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Home My Public Portal About19860611 - Agendas Packet - Board of Directors (BOD) - 86-15 ----' m�en 86 l 5 �ng - MDDPENDNBULA REGIONAL OPEN SPACE DISTRICT � OLD MILL OFFICE CENTER,BUILDING C,SUITE 1os � uo, a^wAwnOwm CIRCLE,MOUNTAIN VIEW,CALIFORNIA e*o*o � (*/5)94e-5500 � Old Mill Office Center REGULAR MEETING � 7 :3O P.M. Building C; Suite 135 Wednesday BOARD OF DIRECTORS 201 San Antonio Circle � June ll , 1980 Mountain View, CA � A 8 E N D A (See enclosed map) \ /7^��\* ROLL CALL � ` ' / | APPROVAL OF MINUTES (April l6 l�86' April 23 l988\ \ "`� ' ^ �` � / � \ WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS / / ADOPTION OF AGENDA � BOARD BUSINESS \ (7:45) l , Sale of 1086 Promissory Notes -- M. Foster \ ` ' � Resolution Providing for the Issuance and Sale of $9,500,000 Principal Amount 0f Midp�ni�Sula Regional Open Dp�� District 1986 Promissory Notes \ � | '7:50\ 2. Agreement with Note Paying Agent for �98O Promissory Notes -- M. Foster � - - � Resolution| Approving, Authorizing and Directing the Execution of an Agreement � ! With First Interstate Bank of California � \ 'i 1:55\ 3, Final Adoption Of the Interim Use and Management Plan for the North Property Addi- tion to the Sierra AZWl i 0p8D Space Preserve - Mt' UmunhVm Area -- D. Hansen \ :00\ 4. Presentation of 1986-1987 Salary Survey and Adoption Of New Salary Ranges | d. -Adoption Of New Salary Ranges for General Manager Appointees -- H. GreDCh i ' b, Compensation for Board Appointees -- Budget Committee '5\ 5. Adoption Of the Action Plan for the Implementation of the Basic Policy of the MidpeOin3Ula Regional Open Space District for 7986-1987 -- J. Fiddes / \ )\ 6. Adoption Of Preliminary Budget for Fiscal Year 1988-1987 -- J. Fidd8s / Resolution Adopting Preliminary Budget for Fiscal Year 1986-1987 \ \ 7. Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area ' (Lands of North et al - Rader) -- C. Britton | " or�8m�nt�Resolution Authorizing Acceptance 0f Purchase � Authorizing Officer to / Agreement, Execute Certificate �f Acceptance of Grant to District, and Authorizing General / . � Manager to Execute Any and All Other Documents Necessary Or Appropriate to ' Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North \ et a7 - Rader) ' O. Proposed Change to Rules of Procedure Regarding Director's Compensation -- � H. Grench i l �iV Amending the Rules f Procedure \ Kg�n U D ng � �5 O / 9. Proposed Acceptance of Open Space Easement and Fee Dedication as an Addition to / m`General Manager Board m Directors:Katherine Duffy,wonm*axanko,reena*enshaw,Richard a Bishop,Edward G.Shelley,Harry A.Turner,Daniel awenm � June 11 1986 Regular Bo Meeting Agenda (Continued) f the Sierra Azul Open Space Preserve - Kennedy Road Area (Blair Property) C. Britton Resolution Authorizing Acceptance of the Open Space Easement and Fee Dedication, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, 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 - Lands of Blair) ,(9:05) 10. Proposed Addition to El Sereno Open Space Preserve (Lands of Davidson) -- C. Britton Resolution Authorizing Acceptance of 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 (El Sereno Open Space Preserve - Davidson Property) (9:15) 11 , Purisima Creek Redwoods Open Space Preserve Development Project - Review and Approval of Force Account Schedule -- D. Hansen Resolution Electing to Purchase Materials and Supplies in the Open Market and to Construct Improvements by Force Account (Purisima Creek Public Access Improve- ments) (9:20) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you'Ae concetned with appeaAs on the agenda, the Chait wiU invite you to addtess the Boated at that time; on otheA matteu, you may addAe,6,6 the Boa)Ld undet Otat Communication.6. An atteAnative is to comment to the Boated by a WAitten Communication, which the BoaAd appteciate.6. Each speaket witt otdinatity be timited to thtee minutes. When tecognized, please begin by stating your name and adds e.6,s. We %equat that you Jitt out the 4oAm ptovided and pte6ent it to the Recokding SecAetoAy so that yout name and addLess can be accuAatety inctuded in the minutes . AA. AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 NOTICE OF CONTINUATION OF THE REGULAR MEETING OF JUNE 11 , 1986 The Regular Meeting of June 11, 1986 of the Board of Directors of the Midpeninsula Regional Open Space District has been continued to Friday, June 13, 1986. This Continued Regular Meeting will be held at 7 :30 P.M. at the District office , Old Mill Office Center, 201 San Antonio Circle, Suite 135-C, Mountain View, California The Board will consider the following items listed on the June 11 agenda: 1. Sale of 1986 Promissory Notes -- M. Foster Resolution Providing for the Issuance and Sale of $9 ,500, 000 Principal Amount of Midpeninsula Regional Open Space District 1986 Promissory Notes ; 2. Agreement with Note Paying Agent for 1986 Promissory Notes M. Foster Resolution Approving, Authorizing and Directing the Execution of an Agreement With First Interstate Bank of California; and 11. Purisima Creek Redwoods open Space Preserve Development Project Review and Approval of Force Account Schedule -- D. Hansen Resolution Electing to Purchase Materials and Supplies in the Open Market and to Construct Improvements by Force Account (Purisima Creek Public Access Improvements) The Closed Session for land negotiations has also been continued from June 11. If five Board members are unable to be present at the Continued meeting on June 13 , the Continued Meeting will be held at 8 :30 P.M. at the District office on Monday, June 16 , 1986 . Members of the public should contact the District office at (415) 949-5500 to confirm the date of the continued Regular Meeting. l Meeting 86-09 Ala, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949.5500 SPECIAL MEETING BOARD OF DIRECTORS April 16 , 1986 I. ROLL CALL President Edward Shelley called the meeting to order at 7 :34 P.M. Aiembers Present: Katherine Duffy, Daniel Wendin, Edward Shelley, and Richard Bishop. Members Absent: Teena Henshaw, Nonette Hanko, and Harry Turner. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , James Boland, Tom Lausten, Michael Newburn, Del Woods , Patrick Congdon, merry Carlson, David Camp, and Stanley Norton. II . WRITTEN COPfhiL�-!C'-" =CNS There were no w -itten communications . III . ADOPTION OF ArSE: =�A y E. Shelle stated the agenda was� _ g adopted by Board consensus . IV. ORAL COlvdVIUNICATIONS Bob McKibbin, 1331 Los Arboles, Sunnyvale, presented information to the Board on the Coastal Protection Initiative that citizens are trying to place on the November ballot. George R. McNamara, P.O. Box 18756 , San Jose representing the P g Sierra Azul Land Owners Association , thanked the District for the guard g rails and gates that had been g recently installed at Bald Mountain. V. BOARD BUSINESS A. Appointment of Peace Officers (Memorandum M-86-39 of April 8 , 1986) J. Boland introduced the District' s two newest Rangers, Michael Newburn and Thomas Lausten. Motion: R. Bishop moved that the Board adopt Resolution 86-25 of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Michael Newburn and Thomas Lausten as Peace Officers Pursuant to Section 803. 31 (b) of the Penal Code of the State of California. D. Wendin seconded the motion. The motion passed 4 to 0 . Herbert A.Grench,General Manager Board o/Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-09 Page two B. Final Adoption of the Revised Use and Management Plan for the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Memorandum M-86-40 of April 8, 1986) D. Hansen presented information on Sheriff' s patrol assistance in the area and stated that staff recommended contracting with the Sheriff's Department for patrol assistance, as well as placing a Sheriff's deputy in a caretaker' s residence. J. Boland reviewed the basic elements of the contract listed in the staff re.port, noting that staff would report back to the Board in six months on the effectiveness of the program should the Board authorize the patrol agreement. He stated the estimated cost of the patrol assistance would be approxi- mately $8,000 for the 1986-1987 fiscal year. Bob McKibbin of Sunnyvale; Patti Ann Herqerton, 23631 Hicks Road; Loren McQueen, 2633 South Bascom Pvenue, Campbell; Broo'�eFike, 231 Ravensbury, Los Altos; and Rick Estrada, speaking in behalf the Sierra Azul Homeowners' Association, spoke in favor of using the Sheriff' s motorcycle patrol as part of the contracted patrol program on District lands. Discussion focused on whether the patrol program to be con- tracted for with the Sheriff's Department for District lands should include the use of' the Sheriff' s motorcycle patrol units. K. Duffy said she would like to be assured that the District did nothing to discourage the Sheriff's motorcycle patrol on District lands and spoke in favor of using the motorcycle patrol until problems in the area, had slacked off, noting the District should use tte most effective patrol method possible. D. Wendin urged staff to return to the Board as quickly as possible if additional resources were needed to help curb the short-term problem in the area. Motion: R. Bishop moved the adoption of the patrol agreement presented by staff, with the understanding that this would be a supplement to existing law enforcement by the Sheriff's Department, that the District en- courage the Sheriff to continue patrols in the area, using motorcycles and other vehicles , and that staff report back to the Board in 90 days with a progress report. D. Wendin seconded the motion. Discussion: R. Bishop stated that he intended the District's program to supplement the current Sheriff's patrol program in the area. D. Wendin said that he felt R. Bishop's motion would not solve the problem since it did not address the use of motorcycles on on the District' s program. He said that he would like the motion to authorize District staff to contract for motorcycle patrol as part of the District' s patrol program. R. Bishop agreed to include in his motion that staff determine the types of vehicles it feels are needed for effective patrol. Motion to Amend: E. Shelley moved that staff make clear, during negotiations with the Sheriff' s Department, that the District' s long-term goal is to eliminate the need for motorcycle patrol on District land. D. Wendin seconded the motion. The motion to amend passed 4 to 0 . !t'_%eting 86-09 Page three The main motion as amended passed 4 to 0 . Motion: R. Bishop moved the adoption of the use and management plan for the Mt. Umunhum Area of the Sierra Azul Open en Space Preserve ' as contained in report R_86-19. K. Duff seconded the motion . Y The motion passed 4 to 0 . i C. Final Adoption of Interim Use and Management Plan for Surplus Federal Property Addition to the Sierra Azul Open Space Preserve Mt. UmunhLrn Area (Memorandum M-86-41 of April 10, 1986) D. Hansen stated that escrow was scheduled to close on the property at' the end of April. He said the Federal government would be dealing with the removal of the on-site underground storage tanks. D. Hansen said discussions have been held concerning caretaker possibilities for the site, including contracting with a live-in night caretaker. Bob Logan, an attorney representing Loren McQueen, questioned h w ether the District could acquire the property without an environmental clearance. E. Shelley acqui- sition that the ac ui- sition of open spa ce ce is categorically exempt. g y p . Motion: D. tgendin :roved that the Board adopt the Interim Use and Management recommendations as contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and withhold the property from dedication as public open space at this time, and that this reading represent the second reading, with no further reading needed at the close of escrow. R. Bishop seconded the motion. The motion passed 4 to 0 . D. Final Adoption of Interim Use and Management Plan for the Jamison and Mazor Property Addition; to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve (Memorandum M-86-38 of April 7, 1986) D. Hansen said no additional public comment had been received regarding the Use and Management Plan for the properties. He noted that the cost for the guard rail should be revised from $2000 to $4000 . Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan for the Jamison and Mazor property additions to Sierra Azul Open Space Preserve, including the naming as included in report R-86-17, and withhold the property from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 4 to 0. Rick Estrada requested a copy of- the Sierra Azul notification list, noting that it was a public record. S. Norton responded that staff policy was that this kind of list not be made available to members of the public and said that he agreed with the current staff policy. E. Shelley noted it was the District' s intent to put everyone on the list who wished to be included. Meeting 86-09 Page four E. Proposed Addition to- the Sierra .Azul Open Space Preserve, Mt. Umunhum Area '(Lands of North) TReport R-86-24 of April 10 ,-1986) C. Britton pointed out the 1,74 acre property on the wall map, noting the District was acquiring 31 acres in full fee at a cost of $21, 700 , and one-half interest in 143 acres at a cost of $50 ,050 . D. Woods showed slides of the proposed acquisition. D. Hansen reviewed the interim use and management recommendations contained in the staff report, including withholding the property from dedication at this time. Motion: K. Duffy moved- that the Board adopt Resolution 86-26 , a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Acceptance of 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 or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North) . R. Bishop seconded the motion. The motion passed 4 to 0 . Motion: K. Duffy moved that the Board adopt Resolution 86-27, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Acce,otance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Anv and All Other 'Doc'uments Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North et al. ) . R. Bishop seconded the motion. The motion passed 4 to 0 . Motion: K. Duffy moved that the Board tentatively adopt the Interim Use and. Management Plan recommendations con- tained in the staff report, including naming the properties as additions to the 'Sierra Azul Open Space Preserve, Mt. Umuhhum Area, and indicate its intention to withhold the properties from dedication at this time. R. Bishop seconded the motion. The motion passed 4 to 0 . E . Shelley declared a recess at 8 :58 P.M. The Board reconvened at 9 : 10 P .M. F. Review of the Use and Management Plan for the Rancho San Antonio Open Space Preserve (Report R-86-26 of April 11, 1986) D. Hansen stated several major issues had been studied since the last use and management review for the Preserve. He said the focus of discussion would be on trail use conflicts and the stable lease. D. Woods reviewed site use and activities , and said that the biggest problem was the lack of parking. He noted that four volunteer recruiting events had been held in the past year to recruit volunteers for trail work and acquaint the public with trail conflicts. R-86-09 Page five D. Woods reviewed planning considerations for the Preserve, noting that discussions had been held with the County and the City of Los Altos concerning parking problems and other impacts . j D. Woods showed slides to illustrate various aspects of the staff report. E. Shelley said he felt that the homestead house was a shared resource and responsibility with the City of Mountain View and that the District should do its share in trying to restore the structure. -� i D. Woods said that until recently, the restrooms provided by the City for its program use had been open to the general public. He said the usage of these facilities had become so great that the City had difficulty maintaining them and noted that the restrooms were now secured during Mountain View' s non-program hours of the day. E . Shelley said he felt it was reasonable for the District to work with the City, in light of the number of people using the Preserve, to keep the restrooms open at all times. Discussion centered on the need for restrooms . E. Shelley stated the District may have to consider providing restrooms for Preserve visitors in addition to those provided by the City for its Deer Hollow Farm programs. D. Woods noted that items 7 and 8 in the first section of Exhibit A should be continued to the next meeting, when the upper and !o er residences would be discussed. D. Hansen briefly reviewed the background on the residence structures on the site, and said staff has been unable to prepare a more specific ran agement plan. He said staff would return at the second reading with recommendations. D. Wendin said he felt the District had a stewardship obligation at the Preserve, and particularly in the Farm area, that should not be passed on to Mountain View. In response to D. Wendin' s question concerning the District' s response to Mountain View's request for more patrol, D. Hansen said the District could probably assist when the new Open Space Technician positions were filled. Discussion centered on specific location of use problems, and the District' s responsibilities to mitigate those problems, including increased patrol. K. -Duffy suggested constructing a trail around the Farm area for bikers and runners, and said j she felt that the District needed to provide some restroom facilities. E. Shelley asked the Board for- specific modifications to the use and management plan. D. Wendin stated that he felt the areas of concern were conflicts in the Farm area, a solution for the restroom problem, and a trails plan. Motion: D. Wendin moved that the Board tentatively adopt the amended Use and Management Plan recommendations con- tained in the staff report, with the addition that staff return at a date selected by them with a proposal to provide public restroom facilities generally in the barn area. R. Bishop seconded the motion. — — -� Meeting 86-09 Page six Discussion: R. Bishop suggested that mountain View could keep the current restroom facilities open, but the District could cover the maintenance cost. E. Shelley requested staff input on the homestead house. D. Hansen said the house was falling down, but Mountain View did not have the necessary staff to do a restoration. Motion to Amend: E. Shelley moved to amend the motion to in- clude requesting staff to pursue, within the next six months, available means of stabilizing and pro- tecting the Grant House while seeking restoration funds. K. Duffy seconded the motion. The motion to amend passed 4 to 0 . Discussion: D. Wendin noted the Board had not addressed a timeline for the restrooms and said he wished to include a reasonable timeline to address both the immediate problem, with an immediate timeline, and a long-term solution, with a six month timeline suggested. H . Grench said. portable restrooms could be brought in as a short-term solution. D. Wendin said Mountain View could be requested to open the restrooms on weekends if the District would maintain them. R. McKibbin asked where grant funding would be sought. D. -Hansen said grant funding could be sought from the Couznt,,- Historical Society or from Proposition 18 IFUnd-ing R. McKibbin suggested that staff rearrange so-me of the fence lines to form an observation area at the far: , perhaps closing off the barnyard area cn weekends . Discussion centered on the High Meadow Stables lease. R. Bishop said he supported staff' s recommendation on the stable. Beverly Fike, the lessee at High Meadow Stables, spoke on the accomplishments she had completed at the stable to date, discussed the misunderstanding concerning insurance requirements,and requested that the three- year evaluation period start from this point of time and that the preceding year not be included in the three-year period. C. Britton noted a major issue of contention regarding the stable was whether the preceding year should be counted as one of the years in the three-year period designated for evaluation of the stable . He said that he felt the original time schedule should be observed., as the three-year period was intended to allow time for completion of a number of projects, some of which have been accomplished. He said he felt the criteria from the District standpoint was whether staff could return to the Board in one year with information necessary to making a decision on the stable. D. Wendin said he supported staff ' s recommendation if staff were committed to return in a year. K. Duffy stated she supported the staff recommendations. 14e&ting 86-09 Page seven E. Shelley stated he felt the year should start after some configuration of the stable was available, so staff could monitor its operations. The anon as amended passed 4 to 0 . G. Proposed Amendment to Deer Hollow Farm Lease with the City of `fou ntain View --o Provide for a Ten Year Lease (Report R-86-25 of April-10 , 19806) D. Hansen noted that the main items in the amendment to the agree- went were the extended ten-year lease period and a 'commitment by the City of Mountain View to spend City funds on Farm improve- ments , which the District would reimburse to the City on a pro- rated basis should the lease be terminated. Motion: R. Bishop moved that the Board authorize the President to sign the ten year amendment to the lease agreement with the City of Mountain View for the management of the Rancho San Antonio Open Space Preserve Deer Hollow Farm Area. E. Shelley seconded the motion. The motion passed 4 to 0 . H. Calling of Special Meeting and Authorization for Board Members ' 'ExiDenses (Memorandum M-86-42_ of April_ ll, 1986) H . Grench stated the Not-So-Annual Regional Park and Open Space District Conference would be held in Monterey on May 17 and 18 and said it would 'ne appropriate for the Board to schedule the Conference as a Special Meeting. He reviewed anticipated costs related to the Conference. Motion: D. Wendin moved that Board attendees be authorized to incur up to $150 in expenses for the Not-So-Annual .Regional Park and Open Space District Conference. R. Bishop seconded the motion. The motion passed 4 to 0 . '-lotion: E. Shelley moved that the Board call a Special Meeting for Saturday, May 17 and continuing to Sunday, May 18 , for the purpose of participating in the Not-So-Annual Regional Park and Open Space District Conference. R. Bishop seconded the motion. The motion passed 4 to 0. VI _ INFORMATIONAL REPORTS H. Grench announced that the Budget Committee had rescheduled its April 29 meeting to April 28 and its May 13 meeting to May 12. H. Grench stated that the San Mateo County Board of Supervisors had passed the fireworks ban except for the Broadmoor� area. D. Hansen announced that Ron and Rolayne Stortz had invited District Board and staff to a barbecue at Picchetti and that the suggested dates were Saturday, May 10 or Saturday, May 18. The Board decided that May 10 was the preferable date. VII . CLAI14S There were no claims for Board approval. VIII . CLOSED SESSION H . Grench announced that no Closed Session would be necessary. IX. ADJOURNMENT The meeting adjourned at 10 : 47 P.M. Jean Fiddes District Clerk Joan Combs Meeting 86-10 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 BOARD OF DIRECTORS_ APRIL 23 , 1986 MINUTES I . ROLL CALL President Edward Shelley called the meeting to order at 7:39 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 , Mary Hale , Stanley Norton, and Cecilia Cyrier. II. CLOSED SESSION L. Shelley stated that there was a need for a brief Closed Session prior to the public meeting. S . Norton said that the pending litigation ation to be discussed in the Closed- Session fell under Government Code Section I 54956 . 9 . The Board r_ce_=sed to Closed Session at 7 :40 P.M. III , PUBLIC SESSION E. Shelley recalled the meeting to order at 7 :53 P.M. I IV. =U4UI ICATI(3�,TS C . Cyrier stated the Board had received the following written communica- tions : 1) a letter from Elena Fiant, 620 Correas Street, Half Moon Bay, reporting that, while she and friends had explored the trails at Purisima Creek Redwoods Open Space Preserve from 11 :00 A.M. to 3 :00 P.M. on April 13 , one of their cars had been broken into and a purse had been stolen; a draft staff response was attached for Board consideration. E. Shelley stated the Board ' s consensus that the attached staff draft response was acceptable to the Board and that it should be forwarded to Ms . Fiant. V. ORAL COMMUNICATIONS Martin Barbe , 1231 Vincente Drive , Sunnyvale said that he had spoken at a Board meeting some months ago on the standardization of District maps and brochures and asked for an update. E . Shelley said that the matter had been referred to staff, and H. Grench noted that staff was working on the map revisions . i%'illiam Obermayer, 3200 Long Ridge Road, La Honda inquired as to what ;could be discussed under Informational Reports and Claims . Shelley said that Informational Reports were not known until the reports were made by Board or staff members and that no action is taken on these reports unless it is an emergency item. D. Wendin said that Mr. Obermayer had previously raised this issue and that the Board may someday ^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 I __ — - - __. Meeting 86-10 Page two want to reconsider the current agenda format. VI. yDGPTION OF AGENDA -7. Shelley stated the agenda was adopted by Board consensus . 3r-,:,?,D BUSINESS A. Crippled Children' s Society Agreement (Memorandum M-86-36 dated April 2 , 1986) D. Hansen stated the lease had been written on a year-to-year basis allowing the Crippled Children's Society to construct a riding ring facility on a portion of the Picchetti Ranch Area on the Monte Bello - Open Space Preser-,e. D. Hansen discussed the revised lease that had been distributed prior to the meeting, noting that minor wording changes had been made and new language had been added regarding insurance coverage. Christine Fessler, Director of Recreation and Respite Services of the Crippled Children ' s Society urged the Board to approve the lease since with. the addition of the riding ring the Society will be in a position to enhance greatly its services . Motion: H. Turner moved that the Board approve the lease agreement allowing the Crippled Children 's Society of Santa Clara County , Inc. to construct riding ring facilities on a portion of the '_Picc_hetti Ranch Area of the Monte Bello Open Space Prese=e ad`acent to Camp Costanoan and authorize the President to sign t-1--e lease . R. Bishop seconded the motion. The motion passe-d 7 to 0 . .III . PU37 IC HEP.RIIN40 A. Ordinance Regardin� Policy for Potential Use of Eminent Domain In- cluding Amendm.en7z to Ordinance to Restrict Further Board' s Use of Eminent Domain for Trails Across Undividable", Improved Property (Report R-86-27 dated April 9 , 1986) President Shelley asked D. Wendin to chair this portion of the meeting. D. Wendin explained that the motion tabled at the February 26 meeting would be brought back before the Board and that main discussion would center on Director Hanko' s proposed amendments to the Ordinance as contained on the sheet dated April 4 , 1986, clarification language for Section 6 and 10 prepared by S . Norton, District Legal Counsel, and material prepared by Claude A. Look of Los Altos on criteria for public trail alignment across developed properties and proposed wording on a definition of a scenic corridor. Motion: D. Wendin moved that Ordinance 86-1 be removed from the table. E. Shelley seconded the motion. The motion passed 7 to 0 . N. Hanko explained that her proposed amendments would protect property owners from the use of eminent domain in clearly defined developed communities designated on the District 's Master Plan, except as re- lated to trails and any portion of a property that was within a scenic corridor or that follows a route of historic public use . To clarify the new definition of a scenic corridor as presented in the proposed amendments , D. Wendin said that scenic trails per se are not designated by governmental agencies , rather, if anything is Meeting 86-10 Page three done , a scenic road corridor or trails system is designated. He noted the definitions distributed by Claude Look at the meeting were more exact than those contained at the bottom of the April 4 , 1986 sheet entitled Proposed Amendments to Eminent Domain Policy. Motion: N. Hanko moved that the Board approve the proposed amend- ment- to Ordinance 86-1 (eminent domain policy) dated April 4 '' 1986 with the inclusion of the underlined portions to Section 1 (Improved property not subdividable) and Section 2 (Unim- proved property, not subdividable) and the second definition under scenic corridor as presented on the sheet distributed by C. Lock that reads "Scenic road corridors or trails systems -designated as such. by a city, county, the State or in an adopted plan of the District. " R. Bishop seconded the motion. Discussion: In response to K. Duffy ' s question as to what had been gained by adding the underlined portion to Section 2, D. Wendin said it provided consistency in language with Section 1 with respect to clearly defined developed communities. H. Turner stated that he preferred the first definition of a scenic corridor because a decision on a scenic trail or road corridor should be of significance beyond just the District' s regional scope . Motion to Amend : _H. Turner moved that the Board delete the second definition of a scenic corridor from the motion and replace it wi-th the first definition ( "Scenic road corridors or trails systems designated as such by a city, county, or the State" ) . T. Henshaw seconded the motion. Discussion : E. Shelley spoke against the motion to amend, noting the District has a greater regional scope than any other agency, except the State. D. Wendin said that he felt the language in Section 5 on Trails provided adequate protection for landowners and he was willing to support Director Hanko' s motion, but could not support Director Turner's motion to amend since he felt it caused "mischief" . R. Bishop spoke in favor of Director Hanko' s motion saying that it was important to protect the right to use eminent domain to acquire trails in scenic road corridors . T. Ren- shaw stated that she was opposed to Director Hanko's amendments and to the use of eminent domain for trails. She said that she supported H. Turner ' s amendment since she did not see the District' s function as one of defining scenic road corridors and that the District' s interpretation of a scenic corridor might not protect homeowners . D. Wendin opened the Public Hearing at 8 : 30 P.M. Those members of the audience speaking against the use of eminent domain and the use of eminent domain for trail pur- poses included: William Obermayer, 3200 Long Ridge Road, La Honda; Paul Storaasli , 22400 Skyline Boulevard, La Honda; Janet Schwind , 11825 Skyline Boulevard . Los Gatos ; Bob Piety , 11895 Skyline Boulevard , Los Gatos ; Alfonso Tatano, P.O. Box 865 , Cupertino; Candace Stone, Route 2, Box 336, La Honda; Charles Touchatt, P.O. Box 254 , Redwood City; Meeting 86-10 Page four Larry Hassett, 22286 Skyline Boulevard, La Honda; Bob Fisse, Route 2 , Box 402 , La Honda; Orion Larson, 16006 Montebello Road, .Cupertino; Don May, 15527 Stevens Canyon Road , Cuper- tino; and Ruth Page, 16000 Montebello Road, Cupertino. Those me=bers of the audience speaking in favor of eminent domain only when absolutely necessary for trail purposes included: �Hulet Hornbeck, 4807 John Muir Road, Martinez? Claude Look, 411 Los Ninos Way, Los Altos ; David Sutton, 478 Cypress Avenue, Half Moon Bay; Doni Hubbard, 25228 La Lorna Drive,. Los Altos Hills; Sylvia Ferguson, 707 Continental Circle, =1414, Mountain View; and Carol Norton, 620 Alamo Court, -21 , Mountain View. N. Hanko said she supported the second definition of a scenic corridor because it would allow the District to designate a scenic corridor, noting there is no guarantee that a city, county or the State would represent the concerned individuals in the developed communities . + D. Wendin said he had talked with various elected officials and none of them had suggested that the District give up the power of eminent domain. T. Henshaw said she had talked with various individuals and that she had not received any comments in opposition to her state, position that she would never vote to use eminent domain = = grails . H. T rner, speaking in favor of his motion to amend, said that the District could be an instrument of a city, county or the State , as opposed to a regional trail plan imple- menter. K. Duffy said that it was absurd to say that the District was not a regional trail provider and that she supported N. Hanko ' s original motion. H. Turner' s motion to amend failed to pass by the following 2 to 5 vote : Ayes : T. Henshaw and H. Turner. Noes : K. Duffy, D. Wendin, E. Shelley, R. Bishop, and N. Hanko. Bob Fisse asked for clarification of the words at the end of Item 1 (Improved property, not subdividable) which read, " . . .or follows a route of historic public use. " N. Hanko responded by saying that definitions would Y g be part t of th e District ' s trail plan that would be developed later and that she believed Old Page Mill Road would be an example . K Duff and y n D. Wendin both spoke in favor of trail planning and said that Item 5-Trails was an adequate protection, however they would vote in favor of Director Hanko s amendment. N. Hankc_>' s motion asked b the following P Y g 6 to 1 vote : Ayes : K. Duffy R. Bishop, D. Wendin, H. Turner, E. Shelley, and N. Hanko. No: T. Henshaw. 86-10 Page five Motion to Amend: R. Bishop moved that Item 1 of the Ordinance be amended to read, "Eminent domain shall not be used for trails over improved property that was not subdividable on parcels of 40 acres or less . " T. Henshaw seconded the motion. Discussion: Directors Wendin and Duffy said that they could not support. the 40 acre limit as proposed by Director Bishop. Director Turner spoke in favor of the motion to amend. Janet Schwind, Larry Hassett, Paul Storaasli , and Don May spoke in savor of the motion to amend. Claude Look and Candace 'Stone spoke against the motion to amend. Charles Touchatt, William Obermayer and Doni Hubbard spoke in favor - of developing the Master Plan as a guide . Bob Fisse said that one could get around the 40-acre size by paying more for available property, and Bob Piety said that in time land would be available from a willing seller. R. Bishop' s motion to amend failed to pass by the following 3 to 4 vote: Ayes T. Henshaw, R. Bishop and H. Turner. Noes : K. Duffy, D. Wendin, E. Shelley, and N. Hanko. Motion to Amend : E. Shelley moved that the Board reconsider the Ordinance as originally proposed prior to Director Hanko' s amendments . K. Duffy seconded the motion. Discussi_r : N. Hanko said the policy as proposed in Item 5- Trails wo ld not allow for connecting of all District pro- perties an-4 that a specific trail plan, as she proposed, was needs. E. Shelley stated that the amendment sets re- strict-ions on the eminent domain policy but he was not against nlanninqf,or trails and he felt the current Item 5 provides sufficient protection. T. Henshaw said that she supported a Master Plan for trails , and was not in support of N. Hanko' s amendment since its wording was nebulous. Paul Storaasli and Charles Touchatt spoke in favor of N. Hanko ' s amendment. Discussion centered on the interpretation of the words "portion of a property" in the introductory statement to Item 5-Trails , as to whether the word "property" required to connect two or more publicly owned park or open space parcels referred to one or more than one property. I.-lotion to Table Motion to Amend : D. Wendin moved that the Board table E. Shelley 's motion to amend for reconsideration of the Ordinance as originally proposed . E. Shelley seconded the motion. The motion to table the motion to amend passed 7 to 0 . Motion to Amend: R. Bishop moved that the Board amend the introduc- tory paragraph of Item 5-Trails to read: "If a portion of a property or properties" is required to connect two or more publicly owned park or open space parcels , eminent domain may be used, subject to legal requirements and the following considerations" - D. Wendin seconded the motion. V=etina 86-10 Page six Jane,, chwind, Beez Jones , Don 1,. j , Paul Storaasli , Bob Fisse, Charles Touchatt, and William Obermayer spoke against the amendment noting they had understood the initial portion of the statement referred to a single property. David Sutton and Sylvia Ferguson spoke in favor of the amendment. R. Bisho-o stated he, would vote against his own motion based on the public comments that had been made . The motion to amend as amended failed to pass by the following 3 to 4 vote : Ayes : K. Duffy, D. Wendin and E. Shelley. Noes : T. Henshaw, R. Bishop, H. Turner, and N. Hanko. D. Wendin requested that the record show that the phrase "if a portion of a property" in the introductory paragraph of Item 5-Trails, meant a single property. 2-lotion: D. Wendin moved- that the Board remove from the table the motion to substitute the Ordinance as originally presented. T. Henshaw seconded the motion. The motion passed 7 to 0. The motion to substitute the Ordinance as originally pro- posed passed by the following 5 to 2 vote: Ayes : T. Henshaw, K. Duffy, D. Wendin, H. Turner, and E. Shelley. Noes.: R. .Bishop and N. Hanko. D. Wendin called a recess at 11:30 P.M. and reconvened the meeting at 11 :40 P.M. D. Wendin e_---plained that he had used the word "substitute" instead c-F - the word "reconsider" when calling for a vote on Director S1-elley 's motion to amend . He asked that the record show that the vote was for Ordinance 86-1 as originally presented as a substitution for Ordinance 86-1 as amended by Director Hanko' s motion to amend. H. Turner said that he did not favor the different treatment outlined for commercially and institutionally held proper- ties from privately held properties in Item 3 - Improved Subdividable Property and Item 4 - Unimproved, Subdividable Property. He said that he felt it discriminated against private preservation in that it included land owned by a charitable trust or organization. Votion to Amend: H. Turner moved that Definition 9 .0. be amended by deleting the wording after the wording "churches" and the word "or" be inserted before churches . T. Henshaw seconded the motion. Discussion : E. Shelley, N. Hanko, D. Wendin, and R. Bishop spoke against the motion to amend. The motion to amend failed to pass by the following 2 to 5 vote: Ayes: T. Henshaw and H. Turner. Noes : K. Duffy, R. Bishop, D. Wendin, E. Shelley, and N. Hanko. Meeting 86-10 Page seven D. Wendin explained S. Norton' s recommendations concerning a change in the title of Item 6 - Road Access for Patrol Purposes as detailed in S. Norton' s memorandum of April 21, 1986 , noting the first addition would enable the District to perfect title when there was a question or cloud. Motion to Amend: D. Wendin moved that the Board amend Item 6 - Road Access for Patrol Purposes by changing the title to: "Per- fe Ct4 Lon of District Rights" and adding the following language at end of existing statement --I' . . ., and to perfect title to any District property or District's interest therein. " R. Bishop seconded the motion. The motion passed 7 to 0 . Discussion : S. Norton said he was suggesting the addition of a statement at end of Item 10 - "Decisions of the Board, " so as to reinforce what was already stated and to eliminate any question as to how it is to be determined that the Board has complied with its adopted policies. Motion: D. Wendin moved that the Board adopt the following additional language to Item 10 - Decision of the Board and upon the adoption of a resolution of necessity (Code of Civil Procedure Section 1245 . 220) it shall be conclusively pre- sumed that the Board has found such action to be consistent with these Policies . " N. Hanko seconded the motion. The motion a-_.pssed 7 to 0 . In response to D. Wendin' s question as to how the ordinance would to officially published, J. Fiddes said that it would be pug=is=Zed in the Peninsula Times Tribune. D. Wendin noted that the :_Cion Plan calls for the preparation of a brochure ex,;a`L a 4n4 ng - L the eminent domain policy . The criginal motion to adopt Ordinance 86-1 passed 7 to 0. D. Wendin closed the public hearing at 12 :03 A.M. , Thursday, April 24 , 1986 . IX. BOARD BUSINESS (Continued) B. Approval of Questionnaire for Later Director Response on Policy Issues Relating to. 1. Implementation of Changes in Brown Act, 2 . Acquisition of Lands Outside District' s Sphere of Influence, 3. Annexation Motion: E. Shelley moved that the Board adopt the questionnaire , distribute the questionnaire to the Board and interested members of the public , have the questionnaire returned to the Committee in 30 days, and place the matter on the next agenda for questions and discussion. K. Duffy seconded the motion. The motion passed 7 to 0 . The questionnaires were to be returned to the Committee by May 23 , 1986 . X . INFORMATIONAL REPORTS H . Grench requested information on luncheon and dinner reservations for the Not-So-Annual Regional Park and Open Space District Conference to be held in Monterey. Page eight 86-10 - 1 d that 49 people participated in a successful Tral D. Hansen reporte ont older open Space Preserve. Day on Saturday, April !9 at Frem lot at picchetti he Board members to see the parking D. TATendin urged t br I nt solution for the Monte Bello Road prior to discussions on a permane problem. ask Force had hired Larry Livingston as N. Hanko reported that the 2020 T a consultant. Meeting would be at the new office H. Grench announced that the next Board Me at the Old Mill Office Center. X1 . CLAIMS 86-08. �i-otion: D. Wendin moved the approval of the Revised Claims - R. Bishop seconded the motion. The motion passed 7 to 0 . CLOSED SESSION ssed to closed Session on land negotiation matters at The Board rece 12 : 15 A.m. , Thursday , April 24 . ADJOURNMENT The Board reconvened to adjourn at 12 :28 A.M. , Thursday , April 24 . Cecilia A. Cyrier Secretary CEATRS No. 86-03 P,eeting 36-i 0 MIDPENINSUL.. REGIONAL Ol:'El`, SPACE DISTRICT Date: April 23, 1986 C L A I M S REVISED '?ame Description = 5� 13.20 AmeriGas Tank Rental 3� 5D.00 California Park & Recreation Society Conference Registration--Herbert Grenct 125.062 CaIifOrn11a ':a-e Service Company p y Water Service =3:; 5,537.8C Central Fe � ,-;parry Los Gatos Creek Park Fence Project 213.00 Communicatio-_ Research Company Radio Service =36i 57. 14 Crest Copies , : nc. Map Reproduction and Xeroxing ' �3b2 234. 11 Alice Curlm,ir.-_ Reimbursement--Seminar, Workshop and Conference Expense =363 2::'3.00 Dennis Danielsen Reimbursenent--Conference Expense _364 2, 1c3.43 Pete Ellis Dodge • District Vehicle Repairs =3b5 17/ 3.67 El Monte Stationers Office Supplies ;D.00 Jean Fiddes Reimbursement--Membership Dues D. 13 First Amer;c=_7 Title Guaranty Company Title Policy--Eilertsen =3" =6.,D' Forestry p Su e,-s Inc. - � Field Supplies !2�. 