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HomeMy Public PortalAbout19870311 - Agendas Packet - Board of Directors (BOD) - 87-05 Meqting 87-05 Adr APW 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 201 San Antonio Circle Wednesday BOARD OF DIRECTORS Suite C-135 March 11 , 1987 A G E N D A Mountain View, CA (7 : 30) * ROLL CALL CLOSED SESSION (Litigation Matters) (7 :45) APPROVAL OF MINUTES (February 25 , 1987) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS ( 8 :00) 1. Sale of 1987 Promissory Notes -- M. Foster Resolution Authorizing the Issuance of $21,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promis- sory Notes and Providing for the Form, Execution and Repayment of Said Notes Resolution Authorizing the Execution and Delivery of a Purchase Contract Relating to $21 ,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Approving the Official Statement Relating to Said Notes and Authorizing the Execution and Delivery of an Escrow Agreement Relating to Said Notes Resolution Authorizing the Execution of an Agreement with Seattle- First National Bank Relating to $21 ,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes (8 -25) 2 . Comprehensive Use and Management Plan for Los Gatos Creek Park (Former Novitiate Property) -- D. Hansen (9 :25) 3. Whole Access Training/Awareness Session -- D. Hansen (9 :45) 4. Final Adoption of the Revised Relative Site Emphasis Plan and the 1987 Use and Management Plan Target Review Schedule, and Related Matters -- D. Hansen (10 :10) 5 . Request for Authorization to Solicit Dump Truck Bids -- D. Hansen (9 -_ i ) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *Times are estimated. Agenda is subject to change of order. (over) TO ADDRESS THE BOARD: When an item you'te conceAned with appeoA,6 on the agenda, the Chait wZU invite you to addAe,6/s the BoaAd at that time; on otha matteAz, you may addtesz the BoaAd undeA OAat Communicationz. An atteuative is to comment to the BoaAd by a WAitten Communication which the Boated appteciate/s. Each speakut wiU otdinatUy be tbnited to 3 minuta. When ucognized, ptea/se begin by stating youA name and add kus. We tequest that you 6itt out the �otm pl'Lovided and pte- ,sent it to the Recotding SecAetoAy so that you/t name and addte/ss can be accutatety included in the minutes. USE AND MANAGEMENT PLAN REVIEW The Use and Management Plan review for Windy Hill Open Space Preserve is tentatively scheduled for the March 25 Board meeting. Please send your written comments , ideas , and concerns to David Hansen, Land Manager by March 11 so that they can be considered in drafting the staff report. You may call the District office between March 23-25 to confirm that the item is on the agenda. NOTICE OF PUBLIC MEETING The Land Acquisition Policy Committee will meet at 7 : 30 P.M. on Monday, March 9 at the District office to consider Brown Act imple- mentation policies. Meeting 87-04 0, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS FEBRUARY 25 , 1987 MINUTES I . ROLL CALL Vice President Katherine Duffy called the meeting to order at 7:35 P.M. Members Present: Teena Henshaw, Katherine Duffy, Nonette Hanko, Daniel Wendin, and Gerry Andeen. Members Absent: Richard Bishop and Edward Shelley . Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, Del Woods, James Boland, Stanley Norton and Joan Combs II . APPROVAL OF MINUTES February 11, 1987 N. Hanko stated that the motion referenced in the first sentence of the discussion section for the Motion to Amend on page 5 was made by D. Wendin. She further stated that the last sentence on page 5 required clarification. G. Andeen noted that the final phrase "acquisitions that are then annexed" should be deleted for clarity . Motion: D. Wendin moved that the Board approve the minutes of February 11, 1987 as corrected. T. Henshaw seconded the motion. The motion passed 5 to 0 . III . WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications : 1) a letter, dated February 12 , 1987, from Ray Hosler, 304 O'Connor Street, Menlo Park, concerning the poor condition of Purisima Creek Road . J. Combs said that a draft staff reply was included in the informational material distributed at the meeting. 2) A letter, dated February 11, 1987, from Judith Milgram, 825 Cedro Way, Stanford, expressing concern about the removal of cattle from Russian Ridge Open Space Preserve; 3) a letter, dated February 10 , 1987 , from the Trail Use Committee of the Midpeninsula Trails Council, concerning trail usage standards and etiquette, and containing recommendations for Jones Trail in Los Gatos Creek Park; 4) a letter, dated January 28, 1987, from Harry Dean, Jr . , Board Chair, Whole Access, reiterating that organization 's strong support for access to the Alpine Lake Area of Skyline Ridge Open Space Preserve for persons with disabilities and advocating a parking area north of Alpine Road serving a trail/service road that would pass beneath Alpine Road to the Alpine Lake Area . Meeting 87-04 Page two D. Hansen said that the suggestions contained in the letter from Whole Access would be included in deliberations when the parking lot possibility at Alpine Road was presented to the Board. Discussion centered on the status of the grazing leases on Russian Ridge Open Space Preserve. D. Hansen stated that grazing on the Preserve would be considered on the March 25 or April 8 agenda . H. Grench guggested that the item be postponed until the April meeting as N. Hanko would not be present at the March 25 meeting, and she wanted to participate. K. Duffy stated the Board's consensus that the April 8 date was approved. IV. ORAL COMMUNICATIONS Eric Thompson, Star Route 2, Box 415, La Honda addressed- the issue of bicycles on trails , and suggested that bikes be allowed on District land, but restricted to access roads because of the possible dangers to other preserve and trail users . D. Hansen stated it would be several months before a trail standards policy was completed. Lewis Reed, representing the Mid- peninsula Trails Council, said the Council was now addressing trail usage and invited Mr. Thompson to attend the Council 's meetings. V. ADOPTION OF AGENDA K. Duffy stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Presentation of Proposed Youth Trail Corps Program (Report K-87-40 of February 19 , 1987) D. Hansen introduced Carol Norton, who has been organizing the effort to establish and fund the Youth Trail Corps . Ms . Norton reviewed the proposal that was being submitted to the Board, noting it involved an eight week program which would begin in the summer of 1987 , and asked for a declaration of support from the Board, and an opportunity for the Youth Corps to do a trail building project for the District. N. Hanko noted the proposal referred only to Santa Clara County. C. Norton said the proposal ' s intention was to include southern San Mateo County, as well as northern Santa Clara County. D. Wendin said he would support the request for the program and suggested that staff prepare an appropriate letter. H. Grench said he hoped the Board would support the program, but recommended that a staff analysis be done for a proposed project on costs to the District as compared to other ways to have trail work done . Motion: N. Hanko moved that the Board support the concept of the Youth Trail Corps Program and write a letter of support. T. Henshaw seconded the motion . The motion passed 5 to 0 . B. Revised Open Space Use and Management Planning Process (Report K-87-38 of February 18 , 1987) D. Hansen reviewed the four changes to the Revised Open Space Use and Management Planning Process tentatively adopted at the L Meeting 87-04 Page three meeting of February 11, 1987 . Motion: N. Hanko moved that the Board adopt the revised Open Space Use and Management Planning Process . T. Henshaw seconded the motion. Discussion: K. Duffy asked when determination of Conser- vation Management Units (CMUs) was made. D. Woods said that the determination was normally made at the time of acquisition, with the possibility of modification during the review process . D. Wendin suggested that the underlined sentence in the first paragraph on page 7 of the report be changed to read "When special use and management issues arise at other times, public workshops or neighborhood meetings will be considered to resolve the issues and possibly modify the existing Use and Management Plans" in order to emphasize that these are special issues that arise between normal reviews . N. Hanko included D. Wendin's addition in her motion, and T. Henshaw, the seconder, agreed. The motion passed 5 to 0 . C. Annual Review of Relative Site Emphasis Plan and Use and Management Tian Target Review Schedule (Report R-87-42 of February 19, 1987) D. Woods reviewed the changes in the Review Schedule, noting that three Preserves had been moved to a higher priority position: El Corte de Madera Creek, Russian Ridge, and La Honda Creek Open Space Preserves . He reviewed the design and planning priorities for implementation and funding for fiscal year 1987-1988 for all the preserves . K . Duffy stated she felt more visible District signing at the Picchetti Ranch Area was needed. D. Woods said that funds for a temporary sign had been budgeted . N. Hanko expressed concern about the feasibility of low priority projects being accomplished in fiscal year 1987-88, specifically citing the Russian Ridge grazing plan. She suggested that the grazing plan be assigned a higher priority . Discussion centered on the availability of maps and brochures for all District sites . D. Hansen stated that maps and brochures were available for all sites . D. Woods said that the 8z" x 11" maps were in the process of being revised, noting that while public use maps were not always available to the publicacqui- sition maps could be obtained. In response to D. Wendin ' s suggestion that Section E of the report be replaced with actual wording about maps, D. Woods said that the Revised Open Space Use and Management Planning Process document clarified the availability of maps . N. Hanko suggested that this map clarification should also be included in the material adopted by the Board for the report under consideration. D. Wendin requested that Section E be revised to provide a succinct statement concerning the availability of maps . H. Grench said this could be considered in the second reading. Meeting 87-04 Page four T. Henshaw noted there was no indication of signing plans for Russian Ridge Preserve and said that she felt signing should be separate from the parking project. D. Woods responded that the signing element was part of the parking plan and that staff would return to the Board in May with the parking plan. Discussion centered on signing for the entire Skyline Corridor and the possibility of a workshop or a public field trip along Skyline Boulevard to consider the type of signing needed. Motion: K. Duffy moved that the Board schedule a Skyline tour and agendize the topic of signing in conjunction with the tour . T. Henshaw seconded the motion. The motion passed 5 to 0 . Motion: N. Hanko moved that the Board tentatively adopt the Relative Site Emphasis Plan and the Use and Management Plan Target Review Schedule as contained in the staff report. D. Wendin seconded the motion. Motion to Amend: N. Hanko moved that the grazing plan be changed from a low to a high priority in Item 15, Russian Ridge Open Space Preserve. K. Duffy seconded the motion. Discussion: D. Wendin stated that he opposed the motion to amend since the grazing plan would be returning to the Board as an agenda item, and when it returned would be an appropriate time to consider a priority change . T. Henshaw stated she opposed N. Hanko 's motion to amend because of what D. Wendin stated and because other projects were of higher priority . The motion to amend failed to pass on the following vote: Ayes : N. Hanko, K. Duffy, and G. Andeen . Noes : T. Henshaw and D. Wendin. The motion failed to pass . D. Woods reviewed the Use and Management Plan Target Review Schedule for 1987-1988 and noted that ten reviews and five workshops were scheduled for 1987 . K . Duffy called a recess at 9 : 15 P .M. The Board reconvened at 9 : 20 P .M. Motion to Amend: N . Hanko moved that the review of priority for the Russian Ridge Open Space Preserve grazing plan in the Relative Site Emphasis Plan be considered and agendized at the same time as the grazing plan was considered by the Board at its first meeting in April . D. Wendin seconded the motion. Discussion: T. Henshaw said that she opposed the motion -Co am-end for the same reasons she had given previously. The motion to amend passed 4 to 1 . Discussion centered on brief periodic updates for the Board con- cerning project (s) progress on different preserves . D. Hansen stated that staff could, under Informational Reports , continue to keep the Board apprised of important happenings . The original motion passed 5 to 0 . D. Hansen distributed a set of maps showing the proposed Conser- vation Management Units discussed in the staff report and briefly reviewed the Units . Meeting 87-04 Page five Motion: D. Wendin moved that the Board tentatively adopt the Conservation Management Units list as included in the staff report. K. Duffy seconded the motion. Discussion: N. Hanko said that she would abstain from the vote since she had not had an opportunity to study the maps . The motion passed 4 to 0 with N. Hanko abstaining. D. Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1987-1988 (Report R-87-41 of February 10 , 1987) H. Grench stated that the staff report contained a few refinements to the Key Projects and Activities that were considered at the previous meeting, as well as the lists of other Typical Projects and Activities and proposed staff resources . J. Fiddes stated that there were no changes in Key Projects and Activities, no substantive changes in Other Typical Projects and Activities , and no changes in staffing resources in the General Management and Program Support section of the report. C. Britton stated that there were no substantive changes from past years in the material for the Open Space Acquisition Program. D. Hansen noted that there were five new Other Typical Projects and Activities in the Planning, Design, and Development Sub- program. K . Duffy stated that the eleventh Other Typical Project and Activity was unclear and H . Grench suggested that the word "programs" be added after "implement. " D. Hansen reported that there were no new Other Typical Projects and Activities in the Operations , Maintenance and Volunteer Sub- program and that proposed staffing basically followed the Five Year Open Space Management Staffing Plan. He noted that, under Required Staff Resources for the subprogram, the Volunteer Coordinator' s required time should be "900" instead of 1000 , and K. Duffy noted that this position should be labeled as a one-half time position. M. Hale noted that the third Other Typical Project and Activity in the Public Affairs and Education Subprogram was new. N. Hanko said that she supported K. Duffy ' s suggested change in process contained in the report on the method the proposed future year ' s Action Plan should be presented to the Board. Motion: N . Hanko moved that the Board direct staff to present Key Projects and Activities and Other Typical Projects and Activities to the Board at the same meeting. K. Duffy seconded the motion. Discussion: K . Duffy requested that staff prepare a short document detailing the way Program Evaluation and Action Plan material are presented to the Board for consideration. The motion passed 5 to 0 . Meeting 87-04 Page six Motion: D. Wendin moved that the Board adopt the Proposed Preliminary Action Plan for Fiscal Year 1987-1988 as modified at the meeting. T. Henshaw seconded the motion. The motion passed 5 to 0 . E . The Effect of AB 2674 on MROSD (Report R-87-36 of February 12, 1987 and Report R-87-32 of February 4 , 1987) S . Norton reviewed the revisions in the Ralph M. Brown Act that were applicable to the District and said that the District's Rules of Procedure already incorporated all the requirements . He stated that the Board' s Rules of Procedure required a few unrelated changes and requested that the Board authorize staff by motion to review the Rules and recommend changes . Motion: D. Wendin moved that staff be asked to review the Rules of Procedure and recommend any changes that might be necessary and that N. Hanko be appointed to a non- compensable committee of one to review the recommended changes prior to being presented to the full Board. T. Henshaw seconded the motion. The motion passed 5 to 0 . F. Process for Evaluating Proposed Redevelopment Projects (Report R-87-37 of February 12, 1987 and Report R-87-15 of January 15 , 1987) H. Grench reviewed the wording changes that had been incorporated into the new draft, including a paragraph indicating various factors that would be used in evaluating a proposed project. Motion: N. Hanko moved that the Board adopt the proposed Process for Evaluating Proposed Redevelopment Projects . K. Duffy seconded the motion. The motion passed 5 to 0 . G. Subscription Rates of Agendas, Minutes and Meeting Material (Report R-87-39 of February 17 , 1987) J. Fiddes reviewed the current subscription rates and said that, in light of postage rate increases , staff was returning to the Board with alternative subscription rates and was recommending future rate changes be set on a formula basis . N. Hanko said she felt that the rationale used previously in determining subscription rates was still good, that the District should relate costs to postage increase and that she supported the sixth alternative. Motion: N . Hanko moved that the Board adopt Alternative Six in the subscription rates chart. D. Wendin seconded the motion. Discussion: D. Wendin said that he supported adopting the formula based on the 1983 rate base with increases for postage. Motion to Amend: D. Wendin moved that the subscription rates be increased by the amount of the increase of postage from the 1983 base rounded to the nearest dollar. Discussion: K. Duffy noted that there may be some value to keeping the agenda subscription rate low. M-87-04 Page seven N. Hanko withdrew her original motion and D. Wendin withdrew his amended motion. Motion: D. Wendin moved that subscription rates remain at $10 for agendas only , and that agendas and minutes and full packets be set at the 1983 base plus increases due to postage rounded up to the nearest full dollar, with staff to advise the Board whenever there is a change in subscription rates . T. Henshaw seconded the motion. Discussion: Lewis Reed, 225 Lindenbrook, Woodside, said that when subscription rates were last discussed by the Board, the Board had indicated that it wished as many people as possible to receive agendas and minutes and the Board should take this into consideration in its decision. Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, said that because of the recent notification policy change, she felt agenda subscriptions should be dropped to $5 . The motion passed 5 to 0 . VII . INFORMATIONAL REPORTS M. Hale requested the Board ' s preferences for dates and times for an April San Mateo County tour for public officials . No specific date was selected, but April 10 and 24 were discussed. M. Hale said that Saturday, May 9 , was confirmed for the tour to be held for Santa Clara County officials . D. Hansen referred to the Letter to the Editor which appeared in the Los Altos Town Crier concerning motorbike activity . He said that the activity in question had not occurred on District property and that staff would respond to the letter . D. Hansen reported on the meeting with neighbors of La Honda Creek Open Space Preserve. T. Henshaw said that she had attended the meeting and that it had been productive. H . Grench reported that he had attended a Board of Trustees meeting of Peninsula Open Space Trust to discuss trends for the District. H . Grench read a letter from former Director Harry Turner thanking the Board and staff for the gift of a photograph. Kathy Kennedy-Miller asked for suggestions about how La Honda Creek Open Space Preserve neighbors could best communicate their concerns directly to the Board. N. Hanko suggested neighborhood meetings with some Board members attending as an effective means of dis- cussing concerns. D. Wendin said he felt that singling out a single neighborhood established a precedent, and recommended that G. Andeen and another Board member comprise a non-compensated committee to meet with Bear Gulch Road residents . K . Duffy appointed G. Andeen and T. He as a committee to explore how to keep communication going and to return to the Board with some ideas on how to formalize the communication process . Kathy Kennedy-Miller extended her thanks to T. Henshaw and staff members who attended the neighborhood meeting . Meeting 87-04 Page eight VIII . CLAIMS Motion: N. Hanko moved that the Board approve Revised Claims 87-04 . T. Henshaw seconded the motion. Discussion: T. Henshaw questioned Claim 9638 and Claim 9635 . D. Hansen said that the first was rental for an exercise room at Mountain View Community Center for Ranger training and the second was for architectural services at Picchetti Ranch Area that would be reimbursed by the State. The motion passed 5 to 0 . IX. CLOSED SESSION There was no Closed Session. X. ADJOURMENT The meeting was adjourned at 10 :40 P .M. Joan Combs Secretary CLAIPS No. 87-04 Meeting 87-04 MIDPENINSL)j A REGIONAL OPEN SPACE DISTRICT Date: Feb. 25, 1987 REVISED C L A I M S Amount Name Description 9603 13.64 AmeriGas Tank Rental 9604 196.00 American Society of Landscape Annual Meeting Registration Architects 9605 100.00 Association of Environmental Corporate Membership Dues Professionals 9606 120.00 Big Wheel and Frame Vehicle Repairs 9607 728.46 Birnie Lumber Redwood Posts 9608 91 .34 California Water Service Company Water Service 9609 289.24 Citicorp Industrial Credit, Inc. Telephone Lease 9610 49.94 Clark's Auto Parts Vehicle Parts 9611 263.93 Communications Research Company Maintenance and Supplies 9612 10.00 Contemporary Engraving Company, Inc. Plaque Engraving 9613 85.64 Cart Furniture Rental Corporation Furniture Mats 9614 19.37 Crest Copies, Inc. Bluelines 9615 46.57 Alice Cummings Reimbursement--Prints 9616 46.05 Dennis Danielson Reimbursement--Registration and Books 7 165.84 Pete Ellis Dodge Vehicle Repairs 9618 37.44 El Monte Stationers Office Supplies 9619 531 .75 Ennis Transportation Freight Charges 9620 294.54 John Escobar Reimbursement--Uniform Expense and Field Supplies 9621 90.00 John Estes Consulting Services 9622 11 .00 Federal Express Corporation Express Mail 9623 390.57 First Interstate Bank Paying Agent Fees 9624 439.38 Foster Brothers Security Systems Locks and Keys 9625 2�-85 The Frog Pond Meal Conferences 9626 350.00 Raye Girouard Patrol Services 9627 52.20 Herbert Grench Reimbursement--Meal Conferences 9628 1 ,933.90 Kgnzo Handa Architectural Services--Rancho 9629 253.30 Harbinger Communications Computer Services 9630 593.85 Virg Harkins Signs Redwood Sign Frames 9631 56.66 Image Technology, Inc. Artwork 9632 8,000.00 Intexx Restroom Building--Monte Bello C��'3 12.51 Langley Hill Quarry Base Rock us4 553.30 Lawrence, Tire Service, Inc. Tires b 1 9 35 3,5 3.48 Alton S. Lee, Architect Architectural Services--Picchetti _9636 7.88 Los Altos Stationers Office Supplies .. v rn�.� rcv• 17/ VY Meeting 87-04 Date: Feb. 25, 1987 Irl Amount: Name REVISED Description �o37 231 .99 Minton's. Lumber* and Supply Field Supplies 9638 30.00 - Mountain -View Recreation Department Exercise Room Rental 9639 370.28 On Line Business Systems, Inc. Computer Services 9640 411 .34 Orchard Supply Hardware Field Supplies 9641 8.55 Pacific Gas & Electric Company Utilities 9642 99.51 PIP Photocopying Ranger Application 9643 224.90 Port-O-Let Sanitation Services 9644 230.38 Rent-A-Computer Computer Rental 9645 216.00 The.Sacramento Bee Ranger Advertisement 9646 334.32 San Francisco Newspaper Agency Ranger.Advertisement 9647 216.72 San Jose Mercury News Ranger Advertisement 9648 148.01 San Mateo County Building Permit for Bridge Redecking 9649 141 .68 The San Mateo Times Newspaper Group Ranger Advertisement 9650 720.00 E. R. Sheehan Trail Maintenance 9651 2, 159.87 Shell Oil Company Repairs and Fuel for District Vehicles 9652 15.26 Skyline County Water .Department Water Service ~3 4,537.88 William Spangle and Associates, Inc. Master Plan Update ,,,�4 425.00 Special Districts Management Seminars Registration--Gerry Andeen 9655 6,616.96 Thomson Lithograph, Inc. Printing of Annual Report Brochures 9656 180.46 Times Tribune Ranger Advertisement 9657 349.79 David Topley Reimbursement--Out-of-Town Meeting Expenses and Field Equipment 9658 183. 13 Typothetae, Inc. Typesetting 9659 500.00* United States Postmaster Po stage 9660 300.00 United States Postmaster Postage 9661 75.87 Vallen Safety Supply Company Field Supplies 9662 225.00 Valley Title Company Preliminary Title Reports 9663 1 ,335.65 Wendel , Lawlor, Rosen & Black Attorney Fees 9664 49.01 Western -Fire Equipment Company Field Supplies 9665 840.39 Xerox Coporation Maintenance and Supplies 9666 357.82 Yardbird Equipment Sales Field Equipment 9667 200.00 Dames & Moore Underground Storage Tank Testing 9668 169.78 Petty Cash Drafting and Office Supplies, Printing, Postage, Meal Conferences, Private ( Vehicle Expense and Maintenance Parts Emergency Check Issued on February 18, 1987 I i WRITTEN COMMUNICATION Meeting 87-05 --'C[7()N `WPOSED BY 3TA-F March 11, 1987 Lo.ird Presilent Aci<-ncIi:dge/?e5pon! CC Director Acknowlelga!Respond kStaff Acl—.o-�I�dSe/Respond Draft Response Attached Room 110, City Hall Staff to be Directed to Prepare Draft One City Hall Plaza City of Oakland Response for Board Consideration per Oakland, Ca. 94612 Social Services Department Board Directive(s) (Voice and TTY) 415 273-3723 Other I 'n 1�;l 1 1 tFfxtift :`;!Al; "P 1 t'I,I t ktil ! i I t 2 Sa r I At i I-(�i 11 o I r('i I i t , J! of tl�'(' Boal-d.' ihk 41 .tr oid, Ua t' aloj P14 Frofil S'-1 b 1,--d '- 1L7t.d 1 d j 41 i rt'l�i U I j<'k 11% i 11,11 11 1 1 1 1 1)e a i,i s I d�pa"("n 1 a rZ i Pao di ltrhl A J), k' i t I I A 11) 1'r u, w. 11< ltso is i—,t,i,1 1 11 lMi o'r I he r opt i(n n' Fol `o\ I ig 1 r�i , S I r-'1�3 1) t 1"' il""':11 i u it i/i, to' 01 t)pfiois l'oulo 71ro-"1tti zi illito iM 5U h of -No' sh')rl 'I' iu'10 'l a'f 1+'i' I I tzl w all" t,t 1 l <'i1`, I r(' 1 1, i 2, lI I 'jam 1'('('h1H(';0 Ald -sc- t"'f '41 I'a I r xrsPaSSE _.cr_Iac PROPOSED ai S- =F WRITTEN COMMUNICATION _ Board President Accnowledge!?e�ipond Meeting 8 7-0 5 Director Ackncwle.'.ge/R>spond March 11, 1987 _ Staff Acknowledge/Respond © _ Draft Response Attached _ Staff to be Directed to rrepare Draft Respoc.se for Board Consideration per '.... (J f� Board Directive(s) • X Other no response unless iI Board requests one-. BARK AND RECREATION COMMISSIONERS' AND BOARD MEMBERT COUNCIL. of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, & Sonoma Counties. February 26 , 1987 President John O'Donnell,East Bay Regional '.. Vice President Dear Park & Recreation Agencies : '... David Nigel,San Bruno secretary This is your chance to host a BAPRCBMC general Patricia Laramie Union Citysession , or a beard of directors meeting . g Treasurer 1987 dates Ann Hoppe,Richmond April 4th Board of Directors Board of Directors Immediate Past President M a y 2 n d General Meeting Jean Johnston,Pacifica June 5th Board of Directors Fred Castro,Union City Y9s' July llth General Meeting i Frances Krommenhock,Milpitas S e p t 4 t h Board of Directors 1987-66 Oct . 3rd General Meeting ( election) Judy Buchan.Redwood City Nov . 7th Alternate date Maggie(Marty)Martinez,Oakland V.Dean Skeels,Cupertino Dec . 4t Board of Directors h Boa The host organization is responsible for arrang- ing a meeting place . Seven to ten people for a board meeting , and thirty to fifty for a general session . The host also makes plans for a reasonably priced dinner . You can be innovative on this one . BAPRCBMC has had dinners in a restaurant , catered dinners in a community center , outdoor BBQ ' s , and even a serve yourself lunch in a barn . A typical agenda might include . . . 6 : 30 social , 7 : 30 dinner , 8 : 30 business , and 9 : 00 tour or infor- mation on the host agency ' s accomplishments or plans . The host makes up flyer ' s and mails them to all Park and Recreation agencies in the nine counties . Gummed labels are available from board member Frances Krommenhock 408/262-4239 . I will be available to help out or answer any questions you may have . 886-4801 . . . . . . . Jerry Kent 531-9300 EBRPD is another source for good information . New Subj : If you have not sent your Park & Recreation Board/ Commission/Committee roster to BAPRCBMC attn : Board Secretary , 11500 Skyline Blvd . Oakland , CA . 94619 please do so . The Council intends to make a Bay Area directory from this information . -1- Mailing Address: Att.n:Board Secretary 11500 Skyline Blvd„Oakland,CA 94619 There is an opening on the board of directors . If your agency would like to have a more direct voice on this policy making Council ; send a short resume on your candidate to our mailing address . Attn: Board Secretary . The annual installation and awards banquet will be held in the latter part of January or the first part of February . Parks and Recreation close to home is becoming more and more important to our citizens . This is an excellent time to take an active role in its growth . Sincerely , pYJohn O ' Donnell President 415/886-4801 GOOD NEWS : Present at the willow Park Restaurant in Castro Valley for the January installation were: 115 Commissioners , board members, and guests . Twenty one City/agencies and six Counties were represented. Two new award categories will be considered: one to the Chamber of Commerce which is most supportive of Park agencies , and one to the reporter or newspaper for the most outstanding park and recre- ation articles . -2- Mailing Address All n,Board Secretary 11500 Skyline Blvd Oakland,CA 94519 WRITTEN COWIUNICATION Meeting 87-05 R�SFL)NSE _�C.T!0X_rR0?0SFD RY STAV7 March 11, 1987 board Presilaa- Acknuwledg��/?c!�,2cnd &�"Staff At,nowledge/Respond T r'o �d 0'4"dg c n e n Re]pd.ad PENINSULA OPEN SPACE TRUST 3000 SAN Draft Response Attached a MENLO Pf Staff to be Directed to Prepare Draft ,': per Response for Board Consideration per (415)854-7 Board D4rective(s) Othor February 26, 1987 BOARD OF TRUSTEES Robert Augsburger Sheldon Breiner Pat Compton Board of Directors David L. Fletcher Vince S.Garrod Midpeninsula Regional Open Christy Holloway Space District Melvin B. Lane David W Mitchell Old Mill Office Center F Ward Paine Building C, Suite 135 ADVISORY COUNCIL 201 San Antonio Circle Marilyn Albercling Mountain View, CA 94040 Eleanor Boushey Robert V. Brown Town Council William H.Clark Dorothy Comstock Town of Los Gatos Sue Crane P.O. Box 949 Laurence Dawson Los Gatos, CA 95031 Herbert J.Dengler J. Philip DiNapoli Phyllis Draper Subject: Proposed Cooperative Acquisition Project Clarence J. Ferrari,Jr (Former Scott Property) Thomas W.Ford John Freidenrich Clarence Heller Peninsula Open Space Trust (POST) is a private, Mrs.William R. Hewlett Lois Crozier Hogle non-profit land trust organized to facilitate open Ellie Huggins space and parkland acquisition projects in Santa Clara, Mrs. Dennis B. King San Mateo, and Santa Cruz Counties. One of POST' s Robert C. Kirkwood main sources of income (other than direct fund raising) Richard C. Livermore Robert W McIntyre is to acquire key open space and park properties on Anthony P Meier an opportunity basis and resell them to public agencies Greg Melchor James E. Mitchell to help replenish POST' s acquisition revolving fund Gordon E. Moore while charging a small fee to cover overhead costs. Mrs.Albert J. Moorman Alan Nichols George S. Nolte POST was successful in acquiring the 44 acre Paul O.Reimer Scott property at the end of calendar year 1986 . This Barbara Doyle Roupe property is located on Blackberry Hill Road and is William F.Scandling Fritz Snideman the gateway to the Midpeninsula Regional Open Space Geraldine F.Steinberg District' s Sierra Azul Open Space Preserve and would William D.Walsh provide direct public access to the former Eilertsen Susan S.Ware Rosemary Young property which the Town and the District purchased cooperatively in early 1986 . 1 have enclosed a map showing the location of this property in relation to other park and open space lands in this vicinity. I look forward to arranging a land tour for representatives of both agencies as a prelude to acquisition discussions. Sincerely, Audrey7 Executive Director i � r WRITTEN COMMUNICAT-rnN Rf:SPO;SE 5 T Meeting 87-05 -j- — Board President Ackno-_,Iej�e/Respood March 11, 1987 sector _.Acknowled4e/Respo d Staff Acknowledge/Respond Draft Response Attached SLZff to he Directod to Prepare Draft iles?0 n se for Board Consideration per Board Directive(s) 4198 Oak Hill Ave . Palo Alto , Ca. 94306 Feb. 21 , 1987 Board of Directors, M. R.O.S.D. Building C, Suite 135 201 San Antonio Ci. Mt,/ View, Ca. 94o4o Dear Members , On Jan. 31 1 walked the trails at Los Gatos Creek Preserve with the group led by the M.R. O.S .D. leaders. I concluded that the trails which we walked , with one exception, were adequate in width, surface , and general condition to be used by bikers, equestrians , joggers and hikers. The one exception, of course , was the Jones Trail along tree old flume alignment. I felt this was too narrow and fragile to be used safely by any group except those on foot. Horses and bikes would create a problem for the people on foot due to the width of the trail and lack of "air space". They would also be hard on the trail creating ruts and holes for water erosion. I understand there is an alternate, safer route below along the creek, which could be used by bicyclists and equestrians ; there- fore, I would like to suggest that the Jones Trail be open to foot travel only and the remainder of the existing trails on the Pre- serve be open to all. I appreciate your planning this public walk and encouraging input from eye witnesses. It is good to gather the d, iffc-,ent groups together so each may hear the others' concerns. This is something that should be repeated whenever there are controversial decisions to be made. I would hope that if ever a trail needs to be closed to any grcup of users that an alternate route would exist or be made available. I hope no hard surfaced road is constructed through this lovely Preserve. All parking shouiu- oe ouislae the Preserve laeally no motor venicies witnin tne noundarieso Sincerely. li Fran Hogan RESP0N1 E ACTION PROPOSED BY STAFF WRITTEN COMMUNICATI _ Board President Acknowledge/Respond Meeting 87-05 _ J Director Acknowledge/Respon March 11 , 1987 y/ Staff Acknowledge/Respond Draft Response Attached T Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Atz�� c4p � I w WRITTEN COMMUNICATION RESPONSE ACTLOS PROPOSED BY STAFF . Board President Ackrcwledoe/'-.es?cnd Meeting 87-05 _ Director Acknowled.-e/Fespnn'. March Il, 1987 _ Staff Acknowledge/Respond ve Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other 2/z4/87 Midpeninsula Regional Open Space District To Whom It May Concern: A friend and I had an uncomfortable experience while hiking Russian Ridge Open Space Area. While walking near some black cows, all of a sudden this black stormy bull approached us. He was moving his front legs back and forth as if getting ready to attack while making some strange vocal sounds. We were frightened, not sure if we should run or move away quietly. We were scared as we briskly walked away looking back and noticing the bull was still following. Once we rounded the bend, we ran and come upon some skulls and bones- commenting that that could have been us. Later we passed some white cows and a huge white bull. They took over the entire trail and came toward us as if staking out their territory. We ended up going cross country to avoid them. Maybe a sign at the entrance giving a BULL WARNING and some appropriate bull encounter procedure may have been in order. The signs at Russian Ridge are poor to begin with. The presence of the cattle and other evidence (cow patties, torn land, etc) did not make for an enjoyable hike. >i„ncere,,,,h�Y//, Laura J. Sefchik Mountain View, CA I -All DRAFT 3#a ®r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 Ms. Laura Sefchik 10 Church Street Mountain View, CA 94041 Dear Ms. Sefchik: Your letter regarding your uncomfortable experience with cattle on Russian Ridge Open Space Preserve was a timely one. The District's Board of Directors considered the question of whether or not to allow grazing on Russian Ridge at their meeting of February 25 , and staff will be preparing a follow-up report to be presented at the meeting of April 8. Your comments about the threatening behavior of the cattle, the trampled land, cow patties, and poor signing, will be taken into consideration by staff in preparing this follow-up report. As the grazing issue has generated significant controversy, you may find it interesting to attend the April 8 meeting. Please call the District office between April 6 and 8 to confirm that the item is on the agenda and to find out the scheduled time. Thank you for taking the time to write and share your. views on the grazing issue. A copy of the previous staff report and minutes of the February 25 meeting are enclosed. Sincerely, David Wm. Hansen Land Manager DWH/AC:ds Enclosures cc: Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Dully,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Sly)C rviS<)1- -1-0111 N0?1C11 I WRITTEN COMMUNICATION 1, 1198 Meeting 87-05 North County 873-1800 March 11, 1987 Central County 573.2222 South County 363-4570 Coastside 726-5581 Richard L.Silver �+►� COUNTY %0 JU QA � MA�EO Administrative Assistant ♦ .ti,;► 1�1 I7 Diane Breslow COUNTY GOVERNMENT CENTER REDWOOD CITY CALIFORNIA 94063 Administrative Secretary ZFS?ilS5' ACStU\ PRJPD>ED BY si..', Board Presi3ent Acknaxledgel?espcnJ Director Acknoaled,;-IRespond _ Staff Acknowledge/Respond Draft ?es2onse Attached Staff to be Directed to Prepare Draft February 27, 1987 Res2onae for Board consideration per Board Dir,ctive(s) Other Mr. Edward G. Shelley MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 201 San Antonio Circle Mountain View, California 94040 Dear Mr. Shelley: Thank you for sending me the SPECIAL ANNUAL REPORT ISSUE "OPEN SPACE" . The report beautifully documents the important work of the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT and it highlights its many achievements in 1986 . I do hope, that in 1987 your Board and the San Mateo County Board of Supervisors, will once again have the opportunity to meet in open session to discuss areas of mutual concern. Please advise me if you and the members of your Board would be interested in such a meeting. Best regards, TOM NOLAN President Board of Supervisors Jl i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE.MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 DRAFT Mr. Tom Noland, President Board of Supervisors County of San Mateo County Government Center Redwood City , CA 94063 Dear Tom: Thank you for your letter of February 27 which Ed Shelley , Presi- dent of our Board for 1986 , brought to the Board' s attention at our March 11 meeting . We would like to invite the Board of Supervisors to meet with our Board for a field trip that emphasizes District sites in San Mateo County in the Skyline Boulevard area, their relationship to San Mateo County parks , and opportunities for cooperation in the pub- lic interest. The field trip would, of course , be open to the public. We understand that our General Manager, Herb Grench , has already contacted Paul Scannell and suggested dates of Friday, April 10 or 24 . We look forward to building upon the success of the previous field trip, our joint meeting, and the cooperative projects we are undertaking in the baylands and Skyline. Sincerely yours , Richard Bishop, President Board of Directors RB :e j cc : MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonetie G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin WRITTEN COMM' ?CATION Meeting -05 A California non-profit March 11, 1987 corporation administering the lands and educational BFsioy4 A 71-LIN :'aUi'0_zn 3F ;:_ �- •� �� programs of Hidden ViUa Ranch and Wilderness Preserve _ coa:d Frei"_e.^.t +_kncaed1e!?_>?: _ Director acknc.le'ge!Fespond %% ' % „%• tr_ Frank B.& %•�i�i /�iiiii� %. Staff Ac%r.n.le.'.ga/P.espond Josephine Q'.Duveneek je — ' R,Un s A-f—Fr aft Response attached L y Aree.4,- Trustees _ Staff to be Directed to Prepare Draft SaritaBerry Response for Board Consideration per Dane Botstord Board Dir,•ctive(s) 26870�100dV Road Ehzabcih Dana Other _ Los Altos Hills, California 94022 Ned liana ` Man Dx ey Francis Duveneck Stacy French -2—A07 Clarence Heller Christy Holloway Fred W.Hombruch,[[I Eleanor Huggins Toby Montgomery J Samuel A.Pond Jean Rusmore Ji,yj 7� 1ianin Seaney Alan Strain Hope\L it ke Judir\L'olkrn • � /�vvri'v l Advisory Board The Honorable Robert F.Peckham CP.ainx.n � � �y �/� r�' /[;L'�i.�"C� /`-' /V'L !bi-C.(ti /��C.•eQ —GL(1� Elizabeth Aitken Eleanor Cranston Cameron Nathar.C. Finch Nonette Hanko Betty Hone Robert Hoover //,, Sun Ding. ) ' !/2 Robert Lorg Cl,u e A..Tbn}• Look 6 l'aui N.McCloskey,Jr. Lutcoin\Soles ltarbara louton Lu'l11 ��/ . C �ECifL'u/�L GL� !��i{`??�Z•Pi Z �GCYr(�s• Jon U:•on / lla a?Packard /� r Luc:lc Packard 7` IL4CY (/t-G�(1fi[C•6���G+"!� Cori Schmitt B}ron Sher Wallace Stegner Dorothti Varian Executive Director U Ann Warren Smith Community Relations L Director Shola Paxton 7iusr Office (415)9484690 Ert tr,nuttcrtta! Euu_.irimProgram h, G�f �� G/� kU4��� (415)941-61192`LL'Lir� G G�`G .�c'_• f uU/r Faun Tours (415)948-4690 Horsemanship /( ��,,//�� / t� ( �j f� �J/JfI��� rl{G`�l2�GLCf'tt�it t� Center � i" GvGVt �' '� Q�?T� (/ (415) 941-7983 Hosrel and jn Afeezing Caner / %a (415)941-6407 G y �L j�•Y•. � (�t/`'7 Summer Programs I�� (415)941-9772 - �r i X2V _ �l R-87-27 (Meeting 87-05 March 11, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 2 , 1987 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Sale of 1987 Promissory Notes Recommendation: I recommend that you approve the following three attached resolutions required to complete the sale of $21. 2 million of 1987 Promissory Notes : 1) A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of $21, 200 ,000 Princi- pal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Providing for the Form, Execution and Repayment of Said Notes ; 2) A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution and Delivery of a Purchase Contract Relating to $21,200 ,000 Principal Amount of Midpen- insula Regional Open Space District 1987 Promissory Notes and Approving the Official Statement Relating to Said Notes and Authorizing the Execution and Delivery of an Escrow Agreement Relating to Said Notes ; 3) A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution of an Agreement with Seattle-First National Bank Relating to $21 ,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes . Discussion: At your meeting of December 22 , 1986 you approved an under- writing agreement with Prudential-Bache Securities (PBS) and authorized staff to take all actions necessary to arrange the issuance of $11 million of ten year promissory notes (see report R-85-129 dated December 15 , 1986) . On January 22 , 1987 the first drafts of all documents were reviewed at . the due-diligence meeting. Director Wendin represented the Board at the meeting. Two issues surfaced during the due-diligence process which caused us to delay the note sale and consider expanding the 1987 Notes to include funds to prepay our $9 . 5 million outstanding 1986 Notes . First, we learned that the 1987 Notes will require the District to main- tain considerably less cash reserves in the principal and interest fund than our prior public debt issues. Second, the additional bonds test in the 1987 Notes is more liberal in that it would allow the District to exclude subordinated debt from the calculation. Unfortunately, we cannot obtain any benefit from the latter improvement and only take par- tial advantage of the first so long as the 1986 Notes remain outstanding. After studying the feasibility of prepaying the 1986 Notes , I highly recommend taking this action as part of an enlarged $21. 2 million issue of 1987 Notes. This will allow the District to obtain the following advantages : R-87-27 Page two 1) Lower interest rate : The 1987 Notes are expected to bear interest rates approximately 1.3 percentage points less than the 1986 Notes. 2) More favorable cash flow: No principal repayment on the 1987 Notes is requireduntil March 1991. The 1986 Notes require $2 .5 million in principal payments prior to 1990-91. In addition, the more favor- able reserve provisions of the 1987 Notes would reduce annual reserve requirements by about $1 million. The net impact is that the District would have available about $3 . 5 million more cash for funding land acquisition or development projects over the next three fiscal years than if the 1986 Notes were not prepaid. The cumulative effect on cash flow remains positive until 1997 . 3) more flexibility on land contract debt: Because of the more liberal debt covenants the District would be able to stretch its cash flow further by buying more land with subordinated notes than would be permitted under the 1986 Notes indenture . The new proposal can best be summarized in the following table: SOURCES AND USES OF THE PROPOSED $21. 2 MILLION NOTE ISSUE Bond Proceeds $21,200 ,000 1982 , 1985 and 1986 Note Reserve Funds 1,544 , 235 Total Sources $22,744, 235 Purchase of Securities to defease (pay off) the 1982 , 1985 and 1986 Notes $17 ,494 ,679 Prepayment of high interest rate land con- tract debt 997,500 Underwriter's Discount @ 1. 32% 280 ,000 Other costs of issuance 65 ,000 New reserve fund requirement 1,696 ,000 Addition to District general funds 2 ,201,056 Total Uses $22 ,744 ,235 The proposed issue is expected to bear an average coupon rate of 5. 82% compared to an average rate of 7 . 20% on the $17. 3 million of debt to be prepaid. Please note that PBS has agreed to reduce its underwriting fee from 1 . 4% to 1. 32% for the expanded issue. The beneficiaries of the proposed issue will be the District' s land acquisition and development programs. As shown on the following page, the issue generates $10 million of additional cash funding over the next three fiscal years and continues to show a positive cumulative cash impact of $9 million in June 1992. R-87-27 Page three ADDITIONAL CASH FUNDING FROM PROPOSED $21. 2 MILLION NOTE ISSUE ($ millions) Debt Reserve Cumulative Fiscal Service Requirement New New Additional Additional Year Reduction Eliminated Money Reserves 'Cash Cash 1986-87 .45 + 3.74 + 2.20 - 2.30 = 4.09 4.09 1987-88 1.96 + .15 = 2.11 6.20 1988-89 1.98 + .15 = 2.13 8.33 1989-90 1.73 + .19 = 1.92 10.25 1990-91 - .64 + .22 + .07 = - .35 9.90 1991-92 -1.00 - .07 + .14 - .93 8.97 A full revision of the District' s five year cash flow projection, including the impact of the proposed issue, is attached. At no time in the future is there any risk of not meeting debt service or reserve requirements nor is there any impact on the projected significant real growth in open space management and development funding. In addition, the District will remain well within its official debt capacity limit. Due to the favorable effect of prepaying the 1986 Notes , this projec- tion includes about $5 million more land acquisition funding than the projection included in my December 15 , 1986 report. The documents attached for your review incorporate all corrections made during the due-diligence process plus changes needed to include the defeasance of the 1986 Notes. As discussed in the December report, the rating and market interest rate information needed to determine the final pricing for the notes is expected to be available within one week. The second proposed resolu- tion authorizes the General Manager, with the advice and consent of the Controller, to determine if the proposed interest rates are acceptable to the District. The resolution sets an upper limit on the interest rate of 7% , which is well above the target rates. Final closing of the transaction, including receiving the net proceeds , is planned for the week of March 30 . Seattle-First National Bank (SFNB) is proposed as both the escrow agent for defeasing the 1982, 1985 and 1986 Notes and the paying agent for the 1987 Notes. Quotations were also received from three other major banks , with SFNB' s proposal judged the most favorable in terms of fees and reputation for service. The documents referenced herein and the Preliminary official Statement will be available at the District office . March 2, 1987 MROSD CASH FLOW PROJECTION 1986-87 THROUGH 1990-91 ($ THOUSANDS) 86-87 87-88 88-89 89-90 90-91 Beginning Cash 5725 6632 6047 6682 7165 Tax Revenue Basic 6439 6986 7580 8224 8924 Pre-Prop. 13 670 640 Receipts from Grants 445 840 300 300 300 Interest Income 600 400 400 400 450 Rental and Other Income 343 353 364 375 386 Bond Issues (Net) 11,604 4300 4300 4300 4300 Debt Service - Old_ (4732) (3670) (2653) (2434) (4829) Debt Service - New (227) (821) (1973) (2805) Land Management (1284) (1477) (1698) (1953) (2246) Development (673) (472) (293) (322) (355) Acquisition Expenses (443) (478) (502) (524) (546) Gen. Mgmt./Comm. (722) (780) (842) (910) (982) Total Expenses/Development (3122) (3207) (3335) (3709) (4129) Land Purchases For Cash C11,340) (7000) (5500) (5000) (200n) For Notes Issued (*) (1660) (2000) (500) (3575) (1000) Total Purchases (13,000) (9000) (6000) (8575) (3000) Land Contracts Issued (*) 1660 2000 500 3575 1000 Ending Cash 6632 6047 6682 7165 7762 Less: Required Reserves 2605 3075 3546 016 4419 District Reserve Balance 4027 2972 3136 3149 3343 Land Acquisition Recap Hosking 1485 350 350 5375 0 Other 11515 8650 5650 3200 3000 Total Purchased 13000 9000 6000 8575 1000 Cumulative Purchases 13,000 22 ,000 28,000 36,575 39,575 (*)Off-setting non-cash items included to show land purchased in exchange for MROSD land contract notes. Iilr MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-09 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of $21,200,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Providing for the Form, Execution and Repayment of Said Notes Adopted March 11, 1987 II 7899E MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-09 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of $21,200, 000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Providing for the Form, Execution and Repayment of Said Notes WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (the "District" ) has found and determined that funds in the amount of $21,200, 000 are needed by the District for the purpose of acquiring necessary and proper lands and facilities for open space purposes of the District and for the purpose of refunding the District' s outstanding 1982 Negotiable Promissory Notes, the District' s outstanding 1985 Promissory Notes and the District' s outstanding 1986 Promissory Notes that were issued for the purpose of acquiring necessary and proper lands and facilities for .open space purposes; and WHEREAS, the District is authorized by law to borrow money for such purposes, which such borrowing may be evidenced by the issuance of promissory notes; and 7899f WHEREAS, all acts, conditions and things required by law to exist, to happen and to be performed precedent to the issuance of promissory notes as provided herein do exist, have happened and have been performed in the time, form and manner as required by law, and the District is now duly authorized to issue promissory notes as provided herein; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: SECTION 1. Definitions. Unless the context otherwise requires, the terms defined in this section shall for all purposes of the Resolution and of the Notes have the meanings specified herein: Acquisition Fund "Acquisition Fund" means the "1987 Promissory Note Acquisition Fund" established in Section 7. Board "Board" means the Board of Directors of the District. Business Day "Business Day" means a day of the year which is not a Saturday or Sunday or a day on which banking institutions located in Seattle, Washington or San Francisco, California are required or authorized to remain closed. Code "Code" means the Internal Revenue Code of 1986, as amended. 