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HomeMy Public PortalAbout19920722 - Agendas Packet - Board of Directors (BOD) - 92-18 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-18 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7:30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 July 22, 1992 Mountain View, Calif . (7:30) ROLL CALL PLEDGE OF ALLEGIANCE ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- R. McKibbin APPROVAL OF MINUTES *** June 24, 1992 (Consent Item) WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Award of Bid for Eucalyptus Tree Removal at Rancho San Antonio Open Space Preserve -- J. Escobar (8:15) 2. Informational Report to the Board on Requirements and Response for the Americans with Disabilities Act -- R. Anderson 3. Amendment to Rules of Procedure for Financial Instrument Signatories and Revision of Authorized Signatories for District Accounts -- J. Fiddes Resolution Amending Rules of Procedure Resolution Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) Resolution Authorizing Signing of Payroll Checks for Payroll Checking Account (First Interstate Bank of California - Los Altos) 4. Authorization for CalTrans to Enter District Lands to Complete Certain Drainage Improvements -- J. Escobar 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop (8:45) 5. Recision of Agreement to Purchase Corte Madera Partnership Property as a Proposed Addition to the Windy Hill Open Space Preserve -- H. Grench Resolution Rescinding Resolution 92-23 Authorizing Acceptance of Real Property Transfer Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Windy Hill Open Space Preserve - Lands of Corte Madera, A Partnership) (8:55) 6. Scheduling of 20th Anniversary Board Member Hikes -- B. Crowder 7. Authorization to Solicit Driveway Relocation Bids (La Honda Creek Open Space Preserve) (9:05) 8. Bay Trail Slide Show -- D. Woods INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can be accurately included in the minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar shall be approved without discussion by one motion unless a Board member removes an item from the consent calendar for separate discussion. A member of the public may request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC NEETTNGS The 20tb Anniversary Committee will meet August 19, 1992 beginning at 1:30 P.N. at the District Office. The purpose of the meeting will be to plan upcoming events celebrating the District 's twentieth anniversary. Open Space if MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-15 REGULAR MEETING BOARD OF DIRECTORS June 24 , 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7: 35 P.M. Members Present: Katherine Duffy, Nonette Hanko, Richard Bishop, Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder. Personnel Present: Craig Britton, Jean Fiddes, John Escobar, Del Woods, Sheryl Cochran, Alice Cummings, and Emma Johnson. II. ORAL COMMUNICATIONS There were no oral communications. III. ADOPTION OF AGENDA N. Hanko proposed that an urgency item regarding the state budget crisis be added to the agenda. She requested this be considered an urgency item because of the impact on the District and its activities. Motion: N. Hanko moved that an eighth item regarding the state budget and its impact on District funding be added to the agenda as an urgency item. R. Bishop seconded the motion. The motion passed 7 to 0. The agenda, as amended, was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR N. Hanko stated she would like the minutes of May 27 and June 10 removed from the consent calendar. K. Duffy stated she would like to have Written Communications removed from the consent calendar. Motion: N. Hanko moved that the Board adopt the consent calendar, including Notice of Contract Completion and Acceptance of Work for Skyline Ridge Open Space Preserve Trail Development Project (Report R-92-74) and Revised Claims. B. Crowder seconded the motion. The motion passed 7 to 0. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-15 Page 2, C. Britton introduced Randy Anderson, the District 's new planning manager; Carleen Bruins introduced Joan Young, the District's new volunteer coordinator; and John Escobar introduced the District's newest open space technician, Mark Casaretto. V. APPROVAL OF MINUTES May 27 , 1992 N. Hanko stated that the date of June 8 in the second paragraph of Item B on page 2 should be June 9 . Motion: N. Hanko moved the minutes of May 27, 1992 be approved as amended. B. Crowder seconded the motion. The motion passed 7 to 0. June 10, 1992 N. Hanko stated that the record should show that she is opposed to the formation of the Vidovich assessment district and will not support assessment districts in the future unless they are initiated by the residents of the assessment area. She asked that the third paragraph, page 3 be amended to state that she "would not support any assessment district. . . " rather than she "would not support another assessment district. . . " Motion: N. Hanko moved that the minutes of the June 10 meeting be approved as amended. B. Crowder seconded the motion. The motion passed 7 to 0. VI. WRITTEN COMMUNICATIONS K. Duffy proposed that the response to Mr. Cristal be changed to state that "the seasonal posting was in process when we received your letter and the warning signs are in place" and that a copy of the letter be sent to Santa Clara County Supervisor Diane McKenna since she had received a copy of Mr. Cristal 's letter. Motion: R. Bishop moved that the Board approve the written communication as amended. G. Babbitt seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Proposed Addition of the County of Santa Clara (Azzarello) Property to El Sereno Open Space Preserve (Report R-92-70Z C. Britton stated that the 27 . 88-acre proposed acquisition located west of Lexington Reservoir and south of E1 Sereno Open Space Preserve, includes a 25. 4-acre parcel and five small non-contiguous parcels totalling 2 . 48-acres, and that the purchase price is $366, 000. He said Santa Clara County plans to build a portion of the Ridge Trail that will connect with District ' s trails on the balance of the property. D. Woods showed slides of the properties and illustrated their locations relative to other public properties. He showed potential trails and trail connections and I .Meeting 92-15 Page 3 recommended the property be a conservation management unit until trail linkage is possible. Motion: N. Hanko moved that the Board adopt Resolution 92- 28 , a Resolution of the Board of Directors of the midpeninsula Regional Open Space District Authorizing Acceptance of Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to district, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve - Lands of the County of Santa Clara) . K. Duffy seconded the motion. The motion passed 7 to 0. Motion: N. Hanko moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to El Sereno Open Space Preserve, indicate its intention to dedicate the main portion of the property as public open space, and indicate its intention to withhold the five small non-contiguous parcels from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 7 to 0. B. Proposed Addition of the McOueen Property to the Mt. Umunhum Area of Sierra Azul Open Space Preserve-- (Report -R-92-71) C. Britton reported that the 45-acre property is located south of Mt. Umunhum and northeast of Lake Elsman and adjoins District property along a portion of its eastern boundary and that property of San Jose Water Company surround the property on the remaining sides. He added that the $150, 000 purchase price would include a permanent patrol and non-motorized public trail easement over a portion of the remaining McQueen property, water from the McQueens for caretaker residences at Mt. Umunhum, and a no-cost lease for the District 's communications repeater. He said both of the latter rights are permanent, but on a 10-year renewable basis. S. Norton cautioned staff to establish a system for renewing the water and repeater rights every ten years because the option must be exercised. D. Woods showed the location of the site on the wall map and noted that staff recommends the property be designated a conservation management unit. Meeting 92-15 Page 4 , S. Cochran showed slides of the property, pointing out the property lines and the potential trail corridor connecting Sierra Azul Ridge with Los Gatos Creek Canyon. She added that San Jose Water Company is interested in working with the District on the trail system. Motion: B. Crowder moved that the Board adopt Resolution 92-29 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Real Property Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute any and all Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve Lands of McQueen) . K. Duffy seconded the motion. The motion passed 7 to 0. Motion: B. Crowder moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 7 to 0. C. Proposed Gift of Jones Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve (Report R-92-69) C. Britton reported that the two-acre property is part of an old "paper" subdivision, most of which is now owned by Santa Clara Valley Water District. He said the property lies between St. Joseph's Hill Open Space Preserve and the Kennedy Limekiln Area of Sierra Azul and is being offered as a gift to the District. A. Cummings showed slides of the property illustrating the location of the property relative to Sierra Azul and the proposed trail corridor extending from Lexington Reservoir to El Sombroso, as well as the "overgrown" trail which would provide alternative access to the major trail corridor from Alma Bridge Road. Motion: K. Duffy moved that the Board adopt Resolution 92- 30, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager Meeting 92-15 Page 5 or Assistant General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Jones Property) . G. Babbitt seconded the motion. The motion passed 7 to 0. Motion: K. Duffy moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations, including naming the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. G. Babbitt seconded the motion. The motion passed 7 to 0. D. Amendment to Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve and Authorization to Solicit Bids for Eucalyptus Tree Removal (Report R-92-72) J. Escobar reported that during staff 's annual assessment of the need for tree trimming at Rancho San Antonio Open Space Preserve, the eucalyptus trees located between the ranger facility and Deer Hollow Farm have shown signs of stress in the form of numerous dead branches and extensive sprouting on the trunks and major branches. He said this creates a potential hazard for the estimated 8 , 000 visitors who pass under the trees in an average week. He reviewed staff' s three alternatives for mitigating the problem and the cost of each, adding that staff recommends the second option of removing all but the owl tree this year and allowing one more year for the owls to return to the nest. He said that the arborist that staff consulted recommended removing twenty affected trees with the exception of the owl tree. A wildlife consultant evaluated the impacts of a tree removal program on owl nesting success; he recommended removing all but the owl tree and topping that tree at 25-30 feet after the nesting season to remove hazardous branches. Discussion centered on the public' s reaction to the removal of the trees, public safety, and how and when the public would be made aware of a public meeting on the proposal. N. Hanko reported that people she had talked to at the preserve, like she, were not in favor of removing the trees. G. Babbitt, B. Crowder, R. Bishop, R. McKibbin, and K. Duffy responded that the fire and safety hazards require removal of the trees. T. Henshaw noted that there are tremendous possibilities for public relations and public education by way of a flyer and advertising in the local newspaper, and that notice of the informational meeting should be given wide distribution, not just at the preserve. C. Britton responded that although the Board is being asked to approve advertising for bids for the project, the project does not necessarily have to be awarded if the Board Meeting 92-15 Page 6 reverses its thinking regarding the removal of the trees. He added that the public informational meeting would be posted and held on-site. Board members stressed that it is important that enough notice and advertising be given to the meeting so that the public is aware of the problems and proposals. Motion: R. Bishop moved that the Board adopt the amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Preserve to allow for the removal of eucalyptus trees (second alternative) and authorize staff to advertise for bids for the removal of the trees. B. Crowder seconded the motion. The motion passed by the following vote: Ayes: K. Duffy, R. McKibbin, T. Henshaw, G. Babbitt, B. Crowder, and R. Bishop Noes• N. Hanko Motion: K. Duffy moved that funding to build nesting platforms for the owls be included in the revegetation project. N. Hanko seconded the motion. The motion passed 7 to 0. E. Ranger Bicycle Patrol (Report R-92-75) K. Duffy said that she believes the idea of a ranger bicycle patrol is appealing and would like to determine the Board' s consensus on a formal process to have staff evaluate the proposal and propose time-lines for possible implementation. She listed numerous reasons that might make the program a positive one. She said she is also interested in a volunteer bicycle patrol. Discussion followed on the involvement of the Trails Committee. K. Duffy suggested that staff evaluate the use of bicycles by rangers and report to the Board and that the Trails Committee study the volunteer bike patrol. T. Henshaw and R. Bishop agreed that the full Board should consider the issue. G. Babbitt noted that the timeline is a concern. T. Henshaw added that the information should be available before budget preparation begins. D. Woods said potential bicycle patrol is a component of what he hopes the Trails Committee will be presenting to the Board. There was Board consensus that a report will be presented by the Trails Committee on either the bicycle patrol or Trails Committee progress on September 9 . F. Scheduling of Special Meeting on June 29 , 1992 (Report R-92-73) Motion: T. Henshaw moved that the Board schedule a Special Meeting for Monday, June 29 , 1992 beginning at 7 : 30 P.M. at the District office for considering ward boundary adjustments, calling District elections in Wards 3 , 4 , a'nd 7, as well as other agenda items. R. McKibbin seconded the motion. The motion passed 7 to 0. Meeting 92-15 Page 7 G. Update on State Budget Crisis and Impact on-District (Report R- 92-78) N. Hanko reported that the proposed state budget being considered would eliminate the "bailout" funding made available through AB 8, amounting to, at this time, approximately a $2 . 