The URL can be used to link to this page

Home My Public Portal About19770914 - Agendas Packet - Board of Directors (BOD) - 77-22 Meeting 77-22 r s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Regular Meeting Board of Directors A G E N D A September 14 , 1977 7 :30 P.M. Midpeninsula Regional Open Space District 745 Distel Drive Los Altos, CA (7 :30) ROLL CALL APPROVAL OF MINUTES - August 10, 1977 August 17 and 18, 1977 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS SPECIAL ORDERS OF THE DAY - Presentation on Use of Picchetti Ranch by City of Cupertino - Merle Butler, Director of Parks and Recreation OLD BUSINESS WITH ACTION REQUESTED .(7 :50) 1. Fremont Older Open Space Preserve Ranchhouse Lease Agreement - K. Duffy and D. Wendin i (8 :20) 2. Hassler Health Home Property - J. Olson (a) Report (b) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds - Hassler Acquisition Project (8 :50) 3. Monte Bello Open Space Preserve Addition (Eldridge) - J. Olson (8 :55) 4 . Joint Meeting with San Mateo County Parks and Recreation Commission - J. Olson NEW BUSINESS WITH ACTION REQUESTED (9: 00) 5. Adoption of Revised Budget for Fiscal Year 1977-1978 - J. Melton (a) Report (b) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1977-1978. (over) Meeting 77-22 Page two I (9: 05) 6. Revised Annual Claims List - J. Melton (9:10) 7. Electronic Data Processing Service - J. Melton (9 :15) 8 . Scheduling of Board/Staff Meeting - J. Olson (9: 20) INFORMATIONAL REPORTS CLAIMS (9:30) EXECUTIVE SESSION - Land Negotiations ADJOURNMENT I WRITTEN COMMUNIC TION (Meetin -22) 555 Veterans Boulevard, *122 Redwood City, California 94063 CONGRESS OF ELECTED OFFICIALS OF SAN MATEO COUNTY August 19, 1977 Mid-Peninsula Open Space District 745 Distel Drive Los Altos, California Honorable President and Board Members: In early July, CEO staff forwarded a letter to your District advising you of the Executive Committee's action in adopting its first two projects (Self-Insurance/Risk Management and Annual Buy List for Cooperative Purchasing) , asking the following two things of you: - Adoption of a resolution directing your staff to work with the Congress Task Forces, providing the information necessary to complete their projects. - Adoption of the CEO resolution agreeing to support the communications portion of the Congress Budget. In the ensuing weeks, the project task forces have formed and are gaining momentum in pursuit of their projects and as such are increasingly in need of your support. On behalf of the Congress, I would like to urge early and positive action on your part to assure continued progress in each of these very promising project areas. . Please do not hesitate to contact the Congress staff for any clarification you might require. Best regards, James V. Fitz ld JVF:jw 555 Veterans Boulevard, #122 Redwood City, California 94063 CONGRESS OF ELECTED OFFICIALS OF SAN MATEO COUNTY June 27, 1977 Midpeninsula Regional Open Space District 745 Distal Drive Los Altos, CA 94022 Dear President and Board Members: On June 16 the Executive Committee of the CEO took action to initiate our first two projects aimed at cooperative planning to control costs and reduce duplication. They are: Self-Insurance & Risk Management; County Office of Education as Lead Agency -- Dr. J. Russell Kent, Task Force Chairman Annual Buy List for cooperative purchasing; County of San Mateo as Lead Agency -- General Services Director Henry Tarratt, Task Force Chairman Task Forces are now being appointed from across the spectrum of local governments. As members of the Executive Committee we are asking two things of you: Adoption of a resolution directing your staff to work with the Congress Task Forces, as they are appointed, to provide the information necessary to complete their tasks. In the Self-Insurance area this requires your costs, experience and coverage data for the last three years with best information for the future. In the Annual Buy List project, we'll need a listing of your purchases, both for operating supplies and capital equipment. Agencies with special interest in these savings that will accrue should also designate the responsible person from your staff to contact. Adoption of the attached resolution agreeing to support the Communications portion of the Congress Budget. The Executive Committee unanimously adopted the referral resolution asking you to consider this allocation. It will permit solid communication and will also show'local government commitment to the project for the private foundations and corporations who are desirous of helping us. A schedule of contributions by agency is attached. (Minimum contribution $2 5. 00) We look forward to your response. For the Congress of Elected Officials: ES V. FITZG3i LD EDWARD OREY �EDWARD �OREY e0MES V. J E" HN ROBINSON bee Enclosures Resolution of the urging all local governing boards to consider appropriating $. 50 per employee to the Communications portion of the Congress of Elected Officials budget for two years. Whereas, the Congress of Elected Officials has been established to promote efficiency in government through the voluntary cooperation of all elected officials, administrators and their staffs; and stabilize the cost of government while maintaining and improving service by the implementation of cooperative economy programs; Whereas, in the development of funds to carry out the project major donors from the foundation and corporate communities have urged the participating local governing boards to financially commit to the project as an indication of their support for its goals and objectives; and Whereas, the County government has been carrying the CEO cost of communicating with elected and appointed officials to date; and, Whereas, the budget for communications (supplies, graphics, printing, copying, mailing, etc. ) is $10, 000 annually, for two years, Whereas, the contributing local governments will have the record of accomplishment and cost savings from the first year's experience against which to weigh the request for second year continuation funding. Now, therefore, be it resolved that the resolves to contribute $. 50 per employee to the communications budget of the Congress, in anticipation of resultant economies for this two year pilot project. CONGRESS OF ELECTED OFFICIAL:, Public Agency Per Capita (Employee) Communications Charge CONTRIBUTIONS SPECIAL DISTRICTS EMPLOYEES ($.50/employee $25.00 min.) Broadmoor Police 7 25.00 Colma Fire None 25.00 Menlo Park Fire 203 51.50 Point Montara Fire 3 25.00 Half Moon Bay Fire 20 25.00 Woodside Fire 34 25.00 . Bayshore Sanitary stone 25.00 E. Palo Alto Sanitary 2 25.00 Granada Sanitary 4 25.00 Menlo Park Sanitary 20 25.00 Montara Sanitary 3 25.00 Peninsula Hospital 925 462.50 Sequoia Hospital 870 435.00 Belmont Water 13 25.00 Canada Water None 25.00 Coastside Water 7 25.00 Los Trancos Water 1 25.00 North Coast Water 24 25.00 Skyline Water 1 25.00 Westborough Water 4 25.00 Highlands Rec 2 25.00 Ladera Rec 1 25.00 Ravenswood Rec 7 25.00 SMC Resource Conservation 1 25.00 Guadalupe Valley Muni Improvement None 25.00 SMC Harbor 10 25.00 Dimond PUD 2 25.00 Mosquito Abatement 13 25.00 N SMC Sanitation 31 25.00 S. County Garbage 10 25.00 Burlingame Rec None 25.00 Mid-Penin. Reg. Park 11 25.00 Bay Area Pollution Control 213 106.50 SMC Transit 290 145.00 T-1925.50 County 4586 2293.00 T-2293.00 CITIES Atherton 37 25.00 00 Belmont 128 64• Brisbane 38 25.00 Burlingame 244 122.00 Colma 9 25.00 I 1 t I CITIES (cunt. ) Daly City 399 199.50 Foster City 138 69.00 Half Moon Bay 24 25.00 Hillsborough 73 36.50 Menlo Park 136 68.00 Millbrae 98' 49.00 Pacifica 145 72.50 Portola Valley 3 25.00 Redwood City 435 217.50 San Bruno 196 98.00 San Carlos 130 65.00 San Mateo 559 279.50 So. San Francisco 347 173.50 Woodside 5 25.00 T-1 664.00 SCHOOL DISTRICTS Bayshore 33 25.00 Belmont 206 103.00 Brisbane 58 29.00 Burlingame 223 211.50 Woodside 28 25.00 Hillsborough City 97 48.50 Jefferson 678 335.b0 Laguna Salada Union 464 232.00 Las Lomitas 118 59.00 Menlo Park City 122 61.00 Millbrae 268 134.00 Portola Valley 60 30.00 Ravenswood City 407 203.50 Redwood City 554 277.00 P 251 125.50 San Bruno ark San Carlos 188 94.00 San Mateo City 814 407.00 Jefferson Union High 555 277.50 San Mateo Uion High 1077 538.50 Sequoia Union High 982 491.00 So. San Francisco Unified 894 447.00 Cabrillo Unified 244 122.00 LaHonda-Pescadero Unified 45 25.00 San Mateo Comm. College 1047 523.50 County School Service 560 280.00 T-5004.50 GT-10887.00 i _. WRI^1TEN COMMUNICATION (Meeting 77-22�_i Economic & Social Opportunities InL"' 1460 Koli Circle RIB once San Jose, Ca. 95112 ICHARARD J. RIOS (408) 99"024 August 11, 1977 Economic and Social Opportunities, Inc. , the Community Action Agency for Santa Clara County, invites you to assist us in selecting a replacement for a vacancy on the ESO Board of Directors. Due to a recent resignation from the ESO Board, we are gee} ir.L individuals who may wish to fill a vacancy in the public sector of the Board. At present, there are representatives of the Santa Clara County Board of Supervisors, the San Jose City Council, and the Inter-City Council. The vacant seat is allocated to special districts, including school districts. The Board of Directors, a twelve member group, is the policy making body of Economic and Social Opportunities, Inc. The Agency provides direct services to low-income persons and attempts to motivate the entire community in finding ways to end poverty. The ESO Board represents a cross section of racial and ethnic minorities, the elderly, local business people, private education, local cities and county governments, as well as low-income people from the County. (Please see the back of this letter for further information) . Individuals nominated for the available Board seat should be knowledgeable of the community and the problems of the poor. They should have a strong interest in relieving the needs of low-income people, and they must be at least sixteen years old. Please note: "No individual that is a member of, or a representative of an organization or group receiving funds or requesting funds within the last two-year period of time from the ESO, Inc. shall be eligible to be a member of this Corporation." (ESO Bylaws, Article III, Section 2D) Interested persons are requested to send a letter to ESO, Inc. Board Chairperson, Russell J. Hammer, 1460 Koll Circle, San Jose, California 95112 on or before September 9, 1977, expressing their desire to sit on this Board of Directors. . Letters should include information about past or present involvement with low- income people in the County. Additional information in regard to the open nominating appointment plan will be provided by calling ESO at 998-3020 Ext. 456. All persons nominated for this Board seat will be contacted by mail to set up a time for an interview by the Nominations Committee of the Board of Directors. We thank you for your cooperation in this effort, and welcome your responses. re , ichard J. Rios RJR:iv MAJOR FUNCTIONS OF 111E ESO BOARD OF D I RH'CTORS 1. Approves the goals and long-tenii objectives of the Corporation. 2. Approves the Articles of Incorporation and by-laws which guide the Corporation. 3. Approves the policies and procedures of ESO relating to: --Personnel and organization --Accounting and fiscal matters --Planning, monitoring and evaluation --Community Relations and involvement --Program operations 4. Ensures that approves policies and procedures are properly administered. S. Approves all elements of grant applications including definitions of needs and priorities, selection of strategies, projects and programs and establishment of specific objectives and funding levels. 