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19920826 - Agendas Packet - Board of Directors (BOD) - 92-20
Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-20 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 August 26, 1992 Mountain View, Calif. (7: 30) * ROLL CALL ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- R. McKibbin WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7 :45) 1. Proposed Addition of the Cullen et al. Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of 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 Cullen et al. ) (7: 55) 2 . Gift Policies -- C. Britton (8:40) 3 . Agreement with City of Mountain View to Provide Dispatch Services -- J. Escobar (8: 55) 4 . Proposed Building Demolition at the Former White et al. Property in the Cathedral Oaks Area of Sierra Azul Open Space Preserve -- R. Anderson 5. September Board Meeting Schedule (Consent Item) J. Fiddes 6. Authorization to Solicit Bids for Repairs to the Spillway at Sausal Dam on Windy Hill Open Space Preserve (Consent Item) -- M. Gundert 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,Gi nny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 7. Budget for Architect's Fees for 330 Distel Remodel (Consent Item) -- C. Britton 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 OP PUBLIC MEETINGS A public workshop for the Use and Management Plan for El Corte de Madera Creek Open Space Preserve will be held Thursday, August 27, 1992 from 6:00 P.M. to 7:30 P.M. The workshop location will be at the Gordon Mill Trailhead located on the west side of Skyline Boulevard, 2.9 miles north of Highway 84, or 2.7 miles south of Kings Mountain Road. Look for red balloons hanging on the gate (CM03) . Drive through the gate, and up the road to the left. The 20th Anniversary Committee will meet Thursday, September 17, 1992 beginning at 1:30 P.M. at the District Office. The purpose of the meeting will be to plan special events for the District's 20th anniversary. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-19 REGULAR MEETING BOARD OF DIRECTORS August 12, 1992 MINUTES I. ROLL CALL President Robert McKibbin 'called the meeting to order at 7: 3,0 ''P,.M. Members Present: Ginny Babbitt, Richard Bishop, Betsy Crowder, Kay Duffy, Teena Henshaw, and Robert McKibbin. Members Absent: Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, Jean Fiddesf Malcolm Smith, Randy Anderson, John Escobar, Del Woods, and Deborah Morvay-Zucker. ORAL COMMUNICATIONS There were no oral communications. III. ADOPTION OFAGENDA H. Grench requested that an urgency item concerning listing of unopposed candidates on the ballot be added to the agenda for Board consideration. He stated that Santa Clara County needed to be advised immediately of the Board's decision regarding-whether or not to list unopposed candidates on the ballot. R. McKibbin stated that the agenda, with addition of the election item, was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR G. Babbitt requested removal of written communications from,,L6c' ,al . 715, from Kathy Johnson, and from Judith Murphy, from the ,c' onsent calendar. Motion: B. Crowder moved that the Board adopt the consent calendar, as amended, including written communications from Harry H. Haeussler, Jr. , 1094 Highland Circle, Los Altos; Mrs. Carl P. McCarthy, 5 Eastlake Avenue, Pacifica; and Nevo F. Capitina, 372 Castro Street, Mountain View, the minutes of June 29,,IJuly 8, and July 22 , 1992 Board meetings, and Revised Claims 92-14. G. Babbitt seconded the motion. The motion passed 6 to 0. V. WRITTEN COMMUNICATIONS G. Babbitt and R. McKibbin requested wording changes in the draft response to the letter from Local 715 dated July 14, 1992 . Open Space . . . for room to breathe - 20th Anniversary 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 * Phone:415-691-1200 FAX:415-691-0485 0 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Gin ny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-19 Page 2 G. Babbitt proposed changes to the draft response to the July 30, 1992 letter from Kathy Johnson, 15500 Benedict Lane, Los Gatos regarding bicyclists at Fremont Older Open Space Preserve. K. Duffy and R. McKibbin requested more proactive patrol at Fremont older Open Space Preserve to curb the trail use conflicts being created by bicyclists. R. McKibbin stated that the changes in the letter were accepted by Board consensus. G. Babbitt asked for an update on fire suppression methods before approving the response to the letter from Judith Murphy, 8 Portola Green Circle, Portola Valley. J. Escobar provided an update, and the draft response was approved by Board consensus. VI. BOARD BUSINESS A. 1991-1992 Program Evaluation (Report R-92-89) H. Grench stated that the evaluation reported progress to date, including the 1991-1992 fiscal year, and the first four months of the 1992-1993 fiscal year. Staff reviewed the District's program objectives and progress and answered questions asked by Board members. Motion: B. Crowder moved that the Board accept the 1991-1992 Program Evaluation report. G. Babbitt seconded the motion. The motion passed 6 to 0. B. Classification, Salary. and Fringe Benefit Study - Ralph Anderson & Associates (Report R-92-88) Douglas Johnson of Ralph Andersen & Associates briefed the Board on the survey conducted by his organization, and explained the general factors and the basis for the study's conclusions that were to be presented in specific detail to the Board in closed session later in the meeting. C. Listing of Unopposed Candidates on the Ballot (Report R-92-90) J. Fiddes stated that by not listing the unopposed candidates, Teena Henshaw (Ward 3) , Ginny Babbitt (Ward 4) , and Wim de Wit (Ward 7) on the November ballot the District would save approximately $36, 000. She noted that if the Board did not wish to list unopposed candidates on the ballot the decision had to be made at this Board meeting because of Santa Clara County election scheduling deadlines. Motion: G. Babbitt moved that the Board Adopt Resolution 92-40, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing the Unopposed Candidates for Election on the November 3 Ballots of San Mateo County and Santa Clara County and direct staff to inform the registrar Meeting 92-19 Page 3 of voters in Santa Clara and San Mateo Counties of the Board's decision. T. Henshaw seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS G. Babbitt stated that the 1993 Rails to Trails Conference would be in California. B. Crowder encouraged Board members to forego receiving the directors ' fees in view of the State budget crisis and potential impact on the District. J. Escobar stated that the number of incidents of large groups on preserves without permits was increasing. He stated that staff was drafting a policy that would be presented to the Board. H. Grench stated that the California Park and Recreation Society's legislative committee had sent a letter to President Bush about the Wetlands Reform Act of 1992 . He also reported on meetings and potential exchange visits with visitors from Japan. H. Grench reported on the staff waste reduction committee and its activities. He said that he had arranged to meet with Senator Morgan and Assembly Member Sher concerning the State budget. T. Henshaw, G. Babbitt, and R. McKibbin stated they would also attend the meetings. C. Britton reported that no public comment had been received on the McQueen property and the Ravenswood Drill property acquisitions and escrow had closed on both properties. He noted that the date of the El Corte de Madera Creek Open Space Preserve Use and Management Plan workshop had been changed to Thursday, August 27 . Additionally, he reported that an arson fire destroyed one of the buildings on the former Hosking property in which Alan Hosking stored personal property, including old vehicles. J. Escobar reported on bicycle accidents on Monte Bello and Rancho San Antonio Open Space Preserves, a solo running injury, and the recovery of the body of a suicide victim on Rancho San Antonio open Space Preserve. M. Smith reported that the District hosted visitors from Metro Greenspaces in Oregon. VIII. CLOSED SESSION H. Grench announced that personnel matters would be discussed in closed session. C. Britton announced that litigation matters to be discussed in closed session, M.R.O.S.D vs. Town of Los Gatos and M.R.O. S.D. vs. Vidovich fell under Government Code Sections 54956. 9 (a) and (b) and that land negotiations to be discussed were Santa Meeting 92-19 Page 4 Clara County assessor's parcel numbers 558-01-008, owner Neil Cullen et al. , negotiating with Neil-:.Cullen; assessor's parcel number 558- 36-001 and -008, owner Yvonne Lindemann, negotiated with Gary Beck; Santa Clara County assessor's parcel number 558-34-005, owner Kathy Lyles, negotiated with Jim Lyles; Santa Clara County assessor's parcel numbers 558-01-023 , and 502-03-001; and, Santa Clara County assessor's parcel number 562'-06-011, owner John McEnaney et al. , negotiated with Gary Beck. The Board recessed to closed session on litigation, land acquisition, and personnel matters at 9:45 P.M. Ix. ADJOURNMENT The Board reconvened to adjourn the meeting at 11:42 P.M. Deborah Morvay-Zucker Secretary Claims No. 92-14 Meeting 92-19 Date: Aug. 12, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description ------------------------------------------------------------------------------------------------- 2939 102.80 AT&T Maintenance Agreement 2940 311 .09 Acme & Sons Sanitation, Inc. Sanitation Services 2941 7 .04 Altos Print & Copy Photocopying 2942 3,411 .73 Alves Petroleum, Inc. Fuel 21943 1 ,415.00 Ralph Andersen & Associates Salary and Compensation Study ,1_944 125.00 Association of Environmental Advertisement Professionals .2945 172.66 Baker Graphics, Inc. Signs 2946 19.05 Bay Area Air Quality Management Permit District 2947 1 ,846.88 Best Sanitation Sanitation Services �948 468.29 Big Creek Lumber Power Poles ,949 1 ,778.25 Binkley Associates Consulting Services--Skyline Water Project 2950 41 .48 Richard Bishop Reimbursement--Docent Recognition Expenses 2951 946.34 Bridge Radio Services , Inc. Radio Equipment 2952 120.16 Dick Bruhn, Inc. Uniform Expense 2953 1 ,830.00 Business Interiors Office Furnishings 2954 21 .94 California Water Service Water Service '2955 464.30 Callander Associates Architectural Services--Windy Hill 2956 549.81 Circuit City Appliance--Distel Circle 2957 100.00 Coastside Proflame Fuel 2958 5.39 Computer Resource Center Computer Supplies 2959 96.20 Conney Safety Products Emergency Supplies 2960 2, 129.28 Corporate Environments, Inc. Office Funishing,s--Distel Circle 2961 376.31 Alice Cummings Reimbursement--Film, Camera Repairs and Computer Software 2962 1 ,800.00 Davey Tree Tree Removal 2963 12.50 Department General Services Resource Document 2964 1 ,569.90 Design Concepts Design and Production of Annual Report and Other .Miscellaneous Graphic Jobs 2965 2.232.00 Employment Development Department Unemployment Insurance 2966 156.96 Expedite Signs 2967 42.86 Jean Fiddes Private Vehicle Expense 2968 350.00 First American Title Insurance Preliminary Title Report Company 2969 744.50 David B. Fisher Legal Services 2970 16,292.27 Fitzpatrick Chevrolet, Inc. Chevrolet Blazer 2971 29,86:F.06. Fruitridge Printing and Lithograph Printing of Annual Report 29,947.00 2972 2,190.74 Robert M. Garcia Consulting Services--Distel Circle 2973 79.45 Goodco Press Docent Newsletter Printing 2974 31 .39 Graphistat, Inc. Prints 2975 2,015.62 Great Impressions Plus Color Proofs for Annual Report Cover 2976 560.33 Hertz Equipment Rental Corporation Equipment Rental 2977 2,200.00 Hughes, Heiss & Associates Consulting Services 2978 53.89 Emma Johnson Private Vehicle Expense 2979 62.05 Keeble & Shuchat Slide and Film Processing 2980 639.60 Konica Business Machines Maintenance Agreement 2981 200.00 Lopez Gardening Service Gardening Service--Distel Circle 2982 701.78 Los Altos Garbage Company Dumpster Rental *Emergency check issued on August 3, 1992. Claims No. 92-14 Meeting 92-19 Date: Aug. 12,1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description -------------------------------------------------------------------------------------------- 83 195.22 Merwin dace Private Vehicle Expense 84 275.00 Magana' s Building Maintenance Janitorial Services--Distel Circle 85 138.01 MicroAge Computer Centers Equipment Repair 1073.64 Mission Valley Ford Truck Sales Vehicle Repairs 86 1 ,908 .68 Mobile Modular Management Temporary Field Office Building Corporation 87 36.50 Monogram Sanitation Sanitation Supplies 88 National Mailing Services Postage and Mailing 1,980.00 ` 89 98.78 Noble Ford Tractor, Inc. Equipment Supplies and Parts 990 3, 194 .60 Stanley R. Norton Second Quarter 1991 Litigation Fee and May, June and July Expenses 991 1 ,461 .85 Office Depot Office Supplies 92 1 ,393.66 Pacific Bell Telephone Service 993 93.59 Peninsula Blueprint, Inc. Enlargements and Supplies 93 106.73 PIP Printing Map Photocopying 95 19.08 Pitney Bowes Postage Meter 96 48,212. 10 Plan Construction Company Picchetti Barn Restoration 997 35.70 Town of Portola Valley Plan Review Fee 98 9 . 12 Precision Engravers , Inc. Name Badges 99 22 .44 Rancho Hardware Field Supplies 00 60.00 Nancy Rankin Honorarium--Docent Training 01 291 .09 Rich' s Tire Service Tires 02 1 ,808.34 Rov' s Repair Service Vehicle Maintenance and Repairs 003 110.52 S & W Equipment Company Eauipment Repairs and Rental 04 146.33 Safety Kleen Corporation Solvent Service 005 1 ,322.03 San Jose Blueprint Drafting Tables 06 369.60 San Jose Mercury News Election Notice 007 170. 10 San Mateo Times Newspaper Group Election Notice 008 814.24 Santa Clara County Sheriff 's Patrol Service Department 109 230.00 Sequoia Analytical Lab Tests 010 52.47 Shell Oil Company Fuel 11 808.20 Signs of the Times Signs 012 100.76 Skyline County Water District Water Service 13 1 ,250.09 Smith Equipment Field Equipment 014 295. 23 David Topley Reimbursement--Field Supplies 15 52.40 United Parcel Service Mailing Service 016 400.00 United States Postmaster Postage 17 26.80 University Art Center Drafting Supplies 018 552.09 Valley Title Company Title Policy--McQueen 19 674.61 Valley Tool & Manufacturing Field Equipment Parts and Repairs 020 27,365.00 Westwood Design Casework Installation--Distel Circle 21 153.82 W-MI Services-Port-O-Let Sanitation .Services 022 472.48 The Workingman's Emporium Uniform Expense 23 11191 . 11 Yardbird Equipment Sales Equipment, Supplies, Parts and Repairs 024 90.00 Joan Young Reimbursment--Training and Membership Dues 25 497.00 Zbigniew Zabinski Maintenance--Distel Circle 026 76.36 Gardenland Equipment Parts 27 267.81 Petty Cash Field and Office Supplies, Resource Documents, Equipment Repair, Local Meeting Expense, Subscription, and Private Vehicle Expense Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-20 SUMMARY OF AUGUST 26 , 1992 REGULAR BOARD MUTING Proposed Addition of the Cullen et al . Property to the Cathedral Oaks Area of Sierra Azul. Open Space Preserve - The Board adopted Resolution 92-41 authorizing the purchase of the two acre parcel near Lake Flsman for a purchase price of $30 , 000 . Gift Policies - The Board selected a committee to work with District staff to review and revise memorial and commemorative gift policies in cooperation with a Peninsula Open Space Trust committee . Agreement with City of Mountain View to Provide Dispatch Services The Board authorized the general manager to enter into an agreement with the City of Mountain View to provide the District ' s twenty-four hour radio dispatch services and approved expenditures for radio system start-tip costs of approximately $21 , 000 . Proposed Building Demolition at the Former White et al . Property in the Cathedral Oaks Area of Sierra Azul Open Space Preserve - The Board authorized the demolition of the main house at surrounding buildings at the former White et al . property in the Cathedral Oaks Area of Sierra Azul Open Space Preserve . September Board Meeting Schedule - The Board scheduled a Special Meeting for Wednesday, September. 