Loading...
HomeMy Public PortalAbout19860709 - Agendas Packet - Board of Directors (BOD) - 86-17 Meet incj ,' -17 AA, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 7 : 30 P.M. REGULAR MEETING Old Mill Office Center Wednesday BOARD OF DIRECTORS Building C; Suite 135 July 9 , 1986 201 San Antonio Circle Mountain View, CA A G E N D A (7 : 30) * ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES (May 28 , 1986 ; June 18 , 1986) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7 ;45) 1. Review of the Use and Management Plan for the Fremont Older Open Space Preserve -- D. Hansen (8:05) 2 . Proposed Addition to the Thornewood Open Space Preserve (land Property) -- D. Hansen Resolution Authorizing Acceptance of Agreement to Purchase Real Property , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Thornewood Open Space Preserve - Zand Property) (8 :20) 3 . Land Acquisition Policy Brochure Content Outline -- H. Grench (3: 40) 4. Progress Report on Contract Sheriff' s Patrol Program for the Sierra Azul Open Space Preserve, Mt. Umunhum Area -- D. Hansen (8 : 45) 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"te conceAned with appewL6 on the agenda, the Chait wiU invite you to addAes.6 the Boated at that time; on othe)L mattuo, you may addtess the Boated undeA Otat Communication6. An atteAnative i.6 to comment to the Boated by a W&itten Communication, which the Boated appteciate.6. Each 6peaket wiU oAdinatity be timited to 3 minutes. When tecognized, pZe"e begin by 4tating your name and addtesz. We tequest that you 6iU out the 6oAms puvided and puzent it to the Recotding SecAetaity .6o that yout name and add)Le,6,s can be acavLatety inctuded in the minutes . Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-14 mnc 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 MAY 28, 1986 MINUTES I . ROLL CALL President Edward Shelley called the meeting to order at 7 :43 P.M. Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley, Harry Turner, and Richard Bishop. Members Absent: Daniel Wendin and Nanette Hanko. Personnel Present: Herbert Grench , Craig Britton , David Hansen, Mary Hale , Jean Fiddes , Stanley Norton, Michael Foster, David Camp, and Emma Johnson. II. APPROVAL OF MINUTES A) May 7 , 1986 Motion: R. Bishop moved that the Board approve the minutes of May 7 , 1986 . E. Shelley seconded the motion. The motion passed 5 to 0 . B) May 17 and 18, 1986 Motion: R. Bishop moved that the Board approve the minutes of May 17 j and 18 , 1986. E. Shelley seconded the motion. The,motion passed 5 to 0. I 1II. WRITTEN COMMUNICATIONS There were no written communications , IV. ORAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus . j VI . BOARD BUSINESS j A. Second Reading of Approval for County to Construct Trail on the Fre- mont Older Open Space Preserve (Memorandum M-86-61 dated May 23 , 1986) D. Hansen reported that construction had begun on the County portion of the trail. H. Grench added that his May 15 letter of agreement had not been signed yet since there is no Director for the County's Parks and Recreation Department at this time , but based on his con- versation with C. Rockwell, an Engineer with the Parks Department, Mr. Rockwell had no doubts about it 'being signed. So that the volunteer project would not be held up, work might have to start on the Preserve portion of the trail before the agreement was signed. j Some concern but no objection was expressed by Board members. Motion: R. Bishop moved that the Board approve amending the Fremont Older Open Space Preserve Use and Management Plan to allow the County of Santa Clara to construct approximately one- half mile of trail on the Preserve with the proviso that I Meeting 86-15 Page two the County sign the letter of agreement and subject to the conditions contained in Memorandum M-86-55 and as amended on May 14 , 1986. K. Duffy seconded the motion. The motion passed 5 to 0. B. Final Adoption of the Interim Use and Management Plan for the Bullis Property Addition to the Skyline Ridge Open Space Preserve (Memoran- dum M-86-22 of May 23 , 1986) D. Hansen reported that the present caretaker is remaining on the site for a period of up to six months and that staff will return to the Board with criteria for soliciting proposals for a long term occupant within the next six months . Motion: K. Duffy moved that the Board adopt the Interim Use and Management Plan as contained in report R-86-23, indicate its intention to withhold the property from dedication, and seek a one year temporary master tenancy lease as soon as possible. T. Henshaw seconded the motion. The motion passed 5 to 0 . C. Approval_ of Official Statement for 1986 Promissory Notes (Memorandum M-86-58 of May 2_2, 1986) M. Foster stated that the May 21 due diligence meeting was held to review all aspects of financing the notes, including setting the pro- posed amount of the notes at $9. 5 million, establishing repayment dates and a five year call redemption possibility , and reviewing the proposed underwriting fees . He noted that the Board, at this time , was only being asked to approve the Preliminary Official Statement and its distribution, adding that the Board would later be asked to adopt a resolution authorizing the sale of the notes. Motion-. R. Bishop moved that the Board approve and authorize distri- bution of the Preliminary Official Statement covering the issuance of the 1986 Promissory Notes. T. Henshaw seconded the motion. The motion passed 5 to 0. D. Proposed Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for 1986-1987 Fiscal Year (Report R-86-30 of May 21, 1986) H. Grench introduced the report noting that the Budget Committee had met twelve times , and a significant amount of time had been spent reviewing the proposed Action Plan for the Communications Program. He said that a key project concerning development of a Good Neighbor information and communications program had been added and that time allocations of the program leader and secretary had been modified in accordance with the Board's request. C. Britton reviewed his portion of the Action Plan and reported that the Real Property Representative position had been filled on a temporary basis . H. Grench said that he intended to authorize filling of this position as a regular half-time position beginning July 1. There were no objections expressed. D. Hansen noted minor changes in the Open Space Management Program, including the proposed reallocation of staff resources. H. Grench added that the position upgrades and new positions have not been approved by the Board and would not be considered as being approved by the Board's approval of the Action Plan. He said that the Budget Committee will make recommendations by early fall on the five year staffing study and then authorization will be sought for the first year Meeting 86-15 Paae three staffing changes. He said that staff and the Budget Committee felt that the figures included in the budget for the first year accurately reflected the funds needed to implement the staffing changes once authorized by the Board. M. Hale reviewed the Communications Program' s proposed Action Plan as contained in the report and discussed its budget implications. R. Bishop asked if the postponement of the public event at Hassler would defer Phase I of the Use and Management Plan for the Preserve. D. Hansen replied that it would not and that the Use and Management i Plan for the site will be presented to the Board in June or July i for consideration. Significant discussion followed R. Bishop's feeling that time and money should not be spent on revising the District' s graphic image and Open Space newsletter format. E. Shelley and H. Turner supported having designs presented to the Board at various stages of planning. T. Henshaw stated her support for the proposed procedure in the Action Plan. K. Duffy noted the Board had previously approved the concept of potential changes in designs and format when it gave preliminary approval to the Action Plan, and T. Henshaw added that the majority of the Board voted to proceed with the preliminary design work. E. Shelley suggested that more Board participation, including a pos- sible workshop and proposed review stages, be included before any final decisions were made on the graphic design or the newsletter. R. Bishop said that he would like for staff to evaluate the need for the changes in a report to the Board at the same time as the Action Plan is re- turned to the Board for adoption. E. Shelley stated that a plurality of the Board members present requested that the key project under discussion be revised to include I more Board review and participation. H. Grench said staff would pre- pare alternative language for Board consideration for key projects three and four of the Public Affairs and Education Subprogram regarding the format of Open Space and a new graphic identitybased on the Board' s o s discussion. E. Presentation of Preliminary Budget for Fiscal Year 1986-1987 (Report May R-86-31 of 23 Y , 1986) H. Grench noted that the $38,000 shown in Table C in the Land Option Fees category under the Communications Program should appear in the Contract Services category' for that Program g Y and he added that the g total figures shown for these two categories need s g to be adjusted accordingly. H. Grench said that three key factors were reflected in the budget: a strong acquisition program because of the new note issue, a signi- ficant increase for site stewardship, and a _,.arge amount of funding devoted to site development. He noted that the budget was being pre- sented on an informational basis at this time and that staff would return at the following meeting to request formal budget adoption. C. Britton, D. Hansen, M. Hale , and J. Fiddes reviewed the proposed i budget figures for their programs . Controller's Report on the Proposed Fiscal Year 1986-1987 Budget (Memorandum M-86-56 of May 21 , 1986) M. Foster reported that the District ' s cash position would be adequate i to cover debt service, operating expenses, year-end reserve require- ments and as much as $11 million of cash for land development and acquisition with the anticipated revenues and proceeds from the new note. issue. He said the District will have the capability of buying $11. 5 million of land. Page four Mee-_ing 86-15 Proposed Budget for 1986-1987 Fiscal Year (Memorandum M-86-60 of May 22 , 1986) T. Henshaw reviewed the Budget Committee' s report and asked the Board to address and consider adoption of the Committee 's recommen- dations . Motion: K. Duffy moved that the Board budget $1300 for a docent and staff recognition event and $4000 for Salary Incentive Awards plus $300 for related PERS contributions . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: E. Shelley moved that committeee member attendance at the Budget, Legislative, Dog, Public Transportation, Santa Clara County Parks Liaison (when formally meeting) , Land Acqui- sition Policy, and Preservation 2020 Task Force (when formally meeting) Committees be compensable. R. Bishop seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board charge the Budget Committee with completing its review and reporting back to the Board by fall of the Five Year Staffing Study, the Three Year Capital Improvement Program, and the Open Space Management Budget Guidelines, or a substitute f c-r the guidelines , and with completing its review of staff' s study of District benefits, flexible benefit plan and total compensation, preceding pre- se ntation to the Board. K. Duffy seconded the motion. The motion passed 5 to 0 . Motion: E. Shelley moved that the Budget Committee be charged with presenting options concerning compensation for Board-appointed staff. R. Bishop seconded the motion. The motion passed 5 to 0. F. Consent for Assignment of Leases on Skyline Ridge Open Space Preserve (Memorandum M-86-56 of May 21 , 1986) C. Britton reported that the leases on Skyline Ridge Open Space Preserve had been assigned to the Wasserman Family in 1983 and that the family now has agreed to transfer all the leases to Ronald D. and Lindsay Wasserman Emerson, the only family members that currently occupy the site. He added that this assignment would reduce to six the family members whose lives measure the length of the Family Com- pound lease . Motion-.- E. Shelley moved that the Board approve the assignment of the "Family Compound" , "Grazing" , and "Woodward" leases to Ronald Emerson and Lindsay Wasserman Emerson and authorize the President of the Board to execute the Consent of Lessor agreement. R. Bishop seconded the motion. The motion passed 5 to 0 . :3. Calling of District Election and Requests for Consolidation of Services (Memorandum M-86-57 of May 21 , 1986) J. Fiddes reported that votersin Wards 1, 2, 5 and 6 were scheduled* to elect Directors in November, and that costs are estimated at $20 , 000 for the Santa Clara County wards and $13 ,000 for the San Mateo County wards. She added that it may be possible to cancel a District election in a ward where only a single candidate has filed nomination papers and to appoint the nominee. , E. Shelley noted that the Board had previously considered this option and that it was felt it was important to have the candidate' s name on the ballot so that citizens would know that District directors are elected positions. Meeting 86-15 Page five H. Turner stated that cancellation of an election in a single candi- date ward would save the taxpayers ' money. Motion: H. Turner moved that the Board change its Rules of Procedure to give an option to the Board to appoint a sole candidate rather than conduct an election. Discussion: E. Shelley pointed out that the Registrar of Voters has to know if a name will appear on the ballot and that the Board cannot have that option. H. Grench added that the Board could wait to consider the question after it is determined whether there are any uncontested wards. He said District Legal Counsel had not yet considered whether the District could actually cancel an election. The motion died for lack of a second. Motion: R. Bishop moved that the Board adopt Resolution 86-29 , a Resolution of the Board of Directors of the Mid peninsula Regional Open Sp4,ce District Calling Election and Requesting Consolidation (Santa Clara County) . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: R. Bishop moved that the Board adopt Resolution 86-30, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Consolidation (San Mateo County) . H. Turner seconded the motion. The motion passed 5 to 0. E. Shelley, T. Henshaw, and H. Turner subsequently stated that they did not favor cancelling an election in a ward if there were only one candidate. H. Rescheduling of the June 25 Regular Meeting (Memorandum M-86-5.9 of May 22, 1986 ) H. Grench noted that a quorum of the Board had not been anticipated at the June 25 meeting and that the meeting had tentatively been rescheduled to June 18. Although it now appeared a quorum would be present, he recommended that the meeting still be rescheduled since Board attendance would be better on June 18 than June 25 . Motion : R. Bishop moved that the Board reschedule its Regular Meeting of June 25 to June 18 , 1986 beginning at 7 :30 P.M. at the District office . T. Hens-haw seconded the motion. The motion passed 5 to 0 . VII . INFORMATIONAL REPORTS R. Bishop reported that, despite limited parking at Purisima Creek Open Space Preserve , there were eleven cars at the site on Sunday, May 25 . VIII . CLAIMS Motion: E. Shelley moved the approval of Revised Claims 86-10. K. Duffy seconded the motion. The motion passed .5 to 0 . IX . CLOSED SESSION S . Norton announced that litigation matters to be discussed in Closed Session fell under subdivision (b) (1) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 9 : 50 P .M. X. ADJOURNMENT The Board reconvened to adjourn the meeting at 11 : 45 P.M. E. Johnson Secretary CLAII~SS No. 86-1 O ! Meeting 86-14 MIDPENII LA REGIONAL OPEN SPACE D__rRTCT Date: May 28, 1986 REVISED Amourit Name Description 94$3 1 ,039.24 Adia Personnel Services Temporary Office Help J-1484 2,685.00 Advanced Process Machinery, Inc. Water Storage Tani. 0485 43.47* Aero Spec Delivery Delivery Services 9486 13.64 AmeriGas Tank Rental C. 60.00 Association of Environmental Professionals District Membership 9=:83 408.43 AT&T Information Systems Group Telephone Equipment °489 8,947.50 Baron Welding & Iron Works Iron Gates 9490 27.00 Bay Planning Coalition Library Document 9491 641 .93 Betts Spring Company Inc. Overload Springs 9492 112.40 L. Craig Britton Reimbursement--Conference Expense 9493 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--May 9=:94 69.43 Clarks Auto Parts Parts for District Vehicles 9495 871 . 0 Clements & associates Engineering Study Appraisal 9496 56.21 Contemporary Engraving Co. , Inc. Name Pins for Docents 9497 5.00 Creek Current; Subscription 94,98 17.94 Creutzburg, Inc. Field Supplies :495 264.69 Alice Cu=ings Reimbursement--Conference Expense and Private Vehicle Expense 9500 142.00 Dennis Danielson Reimbursement--Towing Expense G 95,01 356.32 Dyna tied, Inc. Medical Equipment 95D2 1 ,026.74 Pete Ellis Dodge District Vehicle Repair 9503 190.8i Emergency Vehicle Systems Equipment for District Vehicle I D 0f: 273. 70 John Escobar Reimbursement--Conference Expense and I Ranger Office Equipment 9505 200.00 Jahn P. Estes Mt. Umunhum Road Work i 9�06 111 .40 Jean Fiddes Reimbursement--Conference Expense °107 646.28 Foothill Safety, Inc. Ranger Protective Clothing 350.00 Raye Girouard Patrol Services--May -0, 318.64 William Glass Trucking i 9 Base Rock for Puri sima Whole Access Trai ,Z10 274. 79 Herbert Grench Reimbursement--CPRSand Not-So-Annual ill 31 .50 Mary Gundert P Conferences Private Vehicle Expense I =�12 108.40 David Hansen Reimbursement--Conference Expense 13 7. 57 Harbinger Communications I .` Computer Expense 83.3 Teena Henshaw Reimbursement--Conference Expense ' f515 350.00 Hodnick Design Design Services 111 .44 Hubbard & Johnson Field Supplies =%i7 509. 59 The Hub Schneiders Ranger Uniforms Claims No. 86--10 Meeting 86-14 Date: May, 28 2,-1986' Amount Name REVISED t Description 9518 97.00 Emma Johnson Reimbursement--Subscription and Office Supplies 9519 552.89 Lawrence Tire Services, Inc. Tires for District Vehicle 1 750.74 Los Altos Garbage Company Dumpster Rental 9521 44.49 Los Altos Stationers Office Supplies 9522 114.71 Minton's Lumber & Supply Field Supplies 9523 933.32 Monta Vista Garden Center Fill Dirt for Storm' Damage 9524 42.20 Mt. Unumhum Owners Association Road Repairs li 9525 60.97 Michael Newburn , Reimbursement--Uniform Expense 9526 63.92 Joyce Nicholas Private Vehicle Expense 9527 116.40 Stanley Norton Reimbursement--Conference Expense °528 339.94 On-Line Business Systems, Inc. Computer Expense 9529 255.05 Orchard Supply Hardware Field Supplies 5530 354.77 Pacific Gas and Electric Company Utilities 9531 145.22 Pacific Hardware Field Supplies 9532 1 ,368.07 Pacific Bell Telephone Service and Installation 9533 68.87 PAD Travel Charges Out-of-Town Meeting Expense 9534 28. 17 Peninsula Oil Cor..DanY Field Supplies 9535 153.01 Re6wocd Trade'Bindery Brochure Folding 9536 500.OI'll Chris Sanger Reimbursement--Down Payment--Water Tc ' 5537 210.00 E. R. Sheehan Trail Layout--Los Gatos Creek 9538 816.95 John Shelton, Inc. Field Supplies 9539 13.84 • Skyline County Water District Water Services _5540 48. 10 David Topley Reimbursement--Field Supplies 9541 217.80 Times Tribune Legal Advertising--Ordinance 86-1 9542 800.00 United State Postmaster Postage .543 i23?:�l Valley Title Company Title Fees--North 5544 99.67 Lisa Varney Reimbursement--Guide Books :545 269.09 Voss Materials Base Rock 9546 45.90 Warren, Gorham & Lamont, Inc. Library Document °j47 291 .90 West Coast Shoe Company Ranger Uniform Expense 5548 16.54 Willis Photo Lab Photo Development ' 9549 403.35 Xerox Corporation Maintenance Agreement °550 430.42 Yardbird Equipment Sales Parts for District Equipment 1:551 1C0.00 ZZZ Sanitation Co�!pany Sanitation Services 19552 1 ,221 .93 Blase, Valentine & Klein Legal Services--Deferred Compensation Plan • Issued as emergency check on May 21 , 1986 Claims 'No, 86-10 .._._ _.. . .._ Meeting 86-14 Date: May 28, 1986 Aunount REVISED Name Description 9553 374.00 Gary A. Tate Meal Sessions, Not-So-Annual Parks and Open Space Conference 9554 207.02 Petty Cash Office and Field Supplies, Postage,, Meal Conferences, Film Processing and Private Vehicle Expense Meeting 86-16 A 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 JUNE 18 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7:35 P.M. Members Present: Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Member Absent: Katherine Duffy. Personnel Present: Herbert Grench, Craig Britton, Jean Fiddes, Mary Hale, James Boland, John Escobar, Alice Cummings, Walter Goggin, and Cecilia Cyrier. II . APPROVAL OF MINUTES A. May 14 , 1986 Motion: D. Wendin moved the approval of the minutes of May 14, 1986. N. Hanko seconded the motion. The motion passed 6 to 0. B. June 11 , 1986 Motion: T. Henshaw moved the approval of the minutes of June 11, 1986. E. Shelley seconded the motion. The motion passed 6 to 0. III. WRITTEN COMMUNICATIONS There were no written communications. IV. ORAL COMMUNICATIONS Bob Fisse, Treasurer of the South Skyline Association, requested that Ward numbers be included on the Director's name plaques as a conven- ience to the public. The Board discussed whether represented areas should also be shown on the plaques. E. Shelley stated the Board's consensus that only the numbers be included, and if an individual Board member felt more information should be included, the Director could place the matter on a future aqenda for further discussion. i Jim Warren, 345 Swett Road, Woodside, suggested that Ward boundaries be shown on the District map in the Board room and presented photo- graphs. to the Board taken on the Purisima Creek Redwoods Open Space Preserve. His concerns focused on the portable toilet near Skyline Boulevard, a trash dump site on property owned by Mr. Hosking adjacent I Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 86-16 Page two to District property, ' and fallen trees blocking Corte de Madera Creek Road. J. Boland said that obstructions on District property would be cleared and Mr. Hosking would be contacted about fallen trees on his property. He stated the portable toilet was for use by volunteers helping to build the whole access trail on the site and that it would be removed after. the volunteer work was complete. Bob Sheffield, 145 La Honda Road, La Honda, said that his property adjoins the former Weber property, questioned when the issue regarding his garage which may encroach upon the District's property would be resolved, and asked what the District's plans were for the old struc- ture, noting he would be willing to help remove it C. Britton stated that the District' s Legal Intern would be contacting Mr. Sheffield imminently about the garage. V. ` ADOPTION OF AGENDA H. Grench stated that two items, Appointment of a Treasurer Pro Tempore and Appointment of a Secretary Pro Tempore needed to be added to the agenda. E. Shelley stated that the agenda was adopted by Board consensus with the additions noted. C. Britton introduced Walter Goggin who recently joined the Open Space Acquisition staff as Real Property Representative on a half-time temporary basis. VI. BOARD BUSINESS A. Appointment of Treasurer Pro Tempore and Secretary Pro Tempore H. Grench stated that a Secretary Pro Tempore was required for the evening' s meeting and that it would be prudent to appoint a Treasurer Pro Tempore in case anything was needed for the note issue during T. Henshaw' s absence. With the Board' s concurrence, E. Shelley appointed R. Bishop as Treasurer Pro Tempore for the period of June 22 through July ll and as Secretary Pro Tempore for the period of June 18 through July 9. B. Insurance Coverage Bids (Memorandum M-86-66 of June 14, 1986 and Report R-86-16 of June 18 , 1986) J. Fiddes reported that. the total insurance package bid for the District's insurance coverage for 1986-1987 was $75,299 . 41, a 73% increase over the previous year. She noted that the umbrella liability quotation represented a 432% increase. J. Fiddes introduced Ralph "Skip" McIntyre of Flinn, Gray, & Herterich the District' s insurance brokers, who o ers w reviewed the rea- sons a sons for increases in the various bids and indicated that he would continue negotiations in an attempt to reduce the umbrella lia- bility bid prior to Jul 1. P Y Meeting , 86-16 Page f ive Motion: R. Bishop moved that the District reimburse the General Manager for a comprehensive medical examination, with such reimbursement not to exceed $600. T. Henshaw seconded the motion. The motion passed 6 to 0. D. Adoption of Preliminary Budget for Fiscal Year 1986-1987 (Report R-86-40 of June 4, 1986 and Report R-86-43 of June 12 . 1986) E. Shelley stated that the preliminary budget had been adopted by motion at the June 11, 1986 meeting and that it needed to be adopted by resolution. H. Grench noted that some of the figures would be adjusted to incorporate funds for salary changes adopted earlier in the meeting and benefit changes due to the salary action. The change-in-reserves figure would be adjusted accordingly. Motion: R. Bishop moved that the Board adopt Resolution 86-38 adopting the preliminary budget for fiscal year 1986-1987 adjusted to include salary related changes approved at this meeting. T. Henshaw seconded the motion. The motion passed 6 to 0. The Board briefly discussed the Budget Committee 's question regarding eligibility of Board appointees for deferred compensation and stated they understood all Board appointees would be considered eligible. E. Proposed Cunningham Property Addition to Rancho San Antonio Open Space Preserve (Report R-86-41 of June 9, 1986) C. Britton indicated the location of the property and its proximity to Ravensbury Avenue, stating that this acquisition was a gift of a 1. 3 acre Los Altos Hills lot. A. Cummings showed slides of the property. She stated that the property allows for redesign of the Ravensbury entrance to the Rancho San Antonio Open Space Preserve and that the site will be managed as a natural area. Motion: D. Wendin moved that the Board adopt Resolution 86-39, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Prop- erty, 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 (Rancho San Antonio Open Space Preserve - Cunningham Property) . N. Hanko seconded the motion. The motion passed 6 to 0. Motion: E. Shelley moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the report, including naming the property as an addi- tion to the Rancho San Antonio Open Space Preserve, and indicate its intention to dedicate the property as open space. R. Bishop seconded the motion. The motion passed 6 to 0. Meeting 86-16 Page six F. Proposed Dyer Property Addition to La Honda Creek Open Space Preserve (Report R-8 -46 of June 13, 1986) C. Britton introduced David Rude, attorney for the Dyers, as well as a partner in Rancho del Cielo Associates, and Paul Houghton, caretaker at the Dyer Ranch and a partner in Rancho del Cielo Associates. . A. Cummings showed slides of the property, indicated the location of •both Allen and Bear Gulch Roads, and reviewed the use and manage- ment recommendations, which include not opening the property to the public during the first year to allow for a comprehensive study of the property, including workshops for public input. She stated that boundary plaques and signs would be installed within the first six months and the site would then be opened to organized groups on a permit basis. David Rude presented a portfolio of aerial views of the Dyer Ranch to the Board. C. Britton reviewed the terms of the purchase agreements, noting the terms of the Dyer agreement for the 250 acres called for a purchase price of $2. 2 million with $1. 7 million down at close of escrow and the balance of $500,000 payable at the end of 10 years with annual, seven percent tax-free, interest only payments of $35, 000. He said that the terms for the option interest in the property from Rancho del Cielo Associates called for a purchase k price of $300, 000 payable over 10 years at seven percent tax-free interest with no cash up front for this option. C. Britton said that the total purchase price was $2.5 million, and that the trans- action also involved a gift of 112. 6 acres to Peninsula Open Space Trust. He added that the Dyers would retain a 10-year leasehold right to the house and surrounding five acres and to one-half of the garage structure and said Mr. Houghton, the caretaker, would remain on the site, rent-free, for a minimum of five years in exchange for c five- y ear du ties. g He added that t an additional five year lease could be made available depending P t upon the District' s s need for developing the site as public open space. C. Britton stated that a factor to be resolved before completing this purchase involved current litigation pertaining to the ease- ment rights over the "back road" on the property. He said staff would be returning within a 90-day period with a report on the outcome of staff negotiations and recommendations on either the completion or abandonment of the purchase. Board discussion centered on possible trail rights and staging areas, District rights over the gift parcel to Peninsula Open Space Trust (POST) , POST' s intentions on the use of the gift parcel , and a State of California easement for hiking and riding purposes on the west side of the property. T. Henshaw questioned whether there was a possibility of allowing overnight camping and staff responded that camping was not planned immediately but would be considered in the planning process. i I C Meeting 86-16 Page three Motion: T. Henshaw moved that the Board accept the insurance bid of $75,299. 