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HomeMy Public PortalAbout19860514 - Agendas Packet - Board of Directors (BOD) - 86-12 Meeting 86-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING Old Mill Office Center BOARD OF DIRECTORS Building C; Suite 135 n' Wednesday 201 San Antonio Circle May 14, 1986 A G E N D A Mountain View, California (SEE ENCLOSED MAP) (7:30)* ROLL CALL APPROVAL OF MINUTES (March 26, 1986; April 9, 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7:45) 1 . Approval of Agreement with Stone and Youngberg to Serve as Managing Underwriters of Negotiable Promissory Notes -- M. Foster (7:55) 2. Final Adoption of the Revised Use and Management Plan for Rancho San Antonio Open Space Preserve -- D. Hansen (8:15) 3. Final Adoption of the Interim Use and Management Plan for the Eilertsen Property Addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve D. Hansen (8:20) 4. Amendment to the Fremont Older Open Space Preserve Use and Management Plan for Construction Approval of a County Trail to Cross One-Half Mile of the Preserve D. Hansen (8:30) 5: Legislative Program -- H. Grench a. Update and Proposed Additions to Legislative Program b. Report from CPRS Legislative Conference and Authorization of Expenses for Director's Attendance (8:45) 6. Clarification of Questionnaires Regarding Use of Brown Act, Acquisition of Lands Outside District Boundaries, and Annexation — Eminent Domain Committee (R. Bishop, N. Hanko, D. Wendin) (8:55) 7. Directors' Compensation -- Budget Committee (K. Duffy, T. Henshaw, D. Wendin) (9:10) 8. Amendment to Agreement with Foss and Associates for Personnel Consulting Services -- J. Fiddes (9:15) 9. Policy for Payment of Professional Dues and Memberships -- H. Grench (9:20) 10. Staff and Docent Recognition -- K. Duffy (9:30) 11 . Rescission of Consent for Gill Industries to Sublease Communications Lease C. Britton Resolution Approving Mutual Rescission of Consent to Sublease with Gill Indus- tries, Inc. , A Delaware Corporation (Monte Bello Open Space Preserve - Black Mountain) (9:35) 12. Discount Purchase of Bell Notes -- C. Britton Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin SPECIAL ORDERS OF THE DAY (9:40) 1 . Introduction of Docent Trainees -- D. Hansen (9:45) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land NegotiatioK and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you'te concerned with appears on the agenda, the Chait Witt invite you to addAuz the Boatd at that time; on otheA matteu, you may addkers the Board under Otat Communicationz. (An aftetnative is to comment to the Board by a WAitten Communication., which the Board appteciata.) Each .speaker wiU- otdinaAity be timited to 3 minutes. When recognized, pteaze begin by stating your name and adduss. We tequest that you 6iU out the Ao,%m provided and ptesent it to the Recotding Secu-tany Aso that your name and addt"s can be accuAatety included in the minutes. NOTICE OF SPECIAL MEETING There will be a Special Meeting of the Board of Directors on Saturday and Sunday, May 17 and 18, 1986 at Monterey, California. The Saturday Meeting will convene at 10:00 A.M. in the Conference Room of the Monterey Bay Aquarium and the Sunday Meeting will convene at 9:00 A.M. for a field trip to Monterey Peninsula Regional Park District facilities. The public may attend and should contact the MROSD office at (415) 949-5500 for additional information. NOTICE OF COMMITTEE MEETINGS The Budget Committee will meet to discuss preparation of the budget for the 1986-87 fiscal year at the District office on May 12 at 1 :30 P.M. ; May 14 at 3:15 P.M. ; May 16 at 2:00 P.M. ; and May 20 at 2:30 P.M. Meetings are subject to change. Contact the District office at (415) 949-5500 to confirm dates and times. Meeting 86-07 All MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Building C, Suite 135/201 San Antonio Circle Mountain View,CA 94040/(415)949-5500 REGULAR MEETING BOARD OF DIRECTORS MARCH 26 , 1986 MINUTES I. ROLL CALL Vice President Daniel Wendin called the meeting to order at 7 :35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, Harry Turner, and Richard Bishop. Member Absent: Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, Del Woods , James Boland, Cecilia Cyrier, and Doris Smith. II . APPROVAL OF MINUTES March 12 , 1986 D. Wendin requested that Senate Bill 1717 , the California Agricul- tural , Natural, and Park Lands Conservation Bond Act, referred to on page 7 , item F, be identified by name and not solely by number. Motion: K. Duffy moved the approval of the minutes of March 12, 1986 with D. Wendin 's correction. H. Turner seconded the motion. The motion passed 6 to 0. III . WRITTEN COMMUNICATIONS D. Smith stated that the Board had received the following written communications : 1) a letter dated March 12 , 1986 from Harry H. Haeussler, Jr. , 1094 Highland Circle, Los Altos , urging the Board to include greater development of open space in budget considerations; and 2) a letter from Christine Fessle.r, of the Crippled Children 's Society, regarding their request to construct a riding ring on a portion of the Monte Bello Open Space Preserve, H. Grench advised that a draft response for each letter was attached for the Board ' s consideration. H. Haeussler stated that he did not expect an answer to his letter since it was intended to be an infor- mational item to the Board. N. Hanko requested the reference to Phase I of the Skyline Ridge Open Space Preserve Master Plan be de- leted from the response to Mr. Haeussler. D. Wendin directed that the draft responses be sent, and he stated that it was the consensus of the Board to strike the reference to Phase I of the Skyline Ridge Open Space Preserve Master Plan from paragraph three of the letter Meeting 86-07 Page 2 , to Mr. Haeussler. D. Wendin noted that an agenda item concerning the riding ring at the Monte Bello Preserve would be considered at the April 9 Regular Meeting. IV. ORAL COMMUNICATIONS Charles Touchatt, 3200 Long Ridge Road, La Honda, presented the Board with 116 more signatures on the petition opposing the use of eminent domain for trails . D. Wendin asked if those asked to sign the petition were being shown the proposed policies regarding trails, and C. Touchatt replied that he did not know. Harry Haeussler, 1094 Highland Circle, Los Altos , said that he had ridden his horse to Black Mountain and he expressed his appreciation for the maintenance work which had been accomplished on the trails. Robert Fisse, Treasurer of the South Skyline Association, urged the Board to support San Mateo County Supervisor Tom Nolan 's proposed ordinance banning the sale and use of fireworks in unincorporated areas of San Mateo County. William Obermayer, 3200 Long Ridge Road, La Honda, asked that the topics of informational reports be listed on the agenda or stated at the beginning of a Board meeting so that members of the public would know what the reports would be. D. Wendin noted that no action could be taken on informational report items and that the minutes reflect what subjects were discussed. D. Wendin stated that the Board would think about Mr. Obermayer 's request. Mr. Obermayer also stated that he was confused about the District 's use of eminent domain inside and outside the District 's boundaries , and within the District's Sphere of Influence. N. Hanko requested that Mr. Obermayer put ut his ques- tions in writing to the Land Acquisition Policy Committee to be con- sidered and answered. Candace Stone, 22500 Skyline Boulevard, La Honda, asked where she could find laws regarding the use of eminent domain. She was advised to present her request in writing to the Land Acquisition Policy Committee for response. V. ADOPTION OF AGENDA D. Wendin stated that the agenda was adopted by Board consensus. VI. BOARD BUSINESS A. Second Reading of Revised Skyline Ridge Open Space Preserve Use and Management Plan (Memorandum M-86-30 of March 26 , 1986) D. Woods said that the amendment calling for the initiation of a fisheries monitoring program to be conducted in fiscal year 1986- 1987 was added as item 10 in the Use and Management Plan Summary chart attached to the staff report. He also discussed the analy- sis of the effects of moving the Horseshoe Lake restoration project forward to fiscal year 1986-1987 , and he noted the reasons staff felt the major portion of the project should remain sched- uled in 1987-1988 . N. Hanko stated that she was pleased that the fisheries study was being moved forward and asked that she be kept informed of the consultant 's findings . Meeting 86-07 Page 3 Robert Fisse, referring to Item 21 on the planning study for the Historical Society proposal , stated he had discussed the matter with Tony Look of Sempervirens Fund, and their joint study will commence soon. He was directed to contact D. Hansen as soon as he and Mr. Look had completed their discussions . In response to a question from William ObermaY er regarding ardin the taking of water quality samples from Peter 's Creek, D. Hansen sta ted the mon�.t orin ro cess had no t et g been P y started. Motion: H. Turner moved that the Board adopt the Revised Use and Management Plan for Skyline Ridge Open Space Pre- serve as contained in report R-86-18 and as amended in memorandum M-86-30 . N. Hanko seconded the motion. The motion passed 6 to 0 . B. Long Ridge School Road Agreement (Memorandum M-86-31 of March 20, 1986) D. Hansen reviewed the staff report and noted that renewal clause (Item 6 of the proposed agreement) was a major item of concern of the Portola Park Heights residents. D. Wendin noted that two issues of concern had been expressed by the Portola Park Heights residents : 1) The residents ' concern that by signing the letter they would be forfeiting their road rights; and 2) the lack of permanence in Item 6. William Obermayer stated his objections to the proposed agreement, stated that the road had been open to the public since 1968, and made suggestions on changing Items 1, 2 , 5 and 6. Charles Touchatt stated that it is crucial that an equitable agreement be reached between the District and neighbors providing for an emergency exit. He said that he would not sign the present agreement as long as Item 6 remained in the agreement. Candace Stone suggested that residents be allowed to put their own lock on the gate and sign a hold harmless document. Sandra Touchatt stated she disagreed only with Item 6 . Discussion centered on the permanence of the agreement and the effects upon the District of such an agreement. R. Bishop stated that he felt it was the Board 's intent to allow the agreement to be renewed automatically, but that the Board could not say that the agreement would be per- manent because property rights are involved. T. Henshaw stated that the concern of the District was individual abuse, not abuse by the residents as a whole. She suggested that if the agreement could be rewritten to deal with the individual, rather than the group, it would answer the legitimate request of the neighbors . Robert Fisse suggested the reference to termination be deleted from the agreement since it was one-sided in the District ' s favor and that the District give the residents 90-days notice regarding a change in the agreement. D. Wendin stated that one problem with Item 6 was the absolute discretion on the District 's part to terminate an agreement and that he was reluctant to have an agreement that is forever open- ended because the District, as a public agency, needs the ability to act and make changes if necessary. He discussed the inclusion Meeting 86-07 Page 4 of a standard of good cause so that the District could not act arbitrarily to terminate the agreement. Motion: D. Wendin moved that the Ad Hoc Committee comprised of T. Henshaw and himself be authorized to work with the Portola Park Heights residents to modify the agreement and include language in Item 6 which added a standard of good cause or good faith. T. Henshaw seconded the motion. Discussion: H. Turner said he would like to see a short, simpler, and more readable agreement. N. Hanko stated her support for H. Turner 's suggestion, as well as for D. Wendin 's motion. D. Wendin stated it was the Board 's consensus to have a shorter and simpler agree- ment. The motion passed 6 to 0. C. Proposed Addition to Skyline Ridge Open Space Preserve (Bullis Property) (Report R-86-23 of March 21, 1�986) C. Britton referred to a wall map to show the location of the 54 acre improved Bullis property, and he reviewed the terms of the agreement as stated in the staff report, noting the total purchase price was $813 ,000 . He noted that the sum stated in Section 5 of the Resolution should be changed to $209,500 in- stead of $210 ,000 . He reviewed the planning and lease process for the buildings on the property as outlined in Section H.5. ,, of the staff report.! D. Hansen reviewed the Interim Use and Management Plan recom- mendations , and he showed slides of the property. He stated that the site will be open to the public following the installa- tion of trail circulation and private residence signs within the lease area, and private property signs on trails leading to adjacent parcels. He stated the property will eventually be studied in connection with the Master Plan for the Skyline Ridge Open Space Preserve. R. Bullis addressed the Board on the sale of his property and his negotiations with C. Britton. Motion: D. Wendin moved that the Board adopt Resolution 86-21, as corrected, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Author- izing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Skyline Ridge Open Space Preserve - Bullis Property) . , H. Turner seconded the motion. The motion passed 6 to 0 . Motion: D. Wendin moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in staff report R-86-23 , including authorizing staff to negotiate and execute an interim master lease or month- to-month tenancy, not to exceed one year beyond the Bullis ' occupancy date , indicate the Board ' s intention to withhold the property from dedication as public open space, and name the property as an addition to the Sky- M., eting 86-07 Page 5 line Ridge Open Space Preserve. H. Turner seconded the motion. The motion passed 6 to 0 . D. Wendin called for a brief recess at 8 :55 P.M. and the meeting reconvened at 9 :00 P.M. D. Joint Powers Agreement with the Town of Los Gatos (Report R-86-21 of March 18, 1986) H. Grench advised that, since the Board 's approval of the acqui- sition of the Eilertsen property addition to the Sierra Azul Open Space Preserve on February 26 , 1986, the Los Gatos Town Council had approved the Joint Powers Agreement on March 17, 1986 pro- viding for a $115 ,000 contribution toward the project cost. D. Wendin noted that the District had given the Town of Los Gatos a restrictive easement over the entire property as stipulated in the agreement. Motion: K. Duffy moved the adoption of Resolution 86-22 , a Reso- lution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Joint Powers Agreement for Purchase of Real Property, Authorizing Officer to Execute Park, Recreation, Scenic and Open Space Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Eilertsen Property) . H. Turner seconded the motion. The motion passed 6 to 0 . E. Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1986-1987 (Report R-86-06 of March 19 , 1986) H. Grench introduced the staff report. C. Britton , D. Hansen, and J. Fiddes provided brief overviews of their respective pro- grams. D. Wendin stated it was the consensus of the Board to address the Master Plan Timetable at the end of the agenda item. M. Hale reviewed the revised proposed Communications Program ob- jectives for fiscal year 1986-1987 , and said that the District 's move to a new office location would be a propitious time to imple- ment new graphic identity and image programs for the District. She stated that new projects proposed for the coming year included a visitor guide, a special one-time issue of Openspace in a new magazine format, and the formal printing of an annual report in a newsletter format. D. Wendin noted that the old newsletter format of Openspace had served its purpose, and it is important to consider changing the way the message of open space is disseminated and publishing it in a more timeless method. He noted that, if the Communications Program is adopted, the old newsletter format would only be used for the publication of an annual report. R. Bishop stated he wanted to think more about the magazine format and asked if the Board would be making a later decision on changing Meeting 86-07 Page 6 formats . M. Hale replied that her intention was to set up the magazine in typeset form only and then return to the Board for final approval along with cost estimates for publication. M. Hale stated that a period of about six to seven months would be required to assess the public opinion of the new magazine format. N. Hanko stated that she felt special attention should be placed during the coming year on communicating with the people who live in the District 's acquisition planning area. She said she would like to see a Key Project that would state that the staff would assist the Board in the development of a Good Neighbor informa- tion and communication program. D. Wendin stated it was the con- sensus of the Board that item 6 of the 1985-1986 Public Partici- pation and Education Subprogram be carried forward as a Key Pro- ject for fiscal year 1986-1987 . K. Duffy stated the importance of keeping the Board informed on communication procedures, and she suggested that M. Hale might want to give consideration to having a workshop with the Board as her plans for the Communications Program develop. Motion: K. Duffy moved that the Board adopt the Preliminary Ac- tion Plan as amended. T. Henshaw seconded the motion. The motion passed 6 to 0. D. Hansen explained how the Planning Process Timetable for the District Master Plan update was developed. Discussion centered on the timing for delineation and implementation of the Master Plan Update was developed. Discussion centered on the timing for delineation and implementation of the Master Plan .update , methods to speed up the process, and the definition of a community. Motion: D. Wendin moved that the Board designate the second Regular Meeting in May as the date for presentation of a detailed schedule with the process to start June 1, 1986. R. Bishop seconded the motion. The motion passed 6 to 0 . Motion: N. Hanko moved that the Board develop policies for trail connections which will be used as one of the criteria for evaluating the process. D. Wendin seconded the motion. The motion passed 6 to 0 . VII * INFORMATIONAL REPORTS D. Wendin announced that the Land Policy Acquisition Committee would meet on Wednesday, April 2 . A tentative date of April 23 was set for the Board to consider the Committee 's report regarding use of eminent domain. H. Grench reported to the Board on his attendance at the 14th Congress of the International Federation of Parks and Recreation Administrators . H. Hanko asked staff to study a proposed ordinance by San Mateo County Supervisor Tom Nolan that would prohibit the sale and use of fireworks in the unincorporated areas of San Mateo County. R. Bishop requested an item be placed on the next agenda to consider adopting a resolution in support of Supervisor Nolan 's proposed ordinance. Motion : R. Bishop moved that the Presiding Officer write a letter in general support of Supervisor Nolan 's ordinance and that the Meeting 86-07 Page 7 Board consider a formal position in support of the ordinance at the Regular Meeting of April 9 . H. Turner seconded the motion. The motion passed 5 to 0 . D. Hansen showed slides of the Monte Bello Road bypass section at Picchetti . VIII . CLAIMS Motion: D. Wendin moved the approval of Revised Claims 86-07. R. Bishop seconded the motion. The motion passed 5 to 0. T. Henshaw was not present for the vote. IX. CLOSED SESSION S. Norton stated that litigation items to be discussed in Closed Session fell under subdivision (a) , (b) (1) , and (c) of Government Code Section 54956. 9. The Board recessed to Closed Session at 10 :35 P.M. X. ADJOURNMENT The Board reconvened to adjourn at 11 :48 P.M. Doris Smith Secretary l CLAIMS No. 86-06 Meeting 86-07 MIDPEi~JIlti7, A REGIONAL OPEN SPACE DIu RICT Date: March 26, 198, C L A I M S REVISED n Amount Name Description 9269 94.65 Adia Personnel Services Temporary Office Help 9270 13.64 AmeriGas Tank Rental. 9271 240.00 A-1 Septic Tank Service, A nc. Septic Tank Maintenance 9272 3,300.00 Balch Petroleum Contractors Removal of Underground Gas "Sank 9273 29.57 L. Craig Britton Reimbursement--Out-of-Town Meeting Expense 9274 194.16 California Water Service Company Water Service 9275 213.00 Communications Research Company Radio Service 9276 3,282.15 Creegan & D'Angelo Novitiate Boundary Survey ` 9277 197.75 Alice Cummings Reimbursement--Conference Registratia- I and Film 9278 29.00 DFM Associates California Election Code Book 9279 225.00 First American Title Guaranty Co. Preliminary Title Report 9280 470.80 General Electric Company Radio Batteries 9281 20.75 General Telephone Company Telephone Directory Listing 9282 $50.00 Raye Girauard Patrol Services--March and Partial Payment of Fee Increase 9283 41 .00 Graphicstat, Inc. Artwork Enlargement 9284 345.66 Herbert Grench Reimbursement--Conference Expense 9285 240.00 Hammon, Jensen, Wailen & Associates Aerial Photographs 9286 178.88 David Hansen Reimbursement--Out-of-Town Meeting J 9287 485.00 Los Altos Garbage Company Dumpster Rental 9288 282.60 Meredith Newspapers Advertisement for Receptionist and Administrative Assistant 9289 103.41 Minton's Lumber & Supply Field Supplies 9290 45.00 National Recreation and Park Subscription Association 9291 384.79 On-Line Business Systems, Inc. Computer Services 9292 238.94 Orchard Supply Hardware Field Supplies 9293 8.12 Pacific Gas and Electric Company Utilities 9294 118.00 PAD Travel Inc. Out-of-Town Meeting--L. Craig Britton 19295 44. 14 Pitney Bowes Postage Meter Rental 9296 43. 