The URL can be used to link to this page

Home My Public Portal About19921104 - Agenda Packet - Board of Directors (BOD) - 92-27 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 RESCHEDULED REGULAR MEETING BOARD OF DTRECTORS A G E N D A 7 : 30 P .M. 330 Distel Circle Wednesday Los Altos , California November 4 , 1992 (7 : 30) * ROLL, CALL ORAL COMMUNTCATTONS -- Public SPECTAL ORDER OF THE DAY ADOPTTON OF AGENDA ADOPTTON OF CONSENT CALENDAR R . McKibbin WRITTEN COMMUNTCATTONS (Consent Item) BOARD BUSINESS (7 : 45) 1 . Issuance of 1992 Promissory Notes -- M. Foster ( 8 :05) 2 . Proposal for Sale of Surplus Real Property at Teague Hill Open Space Preserve -- C . Britton Resolution Declaring Tntention to Sell Surplus Real Property of the District Pursuant to Public Resources Code Section 5540 et seq. (Teague Hill Parcels) (8 : 15) 3 . Tnformational Report to the Board on the Public Affairs Plan and Program Tmplementation -- M. Smith (9 : 15) *)k ,k 4 . Land and Water Conservation Fund Reapplication for Saratoga Summit Gateway Acquisition Project and Windy Hill Open Space Preserve Public Access Project --- R . Anderson (Consent Ttem) Resolution Approving the Application for Land and Water Conservation Funds for the Saratoga Summit. Gateway Acquisition Project 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 (9 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teen a Henshaw,Ginny Babbitt,Nonette H a nko,Betsy Crowder,Richard Bishop Resolution Approving the Application for Land and Water Conservation Funds for the Windy Hill Open Space Preserve Public Access Project 5. Environmental Enhancement and Mitigation Program Application for Sierra Azul Open Space Preserve Trailhead Acquisition Project -- R. Anderson (Consent Ttem) Resolution Approving the Application for Environmental Enhancement and Mitigation Program Funds Under Section 164 . 56 of the Streets and Highways Code for the Sierra Azal Open Space Preserve Trailhead Acquisition Project 6 . Solicitation of Bids for Picchetti Ranch Blacksmith Shop Restoration Project -- R. Anderson (Consent Ttem) 7 . Proposed Agreement with Los Gatos Redevelopment Agency -- H. Grench (Consent Ttem) Resolution Approving and Authorizing Execution of "Agreement between the Los Gatos Redevelopment Agency and the Midpeninsula Regional Open Space District Pursuant to Community Redevelopment Law and Health & Safety Code Section 33000 et seq. "' TNFORMATTONAL REPORTS -- Directors and Staff REVISED CLATMS (Consent Ttem) CLOSED SESSTON (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 ADDRFSS THE BOARD: The Clair will invite public comments 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 speafer's form so your name and address can be accurately included Q 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 appj�!2jLed without discussion_ky one mot ioD unless a Board member removes an item from the CODSODt CdIeDdal- fOl" sepal-ate discussion. A Member b e prab.lic re1yest under oral _ OOffIInUDjCdtJOn8 that an item be removed frotti tine consent calendar. NOTICE OF PUBLIC MEETINGS The Gifts Policy Committee will meet Tuesday, November 3, 1992 beginning at 2:00 p.m. at the District office. The purpose of the meeting will be to review and revise the District 's Gift Policy. The Budget Committee will meet Monday, November 9, 1992 beginning at 4:15 p.m. at the District office. The purpose of the meeting will be to review the 19,92-93 -fiscal year budget. There will be a Special Meeting of the Board of Directors on Monday, November 9, 1992 beginning at 7:00 pm. for the purpose of conducting a closed session evaluation of the general manager's performance. There will be a Special Meeting of the Board of Directors on Thursday, November 12, 1992 beginning at 7:30 p.m. for the purpose of interviewing candidates for Ward I director. There will be a Special Meeting of the Board of Directors on Wednesday, November 18, 1992 beginning at 7:30 p.m. for the purpose of interviewing candidates for Ward .1 director. The District office will be closed Wednesday, November 11 for Veterans Day. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 REGULAR MEETTNG BOARD OF DTRECTORS November 4 , 1992 MTNUTFS T . ROLL CALL, President Robert McKibbin called the meeting to order at 7 : 30 P .M. Members Present : Ginnv Babbitt, , Richard Bishop, Betsy Crowder, Kay Duffy , Nonette Hanko, Teena Henshaw, and Robert McKibbin . Personnel Present : Herbert Grench , Craig Britton , Jean Fiddes , Malcolm Smith , John Escobar , Del Woods , Michael Foster , and Deborah Morvav-Zucker. TT . ORAL COMMUNTCATIONS There were no oral. communications . TIT . SPECTAL ORDER OF THE DAY R. McKibbin honored K. Duffy for twenty years of dedication and accomplishments as director of Ward 1 . Linda Stuckey, 22600 Prospect Road , Saratoga , also spoke of K. Duffy ' s contribution to the community as Ward 1. director and to her own open space experiences , in particular . Motion : N. Hanko moved that the Board adopt Resolution 92-48 , a Resolution of the Board of Directors of the Midpeni.nsula Regional Open Space District Honoring Katherine (Kay) Duffy . B . Crowder seconded the motion . The motion passed 6 to 0 , with K. Duffy abstaining. TV. ADOPTION OF AGENDA H. Grench requested the removal of the agenda item on the proposed agreement with the Los Gatos Redevelopment Agency from the consent calendar and the addition of an urgency itom adopting a resolution to honor the Marin County Regional. Open Space Distri.ct ' s twentieth anniversary. He said that adoption of the resolution was necessary at this time as a special order of the day so C . Britton could present the resolution at the District ' s anniversary dinner on Thursday, November 5 . R . McKibbin stated that the agenda as amended was adopted by Board consensus . Motion: N. Hanko moved that the Board adopt- Resolution 92-49 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending the Marin County Open Space District on Tts 20th Anniversary. B . Crowder seconded the motion. The motion passed 7 to 0 . 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 92-27 Page 2 V. ADOPTION OF CONSENT CALENDAR Motion: G. Babbitt moved that the Board adopt the consent calendar, including Resolution 92-50 , A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Saratoga Summit Gateway Acquisition Project; Resolution 92-51 , A Resolution of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Windy Hill Open Space Preserve Public Access Project ; Resolution 92-52 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Fnvironmental Enhancement and Mitigation Program Funds Under Section 164 . 56 of the Streets and Highways Code for the Sierra Azul Open Space Preserve Trailhead Acquisition Project; staff authorization to solicit bids for Piccbetti Ranch blacksmith shop restoration project ; and Revised Claims 92-19 . R. Bishop seconded the motion . The motion passed 7 to 0 . VT . BOARD BUSINESS A. Issuance of 1992 Promissory Notes (Report R-92-113) M. Foster reviewed the details of his report , including the need for additional funding in 1992-1993 to complete the purchase of the Vidovicb property on December 31 , 1992 , the District ' s ability to repay new debt based on cash flow models presented in the report , marketability and recommended fixed rate structure of the notes , and a schedule for completion of the sale of 1992 notes . He stated that presentations would be made to rating agencies , Standard & Poor and Moody, on Friday, November 13, 1992 . He said that underwriters expected that the District ' s A+ rating, the highest rating available for a single purpose district , was expected to remain unchanged . Motion : N. Hanko moved that the Board authorize staff to take all actions necessary to arrange the issuance of $8 million of twenty year notes . B. Crowder seconded the motion. The motion passed 7 to 0 . B. Proposal for Sale of Surplus Real Property at Teague Hill Open Space Preserve (Report R-92-111) C. Britton summarized the background , details , and procedures of the proposal to sell two approximately 35-acre parcels at auction, with a minimum bid of $1 , 500, 000 for parcel T and a minimum bid of $2 , 000 , 000 for parcel TT . He stated that the auction would be scheduled for the Board ' s April 14 , 1993 Regular Meeting. He stated that the resolution to be approved included a declaration of the property as surplus and the District ' s intention to sell the property. He stated that successful Meeting 92-27 Page 3 bidders would be declared at the end of the auction. He said that the minimum bid was set at the properties ' December 1989 appraised values. N. Hanko stated that it was the Board ' s intention at the time of the acquisition of the 624-acre property, to eventually sell the two developable parcels . C . Britton stated that the offer to purchase would include, as a condition of title, le, the requirement for a public trail connection for local neighborhood access to the District ' s adjoining Teague Hill, Open Space Preserve as approved by the District and the Town of Woodside. Motion: B . Crowder moved that the Board adopt Resolution 92-53 ,- a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Declaring Tntent-,ion to Sell Surplus Real Property of the. District Pursuant to Public Resources Code Section 5540 et seq. (Teague Hill Parcels) . R . Bishop seconded the motion . The motion passed 7 to 0 . C . Triformational Report to the Board on the Public Affairs Plan and Program Tmplementation (Report R-92-1,14) M. Smith reported on the objectives of the draft public affairs plan for the District and presented an overview and certain emphases of the plan and its implementation . He stated that he, would return to the Board in about a month to request approval of the final plan . D. Proposed Agreement with Los Gatos Redevelopment Agency (Report R- 92-115) H. Grench stated that the agreement was the result of negotiations between Los Gatos Redevelopment Agency ' s staff and the District ' s . He said that Los Gatos Town Council requested that only the northern part , but not the rest, of Cathedral Oaks Area of Sierra Azul Open Space Preserve, but that a part of E1 Sereno Open Space Preserve could be included , and that the staffs felt St . Joseph' s Hill Open Space Preserve could also be included. C . Britton showed the proposed modifications to the boundaries initially proposed . H. Grench recommended the adoption of the resolution with modified boundaries , noting that staff still needed to determine the exact area to be Included in Exhibit A. Pete Siemens , 69 Ellenwood Avenue, Los Gatos , stated that one of the Los Gatos Town Council members was very concerned about gaining access to El Sereno Open Space Preserve from the town. Meeting 92-27 Page 4 Motion: K. Duffy moved that the Board adopt Resolution 92-54 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of "Agreement Between the Los Gatos Redevelopment Agency and the Midpeninsula Regional Open Space District Pursuant to Community Redevelopment Law and Health and Safety Code Section 33000 et seq. " R. Bishop seconded the motion. The motion passed 7 to 0 . VTT . TNFORMATTONAL REPORTS B . Crowder reported that she made a presentation to the Millbrae Kiwanis Club about the District . H. Grench reported that the election results included 64% of the voters in Los Angeles County voting in favor of creating and funding via a parcel assessment a regional open space district . He stated that a measure to fund a regional open space district in Napa County was defeated two to one . H. Grench also reported on his November 4 trip to Sacramento, including a California Parks and Recreation Society legislative committee meeting and a discussion with Ralph Heim of Jackson, Barish & Associates regarding the state budget. J. Fiddes stated that the District had received 11 applications for director of Ward 1 prior to closing at 5: 00 P.M. November 4 . VTTT . CLOSED SFSSTON C . Britton announced that the land negotiation to be discussed was Santa Clara County assessor ' s parcel number 558-34-005, owner Kathy Lyles , negotiated with Jim Lyles . The Board recessed . to Closed Session on the land acquisition matter at 9: 00 P.M. TX. ADJOURNMENT The meeting was adjourned at 9 : 40 P.M. Deborah Morvay-Zucker Secretary Open Space -`--- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-26 REGULAR MEETING BOARD OF DIRECTORS October 28 , 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7 : 34 P.M. Members Present: Katherine Duffy, Nonette Hanko, Richard Bishop, Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder. Personnel Present: Herbert Grench, Craig Britton, Jean Fiddes, John Escobar, Randy Anderson, and Malcolm Smith. II. ORAL COMMUNICATIONS J. Fiddes relayed notes from a telephone communication from Jeffry Harris, 22700 Prospect Road, Saratoga, resident at Fremont Older Open- Space Preserve, who called on October 23 , 1992 regarding the continuing problems with bicyclists at Fremont Older Open Space Preserve. The Board requested a written text of Mr. Harris ' s statement, and J. Escobar stated that he would call Mr. Harris to discuss his concerns. .Linda Stuckey, 22600 Prospect, Road, Saratoga, another resident at Fremont Older Open Space Preserve, stated that she felt most bicyclists are courteous and noted that she would rather have bicyclists on the preserve than a large number of houses. K. Duffy read a note she had received from Mary Ann and Walter Curl thanking her and all the members of the Board for preserving open space and providing hiking trails. K. Duffy thanked Linda Stuckey for her efforts to preserve the Fremont Older house and surrounding land that became Fremont Older Open Space Preserve. III. ADOPTION OF AGENDA R. McKibbin stated that the agenda was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR G. Babbitt noted that corrections to the minutes of September 23 , 1992 shown in the October 141 1992 minutes should have included her statement requesting that her informational report on page four should be corrected to read " . . .Barry Friedman indicated that the Romp and Stomp may no longer be needed. . . " 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 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Hens haw,Gi16,y Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-26 Page 2 Motion: B. Crowder moved that the Board adopt the consent calendar including approval of the minutes of October 14 , 1992 ; the responses to written communications from Harry Haeussler and John Kowaleski; November Meeting Schedule; Report R-92-109, and Revised Claims 92-18 . G. Babbitt seconded the motion. The motion passed 7 to 0 . V. BOARD BUSINESS A. Appointment of Unopposed Candidates in Wards 3 4 and 7 (Report R-92-110) In response to a question from K. Duffy, J. Fiddes clarified that the unopposed candidates being appointed would begin their terms of office in January, 1993 . Motion: R. McKibbin moved that the Board adopt Resolution 92-45, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Director - Ward 3 to the Board of Directors of the Midpeninsula Regional Open Space District. N. Hanko seconded the motion. The motion passed 7 to 0. motion: N. Hanko moved that the Board adopt Resolution 92- 46, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Director - Ward 4 to the Board of Directors of the Midpeninsula Regional Open Space District. R. McKibbin seconded the motion. The motion passed 7 to 0. Motion: R. McKibbin moved that the Board adopt Resolution 92-47 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Director - Ward 7 to the Board of Directors of the Midpeninsula Regional Open Space District. G. Babbitt seconded the motion. The motion passed 7 to 0. J. Fiddes administered the oath of office to Teena Henshaw, Ginny Babbitt, and Wim de Wit. B. Report by Phyllis Cangemi, Whole Access on the Ivth World Congress on National Parks and Protected Areas - Caracas Venezuela (Report R-92-112) Using slides to illustrate her report, Phyllis Cangemi, Executive Director of Whole Access, briefed the Board on the World Congress that she attended February 10 - 21 in Caracas, Venezuela. VI. INFORMATIONAL REPORTS N. Hanko stated that she felt Board members attending the Special Districts Not-So-Annual Conference in Monterey should cover any overnight expenses personally, as members of the management team were going to do. There was no disagreement expressed to N. Hanko ' s statement. Meeting 92-26 Page 3 B. Crowder reported on the Twentieth Anniversary Committee ' s activities, focusing her report on the November 7 dinner. In behalf of the committee, she requested that the members of the Board agree to underwrite the cost of hors d'oeuvres for the event, and Board members agreed. B. Crowder distributed flyers about the Bay Trail Forum to be held at Coyote Point Museum on October 31. R. Bishop called to the Board's attention the need to appoint a director to replace him on the Bay Area Trail Council after he leaves office. H. Grench read a note he had received from Garnetta Annable thanking him and open space planner Mary Gundert for the District ' s efforts in helping her place a memorial bench dedicated to her deceased husband Rod by his family on Long Ridge Open Space Preserve. H. Grench briefed the Board on the placement of 1992 note issue related items on the agenda for the November 4 Rescheduled Regular Meeting, as well the November 18 Special Meeting agenda. He also reported that 24 Ward 1 vacancy applications had been requested and that one completed application had been returned. J. Fiddes reviewed the paper saving option discussed with the Board at the previous meeting regarding the number of copies of agenda materials put out at meetings. Board members agreed to try a new system of having agendas and three binders of the agenda materials for public review, with the district clerk determining whether additional copies of a Board report should be photocopied in advance for a particular agenda item. R. McKibbin reported on the October 26 Trails Committee meeting, noting that the next meeting would be held at the end of November and that the committee would be continuing its review of the preliminary draft of the Trail Use Guidelines and Mitigation Measures working document. J. Fiddes reported on the tracking system for critical dates developed by staff. C. Britton stated that escrow has closed on the two-acre Cullen property and since no public comments had been received, there would be no second reading. He also reported that the trail project through Foothills Park with the City of Palo Alto would not be included on a future federal trails grant projects agenda item since the city' s attorney had concluded that a federal Land and Water Conservation Fund grant agreement would be in violation of covenants made with the citizens of Palo Alto regarding the use of Foothills Park. J. Escobar reported on an October 14 solo bicycle accident with injuries on the Priest Rock Trail at St. Joseph' s Hill Open Space Preserve. Page 4 R. Andersen said that the complete draft of the District 's Americans with Disabilities Act (ADA) plan was available for review and was being reviewed by staff and the ADA committee. He briefed the Board on the status of the Lexington mitigation project and the potential of additional mitigation restoration projects on District land. He said that a meeting would be held on November 5 with staff from the water department of the City and County of San Francisco on ways the District could work with the department on their masterplan, particularly for watershed areas. B. Crowder reported that she, Jay Thorwaldsen, and Jim Warren had hiked Mr. Warren's property in the Skyline area and toured his home. At the request of G. Babbitt, the Board discussed the scheduling of a Special Meeting to conduct the general manager's mid-year performance evaluation. Motion: R. Bishop moved that the Board schedule a Special Meeting beginning at 7: 00 P.M. on Monday, November 9 at the District office for the purpose of having a closed session to conduct the general manager's interim performance evaluation. T. Henshaw seconded the motion. The motion passed 7 to 0. VII. CLOSED SESSION H. Grench announced that the litigation matter to be discussed in Closed Session fell under Government Code Section 54956 . 