6. Approves all amendments to ESO or program plans and budgets. 7. Monitors ESO performance and ensures that programs are properly being carried out and are accomplishing their identified objectives. 8. Ensures complete ESO conformance with all governing rules , regulations , policies. 9. Hires and fires the Executive Director. M-77-169 (Meeting 77-22 law AFF, Agenda item No. 1) 4V 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 8, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Fremont Older Open Space Preserve Ranchhouse Lease Agreement Attached is the revised lease agreement for the Fremont Older home. The revisions made in the lease reflect changes resulting from the August 10 , 1977 Board meeting where this item was con- tinued for further consideration when all Board members could be present. The revisions which appear in the lease appear also in the minutes of the August 10 meeting. HG:pl R-77-42 (Meeting 77-22 ' Agenda item No. 2) *kle MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 7, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Hassler Health Home Property Background: The attached letter from Mr. Allen indicates the action that the San Carlos City Council recently took with re- spect to the Hassler Health Home property. In an effort to preserve the 280 acre Hassler Health Home prop- erty as permanent open space, the residents of San Carlos passed a ballot measure which allowed for a local tax of up to 7<-' per $100 of assessed valuation to finance $1. 1 million in bonds toward the $2. 1 million estimated price for the property. Imple- mentation of the taxing perogative was dependent upon securing supplemental funding of the additional $1 million. San Carlos was turned down by San Mateo County for this funding. The following is a summary of events concerning the District' s involvement regarding the Hassler Health Home property: 1. The MROSD Board of Directors held a Special Meeting, October 31, 1976 for the purpose of touring the Hassler Health Home property. 2. January 26, 1977 , Mayor David Nolan and Councilman William Steele from the City of San Carlos gave a presentation to the MROSD Board of Directors and urged them to acquire the property. This request followed tremendous concern expressed by San Carlos residents about a proposed State correctional facility. The Board moved that staff be directed to report back to them at the earliest possible convenience. 3 . The MROSD Board of Directors held a Special Meeting, February 24 , 1977 at Heather School in San Carlos for the purpose of holding a Public Hearing on the Site Evaluation of the Hassler Health Home Property. H. Grench presented his report (R-77-10) which contained the following recommendations for Board adop- tion: a. the District will lend its support to the acquisition of the property and to the search for use of the buildings as San Carlos projects; b. the District will finance its Page two contribution through a means not requiring cash; c. assum- ing financing is available, the District will contribute the lesser of $1. 05 million, or 50% of the fair market value as determined by an appraisal approved by the District; d. San Carlos will convey a conservation and open space easement on the undeveloped portion of the property to the District; e. All net income from the sale or lease of the portion of the site with the hospital facilities and all income from any grant which helps finance acquisition will accrue equally to the District and San Carlos , and any other grant toward the project arranged solely by one of the agencies will accrue only to that agency; f. the District will consider managing the open space portion of the site as public open space in accordance with a District site use and management plan, pro- vided that a compatible use is found by San Carlos , for the hospital buildings and that San Carlos will provide police and fire protection; g. San Carlos shall be responsible for the maintenance and security of the buildings , and any new construction would be subject to District approval; h. the District would not bear the cost of site operation and development of picnic or other facilities. He further recommended that the President of the Board send a letter to the San Carlos City Council outlining the Board' s posi- tion. If the Board did approve the recommendations , then staff would work with the San Carlos staff to prepare nec- essary documents for Board and City Council consideration to implement the policy. The Board adopted these recommendations and directed staff to proceed with arranging for financing and work with the San Car- los staff on the implementation of the policy statements. 4. H. Grench, H. Turner and D. Wendin met with San Carlos Sub- committee consisting of William Steele, Gayton DeRosa and Bob Allen on several occasions to discuss the District' s pol- icy statements and the financial procedures involved. 5. District staff has given assistance to the San Carlos Planning Department for preparation of an application for federal Land and Water Conservation Funds, Discussion: This item has been placed on the Board' s September 14 agenda for discussion. Since the deadline for filing a Land and Water Conservation Fund grant application is September 15 , and since the District could file in place of San Carlos, a resolution approving the filing of an application is on the agenda also. The Board had previously decided that San Carlos should be the lead agency in grant applications and that the District, as part of the partnership arrangement with San Carlos , share the benefits of a federal grant. Page three Since San Carlos has decided not to participate, at least at this time , the Board could take a fresh look at that part of the District, in terms of acquisition priority policies and decide where the $1. 05 million could best be spent. Recommendation: Assuming the Board wishes to continue along the lines ofpresent policy, the grant application could be filed with the expressed intent that funding is being requested on the basis that San Carlos would be expected to contribute 50% of the local share. HG:pl t RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS - HASSLER ACQUISITION PROJECT WHEREAS 9 the Congress under Public Law 88 578 has aut horized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications; and WHEREAS, Part V of. said application contains assurances that the applicant must comply with; and WHEREAS, the proposed Hassler ,Acquisition Project is consistent with the California Outdoor Recreation Resources Plan; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency understands the assurances In Part V of the application and certifies that it will comply with the regulations, policies, guidelines, and requirements, including A-95 FMC 74-4 and FMC 74-7, and as they relate to the application. 3. Certifies that said agency has matching funds from the following source (s) , namely, property tax revenue, and can finance 100 percent of the project, half of which will be reimbursed, and 4. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints the General Manager as agent of the District to conduct all negotiations , execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary for the completion of the aforementioned project. I CITY OF SAN CAR_ RECE1'V,r-!) A,UG 31977 P�</FOR ` Telephone (415) 593-8011 August 29, 1977 i k Mr. Herbert trench General Manager Midpeninsula Regional Open Space District 745 Distel Drive Los Altos, CA 94022 Dear Herb: The San Carlos City Council at their meeting of August 24th again considered the issue of acquisition of Hassler Health Home for open space. On a four to one vote, the City Council elected to discontinue any further efforts for acquisition and instructed me to so advise. You are aware that the City has been preparing an application for land and water conservation grant funds. We will not proceed with the application; however, if there is any interest in following up on the application by the District, we would be happy to forward to you the paper work. If you need further information, please feel free to call. Very truly yours, harles R. Allen City Administrator CRA/j tp cc Mayor & City Council M-77-172 (Meeting 77-22 A. Agenda item No.3) N MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 7, 1977 TO: Board of Directors FROM: Herbert Grench SUBJECT: Monte Bello Open Space Preserve Addition (Eldridge Property) . Subsequent to the August 17, meeting when the Board of Directors moved to acquire the 150 acre Eldridge property and any interest Mr. Eldridge may have in the 610 acre Burns property, the parties have been discussing possible changes in language in the purchase agreements. This item is being placed on the September 14 agenda in the event Board action needs to be requested. HG:rh RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENTS TO PUR- CHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE (S) OF ACCEPTANCE OF GRANT (S) TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (S) (MONTE BELLO OPEN SPACE PRESERVE ADDITION - ELDRIDGE PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space Dis- trict does hereby resolve as follows ; Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between D. F. Eldridge and the Midpeninsula Regional Open Space District dated , 1977 , a copy of which is affixed hereto and marked Exhibit 1 (Agreement No. 1) and does hereby accept the offer con-- tained in that certain Agreement to Purchase Real Property between D. F. Eldridge and the Midpeninsula Regional Open Space District dated , 1977 , a copy of which is affixed hereto and marked Exhibit 2 (Agreement No. 2) , and authorizes the President or other appropriate officer to execute said agreements on behalf of the District wizen the signature of the Seller has been obtained on Agreement No. 2. Section Two. The President of the Board or other appropriate offi- cer is authorized to execute a certificate of acceptance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the Seller. The Gen- eral Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction (s) . AGREEMENT TO PURCHASE REAL PROPERTY AGREEMENT TO PURCHASE REAL PROPERTY BETWEEN D. F. ELDRIDGE, hereinafter called "Seller", and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "Buyer" or "District" . 1. PURCHASE. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller 's real property located in the City of Palo Alto, County of Santa Clara, State of California, described as Parcel 4 in the property description referred to in preliminary title report no. 168634-A, dated March 1, 1977 from Valley. Title Company, designated Exhibit A and attached hereto and made a part hereof by reference, ' as outlined in red on exhibit map attached to preliminary title report no. 168634-A. 2. PURCHASE PRICE; PAYMENT. The total purchase price shall be $562,500, payable at the close of escrow. 3. TITLE AND POSSESSION. Title and possession to the subject property shall be conveyed to District at close of escrow by grant deed free and clear of all liens, easements, assessments, restrictions, rights and conditions of record other than current taxes, public utility easements, the pending legal action referred to in paragraph 4 hereof, exception number 8 shown in preliminary title report no. 168634-A and any other encumbrances acceptable to District as evidenced by a standard policy of title insurance to be paid for by District. 