2 , 1992 beginning at 5 : 00 P.M. at the District office for the purpose of holding a closed personnel session to discuss the classification , salary, and fringe benefit study conducted by Ralph Andersen and Associates . The Board canceled the September 9 , 1992 regular meeting. Authorization to Solicit Bids for Repairs to the Spillway at Sausal Dam on Windy Hill Open Space Preserve - The Board authorized staff to advertise for bids to reconstruct the spillway at Sausal Dam on Windy Hill Open Space Preserve . Budget for Architect ' s Fees for 330 Distel Remodel - The Board approved an increase in the fees of $25 , 000 for architectural services . 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 Claims N _j2-15 Meeting 92-20 Date: Aug. 26, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------------------------------------------------------------- 3028 1 ,070.70 Alves Petroleum, Inc. Fuel 3029 56.06 American Welding Supply Welding Supplies 3030 1 ,000.00 Ralph Andersen & Associates Salary & Compensation Study 3031 1 .000.00 Louis Bordi Trail Realignment 3032 765.50 Brown, O'Donnell , Miller, Brown Legal Services & Dannis 3fl3 3034 11 .30 State of California, GSA Directory 3035 248.22 California Water Service Co. Water Service 3036 297.50 Cannis Consulting Engineers Engineering Services 3037 380.00 Cara Roofing Roof Repair - Saratoga Gap 3038 321 .65 Clark's Auto Parts Vehicle Parts 3039 100.00 Annette Coleman Reimbursement-Exterminator Service 3040 235.50 Com Systems Telephone Service 3041 2,271 .38 Corporate Environments, Inc. Delivery & Storage 3042 17.30 Betsy Crowder Reimbursement - Book 3043 122.00 Alice Cummings Reimbursement-Photographic Supplies 3044 24.90 East Palo Alto Water District Water Service 3045 189.29 Economy Business Machines Typewriter Repair 3046 397.71 Film to Frame Prints & Mounting 3047 30,000.00 First American Title Guaranty Co. Cullen Property Purchase 3048 1 ,944.00 David B. Fisher Legal Services 3049 50.00 Flinn, Gray & Herterich Insurance 3050 466.00 Mary Gundert eReimbursement-Planning Fees Skyline Water System 3051 208.59- Home Depot Field Supplies 407.64 3052 198.00 Honeywell Protection Services Security System 3053 3,343.21 Interstate Traffic Control Signs Products 3054 12.45 Travis Jensen Reimbursement-Field Supplies 3055 53.84 Emma Johnson Private Vehicle Expense 3056 2,600.00 Dennis Kobza & Associates Architectural Services-Ranger Facility 3057 546.46 Ligtelyn Communications Radio Repair 3058 211.09 McGrath RentCorp Modular Office Rental 3059 37.50 Meyers, Nave, Riback & Silver Legal Services 3060 3,632.97 Miracle Auto Repair VehicleRepair 3061 54.00 Michael Newburn Reimbursement-Ranger Residence Repair 3062 3,500.38 Micro Express Computers 3063 10.70 Norney's Office Supplies 3064 9.50 Northern Energy Propane Fuel 3065 267.51 Orchard Supply Hardware Field Supplies 3066 70.36 Peninsula Times Tribune Subscription 3067 490.00 PIP Printing Printing 3068 1 ,775.00 * Town of Portola Valley Permit Application Fee 3069 2,000.00 Postage by Phone Postage 3070 26.61 Precision Engravers Badges *Emergency check issued August 17, 1992 Claims No. 92-15 Meeting 92-20 Date: August 26, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description -------------------------------------------------------------------------------------------------- 3071 90.00 Rabbit Copier Repair Service 3072 9,008.00 Robertson, Alexander, Luther Legal Services Esselstein, Shiells & Wright 3073 71 .55 Rokon International Field Supplies 3074 900.79 Roy's Repair Service Vehicle Repair 3075 342 .55 Tax Collector Santa Clara County Possessory Interest Tax 3076 265.95 Sears Field Supplies 3077 111 .36 Malcolm Smith Reimbursement - Meal Conference 3078 6,264 .93 The Steinberg Group Architectural Fees & Services 330 Distel Circle 3079 11 .45 University of Oklahoma Press Publication 3080 12,230.00 Westwood Design Casework Installation-Distel Cicle 3081 1 ,799.60 Whitmore, Johnson & Bolanos Legal Services 3082 100.00 Whole Access Membership Fees 3083 74.51 Ralph Molica Reimbursement--Tuition 3084 440. 18 Petty Cash Film and Developing, Field and Office Supplies, Local Meeting Expense, Signs, Volunteer Expense, Vehicle Parts , and Private Vehicle Expense AUG 011992 42 Oak Grob Live Los Gatos, Ca. , 95032 Leyond that area, Leyona the Point, where July 30, 1992 the road to the Lai, becomes very poor later on, it is extremely hard It is 1d4id-Penninsuia Open Space badly rutted, deeply so., exposing large rocks 201 San Antonio Circle, Lldg.G Suite 13b everywhere, and ,:tiakes walking it difficult. Mt . View, Ca. 94040 Our grandson Cell three times - it is possibly from bikes, perhaps 1'rora the rains, but it is Attn: „irs . Uiadys Luffy probably the worst piece of' trail I've ever Lear rvirs . )ul'i'y, been on. and I hike frequently many,many trails . actually, at this time, I would say the fri end riend and I walked your trail out of old trail was safer. at least I could' naviL,,;,--.te Los Gatos Park on Jones goad last 1�ew Years it better, as I knew what to expect at the i)ay. There was an unprotected spot around a sandy slide and how to Let across surely. Li- bend that was very dangerous . The ground on that teas just one place . the cliff side was beginning to slide and there was no barrier to stop it as there was at a Sorry to bother you with this - I did previous spot and no hand rail. phone L.G . Parks Supt . last January, but he said it was out of iris jurisdiction. Then I bikes come by the unprotected spot ( it ' s kept forgetting to phone or write you. I Know just past the place with the raii)and tho the you,personaiiy, will get someone to take care rider is supposed to walk the bike around such of this, as this trail has been a great boon blind bends, one out of 6-8 people that day did, to all the co�imiunity, and not just f'or us folks only • who live nearby. besides the steep drop,unprotected, and ThaneAng you, I am, with a slide starting, the bike traffic around that blind bend makes it 11 more dangerous . sincerely hikers coming from behinct�, 61"WcP'ea walker is supposed to stay to the ric,ht, and the biker calling "to the lef't! ", and with a steep drop k,,irs Vernon ; earce ) there, get me pretty shaky and startled and -my instinct is to get to the inside to the iei't, by the hillside, where it ' s safe ! And this, of course, unnerves the cyclist . Pi,EA6h! Do something about that spot! Uive us a railing to cling to at least ! itiy hus- band and I walked up there a week ago with our grandsont and it ' s still as it was New Year' s Day . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Kimberly Gonzales 778 Hacienda Avenue Campbell , CA 95008 Dear Ms . Gonzales : Thank you for your recent letter about your accident at Fremont Older Open Space Preserve . At our Regular Meeting last night , the District ' s Board of Directors reviewed your comments . The incident is disturbing to us , and we are relieved that your injuries were not more serious . The safety of all preserve visitors is a primary concern to us . We are currently developing trail use guidelines that will accommodate a variety of users and provide for a safe , enjoyable trail experience . We have published a trail etiquette brochure to encourage courtesy among all trail users . Our staff is looking into installing more signs where needed . Also, our rangers are patrolling problem areas more frequently . Rangers can issue citations for reckless cycling only when they witness the violation. We are sorry that your accident occurred . Considerate bicyclists use District trails too, of course . We hope you will meet more of them during your future preserve visits . Sincerely, Robert McKibbin , President Board of Directors cc : Board of Directors 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 d ?resident Acknowledge/Respond Acknowledge/Respond /� /►�J/(�]q/ .f Acknowledge/Respond Draft Response Attached �)„S U lllllV iA S-ff to be Directed to eaare Draft R espons. ! ; Board Coasid.:acion per Hoard DS:ectl1:C.1 To the Board of Directors: ao Response vec.ssar7 I am writing this letter to inform you of an accident I was involved in at the Fremont Older Preserve. I am 30 years old and have been an equestrian for 17 years. I have been leasing the same horse for 12 years from a private owner boarded at Garrod Stables. The horse has lived there and ridden those trails for 5 years. On July 21 , 1992 we were taking a trail ride, we usually enjoy the trails twice a week, sometimes for hours at a time. There seemed to be an excess of mountain bikes on that particular day, none of which slowed down before passing. I spent most of the ride asking people to "please slow down". Seconds before the accident occured I asked someone to slow down and the man replied "you already told me that earlier" as he whizzed by us. The horse had no time to recompose himself before another bike came flying down the hill at us. I was trying to get that person to slow down when the next thing I knew I was on the ground, the horse had run away. The bike rider was sincerly concerned at that point. I had the wind knocked out of me and was a little dazed from banging my head. The bike rider offered to find the horse, give me a ride back, or escort us back. All of which I refused being quite upset. The horse, luckily, just ran around the corner to get away from the bike. It is their natural instinct to flee from danger. I walked beside the horse the rest of the way back, feeling to unsettled to ride. After receiving medical attention the next day, as I was quite ill, I learned I had suffered a concussion. I was unable to work the rest of the week (per doctors orders) and given a prescription for back spasms. This accident is not the only run-in we've had with mountain bikes, but the most serious. The majority, but not { all bike riders are rude and inconsiderate to all others on the trails. I have had a couple of bike riders forewarn me on seperate occassions of "a rowdy group coming up" or "there's more behind me that probably won't stop for you". Last Friday morning we again took a trail ride to Stevens Creek Reservoir. En route I saw one sign at the reservoir instructing bikes to yield to horses. My accident occured in the area of Maises Peak, a long way away from that lone sign. We absolutely need more signs in that area. I did file a report over the phone with Ranger Tom Karnofel, What authority do the rangers have? Can they cite people for excessive speed or endangering others? I know there have been some serious accidents up there this year involving bikes and or horses. It may seem as though I've singled out the bike riders, but that's where all of my experiences stem from. Hikers/joggers bother noone. As an equestrian I can ensure you that our number one concern is safety, always! Trail access is very important in keeping the horses fit both mentally and physically. There is no reason why we can't all share the trails with respect for each other and our surroundings. Please, do something! As an extreme citions, at the very least signs, so others don't have to watch for the same signs as I did (see attached copy) . Thank you. Sincerly, Kimberly Gonzales 778 Hacienda Ave. Campbell 95008 ACUTECARE UNr , i? hjr ;t` SAN JOSE MEDICAL GROUP, 114C. RL�j",. , ,, Oakrldgo Milpitas Branch ;t 224-0262 2G3-8263 �_iE�17IN,���tY 1. Watch for: a. Unequal pupils (black central portion of P.yes not of ecivaf size) b. inability to awaken patient. C. Convulsions (fits), uncorlsclou;:ne-:,. d. Weakness or paralysis if face u, li,nbs. 0. Chang© In behavior or personality, confuslon. f. Change In ability to secs or hear. g. Pemistent vomitfnc�, stiff neck, fever. h. Drainage of fluid from nose or ea.s. 1. Fever over 100 degrees. I Severe headaches. If any of the above symptoms oCCtrr, ri:turn To 3. DO NOT take tranquilizers, sleep medicatlo:l or narcotics for pain relief. 4. The patient may sleep but should be awakened every two hours to check for the-so signs during the first 24 hours 5. Mild headaches and slight dizziness are Corns7►on after head injuries. Two aspirin or Tylenol for adults every four hours and rest will usually control these symptoms. 6. If your condition worsens, Coil or too to tho AcUteCare Unlit. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-91 Meeting 92-20 August 26, 1992 AGENDA ITEM Proposed Addition of the Cullen et al. Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Cullen et al. property. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) This undeveloped two-acre parcel in Los Gatos Creek Canyon lies 1, 500 feet north of Austrian Dam at the western end of Lake Elsman. Its steep west-facing slopes support a lush mixed evergreen forest. Although the Lexington Hills fire swept through this area in 1985, the vegetation has reestablished. Redwood, bay, madrone, and tanoak are common trees in the canyon. The parcel is surrounded by private land. The Cathedral Oaks Area of Sierra Azul Open Space Preserve lies 700 feet to the north. Access is from Summit Road to Wright's Station Road to Sears Road. A private driveway leads from Sears Road to the property. The Santa Clara County Trails and Pathways Plan identifies two proposed trail corridors in the area. One would connect Lexington Reservoir with Lake Elsman via Los Gatos Creek. The other would lead from Los Gatos Creek near Wright's Station to Summit Road. 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-92-91 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated Santa Clara County, within District boundaries. The zoning is Hillside (HS) , requiring a 20 to 160-acre minimum lot size. The property received a low to medium rating for suitability as open space in the District's Master Plan. Protecting the property from grading and development will help preserve the Los Gatos Creek watershed. The road leading to the property could help provide a scenic trail connection if and when the District acquires adjacent properties. Staff plans to review the Cathedral Oaks Area of Sierra Azul Open Space Preserve in November 1994. Preliminary Use and Management Plan Recommendations Dedication: Withhold dedication of this property as public open space. This will allow the District to trade development rights, or sell part or all of the property, if we are unable to buy other necessary land in the area. Name: Name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Public Safety Review: Staff will inspect the site for public safety hazards when the property is acquired. TERMS AND FUNDING The full purchase price of $30, 000 is payable in cash at close of escrow in accordance with the District' s standard form of purchase agreement. Based upon the potential of this property as a separate, legal building site under existing county regulations, this purchase price is determined to be fair and reasonable and represents fair market value. As a result of your informal moratorium on new land acquisitions stemming from the state budget deliberations, an extension on the purchase option was obtained. Unfortunately, the extension from July 22 to August 26 turns out to be insufficient. However, based upon your action of August 12 , 1992 to save $36, 000 in election costs by not listing unopposed candidates, this $30, 000 R-92-91 Page 3 acquisition becomes possible during the current option extension period. FISCAL YEAR 1992-93 CASH EXPENDITURES FOR OPEN SPACE ACQUISITIONS Funds for the 1992-93 fiscal year - cash $5,923, 000* Approved acquisitions (escrow closed) 3 , 386, 667 Approved acquisitions (escrow not closed) 366, 000 Cullen et al. property purchase 30, 000 Remaining cash balance for 1992-93 fiscal year $2, 140, 333 * Based upon current budget, which assumes no reduction in property tax revenues as a result of State budget passage. Prepared by: Alice Cummings, Resource Planner Contact person: L. Craig Britton, Assistant General Manager RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER 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 CULLEN ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Niel R. Cullen et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $2 , 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $30, 000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1. 