9 (bi) - John Hughes vs. M.R.O. S.D. C. Britton announced that land negotiations to be discussed were Santa Clara County assessor' s parcel numbers 558-01-023 and 562- 03-001, owner General Convention of New Jerusalem, negotiated with Edwin Capon; Santa Clara County assessor' s parcel number 562-06-011, owner Linda Johnson et al. , negotiated with Gary Beck; Santa Clara County assessor's parcel number 558-34-005, owner Kathy Lyles, negotiated with Jim Lyles; San Mateo County assessor ' s parcel number 078-150-040, owner Sal Pantano, negotiated with Dennis Pantano; San Mateo County assessor' s parcel numbers 078-210-130 and 078-210-230, owners George and Adele Norton, negotiated with George and Adele Norton; San Mateo County assessor' s parcel number 080-410-150, owner William and Virginia Fowkes, negotiated with William and Virginia Fowkes; Santa Clara County assessor's parcel number 331-017-047 and 331- 017-048 , owned by Daniel and Merel Blaubiger, negotiated with Merel Blaubiger; San Mateo County assessor ' s parcel number 080- 410-190 and 085-130-010, owned by Eugene Acronico, negotiated with Robert Pasquinelli. The Board recessed to Closed Session on litigation, land acquisition, and personnel matters at 8 : 55 P.M. VIII. The meeting was adjourned 'at 11:04 P.M. * Jean H. Fiddes District Clerk Claims No. 92-18 Meeting 92-26 Date: Oct. 28, 1992 REVISED MIDPENIINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ------------------------------------------------------------------------------------------------- 3296 125.00 Acme & Sons Sanitation, Inc. Sanitation Services 3297 25.00 Asbestest, inc. Asbestos Test 3298 22 ,826.96 AT&T Equipment Agreement 3299 2. 184 .49 Birnie Lumber Building Supplies 3300 20.00 City of Brisbane Legislators' Meeting 3301 1 ,402.50 Building Abatement Anally-Lics Asbestos Survey 3302 160.00 California Park & Recreation Membership & Society, Inc. Advertisement 3303 293.30 California Solvent Recycling Corp. Hazardous Waste Removal 3304 209.90 California Water Service Water Service 3305 220.00 Cline & Associates Lights & Locks-330 Distel 3306 51 .43 Consolidated Electrical Building Supplies Distributors 3307 577.50 William Cotton & Associates Engineering Services 3308 214 .78 Crest Copies Bluelines & Copying 3309 310.34 Alice Cummings Plant Symposium 3310 1 .816.65 Design Concepts Design, Typeset, Produce Fact Sheet , Newsletters 3311 2,376.00 Divine Catering Staff Recognition Event 33312 100.00 Jean Fiddes Reimbursement--Staff Recognition Event 3313 4 .64 Foster Brothers Kevs 3314 137.99 Goodco Press Business Cards 3315 218.00 Herbert Grench Travel Expenses-Sacramento 3316 55.65 Heritage Arts VolunteerPuhlications 3317 100.00 La Honda Vista Water Co. Water Service 33118 317 .42 Langley Hill Quarry Building Supplies 3319 45.00 Brian Malone Reimbursement--Workshop 3320 37 ,810.00 S.P. McClenahan Co. , Inc. Tree Surgery 3321 211 .09 McGrath RentCorp Temporary Office Building Rental 3322 180-00 Metro Publishing, Inc. Lega' ! Ad--Ward I Vacancy 3323 640.00 National Interpreters Workshop Conference Registrations 3324 341 .50 Orchard Supply Hardware Field Supplies 3325 53.96 Pacific Aerial Surveys Aerial Photo Enlargement 3326 1 , 126.06 Page & Turnbull , Inc. Architectural Service--Picchetti 3327 49. 10 Loro Paterson Reimbursement--Field Supplies 3328 2 . 152.14 Pacific Gas & Electric Electrical & Gas Service 3329 19.49 Peninsula Community Newspapers Subscription 3330 607.79 PIP Printing Printing 3331 159. 17 Pitney Bowes Credit Corp. Postage Machine 3332 5,757.00 Plan Construction Co. Picchetti Barn Restoration 3333 29.25 Rayne Water Conditioning Water Service 3334 235.77 Rich's Tire Service Vehicle Expense 3335 349 .41 Roy's Repair Service Vehicle Expense :3336 425.60 County of San Mateo Plan Check--Building Department 3337 2,452.41 Scriber Graphics Newsletter Printing 3338 669.94 Signs of the Times Signs 3339 690.24 Smith Eauipment Tractor Parts 3340 5. 291 .05 The Steinberg Group Architectural Services 3341 947 . 19 Teater & Etc. Artwork Emergency check issued Oct. 20, 1992 Claims No. 92-18 Meeting 92-26 Date: Oct. 284 . 1992 REVISED MIDPE\INSUL?. REGIO\AL OPEN SPACE DISTRICT Name Description ---------------------------------------------------------------------------------------------- 342 19.53 United Parcel Service Delivery Service 343 381 .56 Value Business Products Office Supplies 344 77 .94 West Coast Rebar Co . Building Supplies 345 1 ,216.55 Whitmore , Johnson & Bolanos Legal Services 346 299.63 Alpine Recreation Parts for Equipment 347 65 .00 Fidelitv National Title Company Reconveyance Fees 348 219.43 Petty Cash Local Meeting Expense , Office Supplies . Resource Documents . and Prica�e Vehicle Expense k Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 SUMMARY OF NOVEMBER 4 , 1992 RESCHEDULED REGULAR BOARD MEETING Special Order of the Day - The Board adopted Resolution 92-48 honoring Katherine (Kay) Duffy for twenty years of dedication and accomplishments as Ward I Director . Additionally, the Board adopted Resolution 92-49 commending the Marin County Open Space District on its 20th Anniversary. Tssuance of 1992 Promissory Notes - The Board authorized staff to arrange issuance of $8 million of twenty year notes . Proposal. for Sale of Surplus Real Property at Teague Hill Open Space Preserve - The Board adopted Resolution 92-53 declaring its intention to sell at auction as surplus real property two 35-acre parcels at Teague Hill Open Space Preserve on April 14 , 1993 . Information Report to the Board c-)n the Public Affairs Plan and Program Tmplementation - The Board confirmed the general. objectives of the proposed public affairs plan. Land and Water Conservation Fund Reapplication for Saratoga Summit Gateway Acquisition Project and Windy Hill open Space Preserve Public Access Project - The Board adopted Resolutions 92-50 and 92-51 approving the applications for Land and Water Conservation Funds grants for the Saratoga Summit Gateway Acquisition Project and the Windy Hill Open Space Preserve Public Access Project . Environmental Enhancement and Mitigation Program Application for Sierra Azul, Open Space Preserve Trailhead Acquisition Project The Board adopted Resolution 92-52 approving the application for $500 , 000 of Environmental Enhancement and Mitigation Program funds for the Sierra Azul Open Space Preserve Trailhead Acquisition Project . Solicitation of Bids for Pi.cchetti Ranch Blacksmith Shop Restoration Project - The Board authorized staff to solicit competitive bids from independent contractors for the Picchet.ti Ranch blacksmith shop restoration project . Proposed Agreement with Los Gatos Redevelopment Agency - The Board adopted Resolution 92-54 approving and authorizing execution of an agreement between the Los Gatos Redevelopment Agency and the Midpeninsula Regional Open Space District which provides that , in addition to its base year property tax share and 2% growth, the District receive an additional "share" of the tax increment from property taxes from the redevelopment area . Deborah Morvay-Zucker Recording Secretary 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 Herishaw,Gin ny Babbitt,Nonette H a nko,Betsy Crowder,Richard Bishop Claims 92-19 Meeting 92-27 Date: Nov. 4, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description ------------------------------------------------------------------------------------------------ 3349 100.00 Acme & Sons Sanitation Sanitation Services 3350 20.24 American Welding Supply Welding Supplies 3351 205.75 Randy Anderson Reimbursement--Frames and Private Vehicle Expense 3352 304.00 Breon, O'Donnell., Miller Legal Services Brown & Dannis 3353 4,430.98 Brian Kangas Foulk Feasibility Study--Benedetti Property 3354 1 ,402.00 State of California--Department Dam Fees--Alpine/Horseshoe of Water Resources 3355 21 .94 California Water Service Company Water Service 3356 605.76 R. V. Cloud Company Plumbing Supplies 3357 100.00 Coastside Proflame Propane Fuel 3358 84.95 Sheryl Marioni Cochran Private Vehicle Expense 3359 3,500.00 William Cotton & Associates , Inc. Geotechnical Services--Cordilleras Trail 3360 46.57 Katherine Duffy Reimbursement--Photograph Framing 3361 176.59 Emergency Vehicle Systems Vehicle Emergency Equipment 3362 2,096.72 David B. Fisher Legal Services 3363 61 .81 Foster Bros.Security Systems Locks 3364 109.64 Goodco Press , Inc. Printing--Timecards 3365 349.09 Home Depot Lights,Plumbing and Electrical Supplies 3366 352.00 Honeywell Protection Services Burglar Alarm Maintenance Agreement 3367 1 ,053.27 Jeda Publications, Inc. Brochure Printing 3368 74 .88 Jobs Available Advertisement 3369 28.00 Kreb's Cycle Products Mountain Bicycling Maps 3370 61 .30 Judy Law Private Vehicle Expense 3371 60.99 Merwin Mace Private Vehicle Expense 3372 500.00 Mobile Radio Resources Radio License 3373 50.00 Motorola, Inc. Rent for Antenna Site 3374 19.43 Norney's of Mountain View Office Supplies 3375 350.54 Pacific Bell Telephone Service 3376 12.89 Peninsula Blueprint, Inc. Bluelines 3377 1 ,000.00 Postage by Phone Postage 3378 107.79 Precision Engravers, Inc. Brass Namebadges 3379 103.66 Rancho Hardware Field Supplies 3380 9,449.67 Robertson, Alexander, Luther, Legal Services Esselstein, Shiells & Wright 3381 71 .45 San Mateo Times Newspaper Subscription 3382 2 ,035.60 Santa Clara County Sheriff's Patrol Services Department 3383 21 .80 Sears Electrical Part 3384 403.00 Sequoia Analytical Water Testing 3385 95.30 Shell Oil Company Fuel 3386 545.00 Sunnyvale Electric Light Installation 3387 7,757.00 Precision Works , Inc. Demolition--Former Quane and White Property 3388 307.43 Yerba Buena Nursery Rancho Revegatation Project 3389 89.15 Petty Cash Training Expense, Office Supplies, Out•- of-Town Meeting Expense, and Private Vehicle Expense Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-92-08 MEMORANDUM October 30, 1992 TO: Board of Directors FROM: J. Fiddes, District Clerk This is the text of the phone message from Jeffrey Harris at Fremont Older Open Space Preserve that you requested I forward to you in writing. I read the message under oral communications at your October 28 meeting. Text of phone call from Jeffrey Harris, October 23, 1992 : He reports continuing problems with bicyclists at the preserve. Said bicyclists yelled insults at Mrs. Harris. Noted that lately, there is a lot of high speed riding down driveway. He says controls need to be put in; this has been discussed, but not implemented. Reported speeds as high as 30 MPH. Said that the sheriff recently cited two bicyclists for recklessness. He says rangers say they can't cite, only warn, because they have no way of determining speed. He added that there is some bicycle riding off-trail on the grass hill next to the Harris' s house. cc: H. Grench D. Woods (Trails Committee) J. Escobar November 4, 1992 Rescheduled Regular Meeting Special Order of the Day RESOLUTION NO. 92-48 RESOLUTION OF APPRECIATION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING KATHERINE (KAY) DUFFY WHEREAS, Katherine Duffy, better known as Kay to us all, will leave her seat as Director of Ward 1 of the Midpeninsula Regional Open Space District effective November 7, 1992, exactly 20 years to the day when she was first elected as a District Director, and WHEREAS, as one of the District's founders, Kay carried the ball in the Los Gatos-Saratoga-Cupertino area in the campaign for Measure R, the grassroots initiative creating the District in November, 1972 and in that same election was elected to the newly formed Board of Directors; and WHEREAS, Kay has been an all-out advocate for maximizing the acres of open space the District can preserve and has, of course, had a special place in her heart for all those acres of chaparral- covered, sometimes indescribable, expanses of open space in an area called Sierra Azul; and WHEREAS, Kay's original thinking and fresh ideas expressed in clear, succinct language and her tireless devotion and commitment to open space preservation has translated into unmeasurable hours of time in District meetings and events, as well as educating and promoting awareness of the District among public officials representing various constituents in Ward 1; and WHEREAS, Kay has shared the beauty of the open space preserves by transferring them to canvas and paper with her great talent for painting and by leading the ladies' hiking group over terrain that has somehow become steeper in the last twenty years; and WHEREAS, phrases like "strong on common sense" , "tell it like it is" , and "straight shooter" best describe Kay's approach to serving the public and addressing a myriad of issues that have become increasingly complex over the District's past 20 years; NOW, THEREFORE, be it resolved that the Board of Directors and staff of the Midpeninsula Regional Open Space District do applaud Kay for her accomplishments and achievements over the last twenty years, extend heart-felt thanks for all she has done, look forward to her continued support for the District and her use of District preserves, and wish her well in all her future endeavors. Asolution of Commendation RESOL UTION No. 9249 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE MARIN COUNTY OPEN SPACE DISTRICT ON ITS 20TH ANNIVERSARY WHEREAS, the Marin County Open Space District was founded by the voters in 1972 to preserve Marin County's breathtaking open space lands; and WHEREAS, since 1972, the District has acquired over 10,000 acres of precious open space, and has generously contributed to the acquisition and permanent preservation of an additional 6,000 acres of open space and parklands; and WHEREAS, the District provides over 20 open space preserves for the enjoyment of the public, containing over 95 miles of trails, including several miles of dedicated Bay Area Ridge Trail; and WHEREAS, the District operates a renowned and highly successful volunteer program, including the famous volunteer mounted patrol; and WHEREAS, the District enjoys outstanding public support and was favored by 62% of the voters in a recent bond measure, reflecting the public's respect for the environment and recognition of the outstanding work of the District; and WHEREAS, the Marin County Open Space District is celebrating its 20th Anniversary; Now, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby congratulate and commend the Marin County Open Space District for its achievements, accomplishments and exceptional public service over the last 20 years, and extend great wishes for continued success in the preservation of open space. Ai Open Space R-9 2-113 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 November 4, 1992 AGENDA ITEM Issuance of 1992 Promissory Notes CONTROLLER'S RECOMMENDATION Authorize staff to take all actions necessary to arrange the issuance of $8 million of twenty year notes. Discussion: The fiscal year 1992-1993 budget you approved on March 25, 1992 included the planned issuance of $11. 