vote of qualified voters, the District would then be
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 (Tier One Priority
Actions of the Vision Plan).
BOARD COMMITTEE
The Capital Finance Program Ad Hoc met on January 6th, 15th, 17th, and 29th in 2014, and has
reviewed and provided feedback to staff on the actions described in this report.
PUBLIC NOTICE
Public notice was provided in accordance with the Brown Act.
Upon adoption this ordinance shall be published once a day for at least seven days in a
newspaper printed, published and circulated at least six days a week in the District, or once a
week for two weeks in a newspaper printed, published and circulated less than six days a week in
the District. The first of said publications shall, in either event, be within thirty days after the
adoption of this ordinance.
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CEQA COMPLIANCE
This proposed adoption of this Ordinance creating a government funding mechanism does not
constitute a project under the California Environmental Quality Act (CEQA) (14 Cal. Code.
Regs., section 15378(b)(4)). The final design of and alternatives considered for any particular
project shall be subject to CEQA as required by law, and all environmental review required by
CEQA shall be completed before any specific project is commenced.
NEXT STEPS
Upon adoption of the ordinance, the District Clerk will submit the adopted ordinance and other
required documents to the Registrar of Voters in Santa Clara, San Mateo, and Santa Cruz
Counties to receive consolidated election services for the June 3, 2014 General Municipal
Election.
Should the Board of Directors not approve the first reading of this Ordinance at this meeting, it
would not be timely to place this matter on the June 3, 2014 ballot, and the measure would need
to be deferred to a future election.
Attachment
Draft Ordinance Calling an Election and Ordering the Submission of a Proposition for
Incurring Bonded Indebtedness of 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
Responsible Department Head:
Steve Abbors, General Manager
Prepared by:
Sheryl Schaffner, General Counsel
Jennifer Woodworth, District Clerk
ORDINANCE NO. 2014-___
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
WHEREAS, on February 12, 2014, the Board of Directors of the Midpeninsula Regional Open Space
District (the “District”) adopted, by at least a two-thirds vote of all the members of said Board of Directors, a
Resolution entitled "Determination that the Public Interest and Necessity Demand Providing Public Access,
and Acquiring, Restoring and Preserving Open Space Throughout the District, with Financing Through the
Issuance of General Obligation Bonds" (the "Resolution"); and
WHEREAS, in order to provide for the issuance by the District of its general obligation bonds to finance
the costs of providing public access and acquiring, restoring and preserving open space throughout the
District, it is necessary for this Board of Directors to pass an ordinance ordering the submission of the
proposition of incurring bonded indebtedness for such purpose to the qualified voters of the District at an
election; and
WHEREAS, a General Election for the District is to be held on Tuesday, June 3, 2014; and
WHEREAS, the Board of Directors desires to submit to the voters at said election the proposition of
incurring bonded indebtedness as hereinafter set forth; and
WHEREAS, the Board of Directors desires to consolidate the District election with the General Election
to be held in the District on June 3, 2014.
Now therefore, the Board of Directors of the Midpeninsula Regional Open Space District does ordain as
follows:
SECTION 1. That a district election is hereby called and ordered to be held in the District on June 3,
2014, at which election there shall be submitted to the qualified voters the proposition set forth below:
SECTION 2. That said proposition shall appear on the ballot for said district election in the following
form:
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 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?
NO
The Board does hereby submit to the qualified voters of the District, at said district election, this
Ordinance and the proposition set forth above.
SECTION 3. The indebtedness to be incurred by the District shall be for the object and purpose set
forth in the Resolution, namely, to provide public access and acquire, restore and preserve open space
throughout the District and to implement a set of priority actions as described in Exhibit A. The object and
purpose of the priority actions shall be to improve access to hiking and biking opportunities, protect and
preserve redwood forests, natural open spaces, the scenic beauty of the region and coastline, critical wildlife
habitat, restore creeks to protect water quality, and reduce forest fire risk. Priority actions will be distributed
throughout the District.
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All of the foregoing described objects and purposes are referred to herein as the “Expenditure Plan”
(Exhibit A) for purposes of this Ordinance.
The indebtedness incurred under this Ordinance shall include the cost of legal and other fees incidental
to or connected with the authorization, issuance and sale of the general obligation bonds.
SECTION 4. The District projects that property tax rates will not exceed an additional $3.18 per year
per $100,000 of assessed valuation, as described more completely in the Tax Rate Statement that is attached
hereto as Exhibit “B.” The repayment projections are based on reasonable growth assumptions, taking into
account Article XIIIA of the California Constitution. The foregoing provision shall not be construed to limit the
power and duty of the Board of Directors to cause to be levied and collected a tax sufficient to fulfill its
obligations to pay debt service on bonds in any fiscal year.
