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HomeMy Public PortalAbout19870708 - Agendas Packet - Board of Directors (BOD) - 87-15 Meeting 87-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 *7 :00 P.M. (415)949-5500 201 San Antonio Circle Wednesday REGULAR MEETING Suite C-135 July 8 , 1987 BOARD OF DIRECTORS Mountain View, CA A G E N D A (7:00) ROLL CALL CLOSED SESSION (Land Negotiations) (7 : 30) APPROVAL OF MINUTES (June 3 , 1987 ; June 10 , 1987) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public" ADOPTION OF AGENDA (7 :45) SPECIAL ORDERS OF THE DAY 1. Recitation of Pledge of Allegiance -- Gerry Andeen BOARD BUSINESS (7 :50) 2 . Final Adoption of the RevisedComprehensive Use and Management Plan for Los Trancos Open Space Preserve -- D. Hansen (7 :55) 3. Final Adoption of Amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans -- D. Hansen (8 :00) 4. Proposed Slobe (Aries) Property Addition to the Windy Hill Open Space Preserve Resolution Authorizing Acceptance of Purchase and Sale Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Windy Hill Open Space Preserve - Lands of Slobe) (8 :30) 5. Proposed Maas Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authori- zing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Sierra Azul Open Space Preserve - Lands of Maas) (8 :45) 6 . Procedures for Appointing Director to Fill Board Vacancy -- T. Henshaw (9 :05) 7. Support for the California Wildlife, Coastal , and Park Land Con- servation Act Initiative -- H. Grench Resolution Supporting the Proposed "California Wildlife, Coastal, and Park Land Conservation Bond Act" Initiative (9 :10) 8. Adoption of New Salary Ranges for General Manager Appointees and Revisions in the District' s Benefit Plan -- H. Grench (9 :40) 9 . Board Appointees ' Compensation -- R. Bishop I � � �-� �n C _ � � � __ _j.._ , - t� � � -_� F_ (10 :i0) 10. Sale of Tax and Revenue Anticipation Notes -- M. Foster Resolution Providing for the Borrowing of Funds for Fiscal Year 1987-1988 and the Issuance and Sale of 1987-1988 Tax and Revenue Anticipation Notes Therefor, Authorizing the Execution and Delivery of a Purchase Contract, and Approving an Official Statement Re- lating Thereto (10 : 20) 11. Open Space Management Staffing Plan Clarification -- D. Hansen (10 : 25) 12 . Action Plan Program Evaluation for 1986-1987 Fiscal Year -- H. Grench (10 : 50) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *NOTE EARLY STARTING TIME. Times are estimated, and items may appear earlier or later than listed. Agenda is subject to change of order. To ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters, you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fiZZ out the form provided and present it to the Recording Secretary so that your name and address can be accurately included in the minutes. USE AND MANAGEMENT PLAN REVIEWS The Use and Management Plan review for Hassler Open Space Preserve is scheduled for the July 22 Board meeting, and the Use and Manage- ment Plan for the Picchetti Ranch area of Monte Bello Open Space Preserve is tentatively scheduled for the August 12 Board meeting. Please send your written comments, ideas and concerns to David Hansen, Land Manger, by July 10 and July 31 respectively, so that they can be considered in drafting the staff report. You may call the Dis- trict office between July 20 and 22 to confirm that the Hassler item is on the agenda. (9 40) Meeting 87-13 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING BOARD OF DIRECTORS JUNE 3, 1987 MINUTES I. ROLL CALL President Richard Bishop called the meeting to order at 7:02 P.M. Members Present: Katherine Duffy, Richard Bishop, Edward Shelley, Daniel Wendin, and Teena Henshaw. Members Absent: Nonette Hanko and Gerry Andeen. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Michael Poster, James Boland, Del Woods, Dennis Danielson, David Sanguinetti, David Camp, Mary Gundert, and Emma Johnson. II . CLOSED SESSION The Board recessed to Closed Session to conduct the performance evalua- tion for the District's Controller, M. Foster. The Board reconvened at 7 : 35 P.M. III. APPROVAL OF MINUTES May 13, 1987 Motion: T. Henshaw moved that the Board approve the minutes of May 13 , 1987. K. Duffy seconded the motion. The motion passed 4 to 0 , with E. Shelley abstaining because he was absent from the meeting. May 20, 1987 Motion: D.- Wendin moved that the Board approve the minutes of May 20 , 1987. E. Shelley seconded the motion. The motion passed 5 to 0. � IV. WRITTEN COMMUNICATIONS E. Johnson reported that the Board had received the following written communications : 1) a letter dated May 20 , 1987 from Jim Pellegrin, 15804 Longwood Drive, Los Gatos requesting that the Board consider acquiring 49 acres of available open space land in Saratoga;, 2) a letter dated May 6 , 1987 from Jim Warren, 345 Swett Road, Woodside . calling the District's attention to low-flying aircraft in the Skyline area; 3) a letter dated May 10 , 1987 from Dick Mallory of Cupertino, W.J. Levey of Sunnyvale , Thomasene Dutton of Cupertino, and another individual (name illegible) from Sunnyvale urging the District to keep Rancho San Antonio Preserve more primitive than it is becoming ; and 4) a letter dated April 21 , inadvertently 'Omitted from the previous meeting 's Written Communications , from Bob Fisse, Star Route 2, Box 402 , La Honda, regarding the Brown Act. R. Bishop noted that Mr. Fisse had attended the previous meeting and that a letter explaining the oversight had been sent him. Meeting 87-13 Page two . R. Bishop requested that staffsend the proposed reply to Mr. Pellegrin K. Duffy said she had talked with the Director of the Saratoga Community Gardens regarding the property referred to in Mr. Pellegrin's letter and requested that a copy of the response to him be sent to that person as well. D. Hansen noted that there had been no complaints about low flying air- craft from preserve users, and that Rangers have not been aware of any problems. R. Bishop requested that J. Warren's letter be acknowledged by staff. R. Bishop requested that staff acknowledge the letter regarding Rancho San Antonio and that the individuals be encouraged to participate in the planning process for the site when it is on the Board's meeting agenda. D. Woods reported that the individuals who had signed the letter had been invited to attend the Trails Council meeting at which Rancho San Antonio was to be discussed. V. ORAL COMMUNICATIONS Jobst Brandt, 351 Middlefield, Palo Alto called the Board's attention to what he felt were poor conditions of trails in lower Purisima Creek Preserve because of the intense use by equestrians, especially on a loop trail into the Preserve from a nearby stable® D. Hansen responded that staff had met with the owner of Rancho Canada Verde Stables in May--to discuss the ossibili f rerouting the horse traffic off Purisima Creek Road. They expressed a willingness to volunteer time and labor in trail repairs. E. Shelley asked if there is a District policy regarding use of District lands by nearby commercial entities. D. Hansen' responded that there is none , but staff plans to consider it. D. Woods added that Garrod stables have participated in maintaining trails that their members use. VI. BOARD BUSINESS A. Comp ehensive Use and Management Plan Review for Los Trancos Open Space Preserve. (Report R-87-80 of May 26 , 1987) D. Hansen said that the Preserve continues to be well used and is one of the most popular District preserves. He said staff recommends using a pedestrian traffic counter to get more accurate visitor use information. He said additional recommendations include rerouting a section of the earthquake trail and closing the trail to bicycle traffic; con - structio*n of a connecting trail between the Page Mill Trail and Palo Alto Foothills Park; reseeding certain areas ; and trimming eucalyptus trees along a portion of the Page Mill Road boundary. D. Hansen added that staff will investigate the possibility of the District' s gate being on neighboring property and relocate the gate if necessary. D. Woods showed slides illustrating the areas where rerouting and reseeding are proposed, where boundary questions have arisen, and the eucalyptus trees that require trimming. D. Woods also noted that numbers six through nine in the Special Projects and Maintenance section of Attachment Two should have been in the Projected Fiscal Year 1987-1988 columns. . R. Bishop suggested that directional signs be posted to educate bikers as to permissible trails and convenient parking. Meeting 87-13 Page three Motion: E. Shelley moved that the Board tentatively adopt the . Revised Use and Management Plan for Los Trancos Open Space Preserve contained in the staff report. T. Henshaw seconded the motion. The motion passed 5 to 0 . B. Presentation of Preliminary Budget for Fiscal Year 1987-1988 a) General Manager' s Report (Report R-87-79. of May 26, 1987) H. Grench noted that the proposed budget was being presented as an informational item at this time and that staff would return to request formal budget adoption on June 10 . He said key elements are a continued strong acquisition program, increased level of site stewardship, continuation of public access improvements, and increased public . communications related to increases in public aware- ness of the District. C. Britton reviewed the Open Space Acquisition budget, noting that new revenues for acquisition are budgeted at $2.95 million, excluding any new note issues in fiscal year 1987-1988 and carryover of re- serves, with expenses related to acquisition such as appraisals, escrow and legal fees,, and site engineering budgeted at $83,000 . He said that debt service is budgeted at $3 . 4 million and that other expenditures for the Program total $356 ,750. He said the Enterprise Subprogram's 1987-1988 proposed budget is . $28,600 . D. Hansen said the Open Space Management Program's budget reflects resolution of pending issues, pushing for completion of existing capital improvement projects , and increased resource protection. He said the total Open Space Management Program budget reflects a $4,000 increase over .the 1986-1987 expenditures. He said the pro- posed budget falls within the long-range projections formulated by staff, is consistent with the Controller's long range financial projections, and follows the proposed staffing projections outlined in the Five Year Staffing Plan presented to 'the Board last year. D. Hansen said the net costs to the District of the Open Space Management Program is budgeted at $1,741,300. M. Hale reported that the Communications Program proposed budget is $210 ,050, with $61,600 designated for printed material which will be emphasized in the coming fiscal year. J. Fiddes said that the proposed $570,050 General Management and. Program Support budget is primarily a status quo budget. She said the figure includes expenditures for office rental fees, salaries and benefits, office support items and supplies, and the unique inclusion of $15 ,000 for possible election expenses and $30 , 000 for a new copying machine if it is determined necessary. b) Controller's Report on the Proposed Fiscal Year 1987-1988 Budget (Report R-87-83 of May 28 , 1987) M. Foster reported that the District' s cash position was adequate to cover debt service, operating expenses, site development, year- end reserve requirements and $10 million for new land acquisition. He said that projected high priority acquisitions between July and November indicate the need for short-term borrowing due to minimal revenue during that period. c) Presentation of Salary Survey Data (Report R-87-82 of May 26, 1987) H. Grench said that the survey data was being presented as an infor- mational item and that recommended salary adjustments would be presented to the Board as soon as possible after staff completes its review process of the benefit package . Meeting 87-13 Page four J. Fiddes reviewed the survey results from eight public agencies and noted that salary information from the private sector was not yet available. E. Shelley asked if a mechanism had been established to address salary changes for Board appointees. R. Bishop said the entire Board should consider the matter at a future meeting. d) Proposed Budget for 1987-1988 Fiscal Year (R-87-81 of May 27, 1987) K. Duffy presented the Budget Committee' s report and noted that the Open Space Management Budget Committee was in the process of reviewing the Five Year Staffing Plan and budget guidelines for the Open Space Management program. D. Wendin, member of the Open Space Management Budget Committee, said that the budget reflects the work on the Five Year Staffing Plan that will be completed by the Committee, and that the Committee wanted to ensure that the budget reflects reality. E. Shelley said that if significant changes than what was presented to the Budget Committee occur in the budget due to salary changes, the budget should go back to the Budget Committee for review. Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, suggested that the budget contain year to year comparisons for a better under- standing, and D. Wendin agreed with Ms. Kennedy-Miller. E. Shelley noted that this comparative review was done at the Budget Committee level. D. Wendin stated that the report should ideally compare last year to the new year, at least at the summary level and recommended it be - done in future budgets. C. Appointment of Auditor for 1986-1987 Fiscal Year (Report R-87-75 of May 18, 1987) M. Foster said that Deloitte, Haskins and Sells has served as the District's auditors for the last eight years and he recommends that they be appointed by the Board for the fiscal year 1986-1987 audit. He said their estimated fee was $7000. Motion: E. Shelley moved that the Board appoint Deloitte, Haskins and Sells as the District's auditors for the fiscal year 1986-1987. K. Duffy seconded the motion. The motion passed 5 to 0. D. Proposed Annexation of Certain District Lands in San Mateo County (Report R-87-76 of May 20 , 1987) H. Grench said that the Board had previously passed resolutions to initiate annexation of certain lands in San Mateo County, but the process had been halted before the procedure was complete. He proposed that new annexation proceedings be started for the land that is owned by the District in fee. He said that the annexation is consistent with the Board-adopted annexation policy and that the proposed annexations- are within the District 's Sphere of Influence and within San Mateo County. He noted that District property in the Portola Park Heights area was not included in this proposal. Motion: K. Duffy moved that the Board adopt Resolution 87-16 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Requesting Initiation of Annexation Procedures by the Santa Clara County Local i Meeting 87-13 Page five Agency Formation Commission (Midpeninsula Preserves 1987A) . T. Henshaw seconded the motion. The motion passed 5 to 0. E. Award of Contract for Purisima Creek Redwoods Open Space Preserve Public Access Improvements Project (Report R-87-77 of May 25 , 1987) D. Hansen said that staff received bids from four contractors for construction of two parking lots at Purisima Creek Redwoods Open Space Preserve and that R. J. Bragato, Inc. of Belmont was the lowest bidder. He said the whole access trail will be open when the parking lot is completed. Motion: D. Wendin moved that the Board accept the bid of $51 ,219 . 80 for the Purisima Creek Redwoods Open Space Pre- serve Public Access Improvement Project from R.J. Bragato, Inc. and authorize the General Manager to enter into con- tract for performance of the work. E. Shelley seconded the motion. The motion passed 5 to 0. F. Request to Re-Award Dump Truck Contract (Report R-87-78 of May 26 , 1987) D. Hansen reported that Towne Ford, the firm previously awarded the dump truck contract, was unable to deliver the vehicle as speci- fied. He recommended that the Board cancel the purchase arrangement with Towne Ford and re-award the contract for the dump truck pur- chase to Mission Valley Ford of San Jose at a total cost of $22 ,532. 06. Motion: E. Shelley moved that the Board cancel the dump truck purchase arrangement with Towne Ford because of failure to deliver and authorize the General Manager to award the contract for the dump truck purchase to Mission Valley Ford of San Jose for a total cost of $22 ,532. 06. K. Duffy seconded the motion. The motion passed 5 to 0. VII. INFORMATIONAL REPORTS H. Grench reported that "Treasures of the Greenbelt" will be shown on television in the next two months. H. Grench said that he would postpone reporting on the Special Parks District Forum that he and G. Andeen had attended until G. Andeen was present. He added that it was an excellent conference. D. Hansen said that staff had contacted Ruth Troetchler regarding the use of system ic herbicides to remove thistles at Russian Ridge Open Space Preserve and that she felt there was no hazard to the environment or users. He said that staff will proceed with the experiment and will report to the Board on the results. D. Wendin asked if staff is considering closure of preserves due to fire danger. D. Hansen replied that closures are considered on a daily basis depending on factors such as temperatures. J. Boland added that the California Department of Forestry's program is based on a graduated scale based on humidity and wind velocity, and that in Phase Three the District would close preserves. R. Bishop reported that he had met with Marion Softky of Committee for Green Foothills and told her of the Hassler Use and Management Plan review that is to be considered by the Board in the near future. I Meeting 87-13 Page six K. Duffy, referring to the letter from Donna Harris commending Super- vising Ranger David Camp, said that she has heard from frequent open space users who have praised the field staff. VIII. CLAIMS Motion: E. Shelley moved that the Board approve Revised Claims 87-11 T. Henshaw seconded the motion. The motion passed 5 to 0. IX. CLOSED SESSION H. Grench said that litigation matters to be discussed in Closed Session fell under Subdivision 54956 .9 of the Government Code. The Board recessed to Closed Session at 9 :37 P.M. X. ADJOURNMENT The meeting was adjourned at 12 :02 A.M. , June 4, 1987 . Emma Johnson Secretary C[ w4s No. 8 7- 1 1 Meeting 8 7-13 MIDPENINbuLA REGIONAL OPEN SPACE DISTRICT Date: June 3, 198 REVISED C L A I M S n Amount Name Description 44 5,745.00 Alameda Fence Company Guardrail Installation 45 1 ,083.38 Aplin & Uno District Map .Design 46 3,300.00 Barbco Excavating Road Repairs 47 535.00 Baron Welding & Iron Works Steel Rods 48 895.00 Dick Beltran Excavating Firebreaks and Road Repairs 49 86.80 Consolidated Parts, Inc. Equipment Parts 50 36.00 Executive Strategies Subscription 51 1 ,329.67 Execuvan, Inc. Bus Rental---Public Officials Land Tours 52 38.43 Jean Fiddes Private Vehicle Expense 53 120.00 First American Title Insurance Co. Reconveyance Fees 54 533.26 Herbert Grench Reimbursement--Meal Conference and Conference Registrations and Expenses 55 115.40 The Hub Schneiders ' Uniform Expense 56 15.47 Island .Press Resource Document 57 1 ,050.00 Jackson/Barish and Associates Legislative Consultant Fee--May 58 200.00 Constance Kidwell Lease Payment--June j3 4, 189.00 McCracken, Byers s Martin -Legal Fees--Dyer 60 80.56 Pacific Bell Telephone Service 61 7,413.50 Dennis Plank Construction Construction Services 62 3,193.99* Prudential-Bache Capital Funding Closing Expenses--Note Issue 63 2,500.00 Redwood Products Removal of Redwood Stumps 64 636.90 Sanborn Security Systems, Inc. Locks and Door Fixtures 65 520.00 E. R. Sheehan Equipment Rental 66 1 ,741 .42 Shell Oil Company Fuel and Repairs 67 837.51 Glenn Smith Consulting Services--Planning 68 3,000.00 Stevens Creek Quarry, Inc. Discing 69 86.27 Sunrise Winery Wine--Santa Clara County Land Tour 70 41 .25 David Topley Reimbursement--Uniform Expense 71 96.81 Del Woods Private Vehicle Expense ense 72 232.07 Yardbird Equipment Sales Equipment Repairs and Parts 15,072.33 73 157634722** Micro Financial Partial Payment--Computer Equipment 74 166.79 Petty Cash Film, Subscriptions, Office Supplies, Meal Conferences and Private Vehicle Expense Will be withdrawn from the 1987 Promissory Note Acquisition Fund. **Issued as an Emergency Check on May 29, 1987. Meeting 87-14 �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 REGULAR MEETING BOARD OF DIRECTORS June 10, 1987 MINUTES I. ROLL CALL President Richard Bishop called the meeting to order at 7:32 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Gerry Andeen, and Richard Bishop. Member Absent: Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Del Woods, James Boland, Mary Gundert, Alice Cummings, Walter Goggin, Michael Foster, Dennis Danielson, John Escobar, and Cecilia Cyrier. II. WRITTEN COMMUNICATIONS There were no written communications. III. ORAL COMMUNICATIONS Randy Perretta, P.O. Box 98, New Almaden, referring to a recent Supreme Court decision pertaining to the rights of a landowner, said that he would use the decision to prevent the District from opening Mt. Umunhum Road to the public. R. Bishop stated that the Board would be conferring with Legal Counsel to review any potential impact of the Supreme Court decision on the District. IV. ADOPTION OF AGENDA R. Bishop stated that the agenda as presented was adopted by Board consensus. V. BOARD BUSINESS A. National Weather Service Proposal to Locate a NEXRAD (Next Generation Radar) Station on Mt. Umunhum (Report R-87-94 of June 5, 1987) H. Grench reviewed District ' s involvement on Mt. Umunhum and provided background information on planning for the site, including the San Jose State University School of Business interest in potential use of some of the buildings on the site for a conference and retreat Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 87-14 Page two facility. He noted that in August 1986, the National Weather Service made a preliminary proposal to the District to locate a weather radar facility on Mt. Umunhum. He noted that this use was endorsed by San Jose State University. He said that in March 1987 another meeting was held with the District as a follow-up; the proposed tower loca- tion was changed. Richard Anderson, Chief, Engineering Division, National Weather Service (NWS) , Salt Lake City, Utah, made a presentation to the Board, including the use of slides, on the National Weather Service, its NEXRAD (Next Generation Radar) station project and the importance of the project to the Service and its weather forecasting abilities. David Leone of SRI, consultants to the' National Weather Service for the NEXRAD project, enumerated the basic criteria used in potential NEXRAD site studies, including approaching weather directions, popu- lation centers, NWS requirements, quality of radar coverage, how a site will fit within the existing network, need to minimize ground clutter, cloud inversion layer, construction on a site, and environ- mental impact of the radar on the area. He noted that Mt. Umunhum met their criteria and had been recommended to the Weather Service as the Bay Area NEXRAD site. He reviewed the main concerns presented in the staff report and stated that only the issue of aesthetics presented a real problem. He said the potential impact to other communication facilities on the site is relatively nonexistent since frequency ranges are dif- ferent, and that the potential radiation effects on users of the site for recreational purposes would be 1000 times below the National safety standards. Mr. Anderson indicated other interested users of the NEXRAD site included the Santa Clara Valley Water District for installing equip- ment for gathering rain data; the Federal Aviation Administration for back-up radio equipment and a microwave dish; and San Jose State University. He noted the University was interested because, if the NEXRAD facility was built on Mt. Umunhum, the NWS would move its regional offices from Redwood City to the University. He also said that no personnel would be living on the site, so water and sewage facilities would not be needed as stated in the staff report. John O'Halloran, General Manager, Santa Clara Valley Water District, stated that the Water District favored locating the NEXRAD facility on Mt. Umunhum. In response to R. Bishop' s question as to what benefits the District could expect if NEXRAD facility was placed on Mt. Umunhum, Mr. Ander- son said that NWS has always proven to be a good neighbor, that they would share in road maintenance, that the site would be attractively maintained, and that better weather service would be provided to the public. In response to D. Wendin' s question regarding any financial compensation to the District for use of the site, Mr. Anderson said that compensation would need to be negotiated. Meeting 87-14 Page three George Pericht, 660 Price Avenue, Redwood City, a NWS employee, spoke against locating the facility on Mt. Umunhum because he felt it was too far south. David Leeson, 15300 Soda Springs Road, Los Gatos, spoke against the facility on Mt. Umunhum due to noise factor from equipment, the radiation level, and interference with other communication facilities in the area. Eric Thompson, Star Route 2 , Box 415, La Honda said he favored either the complete demolition of all the structures on Mt. Umunhum or saving them for historical purposes. Rick Estrada, P.O. Box 153, New Almaden, expressed his concerns about the potential health hazards of the radiation from the facility and the need for fire protection on the site. He questioned whether radiation studies on humans and wildlife had been conducted. Ronald Wagner, 234 Oxford Avenue, Palo Alto, and a NWS employee, said that the area needs a NEXRAD facility, and asked the District to cooperate by providing the site on Mt. Umunhum. He stated that radiation would pose no health problems. Randy Perretta, P.O. Box 98 , New Almaden, spoke against the Weather Service proposal and requested the Board consider various technical elements of NEXRAD facilities when making their decision. E. Shelley stated that he felt the matter should be studied further, as did D. Wendin who added, however, that the proposal should not be a high staff priority. H. Grench noted that staff, with the help of con- sultants, would probably need six months to study the proposal . R. Bishop stated that the Board should reject the proposal at this time because of the adverse visual impact of the antenna tower and other equipment. Motion: D. Wendin moved that the Board direct staff to return at the next meeting with a specific schedule and funding pro- posal for necessary study of the NWS request to install a NEXRAD facility on Mt. Umunhum. E. Shelley seconded the motion. The motion passed 4 to 1 . R. Bishop voted against the motion since he stated that the Board should reject the request this evening and not have it drag on. G. Andeen, an SRI employee, abstained from the vote. President Bishop called a recess at 9:55 P.M. , and the meeting recon- vened at 10: 03 P.M. B. Proposed Amendments to the Skyline Ridge and Russian Ridge Open S2ace Preserves Use and Management Plans (Report R-87-92 of June 3 , 1987) D. Hansen said that staff was requesting the Board's approval of the plans for parking on Russian Ridge Open Space Preserve including access, drainage, vegetation, and a potential underpass to the pond area on Skyline Ridge Open Space Preserve. Meeting 87-14 Page four D. Woods showed slides of the items in the second stage of the grant project that needed to be incorporated into the Use and Management Plan before proceeding into the planning and design phase, including an equestrian parking area near Horseshoe Lake, a whole access parking area near Skyline Boulevard, a hiking trail around and enhancement of Horseshoe Lake, environmental education facilities at Alpine, and additional signs, fences and gates associated with the preceding projects. He also noted the Board needed to adopt formally two first stage grant projects, enhancement of Alpine Lake, and engineering studies for total site water and septic system development. Reed Dillingham of Dillingham and Associates, using both slides and drawings, explained in detail the construction of the parking lot on Russian Ridge Open Space Preserve, the proposed access underpass and the Alpine Road bypass which would need to be constructed prior to construction of the underpass. Motion: K. Duffy moved that the Board tentatively adopt the amend- ments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans as contained in the report. « T. Henshaw seconded the motion. The motion passed 6 to 0. C. Proposed Blest Property Addition to La Honda Creek Open Space Preserve (Report R-87-87 of June 2, 1987) W. Goggin pointed out the location of the one-quarter-acre proposed acquisition on the wall map, noting the property was located approxi- mately one and one-quarter miles south of Sky Londa and was contiguous to the District' s La Honda Creek Open Space Preserve to the west and north. He stated the terms of the agreement indicate a purchase price of $2000 payable in cash. D. Hansen reviewed the Use and Management recommendations for the property. Eric Thompson asked why the property was not being dedicated at this time. C. Britton responded that adjacent lands are currently not dedicated because final preserve boundaries have not be determined. Motion: E. Shelley moved that the Board adopt Resolution 87-17 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certifi- cate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Blest) . T. Ren- shaw seconded the motion. The motion passed 6 to 0. Motion: E. Shelley moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the report, including the naming of the property as an addition to La Honda Creek Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. D. Wendin seconded the motion. The motion passed 6 to 0. Meeting 87-14 Page five D. Proposed Berry Property Addition to the Limekiln Canyon Area of Sierra Azul Open Space Preserve-(Report R-87-91 of June4 , 1987) C. Britton pointed out the location of the 65 acre proposed acquisi- tion on the wall map, noting the property was located approximately three miles east of Lexington Reservoir and had a common northern boundary with District lands. He stated that under the terms of' the purchase agreement the cost averaged $1850 per acre, payable in cash at close of escrow. D. Hansen reviewed the Use and Management Plan recommendations for the property. Motion: K. Duffy moved that the Board adopt Resolution 87-18, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Pur- chase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Berry et al. ) . D. Wendin seconded the motion. The motion passed 6 to 0. Motion: K. Duffy moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Sierra Azul Open Space Preserve, Limekiln Canyon Area, and indicate its intention to dedicate the property as public open space. T. Henshaw seconded the motion. The motion passed 6 to 0. E. Acceptance of insurance Bid Coverage for 1987-1988 (Report R-87-93 of June 5, 1987) J. Fiddes reported that Flinn, Gray & Herterich did not yet have a final bid amount for the umbrella liability insurance, but they had indicated that the bid would not exceed $27, 500. She requested that the Board accept the maximum bid of $83, 239. 25 from Flinn, Gray & Herterich for the District' s 1987-1988 insurance coverage with the understanding that negotiations will continue with C.V. Starr to try to reduce their umbrella liability bid quotation. Motion: E. Shelley moved that the Board accept the maximum bid of $83, 239. 25, as amended at the meeting, from Flinn, Gray & Herterich, based on the quotations from INA, General Acci- dent Insurance, Federal Accident Insurance, Great American Surplus, and C.V. Starr insurance companies for the District insurance coverage for 1987-1988 . R. Bishop seconded the motion. The motion passed 6 to 0. F. Implementation of Immediate Open Space Management Five-Year Staffing clan Ne�eds �(Rep®rt R-87-95 of June 5, 1987 H. Grench said that the 1986 Budget Committee had reviewed the recom- mendations contained in the report and supported them. Meeting 87-14 Page six In response to E. Shelley's question if whether there were any differences between these recommendations and those presented earlier, H. Grench replied that current recommendations included the acceleration of the new associate planner position. Motion: E. Shelley moved that the Board approve the recommendations on the immediate implementation of the Five-Year Open Space Management Staffing Plan as contained in report R-87-95 of June 5, 1987. T. Henshaw seconded the motion. The motion passed 6 to 0. G. Adoption of the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1987-1988 Fiscal Year (Report R-87-86 of June 2,�198�7) H. Grench indicated one new key project and activity in the General Management and Program Support category related to the Ward 2 vacancy. Motion: E. Shelley moved that the Board adopt the Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1987-1988 Fiscal Year. T. Henshaw seconded the motion. The motion passed 6 to 0. H. Adoption of Preliminary Budget for Fiscal Year 1987-1988 (Report R-87-88 of June 4 , 1987) H. Grench said the preliminary budget was complete except for possible benefit plan changes and Board and General Manager appointees ' com- pensation changes. He said that he anticipated that these items would be presented to the Board for consideration in July. Motion: K. Duffy moved that the Board adopt Resolution 87-19, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting Preliminary Budget for Fiscal Year 1987-1988 . D. Wendin seconded the motion. The motion passed 6 to 0. I. Annual Claims List for Fiscal Year 1987-1988 (R�jport R-87-89 of June 4, 1987) Motion: K. Duffy moved that the Board adopt the Annual Claims List as presented in the report. T. Henshaw seconded the motion. Discussion: In response to a question from Director Andeen, J. Fiddes noted that the section of the Rules of Procedure referred to in the staff report should be Section 1. 52 rather than 1. 53. The motion passed 6 to 0 . J. Resignation from Board (Report R-87-90 of June 4 , 1987) D. Wendin resigned his position as Director of Ward 2 effective immediately and said that he was now recommending that the vacancy be filled by appointment He recommended that the subject of director' s compensation for attendance at committee meetings be reviewed because Meeting 87-14 Page seven attendance at Board meetings has lagged somewhat since the institu- tion of committee meeting compensation. He noted that there had been agonizing times for him as a Board member, but the many happy memories were far greater in number. K. Filling of Ward 2 Board Vacancy (Report R-87-85 of June 1, 1987) R. Bishop asked for public comment prior to Board discussion of this item. Eric Thompson said that he normally would recommend that an election be held to fill a vacancy, but appointment seemed appropriate in this circumstance so that there would not be an extended time when the seat was vacant. Robert McKibben, 1331 Los Arboles, Sunnyvale, noting he was a poten- tial Ward 2 candidate, said that he favored filling the vacancy by appointment. Directors Bishop, Shelley, and Henshaw stated that they were in favor of filling the vacancy by appointment. Directors Duffy and Andeen stated that they favored an election process to fill the vacancy. A lengthy discussion then centered on the length of time the seat would be vacant under the two options, and the time con- straints set by the law for the two processes . It was noted that this was the last scheduled meeting in June at which the Board could call an election, and that, if no action was taken at this meeting, regarding filling the vacancy by appointment, nothing would happen until the July 8 meeting. K. Duffy subsequently stated that although she felt an election was the proper way to fill the vacancy, she would vote for filling the vacancy by appointment so that the Board and staff could proceed in June to work on the appointment process. Motion: R. Bishop moved that the Board fill the vacancy in Ward 2 by means of appointment. E. Shelley seconded the motion. The motion passed on the following roll call vote: Ayes: K. Duffy, T. Henshaw, E. Shelley, and R. Bishop. No: G. Andeen. Discussion centered on scheduling appointment procedures including posting of notices, application forms, deadline for applications, date of interviews, and completion of the appointment process. Motion: R. Bishop moved that the Board approve the appointment of E. Shelley and T. Henshaw to a compensated committee to recommend procedures to follow for the interview and selec- tion process to fill the Ward 2 vacancy and direct them to report to the Board at the July 8 Regular Meeting. E. Shelley seconded the motion. The motion passed 5 to 0. Meeting 87-14 Page eight Motion: R. Bishop moved that the Board approve the posting as soon as possible of a notice indicating the Board' s intent to fill the vacancy in Ward 2 by appointment and indicating that applications are to be filed by 5 P.M. July 10 at the District office, with an expected appointment date of July 23 subject to change at the next Regular Board Meeting. E. Shelley seconded the motion. The motion passed 5 to 0. E. Shelley requested that staff obtain information regarding the pro- cedures followed by the City of Mountain View and the City of Los Altos in filling a vacancy by appointment. Motion: T. Henshaw moved that the Board approve the use of the application form previously used and attached to report R-87-85. E. Shelley seconded the motion. The motion passed 5 to 0. Motion: E. Shelley moved that the Board approve newspaper adver- tisement in the San Jose Mercury, the Peninsula Times Tribune, and the Meredith Sun papers pertaining to the filling of the Ward 2 vacancy by appointment. G. Andeeft seconded the motion. The motion passed 5 to 0. L. Cancellation of Second Regular Meeting in June (R-87-84 of June 1 , 198-i Motion: E. Shelley moved that the Board cancel the second Regular Meeting on June 24. T. Henshaw seconded the motion. The motion passed 5 to 0. VI. INFORMATIONAL REPORTS H. Grench announced that Director Bishop and he testified before the Senate Natural Resources Committee on AB 2425, which affected the District' s borrowing power, that it had been passed by the Committee, and that it would go next to Senate for a vote and then back to the Assembly for concurrence in amendments. He reported on the Special Park Districts Forum held in Minneapolis at the end of May that he, Director Andeen, and other staff members attended. G. Andeen stated that the Forum was extremely beneficial and expressed his appreciation to the Board for being able to attend. VII. CLAIMS r. Motion: E. Shelley moved that the Board approve the Revised Claims 87-12. T. Henshaw seconded the motion. The motion passed 5 to 0. VIII. CLOSED SESSION H. Grench announced there were no matters to be discussed in Closed Session. IX. ADJOURNMENT The meeting adjourned at 12: 05 A.M. , Thursday, June 11, 1987 . Cecilia A. Cyrier Secretary CLAIMS No. 87-12 feting 87-14 MIDPENIN-oLA REGIONAL OPEN SPACE DISTRICT Date: June 10, 19$7 C L A I M .S REVISED . . .. "Arount Name Description 75 100.05 Adia Personnel Services Temporary Office Help 76 96. 14 A T T Telephone Rental 77 29.25 Matthew Bender t; Company, Inc. Resource Document 78 228.88 James Boland Reimbursement--Conference Expense , 79 125.00 Louis Bordi Roadwork 80 505.80 State of California, Department Procurement Fee of General Services 81 15.00 California Tax Foundation Resource Document 82 165.80 Career Track Publications Training Materials 83 708.97 Communications Research Company Maintenance and Equipment 84 17.12 Contemporary Engraving Engraved Badges 85 142.94 Crest Copies, Inc. Xeroxing and Bluelines 86 1 ,042.78 L. N. Curtis & Sons Fire Safety Equipment 87 93.63 The Dark Room Prints nq 3,037.50 Dillingham Associates Landscape Architectural Services 119,935.00* First American Title Guaranty Co. Land Purchase--Berry Anna W. Blest, Trustee 2,0r9.00^ F4,rst-Amef4can-T4t4e-4mstifenee-6e. Land Purchase--Blest 91 (s`�.'Qt?-----fi-rst-Arrrer-icarr�Fi-t•t -E�rs-�r -C-rr:---Recro,r�tt�ya -Fees- 92 550.00 Foss & Associates Personnel Consulting Fee--May 93 126.00 Flinn, Gray & Herterich Radio Equipment--Additional Premium 94 22.32 The Frogpond Meal Conference 95 350.00 Raye Girouard Patrol Service 96 70.50 Walter Goggin Reimbursement--Notarial Fees 97 273.01 Herbert Grench Reimbursement--Conference Expense 98 230.88 David Hansen Reimbursement--Conference Expense 99 811 .06 Home Depot Cabinets 100 1 ,050.00 Jackson/garish S Associates Legislative Consultant Fee--June. 101 1 ,174.62 Javelco Equipment Service, Inc. Equipment Repairs 102 12.00 Land Trust Exchange National Directory 103 562.20 Lawrence Tire Service Tires 104 25.60 Los Altos Garbage Company Dumpster Rental 105 52.48 Joyce Nicholas Private Vehicle Expense 106 737.74 Pacific Bell Telephone Service 107 313.92 Pacific Gas s Electric Company Utilities 108 21 .72 Peninsula Blueprint Drafting Materials l0g 871 .46 Peninsula Oil Company Fuel *Will be withdrawn from the 1987 Promissory Note Acquisition Fund • Meeting 7-1 • Date: June lO, 19t--. -� -Amount � Name � Description, 110 482.30. Pine Cope Lumber Company, Inc. Field Supplies 111 69.55 Port-O-Let Sanita.ry Services 112 39.78 Rancho Hardware Field Supplies 113 36.00 The Research Institute of America Subscription 114 101.08 San Francisco Water. Department Water -Service 115 24.00 San Mateo Times Newspaper Group Subscription 116 949.51 Santa Clara County Sheriff's Patrol Services . Department 1)7 190.00 Santa Clara County/GSA Dispatch Services 118 5,645.00 E.'R. Sheehan Consulting Services and Equipment Rent: 119 14.20 Skyline County Water District Water Service 120 37.78 Onocal Fuel 121 4-&A Sandy -Voorhees Re i mbursement--Dues and Private Veh i cl 122 537.55 Yardbird Equipment Sales Equipment Parts Expense 123 218.16 Antelope Mountain Sports Fire Equipment 124 1 ,000.00 Lisa Posternak Environmental Consultant 125 124.63 Petty Cash Office and Photo Supplies, Film and Meal Conferences r i | | A A AA_ Adak ��������� SKYLINE �������N ������� SOUTH QD ���� N m~nU�m�~ ASSOCIATION WDII780 COMMUNICATION Meeting 87-I5 July O, 1987 19 JUNE, 1987 RESPONSE AMON PROPOSED BY STAFF Board of Directors — Board President Acknowledge/Respond Midpeninsula Regional Open Space District — Director— Acknowledge/Respond Staff Acknowledge/Respond Old Mill- Office Center Building C* Suite 135 V" Draft Response Attached 201 San Antonio Circle Staff to be Directed to Prepare Draft Mountain View, California 94040 Response for Board Consideration per Board Directive(s) No Response Necessary Other Dear Directors, � � � At the June Business Meeting of our association a � discussion regarding your proposal for the instal- lation of a helicopter landing pad adjacent to Skyline Blvd. on your Skyline Ranch Preserve took � place. The helicopter landing pad was strongly endorsed by our association, the public and your Board of Dir- ectors at the time of its proposal . it was noted by ' your staff that the cost of its installation would be nominal and the construction would not take long. The installation would be put in "soon" by the dis- trict but many months have passed and we still see no start to this project. In the interest of safety and good public relations we urge you to take action on this matter, Sincerely, � Robert Fisse* President | S.S.A. � | � Route 2, Box 346 - La Honda, California 94020 WRITTEN COD'IMUNICA_ JN Meeting 87-15 ' Jul 8 1987 v Walter RESPONSE 1Cii0\ PROPOSED B5 S:Grp /q .H. Vielbaum _ Board President Acknowledge/Respond 15• d "a Mesa Dr _ Director AcknowledgeJFespond Burlingame, CA 94010 _ Staff Acknowledge/Respond I Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary Other Board of Directors Midpeninsula Regional Open Space District Old Mill Office Center, Building C , Suite 135 201 San Antonio Circle Mountain View, California 94040 June 9, 1987 Board of Directors :To Whom it may concern; Let this letter go on record that once again we feel we must state our feelings towards the Open Space Districts desire to pass through our private property in order t4gain access to Mt. Thayer, or for that matter, any of the Districts lands in the Sierra Azul Open Space Preserve. In seperate conversations on June 3rd, 1987 with both Mr. Herbert Grench and Mr. James Boland,Norma Vielbaum stated that we have never granted permission to your District in any way or form to cross our lands. It seems that someone didn' t do their "homework" when we were informed that Mr. Boland was led to believe permission to pass was given. This is hard to understand as our feelings were expressed over two years ago in letters dated 1/13/85 and 1/28/85 to Mr. Britton and your Board of Directors. Please let this letter re-affirm our feelings of two years ago. Sincerely, Walter H. Vielbaum Norma E. Vielbaum Herbert C. Vielbaum Elsie Vielbaum Copies to Mr. Boland and Mr. Grench R-87-102 (Meeting 87-15 July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 REPORT July 1, 1987 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Recitation of Pledge of Allegiance Director Andeen has arranged for Boy Scouts from Troop 206 , Atherton, to be in attendance at your July 8 meeting to present the colors and lead the Pledge of Allegiance . R-87-98 (Meeting 87-15 July 8 , 1987) law MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 16 , 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner; C . Bruins , Administrative Assistant SUBJECT: Final Adoption of the Revised Comprehensive Use and Management Plan for Los Trancos Open Space Preserve Recommendation: I recommend that you adopt the revised Comprehensive Use and Management Plan for Los Trancos Open Space Preserve as con- tained in report R-87-80 and as amended herein. Introduction: You tentatively adopted the Revised Comprehensive Use and Management Plan for Los Trancos Open Space Preserve at your June 3, 1987 meeting (see report R-87-80 of May 26 , 1987) . Discussion: Several changes have been made to the attached Use and Management Plan Summary, resulting from discussions occurring at your June 3, 1987 meeting. Under the category of "Capital Improvements, " items 5 and 6 were added, and under "Special Projects and Maintenance, " projected costs for items 6 , 7 and 8 were shifted to fiscal year 1987-1988 . In addition, item 9 under "Special Projects and Maintenance" has been completed. There have been no additional public comments received since your tentative approval of the proposed amendment. ATTACHMENT (AMENDED) 0S 'TR KOS OPEN SERVE - S 1D BE `PLAN SUMIM, Project l8udgeted IProjected :Projected :Proposed Description l Status of Plans or Projects 1FY 86-87 IPY RT-RR_ ifl 88,49 .Completion --------------------------------------;---___---------------------------------- ----------- ----------- ----------- ----------- Plannino Tasks -I Use tr gran -Tmew- "Jentative adoption ex pecked 06�d3787 2 Investigate uadergrounding lowtRecontact P.B.tt E. regarding possible � Si-SS voltage power lines lundergrounding of lines 3 Plan trail connection from Los:Palo Alto has taken lead, preliminary l 87-88 Trances to Foothills Park plans are approved ; - - - - - - - - - - - - - - - - - Anticipated New or Revised Recommendations - - - - - - - - - - - - - - - - - - - - - - 4 Conduct trail user survey iPedestrian traffic counter to be used It it ,.D7R 5 Investigate property boundary !neighbor's survey may indicate need to 1 87-80 dispute !relocate advice gate on eastern boundaryt Subtotal 0 0 0 -Capital Improvements- - - I Install gates on patrol roads #Replace chain link gages with pipe gates 2100 l 88-89 2 Install fencing-station I !To confine visitors to trail, defferred 1 300 t 300 ( , 87-88 3 Install fencing-Page Rill Rd !Extend from parking to Canyon Trail l 1000 1 88-8P - - - - - - - - - - - - - - - - - Anticipated New or Revised Recommendations - - - - - - - - - - - - - - - - - - - - - - 4 Reroute trail-Fault trail Underground drain proved unsatisfactory ! 1000 E 88-89 5 faeropte t4ill ii Trail 1P rding o rletim of KA. sector . . . ._, m. 1 r, WWI 8 89 6 Signs to reroute bicycles lReirect bicycles to Canton Train t- --_--_.t - ------,-- - 1 87-88 Subtotal _ _300 3ft0 5I00 :. Special Projects and Maintenance -I Resurfare parkin lot_, 1,Ad traseroek to eliminate muddy surface 500 It 1,, C bete Modify fencing-parking area :Reduce height of perimeter fence to be 1 : 500 87.88 'consistent with MBOSP 3 Remove cistern-Franciscan Tr. ;Fill ©pen pit and remove timber I I Complete 4 Replace culvert-Franciscan Tr.#Increase size to accommodate flow E 400 Complete - - - - - - - - - - - - - - - - - AnticipatedNeworRevisedRecommendations - - - - - - - - - - - - - - - - - - - - - - Restoratir of knots _ :Reseed near parking and Station I,incl -_l l 1 200 l 87-88, . swale north of parking l ; 6 Install area closed signs 1To prohibit entry to restoration areas 100 87-88 7 install temporary fencing :To prohibit entry to restoration areas t 15D 87-88 8 Tree trimming-Page Mill Road Trim Eucalyptus to reduce fire hazard E 1000 E 87-88 9 Install signing-Fault Trail Prohibit bicycles on interpretive trail E E 86-87 Subtotal 400 1950 200 Annual Projects and Maintenance I Road and trail maintenance :Ongoing grading, clearing, etc. 500 : Soo : 500 : Annual 2 Sign maintenance :Ongoing replacement old b damaged signs 200 700 E 200E Annual 3 fence and gate maintenance }Ongoing repairs and replacements 300 1 30 ;. dal 4 Discing fuel breaks :Spring discing to reduce fire danger 1 1000 1 1000 : 1000 1 Annual 5 Brochure printing :Ongoing reprinting for distribution : Boo : 1200 E 1200 1 Annual Subtotal 2800 3200 3200 ----------- ---------- --------- TOTAi _ 35W, 5450. ,._. I R-87-105 (Meeting 87-15 July 8 , 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 1 , 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Final Adoption of Amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans Recommendation : I recommend that you adopt the amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans as contained in Report R-87-92 and as clarified herein. Introduction : At your meeting of June 10 , 1987 , you tentatively adopted he amendments to the Skyline Ridge and Russian Ridge Open Space Preserves Use and Management Plans (see report R-87-92 , dated June 10 , 1987) . Discussion : Since the first reading, District staff met with repre- sentatives of the San Mateo County Planning Department and California State Department of Parks and Recreation. The purpose was to discuss the progress of plans and specifications for the two grant projects and poten- tial supplemental CEQA requirements . Both agencies have concurred with our feeling that the planning and construction of the two grant projects should be combined into one project. This will 1) facilitate the CEQA process in allowing the cumulative effects of all the specific projects to be investigated at one time and 2) reduce the cost and administrative duties associated with separate grant accouting procedures and construction supervision. Staff will proceed to complete all of the plans and specifications by November, 1987 . The entire development project will be presented to the County of San Mateo at that time. Prior to this submittal, we will return to you as necessary, requesting appropriate action regarding CEQA. There has been one additional public comment received since your tentative approval of the proposed amendments. That is the letter received in Written Communications from Robert Fisse for the July 8 Board meeting. We feel the draft reply adequately addresses this concern. R-87-106 (Meeting 87-15 July 8 , 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 2, 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed Slobe (Aries) Property Addition to the Windy Hill Open Space Preserve Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase and Sales Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Windy Hill Open Space Preserve - Slobe Property) . I further recommend that you tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Windy Hill Open Space Preserve, and indicate your intention to dedicate approximately 369 acres of the property as public open space, and indicate your intention to withhold from dedica- tion approximately 60 acres of the property near the southern boundary as indicated in this report. Introduction: The Midpeninsula Regional Open Space District currently has the opportunity to purchase 429 acres of land containing one of the most visible landmarks on the Midpeninsula. Spring Ridge, the prominent grass covered ridge which forms the scenic backdrop to the Town of Portola Valley, forms the center of the property. The property extends from the northern end of the existing Windy Hill Preserve near Skyline Boulevard to Portola Road in Portola Valley and is bounded by Bozzo Gulch and Hamms Gulch. The property would become an addition to the existing Windy Hill Open Space Preserve (see attached map) . Destined to make the Windy Hill Preserve one of the District's most popu- lar preserves by its sheer beauty, size, visibility, and relative close- ness to the urban core, the property also provides the potential for a regional staging area at its lower end (adjacent to Portola Road) with trail access to the recreational lands of the Skyline corridor. R-87-106 Page two The seller will retain a 20 acre holding adjacent to Alpine Road with the rights to develop one home site, including ancillary structures . Access to this parcel will be via the Portola Road entrance to the prop- erty (north of The Sequoias retirement complex) , and will involve a short section of new road construction. The District will obtain a trail ease- ment over the Corte Madera Creek corridor to tie in with the Town's Eagle Trail, the Portola Valley managed section of the Windy Hill loop trail. A. Description of the Site 1. Size, Location and Boundaries The 429 acre property is located entirely within the Town of Portola Valley in San Mateo County and extends from Portola Road and Alpine Road in Portola Valley to the Windy Hill Preserve adjacent to Skyline Boulevard. It is bounded to the south and west by the existing Windy Hill Preserve, Bozzo Gulch to the north (private property) , Corte Madera Creek and Alpine Road to the southeast, and by Portola Road, The Sequoias retirement community and private homes along Willowbrook Drive to the east. Hamms Gulch forms the boundary to the south between the Preserve and this property. 