4. RESERVATION OF RIGHTS. Seller excepts and reserves, and the grant deed shall so provide, all rights in and to the subject property with respect to that certain legal action involving Seller, as plaintiff, and the City of Palo Alto, as defendent (Santa Clara County Superior Court Case No. 282965) ; Seller also reserves all rights to any award made to Seller in said action except as hereinafter provided, together with the right to require the District' to convey the subject property or an interest therein to the City of Palo Alto if the court in said action determines that the City of Palo Alto is entitled thereto. It is the intent of the Seller and the District that neither this Agreement nor the sale and conveyance of the subject property to the District shall defeat or diminish the rights of Seller asserted in said action or provide to the City of Palo Alto any defense thereto. The final decision of a court of competent jurisdiction entered after good faith, bonafide opposition of Seller, holding that this Agreement or delivery of the grant deed pursuant hereto defeated or diminished such rights of Seller or provided to the City of Palo Alto a defense thereto shall, iso facto, cause this Agreement and said grant deed to be void ab initio. The provisions of this paragraph 4 shall not merge in said grant deed and shall survive the recording thereof. In the event that the court in said action does finally determine that title to the subject property or an interest therein is in the City of Palo Alto by reason of inverse condemnation or that said City is entitled to have said property or interest conveyed to it, and, further, the court makes an award of compensation in said action to the Seller or 'there is a reversion of title to Seller under any provisions of this Agreement, the District shall be entitled to repayment of the consideration paid for the subject property under this Agreement, plus interest at 6% from the date of closing of escrow. Seller shall indemnify the District and be personally liable for such repayment and reasonable attorney's fees. Said Grant Deed shall expressly provide that if there is a reconveyance or reversion of title to Seller as provided herein, the District shall have the lien of a first mortgage on the property and any judgment awarded in said action as security for such repayment. The first lien shall be over and above any claims to the award by Seller or .third parties and shall take priority over attorney fees and any other expenses of the litigation. It is under- stood that this provision does not become operative unless the court in said action determines that title to the subject property 'or an interest therein has been or should be vested in the City of Palo Alto or makes a determination that effects' a reversion of title to Seller hereunder. If there is a reconveyance or reversion of title to Seller, and the Court in said action makes a final deter- mination that neither title to the subject property nor any interest therein is in the City of Palo Alto or to be conveyed to it by Seller, then Seller thereupon shall convey title to the subject property 'to the District for cash in an amount equal to any repayment, including interest, previously made by Seller to District pursuant to this paragraph 4, plus interest at the rate of 6% per annum from the date of such repayment to the Gate of such conveyance of title and other- wise on the terms set forth herein. This paragraph 4 shall have no further force or . effect if the action is not brought to trial within five years as set forth in Section C.C.P. 583 from the date of the close of escrow. -2- This Agreement is binding on the heirs, successor and assigns of the Seller and District. Seller agrees that the District will not be made a party by Seller in said action with the City of Palo Alto on the grounds that the District has inversely condemned the subject property, or a defendant in any other action for that reason. 5. ESCROW TITLE INSURANCE PRORATIONS. (a) Escrow. Upon execution hereof an escrow shall be opened with Valley Title Company, at its San Jose, California office or at such other title company as may be agreeable to the parties. Escrow shall close within *sixty (60) days from the date of execution of this Agreement. (b) Costs and Prorations. All costs of escrow shall be paid by District. Current taxes and other items of expense shall be prorated as of the close of escrow. 6. Seller represents and warrants that Seller has not entered into' any oral or written leases or rental agree- ments on all or any portion of the subject property or given any permission or consent to anyone, expressly or impliedly, to occupy said property, and Seller agrees to hold the District harmless from and reimburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on the property entered into by Seller. . It is understood, however, that the failure of Seller to remove or to undertake to remove persons on the adjoining or the subject property without permission shall not be deemed to constitute implied permission by Seller for such persons to occupy the adjoining or the subject property. 7. Seller shall retain possession of the property conveyed up to and including the date of recording of the grant deed conveying title to District. IN WITNESS WHEREOF, Seller and District have executed this Agreement this day of 1977. MIDPENINSULA REGIONAL OPEN- SPACE DISTRICT BY D. F. Eldridge -3- Cj - 1-11`:' 5-7 (BURNS' RE47 1 . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, here- inafter called "District", has proposed to purchase from ' Alyce L. Burns for $3 ,500 per acre 610.52 acres of real property in the City of Palo Alto, Santa Clara County, particularly described as Parcels 1 , 2 and 3 in the preliminary title report No. 168634-A, dated March 1, 1977, from Valley Title Company attached hereto as Exhibit "At' and incorporated herein by reference. 2. D.F. Eldridge, hereinafter called "Seller", has filed action No. P26800, in the Superior Court of Santa Clara County, in which Seller is claiming some right, title or interest in the property, as to which matter an appeal is now pending in the State Court of Appeal. 3. Seller agrees that in the event he obtains a final judgment in said action No. P26800 that vests in Seller any right , title or interest in or to any portion of, or interest in., the property or determines that Seller is entitled to any portion of, or interest in the property (such portion or interest herein for convenience collectively called the "Eldridge Property") Seller shall sell, assign, transfer and convey to District the Eldridge Property, and District agrees to purchase the Eldridge Property at the rate of $3 ,500 per acre for each and every acre, or fraction of an acre, thereof up to but not in excess of 241 acres. 4. Title to the Eldridge Property shall be conveyed to District by grant deed, or other appropriate instrument of transfer in form satisfactory to counsel for District , free and clear of all liens , easements , assessments , restrictions , rights and conditions of record other than current taxes , public utility easements, the pending legal action referred to in Paragraph 5, exceptions number 8, 9, 10, 11, 12, 13 , 14 and 15, Own title report 1�o. 1-6S634-A and an-v other in preliminary I I encumbrances acceptable to District as evidenced by a standard policy of title insurance to be paid for by District ; provided, hot,?ever, that if title is then subject to any matters of record not shown in said preliminary title report , Seller shall not be liable therefor and District 's sole remedy in the event it does not elect to accept title subject to such other matters shall be to terminate this Agreement, unless any such other matter was caused or suffered by the fault of Seller. 5. Seller excepts and reserves , and the grant deed or other appropriate instrument of transfer shall so provide, all rights in and to the Eldridge Property with respect to that certain legal action involving Seller, as plaintiff, and the City of Palo Alto, as defendant (Santa Clara County Superior Court Case No, 282965) ; Seller also reserves all rights to any award made to Seller in said action except as hereinafter provided, together with the right to require the District to convey the Eldridge Property to the City of Palo Alto if the court in said action determines that the City of Palo Alto is entitled thereto. It is the intent of the Seller and the District that neither this Agreement nor the sale, assignment, transfer and conveyance of the property to the District shall defeat or diminish the rights of Seller asserted in said action or provide to the City of Palo Alto any defense thereto. The final decision of a court of competent jurisdiction entered after good faith, bonafide opposition of Seller, holding that this Agreement or delivery of the grant deed or other appropriate instrument of transfer pursuant hereto defeated or diminished such rights of Seller or provided to the City of Palo Alto a defense thereto shall , ipso facto, cause this 2 grant deed or other appropriate instrument A�;=-ee:.en_ and said of transfer and shall survive the recording thereof. In the event that the court in said action does finally determine that title to the Eldridge Property is in the City of Palo Alto by reason of inverse condemnation or that said City is entitled to have the Eldridge Property conveyed to it , and, further, the court makes an award of compensation in said action to Seller or there is a reversion of title to Seller under any provisions of this Agreement , the District shall be entitled to repayment of the consideration paid for the Eldridge property under this Agreement, plus interest at 6% from the date of closing of escrow. Seller shall indemnify the District and be personally liable for such repayment and reasonable attorney's fees. Said grant deed or other appropriate instrument of transfer shall expressly provide that if there is a reconveyance of title to Seller as provided k herein, the District shall have the lien of a first mortgage on the Eldridge Property and any judgment awarded in said action as security for such repayment. The first lien shall be over and above any claims to the award by Seller or third parties and shall take priority over attorney fees and any other expenses of the litigation. It is understood that this provision does not become operative unless the court in said action determines that title to the Eldridge property has been or should be vested in the City of Palo Alto or makes a determination that effects a reversion of title to Seller hereunder. I£ there is a reconveyance- or reversion of title to Seller, and the Court in said action makes a final determination that title to the Eldridge Property is not in the City of Palo Alto or to be conveyed to it by Seller, then Seller thereupon 3 -- 1 I shall Sell , assign , transfer and convey title to the Eldridge Property to the District for cash in an amount equal to any I repayment , including interest , previously made by Seller to District pursuant to this Paragraph 5, plus interest at the rate of 6% per annum from the date of such repayment to the date of such sale, assignment , transfer or conveyance of title and otherwise on the terms set forth herein. This Paragraph 5 shall have no further force or effect if the action is not brought to trial within five years as set forth in Section C.C.P. 583 from the date of the close of escrow. Seller agrees that the District will not be made a party by Seller in said action with the City of Palo Alto on the grounds that the District has inversely condemned the property, or as a defendant in any other action for that reason. 