13 Precision Engravers, Inc. Name Badges 9297 325.60 San Francisco Newspaper Agency Advertisement for Administrative Assistant 19298 565.80 San Jose Mercury News Advertisement for Receptionist and Administrative Assistant CLAIMS No. 86-06 Meeting 86-07 MIDPENINS REGIONAL OPEN SPACE DIS�.SICT Dates March 26, 19861 ' C L A I M S REVISED n Amount Name Description 9299 1 ,418.49 County of San Mateo, Tax Collector Property Taxes 9300 1 ,297.21 County of Santa Cruz, William P. Property Taxes Murphy, County Tax Collector 9301 p1155.99o8 Skyline County Water District Water Service 9302 ;886:88 . Stewart Title of California Land Purchase--8ullis 9303 54.47 David Topley Reimbursement--Field Supplies 9304 53.71 Sandy Voorhees Private Vehicle Expense 9305 315.25 Rich Voss Trucking, Inc. Field Supplies 930& 905-73 Xerox Corporation Supplies and Maintenance Agreement 9307 290.02 Yardbird Equipment Sales Field -Equipment 9308 500.00 . United States Postmaster Postage Meter 9309 150.75 Petty. Cash Meal Conferences, Film, Office Supplit and Private Vehicle Expense Claim 9189 approved at your February 26, 1986 meeting to First American Title Guaranty Company in the amount of $70,000.00 was reissued in the amount of $65,000.00 since an option payment of $5,000.00 had been previously issued. Meeting 86-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS APRIL 9 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 : 40 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Michael Foster, James Boland, and Emma Johnson. II. WRITTEN COMMUNICATIONS E. Johnson stated the Board had received the following written communica- tions: 1) a letter dated March 20 from Jobst Brandt regarding access to the ridges from Mt. Umunhum and Mt. Loma Prieta south to Mt. Madonna Park and urging the District to consider the area as a high priority open space goal, and 2) a letter received March 26 from Ross Henry , Executive Secretary of the Recreational Trails Committee of the California Department of Parks and Recreation stating the Committee 's recommendation that the Board re- tain the right of eminent domain to acquire critical trail links within the District's open space system. Staff 's draft replies from the President were attached. The President stated the consensus of the Board that staff proceed with replies to each letter, with a clarificiation to Mr. Jobst of where the District' s sphere of influence ends. III. ORAL COMMUNICATIONS There were no oral communications. IV. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus . V. BOARD BUSINESS 1. Resolution of Support for California Trail Days (Memorandum M-86-35 dated April 2, 1986) D. Hansen stated that the Governor had proclaimed April 19 and 20 as the First California Trail Days and that the District is an official sponsor for projects on April 19 at Fremont Older Open Space Preserve and May 3 at Purisima Creek Redwoods Open Space Preserve . He added that the Trails Information and Volunteer Center will coordinate the events and that the District' s Resolu- tion of Support would be used to foster further support and publicity . Ir Herter A.Grench,General Manager Board of Directors:Katherine Dully,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-08 Page two Motion: H. Turner moved that the Board adopt Resolution 86-23 , a Resolution of the Board of Directors of the Midpenin- sula Regional Open Space District Supporting the First California Trail Days on April 19 and 20, 1986. K. Duffy seconded the motion. The motion passed 7 to 0. 2. Proposed San Mateo County Ordinance Outlawing Sale and Use 'of Fireworks (Memorandum M-86-34 da H. Grench reported on the proposed San Mateo County Ordinance introduced by Supervisor Nolan that would outlaw the sale and use of fireworks in unincorporated areas of the County. H. Grench said that the District' s Legal Counsel had reviewed the ordinance and saw no negative effect on the District and that the ordinance, if passed, would be helpful to District Rangers in enforcing the District's ban on fireworks at Preserves. Motion: N. Hanko moved that the Board authorize the President to send the letter of support attached to the staff report for the proposed Ordinance of San Mateo County. H. Turner seconded the motion. The motion passed 7 to 01. 3. Support of Proposition 43 (Memorandum M-86-32 dated April 1, 1986) H. Grench stated that the Board had previously placed an "A" priority on support of SB 806 which passed and will place before the voters at the June, 1986 primary election a $100,000,000 bond issue known as the Community Parklands Act of 1986. He said the District would be eligible for a block grant (s) in the range of $800,000 to $900 ,000 according to preliminary information. He added that Press releases will be sent to the media and that letters to the editors of local newspapers from the Board members would be helpful. Motion: N. Hanko moved that the Board adopt Resoltuion 86-24 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Proposition 43 Which Places Before the Voters of California on June 3, 1986 a Bond Measure to Provide Funding for Parks, Recreation and Open Space for Development, Restoration, Land Acquisition and Other Related Purposes. H. Turner seconded the motion. The motion passed 7 to 0. H. Grench reported that SB 1717 had moved out of Senate Natural Resources Committee and that SB 1685 had moved out of the Senate Local Government Committee. 4. Appointment of Auditor for 1985-1986 Fiscal Year (Memorandum M-86-37 dated April 2, 1986) M. Foster noted that Deloitte, Haskins and Sells has served extremely well as the District' s auditors for 3 years and that the estimated cost of $6,500 for the current year is competitive with fees of other auditors. Motion: R. Bishop moved that the Board appoint Deloitte, Haskins and Sells as the District's auditors for fiscal year 1985- 1986 . K. Duffy seconded the motion. The motion passed 7 to 0 . 5. Scheduling of Special meeting in April (Memorandum M-86-33 dated April 2, 1986) H. Grench stated that there are lengthy items to be considered by the Board at its next Regular Meeting of April 23 and recommended the Board schedule a Special Meeting on April 16 . Motion: D. Wendin moved that the Board schedule a Special Meeting Meeting 86-08 Page three for April 16 at 7 :30 P.M. at the District office for items listed in the staff report and other items the President wishes to place on the agenda. E. Shelley seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS H. Grench reported that the Budget Committee will meet at the District office at 4 :15 P.M. on Monday, April 14, rather than Tuesday, April 15. He added that the Legislative Committee should schedule a meeting. It was agreed that the Legislative Committee would meet at 6: 45 P.M. at the District office on April 16. He reminded the Board of the No-So- Annual Regional Park and Open Space District Conference in Monterey on May 17 and 18 and noted that members of the public may attend. E. Shelley stated the Board' s consensus that the question of authorization of Directors' expenses would be placed on the April 16 agenda. D_ Hansen reported that he and K. Duffy had attended a Los Gatos Park Commission meeting regarding trails fencing adjacent to the Novitiate. There had been a suggestion that a committee be' established with the Commission, District, and neighbors to oversee the planning of the site and that he anticipates a letter will be forwarded to the Board with more information. He added that a field trip of. the site has been tentatively scheduled for April 26. C. Britton announced that the Town of Los Gatos Council has passed a resolution accepting the open space and recreation easement over the Eilertsen property. E. Shelley reported on election results of the City Council of Mountain View and asked staff to draft letters of congratulations to the winners. t N. Hanko reported on elections in East Palo Alto and asked that congratu- latory letters be drafted from her and H. Turner. H. Turner reported on the Portola Valley election, noting that the "rural" point of view was victorious and asked that letters be sent to the new council members. R. Bishop asked that letters of congratulations also be sent to the persons elected in the Redwood City Council race. VII. CLAIMS Motion: D. Wendin moved that the Board approve Revised Claims 86-07 . K. Duffy seconded the motion. The motion passed 7 to 0. H. Haeuss.ler asked about the claims for G.T.E. and DeHart' s Copy. J. Fiddes said she would report back to him on the two items. VTII . CLOSED SESSION The Board convened to Closed Session at 8 : 13 P.M. IX. ADJOURNMENT The Board reconvened to adjourn the meeting at 10: 45 P.M. Emma Johnson Secretary CLAIMS No.86-07 Meeting 86-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: April 9, 198 C L A I M S REVISED Tr Amount Name Description 9310 4.96 AT&T Consumer Products Telephone Equipment 9311 504.60 AT&T Information Systems Group Telephone Service 9312 45.00 AUG 9313 1,224,75 Baron Welding Registration--Workshop M. Foster Pipe Gates for Picchetti 9314 114,10 Alice Cummings Reimbursement--Private Vehicle Expense 9315 1,000.00 California Advoc ates, tes In c. Consultant Fee--March • 9316 6.1$ C1ark's Auto Parts 9317 439.99 DeHart's Copy District Vehicle Supplies Xeroxing of Map Books 9318 122.27 Discount Office Supply Office .Supplies 9319 12.26 El Monte Stationers 9320 96.13 John Escobar Office Supplies Reimbursement--District Vehicle Supplies 9321 16.40 Fish & Wildlife Reference Service Document 9322 73 ,80 GTE Directories Yellow Page Advertising 9323 350.00 Raye Girouard Patrol Services--April 9324 7.57 Harbinger Communications Computer Services 9325 200.00 Hodnick Design - 9326 61.60 Jobs Available Consulting Fee Classified Advertising 9327 50.00 Dr, Samuel McGinnis Honorarium--Docent Instruction 932$ 70.23 Mobil Oil Credit Corp. Gasoline for District Vehicles 9329 10.18 Norney's Office Supply Office Supplies 9330 7 ,048.30 Stanley Norton Annual Litigation Services and February Expenses 9331 6,700.00 Ortha Zebroski Survey & Design--Purisima Creek and Sky- line Open Space Preserves 9332 754.47 Pacific Bell 9333 98,00 PAD Travel Telephone Service Out-of-Town Meeting--H, Grench 933_'+ 15.00 People for Open Space 9333 22,16 Pete EZlis Dodge Annual Membership 9336 119.00 Pitney Bowes Vehicle Parts 9337 8,44 Rancho Hardware Postage Meter Rental Plumbing Supplies 9338 1,301.08 San Francisco Water Dept. 9339 3 = p Hassler Water Service 2 Highway Flares & Communication Services Santa Clara County GSA 9340 r7 :3 - Shell Oil Company Fuel & Services--District Vehicles 93 1-1 822,3$ Skye*ood Gas & Towing Fuel for District Vehicles 9342 60.00 Swan Graphics 93 43 35.00 Typesetting Mary Lou Taylor Honorarium--Docent Instruction 9344 85.00 University of California Extensior CLAIMS No.. 85-07 Meeting 86-08 April 9, 1986 REVISED Amount Name Description 9345 400.00 Valley Title Company Preliminary Title Reports 9346 66.99 Sandy Voorhees - Reimbursement--Private Vehicle Expense 9347 433.41 Voss Trucking Base Rock Repairs 9348 100..00 ZZZ Sanitation Coinpany Sanitation Services 9349 50.00 Mabel Crittendon Honorarium--Docent Instruction 9350 500.00 Foss & Associates s z tes Personnel Consulting Fee--March 9351 220.45 William Glass Trucking Base Rock--Road Repairs 9352 329.80 The Good Guys Audio System 9353 10.34 The Hub Schneider , Uniform Key Rings 9354 37.00 . Mary Hale Reimbursement--Audio System Deposit 9355 225.05, Petty Cash Meal Conferences, Field and Office Supplies, Film Processing, Express Mail and Private Vehicle Expense i r I I WRITTEN COMMUNICA N MEETING 86-12 MAY 14 , 1986 April 17, 1986 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Board Members _ Director Acknowledge/Respond Mid-Peninsula Open Space District _ staff Acknowledge/Respond 375 Distel Circle, Suite D-1 y'Draft Response Attached Los Altos, Ca. 94022 _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other Dear Members of the Board: I am writing because of my concern for the Rancho San Antonio Preserve. The wilderness at Rancho San Antonio, as I have known it for several years, appears to be changing. The animal population seems smaller. I haven't seen a coyote for three years, and coyote sightings used to be commonplace. Dozens of rabbits used to scurry about on the Rogue Valley trail, but there aren't many there anymore. The hiking trails get wider and wider, and less attractive. Large bridges replaced the simple foot bridges, and signs are everywhere. I am very much aware of the increased use of this preserve. However, please do not force the preserve to accommodate the public, when the results threaten its very purpose. Sincerely, F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 DRAFT RESPONSE FOR BOARD CONSIDERATION Thomasene R. Dutton 22687 Royal Oaks Way Cupertino, CA 95014 Dear Ms. Dutton: Thank you for expressing your concern regarding the use and manage- ment of the Rancho San Antonio Open Space Preserve. Your letter was reviewed by the District's Board of Directors at its May 14 meeting. The Preserve, as you are aware, has become more and more popular in the past years and because of its close proximity to the urban area, there does exist the potential threat of overuse. Where on the one hand it would be nice to limit its use to maximize site protection, it would also be an injustice to the community to have to turn visi- tors away who are seeking this refuge. The Preserve is obviously an extremely valuable resource; and its use must be carefully planned for in order to strike a balance be- tween use and protection. In accomplishing this , we invite the public to participate in the District 's site planning process where- by the management plans of all the Preserves are reviewed periodically. We are aware that you are on our mailing list for the Rancho San Antonio Preserve and would hope that you would reiterate your con- cerns during the regular Use and Management Plan Review of the Preserve . Thank you very much for your letter. Sincerely, Edward Shelley President Board of Directors ES/DW:ds cc : MROSD Board of Directors N=^�erz A.Grench,General Manager Hoard of Dtrectors:Katherine QAd1v.Nonetle G.Hanko.Teena HenAbat --Rinhard:S 1 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 DRAFT RESPONSE FOR BOARD CONSIDERATION Betty L. Ortez 309 Arbor Avenue Sunnyvale, CA 94086 Dear Ms. Ortez : Thank you for your recent letter g parking regarding arkin problems at g the Rancho San Antonio County Park. The District' s Board of Directors considered the letter at its May 14 meeting. I cer- tainly can appreciate your concerns on the matter. Unfortunately, the increase in public visitation to the County Park and adjacent Rancho San Antonio Open Space Preserve is beginning to overtax the existing parking facility with increasing regularity. District rangers have been assisting the County Parks staff with the management of the County parking areas for approximately six years, including the enforcement of parking regulations which naturally have been promulgated by Santa Clara County. The red curbing and prohibitive parking signs were also installed by the County to insure sufficient clearance for emergency vehicles. I shall be forwarding your comments to the Santa Clara County Parks staff, which at present is seeking funding for implementation of Phase II of the Rancho San Antonio County Park Master Plan, which includes expanded parking and restroom facilities for fiscal year 1986-1987. For best results , however, I sincerely urge you to share your opinions directly with the Santa Clara County Park and Recreation Commission or staff. Thank you. Very truly yours, David Wm. Hansen Land Manager cc: MROSD Board of Directors Michael Primac , Deputy Director Santa Clara County Park and Recreation Director 298 Garden Hill Drive Los Gatos, CA 95030 i Herbert A.Grench,General Manager Board o1 Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin '... WRITTEN CUMN' "ION RESPONSE ACT;ON P!q? MEETING 86-12 OSR BMEETING 'Board President Acknowledge/Respond MAY 14. 1986 Director I Acknowledge/Respond Staff Acknowledge/Respond X- Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per April 21, 1986 Board Directive(s) Other Midpeninsula Regional Park District 745 Distel Drive Los Altos, CA 94022 To Whom It May Concern: On Saturday, April 19, 1986, 1 received a citation at Rancho San Antonio County Park for parking in a red zone. (See attached copy of citation) The parking area for hikers is inadequate. There is an abundance of space for parking to be added in this area. With the stressful environment in Santa Clara County, the Rancho San Antonio County Park is a lovely site to visit and relax. However, it is not very relaxing to return to ones vehicle to find a citation. 1, along with other guests, checked all areas for available space. To be cited in this remote area makes me wonder if the law enforcement office does not have better matters to attend to than cite an otherwise law abiding citizen. Crime in the county is high! The area where I parked did not impede passage, nor would it have hindered in an emergency situation. This issue needs to be addressed. Sincerely, aZ6-;-1j Kar Allen 583 Trumbull Count Sunnyvale, CA 94087 RESPONSE ACTION PROPOSED BY STAFF WRITTEN COMMMICATI(Y Board President Acknowledge/Respond MEETING 86-12 Director Acknowledge/Respond MAY 14, 1986 _ Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) _ Other BETTY L. ORTEZ n 309 W. ARBOR BOR AVE. �f ►�/„„ �� SUNNYVALE, CA 94096 OTj q �n � 6 bL i tij-� 13,bj� o-o 0� -t7fa� 4( 4-Y s . c�A t�' 6L i Lul j U'SAJ jl� V/ f 0 Gv—e f — i G� J ,�,F �• J �� i I I II MIDPENINSIILA REGIONAL PARK DISTRICT 745 DISTEL DRIVE,LOS ALTOS 94022 3333 PHONE(415)965-4717 N O. NOTICE TO APPEAR On CURANCE TIT DPyY AF EEK 19 4-�1 1 fl M S r NAME(FIRS .MIDDLE.LASTI RESI SG CITY BUSINESS ADD SS w CITY DRIVERS LICEN N ` STATE CLASS BIRTHDATE SEX HAIR EVES HEIGHT WEIGHT OTHER DES. M F EMPLOYED BY BIRTHPLACE SOCIAL SECURITY NO. VEHI ICE ,NQ;i STA7J= V C ODEL q fY STYLE RR YEAR OF VEH. MAKE ICA /) �C►J VIQVTLONIF (C DE. TIO . DESCRIP ,O/N)���[�I` INFRACTION �C C �`, - ❑y BOOKING REQUIRED 'I EVIDENCE SEIZED �AIOLATIC?,�:) M I A D �� COMMITTED IN MY PRESENCE.CERTIFIED ON INFORMATION AND BELIEF. I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE HOWN ABOVE AT n SERIAL NO. FIC (y- CALIF. �( 1 ' PLACEI I AME OF RRESTING OFFICER-IF DIFFERENT FROM ABOVE SERIAL NO. ACATION DATES T WITHOUT ADMITTING GUILT, I PROMISE TO APPEAR AT THE TIME AND PLACE CHECKED BELOW. X SIGNATURE ❑ MUNICIPAL COURT ❑ JUVENILE COURT PALO ALTO-MT.VIEW JUDICIAL DISTRICT RIM 204-270 GRANT AVE..PALO-ALTO LOS GATOS-CAMPBELL-SARATOGA-14205 CAPRI DR-.LOS GATOS ❑ SAN MATEO SOUTHERN MUNICIPAL COURT-750 MIDDLEFIELD ROAD.REDWOOD CITY ❑ SAN MATEO JUVENILE COURT-21 TOWER ROAD.BELMONT ❑ SANTA CLARA JUVENILE COURT-840 GUADALUPE PKWY-SAN JOSE ❑ TIME WITHIN EAPDBYTHEJUDI M ❑ 15 DAY, 19 REVERSE SIDE :FORCIAL COUNCIL OF V 10LATUR 5 COPY CALIFORNIA. V.11-10-69 P.C.653.9 1 WARNING: IMPORTANT - READ CAREFULLY Willful failure to appear as promised is o separate violation for which you may be $ arrested and punished by 6 MONTHS IN JAIL AND/OR$500.00 FINE,regardless of the disposition of the original charge IV.C.40508,P.C.853.7).In addition,the De- portment of Motor Vehicles is REQUIRED TO WITHOLD the issuance of renewal of your driver's license,and may revoke or suspend your driving privilege, if you violate your written promise to appear when a traffic offense has been charged. fi k INFRACTIONS: In the infraction box on the reverse side is checked, may you Y Y request o hearing by mailing a check or money order for the proper amount of deposit(see boil information below)by registered or certified moil at least 5 days before the required appearance date,indicating whether you wish the officer to be present.The court will notify you of your hearing dote and time.Use of this procedure waives statutory limits on time for trial and failure to appear at trial is a misdemeanor. BAIL INFORMATION: The clerk of the court in which you have promised to appear is authorized to accept a deposit of boil to guarantee your appearance. For some offenses the court may accept this deposit by mail,and permit it to be forfeited,thereby relieving you of your duty to appear.(Under Veh.Code§13103 a boil forfeiture is a conviction of the charged offense.) A courtesy notice may be mailed to the address shewn on your citation indicating whether on oppearance is mandatory or indicating the required deposit which may be forfeited.However,if you do not receive such notice within 15 days,you must con- tact the clerk of the court, giving your citation dote and number, or appear on or before the indicated appearance date.Make checks or money orders payable to the Clerk of the Court. OFFICE OF THE CLERK: Hours:All of the Courts within the District hold the some hours 8 A.M.to 5 P.M. Monday thru Friday. Address is set forth on front of citation. Telephone: JUVENILES: You must oppeor with license at the dote and time indicated on your notification accompanied by parent or guardian. DRIVERS LICENSE AND VEHICLE REGISTRATION VIOLATIONS: You must bring a valid license or registration certificate at the time of your appearance if you have one or con lawfully obtain one,or hove the correction certified below." i MECHANICAL DEFECTS: If you are cited for a mechanical defect,you ore dire:ted to make the proper correc- tions and have that correction certified below or obtain other satisfactory evidence of correction.You may be required to explain to the judge any failure to make necessary corrections. i Send $13.00 bail to: Date Office of Parking Violations P.O. Box 1059 San Jose, CA 95108 (408) 298-0736 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 DRAFT RESPONSE FOR BOARD CONSIDERATION Karel S. Allen 583 Trumbull Count Sunnyvale, CA 94087 Dear Ms. Allen: Thank you for your recent letter regarding parking problems at the Rancho San Antonio County Park. The District' s Board of Directors considered the letter at its May 14 meeting. I cer- tainly can appreciate your concerns on the matter. Unfortunately, the increase in public visitation to the County Park and adjacent Rancho San Antonio Open Space Preserve is beginning to overtax the existing parking facility with increasing regularity. District rangers have been assisting the County Parks staff with the management of the County parking areas for approximately six years, including the enforcement of parking regulations which naturally have been promulgated by Santa Clara County. The red curbing and prohibitive parking signs were also installed by the County to insure sufficient clearance for emergency vehicles. I shall be forwarding your comments to the Santa Clara County Parks staff, which at present is seeking funding for implementation of Phase II of the Rancho San Antonio County Park Master Plan, which includes expanded parking and restroom facilities for fiscal year 1986-1987 . For best results, however, I sincerely urge you to share your opinions directly with the Santa Clara County Park and Recreation Commission or staff. Thank you. Very truly yours, David Wm. Hansen Land Manager cc: MROSD Board of Directors Michael Primac, Deputy Director Santa Clara County Park and Recreation Director 298 Garden Hill Drive Los Gatos, CA 95030 III F4m ter?A.Grer.ch,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin `] RESPONSE ACTION PROPOSED BY STAFF TITRITTEN - ''MUNICATION ,// _ Board President Acknowledge/Respond MEETING 12 _ Director Acknowledge Respond May 14, 1986 _ Staff Acknowledge/Respond V/Draft Response Attached II Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other _ f � a a� 7` a o � y S 27/7 S ce- its - k )Qas04f 0/7 J ©,� woo �a s a� o and � Sm cad-ln-tl Gq 9) I � � All 41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 DRAFT RESPONSE FOR BOARD CONSIDERATION Rana Gallant c/o Gallant 27917 Bernina Avenue Canyon Country, CA 91351 Dear Ms. Gallant: Thank you for your letter of April 17 regarding the District's logo. The District's Board of Directors considered the matter at its May 14 meeting. One of the projects that will be undertaken this coming fiscal year will be consideration of a new graphic "image" for the District, including a possible new logo. We encourage your continued interest. Thank you for our kind words regarding our efforts to pre- serve Y g g P serve some "room to breathe. " Sincerely, Edward Shelley, President Board of Directors ES:c ac Cc: MROSD Board of Directors Herbert A.Grench,Genera!Manager Board o1 Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin M-86-47 (Meeting 86-12 May 14, 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 6, 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Approval of Agreement with Stone and Youngberg to Serve as Managing Underwriter of Negotiable Promissory Notes Background: Since last fall the staff and I have closely monitored the Districtr-s- projected cash requirements, the progress of federal tax legislation and bond market conditions. As discussed below, we believe that the time is right to issue $6 million of 10 year notes and that Stone and Youngberg (S & Y) should manage the offering. Discussion: The rationale for issuing long-term notes is the same as in previous issuances; to provide extra funds to purchase critical open space lands before they are lost to development. There is currently no strictly financial advantage to issuing long-term debt. 1. Is additional funding required in 1986-87? Yes, cash flow analysis shows that, without a note issue, the District cannot afford to purchase all of the high priority land parcels that are projected to be on the market for cash sale during the next 12 months. 