SECTION 5. The estimated cost of providing public access and acquiring, restoring and preserving
open space throughout the District as outlined in the Expenditure Plan is not to exceed Three Hundred Million
Dollars ($300,000,000). The estimated cost includes the bond issuance fees.
SECTION 6. The principal amount of the general obligation bonds to be issued for the Expenditure Plan
is Three Hundred Million Dollars ($300,000,000).
SECTION 7. The rate of interest to be paid on the bonds to be issued for the Expenditure Plan shall not
exceed the State of California (the ‘State’) maximum allowed rate of twelve percent (12%) per annum (unless
the maximum interest rate for general obligation bonds of the District shall hereafter be increased by the
Legislature of the State, in which event said maximum fixed by said Legislature shall apply).
SECTION 8. Under sections 53410 and 53411 of the California Government Code, the bonds shall be
for the specific purposes authorized in this Ordinance and the proceeds of such bonds will be applied only to
the Expenditure Plan. The District will comply with the requirements of section 53410 of the California
Government Code.
An annual report will be prepared by the District consistent with the accountability measures as
required in California Government Code section 53411. An Independent Citizen Oversight Committee will be
formed to verify annual expenditures of bond proceeds. The Citizen Oversight Committee will consist of
seven at-large members, all of whom shall be District residents.
SECTION 9. The Board of Directors finds that adoption of this Ordinance creating a government
funding mechanism or other government fiscal activity does not constitute a project under the California
Environmental Quality Act (CEQA) (14 Cal. Code. Regs., section 15378(b)(4)). The final design of and
alternatives considered for any particular project shall be subject to CEQA as required by law, and all
environmental review required by CEQA shall be completed before any specific project is commenced.
SECTION 10. The District proposes to issue and sell General Obligation Bonds of the District pursuant
to section 5568 of the California Public Resources Code, Article 9, commencing with section 43600 of Chapter
4 of Division 4 of Title 4 of the California Government Code and/or Article 4.5, commencing with section 53506,
of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, in one or more series, in the
maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on
the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the District,
payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of
California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the
District.
SECTION 11. The polls for said election shall be open the day of said election in accordance with the
California Elections Code.
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SECTION 12. The election hereby called for the date hereinbefore specified shall be and is hereby,
ordered consolidated with the Statewide General Election to be held within the District on said date, and within
the territory affected by the consolidation, the election shall be held and conducted, election officials appointed,
voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned, returns
canvassed, results declared, and all other proceedings incidental to and connected with the election shall be
regulated and done in accordance with the provisions of law regulating the Statewide general election and
specified herein. The Board of Supervisors of the County of San Mateo, the Board of Supervisors of the
County of Santa Clara and the Board of Supervisors of the County of Santa Cruz are hereby requested to
order the consolidation of the election hereby called with said Statewide general election, and the Board of
Supervisors of the County of San Mateo, the Board of Supervisors of the County of Santa Clara and the Board
of Supervisors of the County of Santa Cruz are hereby authorized to canvass the returns of said election, and
said election shall be held in all respects as if there were only one election and only one form of ballot shall be
used in each of the affected counties. Each of said Board of Supervisors shall certify the results of the canvass
of the returns of said district election in each of the respective counties to the Board of Directors of this District,
which shall thereafter declare the results thereof. The proposition submitted by this Ordinance shall be
designated on each ballot by a letter printed on the left margin of the square containing the description of the
proposition, as provided in the California Elections Code.
SECTION 13. All persons qualified to vote at general district elections in the District upon the date of
the election herein provided for shall be qualified to vote upon the proposition submitted at said election.
SECTION 14. Ballots for the election shall be in form and in the number as required by law. On said
ballots, in addition to any other printed matter which may be required by law, two (2) voting squares shall be
set off to the right of the proposition submitted at the election, in the manner provided by law, one having the
word “YES” printed before it, and the other having the word “NO” printed before it.
SECTION 15. Each voter to vote for the proposition and for the incurring of said indebtedness shall
stamp or write a cross, or indicate by hold punch or other means, in the blank space opposite the word "YES"
on the ballot to the right of the proposition; and each voter to vote against the proposition and against the
incurring of said indebtedness shall stamp or write a cross, or indicate by hold punch or other means, in the
blank space opposite the word "NO" on the ballot to the right of the proposition.
SECTION 16. The District hereby requests and directs that San Mateo, Santa Clara and Santa Cruz
Counties print the full text of this Ordinance, inclusive of attachments in each County’s respective Voter
Information Pamphlet. The Clerk of the Board of the District is hereby authorized and directed to take such
actions and fill out such forms as is necessary to accomplish this direction for publication of the full text of the
proposition in the Voter Information Pamphlets.