14 Foster - Locks and Keys =3. ,D5D.00 Frahm, =c _ s Consulting Services 1' 2D.75 General Cc,-;,any Directory Listing Out of Tom Meeting Expense r ' '�2 Private Vehicle Expense =37' �3.22 The Hertz Cc.-poration Car Rental :37: iCD.00 Holtzmann, Wise & Shepard, Dr Legal Services =31- 3D.73 Hubbard and Johnson Field Supplies :377 *LD.00 Gregory S. King Towing Services 3 12. 14 Langley Hill Quarry Field Supplies =3%= D 7.37 Lawrence Tire Service, Inc. District Vehicle Tires - s1 'D.00 Los Altos Garbage Company Dumpster Rental :-3. 14 Peter Lucchese Electrical Repair _. -- 67 Minton's Lumber and Supply Field Supplies .20 Miracle Auto Painting District Vehicle Repairs r p s and Paint 75 Monta Vista Garden Center _ Field Supplies Noble Ford Tractor Tractor and Trailer Repairs % 3:3.37 On-Line Business Systems, Inc. Computer Services _".48 Pacific Gas and Electric Company P Y Utilities - 0 Park Maintenance Subscription Peninsula Oil Company Fuel for District Vehicles -, 20 The Peninsula Times Tribune Advertisement for Receptionist and Administrative Assistant I CLAIMS No. 86-08 Meeting: 86-10 Date: April 23, 1986 REVISED Name_ Description 53;1 3. 14 Petters Office Furnishings Unlimited Office Furniture =-.53 Reef Industries, Inc. Field Supplies 3333 ;5.24 Rent-A-Compu__,- Computer Rental 3-3:4 _- D.00.' Santa Clara �__.._,_y Health Department Hazardous Material Storage Permit 3-25 -2. 10 Scribner Gra -z Press Office Supplies 53;6 3.$5 Sky tir.e COI:n water District Water Services 5337 1 -0.00 Skyline Rand Water Services '3:8 : ;.17 Union Oil Cor::pany of California Fuel for District Vehicles :3;, 1= 1 .74 Vallen Safety Supply Safety Vest and Field Supplies _ -� 1,�,D.00 Valley Title Company Land Purchase--North et a1 . = �1 2' ,'-D.00 Valley Title ;.ompany Land Purchase--North D. l l�oo, s Private Vehicle Expense -_ .47 Xerox Carrore_'on Maintenance Agreement and Supplies • 13 Yar'bird =c_. _- -ales Equipment Repairs and Supplies ZZ_7 Sane ta - Y Sanitation Services - '6 3,95 Clip Art Environmental Art Book 7 .;-.^C Trail 1 - cnd Volunteer Volunteer Trail Construction 35.=2 Mary Hale Reimbursement--Printing Expense =1�� :5.33 Petty Cash Office Supplies, Express Mail , Meal Conferences, Photo Processing and Private Vehicle Expense Issued as emergency check on April 10, 1986 Issued as emergency check on April 17, 1986 t R-86-39 (Meeting 86-15 June 11, 1986) dk MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 5 , 1986 TO: Board of Directors FROM Budget Committee (K. Duffy, T. Henshaw and E. Shelley (for D. Wendin) SUBJECT: Compensation for Board Appointees The full Board of Directors reviewed the performance of the three Board appointees on May 7 , 1986 . The performance of each of the appointees was determined to be exceptional. The Budget Committee recommends the following compensation adjustments : 1. General Manager Present Salary $69 ,344 Increase nc ease 2 , 800 00 New Salary $72 ,144 As we did three years ago, we again recommend that General Manager compensation for this year include reimbursement for a comprehen- sive medical examination not to exceed $600 . 2. District Counsel Current Salary $55 ,480 Increase $ 2,220 New Salary $57 ,700 3 . District Controller Present Salary $ 3 ,850 Increase $ 250 New Salary $ 4 ,100 The Committee also asks that the eligibility of Board appointees for deferred compensation be investigated and clarified. 4. General Manager Appointees The Budget Committee reviewed the salary information comparables and C.P. I . data and concludes that a range adjustment of 3 to 5 points is in order. I R-86-34 (Meeting 86-15 j $ June 11, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 2 , 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Sale of 1986 Promissory Notes I Discussion: At your meeting of May 14 , 1986 you approved an under- writingagreement with Stone and Youngberg S &g Y and autho rized orized g � ) i staff to take all actions necessary to arrange the issuance of ten year promissory notes (see report M-86-17 dated May P Y 6 1986 At P Y your meeting of May 28 , 1986 you approved and authorized distribu- tion of the Preliminary Official Statement covering the issuance of $9 . 5 million of the 1986 Promissory Notes (see report M-86-58 dated May 22 , 1986) . We received good news on June 3 when Standard and Poors announced that the issue would carry an A+ rating, the same rating enjoyed by - our 1985 Notes. S & Y plans to obtain all insurance quotations anc? bond market information needed to price the 1986 Notes by June9 . On June 10, S & Y will meet with the General Manager and me to set the final { proposed terms. Given the terms are favorable, I will present resolutions of issuance and a note purchase agreement at your June 11 Board Meeting. Preliminary copies of the Resolution of Issuance and Note Purchase Agreement are attached. The final version will { be available at the meeting. Recommendation: Assuming that the final proposed terms are acceptable to you, I recommend that you take the following actions : I 1 . Approve the Resolution Providing for the Issuance and Sale of $9 ,500 ,000 Principal Amount of "Midpeninsula Regional Open Space District 1986 Promissory Notes"; 2 . Approve and execute the 1986 Promissory Note Purchase Agreement with Stone and Youngberg. l I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FROVIDING FOR THE ISSUANCE -AND SALE OF $9,500, 000 PRINCIPAL AMOUNT OF "MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY I NOTES" I I WHEREAS, this Board of Directors (the "Board" ) of 4-lidpeninsula Regional Open Space District (the "District" ) has found and iisat f'.:n^s in the amount of $9,500,000 are neeced hj, the District for the purpose .o£ ac_a;— n5 ne:e_sarY and proper lands and facilities for open i space purposes of the District, all in accordance with the ( provisions of Article 4 of Chapter 3 of Division 5 of the Public Resources Code of the State of California (the "Code" ) ; and WHEREAS, Section 5544.2 of the Code authorizes the issuance and sale by the District of promissory notes to provide funds for the accomplishment of such purpose, and the Board has determined to issue and sell $9, 500, 000 principal amount of promissory notes under such section to provide funds for the accomplishment of such purpose; and I WHEREAS, it is appropriate to adopt this resolution in order to provide the conditions and terms under and pursuant to whicn such promissory notes shall be issued and sold by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District as follows: i Section 1. The Board has reviewed all proceedings heretofore taken relative to the issuance and sale of such promissory notes and has found, as a result of such review, and 'hereby finds and determines that all acts, conditions and thincs required by law to exist, happen and be performed Precedent to and in the issuance and sale of such promissory notes have existed, happened and been performed in regular and clue time, form and manner as required by law, and the District is now duly authorized to issue and sell such promissory notes and incur an. indebtedness under and pursuant to the conditions and terms provided in this resolution. Section 2. Pursuant to the provisions of Section 5544.2 of the Code and for the purpose hereinabove set forth, the District determines to borrow the principal sum of $9, 500,000 by the issuance and sale as hereinafter provided of $9, 500,000 principal amount of promissory notes to evidence such indebtedness. Such promissory notes shall be known as the "Midpeninsula Regional Open Space District 1986 Promissory Notes" (the "Notes" ) . The Notes shall be 2 issued in fully registered form in the denomination of $5,000 or any integral multiple thereof (not to exceed the principal amount of Notes maturing in any one year) , shall be dated July 1, 1985, and shall mature on the dates and in the Principal amounts and shall bear interest at the interest rates per annum z= set forth in the following schedule: Principal Maturity Date Interest Amount December 15 Rate $ . 710,000 1987 880,Ou0 1988 925, 000 1989 980,00v 1990 1, 045,000 1991 5,^00 1992 1, 190,000 1993 1,285,G00 1994 I,370,OU0` 1995 The Notes n-aturing on or after December .15, � 1992, are s::bj=c La optional redemption by the District prior to their .-- +- r respecti-�e rnatu_�,ty dates from any source of funds, upon mailed notice as hereinafter provided, on any interest payment date on or after December 15, 1991 as a whole or in part in inverse order of maturity (and by lot within any one maturity) , upon payment of following redemption prices (computed on the principal amount of the Notes or portions thereof called for redemption) together with accrued interest thereon to the redemption date, as follows: 102% if redeemed prior to June 15, 1992; 101-1/2% if redeemed thereafter and prior to June 15, 1993; i e -- o � 101/ i_ redeemed -thereafter and prior to June 15, 1994; 100-1/2% i-f redeemed thereafter and prior to June 15, 1995; and 100% if redeemed thereafter and prior to maturity. The District shall give mailed notice of redemption of any Notes to the registered owners of the Notes called in whole or in part at least fifteen (15) , but not more than thirty (30) , days prior to redemption date; provided, that failure to receive any such notice shall not affect the redemption of such Notes, The Notes shall bear interest from the interest Payment date next preceding the date of authentication and registration there:-,_,, U.--less such date of authentication and 1 registration is an i_^_te,-esu payment date, in which event they shall bear interest =roin such date, or unless such date of authentication and registration g is prior to the first interest payment date, in which event they shall bear interest from July 1, 1986. Such interest shall be payable on December 15, 1986, and semiannually thereafter on June 15 and December 15 of each year until the maturity or prior redemption of the Notes. Such interest shall be paid by check mailed to the persons whose names appear as the registered owners thereof as of fifteen ( 15) days prior to each interest payment date on the registration - books required to be kept by the principal corporate trust office of First Interstate Bank of California in San Francisco, California (the "Paying Agent" ) by Section 5 4 of this resolution, and the principal of the Notes shall be payable only on surrender of- the Notes by such registered owners to the Payi^g Agent at the maturity or prior redemption thereof. Both the interest on and the principal of the Notes shall be payable in lawful. money of the United States of America. Section 3. The Notes, and the authentication and registration endorsement and the assignment form to appear thereon shall each be substantially in the following forms, the blanks in said forms to be filled in with appropriate words or figures, I I 5 I i [Form of Note] UNITED STATES OF AMERICA STATE OF CALIFORNIA C0U::+_=S OF SANTA CLARA AND SAN MATEO III MIDP_NINSULA REGIONAL OPEN SPACE DISTRICT I 1986 PROMISSORY NOTE Interest Maturity Date of Rate Date Issue CUSIP I Decesner 15, July 1, 1986 R E G T S%..RED OlygN z i I PRINCIPAL AX0U!-.- DOLLARS I i z�ID �'tiNSTJ:A REGIONAL, OPEN SPACE DISTRICT, a regional open space district located in the Counties of Santa Clara and San ?•:ateo, State of California (the "District" ) hereby acknowledges itself indebted and for value received promises to pay to the registered owner set forth above on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for) the principal sum set forth above, together with interest thereon from the interest payment date next preceding the date of authentication and registration of this Note (unless this Note is authenticated and registered as of an interest payment date, in which event it shall bear interest from that date, or unless this Note is authenticated and registered prior to December 15, 1986, in which event it shall bear interest from July 1 , 1986) until payment of said principal sum in full at the interest rate per annum set forth above, payable on December 15, 1986, and semiannually thereafter on June 15 and December 15 of each year. Interest due on or before the maturity or prior redemption of this Note shall be payable only by check mailed to the registered owner hereof as of fifteen (15) days prior to each interest payment date, and the principal hereof shall be payable on the maturity of this Note only upon surrender hereof by the registered owner 6 I I i hereof. Both the interest hereon and the principal hereof are payable in lawful money of the United States of America at the principal corporate trust office of First Interstate Bank of California in San Francisco, California, the Paying Agent of the District. The Notes maturing on or after December 15, 1992, are subject to optional redemption by the District prior to their respective r.rturity dates from any source of funds, upon mailed notice as hereinafter provided, on any interest payment date on or after December 15, 1991, as a whole, or in part in inverse o_der of maturity (and by lot within any one maturity) , upon payment of following redemption prices com uted( p on the principal am ount of the No tes or portions thereof called for redemption) together with accrued interest thereon to the redemption date, as follows: 102% if redeemed prior to June 15, 1992; 101-1/2°$ if redeemed thereafter and prior to June 15, 1993; -redeemed thereafter and prior to June 15, 199- 100-1/% i_ redeemed thereafter and prior to June 15, 1_9z; and 1"JOa i= r edeemed thereafter and prior to maturity. i The District shall give mailed notice of redemption of any Notes to the registered owners of the Notes called in whole or in part at least fifteen (15) , but not more than thirty (30) , days prior to redemption date; provided, that failure to receive any such notice shall not affect the redemption of such Notes. This Note is one of a duly authorized issue of promissory notes of the District aggregating nine million five hundred thousand dollars ($9, 500,000) in principal amount (the I "Notes" ) , all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, denominations, interest rates or maturities) , and is authorized to be issued under and pursuant to the conditions and terms of Resolution No. of the Board of Directors of the District (the "Resolution" ) duly and regularly passed and adopted on June 11, 1986, under and by authority of Section 5544.2 of the Public Resources Code of the State of California, and is issued to provide funds for acquiring necessary and proper lan ds and facilit ies for P open space ce purposes of the District P 7 This Note is transferable by the registered owner hereof, in person 'or by his duly authorized attorney, at the above-mentioned office of the Paying Agent, upon surrender of this 'Note for cancellation accomp anied by delivery of a duly executed written instrume nt of transfer sfer in a form approved by the Paying Agent, and thereupon p a new Note or Notes of authorized denominations for a like aggregate principal amount and of the same maturity date will be issued to the transfer ee in exchange A therefor, in the manner, subject to the conditions and terms and upon payment of the charges provided in the Resolution. The District and the Paying Agent may deem and treat the registered owner of this Note as the absolute owner hereof for the purpose of receiving payment hereof and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and the principal of this Note shall be made only to such registered owner, which payment shall be valid and, effectual to satisfy and discharge liability on this Note to the extent of the sum or sums so paid. The Notes are authorized to be issued in the form of fully registered Notes in the denomination of $5, 000 or any integral multiple thereon (not exceeding the principal amount Of NO zes maturin=_ in -any one year) . Subject to the conditions and terms and upon pay en t o" the charges provided in- the Resolution, the Notes-=av be exchanged at the above-mentioned office of rhe ?wring . cent for the same principal amount of tioZes of t^e samne maturity date of any other authorized deno inat ions. This Note shall not be entitled to any benefits under the Resolution or become valid or obligatory for any purpose until the certificate of a,.atLhentication and registration hereon endorsed shall have been signed by the Paying Agent. It is hereby certified, recited and declared that this Note is issued in strict conformity with the Constitution and laws of the State of California now in force and with the proceedings of the Board of Direckors of the District authorizing the same, and that all acts, conditions and things g required to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been performed in regular and due time, form and manner as required by law, and that this Note, together with all indebtedness and obligations of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California or by the Resolution, and that the interest on and the principal of this Note is payable from limited ad valorem property taxes levied upon all taxable property within the 8 I District by the Board :of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the District under applic.able law. IN WITINESS WHEREOF, the District has caused this Note to be signed by the facsimile signature of the President of its Board ctr Directors and attested by the facsimile signature of the Secretary of its Board of Directors, and has caused the seal c-l" .he District to be imprinted hereon, and has caused this '.',-:cte to be dated July 1, 1986. President of the Board of Directors of Midpeninsula Regional Open Space District SEAL Attest: SeCret-a Y o t h-a El o d o-f D Regional open s===e 9 [Form of Paying Agent' s Certificate of Authentication and Registration] This is one of the Notes described in the Within-,mentioned resolution which has been authenticated Cated and registered_rea on FIRST INTERSTATE BANK OF CALIFORNIA, as Paying Agent B Y Authorized Officer [Form of Assignment] For value received the undersigned do(es) hereby sell, assign and transfer unto the within Note and' do(es) hereby irrevocably constitute and ap^oin t attorney to transfer -- sazLe on the register of the Paying Agent, with fu'1 now=_r of substitution in the premises. Dated: NOTE: The signature( s) to this Assignment must correspond with the name( s) as written on the face of the within Note in every particular, without alteration or enlargement or any change whatsoever, and the signature( s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or . trust company. 10 i Section_ 4. The President of the Board is hereby authorized and directed to execute each of the Notes by his facsimile signature, and the Secretary of the Board is hereby authorized and direYted to attest such execution of the Notes by his facsimile signature, and to imprint the seal of the District thereon, which such signing, attesting and sealing as herein provided shall be a sufficient and binding execution of the Notes by the District. If either officer of the Board whose signature appears on any Note ceases to be such officer before the delivery of the Notes to the purchaser thereof, the signature of such officer appearing on the Notes ' shall be valid, and sufficient for all purposes to th= same ----I=h officer had remained in office until such delivery of the Notes. Only such of the Notes as Shall ==__ th e-eon a certificate of authentication and registraticn in the -form hereinalDove set forth, executed and dated by the Paying Agent, shall be entitled to any benefits hereunder or be valid or obligatory for any purpose, and such certificate shall be conclusive evidence that the Notes so authenticated and registered have been duly authorized, executed, issued and delivered hereunder and are entitled to the benefits hereof. Section S. First Interstate Bank of California at its principal corporate trust office in San Francisco, California, is hereby appointed Paying Agent of the District for the purpose of receiving all money which the District is ll required to deposit with the Paying Agent hereunder and for the purpose of paying the interest on and the principal of the Notes. The District may at any time in its sole discretion remove the Paying Agent Y g gnt initially Y appointed and any successor thereto and may appoint a successor or successors thereto by an instrument- in writing'; provided, that the District agrees that it will at all times maintain a Paying Agent having a principal corporate trust office in San Francisco, California. The Paying Agent is hereby authorized to pay the interest on the Notes due on or before the maturity thereof to t-he registered owners thereof as their names appear as c= fi=t--n (15) days prior to each interest paY-71erl{ date orl t;le =ez-ist,ation books required to be kept by it pursuant to t fs se_-i-on as the registered owners thereof, such interest to be ,paid by check mailed to such reg istered owners at =weir addresses appearing on such books or at such other addresses as they may have filed with the Paying Agent for that purpose, and to pay to such registered owners the 1 principal of the Notes upon presentation and surrender of the Notes to the Paying Agent at the maturity thereof. The District shall from tim e to time , subject to any agreement between the District and the Paying y g Agent then i in force, pay the Paying Agent compensation for its services reimburse the Paying Agent for all its advances and expenditures, including but not limited to advances to and fees and expenses of independent accountants, counsel and 12 I engineers or other experts employed by it in the exercise and performance of its rights and obligations hereunder, and indemnify and save the Paying Agent harmless against liabilities not arising from its own gross negligence or .4- - willful miscon4ucz which it may incur in the exercise and performance Of its rights and obligations hereunder. The recitals of facts, agreements and covenants contained herein and in the Notes shall be taken as statements, agreements and covenants of the District, and the Paying Agent does not assure any res.P=Sibility for the correctness of the same and does not hake anv vle=resentation as to the sufficiency or validii-y hereof c-- oz, the Notes, and shall not incur any responsi bi 1 j t-Y ' -n =e-s-pect thereof" other than in connection with the rights --^-' -4 'gations assigned to or impose'd upon it her Zn the !Z--tes, and shall not be liable in connection with the performance of its duties hereunder except for its own gross negligence or willful misconduct. The Paying Agent will keep at its office sufficient books for the registration, transfer and exchange of the Notes, which books shall at all times be open to inspection by the District. Upon presentation for such purpose the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or exchange the Notes on such books as hereinafter provided. Any Note may be transferred on such books by the registered owner thereof, in person or by his duly authorized 13 i attorney, upon payrient by the person requesting such transfer of such charge as t^e Pa g ying.' Agent shall deem reasonable (but not exceeding twenty dollars 20.00 $ for each - � ) new Note authenticated and delivered upon any such transfer) and also upon payment of any tax or other governmental charge required to be paid with respect to such transfer and upon surrender of such Note for. cancellation accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Note or Notes shall be surrendered for transfer, the District shall execute and the Paying Age-n Ate__:,, shall authenticate and deliver a new Na'ze or Notes o= aU:t�h^rized denominations for a like agcregCLe prinrip�? an ;ant of the same maturity date. The Y District and the Paying :gent may deem and treat the registered owner of any Note as the absolute owner of such Note for the purpose of receiving payment thereof as above provided and for all other purposes, whether such Note shall be overdue or not, and neither the District nor the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and the principal of such Note shall be made only to such registered owner as above provided, which payment shall be valid and effectual to satisfy and discharge liability on such Note to the extent of the sum or sums so paid. The Notes may be exchanged on such books by the registered owners thereof for a like aggregate principal 14 amount of Notes of the same maturity date of other authorized denominations, upon payment by the person requesting such exchange of such charge as the Paying Agent shall deem reasonable (but not exceeding twenty dollars ($20.00) for each new Note au -_anticated and delivered upon any such exchange) and also upon payment of any tax or other governmental charge required to be paid with respect to such exchange. Section 6. The proceeds of sale of the Notes (except accrued iterest received on such sale) shall be deposited with th_ t roller of the �,on�-� District. in a sp ecial _und mair_taf n== =1' h which shall be designated the "Midpeni*isula Space District 1986 Promissory Note 3icqu,is t?,-..n F_,�_d"' (the "acquisition Fund" ) . All*money n the Fund shall be withdrawn therefrom only upon the order of the Board or pursuant to its directions, and shall be expended exclusively for the purpose for which the Notes were authorized to be issued. All money in the Acquisition Fund shall, pending expenditure, be deposited or invested as permitted by law so as to obtain the highest yield that the Controller of the District deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when the money so deposited or invested is expected to be expended 15 hereunder. All proceeds of such deposits or investments shall be deposited as and when received in the Acquisition Fund_ When the purpose for which the Notes were authorized to be issaed has been accomplished, any balance of money then remaining in the Acquisition Fund shall be trans---"erred to the Note Fund referred to in Section 7 hereof. Section 7. For the purpose of paying the interest on and the principal of the Notes, until the interest on and the principal of the Notes are paid in full or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of the interest on and the pri^cop_ Of t_.e �;otes as they become due, the District shall ___._.:a_ly- set aside a portion of the limited ad valorem tares levied upon all taxable property within the District by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the District under applicable law, sufficient to pay such interest and principal that will become due before the proceeds of a tax levied at the next general tax levy will be available 1 ble for such In o purpose. rder to implement this provision, the District agrees that it will set aside, as soon as possible after the receipt of such taxes that become delinquent after December 10 of each year (commencing with such taxes that become delinquent after December 10, 1986) , an amount of such taxes (or other available funds of 16 I the District equal to_ ,the Interest that becomes due and payable on the Notes on the next succeeding December 15 plus one-half (1/2 ) of t-he principal of the Notes that becomes due and payable on t'_^_e December 15 next succeeding the next June 1-5, and that it will set aside, as soon as possible after the receipt of such taxes that become delinquent after April 10 of each year (commencing with such taxes that become delinquent after April 10, 1987) , an amount of such taxes (or other available funds of the District) equal to the interest that becomes due and payable on the Notes on the next succeeding June IS- plus one-half (1/2 ) of the principal of the lutes t^at *arc-,s .due and payable on the next succeeding t ecer'L-er Such -_axes (or other available funds of the be de v----- -.n - to _ the Controller of the District in a special fund maintained by him which shall be designated the "Midpeninsula Regional Open Space District 1986 Promissory Note Fund" (the "Note Fund" ) . There shall likewise be deposited in the Note Fund any money received on . account of interest accrued on the Notes from their date to the date of delivery thereof and actual payment of the purchase price thereof. The money in the Note Fund shall be used solely for the payment of the interest on and the principal of the Notes, and for this purpose the Controller of the District shall, at least five (5) business days before each interest payment date on the Notes and each principal 17 i maturity date of any of the: Notes, disburse money in the Note Fund to the Paying Agent in .amounts sufficient to make such interest and principal payments; provided, that any money I held by the Paying Agent in trust for the payment and discharge of any '.o tes which remains unclaimed for six years after the date w`_^_e^ such Notes have become due and payable, either at their stated maturity date or by call for redemption prior to maturity, if such money was held by the Paying Agent on such date, or for six years after the date of deposit of such coney if deposited with the Paying Agent after the date when such Notes become due and payable, shall at the re-- zest_ of the District be repaid by the Paying Agent to the District as ?ts absolute property free from trust, and the Paying Agent shall thereupon be released and discharged w_th respect thereto and the registered owners of the Notes shall look only to the District for the payment of such Notes (subject to the e applicable licable statute of limitations All money in the Note Fund shall, pending its disbursement as above rot zded be P deposited or invested as permitted by law so as to obtain the highest st field t g y that the Controller of the s DI trio deems practicable, hating due regard for the safety of such deposits and investments- provided, that all such deposits an d investments nvest P menu shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when the money is required to be disbursed hereunder. All proceeds of such 18 deposits or invest:'ents shall be deposited as and when received in tine Nste Fund. When all the interest on and the principal of the Notes has been paid., any balance of money then remaining in the Note Fund sh-all be used for any lawful District purposes. Section S. For the further protection of the registered owners of the Notes, a fund to be known as the "Midpeninsula Regional Open Space District 1986 Promissory Note Reserve Fund" (the "Reserve Fund" ) shall be established and maintained at the principal office of the Paying Agent in San Francisco, Cal=fcrnia so long g as any Notes are outstanding. Lcn the delivery of and payment for the Notes, the District s^ � _ aside out of the proceeds thereof and deposit in the -Fund the sum of $760, 000 and there -ha' I be maint-ained in the Reserve Fund an amount equal to the lesser of either (1) $760, 000, or (2) the sum of (a) one-half ( 1/2) of the interest on the Notes that becomes due and payable during the year ending on the next succeeding December 15 plus (b) one-half (1/2 ) of the principal of the Notes that becomes due and payable during the year ending on the next succeeding December 15 . The money in the Reserve Fund shall be used solely for the payment of the interest on and the principal of the Notes in the event and to the extent that the District has no other money available therefor, except that ( 1) any money in the Reserve Fund in excess of the balance required to be 19 maintained therein may be withdrawn from the Reserve Fund and used for any lakf�-,' District, purpose, and (2) the money in the Reserve Fund ---ay- be used (together with any other money available for that purpose) for the retirement of all the outstanding Notes. Whenever any withdrawals from the Reserve Fund reduce the balance therein below the balance required to be maintained therein, the Reserve Fund shall be replenished from the first available taxes and revenues of the Distr ict, except that the District shall not P be obligated ated lx to make any n Y payments into the Reserve Fund at any time when the money contained therein and in the Note Fund is at least, equal to the *--rincipa' a~__z^t cf the outstanding Notes plus the interest then due _nd th_rea_`ter to become due thereon. Al ^oney in the Reserve Fund shall, pending its i use, be deposited or invested as directed by the Controller of the District as permitted by law so as to obtain the highest yield that the Controller of the District deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when such money is expected to be withdrawn for use hereunder, and an proceeds thereof sh all be deposited Y P in the Reserve Fund. When all the interest on and the principal of the Notes has been paid, any balance of money then remaining in 20 v the Reserve Fund shal l be used for any lawful District purpose. Section °. The District hereby agrees and covenants that, tn-i1 payment in full of all the interest on and the principal cf the Notes (or provision satisfactory for such. payment shall have been made) , it will: A. Duly and punctually pay or cause to be paid the interest on and the principal of the Notes in accordance with the conditions and terms thereof, and with the conditions and te=^s of this resolution. B- 3- c4r no additional indebtedness or capital lease cbligat'cnv _ a le from taxes received by the District having any priori i in may:-® t of the interest on or the principal of One C. Incur no ad.::itional indebtedness or capital lease obligations payable from taxes received by the District on a parity in payment of the interest on or the principal of the Notes unless it shall have first fil ed wit h th th e Paying Y g Agent a certificate executed by the Treasurer of the District, showing: 1. The taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statement of the District, plus the total subventions in lieu of taxes received by the District from the State of California in suc h fiscal year, less the total debt service paid by the District 21 in such fiscal year on all indebtedness or capital lease Obligations of the District incurred prior to June 6, 1973; 2. 7^_? 4otal debt service payable by the District during its next succeeding fiscal year on all indebtedness or capital lease obligations of the District, including debt service on such additional indebtedness, less the total debt service payable by the District in such fiscal year on all indebtedness or capital lease obligations of the District incurred prior to June 6, 1975; the total defined in subparagraph 1 above is a:: of, the total defined in D. Prepare and adopt a budget for each fiscal year, which budget shall provide as a priority item for the payment of the interest on and the principal of the Notes (together `with all other indebtedness or capital lease obligations of the Dis trict strict incurred subsequent to June 6, 1978) beco ming due g and payable in such fisc al year and for appropriations fully sufficient to make such payments. A copy of each preliminary budget shall be filed with the Paying Agent within twenty (20) days of its adoption and a copy of each final budget shall be filed with the Paying Agent within twenty (20) days of its, adoption. I 22 E. Make no use of proceeds of the Notes which would cause the Votes to be "arbitrage bonds" under Section 103 (c) of the Internal Revenue Code of 1954, as amended (the "Code" ) , or "feder-a'ly_guaranteed obligations" under Section 103 (h) or the Code or obligations described in Section 103(o) of the Code; and, -o that end, so long as any of the Notes are outstanding, comply with all requirements of such sections and the regulations of the United States Department of the Treasury thereunder, to the extent that such regulations are, at the time, applicable and in effect, so that the Notes w-411 rot be "arbitrage. bonds, " "fe,derall y-quara t=ed obligations" or obligations described in Se::-i cn Code. Sectio-- _0_ The Secretary of the Board is directed tc c se the to he preparea. to comply with the provisJ.cr_s hereof, and -o procure their execution by the proper officers of the Board, and to deliver them, when so executed, to the Treasurer of the District, who shall deliver them to the purchaser thereof upon receipt of the purchase price thereof. The President of the Board and the Secretary of the Board are further authorized and directed to make, execute and deliver to the purchaser of the Notes a signature certificate in the form customarily required by purchasers of notes of public districts, certifying to the genuineness and due execution of the Notes, and said Treasurer is hereby authorized and directed to make, execute and deliver to the 23 pU �Purchaser of tiz_ Nees a receipt in the form customarily requ.=_red by purchasers of notes of public districts, evidencing the payment of the purchase price and the delivery Of the Notes, whica receipt shall be conclusive evidence that the Notes have been duly paid for and delivered. The purchaser of the Notes and any subsequent registered owner of the Notes is hereby authorized to rely upon and shall be justified in relying upon any such signature certificate and any such receipt with respect to the Notes issued and delivered pursuant to the authority of this resolution. Section 1'- . The Board hereby determines that the .issuance and de'iy=r: of the Notes is not subject to prior in-'rest=Gati Qr_, re-Pert- and approval by the Distr icts Securities Division of the Office of the California State Tr_as:�rer under- the Districts Securities Investigation Law of 1965,. by reason of the fact that the amount of outstanding indebtedness of the District plus the principal amount of the Notes does not exceed one-quarter (1/4) of two hundred per cent (200%) of the assessed value of the land and improvements within the District, as shown on the last equalized assessment rolls of the County of Santa Clara and the County of San Mateo. The Secretary of the Board is hereby authorized and directed to file a certified copy of this resolution, together with evidence as to the foregoing, with the Districts Securities Division of the Office of the California State Treasurer, with the request that written 24 notice be given to the Sec retary of the Board that the Notes do not appear to be sub 'ect to prior 3 p investigation,g report and approval under the Districts Securities Investigation Law of 1955. Section 12 . The Notes are hereby sold to Stone & Youngberg at a Pr-ive of the principal amount thereof, less a discount of Dollars ($ ) , together with accrued interest thereon from their date to the date of delivery thereof, in accordance wit respect to the Notes, a copy with the Purchase Agreement o£ which is on " e with the Secretary of the Board, and the Pre-silent of `-== =oar is authorized to execute such Purchase Agree:,=nt ,-' _ be^a*1 a£ the District. The Board herebv determines, „- -n= b_sis of evidence presented ,to it, that such- disc= == - ecz-4a_s the underwriter' s spread and reflects an underwriter' s spread wnich is both reasonable and customary under prevailing market conditions. Section 13 . The Board, having been advised by its staff that the Official Statement for the Notes prepared by Stone & Youngberg accurately reflects the financial conditions and other factors relating to the affairs of the District and having carefully reviewed such Official Statement, hereby approves and authorizes distribution by Stone & Youngberg of such Official Statement to potential purchasers of the Notes in the form presented to the Board at this meeting. 