6. Seller represents and warrants that Seller has not entered into any oral or written lease or rental agreements on all or any portion of the property or given permission or consent to anyone to occupy the property, and Seller agrees to hold the District harmless from and reimburse the District for any and all liability, losses and expenses occasioned by reason of any lease or rental agreement on said property entered into by Seller. It is understood, however, that. the failure of Seller to remove or to undertake to remove persons on the property without permission shall not alone be deemed to constitute permission by Seller for such persons to occupy the property. 7. After execution of this Agreement Seller, on request of the District , shall deliver to the District or into an escrow opened for the purpose of acquiring the 610.52 acres a release of his Lis Pendens filed in Action No. P26800. The said release of Lis Pendens is only to be effective and .. 4 _ A recorded hy the District upon the vesting of title to the 610. 52 acres in the District. 8. After notice of thirty days to the District by Seller of his acquisition of title to any portion of the property as a result of Action No. 0268003, an escrow shall be opened with Valley Title Company at its San Jose office, or such other title company as may be agreeable to the parties. All costs of escrow shall be paid by the District, and other items of expense shall be prorated as of closing of escrow. Escrow shall close within ninety days after Seller notifies District of his acquisition of title. 9. It is understood that this Agreement is subject to the District obtaining satisfactory title and title insurance on the entire 610.52 acres. -It is also understood that the trespassers on the property shall be removed from the property as a result of the pending unlawful detainer action brought by Alyce L. Burns before the close of escrow; provided, however, such removal shall not be the duty or obligation of Seller and Seller shall not be required to bear any costs and expenses in connection therewith. In the event the conditions of this paragraph 9 are not met to the full satisfaction of the District within 90 days from opening of escrow, pursuant to paragraph 8 this Agreement shall be of no further force and effect. This Agreement is binding on the heirs, successors and assigns of the Seller. IN WITNESS WHEREOF, Seller and District have executed this Agreement this day of 1977. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By D. F. LDRIDG 5 A- M-77-173 'ALF (Meeting 77-22 Agenda item No. 4) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 8 , 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Joint Meeting With San Mateo County Parks and Recreation Commission The Board has set Saturday, September 24 for a joint meeting with the San Mateo County Parks and Recreation Commission. The Commission would prefer a morning meeting. A time and meeting place will be recommended at the September 14 , 1977 Board meeting. HG:pl M-77-168 (Meeting 77-22 Agenda item No. 5) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORA14DUM September 8 , 1977 TO: Board of Directors FROM: J. Melton, Controller SUBJECT: Adoption of Revised Budget for Fiscal Year 1977-1978 Attached Exhibit A is the budget for Fiscal Year 1977-78 reflect- ing revised revenue and expenditure budgets based on data developed since the preliminary budget was adopted on July 8. Also attached is a revised pro-forma funds statement reflecting the impact of these changes on the District's funds. The following changes from the preliminary budget have been incorporated: 1. Budget revenue increased from $10 ,553 ,400 to $10 ,626 ,400 based on final assessed valuation data from Santa Clara and San Mateo Counties. 2. Budgeted expenditures increased from $9 ,069 ,200 to $9 ,254 , 300. Of the total $185 ,100 increase, $176 ,700 is in the Debt Service category reflecting accelerated payments on certain installment purchase contracts. The balance of the increase is in legal fees and office rent. The former is to correct a small error in budgeting the District Counsel's retainer and the latter reflects the District' s new office lease. Recommendation: It is recommended that the Board adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Budget for Fiscal Year 1977-78. JM:pl EXHIBIT A September 14 , 1977 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Budget for Fiscal Year 1977-78 I. REVENUES A. Current Year Property Taxes $ 3, 261,700 B. Prior Years Redemptions 45, 000 C. Homeowner' s Property Tax Relief 183 , 000 D. Business Inventory Property Tax Relief 116,400 E. Federal Grant 207 ,700 F. State Grant 13 ,800 G. Interest 180, 000 H. Rent 10, 500 I . Proceeds from Sale of Notes 6, 608,300 TOTAL REVENUES $10, 626, 400 II . RESERVES A. FY 1978-79 Land Acquisition $ <163,800> B. FY 1978-79 Operating Expenses 29,900 C. Note Sale Proceeds 621, 800 D. Note Retirement Fund 584 ,200 E. Opportunities & Emergencies 300, 000 TOTAL RESERVES $ 1,372, 100 III. EXPENDITURES A. Debt Service 1. Interest $ 239, 600 2. Principal 1, 375, 500 Subtotal $ 1, 615, 100 B. Salaries & Benefits 1. Directors Fees $ 12, 600 2. Board Appointees 44, 800 3 . General Manager Appointees 256, 600 4. Fringe Benefits 68 ,100 Subtotal $ 382, 100 i Page two C. Services & Supplies 1. Legal Fees $ 38 , 500 2. Acquisition Services 33 , 000 3. Professional Services 19,500 4. Other Outside Services 6,800 5. Library & Subscriptions 3, 200 6. Dues & Memberships 400 7 . Office Rent 18, 800 8 . Equipment Rental 5, 100 9. Utilities 3 , 000 10. Telephone & Postage 10, 300 11. Printing & Duplicating 19,100 12. Insurance 6, 000 13. Advertising 5, 000 14. Maps/Mapping Supplies & Services 2, 600 15. Private Vehicle Expenses 8,700 16. District Vehicle Expenses 15,000 17 . Conference Expense 7 , 400 18. Training & Seminars 2, 900 19. Equipment Maintenance & Repair 800 20. Office Supplies & Small Equipment 4 ,800 21. Field Supplies & Small Equipment 3, 000 22 . Site Operations & Maintenance 3 , 900 23 . Miscellaneous 2,400 Subtotal $ 220, 200 D. Fixed Assets 1. Previous Land Commitments $2,735,300 2. New Land Commitments 4, 000, 000 3. Site Acquisition Expense 142 , 000 4. Site Preparation Expense 19,700 5. Structures & Improvements 69, 200 6. Vehicles ,, 12, 000 7 . Field Equipment 54 ,200 8 . Office Euipment 4, 500 Subtotal $7, 036, 900 TOTAL EXPENDITURES EXCLUDING LAND AND DEBT SERVICE $ 903, 900 TOTAL EXPENDITURES $9,254,300 9/14/77 TABLE 1 PRO-FORMA FUNDS STATEMENT FISCAL YEAR 1977-78 (000 OMITTED) Cash Revenue Expenditures Fund 7/1/77 Taxes,Etc. Notes Taxes Etc. Notes 6/30/78 Land Acquisition 1,410 1,922 4 ,649 2,586 4 ,149 1,246 Debt Service 0 862 1, 337 278 1,337 584 Operations 220 934 - 904 - 250 Note Proceeds J0 - 622 - - 622 Opportunities & Emergencies 700 300 - - - 1,000 2, 330 4,018 6,608 3,760� 5,486 3,702 10,626 9,254 Debt Capacity 7/1/77 FY 77-78 6/30/78 Available Outstanding New Retired Available Installment Purchase Contracts 4,250 2,022 2 ,600 1,376 1,004 Negotiable Prommisory Notes 10,000 6,600 3400 14 ,250 2 ,022 9 ,200 1, 376 4 ,404 i i i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING BUDGET FOR FISCAL YEAR 1977-1978 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The budget for the Midpeninsula Regional Open Space District for the fiscal year 1977-1978 is adopted as set forth in Exhibit A. Section Two. An adjustment to Fiscal Year 1978- 1979 Land Acquisition Reserves should be made to reflect any difference between actual revenue and budgeted revenue. Section Three. Monies are hereby appropriated in accordance with said budget. M-77-167 (Meeting 77-22 AA, Agenda item No. 6) or MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 6, 1977 TO: Board of Directors FROM: J. Melton, Controller SUBJECT: Revised Annual Claims' List In accordance with Section 1. 53 of the District' s Rules of Procedure, the attached revised list of annual claims is submitted for Board approval. All items are consistent with the budget for fiscal year 1977-1978 . ANNUAL CLAIMS Fiscal Year 1977-78 Item Description Amount Directors ' Fees $ 8,400 Staff Salaries 301,400 District Counsel' s Fees 27, 650 Retirement Funds 23, 200 Group Insurance Premiums 16, 300 Office Rent 18 ,800 General Manager' s & Assistant General Manager Vehicle Expense 4, 050 $399, 800 Approved 7/13/77 M-77-170 (Meeting 77-22 Agenda item No. 7) LTC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 8, 1977 TO: Board of Directors FROM: J. Melton, Controller SUBJECT: Electronic Data Processing Service Discussion: Attached is L. Schwarz ' report covering his investi- gation of data processing service companies and how the District can best use these services. As Leonard points out, the amount of the District' s expenditures has grown considerably since formation and has reached the point where a totally manual accounting system cannot provide the nec- essary data on a timely basis for good management control. I have therefore initiated this study of data processing services in order to provide the District with an adequate accounting and control system for the next few years. My plan is that we will initially use a combination manual/computer system and as necessary shift more to the computer system. The advantages that should be realized from this plan are : 1. Better management control resulting from more detailed information presented in a more usable form on a more timely basis than can be provided manually. 2. Better and more timely data available to staff and the Budget Committee for use in preparing annual budgets. 3 . Ability to handle growth in the District' s accounting activities at a lower cost by using computers to handle data rather than increased staff time and payroll. I have met with representatives of Carter Associates to discuss the District' s requirements and share Leonard' s confidence that they can fulfill our needs now and for the foreseeable future. The cost data shown in Leonard' s report indicates that Carter' s cost is substantially less than other vendors; however, additional discussion of our requirements has caused Carter to revise their cost estimate upward. I will have their new bid to report to you at the September 14 meeting, but I expect that they will still be the low bidder and therefore will not change my recommendation. Also attached is a copy of Carter Associates Service Agreement. The estimated cost of their service is based on a 24 month contract, and and our proposed contract with them is written on that basis. However, the District can terminate the contract on 120 days notice in which case the rates for the shorter time period will apply. Carter estimates that if this contract is approved they can be ready to begin processing our data by November 15. Recommendation: It is recommended that the Board approve the 'Service Agreement between the District and Carter Associates and authorize the General Manager (or Assistant General Manager in the General Managers absence to sign the Agreement on behalf of the District)— JM:pl R=77-43 AA1 AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 8, 1977 TO: J. Melton, Controller FROM: L. Schwarz, Financial Analyst SUBJECT: Electronic Data Processing Service The Need for Budget Control. The considerable effort that Board and staff members put into the preparation of the budget underlines its importance in the District' s operations. Equally necessary is a system of control that allows those responsible for authorizing pur- chases to compare actual to budgeted expenditures. As the scale of the District' s operations increases, it is imperative that a system be developed under which expenditures can