2 7899f Controller "Controller" means the Controller of the District. District "District" means the Midpeninsula Regional Open Space District, an open space district duly organized and existing under and pursuant to the Law and having the office of its Board of Directors in Mountain View, Santa Clara County, California. Escrow Agent "Escrow Agent" means Seattle-First National Bank, as escrow agent pursuant to that certain Escrow Agreement, dated as of April 1, 1987, between the District and the Escrow Agent. General Fund "General Fund" means the General Fund of-- the District now existing in the treasury of the District under the Law. Interest and Principal Fund "Interest and Principal Fund" means the "1987 Promissory Note Interest and Principal Fund" established in Section 7. Law "Law" means Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the State of California, as amended to date, and all laws amendatory thereof and supplemental thereto. 3 7899f Letter of Instructions "Letter of Instructions" means the letter referred to in Section 11 delivered to the District by Orrick, Herrington & Sutcliffe, dated the date of issuance of the Notes, as originally delivered and as it may be amended from time to time, which provides guidance for compliance with the provisions of the Code. Limited Taxes "Limited Taxes" means the limited ad valorem property taxes levied upon all taxable property in 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 that are legally available to pay the Notes. Notes "Notes" means the $21,200, 000 principal amount of "Midpeninsula Regional Open Space District 1987 Promissory Notes" designated as such in Section 3 and authorized to be issued by the District under and by the authority of the Law and under and pursuant to the Resolution. Paying Agent "Paying Agent" means Seattle-First National Bank at its principal corporate trust office in Seattle, Washington, appointed by the District in Section 6, with the duties and powers herein provided, and its successors or assigns. 4 7899f President "President" means the President of the Board. Prior Notes "Prior Notes" means the District' s outstanding 1982 Negotiable Promissory Notes, the District' s outstanding 1985 Promissory Notes and the District' s outstanding 1986 Promissory Notes. Project "Project" means the acquisition of necessary and proper lands and facilities for open space purposes of the District. Rebate Earnings "Rebate Earnings" shall have the meaning assigned to it in the Letter of Instructions. Rebate Fund "Rebate Fund" means the 1987 Promissory Note Rebate Fund established in Section 11. Rebate Requirement "Rebate Requirement" shall have the meaning assigned to it in the Letter of Instructions. Refunding Fund "Refunding Fund" means the 1987 Promissory Note Refunding Fund established in Section 7. Reserve Fund "Reserve Fund" means the 1987 Promissory Note Reserve Fund established in Section 7. 5 7899f I Resolution i "Resolution" means this Resolution No. 87-09 adopted by the Board under and by authority of the Law on March 11, 1987. i Secretary "Secretary" means the Secretary of the Board. Tax Overrides "Tax Overrides" means any tax levied exclusively for the purpose of the payment of indebtedness of the District, such as capital lease obligations and indebtedness incurred prior to June 6, 1978, and general obligation bonded j indebtedness authorized by voters of the District. Treasurer "Treasurer" means the Treasurer of the District. SECTION 2 . Authority for the Issuance of the Notes. The Board has reviewed all proceedings heretofore taken relative to the issuance of the Notes and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, to happen and to be performed precedent to the issuance of the Notes do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the District is now duly authorized to issue the Notes and incur an indebtedness under and pursuant to the conditions and terms provided in the Resolution. i 6 7899f I) i SECTION 3 . Terms of the Notes. Promissory notes of the District in the aggregate principal amount of $21,200, 000 are hereby authorized to be issued by the District under and i pursuant to the Law for the purpose of financing the Project and for the purpose of refunding the Prior Notes, which authorized issue of promissory notes shall be designated the "Midpeninsula Regional Open Space District 1987 Promissory Notes. " The Notes shall be issued in fully registered form in the denomination of five thousand dollars ($5, 000) or any integral multiple thereof (but not to exceed the principal amount of Notes maturing in any one year) , shall be dated April 1, 1987, and shall mature (subject to any right of prior redemption reserved herein) on the dates and in the principal amounts as set forth in the following schedule: Maturity Date Principal Ma( rch 1) Amount 1991 2 560$ , 000 1992 2, 695, 000 1993 2, 840,000 1994 3, 000, 000 1995 3, 170, 000 1996 3, 360, 000 1997 3, 575, 000 The Notes shall bear interest at the rate or rates designated in the purchase contract pursuant to which the Notes are sold to the original purchaser thereof. The Notes shall bear interest from the interest a p yment date next preceding the date of registration thereof, unless the Notes are registered on a day during the period from the sixteenth (16th) day of 7 7899f the month next preceding an interest payment date to such interest payment date, both inclusive, in which event they shall bear interest from such interest payment date, or unless the Notes are registered on a day on or before the fifteenth ( 15th) day of the month next preceding the first interest payment date, in which event they shall bear interest from April 1, 1987. Such interest shall be payable semiannually on March 1 and September 1 of each year, commencing on September 1, 1987, until the Notes shall have been fully paid, by check mailed to the persons whose names appear as the registered owners thereof at the close of business as of the fifteenth ( 15th) day of the month next preceding each interest payment date on the registration books required to be kept by the Paying Agent by Section 6, and the principal of and redemption premium, if any, on the Notes shall be payable at maturity or upon redemption prior to maturity only on surrender of the Notes by such registered owners to the Paying Agent at the principal corporate trust office of the Paying Agent in, initially, Seattle, Washington. Both the interest and redemption premium, if any, on and principal of the Notes shall be payable in lawful money of the United States of America. The Notes maturing by their terms on or after March 1, 1994, are subject to optional redemption by the District prior to their respective maturity dates, as a whole on any date, or in part on any interest payment date in 7899f integral multiples of five thousand dollars ($5,000) in inverse order of maturity (and by lot within any one maturity if less than all the Notes of any one maturity are redeemed) , on or after March 1, 1993, from any legally available funds of the District, upon mailed notice as hereinafter provided, at a redemption price equal to the following amount expressed as a percentage of the principal amount of the Notes or the portions thereof called for redemption, together with accrued interest thereon to the date of redemption: Redemption Date (dates inclusive) Redemption Price March 1, 1993 to February 28, 1994 102 % March 1, 1994 to February 28, 1995 101. 5 March 1, 1995 to February 29, 1996 101 March 1, 1996 to February 28, 1997 100. 5 If less than all the outstanding Notes of any one maturity date are to be redeemed at any one time, the Paying Agent shall select the outstanding Notes or the portions thereof to be redeemed at such time from the outstanding Notes maturing on such date by lot in any manner that it deems fair. Notice of redemption of any Note or any portion thereof shall be given by the Paying Agent by mailing a copy of such notice by first class mail to the registered owner thereof not less than thirty (30) days nor more than sixty (60) days before the redemption date; provided, that receipt of such notice shall not be a condition precedent to the effect of such notice and failure to receive any such notice shall not affect the validity of the proceedings for the 7899f redemption of such Note or such portion thereof. Such notice shall state the redemption date, the redemption price, the place of redemption, and shall designate the principal amount, the numbers and CUSIP numbers of the Notes to be redeemed in whole or in part, and shall require that such Notes be then surrendered at the office of the Paying Agent for redemption in whole or in part at such redemption price, giving notice also that further interest on the Notes or the portions thereof called for redemption will not accrue from and after such redemption date. If any Note so chosen for redemption is to be redeemed in part only, such notice shall also state that such Note is to be redeemed in part only and that upon the presentation of such Note for redemption there will be issued in lieu of the unredeemed portion of the principal- amount thereof a new Note or Notes of the same interest rate and maturity date of an aggregate principal amount equal to the unredeemed portion thereof. If notice of redemption has been duly given as aforesaid and money for the payment of the redemption price of the Notes or the portions thereof so called for redemption is held by the Paying Agent, then on the redemption date designated in such notice such Notes or such portions thereof shall become due and payable, and from and after the date so designated interest on such Notes or the portions thereof so called for redemption shall cease to accrue and the registered owners of such Notes or such portions thereof shall have no 10 7899f rights in respect thereof except to receive payment of the redemption price thereof. SECTION 4. Form of the Notes. The Notes, including the Paying Agent' s Certificate of Authentication and Registration and the Assignment to appear thereon, shall be in substantially the following forms, the blanks being suitably filled in to comply with the provisions of the Resolution, namely (any portion of such form of Note may be printed on the back of the Notes) : 11 7899f [Form of Note] UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTIES OF SANTA CLARA AND SAN MATED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1987 PROMISSORY NOTE No. $ Interest Maturity Dated Rate Date as of CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a regional open space district duly organized and existing under III and pursuant to the laws of the State of California, and having the office of its Board of Directors in Mountain View, Santa Clara County, California (the "District" ) , hereby acknowledges itself indebted to and, for value received, promises to pay (but only out of the funds hereinafter referred to, and subject to any right of prior redemption reserved herein) to the registered owner set forth above on ! the maturity date set forth above or upon the prior redemption I hereof the principal sum set forth above, together with i interest thereon at the interest rate per annum set forth above from the interest payment date next preceding the date 12 7899f of registration of this Note (unless this Note is registered on a day during the period from the sixteenth ( 16th) day of the month next preceding an interest payment date to such interest payment date, both inclusive, in which event it shall bear interest from such interest payment date, or unless this Note is registered on a day on or before the fifteenth ( 15th) day of the month next preceding the first interest payment date, in which event it shall bear interest from April 1, 1987) until the principal hereof shall have been fully paid, payable semiannually on March 1 and September 1 of each year, commencing on September 1, 1987. Interest due on or before the maturity or the prior redemption of this Note shall be payable only by check mailed to the registered owner hereof at the close of business as of the fifteenth ( 15th) day of the month next preceding each interest payment date, and the principal hereof and redemption premium, if any, hereon shall be payable at the maturity or upon the prior redemption of this Note only upon surrender hereof by the registered owner hereof at the principal corporate trust office of the paying agent of the District, initially, Seattle-First National Bank in Seattle, Washington (together with any successor paying agent, the "Paying Agent" ) . Both the interest and redemption premium, if any, hereon and principal hereof are payable in lawful money of the United States of America. This Note is one of a duly authorized issue of promissory notes of the District designated as its 1987 13 7899f Promissory Notes (the "Notes" ) aggregating Twenty-One Million Two Hundred Thousand Dollars ($21,200, 000) in principal amount, all of like date and tenor (except for such variations as may be required to designate varying numbers, interest rates, denominations, maturities or redemption provisions) , and is issued under and by authority of Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the State of California, as amended to date, and all laws amendatory thereof and supplemental thereto (the "Law" ) , and under and pursuant to the provisions of Resolution No. 87-09 adopted by the Board of Directors of the District on March 11, 1987 (the "Resolution" ) , to provide funds for the purpose of acquiring necessary and proper lands and facilities for open space purposes of the District and for the purpose of refunding the District' s outstanding 1982 Negotiable Promissory Notes, the District' s outstanding 1985 Promissory Notes and the District' s outstanding 1986 Promissory Notes, all as more particularly provided in the Resolution, and reference is hereby made to the Resolution for a description of the terms on which the Notes are issued, for the provisions with regard to the security for the repayment of the Notes and for the rights of the registered owners of the Notes. All the terms of the Resolution are hereby incorporated herein and constituted a contract between the District and the registered owner of this Note, to all the provisions of which the registered owner of this Note, by his acceptance hereof, 14 7899f consents and agrees, and the registered owner of this Note shall have recourse to all the provisions of the Resolution and shall be bound by all the terms and conditions thereof. The Notes maturing by their terms on or after March 1, 1994, are subject to optional redemption by the District prior to their respective maturity dates, as a whole on any date, or in part on any interest payment date in integral multiples of five thousand dollars ($5,000) in inverse order of maturity (and by lot within any one maturity if less than all the Notes of any one maturity are redeemed) , on or after March 1, 1993, from any legally available funds of the District, upon mailed notice as hereinafter described, at a redemption price equal to the following amount expressed as a percentage of principal amount of the Notes or the portions thereof called for redemption, together with accrued interest thereon to the date of redemption: Redemption Date (dates inclusive) Redemption Price March 1, 1993 to February 28, 1994 102 % March 1, 1994 to February 28, 1995 101.5 March 1, 1995 to February 29, 1996 101 March 1, 1996 to February 28, 1997 100.5 If less than all the outstanding Notes of any one maturity date are to be redeemed at any one time, the Paying Agent shall select the outstanding Notes or the portions thereof to be redeemed at such time from the outstanding Notes maturing on such date by lot in any manner that it deems fair. 15 7899f As provided in the Resolution, notice of redemption of this Note or any portion hereof shall be given by the Paying Agent by mailing a copy of such notice by first class mail to the registered owner hereof not less than thirty (30) days nor more than sixty (60) days before the redemption date; provided, that receipt of such notice shall not be a condition precedent to the effect of such notice and failure to receive any such notice shall not affect the validity of the proceedings for the redemption of this Note or such portion hereof. If notice of redemption has been duly given as aforesaid, then on the redemption date designated in such notice this Note or such portion hereof shall become due and payable at the above-described redemption price, and if money for the payment of the above-described redemption 'price of this Note or such portion hereof is held by the Paying Agent, then from and after the date so designated interest on this Note or such portion hereof shall cease to accrue and the registered owner of this Note shall, as to this Note or such portion hereof, have no rights in respect hereof except to receive payment of the redemption price hereof on the redemption date hereof; provided, that if this Note is to be redeemed in part only, upon presentation of this Note for redemption there will be issued in lieu of the unredeemed portion of the principal amount hereof a new Note or Notes of the same interest rate and maturity date of an aggregate principal amount equal to the unredeemed portion hereof. 16 7899f i It is hereby recited, certified and declared that this Note is issued in strict conformity with the Constitution and laws of the State of California and with proceedings of the District authorizing the same, and that all acts, i conditions and things required by law to exist, to happen and to be performed precedent to the issuance of this Note do exist, have happened and have been performed in the time, form and manner as required by law, and that this Note, together with all other indebtedness and obligations of the District, does not exceed any limit prescribed by the Constitution or laws of the State of California. It is hereby further recited, certified and declared J that the Notes are limited obligations of the District and that the interest on and the principal of the Notes shall, as authorized by and subject to the Law, be paid only 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, or from other funds legally available therefor. The full faith and credit or taxing power of the District is not pledged for the payment of the interest on or principal of the Notes, and the Notes are not secured by a legal or equitable I i pledge of, or charge, lien or encumbrance upon, any property of the District or any of its income or revenue. i 17 7899f This Note is transferable by the registered owner hereof, in person or by his duly authorized attorney, at the above-mentioned office of the Paying Agent, upon surrender of this Note for cancellation accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent, and thereupon a new Note or Notes of authorized denominations for a like aggregate principal amount and of the same maturity date will be issued to the transferee in exchange therefor, in the manner, subject to the conditions and upon payment of the charges provided in the Resolution. The District and the Paying Agent may deem and treat the registered owner of this Note as the absolute owner hereof for all purposes, and neither the District nor the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and principal of this Note shall be made only to such registered owner as above provided, which payment shall be valid and effectual to satisfy and discharge liability on this Note to the extent of the sum or sums so paid. The Notes are authorized to be issued in the form of fully registered notes in the denomination of five thousand dollars ($5,000) or any integral multiple thereof (not exceeding the principal amount of Notes maturing in any one year) , and, subject to the conditions and upon payment of the charges provided in the Resolution, the Notes may be exchanged at the above-mentioned office of the Paying Agent for the same 18 7899f principal amount of Notes of the same maturity date of other authorized denominations. This Note shall not be entitled to any benefits under the Resolution or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been signed by the Paying Agent. IN WITNESS WHEREOF, the District has caused this Note on its behalf to be signed by the facsimile signature of the President of its Board of Directors and attested by the facsimile signature of the Secretary of its Board of Directors and has caused the seal of the District to be printed hereon, all as of April 1, 1987. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT B [ SEAL] President of the Board of Directors Attest: Secretary of the Board of Directors 19 7899f [Form of Paying Agent' s Certificate of Authentication and Registration] This is one of the Notes described in the within-mentioned Resolution which has been authenticated and registered as of SEATTLE-FIRST NATIONAL BANK, as Paying Agent B Authorized Officer 20 7899f [Form of Assignment] For value received the undersigned do(es) hereby sell, assign and transfer unto the within Note and do(es) hereby irrevocably constitute and appoint attorney to transfer the same on the register of the Paying Agent, with full power of substitution in the premises. Dated: 19—. Signature Guarantee NOTE: The signature( s) to this Assignment must correspond with the name(s) as written on the face of the within Note in every particular, without alteration or enlargement or any change whatsoever, and the signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. SECTION 5. Execution of the Notes. The President and the Secretary who may be in office at the date of the Notes, or at any time thereafter prior to the delivery of the Notes, and each of such officers, are hereby authorized and directed respectively as such officers to sign and attest each 21 7899f of the Notes on behalf of the District by use of their facsimile signatures, and the Secretary is hereby additionally, authorized and directed to print the seal of the District thereon. Such signing and sealing shall be a sufficient and binding execution of the Notes by the District. In case any such officer whose signature appears on the Notes shall cease to be such officer before the delivery of the Notes to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes the same as though such officer had remained in office until the delivery of the Notes. Only such of the Notes as shall bear thereon a certificate of authentication and registration in the form hereinabove set forth, executed and dated by the Paying Agent, shall be entitled to any benefits hereunder or be valid or obligatory for any purpose, and such certificate shall be conclusive evidence that the Notes so authenticated have been duly authorized, executed, issued and delivered hereunder and are entitled to the benefits hereof. SECTION 6. Appointment of Paying Agent; Registration and Transfer of the Notes. Seattle-First National Bank at its principal corporate trust office in Seattle, Washington, is hereby appointed Paying Agent of the District for the purpose of paying the interest and redemption premiums, if any, on and principal of the Notes. The District may at any time in its sole discretion remove the Paying Agent initially appointed and any successor thereto and may appoint 22 7899f III a successor or successors thereto by an instrument in writing; provided, the District agrees that it will at all times maintain a Paying Agent for the Notes having a principal corporate trust office in either San Francisco, California or Seattle, Washington. The Paying Agent is hereby authorized and directed to pay interest on the Notes due on or before the maturity or upon the prior redemption thereof to the registered owners thereof as their names appear at the close of business as of the fifteenth (15th) day of the month preceding each interest payment date on the registration books required to be kept by it pursuant to this section as the registered owners thereof, such interest to be paid by check mailed to such registered owners at their addresses appearing on such books or at such other addresses as they may have filed with the Paying Agent for that purpose, and to pay to such registered owners the principal of the Notes upon presentation and surrender nder of the Notes to the Paying Agent at Y s � maturity or upon the prior redemption thereof. The District shall from time to time, subject to any agreement between the District and the Paying Agent then in force, pay the Paying Agent compensation for its services, reimburse the Paying Agent for all its advances and expenditures, including but not limited to advances to and I fees and expenses of independent accountants, counsel and i consultants or other experts employed by it in the exercise and performance of its rights and obligations hereunder, and 23 7899f indemnify and save the Paying Agent harmless against liabilities not arising from its own negligence or willful misconduct which it may incur in the exercise and performance of its rights and obligations hereunder. The recitals of facts, agreements and covenants contained herein and in the Notes shall be taken as statements, agreements and covenants of the District, and the Paying Agent does not assume any responsibility for the correctness of the same and does not make any representation as to the sufficiency or validity hereof or of the Notes, and shall not incur any responsibility in respect thereof other than in connection with the rights and obligations assigned to or imposed upon it herein or in the Notes, and shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Paying Agent will keep at its principal corporate trust office sufficient books for the registration, transfer and exchange of the Notes, which books shall at all times be open to inspection by the District during normal business hours, and upon presentation for such purpose the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or exchange the Notes on such books as hereinafter provided. Any Note may be transferred on such books by the registered owner thereof, in person or by his duly authorized attorney, upon payment by the person requesting such transfer 24 7899f of any tax or other governmental charge required to be paid with respect to such transfer and upon surrender of such Note for cancellation accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Note or Notes shall be surrendered for transfer, the District shall execute and the Paying Agent shall authenticate and deliver a new Note or Notes of authorized denominations for a like aggregate principal amount and of the same maturity date. The District and the Paying Agent may deem and treat the registered owner of any Note as the absolute owner of such Note for the purpose of receiving payment thereof and for all other purposes, whether such Note shall be overdue or not, and neither the District no the Paying Agent shall be affected by any notice or knowledge to the contrary; and payment of the interest on and principal of such Note shall be made only to such registered owner as above provided, which payment shall be valid and effectual to satisfy and discharge liability on such Note to the extent of the sum or sums so paid. The Notes may be exchanged on such books by the registered owners thereof for a like aggregate principal amount of Notes of the same maturity date of other authorized denominations upon payment by the person requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. If any Note is mutilated, lost, stolen or destroyed, the District shall execute and the Paying Agent shall 25 7899f authenticate a new Note of the same date, maturity and denomination as that mutilated, lost, stolen or destroyed; provided that in the case of any mutilated Note, such mutilated Note shall first be surrendered to the Paying Agent, and in the case of any lost, stolen or destroyed Note, there shall be first furnished to the District and the Paying Agent evidence of such loss, theft or destruction satisfactory to the District and the Paying Agent, together with an indemnity satisfactory to them. In the event any such Note shall have matured or been called for redemption, instead of issuing a duplicate Note, the Paying Agent may pay the same. The District and the Paying Agent may charge the owner of such Note with their reasonable fees and expenses in connection with replacing any Note mutilated, lost, stolen or- destroyed. The Paying Agent may consult with counsel (who may be counsel to the District) with regard to legal questions arising hereunder, and the opinion of such counsel shall be full and complete authorization and protection to the Paying Agent in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. SECTION 7. Delivery of the Notes. The Secretary is directed to cause to be prepared a sufficient number of blank Notes Of suitable quality and to cause the blank spaces thereof to be filled in to comply with the provisions hereof, and to procure their execution by the proper officers of the District, and to deliver them to the Treasurer, who shall 7899f 26 safely keep the same and deliver them to the Paying Agent for registration in such manner as directed by the purchaser thereof, and who shall thereafter deliver them to such purchaser upon receiving therefor the purchase price thereof and accrued interest thereon to the date of delivery. The President and the Secretary are further authorized and directed to make, execute and deliver to the purchaser of the Notes a signature certificate in the form customarily required by purchasers of notes of public districts, certifying to the genuineness and due execution of the Notes, and the Treasurer is hereby authorized and directed to make, execute and deliver to the purchaser of the Notes a receipt in the form customarily required by purchasers of notes of public districts, evidencing the payment of the purchase -price and the delivery of the Notes, which receipt shall be conclusive evidence that the Notes have been duly paid for and delivered. The purchaser of the Notes and any subsequent registered owner of the Notes is hereby authorized to rely upon and shall be justified in relying upon any such signature certificate and any such receipt with respect to the Notes issued and delivered pursuant to the authority of the Resolution. Upon the receipt of payment for the Notes when the same shall have been duly sold and delivered, the Treasurer shall set aside and deposit the proceeds received from such 27 7899f l sale in th e fo llowing i ng respective ve fu nds and in the following order of priority: (a) The Treasurer shall deposit in the "1987 Promissory Note Interest and Principal Fund, " which fund the District hereby agrees and covenants to establish and maintain until payment in full or provision therefor of all interest and redemption premiums, if any, on and principal of the Notes, a sum of money equal to the accrued interest from the date of the Notes to the date of the payment of the purchase price thereof. (b) The Treasurer shall deposit in the "1987 Promissory Note Reserve Fund, " which fund the District hereby agrees and covenants to establish and maintain with the Paying Agent until payment in full or provision therefor of all interest and redemption premiums, if P any, Y on and principal of the Notes, a sum of money equal to $1, 696, 000. (c) The Treasurer shall deposit in the "1987 Promissory Note Refunding Fund, " which fund the District hereby agrees and covenants to establish and maintain until provision for refunding of the Prior Notes has been duly made, a sum of money which, together with other money deposited therein at the same time, will be sufficient (in the opinion of an independent certified public accountant, who shall certify such determination in writing to the Escrow Agent) to provide for the 28 7899f i payment of the Prior Notes on th eir r respective ive ct ' P matur ity ty or redemption dates, together with accrued interest i thereon. All money in the Refunding Fund shall be deposited in an escrow fund to be maintained under an escrow agreement to be entered into between the District and the Escrow Agent and applied thereunder for refunding the Prior Notes, as provided in the resolutions authorizing their issuance. (d) The Treasurer shall deposit the remainder of the proceeds received from the sale of the Notes in the "1987 Promissory Note Acquisition Fund, " which fund the District hereby covenants and agrees to establish and maintain until payment of all costs of the issuance of the Notes and the financing of the Project. SECTION 8. Payment of the Notes. The Notes are limited obligations of the District and the interest and premium, if any, on and the principal of the Notes shall, as authorized by and subject to the Law, be paid only from limited ad valorem property taxes levied upon all taxable �I property in the District by the Board of Supervisors of Santa Clara County an b d B Y the Board of Sup ervisors of San Mateo County, and allocated to the District under applicable law, or from other funds legally available therefor. The full faith and credit or taxing power of the District is not pledged for the payment of the interest on or principal of the Notes, and I ` the Notes are not and shall not be secured by a legal or i 7899f 29 equitable pledge of, or charge, lien or encumbrance upon, any i property of the District or any of its income or revenue. In order to provide for the timely payment of the interest on and principal of the Notes as the same becomes due, the District agrees and covenants, consistent with the foregoing and as authorized by and subject to the Law, that until the interest on and the principal of the Notes are paid in full or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of the interest on and the principal of the Notes as they become due, it will annually set aside a portion of the limited ad valorem taxes levied upon all taxable property in the District by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and i allocated to it under applicable law, or other legally available funds of the District sufficient to pay such interest and princi pal al that will become due P before the P proceeds of a tax levied at the next general tax levy will be available for such purpose. In order to implement this provision, the District further agrees and covenants that it will set aside, as soon as possible after the receipt of such i taxes that become delinquent after April 10 of each year i (commencing with such taxes that become delinquent after April 10, 1987) , an amount of such taxes (or other legally available funds of the District) equal to the interest that becomes due and payable on the Notes on the next succeeding 30 7899f I j I September 1 and that it will ill set aside, as soon as possible after the receipt of such taxes that become delinquent after i� December 10 of each year (commencing with such taxes that become delinquent after December 10, 1987) , an amount of such taxes (or other legally available funds of the District) equal to the interest that becomes due and payable on the Notes on the next succeeding March 1 plus the principal of the Notes that becomes due and payable on the next succeeding March 1. All such taxes (or other legally available funds of the i District) shall be deposited by the Controller in the Interest and Principal Fund. All money in the Interest and Principal Fund shall be used solely for the payment of the interest on, the principal of, and the redemption premiums, if any,- on the i Notes, and for this the Controller shall,purpose 11, at least one (1) Business Day before each interest payment date on the Notes and each principal maturity date or P P Y redemption date of any of the Notes, disburse from the Interest and Principal i Fund to the Paying Agent an amount, in immediately available funds, sufficient to make such interest, principal and premium payments; provided, that any money held by the Paying Agent in trust for the payment and discharge of any Notes which remains unclaimed for six years after the date when such Notes have become due and payable, either at their stated maturity date or by call for redemption prior to maturity, if such money was held by the Paying Agent on such date, or for six years after i 31 7899f the date of deposit of such money if deposited with the Paying Agent after the date when such Notes become due and payable, shall be repaid by the Paying Agent to the District and deposited by the District in the General Fund, and the Paying Agent shall thereupon be released and discharged with respect thereto and the registered owners of the Notes shall look only to the District for the payment of such Notes ( subject to the applicable statute of limitations) . All money in the Interest and Principal Fund shall, pending its disbursement as above provided, be deposited or invested as determined by the Controller as permitted by law so as to obtain the highest yield that the Controller deems practicable, having due regard for the safety of such deposits and investments and subject to the provisions of Section 11 hereof; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when such money is required to be withdrawn for use hereunder. All proceeds of such deposits or investments shall (except as otherwise provided by Section 11) be deposited as and when received in the Interest and Principal Fund. When all the interest and redemption premiums, if any, on and the principal of the Notes has been paid, any balance of money then remaining in the Interest and Principal Fund shall be deposited in the General Fund. 32 7899f The covenants and agreements set forth herein are for the equal and proportionate benefit, security and protection of all owners of the Notes and any additional notes which have heretofore or may hereafter be issued on a parity with the Notes, without preference or distinction as to security or otherwise of any such obligations over any of the other by reason of the number or date thereof or the time of sale, execution or delivery hereof. SECTION 9. Reserve Fund. The money in the Reserve Fund shall be used solely for the payment of the interest and redemption premium, if any, on and the principal of the Notes in the event and to the extent that the District has no other money available therefor, except that ( 1) any money in the Reserve Fund in excess of the balance required to be maintained therein may be withdrawn from the Reserve Fund and deposited in the General Fund upon receipt by the Paying Agent of written instructions from the District, and (2) the money in the Reserve Fund may be used (together with any other money available for that purpose) for the retirement or defeasance of all the outstanding Notes. Whenever any withdrawals from the Reserve Fund reduce the balance therein below the balance required to be maintained therein, the Reserve Fund shall be replenished from the first available taxes and revenues of the District, except that the District shall not be obligated to make any payments into the Reserve Fund at any time when the money contained therein and in the Interest and Principal Fund is at least equal to the principal amount of the outstanding 33 7899f Notes plus the interest then due and thereafter to become due thereon. All money in the Reserve Fund shall, pending its use, be deposited or invested as directed by the Controller as permitted by law so as to obtain the highest yield that the Controller deems practicable, having due regard for the safety of such deposits and investments and subject to the provisions of Section 11 hereof; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when such money is expected to be withdrawn for use hereunder, and in any event not later than March 1, 1997. All proceeds of such deposits or investments shall (except as otherwise provided by Section 11) be deposited as and when received in the Interest and Principal Fund. When all the interest on and the principal of the Notes has been paid, any balance of money then remaining in the Reserve Fund shall be deposited in the General Fund. SECTION 10. Acquisition Fund. All money in the Acquisition Fund shall be withdrawn therefrom only upon the order of the Board or pursuant to its directions, and shall be used and withdrawn solely for paying costs of the issuance of the Notes (including, but not limited to, all printing and document preparation expenses in connection with the Notes and the preliminary official statement and official statement pertaining to the Notes, rating agency fees, CUSIP Service 34 7899f Bureau charges, the initial fees and expenses of the Paying Agent, escrow fees, verification fees and other fees and expenses incurred in connection with the issuance of the Notes and the refunding of the Prior Notes) and the financing of the Project, except that any balance of money in the Acquisition Fund not needed or used for such purpose shall, after the closure of such fund, be transferred to the Interest and Principal Fund. All money in the Acquisition Fund shall, pending expenditure, be deposited or invested as determined by the Controller as permitted by law so as to obtain the highest yield that the Controller deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments shall be withdrawable or shall mature, as the case may be, to coincide as nearly as practicable with the time when such money is expected to be withdrawn for use hereunder. All proceeds of such deposits or investments shall (except as otherwise provided by Section 11) be deposited as and when received in the Acquisition Fund. SECTION 11. Tax Covenants. (a) The District agrees and covenants that it will not make any use of the proceeds of the Notes or any other funds of the District or any properties of the District or any part thereof which would cause the Notes to be "arbitrage bonds" subject to federal income taxation by reason of Section 148 of the Code, "private activity bonds" subject to federal income taxation by reason of Section 141(a) of the Code, or obligations subject to 35 7899f federal income taxation because they are "federally guaranteedif as provided in Section 149(b) of the Code; and to that end the District, with respect to the proceeds of the Notes and such other funds, will comply with all requirements of such sections of the Code and all regulations of the United States Department of the Treasury issued thereunder to the extent that such requirements are, at the time, applicable and in effect, and will comply with the provisions of the Letter of Instructions. (b) In furtherance of the agreements and covenants of the District set forth above, the District will comply with the Letter of Instructions, and the District hereby agrees and covenants to establish and maintain the "1987 Promissory Note Rebate Fund" and to use such fund to segregate the- Rebate Requirement and Rebate Earnings from all other moneys of the District in accordance with the Letter of Instructions. it SECTION 12 . General Covenants. The District agrees and covenants that, until payment in full of all the interest and redemption premiums, if any, on and the principal of the Notes (or provision satisfactory for such payment shall have been made) , it will: A. Duly and punctually pay or cause to be paid the interest and redemption premiums, if any, on and the principal of the Notes in accordance with the conditions and terms thereof and with the conditions and terms hereof. 7899f 36 B. Incur no additional indebtedness or capital lease obligations payable from the Limited Taxes received by the District having any priority in payment to the payment of the interest on or the principal of the Notes. C. Incur no additional indebtedness or capital lease obligations payable from the Limited Taxes received by the District on a parity in payment of the interest on or the principal of the Notes unless it shall have first filed with the Paying Agent a certificate (which the Paying Agent shall maintain in its files, but shall have no responsibility for the review or verification thereof) executed by the Controller showing: 1. The taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statement of the District, plus the total subventions in lieu of taxes received by the District from the State of California in such fiscal year, less the total debt service paid by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides; 2. The total debt service payable by the District during its next succeeding fiscal year on all indebtedness or capital lease obligations of the District that would be payable on a parity with such additional indebtedness, including debt service on such additional indebtedness, less the total debt service payable by the 37 7899f District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides; 3 . That the total defined in subparagraph 1 above is at least one hundred twenty-five per cent ( 125%) of the total defined in subparagraph 2 above. D. Prepare and adopt a budget for each fiscal year, which budget shall provide as a priority item for the payment of the interest and premium, if any, on and the principal of the Notes (together with all other indebtedness or capital lease obligations of the District payable from Limited Taxes) becoming due and payable in such fiscal year and for appropriations fully sufficient to make such payments. A copy of each budget shall be filed with the Paying Agent within twenty (20) days of its adoption (which budget the Paying Agent shall maintain in its files, but shall not be responsible for the review thereof) . The budgets of the District on file with the Paying Agent shall be open to inspection during regular business hours by any registered owner of the Notes. SECTION 13 . District Securities Investigation Law. The Board hereby determines that the issuance and delivery of the Notes is not subject to prior investigation, report and approval by the Districts Securities Division of the Office of the California State Treasurer under the District Securities Investigation Law of 1965 by reason of the fact that the amount of outstanding indebtedness of the District plus the 38 7899f I • T California State Treasurer, with the request that written notice be given to the Secretary that the Notes do not appear to be subject to prior investigation, report and approval under the District Securities Investigation Law of 1965. SECTION 14. Effective Date. The Resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED on March 11, 1987, by the following vote: AYES: Directors NOES: ABSENT: Approved: President of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) Attest: Secretary of the Board of Directors of the Midpeninsula Regional Open Space District I i i II 39 7899f SECRETARY' S CERTIFICATE I I, Ernestine U. Henshaw, Secretary of the Board of Directors of the Midpeninsula Regional Open Space District, hereby certify as follows: The foregoing is a full, true and correct Copy of a resolution duly adopted at a regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District duly and regularly and legally held at the regular meeting place thereof on March 11, 1987, of which meeting all the members of said Board of Directors had due notice and at which two-thirds thereof was present. At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and said original resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: March _, 1987 (Seal) Secretary of the Board of Directors of the Midpeninsula Regional Open Space District i i EXHIBIT A PAYING AGENT AGREEMENT This AGREEMENT made and entered into as of the first day of April, 1987, by and between the Midpeninsula Regional Open Space District (hereinafter called the "District" ) and Seattle-First National Bank (hereinafter called "BANK" ) , WITNESSETH: WHEREAS, the District has by Resolution No. 87-09 (the "Resolution" ) authorized the issuance of $21,200, 000 aggregate principal amount of its 1987 Promissory Notes (the "Notes" ) , and wishes BANK to act as Paying Agent and Registrar to pay the Notes, and WHEREAS, BANK is desirous of acting as Paying Agent on the Notes at its Corporate Trust Office located in the City of Seattle, Washington. NOW, THEREFORE, the parties above named, in consideration of the mutual covenants herein contained agree as follows: 1. The District hereby appoints BANK its Paying Agent to pay principal of and redemption premiums,- if any, and interest on the Notes referred to above and such as may be included hereafter under this Agreement. 