SECTION 17. The District hereby requests and directs that San Mateo, Santa Clara and Santa Cruz
Counties allow arguments for and against this measure to be filed pursuant to Elections Code section 9282 et
seq. The Board adopts the provisions of Elections Code section 9285 to allow rebuttal arguments for the ballot
measure.
SECTION 18. The District will reimburse separately San Mateo, Santa Clara and Santa Cruz Counties
for the actual costs incurred by each of the county’s elections officials in conducting the election upon receipt of
a bill stating the amount due as determined by the elections officials pursuant to State law.
SECTION 19. This Ordinance shall be published once a day for at least seven days in a newspaper
printed, published and circulated at least six (6) days a week in the District, or once a week for two weeks in a
newspaper printed, published and circulated less than six (6) days a week in the District. The first of said
publications shall, in either event, be within thirty (30) days after the adoption of this ordinance. The Clerk of
the Board of the District is hereby authorized and directed to make said publications and to transmit, for receipt
no later than March 7, 2014, a certified copy of this Ordinance to the appropriate officials of San Mateo County,
Santa Clara County and Santa Cruz County responsible for preparing the ballots for said election.
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SECTION 20. This Ordinance shall become effective immediately as an ordinance relating to an
election pursuant to Government Code section 36937(a) upon its adoption by two-thirds vote of all the
members of this Board of Directors.
Introduced at a regular meeting of the Board of Directors held on _______and adopted as an ordinance of
the Midpeninsula Regional Open Space District at a regular meeting of the Board of Directors on _____, 2014,
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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EXHIBIT A
Expenditure Plan
TITLE: To improve access to hiking and biking opportunities, protect and preserve redwood forests, natural
open spaces, the scenic beauty of the region and coastline, critical wildlife habitat, restore creeks to protect
water quality, and reduce forest fire risk.
1. SUMMARY
Founded by voters in 1972, the Midpeninsula Regional Open Space District (“District”) has protected, in
perpetuity, 62,000 acres of open space containing 26 preserves and more than 220 miles of trails that serve
Santa Clara, San Mateo, and a portion of Santa Cruz counties. The District’s preserves provide a scenic
backdrop to the region offering residents places for hiking, biking, horseback riding, or simply connecting with
nature, close to home. Throughout its 41-year history the District has used taxpayer dollars wisely, leveraging
funds to bring in state, federal, and private grant money, and providing annual audits in a transparent public
process. The District is governed by a publicly elected board of directors.
Over the years, the number of acres and miles of trails the District owns and maintains have steadily
increased, as have the number of visitors and the cost of land. Expanding public access, restoring sensitive
environments and purchasing land are costly, yet are high priorities for the public.
To reinforce and expand these types of services and resources, the Board of Directors is placing this
funding measure on the June 3, 2014 ballot.
$300 million in General Obligation Bonds will be sold. The bond repayment would be financed by an
annual property tax override based on a tax rate not to exceed $3.18 per $100,000 of assessed value of
property owned per year.
This Expenditure Plan outlines priority actions identified by the public and proposed by the District to be
funded with bond proceeds. Part B describes each priority action and describes what goals it will achieve. Part
C of the Expenditure Plan describes the establishment of an independent Citizen Oversight Committee.
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2. PRIORITY ACTIONS
The priority actions listed below are the result of a process that combined scientific analysis with broad
public engagement to create a shared vision for the future of the District and the region’s open space. Each
priority action may address one or more of the following as more specifically described in the table Priority
Actions, By Region attached to this Expenditure Plan:
• Improved hiking, biking, and equestrian opportunities
• Protection and preservation of redwoods, natural open spaces, the scenic beauty of the region
and coastline, critical habitats
• Restoration of creeks to protect water quality
• Reduction of forest fire risk
Priority actions are distributed throughout the District as depicted on the map attached to this
Expenditure Plan.
If approved, the bond proceeds would be allocated to fund the capital improvements necessary to
implement the priority actions listed below. Note: the number associated with each priority action does not
denote its priority level, but is only used for identification purposes to correlate with the locations depicted on
the map.
The estimates associated with each priority action are in 2014 dollars. These are estimates only, and
the actual costs may change in implementation.
The District may annually review and propose amendments to the Expenditure Plan to provide for the
use of additional federal, state and local funds, to account for unexpected revenues, or to take into
consideration unforeseen circumstances. The District shall act on no more than one package of amendments
each fiscal year. The District shall establish a process for proposed Expenditure Plan amendment(s) which
ensures that the Citizen Oversight Committee is included in the development. Upon completion of this
process, amendments(s) to the Expenditure Plan must be passed by a two-thirds majority of the District Board
in a publicly noticed meeting.