25 i Section 14. This, resolution shall take effect from and after its passage and approval. PASSED rl-2�D ADOPTED this llth day of June, 1986, by the fcllowin vote: AYES: Directors NOES: ABSE..T: APPROVED: President of the Board of Directors of Midpeninsula Regional Open Space District I S-A ATTEST: Secretary cf t e Board of Directors of =Iidpeninsula Regional Open Space District I, f I, I i I 26 SECRETARY' S CERTIFICATE Secretary of the Board of D_rectors o� :_Ld__eninsula Regional Open Space District, do hereby certify tt t:e foregoing is a full, true and correct copy of a resol.u.ti:on duly adopted at an adjourned regular meeting of the Board of Directors of said District duly and regularly and legally held at the regular meeting place thereof on the 11t2-1 day of June, 1986, by the affirmative vote of at least two-thirds of the members of said Board, of i which meeting a«l cf the members of said Board had due notice j and =t wh_ch r=et- -q a- least two-thirds thereof were present � and acted; �.. __ -_ -a-d meeting said resolution was, upon motion of Director seconded by Director j =d-=_=_- by the following vote. AYES: Directors NOES: ABSENT: I do hereby further certifythat I have carefully compared the same with the original minutes of said meeting on file and of record in my office, and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and duly entered of record in said minutes, and that said resolution has not been amended, modified or rescinded since .the date of its adoption and the same is now in full force and effect. WIT-NESS my hand this day of June, 1986. Secretary of the Bo of� and Direc tors of M.idpeninsula Regional Open Space District [ SEAL) STONE 8" YOUNGBERG MEMBEPS: PACIFIC STOCK EXCHANGE PURCHASE AGREEMENT RELATING TO $9,500,00.0 Midpeninsula Regional Open Space District 19 86 m 6 Promissory Y ssor Notes dated as of July 1 , 1986 - between STONE AND YOUNGBERG and MT DPENINSIvLA REGIONAL OPEN SPACE DISTRICT ONE CALIFORNIA STREET SAN FRANCISCO,CALIFORNIA 94111 (415)981-1314 I 1986 PROMISSORY NOTES PURCHASE AGREEMENT (the "Purchase Agreement") , dated as of June 11 , 1986, between Stone & Youngberg (the "Underwriter") and Midpeninsula Regional Open Space District (the "District") , a regional open space district duly organized zed and operating ng under the laws of the State of California for the sale and delivery of $9,500,000 aggregate principal amount of 1985 Promissory Notes (the "Notes") . WHEREAS, the Board of Directors (the "Board") , of the District has found and determined that funds in the amount of $9,500,000 are needed by the District for the purpose �ose of im plementing entin g the- District' s plan to acquire necessary and proper lands and facilities for open space purposes of the District (including reimbursing the District for moneys temporarily advanced to acquire such lands and facilities) , all in accordance with the provisions of Article 4, Chapter 3 of Division 5 of the Public Resources Code of the State of California (the "Code") ; and WHEREAS, Section 5544.2 of the Code authorizes the issuance and sale by the District of promissory notes to provide funds for the accomplishment of such purpose, and the Board has determined to issue and sell $9,500,000 principal amount of the Notes under such section to provide funds for the accomplishment of such purpose; and WHEREAS the Board has on this date lawfully approved a resolution providing for the issuance and sale of the Notes (the "Resolution") ; NOW, THEREFORE, in consideration of the premises, the parties hereto do hereby agree as follows : Section 1 . Oblication to Purchase. The Underwriter agrees to purchase and the District agrees to execute and deliver $9,500,000 aggregate principal amount of Notes in the annual principal amount and for the annual coupon interest rates set forth in Exhibit A, incorporated herein by reference, and as described in the Resolution and the Official Statement, dated June 11 , 1 „ 986 relating i e at n t the N o e Note s, including h 9 d g the Appendices thereto (the Official Statement") . The Underwriter shall not be under any obligation under this Purchase Agreement to purchase less than all of the $9,500,000 aggregate principal amount of Notes. Section 2. Purchase Price. The purchase price of the Notes shall be nine million two hundred eighty-six thousand two hundred fifty dollars (59,268,250) , plus accrued interest to the date of delivery thereof. The good faith check in the form of a certified or bank check n c and in an amount of $50,000, which has been tendered herewith to the District, shall be applied in partial payment of the purchase price. In the event that the Underwriter terminates this Purchase Agreement pursuant to Section 7 hereof, the District shall return said good faith check to the Underwriter. In the event the Underwriter fails (other than for a reason permitted hereunder) to accept delivery and pay for the Notes as herein provided, such check shall be retained by the District as and for full liquidated damages for such failure and for any default hereunder on the part -2- I ' , of the Underwriter and, except as set forth in paragraph 8 hereof, neither party hereto shall have any further rights against the other hereunder. Section 3. Delivery of and Payment for the Notes . The Closing shall take place at 10:00 a.m. P.S.T. on July 8, 1986, or at such other time as may be mutually agreeable to the District and the Underwriter, at such place as the foregoing shall mutually agree upon. At the Closing, the District shall deliver the Notes or cause the Notes to be delivered to the Underwriter in definitive form, duly executed, together with the other documents hereinafter mentioned, against delivery of Federal Clearinghouse funds to the order of the District in the amount of $9„286,250 (the underwriter' s good faith) , plus accrued interest. Section 4. The Notes . The Notes shall be delivered under the r v'p o tsions of the .Resolution. The Notes shall be in fully registered form, in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof and shall be made available to the Underwriter for checking in San Francisco, California, at least one business day prior to the Closing. Payments of principal of and interest due on the Notes shall be made in the amounts and on the dates set forth in the Resolution and Official Statement. Section 5. Recresentations and Warranties of the District. The District represents and warrants to the Underwriter that: (1 ) The District is a regional open space district duly created and existing under and by virtue of the laws of the State of California and has all necessary power and authority to enter into and perform its duties under the Resolution and this Purchase Agreement, and, when executed and delivered by the, respective parties thereto, the Resolution and this Purchase Agreement will constitute legal , valid and binding obligations of the District in accordance with their respective terms. (2) The execution and delivery of this Purchase Agreement, the Resolution and compliance with the provisions thereof, will not conflict with, or constitute a breach of or default under, the District' s duties under said documents or any law, administrative regulation, court decree, resolution, charter, bylaws or other agreement to which the Board of Directors of the District is subject to or by which it is bound. (3) Except as may be required under blue sky or other securities laws of any state or under the Resolution, there is no consent, approval , authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the District required for the issuance and sale of the Notes or the consummation by the District of the other transactions contemplated by this Purchase Agreement. (4) To the best knowledge of the District, there is no action, suit, proceeding or investigation at law or in equity before or by any court or governmental agency or body pending or threatened against the District to restrain or enjoin the issuance or delivery of the Notes , or the receipt or setting aside of tax revenues pursuant to the Resolution or in any way -3- contesting or affecting the validity of this Purchase Agreement, the Resolution or contesting the powers of the District to enter into or perform its obligations under any of- the foregoing. (5) The information contained in the Preliminary official Statement dated May 28, 1986, is true and correct in all material respects and such information does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (6) The District agrees to cooperate with the Underwriter in endeavoring to qualify the Notes for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the District will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with any such qualification. Section 6. Conditions Precedent to Closing. Conditions precedent to the Closing (to be satisfied in form and substance satisfactory to Under- writer) are as follows: (1 ) Execution and delivery of the Resolution and this Purchase Agreement in form and substance acceptable to the Underwriter; Orrick, Herrington & Sutcliffe, ("Bond Counsel ") ; and Stanley R. Norton, Esq. , General Counsel to the District ("General Counsel ") . (2) Opinion, dated the date of Closing, of Bond Counsel , with respect to the validity and tax-exempt status of the Notes in the form described in the Official Statement. (3) Opinion, dated the date of Closing, of Bond Counsel that the Notes are exempt from registration under the Secutities Act of 1933, as amended, and the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended. (4) Opinion of Bond Counsel dated the date of Closing as to the due authorization, execution and delivery by the District of the Resolution and this Purchase Agreement and as to the legal , valid and binding nature thereof. (5) Opinion of the District' s General Counsel , dated as oaf the date of Closing, as to the due authorization, execution and delivery by the District of the Resolution and this Purchase Agreement and as to the legal , valid and binding nature thereof. (6) Satisfactory evidence that the Notes have received or will receive a municipal bond credit rating of "A+" from Standard & Poor' s Corporation. (7) A certificate signed by the President of the Board of Directors and the General Manager of the District, to the effect that, based upon their -4- participation in the preparation of the Official Statement, but without undertaking an independent investigation, the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein *or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (9) Such other certificates, instruments or opinions as Bond Counsel may deem necessary or desirable to evidence the due authorization, execution and delivery of documents pertaining to this transaction and the legal , valid and binding nature thereof, as well as compliance with all parties with the terms and conditions hereof. Section 7. Events Permitting the Underwriter to Terminate. The Underwriter may terminate the Underwriter' s obligations to purchase the Notes at any time before Closing if any of the following occurs: (a) Any legislative, executive or regulatory action or any court decision, which, in the judgment of the Underwriter, casts sufficient doubt on the legality of or the tax-exempt status of interest on obligations such as the Notes so as materially to impair the marketability or to materially reduce the market price of such obligations; (b) Any act-1-on by the Securities and Exchange Commission or a court which would require registration of the Notes under the Securities Act of 1933, as amended, in connection with the public offering thereof , or qualification of the Resolution under the 7 1rust-, Indenture Act of 1939, as amended; (c) Any restriction or trading in securities , or any banking moratorium, or the inception or escalation of any war or major military hostilities which, in the judgment of the Underwriter, substantially impairs the ability of the Underwriter to market the Notes; or (d) Any event or condition which, in the judgment of the Underwriter, renders untrue or incorrect, in any material respect as of the time to which the same purports to relate, the information, including the financial statements , contained in the Official Statement, or which requires that information not reflected in such Official Statement should be reflected therein in order to make the statements and information contained therein not misleading in any material respect as of such time. Section 8. Fees and Expenses. The Underwriter shall pay the costs and expenses incurred by it in connection with this financing including advertising and selling expenses , and the fees and disbursements of Counsel to the Underwriter, if any. The District shall pay all other costs in connection with the sale and delivery of the Notes, including the cost of printing or reproducing the Preliminary Official Statement, the Official Statement and the Notes , the fees o= the Paying Agent, rating agency fees, the fees and disbursements of Bond Counsel and the fees disbursements of any other experts or consultants retained by the District. Section 9. Nct cos . Any notices to be given to the Underwriter shall ce given in writing to ==•;ne & Youngberg, One California Street, Suite 2300, S-�n Francisco, Califo,7 = ^^ 94111 . Any notices to be given to the District ';I?ll be given in `xri` - to the Midpeninsula Regional Open Space District, `,'- d Miil Off-ice Ce uilding C Suite 135, 201 San Antonio Circle, "cUntain View, C, i 7—,7 7 1 9400"40, Attention: General Manager. S_c`icn i0 "+c nlTiant. This Purchase Agreement has been made by -�!e District anc the- ..�ar,tiriter, and their successors or assigns and no Gerson other than the foregoing shall acquire or have any right under or by virtue of this Purchase Agreement. All of the representations , warranties and- a:ree.rnents contained in this Purchase Agreement shall survive the delivery of and payment of the Notes and any termination thereof. Section 11 . Acc;iicable Law. This Purchase Agreement shall be Interpreted, i n ,1 ter. - goLerne a.-a e;mrorced in accordance with the laws of the State of California. �, �'-c{,cn '2 c bility. In the event any provision of this Purchase rcr =_mant shalt1 o_ :valid or unenforceable b an c ease }- , �d fticn, sus , -'r Y y court of ccrpetent tall not invalidate F � - a i sate or render . "� - der unenforceable any Jam?-' nrcviSicn Section 13. = ts . the torts of this Purchase Agreement S h all supersede any ,ants between the parties with respect to the STCNE u YOUNGBERG By MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By President of the Board of Directors -6- I RES' ACTION PROPOSED BY STAFF "MITTEN COMMUNICATION Boa resident Acknowledge/Respond leeting 86-15 ,,, ,, THE _ Director Acknowledge/Respond rune 11, 1986 LA W � T _ Staff acknowledge/Respond L �I�/ Draft Response Attached CIFF I _CES _ Staff to be Directed to Prepare Draft ��` Response for Board Consideration per �,.,Jj` Board Directive(-) ROBE RT L/ Other �r- TO L Y Go vN sEL. LOGAN May 27, 1986 i Chairman and Members of the Board Midpeninsula Regional Open Space District Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Re: Loren McQueen v Board of Directors of the Midpeninsula Regional Open Space_Distrigi-, and the kidpeninsula Regional Open Space District Dear Chairman and Members of the Board: Please take notice that Loren McQueen intends to commence an action to set aside the decision of the Midpeninsula Regional for al Open Space District adapting a resolution reaffirming the purchase of real estate and authorizing the Executive Officer to execute a certificate of acceptance of grant to the district, and authorizing the General Manager or Assistant General Manager to execute documents related thereto, with reference to the surplus federal property known as Almaden Air Force Station - Mt. Unumhum and Mt. "Thayer, and the adoption of an interim use and management plan and the filing of a notice of exemption from the requirements from the California Environmental Quality Act (CEQA) on April 25, 1986. This notice is provided pursuant to Public Resources Code §21167 .5. Very truly yours, LAW OFFICES OF ROBERT J. LOG R*rj gan 95 SOUTH MARKET RJL/kl STREET cc: Loren McQueen SUITE SA 1 CALtF"OR DOSE NIA 95113 4082872156 R-86-34 (Meeting 86-15 A" June 11, 1986) IML I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 2 , 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Sale of 1986 Promissory Notes Discussion: At your meeting of May 14 , 1986 you approved an under- writing agreement with Stone and Youngberg (S & Y) and authorized staff to take all actions necessary to arrange the issuance of ten year promissory notes (see report M-86-17 dated May 6 , 1986) . At your meeting of May 28 , 1986 you approved and authorized distribu- tion of the Preliminary Official Statement covering the issuance of $9 .5 million of the 1986 Promissory Notes (see report M-86-58 dated May 22 , 1986) . We received good news on June 3 when Standard and Poors announced that the issue would carry an A+ rating, the same rating enjoyed by our 1985 Notes. S & Y plans to obtain all insurance quotations anJ bond market information needed to price the 1986 Notes by June 9 . On June 10, S & Y will meet with the General Manager and me to set the final proposed terms. Given the terms are favorable, I will present resolutions of issuance and a note purchase agreement at your June 11 Board Meeting. Preliminary copies of the Resolution of Issuance and Note Purchase Agreement are attached. The final version will be available at the meeting. Recommendation: Assuming that the final proposed terms are acceptable to you, I recommend that you take the following actions : 1 . Approve the Resolution Providing for the Issuance and Sale of $9 ,500 ,000 Principal Amount of I'Midpeninsula Regional Open Space District 1986 Promissory Notes" ; 2 . Approve and execute the 1986 Promissory Note Purchase Agreement with Stone and Youngberg. I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PROVIDING FOR THE ISSUANCE AND SALE OF $9, 500, 000 PRINCIPAL AMOUNT OF "MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY NOTES" WHEREAS, this Board of Directors (the "Board" ) of Midpeninsula Regional Open Space District (the "District" ) has found and determined that funds in the amount of $9,500,000 are needed by the District for the purpose of acquiring necessary and proper lands and facilities for open space purposes of the District, all in accordance with the provisions of Article 4 of Chapter 3 of Division 5 of the Public Resources Code of the State of Califor nia (the "Code" ) ; and WHEREAS, Section 5544.2 of the Code authorizes the issuance and sale by the District of promissory notes to provide funds for the accomplishment of such purpose, and the Board has determined to issue and sell $9, 500,000 principal amount of promissory notes under such section to provide funds for the accomplishment of such purpose; and WHEREAS, it is appropriate to adopt this resolution in order to provide the conditions and terms under and pursuant to which such promissory notes shall be issued and sold by the District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District as follows: Section 1. The Board has reviewed all proceedings hereto--':'ore taken relative to the issuance and sale of such promissory notes and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance and sale of such promissory notes have existed, happened and been performed in regular and due time, form and manner as required by law, and the District is now duly authorized to issue and sell such promissory notes and incur an indebtedness under and pursuant to the conditions and terms provided in this resolution. Section 2 . Pursuant to the provisions of Section 5544.2 of the Code and for the purpose hereinabove set forth, the District determines to borrow the principal sum of $9, 500,000 by the issuance and sale as hereinafter provided of $9, 500,000 principal amount of promissory notes to evidence such indebtedness. Such promissory notes shall be known as the "Midpeninsula Regional Open Space District 1986 Promissory Notes" (the "Notes" ) . The Notes shall be 2 issued in fully registered form in the denomination of $5,000 or any integral multiple thereof (not to exceed the principal amount of Notes maturing in any one year) , shall be dated July 1, 1985, and shall mature on the dates and in the principal amounts and shall bear interest at the interest rates per annum as set forth in the following schedule: Principal Maturity Date Interest Amount December 15 Rate $ 710, 000 1987 _ % 880, 000 1988 925, 000 1989 980, 000 1990 1, 045, 000 1991 1, 115, 000 1992 1, 190,000 1993 1,285, 000 1994 1, 370,000 1995 I The Notes maturing on or after December 15, 1992, are subject to optional redemption by the District prior to I their respective maturity dates from any source of funds, upon mailed notice as hereinafter provided, on any interest a me t n date on or after Decembe r er 15 1 Y 991 as a whole, or in part in inverse order of maturityand( by lot within any one maturity) , upon payment of following redemption prices (computed on the principal amount of the Notes or portions thereof called for redemption) together with accrued interest thereon to the redemption date, as follows: 102% if redeemed prior to June 15, 1992; 101-1/2% if redeemed thereafter and prior to June 15, 1993; 3 f 101% if redeemed thereafter and prior to June 15, 1994; 100-1/2% if redeemed thereafter and prior to June 15, 1995; and 100% if redeemed thereafter and prior to maturity. The District shall give mailed notice of redemption of any Notes to the registered owners of the Notes called in whole or in part at least fifteen ( 15) , but not more than thirty (30) , days prior to redemption date; provided, that failure to receive any such notice shall not affect the redemption of such Notes. The Notes shall bear interest from the interest payment date next preceding the date of authentication and registration thereof, unless such date of authentication and r registration is an interest payment date, in which event they shall bear interest from such date, or unless such date of authentication and registration is prior to the first interest payment date, in which event they shall bear interest from July 1, 1986. Such interest shall be on December 15 payable , 1986, and semiannually thereafter on June 15 and December 15 of each year until the maturity or prior redemption of the Notes. Such interest shall be paid by check mailed to the persons whose names appear as the registered owners thereof as of fifteen (15) days prior to each interest payment date on the registration books required to be kept by the principal corporate trust office of First Interstate Bank of California in San Francisco, California (the "Paying Agent" ) by Section 5 4 i of this resolution, i n and the rinci al of the Notes shall be P P payable only on surrender of- the Notes by such registered owners to the Paying Agent at the maturity or prior redemption thereof. Both the interest on and the principal of the Notes shall be payable in lawful money of the United States of America. Section 3 . The Notes and the authentication and registration endorsement and the assignment form to appear thereon shall each be substantially in the following forms, the blanks in said forms to be filled in with appropriate words or figures, namely: 5 I [Form of Note) UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTIES OF SANTA CLARA AND SAN MATEO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY NOTE Interest Maturity Date of Rate Date Issue CUSIP December 15, July 1, 1986 REGISTERED OWNER: PRINCIPAL AMOUNT:. DOLLARS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a regional open space district located in the Counties of Santa Clara and San Mateo, State of California (the "District" ) , hereby acknowledges itself indebted and for value received promises to pay to the registered owner set forth above on the maturity date set forth above (subject to any right of prior redemption hereinafter provided for) the principal sum set forth above, together with interest thereon from the interest payment date next preceding the date of authentication and registration of this Note (unless this Note is authenticated and registered as of an interest payment date, in which event it shall bear interest from that date, or unless this Note is authenticated and registered prior to December 15, 1986, in which event it shall bear interest from July 1, 1986) until payment of said principal sum in full at the interest rate per annum set forth above, payable on December 15, 1986, and semiannually thereafter on June 15 and December 15 of each year. Interest due on or before the maturity or prior redemption of this Note shall be payable only by check mailed to the registered owner hereof as of fifteen (15) days prior to each interest payment date, and the principal hereof shall be payable on the maturity of this Note only upon surrender hereof by the registered owner 6 hereof. Both the interest hereon and the principal hereof are payable in lawful money of the United States of America at the principal corporate trust office of First Interstate Bank of California in San Francisco, California, the Paying Agent of the District. The Notes maturing on or after December 15, 1992, are subject to optional redemption by the District prior to their respective maturity dates from any source of funds, upon mailed notice as hereinafter provided, on any interest payment date on or after December 15, 1991, as a whole, or in part in inverse order of maturity (and by lot within any one maturity) , upon payment of following redemption prices (computed on the principal amount of the Notes or portions thereof called for redemption) together with accrued interest thereon to the redemption date, as follows: 102% if redeemed prior to June 15, 1992 ; 101-1j2;a if redeemed thereafter and prior to June 15, 1993; 101% if redeemed thereafter and prior to June 15, 1994; 100-1j2% if redeemed thereafter and prior to June 15, 1995; and 100% if redeemed thereafter and prior to maturity. The District shall give mailed notice of redemption of any Notes to the registered owners of the Notes called in whole or in part at least fifteen ( 15) , but not more than thirty30 ( ) days prior to redemption date; nrovided, that failure to receive any such notice shall not affect the redemption of such Notes. This Note is one of a duly authorized issue of promissory notes of the District aggregating nine million five hundred thousand dollars ($9, 500,000) in principal amount (the "Notes" ) , all of like tenor and date (except for such variations, if any, as may be required to designate varying numbers, denominations, interest rates or maturities) , and is authorized to be issued under and pursuant to the conditions and terms of Resolution No. of the Board of Directors of the District (the "Resolution" ) duly and regularly passed and adopted on June 11, 1986, under and by authority of Section 5544.2 of the Public Resources Code of the State of California, and is issued to provide funds for acquiring necessary and proper lands and facilities for open space purposes of the District. 7 This Note is transferable by the registered owner hereof, in person or by his duly authorized attorney, at the above-mentioned office of the Paying Agent, upon surrender of this Note for cancellation accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent, and thereupon a new Note or Notes of authorized denominations for a like aggregate principal amount and of the same maturity date will be issued to the transferee in exchange therefor, in the manner, subject to the conditions and terms and upon payment of the charges provided in the Resolution. The District and the Paying Agent may deem and treat the registered owner of this Note as the absolute owner hereof for the purpose of receiving payment hereof and for all other purposes, and neither the District nor the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and the principal of this Note shall be made only to such registered owner, which payment shall be valid and effectual to satisfy and discharge liability on this Note to the extent of the sum or sums so paid. The Notes are authorized to be issued in the form of fully registered Notes in the denomination of $5, 000 or any integral multiple thereof (not exceeding the principal amount of Notes maturing in any one year) . Subject to the conditions and terms and upon payment of the charges provided irr the Resolution, the Notes may be exchanged at the above-mentioned office of the Paying Agent for the same principal amount of Notes of the same maturity date of any other authorized denominations. This Note shall not be entitled to any benefits under the Resolution or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been signed by the Paying Agent. It is hereby certified, recited and declared that this Note is issued in strict conformity with the Constitution and laws of the State of California now in force and with the proceedings of the Board of Directors of the District authorizing the same, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been performed in regular and due time, form and manner as required by law, and that this Note, together with all indebtedness and obligations of the District, does not exceed any limit prescribed by the Constitution or statutes of the State of California or by the Resolution, and that the interest on and the principal of this Note is payable from limited ad valorem property taxes levied upon all taxable property within the 8 District by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the District under applicable law. IN WITNESS WHEREOF, the District has caused this Note to be signed by the facsimile signature of the President of its Board of Directors and attested by the facsimile signature of the Secretary of its Board of Directors, and has caused the seal of the District to be imprinted hereon, and has caused this Note to be dated July 1, 1986. President of the Board of Directors of Midpeninsula Regional Open Space District [SEAL Attest: Secretary of the Board of Directors of Midpeninsula Regional Open Space District I 9 [Form of Paying Agent' s Certificate of Authentication and Registration] This is one of the Notes described in the within-mentioned Resolution which has been authenticated and registered on FIRST INTERSTATE BANK OF CALIFORNIA, as Paying Agent By Authorized Officer [ Form of Assignment] For value received the undersigned do(es) hereby sell, assign and transfer unto the within Note and do(es) hereby irrevocably constitute and appoint attorney to transfer the same on the register of the Paying Agent, with full power of substitution in the premises. Dated: NOTE: The signature( s) to this Assignment must correspond with the name( s) as written on the face of the within Note in every particular, without alteration or enlargement or any change whatsoever, and the signature( s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. 10 i Section 4. The President of the Board is hereby authorized and directed to execute each of the Notes by his facsimile signature, and the Secretary of the Board is hereby authorized and directed to attest such execution of the Notes by his facsimile signature, and to imprint the seal of the District thereon, which such signing, attesting and sealing as herein provided shall be a sufficient and binding execution of the Notes by the District. If either officer of the Board whose signature appears on any Note ceases to be such officer before the delivery of the Notes to the purchaser thereof, the signature of such officer appearing on the Notes shall be valid and sufficient for all purposes to the same extent as if such officer had remained in office i until such delivery of the Notes. Only such of the Notes as shall ;Dear thereon a certificate of authentication and registration in the form hereinabove set forth, executed and dated by the Paying Agent, shall be entitled to any benefits hereunder or be valid or obligatory for any purpose, and such certificate shall be conclusive evidence that the Notes so authenticated and registered have been duly authorized, executed, issued and delivered hereunder and are entitled to the benefits hereof. Section 5. First Interstate Bank of California at its principal corporate trust office in San Francisco, California, is hereby appointed Paying Agent of the District for the purpose of receiving all money which the District is 11 i required to deposit with the Paying Agent hereunder and for the purpose of paying the interest on and the principal of the Notes. The District may at any time in its sole discretion remove the Paying Agent initially appointed and any successor thereto and may appoint a successor or successors thereto by an instrument in writing; provided, that the District agrees that it will at all times maintain a Paying Agent having a principal corporate trust office in San Francisco, California. The Paying Agent is hereby authorized to pay the interest on the Notes due on or before the maturity thereof to the registered owners thereof as their names appear as of fifteen (15) days prior to each interest payment date on the registration books required to be kept by it pursuant to this section as the registered owners thereof, such interest to be paid by check mailed to such registered owners at their addresses appearing on such books or at such other addresses as they may have filed with the Paying Agent for that purpose, and to pay to such registered owners the principal of the Notes upon presentation and surrender of the Notes to the Paying Agent at the maturity thereof. The District shall from time to time, subject to any agreement between the District and the Paying Agent then in force, pay the Paying Agent compensation for its services, reimburse the Paying Agent for all its advances and expenditures, including but not limited to advances to and fees and expenses of independent accountants, counsel and 12 engineers or other experts employed by it in the exercise and performance of its rights and obligations hereunder, and indemnify and save the Paying Agent harmless against liabilities not arising from its own gross negligence or willful misconduct which it may incur in the exercise and performance of its rights and obligations hereunder. The recitals of facts, agreements and covenants contained herein and in the Notes shall be taken as statements agreements _ an d covenants of the District, and the Paying Agent does not assume any responsibility for the correctness of the same and does not make any representation as to the sufficiency or validity hereof or of the Notes, and shall not incur any responsibility in respect thereof other than in connection with the rights and obligations assigned to or imposed upon it herein or in the Notes, and shall not be liable in connection with the performance of its duties hereunder except for its own gross negligence or willful misconduct. The Paying Agent will keep at its office sufficient books for the registration, transfer and exchange of the Notes, which books shall at all times be open to inspection by the District. Upon presentation for such purpose the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or exchange the Notes on such books as hereinafter provided. Any Note may be transferred on such books by the registered owner thereof, in person or by his duly authorized 13 I attorney, upon p on payment yment by the person requesting such transfer of such charge as the Paying' Agent shall deem reasonable (but not exceeding twenty dollars ($20.00') for each new Note authenticated and delivered upon any such transfer) and also upon payment of any tax or other governmental charge required to be paid with respect to such transfer and upon surrender of such Note for cancellation accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Note or Notes shall be surrendered for transfer, the District shall execute and the Paying Agent shall authenticate and deliver a new Note or Notes of authorized denominations for a like aggregate principal amount of the same maturity date. The District and the Paying Agent may deem and treat the registered owner of any Note as the absolute owner of such Note for the purpose of receiving payment thereof as above provided and for all other purposes, whether such Note shall be overdue or not, and neither the District nor the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and the principal of such Note shall be made only to such registered owner as above provided, which payment shall be valid and effectual to satisfy and discharge liability on such Note to the extent of the sum or sums so paid. The Notes may be exchanged on such books by the i registered owners thereof for a like aggregate principal 14 i amount of Notes of the same maturity date of other authorized denominations, upon payment by the person requesting such exchange of such charge as the Paying Agent shall deem reasonable (but not exceeding twenty dollars ($20.00) for each new Note authenticated and delivered upon any such exchange) and also upon payment of any tax or other governmental charge required to be paid with respect to such exchange. Section 6. The proceeds of sale of the Notes (except accrued interest received on such sale) shall be deposited with the Controller of the District in a special fund maintained by him which shall be designated the "Midpeninsula Regional Open Space District 1986 Promissory f Note Acquisition Fund" (the "Acquisition Fund" ) . All 'money in the Acquisition Fund shall be withdrawn therefrom only upon the order of the Board or pursuant to its directions, and shall be expended exclusively for the purpose for which the Notes were authorized to be issued. All money in the Acquisition Fund shall, pending expenditure, be deposited or invested as permitted by law so as to obtain the highest yield that the Controller of the District deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when the money so deposited or invested is expected to be expended 15 hereunder. All proceeds of such deposits or investments shall be deposited as and when received in the Acquisition Fund. When the purpose for which the Notes were authorized to be issued has been accomplished, any balance of money then remaining in the Acquisition Fund shall be transferred to the Note Fund referred to in Section 7 hereof. Section 7 . For the purpose of paying the interest on and the principal of the Notes, until the interest on and the principal of the Notes are paid in full or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of the interest on and the principal of the Notes as they become due, the District shall annually set aside a portion of the limited ad valorem taxes levied upon all taxable property within the District by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to the District under applicable law, sufficient to pay such interest and principal that will become due before the proceeds of a tax levied at the next general tax levy will be available for such purpose. In order to implement this provision, the District agrees that it will set aside, as soon as possible after the receipt of such taxes that become delinquent after December 10 of each year (commencing with such taxes that become delinquent after December 10, 1986) , an amount of such taxes (or other available funds of 16 the District) equal to the interest that becomes due and payable on the Notes on the next succeeding December 15 plus one-half ( 1/2 ) of the principal of the Notes that becomes due and payable on the December 15 next succeeding the next June 15, and that it will set aside, as soon as possible after the receipt of such taxes that become delinquent after April 10 of each year (commencing with such taxes that become delinquent after April 10, 1987) , an amount of such taxes (or other available funds of the District) equal to the interest that becomes due and payable on the Notes on the next succeeding June 15 plus one-half (1/2 ) of the principal of the Notes that becomes due and payable on the next succeeding December 15 . p Such taxes (or other available funds of the District) shall be deposited by the Controller of the District in a special fund maintained by him which shall be designated the "Midpeninsula Regional Open Space District 1986 Promissory Note Fund" (the "Note Fund" ) . There shall likewise be deposited in the Note Fund any money received on , account of interest accrued on the Notes from their date to the date of delivery thereof and actual payment of the purchase price thereof. The money in the Note Fund shall be used solely for the payment of the interest on and the principal of the Notes, and for this purpose the Controller of the District shall, at least five (5) business days before each interest payment date on the Notes and each principal 17 I maturity date of any of the' Notes, disburse money in the Note Fund to the Paying Agent in ,amounts sufficient to make such interest and principal payments; provided, that any money held by the Paying Agent in trust for the payment and II discharge of any Notes which remains unclaimed for six years after the date when such Notes have become due and payable, either at their stated maturity date or by call for redemption prior to maturity, if such money was held by the Paying Agent on such date, or for six years after the date of deposit of such money if deposited with the Paying Agent after the date when such Notes become due and payable, shall at the request of the District be repaid by the Paying Agent to the District as its absolute property free from trust, and the Paying Agent shall thereupon be released and discharged with respect thereto and the registered owners of the Notes shall look only to the District for the payment of such Notes ( subject to the applicable statute of limitations) . All money in the Note Fund shall, pending its disbursement as above provided, be deposited or invested as permitted by law so as to obtain the highest yield that the Controller of the District deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when the money is required to be disbursed hereunder. All proceeds of such 18 deposits or investments shall be deposited as and when received in the Note Fund. When all the interest on and the principal of the Notes has been paid, any balance of money then remaining in the Note Fund shall be used for any lawful District purposes. Section S. For the further protection of the registered owners of the Notes, a fund to be known as the "Midpeninsula Regional Open Space District 1986 Promissory Note Reserve Fund" (the "Reserve Fund" ) shall be established and maintained at the principal office of the Paying Agent in San Francisco, California, so long as any Notes are outstanding. Upon the delivery of and payment for the Notes, the District shall set aside out of the proceeds thereof and deposit in the Reser-ve Fund the sum of $760, 000, and . thereafter there shall be maintained in the Reserve Fund an amount equal to the lesser of either (1 ) $760, 000, or (2) the sum of (a) one-half ( 1/2 ) of the interest on the Notes that becomes due and payable during the year ending on the next succeeding December 15 plus (b) one-half (1/2 ) of the principal of the Notes that becomes due and payable during the year ending on the next succeeding December 15 . The money in the Reserve Fund shall be used solely for the payment of the interest on and the principal of the Notes in the event and to the extent that the District has no other money available therefor, except that (1) any money in the Reserve Fund in excess of the balance required to be 19 maintained therein may be withdrawn from the Reserve Fund and used for any lawful District. purpose, and (2) the money in the Reserve Fund may be used (together with any other money available for that purpose) for the retirement of all the outstanding Notes. Whenever any withdrawals from the Reserve Fund reduce the balance therein below the balance required to be maintained therein, the Reserve Fund shall be replenished from the first available taxes and revenues of the District, except that the District shall not be obligated to make any payments into the Reserve Fund at any time when the money contained therein and in the Note Fund is at least equal to the principal amount of the outstanding Notes plus the interest then due and thereafter to become due thereon. All money in the Reserve Fund shall, pending its use, be deposited or invested as directed by the Controller of the District as permitted by law so as to obtain the highest yield that the Controller of the District deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when such money is expected to be withdrawn for use hereunder, and any proceeds thereof shall be deposited in the Reserve Fund. When all the interest on and the principal of the i i Notes has been paid, any balance of money then remaining in 20 the Reserve Fund shall be used for any lawful District purpose. Section 9. The District hereby agrees and covenants that, until payment in full of all the interest on I� and the principal of the Notes (or provision satisfactory for such payment shall have been made) , it Ym } , will : A. Duly and punctually pay or cause to be paid I the interest on and the principal of the Notes in accordance with the conditions and terms thereof, and with the conditions and terms of this resolution. B. Incur no additional indebtedness or capital lease obligations payable from taxes received by the District having any priority in payment of the interest on or the 'a principal of the Notes. C. Incur no additional indebtedness or capital lease obligations payable from taxes received by the District on a parity in payment of the interest on or the principal of the Notes unless it shall have first filed with the Paying Agent a certificate executed by the Treasurer of the District, showing: 1. The taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statement of the District, plus the total subventions in lieu of taxes received by the District from the State of California in such fiscal year, less the total debt service paid by the District 21 in such fiscal year on all indebtedness or capital lease obligations of the District incurred prior to June 6, 1978; 2 . The total debt service payable by the District during its next succeeding fiscal year on all indebtedness or capital lease obligations of the District, including debt service on such additional indebtedness, less the total debt service payable by the District in such fiscal year on all indebtedness or capital lease obligations of the District incurred prior to June 6, 1978; 3 . That the total defined in subparagraph I above is at least. 