5 million reduction in funds to the District each year. She noted this would seriously impact the District' s ability to purchase new properties. She said that several Board members had been calling legislators to report how the proposed budget would severely affect the District. She recommended sending the letter drafted by staff for the Board president's signature to Governor Wilson, as well as local legislators in Sacramento and the press. R. McKibbin said that, with the Board's concurrence, the letter would be sent the following day. VIII. INFORMATIONAL REPORT K. Duffy proposed having the Bay Trail slide show shown before a Board meeting sometime. She added that, with so many new staff members, she would like to have a gallery of photographs of District employees, perhaps for the new building. C. Britton reported that work is progressing on the new office building. He said that the Monterey Peninsula Regional Park District sent a notice that they're considering hosting a Not-So- Annual Conference at the Monterey Bay Aquarium on Saturday, November 21. He polled the Board on their availability on the proposed date. J. Fiddes reported that staff posted signs regarding the public notice regarding the Vidovich assessment district and that the Los Altos Hills Town Council had been notified of the posting and that the signs will be removed on July 9 . C. Britton gave an update on the Vidovich assessment district formation. IX. ADJOURNMENT The meeting was adjourned at 10: 05 P.M. Emma B. Johnson Recording Secretary Claims No. 92-11 • Meeting 92-15 Date: June 24 , 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT r Name Description ------------------------------ ------------------ 2715 15.38 Advisory Publishing & Consulting Resource Document 2716 960 . 13 Ralph Anderson & Associates Professional Services--ADA Compliance Analysis 2717 815. 10 Associated Construction Electrical Installation--Distel Circle 2718 157.00 * Audio Visual Discounts Audio Equipment--Board Meeting 2719 32 .50 '"Bay Area Ridge Trail Resource Documents 2720 1 ,731 .88 Best Sanitation Sanitation Services--Distel Circle 2721 9,988.48 Binkley Associates Consulting Services--Skvline Water System 2722 4,030.15 Bofors, Inc. Printing--Master Plan 2723 5,910.00 Louis Boadi , General Engineering Roadway Grading 2724 16,976.82 Business Interiors Office Furnishings -25 522 .00 Campbell Towint, Towing Services :126 124.30 Annette Coleman Reimbursement--Staff Activities 2727 238.83 Com Systems Telephone Service 2728 320.86 Edward L. Corekin Repairs--Former Smith House 2729 14,343.98 CRI/Office Pavilion Office Furnishings 2730 599.00 - Alice Cummings Reimbursement--Film and Prints 2731 542.97 The Darkroom Photographs 11 ,150.00 Deloitte & Touche Auditors 2732 41588.46 Design Concepts Consulting,Design and Production--Skyline Ridge Invitation and Brochure, Annual Reuort, Poster, and 1992 Openspace 733 58.40 Deirdre Dolan Local Meeting Expense 2734 165.00 Earth Systems Consultants Plan Review 2735 58.85 Jean Fiddes Private Vehicle Expense `'736 25.00 Flinn, Gray & Herterich Insurance '737 201 .61 Forestry Suppliers, Inc. Field Supplies -738 23.22 Foster Bros.Security Systems , Inc. Keys 739 3, 125.00 Robert M. Garcia Consulting Services--Distel Circle _740 548.75 Goodco Press Printing--Docent Activities and Ne:�rsletter 2741 540. 17 Gregg' s Appliance Refrigerator--Enterprise 1742 36 .69 Herbert Grench Local Meeting Expense 2743 107. 45 Mary Gundert Private Vehicle Expense "_744 2 ,238.75 H & B Management, Inc . Asbestos Inspection Services--Uuane , Chew and Beneficial -745 868 . 27 Harrington & Associates Consulting- Services--20th. Anniversary 2746 206.50 Hengehold Motor Company, Inc. Vehicle Rental--20th Anniversary 2747 232 .83 Hertz Equipment Rental Equipment Rental 2748 687.65 Interstate Traffice Control Signs 2749 75.00 JCP Engineers Plan Review _'750 1 ,977. 73 Jeda Publications Print ing--Letterhear_j and Broc'rures 2751 325.00 Johnson' s Inspection Service House Inspection--Beneficia'_• 1752 257 .33 The Ed Jones Company Badges 2753 7 .0119 .53 Dennis Kobza & associates . Inc. Architectural Services--Ranger Facilities 2754 54. 15 Judy Law Private Vehicle Expense 2755 608.00 Los Altos Garbage Company Dumpster Rental 'Emergency check issued on June 11 , 1992. Claims No. 92-11 Meeting 92-15 Date: June 24 , 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Descriotion ---------------------------------------------------------------------------------------------------- 2756 174. 18 Meyer Appliance Microwave--Distel Circle 2757 325. 18 Merwin Mace Private Vehicle Expense 2758 50.00 Municipal Management Assistants Advertisement of Northern California 2759 12.50 National Trust for Historic Resource Documents Preservation 2760 4.22 Noble Ford Equipment Part 2761 67.58 Northern Energy Propane Fuel 2762 52.00 Stanley Norton April Expenses 2763 740.38 Orchard Supply Hardware Field Supplies 2764 39.83 Pacific Bell Telephone Service 2765 187.05 Peninsula Times Tribune Advertisement 2766 247.46 PIP Printing Printing--Vidovich Assessment District Mailing 2767 200.00 Pitney Bowes, Inc. Maintenance Agreement--Mailing Machine 2768 153.05 Pitney Bowes Credit Corporation Mailing Machine Rental 2769 600.00 Portola Heights Property Owners Road Dues Association 2770 450.00 Price Club Field Supplies 2771 384 .37 Roy's Repair Service Vehicle Repairs and Maintenance 2772 400.00 ** S & W Equipment Company Field Equipment 2773 146.33 Safety-Kleen Corporation Solvent Service 2774 300.00 Santa Clara County Health Permit Department 2775 366,000.00 Santa Clara County Parks Purchase of County Property Department 2776 33. 10 Shell Oil Company Fuel 2777 228.25 Sid's Custom Upholstery Upholstery for District Vehicle 2778 1 ,250.00 George Sipel Associates Professional Services 2779 1 ,864. 13 Jana Sokale Consulting Services--Russian Ridge 2780 5,238.28 Steinberg Group Architectural Services--Distel Circle 2781 2,380.00 Sterling Underground Construction Repairs and Pumping Septic Tank--Rancho 2782 44,631 .30 Summit Springs Design Skyline Ridge Development Project 2783 100.51 Summit Uniforms Uniform Expense 2784 67.20 Taylor Rental Equipment Rental 2785 105.23 University Art Center Drafting Supplies 2786 ) 8.96 Unocal Fuel 2787 414 .08 Vallen Safety Supply Company Safety Supplies 2788 150,000.00 Valley Title Company Property Purchase--McQueen 2789 340.61 Valley Tool & Manufacturing Fire Pumper Supplies 2790 254.38 Word Products Computer Supplies 2791 251 .07 Alice Cummins Private Vehicle Expense 2792 88.80 ***Ryan Herco Industrial Plastics Pipe for Monte Bello Restroom 2793 288. 14 Mary Hale Private Vehicle Expense 2794 345.94 Petty Cash Office and Field Supplies , Film and Developing, Subscription, Postage, Photocopying, Maps, Local Meeting Expense and Private Vehicle Expense *" Emergency check issued on June 17, 1992. ***Emergency check issued on June 2, 1992. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-18 SUMMARY OF JULY 22, 1992 REGULAR BOARD MEETING Pledge of Allegiance - Members of Cub Scout Pack 74 of Los Altos led the Board in the Pledge of Allegiance and singing of "America the Beautiful . " Award of Bid for Eucalyptus Tree Removal at Rancho San Antonio Open Space Preserve - The Board accepted the lowest responsible bid of $36 , 210 from S . P. McClenahan Co. , Inc . of Portola Valley for the removal of 19 eucalyptus trees and the safety pruning of one eucalyptus tree that is a nesting site for a great horned owl . The Board also authorized the General Manager to enter into a contract for performance of the work . Informational Report to Board on Requirements and Response for the Americans with Disabilities Act - The Board approved the approach and schedule outlined in the staff report for preparing a plan and program to address this new federal law. Amendment to Rules of Procedure for Financial Instrument Signatories and Revision of Authorized Signatories for District Accounts - The Board adopted Resolution 92-35 amending Rules of Procedure. In addition, the Board adopted Resolutions 92-36 , 92- 37 , and 92-38 revising authorized signatories for various District accounts . Authorization for CalTrans to Enter District Lands to Complete Certain Drainage Improvements - The Board authorized the President of the Board of Directors to execute the CalTrans permit to enter. Recision of Agreement to Purchase Corte Madera Partnership Property as a Proposed Addition to Windy Hill Open Space Preserve The Board adopted Resolution 92-39 rescinding the Corte Madera Partnership property transaction. Scheduling of 20th Anniversary Board Member Hikes - The Board agreed to set dates for special hikes involving officials in each ward. Authorization to Solicit Driveway Relocation Bids (La Honda Creek Open Space Preserve) - The Board authorized staff to advertise for bids to relocate the Weeks driveway on La Honda Creek Open Space Preserve . Bay Trail Slide Show - Senior Planner Del Woods presented a slide show on the San Francisco Bay Trail . Joan Combs Secretary 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Claims No. 92-13 Meetina 92-18 Date: July 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Descrintion 2843 975.02 Acme & Sons Sanitation Sanitation Services 2844 3.79 Altos Print & Copy Photocopying 2845 3,022.33 Alves Petroleum, Inc. Fuel - 2846 43.30 American Printing & Copying Printing 2847 41.84 American Welding Supply Welding Supplies 2848 1,210.00 Aryireini Bros. , Inc. Driveway Main t_enance--S1<vj ine 2849 102.80 A T & T Maintenance Agreement 2850 267.33 Audio Visual Discounts Public Address System Rental 2851 689.57 Bailev's Western Division Field Eauirment 2852 1,846.88 Best Sanitation Sanitation Services 2853 211.35 BioQuest Wildlife Consultation-Jacques Ridge 2854 823.50 Bluer & Zlotoff Legal Services 2855 971.00 Breon, O'Donnell, Miller, Brown Legal Services & Dannis 2856 227.56 Bridge Radio Services Radio Renairs 2857 1,050.00 BFI Builders Debris Box Service Dumster Rental 2858 300.00 Sarah Butterfield, Scott Miller, Music-Docent Appreciation Event and Joan Butterfield 137.90 Cabela's Inc. Uniform Expense ,;,d60 226.04 California Water Service Comranv Water Service 2861 26.00 California State Park & Recreation Resource Documents 2862 165.00 Campbell's Towing Vehicle Towing 2863 2,711.00 Cannis Consulting Engineers Engineering Services 2864 34.83 Central Stationers Office Supplies 2865 124.80 Clark's Auto Parts/Machine Shoo Vehicle Parts 2866 100.00 Coasts-ide Proflame Propane Fuel 2867 29.71 Annette Coleman Reimbursement-Field Supplies 2868 279.9! Cam Svsteis Telenhone Service 2869 950.00 Communication Strategies Telecommunications Consulting Services 2870 39.78 Contempory Engraving Company Badges 2871 30.00 Edward L. Corekin Repairs--Enterprise 2872 9,546.57 Coroorate Environments, Inc. Office Furniture-Distel Circle 2873 30.00 County Park and Recreation Membership_ Dues Director's Association 2874 225.73 Crest Conies, Inc. Bluelines and Pholl-ocouving 2875 388.46 Alice Cummings Private Vehicle Expense 2876 5,250.00 Dana Property Analysis Anoraisal Services 2877 20.40 East Palo Alto Water District Water Service 2878 64.50 Federal Express Corporation Express Mail 2879 2,607.35 First American Title Insurance Title Insurance Cc=anv 2880 385.00 First Interstate Bark Note Paying Agent--1982 Notes 2881 1,014.00 David B Fisher Legal Services -'82 253.53 Foothill Safety, Inc. Protective Uniform Exrense 883 - 118.49 Forestry Suppliers, Inc. Storage Rack for Field Office 2884 '3,095.70 Robert M. Garcia Consulting Services-Distel Circle 2885 318.63 Gibson Studios Artwork *Emergency check issued on July 15, 1992. Claims No. 92-13 Meeting 92-18 Date: July 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description 2886 1064.82 Goodco Press Printina 2887 14.50 Granhistat, Inc. Artwork- 2888 150.00 Herbert Grench Reimbursement---Out-of-Tcwn Meeting Exoense 2889 64.82 Carol Hankermeyer Reimbursement--Miscellaneous Expenses 2890 329.00 Honeywell Protection Services Burglar Alarm Maintenance 2891 159.28 Image Technology, Inc. Transnarencies and Man Enlargement's 2892 28.50 Travis Jensen Reimbursement--Educational Assistance 2893 59.80 Emma Johnson Reimbursement--Office Supplies 2894 16.28 The Ed Jones Comnanv Badges 2895 147.66 Lab Safety Supply, Inc. Hazardous Material Containers 2896 100.00 La Honda Vista Water Comnany Water Service 2897 200.00 Lopez Gardening Service Gardening Service--Distel Circle 2898 755.71 Los Altos Garbage Company Dumpster Rental 2899 200.00 Macanals Building Maintenance Janitorial Services--Distel Circle 2900 50.00 Meyers, Nave, Raback & Silver Legal Services 2901 459.11 Minton's Lumber & Supply Field Supplies and Eauinment 2902 15.00 Ralph Molica Reimbursement--Educational Assistance 2903 324.75 Monogram Sanitation Sanitation Supplies 2904 71.25 Norney's of Mountain View Office Supplies -q.1;0 5 1,041.95 office Depot Office Supplies 1 36 543.17 Orchard Supply Fzrdwa--,-e Field SunDlies 2907 1,369.06 Pacific Bell Telephone Service 2908 1,796.96 Page & Turnbull, Inc. Architectural Services--Picchetti 2909 113.30 Peninsula Blueprint, Inc. Sian Artwork and Blueprints 2910 330.60 Peninsula Newspaper Group Advertisement 2911 524.70 Peninsula Times Tribune - Advertisement 2912 23,310.00 Plan Construction Company Picchetti Barn Restoration 2913 69.07 Porter Rents Chair Rental--Docent Annreciation Event 2914 562.24 Rich's Tire Service Tires 2915 2,028.35 Roy's Repair Service Vehicle Maintenance & Repairs 2916 225.96 San Jose Mercury News Subscription Advertisement and 2917 152.90 David Sarn-uinetti Reimbursement--Field Sunn-iies 29108 88.32 Skyline County Water District Water Service 2919 457.29 Smith Eauiument Tractor Renairs and Parts 2920 6,429.42 The Steinberg Groun Architectural Services--Distel Circle 2921 5,325.70 Summit Strings Design Skyline Ridge Development Project 2922 258.66 Sunni', Uniforms Uniform Expense 2923 37.48 Systems for Public Safety Resource Documents 2924 212.20 Taylor Rental Eauiument Renta" 2925 3,064.00 Teater and Etc. Artwork and Slides 2926 190.17 United Parcel Service Mailing Services 2927 500.00 University Club of Palo Alto Deposit--Anniversary Event 2928 135.79 Unocal Fuel 2929 284.54 WearGuard Uniform Expense 9930 70.37 West Publishing Company Resource Documents 31 48.71 Word Products Office Supplies 2932 40.00 Joan Young Reimbursement--Training Workshop "Emergency check issued on July 17, 1992. Claims No. 92-13 Meetina 92-18 Date: Julv 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------------ 2933 49.60 Robert McKibbin Reimbursement—Local Neetina Fxrense 2934 781.02 Divine Catering Docent koureciation Event 2935 227.33 Harkins Sian Company Sign 2936 4,071.20 Santa Clara County Patrol Service Sheriff's Department 2937 25.00 Ex'Tronic Eauiixiient Repair 2938 441.88 Petty Cash Local and Out-of-Town Meeting Expense, Field and Office Supplies, Film and Developing, Workshop Registration, and Private Vehicle Exoense JUL 151992 CAPITINA LAW OFFICES ATTORNEYS AT LAW NEVO F. CAPITINA 372 CASTRO STREET M I C H A E L F. CAPITINA MOIINTAiN VIEW, CAIZFOENIA 94041 BARBARA L. CAPITINA TELEPHONE (415) 967-6904 July 13, 1992 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Robert J. McKibbin Staff Acknowledge/Respond President Draft Response Attached Board of Directors Staff to