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PRIORITY ACTIONS, BY REGION
South Bay Foothills
(Los Gatos, Monte Sereno, Saratoga, and Santa Cruz Mountains)
18 South Bay Foothills: Saratoga-to-Sea Trail and Wildlife Corridor
Protect wildlife corridor along Highway 9. Connect trail to Saratoga-to-Sea Trail and Skyline-to-Sea Trail.
$1,365,000
19 El Sereno: Dog Trails and Connections
Provide infrastructure to open trails to dogs. Develop connections to Skyline, Sanborn County Park, & Lexington
Reservoir. $2,254,000
20 South Bay Foothills: Wildlife Passage and Ridge Trail Improvements
Establish safe corridors for mountain lions across Highway 17. Establish Bay Area Ridge Trail crossing.
$13,966,000
21 Bear Creek Redwoods: Public Recreation and Interpretive Projects
Open for hiking, equestrian activities. Provide parking areas, trails; upgrade stables. Restore & protect habitats
for various species. Repair roads & trails to reduce sediment. Rehabilitate Alma College site. $17,478,000
22 Sierra Azul: Cathedral Oaks Public Access and Conservation Projects
Develop multi-use trail & plan future trails as land is available. Develop parking. Restore plant communities and
soils. Install trailside amenities. Preserve additional open space and complete wildlife corridor in upper Los Gatos
Creek watershed. $6,714,000
23 Sierra Azul: Mt. Umunhum Public Access and Interpretation Projects
Open Mt. Umunhum for multi-use public access to summit via road and trail. Open Bay Area Ridge Trail and
nearby trail connections. Preserve additional open space and complete wildlife corridor. $27,972,000
24 Sierra Azul: Rancho de Guadalupe Family Recreation
Open Rancho de Guadalupe to public access. Develop accessible multi-use trails with amenities such as parking
and family recreation. Restore habitat for rare species. Protect cultural and natural resources. $10,078,000
25 Sierra Azul: Loma Prieta Area Public Access, Regional Trails and Habitat Projects
Provide public access and recreation, including small campground. Develop, improve, connect regional multi-use
trails to Forest of Nisene Marks State Park, to protected land to east, and to Mt. Umunhum. Protect Steelhead
habitat, rare plants and grasslands, restore Knobcone Pine stands. $7,986,000
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Peninsula Foothills and Bay
(Cupertino, Los Altos, Los Altos Hills, Sunnyvale, Mountain View, Palo Alto, East Palo Alto,
Menlo Park, Atherton, Redwood City, San Carlos, Woodside, Portola Valley, Skyline
2 Regional: Bayfront Habitat Protection and Public Access Partnerships
Partner to complete gaps in Bay Trail and develop city-to-bay trails. Support wetland restoration and associated
interpretive facilities. Preserve additional bayfront open space. $5,052,000
4 El Corte de Madera Creek: Bike Trail and Water Quality Projects
Develop single-use biking/hiking trails, complete Ridge Trail gaps, and develop trail system leading to parking
area. Restore damaged trails to improve water quality. Preserve additional open space as available.
$8,376,000
5 La Honda Creek: Upper Area Recreation, Habitat Restoration and Conservation Grazing
Projects
Open upper half of the preserve to public; provide biking/hiking/equestrian trails, dog access, and staging areas.
Provide loop & connector trails. Restore habitat for rare species. Improve fencing, corrals, and water systems to
reintroduce conservation grazing. $11,733,000
6 Windy Hill: Trail Improvements, Preservation and Hawthorns Area Historic Partnership
Improve trails, complete pond facilities. Increase multi-use trails, study possible improvements to increase dog
use. Open Hawthorns Area; develop trails connecting to Portola Valley and Palo Alto trails. Partner to protect,
restore, and interpret historic buildings. Improve habitat conditions in Los Trancos Creek. Preserve additional
scenic open space as available. $12,740,000
8 La Honda Creek/Russian Ridge: Preservation of Upper San Gregorio Watershed & Ridge Trail
Completion
Preserve upper San Gregorio watershed; restore endangered species habitats. Support opportunities to provide
additional water for fisheries. Complete Bay Area Ridge Trail multi-use connections and gaps. Provide additional
public use facilities. $15,347,000
9 Russian Ridge: Public Recreation, Grazing and Wildlife Protection Projects
Open currently closed areas of preserve. Construct and extend trails. Improve fencing, corrals, and water
systems to reintroduce conservation grazing. Improve habitat for sensitive species, implement pond
enhancement projects for garter snakes and red-legged frogs. $5,560,000
10 Coal Creek: Reopen Alpine Road for Trail Use
Reopen Alpine Road as trail connection between Portola Valley & Skyline Blvd. Reroute trails to reduce erosion
and improve visitor experience. $8,017,000
11 Rancho San Antonio: Interpretive Improvements, Refurbishing, and Transit Solutions
Add welcome center, refurbish and add interpretive exhibits to Deer Hollow Farm. Support of transit improvement
options such as bike trails, bikeshare station, bus service, or additional parking. $10,811,000
12 Peninsula/South Bay Cities: Partner to Complete Middle Stevens Creek Trail
Support work by cities to develop the middle section of the Stevens Creek Trail and enhance neighborhood
connections. Support work by partners to complete stream corridor restoration and steelhead habitat
enhancement below dam. Develop and install interpretive signage. $1,038,000
16 Long Ridge: Trail, Conservation and Habitat Restoration Projects (Saratoga)
Improve roadside parking and provide restrooms. Develop new trail connections to Eagle Rock and Devils
Canyon. Repair trails for year-round multi-use access. Protect watersheds for steelhead. Preserve additional
open space as available. Implement pond and habitat enhancement restoration projects to benefit rare species.