115% of the total defined in subparagraph 2 above. D. Prepare and adopt a budget for each fiscal year, which budget shall provide as a priority item for the payment of the interest on and the principal of the Notes (together with all other indebtedness or capital lease obligations of the District incurred subsequent to June 6, 1978) becoming due and payable in such fiscal year and for appropriations fully sufficient to make such payments. A copy of each preliminary budget shall be filed with the Paying Agent within twenty (20) days of its adoption and a copy of each final budget shall be filed with the Paying Agent within twenty (20) days of its. adoption. 22 E. Make no use of proceeds of the Notes which would cause the Notes to be "arbitrage bonds" under Section 103 (c) of the Internal Revenue Code of 1954, as amended (the i "Code" ) , or "federally-guaranteed obligations" under Section 103 (h) of the Code or obligations described in Section 103(o) of the Code; and, to that end, so long as any of the Notes are outstanding, comply with all requirements of such sections and the regulations of the United States Department of the Treasury thereunder, to the extent that such regulations are, at the time, applicable and in effect, so that the Notes will not be "arbitrage bonds, " "federally-guaranteed obligations" or obligations described in Section 103 (o) of the Code. Section 10. The Secretary of the Board is directed to cause the Notes to be to co prepared mply with the provisions hereof, and to procure their execution by the proper officers of the Board, and to deliver them, when so executed, to the Treasurer of the District, who shall deliver , them to the purchaser thereof upon receipt of the purchase price thereof. The President of the Board and the Secretary of the Board are further authorized and directed to make, execute and deliver to the purchaser of the Notes a signature certificate in the form customarily required by purchasers of notes of public districts, certifying to the genuineness and due execution of the Notes, and said Treasurer is hereby authorized and directed to make, execute and deliver to the 23 purchaser of the Notes a receipt in the form customarily required by purchasers of notes of public districts, evidencing the pay.-.ient of the purchase price and the delivery of the Notes, which receipt shall be conclusive evidence that the Notes have been duly paid for and delivered. The purchaser of the Notes and any subsequent registered owner of the Notes is hereby authorized to rely upon and shall be justified in relying upon any such signature certificate and any such receipt with respect to the Notes issued and delivered pursuant to the authority of this resolution. Section 11 . The Board hereby determines that the issuance and delivery of the Notes is not subject to prior investigation, report and approval by the Districts Securities Division of the Office of the California State Treasurer under the Districts Securities Investigation Law of 1965,. by reason of the fact that the amount of outstanding indebtedness of the District plus the principal amount of the Notes does not exceed one-quarter (1/4) of two hundred per cent (200%) of the assessed value of the land and improvements within the District, as shown on the last equalized assessment rolls of the County of Santa Clara and the County of San Mateo. The Secretary of the Board is hereby authorized and directed to file a certified copy of this resolution, together with evidence as to the foregoing, with the Districts Securities Division of the Office of the California State Treasurer, with the request that written 24 notice be given to the Secretary of the Board that the Notes do not appear to be subject to prior investigation, report and approval under the Districts Securities Investigation Law of 1965. Section 12 . The Notes are hereby sold to Stone & Youngberg at a price of the principal amount thereof, less a discount of Dollars ($ ) , together with accrued interest thereon from their date to the date of delivery thereof, in accordance with the Purchase Agreement with respect to the Notes, a copy of which is on file with the Secretary of the Board, and the President of the Board is authorized to execute such Purchase Agreement for and on behalf of the District. The Board hereby determines, on the basis of evidence presented �to it, that such discount equals the underwriter' s spread and reflects an underwriter' s spread which is both reasonable and customary under prevailing market conditions. Section 13 . The Board, having been advised by its staff that the Official Statement for the Notes prepared by Stone & Youngberg accurately reflects the financial conditions and other factors relating to the affairs of the District and having carefully reviewed such Official Statement, hereby approves and authorizes distribution by Stone & Youngberg of such Official Statement to potential purchasers of the Notes in the form presented to the Board at this meeting. 25 Section 14. This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this llth day of June, 1986, by the following vote: AYES: Directors NOES: ABSENT: APPROVED: President of the Board of Directors of Midpeninsula Regional Open Space District [ SEAL] ATTEST: Secretary of the Board of Directors of Midpeninsula Regional Open Space District 26 SECRETARY' S CERTIFICATE I , , Secretary of the Board of Directors of Midpeninsula Regional Open Space District, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at an adjourned regular meeting of the Board of Directors of said District duly and regularly and legally held at the regular meeting place thereof on the 1114h day of June, 1986, by the affirmative vote of at least two-thirds of the members of said Board, of which meeting all of the members of said Board had due notice and at which meeting at least two-thirds thereof were present and acted; that at said meeting said resolution was, upon motion of Director seconded by Director adopted by the following vote: AYES: Directors NOES: ABSENT: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office, and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and duly entered of record in said i minutes, and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. WITNESS my hand this day of June, 1986. Secretaryof t Board he B rd of Directors of Midpeninsula Regional Open Space District [ SEAL] I ... . ...... Distributed on June 13 , 1986 at the continued ' ilar Meeting of June 11, 1986 . Incoi rated into Resolution adopting the $9 . 5 million note issue . EXHIBIT A MATURITY SCHEDULE Maturity Principal December 15 Amount Interest Rate 1987 $ 710,000 5.00% 1983 880,000 5.50 1989 925,000 6.00 1990 980,000 6.25 1991 1 ,045,000 6.50 1992 1 ,115,000 6.75 1993 1 ,190,000 7.00 1994 1 ,285,000 7. 10 1995 1 ,370,000 7.20 unu2� Ck �JV Lam' ,w . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 16, 1986 TO: Board of Directors FROM: J. Fiddes , District Clerk SUBJECT: Purchase Agreement Relating to Note Issue Mike requested that I send all the Board members a copy of the attached Purchase Agreement for our new note issue . cc: H. Grench M. Foster PURCHASE AGREEMENT RELATING TO $9,500,000 Midpeninsula Regional Open Space District 1986 Promissory Notes dated as of July 1 , 1986 between STONE AND YOUNGBERG and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY NOTES PURCHASE AGREEMENT (the "Purchase Agreement") , dated as of- June 11 , 1986, between Stone & Youngberg (the "Underwriter") and Midpeninsula Regional Open Space District (the "District"), a regional open space district duly organized and operating under the laws of the State of California, 'for the sale and delivery of $9,500,000 aggregate principal amount of 1986 Promissory Notes (the "Notes"). WHEREAS, the Board of Directors (the "Board") , of the District has found and determined that funds in the amount of $9,500,000 are needed by the District for the purpose of implementing the District's plan to acquire necessary and proper lands and facilities for open space purposes of the District (including reimbursing the District for moneys temporarily advanced to acquire such lands and facilities) , all in accordance with the provisions of Article 4, Chapter 3 of Division 5 of the Public Resources Code of the State of California (the "Code") ; and WHEREAS, Section 5544.2 of the Code authorizes the issuance and sale by the District of promissory notes to provide funds for the accomplishment of such purpose, and the Board has determined to issue and sell $9,500,000 principal amount of the Notes under such section to provide funds for the accomplishment of such purpose; and WHEREAS the Board has on this date lawfully approved a resolution providing for the issuance and sale of the Notes (the "Resolution"); NOW, THERE;ORE, in consideration of the premises, the parties hereto do hereby agree as follows: Section 1 . Obligation to Purchase. The Underwriter agrees to purchase and the District agrees to execute and deliver $9,500,000 aggregate principal amount of Notes in the annual principal amount and for the annual interest rates set forth in Exhibit A, incorporated herein by reference, and as described in the Resolution and the Official Statement, dated June 11 , 1986, relating to the Notes, including the Appendices thereto (the "Official Statement") . The Underwriter shall not be under any obligation under this Purchase Agreement to purchase less than all of the $9,500,000 aggregate principal amount of Notes. Section 2. Purchase Price. The purchase price of the Notes shall be nine million two hundred ninety-one thousand dollars ($9,291 ,000) , plus accrued interest from July 1 , 1986 to the date of delivery thereof. The good faith check in the form of a certified or cashier's check and in an amount of $50,000, which has been tendered herewith to the District, shall be returned to the Underwriter upon the payent of the purchase price of the Notes to the District. In the event that the Underwriter terminates this Purchase Agreement pursuant to Section 7 hereof, the District shall return said good faith check to the Underwriter. In the event the Underwriter fails (other than for a reason permitted hereunder)p ed to accept delivery and pay for -1- the Notes as herein provided, such ;check shall be retained by the District as and for full liquidated damages for such failure and for any default hereunder on the part of the Underwriter and, except as set forth in paragraph 8 hereof, neither party hereto shall have any -further rights against the other hereunder. Section 3. Delivery of and Payment for the Notes. The Closing shall take place at 10:00 a.m. P.S.T. on July 8, 1986, or at such other time as may be mutually agreeable to the District and the Underwriter, at such place as the foregoing shall mutually agree upon. At the Closing, the District shall deliver the Notes or cause the Notes to be delivere d to the Underwriter in definitive fo rm, duly executed, together with the other documents hereinafter mentioned, e tinned against delivery g of Federal Clearinghouse funds to the order of the District in the amount of the purchase price. Section 4. The Notes. The Notes shall be delivered under the provisions of the Resolution. The Notes shall be in fully registered form, in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof and shall be made available to the Underwriter for checking in San Francisco, California, at least one business day prior to the Closing. Payments of principal of and interest due on the Notes shall be made in the amounts and on the dates set forth in the Resolution and Official Statement. Section 5. Reeresentations and Warranties of the District. The District represents and warrants to the Underwriter that: (1) The District is a regional open space district duly created and existing under and by virtue cf the laws of the State of California and has all necessary power and authority to enter into and perform its duties under the Resolution and this Purchase Agreement, and, when executed and delivered by the respective parties thereto, the Resolution and this Purchase Agreement will constitute legal , valid and binding obligations of the District in accordance with their respective terms . (2) The execution and delivery of this Purchase Agreement, the Resolution and compliance with the provisions thereof, will not conflict with, or constitute a breach of or default under, the District's duties under said documents or any law, administrative regulation, court decree, resolution, charter, bylaws or other agreement to which the Board of Directors of the District is subject to or by which it is bound. (3) Except as may be required under blue sky or other securities laws of any state or under the Resolution, there is no consent, approval , authorization or other order of, or filing with, or certification by, any regulatory authority having jurisdiction over the District required for the issuance and sale of the Notes or the consummation by t the District of th e other transactions contemplated by this Purchase Agreement. (4) To the best knowledge of the District, there is no action, suit, r poceedin g or investigation at law or in equity before or by any court or governmental agency or body pending or threatened against the District to -2- restrain or enjoin the issuance or delivery of the Notes, or the receipt or setting aside of tax revenues pursuant to the Resolution or in any way contesting or affecting the validity of this Purchase Agreement, the Resolution or contesting the powers .of the District to enter into or perform its obligations under any of the foregoing. (5) The information contained in the Preliminary Official Statement dated May 28, 1986, is true and correct in all material respects and such information does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (6) The District agrees to cooperate with the Underwriter in endeavoring to qualify the Notes for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the District will not be required to execute a special or general consent to service of process or qualify as a foreign corporation in connection with any such qualification. Section 6. Conditions Precedent to Closing. Conditions precedent to the Closing (to be satisfied in form and substance satisfactory to Under- writer) are as follows: (1) Execution and delivery of the Resolution and this Purchase Agreement in form and substance accep4aZle to the Underwriter; Orrick, Herrington & Sutcliffe, ("Bond Counsel ") ; a^d Stanley R. Norton, Esq. , General Counsel to the District ("General Coaunsel") . (2) Opinion, dated the date of Closing, of Bond Counsel , with respect to the validity and tax-exempt status of the Notes in the form described in the Official Statement. (3) Opinion, dated the date of Closing, of Bond Counsel that the Notes are exempt from registration under the Securities Act of 1933, as amended, and the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended. (4) Opinion of Bond Counsel dated the date of Closing as to the due authorization, execution and delivery by the District of the Resolution and this Purchase Agreement and as to the legal , valid and binding nature thereof. (5) Opinion of the District' s General Counsel , dated as of the date of Closing, as to the due authorization, execution and delivery by the District of the Resolution and this Purchase Agreement and as to the legal , val.id and binding nature thereof. (6) Satisfactory evidence that the Notes have received or will receive a municipal bond credit rating of "A+" from Standard & Poor's Corporation. -3- I (7) A certificate signed by the President of the Board of Directors and the General Manager of the Districi:, to the effect that, based upon their participation in the preparation of the Official Statement, but without undertakingan independent investigation,p t gction, the Official Statement does not contain any un true statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (9) Such other certificates, instruments or opinions as Bond Counsel may deem necessary or desirable to evidence the due authorization, execution and delivery of documents pertaining to this transaction and the legal , valid and binding nature thereof, as well as compliance with all parties with the terms and conditions hereof. Section 7. Events Permitting -the Underwriter to Terminate. The Underwriter may terminate the Underwriter's obligations to purchase the Notes at any time before Closing if any of the following occurs: (a) Any legislative, executive or regulatory action or any court decision, which, in the judgment of the Underwriter, casts sufficient doubt on the legality of or the tax-exempt status of interest on obligations such as the Notes so as materially to impair the marketability or to materially reduce the market price of such obligations; (b) Any action by the Securities and Exchange Commission f or a court which would require registration of the Notes under the Securities Act of 1933, as amended, in connection with the public offering thereof, or qualification of the Resolution under the Trust Indenture Act of 1939, as amended; (c) Any restriction or trading in securities, or any banking moratorium, or the inception or escalation of any war or major military hostilities which, in the judgment of the Underwriter, substantially impairs the ability of the Underwriter to market the Notes; or (d) Any event or condition which, in the judgment of the Underwriter, renders untrue or incorrect, in any material respect as of the time to which the same purports to relate, the information, including the financial statements, contained in the Official Statement, or which requires that information not reflected in such Official Statement h s ould be reflected therein in order to make the statements and information contained therein not misleading in any material respect as of such time. Section 8. Fees and Expenses. The Underwriter shall pay the costs and expenses incurred b it in connection with this financing Y a cin including g advertising and selling expenses , and the fees and disbursements of Counsel to the Underwriter, if any. -4- The District shall pay all other costs in connection with the sale and deliver of the Notes, including ote nc udin the e cos t of prin ting tan or re producing roducin . P 9 P g the Preliminary Official .Statement, the Official Statement and the Notes, the fees of the Paying Agent, rating agency fees, the fees and disbursements of Bond Counsel and the fees and disbursements of any other experts or consultants retained by the District. ,Section 9. Notices. Any notices to be given. to the Underwriter shall be given in writing to Stone & Youngberg, One California Street, Suite 2800, San Francisco, California 91111 . Any notices to be given to the District shall be given in writing to the Midpeninsula Regional Open Space District, Old Mill Office Center, Building C, Suite 135, 201 San Antonio Circle, Mountain View, California 94040, Attention: General Manager. Section 10. No Assignment. This Purchase Agreement has been made by the District and the Underwriter, and their successors or assigns and no person other than the foregoing shall acquire or have any right under or by virtue of this Purchase Agreement. All of the representations, warranties and agreements contained in this Purchase Agreement shall survive the delivery of and payment of the Notes and any termination thereof. Section 11 . Apo0 icable Law. This Purchase Agreement shall be interpreted, governed and enforced in accordance with the laws of the State of California. Section 12. Sev_ra 11ty. In the event any provision of this Purchase Agreement shall be rel;; invaiid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision herev;_ Section 13. Prior Acireements. The terms of this Purchase Agreement shall supercede any prior agreements between the parties with respect to the Notes. STONE & YOUNGBERG BY !' , MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By President of the Board Directors l03231 i -5- EXHIBIT A MATURITY SCHEDULE Maturity Principal December 15 Amount Interest Rate 1987 $ 710,000 5.00% 1988 880,000 5.50 li 1989 925,000 6.00 1990 980,000 6.25 1991 1 ,045,000 6.50 1992 1 ,115,000 6.75 1993 1 ,190,000 7.00 1994 1 ,285,000 7.10 1995 1 ,370,000 7.20 -6- R-86-35 (Meeting 86-15 AA. Noe June 11, 1986) ODOM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 2, 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Agreement with Note Paying Agent for 1986 Promissory Notes Discussion: If the Board approves the sale of 1986 Promissory Notes , then it must also adopt a resolution approving an agreement with a note paying agent. The duties of the Paying Agent are to make all payments on the notes and to hold the $760, 000 reserve fund. Invest- ment of monies in the reserve fund will be under my direction. First Interstate Bank is the Paying Agent on the $14. 6 million of notes issued in 1977, 1982, and 1985 , in addition to being the District' s bank. First Interstate provides good service to the District and should, in my opinion, be designated as Paying Agent for the 1986 Notes. The proposed fees appear to be reasonable and competitive. Recommendation: Assuming that the 1986 Promissory Notes are to be issued I recommend that you take the following actions 1. Approve the Resolution Approving, Authorizing and Directing the Execution of an Agreement with First Interstate Bank of California. 2. Approve and execute the Agreement with First Interstate Bank. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH FIRST INTERSTATE BANK OF CALIFORNIA WHEREAS, this Board of Directors (the "Board") of Midpeninsula Regional Open Space District (the "District" ) has provided for the issuance and sale of $9, 500, 000 principal amount of Midpeninsula Regional Open Space District 1986 Promissory Notes; and WHEREAS, in connection with the issuance and sale of such promissory notes the Board desires to use the services of an experienced bank as the paying agent, registrar and transfer agent for said notes; and WHEREAS, First Interstate Bank of California (the "Bank" ) has such experience and has proposed to perform such services on the terms and conditions set forth in the proposed contract attached hereto, labeled Exhibit A and incorporated herein (the "Contract" ) ; and WHEREAS, the Board approves the terms of the Contract; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Midpeninsula Regional Open Space District as follows: r Section 1. The Contract between the District and i the Bank is hereby approved and the General Manager of the District is hereby authorized and directed 'to execute the Contract on behalf of the District. Section 2 . This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this llth day of June, 1986, by the following vote: AYES: Directors NOES: ABSENT APPROVED: President of the Board of Directors of Midpeninsula Regional Open Space District [SEAL] ATTEST: Secretary of the Board of Directors of Midpeninsula Regional Open Space District 2 SECRETARY' S CERTIFICATE i I , Secretary of the Board of Directors of Midpeninsula Regional Open Space District, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at an adjourned regular meeting of the Board of Directors of said District duly and regularly and legally held at the regular meeting place thereof on the llth day of June, 1986, the affirmative vote of at least two-thirds of the members of said Board, of which meeting all of the members of said Board had due notice and at which meeting at least two-thirds thereof were present and aced, that at said meeting , upon said resolution was u motion _ I of Director seconded by Director f —� adopted by the following vote: AYES: Directors NOES: ABSENT: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office, and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and duly entered of record in said minutes, and that said resolution has not been amended, i t modified or rescinded since the date of its adoption and the same is now in full force and effect. i WITNESS my hand this day of June, 1986. Secretary of the Board of Directors of Midpeninsula Regional Open Space District I [SEAL] I I i i AGREEMENT TO PROVIDE REGISTRAR AND PAYING AGENCY SERVICES ,FOR FULLY REGISTERED MUNICIPAL BONDS This Agreement has been entered into by and between Midpeninsula Regional Open Space District (Issuer) and First Interstate Ban k of California (Bank) . Issuer has authorized the issuance of $ 9,500 000 principal amount of fully registered bonds. Issuer, by resolution, has appointed Bank to act as Registrar and Paying Agent for the Bonds. This Agreement sets out the terms and conditions of said appointment. Issuer and Bank agree as follows: 1. Bank as Registrar will (a) issue and deliver Bonds on original issue at the written direction of Issuer. 2. Bank as Registrar will manually countersign all Bonds issued. _3. Bank as Registrar will maintain records as to the identity of the registered holders of the Bonds. 4 . Bank as Registrar will effect transfers of registered ownership of Bonds upon surrender of validly issued Bonds to Bank accompanied by such instruments of transfer and other documents as Bank may require. 5. Bank as Registrar will maintain in safekeeping an inventory of unissued Bonds, it being recognized that it is the responsibility of Issuer to ensure that Bank is provided with an adequate supply of unissued Bonds to accommodate normal transfer activity. 6. Bank as Registrar will cancel all Bonds surrendered to it for transfer or payment and will dispose of said cancelled Bonds at the written direction of Issuer. 7 . Bank as Paying Agent will (a) prepare and mail semi-annual registered interest checks to bondholders of record on respective record dates (b) prepare and mail or deliver checks in payment of the principal of Bonds maturing or called for redemption. i 8. Issuer will-deposit-with Bank as Paying Agent funds, which will be available to Bank on said payment dates, sufficient to pay all interest and principal payable on the Bonds as said interest and principal become due. Any money deposited with Bank for the payment of the principal of or interest on any Bonds and remaining unclaimed for f1Ve years after such principal or interest has become due and payable shall be paid to the Issuer and all liability of the Bank shall thereupon cease. 9. Bank shall have no duties with respect to the investment of funds deposited with it nor shall Bank be required to pay interest on said funds. 10. Should Bank be notified of the loss, destruction or theft of any Bond, Bank will place a stop transfer order against said Bond and shall consult with Issuer with respect to issuance of any replacement Bond. 11. this Agreement shall remain in effect until the Bonds mature and all funds are disbursed or until this Agreement is amended or terminated. This Agreement may be terminated by written notice of either party to the other. 12. Issuer will compensate Bank for its services as Registrar and Paying Agent in accordance with' the terms and conditions of the fee schedule attached hereto. 13. Issuer shall furnish Bank with the following documents to support this appointment (a) Certified copy of Resolution authorizing issuance of Bonds and appointment of Bank as Registrar and Paying Agent (b) Specimen Bonds (c) signed copy of Bond Counsel Legal Opinion (d) Official Statement (e) such other documents as Bank may reasonably request. MIDPENINSULA REGIONA7, OPEN SPACE DISTRICT By: Title: Date: FIRST INTERSTATE BANK OF CALIFORNIA By: Title: Date: First Interstate Bank First of California 707 Wilshire Blvd. Interstate Los Angeles,CA 90017 Donald C.Kuby Bank 213 614-4926 Vice President and Marketing Manager May 22, 1986 Mr. Michael L. Foster Treasurer Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Re: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Registered Notes Issue - 10 Year Maturity $9, 500, 000 Dear Mr. Foster: Thank you for appointing First Interstate Bank as Paying Agent and Registrar on the above referenced issue. Our fees for these services are as follows: Annual Administration Fee $4,500 At the closing, fees for the following services are due and payable: a) Annual Administration Fee for the first year, and b) Charge for the original certificate issuance. Thereafter, our Annual Administration Fee will be payable in advance at the beginning of each annual period commencing with the first anniversary of this Agreement. Registration Services Per certificate issued $ 2 , 00 Each bondholder account maintained, per annum $ 3 . 00 Each interest check issued $ 0.50 Per certificate paid at maturity $ 2. 75 Per certificate paid prior to maturity $ 3.75 I Michael L. Foster May 22, 1986 Page Two Security Transactions A charge will be made for such transactions as the purchase, sale, redemption, tender, maturity, delivery or receipt of bonds or stocks and for transactions with financial institutions to include savin gs deposits/withdrawals, certificates of deposit, Eurodollar Certificates and Repurchase Agreements. Security Transaction rates are subject to periodic review and change but are presently quoted as follows: Bonds, stock, other personal property $ 25. 00/Transaction Eurodollar Certificate $125. 00/Transaction Repurchase Agreement $ 50. 00/Transaction Out-of-Pocket Expenses As Billed These expenses are those incurred by us on your behalf to effectively service your account on a day-to-day basis. They include but are not limited to the - following items; Postage, insurance, stationery, express mail charges, and telephone and telegraph. A charge, at our cost, will be made to cover expenses incurred for travel, lodging and meals to attend the closing for this issue and or any other special meetings required. These fees are predicated on the standard responsibilities for this type of issue. With further review of these and the final review documents, we reserve the right to amend our fee quote. The information contained in this proposal is confidential and proprietary in nature. By receiving this proposal, Midpeninsula Regional Open Space District agrees that none of its employees or agents without the prior written consent of First Interstate Bank will make accessible to any third party other than parties to this issue any part of this proposal or information in connection with it. Our quoted proposal pricing will remain in effect for 60 days from the date of this letter and extended thereafter at the option of First Interstate Bank. I i Michael L. Foster May 22 , 1986 Page Three Our selection as Trustee, Registrar and Paying Agent, is conditional upon our approval of the appointing documents. If you have any questions, please call me at 213/614-4926. sincerely, Donald C. Kuby Vice President & Manager Corporate Trust Marketing DCK:vv M-86-64 (Meeting 86-15) ,Tune 11 , 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 30, 1986 TO: Board of Directors 1 FROM: H. Grench, General Manager { RESPONSIBILITY & PREPARATION: D. Hansen, Land Manager; `M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the North Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area Recommendation: I recommend you adopt the Interim Use and Management Plan recommendations as contained in report R-86-24, dated April 10 , 1986 , name the property an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve and indicate your intention to with- hold the property from dedication. Discussion: At your April 16, 1986 meeting you approved the acquisi- tion of the 174 acre North property (31 acres fee title and one-half interest in 143 acres), an addition to the Sierra Azul Open Space Pre- serve - Mt. Umunhum Area (see attached report R-86-24, dated April 10 , 1986) . You also tentatively adopted the Interim Use and Manage- ment Plan recommendations contained in the report and indicated your intention to withhold the property from dedication as public open space. In accordance with the adopted Land Acquisition Public Notification Procedures (see memorandum M-83-106 , dated August 31 , 1983) , final adoption for the Interim Use and Management Plan was deferred until after close of escrow to allow for public comment. Escrow on the North property acquisition closed on May 19 , 1986. Staff has re- ceived no public comment to date on the acquisition. I I I I i i_- R-86-09 Page Two, Altho ugh a corner of the property adjoins the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, currently there is difficult public acc( to it. Eventually the property could become a link in a trail system be- tween El Sombroso and a Guadalupe recreational corridor along dicks Road and Almaden Quicksilver Park. I A. Description 1. Size, Location and Boundaries The property is composed of two land units: a smaller 31 acre parcel to be acquired in fee and a larger 143 acre unit, composed of three separate assessor's parcels, -in which the District would acquire a one-half interest. The 143 acre unit also includes a 50-foot-wide roadway easement over the adjoining Stanton property to the north; however, the easement rights do not extend further to any public or private road in the area. Both units are located on a steep south-facing ridge east of El Sombroso and south of Hicks Road. They are bounded by private property on the north, west, and east and adjoin the Mt. Umunhum Area on the south and east. The property has only private access at this time. The closest public road is Reynolds Road, a paved road south of Hicks Road and north of the property which ends at approximately the 1440 foot elevation. Beyond that point, a dirt road continues on up the ridge across private property and crosses the Stanton property where the 50 foot easement is located, fina 'IV entering the proposed acquisition from the north. The road foll the ridgeline across the center of the property. It continues west across private property to El Sombroso where it joins the main ridgeline road of the Sierra Azul . 2. Topography, Geology and Natural Landscape The property is located on steep, south-facing slopes on a ridge east of El Sombroso, a 2999 foot peak in the Sierra Azul Range. Elevations on the site range from a high of 2650 feet on the western end of the ridg e, to a low of 1 g 000 feet in the southeast corner next to Rincon Creek. The ridgeline, located in the northern portion of the site on the larger parcel , separates the drainage from the property into two watersheds . The south-facing slopes, comprising the majority of the site, drain into the Rincon Creek watershed. Rincon Creek flows into Guadalupe Creek, which flows into Guadalupe Reservoir. The north-facing slopes drain into an unnamed tributary of Guadalupe Creek. District ownership of the site will therefore help protect the headwaters of Guadalupe Creek. The San Andreas Rift Zone is located approximately four miles to the west. Vegetation on the property is typical of this region of the Santa Cruz Mountains _ The steep, dry south-facing slopes are covered with brushy chaparral species such as chamise, manzanita, coffee berry, poison oak , and ceanothus , as well as scrub oak and canyon 1 , R-86-24 .' (Meeting 86-09 W ' � April 16, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 10, 1986 TO: Board of Directors FROM: R _ H . Grench Gen eral al Manager � RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods, Open Space Planner; A. Cummings, Environmental Analyst SUBJECT: Proposed Addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of North) Recommendation: I recommend that you adopt the following resolutions: 1. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authoriz- ing Officer to Execute Certificate of Acceptance of Grant to District, j and Authorizing General Manager to Execute Any and All Other Documents r Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North) . 2. Resolution of the Board of Directors of the Midpeninsula Regional Open ' Space District Authorizina Acceptance of Purchase Agreement, Authoriz- ing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North et al. ) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, including naming the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate your intention to withhold the properties from dedication. In troduction: oduction: Th e Mid peninsula Regional _ Open Space Dist rict ct has the to burchase approximately 174 acres of land (31 acres in full fee and a one-half interest in 143 acres) lying east of Highway 17 in an unincorporated area of Santa Clara County, outside but adjacent to the District boundary and in the District ' s Sphere of Imfluence (see attached map) . The property is located on a steep south-facing ridge east of E1 Sombroso, one of the prominent peaks in the Sierra Azul . The Sierra Azul Range (the name given to the southern part of the Santa Cruz mountains) forms a promi- nent ridge about 25 miles long south of Saratoga Gap and provides the scenic backdrop for Los Gatos and the southern. peninsula. s R-86-09 Page Three live oak. The lower slopes contain pockets of bay trees and madrone in. moist gullies. Wildlife value of the property is high and P Y g. typical of -chaparral-cha nal YP P communities of the area. These habitats are attractive to moun- tain lion bobcat fox co • coyote, feral pig, deer, rabbit, raccoon, rattlesnake, and numerous species of birds. 3. Cultural History A location on the northeastern boundary of the property is the site of a monument marking a boundary of the old Pueblo Lands of San Jose. The trail to the monument is now completely over- grown. The Pueblo' was established in 1777 , originally including four square leagues (approximately 14 square miles) , encompassing the Guadalupe River and what is now the 'City of San Jose. B. Current Use and Development ' A dirt road follows the ridgetop across the northern portion of the property from east to west, eventually leaving the property and joining the main ridge road along the axis of the Sierra Azul at E1 Sombroso. This road is currently used by hikers, equestrians , and occasional motorcyclists. The only access to the parcel and ridgetop road is across adjacent private property. There are no deeded rights of access to any public road. There are no structures on the property. C. Planning Considerations The acquisition of this property for open space use conforms with the General Plan of Santa Clara County. It is outside the Sphere of Influences of the City of San Jose and the Town of Los Gatos. The property borders the District boundary to the south and east, lying just outside the District but within its Sphere of Influence. Due to its location outside the District boundary, the property was not analyzed for the Master Plan. Similar adjacent properties within the District have composite ratings of high to moderate. The Regional Parks , Trails and Scenic Highways map published as an element of the General Plan of Santa Clara County in 1981 identifies a trail corridor through the property leading east from E1 Sombroso to Almaden Quicksilver County Park. This proposed trail corridor could ultimately connect with a trail system encompassing the Lexington Reservoir Recreation Area, Kennedy Road Area, the Limekiln Canyon Area, and the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, connecting three District Preserves with two County Parks. D. Potential Use and Management The land should be managed as a natural area with the site open to hikers and equestrians who can gain access from adjacent District lands. On site use is next to impossible however due to the dense chaparral and it is anticipated that little, if any, public use can occur at the current time. Rangers will oversee the property from Woods Road and Mt. Umunhum. 1. _ -- R-8 6-09 Page Four E. Interim Use and Management Recommendations 1. The site will be open to hikers and equestrians who can gain access from adjacent District lands. 2. Preserve boundary plaques. will be installed where appropriate. Estimated costs of $30 .will be included in 1986-1987 budget preparation. F. Dedication This property should p _ y be withheld from dedication at this time to allow for the possibility of the transfer of density rights or a future realignment of reserve bounda ries. aries G. Naming This property should become an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. H. Terms As mentioned earlier in this report, this acquisition is a combination of the following two separate purchase transactions: 1. The North purchase consisting of 31 acres requireg the total Payment of $21 ,700 be payable in cash at the close of escrow (an average of $700 per acre) . 2. The North et al. purchase consisting of one-half interest in 143 acres requires the total payment of $50 ,050 be payable in cash at close of escrow (an average of $350 per acre for the one-half interest) . f • 1 `�(( °,. 1 J � � ' , '/ / (l ��'•�.,1, '1, � \ � p. '(;IIIIgIV� p• f 1 n. 3 • , � 1 , ./ T T ljt, �' .� 1;N , '�•�, I ' -�'Mnn "�i�\. l '!� •4 ��,, �i,l� ' ,�'• .! l j� ��c �(. �f)1 i f{)I r {1 0 �{ t, / ?)) 1 1 `i_ lilt , ' ,1�11, 1.1-1 `j1(,� `\V`{ •\, It; /' ,•�' ,, / / �.. . ' ; �- N !_.,..- � ' /JfS�'� •] }I 1'��) ,� ` � `�\\� cr�lt. ` �.. L��- ;� ,) , V'! j �'` � Jr. )�1,,. ''� tI / iy -✓" PROPOSED ACQUISITION �1\1,a'N ONE—HALF INTEREST (143 ACRES) _a)a��-a�' �if((!, .r�`•<,,�',-'��'r'!f� 1�' %(t��'``1�.�l;✓'';'/�.-.), _ Ut FEE TITLE PURCHASE (31 ACRES) �"�• l / 1 n , f ._),i�7! � � (,'tr k1�/ �r �4` 11111 �:\j' nta'%sQrb /j . i / 4 1 ) '• r `--� ,!l,— rr :1 `'>, ALM_ADEN QUICKSILVER COUNTY PARK. ^�T' •mac u \� !O , .,`. l,,✓r_r I •^�. "^ _., f � \ r i'/• (�~ r , , •; ' , „)�_ y�': •`-�L�.: 1, f t��Y( '{'r)G �\.♦�aa �- }Z�. `�� ')j'n 6OpJ; i �i .y �_../ !� •� ( 0 �_. )fir• .l rl )1\r N \��\- ,j'.` t rVv}ll^, \ 1 A�n4�i rAvf ,Dun 'V t ►`.. !. 'EII SOmbf0'$d' 1. ( f Vr�kj 163ff i 1 rN M '% � ..`, r �J1��/jam-``f _ _ ��v\\:�•\ }�' I r r��.�� ,N( •�W _A q,( E z°`, • ' - � .�. lj �:� _"'f: �_ �r �♦ 'ao.>fi;.. L��OI,� ,i'i i Il;,_ .r ,�. � ' I '� � c,n" � � .t� j .si' —!.� 4r � ��1.,'�j1 5�=��1= '_y1 , •,}� C�3�� "__ 11';lc tl� r !{ y'` •n°��;. ♦. _ �i,Yt 1+� �.. , (i/ ////�,�,J)1 \\�i'��,;�J/I �j ��1 i.. 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I .�f�!'r; •I � 'r'-v ' i. /.•e.., � �1\' off; ,1f �( . 1 v0 'l , I / ,,,\, i '); it (!I / ,%/� I �. PRIVATE PROPERTY / '� ---- if 2yn 4i .r' �� ' '.`. •O�J'V-��/� 1� ��" r � •1 ( .l r r:� `y � r\1} �/lf ff'�tt �� {_'��! r 1l �l�-�.} _'\�, �Z � `o�: .L�. .�� ,'4 J ��. 1 "� �- / ,�_/J .�.,, `t,♦ , i _._t,'�,,), , ill_ ) i %.1 _.1 t _ ��`. `.G \ ^1�. �, •Un l:IlhUm �, `' 1 ,._ (�"�--��/ �� l , ./'�• •�;.�`'�(;f. , c �''s.•��'j�``i."(''=�p'/'�j�.,I;•J(l��` ,t" 1�/ '%�•� �``�-'1• 1/ ' \, :. ,J�..9 r. \� � i�.)� mod. 411 ..,17YI41 /�7Ln r'` � •J � )•!