103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SITE MAP: co 1. GUADA W At&WArfA PROPOSED ADDITION TO THE C-111A.. A.IA f CATHEDRAL OAKS AREA OF e r SIERRA AZUL OPEN SPACE PRESERVE mood Ileights AUG 92 SCALE: 1"= 2000'-0" NORTHt V G u C b SIERRA AZUL OPEN SPACE PRESERVE -�-�Ul wood. CATHEDRAL OAKS AREA r( AZUL OPEN SPACE PRESERVE� MI. UMUNHUM AREA PLIMPH SAN JOSE WATER WORKS— • 1AM: PROPOSED ACQUISITI N QUISITI ULLEN PROPERTY 31�lq :M SAN JOSE WATER WORK a :.. .d��a��.:�.. :. t.,r.n:::q.n:v:M.•:n•;:n.t,:v..,.:.... t:.f. •:;.. �.+'..,.•�'�IlrA�t��a���'w •' '.... ..,:� lf4rvlf ��Z ... ........ .. ......... PURCHASE AGREEMENT This Agreement is made and entered into by and between NEIL R. CULLEN, DALE C. PUGH, PATRICIA L. WATERS, RICHARD R. CULLEN, JR. and VERNON SIMMEN, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincor- porated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately two (2) acres, more or less, and commonly referred to as Santa Clara County Assessor ' s Parcel No. 558-01-019 ; said property being further described in the legal description attached to Preliminary Title Report Number 555582 , dated March 5, 1992 , from First American Title Guaranty Company; said title report attached hereto as Exhibit "All and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Thirty Thousand and No/100 Dollars ($30, 000. 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . PURCHASE AGREEMENT Page 2 NEIL R. CULLEN et al. 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at First American Title Guaranty Company, 329 South San Antonio Road, Suite 8, Los Altos, CA 94022 phone number (415) 941-3320, or other title company acceptable to District and Seller (herein- after "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before August 28, 1992 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District' s check payable to Escrow Holder in the amount of Thirty Thousand and No/100 Dollars ($30, 000. 00) . (Less the $1, 000- 00 option fee paid in accordance with the terms of Section 9 hereinbelow) . PURCHASE AGREEMENT Page 3 NEIL R. CULLEN et al. (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) District shall cause First American Title Guaranty Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $30, 000 - 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (ii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District's direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appro- priate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder 's check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights andLiabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all PURCHASE AGREEMENT Page 4 NEIL R. CULLEN et al. parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy -of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss damage or expense/ including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 6 . Seller's-Re-presentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 02 Valid and Binding greements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6 . 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the excep- tions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims PURCHASE AGREEMENT Page 5 NEIL R. CULLEN et al. made by any third party which are based upon any inaccuracy in the foregoing representations. 7 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 8 . Miscellaneous Provisions. 8 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 8 . 02 Attorneys ' Fees. If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 8 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. PURCHASE AGREEMENT Page 6 NEIL R. CULLEN et al. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 8 . 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 8 . 05 Notices. All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail, return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows: Seller: Neil R. Cullen et al. 2288 Carmelita Dr. San Carlos, CA 94070 (415) 591-9345 District: Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain view, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by facsimile, telegraph or cable, a conformed copy of such facsimile, telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be PURCHASE AGREEMENT NEIL R. CULLEN et al. Page 7 addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other i when prompt notification s appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 8 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent Possible, the economic, business and other purposes of the void or unenforce- able provisions. 8 . 07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instru- ment. 8 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condi- tion of this Agreement. 8 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 8 . 10 Time of—Essence. Time is of the essence of each provision of this Agreement in which time is an element. 8 . 11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. PURCHASE AGREEMENT NEIL R. CULLEN et al . Page 8 8 . 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 8 . 13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 8 . 14 Broker ' s Commission. District and Seller represent and acknowledge that no broker's commission or finder ' s fee is payable by either party with regard to this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 8 . 15 Binding ..on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 8 . 16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 8 . 17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 9 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before June 26, 1992 District shall have until midnight July 22 , 1992 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowl- edges receipt of the sum of one-Thousand Dollars ($1, 000. 00) , which amount shall be credited.-at the closing against the Purchase Price as provided in section 2 hereinabove in the event of District acceptance hereof. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. PURCHASE AGREEMENT Page 9 NEIL R. CULLEN et al. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: % Neil . Cullen Date: G ^ L- Stanley Nor t n,' Distric Counsel ACCEPT FOR RECOMMENDATION: Dale C. Pugh Date: L. Craig Britton, SR/WA Assistant General Manager APPROVED AND ACCEPTED: Patricia L. Waters Date: President, Board of Directors Richard R. Cullen, Jr. ATTEST: Date: District Clerk Date: Vernon Simmen Date: PURCHASE AGREEMENT NEIL R. CULLEN et al. Page 9n IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Neil R. Cullen Stanley Norton, District Counsel Date: ACCEPTED FOR RECOMMENDATION: Dale C. Pugh L. Craig Britton, SR/WA Date: Assistant General Manager APPROVED AND ACCEPTED: Patricia L. Waters Date: President, Board of Directors ichar e Jr. ATTEST: - Date: District Cierk Date: Vernon Simmen Date• PURCHASE AGREEMENT NEIL R. CULLEN et al. Page 9G IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Neil R. Cullen Stanley Norton, District Counsel Date: ACCEPTED FOR RECOMMENDATION: Dale C. Pugh i Date: L. Craig Britton, SR/WA Assistant General Manager -- APPROVED AND ACCEPTED: Patricia L. Waters Date• /$i y7i President, Board of. Directors Richard R. Cullen, Jr. ATTEST: Date: District Clerk Date: Vernon Simmen Date: PURCHASE AGREEMENT NEIL R. CULLEN et al. Page 9T) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Neil R. Cullen Stanley Norton, District Counsel Date: ACCEPTED FOR RECOMMENDATION: //� Dale C. Pugh L. Craig Britton, SR/WA Dater �7 Assistant General Manager APPROVED AND ACCEPTED: Patricia L. Waters Date: President, Board of Directors Richard R. Cullen, Jr. ATTEST: Date: District Clerk Date: Vernon Simmen Date: PURCHASE AGREEMENT Page 9 E NEIL R. CULLEN et al. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Neil R. Cullen Stanley Norton, District Counsel Date: ACCEPTED FOR RECOMMENDATION: Dale C. Pugh L. Craig Britton, SR/WA Date: Assistant General Manager APPROVED AND ACCEPTED: Patricia L. Waters Date: President .. Rnarri of Richard R. Cullen, Jr. ATTEST: Date: District Clerk Date: (- Vernon Simmen Date: Open Space JUL 1 U992 --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 7, 1992 Niel R. Cullen, Dale C. Pugh, Patricia L. Waters, Richard R. Cullen, Jr. and Vernon Simmen c/o Niel R. Cullen 2288 Carmelita Drive San Carlos, CA 94070 SUBJECT: Proposed Cullen, et al. Property Addition to Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Number 558-01-019) Request for Option Extension Dear Mr. Cullen: As with past years, the State budget process has not been completed by the obligatory July first deadline. Since the District ' s tax income is tangential to the State Budget, my Board of Directors has asked that I secure 30 day extensions on all outstanding real property purchase options, so that the District's financial condition can be satisfactorily analyzed and reported to the Board. Therefore, this letter is written as a request for a formal amendment to the terms of that certain Purchase Agreement with Niel R. Cullen, et' al. for acquisition of the subject property, as follows: 1. Section 3 (a) is hereby amended to provide for a final close of escrow date of September 301 11 1992 . 2 . Section 11 is hereby amended to allow the District until midnight, August 26, 1992 to accept and execute this Agreement. 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 Page 2 Please accept my apologies for this extension request, but unfortunately, the District has no control over the State budget process. Assuming that you are willing to approve the proposed amendment to the Purchase Agreement on behalf of all the owners, please sign and return the enclosed copy of this letter. Sinc ly, J% L. Craig Britton, SR/WA Assistant General Manager LCB: ss This letter amendment is hereby accepted and approved on behalf of all the owners of Santa Clara Assessor's Parcel Number 558-01- 019 : / 7 Niel Culfen lJ f Z- Date PTR•2 First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. FIRSTAMERIGAN low- .�•� TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OFTHE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 329 South San Antonio Road, #8 Los Altos, CA 94022 (415) 941-3320 FIRST ANtERICAN TITLE H I B IT A �]C �.o f t032792dks APPLICANT: ESCROW OFFICER Maryann Wakefield CALL (415) 941-3320 FAX NO. (415) 941-7982 Midpeninsula Regional ESCROW ORDER NO. 555582 Open Space District TITLE ORDER NO. 555582 Attention: Craig Britton TITLE OFFICER Cathy Hook 201 San Antonio Rd., Suite 135 CUSTOMER REFERENCE None Shown Mt View, CA 940-43 PROPERTY ADDRESS COPIES TO: None Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: AN AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL OWNER'S COVERAGE POLICY - 1987, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or refer-red to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder of Commitment should be requested. Robert J. Gilardoni Title Operations Manager FIRST AMERICAN TITLE t-XHIBIT-A page 'I- of Order No. 555582 Page 2 Dated as of March 5, 1992 at 7:30 am. Me to said estate or interest at the date hereof is vested in: DALE C. PUGH, PATRICIA L WATERS, RICHARD R. CULLEN, JR., and NEIL R. CULLEN, equally, as tenants in common, as to an undivided 1/2 interest and VERNON SIMMEN, as to an undivided 1/2 interest The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1992- 1993, a lien not yet due or payable. 2. TAXES for the fiscal year 1991-1992 1st Installment $100.84, paid 2nd Installment $100.84, unpaid Land $3,196.00 Improvements $-0- Personal Property $-0- Exemption $-0- A. P. No. 558-01-019 Code Area 72-001 3. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. The fact that the marital status of DALE C. PUGH, PATRICIA L WATERS, RICHARD R. CULLEN, JR., and NEIL R. CULLEN, equally, as tenants in common, as to an undivided 1/2 interest and VERNON SIMMEN, as to an undivided 1/2 interest, the vestees herein are not shown of record. 5. LACK OF RECORD ACCESS to any public street or highway. FIRST AMERICAN TITLE EXHIBIT PTA-2 Order No. 555582 Page 3 6. NOTWITHSTANDING THE EXCLUSIONS from coverage as set forth under 'Exclusions', any ALTA Residential Owner's Policy issued by First American title on the herein described land shall contain in Schedule B, Part I, the following exclusion(s) from coverage: a) Any rights, interests or claims of parties in possession of the land not shown by the public records. b) Any easement or liens not shown by the public records. This does not limit the lien coverage in Item 8 of covered title risks. c) Any facts about the land which an inspection or survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of covered title risks. d) Any water rights or claims to water in or under the land. NOTE: If the above referenced items (which convert the policy coverage contemplated herein to standard coverage) or an ALTA Standard coverage policy are not acceptable, please contact your escrow officer. F FIRST AMERICAN TITLE L —` 0ff PTR•2 Order No. 555582 Page 4 INFORMATIONAL NOTES: A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: GRANT DEED From RICHARD R. CULLEN, SR., trustee under testamentary trust created by will of EVELYN CULLEN, deceased, admitted to probate in San Mateo Superior Court No. 35139 To DALE C. PUGH, PATRICIA L. WATERS, RICHARD R. CULLEN, JR., and NEIL R. CULLEN, equally, as tenants in common, as to an undivided 1/2 interest and VERNON SIMMEN, as to an undivided 1/2 interest Recorded June 18, 1991 in Book L753, page 1980, Official Records. B) SHORT TERM rate does not apply. Current vestees; were not insured during the previous 5 years. C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. D) No buyer run made (not furnished with order). E) SALE of said land is subject to the County of Santa Clara Transfer Tax of$1.10 per thousand based on equity transferred. FIRST AMERICAN TITLE EXHINT A Facie � °®11 !Q:— Order No. 555582 Page 5 LEGAL DESCRIPTION REAL PROPERTY in the Unincorporated Area, County of Santa Clara, State of California, described as follows: AJI of that East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 23, S 9 S. R. 1 W., M.D.M., and lying Easterly of the center line of a small creek or ravine, said center line of a small creek of ravine being the Easterly line of that certain parcel of land described in the Deed from James C. Gray et ux to Clara Landon wife of Reman Landon, dated February 2, 1904, recorded February 2, 1904, in Book 276 of Deeds, page 186, together with those rights conveyed in the Deed from Frederick Simmen to Emily J. Simmen, his wife, dated May 12, 1925, recorded December 31, 1932, in Book 635 Official Records, page 420, as follows: together with all water and water rights connected therewith. APN: 558-01-019 x FIRST AMERICAN TITLE EXHIBIT Wage, of OFaICE OF COUNTY ASSESSOR' SANTA CL A R A COUN TY, CALIF ORN IA . l I B O O c P ♦ G E 558 �!J TOWNSHIP 9 SOUTH •• 'RANGE I WEST -� I.. 400' e AMMENOED MAP NP63 6/I5 �J 14 13 1 S M w LOT 135 .,7AC !R OOAC. �000_C. 7900 AC. 59 2S AC ~�a9 - �Cr � \\py•\ �� MIDPENINSUTA REGIONAL IT I /4� �•�._ d OPEN SPAC E DIST. 46 SEAR tee_ RD, tee• 29 oonc. B N --I �•,•' _ •_!1 33.9ZAC. S6. pt - .•''... .`� _ _•I ' ' ao .? \ �•� S.J.WW LOT I53 •;'. - ,2 .. ,.1. ' _fa ea • — S J'a' w LOT 60 A+� pC 10 •OOAC. a y y f1 .t / .