41 , at a maximum, from Flinn, Gray & Heterich for the District's, insurance coverage for 1986-1987 . H. Turner seconded the motion. The motion passed 6 to 0. C. Presentation of 1986-1987 Salary Survey and Adoption of New Salary Ranges (Report R-86-37 of June 5 , 1986 and Report R-86-42 of June 12, 1986j 1. Adoption of New Salary Ranges for General Manager Appointees H. Grench reviewed the report enumerating the three factors to be considered in determining salary range changes for General Manager appointees. He recommended that the Board place greater emphasis on the public sector data in arriving at their decision rather than on the Consumer Price Index increase or the trends in the private sector, noting the public sector was the District's direct competition. He stated that he hoped the Board would consider a five point salary range increase for the reasons noted, adding that a four point increase would also exceed the Consumer Price Index increase. Gary Foss, the District' s Personnel Consultant, reported on the private sector data indicating that it provides trends and not direct comparability between positions. He stated that a growing trend in the public sector is for agencies to pay the employee' s PERS contribution. He indicated that a four or five point increase would be justified by the current data and explained the reasons he supported a five point increase. Motion: E. Shelley moved that the Board approve a 4 point salary increase for General Manager appointees. T. Henshaw seconded the motion. Discussion: E. Shelley said that a 4 point increase was real growth over the 2.7% CPI increase for the current year. Motion to Amend: D. Wendin moved that the motion be amended to change the salary increase to 5 points for General Manager appointees. R. Bishop seconded the motion. Discussion: D. Wendin said that the CPI was a single factor to consider, that the District should compen- sate its staff well , that staff members were getting older relative to their ability to move to other positions, and that this was the year to give a larger increase to the staff. R. Bishop said that he supported a 5 point increase as a means of rewarding and encouraging the District's high productivity staff to stay at the District. H. Turner said he supports the 5 point increase as a value to attract and retain good employees. Meeting 86-16 Page four Bob •Fisse said that his experiences in working with the staff have been very good, and that he supported a 5 point increase. The motion to amend failed to pass by the following vote Ayes: D. Wendin, H. Turner, and R. Bishop. Noes: E. Shelley, T. Henshaw, and N. Hanko. Motion to Amend: T. Henshaw moved to amend so that the Board increase the salary range to 4.5 points for General Manager appointees as a compromise. D. Wendin seconded the motion. The motion to amend passed 5 to 1 , with N. Hanko voting against the motion to amend. The motion as amended passed 6 to 0. 2. Compensation for Board Appointees (Report R-86--39 of June 5, 1986' E. Shelley reviewed the Budget Committee recommendations. D. Wendin said that he believed the same 4. 5 point salary increase should be used for Board appointees, Motion: D. Wendin moved that the Board increase the General Manager' s salary by $3150; the District Counsel ' s salary by $2500; and the Controller' s salary by $250. R. Bishop seconded the motion, Discussion: E. Shelley and N. Hanko stated they both supported the Budget Committee' s recommendations of four points. Motion to Amend: N. Hanko moved to amend so that the Board accept the Budget Committee recommendations for Board appointees. E. Shelley seconded the motion. Discussion centered on the advisability of using the same point increase for Board appointees and General Manager appointees' salary ranges, how the Budget Com- mittee arrived at their figures, and whether a prece- dent would be set for future years by approving the same percentage increase for Board and General Manager appointees. The motion to amend failed to pass on the following s vote: Ayes: E. Shelley,y, THenshaw and N. Hanko. Noes: H. Turner, R. Bishop, and D. Wendin. The original motion passed on the following vote: Ayes: T. Henshaw, R, Bishop, D. Wendin, and H. Turner., Noes: N. Hanko and E. Shelley. Meeting . 86-16 Page seven Motion: N, Hanko moved that the Board adopt Resolution 86-40, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Dyer) . H. Turner seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board adopt Resolution 86-41, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Option to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Assignment of Option to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Dyer) , H. Turner seconded the motion. The motion passed 6 to 0. Motion: H. Turner moved that the Board tentatively adopt the Interim Use and Management � Plan recommendations contained in the report, including naming the property as an addition to the La Honda Creek Open Space Preserve, and indicate its intention to dedicate the 250 acres as open space, R. Bishop seconded the motion. The motion passed 6 to 0. G. Detailed Schedule for District Master Plan Implementation (Report R-86-47 of June 12, 1986) H. Grench reviewed the report, indicating that staff proposed the hiring of a consultant by the end of September to do the following: a straight-forward analysis of the sphere of influence areas out- side the District boundaries; namely, a resource analysis, an up- dating of current Master Plan map, and initially designating gray areas using the same criteria as used for the existing Master Plan, He said that with this information in place the consultant could then develop criteria for defining a developed community for eminent domain policy purposes, followed by public hearings and adoption by the Board. D. Wendin indicated his support for the change in structure of the time-table but questioned why it would take so long to hire a con- sultant if plans are to use the consultant who did the existing Master Plan. H. Grench responded that it was basically due to Land Management workload. D. Wendin also requested that public input be solicited at workshop format meetings rather than at a public hearing and that Board members be present at these workshops. i Meeting 86-16 Page eight R. Bishop questioned the consultant's task of developing criteria for defining a developed community, since this came up in the eminent domain committee meetings. He suggested that perhaps instead of calling them criteria they they be called guidelines so as to allow for working on a case-by-case basis. N. Hanko indicated that she felt some criteria could be established relative to trail easements. Motion: N. Hanko moved that the Board approve the time-table as presented in the staff report and directed staff to com- mence the solicitation process for a contract planner. T. Renshaw seconded the motion. The motion passed 6 to 0. Staff was directed to prepare a new timeline table for the process for inclusion in the Board member' s binders. H. Proposed Addition to Legislative Program to Support AB 4413 (Report R-86-44 of June 11, 1986) H. Grench noted that since the writing of the report, AB 4413 , if enacted, would place a $95 million, rather than $85 million, State bond measure on the November ballot for California Shore, Beach, and Stream Restoration Facilities. Motion: R. Bishop moved that the Board support AB 4413 as a B priority item to the District's Legislative Program for the 1985-1986 Legislative Session without the item being referred to the Legislative Committee. N. Hanko seconded the motion. The motion passed 6 to 0 . D. Wendin suggested that the Legislative Committee study the San Mateo County Coastside Initiative and the Santa Clara County parks charter measure. I. Annual Claims List for 1986-1987 (Report R-86-45 of June 12, 1986) H. Grench reviewed the report, noting adjustments would have to be made in certain categories because of the Board' s action on salary increases. Motion: T. Henshaw moved that the Board adopt the Annual Claims List adjusted to include the salary related changes adopted at this meeting. H. Turner seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS There were no informational reports. VIII. CLAIMS Motion: R. Bishop moved approval of Revised Claims 86-12. T. Henshaw seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION H. Grench said that no Closed Session would be held. X. ADJOURNMENT The meeting adjourned at 10: 10 P.M. Cecilia Cyrier Secretary �l R-86-49 (Meeting 86-17 July 9, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 1 1986 TO: Board of Directors i FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: Review of the Use and Management Plan for the Fremont Older Open Space Preserve Recommendation: I recommend that you tentatively adopt the amended Use and Management Plan for the Fremont Older Open Space Preserve as contained in this report. Introduction: The Use and Management Plan for the Fremont Older Open Space Preserve was last reviewed by the Board at your March 14 , 1984 meeting. Three additional Use and Management Plan items have been considered since the last review. These are (1) the termination of Sunnyvale Cable TV communica- tions lease, (2) the Brooks trail construction, and (3) County trail construc- tion over a portion of the Preserve. The following reports are available for reference : ° Fremont Older Open Space Preserve Use and Management Plan, report R-84-14 , dated March 5 , 1984 ; ° Final Adoption of the Fremont Older Open Space Preserve Use and Management Plan, memorandum M-84-27 , dated March 15 , 1984; ° Fremont Older Open Space Preserve - Termination of Communications Lease, memorandum M-85-102 , dated June 20 , 1985 ; 0 Illegal grading on the Fremont Older Open Space Preserve and Proposed Amendment to the Fremont Older Open Space Preserve Use and Management Plan, memorandum M-85-84 , dated May 15 , 1985; ° Brooks Trail Addition to the Fremont Older Open Space Preserve Use and Management Plan, memorandum M-85-93 , dated May 31, 1985; ° Brooks Trail Addition to Fremont Older Open Space Preserve report R-85-33 , dated June 20 , 1985; ° Amendment to the Fremont Older Open Space Preserve Use and Management Plan for Construction Approval of a County Trail to Cross One-half Mile of the Preserve, memorandum M-86-55 , dated May 9 , 1986 ; ° Second Reading of Approval for County to Construct Trail on the Fremont Older Open Space Preserve, memorandum M-86-61, dated May 23 , 1986 . The attached Use and Management Plan Summary Chart lists new or revised pro- jects considered herein, incomplete and completed existing projects , and annual projects . i CAMS i\To.86-12 Meeting 86-16 MIDPENINSLTI A REGIONAL OPEN SPACE DISTRICT Date: June 18, 1986 I ' C L A I M S REVISED Amount Name . " Description 9620 403.84 Adia Personnel. Services '• Temporary Office Help 9621 13.20 AmeriGas Tank Rental 9622 85.00 A-Tool Shed Field Tools 9623 51 .75 Bay Muffler District Vehicle Repair 9624 26.58 Matthew Bender and Company, Inc. Library Document 9625 . ' 1 ,530.51 Big Creek Lumber Company Trail Materials for Purisima 9626 43.74 James Boland Reimbursement--Uniform Expense 9627 18.00 The California Native Plant Society District Membership 9628 231 .40 California Water Service Company Water Service 9629 1 ,500.00 John P. Estes Patrol/Caretaker for Mt. Umunhum 9630 97.37 Graphicstat, Inc. Artwork 9631 53.67 David Hansen Reimbursement--Conference Expense 9632 63.90 Land Trust Exchange Library Document 9633 315.43 Los Altos Garbage Company Dumpster Rental 9634 50.00 McElroy's Towing Towing Service " 9635 397.29 Moore Business Forms Warning Citation Books 9636 233. 14 Nobel Ford Tractor, Inc. Tractor Repairs . . 9637 66.80 Stanley Norton April Expenses 9638 395.09 On-Line Business Systems, Inc. " Computer Expense 9639 298.08 Pacific Gas and Electric Company Utilities 9640 112.75 Peninsula Blueprint, Inc. Drafting Chair 9641 44. 14 Pitney Bowes Postage Meter Rental 9642 82.46 Reef Industries, Inc. Hazard Security Barriers 9643 2,500.00 Kurt L. Reitman and Associates Appraisal Services 9644 170.77 J. L. Rice Trucking Materials for Purisima 9645 1 ,000.00 B. J. Rickard Caretaker for Buliis Property 9646 132.84 Sanborn Security Systems, Inc. Locks for Office Cabinets 9647 96.00 , The San Mateo Times Newspaper Group Subscription 9648 170.00 County of Santa Clara GSA Radio Dispatching Service a649 3,000.00 County of Santa Clara Monumentation Survey Work Office of the County Surveyor Los Gatos Creek Park 0650 44.00 Doris Smith Reimbursement--Seminar 9651 38.64 Skyline County Water District Water Service 5652 25. 15 David Topley Reimbursement--Door Repair 0653 373.64 Typothetae Typesetting and Artwork 9654 150.95 West Coast Boot Company Uniform Expense b,,eeririg Cb-vb l Date: June 18, 1986 Amount Name. REVISED Description 9655 193.62 Del Woods Private Vehicle Expense 9656 614.54 Xerox Corporation Off ice, Supplies 9657 69.23 ZZZ Sanitation Company Sanitation Services 9658 25.00 Joyce Nicholas' Reimbursement--Registration Fee for Docent Forum 9659 450.00 Convoy" Company District Vehicle Equipment 9660 63.39 Herbert Grench Reimbursement--Conference Expense, 9661 350.00 Raye Girouard Patrol Services for June 9662 99.25 Petty Gash Meal Conferences, Office Supplies'ane Notary Renewal Fee C Page Two R-86-49 Site Use and Description: The Preserve continues to receive heavy equestrian traffic due to the nearby presence of two stables. Other user groups have begun visiting the Preserve in greater numbers to the point that the parking area is often full on spring weekends . This may be partially attributable to the allowance of dogs on the Preserve and the increasing popularity of mountain bicycles. Along with the increase in use has come an increase in trail conflicts . Four equestrian accidents were reported on the Preserve last year, two of which involved a horse being spooked by either a dog or a bicycle. one direct injury accident occurred between a mountain bicyclist and equestrian on the trail to Villa Maria. Three docent-led tours of the Older home have occurred since the last review. In the spring of 1984 the San Jose Mercury ran a large story on Fremont Older and included the tour schedule. Over 300 people responded to the story, and of those 200 were accommodated on the tour. The remainder were notified of the following year 's tour, and some attended the spring 1985 event. This spring the tour drew 75 people including a Sunset magazine photographer. Pictures from the tour may appear in an upcoming magazine issue on spare-time activities. Planning Recommendations : The Saratoga Hills Country Club has contacted the District office regarding their long term plans to install a driving range immediately adjacent to the Preserve boundary. At the current time, the country club is redefining its green area near the Preserve entrance. Staff will continue to monitor the long term plans of the country club. A. Access and Circulation Illegal night use remains a problem in the parking area at the end of Prospect Road (see attached map) . Several years ago a light was installed to illuminate the parking area and, hopefully, provide an unsuitable atmos- phere in which to party. The light seemed to work at first, but the night time visits have increased over the past year. A resident Ranger lives very close to the parking area enabling more night patrol of the area, but staff is now considering alternative solutions to the problem. The alter- natives under consideration at this time include fencing and gating the parking area or installation of an electric gate at the entrance to the Preserve. Enclosing the parking area would allow the lot to be closed at night but it would also reduce the parking capacity. Meetings with the residents on the road will be held to try to work out a suitable solution. Trail projects that have occurred on the Preserve in the past two years include: a) The Seven Springs loop trail was re-routed to bypass the first steep section of the trail . Work was performed by the District 's trail consultant and at a volunteer Trail Days (TIVC) project in the spring when 40 volunteers participated, and b) numerous "volunteer" trails that have long been a problem in the southern part of the Preserve are being elimi- nated with the assistance of Jan Garrod and volunteers of Garrod Farm. There have been problems with the recently constructed trail leading from the Brooks ' property where slumps have obliterated sections, and trail users are creating "volunteer" trails up the steep slopes . This trailwill be repaired this summer. New or Revised Use and Management Recommendations 1. The poles which delineate the perimeter of the parking area will be replaced. Cost is estimated at $200 with funding to be included in fiscal year 1987-1988 budget preparation. Page Three R-86-49 2 . The increase in illegal night use warrants securing the parking area at night. Gates and/or fencing will be installed next summer. Esti- mated costs is $2500 and will be included in fiscal year 1987-1988 budget preparation. 