�II"� \ ,�✓ r iti 1'��'•' � - ti/' - >> < ,y.t ri►.`..C`Q �rd'J+7/ )I {' � j�• I"�f)r \/ { / / �• ' r'1 •• .. / tl 1 `�� I ( �i� /^� /� f�,,; r 1 ; 1 f.10 r - -l. �. � t: r ',l� "1 � _=% _ -. '`/ :' ' ti '-,� ` ,/'�( \\\•, + lfll``(/,',-ram_ J � �,; ,'� jl t+ �00�� SIERRA AZUL OPEN SPACE PRESERVE rr tr ---- \ MT. UMUNHUM AREA - �\\. •�'�� `�`� d'.�� ! ', tr �� ' 1800= �{�•� ri, 1( tom\ --`' �� !`!. �i.� "'-_^�.I ` ".f �y�r`` QUO \ i � Wtf;'�\1�� 1 r C ir•` `� / '�� ,1.�" ��L\��.�� _J1�t; IY\\ �_� ` I l.' �`:': �' 111 I� , 1 \ �j✓��l�tL r,� 61` j SCALE I"=2000' NORTH SIERRA AZUL OPEN SPACE PRESERVE �•M7-T.. UMUNHUM AREA ;• ��_��`�, �t.a1� •, �t�7'J7` �1J��.\,fr''�� r,.,r r - ,,. 1 �. Jr �. { - T?'�:% I'1 i'ti -� ♦)� - `r i R-86-37 (Meeting 86-15 Vk June 11, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 5, 1986 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Assistant General Manager; J. Fiddes, Administrative Services Manager SUBJECT: Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges Introduction: The salary survey for the 1986-1987 fiscal year was conducted in accordance with the May 1979 comprehensive report on Salary, Fringe Benefits , and Personnel Systems prepared by Gary Foss, the District's Personnel Consultant (see report R-79-13 of May 16, 1979) . The process involved, survey results to date, and a general discussion of your policies regarding salary changes are included herein. As of the writing of this report, some comparable salary data at the Cities of Sunnyvale and Hayward and at Santa Clara County was not available due to salary negotiations. This information will probably not be available for your June 11 meeting. In addition, 1986-1987 salary information for management positions used as comparables at the Cities of Palo Alto, San Mateo, and Sunnyvale and at Santa Clara County is not available at this time. Discussion: A. Procedure: The salary survey for the 1986-1987 fiscal year was conducted in the same manner as previous years, and the "bench- mark" classes of Secretary, Ranger, Real Estate Research Analyst, Open Space Planner, Public Communications Coordinator, and Land Acquisition Manager were surveyed. The following governmental entities within the greater San Francisco-Oakland Metropolitan geographical area were contacted for salary survey information: City of Palo Alto, City of San Mateo, City of Sunnyvale, City of Hayward, County of Santa Clara, County of San Mateo, East Bay Regional Park District, and East Bay Municipal Utility District. B. Salary Survey Data: The attached Exhibit A, entitled June 1986 Salary Survey Data, provides a recap of general public sector salary data gathered during the survey. Based on the data available at this time, the total range of salary increases at the eight surveyed organizations varies from a 1% salary in- crease (this position also received a 7% PERS contribution) R-86-37 Page two to a 7% salary increase. It should be noted that, at the City of Palo Alto and the East Bay Municipal Utility District, secretaries received total salary increases of 10 . 5% and 7. 5% respectively since both organizations attached equity adjustments to the general salary increase for this position. As noted at the beginning of this report, salary negotiations were still in progress for some of the positions used as com- parables at the Cities of Sunnyvale and Hayward and at Santa Clara County. In addition, management position comparables from the Cities of Palo Alto, San Mateo, and Sunnyvale and at Santa Clara County have not yet been adjusted. C. Salary Changes : According to your policies , you consider the following factors in making salary range changes : 1) the District's salaries with respect to the surveyed groups; 2) current trends in the private sector; and 3) the change in the cost of living. Each factor will be discussed in turn. It should be emphasized that it is a policy decision of the Board as to the relative im- portance of these three factors in setting wage scales. 1. Public Sector Salary Survey Data: The attached graphs,, entitled Salary Survey CoMpArables, show the array of comparable salaries for last year and this year for each of the six District positions surveyed. Current District salaries for each of the positions surveyed are plotted on the graph, as well as District salaries for a zero point, three point (3%) , four point (4 . 1%) , or five point (5. 1%) salary range increase. Based on the information shown on Exhibit A, June 1986 Salary Survey Data, the overall average salary adjustment at the District's comparable public agencies was 5% . This figure is based on averaging the average salary adjustments for each of the positions shown. As emphasized in previous reports , the use of position comparables in setting salaries is not an exact science since there is no perfect nor exact comparable for any position. Also, the District's salary structure takes into account various factors such as the relative importance, responsibility, and training needed for the jobs in each of the District' s programs as well as the comparisons of those positions relative to the labor market. 2. Private Sector Data: As noted previously, reliable data is very difficult to obtainon private sector wage increases in the Bay Area. According to Mr. Foss, general salary range or structure changes over the last six months (October 1985 - March 1986) and projected for the next six months (April 1986 - September 1986) average 4. 8% for both exempt and non-exempt positions. This information is published by a private wage salary company, the Western Management Group Survey (WMGS) , which covers the Peninsula. The WMGS salary data emphasizes the electronics industry, but also R-86-37 Page three includes wage data for service and manufacturing industries. Unlike the public sector, a 4.8% change in wage structure does not provide the private sector employee with an auto- matic 4. 8% increase in their wages. The range adjustment is part of a "mechanical" process private sector employers go through to determine competitive salary ranges. Actual private sector wage increases result from actual merit in- crease adjustments that are based on performance, as well as cost of living adjustments . The Western Management Group Survey shows that private sector merit increases for the same periods noted above average approximately 6. 7%. This 6 . 7% average merit wage increase means that some employees received a greater increase while others received little or none. Last year's report showed figures for a combination of range and merit increases for the private sector. This was not an appropriate way to display the Western Management Group data. The private sector range change of 4 .8% is used to keep a salary plan competitive; the 6 .7% average merit increase is what private employees are expected to receive and some are receiving little or no increases while others are receiving greater increases . These averages are based on actual salary data received from over 300 companies. As Mr. Foss has pointed out in the past, public and private wage comparisons are difficult, but important to obtain, especially for the Peninsula in order for the District to monitor trends in wage increases for general competitive purposes. Although the private sector appears to adjust salaries using a different method, in reality these adjust- ments are somewhat similar to the District in that new employees or employees who are still progressing through their assigned wage range receive salary increases to reflect wage trends and performance. This is why the average merit increase of 6 . 7% is given instead of the actual salary increase received by each employee. You are being asked to approve a salary range adjustment for the District's different classifications, and District employees will move up a corresponding amount in their range based on this decision. In addition, District employees (unless they have topped out their salary range) will be eligible during the year for an annual merit increase of up to 5. 1% if the employee receives, based on outstanding performance, the highest merit increase possible. It is important to note that the District' s merit increase component is strictly based on an employee's actual performance. The District has a more unique pay for performance type of salary administration system than do most public employers. Our system, where five point merit increases are not the norm, provides a more carefully managed performance evaluation process. 3. Cost of Living: The San Francisco-Oakland Metropolitan Area Consumer Price Index for All Urban Consumers is used to track cost of living changes. The above-noted CPI increased 2. 7% R-86-37 Page four from April 1985 to April 1986 , compared with 4.4% for the same twelve month period last year. The following chart details CPI changes since 1979, Board approved District range changes (all of which were across- the-board) , and what the overall 1980-1986 District increase would be based on a .3, 4, or 5 point salary increase. Effective Date CPI Change of Increase MROSD Increase April to April 11/1979 Base YearBase Year 7/1980 8. 3% 9.9%* 7/1981 8. 3% 11.0% 7/1982 8. 3% 10 .5% 7/1983 7. 2% 0. 2% 7/1984 6. 2% 5 .5% 7/1985 5. 1% 4. 4% Overall 1979-1985 51.9% 49 . 1% if if If 3 point 4 point 5 point (4/85 to increase increase increase 4/86 CPI) (3%) (4.1%) (5.1%) 2. 7% Overall 1980-1986 (56 . 5%) (58.2%) (59. 7%) 53. 1% *Covers period of 10/1979 - 4/1980 . The revised salary plan was effective October 1, 1979 based on G. Foss' Salary Benefit Study. 4. Summary of Data: The following table summarizes the various salary increase considerations that should be discussed in the determination of salary range adjustments : I . Public Sector Data A. Average 1985 to 1986 5% increase (depending on (Range of 1% salary the surveyed position) adjustment to 71; of surveyed public salary adjustment) agencies where salary decisions have been made II . Private Sector Data A. Average Range of Structure 4. 8% Adjustments B. Average Merit Increases 6 .6% III . Consumer Price Index A. April 1985 to April 1986 2. 7% Increase R-86-37 Page five D. Fringe Benefits : No change is being recommended in the District's fringe benefit package at this time. Though significant progress has been made in the benefits study, it is not completed. The concept of a flexible cafeteria benefit plan was explored with the Budget Committee during its spring deliberations, and staff is in the process of preparing more information for the Committee' s consideration. I anticipate that staff will be prepared to present the results of the fringe benefit study to the full Board for consideration during the fall. A central question in the benefits study continues to be whether the District's total benefits package has "lost ground" by not including payment of all or a portion of an employee's 7% contribution to PERS, in addition to the District's own PERS contribution. This PERS contribution question is being considered along with benefits and total compensation in the study. The results of the benefit study and any recommended changes could have a financial impact on the District' s budget; however, there is no way of indicating the possible financial impact spectrum at this time. At the current time, the District's basic benefit package in- cludes medical coverage under either Blue Cross (enrollment frozen) , Kaiser, Take Care, or the Santa Clara County Health Plan for employees and their dependents. Dental coverage for employees and their dependents is also provided, as is basic and supplemental life insurance. Based on a District employee' s salary, which is used to determine the amount of supplemental life insurance provided, and the medical plan in which the employee is enrolled, the District pays, based on 1985-1986 fiscal year premiums, between $143 and $417 per month per full-time employee for finge benefits noted above. E. Internal Relationships: At this time, no changes are being recommended in the internal relationship of District positions. Since Mr. Foss ' initial study in 1979 , the internal relation- ship of District positions has been reviewed each year as part of the salary survey. The adopted Administrative Study (see report R-85-26 of May 16 , 1985) and the yet-to-be-adopted Open Space Management Five Year Staffing Master Plan (see report R-86-14 of February 7, 1986) carefully scrutinized the internal relationships of a majority of the District's positions. F. Effective Date: In accordance with policy you adopted in June 1980 , any salary range changes adopted for the 1986-1987 fiscal year would be implemented effective July 1, 1986. Recommendation: A recommendation, based on your policy for District salaries to be at the middle or above the middle of the salaries paid at the comparable public agencies and an equal weighting of the public sector, private sector, and cost of living data presented would indicate an across-the-board 4 point increase in the District' s salary ranges. However, I am asking that the Board consider a 5 point across-the-board increase for General Manager appointees for the following reasons : R-86-37 Page six 1) The public agency data should be weighed more strongly than the private sector or cost of living data since the public sector is the main labor market for the District's professional and technical positions, as well as our "competition" in terms of drawing staff members away from the District. 2) A 5-point change would strengthen the District's ability to attract and retain a talented and diverse staff. Retention of staff members is critical because of the disruption and loss of productivity that occurs when there is a vacancy on our small staff that consists of many classifications filled with only one person. 3) The District would continue to have a highly competitive salary plan that would help to compensate for the few opportunities here for career ladders and upward staff mobility. ' 4) A small salary slip this year could result in the Board having to make larger catch-up adjustments in future years . 5) A 5-point change would fall in line with your placement of District salaries above the middle and would not place them at the top of the comparables. The following table shows the financial impact of a three, four or five point across-the-board salary range adjustment for General Manager appointees : Corresponding Salary and Point Increase Benefit Increase 3 (3%) $31, 850 4 (4. 10) $43 ,550 5 (5. 1%) $54, 150 The attached Exhibit B, numbered one, two, and three shows the District's current Salary Pay Plan for its different classifi- cations, and the Pay Plan based on a three, four, or five point salary across-the-board salary range adjustment. Your official action in granting a salary range change should include adopting one of these Salary Pay Plans. JUNE 1986 SALARY SURVEY EXHIBIT A Percentage Salary Increases for Comparable Organizations for 1986-1987 (N/C = No Comparable Position) Real Estate Open Space Pub. Cam. Land Acq. Secretary Ranger Research Analyst Planner Coordinator Manager Year 2 of 2-year contract. 5.5% change effective 5/1/86. Some 5.5% + 5% % increase equity adjustments. Management salaries to change 7/1/86. equity 5.5% 5.5% 5.5% N/C not known Palo Alto adjustment at this time General Unit - Have 18 month contract. Effective 9/22/85, 5% Ban Mateo increase; year 2 calls for salary change based on surveyed 50 % increase organizations (prcb. around 4%) . Management unit has 18 mo. N/C 5% N/C N/C not known at this time contract eff. 6/l/85. Got 6% increase; year 2 calls for _ s using couparables. Negotiations in progress with Sunnyvale Employees Assn. Management positions Sunnyvale Negotia- Management positions also in process of being surveyed Lions N/C Negotiations N/C in process of being surveyed Clerical Union - negotiations in progress. Management employees 1% (also & confidential employees - year 2 of 2-year contract, 7% as of Hayward Negotia-- N/C 7% gat 7% PERS N/C 7% 12/24/85. Professional Technical Union 1% + 7% PERS pickup tions pickup) effective 10/l/85; 6-1/2% effective 9/29/86. CEMA - Mid-management enplcyees association negotiations in % increase Santa Clara progress. 5% 5% CEMA N/C N/C not known County SEIU 715 - Year 2 of 3-year contract; 5% each year. Negotiations at this time Year 1 of 2-year contract. 5% increase effective 1/1/86. Scan Mateo Year 2 calls for 5% increase effective 12/28/86. Some 5% 5% 5% 5% N/C 5% County equity adjustmentq. Year l of 2-year contract. $78 across-the-board effective Comp position EBRPD 4/1/86. Year 2 calls for straight CPI change with 4% mininuun, 3.6% ($78 3.1% ($78 across- 2.8% ($78 2.9% ($78 revamped. No 6% maxin m; reopen negotiations if CPI over 8%. across-the- N/C the-board) across-the- across-the- prev. re a to bow) board) board) compare with Year 2 of 3-year contract with Local 444 (blue collar workers) 5% + 2.5% EBMUD and Local 2019 (white collar workers) 5% increase. Year 3 equity ad- 5% N/C N/C 5% N/C also calls for 5% increase. Effective 5/l/86. Some equity justment adjustments . SALARY SURVEY COMPARABLES SECRETARY 1985 1986 Data 2300 2200 - 2204 EBMUD - 2158 EBMUD - 2154 Palo Alto - 2154 EBRPD 2100 5 pt. 2085- - 2076 EBRPD 4 pt. 2064- 3 pt. 2044- - 2014 Hayward ` - 2010 Sunnyvale - (2014) Hayward 2000 *Sunnyvale- (2010) - MROSD 1984 Current 1984- - 1969 City of San Mateo - 1948 Palo Alto 1900 - 1898 Santa Clara County - 1873 City of San Mateo - 1808 Santa Clara County 1800 1756 San Mateo County 1700 - 1640 San Mateo County 1600 * Current salary shown. Negotiations in progress . SALARY SURVEY COMPARABLES RANGER 1985 1986 Data i 2700 2600 2507 EBMUD 2500 5 pt. 2421 - 2400 4 pt. 2397 - - 2387 EBMUD 3 pt. 2373 - 2300 - 2304 MROSD Current 2304 - 2238 Santa Clara County - 2208 Palo Alto 2200 - 2132 Santa Clara County - 2125 San Mateo County 2100 - 2094 Palo Alto - 2025 San Mateo County 2000 SALARY SURVEY COMPARABLES REAL ESTATE RESEARCH ANALYST 1985 1986 Data 2700 I 2600 2595 Sunnyvale (2595) * Sunnyvale 2500 2481 EBRPD 5 pt. 2421 - 2401 Hayward 2403 EBRPD 2386 City of San Mateo 2400 4 pt. 2397 - 2383 Palo Alto 2259 Palo Alto 3 pt. 2373 - 2364 San Mateo County 2252 San Mateo County 2243 City of Hayward 2304 MROSD Current 2304 - 2300 2210 City of San Mateo 2200 2127 Santa Clara County (2127) * Santa Clara County 2100 2000 *Current salary shown. Negotiations in process. � I SALARY SURVEY COMPARABLES OPEN SPACE PLANNER 3500 1985 1986 Data 3400 3319 Hayward 3300 3286 Hayward 5 pt. 3230 3200 4 pt 3199 3 pt. 3167 3162 San Mateo County 3100 -3074 MROSD Current 3074 3073 Palo Alto 3011 San Mateo County 3000 2912 Palo Alto 2900 2800 2727 EPRPD 2700 -2649 EBRPD 2600 SALARY SURVEY COMPARABLES PUBLIC COMMUNICATIONS COORDINATOR 1985 1986 Data i I 3800 - 3744 Sunnyvale - (3744) * Sunnyvale I 3600 I I 3425 EBMUD 3400 5 pt. 3328 4 pt. 3295 - 3262 EBMUD 3 pt. 3262 3200 - 3167 MRO5-D Current 3167 3000 I 2800 2727 EBRPD - 2649 EBRPD 2600 I I 2400 * Current salary. Survey in progress . I I SALARY SURVEY COMPARABLES LAND ACQUISITION MANAGER 1985 1986 Data a - 5240 Hayward - 5239 Palo Alto - (5239) * Palo Alto 5200 - 5124 (CP) Santa Clara County - (5124) * Santa Clara County - 5053 San Mateo County 5000 5 pt. 4955 - 4897 Hayward 4 pt. 4906 3 pt. 4858 4800 4812 San Mateo County �4717 EBRPD** Current 4715 4715 MROSD 4600 4547 Sunnyvale - (4547) * Sunnyvale 4400 4200 4154 City of San Mateo - (4154) * City of San Mateo 4000 3800 * Current salary. Survey in progress . ** Position revamped in 1985-1986 . No longer shown as comparable. JUNE 1986 SALARY SURVEY EXHIBIT A Percentage Salary Increases for Comparable Organizations for 1986-1987 (N/C = No Comparable Position) Real Estate Open Space Pub. Carrin. Land Acq. I Secretary Ranger Research Analyst Planner Coordinator Manager i Year 2 of 2-year contract. 5.5% change effective 5/l/86. Some 5.5% + 5% % increase equity adjustments. Management salaries to change 7/l/86. equity 5,5% 5.5% 5.5% N/C not known Palo Alto adjustment at this time General Unit - Have 18 month contract. Effective 9/22/85, 5% % increase increase; year 2 calls for salary change based on surveyed San Mateo organizations (prob. around 4%) . Management unit has 18 mo. 5% N/C 5% N/C N/C not known at this time contract eff. 6/l/85. Got 6% increase; year 2 calls for _ studv usinq coiTparables. Negotiations in progress with Sunnyvale Employees Assn. Management positions Sunnyvale Management positions also in process of being surveyed Negotia- N/C Negotiations N/C in process of being tions surveyed Clerical Union - negotiations in progress. Management employees 1% (also & confidential employees - year 2 of 2-year contract, 7% as of got 7% PERS N/C 7% Hayward 12/24/85. Professional Technical Union 1% + 7% PERS pickup Negotia-- N/C 7% effective 10/1/85; 6-1/2% effective 9/29/86. tions pickup) CEMA - Mid-management employees association negotiations in % increase Santa Clara progress. 5% 5% CEMA N/C N/C not known County SEIU 715 - Year 2 of 3-year contract; 5% each year. Negotiations at this time Year 1 of 2-year contract. 5% increase effective l/l/86. San Mateo Year 2 calls for 5% increase effective 12/28/86. Some 5% 5% 5% 5% N/C 5% County equity adjustments. Year l of 2-year contract. $78 across-the-board effective Comp position EBRPD 4/l/86. Year 2 calls for straight CPI change with 4% minimum, 3.6% ($78 3.1% ($78 across- 2.8% ($78 2.9% ($78 revamped. No 6% maxinm; reopen negotiations if CPI over 8%. across-the- N/C the-board) across-the- across-the- pre. data to board) board) board) compare with Year 2 of 3-year contract with Local 444 (blue collar workers) 5% + 2.5% EBMUD equity ad- and Local 2019 (white collar workers) 5% increase. Year 3 5% N/C N/C 5% N/C also calls for 5% increase. Effective 5/1/86. Scene equity justment adjustments EXHIBIT B No. 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SALARY PAY PLAN -Present Salary Range Proposed 3-Point Increase Monthly Annually Monthly Annually Classification Step No. Min-Max Min-Max Step No. Min-Max Min-Max Receptionist/Typist 150-180 1256-1692 15 ,064-20 ,303 153-183 1293-1743 15, 519-20 ,919 Senior Typist Clerk 150-180 1256-1692 15 ,064-20 ,303 1 53-183 1293-1743 15 ,519-20 ,919 Secretary 166-196 1472-1984 17 ,664-23 ,806 169-199 1516-2044 18 ,198-24 ,527 Accounting Specialist 171-201 1548-2086 187565-25 ,021 174-204 1594-2148 19 ,126-25 ,780 Office Manager/Sec'y. to Gen. Mgr. 175-205 1610-2170 19,317-26,038 178-208 1659-2235 19 ,904-26,826 Ranger 181-211 1709-2304 20 ,505-27 ,640 184-214 1761-2373 21,127-28, 475 Real Estate Research Analyst 181-211 1709-2304 20 ,505-27,640 184-214 1761-2373 21,127-28, 475 Associate Open Space Planner 186-216 1796-2421 21,551-29 ,050 189-219 1850-2494 22 ,204-29 ,929 Coordinator of Volunteer Programs 191-221 1888-2545 22,652-30 ,531 194-224 1945-2621 23 ,338-31,456 Lead Ranger 191-221 1888-2545 22,652-30 ,531 194-224 1945-2621 23 ,338-31, 456 Admin. Asst. Open Space Management 191-221 1888-2545 22,652-30 ,531 194-224 1945-2621 23 ,338-31, 456 Environmental Analyst 196-226 1984-2675 23 ,806-32,089 199-229 2044-2755 24,527-33 ,060 Supervising Ranger 201-231 2085-2810 25 ,020-33,725 204-234 2148-2896 25 ,780-34, 746 Open Space Planner 210-240, 2281-3074 27,365-36 ,885 213-243 2350-3167 28, 194-38 ,002 Operations Supervisor 216-246 2421-3263 29 ,050-39 ,152 219-249 2494-3362 29 ,929-40 , 340 Real Property Representative 216-246 2421-3263 29 ,050-39 ,152 219-249 2494-3362 29 ,929-40 ,340 Public Communications Coordinator 213-243 2350-3167 28,195-38,002 216-246 2421-3263 29 ,049-39 ,152 Administrative Services Manager 220-250 2520-3396 30 ,228-40 , 774 223-253 2595-3498 31,144-41,976 Land Manager* 253-283 3499-4715 41,977-56 ,579 256-286 3604-4858 43 ,249-58 , 294 Land Acquisition Manager* 253-283 3499-4715 41F977-56-579 256-286 3605-4858 43,249-58 ,294 *Range of 3% to 5% to be added to base salary as approved by General Manager for assignment of the employee as Assistant General Manager EXHIBIT B NO& MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SALARY PAY PLAN Present Salary Range Proposed 4-Point Increase Monthly Annually Monthly Annually Classification Step No. Min-Max Min-Max Step No. Min-Max Min-Max Receptionist/Typist 150-180 1256-1692 15,064-20 ,303 154-184 1306-1761 15 ,675-21, 127 Senior Typist Clerk 150-180 1256-1692 15,064-20 ,303 154-184 1306-1761 15,675-21,127 Secretary 166-196 1472-1984 17 ,664-23 ,806 170-200 1532-2064 18,379-24, 773 Accounting Specialist 171-201 1548-2086 18F565-25 ,021 175-205 1610-2170 19 ,317-26 ,037 Office Manager/Sec'y. to Gen. Mgr. 175-205 1610-2170 19,317-26,038 179-209 1675-2258 20 ,101-27 ,094 Ranger 181-211 1709-2304 20 ,505-27,640 185-215 1778-2397 21,339-28,760 Real Estate Research Analyst 181-211 1709-2304 20 ,505-27 ,640 185-215 1778-2397 21,339-28 ,760 Associate Open Space Planner 186-216 1796-2421 21,551-29 ,050 190-220 1869-2519 22 ,427-30 ,229 Coordinator of Volunteer Programs 191-221 1888-2545 22,652-30 ,531 195-225 1964-2647 23 ,571-31,770 Lead Ranger 191-221 1888-2545 22 ,652-30 ,531 195-225 1964-2647 23 ,571-31,770 Admin. Asst. Open Space Management 191-221 1888-2545 22,652-30,531 195-225 1964-2647 23 ,571-31,770 Environmental Analyst 196-226 1984-2675 23 ,806-32 ,089 200-230 2064-2783 24,773-33 ,390 Supervising Ranger 201-231 2085-2810 25 ,020-33,725 205-235 2170-2924 261037-35,094 Open Space Planner 210-240, 2281-3074 27,365-36 ,885 214-244 2373-3199 28, 475-38, 382 Operations Supervisor 216-246 2421-3263 29,050-39 ,152 220-250 2519-3395 30 ,229-40 ,743 Real Property Representative 216-246 2421-3263 29 ,050-39 ,152 220-250 2519-3395 30 ,229-40 , 743 Public Communications Coordinator 213-243 2350-3167 28,195-38,002 217-247 2445-3295 29 ,338-39 ,545 II Administrative Services Manager 220-250 2520-3396 30,228-40, 774 224-254 2621-3533 31, 456-42 ,397 Land Manager* 253-283 3499-4715 41,977-56 ,579 257-287 3640-4906 43,682-58 , 876 Land Acquisition Manager* 253-283 3499-4715 41,977-56-579 257-287 3640-4906 43 ,682-58,876 *Range of 3% to 5% to be added to base salary as approved by General Manager for assignment of the employee as Assistant General Manager EXHIBIT B No. PENINSULA REGIONAL OPEN SPACE DISTRICT MID rSAj:AW( PAY PLAN int Increase -PO pr oDosed Annually� monthly, $ Present Salary Range %\ $ Min-Max Monthly $ min-max $ min-Max ation Step No. Min-Max 15 0 64-20 ,30 3 Class----ific 150-180 1256-1692 15 064-20 ,30 3 Receptionist/TyPist 150-180 1256-1692 17 ,664,-23 ,806 Senior Typist clerk 166-196 1472-1984 18-,565-1:�,5 10 2 1 Secretary 171-201 1548-2086 19 ,317-26 038 Accounting Specialist 163-0-2170 AccOu 175-205 505-27 ,"0 to Gen. mgr- 20 , Of Manager/Sec'Y- 181-211 1709-2304 \6 17og-2304 20 ,505-27 ,64-,' Ranger 181-211 551-29 ,05-0 Real Estate Research Analyst86_216 1796-2421' 21, 52-30 ,531 Planner 45 22,6 Associate open space 163--221 1888-25 531 Coordinator of Volunteer Programs 191-2,�1 18s8-2545 22 ,652-30 • 22 652-30 ,531 1888-2545 ', \', 4 , Lead Ranger 91-221 )89",-- ea open Space Management 1 1984-2675 Z"3 1 806-32 ,( "'N Admin. Asst.- 196-226 Environmental Analyst 201-231 2085-2810 27 ,365-36 ,885 Supervising Ranger 210-240 2281-3074 152 Open space planner 216-246 2421-3263 29 ,050-39 39152 Operations Supervisor 216-246 2421-3263 29 ,050- 28 ,195-381002 Representative ty Repre 2350-3167 Real proper s Coordinator 213-243 774 lic Communication 220-250 2520-3396 30 ,22s-40 pub il 977-56 ,579 Services Manager 4 0 Administrative 253-283 3499-4715 4715 41,977-56-579 Land Manager* 253-283 3499- EXHIBIT B i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SALARY PAY PLAN Present Salary Range Proposed 5-Point Increase Monthly Annually Monthly Annually $ $ $ $ f Classification Step No. Min-Max Min-Max Step No. Min-Max Min-Max Receptionist/Typist 150-180 1256-1692 15 ,064-20 ,303 155-185 1319--1778 15, 831-21,339 Senior Typist Clerk 150-180 1256-1692 15 ,064-20 ,303 155-185 1319-1778 15 ,831-21,339 Secretary 166-196 1472-1984 17 ,664-23 ,806 171-201 1547-2085 18,564-25 ,020 Accounting Specialist 171-201 1548-2086 18;565-25,021 176-206 1626-2191 19 ,511-26 , 297 Office Manager/Sec'y. to Gen. Mgr. 175-205 1610-2170 19 ,317-26,038 180-210 1692-2280 20 ,303-27 ,364 Ranger 181-211 1709-2304 20 ,505-27 ,640 186-216 1796-2421 21,551-29 ,049 Real Estate Research Analyst 181-211 1709-2304 20 ,505-27,640 186-216 1796-2421 21,551-29,049 Associate Open Space Planner 186-216 1796-2421 21,551-29,050 191-221 1888-2544 22 ,651-30 ,530 Coordinator of Volunteer Programs 191-221 1888-2545 22,652-30 ,531 196-226 1984-2674 23 ,806-32,088 Lead Ranger 191-221 1888-2545 22 ,652-30 ,531 196. 226 1984-2674 23 ,806-32,088 Admin. Asst. Open Space Management 191-221 1888-2545 22 ,652-30,531 196-226 1984-2674 23 , 806-32 ,088 Environmental Analyst 196-226 1984-2675 23 ,806-32 ,089 201-231 2085-2810 25 ,020-33 ,725 Supervising Ranger 201-231 2085-2810 25 ,020-33,725 206-236 2191-2954 26,297-35 ,445 Open Space Planner 210-240 2281-3074 27,365-36 ,885 215-245 2397-3230 28 ,760-38,785 Operations Supervisor 216-246 2421-3263 29 ,050-39 ,152 221-251 2544-3429 30 ,530-41,151 Real Property Representative 216-246 2421-3263 29 ,050-39 ,152 221•-251 2544-3429 30,530-41, 151 Public Communications Coordinator 213-243 2350-3167 28,195-38,002 218-248 2469-3328 29 ,632-39 ,940 Administrative Services Manager 220-250 2520-3396 30 ,228-40,774 225-255 2647-3568 31,770-42,821 Land Manager* 253-283 3499•.4715 41,977-56 ,579 258-288 3677-4955 44 ,119-59,465 Land Acquisition Manager* 253-283 3499-4715 41,977-56-579 258-288 3677-4955 44,119-59 ,465 *Range of 3% to 5% to be added to base salary as approved by General Manager for assignment of the employee as Assistant General Manager h__ qs; CLAIMS No. 86-1 1 Meeting 86-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: June 1 1 , 1986 C L A I M S Amount Name Description 9555 498.49 Adia Personnel Services Temporary Office Help 9556 2,912.30 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9557 50.00 ASPA Employment Advertisement 9558 96. 17 AT&T Information Systems Group Telephone Equipment 9559 78.01 Craig Beckman Reimbursement--Uniform Expense 9560 101 .80 Richard Bishop Reimbursement--Conference Expense 9561 207.45 James Boland Reimbursement--Conference Expense 9562 60,000.00 Brigitte BolleA Bell Note Repurchase 9563 60,000.00 Werner Bolle'° Bell Note Repurchase 9564 20,750.00 Frederick C. Spielberger,* executor for the estate of Karl August Bell Bell Note Repurchase 9565 6,875.00 Louis Bordi Discing Fire Breaks 9566 28.02 L. Craig Britton Reimbursement--Meal Conference 9567 141 .70 California Water Service Company Water Service 9568 75.58 David Camp Reimbursment--Ranger Residence Repairs 9569 213.00 Communications Research Company Radio Service and Repairs 9570 58.91 Alice Cummings Private Vehicle Expense 9571 917.94 Discount Office Supply Office Supplies 9572 100.00 Katherine Duffy Reimbursement--Conference Expense 9573 10,065.00 Jack Dymond Associates Leasehold Improvements--Old Mill Office Space 9574 108'.40 John Escobar Reimbursement--Conference Expense 9575 20.00 Federal Express Corporation Express Mail I!, 9576 128.37 Jean F.iddes Reimbursement--Microwave Oven 9577 500.00 Foss and Associates Personnel Consulting Fee--May 9578 223.66 Foster Brothers Security Systems Padlocks and Keys 9579 35.95 Walter D. Goggin Private Vehicle Expense 9580 7.57 Harbinger Communications Computer Expense 9581 47. 10 Teena Henshaw Reimbursement--Conference Expense 9582 156.20 Home Plumbing Plumbing Parts 9583 141 .24 Honeywell Protection Services Burglar Alarm Service 9584 501 .97 Hubbard and Johnson's Field Supplies 9585 475. 13 The Hub Schneiders Ranger Uniform Expense 9586 589.35 Langley Hill Quarry Base 'Rock 9587 1 ,033.89 Lawrence Tire Service, Inc. Tires for District Vehicles 9588 389.27 Lee and Associates Rescue Litter Wheel Attachment 9589 16.05 Los Altos Stationers Office Supplies CLAIMS No. $6-11 Meeting 86-15 Ia Date: June 11 , 1986 Amount Name Description 359'0 8.34 Minton's Lumber Supp1`y Field Supplies 9591 163.44 Mobil Oil Company Fuel for District Vehicles 3592 33.17 Michael Newburn Reimbursement--Uniform Expense 9593 260.00 Owner Builder Center Training Workshop 9594 1 ,193.85 Pacific Bell Telephone Service 9595 145.40 Pacific Gas E Electric Company Utilities 9596 1 ,000.00 Peninsula Blueprint Map Files 9597 956.51 Peninsula Oil Company Fuel for District Vehicles 9598 68.28 Recreational Equipment, Inc. Ranger Uniform Expense 9599 73.63 Reef Industries, Inc. Signs 3600 119.25 J. L. Rice Trucking Trucking of Materials 9601 482.79 Chris Saenger Plumbing Supplies and Repairs 9602 101 .08 San Francisco Water Department Water Service 3603 542.49 Scribner Graphic Press, Inc. Stationery :96o4 5,810.00 E. R. Sheehan Trail Construction 9605 123.66 Edward Shelley Reimbursement--Conference Expense 9606 922.53 Shell Oil Company Fuel for District Vehicles 9607 1 .703. 11 Signs of the Times Signs 9608 1 ,350.00 Glenn Smith Consulting Services 9609 50,000.00 Ticor Title insurance Company Purchase of Davidson Property 9610 33.60 Harry Turner Private Vehicle Expense 9611 461 .51 Uno Graphics Brochures 9612 100.00 U. S. Rentals Equipment Rental 9613 402.92 Vallen Safety Supply Company Safety Equipment and Supplies 9614 26,025.00 Valley Title Company Purchase of Radar Property 9615 100.00 Lisa Varney Reimbursement--Ranger Residence Improvements 9616 104. 16 Sandy Voorhees Private Vehicle Expense 9617 140.00 John 'Woody Backhoe Work 5618 1 ,200.00 Ortha Zebroski Consulting Service--Purisima Bell Note Repurchase totals $140,750.00, as approved by the Board on May 14, 1986 (P1-86-46 of May 6, 1986) . i WRITTEN C( "'IINICATION ,s RESPONSE ACT1()X PROPOSED BY STAFF Meeti r -15 y� Board Pre,. Acknowledge/Respond 1986,1 1 S�yPER V/3 June Director Acknowledge/Respond 4 Staff Acknowledge/Respond to Draft Response Attached u+ y staff to be Directed to Prepare Draft Yy " Eel Response for Board Consideration per G4ARA�'d Board Directive(s) Other BOARD OF SUPERVISORS COUNTY OF SANTA CLARA SUSANN WILSON COUNTY GOVERNMENT CENTER, EAST WING SUPERVISOR FIRST DISTRICT 70 WEST HEDDING ST./ SAN JOSE,CA 95110 / (408) 299-2323 CHAIRPERSON,BOARD OF SUPERVISORS June 2 , 1986 Mr . Ed Shelley, President Midpeninsula Regional Open Space District 201 San Antonio Road, Suite 135-C Mountain View, California 94040 Dear Mr . Shelley: As you may be aware, the County of Santa Clara has been concerned about proposed plans for logging redwood trees in Moody Gulch. Hundreds of residents in nearby subdivisions depend on this watershed , and 1 e a fee threatened b these plans p Y for massive logging. The County has recently been exploring a way to acquire a conservation and trail easement over most of the 180 acres of the property. We feel that this will secure the standing timber and reserve this important watershed. r n ' s e our la i to p P A work with local water companies who would make a major financial commitment to solve this problem. At this time , I would like to ask for your assistance in researching a solution to this issue which has been facing us for three years . I feel that by working together in a cooperative fashion , we can begin to address the important natural resource issues facing our respective constituents in the Santa Cruz Mountains. I look forward to your assistance in this important matter . I Sincerely, I ¢ I � Susanne Wilson, Chairperson Santa Clara County Board of Supervisors and I .�►� R-86-33 (Meeting 86-15 '•'*`* » � �� June 11, 1986 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 2 , 1986 TO: Board of Directors FROM: C.. Britton, Assistant General Manager PREPARED BY: J. Fiddes , Administrative Services Manager; M. Hale, Public Communications Coordinator SUBJECT: Adoption of the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986-1987 Recommendation: I recommend that you, after considering possible wording alternatives for two key projects in the Communications Program, adopt the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986- 1987 , as modified for the Communications Program if appropriate. Discussion: The proposed 1986-1987 Action Plan was presented to you for consideration at your May 28 meeting (see report R-86-30 of May 21 , 1986) . Significant discussion focused on the Communica- tions Program and the key projects concerning a new format for a special issue of Omen Space and developing a proposal for a new comprehensive graphic identity and printed image program for the 1 District. These are key projects three and four in the Public Affairs and Education Subprogram. Three of the five Board members Present requested that the wording for these two key projects be revised to include more phased Board participation. The reason for this change was to allow the Board to determine whether the two projects should be carried forward to final review stages , prior to a significant amount of staff time and funds being expended. The following alternative language for items three and four has been prepared for your consideration: 3. Develop - a mu Iti has d p e proposal for a new format for special issue of open Space, including a first phase involvingreview zew of concepts , reasons for change, and a cost recovery analysis . Each phase to be approved by the Board before proceeding. 4 . Develop a multi-phased proposal for a new comprehensive graphic identity and printed image program for the i Page two District, including ,a first phase involving review of concepts and reasons for change. Each phase to be approved by the Board before proceeding. This alternative language would allow staff to determine the ap- propriate number of review phases for each project; however, the first phase in both projects would include a review concepts and reasons for proposed changes. The Board would be asked to review and approve each phase prior to staff proceeding to the next phase of the project. ACTION PLAN FOR IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1996-1987 FISCAL YEAR r I . Open Space Acquisition Program II . Open Space Management Peogram III . Communications Program IV. General Mangement and Program ' Support Page one OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations B. Special Projects C. Enterprise Activities To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas . t Page two 1986-1987 Negotiations Subprogram Objective The objective of the Negotiations Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District' s income. Key Projects and Activities 1. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) , including, where possible, private financing with favorable terms. 2. Work with the Peninsula Open Space Trust to complete at least two acquisition projects within the District's Sphere of Influence that significantly further the District's overall open space goals. 3. Implement new land acquisition Policy relating to use of eminent domain, Brown Act implementation, annexationland acquisition of lands outside the District's boundaries. Other laical Projects and Activities 1. Initiate and maintain contacts with landowners, real estate appraisers and brokers , developers, architects, engineers, zoning and planning officials , and financial institutions. 2. Explore various alternative terms of purchase (options, install- ment purchases, defensible fee, etc. ) to offer advantages and incentives to landowners, as well as to the District. 3. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc. ) . 4. Continually compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for parcel availability potential . 5. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relation- ship with title companies and other information sources. Required Staff Resources 55% of time of Land Acquisition Manager 35% Of time of Real Property Representative - (1/2 time) 40% of time of Real Estate Research Analyst 45% of time of Secretary - Open Space Acquisition - Page three 1986-1987 Special Projects Subprogram Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating District efforts with private and other public agencies, to develop additional acquisition revenue sources, and to provide the critical information necessary to a successful acquisition program. Key Projects and Activities 1. Complete the San Mateo County Baylands Reserve federal Land and Water Conservation fund grant project and keep abreast of other grants available to the District. Submit at least one Land and Water Conservation Fund grant request and at least one Roberti- Z 'berg-Harris grant request. 2 . Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as the San Mateo County section of the Bayfront Trail and a joint project with the Town of Los Gatos. 3. Analyze, in conjunction with Open Space Management Program, par- ticular geographic areas of the District, such as the area south of Lexington Reservoir or north of Dumbarton Bridge, to develop acquisition endations and project costs. Other Typical Projects and Activities 1. Maintain a multi-year spending plan for land acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints. 2. Encourage other agencies to apply for grants that will enhance overall open space goals. 3. Maintain a relocation assistance program utilizing staff and consultants as necessary. 4. Keep abreast of real estate market activity and maintain an index where necessary for use in cost estimate and appraisal analysis. 5. Review agendas and minutes of other appropriate agencies. Review information on local, State and Federal regulations (e.g. , zoning, subdivision and urban services, and on restrictions or plans contained in general plan elements and other planning studies) . . 6. Investigate, as time constraints allow, the orderly disposition of title and legal encumbrances on District owned land (mineral and water rights, prescriptive easements, encroachments , etc. ) . Required Staff Resources 30% of time of Land Acquisition Manager 15% of time of Real Property Representative- - (1/2 time) 30% of time of Real Estate Research Analyst 25% of time of Secretary Open Space Acquisition Page four* 1986-1987 Enterprise Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condi- tion and to increase net rental income. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. Other Typical Projects and Activities 1. Maintain all facilities utilized in the District's enterprise program. 2. Enhance marketability of enterprise structures with long-term lease potential according to Board policy. 3. Administer Ranger-residency leases. 4. Investigate alternative lease arrangements for enterprise accounts , such as longer terms that would enhance net income to the District according to Board policy. 5. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 6. Modify existing agricultural leases in conjunction with Open Space Management studies (such as Russian Ridge Grazing Study) . Required Staff Resources 15% of time of Land Acquisition Manager 50% of time of Real Property Representative - (1/2 time) 30% of time of Real Estate Research Analyst 30% of time of Secretary - Open Space Acquisition Page five i OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B. Operations, Maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management police that provides proper care of open space land, allowing public access appropriate to . the nature of the land and consistent with ecological values. 