$5,140,000
17 Regional: Complete Upper Stevens Creek Trail
Complete multi-use connection between the Bay Trail & Bay Area Ridge Trail above the reservoir through
Picchetti Ranch Open Space Preserve & Lower/Upper Stevens Creek County Parks. Improve Preserve trails and
neighborhood connections. Preserve additional open space as available. $7,760,000
-9-
Coast
(Half Moon Bay, San Gregorio, Pescadero, La Honda,)
1 Miramontes Ridge: Gateway to the Coast Public Access, Stream Restoration and Agriculture
Enhancement
Preserve scenic open space land as available, and establish wildlife corridor. Restore fish and red-legged frog
habitats in Madonna Creek watershed. Partner to enhance water availability for agriculture and fish. Develop
trail loop system, including Ridge Trail and neighborhood access points. Develop staging area, repair bridges.
$27,774,000
3 Purisima Creek Redwoods: Purisima-to-Sea Trail, Watershed Protection and Conservation
Grazing
Complete and open multi-use Purisima-to-Sea trail connection between Ridge Trail and Coastal Trail, and new
parking areas. Preserve additional open space as available. Remove fish barriers and restore Lobitos Creek.
Restore ponds for endangered species. $7,608,000
7 La Honda Creek: Driscoll Ranch Public Access, Endangered Wildlife Protection and
Conservation Grazing
Open Driscoll Ranch Area; provide biking/hiking/equestrian trails, limited dog access, parking areas, and
interpretive displays. Develop loop & connector trails. Restore habitat for endangered species. Restore La
Honda Creek; remove fish migration barriers. $14,825,000
13 Cloverdale Ranch: Wildlife Protection, Grazing and Trail Connections
Improve fencing, corrals, and water systems to increase conservation grazing and sustain large contiguous
grasslands. Restore habitat for endangered species. Provide trail connections to nearby State parks.
$15,712,000
14 Regional: Trail Connections and Campgrounds
Develop trails between Butano, Pescadero County Park, Pescadero, Russian Ridge, and between Skyline and
Portola Redwoods, Big Basin State Park. Partner with County and State Parks to improve existing campgrounds.
$3,966,000
15 Regional: Redwood Protection and Salmon Fishery Conservation
Preserve additional open space as available. Protect and enhance redwood stands, mountain scenery, various
habitats and steelhead salmon. $50,728,000
-10-
-11-
3. INDEPENDENT CITIZEN OVERSIGHT COMMITTEE
An Independent Citizen Oversight Committee will be formed to verify expenditures of bond proceeds.
The Independent Citizen Oversight Committee will consist of seven at-large members, all of whom shall be
District residents. The Citizen Oversight Committee will be selected by the Board and interviewed and
approved in open session, and will be subject to the conflict of interest constraints of the California Political
Reform Act.
The responsibilities of the Committee include:
• Review Plan expenditures on an annual basis to verify conformity with the Expenditure Plan.
• Review District’s Annual Audit and Annual Accountability report and present the Committee’s findings
to the Board at a public meeting.
• Review any proposed amendments to the Expenditure Plan.
-12-
EXHIBIT B
TAX RATE STATEMENT
An election will be held in the Midpeninsula Regional Open Space District (the "District") on June 3,
2014, to authorize the sale of up to $300 million in bonds of the District to provide public access and acquire,
restore, and preserve open space throughout the District as described in the ballot measure. If the bonds are
approved, the District expects to sell the bonds in several series over time. Principal and interest on the bonds
will be payable from the proceeds of tax levies made upon the taxable property in the District. The information
contained in numbered paragraphs 1 - 3 below is provided in compliance with sections 9400-9404 of the
Elections Code of the State of California.
1. The best estimate of the tax which would be required to be levied to fund this bond issue during the
first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at
the time of filing of this statement, is $1.00 per $100,000 of assessed valuation in fiscal year 2015-16.