3 . The trail entrance to the hayfield will be realigned and clarified. An adjacent private driveway is often confused for the trail causing problems for the trail user and neighbor. Estimated cost for realign- ment of the trail is $500 , and funding available in fiscal year 1986- 1987 budget, but not specifically provided for. B. Signs New and Revised Use and Management Recommendations 1. New trail signs will be installed where needed to eliminate any confu- sion in the trail system. Estimated cost is $350 , and funding will be included in fiscal year 1987-1988 budget preparation. 2 . The realigned trail at the entrance to the hayfield will be signed when complete. Cost is estimated at $75 , and funding will be included in fiscal year 1986-1987 budget preparation. C. Structures and Improvements An Eagle Scout project last year involved the installation of split rail fencing along the southern border of the Preserve. The entrance to the Preserve from Garrod Farm remains open. The brown house near the Prospect Road entrance has been a Ranger resi- dence for approximately two years. Improvements to the structure during that time have included termite fumigation, structural improvements , electrical system improvements , septic system repairs , and construction of a new redwood deck to replace an old porch. The adobe has remained vacant for the past 2 years . Negotiations are pro- ceeding with the lessees of the Older house to incorporate the adobe into the Older house lease area. The lease agreement will most likely be pre- sented to you within the next two months. D. Natural Resources and Agricultural Management Further work on the drainage in Seven Springs Canyon has occurred this spring. Two catch basins were created to collect sediment last year. Staff has received several inquiries into potential leases for the hay- field and orchard areas. The hayfield was once used for dryland hay farming but has not been cultivated for the past several years. Coyote brush is beginning to encroach in the hayfield area. Discing of the perimeter of the hayfield is done each year to reduce the fire danger. New or Revised Use and Management Recommendations 1. Staff will pursue an agricultural lease for the hayfield area for the spring of 1987. Besides the monetary gain (which has always been minimal) , leasing the hayfield to an agricultural operation increases the awareness of agricultural practices to visitors as well as in- creasing the fire protection by removal of the crop prior to the fire season. The open vistas created by farmed grassland are also an attractive amenity to visitors of the Preserve. Page Four R-86-49 2. The remaining culverts will be removed from Seven Springs Canyon and the channels naturalized. Care will be taken to retain flood control devices which protect adjacent private lands. The removal of the concrete pads will be included in the project to return the entire area to a natural state. Estimated cost is $3000 , and funding will be included in fiscal year 1987-1988 budget preparation. FREMONT OLDER OPEN SPACE PRESERVE USE AND MANAGEMENT PLAN SUMMARY CHART A. NEW OR REVISED USE AND MANAGEMENT PROJECTS NOW BEING CONSIDERED Proposed Site Projects Funding Anticipated Funding Project Project/ FY 85/86 FY 86/87 FY 87/88 Schedule Funding Notes 1. Secure parking lot $ 2500 Su 87 Fence & gate lot 2. Replace log barriers 200 Su 87 at parking lot 3. Redesign trail access $ 500 500 W 86/87 Minimize public to hayfield trespass 4. Signs at new entrance 75 75 W 86/87 to hayfield 5. Increase trail signage 350 Su 87 on southerly trails 6. Seven Springs drainage 3000 Su 87 Concrete, cul- repairs and clean-up vert removal 7. Solicit agricultural Fa 86 Advertise lease for hayfield FREMONT OLDER OPEN SPACE PRESERVE USE AND MANAGEMENT PLAN SUMMARY CHART (cont.) B. INCOMPLETE EXISTING USE AND MANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project Project/ FY 85/86 FY 86/87 FY 87/88 Schedule Funding Notes 1. Sunnyvale TV site $ 1,000 Fa 86 Not specifically in FY 86/87 budget 2. Improve Ranger residence $ 2,000 $ 2,000 500 86/87 Kitchen, side porch, windows 3. Signs-Maisie Peak, 200 200 86/87 Pending confirma- Nob Hill tion of format 4. Adobe Residence rental Su 86 Under negotiations 5. FOOSP to Picchetti Continuing field Trails Plan work 6. Rainbow's End trail Pending completion easement of subdivision 7. Trail winterization plan 8. Resign Seven Springs Fa 86 Partially complete Trail 9. TIVC trail near Stevens Su 86 Partially complete Creek Reservoir FREMONT OLDER OPEN SPACE PRESERVE USE AND MANAGEMENT PLAN SUMMARY CHART (cont.) C. COMPLETED EXISTING USE AND MANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project Project/ FY 85/86 FY 86/87 FY 87/88 Schedule Funding Notes 1. Water system conversion $ 550 Su 85 Change to upper H2O system 2. Improve Seven Springs Su 85 Not specifically Trail in plan 3. Trail connection - Brooks Sp 85 4. Relocate Regnart stile Su 85 5. Replace Prospect sign frame Su 85 6. Riding ring proposal Party withdrew request FREMONT OLDER OPEN SPACE PRESERVE USE AND MANAGEMENT PLAN SUMMARY CHART (cont.) D. ANNUAL USE AND MANAGEMENT PROJECTS Proposed Site Projects Funding Anticipated Funding Project Project/ FY 85/87 FY 86/87 FY 87/88 Schedule Funding Notes 1. Ranger residence util- $ 290 $ 335 $ 350 86/87 ities and insurance 2. Road maintenance 1050 750 1000 Su 86 PG&E to partici- pate at Villa Maria 3. Trail maintenance 300 300 300 Fa 86 Brooks connection needs repair 4. Sign maintenance 200 200 200 86/87 5. Fence/gate maintenance 150 300 300 86/87 6. Parking light supplies 100 100 86/87 7. Discing 1250 1500 1500 Sp 87 8. Brochure printing 250 200 250 86/87 9. Water system maintenance 300 200 200 87/88 Possibly abandon lower system and contribute to upper 10. Conduct Older tours 86/87 Twice per year 11. Trail maintenance by 86/87 Have eliminated Garrod Volunteers unnecessary trails �`, `..- .� • � - i �� ■ ., -«� ■ ■ • � i VILLA MARIA �. �._.�_ o �.s' s84 I . P�PARKING AREA=00 �/ ( � - / • ` OF -545 ILL S. SEVEN SPRINGS' LOOP TRAI L � nn 'PICCH,.TTI! J C — . � r 1033 � '1HAY�F,IELD' !�OLDER, ` J HOME NK GER RESIDENCE ,STEVENS CREEK- COUNTY PARK ��) � �� J �C.�.j '� �/�•��i ` � `\ ti i •�\�_.� ___.� \.? `�,�i��/� �� �D`c�,`o cod, SITE MAP (US GS) 4 1- �• `i� .s FREMONT OLDERQ11 - -_ OPEN SPACE PRESERVE - EXISTING TRAIL SYSTEM l !' 860 Scale 1" - 1300 ' t North M R-86-52 (Meeting 86-17 'elorJuly 9 , 1986) A] , MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 2 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner; A. Cummings, Environmental Analyst; W. Goggin, Real Property Represen- tative SUBJECT: Proposed Addition to the Thornewood Open Space Preserve (Zand 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 Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Thornewood Open Space Preserve - Zand Property) I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, name the property an addition to the Thornewood Open Space Preserve, and indicate your intention to withhold the property from dedication at this time. Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase an 11. 4 acre lot located on Old La Honda Road in the Town of Woodside above Dennis Martin Creek. The property offers the potential to trade for trail rights in the area. The proposed hiking trail on this lot could help link Old La Honda Road with Thornewood Open Space Preserve and Schilling Lake. Eventual connection to the Portola Valley f Old La Honda Road but several private trail system may. also be possible rom between both this property and Old La Honda Road as properties intervene b p p y well as to the Thornewood Open Space Preserve itself, A. Description of the Site 1. Size, Location, and Boundaries This roughly rectangular 11. 4 acre parcel (Lot 11) is located in the Town of Woodside southeast of the intersection of Dennis Martin Creek and Old La Honda Road. Shortly above this intersection, Old La Honda Road loops around the subject property, bounding it on the east and west, with private property to the north and south. Two intervening private properties separate the parcel from Thorne- wood Open Space Preserve (see attached map, Lot 10 and Lot 12) . I R-86-52 Page two The new owner of the adjacent Lot 10 recently received a lot line adjustment from the Town of Woodside, which included a portion of the subject property. Staff is now attempting to work with the Town to obtain a trail easement through Lot 10 in the development process of Lot 10. 2. Topography, Geology, and Natural Landscape The property, located on northeast facing slopes above Dennis Martin Creek, is very steep, with most slopes greater than 30 percent. Elevations range from 600 to 800 feet, representing a 200 foot rise over a distance of approximately 600 feet. The steepest part of the property is the lower eastern side above Old La Honda Road, while the upper portion adjoining La Honda Road is more gentle. The lot line adjustment resulted in loss of the flattest part of this property to neighboring Lot 10 , making this property less potentially developable. The entire area is shown as part of a large landslide deposit on the 1978 map "Landslide Susceptibility in San Mateo County" by Brabb, Pampeyan and Bonilla, and therefore this property is rated as having the highest susceptibility to landsliding. The under- lying rock is sandstone of the Franciscan formation. There is a recent sizeable landslide on the eastern boundary of the property above La Honda Road and numerous small slides in the forest above Dennis Martin Creek. The property lies between the San Andreas and the Pilarcitos Faults. The San Andreas Fault is approximately one-fourth mile to the east and the Pilarcitos Fault is one-half mile to the west. The steep east facing slopes above Dennis Martin Creek support a dense redwood-tanoak forest. Large old redwood stumps remain from earlier logging days. Vegetation on the upper part of the property is primarily oak-madrone forest intermingled with chaparral. The dense shrubby understory includes much poision oak, making off-trail travel difficult. Drainage from this area flows into marsh lands adjoining Searsville Lake, passes through the lake, and enters San Francisquito Creek. 3. Cultural History The area surrounding Dennis Martin Creek was logged in the late 1800' s. Martin had one sawmill next to Schilling Lake and another near the bottom of Dennis Martin Creek. Old La Honda Road was in place by 1868 , a part of 12,545 acre Rancho Canada de Raymuhdo. In the 1920' s the area near Dennis Martin Creek was planted with many exotic species of plants, some of which survive today. B. Planning Considerations The property is located within the Town of Woodside in San Mateo County. It is considered a part of the "Woodside Country Club - Portola Hills Area" in the Woodside General Plan. This area is characterized by problems of access, poor water supply, and slope instability. Most of the area was subdivided prior to 1920 and the road and lot patterns present many problems. Except for Old La Honda Road, all roads are considered private. R-86-52 Page three The lot is zoned SCP (Special Conservation Planning) which requires a minimum lot area of five acres. The lot is surrounded by private property which has been developed with residential homes. The site has a medium rating on the District' s Master Plan, a composite rating indicating the suitability of land as open space. Woodside' s General Plan shows the area as one of high fire risk because of problems of access and water supply, steep slopes, and high fuel loading. If Lot 11 were sold for development, no building construction would be permitted on the steep slopes above Dennis Martin Creek where the pedestrian trail is proposed. C. Current Use and Development The property is undeveloped with the exceptions of some rough dirt roads to potential building sites near the top portion of the property. Access is from Old La Honda Road where there is a small one or two car pullout along the upper property boundary. D. Potential Use and Development While the property itself does not offer any immediate public trail or other uses, acquisition of the lot offers the potential to trade for other trail or property rights in the vicinity at some future date. Old La Honda Road is shown as a hiking and bicycling route on the Woodside Trails Plan (1975) . This plan depicts future equestrian trails along Dennis Martin Creek and Montecito Road. These trails would come near the property but would not adjoin it. At present a trail built on an easement across Lot 10 and through Lot 11 to Old La Honda Road, would connect only with the hiking/ bicycling route on Old La Honda Road. An existing trail along Dennis Martin Creek is currently superior to the proposed trail route since the trail follows the route of an old logging road alongside the creek and has a gentle grade. Although the curve of old La Honda Road surrounding the property con- nects with a portion of Montecito Road, which comes very close to the Town boundary of Portola Valley, this area has several homes and the Town of Portola Valley has no plans for a connecting trail in the immediate vicinity. Hikers exiting at the upper boundary of the prop- erty would have to walk nearly a mile uphill to the vicinity of the intersection of Upper Lake Road and Meadow Road to where a connection has been proposed to the Portola Valley Trails system. Connection with the Portola Valley trail system will enable hikers to eventually reach the Windy Hill Open Space Preserve. E. Interim Use and Management Recommendations 1. Boundary plaques will be installed where appropriate after the boundary has been surveyed and marked by the seller. 