be Directed to Prepare Draft Response for Board Consideration per Mid Peninsula Regional Board Directive(s) open Space District No Response Necessary 201 San Antonio Circle, Ste. C-135 Mountain View, CA 94040 Re: Vidovich Property - Quarry Dear Mr. McKibbin: Thank you for your letter of July 9th, 1992 concerning the action which was taken by the Mid Peninsula Regional Open Space District upon receiving more than 50% protest. However, at this time, it is my opinion that the Vidovich property should be developed as requested several times of the Los Altos Town Council . It would be a development with the lowest density of any regional development that I know of in the past 37 years. I say this, in view of the fact that we are in a period of recession, budget restraints and deficits, and it appears to me that should Mr. Vidovich be permitted to develop his property in such a low density, it would place at least $80- $100 million on the tax rolls which would help reduce the deficits which the County, State and other Governmental Bodies are faced with at this time. Thank you very much. V� t my yours, NEVO F. CAPITINA NFC:mnm cc: Members, Los Altos Hills Town Council RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledg spond Director Acknowledge/Respond � ` � o +�9J��Z Staff Acknowledge/Respond U Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary State of California The Resources Agency M E M O R A N D U M To: Board of Directors Date: 07-09-92 Midpeninsula Regional Open Space District From: Dept. of Fish and Game Fish and Game Warden Ronald E. Gunnerson Subject: Seeking Housing within Midpeninsula Open Space Properties . I would like to take a minute of your time to introduce myself . I have been employed by the Department of Fish & Game for three and a half years . During this time I have been assigned to patrol Santa Clara County. My patrol District starts Northbound At the Alameda County line, Eastbound to the Stanislaus County line, Southbound to Bailey Road and finally Westbound to highway 101 . I am married and have one child and am expecting another sometime around August 19 , 1992 . My intention as stated earlier is to try to find housing outside of the city limits . If you have any property that has housing that would accommodate a family of four and your agency is look- ing for responsible tenants please give me a call . I thank you for your time and hope to hear from you. I can be reached at (408 ) 269-0436 . ncerely, Ronald E. Gunnerson Fish and Game Warden P. 0. Box 21068 San Jose, Ca. 95151-1068 I Open Space 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 14 , 1992 Ronald E. Gunnerson Fish and Game Warden P .O. Box 21068 San Jose , CA 95151-1068 RE: Your letter of July 9 , 1992 Housing within MROSD Properties Dear Warden Gunnerson: Thank you for the interest in our housing accommodations that you expressed in your letter of the 9th. While we do have some housing accommodations that are leased to persons other than our rangers , the quantity is small and the turnover slight. We have two houses on Mt . Umunhum (one of which may become vacant later this year) , and a number of units along Skyline Boulevard, between Saratoga Gap and Kings Mountain Road, ranging in size from a one bedroom apartment to a five bedroom, three bath house. Although there are no current vacancies , and a waiting list , I have enclosed an application form, in case your timing is flexible. We would be delighted to have you as a tenant if the timing is right . Yours very truly, J Merwin A Mace Real Property Representative enclosure cc.: Board of Directors R MRQSD 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:HerbertGrench Board o(Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space R-92-80 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-18 July 22 , 1992 AGENDA ITEM Informational Report to Board on Requirements and Response for the Americans with Disabilities Act GENERAL MANAGER'S RECOMMENDATION A41 Approve the approach and schedule outlined in this report for preparing a plan and program to address this new federal law. Over the next six months, activities will include conducting public outreach meetings and workshops, inventorying trails and facilities for accessibility, and preparing policies and implementing measures to address employment and the workplace, lands and facilities, and programs and services. Discussion 1. Legal Background The Americans with Disabilities Act of 1990 (ADA or "The Act") established that "No qualified individual with a disability shall, by reason of that disability, be excluded from participation in or denied the benefits of services, programs, or activities of a public entity or subject to discrimination by such entity. " This extremely broad and far-reaching legislation has major potential impact on all public agencies and publicly-used facilities and services. The law is open to much interpretation and will be the subject of experimentation and tests both in the field and in the courts. The law does not contain specific standards, but overlays existing physical access laws and standards, implying that the same level of effort will be applied to a comprehensive range of disabilities, in a comprehensive range of facilities, programs and services. The Act became effective January 26, 1992 for park and recreation agencies. The Act contains five titles, pertaining to the subjects listed below: Title I - Employment - Addresses the application process, employment and benefits of employment, including the workspace and work requirements. Title II - Public Services Subtitle A, General Provisions - This is the portion that pertains to the District's facilities and services. 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-80 Page 2 Subtitle B, Public Transportation Title III - Public Accommodations and Services Operated by Private Entities Title IV Telecommunications Title V Miscellaneous - Addresses enforcement provisions, which are based on the 1964 Civil Rights Act; defines right to private actions, not punitive damages. 2 . Significant Features of ADA The basic law has been implemented by a series of rulings published by the Justice Department (28CFR Part 35, effective January 26, 1992) . The basic features of the law and its implications for the District are outlined below: A. Self-Policing: No government agency will check on compliance, although evidence of compliance may be required for future federal grants. Enforcement depends on complaints and private legal action by individuals and groups. The Department of the Interior is the designated federal agency to investigate complaints relating to land and natural resources and parks and recreation agencies, and may refer complaints to the U.S. Attorney General 's office. B. Requires Interpretation: Although the guidelines for accessibility of buildings, handicapped parking spaces and some other features are well defined, the Act is intended to address a complete cross-section of disabilities. Many of the potential barriers or accommodations are not well defined and are subject to investigation and interpretation. This is especially true for open space lands and trails. C. Comprehensive - The Act requires accessibility for a comprehensive range of disabilities, to a comprehensive range of facilities and services, where feasible. D. Access to be Integrated - To the maximum extent feasible, accommodations are to allow disabled persons to participate in the mainstream of opportunities offered by the District; separate facilities and programs are not acceptable. E. No Fundamental Alteration of Service - The Act shall not require that the nature of the basic services or opportunities offered are altered in a fundamental way - (i.e. that access improvements create a R-92-80 Page 3 significant adverse environmental impact or fundamentally detracts from the open space experience of visitors) . This also extends to historic buildings. F. No Undue Burden - The Act does not require agencies to provide accommodations that would create an undue burden based on cost or administrative requirements relative to the number of persons who would benefit and the overall agency and responsible department budgets. The Act does not require that all lands and facilities be accessible; only that the basic programs and services be accessible. 3 . Pertinent ADA Requirements and Deadlines A. Effective date: January 26, 1992 - Law went into effect for park and recreation agencies - applies to new structures and employment, requires designation of responsible employee and establishment of internal complaint procedure. B. Transition Plan: July 26, 1992 - A Transition Plan must be completed "In the event that structural changes to facilities will be undertaken to achieve program accessibility. " It must: - Be based on public comment - Identify Physical obstacles - Describe detailed methods to make facilities accessible - (not necessarily physical changes) . - Identify steps and schedule for implementation - (as expeditiously as possible and before January 26, 1995 - 3 years from implementation of requirement) - Indicate responsible parties - Be available for public review C. District Self-Evaluation Must Be Completed: January 26, 1993 - The self-evaluation should cover all aspects of the District's facilities, programs and services, and identifies corrective measures where necessary. The Self-Evaluation must: - Include evaluation of services, policies, and practices (i.e. employment, programs, communications) - Provide opportunity for public comment - Be maintained and available to the public for 3 years - Include a list of persons consulted, issues and problems examined/identified, and description of R-92-80 Page 4 modifications made. 4. Current Status and Proposed Action A. The Transition Plan for planned structural changes to remove barriers has been started, but cannot be completed by the July 26th deadline due to the time involved to inventory facilities; organize public input; choose, design, estimate and confirm the changes. The law requires the "nuts and bolts" level planning in the Transition Plan to be completed prior to the broader policies and measures that are identified in the Self Evaluation. Due to the delay in the Transition Plan, these documents will be completed together, which will be more effective. Staff recommends that the research, public participation, planning, and documentation for all aspects of access for disabled persons be continued and included in a comprehensive District Accessibility Plan, which could be an integral part of the Strategic Plan and the Action Plan. The required Transition Plan and Self-Evaluation would be incorporated into that document. The proposed general process and schedule for preparing the Accessibility Plan is as follows: (1) Continue with the inventory and evaluation of physical barriers, which should be completed in August, including a preliminary assessment of how to address the problems and what this may cost. (2) Identify local disabled persons and groups to participate in workshops and meetings. Design an outreach and workshop process to facilitate their understanding and input. The public participation would probably take place in September. More than one workshop would probably be required, possibly including an on-site workshop, e.g. at Skyline Ridge. (3) During October, staff will prepare a draft Accessibility Plan containing the background evaluations, proposed policies implementation measures, priorities, and schedules. This will require the participation of the Administration, Planning and Operations Program staffs. (4) During November, public hearings would be initiated on the draft Plan, to allow adequate R-92-80 Page 5 time for review, finalization and adoption prior to the January 26, 1993 deadline for the Self- Evaluation. Additional research and planning must be done before it is necessary to commit to this approach, so it is not necessary for the Board to take action at this time. However, comments and questions from the Board and the public are encouraged now or at any time in the process. 5. Impact On Staff Time The response to the ADA requirements has had and will continue to have a significant impact on staff time in all programs. In the six months from the effective date of the law and through July we estimate that the following hours will have been spent on gathering information, conducting research, and discussing and planning the response. 124 Staff hours by Planning 50 Staff hours by Administration 20 Staff hours by Operations Over the next six months, potentially hundreds more staff hours will be required to prepare this plan, and for ongoing efforts to implement it. The staff and the Board have decisions to make, and will need public input, before the impact and effort can be fully determined. Prepared by: Randy Anderson Contact person: Same as above Open Space R-92-81 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-18 July 22 , 1992 AGENDA ITEM Amendment to Rules of Procedure for Financial Instrument Signatories and Revision of Authorized Signatories for District Accounts ASSISTANT GENERAL MANAGER' S RECOMMENDATIONS , I a" Y (1) Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Amending Rules of Procedure (2) Adopt Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts (3) Adopt Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) (4) Adopt Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing of Payroll Checks for Payroll Checking Account (First Interstate Bank of California - Los Altos) Discussion: As a result of staffing changes and the filling of two management positions, it is necessary to revise the authorized financial instrument signatories for the District 's accounts. The appropriate financial institutions will be informed of the signatory changes. Section 2 . 40 of your Rules of Procedure also needs to be revised to reflect the authorized signatories. The District ' s policy requires one signature for employee payroll checks and for checks and warrants under $5, 000 and two signatures if the check or warrant is over $5, 000. Prepared by: J. Fiddes, Administrative Services Manager Contact Person: Same as above 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop i � (a) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING RULES OF PROCEDURE Section 2 . 40 of the Rules of Procedure of the Board of Directors of the Midpeninsula Regional Open Space District is hereby amended to read as follows: Section 2 . 40 financial Instrument Signatories (a) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional Open Space District for payroll or for amounts less than $5, 000 shall be any one of the following six employees: (i) the General Manager, (ii) the Assistant General Manager/Land Acquisition Manager, (iii) the Administrative Services Manager, (iv) the Operations Manager, (v) the Public Affairs Manager, or (vi) the Planning Manager. (b) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional Open Space District in amounts of $5, 000 or greater (excluding payroll) shall be two of the following employees: (i) the General Manager, (ii) the Assistant General Manager/Land Acquisition Manager, (iii) the Administrative Services Manager, (iv) the Operations Manager, (v) the Public Affairs Manager, or (vi) the Planning Manager. This resolution supersedes Resolution 92-03 , adopted on February 12 , 1992 . (b) RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS WHEREAS, the Board of Directors of the Midpeninsula Regional open Space District has passed Resolution 92- , dated July 22 , 1992 , changing the signatories authorized to make disbursements on behalf of the District. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under $5, 000 and any two signatures for amounts $5, 000 and over, as set forth below: ASSISTANT GENERAL MANAGER/ GENERAL MANAGER LAND ACQUISITION MANAGER H. Grench L. Craig Britton ADMINISTRATIVE SERVICES MANAGER PUBLIC AFFAIRS MANAGER Jean H. Fiddes Malcolm Smith OPERATIONS MANAGER PLANNING MANAGER John M. Escobar Bruce R. Anderson Section 2 . This resolution supersedes Resolution 92-04 adopted February 12 , 1992 . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-82 Meeting 92-18 July 22, 1992 AGENDA ITEM Pledge of Allegiance Discussion• Members of Cub Scout Pack 74 of Los Altos will perform a flag ceremony and lead the Pledge of Allegiance at your July 22 meeting. The ceremony will include a patriotic song. Prepared by: Deborah Morvay-Zucker, Office Manager/Secretary to the General Manager Contact person: Same as above 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space -------------— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-83 Meeting 92-18 July 22 , 1992 AGENDA ITEM Scheduling of 20th Anniversary Board Member Hikes Discussion: Director Crowder requested that this item be placed on the agenda so that the 20th Anniversary Committee can ascertain potential dates for the hikes Board members will lead as part of the 20th Anniversary celebration. . Prepared by: Joan Combs Public Affairs Assistant 201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 - Phone: (415) 949-5500 , FAX: (415) 949-5679 General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-84 Meeting 92-18 July 22 , 1992 AGENDA ITEM Authorization to Solicit Driveway Relocation Bids (La Honda Creek Open Space Preserve) ASSISTANT GENERAL MANAGER' S RECOMMENDATIONS i f Authorize staff to advertise for bid-stt elocate the Weeks driveway on La Honda Creek Open Space Preserve Discussion: In late 1989, the District was a party to a court settlement that was inherited as part of the former Dyer property acquisition. The settlement stipulates that the District relocate a driveway over the lands of Warren and Henrietta Weeks to serve our ranger vehicles for patrol of La Honda Creek Open Space Preserve, our tenants in the former Bechtel cottage, and the remainder of the Paulin property. Plans have been submitted to San Mateo County for entitlement, and the District should complete construction before the winter rainy season. The project is estimated to cost in excess of $10, 000. A copy of the plans will be available for inspection at your July 22 meeting. Prepared by: Bucky Mace, Real Property Representative L. Craig Britton, Assistant General Manager - Land Acquisition Manager Contact person: Randy Anderson, Planning Manager 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-85 Meeting 92-18 July 22 , 1992 AGENDA ITEM Recision of Agreement to Purchase Corte Madera Partnership Property as a Proposed Addition to Windy Hill;Oen pace Preserve ASSISTANT GENERAL MANAGER' S RECOMMENDATIONS Adopt the attached resolution rescinding the Cort Madera Partnership property transaction. Discussion: At your meeting of May 27 , 1992 , you approved the agreement to acquire 194 acres of the Corte Madera Partnership property as an addition to the Windy Hill Open Space Preserve (see report R-92- 61) . You also authorized legal counsel and the general manager to approve minor wording changes in the Property Transfer Agreement. By their letter of May 26, 1992 , the general partners had indicated some modifications would be needed in order to satisfy last minute concerns of the limited partners. After staff met with the general partners and legal represen- tatives of the limited partners, it became obvious that major and substantiative changes were being requested in the agreement as a result of differing needs of the partners. District staff was advised that the partnership was to be reorganized and might result in two of the limited partners joining the negotiating team and possibly becoming the general partners. As a result, escrow did not close on June 30, 1992 as prescribed by the agreement and no extension of the escrow period was agreed to by the parties. Three letters (copies attached) were sent by District staff during this process: 1. Letter of June 3 , 1992 advising that the transaction was approved by the Board and acknowledging the need for ratification by the limited partners. 2 . Letter of June 22 , 1992 offering to extend escrow to July 311 1992 , and reaffirming the validity of the agreement. This letter was never formerly acknowledged by the general partners. 3 . Letter of July 6, 1992 retracting the escrow extension offered in the June 22 letter and advising the partnership that a contract between the parties was never consummated and that the transaction between the parties was of no force and effect. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-85 Page 2 In light of your recent decision not to proceed with the proposed benefit assessment district in Los Altos Hills and the on-going state budget deliberations, it is prudent for you to formally rescind this transaction. As discussed in detail in report R-92- 61, this entire transaction was tailored to the District's cash flow projections and future payment affordability. Since the District's ability to afford this property is now in serious doubt, the District must put the sellers on notice through official Board action that the transaction is of no further force and effect. Prepared by: L. Craig Britton, Assistant General Manager - Land Acquisition Manager Contact person: Same as above RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESCINDING RESOLUTION 92-23 , DATED MAY 27 , 1992, DECLARING NULL AND VOID REAL PROPERTY TRANSFER AGREEMENT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO GIVE APPROPRIATE NOTICE (WINDY HILL OPEN SPACE PRESERVE - LANDS OF CORTE MADERA, A PARTNERSHIP) 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 rescind, in its entirety, Resolution Number 92-23 of said Board, dated May 27, 1992 . Section Two. The Board of Directors does hereby declare that certain Real Property Transfer Agreement between Corte Madera, a California Limited Partnership, and the Midpeninsula Open Space District, a copy of which was attached to said Resolution 92-23 , of no force and effect, by reason of a lack of any formal binding contractual relationship between the parties and failure to complete the transaction as required by said Agreement. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of rescission of Resolution 92-23 to Corte Madera, a Limited Partnership. HARE, BREWER & KELLEY, INC. 505 t:Y;FT6f!*VENHE - --- - - a 800 El Camino Real West, Suite 130, Mountain View, CA 94040 (415) 961-7500 P.O. Box 7500, Nlountain View, CA. 94039-7500 FAX (415)961-2297 FAX (415) 961-3669 May 26, 1992 Midpeninsula Regional Open Space District, A Public District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, California 94040 Attention: Mr. L. Craig Britton Assistant General Manaaer Re: Real Property Transfer Agreement and Related Documentation in Connection with the Corte Madera Addition to the Windy Hill Open Space Preserve Dear Mr. Britton: This is to confirm the substance of our discussions today concerning the Real Property Transfer Agreement, together with the Exhibits thereto (collectively the "Corte Madera Purchase Agreement") . I executed and delivered the Corte Madera Purchase Agreement to you on Friday on behalf of Corte Madera, a California Limited Partnership (the "Partnership") . As I advised you today, I have subsequently learned that less than the necessary majority in interest of the limited partners have ratified such execution and delivery by me. As we discussed, I will attempt to obtain approval and ratification by a majority in interest of the limited partners of the terms of the Corte Madera Purchase Agreement, which may necessitate some changes and clarifications which we do not expect will materially change the transaction. The purpose of this letter is to formally advise you that I will undertake to obtain such ratification of a majority in interest of the limited partners of the Partnership and that I will advise you of the same not later than June 5, 1992 . At such time, I will additionally provide any supporting documentation that you may reasonably request to satisfy you and counsel of the due execution and delivery of the Corte Madera Purchase Agreement and of its legal and binding effect on the Partnership. CORTE MADERA, A CALIFORNIA PARTNERSHIP PROPERTY DEVELOPMENT 0 COMMERCIAL & RESIDENTIAL SALES 0 PROPERTY MANAGEMENT 0 RESEARCH & PLANNING 0 INSURANCE CI LOANS Open Space - ---------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 3 , 1992 Corte Madera, A California Limited Partnership C/o Hare, Brewer & Kelley, Inc. 800 El Camino Real West, Suite 130 Mountain view, California 94040 ATTN: Ryland Kelley, General Manager Subject: Windy Hill Open Space Preserve - Lands of Corte Madera, A California Limited Partnership, San Mateo County, Assessors Parcel Numbers 076-350-150 and 076-350-240 Dear Mr. Kelley: I am pleased to officially advise you that the Board of Directors of the Midpeninsula Regional Open Space District accepted and approved the Real Property Transfer Agreement for acquisition of the subject property on May 27, 1992 by Resolution No. 92-23 . I have enclosed a certified copy of the Resolution along with a fully executed original of the Purchase Agreement for your records. In accordance with Section 4 . 1 of the Real Property Transfer Agreement, I will be submitting escrow instructions to First American Title Insurance Company in order to close this -transaction on or before June 30, 1992 . It has been a pleasure working with you on this acquisition. If you have any questions, please don't hesitate to contact me. Very ,/ruly, yours, L. Craig Britton, SR/WA Assistant General Manager LCB: ss Enclosures P.S. In accordance with your letter of May 26, 1992, 1 am awaiting final confirmation from you on the outcome of discussions with your limited partners on ratification of this transaction. 201 San Antonio Circle, Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert Mc Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 22 , 1992 Corte Madera, a California Limited Partnership c/o Hare, Brewer & Kelley, Inc. 800 El Camino Real West, Suite 1300 Mountain View, California 94040 Attention: Mr. Ryland Kelley, General Partner Re: Extension of Date of Initial Closing from 6/30/92 to 7/31/92 - Real Property Transfer Agreement and Related Documentation in Connection with the Corte Madera Addition to the Windy Hill Open Space Preserve Dear Mr. Kelley: The purpose of this letter is to address the timing of the Initial closing and certain other issues under the Real Property Transfer Agreement (together with Exhibits thereto being collectively referred to as the "Corte Madera Purchase Agreement") based in part on the matters disclosed in your letter to the District, dated May 26, 1992, a copy of which is attached, and certain subsequent developments that you have orally disclosed to me. Subsequent to your May 26 letter, you advised me that there are certain structural changes taking place within the Corte Madera Partnership ("Partnership") concerning control and the designation of individuals having authority to make major decisions affecting the Partnership and its assets. Because of such Partnership changes, you advised me that more time is required to formally complete the structural changes to the Partnership and to sort out the comments and views of those parties having a majority interest in the Partnership as to the changes and clarifications in the corte Madera Purchase Agreement that were referred to in your May 26 letter. Based upon the foregoing, I understand that it is the Partnership' s desire to extend the date of the Initial Closing from June 30, 1992 to July 31, 1992 , or such earlier date as may later be specified by the parties. At such time as the principal individuals in interest within the Partnership have formulated the comments to the Corte Madera Purchase Agreement, we will meet with representatives of the Partnership to finalize the purchase documentation and to specify the actual Initial Closing Date. We understand that the Partnership will act as promptly as possible and will advise us of material developments as they occur. 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,,Nonette Hanko,Betsy Crowder,Richard Bishop Corte Madera, Page 2 A California Limited Partnership June 22 , 1992 I would like to clarify the District' s position with respect to the status of the Corte Madera Purchase Agreement and I request that the Partnership affirm that position. As you remember, when the Board approved the transaction, the Corte Madera Purchase Agreement was approved in the form presented subject to such clarification and language changes as might be negotiated by the Assistant General Manager and approved by District General Counsel, so long as such changes were not viewed in the aggregate by said persons as representing a material change to the overall business transaction from the standpoint of the District. The District has expended significant time and money to bring the transaction to this point and I ask that the Partnership reaffirm the validity and binding effect of the Corte Madera Purchase Agreement, subject to good faith negotiation of the final documentation in accordance with the foregoing. More specifically, the District and the Partnership, by execution of this Letter Agreement, each hereby affirm the legality, due execution and binding nature of the Corte Madera Purchase Agreement, subject to the agreement of the parties to negotiate in good faith concerning issues primarily of concern to the Partnership, with the understanding and agreement that the aggregate of changes to be made to the Corte Madera Purchase Agreement shall not represent a material change in the overall transaction when viewed from the standpoint of the District as purchaser. This letter shall, upon execution by the Partnership, constitute a specific amendment to the Corte Madera Purchase Agreement under Section 13 . 3 thereof for the purposes of extending the Initial Closing (as defined in Section 1. 