2. How much new debt can we afford? Currently the effective limitation to our ability to issue new debt is the additional bonds covenant contained in our 1982 and 1985 Notes. Until our June 1986 financial statements are audited, this covenant prohibits the District from issuing more than $6 million of new 10 year notes. As soon as this year's audited financial statements are available, our official debt capacity will increase by another $7 million. In addition, cash flow analysis confirms that the additional debt service payments would not retard significant real growth in open space management and development funding, as projected in the staffing master plan and proposed capital improvement program. 3. Can the District sell long-term notes now? Yes. The market for general obligation tax-exempt bonds is currently very strong. The State of California recently sold $395 million of general obligation bonds for the lowest interest rates in 15 years. S & Y believes our notes are readily marketable. 4. Should the District issue fixed rate or ' floating rate notes? S & Y recommends, and we concur, that the District should issue fixed rate debt. In addition to the risk of future increases in interest rates, the minimum economic size of a floating rate issue is about $10 million. M-86-47 Page two 5. At what interest rate could we sell 10-year notes? Based on the California issue, our notes are likely to bear an average interest rate of around 6.5%. Including all costs of issuance, I project an effective financing cost of about 7.5%. 6. Should we wait six months? No. Providing funding for purchase of critical open space lands is more important than trying to outguess the bond market or foresee changes in tax legislation. Bond market conditions are excellent now and, by issuing before September 1 , we will assure ourselves ,of avoiding the onerous provisions of the House "tax reform" bill. 7. Who should manage the note issue? S & Y. S & Y did an excellent job or- our 1977 , 1982 and 1985 offerings. As the investment bankers most knowle:'geable about the District, S & Y can best present our story to small investors who are willing to accept the lowest interest rates. A less knowledgeable banker would likely sell a majority of our notes to bond funds, which demand higher rates. S & Y has submitted an acceptable proposal. (dated April 28 , 1986) . The proposal references the 5% legal maximum on underwriting fees. However, because of its experience with the District, S & Y estimates that the final fee will be between 2. 5% and 3 .0% . As with our three prior public issues, the market will ultimately determine the interest rates, but S & Y guarantees a rate (for insured notes) not-to-exceed one percentage point above State of California bonds. In summary, S & Y proposes to perform the following: a. Work with District staff to structure the notes in order to obtain the most advantageous terms and conditions. b. Prepare the Official Statement (prospectus) . C. Attempt to obtain bond insurance. d. At the earliest date possible, submit an offer to the District to purchase the notes. e. Sell the notes directly or through a syndicate formed by S & Y. S & Y' s proposed fees are exclusive of required legal, printing, and rating agency fees. Estimated cost of these expenses is $35,000. Stone and Youngberg has agreed to a $7 ,500 cap on District expense, excluding bond counsel fees and printing expense, in the event that market conditions do not permit a note sale. The District will have full control over authorizing printing of the official statement. S & Y' s schedule indicates that, if the underwriting agreement is approved on May 14, the sale of notes will be completed in July. The proposed schedule of events is as follows: May 14 Board approves underwriting agreement May 21-23 Due diligence meeting (review preliminary offical statement) May 28 Board approves distribution of preliminary offical statement Board approves paying agent (First Interstate Bank) M-86-47 page three June 10 Insurance and rating information available for District review. June 11 Board approves resolution of issuance and signs purchase agreement for notes. July 8 Close financing and receive note proceeds. The Board should consider appointing a designated Board member to represent it at the due diligence meeting. Recommendation: I recommend that you authorize the execution of the attached proposed underwriting agreement with Stone and Youngberg, authorize staff to take all actions necessary to arrange the issuance of $6 million of ten year notes, and designate a Board member to be your representative at the due diligence meeting. STONE & YOUNGBERG MEMBERS: PACIFIC STOCK EXCHANGE April 28, 1986 Board Members Midpeninsula Regional Open Space District Old Mill Office Center Bldg. C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herb Grench, General Manager Honorable Board Members: This letter will serve as an agreement between the Midpeninsula Regional Open Space District (the "District") and Stone & Youngberg to serve as Managing Underwriter to the District until the parties enter into an actual Purchase Contract regarding the negotiated sale of Tax-exempt Notes to be issued by the District pursuant to resolutions lawfully adopted by the Board of Directors (the "Notes") . You have informed us that the District intends to issue the Notes to provide funds for land acquisition and site improvements, and for this purpose requires the services of a Managing Underwriter to structure the financing and to enter into a Purchase Contract with the District to purchase the Notes through a negotiated price that is agreeable to both parties. As Managing Underwriter, we will use our utmost efforts to raise funds at the most reasonable rates attainable in the market under then existing conditions. In amplification of the understanding between the District and the Managing Underwriter, Stone & Youngberg agrees to undertake the below listed services and functions. A. Structuring the Financing: 1 . As Managing Underwriter to the District, Stone & Youngberg will work with your staff in developing the scope of the financial feasiblility of the projected borrowing. 2. Stone & Youngberg will work with the District' s bond counsel in recommending specific terms and conditions affecting the basic security of the Notes. 3. Stone & Youngberg will assist the District in selecting a major banking firm to serve as trustee for the financing, if necessary. We will assist bond counsel in preparing a list of services required of the paying agent. ONE CALIFORNIA STREET•SAN FRANCISCO,CALIFORNIA 94111 •(415)981-1314 i Midpeninsula Regional Open Space District April 28, 1186 Page 2 4. Stone & Youngberg will prepare the text of a note prospectus for sale of the securities. Said prospectus will include a description of the Notes and their security, the parties to the agreements , the projects, and pertinent financial and economic data. In preparation of such prospectus, we will exercise due diligence in the ascertainment of all material facts and circumstances regarding the project and in their disclosure in the prospectus. 5. Stone & Youngberg may contact one or more rating agencies in an attempt to obtain a rating on the Notes prior to their sale. 6. Stone & Youngberg will attempt to obtain a commitment for Note insurance at the District' s expense (if deemed necessary or desirable) from a commercial company. 7. Stone & Youngberg will represent the District at any necessary information meeting or meetings. 8. If the District so requests, we will assist in arranging the selection of a Note printer. B. Marketing the Notes: 1 . The Managing Underwriter will use its best efforts to accomplish the 9 9 formal marketing of the Notes which should be accomplished at the earliest date possible consistent with sound investment banking and n purchased b It is intended that once c underwriting principles. p Y Stone & Youngberg, the Notes will be re-offered to the public on the Stone & Youngberg n fide public offering" . f n immediate bo a basis o a9 9 p r f firm for the purpose o investment bankin s o rm r of may form a group P p y 9 p9 underwriting and selling the Notes. 2. At the designated time for sale of the Notes, Stone & Youngberg will submit an offer to the District to purchase the Notes, subject to pertinent resolutions, the Official Statement, and all other necessary documents, approvals, and proceedings governing such Notes having been determined by bond counsel , the District, and the Managing Underwriter to be satisfactory in all respects for financing purposes. 3. At least one day prior to the submission of any such formal offer to the District for the purchase of the Notes, Stone & Youngberg will indicate to the District the interest rate or rates , the purchase price from the District, and public offering price of the Notes which we then estimate will be included in such offer. C. Interest Rates and Underwriting Fees: 1 . Interest rates on each Note issue shall be determined by the following formula: I Midpeninsula Regional Open Space District April 28, 1986 Page 3 When the principal amount of each issue is determined, (a) Stone & Youngberg and the District shall agree upon a schedule of the one year to ten year yield basis in the current market for State of California general obligation bonds. (b) A "yield differential " shall be added to each maturity of the schedule described in subparagraph (a) above. The "yield differential " shall be a maximum of 100 basis points for Notes rated AAA or Aaa on the basis of a bond insurance policy or a maximum of 200 basis points for Notes not so insured. This new schedule shall create a yield basis for District Notes . 2. The purchase price of the Notes shall be not less than 95 percent of the principal amount of the Notes, such that the discount equals the underwriter' s spread, plus accrued interest to the date of delivery. 3. At the time Stone & Youngberg submits an offer to purchase the Notes , we will provide the District Board with information which may be helpful to it in determining that the proposed underwriting discount reflects an underwriter' s spread which is both reasonable and customary under the municipal bond market conditions then prevailing. 4. The purchase price shall be paid in full when each Note issued, together with the legal opinion, arbitrage statement, and non-litigation certificate are delivered to us. Delivery shall be at a bank of our mutual choice in San Francisco, California. D. General Provisions Relating to the District and the Managing Underwriter: 1 . The District agrees to make available to Stone & Youngberg without cost sufficient copies of the economic and other reports, agreements, contracts, resolutions, Preliminary and Final Official Statements, and other relevant documents pertaining to the project, the District, or the Notes as reasonably may be required from time to time for the prompt and efficient performance by Stone & Youngberg of its obligations hereunder. 2. Stone & Youngberg shall pay its own out-of-pocket and other expenses, the cost of Blue Sky and Investment Memoranda used by the Underwriters and all advertising expenses in connection with the public offering of the Notes. 3. The District shall pay from the proceeds of the Notes or other funds of the District all costs and expenses customarily paid therefore, including the cost of printing the Notes, Official Statements and other documents, the fees and expenses of its legal counsel , bond counsel , consultants, accountants, rating services, note insurance premiums, and of any other experts retained by the District in connection with the financing. Midpeninsula Regional Open Space District April 28, 1986 Page 4 4. It is expressly understood and agreed, and the District hereby recognizes that in performing its activities pursuant to a negotiated sale that Stone & Youngberg is acting solely on its own behalf as the prospective manager of an underwriting group which plans to submit to the District a proposal to purchase the Notes for resale. Nothing herein shall be construed to make the Managing Underwriter an employee or financial , fiscal , or other advisor of the District, or to establish any fiduciary relationship between the District and the Managing Underwriter. 5. This agreement shall extend to the date of sale of the Notes as contemplated herein, when the formal Note Purchase Contract is entered into by the parties. 6. The District may terminate this agreement at any time on or after October 1 , 1986, following receipt by the Managing Underwriter of written notification from the District. 7. Upon termination of this agreement, the District shall be under no further obligation to the Managing Underwriter hereunder, except that the District is obligated to pay to the Managing Underwriter any expenses incurred on behalf of the District pursuant to paragraph D(2) of this agreement should the District sell the Notes to other than the Managing Underwriter on behalf of the Underwriters pursuant to Section B of this agreement. 8. If the District does not sell the Notes to Stone & Youngberg for reasons other than described in paragraph D(7) above, the District shall be obligated to reimburse the Underwriter for all costs incurred on behalf of the District pursuant to paragraphs D(2) and D(3) above, except that the District' s obligation to reimburse such costs for municipal bond rating agency fees, postage and freight, computer time and other out-of-pocket expenses of the Underwriter shall be limited to $7,500. Such $7,500 limit shall not apply to Bond Counsel fees, the costs of printing the Notes, or the cost of printing the preliminary and final official statements with respect to the Notes, which shall be the sole obligations of the District. However, the Underwriter shall obtain the approval of the District' s General Manager before incurring official statement printing cost on behalf of the District. Midpeninsula Regional Open Space District April 28, 1986 Page 5 Upon your acceptance set forth below, this letter will constitute an agreement between the District and the undersigned. STONE & YOUNGBERG L. William Huck Partner LWH:cn 0046C Accepted this day of 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By President M-86-53 (Meeting 86-12 May 14 , 1986) Kc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 9, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Revised Use and Management Plan for Rancho San Antonio Open Space Preserve Recommendation: I recommend that you adopt the Revised Use and Manage- ment Plan for Rancho San Antonio Open Space Preserve as contained in report R-86-26 and as amended herein. Introduction: At your April 16 , 1986 meeting the proposed Revised Use and Management Plan for the Rancho San Antonio Open Space Preserve was presented by staff and tentatively adopted by you (see report R-86-26 of April 11, 1986) . Discussions at the meeting centered around Deer Hollow Farm and the provision of restrooms for the general public in the farm area, the stabilization and protection of the Grant House, also located in the farm area, and trails use and the High Meadow Stables . The disposition of the upper and lower residences was only touched upon. This report will concentrate on the issue of the residences. Discussion: A. Upper and Lower Residences The recommendations for the upper and lower houses as contained in the 1984 Revised Use and Management Plan (see report R-84-41 of September 26 , 1984) were adopted in concept only, and staff was di- rected to return within four to six months with specific details regarding management of these facilities. The conceptual plan called for the lower house to be divided into a duplex which in the immediate future would contain a Ranger resi- dence and a rental unit with the long term goal of converting the rental unit into either additional housing for City of Mountain View staff to assist in farm management or an additional Ranger residence. g g The upper house was recommended to be divided into a multi-use facil- ity and a rental caretaker residence with the long term goal of con- verting the rental unit into an additional Ranger residence. The justification for this conceptual plan is included in detail in the 1984 review. M-86-53 Page 2 Staff continues to support the existing recommendation for the lower residence but would like to modify its recommendation for the upper house. Since the last review, an analysis of how management might be done has been conducted for the upper residence (see attached study) and as an experiment the house was utilized for an event by a local environmental organization. The analysis and exper- imental event both indicated there would be a significant long term impact on staff time and financial resources if such a use were to be implemented. For example , the scheduling and coordination for the event required four staff trips to the facility: 1) initially to show the organization the facility; 2) to open the facility the day of the event; 3) to assist in a problem with utilities , and finally; 4) to inspect the premises to insure they were adequately cleaned. In analyzing the long term management obligation of this facility, it is also necessary to look beyond just the specific administration time associated with a particular event and examine ongoing costs associated with such things as landscape maintenance, utilities , and maintenance of interior furnishings. An alternative to direct staff involvement in the management of the facility is the possibility of contracting with a caretaker to reside in the proposed rental unit. Although this approach would relieve staff of the routine management responsibilities , there would still remain the task of monitoring the caretaker to insure appropriate discretion in group selection, and to ensure facility upkeep. With respect to actual management costs , the caretaker approach would not result in significant savings because it would result in a loss of potential rental revenue when the rent is adjusted to com- pensate for management responsibilities . This foregone rent would be nearly equivalent to projected in-house costs associated with the staff management approach. Using either approach indicates that the facility will operate at a net loss of $3 ,000-$4 ,000 a year based on an average of two events per month. (It is hard to imagine that environmental or other Dis- trict compatible groups would as a whole utilize the building for more than two large events per month. ) For these reasons , it is recommended that the proposed reconstruction of the upper residence to serve as a multi-use/rental facility be dropped. Staff would like to proceed now with plans to modify the structure to serve as a Ranger residence. This conceptual use was adopted at your 1984 review when the need for a second Ranger resi- dence was justified for implementation in a two year period, which will be in the fall of 1986 . To accomplish this , staff would pro- ceed with contracting for architectural plans and determining the feasibility and costs of reducing the size of the residence to mini- mize both the visual impacts and make the residence a more reason- able size for Ranger use. This study would then be brought, back to the Board for review and authorization to go to bid for the recommended modifications. Funding is currently included in the current fiscal year to complete architectural work on both residences. A preliminary figure of $20 ,000 per building is included in fiscal M-86-53 Page 3 year 1986-1987 budget preparation for actual renovation. This figure includes the cost of major roof repair to the upper resi- dence. The following revised recommendation should be added to the Struc- tures and Improvements section, New and Revised Use and Management Recommendations : b. Staff will proceed immediately to employ an architect to draw up plans and to determine the associated costs of modifying the house to become a Ranger residence. These plans and estimate will be presented to you for a final determination and