� /9 1159AC. 377 MAP95 paor I R 0 S.IJ/IJ J erO �l Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-93 Meeting 92-20 August 26 , 1992 AGENDA ITEM Agreement with City of Mountain View to Provide Dispatch Services GENERAL MANAGER ' S RECOMMENDATION ��� .. " 1) Authorize the general manager to enter into an agreement with the City of Mountain View to provide the District ' s twenty-four hour radio dispatch services . 2) Authorize the general manager to approve expenditures for radio system start-up costs of approximately $21 , 000 . Discussion: In May of 1990 , Santa Clara County Parks and Recreation Department notified the District of its interest to end the long- standing common use of the county parks radio frequency. Given the growth experienced by both organizations , county parks questioned whether one frequency could effectively meet the needs of both organizations . Subsequent negotiations resulted in an agreement granting the District a two-year extension on the use of the county parks frequency. This agreement expires December 14 , 1992 . Staff began investigating options for a new District radio system before finalizing the two-year extension. Working with a consultant , staff secured use of a pair of frequencies through cooperative agreements with East Bay Regional Park District and the California Department of Water Resources . Vehicle and hand held radios were purchased and programmed on the existing county frequencies as well as the new District frequencies . Access to three mountain-top communication facilities has been secured for the necessary repeater stations . Staff anticipates that all three repeaters will be operational by the end of the year. . The District must establish 24-hour dispatch services on the new frequency pair before placing the new system in operation as our primary radio channel . Radio dispatch services provide for a number of critical employee and public safety needs . A reliable radio system and dispatch service is essential to employees performing law enforcement duties alone in remote areas . The key functions of a dispatch service are listed below. ■ Monitor and log the location and daily activities of each ranger (status keeping) 201 San Antonio Circle,Suite C-135 . Mountain View,California 94040 - Phone:(415)949-5500 ° FAX:(415)949-5679 Genera(Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-93 Page 2 ■ Maintain immediate and continuous communication with rangers involved in law enforcement contacts and provide dispatch assistance when needed ■ 24-hour telephone assistance for reporting District-related emergencies ■ Access to Department of Motor Vehicles and criminal justice computerized record systems ■ Emergency dispatch coordination of police , fire, and other public safety agencies for incidents on District lands ■ Relay of emergency messages by telephone ■ Source of area-wide public safety information Dispatch Service Alternatives Staff ' s initial effort to secure dispatch services focused on continuing our existing agreement with Santa Clara County Communications . The current level of service and the county' s ability to maintain at least the same level of service on a new frequency was of concern to staff . This also provided the opportunity to explore other alternatives . Our radio system consultant, Robert Kelty, recommended that the District consider the City of Mountain View for providing dispatch services . In his opinion, Mountain View operates one of the finest communications centers in the Bay Area . At our request, the City of Mountain View submitted a written proposal . The county and city proposals have several key differences that are explained below. See Appendix A for a comparison of services and cost . 1 . F_quipMent__qost The county estimate includes only the cost of the radio and the remote transmitter, which would be located above one of the dispatch work stations . The city proposal would integrate the remote transmitter into each of four work stations . The county is planning to purchase new work stations sometime in 1993 , at which time our frequency would be integrated into one or more work stations . 2 . Data Entry, Full computerization of the county communica- tions center is not currently scheduled. The city is fully computerized now. Several weeks of city staff time would be required to enter District site information into the city' s computer. This cost could be significantly reduced if District staff assists with the data entry. Computer- assisted dispatching may help the effectiveness of dispatchers who are unfamiliar with District land. 3 . Announciater Microphone County staff has recommended using an announciater microphone . This device allows a ranger in the field to activate the volume control at the communications center . It permits a dispatcher to monitor more frequencies without missing the emergency needs on any single frequency. Using the device would require a $200 . 00 modification to each existing and new radio the District purchases . The city ' s dispatchers would monitor all radio traffic on the District ' s frequency; therefore, no modification of equipment would be required. R-92-93 Page 3 4 . Annual Cost The county has developed a system of measuring radio traffic that has increased the District ' s annual costs by about $500 , for an estimated total of $8 , 000 this year. The city would base its annual charges on the District public safety calls as a proportion of total salary and benefits cost for dispatchers and the dispatch supervisor. The $10 , 541 annual cost is based on staff estimates of activity during the past year. City representatives view this amount as the minimum charge , even if actual activity was less . The $10 , 541 estimate represents 1 . 89% of the annual salary and benefit costs for dispatchers and supervisors . 5. pj§_patcher_Training There is no provision in our current agreement for field training of county dispatchers . It would be cost prohibitive to offer annual field training to the county' s dispatch work force of 65 to 80 employees . The City of Mountain View will insist on a minimum of four hours of field training annually for each of their 12 to 15 dispatch employees . Annual field training for dispatchers will increase their knowledge and understanding of the District , resulting in better service . 6 . Status Keeping Status keeping is the monitoring of each unit ' s location and activity. The District ' s operations secretary currently performs status keeping duties during regular business hours . This sometimes presents a problem when the secretary needs to be away from her work area. County staff feels that taking on this responsibility would significantly increase the cost of services . The city' s dispatchers would perform all status keeping. Summate Santa Clara County Communications has provided dispatch services to the District since its inception. Unfortunately, the county is finding it increasingly difficult to provide the District with a level of service consistent with our needs . County staff admits that heavy workloads on multiple frequencies make it difficult to assure that calls for emergency assistance will be responded to immediately. The City of Mountain View has made a proposal that is responsive to our specific dispatch needs . Staff is confident that the city can provide the level of service outlined in the proposal . The city' s communications center is within two miles of the District ' s main office , which makes meeting to resolve any problems easier . The city is willing to provide all status keeping responsibilities . This will approximately double the weekly hours of status keeping now provided by the county. Reliable radio dispatch services are critically important to our employee and public safety needs . The City of Mountain View proposal will cost the District approximately $5 , 000 more a year . The added cost reflects beneficial services that the county R-92-93 Page 4 cannot provide . Staff views the city ' s proposal as a tremendous opportunity to improve the District ' s dispatch services . Start-up costs for dispatch services are fully funded in this year ' s budget . The annual cost increase associated with the City of Mountain View proposal is not specifically funded. However, the city dispatch service fees will not actually begin until the last quarter of the District ' s fiscal year . Staff anticipates the additional $1 , 000 to $1 , 500 required to fund the change in the last quarter can be funded from the existing contract services budget . Prepared by: John Escobar , Operations Manager Carleen Bruins , Visitor Services Supervisor David Topley, Support Services Supervisor Contact Person: John Escobar , Operations Manager APPENDIX A t,."yIO DISPATCHING PROPOSALS Initial Cost County of Santa Clara City of Mt. View Equipment Rack mounted Rack mounted Cost Radio & remote 4 complete consoles $5, 000 $10, 000 no written quote District pays all Not in main console modification costs Installation $2 , 000? $3 , 625 Cost Initial data 0 (CAD system several $5,414; entry years off) Substantially reduced if our employees input. Training 0 $1,846 Announciater Required $200 + per field Not required Microphone radio. $10, 000 - $12, 000 Increase cost of future radios $200 each Estimated TOTAL $19, 000 $20885 start-Upj, cost Annual Costs County of Santa Clara City of Mt. View Annual Cost $8 , 000; Based on $10, 541; Based on activity units estimated number of calls as a percentage of salary cost (dispatchers and supervisor) Dispatcher No charge $1,716; 4 field Training No field hours hours each 65-80 dispatchers dispatcher, 12-15 people annually Status Keeping 54 hours 98 Hours (Average hours weekly) No status keeping Provides for status M-F 8: 30 AM - 5: 00 PM, keeping during all Operations secretary must patrol shifts cover Maintenance In-house technical District contract services, unsure if cost directly with associated provider, $0 - $500 Estimated TOTAL $8, 000 $12,887 Annual Cost Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-94 Meeting 92-20 August 26 , 1992 AGENDA ITEM Gift Policies GENERAL MANAGER ' S RECOMMENDATION Review and comment on the attached drafts of the Site Naming and Gift Recognition Policies , Gift Recognition Schedule , and Commemorative Giving Program. No further action is recommended at this time . Discussion: During the past year , the number of requests to place memorial benches on District preserves has increased. Staff has been investigating possible ways to handle the demand. The District has kept amenities such as picnic tables and benches to a minimum. The focus of preserve development projects has been trails and access to open space . Accordingly, the District should seek gifts and contributions that will help achieve these goals . Staff suggests developing a comprehensive plan that specifies the location and number of benches and tables in designated preserves . This would enable us to accommodate bench donors as well as ensure that we put benches where they are needed. Peninsula Open Space Trust (POST) has expressed an interest in developing a cooperative gifts program with the District . POST offered to handle memorial and commemorative gift inquiries for the District . Both POST and District staff recognize the need to be sensitive to donors ' wishes . It is also important that gifts we receive meet District needs . After several meetings with POST representatives , staff prepared draft gift recognition guidelines (see attached exhibits A, B, and C) . POST staff prepared the attached working paper for a commemorative giving program (see exhibit D) . The following suggestions were generated at our meetings with POST staff : ■ Consider the site capacity for benches . Donations should cover cost and maintenance of bench. Contributions cover the life of the bench; District will not pay to replace it . ■ Gifts should not be limited to memorials . ■ To name a trail after a donor , donation should be at least 50% of the project cost . Determine a minimum amount , such as one mile . 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 R-92-94 Page 2 ■ Dollar amounts should be set for various contributions (i . e . one mile of trail - $20 , 000 ; bench - $5, 000) . ■ Consider an endowment fund for trail maintenance or construction. One of POST' s objectives , which staff supports , is finding ways other than plaques and benches to thank donors . Although POST' s working paper provides some benefits to the District, it does not fully address the District ' s needs . The proposal includes a suggestion to develop a capital projects gift list . This is a good idea for donations of $10, 000 or more , but it does not accommodate smaller donations . District staff would like to integrate POST' s creative ideas into a gifts program that works for both organizations . The attached exhibits are designed to stimulate discussion and show the variety of possibilities for a gifts program. POST has provided some information about other organizations ' gifts programs (see attached exhibit E) . The District needs a revised gifts policy as soon as possible . Our current gift recognition policies are attached (see exhibit F) . Staff has put most of the requests for memorial benches on hold until the Board adopts a new policy. Your ideas on this issue will help staff develop a new gifts program for your approval . Audrey Rust, POST' s executive director, will be available to answer questions at your August 26 meeting. Prepared by: Carleen Bruins , Visitor Services Supervisor Contact : Same as above EXHIBIT A DRAFT Site Naming and Gift Recognition Policies NAMIN All District site names and signs should be kept as simple and functional as possible. When a property is acquired, a name for the parcel(s) will be recommended for Board approval in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the Comprehensive Use and Management Plan review. With Board approval, trails, use areas, and other features may be named in acknowledgement of gifts totaling $25,000 or more. Gift and memorial recognition should be incorporated on standard informational signs or on District brochures and maps. Memorial plaques that are not part of the District's standard informational signs shall be discouraged. A. QjNn Space Preserve The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Property additions to an open space preserve may not be contiguous. These additions, regardless of whether they are contiguous, may or may not have the same name. 1. Recommended names: a) geographical features of broad, general significance b) historical persons, uses, or events broadly associated with the area 2. Non-recommended names: a) living or recently deceased District Board and staff members or other individuals b) designations that are too general B. Trails, Use Areas, and Other Topographical Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas, and portions of open space preserves. 