18) to a date not later than July 31, 1992 . Corte Madera, Page 3 A California Limited Partnership June 22 , 1992 If the Partnership concurs with the District and agrees to the statements and provisions above, please execute on behalf of the Partnership as indicated below and return one copy to me. MIDPENINSULA REGIONAL OPEN SPACE DI TRICT, A PUBLIC DISTRICT -By: L. Craig Britton Assistant General Manager ACCEPTED AND AGREED TO: CORTE MADERA, A CALIFORNIA LIMITED PARTNERSHIP By: Ryland Kelley, General Partner Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 6 , 1992 Corte Madera, a California Limited Partnership c/o Hare, Brewer & Kelley, Inc. 800 El Camino Real West, Suite 1300 Mountain View, California 94040 Attention: Mr. Ryland Kelley, General Partner Re: Status of Acquisition by the Midpeninsula Regional Open Space District of Corte Madera Addition to Windy Hill Open Space Preserve from the Corte Madera Limited Partnership Dear Mr. Kelley: The purpose of this letter is to advise you of the status of the Real Property Transfer Agreement (together with Exhibits thereto being collectively referred to herein as the 11'Corte Madera Purchase Agreement") based upon the facts stated below. This letter additionally constitutes a retraction of my letter to you dated June 22 , 1992 , a copy of which is attached ("Prior Letter") which is hereby rescinded and of no further effect as of the date hereof. Capitalized terms used herein and not otherwise defined shall have the meanings given in the Prior Letter and Corte Madera Purchase Agreement, as applicable. Based upon discussions since the Prior Letter, we understand that the restructuring within the Partnership has not been completed and that the Partnership cannot ratify or affirm the existence of a valid contract with the District, as contemplated by the Prior Letter. To the contrary, we are advised that the Partnership did not duly authorize, execute and deliver the Corte Madera Purchase Agreement and that no legally valid contract ever existed. We further understand that additional time will be required to complete the Partnership restructuring and to formulate specific comments to the existing draft documentation, which would then require negotiation with the District for purposes of finalizing any agreement. We understand that these changes will not be limited to minor matters and that the Closing would have to be deferred for some indefinite period of time. Based upon the foregoing, we believe that resubmission to the Board of Directors of the District will be required and no assurance can be made that such submission of a revised contractual relationship will 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Hen5haw,Ginny Babbitt,Nonerte Hanko,Betsy Crowder,Richard Bishop Corte Madera, Page 2 A California Limited Partnership July 6, 1992 be approved by the Board. After considering the facts stated above and that thedate specified for the closing of escrow under the terms of the CorteMadera Purchase Agreement has now come and gone (the Initial Closing being specifiedto occur on June 30 , 1992) , we conclude and hereby formally advise you that the District concurs with the Partnership that the Corte Madera Purchase Agreement is not a binding legal agreement between the District and the Partnership. Notwithstanding the lack of any formal contractual agreement to purchase between the District and the Partnership, we welcome the opportunity to meet and discuss with representatives of the Partnership the possibility of purchase of the Corte Madera property at such time as the restructure of the Partnership is complete and the specific concerns and needs of the Partnership have been formulated. I cannot, however, give any assurance whatsoever that the Board will approve the acquisition. Sin rely, L. Craig Britton, Assistant General Manager LCB:ss cc: Stanley Norton, Esq. Jim C. Curlett, Esq. Thomas B. Jacob, Esq. Board of Directors - MROSD Open Space 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-86 Meeting 92-18 July 22 , 1992 AGENDA ITEM Award of Contract for Rancho San Antonio Open ac Preserve Eucalyptus Tree Removal Project ASSISTANT GENERAL MANAGER' S RECOMMENDATI99S 1 . Accept the lowest responsible bid of $36 , 210 from S . P . McClenahan Co. , Inc . of Portola Valley for the removal of 19 eucalyptus trees and the safety pruning of one eucalyptus tree that is a nesting site for a great horned owl . 2 . Authorize the General Manager to enter into a contract for performance of the work . Discussion: At your June 24 , 1991 meeting, you authorized staff to solicit bids for the removal of eucalyptus trees at Rancho San Antonio Open Space Preserve. The public bid opening was held on July 15, 1992 . The following four contractors bid on the project. Davey Tree, San Jose $150 , 000 Lodes Tree Surgeon Co. , San Jose $43, 810 S . P. McClenahan Co. , Portola Valley $36 , 210 Reliable Tree Experts , Oakland $38 , 600 The lowest bid , submitted by S . P . McClenahan Co. , is substantially higher than the $25, 800 cost staff estimated (see report R-92-72 dated June 24 , 1992) . The consulting arborist ' s report included an "educated guess" of only the safety pruning and cabling costs . The disposal of the waste wood is a significant cost element of this project. A tree service company representative gave staff an oral cost estimate for the purpose of developing a budget recommendation. Since tree service clients typically keep the waste wood, the estimate may have been based on the assumption that the District would keep the eucalyptus wood for log barriers and firewood. The District does not have a cost effective purpose for the waste wood. Although only $28 , 000 was specifically budgeted for tree work this year, funds are available within the same general category of Outside Maintenance Services . Staff feels funds can be diverted from the Loma Almaden Road asphalt maintenance project . In the absence of a formal neighborhood road agreement , staff now anticipates a significantly smaller project . 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 , FAX:(415)949-5679 General Manager:Herbert trench Board ol Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,tinny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-86 Page 2 Public Input A public information meeting was held at Deer Hollow Farm on July 15, 1992. The purpose of the meeting was to provide an opportunity for the public to make comments or ask questions about the staff recommendation before your final decision. Meeting notices were posted at Rancho San Antonio Open Space Preserve one week in advance. About 260 notices were mailed to people on the Rancho San Antonio workshop and trail use mailing lists . KNTV (San Jose) also announced the meeting on the morning of July 15. Approximately fifteen people attended the meeting, as well as the consulting arborist and a number of Board and staff members . A majority of the people attending expressed opposition to the removal of all the trees. Several people commented on the aesthetic value of the eucalyptus trees , as well as the overall scenic and ecological impact that tree removal would have on the general area. A number of alternatives were suggested and discussed, such as phasing tree removal over a number of years , safety pruning and saving some or all of the trees , and rerouting trails and roads away from the hazardous trees . Several people also expressed concern that given the nature of the safety hazard and visitor use patterns , removing the trees was a drastic solution. As of July 18 , staff received only one phone call opposing the eucalyptus tree removal . The caller recommended relocating the trail . Staff has considered the concerns expressed and alternatives suggested by the public. In general , the public input parallels the comments that staff initially expressed and evaluated when determining the recommendation. Elaboration on these points will be made at your July 22 meeting. Conclusion In recent months , several local government agencies and private entities have been forced to address the problem of freeze- damaged and drought-stressed eucalyptus trees. The trees at Rancho San Antonio present a special situation because they are in an intensively used area of the preserve. They are part of the positive experience many people often enjoy. The protection of this resource seems to be very well served by the proprietary spirit of its visitors . Unfortunately, the visiting public ' s interest in saving the trees must be measured against the concern for visitor safety. The District ' s successful management of open space lands is based on the sound use of effective and efficient management practices that provide access and insure visitor safety. The implementation of an extensive and ongoing tree safety pruning and cabling program would be a significant departure from our past management practices . Moveover , the R-92-86 Page 3 District would be dedicating financial resources to prolong the life of a non-native tree species that is not endangered. Therefore, staff continues to recommend removal of 19 trees and safety prune the tree that has provided a great horned owl nesting site. The obvious structural damage and extensive sprouting on the trunks and large limbs illustrate the stressed condition of the trees . This recommendation is consistent with the consulting arborist ' s report and the opinion of an independent arborist solicited by Director Hanko. The tree removal would be completed by the end of August. Staff will make every attempt to provide alternative trail routes whenever possible, and to post all expected closures in advance. Barrie Coate and Associates were unable to complete the revegetation plan for your July 22 Board meeting. The revegetation plan will be presented to you as an informational report at your August 12, 1992 meeting. Prepared by: John Escobar, Operations Manager Contact person: Same as above Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-87 Meeting 92-18 July 22 , 1992 AGENDA ITEM Authorization for CalTrans to Enter District Lands to Complete Certain Drainage Improvements ASSISTANT GENERAL MANAGER ' S RECOMMENDATIONS Authorize President of the Board of Directors to execute the attached CalTrans Permit to Enter. Discussion: CalTrans is proposing a myriad of projects in the foothills , including the improvement of two existing drainage culverts . One project is on Route 84 above the Thornewood Open Space Preserve and the other is on Route 35, affecting the Mt. Melville area of Russian Ridge Open Space Preserve to the south and Coal Creek Open Space Preserve to the north (see attached maps) . Staff has inspected both project sites with Caltrans representatives and concluded that the improvements are desirable from the District standpoint. CalTrans originally requested permanent easements; however, they were not willing to guarantee that no trees in excess of 6 inches in diameter would be damaged. Therefore, CalTrans has agreed to complete the project based upon a permit to enter which includes the vegetation protections the District requires . This permit would expire by its terms on February 28, 1993 . Since this would not be in the form of permanent easement , future maintenance would require District permission which would give us the ability to assure protection of the trees in the future. Prepared by: L. Craig Britton, Assistant General Manager Contact person: Same as above 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:HerbertGrench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Date: 04_ SM-35-84 E.A. 121352/9 PERMIT TO ENTER State of California Department of Transportation P. 0. Box 7791 San Francisco, CA 94120 Permission is hereby granted to the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as STATE, to enter upon our lands, as outlined on the map attached hereto and by this reference made a part hereof, for the purpose Of rehabilitation of drainage culverts on parcels 50330, 50331 and 50340 in San Mateo County (see attached maps). To commence July 1, 1992 and expire February 28, 1993. The rights and privileges hereby granted to STATE, may, at the option of the STATE, be exercised by any authorized agent or contractor of STATE. By acceptance of this Permit to Enter, it is expressly understood and agreed by and between the parties that STATE agrees to indemnify and save the undersigned OWNERS harmless against any and all loss, damage, and/or liability which may be suffered or incurred by OWNERS and against any and all claims, demands, and causes of action that may be brought against OWNERS caused by, or arising out of, or in any way connected with the use and/or occupancy of said lands of OWNERS by STATE, its agents, contractors or assigns. STATE further agrees to assume full responsibility for any and all damages caused by STATE's operation under this Permit and STATE shall, at its option, either repair or pay for such damages. It is understood that no tree Sincerely yours, greater than six inches in diameter will be damaged or removed from the subject property by the State during construction. RECOMMENDED FOR APPROVAL OWN ACCEPTED: RENATA FREY STATE OF CALIFORNIA Right of Way Agent DEPARTMENT OF TRANSPORTATION W. J. DOWD Chief, R/W Acquisition Services MIIDPENINSULA REGIONAL OPEN Sh. D19MCr Thornewood Open Space Preserve ................. ..... ....... ....... ...... . ............ .................... ... ........... ....... ... X -ICH OPEN-SPACE EASEMENT ........... NO PUBLIC ACCESS Q ....... ..... w. PICN AREA: PICNICKING BY PERMIT ONLY r I It 1 141 .............. �-i' STATE HIGHWAY 0�.--i-..yjlE- DRAIN �GE PROJECT��il! I L -I .......... Sm .......... ...m:j %,AL I RANS PERMIT TO ENTER !. .......... . SAN MATEO COUNTY HIGHWAY 84 DRAINAGE PROJEC . ....... JULY 1992 7 � NN ,•�+,,,tcr � �,\` S \� ey. ..< �' `, da of q�t i � • t � , , . f AR • • z. „ja±`'n� • �y `,• � gas .,s. p (,'°'6.'. q�f��'',$ }W� .,�, ��Br.,rr3"�r.•"` iC eiw beaD. � � �..+ ��°�b�'" a+o„ � � • • � � e�o �� cM0``'� �~i,:.�F.:.s f' FMM AIM ,�� t}.D.a.r .,�^y� •.!� ZL� \\�yam, � ,�E ,Q _ �;� r — Fro— c , All. gyp,_ ' •. 1 ,c �a e � � 1 . ,�_ � \"mat ,iC6�� �`J� � X•'iY iJlf A.4�i IN- IN W, FIR •,� as (.�' �^ Iij/ . .d y ✓� (,,,,,, I � � "��"` •...`�„ t. ,p � .;� �`� y7.Y, F �i{iV�.1o: �1 ggm �pgj, IA i`'*. � �l °�,�� 1 ,'"� �° rn t as.�.... 