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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-31
REGULAR MEETING
HOARD OF DIRECTORS
A G E N D A
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
December 9, 1992
(7:30) * ROLL CALL
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDER OF THE DAY
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- R. McKibbin
APPROVAL OF MINUTES
*** November 18, 1992. (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
HOARD BUSINESS
(7:45) 1. 1992-1993 Budget Review -- G. Babbitt
(8:05) 2. Proposed Addition of the Norton Property To the Russian
Ridge Open Space Preserve --- C. Britton
Resolution Authorizing Acceptance of Purchase Agreement,
Authorizing Officer to Execute Certificate of Acceptance of:
Grant to District, and Authorizing General Manager or
Assistant. General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Russian Ridge Open Space Preserve - Lands of.
Norton, et al.)
(8:15) 3. Policies Related to Site Naming, Gifts Policies, and POST
Memorial Program -- N. Hanko
(8:30) 4. Seasonal Trail Closures Information Report --
J. Escobar
(8:35) 5. Authorization to Purchase Tractor -- J. Escobar
*** 6. License Agreement for the Town of Portola Valley to Remove
Two Trees fromWindy Hill Open Space Preserve and Reroute
Corte Madera Creek -- M. Gundert (Consent Item)
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 Oirectors Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
7. Notice of Completion for Picchetti Barn Restoration
Project -- R. Anderson (Consent Item)
8. Dedication Status of District Lands -- H. Grench (Consent
Item)
Resolution Dedicating Interests in Certain District Lands
for Public Open Space Purposes
9. Proposed License and Registration Reimbursement Policy -- H.
Grench (Consent Item)
(8:40) 10. Cancellation of December 23 Regular Meeting -- H. Grench
INFORMATIONAL REPORTS -- Directors and Staff
REVISED CLAIMS (Consent Item)
CLOSED SESSION (Litigation, Land Negotiations, Labor
Negotiations, and Personnel Matters)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or later than
listed. Agenda is subject to change of order.
TO ADDRESS THE BOARD: The Cbair will invite public comment on agenda itpm�
at the time each item is considered by the Board of Directors. You may
address the Board concerning other matters during oral communications. Each
speaker will ordinarily be limited to 3 minutes. When recognized, please
begin by stating your name and address. Please fill out the speaker's form so
your name and address can be accurately included in the minutes.
Alternately, you may comment to the Board by a written communication, which
the Board appreciates.
-*.** All items on the consent calendar shall be approved without discussion b
one motion unless a Board member removes an item from the consent calendar for
separate discussion. A member of the public may request under oral
communications that an item be removed from the consent calendar.
NOTICE OF PUBLIC MEETINGS
The Trail Committee will meet on Monday, December 14, 1992 beginning at 7:30
p.m. at the District office. The purpose of the meeting will be to continue
review of the draft of the Trail Use Guidelines.
The 20tb Anniversary Committee will meet Tuesday, December 15, 1992 beginning
at 4:00 p.m.
The Legislative Committee will meet on Wednesday, December 16, 1992 beginning
at 4:30 p.m. at the District office. The purpose of the meeting will be to
review the most recent state budget information.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-30
SPECIAL MEETING
BOARD OF DIRECTORS
November 18 , 1992
MINUTES
I . ROLL CALL
President R. McKibbin called the meeting to order at 7 : 34 P .M.
Members Present : Robert McKibbin , Nonette Hanka, Richard Bishop,
Teena Henshaw, Ginny Babbitt, and Betsy Crowder. Peter Siemens
took his seat as Director for Ward I later in the meeting.
Personnel Present : Herbert Grench, Michael Foster, Jean Fiddes ,
and C . Britton.
II . ORAL COMMUNICATIONS
There were no oral communications .
, III . ADOPTION OF AGENDA
H. Grench requested the addition of a third resolution,
appointing bond counsel and underwriter in connection with the
issuance of the 1992 promissory notes.
R. McKibbin stated that the agenda as amended was adopted by
Board consensus .
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder requested the removal of the October 28 , 1992 minutes
and written communications from the consent calendar.