be easily, promptly and intelligently monitored. In fiscal year 1973-1974, the District budget called for expendi- tures of $111,116; in 1975-1976, budgeted expenditures were $2, 540,200. In fiscal 1977-1978 , the budget calls for spending $9, 254,300. The manual accounting system established to carry the District through its early years can no longer be looked to for ade- quate budget control. Program leaders need budget variance reports every month. Compiling this information and putting it into a readable format would take a bookkeeper days, perhaps even a week. On the other hand, sorting numbers is something a computer can do easily efficiently and accurately. In brief, an electronic data processing system can provide the General Manager, the program leaders and the budget committee with more information at a lower cost and in a shorter period of time than a human being can. On-line vs. Batch. In searching for a vendor of data processing services, I shared your expectation that the District would want an on-line system; that is, a terminal attached by telephone to a computer. On-line systems have the distinct advantage of allowing the user instant access to the data and to the computer' s central processing unit. In other words, the user can get the information he/she wants immediately. R-77-43 Page two The alternative to an on-line system is batch processing. Under this plan, a copy of each check written by the District is coded with an account number. Once a month the vendor picks up the coded material and, within 24 to 28 hours, returns with the financial reports. Batch processing offers two distinct advantages over an on-line system: 1. It is significantly less expensive. Estimates of the cost to the District of a batch processing service vary from $125 to $225 per month. No vendor estimates the cost of an on-line system at less than $650 per month. 2. An on-line system requires that the data on expendi- tures be input into the computer by the bookkeeper; that is, the bookkeeper would enter all of the information on the face of the check, plus the account code. Batch processing requires that only the account code be added to the copy of the check. Hence the time-consuming duplication of an activity is avoided and the bookkeeper is not required to learn to operate a new piece of equipment. In discussing the relative merit of on-line and batch systems with the persons most in need of monthly expenditure reports -- the General Manager (and temporary Land Acquisition Manager) , the Land Manager and the Administrative Aide-- , I found them unanimous in their opinion that there is no need to pay an extra $400 to $700 per month to receive reports 24 to 48 hours more promptly. Vendors. It was during my preliminary search for a vendor that I began to realize that a batch processing system would best suit the District' s needs. A representative of Tymshare--a major national distributor of on-line systems--told me that their service would cost at least $650/month. He recommended that I try two batch processing firms - Carter Associates and Automatic Data Proces- sing. Discussions with several representatives of Service Bureau Corpor- ation, a subsidiary of Control Data and probably the best known and most highly respected data processing service firm in the country, led them to recommend their batch service rather than their on-line service. In order to be certain that the District' s needs were not being misunderstood or overestimated by on-line vendors, I met with a representative of General Electric' s on-line computer system (recommended to me by a professor at the Stanford Business School) . R-77-43 Page three The saleswomen' s estimate of the cost of General Electric' s on-line service was $1,100/month. I solicited detailed proposals from three vendors : Carter Associates of Sunnyvale, Service Bureau Corporation of San Francisco and Automatic Data Processing of Palo Alto. Costs. No two vendors use the same billing formula. Some bill on the volume of input, some bill on the volume of output and some bill on computer usage time. Shopping for the low bidder is akin to shopping for a car whose price will be based on driver miles per year by Dealer A, passenger miles per year by Dealer B, and hours in use by Dealer C. In this analogy, the District is in the position of a bicycle rider who has no way of judging what his/her future car usage will be. My only alternative in this situation was to discuss our needs in considerable detail with the representatives of each firm in order to develop the most accur- ate possible estimate of the cost of each one' s services. Their estimates are as follows : Set-up Charge Monthly Fee Service Bureau $300. 00 $214. 00 Automatic Data Process- ing $250. 00 $200 . 00 Carter Associates $400 .00 $130 .00 SBC estimated our bill at $166/month, but they have a $200 min- imum and a $14 charge for pick-up and delivery. The other vendors incorporate the delivery service in their fee. ADP' s estimate is based on the volume of input, the one pricing scheme I feel comfortable applying on my own. Carter' s pricing is based on keypunch time and computer time, measures impossible for me to estimate. Hence, I called several of their references in this area and asked whether Carter' s bills were in line with their original estimates. All of their clients agreed that they were, and no client had heard of other Carter clients complaining of being overcharged. Recommendation. I have met twice with representatives of SBC and ADP and four times with representatives of Carter. I have no doubt that each firm can meet our current needs and expand their services as our requirements increase in the future. I believe that Service Bureau would provide the best overall service. They are known nationally for having the most versatile R-77-43 Page four programs and the most competent and experiences service rep- presentatives and programmers. My conversations and visits with four different members of their San Francisco office gave me no reason to question their excellence. What I do question is the wisdom of paying a substantial premium for superior service located in San Francisco,when Carter in Sunnyvale appears to offer service adequate to the District' s current and projected future needs. Hence my recommendation is that the District contract for the services of Carter. Aside from their price, I recommend Carter for two reasons : 1. on his first call, their salesman brought with him a programmer/systems analyst to analyze the District' s needs and determine if they could be met by Carter' s programs. This programmer has continued to participate in my meetings with their salesman, providing us with clarification of a number of important details. The District needs a vendor interested in fitting their ser- vice to their clients ' needs, not vice versa. Carter's realization that a systems analyst can better answer questions than a salesman is evi- dence that they are concerned with the needs of their clients and with adapting their service to meet those needs. 2. Carter's references speak highly of their ser- vice. Besides checking on costs, I asked speci- fically about Carter' s reliability (machine breakdowns, keypunch errors,etc. ) and their ability to tailor their services to the needs of their clients. All references reported that Carter' s service was reliable and easily adapted to their needs. No one had heard of others having trouble with Carter. I have spent enough time with Carter representatives to believe that they understand our needs and that they can provide the District with the service it requires. Given that their bid is significantly lower than the others I received, I recommend that the District employ their services. LS :jg CARTER ASSOCIATES SERVICE AGREEMENT This Agreement, made and entered into this _24th day of A1101 t 11 77 by and between , (hereinafter referred to as "CUSTOMER") ,-having its p-rincipal place o business at 745 Distplo Altos, a 94022 , and CARTER ASSOCIATES, a California Corporation having its principal place— of business at Sunnyvale, California (hereinafter referred to as "CARTER") . Witnesseth: Whereas, CARTER is engaged in the business of providing Data Processing Services through the use of computers and other data processing equipment; and whereas, CUSTOMER has concluded that CARTER is qualified to perform the data processing required by CUSTOMER, the parties agree as follows: I. Obligations of CARTER A. Services 1. CARTER will provide to CUSTOMER the services described in the Application Service Schedules which are attached to and which are incorporated in by reference to this Agreement. The titles of Application Service Schedules attached are: General L plicatti in pcordance with Carter Associates Proposal #1488,_dated August 10, 1977. r 2. CARTER will offer to CUSTOMER new services as they become avail- able. The services will be described in future Application Serv- ice Schedules, and will upon agreement between CARTER and the CUSTOMER be added as amendments to this agreement. 3. Services provided by CARTER to CUSTOMER under this Agreement shall be charged for at the rates defined in the Hourly Rate Schedule, a current copy of which is attached to and incorpo- rated in this Agreement by reference. E. Facilities, Equipment and Supplies 1. CARTER will provide the premises, equipment, personnel and other facilities required to enable it to perform the services de- scribed in the Application Service Schedules and elsewhere in this Agreement in an efficient and workmanlike manner. 2. CARTER will provide storage space at CARTER's site to CUSTOMER to accomodate up to three (3) months' supply of special forms and/or cards required for the processing of CUSTOMER applica- tions as defined in Paragraph I.A.l. Standard forms will be supplied by CARTER at CARTER's cost plus ten per cent (10%) for handling and storage. 3. CARTER will provide at no charge to CUSTOMER the storage media necessary (e.g. , magnetic tapes, disk storage) to provide the proper retention and processing of CUSTOMER's data files for the applications defined in Paragraph I.A.I. 4. CARTER shall not, without notification to CUSTOMER, make changes in the equipment or programs used by CARTER which affect the in- put preparation or printed report forms used by CUSTOMER. C. Back-Up Services 1. In the event of a breakdown of CARTER's equipment, CARTER will attempt, to the best of its ability, to continue meeting CUSTOMER's data processing requirements by obtaining access to other equipment. D. Courier Service 1. Pick-up and delivery are supplied to CUSTOMER between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday, excluding holidays. All pick-up and delivery services desired outside of these hours will be furnished by CUSTOMER. 2. Pick-up and delivery will be at one central location per CUSTOMER. 3. Frequency and times are to be established mutually by CARTER and CUSTOMER. E. Confidentiality 1. CARTER recognizes that input information, other data furnished by CUSTOMER, and the output information generated by CARTER are confidential. CARTER will take all reasonable precautions to assure that the confidential nature of such information and data will be maintained. 2. Access to CUSTOMER information will be limited to those employees of CARTER who have need to come in contact with this data in order to perform data processing services for CUSTOMER. F. CUSTOMER Service 1. Introduction - CARTER will review system objectives with the management of CUSTOMER, establish an implementation schedule, and assist in ordering necessary forms or equipment that are to be leased or purchased by CUSTOMER. 