1. Recommended names: a) geographical,.botanical, or zoological identification b) historical persons, uses, owners, and events associated with the location c) donor or donor-designated, in recognition of cash gifts of$25,000 or more d) honorary or memorial, to recognize specific individuals or groups making a contribution equivalent to $25,000 or more 2. Non-recommended names: a) District Board or staff members, living or deceased, except when considered two years after death or five years after retirement from the District 1/92 EXHIBIT B DRAFT GIFT RECOGNITION SCHED LE In order to give appropriate recognition to those who make gifts for the preservation of open space, the Midpeninsula Regional Open Space Board of Directors has authorized the following tangible expressions of appreciation for various levels of giving: $25 and u Letter of appreciation $500 or more Resolution of appreciation from the Board of Directors in certificate form $1,000 or more Name prominently displayed on donor plaque in the District office. This level of gift may reflect memorial tribute if desired by the donor. $5,000 or more A six inch square plaque may be installed on a trailhead sign or bridge. A donation at this level will provide approximately a half-mile of trail. $10,000 or more One mile of trail may be named as a memorial or in recognition of the donor. OR A half-mile section of trail may be dedicated, including a bench or picnic table with a plaque to be maintained by the District for a maximum of ten years. $25,000 or more At the discretion of the Board of Directors, various open space use areas or topographical features (e.g., picnic, camping or rest areas, lookout points, or trails) may be named in recognition of generous gifts. A gift at this level will provide approximately two miles of trail. Substantial Gifts of Land At the discretion of the Board of Directors, various open space areas, use areas, or topographical features may be named in recognition of especially generous gifts of real property. EXHIBIT C Draft GUIDELINES FOR WORDING RECOGNITION SIGNS AND PLAQUES Memorial: IN MEMORY OF JOHN SMITH General: IN RECOGNITION OF JOHN SMITH'S CONTRIBUTION TO OPEN SPACE IN RECOGNITION OF CONSERVATION EFFORTS MADE BY JOHN SMITH Specific: TRAIL DONORS IN RECOGNITION OF THE "TRAILS FOR EVERYBODY" PROJECT AND JOHN SMITH'S CONTRIBUTION TO OPEN SPACE ACCESS (A PORTION OF) THIS TRAIL MADE POSSIBLE BY BRIDGE DONORS EXHIBIT b i i PENINSULA OPEN SPACE TRUST Working Paper: Commemorative Giving Program POST seeks to work with MROSD in creating a commemorative giving program that meets the following objectives: • Responds to donors' inquiries, gifts, and wishes in timely, appropriate, and sensitive fashion. • Creates opportunities for donors to contribute to multi-leveled, capital and non-capital projects that are of interest to and benefit to POST and MROSD. • Inspires increased funds for open space protection. POST will handle all inquiries, donor relations and gifts. MROSD will work with POST to establish District needs for capital improvements. These capital improvement needs will be identified on an annual basis and will remain open to the memorial program for that lenght of time. Possible Program Elements I. Projects that could be funded with commemorative gifts A. Memorial groves B. Land acquisition projects C. Named funds for restricted or unrestricted purposes (ie: John E. Jones Windy Hill Fund, Mary D. Smith Fund for Open Space Protection, Lenoard F. Crispen Fund, Donald C. Manly Trail Improvement Fund) D. Designated capital improvements (ie. benches, bridges, trails, staging areas) E. Publications F. Interpretive materials, signage II. Recognition Devices A. Donor Plaques/Honor Roll/Names on documents B. Listing in POST's Annual Report C. Special book created listing commemorative donors and donees D. Certificate of appreciation and recognition E. Photo of grove or land purchased with commemorative funds F. Maps/brochure of land that has been purchased G. Special books/trail maps/gift note cards that are sent to family of deceased or family of person honored Commemorative Ong Programjanuary 15, 1992 2 S. Special area set aside for contemplation (no plaques, can be used by everyone.) 111. Special Program - in honor of children A. Children's Fund - a special fund that people could donate to in honor of their children. Monies could be used to purchase a piece of property that families could visit B. Restrict the proceeds from POST's Kite Event ( an annual event sponsored by POST) to the Children's Fund C. Create additional opportunities for people to contribute to the Children's Fund: • Birthdays • Graduations • Christmas IV. Publicizing/Information A. POST creates brochure that will describe program; can be used to respond to inquiries and for use by families with friends and relatives B. Information and articles in Landscapes, newspapers, special mailing C. Information disseminated by MROSD through responsed to calls. Peninsula Open Space Trust Memorial/Commemorative Giving Program August 12, 1992 Working Paper: MEMORIALS: POST would select four or five areas on the Peninsula to be designated as Memorial Groves. These areas would provide benches for both children and adults. Special cards would be developed to depict each location. Locations might include areas such as Pescadero Marsh, Skyline, Windy Hill, and No Name Gulch in Saratoga. Level 1,$1-$4,999 Acknowledgement: • Memorial Grove card with map and open space preservation message for donor and family of deceased. Public Announcement: Newsletter: • Deceased's name listed in "living memory" in quarterly newsletter. • Note the names as recently deceased and those who are being remembered with memorial gifts on the anniversary of death. • Note memorial gift information is available through POST. • New Donors to POST through Memorial Gift: • Send a POST information packet some weeks after acknowledgement. • Enclose a Memorial Giving brochure with each packet. Memorials $5K, Level II Same as above, plus: • Framed, hand printed copy of black and white photograph of Memorial Grove to be given to the family of deceased and Level H donors with an inscription on the back of the photo. • Name of deceased entered in an open space memorial book to be kept in a special place. Memorials $10K, Level III Same as above, plus: • Dignified list of needed capital projects which will be "gift opportunities" and can be shared with Level III memorial donors. Presented as a general gift need and not simply memorial. • Continue to stress open space preservation, not physical items as a way to honor the memory of someone. COMMEMORATIVE GENERAL Commemoratives Level I Acknowledgement: Seasonaland other occasional cards to be introduced • Card with photo sent to honoree and to donor w/personal calligraphied note. • Calendar of events. • Map of open space aresa to visit. • List donor name, amount, and by whom. • With the idea of using four to six Set up project of the year w/cards to match. • Commemorative donors who are new to POST should receive POST introduction packet some weeks after acknowledgement. Commemoratives $5K Level II Same as above and same as memorials Commemoratives $10K Level III Same as memorials Donations placed in a Land Trust Fund BIRTHDAYS/SPECIAL OCCASIONS Birthdays Level I Acknowledgement: A line of Birthday cards including children's. • Special birthday card: "Take a hike... with map and instructions. • Annual Picnic?...Earth Day Birthday Anniversary tree planting, one in each location. • Develop picture cards w/different location and Holiday cards or gifts • Commemorative donors who are new donors to POST receive POST introduction packet some weeks after an acknowledgement has been sent. Birthdays $1K Level II Same as above Birthdays $5K Level III • Capital project with a gift opportunity to be placed in a Land Trust Fund. CHILDREN'S BIRTHDAYS Acknowledgement: • Special Children's grove • Child's Bench • Information about open space for children with crayons and un-colored,un- lined drawing card they could color in. • Commemorative donors who are new donors to POST receive POST introduction packet some weeks after an acknowledgement has been sent. Funds: A. Children's Fund - a special fund that people could donate to in honor of GIFT RECOGNITION SCHEDULE SUPP=.E-NT Under $100 in cash. . . . . . . . . . . . . . . . . .Letter of Appreciation Personal property gifts . . . . . . . . . . . . .Gifts for specific District projects or gifts of personal property will be encouraged and recognized appropriately at their equivalent monetary value. Note: Specific donor designated improvements must be consistent with the site use and management plan for a particular preserve or be specifically approved by the Board of Directors . Professional services and volunteers . . . . . . . . . . . . . . . . . . . . . . . .Resolution of appreciation from Board of Directors . Extraordinary Voluntary Efforts. . . . .At the discretion of the Board of Directors . Sub- stantial donations of time for specific projects may be recognized appropriately at their equivalent monetary value. -4- their children. Monies could be used to purchase a piece of property that families could visit. B. Restrict the proceeds from POST's Kite Event ( an annual event sponsored by POST) to the Children's Fund C. Create additional opportunities for people to contribute to the Children's Fund such as the birthdays, graduations and Holidays EXHIBIT E TO: Creative Committee From: Gretchen RE: Memorial/Commemorative Giving Program Date: July 7, 1992 I thought it might be useful to know what some of other organizations are doing with their Commemorative/ Memorial Programs so I checked in with the following groups and here is what they currently are doing. Sonoma Land Trust: • Re-forestation program on burned land. Pretty well completed. • Restoration of habitats. Levels of giving range from a Tier 1, "bunch grass"to a Tier III,"preserving mountain lions." Sempervirens: Big Basin and Castle Rock State Parks • Minimum gift is $200. • Gift of trees ranges from $200 to $1,500 depending on the size of the tree • Dedication of groves size has been adjusted to 2 1/2 and five acres at the $10,000 level. Donnors receive a photo of the grove • Sponsoring a Redwood grove $10,000. premium. • Sponsoring a Woodland grove is $5,000 Save the Redwoods: • Gifts of Memorial Groves range from $20,000 up, and go into the Redwood LandPurchase Fund to a designated grove. Payment may be made over a three year period or by bequest. Most groves accessible by foot and require a walk of two miles or more. The groves are a part of the State Park system. There are still groves available for naming . Coyote Point Museum: • Cards only, money goes into endowment fund. Nature Conservancy: • Other than cards they have nothing innovative. All their Memorial/Commemorative gifts generally go to operating costs. Six months ago they introduced a coupon in their newsletter which is a memorial remit opportunity. Supersedes M-75-152 V EXHIBIT F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Site Naming and Gift Recognition Policies Adopted By Board of Directors February 8 , 1978 Discussion: All District names (and signs ) should be kept as simple and functional as possible. At the time of acquisition the Preacquisition Report will indicate a temporary name for the parcel(s ) . At the time the Site Use and Tqanagement Plan is nre- sented, an open space preserve name will also be recommended .for Board approval . In almost all cases "open space preserve" is appropriate as part of the name; however, there may be circum- stances when another designation may be used. In some cases a temporary name may be retained until the next review. Upon approval of the Site Use and 71anarrement Plan other names indi- cated on the report man will also be officially recognized for District public us-e . in recognition of gifts , names"of trails, use areas and other features will be added with Board anuroval as outlined in the Gift Recognition Schedule and Supplement (attached) . Nonfunctional memorial plaques shall be discouraged, but rather gift and memorial names should be incorporated on functional signs or on the District brochures and maps . Large geographical units called planning areas will be determined by staff and designated by number on a map for staff and Board use in the planning and review process . No Board involvement or decision is necessary. Naming: Following are recommended and non-recommended names : A. Open Space Preserve . This designation is applied in general to acquisitions of the District . The name applied to each ,open space -preserve should be general enough to remain suit- able if the site is enlarged, but specific enough to give its location some significance . Each planning area may contain one or more open space preserves . Additions to an open space preserve need not be contiguous , but at the same time con- tiguous parcels need not have the same preserve name . In the case of contiguous preserves former parcel lines need not be maintained but rather a functional map designation shall be used for planning and identification purposes . 1. Recommended names : (a) Geographical features of broad, general significance. (b) Historical persons, uses or events broadly associated with the area. 2. Non-recommended names : (a) Living or recently deceased individuals. (b) Designations which are too general . (c) Present or former Board of staff members of the District, living or deceased. B. Trails, Use Areas and Topographical Features. This designation refers to specific locations, land formations , trails, natural and physical features, staging areas and portions of open space preserves . 1 . Recommended names : (a) Geographical , botanical or zoological identification. (b) Historical persons, uses, owners and events associated with the location. (c) Donor or donor designated--to indicate District appreciation for gifts of real property, personal property or money, as outlined in the Gift Recognition Schedule and Supplement. (d) Honorary or memorial - honor specific individuals or groups . 2. Non-recommended names : (a) Board or staff members of the District, living or deceased, except when considered two years after death or five years after retirement from District services . Recommendation: It is recommended that the Board adopt the above proposed policies regarding site naming. It is also recommended that the Board adopt the attached Gift Recognition Schedule and Supplement. -2- GIFT RECOGNITION SCHEDULE In order to give appropriate recognition to those who make gifts for the preservation of open space, the Midpeninsula Regional Open Space District Board of Directors has authorized the following' tangible expressions of appreciation for various levels of giving: $100 and over. . . . . . . . . . . . . . . . . . . . . .Resolution of Appreciation from the Board of Directors in certificate form. $500 and over. . . . . . . . . . . . . . . . . . . . . .Name prominently displayed on donor plaque in the District office (this level of gift may reflect memorial tribute if desired by the donor) . $1 ,000 and over. . . . . . . . . . . . . . . . . . . . . .Appropriate named recognition near the site of a trail or use area. $5,000 and over. . . . . . . . . . . . . . . . . . . . . .A complete trail or trail section may be named. A $5,000 gift will dedicate one mile of trail. $25 , 000 and over. . . . . . . . . . . . . . . . . . . . .At the discretion of the Board of Directors , various open space use areas or topographical features (e.g. , picnic, camping or rest areas, lookout points) may be named in recognition of generous gifts. Substantial Gifts of Land. . . . . . . . . . . .At the discretion of the Board of Directors, various open space areas, use areas or topographical features may be named in recogni- tion of especially generous gifts of real property. -3- GIFT RECOGNITION SCHEDULE SUPPLEMENT Under $100 in cash. . . . . . . . . . . . . . . . . .Letter of Appreciation Personal property gifts. . . . . . . . . . . . .Gifts for specific District projects or gifts of personal property will be encouraged and recognized appropriately at their equivalent monetary value. Note: Specific donor designated improvements must be consistent with the site use and management plan for a particular preserve or be specifically approved by the Board of Directors . Professional services and volunteers . . . . . . . . . . . . . . . . . . . . . . . .Resolution of appreciation from Board of Directors. Extraordinary Voluntary Efforts. . . . .At the discretion of the Board of Directors. Sub- stantial donations of time for specific projects may be recognized appropriately at their equivalent monetary value. -4- Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-94 Meeting 92-20 August 26, 1992 AGENDA ITEM September Board Meeting Schedule GENERAL MANAGER'S RECOMMENDATION 1. Schedule a Special Meeting for Wednesday, September 2 , 1992 beginning at 5:00 P.M. at the District office (330 Distel Circle, Los Altos) for the purpose of holding a closed personnel session to discuss the classification, salary, and fringe benefit study being conducted by Ralph Andersen and Associates. 