2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during
the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available
at the time of filing of this statement, is $2.90 per $100,000 of assessed valuation in fiscal year 2044-45.
3. The best estimate of the highest tax rate which would be required to be levied to fund this bond
issue, based on estimated assessed valuations available at the time of filing of this statement, is $3.18 per
$100,000 of assessed valuation in fiscal year 2034-35.
Voters should note that the estimated tax rates are based on the estimated ASSESSED VALUE of
taxable property on the respective County's official tax rolls, not on a property's market value. Property owners
should consult their own property tax bills to determine their property's assessed value and any applicable tax
exemptions.
Attention of all voters is directed to the fact that the foregoing information is based upon the District's
projections and estimates only, which are not binding upon the District. The actual tax rates and the years in
which they will apply may vary from those presently estimated, due to variations from these estimates in the
timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual
assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold
at any given time will be determined by the District based on its needs for funds and other factors. The actual
interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual
future assessed valuation will depend upon the amount and value of taxable property within the District as
determined by the respective County Assessor in the annual property value assessment process.
Dated: _______, 2014.
_________________________
General Manager
Midpeninsula Regional Open Space District
DATE: February 4, 2014
MEMO TO: MROSD Board of Directors
FROM: Matt Baldzikowski, Planner III
SUBJECT: Update on Air Quality Monitoring at Rancho San Antonio Open Space Preserve (Preserve)
_____________________________________________________________________________________
Attached is a brief air monitoring report prepared by the air monitoring consultant hired by the District
(Winegar Air Sciences). This is the third quarter update of the study. Staff prepared FYI updates for the
Board on February 13, 2013 and June 26, 2013. Staff and the consultant presented the mid-year
monitoring report to the Board on July 24, 2013 (see Report R-13-69). The third quarter report included is
intended as a brief update. As the report notes, substantial monitoring is ongoing, and a significant
amount of lab analysis and synthesis of data is also in process.
The air monitoring has been progressing well, without major interruption, as evident from the graphics
presented in the update. This quarter included the establishment of an urban background site at the
District Administrative Office, in addition to the two ongoing monitoring locations running in Rancho
San Antonio. The AO site sampling has now been completed (6 week sampling duration). Additional
background sites will be established and monitored during the final quarter of the study to better
understand the air masses, flow, and constituents in the vicinity.
Next Steps
The air monitoring study will continue through February 2014, as planned. The final monitoring report is
anticipated to be completed by late spring- early summer of 2014. A formal presentation of the
completed monitoring study is expected to be given to the Board during the summer of 2014.
1
Rancho
San
Antonio/Open
Space
District
Air
Monitoring
Program
Update:
November
2013—Third
Quarter
2013
Submitted
by
Eric
Winegar,
PhD
November
15,
2013
Summary:
Monitoring
and
sampling
continues
at
the
two
main
sites-‐-‐RSA
Annex
trailer
and
PGE
Trail.
Data
collection
at
the
third
category
of
sites-‐-‐background—was
conducted
at
the
OSD
offices,
starting
in
mid-‐September.
This
will
continue
pending
selection
of
another
background
location.
The
table
below
shows
the
results
of
the
monitoring
and
sampling
data
collection
and
analysis.
(Note:
All
data
is
draft
and
may
be
modified
after
further
review
and
analysis).
The
notes
below
the
table
explain
either
the
range
of
results
or
the
pending
status.
In
particular,
data
from
the
DRUM
samples
are
pending—a
large
amount
of
data
is
in
data
processing
currently.
A
preliminary
review
of
the
available
data
shows
that
the
concentration
levels
continue
to
reflect
a
low-‐impact
environment,
with
minimum
effect
from
the
nearby
industrial
and
urban
areas.
This
is
largely
due
to
the
prevailing
meteorology,
which
originates
from
the
west,
over
the
coastal
mountain
ranges.
Sporadic
short-‐term
impacts
are
noted,
none
of
which
affect
the
long-‐term
averages.
Correlation
of
these
impacts
will
require
additional
analysis,
particularly
with
regards
to
meteorology
and
possible
nearby
sources.
No
seasonal
effect
is
seen—a
rough
comparison
of
the
dry
summer
season
to
previous
winter
and
spring-‐time
periods
did
not
show
any
significant
differences
as
far
as
general
particulate
levels
are
concerned
(PM10
and
PM2.5).
However,
the
DRUM
data
may
provide
some
other
insight
into
that
question,
with
its
elemental
analysis.
This
analysis
will
be
included
in
the
final
report.
A
comparison
of
the
RSA-‐-‐Annex
and
PGE
Trail-‐-‐data
with
the
OSD
Office
urban
background
data
shows
the
obvious
differences
in
the
sites,
but
also
is
useful
in
understanding
the
magnitude
of
urban
effects.