5 million of twenty year notes. The note issue was originally planned for the summer but was postponed due to the state budget crisis. Now that the near-term and potential long-term impact of the state budget problems are better understood, it is now prudent to move ahead with a reduced $8 million issue. Is additional funding required in 1992-1993? Yes; without a note issue the District could not complete the purchase of the Vidovich property on December 31, 1992, as agreed in the settlement to the condemnation action. Essentially, all of the note proceeds, net of reserve requirements and issuance costs', would be used to make the required $7 . 3 million final payment for the Vidovich property. Can the District afford the new debt? Yes; the District's financial model has been analyzed using a variety of tax revenue assumptions and the District can afford future debt service on $8 million of additional debt even under the "worst case" scenarios. Attached are copies of two of the 1992-2000 cash flow models which bracket most of the potential scenarios. Case No. 1 is a base District financial model, assuming no future change in tax revenue funding formulas and continued growth in open space management and development spending. The debt service for $8 million of new notes is easily accommodated. Case No. 11 assumes (1) a $1.7 million (17%) cut in tax revenue beginning in the state fiscal year starting July 1, 1993 , and (2) a corresponding 10% cut in the District's operating expense base. Again, there is no significant risk of not meeting debt service or reserve requirements on any of the District's debt. 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 Genera(Manager:Herbert Grench Boars}of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonetle Hanko,Betsy Crowder,Richard Bishop R-92-113 Page 2 The proposed $8 million note issuance is also in compliance with the statutory debt limit (89% of maximum) and additional debt covenants in existing public notes. Can the District sell long-term notes now? Yes; District investment bankers believe there will be a ready market for the proposed notes. How should the notes be structured? In order to relieve pressure, to the extent practical, on the District's near- term cash requirements, maturities would extend out twenty years and principal repayments would not start until July 1997. District investment bankers recommend fixed rate, rather than floating rate, notes because of the relatively low level of current interest rates and because they believe rating agencies would feel the District already has a high enough proportion of its debt in variable rate notes. Who should manage the note issue? Given an acceptable underwriting discount will be negotiated, Prudential Securities is the logical choice for underwriter because of its great success with the District's 1987, 1988, and 1990 Notes. We expect to present for Board approval a satisfactory underwriting agreement at the November 18 meeting. The schedule for completion of the sale of 1992 Notes is as follows: October 30 Review second draft of bond documents November 4 Board approves concept of note issue November 6-10 Presentations to Rating Agencies November 18 Board approves all bond documents December 2 Note pricing December 14 Pre-close December 15 Close sale and receive proceeds Prepared by: Michael Foster, Controller Contact person: Same as above CASE NO. 1 MRCSD CASH FLOW PROJECTION 10/27/92 1992-93 TO 1999-00 THOUSANDS) 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00 ----- ----- ----- ----- ----- ----- ----- BEGINNING CASH 9492 7264 7306 7820 8538 8240 9205 9900 TAX REVENUE 9765 10450 11182 11964 128C2 13698 14557 15683 GRANT RECEIPTS 289 300 315 331 347 385 383 402 JOINT PROJECTS 500 303 300 350 450 INTEREST INCOME 450 375 �75 400 400 425 475 5C0 OTHER INCOME 493 45'S 546 579 813 650 689 731 ---- ---- ---- ---- ---- ---- ---- ---- SUBTOTAL REVENUES 1u997 15640 12313 13274 14462 i5438 1655 17750 OPERATING EXPENSES 5000 5350 5725 0125 6554 7013 7504 8029 BUILDING IMPROVEMENTS 753 DEBT SERVICE-OLD 5410 53;9 301 $t8 4 4361 �c+u "3 DEBT SERVICE-NEW 529 1028 i433 2510 3349 4180 4991 ---- ---- ---- ---- ---- ---- ---- ---- TOTAL DEBT SERVICE 521C 5848 6329 73'1 9931 771C 7855 872 SUBTOTAL EXPENSES 9E3 .1198 2C54 13434 16485 14723 15359 1676 ---- ---- ---- ---- ---- ---- ---- ---- OPERATING CASH FLC' 34 4142 864 -163 -2023 715 1195 1015 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- LAND CONTRACTS 0 0 C 4880 -4600 0 0 0 BOND ISSUES (NET) 7800 6800 5850 5850 14625 9750 9750 9750 FED LAND BANK PAYMENTS 200 200 200 LAND PURCyASES: TOP PRIORITY 1— 7297 5000 2750 5100 300 ALREADY APPROVED 2565 OTHER LAND 5000 3250 3750 8000 9500 i0250 9750 ---- ---- ---- ---- ---- ---- ---- ---- 70T.AL LAND A.COUIRED 9862 .10G0 5000 9850 8300 9500 10250 9750 ----- ----- ----- ----- ----- ----- ----- ----- ENDING CASH 7264 7306 7220 8538 2240 9205 9900 10916 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- RECUIRED RESERVES 5466 5105 8586 7065 6570 7370 8170 8970 ----- ----- ----- ----- ----- ----- ----- ----- EXCESS CASH 1798 1200 1234 1472 1670 1835 1730 111946 CUMULATIVE ACOUISITIONS 9862 20862 25862 35712 45012 54512 6062 74512 CASE NO. 11 NROSD CASH FLOW PROJEC710N 10/27/92 1992-93 TO 1999-0' ( THOUSANDS) 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-00 ----- ----- ----- ----- ----- ----- ----- ----- BEGINNING CASH 9492 7264 7218 6259 5578 6778 7882 8737 TAX REVENUE 9765 9402 9382 10039 10741 11493 12298 13159 GRANT RECEIPTS 289 300 315 331 347 365 383 402 JOINT PROJECTS 500 150 300 350 450 INTEREST INCOME 450 300 325 325 350 350 400 450 OTHER INCOME 493 4515 546 579 613 650 689 731 ---- ---- ---- ---- ---- ---- ---- ---- SUBTOTAL REVENUES 10997 14517 10568 11773 12202 13158 %120 15191 OPERATING EXPENSES 5000 4815 5152 5513 5899 6311 6753 7226 BUILDING IMPROVEMENTS 753 DEBT SERVICE-OLD 5210 53i9 5301 5878 7421 4361 3675 3731 DEBT SERVICE-NEW 529 874 874 1702 2082 2887 364 ---- ---- ---- ---- ---- ---- ---- ---- TOTAL DEBT SERVICE 5210 5848 6175 6752 9123 6443 5562 7372 ---- ---- ---- ---- ---- ---- ---- ---- SUBTOTAL EXPENSES 1C963 ' ,327 12265 15022 12754 13315 14598 ---- ---- ---- ---- ---- ---- ---- ---- OPERATING CASH FLOW -7159 -491 -2819 4C, 805 593 ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- LAND CONTRACTS 0 3000 0 1880 -4600 0 0 BOND ISSUES (NET) 7300 7780 10670 11700 7800 9750 FED LAND BANK PAYMENTS 200 2000 200 LAND PURCHASES: TOP PRIORITY 7297 5000 8850 300 ALREADY APPROVED 2565 OTHER LAND 700 2750 11000 7750 9500 ---- ---- ---- ---- ---- ---- ---- ---- TOTAL LAND ACQUIRED 9882 67C0 0 8850 3050 ;1C00 7750 9500 ----- ----- ----- ----- ----- ----- ----- ----- ENDING CASH 7264 7218 6259 6578 6778 7882 8737 9580 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- REOUIRED RESERVES 5466 5466 5466 61,06 5290 6250 5890 7690 ----- ----- ----- ----- ----- ----- ----- ----- EXCESS CASH 1798 752 793 472 1488 1632 1847 1890 CUMULATIVE ACOUISITIONS 9852 16562 16582 25412 28452 39462 47212 58712 ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- ----- Open Space 0111�41 .............. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-111 Meeting 92-26 November 4, 1992 AGENDA ITEM Proposal for Sale of Surplus Real Property at Teague Hill Open Space Preserve GENERAL MANAGER' S RECOMMENDATION Adopt the attached resolution declaring the District's intention to sell surplus real property pursuant to Public Resources Code Section 5540 et seq. (Teague Hill Parcels) . Discussion: At your May 25, 1988 meeting you adopted Resolution 88-20 (see report R-88-59 , dated May 15, 1988) approving the acquisition of the Willen Corporation' s 63 . 158% interest in the 624-acre property that became Teague Hill Open Space Preserve. You withheld the property from dedication as public open space until the outcome of further acquisition negotiations was known and until the final determination on a potential partial development proposal was made. At your July 27, 1988 meeting you adopted Resolution 88-34 (see report R-88-87 , dated July 18, 1988) authorizing the acquisition of the Block Bros. Industries 36.842% interest in the same 624-acre property, again withholding the property from dedication as public open space. At that time, you determined that a portion of the property should be sold for development to recapture part of the $7, 500, 000 purchase price to help fund other critical open space acquisition projects throughout the District. You identified two 35± acre parcels that could be sold (see attached map) . When the Town of Woodside was notified that a portion of the property was to be sold, the town council attempted to form an assessment district to acquire the property by placing Measure' G on the local ballot. on October 23 , 1991, you adopted Resolution 91-35 (see report R-91-124 of October 17 , 1991) in support of Measure G. As part of your action, you resolved to sell the property at public auction if the funding measure was unsuccessful, which it was. Woodside is no longer interested in acquiring the property, and it is necessary to auction these parcels as planned. Although the local real estate market has been flat since subject property was appraised in December, 1989 , Woodside property continues to be popular. The state budget crisis makes our $6, 000, 000 commitment to the Phleger acquisition problematical, 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 @ General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert M(Kibbin,Tee,na Henshaw,Gin ny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop R-92-111 Page 2 a substantial portion of that obligation. The appraisal of the two sites, each with a current development density of three residential sites, indicates a minimum value of $1, 500, 000 for Parcel I and $2, 000, 000 for Parcel II. (See attached general information sheet. ) Board authorization for the sale is recommended now so that staff might complete the necessary preparatory work in time for an auction date on April 14 , 1993 . Prepared by: L. Craig Britton, Assistant General Manager Contact person: same as above RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DECLARING INTENTION TO SELL SURPLUS REAL PROPERTY OF THE DISTRICT PURSUANT TO PUBLIC RESOURCES CODE SECTION 5540 ET SEQ. (TEAGUE HILL PARCELS) 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 find and determine the real property located in Woodside, California and legally described in the attached Exhibit "A, " is not dedicated as public open space and is not needed for public use by the Midpeninsula Regional Open Space District. Section Two. The Board of Directors hereby declares its intention to sell said surplus real property at public auction to the highest responsible proposer or oral bidder for cash in accordance with Public Resources Code Section 5540 et seq. A sealed proposal or oral bid shall be considered responsible if it substantially complies with the requirements set forth herein. Section Three. The minimum acceptable offer for said surplus real property shall be One Million Five Hundred Thousand Dollars ($1, 500, 000) for Parcel I and Two Million Dollars ($2 , 000, 000) for Parcel II . Section Four. Said surplus real property is to be sold "as is, " subject to the terms and conditions set forth in the "Offer to Purchase Real Property and Purchase and Sale Agreement" attached hereto as Exhibit "B" and to the "Bidding Procedures" attached hereto as Exhibit 11C. " Section Five. No real estate sales commission or finder' s fee of any type shall be paid by the District in this transaction. Section Six. A public hearing will be held for the purpose of conducting the sale of said surplus real property at public auction. The public auction shall be held on April 14 , 1993 at 7 : 30 P.M. , or as soon thereafter as the hearing may be held, in the Board Room at Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 . Section Seven. All sealed proposals must be received in the office of Midpeninsula Regional Open Space District at 330 Distel Circle, Los Altos, CA 94022 on or before 7 : 30 P.M. on April 14 , 1993 . Sealed proposals must by submitted in the form provided by the District attached hereto as Exhibit "B" and entitled "Offer to Purchase Real Property, and Purchase and Sale Agreement, " signed by RESOLUTION 92- Page 2 the proposer and accompanied by a cashier ' s check or certified check, payable to the Midpeninsula Regional Open Space District, in the amount of Fifty Thousand Dollars ($50, 000) as part of the deposit to be applied toward the purchase price. The form to submit a proposal shall be obtained by calling or writing: L. Craig Britton, Assistant General Manager Midpeninsula Regional open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 Section Eiqht. The Board of Directors, upon recommendation of the General Manager or the Assistant General Manager, reserves the right to reject any and all proposals or bids, determine whether or not proposals or bids are responsible, waive any informality or irregularity in any proposal or bid, or accept any proposal or bid deemed to be in the best interest of the District. Section Nine. In the event the successful proposer or bidder refuses to execute said Agreement at the conclusion of the auction, he/she shall forfeit the right to purchase the property and the Board of Directors, upon recommendation of the General Manager or the Assistant General Manager may, at its discretion, reopen the auction and select the second highest proposer or bidder for the purchase of said surplus real property who will be required to execute said Agreement and comply with the terms of the purchase and sale agreement. Section Ten. That the District Clerk shall be, and is hereby, authorized and directed to give public notice of the designated time and place for holding said hearing to sell said surplus real property at public auction by posting copies of the Resolution and by advertising the auction in two (2) journals. EXHIBIT A Page 1 of 2 EXHIBIT A DESCRIPTION OF PROPERTY Real property situate in the Town of Woodside, County of San Mateo, State of California, being a portion of the Lands of the Midpeninsula Regional Open Space District, a public agency, as described in "Parcels I and III" in the Grant Deed Two recorded June 17 , 1988 under Document Number 88076581, Official Records of San Mateo County, and described as follows: PARCEL I • Beginning at the southwesterly corner of Lot 5, Block 4 , as shown on the map of Tract No. 714 entitled "Woodside Oaks Unit No. 211 filed April 7 , 1955 in Volume 42 of Maps at pages 5 through 8 , Official Records of San Mateo County; thence along the exterior boundary of said Tract the following six (6) courses; 1) North 6114010011 East 290 . 00 feet; 2) North 4403010011 East 298 . 00 feet; 3) North 0100010011 East 322 . 00 feet; 4) South 7012710911 East 283 . 95 feet; 5) South 4405913811 East 491 . 99 feet; 6) South 2803010011 East 375 . 12 feet; thence leaving said Tract boundary the following five (5) courses: 1) South 3202010011 West 886 . 17 feet; 2) South 8300510011 West 690. 00 feet; 3) North 8500110011 West 255 . 00 feet; 4) North 5902710011 West 365 . 00 feet; 5) North 3203510011 East 860 . 00 feet; to the point of beginning of the description; containing 35. 553 acres, more or less. EXHIBIT A Page 2 of 2 PARCEL II Beginning at the northwesterly corner of Lot 1, Block 3 , as shown on the map of Tract No. 714 , entitled "Woodside Oaks Unit 211 filed April 7 , 1955 in Volume 42 of Maps at pages 5 through 8 , Official Records of San Mateo County; thence along the exterior boundary of said Tract the following four (4) courses: 1) South 1605010011 East 120 . 00 feet; 2) South 3300010011 West 76. 00 feet; 3) South 6601510011 East 416 . 00 feet; 4) South 7204010011 East 635 . 13 feet; thence leaving said Tract boundary the following six (6) courses: 1) South 1801010011 West 443 . 03 feet; 2) South 7502010011 West 1070 . 00 feet; 3) North 7401010011 West 705 . 00 feet; 4) North 0304510011 East 835 . 00 feet; 5) North 5805010011 East 370. 00 feet; 6) North 8805010011 East 500 . 00 feet; to the point of beginning of the description; containing 35 . 983 acres, more or less . EXHIBIT B Page 1 of 11 OFFER TO PURCHASE REAL PROPERTY AND PURCHASE AND SALE AGREEMENT TEAGUE HILL PARCEL SALES This is intended to be a legally binding contract. Read it carefully prior to signing it. ("Buyer") , hereby offer (s) to purchase from the Midpeninsula Regional open Space District, a public agency of the State of California, ("District") , the real property described in Attachment A ("the Property") , under the terms and conditions set forth below: 1. Purchase Price: The purchase price of the Property shall be: for Parcel I ($ for Parcel II ($ payable as follows: a. Fifty Thousand Dollars ($50, 000) by cashier' s check or certified check, upon execution of this Agreement, payable to the Midpeninsula Regional Open Space District as a portion of the deposit to be applied toward the purchase price; b. ($ which is the amount required to increase the deposit to an amount equal to ten percent (10%) of the purchase price, to be deposited in escrow on or before 4 : 00 P.M. , Wednesday, May 5, 1993 ; c. The balance of the purchase price to be deposited in escrow on or before 4 : 00 P.M. , Wednesday, June 23 , 1993 . 2 . Escrow: This transaction shall be consummated through an escrow established with I of California. EXHIBIT B Page 2 of 11 Unless previously extended in writing by Buyer and District, the escrow shall close not later than Wednesday, June 30, 1993 . Escrow shall be considered closed when the deed to the Property is recorded. Within two (2) days after execution of this Agreement by District, each party shall execute and deliver to the escrow holder its written instructions consistent with the terms and conditions of this Agreement. The parties shall provide the escrow holder with such other information, documents, and instruments as the escrow holder may reasonably require to enable it to close escrow on or before Wednesday, June 30, 1993 . The manner of taking title shall be designated by Buyer in the escrow instructions. If the designated escrow holder is unable or unwilling to act, Buyer shall designate another escrow holder subject to District ' s written approval, which shall not be unreasonably withheld. 