2. Public use would not be encouraged since it is a small isolated site. R-86-52 Page four F. Dedication The property should not be dedicated at this time to allow for poten- tial trade or sale of the property to perfect the District's future trail or other plans in the area. It should be understood that while this isolated lot does not allow any immediate benefits to access or utilize the Thornewood Open Space Preserve, the acquisition offers future opportunities to sell or trade the lot with or without a public trail easement across it for other trail or public property opportuni- ties in the same area. It is apparent that trail uses, especially by equestrians, are desirable in the area. In some instances private trails in the area now receive substantial use by the general public. The desirability of obtaining trail connections to better access the Thornewood Open Space Preserve and to connect with the Windy Hill Open Space Preserve and other public lands is considered important by District staff. G. Naming This property should be named as an addition to Thornewood Open Space Preserve. H. Terms The total purchase price as stipulated in the attached Agreement to Purchase Real Property would be $260,000 payable in cash at the close of escrow. Funds for this purchase would come from the proceeds of the District' s 1986 note issue. :s•: ........................... _.—._._a-vS" f4 � O,sRT PAR/rt 2•B HUD 1.2 _ = EXHIBIT A — SITE MAP (USGS) Park• Nlt�a 6 +' °°'.,a• Woodside ', 10 �i T' IC?,`:�rIOOD OPEN SPACE PRESERVE v �{c r _ •, 1.3 _ t• " _ 1.3 'e sP�° / 0 1.3 � s,.=.. ..._mil o�•—„w. — 2000 i m.rer • G. h WUN°fFIICH _ '7•1 North \ .E.�� , ;11s�.E IP[E 5.3 vt•" GG�t}. FA.FK ��'.b .Z� �•j LaM ST 1.9 Porlow Nls �- � lV1TA' "'ley eb 04 V. er rva y i a (t` 007 rJ M 62. < !., G _ ; 459 -- ��} ,-1 \�` ��� y 4•y \ \v V •1' yy/ ,�,N q S�o 'a! x� �yf l!J� _r �\.�\� aid I `1-, �, � % ••\ 7J C� /1 I `��� � r II l� WUNDERLICtY.COUNTY- PARvCati y1♦. .l\ .•�•Sear�vi�le 8 U i/ '� •� M 1or,caI Mirka' 1 Alamo b LOT 10.E iv ., i - • • '%•yam C�_SM@ � •' .ram v�Q� I•�/! `` ��{ t I � ��, \ If A• � LOT 11� PROPOSED ACQUISITION --- ` Yv�GRANDVIEW DR ``�'",:; r �,� Ti •� \\�1' � ater `~ P,��� ..-_) X.XA Yo t'�'�� I . . ' �•� LOT 12 1[•RJ1 - ,-••�... _ _ ,i .�` • C-, _� `�\ moo e 26 _x o �•�` ��. a . — / r .i .,l ♦• - t ( la 'S rP._£ �/icoo1 a,��.�/ <4�� /.r�. ♦• :.. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE = ZAND PROPERTY) 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 and approve that certain Agreement to Purchase Real Property between Siavosh Marc Zand 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 and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate 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 and approval of agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2000, 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. f Section Five. The sum of $260,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Acquisition Fund for this purchase. I i RESOLUTION NO. 86-42 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRI- ATE TO CLOSING OF THE TRANSACTION (THORNEWOOD OPEN SPACE PRESERVE = ZAND PROPERTY) 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 and approve that certain Agreement to Purchase Real Property between Siavosh Marc Zand 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 and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appro- priate 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 and approval of agreement to sellers. The General Manager further is authorized to execute any and all other documents in escrow necessary or appro- priate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2000, 00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $260,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1986 Promissory Note Acquisition Fund for this purchase. -_ j AGREEMENT TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into by and between SIAVOSH MARC ZAND (hereinafter referred to as "SELLER") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter referred to as "DISTRICT") , a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. W I T N E S S E T H WHEREAS, SELLER is the owner of certain real property (herein- after referred to as "Lot 1111) containing approximately 11.407 acres located in the Town of Woodside, County of San Mateo, State of California; being more particularly described in Exhibit "A" as attached hereto and incorporated herein by this reference; and WHEREAS, SELLER also has an interest in certain real property (hereinafter referred to as "Lot 10") containing approximately 10. 696 acres located adjacent to Lot 11 being more particularly described in Exhibit B as attached hereto and incorporated herein by this reference; and said Lot 10 is in the process of being sold to Johnathan B. Par-mer subject to a boundary line adjustment as depicted on Exhibit "C" as attached hereto and incorporated herein by this reference; and WHEREAS, DISTRICT was organized as a public agency to acquire and receive real and personal property for public park, recreation, conservation and open space purposes in the San Francisco Midpenin- sula area; and WHEREAS, SELLER desires to sell and DISTRICT desires to pur- chase Lot 11 (after completion of the boundary line adjustment) for the consideration and on the terms and conditions hereinafter set forth. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows : 1. Purchase and Sale. SELLER does hereby agree to sell to DISTRICT and DISTRICT hereby agrees to purchase from SELLER fee title to that portion of Lot 11 remaining after the completion of the boundary line adjustment between Lot 10 and Lot 11 as shown on said Exhibit "C" (hereinafter "the Propertv) . Agreement to Purchase Real Property - Zand Page Two 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be the amount of Two Hundred Sixty Thousand and No/100 Dollars ($260 ,000.00) . The Purchase Price shall be fully payable in cash at close of escrow. 3. Escrow. Promptly upon execution of this Agreement, an escrow shall be opened at First American Title Insurance Company or other title company acceptable to DISTRICT and SELLER ("Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall"be deposited with Escrow Holder to serve as instruction to Escrow Holder, provided that the parties shall execute such additional supplementary or customary instructions as Escrow Holder may rea- sonably require. This Agreement may be amended or supplemented by explicit additional instructions signed by the parties, but the printed portion of such instructions shall not supersede any incon- sistent provisions contained herein. Escrow Holder is hereby appointed and designated to act as an escrow holder and is author- ized and instructed to deliver, pursuant to the terms of this Agree- ment, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: a. The time provided for in the escrow for the close thereof shall be on or before the expiration of thirty (30) days following execution of this Agreement by DISTRICT or 10 days following SELLER'S obtaining Town of Woodside approval and providing DISTRICT 'with a legal description of modified Lot 11 as provided in Section 8 , whichever is later; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when the Escrow Holder causes the Grant Deed and other documents (as defined below) to be duly recorded in the office of the County Recorder of San Mateo County. b. SELLER shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed in a form acceptable to DISTRICT. C. DISTRICT shall deposit into escrow on or before the Closing its check for $260,000. 00 as described under Section 2 herein, and the required Certificate of Acceptance for the Grant Deed duly executed by DISTRICT and to be dated as of the Closing. d. SELLER shall cause First American Title Insurance Com- pany, or other title company acceptable to DISTRICT and SELLER, to be prepared and committed to deliver to DISTRICT a standard coverage CLTA policy of title insurance dated as of the Closing, insuring DISTRICT in amount of Two Hundred Sixty Thousand and No/100 Dollars ($260, 000. 00) for the Property and showing title to the Property vested in fee simple in DISTRICT, subject only to: (i) current real Agreement to Purchase Real Property - Zand Page Three property taxes; (ii) the standard printed exceptions contained in said title insurance policy; and (iii) all other matters approved in writing by DISTRICT prior to the Closing. In the event SELLER is unable to remove disapproved exceptions before the time set forth for the Closing, DISTRICT shall have the right either (i) to terminate the escrow provided for herein (after giving written notice to SELLER of such disapproved exceptions and affording SELLER at least twenty (20) days to remove such exceptions) and then Escrow Holder and SELLER shall, upon DISTRICT'S direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder; or (ii) to close the escrow and consummate the purchase. of the Property. e. All costs or expenses for escrow fees, title insurance and other costs and fees associated with close of escrow shall be apportioned or allocated between DISTRICT and SELLER in the manner customary in San Mateo County. All current property taxes for the Property shall be prorated through escrow between DISTRICT and SELLER as of the Closing based upon the latest available tax infor- mation using the customary escrow procedures, f. Escrow Holder shall , when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfulled, cause the Grant Deed and other recordable documents to be recorded in the office of the County Recorder of San Mateo County, California. Upon the Closing, Escrow Holder shall cause to be delivered to the DISTRICT originals of the policy of title insurance required herein, and to SELLER the Escrow Holder' s check for the Purchase Price (less SELLER' S portion of the expenses described in this Section 3) , and to DISTRICT or SELLER, as the case may be, all other documents or instruments which, in accordance with the intentions of this Agreement, are to be delivered to them. In the event the escrow terminates without closing as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and the escrow is cancelled for any reason, all parties shall be excused from any further obligations herei,�nder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such ter- mination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. Notwithstanding any other provisions of this Agreement, in the event of SELLER'S inability to convey marketable title, or a defect in title or dis- approved exception to title, DISTRICT' S exclusive remedy is to i Agreement to Purchase Real Property - Zand Page Four proceed with the purchase without reduction in the purchase price or to terminate the Agreement without any financial or other obli- gation on the part of the SELLER with respect to such defect or exception, it being the intention hereby that SELLER shall incur no financial or other obligation with respect to the correction of any defect in title or exception to title. 5. 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 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 or rental agreement of the Property being acquired by DISTRICT, including but not limited to claims for relocation benefits and/or payments pur- suant to California Government Code Section 7260 et seq. SELLER understands and agrees that the provisions of this Section shall sur- vive the close of escrow and the recordation of any Grant Deed. 6. SELLER' S Warranties. a. This Agreement and all other documents delivered by SELLER to DISTRICT now or at the Closing have been or will be duly authorized, executed and delivered by SELLER and are legal , valid and binding obligations of SELLER sufficient to convey SELLER'S title to DISTRICT, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which SELLER is a party. 7. Waiver of Statutory Compensation. SELLER and DISTRICT under- stand and agree that SELLER may be entitled to receive the fair mar- ket 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 secs. SELLER asknowledges that he is familiar with the applicable federal and California law. SELLER hereby waives all existing and future rights he may have to receive the fair market value of the Property under any applicable federal or California law. 8. Boundary Line Adjustment. DISTRICT shall not beiresponsible for any fees or costs of any nature whatsoever involved in the bound- ary line adjustment between Lot 10 and Lot 11 as depicted on said Exhibit "C" . Upon approval of the boundary line adjustment by the Town of Woodside, the final legal description of modified Lot 11 shall be provided by SELLER for use in preparation of the Grant Deed as required in Section 3. b. herein. I� I Agreement to Purchase Real Property - Zand Page Five 9. Miscellaneous Provisions . 9. 01 Choise of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 9. 02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any defalut or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 9. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or waive the fulfillment of any condition that is precedent to the performance by such party of any of its obliga- tions under this Agreement. Any agreement on the part of any party f for any amendment, extension or waiver must be in writing. 9. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumula- tive with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 9 . 05 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal ser- vice or sent by telegraph or cable or sent by registered or certi- fied mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: SELLER: S. Marc Zand 50 Toyon Road Atherton, CA 94025 (415) 32-3016 I i Agreement to Purchase Real Property - Zand Page Six DISTRICT: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 cc: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 If sent by telegraph or cable, a confirmed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee's registry or certification re- ceipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different per- son to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt noti- fication is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 9 . 