Motion: G. Babbitt moved that the Board adopt the remaining
items on the consent calendar, including the minutes of
November 4 and November 9, 1992; Resolution 92-59 , a
resolution commending the Monterey Peninsula Regional
Park District on its 20th Anniversary; and Revised
Claims No. 92-20 . T. Henshaw seconded the motion. The
motion passed 6 to 0 .
V. APPROVAL OF MINUTES
October 28 , 1992
B. Crowder requested that her informational report on page four
be corrected to state that she and Jay Thorwaldsen had hiked on
El Corte de Madera Open Space Preserve and visited Jim Warren' s
home and 40-acre property.
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 Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 92-30 Page 2
Motion: B. Crowder moved that the Board adopt the minutes of
October 28 , 1992 as corrected. G. Babbitt seconded the
motion. The motion passed 6 to 0 .
VI . WRITTEN COMMUNICATIONS
B. Crowder requested that the last paragraph of the draft
response letter to Marilyn Walter, 20 Coyote Hill , Portola Valley
be amended to state that her comments regarding trail width will
be considered at the next Trail Use Committee meeting.
Motion: B. Crowder moved that the Board approve the revised
response letter to Marilyn Walter. G. Babbitt seconded
the motion. The motion passed 6 to 0 .
Vii . BOARD BUSINESS
A. Final Interviews of Applicants for the Position of Director
Ward 1 (Report R-92-119)
J. Fiddes reviewed the procedure to be followed in the final
interview process. H. Grench requested that the Board
interrupt the final interview process at an appropriate
point to consider the note issue agenda item since
representatives for the bond counsel and underwriter were
planning to arrive at 8 : 45 P.M.
The order for Board questioning of the finalists as
determined by a random drawing was :
1 . Peter Siemens
2 . Richard Gaines
3. Jan Garrod
4 . Robert Levy
5. Stan Bogosian
Each candidate was questioned by Directors for twenty
minutes . Following the random drawing to determine the
order of the finalists ' summary statements , the Board
considered the note issue agenda item.
B. Issuance of 1992 Promissory Notes (Report R-92-121)
M. Foster introduced Antonia Dolar of Orrick, Herrington &
Sutcliffe, the bond counsel for the note issue and Douglas
Charchenko of Prudential Securities, Inc. , the underwriter
for the note issue. M. Foster reported that the proceeds of
the $8 million of twenty year notes will be used for the
final payment for the Vidovich property. A. Dolar stated
that she had delivered earlier in the evening to the
District Clerk the final note issues resolutions , adding
that Resolution 92-56 (page 6) included the maturity dates
and principal amount figures for the note issue. She said
Meeting 92-30 Page 3
that the principal breakdown had not been available
previously. D. Charchenko stated that Prudential
Securities , Inc. had agreed to the principal amounts shown.
A. Dolar also advised the Board that minor revisions might
be made in the preliminary official statement prior to the
actual printing of the document.
Motion: B. Crowder moved that the Board adopt Resolution
92-55, a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District
Appointing Bond Counsel and Underwriter in
Connection with the Issuance of $8 , 000 , 000
Principal Amount of Midpeninsula Regional Open
Space District 1992 Promissory Notes . T. Henshaw
seconded the motion. The motion passed 6 to 0.
Motion: T. Henshaw moved that the Board adopt Resolution
92-56, a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District
Authorizing Issuance of $8 , 000, 000 Principal
Amount of Midpeninsula. Regional Open Space
District 1992 Promissory Notes and Providing for
the Form, Execution and Repayment of Said Notes .
B . Crowder seconded the motion. The- motion passed
6 to 0.
Motion: T. Henshaw moved that the Board adopt Resolution
92-57 , a Resolution of the Board of Directors of
the Midpeninsula. Regional Open Space District
Authorizing the Execution and Delivery of a
Purchase Contract Relating to $8 , 000 , 000 Principal
Amount of Midpeninsula Regional Open Space
District 1992 Promissory Notes and Approving the
Preliminary Official Statement and the Official
Statement and Other Documents Relating to Said
Note. B . Crowder seconded the motion. The motion
passed 6 to 0.
The Board recessed for a break at 9 : 30 P.M. and the meeting
reconvened at 9: 50 P.M.