2 . The District shall deposit with the Corporate Trust Department of BANK, at least one ( 1) business day prior to the date of maturity of principal and/or interest or other payment date on which the Notes by their terms become payable, in immediately available funds, all amounts necessary for payment of such principal, redemption premiums, if any, and interest; said funds are to be deposited to an account designated as the "Principal and Interest Account. " 3 . BANK shall cause all of the Notes of the District to be honored in accordance with the terms thereof upon presentation of the same for payment or collection at maturity or when by their terms they otherwise become payable, to the Corporate Trust Department of BANK in Seattle, Washington. BANK will hold and apply the funds deposited to the Principal and Interest Account solely for the payment of the interest and/or principal and/or redemption premiums to be so paid; provided that this paragraph shall not in any instance require payment or disbursement of any funds in excess of the amount then on deposit in the above mentioned "Principal and Interest Account. " 5600c 4. BANK shall render semi-annual cash statements each year to the District showing all amounts received and paid or disbursed pursuant to paragraph three (3 ) hereof and with regard to the Reserve Fund and shall maintain records with respect to such funds and investment thereof pursuant to the Letter of Instructions referred to in the Resolution. 5. BANK will submit a semi-annual statement of the amount of fees due BANK under this Agreement, and all incidental expenses for which reimbursement is claimed pursuant to paragraph eleven ( 11) hereafter. Upon receipt of such statement, the District shall pay to BANK all fees and expenses under this Agreement and shall reimburse BANK in accordance with paragraph eleven (11) hereafter. 6. When any Notes are honored pursuant to paragraph three (3) hereof, BANK shall forthwith cancel and destroy such Note and records of such cancellation and destruction shall be retained for a period of seven (7) years or until the entire issue has matured. 7. The Paying Agent' s rights to immunities and protection from liability hereunder and its rights to payment of its fees and expenses shall survive its resignation or removal and final payment or defeasance of the Notes. 8. All indemnifications and releases from liability granted herein to the Paying Agent shall extend to the directors, officers, employees and agents of the Paying Agent. 9. Any company into which the Paying Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Paying Agent may sell or transfer all or substantially all of its corporate trust business, provided that such company shall be eligible under Section 6 of the Resolution, shall be the successor to the Paying Agent without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding. 10. No provision of this Agreement shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. 2 5600c 11. The District shall pay to BANK fees in accordance with the following schedule: Initial.. Acceptance Fee The District shall pay BANK an initial acceptance fee of $11, 435 .25. Annual Administrative Fee The annual administrative charge is comprised of a fee of $350. 00 per $1 million of the maximum note principal outstanding during the year, subject to a minimum annual administrative charge of $3, 500.000. Investment and Disbursement of Funds For each purchase, sale, exchange, redemption or collection at maturity of securities, the fee is $25.00. Registrar Fees Base fee $300.00 Per bondholder account 3 .50 Per certificate originally issued 1. 00 Per routine transfer 2 . 50 Per documentary transfer 5 .00 Per package of securities shipped 0.20 Per item mailed to bondholders 0.04* Per certificate retired at maturity 1. 50 Per certificate retired prior to maturity (called, etc. ) 2 . 50** *Subject to minimum charge per mailing of $25 .00. **Subject to minimum charge per call of $100.00 Closing Fee For executing final release of security and closing trust accounts, a reasonable charge, based on the work involved, is imposed, subject to a minimum charge of $250. 00 Out-of-Pocket Expenses Out-of-pocket expenses, such as postage, travel, shipping costs, Fed wire charges, postage, insurance and the reasonable fees of the bank' s counsel are reimbursable in addition to the fees quoted herein; provided, that the District is consulted prior to the incurrence of any attorneys' fees, and provided further, that incident to the 5600c initial issuance of the Notes, the District will reimburse BANK for travel expenses not to exceed $1, 200. 00 and legal expenses not to exceed $3, SOO.00. Other Services For services not contemplated herein, fees will be based on an appraisal of work involved. Fee Adjustments The charges for services as Paying Agent and Registrar are subject to adjustment, by mutual agreement of the parties hereto, if new laws, methods or costs add to BANK' S operational expenses in performing these services. 12 . The District will deliver to the Corporate Trust Department of BANK as soon as available, the following documents in the numbers indicated: Two specimen notes of each rate and maturity Two certified copies of the Resolution Two note legal opinions 13 . All notices, documents and other correspondence will be mailed or delivered to BANK at 1001 Fourth Avenue, 11th Floor, Seattle, Washington 98154, Attn: Bond Trustee Services, or to such other addresses as either party shall from time to time indicate in writing to the other. 14. The District, upon six (6) months' written notice to BANK, may terminate any request for the performance of services pursuant to this Agreement. 15. BANK, upon six (6) months' written notice to the District, may terminate this Agreement; provided, that upon default by the District under any provision of this Agreement or upon default by the District to deposit funds with BANK for payment of principal and/or interest of any issue with respect to which BANK has agreed hereby to pay, BANK may immediately terminate this Agreement in its entirety by giving written notice to the District. 16. In the event either party to this Agreement should default under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party or assignee the reasonable fees of 4 5600c i f f such attorneys and such other expenses so incurred by the nondefaulting party. 17 . Any money held by the BANK in trust for the payment and discharge of any Notes which remains unclaimed for six (6) years after the date when such Notes have become due and payable, either at their stated maturity date or by call for redemption prior to maturity, if such money was held by the BANK on such date, or for six (6) years after the date of deposit of such money if deposited with the BANK after the date when such Notes become due and payable, shall be repaid by the BANK to the District and deposited by the District in the General Fund, and the BANK shall thereupon be released and discharged with respect thereto and the registered owners of the Notes shall look only to the District for the payment of such Notes ( subject to the applicable statute of limitations) . THE TERMS AND CONDITIONS of the Agreement are intended for the mutual benefit of the District and BANK exclusively and are not intended to give any third party any rights or claim, contractual or otherwise, hereunder. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed, the day and year first above written. MidP enins ula Regional Open Space District By President of the Board of Directors Seattle-First National Bank By Assistant Vice President 5 5600c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-10 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution and Delivery of a Purchase Contract Relating to $21,200,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Approving the Official Statement Relating to Said Notes and Authorizing the Execution and Delivery of an Escrow Agreement Relating to Said Notes Adopted March 11, 1987 7909f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-10 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution and Delivery of a Purchase Contract Relating to $21,200, 000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Approving the Official Statement Relating to Said Notes and Authorizing the Execution and Delivery of an Escrow Agreement Relating to Said Notes WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (the "District" ) has duly authorized the issuance of $21,200,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes (the "Notes" ) to provide funds for the purpose of acquiring necessary and proper lands and facilities for open space purposes of the District and for the purpose of refunding the District' s outstanding 1982 Negotiable Promissory Notes, the District' s outstanding 1985 Promissory Notes and the District' s outstanding 1986 Promissory Notes; and 7909f WHEREAS, there has been submitted to this Board of Directors by Prudential-Bache Securities Inc. a form of Purchase Contract relating to the Notes (the "Purchase Contract" ) and there has been submitted to this Board of Directors by Prudential-Bache Securities Inc. an Official Statement relating to the Notes (the "Official Statement" ) and there has been submitted to this Board of Directors an Escrow Agreement relating to the Notes (the "Escrow Agreement" ) ; and WHEREAS, this Board of Directors has carefully considered the terms and conditions of the Purchase Contract and of the Official Statement and of the Escrow Agreement and is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1 . The Purchase Contract, in the form now on file with the Secretary of the Board of Directors of the District, is hereby approved for execution by the District; and pursuant to which the Notes will be sold at a purchase price equal to the principal amount thereof plus accrued interest thereon, less a discount of $280,000 (which discount equals the underwriter' s spread, and which discount the Board of Directors of the District hereby determines reflects an i i underwriter' s spread which is both reasonable and necessary under the prevailing market conditions) , and pursuant to which the General Manager of the District, with the advice and 2 7909f consent of the Controller of the District, shall determine the interest rates or rates of the Notes, which such interest rate or rates not to exceed seven per cent (7%) per annum and which such interest rate or rates shall be inserted therein with the approval of the officers executing the Purchase Contract; whereupon the President of the Board of Directors of the District is hereby authorized to execute and the Secretary of the Board of Directors of the District is hereby authorized to attest such execution and affix the seal of the District thereto and deliver the Purchase Contract on behalf of the District with such changes therein as the officers executing the same may require or approve, such execution and delivery to be conclusive evidence of the approval of the Purchase Contract and the interest rates on the Notes stated therein. Section 2 . The Board of Directors of the District, having been advised by its staff that the Official Statement accurately reflects the financial conditions and other factors relating to the affairs of the District and having reviewed the Official Statement, hereby approves the Official Statement, in substantially the form now on file with the Secretary of the Board of Directors of the District, and the President of the Board of Directors of the District and the General Manager of the District are hereby authorized to execute and deliver the Official Statement on behalf of the District, in substantially said form, with such changes therein as the officers executing the same may require or lilt 3 7909f approve, such approval to be conclusively evidenced by execution and delivery thereof, and the distribution of the Official Statement by the Underwriter in preliminary form to potential purchasers of the Notes is hereby ratified and approved, and the Underwriter is hereby authorized to distribute copies of the Official Statement in final form in connection with the resale of the Notes. Section 3 . The Escrow Agreement, in substantially the form now on file with the Secretary of the Board of Directors of the District, is hereby approved for execution by the District, and the President of the Board of Directors of the District is hereby authorized to execute the Escrow Agreement in substantially the form submitted, with such modifications as he may approve, and the Secretary- of the Board of Directors of the District is hereby authorized to attest such execution and affix the seal of the District thereto and deliver the Escrow Agreement on behalf of the District, such execution and delivery to be conclusive evidence of the approval of the Escrow Agreement. Section 4. The officers of the Board of Directors of the District and the officers of the District are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale, execution and delivery of the Notes and otherwise to carry out, give effect to and comply with the 4 7909f i i terms and intent of this resolution, the Notes, the Purchase Contract, the Official Statement and the Escrow Agreement; and any such actions heretofore taken by such officers in connection therewith are hereby ratified, confirmed and approved. Section 5. This resolution shall take effect from and after its passage and approval. I I 5 7909f PASSED AND ADOPTED on March 11, 1987, by the following vote: AYES: Directors NOES: ABSENT: Approved: President of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) Attest: Secretary of the Board of Directors of the Midpeninsula Regional Open Space District 6 7909f SECRETARY' S CERTIFICATE I , Ernestine U. Renshaw, Secretary of the Board of Directors of the Midpeninsula Regional Open Space District, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District duly and regularly and legally held at the regular meeting place thereof on March 11, 1987, of which meeting all the members of said Board of Directors had due notice and at which two-thirds thereof was present. At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and said original resolution has not been amendedI modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: March 1987 (Seal) Secretary of the Board of Directors of the Midpeninsula Regional Open Space District Third Draft 3/5/87 BPH $21, 200, 000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1987 PROMISSORY NOTES PURCHASE CONTRACT March —,, 1987 Midpeninsula Regional Open Space District Mountain View, California Ladies and Gentlemen: The undersigned ( the "Underwriter" ) , offers to enter into this Purchase Contract with you, the Midpeninsula Regional Open Space District ( the "District" ) . Upon the District ' s acceptance of this offer, this Purchase Contract will be binding upon the District and upon the Under- writer. This offer is made subject to the District ' s writ- ten acceptance and delivery of an executed counterpart hereof to the Underwriter at or prior to 11: 30 P.M. (Cali- fornia time) , on the date hereof. Unless the context requires otherwise, all capitalized terms not specifically defined herein shall have the meanings assigned to them in the Official Statement referred to hereinafter. 1 . Upon the terms and conditions and upon the basis of the representations and warranties hereinafter set forth, the Underwriter hereby agrees to purchase from the District for reoffering to the public, and the District hereby agrees to execute, and to cause Seattle-First National Bank, as paying agent and escrow agent (the "Agent" ) to authenticate and deliver to the Underwriter for such purpose, all (but not less than all) of $21,200,000 aggregate principal amount of the 1987 Promissory Notes ( the "Notes" ) of the District. The Notes shall be dated and shall have the maturities and bear interest at the rates and be payable as described on the cover of the Official State- ment, a copy of which is attached hereto as Appendix 1 and herein incorporated by reference. The purchase price of the Notes shall be $ plus accrued interest from April 1, 1987 to the date of Closing (as hereinafter defined) . 1 . 409-12-B-Ma05 2. The Notes shall be limited 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 and other funds legally avail- able therefor . The Notes are to be issued pursuant to the Law and to Resolution 87-09 ( the "Note Resolution" ) , adopted by the District on March 11, 1987 . The Note Resolution and Resolution 87- and Resolution 87- of the District, each adopted by the District on March 11 , 1987 , are hereinafter collectively referred to as the "Resolutions. " Pursuant to and subject to the terms of this Pur- chase Contract, the District shall be obligated to cause the simultaneous sale of all the Notes to the Underwriter, and the Underwriter shall be obligated to purchase all the Notes, and the entire aggregate principal amount of the Notes shall be authenticated and delivered by the Paying Agent on behalf of the District and accepted and paid for by the Underwriter on the date of Closing, as provided in Sec- tion 6 hereof. 3. The Underwriter agrees to make a bona fide public offering of all the Notes at the initial public offering prices or yields as set forth on the cover page of the Official Statement. Subsequent to such initial public offering, the Underwriter reserves the right to change such initial public offering prices or yields as the Underwriter deems necessary in connection with the marketing of the Notes and to offer and sell the Notes to certain dealers ( including dealers depositing the Notes into investment trusts) at concessions to be determined by the Under- writer . In connection with the public offering of the Notes, the Underwriter may over-allot or effect transactions which stabilize or maintain the market price of the Notes at levels above those which might otherwise prevail in the open market. 4. At the time of or before the District ' s accep- tance hereof, it shall deliver to the Underwriter ten copies of the final Official Statement dated March 1987 of the District relating to the Notes ( together with thecover page and all appendices thereto and such changes therein consented to in writing by the Underwriter, the "Official Statement" ) , in a form satisfactory to the Underwriter, duly executed on behalf of the District by its Authorized Officer (as hereinafter defined) . In addition, as promptly as prac- ticable after delivery of the Notes, the District shall deliver to the Underwriter such reasonable number of copies of the Official Statement as the Underwriter shall 2. 409-12-B-Ma05 request. The District authorizes the use of copies of the Official Statement in connection with the public offering and sale of the Notes. The District also approves and rati- fies the use by the Underwriter prior to the date hereof of the Preliminary Official Statement dated March 4, 1987, of the District relating to the Notes ( together with the cover page and all appendices thereto, the "Preliminary Official Statement" ) in connection with the offering of the Notes . The Underwriter agrees that it shall not confirm the sale of any Notes unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the final Official Statement . The District represents and warrants to the Under- writer that : (A) the District is and will be at the date of Closing (as hereinafter defined) , an open space district duly organized and existing under and pursuant to the Law, and has, and at the Closing will have, full legal right, power and authority ( i ) to enter into this Purchase Con- tract; ( ii ) to execute and deliver the Escrow Agreement ( the "Agreement" ) ; ( iii) to execute, and to cause the Agent as paying agent to authenticate and deliver , the Notes to the Underwriter as provided herein; and ( iv) to carry out and to consummate the transactions contemplated by this Purchase Contract, the Resolutions, the Agreement and the Official Statement; (B) the District has complied, and will at the Closing be in compliance in all respects, with the Reso- lutions and the Agreement; (C) ( i ) at or prior to the Closing, the District will have taken all action required to be taken by it to authorize the execution and delivery of the Notes and the performance of its obligations represented thereby; and ( ii ) the execution and delivery by the District of this Purchase Contract, and the Agreement have been duly author- ized, and this Purchase Contract has, and at or prior to the Closing, the Agreement and the Notes shall have been duly executed and delivered by the District and constitute, or when executed and delivered by the District will constitute, and assuming due authorization and execution by the other parties thereto, valid and legally binding obligations of the District enforceable against it in accordance with their respective terms, subject to any applicable bankruptcy, insolvency, reorganization or similar laws affecting the 3. 409-12-B-Ma05 enforcement of creditors ' rights generally and the applica- tion of equitable principles where equitable remedies are sought; (D) the District is not, in any respect mate- rial to the transactions contemplated herein, in breach of or default under any applicable law or administrative regu- lation of the State of California ( the "State" ) or the United States or any applicable judgment or decree or any loan agreement, note, resolution, agreement or other instru- ment to which the District is a party or to which it or its property is otherwise subject; and the execution and delivery of the Agreement, the Notes and this Purchase Con- tract, and compliance with the provisions thereof and of the Resolutions, will not conflict with or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreement, note resolution, agreement or other instrument to which the District is a party or to which it or its property is otherwise subject; (E) the Notes, when executed and delivered to the Underwriter in accordance with the Note Resolution and as provided herein, will represent valid limited obligations of the District entitled to the benefits of the Note Resolu- tion; (F) as of the time of acceptance hereof and as of the Closing, except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or, to the knowledge of the District, threatened against the District or its governing body seeking to prohibit, restrain or enjoin the issuance, sale or delivery of the Notes, or the collection and appli- cation of the revenues of the District contemplated by the Official Statement to be applied to the payment of the prin- cipal of, redemption premium, if any, and interest on the Notes, or in any way contesting or affecting the titles of its officers to their respective offices or the validity or enforceability of the Notes, the Resolutions, the Agreement or this Purchase Contract, or contesting in any way the completeness or accuracy of the Preliminary Official State- ment or the Official Statement, or the powers of the Dis- trict or any authority for the adoption of the Resolutions or the execution and delivery of the Agreement, the Notes or this Purchase Contract; (G) sale of the Notes to the Underwriter will not be subject to any transfer or other documentary stamp taxes of the State or any political subdivision thereof; 4. 409-12-B-Ma05 (H) the financial reports of the District, including its audited General Fund statement of revenues, expenditures and changes in Fund Balance for the years ended June 30, 1983 through June 30 , 1986, its 1986/87 annual budget, and the combined Balance Sheet for the District ' s General Fund, General Fixed Assets Fund and General Long Term Debt Fund for the years ending June 30, 1985 and June 30, 1986 , its Preliminary Balance Sheet and Preliminary Income Statement for the six months ended December 31 , 1986 , its Estimated Revenues and Estimated Debt Service Schedule through fiscal year 1996/97, and any other documents deliv- ered by it in accordance with the Note Resolution, copies of which have been made available to the Underwriter , are com- plete and accurate and fairly present the affairs and econo- mic condition of the District as at the dates of preparation thereof; ( I ) both at the time of acceptance hereof and at the Closing, except as disclosed in the Official State- ment, there shall not have been any material adverse change in the affairs or economic condition of the District; (J) no consent, approval, authorization or order of, or filing, registration or declaration with, any court or governmental agency or body which shall not have been obtained on or prior to Closing is required for the delivery or sale of the Notes or the consummation of the other transactions effected or contemplated herein or hereby or in the Official Statement, except for such actions as may be necessary to be taken to qualify the Notes for offer and sale under the Blue Sky or other securities laws and regu- lations of such states and jurisdictions of the United States as the Underwriter may designate; and (K) nothing has come to the attention of the District which would lead the District to believe that the Preliminary Official Statement, as of its date and at all times subsequent thereto up to and including the date hereof, and the Official Statement at the time of acceptance hereof and at all times subsequent thereto up to and includ- ing the date of the Closing, contain or will contain any untrue statement of a material fact or omit to state a mate- rial fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. Any certificate signed by an Authorized Officer of the District and delivered to the Underwriter or the Agent at or prior to the Closing shall be deemed a representation 5. 409-12-B-Ma05 and warranty by the District in connection with this Pur- chase Contract to the Underwriter or the Agent as to the statements made therein. Without the prior written consent of the Under- writer, the District shall take no action after the date hereof which would cause the Notes, the Resolutions and the Agreement not to conform in all material respects to the descriptions thereof contained in the Official Statement. 5 . The District shall furnish such information, execute such instruments and cooperate with the Underwriter as the Underwriter may reasonably request ( i ) to qualify the Notes for offer and sale under the Blue Sky or other securi- ties laws and regulations of such states and other juris- dictions of the United States as the Underwriter may desig- nate and ( ii ) to determine the eligibility of the Notes for investment under the laws of such states and other jurisdic- tions; provided that the District shall not be required to register as a dealer or broker in any jurisdiction or comply with any other requirements reasonably deemed by it to be unduly burdensome. 6 . At 9 :00 A.M. (California time) , on 1987, or at such other time or on such earlier or later business day as shall have been mutually agreed upon by the District and the Underwriter ( the "Closing" ) , (A) the Dis- trict shall deliver to the Underwriter at such place in New York, New York, as the Underwriter shall designate, the Notes in definitive form (all the Notes to be lithographed with steel-engraved borders) , duly executed and authenti- cated, (B) the District shall deliver to the Underwriter (and the Underwriter shall accept such delivery) at such place in San Francisco, California, as the Underwriter shall designate, the other documents hereinafter mentioned; and (C) the Underwriter will pay the purchase price thereof in immediately available funds. All locations designated as provided in the preceding sentence are subject to change by mutual agreement of the parties. The Notes shall be pre- pared and delivered as fully registered Notes without cou- pons in such denominations ( integral multiples of $5,000) and names as the Underwriter shall specify in writing to the Paying Agent at or before 5:00 P.M. (California time) , on the date which is five days before the Closing. The Notes shall be made available for checking and packaging at the office of the Agent one business day prior to the Closing. It is anticipated that CUSIP identification numbers will be printed on the Notes, but neither the failure to print such number on any Note nor any error with respect thereto shall constitute cause for a failure or refusal by the Underwriter 6. 409-12-B-Ma05 to accept delivery of the Notes and pay the purchase price in accordance with the terms of this Purchase Contract . Notwithstanding anything in this Section 6 to the contrary, the Underwriter may elect to take delivery of the Notes in temporary form at Closing. In such event , the Notes in definitive form shall be delivered within 10 days after Closing. 7 . The Underwriter has entered into this Purchase Contract in reliance upon the representations and warranties of the District contained herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of Closing. The Underwriter ' s obligations under this Purchase Contract are and shall be subject to the following further conditions as of the Clos- ing: (A) The representations and warranties of the District contained herein shall be true, complete and cor- rect in all material respects on and as of the date hereof and on and as of the Closing (as if made on and as of the Closing) ; the statements made in all Notes and other docu- ments delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material respects on and as of the date of Closing; and the District shall be in compliance with each of the agreements made by it in this Purchase Contract . (B) At the time of the Closing, ( i ) the Offi- cial Statement, this Purchase Contract, the Agreement and the Resolutions shall be in full force and effect and shall have not been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter or as is stated in the Official Statement; ( ii) the proceeds of the sale of the Notes shall be applied as described in the Official Statement; ( iii ) all actions which, in the opinion of Orrick, Herrington & Sutcliffe, San Francisco, California ( "Bond Counsel" ) , shall be necessary in connection with the transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; and ( iv) the District shall perform or have performed all of its obligations required under or specified in the Official Statement, this Purchase Contract, the Agreement and the Resolutions to be performed at or prior to the Closing. (C) No decision, ruling, proposed regulation or finding shall have been entered or promulgated by any court or governmental authority since the date of this Pur- chase Contract (and not reversed on appeal or otherwise set 7 . 409-12-B-Ma05 aside) which has any of the effects described in Section 4(F) hereof. (D) The Underwriter shall have the right to cancel its obligations to purchase the Notes, by written notice from the Underwriter to the District, if between the date hereof and the Closing: ( i ) any event shall occur which, in the reasonable judgment of the Underwriter , makes untrue any statement of a material fact set forth in the Preliminary Official Statement or the Official Statement or results in an omission to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading; or ( ii ) the mar- ket for the Notes or the market price of the Notes or the ability of the Underwriter to enforce contracts for the sale of the Notes shall have been materially and adversely affected, in the reasonable judgment of the Underwriter, by (a) legislation introduced in the Congress of the United States and referred to the Senate Finance Committee or the House Ways and Means Committee, or legislation enacted by the Congress of the United States, or passed by either House of the Congress or recommended by the President of the United States to the Congress for passage or favorably reported for passage to either House of Congress by any Committee of such House to which such legislation has been referred for consideration, or legislation enacted by the legislature of the State or a decision rendered by a court of the United States or the State or by the United States Tax Court, or a ruling, order , official statement in writing or regulation ( final, temporary or proposed) made by the Treasury Department of the United States or the Internal Revenue Service or other Federal or State authority, which may have the purpose or effect of changing, directly or indirectly, the Federal income tax consequences or State tax consequences of interest represented by obligations of the general character of the Notes in the hands of the holders thereof, (b) a war involving the United States shall have been declared, or any conflict involving the armed forces of the United States shall have escalated, or any other national emergency relating to the effective operation of government or the financial community shall have occurred which, in the Underwriter ' s reasonable opinion, materially adversely affects the market price of the Notes, or (c) a general suspension of trading on the New York Stock Exchange, or fixing of minimum or maximum prices for trading or maximum ranges for prices for securities on the New York Stock Exchange, whether by virtue of a determination by that Exchange or by order of the Securities and Exchange Commis- sion or any other governmental authority having jurisdic- tion, or (d) a general banking moratorium declared by either 8. 409-12-B-Ma05 Federal or New York or State authorities having jurisdic- tion. (E) At or prior to the Closing, the Under- writer shall receive the following documents, each dated on and as of the Closing date and satisfactory in form and substance to the Underwriter , its counsel and Bond Counsel : ( 1) An approving opinion of Bond Coun- sel, to the District, as to the Notes, substantially in the form included as Appendix C to the Official Statement accom- panied by an unqualified opinion of Bond Counsel dated the date of Closing and addressed to the Underwriter , to the effect that such opinion addressed to the District may be relied upon by the Underwriter with the same effect as if such opinion were addressed to it; ( 2) A supplemental opinion of Bond Coun- sel, addressed to the District and the Underwriter, to the effect that: ( i) the District has full legal right, power and authority to adopt the Resolutions and to execute and deliver the Agreement, the Notes and this Pur- chase Contract and to carry out the transactions contem- plated therein; and to authorize and cause the Agent to authenticate and deliver the Notes, the Agreement, the Pur- chase Contract and the Notes have been duly authorized, executed and delivered and represent valid, legal and bind- ing special obligations of the District enforceable against the District in accordance with their respective terms, except as enforceability thereof may be limited by the application of equitable principles, by applicable bank- ruptcy, insolvency or similar laws affecting the enforcement of creditors ' rights generally and by the exercise of judi- cial discretion; ( ii) under existing laws, the Notes may be offered and sold without registration under the Securities Act of 1933, as amended, and the Note Resolution is not required to be qualified under the Trust Indenture Act of 1939, as amended; and ( iii ) the sections of the Offi- cial Statement under the captions "Cover , " "Introduction, " "The Notes, " "Plan of Financing, " "Security, " "The Resolution, " "The Escrow Agreement, " "Estimated Tax Revenues and Note Retirement , " "Legal, " "Tax Exempt Status, " "Legality for Investment" and "Appendix C" have been reviewed by them and, insofar as such sections purport to summarize the documents or laws described therein 9. 409-12-B-Ma05 and the federal tax implications of the financing, present a fair and accurate summary of such documents or laws and such implications; ( 3 ) An opinion of the District ' s coun- sel, Stanley R. Norton, Esq. , Palo Alto, California, addressed to the Underwriter, to the effect that : ( i ) the District is an open space district, duly organized and validly existing under the Constitution and laws of the State; ( ii ) to the best of counsel ' s knowl- edge after reasonable investigation, the District is not, in any respect material to the transactions contemplated herein, in breach of or default under any applicable law or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, note, resolution, agreement or other instrument to which the District is a party or to which it or its property is other- wise subject; and the adoption of the Resolutions and the execution and delivery of the Agreement, the Notes and this Purchase Contract , and compliance with the provisions thereof, will not conflict with or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreement, note resolution, agreement or other instrument to which the District is a party or to which it or its property is otherwise subject; ( iii ) there is no action, suit, pro- ceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or , to the knowledge of the District, threatened against the Dis- trict or its governing body seeking to prohibit, restrain or enjoin the sale or delivery of the Notes, or the collection and application of the revenues or assets of the District contemplated by the Official Statement to be applied to the payment of the principal of, redemption premium, if any, and interest represented by the Notes, or the allocation of ad valorem taxes to the District in accordance with the Law, or in any way contesting or affecting the titles of its officers to their respective offices or the validity or enforceability of the Notes, the Resolutions, the Agreement or this Purchase Contract, or contesting in any way the completeness or accuracy of the Preliminary Official State- ment or the Official Statement, or the powers of the Dis- trict or any authority for the execution and delivery of the 10. 409-12-B-Ma05 Agreement, the Notes or this Purchase Contract or for the adoption of the Resolutions; ( iv) no consent, approval, authori- zation or order of, or filing, registration or declaration with, any court or governmental agency or body which shall not have been obtained on or prior to Closing is required for the delivery or sale of the Notes or the consummation of the other transactions effected or contemplated herein or hereby or in the Official Statement (except for such actions as may be necessary to be taken to qualify the Notes for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may designate, as to which counsel need not express an opinion) ; (v) counsel has no reason to believe that the Official Statement contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading (except that no opinion need be expressed with respect to the statistical and other finan- cial data included therein) ; and (vi) the information contained in the Official Statement under the captions "Introduction" , "The Notes" , "Plan of Financing" , "The District" , "Estimated Tax Revenues and Note Retirement" , "District Financial Information" and "Litigation" has been reviewed by counsel and, insofar as it constitutes conclusions of law, legal opinions or descriptions of legal documents, is correct; ( 4) An opinion of the Underwriter ' s counsel, Brobeck, Phleger & Harrison, San Francisco, Cali- fornia, and addressed to the Underwriter, to the effect that: ( i ) under existing laws, the Notes may be offered and sold without registration under the Securities Act of 1933, as amended, and the Note Resolution is not required to be qualified under the Trust Indenture Act of 1939, as amended; and ( ii) without having undertaken to determine independently the accuracy or completeness of the statements contained in the Official Statement, but on the basis of their conferences, held in connection with the preparation of the Official Statement, with the representa- tives of the District, Bond Counsel and the Underwriter ' s representatives and their examination of certain documents 11 . 409-12-B-Ma05 referred to in the Official Statement, nothing has come to their attention which would lead them to believe that the Official Statement (except for the financial and statistical data included therein, as to which they need not express an opinion) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; ( 5) An opinion of the Agent ' s counsel, Samuel Waldman, Esq. , San Anselmo, California, and addressed to the Underwriter, to the effect that : ( i ) the Agent is a duly created and lawfully existing banking corporation organized under the laws of the United States of America; ( ii ) the Agent has taken all corpor- ate action necessary to assume the duties and obligations of the Agent under the Note Resolution and to authorize in such capacity the authentication of the Notes and the execution and delivery of the Agreement; ( iii ) the Agent has full power, authority and legal right to execute and deliver the Agree- ment and to perform its obligations thereunder and under the Resolution, and, as paying agent, to authenticate and deliver the Notes; ( iv) the Agent has duly authorized the authentication of the Notes and the execution and deli- very of the Agreement, and the Agreement is the valid, legal and binding obligation of the Agent in its capacity as escrow agent and is enforceable in accordance with its terms; (v) all approvals, consents and orders of any governmental authority or agency having juris- diction in the matter which would constitute a condition precedent to the performance by the Agent of its duties and obligations under the Note Resolution and the Agreement have been obtained and are in full force and effect; and (vi ) no litigation is pending or , to the best of counsel ' s knowledge after reasonable investiga- tion, threatened in any way contesting or affecting the existence of powers ( including trust powers) of the Agent or the Agent ' s ability to fulfill its duties and obligations under the Note Resolution and the Agreement; 12. 409-12-B-Ma05 ( 6) A certificate, signed by the Presi- dent of the Board of the District, the General Manager of the District or other authorized official acceptable to the Underwriter (an "Authorized Officer" ) and by the Controller of the District, to the effect that : ( i ) the representations and war- ranties of the District herein are true and correct in all material respects on and as of the date of Closing; ( ii ) since June 30, 1986, and since March 1987, no material adverse change has occurred in the financial position or results of operations of the District, other than as disclosed in the Official Statement, and other than any increase of $ or less in the District ' s Accounts Payable, Accrued Liabilities or Long- Term Debt or any decrease of $ or less in the District ' s Fund Balance, in each case as compared with the amounts shown on the June 30, 1986 balance sheet included in Appendix A to the Official Statement, which increases or decreases, respectively, are not considered by the District to constitute a material adverse change; ( iii ) the information contained in the Official Statement provided by the District or its officers or employees is true, accurate and complete; and ( iv) the Official Statement does not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein in the light of the circumstances under which they were made, not misleading, and since the date of the Offi- cial Statement, no event has occurred which should be dis- closed in the Official Statement, for the purposes for which it is to be used, as a result of which the Official State- ment would include any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein not misleading; (7 ) A certificate, signed by an author- ized officer of the Agent, to the effect that : ( i ) the Agent is a national banking association with trust powers, is duly organized and validly existing under the laws of the United States of America, is duly qualified to do business in all jurisdictions, if any, where the nature of its operations as contemplated by the Note Resolution and the Agreement legally requires such qualification, and has the corporate power to take all action required of it under the Note Resolution, the Notes and the Agreement; 13 . 409-12-B-Ma05 ( ii ) the execution and delivery of the Agreement by the Agent, and the performance of the obligations of the Agent thereunder and under the Note Resolution have been duly authorized by all necessary corporate action, and under present law do not and will not contravene any law or governmental regulation or order presently binding on the Agent, or the charter or bylaws of the Agent, or to the best of such officer ' s knowledge, contravene any provision of or constitute a default under any indenture, contract or other instrument to which the Agent is a party, or by which the Agent or any of its assets is bound; ( iii ) the Agreement has been duly entered into and delivered by the Agent, and constitutes a legal , valid and binding agreement of the Agent, enforceable against the Agent in accordance with its terms, except as the enforceability thereof may be limited by applicable bankreuptcy, reorganization, debt arrangement, insolvency or other similar laws, or principles of equity, affecting the enforcement of creditors ' rights; ( iv) to the best of such officer ' s knowledge, no litigation is pending or threatened (either in state or federal courts) (a) to restrain or enjoin the exe- cution or delivery of any of the Notes or the collection or application of revenues or assets contemplated by the offi- cial Statement to be applied to the payment of the Notes, or (b) in any way contesting or affecting any authority for the execution, authentication or delivery of the Notes or the validity or enforceability of the Notes or the Agreement; (v) to the best of such officer ' s knowledge, no event affecting the Agent has occurred since the date of the Official Statement, which either makes untrue or incorrect in any material respect as of the date of such certificate the statements or information contained in the Official Statement or is not reflected in the Offi- cial Statement but should be reflected therein in order to make the statements and information therein not misleading in any material respect; and (vi ) the Notes have been duly authenticated by an authorized officer of the Agent, have been registered in the names of the owners thereof, and have been delivered to the Underwriter; (8) Fully executed copies of the Agree- ment, and a certified copy of the Resolutions; 14. 409-12-B-Ma05 (9 ) Proof of receipt of an investment grade rating on the Notes from Standard & Poor ' s Corporation or Moody' s Investors Service, Inc. ; ( 10) Letters dated the date hereof and the date of Closing of Deloitte Haskins + Sells, addressed to the Underwriter, confirming that they are independent accountants with respect to the District within the meaning of the Securities Act of 1933, as amended, and the applic- able published rules and regulations thereunder, and stating in effect that in their opinion, the financial statements included in the Official Statement comply as to form in all material respects with the applicable requirements of gener- ally accepted accounting principles, and consenting to inclusion of the audited financial statements and their accompanying opinion in the Official Statement; ( 11) A certificate of Ernst & Whinney verifying the mathematical calculations with regard to the defeasance of the Refunded Notes and the investment of the proceeds of the Notes; and ( 12) Such additional legal opinions, cer- tificates ( including the requisite no-arbitrage certificate of the District) , proceedings, instruments and other docu- ments as the Underwriter , its counsel or Bond Counsel may reasonably request to evidence ( i) compliance with legal requirements relating to the issuance of the Notes, ( ii ) the truth and accuracy, on and as of the time of Closing, of the representations and warranties of the District herein con- tained and of the Official Statement, ( iii ) the due perform- ance or satisfaction by District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by District, and ( iv) the defeasance of the Refunded Notes. If the District shall be unable to satisfy the conditions to the Underwriter ' s obligations contained in this Purchase Contract or if the Underwriter ' s obligations shall be terminated for any reason permitted by this Pur- chase Contract, this Purchase Contract shall terminate and neither the District nor the Underwriter shall have any further obligations hereunder . 8. After the Closing and during the shorter of ( i ) the period during which the Underwriter is offering Notes which constitute the whole or a part of its unsold participation or ( ii ) the period ending 90 days after the Closing, (a) the District shall not adopt any amendment of or supplement to the Official Statement to which, after having been furnished with a copy, the Underwriter shall 15. 409-12-B-Ma05 object in writing or which shall be disapproved by counsel for the Underwriter and (b) if any event relating to or affecting the District shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Offi- cial Statement not misleading in the light of the circum- stances existing at the time it is delivered to a purchaser, the District shall forthwith prepare and furnish to the Underwriter a reasonable number of copies of an amendment of or supplement to the Official Statement ( in form and sub- stance satisfactory to the Underwriter ) which shall amend or supplement the Official Statement so that it shall not con- tain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. The District shall promptly notify the Under- writer of the occurrence of any event which, in its opinion, is an event described in clause (b) above. 9. (A) Whether or not the Underwriter accepts delivery of and pays for the Notes as set forth herein, it shall be under no obligation to pay, and the District shall pay or cause to be paid (out of the proceeds of the Notes) , the following expenses incident to the performance of the District ' s obligations hereunder, including but not limited to the costs of printing, engraving and delivering the Notes to the Underwriter; the cost of preparation, printing (and/or word processing and reproduction) , distribution and delivery of the Note Resolution, the Agreement, and all other agreements and documents contemplated hereby and drafts of any thereof in reasonable quantities as requested by the Underwriter ; the fees and disbursements of the Agent, Bond Counsel, accountants, financial advisers and any other experts or consultants retained in connection with the Notes; any fees charged by the rating agencies for rating the Notes; and any other expenses not specifically enumer- ated in the immediately following paragraph of this Section incurred in connection with the issuance of the Notes. (B) Whether or not the Notes are delivered to the Underwriter as set forth herein, the District shall be under no obligation to pay, and the Underwriter shall pay, the cost of preparation, printing (and/or word processing and reproduction) , distribution and delivery of the Prelimi- nary Official Statement, the Official Statement, the Blue Sky memoranda and this Purchase Contract; expenses to qual- ify the Notes for sale under any Blue Sky laws; any fee of the California Debt Advisory Commission; and all other expenses incurred by the underwriter in connection with its public offering and distribution of the Notes not specifi- 16. 