06 Disclaimer of Representation. DISTRICT and SELLER agree that, except as otherwise specifically provided herein, neither SELLER, nor any of his employees , representatives, or agents have made any representations, warranties or agreements as to any matters concerning the Property which are not contained in this Agree- ment, including, without limiting the generality of the foregoing, the condition of the improvements thereon, or the fitness of the Property or such improvements for any use intended by DISTIRCT. DISTRICT agrees to purchase and SELLER agrees to deliver the Property at the Closing in an "as is" condition without reliance by DISTRICT on any express or implied warranties of any kind. No patent or latent defects in the physical condition of the Property, whether or not now known or discovered, shall affect the rights of either party hereto. 9. 07 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction , the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions of this Agree- ment with valid and enforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. Agreement to Purchase Real Property - Zand Page Seven 9.08 Counterparts. This Agreement may be executed in separate counterparts , each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 9. 09 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condi- tion or as a waiver of any other term, provision or condition of this Agreement, 9. 10 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof; and it supersedes any and all prior corresvondence, conversations, negotiations , agreements or under- standings relating to the same subject matter. 9. 11 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9 . 12 Survival of Covenants . All covenants of DISTRICT or SELLER which are expressly intended hereunder to be performed in whole or in part after the Closing , and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respec- tive parties hereto and their respective heirs, successors and per- mitted assigns. 9. 13 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obliga- tions under this Agreement to any third party without the prior written approval of the other party. 9. 14 'Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and per- form such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 9. 15 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding to the extent permitted by law, on the successors and permitted assigns of the parties hereto. Agreement to Purchase Real Property - Zand Page Eight 9. 16 Captions. Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 9. 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and j the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. i 9. 18 Miscellaneous. SELLER agrees to and does hereby indemnify and hold DISTRICT harmless from and against any and all other costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licenses or otherwise, claiming through, under or by reason of the conduct of SELLER in connection with this transaction. 9. 19 Broker' s Commission. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs , liabilities, losses, damages , claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by rea- son of the conduct of the indemnifying party in connection with this transaction. 10. Acceptance. DISTRICT shall have until midnight july 9 1986 to approve, accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the Property to DISTRICT for the consider- ation and under the terms and conditions herein set forth. As con- sideration for the tender of said offer the DISTRICT has paid and SELLER sknowledges receipt of the sum of Ten and No/100 Dollars ($10. 00) . Provided that this Agreement is accepted and executed by DISTRICT, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed by their duly authorized officers: Agreement to Purchase Real Property - Zand Page Nine MIDPENINSULA REGIONAL :OPEN .SPACE SELLER DISTRICT ACCE ^ED_ OR RECON- 2IENDATION �� �C Siavosh riarc Zand Date L. Crai Britton, /k'A Land Acquisition Manager • y APPROV ED .AS TO FORM. Stanley Norton, District Counsel APPROVEED AND ACCEPTED President, Board o= Di_ectors F i ATTEST i District Clerk I Date I i Agreement to Purchase Real Property - Zand Page Ten CONSENT OF OTHER PARTIES IN INTEREST lie certify that: 1) We are remaining parties in interest to the real property which is the subject of this Agreement to Purchase Real Property. 2) jie hereby confirm that we have read the terms and provisions- of this Agreement to Purchase Real Property and consent and approve of the same. Thom Pi. -ano, et l . . By Thomas M1. Gano Date Claudia J Ga_.- «1� ate By ,�ohn T. Rosenberg ` Date BY 2- 2 19 8� Mary osenberg U Date B "Robert S. Procter Tate / B y \ r ell` _ `� 2 � —_Vir i is S. Procter a e I i i 1 f That certain real property situated in the State of California, County of San Mateo, Town of Woodside, described as follows: Being Lot Number 11 as shown on that certain map entitled "Map of Portola Hills, San Mateo County, California, " filed in the Office of the County Recorder of San Mateo County, California on June 28, 1910 in Book 7 of Maps at Page 20 . � I That certain real property situated in the State of California, County of San Mateo, Town of Woodside, described as follows: Being Lot Number 10 as shown on that certain map entitled "Map of Portola Hills, San Mateo County, California, " filed in the Office of the County Recorder of San Mateo County, California on June 28 , 1910 in Book 7 of Maps at Page 20 . 13 I I ' I XI IZoIT Cave of C;' '- �© \ ILI 1aq\ f 1 n \ IG EXHIBIT G '_ \ p of R-86-50 (Meeting 86-17 July 9 , 1986) 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 1, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; M. Hale, Public Communications Coordinator SUBJECT: Land Acquisition Policy Brochure Content Outline Introduction: A key project in the 1986-1987 Communications Program, Public Affairs and Education Subprogram, is to develop a new brochure to explain the District' s land acquisition policies, including eminent domain. The content of this brochure is to be approved by the Board. You are being asked at this time to approve a preliminary outline for the content and format so that staff may develop draft text for your consideration. This brochure is being prepared to meet the requirements adopted on April 23, 1986 by the Board in the introduction and in Section 8 of the District's Policies Regarding Use of Eminent Domain, as follows : In negotiations or discussions with landowners, the District staff shall not threaten eminent domain but will explain relevant law and District policy. The Board of Directors of the District shall approve a brochure which shall explain this policy, include information on the use of arbitration, open space easements and contracts, and life estates, for example, and will encourage private open space preservation. 8. Publicity Policies and proposed changes pursuant to restraint of eminent domain shall be adopted by ordinance following a public hearing, legally noticed and freely publicized (at least ten (10) days prior to any public hearing and after any changes) in a manner designed to reach the attention of property owners within the District's planning areas. Publicity shall include at a minimum giving notice to members of the public who have asked to be notified, to owners of properties within the District' s planning areas which are greater than twenty (20) acres, to known homeowners ' associations within the District's planning areas , to cities and counties within the District's sphere of influence, to other organizations having a continuing interest in the District, R-86-50 Page two to the District's newsletter mailing list, and via an appropriate press release. Purposes and Uses of Brochure To gain maximum benefit from the time and expense involved in the production of this publication, the following are suggested as desirable uses for the brochure: 1) to explain the District's policies and pro- cedures regarding the acquisition of land; 2) to serve as a "how-to" procedural guide for staff and for property owners; 3) to describe the District' s "good neighbor" practices, including the site planning process and public involvement; 4) to provide a guide to public and private land preservation techniques; 5) to provide a document readily available to answer many often-asked questions pertaining to the District's land acquisition program, and 6) to provide the actual text of the policy as an attachment to the first distribution. The useful life of the brochure should be at least two years. Items such as maps (which could prematurely render parts of the brochure inaccurate) would be provided as additional separate material to be supplied at the time of an individual request. Distribution and Content Two preliminary aspects of this project need to be approved: 1) that the brochure should be sent out in the initial mailing and not just a notice of its availability; 2) that the entire text of the eminent domain policy should be made available as a separate document. Title and Format Suggested title: "Open Space: Planning and Acquisition Procedures of the Midpeninsula Regional open Space District." Suggested format is 6" x 9" to allow the use of standard kraft mailing envelopes as well as a convenient size for presenting heavy amounts of text in an easy-to-read format. Printing quantities would be sufficient to allow distribution for individual requests for the brochure and the separate eminent domain policy document during the rest of the year. (This would reduce the higher cost of producing a brochure containing the eminent domain policy text, and would also provide greater flexibility, so that either the brochure or the eminent domain policy text could be sent, or both could be sent—together, depending on the request. ) Suggested Outline I Introduction to the Mid2eninsula: Regional Open Space District A. How and when it was created and expanded B. its purpose C. How it is governed D. Row it is financed E. How Open Space preserves are created; what they are; public benefits R-86-50 Page three F. The District's Boundaries a. Master Plan b. Sphere of Influence C. Planning Areas II . How the District Acquires Property for Open Space Preserves A. Statement that most properties are brought to the attention of the District by willing owners who wish to sell to the District. B. Criteria the Board of Directors and the staff use in evaluating properties for prospective use as an addition to an Open Space preserve. C. Some examples of ways in which owners can benefit (i .e. , tax advantages, estate planning) . D. Procedures used in the acquisition of property by the District, including policies regarding potential use of eminent domain and arbitration. E. Private land preservation techniques . Explanation of different methods , showing some of the options available and their advantages to property owners . III. The District's Land Planning Process : How the Public Can Become Involved Description of ways public participation is encouraged by the District: Board meetings , neighborhood meetings, workshops, public notices to mailing lists, private donations, corporate donations, volunteering time to help further the works of the District. IV. Questions and Answers A list of often-asked questions to provide information not contained elsewhere in the brochure. Note: Throughout the brochure, technical terms would be explained the first time mentioned. R-86-50 Page four V. Tear-Out Return Form (to request further information) Sample: Please contact me personally with more information I about the District's acquisition procedures. Please send me a map of the District' s boundaries 2 and Sphere of Influence. 3 Please send me a guide to the District's preserves. Please place me on your mailing list to receive 4 Open Space newsletter. 5 1 would like to support the work of the Open Space District. My tax-deductible donation for $ is enclosed. As a public service, the District maintains different mailing lists relating to specific aspects of the District. 6 Some of these include: Land Acquisition Policy, Dogs , Bikes, Trail Uses, Board Agendas, Board Minutes . Please check this box to receive a list of categories so you can select your choice. My .name and address : (name) (street) kcity) (state) (zip) My phone is Area Code Recommendation: My recommendations are as follows: 1) approve the preliminary outline for content and format as described in this report; 2) mail the brochure to everyone on the Board-approved lists in an initial, well-publicized, mailing; 3) print and mail the entire text of the eminent domain policy as a separate document at the same time the brochure is initially mailed; 4) include a letter from the President to introduce the brochure when it is initially mailed. R-86-51 (Meeting 86-17 July 9, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 2 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland, Operations Supervisor � SUBJECT: Progress Report on Contract Sheriff 's Patrol Program for the Sierra Azul Open Space Preserve, Mt. Umunhum Area Introduction: At the April 16 , 1986 Board meeting you approved final adoption of the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve (see memorandum M-86-40 , dated April 8 , 1986) . Contained in the report was a comprehensive overview of the draft patrol agreement between the District and the Santa Clara County Sheriff 's Department for the extra patrol coverage in the Hicks and Mt. Umunhum Road areas. After some discussion, you directed staff to pro- ceed with completing and executing a patrol agreement with the County Sheriff 's Department, and to return to the Board in three months with a progress report. Discussion: After approximately two months of further negotiations and draft agreement review by District staff, a final draft of the patrol agreement was presented to the County Sheriff 's Department in early June for the Department 's review. Aside from a few minor points , the County Sheriff 's staff is amenable to the terms and conditions in the agreement. However, they are still awaiting final approval from County Counsel and the County Administrator 's office before proceeding further. The Sheriff 's staff is indeed anxious to execute the patrol agreement and appears confident that approval to proceed will occur within one to two weeks . Given the present timetable, it is expected that the patrol agreement will be executed by mid-July 1986 , with deputies under contract on-line by late July or early August. During the interim, a resident caretaker and his family have moved into the former Air Force radar base for added site security. The resident caretaker is providing a strong evening and weekend presence which, to date, has been very effective in minimizing the incidence of unauthorized entry onto the site. In addition, the former caretaker, employed by the Air Force, is providing additional daily coverage of the site to the District for approximately 20 hours per week. He has also been passing on valuable site information to District staff and doing site security tasks such as sign and fence installation and fire prevention work around the buildings . I M-86-67 (Meeting 86-17 Ad. July 9, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July 1, 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Umbrella Liability Insurance Coverage At your meeting of June 18, you considered and accepted the bids for the District' s insurance coverage for the 1986-1987 fiscal year. At that time, the bid from St. Paul Surplus for our umbrella lia- bility coverage was $26, 832 at a maximum, and it was noted that this might be reduced through further discussions with the company. The bid has been reduced to $17,159. 