2 . Cancel September 9 regular meeting. Discussion: At your August 12 meeting, Mr. Doug Johnson from Ralph Andersen and Associates of Sacramento reviewed in general the classification, salary, and fringe benefit study being conducted by the firm for the District. The Board requested a special closed session meeting with Mr. Johnson to review the study, and you selected Wednesday, September 2 as the meeting date. I am recommending that you cancel the September 9 Regular Meeting in order to allow staff adequate time to get settled in the remodeled office building at 330 Distel Circle, Los Altos. We will officially be occupying the building as of Monday, August 31, 1992 . 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-96 Meeting 92-20 August 26 , 1992 AGENDA- TTEM, Authorization to Solicit Bids for Repairs to the Spillway at Sausal Darn. on Windy Hill Open Space Preserve GENERAL MANAGER ' S RECOMMENDATTON 1 . Authorize staff to advertise for bids to reconstruct the spillway at Sausal Dam on Windy Hill Open Space Preserve Discussion : The spillway at Sausal Dan) on Windy Hill Open Space Preserve needs to be rebuilt . Staff considers this an emergency project . The dam and spillway are estimated to have been built in the early 1900 ' s . While the dam, is in fine shape , the spillway has eroded to the point that it is no longer useable . Last winter the pond was kept at an artificially low level through the use of siphons to draw the water level, down . Under normal winter conditions , it is probable that the siphon system, would not be adequate to draw the water levels down enough and water flow over the spillway would result . A significant amount of water over the spillway could cause further erosion and could damage the integrity of the darn.. Staff has contracted with a geotechnical engineer to design a new spillway. The plans are complete and have been submitted to the town for review and approval . The engineer ' s estimate on the project is $35 , 000 . 00 . The project was listed as a line item in this fiscal year ' s budget . Staff would like to begin the construction process as soon as possible in order to avoid winter delays . Staff will return to you for authorization to enter into contract once bids are received and evaluated. An analysis of the bids and budget for the project will be presented to you when we return to you for authorization to enter into contract . Prepared by: Mary Gundert , Open Space Planner Contact : 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-92-97 Meeting 92-20 August 26, 1992 AGENDA ITEM Budget for Architect's Fees for 330 Distel Remodel GENERAL MANAGER' S RECOMMENDATION Approve an increase in the fees for architectural services of $25, 000. Discussion• At your January 22, 1992 meeting, you approved a $7, 000 increase in the budget for architectural services for the remodel of the new District headquarters building at 330 Distel Circle, Los Altos (see report R-92-06) . The total budget was increased from $78, 000 to $85, 000. That approval took place prior to financial failure of the project contractor, ROMA Construction Corporation. As a result of ROMA's failure and the occupancy date and construction being extended from April 1, 1992 to September 1, 1992 (5 months) , additional architectural services have been and will be required. Currently these services have included additional site inspections, contractor meetings, resolution of design problems, change orders and general project assistance. After the construction is completed, there will be the need for punch list assistance and documentation for claims related to the bonding aspects of the project. To date, we have paid $89, 000 and there is an additional $6, 264 . 93 on tonight's claims list. This additional authorization would provide a remaining $14, 000 for the final architectural services. It is currently anticipated that all of the additional services resulting from the ROMA failure will be recovered from the bonding company as a part of actual damages, liquidated damages, or litigation. Prepared by: L. Craig Britton, Assistant 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-92-98 Meeting 92-20 August 26 , 1992 AGENDA ITEM Proposed Building Demolition at the Former White et al . Property in the Cathedral Oaks Area of Sierra Azul Open Space Preserve GENERAL MANAGER ' S RECOMMENDATION Authorize staff to proceed with the demolition of the main house and surrounding buildings at the former White et al . property in the Cathedral Oaks Area of Sierra Azul Open Space Preserve . DISCUSSION At your meeting of January 22 , 1992 (see report R-92-13) , you authorized acceptance of the purchase agreement for the proposed addition of White et al . property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve . At that meeting you also tentatively adopted the preliminary use and management recommendations for the property. Escrow on the property closed on February 4 , 1992 . Final adoption of the preliminary use and management recommendations occurred at your meeting of February 26 , 1992 (see report R-92-24) . The use and management recommendations included evaluating the condition of the buildings located on the property to determine if they should be demolished. A single story, two bedroom, two bath house is located in the center of the property. The house has a Notice of Building Code Violation recorded against it . A barn, corral , and cabin , all in poor condition , are also located on the property. Staff hired a building inspection company to perform a detailed inspection of the main house. The inspection report indicated that the house would require extensive repairs to the roof , foundation, front porch, and the interior floors and subfloors . In addition to making these repairs , the report recommended painting the exterior, installing ceiling insulation, repairing water leaks , clearing clogged drains , installing a step to the kitchen exterior door, and repairing electrical defects . Based on the building inspection company ' s report and a field inspection by staff , it is recommended that the main house and surrounding buildings be demolished and all debris removed from the site . Demolition costs are estimated at $20 , 000 . 201 San Antonio Circle,Suite C-135 m Mountain View,California 94040 6 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-92-92 Paco This year ' s budget includes $135 , 000 for demolition ana other site preparation projects . Approximately $10 , 000 has been spent on the demolition of the former Winkle cabin at La Honda Creek , There is currently $125 , 000 remaining in the budget . Other site preparation projects scheduled for completion this fiscal year include demolition of the Chew and Quane improvements in Sierra Azul Open Space Preserve , clean up of the aump sites at Skyline Ridge and El Corte de Madera Open Space Preserves , and demolition of the sewage treatment plant at Pulgas Ridge Open Space Preserve . Prepared by: Sheryl Mari onin Cochran , Open Space Planner Contact person : Same as above Open Space �m MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-92-04 MEMORANDUM August 20 , 1992 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Bay Area Open Space Council A proposal to fund some of the work of the Bay Area Open Space Council (BAOSC) was fully funded to the tune of $102 , 670 over the next three years. The next informational seminar planned by BAOSC will probably be on the following subjects : (1) Strategies for park and open space protection in the face of agencies ' budget crises . (2) How to obtain trail and open space funds through the new federal Intermodal Surface Transportation Efficiency Act (ISTEA) . 201 San Antonio Circle, Suite C-135 a Mountain View, California 94040 . Phone: (415) 949-5500 w FAX: (415) 949-5679 Genera!Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Dufy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley F 0 P L E E= 0 R 0 P E N S P A C E DRAFT AGENDA MEETING OF PUBLIC OPEN SPACE COUNCIL at The Trust for Public Land �dnesdqy, August 19, 1991 9:15 AM Meeting begins promptly; introductions, agenda 15 min. 1. REPORT ON OPEN SPACE FUNDING NEEDS SURVEY 15 min. 2. REVIEW JULY 16 WORKSHOP RESULTS AND LESSONS (program enclosed) 2 hrs. 3. DISCUSSION OF COUNCIL MISSION AND GENERAL DIRECTION a. Mission statement (enclosed) b. Funding proposal (enclosed) c. ISTEA implementation linxv tf, tip. all toaptber, next steps 10 min. 4. UPDATES AND LIASONS 10 min. 5. NEXT STEPS: Assignments, responsibilities 12:00 PM Adjourn INFORMATION: MAIN OFFICE + 116 Newvtontgornery Suite 640, San Francisco CA 94105 + (415)543-4291 SOUTH OUTH BAY OFFICE + 1922 The Alameda Suite 213, San Jose CA 95126 * (408)983-0539 The Bail Area Keep It Green ROLLING OUT A MASTER PLAN FOR BAY AREA OPEN SPACE J � q: ]),,, _ �. •�� � __ ¢.__�--- "vim A PROPOSAL TO THE VAN LOBEN SELS FOUNDATION JUL1' 1 /, 3 "k `o `o t 2 PEOPLE FOR OPEN SPACE J e 0 3 00000��� A NEW MASTER PLAN FOR OPEN I . THE OPPORTUNITY SPACE A chance to full the Bay Area's historic 'n ublic lands r ublic needs commitment to rovtd: com p g p ,� p The San Francisco Bay Area is blessed with one of the most sublime landscapes in the world. Our home region is an endless sucession of shapely ridgelines plunging into winding valleys surrounded everywhere by magnificent bodies of water: the Pacific Ocean, the Sacramento River and Carquinez.Strait, and of course, San Francisco Bay. One of the main reasons we have come to know the landscape this way—especially its long stretches of beautiful, unspoiled open space—is because many local govern- ments and residents have made a determined effort to protect it. And one of the chief tools in this effort has been open space acquisition. Altogether, according to a special survey done by Greenbelt Alliance, Bay Area public sector agencies and non-profit trusts have bought 870,000 acres of open space, 20 percent of all open land in the region. Because of our foresight in buying these lands—from Angel Island to Tilden Park to the preserves that crown Skyline Ridge,just to name a few—Bay Area residents have benefitted in many ways. We have a wealth of parklands,with their open invitation to leisure, exercise and beauty. We have watershed lands that also serve our recreational needs, but more important, ensure a steady supply of clean,good tasting water. We even have farmlands which, protected by conservation easements,will produce fine foods for local tables for many years to come. But despite this remarkable record of open space preservation,the Bay Area still falls short of its open space needs across the region: • In a number of counties, public open space acreage is small or far removed from where people live and work. For example, in Sonoma County (the Bay Area's POPULATION AND TOURISM IN THE BAY largest), only six percent of the land is in public hands—and of that land,very little AREA ARE SURGING (apart from Annadel Park near Santa Rosa) is accessible to the county's growing UPWARD, PUTTING population. The same holds true for Napa, Solano and southern Santa Clara EVEN GREATER counties. PRESSURES ON OUR Pupuiatiun pressures are increasing dramatically on puviic lanes. in 1334, the - - -- �- region's major parks alone (federal,state, and regional) received more than 50 OPEN SPACE. million visitors. Since then, the area's population has grown by another 500,000 -- people to six million total residents and is expected to grow an additional 1.2 million by 2005 —increases that will put greater pressures on existing public lands. It's also important to note that tourism—another major factor in visits to the region's public lands—has boomed over the last decade, bringing in millions of new visitors. • Sensitive buffer lands between regional towns and cities are eroding away at a rapid rate,with fewer open space funds to secure the boundaries around existing urban areas. As a result,we are witnessing is the merging together of our hometowns into one undifferentiated mass of urbanization—not unlike what has happened in Southern California. These mergers are coming closer to reality in places as far- flung as: Sonoma and Marin counties (along Highway 101); eastern Contra Costa 1 1 i A NEW MASTER PLAN FOR OPEN and Alameda counties; Solano County (along Interstate 80) and Santa Clara County SPACE (along Highway 101). • Lands surrounding our existing parks are being converted to incompatible uses. Adjacent logging, quarrying, construction and development is severing wildlife migration routes, altering viewsheds, and polluting local ecosystems. All of these pressures are coming to bear at a time when financial resources to buy land or even maintain current holdings are stretched to the limit. The Marin County Open Space District, for example, is now spending almost all of its$2 million budget on preserve maintenance,while additional strategic Greenbelt purchases along Marin's ridgelines recede further and further into the future. Meanwhile, land values continue to rise, making future purchases increasingly COLLABORATION difficult. In response to a survey sent out this year by Greenbelt Alliance, one county AND A MODEST parks agency,when asked how much money they would need to meet their acquisition INVESTMENT OFFER goal,wrote, "zillions and climbing. We really have no way of providing county funds A LOW-COST, HIGH- for park acquisition." YIELD APPROACH TO PRESERVING THE The same could be said for many of the region's 170 open space agencies and land BAY AREA'S OPEN trusts. Clearly, there's a regional crisis at hand. But there's been no regional response— LANDS. until now. Greenbelt Alliance,working with leaders from the Bay Area's top public and private open space agencies, has developed a process—unique across the United States—to create an action plan for Bay Area open space for the next 20 years. The thrust of the process is to pull together the region's agencies and non-profits in a collaborative effort to define and purchase open.,space properties that are essential to the Bay Area's quality of life. Two years in the making and now run on a shoestring,this enterprise offers a low- cost, high yield public-private partnership to preserve the landscape we all know and love. All that's needed now is a modest multi-year funding commitment to make this partnership come true—and leave the Bay Area's landscape that much better protected. Please come join us in an innovative approach to regional land preservation as we move into the 21 st century. 