In
particular,
with
just
some
data
used
for
comparison
(black
carbon,
reflective
of
vehicular
activity),
the
OSD
data
shows
a
factor
of
two
to
three
times
higher
concentration
than
the
RSA
sites.
The
PM10
data
shows
less
of
an
impact,
but
is
nearly
two
times
higher
at
the
OSD
site.
Other
background
locations
that
are
less
directly
affected
by
urban
activity
(e.g.,
in
residential
areas)
will
likely
show
some
higher
impact
than
as
at
RSA,
but
not
as
high
as
the
OSD
site.
This
new
background
location
will
be
set
up
in
coming
weeks.
2
Parameter
Annex
PGE
OSD
Office
(bkg)
Standard*
PM10
Avg
(mg/m3)
0.018
0.025-‐0.018
(1)
0.026-‐0.039
(2)
0.020**
PM2.5
Avg
(mg/m3)
0.010
-‐-‐
-‐-‐
0.010
Black
Carbon
Avg
(ng/m3)
215
290-‐328
(3)
602
NA
Sulfur
Dioxide
(ppbv)
4.1
(4)
-‐-‐
-‐-‐
75
Toxics
(5)
VOCs
(low/pending)
VOCs
(low/pending)
VOCs
(low/pending)
NA
Hg
(pending)
Hg
(pending)
Hg
(pending)
NA
CRVI
(ND-‐low)
CRVI
(ND-‐low)
CRVI
(ND-‐low)
NA
DRUM
Pending
(6)
Pending
(7)
Pending
(8)
Wipes
-‐-‐
Pending
(9)
-‐-‐
Passives
Pending
(10)
Pending
(10)
Pending
(10)
Met
Pending
(11)
Pending
(11)
Pending
(11)
*California
Standards.
**
Typical
Bay
Area
levels
are
on
the
order
of
0.025-‐0.030
mg/m3.
Notes:
1.
PM10—Range
of
data-‐-‐additional
analysis
and
data
validation
required.
2.
PM10—Range
of
data-‐-‐additional
analysis
and
data
validation
required.
3.
Black
Carbon—additional
comparison
and
validation
between
old
and
new
(microAeth)
instruments
is
required,
including
negative
concentrations
(as
in
chart
below)
4.
Ambient
air
quality
standard
=
75
ppbv
5.
Toxics—All
targeted
VOC
toxics
(full
scan
conducted)
results
were
low,
reflective
of
‘clean’
ambient
conditions.
Hexavalent
chromium
results
were
non-‐detect,
with
one
exception
at
a
very
low
level.
Mercury
samples
submitted
in
batch
for
multiple
round
analysis,
results
pending.
Standards
are
risk-‐based,
so
dependent
on
multiple
factors—no
State
or
Federal
Ambient
Air
Quality
Standards
exist.
6.
DRUM
(PM10/PM2.5)
samples
from
May-‐July,
and
from
Oct-‐Nov
are
pending
(analyzed
and
being
data-‐processed).
7.
DRUM
(PM10/PM2.5)
samples
from
May-‐July
pending
(analyzed
and
being
data-‐
processed).
Sampling
in
progress
currently
for
another
set.
8.
DRUM
(8-‐channel)
samples
from
Oct-‐Nov
pending
(analyzed
and
being
data-‐
processed).
9.
Wipe
samples
from
PGE
have
been
analyzed
and
are
being
data-‐processed.
10.
Passive
samples
from
all
three
sites
have
been
collected
and
submitted
for
analysis.
11.
Meteorological
data
(at
PGE,
Annex,
and
OSD)
collected
but
not
yet
analyzed.
3
Preliminary
Data
Plots
of
Selected
Target
Parameters
Annex
PM10
Hourly
Values
(mg/m3)
Annex
PM2.5
Hourly
Values
(mg/m3)
0
0.02
0.04
0.06
0.08
0.1
0.12
0.14
0.16
0.18
5/
7
/
0
9
0
:
0
0
5/
2
7
/
0
9
0
:
0
0
6/
1
6
/
0
9
0
:
0
0
7/
6
/
0
9
0
:
0
0
7/
2
6
/
0
9
0
:
0
0
8/
1
5
/
0
9
0
:
0
0
9/
4
/
0
9
0
:
0
0
9/
2
4
/
0
9
0
:
0
0
10
/
1
4
/
0
9
0
:
0
0
11
/
3
/
0
9
0
:
0
0
0
0.01
0.02
0.03
0.04
0.05
0.06
0.07
0.08
0.09
0.1
5/
1
8
/
0
9
0
:
0
0
6/
7
/
0
9
0
:
0
0
6/
2
7
/
0
9
0
:
0
0
7/
1
7
/
0
9
0
:
0
0
8/
6
/
0
9
0
:
0
0
8/
2
6
/
0
9
0
:
0
0
9/
1
5
/
0
9
0
:
0
0
10
/
5
/
0
9
0
:
0
0
10
/
2
5
/
0
9
0
:
0
0
4
PGE
Black
Carbon
(ng/m3)
Annex
Sulfur
Dioxide
(ppbv)
DATE: January 21, 2014
MEMO TO: MROSD Board of Directors
FROM: Kirk Lenington, Natural Resources Manager
SUBJECT: Work Estimates for the Integrated Pest Management Program
_____________________________________________________________________________
Per request by the Board of Directors at the July 23, 2013 study session on the Integrated Pest
Management Policy, staff is providing an estimate of the amount of herbicide use on District preserves
and at other regional park agencies.