409-12-B-Ma05 cally enumerated in paragraph (A) of this Section, including the fees and disbursements of its counsel. 10. Any notice or other communication to be given to the District under this Purchase Contract may be given by delivering the same in writing to the Midpeninsula Regional Open Space District , Old Mill Office Center , Building C, Suite 135, 201 San Antonio Circle, Mountain View, California 94040, and any notice or other communication to be given to the Underwriter under this Purchase Contract may be given by delivering the same in writing to Prudential-Bache Securi- ties Inc. , One Embarcadero Center , Suite 2202, San Francisco, California 94111, attention: Douglas L. Charchenko, First Vice President. The approval of the Underwriter when required hereunder or the determination of its satisfaction as to any document referred to herein shall be in writing signed by the Underwriter and delivered to the District. 11. This Purchase Contract when accepted by the District in writing as heretofore specified shall constitute the entire agreement between the parties and is made solely for the benefit of the District and the Underwriter ( includ- ing the successors or assigns of the District or the Under- writer) . No other person shall acquire or have any right hereunder or by virtue hereof. 12. All the District ' s representations, warranties and agreements in this Purchase Contract shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter , (b) delivery of and payment by the Underwriter for the Notes hereunder, and (c) any termination of this Purchase Con- tract. 13. This Purchase Contract shall be governed by the law of the State of California. 17 . 409-12-B-Ma05 i 14 . This Purchase Contract shall become effective upon the execution of the acceptance hereof by the District . Very truly yours, PRUDENTIAL-BACHE SECURITIES INC. By First Vice President Accepted on March , 1987 . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By [Seal ] President of the Board of Directors Attest: By Secretary of the Board of Directors 18. 409-12-B-Ma05 ESCROW AGREEMENT by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT and SEATTLE-FIRST NATIONAL BANK Dated as of April 1, 1987 i RELATING TO THE MIDPENINSULA RE GIONAL OPEN SPACE DISTRICT 1982 NEGOTIABLE PROMISSORY NOTES, THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1985 PROMISSORY NOTES AND THE MIDPENINSULA OPEN SPACE DISTRICT 1986 PROMISSORY NOTES 7904f ESCROW AGREEMENT This ESCROW AGREEMENT (the "Agreement" ) , dated as of April 1, 1987, by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, an open space district duly organized and existing under the laws of the State of California (the "District" ) , and SEATTLE-FIRST NATIONAL BANK, a national banking association duly organized and existing under the laws of the United States of America and having a principal corporate trust office in Seattle, Washington, and being qualified to accept and administer the trust hereby created (the "Escrow Agent" ) ; WITNESSETH: WHEREAS, the Board of Directors of the District on December 8, 1982, duly adopted Resolution No. 82-56 providing for the issuance and sale of $6, 000,000 principal amount of its 1982 Negotiable Promissory Notes, and on February 13, 1985, duly adopted Resolution No. 85-8 providing for the issuance and sale of $4, 000, 000 principal amount of its 1985 Promissory Notes and on June 13, 1986, duly adopted Resolution No. 86-36 providing for the issuance and sale of $9, 500,000 principal amount of its 1986 Promissory Notes (which Resolution No, 82-56, Resolution No 85-8 and Resolution No 86/36 are collectively the "Prior Resolutions, " and which 1982 Negotiable Promissory Notes, 1985 Promissory Notes and 1986 Promissory Notes are collectively the "Prior Notes" ) ; and 7904f WHEREAS, the District has determined that it would be in the best interests of the District and the residents of the District to refund the outstanding Prior Notes; and WHEREAS, the Board of Directors of the District on March 11 1987 d "my adopted Resolution No. 87-09 (the 1987 Resolution") providing for the issuance of $21,200, 000 principal amount of its 1987 Promissory Notes (the "1987 Notes" ) for the purpose, among others, of refunding the outstanding Prior Notes; and WHEREAS, the District has taken action to cause to be delivered to the Escrow Agent for deposit in the Escrow Fund hereinafter referred to certain securities (the "Escrow Securities" ) listed on Schedule Z attached hereto and made a part hereof in an aggregate principal amount which, together with the money deposited in the Escrow Fund hereinafter referred to at the same time as such deposit and the income to accrue on such securities, will, as certified by Ernst & Whinney, certified public accountants, be sufficient to pay the principal of the outstanding Prior Notes as and when they respectively become due, together with the payment of accrued interest thereon; and WHEREAS, the provisions of the Prior Resolutions are incorporated herein by reference as if set forth herein in full- NOW, THEREFORE, the District and the Escrow Agent hereby agree as follows: 2 7904f Section 1 . Establishment and Maintenance of Escrow Fund. The Escrow Agent agrees to to and maintain the Escrow Fund (the "Escrow Fund" ) until the Prior Notes have been retired, and, except as provided in Sections 2 and 3 hereof, to hold the Escrow Securities in the Escrow Fund and the money (whether constituting the initial deposit in the Escrow Fund or constituting receipts on the Escrow Securities) in the Escrow Fund at all times as a separate trust account wholly segregated from all other securities, investments or money held by it. All securities and money in the Escrow Fund are hereby irrevocably pledged, subject to the provisions of Sections 2 and 3 hereof, to secure the payment of the Prior Notes as provided in Section 4 hereof; provided, that any money held in the Escrow Fund that is not used for- the payment of the interest or redemption premium on or principal of the Prior Notes in accordance with the Prior Resolutions shall, upon the final maturity date of the Prior Notes or, in the case of the 1986 Promissory Notes, the first redemption date, be repaid to the District free from the trust created by the Agreement. Section 2 . Investment of Money in the Escrow Fund. The Escrow Agent shall, without further directions_ einvest the amounts coming due on the respective Purchase Dates to the next related Maturity Dates (as those terms are referred to and shown in the attached Schedule II ) in United States Treasury Obligations State and Local Government Series 3 7904f ti ( 'SLGS" ) with an interest rate of 0%. If amounts of interest on or repayments of principal of the Escrow Securities in excess of the amount needed for such reinvestments are received by the Escrow Agent prior to the date on which such receipts are to be applied (pursuant to Section 4 hereof) to the payment of the interest on and principal of the Prior Notes, the Escrow Agent shall, upon the written request of the District, invest such receipts until the next interest or principal payment on the Prior Notes in direct obligations of the United States of America, or obligations the payment of the principal of and interest on which is guaranteed by a pledge of the full faith and credit of the United States with a quoted yield to maturity no greater than % or, if such reinvestment is not feasible, shall retain such funds uninvested. Any receipts on investments made pursuant to this section in excess of the cost of such investments, which are not needed to pay principal or redemption price of or interest on the Prior Notes, shall be remitted to the District free from the trust created by the Agreement. The Escrow Agent shall not be liable or responsible for any loss resulting from any investment made pursuant to this section and in full compliance with the provisions hereof. Section 3 . Substitution of Securities in the Escrow Fund. Upon telephonic (confirmed in writing) or written request of the District, and after receiving from the District an unqualified opinion of a nationally recognized bond counsel 4 7904f that such substitution will not cause the 1987 Notes to be "arbitrage bonds" as defined in Section 148 of the Internal Revenue Code of 1986, as amended, and the regulations of the United States Department of the Treasury issued thereunder, and will not result in the breach of any covenant of the District contained in the Prior Resolutions, and after receiving from the District a written report of a nationally recognized firm of independent certified public accountants to the effect that the substitute securities will mature in such principal amounts and earn interest in such amounts and at such times so that sufficient money will be available to pay the principal or redemption price of the outstanding Prior Notes as and when they respectively become due, together with the payment of accrued interest thereon, the Escrow Agent shall sell, redeem or otherwise dispose of any securities in the Escrow Fund if, but only if, there are substituted therefor, from the proceeds of such securities, other direct obligations of the United States of America or obligations the payment of the principal of and interest on which is guaranteed by a pledge of the full faith and credit of the United States of America. Any proceeds of the sale., redemption or other disposition of such securities in the Escrow Fund not needed for the foregoing substitution purpose shall be remitted to the District free from the trust created by the Agreement. The Escrow Agent shall not be liable or responsible for any loss resulting from any investment made 7904f I pursuant to this section and in full compliance with the provisions hereof. Section 4. Payment from the Escrow Fund. The Escrow Agent is hereby irrevocably instructed to, and the Escrow Agent hereby agrees to, collect and deposit in the Escrow Fund the principal of and interest on all Escrow Securities held in the Escrow Fund promptly as such P P Yprincipal and interest become due, and to transfer such principal and interest, together with any other money and the principal of and interest on any other securities deposited in the Escrow Fund, to First Interstate Bank of California, as paying agent under the Prior Resolutions, for use for the payment of the principal of the outstanding Prior Notes as and when they i respectively become due, together with the payment- of accrued interest thereon, at the times and places and in the manner stipulated in the Prior Notes and in the Prior Resolutions and, with respect to the 1986 Promissory Notes to redeem such Notes in full on December 15, 1991, the first redemption date thereof. Section 5 . Deficiencies in the Escrow Fund. If at any time it shall appear to the District that the money in the Escrow Fund, including the anticipated proceeds of the Escrow Securities, will not be sufficient to make all payments required by Section 4 hereof, the District shall notify the Escrow Agent in writing as soon as reasonably practicable of such fact, stating the amount of such deficiency and the 6 7904f reason therefor, and the District shall use its best efforts to obtain and deposit with the Escrow Agent for deposit in the Escrow Fund, from any legally available moneys, such additional money as may be required to pay the principal of the outstanding Prior Notes as and when they respectively become due, together with the payment of accrued interest thereon. The Escrow Agent shall in no event or manner be responsible for the failure of the District to make any such deposit. Section 6. Compensation and Indemnification of the Escrow Agent. (a) The District shall pay the Escrow Agent a one-time fee of $3, 300. 00 for its services hereunder and shall reimburse the Escrow Agent for its out-of-pocket expenses (including but not limited to the fees and expenses, if any, of its counsel or accountants) incurred by the Escrow Agent in connection with these services; provided, that these fees and expenses shall in no event be deducted from the Escrow Fund, and provided further, that such fees and expenses shall not include the fees of the a paying agent under the 1987 Resolution. i (b) The District agrees to indemnify the Escrow Agent, its agents and its officers or employees for, and hold the Escrow Agent, its agents and its officers or employees harmless from, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements of any kind (including, without limitation, 7 7904f i reasonable fees and disbursements of counsel or accountants for the Escrow Agent) which may be imposed on, incurred by, or asserted against the Escrow Agent or such other party at any time by reason of its performance of Escrow Agent' s services, in any transaction arising out of the Agreement or any of the transactions contemplated herein, unless due to the negligence or willful misconduct of the particular indemnified party. Section 7 . Functions of the Escrow Agent. (a) The Escrow Agent undertakes to perform only such duties as are expressly and specifically set forth in the Agreement and no implied duties or obligations shall be read into the Agreement against the Escrow Agent. (b) The Escrow Agent may conclusively rely, as to r the truth of the statements and the correctness of- the opinions expressed therein, and shall be protected and indemnified as stated in the Agreement, in acting, or refraining from acting, upon any written notice, instruction, request, certificate, document, report or opinion furnished to the Escrow Agent and reasonably believed by the Escrow Agent to have been signed or presented by the proper party, and it need not investigate any fact or matter stated in such notice, instruction, request, certificate, document, report or opinion. (c) The Escrow Agent shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Agent be liable for an special, indirect or conseq uential Y P qu al damages, 8 7904f even if parties know of the possibility of such damages. The Escrow Agent shall have no duty or responsibility under the Agreement in the case of any default in the performance of covenants or agreements contained in the 1987 Resolution or in the case of the receipt of any written demand with respect to such default. The Escrow Agent is not required to resolve conflicting demands to money or property in its possession under the Agreement. (d) The Escrow Agent may consult with counsel of its own choice (which may be counsel to the District) and the opinion of such counsel shall be full and complete authorization to take or suffer in good faith any action in accordance with such opinion of counsel . (e) The Escrow Agent shall not be responsible for any of the recitals or representations contained herein, in the 1987 Resolution or in the 1987 Notes. (f) The Escrow Agent may become the owner of, or acquire any interest in, any of the 1987 Notes with the same rights that it would have if it were not the Escrow Agent, and may engage or be interested in any financial or other -transaction with the District. (g) The Escrow Agent shall not be liable for the accuracy of the calculations as to the sufficiency of the Escrow Securities and moneys to pay the principal and interest on the Prior Notes. 9 7904f (h) The Escrow Agent shall not be liable for any action or omission of the District under the Agreement, the Prior Resolutions, the 1987 Resolution or otherwise. (i ) Whenever in the administration of the trust of the Agreement the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or willful misconduct on the part of the Escrow Agent, be deemed to be conclusively proved and established by a certificate of an authorized representative of the District, and such certificate shall, in the absence of negligence or willful misconduct on the part of the Escrow Agent, be full warrant to the Escrow Agent for any action taken or suffered by it under the provisions of the Agreement upon the faith thereof. (j ) The Escrow Agent may at any time resign by giving written notice to the District and the paying agent under the Prior Resolutions of such resignation. The District shall promptly appoint a successor Escrow Agent by the resignation date. Resignation of the Escrow Agent will be effective sixty (60) days after notice of the resignation is given as stated above or upon appointment of a successor Escrow Agent, whichever first occurs. If the District does not appoint a successor Escrow Agent by the resignation effective date, the resigning Escrow Agent may petition any 10 7904f court of competent jurisdiction for the appointment of a successor Escrow Agent (or may deposit with the court the Escrow Securities and money or other property held by it in trust under the Agreement) , which court may thereupon, after such notice, if any, as it may deem proper and prescribe and as may be required by law, appoint a successor Escrow Agent. After receiving a notice of resignation of an Escrow Agent, the District may appoint a temporary Escrow Agent to replace the resigning Escrow Agent until the District appoints a successor Escrow Agent. Any such temporary Escrow Agent so appointed by the District shall immediately and without further act be superseded by the successor Escrow Agent so appointed. (k) The Escrow Agent will provide the District with annual statements of the account maintained hereunder. Section 8. Notices. All notices and communications hereunder shall be in writing and shall be deemed to be duly given if received or sent by first class mail, as follows: If to the District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Attention: General Manager If to the Escrow Agent: Seattle-First National Bank 1001 Fourth Avenue, 11th Floor Seattle, Washington 98154 Attention: Bond Trustee Services 11 7904f e, If to the Paying Agent of the Prior Notes: First Interstate Bank of California 405 Montgomery Street San Francisco, California 94104 Attention: Corporate Trust Department Section 9. Severabilit an If v. y section, paragraph, sentence, clause or provision of the Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of the Agreement. Section 10. Execution. The Agreement may be i executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same agreement. IN WITNESS WHEREOF, the District and the Escrow Agent have caused the Agreement to be executed each on its behalf as of the day and year first above written. I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT l By President of the Board of Directors [ SEAL] Attest: Secretary of the Board of Directors SEATTLE-FIRST NATIONAL BANK By Assistant Vice President 12 7904f I I r SCHEDULE I Escrow Securities Discount Type Maturity Coupon Rate Par Amount j i 7904f i t; SCHEDULE II Required Reinvestments in SLGS Purchase Maturity Principal Interest Date Date Amount Rate II-1 7904f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-11 A Resolution of the Board of Directors of the Mid peninsula Regional Open Space District Authorizing the Execution of an Agreement with Seattle-First National Bank Relating to $21,200, 000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes Adopted March 11, 1987 7914f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 87-11 A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution of an Agreement with Seattle-First National Bank Relating to $21,200, 000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District (the "District" ) has duly authorized $21,200, 000 principal amount of Midpeninsula Regional Open Space District 1987 Promissory Notes (the "Notes" ) ; and WHEREAS, in connection with the issuance and sale of the Notes this Board of Directors desires to use the services of an experienced bank as the paying agent, registrar and transfer agent for the Notes; and WHEREAS, Seattle-First National Bank (the "Bank" ) has such experience and has proposed to perform such services on the terms and conditions set forth in the proposed contract 7914f attached hereto, labeled Exhibit A and incorporated herein (the "Contract" ) ; and WHEREAS, this Board of Directors approves the terms of the Contract; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. The Contract between the District and the Bank in substantially the form now on file with the Secretary of the Board of Directors of the District is hereby approved by the District, and the President of the District is hereby authorized to execute the Contract on behalf of the District with such changes therein as such officer may approve, such approval to be conclusively evidenced by the execution and delivery thereof. 2 7914f Section 2 . This resolution shall take effect from and after its passage and approval . PASSED AND ADOPTED on March 11, 1987, by the following vote: AYES: Directors NOES: ABSENT: Approved:pp ved: President of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) Attest: Secretary of the Board of Directors of the Midpeninsula Regional Open Space District 3 7914f SECRETARY' S CERTIFICATE I , Ernestine V. Henshaw, Secretary of the Board of Directors of the Midpeninsula Regional Open Space District, hereby certify as follows: The foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District duly and regularly and legally held at the regular meeting place thereof on March 11, 1987, of which meeting all the members of said Board of Directors had due notice and at which two-thirds thereof was present. At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: I have carefully compared the same with the original minutes of said meeting on file and of record in my office and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and said original resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: March _, 1987 (Seal) Secretary of the Board of Directors of the Midpeninsula Regional Open Space District 7914f PRELIMINARY OFFICIAL STATEMENT DATED MARCH 4, 1987 0 w NEW ISSUE Standard and Poor's: _ ., o (See "Rating" herein) = In the opinion of Orrick,Herrington& Sutcliffe,bond counsel,based on existing laws,regulations,rulings, and court decisions, interest on the 1987 Notes is exempt from present California personal income taxes, and cc q 3 assuming compliance with certain covenants contained in the Resolution,interest on the Notes is excluded from q° gross income for federal income tax purposes.See 'Tax Exemption"herein. a °o $2192009000 1987 PROMISSORY NOTES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (Santa Clara and San Mateo Counties, California) a Dated: April 1, 1987 Due: March 1, as shown below .c The 1987 Notes are being issued for the purposes of advance refunding and defeasing the outstanding 1982 Q Negotiable Promissory Notes and the outstanding 1985 and 1986 Promissory Notes of the District, prepaying certain land sale indebtedness of the District and acquiring lands and facilities within the District to preserve and 0 use as open space. 3 a c The 1987 Notes will be issued only as fully registered notes in the denomination of$5,000 or any integral a .2•2 multiple thereof(not exceeding the principal amount of 1987 Notes maturing in any one year). Principal of the y1987 Notes will be payable at the principal corporate trust office of the Paying Agent, Seattle-First National 9 Bank, in Seattle, Washington. The Notes will bear interest from the date thereof payable semiannually on March 1 and September 1 of each year commencing September 1, 1987,by check mailed to the registered owners "o h thereof. The 1987 Notes are limited obligations of the District payable from limited ad valorem property taxes levied a o upon all taxable property within the District by the Board of Supervisors of Santa Clara County and by the Board o3 of Supervisors of San Mateo County,and allocated to the District under applicable law,and from any other funds g 8 .4 legally available therefor. The full faith and credit or taxing power of the District is not pledged A for the payment of the 1987 Notes, and the 1987 Notes are not secured by a legal or equitable pledge of, or charge, lien or encumbrance on, any property of the District or any q of its income or revenue. The 1987 Notes are not a debt of the State of California or any oof its political subdivisions, other than the District, and neither the State nor any of its Z >b political subdivisions, other than the District, is liable therefor, nor in any event shall the y 1987 Notes be payable out of any funds or properties other than those of the District as set a o o forth in the Resolution of Issuance of the 1987 Notes. a w The 1987 Notes maturing on or after March 1, 1994,are subject to optional redemption prior to maturity on o and after March 1, 1993,in whole on any date or in part on any interest payment date in inverse order of maturity. a y Q See"Optional Redemption" herein. a MATURITY SCHEDULE AND INTEREST RATES Due Interest Yield Due Interest Yield y March Amount Rate or Price March Amount Rate or Price ; S 1991 $2,560,000 % $ 1995 $3,170,000 % $ a 0.0 1992 2,695,000 1996 3,360,000 E a 1993 2,840,000 1997 3,575,000 5 1994 3,000,000 � yit c The 1987 Notes are offered when, as,and if issued,subject to the approval of legality by Orrick,Herrington o & Sutcliffe, San Francisco, California. Certain legal matters will be passed upon for the District by its General o a Counsel, Stanley R. Norton, Esq., Palo Alto, California, and for the Underwriter by Brobeck, Phleger & o Harrison, San Francisco, California. It is expected that the 1987 Notes in definitive form will be available for a 3 delivery in New York,New York,on or about April 1, 1987. aV) a 0 Prudential-Bache Capital Funding � O y Dated: I MROSD SPHERE OF INFLUENCE SAN MATED 92 SAN BELMONT FRANCISCO �VE Wil �jlr, 1��L Refuge �G��D�i RP ory BAY MIDPENINSULA REGIONAL OPEN SPACE DISTRICT carsur SAN JANUARY,1987 sRRnvcs f�-' aeseavorR CARLOS HASSLER `Qw P 101 qq` 1 woo RAVENSWOODSan - 1 REDWOOD CITY ■ Water Francisco wootl F< EAST Wate shetl Lands �' i Al rk m PALO ALTO--- PU ISIMA CREE o a ■ REOWDO o ATHERTON 1 MROSD BOUNDARY 4� 4s PALO ALTO Bayladr :,� .. �`Cs aFtie9pr ,. p os� ck MENLO or line Fy PARK cw EL CORTE WOODSIDE ° Pa'k STEVENS CREEK ac DE MADERA - NATURE STUDY AREA CREEK Wunder Sunnyvale Baylands ark Par (Proposed) MOUNTAIN VALLEY,$ P f VIEW A q VALLEY qc o 0 EWO °9 Arast dero A LOS a y Pr Ne ALTOS o HILLS f LOS .` LA H RDA WINDY HILL ALTOS O % i CREEK F FOOTHILLS F# SUNNYVALE 1 r po r 280 85 COAL ; OUVENECK RANCHO SAN AN ONTO M ROSD SPHERE OF INFLUENCE —�MT.MELVILLE AREA CREED;, IOMILL r7 j LOS 'TURF d..l C casr aEr RUSSAN RIOG MONTE BELLO Rancho San UPERTINO Sam MCDoneld GE MILL RD. Antonio Park" � Park 1 EA (I r,MOAT ,ca�El KY IN I RRosREcr OGE 1 '�.. PIRHE RANCH FREMONT? P San Mateo ■ LONG - OLDER o k Memorial Park 1 RID pAATO "eetz 1 ,, GAP e'g L + c°tiss N°2 e9 SARATOGA sr�COS NEAR WAY Va-,a.ake Castle flock Villa MoRlalvo F— Park A,borelum Sanborn ^° ———--------- Park IM rE SEREND e°rFb �`bor no LOS GATOS boy LOS GATOS CREEK PARK KENNEDY RD. 1 35 AREA BRIGG3 m� �'� CREEK LIM RA AZUL , CANY S VOI 1 O /■ NORTH s ` SCALE IN MILES 17 ■ DISTRICT PRESERVES MT.U UM 1 Other Public Lands MROSD BOUNDARY 1 a ' Gam, 1 M ROSD SPHE RE OF INFLUENCE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Santa Clara and San Mateo Counties, California Board of Directors Richard S. Bishop, San Carlos - President Katherine M. Duffy, Saratoga - Vice President Edward G. Shelley, Mountain View Treasurer Ernestine U. Henshaw, Sunnyvale Secretary Daniel G. Wendin, Los Altos - Director Nonette G. Hanko, Palo Alto - Director Gerry B. Andeen, Menlo Park - Director District Staff Herbert Grench - General Manager L. Craig Britton - Land Acquisition Manager Michael L. Foster - Controller il SPECIAL SERVICES if General Counsel Stanley R. Norton, Palo Alto, California Bond Counsel Orrick, Herrington & Sutcliffe, San Francisco, California Paying AWnt, Registrar, Transfer Agent and Escrow Acffln Seattle-First National Bank, Seattle, Washington No dealer, broker, salesperson or other person has been authorized by the District or the Underwriter to an give or to make representations g Y P other than those contained herein and, if given or made, such other information or representation must not be relied upon as having been authorized by the District or the Underwriter. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the 1987 Notes by any person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitation or sale. This Official Statement is not to be construed as a contract with the purchasers of the 1987 Notes. Statements contained in this Official Statement which involve estimates, forecasts, projections or matters of opinion, whether or not expressly so described herein, are intended solely as such and are not to be construed as a representation of facts. The information set forth herein has been obtained from the District and from other sources which are believed to be reliable, but it is not guaranteed as to accuracy or completeness, and is not to be construed as a representation by the Underwriter. The information and expressions of opinion herein are subject to change without notice and neither delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the District or the Counties since the date hereof. The information herein has been reviewed by appropriate officials of the District as to accuracy and completeness, and the District has adopted this Official Statement in connection with the 1987 Notes herein being offered pursuant to Resolution No. 87-09 adopted by the District's Board of Directors on March 11, 1987. The law firm of Orrick, Herrington & Sutcliffe serv es as Bond Counsel to the District in connection with the issuance of the 1987 Notes. Bond Counsel's fees for services are in part contingent upon delivery of the 1987 Notes. All of the following summaries of said Resolution No. 87-09 and other 1 documents are made subject to the provisions of such documents respectively, and do not purport to be complete statements of any or all of such provisions. Reference is hereby made to such documents on file with the District for further information in connection therewith. . I (ii) I OFFICIAL STATEMENT ICI i I I $21,200,000 III 1987 PROMISSORY NOTES MIDPENINS LA REGIONAL OPEN SPACE DISTRICT 'A (Santa Clara and San Mateo Counties, California) INTRODUCTION I' I This Official Statement, including the cover page and the appendices hereto (the "Official Statement") is provided to furnish information in connection with sale of the $21,200,000 aggregate principal amount of Midpeninsula Regional Open Space District 1987 Promissory Notes (the "1987 Notes") being issued pursuant to Resolution No. 87-09 (the "Resolution") expected to be adopted by the Board of Directors of the Midpeninsula Regional Open Space District (the "District") on March 11, f 1987. The 1987 Notes are being issued in accordance with the provisions of the Public Resources Code of the State of California, as amended and supplemented, for the purposes of acquiring lands and facilities to preserve and use as open space within the District, refunding the 1982 Negotiable Promissory Notes (the "1982 Notes") and the 1985 and 1986 Ij Promissory Notes (the "1985 Notes" and the "1986 Notes" respectively) of the District and prepaying certain land contract notes (the "Prepaid Notes") of the District. The District, which was established by the voters in 1972, includes approximately 330 square miles of land within Santa Clara County and San Mateo County (collectively, the "Counties") on the peninsula south of San Francisco, California. The population of the District is approximately 579,000. District policies are the responsibility of a seven member Board of Directors elected from seven wards within the District. The 1987 Notes are limited obligations of the District payable from limited ad valorem property taxes levied upon all taxable property within �I 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, and from any other funds legally available therefor. The full faith and credit or taxing power of the District is not pledged for the payment of the 1987 Notes, and the 1987 Notes are not secured by a legal or equitable pledge of, or charge, lien or encumbrance on, any property of the District or any of its income or revenue. The District has other outstanding indebtedness payable from property taxes and may issue additional obligations on a parity with the 1987 Notes upon the satisfaction of certain conditions precedent. See "District Financial Information" and "The Resolution" herein. r -1- I The proceeds from issuance of the 1987 Notes will be used to prepay or refund approximately $17.3 million aggregate principal amount of the District's indebtedness, including all of the $16.3 million aggregate j principal amount outstanding of the 1982 Notes, the 1985 Notes and the 1986 Notes, and to acquire additional lands for open space. See "Disposition of Note Proceeds" herein. The 1982 Notes, the 1985 Notes and the 1986 Notes are sometimes referred to herein as the "Refunded Notes". r� During the fiscal year 1987/88, the District anticipates revenues available to pay debt service of approximately $7.08 million, which together with certain other available revenues would be approximately 3.65 times 1987/88 debt service on the District's outstanding non-subordinated indebtedness, including the 1987 Notes being offered herein and excluding the Refunded Notes and the Prepaid Notes being prepaid or refunded from the proceeds of the 1987 Notes. The debt service coverage ratio in 1988/89 is estimated to be approximately 4.14. See "Estimated Tax Revenues and Note Retirement" herein. The amount of property tax revenues allocated to the District is primarily a function of the assessed value of properties in the tax code areas comprising the District and the rates at which such properties are taxed by the Counties. The reduction of assessed values of taxable property in the District caused by economic factors beyond the District's control, or the complete or partial destruction of such property, or a ' change in the property tax rates or in the property tax allocation formula established by California law could cause a reduction in the tax revenues of the District. Such reduction of tax revenues could have an adverse effect on the District's ability to make timely payments of principal of, premium, if any, and interest on the 1987 Notes. Likewise, delinquencies in the payment of property taxes could have an adverse effect on the District's ability to make timely debt service payments. With the exception of the audited financial statement of the District for the year ended June 30, 1986, contained in Appendix A, the financial and statistical information contained herein has been obtained from the records of the District and from certain other sources. Such financial information has not been audited or reviewed by the independent auditors for the District. There is no assurance that the numbers contained in the 1986/87 budget of the District or the financial projections contained herein will be met, or that the assumptions on which such projections were made will conform to actual experience. If actual experience should (. deviate significantly from the assumptions upon which such projections were made, the moneys available to the District for the payment of the principal of, premium, if any, and interest on the 1987 Notes may be insufficient to make such payments. 1 �I -2- i { I i i i [This Page Intentionally Left Blank] i II �I i ' I I 4 i i I I 1 TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . 1 DISTRICT FINANCIAL INFORMATION 21 THE NOTES , , , 3 Method of Accounting . . . . . 21 Authority for Issuance 3 District Financial Statements . 21 Description of the Notes . . . 3 Debt Capacity . . . . . . . . . 24 Optional Redemption . . . . . . 3 Sources of Funds . . . . . . . 24 Note Transfer and Exchange . . 4 Major Uses of Funds . . . . . . 24 PLAN OF FINANCING . . . . . . . . 4 Gann Initiative . . . . . . . . 25 1982 Notes . . . . . . . . . . 4 Other Outstanding Debt . . . . 25 1985 Notes . . . . . . . . . . 5 Salaries and Benefits . . . . . 28 1986 Notes . . . . . . . . . . 5 LEGAL . . . . . . . . . . . . . . 28 Refunding Plan . . . . . . . . 5 TAX EXEMPT STATUS . . . . . . . . 29 Prepaid Notes . . . . . . . . . 6 LEGALITY FOR INVESTMENT . . . . . 29 The Project . . . . . . . . . . 6 RATING . . . . . . . . . . . . . . 30 DISPOSITION OF NOTE PROCEEDS AND LITIGATION . . . . . . . . . . . . 30 PROJECTED SOURCES AND USES . . 6 UNDERWRITING . . . . . . . . . . . 30 SECURITY . . . . . . . . . 7 VERIFICATION . 31 THE RESOLUTION . . . . . . . . . . . . . . . . . .8 MISCELLANEOUS 31 Flow of Funds . . . . . . . . . 8 Note Fund . . . . . . . . . . . 8 APPENDIX A: Reserve Fund . . . . . . . . . 9 District's Audited Financial Refunding Fund . . . . . . . . 9 Statements for the Year Ended Acquisition Fund . . . . . . . 10 June 30, 1986 Investment of Moneys in the Funds and Accounts . . . . . 10 APPENDIX B: Covenants and Additional Debt . 10 GENERAL AND ECONOMIC INFORMATION THE ESCROW AGREEMENT . . . . . . 11 SANTA CLARA COUNTY AND SAN MATEO THE DISTRICT . . . . . . . . . . 12 COUNTY Location and Size . . . . . . . 12 Introduction . . . . . . . . B-1 Management . . . . . . . . . . 13 Population . . . . . . . . . B-1 Objectives and Operations . . . 13 Economic Characteristics B-2 ESTIMATED TAX REVENUES AND NOTE Construction . . . . . . . . B-6 RETIREMENT . . . . . . . . . . . 14 Agriculture . . . . . . . . B-7 General . . . . . . . . . . . . 14 Transportation . . . . . . . B-7 Property Tax Limitation and Education . . . . . . . . . B-8 Allocation . . . . . . . . . 15 Pre-Article XIIIA Tax APPENDIX C: 1 Override Levy . . . . . . . 16 Form of Bond Counsel Opinion Property Tax Collection Procedures . . . . . . . . . 16 Assessed Valuation . . . . . . 17 Secured and Unsecured Tax Levies . . . . . . . . . 17 ( Projected Revenues . . . . . . 19 Note Retirement . . . . . . . . 20 IN CONNECTION WITH THIS OFFICIAL STATEMENT, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE AND MAINTAIN THE MARKET PRICE OF THE 1987 NOTES AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. I j (iii) i THE NOTES Authority for Issuance The issuance of the 1987 Notes by the District is authorized pursuant to the Resolution and the provisions of Article 3 of Chapter 3 of Division 5 of the Public Resources Code of the State of California (the "State") as amended to date, and all laws amendatory thereof and supplemental thereto (the "Law") . Section 5544.2 of the Public Resources Code of the State of California provides, in part, that the District may incur indebtedness, whether by borrowing money or by purchase on contract, to acquire necessary and proper lands. The amount of such indebtedness incurred may not exceed an amount equal to the anticipated tax income of the District over the next four year period. Following the issuance of the 1987 Notes and the defeasance of the Refunded Notes and the prepayment of the Prepaid Notes, the outstanding indebtedness of the District will represent approximately 89% of the tax revenues anticipated to be received by the District through June 30, 1991. Description of the Notes The 1987 Notes will bear interest at the rates per annum and mature on the dates and in the principal amounts shown on the cover page of this Official Statement. The 1987 Notes are deliverable only in fully registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof (not exceeding the principal amount maturing in any one year) . Principal of the 1987 Notes will be payable only at the principal corporate trust office of Seattle-First National Bank (the "Paying Agent") in Seattle, Washington. Payment of interest on the 1987 Notes will be made by check mailed to the registered owner as its name and address appear at the close of business on the fifteenth day of the month next preceding each interest payment date in the register kept by the Paying Agent as registrar for the District. Optional Redemption 1987 Notes maturing on or before March 1, 1993, are not subject to call and redemption prior to their stated maturities. 1987 Notes maturing on or after March 1, 1994 are subject, at the option of the District, to call and redemption prior to their stated maturities, commencing March 1, 1993, as a whole on any date, or in part on any interest payment date, in inverse order of maturity and by lot within any -3- one maturity if less than all the 1987 Notes of any one maturity are I redeemed, upon payment from any source of funds legally available, at redemption prices equal to the following amounts expressed as a percentage of the principal amount redeemed (plus accrued interest to the date fixed for redemption) : IV Dates (Inclusive) price March 1, 1993 to February 28, 1994 . . . . 102 , March 1, 1994 to February 28, 1995 . . . . 101.5 March 1, 1995 to February 29, 1996 . . . . 101 , March 1, 1996 to February 28, 1997 . . . . 100.5 The Resolution requires the Paying Agent to give mailed notice of redemption of any 1987 Notes to the registered owners of the Notes called in whole or in part at least thirty (30), but not more than sixty (60) days prior to redemption date; provided, that failure to receive any such notice shall not affect the redemption of such 1987 Notes. i Note Transfer and Exchange 1 The 1987 Notes are transferable by the registered owner thereof, in person or by duly authorized attorney, at the principal corporate trust office of the Paying Agent, upon surrender thereof for cancellation accompanied by a duly executed written instrument of transfer on a form approved by the Paying Agent, and thereupon a new 1987 Note or 1987 Notes will be issued to the transferee in exchange therefor, in the manner, subject to the conditions and upon payment of any tax or governmental charge required to be paid with respect to such transfer. I The 1987 Notes may be exchanged at the principal corporate trust office of the Paying Agent for the same principal amount of 1987 Notes of the same maturity date of other authorized denominations, in the manner, subject to the conditions and upon payment of any tax or other governmental charge required to be paid with respect to such exchange. PLAN OF FINANCING . , , I 1982 Notes In December 1982, pursuant to Resolution 82-56 adopted by the Board of Directors of the District on December 8, 1982 (the "1982 Resolution' the District sold the 1982 Notes in the aggregate principal amount of i -4- $6,000,000 to finance acquisition of open space lands. The outstanding 1982 Notes mature serially through December 15, 1992 and bear interest at rates ranging from 7.5% to 9% per annum. The 1982 Notes are co-equal to and are on a parity with the 1985 Notes and the 1986 Notes. All of the $3,600,000 aggregate principal amount of 1982 Notes outstanding will be defeased with proceeds of the 1987 Notes. 1905 Notes In March 1985, pursuant to Resolution 85-8 adopted by the Board of Directors of the District on February 13, 1985 (the "1985 Resolution") , the District sold the 1985 Notes in the aggregate principal amount of $4,000,000 to finance acquisition of open space lands. The outstanding 1985 Notes mature serially through December 15, 1994 and bear interest at rates ranging from 7.5% to 10% per annum. The 1985 Notes are co-equal to and are on a parity with the 1982 Notes and the 1986 Notes. All of the $3,200,000 aggregate principal amount of 1985 Notes outstanding will be defeased with proceeds of the 1987 Notes. 