the appropriate funds included in final budget request for fiscal year 1986-1987 . B. Restrooms The following recommendation should replace Special Activities, New and Revised Use and Management Recommendation #1 : 1. Staff will pursue a management agreement with the City of Mountain View to provide restroom facilities to the general public in the farm area. If a mutually agreeable solution is not reached using Mountain View' s restroom facilities , District staff will install portable restrooms until a final solution can be reached. Staff will return to you in about six months with an analysis of solutions for providing restroom facilities on the Preserve. A figure of $20 ,000 has been identified as a contingency during fiscal year 1986-1987 budget preparation for restroom construction. C. Grant House The following recommendation should replace Special Activies, Use and Management Recommendation #2 : 2 . District staff will take the necessary steps to stabilize the Grant House within the next six months . Grant funds will be sought to provide long term restoration of the structure. A sum of $2 ,000 will be included in fiscal year 1986-1987 budget preparations for the coming year to complete the stabilization, and the City of Mountain View will be asked to participate. EXHIBIT I - FINANCIAL FEASIBILITY STUDY FOR SPECIAL USE FACILITY D. Projected Equipment Expenditures dL IL oc A. Projected Capital Improvements (Initial Development) Rental Unit Use Facility n Rental Unit Use Facility Window coverings 3000 LS' s . ------ ------------ Tables xa chairs 2000 s� New roof 4000 New roof 8000 Kitchen ware 250 vs Interior separation, Interior separation 500 e zg new entry & kitchen 20000 5250 Appliances 3000 Appliances 0 Fire protection sys 0 Fire protection sys 5000 a }.; Utility separation 3000 Utility separation 3000 E. Projected Operating Expenditures cs Fencing 1000 Fencing 1500 gc Heaters overhauled 1500 Heaters overhauled 0 Rental Unit Use Facility (Baseline data per event) cs vs Pool filled in 0 Pool filled in 2500 ----------- es New septic tank 500 New septic tank 1000 P6E 20 es �� Permits 250 Permits 250 Propane 30 s « Cleaning 50 evI 33250 26250 Water 5 8V �b Caretaker (Scheduling & �v presence) 50 B. Projected Annual Expenditures (Maint. & Insurance) --------- �q _ 155 Rental Unit Use Facility lG�. ----------- ------------ ' Exterior repair 100 Exterior repair 100 — ge Appliance repair 201) Appliance repair 200 Le. Heater repair 200 Heater repair 200 _-- F. Analysis of Proposed Management Scheme 200 Water Dump repair 200cs (later pump repair — e Interior repair 100 interior repair 100 s Road saint 300 Road saint 500 _ lE Insurance 600 Insurance 600 Line Item CostiItem,Mo. # ltems,Mos Amount oe --------- --------- or Event or Events Per Year 1700 190+1 ------------------------------------------------------------------ SZ LZx t� aa` i Capital Improvements 5950 £� C. Proiected Annual Expenditures (Services and Utilities( Annual Expenditures (Maint) 3600 �z Annual Expenditures (Utitlies) 1675 zzl Rental Unit Use Facility Equipment Expenditures 5250 1Z -`--------- ------------ Operating Expenditures 155 24 3720 t`, sly PBE (lights,pump.water) 250 Rental Unit Income 1200 12 14400 al€ Propane (pilots( 50 Special Use Fee income 100 24 2400 Icltt .:: Cleaning 75 ------------------------------------------------------------------ Telephone (Sevice ch.) i00 Cash Flow per year (based -3395 sl vl Water (landscape) 300 on a 10 year rental) sl Caretaker (surveillance) 600 Gardener 300 Ol n a..' ,'. --------- sv4 �f 1675 M-86-52 (Meeting 86-12 May 14 , 1986) 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 7 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Eilertsen Property Addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve Recommendation: I recommend that you adopt the Interim Use and Management Plan for the Eilertsen property addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve, including the naming as included in re- port R-86-16 , I further recommend that you indicate your intention to dedicate the property as public open space. Discussion: At your February 26 , 1986 meeting you approved acquisition of the Eilertsen property addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve (see attached report R-86-16 , dated February 20 , 1986) . You also tentatively adopted the Use and Management Plan for the property, named the land as an addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve and indicated your intention to dedicate the land as public open space. Subsequently, at your March 26, 1986 meeting, you approved a Joint Powers Agreement with the Town of Los Gatos enabling joint acquisition of the property. The Town of Los Gatos approved the agreement and a contribution of 50% of the acquisition funding at the April 7 , 1986 Town Council meeting under the stipulation that a "Park, Recreation, Scenic, and Open Space Easement" be-granted to the Town. The easement was recorded on May 6, 1986, and the funds were paid by the town to the District. In accordance with the adopted Land Acquisition Notification Procedures (see memorandum M-83-106 dated August 31, 1983) , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to ,allow for public comment. Escrow on the 125 acre property closed on received no public comment on the proposed March h 28 1986 Staff has ec a c P P P Interim Use and Management Plan for the property. st R-86-16 (Meeting 86-05 February 26 , 1986) MIDPENIMSULA REGIONAL OPEN SPACE DISTRICT REPORT February 20, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition :Manager; D. Hansen, Land Manager; Alice Cummings, Environmental Analyst SUBJECT: Proposed Eilertsen Property Addition to Sierra Azul Open Space Preserve (Kennedy Road Area) Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Option and Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Eilertsen) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the property as an addition to the Sierra Azul Open Space Preserve, Kennedy Road Area, and indicate your intention to dedicate the property. Potential Cooperative Project: Because the property lies within the Town limits of Los Gatos and is a very important part of the immediate town backdrop, Director Duffy and staff have approached Los Gatos about a possible joint project for this acquisition. The Town Council, as recently as February 18, 1986., preliminarily approved a contribution of up to $125,000 for the purchase of this property (one-half of the option price and out- of-pocket costs) . In order to formalize the Town's commitment, it will be necessary to prepare a Joint Powers Agreement and submit it to both you and the Town Council for ratification. Unfortunately, the District 's Option to purchase the property expires on March 1 , 1986; therefore, if the property is to be acquired for public open space, it will be necessary for the District- to approve the purchase contract prior to the Option expiration date. However, the approval process for the Joint Powers Agree- ment will take several more weeks (possibly as late as your meeting of March 26) . This should not present- a problem, since the purchase contract provides for 30 days to close escrow after acceptance. It would also be possible for the District to tender the required cash to close escrow and have the Town reimburse its share following closure. It is with this process in mind that completion of this purchase is recommended. Introduction: The Midpeninsula Regional Open Space District has the opportunity to purchase approximately 125 acres of land containing the highest visible point south of the Town of Los Gatos. The property is R-86-16 Page two located entirely within the Town limits, and is currently under option by the District until March 1, 1986. Primarily chaparral covered, the property rises steeply to a panoramic viewpoint, encompassing valley views to the north and east and the Sierra Azul range of the Santa Cruz Mountains to the south. The property ties together two non-contiguous portions of the Kennedy Road Area of the District' s Sierra Azul Open Space Preserve and would nearly complete a trail route from Blackberry Hill Road to the main -north-south trail along the ridge crest. A. Description of the Site I. Size, Location and Boundaries This 125.12 acre rectangular property is located near the south- east corner of the Town limits of the Town of Los Gatos , three- quarters of a mile south of Kennedy Road and three-quarters of a mile east of Blackberry Hill Road. It is bounded by District lands to the north and east and by private property outside the Town boundary to the south and west. 2. Topography, Geology and Natural Landscape The property rises steeply from an elevation of 1600 , feet at the northeast corner to a 2405 foot knoll in the center of the eastern boundary, part of a ridge radiating westerly from the main spine of the Sierra Azul range. The 10 to 15 acre ridge area has relatively gentle slopes and fine views. This ridge is the highest visible point south from the Town proper. The chaparral community on the property is a mixture of -chamise, ceonothus, coyote bush, scrub oak, toyon, coffeeberry, manzanita, and poison oak. This habitat is likely to be frequented by deer, coyotes, raccoons , rattlesnakes, lizards , and a variety of birds. A tributary of Limekiln Creek originates near the center of the property. The soil of the property is decomposed Franciscan sedimentary rock. Because of the steep terrain the property is well drained in all directions. B. Planning Considerations The acquisition of this property for open space has been found to be in conformity with the General Plan of the Town of Los Gatos . It is zoned HR - Hillside Residential, and is eligible for only one h omesit e under this zoning . The property' s hillsides form part of the scenic backdrop of the Town of Los Gatos. The hillsides are generally characterized by a slope of 50 percent or more . The shallow soils permit rapid run-. off and erode rapidly when vegetation to - P Y tion is removed or g of f road ve hicle use occurs . The dense chaparral presents a high fire potential, particularly during the dry suramer season, but District management of the property will provide better protection against wildfire and .illegal vehicle use of all District property in the area, due to increased control . R-86-16 Page three C. Current Use and Develo-oment The property does not front a public or private road. This property is connected to Blackberry Hill Road by a Jeep trail through the District's existing lands. There is also an undefined easement described in the title report, but the affected servient parcels show no physical evidence of an access road ever having been built. Blackberry Hill Road west of the property provides the closest access point to the site. A steep four-wheel-drive trail branches east from Blackberry Hill Road, crosses private land, and enters the District' s Kennedy Road Area. The trail continues diagonally through this por- tion of the preserve and turns south, rising steeply to the subject property about three-quarters of a mile from Blackberry Hill Road. The trail, currently overgrown, climbs across the northeastern por- tion of the property to the high point of the ridge, where it again enters District lands and connects with the mdin north-south trail along the spine of the Sierra Azul . No public utilities , including gas, electricity, water, or public sanitary sewage facilities are provided to the parcel . There are no improvements on the site. D. Potential Use and Management The overgrown trail on the property connecting the two non-contiguous sections of the Kennedy Road Area could be reopened either as a fire road or trail. This trail would 1) give hikers, equestrians, and bicyclists access to the property, 2) link Blackberry Hill Road with the main north-south trail along the crest of the range, and 3) create a through route from Kennedy Road to Blackberry Hill Road. If the old alignment is not excessivelysteep, it would make a good Ranger patrol route. Before this route is reopened, however, the Blackberry Hill Road entrance should be secured against motorcycles. Lack of a trail through the property now prevents motorcyclists from reaching Kennedy Road and the ridgeline trail. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate. The cost is estimated at $30. Funding is available in the current budget. 2 . The old road alignment through the property should be located and evaluated. A decision can then be made as to its suitability as a fire road or trail . F. Dedication i recommend that you indicate your intention to dedicate this site as public open space. G. Naming This property should be named as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area. R-86-16 Page four H. Terms i The District' s option provides for a total purchase price of $225,000 ($1 ,800/acre) , and is in accordance with the approved appraisal. The terms would include a down payment of $70,000 (31%) with the balance payable over 5 years at 7 percent tax-free interest. 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GW?:LLP£ --- j'� �\ Sierra Azul :1 _- W+If:r?EC •aFA AfL:.a,F -= ,•e_--- Open Space Preserve ff L py� s r A a 2000 e lv'U:Cttl ub dw,wa++ ��• tea•. -f saa*1� ?? a-y!s_y,a p p 7� Y?a.7 II M a 9 a a LI�7.Y 7•� Yy its,ara..7�.d,1�.}.-.-I.--} - a -- L 21 _ _ �.7_ 13J_7a P.A.Jr-7E;fd 7i.L J_z>2�r a s.�.u.a r•� w M-86-55 (Meeting 86-12 May 14 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 9 , 1986 l TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Amendment to the Fremont Older Open Space Preserve Use and Management Plan for Construction Approval of a County Trail to Cross One-half Mile of the Preserve Recommendation: I recommend that you approve the construction of one-half mile of trail across a corner of the Fremont Older Open Space Preserve by the Santa Clara County Parks and Recreation Department under the agreed stipulations outlined in this report. Discussion : The Santa Clara County Parks and Recreation Department has entered into a contract with the Trail Information and Volunteer Center to complete a two mile trail around the Stevens Creek Reservoir (see map and agreement attached) . This trail would start at the end of the existing trail to the south of the dam and run southerly around the reservoir and connect with Stevens Canyon Road. The central section of the proposed trail crosses a one-half mile section of the Fremont Older Open Space Pre- serve but would not connect with any existing trails on that Preserve within that section. To the south near the junction with Stevens Canyon Road an equestrian trail runs steeply up the hill and eventually into the Fremont Older Open Space Preserve. A future trail connection between the Picchetti and Fremont Older Preserves as currently planned would not util- ize much of the proposed County trail. Staff is ammenable to allowing the County to construct the trail on District land under the following conditions : 1) That this be considered a County trail project on both County and District land, and that the District has no direct interest in the project. 2) That the County agree as outlined in a letter agreement to indemnify and hold harmless the District, its employees, agents , and Directors on both the construction and ongoing use and maintenance of the trail. 3) That the County continue to patrol and maintain the trail after its completion unless by thirty days notice the District desires to take M-86-55 Page 2 over the patrol and maintenance of the trail. 4) That the County agree that the trail be open to hikers and equestrians on a year-round basis unless both parties agree to temporary or per- manent restrictions of either user group. The trail is foreseen as becoming very popular with runners, hikers , equestrians , and perhaps bicyclists . The project has been accelerated for construction to begin this year due to the cost savings proposed by the Trail Information and Volunteer Center (TIVC) . The project was orig- inally budgeted by County Parks in their 5 year plan for $21 ,000 in -fis- cal year 1988-1989. The TIVC, with publicity and other support from Recreational Equipment, Incorporated (REI) , has agreed to complete the trail this year with volunteer labor for $8 ,000 , plus $500 for materials . The draft letter agreement with the County is attached for your perusal . AA� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 Draft for Board review Karen Foss , Director Santa Clara County Parks and Recreation Department 298 Garden Hill Drive Los Gatos , CA 95030 Dear Karen: On May 14 , 1986 , the Board of Directors of the Midpeninsula Regional Open Space District approved construction by the County of that por- tion of the proposed Stevens Creek Reservoir Trail which crosses a half mile section of the District 's Fremont Older Open Space Preserve. This approval was contingent upon the County's agreement with the following stipulations : 1) The County agrees that the Open Space District has no direct interest in the project, and the trail should be considered a County trail project on both District and County land; and 2) The County agrees to indemnify and hold harmless the District, its employees , agents , and Directors on both the construction and the ongoing use and maintenance of the trail; and 3) The County agrees to continue to patrol and maintain the trail after its completion. If the arrangement is not working out, District may terminate it by giving County 30 days written notice in writing. 4) The County agrees that the trail be open to hikers and eques- trians on a year-round basis unless both parties agree to temporary or permanent restrictions on either user group. Please indicate your acceptance of these conditions by signing and returning a copy of this letter. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Page Two We are supportive of the project and especially that aspect of allowing the Trail Information and Volunteer Center to promote the project as a volunteer effort. We look at this cooperative effort in the same spirit as that we have with District field staff maintaining and rebuilding trail in the County's Upper Stevens Creek Park and our cooperative management of the County's San Antonio Park. Very truly yours, Herbert Grench General Manager GH:ds cc: MROSD Board of Directors The County of Santa Clara Parks and Recreation Department agrees to construct the Stevens Creek Reservoir Trail on a portion of Midpeninsula Regional Open Space District property under the con- ditions as outlined in this letter. COUNTY OF SANTA CLARA By glop G R E E� V T FOR AGF NT DATE AGREEMENT NUMBER AIlll.."..��ii�� AGENCY(3) UOC ID(H)S E R VICES ��/ 1 V 0/ I C ES 4-24-II6 Po 003 MMDDYY (STANDARD FORM) FOR MULTIPLE ACCOUNTING DISTRIBUTIONS,LEAVE LINE BELOW BLANK,USE PURCHASE ORDER GENERAL INPUT FORM. AC- TYPE FUND(4) LINE REQUISITION NUMBER RESP uaoa d r. Su90aJEGT sur . FA 6uOGET ACTIVITY TASK AGE Cr COUNTY TION CTRt4) 111 441 a, CODE(3) (4) (3) REPI CAT141 aEPT CAT141 JOB(11) E 5 1 ao AGENCY DOC ID(9) NOTE TO REQUESTING DEPARTMENT:You must complete the reverse side of this form. VENDOR CODE DESCRIPTION (15): CONTRACTOR: On completion of work or agreed NAME (30) Trails Information and Volunteer Center upon work period, mail Invoice to: Dept. Parks and Recreation ADDRESS 4898 El Camino Real , Office 205A Address 298 Garden Hill Dr. CITY Los Altos, CA 94022 City,State,zip Los Gatos. CA 95030 BE SURE TO SHOW ABOVE AGREEMENT NUMBER ON INVOICE hereby agrees to perform the following work or service for the COUNTY OF SANTA CLARA Parks & Recreation Dept. (Department) (Describe the Work or Service) Construct trail within Stevens Creek Park in accordance with the terms and conditions specified on the attached Exhibit "A" as specified in to be completed wftin Exhibit "A" - q f1prirdre�a,?�hereof,nt tf,e ractof-_with payment to be in accordance with terms specified in Exhibit "A". ne&"exeeecf-$-------------------to-be brak�-aker-eampFetion-of-work- The undersigned further agrees and understands that said work or services is to be performed as an independent contractor and not as an employee of the County and that the undersigned acquires none of the rights,privileges,powers or advantages of County employees. The undersigned further agrees and understands that the County does not provide Worker's Compensation Insurance to,or in behalf of, the undersigned for the work orservices to be performed and that the County will not withhold Federal Income Taxes from monies due the undersigned for v,ork or services performed,but that said taxes are the sole responsibility of the undersigned. The undersigned further agrees and understands that during the performances of said work,he shall be responsible for his own acts or omissions and V)at,in addition thereto,he shall indemnify,hold harmless,and defend the County from and against any and all loss,cost,expense,damage, liability cr claim thereof,occasioned by or in any way whatsover arising out of the performance or nonperformance of the work or services,or the negligence or willful misconduct of the undersigned,his agents,employees,and independent contractors. The undersigned further agrees and understands that Charter Section 706 prohibits an officer or department head from appointing a spouse, parent,child,brother or sister to any employment and that such an appointment will render this contract void. If any license,permit or approval is necessary from any agency whatsoever,for the service or work performed it is understood and agreed that the undersigned will obtain same,at own expense, prior to commencement of said work or service or forfeit any right to compensation under this Agreement. I hereby certify that the ceiling amount shown has been encumbered Contractor- Please complete the following: in the named accounting codes. BY: DArt:ACCEPTED BY CBMIS: 1 Are you a minority or is your firm a disadvantaged minority business enterprise? NOTE: A dis- advantaged minority business enterprise is defined as a business, at least 51% of which is owned by minority group members. For In,County of Santa Cla 7 Purchasing Dept. )ate / / Ir !i yes, please check each of the following catergories which C f _/7 __2_l � % _91[ apply to you or your firm.Women Black C ntractor's Signdtura Date!!! !