1986-1987 Page six Planning, Design, and Development Subprogram Objective The objective of the Planning, Design,and Development Subprogram is to provide short term and long range acquisition planning and the formulation and review of use and management plans , as well as over- seeing the physical implementation of capital improvements such as site development and resource management, master and other special plans. Key Projects and Activities 1. Implement adopted Open Space Management staffing study changes . 2 . Commence or continue multi-jurisdictional planning projects for the Los Gatos Creek, Mt. Umunhum, and San Mateo County Baylands Preserves and continue joint public/private planning projects for Skyline Ridge and Hassler Preserves. 3 . Develop, review, and coordinate the implementation of Board approved Use and Management Plan reviews including the implementation of pub- lic access improvements for Skyline Ridge, Purisima, Kennedy Road Area, and Hassler. 4 . Complete the formulation of general District-wide trail use policies and resource management policies for Board approval and prepare staff guidelines for their application to site specific Use and Management Plans . 5 . Complete the update of District Master Plan and include full Sphere of Influence. : Other Typical Projects and Activities 1. Prepare appropriate portions of acquisition reports and grant applications. 2. Prepare environmental assessments , environmental impact reports, and negative declarations in accordance with CEQA requirements . 3 . Review other agency subdivision plans , zoning changes , general plan amendments, and environmental documents that may impact Dis- trict lands . 4 . Continue to encourage cooperative development and management plans (for example, for trails) with other local jurisdictions and special interest groups such as equestrians . 5. Gather input from use and special interest groups relating to site use and management with the aid of the Communications Program. 6 . Work with open Space Acquisition group on review, monitoring, and other input regarding leases for Enterprise Subprogram and on land acquisition referrals . 7 . Prepare specific construction plans and specifications for develop- ment projects and coordinate contracted services . 8 . Continue to implement volunteer student and intern programs and work with private organizations, whenever feasible, to accomplish special planning projects as well as to assist in formulating use and management plans. Page seven 9. Maintain. a standardized series of maps and special presenta- tion materials for all Diptrict lands. 10 . Prepare comprehensive background studies for acquisition or long range management and development decisions for Board and staff . 11 . Continue to plan and implement with California Department of Forestryprescri bed P burns, shaded fuel breaks, and other methods on select preserves for wildfire protection. Required Staff Resources* 60% of time of Land Manager 85 0 06 time o6 PtikLcipat Open Space Ptannen 90% of time of Open Space Planner 850 of time of Environmental Analyst 90 a o 6 time o6 A,s 5oc.%.ate Open Space Ptannetc ( 10 month o 4 yeah) 90% o6 .time o6 Engineetc (.temponany empt.oyee on eonsuttant at 24 homz Pen week) 25% of time of Operations Supervisor 15% of time of Supervising Rangers (3) 40% of time of Administrative Assistant 60% of time of Secretary - Open Space Management :10 % 06 .time o6 Doce�lf Coo,tdinat0n ( 112 time) *Note: May change upon final adoption of Open Space Management Staffing Study currentiv under review. Positions shown in italics repre- sent the 1986-1987 staffing recommendations as discussedin the study. I I I - i i Page eight 1986-1987 Operations , Maintenance , and Volunteer Subprogram Objective The objective of the Operations , Maintenance, and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of these lands . An emphasis of this subprogram is to increase public education regarding natural features and awareness regarding proper use of these lands, as well as to maximize the -volunteer support to aid in the physical implemen- tation of capital improvements. Key Projects and Activities 1. Implement changes approved in adopted Open Space Management staffing study, including new position changes, study of the site and Ranger safety issue, and increased patrol and caretaker help at more remote sites of the District. 2. Provide for security of buildings on Mt. Umunhum and security demo- lition or renovation of buildings on other sites including all 1.1 new lands and at Skyline Ridge, Rancho San Antonio, and Saratoga Gap with help from Enterprise Subprogram. 3. Establish employee safety program approved by Board of Directors . 4. Increase volunteer support by at least 100% by utilizing added District perso=ei, the Trail Information and Volunteer Center, court mandated wclrk programs , and the continuation of special trail maintenance, clean-up and other site improvement events . 5. Explore the -F__S4,biJ '_ity of establishing volunteer foot, bicycle, or ecruestrain -trail patrol groups District wide . Other Typical Pro4eCt -1 s and Activities 1. Provide an active patrol Program focused on educating the public in the proper use of wildland areas and on enforcing District ordinances. , 2. Conduct a docent interpretive program, using Los Trancos Open Space Preserve, Rancho San Antonio Open Space Preserve, and Monte Bello Open Space Preserve, with outreach programs of other Preserves as guided by Relative Site Emphasis Policies. Continue to conduct spring wildflower walks at Edgewood. -Wiruct a docent training program. 3. Continue to provide an active fire rnrn-ement program for all District sites , including both firo 1-r-ev' ention- and suppression and assistance in implementing a T-rescribed burning program. 4. Implement approved and funded portions of site Use and Management Plan recommendations as scheduled, concentrating on site protec- tion and maintenance projects as the highest priority. 5. Complete the contracted study on Ranger and site safety issues and present to the Board of Directors for approval. Page nine 6 . Maintain all District lands and facilities to a standard of appearance and utility in accordance with approved Use and Management Plans and field maintenance calendar. . 7 . Maintain District vehicles , equipment, and field operations offices.' ,S. Continue to monitor increased site use and patterns to provide documented statistics for future Open Space Management decisions. 9. Work with neighboring agencies to develop additional shared main- tenance and/or patrol agreements , including for the District' s baylands properties. 10 . Complete implementation of approved resource management plans, including Russian Ridge , Skyline Ridge, and Windy Hill grazing plans and Monte Bello and Sierra Azul restoration and erosion control plans . 11. Continue a monitoring plan for the Black Mountain campground to measure impacts on staff , caretaker, and natural resources. 12. Monitor trail use conflicts - at Rancho San Antonio, Sierra Azul, and Windy Hill Preserves and implement or revise trail use guide- lines for these areas accordingly. 13. Monitor dog use compliance with MROSD regulations at any sites approved by the Board. 14. Provide after hours call-out services for District sites, primarily through the C-ner=_ 2�4 n i of a ranger residence program, but also through caretakers, ccnt-_-ac-,_ services , and volunteer services . Required Staff R&sal Lrc�s* 40% of dine of Land Manager 15% o6 time o4 Ptincipat Open Space Ptanne& 15% of time of Environmental Analyst 10% of time of Open Space Planner 10% 0� time a Engineet (tempo4a&y employee on consuttant at 24 houu pen week) 100 06 time o6 Azzociate Open Space PtannvL 75% of time of Operations Supervisor 85% of time of Supervising Rangers (3) 1000 06 time o6 Crew Senio4 Ranger (8 months) 100% of time of Rangers (9 for full year, and one additional for 8 months) 1000 04 time 06 Open Space Techniciaw (4 6utt-time and I zeazonat) 60% of time of Administrative Assistant--Open Space Management 40% of time of Secretary - Open Space Management 100% 06 time o6 VotunteeA COOActi.nato& ( 112 time 60A 6 month,6j 900 04 time o4 Docent Cootdinatm (112 time) *Note : May change upon final adoption of Open Space Management Staffing Study currently under review. Positions shown in italics repre- sent the 1986-1987 staffing recommendations as discussed in the study . f Page ten COMMUNICATIONS PROGRAM Subprograms A. Public Affairs and Education B. Organizational Relations C. Media Relations 1 To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communications and involvement in District activities. 1 I I I I i i i i rage eieven 1986-1987 Public Affairs and Education Subprogram Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness-, involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District 's sites , program, and goals. Key Projects and Activities 1. Develop new brochure to present eminent domain policy and explain the District 's land acquisition policies and procedures. Content to be approved by Board. 2. Develop new preliminary mockup of brochure as proposed replace- ment for All-Site brochure, to assist visitors in the enjoyment and preservation of the Open Space Preserves. Describe the oppor- tunities available to enjoy such activities , events and opportunities as photography, hiking, bicycling, picnicking, wildflower walks and wildlife observation, and other special public tours. 3 . Develop sufficient material and new format for special issue of Open Space. Fo=nulate proposal to the Point where the Board can make a decision whether or not to publish the proposed new format. Purpose of the new format is to test-market the potential of Open Space as a medium for attracting wider public interest and partici- patJLon in the District 's programs and activities. Cost recovery proposals will be include� for Board consideration. 4. Develop proposal for a new comprehensive graphic identity and printed image program for the District, including the coordina- tion of design and creation of a new logo for stationery, publi- cations , Ranger uniform patches , District vehicle decals , flags, slides, recognition pins , etc. 5. Assist the Board in the development of a Good Neighbor information and communications program. Other Typical Projects and Activities 1 . Revise brochures to recruit Docents and other volunteers. Print larger quantities to allow wider public distribution throughout the year. Update map and All-Site brochure. 2. Update audio-visual presentation and continue showing it to in- terested groups. Place participants on mailing list to encourage their involvement in District activities such as Docent Programs , special events etc. 3. Continue placement of District display at selected locations. Begin development of new portable "suitcase" display. Page twelve 4 . Based on demographic data from GRC Survey and other information, target low awareness areas for special publicity effort about the District by expanding brochure distribution. i Required Staff Resources 60% of time of Public Communications Coordinator 60% of time of Public Communications Secretary Page thirteen Organizational Relations Subprogram Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District 's funding and other- wise aid in the accomplisl-anent of the District 's goal. Key Projects and Activities 1 . Accomplish priority items for fiscal year in District 's Legisla- tive Program. 2 . Mail special annual report issue of Open Space to public mailing list; to government officials throughout the District and in Sacramento; and to officials of other organizations, including environmental, educational, philanthropic, etc. 3. Conduct a limited bus tour of District lands and/or a joint meeting with San Mateo County Board of Supervisors and Parks and Recreation Commission. 4 . Conduct a comprehensive bus tour of District lands and/or a joint meeting with Santa Clara County Board of Supervisors and Parks and Recreation Ccr-L-tiss-ion. 5. Conduct a joint site tour and opening event at Los Gatos Creek Park for Los Gatcs area officials and interested members of the public. Other Typical Pro sectsand Activities 1. Maintain regular contact with officials of other agencies and private organizations for the exchange of information, coopera- tion on special projects , and participation in special events such as conferences and seminars in order to inform the District staff and Board on current issues. 2. Continue to work with legislators , legislative committees, State and federal administrators , other agencies , private organizations, and interested citizens for information and action regarding State legislation and specific local issues. 3. Continue contact and cooperation with staff and officials of other regional park and open space districts for the purpose of exchang- ing information and technical expertise. 4 . Maintain up-to-date address files of government officials, private organizations , interested groups , and citizens to be used for dis- tribution of Open Space and other pertinent materials and infor- mation. Put mailing lists on District computer, when purchased. 5. Send information about the District to newly elected or appointed officials . I Page fourteen 6 . Provide support to Board members when they make special pre- sentations such as slide shows or public appearances or attend meetings . Prepare packets of District publications and materials relevant to specific audiences whenever possible. Required Staff Resources 20% of time of Public Communications Coordinator 20% of time of Public Communications Secretary i I I I II� Page fifteen -iedi a Relations Subprogram Objective The objective of the ' edia Relations Subprogram is to inform the public as fully as Possible about the District's purposes and activities through ne,,-s stories, features, and public service announcements- in the Press , and on radio and television. ,.ey Projects ands vities 1. Create and r-Laint-a-in an up-to-date set of printed materials on various aspects of: the District' s activities for distribution to the media. Update map. 2 . Continue work with representatives from the Los Altos Town Crier, the PeninsLla Times Tribune, the San Jose Mercury-News, the San Mateo Times , the Country Almanac, the Palo Alto Weekly, and other newspapers . Other Typical Projects and Activities 1. Issue special ne-ws releases to announce unique projects or activities as a-prcr)riate . 2. Continue reuul=- C-7-m-nications with the media in accordance 4 _� With -the Dis -r ?s statement- regarding open information and cooperation. 3. Continue to e -c�h e D i s t r i c t i n magazines, p I ark and is , and environmental newsletters in a-ccordam- ce with Eoard policy. 4. Continue the regular reading, clipping, circulating and filing of newspaper and -magazine articles , utilizing volunteer help whenever possible. 5. Publicize availability of District sites at a level consistent with the Board's policy for the relative emphasis of District sites . 6 . Publicize the Docent Program on selected District sites in accordance with the Board' s policy for the relative emphasis of District sites. 7. 1 Publicize important public hearings to encourage public participation. Required Staff Resources 20% of time of Public Communications Coordinator Of time of Public Communicat'--ions Secretary Page sixteen GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment omplishment of the goals of the District within existing financial and other constraints. c t I I I I I I i i ! f Page seventeen' 1986-1987 General Management and Program Support Objective The objective of the General Management and Program Support is to .provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board 's policies and directives. Key Projects and Activities 1. Provide required functions for the election of District Directors in Wards 1, 2 , 5 and 6 , and familiarize any new Directors with the District's activities . 2. If marketing conditions are favorable, market a new note issue for the acquisition of land. 3 . Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters for District's staff and programs, in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities. 4 . Continue to promote and enhance an atmosphere conducive to gener- ating a creative team effort, including one small and one large staff workshop retreat . 5. Complete implemen--ation of microcomputer system. Other Typical Pro°-c-+-s and Activities 1 . Perform ad-ministrat-ive and legal obligations as required by State law and manac7e District' s main office. 2 . Update Action Plan, prep'are and monitor annual budget, and coordi- nate program evaluations L'or Action Plan progress. 3 . Provide financial management and accounting, including investment of temporarily idle funds. 4 . Administer all of District's personnel functions with assistance of consultant(s) , as necessary, and continue evaluation of overall organization structure and staffing requirements . 5. Implement restructuring of budget accounting system to utilize microcomputer system and to make it more program and project oriented. Required Staff Resources Personnel below work on all programs : General Manager Legal Counsel (part-time under retainer) Controller (1/4 time) Administrative Services Manager Office Manager/Secretary to the General Manager Accounting Specialist (part-time; average of 32 hours per week) Receptionist-Typist (part-time; average of 22. 5 hours per week) i R-86-40 „ (Meeting 86-15 June 11, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 4, 1986 TO: Board of Directors FR024: C. Britton, Assistant General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBiECT: Adoption of Preliminary Budget for Fiscal Year 1986-1987 Recommendation: I recommend that you adopt the formal resolution ad.00ting the preliminary budget for fiscal year 1986-1987. Staff will have alternative Exhibit A material for the resolution available at -your meeting reflecting revised budget figures based on a three, four, or five point salary range adjustment for General Manager appointees. Discussion: At your meeting of May 28 , 1986 you reviewed the General '-Tanager' s report (R-86-31 of May 23) , the Controller' s report (R-86-29 of May 22) , and the Bud Jet Committee' s report (M-86-60 of May 22) re- yarding the proposed 19H-1987 budget, but took no action. The preliminary budget for 1986-1987 is being presented again for adoption. As cf the writing of this report, staff has not received any comments on the proposed budget from members of the public. The budget figures shown in the attached Exhibit A are the same as .chat you reviewed at the May 28 meeting, except appropriate numbers have been reduced by $4 ,100 , the amount a benefit in the General Management Program had been double counted. These budget figures do not include funds for salary range adjustments and corresponding bene- =it increases for General Manager appointees, nor potential increases --or your three Board appointees. As noted in the recommendation, staff will have alternative Exhibit A material available for the reso- lution at your meeting reflecting revised budget figures based on a -hree, four, or five point across-the-board salary range adjustment =or General Manager appointees. ilk RE SOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING PRELIMINARY BUDGET FOR FISCAL YEAR 1986-1987 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The preliminary budget for the KI-d—peninsula Regional Open Space District for the fiscal year 1986-1987 is adopted as set forth in Exhibit A. Section Two. In addition to this District' s allocation of property taxes collected corre- sponding to the maximum tax rate of one percent of assessed valuation for all agencies within each county, a property tax levy in the amount of $670 , 940 shall be made to pay fiscal year 1986-1987 debt service sufficient to retire indebtedness incurred prior to June 6, 1978 , pursuant tc Public Resources Code Section 5544 . 2. Section Three. A total tax rate of ten cents (10(�) per $100 assessed valuation is adopted, or such lesser amount as may be allowable by law. Section Four. An adjustment to land acquisi- tion funds shall be made to reflect any differ- ence between actual revenue and budgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Preliminary Budget- for Fiscal Year 1985-1986 T. REVENUES A. Basic Property Tax Allocation $ 5, 725 ,000 B. Debt Service Property Tax 671,000 C. Prior Years Redemptions 253 ,000 D. State Subventions 460 ,000 E. Interest 800 ,000 F. Grants 467 .000 G. Enterprise Activities 259 ,000 H. Other Income 84 , 000 TOTAL REVENUES $ 8 ,719 ,000 PROCEEDS FROM NOTES PAYABLE 9 , 285 ,000 TOTAL INCOME $ 18 ,004 ,000 ?I . RESERVES $ 1 ,700 ,170 I I. EXPENDITURES � A. Debt Service (Land) 1. Interest $ 1 ,887 ,130 2 . Principal 3 ,350 , 400 SUBTOTAL $ 5 , 237 ,530 B. Salaries 1. General Manager Appointees $ 959 , 650 2 . Salary Incentive Awards 4, 000 3 . General Manager 69 ,400 4. Legal Counsel 51 , 400 5. Controller 3 ,900 Benefits 1. General Manager Appointees 229 ,900 2. General Manager 19 ,100 3 . Legal Counsel 4 ,100 4 . Controller 5 . Directors ' rectors Fees 21 ,000 SUBTOTAL U TOTA L $ 1, 362 , 450 D. Service. Supplies 1. Legal Services $ 5, 000 2 . Regular Outside Services 24,400 3. Land Option Fees 1 ,000 4. Contract Services 261,700 5 . Election/Annexation 37 , 200 6. Library & Subscriptions 2,500 7. Memberships & Dues 900 8. Rents & Leases 84, 650 9. Utilities 241950 10 . Postage 16 ,350 11. Printing & Duplicating 59 , 400 12 . Insurance 56, 500 13. Advertising 7,000 14 . Maps & Aerials 1, 300 15 . Private Vehicle Expenses 10 900 16 . District Vehicle Expense 72 ,300 17 . Conference/Meeting Expenses 20 ,000 18 . Training & Seminars 9 ,750 19 . Maintenance/Repair Equipment 11, 600 20. Computer Expenses 2,000 21 . Office Supplies/Small Equipment 8, 550 22 . Field Supplies/Small Equipment 13 ,350 23 . Outside Maintenance Services 85 ,200 24 . Property Taxes 6 ,000 25. Miscellaneous 300 SUBTOTAL $ 822, 800 E. Fixed Assets 1. New Land Purchases $ 81000,000 f 2. Site Acquisition Expense 118 ,000 3 . Site Preparation Expense 11,000 4 . Leasehold Improvements 37, 000 5 . Structures & Improvements 621, 100 6. Field Equipment 17 , 250 7 . Office Equipment 28200 8 . Vehicles 48 ,500 SUBTOTAL $ 8 , 881, 050 TOTAL OF ALL EXPE14DITURES $16 , 303 , 830 VERSION A EXHIBIT A (3 Point Increase) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Preliminary Budget for Fiscal. Year 1985-1986 I. REtT* uES A.. asic Prc-Derzy Tax Allocation $ 5,725,000 B. Debt Se.-vice Propert Tax _ Y 671,000 C. Prior Years < ed C�s:iD ions 253,000 ' D. S-ate Sub-,jer-- L_;o E. Interest 460 ,000 800,000 F. Grants G. Enterprise Ac`ivities 467 .000 H. Other Income 259,.000 84,000 TOTAL REVENGES $ 8 ,719,000 PROCEEDS FROM \-70 ES PAYABLE 9 ,285,000 TOTAT T%Com-- $ 18 , 004*,000 II- RESERVES $ 1, 668, 320 I=I . EX P D. TT ,DES A. Debt Service (Land) I. Interest $ 1,887,130 2. Principal 3 ,350,400 SUBTOTAL $ 5 ,237 ,530 B. Salaries 1. General Manager Appointees $ 988 ,100 2. Salary Incentive Awards 4,000 3 . General Manager 69 ,400 4 Le gal al Counse l el 51, 400 5. Controller Benefits 3,900 1. General Manager Appointees 233, 300 2. General Manager 19,100 3 . Legal Coun ~sel. 4 . Controller 4 ,100 -0- 5. Directors ' Fees 21,000 SUBTOTAL $ 1 , 394 , 300 D. Services & Supplies I. Leg Services $ 51000 2. Regular Outside Services 24,400 3. Land Option Fees 1,000 4. Contract Services ' 261, 700 5. Election/Annexation 37,200 6. Library & Subscriptions 2,500 7. Mer:berships & Dues 900 S. rents & Leases 84, 650 9. Utilities 24,950 10. Postage 16,350 11. Printing & Duplicating 59 ,400 12. Insurance 56,500 13. Advertising 7,000 14 . Maps & Aerials 1,300 15 . Private Vehicle Expenses 10,900 16 . District Vehicle Expense 72,300 17 . Conference/Meeting Expenses 20 ,000 00 18 . Training & Se:ainars 9 ,750 19 . MLaintenav_ce;repair Equipment 11,600 20. Ccmp rater E, _uses 2,000 21. Office S=p ies/Small Equipment 8,550 22. ='e1i Su_-Dlies/S:mall Equipment 13, 350 23. Outside Maintenance n �_ce Services 85,200 24. Property Taxes 6,000 25. Miscellaneous 300 SUBTOTAL $ 822, 800 E. Fixed Assets 1. New Land Purchases $ 8,000,000 2. Site Acquisition Expense 118 ,000 3. Site Preparation Expense 11,000 4 . Leasehold Improvements 37 ,000 5. Structures & Improvements 621, 100 6. Field Equipment 17 ,250 7. Office Equipment 28 , 200 8. Vehicles 48 ,500 SUBTOTAL $ 8, 881, 050 TOTAL OF ALL EXPE11DITURES $16 , 335, 680 f t (Version A) f ' VERSION B (4 Point Increase) EXHIBIT A MIDPENINSUtA REGIONAL OPEN SPACE DISTRICT Preliminary Budget for Fiscal Year 1985-1986 I. RI'LE =S A. Basic ='"op===' T-x Allocation $ 5,725 ,000 B. abt Ser-7-ce --operty Tax 671,000 C. Prior :ears = a7- �'=-� 7-Pt ions 253,000 ' D. State Subven__Z)ms 460 ,000 E. interest F. Grants 800,000 G. Enterprise Act 467 .000 ivities 467000 H. Other Income 84 -000 TOTAL P—'-VE-?UES $ 8,719 ,000 PROCF,EDS FROM ,�.._ S PAYABLE .9 ,285,000 II. RESERVES $ 1 ,656, 620 A. Debt Service (Land) 1. Interest $ 1,887, 130 2. Principal 3,350 ,400 SUBTOTAL $ 5,237,530 B. Salaries 1. General Manager Appointees $ 988, 600 2. Salary Incentive Awards 4,00 3 . General Manager 69,400 4. Legal Counsel 51,400 5. Controller 3,900 Benefits 1. General Manager Appointees 234,500 2. General Manager 19,100 3 . Legal Counsel. 4 ,100 4 . Controller -0- 5 . Directors ' Fees 21,000 SUBTOTAL $ 1,406, 000 D. Services & Supplies ?. Leg Services $ 5,000 2. Regular Outside Services 24,400 3. Land OPticn . Fees 1,000 4. Contract Services : 261,700 5 . Elect at ion 37,200 6 . Library & Subscriptions 2,500 7. ASS=:berS__ ps & Dues 900 E. Rents & Leases 84,650 9. Utilities 24, 950 LO. Postage 16,350 ll. Printin^ & Duplicating 59 ,400 12. Insurance 56, 500 13. Advertising 7,000 14 . Maps & Aerials 1, 300 15. Private Vehicle Expenses 10,900 16 . District Vehicle Expense 72,300 17 . Confers ce/Meeting Expenses 20 ,000 18. Training & Seminars 9,750 19 . Mainten_,._ze/Repair Equipment 11,600 20_ Ccx.a:; -p _ _ nSes 2,000 21. Cf_ .ve S __ -_-S/Small Equipment 8,550 22. _ 4e1A _-- S sc�l_esSma y _ / 11 Equipment 13 ,350 23 . Cuts i de idaint_nance Services 85,200 24 . Prcperty Taxes 6,000 25. Miscellaneous 300 SUBTOTAL $ 822,800 E. Fixed Assets 1. New Land Purchases $ 81000,000 2. Site Acquisition Expense 118, 000 3. Site Preparation Expense 111000 4. Leasehold Improvements 37, 000 5. ' Structures & Improvements 621,100 6. Field Equipment 17, 250 7. Office Equipment 28,200 8 . Vehicles 48,500 SUBTOTAL $ 8, 881, 050 TOTAL OF ALL EXPENDITURES $16 , 347,380 (Version B) I ` VERSION C (5 Point Increase) EXHIBIT A MIDPENINSUtA REGIONAL OPEN SPACE DISTRICT Preliminary Budget., for Fiscal Year 1985-1986 x. REVENUES A. Basic Propert`,r :pax Allocation $ 5,725,000 B. Debt Se,-vice Prop,- Tax_yty 671,000 C. Prior Years s. ions 253,000 D. State Subven=_o:is 460,000 E. Interest 800,000 F. Grants 467 .000 G. Enterprise Act'v'P z 3 'ties 259,000 H. Other Income ' 84;000 TOTAL REVENUES $ 8,719 ,000 PROCEEDS FROM NOTS PAYABLE 9 ,285,000 TOTA.1 $ 18,004,000 II. RESERVES $ 1, 646,020 A. Debt Service (Land) 1. Interest $ 1,887, 130 2. Principal 3 ,350 ,400 SUBTOTAL $ 5,237 ,530 B. Salaries 1. General Manager Appointees $ 1, 007, 900 2. Salary Incentive Awards 4,000 3. General Manager 69,400 4. Legal Counsel 51, 400 5. Controller 3,900 Benefits 1. General Manager Appointees 235.1800 2. General Manager 19 ,100 3. Legal Counsel 4 ,100 4 . Controller 5. Directors ' Fees 21,000 SUBTOTAL $ 1 ,416, 600 D. Service, Supclies 1. Legal Services $ 5,000 2 . Regular Outside Services 24 , 400 3. Land Option Fees 1,000 4. Contract Services 261,700 5 . Election/.�n_lexation 37 ,200 6 . Library & Subscriptions 2,500 7. R?embersh i ps & Dues 900 8. Rents & Leases 84, 650 9. Utilities 24,950 10 . Postage 16,350 11. Printing & Duplicating 59 ,400 12. Insurance 56, 500 13. Advertising 7,000 14 . Maps & Aerials 1, 300 15 . Private . Vehicle Expenses 10, 900 16 . District. Vehicle Expense 72 ,300 17 . Expenses 20 ,000 18. T_ainnc 5_W ._.pars 9 ,750 Q -- _ _ 19 ____.__� , _�.p:.ir Equipment 11,600 20. C= ___r_= ,= nsas 2,000 21. -f__c_ Spp Supplies/Small Small Equipment 8,550 22. 'Field Suolies Snall Equipment 13 350 23 . Outside Maintenance Services 85,200 24 . Property Taxes 6,000 25. Miscellaneous 300 SUBTOTAL 822, 800 E. Fixed Assets 1. New Land Purchases $ 8,OOO,000 i 2. Site Acquisition uisiti on Expense 118,000 3. Sit e P Preparation p Expense 11,000 4 . Leasehold Improvements P i 37, 000 5. Structures & Improvements 621,100 6. Field Equipment 17, 250 7 . Office Equipment 28 ,200 8. Vehicles 48,500 SUBTOTAL 8,881, 050 TOTAL OF ALL EXPEI:DITURES $16, 357 , 980 (Version C) R-86-32 (Meeting 86-15 June 11 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 2 , 1986 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: Proposed Addition to the Sierra Azul Open Space Preserve , Mt. Umunhum Area (Lands of North et al - Rader) Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of 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 or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve Lands of North et al - Rader) . 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, Mt. Umunhum. Area, and indicate your intention to withhold the property from dedication. Discussion: On April 16 , 1986 , you adopted Resolution 86-27 (see report R-86-24 of April 10 , 1986) authorizing acquisition of a one-half interest in a 143 acre parcel as an addition to the Sierra Azul Open Space Preserve. The property was identified as the North et al parcel in the Mt. Umunhum Area of the Preserve. The Midpeninsula Regional Open Space District now has the opportunity to purchase an additional one-quarter interest in the same property. The property lies east of Highway 17 in an unincorporated area of Santa Clara County, outside but adjacent to the District boundary and in the District 's Sphere of Influence (see attached map) . The property is located on a steep south-facing ridge east of El Sombroso, one of the prominent peaks in the Sierra Azul. The Sierra Azul Range, the name given to the southern part of the Santa Cruz mountains , forms a prominent ridge about 25 miles long south of Saratoga Gap and provides the scenic backdrop for Los Gatos and the southern peninsula. Although a corner of the property adjoins the Mt. Umunhum. Area of the Sierra Azul Open Space Preserve, currently there is difficult public access. Eventually the property could become a link in a trail system between El Sombroso and a Guadalupe recreational corridor along Hicks Road to Almaden Quicksilver Park. R-86-32 Page two A. Interim Use and Management Recommendations The interim use and management recommendations approved at the time of the initial acquisition were : 1. The site will be open to hikers and equestrians who can gain access from adjacent District lands . 2 . Preserve boundary plaques will be installed where appropriate. Estimate costs of $30 will be included in 1986-1987 budget preparation. No additional recommendations are necessary at this time. B. Dedication This property should be withheld from dedication at this time to allow for the possibility of the transfer of density rights or a future realignment of preserve boundaries. C. Naming This property should become an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve. D. Terms As mentioned earlier in this report, this transaction includes only the acquisition of an additional one-quarter interest in a 143 acre property in which the District already holds a one-half interest. This purchase would be on the same basis of $700 per acre for the full fee, or $175 per acre for the one-quarter interest. The total purchase price is therefore $25 ,025 to be paid in cash at close of escrow. In addition, the District would pay a $1,000 Real Estate Commission in accordance with Paragraph 5 of the attached Purchase Agreement. Once escrow closes on this transaction, the District 's interest in this property should be sufficient to continue to pre- serve the entire 143 acres as scenic backdrop and watershed lands. �;..r.,, - •� [-L`�_ ,Jj ' �t�_ I ��' ,. �� II rN„rl utf'., l�-��. v ter. `. ✓ t—r —cr 1 .., ` iV i � t � 1 rMIL \VA5•�',�,;t � r/�'','Jyhr �1 'f'�� f/'f`'\` ._f �5. N 'D`'S AT PROPOSED ADDITION J ONE-QUARTER INTEREST IN 143 ACRES - � -- (DISTRICT CURRENTLY HAS ONE-HALF INTEREST) LMADEN QUICKSILVER COUNTY PARKTT El' S o m b r os o elc ;\, GO� - � f ,.c'' ' �f� � \=�� _ �;�`�\� a °• �==z_�•,,,nyy ipan '� _. :: :f ) - ¢� _ �� ira�•Lc 3�� - �. � �+a o � � ,_9 h111�3'�ar �_ PRIVATE PROPERTY (�� (' it �e•� '/ -��. (J nayery1,�1i ,' iV1 l 'lu r 11 r�1 �:- - �' '� I - 56 r SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA SCALE 1"=2000' NORTH SIERRA AZUL OPEN SPACE PRESERVE MT. UMUNHUM AREA _ ___ I I I i i i �, T RESOLUTION NO. 86-31 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF NORTH ET AL - RADER) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Helen L. Rader, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * I� PURCHASE AGREEMENT D THIS AGREEMENT is made and entered into by and between HELEN L. RA ER, hereinafter called "SELLER" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER' S one-fourth (4) interest in and to that certain real property located within an unincor- porated area of the County of Santa Clara, State of Califor- nia, containing approximately one hundred forty-three acres (143) more or less, and commonly referred to as Santa Clara County Assessor' s Parcel Nos. 562-08-013 , -014 , and -015 and being more particularly described in Preliminary Title Report No. 196526 , dated January 22, 1986 , from Valley Title Company; said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights or use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. 2. PURCHASE PRICE AN-D MANNER OF PAYMENT The total purchase price shall be Twenty-Five Thousand � Twenty-Five and No/100 Dollars ($25,025,00) payable in cash at close of escrow as hereinafter provided. I 3. TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances , judgments, ease- ments, taxes, assessments , covenants, restrictions, rights, and conditions of record except: I a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid. for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten Exception Number 1 as listed in said Preliminary Title Report (Exhibit "A") . I I Purchase Agreement - Rader Page Two 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall pay a real estate agent's fee in connection " with this transaction in the amount of One Thousand and No/100 Dollars ($1 ,000. 00) to Lester H. Strickler of Los Gatos Invest- ments, at close of escrow as further provided herein. DISTRICT has not dealt with any other real estate agent in connection with this transaction, and recognizes Los Gatos Investments as the procuring broker. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affectingall or an portio n of the e Y P subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRIC T for any and all costs liability, loss, da�-^age or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et secs. of the California Government Cade) . 7 . WAIVER OF STATUTORY COMPENSATION SELLER understands that she may be entitled to receive the fair market value of the property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seq. SELLER acknowledges that she is familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights she may have to receive the fair market value of the property under any applicable Federal or California law. 8. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days after the execution hereof by SELLER to accept and execute this Agreement, and during said period this ins trument i P shall constitute an irrevocable offer b SELL ER LER to sell and convey the afore- said real I� property to DISTRICT P P Y for the consideration and under the terms and conditions herein set forth. As con- sideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . I I i Purchase Agreement Rader Page Three Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable, but not more than thirty (30) days followi-ng the 'acceptance and execution by DISTRICT, through 4 an escrow (No. 196526) to be conducted by Valley - T1- le Company, 300 South First Street, San Jose, CA 95113 , or other such escrow holder as may be acceptable to SELLER and DISTRICT. 9. AC^7Z, -I UA-T, The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. % MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Helen L. Rader Date: 7 Stanleyy Nortoorto District Counsel ACCZ, PT FOR RF-C=,,L NDATION: T. Cr- 9 Britton,--S'fVWA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District�Clerk Date: VALLEY TITLE COMPANY PRELIMINARY REPORT XX 300 South First Street—San Jose,95113 (408)292.7150 —605 Castro Street—Mountain View.94040(415)968-4427 —2354 Alum Rock Avenue—San Jose,95116 (408) 251-8500 —10625 South De Anza Boulevard—Cupertino,95014(408)253-7630 —14526 Camden Avenue—San Jose,95124 (408)377-7911 —1930 South Bascom Avenue—Campbell,95008 (408)371.7891 ESCROW NO. 196526 Amended (PD) Dated as of January 22, 1986 at 7:30 a.m. In the event of cancellation,a minimum charge of$200.00 will be made. If the escrow has not closed within 90 days I rom the date hereof,cancellation will be eff acted unless other provisions are made. In response to the above referenced application for a policy of title Insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance con templated by this report is: 1. California Land Title Association Standard Coverage Policy XX_ 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential i itle Insurance Policy 4. American Land Title Association Loan Policy T Page of VTC -216 PL/ep y ` 196526 Amended SCHEDULE A 1. The estate or interest in the land hereinafter describedreferred or a erred to covered or 'c red by this Report +s: i A Fee, as to Parcel One An Easement, as to Parcel Two 2. Title to saidestate or intere st at the date hereof is vested in: JOHN R. NORTH and MARTHA NORTH, his wife, as joint tenants, as to an undivided 1/2 interest; ARNOLD B. ALLEN and MARGARET V. ALLEN, his wife, as joint tenants, as to an undivided 1/4 interest; and HELEN L. RADER, as to an undivided 1/4 interest I 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: Ili Cont 'd on next page) � P 9 I EXHi0f I Page 196526 Amended PARC EL ONE: Lot 1, the South one-half of the Northeast one-quarter and the Northwest one-quarter of the Northeast o e- quarter of Section 6 Township 9 South , Range 1 East, Mount Diablo Base and Meridian, according to the Official Plat of the survey of said lands on file in the office of the Bureau of Land Management, approved October 10, 1883 . PARCEL TWO: An easement for the purpose of ingress and egress over a strip of land 50 feet in width the centerline of which is more particularly described as follows: BEGINNING at the point of intersection of the centerline of an existing roadway with the Easterly line of Lot 11 in Section 31, Township 8 South , Range 1 East, M. D. B. & M. ; thence in a general Westerly direction along the existing roadway past the existing cabin to the terminus of said existing roadway near the top of a ridge; thence in a general Southerly direction following said ridge in the most practical location to a point on the Northerly line of the Northwesterly 1/4 of the Northeast 1/4 of Section 6, Township 9 South, Range 1 East and the terminus of said easement as granted by Dale M. Stanton and Naomi E. Stanton, his wife, to Alden O. Sage, et al, by Deed dated September 5, 1961, recorded September 13 , 1961 , Book 5295 of Official Records , page 366, Santa Clara County Records. it I I I I 196526 Amended SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . The lien for property taxes for the fiscal year 1985-1986 securing: a. Additional amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979 . b. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3. 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California . END OF SCHEDULE B NOTE l: Taxes for the fiscal year 1985-1986 have been paid. Receipt No. 562-08-013. Code 72-007 . First Installment $95.02 . Second Installment $95 .02 . (Affects the Northwest 1/4 of the Northeast 1/4 of the premises) Receipt No. 562-08-014 . Code 72-007 . First Installment $74 .71 . Second Installment $74 .71. (Affects Lot 1 ) Receipt No . 562-08-015. Code 72-007. First Installment $120.61 . Second Installment $120 .61. (Affects the South 1/2 of the Northeast 1/4 of the premises) NOTE 2 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: NONE (no short term) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any of all of which arise by reason of the following: Part 1 1. Taxes or assessments which are not shown as existing liens 7. Any law, ordinance or governmental regulation (including by the records of any taxing authority that levies taxes or assess- but not limited to building and zoning ordinances) restricting or ments on real property or by the public records. regulating or prohibiting the occupancy, use or enjoyment of the Proceedings by a public agency which may result in taxes or land, or regulating the character,dimensions,or location of any assessments, or notices of such proceedings, whether or not improvement now or hereafter erected on the land,or prohibiting shown by the records of such agency or by the public records. a separation in ownership or a reduction in the dimensions or 2. Any facts, rights, interests or claims which are not shown area of the land, or the effect of any violation of any such law, by the public records but which could be ascertained by an in- ordinance or governmental regulation. spection of the land or by making inquiry of persons in pos- 8. Rights of eminent domain or governmental rights of police' session thereof, power unless notice of the exercise of such rights appears in the 3. Easements, liens or encumbrances, or claims thereof,which public records. are not shown by the public records. 9. Defects, liens, encumbrances, adverse claims or other 4. Discrepancies, conflicts in boundary lines, shortage in area, matters (a) created,suffered,assumed or agreed to by the insured encroachments, or any other facts which a correct survey would claimant; (b) not shown by the public records and not otherwise disclose,and which are not shown by the public records. excluded from coverage but known to the insured claimant either 5. (a) Unpatented mining claims, (b) reservations or excep• at Date of Policy or at the date such claimant acquired an estate' tions in patents or in Acts authorizing the issuance thereof; (c) or interest insured by this policy or acquired the insured mortgage water rights,claims or title to water. and not disclosed in writing by the insured claimant to the Com- 6. Any right, title, interest, estate or easement in land beyond pany prior to the date such insured claimant becameaninsured the lines of the area specifically described or referrred to in hereunder; (c) resulting in no loss or damage to the insured claim- Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ant; (d) attaching or created subsequent to Date of Policy;or (e) ways or waterways, but nothing in this paragraph shall modify or resulting in loss or damage which would not have been sustained limit the extent to which the ordinary right of an abutting owner if the insured claimant had been a purchaser or encumbrancer for for access to a physically open street or highway is insured by this value without knowledge. policy. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM S-1970 (AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning o(dinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the,insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Co m- pany Prior to the date such insured claimant became an insured s d hereunder; c resulting g in no lass or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;(e) resulting in loss or damage which would not have been sustained if the insur- ed claimant had paid value for the estate or interest insured by this policy. (List of Printed Exceptions and Exclusions Continued t ued on Reverse Side) EXHIBIT Page of s - r LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY•1979 EXCLUSIONS in addition to the exceptions in Schedule B.you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: •land use .land division •improvements on the land •environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2 The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks. •that are created,allowed,or agreed to by you •that are known to you,but not to us,on the Policy Date-unless they appeared in the public records. •that result in no loss to you •that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right •to any land outside the area specifically described and referred to in item 3 of Schedule A,or •in streets,alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B.EXCEPTIONS In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: Part 1 Id (a) Any rights, interests or claims of parties in possession of the land not shown by the public.records. (b) Any easements or liens not shown by the public records. This exception does not limit the lien coverage in item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights,claims or title to water on or under the land. 4. AMERICAN LAND TIT LE ASSOCIATION LOAN POLICY-1870 WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17.70) ( SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimen- sions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a)created,suffered,assumed or agreed to by the insured claim- ant; (b) not known to the Company and not shown by the public records but known tothe insuredclaimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired theinsuredmortULveand not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured.here- under; (c) resulting in no loss or damage to the insured claimant,(d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy.) 4. Unenforceability of the lien of the insured mortgage because,of failure of the insured at Date of Policy or r,f any sub quent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. EXH T 9 13 Page' � a a l �JY �r � J a y o y / 4�T OigB�p M OpFN . fR1pJ� S/J II l0 4 cIr . Y-24727S • REl T 9S 6 FI MIT -7-10 f h Ge J`r JF M-86-63 Meeting 86-15 AA. June 11, 1986 Ic MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 28 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Change to Rules of Procedure Regarding Director' s Compensation Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending the Rules of Procedure. Background: At your meeting of May 14, 1986 you considered a report (M-86-45 dated May 6, 1986) from the Budget Committee regarding Director' s Compensation. The key decision you made (subject to amend- ment of your Rules of Procedure) was to change the maximum compensation a Director may receive in a month from $200 to $300 and to allow compen- sation for most committee meetings. The Budget Committee recommended to you (see memorandum M-86-60 dated May 22, 1986) at your May 28 meeting those committee meetings that should not be compensable. Based upon your discussion of May 14, District Legal Counsel and I have prepared an amended Section 2. 30 to your Rules of Procedure, as given in the attached Resolution. i RESOLUTION NO. Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending the . Rules of Procedure Be it resolved that effective July 1 , 1986 Section 2.30 of the Rules of Procedure of the Board of Directors of the Mid- peninsula Regional Open Space District shall be amended to read as follows : 2.30 Members of the Board shall receive one hundred dollars ($100 .00) for each attendance at a Board Meet- ing. A Board meeting includes a special meeting, a continued meeting, a closed session, a public hearing, or a meeting of a committee of the Board, unless the Board indicates that service on a particular committee is noncompensable. Only Board members who are members of the committee"`may be compensated for attendance at the meeting. A committee of the Board includes a committee of one and. a Board-appointed representative (s) on a committee established by another organization. The maximum total compensation per Board member allow- able under this section shall be one hundred dollars ($100 .00) per day and three hundred dollars ($300 . 00) per calendar month. t�r r ca. �P n � J R-86-38 (Meeting 86-15 A. %1&4� June 11, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 5 , 1986 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Woods , Open Space Planner; A. Cummings , Environmental Analyst SUBJECT: Proposed Acceptance of Open Space Easement and Fee ,Dedication as an Addition to the Sierra Azul Open Space Preserve Kennedy Road Area (Blair Property) Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Open Space Easement and Fee Dedication, Authorizing Officer to Execute Certificate of Acceptance of Grant to Dis- trict, 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 - Lands of Blair) . I further recommend that you tentatively adopt the Interim Use and manage- ment Plan recommendation contained in this report, including the naming of the real property interests as additions to the Sierra Azul Open Space Pre- serve - Kennedy Road Area, and indicate your intention to dedicate the fee and easement interests in the property as public open space. Introduction: The District and the Town of Los Gatos have been offered the opportunity to accept the dedication of an open space easement over 38.42 acres of land within the Town limits south of Kennedy Road. An additional 4 acres at the upper end of the property would be dedicated in fee title to the District. The District, in turn, would grant the Town an easement over this fee title area to assure its permanence as public open space and rec- reation land. These property interests will fill the qap in the center of the Kennedy Road Area of the Sierra Azul Open Space Preserve and provide scenic backdrop and watershed protection for the Town of Los Gatos (see attached map) . A. Description of the Site 1. Size, Location and Boundaries This 42 .42 acre property is located near the southeast corner of the Town limits of the Town of Los Gatos , and is surrounded on three sides by District lands. To the east is the main Kennedy Road Area, to the south is the former Eilertsen property (also a joint project with the Town of Los Gatos) , and to the west is the former Liebelt property. To the north is private property on which a house will be constructed by the grantors of the 1property interests being considered in this report. R-86-38 Page Two 2 . Topography, Geology and Natural Landscape The long narrow property consists of a steep-sided canyon opening to the north. Elevations range from a high of 1700 feet in the 4 acre fee parcel at the southern tip of the site to a low of 870 feet on the northern boundary of the open space easement parcel. A tributary of Guadalupe Creek arises in the southeast corner, paralleling the eastern boundary of the property. There are also springs on the property. The spring watered slopes support dense riparian woodland dominated by madrone, oak and bay trees. The presence of water makes the property a valuable wildlife habitat for such animals as deer, raccoon, opossum, squirrel, salamanders, and a variety of birds . Soils are of the Los Gatos and Maymen type, shallow and severely eroded. The Shannon Fault is located approximately one mile to the north and the San Andreas Fault Rift Zone is three miles to the west. B. Planning Considerations The property is within the Town of Los Gatos and is zoned Hillside Resi- dential (HR) . Open space use of the land is consistent with the Town 's General Plan. The Town has designated Kennedy Road, north of the prop- erty, as a rural scenic route. The property has a medium rating in the District 's Master Plan, a com- posite rating system indicating the importance of the land as open space. Most of the hillsides have a slope greater than 50 percent. These steep shallow-soiled slopes permit rapid runoff and erode rapidly when vegetation is removed or grading or off-road vehicle use occurs . The open space easement specifically prohibits such damaging uses. The property forms part of a scenic backdrop visible from much of the urbanized North Valley Area, and is part of the Guadalupe Creek water- shed. C. Current Use and Development The area north of the property, between Kennedy Road and the open space easement parcel, is proposed to be developed with a 13 ,000 square foot single family private residence. The Cuber Librer Road branches south from Kennedy Road, providing access to this area. An old ranch road is located in the eastern part of the easement parcel, but it is currently overgrown. There are no structures on the property being received. D. Potential Use and Management 1. Easement Parcel (38 . 42 acres) The open space easement being offered to the District and the Town is designed to conserve the natural values of this parcel (see Exhibit I for details) . Under the terms of this easement, the gran- tors would retain fee title to the property but would promise not to construct any improvements , mine, destroy plant or animal life, grade , or use motorized vehicles on the property, except for devel- oping water lines from the natural springs and maintaining the vege- tation in a safe condition. In return, public trespass on the prop- erty would be prohibited. The District and Town would also be given the right to inspect the easement parcel once every three years to insure compliance with the agreement, or more often in emergency situations. R-86-38 Page Three 2 . Fee Title Parcel (4 acres) This parcel, located at the upper southerly end of the property, is surrounded on three sides by the Kennedy Road Area Open Space lands , but there are currently no trails permitting access in this area. There is potential for a trail connection from the main north-south trail to the former Liebelt property across this parcel, but such a connection is also now possible through the newly acquired former Eilertsen property to the south. Thus , the main value of the property at present is as scenic backdrop, wildlife habitat and pro- tected watershed. A trail location study will be conducted in the future to determine the best routing in this area. E. Interim Use and Management Recommendation 1. Boundary plaques will be installed where appropriate. F. Dedication I recommend that you indicate your intention to dedicate the fee and easement interests in this property. G. Name This property should be named as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area. H. Terms District staff has worked with three consecutive owners of this property over the last 8 years to preserve major portions of the upper viewshed. Some of the potential acquisition projects included a transfer of den- sity rights and a cooperative purchase of the entire property with the Town of Los Gatos. Because this is a very desirable area, funds have been unavailable for purchase of the lower 25 acre area of this 67 acre property. The transaction now before you is the dedication of in- terests in the upper, southerly 42 .42 acres of the property in conjunc- tion with the development of the lower 25 acre parcel into an individual residential homesite with an abundance of appurtenances and amenities . District staff has worked closely with the Town staff, and the level of cooperation has been gratifying. The open space easement dedication will be granted jointly to the District and the Town, with the District assuming the major compliance responsibilities . The fee title area will be held by the District, subject to a Park, Scenic, Recreation and Open Space easement in favor of the Town. This easement is patterned after the easement recently granted to the Town as a part of the cooperative purchase of the former Eilertsen property. IN 44 • \ � � A gas _ '�• -t >� �i r r,.: 4s�.; - / -�, 63 so . _ _ I' KENNEDY ROAD AREA ,bra _ _- � � T' son .°' PROPOSED ACQUISITION (A) r> �' _ CAS CONSERVATION EASEMENT" ,ye■ tit B FEE TITLE Open Space /l j��> r. � ;, A,g it Easement AA• - .(l� if r u9 �.. r � i1400� ��,, ��. NIL■�t j _ ',, ��` ", r -�, _t T. ( �/ Ali sr■._.. �er„�w�eu,wn;►-..� ..��.a.....;.�.. .� :_. .._ .�_.__.:. .- - - 1. � i .l a\ .�o\� � naf'at i 1 l E Sombr.. S0 • t' - _ 4 iArea d - n r $■uns�w�ri.sew.' �\ `/1 E-z nter ; .- i - ' art .�.. , _ ., S " + OUR aertino , `a�y t ■, } : z San x �` ��. °n =^Jose* 2 . F, t .Y Campbell;` AM 2 ' l%2400 All/i � J Sereno - .r `\_y �_,�-` _. �... .__ ..�\�,O��l/��11 \I•! X2,20-1, ■ / i 1 Los Gatos ALMADFN t � OUICXSILVFA 'Ea �rpx ,CO PX ■3 i M7 f"Tll LFXfN670N RES. OUADALUPE AES.4YA7ER '. - t _ ._.---- Sierra AZUl `M■p`■�� A .k I EC.ATEA AA-EA RFC ARE - - ` f Open Space Preserve FFFF .. �ma L• s - Redwood •Aid Mit r Eslatcs �lain cl •"� 4 `- 1" = 2000 ' Pdorth y • i3 9 Li�BJG�l13�� . •. �� RESOLUTION NO. 86-33 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF OPEN SPACE EASEMENT AND FEE DEDICATION, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE PARK, RECREATION, SCENIC AND OPEN SPACE EASE- MENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF BLAIR) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer of dedication from James Blair and Donna Blair, husband and wife , of a Grant of Open Space Easement with Covenants to Midpeninsula Regional Open Space District and the Town of Los Gatos, a copy of which is attached hereto as Exhibit "I" and by reference made a part hereof, and authorizes the President or appropriate officers to execute the acceptance of the Grant of Easement on behalf of the District. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer of dedication from James Blair and Donna Blair, husband and wife, of a Grant of Fee Title to Midpeninsula Regional Open Space District, a copy of the legal description of which is attached hereto as Exhibit "II" and by reference made a part hereof. Section Three. The President of the Board of Directors or other appropriate officer is authorized to execute. a Certificate of Acceptance to any deed (s) granting fee title to said property (Exhibit II) . Section Four. The President of the Board of Directors or other appropriate officer is authorized to execute the Park, Recrea- tion, Scenic and Open Space Easement attached hereto as Exhibit "III" and by reference made a part hereof, in favor of the Town of Los Gatos over said property (Exhibit Section Five. The General Manager of the District shall cause to be given appropriate notice of acceptance to the property owner and the Town. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. * * * * * * * * * * * * * * * * * * * * * * * * r ; I EXHIBIT I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 I 1 i GRANT OF OPEN-SPACE EASEMENT WITH COVENANTS I RECITALS i WHEREAS, 1. The undersigned, James Blair and Donna Blair, husband ; and wife, as community property (collectively "GRANTOR" ) , are the owners of the fee simple estate in and to that real property (the "Subject Property" ) , situated in the County of i Santa Clara, State of California, more particularly described i in Exhibit "A attached hereto a �nd made a part hereof . i 2. It is the desire of GRANTOR to grant to Midpeninsula i Regional Open Space District, A Public District the ( I I "District" ) , and the Town of Los Gatos (the "Town" ) , an open-space easement on, upon, over , and across the -Subject I � I I I -1- i I i r 04 .23 . 86 B228-004 realestl-1230 Property pursuant to Chapter 6. 6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the California Government Code and Section 5540 of California Public Resources Cade . The District and the Town shall hereinafter colle ctively Y be referred to as "GRANTEE" . 3 . The GRANTOR and GRANTEE recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of conserving the natural values of their respective properties i by the conveyance of an open-space easement on, over, and across the Subject. Property which shall conserve and protect the bird and plant population and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance of the Subject Property in its natural, scenic, open and wooded condition. 4 . This Grant of Open-Space Easement with Covenants is referred to herein as the "agreement" or the "easement. " NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: Grant of Open-Space Easement i 1. GRANTOR hereby grants to GRANTEE an open-space easement on, upon, over, and acro ss oss the Subject Property P y and i relinquishes to the public in perpetu ity th e right ght to construct improvements thereon. -2- I ` 04 . 23 . 86 B228-004 realestl-1230 2 . GRANTOR covenants and agrees for itself and its successors and assigns that GRANTOR, its successors and assigns singularly or in combination: (a) Shall not erect, construct, place or maintain or grant permission for the erection, construction, placement or maintenance of any improvement, building or structure or any other man-made thing whatsoever on the Subject Property which would impair the open-space nature of the Subject Property other than such improvements, building, structures, or other things existing on the Subject Property at the time of the granting of this easement. (b) Shad not use or grant permission to others to use the Subject. Property or any portion thereof as a parking I lot, storage area or dump site or otherwise deposit or grant permission to others to deposit on the Subject Property or any pardon thereof, temporarily or otherwise, anything whatsoever which is not indigenous or natural to the Subject Property. (c) Shall not cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not constitute natural cover for the land, and shall not otherwise disturb the natural cover for the land, specifically excluding the repair or maintenance of any existing roads on the Subject Property or the placing of gravel or other non-impervious material upon any roads existing .as of the date of this easement. i -3- 04 . 23 . 86 B228-004 realestl-1230 (d) Shall not mine, extract, sever or remove nor grant permission to others to mine, extract, sever or remove or cause to be mined, extracted, severed or removed any natural resource found or located on, above or under the Subject Property or otherwise engage in or grant permission to others to engage in any activity on the Subject Property which will or may destroy the natural and scenic open-space characteristics of the Subject Property. (e) Shall not fish, trap, hunt, capture, kill or destroy or grant permission to other for the fishing, trapping, hunting, capturing or destruction of fish or other marine or aquatic life of the Subject Property, except for health or safety purposes and With the prior written consent of the Town, if required by law. (f) Shall not hunt trap or grant permission to others for the hunting or trapping of animal life on the Subject Property. Pursuant thereto, GRANTOR, its successors or assigns shall not trap, kill, capture or destroy or grant permission to others for the trapping, killing, capturing or destruction of animal life on the Subject Property, except for health and safety purposes and with the prior written consent of the Town, if required by law. (g) Shall not divide or subdivide the Subject Property or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to I -4- I i 04 . 23 .86 i B228-004 i realestl-1230 f one or more parties, or convey the Subject Property to two (2) or more parties each of whom acquires title to less than the whole of the Subject Property. As used herein "party" means and includes any person, corporation, partnership, or other legal entity capable of holding title to real property. (h) Shall not cut, uproot or remove or grant permission to others for the cutting, uprooting or removal of timber or trees or other natural growth found or located on the Subject Property, except as may be permitted pursuant to Paragraph 3 . (i) Shall not excavate or grade or grant permission to others for any excavation or grading to be done, or place or grant permission to others for the placement of any sand, soil , rock, gravel or any other such material whatsoever on Subject Property, except as permitted pursuant to Paragraph 2(c) . ( j) Shall not operate or grant permission to others for the operation on the Subject Property of any motor bike, trail bike, go-cart or other motor-driven or motor-powered vehicles, except those motor vehicles for GRANTOR' s use but only if such use does not impair the open-space nature of the Subject Property, or such use is reasonably necessary for the accomplishment of the purpose for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property. "Grantor ' s use'" as used herein shall be deemed to include use -5- 04 . 23 . 86 B228-004 realestl-1230 i by Grantor and Grantor ' s employees, agents, invitees, and independent contractors . Grantee ' s Rights 3 . Notwithstanding any other provision hereof, this easement agreement shall not restrict, in any manner, GRANTOR' s right: (a) to develop any natural springs on the Subject Pr operty, to install underground water lines on the Subjec t Property, and to remove water from the Subject Property; and (b) to perform such maintenance, repair and removal work on the Subject Property as may be necessary to preserve the vegetation and ground cover in a healthy and safe condition, or to construct and mantain foot trails on the Subject Property. Such maintenance , repair and removal work shall include the i pruning of trees, thinning and removal of trees and vegetation for fire safety purposes, elimination of dead or diseased growth, and removal of poison oak and other unsafe or hazardous vegetation, provided a tree removal permit is obtained from the Town, if required by law. Right to Prevent Prohibited Use 4 . GRANTOR grants to GRANTEE its successors and assigns for the term of this easement the right, but not the obligation, to enter upon the Subject Property, at its risk, for the following purposes : (a) to conduct regular general inspections of the Subject Property, in no event to exceed more than one (1) such regular general inspection every three (3 ) I I -6- i i. 04 . 23 . 86 B228-004 realestl-1230 calendar years, unless GRANTEE has reasonable cause to believe that GRANTOR is in material default of the terms of this agreement, in which case GRANTEE shall have the right to an interim general inspection, in no event to exceed more than one (1) interim general inspection of the Subject Property in any calendar year; and (b) to investigate an alleged specific violation of the easement agreement, but only after a bona fide third party complaint or report has been made to GRANTEE of such specific violation; and (c) to investigate and halt activity on or use of the Subject Property contrary to the terms of this easement agreement which, if not immediately acted upon, would result in a material breach of this agreement causing irreparable harm to the open-space nature of the Subject Property ( ";emergency Inspection" ) . With respect to the regular and interim general inspections referred to in subparagraph (a) , GRANTEE shall be required to give GRANTOR thirty (30) days prior written notice before conducting such inspections . With respect to GRANTEE ' s right to enter the Subject Property after a reported violation pursuant to subparagraph (b) , GRANTEE shall be required to give GRANTOR prior notice either in writing or by telephone of the claimed violation within two (2) days of receipt of the specific complaint or report of the violation, and a period of five (5) days after receipt by GRANTOR of notice of the violation within which to respond to GRANTEE regarding the existence of the -7- I _ 04 .23. 86 B228-004 i realestl-1230 I I claimed violation and the need for such an inspection. In the case of an Emergency Inspection referred to in subparagraph (c) , no prior telephone or written notice shall be required from GRANTEE to GRANTOR before GRANTEE enters upon the Subject Property, unless reasonable under the circumstances. Enforcement 5 . The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them, including the right of GRANTEE to require GRANTOR TOR to perform dorm any restoration work reasonably required due to a breach of this agreement, may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. No A.utt orization for Public Trespass 6 . The granting of this easement and its acceptance by GRANTEE does not authorize and is - not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any dedication or any other tangible rights in or to the Subject Property or the right to go upon or use or utilize the Subject Property in any manner whatsoever . It is understood that the purpose of this easement is solely to restrict construction of buildings, structures, and other above ground level edifices on the Subject Property and to establish the other restrictions expressly set forth herein with respect to the Subject Property I i -8- I 04 . 23 . 86 B228-004 realestl-1230 so that the Subject Property may be kept in an open-space condition. Reservation of Ilse by GRANTOR 7 . GRANTOR reserves the right to use the Subject Property J in any manner consistent with the stated e purposes. terms, conditions, restrictions and covenants of this easement and with existing zoning and other laws, rules and regulations of the State of California and the Town or other jurisdiction having authority, their successors or assigns, as such laws, rules and regulations may hereafter from time to time be amended . Condemnation 8 . If the Subject Property or any portion thereof during R the term of this easement is sought to be condemned for public 1 or quasi-public use, the easement and each and every term, condition, restriction and covenant container' herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for public or quasi-public use only, but shall remain in effect relative to all other portions of the Subject Property. GRANTOR shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this easement and nothing in this agreement shall be construed to give GRANTEE any interest in any award or payment made to GRANTOR in connection with any -9- i 04 . 23 . 86 B228-004 realestl-1230 exercise of eminent domain or transfer in lieu thereof; provided, however, that each and every stated term, condition, restriction and covenant of this easement shall be observed by GRANTOR, its successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final judgment of condemnation relative to the Subject Property or any portion thereof is not actually acquired for a public or quasi-public use, the Subiect Property shall , at the time of such abandonment, or at the time it is determined that such property shall not be taken for public or quasi-public use, once again be subject to this easement and to each and every stated purpose, term, condition, restriction and covenant of this easement; provided, further, that if the Subject Property is sought to be acquired, appropriated, or condemned for a use incompatible with this open space easement as defined herein, by any other public or quasi-public entity, the presumptions contained in Section 1240. 680 of the Code of Civil Procedure and Section 5542 . 5 of the Public Resources Code may be asserted by the Grantee to protect its interest in the Subject Property and preserve the open-space character thereof . 9 . Remedies Upon Default. (a) If GRANTOR, or any successor in interest of GRANTOR, breaches or violates any of the covenants, conditions, or restrictions contained in this agreement, GRANTEE shall give -10- i I . 04 . 23 . 86 B228-004 realestl-1230 GRANTOR or its successor in interest written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach or violation claimed and shall set forth in detail the action which GRANTEE requests be taken in order to cure the claimed breach or violation. (b) If such breach or violation continues uncured for a period of more than sixty (60) days after the receipt of such notice, GRANTEE shall have the right to prosecute any proceeding at law or in equity against GRANTOR or its successor in interest in order to prevent the violating or breaching party from violating or attempting to violate or breach any of the covenants, conditions or restrictions contained herein; provided, however, that if the nature of the breach or violation is such that more than sixty (60) days is reasonably required for such cure, then GRANTOR shall be allowed such additional necessary time provided GRANTOR diligently prosecutes such cure to completion. The remedies available under this paragraph shall include, by way of illustration but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions, and permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach. (c) If either party shall bring an action against any of the other party by reason of the violation or breach of any covenant, condition, or restriction contained herein, or -11- I 04 . 23 . 86 B228-004 realestl-1230 otherwise arising out of the terms of this easement, the prevailing party in such suit or proceeding (as determined by the Court) shall be entitled to recover reasonable attorneys ' fees and costs which shall be payable whether or not such action or proceeding is prosecuted to judgment, provided that no award of attorneys , fees and costs shall be rendered against either party unless the court finds that such party' s action or i inaction is willful and in bad faith. Enforceable Restriction 10. This easement and each and every term, condition, restriction and covenant contained herein is in tended d for the { benefit of the public and constitutes an enforceable rest riction purs:.ar.t to the Provisions of Sect ion 8 of Article XIII of the California Constitution and Chapter 6 . 6 (commencing with Section 51070) - of Part 1. Division 1. Title 5 of the Government Code and shall bind GRANTOR and its successors and assigns and each and all of them, and is intended to run with the land. Notices 11 . Any notices required to be given to GRANTOR shall , unless otherwise specifically set forth in this agreement, be in writing and delivered to GRANTOR as follows : Mr . and Mrs . James Blair, 15310 Kennedy Road, Los Gatos, CA 95030. i i -12- 04 . 30 . 86 B228-004 realestl-1230 This easement has been executed on this day of 1986 . GRAN OR: James_--B'i" it Donna Blair ACCEPTANCE OF OPEN-SPACE EASEMENT WITH COVENANTS Pursuant to the provisions of Chapter 6 . 6 of Part 1, Division 1, Title 5 of the Government Code (commencing with Section 51070) and Section 5540 of the Public Resources Code, MIDPENINSULA PEGIONAL OPEN SPACE DISTRICT and THE TOWN OF LOS GATOS hereby accept this grant of easement with the covenants on this day of 1986 . GRANTEE: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, A PUBLIC DISTRICT By President, Board of Directors Attest District Clerk THE TOWN OF LOS GATOS By /fir-�^rams ;ayor Attest - Town Clerk -13- EXHIBIT A i LEGAL DESCRIPTION: All that certaiw real property situate in the Town of Los Gatos, County of Santa Clara, State of California, described as follows: The West 1/2 of the West 1/2 of the Northeast 1/4 of Section 26 Township 8 South Range 1 West, M.D.B. & M. Excepting therefrom the following described real property: All that .- l =0perty situate in the Town of Los Gatos, County Of Santa Cara, State of California and being a portion of Section 26, c.,i p 8 South,. Range I West, Mount Diablo Baseline and I*ridian and =rea particularly described as follows: Beginni!v at the SOL—hwest cOrner of the West Quarter of the "heist Quarter of said Section 26; Thence rly along the westerly line of said West North 2 2I East 256.9I feet to a Quarter, F . point that is 256.80 feet distant fr= the southerly line of said West Quarter measured at right angles; Thence along a line parallel with and. distant 256.80 feet, northerly of said southerly line, South 89°28'48" East, 678.04 feet to a point in the easterly line. of said West quarter; Thence joutherly along the easterly line of said West South 159'04" West, 256.88 feet to the southeasterly corner of said West quarter; Thence westerly along the southerly line of said Ubst Quarter, North 89 28'48" West, 679.03 feet to the Point of Beginning. Said described parcel being the- most southerly 4 acres of the West Quarter of the Northeast Quarter of said Section. 26. End of description. EXHIBIT A j EXHIBIT II All that real property situate in the Town of Las Gatos, County of Santa Clara, State of California and being a portion of Section 26, Township 8 South, Range 1 West, Mount Diablo Baseline and Meridian and more particularly described as follows: Beginning at the Southwest corner of the West Quarter of the Northeast Quarter of said Section 26; Thence northerly along the westerly line of said West Quarter, North 2 0 12'21" East, 256.91 feet, to a point that is 256.80 feet distant from the southerly line of said West Quarter measured at right angles; Thence along a line parallel with and distant 256.80 feet northerly of said southerly line, South 89 0 28'48" East, 678.04 feet 'to a point in the easterly line of said West Quarter; Thence southerly along the easterly line of said West Quarter, South 1 59'04" West, 256.88 feet to the southeasterly corner of said West Quarter,- Thence westerly along the southerly line of said West Quarter, North 89028'48" West, 679.03 feet to the Point of Beginning. Said described parcel being the most southerly 4 acres of the West Quarter of the Northeast Quarter of said Section 26. End of description. r EXHIBIT III I f PARK, RECREATION, SCENIC AND OPEN SPACE EASEMENT WHEREAS, the Midpeninsula Regional Open Space District, a Public District, hereinafter referred to as "DISTRICT, " and the Town of Los Gatos, a Municipal Corporation, hereinafter referred to as "TOWN, " have heretofore agreed as part of a private develop- ment process to jointly receive the dedication of interests in cer- tain real property, more particularly known as Santa Clara County Assessor's Parcel Number 537-13-003 , containing approximately 42. 42 acres, and commonly referred to as a portion of the "Blair" property; and WHEREAS, pursuant to said dedication process , TOWN and DI TRICT have agreed to jointly accept an Open Space Easement with Covenant Recitals over the most northerly 38.42 acres of said por- l r t=on of the Blair property; and . WHEREAS , as an additional requirement of said dedication � orocess, DISTRICT is to receive fee title to the most southerly 4 acres of said portion of the Blair property, hereinafter referred 1 to as the "Subject Property" or "Property, " being more particularly described in Exhibit "A" as attached hereto and incorporated herein I by this reference, as an addition to District' s Sierra Azul Open Space Preserve; and I WHEREAS, TOWN and DISTRICT desire that the Subject Property shall forever remain as part of the parks, recreational , ecological and aesthetic resourc e of the Mid peninsula � p nsula area; and I WHEREAS , it is now the desire and intention of TOWN and DISTRICT, that the lands described in said Exhibit "A" be made s-abject to an easement for park, recreation, scenic and open space I o-,rooses for the benefit of TO WN , i_ _ is successors and assigns, j Park Easement Page 2 NOW, THEREFORE, inconsideration of the dedication process, the public benefit to be derived therefrom, and in order to insure that the Subject Property will be preserved in perpetuity, DISTRICT ' hereby grants to TOWN , and TOWN hereby accepts from DISTRICT, an easement upon, on, over, under, and across the Subject Property as described in said exhibit "A" for parks , recreation , scenic and open space purposes , upon the following terms and conditions: 1. District Covenants . DISTRICT hereby covenants and agrees, for itself and its successors and assigns, that all of the Subject Property as described in Exhibit "A" shall be , orever used and operated as, and maintained and managed for, open space, wilderness, park, agricultural, watershed, scenic, low intensity recreation, or similar purposes (hereafter referred to as "Permitted Uses") and for no other uses or purposes inconsistent therewith, all as contemplated by or in accordance with the follow- ing excerpt frog. =Z7R-CTIS Basic Policy as adopted by DISTRICT'S L Board of Directors on March 27 , 1974 , to wit: "The District will follow a land management pol icy" icy that provides proper , care of open space land , allowing public access appropri- ate to the nature of the land and consistent with ecological values. " 2. Permitted Uses. Open space and low intensity recrea- tional use, or Permitted Uses, which are allowed under the terms and conditions of this Easement without further restriction include, but are not limited to, the following: a) Pedestrian hiking trails b) Equestrian riding trails c) Mountain bicycle trails d) Casual public picnicking e) Portable sanitary facilities f) Nature study and environmental education g) Photography h) Public drinking water facilities i Park Easement PAge 3 z) Kite flying j ) Scenery painting k) Wildlife observation 1) Compatible agricultural uses m) Meditating n) Public parking areas o) Primitive campsites (back pack camping) ) Other uses which P the DISTR _DISTRICT may from time-to-time determine to be low intensity recreational uses DISTRICT shall plan, design and develop such facilities as are reasonably necessary for public use and enjoyment of said Property for open space or Permitted Uses as defined above. 3. TOwN-, 1 S Recommendations Advisory Only. DISTRICT, for the purpose of this H-.sement, shall consider but shall be free to accept or reject- the reco=endations or suggestions of TOWN as to � how DISTRICT should plan , design and develop such facilities as are enumerated in Paragraph 2 above. However, nothing herein shall limit the rights of TOW_' or other governmental agencies having jurisdiction over the Subject Property as provided by law, ordinance or other source. 4. Prohibited Uses. Use and development of the Subject Property which would significantly change or compromise scenic or natural values shall be prohibited, except as to those Permitted Uses referred to in Paragraph 2 above. DISTRICT hereby covenants and agrees that DISTRICT shall enact and enforce ordinances or policies that will prohibit any of the following activities on the subject property: a) Construction or maintenance on or within the Subject Property of advertising signs of any kind or nature, except for identification purposes consistent with the public use of said P Property for parks , recreation, scenic Y e �c and. ooen space o purposes _ P _ as defined herein. l Park Easement Page 4 i i b) Commercial extraction of minerals or. natural resources from the land. I c) Construction of any residential, commercial or industrial structure, including, without limitation, any hotel, inn, condominium, town house, or rental apartment project, except for the possible limited residential use by personnel engaged in maintenance and patrol of the Subject Property for purposes consistent with this Easement. d) Operation on the Subject Property of any motor bike, trail bike, go-cart or other motor-driven or powered vehicles except those motor-driven or powered vehicles reasonably necessary for DISTRICT to use, develop, patrol or maintain the Subject Property -or by i the pUbl=c `o reach the recreational facilities prov?�e= , but in accordance with the Permitted Uses � purs'.�ant to the terms , conditions, restrictions and covenants set forth for the Subject Property herein. e) Dumping or placing of any public trash, waste or garbage, except in receptacles maintained by DISTRICT. i f) Use of f i rea_ms ; virg-an, s or dangero: s weapons by the public. g) Hunting or exploitation of natural wildlife, except when required for public health and safety. h) Commercial cutting of standing timber other than for public safety or consistent public purposes, i Park Easement Page 5 I i) Planting of vegetation on the Subject Property, except for DISTRICT approved soil management, erosion control, reforestation, compatible agricultural uses and planting of native* California vegetation, and normal landscaping and screening of park and recreation areas and public facilities in connection therewith, consistent with the intent and purpose of this Easement. j) Excavation or other topographic changes except for specific park , recreation and open space projects consistent with the intent and purpose of this Easement_ The general topography of the Subject Property shall be maintained in its present condition. k) Use of tie Subject Property which does or will mater_a_'y alter the natural landscape or open space character cf the Subject Property other than those E Pe= :=tte�' uses enumerated herein. 1) Any use other than parrs , recreation, scenic or open space uses as provided herein. i m) The development of said Property for any amusement or "theme park" or any use that would require more than one-tenth of one percent (1/10%) of the total land area to be paved or otherwise developed with imper- vious surface (roads, parking lots, roofs, or similar development) . n) Use of fireworks and pyrotechnics. �I Park Easement Page 6 5. Easement Intent. It is the intent of this Easement to prohibit' any development or physical improvements which would impair the visual resource of said Subject Property, and to limit the use and development on the Subject Property to those Permitted Uses referred to in Paragraph 2 hereinabove. 6 Condemanat ion. if the Property described herein is sought t'b be acquired, appropriated or condemned for another public use by any public or quasi-public entity, the presumptions contained in Section 1240.680 of the Code Of Civil Procedure and Section 5542. 5 of. the Public Resource Code shall apply and be asserted. 