1986 Notes In July 1986, pursuant to Resolution 86-36 adopted by the Board of Directors of the District on June 13, 1986 (the "1986 Resolution"), the District sold the 1986 Notes in the aggregate principal amount of $9,500,000 to finance acquisition of open space lands. The outstanding 1986 Notes mature serially through December 15, 1995 and bear interest at rates ranging from 5.0% to 7.2% per annum. The 1986 Notes are co-equal to and are on a parity with the 1982 Notes and the 1985 Notes. All of the $9,500,000 aggregate principal amount of 1986 Notes outstanding will be defeased with proceeds of the 1987 Notes. On December 15, 1991, all 1986 Notes then outstanding will be redeemed prior to their stated maturity at a premium of 2%. Refunding Plan In order to achieve debt service savings, to modify certain legal covenants of the District and to provide for amortization of the District's debt on a schedule more consistent with the District's plans for future land acquisition, the District is refunding the 1982 Notes, the 1985 Notes and the 1986 Notes. Accordingly, certain of the proceeds from the sale of the 1987 Notes, together with a portion of the moneys on deposit in the funds and accounts established under the 1982 Resolution, the 1985 Resolution and the 1986 Resolution for the Refunded Notes, will be used to establish an irrevocable escrow (the "Escrow Fund") to be held by Seattle-First National Bank, as escrow holder (the "Escrow Agent"), pursuant to an escrow agreement, dated as of April 1, 1987 (the "Escrow Agreement") between the District and the Escrow Agent. It is intended -5- i i I i that such proceeds and such other moneys be used for the purpose of defeasing the liens of the 1982 Resolution, the 1985 Resolution and the j 1986 Resolution and refunding the Refunded Notes. The Escrow Agreement provides that federal securities deposited into the Escrow Fund with any initial cash deposit and all interest earnings thereon will be sufficient to repay the principal of, premium, if any, and interest on the Refunded Notes as it becomes due and payable. See "The Escrow Agreement". Prepaid Notes At least $997,550 of the proceeds of the sale of the 1987 Notes will 01 be utilized to prepay in full, or to reimburse the District for the prepayment in full of, the Prepaid Notes. In December 1986, five Prepaid Notes with a total then outstanding principal balance of $473,000 were prepaid by the District in full for $449,350, which amount represents a 5% discount. i The Protect I In addition to refunding the Refunded Notes and prepaying the Prepaid Notes, certain proceeds of the 1987 Notes will be used to acquire necessary and proper lands and facilities within the District for preservation and use as open space (the "Project") in accordance with the Law. I DISPOSITION OF NOTE PROCEEDS AND PROJECTED SOURCES AND USES I The proceeds of the sale of the 1987 Notes (excluding accrued interest which will be deposited in the Note Fund) and certain other moneys are expected to be applied as follows: 1987 Note Proceeds $21,200,000 1982, 1985 and 1986 Note Reserve Funds 1.544.235* Total Sources $22,744,235* i Purchase of securities to prepay and refund the 1982, 1985 and 1986 Notes Prepayment of Existing Land $1?,494,664* Contract Debt 997,500 Underwriter's Discount 280,000 Estimated Costs of Issuance 65,000 Reserve Fund (8%) 1,696,000 Acquisition Fund 2.211.071* Total Uses $22,744,235* i i *Estimated, subject to change. -6- i SECURITY The 1987 Notes are 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, and from any other legally available funds of the District including, but not limited to, subventions received from the State in lieu of property taxes, certain federal and State grants, and interest earned on invested funds. The full faith and credit or taxing power of the District is not pledged for the payment of the 1987 Notes, and the 1987 Notes are not secured by a legal or equitable pledge of, or charge, lien or encumbrance on, any property of the District or any of its income or revenue. The Resolution constitutes a contract between the District and the holders of the 1987 Notes. The covenants and agreements set forth in the Resolution shall be for the equal and proportionate benefit, security and protection of all holders of the 1987 Notes and any additional parity notes which may hereafter be issued without preference, priority or distinction as to security or otherwise of any of such obligations over any of the other by reason of the number or date thereof or the time of sale, execution and delivery thereof. The 1987 Notes are co-equal to and are on a parity with certain other outstanding obligations of the District, as described in the section hereof entitled "District Financial Information" and in the District's Audited Financial Statement for the Year Ended June 30, 1986 (Appendix A to this Official Statement) . For the purpose of paying the principal of and interest on the 1987 Notes, until the principal of and interest on the 1987 Notes are paid or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of principal of and interest on the 1987 Notes as they become due, the District agrees under the Resolution annually to set aside a portion of the limited ad valorem taxes levied upon all taxable property within the District by the Boards of Supervisors of the Counties, and allocated to the District under applicable law, or other legally available funds of the District, sufficient to pay such principal of and interest on the 1987 Notes that will become due before the proceeds of a tax levied at the next general • tax levy will be available for such purpose. See "The Resolution - Note Fund" herein. A Reserve Fund will be established for the security of the noteholders in an amount equal to 8% of the original principal amount of the 1987 Notes from the proceeds of their sale. An amount equal to the Reserve Requirement (as defined below) will be retained in the Reserve Fund and used only for the payment of principal of and interest on the 1987 Notes to the extent amounts in the Note Fund (as defined below) are insufficient therefor or for the retirement of all outstanding 1987 Notes. -7- i TEE RESOLUTION The following is a brief outline of certain provisions of the Resolution and is not to be considered a full statement pertaining thereto. Reference is made to the Resolution for the complete text thereof. Copies of the Resolution are available from the District. Flow of Funds Upon the sale and delivery of the 1987 Notes, the Treasurer of the District (the "Treasurer") shall set aside and deposit the proceeds received from such sale in the following respective funds and in the following order of priority: 1987 Promissory Note Interest and Principal Fund (the "Note Fund") 1987 Promissory Note Reserve Fund (the "Reserve Fund") 1987 Promissory Note Refunding Fund (the "Refunding Fund") 1987 Promissory Note Acquisition Fund (the "Acquisition Fund") . From the proceeds of the sale of the 1987 Notes, the Treasurer will deposit in the Note Fund moneys in an amount equal to the accrued interest on the 1987 Notes from their date to the delivery date of the 1987 Notes and will deposit the sum of $1,696,000 into the Reserve Fund. The Treasurer will deposit in the Refunding Fund an amount which, together with other moneys deposited therein at the same time, will be sufficient to provide for the payment of Refunded Notes on their respective maturity dates or redemption date, together with accrued interest thereon. The remainder of the proceeds received from the sale of the 1987 Notes will be deposited in the Acquisition Fund to be applied to payment of the cost of issuance of the 1987 Notes, the prepayment or reimbursement to the District for the prepayment of the Prepaid Notes and the financing of the Project. Note Fund Under the Resolution, the District agrees and covenants that, as authorized by and subject to the Law, until the principal of and interest I on the 1987 Notes are paid in full or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of principal of and interest on the 1987 Notes as they become due, it will annually set aside a portion of the limited ad valorem taxes levied upon all taxable property in the District by the Boards of Supervisors of the Counties and allocated to the District under I i I i l 4 I applicable law, or other legally available funds of the District, sufficient to pay such principal of and interest on the 1987 Notes that will become due before the proceeds of a tax levied at the next general tax levy will be available for such purpose. In order to implement this covenant, the District further agrees to set aside as soon as possible after the receipt of such taxes that become delinquent after April 10 of jeach year, commencing April 10, 1987, an amount of such taxes or other available funds of the District equal to the interest that becomes due and payable on the 1987 Notes on the next succeeding September 1, and, as ' soon as possible after the receipt of such taxes that become delinquent after December loth each year, commencing December 10, 1987, an amount of such taxes or other legally available funds of the District equal to the interest that becomes due and payable on the 1987 Notes on the next succeeding March 1, plus the principal of the 1987 Notes that becomes due and payable on such March 1. Under the Resolution, all such taxes or other legally available funds of the District shall be deposited by the Controller in the Note Fund. Moneys in the Note Fund are required to be used solely for the payment of the principal, premium, if any, and interest on the 1987 i Notes. Pending disbursement, moneys in the Note Fund will be deposited or invested as permitted by law and the Resolution. All proceeds of such deposits or investments will be deposited as and when received in the Note Fund. �I Reserve Fund The Resolution requires that the Reserve Fund, initially funded with proceeds of the sale of the 1987 Notes in the amount of $1,696,000 (the "Reserve Requirement") be maintained at the Reserve Requirement so long as the 1987 Notes are outstanding. In the event withdrawals from the Reserve Fund decrease the balance in the Reserve Fund to an amount less than the Reserve Requirement, the District is required to replenish such Fund from the first available taxes and revenues of the District, provided, however, that the District is not obligated to replenish the Reserve Fund at any time when the sum of the amounts in the Reserve Fund f and the Note Fund is at least equal to the aggregate principal amount of the 1987 Notes then outstanding and interest then due and thereafter to become due on such 1987 Notes. The Resolution permits the District to withdraw any amounts in the Reserve Fund in excess of the Reserve Requirement. i Except as previously described, all moneys in the Reserve Fund are required to be used solely for the payment of the principal of, premium, if any, and interest on, the 1987 Notes in the event and to the extent that the District has no other moneys available therefor. � I i Refunding Fund j All moneys in the Refunding Fund are to be deposited by the Treasurer -9- 1 in the Escrow Fund and applied in accordance with the Escrow Agreement to the refunding of the Refunded Notes. See "The Escrow Agreement". Acquisition Fund Moneys in the Acquisition Fund may be used and withdrawn solely for paying costs of issuance of the 1987 Notes and the financing of the • Project. After the closure of the Acquisition Fund, any moneys remaining therein will be transferred to the Note Fund. Investment of Mo eys in the Funds and Accounts Subject to the provisions of the Internal Revenue Code of 1986, as amended and State law, including the Law, all moneys in the funds and accounts established under the Resolution are to be deposited or invested as determined by the Controller so as to obtain the highest yield that the Controller deems practicable, having due regard for the safety of such deposits and investments; provided, that all such deposits and investments must be withdrawable or must mature at such times so as to coincide as nearly as practicable with the time when such moneys are expected to be withdrawn for use under the Resolution. Proceeds of the investment of amounts in the funds and accounts established by the Resolution are deposited as and when received in the fund or account in which such investments are held. Amounts deposited in the Escrow Fund will be invested in accordance with the provisions of the Escrow Agreement. Covenants and Additional Debt The District agrees and covenants that until payment in full of all the principal of, premium, if any, and interest on the 1987 Notes (or provision satisfactory for such payment) shall have been made, it will: 1. Duly and punctually pay or cause to be paid the principal of, premium, if any, and interest on the 1987 Notes in accordance with the conditions and terms thereof and of the Resolution; J,, I 2. Incur no additional indebtedness or capital lease obligations payable from Limited Taxes received by the District having any priority in payment to payment of the principal of and interest on the 1987 Notes; 3. Incur no additional indebtedness or capital lease obligations payable from Limited Taxes received by the District on a parity in payment with the principal of and interest on the 1987 Notes unless it shall have first filed with the Paying Agent a certificate executed by the Controller to the effect that: -10- i' M the taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statement of the District plus the total subventions in lieu of taxes received by the District from the State of California in such fiscal year, less the total debt service paid by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides; (ii) the total debt service payable by the District during its next succeeding fiscal year on all indebtedness or capital lease obligations of the District that would be payable on a parity with such additional indebtedness, including debt service on such additional indebtedness, less the total debt service payable by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides; and (iii) that the total defined in subparagraph (i) above is at least one hundred twenty-five percent (125%) of the total defined in subparagraph (ii) . 4. Prepare and adopt a budget for each fiscal year, which budget shall provide as a priority item for the payment of the principal of, premium, if any, and interest on the 1987 Notes (together with all other indebtedness or capital lease obligations of the District payable from Limited Taxes) becoming due and payable in such fiscal year and for appropriations fully sufficient to make such payments. The budgets of the District on file with Paying Agent will be open to inspection during regular business hours by any registered owner of the Notes. "Limited Taxes" means the limited ad valorem property taxes levied on all taxable property in the District by the Boards of Supervisors of the Counties and allocated to the District under applicable law that are legally available to pay the 1987 Notes. "Tax Overrides" means any tax levied for the sole purpose of the payment of principal and interest on the indebtedness of the District such as Pre-Article XIIIA Debt and general obligation bond debt authorized by the voters of the District. THE ESCROW AGREEMENT The Escrow Agreement provides that the Escrow Agent shall establish and maintain the Escrow Fund, which shall consist of various securities provided by the District (the "Escrow Securities") pursuant to the Escrow Agreement, in an aggregate principal amount which, together with such other moneys as are provided by the District pursuant to the Escrow Agreement and the income on the Escrow Securities, will be sufficient to refund the outstanding 1982 Notes, 1985 Notes and 1986 Notes. The Escrow Agent further agrees under the Escrow Agreement to invest the moneys in the Escrow Fund in a manner consistent with the terms of the Escrow Agreement. The Escrow Agreement provides that the Escrow Agent shall transfer to the Paying Agent for the Refunded Notes such moneys from the Escrow Fund as shall be necessary to make payment of the principal and accrued interest of the outstanding 1982 Notes, the 1985 Notes and 1986 Notes, as they respectively become due, at the times and places and in the manner i stipulated in the 1982 Notes, the 1985 Notes, the 1986 Notes and their respective Resolutions. If a deficiency appears in the Escrow Fund, the District is obligated to use its best efforts to replenish it with any legally available moneys. THE DISTRICT Location and Size On November 7, 1972, the citizens of northwestern Santa Clara County voted to establish the Midpeninsula Regional Park District under provisions of the Law. On July 7, 1976, after another public vote the District expanded its boundaries by annexing the southeastern portion of San Mateo County. The District was subsequently renamed the "Midpeninsula Regional Open Space District". The approximately 330 square miles of the District include about 200 square miles within Santa Clara County and 130 square miles within San Mateo County, constituting 61% and 39% respectively of the total District area. The southwestern border of the District falls approximately along the ridgeline of the coast range which bisects the San Francisco Peninsula into the coastside and bayside regions. The coastside is predominately rural in character, with limited areas of flat land on the ocean terraces and vast areas of steep, forested ridges and canyons located inland. The District is located on the bayside which has more gentle topography characterized by substantially level areas and rolling plains which have been more favorable for development. The District's northeast border is the San Francisco Bay. i The District is composed of the incorporated communities of Palo f Alto, Mountain View, Los Altos, Los Altos Hills, Sunnyvale, Cupertino, Saratoga, Monte Sereno, East Palo Alto and Los Gatos and adjacent unincorporated areas located in Santa Clara County and the incorporated communities of Woodside, San Carlos, Menlo Park, Atherton, Portola Valley and Redwood City and adjacent unincorporated areas located in San Mateo County. i -12- i a Management The seven-member elected District Board of Directors originates, guides, and enforces District policies. Members of the Board of Directors are elected for staggered four-year terms from seven wards within the District. The following are the current Board members: Richard S. Bishop, President Daniel G. Wendin, Director Katherine M. Duffy, Vice President Nonette G. Hanko, Director Edward G. Shelley, Treasurer Gerry B. Andeen, Director Ernestine U. Henshaw, Secretary The administration of the District from its inception has been the responsibility of its General Manager, Herbert Grench. Prior to his involvement with the District, Dr. Grench was a staff scientist at the Lockheed Nuclear Sciences Research Laboratory in Palo Alto. He received a B.A. in Physics from Kalamazoo College in Michigan, and an M.S. and Ph.D. in Nuclear Physics from the University of Iowa. He is currently working on his Master of Public Administration degree at Hayward State University. Michael L. Foster has been Controller of the District since 1978. In addition to his responsibility with the District, Mr. Foster is also the Staff Vice President - Finance and Planning for California Microwave, a communications equipment manufacturer. Prior to that, he served as the financial manager for a division of Watkins-Johnson, an electronics manufacturing firm. Mr. Foster received both an undergraduate degree in economics and a Master of Business Administration from Stanford University. The District currently has 28 full-time employees, 5 part-time employees, and 4 temporary employees. Objectives and Operations Preservation of open space is the principal objective of the District. "Open space" is generally defined by the District as any land or water area which remains in a natural state, is used for agriculture, or is otherwise essentially undeveloped. The Master Plan of the District (the "Master Plan"), which was adopted by the District Board of Directors on December 14, 1977 and January 11, 1978, defines acquisition policies and the role the District will play in the preservation of open space. According to the Master Plan, the District seeks to preserve open space for the following purposes: for the protection of natural vegetation, for the protection of wildlife, for outdoor recreation, for guiding urban form, for scenic preservation, for the preservation of unique sites, for the protection of it -13- agriculture, for the production of minerals and for the protection of public health and safety. Under certain circumstances the District may acquire undeveloped land within an urbanized area. The Master Plan of the District defines acquisition policies and the role the District will play in the preservation of open space and reflects the roles the District believes other public agencies and private organizations should play in the preservation of open space. The Master Plan map was based on an open space lands evaluation. The District's most effective method for the preservation of open space is the purchase of land with District revenues and from the proceeds of its debt obligations. Other sources of revenues for acquiring land for open space purposes include obtaining State and federal grants for the land purchases. From time to time the District also receives gifts of open space land and participates in joint projects with other governmental agencies and private non-profit organizations to acquire and maintain open space lands. The District has the power of eminent domain. However, the District does not have regulatory power over lands other than those it owns. Consequently, it cannot adopt zoning ordinances or regulations affecting lands not owned by the District. The power to protect open space by regulating land use is held primarily by the cities located within the District and by the Counties. It is the policy of the current Board of Directors that during the next several years the District's financial resources will be devoted primarily to acquiring open space lands before the land is developed and land costs become prohibitive. In keeping with this land acquisition policy, administrative costs are projected to be kept to a minimum, and land management expenditures are anticipated to be an increasing percentage of annual tax revenue. Approximately 26,000 acres of open space land had been acquired by the District as of March 1, 1987. The anticipated use of proceeds of the currently offered 1987 Notes is, net of defeasance of the Refunded Notes and prepayment of the Prepaid Notes, expected to add approximately 650 acres to the District's current open space holdings. ESTIMATED TAX REVENUES AND NOTE RETIREMENT J General The 1987 Notes are limited obligations of the District payable from limited ad valorem property taxes levied upon all taxable property within the District by the Boards of Supervisors of the Counties, and allocated i to the District under applicable law, and from any other funds legally -14- available therefor. The full faith and credit or taxing power of the District is not pledged for the payment of the 1987 Notes, and the 1987 Notes are not secured by a legal or equitable pledge of, or charge, lien or encumbrance on, any property of the District or any of its income or revenue. See "District Financial Information" for a description of certain other moneys which may be available to pay debt service on the 1987 Notes. The District's property tax revenues are derived from three basic sources: (1) the tax override rate levied to retire Pre-Article XIIIA Debt; (2) the District's allocation of the $1.00 tax rate levied in Santa Clara and San Mateo Counties; and (3) subventions received from the State in lieu of certain property taxes. Property Tax Limitation and Allocation Article XIIIA of the California Constitution provides for a maximum ad valorem property tax equal to one percent of the full cash value of property. Article XIIIA defines full cash value to mean "the county assessor's valuation of real property as shown on the 1975/76 tax bill under 'full cash value' , or thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment". This full cash value may be increased at a rate not to exceed 2 percent per year to account for inflation. Future assessed valuation growth allowed under Article XIIIA (new construction, certain changes of ownership, 2% inflation) will be allocated on the basis of "situs" among the jurisdictions that serve the tax rate area within which the growth occurs. Local agencies and schools will share the growth of "base" revenues from the tax rate area. Each year's growth allocation becomes part of each agency's allocation in the following year. The availability of revenues from growth in tax bases to such entities may be affected by the establishment of redevelopment agencies which, under certain circumstances, may be entitled to revenues resulting from the increase in certain property values. Although Proposition 46, approved by the voters of the State in June 1986, permits local governments, including the District, to issue bonded indebtedness payable from ad valorem taxes in excess of 1% of full cash value with the approval of two-thirds of the votes cast by voters voting on the proposition, the voters of the District have not been presented with nor have they approved a tax override with respect to the 1987 Notes. Owners of the 1987 Notes have no right to compel the District to levy or cause to be levied any tax for the payment of the principal of, premium, if any, or interest on the 1987 Notes and must look solely to the allocation described above and to certain other legally available revenues of the District for such payment. f� -15- Pre-Article XIIIA Tax Override Lew On September 12, 1980, the District received a p judgment from the I State Superior Court in Santa Clara County, amended on October 24, 1980, granting a peremptory writ of mandate requiring Santa Clara and San Mateo Counties to levy and collect property taxes sufficient to pay debt service on the District's outstanding been indebtedness which had n incurred prior to June 6, 1978 ("Pre-Article XIIIA Debt") . This "tax override" is in addition to the District's allocation of the one dollar tax rate levied on all taxable property by both Counties. The tax override component of the District's property tax revenues will cease following the 1987/88 fiscal year when the final Pre-Article XIIIA Debt z is completely retired. See "District Financial Information - Other Outstanding Debt" below for a discussion the District's outstanding Pre-Article XIIIA De bt. I �I Property Tax Collection Procedures In California, property which is subject to ad valorem taxes is classified as "secured" or "unsecured". The secured classification includes property on which any property tax levied by the county becomes a lien on that property. A tax levied on unsecured property does not become a lien against the taxed, unsecured property, but may become a lien on certain other property owned by the taxpayer. Every tax which becomes a lien on secured property has priority over all other liens on the secured property, regardless of the time of the creation of other liens. A 10% penalty is added to delinquent taxes which have been levied with respect to property on the secured roll. In addition, property on the secured roll on which taxes are delinquent becomes tax defaulted property by 5 p.m. on the last business day of the fiscal year. Such property may thereafter be redeemed by payment of the delinquent taxes and delinquency penalties, plus a redemption penalty of 1.5% per month. � The valuation of property is determined as of either (1) the 1975-76 tax year, y (2) the later date of a change of ownership or new construction, or (3) March 1 of the tax year if the value has declined below the base year value. For property on the secured roll, taxes become delinquent on December 10 and April 10. Taxes on unsecured property are due March 1 and become delinquent August 31. I When a change of ownership or completion of new construction occurs a supplemental assessment is made. Depending upon when the change of ownership occurred or when the construction was completed there can be ` one or two supplemental assessments. I i -16- I i } I I Ni I District Total Unsecured Tax Receipts Secured and Fiscal Santa Clara San Mateo Total Unsecured Year County County District Receipts 1982/83 $268,000 $137,400 $405,400 $3,724,100 1983/84 311,300 171,000 482,300 4,098,700 1984/85 386,800 175,300 562,100 4,562,200 1985/86 451,500 196,800 648,300 5,122,200 1986/87** 540,000 197,000 737,000 5,711,000 JJ * The District also receives a share of delinquent taxes, redemption fees, supplemental taxes and State subvention pp payments received by each � County. This revenue totaled $709,500 in 1985/86 and the District expects to receive $728,000 in 1986/87. **Estimated. f Source: District Controller ' I According to California Municipal Statistics, Inc., the secured tax delinquency rate has been at or below 3.7% in both Counties during each of the last five fiscal years, as show below: i ' TABLE 3 Secured Tax Delinquency Rates (at June 30) Fiscal Year Santa Clara County San Mateo County 1981/82 3.70% 2.27% 1982/83 3.42 3.19 1983/84 2.32 2.87 1984/85 2.062 2.74 1985/86 2.062 2.63 i The District's allocation of tax revenues is the aggregate of the District's apportionment of the taxes produced by the one dollar tax rate in nearly one thousand tax code areas in Santa Clara and San Mateo Counties. In accordance with Chapter 6 of the State Revenue and Taxation Code, the tax increment derived by the increase in assessed valuation in E each tax code area is apportioned to the taxing entities within the code area in the same proportion as in the prior year, subject to certain i modifications for change in jurisdiction or new incorporations and for f certain incremental tax revenues allocated directly to redevelopment agencies within the District. Thus, the increase in the District's allocation of taxes varies directly with the increase in the assessed S I valuation within the District. � i Unlike special districts in California that are wholly within one county, as a multi-county special district, the District receives 100% of its allocation of collected taxes pursuant to Section 98.6 of the California Revenue and Taxation Code, and is not subject to a discretionary reduction in such allocation by action of either County's Board of Supervisors. -18- I 1 � j Y Assessed Valuation I Table 1 shows a detailed summary of the District's assessed valuation f since 1981/82. Property in the District is assessed by the Santa Clara and San Mateo County Assessors in their respective counties except for public utility property which is assessed by the State Board of Equalization. TABLE 1 District Assessed Valuation (# 000,000's) Santa Clara San Mateo Total District Less: Total Net Fiscal County County Gross Redevelopment District Year Portion Portion Valuation Increment Valuation it 1981/82 $14,161.9 $6,354.5 $20,516.4 $102.1 $20,414.3 1982/83 16,743.2 6,969.1 23,712.3 208.7 23,503.6 1983/84 18,200.7 7,437.7 25,638.4 291.9 25,346.5 1984/85 20,249.9 8,125.3 28,375.2 403.2 27,972.0 1 1985/86 23,264.7 8,900.1 32,164.8 516.4 31,648.4 1986/87 25,560.3 9,832.2 35,392.4 748.4 34,644.1 Source: California Municipal Statistics, Inc. i h Secured and Unsecured Tax Levies Table 2 shows the total combined secured and unsecured tax receipts allocated by the Counties to the District and received by the District during the last four fiscal years and the District's estimated tax receipts for the 1986/87 fiscal year. The Pre-Article XIIIA tax override for the District, as well as certain late payments of taxes with respect to fiscal years prior to the fiscal years during which such payments are made are not reflected on Table 2. TABLE 2 District Secured and Unsecured Tax Receipts i (Excludes Pre-Article YIIIA Tax Override Levy)* 1 � Secured Tax Receipts Fiscal Santa Clara San Mateo Total Year County County District 1982/83 $2,312,400 $1,006,300 $3,318,700 J 1983/84 2,506,100 1,110,300 3,616,400 I 1984/85 2,781,000 1,219,100 4,000,100 1985/86 3,139,700 1,334,200 4,473,900 ,I 1986/87** 3,484,000 1,490,000 4,974,000 I I; -17- 4 E I Note Retirement Table 5 estimates debt service coverage on all of the District's non-subordinated Post-Article XIIIA debt to be outstanding after the issuance of the 1987 Notes and the defeasance of the Refunded Notes and prepayment of the Prepaid Notes, including debt service on the 1987 Notes. Excluding 1986/1987, the current year, the minimum debt service i coverage ratio is estimated to be approximately 2.43 in 1990/91. The District intends to issue additional notes on a parity with the 1987 Notes in the future. Although the Resolution requires the District to meet certain financial a tests before it may issue any such additional notes, the issuance of additional parity notes by the District would decrease the debt service coverage ratios reflected on Table 5. See "The Resolution - Covenants and Additional Debt". See "District Financial Information - Other Outstanding Debt" for a description of the District's outstanding obligations. l TABLE 5 Estimated Debt Service Schedule Parity Post-Article XIIIA Debt j ( 0O0's) t Total Non- Subordinated f Fiscal Estimated --------1987 Notes-------- Debt Estimated Year Revenues(1) Principal Interest.O Total Service(3)(4) Coverage(4) 1986/87 $7,829 $ - $ $ $3,882 2.02 1987/88 8,678 - 1,218 1,218 2,377 3.65 1988/89 8,841 - 1,218 1,218 2,134 4.14 1989/90 9,720 - 1,218 1,218 1,945 5.00 1990/91 10,627 2,560 1,218 3,778 4,378 2.43 1991/92 11,670 2,695 1,085 3,780 4,304 2.71 1992/93 12,757 2,840 939 3,779 4,256 3.00 1993/94 13,998 3,000 780 3,780 4,113 3.40 1994/95 15,302 3,170 608 3,778 3,823 4.00 1995/96 16,783 3,360 421 3,781 3,811 4.40 1996/97 18,351 3,575 219 3,794 3,799 4.83 (1) From Table 4. (2) Assumes an average interest rate of 5.821%. (3) Estimated total debt service on all non-subordinated Post-Article XIIIA debt to be outstanding after the issuance of the 1987 Notes and the defeasance of the Refunded Notes. Excludes debt service on j Pre-Article XIIIA debt which is paid from additional property taxes levied for such purpose. i (4) Excludes additional debt service on parity debt which may be issued in the future under the terms of the Resolution. See "The Resolution - Covenants and Additional Debt". Source: District Controller i -20- 1 r Projected Revenues The District Controller has projected revenues and expenditures for the ten year term the 1987 Notes will be outstanding. Table 4 projects the District's revenues through 1996/97 based on the following assumptions: (1) After 1986/87, which is projected from currently available data, annual increases of 10% in the Districts's allocation of funds derived from the basic $1.00 tax rate. The assessed valuation of taxable property within the District has increased at an average rate of almost 11.5% annually over the last five years. (2) District cash balances will be invested to earn 6% per annum. (3) Revenue from State and federal grants and gifts is included based on approved project grants and projected gifts. Although the District believes such assumptions to be reasonable, there is no assurance that such assumptions and the projections based thereon will in fact be realized. Table 4 does not include debt service expenditures on Pre-Article XIIIA Debt or the anticipated tax override amount levied to service such debt. As more fully described below in the section "District Financial Information - Other Outstanding Debt", the 1987/88 debt service and tax override levy with respect to Pre-Article XIIIA Debt are each $640,180. TABLE 4 Estimated Revenues, 1986/87 - 1996/97 000's) Fiscal Tax Interest Other Total Year Revenues(l) Earnings(2) Revenue(3) Revenues 1986/87 $ 6,439 $600 $ 790 $ 7,829 1987/88 7,083 400 1,195 8,678 1988/89 7,791 400 650 8,841 1989/90 8,570 450 700 9,720 1990/91 9,427 450 750 10,627 1991/92 10,370 500 800 11,670 1992/93 11,407 500 850 12,757 1993/94 12,548 550 900 13,998 1994/95 13,802 550 950 15,302 li 1995/96 15,183 600 11000 16,783 1996/97 16,701 600 1,050 18,351 (1) Estimated Tax Revenues include the District's share of funds derived from the $1.00 tax rate and subventions received from the State of California in lieu of property taxes. Tax Revenues are net of the tax override revenues received to service Pre-Article XIIIA debt. (2) Interest earnings on the Reserve Fund and other funds of the District estimated at 6%. (3) "Other Revenue" is primarily grant receipts and rental income. Source: District Controller -19- DISTRICT FINANCIAL INFORMATION Method of Accounting The official books of record kept by the District utilize the principles of fund accounting as prescribed for special districts by the State Controller. All District funds reflect the modified accrual basis of accounting under which revenues are generally recognized in the period they become available and measurable and expenditures are recognized generally when the obligation is incurred, except for interest on long term debt which is recognized as an expenditure when due. The District's fiscal year is July 1 through June 30. The District's certified public accountants are currently Deloitte Haskins + Sells, San Jose, California. District Financial Statements The District's audited General Fund statement of revenues, expenditures and changes in Fund Balance for the years ended June 30, 1983, through June 30, 1986 is shown in Table 6. Also shown is the 1986/87 annual budget which was approved by the District Board of Directors by Resolution 86-38 adopted on June 18, 1986. The general property tax is the District's major source of revenues. Over the last four fiscal years, property taxes have generated between 67% and 88% of the District's total revenues, excluding gifts. State and federal grants, which have represented approximately 11% of the District's total revenues, excluding gifts, over the last four years, are usually tied to specific development or acquisition projects and, therefore, vary somewhat from year to year. Land acquisition is the major component of the District's expenditures, representing between 50% and 70% of total expenditures since 1982/83. Debt service is another important component of expenditures, constituting 19% to 38% of total District expenditures since 1982/83. Table 7 shows the combined Balance Sheet for the District's General Fund, General Fixed Assets Fund, and General Long-Term Debt Fund for the years ended June 30, 1985 and June 30, 1986. The General Fixed Assets Fund includes all land, equipment, structures and improvements. The General Long-Term Debt Fund accounts for the annual payment of long-term debt. See Appendix A, "Notes to Financial Statements" for the breakdown of changes in the General Long-Term Debt Account and the amount of future debt service payments. -21- TABLE 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GENERAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE Budget REVENUES: 1982/83 1 83/84 1984/85 1985/86 1986/87 i General Property Tax $ 4,914,255 $ 5,111,734 $ 5,584,192 $ 6,145,021 $ 6,649,000 State and Federal Grants 474,941 1,678,190 993,046 167,002 260,000 Other Taxes 485,319 470,708 463,296 490,266 460,000 Interest 862,486 765,392 674,973 549,588 800,000 Other(1) 158,825 2,727,564 2,058,997 345,425 550,000 Total Revenues $ 6,895,826 $10,753,588 $ 9,774,504 $ 7,697,302 $ 8,719,000 EXPENDITURES: Salaries and Benefits $ 747,916 $ 979,377 $ 1,017,525 $ 1,078,820 $ 1,418,200 Professional Services 120,570 108,217 205,679 117,315 291,100 Other 261,370 263,164 301,707 305,080 1,412,750 Subtotal Salaries, Services & Other $ 1,129,856 $ 1,350,758 $ 1,524,911 $ 1,501,215 $ 3,122,050 Debt Service: Principal Retirement $ 1,705,860 $ 2,737,504 $ 3,089,989 $ 3,468,809 $ 3,350,400 Interest 858,982 1,056,294 1,360,346 1,389,351 1,8879130 Subtotal Debt Service 2,564,842 3,793,798 4,450,335 4,858,160 5,237,530 Subtotal Expenditures $ 3,694,698 $ 5,144,556 $ 5,975,246 $ 6,359,375 $ 8,359,580 i EXCESS PRIOR TO PROPERTY ACQUISITION $ 3,201,128 $ 5,609,032 $ 3,799,258 $ 1,337,927 $ 359,420 Property Acquisition 9,665,740 11,175,540 5,675,328 7,406,423 8,000,000 Total Expenditures $13,360,438 $16,320,096 $11,650,574 $13,765,798 16,359,580 EXCESS OF REVENUES OVER EXPENDITURES $(6,464,612) $(5,566,508) $(1,876,070) $(6,068,496) $(7,640,580) OTHER FINANCING SOURCES (USES) Proceeds from Notes Payable 7,782,521 4,308,000 4,095,000 3,313,200 9,285,000 NET EXCESS OF REVENUES AND OTHER FINANCING SOURCES OVER EXPENDITURES $ 1,317,909 $(1,258,508) $ 2,218,930 $(2,755,296) $ 1,644,420 Starting Fund Balance $ 6,517,702 $ 7,835,611 $ 6,577,103 $ 8,796,033 $ 6,040,737 Ending Fund Balance $ 7,835,611 $ 6,577,103 S 8,796,033 $ 6,040,737 $ 7,685,157 I (1) For years 1983/84, 1984/85 and 1985/86, includes gifts of money to acquire specific property. See Notes to the District's audited financial statement (Appendix A) . i Source: Compiled from the Audited Financial Statements of the District for years ending June 30, 1983 through June 30, 1986 and the Approved Budget for 1986/87. -22- I TABLE 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BALANCE SHEET June 30, 1986 June 30, 1985 General General General General General Fixed Long-Term General Fund Long-Term Fund Assets Debt Fund Assets Debt Assets and Other Debt Balances: Cash $5,727,311 $ $ $8,313,448 $ $ Investment in bonds (at cost) 143,100 173,400 Interest and other receivables 296,758 481,678 Prepaid expenditures/deposits 50,000 28,067 Land 64,565,996 57,276,706 Equipment 370,421 310,795 Structures and improvements 435,415 378,112 Amount to be provided for retirement of general long-term debt 17,420,683 17,576,292 Total Assets $6,217,169 $65,371,832 $17,420,683 $8,996,593 $57,965,613 $17,576,292 LIABILITIES AND FUND EQUITY Liabilities: Accounts payable $ 97,789 $ $ $ 125,182 $ $ Accrued liabilities 78,643 75,378 Notes payable 17,420,683 17,576,292 Total Liabilities $ 176,432 $17,420,683 $ 200,560 $17,576,292 Fund Equity: Investment in general fixed assets $ $65,371,832 $ $ $57,965,613 $ Fund Balances $6,040,737 $8,796,033 Total Fund Equity $6,040,737 $65,371,832 $8,796,033 $57,965,613 Total S6,217,169 $65,371,832 $17,420,683 $8,956,593 151.965.613 $17,576,2-92 Source: District's Audited Financial Statements -23- Debt Capaci i The District may acquire lands or facilities by means of a plan to borrow money or by purchase on contract. The amount of such indebtedness to be incurred may not exceed an amount equal to the District's anticipated tax income for the nest four-year period. All such indebtedness must be repaid during a period not to exceed 10 years from j the date on which it is incurred and may bear interest at rates not exceeding 12% per annum. Each such indebtedness shall be authorized by a resolution adopted by the affirmative votes of at least two-thirds of the members of the Board of Directors of the District. I Sources of Funds Tax Revenues. The general property tax is the District's major source of revenue, as well as the primary source of funds for the payment of debt service on the 1987 Notes. The general property tax consists of secured and unsecured property taxes and an "override" tax levied by both Counties to pay debt service on indebtedness approved by the voters prior to the enactment of Article XIIIA of the California Constitution (Proposition 13) . See "Tax Revenues and Note Retirement" above for a more complete description of the District's tax revenues. State and Federal Grants. Over the last four years, the District has received an average of over $800,000 a year in State and federal grants. Because grants are often tied to specific land purchases or site development and because the District must often compete with similar agencies for a fixed amount of State or federal funds, the level of grant revenues has varied from 2% to 20% of the District's total revenues, excluding gifts, over the last four years. Gifts. In addition to grants, the District has received a total of approximately $4.4 million in gifts over the last four years. These gifts are generally in cash and are used to fund portions of specific 4 land acquisitions or site developments. I The District's 1986/87 Budget estimates revenues from grants and gifts at $467,000, which amount represents grants and gifts for which the District has received approval, pending the completion of land acquisition and site development. In general, the District only budgets ti grant and gift revenues when the source and amount of the grant or gift have been reasonably assured. i I Major Uses of Funds I Most of the District's funds are used for the acquisition of open space lands and equipment, and to service the debt issued for those purposes. In keeping with the policy of the District's Board of i I -24- J 1 1 Directors, administrative costs are projected to be kept to a minimum and land management expenditures are anticipated to be an increasing percentage of annual tax revenue. In 1985/86, $7,406,423, or approximately 54% of total District expenditures were allocated toward new property acquisition. Total acreage acquired in 1985/86 was 2,406 acres. Due to the impact on land owners of the Tax Reform Act of 1986, the few months prior to December 31, 1986 were extremely active in the property acquisition program. In II the first eight months of 1986/87 approximately $10.6 million, or 66% of total District expenditures were for the acquisition of new open space lands. Approximately 4,965 acres have been acquired in 1986/87 through March 1, 1987. Gann Initiative At the Statewide special election on November 6, 1979, the voters approved an initiative entitled "Limitation on Government Appropriations" (Proposition 4) (the "Gann Initiative") which added Article XIIIB to the California Constitution. Under Article XIIIB, State and local government entities have an annual "appropriations limit" which limits the ability to spend certain moneys which are called "appropriations subject to limitation" in an amount higher than the "appropriations limits". Article XIIIB does not affect the appropriation of moneys which are excluded from the definition of "appropriations limit" including appropriations of any special district which existed on January 1, 1978, and which did not as of the 1977-78 fiscal year levy an ad valorem tax on property in excess of 12.5 cents per $100 of assessed value. Since the District did not levy a tax in excess of 12.5 cents, the District's appropriations are not subject to the limitations of Article XIIIB. Other Outstanding Deb In addition to the Refunded Notes and the Prepaid Notes, as of March 1, 1987, the District had outstanding indebtedness in the aggregate principal amount of $7,716,485, consisting of Pre-Article XIIIA promissory notes, land contract notes that will be on a parity with the 1987 Notes, and land contract notes that will be subordinate to the 1987 Notes. The District has never defaulted on any of its debt. Series A Notes. In July 1977, the District sold $4,600,000 of its Promissory Notes, Series A (the "Series A Notes"), to finance acquisition of open space lands. The outstanding Series A Notes mature serially through July 15, 1987, in the amount of $460,000 annually and bear interest at 4.6% per annum. The Series A Notes are a limited general obligation of the District, subject to a $0.025 per $100 assessed valuation tax rate limitation. Pursuant to a peremptory writ of mandate issued September 12, 1980, and amended October 24, 1980, Santa Clara and San Mateo Counties are required to levy an override tax sufficient to pay debt service on the Series A Notes. -25- Land Contract Notes. As of March 1, 1987, excluding the Prepaid Notes, the District had $7,096,485 aggregate principal amount of notes representing obligations of the District under contracts for the purchase of land by the District for open space (the "Land Contract Notes") . As of June 30, 1986, land with a cost of approximately $19,700,000 was pledged as collateral for the Land Contract Notes payable. The 1987 Notes being offered herein (and the outstanding Series A Notes) are payable from property taxes and other revenues as herein described, and are not secured by a pledge of any land or other property of the District. According to the Controller, the District has entered into approximately 60 different master note obligations since its creation and has made timely payments of debt service on each of the obligations. Excluding the prepayment and refunding to be completed as the result of issuance of the 1987 Notes, seventeen of these notes have been totally retired. Tables 8 and 9 below list the District's notes outstanding as of March 1, 1987, and the 1987 Notes and excluding debt to be defeased or prepaid from the proceeds of the 1987 Notes. The outstanding balance of the Land Contract Notes as shown below is, in some cases, an aggregate of the outstanding balances on more than one Land Contract Note. In some cases, several parcels constituting one open space area have been purchased at different times through contracts secured by Land Contract Notes with differing maturities and interest rates. In each case, the land has been purchased pursuant to the California Public Resources Code which currently requires payment of debt over not more than 10 years. However, where the District has assumed an outstanding loan, the final payment dates may be beyond 10 years. Approximately $28.3 million aggregate principal amount or 98% of the District's notes outstanding as of March 1, 1987 (excluding the Refunded Notes and the Prepaid Notes), plus the 1987 Notes constitutes obligations issued or to be issued subsequent to the passage of Article XIIIA. Debt service on Post-Article XIIIA notes, including the 1987 Notes offered hereby, is payable from the District's allocation of the limited property tax levied by the Counties and other lawfully available moneys of the District, both as more fully described above. See Table 6 above for a record of such revenues since 1982/83 and the section "Estimated Tax Revenues and Note Retirement" for a description of the major sources of such revenues. Table 8 presents the original and outstanding (as of March 1, 1987) principal amounts of and 1987/88 debt service on Post-Article XIIIA notes, and the 1987 Notes and excluding debt to be defeased or prepaid from the proceeds of the 1987 Notes. Approximately 10% ($2.8 million) of the notes issued subsequent to the passage of Article XIIIA will be subordinated to the 1987 Notes. The Resolution requires that any future debt issued by the District and payable from Limited Taxes be on a parity with or subordinate to the 1987 Notes. -26- f II I f TABLE 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT POST-ARTICLE XIIIA DEBT OUTSTANDING i Original Amount Outstanding(l) 1987/88 Final Open Space Preserve of Notes 03/01/87 Debt Service Payment Coal Creek(2) $ 1,925,010 $ 344,241 $ 140,002 July 1992 El Corte de Madera(3) 2,194,000 1,447,800 381,024 Aug 1995 La Honda Creek(4) 1,491,000 1,325,650 189,489 Oct 1996 J Long Ridge(2) 774,698 274,000 106,020 Dec 1988 i Purisima Creek Redwoods 1,700,000 1,360,000 300,900 Apr 1994 Rancho San Antonio(2) 1,028,000 700,000 142,000 Apr 1993 Saratoga Ga 150,000 86,250 21,150 Oct 1992 Sierra AzulT2) 968,685 456,544 101,016 May 2001 Skyline Rid e(5) 2,470,000 810,000 141,450 July 1993 Windy Hill() 452,000 292,000 199,530 Mar 1989 1987 Notes 21,200,000 21,200,000 1,216,850 Mar 1997 1 ! Total $34,353,393 $28,296,485 $2,939,431 (1) Except for 1987 Notes expected to be issued on or about April 1, 1987. I j (2) Aggregation of notes payable for parcels within one open space i preserve. (3) Subordinated to the 1987 Notes. I� (4) Aggregation of notes payable, including a subordinated note in the outstanding amount of $800,000 with 1987/88 debt service of $86,000. I (5) Aggregation of notes payable, including a subordinated note in the outstanding amount of $600,000 with 1987/88 debt service of $96,750. Source: District Controller Approximately $0.6 million or 2% of the total of outstanding notes of the District as of March 1, 1987 (excluding the Refunded Notes and the Prepaid Notes) plus the 1987 Notes consisted of notes issued prior to the j passage of Article XIIIA, including $460,000 of the Series A Notes. Debt service on the notes issued prior to Article XIIIA is paid by the District from tax revenues received from the tax override levied by the Counties in order to pay debt service on indebtedness approved by the voters prior to June 6, 1978. Table 9 below shows the original outstanding amounts (as of March 1, 1987) and 1987/88 debt service on notes issued by the District prior to Article XIIIA. Debt service on Pre-Article XIIIA debt is serviced entirely from the tax override levied by both Counties for that purpose. I I j i -27- i i a i TABLE 9 } MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Pre-Article XIIIA Debt Outstanding I Original Amount Outstanding 1987/88 Final Open Space Preserve of Notes 03/01/87 Debt Service Payment Series A Notes $4,600,000 $ 460,000 $ 470,580 July 1987 Monte Bello 1,600,000 160,000 169,600 Dec. 1987 Total Pre-Article XIIIA Debt $6,200,000 $ 620,000 $ 640,180 Source: District Controller Salaries and Benefits I i Salaries and benefits for the District's 27 full-time, part-time, 5 art-ti i e, and 5 temporary employees represent the third major component of total District expenditures. In 1985/86, $1,078,820 was expended for salaries and benefits, and in 1986/87, $1,418,200 is budgeted for salaries and j benefits. The sum of $73,954 from 1985/86 salaries and benefits was contributed to retirement plans. District employees are covered under the Public Employees Retirement System administered by the State of } California. The District General Manager is also covered by a District deferred compensation plan. ( I Other uses of funds include patrol and development, site maintenance, j professional services, rents, utilities and communications. I I I i LEGAL I All legal proceedings in connection with the issuance of the 1987 Notes are subject to the approval of Orrick, Herrington & Sutcliffe, San Francisco, California, Bond Counsel. The opinion of Orrick, Herrington & s Sutcliffe, attesting to the validity of the 1987 Notes, will be supplied I free of charge to the original purchasers of the 1987 Notes. A copy of 4 the legal opinion will be printed on each Note. See Appendix C for the form of Bond Counsel Opinion. Certain legal matters will be passed upon for th e e District by Stanley R. Norton, Esq., General Counsel to the i District and for the Underwriter by Brobeck, Phleger & Harrison, San Francisco, California, Underwriter's Counsel. I i. -28- TAX EXEMPT STATUS In the opinion of Orrick, Herrington & Sutcliffe, Bond Counsel, based on existing laws, regulations, rulings, and court decisions, interest on the 1987 Notes is exempt from present California personal income taxes, and assuming compliance with certain covenants contained in the Resolution, interest on the 1987 Notes is excluded from gross income for federal income tax purposes. The Internal Revenue Code of 1986, as amended (the "Code") imposes various restrictions, conditions, and requirements relating to the exclusion from gross income for federal tax purposes of interest on obligations, such as the 1987 Notes. The District has covenanted to comply with certain guidelines designed to ensure that interest on the 1987 Notes will not become includable in gross income. Failure to comply with these covenants may result in interest on the 1987 Notes being included in gross income, possibly from the date of issuance of the 1987 Notes. The opinion of Bond Counsel assumes compliance with the covenants. Bond Counsel is further of the opinion that interest on the 1987 Notes is not a specific preference item for purposes of the Code's alternative minimum tax provisions. However, interest on the 1987 Notes received by corporations will be included in corporate adjusted net book income and adjusted current earnings, portions of which may increase the alternative minimum taxable income of such corporations. Although Bond Counsel has rendered an opinion that interest on the 1987 Notes is excluded from gross income for federal income tax purposes, the accrual or receipt of interest on the 1987 Notes may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend on the recipient's particular tax status or other items of income or deduction. No opinion regarding any such consequences is expressed, and owners of the 1987 Notes should consult their own tax advisers regarding the effect of such accrual or receipt on their particular tax situations. LEGALITY FOR INVESTMENT The 1987 Notes are legal investments in California for commercial and savings banks and as such are legal investments for all trust funds, and for funds of insurance companies and trust companies. The 1987 Notes are eligible as security for deposits of public moneys in California. -29- RATING As noted on the cover page of this Official Statement, Standard & Poor's Corporation (the "Rating Agency") has given the 1987 Notes the rating of • Any explanation of the significance of such rating may be obtained only from such Rating Agency furnishing the same. The District has furnished to such Rating Agency certain information and materials. Generally, Rating Agencies base their ratings on such information and materials and, in addition, on investigations, studies and assumptions made by the Rating Agencies themselves. There is no assurance that the rating mentioned above will remain for any given period of time or that the rating may not be lowered or withdrawn entirely by such Rating Agency if in its judgment circumstances so warrant. Any such downward change or withdrawal of a rating may have an adverse effect on the market price of the 1987 Notes. LITIGATION There is no litigation pending concerning the validity of the 1987 Notes and the application of the proceeds thereof, the corporate existence of the District, or the title of the officers thereof to their respective offices. UNDERWRITING The 1987 Notes will be purchased from the District by Prudential-Bache Securities Inc. as underwriter (the "Underwriter") under a Purchase Contract dated pursuant to which the Underwriter agrees to purchase all of the 1987 Notes for an aggregate purchase price of $_ plus accrued interest from April 1, 1987 to the delivery date thereof. The initial public offering prices stated on the cover of this Official Statement may be changed from time to time by the Underwriter. The Underwriter may offer and sell the 1987 Notes to certain dealers (including dealers depositing 1987 Notes into investment trusts), dealer banks, banks acting as agents and other at prices lower than said public offering prices. Prudential-Bache Capital Funding is the name under which Prudential-Bache Securities Inc. conducts its corporate, governmental and institutional business. -30- VERIFICATION Ernst & Whinny, independent certified public accounts, will verify certain mathematical computations as to the sufficiency of the investments deposited into the Escrow Fund to redeem the 1986 Notes on December 15, 1991, and to pay when due the principal of and the interest due on the other Refunded Notes, and as to the yield of the Federal Securities purchased with proceeds of the 1987 Notes and deposited into the Escrow Fund. MISCELLANEOUS Insofar as any statements made in this Official Statement involve matters of opinion or of estimates, whether or not expressly stated, they are set forth as such and not as representations of fact. No representation is made that any of such statements made will be realized. Neither this Official Statement nor any Statement which may have been made verbally or in writing is to be construed as a contract with the owners of the 1987 Notes. Neither the members of the Board of Directors nor the officers or employees of the District are liable personally on the 1987 Notes by reason of their issuance. The execution and delivery of this Official Statement have been duly authorized by the District. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Richard S. Bishop President of the Board of Directors By: Herbert Grench General Manager Dated: -31- [This Page Intentionally Left Blank] Deloitte APPENDIX A Hakins�sSells Suite 1200 One Almaden Boulevard San Jose, California 95113-2102 (408) 998-4000 ITT Telex: 4995734 AUDITORS ' OPINION Board of Directors , Midpeninsula Regional Open Space District : We have examined the balance sheet of Midpeninsula Regional Open Space District as of June 30 , 1986 and the related statement of revenues , expenditures and changes in fund balance - budget and actual - of the general fund for the year then ended. Our examination was made in accordance with generally accepted auditing standards and , accord- ingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances . In our opinion, such financial statements present fairly the financial position of Midpeninsula Regional Open Space District as of June 30 , 1986 and the results of its operations and changes in its fund balance for the year then ended, in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. August 21 , 1986 A-1 ti MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ti BALANCE SHEET, JUNE 30, 1986 . . .. .ACCOUNT GROUPS. . . . . General General Total j General Fixed Long-Term (Memorandum Fund Assets Debt Only) ASSETS AND OTHER DEBIT BALANCES Cash, including interest bearing deposits and short-term investments 3,050,759 $ 3,050,759 Restricted cash 2,676,552 2,676,552 Investment in bonds (at cost) 143,100 143,100 Interest and other receivables 296,758 296,756 Prepaid expenditures and deposits 50,000 50,000 Land $64,565,996 64,565,996 j Equipment 370,421 370,421 Structures and improvements 435,415 435,415 Amount to be provided for retirement of general long-term debt $17,420,683 17,420,683 TOTAL $6,217,169 $65,371,832 $17,420,683 119,009,684 LIABILITIES AND FUND EQUITY Liabilities: Accounts payable $ 97,789 $ 97,789 Accrued liabilities 78,643 78,643 Long-term debt $17,420,683 17,420,683 Total liabilities Fund Equity: Investment in general fixed assets $65,371,832 65,371,832 Fund balance 6 040 737 6,040,737 Total fund equity 6!040!737 65,371,837 71,412,569 TOTAL $6,217,169 $65,371,832 $17,420,683 $82,009,684 See notes to financial statements. A-2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND FOR THE YEAR ENDED JUNE 30, 1986 Variance Favorable Budget Actual (Unfavorable) REVENUES : General property tax $ 6,009,000 6 ,145,021 $ 136 ,021 State and Federal grants 396,000 167 ,002 (228 ,998) Other taxes 468,000 490$266 22) 266 Interest 600,000 549,588 (50 ,412) Other agency project share 99 ,000 115,000 16 )000 Other 225 ,000 230 25 5 ,425 Total 7 ,797 ,000 (-99,698) EXPENDITURES: Salaries and benefits 1 ,148,850 1 ,078,820 70,030 Professional services 169,200 117 ,315 51 ,885 Automobile expenses 70,250 69,499 751 Rent 96 )250 51,716 44,534 )) ,550 72621 (3 Site supplies and services 69 071) Utilities and communications 34,900 43,937 (9 ,037) Other 143,450 67 ,307 76 )143 Property acquisition 5,527 ,400 7 ,406,423 (1 )879 ,023) Debt service: Principal retirement 3 )280,500 3 ,468,809 (188 ,309) Interest 1 355 000 1 ,389,351 (34,351) 1 13,765 ,798 (l 87 448 Total 1 5�, 2 2 EXPENDITURES OVER REVENUES (4)098 ,350) (6 ,068,496) (1 ,970 ,146) OTHER FINANCING SOURCES Proceeds from issuance of long-term debt 323132200 3 ,313 ,200 REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES (4,098 ,350) (2 ,755 ,296) 1 ,343 ,054 FUND BALANCE,, JULY 1 , 1985 8,796 ,033 8 ,796)033 FUND BALANCE, JUNE 30$ 1986 $41,697683 6 ,040 ,737 $1 )34 See notes to financial statements . A-3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS 1 . ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES Organization - The Midpeninsula Regional Open Space District District) was formed in 1972 to acquire and preserve land and open space in the northern and western ti portions of Santa Clara County. In June 1976, the southern portion of San Mateo County was annexed to the District . Basis of accounting - The records of the District are maintained on the modified accrual basis of accounting . Under this method , revenues are generally recognized in the period they become available and measurable, and expenditures are recognized generally when the obligation is incurred except for interest on long-term debt which is recognized as an expenditure when due. General fixed assets - Land , equipment , structures and improvements purchased by the District are stated at cost in the general fixed asset group of accounts . Assets donated to the District are stated at their estimated fair market value as of the date received . Depreciation is not recorded for fixed assets . Long-term debt - The principal portion of long-term debt is recorded as a liability in the general long-term debt account group . 2. FIXED ASSETS The changes in the general fixed assets account group for the year ended June 30 , 1986 are as follows : Additions Balance (Net of Balance July 1, 1985 Retirements) June 30 1986 Land $57 ,276 ,706 $ 7 ,289,290 $64,565 ,996 Equipment 310,795 59 ,626 370)421 Structures and improvements 378,112 57 ,303 435)415 Total $57 ,965 ,613 7 ,406 ,219 $65 ,371 , 2 All fixed asset additions during fiscal 1986 were acquired through general fund expenditures . A-4 In conjunction with the purchase of a certain parcel of land during 1986 , the District received an option to acquire an additional 2,100 acres for a proximately $12 million . The option requires payments of $300,000, $350,000, and $400,000 on or before August 15 , 1986 , 1987 and 1988 , respectively. In August 1986 , the District made the first payment of which $100,000 will be applied to the purchase of the first option parcel . If the District fails to make any of the above option payments , it forfeits all previous payments made . 3. LONG-TERM DEBT Long-term debt issued to acquire land , equipment , structures and improvements is recorded in the general long-term debt account group. The changes in the account group for the year ended June 30, 1986 are as follows : Long-term debt , July 1 , 1985 $17 ,576 , 292 Proceeds from issuance of notes payable 3, 313, 200 Principal retirements (3,468 ,809) Long-term debt , June 30 , 1986 $17 .420 ,683 Long-term debt bears interest at rates from 6%, to 11%. The weighted average interest rate of debt outstanding at June 30, 1986 is 7 .94%. Maturities of long-term debt are as follows : Year Ending June 30: Principal 1987 $ 3, 350,441 1988 3,027 ,101 1989 2, 228 ,981 1990 1 ,951 ,729 1991 1 ,868 ,531 Thereafter (through 2001) 4,993 ,900 Total $171420 ,683 Land with a cost of approximately $19 ,700,000 is pledged as collateral for the long-term debt . Cash of $2, 676 ,552 is restricted by the terms of certain promissory notes . Interest earned on such funds is unrestricted . On July 1 , 1986 , the District issued $9,500 ,000 of promissory notes with interest rate between 5% and 7 . 2% based upon the term of the note . Interest on the notes will be payable semi-annually. A-5 These notes mature as follows: Year ending June 30: Principal 1987 $ - 1988 710)000 1989 880,000 1990 925,000 1991 980,000 Thereafter (through 1995) 6 )005 ,000 The notes are subject to optional redemption prior to maturity, in whole or in part, on December 15 , 1991 , and on each interest payment date thereafter. 4 . LEASE OBLIGATIONS Office facilities are leased under a five-year operating lease expiring in fiscal 1991 . Minimum annual rental pa ments are as follows : 1987 , $79 ,690; 1988, $103 ,781 ; 1999 , $108 ,970; 1990 , $114,419; 1991, $73 ,705 . 5 . RETIREMENT PLAN District employees participate in the Public Employees ' Retirement Fund (the Fund) of the State of California' s Public Employees Retirement System (PERS) . The Fund , a multiple-employer defined benefit retirement plan , is administered b� elected by PERS membership a Board of Administration composed of individuals (1 , (2) appointed by elected State of California officials , and (3) specific elected State of California officials . The Fund provides retirement, disability, and death benefits . Such benefits are based on the employees years of service , age , and final compensation. Employee ' s vest after five years of service and are eligible to receive retirement benefits at age 50 . Contributions to the Fund for fiscal 1986 totaled $73,954. The actuarially computed value of vested benefits and plan assets is not available. 6. LEASE REVENUES The District leases certain land and structures to others under operating leases with terms varying from one to eighteen years . In addition, in connection with the acquisition of the Skyline Open Space Preserve in fiscal 1982 , the District leased back to the sellers for their lifetimes (maximum term of 50 years) the structures comprising a ranch compound . A-6 Lease revenue received was approximately $216,000 in fiscal 1986 . Future minimum lease revenues are not expected to be significant . 7 . GIFTS During fiscal 1986 the District received gifts and project contributions of $115 ,000 from the town of Los Gatos . The funds were used to acquire specific property parcels . 8. LITIGATION The District is named in certain claims and litigation. It is the opinion of management, after consultation with counsel , that the liability, if any, resulting therefrom will not have a material effect on the District ' s financial position. A-7 [This Page Intentionally Left Blank] 'i APPENDIX B ! GENERAL AND ECONOMIC INFORMATION SANTA CLARA COUNTY AND SAN MATEO COUNTY I I Introduction I I' Santa Clara County is located below the southern point of San Francisco Bay and covers a total land area of over 1,300 square miles or about 847,000 acres. Two distinct valleys are created by the hill formation of the Santa Cruz Mountains and the Diablo Range. These two areas are known locally as "North County" and "South County". South County has retained the agricultural base which once characterized the entire area. North County is densely populated, extensively urbanized and heavily industrialized. Most of North County is now referred to as "Silicon Valley" because of the concentration of electronics companies throughout the area. r I San Mateo County is located on the San Francisco Peninsula. The I, coastal mountains run north and south through the County dividing the lightly populated coastal area from the more heavily developed eastern corridor between San Francisco and San Jose. San Mateo County attracted businesses at a fast pace during the 1960s with its suburban atmosphere and convenient access to nearby population centers. The County is characterized by manufacturing, engineering and technical-product firms located along the Bay, with commercial and residential areas stretching westward into the foothills. ii Transportation facilities in the Counties include San Francisco International Airport, a small deepwater port in Redwood City and freeway j and bridge connections to nearby ports and airports in San Francisco, San Jose and Oakland. ! In addition to their own extensive range of manufacturing, professional, service, and academic employers. the Counties provide an important residential base for the financial, trade, commercial, and industrial companies located in San Francisco. The District extends from 20 to 40 miles south of San Francisco. Population I Santa Clara County is the most populous of the nine San Francisco Bay Area counties. The County's population has been growing at a fast pace i since 1960, and between 1960 and 1984, Santa Clara County's population has more than doubled. B-1 Irl San Mateo County population estimates indicate a slower growth than Santa Clara County and since 1960, San Mateo County's population has increased by slightly more than a third. j I Table 10 shows population estimates for the last five years for both Santa Clara and San Mateo Counties. The population within the Midpeninsula Regional Open Space District was estimated by the District in 1986 to be approximately 579,000. I TABLE 10 POPULATION STATISTICS SAN MATEO AND SANTA CLARA COUNTIES I 1982 1983 1984 1985 1986 Midpeninsula Regional I Open Space District(1) n/a n/a 563,000 n/a 578,915 San Mateo County(2) 591,900 600,200 603,600 614,100 617,100 Santa Clara County(2) 1,313,100 1,344,300 1,365,100 1,390,900 1,403,100 h Source: (1) Midpeninsula Regional Open Space District (2) California State Department of Finance, Population Research y Economic Characteristics Santa Clara County ranks second only to Los Angeles County as the most important manufacturing center in California. The reputation and importance of the "Silicon Valley" electronics industry has focused a } great deal of domestic and international media attention on the area. Electronics and related high technology industries dominate the i manufacturing sector by providing approximately 75% of the jobs in this category. Development of the high technology industries has been enhanced by the area's proximity to Stanford University and other institutions of higher education and such research and development organizations as SRI International (formerly the Stanford Research Institute) . Both Stanford University and SRI International are located within the District. Much of the expansion in the various sectors of j Santa Clara County, such as wholesale and retail trade, services and construction is related to the growth of the high technology industries. San Mateo County's diversified economy includes construction, 1 manufacturing, transportation, communications, retail and wholesale trade, financial services and government employment. Forty-eight of the nation's top 100 industrial firms are either headquartered or have branch offices in San Mateo County. The two major growth industries affecting I I I B-2 I San Mateo Count the decade have n y over past e been the high technology and office sectors. The San Francisco Bay Area's principal airport, San �f Francisco International Airport, is located within San Mateo County. Table 11 shows the actual unemployment rates for both Counties for 1982 through 1986. i i TABLE 11 f CIVILIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT SAN MATEO AND SANTA CLARA COUNTIES Annual Averages (1982 - 1986) f f Santa Clara County 1982 1983 1984 1985 1986 Civilian Labor Force(1) 842,100 860,900 803,900 812,300 808,400 Employment 771,100 812,600 761,200 764,800 767,000 + Unemployment 71,000 48,300 42,700 47,500 41,400 Unemployment Rate(2) 8.4% 5.6% 5.3% 5.8% 5.1% San Mateo County j 1982 1983 1984 1985 1986 t Civilian Labor Force(1) 313,700 315,300 331,900 332,700 339,200 Employment 291,600 299,400 317,700 319,500 327,900 Unemployment 22,100 15,900 14,200 13,200 11,300 Unemployment Rate(2) 7.0% 5.0% 4.3% 4.0% 3.3% (1) Labor force by place of residence. Employment includes persons involved in labor-management trade disputes. i (2) The unemployment rate is computed from non-rounded data; therefore it may differ from rates calculated by using the rounded figures in this table. I' I Source: State of California Health and Welfare Agency, Employment Data and Research i Taxable sales and the number of sales permits issued in each County since 1980 are shown in Table 12. Both the number of permits issued and the total valuation of taxable transactions have increased each year. i Major commercial centers located in the Counties include the Stanford Shopping Center in Palo Alto, Eastridge Mall in San Jose, Vallco Fashion Park in Cupertino, San Antonio Shopping Center in Mountain View, Fashion Island Shopping Center in Foster City and Hillsdale Mall in San Mateo. i `I B-3 'i i i TABLE 12 TAXABLE SALES AND NUMBER OF SALES PERMITS SAN MATEO AND SANTA CLARA COUNTIES I 000's) Santa Clara County San Mateo County No. of Taxable Percent No. of Taxable Percent Year Permits Steles Increase Permits Sales Increase I 1980 35,114 $ 8,593.6 10.3% 16,889 $4,073.3 9.2% 1981 36,735 9,495.7 10.5% 17,253 4,450.6 9.3% 1 1982 39,202 9,986.0 5.2% 18,058 4,622.7 3.9% 1983 40,385 11,533.0 15.5% 18,918 5,051.4 9.3% 1984 41,296 13,668.6 18.5% 19,661 5,916.7 17.1% 1985 42,370 13,803.3 9.8% 20,539 6,332.8 7.0% 1986(l) 44,391 10,142.9 21,130 4,592.6 4 (1) Through third quarter only, j I Source: California State Board of Equalization f i Major employers in each County, ranked by employment size, are shown f in Table 13. Santa Clara County's major employers, led by Lockheed Missiles & Space Company, Hewlett-Packard and IBM, are active in the high technology, aerospace and electronic industries. Many of these companies 4 are the resident hardware and software producers of "Silicon Valley". San Mateo County's employment base includes the San Francisco International Airport, which employs over 20,000 persons, and several electronics manufacturers, medical facilities and research organizations. 1 r 1 2 I 1 i I B-4 i i �I TABLE 13 l MAJOR EMPLOYERS AS OF 1986 SANTA CLARA AND SAN MATEO COUNTIES (Firms Ranked by Employment Size) Employers Location No. of Employees t SANTA CLARA COUNTY: Lockheed Missiles & Space Co. Sunnyvale 30,202 Hewlett-Packard Palo Alto 18,000 IBM Corporation San Jose 17,500 County of Santa Clara San Jose 10,333 Stanford University Palo Alto 9,300 I National Semiconductor Santa Clara 91000 Moffett Naval Air Station Mountain View 6,500 NASA/Ames Moffett Field 5,842 FMC Corporation San Jose 5,789 Advanced Micro Devices Sunnyvale 5,039 Ford Aerospace Palo Alto 4,900 Intel Santa Clara 4,500 Pacific Bell San Jose 4,500 City of San Jose San Jose 4,399 Syntex Laboratories Palo Alto 4,218 Memorex Santa Clara 4,000 Rolm Corporation Santa Clara 4,000 i Amdahl Sunnyvale 3,800 Westinghouse Corporation Sunnyvale 3,200 General Electric Company San Jose 3,000 SAN MATEO COUNTY: United Airlines San Francisco Int'1 Airport 8,000 r Raychem Corporation Menlo Park 3,700 Veterans Admin. Medical Center Menlo Park 3,500 U.S. Sprint Burlingame 3,500 SRI International Menlo Park 2,900 Pan American Airways San Francisco Int'1 Airport 1,700 Stanford Linear Accelerator Menlo Park 1,572 Seton Medical Center Daly City 1,500 Mills Peninsula Hospital Burlingame 1,325 American Airlines San Francisco Int'1 Airport 1,300 Dalmo Victor (Textron) Belmont 1,250 f Ampex Corporation Redwood City 1,200 Mills Peninsula Hospital San Mateo 1,150 Sequoia Hospital Redwood City 1,145 !, Litton Industries (Electronic Tube Division) San Carlos 1,020 A & B Universal Service Foster City 11000 Raiser Foundation Hospital Redwood City 11000 ? Raiser Foundation Hospital South San Francisco 11000 Trans World Airlines San Francisco Intl Airport 1,000 Visa USA, Inc, San Mateo 11000 Western Airlines San Francisco Int'1 Airport 1,000 ? Sources: San Jose Chamber of Commerce and San Mateo County Development Association B-5 i Construction After both Counties experienced declines in construction activity during the economic recession of 1983, construction activity rebounded strongly in 1984 and 1985. Santa Clara County has experienced exceptionally strong growth in the construction of residential units, while San Mateo County showed very strong growth in non-residential construction, as indicated in Table 14. Table 14 BUILDING PERMIT VALUATION ($ 000's) Through Type 1981 1982 1983 1984 1985 Nov l_ er SANTA CLARA COUNTY: Residential: New single dwellings $ 149,018 $ 251,645 $131,526 $ 314,646 $ 373,998 $321,940 New multi-dwellings 76,477 165,661 42,545 143,679 245,487 164,406 Additions/alterations 66,840 80,187 64,201 78,724 92,622 93,943 Total Residential $ 292,335 $ 497,493 $238,272 $ 537,049 $ 712,107 $580,289 Non-Residential: New commercial $ 158,248 $ 174,110 $152,979 $ 297,088 $ 379,884 $ 15,696 New industrial 365,151 303,359 188,907 523,924 232,241 3,962 Other 59,019 54,326 51,037 52,487 64,466 2,728 Additions/alterations 269,654 454,316 205,739 317,330 378,110 27,721 Total Non-Residential $ 843,072 $ 986,111 $598,662 $1,190,829 $1,054,701 $ 50,107 TOTAL VALUATION $1,135,407 $1,483,604 $836,934 $1,727,878 $1.766.808 $630,396 Number of New Dwelling Units Single dwellings 1,997 2,968 1,862 3,789 3,827 2,908 Multi-dwellings 1,705 4,337 11080 3,471 5,641 4,012 Total Units 3,702 7,305 2,942 7,260 9,468 6,920 SAN MATEO COUNTY: Residential• New single dwellings $ 66,640 $ 66,959 $ 37,280 $ 98,082 $142,114 $161,770 New multi-dwellings 20,297 26,833 32,043 60,098 41,246 97,471 Additions/alterations 54,854 69,982 55,279 58,634 60,870 76,468 Total Residential $141,791 $163,774 $124,602 $216,814 $244,230 $335,709 Non-Residential: New commercial $135,850 $ 63,331 $ 79,031 $ 87,916 $206,878 $ 1,320 New industrial 25,969 18,033 7,194 16,691 20,007 11198 Other 14,049 17,262 18,416 10,097 18,839 559 Additions/alterations 53,518 7 8 742 78,737 5960198,048 5,009 9 Total Non-Residential $229,386 $186,368 $164,242 $193,441 343,772 8,0 $ $ 86 TOTAL VALUATION $371,177 4 350,142 $288,8 4 $410,255 588,002 1343,795 Number of New Dwelling Units Single dwellings 593 677 317 816 1,213 11199 Multi-dwellings 391 434 568 -,193 862 11911 Total Units 984 17,111 885 2,009 2,075 3,110 Source: Security Pacific Corportation, The Economics Group: "California Building Permit Activity" B-6 't i' + i Agriculture I l Santa Clara County was once a leading producer of apricot, cherry and prune crops. However, recent industrial development and urbanization have displaced most of the agricultural land. Most of the remaining agricultural acreage is found around the communities of Gilroy and Morgan Hill. Major crops include cut flowers, wine grapes, mushrooms and nursery stock. Dairy products and seasonal crops including tomatoes, + bell peppers, strawberries, prunes, walnuts and garlic provide the balance of agricultural production in Santa Clara Count i 9 P Y• i San Mateo County is a national leader in the production of ornamental flowers and nursery products. This industry, which accounts for about 80% of total County revenue from agriculture, developed in the County due to the favorable climate and proximity to the San Francisco International Airport. The industry is located in the western part of the County, particularly around the communities of Half Moon Bay and Pescadero. Transportation Transportation has played a vital role in the Bay Area's growth as an economic center. Seven general purpose ports located in the area and numerous special purpose facilities serve manufacturing industries and facilitate distribution to world markets. The San Francisco Bay Area is the western terminus for three transcontinental railroads. An extensive r network of freeways serve the area. The Bay Area's network of freeways and expressways provides the peninsula industries access to regional, national and international markets. U.S. 101, a parallel route along the Bay, and a major north-south highway between San Francisco and Los Angeles, provides access to the deep sea ports at San Francisco and Redwood City, and to air passenger and cargo facilities of San Francisco International and San Jose Municipal Airports. Interstate Highway 280 traverses the ridge of the peninsula and joins U.S. 101 in San Francisco. Additional north-south transportation is provided by Interstate 5, the major national highway reaching north to Canada and south through San Diego, and State Highway 82. Principal routes connecting the peninsula with the East Bay's air and sea ports are State Highway 17, Interstate Highway 680 and the San Mateo, Dumbarton, and San Francisco-Oakland Bay Bridges. The main coast line of the Southern Pacific Railroad traverses Santa Clara County, providing connections to San Francisco, Oakland, and Los Angeles, Commuter passenger service is operated on the Southern Pacific between San Jose and San Francisco. In addition to local bus service, cities in the District are served by Santa Clara County Transit System, San Mateo County Transit District and Greyhound Bus Lines. The Bay Area Rapid Transit System ("BART") j B-7 I provides passenger rail service within Contra Costa, Alameda, San Francisco and northern San Mateo Counties. ti a San Francisco International Airport, located in San Mateo County, is served by all major scheduled aircarriers. Metropolitan Oakland International Airport is served by eight scheduled airlines and two large supplemental carriers. The San Jose Municipal Airport is served by twelve airlines. General aviation airports include Reid-Hillview in San Jose, South County Airport, Palo Alto Airport, San Carlos Airport, and Half Moon Bay Airport. Water transportation is provided by the international water 1 transportation complex of the San Francisco Bay; major p p y• � ports include the Port of Oakland, Port of San Francisco, and Port of Redwood City. Education In 1983 approximately 320,000 students attended classes in Santa Clara County's 224 elementary, 50 middle and 48 secondary public schools. In San Mateo County about 79,000 students attended schools administered by 17 elementary, three high school and three unified school districts. Institutions of higher education include Stanford University, the University of Santa Clara, San Jose State University, and nine public community colleges. i 1 4 { { f l t 5 i 1 1 I A 1 1 I i i B-8 l i APPENDIX C II I Board of Directors Midpeninsula Regional Open Space District Santa Clara and San Mateo Counties, California Midpeninsula Regional Open Space District 1987 Promissory Notes (Santa Clara and San Mateo Counties, State of California) (Final Opinion) Dear Directors: We have acted as bond counsel in connection with the li issuance by the Midpeninsula Regional Open Space District (the "District" ) of $21,200, 000 aggregate principal amount of Midpeninsula Regional Open Space District 1987 Promissory Notes (the "Notes" ) under and by authority of Article 3 of Ij Chapter 3 of Division 5 of the Public Resources Code of the State of California, as amended to date, and all laws amendatory thereof and supplemental thereto (the "Law" ) , and under and pursuant to the provisions of Resolution No. 87-09 adopted by the Board of Directors of the District on March 11, 1987 (the "Resolution" ) . In such connection, we have examined the record of proceedings submitted to us relative to the issuance of the Notes, including the Resolution, certifications of the District and the Paying Agent appointed under the Resolution and others as to certain factual matters, and such other documents and matters deemed necessary by us to render the opinions set forth herein, although in doing so, we have not undertaken to verify independently the accuracy of the factual matters represented, warranted or certified therein, and we have assumed the genuineness of all signatures thereto. I. The opinions expressed herein are based on an analysis of existing laws, regulations, rulings and court C-1 Ii ti decisions and cover certain matters not directly addressed by such authorities. Such opinions may be affected by actions taken or events occurring after the date hereof, and we have neither undertaken to determine whether any such actions or events are taken or occur nor to inform any person thereof. Furthermore, we have assumed compliance with the agreements and covenants contained in the Resolution and in certain other documents, including (without limitation) agreements and covenants compliance with which is necessary to assure that future actions and events will not cause interest on the Notes to be includable in gross income for federal income tax purposes. In addition, we call attention to the fact that the rights and obligations under the Notes and the Resolution are subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights, to the application of equitable principles and to the exercise of judicial discretion in appropriate cases. Based on and subject to the foregoing, and in reliance thereon, as of the date hereof, we are of the following opinions: 1 . The District has lawful authority for the issuance of the Notes, and the Notes constitute the legal, valid and binding obligations of the District. 2 . The Resolution has been duly and legally adopted and constitutes a valid, legal and binding obligation of the District. The District has agreed and covenanted in the Resolution, as authorized by and subject to the Law, that until the interest on and the principal of the Notes are paid in full or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet all payments of the interest on and the principal of the Notes as they become due, it will annually set aside a portion of the limited ad valorem taxes levied upon all taxable property in the District by the Board of Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County, and allocated to it under applicable law (or other legally available funds of the District) , sufficient to pay such interest and principal that will become due before the proceeds of a tax levied at the next general tax levy will be available for such purposes. C-2 3 . The Notes are limited obligations of the District and the interest on and the principal of the Notes shall, as authorized by and subject to the Law, be paid only from limited ad valorem property taxes levied upon all taxable property in 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, or from other funds legally available therefor. The full faith and credit or taxing power of the District is not pledged for the payment of the interest on or principal of the Notes, and the Notes are not secured by a legal or equitable pledge of, or charge, lien or encumbrance upon, any property of the District or any of its income or revenue. 4. Interest on the Notes is excluded from gross income for federal income tax purposes under section 103 of the Internal Revenue Code of 1986, as amended, and is exempt from California personal income taxes. Interest on the Notes is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, although we observe that it is included in adjusted net book income and adjusted current earnings when calculating corporate alternative minimum taxable income. We express no opinion regarding the other federal income tax consequences caused by the receipt of interest on the Notes. We remain, dear directors, Faithfully yours, ORRICK, HERRINGTON & SUTCLIFFE per C-3 R-87-45 (Meeting 87-05 March 11, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 5, 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Comprehensive Use and Management Plan for the Los Gatos Creek Park (former Novitiate property) Recommendation: I recommend that you tentatively adopt the Comprehensive Use and Management Plan for the former Novitiate property as contained in this report, including the naming of the site. In addition, I recommend that the Comprehensive Use and Management Plan be submitted to the Town of Los Gatos for review and comments before returning to you for final adoption. Introduction: Los Gatos Creek Park was acquired by the District and the Town of Los Gatos September 12, 1984 . At that time you considered an interim Use and Management Plan that was adopted November 14 , 1984 (see reports R-84-40 of September 5, 1984 and M-84-92 of November 7 , 1984) . On October 8 , 1986 you acquired an addition to the site, former flume right-of-way from San Jose Water Company, and considered an Interim Use and Management Plan that was adopted November 12, 1986 (see reports R-86-88 of September 29, 1986 and R-86-99 of October 22, 1986) . Following acquisition and prior to October 1986, the site remained closed to public use while survey work and fence construction between the remaining Los Gatos Novitiate property and the Preserve were being completed. During this time, and following the opening of the site, staff conducted field studies. Staff recently held an on-site public workshop to assist in the preparation of this Comprehensive Use and Management Plan. Site Description and Use The site consists of 170 acres and is located directly south of the Town of Los Gatos. It is roughly L-shaped with steep west-facing slopes above State Highway 17 and south-facing slopes descending to Lexington Reservoir. The terrain is comprised of gently sloping grassy hillsides near the upper portion of the site, and steep, densely wooded hillsides near the southern and western boundaries. The prominent natural feature of the area is St. Joseph's Hill, which has an elevation of 1100 feet, 600 feet above the public parking area situated near the Lexington Reservoir dam. The site is bounded by the County Park on the south, Los Gatos Creek and the Los Gatos Creek Trail on the west, and private property to the north and east. (Refer to attached regional map! Exhibit A. ) The site has signs of an abandoned vineyard on the upper slopes and a number of existing and obscure roadbeds. One road of particular historical signi- ficance is the Jones Trail, which extends southerly from Jones Road in the Town of Los Gatos to Lexington Reservoir. From the mid-1800 's until 1925 R-87-45 Page Two this narrow and steep stage road connected Los Gatos to the towns of Lexington and Alma. Both towns were covered by water when the reservoir was built in 1952 . The Los Gatos Novitiate, established about a hundred years ago, used St. Joseph's Hill for cultivating grapes. The hill was later used for cattle grazing. In more recent years , and prior to the acquisition of the site, the roads and trails were well used by local hiking, running, and bicycling enthusiasts. Although the site was formally closed for two years , local residents continued to use the area. A popular running trail, which originated near the Novitiate building complex and passed over St. Joseph' s Hill to Lexington Reservoir, was severed by the acquisition and subsequent fence construction project in the spring of 1985. This caused great concern among the runners and bicy- clists. Later in the summer of 1986 , the old Jones Trail alignment was blocked off when the fence construction was finally completed. Recognizing that a realignment of the Jones Trail was the only viable route to provide easy access to the Town residents , trail construction was undertaken and completed before blocking the old route. Unfortunately, segments of the new trail had to be built on excessively steep sideslopes , with areas of very narrow tread that is subject to extreme sloughing. Upon completion, it was determined that the trail was not suitable or safe for unrestricted multipurpose use. For this reason, a portion of the trail was temporarily closed to bicycles while the District examined alter- natives and developed this Use and Management Plan. Temporarily closing the trail to bicycles caused local bicyclists to become angry, resulting in the District receiving approximately 40 letters of protest. On October 18 , 1987 the District and Town hosted an opening celebration for the Preserve. The event consisted of a docent-led hike, a dedication cere- mony with guest speakers from the Town and District, and an informal picnic. Approximately 150 people attended and were acquainted with the Preserve and its recreational opportunities. . Since the opening of the site in October of this year, public use has in- creased from both the Lexington Reservoir area and Jones Road. The majority of use is by hikers , bicyclists , and runners . Many bicyclists have disre- garded the "No Bicycle" signs along Jones Trail and continue along the closed segment of the trail. In addition, there has been an inordinate amount of vandalism to the signs , boundary fence , and bridge along the Jones Trail. Elsewhere on the site there are occasional problems with illegal camping, fires , and late night use. Planning Considerations The site is located within the unincorporated area of Santa Clara County and the Sphere of Influence of Los Gatos . The northern portion of the property is zoned to allow 5 to 40 acres per dwelling unit and the southern portion to allow 20 to 160 acres per dwelling unit. Currently, the Town of Los Gatos is considering prezoning the property from Hillside Residential to Resource Conservation. This is an initial step toward the Town 's proposed annexation of the site. Under the terms of the Joint 'Powers Agreement with the Town of Los Gatos , as amended October 10 , 1982 (see report R-84-42 of October 3 , 1982) , the Town is required to take all steps necessary to annex the property so as to provide better for joint planning, development, maintenance, and patrol. When the prezoning is approved, the proposed annexation will be referred to LAFCO for further consideration. The Joint Powers Agreement between the Town and District contains provisions for the Town to review and approve any site development and use proposals. R-87-45 Page Three Under the terms of the Agreement, the District may be required to submit an application for design review, if the Town deems it necessary. The review process would then take up to 60 days . Under the Agreement, the Town and the District will fund equally all improvements and replacement of improvements . The proposed Guadalupe College project on the adjacent Sisters of Charity property received a conditional use permit in the fall of 1987 . The project 's future depends on the applicant 's ability to meet 71 conditions , including a major condition of providing for safety features at the intersection of Highway 17 and Alma Bridge Road. A condition of more direct consequence to the District is the requirement to construct an access road from Alma Bridge Road through the Preserve to the proposed college facility. The Sisters of Charity hold a non-exclusive right in perpetuity to develop the road along an existing easement and the right to construct a parking area to accommodate up to 163 vehicles . The conditions require that the road be constructed to pub- lic use standards , but to be used only by vans transporting students and col- lege personnel until an interchange on Highway 17 is constructed. Following completion of the interchange, the road could potentially be used for public vehicular access. Under the current conditions , the College will be solely responsible for the maintenance of the road, but if the road is opened to the public in the future, the District would become partially responsible for maintenance or the Town could consider incorporating the road into its public road system. Other conditions of note which have been placed on the applicant include 1) restricting the parking capacity to 61 parking spaces , 2) gating the en- trance to the proposed road at Alma Bridge Road, 3) requiring the removal from the site of all excess excavated material , and 4) providing a trail ease- ment on the southern portion of their property, which will eventually provide a connecting trail to the Sierra Azul Preserve. Another planning consideration is the interrelationship of the site 's plan to the recently proposed Lexington Reservoir Master Plan. The Master Plan, which has been adopted by the Santa Clara County Parks and Recreation Commission, addresses the long-term development and use of the reservoir area, including the surrounding hillside region. Although the focus of the plan is on water- orientated recreation, there are provisions for staging areas and trailheads to serve the regional trail system. The Master Plan is comprised of immediate, short-term, and long-term improve- ments . The immediate and short-term phase improvements are to proceed prior to anticipated construction of the Highway 17 interchange to provide reason- able and immediate solutions to current problems . The improvements in the first two phases that would most benefit the use of the District 's site include the development of an off-road parking lot near the dam and a connecting path- way system. The parking lot will accommodate 200 vehicles , including provi- sions for equestrian parking and a pathway that will connect to the Los Gatos Creek Trail and the trailhead leading to the Preserve, across from the boat launch area. A parking fee collection system is proposed at the parking lot entrance. In the long term, a fee collection station is proposed near the beginning of Alma Bridge Road, which will require users of any of the District trails in the reservoir area to pay a fee to the County for parking. The parking area adjacent to the boat launch area will remain reserved for vehicles with boat trailers during the boating season in the short-term plan. In the long term, the boat launch facility will be relocated to provide for a swimming area, at which time the adjacent parking area may be available for Preserve users. The Master Plan also addresses the need for a pedestrian connection between R-87-45 Page Four the Montevina Road side of Highway 17 and the park proper to accommodate the increasing number of visitors wishing to cross. This is important in the planning of future connections to the El Sereno Preserve, Sanborn County Park, and the proposed Bear Creek Redwoods State Park. A final planning consideration involves the incorporation of public and organ- izational comments into the planning process. On January 31, 1987 , a public workshop was held on-site to discuss all aspects of the Use and Management Plan. A summary of the concerns and comments expressed at that time is attached (see Exhibit B) . Generally, they focused on the question of reintro- ducing bicycle use on the Jones Trail, the potential impacts of the Guadalupe College project, and access limitations at the end of Jones Road. Other pub- lic comments have been received in correspondence over the past three months, most of which express concern over the closure of the Jones Trail to bicycle use. The controversial issue of bicycle use on the Jones Trail was referred to the Midpeninsula Trails Council in October 1986 . A field study was held to exam- ine the condition of the newly constructed segment of the trail, and a commit- tee was formed to formulate recommendations to be presented to District staff and Board (see Exhibit C) . The committee was comprised of bicyclists , eques- trians , hikers , and runners . Their recommendation is to reinstate bicycle use on a trial basis in the uphill direction only. As a result of attempting to resolve this isolated matter, they recognized the need to examine trail conflict issues on a broader scale and hope to formulate general guidelines for trail use which may be helpful to all South Bay public agencies involved in trails planning. Use and Management Plan The following discussion and recommendations represent a comprehensive Use and Management Plan. A Use and Management Plan summary chart is attached (see Exhibit D) outlining the proposed site improvement projects , antici- pated implementation schedule, and estimated funding. The chart also sum- marizes the status of preliminary plans which were adopted at the time of acquisition of former Novitiate property and land of the San Jose Water Company (see reports R-84-4 of September 5 , 1984 and R-86-99 of November 12 , 1986) . A. Access and Circulation The regional access for the site will continue to be accommodated via the parking area and trailhead at the Lexington Reservoir County Park. Secon- dary or neighborhood access is available at the end of Jones Road. Some local Los Gatos residents object to the lack of parking at or near the beginning of the Jones Trail, because it is inconvenient to drive around to County Park to access the Preserve. In the past, there has been strong neighborhood objection to providing any staging facilities on the Town 's property at the terminus of Jones Road. Now that this property serves as a gateway to a much larger resource, it may be necessary for the Town to re-evaluate the need for limited development of this site in order to serve local residents better. Staff 's analysis of the potential problems and hazards of multi-use on the Jones Trail has been exhaustive. The recently constructed bypass trail has side slopes in excess of 500 , a trail pad approximately 3 to 4 feet in width with linear slopes in excess of 150 , and numerous turns with poor visibility. Each of these factors in itself is usually a determinant for prohibiting multi-purpose use, based on a public agency 's responsibility to provide safe public access and minimize liability. R-87-45 Page Five In situations like this , most park agencies limit use to the slowest and potentially least hazardous types of use such as hiking and horseback riding. The consideration here is that an irresponsible hiker most likely will not create as hazardous a situation to another park user as will an irresponsible runner or bicyclist whose speed could cause a serious accident. Restricting trail use has its problems, particularly when a restricted user group has established a patter of use that is seriously threatened. On the Jones Trail, the bicyclists and runners had used the old alignment of the trail for a number of years while the property was under private ownership. When the trail was rerouted due to the fence construction and closed temporarily to bicycle use to allow time for site analysis, the bicyclists initiated use of the new segment, ignoring the signing which prohibits their use. This action is an example of a continuing disregard of District ordinances in that area no matter how unrestrictive their nature. The resulting problem of hikers , runners, and bicyclists allegedly meeting dangerously on the narrow, steep, and windy section of trail has been called to our attention by a few park visitors. Given the fact the area receives little publicity at this time, but is anticipated to become more widely publicized in the near future, it is safe to assume that the number of occurrences of this type will increase, and the likelihood of an acci- dent will, therefore, be greater. Discussions with the Midpeninsula Trails Council (MTC) and a review of their recommendations have raised two key issues which deserve attention. The first is a question of whether or not the responsible bicycle user or runner should be restricted on narrow hilly trails because of the irresponsibility of a minority of bicyclists and runners. It is true that an educational approach to trail etiquette can reduce the potential haz- ard involved with irresponsible use, but it can by no means eliminate it. Therefore, to minimize the District 's liability, site planning must heavily consider the potential irresponsible actions of a few. In other words, the District cannot ignore potential hazards such as this and say that a small number of personal injuries, is acceptable. The second issue relates to the rapidly increasing number of trail clo- sures to bicycle use throughout the Bay Area. This is largely due to the liability problem but also has to do with the expense associated with implementing or enforcing limited use trails (one-way trails , walking zones, speed limits, permits , or restricted hours or days of use) . This type of use, whether on a trial or permanent basis , requires a good deal of site surveillance, monitoring, education, and site improvements . A common complaint of single-interest user groups such as bicyclists is that the limited use approach is not applied, at least on a trial basis , to determine its effectiveness as an alternative to trail closures . Currently there is no information or data available from other park agen- cies as to the effectiveness or costs associated with implementing a limited use policy on multi-use trails . Most agencies speculate that it is implausible to think that a user group will educate themselves 'and abide by the limiting regulations such as a walking zone or one-way traf- fic. Given the current disregard bicyclists have for the temporary clo- sure, this speculation would appear to be a valid assumption. On the other hand, it is conceivable that given an acceptable alternative, the bicyclists may place the burden upon their user group to ride by the rules. R-87-45 Page Six Since the results of limiting multi-use are not entirely known and can have far reaching affects on comprehensive trails planning in the future, it appears that the information regarding the effectiveness and costs of such use should be investigated. This would not only benefit the MTC in developing general trail standards , as mentioned in their letter, but the District as well in developing its trail use policies and guidelines. Establishing a trial program at the Jones Trail will give both the District and the user groups a strong indication of what to expect in the long term in the way of restrictions on multi-use trails . The decision to recommend a trial program for bicycle use on the Jones Trail has not been fully supported at a staff level as noted in the attached memorandum from J. Boland to D. Hansen (Exhibit E, dated February 20 , 1987) . New or Revised Use and Management Recommendations 1. The Jones Trail will be reopened on an 8-month trial basis to bicycle use with limitations and remain open to runners under the same lim- iting conditions. An 1-800 foot segment of the trail consisting of the recently constructed Steep and narrow section from approximately 350 feet south of the Preserve 's northerly boundary up to where the trail widens to road width will be restricted to a walking zone (see attached detailed map, Exhibit F) . A barrier similar to the equestrian stile, and an appropriate sign will be placed at the beginning and end of this walking zone to define clearly the restricted area. The highly visible barriers and signs will be placed on straight sections of the trail where there is a clear line of sight. A preserve regulatory sign briefly explaining the limited use, and site maps defining the restricted area will be available at both the Jones Road and Lexington Reservoir entrance. The Midpeninsula Trails Council will be asked to assist the District with the weekend monitoring of the limited use area. Statistics will be kept by both MTC and the District on the number of infractions over the eight month period. Monthly informa- tional reports will be presented at the Board meetings. The burden of educating running and bicycling groups, outside of the District ' s signing and brochure program, will be placed upon local user-group organizations with cooperation from the District staff. The Jones Trail from the Town 's property to the junction of the road leading to the reservoir will remain closed to equestrians . This use would be inappropriate since the trail would only lead equestrians into a developed neighborhood. 