-!ispanic Asian Ann, Indian I hereby certify that the services requested hereon are Cisabled necessary for use in this organization, and that the source 2 Number of Firm employees (California locations selection docurnontation on the reverse side of this form is only). NOTE:an employee is defined to be an individual accurate. working en a full-time basis (an average of no less than 40 hours per week for wages or Sala Authorized Signature V P ) 9 salary. � Date If fifteen or more persons,please complete an Affirmative Requested by Action Questionnaire. Program Services: © DISTHMUTION Purchasing Agent.Contactor,Onpinatirg Dept.Controller,OBA Title " ►o. :.a:..+. uw utuai wnt/dclurS Wn0 wet- •ntacted and requested to quote a price for the, 'Vices: Name: Address: Phone: Cuoted Price: Why Not Chosen: (it additional space is needed, arrach a separate sheet.) t 2. If fewer than two alternate sources are listed above,explain why the contractor you have chosen is uniquely qualified to perform these services or why at least two other contractors were not given the opportunity to compete for the contract: Trail information and Volunteer Center is non-profit organization made up of citizens-volunteers who are skilled, interested, and engaged in trail improve- n_�nts, construction, preservation throughout the entire county area. The TIVC is the only organization of this nature within the State (Arta-n additional sheet it more space is required.) EXHIBIT A (1) Trails Information and Volunteer Center (TIVC) agrees to construct approximately two (2) miles of trail along the easterly side of Stevens Creek Reservoir within lands of Stevens Creek Park. The trail shall be located along the general alignment shown on the attached Exhibit C and shall be constructed in accordance with the trail criteria attached as Exhibit B. Approval of the specific trail location shall be obtained before construction is commenced, from the Supervising Ranger at Stevens Creek Park who shall P g g > s 1 act as Project Coordinator for the County. In the event that trail construction goes outside the boundary of County 'property, work shall not continue until acceptable permission is received from owner. (2) SCHEDULING OF WORK BY TIVC It will be necessary to establish and coordinate a work schedule with the County Project Coordinator. A 48-hour advance notice will be required before starting work. i (3) SAFEGUARDS TIVC will post and maintain all signs, notices, barricades, and other safeguards required by law, ordinance, or good judgemnt. Contractor shall bear full responsibility for the protection and safety of public, personnel, materials, and surfaces in the vicinity of the work being performed. (4) RELATIONSHIP OF THE PARTIES It is understood that TIVC is acting strictly as an independent contractor for this work and the service agreement and is not intended to, and shall not be construed to, create the relation- ship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of independent contractor. TIVC is a non profit organization made up of individuals who are interested and engaged in preserving the trails and improving the hiking recreation aspects through trail improvement , construction, preservation and maintenance throughout the entire Santa Clara County. (5) TIVC RESPONSIBILITIES: A. To perform approximately two (2) miles of trail con- struction in Stevens Creek Park in accordance with the trail construction criteria attached as Exhibit B and the approximate location shown on the map attached as Exhibit C. I s B. To perform all work in an orderly and systematic manner, and prior to doing any work, provide the County with a time schedule showing where and when proposed work will occur. If circumstances warrant, this plan may be ammended by mutual agreement during the course of the work. C. To provide supervision of volunteers for each and every work day which TIVC conducts. (6) COUNTY RESPONSIBILITIES: A. To provide a representative who will personally inspect for approval all work done by TIVC. This inspection will be performed within 14 days upon completion of any 500' section of trail. B. To close the proposed trail to horse traffic during construction. C. To requisition materials needed to insure proper con traction of trails as mutually agreed betweem TIVC and County representative. County will promptly requisition materials, but cannot assure any delivery schedule for availability of use by TIVC. (7) NON ASSIGNABILITY TVIC shall not assign any portion of the work to a third party without prior written consent of County, and any attempted assignment without such prior written consent automatically shall terminate this Agreement for services. (8) COUNTY'S RIGHT TO TERMINATE CONTRACT If TIVC fails to supply an adequate working force, or otherwise refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will ensure its completion within the time specified in this contract, or authorized extension thereof, or if TIVC should persistently disregard laws, ordinances or n r i st actions of the Project Coordinator, Project Coordinator may, by written notice of at least seven (7) days to TIVC, term- I inate T1VC's right to proceed with the work. In such event , the County may take over such work and prosecute the same to comple- tion, by contract or otherwise, and may take possession of and use all or any P art of Con tractor's materials tools equipme nt, and nc a lia es as may pp y be on the site and necessary for the performance of the work. TIVC is entitled to the return of tools, and appliances except that TIVC shall have no claim on account of usual and ordinarydepreciation, ep eciation, lass, and wear and tear. IF TIVC"s right to proceed is terminated, TCVC shall not be entitled to receive any further payments until the work is completed. TIVC and TIVC's surety shall be liable to County for any additional managerial and administrative service. (9) INSURANCE TIVC shall at all times during the term of the contract with the County maintain in force those insurance policies as designated herein and as required by County. Authorization to proceed by of Project Coordinator not t be issued until a certificate insurance has been fully endorsed as required. (10) CONTRACT TERM This Agreement shall be in effect no later than December 31, 1987. (11) PAYMENT Payment by County to TIVC for services provided shall not exceed $8000. It is anticipated that payments will be distributed over seven pay periods, with initial payment to reflect all work re- quired to layout preliminary alignment of the entire trail, co- ordinate volunteers, and complete construction of the first one-eigth mile of trail. Sub- sequent payments to be based upon accomplishment of trail con- struction in various segments. Payments shall be made upon receipt of invoice and shall be made in accordance with the following schedule: Payment 1 Preliminary trail layout, volunteer organ- $2,000. ization, + construction of 1/8 mile of trail Payment 2 Completed trail flagging and details $1,500. Payment 3 Complete construction from Point A to Point $2,000. B (see Exhibit C) Payment 4 Complete 1/4 of total distance between $ 500. Point B and Point D (see Exhibit C) Payment 5 Complete 1/2 of total distance between $ 500. Point B and Point D (see Exhibit C) Payment 6 Complete 3/4 of total distance between $ 500. Point B and Point D (see Exhibit C) Payment 7 Complete total distance between Point B $1,000 and Point D (see Exhibit C) EXHIBIT B PROPUSED TRAIL CRITERIA WIDTH: 3' - 4' for multi-use SLOPE: 12 X maximum, averaging 7% or less DRAINAGE: Primarily including- -off trail slope -drainage dips -water bars -inside ditching As needed---to be determined on site: -culverts (maximum of 8) -footbridges (maximum of 2) CLEARANCE: 2' back from trail on both sides. 8' - 10' clearance on top. CONSTRUCTION: Trails are to be cut into hillside; fill will be avoided whenever possible as trail tread. Vertical cuts into hillside will be 2:1. Switchbacks will be kept to a minimum, but will be necessary to lose or gain elevation. i /( � Jf�J `fr` /•� r �f maw J r / MUM Menu ILks WILl PROPOSED TRAIL A TRAIL BEGINNING ti 9 HIGHEST POINT OF TRAIL t C CREEK -- H �... D TRAIL END ' 1 74 Mt 1` LOWER STEVENS CREEK — TRAIL CONSTRUCTION Ottic*of tho Board of Supervisors County Government Center,East Wing 70 West Hadding Street 95110 /�►,,,,,� nt.y.of pinta Clara San Jose,California(48) -:Q21 `�rii��iiLLii tt���y. a'�i7 �aoa�zss-��� California Certificate of Insurance The ACORD or Company Insurance certificate forms do NOT MEET the SANTA CLARA COUNTY Requirements! You may complete the attached County Certificate of Insurance form or attach copies of the following policy endorsements to the ACORD or Company form. Construction and repair contracts require all 6 endorsements. All others require 1, 2, 3 & 4 at least. Special Endorsement 1. ADDITIONAL NAMED INSUREDS ENDORSEMENTS: Such insurance as is afforded by this policy shall also apply to the County of Santa Clara and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents and employees of the County of Santa Clara, individually and collectively as additional insureds. 2. NOTICE OF CANCELLATION OR CHANGE IN COVERAGE ENDORSEMENT: This policy may not be cancelled nor the coverage reduced by the Company without 30 days prior written notice of such cancellation or reduction in coverage to the County of Santa Clara at the address shown on the Certificate of Insurance. 3. CONTRACTURAL ENDORSEMENT: It is agreed this policy shall apply to liability assumed by the insured underwritten contract with the County of Santa Clara. 4. Such insurance as is afforded by the additional named insured endorsement shall apply as primary insurance and that other insurance maintained by the County of Santa Clara, it officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. A 5. XCU ENDORSEMENT: It is agreed this policy has been issued so that coverage is provided for XC and U. 6. BROAD FORM PROPERTY DAMAGE: It is agreed the provisions of this policy have been extended to provde Broad Form Property Damage coverage. All certificated must include - project name, number, and County Representative as well as a 30 day written notice of cancellation. EXHIBIT A (page 2) l�aaai REV cias —An_Eonal :)nnodunily Fmoltwer �+ Gen. .ervices Agency:Purchasing Daparlmant County of Santa Clara 1553 Berger Drive.Bldg.N1 San Jose,California 95112 California INDEMNITY AND INSURANCE CONTRACTOR AGREES TO INDEMNIFY AND DEFEND, AND SAVE HARMLESS THE COUNTY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND LOSSES WHATSOEVER ACCRUING, OR RESULTING TO ANY AND ALL PERSONS, FIRMS, OR CORPORATIONS FURNISHING OR SUPPLYING WORK, SERVICES, MATERIALS, OR SUPPLIES IN CONNECTION WITH THE PER— FORMANCE OF THIS AGREEMENT, AND FROM ANY AND ALL CLAIMS AND LOSSES ACCRUING OR RESULTING TO ANY PERSON, FIRM, OR CORPORATION FOR DAMAGES, INJURY, OR DEATH ARISING OUT OF THIS AGREEMENT, OR CONNECTED WITH THE CONTRACTOR'S PERFORMANCE OF THIS AGREEMENT. CONTRACTOR FURTHER AGREES TO REIMBURSE COUNTY FOR ANY COSTS INCURRED IN ANY LITIGATION ARISING OUT OF SERVICES PERFORMED UNDER THIS AGREEMENT. WITHOUT LIMITING CONTRACTOR'S INDEMNIFICATION, IT IS AGREED THAT THROUGHOUT THE TERM OF THIS AGREEMENT, CONTRACTOR, AT ITS SOLE COST, SHALL MAINTAIN IN FULL FORCE AND EFFECT, COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERING BODILY AND PERSONAL INJURY AND PROPERTY DAMAGE, INCLUDING "X", "C", AND "U" INSURANCE. COVERAGE FOR BODILY AND PERSONAL INJURIES SHALL HAVE LIMITS IN AN AMOUNT NOT LESS THAN PER OCCURRENCE AND COVERAGE FOR PROPERTY DAMAGE SHALL HAVE LIMITS IN AMOUNTS NOT LESS THAN $ _ PER OCCURRENCE AND $ AGGREGATE. +' CONTRACTOR, AT ITS SOLE COST, ALSO SHALL MAINTAIN IN FULL FORCE AND EFFECT THROUGHOUT THE TERM OF THIS AGREEMENT AUTOMOBILE LIABILITY INSURANCE COVERING BODILY INJURY AND PROPERTY DAMAGE. AUTOMOBILE INSURANCE COVERAGE FOR BODILY INJURY SHALL BE IN AMOUNTS NOT LESS THAN $ PER PERSON AND $ PER OCCURRENCE AND COVERAGE FOR PROPERTY DAMAGE SHALL BE IN AMOUNTS NOT LESS THAN PER OCCURRENCE. SUCH INSURANCE POLICIES SHALL NAME THE COUNTY, ITS OFFICERS, AGENTS, AND EMPLOYEES, INDIVIDUALLY AND COLLECTIVELY, AS ADDITIONAL INSUREDS. SUCH COVERAGE FOR ADDITIONAL INSUREDS SHALL APPLY AS PRIMARY INSURANCE AND ANY OTHER INSURANCE MAINTAINED BY THE COUNTY, ITS OFFICERS, AGENTS, AND EM— PLOYEES SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER CONTRACTOR'S POLICY. THIS INSURANCE SHALL NOT BE CANCELLED OR MATERIALLY CHANGED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO THE COUNTY. PRIOR TO COMMENCEMENT OF THIS AGREEMENT, CONTRACTOR SHALL FILE, WITH THE BUYER OF THE PURCHASING DEPARTMENT, A CERTIFICATE OF INSURANCE SUBMITTED ON A FORM PRESCRIBED BY THE COUNTY, CERTIFYING THAT THE LIABILITY INSURANCE COVERAGE AS REQUIRED HEREIN HAS BEEN OBTAINED AND IS IN FULL FORCE; THAT SUCH INSURANCE COVERAGE SHALL NOT BE CANCELLED OR MATERIALLY CHANGED WITHOUT THIRTY (30) DAYS ADVANCE WRITTEN NOTICE TO THE COUNTY; THAT THE COUNTY OF SANTA CLARA, ITS OFFICERS, AGENTS, AND EMPLOYEES, INDIVIDUALLY AND COLLECTIVELY, ARE ADDED AS ADDITIONAL NAMED INSUREDS TO CONTRACTOR'S COMPREHENSIVE GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES; AND THAT THE COVERAGE FOR ADDITIONAL INSUREDS SHALL APPLY AS PRIMARY INSURANCE AND THAT OTHER INSURANCE MAINTAINED BY THE COUNTY, ITS OFFICERS, AGENTS, AND EMPLOYEES SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER CONTRACTOR'S POLICY. THROUGHOUT THE PERIOD OF THIS AGREEMENT, CONTRACTOR, AT ITS SOLE COST, SHALL MAINTAIN IN FULL FORCE AND EFFECT A POLICY OF WORKMEN'S COMPENSATION INSURANCE COVERING ALL OF ITS EMPLOYEES. 8/80 EXHIBIT A 1(pageof 3) R ❑ 6p084F Do 10 all `� 1 .�� �''�v����� \lam_I � � --545 \.,�� !' I t 41 8.) /"f f�/`_ r �Qi " /.� .` •—(J \ ? = ��- Z\ �tt` `X v'` S. li iM ls\. � � ` I i //r'"/f \s �~•` ����I` \�WBtfYK — •--.-. r '�` fa'j.� <� � CC ��I ,? � , ,.\� � I .//1• �,_/,/( ( /�---, `�Ofl" J'` �\� �•`; J'I •� 70 �I�_ i, we �."�1 , off i ( (`II `\ `� _ • ! ' —11 �.�J —�/ { '� — �-..J /r� ie• , / '/ Ilk �I \14 :I i ,�,.-" ) �.v,- -� , ; if —' _ ;.ry • r ��� - 1 h T� � � � ilk) \ - =/ � - � ,, ,�. . ❑ 1�7 /' �/.�� vim./ ` c, l r.r.rr ry' ./ � �•\ iP CCHC T \ J v . ,BOONX f./. .`( ��i � , I .- ; I •.�•■ An ��. - \ - _1 1 rfi f) �� .� •=� `--;fir �I ,� 'I� } ,,,�r�"'"_`_�1 ',� '. � / - i , ■ . ttt777 our ?� . 1 , COUNTY- RAPK • //// I /j------ - ----- ` ( J` f / � � "�� �► J 1 �I,/�.;� SITE MAP (USGS) P� J I r am , //�J fl 1 1 �, •�r. ^- FREMON'I OLDER s \�1\A OPEN SPACE PRESERVE PROPOSED TRAI -,�—p`��_..i=`,r __���p\\\ —� 3��i 'f/� if��, �� _ � ✓ � �,_�,iM `) ---- EXISTING TSYSTEMg TRAIL E t '. 10 III �} 1 I I ' ' , '\ \1\ \ �` r � 1 .j i �"�•r \ � `1I � � — '. \ � r Boo — ' pp— I \v �1. •�� Scale 1 " 1.300 ' North \ ■■e�• �� r � �� �';r r��i� ■��,JJ--a-r ��'`'y�+u , ■ ■ i r r � ' ■.�+� ■ M���. �.■�. . ," �r , „■ y�.��y•�,, M-86-49 (Meeting 86-12 AA. May 14, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1986 TO: Board of Directors FROM: H . Grench, General Manager SUBJECT , Update and Proposed Additions to Legislative Program Recommendation: I recommend that you adopt the Proposed Revised Legisla- tive Program for the 1985-1986 Legislative Session. Introduction: You performed your last complete review of the District 's Legislative Program for the current session of the California State Legis- lature on October 23 , 1985 and amended the Program at that time (see memorandum M-85-14, dated October 8 , 1985) . You subsequently added support for Propositions 43 (Community Parklands Act of 1986) and 51 ("Deep Pocket" Initiativb) on the June ballot and for SB 1717 (see memoranda M-86-32 , dated April 1, 1986; M-86-14 , dated January 30 , 1986 ; and M-86-17 , dated February 10 , 1986 respectively) . Presented herein is an update of the Legislative Program as it now stands plus proposed additions and a change to it. The Legislative Committee met in a public meeting on April 16 , 1986 and, after discussion, decided to support the three proposed additions shown in the attached table. Proposed Additions : The item numbers in the following discussion are keyed to the numbers in the attached "Proposed Revised Legislative Program for 1985-86 Session. " Item (5b) : In 1980 the . District sponsored AB 3299 , which became law. Included in the original form of the bill was a provision empowering (or clarifying the power of) regional park and open space district boards to use the-provisions of benefit assessment district law. At that time the Legislature was struggling with the aftermath of Propo- sition 13 and local agency finance ; consequently, the provision was dropped . Now that things have settled down, the idea can be reintro- duced. A benefit assessment district can be a useful tool in carrying out the wishes of residents of an area to participate specially in a particu- lar acquisition or development project where additional funding is needed, as was the case for the Hassler assessment district. While our District Counsel is of the opinion that regional park and ,open space districts organized under Public Resources Code Sec. 5500 et seq. can probably utilize the improvement and assessment proceedings of the improvement acts of 1911, 1913 , and 1915 , he has stated that the matter is not free from doubt. This is due in part to the different language used in each act to describe the local agencies that may use its provisions. (See Streets and Highways Code Secs. 5005 , 10003 , and 8503 . ) The proposed amendment would make clear that regional park M-86-49 Page two and open space districts could utilize the three commonly used assess- ment district acts in the sole discretion of the district' s board of directors. The new code would read as follows : 5539 .5 . All provisions of the Improvement Act of 1911 (Division 7 (commencing with Section 5000) , Streets and Highways Code) , the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) , Streets and Highways Code) , and the Munici- pal Improvement Act of 1913 (Division 12 (commencing with Section 10000) , Streets and Highways Code) , are applicable to a district. Whenever the public interest or convenience require, a district may, in the discretion of the board of directors , use any or all provisions of these acts in order to carry out any purpose of the district. Item (5c) : A regional park or open space district can issue limited dollar amounts of notes by action of its board to raise funds for acqui- sition or development. It is not clear what power a board has to refinance (refund) the notes to take advantage of lower current market interest rates or to gain a more advantageous cash flow. Additionally, although a district can borrow on a short-term basis via tax anticipa- tion notes , for example , to cover the so-called "dry period" between the start of the July 1 budget year and the first significant tax revenues in December, these must be repaid from the next property tax revenues. District Bond ,Counsel is in the process of doing research in order to suggest specific language for the proposed amendment. Item (7) : Redevelopment agencies (usually governed by city councils) typically make use of tax increment financing to retire bonds that are sold to provide funds for the redevelopment project. The tax increment each year represents the additional property taxes from the overall 1% property tax assessment that are collected from the redevelopment area over those collected in the base year (the year the project is adopted) . The taxes distributed to the individual taxing entities , therefore, are frozen at the base-year level for the time it takes to service the bonds or other debt, which may be 20 years, 30 years or longer. Although the various entities stand to gain income eventually from the increased assessment of a redeveloped area, some or all of the redevelopment arguably might occur even without the redevelopment project. To this extent other agencies are subsidizing the redevelopment out of their foregone taxes. Under the law, the redevelopment agency may enter into an agreement to share the increment with another agency. It is the counties that have the most clout in dealing with the cities and some- times do get a share. Unfortunately, in our experience the counties do not negotiate the same deal for the special districts , which have little influence. The proposal is to require that any formula providing for sharing of the tax increment that applies to one affected agency must also apply to the other affected agencies. Thus , if a county were to receive 25% of the increment that the county might otherwise be giving up, a M-86-49 Page three special district would likewise give up only 75% of its "contribu- tion" to the increment. Since aside from the city in question (which is directly benefitting from the redevelopment project) , the school districts (which are already taken care of under the law) and the county receive the lion's share of the property tax; therefore, sharing the increment with the special districts should be a minor additional loss to the redevelopment agency. The Redevelopment Code would have to be amended by amending abill already going through the Legislature or by introducing new legislation. Item 9 : Assembly Bill 1563 has been completely changed by East Bay Regional Park District for another purpose . Therefore, this item can be dropped. Adopted by Board of Directors August 28, 1985 Amended October 23, 1985 Updated and Recommended Revisions : PROPOSED REVISED LEGISLATIVE PROGRAM FOR 1985-86 SESSION May 8, 1986 4 Item Bill Prime Lead Support/Oppose/ No: No. Sponsor Author No Position Priority Summary Status 1 AB 13 Roos S A Protection of District' s current Signed by Governor share of property tax 2 - MROSD - S A Funding for proposed Bear Creek Red- Property not yet woods State Park if property becomes available available at reasonable cost 3 - MROSD - S A Funding for trail corridor con- Exploratory dis nections, in fee or easements, cussions on poten- from MROSD lands to State parks tial legislation 4 a AB 2253 MROSD Sher S B Clarification and strengthening tren . t c s �J of dedication rules to assure that trail and open space easements can be protected by dedication - P .R.C. 5540 4b AB 2253 MROSD Sher S B Modernization of repayment schedule Signed by Governor for district debt and sales require- ments to allow, for example, equal payments of principal plus interest rather than just principal - P.R.C. 5544 .1 and 5544 . 2 5a SB 1685 MROSD Bergeson S B Housekeeping change to P .R.C. 5552 Passed Senate ; to to add check signatory authorization Assembly by resolution 5b SB 1685 MROSD Bergeson S B Would add P.R.C.-Sec. 5539 . 