3 . Deed: District shall convey the Property to Buyer by Grant Deed. District shall deliver the Grant Deed to the escrow holder within two (2) days after the deposit of the funds amounting to the full purchase price. 4 . Title: Title is to be free of liens, encumbrances, easements, restrictions, rights and conditions or known to District, other than the following: a. Existing recorded easements, encumbrances and mineral rights reservations. b. Covenants, conditions, restrictions, and public EXHIBIT B Page 3 of 11 utility easements of record, if any. C. The requirement for a public trail connection for local access to the District ' s adjoining Teague Hill Open Space Preserve as approved by District and the Town of Woodside. 5 . Closing Costs; District shall pay the cost of preparing, executing, acknowledging and delivering the deed. Buyer shall pay all recording fees, escrow fees, the premium for the title insurance policy, all fees and costs for any new financing, and shall pay any transfer taxes . 6. "As Is" Clause: Buyer acknowledges that Buyer is purchasing the Property solely in reliance on Buyer' s own investigation, and that no representations or warranties of 'any kind whatsoever, except as might be contained herein, express or implied, have been made by District or its agents. Buyer further acknowledges that Buyer is aware of all zoning and other governmental regulations, site and physical condition, and other matters affecting the use and condition of the Property. 7 . Miscellaneous Provisions : (i) Assignment: Buyer shall not assign this Agreement without prior written consent of District. (ii) Possession: District shall deliver possession of the Property to Buyer on the date the deed is recorded. (iii) Binding on Successors: This Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors and assigns. (iv) Captions: The caption headings of the sections of this Agreement are for convenience only and shall not be EXHIBIT B Page 4 of 11 considered to limit, expand, or define the contents of their respective sections. (v) Gender/Number: The masculine, feminine, or neuter gender and the singular and the plural number, shall each be considered to include the other whenever the context so requires. (vi) Choice of Law: This Agreement shall be interpreted under California law and in accordance with its fair meaning, and not in favor or against any party. (vii) Prior Agreements: This Agreement constitutes the entire Agreement between the parties and supersedes all prior discussions, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. (viii) Real Estate Brokers: District shall not pay commissions or fees to any real estate broker, finder, or any other person, with respect to this Agreement or the Property. (ix) Joint and Several Liability: If Buyer consists of more than one person, each of such persons shall be jointly and severally liable hereunder. (x) Waiver: No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. (xi) Notices: All notices, demands, requests, EXHIBIT B Page 5 of 11 consents, approvals, waivers, or communications ("notices") that either party desires or is required to give to the other party or any other person shall be in writing and either personally served or sent by prepaid postage, first class mail . Notices shall be deemed communicated forty-eight hours (48) from the time of mailing if mailed as provided in this Section. Notices shall be addressed as appears below for each party, provided that if either party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: Herbert Grench, General Manager (4 15) 6 9 1-12 00 FAX: (415) 691-0485 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX: (415) 327-9151 Buyer: At the address specified under Buyer ' s signature below. (xii) Other Terns: Clauses, plats, exhibits and riders, if any, initialed and dated by the parties and endorsed on or affixed to this Agreement are a part hereof . (xiii) Authority of Parties : (a) Corporate Authority. If Buyer is a corporation, each party executing this Agreement on behalf of the corporation represents and warrants that he or she is duly authorized to execute and deliver EXHIBIT B Page 6 of 11 this Agreement on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of the corporation or in accordance with the by-laws of the corporation, and that this Agreement is binding upon the corporation in accordance with its terms. (b) Partnership or Unincorporated Association. If Buyer is a partnership or other unincorporated association, each party executing this Agreement on behalf of the partnership or other association represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of the partnership or association, in accordance with the partnership or the agreement of said association. (c) Authorized Representative of the Midpeninsula Regional Open Space District. The General Manager or Assistant General Manager of the District shall be the only authorized agent of the Midpeninsula Regional Open Space District (District) EXHIBIT B Page 7 of 11 for purposes of giving any notices, exercising any rights or options of District under this Agreement, and executing any documents required in this transaction, except this Agreement and the deed conveying the Property. This Agreement and the deed conveying the Property shall be valid only when executed by the President of the Board of Directors or other authorized officer of the District pursuant to a resolution adopted in accordance with the California Government Code. (xiv) Execution in counterparts: This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be considered as one document. (xv) Time is of the Essence: Time is of the essence of this Agreement and failure to comply with this provision shall be a material breach of this Agreement. (xvi) Liquidated Damages: In the event Buyer shall fail for any reason to take all steps necessary to complete the transaction and close escrow, then the deposit made under paragraph 1 (a) above shall be retained by District as liquidated damages, it being EXHIBIT B Page 8 of 11 hereby agreed by the parties that in such event it would be impracticable or extremely difficult to fix the amount of District' s actual damages. - Initialed for District - Initialed for Buyer 8 . offer: The undersigned Buyer offers and agrees to buy the Property on the terms and conditions stated in this Agreement and acknowledges having read and received a copy of the Agreement at the time of execution. Buyer' s signature hereinbelow constitutes an offer to District to purchase the Property on the terms and conditions set forth hereinabove. This offer shall remain irrevocably open for thirty (30) days. If it is not accepted by District within the specified time, it shall be considered automatically revoked, and District shall return the deposit to Buyer immediately. if District accepts this offer within the specified time, communication of the acceptance to Buyer shall be satisfied if District ' s agent notifies Buyer in writing of the acceptance within the specified time and delivers within seven (7) days, in person or by United States mail, one copy to each Buyer and the escrow holder of this Agreement executed by District, together. with copies of the resolution authorizing the execution of the Agreement. ...................... EXHIBIT B Page 9 of 11 Dated• 19 Buyer: Buyer: Address Address 9 . Acceptance: The undersigned District accepts the foregoing offer to purchase the Property and agrees to sell the Property to Buyer on the terms and conditions specified. District: Midpeninsula Regional open Space District By: President of the Board of Directors Attest: Clerk of the District Resolution No. Adopted: , 19 EXHIBIT B Page 10 of 11 ATTACHMENT 1 DESCRIPTION OF PROPERTY Real property situate in the Town of Woodside, County of San Mateo, State of California, being a portion of the Lands of the Midpeninsula Regional Open Space District, a public agency, as described in "Parcels I and III" in the Grant Deed Two recorded June 17 , 1988 under Document Number 88076581, Official Records of San Mateo County, and described as follows: PARCEL I • Beginning at the southwesterly corner of Lot 5, Block 4 , as shown on the map of Tract No. 714 entitled "Woodside Oaks Unit No. 211 filed April 7 , 1955 in Volume 42 of Maps at pages 5 through 8 , Official Records of San Mateo County; thence along the exterior boundary of said Tract the following six (6) courses; 1) North 6104010011 East 290. 00 feet; 2) North 4403010011 East 298 . 00 feet; 3) North 0100010011 East 322 . 00 feet; 4) South 7002710911 East 283 . 95 feet; 5) South 4405913811 East 491 . 99 feet; 6) South 2803010011 East 375. 12 feet; thence leaving said Tract boundary the following five (5) courses: 1) South 3202010011 West 886 . 17 feet; 2) South 8310510011 West 690. 00 feet; 3) North 8510110011 West 255. 00 feet; 4) North 5912710011 West 365 . 00 feet; 5) North 3203510011 East 860. 00 feet; to the point of beginning of the description; containing 35. 553 acres, more or less. EXHIBIT B Page 11 of 11 ATTACHMENT 1 (Cont 'd. ) PARCEL II Beginning at the northwesterly corner of Lot 1, Block 3 , as shown on the map of Tract No. 714 , entitled "Woodside Oaks Unit 211 filed April 7, 1955 in Volume 42 of Maps at pages 5 through 8, Official Records of San Mateo County; thence along the exterior boundary of said Tract the following four (4) courses: 1) South 1605010011 East 120. 00 feet; 2) South 33000100ll West 76 . 00 feet; 3) South 6601510011 East 416 . 00 feet; 4) South 7204010011 East 635 . 13 feet; thence leaving said Tract boundary the following six (6) courses: 1) South 180101001, West 443 . 03 feet; 2) South 7502010011 West 1070. 00 feet; 3) North 740101001, West 705 . 00 feet; 4) North 0304510011 East 835 . 00 feet; 5) North 5805010011 East 370. 00 feet; 6) North 8805010011 East 500 . 00 feet; to the point of beginning of the description; containing 35 . 983 acres, more or less. EXHIBIT C Page 1 of 2 TEAGUE HILL SITE SALES BID PROCEDURES State statutes governing the sale of Midpeninsula Regional open Space District surplus real property provide for the acceptance by the Board of Directors, upen recommendation of the General Manager, or Assistant General Manager, of sealed written offers to purchase. Once written offers are opened the Board accepts oral bids. Following are the procedures for the auction. 1. All sealed proposals must be actually received in the office of Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022 , by 7 : 30 P.M. on April 14, 1993 . 2 . Sealed proposals must be submitted on the form provided by the District, entitled "Offer to Purchase Real Property and Purchase and Sale Agreement, " signed by the proposer and accompanied by a cashier ' s check or certified check, payable to Midpeninsula Regional Open Space District, in the amount of Fifty Thousand Dollars ($50, 000) as part of the deposit to be applied toward the purchase price. Because all offers must conform to the terms and conditions approved by the Board of Directors, the form to submit a proposal must be obtained from the undersigned. 3 . A person who desires to make an oral bid must be present at the auction. If a bidder is representing another party, proof of capacity to act on the party' s behalf will be required at the time of registering. 4 . At the auction, prior to the opening of the proposals, anyone who wishes to make an oral bid must register with the District representative outside the Board Room. Registration will begin at 7 : 00 P.M. and will conclude when the Board calls its meeting to order (approximately 7 : 30 P.M. ) . No one may register to bid without having a $50, 000 deposit in the form of a cashier ' s check or certified check payable to Midpeninsula Regional. Open Space District. If a written proposal has been submitted, it is still necessary to register to bid prior to the auction. 5. All qualified bidders wishing to make an oral bid will be given a card with a number on it to be raised when making a bid. EXHIBIT C Page 2 of 2 BID PROCEDURES (continued) 6. At 7 : 30 P.M. (or as soon thereafter as possible) on the day of the auction sealed proposals will be opened, examined and declared. After declaring the highest responsible sealed proposal, if any are received, the Board of Directors, upon recommendation of the General Manager, or the Assistant General Manager will call for oral bids. If any written proposals are received, the opening oral bid must exceed by five percent (50) the highest sealed proposal . If no written proposals are received, the opening oral bid must be at least One Million, Five Hundred Thousand Dollars ($1, 500, 000) for Parcel I and Two Million Dollars ($2 , 000, 000) for Parcel II . The sequence of the auction will be Parcel I followed by Parcel II. 7 . After the call for oral bids, the Board of Directors, upon recommendation of the General Manager, or other authorixed officer may accept the highest responsible proposal or bid. If an accepted offer is an oral offer, the successful bidder will be required to sign the Purchase and Sale Agreement in the form attached as Exhibit B to the Resolution of Intention (Offer to Purchase and Purchase and Sale Agreement) immediately following the auction. 8 . Unsuccessful bidders will receive their deposits back at the conclusion of the auction. 9 . In the event the successful proposer or bidder refuses to execute the Purchase and Sale Agreement at the conclusion of the auction, he/she shall forfeit the right to purchase the Property and the Board, upon recommendation of the General Manager, or the Assistant General Manager may, at its discretion, reopen the auction and select the second highest proposer or bidder for the purchase of the Property, who will be required to execute said Agreement and comply with the terms of the Purchase and Sale Agreement. For additional information or to obtain a proposal package contact: L. Craig Britton, Assistant General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 (FAX) Open Space .9 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE Of-, PUBLIC AUCTIO\ VACANT RESIDENTIAL LAND The '�Iidpeninsula Regional Open Space District is proposing to sell at public auction twt--) %'acant parcels of land (Parcel I comprising appro-xiniately 35 . 553 acres and Parcel !I comprising approximately 35 . 983 acres) located off Tripp Road in the town of Woodside . A map is attached showing the locations . General information concerning the property and auction is included in this package . An outline of the terms of the sale is attached . If vou would like additional information and a bid package , please contact : L . Craig Brittc.)n , Assistant General 'Tanager %fidpeninsula Regional Open Spare District 330 Distel Circle Los Altos , CA 94022 (415) 691-1200 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,Cinny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92- 114 Meeting 92-27 November 4 , 1992 AGENDA ITEM Informational Report to the Board on the Public Affairs Plan and Program Implementation GENERAL MANAGER' S RECOMMENDATION Confirm the general approach, direction and scope (pending budget considerations) of the draft public affairs plan. This report is for the Board ' s information and for its input and comment on the components and general approach of the public affairs plan. After your input is incorporated into the plan, this issue will return to the Board for review and endorsement. Various levels of implementation are being developed in order to take into account the District ' s current budget considerations . Discussion 1 . Background Preparation of a comprehensive public affairs plan was started in July, 1992 . The plan before you now is designed to be consistent with the District ' s Basic Policy Objective on communications , and goes beyond that to spell out a more specific communications objective , as well as goals and strategies for the entire program. Taking into account the District ' s uncertain economic climate , the plan is also flexible and adaptable to changing circumstances . While one goal for the District ' s public affairs program is a successful funding measure in 1994 , this plan outlines many of the public/community relations actions that the District should undertake, even in the absence of such a measure. The plan takes into account earlier communications strategy discussions , including committee meetings and workshops held in the fall of 1991 , and strategic plan activities . 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 1$ General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop TEAGUE HILL SITE SALES TERMS OF SALE Auction Date April 14, 1993 Minimum Bid Parcel I, $1, 500, 000 (One Million, Five Hundred Thousand Dollars) Parcel II, $2 , 000, 000 (Two Million Dollars) Deposit $50, 000 on day of auction, increase to 10 percent of purchase price by May 5, 1993 . Balance Due Balance of Purchase Price is due on June 23 , 1993 . Escrow To be opened by buyer at a title company of buyer ' s choosing and acceptable to District. Close of Escrow No later than June 30, 1993 Escrow Fees/Transfer Tax All fees to be paid by buyer. Default If the buyer defaults in the purchase transaction, $50, 000 will be retained as liquidated damages. Commission The District will not pay any type of commission or finder' s fee. TEAGUE HILL SITE SALES GENERAL INFORMATION Assessor ' s Parcel ;umber : 072-100-02 (portion) Legal Description : available on request Size : Parcel 1 35 . 