C . Final Interviews of Applicants for the Position of Director
Ward 1 (Continued)
The order of summary statements was :
1 . Jan Garrod
2. Robert Levy
3 . Stan Bogosian
4 . Peter Siemens
5. Richard Gaines
Meeting 92-30 Page 4
The results of the voting to select the Director of Ward I were:
Jan Garrod - I vote and Peter Siemens - 5 votes; applicants
Bogosian, Gaines , and Levy did not receive any votes . The
District Clerk announced Peter Siemens as the winner of the
balloting.
Motion: N. Hanko moved that the Board adopt Resolution 92-58 , a
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Appointing
Ward I Director. B. Crowder seconded the motion. The
motion passed 6 to 0.
The District Clerk administered the oath of office for the new
Director. Director Siemens took his seat with the Board.
VIII . INFORMATIONAL REPORTS
H. Grench reported that there would be a bond retirement ceremony
hosted by the City of San Carlos on Saturday, January 30 , 1992 at
10:00 A.M. at Pulgas Ridge Open Space Preserve. He said that the
District had received a letter from Fran Brigmann, General
Manager, Marin County Open Space District thanking the District
for the resolution honoring the Marin district on its 20th
anniversary. He stated that the District and Peninsula Open
Space Trust (POST) were in the process of formulating projects to
submit for the proposed Planning and Conservation League (PCL)
bond act measure and that the District had received a $150, 000
check from the Menlo Park Redevelopment Agency. H. Grench
reported that the Town of Los Gatos had approved the agreement
with the Los Gatos Redevelopment Agency that had been approved by
the Board . He read notes he had received from Robert Beckus ,
former District lobbyist in Sacramento-, and Ann Warren-Smith of
Hidden Villa expressing congratulations on the District ' s 20th
anniversary. H. Grench reported on the meeting of the Bay Area
Open Space Council he and M. Smith had attended earlier in the
day, noting that the council would be sponsoring a seminar on the
Intermodal Surface Transportation and Efficiency Act (ISTEA) in
December.
H. Grench showed a video tape of the six-minute presentation on
the District prepared by Palo Alto' s Cable Co-op that had aired
on Channel 6.
N. Hanko reported that she would be addressing the South Skyline
Association on Thursday, November 19 and stated that the Gifts
Policy Committee will present its first recommendation to the
Board at the December 9 regular meeting.
G. Babbitt said that the Budget Committee would be meeting again
on Monday, November 23 .
Meeting 92-30 Page 5
B. Crowder reported assemblyman Ted Lempert had not been able to
join her and director-elect de Wit on a hike they had arranged
for earlier in the day due to illness .
R . McKibbin stated that the Trail Use Committee would meet again
on November 30 and that the committee hoped to present its
recommendations to the Board in December.
R. Bishop said that he had met and talked with newly elected San
Mateo County supervisor Ruben Barrales and would be willing to
meet with supervisor Barrales on the District ' s behalf even after
R. Bishop left the Board.
C . Britton reported on the meeting he, R. Andersen, and A.
Cummings attended with staff from the City and County of San
Francisco Water Department regarding watershed area planning, and
on his meeting with Donna Logan of Santa Clara County Parks and
Recreation Department regarding the department ' s land priority
planning matrix.
IX. CLOSED SESSION
C . Britton announced that land negotiations to be discussed were
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 and Santa Clara County assessor ' s parcel number
558-34-005, owner 'Kathy Liles , negotiated with Jim Liles .
The Board recessed to Closed Session on land negotiations matters
at 10 : 45 P.M.
X. The meeting was adjourned at 11 : 00 P.M.
Jean H. Fiddes
District Clerk
Claims No. 92-20
Meeting 92-30
Date: Nov. 18, 1992
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
* Name Description
------------------------------------------------------------------------------------------------
3390 510.31 Acme & Sons Sanitation Sanitation Services
3391 2,557.25 Alves Petroleum. Inc. Fuel
3392 691 .39 Ace Fire Equipment Service Company Fire Extinguisher Maintenance
3393 1 ,739.58 American Printing & Copy Printing
3394 6,268.50 George Bianchi Construction, ' Ine. Construction Services--Sausal Dam
3395 152.51 Bimark, Inc. Recognition Pins
3396 392.52 Binkley Associates Consulting Services--Skyline Water Syste=
3397 191 .09 Bridge Radio Services, Inc. Base Station Repair
3398 1 ,299.90 Building Abatement Analytics Asbestos Abatement Supervision
3399 237.38 California Mosquito and Vector Lyme Disease Brochures
Control Association, Inc.