2 . Topography, Geology and Natural Resources Topography The property is comprised of an easterly facing grass covered ridge (Spring Ridge) which rounds to the north and south into steep creek canyons. The portion of the property bordering Por- tola Road is fairly level. Elevations on the property range from 530 feet along Portola Road to 1580 feet along the western border. There are two creeks located on the property; Sausal Creek flows along the eastern end of the property, and Corte Madera Creek is located along the southern and southeastern boundary. Sausal Creek originates in the southeastern corner of the property and flows parallel to the eastern boundary. An earthen dam along this creek forms a pond approximately one-half acre in size. During the wet season, a concrete spillway allows the creek to continue along its course, eventually leaving the property at the northeastern corner. A tributary to Sausal Creek is located in Bozzo Gulch. Corte Madera Creek parallels Alpine Road in the southeastern corner of the property and then turns northward, meandering in and out of the southeastern border of the property as it runs through a residential development along Willowbrook Drive. An intermittent tributary to Corte Madera Creek flows through Hanuns Gulch along the southern border. Geology This property may be described as a geologist' s delight. The San Andreas Fault cuts through the lower elevations of the property along the eastern border of the property, roughly paralleling Portola Road and Willowbrook Drive. In addition to this major active fault, numerous lesser active and inactive faults traverse the higher elevations of the property. R-87-106 Page three As a result of the history of earthquake activity in the area, the underlying rock types and resulting soil types are diverse. Por- tola Valley' s Geologic Map (1984) shows the property roughly divided into two separate geologic areas. The edge of the San Andreas rift zone roughly cuts the property in half at a midpoint along Spring Ridge. The eastern half of the property is character- ized by landslide deposits and bedrock of the Santa Clara forma- tion. The Santa Clara formation is comprised of conglomerate sandstone and mudstone. The upper half of the property, on the other hand, is composed of very different geologic and soil types . Bedrock here consists of the Monterey formation (chert, claystone and sandstone) , sandstone, basalt, and the San Lorenzo formation (shale, mudstone, and silt- stone) . There are approximately 10 identified active landslides on the property as well as numerous older inactive landslides. The San Mateo County Landslide Susceptibility Map (1978) indicates the entire property to be in the highest category of potential for landsliding. However, a more detailed look at the Town of Portola Valley' s Movement Potential of Undisturbed Ground Map (1984) shows approximately 40% of the property, primarily along the spine of Spring Ridge, as being relatively stable ground. The remaining area falls into two categories--the San Andreas Fault zone area and the sideslopes of Spring Ridge. The fault zone area, identified as lying within 100 feet of the San Andreas Fault, is subject to permanent soil displacement as a result of fault movement. The sideslopes to the north and south of Spring Ridge are rated with significant potential for downslope movement and unstable ground characterized by a seasonally active downslope movement. Natural Resources The property is as diverse in its natural history as it is inter- esting geologically. The variety of plant communities includes the riparian vegetation along the assorted creeks and Sausal pond, redwood and Douglas fir forest in the creek canyons , yielding to oak woodland and, finally, the grassland community which makes this property unique--the expansive open meadow. A landmark to many Southbay residents, the light colored undulating grassy slopes of Spring Ridge stand out against the otherwise dark tree or chaparral covered hillsides of the northern Santa Cruz Mountains . B. Current Use and Development Even though the property is privately owned, it has been used for recreational purposes for many years . Use by hikers, equestrians , and bicyclists is evidenced by the wear and tear on the trail and road system, particularly at the lower elevations. Access to the property is available from a number of points . Beginning at the western boundary and moving clockwise, the prop- erty is accessible from the Windy Hill Preserve, where the existing R-87-106 Page four road at the north gate entrance actually continues down the spine of Spring Ridge to the second entrance to the property. This entrance is north of The Sequoias, on an existing driveway which bisects the flat meadow area adjacent to Portola Road. An adjacent neighbor has an access easement over a portion of this road. Some neighborhood access is available through The Sequoias, and moving further south, the Town of Portola Valley has a trail easement across the southern part of The Sequoias property entering onto this property. Some residential access is evident along the Willowbrook Drive develop- ment, and finally, Alpine Road has several entry points. One entry point, near the intersection of Willowbrook Drive and Alpine Road has been a problem in that it is unsecured and has historically been a motorcycle entry point. It also leads to a local "party spot" where there is a history of campfire use. The property has quite a developed trail system, generally in the form of existing roads and volunteer foot trails at the lower eleva- tions. The main road through the property enters from the Portola Road entrance north of The Sequoias. From here the road forks to the right entering private property, or to the left following the perimeter of The Sequoias and passing by Sausal pond. After approxi- mately one half mile and moving in a southerly direction, the road switches uphill and begins its ascent up the ridge to leave even- tually the property at the common boundary with the Windy Hill Pre- serve. (This road continues on to exit the Preserve at the so-called north gate along Skyline Boulevard. ) The road is of vehicle width with the exception of an area near the Preserve boundary which narrows to hiking trail width due to past landslides. A second road branches from this main road at the first switchback. This track, historically known as Brown Road, used to continue along Alpine Road and Corte Madera Creek following the route now taken by the Hamms Gulch Trail on the existing Windy Hill Preserve. Landslides have eliminated portions of Brown Road. A branch from Brown Road winds through the oak woodland in the southeast corner of the property, leading to the previously mentioned "party spot" and up a steep hill to tie back into the main road. Numerous foot trails are located on the property; these are most con- centrated at the lower elevations . Two trails warranting mention are, first, a foot trail which descends from the main road through the 20 acre parcel to be retained by the seller. This trail eventually leads hikers to the Corte Madera Creek corridor. The second trail parallels the rear of the Willowbrook subdivision, eventually ter- minating at a landslide. Several residential access points from the subdivision are located along this trail . Cattle grazed the grassy ridge up until several years ago. Improve- ments from the grazing operation are still evident. Corrals are located in the area immediately south of The Sequoias and at the top of the ridge near the Windy Hill Preserve. A watering system, including troughs, is also located at the top of the ridge. Cross R-87-106 Page five fencing breaks the ridge up into smaller grazeable units . Rein- statement of grazing will be addressed in a Comprehensive Use and Management Plan for the property at the time of the next Use and Management Plan review for the Preserve. At the present time horses are grazing in a small pasture next to The Sequoias. However, staff has not been able to determine the ownership of these horses by the time of the writing of this report. An earthern dam across Sausal Creek created a pond which was most likely created for live- stock use. The pond now serves as a watering hole for wildlife and birds, and is a nice focal point for the lower part of the property. C. Planning Considerations The General Plan of the Town of Portola Valley identifies the prop- erty as future residential, and the property is zoned residential estate and mountain residential. Both designations have slope den- sity restrictions, design review restrictions, and minimum lot sizes of 3 . 5 and 7 .5 acres, respectively. The lower elevations of the property are zoned residential estate, while the mountain residential designation is applied to the higher elevations. A tentative map for a 60 lot subdivision has been approved by the Town for the prop- erty. There is also a recorded development agreement (November 8 , 1984) in which the Town and the owner (Aries) agreed to limit develop- ment on the property to 12 lots. The General Plan also identifies a proposed open space or recreational corridor along the eastern and southeastern boundary of the property. The portion of the property which fronts on Portola Road, north of The Sequoias, is indicated as a proposed meadow preserve; behind The Sequoias, the Sausal Creek corridor, including the pond, is identi- fied as a greenway; and the southeastern corner of the property located behind the Willowbrook subdivision and along Alpine Road is indicated as a proposed community preserve, called the Corte Madera Preserve. The entire length of Alpine Road is marked as a parkway in the General Plan. The Portola Valley Trails and Pathways Committee has mapped a trail plan for the property which identifies potential biking routes , hiking and equestrian trails, and foot trails. Any future development of the property for recreational purposes would be subject to the appropriate mown approvals and reviews. As a condition to the purchase, the owner will be required to obtain necessary approvals from the Town to provide initially staging facilities for 50 public vehicles . The proposed location of the staging area is north of The Sequoias in the flat, meadow area. A regional staging area for this property is of primary concern due to its significance in not only linking the regional trail system, but also to its current regional popularity and visibility. The property is rated very high to moderate on the District' s Master Plan Map, a composite rating system which ranks land as to suit- ability as open space. R-87-106 Page six D. Potential Development The Portola Valley Trails and Pathways Committee has prepared a detailed trail plan for the property. The plan was created in coordination with previous subdivision plans for the site, so some revisions may be in order. The primary trails on the plan, however, are: 1) a trail up Hamms Gulch, 2) a trail up Bozzo Gulch, 3) some realignment of the main road to avert a steep area prone to erosion, and 4) a mid-level traverse trail following approximately the 1200 foot contour. Staff will work with members of the Trails and Path- ways Committee to refine the plan prior to development of the Compre- hensive Use and Management Plan for the site. Access to the 20 acre parcel to be retained by the seller will be from the main road entering the site from Portola Road. A new sec- tion of road will need to be constructed which will branch from the main road just beyond the first switchback. An access easement will be retained by the seller over the portion of affected property, and an alternative to this access could involve construction of a bridge across Corte Madera Creek, entering the property from Alpine Road and leading to the 20 acre holding. The purchase agreement has a provision for either the District or owner to opt for that entrance at some future date at the requesting party's expense. As previously mentioned, a condition on the purchase is that the seller obtain from the Town all necessary approvals for the develop- ment of a staging area at the Portola Road entrance to the property to accommodate initially 50 vehicles. A regional staging area is critical to the proper use, management, general and public signifi- cance of this property as a regional link in the Skyline corridor recreational lands. E. Preliminary Use and Management Recommendations The Preliminary Use and Management recommendations contained below generally represent a status quo plan of use and management for the site and, in accordance with the District's planning process, will be effective until a Comprehensive Use and Management Plan is prepared for the property. 1. The earthen dam and concrete spillway at Sausal Pond will be inspected for safety purposes. 2 . "No swimming" signs will be posted around the perimeter of the pond. Cost is estimated at $100 with funding included in the fiscal year 1987-1988 budget. 3. The main road will be reopened for patrol purposes enabling patrol through the site from Skyline Boulevard to Portola Road. Cost is estimated at $1000 with funding included in the fiscal year 1987-1988 budget. 4. The entrance at Portola Road will be fenced and gated as needed to secure the site and prevent vehicle trespass onto the hayfield. Cost is estimated at $1000 with funding included in the fiscal year 1987-1988 budget. R-87-106 Page seven 5 . All other access points will be fenced and/or gated as needed to secure the site. Cost is estimated at $1200 with funding included in the fiscal year 1987-1988 budget. 6. Property boundary signs and wildland signs will be posted as needed. Cost is estimated at $150 with funding included in the fiscal year 1987-1988 budget. 7. Staff will work with the Town of Portola Valley Trails and Path- ways Committee to formulate a workable trails plan for the site. 8. The main road will remain open to bicycle traffic from Portola Road to Skyline Boulevard. 9 . The issue of incorporating portions of this property into the current experimental "dog area" of the Preserve will be referred to the Board's Dog Committee. 10 . The horse pastured on the northeastern corner of the property will be removed. F. Dedication Because of the sizeable cash investment by the District for this property and the fact that a 20 acre in-holding will be created as a part of this acquisition, there would be the possibility of creating and reselling a minimum of one additional site near to or adjacent to the site being retained by the owner. Based upon the field review by staff, additional sites in this area could be accommodated without severe impact upon the open space and recreational values of the property. The creation of such sites for future resale by the District would only be proposed after further study of the area in question and an in-depth analysis of the District' s cash flow position relative to other purchase opportunities. The area of the additional building sites, which could sell for as much as $1 million, would be located within the approximately 60 acre area as shown on the map attached to this report. It is therefore proposed that this area, containing approximately 60 acres, be withheld from dedication at this time, while the balance of the property be intended for dedication as public open space. G. Name The property should become an addition to the Windy Hill Open Space Preserve. H. Terms As indicated above, there is currently a development agreement which purports to limit subdivision of the property to 12 sites; however, this agreement would not preclude more dense development if allowed by current zoning and building regulations of the Town. Apparently the current slope density indicates a home site yield of approximately 60 lots. As a practical matter, the ideal development would probably R-87-106 Page eight be in the range of 12 to 16 lots, located in the lower (eastern) por- tion of the property. Confining development in this manner would produce the most economical site improvement costs, while limiting housing to the lower portion of Spring Ridge. In this way there would be less public resistance to subdivision and development of the property. As a part of the development, it is assumed that certain portions of Spring Ridge, as well as the lower elevation, oak woodland would be developed and the public excluded (except for dedications to the Town trail system) . It is very likely that interests in the upper portion of Spring Ridge would be dedicated to preserve much of this visual resource; however, the public would probably be excluded, as the dedication would most likely be by conservation easement with the underlying title to the land held jointly by the lot owners. Robert Slobe, who currently holds an option on this 449 acre prop- erty from the owner, Frank Aries, is mainly interested in acquiring a single homesite for his own use and developing the property to the degree necessary to yield this homesite as his net profit. The basis of negotiations has provided the District the opportunity of acquiring the remaining 429 acres at a price of $4 .7 million (which covers Mr. Slobe' s acquisition and site preparation costs) . This price would average $313, 000 per raw lot (assuming a 16 lot sub- division) or approximately $11 ,000 per acre. While staff considers this price to be near the "top" of the range of market value, it is still thought reasonable when considering that this parcel is one of the most desirable properties in the District from the standpoint of development. It is close to the urban area, but in a rural "hills" location; public roads and all utilities are available to the site; and views from developed homesites would be spectacular. The prop- erty is also adjacent to public open space lands which would provide convenient recreational opportunities . All of these factors lead staff to the conclusion, based upon recent lot sales, that the finished site would sell in the $750,000 to $1 million range, easily meeting Mr. Slobe' s expectation for a "free" homesite. From the District' s standpoint, this property is an extremely high visual resource, and it connects existing public roads (Alpine and Portola) with the Windy Hill Open Space Preserve (which is currently accessible from Skyline Boulevard) . The property also completes the recreational opportunities for the Windy Hill Preserve in that the trails on this property are already used by the local residents as an integral part of the existing trails system and will also provide an area for regional parking and public staging easily convenient to the District' s constituency. The $4 . 7 million purchase price would be an all-cash transaction contingent only upon Mr. Slobe' s completion of the purchase from Mr. Aries and the Town of Portola Valley approving the District development of the 50-car public parking lot. The purchase agreement will be transmitted separately when available. R-87-106 Page nine I. Additional Funding Opportunity At the time the District acquired the former Bachtold property as an addition to the Windy Hill Open Space Preserve (see report R-84-16 dated March 15, 1984) , the Town of Portola Valley was encouraged to contribute the Town's "open space fund" of approximately $130, 000 toward that acquisition. After careful study, with consultation from the Town' s Conservation Committee and Trails and Pathways Committee, the Town Council declined to participate because they felt there were more visually important properties that should receive such funding. One of the parcels at the top of the list for potential funding was the Aries property, mainly because of Spring Ridge and the existing trail system already under Town resident use. The District proceeded with the purchase of the Bachtold property, but kept in mind the list of important properties potentially eligible for funding parti- cipation by the Town. It is therefore proposed that the Town be approached by District staff and one or more Board members to attempt to secure a contribution from the Town for this key open space prop- erty purchase. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Windy H0 Open Space Pres&e ;)PROPOSED PARK I NG PORTOLA VALLEY n ......w. ..>t ,fir ' � � wY {�� 1 A + '► +`~ ~*ram g* . a tp 1 tl SAUSAL PARCEL 13: GUa ACRES 3 ' wX POND ., TO BE WITHHELD FROM MCDEDICATIOW-1. 00 iPARCEL A: 36�± ACRES , i ti G TO BE DEDICATED L s •' ,; '' ALPINE ROAD+ 5. r. DOGS PERMITTED IN THIS AREA4`13 . WINDY HILLF 36 PRO 0 ACCESS ROAD yA 'EAGLE TRAIL ZIT HAMMS GULCH TRAIL—��� ��•..' '6 (DOGS PERMITTED), 'PARCEL TO BE RETAINED ' ar. BRM. I$ r'( lam.• lu a<� Wa! ;• A4/ . �� �` " �• RAZORBACK RIDGE TRAILS TRAIL—1 i larll 0.4 , ' } ,.SKYLINE BOULEVARD j t .y p L G(l NOTE: BICYCLES ARE NOT ..... ` µ ®� ALLOWED ON THE LOOP TRAIL.i. MIL X p y twr.` ,. :`"''s ...,. ..... f ?•.�. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AND SALE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DIS- TRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE - LANDS OF SLOBE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase and Sale Agreement between Robert Slobe and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and author- izes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $25,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five: It is intended and hereby authorized that the District General Fund will be reimbursed in the amount of $4, 700, 000 from the proceeds of the next long term District note issue. R-87-109 AA, (Meeting 87-15 Nble July 8 , 1987) 8 KC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 8, 1987 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: C. Britton, Land Acquisition Manager SUBJECT: Supplemental Report for Proposed Slobe (Aries) Property Addition to the Windy Hill Open Space Preserve Discussion: Tonight you will be considering the subject matter as listed on your Agenda under Item 5 . The staff report (R-87-106 of July 2 , 1987) indicated that the purchase agreement would be transmitted separately when available. The purchase agreement is still not available and will probably not be available until your meeting of July 22, 1987 . Recommendation: As a result of this delay and last minute negotiations with the owners, I would like to recommend actions for tonight that will help to facilitate this transaction: 1. The dedication recommendation in Section F included a proposal to withhold 60 acres from dedication at this time. I now recommend that you indicate your intention to dedicate the whole property. 2. 1 further recommend that you go through the entire report presenta- tion by staff with public comment and conclude your discussion and decision making process on use and management, dedication, and naming, and indicate tentative approval of these items. 3. Finally, I recommend that you approve the purchase in concept, subject to final approval of the purchase agreement at your meeting of July 22, 1987 . The purchase agreement would reflect the following terms and conditions: a. The District would acquire 429 acres of the 449 acre parcel, with Robert Slobe retaining one 20 acre site for residential purposes. b. The District would pay $4 .7 million in cash at close of escrow (scheduled to occur on August 15 , 1987) , C. The 20 acre retained parcel would be permitted to be developed as one residential site under the rules and regulations of the Town of Portola Valley, with the District retaining the right of first refusal should the parcel ever be sold. R-87-109 Page two d. The 20 acre site would have access along the existing driveway from Portola Road which would be shared with the District. The District or Mr. Slobe would be able to replace that access road to the 20 acre site with a legal driveway from Alpine Road, with the requesting party to pay the cost. e. The District would have the right to use any extension of the existing driveway as constructed by Mr. Slobe to access his site to connect to any realigned road the District might con- struct to patrol and maintain the property. f. The extension of the Town' s Eagle Trail would be reserved by easement where it crosses the 20 acre site. g. Mr. Slobe would be responsible for the subdivision of the property into the two sites and the surveying of the 20 acre parcel. h. The entire transaction would be contingent upon: i) District receiving approval from the Town of Portola Valley to construct a 50 car public parking lot adjacent to Portola Road. ii) Mr. Slobe completing the acquisition of the property from Frank Aries . iii) Town approving the subdivision of the property into the two parcels . R-87-101 (Meeting 87-15 July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 1 , 1987 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; D. Woods, Open Space Planner SUBJECT: Proposed Maas Property Addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Maas) . I further recommend that you tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report including naming the property as an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area, and indicate your intention to withhold the property from dedication at this time. Introduction: The Midpeninsula Regional Open Space District is considering the acquisition of 115 acres of land located southeast of Lexington Reser- voir (see attached map) . If acquired, the property would become an addition to Sierra Azul Open Space Preserve - Mt. Umunhum Area. The property could eventually serve as an important link between existing District holdings around Mt. Thayer to the north, and the leased open space lands of the Kidwell property to the west. A. Description of Site 1. Size, Location and Boundaries The property consists of five contiguous parcels of land totalling 115 acres. These parcels are located in the upper portion of the Los Gatos Creek watershed on the east and southeast facing slopes overlooking Austrian Gulch and Lake Elsman. The site is approx- imately one mile southwest of the Mt. Umunhum summit, and 82 miles east of State Highway 17 and Lexington Reservoir. The property is bounded on the east and south by lands owned by San Jose Water Company. Private property is located adjacent to the property' s north and west boundary. The site' s western and southern property corners extend to Austrian Gulch Creek. The existing lands of the Sierra Azul Preserve are less than a half mile to the north and west of the site. R-87-101 Page two 2. Topography, Geology and Natural Resources The site encompasses a portion of a prominent ridge extending south from the main ridge line connecting Mt. Umunhum to the lands of Kidwell. (The Kidwell property is currently leased by the District as a part of the acquisition process. ) The proposed acquisition has elevations that range from 2286 feet to 1200 feet. The upper portion of the property is relatively flat. The majority of the site drops off steeply toward Austrian Gulch, a vital part of the Los Gatos Creek watershed. Austrian Gulch provides water year- round to Lake Elsman and Lesington Reservoir. Two perennial tribu- taries flowing into Austrian Gulch Creek extend diagonally through the property in the northeastern portion of the site. Soils on the property are of the Maymen-Los Gatos association, arising from sedimentary sandstone and shale parent materials . These soils are shallow, typically found on steep slopes and generally not vulnerable to landsliding. Two earthquake fault areas are located in the Los Gatos Creek Canyon, affecting the southern part of the property. They are the San Andreas fault zone and the Sargent fault. Most of the property was burned in the 1985 Lexington fire; how- ever, the fire spared the riparian corridors of the site. These canyons are vegetated primarily with California bay laurel, oaks, madrone, and big leaf maple. The southern creek canyons include redwoods amongst the mixture of other vegetation. Prior to the burn, the upper slopes were vegetated with typical chaparral species including chamise, manzanita, buckbrush, scrub oak, toyon, mountain mahogany, and coyote brush. Healthy resprouting of most of these species is occurring. A variety of conifers located on the upper slopes are also resprouting, indicating their presence prior to the fire. The erosion hazard is very high in the burned areas. This is due to the elimination of the protective plant cover and removal of organic matter from the soil. Consequently, a hydrophobic soil is created, which decreases water infiltration and increases runoff. The Santa Clara Valley Water District coordinated aerial seeding of the burned areas, which included this property. A soils monitoring study is currently being conducted on the property by the Soil Conservation Service and U. S . Geologic Survey in conjunction with the Water District. B. Planning Considerations The property is located in unincorporated Santa Clara County and is zoned agricultural. Acquisition of the property for open space pur- poses conforms with the Santa Clara County General Plan. The County' s Trails and Pathways Plan, as revised May 1982 , indicates a proposed trail in the Los Gatos Creek Canyon, which could involve the southern part of the property. This proposed County trail would ultimately connect the Los Gatos Creek Canyon with Lexington Reservoir and the District' s Mt. Umunhum Area holdings via Austrian Gulch. R-87-101 Page three The parcel has a low to medium rating on the District' s Master Plan map, a composite rating of lands' suitability as open space. C. Current Use and Development The open space values of the property have diminished in the past few years due to extensive grading. District map resources indicate that prior to 1978 , improvements were limited to the main access road along the north portion of the western boundary, and a fire trail extending north along the same boundary. Since that time, extensive grading has occurred throughout the site, resulting in three building pads and a connecting road system. The road system extends to the creek in the eastern portion of the site. It should be noted that two of the three building sites have been created since the aerial photographs were taken of the burn area in July 1985 . Two of the building sites, the upper and lower graded pads, are equipped with propane tanks. In addition, there is a house trailer and camper located on the lower road. A small 200 square foot water impoundment area is situated adjacent to the perennial creek and the terminus of the lower service road. A gate is maintained on the main access road near the western boundary. The access road originates at Cothran Road and passes through the Kidwell lands and two private parcels before entering the site. The right of way seems well established for patrol purposes; however, the recorded rights are incomplete. It also appears that there are no recorded easements for use of the roads through the subject property to access private properties beyond the site. D. Potential Use and Development Future planning for this site will be accomplished in conjunction with planning efforts for other District properties comprising the Sierra Azul Open Space Preserve. The site would potentially provide trail connections between existing and future public open space lands in the area. It is envisioned that recreational trails will some day link the Los Gatos Creek corridor with the northern upper ridges that extend to Mt. Umunhum and Loma Prieta. This property could serve as an important link in that trail system. The protection of this property from fur- ther grading and development will serve to preserve and enhance the Los Gatos Creek watershed. The parcel is remote with the closest District holding (Mt. Thayer and surrounding parcels) designated as a Conservation Management Unit (CMU) . A CMU is an area within a Preserve which, due to certain limiting factors, is managed primarily for viewshed and conservation (see report R-87-34 of February 5 , 1987) . The CMU designation is usually placed on a property at the time of acquisition. E. Preliminary Use and Management 1. Staff will monitor the current owner' s required removal of the house trailer, camper, and two propane tanks. These tasks are to be completed prior to the close of escrow. 2. Boundary plaques will be placed where necessary. R-87-101 Page four 3. The gate at the entrance to the property will be maintained and kept closed. 4. Staff will investigate recorded easements and other rights that are appurtenant to the subject property and the intervening private properties through which the access road passes. 5. If District easements can be perfected, the access road will be maintained for patrol purposes on a regular basis. Cost is estimated at $1000, with funding available in fiscal year 1987-1988 budget. 6. The parcel will be designated a Conservation Management Unit (CMU) and be managed accordingly. This is consistent with the nearby portion of the Sierra Azul Open Space Preserve - Mt. Umunhum Area (Mt. Thamer) . F. Naming I recommend that this property become an addition to the Sierra Azul Open Space Preserve - Mt. Umunhum Area. G. Dedication I recommend that you indicate your intention to withhold this property from dedication at this time. This is due to its currently isolated nature in relation to other District lands , and its potential for future sale or trade. H. Terms In accordance with the terms and conditions of the attached Purchase Agreement, this would be an all cash purchase at a price of $229 ,900. Funds for this purchase would come from the proceeds of the 1987 Promissory Note Acquisition Fund. Since this property is composed of five separate assessor' s parcels , there is a potential that a certificate of compliance could be obtained for each lot as a separate site. The raw site value would then average $46 , 000 each. There are currently three building "pads" graded on the site which could be developed fairly easily. The three existing sites with the potential for two additional sites is the basis of value for this property holding. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Sierra Azul Open Space Preserve I T { Z /+\\ ,�r,':_ 't.1. 00 ' ` � �_\ {s•+'�.: A I,4!a t'o t!!. f C � / �,� �,6.=i° � {1�� , l✓<��``�\��/�'.l •n�ael�r cw" , • �l f l�� �7 L R J���9�-. ��� �� a Q 0 � � 1 I I/•.' l �- ! ` - � ` -'' _.'�\ter-+ �` r ,! ' \� CMl_l a � r 1 t _ 1 tv LEASED. TO_DISTRICT GATE GRADED SITES' Q 'i• T•- � RESERVOIR ; { t j PROPOSED { c' ACQUISTION , T. 7�11`,t�4�r rri A• ��t .1.�'f,l r l•r._ r,' 1 ,\\`_ �� � �� i I, !' ` �I r���n '� � �I I' - 3�...l� �I Alf -L N 4 /"1 �_ �� l� (.-l�� _i._.tom • i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZ- ING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MAAS) i The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase -Agreement between Clifford Lindsay Maas and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. The sum of $229 ,900 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1987 Promissory Note Acquisition Fund for this purchase. { PURCHASE AGREEMENT This Agreement is made and entered into by and between CLIFFORD LINDSAY MAAS, a single man, or his nominee, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinunder called "District". WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement, and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes, and WHEREAS, District desires to purchase said property for open space preservation and as a part of the ecological and aesthetic resource of the midpeninsula area, and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District, and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, Purchase Agreement - Maas Page 2 State of California, containing approximately one hundred fourteen and ninety-five one-hundredths (114 .95) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Nos. 562-09-26, -37 and -38 and 562-03-11 and -12 and being more particu- larly described in Preliminary Title Report No. 198983, dated May 15, 1987, from Valley Title Company, attached hereto as Exhibit "A" and by this reference incorporated herein and made a part hereof. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Twenty-Nine Thousand Nine Hundred and No/100 Dollars ($229 ,900. 00) , which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section/e herein, an escrow (No. 198983) shall be opened at Valley Title Company, 300 South First Street, San Jose, California 95113, phone number (408) 292-7150, or other title company acceptable to District (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as the Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow ro instructions signed igne by the parties, but the printed portion � of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein pro- vided, with the following terms and conditions to apply to said escrow: Purchase Agreement - Maas Page 3 (a) The time provided for in the escrow for the close thereof shall be on or before July 31, 1987 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and. District shall, during the escrow period, execute any and all documents and perform any and all acts reason- ably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed .covering the Property as described in said Exhibit "A" . (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District , and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the amount of Two Hundred Twenty-Nine Thousand Nine Hundred and No/100 Dollars ($229 ,900. 00) . (e) Seller shall pay for the escrow fees, the CLTA Stan- dard Policy of Title Insurance, if required by District, and all recordingcosts and fees. All other costs or expenses not other- wise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara Purchase Agreement - Maas Page 4 ro ert taxes r the Property shall be handled Count All current fo Y Y property Y P in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) Seller shall cause Valley Title Company, or other title company acceptable to District, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insur- ance, dated as of the Closing, insuring District in the amount of $229,900. 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) the listed exceptions 1, 3, and 7 as set forth in Said Preliminary Title Report attached hereto as Exhibit "A" , (iii) those additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exception )s and then Escrow Holder and Seller shall, upon Dis- trict' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property- (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and Purchase Agreement - Maas Page 5 to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termina- tion or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse Dis- trict for any and all costs, liability, loss, damage , or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including , but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . I I Purchase Agreement Maas Page 6 6. Removal of Personal Property. It is understood and agreed that located on the property being acquired by District are several items of personal property of Seller, including, but not limited to: one house trailer, one camper shell and two propane tanks. It is agreed that Seller shall remove these personal property items prior to July 31, 1987, and leave the subject property in a neat and clean condition. 7. Seller' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as Of the date this Agreement is fully executed and as of the date of Closing: 7. 01 Authority. Seller has the full right, power and a,,;thority to enter into this Agreement and to perform the transactions contemplated hereunder. 7. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal,. valid and binding obligations of Seller suf- ficient to convey to District the Subject Property described V-4--rein, and are enforceable in accordance with their respective tees and do not violate any provisions of any agreement to which S--'-I--r is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 7. 03 Good Title. Seller has and at the Closing date shall ha-.-e good, ma rketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed eyed to District hereunder, Free and clear of all liens and encumbrances of any type whatsoever an ;.--ee and clear of any recorded or unrecorded option rights or :),-*,--c 4ase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express te=s hereof, and Seller shall forever indemnify and defend District frcm and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. Purchase Agreement - Maas Page ? 8. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) and California Govern- ment Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may -have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 9 . Miscellaneous Provisions. 9. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 9. 02 Attorneys' Fees. if either party hereto incurs any �I expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judg- ment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 9. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any I party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in i i Purchase Agreement Maas Page 8 representations and warranties made by the other party .pontained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants coin- ` tained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obliga- tions under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 9.•04 Rights Cumulative. Each and all of the various rights, . powers and remedies of the parties shall be considered to be cumula- tive with and in addition to ahy other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or par- tial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 9. 05 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such com- munications shall be addressed as follows: Seller: Clifford L. Maas 18 East Main Street Los Gatos, CA 95030 (408) 395-3122 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Purchase Agreement Maas page 9 If sent by telegraph or cable, a conformed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner pro- vided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual deliv- ery as shown by the addressee''s registry or certification receipt or - at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appro- priate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 9.06 Severabili'ty. If any of the provisions of this Agree- ment are held to be void. or unenforceable by or as a result of a deter- mination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 9 . 07 Counterparts. This Agreement may be executed in sepa- rate counterparts, each of which shall be deemed as an original, and - ' when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 9. 08 Waiver. No waiver of any term, provision or condi- tion of this Agreement, whether by conduct or otherwise, in any one, or more instances, shall be deemed to be, or be construed as, .a fur- ther or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. ' I • Purchase Agreement - Maas Page 10 9. 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 9. 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 9. 11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and war- ranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 9. 12 Assignment. Except as expressly permitted herein, neither party shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party, except that Seller may nominate Secret Springs Water Company, Inc. in his place as Seller with all rights and obligations hereto. 9. 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 9. 14 Binding On Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. -- i I i Purchase Agreement - Maas Page 11 9 . 15 Captions , Captions are provided herein for con- venience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agree- ment, nor as evidence of the intention of the parties hereto. 9.1,6 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 9. 17 Broker' s Commission. District shall not be respon- sible for any real estate commission or other related costs or fees in this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damatjes, claims,. causes of action or proceed- ings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 9. 18 Like Kind Exchange. District understands that Seller intends to effect a like kind exchange, pursuant to Section 1031 of the Internal Revenue Code, of the Subject Property for other property to be designated by Seller. District agrees to cooperate with Seller i to effect such exchange by performing all acts necessary therefor, including, without limitation, taking title to the exchange property; I provided, however, that District shall not be obligated to incur any additional expense in connection with the performance of its obliga- tions under this Section 9 . 18. 10 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before June 30, 1987 , District shall have until July 23 , 1987 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable o-L'=er by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. i i - Purchase Agreement - Maas Page 12 As consideration for the tender of said offer, District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10. 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: r Clifford/Lindsay Maas Date: St ; t Counsel ACCE OR RECOMMENDATION: L. aig ritton Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: VALLEY TITLE COMPANY PRELIMINARY REPORT XX 300 South First Street—San Jose,95113 (408)292-7150 —605 Castro Street—Mountain View,94040(415)968-4427 —2354 Alum Rock Avenue—San Jose,95116(408)251-8500 —10625 South Da Anza Boulevard—Cupertino,95014(408) 253-7630 —14526 Camden Avenue—San Jose,95124 (408)377-7911 —1930 South Bascom Avenue—Campbell,95008(408)371-7891 A.P.N. NO. 562-3-11812 ESCROW NO. 562-9-26 ,37 and 38 198983 (PD) Dated as of May 15, 1987 at 7:30 a.m. In theevent of cancellation.a minimum charge of$200.00 will be made. It the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made, In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to Issue or cause to be issued,as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY.IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy Form B 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy Ed4 H I0IT VTC-216 ._.�,__._.__., ,..__....._.... ._ ...... ._ _._... . ... ____._._ .. _. _.nk, '1 __. '18983 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this Report is: a fee 2. Title to said estate or interest at the date hereof is vested in: 'CLIFFORD LINDSAY MAAS, who acquired title as a single man F HE ESTEE HEREIN WAS ACQUIRED B DEED: TITLE Q T V Q Y FROM : Norbert C. Ertell and Pearl G. Ertell, husband and wife DATED: July 28, 1983 RECORDED: July 29, 1983 Book H-7621 page 442 of Official Records INSTRUMENT NO. : 7763490 DOCUMENTARY TRANSFER TAX: $33 .55 MAILING ADDRESS : 18 E. Main Street, Los Gatos, Ca. 95030 3. The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: (Cont'd on next page) 'a32 orm. a 1 ,8983 PARCEL ONE BEGINNING at the 1/4 Section corner between Sections 13 and 24, Township 9 South, Range 1 West, M.D.M. ; thence North on said 1/4 Section line through the -center of said Section 13, the same also being the line between Lots 14 and 15 of said Section 13, 11 .29 chains to a point from which bears a witness post North 2.58 chains said witness post is referenced by a live oak 6 inches in diameter marked B.T .G. 2 and bears North 720 17 ' East distant 17.8 feet; thence North 870 25 ' East 17.78 chains to a point; thence South 11 chains and 21 links to a point on the South line of said Section 13 and from said point bears a witness post South 870 10' West, distant 3 .36 chains; thence from said point South 870 10 ' West 17.78 chains to the point of beginning. PARCEL TWO: LOT 3 of Section 24, Township 9 South, Range 1 West, M.D.M. PARCEL THREE• Lot 14 and the South 1/4 of Lot 11 in Section 13, Township 91 South, Range 1 West, M.D.M. PARCEL FOUR • An easement 60 feet in width for ingress, egress, road maintenance and the installation and maintenance of utilities and water lines following the line of the existing roads over the lands of the grantor described as follows: The North 3/4 of Lot 11 and the South 1/2 of Lot 12 in Section l3, Township 9 South, Range 1 West, M.D.M. E-AHIMT #4 Pale� o� `8983 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1987-1988 a lien, but not yet due or payable . 2 . The lien for property taxes for the fiscal year 1986-1987 securing: The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3.5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 11 1975. 3 . Lack of access to any public street or highway. 4. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount : $15,000.00 Dated : September 22, 1978 Trustor : Muriel Jean Beatty, a married woman Trustee: Lawyers Title Insurance Corporation, a corporation Beneficiary: Kirk C. McFarland Jr . and Marceille J. McFarland, husband and wife Recorded: September 26, 1978 Book D9841 page 615, of Official Records . (Affects Parcel Three) 5. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount : $19,800 .00 Dated: July 27, 1983 Trustor : Clifford Lindsay Maas, a single man Trustee: Western Title Insurance Company, a corporation Beneficiary: Norbert C. Ertell and Pearl G. Ertell Recorded: July 29, 1983 Book H762, page 439, of Official Records. (Affects Parcel One) (Coat d on next page) EXHIBIT Page�oi _)8983 An assignment of the beneficial interest under said deed of trust which names As Assignee: Christina Corbett and June Elizabeth Corbett Recorded: February 2, 1987 Book K023, page 821, of Official Records. 6. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: t27,450.00 Dated: July 27, 1983 Trustor : Clifford Lindsay Maas, a single man Trustee: Western Title Insurance Company, a corporation Beneficiary: Norbert C. Ertell and Pearl G. Ertell, husband and wife, as joint tenants Recorded: July 29, 1983 Book H7621 page 443, of Official Records. (Affects Parcel Two) An assignment of the beneficial interest under said deed of trust which names As Assignee: Christina Corbett and June Elizabeth Corbett Recorded: December 26, 1986 Book J9761 page 1422, of Official Records. 7. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose: ingress, egress, road maintenance and the installation and maintenance of utilities and water lines Recorded: July 15, 1983 Book H717,- Page 591, of Official Records. Affects: 60 feet in width following the line of the existing roads The exact location and extent of said easement is not disclosed of record . 8. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount : t55,250.00 Dated : July 11, 1983 Trustor : Clifford Lindsay Maas, a single man (Cont'd on next page) page of - 98983 Trustee: Lawyers Title Insurance Corporation, a Virginia corporation Beneficiary: Irving G. Hoyt, an unmarried man Recorded: July 15, 1983 Book H717, page 594, of Official Records . (All-Inclusive) (Affects Parcel Three) END OF SCHEDULE B. NOTE 1: Taxes for the fiscal year 1986-1987 have been paid. . Receipt No. 562-09-38. Code 80-008. First Installment $60 .72. Second Installment $60 .72 . (Full Cash Values: Land $11,444 .00.) (Affects Parcel One) - Receipt No. 562-09-37. Code 80-008. First Installment $60.72. Second Installment $60.72. (Full Cash Values: Land $11,444 .00 ) (Affects Parcel One) Receipt No. 562-03-12 . Code 80-008. First Installment $83 .53. Second Installment *83.53. (Full Cash Values: Land $15,606.00) (Affects Parcel Two) Receipt No. 562-03-11. Code 80-008 . First Installment $83 .53. Second Installment $83 .53. (Full Cash` Values: Land $15,606.00) (Affects Parcel Two) Receipt No. 562-9-26 . Code 80-008 . First Installment $331 .04 . Second Installment $331.04 . (Full Cash Values: Land $62,424 .00) NOTE 2: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within five years prior to the date of this report are as follows: Deed dated July 28, 1983, recorded July 29, 1983 in Book H762 of Official Records, page 442, executed by Norbert C . Ertell and Pearl G. Ertell, husband and wife, Grantor to Clifford Lindsay Maas, a single man, Grantee . Deed dated July 2, 1982, recorded July 29, 1983 in Book H762 of Official Records, page 437, executed by Norbert C. Ertell and Pearl G. Ertell , husband and wife, Grantor Clifford Lindsay Maas, a single man, Grantee. Deed dated July 11, 1983, recorded July 15, 1983 in Book H717 of Official Records, page 591, executed by Irving G . Hoyt, an unmarried man, Grantor , to Clifford Lindsay Maas, a single man, Grantee. i EKHI31 44 .Page ©f s Jallezy Title Compai�a LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 ` (Amended 12-6-85 and 2-20-86) SCHEDULE B This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following: Part 1 1. Taxes or assessments which are not shown as existing liens by the records 7. Any law,ordinance or governmental regulation(including but not limited of any taxing authority that levies taxes or assessments on real property or to building and zoning ordinances)restricting or regulating or prohibiting the by the public records. occupancy,use or enjoyment of the land,or regulating the character,dimen- Proce?dings by a public agency which may result in taxes or assessments, sions.or location of any improvement now or hereafter erected on the land, or notices of such proceedings,whether or not shown by the records of such or prohibiting a separation in ownership or a change in the dimensions or agency or by the public records. area of the land or any parcel of which the land is or was a part,whether 2. Any facts,rights,interests or claims which are not shown by the public or not shown by the public records at Date of Policy,or the effect of any violation records but which could be ascertained by an inspection of the land or by of any such law,ordinance or governmental regulation,whether or not shown making inquiry of persons in possession thereof. by the public records at Date of Policy. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 8. Right of eminent domain or governmental rights of police power unless 4. Discrepancies, conflicts in boundary lines, shortage in area, en- notice of the exercise of such rights appears in the public records. croachrnents,or any other facts which a correct survey would disclose,and 9. Defects,liens,encumbrances,adverse claims,or other matters(a)whether which are not shown by the public records. or not shown by the public records at Date of Policy,but created,caused, 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents suffered,assumed or agreed to by the insured claimant;(b)not shown by or in Acts authorizing the issuance thereof;(c)water rights,claims or title the public records and not otherwise excluded from coverage but known to to water,whether or not the matters excepted under(a),(b),or(c)are shown the insured claimant either at Date of Policy or at the date such claimant ac- 1 the p:;blic records. quired an estate or interest insured by this policy or acquired the insured mort- Any right,title,interest,estate or easement in land beyond the lines of gage and not disclosed in writing by the insured claimant to the Company a area specifically described or referred to in Schedule A.or in abutting prior to the date such insured claimant became an insured hereunder;(c) streets,roads,avenues,alleys,lanes,ways or waterways,but nothing in this resulting in no loss or damage to the insured claimant;(d)attaching or created paragraph shall modify or limit the extent to which the ordinary right of an subsequent to Date of Policy;or(a)resulting in loss or damage which would abutting owner for access to a physically open street or highway is insured not have been sustained if the insured claimant had been a purchaser or en- by this policy. cumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The foil wing matters are expressly excluded from the coverage of this policy: 1 (a) Governmental police power. (b) Any law,ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or area of the land or any parcel of which the land is or was a part. (d) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building, health or public safety authorities. 2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no toss or damage to the insured claimant;(d)attaching or created subsequent to Data of Policy;(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid•value for the estate or interest insured by thi oficy. ' vu " '! (List of Printed Exceptions and Exclusions Continued on Reverse Side) EXHIBIT Page © _: LIST OF PRI, .D EXCEPTIONS AND EXCLUSIO, ,CONTINUED) 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created, allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. S. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or • in streets, alleys,or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B - EXCEPTIONS In addition to the Exclusions, you are not insured against toss,costs, attorneys' fees,and expenses resulting from: Part I , (a) Any rights,interests or claims of parties in possession of the land not shown by the public records. (b) Any easements or liens not shown by'the public records. This exception does not limit the lien coverage in Item 8 of Covered Title Risks. (c) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. (d) Any water rights, claims or title to water on or under the land,whether or not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (Rev. 10-17-70 and 10-17-84) SCHEDULE OF EXCLUSIONS FROM COVERAGE The fo;l-nv:nq matters are expressly excluded from the coverage of this policy: 1. (a) Governmental police power. (c) Any law,ordinance or governmental regulation relating to environmental protection. (c) Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a change in the dimensions or area of the land or area of the land or any parcel of which the lard is or was a part. (c) The effect of any violation of the matters excluded under(a),(b)or(c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed to include records in any of the offices of federal,state or local environmental protection,zoning,building, health or public safety authorities. 2. P,ghts of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the dare such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceabllity of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebte ness to comply with applicable"doing business"taws of the state in which the land is situated. ��++ �q ti.X H Page 0¢ gKFrC1 U� t(�urYfv I,,Sort $A I(A CI...., v.••+r. DOCK r3 1s 5fi2 i(4z 64K) , 24 19 1 21.39 AC. 3 2138AC. i(41.67 . 2 ' (41.79 AC) 4 1 I r f1 -Y7 I t -per �• � . 1 I Sw VL70 4C..TML 3 --� -- 4.&474 ! . (A0.91ACj 5 i 42.AC. 5 i 7 ,I%\' 1 _ AC• 74.$OAC. I I 1 t tr„s Jiro It7b' 10 J PAN f LOT 130 AuA t7 tt SL. t 1 1 i 162.97AC. S.J.W.WC LOT �5$ rm Ire I C'3 25 •• 1 yr-C.�Ns Qar1t-rsacx t.l:a soon P 562 t � T 9 S. A.1 w. ,, -7 :MIDPENINSULA OFEN.j, .1�J I ••. SPACE DIST:•.' ^o q e,r 4,-0.44AC. i 11 I LOT{ I LOT 9 a LOT I6 LOT 1 I LOT{ LOT 9 1 LOT 19 (-*7At) 4{l Ao J.: W.79Ac 1 4u{A� (u.nAe) 1 (a7tAA) - + tit (41AI A•) ' tr I P° �s?rur { f USX USACMIT" 1AP 54Si At TOTAL 1 �° I��•� MIDPENI NSULA OPEN SPACE 1 1 j (ast ) DIST. 1 j ��► }{ I 1 - ---- I LOT IS LOT I LOT7 1 10Tto o I lA7s nu •) ► �ry0i9Ai� 4 ��� (m Ai•) { (su{Ai3 t;41.79Ae� 1 (4L 8Ag (a1.T7Ai) v (:vtr�) 10 A?/ `\3I 2z `� 18T.96 AC.TOTAL W.8. yir- -�' 1Las „).rs a< Tt77►L U.S.A. 1194 At 10 MIOPENINSULA REGIONAL OPEN SPACE DISTRICT " t1 LOY 11 I LOT 14 LOT 3 LOT{ T tl i I LOT am' t4L7{Ac) 41.79 A4 ; W.7{Ai' 3L13 A'� I qfR 8 TOTAL 43 44 I I I Q I wa 27 Il 1 1 52.39 Aa.TVM )' 3{ ' LOT III A` I LOT f!o t;TT4i A4) l (°•1T7si Ai) I ((W711 (7t LOT 12 0{Ai� ` Y 1f At. ( ) i (4L7{A) ( • S �. W.W. LOT 1941 3. ). W. W. LOT 193 104.23 Ac {3,ss AC.Toro- t_0ri I rn $ 1 to 1 i r., 0 R-87-100 (Meeting 87-15 July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 30 , 1987 TO: Board of Directors FROM: Board Vacancy Appointment Procedure Committee (T. Henshaw and E. Shelley) SUBJECT: Procedures for Appointing Director to Fill Board Vacancy Recommendation: We recommend that the Board adopt the attached Proce- dure for Interviews and General Criteria for Appointment to Board of Directors. Introduction: At our June 10 Board meeting, Dan Wendin resigned, and after much discussion, the Board voted to fill the vacancy by appoint- ment. The Board approved posting of a notice indicating the Board's intent to fill the vacancy by appointment and indicating that applica- tions are to be filed by 5 :00 P .M. , July 10 at the District office , with an expected appointment date of Thursday, July 23 (subject to change on July 8 ) . In addition, the Board approved use of the pre- viously used application form and advertisement in certain newspapers . You appointed us as a committee to recommend on July 8 procedures to follow for the interview and selection process . We met at a noticed public meeting on June 29 and received input from members of the public. Discussion: Attached is the procedure we recommend for appointing Dan Wendin's successor. It is an adaptation of the procedure used by the Cities ofMountain View and Los Altos in filling City Council vacancies by appointment. Since, for example , we do not know now how many appli- cants there will be , the procedure is intended to be a guideline which may have to be modified at the time of interviews . The Los Altos Council adopted selection criteria for the appointment. We adapted these (attached) for District use and recommend them as general criteria (in addition to the obvious specific criteria having to do with commitment toward the preservation and wise use of open space) . We recommend that the adopted procedures and criteria be sent to appli- cants along with an invitation to the interview. Staff is already sending general District information packets to candidates as applica- tions are received. Also, candidates who cannot attend one or both interviews should be encouraged to submit supplementary information. Note that the first round of interviews would be at 7 :30 P .M. on Wednes- day, July 15 when five of our six Directors are expected to be in attendance and that final interviews and selection would be at 7 :30 P.M. Thursday, July 23 when we all expect to be in attendance. We want to emphasize that the objective of the first round is to pare down the field of candidates to the three to six individuals the Board feels are best qualified for further interviews. Note also that all interviews would be public. R-87-100 Page two District Legal Counsel has looked into the eligibility requirements for an appointee. He concluded that in order to be eligible the person must be a registered voter residing in the ward, but there is no mini- mum time requirement for such residency and registration. l i i i i i i I I I I � I � i I i i I i I I i R-87-100 Page three PROCEDURES FOR INTERVIEWS . First Round - 7: 30 P.M. , Wednesday, July 15 - Open Session 1. Order of appearance of applicants established in a random drawing of names. 