553 , acres more or less Parcel II35 - 983 , acres more or less Improvements : none Zoning : SCP-10 (10 acre minimum) Zoning Jurisdiction : Town of Woodside ,11nimum Bid : Parcel 1 , $1 , 500 , 000 Parcel 1! , $2 , 000 , 000 Auction Date : April `14 ; 1993 Utilities : Since there is development in the area , it is assumed that utilities are available to the sites . For particulars , contact the following : Water - California Water Service Gas and Electric - P G & E Telephone - Pacific Bell Sewer - none Access : Parcel I , Pinto Wav Parcel !I , Summit Springs Road Title Condition : Preliminary title report available on request Terms of the Sale : Attached MWPEN1N5UI.A K11610NAL, OPEN SPACE DIS t-it-f Teague Hill Open Space Preserve f r: w W t - .. GS D . v KIN MOUNTAIN ROAD ,, � f� (1�, , � " 7� • ," f t , HUDDARtT COUNTY PARK PURISIMA CREEK REDWOODS C_ tt A l�' ... .• , ,; OPEN SPACE PRESERVE N.j% `:�-7 �1 �. `f ,i ,tf 1 i i �� i j _ i .�� Fs��ll��j` , r. �tf.171J L3 M VJAt ;r< O joo r r t + - 1 'PARCEL ONE PARCELTW MOM 'Hill, SAN MATEO COUNTY 1900 "RIDING & HIKING TRAIT_ \ - , t-tJ I, SKYLINE BLVD. 'i Ilk L CORTE DE MADERA ,' , PEN SPACE PRESERVE '_ SKEGGS POINT4 RL �° `� i ¢0 WUNDE i, ICH,' 'COUNTY PARK i J , , �1 �2 �I. SOLD OCTOBER 4, 1991 NOTE: TO BE SO �, R-92-114 Page 2 2 . Features The plan segments the critical target audiences that need to be reached, and outlines goals and specific strategies for each target, as well as a general timeline for implementation. The target audiences include: District residents who are unaware of the District; the media; elected officials within the District; private sector opinion leaders; original supporters/founders; students and educators; environmental , conservation and other related organizations; existing visitors and supporters . The target audiences may be modified depending on the results of a proposed public opinion survey proposed for spring of 1993 . Six key messages have been developed that should be expressed to each target audience: 1 . The background, mission and general information on the MROSD; 2. The accomplishments and successes of the MROSD; 3 . How the MROSD has effectively and efficiently used/leveraged the public ' s money; 4 . How the MROSD is (and will continue) improving the quality of life for residents within the District - the benefits of open space to individual residents; 5. Why the MROSD is in need of additional funding; 6 . What the public will get, specifically, for its support for additional funding. The implementation of the plan is separated into two broad phases - September 1992 through December 1993, and January 1994 through June or November 1994 (depending on when a measure is placed on the ballot) . Evaluation of the program will be via ongoing tracking of the quantitive aspects of each goal , as well as proposed interim and wrap-up surveys to complement the baseline public opinion survey. 3. Status and Proposed Action/Implementation Input to the plan was provided by the management team and by individuals representing staff from all programs . The document was then finalized into the plan now before you. Several of the strategies have already been implemented, such as the collateral materials review and update, the media contact, list work and planning for the 20th Anniversary. Implementation of other aspects will begin following the Board' s review. R-92-114 Page 3 4. Impact On Staff Time As you will note, many of the proposed activities are staff intensive, rather than pr6duction-oriented. Therefore, time commitments of not only public affairs staff , but also Directors , management team members , other program staff and volunteers will be necessary for success . Within the public affairs program, the plan implementation will require 100% of the work hours for two full time employees , with a possible third (or equivalent) added in 1993. Prepared by: Malcolm Smith, Public Affairs Manager Contact: Same as above Draft Public Affairs Plan for the Midpeninsula Regional Open Space District Basic Policy Objective "The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communication and involvement in District Activities. " (Basic Policy Objective #4 from Draft Strategic Plan, dated July 29. 1992) Situation Analysis Now in its 20th year, the District has proven to be a great success. It has acquired 35,000 acres of open space, opened to the public 23 preserves and over 250 miles of trails, and permanently preserved the scenic backdrop for much of northwestern Santa Clara County and southern San Mateo County. The District's docent programs "play" to capacity crowds, and the volunteer programs effectively augment operations. The District's stewardship of the public's money and lands is exemplary, as evidenced by the thousands of people who use the preserves every week, and by those that actively support the District's goals and objectives. Clearly, the District has successfully carried out the tasks and reached many of the goals set forth at its inception. Today, the District faces a number of new challenges and opportunities. To move into the second 20 years and continue our policy of maximizing land acquisition and maintaining/improving the preserve facilities, secure funding has now become the major priority. This need is especially critical in light of the State's budget problems, and the general economic environment in the Bay Area, the State and the country as a whole. 1 To achieve the level o. public awareness and support i._.zssary to achieve its short- and long-term goals, the District needs to carry out the following Communications Objective: "Generate additional public support for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. " By successfully carrying out the strategies related to this objective, the District will gain the maximum level of "top of mind" positive awareness, name recognition and recall -- all of which will lead to a wider base of support, which is critical for any future funding measure, but which is also important in and of itself. The public has the right to know, and the need to know of the successes of the District, to be aware of and provide input to decisions, and to share in those decisions and the resulting accomplishments. A sense of urgency must be expressed to the audiences. The future of open space depends on the actions we take today. A balance must be struck between publicizing the District's facilities to the necessary degree, and maintaining visitor use at a manageable level. Increased awareness of the District and its facilities will lead to increased usage and land management costs. It is nonetheless necessary to raise the overall level of awareness among the general population, if the District's goals are to be achieved. There is an obvious risk involved; however, the payoff may be deemed well worth the possible land management cost increases due to higher awareness. With that in mind, this will be a broad-based program concentrating on a wide reach through a variety of mediums. Any special events or site-specific outreach should concentrate on preserves that will best accommodate an increase in use (Site Emphasis Policy). Research needs to be performed on at least three bases: first, a general survey (detailed in a later section); second, we need to find out what other possibly competing issues are under consideration for the ballot in 1994; and lastly, what kind of organized challenges to a funding measure might we expect. 2 In general, many of ti.„ proposed activities are staff int__.sive, rather than production-oriented. This fact will be critical to the efficient budgeting for this program, but will, of course, have its own set of resource and staff-time issues. Significant time commitments of Directors, Management Team members, staff and volunteers will be necessary for success. This plan addresses many of the public/community relations actions that the District should take regardless of whether or not a funding measure is placed on the ballot at some future date. The plan does not address the functions that must be undertaken outside the District administration (ie, "Friends of the District" campaign organization). However, through its regular public and community outreach activities, the District should encourage the formation of a separate and autonomous "Friends of the District" organization to explore funding alternatives, including a ballot measure. Ideally, a committee of this sort should be formed no later than mid-1993. Coordination with POST, the new Santa Clara County Open Space Authority and other organizations will be crucial. The plan takes into account earlier communications strategy discussions, including committee meetings (June 1 and May 22, 1991), and workshops (October, 1991), and is consistent with the District's draft strategic plan dated July 29, 1992. In addition to following the strategic plan's Basic Policy Objective #4, this public affairs plan includes the implementation of many tasks from the 1991 committee meetings and workshops. Budget note: this plan includes estimated costs for each of the proposed tasks. The dollar amounts provided are based on full implementation of each task. However, in light of recent developments in the District's budget situation, alternative levels of implementation will be considered. These alternatives are being developed in conjunction with other budget plans for all District programs. 3 i i Target Audiences 1. District residents who are unaware of District programs and facilities (Includes specific ethnic communities to be identified) 2. Media (editorial/general coverage) Print: San Jose Mercury News Peninsula Times Tribune Palo Alto Weekly Los Gatos Weekly Times Saratoga News Cupertino Courier Los Altos Town Crier Redwood City Almanac Country Almanac The Metro San Mateo Times The Business Journal Belmont/San Carlos Enquirer San Fransisco Chronicle San Francisco Examiner The View (Mountain View) Sunnyvale Valley Journal (also appropriate regional or national magazines such as Sunset, Peninsula, etc.) Electronic: KNTV 11 KICU 36 KRON 4 KGO 7 KPIX 5 KCBS, KGO, KLIV radio 3. Elected officials at the local, state and federal levels within the District/sphere of influence 4 4. Private sector "opinion leaders" throughout the District Corporate Service Organizations Chambers of Commerce 5. Original supporters, ie, founders of the Open Space District (critical for assistance with bond measure) 6. Students/educators: Selected elementary, junior high and senior high schools within the District All colleges within District 7. Environmental/conservation/youth/parks organizations 8. Existing visitors, contributors, user groups, preserve neighbors, and supporters of the District's programs/facilities Key messages for all target audiences: 1. Background/mission/general information on the MROSD 2. Accomplishments and successes of the MROSD 3. How the MROSD has effectively and efficiently used/leveraged the public's money 4. How MROSD is (and will continue) improving the quality of life for residents within the District - what are the benefits of open space to individual residents 5. Why the MROSD is in need of additional funding 6. What the public will get, specifically, for its support for additional funding. 5 Phasing Of Strategies Phase I -- September 1992 through December 1993: This phase will build a base of support, hopefully bringing together many of the individuals who will actively join in future efforts, as the election grows nearer. In general, it will include contact with each of the target audiences, with an early emphasis on those that can be solicited to cta ively participate and work toward a successful election outcome (primarily target audiences 5, 7 and 8) Phase II -- January 1994 through June or November, 1994: This phase will include maintaining and re-contacting all target audiences, with a stronger focus on the broader segments (target audiences 1, 2, 3, 4, 6). Those active supporters gained in Phase I can be used to assist in reaching more people in Phase H. While there may be a relative emphasis on certain target audiences during each phase, it should be noted that aggressive outreach will be performed toward all target audiences during both phases. Evaluation Of Public Affairs Campaign If resources permit, an interim (late 1993) survey should be conducted to evaluate the effectiveness of the campaign. This will allow the District to make any necessary changes to the campaign while there is still time for adjustment before the proposed 1994 survey and the election. As the campaign progresses, all quantitative aspects of the goals will be tracked, to provide a running score on how well we are reaching our audiences. In any event, following the 1994 election a wrap-up survey should be taken to judge the overall effectiveness and the degree to which the individual goals were met. It may be argued that the outcome of the election will be the most critical, or only, evaluation of the program. However, success of the individual strategies and goals must also be measured to gain a comprehensive evaluation of the long term success of the entire program. 6 gStrateg iestr ReachingThe Tar ePAudiences 1. District residents who are unaware of District programs Goal: Create a medium level of positive awareness and recall among the general District population, by June or November, 1994 (Note: for the purposes of this plan, a "medium level of positive awareness" will equal a 50% increase above the baseline level of positive awareness) There have been discussions on the need for a baseline survey of the general District population to determine the potential for a successful ballot measure. The first of two surveys should be done in spring of 1993 to accurately gauge the general level of awareness and the degree of improvement necessary for success. The survey should test awareness, perception, usage, potential for a positive vote, and the degree of opposition expected. A second survey should be performed in early 1994, and will assist in making the final desision on whether or not to attempt a ballot measure. If resources permit, an interim survey in late 1993 should be performed to gauge the effectiveness of the campaign, and allow for adjustments to the strategies. A "wrap-up" survey should be considered following the election in 1994. In addition, a visitor profile should be prepared through written surveys to be made available at the preserve trailheads. Statistics on frequency, location and type of usage will be valuable in targeting additional audiences for outreach at a later date. The strategies suggested in later sections for reaching all other target audiences will also reach this broad audience segment. In addition to the strategies noted under other audiences, the District should: For immediate and ongoing implementation: Review and modify slide show for presentations to groups in all targets. Update/revise display boards. Compile lists of bicycle, horse, and hiking clubs and retail stores; use as a channel for information distribution and to gain volunteers. Organize and schedule presentations to interested homeowner, neighborhood and senior citizen groups. 7 Ensure that the ..tstrict has a presence at all org,...tzed uses of historic buildings on District property (provide our collateral materials, mention the District in their collateral materials, etc.); improve signage at these sites to maintain awareness of District involvement. Use the display boards/collateral materials distribution at libraries, shopping malls, government building lobbies, and city or county public events, such as 4th of July festivals, Art & Wine festivals, and other community events; utilize docents and volunteers where feasible. Develop additional channels of distribution for the general information brochure in locations where quantities of brochures may be made available to the public, such as libraries, county and city government buildings, chambers of commerce, convention centers, real estate offices, etc. For implementation by the end of 1992: Use the 20th Anniversary events as a means to begin building a higher awareness level among the general population within the District. Develop and maintain mailing lists for possible mailings of short information pieces to a wide range of people within the District. Also categorize by geographic, elected official, public agency/government staff, preserve visitors, etc. Place visitor surveys in trail brochures mailed or handed out from District office or at presentations. Review trailhead information signage and upgrade where feasible. Provide docents with public affairs "key messages" for dissemination during their outreach activities. For implementation in 1993: Organize and schedule five "Meet the District" town meetings, as an opportunity for residents to obtain materials, meet staff, view displays, etc. One meeting per three cities. Plan and implement community events, ie, "Preserve Open House" Consider organ.