2. Implementation - CARTER will assist CUSTOMER personnel in making processing decisions, establishing required Master Files, and will educate CUSTOMER's personnel to effectively use reports generated by the systems. 3. Follow-up - CARTER will provide periodic visits to CUSTOMER location, answer questions and resolve problems. It will also provide a point of contact for quick response to CUSTOMER inquiries. II. Obligations of CUSTOMER A. Implementation and Operation 1 . The CUSTOMER will provide management support and make available necessary qualified personnel to perform CUSTOMER duties related to the implementation and ongoing operation of the services per- formed by CARTER. 2. The CUSTOMER will maintain adequate supporting material or copies to enable CARTER to regenerate card files, tape files, disk files, printer output and other data furnished to CARTER by CUSTOMER. In the event of loss of such CUSTOMER data due to negligence of CARTER, CARTER's liability for such loss shall be limited to the replacement or regeneration of the lost data from CUSTOMER's supporting material without charge to CUSTOMER, in the method or means deemed most suitable by CARTER for such regenerative action or replacement. III. Term and Termination A. Original Term - The term of this Agreement shall be for 24 month from the date. on this Agreement. B. Termination - Either party may terminate this Agreement by provid- ing one hundred twenty (120) days prior written notice. C. Early Termination - In the event CUSTOMER terminates this Agreement in months one (1) through twelve (12) , CUSTOMER shall pay to CARTER the aggregate difference between the base hourly charge and the hourly charge paid by CUSTOMER pursuant to the term of agreement (Paragraph III.A.) and the Hourly Rate Schedule. In the event CUS- TOMER terminates this Agreement in months thirteen (13) through twenty-four (24) , CUSTOMER shall pay to CARTER the aggregate dif- ference between the twelve (12) month hourly rate charge and the hourly charge paid by CUSTOMER pursuant to the term of agreement (Paragraph III.A.) and the Hourly Rate Schedule. D. Rights on Termination - Upon termination of this Agreement CARTER will deliver to CUSTOMER in mutually acceptable machine-readable form, all of CUSTOMER's data under CARTER's control. Such data shall be prepared and delivered at no cost to CUSTOMER. CARTER reserves the right to schedule production of such data (which shall not be unreasonably delayed) , and to provide it in a format that does not violate the proprietary nature of its Master Files. IV. Service Charges and Billing A. Invoicing - Charges will begin at the end of the first month in which an application service is operational. CARTER will invoice CUSTOMER for services rendered at the end of each month. Payment is due within thirty (30) days of the date of the invoice. B. Charges - Services provided to CUSTOMER will be charged for at the rates defined in the Hourly Rate Schedule attached, unless amended as specified below. C. Price Increase - CARTER may, on each anniversary date of this Agree- ment (every twelve (12) month increment) , increase any or all of its service charges specified in the attached Hourly Rate Schedule, providing that sixty (60) days prior written notice has been given to CUSTOMER. Said hourly processing rate increases shall not ex- ceed fifteen per cent (15%) a year, unless, as provided in Para- graph IV.D. below, hourly processing time is proportionately re- duced. D. Changes - It is understood that the service charges specified in the attached Hourly Rate Schedule are based on the computer equip- ment and techniques presently being utilized by CARTER. Therefore, should CARTER upgrade its equipment, or improve its techniques, thereby resulting in fewer hours of time being billed to CUSTOMER, it is agreed that CARTER may, on ninety (90) days prior written notice to CUSTOMER, increase its hourly charges in proportion to the decrease in hours billed, notwithstanding the fifteen per cent (15%) limitation per year in Paragraph IV.C. above. V. General A. Limitation of Liability - CARTER shall use its best efforts to furnish to CUSTOMER the data processing services covered by this Agreement, and undertakes to process the information supplied by CUSTOMER accurately and to deliver the output as scheduled, unless prevented from so doing by causes beyond its control. Should errors for which CARTER is responsible occur, it is expressly understood and agreed that CARTER's maximum liability shall be an amount not to exceed the total amount actually paid by CUSTOMER for services during the preceding ninety (90) days. In no event shall CARTER be liable for special, indirect, or consequential damages, even if CARTER has been advised of the possibility of such damages. B. Ownership of Programs - CUSTOMER agrees that CARTER owns all right, title, and interest in the data processing services furnished to CUSTOMER including, but not limited to, all of the programs and documentation of said services, both existing and as may be devel- oped or modified especially for CUSTOMER. C. Force Majeure - Neither party shall be responsible for any failure to carry out its obligations due to force majeure, including but not limited to acts of God, strikes, lockouts, war, plots, explo- sions, fires, floods, raw material shortages, energy or fuel shortages or any other cause not within the control of the party claiming relief from any of the requirements of this Agreement. D. Governing Law - The laws of the State of California shall govern as to the interpretation, validity and effect of the Agreement and any amendments and modifications thereto. E. In the event either party incurs expenses due to the enforcement or interpretation of this Agreement, then the prevailing party shall be entitled to reasonable attorneys fees and costs. F. Entire Agreement - This Agreement, together with the attachments specifically referred to and incorporated herein by reference, supercedes all other warranties, conditions, understandings, repre- sentations and statements, verbal or written, and shall constitute the entire agreement between the parties hereto. This Agreement can be modified or altered only by the express written agreement of the parties. G. Successors - This Agreement shall bind and inure to the benefit of any successors or assigns of CUSTOMER. H. Assignment - Neither party can assign its rights or obligations hereunder without the written consent of the other party. I. Waiver - The failure of either party to enforce at any time, for any period of time, the provisions of this Agreement shall not be construed as a waiver of such provisions as of the right of such party thereafter to enforce each and every such provision. IN WITNESS WHEREOF, the duly authorized officers of the respective parties hereto have executed this Agreement the day and year first above written. ACCEPTED BY: OFFERED BY: CARTER ASSOCIATES By By Title Title By By Title Title Date Date CARTER ASSOCIATES HOURLY RATE SCHEDULE I . Hourly Processing A. Base Hourly Rate Hours/Month Rate 0. 1 - 10. 0 $134. 00/hr Over 10 $125. 00/hr B. 12-Month Agreement Hourly Rate Hours/Month Rate Hours/Month Rate 0. 1 - 10 $120. 00/hr 25. 1 - SO $110. 00/hr 10. 1 - 25 $115. 00/hr Over SO $105. 00/hr C. 24-Month Agreement Hourly Rate Hours/Month Rate Hours/Month Rate t 0. 1 - 10 $115. 00/hr 75 . 1 - 100 $ 95. 00/hr 10. 1 - 25 $110. 00/hr 100 . 1 - 200 $ 90. 00/hr 25 . 1 - 50 $105 . 00/hr 200. 1 - 300 $ 8S. 00/hr 50 . 1 - 75 $100. 00/hr 300. 1 - 600 $ 83. 50/hr The rates described above are cumulative; that is , the associated rates are applicable to each increment of hours processed. Time will be billed to the nearest tenth of an hour . Hourly processing rates include: jab set-up, computer operator, decollating, bursting, packaging , courier service, storage media (i . e . , tapes , disks , punched cards) . II . Programming A. Systems Analyst - $30.00 per clock hour B. Programmer - $20.00 per clock hour III . Data Preparation Ke verif in - $7 . 75 per clock hour A. Keypunching � Y g Yp g Y M-77-164 AAr (Meeting 77-22 low Agenda item No. 8) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 22, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling of Board/Staff Workshop At its August 17 , 1977 meeting, the Board decided to hold an informal Board/staff workshop in the near future to discuss alternatives to the District renting office space, including the possibility of buying a site and building office facilities on it. It is recommended that the Board schedule a luncheon meeting for the workshop on Wednesday, October 19 , from 12: 00 Noon to 2: 00 P.M. hG: jg M-77-166 AjL Aff 'qW 3a=18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 1, 1977 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Announcement of Change of Office Location I am pleased to announce that staff has completed negotiations on a lease for new office space at 375 Distel Circle, Suite D-1, Los Altos , California 94022 . It is expected that the space will be ready for occupancy about October 1, 1977. Attached is the floor plan for the new space for your information. i (Meeting 77-18, Agenda item No. 4 (c) ) MIDPENILISULA REGIONAL OPEN SPACE D STRICT RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS O THE MID- PENI14SULA REGIONAL OPEN SPACE DISTRI 1 APPROVING, AUTHORIZING AND DIRECTING THE EXEC -, ION: OF AN AGREEMENT WITH UNITED CALIFORNIA ANK WHEREAS, the Board f Directors (the "Board") of Midpeninsula Regional Open pace District (the "District") has resolved to provide f r the issuance of $4 , 600,000 principal amount of Mid ninsula Regional Open Space District Negotiable Promissory otes, Series A; and WHEREAS, i connection with the issuance of such notes the Board wis es the services of an experienced Paying Agent; and WHEREA , United California Bank ("Paying Agent") has such experi nce and has proposed to perform such services, on the terms d conditions set forth in the proposed agree- ment on fil with the District Clerk; and EREAS, the District approves the terms of such contract; NOW, THEREFORE, BE IT RESOLVED by the Board of Direct rs of the Midpeninsula Regional Open Space District CATEGORY II and INVESTMENTS f 'tments in business entitie s are reportable if: 'he business entity, including parent corporations, ubs id iary corporations P tions or otherwise related usiness entities (a) has an interest in real roperty located in part or in whole within the oundaries of the local agency, within two miles 21reof or within two miles of land owned or used ' the local --, � nc b Y, ( do es business o la ns to +business wi,.Lin the local agency, or c) has done Diste.l CirciC £mc ,n / F,les 6 TeM� 'CA rtA Cllt Y L �b it 0 parable Pant (c4eeign �c la. any upon { i TO , Extfi&IT ...1 �I Cam,n e M-77-171 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 8, 1977 TO: Board of Directors FROM: D. Wendin, Director SUBJECT: Appointments to Legislative Committee At its August 10, 1977 meeting the Board adopted Resolution No. 77-32, adding a Legislative Committee as a standing committee of the Board of Directors. The members of this committee are Nonette Hanko, Barbara Green and Richard Bishop who will be meeting Wednesday, September 21, 1977 at 7 : 30 P.M. at 745 Distel Drive, Los Altos, California. DGW:jg TELEGRAM September 1, 1977 Honorable Jerome A. Smith c/o Mr. Harry Horoho, Administrative Aide Room 4072 State Capitol Building Sacramento, CA 95814 Dear Senator Smith: The primary function of the Midpeninsula Regional Open Space District is the acquisition of land for public use. Our purpose is to preserve open space which provides recreational opportunities for our citizens and which enhances the beauty of their communities. Over 80% of our tax revenues are spent on land. The GNP defla- tor in no way matches the rate at which property values have increased in the District over the last three years, since land values in the District have increased at a rate of over 20% per year. IWe see no reason to believe that this rate will decrease F in the future. If we are to provide our citizens with the service they expected when they voted to establish the District, our revenues must be allowed to grow at a rate comparable to the rate at which land values increase. Assessed valuations reflect the appreciation in property values in the District. The GNP deflator does not. With over 80% of our revenue being earmarked for the acquisition of property, it is imperative that any tax reform legislation allow agencies like ours to continue their programs at their present level. Respectfully, Jon Olson Assistant General Manager I MIDPENINSUL?1 REGIONJU, PARK DISTRICT Referral Record Name of Project Surplus School District Property - San Rafael Ref-erring Agency San Rafael City Schools Date Received August 25, 1977 Date Response is Due Land Manager's Recommendation__ WID _.