2. Each applicant allotted five minutes for opening statement followed by a maximum 3 minutes of clarification questions by the Board. 3. Round-robin questioning by Board members of applicants for maximum of 30 minutes . 4. Each applicant (order determined by another random drawing) will have two minutes maximum for final statement. 5. Board recess for 10 minutes . 6. Each Board member casts a signed ballot for up to six top choices for second round interviews. 7. Clerk keeps ballots for later public inspection. 8. Voting tallied and announced by Clerk. 9. The field. will be narrowed to half of the original number of candi- dates, but at least 3 , and at most 6. 10. The candidates receiving the most votes will be those selected for the second round. 11. If there is a tie, there will be additional votes on the full list until the tie is broken. Second Round - 7:30 P.M. , Thursday, July 23 - Open Session 1. Random drawing for order of appearance . 2. Each finalist allotted 20 minutes for answering questions posed by the Board. 3. Random drawing for order of appearance for final statements. 4. 10 minute recess. 5. Each finalist will get 5 minutes for summary. 6. Each Board member casts a signed ballot for his or her choice of appointment. 7. Voting tallied and announced by District Clerk. 8. Clerk keeps ballots for later public inspection. 9. If no candidate receives four votes , there will be additional votes on the full list of finalists until a candidate receives four votes. 10. Board adopts resolution naming appointee to fill the office. Absence of Candidates From Interviews - The Board will consider the written application and supplementary information provided by candidates who cannot attend one or both sessions. R-87-100 Page foci: GENERAL CRITERIA FOR APPOINTMENT TO BOARD OF DIRECTORS 1. Wants the job! 2. Involvement in or awareness of local government functions and operations 3. Previous attendance at Board meetings 4. Some knowledge or awareness of finance and budget issues 5. Knowledge of and exposure to community service activities 6. Interest, time, and energy to give to the job 7. Sense of humor. 8. Flexibility 9 . Sensitivity to the community 10. Ability to work in team setting 11. Knowledge and awareness of what is going on in the District 12. Not single-issue oriented 13. Breadth of awareness of and outlook on kind of issues District faces 14. Knowledge of how District fits into the greater region 15. Ability to bring strength to and complement current Board and add a different dimension to the Board 16. Comfortable with public speaking and working with groups 17. Ability to take the heat in the kitchen! R-87-107 (Meeting 87-15 AA. July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 2, 1987 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Support for the California Wildlife, Coastal, and Park Land Conservation Act Initiative Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Proposed "California Wildlife, Coastal, and Park Land Conservation Bond Act" Initiative . Introduction: One of the items in your adopted 1987-1988 Initial Legislative Program is to support with an "A" priority a State bond act for parks and open space. Another item is support ( "B" priority) for funding of trail corridor connections, in fee or easements , from Midpeninsula Regional Open Space District preserves to State Parks . The potential opportunity to accomplish these goals has presented itself ! Californians for Parks and Wildlife, a grass-roots coalition formed by the Planning and Conservation League, recently kicked-off a signature drive to qualify a citizens ' initiative for the June 1988 ballot. This measure would provide $776 million for State and local park and open space acquisition and development. A petition, including the text of the initiative and the Attorney General's summary, and supple- mentary information are attached. Additional copies of the petition are available for circulation. Discussion: The District is specifically named as recipient of $9 million, which could be spent to add land to Rancho San Antonio, Sierra Azul, El Sereno, Windy Hill, and El Corte de Madera Creek Open Space Preserves and to acquire a new Teague Hill Open Space Preserve above Woodside and Redwood City (see attached map) . An additional $1 million is allocated to the District for connections between District preserves and Castle Rock and Portola State Parks . Other allocations on the Peninsula (not specifically to the District) are $8 million for coastal acquisition in San Mateo County and $8 million for South Bay wetlands . Additionally, block grant and com- petitive funds are allocated for counties, cities, and districts so that all local park and open space programs can benefit. I estimate that MROSD would receive over $700 ,000 in block grant funds . The following bond act bills , which the District is supporting, are being considered by the State Legislature: R-87-107 Page two AB 639 (Killea) - Coastal Resources Conservation Bond Act of 1988; $200 million AB 1794 (Costa) - California Park, Recreational, and Historical Facilities Bond Act of 1988; $425 million AB 1970 (Jones) - California Park and Recreational Facilities Act of 1988; $350 million SB 4 (Presley) - Wildlife and Natural Areas Conservation Act of 1988; $85 million No open-space-related bond act legislation was passed by the Legislature last year. The District worked particularly hard in Sacramento last year to procure passage of SB 1717, which failed passage in the last committee in which it was heard, due to the administration's opposition. Prospects for passage of the current bills are again very poor due to the large number of proposed bond acts for schools , toxic cleanup, prisons, clean water, housing, etc . Nonetheless, if any of the parks and open space bills should pass , the amount of bonds authorized by the Initiative would drop accordingly. There are two big steps left in the Initiative campaign, now that the petitions have been approved for circulation. The first is to obtain about 600, 000 signatures in order to place the measure on the ballot. The second step for the proponents will be to run a successful campaign for passage. Conclusion: Although the Midpeninsula Regional Open Space District has benefited from previous State bond acts , the amount that would accrue to the District from the Initiative is unprecedented. This proposal comes at a time when there are many more purchase opportunities than can be accommodated with regular District funds , including borrowed funds, so the measure deserves your strongest support. x __-RESOLUTION- NO., RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE PROPOSED "CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT" INITIATVE WHEREAS, the Board of Directors ,of the Midpeninsula Regional Open Space District recognizes the importance of preserving wildlife, wetland, park and other open space lands in California for the benefit of current and future generations ; and, WHEREAS, a Statewide coalition of citizen organizations has formed as Californians for Parks and Wildlife to seek qualification and voter approval of the proposed "California Wildlife, Coastal, and Park Land Conservation Bond Act" initiative on the State ballot in 1988 ; and, WHEREAS, the proposed initiative authorizes the State to issue $776 ,000 ,000 in General Obligation Bonds, to provide funding to "protect significant environmental and scenic values of wildlife and plant habitat, riparian and wetland areas , and other open space lands. . . "; and, WHEREAS, these. funds are to be distributed to State and local government agencies , and may be granted to non-profit corpora- tions such as land trusts; and, WHEREAS , every parks agency will receive a per capita share of a $120,000 ,000 grant fund for natural and park land acqui- sitions, and may also apply for discretionary state funds for wetland and wildlife habitat acquisition; and WHEREAS , the Midpeninsula Regional Open Space District in particular will be specifically allocated $9,000 ,000 for additions to Rancho San Antonio, Sierra Azul , El Sereno, Windy Hill , and El Corte de Madera Open Space Preserves and to acquire a new Teague Hill Open j Space Preserve, $1,000 ,000 for connections between District preserves and Castle Rock and Portola State Parks , and block grant funds, NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, that the Board 1 supports the "California Wildlife, Coastal, and Park Land Conserva- tion Bond Act" initiative, and encourages citizen efforts to place 3 this measure before California voters. i t i { l t �I 1 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure, WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT. INITIATIVE STATUTE. This act authorizes a general obligation bond issue of seven hundred seventy-six million dollars ($776,000,000) to provide funds for acquisition, development, rehabilitation, protection, or restoration of park, wildlife, coastal, and natural lands in California including lands supporting unique or endangered plants or animals. Funds from bond sales would be administered primarily by or through California Department of Parks and Recreation, Wildlife Conservation Board, and State Coastal Conservancy with funds made available to other state and local agencies and nonprofit organizations. Contains provisions in event other conservation bond acts are enacted. Summary of estimate of Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Depending upon amount of bonds actually sold, the State would incur interest costs totalling from $324 million to $570 million over the term of the bonds. There would be unknown additional costs to operate facilities and manage lands resulting from bond proceeds. Other marginal costs will result. TO THE HONORABLE SECRETARY OF STATE OF CALIFORNIA: We, the undersigned, registered, qualified voters of California, residents of the above mentioned County (or City and County) hereby propose amendments to the Public Resources Code and the Fish and Game Code,relating to wildlife,coastal and park land conservation, and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law.The proposed statutory amendments read as follows: CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION ACT OF 1988 SECTION 1.Th,s act shall be known and fudy be Cited as the California Wildlife,Coastai and Park Land (b)Three hundred thirty-eight million seven hundred thousand dollars($338,700,000)to the Depart- Conservation Act of 1988 mail of Parks and Recreation for acquisition of park lands,wildlife habitat,coastal,and natural lands in SECTION 2.Division 5 8 (connincricing with Section 5900)is added to the Public Resources Code to California,and for giants to local agencies and nonprofit organizations,including an amount not to exceed read five million eighty thousand five hundred dollars($5,080 500)for state administrative costs,in accordance with the following schedule DIVISION 5.8.CALIFORNIA WILDLIFE,COASTAL,AND PARK LAND CONSERVATION ACT (I)Ninety-eight million six hundred thousand dollars(S98,600,000)to the Department of Parts and Recreation for acquisition of real property in accordance with the follovvm�schedule- CHAPTER 1,GENERAL PROVISIONS (A hid)Twelve den dollars($12,000,000)for acquisition of land for the alifornia Redwood State Parks, includi but not limited to,Big Basin Redwoods,Boland.Calaveras Big Trees,Forest of Nicene Marks, 5900.This division still be known and may be cited as the California Wildlife,Coastal.and Park Land Henley wroods,Humboldt Lagoons.Humboldt Redwoods,Jededom Smith Redwoods,Petiole,Prairie Creek Conservation Act Redwoods,Richardson Grove,and Sinkyone Wilderness State Parks,Bentiow Lake State Recreation Area, 5901.The people of California find and declare all of the following Fort Ross State Historical Park,and Paul M.Bannock State Wayside Campground,provided that each dollar (a)Parks,wddlh�e habitat beaches and open-space lands are vital to maintaining the,quality of life in tip to at least ten million dollars(S-10,000,000)from the funds to be spent pursuant to this subparagraph Caldorni aA`the sta e s population increases,it is of growing importance to Provide parks and recrealloinal shall beforatchedwith an equal annountin nncmeor proper ty from privategifts,city or county appropint ions, opportunities 10 file residents of CaIrmfina or alternative sources other than the State of California. lot Pre se r vd lion of California s unique natural heritage,is no the interest of all Cattioln,ins (B)Five million dollars($5.000,000)for acquisition of land within ancladjacent ooAnza-BorlegoDesert 5902,As used in this division,the following fitorns have the following meanings State Park (a) Conservation casement means an interest in real property is defined in I ection 815 1 of the Civil (C)Nineteen full lion dollars($19,000,000)for acquisition of land,i the Palm Canyon and Andreas Canyon Code region near Palm Springs for a park for the preservation of Indian heritage and of native palms (b) District meansany regional park or open-space ifisl i ict for tried pursuant to At I icle 3(Commencing (D)Seven million dollars($7,000,000)for acquisition of lands in accordance with the general plan for with Section 5500)of Chapter 3 of Division 5 and any recreation and park district formed pursuant to Chapter the China Hills State Park,uncluohn the lands north of Highway 142 omm I 4(c e icing with Section 5780)of Division 5 With respect to any community or unincorporated region (E)Ten million dollars($10,008,000)for acquisition of land for additions to the Santa Insane Mountain which is net included within a regional park or open-space district or a recreation and park district and in Project to preserve historic and scenic sites,for hiking and equestrian trails,or for wildlife habitat and mi- wh;Ch no City lot County provides parks or recreational areas or facilities. 'district Ir also means any other gration routes,provided that all acquisitions shall be located within the Run of the Valley Corridor as defined ties rict which s authorized by statute to operate and manage parks of recreational areas or facilities,employs in Section 33105 5 within the Simi Hills or Santa Susana Mountains in Los Angeles and Venitita Counties a lull-time park and recreation director and offers year-found park and recreation services on lands and (F)Two million dollars $2,000,000)for acquisitions within and adjacent to Big Basin Redwoods State facilities 1 c I lilies owned by the ol and allocates a substant but port ton of its annual operolt ing budget to parks or Park and Castle Rock State�Iarlx in the Santa Cruz Mountains I e creatrit areas or facilities (G)Three million dollars($3,000,000)for acquisition of lands in Saing Clara County within and adjacent Fund beans the California Wildhile,Coastal and Park Land Conservation Fund of 1988 created in to Henry Coe State Park and for lands in Stanislaus County within the park pursuant to Sect ion 5906 (H)One million dollars($1.000,000)for acquisition of natural lands for expansion of Pescadero Marsh ( `Historical resource includes,but is not limited to,any building,structure site areas,or place Natural Preserve at Pescadero State Beach whichd s historical lyor archoologically sign ficani,or is significant in the architectural,engineering,scientific, (1)Twenty-five million dollars($25.000,000)foracquisition of land foran East Bay ShorelmeState Park econorroc,agricultural educational,social,political,military,or cultural annals of California in the Counties of Alameda or Contra Costa,or both,generally in accordance with the East Bay Shoreline (e Historical preservation project means a project designed to preserve an historical resource which feasibilitystudy. raur million dollars($4,000,000)for acquisition of natural lands within and adjacent to MI Diablo is either listed in the National Register of Historic Places or is registered as either a state historical landmark (J) of point of historical interest pursuant to Section 5021 State Park It) Local coastal program means any program created under Section 30108 6, (K)Four million dollars($4,000,000)for implementation of the Frank s Tract State Recreation Area (g) Natural lands means an area of relatively undeveloped land which it)has substantially retained General Plan with first priority given to the western portion,providing secondary wave protection benefits ts characteristics as provided by natureor has been substantially restored,orwhich can befininsibly restored. to adjacent islands. o a near-natural condition,and which has outstanding wildlife,scenic,open-space,or park resources,ora L One million six hundred thousand dollars($1,600.000)for acquisition of wetlands in and adjacent combination thereof,or(2)meets the definition of open-space land in Section 65560 of the Government to the Delta Meadows Project Code (M)Two million dollars($2,000.000)for acquisition of natural lands within and adjacent lo Robert Louis (h) Nonprofit organization means any charitable organization described in Section 501(c)(3)of the Stevenson State Park federal Internal Revenue Code,which has among its primary purposes the conservation and preservation of N)One million dollars($1,000,000)for expansion of Anderson Marsh State Historic Park wetlands or of lands predominately in their natural,scenic,historical,agricultural,forested,or open-space Two million dollars($2,000,000)for expansion of the South Yuba Project along the South Fork of condition the Yuba River to protect scenic vistas and riparian habitat and to provide for recreational trails 'Park means a tract of land with outstanding scenic natural,open-space,or recreational values (2)Fifty-four full lion seven hundred thousand dollars($54,700,000)for acquisition,development,re- set apart to conserve natural,scenic,cultural or ecological resources for present and future generations, habilitation,or restoration of real property in the state park sghorn in accordance with thetollowing schedule and to be used by the public as a place for test,recreation,education.exercise,inspiration,or enjoyment (A)Four seven million hundred thousand dollars($4,7 0,000)for acquisitions of real property inside III Riparian habitat' means lands that contain habitat which grows close to and which depends upon the boundaries of existing projects or units or as additions to existing projects or units soil moisture from a nearby freshwater source (8)Fourteen million dollars($14,000,000 for development,rehabilitation,or restoration of coastal (k) Stewardship" means the development and implementation of major programs for the protection, resources,other than coastal resources in catch an Francisco Bay,in accordance with the following schedule rehabilitation,restoration.and enhancement of the basic natural systems and outstanding scenic features �:)Eight million dollars($8,000,000)within San Diego County through Santa Barbara County of the state park system It does not mean the maintenance or alteration of facilities.developments,or any if Four million dollars($4.000,000)within San Luis Obispo County through the City and County of physical installations whose original purpose was not the p,rdection of natural scenic resources San Francisco (1) Wetlands means lands which maybe covered pei,ucically of permanently with shallow water and (in)Two million dollars($2,000,000)within March County through Del Norte County which include allwale,rnar,hrns,freshwater marshes,open or closed brackish water marshes swamps, (C)Three million dollars($3,000,000)for development.rehabilitation,or restoration of resources in on u Chats,fens,and vernal pools or on San Francisco Bay ""'For me pu.......of the Ila,,Gcoflebil 111,9ation Bond Law, I Stale grant or"state grant moneys (D)Eight million dollars($8,000,000)for development,rehabilitation,or restoration of inland resources means mo mys received by the state from the saleof ends authorized bylaw for the purposes of this division (E)Two million dollars($2,000,000)for development,rehabilitation,or restoration at lakes,reservoirs, which are available for grants to counties,cities,cities and counties,districts.and nonprofit organizations and waterways,includin the State Water Facilities,as defined in paragraphs(1)to(4).inclusive,of sub- division(d)of Section 134 of the Water Code (F)One million dollars(S1 000,000)for the repair of storm damage and construction to prevent future CHAPTER 2.CALIFORNIA WILDLIFE,COASTAL,AND PARK LAND CONSERVATION PROGRAM storm damage (G)Three million dollars($3,000,000)for planning,development,rehabilitation,restoration,or in- 5905.Wildlife.coastal,and park land conservation is in the public interest and is necessary to keep terpretive facilities in support of volunteer community action projects for the state park system. theseland S Job pen-space,natural,and recreational uses,to provide clean air and water,fiffurotecl significant (H)Ten million dollars($10,000.000)for the increased stewardship of the public investment in the environmental and scenic values of wildlife and plant habitat,riparian and wetland areas,and other open- protection of the most critical natural and scenic features of the existing state park System space lands and to provide opportunities for the people of California to enjoy,appreciate,and visit natural (1)Five million dollars($5,000,000)for rehathlitalumand restoration of historical resources ofthe state environments and recreational areas park system It is the intent of the People of California in enacting this division that it be carried out in the most jJD Three million dollars(53,000,000)for development and rehabilitation of trails within the state park exim,dithfus manner possible,and that all state officials implement this division to the fullest extent of their system or connecting units of the state park system. authority (K)One million dollars($1,000,000)for acquisition and development of trallheads for the Sno-Park 5906.The California Wildlife,Coastal. J�and Park Land Conservation Fund of 1988 is hereby created program pursuant to Chapter 1 27(commencing with Section 5091 01)of Division 5,including access tothe 5907.All money deposited in the fund shall be available for expenditure.in accordance with Section I�ahce Rim Trail. 5921 for the,purposes set forth below,in amounts not to exceed the following: (3)One hundred eighty-five million I%hundred thousand dollars($185,400,000)to the Department '(a)One hundred sixty-six million dollars($166,000.000)to the Department of Parks and Recreation for of Parks and Recreation for girangs 1`6 local agencies in accordance with the following schedule giants to counties,cities cities and counties districts,and nonprofit organizations foracquisation.devel- (A)Thirty million dollars($30,000,000)for a grant to San Diego County in accordance with the following opment,rehabilitation or restoration of real property for parks,beaches.wildlife habitat,natural lands, schedule recreation.or preservation of historical resources,including an amount not to exceed two mil lion four hundred D)Ten million dollars(5110,000,000)for acquisition of natural lands in the,San Diegulto FiverValley ninety thousand dollars ($2.490.000)for state administrative costs. in accordance with the following (n)Ten million dollars($10.000,000)for acquisition of natural lands in the Tijuana River Valley. schedule (fit)Ten motion dollars($10,000 000)for acquisition of San Deg County resource conservation areas (1)One hundred twenty million dollars($120,000.000)for grants to counties.cities.and districts on and urban canyons in accordance with the resource element of the Canty General Plan a per capita basis for the acquisition,development,rehabilitation,or restoration of real property for parks. (8)Ten million dollars($10,000.000)for a grant to the City of Laguna Beach foracquislion of,and for beaches,wildlife habitat.natural lands,and recreation,except that each county is entitled to not less than grants If the city tononprofituprofit organizations for acquisition of,natural lands within and contiguous to the one hundred thousand dollars($1100,000) Laguna Greenbelt as described in the Orange County General Plan (2)Twenty million dollars($20 000,000)for expenditure by the Department at Parks and Recreation (C)Four million dollars($4,000,000)for a grant to the City of Irvine for acquisition of natural lands in for the purpose of the Roberti-Z berg-Harris Urban Open Space and Recreation Program Act(Chapter 3.2 the open space spine designated in the City of Irvine General Plan (commending with Section 5620)of Division 5 of the Public BiLsources Code). (D)Eleven million dollars($11,000 000)for a grant to the City of Riverside in accordance with the (3)Ten million dollars(S10,000.000)for competitive grimitsFor park,beach,and recreational purposes tollowm8 schedule I I to public agencies which provide significant park and recreational opportunities to the general public and are (i) ne million dollars($1,000.000)for acquisition of natural lainds in Sycamore Canyon Wilderness JI not eligible for giants pursuant to paragraph(1) Park in accordance with the city of Riverside Specific Plan (4)Eleven million dollars($11,000,000)for competitive grants to public agencies and nonprofit or- '(if)Ten million dollars($10.000.000)for acquisil ion of land in and near the California Citrus State Historic gamood ions for acquisition development,rehabilitation,or restoration of historical or archeological resou Ices Park located in the Arlington Heights area of Riverside. and for historical and archeological resources preservation projects and costs of planning and interpretation I (E)Two million four hundred thousand dollars($2,400,000)for a grant to the County of Riverside in Not less than one million dollars($1,000,000)shall be used for archeological resources preservation accordance with the following schedule purposes !)Four hundred thousand dollars($400,000)for acquisition of land to expand Harkey Creek Park l(5)Five million dollars($5,000,000)for competitive grants to public agencies and nonprofit or it)One million dollars($1.000,000)for acquisition of land for trails in the Santa Ana River Corridor zattons for acquisition and development of land and rights-of-way for bicycle,horse,hiking,and handicapped �nu)One million dollars($1 r0001000)for acquisition of land for trails suitable for equestrian and hiking access trails uses in Riverside County,including the Temescal Canyon Trail INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure. WILDLIFE, COASTAL AND PARK LAND CONSERVATION BOND ACT. INITIATIVE STATUTE. This act authorizes a general obligation bond issue of seven hundred seventy-six million dollars ($776,000,000)to provide funds for acquisition, development, rehabilitation, protection, or restoration of park, wildlife, coastal, and natural lands in California including lands supporting unique or endangered plants or animals. Funds from bond sales would be administered primarily by or through California Department of Parks and Recreation, Wildlife Conservation Board, and State Coastal Conservancy with funds made available to other state and local agencies and nonprofit organizations. Contains provisions in event other conservation bond acts are enacted. Summary of estimate of Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Depending upon amount of bonds actually sold, the State would incur interest costs totalling from $324 million to $570 million over the term of the bonds. There would be unknown additional costs to operate facilities and manage lands resulting from bond proceeds. Other marginal costs will result. CIRCULATOR: See instructions on back. THIS COLUMN SIGNER: Please fill in all information by hand in ink. Use only ball point pens. FOR OFFICIAL No ditto marks. No abbreviations. No P.O.boxes. USE ONLY All Fs�igners of this petition must be registered in County. SIGNATURE AS REGISTERED RESIDENCE ADDRESS R PRINT YOUR NAME CITY ZIP E 2 GSIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP 3 S TSIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP E 4 SIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP E 5 DSIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP V 6 SIGNATURE AS REGISTERED RESIDENCE ADDRESS 0 PRINT YOUR NAME CITY ZIP T 7 ESIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP 8 SSIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP 0 SIGNATURE AS REGISTERED RESIDENCE ADDRESS NPRINT YOUR NAME CITY ZIP L 10 ySIGNATURE AS REGISTERED RESIDENCE ADDRESS PRINT YOUR NAME CITY ZIP CIRCULATOR:All ten signature spaces do not need to be completed for this petition to be valid. DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained.) I am registered to vote in the County (or City and County) of Each of the signatures to this petition was signed in my presence. Each signature of this petition is, to the best of my knowledge and belief, the genuine signature of the person whose name it purports to be. All signatures to this document were obtained between and I declare under penalty of perjury under the laws of the month,day.year month,day,year State of California that the foregoing is true and correct. Executed at CA on - 1987. Signature of Circulator Date Print Name Residence Address City Zip_,- Please send me more petitions. Credit to: L Ali applicants for a grant pursuant to paragraph 1310 SuendnOSCAn for and pursuant bit S.ns lot d,I of Seclr.n 5907 coat 5938.The people f( forn a hereby told and deda,e thatinasmuch',th p Oo d' the le OI bands authorized by furs division are SuDm to dppi cat chin,the,ad '.Icing age cyf r so APp oval Eachapo Gai.on shah "Ind", I gtheagreementsspec i ed noe,AccraI, not p....us of toze5 s rem Term B used I Art to Xur B Of the Can(o,n e Const l........ i(..the d;sborsemeet Of des,oloceeds s not sooner l0 I,l ai d'.21.I Ili s'ub-0 son the........ t tati0o mpnseA Jy oral art cl, Th gee ,ra 5p c I d s ag Anne, tt d 121 of su59 Shall not p P i C anster cy p roved y a q Trio deceidped rehab t t i 0 rest. d h i 7.11QIln pursuant I Section 5907 1 h applicant to pub c g..y provided c - d sdY public SEC-3,Cnapt,r 5 c-non Gng write Section 2700),5 added to Drv,S,on 3 Of the F,yh and Game Code t.,dab agenty Assumes The obligations TO ihosQ agreements ToI h the use of the property acqu ,d through grants pursuant to this division s Changed to one Inner!canits not Qd under The Category CHAPTER 7.5.WILDLIFE AND NATURAL AREAS CONSERVATION PROGRAM from wn ch the funds were appr.pt ah n 01 the Property Is sold or dide. se disposed of an amount equal to III,(t I amount of me grant.i2) Article 1.General Provisions the fair market value of the real property.or(3)the proceeds from the Lcoll's Thereof.acquired developed.rehabihlated.or restored with The grant shrill be used by the grantee.subletl to on drvls,On(al for a purpose authorized in that Category or Shall be reimbursed tone fund and be 2700.This chapter shall be known and may be cited as the Wildlife and Natural Areas Conserrat,on Act f avalahje tot approplrat,he only to,A Use aalm-nd in That' 2701.sal the fundamental requn,menf ibr heailn It The Controls Ad,d or.Itler Wise disposed Of,$ITS,Phan the P.niire interest in the property a,Igmdlly acquired developed.rehabilitated.01 y.vigorous poPUlatmns of fish and el iS habitat Without adequate habitat.efforts 10 c.ns,rvI and manage fish and wildlife resources will have limited success.Further.Cakf nford contains The greatest dlversdri of Wdtlide and plant restored Will the grann .an amount equal ib the proceeds Or ine fall market veto,of the prop,r!y,nt,lest sold or otherwise disposed Of.whchever are ITS OI virfilally any State in the ndhOYl This rich national heritage enables Cart.IRIAI$t0 CniOy a great Vat Y,Qty bl rQCr¢a1,Onal.d,stheht. I rs greater.snag!be used by the grantee.5u an 0 to w,a us,bn h of This that cat for a purpose OuthClient in Thai GdiP.giJry or shall be oe,rnbursed etoiogrcat and other use,and benefits-of these buffir cal resources.The public buthSt,S served.cry by ensuring that these resources are 10 the fund and be availablQ tar appropriation only for a use aUtnbrit,tl m that calfgdry 5920.IA)All real pr.peli preserved.protected.and propagated for this and future generations y arqu,r,tl Uursuanl to ihi5 division shall be acquired m compliance wain Chapter i6(,commenc,nq with Section of Many of Cdhfom,a-5 w lchfin,fish.and plant species and bur logical tommumT,es are found nowhere else.n earth Without adequate 7260)of Division 7 Of Title I Of the Government Code Tne administering agency shall prescribe procedures sufficient to assure compliance by protection and management.rare native species and commumties could easily beCOme exi,nct In such an event.the benefits they provide Ib Ili, IOcdl public dg,nc,tls aFld nOnp[dhl bigamtAtrOnS which receive funds under Section 5407 pe0pl,of California.whether presentlyrealized.r which,Qdta,n 10 b,discovered W,II be iosl Itlrev,r.and Cdhinrn,a Wfil O,al f C tl pOOfe[ tDI FO+ine RorPCsP.S Ol id is F,risrbri acglliscommaymc'IudegiHS.purchases.leases.eacemenls the exercise of eminent domain dQXpressly grill an y anumfund the Transfer or exchange of property for other property Of like,stub Iranst...Of delfaturnant right,Or credits.and purchases Of as a result development right,and other let....is (cl The p,opi¢of California have v,siad,n Inc Department of Fish and Game tire,pnnc,pal responsibility 10r protecting.conserv,ny.and (C)Ad grants.gifts.tlesusle.1 beques,sto ine state.contlrhonai or uncahhlhrutifr,Cox .nserval,On.,ec,eahonat Agnculhnal Or Perpetuating native fish plants and Widit,,ncjutlmgendangeredspec,e..sandgameanimais.forihe,tandideic.Intrinsic.ecological.educational. other purposes inn we To real Property had,be acquired or developed pursuant to this it rich and economic values To help accomplish this goal.the people of California have furl her established a srgniti-I natural areas program and a y may be gifts devices and received is ,,,pu of n, natural drvers,ty Fold base o the Department of Fish and Game.which is charged with maintaining and perpetuaimg California s moat significant state by tole appropriate a Lang'menfal l shelter.,In Inc approval of the Director of Finance Tne grants gills.Revises.o[oQque51,arT ova+jabl,. natural areas for any"oT and future generations To ensure the perpetuation of areas cdnfainuig uncommon elements of natural dwersity and to Whin app[pprutetl by the Legislature.for expenditure lOi the palposns sp,c,li,tl rn Section 5907 Tonsure ine COnllnuetl abuntldnC,dF habitat for more c.mmgn 5peClf9.fspecu)Iy,xdmplesoi Nos,which are presently threatened with tlestrutlrOn. 5921.(a)With respect Id Section 5907.ail appropriations for the Purposes of subdmsron let.paragraph(2)of subdivision lot.paragraph the purchase Ot land atoften necessary 11 (il of subdivision(di.and paragraphs(i1.12)(3).And(4)Ofshodoo,bnI,)for ine program Shall be Included in a section Of The Budget BIT for (tlIndis eindoaeolth,S Cnapler is to provide lire Wildlife Conservation Board and the Department bl fish and Game the financial the 1989 90 fiScAl yea,and earh succ,ed rig l scal year for cons deratran by the Leg SiaWre and shali bear the capl,on Cdhimn a W ids fe.Coastal a,("O cc Accordingly Me pultare .1 this re,son w,mhfe habitat and m the 5 owner ation o r areas hest Irt tar the and Park Land Conservat On Program The section Shall contain separate items bf each project.each Class Of project.or each element at the natural I Idlethrough he I h a program gnat pmsenatie r Of Calif.,S. program fo+which an apDrODnatipn,s made diversity 9 ogram of acqulssom enhancement.restoration.and protect ion of areas Thatafemoslin need of proper conservation. tbi Ater approprlar,Ons sureafedinsubdrvrsmnfa)are subject l0 alllimitations enacted in the Budget Act and r0 ail fiscal procedures Prescribed 2702.As used m tins chapter.the following terms have ine following meanings by law with respect to the ezpendrture at Slate funds unless ex0ressl In ACgWsri+bn means Ili,acquiring of any rniered'n real property y exempted from those laws by a statute enacted by the Legislature Tne ib!'Fund means the WAdIde and Natural Areas Conservation Folio created pursuant in Secton 2720 Budget ACT Stroh contain proposed appiopnaiwnS Doty for the program elements and classes of proleClS contemplated by inis d+as+On.and ire TO is rare means a worldwide rarity m which any species or natural community occurs rn 50 or fewer locations.irrespective of whether Funds derived From the bonds authorited by law for the purposes of this division may be expended pursuant TO an aimmidlanOn not contained 11 the species or any species in the community is tested as Threatened or endangered 0,was previously listed as,are these.cleanfoods of a Budget ACT (0)'Natural community"means a distinct.identrliaDte,and recurring aSsoCialion of plants and animals that are e,0loq,caliy+nterrelated. (C)All funds not described Tn subd,vision lal are appropriated directly to the slate or local agency which i5 lu administer them These funds (a] Species means fire fundamental biological unit of lent and animal Classification that Comprises a subdivision of d are not subject to aidema ninon Dy the Legislature except as provided in Section 5922 gi D genus.but for the 5922.With respect la Section 5907.it money ajbcated pursuant to paragraphs(1)and(3)of sublonsmn ID)hazard to,subparagraph(AI purposes of this chapter."spec€as also includes the and old subspecies of paragraph(1)of subdlvis,Cn ohl subdivision(t)[except for paragraph(i)f.paragraphs(7).131.141.t51.and(61 If suidonsa n(d).and Article 2,Habitat Conservation Pro9dgR paragraphs(1)and IS of sir ugh"S on(e)-is not expended prior to July 1.1998.the agency to which ine hinds are originally allocated shah submit to the Legislature a plan for expenditure of the funds m accordance with the purposes of this tlwision.,thin a county in which the funds were 2726,Moneys available lot the purposes of this chapter pursuant to Chapter 4(Commencing with Section 5930)of DIa 5.P 5.8 of the Public .,greatly authorited to be expended.and the Legislature may approve the plan by statute.passed In each house by a Two-thirds rote If the Resources Code Shari be deposited m the Wildlife and Natural Areas Conservation Fund.which is hereby created.Money deposited in the fund reallocated funds are not expended.'thin 10 visa,$after the effective date Of that Statute.the Legislature may.by statute.passed In each house shall be evadable for appropriation by Vffe Legislature id me Wiid1, Gonservali0n Board.for expenditure pursuant to the WilAlite Conservation by a two-thirds vole real locate the fund5lo the Department of Parks and R,,,.t,on for expend;,,,,"m,he area of me state with the great,,,need Law Of 1947.for the fappropriwln programs. consistent with with me purposes.1 this d,vrsfon La)Forty-one mAlion dollars(Sit 000.000)for the preservation Of highly rare examples of the States natural diversity through the Acquisition Paris if Some or ai 1.1 the funds allocated pursuant to subparagraph{E)of paragraph(i I of,.1monnim ID)of Section 5907 a,P,Ibi expended enhancement,resmraimr.or protection.or a todabrnahOn Vincent.of lands Supporting Cahmania s unique.fragile.threatened,or endangered by The Daparimenl of Parks drld Recreation by July 1 1993.The remaining,,hds shall be allocated 10 the Santa Monica Mountains Conservancy plants.animals.and natural communities. to,the purposes.1 that subparagraph The Legislature may at any IT allocate all of a portion of these hinds to the Santa Monica Mountains Had Six minion dollars OSS 000.000)for the aCgin5ih don.enhancement.re5iralmn,or protection or a combination thereof.Of critical habitat Conservancy far the Purposes(or which The funds Were,originally allocated. areas for fish.game mammals,and game birds in. cluding,but not limited to.the following types. 5924.Ia1 Any lands acquired pursuant to subparagraph GI of paragraph i i I of subdivision(bi of Section 5907 or pursuant to other sections (1)Winter Into ranges Of this act for acqu,sd+nn 01 other lands of the Agua Calrente Indian Berlin vat„on shall be subiect to this secs ion Alffo that acquisition.Ili,state (2)Wild trout or SleEmeatl nursery and spawning areas. j, ,hail convey Title(0 ail those lands To the.Unifind States in trust far the Ague Cahente Hand of CAnd+l{a Indians as par,of the Agua Cad,nle intlun (3)Significant routes of migration Ibr wildlife. Reservation on the ofndtions that I t 1 the lands be administered by the Aqua Cahente Band of Oftel lA Indians as additions to The existing hotel (41 Breeding.nesting.and forage areas for Sage grouse and other upfand game birds reserves established by S'clron dirt of the act of September 21.1959(73 Slat 603.P L 86-339).(21 the lands be open to the pool,subiect For purposes of this subdivision.-enhancement"includeS the construction Or development of Idurfo a for furnishing public access to lands to reasonable oglareI,On,such almost,pres,nhy,neffect for The abOW.existing tribal reserves.and i3)the lands be used for prolerno of Wildide Or waters open to The public for fishing.hunting.in,hommg habitat and other resources.preservation at open space.recreation.conservation of Ine native palms and other plants and animals native to the (C)Three million tldilar5($3.000.000)far the acquisition.enhancement.resrorandur ni p,oleCtAch M any combination thereof.of lands area.and the preservation,,,place or respectful public display.At the option of the All Cahente,Hand of Carinthia Indians.of the arcpe0log,Cal pomading habitat for threatened endangered,or fully protected softies such as the bald eagle.San Joaquin kit fox desert torroad bighorn and cultural resources of the lands sheep.peregrine falcon.and California condor Fishing r,oal reserve lands shall not be acquired-and acquisition within the reservation,ball be limited to the s0ulharrty three fourths of 2721.Fonds available pursuant in subdiasmn(a)of Section 2720 shall be expended to acquire.enhance.raster,.orprotectlands In California Sepwn 2 and Secto is 3.11.12.14 16.22.26.29.34.and 36 of Township 5 soutb.range 4 east San Bernardino base and meridian.unless on wmcn any 01 the following naturally exists. Oreard rSo approved by the Agua Cahente Indian 8,$Q,Vali.n Tribal Counted No aGq""'in within the boundaries of the Agua Cairenle Indian (at A unique species or natural community,whose existence at a single location In California is IN Thriy,known occurrence In the world of Res.varon shall be made without the approval of the Aqua Cairenle Band of Cahuila Indians Tribal Council that particular species or natural community. (or Land,anothed Innocent fo flaragrdOn I51 OF SUbtl,a11.1(al Of S"Ohm 59,7 Shall n01 be acquired through The one,.1 Cm,11101 domain ibi A speC€e51ha1 aCCUl5 m only 2O Or f,".Rr kOCdtrOns,n the WOtki.at IQ3S7 rid,01 WnICh,S rn California (c)Reasonable public access to areas acquired in fee with funds made avalld, Du r,u Trl 1,This d,,,,,On shall be provided extepl wnef,1111 Lei A natural Community that occurs In Only 50 or fewer locations To the world-student One of which rs in California. access may in effete with habitat protection (it)An assemblage of three or mom highly rare spades or natural communities-or any combination thereof-of which at least one of the 5925.Arch respect Tb luaus Allocated pursuant to subparagraph IU at paragraph I31 01 subdhol do III of Sol,,.5907..I I,TO not passible species or natural communities a found only in 20 or fewer loeatrons in the world. to acquire Inc eni,r,Poganip p,operty the funds shall be distributed to ine On hey listed in the priority established In Subparagraph IL)of 2722,(a)Whenever the application of the criteria specified in Section 2721 results in the glabliicetme of two or more parceisof land that Congo 13)Of sundoodem To)of Section 5907 to,the acquisition of porlrons of the Pogonip property and Tne,balance-A any.lot other greenhell a,a e55enhaity ilWlstrnguishabin as to Their quality,preference shall be given to The parcel an which exists the species that is more threatened or faced Ihoped in the city Of Santa Cruz and the County of Santa CfUX as definad nr the 1979 City Of Santa Cruz Gil nbelt Ordinance if any of these more endangered. entities lads to accomplish the acqu,s thin of all or porlrons of the Poponrp property by January 1-1991-the Department of Parks and Recreation 1D}Whenever the apphCatron.1 the criteri8 speGlled In Section 2721 results in this identlirWtibn Of two or more parc,iS Of tend that are Shall acquire ail or a portion of the Ponmp property as an solution to Henry Cowell Redwoods State Park Acquisition shall be deemed Tu have essf(b)W enev r the cable as to then a,Utl the degree occurred,1 a binding contract,entered mid un dr before January 1.1991.notwithstanding the Nor that a transfer of Idle shalt Occur subsequent given to the quality an of threat to or eounngerment al.the species existing on them-preference shall be to that date. parcel on whfth exists me best example of the actions As used an this subdivision.'bosl example-means the parcel of land and the 5926.None Cliffs lurid,aliototed pursuant to subparagraph IGI of paragraph(3)of sub onesen ID)of Section 5907 for acquo'hon of land Wildlife Inhaboneg it which.in balancing all the laCtors present,represents.as determmed by the board,the stronger combination of all of the for the Baldwin Hi!Is State Recreation Area or paragraph(11 of Sober,G,on(d)of Section 5907 for expal-C of Boise Cm C3 linear Park shall be :00owing.the better condition,higher quality,easier defensiDdity greater likelihood of long term suability.and the lassar costs 1.be recurred by the department in operating and maintaining The parcel. used 1.acquire ,be land,(rpm which Orl or gas,5 1 Afraipresently being giant,10 ai to Or from which l o Or gas,S ckohn p Of being Ca,raci,d 1723.(at Of the Iota)amount available pursuant t0 s ladhosron tal Of Section 2720.not more Than five million dollars($5.000.000)ma he 5927.The recoquarntati0n I(tr Or or ana ddiion io a gram o,ono id grant funncaly to the agency under one agency our,paragraph.a subparagraph r 5 in ,ntuofbered for any Single acqu.,tion protect In enacting this limitation.the people of California recognize Out mere area number of dome(anl 590Jsrgaglo nor pretlSecfie�on 5907 or procddri3Onai el.ca2ondfheF.hAdGameCelocalagencq pursuant to another subd+visrmn.paragraph del lS meeting the criteria t is chapter but Whnseacqulbibon cost would most likely exceed this limitation.Therefdfe.,nthAab,eStane,san I or su5928.(tf of s ACaOn le pursuant or pursuant 1.Section T720 dl the Fish and Game Code Y 5928.fat Funds availaDi,pursuanf to paragrapn(5l of subdivision Let of Section 5407 shah be us,tl sniery for Monterey County shcpuls,tinn. acpmsihon cost In excess of inis hm,lahon maybe and byadonation by the owner.donations of funds from private sources.or graft funds from as specified,,,subtlrvis,on(bl of Set(ron 5920.of critical--hod properties aided the Big Su,Coast and shalt be expended,,strict compliance state or Tom late sources with the policies of the 1988 Bond Act Account.which wan eslablehed by resolution by the County of Monle„y ou March 17.1987 The policies (b)The qualification for Or allocation of a grant or grants t0 a Incar Agency under Section 2720 Snail not prelude eligibility for an additional of the 1988 Bond ACT Accnunt shall nor be modified or amended Monterey County shall make an annual report to the Director of she or,ine ailntatfon of grant funds to the same local agency pursuant to Section 7720 of this Cade or Section 5907 of the Public Resources Coda tlisbU,s,m,"nl dl IneSe luntls ThQ O,reCtOf or Finance.Shall dSSUYe inAi Ili,County of Monterey expend,the IUnd,in About dance,W„n ihi5 division 2724.(a)in Choosing among i Wn Of than,pdrt,is 01 Lantl t0 be acquifed.enhdnCed,f,Sfar ed.0r protected With funds available pursuant to IF)All i c acquired with These fiends Shall YQnrd,n As natural ands,n In,,,present State,n perpetuity and Shari not be developed in arty subdivision(b)Or(C)01 Section 2720.preference shall be given to acquiring-enhancing.t,s{.,,dg.Of protecting The parcel that will result In the leas,cost to the tlepartmenl For operating and maintaining the land mane,by any person 0r cut,Ty.public or private IT r"iai,To subdivision shall not apply to CAhlo nra Department of Transportation protects (p)Funds avairatrie pursuant 1.spbdvfswns(b)a.tl ic7 ai Section 27T.0 may b,encumbemA Dirt for lands wmcn constitute habitat that,s which are essential(o mam(a,n Highway One m,is rolehng use as a rural.two lane Scenic Highway Y Y Pri r e h n Il n Thar i ,titl tar, submet ed land,.swan o v,111.-dlantls. subject(,),Foods drasticmodifiCattpn,or significant cu rtaliment of no Or tat values. 6e,w fat o to recomrc,endi gt in, n ads Thal are an 0r neat ,, its g n ro 1725.No funds available gran q Cv.any slate or local agency o+non ohl a ens pursuant to this chapter shall be ancumberetl for any lairds that.due to Iheu Regraded character.writ not sustain bt other wend,. whether o!not iSha rands nave been Intl sh lust is i n an pubic a e_n g Y fs og Y plants 0t wridide Or ei not afford protection to A natural Community on a long-term basis rece,ang funds ueda+this tlmmis shah submit o Three Stale Lands Commission any proposalthe proposed for inis acquisitioninsitn of those lands pursuant to inis 2726,With respect to an lands which may Protected P dras,.n The Slate Lands Commission shall wuhin Ihre,months of submittal review the proposed dCVu,S,tion.make a dP.t,rm,nanon a5 t0'he Y y be dCqu,r,d.¢nndnCed.reSfOretl.or OtQCtetl with funds under This chapter and.filch Gould ,hate,woo rig 0,polaetiai interest in the land, Arid,,PC,!III finding,to the entity making the Submittal add t0 the Department OI General also bT ehgrble for tends Under Chapter 7(Commencing With Section 2600).lunds uncle[m,5 chapter shall not he encumbered for Those lands untll It is determined by the Wildhfe Conservation Board that funds are not likely to be available for those lands Under that Chapter 7 Services. 2727.No funds avadabje for appropriation under this chapter may be encumbered to,any poi Co)No wetlands m norhan hab,lal acquired pU13UAm to paragraph(71 of subdons,0n(or of Section 5907 shall be used as A dmtlg,spud area Game Code- P.se described in SeCtfon 1353 of fop FrSn and .r shalt be Subject to reveorml which damages The quality of the habitat lot whim The property was acquired To NO provision of it,,division strati be construed As auth.rltrng The condemnation of state lands 2728.An annual amount.not to exceed three determined in each do0 14350.O to may be appropt,aretl from the Lund in fhr,t9f 89 or through 1998-99 fiscal years.or an amount to be tleterminetl,n QaCh annual ap0,bpriahon.to fire Wildlife Conservator Board too expenddu[e lOr CHAPTER 4.FISCAL PROVISIONS costs incurred by the boafil and the department in administering this chapter.mchrding-but not lImuld to.prnacgOo5ih0e studies.planning. apprd„ajs.surveys.and losing costs The Wildlife Conservation Board and the department may augment.as needed.any amount thus apprn fouled with any funds appropriated to it from any other source 5930(a)(1)Bonds,,the Total amour,of seven hundred 5eveniy,,x mrh,on dollar,ls776.000 000).01 sn much thereof as is necessary 2729.sal For the fenp...al admonaborng this chapter,Ilia WTldhle Conservation Board and the Department of Fish and Game shall augment I,D be ,ssued and.sold to be used to+cat„VIn9 but Ine purposes expressed I,,inis ifis sum and m Chapter 7 5(Commencing whit Section 2700r ragoolm,911.lf.Wneing-PO55rble.by cnnlfactrn forthaSe Serv,(:,,,tec,55ar lo,theadm,nlstrat,onofthistha ter An Onheenhall.IdWeve,, at D,v s o 3 0f it,' Fan and Game Coded t,be used Tt ouburse theGeneral Colophon Bond Expense Revolving FundSections g y p i•c g p mJ pursuant to Section be entered into only pursuant to Sect ens 19r30 to 19132.ch her, the as ens them Code and snail beatify for[his minimum period necessary deposited bell' oT.he C rn e Code Asir di C.pan, .. -hundred Twenty o 198har8 in, t Mars n...Of Ili s d,,0l the hand pr.not.shah Coned for tdmpl,i on Of the Rart cuter Project Of proleas for which IhQ tontraCi was entered into tlepO,i d the C'hfdrnia Wildlife.Coastal.and Park Lad be'ee on,ed Fund of i988 for the purposes 0'Inns A,v+s,Oc.and a sum.not to exceed (b)Due to the 1 m ted dumi duration of the program authorized by This chapter.In the event some services cannot be pruvinfd by conhaci.any y m h on d.hars($$0.000.000)0l bond proceeds sh-I be tlepositeU n Inc Wildlife and Natural Areas COnSE,vatiI,,Fund f0 to purposes of p,rsonn,i Airectiy red by itw Wilniit,Con on Board fur the atlmin,straTlOn of this chapter char be cored.i0 the extern permitted by Artrtle the Wildlife fe and Natural Areas Cansery 1 on Program ICnapier 7 5(C.mmenc rig w in Section 2700I nl D v Division 3 0I the F sir and Came Coder 2(cmnmenting w{n Section 19080)of Chapter 6 of Pall 2 0f D v rum 5 of Title 2 of the Government Code as limited m T,d farm apPomtments The bands Shall whin sold be and Cons tote a valid and bnd1ng nbi,gatron of The Sets Of Galdo n a.and the full farm and credit of the Stale of $EC.4. d I Inc people,of California applUVQ a bond dC(.other than this aCi.at,Ilh,t that Direct Pflmdty E1,cCion on June 7.1988 Of the Cal,to nu is hercoy pledged Ion ine punch al payment nl hot,n iclpal and nteresl as tneY oecorne due and payable General Election on November 8.1988 which includes at least one hundred s,xry five mull on dollars($165.000.000)for the purposes specified 5dhor The.bonds dui h.r red by this d v S+or snail b p p tl CxecUi,tl SSUed SOTo.pad and redeemed its provided i.,CIA General subd Vis,On Or)Of Control 5907 of the Pubic Rose ice,Cade.aS phoObn oy this act,.ubd vi,,.n(a)Of".O,.1 5907 of the Pubb,ReSou,,eS Dbligati.nB.no law(CnApter 4.Conlmencngwth SectT 16720101 Pan 3o(Dv son 4 of This 20 the Government Cod and al.pnovrouns, Code.as propoSetlby In,,act.shah not becomeoperative That,ubtivsdn snap pherw,se bacOmeoparahve.n Nm,mbef9.1988 The Legislature of That law shall apply to the bonds and are hereby Ioco,p 't once an o v s on as though,Of torch r,full in this A v S on may appropriate Inods Pursuant to,ubtl v,On(A)If Sec,-on 5907 n the Budgel ACT for the,i988'89(Sail yea[t those p-drions become 5932,I Solely i (h tr YP05e br th -zing The d 5 e.p T t,ine Scale General Obi gat n B Bond L' Of the builds Operat,v, authorized by,his d,vi. Th California W idl n,Coast a d Park Land Co se r o Program of 1988 f e Committee he eby created Ibr h the people of Caldorus approve a bond act.other than this act.at point the Count Primary Election on June 7.1988.or the General For pu p.s s ul in is divisionthe Can for a Wildlife Coat..l d P tk La,d Conservat on Program of 7988 F a ce Comnr Tted he c.rim lice "count To November 8.1988.which Includes at least fifty five n Ilion dollars TS55 000.0001 for the purposes Spec red in pandrappn(2)of as Thal fe s 1 n he State Genera Old ta(rbn 8b d a Tit a ur,lee shall co,.s,l of,he C.ntrOi Ili,D,elo f F nonce.and in¢ subdivision Or of Section 5907.1 inis Public Resources Cotle.az plopO„tl by this act.paragraph i2)of subtln,sron Ib)of Sec I 5907 of this Treats' r Inc r designated representatives TIrT Treasurer h _e ,as Cna rp,rson aT tor,committee A mAlorrty dl,h,c.mm tie,may Act Public Resources Code,as proposed by In a et shaf of become operative That paragraph shall otherwse become operative on November 9. In,tie 'lee 1988 Tne Leg shame may,Appropriate to its pursue,,Co paragraph(2)of subtl v s on Ib)of Section 5907,n the Budget ACT to,Ili,1988.89 fiscal fhf F purposes f this d S n d Chapter 7 5(,, p w Ili Section 2700)of Coolant 3 of the Fish and Gam Cc d d the State d those Oreuls ens 6Qcome opera)v, General Obi gal on Bond L in W id:fe Co Sc '.ion R.'d.h Departmenr of Parks and RecreaT on th,D,parim,di of W to R S s fire (c)li The people.f Cal tarn a approve a band act,ether than this act.at either tnT Direct Primary Elect nn on June.'