32, a 277% increase over the 1985- 1986 premium. M-86-68 (Meeting 86-17 July 9, 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July 3 , 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Nicholas , Coordinator of Volun- teer Programs SUBJECT: Acknowledgement of Contributions by Doug Erskine to the District Doug Erskine is retiring from the District 's docent program after ten years of enthusiastic, dedicated volunteer service. Doug is the only remaining member of the first group of docents, formed in 1976 , who is still active in the program. He has given hundreds of hours leading walks and hikes as well as training new and old docents, sharing his extensive knowledge of the flora of the Preserves . His wit, enthusiasm, and expertise have been enjoyed by many visitors to Open Space Preserves. Doug will be missed, but we wish him and his wife Leila well in their new home in Santa Rosa. No doubt they will soon be busy exploring other Northern California open spaces. I recommend that as a Special Order of the Day you adopt a Resolution of Appreciation (attached) acknowledging the generous contribution of Doug Erskine to the District. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM July 8 , 1986 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: 1986 Promissory Note Issue Closing of the District's new 9 ,5 million dollar note issue took place today as scheduled and went very smoothly, The District' s Controller, Mike Foster, and I represented the District. Attached is a specimen copy of a note'. Stone and Youngberg, the District' s underwriters, have already sold all of the notes , As reported at the June 13 continued meeting, the overall net interest cost including underwriting fees is 7. 20%. The average interest cost excluding cost of issuance is 6 .77% and the average life of the notes is six years . R-85-45 (Meeting 86-16 18, 1986) w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 12, 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Annual Claims List for 1986-1987 Recommendation: I recommend you approve the Annual Claims List as shown below for the 1986-1987 fiscal year. Discussion: in accordance with Section 1.53 of the District's Rules of Procedures, this list of annual claims for the 1 86-1 8 fis cal is 9 cal 7 yea r i s submitted Y f approval . All items are in accordanceor Board with the budget t pr esented ted g P at your mee ting last night. Staff will be prepared to amend the amounts shown for Staff Salaries, Retirement Funds and State-Mandated Insurance based on decisions to be made at the June 18 meeting on General Manager and Board Appointees' compensation. ANNUAL CLAIMS Item Description Amount Directors ' Fees $ -21',000.00 Staff Salaries -},088;356,08 $10137,900.00 ,Retirement Funds 717600.00 74,100.00 t Group Insurance Premiums '112,000.00 State-Mandated Insurance 677388-00 70,400.00 Office Rent 77,800.00 Management Vehicle Expense 5,600.00 Expense Subtotal '* $1 ,498 800.00'3x *Annual claims adopted by Board at June 18 meeting with numbers to be amended to reflect salary changes and benefit changes resulting from salary increases . Noteholder--Land Principal Interest 1 . Burns $ 160,000.00 $ 19,200.00 2. Mindling-Harrison 8,500.00 2,550.00 3. Guadalupe Disposal 21 ,300.00 8,520.00 4. Risley (Leverich) 1 ,696.08 2,955.72 5. Bean 50,000.00 5,000.00 6. Crist (1981 ) 37,100.00 8,904.00 7. Catalano 9,120.00 8. Sorahan (Jeffries) 3,087.13 919.67 9. Sorahan (Thoren) 5,331 .57 1 ,588.83 10. Skyline Ranch 300,000.00 24,000.00 11 . Anderson 20,000.00 1 ,600.00 12. Rose & Basich 76,243.20 5,337.02 13. Basich 4,989.20 2,344.92 14. J. Allen 29,400.00 2,058.00 15. K. Allen 29,400.00 2,058.00 16. Van Vleck 2,750.00 495.00 17. Rose 9,978.40 698.49 18. Truesdell (Rongey) 118.59 4,741 .41 i9. Zabel 15,000.00 7,350.00 I • R-85-45 Page two I 20. Gano 35,000.00 6,300.00 21 . Crist (1983) 35,000.00 8,400.0o 22. Fernandez 81 ,430.00 19,543.20 23. Ertel ] 9,000.00 5,o4o.00 24. Incerpi 30,000.00 16,8o0.o0 j 25. Bachtold 4o,000.00 8,250.00 26. Grossmith 3,850.00 693.00 27. Cho 100,000.00 49,000.00 28. Jenkins 17,500.00 2,625.00 29. Wilkins 170,000.00 149,600.00 30. Collett 55,000.00 29,356.26 31 . Chesebrough 28f500.00 5,g85.00 32. Chesebrough 64,500.00 13,545.00 33. Barlow 9,500.00 7,065.63 34. Darling 14,100.00 9,870.00 35. Closs 12,800.00 10,24o.o0 36. Bullis 6o,000.00 42,000.00 37. Hosking 316,000.00 177,300.00 38. Jamison 6,936.37 6,328.07 39. Eilertsen 26,430.03 9,569.97 TOTAL--LAND $1 ,890,440.57 $686,952. 19 Bonds Payable 1 . Series A - 1977 $ 460,0oo.o0 $ 31 ,740.00 2. 1982 Note 6o0,000.00 324,600.00 3. 1985 Note 400,000.o0 293,800.00 TOTAL--BONDS $1 ,460.000.00 $ 650,140.00 TOTAL--LAND AND BONDS $3,350,440,57 $1 ,337,092. 19 A detailed list of debt service obligations is attached. j i ( I I i j I S3ATE OF CALIFORNIA—THE RESOURCES AGE1 GEORGE DEUKMEJIAN,Governor DEPARTMENT OF PARKS AND RECREATION P.O. Fox 2390 +1 �V SACRA.MENTO 95811 (916)324-9067 Ju ne e 10, 1986 Mr. L. Craig Britton, S.R./W.A. Land Acquisition Manager Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Mr. Britton: We are unable to recommend the Coal Creek Open Space Preserve Acquisition Project for financial assistance under the 1985/86 Fiscal Year Land and Water Conservation Fund Program. The selection of projects is based upon the amount of available funds, federal criteria, and the State's federally approved project selection system. After taking into consideration these factors, your project was rated lower than the funded -projects within Planning District 4. For r this reason, it could not be included in this year's program. Prior to project selection, your staff had requested that we withdraw i the Skyline Ridge Development Project from funding consideration. I appreciate your interest in the Land and Water Conservation Fund Program and hope you will not become discouraged from submitting applications in future years. Sincerely, Wm. S. Briner Director I i MEMBERS CONSULTANTS PETER M.DETWILER ROSE ANN VUICH (ilttlifarnitt �L Pgislttturf LESLIE A.MCFADDEN VICE CHAIR COMMITTEE SECRETARY RUBEN S.AVALA KAVE PACKARD WILLIAM CAMPBELL WILLIAM A.CRAVEN ROOM 2080 M MARKS ('ITIIIItntitt.>2P RSTATE CAPITOL `J!�i CAMENTO 95814 NEWTON R.RUSSELL SA(916)445-9748 II� �1IICM� �IILIPY'YIxTiPYt� 'i MARIAN BERGESON CHAIRMAN June 18 , 1986 Herb Grench, General Manager Midpeninsula Regional Open Space District Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Dear Herb: ` I am sorry that my busy schedule yesterday kept me from I personally thanking you for all your help with the special assessment provisions in my Senate Bill 1685 . I understand that you were very helpful in resolving the concerns of the Building Industry Association and drafting amendments . f I also appreciated your willingness to appear before the Assembly Local Government Committee yesterday should any questions have arisen. Thank you again. Cordially, I N BERGESON cc: Ralph Heim I� i � II i .m.w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: July 3, 1986 i I y" UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTIES OF SANTA CLARA AND SAN MATEO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY NOTE INTEREST RATE MATURITY DATE DATE OF ISSUE CUSIP JULY 1, 1986 595917 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a regional open space district located in the Counties of Santa Clara and San Mateo.State of This Note shall not be entitled to any benefits under the Resolution or become valid or obligatory to,any purpose until the certificate of authentication and Ca iforzi(the"District").hereby acknowledges reellmdebted and to,value received promises to pay loins registered owner set forth above on the maturity registration hereon endorsed shall have been signed by the Paying Agent data as forth above(subject to any right of prior redemption hereinafter provided for)the principal sum set forth above,together with interest thereon I­ :he mien;:1 payment date next preceding the date of authentication and registration of this Note(unless this Note is authenticated and registers,, a of an It is hereby certified,recited and declared that this Note is issued in strict conformity with the Constitution and Is,$of the State of California now in force interest payment date,in which event it shall bear interest from that dale,or unless this Note is authenticated and registered prior to December 15,1986,In and with the proceedings of the Board of Directors of the District authorizing One same.and that all acts,conditions and things required to exist,happen and w b hich event it shall bear interest lrom July 1,19861 until p,y—f,, p., inn In n a led nd i I this v d. een performed in regular and due time,form and imarm r as re uired 0 q do. not exceed any limit prescribed by it Con b. or statute. 0 SI the In re o i tip is Note is payable from limited ad valorem property taxes levied efu i r shall be payable only by check mailed to the registers iam I I and I ee ­1 d of thin b 0 n h of nt 0 December o15,1986,and semiannually thereafter on June 15 and fle .Bo o',is r e�. 7 to he tnu is 'd If Ey 515,N earn shall be payable on the maturity or prior redemption of this Nor'n b with 1 .1.1. sors Cl y and y the Board of Supervisors of San Mateo County,and ir principal hereof are payable in lawful..may of In.United Star rru of ter nk �M ON is a ne signature of the President of is Board of Directors and attested M C 0 Vw 0 der d I pr Francisco, the Paying Agent of the District c REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THE NOTE SET FORTH ON THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES by the facsimile signature of the Secretary of its Board of Directors.and has caused the seat of the District to be imprinted hereon and has caused this Note HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. to be dated July 1.1986 CERTIFICATE OF AUTHENTICATION AND REGISTRATION MIDPENINSULA REGIONAL OPEN SPACE DISTRICT This is one of the Notes described in the within-mentioned Resolution which has been authenti- cated and registered on FIRST INTERSTATE BANK OF CALIFORNIA, ATTEST a as Paying Agent SIDENT OF THE BOARD OF lv ......... 4 BY DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SECRETARY OF THE BOARD OF DIRECTORS OF MIDPENINSULA AUTHORIZED OFFICER REGIONAL OPEN SPACE DISTRICT "'JJ;'tJ -I z Mw' g. A 1;', 141 - I I i A 2 z 'JD6& MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1986 PROMISSORY NOTE The Notes maturing on or after December 15.1992,are subject to optional redemption by by authority of Section 5544.2 of the Public Resources Code of the State of California,and is the District prior to their respective maturity dates from any source of funds,upon mailed notice issued to provide funds for acquiring necessary and proper lands and facilities for open space as hereinafter provided,on any interest payment date on or after December 15, 1991,as a purposes of the District. whole,or in part in inverse order of maturity(and by lot within any one maturity),upon payment of the following redemption prices(computed on the principal amount of the Notes or portions This Note is transferable by the registered owner hereof, in person or by his duly thereof called for redemption)together with accrued interest thereon to the redemption date, authorized attorney,at the above-mentioned office of the Paying Agent,upon surrender of this as follows: Note for cancellation accompanied by delivery of a duly executed written instrument of transfer 102 %if redeemed prior to June 15, 1992; 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 101 h%if redeemed thereafter and prior to June 15. 1993; issued to the transferee in exchange therefor,in the manner,subject to the conditions and 101 %if redeemed thereafter and prior to June 15, 1994; terms and upon payment of the charges provided in the Resolution.The District and the Paying 100%%if redeemed thereafter and prior to June 15, 1995;and Agent may deem and treat the registered owner of this Note as the absolute owner hereof for 100 %if redeemed thereafter and prior to maturity. the purpose of receiving payment hereof and for all other purposes,and neither the District nor The District shall give mailed notice of redemption of any Notes to the registered owners of the the Paying Agent shall be affected by any notice or knowledge to the contrary;and payment of Notes called in whole or in part at least fifteen(15),but not more than thirty(30),days prior to the interest end the principal of this Note shall be made only to such registered owner,which the redemption date:provided,that failure to receive any such notice shall not affect the Payment shallll be valid and effectual to satisfy and discharge liability on this Nate to the extent redemption of such Notes. of the sum or sums so paid. This Note is one of a duly authorized issue of promissory notes of the District aggregating The Notes are authorized to be issued in the form of fully registered Notes in the nine million five hundred thousand dollars($9,500.000)in principal amount(the"Notes"),all of denomination of$5.000 or any integral multiple thereof(not exceeding the principal amount of like tenor and date(except for such variations,if any,as may be required to designate varying Notes maturing in any one year).Subject to the conditions and terms and upon payment of the numbers,denominations,interest rates or maturities),and is authorized to be issued under and charges provided in the Resolution,the Notes may be exchanged at the above-mentioned office pursuant to the conditions and terms of Resolution No.86-36 of the Board of Directors of the of the Paying Agent for the same principal amount of Notes of the same maturity date of any District(the"Resolution")duly and regularly passed and adopted on June 13,1986,under and other authorized denominations. LEGAL OPINION I hereby certify that the following is a correct copy of the signed legal