-.tig a "mystery photo" contest t. _Jh local newspaper) ("Find This Place In Open Space") where readers are asked to identify the location of the mystery photo(s) in a series of newspaper spots. Increase use of the Daniels Nature Center as a distribution point for materials and information. Organize an "Art of Open Space" art/photo competition in cooperation with the Palo Alto Medical Foundation Produce a "threats and opportunities" graphic to depict development pressures and the need for continued support for open space. Consider multi-lingual outreach, where appropriate, and longer term programs consistent with the District's changing demographics. Consider mailing general information brochure to all new residents.. Consider direct-mail piece to all residences in District. For implementation in 1994: Consider including a District informational insert with utility bills in District cities. Consider using pre-movie slide advertising at movie theaters in District. Consider production and sales of District calendar or holiday cards, if self-supporting Consider using bus board advertising (if donated or reduced rate). Collateral materials: Review all existing collateral materials and upgrade as needed Finalize and print general information brochure Produce and distribute collateral materials in second language(s) Examine the need for a new piece directed to non-users Create visitor survey insert card Produce a "key messages" fact sheet for distribution Produce a map or other graphic representation of the development growth/pressures facing the preservation of open space 9 Estimated costs (in addition to other, ongoing public affairs activities): 1992-93 Consultant for two surveys (initial and interim): $12,000 Printing of 10,000 trailhead surveys: $500 Photo enlargements: $500 Additional slides: $300 Initial print order for general info brochure: $5,000 1993-94 Consultant for two surveys (pre- and post-election): $12,000 Consultant fees for "Art of Open Space" event: $5,000 Production of "threats and opportunities" graphic: $5,000 Translation and printing of general information brochure in second language: $1,000 Postage for mass mailings: $50,000 Printing of 500,000 general information brochures: $30,000 Purchase of slide and bus board advertising space: $2,500 10 2. Media Goal: Establish and maintain media relations and obtain positive coverage/news item once per month, on average, through 1994 For immediate and ongoing implementation: Prepare comprehensive media list encompassing the District, its sphere of influence and nearby major urban centers. Establish contact with all media representatives who report on environmental, conservation, nature and government issues (send a letter introducing the new public affairs manager, and make follow up introduction calls to critical media). Create and distribute three public service announcements (one for 20th Anniversary, two generalized); work with electronic media to air public service announcements. Maintain a proactive posture with the media in regards to upcoming issues of concern or controversy, as well as for positive issues. Involve local media in any special events and activities. Establish positive editorial coverage where applicable (on major issues). For implementation by the end of 1992: Develop "metered" press release program, regularly promoting items of interest to various media (primarily print; wider issues will include electronic). 11 For implementation 1 1993: Develop and promote general interest stories to print media; try to get at least one preserve featured (as a story or just an information "box") every month in major papers; promote docent and volunteer programs as human interest stories. Develop outlines and/or write articles for regional and national magazines. Publicize the District's actions to accommodate the physically impaired, and District's work towards ADA goals. Obtain coverage/stories on "Bay Area Backroads" or other tv/radio shows of a similar nature. Collateral materials: Review existing press kit and update/revise as needed. Write "turn-key" articles Produce public service announcements/video news release Estimated costs (in addition to other, ongoing public affairs activities): None 12 3. Elected local, stag and federal officials Goal: Become the recognized experts in, and resource for, open space information; provide information to each elected official twice per year, through 1994 For immediate and ongoing implementation: Organize and schedule informational/update briefings by staff or Director(s) twice a year for the following: City Councilmembers/staff for all cities in District; Board of Supervisor members/staff for three counties in District; State representatives/staffs in District; Federal representatives/staffs in District; Interested board and commission members throughout District. These may take place as luncheon meetings at District offices or as special VIP preserve tours/luncheons hosted by Board members. Provide "one-on-one" meetings with elected officials at their offices, if appropriate. Ensure attendance by staff or Director(s) at major political events involving elected officials. Involve/invite elected officials to all special events/community meetings. Collateral materials: Use existing press/information kits Estimated costs (in addition to other, ongoing public affairs activities): 1992-93 Lunches for briefings: $500 1993-94 Lunches for briefings: $500 13 4. Private Sector Option Leaders Goal: Create a medium level of awareness and recall among the identified opinion leader groups; reach 50% of all service and professional organizations, large corporations and chambers of commerce within the District, by November, 1994 For immediate and ongoing implementation: Service Organizations Speakers Bureau Create list of all service organizations (Kiwanis, Lions, etc.) (Research/obtain from Bay Area Ridge Trail or others) Produce general script for short presentations Create/prepare written information for presentations Examine need for/modify slide show for presentations Identify speakers: Members of the Board Herb Grench John Escobar Craig Britton Malcolm Smith Jean Fiddes Randy Anderson Other appropriate office or field staff Reps from other local Open Space organizations Schedule speakers at groups' meetings on a rotating basis, to cover each club/chapter once per year, with one heavier scheduling timed to occur between May and October, 1994. Implement speaking engagements 14 Corporate Spea,,,-,s Bureau Same as above, except create list of professional organizations, (Peninsula Marcom Assoc, AEA, real estate organizations, etc). Prepare materials, schedule and implement speaking engagements at their meetings. Corporate events Through contacts made above, or through corporate human resources departments (or other contacts available) obtain list of all corporate events (Earth Day activities, Transportation Fairs, Health/Environment Fairs) where a display is appropriate Update display boards, photos and captions Identify staff to attend the events (volunteers/docents/regular staff/light duty operations staff) Schedule Open Space displays at events, or as a stand-alone display in a corporate cafeteria, lobby or other common area (including hotels) Chambers of Commerce Provide display at all chambers of commerce mixers and other appropriate chamber events. Make presentations to chamber executive committees, by General Manager or Director. Utilize chambers as a channel for information distribution. Provide articles/information for chamber newsletters. 15 For implementation ... 1"3: Corporate Breakfast/Lunch (to distribute information, and also to begin building support for financial/in kind contribution to future ballot measure). Create list of high-level corporate representatives, utilizing Board's contacts, or others. Prepare information materials for handout. Set up "Breakfast (or lunch) With Herb," a get-acquainted-with- the-District mixer at the District offices, at a host corporation, or as part of a special VIP site tour. Set up several of these events, to cover corporations in different geographic areas until all corporate contacts have been involved. Corporate newsletters Obtain/create list of corporate newsletters and editors Write short feature articles about the District Make contact with editors, pitch stories as is, or as background information for them to write article; might be best to stress facilities usage, hiking/biking Publicize docent hikes/set up special VIP site tours for groups of corporate newsletter editors. Collateral materials: Write presentation scripts Update slide show(s) Write "turn-key" newsletter articles 16 Estimated costs (in aettion to other, ongoing public Ad rs activities): 1992-93 Copy revised slide show $150 Food for corporate breakfast/lunches $400 1993-94 Food for corporate breakfast/lunches $400 17 5. Original supporters', ie, founders of the Open Sp* District Goal: Reacquaint the founders and original supporters with the District's goals and objectives, and its needs for the immediate future; rebuild a base of support among a majority of the founders/original supporters by the end of 1993 For immediate and ongoing implementation: Obtain lists of original organizers/supporters of the Open Space District Create a merge letter outlining the District's new public affairs goals, our upcoming challenges and our need for their help. For implementation by the end of 1992: Use the Founders Day Dinner in November (20th Anniversary) as a forum to reacquaint them with the District and to solicit their assistance with the upcoming challenges. Produce an "official" written District history/fact sheet for distribution. For implementation in 1993: Utilize the list of founders and strong supporters to generate letter writing campaign (letters to the editor and to garner others' support) and for volunteers during campaign. Collateral materials: Write copy for letter to go to all founders Write District history Create suggested content for support letters Estimated costs (in addition to other, ongoing public affairs activities): 1992-93 Postage for mailings $500 Printing of official historical fact sheet $500 18 6. Students/educator Goal: Create a medium level of awareness among students and educators; create a new channel of distribution to parents; gain media coverage of the school outreach program; reach 50 schools, including colleges, by November, 1994 For implementation in 1993-1994: Elementary: There are three options for elementary schools. 1. A ranger with a marked District truck and display boards/collateral materials could park at a school, and the classes could rotate out to see him/her. This could include a short presentation, or just answer questions and hand out brochures. 2. Sponsor an art contest asking kids to visit open space, then paint/draw a picture from their favorite preserve (encourages use); then have judging event at one preserve; feature art in a future newsletter; publicize this contest with the media. 3. A presentation to grades three through six; includes handouts and possibly video/slide show; will be interactive and will stress preservation of natural habitat and animals on the open space preserves. All materials are intended for the students to take home to parents, perhaps including a "letter to parents". Junior/Senior high schools: For junior/senior high schools, the District could sponsor a photography contest, asking students to photograph a scene from their favorite preserve (encourages use); winner(s) will be featured in an Annual Report. Also, promote use of District lands for field trips and research projects. In addition, the program could include the display boards set up in an area where interested classes (environmental studies, government, biology, etc.) can visit and hear short presentation, including handouts; all materials are intended for the students to take home to parents 19 College: For colleges, program could consist of setting up the mobile display in a common area staffed only during certain hours (or unstaffed); Contact instructors in relevant areas of study (environmental, geology, biology, government) to arrange for special projects for students or to offer presentation to classes. Compile list of the 50 elementary schools and 20 junior/senior high schools closest to any preserve, and any schools which have already been involved in District activities; also list all colleges within District Prepare materials for distribution at school events or assemblies (consider production of new piece targeted to elementary students) Prepare general script for short presentation, including input from school district personnel; need one script for elementary, and one for junior/senior; prepare script for colleges as needed Contact targeted schools and schedule contests, presentations, displays, projects or events Collateral materials: Consider unique brochure/fact sheet for elementary schools (coloring book/poster) Write scripts for presentations Estimated costs (in addition to other, ongoing public affairs activities): 1993-94 Consultant for art and photography contests $2,500 Production of brochure/fact sheet for elementary schools $3,000 20 7. Environmental/ca._,,ervation/youth/parks organiz. _ins Goal: Become the recognized leaders in open space issues; secure written support of at least 50% of all groups For immediate and ongoing implementation: Meet with EBRPD to obtain more information on their successful bond measure. Update the comprehensive list of all organizations such as the Audubon Society, Sierra Club, Boy Scouts, Environmental Volunteers, Trail Center, POST, etc. Provide articles/information for all organizations' newsletters. Ensure attendance by staff at county park & rec meetings, or meetings of any other related organizations where issues of mutual importance will be discussed. Continue involvement in Bay Area Open Space Council activities. For implementation in 1993-1994: Work with various environmental and open space conservation groups (POST, etc.) to encourage the formation of a "Friends of the District" committee that might take the lead in any future funding efforts. Distribute general information brochure through these organizations (at their offices, in their mailings). Organize and schedule informational briefings to these groups on the status of the District programs, and our upcoming goals and challenges; can take place at their site or at District offices. Solicit their assistance in upcoming events. Do special mailings to these groups informing of upcoming need for additional funding and support. Organize a method for letter writing campaign (implement when needed). 21 f Offer displays, .-ars, etc. for any Bay Area con.__znces of parks and recreation or open space organizations. Collateral materials: Create suggested content for support letters Estimated costs (in addition to other, ongoing public affairs activities): 1993-94 Postage for special mailings $2,000 22 8. Existing visitors, fighbors, contributors, user glaps and supporters of the District's programs/facilities Goal: Reach 50% of all preserve visitors; reach 100% of District neighbors, contributors, user groups and support groups For immediate implementation: Make sure all mailing lists of visitors, volunteers, docents, contributors, neighbors, user groups, etc are up to date and accurate. For implementation by the end of 1992: Insert visitor profile survey cards in preserve brochures, and/or arrange for staff, volunteers or docents to distribute and collect on-site. Utilize docent program to distribute additional/updated information on District issues. For implementation in 1993-1994 Compile visitor profile statistics and use to target mailings (to hike/bike/horse clubs, etc. or other groupings). Do special mailings to all support groups informing of upcoming need for additional funding and support. Organize a method for letter writing campaign (implement later). Perform outreach to neighbors via workshops, mailings, involvement in neighborhood events and functions, etc., indicating need for support. Collateral materials: Write letter soliciting support Create suggested content for support letters Estimated costs (in addition to other, ongoing public affairs activities): 1992-93 Postage for special mailings $2,000 1993-94 Postage for special mailings $2,000 PUBLAFFA.PLA 11:1710/28/92 23 I Total estimated "plan .;osts for 1992-93, at full implementation (in addition to other, ongoing public affairs activities, and exclusive of salaries): $22,350 Total estimated "plan" costs for 1993-94 (in addition to other, ongoing public affairs activities, and exclusive of salaries): $115,900 Other potential costs: Estimated 1993-94 salary/benefits for one additional public affairs employee, or equivalent from existing staff resources: $30,000 Estimated 1993-94 salary/benefits if the half-time receptionist position is incorporated into public affairs program $16,000 PUBLAFFA.PLA 11:1710/28/92 24 Rough estimate of "rr,balar" budget items for 1993-94. Publications (1992-93 approved budget) Visitor's Guide revision: $15,000 ($25,000) Reprints of site brochures & maps: $25,000 ($32,000) Open Space annual report: $12,000 ($36,000) Newsletters (3): $12,000 ($18,000) Trail Courtesy brochure 0 ($4,000) Master Plan 0 ($5,000) Publications Total: $64,000 ($120,000) Business printing: $15,000 ($18,500) Salaries & benefits (Manager and assistant): $112,000 ($105,650) Contract services: $15,000 ($20,000) Library & subscriptions: $400 ($700) Postage: $211000 ($3,500 Printing/duplicating: $1,000 ($1,500) Advertising: $500 ($500) Private vehicle expense: $500 ($400) Business/meeting expense: $5,000 ($7,100) Personnel development: $53000 ($12,100) (includes conferences) Software: $500 ($11000) Office supplies/sml equip.: $800 ($800) 20th Anniversary: $15,000 ($20,000) Displays 0 ($2,000) Public events 0 ($4,000) Maint/repair of office equip. $200 ($200) Miscellaneous $100 ($100) Total 1993-94 "regular" items:$237,000 ($320,050) As can be seen from the comparison with the 1992-93 budget, many 1993-94 expense items are proposed for reduction. Like the proposed new activities in the public affairs plan, there are numerous components under the "regular" budget section that can be further scaled back to allow additional budget for other "plan" activities. PUBLAFFAYLA 11:1710/28/92 25 Open p►ace i i 44WINFe ------------------- -------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-118 Meeting 92-27 November 4 , 1992 AGENDA ITEM Land and Water Conservation Fund Reapplication for the Saratoga Summit Gateway Acquisition Project and the Windy Hill Public Access Project GENERAL MANAGER ' S RECOMMENDATION Adopt the attached Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Applications for Land and Water Conservation Funds for the Saratoga Summit Gateway Acquisition Project and the Windy Hill Public Access Project. Discussion: The District submitted these two projects for consideration under the 1991-1992 Land and Water Conservation Fund (LWCF) grant programs . Although neither was funded, we believe both to be outstanding projects . We would like to resubmit them for funding under the 1992-1993 program. Resubmittal requires the governing body to approve the application for fiscal year 1992-1993 . The CEQA documentation filed for the projects will also be resubmitted. Land and Water Conservation Fund The Land and Water Conservation Fund is a federal grant program administered in California by the State Department of Parks and Recreation. The fund assists agencies in acquiring and developing parks for public recreation purposes . It is a competitive program guided by specific criteria. Approximately $500, 000 is available for public agency projects in northern California for the 1992-1993 grant program. Applications are due on December 1 , 1992 . Over the years the amount of funds available through this program has been significantly reduced, increasing the competitiveness of the program. Only projects reflecting the highest priorities identified in the program' s criteria have been funded. The top priority activities include walking, picnicking, bicycling, nature study and bird watching. Acquisition projects , except for priority wetlands , are rated lower than development projects. Combined acquisition and development projects are not eligible for funding. Support facilities , such as parking areas , restrooms and undergrounding of utilities , are given 50% of the priority rating of the activity they support. However, support facilities essential for public access to natural resource areas are given full credit. 