.19$8.m in,General Depai. fF.Forest, ,Law the Dort ofFshand Gam, n,SA to Mon,cat Mountans Con se+vancy or ine State Coastal Coservancy dependrnq I.,,no on November S.1988. rich ndudes at least thirty an10,dollars($30.000.000)Pot the purposes specified in paragraph l 1 l.l5ubdyesmn .n wh TO agency has tit ct sire by des g.al,d the b id Itli of Section 5907 of the Public Resources Code.as proposed by this act.pars d fl{t I Of subdiv s mf Iai of S,dLon 5907 ni it e PuDi C fle5durce 5933.Tn. mit'ee strati d.i,rrne hth,urn, ,cessary d. AaiQ ro.s. Ands authorized pursuant tO t..stl s .i order COtlQ.its RroD.sed Dy[h sacs.Shall not becmneoperat+ve ThoupagUnu llealiotoll adiethheopera,veeNovember9.1988 ThoLegtuatrue In carry CUT The actOn.spe Fad I Section 5907 AT!his cod,And Sent o12720 of me Fish ant)GA.,,Cetls.and it,.In cmialonndsto mayappr.praterundspu,suanttbparag,aph(l).fsubdvts.n(d)ot$ecton5907,ntn,Budgel Actlorine1988-89hscalyeardtnoeep,ov,srnns ire of I' d 5 J So.....e 55 e of bO d' ay O,a n red old,Old to carry out Those ACI ens Purp oSchody.and t S.of necessary that become Opera{ t, I A', of ine b d a.thoi d 10 b ' .d b.sold I y o,t (it)It the people of Cal torn a approve A band act.Other Iran lni5 act.at either the Direct Pr many Eletl o f On June 7.1988.Or this General 5934.The .half oji ,d'. any h e a dot ine. ,Tmeasohn,slale,estrun-tollound inadd,lollotheotdnaly Elecllonde Nov,mbe,B.1988.ey on milides at least hourly mil On dollars i$30.000.000)for the purposes sprodedn paragraph(4)dishodiv,'in riven es of the slate loonod 1q,00d 10 pay th,to YC pal Of.andshoeSlon.the bonds each yQa fi II:s the duty of ai ATO'fs (a)of Section 5907 of the Public Resources Code A5 pri,psedd by this act.paragraph(4)of 5ubd v,OY...f Sethon 5907 0f the Pubfic Re5(YutcQs charged by i' to any duty regard to the foluCller of the revenue to On And perform each and why C wnch s nne-v to,sch"r TOO Code.asptoposedoythiSact shah nor become operative.That paragraph shall otherwise become operative on Novembe9.1988 Th¢LeasNITUre Additional. rosy Approprate funds pursuant to Daragtaph(4)or subdivision let of Section 5907rn the Budget ACT(nt lire 1988-89 fiscal veerr Those provisions $935.N t 'I'sid d qS t 13340 rineC ver ,.,Cod her,. h eby apRepl.3led Top,,the Genera food iO r,Ou nc :or;fits for p.a vat niv,5m.. a . t that ii equal the total of fiefollowing le)II the people.1 California approve A bond act.other Than this ACT.A,In the,the Coro Pr mazy Elect In,on June 7,1988.or m,General il)ThQ fly Ssaryte pay inep.nclpal.t. d iTresioi.bondS,55UQtl rind s'oltl Vursuarl TOihsdvs On asthe pr ire pal and A,,,tr.nan November 8.1988.which includes at least fifty'ndthe dollars SSO 000.000)to,the purposes specified in Chapter 7.5(Commenc,ng inlere,.(been e due and payahie win Spelion 2700)at Division 3 of the Fish and Game Code as proposed by this act.Chapter 7 5(Commencing.,in Shon in 2700)of D v,sron (2)The seen which s necessary IO carry.it the pros s ens of Section 5936 appropriated without regard to tsoll yours 3 of the Fish aotl Game Code.aproposed by this act.shall not become operative Thai chapter Shan otherwise become operative art November 5935.F the purposes of carrying 1 Tolls Olv,sron and Chapter 7 5(cbmelf rig.it,Section 27001 of Onolum 3 0l ine Fish and Garne 9,1988 The LeA slaTure may appropriate funds pursuant to Chaoter 7 51COmmenc,no,,in So nnn 9700,of man nn t of,In Fr ,he Firm,gonna Coca --. a.ni or arnduel5 id,Id Cxc,o In,.am.unt.i,n,.n,o.O In the Budget Act for the 1988 89 hear"a,it those provisions become operative bonds which have been authorized to b, old fit ine propose Of calryrng du,those poyi,an 5 Any amounts ex mtl,awn,hall be deposited n in, SEC.5.It any provision Of this act or the soDficdhmt Thereof IS held ovand.that+nvardily Shall not affect other provisions,it sppircatibes Cal torn a Wildlife Coastal.and Park Land Conservation Fund of 1988 0,the Wildlife and Natural Areas COIISer To Fund.as Appropriate Any Of fire miralo a wntCh Can be given effect without fhe,nvand provision or application and to this end the provisions of this Ariuslrve are Severable. money made dy"Ia b In under Ihis,not l on snap be returned to ine General Fund plus fine interest that the amowts would nave earned In Tne.Pooled SEC,6.The Legislature may amend This act.by statuf,passed in each house of the Legislature by mileail vote entered in the Idurna)iw.- Money investment Account.from money received from the safe of bonds which would ohhel.,5e be deposited in that fund thirds of the membership cOncurrmg.it the,statute,s bmhUI tent With the purposes of this act However.no alon atmn of funds may be reahocatetl 5937.Al:money derived find,pr,mrum and aCC'Ued interest Gn bonds SolO ShaII be resllv,d and sha(I be.V,table for i,dnsl,r TO the G,ne,ai BMC.pi rn aLcOftlanCC With S,Cf l.n,5919 and 5922 Of the PIIoV+c Resources Wld, NU enaIYge,Sha1;be mad,in thtl Way in winch 9Urtds are, fund as a Creu,t to expenditures for band rmeresl appropriated persuade to Sections 5907 and 5921.i the Public Resources Code INSTRUCTIONS TO CIRCULATOR Election officials will check each signature,address and date on this petition and will invalidate signatures of all persons who do not fallow the instructions below,Please read and follow carefully. 1.YOU MUST BE A CURRENTLY REGISTERED VOTER TO SIGN OR CIRCULATE THIS PETITION.If you have moved since voting and have not yet re-registered,you must do so in order to validly circulate this petition.Also,all signers of this petition must be currently registered to vote in order for their signatures to be valid. 2.FILL IN THE COUNTY WHERE PETITION IS TO BE CIRCULATED.You may circulate petitions in any county,but each petition may be circulated in only ONE county,and signed only i by registered voters in that county. 1 3.YOU MAY CIRCULATE AS MANY PETITIONS AS YOU LIKE,BUT MAY SIGN ONLY ONE PETITION IN SIGNATURE SPACES. 4.MAKE SURE SIGNERES COMPLETE ALL INFORMATION REQUESTED IN SIGNATURE SPACES.Information must be accurate and complete.NO DITTO MARKS or ABBREVIATIONS I are allowed.Married women must sign and print their names as registered:for example,"Mary T.Smith"instead of"Mrs.John Smith 5.PLEASE USE BALL POINT PENS ONLY TO FILL IN REQUIRED INFORMATION. 6.AFTER THIS PETITION IS FILLED WITH AS MANY SIGNATURES AS YOU CAN GET,COMPLETE"DECLARATION OF CIRCULATOR"SECTION AT BOTTOM OF SIGNATURE PAGE.All signatures must be obtained in your presence.Do not fill out the Declaration of Circulator until you are ready to return the petition.The Declaration must be signed and dated after the signatures are collected.This petition and all names on it will be invalid unless you complete ALL requested information-including the county in which you are registered,and the three dates requested. 7.WHILE IT IS MOST HELPFUL IF ALL THE SIGNATURE SPACES ARE FILLED WITH VALID SIGNATURES,THIS PETITION IS VALID AND IMPORTANT EVEN IF IT CONTAINS ONLY ONE } SIGNATURE.Remember:even with one signature,you must still complete the Declaration of Circulator section. 8.IT IS VERY IMPORTANT THAT WE KEEP AN ACCURATE COUNT OF SIGNATURES COLLECTED.THEREFORE,WE ASK THAT YOU RETURN THIS PETITION WITHIN TWO WEEKS,v..m as many signatures as you can get.We'll be glad to send you more petitions.PLEASE RETURN VIA FIRST CLASS MAIL BY OCTOBER 7,1987. 9.DO NOT REPRODUCE THIS PETITION.If you need more petitions,contact your local committee or the main office listed below. Return signed petitions to: Californians for Parks&Wildlife 909.12 St.,#203 Sacramento,CA 95814 (916)448.1786 State I D.#870040 1 A (F)Twenty million dollars($20A00.000)for a grant to the County of San Bernardino for acquisition of (5)Four million dollars($4,000.000)for acquisitions in Sonoma County of coastal natural lands and 1 land primarily through the use of conservation easements within the Chino Agricultural Preserve coastal wetlands south of Stewart Paint,and for acquisition of San Pablo Bay wetlands and natural lands (G)Twenty-five million dollars fS25.000,000)for a grant to Los Angeles County in accordance with the (6)Five hundred thousand dollars($500,000)for acquisition of,and tot prantstononpro6aorganizat,ons 1 followingg schedule: for acquisition of,land containing old growth Douglas-fir on Will Creek.a tributary of the Mailole River in i (i)ten million dollars($10.000,000)for acquisition or development of noncommercial visitor use and Humboldt County,and for public access to the lands acquired. access facilities.and or renovation of existing facilities at county,state,or city beaches operated by Los {e)Eighty-two million dollars($82,000,000)to the following agencies and for grants to local agencies Angeles County. and nonprofit organizations,including state administrative costs,for the Iollowing purposes (it)Ten million dollars($10.000,000)for acquisition of land for the Baldwin Hills State Recreation Area (1)Seventeen million dollars($17.000.000)to the Department of Fish and Game-including an amount in accordance with the general plan for Baldwin Hills State Recreation Area. not to exceed two hundred fifty-five thousand dol at s($255,000)iorsta( admmistrat�vecosls.inaccordance (in)Five million dollars($5,000,000)for acquisition of natural lands to establish the Brea Heights Re- with the following schedule gional County Park (A)Ten million dollars($10,000,000)lot restoration and enhancement of salmon streams in accordance (H)Seven million dollars($7,000,000)for a grant to the County of Santa Barbara for acquisition of with the recommendations of the Commercial Salmon Stamp Advisory Cominittee and the Advisory Com- natural lands,wildlife habitat,wetlands,and agricultural land preservation,if)incorporated and unincor- mittee on Salmon and Steelhead Trout porated areas,in accordance with the following schedule-except that expenditures for nonagrieuhural lands (B)Six million dollars($6,000,000)for restoration and enhancement of wild front and native steehead shall be limited to acquisition of lands in the Coastal Zone and shall be of sufficient size to be a major natural habitat,for capital outlay to design,develop,and construct an experimental wild b®rot and native steelhead or low intensity community recreational resource- propagation facility,for acquisition of land important for the perpetuation of wild trout and native steelhead (i)Four million eight hundred thousand dollars($4,800,000)for nonagricultural lands located south of and to provide public access to wild trout and native steelhead waters the rid e line of the Santa Ynez Mountain Range. (C)One million dollars($11000,(00)for marine patrol boats and other equipment for enforcement of Qi�One million two hundred thousand dollars($1.200,000)for nonagricultural lands north of the ridge fish and game regulations to protect fish,marine birds-and marine mammals from Point Conception to Fort line of the Santa Ynez Mountain Range Bragg. (in)One million dollars($1,000.000)for the preservation of agricultural land in Santa Barbara County (2)Five million dollars(55,000,000)to the Department of forestry lot urban forestry programs.and as identified for agricultural use in the Santa Barbara County Comprehensive Plan.These funds shall be used for related state administrative casts not to exceed two hundred fifty thousand dollars i5250 000).in ac- primarily for the acquisition of conservation easements cortlance with Section 4799 12 (1)Four million dollars($4.000,000)for agranitotheCountyot Monterey for acquisition ofconservation (3)Five million dollars(S5,000,000)to the Departmentof Water Resources for grardstocounties.cities . easements in Monterey Countyy on agricultural lands in the Salinas and Palaro Valleys. cities and Counties,districts.and nonprofit organizations for the acquisilion or restoration of natural lands (J)Two million dollars($2,000.000)for a grant to the Monterey Peninsula Regional Park District to which contain urban streams,creeks,and riparian areas.and for related state administrative costs not to t expand the Garland Ranch Regional Park and for acquisition of natural lands and wildlife and riparian habitat exceed two hundred fifty thousand dollars($250.000).in accordance with Section 7048 of the Water Code I in the Bixby Creek watershed- (4)Thirty million dollars($30,000.000)to the Santa Ivi MountannsConsfovancyfof land acquisition (K)One million dollars l$1,000,000)for a giant to the County of Santa Cruzloracquisa tion of conservation and for grants to nonprofit organizations for land acquisition,n the Santa Monica Mountains.and for related easements in Santa CruzCounty on commercially viable agricultural lands in the Palaro Valleyound the coastal state administrative costs,pursuant to Division 23(commencing with Section 33000)and corisistent with terrace north of the City of Santa Cruz,consistent with Section 2.3.1 of the Santa Cruz County General Plan the purposes of this division.Five million dollars($5,000.000)of this amount shalf be for grants to nonprofit (L)Fifteen million dollars($15,000,000)for acquisition of those greenbelt lands known as the Pogonip organizations pursuant to Section 33204 2 property located in the City of Santa Cruz and the County of Santa Cruz,as defined in the 1979 City of Santa (5)Twenty-five million dollars($25.000.000)to the County of Monterey to be transferred directly to the Cruz Greenbelt Ordinance.This acquisition shall be accomplished through grants to the following entities 1988 Bond Act Account of the Big Sur Preservation Fund of Monterey County to support implementalom of listed in order of priority(1)the City of Santa Cruz and(2)a park and open space district or a park and 'critical viewshed"policies ofthe county Big Sin Coast Land Use Plan which was certified by the Caldornia ecreation district formed by the local electorate- Coastal Commission on April 9.1986,as a component of the Big Sur Local Coastal Program M Ten million II r i n( ) dollars s($ 0,000.000)for grant to the Midpeninsula Regional Open Space District for The intent of this paragraph is toensure that the exceptional vistas seen from Scenic Highway Onea-ong acquisition in accordance with the following schedule- the Big Stir Coast in Monterey County will be preserved in a manner that ensures the continuation of existing (i)One million dollars($1,000,000)for acquisition of land between property managed by the district state and local jurisdiction over the Big Sur area. and Castle Rock State Park and Portola State Park. (If)Nine million dollars($9.000,000)for expansion of Rancho San Antonio,Sierra Azut,El Serene.El CHAPTER 3.MISCELLANEOUS PROVISIONS Corte de Madera Creek,and Windy Hill Open Space Preserves and for acquisition of Teague Hill Open Space Preserve 5910,(a)The grant funds authorized pursuant to paragraph(1)of subdivision(a)of Section 5907 shall (N)Thirleen million dollars($13,000,000)for a grant to the East Bay Regional Park District in accordance be allocated to Counties,cities,cities and counties and districts on the basis of their populations as de- with the following schedule termined by the Department of Parks and Recreation in cooperation with the Department of Finance on the (if Ten million dollars($10.000,000)for expenditure in accordance with the East Bay Regional Park basis of the most recent verifiable census data and other population data as the Department of Parks and District Master Plan,for expansion of Morgan Territory Regional Park and Boluses Regional Park,acquisitions Recreation may require to be furnished by any county city cityandcounty.oidiMnct of natural lands along the Carquinez Straits and on Pleasanton Ridge,and shoreline access and trail acqui- (b)Forty percent of the total funds available for grants shall be allocated to counties and regional park. sitions adjacent to the San Francisco Bay open-space,or park and open-space distrlots formed pursuant to Chapter 3(commencing won Section 5500) (ii)One can lion five hundred thousand doliars($1,500.000)for acquisition of lands in the southern portion Eachcounty s allocation shall be in the same ratio as the county s population is tothe state r;total population of Waipert Ridge fit Hayward in central Alameda County except that each county is entitled to a minimum allocation of one hundred thousand dollars IS100.000) In (fit)One million five hundred thousand dollars($1,500.000)for e-.pension of the Carquinez Shoreline any county that embraces all or part of the territory of a regional park.open-space or park and open-space Parkin Port Costa district whose board of directors is not the county board of supervisors-the amount allocated to the county 0)Fivemilliondollars($5000,000)foragranttotheMarinCountyOpenSpaceDistrictforacquisition shall be apportioned between the i egionai d,st rict and the county in It repel t on to the potatiation of I lie county of natural lands on Loma Alta Mountain,Big Rock Ridge,and other wellands,wildlife habitat,and natural that is included within the territory of the regional district and the populalion of the county that is outside ( lands in accordance with the Environmental Quality and Open Space Elements of the Marla Countywide Plan the territory of the regional district. (P)Fifteen million dollars($15,000,000)for a grant to the County of Maria for preservation of,and for (c)(1)Sixty percent of the total funds available for grants shah be,allocated to cities and districts other j grants by the county to nonprofit organizations for preservation of agricultural lands in the Maria County than regional park,open-space,or park and open-space distncis Each city s and each district-s allocation coastal zone and inland rural corridor,in accordance with the Marm County Agricultural Land Preservation shall be in the Same ratio as the city s or district s populalton is to the combined total of the shile,s population Program Funds provided in this subparagraph shall be used primarily to acquire agricultural conservation that is included in incorporated areas and in unincorporated areas within the districts except that each city easements. or district is entitled to a minimum allocation of twenty thousand dollars($20-000) many nslance in which (0)One million six hundred thousand dollars($1.600.000)for a grant to the City of Mill Valley for the boundary of a city overlaps the boundary of a district.the population inIhe area of overlapping for isdictions acquisition of natural lands on the Northridge and spurs of Mount Tamalpais,in accordance with the open shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks Space Elements in the Mario Countywide Plan or the Mill Valley General Plan,or both and recreational areas and facilities for that population.In any instance in which the boundary of acityoveriaps (8)One million dollars($1,000,000)for a grant to the City of Vacaville for acquisition of natural lands the boundary ofa district and in the area of overfais the city does nor operate and manage parks and recreal tonal along the ridgelands of the Vaca Mountains,Blue Ridgge Mountains and English Hills,including Old Rocky, areas and facilities,all grant funds shall be allocated to the district. for a old Cline park in accordance with the Vacaville City General Plan. (2)Each city and district whose boundaries overlap shall develop a specific plan for allocating tee grant (S)Two million dollars($2,000,000)for a grantlo the City of Davis for acquisition of,or for grants from funds in accordance with the formula specified in paragraph(1 j It by October 1.1990,the plan has not been the city to nonprofit organizations for acquisition of,wildlife and riparian habitat,wetlands and potential agreed to by the affected jurisdictions and Submitted to the Department of Parks and Recreation the Director wetlands within the 1987 Davis General Plan Study Area. of Parks and Recreation shall determine the allocation of the grant funds among the affected jurisdictions 1 (T)Six million dollars($6,000,000)fora grant to the County of Sacramento,to be shared by the county the tl)Individual application for grants pursuant to subdivision(a)of Section 5907 shall be submitted to with the City of Sacramento on a per capita basis,for acquisition of parklands,wetlands,wildlife habitat, Department of Parks and Recreation torapproval as to conformity with the requirements of this division. and related greenbelt areas in the county along Morrison Creek,Dry Creek,Snodgrass Slough,Cosumnes The application shall be accompanied by certification from the planning agency of the applicant that the River,Laguna Creek.Sacramento River,and American River,consistent with the County Park System Master project for which the grant is applied Is consistent with the park and recreation eiernent of the applicable city Plan- or county general plan or the district park and recreation plan and will satisfy a high priority need In order (U)Four hundred thousand dollars($400,000)for a grant to Lake County for acquisition of a county to utilize available grant funds as effectively as possible,overlapping of adjoining jurisdictions are encouraged park that provides wildlife habitat,riparian areas,and recreational benefits near Middletown. to combine projects and submit a joint application (c)Eighty-one hall lion three hundred thousand dollars($81,300,000)to the Wildlife Conservation Board (e)The minimum amount that the applicant may request for any individual project is twenty thousand lam programs involving the acquisition of land pursuant to the Wildlife Conservation Law of 1947,subject to dollars($20,000).Any agency may allocate all or a portion of its per capita share for a regional or state Section 2625 of the Fish and Game Code and consistent with the purposes of this division,and for grants to project local agencies,including an amount not to exceed one million two hundred nineteen thousand five hundred (1)The Director of Parks and Recreation shall annually forward a statement of the total amount to be dollars($1,219,500)for state administrative costs,in accordance with the following schedules appropriated in each fiscal year for projects approved lot grants pursuant to subdivision(a)of Section 5907 (1)Thirty-eight million dollars($38,000,000)for projects involving the acquisition,preservation,pre- to the Director of Finance for inclusion in the Budget Bill The amount of grant funds to be allocated to each tection,restoration,enhancement,or development of wetlands for wildfowl and other wildlife habitat,in eligible jurisdiction shall be published in the Governors Budget for life fiscal year in which the appropriation accordance with the following schedule. for those grants is to be made and,as soon as possible thereafter.a list of projects for which grants have (A)Thirteen million dollars($13,000,000)for acquisition or restoration of wetlands within or adjacent been approved shall be made available by the Department of Parks and Recreation to(1)the areas subject to the jurisdiction of the San Francisco BayConservation and Development Commission i Funds appropriated for grants pursuant to subdivision(a)of Section 5907 shall he encombered by or(21 the boundaries of historic San Francisco Bay wetlands as designated in the 1985 United States Fish the recipient within three years of the date when the appropriation became effective,regardless of the date andIldlife Service National Weiland Inventory Maps for the San Francisco Bay Area orin subsequent updates when each project was approved pursuant to this section Commencing with the Budget Bill for the1992-93 with not less than eight million dollars($8,000,0ii for acquisition or restoration of wetlands south of the fiscal year,any grant funds authorized under paragraphs(1)and(2)of subdivision(a)of Section 5907 that San Mateo Bridge were not accepted by the recipient,or were not encumbered by the recipient within that three-year period. (B)Twenty-five milliondollars($25,000,000)for wetlands outside the coastal zone as defined in Section are available for appropriation for one or more of the classes of expenditures specified in Section 5907 that 30103 and other than within the area defined in subparagraph(A). the Legisiature deems to be of the highest priority statewide (2))Two million dollars($2,000,000)for acquisition of Monarch Butterfly habitat. 5911.Funds authorized in paragraph(3)of subdivision(a)of Section 5907 may be expended for the (3)Tenmilliondollars($10,000,0o0)foracquisitionofriparianhabitatthatdrainsintothePacificOcean acquisition,development,rehabilitation,or restoration of parks,beaches,open-space lands recreational within the Counties of San Diego,Orange,Los Angeles,and Ventura. trails,or recreational facilities and areas,and fordevelopmenl rights or scenic easements in connection with (4)Four million dollars($4,000,000)for acquisition of land containing Tecate Cypress forest and as- those acquisitions.After at least one public hearing,the Director of Parks and Recreation shall prepare and sociated rare species in Coal Canyon in Orange County. adopt criteria and procedures forevaluating those Competitive grants The minimum amount thattheapphcant I (5)Five million dollars($5,000,000)for acquisition of wildlife habitat and natural lands along the San may request for any individual project is twenty thousand dollars(S20rOOO) Joaquin River between Friant Dam and Highwayy 99 in the Counties of Fresno and Madera 5912.The funds authorized in paragraph(4)of subdivision(a)of Section 5907 shall be available as (6)Three hundred thousand dollars($300,000)for acquisition of valley oak riparian forest and wetlands grants on a competitive basis tocrRes,counties.cities and counties districts,and nonprofit organizations along the Mokelumne River near Galt in San Joaquin County. and shall be encumbered by the recipient within three years of the date when the appropriation became (7)Two million dollars($2,000,000)for acquisition of wetlands,riparian habitat,vernal pools,and effective.The Director of Parks and Recreation,through the Office of Historic Preservation shall prepare immediately adjacent natural uplands in the vicinity of the Stanislaus,Tuolumne,Merced,and San Joaquin and adopt criteria and procedures for evaluating those competitive grants Rivers and their tributaries in Stanislaus,San Joaquin,and Merced Counties. An individual jurisdiction may enter into an agreement with a nonprofit organization for the purpose of J8)Four million dollars($4,000,000)for acquisition ofriparian habitat along the Sacramento River from carrying out a grant,subject to the requirements of Section5917 j Shaa Dam to Collinsville 5913.The funds authorized in paragraph(5)of subdivision(a)of Section 5907 shall be available as (9)One million dollars($1,000,000)for acquisition of riparian habitat along the Feather River from glands on a competitive basis to local units of govef moral.and nonprofit organizations authorized to provide I Orovifle to the mouth of the river park,recreation.or open-space services orfac litres to the general public.The Uirectorof Paiksand Recreation (10)Four million dollars($4,000,000)for acquisition of inland,San Pablo Bay,and coastal wetlands in shall prepare and adopt criteria and procedures for evaluating those competitive grants for hill development Sonoma County,including the Laguna de Santa Rosa, 5914.An application for a grant pursuant to subdivision(a)or(b)of Section 5907 shall be submitted �11))Two million dollars($2,000,000)for acquisition within the Napa Marsh and associated wetlands to the Director of Parks and Recreation for review and approval:an appheabon for a grant pursuant to sub- 12)One million dollars($1.000,000)for acquisition of wildlife habitat along the east shore of Lake division(d)of Section 5907 shall be submitted to the Director of the State Coastal Conservancy for review Berryessa as identified by the Department of Fish and Game. and approval;an application for a grant pursuant to paragraph(1)of subdivision(e)of Section 5907 shall (13)Four million dollars($4,000,000)for acquisition of sensitive riparian areas,meadows,critical be submitted to the Director of Fish and Game tot review and approval,an application for a grant pursuant wilellifehabital,and recreal ion lantlsin the Hope Valley area just south of Lake Tahoe in Alpine County.Portions to paragraph(2)of subdivision(e)of Section 5907 shall be submitted to the Director of Forestry for review ofthese landswhich could provide compatible recreational opportunities maybe managed bythe Department and approval;an application for a grant pursuant to paragraph(3)of subdivision(e)of Section 5907 shall 1 of Parks and Recreation under an interagency agreement with the Department of Fish and Game be submitted to the Director of Water Resources for review and approval:and an application for a grant (14)Four million dollars($4,000,000)for acquisition of old growth redwoods,mixedforest,and wildlife pursuant to paragraph(4)of subdivision Rif of Section 5907 shall be submitted to the Director of the Santa habitat near the town of Whitethorn in the Mattole River watershed in Humboldt and Mendocino Counties. Monica Mountains Conservancy,for review and approval (d)Fifty-eight million dollars($58.000,000)to the State Coastal Conservancyy pursuant to Division 21 5915.(a)Any member of the Legislature,the State Park and Recreation Commission,the California I (commencing with Section 31000),consistent with the purposes of this division,for acquisition,enhance- Coastal Commission,or the Secretary of the Resources Agency may nominate any project to be tunded under meat,or restoration of natural lands and development of public accessways in coastal areas and the San paragraph(2)of subdivision(b)of Section 5907 for study by the Department of Parks and Recreation The Francisco Bay region:and for preservation of agriculture in coastal areas,and for grants to local aggencies State Park and Recreation Commission shall nominate projects after holding at least one public hearing to ! and nonprofit organizations,and for related state administrative costs,in accordance with the tollowing seek project proposals from individuals,citizen groups.the Department of Parks and Recreation.and other schedule public agencies.Any of the commissions shall make nominations by vote of its membership (1)Thirty-four million dollars($34,000,000)to the State Coastal Conservancy for acquisition,en- (b)The Department of Parks and Recreation shall study any project so nominated In addition to the hancement,or restoration of natural lands,and development of public accessways in coastal areas and the procedures required by Section 5006,the Department of Parks and Recreation shall submit lathe Legislature San Francisco Bay region;and for preservation of agriculture in coastal areas,pursuant to Division 211 and to the Secretary of the Resources Agency a report consisting of a priority listing and comparative eval- meneing with Section 31000)-These funds include the five million eight hundred fifty thousand dollars uation of all projects nominated for study not later than March 1.1989- ($5,850,000)advanced by the Coastal Conservancy to the Santa Monica Mountains Conservancy for the 5916.(a)Acquisition of real property forlhe state park system by purchase or by eminent domain shall Circle X acquisition in the Santa Monica Mountains. Up to one million five hundred thousand dollars be under the property Acquisition Law(Part 11(commencing with Section 15850)of Division 3 of Title 2 of ($1,500.000)of the total funds available pursuant to this paragraph shall be spent on expansion of the Bolsa the Government Code). Chica Linear Park in Orange County or for disbursement to the City of Huntington Beach or other appropriate (b)Workeffortsforstewardshippurposespursuanttosubparagraph(H)ofparagraph(2)OfSubdivision I agencies for this purpose,Collor restoration,enhancement,or expansion of the Bolsa Chica wetlands that is lb)of Section 5907 may include,but are not limited to,objectives such as the control of major erosion and i not otherwise required for mitigation,or both.Up to four million dollars($4,000,000)of the total funds geologic hazards,the restoration and improvement of critical plant and animal habitat,the control and elim- available pursuant to this paragraph shall be spent for the purposes of paragraph(2)it the funds allocated oration of exotic species encroachment,the stabilization of coastal dunes and bluffs.and the planning nec- in paragraph(2)prove to be insufficient to achieve the purposes of that paragraph essary to implement those activities.Those efforts may not include activities which merely supplement park (2)Ten million dollars(510,000,000)for acquisition of natural lands to preserve coastal resources in system operations or which are usually funded from other sources i the coastal dunes and wetlands from Mussel Point to Grover City west of Highway 1 in San Luis Obispo and 5917.Funds granted pursuant to Section 5907 may be expended for development,rehabilitation.or Santa Barbara Counties Up to seven hundred fifty thousand dollars($750,000)may be spent for dunes restoration only on lands owned by,or subject to a lease or other interest,held by the applicant city.county. a restoration and public access consistent with coastal resources preservation. city and county,district,or nonprofit organization.If those lands are not owned by the applicant,the applicant GD One million five hundred thousand dollars($1,500,000)for acquisition of coastal natural lands and shall first demonstrate to the satisfaction of the administering agency that the project will provide public wetlands in Monterey County between Monterey Wharf#2 and the Salinas River benefits commensurate with the type and duration of interest in land held by the applicant (,,j Eight million dollars($8,000,000)for acquisition of,and for grants to public agencies or nonprofit 5918.Every expenditure pursuant to this division shall comply with file California Environmental Quality E orgamzatidr0oracquisitionof,coastallandswithinSanMateoCountythatmeetthreeormoreofthefollowing Act(Division 13(commencing with Section 21000)) criteria,with preference given to lands meeting the largest number of criteria(1)ocean frontage,(2)state 5919.(a)No state funds authorized under Section 5907 may be disbursed unless the applicant agrees or county scenic corridor,(3)designated in the County General Plan as agriculture.(4)sensitive habitat (1)To maintain and operate the property acquired,developed,rehabilitated or restored with the funds areas or wetlands,(5)close proximity to urban areas,or(6)adjacent to other permanently dedicated public in perpetuity.With the approval of the granting agency.the applicant or its successors in interest in the o r private natural lands These funds shall not be used for urban waterfronts or for lot consolidation projects property may transfer the responsibility to maintain and operate the property in accordance with this section. as defined in Chapters 5(commencing with Section 31200)and 7(commencing with Section 31300f of Division (2)To use the property only for the purposes of this division and to make no other use sate mother 21 disposition of the property except as authorized by specific act of the Legislature { : Onn Yraftrioro xanuner . Impati'ent - push , for million issue bond Issue,which range from an East Bay the 19W session has created a sense of Merai said the bond issue's contents-- The parkland bond issue is the second y Eric Brazil shoreline park to monarch butterfly habi- urgency in the environmental community, more than 70 items --- were formulated major grass-roots environmental campaign bF ex M st,�F tat protection in 40 locations statewide. said Gerald Meral,director of the Planning during 10 months of discussion. launched in as many years.It follows Prop- California environmentalists,frustrated ' The California Parks and Wildlife Bond and Conservation League. To become players in the formulation, Osition 65,the successful toxins Initiative. by'state and federal reluctance to spend Act Is the first attempt ever to compel the Gov. Deukmejian prefers spending for most of the participating organizations had 'Whey (toxins initiative activists) did"It' j'or new parks and wildlife habitat Im- state to acquire parkland and make envi park development rather than acquisition, to ante up,pledging money and signature- using paid signature gatherers.We hope to rovement,are trying to take matters into ronmental improvements via initiative. and President Reagan has zero-budgeted gathering efforts,"roughly proportional to get enough with volunteers, sald Meral,. heir own hands. In fact it's the first Initiative bond issue the Land and Water Conservation Fund for their projects," he said. (Nevertheless, who is a former deputy director of the state i Their vehicle is k$776 million wish list of since 1914,when supporters of the Univer. the last eight years,"Meral said. some projects,such as expanding Baldwin Department of Water Resources. Projects that they're aiming to put on the sity of California went directly to the elec• , The measure's proponents, who deliv- Hills Recreational Area in the Los Angeles The Golden Gate Chapter of the Audu•' tstate's June 1988 primary election ballot as torate with a proposed construction pro- eyed it to the attorney general's office last basin, a $10 million item, had no specific bon Society,for example,put up$1,500 and a bond issue via initiative• gram. week,expect to start gathering 374,000 sig. constituency. But almost all do.) Proper is pitching in to help collect 50,000 signer• More than a dozen environmental or- The failure of three park bond bills be- natures needed to qualify It for the ballot nents will start the campaign with a --See PARKS,C-10' taanizatig,ns�formulated�the contents of the cause of internal legislative politics during by June 15. .$250,000 war chest. •$25 million for the East Bay •$4 million for property acquisi- eludes $25 million for protecting able to cities, counties tend special PARKS shoreline park. tion at Mount Diablo State Park. the Big Sur view by buying up de- districts for acquisition,ppr develop- 0$20 million for Marin County •$1 million for enlarging Mount velopment rights„ $30 million for ment of local and regional parks --From Cr3 agricultural land preservation and Tamalpais State Park. land In the Santa Monica Moun- and open space;and million to wildlife habitat and wetland protec• •$10 million for purchasing tains, $30 million for beach and be devoted to protectl g endan- tlon. wetlands. coastal acquisition in San Diego and gered species and the abltats of w tures In the Bay Area. •$10 million for expansion of "We tried very hard to have a Orange counties, $10 million for native,plants and wildlife, and for "We're particularly Interested in the East Bay Regional Park District. north-south balance," said Claudia Delta habitat improvement and $5 trail construction andi:improve wetlands,and In tye East Bay shore- •$5 million to purchase open Elliott of Los Angeles,a Sierra Club . million to acquire holdings in Anza ment. ' k(1 line park," said chapter President space in San Mateo County. representative on the bond issue Borrego State Park. Most of the areas ear t rked for- j Arthur Feinstein. "I don't think of steering committee. And "as far as Not all the money to be raised by acquisition in the bond issue have ' this as political at all, really. It's we can tell,we will only be dealing the sale of bonds Is earmarked for been on state and local agendas for; j simply a way to purchase land for with willing land sellers." the environmental organizations' many years. parks and wildlife." More than 50 environmental or- pet plans. The measure includes "We felt it was time�b take this Among the Bay Ar4a projects in ganizations have endorsed the Is- $200 million for unspecified proj- to the people," said Norman l.a• ; the bond issue are: sue,Meral sold. ects to be approved by the Legisla- Force,a leader in the Sierra Club's i Statewide, the measure also In- ture;$150 million to be made avail- Bay Chapter. I ALIFANIANS FOR PARKS & L LIFE C w. U 909 12th Street, Suite 203 Sacramento, CA 95814 (916) 448-1786 QUESTIONS AND ANSWERS ABOUT THE PARKS AND WILDLIIFE INITIATIVE 1) Why do we need a wildlife and park land preservation bond act? Funds are urgently needed to preserve California's magnificent wildlife habitat, coastal and park lands. These lands are disappearing rapidly, and we must act now if we want to protect air state's unique natural heritage. The State and Federal governments have traditionally provided funds for these - purposes, but no new state or federal funds have been allocated for land preset vatd an purposes. YI 2) What does the Bond Act Initiative do? It would place on the June 1988 ballot a band act to provide 776 million collars to acquire parkland,' wildlife habitat and coastal area,. 3) What would the funds be spent on? Funds would be provided for the following purposes: � State Parks Regicnal and Local Parks Wildlife Habitat Trout and Salmon habitat " Coastal Lands Santa Monica Mountains Historical Preservation Trails, Urban streams, Urban forestry 4) Are the funds for land acquisition or park development? Most of the funds would be used to acquire land. Sixty million dollars would be available to provide public access and to develop facilities at State Parks and beaches, and local park districts would determine how to allocate the $130 million they would receive. 5) Are specific areas named for preservation? About half of the funds are for specific park and wildlife protection projects. The rest of the funds are for statewide programs to preserve wildlife habitat and park lands. 6) What would be the geographic distribution of the funds? Of the total amount allocated by geographic area, about half of the funds would go to Southern California, and the remainder would go to the rest of the State. i 7) What are the powers of the Legislature under the bond act? The Legislature could allocate all the funds that are not for specific projects. But spending within each category could not be changed. - 8) Would the agency that receives the funds to acquire land have to maintain the land? Yes. Before the funds are distributed, the state and local agencies who are to receive funds must agree to maintain and preserve the lands for park and wildlife protection purposes. 9) Why was it necessary to do an initiative? No land conservation bond act paged the Legislature in 1985 and 1987, although several attempts were made. There was little prospect for such a bond act in the near future. This initiative takes the most important parts of four band acts that the Legislature has recently considered! an urban open space bard act for $500 million that was spot by the Planning and Conservation League; a coastal protection bond act for $200 million; a wildlife protection bond act for $85 million sponsored by the Nature Conservancy-, and a State Parks bond act for $425 million. 10) Has the State traditionally passed bond acts to support parks and wildlife protection? Yes. This bond act is one in a long seriof park and band acts, which were first placed before �voterss in the 920'sfe habitat California has the nation's oldest and largest state and local park system, and it has traditionally obtained finds.for these purposes from bond acts. , Every park and wildlife bond act in the'past 25 years has been armed by the voters. 11) Will the passage of the bond act raise taxes? Now The bands are repaid from the State's existing general fund. Repayment of bond acts is a first priority for the State, so theme is no doubt that funds already available to the State would be used to repay the bonds. 12) Has there ever been a bond act placed on the ballot through the initiative process? Yes. An initiative bond act to provide funds for the construction of University of California facilities was approved by the voters in 1914. 13) Is there any opposition to the bond act? No one has yet opposed the initiative. 14) What can I do to help qualify and pass the bond act initiative? Contact C:ALIFOEtNIAAS FOR PAMG AM WILULI , 909 12th St, Suite 203, Sacramento, CA 95814, or call 916-448-178& We welcome and need yowc Participation in gathering signatures from June 15 to November 15, 1987, and ding the campaign that will follow. Thank you for your support. { . 1 I CALIFANIANS FOR PARKS & V*DLIFE 909 12th Street, Suite 203 I Sacramento, CA 95814 I (916) 448-1786 1 THE WILDLIFE, COASTAL AND PARK LAND INITIATIVE j I This Wildlife, Coastal and Park Land initiative is a statewide campaign to preserve California's magnificent wildlife j habitat, coastal and park lands. These lands are an essential part of our state's unique natural heritage. If passed by the voters, this initiative would provide funding to P g permanently i protect these lands throughout California. I The Wildlife, Coastal and Park Land initiative will provide $776 million to save threatened parks, wildlife habitat, open 1 space, and beaches. Most of these lands will be in or near urban areas, but some of our most important wildlands and river areas will also be preserved. The initiative will place a bond act on the June, 1988 ballot to preserve our beautiful and irreplacable land resources. 375,000 valid signatures must be gathered to qualify the initia- tive for the ballot. CALIFORNIANS FOR PARKS AND WILDLIFE (the sponsor of the initiative) has set a goal of 600,000 signatures, j since many signatures turn out to be invalid. Signatures must be gathered between June 15, 1987 and November 15, 1987. i I The initiative will provide funds for the following purposes: State Park System Regional and Local Parks Wildlife habitat protection Coastal protection Santa Monica Mountains Historic Preservation Trails, Urban Streams, Urban Forestry 1 Most of the funds will be used to acquire land, and some funding will also be available to build trails and to provide public access and facilities for public use. Local agencies will receive funding to spend on their highest priority park and recreation projects. The initiative is supported by the Planning and Conservation League, Sierra Club, Defenders of Wildlife, National Audubon Society, California Native Plant Society, the League of Women Voters and dozens of other national, state and local conservation and wildlife organizations and local civic and busine ss groups. We welcome and need your help in this landmark effort. For more information about local campaign efforts in your area, contact Californians for Parks and Wildlife, 909 12th St. Suite I 203, Sacrammento, CA. 916-448-1786 i i i i i l � - I •� I Save the Coast Again I used lightly,when the I.egiclaturt fails to of Wildlife and about 401ocai environmental ranchlands In central Malin. Environment act in matters of urgent public interest—as groups. NAROLD G1LLl it failed to protect the coast 15 years ago— Other areas involved include the wild- the initiative procedure seems justified. The Planning and Conservation League life habitat in the great coastal marsh at the is a 21-year old coalition of California envi- mouth of Pescadero Creek in San Mateo In 1988,the Lawmakers refused to sub- ronmental groups and is their chief press- County,additions to Big Basin and Mount Vs prime time on the California coast trait to the voters three major conservation ence in Sacramento,with an Impressive rec- Diablo state parks, several headlands and bills,one for protection of wildlife habitat, ord of persuading the Legislature to pass wildlife habitats on the Sonoma coast,forest It's time to get there at all costs and one for parks and urban open space,one for environmental bills lands near the Mendocino and Humboldt follow the shoreline past headlands and continued funding for the Coastal Conser- coasts,the Sahara-like Nipomo Dunes south beaches and over flat marine terraces vancy to continue protecting the shoreline. PCL'a executive director,Gerald\feral, of Pismo Beach and riparian zones along backed by green hillsides,where blue lupine A campaign combining these Issues will be- says about the new initiative:"We're mount. California's major rivers: the Sacramento, and gold poppies and scores of other wild- giy this summer with an attempt to collect ing a real grassroots campaign.All statewide the San Joaquin,the Feather,the Tuolumne, flower species provide a fully orchestrated 000000 signatures for a wildlife,parks and petitions for initiatives in the past have been the Stanislaus annual climax of chromatic intensity. The wild winter surf,white with waves from far storms,alternates from day to day with the calm seas that begin in spring ands^- extend into summer, rebuilding beaches that were cut back by the attacks of the battering winter breakers ���• ,..,`,� ,r fay,."�.` n.. i Offshore you might see the recurrent fountains of northward-migrating gray whales and along the beaches the flocks of migrating shorebirds, from the sandpeeps racing the advancing and retreating pat- terns of white foam to the willets and cur- Jews wading through the wave edges on stilty legs and prospecting the wet sand with long probing bills .. Now.before the summer fog season be- gins in full force,nature reaches a peak of _ y� " exuberance at this place where the Conti- •-„ � - err .,�"�'�'-�� nent and the ocean meet in a prolific en- counter.These unspoiled California shore- lines are one of the superlative showplaces of the natural world,somehow preserved,so far•from the invasions of the bulldozers and the attacks of progress. Perhaps some of the intensity of the -"�^ - - - ,experience you feel along the open coast is related to intimations of mortality,the ap• ` parent inevitability of the process b•which hundreds of miles of shoreline elsewhere have already been covered with concrete and asphalt and buildings. The continued existence of long stretches of natural shore- line has an aspect of the miraculous. Part of the miracle is a result of the action of California voters 15 years ago, when they passed the Save•the4roast initia- rive halting proposed development until lo- cal coastal plans could be drawn up and run the gauntlet of review by a clutch of public agencies. f the ublie wants rivate land reserved the p programs of the money would . for street S/ P P preserved, tree rograms and urban creeks.Fishermen But now most of the plans have been ublie will have to buy it. Or it will have to buy will have reason to be pleased with the finished, and the time of reckoning is at P y y funds devoted to restoring trout habitat on hand.Aside from occasional coastal parks, development right such streams as the upper Owens River and most of the miles of open shoreline you see s. That means some very Hat Creek near)Mount Shasta. now are privately owned. substantial cash. Salmon habitat would be Improved on Even though they may be zoned against the Eel,Trinity.San Joaquin,Merced,Moke- construction, open-space zoning is very lumne rivers and Little River on the north weak protection,by constitutional right the coast. owners cannot be deprived of the use of open-space initiative to go on the ballot in circulated by professionals collecting sign- In Southern California there would be their property without due process of law, June 198& tures.We hope to get at least 80 percent of substantial additions to Santa Monica Moun- which in this case means that they must be The exact dollar figure for this bond our signatures through volunteers. taus State Par an ts p k d reservation of stream- compensated for via r g u p the right to issue has not been determined, but it is sides and urban canyons in San Diego Coun- build expected to range between S700 million and "But we'll need all the help we can get The petitions will appear In short,if the public wants that land f800 million.The payback would probably l June corners, in shopping malls, at fairs,street irs, on Other funds would be spent at the dis I preserved,the public will have to buy it.Or be spread over 20 years,amounting to an beaches and everywhere we can put them." cretion of local agencies. it will have to buy development rights.That annual cost of about $1.50 per person — meats some very substantial cash. hardly an intolerable amount to pay for Some $100 million of the total would For information write Californians for So current the slate's principal envi• priceless scenery. preserve open space in the Bay Area,includ- Parks and Wildlife, 909 12th Street,Suite b' P p� 203. Sacramento CA W14, or phone 19161 ronmental organizations are gearing up for The umbrella organization for the cam- ing wetlands around the Bay,the proposed 418.1786 the biggest conservation initiative campaign paign is Californians for Parks and Wildlife, Eastshore Park on the Emeryville- Berkeley-since the Save-the-Coast crusade of 1972. including the Planning and Conservation Richmond waterfront, endangered coastal If you want to join the effort, your This time it would include inland areas as League(which is spearheading the effort), areas near booming Half Moon Bay,expan- great grandchildren in the super-populated well as the coast. Although the initiative the Sierra Club,the Audubon Society,the Sion of Mount Tamaipals State Park and the California of the future will have ample process is subject to abuse and should not be California Native Plant Society,Defenders purchase of conservation easements on reason to be profoundly grateful. ■ I _ .: . . I Nook b preservation i h' itia ive !FU "These lands are disappearing ` By Ann Gibbons rapidly and we must act now if we 7irnes Tribune staff (,� �/$ want to protect our state's unique natural heritage. Environmentalists are gearing "California up for the biggest campaign in re- growing the rate of a new San Francisco every cent years to save undeveloped ; year," Meral said. "Yet people land along the California coast and want the same amenities — the to preserve parklands and wildlife 'habitats throughout the state. ; Parks, preservation-of the wildlife and coastline. But this kind of w-Not since the Save the Coast cru- ;growth puts pressure on them. sade in 1972 have so many of the "If you don't buy them, in many state's principal environmental or- cases they get developed." Some areas may be zoned 'ganizations banded together t0- ;against construction, but environ- ;save the unspoiled beaches,fragile mentalists say open space zoning wetlands and open spaces threaten- offers only weak protection. aed by creeping urbanization. "I think buying the land is a good Hundreds of'volunteers con- idea," said Herb Grench, general verged on street corners, in shop- manager of the Midpeninsula Re- ping malls, and at fairs and gionai Open Space District, which ; beaches around the state this week- is expected to endorse the initia- end seeking signatures to put a new tive."The benefits from acquisition initiative on the June 1988 ballot. extend way into the future... if passed by voters,the so-called "An initiative (that authorizes Wildlife,Coastal and Park Land In- bond sales) is about the only practi- cal way of raising money state- itiative would provide$776 million wide: The Legislature simply isn't i able or willing to spend the money to buy lands for parks and open space in Califomia. to buy open space." At Least $100 million would be e The new initiative was born after spent in the Bay Area, including ;the death of three land conserva- about $40 million in Santa Clara , tion bond bills in toe state Le sia- and San Mateo counties. ture.last year,Meral said. The money would be spent local- ly P i submit to voters three bill ' After lawmakers did not act to 1 to reserve a coastal marsh at { s — one y the mouth of Pescadero Creek on to protect wildlife habitats, one for s park and urban open s ace and the Coastside, sensitive wetlands Pone-for continued funding of the along the South Bay waterfront and + g state Coastal Conservancy — con- servationists decided to take mat- scenic,open spaces in the Peninsu- la's foothills. i tern into their own hands. _ "Funds are urgently'needed to Meral joined with other environ- preserve California's magnificent ;mentalists to form Californians for wildlife habitat, coastal and park Parks and Wildlife,an umbrella or- lands," said Gerald Meral, execu- ganization now headed by the Plan- tive director of the Planning and ning and Conservation League and Conservation League,a 21-year-old ±comprised of the Sierra Club, the coalition of California environmen- :Audubon Society, the California tal groups ? t Native Plant Society, Defenders of �'Wildiife and about 40 local en-. i i i l vironmental groups. "° y k FT�', The initiative they drafted al5' y ready has the support of the x3 League of Women Voters, the � xw N �� American Farmland Trust, the Save the San Francisco Bay Asso- ciation, the Committee for Green , ° ; k Foothills, People for Open Space 'and the Baylands Conservation Committee. The group plans to officially � Iaunch the campaign Thursday,but 2 y t 9 4 volunteers started this weekend tos collect the 600,000 signatures they F want by November to put the mea xs� I sure on the June ballot, said Tim 7 ` >� f I Duff of the Sierra Club's Loma I Prieta Chapter in San Mateo and & �- ! Santa Clara counties. They need 375,000 valid signa tures to qualify. If the measure is passed next s �� year,most of the$776 million fromV, e n < ! bond sales would be spent to buy land.About half of the money is for I specific park and wildlife protec- tion projects. o' ' Most of the money — $339 mil �a lion — would go to the state De- partment of Parks and Recreation for the purchase of lands and de- velopment of recreational facili- ties. Times Tribune staff photo by Joe Futia ! Another$131 million would go to Barbara Devin of Menlo Park signs a petition in favor of the state Department of Fish and allowing the state to buy private lands for parks and wildlife Game and $58 million would go to preservation. Regional coordinator Timothy Duff looks on. the state Coastal Conservancy. Some of those funds would be The money would be spent to buy parks departments. ('The amounts f passed on to local agencies for land to add to the following open were based on population in both local projects. The initiative would space preserves in San Mateo and counties.) make sure that$185 million is ear- Santa Clara counties: Rancho San 0 $1 million to buy land at the marked for specific local projects, Antonio, Sierra Azul, El Sereno, El Pescadero Marsh, which would be- and that $166 million would be di- Corte de Madera Creek,Windy Hill come part of the Pescadero State j vided among counties with parks and a new Teague Hill preserve Beach on the San Mateo County and open space districts, based on (adjacent to Huddart Park in coast. population. Woodside). $3 million to buy land to add to Locally, it would be really About $1 million would be spent the Henry Coe State Park, in south- good," said Lynn Tennefoss, man- to buy land to hook up trails be- eastern Santa Clara County. aging director of the Santa Clara tween district lands and Castle Not all of the money would be 1 Valley chapter of the Audubon So- Rock State Park in the Santa Cruz -spent to buy land. About $60 mil-i ciety. "It would provide $8 million mountains. lion would be set aside to provide l to buy baylands south of the San • $8 million for the state Coastal public access and to develop re-1 Mateo Bridge." Conservancy to buy lands on the creational facilities at state parks - The initiative also would set Coastside in San Mateo CounLy. and beaches. aside: • $7.9 million for Santa Clara Local park districts would get, * S10 million for the Midpenin-i County and $3.3 million for.San $130 million, which they would bel i sula Regional Open Space District. Mateo County, to be spent by their free to allocate as they see fit. # _ I i i I I a I Kick-off for environmental issue by Kathleen Donnelly Regional Open Space District •$8 million to buy wetlands south of the A coalition of environmental groups will San Mateo Bridge launch,a petition drive June 20 to put a •$8 million to acquire San Mateo Coun- $776 million bond issue earmarked for ac- ty coastline south of Half Moon Bay quisitionNof open space on the statewide 0$1 million for the acquisition of land to ballot in June, 1988. complete the state ' wildlife area at In Palo Alto,the campaign will be kicked Pescadero Marsh, on the San Mateo Coun- y off by local chapters of the Sierra Club and ty coast the Audubon Society as well as members of •$3 million to purchase additions to*� .the.South Bay Wetlands Coalition, Friends Henry Coe State Park in Morgan Hill of Redwood City and Bay Area Mountain •$15 million to buy open space known Watch at 9:30 a.m. Saturday at the Penin- as the Pogonip greenbelt between the city of sula Conservation Center, 2253 Park Blvd. Santa Cruz and Henry Cowell State Park The groups must gather 600,000 •$25 million to protect ridgelines in the II'I signatures statewide by Oct. 15 to qualify Big Sur area the Wildlife, Coastal and Park.Land In- Area environmental groups will itiative. Groups in the Palo Alto area have distribute petitions to volunteers at Satur- pledged to gather 25,000 signatures and day's campaign kick-off. More information $10,000 in campaign Funds, according to is available by calling Tim Duff at 326-2740. Georgia Perkins of the Loma Prieta chapter :. of the Sierra Club. Environmental groups have been meeting for more than a year to decide where the $776 million to be raised by the sale of bonds should be spent if the ballot measure is approved by voters.I Projects slotted for funding by the proposed ballot measure-on the Peninsula and in'the South Bay are these: „ O$IO million for the continued acquisi- tion of open space in Santa Clara and San Mateo counties by the Midpeninsula I I I I I I I - -PRC �_-_D TEAGUE HILL OPEN SPACE PRESERV ACQUISITION PROJECT q SCALE 1" = 20001 NOf�7H� East srw✓ ♦d' .3 tee 'Atherton Palo An REFUGE ems° 0 2 I� `• 1 3 cp +s Menlo Park 2 g I� tAKrro Z Palo Alto• ° *0I WDOds'de � SUBJECT I 31ARiORp UNIVERS 2 IIV/ �\ ,C1 • PROPERTY 1 /!