2 A NEW MASTER PLAN FOR OPEN 11 . THE STRATEGY SPACE A unique public private partnership to create a new master plan for securing critical Bay Area open space WHERE WE ARE TODAY: In the summer of 1990, on the heels of a well-attended International Open Space Conference in Palo Alto,Greenbelt Alliance and leaders of major public and private open space agencies established the Bay Area Open Space Council. This informal, exploratory group—meant to look at the future of the region's open space needs—has operated ever since with a tiny budget ($5,000) supplied by the San Francisco Founda- SELECTED MEMBERS tion and agency contributions, and modest staffsupport provided by Greenbelt Alliance. OF THE BAY AREA The group is not a formally incorporated enterprise; it has no office space, no staff, OPEN SPACE and no formal charter. What it is, however, is different from anything encountered COUNCIL across America: a cross-jurisdictional gathering of leading open space agencies looking to provide leadership and expertise for the permanent protection of remaining open space in the nine county Bay Area- The membership of the council includes leaders from BRIAN o'NEIL.L diverse federal,state, regional, and local agencies. Among its 22 members are the SUPERINTENDENT GOLDEN GATE NATIONAL superintendent of Golden Gate National Recreation Area, the Assistant General Man- RECREATION AREA ager of the East Bay Regional Parks District (the oldest such district in the nation), the HERB DRENCH GENERAL MANAGER Executive Director of the Solano County Farmlands and Open Space Foundation, and M7DPEN7N8ULA REGIONAL OPEN SPACE DISTRICT the General Manager of the Mid-Peninsula Regional Open Space District (see Appendix JANET COBB A). This knowledgable and influential group meets quarterly in all-day workshops on GENERAL ASSISTANT GENNERAL MANAGER key issues and has begun to develop workshops to assist local open space agencies (see EAST BAD REGIONAL PARK DISTRICT the program for the July seminar in Appendix B). RAY MURRAY CHIEF OF PLANNING U.S.NATIONAL PARK SERVICE WHERE WE NEED TO GO TOMORROW: DAVID HANSEN GENERAL MANAGER The council's work has been substantial and is beginning to assume a higher profile SONOMPRESER COUNTY AGRICULTURAL PRESERVATION AND OPEN SPACE in the planning world. However, it now needs to go several steps further, to confront DISTRICT the Bay Area's growing inability to secure needed open space. Specifically, the Open FRAN BRIGMANN PLANNING AND ACOUISITKON Space Council needs to: transform itself from an informal steeringb committee into an MANAGER MARIN COUNTY OPN SPACE on-going, self-sufficient coalition; develop a comprehensive master plan to designate and DISTRICT purchase key open space parcels; identify and help secure resources to support local open A COMPLETE LISTING OF space acquisition and maintenance, and;develop an educational system and tracking COUNCIILPPENDI MBEA IS IN database to determine how the Bay Area is doing in meeting its open space needs. _ Here are the details of how we can launch the effort to meet Bay Area open space needs well into the 21st century: + GOAL 1 : DEVELOP A BAY AREA MASTER PLAN FOR OPEN SPACE - A COLLABORATIVE, LONG-RANGE REGIONAL BUDGET AND ACTION PLAN FOR MEETING PARK AND OTHER PUBLIC OPEN SPACE NEEDS. Tasks: Survey all public agencies to determine current goals and resources, and any shortfalls between the two. Invite public comment on future needs and funding mechanisms. Prepare draft report outlining the composite aims of the public, and solicit recommendations for action strategy. Review and publish final report, and undertake identified actions. 3 A NEW MASTER PLAN FOR OPEN Benefits:The plan,the first of its kind since the regional open space plan released by SPACE the Association of Bay Area Governments (ABAG) in 1970,will:put a detailed rationale before the Bay Area public for investing in new open space acquisition for health, recreation, and planning purposes; help the region's 170 agencies coordinate their financial resources and acquisition plans to maximize the purchasing power of their efforts, and; identify funding sources to bring the plan to fruition. Greenbelt Alliance has found that a small investment in planning can be leveraged into a huge return on investment in terms of dollars for open space. Since 1988,the organiza- tion has turned an investment of about$100,000 in staff time into support for successful funding campaigns that have raised more than$400 million for open space acquisition. That money is expected to secure at least 50,000 acres—an area nearly twice the size of San Francisco. — PLANNING MAKES A • GOAL 2: TRANSFORM THE OPEN SPACE COUNCIL FROM AN AD HOC BIG DIFFERENCE. STEERING COMMITTEE TO SELF-RELIANT ORGANIZATION WITH A LONG- GREENBELT ALLF RANGE AGENDA AND THE CAPABILITY TO CARRY IT OUT. ANCE HAS FOUND Tasks: Develop a formal partnership among the agencies and organizations that see THAT MAKING A the need for the council,gaining their financial and in-kind commitment to support SMALL INVESTMENT it. Build leadership and internal organization structures to support achievement of IN PLANNING AND the council's mission. ADVOCACY — AS Benefits: Developing the current council into a self-reliant coalition will combine LITTLE AS $100,000 the leading open space agencies in the non-profit world and the public sector to -- HAS YIELDED yield a formidable,yet low-cost regional advocate for Bay Area open space acquisi- OVER $400 MILLION tion. It will also act as the primary catalyst for impiementing a new master plan for FOR PUBLIC LAND open space. The 1970 ABAG plan foundered in part because there was no strong PURCHASES regionw•ide coalition behind it. Finally, a permanent council would act as an authoritative and reliable clearinghouse for data on the region's open space and how to acquire and maintain it. • GOAL 3: PROVIDE EDUCATION AND TECHNICAL SUPPORT AIMED AT BUILDING COOPERATION AMONG THE REGION'S 170 PUBLIC OPEN SPACE AGENCIES. Tasks: Bring together key lay and professional leaders of the Bay Area park and open space movement on a regular basis. Assess needs for information and cooperation, .,id uCSign ptugrani . tv 111Ce! ntvM i1Giu�. Benefits: Regular workshops—open to the public—on subjects ranging from acquisition resources to park and watershed maintenance to public access (e.g. for the Bay Area Ridge Trail and the Bay`Frail). Increased communication across jurisdictional borders between public lands officials. (We have learned through the council's formative experience that the sharing of concerns and ideas among offi- cials in different agencies has been fairly infrequent.) • GOAL 4: MAINTAIN AND EXPAND AVAILABLE PUBLIC INFORMATION ON THE BAY AREA'S PUBLIC LANDS. Tasks: Continue to update, improve, and make available Greenbelt Alliance's Public Lands Database (every two years). Develop a comprehensive and graphic directory of all such lands for agency and public distribution. 4 A NEW MASTER PLAN FOR OPEN Benefits: Database will enable agencies to track progress toward implementing SPACE master plan. Regular releases of information will keep public lands a priority issue in the Bay Area. First-of-its-kind comprehensive directory will enable public to increase their use and enjoyment of public lands. TIMELINE FOR ACTION: The timeline for initiating and accomplishing these goals and tasks is expected to be as follows: 1992: Secure foundation support for initial funding Bring in additional staff support for coalition building and plan preparation Begin and complete survey of public and private open space agencies Hold one or two workshops as needed on public lands issues 1993: Begin review of Open Space Council management structure Solicit public input on open space needs Begin preparation of comprehensive directory of Bay Area public lands Prepare draft master plan and circulate for review Hold one or two workshops as needed on public lands issues Finalize new management structure for Open Space Council Transition to agency and in-kind support for re-organized coalition 1994: Release Bay Area open space master plan Develop strategy to implement master plan and begin implementation Release updated and expanded directory to Bay Area public lands Hold one or two workshops as needed 1995: Continue implementation of master plan and clearinghouse activities Make complete transition to self-reliant coalition structure 5 A NEW MASTER PLAN FOR OPEN III . ORGANIZATION RESOURCES SPACE Tapping Fxisting People and Organizations to Get the job Done Quickly and Professionally One of the key advantages of taking on such a major planning and coalition- building project here in the Bay Area—and making sure it achieves maximum results at minimum cost— is that the region has an enormous array of organizational and individual talent and experience on which to draw. This proposal has been designed to fully harness these resources. GREENBEt.T ALLIANCE: The main sponsor of this proposal—Greenbelt Alliance—is the Bay Area's leading regional land conservation organization and has been involved in public Iand acquisition since its inception in 1958. Besides having helped protect more than 500,000 acres in the last decade, Greenbelt Alliance has spearheaded or supported GREENBELT ALLI- successful plans and initiatives to acquire or protect through public means 27,000 acres ANCE AND MEMBERS of open space in Alameda and Contra Costa counties, 100,000 acres in Sonoma County, OF THE OPEN SPACE and thousands of acres in Santa Clara County. In addition,Greenbelt Alliance is a COUNCIL HAVE A leading proponent for establishing new open space authorities in Napa and southern WEALTH OF TALENT Santa Clara Counties. AND EXPERIENCE — The organization has been able to sustain this level of involvement and accomplish- IN PLANNING AND ment because of its: (1) high-quality staff(see appendices for background); (2) commit- COALITION-BUILDING ment to public open lands, as evidenced by its protection efforts, and its six-year effort to — READY TO BE document the extent and volume of these lands, and; (3) ability to build coalitions to TAPPED. achieve desired results (examples include the Bay Area Ridge Trail Council,which is creating a 400 mile trail around the region and the Bay Vision Action Coalition,which is exploring regional governance as an option for the Bay Area). OPEN SPACE AGENCIES: Corn Inr-entinn Cv--e !"It rlli�nr-p'c�a,nrir �c rk,P rlrrtke{,f C)- n Cri?CP Council t.Y ..c' ! i members. `These members represent 20 agencies that together are responsible for acquiring and managing more than 250,000 acres of public lands. They include skilled planners, administrators and acquisition managers (see the appendices for current members of the council). Their combined experience,given the Bay Area's eminence in establishing open space districts and trusts,would be difficult to match anywhere in the United States—and gives this project substantial momentum,just by virtue of its participants' skills and readiness to develop a master plan for Bay Area open space. 6 A NEW MASTER PLAN FOR OPEN IV. BUDGET SPACE Investing in a high powered eomb;nation of non-profit and public sector professionals to get the jab done rapidly and responsibly Creating a master plan to secure the Bay Area's open space for the future requires a total investment of$102,670 over the next three years. Normally,such a project would cost considerably more, but by combining the talents of the Bay Area's leading public open space agencies with those of the region's leading open space non-profit,we expect a short start-up time and very low overhead costs. Here is the specific budget break-out for 1992 through 1994: 1992 1993 1994 Staffing Project Coordinator $12,000 $18,000 $18,000 (33% FTE*) (50%FTE*) (50% FTE*) Executive Director (10 days) $1,500 $1,500 $1,500 Education Director(22 days) $3,300 $3,300 $3,300 Interns $2,500 $3,000 $3,000 Total Staffing $19,300 $25,800 $25,800 Total Benefits/Overhead $5,790 $7,740 $7,740 Direct Costs Printing/Postage $2,500 $3,000 $3,000 Travel $500 $1,000 $500 Total Direct Costs $3,000 $4,000 $3,500 Foundation Contribution $20,000 $10,000 $5,000 Agency/Greenbelt Alliance $8,090 $27,540 $32,040 contributions TOTAL COSTS $28,090 $37,540 $37,040 FTE=fall time equivalent 7 A NEW MASTER PLAN FOR OPEN V. CONCLUSION : OPENING SPACE THE WAY FOR OPEN SPACE The opportunity is here to develop an economically and environmentally sound approach to protect the Bay Area's landscape—and our quality of life In less than 15 years, 1.2 million new residents and hundreds of millions of tourists will pour into the San Francisco Bay Area—and many of those people will take a trip, or many trips, to the Bay Area's public lands. With that kind of pressure looming on the horizon,we in the the Bay Area need to explore how we can preserve and expand our public lands to provide uncrowded recre- ational opportunities, lands to store water, buffers to maintain community identity, and habitat to sustain the region's biological diversity. Now,with the advent of the Bay Area Open Space Council,we have the opportu- nity to achieve those goals by harnessing the combined wisdom and talent base of the region's leading non-profit and public open space agencies. And better yet, in a time of tight budgets,we can meet these goals at a modest cost. Greenbelt Alliance has already realized an enormous return (4,000 percent!) on its investment in promoting collaborative efforts to acquire open space. Imagine what we could accomplish by combining the strengths of all Bay Area open space agencies through a regional master plan. Without a doubt, creating such a plan and carrying it out will require vision. But isn't that what our forebears brought to the task of protecting so many of the open lands WHAT SPECIAL PLACES WILL OUR > ate Park or would cost today to acquire Golden G today? of what it ou we enjoy y y q Point Reyes National Seashore or Tilden Regional Park. Think if it would even be CHILDREN THANK US FOR PRESERVING? possible! Now look ahead 50 years. What special places will our children be thanking us for preserving? Will we have made it possible for future residents of the Bay Area to enjoy the unspoiled landscapes so many of us take for granted today? With a small investment in a new public-private enterprise—no more than $37,000 over three years—we can lay the foundation of such a future. We can preserve the Bay Area's special places. We can earn the gratitude of our children and their children. Please join with Greenbelt Alliance and the Public Open Space Council to roll out an innovative new master plan for open space in the Bay Area—and help sustain this blessed region's quality of life into the 21 st century. 8 r A NEW MASTER FLAN FOR OPEN VI . APPENDICES SPACE GREENBELT ALLIANCE Staff qualifications Notice of authorization from the Board of Directors List of Board and officers IRS 501(c)(3)letter Greenbelt Alliance organizational budget PUBLIC OPEN SPACE COUNCIL Current members Draft vision statement Sample program from open space workshop PUBLIC LANDS DATABASE SUMMARY 9 Open Space x MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Herb Grench, General Manager DATE: August 28, 1992 SUBJECT: F. Y. I. 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 M-92-05 MEMORANDUM August 20 , 1992 TO: Board of Directors and Staff FROM: H. Grench, General Manager SUBJECT: Process for Dealing with Impacts of State Budget Crisis As of today the State Legislature and Governor had not resolved the budget crisis . Our lobbyist , with much written and personal legislative contact support from Directors and me, has been working in cooperation with the East Bay Regional Park District lobbyist to minimize the impact on our districts . In the interim, new hiring, non-essential major services , supplies , and equipment expenditures , and almost all land acquisitions are on hold. If the District receives a reduction of property tax revenue , the Board would ultimately decide upon where this would impact the District ' s budget. The general process I foresee would involve departmental and full-staff brainstorming sessions , financial input from our controller, consideration by the Management Team and, finally, my recommendations to the Board and/or Budget Committee. The process might also include input through the union and/or Employee Steering Committee . The process could take several weeks , and any additional interim expenditure restrictions would depend upon the severity of revenue cuts . 