'A$s.m b���.t�A•"tb �A'''.. � • � • • • a � • • �ilk4^,oG SPB6 � � r��Y7�`d' _ ,$p - Y Name--_of Corporation No.Signaturesl or 2Ae Card Received Account Number Midpeninsula Regional Open Space District ITIled cor �ce with GENERAL ACCOUNT ac _� I .. --keso-lu—tion 92-- Signature Resolution 92- CORPORATE RESOLUTION Signature "RESO E :Th President,Vice President,Secretar tZGfewyor-freasurer . I X of this 24WX authorized to enter into deposit account,ca m Wna ement and service agreement(s)with any First Interstate Bank(s)on behalf o =1 ,and to designate Signature fr t Ole IV time who may sign checks and otherwise give instructions regarding this r , IV I X ifibuncls and account'-*.FURTHER RESOLVED:This authorization is in addition to tnhV oMrr1u1TTonzNaion S ine ect and shall remain in force until the Bank(s)receive written L'u notice of its revocation at the offices where the accounts are maintained or at any other ad'iress specified by the Bank(s CERTIFICATION I certify that. IVri.1- CIO-,< • I am the of the GorMation named above; • The fore in sot ion is a complete and accurate copy of a resolution duly adopted by the oard of Directors; • The resolution is now in full force and has not been revoked or changed in any way;and Account Title(Please Print) • The signatures of the persons signing on the reverse side and below are the genuine and authorized signatures of those pers.ons. GENERAL ACCOUNT 1 also certify under penalty of perjury that: >,V, ,Is EJ the number shown on this form is the4i4erpo on's correct taxpayer identification number ir l'-.5 n No. gs,Req. Ej to the best of my knowledge and belief,t Z;p��oreign corporation exempt Account Title from tf6YupgvithhaZiT and inforErtion rportpg,�Jtaciclressof the principal office is an onio irc GENERAL ACCOUNT 1 or 2k, Corporate seaMuntain View, CA 94040 (Optional) - - 1 m­ 19 *depending on amOUTlt Signature of Sary­1urAM9r9=-StTMfMT Date Fit District Clork In te m t a te CORPORATE Bank SIGNATURE CARD ACCEPTANCE BY CORPORATION AUTHORIZED SIGNERS By signing below,you certify and agree that: _N_a_,mn._�tTaIe(Pe..e(Please or Type) Signature 4-1 �Opexrations�& 1. You received and agree that thear"prall"account(s)will be governed by First Interstate's schedule of account fees and rates,the"Rules Governing First John M. Escobar, Manager X Interstate Deposit Accounts" and the rules governing analyzed accounts(it Drivers License No. Second to applicable); 2. The number of signatures required on checks and other written instructions is set forth on the feyer-s the-etifher:red sig"rs-mM Name/Title(Please Print or Type) public Af fa LtZature act -, = . 2 Malcolm Smith, Manager X 3. The persons named on the reverse as authorized sign=ersAAQorVzed to sign Second 1U checks and otherwise give instructions on behalf of 1 0 egarding its Drivers License No. accounts and services. President Name/Title(Please Print or Type) P la�_ ng Signature BY Board - ctors 3 Signature Title Bruce R. Anderson Manaqer X 19 Drivers License No Second ID BY General Manager Date Signature Title BANK USE ONLY Type of Account Accl Code Account Number Date Opened initial Deposit Dpenei By Date Closed Type of Business Telephone No. Checking arket Corporate Address City State Zip Code InMterest Statement Mailing Address City Stale Zip Code Savings Acct.Formerly with(Bank Name and Location) CCI No TimeDeposit Introduced By IRC No, Taxpayer Identification No.(it any) Other No Signatures- or 2AIe Card Received Account Number Name of Goipoialion GENERAL ACCOUNII Required In aeco dance MIDPENINSULA REGIONAL OPEN SPACE DISTRICT with es0 u ton — Signature X Signature Resolution 92— CORPORATE RESOLUTIQ N,.f Q 1Mo ne Pr "RESOLVED'�PVresident,Vice President,Secretary, rTreasurer of this 6�IIs authorized to enter into deposit account,cas a a eLnent and service X Signature agreement(s)with any First Interstate Bank this s)on behalf of ,and to designate I t time q time who may sign checks and otherwise give instructions regarding this t X funds and (s)_FURTHER RESOLVED:This authorization Is to addition o any other authorizations in effect and shall remain in force until the Bank(s)receive written notice of its revocation at the offices where the accounts are maintained or at any other address spe ified by the Bank(s)." jn Qtcpr F : iai+ti R�+mtslo#�e,..Y 2 CERTIFICATION . I certify that: 'Tj,s.I., c}C►e sk*t t+ • I am the—qocr4tacy-sr-Ass+slam--&eeretary-of the Qorporation named above; • The fore n e� I.{�j on is a complete and accurate copy of a resolution duly adopted by the 4 card of Directors; • The resolution is now in full force and has not been revoked or changed in any way;and Account Title(Please Print) • The signatures of the persons signing on the reverse side and below are the genuine GENERAL ACCOUNT and authorized signatures of those persons, I also certify under penalty of perjury that: ❑ the number shown on this form Is the I porat+eniscorrect taxpayer identification number jt�, ,�} , t,e+ Account Title No.Sigs.Req. ❑ to the best of my knowledge and belief,.theGorporatron-isa foreign corporation exempt from back It oldin andd in format n re rting.The ess of the principal office GENERAL ACCOUNT one o is �� an Antonio ffr�`�e, C-1 n two* Corporate Seal Mountain View, CA 94040 (Optional) t9— *depending on amount Signature of er- Date FN'st CORPORATE DIS (taa Istrlc R.InWrstaW SIGNATURE CARD Bank ACCEPTANCE BY CORPORATION AUTHORIZED SIGNERS By signing below,you certify and agrgest�t:�4, Name/Title(Please Print or Type) Signature 1. You received and agree that the Xretrot}s account(s)will be governed by First 1 H. Grench, General M r. X Interstate's schedule of account fees and rates,the "Rules Governing First Drivers License No. Second ID Interstate Deposit Accounts" and the rules governing analyzed accounts(if applicable); 2. The number of signatures required on checks and other written instructions is set Namet-ritle(Please Print or Type) Signature forth on the 178F-�Fr6Ia9WR;-aRj'&FlA FIf-2k3&-�It BF e�-91 nL'r9'fTTft')/ 2 ae!84ene-:- —i••a k a 4 i Ra s a t 0-h o n 5';Z 7,e H an . Fiddes District Cl 3. The persons named on the reverse as authorized signers, reauthprized to sign Drivers License No. Second ID checks and otherwise give instructions on behalf of thee--tor oral regarding Its accounts and services. President Name/Title(Please Print or Type) Asst. Gen tgnature - Board of Directors 3 BY - L. Craig Britton, Land Acq A Signature Title 19 Drivers License No Second ID Dale BY General ani3ger Signature Title Type of Account Acct.Code Account Number Date Opened Initial Deposit cipened sy Date Closed BANK USE ONLY Type of Business Telephone No. Checking Market Corporate Address City state Zip Code Interest Statement Mailing Address City State Zip Code Savings Time Acct.Formerly with(Bank Name and Location) CCI No, Deposit Other 77 Introduced By IRC No. Taxpayer Identification No.(if any) No Name of Corporation PAYROLL ACCOUNT Required tures one Date Card Received Account Number mid peninsula Reqional OPen Space District in accordan e with Resolution 92- Signature X Resolution 92- CORPORATE RESOLUTION , m rTreasurer Signature "RESOLVED:Th President,Vice President,Secretary;sersT FX of this46Td01&ti s authorized to enter into deposit account,c�stt.maneg�ment and service ' agreement(s)with any First Interstate Bank(s)on behalf of this and to designate Signature — fr m tiV�p tc ,time who may sign checks and otherwise give instructions regarding this b r�tib�sounds and accounts FURTHER RESOLVED:This authorization is in addition 10 any other au?�iorTza and In a ect and shall remain in force until the Bank(s)receive written notice of its revocation at the offices where the accounts are maintained or at any other address specified by the Bank(s)." CERTIFICATION I certify that: �, ,'�}c D,nAr% t • I am the Seefetsrp-arAssistant-Secretary of the Corporation named above; • The fore Solt' n is a complete and accurate copy of a resolution duly adopted by the8Wtfs�- Board of Directors; • The resolution is now in full force and has not been revoked or changed in any way;and Account Title(Please Print) • The signatures of the persons signing on the reverse side and below are the genuine PAYROLL and authorized signatures of those persons. I also certify under penalty of perjury that: ,s�,-i�� ❑ the number shown on this form is the raZn-e correct taxpayer identification number p,-e}r- t+ is r.a t-El to the best of my knowledge and belief,the&erperationisa foreign corporation exempt Account Title from backupwithholding and information reporting.The address of the principal office N°.s g5.Req. is 01 San Antonio. C`1m11n, C-135 PAYROLL one Corporate Seal Mountain View, CA 94040 19_ (Optional) _.. Signature of SL�retarycn-Asssfern9ee Date nrs rk I tate CORPORATE Bank SIGNATURE CARD ACCEPTANCE BY CORPORATION AUTHORIZED SIGNERS By signing below,you certify and ag$��e�that:,, Name/Title(Please Print or Type) Signature 1. You received and agree that the�erp&�ac4+er is account(s)will be governed by First John M. Escobar, Operat Xns Interstate's schedule of account fees and rates, the"Rules Governing First Drivers License No. Interstate Deposit Accounts" and the rules governing analyzed accounts(if Mgr. Second ID applicable); 2. The number of signatures required on checks and other written instructions is set 2 Name/Titie(Please Print or Type) Ll 1 C Adatzlrkb forth on the Malcolm Smith, Manager er X act�ttorte 2trtd'atb a�h an d s c I.a t+o. 9 2- i 3. The persons named on the reverse as authorized signers re 'uth rized to sign Drivers License No. Second ID checks and otherwise give instructions on behalf of th:bA= regarding Its accounts and services. President $ NamelTitle(Please Print or Type) Board of Directors Signature BY _ Bruce R. Anderson, Mgr. X Signature Title Drivers License N . 19_ o Second ID BY_ Gen. Mgr. Dale Signature Title BANK USE ONLY Type of Account Accl.Code Account Number Date Opened Initial Deposit aa„od ey Date Closed Checking R+ Type of Business Telephone No. Market Corporate Address City State Zip Code Interest Savings Statement Mailing Address City State Zip Code Time Acct.Formerly with(Bank Name and Location) CCI No. Deposit Other Introduced By IRC No. Taxpayer Identification No.(if any) No.Signatures one Date Card Received Account Number Name of Corporauon PAYROLL ACCOUNT Required in acco dance I w u Midpeninsula Regional Open Space District With Resolution 92— Signature X Resolution 92— CORPORATE RESOLUTION Signature C-,try r 1 Me ne e r "RESO ECL The President,Vice President,Secretary,Assfs ant-Seeretaly or Treasurer X of this 6o�3 WQ authorized to enter into deposit account,cak,m nag�ment and service Signature agreement(s)with any First Interstate Bank(s)on behalf of this.GA>r3t1t5M,and to designate f time time who may sign checks and otherwise give instructions regarding this X funds and account(sb FURTHER RESOLVED:This authorization is to addition o any other au orizationsiMIMect and shall remain in force until the Bank(s)receive written notice of its revocation at the offices where the accounts are maintained or at any other address specified by the Bank(s)." In aecerdecncr (,.�{� Qitae l.r�on )'2- CERTIFICATION I certify that: 'pis4-r,'e-t- a(r r-kt t SFr e • I am the Secretary-or-Assietarilt-Sesretefy-of the�orporetiorr named above; • The fore in W ion is a complete and accurate copy of a resolution duly adopted by the oard of Directors; Account Title(Please Print) • The resolution is now in full force and has not been revoked or changed in any way;and • The signatures of the persons signing on the reverse side and below are the genuine PAYROLL and authorized signatures of those persons. I also certify under penalty of perjury that: t=yt,c} [Ib the number shown on this form is the 1e1'poraffli—, Qorrect taxpayer identification number -D 3_ r,a�4 rs ►,e+ C] to the best of my knowledge and belief,th&9;6 ftlerr a foreign corporation exempt Account Title No.sign.Req. from backup withholding and information reporting.The address of the principal office PAYROLL one is201 San Anton—in rC1P, C-135 Corporate Seal Mountain View, CA 94040 (Optional) —._ 19__ Br�t Signature of Dis _ Crrielcfeigie_ry- Date .Inteilistate CORPORATE ll L l L LJS Bank SIGNATURE CARD ACCEPTANCE BY CORPORATION AUTHORIZED SIGNERS By signing below,you certify and a,%e4e :�, Namerfitie(Please Print or Type) Signature 1. You received and agree that the ra`fi i4 account(s)will be governed by First 1 H. Grench, General Mgr. X Interstate's schedule of account fees and rates,the''Rules Governing First Drivers License No. Second ID Interstate Deposit Accounts" and the rules governing analyzed accounts(if applicable); 2. The number of signatures required on checks and other written instructions is set Name/Title(Please Print or Type) Signature forth on the' reveFss;-if-as-RNmef19-9hOtlVTl-Afi�'Ot�'9f'f 2 aet-9forve;-an4 atf'a efn ect C Se 1,,-h a l P% 2- h _ean H _ Fe , Distr XC'lerk 3. The persons named on the reverse as authorized signers re��}}�lip,-ozed to sign Drivers License No. Second ID checks and otherwise give instructions on behalf of the U111 tibWregarding its accounts and services. President Name/Title(Please Print or Type)As s t. Gen qr fe Bar Board of Dir.. L. Craig Britton Land A M r. Signature Title 19 Drivers License No. Second to Date BY -- Gen. Signature Title Type of Account Acct.Code Account Number Date Opened Initial Deposit oened ey Date Closed BANK USE ONLY _ Checking Type of Business Telephone No. Market Corporate Address City State Zip Code Interest Savings Statement Mailing Address City State Zip Code Time Acct.Formerly with(Bank Name and Location) CCI No. Deposit Other Introduced By IRIC No. Taxpayer Identification No.(if any) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-92-02 MEMORANDUM July 17 , 1992 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Operations Staff Shows and Tells All Carleen ' s memo is reprinted below. You are invited ! Let me know if you 'd like to attend, since only three directors at most may be present . MEMORANDUM July 8, 1992 TO: All Staff FROM: Carleen Bruins SUBJECT: Operations Staff Shows and Tells All Mark your calendars for this exciting exposd on the operations department. Don't miss this opportunity to learn what the District's largest department really does. WHEN: Friday, August 21 - 1:00 p.m. to 3:00 p.m. WHERE: Rancho San Antonio ranger office HOW: We're hoping for a miracle. WHY: Don't ask; your department could be doing this instead. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Gi nny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: July 17 , 1992 SUBJECT: F. Y. I . 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 7, 1992 David W. Knapp, Town Manager Town of Los Gatos Civic Center P. O. Box 949 Los Gatos, CA 95031 Subject: Central Los Gatos Redevelopment Project Dear David, Thank you for your leter of June 16, 1992 . Without belaboring the matter much further, it is my sincere belief that all of the statements made in my declaration were truthful and factual. As we have said before, we have not considered the October 9 , 1991 letter an "offer" but rather a statement of intention. I too noted that there are significant differences in the declarations, but I don't feel it is fruitful to comment further. In any event, the judge apparently disregarded all of the material submitted, and was pleased that two public agencies would continue to meet and try to resolve their differences amicably. In that spirit, I would look forward to meeting with you for further discussions, as mentioned in the closing statement of your recent letter. I remain interested in discussing the original proposal by the Town and hope that you would be open to discussing other settlement possibilities that might be mutually beneficial. If this proposal is acceptable to you, please call me at your earliest convenience to arrange a meeting. As always, we would be willing to come to Los Gatos for such a meeting. Sincerely, Herbert Grench General Manager HG: ss cc: Board of Directors - MROSD William Esselstein, Esq. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 Phone:(415)949-5500 • FAX:(415)949-5679 General manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space ` 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 9, 1992 Dear Neighboring Property Owner: As many of you know, on Wednesday night the Board of Directors of the Midpeninsula Regional Open Space District unanimously voted to terminate the formation of an assessment district near the Vidovich property. I would like to take this opportunity to thank all of those individuals, both opposed to and in favor of the proposed assessment, for participating in this decision. Although I am disappointed that the indications we got from the public opinion survey were not validated, in the end it is gratifying to know that the process worked, allowing a full range of opinions to be heard and giving the Board the opportunity to make a decision based on the input of all involved property owners. The Vidovich property is still considered a priority acquisition, and the Board will be looking at potential ways to continue with the purchase, without an assessment district. Many of you are aware of the impact that the State's financial situation may have on the District's revenues. While I can assure you that we will continue our acquisition program to the extent our finances allow, there remains the grim possibility of a severe curtailment of land purchases and operations, should the State's budget problems cause our revenues to be reduced. Again, thank you for taking part in this process, which allowed your voices and concerns to be heard and acted upon by the Board. It is my hope that we can continue the good relations we have had with you and your neighbors in order to proceed with the District's open space goals that were so strongly supported during the process. Sincerely, Robert J. McKibbin President, Board of Directors Midpeninsula Regional Open Space District RM/mcs cc: Board of Directors Senator Becky Morgan Supervisor Diane McKenna Assemblyman Charles Quackenbush Members, Los Altos Hills Town Council 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Similar letters were mailed to: July 9, 1992 Senator Dan McQuorquodale Assembly 'Member Byron Sher Senator Rebecca Morgan Assembly Member Dominic Cortese Senator Al Alquist Honorable John Vasconcellos Assembly Member Charles Quackenbush California State Assembly Assembly Member Jackie Speier Room 6026, State Capitol Assembly Member Ted Lempert Sacramento, CA 95814 Dear Assemblyman Vasconcellos: As you know, AB 8 "bailout" funds are under consideration for deletion or reduction from special districts such as ours. This source of revenue has become an integral part of our annual budget, and I need to reiterate to you the devastating effect that such a decrease in revenues would induce. A revenue loss of even 25% would cause the District to curtail all new acquisitions of open space, consider the possibility of staff reductions, and look at significantly reduced maintenance and/or closure of open space preserves. Further, we would lose our ability to borrow money or issue bonds for future open space acquisitions. Unfortunately, we have no viable means of replacing this loss of revenue. Out of the District's projected property tax income of$9.7 million (fiscal year 1992/93), about $5.6 million is already earmarked for open space purchase debt service, as authorized by State law. After providing for annual salaries, benefits, operations, maintenance and administration, a almost none is left for new acquisitions. A loss of State revenue would delete that amount, and more. This special district has one of the lowest tax rates in the State (1.6 cents/$100 of assessed value). We are mandated by the voters to provide the unique function of preserving open space, and the facilities we provide are of local, regional and statewide significance. I urge you to reject any re gional budget proposal that does not exempt our district from the loss of AB 8 funds, or provide for C, complete replacement of any loss of revenue. Sincerely, Herbert Grench General Manager Midpeninsula,Regional Open Space District HG/mcs cc: Board of Directors 9164414925 SR: XSON—GARISH F-941 T- P-001✓001 JUL 09 '92 10:46 -txj SDI . Barish & Associates TRANSMITTED VIA FACSIMILE July 9, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH 916-442-0382 DAVID NAGLER DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 RANDY GRAHAM 805-566-2456 BOB HAMILTON 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1519 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: BUDGET ALERT I have been advised by a number of 1 ' �islators close to the special district property tax shift proposals that the issue is nearin& i 1tical mass and we need to register our opposition one more time. Therefore, it is absolutely critical that you contact your legislator- ,snmediately, but no later than Monday, July 13, 1992, prior to Noon. Use overnight letters, telegrams or fax as a last resort. Your communications should include specific cost impact data relative to the impact the loss of property tax revenues will have on your districts' budgets and programs. This is the most important contact you can make with your legislators on this issue, so please respond today! RAH/kmg Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,GA f:nnc-;Sfantc 916 441-4925 95814 I�o his &(P, 6 1� o ci r xo}�s JUL 14 �'� � toY 9 STATEMENT OF INVESTMENTS IN SECURITIES AND NET ASSETS continued Franklin California Tax-Free Income Fund, Inc., March 31, 1992 FACE INTEREST MATURITY VALUE AMOUNT RATE DATE (NOTE 1) Bonds(cont.) $ 3,420,000 Madera-Chowchilla Power Authority,Hydroelectric Revenue,Madera Canal Project...... 10.500% 08/01/13 $ 3,616,650 3,300,000 Madera County IDA,IDR,Regency Thermographers Project........................... 7.400 10/01/99 3,390,750 2,200,000 Manteca RDA,Tax Allocation,Redevelopment Project No.I............................ 6.250 06/01/93 2,216,500 2,330,000 Marin County COP,Capital Improvement Project...................................... 6.625 08/01/06 2,338,738 30,000 Marin County HMR,Series1985-A.................................................... 8.375 11/01/10 31,575 2,365,000 Martinez HMR,Issue A.............................................................. 10.750 02/01/16 2,601,500 7,685,000 Mayer's Memorial Hospital District,Health Facility Revenue,Fall River Mills,IDBI Insured............................................................................ 7.700 02/01/19 8,155,706 6,310,000 Mendocino County COP,Refunding,BIG Insured....................................... 7.400 08/15/06 6,672,825 Mendota&Parlier USD,COP, 2,600,000 Capital Outlay Financing Program................................................ 7.500 01/01/11 2,574,000 2,500,000 Capital Outlay Financing Program................................................ 7.550 01/01/17 2,475,000 3,475,000 Menlo Park CDA,MFHR,Gateway Project,Series A,FHA Insured Mortgage............ 8.250 12/01/28 3,657,438 Merced County Housing Authority,MFHR, 2,545,000 Belmont Park Apartments Project,Series I,FNMA Program....................... 9.000 07/01/15 2,672,250 2,425,000 Park Avenue Apartments Project,Series II,FNMA Program....................... 9.000 07/01/15 2,546,250 Metropolitan Water District, 3,000,000 Southern California Waterworks Revenue.......................................... 6.625 07/01/12 2,992,500 3,000,000 ttSouthern California Waterworks Revenue,Refunding............................... 6.750 06/01/22 3,018,750 10,595,000 Southern California Waterworks Revenue,Refunding............................... 6.750 06/01/22 10,661,219 Mid Peninsula Regional Open Space District, 1,215,000 Series1990...................................................................... 7.500 09/01/07 1,290,938 1,305,000 Series1990...................................................................... 7.500 09/01/08 1,373,513 1,400,000 Series 1990...................................................................... 7.500 09/01/09 1,473,500 1,500,000 Series 1990...................................................................... 7.500 09/01/10 1,578,750 Mid Peninsula Regional Open Space District,COP, 1,150,000 Series 1990...................................................................... 7.550 09/01/10 1,219,000 5,000,000 Series 1990...................................................................... 7.600 09/01/20 5,300,000 Millbrae Elementary School District,COP, 1,625,000 Green Hills School Project....................................................... 7.100 09/01/11 1,633,125 2,335,000 Taylor Middle School Project..................................................... 7.625 07/01/10 2,410,888 2,750,000 Mill Valley Revenue COP............................................................ 7.100 12/01/20 2,825,625 2,310,000 Modesto EDR,Evergreen Convalescent Home,FHA Insured Mortgage.................. 10.500 08/01/19 2,616,075 Modesto Health Facility Revenue,Memorial Hospital Association, 6,800,000 Series A........................................................................ 7.875 08/01/18 7,267,500 3,800,000 Series A,MBIA Insured.......................................................... 6.850 06/01/16 3,866,500 12,120,000 Modesto Irrigation District COP,Geysers Geothermal Power Project,Series 1986-A....... 7.250 10/01/15 12,574,500 2,000,000 Mohave USD,COP,California City Middle School Project............................... 7.400 06/01/22 2,007,500 5,500,000 Mohave Water Agency Improvement District,MBIA Insured............................ 6.950 09/01/21 5,610,000 1,180,000 Monrovia Residential Rehabilitation Mortgage Revenue................................ 10.125 10/01/14 1,259,650 1,960,000 Montclair-Pomona HFA,RMR,Series A............................................... 9.600 04/01/16 2,133,950 Montclair RDA,Tax Allocation, 1,645,000 t+Redevelopment Project No.IV.................................................... 6.900 10/01/22 1,647,056 4,245,000 ttRedevelopment Project No.V.................................................... 6.900 10/01/22 4,250,306 1,505,000 Monterey Bay Unified Air Pollution Control District,COP.............................. 7.375 12/01/15 1,561,438 7,265,000 Monterey County COP,Sheriff's Facility Project,Refunding,Series 1985,USF&G Insured............................................................................ 7.875 12/01/17 7,882,525 Monterey Hospital Revenue, 1,855,000 Monterey Peninsula Hospital Project,Series A..................................... 7.375 07/01/14 1,936,156 1,235,000 Refunding,Community Hospital Monterey Peninsula,Series B...................... 7.375 07/01/14 1,267,419 38,500,000 Monterev Park CRDA,Tax Allocation Project No. 1.................................... 8.176t 05/01/14 6,448,750 650,000 Moorpark S FRMR,FGIC Insured.................................................... 9.250 10/01/15 702,000 5,000,000 Moreno Valley Special Tax,Towngate CFD No.87-1..................................... 8.400 10/01/09 5,006,250 Moreno Valley USD,CFD,Special Tax, 2,015,000 No.88-1,Series B................................................................ 7,750 08/15/09 1,909,213 1,750,000 No.88-1,Series B................................................................ 7.800 08/15/14 1,658,125 +Zero coupon bonds are traded on a discount basis; the interest rate shown represents the effective yield at time of purchase. ffSecurities purchased on a when-issued basis. 9164414925 SR JACKSOH—BAR I SH F-226 — -2 P-001/005 JUL 16 192 14:30 Sl�j J*kson, Barish & Ass�_ _,,aces TRANSMITTED VIA FACSIMILE ji-ly 16, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH/DAVID NAGLER 916-442-0382 DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 RANDY GRAHAM 805-566-2456 CFCA/FDAC OFFICE 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1519 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: BUDGET ALERT Senator Frank Hill and Assemblyman Phil Isenberg held a press conference this date and released the attached budget proposal. Senator Hill and Assemblyman Isenberg stated that the proposal has received "conceptual support" from many Democrats and Republicans in both the Senate and Assembly. Neither knew the Governor's reaction, as Senator Hill said the Governor was reviewing the proposal and would comment later today. For special districts, the key provisions in the Hill-Isenberg proposal are as follows: 1. Shifts $250 million of property tax revenues from enterprise special districts to schools. 2. Shifts the entire $2.8 billion of AB 8 property tax revenues to schools over a three-year period. The proposed first year shift from cities, counties and non-enterprise special districts would be $932 million, with no detail as to how much would come from each entity. This would result in non-enterprise special districts losing all of their Special District Augmentation Fund contribution and related growth over a three-year period. Since the Governor has stated that cities will not be part of the AB 8 property tax shift and that the enterprise special district shift was "off-the-table," it should be interesting to see how he responds to the Hill-Isenberg proposal. RAH/kmg Attachment Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,CA Consultants 916 441-4925 95814 9164414925 SRJ. JACKSON-GARISH F-226 T-972 P-002/005 JUL: 16 '92 14:31 THE HILL- ISENBERG BUDGET PROPOSAL • No tax increases Balanced budget with no deficit rollover s Protects public safety by minimizing cuts in Department of Corrections Phases out Proposition 13 bailout of local government over three years. Eliminates/reduces mandates. Replacement revenue options will be negotiated s Includes long-range efficiencies, including elimination of 1 ,600 boards, commissions and advisory committees Bipartisan compromise, including elements from Budget Conference Committee proposal and Governor Wilson's proposal 9 Addresses major concerns in Governor's July 8 letter 9164414925 SRi. iACKSON-BARISH F-226 T- -2 P-003,1005 JUL 16 '92 14:32 HILL-ISENBERG BUDGET PROPOSAL Conference overnor Compromise Shortfall, per May Revision $ 5,698 $ 5,698 $ 5,698 Shortage from Gov's January proposal $ 2,217 $ 2,217 $ 2,217 Student Fee Increases - 141 - 141 - 141 Nonpaid Workday - 145 - 145 - 145 Health &Welfare Cuts -600 &Q-0 -600 Revised Shortfall 7,029 7,029 7,029 Cut Special Funds - 912 - 274 -912 Reduce Programs: Enterprise Special Districts - 250 0 - 250 Redevelopment Agencies - 25 0 -300 Phase out Prop 13 bailout - 1,441 -932 -932 Higher Education: UC - 196 -213 - 196 CSU - 109 - 164 - 109 Other 17 -27 0 Corrections - 249 -201 -201 Health &Welfare -692 -841 -692 4.5%Reduction: AFDC - 115 -450- - 115 SSP - 243 -243 - 243 Other General Government - 236 - 138 - 236 Prop. 98 Reduction -605 -2,084 - 1,100 Aerosoac - 580 - 580 - 580 Restructure Debt Financing - 245 -245 -245 PERS Payment Shift -278 - 278 - 278 Independent Contractor Withholding -430 0 DROPPED SW Medi-Cal Accounting -940 0 DROPPED Unallocated Reduction 0 - 200 0 Additional Targeted Reductions 0 0 - 70 Eliminate Excess Vacancies 0 0 - 100 Tax Settlement(AB 887) 0 0 -300 Other Adjustments(Incl. prior year) -4 - 172 - 34 SUBTOTAL $ 504 $ 13 $- 136 Governor's Veto per Initiative --Q 0 $- 150 1992-93 Reserve $ 504 $ 13 $ 14 9164414925 SRJ. JACKSON-BARISH -T--226T-972 P- 2 THE HILL- ISENBERG BUDGET PROPOSAL HIGHLIGHTS • Special funds: Includes special fund program cuts agreed to by both Governor and Conference Committee, plus 18% across-the-board reductions and interest earnings transfer. # Enterprise special districts: Includes legislation proposed by Governor, authored by Isenberg to transfer property taxes currently supporting enterprise activities to public schools. 