� /f �`,,`,l voi..+. y 0 1_Sr Zyr Fq-�/sr.rE�._ ,`.•� G \ i O aAu[ ? our SeanL+4F�� urwr>o -G i /ql 6 e _y.Lake.imee soot F Q-\ ,� u ` V, `W l•_i1M�.M3E.rf At ,N�60ARr',` . p 2 cps Podola 1, sky to-di Valle? n n .r 3 Abs Hills rt .-, � r i:i//�r/` ,7l•r'E/t(, C'-ter. i• 1 ��• � ` xne 3 1{ Lr lJ 'ESL A t, r 1, a e����.� .1s001-. y, ' t. C• L NRLS, —1—___r - PARK hir�tr, our � Ariarr rgynwu uRaML `', _ :l 1,1T. OSrMhLOS MA(RfAYN �.•,'. ♦' 2 1NH frirr�r ' MROA SAY HUDDART COUNTY PARK" K.,; j �— , - Z• I !S' J r,.r �usswr oA f r ... •-• ; < `, ;tea J 8 R Ott!M 1 Ltd r_: — \,A pj - f r i • t r. ♦ ♦ • 34c}r,�1cTc .± r C or ? PROPOSED�TEAGUE HILL 1 ' �;_ PURISIMA CREEK REDWOODS. OPEN SPACE PRESERVE OPEN SPACE PRESERVE I• f '1 1 0 . 1 Sierra Moren, ) .eM i � Skeggs�olr+t� •�- - \ �`� _ o0 -- - IRS} 2299 i \Gr WUNDERL I CH PARK EL CORTE DE MADERA' _i^ . OPEN SPACE PRESERVE: //,/ -1- � -�� \ � �/ �� - __. -- �� �..1 ` '. _ rr\� ,✓ram \\�� '_.f \��� '� SpKng R-87-97 (Meeting 87-15 AL, July 8 , 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 29 , 1987 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Services Manager SUBJECT: Adoption of New Salary Ranges for General Manager Appointees and Revisions in the District' s Benefit Plan Recommendation: I recommend that you: 1) Approve a two point across-the-board increase for General Manager appointees as shown on the attached Exhibit A (Salary Pay Plan) , retroactive to July 1, 1987 ; 2) Authorize , retroactive to July 1, 1987 , District payment of General Manager appointees' 7% contribution to the Public Employees ' Retire- ment System; and 3) Approve the revised fringe benefit medical, dental , and life insurance plan for General Manager appointees as detailed on the attached Exhibit B, District Fringe Benefit Plan, and authorize staff to imple- ment the plan effective October 1, 1987. If these recommendations are adopted, the District will be in a strong competitive position on salary levels , retirement plan, and fringe bene- fits separately, and therefore on total compensation, to hire and retain employees of high quality. Introduction: During the past seven years, my annual report to you regarding the salary survey and proposed range adjustments has focused on two items : 1) salary range adjustments and 2) modifications in the District's benefit plan for General Manager appointees. As will be elaborated later in this report, it is important that you consider my three recommendations as a "package" ; the recommended two point across- the-board salary increase is directly tied to my recommendation regarding District payment of the employees ' 7% contribution to the Public Employees ' Retirement System (PERS) . The proposed changes in the District' s fringe benefit medical, dental, and life insurance plan result from the completion of staff 's 1979 assign- ment to return to the Board with a proposed plan to implement a "cafeteria- style" fringe benefit plan with a fixed flat rate . This type of fringe benefit plan was recommended by personnel consultant Gary Foss in his May 1979 comprehensive report on Salary, Fringe Benefits, and Personnel Systems (see report R-79-13 of May 16 , 1979) . At that time , Mr. Foss ' general concept for a "cafeteria-style" benefit plan was progressive and appeared to be a good concept to use in revising the District's fringe benefit plan. However, in working with the concept, and assigning specific dollars to determine exact costs to the District generated by the plan, as well as several different variations of it, staff determined that there was an increased and very significant financial impact associ- ated with it that had not been taken into consideration when you directed R-87-97 Page two staff to formulate a plan for your consideration and approval. In addi- tion, a very important public sector benefit change was beginning to surface in the early 19801s. This change was payment of the employees ' 7% PERS contribution by the employing agency. Mr. Foss has stated that, when he made his initial "cafeteria-style" benefit plan package recommendation to you in 1979 , he never fathomed that public agencies would begin paying the 7% PERS con- tribution. He adds that if he had known that this PERS payment would become an integral part of public agencies ' salary and benefit package, his initial recommendation regarding a District "cafeteria-style" benefit plan would have been very different. The following report is divided into major topics , salary and benefits. The benefits section incorporates two elements , PERS and a revised basic fringe benefit package for General Manager appointees. My specific recommendation and proposed implementation date concerning each of these items have been included at the end of each section. Discussion: A. Salary Initial salary survey results , excluding any private sector data, were presented to you at your June 3 meeting (see report R-87-82 of may 26 , 1987) . - As of the writing of this report, data from Santa Clara County for the secretary and ranger positions used as comparables were still not available due to labor negotiations . In addition, salaries for management position comparables at Santa Clara County and the City of Sunnyvale have not been adjusted. According to Mr. Foss, combined range and merit changes in the private sector are running 5 to 5 .5%. This information is based on three private sector compensation surveys that cover the greater Santa Clara County area. This 5 to 5 .5% range is an average salary increase; some private sector employees are expected to receive less , while others will receive greater increases. A District employee during the year would be receiving a merit increase of up to 5% based upon performance, in addition to a July 1 salary range adjustment. The following table summarizes the salary data that has been pre- sented to you: I. Public Sector Data Average 1986 to 1987 salary range 5. 5% increase for surveyed public agencies (Range of 4% salary and positions where salary decisions adjustment to 8% have been made salary adjustment) II. Private Sector Data Average Total Salary Increases 5-5.5% III. Consumer Price Index April 1986 to April 1987 index increase 4.0% for the San Francisco-Oakland-San Jose Area for All Urban Consumers Each year, pursuant to Board policy, I take the above factors into account in making my salary range change recommendations. This year, however, my recommendation that the District begin paying the employees' 7% PERS contribution is an additional factor to be con- sidered, and I am recommending that you approve a two point across- the-board salary range increase for all General Manager appointees , retroactive to July 1, 1987 . R-87-97 Page three This two point increase would allow District salaries to continue to be at the middle or somewhat above the middle of the salaries paid at the comparable public agencies - your policy regarding where overall District salaries should fall. In addition, the two point increase will help attract and retain quality employees. While some (but not all) public agencies did not give salary increases the year they "picked up" the employees ' 7% PERS contribution, I do not recommend that this is a judicious approach for the District to take. Not to award any salary increase at all this year would put the District in the position of having to play "catch-up" in 1988-1989 or later, if Board policy of having District salaries fall in that middle or somewhat above the middle range in comparison with other public agencies is to continue to be implemented. B. Benefits As noted at the beginning of this report, this section is divided into two parts , namely, PERS and a revised basic fringe benefit package for General Manager appointees. Some background information, however, is first required to bring you up to date on staff 's acti- vities in this area. Based on your 1979 directive to return to you with a proposed "cafe- teria style" fringe benefit plan, staff formulated different scenarios of possible plans and assigned specific dollar costs to each. After reviewing this material, it became evident that Mr. Foss ' plan, as initially proposed, increased District benefit costs substantially. This factor, coupled with the potential payment of the employees ' 7% PERS contribution, caused staff to refocus its efforts to create a plan that addressed both issues , that had a judicious and acceptable financial impact on the District, and that addressed, for the first time, cost containment factors for the District, particularly in terms of premiums paid for medical plan coverage. Various aspects of a proposed "cafeteria-style" fringe benefit plan, were presented to your Budget Committees over the past few years for consideration and input. In addition, staff completed a survey to determine the types and levels of benefits provided at the eight comparable jurisdictions used in the annual salary survey. This survey showed that the District 's current benefit plan compared very favorably with plans at other jurisdictions and was , in fact, better than some of the other comparable agency plans. Details of the District's current medical , dental, and life insurance benefit package are included in the second part of this section. This spring, staff presented a proposed modified cafeteria benefit package to the Budget Committee for consideration, and subsequently this plan was proposed to all District employees for consideration and comment. This proposal stated that full-time District employees would be provided a benefit package comprised of basic medical, den- tal, and life insurance coverage, payment of each employee's 7% PERS contribution, and $22 per month that could be applied as designated by the employee (see report R-87-82 of May 26 , 1987) . One of the basic elements of this proposed plan was that the amount contri- buted toward medical coverage for each employee was based on an employee-only rate; the District currently provides for full family coverage in the medical plan selected by the employee. R-87-97 Page four Excluding the PERS contribution, which would vary according to each employee's individual salary, the proposed modified cafeteria benefit package provided each employee a total of $1764 to cover required medical, dental, and life insurance benefits and other benefits selected on an optional basis by the employee. The estimated cost of this proposed package for the 1987-1988 fiscal year was $107 ,400 ($60 ,800 attributable to payment of the employee 's 7% PERS contri- bution and $47 ,600 to cover the plan 's remaining benefit elements) . All of the estimated costs have been based on the District's current population of 27 full-time employees . The additional cost to the District of this proposed plan was $44, 200 for the new fiscal year; the current District benefit package cost was projected at $63 ,200 for the new fiscal year. After this proposed modified cafeteria benefit package was presented and explained at a full staff meeting in late May, J. Fiddes met with almost the entire staff on an individual basis to ascertain their reactions and questions about the plan. The bottom line of these meetings was that more than half of the District's employees was, strongly dissatisfied with the proposed plan. overriding concerns about the proposal included the fact that some form of basic family medical coverage would no longer be provided by the District; that employees with dependents became "losers" (this comment was expressed not only by some of the currently married District employees , but by some of the single employees who said that they were looking forward to District coverage of their depen- dent (s) when they changed their marital status ); and that the payment of the employees ' 7% PERS contribution should have been treated as a separate issue and not incorporated into the proposed plan to try to mitigate increased costs that certain employees would have to assume. Based on these specific comments and others , I determined that the proposed plan would not be welcomed by a majority of the District employees and that, if recommended for adoption, could seriously jeopardize some of the District' s employee relations . Staff very quickly went back to the drawing board; reviewed other possible benefit plans, determined that a cafeteria-style benefit plan that might have been acceptable to a majority of the District 's employees was too costly for the District to pursue; and returned to staff with a revised benefit plan that provided payment of the employees ' 7% PERS contribution and introduced modifications in the District' s current medical, dental, and life insurance package. This revised benefit plan recommendation is as follows : ' 1) Public Employees ' Retirement System (PERS) Contribution The District has been part of the Public Employees ' Retirement System (PERS) since MROSD's inception and under PERS, 7% of an employee' s gross pay is deducted each pay period and put into the employee 's retirement fund. The District also contributes what is called a "matching" employer' s contribution for each employee. The District' s contribution rate is set by PERS and varies from year to year based on actuarial valuation studies of District assets and projected liabilities in the retirement fund, as well as the District 's employee population and its retirement experience. R-87-97 Page five In last year's salary survey report, I noted that "a central question in the benefits study continues to be whether the District' s total benefits package has ' lost ground' by not including payment of all or a portion of an employee's 7% con- tribution to PERS, in addition to the District's own PERS contribution. This PERS contribution question is being con- sidered along with benefits and total compensation study" (see report R-86-37 of June 5 , 1986) . Although total compensation is important, PERS is also thought of as a separate item that must be taken into consideration when reviewing the District' s overall comparability, in terms of salary and benefits , with other public agencies. Of the eight public agencies used as MROSD comparables for- the annual salary survey, five of the agencies belong to PERS and all five pay the employee 's 7% contribution. These five agencies are Santa Clara County, the Cities of Palo Alto, San Mateo, Sunnyvale, and Hayward. San Mateo County, East Bay Regional Park District, and East Bay Municipal Utility District, MROSD's other comparables , have their own retirement plans, and employees con- tribute 3% , 3. 5% , and 0-6 .9% , respectively. An additional PERS-related survey conducted this spring provides the following information: San Mateo County Santa Clara County Total Number of agencies surveyed 21 19 Number of agencies belonging to PERS 18 (86% ) 18 (950) If PERS Member: a) Pay all of employee 's 7% 12 (67%) 12 (670) contribution b) Pay part of employee's 7% 2 (11%) 3 (17%) contribution c) Pay none of employee ' s PERS 4 (220) 3 (16%) contribution Over the last four years , payment of the employees ' 7% PERS con- tribution has been a major salary negotiations issue at many public agencies. Some agencies agreed to pay the 7% contribu- tion in lieu of a salary increase in a given year, while others agreed to phase in the 7% payment over a period of years . Based on the data available regarding PERS and the District 's intent to attract and retain quality employees:, I am recommending that, effective July 1, 1987 , the District begin paying the employees ' 7% PERS contribution. Payment of the employees '- 7% PERS contri- bution will put the District at an equal comparability level in terms of PERS with the majority of the public agencies in Santa Clara and San Mateo Counties . I am not recommending that pay- ment of the PERS contribution be phased in on a two or three year basis , since five of our salary survey comparables are currently paying the entire 7%, and the District is later in picking up the coverage than these other agencies. The decision to pay the employees ' 7% PERS contribution has a financial impact on the District and one that, though fixed with the 7% rate, will increase over the years as the District 's salary budget grows due to annual salary adjustments, additional positions , and employees ' progression through their salary ranges. ---- --- ----- - - R-87-97 Page six The salary figure (which excluded any salary range adjustment) included in the preliminary 1987-1988 budget for General Manager appointees was $1,002 ,500. Of this , a total of $976 ,100 quali- fies for PERS, and payment of the employees ' 7% PERS contribution would cost $68, 300 . 2 . Basic Fringe Benefit Package (Medical, Dental , and Life Insurance Coverage) As a subgroup of Santa Clara County for medical, dental, and life insurance benefits , full-time District employees are currently eligible, with premiums fully paid by the District, for the following: 1. Medical Coverage : Choice of .Kaiser, TakeCare, and Santa Clara County Preferred 100 Plan for employees , including depen- dent coverage. The Blue Cross medical plan is closed to new enrollment, but there are currently three General Manager appointees enrolled in the plan. Monthly premiums vary from $83.12 (Kaiser-employee only) to $266. 61 (Blue Cross- employee plus dependents) . 2. Dental Coverage: Delta Dental. The 1986-1987 composite monthly rate is $35. 50 per employee; the 1987-1988 rate is not yet known. 3. Life Insurance : a. Basic: $10 ,000 coverage with a monthly premium of $2 .10 per employee. b. Supplemental : Coverage varies from $15 ,000 to $90 ,000 depending on salary with corresponding monthly premiums of $6.00 to $36 .00 . Under the current plan and based on the current 27 member full- time employee population and known 1987-1988 premiums , medical, dental, and life insurance premiums for the 1987-1988 fiscal year were projected at $63, 200 (assuming no changes in an employee 's marital status or health plans) ; $45 ,200 or 72% of this figure was attributable to medical premiums. I am recommending that the District' s current fringe benefit plan be modified, effective October 1, 1987 , as follows : 1) Establishment of a base single and a base family medical plan coverage premium level to be paid by the District. The base levels would be set each year by the Board of Directors , and this year, I am recommending that the District pay single and family rate coverage for the Santa Clara County Preferred 100 Plan. This plan provides the lowest family rate coverage currently available to the District; the single rate annual premium is $1122 .12 and the family rate annual premium is $2374. 08. An employee with no dependents would have the opportunity to select either Santa Clara County Preferred 100 Plan, TakeCare, or Kaiser Medical coverage; in 1987-1988 all premiums would be paid by the District since TakeCare's and Kaiser's annual premiums are less than Santa Clara County Preferred 100 Plan's annual premium. An employee R-87-97 Page seven with dependents would have the opportunity to select from the above named plans (or Blue Cross if currently en- rolled) , but the District would only cover up to the amount of the Santa Clara County Preferred 100 Plan annual premium for family coverage . If an employee selects a more expen- sive family medical plan, he or she would be responsible for paying the difference in the cost of the premiums. In addition, I am recommending that employees who can prove that they are covered by either their own or a spouse 's medical and/or dental plan, be eligible to apply towards the cost of optional benefits or deferred compensation, when established, one-half the selected single medical rate premium and/or one-half the selected dental premium. 2. Conversion of the supplemental life insurance benefit, currently paid by the District, to an optional benefit with related premiums paid by the employee . The District would still provide basic life insurance at the District 's expense . The cost of the District's medical premiums for the current 27-member full-time employee population in 1987-1988 would be $45 ,200 under the new plan, as compared with $45 , 100 for the current medical plan. Though not a significant savings to the District at this time, the plan lays the foundation for future District cost containment in the medical premium arena, at least in terms of maximum contribution levels for District-provided coverage. In addition, the reduction of family medical coverage to the lowest rate available does not impact the District' s benefit plan com- parability with other public agencies . The District's supplemental life insurance provided employees would have cost approximately $5 , 800 in 1987-1988 . Based on the comparable benefit research, it is rather unusual for the employing agency to cover the cost of the supple- mental life insurance. The District can drop this benefit while maintaining a strong position in benefit comparability. The attached Exhibit B , entitled District Fringe Benefit E12,n, details the proposed medical, dental, and life insurance plan. The October 1 implementation date was felt to be the most appropriate in order to allow employees to change medi- cal plans , if they wanted to, during the September open enrollment period. The District' s current fringe benefit plan would remain in effect until October. The great majority of the District 's employees appear to be quite satisfied with the proposed plan. A few single employees , however, have expressed dissatisfaction about the proposed plan, and their primary concern relates to allowing employees covered by their own or a spouse 's medical and/or dental plan to be given an incentive not to be on the District 's plans. A qualifying employee could be eligible to apply approximately $600 over a nine-month period in fiscal year 1987-1988 towards optional benefits or a deferred compensation program when established. The reason for including this item in the benefits plan is based upon R-87-97 Page eight sound financial management of District funds. The District, using a twelve month base, would pay approximately $2800 for an employee ' s family medical and dental coverage; this same employee would qualify to apply $775 if he or she showed proof of medical and dental coverage -- a net savings to the Dis- trict of $2 ,025. Some employees have also expressed dis- satisfaction because they feel the proposed plan favors an employee with dependents because the District would be spending more on a person with dependents than on a single person . Staff plans to return to you in the near future to request establishment of a deferred compensation plan. EXHIBIT A MIDPENINSULA REG1t OPEN SPACE DISTRICT SALAWi' !?AY PLAN Present Salary Range Proposed 2-Point Increase Monthly Annually Monthly Annually $ $ $ $ Classification Step No. Min-Max Min-Max Step No. Min-Max Min-Max Receptionist-Typist - 154.5-184.5 1313-1769 15,753-21,233, 156.5-186.5 1339-1805 16,070-21,660 Senior Typist Clerk 154.5-184.5 1313-1769 15,753-21,233 156.5-186.5 1339-1805 16,070-21,660 Open Space Technician* 160.5-190.5 1393-1878 16,722-22,539 ' 162.5-192.5 1422-1916 17,058-22,992 Secretary 170.5-200.5 1539-2075 18,472-24,897 172.5-202.5 1570-2116 18;843-25,398 Accounting Specialist 175.5-205.5 1618-2181 19,414-26,167 177.5-207.5 1650-2224 19,804-26,693 Office Mgr/Sec'y to Gen. Mgr. 179.5-209.5 1684-2269 20,202-27,230 181.5-211.5 1717-2315 20,608-27,777 Ranger** 185.5-215.5 1787-2409 21,445-28,905 187.5-217.5 1823-2457 21,876-29,486 Real Estate Research Analyst 185.5-215.5 1787-2409 21,445-28,905 187.5-217.5 1823-2457 21,876-29,486 i Docent Coordinator 185.5-215.5 1787-2409 21,445-28,905 187-.5-217.5 1823-2457 21,876-29,486 i Volunteer Coordinator 185.5-215.5 1787-2409 21,445-28,905 187.5-217.5 1823-2457 21,876-29,486 Assoc Open Space Planner 190.5-220.5 1878-2532 22,539-30,379 192.5-222.5 1916-2582 22,992-30,990 Lead Ranger 195.5-225.5 1974-2661 23,689-31,929 197.5-227.5 20144714 24,165-32,571 Admin Asst - Open Space Mgmt. 195.5-225.5 1974-2661- 23,689-31,929 197.5-227.5 2014-2714 24,165-32,571 Environmental Analyst 200.5-230.5 2075-2796 24,897-33,558 202.5-232.5 2116-2853 25,398-34,232 Supervising Ranger 205.5-235.5 2181-2939 26,167-35,269 207.5-237.5. 2224-2998- 26,693-35,978 Open Space Planner 200.5-230.5 2075-2796 24,897-33,558 202.5-232.5 2116-2853 25,398-34,232 Principal Open Space Planner 219.5-249.5 2506-3378 30,078-40,541. 221.5-251.5 1180-3446 - 30,683-41,356 Operations Supervisor 225.5-255.5 2661-3586 31,929-43,035 227.5-257.5 2714-3658 32,571-43,900 Real Property Representative 220.5-250.5 2532-3412 30,379-40,947 222.5-252.5 2582-3481 30,990-41,770 Public Communications Coordinator 217.5-247.5 2457-3312 29,486-39,742 219.5-249.5 2507-3378 30,078-40,541 i Administrative Services Manager 224.5-254.5 2634-3551 31,613-42,605 226.5-256.5 2687-3622 32,248-43,466 Land Manager*** 257.5-287.5 3658-4931 43,900-59,171 259.5-289.5 3732-5030 44,783-60,360 r*** 257 5-287.5 3658-4931 43 900-59 171 259.5-289.5 3732-5030 44 Land Acquisition Manage , ,783-60,360 *The salary range for Seasonal Open Space Technicians is $6.00-$9.00 per hour with actual individual rate to be determined at time of hire. **5 point pay differential added to Ranger base salary for assignment as Crew Coordinating Ranger. � ***Range of 3% to 5% to be added to base salary as approved by General Manager for assignment of employee as Asst. Gen. Manager. ----- - - - - - EXHIBIT B ISTRICT FRINGE BENEFIT PI Effective October 1, 1987, each regular full-time District employee shall be entitled to receive the following fringe benefits : Basic Medical Insurance Coverage Choice of plans provided by the District. The District will provide basic medical insurance coverage for all employees and dependents at the District's expense; the Board of Direc- tors shall set a base single premium rate and a base family premium rate for medical plan coverage each year as part of the budget approval process. If the premiums for the medical plan selected by the employee exceed the base premium rates adopted by the Board, the employee shall be responsible for paying the difference in the cost of the premiums through bi-weekly payroll deductions . If an employee can prove that he or she is currently covered under a private or a spouse 's medical plan, basically equiva- lent to that provided by the District, the employee is eligible to apply one-half of the base single medical premium amount, as approved by the Board of Directors , to 1) optional benefit costs and premiums and 2) the District ' s deferred compensation program in his or her name. Basic Dental Coverage Choice of plan(s) provided by the District. The District will provide basic dental insurance coverage for all employees and their dependents , and the base premium, as approved by the Board of Directors , will be paid by the District. If an employee can prove that he or she is currently covered under a private ora.spouse 's dental plan, basically equivalent to that provided by the District, the employee is eligible to apply one-half of the base dental premium amount, as approved by the Board of Directors , to 1) optional benefit costs and premiums and 2) the District 's deferred compensation program in his or her name. Basic Life Insurance Choice of plan (s) provided by the District and premiums to be paid by the District. Optional Benefits Choice of optional benefits to be provided by the District. Related costs and premiums to be paid by the employee . Effec- tive October 1, 1987 , the District' s optional benefits shall include supplemental life insurance , long-term disability insurance, and accidental death and dismemberment insurance . Medical, dental, and basic life insurance benefits for regular part-time (one-half time or greater) employees shall be administered on a pro-rata basis . The District' s fringe benefit plan shall be administered by the General Manager or his designee . The District' s Board of Directors maintains the right, as governing authority, to modify the fringe benefit plan at any time. Proposed changes shall be subject to review and comment by District employees prior to Board adoption. --------- - -- - - - - - --- - - - ------- ------ --------- - - - - R-87-103 (Meeting 87-15 July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 1, 1987 TO: Board of Directors FROM: R. Bishop, President SUBJECT: Board Appointees ' Compensation Recommendation: I recommend that we determine the 1987-1988 com- pensation increases for our General Manager, Legal Counsel, and Controller, retroactive to July 1 for the General Manager and Legal Counsel and May 1 for the Controller. In addition, I recommend that the Controller's review date be changed from May 1 to July 1 for future reviews . Discussion: Pursuant to our policies and in compliance with the Brown Act, we conducted the General Manager and Legal Counsel ' s annual performance evaluations in Closed Session at our May 20 Rescheduled Regular Meeting. We evaluated the Controller's per- formance in Closed Session at our June 3 Special Meeting. It is now time for us to determine compensation increases for our three Board appointees for the 1987-1988 fiscal year. Attached is infor- mation Jean Fiddes prepared for the Board at our request. The General Manager salary comparable figures are updates to the figures in the study George Sipel Associates did for the Board in 1981 and 1986 . The General Manager and Legal Counsel ' s review date is July 1; the Controller's review date is May 1. It would be more efficient for all the review dates to be the same in the future , and I'm recom- mending that the Controller review date be changed to July 1, effective with his next review. 5/19/87 SALARY HISTORIES Increase for H. Grench S . Norton M. Foster* Gen. Manager Annual Increase Annual Increase Annual Increase Effective Date Appointees Salary % Salary % Salary % 7/1/81 8. 3 54 ,000 8.0 41,400 9 .5 2 ,580 9 . 0 7/l/82 8. 3 59 ,500 10 . 1 45 ,600 10. 1 2,880 11.6 7/l/83 7 .2 63 ,792 7. 2 49 ,800 9 . 2 3 ,180 10.4 7/1/84 5. 1 66 ,344 4. 1 52 ,788 6. 0 3 ,500 10.0 7/l/85 5 . 1 69 ,344 4. 5 55 ,480 5.1 3 ,850 10.0 7/1/86 4. 5 72,494 4 . 5 57,980 4 .5 4 ,100 6. 5 i *May 1 effective date rather than July 1 i i i i SALARY COMPARISON 5/20/87 AGENCY SALARY SALARY & RETIREMENT POSITION MAXIMUM CONTRIBUTIONS) (8)* EFFECTIVE DATE COMMENTS Mountain View $94,952 $94,952 (0) 7/86 To be reviewed in July; salary shown is 120% General Manager of control point. City contributes $300 to deferred comp, plus up to 2% of salary to match City Manager's own contribution. Sunnyvale $87,480 $93,603 (7%) 9/86 Salary is 108% of control point. City Manager East Bay Regional $87,360 $87,360 (0) 4/87 General Manager's current salary is $80,000. Park District Did not get CPI change in April 1987; salary General Manager may be reviewed during coming fiscal year; however, no fixed date. I Santa Clara Valley $86,316 $92,358 (7%) 6/86 To be reviewed in June/July. Water District General Manager Palo Alto $82,596 $88,378 (7%) 6/85 To be reviewed in June/July. General Manager Santa Clara County $74,048 $79,231 (7%) 6/86 Salary shown is 12-1/2% above control point. Parks & Recreation To be reviewed June/July. Director MROSD $72,494 $79,526 (9.7%) 7/86 General Manager Marin County Open Space $67,596 $67,596 (0) 12/86 General Manager and Dir-. of Parks & Rec-: San Mateo County $65,556 $65,556 (0) 1/87 Dir. of Parks & Rec. Los Gatos $60,465 $64,698 (78) 7/86 To be reviewed in June/July. Town Manager I Los Altos $59,196 $68,340 (15.4%) 10/86 Extra Retirement Contribution equivalent to City Manager 7% employee's PERS share and $5000 deferred comp contribution. Monterey Peninsula $43,000 $49,084 (14.15%) --- Regional Parks General Manager Average (excluding ) $73,506 $77,377 *Does not include agency's required PERS contribution. I May 20, 1987 Internal Organizational Relationships George Sipel 's November 18, 1985 report to you stated: The rule of thumb in internal relationships is that the supervisor should receive at least 10 to 15 percent more than the employees supervised. At upper levels of an organization, the differential should be qreater to provide an incentive for high performance and to compensate for greater risk and contribution. In recent years in the public sector, we find substantial compaction in middle and upper level management salaries. This is attributable to a number of factors, including an unwillingness to track inflation for upper level people, negative political philosophy toward compensation for senior managers and attainment of absolute maximums for some public jobs. There is a broad range of differentials among agencies surveyed from zero in Los Altos to 47 percent in San Mateo County. The agency which compares most favorably to the District in terms of mission and structure, the East Bay Regional Park District, has a 1 3% differential .nt�'r al . In the District the internal relationship between the General Manager and the assistant is as follows: General Manager $72,544* Assistant General Manager $62,498 Differential: 16.1 percent This differential is the minimum that should exist. The Board should consider ways to establish and maintain a 20 percent differential . I did not survey all agencies for salary differentials this year. The following is a listing of the differentials I did obtain: Differential Between Agency Manager and Assistant Manager i Agency (Salary to Salary) East Bay Regional Park District 22% Mountain View 24% Sunnyvale 26% Santa Clara County 45% Marin Open Space District 47% Los Gatos 20% i i The current MROSD internal relationship between the General Manager and the Assistent General Manager on a salary to salary basis is as follows: General Manager $72,494* Assistant General Manager $65,362 Differential 10.9% *Calculations as follows: General Manager Salary $72,494 Asst. General Manager Salary (Maxim—u—m-F $62,189 Potential Incentive 3,173 Payment ; TOTAL $65,362 i i i i i i i i i i R-87-99 Adw (Meeting 87-15 *% le July 8, 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 29, 1987 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Sale of Tax and Revenue Anticipation Notes Recommendation: I recommend that you approve the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space Dis- trict Providing for the Borrowing of Funds for Fiscal Year 1987-1988 and the Issuance and Sale of 1987-1988 Tax and Revenue Anticipation Notes Therefor, Authoriting the Execution and Delivery of a Purchase Contract, and Approving an Official Statement Relating Thereto. Discussion: The fiscal year 1987-88 budget you approved on June 10 , 1987 included the planned issuance of $2 million of tax and revenue anticipation notes (TRANs) . As discussed in my May 28 , 1987 report, such a short-term borrowing is necessary to fund the extraordinary level of high priority land acquisitions expected to close before we receive our first large increment of tax revenue in December. In fact, the amount of cash needed to close these anticipated transactions has increased. Consequently I am now recommending a TRAN issue of $2 .5 million--the largest we can justify given our revenue pattern. With the proceeds from this issue, the District will have the funds to complete $6 . 5 million of land acquisitions for cash during the next five months . The TRANs will be dated as of August 3, 1987 and will be repaid on March 3, 1988 . While the repayment of the notes will technically be funded from tax revenues of the December-February period, we also expect to have available, by the maturity date, the proceeds from our next issuance of long-term notes . The District's excess debt capacity accommodates the proposed TRAN issuance. Enclosed are the proposed Preliminary Official Statement and Note Purchase Agreement from Prudential-Bache Securities (PBS) . PBS is the logical underwriter for this issue because of its great success with our 1987 Notes and the proposed terms are favorable . PBS proposes underwriting fees of $14 , 375 if the TRANs are unrated and $11, 250 if we are able to obtain a Moody rating. In summaryl PBS proposes to perform the following: a. Work with District staff to structure the notes in order to obtain the most advantageous terms and conditions b. Prepare the official Statement c. Attempt to obtain a Moody ' s rating d. Submit an offer to the District to purchase the notes e. Sell the notes R-87-99 Page two I recommend that you approve the Note Purchase Agreement and authorize distribution of the Preliminary Official Statement (POS) . The resolu- tion provides that the General Manager, with my advice , can authorize any corrections to the POS and is responsible for the final approval of the interest rate on the cover page to the Note Purchase Agreement. The resolution sets a maximum rate of 6% , but the current estimate is for an interest rate of 4.4 to 4 . 6% based on rating. The documents referenced herein will be available at the District office. BOARD OF DIRE CTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COUNTIES OF SANTA CLARA AND SAN MATEO, CALIFORNIA RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1987-1988 AND THE ISSUANCE AND SALE OF 1987-1988 TAX AND REVENUE ANTICIPATION NOTES THEREFOR, AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE CONTRACT, AND APPROVING AN OFFICIAL STATEMENT RELATING THERETO RESOLUTION NO. WHEREAS, pursuant to Sections 53850 et seq. of the California Government Code (the "Government Code" ) (being Article 7 . 6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) , this Board of Directors (the "Board" ) has found and determined that the sum of Two Million Five Hundred Thousand Dollars ($2, 500, 000) is needed for the requirements of the Midpeninsula Regional Open Space District (the "District" ) to satisfy obligations payable from the General Fund of the District, and that it is necessary that said sum be borrowed for such purpose at this time by the issuance of temporary notes therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988; and WHEREAS, the District intends to borrow, for the purposes set forth above, Two Million Five Hundred Thousand Dollars ($2, 500, 000) by the issuance of the Notes, as hereinafter defined; and WHEREAS, it appears, and the Board hereby finds and determines, that said sum of Two Million Five Hundred Thousand Dollars ($2, 500, 000) , when added to the estimated interest payable thereon, does not exceed eighty-five per cent (85%) of the estimated amount of the uncollected taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988, and available for the payment of the principal of the Notes and the interest thereon; and WHEREAS, no money has heretofore been borrowed by the District through the issuance of any temporary notes 6051c (excluding the outstanding promissory notes of the District) in anticipation of the receipt of, or payable or secured by, taxes, income, revenue, cash receipts or other moneys of the District received or accrued during or allocable to Fiscal Year 1987-1988; and WHEREAS, pursuant to Section 53856 of the Government Code, certain moneys of the District which will be received for or accrued to the General Fund during or allocable to Fiscal Year 1987-1988 can be pledged for the payment of the principal of said Notes and the interest thereon (as hereinafter provided) ; and WHEREAS, Prudential Bach Securities, Inc . (the "Underwriter" ) has submitted an offer to purchase said Notes and has submitted a form of Contract of Purchase (the "Purchase Contract" ) to the Board; NOW, THEREFORE, the Board hereby finds, determines, declares and resolves as follows: Section 1. All of the above recitals are true and correct, and the Board so finds and determines. Section 2 . Solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988, and not pursuant to any common plan of financing, the District hereby determines to and shall borrow the aggregate principal amount of Two Million Five Hundred Thousand Dollars ($2, 500, 000) by the issuance of temporary notes under Sections 53850 et seq. of the Government Code, designated "Midpeninsula Regional Open Space District, Counties of Santa Clara and San Mateo, California, 1987-1988 Tax and Revenue Anticipation Notes" the "Notes" ) . The Notes shall be numbered from "l" consecutively upward in order of issuance, shall be in the denomination of $5, 000 or any integral multiple thereof, as specified by the Underwriter, shall be dated August 3, 1987, shall mature (without option of prior redemption) on March 3, 1988, and shall bear interest, payable at maturity and computed upon the basis of a 360-day year, consisting of twelve 30-day months, at the rate determined in accordance with the Purchase Contract. Both the principal of and interest on the Notes shall be payable, only to the holders of the Notes upon surrender thereof, in lawful money of the United States of America, at the office of the Controller of the District, in Mountain View, California. Section 3 . The Notes shall be issued without coupons and shall be substantially in the form and substance 2 6051c set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. Section 4. The General Manager of the District, with the advice and consent of the Controller of the District, is hereby authorized and directed to negotiate, with the Underwriter, an interest rate, not to exceed six percent (6%) per annum, on the Notes, and the price to be paid to the District upon the initial issuance of the Notes, which shall not be less than 98% of the aggregate principal amount thereof, and if such interest rate and price are acceptable to the General Manager and the Controller of the District, the President of the Board of Directors of the District is hereby authorized and directed to execute and deliver the Purchase Contract, substantially in the form on file with the Secretary of the District, for and in the name and on behalf of the District 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. Section 5 . The proceeds of the sale of the Notes, together with earnings thereon, shall be deposited as received in a special fund designated as "1987-1988 Tax and Revenue Anticipation Note Proceeds Fund" (the "Proceeds Fund" ) . Amounts held in the Proceeds Fund shall be invested as permitted by Section 53601 (except Section (m) or, after January 1, 1988, ( 1) ) of the Government Code; provided that no such investments shall have a maturity later than the date that it is anticipated that such amounts will be required to be expended and such amounts shall not be commingled with any other funds of the District. Amounts in the Proceeds Fund shall be withdrawn and expended by the District for any purpose for which the District is authorized to expend funds from the General Fund of the District, but only after exhausting funds otherwise available for such purposes (which are not restricted funds) and only to the extent that on any given day such other funds are not then available. If on the date that is six months from the date of issuance of the Notes, amounts previously withdrawn from the Proceeds Fund do not exceed ninety percent (90%) of the principal amount of the Notes, the District shall promptly notify Orrick, Herrington & Sutcliffe ( "Bond Counsel" ) and, to the extent of its power and authority, comply with the instructions from Bond Counsel as to the means 3 6051c • of satisfying the rebate requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code" ) . If on the date that is six months from the date of issuance of the Notes amounts previously withdrawn from the Proceeds Fund exceed ninety percent (90%) of the principal amount of the Notes, the District may transfer all amounts on deposit in the Proceeds Fund to the General Fund to be used and expended by the District for any purpose for which it is authorized to expend funds from the General Fund of the District. Section 6. (A) The principal of and interest on the Notes shall be payable from taxes, income, revenue, cash receipts and other moneys of the District which are received by or accrued to the General Fund of the District for Fiscal Year 1987-1988 and which are generally available for the payment of current expenses and other obligations of the District ( "unrestricted revenues" ) . (B) As security for the payment of the principal of and interest on the Notes, the District hereby pledges to deposit in trust in a special fund designated as the "1987-1988 Tax and Revenue Anticipation Note Repayment Fund" (the "Repayment Fund" ) : (i) the first Two Million Dollars ($2, 000,000) of unrestricted revenues received by the District during the accounting period ending December 31, 1987; ( ii ) the first Five Hundred Thousand Dollars ($500, 000) of unrestricted revenues received by the District during the accounting period ending January 29, 1988, together with the amount sufficient to satisfy and make up any deficiency in the amount deposited in the Repayment Fund with respect to the prior accounting period; (iii ) the first unrestricted revenues received by the District during the accounting period ending February 29, 1988, in an amount sufficient (net of earnings on moneys in the Repayment Fund) (x) to satisfy and make up any deficiency in the Repayment Fund with respect to any prior accounting period and (y) to pay the interest on the Notes at maturity. The amounts pledged by the District for deposit into the Repayment Fund from unrestricted revenues received during each indicated accounting period are hereinafter called the "Pledged Revenues. " (C) In the event that there have been insufficient unrestricted revenues received by the District by the ending date of any accounting period to permit the deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be deposited with respect to such accounting period, then the amount of any deficiency in the Repayment Fund shall be satisfied and made up on such ending date from any other moneys of the District lawfully available for the payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856 and 53857 of the Government 4 6051c Code) (the "Other Pledged Moneys" ) or thereafter on a daily basis, when and as such Pledged Revenues and Other Pledged Moneys are received by the District. Section 7. (A) The Pledged Revenues with respect to the accounting period in which received shall be deposited in the Repayment Fund on or before the ending date of each respective accounting period, and applied as directed in this Resolution. The Other Pledged Moneys, if any, shall be deposited in the Repayment Fund on the ending date of the accounting period, and on each business day thereafter, until the full amount of the moneys required by Section 6(B) has been so deposited in the Repayment Fund. The principal of and interest on the Notes shall constitute a first lien and charge on, and shall be payable from, moneys in the Repayment Fund. The Repayment Fund shall be held by the Treasurer of the District. If on the date that is six months from the date of issuance of the Notes, amounts previously withdrawn from the Proceeds Fund do not exceed ninety percent (90%) of the principal amount of the Notes, the amounts to be deposited in the Repayment Fund during the accounting periods in which received shall be deposited as soon as received. Moneys in the Repayment Fund shall be applied only as hereinafter in this Section 7 provided. (B) The Treasurer shall arrange for the Controller to have available on March 3, 1988 an amount in immediately available funds sufficient to pay the principal of and interest on the Notes. Any excess moneys remaining in the Repayment Fund after payment of the Notes, or after provision for such payment has been made, shall be transferred to the General Fund of the District. (C) Moneys in the Repayment Fund shall be invested as permitted by Section 53601 of the Government Code, provided that no moneys shall be invested in investments permitted by subsections (i ) (to the extent that subsection (i) applies to reverse repurchase agreements) , (m) or, after January 1, 1988, (1) of said Section 53601, and no such investments shall have a maturity date later than the maturity date of the Notes. The proceeds of any such investments shall be retained by the Treasurer in the Repayment Fund until all of the Notes have been fully paid or until provision has been made for the payment of the principal of the Notes and the interest thereon to maturity, at which time any excess amount shall be transferred to the General Fund of the District. Section 8. The District shall establish and maintain a fund separate from any other fund established and maintained hereunder designated as the "1987 Tax and Revenue Anticipation Note Rebate Fund" and within such Fund there 5 6051c shall be established and maintained two separate accounts designated as the Excess Account and the Earnings Account. There shall be deposited in each account of the Rebate Fund such amounts as are required to be deposited therein in accordance with the written instructions from Bond Counsel delivered pursuant to Section 5 hereof. Section 9. The President of the Board of Directors of the District is hereby authorized to execute the Notes by use of a facsimile signature, and the Controller of the District is hereby authorized to countersign, by manual signature, the Notes and to affix the seal of the District thereto by facsimile imprinting thereon. The Controller is hereby authorized to cause to be lithographed, printed or engraved a sufficient number of Notes. The Controller is further authorized to cause the blank spaces in Exhibit A to be filled in as may be appropriate. Section 10. The Official Statement relating to the Notes, in substantially the form on file with the Secretary of the Board of Directors of the District, is hereby approved with such additions, changes and corrections as the General Manager of the District may approve upon consultation with the District' s counsel; and the President of the Board of Directors of the District and the General Manager of the District are hereby authorized and directed to execute and deliver the Official Statement and the Underwriter is hereby authorized to distribute copies of said Official Statement in connection with the offering and sale of the Notes. The use of the Preliminary Official Statement relating to the Notes by the Underwriter is hereby authorized, ratified and confirmed. Section 11 . It is hereby covenanted and warranted that the District, and its appropriate officials, have duly taken all proceedings necessary to be taken by them, and will take any additional proceedings necessary to be taken by them, for the levy, collection and enforcement of the Pledged Revenues in accordance with law and for carrying out the provisions of this resolution and the Notes. Section 12 . (A) The District covenants that it shall make all calculations in a reasonable and prudent fashion relating to any rebate of excess investment earnings on the proceeds of the Notes due to the United States Treasury, shall segregate and set aside from lawfully available sources the amount such calculations may indicate may be required to be paid to the United States Treasury and shall otherwise at all times do and perform all acts and things necessary and within its power and authority, including complying with each applicable 6 6051c requirement of Section 103 and Sections 141 through 150 of the Code and complying with the instructions of Bond Counsel referred to in Section 5 hereof, to assure that interest paid on the Notes shall, for the purposes of federal income taxes and California personal income taxation, be excludable from the gross income of the recipients thereof and exempt from such taxation. As part of the performance of the covenant contained in the preceding sentence, promptly after six months from the date of the issuance of the Notes, the District will reasonably and prudently calculate the amount of the Note proceeds which have been expended, with a view to determining whether or not the District has met the safe harbor requirements of Section 148(f) (4) (B) ( ii ) of the Code with respect to the Notes, and if it has not met such safe harbor requirements, it will reasonably and prudently calculate the amount, if any, of investment profits which must be rebated to the United States and will immediately set aside, from revenues attributable to the 1987-88 Fiscal Year or, to the extent not available from such revenues, from any other moneys lawfully available, the amount of any such rebate in the Fund referred to in Section 8 hereof. (B) Notwithstanding any other provision of this Resolution to the contrary, upon the District' s failure to observe, or refusal to comply with, the covenants contained in this Section 12, no one other than the holders or former holders of the Notes shall be entitled to exercise any right or remedy under this Resolution on the basis of the District' s failure to observe, or refusal to comply with, such covenants. (C) The covenants contained in this Section 12 and in Section 8 hereof shall survive the payment of the Notes. Section 13 . The President and the Secretary of the Board of Directors of the District, the Controller of the District and the other appropriate officers of the District are hereby authorized and directed to sell, execute and deliver all of the Notes to the Underwriter, pursuant to the terms and conditions of the Purchase Contract. All actions heretofore taken by the officers and agents of the District or this Board with respect to this sale and issuance of the Notes are hereby approved, confirmed and ratified and the officers and agents of the District and this Board are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Notes in accordance with this resolution. 7 6051c Section 14. The General Manager of the District is hereby authorized and directed to cause notices of the proposed sale and final sale of the Notes to be filed in a timely manner with the California Debt Advisory Commission pursuant to Section 8855 of the Government Code. Section 15 . The provisions of the Notes and of this Resolution shall constitute a contract between the District and the Noteholders, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent jurisdiction, and shall be irrepealable. Section 16. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District, State of California, this 8th day of July, 1987, by the following vote: AYES: DIRECTORS NOES: ABSENT: 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 8 6051c EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, COUNTIES OF SANTA CLARA AND SAN MATEO, CALIFORNIA No. $ FOR VALUE RECEIVED, the Midpeninsula Regional Open Space District (the "District" ) , Counties of Santa Clara and San Mateo, California, acknowledges itself indebted to and promises to pay to the bearer hereof, at the principal office of the Controller of the District in Mountain View, California, the principal sum of DOLLARS ($ in lawful money of the United States of America, on MARCH 3, 1988, together with interest thereon at the rate of PERCENT per annum, computed upon the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money from the date hereof until payment in full of said principal sum. Both the principal of and interest on this Note shall be payable only to the bearer hereof upon surrender of this Note as the same shall fall due; provided, however, no interest shall be payable for any period after maturity during which the bearer hereof fails to properly present this Note for payment. It is hereby certified, recited and declared that this Note is one of an authorized issue of Notes entitled, "Midpeninsula Regional Open Space District, Counties of Santa Clara and San Mateo, California, 1987-1988 Tax and Revenue Anticipation Notes" (the "Notes" ) , in the aggregate principal amount of Two Million Five Hundred Thousand Dollars ($2, 500, 000) , all of like tenor, made, executed and given pursuant to and by authority of a resolution of the Board of Directors of the District (the "Resolution" ) , under and by authority of Article 7. 6, Chapter 4, Part 1, Division 2, Title 5 (commencing with Section 53850) of the California Government Code, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been A-1 6051c performed in regular and due 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 statutes of the State of California. The principal of and interest on the Notes shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the District for the General Fund of the District for the fiscal year 1987-1988 and which are generally available for the payment of current expenses and other obligations of the District ( "unrestricted revenues" ) . As security for the payment of the principal of and interest on the Notes, the District has pledged to deposit in trust in a special fund designated as the "1987-1988 Tax and Revenue Anticipation Note Repayment Fund" (the "Repayment Fund" ) : (i) the first $2, 000, 000 of unrestricted revenues received by the District during the accounting period ending December 31, 1987; (ii ) the first $500, 000 of unrestricted revenues received by the District during the accounting period ending January 29, 1988, together with the amount sufficient to satisfy and make up any deficiency in the amount deposited in the Repayment Fund with respect to the prior accounting period; (iii ) the first unrestricted revenues received by the District during the accounting period ending February 29, 1988, in an amount sufficient (net of earnings on moneys in the Repayment Fund) (x) to satisfy and make up any deficiency in the Repayment Fund with respect to any prior accounting period and (y) to pay the interest on the Notes at maturity. The amounts pledged by the District for deposit into the Repayment Fund from unrestricted revenues received during each indicated accounting period are hereinafter called the "Pledged Revenues. " In the event that there have been insufficient unrestricted revenues received by the District by the ending date of any accounting period to permit the deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be deposited with respect to such accounting period, then the amount of any deficiency in the Repayment Fund shall be satisfied and made up on such ending date from any other moneys of the District lawfully available for the payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856 and 53857 of the Government Code) (the "Other Pledged Moneys" ) or thereafter on a daily basis, when and as such Pledged Revenues and Other Pledged Moneys are received by the District. The Pledged Revenues with respect to the accounting period in which received shall be deposited in the Repayment Fund on or prior to the ending date of each respective A-2 6051c accounting period, and applied as directed in the Resolution. The Other Pledged Moneys, if any, shall be deposited in the Repayment Fund on the ending date of the accounting period, and on each business day thereafter, until the full amount of the moneys required by the second preceding paragraph has been so deposited in the Repayment Fund. The principal of and interest on the Notes shall constitute a first lien and charge on, and shall be payable from, moneys in the Repayment Fund. IN WITNESS WHEREOF, the Midpeninsula Regional Open Space District has caused this Note to be executed by the facsimile signature of the President of the Board of Directors of the District and countersigned by the manual signature of the Controller of the District, and caused a facsimile of the official seal of the District to be imprinted hereon this third day of August, 1987. By President of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) Countersigned: Controller of the Midpeninsula Regional Open Space District I' I i i i A-3 6051c SECRETARY' S CERTIFICATE 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 July 8, 1987, of which meeting all the members of said Board of Directors had due notice and at which a quorem was present. At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: ABSTAIN: An agenda of said meeting was posted at least 72 hours before said meeting at 0 1 California a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. 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, as amended, in full force and effect. Dated: 1987 Secretary of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) 6051c 0 4 4J NEW ISSUE RATING: (See "Rating" herein) 4J.H �4,H0 s4 0.00 a) U 1 4 H 9 In the opinion of Orrick, Herrington & Sutcliffe, Bond Counsel, based z I I Ing on existing laws, regulations, rulings, . and court decisions and assuming, E 0­4 , with among. other matters, compliance h certain covenants described herein, 0 �4 —0 the interest on the Notes is excluded from gross income for federal :Z_4 income tax purposes and is exempt from State of California personal r%J >,(a income taxes. In the opinion of Bond Counsel, interest on the Notes is _4 U not a specific preference item for purposes of the federal individual or $4 r ow (044 corporate alternative minimum taxes, although Bond Counsel observes that it is included in adjusted net book income and adjusted current earnings 0%W 0­1 0 4-4 ro in calculating corporate alternative minimum taxable income. Bond H Ul 0 Counsel expresses no opinion regarding other federal income tax 4J W a) W consequences relating to the accrual or receipt of interest on the rH r,-I S4 Notes. See "Tax Exemption" herein. 04 fO JJ .H 0 E 0 �4 a) :1 JJ a).z $2,500,000 U 0 0 z �i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 4J 4J VJ 41 (Santa Clara and San Mateo Counties, California) 14 i .&.J,J (uw(a 1987-88 TAX AND REVENUE ANTICIPATION NOTES U VI.I.J 4) tn I 0 4­4 .0 U 4J rp a) Dated: August 3, 1987 Due: March 3, 1988 V2 44 S a 4J 0 (D z S4 0 41 The Notes will be issued in denominations of $5,000 and integral (a E'.4 multiples thereof. Principal of and interest on the Notes will be a)0 (a 4J Controller at maturity upon surrender thereof at the office of the it 4J 0 of the District in Mountain View, California. The Notes are not subject to redemption prior to maturity. The Notes will be 4) (a 04 negotiable and nonregistrable. T1 The Notes are payable from taxes, income, revenue, cash receipts and 44 other moneys of the District which are received by or accrued to the General Fund of the District for fiscal year 1987-88 and which are (a 44 a) generally available for the payment of current expenses and other 4J C).c s As security for r. 4 J 5.1 obligations of the District (' unrestricted revenue 0 z hereby of the principal of and interest on the Notes, the District U V]r., ­f­j a) pledges to deposit in trust in a special fund designated as the 4 ro Q "1987-88 Tax and Revenue Anticipation Note Repayment Fund" (the 4J "Repayment Fund") :.H0 " YM (1) the first $2,000,000 of unrestricted revenues 4.J received by the District during the accounting period ending December 31, o r. 1987; (2) the first $500,000 of unrestricted revenues received by the z to 0 0­4 District during the accounting period ending January 29, 1988, together 04 �r 41 44 with the amount sufficient to satisfy and make up any deficiency in the amount deposited in the Repayment Fund with respect to the prior r a r th U) 0 0 accounting period; (3) the first unrestricted evenues received by e 4) H.H District during the accounting period ending February 29, 1988, in an U 4-1 �4 0 rod' amount sufficient (net of earnings on moneys in the Repayment Fund) (a) 0 0 43.r, to satisfy. and make up any deficient in the Repayment Fund with respect 4J 4J_4 TJ U to any prior accounting period and (b) to pay the interest on the Notes r. ­1 at maturity. The amounts pledged by the District for deposit during each fu 0­1 0 44 0 indicated accounting period are hereinafter called the "Pledged Revenues." 4J $4 44 W 0 F= >'o The Notes are direct obligations of the District and, to the extent 41 a) 0 described here, are legal investments for commercial banks in California 0 r $4 44 0 and are eligible to secure deposits of public moneys in California. 4J W rn $4 4.444 V2 a) 04-4 The Notes will be offered when, as and if issued and received by the r-4 ro 0 (a Underwriter, subject to the approval of legality by Orrick, Herrington & (0 0 0 r-j H:D 04 Sutcliffe, San Francisco, California, Bond Counsel. Certain other legal 0) ?c *u -H u w matters will be passed upon for the, District by its General Counsel, .H 4J :3 44 (a W.H Stanley R. Norton, Esq., Palo Alto, California. It is expected that the 44 • Li 41 Notes in definitive form will be available for delivery in New York, New 0 0­4 ZH- York, on or about August 3, 1987. U U �4 W-H-H U Z 4 0 04 Q) PRUDENTIAL-BACHE CAPITAL FUNDING Dated: 1987 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 Nonette G. Hanko, Palo Alto - Director Gerry B. Andeen, Menlo Park - Director (Presently, one position is vacant) District Staff Herbert Grench - General Manager L. Craig Britton - Land Acquisition Manager Michael L. Foster - Controller SPECIAL SERVICES General Counsel Stanley R. Norton, Palo Alto, California Bond Counsel Orrick, Herrington & Sutcliffe, San Francisco, California No dealer, broker, salesperson or other person has been authorized by the District or the Underwriter to give or to make any representations 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 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 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 Notes herein being offered. This Official Statement is submitted in connection with the sale of the Notes referred to herein and may not be reproduced or used, in whole or in part, for any other purpose, unless authorized in writing by the District. i - TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . 1 LEGALITY FOR INVESTMENT . . . . . 16 THE NOTES . . 2 RATING 16 Authority for Issuance . . . 2 LITIGATION . . . . . . . . . . . . 16 Purpose of Issue . . . . . . . 2 UNDERWRITING . . . . . . . . . . . 16 Description of the Notes . . . 2 MISCELLANEOUS . . . . . . . . . . 17 I Security for the Notes . . . . 2 Available Sources of Payment 3 APPENDIX A: , Constitutional Limitations District's Audited Financial of Taxes . . . . . . . . . . 3 Statements for the Year Ended THE DISTRICT . . . . . . . . . . 4 June 30, 1986 Location and Size . . . . . . . 4 Management . . . . . . . . . . 4 APPENDIX B: Objectives and Operations . . . 5 GENERAL AND ECONOMIC INFORMATION Assessed Valuation . . . . . . 6 SANTA CLARA COUNTY AND SAN MATEO Secured and Unsecured COUNTY Tax Levies . . . . . . . . . 7 Introduction . . . . . . . . B-1 DISTRICT FINANCIAL INFORMATION 8 Population . . . . . . . . . B-1 Method of Accounting . . . . . 8 Economic Characteristics B-2 Projected and Actual Cash Flows 11 Construction . . . . . . . . B-6 Sources of Funds . . . . . . . 13 Agriculture . . . . . . . . B-7 Major Uses of Funds . . . . . . 13 Transportation . . . . . . . B-7 Other Outstanding Debt . . . . 14 Education . . . . . . . . . B-8 LEGAL . . . . . . . . . . . . . . 14 N 14 APPENDIX TAX EXEMPTION C • Form of Bond Counsel Opinion I' 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 f MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE NOTES TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AT PRICES LOWER THAN THE PUBLIC OFFERING PRICE STATED ON THE COVER PAGE HEREOF AND SAID PUBLIC OFFERING PRICE MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER. i I __ OFFICIAL STATEMENT $2,500,000 MIDPENINSULA. REGIONAL OPEN SPACE DISTRICT (Santa Clara and San Mateo Counties, California) 1987-88 TAX AND REVENUE ANTICIPATION NOTES INTRODUCTION 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 $2,500,000 principal amount of Midpeninsula Regional Open Space District 1987-88 Tax and Revenue Anticipation Notes (the "Notes") . The Notes are being issued under the authority of Article 7.6, Chapter 4, Part 1, Division 2, Title 5 (commencing with Section 538501) of the California Government Code and under such statute are general obligations of the District, payable solely from taxes, revenues, cash receipts and other moneys of the District attributable to the fiscal year 1987-88 and legally available therefor. The Notes are authorized by a resolution of the Board of Directors of the Midpeninsula Open Space District adopted on July 8, 1987. Proceeds from the sale of the Notes will be used for current general fund expenditures, including current expenses, capital expenditures and the discharge of other obligations of the District. The District may, under existing law, issue the Notes only if the principal of and interest on the Notes will not exceed 85% of the estimated moneys to be received by the District in the fiscal year and legally available for the payment of the Notes. Pursuant to said statute, the District has pledged for the payment of the principal of the Notes and the interest thereon certain unrestricted moneys to be received by the District prior to February 29, 1988. 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 1986-87 assessed valuation within the Counties, exclusive of valuation of redevelopment projects is $34,644,100,000. The total tax revenue the District will be receiving in fiscal year 1987-88 is anticipated to be $7,584,000. Total estimated unrestricted moneys from fiscal year 1987-88 available for the repayment of the Notes is anticipated to be $6,288,000. The_ coverage ratio for repayment of both principal and interest from total estimated general purpose resources exceeds 3.7 to one. -1- THE NOTES Authority for Issuance The Notes are issued under the authority of Article 7.6, Chapter 4, Part 1, Division 2, Title 5 (Commencing with Section 53850) of the California Government Code, and pursuant to a resolution adopted by the Board of Directors on July 8, 1987. Purpose of Issue Issuance of the Notes will provide moneys to meet current (fiscal year 1987-88) general fund expenditures, including current expenses, capital expenditures, and the discharge of other obligations or indebtedness of the District. Description of the Notes The Notes will be issued in the aggregate principal amount of $2,500,000 in nonregistrable, bearer form without coupons, and in the denominations of $5,000 and integral multiples thereof. The Notes will be dated August 3, 1987 and will mature on Match 3, 1988. Principal and interest on the notes will be payable at the office of the District Controller in Mountain View, California. Security for the Notes The Principal amount of the Notes, together with the interest thereon, shall be payable from taxes, revenues and other moneys which are received by the District for the General Fund of the District for fiscal Year 1987-88. As security for the payment of the principal of and interest on the Notes the District has pledged the specific "unrestricted moneys" described on the cover page of the Official Statement (the "Pledged Revenues"). The principal amount of the Notes and the interest thereon shall constitute a first lien and charge against and shall be paid from such Pledged Revenues. To the extent not so paid from the Pledged Revenues, the Notes shall be paid from any other moneys of the District lawfully available therefor. All Pledged Revenues, as and when received, shall be segregated by the District in the 1987-88 Tax and Revenue Anticipation Note Repayment Fund (the "Repayment Fund") for the payment of the principal and the interest on the Notes on March 3, 1988. In the event there are insufficient unrestricted moneys received by the District to permit the deposit in the Repayment Fund of the full amount of the Pledged Revenues to be deposited in any month on the last business -2- day of such month, then the amount of such deficiency shall be satisfied and made up from any other moneys of the District lawfully available for the payment of the Notes and the interest thereon. Amounts deposited in the Repayment Fund shall be applied solely for the purpose of paying the principal of and interest on the Notes, although such amounts shall be invested in investments permitted by the laws of the State of California pending their disbursement. Available Sources of Payment In accordance with California law, the Notes are general obligations of the District, but are payable only out of taxes, income, revenue, cash received and other money of the District attributable to the fiscal year 1987-88 and legally available for payment thereof. The Constitution of the State of California substantially limits the District's ability to levy ad valorem taxes. See "CONSTITUTIONAL LIMITATIONS ON TAXES." The District may, under existing law, issue the Notes only if the principal of and interest on the Notes will not exceed 85% of the estimated moneys legally available for the payment of the Notes. The estimated amount needed to repay the Notes and the interest thereon is approximately $ million. The District estimates that unrestricted funds available for payment of Notes and other obligations will be approximately $15,568,000 as indicated in the following table: ESTIMATED GENERAL PURPOSE RESOURCES AVAILABLE FOR PAYMM OF NOTES Source Amoun Unrestricted Cash Balance as of June 30, 1987 . . . . . . . . $ 6,032,000 Tax Revenues . . . . . . . . . . . . . 7,584,000 Other Income . . . . . . . . . . . . . 1,952,000 Total . . . . . . . . . . . . . . S15,568,000 Source: Midpeninsula Regional Open Space District 1987-88 Proposed Budget Constitutional Limitations on Taxes Article XIIIA of the California Constitution limits taxing power of California public agencies. Article XIIIA provides that the maximum ad valorem tax on real property cannot exceed 1% of "full cash value" of the property, and effectively prohibits the levying of any other ad valorem property tax except for taxes above the level required to pay debt service on voter approved general obligation bonds. "Full cash value" is defined as 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 occured after the 1975 assessment." The "full cash value" is subject to annual adjustment to reflect increases (not to -3- exceed 2%) or decreases in the consumer price index or comparable local data, or to reflect reduction in property value caused by damage, destruction of other factors. 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. The District is composed of the incorporated communities of Palo Alto, Mountain View, Los Altos, Los Altos Hills, Sunnyvale, Cupertino, Saratoga, Monte Sereno, and Los Gatos and adjacent unincorporated areas located in Santa Clara County and the incorporated communities of Woodside, San Carlos, Menlo Park,, East Palo Alto, Atherton, Portola Valley and Redwood City and adjacent unincorporated areas located in San Mateo County. 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. Currently, there -is one vacancy on the Board which is in the process of being filled. -4- The following are the current Board members: Richard S. Bishop, President Nonette G. Hanko, Director Katherine M. Duffy, Vice President Gerry B. Andeen, Director Edward G. Shelley, Treasurer 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 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 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. Approximately 26,000 acres of open space land had been acquired by the District as of June 30, 1987. 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. Assessed Valuation Table 1 shows a detailed summary of the District's assessed valuation 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 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 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. -6- 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 (Excludes Pre-Article XIIIA Tax Override Levy)* Secured Tax Receipts Fiscal Santa Clara San Mateo Total Year County County District 1982/83 $2,312,400 $1,006,300 $3,318,700 1983/84 2,506,100 1,110,300 3,616,400 1984/85 2,781,000 1,219,100 4,000,100 1985/86 3,139,700 1,334,200 4,473,900 1986/87** 3,450,000 1,480,000 4,930,000 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** 512,200 209,200 721,400 5,651,400 The District also receives a share of delinquent taxes, redemption fees, supplemental taxes and State subvention payments received by each County. This revenue totaled $709,500 in 1985/86 and approximately $740,000 in 1986/87. Final, subject to final audit adjustments. Source: District Controller 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 shown.below: -7- 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 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 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 modifications for change in jurisdiction or new incorporations and for 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 valuation within the District. 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. 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. 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 Tables 4 and 5 -8- TABLE 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GENERAL FUND REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE Budget 1982/83 1983/84 1984/85 1985/86 1986/87 REVENUES: 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 1,887,130 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 j 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,Q00 EXCESS OF REVENUES OVER EXPENDITURES (6,464,612) (5,566,508) (1,876,070) (6,068,496) (7,640,580) OTHER FINANCING SOURCES: 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 $ 8,796,033 $ 6,040,737 $ 7,685,157 (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) . 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. -9- TABLE 5 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 and cash investments $3,050,759 $7,230,548 Restricted cash 2,676,552 1,082,900 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 $6,217,162 $65,371,832 $17,420,683 $8,996,593 $57,965,613 $17,576,222 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,T96,033 57,965,613 Total $6,217,169 $65,371,832 $17,420,683 $8,966,593 $57,965.613 $17.576,292 Source: District's Audited Financial Statements i -10- Projected and Actual Cash Flows Cash flows are computed using the monthly anticipated cash need s and beginning fund cash balances including land acquisitions that need to be concluded prior to receipt of tax revenues. Since taxes and revenues are relatively predictable on a month to month basis while land acquisitions are not consistent, short term cash falls occur which are funded from Note proceeds. TABLE 6 GENERAL FUND - CASH FLOW 1986-87 1987-88 Income Balance from prior year $ 8,500,000 Taxes 7,584,000 Note Proceeds 5,235,000 Total Available Cash $ 23,271,000 Disbursements Debt Service $ (3,383,000) Operating Expense (3,100,000) Land Purchase (10,400,000) Total Disbursements $(16,883,000) Ending Cash Balance 6,388,000 Source: District Controller The District's actual (subject to final audit adjustments and audit) monthly cash flow schedules for fiscal year 1986-87 and projected cash flow schedule for fiscal year 1987-88 are summarized in Table 6 and shown in detail in Tables 7 and 8. The cash flows in Table 8 exclude the impact of the Note issue. -11- i TABLE 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MONTHLY CASH FLOW ($000's) FISCAL YEAR 1986-87 JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE Beginning Cash 6,041 14,469 13,891 8,714 7,462 7,542 4,462 4,718 4,485 4,520 8,173 8,116 Tax Revenue 152 58 7 579 277 2,108 488 419 137 1,773 325 735 Grant Income 19 135 30 10 Interest Income 18 1 2 2 181 236 6 (50) 1 43 20 Gifts 100 179 Other Income 16 20 22 17 16 49 62 18 21 14 20 20 Note Proceeds 9,291 800 3,125 Debt Service (683) (39) (499) (53) (120) (2,441) (61) (453) (76) (1,124) (232) (7) Operating Expenses (156) (188) (166) (200) 174) (169 (189) (167) (158 (208) (200) (240 Land Purchases 31 430 5 34 (1,597) 100 (3,061) (50) 25 124 Ending Cash 14,469 13,891 8,714 7,462 7,542 4,462 4,718 4,485 4,520 8,173 8,116 8,500 Required Reserves (3 4 7) ((3,487) 487 3 4 7Z (3,487) (3,325) (3,325) 3 32 Z (3,325) (2,468) 2 4 $Z (2,468) Available Cash 10,982 10,404 5,227 3,975 4,055 1,137 1,393 1,160 1,195 5,705 5,648 6,032 TABLE 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MONTHLY CASH FLOW ($000's) FISCAL YEAR 1987-88 JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE Beginning Cash 8,500 6,947 1,538 (283) (95) 281 2,979 7,943 7,857 6,545 7,016 6,552 Tax Revenue 150 80 10 635 310 2,380 565 365 160 1,850 350 729 Grant Income 320 740 Interest Income 100 40 30 90 40 Gifts 130 80 Other Income 25 20 20 20 20 90 90 20 20 20 20 17 Note Proceeds 435 4,800 Debt Service (578) (59) (1,011) (97) (74) (282) (11) (121) (612) (509) (24) (5) Operating Expenses (250) (250) (250) 250) (240) (230) 230) 230 (280) 290) (300) (300) Land Purchases 900 (5,300) (1,105) 200 250 100 600 600 600 74 Ending Cash 6,947 1,538 (283) (95) 281 2,979 7,943 7,907 6,545 7,016 6,552 6,288 Required Reserves (2,468) (2,468) 1 9 7Z (1,997) (1,997) (2,563) (2,958) (2,958) 2 3 2 08 (3,089) (3,089) Available Cash 4,479 (930) (2,280) (2,092) (1,716) 416 4,985 4,949 4,153 3,927 3,463 3,199 I -12- 4 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 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). I State and Federal Grants. Over the last four years, the District has received an average of over $750,000 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 over $4.6 million in gifts over the last four years. These gifts are generally in cash and are used to fund portions of specific land acquisitions or site developments. The District's 1987/88 Budget estimates cash receipts from grants and gifts of land at $1,060,000, which amount represents grants and gifts for i approval, pending h completion which he District has received a ova e d the co etion of land t PP � P g P acquisition and site development. In general, the District only budgets rant and gift revenues when the source and amount of the rant or gift g g �IIII have been reasonably assured. Major Uses of Funds 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 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 1986/87 approximately $11 million, or 58% of total District expenditures were for the acquisition of new open _space lands. Approximately 5,030 acres were acquired in 1986/87. -13- Other Outstanding Debt I As of June 30, 1987, the District had outstanding indebtedness in the aggregate principal amount of $28,287,284, consisting of the 1987 Promissory Notes, Pre-Article XIIIA promissory notes, land contract notes. The District has never defaulted on any of its debt. 1987 Promissory Notes. In April 1987, pursuant to Resolution 87-09 adopted by the Board of Directors of the District on March 25, 1987 (the "1987 Resolution"), the District sold the 1987 Notes in the aggregate principal amount of $21,200,000 to advance refund previously issued Notes; to prepay certain land contract notes; and to finance the acquisition of open space land. The outstanding 1987 Notes mature serially through March 1, 1997 and bear interest at rates ranging from 4.7% to 5.85% per annum. j Land Contract Notes. As of June 30, 1987, the District had $6,627,284 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 Notes being offered herein (and the outstanding 1987 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. Of these notes, 29 have been totally retired. LEGAL All legal proceedings in connection with the issuance of the Notes ar e e subject to the approval of Orrick, Herrington & Sutcliffe, San III Francisco, California, Bond Counsel. The opinion of Orrick, Herrington & Sutcliffe, attesting to the validity of the Notes, will be supplied free of charge to the original purchasers of the Notes. A copy of the legal opinion will be printed on each Note. See Appendix C for the form of P P PP Bond Counsel Opinion. Certain legal matters will be passed upon for the District by Stanley R. Norton, Esq., General Counsel to the District TAX EXEMPTION In the opinion of Orrick, Herrington & Sutcliffe, Bond Counsel, based on existing laws, regulations, rulings, and court decisions, interest on -14- the Notes is exempt from present California personal income taxes, and assuming compliance with certain covenants contained in the Resolution, interest on the 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 Notes. The District has covenanted to comply with certain restrictions designed to ensure that interest on the Notes will not be included in federal gross income. Failure to comply with these covenants may result in interest on the Notes being included in federal gross income, possibly from the date of issuance of the Notes. The opinion of Bond Counsel assumes compliance with the covenants. Bond Counsel has not undertaken to determine (or to informing person) whether any actions taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Notes may affect the tax status of interest on the Notes. Bond Counsel is further of the opinion that interest on the Notes is not a specific preference item for purposes of federal individual or corporate alternative minimum taxes. However, Bond Counsel observes that interest on the Notes is included in adjusted net book income and adjusted current earnings in calculating corporate alternative minimum taxable income. Although Bond Counsel has rendered an opinion that interest on the Notes is excluded from federal gross income, the accrual or receipt of interest on the Notes may otherwise affect the federal tax liability of the recipient. The nature and extent of these other tax consequences will depend on the recipient's particular tax status and other items of income or deduction. Bond Counsel expresses no opinion regarding any such other tax consequences. One of the covenants of the District referred to above requires the District to reasonably and prudently calculate the amount, if any, of investment profits which must be rebated to the united States, to set aside from lawfully available sources sufficient moneys to pay such amounts and to otherwise do all things necessary and within its power and authority to assure that interest on the Notes is excluded from gross income for federal income tax purposes. Under the Code, if the District spends more than 90% of the proceeds of the Notes within six months after issuance, there is no requirement that there be a rebate of investment profits in order for interest on the Notes to be excluded from gross income for federal income tax purposes. The Code also provides that such proceeds are not deemed spent until all other available moneys are spent. The District expects to satisfy this expenditure test or, if it fails to do so, to make any required rebate payment from moneys attributable to the 1987-88 fiscal year. To the extent that any rebate cannot be paid from such moneys, the law of California is unclear as to whether such covenant would require the District to pay any such rebate. This would be an issue only if it were determined that the District's calculations of expenditures of Note proceeds or of rebatable arbitrage profits, if any, were incorrect. -15- I III II LEGALITY FOR INVESTMENT I I The 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 a ce companies an d d trust companies. The Notes r P p are eligible as security for deposits of public moneys in California. I Ii RATING i As noted on the cover page of this Official Statement, Moody's Investor Service (the "Rating Agency") has given the 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 Notes. LITIGATION I I There is no litigation pending concerning the validity of the 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 Notes will be purchased from the District by Prudential-Bache Securities Inc. as underwriter (the "Underwriter") under a Purchase Contract dated 1987, pursuant to which the Underwriter agrees to purchase all of the Notes for an aggregate purchase price of $ plus accrued interest, if any, from 1987 to the delivery date thereof. -16- I The initial public offering price may be changed from time to time by the Underwriter. The Underwriter may offer and sell the Notes to certain dealers (including dealers depositing Notes into investment trusts), dealer banks, banks acting as agents and others 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. 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 Notes. Neither the members of the Board of Directors nor the officers or employees of the District are liable personally on the 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 I By: sl Richard y _ c and S. Bishop Richard S. Bishop II� President of the Board of Directors By: Isl Herbert tGrnech Herbert Grench General Manager Dated: 1987 -17- i APPENDIX B GENERAL AND ECONOMIC INFORMATION SANTA CLARA COUNTr AND SAN MATEO COUNTY Introduction 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. San Mateo County is located on the San Francisco Peninsula. The 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. Transportation facilities in the Counties include San Francisco International Airport, a small deepwater port in Redwood City and freeway 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 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 since 1960, and between 1960 and 1984, Santa Clara County's population has more than doubled. B-1 I 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. Table 9 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. TABLE 9 POPULATION STATISTICS SAN MATEO AND SANTA CLARA COUNTIES 1982 1983 1984 1985 1986 Midpeninsula Regional Open Space District(l) 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 Source: (1) Midpeninsula Regional Open Space District jl (2) California State Department of Finance, Population Research 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 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 Santa Clara County, such as wholesale and retail trade, services and construction is related to the growth of the high technology industries. i San Mateo County's diversified economy includes construction, 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 B-2 i i i i San Mateo County over the past decade have been the high technology and office sectors. The San Francisco Bay Area's principal airport, San Francisco International Airport, is located within San Mateo County. Table 10 shows the actual unemployment rates for both Counties for 1982 through 1986. TABLE 10 CIVILIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT SAN MATEO AND SANTA CLARA COUNTIES Annual Averages (1982 - 1986) Santa Clara County 1982 1983 1984 1985 1986 Civilian Labor Force(l) 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 1982 1983 1984 1985 1986 Civilian Labor Force(l) 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. (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. Source: State of California Health and Welfare Agency, Employment Data and Research Taxable sales and the number of sales permits issued in each County since 1980 are shown in Table 11. Both the number of permits issued and the total valuation of taxable transactions have increased each year. Major commercial centers located in the Counties include the Stanford Shopping Center in Palo Alto, Eastridgq 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. B-3 TABLE 11 TAXABLE SALES AND NUMBER OF SALES PERMITS SAN MATEO AND SANTA CLARA COUNTIES 000's) Santa Clara County San Mateo County No. of Taxable Percent No. of Taxable Percent Year Permits Sales Increase Permits Sales Increase 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 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(1) 44,391 10,142.9 21,130 4,592.6 (1) Through third quarter only. Source: California State Board of Equalization Major employers in each County, ranked by employment size, are shown in Table 12. 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 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. B-4 I TABLE 12 MAJOR EMPLOYERS AS OF 1987 SANTA CLARA AND SAN MATEO COUNTIES (Firms Ranked by Employment Size) Employers Location No. of Employees 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 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 Amdahl Sunnyvale 3,800 Westinghouse Corporation Sunnyvale 3,200 General Electric Company San Jose 3,000 i SAN MATEO COUNTY: United Airlines San Francisco Int'1 Airport 8,000 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 u a osp tal Burlingame 1,325 American Airlines San Francisco Intl Airport 1,300 Dalmo Victor (Textron) Belmont 1,250 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 f Kaiser Foundation Hospital Redwood City 11000 Kaiser 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 II� r Construction Table 13 shows building permit activity in the Counties during the last five years. Table 13 BUILDING PERMIT VALUATION ($ 000's) Through November Type 1981 1982 1983 1984 1985 1986 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 1 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 MAIM $1,727,878 $L 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 1,080 3,471 5,641 4,012 Total Units 3,702 7,305 2,942 7,260 9,468 6,920 SAN MATEO COUNTY: Residential• 1 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 1 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 1,198 Other 14,049 17,262 18,416 10,097 18,839 559 Additions/alterations 53,518 87,742 59,601 78,737 98,048 5,009 Total Non-Residential $229,386 $186,368 $164,242 $193,441 $343,772 $ 8,086 TOTAL VALUATION $371,177 288,844 $410,255 $588,002 $343,?95 Number of New Dwelling Units Single dwellings 593 677 317 816 1,213 11199 Multi-dwellings 391 434 568 1,193 862 11911 Total Units 984 1,111 885 2,009 2,075 3,110 j Source: Security Pacific Corporation, The Economics Group: "California Building Permit Activity" ' B-6 i it Agriculture 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 County. 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 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") B-7 provides passenger rail service within Contra Costa, Alameda, San Francisco and northern San Mateo Counties. 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 International 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 transportation complex of the San Francisco Bay; major ports include the Port of Oakland, Port of San Francisco, and Port of Redwood City. Education In 1986 approximately 219,523 students attended classes in Santa Clara County's 226 elementary, 50 middle and 42 secondary public schools. In San Mateo County about 75,335 students attended schools administered by 127 elementary, 23 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. B-8 I $2,500,000 Midpeninsula Regional Open Space District STATE OF CALIFORNIA 1987-88 TAX AND REVENUE ANTICIPATION NOTES NOTE PURCHASE AGREEMENT Midpeninsula Regional Open Space District Old Mill Office Center, Building C 210 San Antonio Circle, Suite 135 Mountain View, California 94040 Ladies and Gentlemen: The undersigned (the "Underwriter") acting on behalf of ourselves, offer to enter into this agreement with the Midpeninsula Regional Open Space District (the "District") which, upon acceptance hereof, will be binding upon the District and the Underwriter. This offer is made subject to the written acceptance of this Note Purchase Agreement by the District and delivery of such acceptance to us at or prior to 11:59 P.M. , Pacific Time, on the date hereof . 1. Purchase and Sale of the Notes . Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $2,500,000 in aggregate principal amount of the District' s 1987-88 Tax and Revenue Anticipation Notes (the "Notes") . The Notes shall bear interest at a rate of % per annum, such interest being payable at maturity. The Underwriter shall purchase the Notes at an aggregate discount of $ from the initial public offering price set forth on the cover page of the Official Statement L relating to the Notes . 2. The Notes, The Notes shall be dated August 3, 1987, shall mature on March 3, 1988 and shall otherwise be as -1- _ e described in, and shall be issued and secured pursuant to the provisions of the Resolution of the District adopted on July 8, 1987 (the "Note Resolution") and Article 7. 6 Chapter 4, Part 1 Division 2, Title 5 (commencing with Section 53850) of the California Government Code (The "Act") . 3 . Use of Documents . The District hereby authorizes the Underwriter to use in connection with the offer and sale of the Notes, in a form to be jointly approved by the District and the Underwriter, this Note Purchase Agreement, the Note Resolution and the Official Statement, and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Note Purchase Agreement. 4 . Public Offering of the Notes . The Underwriter agrees to make a bona fide public offering of all the Notes at the initial public offering price or yield to be 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 price or yield as it deems necessary in connection with the marketing of the Notes 5 . Deliver f he Offi ial Statement. Prior to the y o t G St e , closing, the District shall deliver to the Underwriter three copies of the Official Statement in form satisfactory to the Underwriter, duly executed on behalf of the District, and, as promptly as practical thereafter, such reasonable number of conformed copies as the Underwriter shall request. The Underwriter agrees that it will not confirm the sales of any Notes unless the confirmation of sales is accompanied or preceded by the delivery of a copy of the Official Statement. 6 . Closing. At 9 :00 A.M. , Pacific Time, on August 3 , 1987 or at such other time or on such other date as shall have been mutually agreed upon by the District and the Underwriter (the "Closing") , the District will deliver, at our office in San Francisco, California, or at such other place as we may mutually agree upon, the Notes in definitive form, duly executed, together with the other documents hereinafter mentioned, and we will accept such delivery and pay the purchase price thereof in immediately available funds to the order of the District. The j Notes will be made available for checking and packaging at the place of Closing, two business days prior to the Closing. The Notes shall be in bearer form in denominations designated by us at least five business days prior to the Closing. Not withstanding anything to the contrary herein contained, if for any reason whatsoever the Notes shall not have been delivered by the District to the Underwriter prior to the close of the business, Pacific Time on 1987, then the obligation to purchase Notes hereunder shall terminate and be of no further -2- force or effect except with respect to the obligations of the District and the Underwriter under Section 11 hereof . 7 . Representations. Warranties and Agreements of the District . The District hereby represents, warrants and agrees with the Underwriter that: (A) The District is a municipal corporation duly organized and validly existing under the laws of the State of California, with the power to issue the Notes pursuant to the Act. (B) (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the Notes; (ii) the District has full legal right, power and authority to enter into this Note Purchase Agreement and to adopt the Note Resolution and full legal right, power and authority to issue and deliver the Notes to the Underwriter and to perform its obligations under each such document or instrument, and to carry out and effectuate the transactions contemplated by this Note Purchase Agreement and the Note Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the Notes, the Notes Resolution and this Note Purchase Agreement have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Note Purchase Agreement constitutes a binding obligation of the District; and (v) id and legally b 9 valid 9 9 Y the District had duly authorized the consummation by it of all trans actions contemplated by this Note Purchase Agreement . C No consent, approval, authorization, order, filing registration, qualification, election or referendum, of or by any person, organization, court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the Notes or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary 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. (D) The District has complied in all respects with the Act. (E) The issuance of the Notes, the execution, delivery and performance of this Note Purchase Agreement, the Note Resolution and the Notes, and compliance with the provisions hereof do not conflict with or constitute on the part of the District a violation of or default under, the Constitution of the State of California or any existing law, charter, ordinance, regulation, decree, order or resolution and do conflict with or result in a -3- I violation or breach of, or constitute a default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. (F) As of the time of acceptance hereof, no action, suit, proceeding, hearing or investigation is pending or (to the knowledge of the District) threatened against the District: M in any way affecting the existence of the District, in any way challenging the respective powers of the several offices or the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the Notes, the application of the proceeds of the sale of the Notes, or the collection of revenues or assets of the District pledged or to be pledged or available to pay the principal of and interest on the Notes, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Notes, this Note Purchase Agreement or the Note Resolution contesting the powers of the District or its authority with respect to the Notes, the Notes Resolution or this Note Purchase Agreement; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the District or the consummation of the transactions contemplated by this Note Purchase Agreement or the Note Resolution, (b) declare this Note Purchase Agreement to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exemption of the interest paid on the Notes from federal income and California personal income taxation. (G) Between the date hereof and the Closing, without the prior written consent of the Underwriter, the District will not have issued any bonds, notes or other obligations for borrowed money except for such borrowing as may be described in or contemplated by the Official Statement. (H) The District has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the District is a bond issuer whose arbitrage certificates may not be relied upon. (I) Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation and warranty by the District, to the Underwriter, as to the statements made therein but not of the person signing the same. 8 . Covenants of the District. The District covenants and agrees with the Underwriter that: (A) The District will furnish such information, execute such instruments, and take such other action in cooperation with the -4- Underwriter, if the Underwriter may reasonably request that in order to qualify the Notes for offer and sale under the Blue Sky or other securities laws and regulations or such states and jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for distributions of the Notes provided that the District is not required to subject itself to any service or process of any jurisdiction of which it is not so subject; (B) The District will apply the proceeds from the sale of the Notes for the purposes specified in the Note Resolution; and (C) For a period of 90 days after the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the Notes for sale, the District will (a) not adopt any amendment of or supplement to the Official Statement to which, after having been furnished with a copy, the Underwriter shall object in writing or which shall be disapproved by 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 Official Statement not misleading in light of the circumstances existing at the time it is delivered to a purchaser, forthwith prepare and furnish (at the expense of the District) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will amend or supplement the Official Statement so that it will not contain 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. 9 . Conditions and Closing. The Underwriter has entered into this Note Purchase Agreement in reliance upon the representations and warranties of the District contained herein j and the performance by the District of its obligations hereunder, both as of a date hereof and as of the date of Closing. The Underwriter' s obligations under this Note Purchase Agreement are and shall be subject, at the option of the Underwriter, to the following further conditions at the Closing; (A) The representations and warranties of the District contained herein shall be true and correct in all material respects at the date hereof and at and as of the Closing, as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true and correct in all material respects on the date of the Closing; and the District shall be in compliance with each of the agreements made by it in this Note Purchase Agreement; -5- (B) At the time of the Closing, (i) the Official Statement, this Note Purchase Agreement and the Note Resolution shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Act which, in the opinion of the firm Orrick, Herrington & Sutcliffe of San Francisco, California, Bond Counsel ("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 (iii) the District shall perform or have performed all of its obligations required under or specified in the Note Resolution, this Note Purchase Agreement and the Official Statement to be performed at or prior to the Closing; (C) No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Note Purchase Agreement (and not reversed on appeal or otherwise set aside) , or to the best knowledge of the District, pending or threatened which has any of the effects described in Section 7 (F) hereof or contesting in any way the completeness or accuracy of the Official Statement (D) No order, decree or injunction of any court of competent jurisdiction, nor any order, ruling or regulation of the Securities and Exchange Commission, shall have been issued or made with the purpose or effect of prohibiting the issuance, offering or sale of the Notes as contemplated hereby and no legislation shall have been enacted, or a bill favorably reported for adoption, or a decision by a court established under Article III of the Constitution of the United States rendered, or a ruling, regulation, proposed regulation or official statement by or on behalf of the Securities and Exchange Commission or other governmental agency having jurisdiction of the subject matter shall be made or issued, to the effect that the Notes or any securities of the District or of any similar body of the type contemplated herein are not exempt from the registration, qualification or other requirements of the Securities Act of 1933, as amended and as then in effect, or the Trust Indenture Act of 1939, as amended and as therein effect; (E) At or prior to the date of the Closing; the Underwriter shall receive three copies of the following documents in each case dated as the closing date and satisfactory in form and substance to the Underwriter: (i) an approving opinion of Bond Counsel, as to the Notes addressed the District; (ii) a letter setting forth that the Underwriter can rely upon the approving opinion of the Bond Counsel; and (iii) the opinion of the Attorney of the District, addressed to the Underwriter, to the effect that without having undertaken to determine independently the accuracy or completeness of the statements contained in the -6- Ili Official Statement, but on the basis of their conferences with the representatives of the District, and their examination of certain documents referred to in the Official Statement, nothing has come to their attention which would lead them to believe that the Official Statement contains an untrue statement as to a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, it being understood that in rendering such opinions of the Attorney of the District shall not be required to express an opinion with respect to any financial statements or other financial or statistical data included in the Official Statement . (4) A certificate signed by an appropiate District official to the effect that (i) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing; (ii) the District has complied with all the terms of the Note Resolution and this Note Purchase Agreement to be complied with by the District prior to or concurrently with the Closing and such documents are in full force and effect; (iii) there is no action, suit proceeding, inquiry or investigation, at law or in equity, before or by any court or public body, pending, or to his or her knowledge, threatened against the District which has any of the effects described in Section 7 (F) hereof or contesting in any way the completeness or accuracy of the Official Statement (but in lieu of or in conjunction with such certifications the Underwriter may, at its sole discretion, accept certificates or opinions of the Attorney of the District or Bond Counsel, that in their opinion the issues raised in any such pending or threatened litigation are without substance and that the contentions of all plaintiffs therein are without merit) ; and (iv) such official has reviewed the Official Statement and on such basis certifies that the Official Statement does not contain any untrue statement of a material fact required to be sated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading. (5) An arbitrage certificate of the District in form satisfactory to Bond Counsel; (6) A certificate, together with fully executed copies of the Note Resolution, of the District Clerk to the effect that: (i) such copies are true correct copies of the Note Resolution; and (ii) that the Note Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the closing. (7) Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter -7- may reasonably request to evidence compliance (i) by the District with legal requirements (ii) the truth and accuracy, as of the time of Closing, of the representations of the District herein contained and of the Official Statement and (iii) the due performance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. If the District shall be unable to satisfy the conditions to the Underwriter ' s obligations contained in this Note Purchase Agreement or if the Underwriter ' s obligations shall be terminated for any reason permitted by this Note Purchase Agreement, this Note Purchase Agreement may be cancelled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the District in writing, or by telephone or telegraph confirmed in writing. Notwithstanding any provision herein to the contrary, the performancy of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. The Underwriter shall also have the right to cancel its obligation to purchase the Notes, by written notice to the District, if between the date hereof and the closing: (i) any event occurs or information becomes known, which in the reasonable professional judgment of the Underwriter, makes untrue any statement of material fact set forth in the Official Statement or results in an ommission to state a material fact set forth in the official Statement or results in an omission to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading; (ii) the market 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 professional judgment of the Underwriter, by (a) legislation II� enacted by the Congress of the United States, or passed by either House of the Congress, or favorably reported for passage to either House of the Congress, by any Committee of such House to which such legislation has been referred for consideration, or by the legislature of the State of California (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, or regulation (final or temporary) made by the Treasury Department of the United States of the Internal Revenue Service or other federal or State authority, which would have the effect of changing, directly or indirectly, the federal income tax consequences or State tax consequences of interest on obligations of the general character of the Notes in the hands of the holders thereof, or (b) any new outbreak of hostilities or other national or international calamity or crisis, the -8- effect of such outbreak on the financial market of the United States such as, in the judgment of the Underwriter, would affect materially and adversely the ability of the Underwriter to market 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 or a determination by that Exchange or by order of the Securities and Exchange Commissions or any other governmental authority having jurisdiction, or (d) a general banking moratorium declared by either federal or State authorities having jurisdiction; or (iii) additional material restrictions not in force or being enforced as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which, in the opinion of the Underwriter, materially adversely affect the market price for the Notes . 