opinion of Orrick,Herrington&Sutcliffe,San Francisco,California,on file in my office,dated the date of delivery of and payment for the notes therein described. V_,M�- t�A SECRETARY OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LAW OFFICES ORRICK, HERRINGTON & SUTCLIFFE 600 MONTGOMERY STREET SAN FRANCISCO,CALIFORNIA 94111 Midpeninsula Regional Open Space District 1986 Promissory Notes (Counties of Santa Clara and San Mateo,State of California) (Final Opinion) We hereby Certify that we have examined a certified copy of the record of the proceedings relative to the issuance of$9,500,000 principal amount of promissory notes of the Midpeninsula Regional Open Space District(the"District").a regional open space district located in the Counties of Santa Clara and San Mateo,State of California,designated the"Midpeninsula Regional Open Space District 1986 Promissory Notes"(the"Notes").The Notes are dated July 1,1986,are 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),and mature and bear interest(payable on December 15,1986,and semiannually thereafter on June 15 and December 15 of each year)as set forth in the following schedule: Principal Maturity Date Interest Amount December 15 Rate $ 710,000 1987 5 % 880,000 1988 5.60 925,000 1989 6 980,000 1990 6.25 1,045,000 1991 6.50 1,115,000 1992 6.75 1,190,000 1993 7 1,285,000 1994 7.10 1.370,000 1995 7.20 The Notes are subject to prior redemption on the terms and subject to the conditions set forth therein and in the resolution providing for their issuance. Interest due on or before the maturity or prior redemption of the Notes is payable by check mailed to the registered owners thereof as of fifteen(15)days prior to a rest payment date,and the principal of the Notes is payable on the maturity or prior redemption of the Notes upon surrender thereof by the registered owners thereof.Both the principal ofelerest on the Notes 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. Interest upon the Notes,in our opinion,is exempt from all present Federal income taxes and State of California personal income taxes under existing statutes,regulations and court decisions. In our opinion such proceedings show lawful authority for the issuance of the Notes under the Constitution and laws of the State of California now in force,and the Notes are valid and legally binding obligations of the District,payable from limited ad valorem property 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. Faithfully yours, ORRICK,HERRINGTON&SUTCLIFFE per ASSIGNMENT For value received the undersigned do(es) hereby 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 '<Exchange or a commercial bank or trust company. PLANNING PROCESS TIMETABLE - DISTRICT MASTER PLAN UPDATE Revised' Version Adopted June 18 , 1986 � h tD CO iCO � a a o m �4 O 2 A h w Solicit and -hire contract planner 11lIH1111111111i1111 Ascertain guidelines to 1111lIIIIIUII!lIIU11lIIIIIIIUtllllllllilllllll delineate communities- Gather data for map 11111!l11I1111l11i11111111111111l11lIIIIIIIH1111 on sphere area Layout 1111111111111111 First public meeting Revisions 11lIN1111111 Delineation of initial communities ...... .. ...._, Board review of , draft plan Revisions 111l111 Printing 111111111111111111111111111 * = Public hearing. (Public hearings and specific detailed mapping for delineating other communities could continue beyond completion of map revision. ) , CLAIMS No.86-13 Meeting 86-17 MIDPENIN. ,A REGIONAL 'OPEN SPACE DI_ _RICT Date: July 9, 1986 C L A I M S Amount Name Description 9663 1 ,009.60 Adia* Services, Inc. Temporary Office Help 9664 1 ,439.59 AT&T Information Systems Group Telephone Equipment 9665 138.35 Bruce .Baker's Skywood Gas & Towing Fuel for District Vehicles 9666 85.00 Bay Area Water Trucks Water Service for Mt. Umunhum . 9667 495.00 Dick'Beltran Excavating Slide Removal on Woods Road 9668 65.24 James Boland Reimbursement--Field Eq uiP ment 9669 495.00 Louis B. Bordi & Son Road Repair 9670 1 ,000.00 California Advocates, Inca Legislative Consultant Fee--June 9671 298.46 State of California Department of General Services Procurement Fee 9672 85.00 University of California Extension Seminar--Jean Fiddes 9673 98.82 Clark's Auto Parts Equipment for District Vehicles 9674 169.52 Clement Communications, Inc. Subscription 9675 44.00 Joan Combs Reimbursement--Seminar 9676 1 ,940.56 Communications Research Company Portable Radios and Accessories 9677 8.72 Crest Copies, Inc. Bluelines 9678 28.89 The Darkroom Photo Processing 9679 24,832.78 John Ehret Dodge Chrysler Purchase of District Vehicles 9680 195.81 Far-West Distributors Uniform Expense 9681 11 .00 Federal Express Corporation Express Mail 9682 125.90 Jean Fiddes Reimbursement--Equipment Repair 9683 102.52 Walter D. Goggin Private Vehicle Expense 9684 190.00 Herbert Grench Reimbursement--Conference and Out-of Town Meeting Expense 9685 149.76 Mary Hale Reimbursement--Film and Photo Supplies, and Meal Conferences 9686 1 ,500.00 Kenzo Handa Architectural Services 9687 100.00 David Hansen Reimbursement--Partial Membership Dues 9688 627.04 _ Hawkins Hawkins Co. , Inc. Signs 9689 118.21 Home Plumbing Plumbing Supplies j 9690 250.06 The Hub Schneider's Uniform Expense 9691 142.50 Janet L. Johnson Word Processing--Contract Documents 9692 159.75 Langley Hill Quarry Field Equipment 9693 173.71 Lee and Associates Fire Fighting Equipment 9694 10.00 Los Altos Town Crier Subscription 9695 14.00 Management Learning Laboratories Subscription 9696 10.00 Meredith Community Newspapers Subscription i CLAIMS No. 86-13 Meeting 86-17 Date: July 9, 1986 1, Amour_t Name ' Description 9697 955.12 Miracle Auto Painting Painting of District Vehicles 9698 69.41 Mobil Oil Company Fuel for District Vehicles 9699 833.30 Moore Business Forms Warning Citation Books 9700 490.85 Northern Hydraulics, Inc. Field Equipment 9701 637.56 Orchard Supply Hardware Field Equipment 9702 111 .32 Pacific Bell Telephone Service 9703 93.60 Pacific Gas & Electric. Company Utilities 9704 15,00 City of Palo Alto City Council Agenda 9705 20.00 Public Employees' Retirement System Seminar--Marie McGough � 9706 98.00 Fred Pryor Seminars Seminar--Emma Johnson 9707 500.00 B. J. Rickard Caretaker for Bullis Property 9708 1 ,581 .53 Romtec, Inc. Underground Vault 9708 333.55 County of Santa Clara General Services Agency Field Supplies 9709 814.27 Scribner Graphics Press Business Cards 9710 194.35 Sears Roebuck and Company Field Supplies 9711 1 ,585. 18 Shell Oil Company Fuel and Repairs for District Vehicles 9712 234.33 John Shelton, Inc. Culverts 9713 32.35 Tools-R-Us, Inc. Field Equipment k 9714 954.00 Trail Information & Volunteer Center Volunteer Trail Construction 9715 72.00* United States Postmaster Postage 9716 800.00 United States Postmaster Postage 9717 50.29 Unocal Fuel for District Vehicles 9718 265.50 Valley Title Company Title Insurance--Rader 9719 1 ,334.40 Vangas, Inc. Tank Rental and Propane Gas 9720 190.75 Sandy Voorhees Reimbursement--Seminars 9721 4*02.33 Xerox Corporation Maintenance Agreement 9722 485.40 Yardbird Equipment Sales Field Equipment 9723 2, 100.00 Ortha Zebroski Access Improvement Project--Skyline Ridge *Issued as Emergency Check on 7/1/86 CLAIMS No.86-13 Meeting 86-17 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: July 9, 1986 • C L A I M S REVISED Amount Name Description 9663 1 ,009.60 Adia' Services, Inc. Temporary Office Help 9664 1 ,439.59 AT&T Information Systems Group Telephone Equipment 9665 138.35 Bruce .Baker's Skywood Gas & Towing Fuel for District Vehicles 9666 85.00 Bay Area Water Trucks Water Service for Mt. Umunhum . 9667 495.00 Dick'Beltran Excavating Slide Removal on Woods Road 966$ 65.24 James Boland Reimbursement--Field Equipment 9669 495.00 Louis B. Bordi & Son Road Repair 9670 1 ,000.00 California Advocates, Inc. Legislative Consultant Fee--June 9671 298.46 State of California Department of General Services Procurement Fee 9672 85.00 University of California Extension Seminar--Jean Fiddes 9673 9$.82 Clark's Auto Parts Equipment for District Vehicles 9674 169.52 Clement Communications, Inc. Subscription 9675 44.00 Joan Combs Reimbursement--Seminar 9676 1 ,940.56 Communications Research Company Portable Radios and Accessories 9677 8.72 Crest Copies, Inc. Bluelines 9678 28.89 The Darkroom Photo Processing 9679 24,832.78 John Ehret Dodge Chrysler Purchase of District Vehicles 9680 195.81 Far-West Distributors Uniform Expense 9681 11 .00 Federal Express Corporation Express Mail 9682 125.90 Jean Fiddes Reimbursement--Equipment Repair 9683 102.52 Walter D. Goggin Private Vehicle Expense 9684 190.00 Herbert Grench Reimbursement--Conference and Out-of Town Meeting Expense 9685' 149.76 Mary Hale Reimbursement--Film and Photo Supplies, and Meal Conferences 9686 1 ,500.00 Kenzo Handa Architectural Services 9687 100.00 David Hansen Reimbursement--Partial Membership Dues 9688 627.04 Hawkins Hawkins Co. , Inc. Signs 9689 118.21 Home Plumbing Plumbing Supplies 9690 250.06 The Hub Schneider's Uniform Expense 9691 142.50 Janet L. Johnson Word Processing--Contract Documents 9692 159.75 Langley Hill Quarry Field Equipment 9693 173.71 Lee and Associates Fire Fighting Equipment 9694 10.00 Los Altos Town Crier Subscription 9695 14.00 Management Learning Laboratories Subscription 9696 10.00 Meredith Community Newspapers Subscription t A rwrs i+►o. Meeting 86-17 Date: July 9, 1986 ,. Amoura Name ' REV I SED Description 697 955. 12 Miracle Auto Painting Painting of District Vehicles 9698 69.41 Mobil Oil Company Fuel for District Vehicles 9699 833.30 Moore Business Forms Warning Citation Books 9700 490.85 Northern Hydraulics, Inc. Field Equipment 9701 637.56 Orchard Supply Hardware Field Equipment 9702 111 .32 Pacific Bell Telephone 'Service 9703 93.60 Pacific Gas & Electric Company Utilities 9704 15.00 City of Palo Alto City Council Agenda 9705 20.00 Public Employees' Retirement System Seminar--Marie McGough 9706 98.00 Fred Pryor Seminars Seminar--Emma Johnson 9707 500.00 B. J. Rickard Caretaker for Bullis Property 9708 1 ,58331 .53 Romtec, Inc. Underground Vault 9708 Coun.ty of Santa Clara General Services Agency Field Supplies 9709 814.27 Scribner Graphics Press Business Cards 9710 194.35 Sears Roebuck and Company Field Supplies 9711 1 *585. 18 She] ] Oil Company Fuel and Repairs for District Vehicl- . 9712 234.33 John Shelton, Inc. Culverts 9713 32.35 Tools-R-Us, Inc. Field Equipment, 9714 954.00 Trail Information & Volunteer Center Volunteer Trail Construction 9715 72.00* United States Postmaster Postage 9716 800.00 United States Postmaster Postage 9717 50.29 Unocal Fuel for District Vehicles 9718 265.50 Valley Title Company Title Insurance--Rader 9719 1 ,334.40 Vangas, Inc. Tank Rental and Propane Gas 9720' 190.75 Sandy Voorhees Reimbursement--Seminars 9721 402.33 Xerox Corporation Maintenance Agreement 9722 485.4O Yardbird Equipment Sales Field Equipment 9723 2, 100.00 Ortha Zebroski Access Improvement Project--Skyline Ridge 9724 189.94 Petty Cash Professional and Meal Conferences, Photographic and Office Supplies Issued as Emergency check on 7/1/86 i CLAIMS No.86-13 Meeting 86-17 MIDPENINSULA REGIONAL OPEN SPACE DI Date: July 9 1 86 S 9 T Y DISTRICT . 0 L A I M S REVISED Amount Name ' Description i 9663 1 ,O09.60 Adia"Services, Inc. Temporary Office Help 9664 1 ,439.59 AT&T Information Systems Group Telephone Equipment 9665 138.35 Bruce Saker's Skywood Gas Towing Fuel for District Vehicles 9666 85.00 Bay Area Water Trucks Water Service for Mt. Umunhum . 9667 495.00 Dick'Beltran Excavating Slide Removal on Woods Road 9668 65.24 James Boland Reimbursement--Field Equipment 9669 495.00 Louis B. Bordi & Son Road Repair .r 9670 1 ,000.00 : California -Advocates, Inc. Legislative Consultant Fee--June 9671 298.46 -State of California Department of General Services Procurement Fee 9672 85.00 University of California Extension Seminar--Jean Fiddes 9673 98.82 C1ark's Auto Parts Equipment for District Vehicles 9674 169.52 Clement Communications Inc.� Subscription 9675 44.00 Joan Combs Reimbursement--Seminar 9676 1 ,940.56 Communications Research Company Portable Radios and Accessories 9677 8.72 Crest Copies, inc. Bluelines 9678 28.89 The Darkroom Photo Processing 9679 24,832.78 John Ehret Dodge Chrysler Purchase of District Vehicles 9680 195.81 Far-West Distributors Uniform Expense 9681 11 .00 Federal Express Corporation Express Mail 9682 125.90 Jean Fiddes Reimbursement--Equipment Repair 9683 102.52 Walter D. Goggin Private Vehicle Expense 9684 190.00 Herbert Grench Reimbursement--Conference and Out-of Town fleeting Expense 9685' 149.76 Mary Hale Reimbursement--Film and Photo Supplies, and Meal Conferences 9686 1 ,500.00 Kenzo Handa Architectural Services 19687 100.00 David Hansen Reimbursement--Partial Membership Dues 9688 627.04 Hawkins Hawkins Co. , Inc. Signs 119689 118.21 Horne Plumbing Plumbing Supplies II9690 250.06 The Hub Schneider's Uniform Expense 9691 142.50 Janet L. Johnson Word Processing--Contract Documents 9692 159.75 Langley Hill Quarry Field Equipment 9693 173.71 Lee and Associates Fire Fighting Equipment 9694 10.00 Los Altos Town Crier Subscription 9695 14.00 Management Learning Laboratories Subscription 9696 10.00 Meredith Community Newspapers Subscription Meeting 86-17 Amoi t .. Name" REVISED my 9, 1986 Description 9697 955.12 Miracle Auto Painting Painting of District Vehicles* 9698 69.41 Mobil Oil Company Fuel for District Vehicles 0699 833.30 Moore' Business Forms Warning Citation Books 9700 490.85 Northern Hydraulics, Inc. . Field Equipment 9701 637.56 Orchard Supply Hardware Field Equipment 9702 I11 .32 Pacific Bell Telephone Service j 9703 93.60 Pacific Gas & Electric Company Utilities 9704 15.00 City of Palo Alto City Council Agenda 9705 20.00 Public Employees' Retirement System Seminar--Marie McGough 1 9706 98.00 Fted Pryor Seminars Seminar--Emma Johnson 9707 500.00 :B. J. Rickard Caretaker for Bullis Property ` 9708 1 ,5833119.5333 Romtec, Inc. Underground Vault 970833r55 Coun.ty of Santa Clara General Services Agency Field Supplies 9709 814.27 Scribner Graphics Press Business Cards 9710 194.35 Sears Roebuck and Company Field Supplies 9711 1 ,585. 18 Shell Oil Company Fuel and Repairs for- District Vehicle: 9712 234.33 John Shelton, Inc. Culverts 9713 32.35 Tools-R-Us, Inc. Field Equipment. 9714 954.00 Trail Information & Volunteer Center Volunteer Trail Construction 9715 72.00' United States Postmaster Postage 9716 800.00 United States Postmaster Postage 9717 50.29 Unocal Fuel for District Vehicles 9718 265.50 Valley Title.Company Title Insurance--Rader 9719 1 ,334.40 Vangas, Inc. Tank Rental and Propane Gas 9720 190.75 Sandy Voorhees Reimbursement--Seminars 9721 402.33 Xerox Corporation Maintenance Agreement 9722 485.40 Yardbird Equipment Sales Field Equipment 9723 2, 100.00 Ortha Zebroski Access Improvement Project--Skyline Ridge 5724 169.94 Petty Cash j Professional and flea] Conferences, Photographic and Office Supplies Issued as Emergency check on 7I1J86 I