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 August 17 , 1992 Honorable Rebecca Morgan California State Senate Room 4090 State Capitol Sacramento, CA 95814 Dear Becky: I 'd like to elaborate on a point made in our recent correspondence regarding potential property tax reductions . The Board of Directors of the Midpeninsula Regional Open Space District has used its authorized borrowing power very effectively over the years to fund open space acquisition when the land was available for sale and before it was developed. In 1987 , in fact , you supported legislation that increased our borrowing power from four to five years anticipated property tax revenue and extended the maximum term from 10 to 20 years . Based upon projections of continuing tax income under the AB 8 formula , including our "bailout" portion, our public note issues have consistently received the highest ratings assigned to special districts by the rating agencies . The District is currently about $46 million in debt, none of which is covered by a property tax override . This fiscal year, for example , pledged debt service is 58% of all property tax income . Aside from minor net income from rents and leases and interest on temporarily idle funds (as long as we have some ! ) , the District has no regular ongoing revenue sources . Therefore , with just 42% of the District ' s property tax income of a discretionary nature , little additional regular income available , and no viable way of charging user fees , we would have to go into a caretaking mode of an incomplete greenbelt if we suffered more than a very few percent loss in property tax revenue. 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert trench Board of Directors:Katherine Duffy,Robert Mc Kibbi n,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop We greatly appreciate your continuing support and understand the frustration you have been feeling as the Governor and parties in the Legislature have dealt with the budget crisis . With warm regards , Herbert Grench General Manager P . S . I understand the Governor ' s new proposal includes the "Superpot" idea for special districts . Even for single- county districts , I think this is a darned poor idea, but consider our case : this District was voted in by the electorate , was empowered to levy a 10�/$100 maximum tax rate , and has an elected Board of Directors which is responsible to its constituents . Now is my Board ' s responsibility and power to be put into the hands of three counties?? cc : Board of Directors Ralph Heim, SRJ Jackson, Barish & Associates Open Space ----------- ------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 18 , 1992 Mrs . Vernon Pearce 42 Oak Grove Avenue Los Gatos , CA 95032 Dear Mrs . Pearce: Thank you for your letter of July 30 regarding the condition and safety of Jones Trail in the Saint Joseph' s Hill Open Space Preserve . This trail has been the subject of significant concern and attention from the District since we inherited it with the purchase of the property for open space. The terrain makes it difficult to provide and maintain a safe trail , yet the user demand has precluded closing the trail . We have established a zone on this trail in which bicyclists are supposed to walk their bikes . We conduct regular field checks and ongoing maintenance and safety projects to try to keep the trail in good condition. Our field staff will check for the problems you identified. Annette Coleman is the Supervising Ranger for this area . She would be happy to meet you in the field if you would like to clarify the specific locations of concern. She can be reached at (415) 965-3264 . We plan to prepare a use and management plan for this preserve in the next few months that will more completely address the issues related to this trail . Thank you for bringing this situation to our attention. Sincerely, Katherine Duffy Board of Directors KD:kh cc : Board of Directors Trail Committee 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 AUG 0 11992 42 Oak Grove Ave . Los Gatos, Ca. , y5032 Leyond that area, Leyond the Point, where July 30, 1992 the road to the Da.,a becomes very poor later on, it is extremely hard v4ai"-ing. it is 14id-Fenninsula Open Space badly rutted, deeply so, exposing large rocks 201 San Antonio Circle, Lldg.0 Suite 135 everywhere, and imakes waikinL,-, it difficult. Mt. View, Ca. 94040 Our grandson tell three times - it is possibly from bikes, perhaps from the rains, but it is Attn: ,}irs . Gladys Luffy probably the worst piece of trail I've ever been on. Arid i hike frequently many,many trails . Dear itirs . )uI'iy, Actually, at this time, i would say the A friend and 1 walked your trail out of old trail was safer. At least i could navigate .Los Gatos Park on Jones nhoad last hew Years it better, as i knew what to expect at the Day. There was an unprotected spot around a sandy slide and how to get across safely . Lut bend that was very dangerous . The ground on that was just one place . the cliff side was beginning to slide and there was no barrier to stop it as there was at a worry to bother you with this - i did previous spot and no hand rail. phone L.U . Parks 6upt. last Januar,y, but he said it was out of his jurisdiction. Then 1 bikes come by the unprotected spot (it ' s kept l'orgettinE, to phone or write you. I icnovi just past the place with the rail)and tho the you,personaiiy, will get someone to take care rider is supposed to walk the bike around such of this, as this trail has been a great boon blind bends, one out of 6-8 people that day did, to all the co,anunity, and not just f`or us folks only . who live nearby. ,besides the steep drop,unprotected, and Thanz�ing you, i am, with a slide starting, the bike traffic around that blind bend makes it �1 11 ie more dangerous . Sincerely Likers coming from behind, a walker is supposed to stay to the right, and the biker calling "to the left! " , and with a steep drop 1,�J',S . Vern.)n 'C'earce ) there, get me pretty shaky and startled and ifiy instinct is to get to the inside to the left, by the hillside, where it ' s safe ! And this, of course, unnerves the cyclist. PLEASE! Do something about that spot! Give us a railing to cling to at least! i,ly hus- band and I walked up there a week ago with our grandson/ and it ' s still as it was Iew Year' s Day . 7- Adbk low METRO Greens'paces Planning Department 2000 S.W. First Avenue Portland,OR 97201-5398 (503)22-GREEN i l August 1992 The Need to Protect Open Space Metro's adopted population forecast projects that the Portland-Vancouver metropolitan area will grow by over 480,000 people between 1987 and 2010, and growth trends over the last five years support this forecast. More homes and business opportunities will be created to serve anticipated growth. A crucial question is how the communities in our region will work together to plan for, direct, and adjust to the changes brought on by growth. Natural and open space areas form an integral part of the visual setting associated with our metropolitan region, and they support remnant systems of native plant and animal populations that once flourished throughout the area. Approximately 8% of the remaining natural areas are protected as natural areas or open space. As the metropolitan area changes, the importance of coordinated and balanced planning programs to protect the environment and guide development becomes increasingly evident. The land supply available for open space and parks will be smaller and generally more expensive to purchase as communities continue to develop. If we are to have parks and open space areas in the future, the protection, acquisition, and active stewardship of greenspaces must become as important as planning highways, transit, water and sewer lines, and other basic public services. To fulfill this challenge, the Metropolitan Greenspaces program has been created. It proposes a cooperative regional system of natural areas, open space, trails, and greenways for wildlife and people in the Portland / Vancouver metropolitan area. The Metropolitan Greenspaces Master Plan With Metro serving as coordinator of the program, a Master Plan for Metropolitan Greenspaces has been adopted by the Metro council. Protection of natural resource areas in the public interest is the primary objective of this plan. The Master Plan is a complex planning document that functions on two levels. The first, and most tangible, level articulates a desired system of large natural areas recommended for protection and interconnected with greenways and trails. The objectives of creation of this system include maintaining the character and livability of our region and providing additional passive recreational opportunities and improvements for existing and future residents to enjoy and experience. The second, and more subtle, level would cultivate a strong sense of stewardship for our natural resources among the region's citizens. It seeks to foster and shape a civic ethic through which full implementation of the Plan may occur. The Metropolitan GreenspaL program and plan has been formula through a cooperative process that has involved more than 50 government agencies and extended public input. Its evolution through a variety of continuing planning and implementation activities will be guided by the following overriding goals: * create a cooperative regional system of natural areas, open space, trails, and greenways for wildlife and people in the four-county metropolitan area (Multnomah, Clackamas, Washington, and Clark counties). * protect and manage significant natural areas through a partnership with-governments, nonprofit organizations, land trusts, interested businesses and citizens, and Metro. * preserve the diversity of plant and animal life in the urban environment,using watersheds as the basis for ecological planning. * establish a system of trails, greenways, and wildlife corridors that are interconnected. * restore green and open spaces in neighborhoods where natural areas are all but eliminated. * coordinate management and operations at natural area sites in the regional Greenspaces system. * encourage environmental awareness so that citizens will become active and involved stewards of natural areas. * educate citizens about the regional system of greenspaces through coordinated programs of information, technical advice, interpretation, and assistance. Bond Issue Referred to Voters One option to protect additional significant natural areas recommended in the Master Plan is acquisition. Metro has placed a $200 million General Obligation Bond on the ballot (Ballot Measure 26-1). If approved on November 3 by voters in the Metro district, bond funds would become available for purchase of an estimated 7,000 acres of natural areas and development of a system of trails and greenways to connect greenspaces. Up to 25% of the bond measure would be allocated to cities, counties, and park district for funding of local parks acquisitions and improvements. With the cost of the bond spread throughout the Metro district, the initial tax rate is estimated to be 32.5 cents per $1000 of assessed value or $32.50 per year on a $100,000 house.- The average tax rate over the 30-year term of the bonds would be approximately 19 cents per$1000, depending on property value growth. No funds may be spent on operations or maintenance; like all general obligation bonds, Measure 26-1 is outside of Oregon's property tax limitation. Passage of the bond measure would enable Metro to acquire, develop, maintain, and operate a system of parks, open space, and recreational facilities of metropolitan significance. The Master Plan identifies protection of natural areas and open space through acquisition as an important part of implementing such a system. - L C I ( VAA THE° O ace amnesia p ensp CLOSE TO HOME By CHART l S COOKH; ? Along these same lines, the editorial In November' 1990, states that over time people expect with the enthusiastic ed that money derived from the open space v itorial support of The tax will be used to expand recreation" —a Press Democrat, statement not backed up in the ballot Sonoma County voters measure, the General Plan or any other overwhelmingly sup document outlining open space policy and t ported the establish priorities. }` ment of an Agricultural Finally, the editorial's notion that agri- cultural lands and open space will be Preservation and Open adequately protected by proper zoning and Space District and the q Y Cooke funds to make it work. the General Plan's land use provisions is .. wishing thinking at best. We have had Thus it was with as- zoning controls and spheres of influence for }r tonishment and dismay that I read the July many years — just look around at the 11y 23 editorial with its negative message results. ht ` _ concerning the first easement obtained by �u the district. .tgo, our voters Particularly disturbing was the edi voted for a I ould district that will hold wisely asements and 1 �m al's suggestion that the community should N land in perpetuity. No board of not spend money fo; agricultural protec- supervisors or board of the district can !' e tion and open space until other pressing change this. Only a majority of Sonoma :, 0 social needs had been taken care of. What County voters may change such conditions. e this really means is that the voters should the is not be able to choose the purposes for a tins"special attention orth at .to the tneeds of I which their tax dollars are spent. existing grape growers and dairy owners," L Y If the writer really believes that, I and we urge them to come forward with ly suggest he write a powerful editorial their requests— the sooner the better. --I. recommending the repeal of Proposition a In summation, the editorial states: The Jt (which requires that 40 percent of the contrast between what Sonoma County is Lit state's budget be spent on education). spending on open space and not spending ps Equally disturbing is the editorial's sug on education, medical care and other 11 gestion that the district wasted its money human needs cannot be ignored. Unless M because the land concerned wasn't "at risk remedied, this imbalance will become an — from development." If an objective observ- embarrassment. er looks at the property in question, he or The embarrassment is the logic of these she would see that the land directly to the statements. if the writer truly wishes to "- north and south has been d: c''.oped• increase the expenuitnres or."other hums^ a, i needs," he should be addressing the state i Legislature and the governor about passing Pent ther, if the Sonoma County General a budget which will address those needs or ci an or the Measure A ballot argu- he should address them about providing the �i had been reviewed, it would be authority to the county to raise funds for 4 apparent that the prio hies outlined in these purposes — an authority they do not those documents call for greenbelts around possess under current law, our cities and the preservation of scenic vistas and agricultural lands, whether or Now that the Agricultural and Open ' e can and not these lands are "at risk of develop Space District is up and running, with its h der its belt, ment."The land in question meets all these (will Write a new se nand wonderful rchapter in priorities. our history. Sonoma County has the tools, t i The editorial also implies that this the funds and the will to protect our expenditure was wasted because it beautiful landscape, agricultural heritage does not buy public access to the property and rural way of life. Let us all get on with as a park or as a part of a system of the task at hand. regional trails."A key to the successful vote on the district was the emphasis that easements or land could only be obtained Charles Cootie is chairman of Sonoma ce board, to from willing sellers. If the property owners Counts s open ens by the Boardf a member wish to provide public access or trails to the p appointed property,it is their choice,not the district's. Supervisors.