__..1..).Ao n4reqd A- ICYA6 d (Attached draft response. .�� i/ �► -. letter as needed) - 7 Signature Date - is ie i• x 7�c 3e $ �t 3e ie ' it at sic yr � 9fr x - is � • �t x 3c �E k * ie �c .9: it x � '.F . 4e ir. 9; General. Manager's Decision ----------------- Ser_d to Director(s) Signature D ' xr. is � x, 9E ie x 3: x �tr 3e r. � x 9c �c :k 3: •* iv ie ie a'e .i: 9e is �k �r �e d: •�k :k � ate -3e Date sent to Director (s) Action Requested of Director: None (for Director's information only) Con currence _urrence _ Investigation or corureny to General Manager - Due Date of Response by Director _rec nor s Response,ons e if any X 7 X }: >.' � X X Y X is �c :•S h K ]t: T: 3C 7C :iC Y Y' }X Y: Y 'Y 7j: X iC �C � -' . �C rC 3C Date of Response o to Agency Type of Response: Letter Phone (persons spoken to) RECEIVE[) AUG /r BAHIA VISTA • COLEMAN San Rafael • DAVIDSON MIDDLE THIRD AND E STREETS • P.O. BOX 390 • SAN RAFAEL, CALIF. 94902 TELEPHONE (415) 456-0150 • GALLINAS GLENWOOD City Schools • LAUREL DELL INTERMEDIATE • LAUREL DELL PRIMARY • JOHN MACPHAIL • SAN PEDRO August 24, 1977 SANTA VENETIA MIDDLE • SHORT • SUN VALLEY HIGH SCHOOLS • Mid-Peninsula Regional Parks Department SAN RAFAEL 745 Distel Drive TERRA LINDA Los Altos , California Gentlemen : Education Code Section 39363 . 5 requires that a school district prior to the sale or lease of real property shall offer same for parks or recreational purposes , pursuant to Article 8 of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code . The San Rafael City Schools Board of Education has declared that the district owned property on the North West corner of Third and E Streets in San Rafael , California, is surplus land. This parcel is an irregularly rectangular corner lot , 211 . 15 ' along E Street ; 181. 63 ' along Third Street , West line of 329 . 53 ' and a North line of 149 ' . The lot covers a total of 40 , 280 . 66 square feet . There is presently a building on the property which contains 19 , 144 square feet of main floor building area and a basement area containing 12 , 386 square feet , a portion of which is semi-finished rooms . Pursuant to Section 54222 of the Government Code , this property is hereby offered to you at fair market value prior to disposal . You are hereby notified that , within sixty (60) days the land may be disposed of in the normal manner as provided for in the Education Code. If you are interested in the purchase of this property or wish additional information, please contact me at the San Rafael City Schools Administration Building, Third and E Streets , San Rafael , or telephone 456-0150 . Cordially, i oh n H. Sc8ggin Assistant Superintendent S/1 i 'RECEIVED AUG 19?1 DISTRICT BOARD OF DIRECTORS JOE CHIRI-DISTRICT 1 Santa Clara Valley Water District 16PATRICK T.FERRARO-DISTRICT 2 5750 ALMADEN EXPRESSWAY SAN JOSE, CALIFORNIA 95118 ROBERT T.SAPP-DISTRICT3 MAURICE E.DULLEA,VICE CHAIRMAN-DISTRICT 4 JAMES J.LENIHAN-DISTRICT5 LINDA PERALTA -AT LARGE COURTLAND M.RUSH, CHAIRMAN -AT LARGE VIOLET V.ENANDER ` CLERK OF THE BOARD I! TELEPHONE(408)265-2600 August 30, 1977 Dear Friend: I As you may know, the United States Bureau of Reclamation (USBR) announced this week that it will reject bids recently submitted for construction of the Pacheco Tunnel portion of the San Felipe water importation project. The USBR will initiate a redesign of the tunnel. This letter is to inform you that the Santa Clara Valley Water District believes the USBR action is appropriate . The District joins in a commitment to minimize San Felipe opera- tion and maintenance costs and to hold project capital costs I to budget limits authorized by Congress . 1 The District anticipates that redesign of the Pacheco Tunnel may result in a shorter construction period, and so will not necessarily mean a delay in the projected delivery of San Felipe water in 1983 . We will continue to work closely with the Bureau of Reclamation on this project and will keep you informed of developments as they occur. Sincerely, Courtland Rush, Chairman Board of Directors i 1 AN AFFIRMATIVE ACTION EMPLOYER FOR THE SPECIAL I RICTS BOARD SECRETARIAT SEry R Enrollment Application Mail to: UNIVERSITY OF CALIFORNIA EXTENSION Santa Barbara,CA 93106 Phone: (805) 961-3231 MAKE ALL CHECKS PAYABLE TO: The Regents of the University of California Do Not Write Above This Line Social Security Number First Name MI Last Name E50Y one Home Mailing Address Night one C ity tate Zip coz3e Name of District Course No.and Title EDP Tea Cher Fee 1CR IQ?! Z!EU Special Districts Board Secretariat Seminar 801 72885 Jack Harris 1 $9 1:1 0 0 If using Bank Americard or Mastercharge give Account Number here: Expiration Date: And Your Authorizing Signature: El BA 0 MC As required by Title IX of the Educ.Amend's. of 1972(42CFR 86),the Univ.of Calif.does not discriminate on the basis of sex in admission to or employment in educational programs and activities which itor4erates. Direct inquiries concerning Title IX to Cam- pus Coord, — Title IX, UCSB,Santa Barbara,CA 93106 or Dir.,Office of Civil Rights,D.H.E.W.,Wash.,D.C. 863 1 I I HOW TO ENROLL FOR THE SECRETARIAT SEMINAR Mail the application form provided above in this bulletin. You may pay by check, BankAmericard, Master- charge, or purchase order. The full fee, purchase order or authorization to bill must accompany application. If you have questions, contact Mrs. Joan Vilbrandt, (805) 961-4162. FEE $90 includes course materials, luncheon Wednesday and Thursday, Thursday evening banquet, parking, coffee breaks,and CSDA reception Thursday evening. PARTICIPANTS Application for enrollment may be made by individuals or by districts on behalf of their participating members. Districts are encouraged to send teams to attend both the Secretariat Seminar and the CSDA convention. HOW TO REGISTER FOR THE 9th ANNUAL CALIFORNIA SPECIAL DISTRICTS ASSOCIATION CONFERENCE Enrollment in the Secretariat Seminar does not include conference registration. Those who wish to register for the CSDA Conference should mail their registration fees along with name and address to: CSDA, 1966 Olivenhain Rd., Encinitas, CA 92024, Phone: (715) 753-6466. FEE $57.50 preregistration; $62.50 at the door — includes all conference activities, breakfast Thursday and Friday, luncheon Wednesday and Thursday,Thursday banquet and CSDA reception Thursday evening. Write or call CSDA for a brochure describing the conference in detail. HOW TO RESERVE HOTEL ACCOMMODATIONS Arrangements have been made for a special rate for those who make reservations at the Best Western Convention Center Hotel, (formerly Buena Park Convention Center Hotel), 7675 Crescent, Buena Park 90620. Call (714) 995-1111 or mail your reservation directly to the hotel.There is airline service into Orange County airport, Long Beach airport and Los Angeles airport, with airport coach available to the hotel from both Orange County and Los Angeles airports. Hotel limo service is available from Orange County airport as well. RATES $24 single room; $28 double room pro ra M sched le wednesday, seprtember 21, 1977 10:00 am - 12 noon Registration 12 noon - 1:30 pm Luncheon 1:45 pm- 3:00 pm Special District Government — Jack W. Harris An overview of special district government.General characteristics. Relationship to other local,state and regional governments. Unique functions of special districts. Revenues and expenditures.The secretariat as the administrative unit of special districts. Role and functions of the secretariat. Relationship to board and management staff. 3:15 pm- 5:00 pm Functions and Duties of the Secretariat — Dorothy Lyman Reports. Records maintenance.Codification and indexing of documents.Minutes. Board records. Correspondence. Preparing legal instruments and documents, antra-board and inter-governmental communication. Preparing for the board meeting. Rules of order. 6:00 pm- 7:00 pm Get Acquainted Hour flX rsday, x�ber 22, 1977 9:00 am-1 1:45 am The Changing Role of the Secretariat— Dorothy L. Griffin Understanding the role of the secretariat staff. Building and maintaining the district image. Increasing your effectiveness. Personal and professional goal setting.Setting priorities. Coping with workload and job demands.Communicating effectively. Improving relation- ships. Identifying job-related growth objectives. 12 noon- 1:30 pm Luncheon 1:45 pm- 5:00 pm The Secretariat and the Law— Richard T. Anderson Basic principles of special district law. Special District types and their organization, financing and public regulations. References.The election code.Appointments. Financial requirements.Annexations. Local consolidations. Local Agency Formation Commission. Grants and contracts. Procedure for federal funding.Drafting resolutions and legislation. The role of the secretary.The role of legal counsel. Conflicts of interest, 6:00 pm-7:15 pm Reception 7:15 pm CSDA Banquet faraday, sep hnit r 23, 1977 9:00 am-1 1:30 am Public Contact — Benjamin I. Young,Jr. Dealing with the consumer of your district's service.Public relations on a personal basis. Improving the person-to-person transaction.Tools and techniques you can use to improve quality of service. Handling frustrating people. Handling your own frustrations.Balancing between client needs, public interest and district operating procedures.Applying a broader range of behaviors and personal styles in dealing with the public. 