Work completed in the calendar year of 2010 was used as the most typical recent year with reliable
information for the annual use of herbicides by the Midpeninsula Regional Open Space District and that
of two other park agencies in the region. Detailed information about pesticide use is not readily available
from other agencies and caution should be taken with making comparisons. In particular, a gallon of one
type of herbicide is not equivalent to a gallon of a different type of herbicide because different herbicides
require different dilution ratios and therefore can be used across smaller or larger acreages.
Table 1.
Herbicide Use by Several Park Agencies
Total
Managed
Acres
Active
Ingredient*
Target Pest Annual
Gallons of
Concentrate
Midpeninsula
Regional Open
Space District
60,000 Aminopyralid Broadleaf weeds 3.0
Glyphosate Many types of weeds 106.0
East Bay Regional
Park District
108,000 Aminopyralid/
Triclopyr
Broadleaf and woody
weeds
2.5
Dicamba Broadleaf weeds 10.0
Glyphosate Many types of weeds 96.0
Oryzalin Pre-emergent 39.0
Triclopyr Woody plants 20.0
Marin County
Parks
20,000 Clove leaf oil Many types of weeds 1.8
Glyphosate Many types of weeds 4.8
Imazapyr Many types of weeds 0.1
Sources: MROSD staff records, database and maps; East Bay Regional Park District, 2010 Annual
Analysis of Pesticide Use, September 14, 2011, products used on golf courses and non-native cordgrass in
San Francisco Bay excluded; Marin County Parks IPM Program, 2010 Allowed Pesticide.
*Glyphosate comes in different product formulations with a range of concentrations from 41 to 54%
active ingredient; these were all summed into one category for general information but are not exactly
comparable.
DATE: February 12, 2014
MEMO TO: MROSD Board of Directors
FROM: Brian Malone, Acting Operations Manager
SUBJECT: Windy Hill Open Space Preserve Signage Improvements
_____________________________________________________________________________________
Peninsula Open Space Trust (POST) has offered to fund signage improvements at Windy Hill
Preserve. This offer came at a good time because the District is in the process of upgrading its
old signboards with new signboards and most of the signboards at Windy Hill Preserve were
badly weathered and in need of replacement.
POST has also offered to fund replacement of damaged trail signs, an interpretive panel for
Sausal Pond, and equestrian trailer parking signs at Windy Hill Preserve. We are also discussing
with POST whether they are interested in funding the replacement of the Tom Ford, Mel Land
and Ward Paine bench which has been vandalized beyond repair. To date, POST has purchased
four signboard structures for a total of $11,962.50. Three of those signboards have been installed
at the Windy Hill Preserve picnic area.
POST has requested that the District install an updated POST sign at the Windy Hill Preserve
picnic area on Skyline Boulevard that honors their donors. POST will be responsible for the
design and production of the sign. Their intention is to keep much of the existing content and
just update the look of the sign. In addition to replacing the existing sign, POST also requested
that they purchase two additional signboards and have two more new POST signs fabricated and
install them along with the standard District signboards at the Alpine/Willowbrook entrance and
at the Portola Road parking lot. POST would provide mock ups of the new sign for District
review prior to the District installing them.
POST Budget for Windy Hill Signage Improvements
Each signboard costs approx. $4,000 ($3,000 for the structure and $1000 for a redwood frame)
One set of 3 signboards at Windy Hill Picnic Area $12,000
One set of 3 signboards at Portola parking lot $12,000
One set of 3 signboards at Willowbrook/Alpine entrance $12,000
Internal trail signs $500
Re-design of new POST trailhead sign $ 1,500
Fabrication of 3 new POST trailhead signs (est. $1500 each) $4,500
Design and fabrication of new Sausal Pond sign $2,000
Potential horse trailer parking sign or signs for PV Town Center $500
Total $45,000
Three new signboards purchased by POST and installed at the Windy Hill Preserve picnic area
Close up of outdated POST sign that POST would like to update and replace
Map of Windy Hill Sign Locations