2 . The parking and trailhead in the vicinity of the Lexington Reservoir dam will serve as regional access to the site. Secondary access at Jones Road will not be encouraged at this time, but staff will support local residents in their endeavors to develop neighborhood parking in this area. Site maps will indicate that there is no public parking at the end of Jones Road. 3 . A few roads and trails which are parallel to nearby routes and serve the same purpose will be allowed to revert to a more natural condition. Discing and seeding will be implemented in areas deserving special attention. The trail routes to be maintained on a permanent basis are shown on the attached detailed map, Exhibit F. These trails will be open to hikers , equestrians , bicyclists , and runners . 4. Staff will monitor the proposed development plans for the Guadalupe College site and the Lexington Reservoir County Park to promote the R-87-45 Page Seven District 's interests in providing trail connections to adjacent pub- lic lands . 5. A 1000 foot segment of trail will be constructed connecting the top of St. Joseph's Hill to the existing trail leading to the former rifle range. This will eliminate the need to retain the steep, erodable foot paths which exist on this sideslope. B. Signing Site identification signing may be difficult, since the Preserve boundaries do not abut public traffic ways . Any identification signs which will encourage and assist visitor access to the Preserve will have to be placed on the Town and County Park property with the cooperation of these respec- tive agencies . The signing within the site will be limited to trail direc- tional signs to enhance the use of the site. New or Revised Use and Management Recommendations 1. Staff will work with the Town and County staffs to seek permission to install directional signs at the Jones Road and Lexington Reservoir trailheads and will install signs as permitted. 2 . Regulatory and informational signs explaining the joint acquisition and development funding by the District and Town, and the acquisition funding assistance from the Land and Water Conservation Fund, will be placed at the northern and southern Preserve boundaries . 3 . Additional trail directional signs will be placed where appropriate to enhance circulation and lead visitors to St. Joseph's Hill. 4 . Special use signs relating to the limited use segment of Jones Trail , as addressed in recommendation A. 1 , will be installed. C. Brochure 1. An 82 x 11 inch folded brochure will be developed and made available on-site. The brochure will contain a detailed map and site-specific information about cultural history, parking, trails , and special features. D. Structures and Improvements 1. Highly visible sections of the fence that are considered obtrusive will be treated and painted dark brown or planted with native vines to lessen the visual impact. The project will be phased as time and funding permits . 2 . Barriers will be placed where appropriate to discourage access to the old flume site on the west-facing slope above Los Gatos Creek. 3 . Trail barriers delineating the limited use area on Jones Trail, as addressed in section A. 1 , will be installed. 4 . Staff will work toward the transfer of the northern portion of the former San Jose Water Company land and remaining flume to the Town. The Town 's acceptance of the property is contingent upon conditions being met that relate to the District providing access to the flume , securing the remaining flume, donating a portion of the flume to the Town museum, and the provision of a plaque by the San Jose Water Company. All the conditions have been fulfilled with the exception of the plaque which is forthcoming. 5 . Staff will investigate methods of removing the remaining flume to the south of the new trail segment and debris from the flume along the R-87-45 Page Eight east side of Los Gatos Creek where access is extremely difficult. it may be necessary to provide helicopter transport of garbage bins where hauling cannot be accomplished on the ground. E. Natural Resource Management 1. Staff will monitor a severe erosion problem located on the west slope of St. Joseph's Hill (refer to Exhibit F) . The gully has most likely resulted from excessive runoff caused by past cultivating practices and appears to be stablizing at this time. 2 . Remaining debris , including a large steel tank located near the for- mer rifle range, will be removed. 3 . The feral pig population appears to be increasing, and staff will moni- tor damage resulting from their rooting. Management techniques for feral pigs will be addressed in the upcoming District Resource Manage- ment Policies . F. Special Activities When the site was acquired, there had been a considerable amount of use by visitors with dogs . Staff decided upon opening the site in October, 1986 to allow dog usage to continue until the issue could be addressed in the Use and Management Plan., This was done primarily because of the anticipated enforcement problem with so many visitors accustomed to bringing their dogs on site and because the Board 's Dog Committee has in the past discussed this Preserve as a potential dog use area. In evaluating other uses of the Preserve, dog use appears to be compatible. This Preserve should be considered a candidate for the experimental dog use program but should be evaluated in context to the overall program when the Dog Committee next meets . 1. Dog use will be discontinued until this use can be evaluated in rela- tionship to the overall experimental program. The Dog Use Committee is expected to meet in early summer, 1987 . G. Visitor and Site Protection Currently, the Ranger staff patrols the Preserve about two to three times a week. When annexation occurs , the Town will assume primary law enforce- ment responsibility, which is now provided by the County Sheriff 's Depart- ment. In addition, the Town park rangers offer surveillance at the end of Jones Road. 1. Staff will seek a joint management agreement with the Los Gatos Parks Department to maximize patrol efforts in the Jones Trail area. An attempt will be made to establish uniform hours of public use for both the Town 's property and Preserve. H. Site Naming The site names being recommended for consideration are Lexington Ridge Open Space Preserve and St. Joseph's Hill Open Space Preserve. The area 's colorful history depicts a thriving community centered around the now inundated Town of Lexington at the base of the Preserve. The name St. Joseph 's Hill has been a prominent point of identification on the site since the mid 1800 's . Other names considered are listed at the end of Exhibit "B" . The name Los Gatos Creek Open Space Preserve is not being recommended due to the close proximity of the County 's Los Gatos Creek Park a few miles to the north. The names of Lexington Ridge Open Space Preserve and St. Joseph 's Hill Open Space Preserve will be for- warded to the Town for their consideration and recommendation. Hopefully, R-87-45 Page Nine the name will be finalized for adoption at the second reading of this plan. I. Site Dedication Status The Preserve is comprised of 270 acres , 170 acres of which are dedicated public open space in fee and 97 acres of which are dedicated open space easements . The remaining 3 acres (former lands of San Jose Water Company) are not dedicated but you indicated, at the time of acquisition, your intention to dedicate this property prior to the transfer of a portion of the property to the Town of Los Gatos . When you later reviewed the Dedi- cation Status of District Lands report in December 1986 , you deferred dedication of this property until the details of a transaction are worked out with Los Gatos . Although, normally, action to dedicate only occurs once a year, at the time of your review of the dedication status of District lands , the action to dedicate this property when considering the transaction with the Town is an acceptable exception according to your policies regarding dedication of District lands . J. CEQA Compliance The projects contained herein are determined to be categorically exempt under the California Environmental Quality Act guidelines . MiC1PENINSULA REGIONAL OPL'N SPACE ; ACT PATROL ROAD AND TRAIL — • TRAIL Exhibit A . X NO PUBLIC ACCESS C.M.U. CONSERVATION MANAGEMENT UNIT (CURRENTLY NO PUBLIC ACCESS) - � .•.v...�:x>4t.�Jw� .:. •.,..,..:J�� rA 5�' .. 'tA� �}ia 4a�,* a. w Y Y �'..;.., may. ^.'.s^-�aw..; l s ."_ 7/,. �� GATOS CRI-CK TRAI L ;Cl � .. 1RBSIDE PARKING r'. S� O.S.P. ' i a SIERRA A ZULO.S. OPE N SPACE .;. •? .„_�.y � ., � � J KENNEDYROAD ARE, FAS. MFNT �C,,M ,U )' 1 -JONES TRAI L (RUNNERS & B I KLR�,: WALK ONLY ( SON TP AIL SEGMENT DEFINED BY r ` - J r .._ { '� ! it �tr".SWgW'.dht2t".tFv'1iY�AC N y '/�`- \ ��• OPEN SPACE ,J ((`./—'\ FA SEME-NT (C M.0 •% PENINSULA OPEN SPACE TRUST"Xj Jeasernent' proposs ed trail ;proposed acauisition r OPEN SPACE EASEMENT 7ypy Lj ` - ? t i `7 t. !" an!•:''b.SSfr;' .,; 6.iLJ'8:3t^ p ri ♦ J a LOTC "ra yo n_ }' "' .._ tin. SIERRA AZUL O.S.P. PRIVATE !, `J ` zn LIMEKILN CANYON AREA . < PROPERTY ALMA BRIDGE ROAD r > �Y �� �ss,,rAcrhr,, :•:mu.r+.:g`-- •sue.* .t8 � `1 �U2�i�� ,� �f ..i'`'��>, 4 ts � - LEXINGTON RESERVOIR ... /�� r COUNTY PARK —�"I } EXHIBIT B ; February 2 , 1987 TO: David Hansen FROM: Del Woods SUBJECT: Comments from Public Workshop for the development of Los Gatos Creek Park Use and Management Plan Introduction : The public workshop was well attended by approximately 70 people representing a wide variety of interests . Following a short presen- tation of the site ' s history and the District 's planning process, comments were invited regarding future use and management of the site. Below is a summary of those comments . A. Access and Circulation 1. Interior parking near the top of the preserve should be provided if the Guadalupe road is constructed. 2 . Most participants would not like to see the Guadalupe road constructed as it will visually impact the preserve and traffic noises will be annoying. 3 . Question arose as to the rights of the public on the proposed Guadalupe road. 4 . The Town ' s property at the end of. Jones Road should be opened for public parking for Town residents. District should encourage Town to consider this proposal. 5. The gate at Jones Road should be open earlier in the morning to accommodate runners. Park employee explained that no one is on duty before 7 :00 A.M. 6 . Jones Trail should be re-opened to bicycle use with the following considerations : a. Trail courtesy rules should be posted at trail entrance and included on trail map. b. A sign-in station should be provided to gather user statistics and comments to assist in evaluation of trail use. C. Education and policing are critical . R.O.M.P . could assist both. d. A permit system would be cumbersome to administer. e. Younger children would be the most difficult to control. Can bicycle safety be included in school programming? f. Signing should be increased in areas of concern. g. MTC suggests uphill bicycle and running use for a trial period of 8 months to allow for evaluation. Monitoring should be done by MTC and ROMP. h. Members of ROMP wish two-way use of the trail with walking zones created by physical barriers and signs . Concern was expressed over visibility of barriers and potential liability. B. Structures and Improvements 1. An emergency phone should be provided on-site. 2. The chain link fence should be painted to decrease obtrusiveness. 3. Picnic areas should be available near the hilltops. C. Site Naming 1. "Los Gatos Creek Park" is not an appropriate name because of the nearby County Park of the same name. Suggestions include Santa Florenza (1866) , St. Joseph 's Hill, Jones Road, Novitiate, Limekiln Canyon, El Camino Real, Zachariah Jones . A FF EXHIBIT C MIDPENINSULA TRAILS COUNCIL Attac.f 1069 BELVEDERE LANE WRITIEN COMMUNICATIGN Di7tzted t: -7e,a:e Draft SAN per JOSE, CA 95129 .1 Meeting 87-04 (408) 252-1769 Feb.. 25, 1987 February 10, 1987 Midpeninsula Regional Open Space District 201 San Antonio Circle Old Mill Office Center Mountain View, CA 94940 Dear MROSD Staff and Board Members: For the last several months, a special Midpeninsula Trails Council committee has been studying the issues of trail usage standards and etiquette. The committee is composed of MTC members who represent several major trail user groups (hikers , equestrians, trail bicyclists, and runners). Our major goal is to draft guidelines for park agencies (including MROSD) that will assist in formulating, setting, enforcing, and reviewing multiple-user trail policies. Vie feel that such a tool will be valuable for parkland staffs and boards who are presently sharing similar challenges in setting these policies. Although our studies and work have just begun (our goal is to have our guidelines completed in 8 to 10 months) , we applied our initial efforts to the Jones Trail in Los Gatos Creek Preserve since the general use and management plan for that preserve is to appear before the board on February 25th. One major issue mirrored on Jones Trail is what mix of groups can safely use this trail , and how. Our committee talked with MROSD staff members, as well as staff of other park agencies, in order to find out how bicycle use on trails is presently being handled. We examined the input provided to the hIROSD by the general public. Then we formulated what we believe is a workable and enforceable interim policy for Jones Trail that is acceptable by the various user groups involved. Our reco,ni-mend.-tions for Jones Trail follow. We stress that if these recommendations are incorporated into the general use and management plan for Los Gatos Creek Preserve--they should be implemented for an interim (trial ) period of 8 months. This trial approach will allow: A timeframe in which the policies can be monitored in actual use, and feedback can be received. (This is essential , since the trail policies that we recommend are fairly unique, and not presently employed elsewhere by the District.) A sufficient period during which the MTC committee can draft broader, and more extensive trail use guidelines that will subsequently be presented to the District. MROSQ- PAGE 2 The MTC does not intend for its Jones Trail solution to be a precedent-setting policy. The recommendations are not intended to be indiscriminately applied to other trails without a close examination of all the issues concerning the usage, and geographical and environmental aspects of specific trails. Here are our recommendations for Jones Trail : Lower Jones Trail (single-track) (1) Walking allowed uphill and downhill . (2) Running and bicycling uphill only to the junction with the wider upper trail . (3} In addition, signed walking only zones (in both directions) going around the narrow hairpin turns--requiring, in effect, walking in both direct ions within the zones by all user groups. (4) No equestrian usage at present time. (5) Barriers (either log-type, or cattle-style chutes negotiable by bikes) at the top and bottom of this trail section. The purpose is to cause bicyclists to dismount, and runners to slow down, and notice policy signs and sign-in stations, as decribed below. In order to minimize mishaps, barriers should be placed so they are visible from a distance down the trail . (6) Sign-in station at Novitiate Park,/Jones Road entrance as a moni- toring tool (name , address, phone, user-type, comments) . (7) Pictographic policy signs at appropriate locations, especially in conjunction with barriers. The MTC will assist in the design of these signs, if needed. Upper Jones Trail (double-track) (1) From junction of lower Jones Trail to junction of St. Joseph's Hill trail (the "duckbill" ) : Running and bicycling uphill only. Walking in both directions. (2) St. Josepph's Trail junction to Alma Bridge Road: Walking, run- ning, bicycling, and.horseback riding allowed in both directions. These recommendations allow for an acceptable safety level for the principal users while providing access P H � e s to the trail l b all f 9 l o the Y groups concerned. This ensures that hazardous encounters wil l he mini- mized. This method also preserves the possibility of loops when combined with the Los Gatos Creekside and Alma Bridge Trails. Obviously, enforcement of these restrictions must be applied. A ranger might periodically patrol the trail at the lower end, and issue citations, if necessary. The RUMIP cycling club has indicated that they MROSD- PAGE 3 will assist in informing cyclists of the restrictions, and educating them on proper trail etiquette. In addition, representatives from the MTC will monitor Jones Trail on a regular basis, and perform an ongoing formal survey out on the trail to determine if the policy is working. The availability of a trail etiquette brochure at Jones Trail trail- heads will assist in public education. The present brochure needs revising. Our committee has placed this job on their task list. All of us would like to see trail users enjoy Jones Trail and Los Gatos Creek Preserve in harmony. We hope that you will give our recom- mendations close scrutiny. The members of our MTC committee will be happy to work with you in order to clarify, implement, monitor, and enforce our recommendations. Sincerely, MTC Trail Use Committee Aoel Hawk (MTC President ; hiker) Carolyn�Lekberg (equestrian) Doug Thomas (ROMP. trail bicyclist) Beth Oberlee (trail bicyclist) Lewis Reed (multi-user) Larry Gomez (runner" n ?�1 Mark Winitz (runner) _ _ I ' �XHl8lT U | LExlNGTDN RIDGE OPEN SPACE PRESERVE - USE AND MANAGEMENT PLAN SUMMARY 03-04-87 � Project :Status of Plan or :Budgeted :Proposed !Proposed � Description :and Projects |FY 86-87 |FY 87-88 !Schedule � --- --------------------------------- |------------------- |----------|---------|---------- � Planning Tasks | | | | 1 Prepare Use & Management Plan ', Complete 2 Elan equestrian access It Incomplete � V | 0 | Ongoing � New and Revised Recommendation 4 Monitor annexation process Proposed i 0 0 1 Ongoing Monitor limited use, jones- 1r ; Proposed 11 0 0 86-675 Monitor Guadalupe Development ! Proposed 0 Ongoing 6 Monitor � � 8 Design limited use trail imp. 1 Proposed 1) 1 04-87 � 7 Transfer flume to Los Gatos Proposed 0 86-87 Prepare site brochure Proposed L2001 0 04-67 Joint mgmt. agreement (lapin) Proposed 0 0 86-87 12 Joint planning, [own parking t Proposed Q 0 1 87-88 1311 Monitor feral pig damage Proposed 0 0 Ongoing 14 Monitor ravine erosion Proposed 0 Q Ongoing � � � Lapxtal. Improvements 1 Construct Jones frail bypass | Complete | iIh0003 2 Inc-tall boundary signs | Lomplete | 300 | 0 | | J Install trail signs,initial | Complete | 3VV | 0 � | 4 Construct boundary fence | Complete | L25000] | O | | New and Revised Ke d ati ons Install limited use barriers 1 Proposed 0 1 04-8� i, Install prk:serve entry signs Proposed 0 i 800 87-88 Instal ', ofi -site trail signs Proposed | ! � � � 11 Const trail ,St | � Spec ia1 Fro iects and Maintenance } | | | � | Remove portions of flume | Complete [1000] | V | 2 Secure spring shaft | Dropped | 0 | A | � Nev and Revised P,ec amoten d ati on s � 5 Remove flumeProposed'If Install barrier to fluipe site , Proposed [2003 04-87 4 Disc and seed old roadbed-- Proposed t 0 500 87-88 � 6 Remove stelnl tank , debris i Proposed 0 1 87-88 Honua} Projects and Maintenance | | | | 1 Road and trail maintenance | Ongoing | 1500 \ 1O00 | Ungoiog � 2 Sign maintenance | Ongoing | 200 | 3V0 Ongoing � 3 Fence and gate maintenance | Ongoing | \OOV . 500 | Ongoing � 4 Site brochure | Proposed | [1VVJ | 300 | Ongoing � ---------- --------- 3300 7150 � I ] Funds not specifically provided / project & funds being rescheduled for but available. following year | � EXHIBIT E MEMORANDUM ti February 20, 1987 TO: D. Hansen, Land Manager FROM: J. Boland, Operations Supervisor SUBJECT: Input regarding Los Gatos Creek Use and Management (more specifically, opposition to allowing bikes on the Jones Road Trail) As we discussed recently, I (and the entire ranger staff) am very much opposed to the idea of allowing bicycles on any portion of the Jones Road Trail. I am confident that to do so, even as an experiment, will prove to be a regrettable decision. My basis for this position is as follows : 1) The Jones Road Trail in a physical dimension sense (e.g. , width, grade, line of sight, side slope and presence of sheer cliffs) represents potentially one of the most high risk trails in the District. The mere presence of runners alone greatly increases the chance for injurious collisions . Stir bicycles into the pattern (uphill or down) and the risk only gets worse. Only above average or expert bicyclists could negotiate the trail safely - the margin of error is minimal. Personally, I was scared to death on my own bicycle and that was without encountering any The expert bicyclists are a small other visitors on t'La2 -,,.rail. minority L'iiat S'ciou— not be catered to at the expense of the majority. 2) No other park mana(jpment agency that I am aware of knowingly allows or encouraces b-*L--,\-cle use on narrow winding foot paths, and for good reason. 3) The suggestion of allowing bicycles in a one way direction would be difficult to enforce and require far more ranger hours to administer than we have available. Physical barriers could prove even more hazardous if not given the religious maintenance they would require . 4) 1 can guarantee you that whatever offer of help we get from bike enthusiasts to administer a special program, it will be strong at first, but tail off once the threat of closure is no longer imminent. Just simple human nature. 5) Much of the trail is located in a slide zone which results in the continual sloughing of rocks onto a trail which is narrow to begin with. 6) And finally, I am very concerned with the precident that would be set by allowing bicycles (under any circumstances) on what must be 2 considered one of the most hazardous trails in the District. It would create a domino effect District-wide over time. we mustn't be so naive to think that the Jones Road Trail will be viewed as an "isolated" case with little or no bearing an the big picture. I urge District staff and members of the Board of Directors to look at this problem objectively and realistically. To allow bikes on any narrow trail will be merely shifting the problem from the office onto the field staff, but not solving it in a permanent sense. Thanks. JONES ROAD zi • 1 • • ll GATE N ; j X. E NOVITIATE PARK • i w • o ° '3 • : �r GATE • �• • ° WALKING ZONE o° '1800 ' • � :v • :o • o° • •►• ° / • - • ° ,t • : o ► • °• • •�•�► • °• • • ° ° •• ° • - -- : GATE 1 Do a � . 00 1 • •0OU000v0 • • 0 o . / • o °•••••�•••• i411•• : o �� • • • • o • s ► �• i i••••• ••• • •••s••••••••► • o • • • • 00 •of ••• : •. •0 .0 : V�•••••.•••• • s • • j • O° O o .'' TANK °o° ° • ° °0 • ° •••00 • • •*off - r~A• ram.»�-r 00 :,: gq •w•• Via°� .f ■ ; GATE EXHIBIT 'F' t PROPOSED PARKING V PROPOSED TRAIL u EXISTING TRAIL TO REMAIN ;•••• ; EXISTING -PARKING >` AND BOAT LAUNCH EXISTING TRAIL TO BE °°000°off ELIMINATED ' EXISTING FLUME R-87-44 (Meeting 87-05 March 11, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 3 , 1987 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: D. Hansen, Land Manager SUBJECT: Whole Access Training/Awareness Session Recommendation : I recommend that you decide whether to hold a special workshop meeting for whole access training/awareness or to attend a staff workshop individually, as available. Introduction: At your meeting of January 14 , 1987 you considered the attached December 3 , 1986 letter from Phyllis Cangemi , Executive Director of Whole Access . In her letter, Ms . Cangemi proposed a whole access training/awareness session for the District 's Board and staff. The sug- gested fee is $400 . You directed that this item be placed on a future Board meeting agenda for your consideration. During the discussion of Ms. Cangemils letter, Director Wendin requested that the staff report address the time required for such a training/ awareness session. He also asked whether written material could be substi- tuted for an actual training session. Director Duffy suggested that it might be appropriate to expand the session to include other local officials . Directors Bishop and Henshaw stated that they did not feel the need for such a workshop at this time, especially with the fee involved. Discussion : Ms . Cangemi will be prepared to give an eight minute slide show on the Whole Access organization and to answer any questions you may have on the proposed workshop at your March 11 meeting. Materials are attached which will give you further background on Whole Access . As Ms. Cangemi stated in her December 3 , 1986 letter to you, the four hour workshop would be a hands-on program. I feel that this workshop could be beneficial to the District 's Board and staff. The hands-on approach provides learning not obtainable through written materials , and the workshop would provide better understanding of State and federal accessibility laws . It would also promote awareness that whole access is not limited to accommodating people who are deaf, blind, or in wheelchairs since whole access also provides accessibility for children , the elderly, and others who are less able-bodied. Staff would proceed with a workshop even if it was not a Board workshop meeting. There are , of course , a number of Board committee and special meetings already planned, and other potential workshops that have also been discussed. If you are not able to devote another meeting for this purpose, given other plans and priorities , then staff will go ahead and schedule a staff workshop, as soon as feasible, on whole access . Board members could be invited to participate , as available. If more than a quorum wished to attend, a special meeting could then be scheduled for that date. WRITTEN COMMUNICATION Meeting 87-01 DEC 0 8 1986 Jan. 14 , 1987 � � , — � Whole Access 3 December, 1986 Ed Shelley, President Midpeninsula Regional Open Space District 201 San Antonio Circle Building "C", Suite 135 Mountain View, CA 94040 Dear President Shelly: This letter is being written to offer a whole access training/awareness session to be Board and staff of MROSD. As you may know such a training was attended by David Hansen two years ago and he found it extremely helpful. David felt that a training awareness session for about four hours, which would include, park staff,office staff and board members, and held at the District offices would be desirable. He suggested sometime in January. Whole Access could produce such a session at that time. We would like to suggest a fee of $400, which would cover preparations,materials,speakers, and other fees. If you have any questions or comments on this proposal, please feel free to give me a call. Yours Sincerely, Phyllis Cangemi Executive Director PC:pac cc:Herb Grench David Hansen 517 Lincoln Avenue Redwood City, CA 94061 415/363-2647 *415/363-2648 'Telecommunication Device for Deaf Communication WHOLE ACCESS BACKGROUND INFORMATION Whole Access is an organization working to increase and improve opportunities in the San Francisco Bay Area for outdoor recreation and the nature experience for people of all abilities , including those who are elderly or disabled. Much of the San Francisco Bay Area' s park and open space land, and many of the facilities are still not available for enjoyment by large numbers of our population, including many of our communities ' members who are disabled or elderly. (For individuals who are severely disabled, either by illness, or by frail old age, the inaccessibility of our parks and open space resources often present insurmountable barriers . ) Whole Access was formed in 1983 out of the conviction that all people, regardless of their age or condition in life, should have the opportunity to pursue outdoor recreation and nature experiences , which will serve to enrich them both as individuals , and as valued members of human society. Whole Access works cooperatively with parks agencies , and with organizations and agencies representing a broad spectrum of the San Francisco Bay Area's special needs populations, as well as with architects and landscape architects, public officials, and others to come up with environmentally appropriate and socially integrative parks facilities and programs. The geographic focus of this organization is the San Francisco Bay Area, including San Francisco City and County, San Mateo and Santa Clara Counties, Marin County, and Alameda and Contra Costa Counties . Whole Access is a private, non-profit organization, located at 517 Lincoln Avenue, Redwood City, California, 94061 ; Phone: (415)-363-2647 ;TDD*(415)-363-2648. Whole Access has a seven member governing Board of Directors, and an eighteen member Advisory Board which advises and provides technical assistance in carrying out the organization's mission of increasing outdoor recreational opportunities for people of all abilities . I i WHOLE ACCESS OBJECTIVES January 1 , 1987 through March 31 , 1988 GENERAL-- Whole Access plans to increase the number and frequency of training programs for professionals dealing with accessible facilities and program design for parks and related resources in the San Francisco Bay area. It also plans to continue and increase awareness/training workshops for rangers, docents, administrators, and other service providers who deal directly with the public. Additionally, Whole Access plans to continue to develop a fee-fors-service approach that obtains optimal funding through this method, while allowing full service to those who need this organization's -services but are unable to pay the full cost of the service. On the organizational level, Whole Access will be developing and slowly adding members to its governing board, and will continue to meet on a monthly basis with board members leading specific organizational committees. The Advisory Board will continue to be expanded at a faster rate to gather individuals with a variety of skills who will , with the Executive Director, direct and carry out specific projects, both mission and organization related. Staff needs projected at this point will include a part-time Office Administrator which the organization expects to hire by February 15, 1987. A Clerical Assistant /Bookkeeper is already in the organization's employ. The organization plans, to hire a part-time access technician as well . This person will work with the Executive Director and clients on specific site evaluation projects and reports, and will also work with the committee that will be generating the manual on accessible facilities design for parks, planners, designers, and resource managers . The Board will begin to consider the issue of a center for the organization which would include a training facility/conference center, resource library, and offices. . This center could also include some means to display, and possibly sell , resource materials such as access guides and accessibility accessories (e.g. offset hinges) and other materials not generally available locally. Phyllis Cangemi Executive Director i ARE PARKS ACCESSIBLE TO EVERYONE? _— _ `� 517 Lincoln Avenue -Everyone should have equal City, CA 94061l opportunity 415/363-2647 to participate in life's activities." Whole Access * 15/36 3 264s —Phyllis Cangemi, Founder and Director of the Whole Access Project *Telecommunication Device for Deaf Communication THE TANOAK NATURE TRAIL emranee w the San Mama Comay Memorw nark station Tan Oak Rat Pknic Area Factures two goose - numbered stations a maximum Wade of 7 percent • t InO an Naation difierwiee of 31 feet visito► � - - •. A -- a length of CA MIss perk antar office Legion Fin, level asap 0 Plcnic Arae ® saws ! The nap is an adaptation of the .+` map in tit» brochure, 'Tanoek Creek Flat iienie Area o _ Mown Troll.- published by the '.. San Maw County Mks Whole Access Proprun. . aawosr ww� WHAT PHYLLIS CANGEMI is saying programs to both those with virtual, There are also state laws that prohibit Is that no one should be restricted mobility, or devaioprnerttal impairmerm discrimination based upon physical handi- solely on the basis of arbitrary chanmaer- and than without these impairments, caps. For example,according to the Cali- isticx from taking part in all activities — fomia Government Code, Section 4450, even those involving movition. Phyllis According to a press release written by which was added to the code in 19W, Cangemi is not the only one who thinks Don Moore of the Resources Agency in . . . all buildings, structures, sidewalks, this way. the State. Parks and Roan ion Depart- awbg, wed related facilities,oonstrueted meat and dated October Z1,1883, In this sate by the use of state,county, or municipal funds,or the funds of any FEDERAL AND STATE LAWS political subdIvision of the state shalt be There are some federal and state laws that The Fedaral Rerabtutation Act of 1973 accessible to and usable by the physical make recreational opportunities in parks nWideted equal access to public facilities. ha'sificapped• possible not only for those without special As an obligatory"'comimandrd n of the Not all facilities need to comply with needs. but also for those with them. stipulate to the the stases that any new tM statute. From Section 4451 of the construcdon or alteretion In public same code,it follows that, For example, the Federal Rehabilitation barks include equal seem for all par. . . . this ch eptim shell be ilmked In its sons,able or disabled. applicitlon to all buildings and facilities Act of 1973, Section 504. prohibits slated in Section 4450 intended for use discrimination to an otherwise handi- by the public. which her. any reason- capp ed the law doesn't require a o. ablo evaileWhy to.or usuage by. physi- capped individual in the United States tit program. It suggsv that alteration cally hand!PWWM.... solely by reason of his handicap by any of physical facilities, creative un of program or activity receiving federal audio-Visual materials, assigning persons Furthermore. Section 44SO only applies financial assistance. This means that to assht those in need, and adopting to the construction of facilities, or the parks developed with federal funds must Innovative methods to enhance thedisable visitor be employed. Each am repair or alteration of existing facilities be accessible and must offer recreational implements Its own program, that began after the enactment of the code. 6 0 TRAIL LINKS Jenuwv/February IM ' .. III THE LAWS IMPLEMENTED changes in grade disorient those with ASIDE — the railroad builders The State Parks and Recreation Depart- visual impairments. followed a route up Los Gatos canyon ment — In 1981 this agency began the past Lexington,an old stage coach station, Accessibility Expansion Program. The Surface — Solid surfaces. such as those which it left high and dry on the wrong program had a construction budget of made of concrete, asphalt, or a hard- side of the canyon." $800.000. which allowed the California packed mixture of decomposed granite Conservation Corps to retrofit 64 state and earth,are most desirable. Surfaces So writes John V.Young author of Ghost park units — 16 each year for 4 years., that blend in with the environment are Towns of the Santo Cruz Mountains, So far, this money has gone mainly to currently available on the open market. published by the Tanager Press (1984). provide access to recreational trails. The communities described are not like the comfort stations. drinking fountains. Wheelchair access is improved by such ghost tavms depicted by television. and campsites. futures as turnouts on trails,wide park- ing stalls, wide doorways. low drinking "They were," says John Young, "tiny The state park systam also has about fountains. and accessible restrooms. hamlets that thrived briefly on Itunberirg, 50 park treats with campsites that are Header boucle along each side of the trail agriculture. the railroad. the highways. accessible and about 100 other units or an elevated cable running along the edge and then faded into total obscurity." with some types of accessible fadi"nties. help people with visual impairments. In his book John Young not only portrays The San Mateo County Memorial Pack — THE WHOLE ACCESS PROJECT these hamlets, but also describes the One of the most innovative trails in the "Mok a==meansaaaeoc forersryam." legendary characters that lived in these Bay Are k the Tanaak Nature Trail says Phyllis Cglgami. :'Everyone should communities. He provides the reader designed by Linda Wagner. There are 14 be able to get out and spicy natter. The with interesting tidbits of information, stations along the trail. which is about Whole Access Project is an organisation such as the descriptions of the time a one-half mile long. The trail user can get that is working with parks and special- winery was saved by chasing a fire with a brief explanation of the sunvund ng needs agencies in the Bay Area. Its goals 4,000 gallons of damL of the moving redwood forest at each of these stations are to improve recreational opportunities mcninuin peak that will reach Morgan by either listening to a we cassette or for all people. particularly those with Hilt in about 25,000 years, and of the reading -a brochure'written in -regular. -spacial seeds'"., - - famous Seers-fire awe for all ailments large. or Braille print. An elevated noble _ that mace Wrights popular. rums along the edge of the trail so that Phyllis Cangemi began the project in people with visual impairments can walk August 1983 after visiting the dsdicodon The reading of Ghost Towers of the Santa without a cone or a dog. ceremony of the Tanook Nature Trail. Cruz Mowrtakm is a must for everyone ' J 'Since then the group has had many con- who enjoys reading true storis. tall The M'edpeubtsula ReOonW Open Spew femnces and seminars with representatives tags, and the lore of a region that has Diatiet — By spring 1985 about one-tenth of park proga m It also has an ongoing become a recreational haven for so mile of the Stevens Creek Nature Trail docent progra, .which currently has 25 many people. (See Luingron Reserwok will be paved with a hard-packed material. volunteers.in Memorial Park. Racnearional Ames on pages 4 and 5.) ri Also. trails usable by those with visual. mobility, or developmental impairments Meech of the funding cornes out of the ACCESSidLE STATE PARK UNrrS may be included in future plans for pockets of the two people (Phyllis In tin Sea Frarreiseo and Seta Cruz Purisima Creek Redwoods and Skyline Cangemi and Debbie Wright) who are sountin Rime per. implementing the program. Donations dies Basin Rsciwoode Sam Pork* are needed. Tax deducible donations yak Point Shane Rom an Ares. ACCEMBiLM FEATURES may b e sent t o Whole Access Ha V Cowell Radwoods Sou Park? Grade and surface are the most impor- $ly Lincoln Ave Whole es Nat"al�t�Par`` r tint factors in designing a trail with VA 94061 Earmark the check for the Sank i"Sanghton State Beacht handicapped people in mind. Who* Axtas Project For further Sunsetf State tsoeht Sunset Sine 8eaeht information phone Phyllis Cangemi. Grade — Trails should be as level s (415)363 2647. n •A cernpsits• for wheelchair back. possible. Grades that are in exam of Contributors to this artide—Phyllis Gngerni. hers is looted one mile intend 5 percent for long durations and 8 per- Svhis Ferguson Meii Links Investigative from the intersection of the antrsnow Reporter). Carlos Espinoza is former member to Rancho Del Oso and Highway 1. cent for short durations. and cross slopes of the State Parks and Recreation Depertment). On trails t There `s an s�bie campsite in the present major problems for and Vince Toole 4e member of the State Parks park unit. people in wheelchairs. Also. sudden J and Recreation Depanrmrrt). January/February 198S TRAIL LINKS 0 7 Another impairment touched upon was hearing disability. Paul Singleton, office director of Deaf Counseling, Advocacy and Referral "Words like handicapped are Agency in San Mateo, deaf him- not very well liked. People who self, demonstrated the use of tele- are blind or handicapped are al- communications devices. "There is ways called 'the blind' and 'the a three cent charge on telephone "There are really just three of handicapped.' How would you like bills for the devices, but this has us working intensely on this." to be called 'the pretty' or 'the solved many problems for deaf The volunteers work out of Can- fat?'"Cangemi questioned. people,"he explained. gemi's home, and much of their Vicki Tucci, program director Many speakers and groups were funding has been out of their own of Manteca CAPS (Community heard from during the seminar, pockets,she said. Action Program and Services) also and audience members were even "We would very much appreciate .K• spoke at the seminar. The pro- asked to participate in games and r.r gram teaches good learning be- tests to increase awareness of donations. The carefully."will The havior for mentally retarded adults. difficulties people with impair Y Y ' Y menu face. workers type on the back of old "I wept to give you a chance to Response to the workshop has scrap paper and conserve in any let go 'of your misconceptions been "fantastic," Cangemi said. way they can, according to Can- about mentally disabled people. "The people in Marin County gemi. "We also need a good type: + '" People are very uncomfortable parks started drawing up plans for writer and some wheelchairs." around retarded persons, but a lot retro-fitting bathrooms and are Whole Access volunteers work on of it is fear,"she said. also working on a special gate," and helped design the Tanoak "The key is education. We're she said Nature Trail in San Mateo County's finding that with proper training, Memorial Park. The nature trail these students are able to per- Transportation issues are being is accessible to handicapped per- form tasks as well as anybody discussed by park representatives sons and has been visited by people else •• in the Bay Area and Cangemi from all over Northern California. Myrtle Chyles, a graduate of has received calls from people The current Whole Access pro- J Manteca CAPS is now in adult who were happy about the meet- ject is to follow up on events that education classes getting her high ing. Several groups are sending occured at the workshop, Can- school diploma. "Two years ago, people for Whole Access training. gemi said. she was stuffing diapers in boxes because that's all people thought Whole Access began with Can- Anyone wishing to donate to she was capable of,"Tucci said. gemi and another volunteer work- Whole Access should make checks "Before I came to Manteca ing in park services, but in August out to Peninsula Conservation Cen- CAPS people called me 'M.R.' I they began to see a network form- ter Foundation, 1331 American ` Way, Menlo Park, 94025. Checks was sent to summer camp every ing, she said. "1 felt there were a Y. r summer and they didn't let us do lot of park systems not communi- should be marked "for Whole much. They thought I couldn't cating with each other. The organi- Access project" and are tax de- Photo By Psul F learn but now I'm showing them zation is essentially a creation of ductible. For more information Steve Stone of the National Park Service was one of the featured speakers at last that I can,"said Chyles. forums,"Cangemi said. contact Cangemi at 325-6971. week's Whols Access seminar held in Polo Alto. !< hkdo-AtLvtoa Recorder Medo Park.GA Tuesday,January 24,19g4 _ :":. � _.. . - J HandicappedWholeAccess Helping like senior citizens, children, etc. By RONN[ROSS Palo Alto and served as a facili• • There are also Iota of socially ac- For many years people with tator to bring representatives from ceptable aide like glasses, hearing disabilities of all kinds have had to a lot of groups together- The main side, canes and take legs. But when accept limited lifestyles due to a emphasis was on the accessibility 4 you have a person with a wheel- lack of understanding and [still- of perks to handicapped persons. chair,people tend to shy away. ties available to them. This is Steve Stone, planner and senior "I can guarantee you, though, slowly beginning to change, how- access consultant with the National when you work with a person in ever, because of groups like The Parks-Service in Denver, was the a wheelchair, you won't come speaker. "I was asked if down with a case of the spooks," Whole Access Project In Menlo featured speak :/c.. Park. white water river rafting was a .• he said. Whole Access held a training viable thing for people in wheel Among the many suggestions program Jan. 12 that was both chain to do, so I said, 'I don't Stone gave to Improve park and informative and touching. The know, I11 have to try It,'." he monument facilities for handicap- seminar dealt with defining the said. ped people was the addition of uni- term "handicapped," architectural Stone showed a slide show of sex bathrooms. A lot of disabled access for people with impair- his trip down the Colorado River j people need to have aids help them ments, transportation issues and through the Grand Canyon. The I in restroomo, and often these aids attitudes of non-impaired persons trip involved getting through some are spouses. It can be uncomfor- towards disabled people. fierce rapids, but he concluded table for both people to be in a Park professionals and leaders the activity is feasible for some ( one-sex bathroom,he said. of agencies serving special needs disabled people,depending on each Another program participant populations spoke to an audienc Individual. 'using a wheelchair agreed with the of disabled and non-disabled listen JJ Stone has pioneered outdoor, need for more accessible rest- era, and tin m kecreat-hand accounts frotion for disabled peopleI rooms. "Using the bathroom in individuals were shared. ,developed practical applications for a wheelchair is a major feat, it's "What 'Whole Access' really camping, picnicking, trails, wilder•, frustrating. I have had to learn primitive means in equal opportunity for anew and p experiences., climbing maneuvers just to use a everyone to participate -in the many .of which are now In effect, restroom. Anything a park or activities of life," said Phyllis throughout several government and company does should be tested Cangemi, coordinator and found• private recreation-providing agen-; first by a handicapped person, er of the project- Whole Access ties. He is also the author of three. she said. focuses on physical, mental and publications and has received many" "When you are dealing with a emotional disabilities,she said. awards for his work. ' I handicapped person, communica- The six-hour workshop was at "There are lots of special popu-! tion is the key thing. The biggest Hewlett-Packard Corporation in lation groups of disabled people., limitation is attitude;assume zero, ! she emphasized. Near) everyone attending the though, Photo By Paul�� Y rY `I can guarantee you, though, I T�K three porftciponb!n tort week tt Whole Accea seminar simulated the dl//fculty workshop agreed on popular atti- some handicapped people azPericnce in maneuvering.Jim Small urood of p, ro Coat' tude problems in reference to rib• when you work with a person in a State Park, Jessica Rasha of the National Pork Service and pautd Harbert of thsi ibled persons. wheelchair, you won't come down with tjoiden mp d to National and her Jon Area, all three table. simulating slit/ennf disabilities,, attempted to I(it Rasho and her wheelchair over the table. a case of the spokes' R-8 7-46 (Meeting 87-05 March 11, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 5, 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager D. Woods, Open Space Planner SUBJECT: Final Adoption of the Revised Relative Site Emphasis Plan and the 1987 Use and Management Plan Target Review Schedule, and Related Matters Recommendation: I recommend that you take the following actions : 1) adopt the revised Plan for Relative Emphasis of District Sites as contained in report R-87-42, 2) adopt the 1987 Use and Management Plan Target Review Schedule as contained in report R-87-42, 3) adopt the Conservation Management Units list included in report R-87-42, and 4) consider a date in June or July for a special Board meeting field trip to discuss Skyline corridor roadside signing and parking. Discussion: At your February 25, 1987 meeting, you tentatively adopted the revised Plan for Relative Emphasis of District Sites and the 1987 Use and Management Plan Target Review Schedule. You will be reviewing the grazing plan for Russian Ridge Open Space Preserve at your April 8 meeting (see report R-87-42 of February 19, 1987) . The priority for the grazing plan in the Relative Site Emphasis Plan will be reviewed and amended as you desire at that time. In regard to the establishment of Conservation Management Units, maps were distributed on February 25 to indicate more clearly the boundaries of the proposed units as named in the report. You tentatively adopted this Conservation Management Unit list. The maps are attached. During the meeting, a discussion evolved on the subject of site brochures and maps. The following was explained: A map or brochure is available for every District site, and the distribution varies according to the guidelines set forth in Addendum 2 of the Policy and Plan for Relative Site Emphasis of Use, Development, and Publicity of District Sites (attached to report R-87-42 dated February 19, 1987) , and according to the Open Space Management Planning Process (see report R-87-38 dated February 18, 1987) . Based on these guidelines, site maps or brochures are made available as follows: R-87-46 Page two 1. The more highly emphasized sites have site brochures available in the District office, and in most cases, at the site. The brochures, of which there are nine, are either a folded 82"xll" sheet con- taining graphics, a map, and specific site use information or a more detailed 6-fold interpretive brochure like the one available for Los Trancos Open Space Preserve. 