11:30 am-1 1:45 am Concluding Remarks — Jack W. Harris MOTE: Each morning and afternoon session includes a coffee break. the se cia I seminar leaders distric Richard T. Anderson,J.D., is with the law firm of Best, Best & Krieger. His firm is general counsel to California Special Districts Association and has long been active in legal affairs r� for special districts throughout the state. He is a lecturer in both the Presidents' and Board Members' Institute and the Q/"''�► Advanced Studies Program in Special Districts Management. wire- riat He also serves as legal counsel to a number of special districts. ■ seminar Dorothy L. Griffin, Director, Professional Educational Growth Services, is an experienced consultant in office management and secretarial development. Through her company she has prtC„ offered in-house training seminars in time management, super- vision, communications and human relations to hundreds of persons in local government throughout the United States. Every special district has a Secretariat —the She is a regular lecturer for University of California Extension. person or persons who make up the adminis- trative arm of the special district leadership team. The Secretariat in a special district Jack W. Harris, coordinator of the Secretariat Seminar, is a may consist of an officer of the Board, Continuing Education Specialist with University of California appointed to the responsibility by fellow Extension, Santa Barbara. As Director of Education for Board members,or an administrative staff CSDA, Mr. Harris developed and coordinates the Advanced member of the district. Districts which have Studies Program in Special Districts Management and the heavy volume may require a recording Presidents' and Board Members' Institute. secretary,correspondence secretary and one or more assistants,while other districts com- bine the Secretariat function with another Dorothy Lyman holds the CIVIC designation as a Certified office of the district,such as Secretary- Municipal Clerk by the International Institute of Municipal Treasurer.Whatever staffing pattern your Clerks and is an instructor in the UC Santa Cruz Extension special district follows,the Secretariat program in continuing education for public officials, including Seminar will give Board Secretaries a com- the New City Clerks Workshop. Long active in local govern- prehensive view of their duties and ment education and policy matters, Mrs. Lyman is past responsibilities,and familiarize them with president of the City Clerks Association of California. various means by which they may increase the effectiveness of special district services Benjamin 1. Young,Jr. has been a self-employed Training and to the public. Development Consultant since 1965. He has worked with over 100 different organizations, both public and private, in a variety of fields, locations and situations. The prior 15 years purposes of his career were spent in Systems and Procedures, Office Management and Personnel and Training. 1. To help the Special District Secretary to maximize the Board's effectiveness. 2. To assist the new Secretary to gain a com- prehensive view of duties and responsibilities. 3. To improve working relationships, teamwork, and interchange of ideas in Board operations. course materials 4. To serve as a refresher for the experienced Board Secretary. 5. To increase the effectiveness of communi- A comprehensive desk manual containing sample forms and cation between the Special Districts and documents is provided each participant. other government agencies. i RFGFII/r7n i 1 9 1977 the university of • extension, santa barbara in cooperation the california specialdistricts association 9th annual conferencesents the special i ricts board SeMinar REGISTRATION INFORMATIONvvedr*wAlay, thursday, • FOR CSDA CONFERENCE, HOTEL RESERVATIONS AND •t" • 13 ENROLLMENT FOR SECRETARIAT SEMINAR: convention park, ON BACK PAGE 164417MB23 6274315 MTD PRNT_NSULA ARC F PARK DTST Non-ProfitOrg. M AGRP U.S. POSTAGE 745 DTSTEL DRIVR PAID L OS ALTOS Santa Barbara CA 94 n 22 California Permit No. 104 EAST BAY REGION 4RK DISTRICT t ' r 11500 Skyline BL ,vard, Oakland 94619 (Grace Lewis--531-9300) August 26, 1977 FOR IMMEDIATE RELEASE The East Bay Regional Park District will retain the same tax rate of the past two years : 20.4 cents per $100 of assessed valuation. The action of the EBRPD Directors, taken at a special public hearing Friday afternoon (8/26) in Oakland City Hall , was among the rash of tax-setting decisions by public agencies to meet next Thursday' s deadline. The Boards of Supervisors in Alameda and Contra Costa must act on the tax rates on or before September 1. The identical tax levy will underwrite the Park District 's $26,328,947 budget for 1977-78, the largest in its 43 years of operation, which was adopted in June with the blessing of grand juries, taxpayers' associations and other informed community-action groups throughout the two counties . Casting the sole dissenting vote was Mary Lee Jefferds, Director from Berkeley, where 30.5 cents has been lopped off the city tax rate. And, the only outside speakers, despite the usual pleas from President John J. Leavitt of Alameda that the public join the elected Board in all discussions of EBRPD finances, were staff representatives of the taxpayers' associations of Alameda and Contra Costa Counties. ! They asked that the Board stick with its original revenue projections, established when making up the 1977-78 budget . This would have lowered the rate to 19.2 cents. I Representing the Alameda Association was Executive Vice- President James R. Garrett , and from the Contra Costa organization, James L. Cawdrey, Executive Vice-President , and R.S. Radford, Research Assistant . One of the bugaboo 's of the EBRPD Board in adoption of the current budget was a $395,582 deficit . "This so-called 'windfall ' resulting in increased property taxes will wipe out this deficit and also generate about $360,000 that can be applied to items we cut out of the budget or ' o g p sssbles that have since become realities , " Finance Chairman William F. Jardin of San Leandro explained. i MORE-- Page Two. . . TAX niTE Listed by Jardin as possible "beneficiaries" of the additional funds included the improved access into Garin Regional Park, Hayward, and San Leandro Bay and Martinez Regional Shorelines. The San Leandro Director, who spent many days with Directors Howard L. Cogswell of Hayward and Harlan R. Kessel of Oakland going over the $26 million budget line by line before its adoption, pointed out that the Park District legally could have boosted its levy to 21.2 cents in an override for debt service. President Leavitt , who "arms himself" with a pocket calculator for every Board session, translated the overall tax-rate-setting picture into terms of "common sense" meaning for every property taxpayer. He said that the Park District had polled 19 major local agencies this week on their rate anticipations and discovered that some are lowering their rates ; some putting them up, and some staying the same. "Throwing the ups and downs together, we found that the average was a reduction of 2 percent . "If the Park District reduced its tax rate at this same level --one-fourth of a cent--the annual homeowner 'saving' would amount to 25 cents on a $40,000 home, " Leavitt declared. Staunchly backing Jardin and the Finance Committee, Leavitt listed seven other areas in the two-county burgeoning EBRPD operation that will be considered by the Board for receiving additional funds this year. Leavitt 's list included: additional fire fighting equipment ; reseeding of lawns and replanting of vegetation lost in the drought ; retirement of the debt on the EBRPD pension program; setting up a fund to cover an Unemployment Insurance Program; substantial improvement and expansion of EBRPD headquarters on Skyline Boulevard, Oakland; setting up a reserve for uninsured losses , and capital equipment that was knifed out of the current budget . Leavitt and Jardin cited the lack of opposition to the current budget and the 94 percent expression of satisfaction with EBRPD by East Bay adults as evidence that "taxpayers feel they are getting their money's worth" and favor "continuing our program. " Leavitt pointed out that two city park and recreation districts --Hayward and Livermore--with tax rates of 60.9 cents and 65.58 cents per $100 of assessed valuation (more than triple the East Bay Regional Park District "take" from property taxes) are also holding to the same ###Arl#### levels as last year. Revised C-77-19 September 14, 1977 Meeting 77-22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S. Amount Name . . . . . Descr tiori . . . . . . . . . . . . . . . 162 $ 752.76 Pacific Telephone Co. Telephone Service 163 36.00 Western Real Estate News Subscription 164 233.30 Shell Oil Co. District Vehicle Expense 165 246.23 Mobil Oil Corporation District Vehicle Expense 1.66 49.50 Official Court Reporter Official Documents 167 1,728 .97 Birnie Lumber & Fence Co. Improvements -68 1,142.00 AAA Fence Co. Operating & Maint.-Fremont Older 1.69 74 .69 Diversified Transportation, Parcel Delivery Service 70 19.97 Foster Bros. Security Systems Field Supplies-Keys 1.71 68.50 Dick Bruhn, Inc. Ranger Uniforms ?_72 163 . 27 Hubbard & Johnson Operating & Maint.-Fermanente Creek 173 11.93 Peninsula Blueprint Service Maps & Mapping L74 60.00 Sorensen Signs District Vehicle Expense L75 144.48 A & K Railroad Materials, Inc. Improvements-Permanente Creek =_76 4.34 Morse-Starrett Products Co. Field Supplies '._77 56. 44 Western Fire Equipment Co. Field Supplies & District Vehicle Ex' L78 115.89 Eric Mart Plumbing-Permanente Creek _79 35.00 Cabrillo College i Professional Services 180 12.50 U. S. Geological Survey Maps & Mapping _81 1,231.68 Northern Bank Note Co. Printing-Promissory Notes '_82 115.39 Red's Sharpening Service Maint. & Repair-Field Equipment r83 40.00 County of Santa Clara Maint. & Repair-Field Equipment 84 225.56 Sunnyvale Dodge District _Vehicle Expense 85 25.00 National Trust for Associate Membership Historic Preservation `..86 430.Op Barbara Kent Consulting Services-Fremont Older _87 41.85 Cynthia DiGiovanni Private Vehicle Expense i_88 40.00 Foothill Electronics Museum Earthquake Brochures '_89 67.34 Herbert Grench Meal Conferences 190 2, 183.27 Gregory Archbald Professional Services _91 2,500 . 00 John Melton Consulting Services -92 850 .00 First American Title Ins. Co. Preliminary Reports r Amount Name Descri tion 193 $ 476.24 Xerox Corporation Duplicating Expenses 194 25.46 Stanley R. Norton Telephone & Copying Expenses 195 41.97 Young & Associates Office Supplies 196 32.73 Central Radio Telephone Telephone Service 197 64. 20 Kelly Services, Inc. Temporary Office Help 198 2.65 Peninsula Conservation Center Library Gift Shop 199 31.39 Norney's of Mt. View Office Supplies 200 84.85 P. G. & E. ' Utilities 201 146.71 Savin Business Machines Corp. Equipment Rental-Office 202 318.00 Los Altos Garbage Co. Utilities-Fremont Older, Permanent:, G Creek & Monte Bello ', 203 37.07 Four Point Rents Equipment Rental-Field 204 182.03 Minton's Lumber & Supply Operating & Maint.-Permanente Creel- & Saratoga Gap 205 15.98 Judy Frosch Field Supplies 206 30.00 Margaret E. Wilkinson Consulting Services 207 26.06 San Jose Art/Paint & Wallpaper Maps &Mapping 208 27.19 Kragen Auto Supply District Vehicle Expense 209 5.50 Lawrence Tire Service, Inc.. District Vehicle Expense 210 57.00 Lutz Ford Sales, Inc. District Vehicle Expense 211 283.88 Orchard Supply Hardware Operating & Maint.-Permanente Cree'.: & Fremont Older 212 10.65 Carolyn Caddes Photograph-Fremont Older 213- 63. 66 California Water, Service Co. Utilities-Permanente Creek 214m ' 371.00 Towill, Inc. Aerial Photographs 215, 457. 36 Gregory Archbald Professional Services 216 16. 58 Herbert Grench Meal Conference 217 3.50 Los Gatos Times Observer Additional Copies 218 3.25 Superintendent of Documents Library 219 2,500. 00 Santa Clara Valley Water Cost Sharing Agreement-Stevens Cre= District Study 220 198.41 Best Products Co. , Inc. Film & Supplies 221 19 . 01 Foster Bros. Security System Field Supplies 222 561.86 Xerox Corporation Duplicating Expense 223 28. 50 German Travel Service Air Travel-Sacramento 224 34 . 65 Pat Starrett Private Vehicle Expense 225 6 .00 Official Court Reporter Official Documents 226 6 .00 League of Women Voters Conference I' 1 # Amount Name Description 227 $216.16 Petty Cash Meal Conferences Private Vehicle Expense Office Supplies Field Supplies Postage Subscriptions Return of Salary Advances Library 'Y