7 . Remedies Upon Default. a) In the event the DISTRICT, or any successor in interest of the D"*I"S'_-'RICT1 breaches Or violates any of the c0venamts , conditions , or restrictions contained herein, I Qq pursuant tO action by the Town Council, shall give the t* record owner of the Subject Property written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach C= violation clai.med a.--d shall set forth in detail the ac' icn w1a_! ch the Partl.a- giving such notice requests be taken in order to cure the claimed breach or violation. b) If such breach or violation continues uncured for a period of. sixty (60) days or more after the giving of such notice , TOV-w shall have the right to prosecute any proceeding at law or in eauitv against the then record owner of the Subject Property or any other person violating, attempting to violate, or breaching any of the provisiol- ; Contained herein, in order to prevent the violating or breaching party or any such person from violating or attempting to violate or f ?ark Easement Page 7 breach any of the covenants , conditions , or restrictions contained herein. The remedies available under this Paragraph shall include, by way of illustration, but not limitation, ex party applications for temporary restraining orders , preliminary injunctions , and permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach. c) If TOWN or DISTRICT, or any successor of DISTRICT shall bring an action against any of the other parties hereto by reason of the violation or breach of any covenant, condition, or restriction contained herein, or otherlwise arising out of the terms of this Easement,the prevailing party in such suit or proceeding (as determined by the Court) shall be entitled to recover attorneys ' fees which shall be payable whether or not such -action or proceeding is prosecuted to judgment, E provided that o award of attorneys ' fees shall be rendered against either party unless the court finds that such party '; action or inaction is willful and in bad faith. $. Binding on successors . It is further understood and agreed that this Easement and each and every term, condition, restric- tion and covenant contained herein is made and intended for the henefit of TOWN, its successors and assigns , and that it constitutes an enforceable restriction. This Easement is expressly intended by TOS^iN and DISTRICT to run with the land described in Exhibit "A. to constitute an equitable servitude therein, and shall bind each and every successive owner of the Property, or of any interest therein, and shall be enforceable by TOWN, its successors and assigns. Park Easement Page 8 9. Mortgagee Protection. No breach or violation of any o-" the covenants, conditions or restrictions contained herein shall' de-feat, render invalid, diminish, or impair the lien of any mortgage or deed of trust made in good faith and for value encumbering the Subject Property or any portion thereof, but all of the covenants , conditions and restrictions contained herein shall be binding upon and effective against each owner of the Subject Property, or any p-ortion red by acquired who se ose title hereto is i L. .- foreclosure, trustee ' s sale , or otherwise. 10. Severabilitv. Invalidation of any one or more of the covenants , conditions , restrictions , or other provisions contained herein by judgment- or court order shall not invalidate any of the other covenants, conditions , restrictions., or other provisions contai-n-ed herein anf the same shall remain in full force and effect. Ik 11. Am e n d--, ,e n and Termination. This Easement shall be as of the date of recordation hereof in the Office of Santa Clara County Recorder, and nay, with written consent of DISTRICT, be amended in whole or in Dart or terminated only by a written instrument executed by TOWN, or any successor of TOWN (by reorganization or otherwi ' � %- i se) , P=suant to resolution adopted :--wn Council o--, Los Ga--os in --c-e-hal-f of an`z or the owners :- and occupants of all other parcels of real property located in the T07..-N- and by all of the then record owners thereafter recorded in the Office of the Santa Clara County Recorder. Nothing herein shall be deemed to require the approval or consent of any other caner or occupant of any other parcel of real property located in the Town of Los Gatos for such a-mend-ment, in whole or in part, cr for the termination of this Easement . 12. Failure to Enforce Not a Vlaiver. The failure of TM,---*N or its successor to enforce any of the provisions contained herein shall in no event be deemed a waiver of the right to do so there- after, nor of the right to enforce any other provision hereof. Park Easement Page 9 13. Discretion of DISTRICT. It is acknowledged by the parties that DISTRICT is a public agency governed by an elected Board of Directors which is charged with the management of its lands D'arsuan - t to the California Public Resources Code (see, e.g. , Sections 5541, 5565) . It is not the intent of the parties to limit said Board ' s good faith exercise of discretion in its effort to enforce rules , regulations c' -- Policies pursuant to this Easement upon or with respect to the Subject Property. 0':.' TOS GATOS MISPENINSULA REGIONAL OPEN SPACE DISTRICT By: By: President, Board of Directors ATTEST: ATTEST: Town Clerk District Clerk Dat-e: Date: I EXHIBIT A All that real property situate in the Town of Los Gatos, County of Santa Clara, State of California and being portion ort'ion of Section 26, Township 8 South, Range 1 Wes t, Mount Dia blo Baseline and Meridian and more particularly described as follows: Beginning at the Southwest corner of the West Quarter of the Northeast Quarter of said Section 26; Thence northerly along the westerly line of said West Quarter, North 2012'21" East, 256.91 feet, to a point that is 256.80 feet distant frcm the southerly line of said West Quarter measured at right angles; Thence along a line parallel with and distant 256.80 feet northerly cf. said southerly line, South 89028'48" East, 678.04 feet to a point in th9 easterly line of said West Quarter; Thence southerly along the easterly line of said West Quarter, , South 1'59'04" West, 256.88 feet to the southeasterly corner of said West Quarter; Thence westerly along the southerly line of said West Quarter, North 89028'48" West, 679.03 feet to the Point of Beginning. Said described parcel being the most southerly 4 acres of the West Quarter of the Northeast Quarter of said Section 26. End of description. EXHIBIT A R-86-36 (Meeting 86-15 %, of 'V1 June 11 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 3 , 1986 TO: Board of Directors FROM: C. Britton, Assistant General Manager PREPARED BY: D. Woods, Open Space Planner SUBJECT: Proposed Davidson Property Addition to the El Sereno Open Space Preserve .Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of 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 (El Sereno Open Space Preserve - Davidson Property) . 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 El Sereno Open Space Preserve, and indicate your intention to withhold the property from dedication. Introduction: The Midpeninsula Regional Open Space District presently has the opportunity to purchase a parcel of land 1. 33 acres in size. Situated near the El Sereno Open Space Preserve's Bohlman Road entrance, the property is located southwest of the Town of Saratoga within unin- corporated Santa Clara County. Successful acquisition of the property would give the District the potential for expanding public access at the Bohlman Road entrance to the Preserve. A. Description of the Site 1. Size, Location and Boundaries This 1. 33 acre property is located southwest of the Town of Saratoga within the Town of Monte Sereno sphere of influence and near the western boundary of the El Sereno Open Space Preserve (see attached maps) . Small private parcels surround the property and include a 1 .3 acre parcel with a residence, situated between the subject property and the Preserve boundary. Approximately one half of the small parcels along Bohlman Road in the immediate area near the Preserve's entrance are residen- tially developed. R-86-36 Page two 2. Topography, Geology and Natural Landscape The 110 foot wide property is bisected by the road entering the Preserve. A relatively level grassy area is located on the property to the north of the road, and steep chaparral-covered slopes are located to the south. The south facing slopes are vegetated with typical chaparral plants of chamise, ceanothus, and coffeeberry. The San Andreas rift zone is located in Lyndon Canyon, approxi- mately one-third mile to the southwest. 3. Access Rights The western end of the El Sereno Open Space Preserve is acces- sible from the end of Bohlman Road across a private roadway. Prior to this acquisition, the District' s rights for patrol and maintenance have been prescriptive. Also, this road system has been used by members of the public as part of the local trail system and prescriptive rights for trail purposes seem well established. The Davidson property as well as the recently acquired Daley property include formal, appurtenant roadway easement rights which legitimizes the District' s patrol and maintenance access. At this time it is uncertain that the District could invite general public vehicular access; however, some limited vehicular access, possibly on a permit basis, may fall within the scope of the private rights of the District and not constitute an overburden of the easement. B. Planning Considerations The property is zoned R1 (residential) by the County of Santa Clara. The property is rated moderate to high on the District's Master Plan map, a composite rating system ranking the suitability of land for open space protection. The road through the property is shown on the Santa Clara County Regional Parks, Trails and Scenic Highways Plan as an existing trail. C. Current Use and Development The only development on the property is the existing dirt road which bisects the property into northern and southern sections. The southern piece is in the natural state; the northern area, approxi- mately one-third acre in size, could support the development of a residential structure. There are no structures on the ro ert . P P Y A forty-foot-wide access easement extends along the Bohlman Road i extension from the end of Bohlman Road through the subject property. D. Potential Use and Management Due to its location near an existing access to the Preserve, this property has the potential for expanding the access to include some degree of parking. i R-86-36 Page three E. Interim Use and Management Recommendations 1. Boundary plaques will be installed as necessary. F. Name The property should become an addition to the El Sereno Open Space Preserve and become known by that name. G. Dedication This property should be withheld from dedication as public open space to allow for future transfer of development rights or to allow for trade of part or all of the property if advisable when the final boundaries of the Preserve in this area are established. H. Terms The total purchase price as stipulated in the attached Purchase Agreement would be $50,000 payable in cash at the close of escrow. Funds for this purchase would come from the New Land Commitments budget category. ....... .. ..............................I......................... .......... .................... ......................... ........................— ....... ................ .............................................................. ............. .......... . ....... ................ ....... ........ ........................................ ..................... ..................... ....................... ............. X lb A. "l\\ 4 )A ligh _eM 17• b4ch A 2 0 '�o FzE-i 7- 2 A\ Ur PROPOSED ADDITION' L -Si�,,renb lj 7 r t A�- 4" IV 1"3 �`. ;,1 ,� `�, �rs Jp n H�lp� p J o 6 Zrd' SPILLWAY- Rc h( 'A )433p .,. '. ,4. �!�1,1 6 > RVE -s'rom"v EL SERENO OPEN SPACE PRESE SCALF 1" 20001 NORTf i ............. .. .................... .............................. .............................. .... ........... X X" X ..... . ......... f �� I I 10'l0.1 O •" 337.29 w �-1;)S WY.75 �2 l00 \ PCL. 8 I c 0.91A+C.G PCL. A .�' x m o� 2.50 JC. 2.C65 AC. AC.) ...\ 8OHLMAN ROAD 1 2 k* r � �r N I of _ 3.733 AL TOTAL -9 30 /�.3 Az. I'0 401 WIDE ACCESS EASEMENT / la+;' 1.22 Ate+ J`. 59 Z0.0: 50.A CLARA y -`/9 20 /4 Q BOHLMAN ROAD -0^ EL SERENO ( EXTENSION OPEN SPACE PRESERVE t AC. G R. \ �-� _�----- 1.333,AC I.358 ac PCL. A � lIIO� RECENT ACQUISITION-- `u3.s0— t'7o tl nz_ i;,> (FORMER DALEY PROPERTY) "saME LINE'•y _ 970.02 ,- PROPOSED ADDITION . PROPOSED ADDITION TO THE EL SERENO OPEN SPACE PRESERVE SCALE Ill = 2001 NORTH i, i t i RESOLUTION NO. 86-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LANDS OF DAVIDSON) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Carl E. Davidson et ux, and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on be- half of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to an deed (s) granting title to said property. P Y g g Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. f i PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between CARL E. DAVIDSON and BETTY I. DAVIDSON, husband and wife, hereinafter called "SELLER" and the MIDPENINSULAREGIONAL OPEN SPACE DISTRICT, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER' S real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately one and three tenths acres (1. 3) 'more or less, and commonly referred to as Santa Clara County Assessor' s Parcel No. 517-024-019 and being more particularly described in Preliminary Title Report No. 0521424 dated October 8 , 1985, from Ticor Title Insur- ance Company; said report designated Exhibit "A" , as attached hereto and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights or use which may be appurtenant or attributable to the aforesaid lands, and any k and all imciovements attached or affixed thereto. 2 . PURCHASE PRJCE AND MANNER OF PAYMENT The total purchase price shall be Fifty Thousand and No/100 Dollars ($510, 000. 00) payable in cash at close of escrow as hereinafter provided. 3. TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments, ease- ments, taxes, assessments, covenants, restrictions, rights, and conditions of record except: a. Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. b. Typewritten Exceptions Numbered 2 , 3, 4 , 5, 6 , and 7 as lis ed in said Preliminary Title Report (Exhibit "A") . i Purchase Agreement Davidson Page Two 4. COSTS DISTRICT shall pay all escrow, recording , and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall not be responsible for any real estate sales commission or other related costs or fees in connection with this transaction. 6. LEASES OR OCCUPANCY OF PREMISES SELLER warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons occupying the property. SELLER further warrants and agrees to hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. ' of the California Government Code) . 7— WATVER OF STATUTORY COMPENSATION SELLER understands that they may be entitled to receive the fair market value of the property under the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Government Code Section 7267 , et seq. SELLER acknowledges that they are familiar with the applicable Federal and California law. SELLER hereby waives all existing and future rights they may have to receive the fair market value of the Property under any applicable federal or California law. 8. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days following the execution hereof by SELLER to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the afore- said real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As con- sideration for the tender of said offer, DISTRICT has paid and SELLER acknowledges receipt of the sum of Ten and No/100 Dollars ($10 . 00) . Purchase Agreement - Davidson Page Three I Time being of the essence and provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable, but not more than thirty (30) days following the acceptance and execution by DISTRICT, through an escrow (No. 0521424) to be conducted by Ticor Title Insurance Company, 250 Almendra Avenue, Los Gatos, CA 95030 , or other such escrow holder as may be acceptable to SELLER and DISTRICT. 9. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees, assigns, or successors in interest of the parties_ hereto. :MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT i APPROVED AS TO FORM: Carl E. avidson Date: -,5 .- Stanley No ton, District Counsel ACCEP`^1::Q FOR RECO!',LME`dDATIOV: Betty I— D'ovid' on Date: L. Craig/Britton, Land Ar�quisition Manager APPROVED AND ACCEPTED: President, Board of Directors A= EST: District Clerk I Date: i TICOR TITLE INSURAN L= AMENDED REPORT 250 Almendra Avenue Your Ref: APN 517-24-19 Los Gatos , CA 95030 , CA ( 408 ) 354-8130 January 17 , 1986 Our No: 0521424 0000 Fox D Carskadon 290 Saratoga Avenue Los Gatos, CA 95030 Attn: Danny wander In response to the above referenced application for a Policy of Title Insurance, TIT COR TITLE INSURANCE COMPANY OF CALIFORNIA hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth on the attached cover. Copies of the Policy forms should be read. They are available from the office which issued this report . This report ( and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a Policy of Title Insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a Policy of Title Insurance, a Binder or Commitment should be requested . Dated as of October 8, 1985 at 7:30 a.m. Title Mara Ruiz Ta. 1 Officer Liz Johnson Escrow Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee as to Parcel One; Easement as to Parcel Two Title to said estate or interest at the date hereof is vested in : Carl E. Davidson and Betty I. Davidson, His Wife, As Joint Tenants nn III EXHI!31 T 1`'1 Ticor Title insurance Company of California Page'- TICOR TITLE INSURAK Application No. 0521424 0000 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said Policy. Form would be as follows: 1 . A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1985-86 Assessment No. : 517-24-019 Code No. : 80-060 First installment : $36 .20 Payable, but not yet due Second installment : $36 . 20 Payable , but not yet due Assessed valuation of Personal property :None B. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California. i 2 . Rights and rights of way granted in the Deed from Victor M. Belatti , to Stanley Williams and Adrienne Williams, his wife, dated September 25, 1951 recorded April 4, 1952 in Book 2395, Page 633 of Official Records, as follows : Together with a right of way fcr ingress and egress over and along any and all existing roads running through the remaining lands of Grantors, also together with a right of way over any rights of way appurtenant to said lands of Grantors. The above rights and rights of way were also granted in subsequent deeds of records. 3. An Easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : Victor M. Belatti For : Right of way over any and all existing roads Recorded : April 4, 1952 In Book 2395 Page 636 Official Records Affects : A portion of said premises ( I I I EXHIBIT Ticor Title Insurance Company of California Page 2 ®f— ?,_ I TIC©R TITLE INSURANLL I 4 . Rights and rights .of ways granted in the Deed from Willis A. Bodoni and Jeannette Rodoni, also known as Jeanette K . Rodoni, his wife, to M. D. McGill and Brannie McGill , Husband and Wife, As Joint Tenants dated June 27, 1952 recorded November 6, 1953 in Book 2753 Official Records, page 428, as follows : Together with rights of way for ingress and egress as granted by Victor A . Belatti to Millis A. Rodoni, et ux, by Deed dated November 27, 1951 recorded April 4 , 1952 in the Cffice of the Recorder of the County of Santa Clara , State of California in Book 2395 Of Official Records, page 636. 5 . Reservation rights and rights of ways contained in the deed from Willis A . Rodoni and Jeannette K. Rodoni, his wife, to Mervin Stark and Edith M. Stark, his wife, in joint tenancy, dated December 3, 1953 and recorded December 16 , 1953 in Book 2778, Page 441 of Official Records, as follows : Reserving from the first above described lands, a right of way over any and all existing roads, said roads, herein, reserved to run with and be appurtenant to the remaining lands of said grantors. 6 . Reservation rights and rights of way contained in the Deed from Mervin Stark, et ux, to Joseph P. Long , et ux , dated December 3, 1953 in book 2788, of Official. Records, page 443, as follows: Reserving from the first above described lands, a right of way over any and all existing roads, said roads herein reserved to run with and be appurtenant to the remaining lands of said grantors. 7. AN EASEMENT affecting the portion of said land and for the purposes stated herein, and incidental purposes, In favor of : Maynard J. Daley , Jr. , et ux For : Ingress and Egress and roadway purposes Recorded : November 14, 1961 In Book 5363 Page 705 Official Records Affects : A strip of land 40 feet in width, the centerline of which is described as follows: Beginning at the Southeasterly corner of that certain 0.92 acre tract of land described in the Deed from Willis A. Rodoni, et ux, to the County of Santa Clara, dated February 15, 1958 recorded February 28, 1958 in Book 4010, of Official Records, page 131 , Santa Clara County Records, in the Easterly line of the West 1/2 of the East 1/2 of the !northeast Quarter of the South Quarter of Section 24, Township 8 South, Range 2 West, M.D.B. 6 M. ; thence from said point of beginning North 65 deg 56 ' East 46.00 feet; thence South 82 deg 32 ' East 211.5 feet, more or less, to a point in the Westerly line of that certain tract of land described in the Deed to Maynard J. Daley, Jr., et ux , recorded November 14 , 1961 in Book 5363, Page 703, Official Records EXHISIT A Ticor Title Insurance Company of California Page of I TICCIR TITLr= INSURANA Application No. 0521424 0000 NOTES: NOTE 1 : TITLE- CF THE YESTEE HEREIN was acquired by deed recorded prior to six months from the date hereof. t NOTE 2 : Effective !larch 1 , 1979, there will be an additional $10.00 fee for recording a Deed with a Legal Description other than an entire lot in a recorded final map. If there are any questions, please call your Escrow Officer or Title Officer. NOTE 3 Senate Hill 1550 (Chapter 1004, Statutes of 1984 ) is effective January 1, 1985. This law mandates all funds be collected and available for withdrawal prior to disbursement. Delays in closing will occur if funding is by other than bank wire, cashiers check or similar items drawn on a California Bank . Drafts and checks drawn on out-of-state financial institutions may require separate collection or a minimum statutory period for bank clearinghouse processing in lieu of notice that a particular item has been paid. !COTE 4 : On or after July 1, 1985, the County Recorder's Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a Preliminary Change of Ownership report. In lieu of said report, signed by the transferee, the recorder will accept an affidavit that the transferee is not a resident of California. Title billings will be adjusted to reflect such additional fees when applicable." SMRldf lid-oty 4 III EXHIBIT A Ticor Title Insurance Company of California Page'—�of.�. . ®r TICOR TITLE INSURAN%...: Application No. 0521424 0000 SCHEDULE C The land referred to herein is described as follows : All that certain real property in the County of Santa Clara, State of California , described as follows: PARCEL ONE : Beginning at the Southeasterly ccrner of that certain 3.43 acre tract of land described in the Deed from Stanley F. Williams, et ux , to Willis A. Bodoni, et ux , dated May 12, 1953 recorded May 25, 1953 in Eook 2649 of Official Records , page 44, Santa Clara County Records; running thence North 0 deg 59 ' West along the Easterly line of said 3.43 acre tract for a distance of 115.00 feet ; thence leaving said last named line and running Easterly and Parallel with the Southerly line of the North Half of the Southwest Quarter of Section 24, Township 8 South, Range 2 West, M.D.B. C M . , for a distance of 222 feet, more or less, to a point on the Westerly line of that certain tract of land described in the Deed from Willis A. Bodoni, et ux , to M.D. McGill, et ux, dated June 27, 1952 recorded November 6, 1953 in Book 2753 of Official Records , page 429 , Santa Clara County Records. Said last mentioned point being the true point of beginning of this description; running thence from said true point of beginning Westerly along a line which is parallel with the said Southerly line of the North Half of the Southwest Quarter of Section 24 , for a distance of 112 feet, more or less, to a point which is distant Easterly along said parallel line 110 -00 feet from a point on the said Easterly line of the 3.43 acre tract hereinabove referred to; running thence South 0 deg 59 ' East and parallel with the said Easterly line of the 3.43 acre tract and its Southerly prolongation for a distance of 532 feet, more or less, to a point in the said Southerly line of the North Half of the Southwest Quarter of Section 24, running thence Easterly along said last named IIII line for a distance of 112 feet, more or less, to the r Int of intersection thereof with the same Westerly line of land so described in the Deed to said McGill, hereinabove referred to; running thence Northerly along the said Westerly line of land of McGill for a distance of 532 feet, more or less, to the true point of beginning and being a portion of the East Half of the East Half of the Northeast Quarter of the Southwest Quarter of Section 24, Township 8 South, Range 2 West, M .D.B. G M . PARCEL TWO : Rights of Way appurtenant to Parcel No. 1 hereinabove described for Ingress and Egress over all roadways existing in 1951 within the North 112 of the Southwest 1/4 of Section 24, T. 8 S. , R . 2 W. iE NOTE but do not insure an undivided 1/64 interest in and to all a ailable water on the North 1/2 of the Southwest 1/4 of Section 24, T. 8 S . R . 2 W . M . D. 3. and rights of way over said North 1/2 of the EXHISIT A Ticor Title Insurance Company of California page S' of TICOR TITLE INSURANL Southwest 7l4 for the purpose cf installment of facilities to obtain water from any source. e EXHIBIT A P e Ticor Title Insurance Company of California ..... -� �.. E Tills Is nct a sunky wf qp ::+rl; for lnto;mat}cn fTOrt? ki:� [ �: t•.,, O y.. . G .i;.J:. orrltt os couNTv Assctloa-saNT4 cL.aA couwty, CALIFORNIAlA [aCOt' t .�•It�V Jf W.T.. cn } c 511 VZ of S.W.1/4 OF SEC.24 T.8 S. R.2 W Lu i T.115.7Te .•DEEO RECORD OVERLAP O I R.OS. 289 M•49 PM 449•M- I ace 4.S[c .o. 40�.Rlil/•. —�-- IDS S Ill'M•{L R O.S RZ•a,•A _-V R S. SbM 11 ai of �: Ct.,CK er acc 1. mcc/ 1S PCI•[ fAtS f/M ..• u[T D'_ _ •et!iry ,7 mf/Sl -6) _ ,were : aTa etto n .00 [u7Ac 2.20GAC.GR. .;`y / — = 091acGn vn A r%aLsssS PCL A ArSO AC t 2.065 AC 27 +f�+ii;f _\r� M� n': 2S � 6 »~ (1/1 AC)f b'p' M \• ~\,ir�e \`7iii�"fRii'��T-1� I (I a2sfC) .4 Ar 29 `:1� 1 I SiAC GR / I �.•I� l rat AIL TOTAL' \ SCALE .a= >3O 1157 AC � ��• 2 s 1 a: a i- � it u / 9 [T>n1 7 ,ao COW SAYTA CLAQ{ _ �IT N O72AC. pb °� ' I COI At. toAc 937AC GR. \\tip- �_�\ 1333 358AC PCL A 1 ►,o h. hol ,ro •t1YL LIN[ --.____�LtN..�-_ SAY[ uNT_�!_ _�-�-OL i O IT MOTC ALL COl O! A4[ ORIVAT[ l4Nt f. T.+[I[ LOCATIONS Aa[ UNC[RTAIN. I.C,"T- TI104( ([NTEQE[T ON PR O PCRTY L1NCS M-86-65 ,'Meetinf86-15 June 1 , 1986) VZ=46 MW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 3, 1986 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner SUBJECT: Purisima Creek Redwoods Open Space Preserve Development Project - Review and Approval of Force Account Schedule Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District electing to purchase materials and supplies in the open market and to construct im r ents by force account (Purisima Creek Public Access Improvements Introduction: The District is in the process of entering into a contract with the Uaifornia State Department of Parks and Recreation for the implementation of the 1984 Parks Bond Act grant project for Purisima Creek Redwoods Open Space Preserve. The $150, 000 grant, which was awarded to the District on July 1, 1985 , requires submittal and approval of all plans, specifications, force account schedules, and contract documents by July 1, 1986. Preliminary review of these materials has indicated that the Droject' s force account schedule (in-house labor and materials) is expected to exceed the applicable amount for "letting of material and construction contracts" as specified by State law. As a result, the portion of work contained in the Force Account Schedule must be either advertised for bid by an independent contractor or by a five-sevenths vote of the Board of Directors, the improvements may be constructed by force account (see the attached copy of Section 5594, Public Resources Code, Article 3, Division 5, Chapter 3) . It is staff' s recommendation that because of the nature of the work involved, it would be most efficient and eco- nomical to proceed utilizing the force account approach. Discussion: The entire $150,000 State grant project has generally been broken d5iin into two components : a) force account tasks which are basic- ally trail, restroom, and backpack camp improvements, and b) construction contracts which are limited to the improvement of three parking areas . The estimated cost of constructing the parking areas is $70, 000, leaving $80,000 for design and proposed force account work. The force account projects have not been proposed for independent con- tracts because the plans and specifications for these projects are parti- cularly unique and specific to the District, and are therefore, most Page two suitable for construction by or under the close supervision of District staff. This approach is mostly attributable to the environmental con- straints associated with a major portion of the projects and the level of detail and flexibility required during construction. Examples in- clude: a) the sensitivity and expertise required by staff in trail building to meet District trail standards while being responsive to numerous vegatation and topographic constraints; b) the very specific nature of the signing program, which meets District standards and, will be developed and modified as trails and parking areas are constructed and placed by the Rangers who are most familiar with anticipated site use patterns; c) the requirement that low impact chemical recirculating restrooms be placed in relatively inaccessible areas where specialized equipment and direct District supervision is a necessity; and d) the detailed and exact scale nature of the plans for the back country camp which includes elements of the other constraints relating to trails, signs and restroom development. Two other factors influencing the proposed force account schedule involve the excessive staff time which would be required to prepare the level of detail for plans and specifications necessary for the bid package in order to receive competent bids and the known unavailability of interested bidders for these types of projects. As examples, the level of detail for sign specifications would include the exact location and wording of each trail sign and the trail plans would require precise alignment so as to specify each drainage improvement and each tree to be avoided. In the past, outside of the trail construction, contractors have not been interested in bidding on such projects because of their small scale, environmental constraints, and level of detail and high level of super- vision requests. Relative to trail construction there has been one available contractor who now limits his participation to trail design and construction consulting and is no longer interested in construction contract bidding. The contract portion of the project includes the parking area improve- ments, installation of fences and gates, and grading and surfacing. Staff can more easily provide the required more general requirements for the plans and specifications for these activities, which will not require an unreasonable amount of on-site supervision during the construction phase. In addition to the $150, 000 State grant project, it should be noted that staff is currently constructing the upper Whole Access Trail, which has been funded by a $16, 000 contribution from Peninsula Open SpaceTrust. This project is being implemented by force account and is considered separate from the force account projects outlined in the State grant project since it was not proposed in the initial grant application. Because this trail' s funding source is independent of the State grant, staff has been able to proceed without waiting for contractual clear- ance from the State for the grant portion of the development of the Preserve. RESOLUTION NO. 86-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ELECTING TO PURCHASE MATERIALS AND SUPPLIES IN THE OPEN MARKET AND TO CONSTRUCT IMPROVE- MENTS BY FORCE ACCOUNT (PURISIMA CREEK PUBLIC ACCESS IMPROVEMENTS) The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows : Section 1. Based upon the information and recommenda- tions contained in the Staff Report with respect to Purisima Creek Public Access Improvements dated June 3, 1986, which Report is incor- porated herein by reference ("Report") , and other information re- ceived by the Board at its meeting of June 11, 1986, the Board does hereby find and determine that the letting for bid of the "force account improvements" referred to in the Report is inadvisable and inappropriate, and does elect pursuant to Public Resources Code Section 5594 to purchase the materials and supplies in the open market and to construct the buildings, structures and improvements included in the project by force account. y I j 9 § 5 93. Administrative duties of board All matters and things necessary for the proper ad minis tration of the zMairs, of districts which are not provided for in this article shall be provided for by the board of directors of the district. , 5594 . Letting of material and construction contracts 5594. All contracts for furnishing supplies, materials, labor, or other valuable consideration furnished the district,for maintenance projects involving contractor services to preserve, maintain; or repair any existing building, structure, or improvement, or for constructing any new building,structure,or improvement,when the -1 expenditures will exceed the applicable amount specified in Section 5549, shall be let to the lowest responsible bidder, after notice inviting bids, published in a newspaper in the district at least one l week before the time of receiving bids.The board of directors may reject all bids and readvertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct the building,structure,or improvement by force account § 5595. Construction of article This article shall be liberally construed to promote its objects and to _ carry out its intents and purpos::s. i I i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton; Asst. Gen. Mar. SUBJECT: F.Y.I. DATE: June 4, 1986 5f2-��6 -40 G� i - -- CLAIMS No.~ 86-11 | Meeting 86-15 ' Date: June ll , 1986 | REVISED |=� 2'=o=t Name Description '63.44 Mobil 'Oil Company Fuel for Di strict Vehicles 3533 260.00 Owner Builder Center Training Workshop 353', Pacific Bell Telephone Service 3535 145.40 Pacific Gas & Electric Company Utilities 3536 ; ,000.00 - Peninsula Blueprint Map Files 3537 356.51 Peninsula Oil Company Fuel for District Vehicles 35318 63.28 Recreational Equipment, Inc. Ranger Uniform Expense 3533 73.63 Reef industries, Inc. Signs 3630 1,19.25 J. L. Rice Trucking Trucking of Materials _363T '82-79 Chris Saenger Plumbing Supplies and Repairs ,P632 iol .08 San Francisco Water Department Water Service � 3833 542,49 Scribner Graphic Press, Inc. Stationery � 3631trl E..5,5lO OO E R. Sheehan Trail Construction � � 3635 123.66 Edward Shelley Reimbursement--Conference Expense � � 36361 523.53 Shell Oil Company Fuel for District Vehicles � 3607 T' ,7O3, ll Signs of the Times Signs � - 36aS 1 ,350,00 Glenn Smith Consulting Services � 363� 50,C00.00 Ticor Title Insurance Company Purchase of Davidson Property 3610, 33.60 Harry Turner Private Vehicle Expense 3611 461 .51 Uno Graphics Brochures 3612 100.00 U. S. Rentals Equipment Rental 3613 4,U2.g3 Vallen Safety Supply Company Safety Equipment and Supplies � 36l4, 26,825.08 Valley Title Company Purchase of Radar Property � � 3615 100.00 Lisa Varney Reimbursement--Ranger Residence � Improvements 3616 104, 16 Sandy Voorhees Private Vehicle Expense 3617 140.00 John 'Woody 8ackhoa Work � � 3610 1 ,280.00 Orthe ZebroskY Consulting Service-~Purysima / � o 61S� 56.68 Petty Cash Office and Drafting Supplies and � � � Meal Conferences / � � Bell Note Repurchase totals $148,750.00, as approved by the Board on May 14, 1986 /H-86-46 of May 6, 11086\ . � � CLAIMS No, 86-11 meeting 86-l5 MIDPE0I^ ~JLA REGIONAL OPEN SPACE DISTRICT [ate: June ll ' 1986 � REVISED � � C L 2\ I y{ S � � Description 9555 498.49 Adia Personnel Se'rvices , Temporary Office Help 955S 2,912-30 Ervin Alves Union Oil Jobber Fuel for District Vehicles ASR4 UO B�57 5O � � . Employment Advertisement � 3558 96. 17 AT&T Information Systems Croup Telephone Equipment � 3559 78 Ol Craig Beckman ' . c n Reimbursement--Uniform Expense' � 9560 101 ,80 Richard Bishop Reimbursement--Conference Expense B�6] 207 45 James Boland� . an Reimbursement.--Conference Expense 3562 60,000,00 Brigitte Go| le+ Bell Note Repurchase 9563 80,000.00 Werner Boll * Bell Note Repurchase 3564 20,750.00 Frederick C. SpJel6erger,* executor for the estate of � Karl August Bell Bell Note Repurchase 3565 6 �7� OD Louis Bordi, . D\scYng Fire Breaks � 3.566 28.02 L. Craig Britton Reimbursement--Meal Conference � 3567 141 .70 California Water Service Company Water Service � ��6� 75.58 David Camp Relmbursment~-Ranger Residence Repairs � 9565 2l3.00 Communications Research Company Radio Service and Repairs | 3570 58,91 Alice Cummings Private Vehicle Expense 3571 917.94 Discount Office Supply Office Supplies � 3572 100.00 Katherine Duffy Reimbursement--Conference Expense 3573 10,065.00 Jack Dymond Associates Leasehold Improvements--Old Mill Office Space � 3574 l8{[.40 John Escobar Reimbursement--Conference Expense � 3575 20.00 Federal Express Corporation Express Mall 3576 128.37 Jean Fiddes Reimbursement--Microwave Oven 9577 500.00 Foss and Associates Personnel Consulting Fee--May � 3572, 223.86 Foster Brothers Security Systems Padlocks and Keys � 357_c� 35,95 Walter D. GoggYn Private Vehicle Expense � 358D 7,57 ' . Harbinger Communications Computer Expense � c-81 47. 10 Teana Henshaw Reimbursement--Conference Expense � en e � 3582 156.20 Home Plumbing Plumbing Parts � Z,583 141 .24 Honeywell Protection Services Burglar Alarm Service l9U. � 358L 9Ot�4) Hubbard and Johnson's Field Supplies � � 3585 475. 13 The Hub Schneiders . Ranger Uniform Expense � � -89.35 Langley Hill Quarry Base 'Rock � 3587 1 ,033,89 Lawrence Tire Service, Inc. Tires for District Vehicles � � 3-8S5 389.27 Lam and Associates Rescue Litter Wheel Attachment � C1180 16.05 Los Altos Stationers Office Supplies CLAIFs No. 86-1 1 f Meeting 86=15 MIDPENINSUL�. REGIONAL OPEN SPACE DISTRICT Date: June 1 1 , 1986 REVISED .0 L A I M S 7 Amount Name Description 9555 498.49 Adia Personnel Services Temporary Office Help 9556 2,912.30 Ervin Alves Union Oil Jobber Fuel for District Vehicles 9557 50.00 ASPA Employment Advertisement 9558 96. 17 AT&T Information Systems Group Telephone Equipment 9559 78.01 Craig Beckman Reimbursement--Uniform Expense 9560 101 .80 . Richard Bishop Reimbursement--Conference Expense 9561 207.45 James Boland Reimbursement--Conference Expense 9562 60,000.00 Brigitte Bolle- Bell Note Repurchase 9563 60,000.00 Werner Bolle` Bell Note Repurchase 9564 20,750.00 Frederick C. Spielberger,-, executor for the estate of Karl August Bell Bell Note Repurchase 9565 6,875.00 Louis Bordi Discing Fire Breaks 9566 28.02 L. Craig Britton Reimbursement--Meal Conference 9567 141 .70 California Water Service Company Water Service 9563 75.58 David Camp Reimbursment--Ranger Residence Repairs 9569 213.00 Communications Research Company Radio Service and Repairs 9570 58.91 Alice Cummings Private Vehicle Expense 9571 917.94 Discount Office Supply Office Supplies 9572 100.00 Katherine Duffy Reimbursement--Conference Expense 9573 10,065.00 Jack Dymond Associates Leasehold Improvements--Old Mill Office Space 9574 108'.40 John Escobar Reimbursement--Conference Expense 9575 20.00 Federal Express Corporation Express Mail 9576 128.37 Jean Fiddes Reimbursement--Microwave Oven 9577 500.00 Foss and Associates Personnel Consulting Fee--May 9578 223.66 Foster Brothers Security Systems Padlocks and Keys 9573 35.95 Walter D. Goggin Private Vehicle Expense 9580 7.57 Harbinger Communications Computer Expense 9581 47. 10 Teena Renshaw Reimbursement--Conference Expense 9582 156.20 Home Plumbing Plumbing Parts 9583 14991 .24 Honeywell Protection Services Burglar Alarm Service 9584 980t.4 Hubbard and Johnson's Field Supplies 9585 475. 13 The Hub Schneiders Ranger Uniform Expense 953!'D 589.35 Langley Hill Quarry Base Rock 9587 1 ,033.89 Lawrence Tire Service, Inc. Tires for District Vehicles I 9588 389.27 Lee and Associates Rescue Litter Wheel Attachment 9589 16.05 Los Altos Stationers Office Supplies CLA|MS No.--86-11 - -� Meet�ng 86-15 ^ Date: June* ) ] , 1986 REVISED � . Amount . Name Description 9590 8.34 MYnton/s Lumber Suppyv Field D.upplles � 9591 l63,44 HobYl '8Yl Company Fuel for District Vehicles � � 9593 33.17 Michael Newburn Reimbursement--Uniform Expense � � � 9593 260.00 Owner Builder Center Training Workshop � 9594 1 ,193.85 Paclf(c Bell Telephone Service � � 9595 145.4U Pacific Gas 6 Electric Company Utilities � 9598 1 ,800.00 Peninsula Blueprint ' Map Files � . � 9597 956.51 Peninsula Oil Company Fuel for District Vehicle* � 9598 68.28 Recreational Equipment, Inc. Ranger Uniform Expense � 9598 73.63 Reef Industries, inc, Signs � 960O 119.75 J. L. Rice Trucking Trucking of Materials � 9�Ol 482,79 Chris Seenger Plumbing Supplies and Repairs � 3682 101 .08 San Francisco Water Department Water Service � 9603 542.49 Scribner Graphic Press, Inc. Stationery � 9604 5~810.00 E. R. Sheehan Trail Construction 9605 123.66 Edward Shelley Relm6u.sement--Conference Expense 9606 922.53 Shell Oil Company Fuel for District Vehicles 9607 1 ,703. 11 Signs of the Times Signs _ 96O8 1 ,350.00 Glenn Smith Consulting Services 9683 50^000.00 Ticor Title Insurance Company Purchase of Davidson Property 9670 33.60 Harry Turner Private Vehicle Expense 9611 461 .51 Uno Graphics Brochures 9612 100.00 U. S. Rentals Equipment Rental 9613 402.92 VaYlen Safety Supply Company Safety Equipment and Supplies 9614 26,035.00 Valley Title Company Purchase of Radar Property 9615 100.80 Lisa Varney Reimbursement--Ranger Residence Improvements � 9676 104. 16 Sandy Voorhees Private Vehicle Expense 9617 l4O.00 John 'Woody 8ackhoe Work 9618 1 ,200.00 Ortha Zebrosk^ Consulting Service--PurYsYma 9619 56.68 Petty Cash Office and Drafting Supplies and Meal Conferences \ | | | * Bell� Note Repurchase totals $140,75O.00, as approved by the Board on May 14, 1986 (M-86-46 of May 6, 1986) . | | | | | | | � | �