3400 20.95 Clark's Auto Parts/Machine Shop Vehicle Parts
3401 20.41 R. V. Cloud Company Field Supplies
3402 352.01 Crest Copies, Inc. Photocopying
3403 450.09 Alice Cummings Reimbursement--Prints and Training
Expenses
3404 1 , 100.00 Delcon Heating and Air Flashing for Roof--Distel Circle
Conditioning
3405 58.37 ** Four Wheel Parts Wholesaler Equipment Part
3406 107.43 Egghead Software Computer Software
3407 442.47 Expedite Grpahic Products Signs
3408 508. 16 Farrelle Communications Radio Ea_uiD_ ment
3409 60.07 Film to Frame Slides
3410 3,765.17 David B. Fisher Legal Services
3411 47. 19 * Garden Equipment Equipment Repair
3412 4,357.06 General Electric Mobile Radio Equipment
Communications Distribution
3413 3,730.00 Geoforensics, Inc. Geologic Investigation--Rancho Ranger Ya_
3414 39.51 Gibson Studios Prints
3415 163. 14 Goodco Press, Inc. Printing
3416 96.33 Mary Gundert Private Vehicle Expense
3417 4, 141 .24 Harrington & Associates Consulting Services--20th. Anniversary
3418 4.94 Keeble & Shuchat Photography Slide Processing
3419 461.65 Konica Business Machines Maintenance Agreement
3420 544.81 Langley Hill Quarry Base Rock
3421 64.69 Judy Law Reimbursement--Frames
3422 520.00 Lopez Gardening Service Gardening Service
3423 161 .78 Los Altos Garbage Company Dumpster Rental
3424 850.00 Magana's Building Maintenance Janitorial Services
3425 330.20 Minton's Lumber & Supply Field Supplies
3426 99.53 Moffett Supply Company Sanitation Supplies
3427 406.02 Monogram Sanitation Sanitation Supplies
3428 62.75 Mountain View Optometry Safety Glasses--M. Ken
3429 20.61 Noble Ford Equipment Part
3430 122.40 Stanley Norton September Expenses
3431 299.73 Orchard Supply Hardware Field Supplies
3432 1 ,720.48 Pacific Bell Telephone Service
3433 174.32 Page & Turnbull , Inc. Architectural Services--Picchetti
3434 54.00 Personnel News Subscription
3435 143.00 Peninsula Newspaper Group Advertisement
* Emergency check issued on November 9, 1992.
**Emergency check issued on November 13, 1992.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-31
SUMMARY OF DECEMBER 9, 1992 REGULAR BOARD MEETING
Resolution of Appreciation Honoring Richard S. Bishop - The Board adopted Resolution 92-
60, honoring Director Richard Bishop upon his retirement as Director of Ward 7. The Board
recognized his many contributions in the interest of developing a regional greenbelt
during the past fifteen years.
License Agreement for the Town of Portol.a Valley to Remove Two Trees from Windy Hi11 Open
Space Preserve and Reroute Corte Madera Creek - The Board approved the License Agreement
for the Town of Portola Valley to stabilize the Alpine Road roadbed.
Notice of Completion for Picchetti Barn Restoration Project - The Board approved the
Notice of Completion of Contract and Acceptance of Work for the barn restoration project
at the Piccbetti Ranch Area of Monte Bello Open Space Preserve. The project was funded by
a $192,000 state historic preservation grant.
Dedication Status of District Lands - The Board adopted Resolution 92-61 dedicating
interests in certain lands on Long Ridge, Monte Bello and Rancho San Antonio Open Space
Preserves as public open space.
Proposed License and Registration Reimbursement Policy - 'The Board adopted the proposed
policy to reimburse employee license fees when the license is required and used for the
exclusive benefit of the District.
1992-1993 Budget Review - The Board approved the Budget Committee's recommendations to
redirect $500,000 (10%) of the controller's projected 1992-1993 annual operating budget of
$5,000,000 to a reserve fund of $450,000 and a special use fund of $50,000. The
committee's recommendations were a result of a detailed review of the District's remaining
1992-1993 operating expenses and a staff presentation of potential reductions in each
program.