10 . Conditions and Obligations of - the -District. The performance by the District of its obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other that the District . 11. Expenses . The Underwriter, on behalf of the District, shall pay expenses incident to the performance of its obligations hereunder to include the following; (i) the cost of the preparation, printing and delivery of the Notes; (ii) the fees, if any, for Note ratings: (iii) the cost of the printing and distribution of the Official Statement; (iv) any cost or expenses incurred with any signature company incident to signing the Notes, and (v) costs of preparation and reproduction of this Note Purchase Agreement. 12. Notice. Any notice or other communication to be given under this Note Purchase Agreement (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing if to the District, to Michael L. Foster, Controller, Midpeninsula Regional Open Space District, old Mill office Center, Building C. 210 San Antonio Circle, Suite 135 Mountain View, California 94040 or if to the Underwriter, to Douglas L. Charchenko, First Vice President, Prudential-Bache Capital Funding, One Embarcadero Center, Suite 2202, San Francisco, California 94111. 13 . Parties in Interest: Survival of Representation and Warranties . This Note Purchase Agreement when accepted by the District in writing as heretofore specified shall constitute the entire agreement between the District and the Underwriter. This Note Purchase Agreement is made between the District and the -9- Underwriter. This Note Purchase Agreement is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter) . No person shall acquire or have any rights hereunder or by virtue hereof. All representational warranties and agreements of the District in this Note Purchase Agreement shall survive regardless of (a) any investigation or any statement in respect therefor made by or on behalf of the Underwriter, (b) delivery or and payment by the Underwriters for the Notes hereunder, and (c) any termination of this Note Purchase Agreement . 14 . Execution in Counterparts . This Note Purchase Agreement may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute one and the same document. 15 . Applicable Law. This Note Purchase Agreement shall be interpreted, governed and enforced in accordance with the law of the State of California. Very truly yours, PRUDENTIAL-BACHE CAPITAL FUNDING By: Douglas L. Charchenko First Vice President The foregoing is hereby agreed to and accepted as of the date first above written: THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Richard S. Bishop President of the Board of Directors By: Herbert A. Grench General Manager -10- R-87-108 (Meeting 87-15 July 8 , 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 8, 1987 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Changes to Tax and Revenue Anticipation Note Resolution Attached is a mark-up copy showing proposed changes to the note resolution that was sent to you in the meeting packet (see report R-87-99 of June 29 , 1987) . The changes reflect the fact that the Notes are to be paid on a parity basis with the 1987 Promissory Notes and other obligations of the District payable on a parity with such 1987 Notes. You will be asked to adopt the revised Resolution (in unannotated form) . r (Rev. —1) fi denotes deletion underline denotes addition i BOARD OF DIRECTORS j MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COUNTIES OF SANTA CLARA AND SAN MATEO, CALIFORNIA RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1987-1988 AND THE ISSUANCE AND SALE OF 1987-1988 TAX AND REVENUE ANTICIPATION R I N NOTES THEREFOR, AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE CONTRACT, AND APPROVING AN OFFICIAL STATEMENT RELATING THERETO RESOLUTION NO. WHEREAS pursuant to Sections 53850 et se . of the . r s California Government Code (the "Government Code" ) (being Article 7. 6, Chapter 4, Part 1, Division 2, Title 5 of the Government Code) , this Board of Directors (the "Board" ) has found and determined that the sum of Two Million Five Hundred Thousand Dollars ($2, 500, 000) is needed for the requirements of the Midpeninsula Regional Open Space District (the "District" ) to satisfy obligations payable from the General Fund of the District, and that it is necessary that said sum be borrowed for such purpose at this time by the issuance of temporary notes therefor in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988; and WHEREAS, the District intends to borrow, for the purposes set forth above, Two Million Five Hundred Thousand Dollars ($2, 500, 000) by the issuance of the Notes, as hereinafter defined; and WHEREAS, it appears, and the Board hereby finds and determines, that said sum of Two Million Five Hundred Thousand Dollars ($2, 500,000) , when added to the estimated interest payable thereon, does not exceed eighty-five per cent (85%) of the estimated amount of the uncollected taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988, and available for the payment of the principal of the Notes and the interest thereon; and WHEREAS, no money has heretofore been borrowed by the District through the issuance of any temporary notes 6051c J excluding the outstanding promissory notes of the District) in anticipation of the receipt of, or payable or secured by, taxes, income, revenue, cash receipts or other moneys of the District received or accrued during or allocable to Fiscal Year 1987-1988; and WHEREAS, pursuant to Section 53856 of the Government Code, certain moneys of the District which will be received for or accrued to the General Fund during or allocable to Fiscal Year 1987-1988 can be pledged for the payment of the principal of said Notes and the interest thereon (as hereinafter provided) ; and WHEREAS, Prudential Bach Securities, Inc. (the "Underwriter" ) has submitted an offer to purchase said Notes and has submitted a form of Contract of Purchase (the "Purchase Contract" ) to the Board; NOW, THEREFORE, the Board hereby finds, determines, declares and resolves as follows: Section 1 . All of the above recitals are true and correct, and the Board so finds and determines. Section 2 . Solely for the purpose of anticipating taxes, income, revenue, cash receipts and other moneys of the District to be received for or accrued to the General Fund of the District during or allocable to Fiscal Year 1987-1988, and not pursuant to any common plan of financing, the District hereby determines to and shall borrow the aggregate principal amount of Two Million Five Hundred Thousand Dollars ($2, 500, 000) by the issuance of temporary notes under Sections 53850 et seq. of the Government Code, designated "Midpeninsula Regional Open Space District, Counties of Santa Clara and San Mateo, California, 1987-1988 Tax and Revenue Anticipation Notes" (the "Notes" ) . The Notes shall be numbered from fliff consecutively upward in order of issuance, shall be in the denomination of $5, 000 or any integral multiple thereof, as specified by the Underwriter, shall be dated August 3, 1987, shall mature (without option of prior redemption) on March 3, 1988, and shall bear interest, payable at maturity and computed upon the basis of a 360-day year, consisting of twelve 30-day months, at the rate determined in accordance with the Purchase Contract. Both the principal of and interest on the Notes shall be payable, only to the holders of the Notes upon surrender thereof, in lawful money of the United States of America, at the office of the Controller of the District, in Mountain View, California. Section 3 . The Notes shall be issued without coupons and shall be substantially in the form and substance 2 6051c set forth in Exhibit A attached hereto and by reference incorporated herein, the blanks in said form to be filled in with appropriate words and figures. Section 4. The General Manager of the District, with the advice and consent of the Controller of the District, is hereby authorized and directed to negotiate, with the Underwriter, an interest rate, not to exceed six percent (6%) per annum, on the Notes, and the price to be paid to the District upon the initial issuance of the Notes, which shall not be less than 98% of the aggregate principal amount thereof, and if such interest rate and price are acceptable to the General Manager and the Controller of the District, the President of the Board of Directors of the District is hereby authorized and directed to execute and deliver the Purchase Contract, substantially in the form on file with the Secretary of the District, for and in the name and on behalf of the District 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. Section 5. The proceeds of the sale of the Notes, together with earnings thereon, shall be deposited as received in a special fund designated as "1987-1988 Tax and Revenue Anticipation Note Proceeds Fund" (the "Proceeds Fund" ) . Amounts held in the Proceeds Fund shall be invested as permitted by Section 53601 (except Section (m) or, after January 1, 1988, ( 1) ) of the Government Code; provided that no such investments shall have a maturity later than the date that it is anticipated that such amounts will be required to be expended and such amounts shall not be commingled with any other funds of the District. Amounts in the Proceeds Fund shall be withdrawn and expended by the District for any purpose for which the District is authorized to expend funds from the General Fund of the District, but only after exhausting funds otherwise available for such purposes (which are not restricted funds) and only to the extent that on any given day such other funds are not then available. If on the date that is six months from the date of issuance of the Notes, amounts previously withdrawn from the Proceeds Fund do not exceed ninety percent (90%) of the principal amount of the Notes, the District shall promptly notify Orrick, Herrington & Sutcliffe ( "Bond Counsel" ) and, to the extent of its power and authority, comply with the instructions from Bond Counsel as to the means 3 6051c of satisfying the rebate requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code" ) . If on the date that is six months from the date of issuance of the Notes amounts previously withdrawn from the Proceeds Fund exceed ninety percent (90%) of the principal amount of the Notes, the District may transfer all amounts on deposit in the Proceeds Fund to the General Fund to be used and expended by the District for any purpose for which it is authorized to expend funds from the General Fund of the District. Section 6. (A) The principal of and interest on the Notes shall be payable from taxes, income, revenue, cash receipts and other moneys of the District which are received by or accrued to the General Fund of the District for Fiscal Year 1987-1988 and which are generally available for the payment of current expenses and other obligations of the District ( "unrestricted revenues" ) _ on a parity basis with the outstanding 1987 Promissory Notes of the District,- dated as of April 1, 1987 and other obligations of the District payable on -a parity wit R--tE-e1987 Promissory Notes (the "Parity Obligations" ) . (B) As security for the payment of the principal of and interest on the Notes and subject to the amounts that are required to be set aside on a parity basis for payment of the Parity Obligations, the District hereby pledges to deposit in trust in a special fund designated as the "1987-1988 Tax and Revenue Anticipation Note Repayment Fund" (the "Repayment Fund" ) : (i ) the first Two Million Dollars ($2, 000, 000) of unrestricted revenues received by the District during the accounting period ending December 31, 1987; (ii ) the first Five Hundred Thousand Dollars ($500, 000) of unrestricted revenues received by the District during the accounting period ending January 29, 1988, together with the amount sufficient to satisfy and make up any deficiency in the amount deposited in the Repayment Fund with respect to the prior accounting period; (iii ) the first unrestricted revenues received by the District during the accounting period ending February 29, 1988, in an amount sufficient (net of earnings on moneys in the Repayment Fund) (x) to satisfy and make up any deficiency in the Repayment Fund with respect to any prior accounting period and (y) to pay the interest on the Notes at maturity. The amounts pledged by the District for deposit into the Repayment Fund from unrestricted revenues received during each indicated accounting period are hereinafter called the "Pledged Revenues" and are to be deposited in the Repayment Fund on a parity basis with the amounts required to be se aside for payment of the Parity Obligations. (C) In the event that there have been insufficient unrestricted revenues received by the District by the ending 4 6051c ----- - - -- -- - - - - - ------ date of any accounting period to permit the deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be deposited with respect to such accounting period, then the amount of any deficiency in the Repayment Fund shall be satisfied and made up on such ending date from any other moneys of the District lawfully available for the payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856 and 53857 of the Government Code) (the "Other Pledged Moneys" ) or thereafter on a daily basis, when and as such Pledged Revenues and Other Pledged Moneys are received by the District. Section 7. (A) The Pledged Revenues with respect to the accounting period in which received shall be deposited in the Repayment Fund on or before the ending date of each respective accounting period, and applied as directed in this Resolution. The Other Pledged Moneys, if any, shall be deposited in the Repayment Fund on the ending date of the accounting period, and on each business day thereafter, until the full amount of the moneys required by Section 6(B) has been so deposited in the Repayment Fund. The principal of and interest on the Notes shall constitute a first lien and charge on, and shall be payable from, moneys in the Repayment Fund. The Repayment Fund shall be held by the Treasurer of the District. If on the date that is six months from the date of issuance of the Notes, amounts previously withdrawn from the Proceeds Fund do not exceed ninety percent (90%) of the principal amount of the Notes, the amounts to be deposited in the Repayment Fund during the accounting periods in which received shall be deposited as soon as received. Moneys in the Repayment Fund shall be applied only as hereinafter in this Section 7 provided. (B) The Treasurer shall arrange for the Controller to have available on March 3, 1988 an amount in immediately available funds sufficient to pay the principal of and interest on the Notes. Any excess moneys remaining in the Repayment Fund after payment of the Notes, or after provision for such payment has been made, shall be transferred to the General Fund of the District. (C) Moneys in the Repayment Fund shall be invested as permitted by Section 53601 of the Government Code, provided that no moneys shall be invested in investments permitted by subsections (i ) (to the extent that subsection (i ) applies to reverse repurchase agreements) , (m) or, after January 1, 1988, ( 1) of said Section 53601, and no such investments shall have a maturity date later than the maturity date of the Notes. The proceeds of any such investments shall be retained by the Treasurer in the Repayment Fund until all of the Notes have been fully paid or until provision has been made for the 5 6051c payment of the principal of the Notes and the interest thereon to maturity, at which time any excess amount shall be transferred to the General Fund of the District. Section S. The District shall establish and maintain a fund separate from any other fund established and maintained hereunder designated as the "1987 Tax and Revenue Anticipation Note Rebate Fund" and within such Fund there shall be established and maintained two separate accounts designated as the Excess Account and the Earnings Account. There shall be deposited in each account of the Rebate Fund such amounts as are required to be deposited therein in accordance with the written instructions from Bond Counsel delivered pursuant to Section 5 hereof. Section 9. The President of the Board of Directors of the District is hereby authorized to execute the Notes by use of a facsimile signature, and the Controller of the District is hereby authorized to countersign, by manual signature, the Notes and to affix the seal of the District thereto by facsimile imprinting or manual impression thereon. The Controller is hereby authorized to cause to be lithographed, printed, typewritten or engraved a sufficient number of Notes. The Controller is further authorized to cause the blank spaces in Exhibit A to be filled in as may be appropriate. Section 10. The Official Statement relating to the Notes, in substantially the form on file with the Secretary of the Board of Directors of the District, is hereby approved with such additions, changes and corrections as the General Manager of the District may approve upon consultation with the District' s counsel; and the President of the Board of Directors of the District and the General Manager of the District are hereby authorized and directed to execute and deliver the Official Statement and the Underwriter is hereby authorized to distribute copies of said Official Statement in connection with the offering and sale of the Notes. The use of the Preliminary Official Statement relating to the Notes by the Underwriter is hereby authorized, ratified and confirmed. Section 11. It is hereby covenanted and warranted that the District, and its appropriate officials, have duly taken all proceedings necessary to be taken by them, and will take any additional proceedings necessary to be taken by them, for the levy, collection and enforcement of the Pledged Revenues in accordance with law and for carrying out the provisions of this resolution and the Notes. 6 6051c Section 12 . (A) The District covenants that it shall make all calculations in a reasonable and prudent fashion relating to any rebate of excess investment earnings on the proceeds of the Notes due to the United States Treasury, shall segregate and set aside from lawfully available sources the amount such calculations may indicate may be required to be paid to the United States Treasury and shall otherwise at all times do and perform all acts and things necessary and within its power and authority, including complying with each applicable requirement of Section 103 and Sections 141 through 150 of the Code and complying with the instructions of Bond Counsel referred to in Section 5 hereof, to assure that interest paid on the Notes shall, for the purposes of federal income taxes and California personal income taxation, be excludable from the gross income of the recipients thereof and exempt from such taxation. As part of the performance of the covenant contained in the preceding sentence, promptly after six months from the date of the issuance of the Notes, the District will reasonably and prudently calculate the amount of the Note proceeds which have been expended, with a view to determining whether or not the District has met the safe harbor requirements of Section 148(f) (4) (B) (ii ) of the Code with respect to the Notes, and if it has not met such safe harbor requirements, it will reasonably and prudently calculate the amount, if any, of investment profits which must be rebated to the United States and will immediately set aside, from revenues attributable to the 1987-88 Fiscal Year or, to the extent not available from such revenues, from any other moneys lawfully available, the amount of any such rebate in the Fund referred to in Section 8 hereof. (B) Notwithstanding any other provision of this Resolution to the contrary, upon the District' s failure to observe, or refusal to comply with, the covenants contained in this Section 12, no one other than the holders or former holders of the Notes shall be entitled to exercise any right or remedy under this Resolution on the basis of the District' s failure to observe, or refusal to comply with, such covenants. (C) The covenants contained in this Section 12 and in Section 8 hereof shall survive the payment of the Notes. Section 13 . The President and the Secretary of the Board of Directors of the District, the Controller of the District and the other appropriate officers of the District are hereby authorized and directed to sell, execute and deliver all of the Notes to the Underwriter, pursuant to the terms and conditions of the Purchase Contract. All actions heretofore taken by the officers and agents of the District or 7 6051c this Board with respect to this sale and issuance of the Notes are hereby approved, confirmed and ratified and the officers and agents of the District and this Board are hereby authorized and directed, for and in the name and on behalf of the District, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Notes in accordance with this resolution. Section 14. The General Manager of the District is hereby authorized and directed to cause notices of the proposed sale and final sale of the Notes to be filed in a timely manner with the California Debt Advisory Commission pursuant to Section 8855 of the Government Code. Section 15. The provisions of the Notes and of this Resolution shall constitute a contract between the District and the Noteholders, and such provisions shall be enforceable by mandamus or any other appropriate suit, action or proceeding at law or in equity in any court of competent 7 jurisdiction, and shall be irrepealable. Section 16. This resolution shall take effect from and after its adoption. 8 6051c PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District, State of California, this 8th day of July, 1987, by the following vote: AYES: DIRECTORS III NOES: ABSENT: 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 9 6051c EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, COUNTIES OF SANTA CLARA AND SAN MATEO, CALIFORNIA No. $ FOR VALUE RECEIVED, the Midpeninsula Regional Open Space District (the "District" ) , Counties of Santa Clara and San Mateo, California, acknowledges itself indebted to and promises to pay to the bearer hereof, at the principal office of the Controller of the District in Mountain View, California, the principal sum of DOLLARS ($ in lawful money of the United States of America, on MARCH 3, 1988, together with interest thereon at the rate of PERCENT per annum, computed upon the basis of a 360-day year, consisting of twelve 30-day months, in like lawful money from the date hereof until payment in full of said principal sum. Both the principal of and interest on this Note shall be payable only to the bearer hereof upon surrender of this Note as the same shall fall due; provided, however, no interest shall be payable for any period after maturity during which the bearer hereof fails to properly present this Note for payment. It is hereby certified, recited and declared that this Note is one of an authorized issue of Notes entitled, "Midpeninsula Regional Open Space District, Counties of Santa Clara and San Mateo, California, 1987-1988 Tax and Revenue Anticipation Notes" (the "Notes" ) , in the aggregate principal amount of Two Million Five Hundred Thousand Dollars ($2, 500, 000) , all of like tenor, made, executed and given pursuant to and by authority of a resolution of the Board of Directors of the District (the "Resolution" ) , under and by authority of Article 7. 6, Chapter 4, Part 1, Division 2, Title 5 (commencing with Section 53850) of the California Government Code, and that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Note have existed, happened and been A-1 6051c performed in regular and due 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 statutes of the State of California. The principal of and interest on the Notes shall be payable from taxes, income, revenue, cash receipts and other moneys which are received by the District for the General Fund of the District for the fiscal year 1987-1988 and which are generally available for the payment of current expenses and —other obligations of the District ( "unrestricted revenues" ) on a parity basis with the outstanding 1987 Promissory Notes of the District and other obligations of the District payable on a parity with the 1987 Promissory Notes (the "Parity Obligations" ) , As security for the payment of the principal of and interest on the Notes and subject to the amounts that are required to be set aside on a parity basis for payment of the Parity Obligations_ the District has pledged to deposit in trust in a special fund designated as the "1987-1988 Tax and Revenue Anticipation Note Repayment Fund" (the "Repayment Fund" ) : (i ) the first $2, 000, 000 of unrestricted revenues received by the District during the accounting period ending December 31, 1987; (ii ) the first $500,000 of unrestricted revenues received by the District during the accounting period ending January 29, 1988, together with the amount sufficient to satisfy and make up any deficiency in the amount deposited in the Repayment Fund with respect to the prior accounting period; (iii ) the first unrestricted revenues received by the District during the accounting period ending February 29, 1988, in an amount sufficient (net of earnings on moneys in the Repayment Fund) (x) to satisfy and make up any deficiency in the Repayment Fund with respect to any prior accounting period and (y) to pay the interest on the Notes at maturity. The amounts pledged by the District for deposit into the Repayment Fund from unrestricted revenues received during each indicated accounting period are hereinafter called the "Pledged Revenues" and are to be deposited in the Repayment Fund on a parity basis with the amounts required to be set aside for payment of the Parity Obligation In the event that there have been insufficient unrestricted revenues received by the District by the ending date of any accounting period to permit the deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be deposited with respect to such accounting period, then the amount of any deficiency in the Repayment Fund shall be satisfied and made up on such ending date from any other moneys of the District lawfully available for the payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856 and 53857 of the Government A-2 6051c Code) (the "Other Pledged Moneys") or thereafter on a daily basis, when and as such Pledged Revenues and Other Pledged Moneys are received by the District. The Pledged Revenues with respect to the accounting period in which received shall be deposited in the Repayment Fund on or prior to the ending .date of each respective accounting period, and applied as directed in the Resolution. The Other Pledged Moneys, if any, shall be deposited in the Repayment Fund on the ending date of the accounting period, and on each business day thereafter, until the full amount of the moneys required by the second preceding paragraph has been so deposited in the Repayment Fund. The principal of and interest on the Notes shall constitute a first lien and charge on, and shall be payable from, moneys in the Repayment Fund. IN WITNESS WHEREOF, the Midpeninsula Regional Open Space District has caused this Note to be executed by the facsimile signature of the President of the Board of Directors of the District and countersigned by the manual signature of the Controller of the District, and caused the official seal of the District or a facsimile thereof to be impressed or imprinted hereon this third day of August, 1987 . By President of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) Countersigned: Controller of the Midpeninsula Regional Open Space District A-3 6051c SECRETARY' S CERTIFICATE 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 July 8, 1987, of which meeting all the members of said Board of Directors had due notice and at which a quorem was present. At said meeting said resolution was adopted by the following vote: AYES: Directors NOES: ABSENT: ABSTAIN: An agenda of said meeting was posted at least 72 hours before said meeting at I I California a location freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. 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, as amended, in full force and effect. Dated: 1987 Secretary of the Board of Directors of the Midpeninsula Regional Open Space District (Seal) 6051c R-87-104 (Meeting 87-15 Nbffx July 8 , 1987) 0 OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 REPORT July 1 , 1987 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: D. Hansen, Land Manager SUBJECT: Open Space Management Staffing Plan Clarification I Recommendation: I recommend that you approve the hiring of a replace- ment patrol Ranger. Introduction: At your meeting of June 10 , 1987 , staff made several recommendations for immediate implementation of the Open Space Manage- ment Staffing Plan (see attached report R-87-95 dated June 5 , 1987) . The request to hire a replacement Ranger to fill the vacancy created by the Crew Coordinating Ranger assignment was inadvertently left out of the recommendations. Therefore, you did not take formal action on the matter. This proposed hiring was outlined near the end of the third to last paragraph on page two of report R-87-95 . I am formally requesting that this action be taken as an amendment to your previous action . I I I i V R-87-95 J ` (Meeting 87-14 June, 10._ 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 5, 1987 TO: Board of Directors FROM;: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Fiddes, Administrative Services Manager; C. Bruins, Administrative Assistant SUBJECT: Implementation of Immediate Open Space Management Five-Year Staffing Plan Needs Reco,,mendation: Based on the 1986 Budget Committee 's recommendations and the proposed Five-Year Open Space Management Staffing Plan, I recommend that you: 1) Approve the creation and job specification of the Principal Open Space Planner classification and assign it a salary range of Step Number 219.5 to 249.5 with a corresponding monthly salary of $2506 to $3376; 2) Approve the filling of the Principal Open Space Planner position (the current Open Space Planner would be offered a promotion) ; 3) Approve the revised Open Space Planner job specification and assign this classification a new salary range of Step Number 200.5 to 230.5 with a corresponding monthly salary of $2075 to $2796 (the current Associate Open Space Planner would be offered a promotion to this position) ; 4) Authorize me to fill the Associate Open Space Planner position if vacant due to an internal staff promotion; 5) Assign the Operations Supervisor classification a new salary range of Step Number 225.5 to 255.5 with a corresponding monthly salary of $2661 to $3586; 6) Approve the addition and hiring of a Sierra Azul (eleventh) Ranger; 7) Approve the addition of a five-point pay differential to the base salary for the Ranger classification for the Crew Coordinating Ranger assignment; 8) Approve the creation and job specification of the Open Space Technician classification and assign it a salaryrange of Step Number 160.5 to 190.5 g with a corresponding monthly salary of $1393 to $1878 ; 9) Approve the filling of four full-time Open Space Technicians positions and one seasonal Open Space Technician position; 10) Eliminate the Coordinator of Volunteer Programs classification; approve the creation of the Volunteer Coordinator and Docent Coordinator classi- fications (one-half time positions) and assign both new classifications the salary range of Step Number 185 .5 to 215. 5 with a corresponding monthly salary of $1787 to $2409. 11) Approve the filling, contingent upon completion and approval of the nec- essary job specifications, of the one-half time positions of Volunteer Coordinator and Docent Coordinator (the current Coordinator of Volunteer I R-87-95 Page Two Programs would be reclassified to Docent Coordinator) . Introduction: On February 12 , 1986 the Five-Year Open Space Management Staf-_ fing Master Plan was presented to you (see report R-86-14 dated February 12, 1 1986 that is attached ched behind the colored sheet) . At that time, you referred the report to the 1986 Budget Committee (Directors Duffy, Henshaw, and Wendin) for review, particularly in terms of budget implications and the open Space Management Budget Guidelines. The Committee met in early February 1986 and recommended that certain immediate Open Space Management positions be filled and that further committee meetings be held to review and recommend both proposed Open Space Management Budget Guidelines and the staffing study itself. Subsequently, on February 25, 1986 the Board approved the Administrative Assistant - Open Space Management posi- tion; three Supervising Rangers positions; a ninth Ranger postion; and a fourth Ranger-Aide position (see memorandum M-86-22 dated February 20, 1986) . The Budget Committee met again in 1986, in January 1987, and most recently on June 2. Another meeting with this Committee is scheduled for Monday, June 8. Discussion: When the Committee met in January 1987, they felt that: 1) a new Principal Open Space Planner position be created and filled; 2) the current Open Space Planner position be revised and filled and a third planning position should be filled; 3) the Sierra Azul (eleventh) Ranger position be approved and filled; and 4) the Open Space Technician classification be created and four full-time and one seasonal Open Space Technicians be hired. Staff was directed to complete its preparation of necessary job specifications for these positions; determine appropriate salary ranges; and return to the . -littee with this information prior to presenting this staffing item to the ...1 Board for consideration. All the positions noted above were recommended tc-'.-- hire or as promotional slots in the proposed Five-Year Staffing Master Plan for fiscal year 1986-1987, except for' the third planning position. Staff will be meeting with the Committee again on June 8 to continue and fin- alize the proposed Crew Senior Ranger staffing item and more information on this particular topic will be presented at your June 10 meeting. At this time, staff is recommending, rather than creating a new Crew Senior Ranger clas- sification, the initiation of a one year program to see how this position func- tions and evolves. The Ranger appointed to fill this assignment would receive an additional five points of differential pay for the assignment of serving as the Crew Coordinating Ranger and a new Ranger would be hired to fill the slot left vacant by the person selected for the assignment. In addition, the Com- mittee will be completing its review of the Open Space Management Budget Guide- lines and the entire proposed Staffing Plan at their June 8 meeting and will be reporting to you at your June 10 Regular Meeting. At the June 2 meeting, the Committee recommended that staff proceed with the creation of the half-time Volunteer Coordinator and the half-time Docent Coor- dinator positions. The current position of Coordinator of Volunteer Programs would be eliminated from the District 's position classification plan at this tiem and the staff member filling this position would be reclassified to the new one-half time Docent Coordinator position. Job specifications for both these positions are in the process of being prepared. Two changes in the originally proposed Staffing Master Plan are being recom- mended by staff and the Committee. The first change is the immediate filling of the Associate Open Space Planner position if it becomes vacant due to the R-87-95 Page Three promotion of the incumbent in this position now to the new revised Open Space Planner position. The Associate Open Space Planner position had originally been slated in the 'Staffing Plan to remain vacant for one year after the Prin- cipal and revamped Open Space Planner positions were implemented. Due to the substantial planning workload, immediate hiring is recommended. The second change relates to the Planner-Engineer position that had been suggested for hire in the current fiscal year. This position has actually been filled on_a contract basis over the past ten months, and staff is now recommending that it remain a contract position. A contract Planner-Engineer would be able to provide technical aid when necessary with implementation of major grant or use and management construction projects. Though no changes are being recommended in the Operations Supervisor job spec- - ification, staff has proposed and the Committee agreed that this position's salary range be increased five points in the District's Position Classifica- tion Plan. The primary reasons for the increase are the increased personnel and field responsibilities of the position and its internal relationship, to the Principal Open Space Planner position. It should be noted that two more Open Space Technician positions (one full- time regular hire and one seasonal hire) are slated for hire in the 1987-1988 fiscal year. Both these additional positions are included in the proposed 1987-1988 fiscal year budget. The creation of the Open Space Technician posi- tion allows for the elimination of any extra-hire Ranger-Aides at this time. Attached for your review are new proposed job specifications for Principal Open Space Planner and Open Space Technician and revised job specifications for Open Space Planner and Associate Open Space Planner.. Additional attach- ments include a 1986-1987 Position Classification Plan showing placement of positions discussed herein and the original first year and a proposed second year staffing chart showing the changes I have outlined. Adopted by Board of Director.-, Ely I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-6500 PRINCIPAL OPEN SPACE PLANNER DEFINITION: Under general direction of the Land Manager, directs pre- acquisition and post-acquisition planning and management of District lands in relation to District's short and long term planning goals. Responsible for assigned planning projects and activities. Coordinates, supervises, and evaluates the work/performance of other planners and Open Space Management staff members. TYPICAL TASKS: Directs and conducts Assigned open space planning proj- ects and studies, including pre-acquisition and post-acquisition related activities; supervises gathering and summarizing of planning data and preparation and writing of required reports; conducts public meetings; responds to detailed or difficult requests for planning information from local agencies, groups or individuals, verbally or in writing; supervises preparation of design specifications for implementation of Use and Manage- ment Plans and solicitation of bids and contract preparation and adminis- tration for various construction or maintenance projects; responsible for updating District's Master Plan; works with the Land Manager on District's general and long-term planning and land use policy development., Action Plan, and budget preparation; coordinates research by other agencies and individuals; oversees preparation of grant applications and environmental documents related to California Environmental Quality Act; evaluates appro- priate environmental documents prepared by other agencies for projects of interest to District; supervises work of other planning staff members, and as required, other individuals and volunteers performing planning tasks; drafting/graphic projects; performs other related activities as required. EMPLOYMENT STANDARDS: Training and experience equivalent to graduation from an accredited college or university with major work in urban or re- gional planning, environmental design, landscape architecture, architecture, natural resource management or a closely related field. In addition, five years professional planning experience at open space/park planner level or comparable. A graduate degree in urban or regional planning or a closely related field may be substituted for one year of the required experience. Valid California driver's license along with use of personal vehicle is required. Professional licensure in Landscape Architecture or related field is preferable but not required. KNOWLEDGE OF: Principles , practices and trends in environmental resource planning; research and statistical methods used to obtain planning data; codes, ordinances and laws relating to zoning, planning, environmental protection, and CEQA. Herter,A.G,e*cn,General manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin R-87-96 (Meeting 87-15 AA� 10�-7 July 8 , 1987) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT June 24 , 1987 TO: Board of Directors FROM: H. Grench, General Manager CONTRIBUTORS: J. Fiddes, Administrative Services Manager; M. Hale, Public Communications Coordinator; C. Britton, Land Acquisition Manager; and D. Hansen, Land Manager SUBJECT: Action Plan Program Evaluation for 1986-1987 Fiscal Year Recommendation: I recommend that you accept the program evaluation as contained herein for the 1986-1987 fiscal year. Discussion: The material for the second Action Plan program evaluation session for the 1986-1987 fiscal year is attached. For each of the District' s programs and subprograms, staff has summarized progress for key projects and activities for the full 1986-1987 fiscal year. In addition, the Action Plan' s emphasis statements, objectives, and key projects and activities that you adopted for 1987-1988 (see report R-87-86 of Jund 2, 1987) have been listed. There are no proposed changes in any of the key projects and activities for the new fiscal year. The following paragraphs highlight the activities for each of the programs for the second half of the 1986-1987 fiscal year. You reviewed progress for the first half of the year at your February 11 meeting (see report R-87-17 of January 21, 1987) . A. Open Space Acquisition Program During the second half of the 1986-1987 fiscal year , the District acquired 533 acres of land. Excluding the 352 acre Kidwell lease-purchasd parcel, the total cost for the remaining 181 acres was approximately $197, 000, an average of $1, 090 per acre. These transactions included the Schofield, Kidwell, and Berry property acquisition additions to the Sierra Azul Open Space Preserve and the Blest property addition to the La Honda Creek Open Space Preserve. Because of the new tax law, December 31, 1986 became an important deadline for real estate transactions. As a result, over 5000 acres of land were acquired during the 1986-1987 fiscal year, but only approximately 10% was acquired in the second half of the fiscal year. None of the more recent transactions included private financing, gifts, grants, or bargain sales. B. Open Space Management Program In the second half of the 1986-1987 fiscal 1 year, five Use and Management Plan Reviews were completed under revised planning procedures in the Planning, Design and Development Subprogram. These procedures included Board-adopted revised Use and Management plan categories, including remote areas with limited access to be designated as Conservation Management Units . In addition, two acquisition reports were completed for Board approval . Progress on the Skyline Ridge, Purisima Creek, and Picchetti Ranch grant projects was of major importance in the planning subprogram. Work included contract administration, review of consultant design work, and parking lot and bridge construction at Purisima Creek Redwoods Open Space Preserve . Other parking lot and trail construction projects were underway at Purisima Creek at the end of the fiscal year. Another planning project which has consumed considerable staff time is the Jones Trail rerouting and subsequent effects on bicyclists and runners . Open Space Management planning and administrative staff have also worked on the following projects : a) State toxics requirements for District underground tanks , b) review and implementation of grazing at Russian Ridge, c) updating and reformatting of all site maps for public distribution, d) aiding and overseeing the consultant updating of the District Master Plan, e) designing the Hassler Preserve access facilities, f) reviewing the National Weather Service proposal for Mt. Umunhum, g) imple- menting all approved staffing changes proposed in the Five-Year Staffing Plan, h) completion of plans and specifications for residences at Rancho San Antonio, and i) development of resource management policies . Policies for trail use have not been completed . The Midpeninsula Trails Council is assisting with completion of this project. The Operations, Maintenance and Volunteer Subprogram continued its role of providing responsible stewardship of District lands . This included incorporation of 5000 acres of land acquired during the first half of the fiscal year . By the end of the fiscal year, all staff changes had been approved and were in the process of imple- mentation. The Santa Clara County Sheriff 's Department continues to provide supplemental law enforcement assistance for the Sierra Azul Open Space Preserve. Field staff members have spent considerable time working on the grant-funded trail at Purisima Creek Redwoods Open Space Preserve . Volunteers have assisted with construction of a trail connecting Long Ridge and Saratoga Gap Open Space Preserves . Most Use and Management Plan fencing, signing, security and site preparation items have been completed as scheduled. The District's six resident Rangers and seven site caretakers have provided night coverage of all sites . Sixteen new docents were trained. In addition to the regular Fremont Older tours and spring wildflower walks , public tours were held for the first time at the Thornewood estate. Docents contributed over 1, 300 program and training hours during the second half of fiscal year 1986-1987 . Approximately 1,050 people attended docent-led programs on District preserves . C. Communications Program Publications, public events, and media coverage have created greater public interest in visiting the open space preserves this year. A tour to showcase District lands in San Mateo County was held in April 1987, and a similar tour was conducted in May 1987 to highlight open space preserves in Santa Clara County. Due to public response to the mailings of the all-site brochure and the Annual Report producing a great volume of inquiries, work on several projects included in the 1986-1987 Action Plan had to be extended into the 1987-1988 fiscal year. A preliminary draft of the new land acquisition brochure was completed for staff review. Conceptual design work has begun on several components of the coordinated publications proposal, including new maps, new formats, and more efficient production techniques. These projects will be continued into the new fiscal year before formal presentation to the Board. In the new legislative program, four of eight "A" and "B" priority items have reached bill and ballot form and are moving along. As public awareness increases , the need increases for the distribution of printed materials about the preserves. More than 1, 500 visitors received personal assistance with special inquiries. About 90 per- cent of the requests for information came from first-time visitors . Others came from students, ranging from eighth-grade science classes to graduate programs in planning. Public donations of more than $4 ,400 were made to the District ' s publications program, repre- senting more than 14 times any previous amount received. one donation was made by a bank in recognition of the District' s service to the public. D. General Management and Program Support The second half of the 1986-1987 fiscal year was a very busy and exciting period for the General Management and Program Support staff. Controller M. Foster laid the groundwork and oversaw the issuance of the $21. 2 million promissory note issue in early April. Working with computer consultant Harold Berry, staff prepared the bid specificationsfor the District' s first in-house computers, analyzed the bids received, requested Board action to award the computer contract, and, in June, oversaw the installation of the computers. Mr. Berry conducted a variety of training classes for members of the office staff and recommended appropriate software for District use. Another major effort during the second half of the fiscal year in- volved District personnel consultant Gary Foss and focused on the completion of research and presentation of a modified fringe benefit plan for District employees. This item is being presented to you for consideration and approval at your July 8 meeting. Other recurring second half of the year activities included coordination and preparation of the Action Plan, formulation and presentation of the 1987-1988 preliminary budget, and gathering necessary data for the annual salary survey. OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations B. Special Projects C. Enterprise Activities To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas. OPEN SPACE ACQUISITION PROGRAM Negotiations ram 1986-1987 Objective The objective of the Negotiations Subprogram is to provide for the acquisition of all real property rights necessary to secure a recrea- tional greenbelt in the foothills and baylands, utilizing the major portion of the District 's income. 1986-1987 Key Projects and Activities 1. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) , including, where possible, private financing with favorable terms. PROGRESS: Twenty-seven parcels totalling 5027 acres (including 122 acres of easement title) were acquired this fiscal year at a cost of $10, 460,000. Excluding the 1,776 acres of defeasible fee as a part of the Hosking transaction and the 352 acre lease- purchase area of the Kidwell transaction, the average price was $3 ,608 per acre. These purchases included $800, 000 in private financing at rates varying from 6% to 7% over periods varying from 5 to 10 years. The year' s transactions exhausted the 1986 Promis- sory Note Issue funds. 2. Work with the Peninsula Open Space Trust to complete at least two acquisition projects within the District' s Sphere of Influence that significantly further the District 's overall open space goals. PROGRESS: Peninsula Open Space Trust (POST) received a gift of the remaining 112 acre parcel of the former Dyer Ranch for eventual transfer or sale to the District. POST also received gifts of 22 lots in the Redwood Park Subdivision near the District' s Purisima Creek Redwoods Open Space Preserve for eventual transfer to the County of San Mateo. The Trust also acquired the 44 acre Scott property adjacent to the Sierra Azul Open Space Preserve as a potential cooperative project with the District and the Town of Los Gatos. On a bargain sale basis, POST acquired the 112 acre former Berger property for eventual sale to the County of Santa Clara as an addition to Sanborn Park and a one-half interest in the Grealish/ Mellot property as a potential addition to the Burleigh Murray State Park in San Mateo County. POST also received a gift of the half- acre Oswald property near the District' s La Honda Creek Open Space Preserve. 3. Implement new land acquisition policy relating to use of eminent domain, Brown Act implementation, annexation, and acquisition of lands outside the District' s boundaries. PROGRESS: Open Space Acquisition staff has been adhering to the newly adopted Land Acquisition Policies. Work is underway on the new land acquisition brochure that will explain these policies , as is a revision of the Brown Act parcel list which conforms to the information required under your new policies. 1987-1988 General Program Emphasis As a result of the relative scarcity of funds for acquisition in the 1987-1988 fiscal year relative to expected acquisition opportunities , the emphasis of the Open Space Acquisition Program will be the pur- chase of lands utilizing cash conserving techniques such as cooperative projects, lease options , defeasible fee contracts , long-term options, and low down payment transactions, in addition to work on time consuming but not very costly projects. 1987-1988 Objective The objective of the Negotiations Subprogram is to provide for the acqui- sition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District' s income. 1987-1988 Key Projects and Activities 1. Convert the budgeted funds in the New Land Commitments budget category into strategic open space lands at desirable prices (fair market value or less) , including, where possible, private financing with favorable terms. 2. Work with the Peninsula Open Space Trust to complete at least two acquisition projects within the District' s Sphere of Influence that significantly further the District' s overall open space goals. 3. Complete implementation of the new Land Acquisition Policy as required, including working with the Communications Program to pro- duce and distribute the required information brochure. OPEN SPACE ACQUISITION PROGRAM Special Projects Subprogram 1986-1987 Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating District efforts with private and other public agencies , to develop additional acquisition revenue sources, and to provide the critical information necessary to a successful acquisition program. 1986-1987 Key Projects and Activities 1. Complete the San Mateo County Baylands Reserve federal Land and Water Conservation Fund grant project and keep abreast of other grants available to the District. Submit at least one Land and Water Conservation Fund grant request and at least one Roberti- ZIberg-Harris grant request. PROGRESS: The federal Land and Water Conservation Fund grant project has not yet been completed for the Ravenswood Open Space Preserve. The District submitted two Land and Water Conservation Fund grant requests, one for the POST (former Thomas) property and one for the Hogan property in the Sierra Azul Open Space Preserve, but neither grant request was approved. The Roberti-Z 'berg Coal Creek and La Honda Creek Open Space Preserves project was com- pleted, and all of the State grant funds were received. The grant request for the District allocation of funds from the Community Parklands Act of 1986, totaling $838 , 000, was approved and will be included in the State' s 1987-1988 fiscal year budget. 2. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as the San Mateo County section of the Bayfront Trail and a joint project with the Town of Los Gatos. PROGRESS: The County of San Mateo, in cooperation with the District, has received approval of the Bayfront Trail grant from the Coastal Conservancy, and the District will be completing the trail right-of- way acquisition as a part of that grant. The County of Santa Clara is currently considering two acquisition projects that would also benefit the District' s programs, one at Lower Stevens Creek County Park and the other at Lexington Reservoir. The District participated with the Town of Los Gatos in a development dedication of 4 acres in fee and 38 acres of conservation easement as an addition to the Sierra Azul Open Space Preserve. The District received the gift of former flume right-of-way at Los Gatos Creek Park (2 . 3 acres) from the San Jose Water Company. 3. Analyze, in conjunction with the Open Space Management Program par- ticular geographic areas of the District, such as the area south of Lexington Reservoir or north of Dumbarton Bridge, to develop acqui- sition recommendations and project costs. PROGRESS: The area south of Lexington Reservoir, including the District' s Sphere of Influence in that area, was studied on a general analysis basis. The area west of Skyline Boulevard surrounding the former Dyer Ranch was analyzed in detail . No work has been done yet on the area north of Dumbarton Bridge. 1987-1988 Objective The objective of the Special Projects Subprogram is to establish and maintain a broad base for the acquisition program by coordinating Dis- trict efforts with private and other public agencies , to develop addi- tional acquisition revenue sources, and to provide the critical infor- mation necessary to a successful acquisition program. 1987-1988 Key Projects and Activities 1. Complete the Ravenswood Open Space Preserve federal Land and Water Conservation Fund grant project and keep abreast of other grants available to the District, applying where feasible. Complete the District' s acquisition of the trail right-of-way for San Mateo County' s Coastal Conservancy grant. Submit at least one Land and Water Conservation Fund grant request. 2. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as the San Mateo County section of the Bayfront Trail and a joint project with the Town of Los Gatos. 3. Analyze, in conjunction with Open Space Management Program, par- ticular geographic areas of the District, such as the area north of Dumbarton Bridge, to develop acquisition recommendations and project costs . OPEN SPACE ACQUISITION PROGRAM Enterprise Activities Subprogram 1986-1987 Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. 1986-1987 _Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. PROGRESS: Rental rates were reviewed in May for July 1, 1987 increases; they averaged 4 .8%. There was overall increase of 20. 