5 to allow Proposed addition District' s Board of Directors to to Legislative use provisions of 1911, 1913 and Program 1915 improvements acts 5c SB 1685 MROSD Bergeson S B Would amend P.R.C. to allow Proposed addition DisL icL Lo rerun(] and -i�<�.f:i.r�ancc IO kogi !;1 .1 ( i-vo notes and more read. ly Ll( .i 1J.r0 P1*0grarii short term financin(j C 5/8/86 i I Item Bill Prime Lead Support/Oppose/ Priority Summary Status No. No. Sponsor Author No Position 6 - MROSD - - - Modification of Brown Act to Referred to Legis- j allow Closed Session discussions lative Committee; of properties within master plan further direction planning area, possibly without to Committee ex- a list or parcel-specific notice pected from Board 7 - MROSD - S B Require a redevelopment agency, Proposed addition when it shares a portion of the to Legislative tax increment with one entity Program levying taxes within the re- development area, to share with other entities levying taxes within the redevelopment area an equal percentage of taxes that would have been lost by each entity 8a SB 360 EBRPD Lockyer S B Housekeeping changes to bring rules regarding filling of board vacancies into conformity with Elections Code-P.R.C. 5536 (c) Signed by Governor 8b SB 360 EBRPD Lockyer NP - Allowance of up to $100 compen- sation for board member atten- dance at committee meetings and field trips, but maintaining $100 ' daily and $500 monthly maximum for all meetings--P.R.C. 5536 (b) 9 AB 1563 EBRPD Bates NP - gang audit publication date Language deleted from from not``ta-ter_ than 90 to not bill. later than 120 d y's-`-,.f-te.Y__�,nd of fiscal year - P .R.C. 555y4""`•`-- 10 AB 355 EBRPD Rlehs S C Housekeeping changes regarding Died in Committee disposition of district records- P.R.C. 5557 . 1 5/8/86 Item Bill Prime Lead Support/Oppose/ Priority Summary Status No. No. Sponsor Author No Position 11 AB 601 EBRPD R. Campbell NP - Allowance of up to $100 compen- Signed by Governor sation for board member atten- Contains Urgency dance at committee meetings and Claus field trips, but maintaining $100 daily and $500 monthly maximum for all meetings - P.R.C. 5536 (b) 12 SB 805 - Presley S B Wildlife and Natural Areas Con- To Assembly Public servation Act of 1986 to author- Insurance, Finance ize $85,000 , 000 State bond issue and Bonded Indebted- for use by Wildlife Conservation ness Board 13 (SB 806) - (Presley) S (A) Community Parklands Act of 1986 Signed by Governor; to authorize $100 , 000, 000 State Proposition 43 bond issue for local acquisition and development grants 14 SB 1717 PCL Maddy S A California Agricultural, Natural Passed Senate and Park Lands Conservation Act Natural Resources ; to authorize a $500 ,000 State to Senate Appro- bond measure priations 15 AB 2198 Schools Felando O C Severe limitation of application Died in Committee of Naylor bill requiring offer of some below-market sale of surplus school property to public agencies 16 AB 1456 Fairs Clute 0 C Make citrus fruit fairs eligible Signed by Governor for 1984 Park and Recreation Bond Act funds 17 AB 2020 Californians Margolin S C Require deposit on beverage To Conference Committee Against Waste bottles 18 Prop. 43 Tahlxaycrs for Fair- S - Fail- Responsibility Act of 1986 ; June State ballot y "poop Pocket" Initiative i.ni l.ial iv(� moilsilre; M-86-51 %L lor (Meeting 86-12 0 1% May 14, 1986) am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1986 TO: Board of Directors FROM: Herb Grench, General Manager SUBJECT: Report from CPRS Legislative Conference and Authorization of Expenses for Director' s Attendance Director Wendin and I are planning to attend the California Park and Recreation Society Annual Legislative Conference on May 13 in Sacramento. We will report on conference highlights at your May 14 meeting. Although, I thought pre-approval (the customary timing) of Director Wendin s expenses had been obtained from the Board, I can find no such record in the minutes. Therefore, it would be appropriate now to approve the expenses (a total of about $167. 00) . M-86-43 A- (Meeting 86-12 Ak AW May 14, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 1, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Clarification of Questionnaires Regarding Use of Brown Act, Acquisition of Lands Outside District Boundaries, and Annexation Introduction: At your meeting of April 23 , 1986 you adopted the questionnaires which were proposed by the Land Acquisition Policy Committee (see report R-86-27 dated April 9, 1986) . You agreed to fill them out and submit them to the Committee members for analysis within 30 days (by May 23) . If you will send them to the office, staff will copy and distribute them to the Committee. You also agreed to place an item on the May 14 agenda to answer any questions Directors may have in interpreting the questionnaire. Recommendation: I recommend that the Committee make any necessary clarification on May 14. ldA, M-86-45 ie (Meeting 86-12 IV a May 14, 1986) *so MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 14EMORANDUM May 6, 1986 TO: Board of Directors FROM: Budget Committee (K. Duffy, T. Henshaw, D. Wendin) PREPARED BY: H. Grench, General Manager SUBJECT: Director' s Compensation Recommendation: The Budget Committee recommends that the Board consider that Director' s compensation be increased effective July 1, 1986 from a maximum of $200 per month for Regular or Special Board meetings to $300 per month for Regular or Special Board meetings, and for Board-established committees of which the Directors are members . As is true now, no Director would receive more than $100 a day no matter how many meetings were held that day. Introduction: At your meeting of November 13 , 1985 in connection with changes in your Rules of Procedure, the question was discussed of increasing the number of meetings for which Directors could be compensated (see memo- randum M-85-30 dated November 13, 1985) , but no action on an increase was taken other than to place the matter on a future agenda at the discretion of the President. The impetus for the November 13 discussion was recogni- tion of the large number of extra Board meetings and committee meetings the Board had. The matter has since been discussed at a number of public meetings of the Budget Committee. The Budget Committee has asked (and the President has concurred) that this matter be placed on your agenda at this time so that any change in compensation can be reflected in the fiscal year 1986-1987 proposed budget. Discussion: Public Resources Code Section 5536(b) , pertaining to directors' compensation reads as follows : The Board may provide, by ordinance or resolution, that each of its members may receive an amount not to exceed one hundred dollars ($100) per day for each attendance at a meeting of the board. For purposes of this section, a meeting of the board includes, but is not limited to, closed sessions of the board, board field trips , district public hearings , or meetings of a committee of the board. The maximum compensation allowable to a board member on any given day shall be one hundred dollars ($100) . Board members shall not receive any other compensation, and no board member shall receive more than five hundred dollars ($500) compensation under this section in any one calendar month. A board member may elect to waive the per diem. In addition, the board may provide, by ordinance or resolution that each of its members not otherwise eligible M-86-45 page 2 for an employer-paid or partially employer-paid group medical or group dental plan, or both, may participate in any of those plans available to permanent employees of the district on the same terms available to those district employees or on terms and conditions as the board may determine. A board member who elects to participate in any plan may also elect to have the premium for the plan charged against his or her per them and may further elect to waive the balance of the per diem. The related paragraph of Section 2. 30 of your Rules of Procedures is more restrictive, reading as follows : Members of the Board shall receive one hundred dollars ($100. 00) for each attendance at regular or special meetings of the Board or regular or special meetings of the Board con- tinued from another day. They shall not receive pay for more than two such meeting days in any one calendar month. The following table lists the numbers of Board meetings and approximate numbers of the more active committee meetings for each fiscal year starting in 1981-82 through the current fiscal year. MEETING TYPE NUMBER OF MEETINGS IN FISCAL YEAR 81-82 82-83 83-84 84-85 85-86 Legislative Committee 3 2 2 2 2 Budget Committee Generally 6-7 times per year Land Acquisition Policy Committee 7 Dog Committee 3 2 Office Space Committee 1 2 5 2 Public Notification Committee 5 Subtotal 16 11 14 14 18 Board Meetings 27 30 29 28 32 TOTAL 43 41 43 42 50 The foregoing table shows that there have been many more meetings which are compensible under current law than allowed by your Rules of Proce- dure. The Committee discussed whether there might be any temptation to have more meetings in order to collect additional compensation and decided that there were already more than enough Board and committee meetings that would be compensible. Action: If you decide that changes should be made in allowable Director' s compensation, then the General Manager or Legal Counsel should be directed to draft and place on an agenda in the near future a proposed amendment to your Rules of Procedure. My approach would be to make the Rules of Proce- dure explicit enough that it would rarely be necessary to request an inter- pretation by the Board as to whether a particular meeting was compensible. If you decide to make committee meetings compensible, I would request policy guidance as to whether a committee established by another agency on which the District has one or more representatives or a "committee" of one established by the Board should be compensible assignments. In the opinion of District Legal Counsel they would qualify under the law. M-86-54 (Meeting 86-12 May 14, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Services Manager SUBJECT: Amendment to Agreement with Foss and Associates for Personnel Consulting Services Recommendation: I recommend that you approve and authorize the President ot the oar to sign the attached agreement between the Midpeninsula Regional Open Space District and Foss and Associates . Background: In January 1979, you hired Gary C. Foss to conduct an extensive study of the District' s pay and fringe benefit plans (see report R-79-3 of January 18, 1979) . Mr. Foss was compensated a total of $2400 for the study. Subsequently on August 23, 1979 , an on-going professional services contract was signed with Mr. Foss to render certain special and continuing professional personnel and employee relations services and to advise on an on-going basis (see memorandum M-79-120 of August 17, 1979) . This contract called for monthly compensation rate of $550 per month. In June 1982, a new contract with Mr. Foss was negotiated for a two year period (July 1, 1982 through June 30, 1984) calling for a monthly com- pensation rate of $400 per month for approximately 8 to 10 hours per month of consulting services. In May 1984, you approved another two-year contract (July 1, 1984 through June 30, 1986) calling for a monthly compensation rate of $500 per month for an expected range of 9 to 1 hours of service per month (see memorandum M-84-44 of May 2, 1984) . This contract also included a $40 per hour extra project rate. Discussion: The proposed agreement (see attached mark-up of current agreement) ! with Mr. Foss is for a term commencing July 1, 1986 and concluding on June 30, 1988 unless terminated earlier in accordance with the terms of the contract. The proposed rate of compensation is $550 per month for ten hours of service per month. This monthly compensation rate is equivalent to $55 per hour and reflects a 10% increase in Mr. Foss ' current hourly rate calculated using an average of 10 hours per month. In addition, a projected 25% increase is reflected in the proposed $50 per hour special project rate. As noted in the second Paragraph of Section 5 , Compensation, Mr. Foss would be compensated at this $50 rate for special projects expected to require an exceptional number of hours after first crediting the District with any unused ten basic service hours per month. The need for the District to retain a Personnel Consultant whose services are compatible with those of a Personnel Director continues to exist at M-86-54 Page two the District. While the Administrative Services Manager handles more and more of the daily personnel activities, the Personnel Consultant is able to provide the services, knowledge, and expertise that are beyond the scope of the position's required experience and knowledge. In addition, the need for a Personnel Consultant has increased, rather than decreased, since 1979 when Mr. Foss was first hired., due to the increased number of District employees . This increase not only expands the time required for personnel-related activities (i.e. payroll, benefit administration, performance evaluations, responding to employees ' questions, etc. ) , but generates the need for expanded and refined policies and procedures, as well as resolution of employee concerns or issues . The retention of Mr. Foss as the District's Personnel Consultant will allow a continuity in addressing the District' s various personnel needs. Since 1979 Mr. Foss has developed a sensitive awareness of the District' s personnel-related needs, and had done an outstanding job at a very reasonable cost. He has developed a good working relationship with myself, the Administrative Services Manager, and other staff members, and I feel he has met your expectations in Board-related work assignments . GREEMENT BET I THE MIDPENINSULA REGIONAL C SPACE DISTRICT AND I FOSS AND ASSOCIATES This r,-reement entered into on this by and betweenOSS AND ASSOCIATES (hereinafter called "Contractor") and the MII0?E1jTUSULA REGiONAL OPEN SPACE DISTRICT (hereinafter called the "District") . l WITNESSETH: WHEREAS, The District proposes to engage Contractor in accordance with the terns and conditions set forth herein to render certain special and con- tinual professional personnel and em�:ployee relations services and advice on an on-going basis. W;H:REAS, Contractor is specially trained and possesses certain skills, experience, education and competency to perform the special services, and District desires to"engage Contractor for such special services uper. the terms herein provided: NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMLi1T OF CONTRACTOR The District hereby agrees to engage Contractor, and Contractor agrees to erfor� the rofessional services and advice � eashereinafter p s e t r z :z ot _ 2. ADMINIST?ATOR OF GR E E' The General Manager shall be the District's representative for the purpose of administering this Agreement. llork assignments to Contractor shall be made by the General Manager. Work assignments relating to direct appointees of the Board of Directors of the District may also be directly made by the President of the District's Board as directed by the District's Board of Directors, and the Contractor shall in this case report directly to the Board of Directors. Mr_ Gary C . Foss shall be in charge of the performance of this Agreement as Contractor_ 3. SCOPE OF'SERVICES • The Districf agrees to employ. the Contractor to provide services in accord with the work described in "Exhibit A" attached hereto and incorporated herein_ 4. TER.", OF AGREEMENT 1986 The term of this Agreement is to commence July 1,-4954- and to conclude on June 30, -i986 1988 unless terminated earlier as specified in Section 6, 7, or 8 of this contract. 5. COMPENSATION II The District agrees to a the Contractor, as con a e 9 pay p�rzsa ion for �h� services set forth herein, the sum of J5% .550 per month for an expected average of-9=te wo hours of services per month as necessary. Payment under the Agreement shall b` made promptly by the District upon submission by the Contractor of ronthly invoices. Such compensation shall include all costs and expenses of Contractor, except h =- f that extra ordinary r r p Ana y expenses of printing of multiple copies o. reports. of Contractor shall be separately reimbursed if approved in advance by ti:e General Manager. - When special projects, as assigned by District with agrec—ant of Contractor, are $50 expected to require an exceptional number of hours, the Contractor will be paid per hour for those services after first crediting District ,,ith an v L;nused nu-71',,er C" hours co,,Pipi by M-1,11tiplying by 10 the nu r of months which have 2--s:-J since "ily 1 , 4;4- 1986 and subtracting the hours soent on basic services S;n-n - - - limo. S,DCCial projects and the maximums hours that may be billed for 7, - sh all be -­uthorized in advance by District. &E2--h M.Cnt' h Contractor shall submit an invoice for services rendered and ri---cord of the number of hours worked that month under this District S.'nall Day for services rendered vAthir, thirty (30) days o';F receipt oj� invoice`'. Failure of the District to accept the reco!-,imendations and conclusions of L - the Con-tractor on th�� b7�sis of differences of professional opinion shall be the basis neither for non-acceptance of the work performed by the Contractor nor for non-payment to the Contractor. It is expressly Understood and . a,,reed that this vritten Agreement-, consti- Lutes, the entire agreement of Ccn� L L L L Lrzctor and District and in no event shall = * inn other than those provided Contractor be entitled -0 any compErs herein- 6. TER,IITNATION OF AGREEMENT FOR C f'-.U S E Upon breach of this Aqreem-ent, District sh 6 all have the right to terminate this Aqreeiment, by givirq written notice to Contractor of such termination and I- specifying the effective date thereof, at least five (5) days before the effec- L X tive date of such termination. In that event, all finished or un' inished documen,-S, and other materials as described in Paragraph 17 prepared by Contrac- tor shall become the sole and exclusive property o- District, and Contractor shall be entitled to receive reasonable compensation for any satisfactory work to exceed the arnounts payabie L L cOr-DIleted. on such documents, or other such materials to date of termination, not I to datte- of termination un-fer Paragraph 5, reduced bY tie amiount of da.--=c=-z- s:;s-a I ed W ' DistL iIct b rasoy e - nU a such breach- 7. TERMI NATION FOR CONVENIENCE OF DISTRICT District may terminate this Agreement, at any time, by giving written L notice to Contractor of such termination and specifying the effective date thereof at least sixty (60) days before the effective date Of such termination- In that event, all finished or unfinished documents and Other materials as described in Paragraph 17 shall become the sole and exclusive property of the District- If the Agreement is terminated by District as provided herein, Contractor shall be paid the monthly retainer payments., or proportion thereof if final period is less than a full month, payable as provided in Paragraph 5 through the date of Such termination. Contractor hereby expressly naives any and all claims for da-mages or compensation arising under this Agreement excep4l-- as set forth in this paragraph in tiie event of such termination. 8. TERMINATION FOR CONVENIENCE OF CONTRACTOR Contractor may terminate this Agreement by giving written notice to District Of such termination and specifying the effective date thereof at least Sixty (60) days be-core the effective date of such teralination- - that District steal I be allowed to seek it is expressly agreed and understood In that even another Consultant to complete Contractor's %.-;orks and, as requested by the Admninist-rator bF '-his Agreement, designated in Paragraph 2, Contractor will pro- vide assistance and advice to Contractors successor to faCili , transition caused by such termination, orovided that such n, in ease the period of L his SUCCeSSOL irgum period of assistance and advice by Contractor to L termination. I shall not extend beyond the effective date of this termina Oil. Upon termination, as he)­ein provided, all L -erials as described in Paragraph 17 finished or unfinished documents and other mat shall the sole and exclusive property L of District_ If the Agreement is terminated by Conti,L!ctor as herein provided, Contractor shall be paid the monthly retainer Pdyr:ents, or proportion thereof if final period is less than a full mon,.'r., Payable as provided in Paragraph 5, through the date of such termination_ a -, NG J. C/{1;i�..�S District may from tiro to time require changes in the scope of the services of Contractor to be performed hereunder including but not limited to the desig- nation or one or more specific projects. District and Contractor shall review the average nuimber of hours worked per manta by Contractor every six months Significant deviationrange specified ih Paragraph 5 shall be a basis of discussion of modifyingethi Agreement_ 10. EQUAL OPPORTUNITY The Contractor will not discriminate against any W-Ployee or applicant for employm{lent because of race, color, r�li ion nation al nal or igin,ri in c r_ e o sex- Contractor will take affirmative action to insure that applicants 9 •. p licants are e�m =� Zo a ed and that�, employees o ees a ? 1 p y are treated during emplo ,Lent withauL regard to their race, color, religion, national origin, age or sex. Contractor will in all solicita- tions or ad verti se,,:ents ,,"ar employe-- placed by or on behal f of the Contractor, state that all qualified applicants will, receive consideration for employment without regard to race, color, religion, national origin, age or sex_ 11. ASSIG;NABILI TY The Contractor shall not assign any interest in this Agrec-raent, and shall not transfer any interest in the same (whether by assignment or novation)_ 12. !NTC DzST OF CONTRACTOR r Contractor covenants that he presently has no interest including, but not limited to, other projects of independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree _ with the performance of services required to be performed under this Agreement_Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by him under this Agreement_ 13. INSURANCE AND HOLD HARMLESS AGREEMENT Contractor agrees to maintain such insurance as will fully protect both Contractor and District from any and all claims under any workers' compensation act or employers liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Contractor, any subcontractor or by anyone directly, or indirectly engaged or employed by either of them. Contractor shall exonerate,. indemnify and hold harmless District from and against and shall assume full resYonsibility for payment of all federal , state and local taxes or co imposed or required under unemployment insurance, social se tions curity and intribtribuu tax laws, with respect to Contractor and Contractor's employees engaged in perfor- mance of this Agreement. District and its agents and employees, shall not be, nor be held liable for any ./ liabilities , penalties, or forfeitures, d4«?ge to the goods, properties or for any 9 properties or effects of Contractor, or oA any other persons whatsoever, nor for personal injury to or death of theca whether caused by or resulting from any negligent act or omission of Contractor_ The provisions:of this paragraph do not relieve the District of its liability for damages to Con- tractor caused by District's negligent acts or omissions_ Contractor further agrees toindemnify and hold harmless District and District's agents and emo;31oyees> against and from any and all negligent acts caused by the Contractor. 