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 @ General Manager:Herbert Grem h Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-118 Page 2 The LWCF program requires a 50% matching contribution. If the grant is funded, the District is expected to fund the entire project amount, 50% of which will be reimbursed when the project is complete. A. Saratoga Summit Gateway Acquisition Project The Midpeninsula Regional Open Space District is requesting $300, 000 to purchase 116 acres of prime open space and recreation land at Saratoga Gap. The property adjoins a major highway and trail intersection centrally located on the crest of the Santa Cruz mountains . It would be an ideal site for a "Saratoga Summit Gateway" visitor center to provide visitors with information about 40, 000 acres of surrounding public park and open space lands . You approved the 1990-1991 LWCF application for this project at your meeting of April 24 , 1991 . Please refer to report R-91-51 for a complete description of the project. B. Windy Hill Public Access Project The project involves development of a 50-car parking area and a wheelchair-accessible foot trail to a wildlife observation platform overlooking picturesque Sausal Pond. It also involves upgrading an existing patrol road, and constructing a foot trail connecting Sausal Pond to the 1 , 113-acre preserve ' s 12-mile trail system. This project has a total cost of $260 , 000 (excluding $200 , 000 for undergrounding utilities) ; the amount requested is $130 , 000 . The undergrounding of utilities required by the Town of Portola Valley as a condition for this project and projected to cost approximately $200 , 000 , was not included as part of the District ' s matching funds . Since underground utilities are not essential for public access to the preserve, including the undergrounding in the proposal would result in a significantly lower project score. You approved the 1991-1992 LWCF application for this project at your meeting of December 11, 1991 . Please refer to report R-91- 37 for a complete description of the project. Prepared by: A. Cummings , Resource Planner Contact Person: C. Britton, Land Acquisition Manager IIIVj ».. r111 f�ltf! i �y -- �" `* �. 5AN`r C1�Ri4 �U.�1 �,�";� ITEM 8 - ACQUISITION PLAN MAP ^,,ti,F i< t�G. �' AUP t -b 1: %EN L �� bt ENS G` RE gr ; E P' SARATOGA SUMMIT GATEWAY x (tI{' MIDPENiNSULA REGIONAL OPEN SPACE DISTRICT i.\N r��b-^ '1.-.�'1+ �. 19, �'�, if 1 f��-'-'-� ��!..< �\� �� M`�(��\.� ! ° f�j�/V�'^�`,��1,'/•� �''' J Q, - l�%�'�� REGIONAL TRAILS f ��-• � ,:� �• !r.�rj-"�, _:. r)!�/�'-,!1j C7 PUBLIC LANDS 1 ()�.•�V�y�/ � .,' /,�'. y ,i . 1, '� rC ':.,�" � -� r ��)1� „::� Q•� .�a../�� }1-' f_� North 1}\ Nr'"'"z \ Scale: 1" = 2000' 0" i �^ ,,�. 1'dO�``•,,.-..; :r..:.�"f"''�'1`�:!\ ,\"'"qy'r�:c��J '1`-��r 1�~hv -�'\ b��r� f\'�^, 4 r � � V". I `I i� 11=_ \�` "a \� �'+•�' �`"�- J• A43 i ^l4s ::. _ -.:. ^1d.[SU � �'.l".. l.• C � ..:,+�� '� t �IU�\i hA� ( j � � ,�17 / r\ i\\^; I ° 'i( \�..-_A, 11 ..0��- `Sj` l•-� i ��,5�'� - -;� - 1�111•:I � �I'� '�n. �` ��1��•-. i-- \ � ;�,,,,w f � �` �:: ! .,f`i,.\4.ti� ICfCOiIY,D'AKSi/ .:-,`�,3; l� w�J �•�RU 1 s��L4. � � � - ;;�: I,.; :J,�._ , 4•� o!g-, ;, ""''�,: r`.• . � �, \/e --'.� `� 1�_-.'�.�:_c� � )�_ �i ,� .h�yfr.: , }�+�\s�hy!�- •t,\ / < <:lr� 1/r �•+ ,v ��0 ?(� \/l// 10P ..I 1;,5t-A'C".fl JGIIV �, '�` '�,1;f'' elf i;:.`/ I. --.f ! �It -1 i�' 11 �_.•� : .��f- _ �. �Il �'"U,\�_ `, �• �l� Y-`- �� `�> �. Illn''h V!-� ';, )� � .�;+•?i>�I' f:jx� p,�(:''�T':r i^ {( 't'e /,;,, ,``--` .�+. ' ;�:--,f` %��`\ J 1 � I�%=1�-- O•��i p�CJ. �� 1 11. "S.,,f �. t?;��,�`\ 1< zpr tyi il:1.I �?.L!:si;. ,i /.:,• , I � .. `\-- . ,_ � t `fl l � ;�7,' �` („ ��-�;�1 � ��{ 1/\ J _�� Imo' \,�� ✓ ,� �, `�� `�\�- 1 l // ?� ? i �); 3 V -1 �A�� , F E3b\ 2i`t 1 l FV �� .�_ �-} a Il ti_., �:,j. �?��4' �ti-78✓��, '�\' - V_i � S ARATOGA SUMMIT`S iO4 `_ /��.•._. --'_ ��( ,��- _ - ✓ t '�.t''i �' f: �','��" � .�� 1 llk �,,,.,.. /, _. _.!\\ ��Waf✓t� 3 GATEWAY ACQUISITION �� r- -.-� �`1800 \ �"�`�...�-� ��`, r•`••-'•'r '� �!' \ !•l\ �'1 I,ir` - 7'��•y �, .l} q ,\ 1 '1 �, N. , _PR� TE:L�IND`S .1i; C/J l 1v ,+j/ � � (\ 'l.�\\�� `'�1.?•-��'��\r .•...i�`mil pHR`i� •,��+a•1 � ��,1 ,�/\, •� .,., .�f�� ,``'l�� 1', i,•�., \�/;:_. //.. ./ .1,�� I' it r�„ 'aa1\��,\�-n✓"� ;-•�< ttL'RJ 9. '�! _�'tS� ;�, it )I. .i %_ il; '�, •`} l r V r ,� r \` \ \"�.\ 1 , + ' ��t \: J :/. ��/,^ ��%' _ - i•T,.•...,,> , OC-�,�, `\'Y-��r+\\ � /i��'r r/ !lip Ij 11�}-- _ �� -_-•:�t{t.l n\\\C.,��1�\ ,`' y. X. f .. ,_JI OLD ROAD ALIGNMENT `6, ( _ ✓- LONG RIDGE 1!r l ;• \,'{ � i, /ir 1t, �`: ,` 1�, 1:v 1 I l/•'�° o\'�\ OPEN SPACE PRESERVE' 4(I!!? 10.��==-�- � �\ ' '-•_� ^ •� _../ . ,'• _ _ rL'ANDS ' \```N '�`. /J iVj' -,\ v .\, L ,\�.��, -'�'�\), ;�;•%....`�J�;l`;+ ..., _PRIVATE-- }+.1 rf.-� �.=y"-seCR�� x , .7,1 !4`�� ((�, 1 > `'- •`�:'' ^"T %�r• UU +jt niJ w `. z /1 /(= '`i:- !?J ��,�a1 i 7 •.,1.(. r �t .(1( „(- -� _ ._! ( ,°, '\_1'}i+( �' \• � l./ 1•'J 1 .;�I'2 a, I '� \' \� �i:. f 1` \� .,��}� '.y�� -J+l �'.\ r::,=! �\ ,1 ` `\ 1`!1�•,:.--�./ lffirl�l: l ��,,'`:-:;,�"� ��.�� ,��• � `/ f/ '' �„�o ;fit ,) .{,;' �/.�ui�� t ;�� r •,}1��}!� - ��,,\ M\• t'�7L,»'.�\ �, �.�? :/ - -ll��'• _ _- "{\I ii `•�;`,\ ) '1 � ! i -�i/•i,.r.� I�, t -'ry \•r�. ;�. p � X /•, '1,1', iI•C _�/��' .'d<^- .s'•P.�/'l 11��>% � .�_, ,. i C\�.. kt(�f.r. � 4 �•�: ll��•� 1��P ,�� / \ *: 1„i:''.t �':i� );: )r' .. Ilt��/,- \, 4L..r ��'ctJ'.:` y�� Oi�: j ..., I - �Jrr ,�=:>>� ��-, .�`� `r '3: �'>'''j r \ Il,> �� il.t.. ;�'�,.o' -_•i:,� 1 `':� to""It i,.. �`' aaoo'� ,I, - �j:� i-:•, �i� - _) (< � •� ^/,, > > �•,,..'�/ ,N�;.T.• 1 't � f, ,,�•, / / 1 � / ! •1 .�. ._�� ..,,.� ��`�-�\1.1111�1�r�'. - ///�, l ;, `� SANTA�Ci�ARA' •f �\�-_ �l - �� 7'I klignovio1` �,�, ` i` -r-- I/ ,�t'r '(�� +,' �'/>� (3�. •y � .l + t'�1�1' �00 ff, t (� `� 1 �• ,\' / / i .. �, 111, ?� �,� ��_ NOW. �lt.��iltiY�;'�y,�k AT _ CASTLE=C�iE AAK 1.�'`; ( .r=�•ry l :a t du �� - `^� _ 11 r.•( (r( - ,.1.7. \.:•` }:'\ •\ / ''f! t�' ` ` �.'•'ty try' s 1:.'I d� c y <�(t„ ( _de). A, <h4t rS: ... 1/ t,'j �,� 4Q '.t l}11 `},\' i `i .,\I j1 ..1 .�. tlt '�l'!f ,l( Y`' 0 I i`�` l •+�' j - 0 A0 Proposed Ne.. ' �y Portola Road Entrance � Wheelchair Accessible Trail /Existing Entrance Restroom— ;\ Proposed Parking Area Observation Platform�;;'� \\ I� \C Existinq Patrol Road Sausal Pond Upgrade to All Proposed Foot Trail ;+' 1 Weather Surface `� 11 II Il To Skyline Spring Ridge Trail } 1� Boulevard l � u 0 0 m o Hamm,s Gu`ch �� s Evo `,• Alpine / Willowbrook Entrance ITEM 813. SITE PLAN SCALE: 1"= APPROX.800'-0" DECEMBER, 1991 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE SARATOGA SUMMIT GATEWAY ACQUISITION PROJECT WHEREAS , the Congress under Public law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes ; and WHEREAS , the State Department of Parks and Recreation is responsible for the administration of the program within the State , setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS , said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior. to submission of said applications to the State; and WHEREAS , the proposed Saratoga Summit Gateway Acquisition Project is consistent with the Statewide Comprehensive Recreation Resources Plan: California Outdoor Recreation Plan - 1988 ; and WHEREAS , the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the District hereby: 1 . Approves the filing of the application for Land and Water Conservation Fund assistance; and 2 . Certifies that said agency has matching funds from gift revenue and can finance 100 percent of the project, half of which will be reimbursed; and 3 . Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4 . Appoints the General Manager or Assistant General Manager as agent of the District to conduct all negotiations , execute and submit all documents including but not limited to applications , agreements , amendments , billing statements , and so on, which may be necessary for the completion of the aforementioned project . RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE WINDY HILL OPEN SPACE PRESERVE PUBLIC ACCESS PROJECT WHEREAS , the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes ; and WHEREAS , the State Department of Parks and Recreation is responsible for administration of the program in the State , setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS , said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS , the proposed Windy Hill Open Space Preserve Public Access Project is consistent with the Statewide Comprehensive Recreation Resources plan: California Outdoor Recreation Plan - 1988 ; and WHEREAS , the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project ; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1 . Approves the filing of an application for Land and Water Conservation Fund assistance; and 2 . Certifies that said agency has matching funds from the following source : property tax, and can finance 100 percent of the project, half of which will be reimbursed; and 3 . Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4 . Appoints the General Manager as agent of the District to conduct all negotiations and execute and submit all documents , including, but not limited to, applications , agreements , amendments , billing statements and so on which may be necessary for the completion of the aforementioned project. Open Space R-9 2-117 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 November 4 , 1992 AGENDA ITEM Environmental Enhancement and Mitigation Program Application for Sierra Azul Open Space Preserve Trailhead Acquisition Project GENERAL MANAGER' S RECOMMENDATION Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Environmental Enhancement and Mitigation Program. Discussion I . Environmental Enhancement and Mitigation Program The Environmental Enhancement and Mitigation Program provides grants to local , state and federal agencies and nonprofits to mitigate the environmental impact of modified or new public transportation facilities . The program was established by the enactment of the Transportation Blueprint Legislation of 1989 . It states that the Legislature intends to allocate $10 , 000 , 000 annually to this program for the 10-year period from 1991-92 to 2000-2001 . The Resources Agency prescribes criteria to evaluate grant proposals , and recommends proposals to the California Transportation Commission. The Commission annually awards grants to fund proposals from the Resources Agency' s list. Applications for the 1993-1994 fiscal year are due on November 30, 1992 . In April , , the Resources Agency will send the list of recommended projects to the Transportation Commission. In July, the Commission will approve projects to be funded. Grants are normally limited to a maximum of $500 , 000 each. Applicants must apply under one of the following categories of eligible projects : A. Highway Landscape and Urban Forestry (projects designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants) B . Resource Lands (acquisition, restoration or enhancement of resource lands to mitigate the loss of resource lands lying in or near the right-of-way) C. Roadside Recreational (acquisition and or development of roadside recreational opportunities , including roadside rests , scenic overlooks , trails , trailheads , sno-parks and parks) 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 19 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop R-92-117 Page 2 Projects must be related to the environmental impact of modified or new public transportation facilities . Construction of the facilities must have started after January 1 , 1990 or be included in an adopted state or local transportation program. Each project must provide mitigation or enhancement in addition to the mitigation required as part of the transportation project to which it is related. II . Sierra Azul Open Space Preserve Trailhead Acauisition Project The District is requesting $500 , 000 from the Environmental Enhancement and Mitigation Program to acquire land associated with the construction of a new overpass and frontage roads on Highway 17 . The Lexington Reservoir Interchange Project is located south of the Town of Los Gatos in Santa Clara County, adjacent to the western side of Lexington Reservoir. The interchange is needed to provide safe access between Highway 17 and five side roads in the Lexington Reservoir area. MROSD proposes to acquire a parcel of land totalling 68 . 6 acres at the end of Limekiln Road. The parcel is located between Lexington County Park and the District' s 9, 457-acre Sierra Azul Open Space Preserve. The property would become a main staging area for the preserve, providing regionally accessible trailhead parking and a key link in the Bay Area Ridge Trail , as well as an on-site ranger residence. This project would expand and diversify recreational opportunities for visitors brought into the Lexington area by the proposed new interchange. As yet there is no designated public staging area providing access to the western side of the extensive Sierra Azul trail network. Acquiring the property will also preserve valuable riparian and mixed evergreen forest habitat as permanent open space. The proposed project meets all criteria for funding under the Roadside Recreational Project category of the Environmental Enhancement and Mitigation Program. By providing a means to improve the recreational use of Lexington Reservoir, it will help mitigate the new interchange ' s impact of bringing additional visitors to the area. Prepared by: A. Cummings, Resource Planner Contact Person: C. Britton, Land Acquisition Manager RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FUNDS UNDER SECTION 164 . 56 OF THE STREETS AND HIGHWAYS CODE FOR THE SIERRA AZUL OPEN SPACE PRESERVE TRAILHEAD ACQUISITION PROJECT WHEREAS , the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989) , which is intended to provide $10 million annually for a period of 10 years for grant funds to local , state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS , the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS , said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant ' s governing body before submission of said application to the State; and WHEREAS , the application contains assurances that the applicant must comply with; and WHEREAS , the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE , BE IT RESOLVED that the District hereby: 1 . Approves the filing of the application for Environmental Enhancement and Mitigation Program for grant assistance; and 2 . Certifies that said applicant will make adequate provisions for operation and maintenance of the project; and 3 . Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4 . Appoints the General Manager or Assistant General Manager as agent of the District to conduct all negotiations , execute and submit all documents including but not limited to applications , agreements , amendments , billing statements , and so on, which may be necessary for the completion of the aforementioned project. * * * * * * * * * * * * * * * * * * * * Open Space R-92-116 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-27 November 4 , 1992 AGENDA ITEM Solicitation of Bids for Picchetti Ranch Blacksmith Shop Restoration Project GENERAL MANAGER' S RECOMMENDATION Authorize staff to solicit competitive bids from independent contractors for the Picchetti Ranch blacksmith shop restoration project. Discussion: At your March 11 , 1992 meeting you authorized the General Manager to enter into contract for restoration of the barn at Picchetti Ranch. This project was funded through a $192 , 000 Proposition 70 grant awarded to the District in July, 1989 . Restoration of the barn is now complete and the grant is underspent by $70, 244 . The remaining funds from the grant have been authorized by the state for restoration of the blacksmith shop. Construction costs are estimated at $40, 000 to $50, 000 . Design and construction supervision fees are estimated at $12, 000. All of these funds are available from the Proposition 70 grant. The District has an extension on the project to June 30 , 1993 . Plans and specifications for the blacksmith shop restoration have been prepared. The project includes installing a new roof and concrete footing, increasing the lateral load capacity of the walls , and replacing major deteriorated wood members . Staff is waiting for final plan approval from the state and Santa Clara County. Staff anticipates soliciting bids in November, 1992 and will return to you with bid results and a recommendation for an award of contract. Prepared by: Sheryl Cochran, Open Space Planner Contact person: Same as above 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 @ General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space Milli a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-115 Meeting 92-27 November 4, 1992 AGENDA ITEM Proposed Agreement with Los Gatos Redevelopment Agency GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution approving and authorizing execution of "Agreement Between the Los Gatos ,Redevelopment Agency and the Midpeninsula Regional Open Space District Pursuant to Community Redevelopment Law and Health and Safety Code section 33000 et seq. " Discussion: As a result of extensive negotiations to settle a lawsuit brought by the District against the Los Gatos Redevelopment Agency, District and agency staffs are now proposing a "pass-through" agreement. The attached proposed agreement provides that in addition to the 2% growth in the District's "share" (1. 35% of total property tax collected) of property taxes from the Redevelopment Area that the District is already entitled to by law, the District will receive 40% of its "share" of the remaining tax increment. The funds must be spent for open space acquisition in the Cathedral Oaks or Kennedy Limekiln Areas of Sierra Azul Open Space Preserve. The District would also continue to receive its base year property tax share. Prepared by: Herbert Grench, General Manager Contact person: Same as above 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 General Alandg r:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Nenshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF "AGREEMENT BETWEEN THE LOS GATOS REDEVELOPMENT AGENCY AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO COMMUNITY REDEVELOPMENT LAW AND HEALTH & SAFETY CODE SECTION 33000 ET SEQ. " IT IS RESOLVED, by the Board of Directors of the Midpeninsula Regional Open Space District as follows: 1. The "Agreement Between The Los Gatos Redevelopment Agency and The Midpeninsula Regional Open Space District Pursuant to Community Redevelopment Law and Health & Safety Code Section 33000 et seq. " (the "Agreement") , a copy of which is appended to this Resolution as an Exhibit, is approved in principle and substance. 2 . The President of the Board is authorized and directed to execute the Agreement on behalf of the District either in its present form or, upon advice of the District' s legal counsel, with such changes in form as are deemed legally necessary and desirable by legal counsel so long as the changes are a matter of technical form and do not disturb or alter the principle and substance of the Agreement as approved by the Board. 3 . At such time as the Agreement has been duly and regularly executed by both parties, the. District' s legal counsel is authorized and directed to dismiss the pending action in the Superior Court for the County of Santa Clara, Midpeninsula Regional Open Space District v. Town of Los Gatos et al (Action No. 718256) , such dismissal to be with prejudice. ACRE EMENTBETWEEN THE LOS GATOS REDEVELOP-MENT AGENCY AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PURSUANT TO COMMUNITY REDEVELOPMENT LAW AND HEALTH AND SAFETY CODE SEC.710N 33000 ET SEQ. THIS AGRFEMEN"Finadc and entered into this day of November 1992, by and between the REDEVELOPMENT AGENCY OF THE TOWN OF LOS G.A:.170S, a public body existing PUMIant to the C0111111unity Redevelopment Law, hereinafter referred to as "Agency", and tlie .MIDPI,NINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter referred to as "District": WHEREAS, Ordinance No. '1806, adopted on December 4, 1989, established the Redevelol)ineiit Acfcricy of the Town of Los Gatos; and WITEREAS, the Town of Los Gatos has established the Central Los Gatos Redevelopment Project, L)v No, 1882, adopted on November —1-5, 1991, which includes those portions of the Town that were severely, damaged as a result of the Loma Prieta Earthquake of October 17, 1989; aiid WHEREAS, the Redevelopment Plan for the Central Los Gatos Redevelopment Project provides for the project to be, financed through a variety of methods, including the division I In of taxes pursuant to Health and Safety Code Section 33670; and WHEREAS, District is a ttLxdng agency within whose territory the Central 'Los Gatos Redevelopment Project exists and has concern over the negative impact of tax increment rifiancific, ori its financial situation; and WHEREAS, Health and Safety Code Section 33401 provides that a redevelopment agency may pay to any affected Mixing agency ariv aniounts of money which in the Agency's determination are approj)rlata to alleviate any financial burden or detriment caustd, to any t,-L\in,, ag ency b a redevelopment agency; aiid I P ROV%agree rn e n,,fn u I ti.3 WHEREAS, District finds that proceeding with the goals and objectives contemplated through the Central Los Gatos Redevelopment Project would be in the interest of the public peace, health, safety and welfare; provided, that assurances can be provided that the effect of tax increment financing will not cause a severe financial burden or detriment on the District; and WHEREAS, Agency determines that payments of tax increment revenue to District as set forth below are necessary to alleviate the burden and detriment caused to District by the Central I_os Gates Redevelopment Project; and WI--IERE,AS, in consideration of this Agreement determining the obligations of Agency, District is foregoing the rielit to contest the establishment of the Central Los Gatos Redevelopment Project, the project area established thereunder (the "Project Area") and the project to be implemented thereby (the "Project"). NOW II-IF,REFORF, IT IS HLREBY ACjRFED AS FOLLOWS: Section 1. Definitions. The following words and phrases as used herein shall have the meanings set`f(,)rth below: It. ""I"ax Increments" means property taxes allocated to and received by the Agency from the Project Area pursuant to 1 Iealth and Safety Code Section 33670(b) of the COmtrluitily Redevclopment Law and Article XV1, Section 16, of the California C,onstittition, less the total amounts which would have been allocated to each affected taxing agency had eacli agency exercised its election pursuant to Section 33676 of the Community Redevelopment Law. 1), "District's Share" means the proportionate percentage share of the property taxes the District received from the Project Area on the 1991-92 Base Year Roll. c. 'T fiscal `ear" means the fiscal year commencing July 1, '1992, and each Fiscal Year COMMencingf July 1 thereafter in which Tax Increments are allocated to the Agency pursuant to the Community Redevelopment Law and the Redevelopment Plan. d. "Trust Fwid" means a fund designated and administered by the District. The monies in this fund shall be used solely for the actluisition of property to expand the Kennedy Limekiln, and/or Cathedral Oaks open space preserves to serve the Project Area. FDV\ayreemen\rnu1::.3 2 Sectjr)n 2. !'lllocation of Ta.N,Increment Revenue. Commencing with Fiscal Year one (1) and continuing through Fiscal Ycar forty (40) of the Projcct, during each fiscal year, the Agencv shall pay to the Trust Fund forty percent (406,11) of the District's Share of the Agency's 'I'ak Increments within thirty (30) days after the Agency has received its allocation of Tax Increments. Section 3. C)hligatir�ns COQSTitlltin�, 1n(Iehtedness. The obligations of the Agency tinder this Agrcomf,,nt shrill constitute an indebtedness of the Agency for the purpose of carrying. out the Project and a pledging of Tax Increments from the Project to repay such indebtedness under the provisions of Arucic XVI, Section 16, of the California Constitution and Sections 336 0 et seq, of the Health and Safety Code. The Agency's obligations and liability under this Agreement shall he limited to the receipt by the Agency of Tax Increments from: the Project, subject to the terms and conditions of this Agreement. Nothing in this Agrccinent shall be deemed to impose any other liability upon the Agency, nor shall this Acreernent be deemed to impose any liability on the Town whatsoever. Section 4. Strh(7rdination. The District hereby authorizes the Agency to subordinate the interest of tlic District under this Aarc enicnt and to allow the Agency to pledge all or any portion of the lax Increments otherwise payable to the District under this Agreement in order to secure the repayment of Agency indebtedness incurred for the Project; provided the Avencv submits to the District evidence reasonably satisfactory to the District demonstrating its ability to repay such indebtedness incurred for the Project without dernand being made on the payrrtents due to the District tinder the terms of this Agreement; provided, further, in no case shall any interest of the District be subordinated to a Greater extent than the interest of ariy other taxing entity receiving Tax Increments from the Agency. Nothing in this Agreement shall give the District the right to approve Agency indebtedness except as tiic Agency may request the District to subordinate its right to payments under this Agreement. Section ; C.:hanges in State Law. In the event state law changes and thereby imposts upon the Agency a specific requirement to pay money it receives pursuant to Section 33670(h) of the Community Redevelopment Law to the District, then the payments under this Agreement to the District shall be first reduced by the amount of the payment required and specified by such change in state law to the District. RD'v%agre ern en\rnulti.s 3 Section 6. Trust Fund. The District agrees to use monies deposited in the Trust Fund solely for the acquisition of property to expand the Kennedy Limekiln, and/or Cathedral Oaks open space preserves to serve the Project Arca. The District may advance money to the Trust Fund which shall be repaid to the District with deposit into the Trust Fund by the Agency. Annually, thc District shall provide the Agency with a financial status report describing any and all financial transactions affecting the Trust Fund. The Agency will review the report. The Agency's acceptance, \which shall not be unreasonably withheld, of the financial status report shall be required before disbursement of the following year's tax increment to the Trust Fund. The Agency's acceptance, shall be by resolution. Section 7. Section 33676 Election Recognition. Agency acknowledges, with respect to the Plan, that this Agreement. is in addition m thc District's election of Health and Safety Code Sections 33676(a)(1) and (2) which provides District with portions of tax increment revenue moneys other than as expressly provided in this Agreement. It is intended by the parties that Agency's recognition of District's election, pursuant to Section 33676 to be allocated and to be paid directly to District, those portions of the levied taxes, shall not be considered to have been received, constructively or otherwise, by Agency, or to be revenues of Agency, or an indebtedness of Agency required to he set forth in any Agency statement thereof filed pursuant to Health and Safety Code Section 33675(b). Section S. f✓Iimination of Financial Burden, No Contest of Plan. The District acknowledges and agrees that the obligations to be undertaken by Agency pursuant to this Agreement will effectively eliminate any financial burden or detriment to District that would otherwise be caused by the implementation of the Plan. In consideration of this Agreement setting forth the obligations of Agency, District withdraws any opposition to and forgoes any riot or remedy it rnav have in law or equity to challenge the validity of the Project, the Redevelopment Plan, the Ordinance, or this Agreement and implementation of the Project undertaken pursuant to the Plan, and agrees to dismiss, with prejudice, Santa Clara County Superior Court Case No.718256, Midpeninsula Regional Open Space District vs. Town of Los Gatos, et al. If the District ROV,agree ;yen\rruc�i.3 4 should engage in arnv such litigation, other than litigation to enforce the terms of the Agreement, this )�grecment shall become null tine void. Section 9, Suspension of .6,reerncnt due to Litigation. In the event litigation is initiated attacking the validity of the Flan, the Project or the Ordinance, the effect of this Agreement shall be SLI 1perlded and the Agency shall have no obligation to make any Payments to the *District until a judgment becomes final upholding the validity of the Plan, the Project or the Ordinance. if a judgment becomes final which deciares the Plan, the Project or the Ordinance invzrlid, this Agreement shall become null and void. SeCtio n 10. "Termination of .Agreemcim This Agreement shall terminate upon the earlier of the expiration or termination of the Plan or of the provisions of the Plan. authoririno the allocation to the Agency of Tax increments for the Project. Upon termination of this Aorecmcnt, all obligations of the Agency to make payments hereunder to the District shall cease. Section Entire ALre rner7t. This documerrt represents the entire and integrated agreement between Agency and District and supersedes all prior negotiations, reWesentation , or agreements, either written or oral. The Agency and the District each acknowledge that circumstances affecting their financing may change and that it may be in their comrrr<�n hest mtcrest to review this A Yreement. C*pori written notice of either, the Agencv land the District agree to enter into good faith discussions regarding this Agreement. This provision shall in no way be construed as an obligation to rnod4 any term or condition of this .Agreenicm- RD�f��gteetnen`�mult;.3 f.N WITNESS WHFREOF� the partles have executed this Agreement On the clay and year first above wrlLtcll, MIDPENIN'SULA REGIONAL OPEN SPACE DISTRICT Approved as to forni: By--- President, Board of Directors By District Coutisol RED EVELOPM ENT AGENCY OF THE TOWN OF LOS GATOS Approved as to Corm By_ Agency Counsel By Chairperson, Redevelopment Agency ATFE-'ST: Ac:,,ency Secret�ary I - By—,_ RCV\ag,re e meri\m u!ti. 6 Open Space MIDPENINSULA,REGIONAL OPEN SPACE DISTRICr TO: Board of Directors FROM: H. Grench, General Manager DATE: October 30 , 1992 SUBJECT: F. Y. T . Olt - ORS U#V4�� OCR` 2 1992 (408) 730-7516 October 27, 1992 Mr. Herbert Grench General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Herb: Many thanks for your invitation to attend Midpeninsula Regional Open Space District's 20th Anniversary Celebration. Unfortunately, a previous family commitment will not permit Carolyn or me to attend your special event. Nonetheless, here's wishing you and your Board of Directors a hearty congratulations for the past and sincere wishes for continued success in the future. Your anniversary celebration brings back many fond memories for me of the 20th year celebration at the Hennepin County Park Reserve District. At that time, I had a role in preparing a special 20th year booklet and a similar gala event such as you will be having. Incidentally, your "The First 20 Years: From Vision to Reality" is impressive. That's coffee table material! Once again, Herb, congratulations for an exceptional past, much to your leadership and perseverance of so many dedicated Board Members. Kindly pass my wishes to those, too. Very truly yours, n W. Christian, Director Parks and Recreation JWC/bld ADDRESS ALL MAIL TO: P.O. BOX 3707 SUNNYVALE, CALIFORNIA 94088-3707 For deaf access,call TDD/TTY(408)730-7501 SpaceOpen 000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Beard of Directors FROM: H. Grench, General. Manager. DATE: November 4 , 1992 SUBJECT: F. Y. T . Open Space . . . for room to breathe a 20th Anniversary - 1972-1992 330 Distel Circle Los Altos, California 94022-1404 a Phone: 415-691-1200 - FAX:415-691-0485 General Manager:Herbert Grench Board of Oirectors:Katherine Duffy,Robert McKibbin,Teen Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishot) c�O1�wr Countyof Santa Clara OU .1 Q 197 � Public Seri is cs AgeiIc}` Parks and Iiecreati0n 1)(,1mrimcl)t 298 Gard(l) 1 fill I)riv e Los Gaups, Califorruii 95030 T V' I408?3,8-374 1, fZescry amons October 26, 1992 Herb Grench, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altds, CA 9 022 Dear Herbi Thank you or your invitation to the Twenty Year Anniversary Celebration of Midpeninsula Regional Open Space Dist ct. I regret that I am unable to attend the celebration, but wish to add my congratulations to all of you who have worked so hard to achieve the vision of preserved open space for the benefit of the public. We at San Zara County Parks and Recreation Department share your committment to Parks and we wish you co hued success in the future. ncerely, Zss, Director c Services Agency H/awarnes/midpen.ltr/amw Board of Supervisors:Mic hael M I londa. Loe Lotgren, Dori Gonzalcs, Hod Dindon, Dianne Mc Kenna c County Executive.Sally it }teed �J