2. The less highly emphasized sites that have public access have site access maps available, upon request, through the District office. The site access map is an 82"xll" replica of a USGS topographic map and shows points of access and public trails . 3. The less highly emphasized sites that have severe public access limitations (these areas are now referred to as Conservation Management Units) have maps available, only upon request, through the District office. These maps are those which are available with the acquisition report and in the future will clearly define access limitations and adjacent private properties. There was also a discussion regarding increased roadside parking and preserve signing along the Skyline Boulevard corridor at your February 25 meeting. It was the Board' s decision that a public field tour to review District signing and parking in this area should be set up. Summer is the best time to conduct the tour. The trip could be held in early evening and include a light picnic supper. . The meeting could be concluded at the Kings Mountain Fire Station for a discussion session. Staff prefers to hold this meeting in late June or July because of the significant current Board and staff work load. Current pressing projects include the following: a) Budget preparation including Open Space Management Budget Guidelines b) San Mateo and Santa Clara County public officials tour c) Major site construction projects at Purisima Creek, Ravenswood, and Skyline Ridge Open Space Preserves, and Picchetti Ranch Area d) Organized public preserve tours to Thornewood and Fremont Older Open Space Preserves e) Trail standards and policies f) Resource management policies g) Field safety policies h) Dog use policy i) Grazing policy j ) El Corte de Madera Creek Open Space Preserve timber harvest plan k) Resolution of access with neighbors at La Honda Creek Open Space Preserve These projects, along with seasonal increase in preserve use, will take up most of the Open Space Management staff ' s time in the next few months. Q,0, \�1~,1 \ ��\� 1'. {tH �/, i=. c—•-s;� --�•-�^' % C.:`'_ �.� 'T 1}t,- rj .y.- r , 2 � �j. \�\_ ` ���`\1\� � _:C-,�1`-�'.�O tY \�`' i � � r a0Q ��i� N C•� '\ �1��', � � 1 I '}I�I t MONTE BELLO � OPEN SPACE PRESERVE 7� ' �26 1,t ��_^^\ \�_.1\. \, \ N•,.U, 1 � ��I _ SKYLINE SK - 3� COUNTY PARK • `; �. , `�� v~� s� A J.71 1800 11\" 4961 °�_���„'� =�/ _ •�`a Test � .I� �� I r�j � �"�• � ��_ \ . \��\i°11�`1 G�� , J IrK'OJ I z>36t 1�� ����' zac�e x �i, )) a�_� �l �'! ( y ,� ✓✓%" "y j i' leoo'- 'I 1 t LONG RIDGE - F- OPEN SPACE PRESERVE Paff)i SEMPERVIRENS .FUND; 1 SARATOGA GAP__ / t —OPEN SPACE PRESER,/H MROSD EASEMENT�' �\.q t �`� �L 4a . l� � "\\ l ,1 i` � o��� »�1..-7 �ti � `_t��1 �`'Z�E" { .•-r ,_%� i /'c=�:'-y�j � 'b�j __%�S��Si/. _ at�T`�� �_` � � /ry � � j21 \�(oM�5J3 SITE MAP `\� tt f ��an8fe'�' \t��/� /a ( i• �: PEN SPACE PRESERVE SARATOLA GAP 0 SCALE 1" - 2 0 0 0' NORTH 20 'Rf ? 2 24-00 ✓-- __ _ _� \.`� / /1 �� .`� i 1 ��� <``�'j`J (� ./�"N Wyk/ ' a X Gun C1 ub T ,.vvd L Y Monte Bel l o Open Space Preserve F �g- �- � .� �. i i'• < (^;� } �� ��?,� ! /' 1�� Fremont 01 der r ` • i �,' �� ,Open Space Preserve Picchetti Ranch Area -;: - , 7 - ` 1 C.M.U.f� �J p, �q - v I\g, ,lri Stevens Creep Park \t gg � � J 1 JEEP A R K\�z Saratoga Gap #t Open Space Preserve CP 1,2 RD. NL RANCHO CO A%.. _7'� 1 2 1 JUNDEVELOPEDI .9 PEf �upertluo R1211Er�S i m S�EYEN4 S m i.8WLIE iUu. PQ 1{ i 7 j \�C_ Nl BfeL 5 I TNI IAENG,�DLOEA\\ N RO. o I A �iI• W i �,`OHN Svw.^F PROSPECT'f; . 1 ���la}�- `t�l. •\ _ � n`MfSEAVE/�� \W EXHIBIT A — SITE MAP (USGS) L;- .°'o•: s� , n -� {; =E 6�t-.o 273 : Cox SAAAi00A C I-�I MT. s MONTE BELLO l/'L 'SPPACCE N i.s o l.s°. W E OPEN SPACE PRESERVE ) _ % ( PAESE�+YE , Bl6 gur.rOOw ov COh D 4` g l.s vat c9Fsa PICCHETTI RANCH AREA j Spc INOS RO .: — I _ ,� ! f -1LOOHNY O wAN�PE ru+•• '6a JgA,.A _ it 20001 NORTH ' ° — surf _g H,wIE o —1; �. ...............-: ...............�,�s�s u,.x�.. :.,....s r - - • i .. `�11��H a � i• it water kf— J l ` ) \, A, R`-1 E OS Altvw,�11111:; )` n _ _ • � Jr n , 1``t` t� ��i 4 •:� ! -1- 6 1 e �"7!14ki l �•.. ( OOT}Ti(�i • d o u yvr - II S !'t.11 9 [ - r 'v� - \is0� — — — L — _ �,Iln♦ _ - �_ COLLECT z 1; �_ �. n + a. o $ch AVERVE - ° 1 11 O ' J,II UE1.. n FOOTHILLS \ ' %` sse ,ce v'ater'J .\ A \ _f C f yo �M t errs • 4 PARK jj{ y / �, - ,! \ \ Ch Home �a / �� ..� c f t y FOOTHILLS OPEN 'j' �- SPACE PRESERVE io,e'r C.M.U. - ` Bel _ ,Fv ig HIDDEN VILLA INC. EASEMENT .II 4� w l \ (,I -tsoo _. . % l\ DUVENECK WINDMILL HIDDEN VILLA INC. EASEMENT .; - ^ i PASTURE AREA (1 C.M.U. CITY �1 �` ..'ter'• l,r 15 p ALTO LOS TRANCOS X. OPEN SPACE PRESERVE ��,� • 15 MONTE BELLO OPEN SPACE PRESERVE ( 1 l J ,I � i �"•`, � r � a:r7r Reffe2t9 t trway Elea ror Black,M ul�taln 2. lb-6 t:- 3 Site blap ,- �!1X. , I i FOO`I`HILLS OPEN SPACE PRESERVE 2� —, L/Q� Dogs Permitted Here P Limited Parking Scale 1"=2000' NorthZ� � . :.;:: r,} 000 1800; � 4, Bea F way Blac ,n + BM 9 , 63 Rantch �`-`_ ,Y29tg3 o � .� �iPvv SKYLINE RIDGE t f ♦ / L//V— �� f OPEN SPACE PRESERVE C.M.U. ` PRIVATE PROPERTY i. !26: 1�' I �. �n I'ATO ALTd 25. ol w vt*•r f Rinch .��`.\J) )\ � 1 �� \ ' �,; i-�/ �J•, '\�' Y„��\�t��`����� \ ��- -�] 1 ! y,'IR\ fJ C, I i �1/! __ tlr INN -�`0 as=e �.�ii ) `���,^ �`�Wei DOS 1 \ij Z�..�'1`n� 1,.n ..1. '-_ _ ,�; }, ,.\\\''�1�� 34' - 1 SKYLINE RIDGE OPEN SPACE PRESERVE f NORTH SCALE 1" = 2000' , /Cyr 1\\ •,•� /%�. .� �.. t � i, ll/ Y \ • ..� >��� / � ��\\✓ \♦ t/ �`�:�.=~• - 4 6-rt� �as_ � : � \ `� �• �% �It` � Wa2eF � � �<3�.� � _fy�p\,. r��_,I, Rom1.wo We +y A .r %• �� i/� �L � -�• �� �"J e\ tore. t�• •' ' ♦ 30 -, Facil • •0 (tu. , tu \\` °O\ / - v lea Ylate 42, \ .� k.i I lbw•'%•}lyw,� VI ��J l�•I,_� � 1 l/(rib.. �N 1 I ` O .C �041 i • ■ �y f jam, ' \ + � ���r h�� A \ •��' moo � •t�� Q r ,� � � � 1 GAL » ;� ` \\• • • 'f7� < r WUNDERLICH Vv ✓ �� COUNTY PARK I '/_ ,, l�r_ C, � o � �i . i� ,F �• • Ib •Seam FAStorical arm •f ���/� t qn� OPEN SPACE! sn� � / •.�,;\fit. ���-. _-l.. - .' ., -- p ��� _ EASEMENTS , -. C.M.U. DO�\, 1\ i s aP I it '• THORNEWOOD I watfi/e C.M.U. _ I_..1610�� � - V`, '; ''.�w b- _ �_•l:i ci t/y/=; f S`e'. „\•`�r�-- ����e \`\ \_J-" Lake — U Z ✓ ��—��r i-. �;.WATER RESERVES C.M.U. "�,\\�,� j t > �`��q� ate r %1T \�\\ er +' 1 SK\ Londa a ; 'wate SITE MAP 26 � v oil �r THORNEWOOD OPEN SPACE PRESERVE 7 r .oOG o ) rl '.\°�z• �, SCALE 111 2 J\ qq < ` /' y.��.. — 0001 NORTH . _:� ni- �'! / -. 2 „I ! _ �,. \t., • \ii _.1. \`\1�b71�"`�. �.�.z ..�•e _v yr+u.0 uerlrr_sx—•«.naa..os.isav � l•l fl •..� w-.. ... •., r a>.. � � ,� o� Water.. 14, l lq _ ' C S` ANOAN' WAS /•_;a � j/, - �f � xBorrow Pit / .� OPEN P ,C_IJRESERVr BM_839 `�4 �" N �,.�1'' IL ravel K C.M.U. cio 12 ,�... � i��; /�li/, ��:��� � !� \ I,(��/�� ice'! ,�"'t+l/.l \i`� tt•..`'�� _s�\� ti ) � � � .� '� ✓..-� � �/�� ���\�f Mtn A � 'VA � r�� 4 1'•I 1 r �� '�.�. � AA,>• - 1_,k, ��(� !. Ins A -C_ C� 'ii ilrll r('✓ ��lf ����� 1'� -�� �� f � a�� •J�C A ��� ! •�' � � � ,' ,� __, =-\� -1„ ;r�,,\� I,� i r `._� •!f' ��0� \.>``��//�j ��`�1 \�( ° rStLlF dit !. 00 14 Mourarf Bierawskr }�. Gr�� /%_ . .f ., ...(. �. —'.7� L:�\ ,'1�0�Is�\ REEK The Peak. �' `+;,4csecioir "' r 1 C Rea. 1 ,_ ti r ,mil 1 f : SAC T_ PA?K� srF� 1. T NCO.PARK P� .`- C) , / (//J 1�� t= C (\ \F� •::. : _ •: }: et�Ea, rya Mt. o '\ - _ /(1/(1 _ l l� - •��\ •."::..f ova ` J�_�`!1 �F4 � 1f J -_\ `� � / ��,\�1 �_ �`-=� �`/�1 � u`��\ t�� _ R ,✓> � ���� ��� � ;}: �al \� , .- 3 =q Saratoga ! :3 COgCgf EXHIBIT A — SITE MAP 1.6 r STa TE GS � 'SPR/N FOaEST� = - �rCA^ Eij STL � ROCK COSTANOAId WAY � ••b am .vARK '`\\ 27 OPEN SPACE PRESER VE E .1 :FAR�! �3 O ( (C'NDEMOPEO) St/NYYVA[E (D `.. f- /•'T, 2 FARK -, \- \� ! 1"=2000' NORTH 11. •............................................................................ -._......"-....."".....-.... ....._.._.._..................................._..................._......__........ ... �' Hig}� /1 "'`,\�l lA ��.\< ,"�` ! i� I.�AJM fir`;-"=s;;r s rrr ,:�. ,r�• ,�\_ '� \�\,�. �\�26 �•�J X '00��%�i:� 7 j ' BLAI R PROP R j P i , p )EN SPACE EASEMENT~ NOVITIATE PARK f'. '•• ,�s� „'� -� `� 'C.M.U. (TOWN OF LOS GATOS _.._ v OPEN SPACE', C M.U. EASEMENT. • 0 i � !1r i LOS GATOS 4;r= �"� _�_\`� '✓; x - { �tt CREEK PARK;" 46. vru.wAv e45 ,, .- �'ti\ '•` LEXINGTON RESERVOIR RECREATION AREA I�fSIERRA AZUL OPEN SPACE PRESERVE.:. $ac (SANTA CLARA ^'r•—VALLEY WATER DISTRICTS %'fr� r `��'�` - v -T' �`�"✓/�� �� ---- r--..- ^•r.-. -�ri^r';.�-•CCU",.,-^�- ����/\"�. �--ti�� I Ql A.: \� �� r _/_�BM�.137 r SITE~MAP SIERRA AZUL OPEN SPACE PRESERVE a M. _ l LIMEKILN CANYON AND KENNEDY ROAD AREAS •F • : ��� B4 JJ (/ O n - J -� isas,i ---- - -- - - - �' rr.--_ l .,r -� It - TH ---, C 9 ��----���1 •SCALE 1 - 2000 FEET , NOR 7b � �. .5-_ ,�' t',:�a I�••'�. Cl. .3..,', MT. UMUNHUM AREA,, VO .('herr��r,,•.,i1r I // -ti/���\` 1f f� /-y`�- ✓ '�' � t�i—V ---- -- - -- . - — - -- — z066 f - -7 J ;) L� - '� s Et! Sombro-so - f" _ =2. SIERRA AZUL OPEN SPACE PRESERVE; C•M.U.>: MT. UMUNHUM AREA Mt Umunhum Gulch C.M.U. —77�77- 2313 MT. UMUNHU l AREA i2186 '- - -- --- -- � �_i,..,� � -- 1 fir, � �� �- , ,1 •�f ),�, I PROPOSED ADDITION TO THE\ 5 5, 0 • _- J .\ {:`ram`- i LI iOPEN UL SPACE P ESEP ESIE RAA�MT. UMUNHUM AREA ),SCALE: 1"r=2000' NORTH 1 Zc MW SIERRA AZUL OPEN SPACE PRESERVE t,'�,' 1 t� _ f „� .� °ir> "f -` ► MT. UMUNHUM AREA k SCALE 1" = 2000" NORTH . YT. UMUNHUM ,. MT. UMUNHUM AREA v \ . J CATTERMO_LE. RD. �y� �rQ �0 plc C.M.0 27ssJ M.U. r ^. � ova � 1 ,�r'�.. � � � _ a�oOO/ �( �'•`,� � '. `\' •,\�� \off=� ��/y�1ri, 1��, •.. -a-�11` � -2+00-- � -���� _ t1�_ u J �.,' '��\\.\ ./1•. r,A ��-r_�-� lr' ;c-z�--�9� c�/_ \ .� S I ERRA AZUL OPEN SPACE PRESERVE �.� i � ��,% A ��'� Mme„°))Z 1 r MT. UMUNHUM AREA �fr� i T' 11 ,�r/f , 1 jr--=!� ., J�-, �` ,, % sss,.,`, - s'-� �E. \'•. .� �� `' `\ SCALE 1 —2000' NORTH. f r l,r".'r -� _ �-60S' N jam% J ,'•. � }/��� / /.� [ \ 36 S A _ add EN'QUICKSILVER COUNTY PARK'— Ity�/=�Jf _ � � {,``"'�, /fir-,���-1\ � i' / -_. , '\(; � t-.. ''� i r,�; i- 1 h �' ...f� � `-"''( �.. � �;✓ T �:' - �� � �- _ �W V•� I .. - rl :mil - �\� 1 7 E fj 5 o m b r os o .,,�,'' ``.`� Cl ee,l , N o �' o• _z, -- ' ff - i 0X - ( / r PR I VATE PROPERTY r, /U rn U tl fl a Y J� - y aye Erg - � � 'i � � i I�� �J- 3cG ✓ �Irl 'gh r �� 80 v• 1 • \\ 1 ` `1�if. (/ �• .�/. � ,��u _ �� �'ti,��, r'1�.. n . _off -'\f i . "..� I'`' \ �. ) r(-___' '- _ r. -- .j�� q _ •��� do,`'�. �T--,�..".1'`.s^' 'tii`r~ �`��� �;;( .,--�.• l'j,f/(�fE•�,. 1�800: \� � � O �l\i A : AZUL OPEN SPACE PRESERVE` MT. UMUNHUM AREA ` �r°p° .1 � ®rl" ,� 10 ' Sanborn Skyline it County Park �' _ '`: f~ C `Z ' ' :,-. Lexington Reservoi-77 r l .. Recreation Area elton - J (Santa Cla ra Guard � ���� ',,��:�� �Ir.�v/jto _ _ ���.•�� d d Valley,�� A Water District) . - vuLwFv "ens 32 * 31 Rirs /4 e. t � 'r —' S^rv��r (•� - ` . s'i ` _ \'_\ {\ i t t`. QC �•'/��.1 \ +� pl i. �� (•: C.M.U. b ` - Briggs Creek . �f \WatQr Tank] �� •r _•_� �~ `\ \ _ ✓^ _ 4 J . 1 A P W T P\ �� p • � �_ \ `— ��\l��t -•-/.rr �©_� � t'�i�, `�\�� ��j�L_ on r 1f!1;10 . OIL b � � ` `- � i ii.ROAL7" .\ � � ) \ •... ,\ _ �eCS (/�� \r � " �� 1 �; ° \c•, z� .•x�•i t ��! � __. ) .O I :N q / i/�'\\ou I� _, .O� i,L`� � �- _ � 1 �> i 'l r• ,� f *ems� � ^�n ;� � � n I � � ii Il 5/ �� /..-� \ __-� -• I `��1 �� �, i � �lfont'pLuma , - ��-� ��•• 0 p/P- f - ,V ..� ��i� `-/_\\y�� -� � . _ \'I t '."- �\''/ �• �11{ , !/ _ -�Sy1'`A' �.—:_� V11ClItESKe .�" b: �. 7' 1 ' 8 d'� <� /-�. ;r ••t, •Pa k, } r t �, -g-� l � ` � � 9t3i1 eA� - �. sue.\ y , \ , ,� �, !_ �� �•.� u IN / !� --W2 FO \\\` • ' e• s�� t�. C - � �� �J � �; �� , �� `�\-! � -\ � \\.`�\���-.�� ��� �o'er •�-` �' \o �.� j -`\ � � � RO D-I � ( ' .., � n0 /` �, �-+r�s`5 ;1.{ 1'�• \ MIf I 1 d t , white I __ �--\ . y � \ � _ � q�� ��� _ ��\,�.'�/ \' 1 Vb` s /'��±-„i• / /„ ! �. 040 BRIGGS CREEK OPEN SPACE PRESERVE VA 13 SCALE 111 2000 FEET NORTH \ t1 \ /F ;�//� �`�c ¢,?. ae.-nor. 1 Ytt ✓ �� \ \.'V'�.��,.7i r ,« r �y R-87-43 (Meeting 87-05 March 11, 1987) Noe :241 0 am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 3 , 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland, Operations Supervisor; C. Bruins , Administrative Assistant SUBJECT: Request for Authorization to Solicit Dump Truck Bids Recommendation: I recommend that you authorize staff to solicit competitive bids for one 4X4 , 2-yard dump truck as described herein. Staff will return to you following evaluation of the bids to request authorization to award a purchase contract. Introduction : At your May 28 , 1986 meeting, in conjunction with the adoption of the fiscal year 1986-1987 Open Space Management budget, you approved the amount of $16 ,500 for the purchase of a heavy duty dump truck (see report R-86-31 dated May 23 , 1986) . An additional $16 ,500 was noted as a contin- gency in the event that the initial sum proved insufficient to acquire the desired model or quality of vehicle. Discussion: Following final adoption of the 1986-1987 Open Space Management budget, staff developed two options for analysis . The first consists of a full-sized, 5-yard dump truck which would exceed the District 's current trailer towing and material hauling needs , but could eventually meet our long-term needs of the 1990s . A full-sized dump truck would be most effective if combined with a new, larger equipment trailer. This would enable transport of District equipment or large rental tractors from one job site to another. However, transporting heavy equipment, especially in mountainous areas of the District, is poten- tially dangerous and would require a specialized "Class I" driver 's license for the operator. Also, the extra height, width, and longer wheel base of a 5-yard dump truck would preclude its operation on several of the District 's patrol and fire roads . The estimated cost of a new 5-yard, 4-wheel drive dump truck, complete with a heavy duty automatic transmission and air brakes for mountain hauling is $50 ,000 . The larger equipment trailer would cost between $6 ,000 and $8 ,000 . The second set option consists of a medium-sized 2-yard, 4-wheel-drive dump truck which could meet most of the District 's equipment and material hauling needs for the next 5 years . The advantages of opting for a smaller dump truck include significantly lower maintenance, operation, and insurance costs; the ability to tow more safely the District 's current tractor and trailer combination; the compactness and versatility to negotiate most of the District 's patrol and fire roads ; and the absence of any specialized driver 's license requirements . The estimated cost of a new one-ton, 4X4 vehicle with dual rear wheels and a 2-yard dump bed is approximately $23 ,000. An example of this type of truck is shown on the attached brochure sheet. R-87-43 Page Two Given the scope and nature of more than 800 of the maintenance projects performed by the field staff at the present time, the purchase of a smaller, more versatile dump truck should be adequate for the next 5 years . After that period, the increased scope and nature of field operations may necessi- tate the purchase of a full-sized 5-yard dump truck. Field staff members have spent considerable time looking for second hand trucks but have not been successful in finding a reliable , cost-effective vehicle to this date. The estimated cost of $23 ,000 is $6 ,500 above the budgeted amount. Contin- gency funding is not requested at this time, as additional funds are avail- able in the Open Space Management fixed assets account. Since other fixed asset equipment is expected to be purchased this fiscal year, the budget may be overspent by up to $6500 . However, the vehicle consumables budget (e.g. , gasoline) is expected to be underspent by that amount. -- I L =c F-SERIES SPECIFICATIONS , r- f-350 4x25RW F-3504x2DRW F-3504xq SRW f-3504xq DRW Wheelba,e in 133 1_ 161 137 GV WR Qb.) Std. 8 B00 10 000 10 000 8 800 11 000 opt 11000 11 000 Pgload(Ib.J Std. 5 070 5 850 5 720 4 240 6 235 6735 6605 Axles(Ib.)- hone 4 000 4 000 a 000 5000 5 000 win-I-Boom front axles Monobeom front axle Rear 6 250 8 250 8 250 6 250 8 250 Springs(combined rating r ground) Front 2765 2915 3065 3400 4100 Rear 7,589 8,358 B 358 7,596 8 427 Shock obsorbers Twin-tube as-ressurired Engines Sld. 4.91,EFI I-6Pl 4.91.EFI I-601 7 76L V-B 7.5LV-8 1 Opt. 5.8 HO V-Stir 5.8L HO V-81ti 6.9L V-8 Diesel 6.91 V-8 Diesel 6.9L VA Diesel 6.9L V-8 Diesel 7.51.V-8 7.51.V-6 - Transmissions Sid- 4-sosed manuak 4-s T-19 with 6.91.and 751.engines Opt. Select5hih automatic Fuel sank(gall Std. 19(single tank.20 with 6.91.diesel Opt 36 dual tanks 39 with 6.91.diesel - Stis-na and broke, Std. Power-assisted Elecnicol,Bone om-hr.l2i Std. 72 72 72 72 72 dua18413i 72 duol 64�sl Dual 84i31 Dua184131 Ahernotor(..Dl Std 60i" 60W 6osl 60W Tire,(min,rate) Std. Four LT235/85R-16E Six LT215/85R-16D Four LT235/85R-16E Six LT235/85R-16E AII-season All-season AII-season AII.season Opt Optional tires in sizes to match Payload/GVWR requirements. Use od vote tires for loods and of service.Consult our Ford Dealer. Wheels min.rate Std. 8-hole disc 16x6K 8-hale disc 16x6K 8-hok dix 16x6K 8-hole dlx 16x6K Note.Load rating represents maximum allowable weight of pea le,carg and body equipment,and is reduced by eight of oph8 Diesel eq only. ent O)Not available in California. (2)Maintenance-free battery �31 Duaf 84 amp-hr.batteries available and included with 6.9L V• (4)70 amp included with 6.9L V.8 Diesel and air conditioning. F-SERIES DIMENSIONS Rear Cab-Rear Axle- Axle 1 Cab Overall Axle Frame From Halght Heigh i Tread Width Height" Series Wheelbase Len th Length Len th Em t /Loaded Loaded Front/Rear (Empty) F-3504x2 Sin le Reor Wheels 133" 203.9" 56.2" 40.5" 26.6/20.4' 8.17' 65 7/73.2 74.3' F-3504x2 137' 205.7' 60.0' 38.5' 24./20.8" 7.54' 1 65.7/671 73.5' Dual Rear Wheels 161- 229.8" 840' 47.5' 24.4/20.T 7.54- 65.7/67.1" 73.7 F-350 4x4 Sin le Rear Wheels 133' 203.9" 56.2" 40.5" 30J/4.2- 8,17' 67.9/64.3 78.7' F-3504x4 Dual Rear Wheels 137" 2058. 60.0' 1 38.5- 28.9/25.1" 817' 67.9167Y 78.0 0)Height represents dimensions of a nominal veh.cle with no opts.Actual height may vary due to production tolerances 3 i fviIDPENINSULA, REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: March 11, 1987 DRAFT DATE: 3/9 DRAFT AGENDA ITEMS Meeting No. 87-06 Directors who expect to be absent: Meeting Date; March 25 Nonette Category Time Subject Name Lead STATUS (min) on Report DUE DATE Agenda Resp. 1st . Final Los Gatos Creek Park Mar 17 Mar U&M _ 2nd Reading David David Windy Hill U94 David David 10 Scheduling of Spec. 4tg. for Field Herb Mary Tri w San Hateo Count Officials Amendment to Kidwell Agreement i Cra Resolution g Crai C Selection of Computers Jean Jean 20 Goole Access ADavidJean i Nb MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 11, 1987 Special Notice San Mateo County Land Tour We have received confirmation from the Board of Supervisors of San Mateo County that they prefer to have the San Mateo land tour on Friday, April 24 , from 10 a.m. to 2 p.m. Please reserve this date on your calendar. We' ll provide more detailed information at your meeting on March 25 . amnwnx MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 March 9 , 1987 Senator Rebecca Morgan (Identical letter sent to California State Legislature Assemblyman Byron Sher) State Capitol Sacramento, CA 95814 Dear Senator Morgan: We appreciate your willingness to co-author legislation that the Midpeninsula Regional Open Space District is sponsoring. This legislation, if adopted, will significantly help us in our program of acquiring open space land while it is available and at the same time make District sites accessible to the public. On behalf of the District' s Board of Directors , thank you very, very much! Sincerely yours, r Ri and ch Bis o President P. Board of Directors RB:ej cc :/MROSD Board of Directors Herbert A.Grench,General Manager Board o/Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Danief G.Wendin -Alt 4, too . ..�� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 March 6 , 1987 Honorable Bill Lockyer California State Senate State Capitol Sacramento, CA 95814 Dear Senator Lockyer: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I wish to convey our enthusiastic support for your SB 100 , which would provide coordinated planning for a bikeway around San Francisco Bay. This District has acquired and developed segments of a bayfront trail in the Menlo Park, East Palo Alto, and Mountain View areas. Additionally, we have encouraged other public agencies along the Bay within our District to develop portions of an overall trail system. (This District extends from Redwood City through Sunny- vale along the Bay. ) But there is important planning yet to be done to overcome physical and jurisdictional obstacles such as we find in the Redwood City and Moffett Field areas . Our General Manager, Herb Grench , will be working with our Legis- lative Consultant, Ralph Heim of Jackson/Barish & Associates , in Sacramento to help you in the legislative process with SB 100 . Copies of a brochure showing District open space preserves and our 1986-87 Annual Report are enclosed for your information. Sincerely yours , ac r i ,/ in Richard Bishop, President Board of Directors RB:ej Enc. cc: MROSD Board of Directors Assemblyman W. Duplissea Assemblyman B. Sher Senator R. Morgan Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nanette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin t Odet MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 March 9 , 1987 Mrs. Helen Click 615 Magnolia Drive San Gabriel, CA 91775 Dear Mrs. Click and Friends and Family of Nancy Minard: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I wan' to convey our deep appreciation of your gift to Save-the-Redwoods League for a memorial grove at Purisima Creek Open Space Preserve. Your thoughtful action will preserve an irreplaceable part of the California scene in lasting memory of Nancy Minard. I have enclosed some material about the Open Space District for your information. Sincerely, Richard Bishop, President Board of Directors RB:ej cc:✓"MROSD Board of Directors John DeWitt, Save-the-Redwoods League 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 ti i W 2a1 4.a .'MIMIC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 March 9 , 1987 Ms. Mary Griffin Board of Supervisors County of San Mateo 590 Hamilton Redwood City, CA 94063 Dear Mary: Congratulations on your election victory! At the present time San Mateo County and the District are working on cooperative projects in the baylands and along Skyline Boulevard. Our Board of Directors is looking for- ward to working with you on these and other projects. Enclosed is a brochure showing District preserves and our 1986-1987 Annual Report. Sincerely, Richard Bishop, President Board of Directors RB:ej Enc. cc:VMROSD Board of Directors 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 l Los Altos Board of Realtors 321 Second Street • P.0.Box 742 I.os Altos,CA 94023-0742 • (415)948-8219 February 25, 1987 i Mid-Peninsula Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 t,gar Community Friends: For the past 23 years, the Los Altos Board of Realtors has had the privilege of honoring an outstanding member of our community with the Community Service Awdre;. As one of our important organizations, you are cordially invited to nominate someone for consideration for 1987, either from among your ranks or whose work is known by you. Yo be eligible, candidates ;hall have contributed in a meaningful way to the quality, spirit and character of the Los Altos or Los Altos Hills communities. PlPa--e consider this matter with your membership at your next regular meeting. All nominations must be submitted no later than April b, 1987, to the Los Alto Board of Realtors, 321 Second Street, Los Altos, 94022. If required, additional fc-ms and information are available at the above address. The recipient of the 1937 Community Service Award, and the sponsor, will be notified at least 10 days prior to the awards luncheon. If you are not noti- fied, you can assume your candidate was not selected this year. We would also take this opportunity to invite your organization to attend the special event to honor the 1987 recipient on Tuesday, April 28, at the Los Altos Golf & Country Club. Tickets may be purchased at the above address or by calling 948-8219. We look forward to your nominations and your represen- tation for this award. Cordially, ck Thatcher resident Enclosures LOS ALTOS BOARD OF REALTORS 321 Second Street � Los Altos, California 94022 COMMENTS ON THE APPLICATION PROCESS 1 . The attached form is merely a guide to assist you in the presentation of � your information. You are encouraged to use your own format to best describe � � your candidate's contributions. If desired, you may include newspaper clippings, etc. , to augment your resume. Please understand that each candi- date will be judged only on the information which you contribute. 2. If you have nominated someone previously who has not been chosen yet for the Community Service Award, we encourage you to submit that name and application information again. 3. A list of previous recipients are given below so that you will not unknowingly nominate one of them. � � � � 1964 - Roy L. Dunnatt 1976 - Thelma Dunnett 1965 - Blanche La Du 1977 - Frank Furuichl � � 1966 - Billy B. Russell 1978 - Walter D. Chronert 1967 - Lee Lynch 1979 - Samuel Kahn � 1968 - Josephine Duvenock 1980 - Marlon Jackston 1969 - Mary Lou Zoglln 1981 - Bill Shine � 1970 - Robin D. Faisant 1982 - Frank Duvaneck � 1971 Audrey Fisher 1g8� - Lucille �l�wer � _ � � 1972 - Roland R. Renshaw 1984 - Grace Johnston � 1973 - John W. Huston 1985 - Mary Wallace Wheat 1974 - Dr. Hubert W. Scmany 1986 - Rosemary Panec 1975 - James R. Powers 4. Your nomination must be submitted to the Los Altus Board of Realtors by April 6, 1987. 5. The name of the 1987 recipient will be held confidential until the award luncheon on Tuesday, April 28. The nominee must be present at the luncheon to receive the award. Both the recipient and the sponsor will be notified at least 10 days prior to the awards luncheon. "S ALTOS BOAR© OF REALTY COMMUNITY SERVICE AWARD NOMINATION FORM NAME Last First Middle Home Address Phone Business/Occupation Business Address Phone Married: Spouse's name Number of Children Names & ages Education: High School Colleges Degree Degree Membership in Civic Affairs: (Local , State, and National level participation) Officer, Chairman, Member Dates Membership in Service Clubs: Charitable Activities, Political Commissions or Committees, Fraternal and Religious Groups Business Accomplishments: Awards or public recognition of business conduct, etc. Biographical Sketch Why I think this person is deserving of the Community Service Award: If chosen as the Community Service Award recipient, could this candidate be present at the awards luncheon? Yes No 1-7 NAME OF SPONSOR: ADDRESS: TELEPHONE NO. DATE: I M AIIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: March 6 , 1987 i CITY OF MOUNTAIN VIEW RC('1-<<iti«n 201 S. Rengstorff Avenue `('CI IA1011c: (415) 966-6551 (post Office box 7,140 Mount,xin View, CA 94059 February 27, 1987 Mr. Joseph Dozier 180 Second Street Los Altos, CA 94022 Re: Proposal to Dead-End St. Joseph Avenue at 280 Overpass Dear Mr. Dozier: Thank you for speaking with me regarding the ending of St. Josephs at 280. I sympathize with the traffic problems the residents in the area are experiencing. We, too, have our difficulties with overuse of the preserve. The City of Mountain View has operated an environmental education center, Deer Hollow Farm, within the preserve for the last 1.0 years. As we discussed, the closure of St. Josephs would not present a problem for us if 1 ) the County constructs a vehicular bridge across Permanente Creek in the vicinity of the County parking lot off Cristo Rey for use by school groups attending educational sessions. 2 ) there is adequate gating on St. Josephs to allow for vehicular access by City of Mountain View employees (about 3 cars daily. ) Your consideration regarding my concerns is appreciated. If you would like more information, please contact me. Sincerely, Paula Bettencourt Recreation Director cc: James Dozier MROSD Board of Directors Herb Grench Arne Croce LTPB287D r Public Services Agency FEB 2 Parka an4 Recreation 2W Garden Hill Drive Countyof Santa Clara `°'`��•Reservations California 95030 VSI(408)358-3741.Rasarvattana 358 3751 California Dave Hanson February 23, 1987 t - - Mr. James H. Dozier La Roar Steering Committee Member 180 Second Street Los Altos, CA 94022 Re : RANCHO SAN ANTONIO - CLOSING OF ST. JOSEPH'S AVENUE Dear Mr. Dozier: I am in receipt of your letter dated January 19 , 1987 explaining that LA ROAR will be approaching the City of Los Altos to request the closing of St. Joseph's Avenue at the 280 overpass to all traffic entering that area except emergency vehicles. You identify four areas in question and I will respond to each one as listed in your letter. 1. Regarding your request for the schedule for construction (start to finish) of additional parking at the end of Christo Rey Drive: The Department of Parks and Recreation' s Five Year Capital Improvement Plan (CIP) had originally designated additional permanent parking to be constructed in Fiscal Year 1987. During recent budget sessions, Parks and Recreation technical staff recommended that construction of permanent parking at Rancho San Antonio follow completion of the Masterplan. The Masterplan would identify the most compatible locations for parking in context of the overall site conditions. The masterplanning process is scheduled to begin in Spring/Summer 1987 and is expected to take twelve (12) to eighteen (18 ) months. Staff has recognized the pressing need for additional parking now, however, and is planning to construct temporary parking during the interim. Approximately 50-80 parking spaces should be completed near one of the existing parking areas by June, 1987. 2. Regarding the schedule for construction of the vehicular bridge across Permanente Creek: The construction of the vehicular bridge across Permanente Creek is being handled by the Division of Construction Services within the County of Santa Clara. I have contacted Project Manager, Hernando Caampued who informed me that the contract was awarded October 21, 1986 and that ground has not yet been broken due to weather conditions. Mr. Caampued states construction of the bridge should be An Equal Opportunity Employer Mr. James Dozier February 23,. .1987 Page 2 completed by June 1987. If you have further questions regarding this bridge, please contact Mr. Caampued directly at: ;Division of Construction Services , , z .County of Santa Clara .a. 911 Bern Court, Suite 100 San Jose, CA 95112 (408 ) 299-2462 3. Regarding the number of parking spaces presently provided and the number of additional parking spaces to be constructed: At present there are 78 parking spaces at Rancho San Antonio.. An additional 50-80 temporary parking spaces will be completed by June 1987. The temporary parking spaces will be replaced with permanent parking upon completion of the .Masterplan. The Masterplan document will include studiesto assess the needs and uses at Rancho San Antonio, as well as-the carrying capacity of the area. These studies will help determine the ultimate number of additional parking spaces to be constructed. 4. Regarding what effect, if any, the closing of St. Joseph' s Avenue at the 280 overpass to all traffic but emergency vehicles would have on our operation: Extensive inquiries have been made to County Property Management Division, County Counsel, Ranger and Field Personnel of the Parks Operational Unit, as well as with the Department of Parks and Recreation Technical and Administrative staff, and Midpeninsula Regional Openspace District to get a sense of how this measure might impact the Parks from an operational point- of view. The needs of LA ROAR are we ll known and there is a general consensus that the County Parks Department will continue to wo rk ark cooperatively to resolve LA ROAR' s concerns. The masterplanning process is an opportunity to address complex issues such as the impacts of vehicle circulation on surrounding landowners. Because current operational concerns may be change as the masterplan is developed, it would be premature to state the affects of closing off St. Joseph's Avenue at this time. Mr. James Dozier February 23, 1987 Page 3 I will certainly forward your letter to the consultant who is selected for the',,Rancho San Antonio Masterplan so the specific :concerns of .LA_'ROAR can be addressed in the Masterplan. We share your concerns and look forward to working with you during the masterplanning process. If you require further information, please do not hesitate to contact me. Sincerely, Ruth M. Sh fiber, Park Planner ec: Roy Cornell Dianne McKenna Karen Foss A3/F23RS3 :mm DAMES H. DOZIER LAW OFFICES OF DAMES H. DOZIER JOSEPH W. DOZIER TELEPHONE 180 SECOND STREET AREA CODE 413 LOS ALTOS, CALIFORNIA 94022 941.3940 January 19, 1987 Ruth Schriber Parks and Recreation Dept. County of Santa Clara 298 Garden. Hill Drive Los Gatos, CA. 95030 Re: LA ROAR Dear Mrs. Schriber: LA ROAR is a homeowner' s group representing the residents of the St. Joseph Avenue area of Los Altos. One of our members, Roy Cornell, recently contacted you requesting the support of the County Parks Department in our endeavor to convince the City of Los Altos to close off St. Joseph Avenue at the 280 overpass to all traffic entering that area, except for emergency vehicles. The County Parks Department has been very cooperative in the past to erect signs along St. Joseph requesting that Rancho San Antonio park users are to use the Cristo Rey entrance rather than the St. Joseph Avenue entrance. This has e hel , but we still have an awful lot of traffic and ncan manticipate a lot more when the St. Joseph College sells their land to developers and this property is developed. As you know, the land in that area has now been annexed to the City of Cupertino. Our position is that the City of Cupertino should provide access to this area and should plan for it now. On March 10, 1987 our group will go before the City ` A of Los Altos to encourage the City Council to take an official position and set a time for the closing off of St. Joseph. We have had ongoing discussions with varous Los Altos Council members over the past nine months in this regard. We have also had encouraging talks with the Open Space S District (Mr. Dave Hansen) wherein staff for the Open Space District has indicated that closing off of St. Joseph to all but emergency vehicles and occasional maintenance vehicles from the open Space District would in effect reduce their Policing problem. Their indication is that they would probably not have any objection to the closing off once the County builds the vehicular bridge across Permanente Creek adjacent to the County Parks' parking lot in that area. We would like to receive the following information from your department. 1 . The schedule for construction (start/finish of additional parking at the end of Cristo Rey Drive) . i II 2. The schedule for construction of the vehicular bridge across Permanente creek in this area. 3. The number of parking spaces presently provided and the number of additional parking places to be constructed. 4) What effect if any would the closing off of St. Joseph ,�R(venue at the 280 overpass to all but emergency vehicles / have on you operation. I thank you for your cooperation and reponse to the above. Should you want clarification, please feel free to call me. Yours truly, I J ES DOZIER LA ROAR Ste g Committee Member c.c. Roy Cornell JHD:pk I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 February 27, 1987 Local Agency Formation Commission (Same letter sent to Santa Cruz County of Santa Clara County LAFCO and San Mateo County County Government Center LAFCO) 70 West Hedding Street San Jose , CA 95110 Dear Commissioners : Over approximately the last two years the Board of Directors of the Midpeninsula Regional Open Space District has held a series of pub- lic workshops , formal public meetings , and committee meetings in order to develop written land acquisition and related policies. The general public and, particularly, our neighboring landowners in the Skyline Boulevard area have been intimately involved in this process . Finally, at our regular meeting of February 11, 1987 the District's Board adopted the following policy regarding annexation: The District may initiate annexation of lands in which it owns at least 50% of the fee interest, but shall not seek to annex lands not at least 50% owned by the District without the consent of the owners of more than 500 of the fee interest in each of the properties involved. Annexations initiated by petition or by LAFCO shall be con- sidered by the District. We are planning on reactivating or initiating annexation proceedings of some District-owned land in the near future now that policy has been reevaluated, written, and adopted. Sincerely yours , Richard Bishop, President Board of Directors RB:ej cc: MROSD Board of Directors Herbert A.Grench,General Manager Board o/Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin f N P MAR 0 2 1987 SENATE BILL No. 297 Introduced by Senator Petris February 4, 1987 - '- An act to amend Section 5536 of the Public Resources Code, relating to regional park, park and open-space, and open-space districts. LEGISLATIVE COUNSEL'S DIGEST SB 297, as introduced, Petris. Regional park, park and open-space, and open-space districts. Under existing law,the board of directors of a regional park district, regional park and open-space district, or regional open-space district may provide compensation to each director for attending meetings of the board, not to exceed $100 per day nor $500 per month. This bill would alternatively authorize the board of a district to provide each director a salary of not more than$500 per month, except that the maximum amount could be increased by the change in the California Consumer Price Index for All Urban Consumers, but not to exceed 5% per calendar year. The bill would authorize the board of a district to establish a retirement system for directors and to pay annuities, pensions, retirement allowances, disability payments, or death benefits. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 9s 50 1 i r SB 297 —2— —3— SB 297 The people of the State of California do enact as follows: 1 its members and provide for the payment of annuities, 2 pensions, retirement allowances, disability payments, or } 1 SECTION 1. Section 5536 of the Public Resources 3 death benefits, or any of them. 2 Code is amended to read: 4 (d) All vacancies on the board shall. be filled in 3 5536. (a) The board shall establish rules for its 5 accordance with the requirements of Section 1780 of the ¢ 4 proceedings. 6 Government Code, except that, in the case of vacancies 5 (b) The board may provide, by ordinance or 1 7 caused by the creation of new wards or subdistricts, the 6 resolution, that each of its members may receive an 8 directors shall, prior to the vacancies being filled, 7 amount not to exceed one hundred dollars ($100) per day 9 determine by lot, for the purpose of fixing the terms of 8 for each attendance at a meeting of the board. For 10 the first directors to be elected to the wards or 9 purposes of this section, a meeting of the board includes, 11 subdistricts, which ward or subdistrict shall have a 10 out is not limited to, closed sessions of the board, board ' 12 four-year term and which ward or subdistrict shall have 11 field trips, district public hearings, or meetings of a. 13 a two-year term. The persons who fill the vacancies 12 committee of the board. The maximum compensation 14 caused by the establishment of new wards or subdistricts 13 allowable to a board member on any given day shall be 15 shall hold office until the next general election and until 14 -one hundred dollars ($100). Board members shall not i 16 their successors are elected and qualified for the terms , 15 receive any other compensation,and no board member 17 previously determined by lot. 16 shall receive more than five hundred dollars ($500) 17 +compensation under this section in any one calendar 18 month. A board member may elect to waive the per m 19 diem. Alternatively, the board may provide, by 20 ordinance or resolution, a salary of not more than five 21 hundred dollars ($500) per member per month, except 22 that the maximum amount may be increased by the 23 change in the California Consumer .Price Index for all 24 Urban Consumers, but not by more than 5 percent each i 25 calendar year following the operative date of the last 26 adjustment. In addition, the board may provide, by 27 , ordinance or resolution, that each of its members not 28 otherwise eligible for an employer-paid or partially O 29 employer-paid group medical or group dental plan, or 30 both, may participate in any of those. plans available to € 31 permanent employees of the district on the same terms 32 available to those district employees or on terms and 33 condition as r' s the board may determine. A board member 34 who elects to participate in any plan may also elect to 35 have the premium for the plan charged against his or her 36 per diem and may further elect to waive the balance of x 37 the per diem. 38 (c) The board may establish a retirement system for ri Cimms No. 87-05 bleeting 87-05 MIDPENINSu. A REGIONAL OPEid SPACE DISTRICT Date: March 1 1 , 1987 REVISED C L A I M S # Amount Name Description 9669 41 .73 Ace Fire Equipment & Service Company Fire Extinguishers 9670 20.00 American Land Resource Association Subscription 9671 170.35 AT&T Telephone Rental 9672 42.63 L. Craig Britton Conference Expense 9673 48.00 Career Track, Inc. Seminar Registration--Mary Hale 9674 180.00 Jean H. Fiddes Reimbursement--Conference Registration 9675 550.00 Foss and Associates Personnel Consulting Fee--February 9676 230.04 William Glass Trucking Base Rock 9677 40.40 Walter D. Goggin Private Vehicle Expense 9678 275.62 Herbert Grench Reimbursement--Out-of-Town Meeting 9679 85.55 Hengehold Motor Company Van Rental 9680 89.88 Home Electrical Electrical Repairs 9681 148.30 Honeywell Protection Services Alarm Service 9682 106.81 Hubbard & Johnson's Field Supplies 9683 175.9) The Hub Schneider's Uniform Expense 's 1 ,050.00 Jackson/Barish & Associates Legislative Consultant Fee--February 66.24 Jobs Available Ranger Advertisement 9686 66.06 Thomas Lausten Reimbursement--Conference Expense 9687 857.50 Alton S. Lee, Architect Architectural Services--Picchetti 9688 260.0o Los Altos Garbage Company Dumpster Rental 9689 53.68 Ron Miska Reimbursement--Site Maps 9690 78.44 Mobil Oil Credit Corporation Fuel 9691 308.94 National Mailing Services Annual Report Mailing 9692 45.00 National Recreation and Park Subscription Association 9693 11 .21 Norneys Office Supplies 9694 179.68 Northern Hydraulics, Inc. Field Supplies 9695 172.50 Stanley Norton Expenses--November, December & January 9696 279. 19 Pacific Bell Telephone Service 9697 550.82 Pacific Gas & Electric Company Utilities 9698 6.70 Peninsula Blueprint Reproduction 9699 840.00 Peninsula Oil Company Fuel 9700 17.34 Rancho Hardware Field Supplies 9701 574.95* County of San Mateo- Tax Collector Property Taxes 9702 350.00 County of Santa Clara, 'Central Building Permit Permit Department *Emergency Check Issued On February 27, 1987 Meeting No. 87-05 Date: March 11 , 1987 � �Amount Name REVISE escription 9703 519.62 County of Santa Clara/Sheriff's Patrol Services Department 9704 738.66 Glenn Smith Consulting Services--Planning 9705 157.32 The -Tribune Ranger Advertisement 9706 500.00 United States. Postmaster Postage 9707 22.06 Unocal Fuel 9708 36.96 Sandy Voorhees Private Vehicle Expense 9709 343.8.E West Coast Shoe Company Uniform Expense 9710 34.00 The University of Wisconsin Press Subscription 9711 18.55 Matthew Bender & Company, Inc. Resource Document 9712 224.65 Calvin and Frances Dyer Overpayment of Property Taxes 9713 200.00 First American Title Insurance Co. Preliminary Title Report 9714 2,079.00 Stanley Norton Litigation Expense--April thru December, 1986 9715 360.00 Eugene Sheehan Trail Construction 9716 701 .20 Virg Harkins Sign Company Signs 9717 203.23 Petty Cash Meal Conferences, Subscriptions, Office Supplies, Postage and Private Vehicle Expense F':? :`.w.`•'... ,. ,._:^' ,W.-.-'1...'"��.x.--,+mow» '?n-�".'72-r:T.'S'S" _ ..., .,7n,s v,..u.wr.,,..,....._-...,..,,..w.__........._._.- ___._.___._••_______•___•,--•.__ _ _ Meeting No, 87-05 Date: March 11 , 1987 Amount Name Description 9703 519.62 County of Santa Clara/Sheriff's Patrol Services Department 9704 738.66 * Glenn Smith Consulting Services--Planning 9705 157.32 The Tribune Ranger Advertisement 9706 500.00 United States Postmaster Postage 9707 22.06 Unocal Fuel 9708 36.96 Sandy Voorhees Private Vehicle Expense 9709 343.8.6 blest Coast Shoe Company Uniform Expense 9710 34.00 The University of Wisconsin Press Subscription 9711 18,55 Matthew Bender E Company, Inc. Resource Document 9712 224,65 Calvin and Frances Dyer Overpayment of Property Taxes 9713 200.00 First American Title insurance Co. Preliminary Title Report 9714 2,079.00 Stanley Norton Litigation Expense--April thru December, 1986 9715 360.00 Eugene Sheehan Trail Construction 9716 701 .20 Virg Harkins Sign Company Signs «�"�.,, .... -"t._,.,.r*--a.g.H+M..=.r..-�r^.a.;x.�.,-: '^.^ ras:•,�e-Y•,�aw ,a. CUMdS No. 87-05 Meeting 87-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: March 1 1 , 1987 C L A I M S 0 Amount Name Description 9669 41 .73 Ace Fire Equipment & Service Company Fire Extinguishers 9670 20.00 American Land Resource Association Subscription 9671 170.35 AT&T Telephone Rental 9672 42.63 L. Craig Britton Conference Expense 9673 48.00 Career Track, Inc. Seminar Registration--Mary Hale 9674 180.00 Jean H. Fiddes Reimbursement--Conference Registration 9675 550.00 Foss and Associates Personnel Consulting Fee--February 9676 230.04 William Glass Trucking Base Rock 9677 40.40 Walter D. Goggin Private Vehicle Expense 9678 275.62 Herbert Grench Reimbursement--Out-of-Town Meeting 9679 85.55 Hengehold Motor Company Van Rental 9630 89.88 Home Electrical Electrical Repairs 9681 148.30 Honeywell Protection Services Alarm Service 9682 106.81 Hubbard & Johnson's Field Supplies 9683 175.91 The Hub Schneider's Uniform Expense 4 1 ,050.00 Jackson/Barish & Associates Legislative Consultant Fee--February 385 66.24 Jobs Available Ranger Advertisement 9686 66.06 Thomas Lausten Reimbursement--Conference Expense 9687 857.50 Alton S. Lee, Architect Architectural Services--Picchetti 9688 260.00 Los Altos Garbage Company Dumpster Rental 9689 53.68 Ron Miska Reimbursement--Site Maps 9690 78.44 Mobil Oil Credit Corporation Fuel 9691 308.94 National Mailing Services Annual Report Mailing 9692 45.00 National Recreation and Park Subscription Association j 9693 11 .21 Norneys Office Supplies 9694 179.68 Northern Hydraulics, Inc. Field Supplies 9695 172.50 Stanley Norton Expenses--November, December & January 9696 279. 19 Pacific Bell Telephone Service 9697 550.82 Pacific Gas s Electric Company Utilities 9698 6.70 Peninsula Blueprint Reproduction 9699 840.00 Peninsula Oil Company Fuel 9700 17.34 Rancho Hardware Field Supplies 9701 574.95* County of San Mateo, Tax Collector Property Taxes 9702 350.00 County of Santa Clara, 'Central Building Permit Permit Department *Emergency Check Issued On February 27, 1987 CLAIMS No. 87-05 meting 87-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICTDate: March 1 1 , 1987 j REVISED C L A I M S Amount Name Description 9669 41 .73 Ace Fire Equipment & Service Company Fire Extinguishers 9670 20.00 American Land Resource Association Subscription 9671 170.35 AT&T Telephone Rental 9672 42.63 L. Craig Britton Conference Expense 9673 48.00 Career Track, Inc. Seminar Registration--Mary Hale 9674 180.00 Jean H. Fiddes Reimbursement--Conference Registration 9675 550.00 Foss and Associates Personnel Consulting Fee--February 9676 230.04 William Glass Trucking Base Rock 9677 40.40 Walter D. Goggin Private Vehicle Expense 9678 275.62 Herbert Grench Reimbursement--Out-of-Town Meeting 9679 85.55 Hengehold Motor Company Van Rental 9680 89.88 Home Electrical Electrical Repairs 9681 148.30 Honeywell Protection Services Alarm Service 9682 106.81 Hubbard & Johnson's Field Supplies 9683 175.91 The Hub Schneider's Uniform Expense cY 1 ,050.00 Jackson/Barish & Associates Legislative Consultant Fee--February 65 66.24 Jobs Available Ranger Advertisement 9686 66.06 Thomas Lausten Reimbursement--Conference Expense 9687 857.50 Alton S. Lee, Architect Architectural Services--Picchetti 9688 260.00 Los Altos Garbage Company Dumpster Rental 9689 53.68 Ron Miska Reimbursement--Site Maps 9690 78.44 Mobil Oil Credit Corporation Fuel 9691 308.94 National Mailing Services Annual Report Mailing 9692 45.00 National Recreation and Park Subscription Association 9693 11 .21 Norneys Office Supplies 9694 179.68 Northern Hydraulics, Inc. Field Supplies 9695 172.50 Stanley Norton Expenses--November, December & January 9696 279. 19 Pacific Bell Telephone Service 9697 550.82 Pacific Gas & Electric Company Utilities 9698 6.70 Peninsula Blueprint Reproduction 9699 840.00 Peninsula Oil Company Fuel 9��0 17.34 Rancho Hardware Field Supplies 9'r 574.95* County of San Mateo.Tax Collector Property Taxes 9702 350.00 County of Santa Clara, 'Central Building Permit Permit Department *Emergency Check Issued On February 27, 1987