5% in enterprise income this past fiscal year. The grazing lease on Russian Ridge Open Space Preserve was terminated, and staff is searching for a possible new tenant to implement the new grazing policy for this Preserve. The adobe at the Fremont Older Open Space Preserve was included in the lease of the main house to provide for restoration as a part of the historical complex. Lease negotiations are underway for modifications in the existing Picchetti Area lease, and the Skyline tree farm lease is being reviewed for modifications to conform with the Use and Management Plan for the Skyline Ridge Open Space Preserve. The Skyline Ridge chestnut orchard lease is also undergoing a major overhaul . 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. PROGRESS: The dead and diseased trees near the upper house on Rancho San Antonio Open Space Preserve were removed, and the water line to the lower Rancho house was replaced. Weatherization and repair of water leakage at the former Bean house on Long Ridge Open Space Preserve were completed, as well as resurfacing of the driveway. The road to the Ranger residence on Monte Bello Open Space Preserve was re-rocked. In conjunction with Open Space Management, vegeta- tion was trimmed back from the adobe structure to the parking lot at the Fremont Older Open Space Preserve, and a firebreak was created around the residence on the Sierra Azul Open Space Preserve. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. PROGRESS: The wastewater systems at the two rental houses at Saratoga Gap Open Space Preserve and to the Ranger residence on Skyline Ridge Open Space Preserve have been completed. The final phase of the major improvements to the Ranger residence on Fremont Older Open Space Preserve was completed. In conjunction with Open Space Management, the plans for the upper house at Rancho San Antonio Open Space Pre- serve have been drawn, and permits are being requested from the County. The roof replacement for the upper Rancho house was completed. Interior dry rot repairs are underway at the Ranger residence on Saratoga Gap Open Space Preserve. 1987-1988 Objective The objective of the Enterprise Subprogram is to manage all the District' s revenue producing activities in such a way as to maximize income from Enterprise accounts consistent with Open Space Management policies and to explore new compatible activities. 1987-1988 Key Projects and Activities 1. Administer all leases and rental accounts, updating rental rates and other lease conditions as opportunities arise, to maximize income consistent with Open Space Management policies. 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condi- tion and to increase net rental income. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B . Operations , maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values . OPEN SPACE MANAGEMENT PROGRAM Planning, Design, and Development Subprogram 1986-1987 objective The objective of the Planning, Design and Development Subprogram is to provide short-term and long-range acquisition planning, the formulation of Use and Management Plans, as well as overseeing the physical imple- mentation of capital improvements for public access and interpretation and for resource management, master and other special plans. 1986-1987 Key Projects and Activities 1. Implement adopted Open Space Management staffing study changes . PROGRESS : All approved position changes or additions were filled or are in the process of being filled. 2. Commence or continue multi-jurisdictional planning projects for the Los Gatos Creek Park, Mt. Umunhum, and San Mateo County Baylands Preserve . Continue joint public/private planning projects for Skyline Ridge and Hassler Preserves . PROGRESS : Multi-jurisdictional projects continued at the Ravenswood and St. Joseph's Hill Open Space Preserves . Public/private planning projects occurred at Skyline Ridge and Purisima Creek Redwoods Preserves in conjunction with POST, the Trail Center, Whole Access , and San Mateo County. Other joint projects included the two tours for Santa Clara and San Mateo County officials, and work on the Stevens Creek Trail project with Santa Clara County Parks staff . 3 . Develop Use and Management Plans for Board approval. Coordinate access improvements for Skyline Ridge, Purisima, Kennedy Road Area, and Hassler. PROGRESS : Twelve Use and Management Plans were completed in fiscal year 1986-1987 . Only the Hassler Open Space Preserve plan was delayed. Completion of the Hassler plan is approximately one month away. Bridge, trail, and parking lot construction design projects are in progress at Purisima Creek . Initial phase public access planning has been completed at Skyline Ridge, Kennedy Road, Hassler, Mt. Umunhum, and Russian Ridge . Public workshops were held for Hassler, Mt. Umunhum, and La Honda Creek Open Space Preserve . 4 . Complete the formulation of trail-use and resource management policies for Board approval. Prepare guidelines for policy application on site-specific Use and Management Plans . PROGRESS : Work on the formulation of general District-wide trail use policies continued intermittently. However, other priority items prevented planning staff from completing these items by the end of the fiscal year. 5. Complete the update of District Master Plan and include full Sphere of Influence. PROGRESS : A planning firm was hired in December to update the District Master Plan. The bulk of the work was completed by the end of the fiscal year. It is anticipated that the project will be completed in three months . 1987-1988 General Program Emphasis The emphasis of the Planning, Design and Development Subprogram for the 1987-1988 year will be to resolve pending issues and complete existing projects such as revised planning policies , trail use standards , and major grant development projects . The focus of the Operations, Maintenance, and Volunteer Subprogram will be to resolve and implement, after Board approval, the Ranger safety and operating procedures and to concentrate on increasing site resource protection and patrol on all District sites . The intent of the entire program is to refrain from initiating further major capital improvement projects until the implementation of projects currently under consideration is well in hand. Planning, Design, and Development Subprogram 1987-1988 objective The objective of the Planning, Design, and Development Subprogram is to provide short term and long range acquisition planning and the formulation and review of Use and Management Plans , as well as over- seeing the physical implementation of capital improvements for public access and interpretation and for resource management, master and other special plans . 1987-1988 Key Projects and Activities 1. Implement adopted Open Space Management staffing study changes for 1987-1988 . 2. Continue multi-jurisdictional planning projects for the Bayfront Trail . Continue the joint public/private planning project for the former Air Force property at Mt. Umunhum. 3. Implement Board approved major public access improvements for Skyline Ridge and Purisima Creek Preserves and for Kennedy Road Area, if Los Gatos ' approval is obtained. 4 . Complete the formulation of District-wide trail use policies and prepare staff guidelines for their application to site specific Use and Management Plans . 5 . Complete the formulation of resource management policies for appli- cation to site specific Use and Management Plans . 6 . Conduct at least three Board field trip meetings to review planning for specific preserves, such as the Sierra Azul, Skyline Ridge, and Purisima Creek Preserves . Operations , Maintenance, and Volunteer Subprogram 1986-1987 objective The objective of the Operations , Maintenance and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of these lands . An emphasis of this subprogram is to increase public knowledge and awareness of natural features and proper use of District lands . Another goal is to maximize volunteer support in the construction of capital improvements . 1986-1987 Key Projects and Activities 1 . Proceed with changes approved in adopted Open Space Management staffing study, including new positions , site and Ranger safety study, and increased patrol and caretaker help at remote sites . PROGRESS: Most approved changes have been accomplished or are in process (see Planning Subprogram section) . The study of site and Ranger safety issues was not completed, but was well under way. Increased patrol or caretaker assistance has occurred for all District areas , including remote sites such as the Kidwell property. 2 . Provide for security of buildings on Mt. Umunhum and security demolition or renovation of buildings on other sites with help from Enterprise Subprogram. This includes all new lands and Skyline Ridge, Rancho San Antonio, and Saratoga Gap Open Space Preserves . PROGRESS: The Mt. Umunhum site has been secured and a caretaker installed. Demolition or burial of small buildings at Skyline Ridge and La Honda Creek Open Space Preserves remain to be com- pleted. Buildings have been secured at all District sites . Renovations are underway or completed at Rancho San Antonio, Skyline Ridge, and Saratoga Gap Open Space Preserves . 3 . Establish employee safety program approved by Board of Directors . PROGRESS : The Employee Safety Program has been developed in draft, but was not finalized for Board review by the end of the fiscal year. 4 . Increase volunteer support by at least 100% by utilizing added District personnel, the Trail Center, court mandated work programs , and the continuation of special trail maintenance, clean-up, and other site improvement events . PROGRESS : Volunteer programs increased by approximately 50% over the fiscal year with assistance from the Trail Center, special District volunteer and docent events . In addition, court crews have been utilized extensively. Sites receiving volunteer assistance have included Rancho San Antonio, Purisima Creek, St. Joseph' s Hill, Sierra Azul, and Skyline Ridge Open Space Preserves . 5 . Explore the feasibility of establishing volunteer foot, bicycle, or equestrian trail patrol groups District-wide . PROGRESS : The feasibility of these programs has not yet been explored. 1987-1988 Objective The objective of the Operations , Maintenance, and Volunteer Subprogram is to provide responsible stewardship of District lands by furnishing those public safety, maintenance, and resource protection services necessary for the effective management of those lands . 1987-1988 Key Projects and Activities 1. Implement changes approved in adopted Open Space Management Staffing Study, including new position changes, and patrol, caretaker and volunteer site protection help at more remote sites of the District. 2 . Provide for added security of buildings on all District sites including all new lands and renovation or demolition of buildings at Skyline Ridge, Rancho San Antonio, and Monte Bello Preserves . 3. Complete implementation of employee safety programs approved by Board of Directors . 4 . Increase volunteer support for site maintenance and improvements by at least 50% by utilizing the Trail Center, the proposed Youth Conservation Corps , if formed, and court mandated work programs, and the continuation of special trail maintenance, clean-up and other site improvement events . 5 . Implement approved and funded portions of site Use and Management Plans as scheduled, concentrating on site protection and maintenance projects as the highest priority. COMMUNICATIONS PROGRAM Subprograms A. Public Affairs and Education B. Organizational Relations C . Media Relations I To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public com- munications and involvement in District activities . COMMUNICATIONS PROGRAM Public Affairs and Education Subprogram 1986-1987 Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness , involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District's sites, program, and goals . 1986-1987 Key Projects and Activities 1. Develop new brochure to present eminent domain policy and explain the District' s land acquisition policies and procedures . Content to be approved by Board. PROGRESS: The preliminary draft text was completed in March and is undergoing staff review before presentation to the Board . 2 . Develop new preliminary mockup of brochure as proposed replacement for All-Site brochure, to assist visitors in the enjoyment and preservation of the Open Space Preserves . Describe the oppor- tunities available to enjoy such activities , events and oppor- tunities as photography, hiking, bicycling, picnicking, wildflower walks and wildflower observation, and other special public tours . PROGRESS: Conceptual work has been completed. Production work for the mockup, including two new maps , is nearing completion. The project is expected to be continued and completed during the 1987-1988 fiscal year. 3 . Develop a multi-phased proposal for a new format for special issue of Open Space, including a first phase involving review of concepts, reasons for change, and a cost recovery analysis . Each phase to be approved by the Board before proceeding. PROGRESS: Conceptual work has been completed. Production work and cost estimates/analysis will continue into the 1987-1988 fiscal year, and staff will present the first phase proposal to the Board for approval . 4 . Develop a multi-phased proposal for a new comprehensive graphic identity and printed image program for the District, including a first phase involving review of concepts and reasons for change . Each phase to be approved by the Board before proceeding . PROGRESS: Specifications planning and other conceptual work on formats is complete . Graphic design first-phase proposal work will continue into the 1987-1988 fiscal year, and staff will then present phase one to the Board for approval. 5 . Assist the Board in the development of a Good Neighbor information and communications program. PROGRESS: The Board has not yet had an opportunity to pursue this matter further. A report has been outlined at a staff level to update the Board on what the District is currently doing and for use in developing a more formal program, if desired. 1987-1988 General Program Emphasis In order to expand general public awareness of the District and to increase public involvement in specific District activities, the Communications Action Plan for 1987-1988 will emphasize the completion of projects begun in fiscal year 1986-1987 , primarily those related to printed communications . 1987-1988 Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness , involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District's sites, program, and goals . 1987-1988 Key Projects and Activities 1. Write, print and distribute new Visitor's Guide as a replacement for the All-Site Brochure, if the preliminary mockup received Board approval . 2 . Continue, as approved, with further phases of proposal for pilot issue of Open Space magazine, if first phase received Board approval . 3 . Continue, as approved, further phases of proposal for new compre- hensive graphic identity and printed image program for the District, if first phase received Board approval . 4 . Develop a proposal to create an "Outstanding Public Service Award" category for Board recognition of exceptional achievement in support of open space (for individuals and or outside MROSD Board and Staff) . 5 . Print Land Acquisition Policy brochure. COMMUNICATIONS PROGRAM Organizational Relations Subprogram 1986-1987 Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District's funding and otherwise aid in the accomplishment of the District' s goal. 1986-1987 Key Projects and Activities 1. Accomplish priority items for fiscal year in District's Legislative Program. PROGRESS : Success was achieved for nine of the twelve "A" and "B" priority items reaching bill and ballot form in the Legislative Program for the 1985-1986 session. A new Initial Legislative Program for the 1987-1988 session has been adopted, and four of eight "A" and "B" priority items are well underway . 2 . Mail special annual report issue of Open Space to public mailing list; to government officials throughout the District and in Sacramento; and to officials of other organizations, including environmental, educational, philanthropic, etc . PROGRESS : In early February, 5600 copies of the annual report were mailed to government officials, members of the public, and the media . 3 . Conduct a limited bus tour of District lands and/or a joint meeting with San Mateo County Board of Supervisors and Parks and Recreation Commission. PROGRESS : A bus tour was conducted on April 24 . 4 . Conduct a comprehensive bus tour of District lands and/or a joint meeting with Santa Clara County Board of Supervisors and Parks and Recreation Commission. PROGRESS : A bus tour was conducted for Santa Clara County officials on May 9 . Directors Duffy and Henshaw and staff have been following- up to schedule special tours for Commission members . 5 . Conduct a joint site tour and opening event at Los Gatos Creek Park for Los Gatos area officials and interested members of the public . PROGRESS: A public dedication event was held at Los Gatos Creek Park on October 18 . 1987-1988 Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District' s funding and otherwise aid in the accomplishment of the District' s goal. 1987-1988 Key Projects and Activities 1. Accomplish or make significant progress on priority items in District's Legislative Program, 2 . Mail Open Space magazine pilot issue, if approved by Board. 3. Produce 1986-1987 Annual Report. 4 . Hold a joint meeting with either the San Mateo County or Santa Clara County Parks and Recreation Commission. COMMUNICATIONS PROGRAM Media Relations Subprogram 1986-1987 Objective The objective of the Media Relations Subprogram is to inform the public as fully as possible about the District's purposes and activities through news stories, features, and public service announcements in the press, and on radio and television. .1986-1987 Key Projects and Activities 1. Create and maintain an up-to-date set of printed materials on various aspects of the District' s activities for distribution to the media. Update map. PROGRESS : The District map was updated in February 1987 and is undergoing new revisions . The Annual Report was mailed in February 1987 to the media, and the All-Site Brochure was distributed in December. 2 . Continue work with representatives from the Los Altos Town Crier, the Peninsula Times Tribune, the San Jose Mercury-News, the San Mateo Times, the Country Almanac, the Palo Alto Weekly, and other newspapers . PROGRESS: Considerable time has been spent working with the media, resulting in the publication of comprehensive and special features about the District in the Times Tribune, the San Jose Mercury-News, the Los Altos Town Crier, the Country Almanac, Los Gatos Weekly, Los Gatos Times Observer, the San Francisco Chronicle, and the San Mateo Times . Regular mention in the outdoor calendar sections has publicized docent-led walks . Special feature articles and photographs have also created more public interest in the District. The regular news releases covering Board meetings have stimulated media interest in the District's activities as it relates to their readership. Special assistance was given to the editors of Sunset Magazine and to producers at several Bay Area television stations to promote public interest in visiting Open Space Preserves . 1987-1988 Objective The objective of the Media Relations Subprogram is to inform the public as fully as possible about the District's purposes and activities through news stories, features, and public service announcements in the press, and on radio and television. 1987-1988 Key Projects and Activities 1. Write and produce news releases covering Board meetings , special meetings , District policies, docent walks and other activities for the public in accordance with the District' s policy statement regarding open information and cooperation. 2 . Provide information for special features about the District, with priority given to media covering the midpeninsula area. GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints . GENERAL MANAGEMENT AND PROGRAM SUPPORT 1986-1987 Objective The objective of the General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board' s policies and directives . 1986-1987 Key Projects and Activities 1. Provide required functions for the election of District Directors in Wards 1, 2, 5, and 6 and familiarize any new Directors with the District' s activities . PROGRESS: Completed. 2 . If marketing conditions are favorable, market a new note issue for the acquisition of land. PROGRESS: A $21. 2 million note issue was marketed in April. 3. Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters for District's staff and programs , in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities . PROGRESS: Work on the District Benefit Study and possible cafeteria/ modified benefit plan has been completed and will be presented to the Board in conjunction with a 1987-1988 salary adjustment request at the July 8 meeting. The 1986-1987 portions of the Open Space Management staffing study were approved by the Board, and 1987-1988 portions were reviewed in conjunction with budget preparation. 4 . Continue to promote and enhance an atmosphere conducive to generating a creative team effort, including one small and one large staff workshop retreat. PROGRESS: A one-day management team retreat was held in January, and the Open Space Management office and supervisory field staff held a fall retreat. Social events included the Board-sponsored docent and staff appreciation event, a staff December holiday party, and some impromptu theme potlucks for the office staff (and a few field staff members) . A brown bag Friday luncheon outing to visit the former Dyer property was held in May , 5 . Complete implementation of microcomputer system. PROGRESS : The District' s computers have been installed, and training is underway. 1987-1988 General Program Emphasis In light of the increasing size of the District' s field staff, General Management and Program Support will focus on enhancing overall staff communication and interaction. 1987-1988 Objective The objective of the General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board ' s policies and directives . 1987-1988 Key Projects and Activities l.- Provide necessary interpretation, coordination, direction, and administrative base, including on-going review and updating of personnel-related matters for District' s staff and programs, in order to carry out Board Policies, Action Plan, and specific actions according to written and unwritten Board priorities . 2 . If marketing conditions are favorable, market a new note issue for the acquisition of land. 3 . Continue to promote and enhance a work atmosphere conducive to generating a creative team staff effort, including increased staff communications, at least one small or one large staff workshop retreat, and at least three staff activities on District sites . 4 . Complete restructuring of budget accounting and management system utilizing microcomputer system and emphasizing program and project budgeting techniques . 5 . Provide required functions for filling the Ward 2 vacancy and familiarize the new Director with the District's activities . M-87-05 (Meeting 87-15 AA July 8 , 1987) law Nb er 3r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 MEMORANDUM June 30, 1987 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: National Weather Service Proposal At your meeting of June 10 you decided to schedule further consideration of the National Weather Service (NWS) proposal to your meeting of July 8. The attached letter from NWS suggests that the matter be heard at your July 22 meeting, and President Bishop and I have rescheduled it accordingly. 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 ,10 OOP k4 AL U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Weather Service Western Region P.O. Box 11188 Federal Building W1 ftj Lake City, Utah 84147 June 29, 1987 Mr. Herb Grench General Manager Midpeninsula Regional Open Space District Old Mill Office Center, Bldg. C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Dear Mr. Grench: I appreciated the opportunity to meet with you and the Board of Directors on June 10 to discuss the National Weather Service needs for a NEXRAD radar site on Mt. Umunhum. It appeared that the most significant concerns of the various board members regarded safety hazards, radio frequency interference and visual impacts of the NEXRAD radome. We have reviewed these concerns and offer the following comments concerning each of these areas: Safety: SRI International , the Siting Contractor for the NEXRAD project, has prepared a lengthy "Programmatic Environmental Impact Statement" (EIS) for NEXRAD. The EIS prepared by SRI is objective and addresses the potential impacts which NEXRAD will have on the environment. This EIS addresses safety along with other environmental impacts of NEXRAD. The EIS concludes that NEXRAD is safe and will not present a hazard to plant, animal or human life if installed and operated properly. The National Weather Service has operated a 56-station network of similar weather radar equipment for the past 30 years. Some of these radar systems are located in populated areas such as on the roof of Rockefeller Center in New York City and on the roof of the State Water Resources Building in Sacramento, California. Through this experience, we know of no safety or health issues which have been identified. A r+ko r1V 2 Electronic Interference: At the present time, we do not have all of the answers concerning the electronic environment on Mt. Umunhum. SRI has been tasked to determine what problems may exist and how those problems can be resolved in order for NEXRAD to operate successfully. The NEXRAD In-Depth Site Survey will be conducted by SRI and will identify all existing electronic sources as well as determine the impact of NEXRAD on this environment. Should any potential interference issues be identified, we are confident that they can be overcome using standard engineering practices. NEXRAD must be licensed by the IRAC (International Radio Coordination Committee) before it can be placed into operation. As a part of its licensing procedure, the IRAC also evaluates the potential for electro- magnetic interference before granting an operating license. It is the intent of the NWS to install and operate this equipment in accordance with the terms of the IRAC license and to take all possible actions to avoid interference with other site users. Visual Impact: All NEXRAD sites are designed using a standard tower and modularized equipment packages. In the case of Mt. Umunhum, we believe that the visual impact could be greatly reduced by the installation of the NEXRAD antenna and radome on the roof of the existing "monolith" building in lieu of using the standard tower design. The dome could be painted to match the building. In order for the NWS to utilize the monolith for this purpose, we would have to: (1) Complete a structural analysis of the building to assure that it would fulfill the NEXRAD needs. (2) Accomplish a special design to adapt the building for NEXRAD. (3) Obtain fee-title to the building and the land upon which it is constructed and to obtain perpetual easements for utilities and site access on existing roadways. The land requirement would be for a parcel approximately 100' x 160' . (4) Assume the responsibility for yearly maintenance and upkeep of this large structure. The monolith will act as a structure to meet some of the non-NEXRAD requirements of the NWS as well as some other cooperating public agencies. However, this large structure provides an obstruction to the siting of equipment for the measurement of surface weather parameters and to some communications equipment. To accommodate this requirement, a separate site would be required at a location at least 150 away from the monolith building. Further investigations are necessary in order to identify a favorable site for this equipment. The size of such a site would be approximately 50' x Wand fee-title to the property, along with utility and access easements, will be required. As previously discussed, a decision must be made very soon for the siting of the NEXRAD facility. I have taken this opportunity to present a means by which the NWS requirement can be met and at the same time would considerably mitigate the visual and other environmental impacts associated with this installation. 3 In order to more fully discuss this matter, it is requested that a meeting be scheduled on or about July 13 or 14. We can meet in your office or at the Mt. Umunhum site. Following this meeting, we request that the Mt. Umunhum item be placed on the agenda for the July 22 Board of Directors meeting, at which time we would hope for some positive commitment concerning this matter. Thank you for your considerations. Sincerely, tf' R. G. Anderson, Chief Engineering Division cc: W/Wx7, John Porter W/OSO322, Mike Jacob W/CR7, Max Entrikin WC43, Dian Stewart Acting AM/MIC WSFO SFO, Dale Goudeau SRI, Dave Leone SJSU, Dr. Peter Lester SCVWD, John O'Halloran W/WRl MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General I•lanager SUBJECT: F.Y. I. DATE: July 2, 1987 opCALIFORNIA—THE � un«exES000csx ^sEwc. GeonoeosuKmsuAw uwvem" | � DEPARTMENT OF PARKS AND RECREATION ,� �o uox uovo � � mAcnAwcwno 9581/ (915) 324-9067 June 17, 1987 | Mr. Herb Greocb, General Manager Midpeuiosula Regional Open Space Dist. � Old mill Office Center � Building C, Suite 135 201 San Antonio Circle � Mountain View, C& 94840 ! Dear Mr. Greoob; We are unable to recommend the Sierra-Axol or the Coal Creek Acqui- sition Projects for financial assistance under the I986/87 Fiscal Year Land and Water Conservation Fund Program, The selection of projects is based opno the amount of available | funds, federal criteria and the State'o federally approved project selection system. After taking these factors into consideration, � your projects were rated lower than the funded projects within � Planning Districts l, 2, 3 and 4- For this reason, it could not be included in this year's program. | | I appreciate your interest in the Land and Water Conservation Fund Program and hope you will not become discouraged from submitting | applications in future years. � � � yHen p,or Director � lkvh Poe 0 am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING Q SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 June 25, 1987 Honorable George Deukmejian Governor, State of California State Capitol Sacramento, CA 95814 Dear Governor Deukmejian: Assembly Bill 2425 , authored by Assembly Member Sher, has been approved by the Legislature and is before you for consideration. This bill would amend the Public Resources Code governing regional park and open space districts. Under current law the board of directors of these districts may borrow money within prescribed limits to finance land acquisition and park improvements, and any individual note issue must be repaid within ten years. Under current law the total outstanding debt at any time cannot exceed four years anticipated tax revenue. Assembly Bill 2425 would allow new debt to be repaid within twenty years maximum and would increase the total debt allowed to a maxi- mum of five years anticipated tax. revenue . The longer maximum term allows lower annual payments for a given amount of debt or, conversely, ' greater total debt for the same annual payments, or a combination of the two. These factors , therefore, would offer the districts more flexibility in structuring cash flow and would allow them to take advantage of purchase opportunities when presented or to finance needed capital improvements. No new or increased taxes would be authorized by this legislation. Funds for debt service would continue to come from the districts' AB 8 allocation of the 1% property -tax levy. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I respectfully request your support of AB 2425 . Si ly yours, Britton L Cr Britton Agssis ant General Manager cc:4OSD Board of Directors Assemblyman Sher. Senator R. Morgan R. Heim 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 2i"'. "MIMIC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 30, 1987 TO: Applicants for Director in Ward 2 FROM: H. Grench, General Manager SUBJECT: Informational Packet About the District The following material is enclosed for your information as an applicant for the position of Director, Ward 2 of the Midpen- insula Regional Open Space District: l) - Basic Policy of Midpeninsula Regional Open Space District 2) Master Plan - April, 1978 3) Regulations for Use of MROSD Lands 4) Open Space Preserves brochure 5) Open Space - Special Annual Report Issue 1985-1986 6) Current organization chart 7) 1987-1988 Action Plan 8) Report R-87-79 of May 26, 1987 regarding the preliminary budget for the 1987-1988 fiscal year Completed Ward 2 applications must be received at the District office by 5 :00 P.M. , Friday, July 10 . The Board of Directors intends to hold interviews and fill the vacancy by July 23 . cc: Board of Directors ► JUN 29 '1387 lilt t i _ Whole Access A June 24 , 198? Mr . Paul Voakes Peninsula Times Tribune P.O . Box 300 Palo Alto, Ca 94302 Dear Mr . Voakes : It was a pleasure to read the two pieces that your paper did on the Midpeninsula Regional Open Space District project at Skyline Ridge Open Space Preserve, which will provide nature access to people of all abilities . Both the news article and your editorial were informative and well written. Whole Access has been working since 1983 to increase outdoor recreational opportunities for nature lovers of all abilities, including persons who have mobility, cognitive/ learning, communication, or emotional disabilities . This I organization provides training for park planners/designers, resource managers , and program personnel ( including docents) . We have also reached out to the public through press releases and through speakers ' programs . In addition to these activities, Whole Access strives to serve as a catalyst for , and a supporter of quality projects -- such as Skyline Ridge Open Space Preserve -- which incorporate "whole access" as an integral part of the basic plan. We have been gratified to see the District 's enthusiastic and creative response to our original educational programs, which were held at the Hewlett-Packard Company in Palo Alto in 1984 . These programs, which taught the importance of incorporating "whole access" into parks and open space trails facilities and programs , were heavily attended b P g Y Y District personnel on all levels, including the Board and the General Manager . I 517 Lincoln Avenue Redwood City, CA 94061 415/363-2647 *415/363-2648 *Telecommunication Device for Deaf Communication Paul Voakes - June 24 , 1987 2 - Over the past several years, Whole Access has been happy to provide the District with technical assistance on accessibility, and support for the funding of projects at Skyline Ridge and Purisima Creek Redwoods Open Space Preserve. We look forward to a continued cooperative relationship with Midpeninsula Regional. Open Space District, and to more good access for all people to the rich nature experiences available on Open Space lands . Yours truly, r Phyllis Cangemi Executive Director PC : jmc i I Saturday, June 13, 1987 ' Open s_pa_ce planned for disabled Retreating t® the wilderness By Ann Gibbons esque lake. Or, they could fish expects to break ground next sum Times Tribune staff along the banks of Horseshoe Res- mer and to open parking lots and. ervoir nearby and picnic on a knoll some trails within a year or two. Two lakes in a bucolic setting on covered with oak trees. All of the work, including the the crest of the Peninsula's foot- hills soon should be turned into a The district already has been construction of a parking lot for ;wilderness retreat for people with promised $606,500 by the state and equestrians and a nature interpre- •disabilities, following action taken is hoping to get another $110,000 to tive center at Alpine Pond, should .this week by the Midpeninsula Re- carry out all of its plans for the be complete within three years,ac- gional Open Space District. preserve near the corner of Sky- cording to Dave Hansen, land man- line Boulevard and Page Mill ager for the district. Trails will be built around two Road, west of Los Altos Hills. The new master plan also in- small lakes that could be navigated months of working out cludes a proposal to build a tunnel After m i complicated by people in wheelchairs or babies details, such scrap- under Alpine Road to allow pedes- .in strollers as part of an ambitious P trians and people with disabilities development plan for the 7,500- ping plans that would have meant to travel from a proposed parking acre Skyline Ridge Open Space grading a field of buttercups fora lot to Alpine Pond with ease, and :Preserve. parking lot, the district's directors without having to cross the road. voted unanimously Wednesday to A platform will be built along the approve a master plan for the pre- The district is seeking $110,000 shores of Alpine Pond, making it serve. from the state to Install an 80-foot` possible for people with handicaps long aluminum underpass at the to get a close look at the pictur- If all goes as planned,the district site. District staff said the chances for getting the money look "very promising." The district originally planned to build a parking lot with handi- capped parking on the same side of the road as Alpine Pond, but it would have required too much grading and destroyed the tranquil setting of the lake. �" The new plans call for a parking lot north of Alpine Road, which will be linked to the lake by the unr derpass. Another parking lot with special handicapped parking also will be built close to Horseshoe Reservoir. ' The district expects to complete. its development plans this summet, after it gets the final go-ahead froin the state. The state Legislature is expected to give its final approval of the $606,500 in grant money on July 1. The money also will be spent to build a Skyline trail from Horse- shoe Reservoir to a ranch on the property, just south of Alpine Lake. ; Restrooms will be installed at both lakes, as well as signs that identify the entries and trails at the A-$—TIMES TRIBUNE Tuesday, June 16. 1987 . , vmesofribune1 Palo Alto,Calif.94301 i Peter E.Heraty,Pn�+ &0"oftw Michael G.fCidder,E,.c-riw%4"Prtjd °"d Ed" Paul Wakes, Donald D.Thomton, :WjHiom L Harks, Ed�orw�,Edra w'"OQp°""Edw E#0vMv Poems Edtor EDITORIALS A new l wel of access similar trail to Horseshoe Reser- DESPITE THE abu'dance of parks, and a iteng picnicking forests and open pace preserves voir will enable fishing and p' to which Peninsula residents can for Bth se in ut how much lof the preserve should conveniently get away from it all, muchpark- df that bucolic beauty is denied people be leveled to provide o i a for andthan a who use wheelchairs or families that use i After year to find a non-intrusive way to make re ible by rough-hewn hiking trails only. strollers.The areas too often are access- the access convenient, the district ap- In many other settings providing proved a creative plan last week. A viheelchair access is a matter of con- parking lot will be built near Alpine struction — ramps, elevators, widened Pond,but opposite Alpine Road from the corridors — but in the open spaces it's preserve. A road crossing won't be nec- more complicated. To enable the visitor essary, however, if a tunnel under Al- to get into the heart of the preserve, pine Road, leading to the path to the roads and parking lots must be built In pond, can be built. The district has re- tl the elements of he preserve — which could ruin thA ceitheved glanunding for except the lunderpass, which datural setting. • The Midpeninsula Regional Open w`We cope sbate out $110,00. forthcoming Space District district has won approval funding for a $600,000 grant to develop the Sky- for the underpass as well. It offers a way line Ridge preserve, near the intersec- to satisfy the competing interests of safe- tion of Skyline Boulevard and Alpine ty and convenience for visitors in wheel- Road, in ways that provide wheelchair chairs, and preservation of the land and stroller access to the preserve's close to the lakes. With the completion rhost attractive settings: Horseshoe Res- of the plan the Peninsula can at last ervoir and Alpine Pond. At Alpine Pond offer a back-to-nature getaway to ail its there will be a lakeside platform trail, residents. CLAIMS No. 87-13 Meeting 87-15 MIDPENIi LA REGIONAL OPEN SPACE D,_iRICT Date: July 8, 1987 REVISED C L A I M S n A-nount Name Description 126 626.98 Adia Personnel Services Temporary Office Help 127 20.00 American Land Resource Association Subscription 128 14.40 AmeriGas Tank Rental 129 443.53 Gerry Andeen Reimbursement--Conference Expense 130 833.00 Aplin & Uno Design Work for Slide Show 131 7.42 AT&T Consumer Products Telephone Rental 132 96. 14 AT&T Telephone Rental 133 4,771 .20 Brauer Grading Road Grading 134 241 .76 California Water Service Company Water Service 135 48.69 Camden Rentals, Inc. Equipment Parts 136 51 ,493.96 California Department of General Trucks Services Cooperative Purchasing 137 50.00 California Park & Recreation Advertisement Society 138 973.95 Case Power Equipment Equipment Rental 139 289.24 Citicorp Industrial Credit lnc. Telephone Lease 140 93.72 Clark's Auto Parts Vehicle Parts 141 169.52 Clement Communications, Inc. Subscription 142 407.46 Communications Research Company Radio Batteries 143 340.26* Computer Biz Computer Monitors 144 29.53 Consolidated Parts, Inc. Equipment Part 145 542. 14 Alice Cummings Reimbursement--Conference Expense, Xeroxing and Private Vehicle Expense 146 217.21 Th e he Darkroom Film Processing and Prints 147 2,000.00 Deloitte Haskins & Sells Interim Billing for Audit 148 114.17 Dennis Danielson Reimbursement--Maps and Uniform Expense 149 253.46 Discount Office Supply Office Supplies 150 162.50 Donnelly Newspapers Advertisement 151 232.08 Jack Dymond Associates Xeroxing 152 72.72 John Escobar Reimbursement--Field Supplies and Uniform Expense 153 74.78 Jean Fiddes Reimbursement--Resource Material and Supplies 154 160.00 First American Title Insurance Co. Title Policy--Blest Property. 155 4,700,000.00 Founders Title Company Land Purchase--Slobe 156 1 ,956. 14 Curtis Fukuda Prints for Publication 157 19.65 Galls, Inc. Field Supplies 158 12.75 Graphistat, Inc. Map Artwork ill Emergency Check Issued on June 29, 1987 CLAIMS No. 87-13 'ISED Meeting 87-15 Date: July 8, 1987 Amount Name Description 159 583.56 ' Herbert Grench Reimbursement--Conference, Out-of-Town Meeting Expense and Meal Conference 160 100.00. Edmund .Guidice Defensive Tactics Training 161 183.96 Mary Hale Private Vehicle Expense. 162 10.65 Langley Hill. Quarry Base Rock 163 82.28 The Hub Schneiders Uniform Expense 164 133.41 International Business Machines Office Supplies 165 2,799.34 Keeble & Shuchat Photography Equipment and Film 166 70.29 Matthew Ken Reimbursement--Uniform Expense- 167 1 ,008.90 Las Altos Garbage Company Dumpster Rental 168 16.00 Los Altos Stationers Office Supplies 169 25.00 Management Learning Laboratories Subscription 170 2,018.00 McCracken, Byers & Martin Legal Fees--Dyer 171 1 ,500.00 Metro Real Estate Research Appraisal Services 172 614.27 Micro Accounting Solutions Computer Software 173 135.00** Micro Financial Computer Hardware 174 9,933.55*** Micro Financial Computer Hardware ' 15 270.00 Mills Mechanical Plumbing--Skyline Ridge 176 22,532.06 Mission Valley Ford Truck 177 101 .35 Mobil Oil Company Fuel 178 2,450.00 Neadho, Inc. Landscape Services--Purisima Parking Area 179 91 .90 Stanley Norton Expenses for April and May 180 404.35 On-Line Business Systems, Inc. Computer Expense 181 216. 13 Orchard Supply Hardware Field Supplies . 182 951 .68 Pacific Bell Telephone Service 183 155.47 Pacific Gas & Electric Company Utilities 184 43.09 Cityof Palo Alto Utilities Utilities t s 185 10.00 Peninsula Conservation Center Subscription Foundation 186 8.67 Peninsula Oil Company P Y Fuel 187 87.50 Petrotek Equipment Repair 188 82.69 Pitney Bowes Office Supplies 189 74.90 Port-O-Let Sanitary Services l90 1 ,000.00 Lisa D. Posternak Environmental Consultant 191 14.38 Precision Engravers, Inc. Ranger Name Badges - Emergency Check Issued On June 25, 1987 %* Emergency Check Ussued On June 30, 1987 ' CLAIMS No. 87-13 Meeting 87-15 Date: July 8, 1987 Amount Name PeVscription 192 46.50 ' Rafils to Trails Resource Document 193 12.29 Rancho Hardware & Garden Shop Field Supplies - 194 575.95' Redwood Stationers Office Furniture and Supplies 195 t26.75 Reht-A-Computer Computer Rental 196 = 52.69 Regal Dodge 9 9 Truck Engine and Installation 197 60.0o Eric Remington Archaeological Report 198 10.00 Chris Saenger Fuel 199 101.08 San Francisco Water Department Water Service 200 340.80 San Jose Mercury News Advertisement 201 2,296.86 Santa Clara County Sheriff's Patrol Services Department 202 394.66 Sears and Roebuck Field Equipment 203 6,135.00 E. R. Sheehan Consultation Services and Equipment Rental 204 2,724. 12 She) ] Oil Company Vehicle Repairs and Fuel 205 14.58 Skyline County Water District Water Service 206 7.06 Bruce Bakers Skywood Gas Fuel 207 504.00 Glenn Smith Consulting Services--Planning 208 2,500.00 C. S. Stewart Associates Soil Engineering Services 209 143.65 Summit Uniforms Field Supplies 210 1 ,284.00*** Tarragon Systems Computer Software 211 800.00 United States Postmaster Postage 212 918.55 Utility Body Company Vehicle Repairs 213 229,900.00****-Valley Title Company Land Purchase--Maas 214 336.13 Rich Voss Materials Base Rock 215 355.41 Rich Voss Trucking, Inc. Delivery 216 88.00 J. F. Warren Construction Co. Consulting Services 217 2,998.51 Wendel Lawlor Rosen s Black Legal Expense 218 50.00 Western Interpreters Association Membership Renewal 219 144.48 Del Woods Private Vehicle Expense 220 426.39 Word Products Company Computer Supplies 221 192.60 The Workingman's Emporium Uniform Expense 222 799.88 Xerox Corporation Maintenance and Supplies I 223 3,679. 18 Ortha Zebroski Consulting Services--Landscape Architect 1 224 240.95 Petty Cash Field, Office and Drafting Supplies, i Meal Conferences, Express Mail , Film Processing, Equipment Repairs and Private Vehicle Expense Emergency Check Issued On June 25, 1987 „****Will be withdrawn from the 1987 Promissory dote Acquisition Fund. CLAIMS lib. 87-13 Meeting 87-15 MIDPENINS. —A REGIONAL OPEN SPACE DIS�,tICT Date: July 8, 1987 C L A I M S n Amount Name Description 126 626.98 Adia Personnel Services Temporary.Office Help 127 20.00 American Land Resource Association Subscription 128 14.40 AmeriGas Tank Rental 129 443.53 Gerry Andeen Reimbursement--Conference Expense 130 833.00 Apl.in & Uno Design Work for Slide Show 131 7.42 AT&T Consumer Products Telephone Rental 132 96.14 AT&T Telephone: Rental 133 4,771 .20 Brauer Grading Road Grading 134 241 .76 California Water Service Company Water Service 135 48.69 Camden Rentals, Inc. Equipment Parts 136 51 ,493.96 California Department of General Trucks Services Cooperative Purchasing 137 50.00 California Park & Recreation Advertisement Society 138 973.95 Case Power Equipment Equipment Rental 139 289.24 Citicorp Industrial Credit- Inc. Telephone Lease 140 93.72 Clark's Auto Parts Vehicle Parts 141 169.52 Clement Communications, Inc. Subscription 142 407.46 Communications Research Company Radio Batteries 143 340.26* Computer Biz Computer Monitors 144 29.53 Consolidated Parts, Inc. Equipment Part 145 542. 14 Alice Cummings Reimbursement--Conference Expense, Xeroxing and Private Vehicle Expense 146 217.21 The Darkroom Film Processing and Prints 147 2,000.00 Deloitte Haskins & Sells Interim Billing for Audit 148 114. 17 Dennis Danielson Reimbursement--Maps and Uniform Expense 149 253.46 Discount Office Supply Office Supplies 150 162.50 Donnelly Newspapers Advertisement 151 232.08 Jack Dymond Associates Xeroxing 152 72.72 John Escobar Reimbursement--Field Supplies and Uniform Expense 153 74.78 Jean Fiddes Reimbursement--Resource Material and Supplies 154 160.00 First American Title Insurance Co. Title Policy--Blest Property 155 4,700,000.00 Founders Title Company Land Purchase--Slobe 156 1 ,956. 14 Curtis Fukuda Prints for Publication 157 19.65 Galls, Inc. Field Supplies 158 12.75 Graphistat, Inc. flap Artwork Emergency Check Issued on June 29, 1987 _ __ c.c,.�r 'a1 I Meeting 87-15 Amount Date: July�8, 1987 Name Description 159 583.56 ' Herbert Grench Reimbursement--Conference, Out-of-Town . Meeting Expense and Meal Conference 160 . 100.00 Edmund .Guidice Defensive Tactics Training 161 183r96 Mary Hale Private Vehicle Expense 162 10.65 Langley Hill. Quarry Base Rock 163 82.28 The Hub Schneiders Uniform Expense 164 133.41 International Business Machines Office Supplies 165 2,799.34 Keeble & Shuchat Photography Equipment and Film 166 70.29 Matthew Ken Reimbursement--Uniform Expense 167 1 ,008.90 Los Altos Garbage Company Dumpster Rental 168 16.00 Los Altos Stationers Office Supplies 169 25.00 Management Learning Laboratories Subscription 170 2,018.00 McCracken, Byers & Martin Legal Fees--Dyer 171 1 ,500.00 Metro Real Estate Research Appraisal Services 172 614.27 Micro Accounting Solutions Computer Software 173 135.00* Micro Financial Computer Hardware 174 9,933.55*** Micro Financial Computer Hardware 11'5 270-00 Mills Mechanical • Plumbing--Skyline Ridge 176 22,532.06 Mission Valley Ford Truck 177 101r35 Mobil Oil Company Fuel 178 2,450.00 Neadho, Inc. Landscape Services--Purisima Parking Area 179 91 .90 Stanley Norton Expenses for April and May 180 404r35 On-Line Business Systems, Inc. Computer Expense 181 216. 13 Orchard Supply Hardware Field Supplies 182 951 .68 Pacific Bell Telephone Service 183 155.47 Pacific Gas & Electric Company Utilities 184 43-09 City of Palo Alto Utilities Utilities 185 10.00 Peninsula Conservation Center Subscription Foundation 186 8.67 Peninsula Oil Company Fuel 187 87.50 Petrotek Equipment Repair 188 82.69 Pitney Bowes Office Supplies 189 74.90 Port-O-Let Sanitary Services 190 1 ,000.00 Lisa D. Posternak Environmental Consultant 191 14-38 Precision Engravers, Inc. Ranger Name Badges Emergency Check Issued On June 25, 1987 Emergency Check Ussued On June 30, 1987 i i CLAIMS No. 87-13 Meeting 87-15 Date: July 8, 1987 # Amount Name Description 192 46.50 ' Rails to Trails Resource Document 193 12.29 Rancho Hardware & Garden Shop Field Supplies 194 575.95' Redwood Stationers Office Furniture and Supplies 195 26.75 Rent-A-Computer Computer Rental 196 3,162.05 Regal Dodge Truck Engine and Installation 197 60.00 Eric Remington Archaeological Report 198 10.00 Chris Saenger Fuel 199 101.08 San Francisco Water Department Water Service 200 340.80 San Jose Mercury News Advertisement 201 2,296.86 Santa Clara County Sheriff's Patrol Services Department 202 394.66 Sears and Roebuck Field Equipment 203 6, 135.00 E. R. Sheehan Consultation Services and Equipment Rental 204 2,724. 12 Shell Oil Company Vehicle Repairs and Fuel 205 14.58 Skyline County Water District Water Service 206 7.06 Bruce Bakers Skywood Gas Fuel 207 504.00 Glenn Smith Consulting Services--Planning 2,500.00 C. S. Stewart Associates Soil Engineering Services 209 143.65 Summit Uniforms Field Supplies 210 1 ,284.00*** Tarragon Systems Computer Software 211 800.00 United States Postmaster Postage 212 918.55 Utility Body Company Vehicle Repairs 213 229,900.00***-`Valley Title Company Land Purchase--Maas 214 336.13 Rich Voss Materials Base Rock 215 355.41 Rich Voss Trucking, Inc. Delivery 216 88.00 J. F. Warren Construction Co. Consulting Services 217 2,998.51 Wendel Lawlor Rosen S Black Legal Expense 218 50.00 Western Interpreters Association Membership Renewal 219 144.48 Del Woods Private Vehicle Expense 220 426.39 Word Products Company Computer Supplies 221 192.60 The Workingman's Emporium Uniform Expense 222 799.88 Xerox Corporation Maintenance and Supplies 223 3,679. 18 Ortha Zebroski Consulting Services--Landscape Architect i i } i r... Emergency Check Issued On June 25, 1987 „*`**Will be withdrawn from the 1987 Promissory Note Acquisition Fund. A _ ,. , CLAIMS No. 87-13 Meeting 87-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dates July 8, 1987 REVISED C L A I M S f Amount Name Description 126 626.98 Adia Personnel Services Temporary -Office Help 127 20.00 American Land Resource Association Subscription 128 14.40 AmeriGas Tank Rental 129 443.53 Gerry Andeen Reimbursement--Conference Expense 130 833.00 Apl.in & Una Design Work for Slide Show 131 7.42 AT&T Consumer Products Telephone Rental 132 96.14 AT&T Telephone Rental 133 4,771 .20 Brauer Grading Road Grading 134 241 .76 California Water Service Company Water Service 135 48.69 Camden Rentals, Inc. Equipment Parts 136 51 ,493.96 California Department of General Trucks Services Cooperative Purchasing 137 50.00 California Park & Recreation Advertisement Society 138 973.95 Case Power Equipment Equipment Rental 139 289.24 Citicorp Industrial Credit� lnc. Telephone Lease 93.72 Clark's Auto Parts Vehicle Parts 169.52 Clement Communications, Inc. Subscription 142 407.46 Communications Research Company Radio Batteries 143 340.26* Computer Biz Computer Monitors 144 29.53 Consolidated Parts, Inc. Equipment Part 145 542.14 Alice Cummings Reimbursement--Conference Expense, Xeroxing and Private Vehicle Expense 146 217.21 The Darkroom Film Processing and Prints 147 2,000.00 Deloitte Haskins & Sells Interim Billing for Audit 148 114. 17 Dennis Danielson Reimbursement--Maps and Uniform Expense 149 253.46 Discount Office Supply Office Supplies 150 162.50 Donnelly Newspapers a ers Advertisement 151 232.08 Jack Dymond Associates Xeroxing 152 72.72 John Escobar Reimbursement--Field Supplies and Uniform Expense 153 74.78 Jean Fiddes Reimbursement--Resource Material and Supplies 154 160.00 First American Title Insurance Co. Title Policy--Blest Property 155 4,700,000.00 Founders Title Company Land Purchase--Slobe 156 1 ,956. 14 Curtis Fukuda Prints for Publication 157 19.65 Galls, Inc. Field Supplies i 158 12.75 Graphistat, Inc. Map Artwork --VISED Meeting 87-15 Date: July 8,, 1987 # Amount Name Description 159 583.56 ' Herbert Grench Reimbursement--Conference, Out-of-Town Meeting Expense and Meal Conference 160 100.00 Edmund ,Guidice Defensive Tactics Training 161 183.96 Mary Hale Private Vehicle Expense. 162 10.65 Langley Hill. Quarry Base Rack 163 82.28 The Hub Schneiders Uniform Expense 164 133.41 International Business Machines Office Supplies 165 2,799.34 Keeble & Shuchat Photography Equipment and Film 166 70.29 Matthew Ken Reimbursement--Uniform Expense_ 167 1 ,008.90 Los Altos Garbage Company Dumpster Rental 168 16.00 Los Altos Stationers Office Supplies 169 25.00 Management Learning Laboratories Subscription 170 2,018.00 McCracken, Byers S Martin Legal Fees--Dyer 171 1 ,500.00 Metro Real Estate Research Appraisal Services 172 614.27 Micro Accounting Solutions Computer Software 173 135.00** Micro Financial Computer Hardware 174 9,933.55*** Micro Financial Computer Hardware 1 2 0.00 Mills Mechanical - 75 P1 i 7 Plumbing--Skyline n -Sk line Ridge 9 Y 9 176 22,532.06 Mission Valley Ford Truck 177 101 .35 Mobil Oil Company Fuel 178 2,450.00 Neadho, Inc. Landscape Services--Purisima Parking Area 179 91 .90 Stanley Norton Expenses for April and May 180 404.35 On-Line Business Systems, Inc. Computer Expense 181 216. 13 Orchard Supply Hardware Field Supplies 182 951 .68 Pacific Bell Telephone Service 183 155.47 Pacific Gas S Electric Company Utilities 184 43.09 City of Palo Alto Utilities Utilities 185 10.00 Peninsula Conservation Center Subscription Foundation 186 8.67 Peninsula Oil Company Fuel 187 87.50 Petrotek Equipment Repair 188 82.69 Pitney Bowes Office Supplies 189 74.90 Port-O-Let Sanitary Services 190 1 ,000.00 Lisa D. Posternak Environmental Consultant 191 14.38 Precision Engravers, Inc. Ranger Name Badges Emergency Check Issued On June 25, 1987 Emergency Check Ussued On June 30, 1987 ' CLAIMS No. 87-13 Meeting 87-15 Date: July 8, 1987 Amount Name Iescri ption 192 46.50 - Rails to Trails Resource Document 193 12.29 Rancho Hardware & Garden Shop Field Supplies 194 575.95- Redwood Stationers Office Furniture and Supplies 195 tt26.75 Reht-A-Computer Computer Rental . 196 3;'+6�.6 Regal Dodge 9 g Truck Engine and Installation 197 60.00 Eric Remington Archaeological Report 198 10.00 Chris Saenger Fuel 199 101.08 San Francisco Water Department Water Service 200 340.80 San Jose Mercury News Advertisement 20) 2,296.86 Santa Clara County Sheriff's Patrol Services Department 202 394.66 Sears and Roebuck Field Equipment 203 6, 135.00 E. R. Sheehan Consultation Services and Equipment Rental 204 2,724. 12 Shell Oil Company Vehicle Repairs and Fuel 205 14.58 Skyline County Water District Water Service 206 7.06 Bruce Bakers Skywood Gas Fuel 207 504.00 Glenn Smith Consulting Services--Planning 2,500.00 C. S. Stewart Associates Soil Engineering Services 143.65 Summit Uniforms Field Supplies 210 1 ,284.00**** Tarragon Systems Computer Software 211 800.00 United States Postmaster Postage 212 918.55 Utility Body Company Vehicle Repairs 213 229,900.00**** Valley Title Company Land Purchase--Maas 214 336.13 Rich Voss Materials Base Rock 215 355.41 Rich Voss Trucking, Inc. Delivery 216 88.00 J. F. Warren Construction Co. Consulting Services 217 2,998.51 Wendel Lawlor Rosen & Black Legal Expense III 218 50.00 Western Interpreters Association Membership Renewal 219 144.48 Del Woods Private Vehicle Expense 220 426.39 Word Products Company Computer Supplies 221 192.60 The Workingman's Emporium Uniform Expense 222 799.88 Xerox Corporation Maintenance and Supplies 223 3,679. 18 Ortha Zebroski Consulting Services--Landscape Architect 224 240.95 Petty Cash Field, Office and Drafting Supplies, i Meal Conferences, Express Mail , Film Processing, Equipment Repairs and Private Vehicle Expense Emergency Check Issued On June 25, 1987 *****Will be withdrawn from the 1987 Promissory (Note Acquisition Fund.