1 14_ I;OT ICE Any notice or notices required or' permitted to be given pursuant to this AgreEmment may be personally served on the other p arty by thearty giving such notice, or may be served by certified mail , postage prepaid, return receipt requested, to the following address: District. General Manager N.idpeninsula Regional Open Space District Otd M.i.0 064ice Centeh Building C. Suite 135 -_Los Alt es, GA 94 822 201 San Antonio Ci4cQe Contractor_ _ Mountain View, CA 94040 EoS� and Aa s ociata 103'- Russell Avenue Los Altos, CA 94022 1 S_ PNDcrti;D`NT CONTRACTOR It is agreed that District is interested only in the results obtained and that Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement_ Contractor shall complete this Agree ent according to his own means and methods of work which shall be in the exclusive charge and control of Contractor and which shall not be subject to control or supervision by District except as to the results of the work- Contractor is, for all purposes arising out of this Agree- ment, an independent contractor, and he shall not be deemed an employee of District_ It is expressly understood and agreed that Contractor shall in no event be entitled, including, but not limited to overtime, any retirement bene- f:ts, warE ers' COM:Densati on benefits, and injury leave or other leave benefits_ lb. This Agreer;,ent shall be construed and interpreted according to the laws 1 of the State of Caliornia 17_ Olti tiERSHIP, PUBLICATION, REPRODUCTION.- ANID USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of District_ Ho such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright, cr patent right by Contractor in the United States or in any other country without the express written consent of District- District shall have unrestricted authority to publish, disclose, distribute, and otherwise use copyright or pu5lish in whole or in part any such reports, studies, data, statistics, forms, or other materials or properties produced under this Agreement. IN WITNESS 141HEREOF, District and Contractor have executed this Agreement as of the date first written above. HBPENINSULA REGION,",L OPEN SPACE DISTRICT APPROVED AS TO F ORII By AND CORRECTNESS Pne/sident, Boa,, d og Di eetou 4R_ �N�StanFOSS AND ASSOCIATES or n s� District Lecal Counsel By _ I EXHIBIT A It is the intent of the Midpeninsula Regional Open Space District and Gary C. Foss that Mr. Foss will continue to provide personnel services to the District_ The first aspect of these services includes further training of District personnel particularly arly the sen cce�s M>ang 9 en in Providing in— house personnel administration. The secon d., �d a s pec is to continue to provide ro— fessional services beyond the scope A �- 'eve Se�cv�ee�sMana�geh'p p.. o-" the experience and knowledge. The personnel services referred to will be considered compatible with those of a Personnel Director, covering suc� areas as, but nat limited to: affirmative action; employee relations; grievance administration; - recruik at and selectionadvice• Personnel rule interpretation; class an compen on caon/plan maintenance and modification; study of staff organizational structure- problem solving in per— sonnel matters; advice on the administration of health and safety b-I its and the related personnel programs; and providing of general advice and directions on the personnel management programs and policies as needed_ It is the intent of the Contractor to be available on cal7. and to be present at the District office both as needed and on a negutatzty 6cheduee.d bah" to fu lfill the intent of this contract. i AGREEMENT BETWELiv THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND FOSS AND ASSOCIATES This Agreement entered into this by and between FOSS AND ASSOCIATES (hereinafter called "Contractor" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter called the "District") . WI TNESSETH: WHEREAS, The District proposes to engage Contractor in accordance with the terms and conditions set forth herein to render certain special and con— tinual professional personnel and employee relations services and advice on an on-going basis. 14MEREAS, Contractor is specially trained and possesses certain skills, experience, education and competency to perform the special services, and District desires to engage Contractor for such special services upon the terms herein provided_ NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The District hereby agrees to engage Contractor, and Contractor agrees to perflorni the professional services and advice as hereinafter set forth_ µ 2. ADMINISTRATOR OF AGREEM; T The General. Manacer shall be the District's representative for the purpose of administering this Agreement. 'Wort: assignments to Contractor shall be made by the General Mianager. Work assignments relating to direct appointees of the Board of Directors of the District may also be directly made by the President of the District's Board as directed by the District's Board of Directors, and the Contractor shall in this case report directly to the Board of Directors. Mr_ Gary C_ Foss shall be in charge of the performance of this Agreement as Contractor_ 3. SCOPE OF'SERVICES The Districf agrees to employ, the Contractor to provide services in accord with the work described in "Exhibit A" attached hereto and incorporated herein_ 4. TER�1 OF AGREEMENT The term of this Agreement is to commence July 1, 1986 and to conclude on June 30, 1938 unless terminated earlier as specified in Section 6, 7, or 8 of this contract. 5. CO,�PEMSATION The District agrees to pay the Contractor, as compensation for the services set forth herein, the sum of $550 per month for an expected average of 10 hours of services per month as necessary. Payment under the Agreement shall be made pro-miptly by the District upon submission by the Contractor of monthly invoices. Such compensation shall include all costs and expenses of Contractor, except that extraordinary expenses of printing of multiple copies of reports of Contractor shall be separately reimbursed if approvad in advance 5v ihn Ccner, Manager. ` When special projects, as assigned by District with agreE-7-2nt of Contractor, are expected to require an exceptional number of hours , the Contractor c.ti i l be paid $50 per ;our for those services after first crediting District ;ith anv unused nu75er c-: hours compu by multiplying by 10 the nui of months wrhich have ela--se-d 'since July 1 , 1986 and subtracting the hours spent on basic services 3 Z e tn_t t i M-2 Special projects and the rraximum hours that may be billed for shall be authorized in advance by District. Each month Contractor shall submit an invoice for services rendered and sub,mit therewith a record of the number of hours worked that month under this r_.9.-eement. District shall pay for services rendered withir. thirty (30) days. 0 X - ; receipt of invoice. Failure of th e District to accept the recommendations and conclusions of the Contractor on n the basis of differences of professional opinion shall be the basis neither for non-acceptance of 'the work performed by the Contractor nor for non-payment: to the Con-tractor. It is expressly understood and. agreed that this written Agreement consti- Lutes the entire agreem.ant of Contractor and District and in no event shall Contractor be entitled to any comitpens-ation other than those provid-e-C.? herein. 6. TERMTNATION OF AGOHM=NT FOR CA.US=. Upon breach of this Agreement, District shall have the right to terminate this Agrearment, by giving written notice to Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effec- tive date of such termination. In that event, all -finished or unfinished documents, and other materials as described in Paragraph 17 prepared by Contrac- tor shall become the sole and exclusive property of District, and Contractor shall be entitled to receive reasonable compensation for any satisfactory work completed on such documents, or other such materials to date of termination, not to _xc=ed the amniounts o3va!)1e to date of& termination under Paragraph 5, reduced iP Cy the a-miount of da.-aget s-jstained by i Sist L rct, by reason of such breach- 7. TERIiItNIATION FOR CONVENIENCE OF DISTRICT District may terminate this Agreement, at any time, by giving written notice to Contractor of such termination and specifying the effective date thereof at least sixty (60) days before the effective date of such termination- In that event, all finished or unfinished documents and other materials as described in Paragraph 17 shall become the sole and exclusive property of the District- If the Agreement is terminated by District as provided herein, Contractor shall be paid the monthly retainer payments., or proportion thereof if final period is less than a full month, payable as provided in Paragraph 5 through the date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as Set forth in this paragraph in the event of such termination. S. TLEOV,!IIIIATION ;FOR CONVENIENCE OF CONTRACTOR Contractor may terminate this Agreement by giving writter, notice k�L t -)-� i , ce to District of such -teri-itinattion and specifyin; the effective date tjj�,-ec)f at least Sixty (60) days before the effective date of such termination- I that event, it is expressly agi-ced and understood that District shall be ajloti,,?d to seek e another Consultant, to complete Contractor's .,;ork, and, as recites Led by the i.,.7,Jni sera for of this agreement, designated in Paragraph 2, Corti-i-actor will pro- vice assistance and laivice to Contractor's successor to ra c-i I i La Le the period of Lrc,!:,sition caused by such ten-,iination, provid�cl that Such r)eriod of assistance and advice. by Contractor to his successor shall noi- extend beyond the of L �c' l­,;o date of this termination. Upon '-r;:,,ination, as hereiii provided, all ! r-' s.h -i cr CIOC:Lmi�>nts and other L � ,,rials as ! ­li decriblld in Paragraph 17 e solr2 and exclusive property of District -if th'e Agreement is t:_--d by tor as herein provided, Contractor shall be paid the monthly retal,er -ay-nents , or p.-oportion thereof if final period is less than a full mon r th, payable as provided in Paragraph 5, through the date of such termination- 0. CU".111":71Z I %Is"-A%z District may from tire to time require changes in the scope of the services of Contractor to be performed hereunder including but not lin,i*' ed to the desig- nation of one or more specific projects. Dis.&.rict and Contractor shall review the average numiber o hours worked per e a- ri-onth by -on ractor very six months. Significant deviation from the range specified in Paragraph 5 shall be a basis of discussion of -codifying this Agreement- 10. EQUAL OPPORTUNITY The Contractor will not discriminate against. any emp"lloyee or appTicant for employmm-n-t- because of race, color, religion, national origin, age or sex_ Contractorwill take affirmative action to insure that.applicants are employed and that employees are treated during -eirploy-ment Without regard to their race, n, national origin, age or sex. Contractor will in all solicita- tions or advertisements for employees placed by or on behalf of the Con4,,-ractor, state that all qual ifNed applicants will receive consideration for employment without regard to race, color, religion, national origin, age or sex. 11. ASSIG";IABILITY The Contractor shall not assign any interest in thit Agre -n' -, and shall not 4, e en transfer any interest in the same (whether by assignment or novation)- 12. MEREST 0.7 COINITRACTOR Contractor covenants that he presently has no interest, including, but not limited to, other projects of independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement_ Contractorfurther covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by him under this Agreement- 13. INSURANCE AND HOLD HARMLESS AGREEMENT Contractor agrees to maintain such insurance as will full y prated both Contractor and District from any and all claims under any workers' compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Contractor, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. Contractor shall exonerate,- indemnify and hold harmless District from and against and s.hall assume full responsibility for paymentL of all federal , state and local taxes or contributions imposed or required under unemployment insurance, social security and inco,-,.,- tax laws, with respect to Contractor and Contractor's employees engaged in perfor- mance of this Agreement. District and its agents and employees , shall not be, nor be held liable for any liabilities , penalties, or forfeitures, or for any damage to the goods, properties or effects of Contractor, or of any other persons ti-.,ha tSoever, nor for personal injury to or death of then whether caused by or L resulting fro.-a any negligent act or omission of Contractor Tireprovisions-of this paragraph do not relieve the District of its liability for damages to Con- tractor caused by District's negligent acts or omissions. Contractor further agrees to indemnify and hold harmless- District and District's agents and employees. against and from any and all negligent acts caused by the Contractor. 14- 110T ICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or ray be served by certified mail , postage prepaid, return receipt requested, to the following address: District_ General Manager Midpeninsula Regional Open Space District Old Mill Office Center, Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Contractor: Foss and Associates 1035 Russell Avenue Los Altos, CA 94022 15. INDEPENDENT CONTRACTOR It is agreed that District is interested ..rested only in the results obtained and . than. Contractor shall perform as an independent contractor with sole control of the manner and r:eans of performing the services required under this Agreement. Contractor shall complete this Agreement according to his own means and methods of work which shall be in the exclusive charge and control of Contractor and which shall not be subject to control or supervision by District except as to the results of the viork. Contractor is, for all purposes arising out of this Agree- ment, an independent contractor, and he shall not bed de emed ed an employee of District. It is expressly understood and agreed that Contractor shall in no j event be entitled, including, but not limited to overtime, any retirement bene- fits, workers' compensation benefits, and injury leave or other leave benefits. 15_ This Agreement shall be construed and interpreted according to the laws of the State of California 17_ ' Ok"1ERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of District_ No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright, or' patent right by Contractor in the United States or in any other country without the express written consent of District. District shall have unrestricted authority to publish, disclose, distribute, and otherwise use copyright' or publish in whole or in part any such reports, studies, data, statistics, forms, or other materials or properties produced under this Agreement. IN WITNESS 'WHEREOF, District and Contractor have executed this Agreement as of the date first written above. NIDPENINSULA REGIONAL OPEN SPACE DIS`tRICT APPROVED AS TO FOR1.1 By AND CORRECT14ESS President Board of Directors 91 Stan ey R_ ;or FOSS AND ASSOCIATES District Legali&nsel Qy c= _ I EXHIBIT A It is the intent of the Midpeninsula Regional Open Space District and Gary C. Foss that Mr. Foss will continue to provide personnel services to the District. The first aspect of these services includes further training of District personnel , particularly the Administrative Services Manager, in providing in-house personnel administration. The second aspect is to continue to provide pro- fessional services beyond the scope of the Administrative Services Manager's experience and knowledge. The personnel services referred to will be considered compatible with those of a Personnel Director, covering such areas as, but not limited to: affirmative action; employee relations; grievance administration; recruitment and selection advice; personnel rule interpretation; classification" and compensation plan maintenance and modification; study of staff organizational structure; problem solving in personnel matters; advice on the administration of health and safety benefits and the related personnel programs; and providing of general advice and directions on the personnel management programs and policies as needed. It is the intent of the Contractor to be available on call and to be present at the District office both as needed and on a regularly scheduled basis to fulfill the intent of this contract. I I i I' M-86-44 (Meeting 86-12 May 14, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 30, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Policy for Payment of Professional Dues and Memberships Recommendation: Increase effective July 1, 1986 the maximum annual reimbursement for professional dues and memberships from the lesser of $50 or one-half the annual dues or membership (s) to the lesser of $100 or one-half the annual dues or membership (s) . Discussion: The current policy is attached. As adopted in June 1979, the reimbursement limit was $25. In June 1982 it was increased to $50. Dues and memberships have continued to increase; in fact, one individual' s dues are now $208 per year. Since each employee must pay at least half, and the District' s portion must be well justified by net cost savings to the District, an employee would hardly be tempted to join a professional organization without good reason, and in any event the District comes out ahead in cost savings from its expenditure. Therefore, the program would continue to be well controlled. The immediate estimated annual additional cost to the District would be $50 (approximately $165 to $215 annually) . A policy decision is sought at this time for budget preparation purposes. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Policy for Payment of Professional Dues and Memberships Adopted Ey Board of Directors June 13, 1979 Revised June 9, 1982 The District will , for each General Manager appointee and within budget approved by the Board of Directors, reimburse the lesser of $50 or one half of annual dues or membership(s) in professional organizations) (total per employee per year) . Any such reimbursed dues or memberships must be shown to be of substantial direct benefit to the District as to increased knowledge and job skills. Additionally, it must be shown that 'the' District will save at least as much money in membership discounts by virtue of reduced conference, training and seminar fees, and cost of books (for members as opposed to non-members) for such events as would have otherwise been attended. 7/15/85 0. .a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT II� REQUEST FOR PARTIAL REIMBURSEMENT OF . PROFESSIONAL DUES/MEMBERSHIPS APPLICANT DATE NAME OF ORGANIZATION BRIEF DESCRIPTION OF ORGANIZATION TOTAL COST OF MEMBERSHIP $ PERIOD COVEREDIBY MEMBERSHIP AMOUNT REQUESTtD FOR REIMBURSEMENT $ (See Policy on !Back) BENEFITS OF MEMBERSHIP TO DISTRICT AND, TO MEMBER* ` (Show actual dollar savings to District) ATTACH RECEIPTS ROUTING: 1. Group ader (Fill fin account number) Date 2. Program Leader (Fall in account number) Date 3. Administrative Services Manager Date 4 Secretary to General Manager A. Personnel File B. Accounting Account Number—' ____ II I M-86-50 (Meeting 86-12 May 14, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1986 TO: Board of Directors FROM: K. Duffy SUBJECT: Staff & Docent Recognition In past years this Board has attempted to show its personal apprecia- tion to our dedicated staff and docents in yearly Board-sponsored parties for each group. With a twinge of sadness I believe we have now outgrown our personal space, time, and scheduling abilities to handle these events effectively. I would like the Board to consider a new vehicle for expressing its continuing appreciation for our outstanding staff and docent volunteers. I suggest that we: 1. Schedule a large combined staff-docent appreciation event. 2. Hire a consultant to make the arrangements. 1 3. Assign one or two board members to work with the consultant to decide the type of event, time, and location. 4. Budget this as a yearly event. M-86-48 (Meeting 86-12 7%lor May 14 , 1986) 0004M. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 5 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Nicholas , Coordinator of Volunteer Programs SUBJECT: Introduction of Docent Trainees The 1986 winter/spring training program for docent volunteers is nearing completion. By early June the trainees will have participated in 60 hours of classroom work and field trips. Trainers have included staff, docents , and members of the community with special expertise, including Mabel Crittenden on native plants of the preserves and Mary Lou Taylor on the Ohlones . Dr. Sam McGinnis presented a session on wildlife ecol- ogy, and the trainees enrolled in the class on geology of the Bay Area taught by Dr. Tim Hall and offered at Foothill College especially for District docents . As part of their training, the trainees are scheduled to attend the May 14 Board meeting to observe the public meeting process and to be introduced to the Board. We welcome to our group of District docents the following trainees : Lee Blake, Redwood City Karen Brown, San Jose Cecil Denney, Redwood City Joy Desai, Los Altos Herb Eichenseer, San Jose Dorian Fondahl, Los Altos Hills Jane Green, Saratoga Richard Hansen, Los Gatos Fenwicke Holmes , San Carlos Carolyn Lutticken, Mountain View Dory Meier, Los Altos Joseph Smith, Los Altos Christa Wright, Los Altos Hills R-86-28 All (Meeting 86-12 May 14 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT May 6, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Rescission of Consent for Gill Industries to Sublease Communications Lease Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Mutual Rescission of Consent to Sublease with Gill Industries , Inc. , a Delaware Corporation (Monte Bello Open Space Preserve - Black Mountain) . Discussion: On February 13 , 1985 (see report R-85-07 of February 4, 1985) , you approved a consent to sublease for Communications Systems and Electronics Company to utilize leasehold facilities of Gill Industries on Black Mountain. In accordance with that sublease, Gill Industries has been paying the District an additional $700 per month based upon the anticipated income from this sublease (25% of the gross rents) . Although the sublessee appeared to have a viable operation, and Gill Industries faithfully paid all of the rent due to the District under the master lease and the sublease, Communications Systems and Electronics Company never paid any rent to Gill Industries and eventually filed for bankruptcy. As a result, Gill Industries has requested that they be relieved of the financial obligation to continue paying the District rent based upon this sublease. This rescission would be effective as of April 30, 1986, but the District would not be required to refund any rents already collected. I RESOLUTION NO. $6-28 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING MUTUAL RESCISSION OF CONSENT TO SUBLEASE WITH GILL INDUSTRIES, INC. , A DELAWARE CORPORATION (MONTE BELLO OPEN SPACE PRESERVE - BLACK MOUNTAIN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The District may, under the provisions of Sections 5540 and 5563 of the Public Resources Code, lease property owned by the District for period of up to twenty-five (25) years, and by Resolution No. 85-9 , adopted February 13 , 1985, the Board of Directors approved a sublease between Gill Industries (as master tenant) and Communications Systems and Electronics Company (as sub- lessee) , and found the same to be in the public interest. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Mutual Rescission of Consent to Sublease with Gill Industries, Inc. , a Delaware Corpora- tion, a copy of which is attached hereto and by this reference made a part hereof, and does hereby authorize the President or appropriate officers to execute said Mutual Rescission on behalf of the District, such rescission to be effective April 30 , 1986. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Gill Industries. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. II I MUTUAL RESCISSION OF CONSENT TO SUBLEASE THIS MUTUAL RESCISSION OF CONSENT TO SUBLEASE is made and entered into this day of May, 1986, by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District"), and GILL INDUSTRIES, Delaware corporation (hereinafter called "Tenant"). RECITALS WHEREAS, District and Tenant have previously entered into a Ground Lease for.Communication Structures dated May 11, 1983 (hereinafter referred to as "Master Lease"), concerning certain premises situated in the City of Palo Alto, County of Santa Clara, State of California (hereinafter referred to as the "premises"); and WHEREAS, Tenant entered into a separate Lease Agreement (hereinafter called "Sublease") with Communication Systems and Electronics Company, which Sublease was approved by the District on February 13, 1985, by Resolution No. 85-9, I and the Consent to Sublease was executed on February 14, 1985; and WHEREAS, the Additional Rent required to be paid by Tenant to the District under Paragraph 1 of the Consent to Sublease was based upon the rent payable to Tenant under the terms of the Sublease; and WHEREAS, Communication Systems and Electronics Company never took possession of the leased premises, paid no rent whatsoever to Tenant and later became insolvent; and WHEREAS, Tenant has paid said Additional Rent to District for thirteen (13) months; NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the parties hereto mutually agree and covenant as follows: 1. The Consent to Sublease approved by the District on February 13, 1985, and executed on February 14, 1985, be rescinded. -1- 2. The Additional Rent referred to in Paragraph 1 of the Consent to Sublease shall not be payable by Tenant to District after April 30, 1986. IN WITNESS WHEREOF, the parties hereto have executed this Mutual Rescission of Consent to Sublease as of the date first above written. hHDPENINSULA REGIONAL OPEN GILL INDUSTRIES, INC., a Delaware SPACE DISTRICT, a public district corporate APPROVED AND ACCEPTED: By v7�-as Title: President, Board of Directors By Title ATTEST: II District Clerk I _2_ M-86-46 Ak AA AW (Meeting 86-12 AW May 14 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 6, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Discount Purchase of Bell Notes Recommendation: I recommend that you approve the repurchase of the Bell notes at an average discount of 21 .8% (a total expenditure of $141 ,375) and authorize the General Manager to take the necessary steps to complete the transaction. Background: On July 9 , 1980 you adopted Resolution No. 80-35 (see report R-80-42 of July 2, 1980) to acquire the former Bell property as an addition to the Sierra Azul Open Space Preserve. Included in that trans- action was owner financing in the amount of $105 ,000 at 8% over a period of 10 years. The current principal balance on that note is $52 ,500. On July 28, 1982 you adopted Resolution No. 82-31 (see report R-82-28 of July 22, 1982) to acquire the former Liebelt property as an addition to the Sierra Azul Open Space Preserve. Mr. Liebelt had originally acquired the property from Mr. Bell, and the District purchase included an assump- tion of a second Bell note in the principal amount of $134 ,000 at 8% over a period of approximately 28 years. The current principal balance on that Note is $128,264.20. Discussion: Mr. Carl Bell, the beneficiary for both notes died last year and left his entire estate to relatives in Germany. The District has been contacted about a possible repurchase of both notes on a discounted basis. After consulting with M. Foster, District Controller, District staff and the estate' s representative have reached a mutually agreeable buy-out price as follows: Principal Balance Discounted Basis Discounted Price Bell (MROSD) Note $ 52 ,500. 00 0. 900 $ 47,250 . 00 Bell (Liebelt) Note 128,264. 20 0. 729 93 ,500 .00 Total $180 ,764 . 20 0. 779 $140 ,750 . 00 The 22. 1% basis of the discount represents a $40 ,014.20 savings to the District over the term of the notes. Based upon current savings of interest, these notes could be replaced by borrowing through a public offering at a tax-free rate of between 6 and 7% . Therefore, this proposal is advantageous to the District. It is also desirable from the heirs ' standpoint because as non-residents they cannot take advantage of the tax-free aspect of interest payments. If approved, the actual payment would be on a later claims list because of the lag-time for final execution of the request for reconveyance of the deeds of trust by the beneficiaries in Germany. l 1 i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Boa D'd f rectors r o i FROM: H. Grench, General Manager SUBJECT: F_Y.I. DATE: May 9, 1986 i i i 9 N OEWS ;:g.niiiiiI aC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REL EASE 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 April 18, 1986 FOR IMMEDIATE RELEASE Contact : Joyce Nicholas (415) 965-4717 TOURS OF FREMONT OLDER HOUSEAND GARDEN SET FOR MAY 18 , 1986 LOS ALTOS , CA--On Sunday, May 18, 1986 , the Docents of the Midpeninsula Regional Open Space District, will conduct free public tours of the house and gardens at "Woodhills , " the historic former home of pioneer newspaperman Fremont Older on the Fremont Older Open Space Preserve in the Cupertino foothills . The hour-long tours of the carefully-restored site will be scheduled by reservation only. Interested individuals should call (415) 965-4717 between the hours of 10 a.m, and 1 : 00 p.m. on May 5 , 6 and 7. The tour will be limited to the first 250 reservations received . Considered something of an architectural oddity when it was built in 1913 , the flat-roofed , shingle-sided house looks surprisingly contemporary today. The house was designed for the most part by Older ' s wife , author and historian Cora Baggerly Older , who supervised its construction . Durings its time as more . . . Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G-Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Fremont Older Hou Tour Page two the Older family home , "Woodhills" was a meeting place for ,many notables including Carl Sandburg , David Starr Jordan , and Clarence Darrow, as well as a collection of ex-convicts and prostitutes the Olders befriended and attempted to reform. Fremont Older died in 1935 , but Cora Older continued to live on the Ranch until her death in 1968. The house was close to collapse when the Midpeninsula Regional Open Space District purchased the ranch property in 1975. It has 'since been restored to its original condition by tenants Mort and Elaine Levine , editors and publishers of the Country Almanac newspaper. Thanks to the Levines ' concern for historical authenticity, visitors will see a house and garden very much in the style enjoyed by Fremont and Cora Older during the early part of this century. CLAIMS No. 8 6-0 9 Meeting 86-12 MIDPENIN-,,LA REGIONAL OPEN SPACE DISTRICT Date: May 14 , 1986 C L A I M S I # Amount Name Description �9410 $ 1,033. 12 A-1 Rents Tractor Rental j9411 207. 71 Adia Personnel Services Temporary Office Help '9412 3, 450 .00 Alameda Fence, Inc. Guard Rail fencing 19413 96 . 17 AT&T Information Systems Group Phone Equipment ``9414 87. 21 Bay Microfilm, Inc. Duplicating Paper 19415 178.88 James Boland Air Fare-Special District Forum 9416 75.00 Brannon' s Chair Rental 119417 4 ,000 .00 Brodd,Hollwedel,Reese & Assoc. Appraisal Services 9418 50 .00 California Park & Legislative Conference- Recreation Society D. _Wendin '9419 44 . 16 David Camp Reimbursement for Repairs 9420 1,690 .96 Communications Research Radio Installation, Maintenance & Repairs '9421 43.00 Patrick Congdon Seminar Fee Reimbursement 9422 73.09 Crest Copies Bluelines 9423 2 , 182 . 25 Discount Office Supply Office Supplies 9424 11, 191.04 First Interstate Bank Special Park District Forum Reqistration Fees 9425 40 . 51 Emergency Vehicle Systems Ranger Vehicle Repair 19426 20 . 32 John Escobar Reimbursement - Field Supplies 9427 40 .00 Federal Express Mailing Service '9428 500 .00 Foss and Associates Personnel Consulting Fee - April 9429 12. 37 The Frog Pond Local Meal Conferences 9430 140 .00 Fuerborn Associated Roofing Inspection-Bullis Property '9431 300.00 Robt. Garcia Well & Pump Co. Inspection-Bullis Property 9432 22 . 50 Graphicstat Artwork '9433 106 . 40 Herbert Grench Reimbursement- Meal Con- ference and Subscription ,9434 127. 22 Mary Gundert Reimbursement-Drafting Supplies , Field Supplies , Personal Vehicle Expense I9435 50 .00 David Hansen Partial Reimbursement for Professional Membership Dues 19436 296 .66 Honeywell Protection 'repairs and Service Fee 9437 47. 35 Thomas Lausten Reimbursement-Uniforms 9438 22 .25 Los Altos Garbage Garbage Service I Claims 86-09 Page Two Amount Name Description 9439 $ 95 . 85 Los Altos Stationers Office Supplies 9440 163.50 Charlotte MacDonald Consulting Services ' 9441 78. 22 Mobil Oil Co. District Vehicle Expense 9442 100 .00 Neighborhood Pool Service Inspection-Bullis Prop. 9443 34 .76 Norney's Office Supplies 9444 121. 70 Stanley Norton Copying,Meal Conferences Reimbursement 9445 1; 583.52 Office & Electronic Transfer Moving Services '', 9446 134.20 Pacific Bell Phone Service ', 9447 10 . 95 Pacific Gas & Electric Utilities 19448 78. 31 Pacific Telephone Phone Service' I', 9449 46 . 13 PAD Travel Airfare Balance-T. Henshaz' 9450 352.03 Peninsula Blueprint Drafting Table 9451 118. 80 Peninsula Times-Tribune Ranger Ad 9452 241. 17 Pine Cone Lumber Co. Field Supplies 9453 36 . 11 PIP Change of Address Cards 9454 55 .40 Pitney Bowes Postage Meter Supplies 9455 43.93 Precision Engravers Name Tags 9456 52 .91 R.E.I . Ranger Uniform Expense 9457 241. 49 Rent-A-Computer Computer Rental - May 9458 101.08 San Francisco Water Dept. Water Service-Hassler 9459 170 .00 County of Santa Clara Radio Dispatch Services 'I9460 317.79 Scribner Graphic Press Brochure Printing 119461 554 .99 Sears Refrigerator I'I9462 5 ,380 .00 Gene Sheehan Trail Repairs, Trail Con- struction Consulting Fee,:; and Equipment Rental i9463 550 .55 Shell Oil Co. District Vehicle Expense , 19464 498. 88 Signs of the Times Signs and Metal Dies 9465 55. 00 Skyline Co. Water Dist. Water for Completing Trail Surface-Purisima 9466 904 . 56 Glenn Smith Planning Consulting Fee & Private Vehicle Expense 9467 797, 15 Stevens Creek Quarry Boulders for Repairs 9468 113. 35 Unocal District Vehicle Expense' 9469 140 . 95 West Coast Boot Co. Ranger Uniforms �19470 170 . 00 Western Exterminator. Co. Inspection-Bullis Proper La 9471 385 .00 Gayle A. Van Brocklin Word Processing 1 9472 255 .00 Visual Communication Artisans Signing i Claims -6-09 Page Three n Amount Name Description 9473 $ 14 . 48 Wear Guard T-Shirt Samples 9474 106. 99 Del Woods Reimbursement for Office Table 9475 5 , 700 .00 Ortha Zebroski Consulting Service- Purisima Parking Area 9476 232 . 80 Voss Trucking Base Rock Trucking 9477 743 . 65 Costco Wholesale Air Compressor I9678 698 .20 Harvey Williams Cleanup Services 9479 5 ,000 .00 Edward A. Turnheim Forestry Consulting Services 9480 1,000 .00 California Advocates, Inc. , Legislative Consulting Fee - April Y CLAIMS No. 8 6-0 9 Meeting 86-12 MIDPENINSU31 REGIONAL OPEN SPACE DIST, T Date: May 14, 1986 C L A I M S REVISED Tt Amount Name Description I9410 1,033. 12 A-1 Rents Tractor Rental I9411 207. 71 Adia Personnel Services Temporary Office Help 9412 3, 450 .00 Alameda Fence, Inc. Guard Rail fencing 9413 96 . 17 AT&T Information Systems Group Phone Equipment ' 9414 87. 21 Bay Microfilm, Inc. Duplicating Paper 9415 178.88 James Boland Air Fare-Special District Forum 9416 75.00 Brannon' s Chair Rental 9417 4 ,000 .00 Brodd,Hollwedel,Reese & Assoc. Appraisal Services 9418 50.00 California Park -& Leaislative Conference- Recreation Society D. -Wendin 9419 44 . 16 David Camp Reimbursement for Repairs 9420 Communications Research. Radio Installation, Maintenance & Repairs 9421 43.00 Patrick Congdon seminar Fee Reimbursement 9422 73.09 Crest Copies Bluelines 9423 21, 182 . 25 Discount Office Supply Office Supplies 9424 14, 191.04* Pirst Interstate Bank Special Park District Forum Reqistration Fees 9425 40 . 51 Emergency Vehicle Systems Ranger Vehicle Repair 9426 20 . 32 John Escobar Reimbursement - Field Supplies 9427 40 .00 Federal Express Mailing Service 500 .00 Foss and Associates Personnel Consulting 24.23 Fee - April 9429 12--U The Frog Pond Local Meal Conferences 19430 140.00 Fuerborn Associated Roofing Inspection-Bullis Property 9431 300.00 Robt. Garcia Well & Pump Co. Inspection-Bullis Property 9432 22. 50 Graphicstat Artwork 9433 106 .40 Herbert Grench Reimbursement- Meal, Con- ference and SubscriiDtion I9434 127. 22 Mary Gundert Reimbursement-Drafting Supplies , Field Supplies , Personal Vehicle Expense 9435 7D avi d_-:Hzzrsj_-m 19436 296 .66 Honeywell Protection Repairs and Service Fee 9437 47. 35 Thomas Lausten Reimbursement-Uniforms 9438 22 .25 Los Altos Garbage Garbage Service Claims 86-09 Page Two Amount Name Description 9439 $ 95 . 85 Los Altos Stationers Office Supplies 9440 163.50 Charlotte MacDonald Consulting Services 9441 78 . 22 Mobil Oil Co. District Vehicle Expense 9442 100 .00 Neighborhood Pool Service Inspection,-Bullis Prop. 9443 34 . 76 Norney' s Office Supplies 9444 121.70 Stanley Norton Copying,Meal Conferences Reimbursement 9445 10"583.52 Office & Electronic Transfer Moving Services 9446 134.20 Pacific Bell Phone Service 9447 10 .95 Pacific Gas & Electric Utilities 9448 78. 31 Pacific Telephone Phone Service 9449 46 . 13 PAD Travel Airfare Balance-T. Hens: . 9450 352.03 Peninsula Blueprint Drafting Table 9451 118. 80 Peninsula Times-Tribune Ranger Ad 9452 241. 17 Pine Cone Lumber Co. Field Supplies 9453 36. 11 PIP Change of Address Cara,:.. 9454 55 .40 Pitney Bowes Postage Meter Supplies 9455 43.93 Precision Engravers Name Tags 9456 52.91 R.E.I . Ranger Uniform Expense 9457 241. 49 Rent-A-Computer Computer Rental - May 9458 101.08 San Francisco Water Dept. Water Service-Hassler 9459 170.00 County of Santa Clara Radio Dispatch Services 9460 317.79 Scribner Graphic Press Brochure Printing 19461 554. 99 Sears Refrigerator ! 9462 5 ,380 .00 Gene Sheehan Trail Repairs, Trail Cor , •3truction Consulting__Fp. �: and Equipment Rental 9463 550 .55 Shell Oil Co. District Vehicle Expense 9464 498. 88 Signs of the Times Signs and Metal Dies 9465 55:00 Skyline Co. Water Dist. Water for Completing Trail Surface-Purisima 9466 904 . 56 Glenn Smith Planning Consulting Fee & Private Vehicle Expens(I 9467 797.15 Stevens Creek Quarry Boulders for Repairs 9468 113. 35 Unocal District Vehicle Expense 19469 140 .95 West. Coast Boot Co. Ranger Uniforms 9470 170.00 Western Exterminator Co. Inspection-Bullis Propert 9471 385.00 Gayle A. Van Brocklin Word Processing 9472 255.00 Visual Communication Artisans Signing --J REVISED R ` Claims -6-09 Page Three Amount Name Description 9473 $ 14 . 48 Wear Guard T-Shirt Samples 9474 106.99 Del Woods Reimbursement for Office Table 9475 5 , 700 .00 Ortha . Zebroski Consulting Service- Purisima Parking Area 9476 232 . 80 Voss Trucking Base Rock Trucking 9477 743 . 65 Costco Wholesale Air Compressor 9678 698 .20 Harvey Williams Cleanup Services 9479 5 ,000 .00 Edward A. Turnheim Forestry Consulting Services 9430 1,000 .00 California Advocates, Inc. Legislative Consulting Fee - April 9481 244 . 60 Petty Cash Meal Conferences, Office and Field Supplies, Tool Repair and Private Vehicle Expense 9�$2 3 ,086.00 Stewart Title Title and Escrow Expense— Bullis Property e Issued as emergency check on April 30, 1986 CLAIMS N70. 8 6-0 9 Meeting 86-12 MIDPENINSU! ZEGIONAL OPEN SPACE DISTI 2 Date: May 14 , 1986 C L A I M S REVISED 7 _,u ount Name Description qZ10 1,033. 12 A-1 Rents Tractor Rental. 9411 207. 71 Adia Personnel Services Temporary Office Help 9412 3, 450 .00 Alameda Fence, Inc. Guard Rail fencing 9413 96 . 17 AT&T Information Systems Group Phone Equipment 9414 87. 21 Bay Microfilm, Inc. Duplicating Paper 9415 178.88 James Boland Air Fare-Special District Forum 9416 . 75.00 Brannon' s Chair Rental 9417 4 ,000 .00 Brodd,Hollwedel,Reese & Assoc. Appraisal Services 9418 50 .00 California Park- & Leaislative Conference- Recreation Society D: -Wendin 9419 44 . 16 David Camp Reimbursement for Repairs J.LM 3 _6 9420 Communications Research. Radio Installation, Maintenance & Repairs 9421 43.00 Patrick Congdon Seminar Fee Reimbursement 91-1222 73.09 Crest Copies Bluelines 9423 2, 182. 25 Discount Office Supply Office Supplies 9424 11, 191.04* Pirst Interstate Bank Special Park District Forum Reqistration Fees 9425 40. 51 Emergency Vehicle Systems Ranger Vehicle Repair 9426 20. 32 John Escobar Reimbursement - Field Supplies 9427 40 .00 Federal Express Mailing Service 9428 500 .00 Foss and Associates Personnel Consulting 24.23 1 , Fee - April 9429 12,3J The Frog Pond Local Meal Conferences 9430 140.00 Fuerborn Associated Roofing Inspection-Bullis Property 9 -31 - 300.00 Robt. Garcia Well & Pump Co. Inspection-Bullis Property 9432 22. 50 Graphicstat Artwork 9=�3 106.40 Herbert Grench Reimbursement- Meal ron- ference and Subscription 9- 3 . 127. 22 Mary Gundert Reimbursement-Drafting Supplies , Field Supplies ,, Personal Vehicle Expense David--lian-s-en 91.­2y 296 .66 Honeywell Protection Repairs and Service Fee 47. 35 Thomas LausLen Reimbursement-Uniforms 0 '3� 22 .25 Garbage Service Los Altos Garbage Claims u6-09 Page Two Amount Name Description . 9439 $ 95. 85 Los Altos Stationers Office Supplies ' 9440 163.50 Charlotte MacDonald Consulting Services 9441 78. 22 Mobil Oil Co. District Vehicle Expense 9442 100 .00 Neighborhood Pool Service Inspection-Bullis Prop. 9443 34 . 76 Norney's Office Supplies 9444 121.70 Stanley Norton Copying,Meal Conferences Reimbursement 3445 1; 583.52 Office & Electronic Transfer Moving Services I9446 134.20 Pacific Bell Phone Service 9447 10 . 95 Pacific Gas &Electric Utilities 9448 78. 31 Pacific Telephone Phone Service 9449 46 . 13 PAD Travel Airfare Balance-T. Hen.. � 9450 352,n.3 Peninsula Blueprint Drafting Table 9451 118. 80 Peninsula Times-Tribune Ranger Ad 9452 241. 17 Pine Cone Lumber Co. Field Supplies 9453 36. 11 PIP Change of Address Card, 9454 55.40 Pitney Bowes Postage Meter Supplies 9455 43.93 Precision Engravers Name Tags 9456 52.91 R.E.I . Ranger Uniform Expense. 9457 241. 49 Rent-A-Computer Computer Rental - May 9458 101.08 San Francisco Water Dept. Water Service-Hassler 9459 170 .00 County of Santa Clara Radio Dispatch Service: 9460 317.79 Scribner Graphic Press Brochure Printing 9461 554.99 Sears Refrigerator 9462 5 ,380 :00 Gene Sheehan Trail Repairs, Trail _Co Struction Consulting Fetz: and Equipment Rental 9463 550 .55 Shell Oil Co. District Vehicle Expense 9464 498. 88 Signs of the Times Signs and Metal Dies 9465 55. 00 Skyline Co. Water Dist. Water for Completing Trail Surface-Purisima 9466 904 . 56 Glenn Smith Planning Consulting Fee & Private Vehicle Expense 9467 797� 15 Stevens Creek Quarry Boulders for Repairs 19468 113. 35 Unocal District Vehicle Expense 9469 140 . 95 West Coast Boot Co. Ranger Uniforms 9470 170 .00 Western Exterminator Co, Inspection-Bullis Propert 9471 385 . 00 Gayle A. Van Brocklin Word Processing 9472 255 . 00 Visual Communication Artisans Signing REVISED Claims -6-09 Page Three r, Amount Name Description i 9473 $ 14 . 48 Wear Guard T-Shirt Samples 9474 106. 99 Del Woods Reimbursement for Office Table 9475 5,700 .00 Ortha . Zebroski Consulting Service- Purisima Parking Area 9476 232 . 80 Voss Trucking Base Rock Trucking 9477 743 . 65 Costco Wholesale Air Compressor 9678 698 . 20 Harvey Williams Cleanup Services 9479 5,000 .00 Edward A. Turnheim Forestry Consulti.hg Services 9480 1,0a0 .00 California Advocates, Inc. Legislative Consulting Fee - April 9481 244 . 60 Petty Cash Meal Conferences, Office and Field Supplies, Tool Repair and Private Vehicle Expense 3482 3,086.00 Stewart Title Title and Escrow Expense-- Bulli's Property J Issued as emergency check on April 30, 1986