Proposed Addition of the Norton Property to the Russian Ridge Open Space Preserve - The
Board adopted Resolution 92-62, authorizing the purchase of the 32.34 acre parcel that
will provide a critical link in the Bay Area Ridge Trail. The Board tentatively adopted
the Preliminary Use and Management Plan recommendations, including naming the property as
an addition to the Russian Ridge Open Space Preserve, and indicated its intention to
dedicate the property as public open space.
Policies Related to Site Naming, Gifts Policies, an The Board
accepted the Gifts Policies Committee's recommendations, including its review of policy
proposals developed by the committee with Peninsula Open Space Trust representatives.
Seasonal Trail Closures Information Report - The Board accepted the staff report.
Authorization to Purchase Tractor - The Board authorized the $29,973 purchase of a
skiploader tractor, from Nobel Ford of San Jose.
Cancellation of December 23 Regular Meeting_ The Board canceled its December 23 Regular.
Meeting.
Deborah Morvay-Zucker
Recording Secretary
Open Space . . . for room to breathe 20th Anniversary - 1972-1992
336-57is—tel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX:415-691-0485 1)
General Manager:Herbert Grench Board ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hank,),Betsy Crowder,Richard Bishop
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Claims No. 92--21
Meeting 9 2-3 1
Date: Dec . 9 , 1902
REVISED
MIDPENINSULA REGIONAL OPO4 SPACE DISTRICT"
# Name Description
3464 824.50 Acme & Sons Sanitation Sanitation Services
3465 231 .65 Albright Seed Company Seed Mix
3466 2,071 .20 Alves Petroleum, Inc. Fuel
3467 113.31 Randy Andersen Reimbursement--Office Supplies
3468 705.00 Breon, O'Donnell , Miller, Legal Services
Brown & Dannis
3460 51 .96 Carleen Bruins Reimbursement--Docent Expense
3470 080.00 Brian Kangas Foulk Feasibility Study----Beneditti Property
3471 190.35 California Water Service Water Service
3472 165.00 Campbell 's Towing Vehicle Towing
3473 506.41 Carsonite International Road Markers
3474 93.41 Clark's Auto Parts/Machine Shop Vehicle Parts
3475 159.54 Coastside Proflame Propane Fuel
3476 118.63 Communication & Control , Inc. Utility and Well Pump----Mt.Ur^,unhum
3477 350.00 Deloitte & Touche Legal Services
3478 35.98 DFM Associates Resource Document
3470 2,264.88 Design Concepts Design and Production--Annual Report,
Business Printing and Slide Shovw4s
3480 91 .00 East Palo Alto Water District Water Service
3481 2,880.76 Empire Tractor and Equipment Equipment Rental
Company
3482 2,416.00 Employment Development Department Unemployment Insurance
3483 10.45 Falcon Press Resource Document
3484 17.62 Foster Bros.Security Systems,Inc. Keys and Locks
3485 63.66 Gibson Studio Photographs
3486 583.63 Goodco Press, Inc. Printing
3487 692.64 Harbinger Communications Mailing List Maintenance
3438 45.60 Phillip Hearin Private Vehicle Expense
3480 114.80 Hengehold Truck Rentals Van Rental--Fremont Older House Tour
3490 279.88 Home Depot Field Supplies
3491 198.00 Honeywell Protection Services Burglar Alarm Maintenance Agreement
3492 521 .74 Kaiser Cement Corporation Base Rock
3493 23.27 Keeble & Shuchat Photography Color Prints for Acquisition Grant
3404 535.68 Konica Business Machines Copier Maintenance Agreement
3495 45.53 Lab Safety Supply, Inc. First Aid Supplies
3496 137.53 Lee & Associates Rescue Rope
3497 112.50 Ligtelyn Communications Radio Repair
3498 421 .78 Los Altos Garbage Company Dumpster Rental
3490 600.00 Magana's Building Maintenance Janitorial Services
3500 103.75 S. P. McClenahan Company Tree Branch Removal