9 Redevelopment Agencies: Reflects adoption of one of a variety of proposals currently being discussed, all of which would yield at least$300 million. 9 Proposition 13 bailout of local government is ended over a three-year period; replacement revenue options will be negotiated. e Higher education (other): Includes private universities, in addition to public universities, in 15% reduction in Cal Grant funding. e Corrections: Minimizes cuts in Corrections by not eliminating Civil Addict Program and no I rejecting certain nonviolent commitments. • Health &Welfare: Retains Medi-Cal optional services; reduces AFDC grants 4.5%; reduces SSVSSP 4.5%; assumes Governor vetoes budget down to reflect passage of his welfare initiative. # Additional targeted reductions: Adopts reductions recommended June 30 by Assemblywoman Hansen and 11 other legislators, including abolishing Department of Mental Health and merging the Board of Equalization and the Franchise Tax Board. • Eliminates state government positions that are vacant. 9164414925 SR. ;OKSON-BRRISH F-226 7 P-005/005 JUL 16 '92 14:54 i THE HILL-ISENBERG BUDGET PROPOSAL General fund share by spending type K-14 Education 43.6% $17.36 Health-Welfare 31.7% $12.644 Higher Ed. 9,4% $3.76 Corrections 7,4% $2.93 General Govt, 5,3% $2,511 Resources 1.6% $0,629 $0 $5 $10 $15 $20 Billions Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: July 22 , 1992 SUBJECT: F. Y. I . 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board o(Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop RESOURCE$ FOR RESOURCES Open Space Funding Workshop Sponsored by the Bay Area Open Space Council Thursday,July 16, 1992,8:30 a.m.- 1:00 p.m. City Council Chambers,1666 North Main Street,Walnut Creek PROGRAM 8:30 a.m. Registration 9:00 a.m. Welcome Dan Cather,Open Space Superintendent,Walnut Creek Larry Orman,Executive Director,Greenbelt Alliance 9:10 a.m. What's New with Taxes and Assessments The Rider decision has challenged traditional efforts to secure local funding,yet opportunities still remain for those willing to make extra efforts. Steve Mayer,Attorney, Howard, Rice, Nemerovski, Canady, Robertson & Falk Vicki Moore,South Bay Field Rep., Greenbelt Alliance 10:15 a.m. Bonds for Open Space Statewide park bond measures have been large sources of funding for local governments,nonprofits and special dlstricts--but will they continue to offer such financial resources? Steve Casalegglo,Attorney,Jones, Hall, Hill& White Jerry Meral,Executive Director,Planning&Conservation League 11:30 a.m. What's in the ISTEA The Intermodal Surface Transportation and Efficiency Act offers significant opportunities for public open space and trails-a new role for transportation programs! Hank Dittmar, Mgr. of Legis. & Finance, Metro. Transp. Commission Charlie Willard,Statewide Trails Coord.,Calif. Dept. of Parks&Recreation 12:30 p.m. Conclusion The adage goes: 'We all hang together,or we'll all hang separately.' There=possibilities for new coalitions for park and open space funding! Brian O Neill,General Superint.,Golden Gate National Recreation Area 12:45 p.m. Participant Feedback 1:00 P.M. Adjourn (Lunch available nearby) The Bay Area Open Space Council... Is an ad hoc group of executives from public and nonprofit park,open space and land management agencies Interested in supporting regional leadership and enhancing expertise for the permanent protection of remaining open space in the nine county Bay Area. The Council is provided staff support by Greenbelt Alliance. Workshop produced with the assistance of San Jose Recreation,Parks and Community Services, Walnut Creek Public Services Department and Greenbelt Alliance 71b44147�U :)Mi. JM1K=-U1i DHM1DAM r'l4b7 I-VJb r'-'UU1/U'L1_1 JUL -le SR� .J. ',son, Barish & Assn fates TRANSMITTED VIA FACSIMILE July 22, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH/DAVID NAGLER 916-442-0382 DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 RANDY GRAHAM 805-566-2456 CFCA/FDAC OFFICE 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1519 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: BUDGET UPDATE On July 21, 1992, the Budget Conference Committee met to discuss the local government AB 8 property tax issue. The Committee requested staff to prepare a number of final options for further consideration later today. At the outset of the discussion, Senator Hart, Assemblyman Hannigan and Assemblywoman Wright expressed concerns relative to the impact any AB 8 property tax shift would have on special districts. These concerns were directed toward non-enterprise districts, as there were no comments made on the enterprise districts shift. The concerns about the impact to non-enterprise special districts centered on the lack of replacement revenue authorities. In effect, the Committee recognized that special districts, unlike cities and counties, would have no viable way to replace their lost property tax revenue. Senator Hill suggested that the Committee should consider prioritizing special districts relative to the services each provides and protect funding for those that provide essential public services. Fire protection and mosquito abatement were mentioned as examples of priority public services. Assemblyman Hannigan suggested that the counties should share a portion of their increased sales tax (provided they increase the rate) with districts to replace the same amount of property tax revenue each district loses. There may be a constitutional problem with this idea and staff will report back today with their findings. Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,CA Consultants 916 441-4925 95814 9164414925 SRJ. JAC B N-BARISH F-469 -062 P-002/002 JUL 22 19209:tt Budget Update July 22, 1992 Page 2 Finally, the Committee agreed in concept that the AB 8 shift should take place over 2 or 3 years. They also agreed that the first year shift should equal $1.7 billion, up from the $932 million discussed last week. The final issues left open for today's deliberations include: 1. The phase-out period -- How long?; 2. The amount to be shifted this year?; 3. Are cities in or out of the shift?; 4. Are redevelopment agencies in or out of the shift?; 5. Will special districts receive special consideration? If so,will it apply to all special districts?; and, 6. Will enterprise special districts be included in the final Budget agreement? The Speaker is meeting with the Governor today and we should have some indication later today as to what progress, if any, was realized. RAH/kmg S�) ��son, parish & Assc ' ,ites TRANSMITTED VIA FACSIMILE July 21, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH/DAVID NAGLER 916-442-0382 DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 RANDY GRAHAM 805-566-2456 CFCA/FDAC OFFICE 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1519 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: BUDGET UPDATE We may be getting close to a vote on a Budget. The Conference Committee, short of a leadership meeting with the Governor, may put out a Conference Report as early as today, with a vote scheduled for Wednesday or Thursday. Given the Conference Committee action last Friday on the Hill-Isenberg proposal, the Conference Report probably will include enterprise special districts at $250 million, and a three-year phase-out of the non-enterprise special districts' property tax revenues. A number of key questions remain unanswered at this writing. First, the Governor's staff continues to tell us that the enterprise special district proposal is "off-the-table." In the final analysis, I believe the Governor would agree to including the enterprise districts, provided he gets some of the budget reforms he is seeking. Second, the Hill-Isenberg proposal includes cities and redevelopment agencies, to which the Governor is opposed. Many legislators believe the "pain" should include cities and redevelopment agencies and have suggested that it is not fair to hit only counties and districts. The Governor's insistence that cities be excluded could become a major complication in reaching consensus on the local government component. Third, if the non-enterprise special districts lose their AB 8 property tax revenue over three years, there is no formula yet as to what the first year loss would be. The Hill-Isenberg proposal sets the first year shift at $932 million (for all local entities), but is silent on years two and three. Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,CA Consultants 916 441-4925 95814 9164414925 SRJ. JACKSON-BARISH F-381 T-027 P-002/002 JUL 21 192 013:32 Budget Update July 21, 1992 Page 2 Finally, the Governor continues to push his plan that impacts onlycounties and non- enterprise special districts; it proposes a permanent 50% reduction otheir AB 8 property tax revenues. The first year estimated impact is also $932 million. With cities excluded from this proposal, the impact on districts would be greater. While the Speaker has instructed his staff to identify replacement revenues for special districts, I am not optimistic viable options will be found to replace the lost property tax revenues. Assemblyman Sam Farr has proposed the Special District Augmentation Fund be taken "off-the-table". Frankly, his suggestion has not picked up much support among the leadership nor the Governor's staff, As we enter the final phases of the Budget process, I do not believe there is much more we can do to impact the final outcome. I will, nevertheless, continue to provide data to key legislators with the purpose of minimizing the impact on special districts. I will provide you with any new developments that occur over the next few days. RAH/kmg REPLY TO: SACRAMENTO ADDRESS U* 0 1992 STATE ba 't:; 4•1 P.O.BOXX 942849 942849 SACRAMENTO,CA 94249-0001 + FAX(916)323-8898 --- O DISTRICT OFFICE CHAIRMAN: SUITE 300 DOMINIC L. CORTESE 1 WATER,PARKS AND WILDLIFE 00 PASEO DE SAN ANTONIO SELECT COMMITTEE ON CALIFORNIA WINE SAN JOSE,CA 95113 ASSEMBLYMAN,TWENTY-FOURTH DISTRICT PRODUCTION AND ECONOMY (408(269-6500 CHAIRMAN WINE INDUSTRY TASK FORCE OF NATIONAL FAX(408)277-1036 ASSEMBLY COMMITTEE ON WATER,PARKS AND WILDLIFE CONFERENCE OF STATE LEGISLATURES COMMITTEES: AGRICULTURE GOVERNMENTAL ORGANIZATION SELECT COMMITTEE ON SMALL BUSINESS HOUSING AND COMMUNITY DEVELOPMENT July 15, 1992 LEGISLATIVE AUDIT ORGANIZED CRIME AND GANG VIOLENCE REFUGEE RESETTLEMENT,INTERNATIONAL MIGRATION AND COOPERATIVE DEVELOPMENT OUINCENTENNIAL SEISMIC SAFETY COMMISSION Mr. Herbert Grench General Manager, Midpeninsula Regional Open Space District 201 San Antonio C. rcle, Suite C-135 Mountain View, C 94040 Dear Mr. Gre ch: Thank you for your letter expressing concern with prop6sals now pending to reduce AB 8 bailout funds to special districts, cities, ,and counties as part of the 1992-93 budget. I sympathize with your concerns, and recognize clearly that the potential cuts will result in deterioration of locally-delivered services. I wish they could be avoided, but in light of the very serious fiscal situation California finds itself in, our options are severely limited. As you know, in order to preserve minimum levels of vital public services in the areas of health, education, public safety and others, deep cuts are being made across the entire range of public spending. To ensure that pain is shared equally, many in the Legislature believe the time has now come to end the substantial state bail-out provided to cities, counties, and special districts after Proposition 13, worth today almost $3 billion annually. Tentative proposals are pending which would reverse the 1979 AB 8 property tax shift, thereby returning local agencies and schools to their pre-Proposition 13 shares of the local property tax. Recognizing the impact such deep cuts could have on local service delivery, these proposals also include authorization for cities and counties to levy local-Option sales taxes to recoup some or all of the property tax losses . I �G«1 Printed on Recycled Paper Mr. Herbert Grench July 15 , 1992 Page 2 Special Districts will have a difficult time recouping lost property tax revenue. It is clear that the concerns of districts that rely heavily on property tax must be addressed. Discussions continue in search of an equitable solution that can garner the two-thirds majority vote needed to pass the budget, and cities, counties and special districts are actively involved in these negotiations. It is my intent to listen to any and all suggestions in order to mitigate the effects of the budget cuts to local governments. The Governor and the Republican Legislative caucus have indicated during the budget debate that they would be unwilling to support a solution that included new revenues or a roll-over of debt. This stance will make it that much more difficult and painful to solve our State's fiscal crisis. I appreciate you taking the time to let me know your thoughts on this important matter. Please feel free to keep me informed of issues of importance to you. Sinc rely, C ' DOMI C L. CORTESE VI Asse lyman, 24th District DLC:tw CAPITOL E JUL � 1992 COMMITTEES OFFICE C STATE CAPITOL CHAIRMAN P.O.BOX 94849 � � 2 SACRAMENTO, 9 84 9-0001 NATURAL RESOURCES (916)445-7632 MEMBER DISTRICT OFFICE � � � � CONSUMER PROTECTION.EFFICIENCY 785 CASTRO STREET GOVERNMENTAL EFFICIENCY& ECONOMIC DEVELOPMENT SUITE C VIEW,CA 94041 ENVIRONMENTAL SAFETY& MOUNTAIN VI (41 5) EW, 31 TOXIC MATERIALS BYRON D. SHER INSURANCE ADMINISTRATIVE ASSISTANT JOINT COMMITTEE ON THE ARTS BETSY BLAIS SHOTWELL ASSEMBLYMAN.TWENTY-FIRST DISTRICT JOINT COMMITTEE ON PRISON CONSTRUCTION&OPERATIONS July 20, 1992 Herbert Grench, General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite 135 Mountain View, CA 94040 Dear Herb: Thank you for your letter supporting continued "bailout" funding of non-enterprise special districts. I read your comments with interest, and I sympathize with your concerns that a deletion or reduction in "bailout" funds would have devastating effects on the preservation of open space districts. I am pleased to inform you that I have already signed a letter to the Joint Budget Conference Committee which supported this position. The letter indicated my support for an amendment to SB 1364 to shield both the Midpeninsula Regional Open Space District and the East Bay Regional Park District from the proposed AB 8 property tax shift. Once again, thank you for contacting me regarding this issue. Please continue to keep me informed of your views and concerns. Sincerely, BYRON D. SHER, Assemblyman 21st District BDS:j ma Printed on Recycled Paper