3501 211 .00 McGrath RentCorp Temporary Office Building Rental
3502 6,076.70 Milstone Geotechnical Geotechnical Services
3503 141 .07 Minton's Lumber & Supply Field Supplies
3504 822.84 Miracle Auto Painting Vehicle Repairs
3505 303.25 Monterey Peninsula Regional Park Conference Expenses--Directors and Staft
3506 District 1
3507 25.00 Motorola, Inc. Antenna Site Rental Fees
3508 231 .00 Munday and Collins, Inc. Equipment Rental
3509 51 .22 Noble Ford Tractor Parts
3510 45.79 Norney's Of Mountain View Office Supplies
Claims No. 92-21
Meeting 92-31
Date: Dec. 0, 1992
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Name Description
3511 100,000.00 First American Title Insurance Property Purchase----Norton
3512 Company
3513 27.22 Northern Energy Propane Fuel
3514 1 ,370.78 Office Depot Office Supplies
3515 1 ,445.30 Pacific Sell Telephone Service
3516 149.82 Peninsula Blueprint, Inc. Supplies, Blueprints and Photocopying
3517 17.94 Piombo Construction Company Base Rock
3518 257.98 Pitney Bowes Inc Postage Machine Rental and Supplies
3510 21 ,274.00 Precision Works, Inc. Demolition--White & wane Properties
3520 62.50 Michael wane Research Services
3521 826.00 R & M Paving Parking Lot Repair
3522 62.45 Thomas Randall Reimbursement--Training Registration and
Supplies
3523 32.50 Rayne Water Conditioning Water Service
3524 74.35 Rich's Tire Service Tire Repairs
3525 1 ,035.30 Roy's Repair Service Vehicle Maintenance and Repairs
3526 194.07 Chris Saenger Insulation--Mt.Umunhum ;dater Line
3527 4, 151 .60 San Jose Forest Products, Inc. Lumber--Stevens Creek Bridge
3528 672.00 San Jose Mercury News Advertisement
3529 1 ,221 .36 Santa Clara County Sheriff's Patrol Service
Department
3530 0 County of Santa Clara County Deposit Forms
3531 ;-2 '-t}F}D= Santa Clara Land Title Land Purchase---.Vidovich
3532 1 ,760.00 E. R. Sheehan Trail Layout and Discing
3533 137.48 Shell Oil Company Fuel
3534 517.87 Signs of the Times Signs
3535 92.88 Skyline County Water District Water Service
3536 46.11 Jacqueline Stewart Reimbursement---Photocopying
3537 75.00 Sunnyvale Medical Clinic Audicgrams-.--.Rangers
3538 47.04 Taylor Rental Equipment Rental
3539 1 ,916.03 Teater & Etc. Artwork--Maps and Brochures
3540 200.00 Telephone Emporium, nc. Equipment Repair
3541 38.07 United Parcel Service Delivery Service
3542 188.00 University Art Center Graphic Supplies
3543 5,270.86 University Club of Palo Alto 20th. Anniversary Dinner
3544 70.47 Value Business Products Office Supplies
3545 510.00 Vossbrinck Associates Alpine Lake Nature Study
3546 392.47 The Workingman's Emporium Uniform Expense
3547 107.16 Word Products Computer Supplies
3548 741 .00 Windward Construction Company,Inc. Building Repairs
3540 147.85 Yardbird Equipment Sales Equipment Repairs
3550 200.00 Lopez Gardening Service Gardening Services
3551 1 ,007.51 Herbert Grench Reimbursement----NRPA Conference and
OSA Meeting Expense
3552 4,086.85 All Chemical Disposal , Inc. Removal of Underground Fuel Tangy:
3553 4,357.06 Ericsson GE Mobile Communications hunt Umunhum Repeater
3554 96.61 Sheryl Marioni Cochran Private Vehicle Expense
3555 154.28 Langley Hill Quarry Base Rock
3556 91 .26 S & W Equipment Company Equipment Repair
3557 970.00 Santa Clara County Architectural and Site Review Fees
3558 647.32 Petty Cash Docent and Volunteer Expenses, Field and
Office Supplies, Local Meeting Expense.
First Aid Equipment, Postage and
Private Vehicle Expense
PONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Nov. 10, 1992 / Staff Acknowledge/Respond
/ Draft Response Attached
1 Bay Hill Place staff to be Directed to Prepare Draft
Response for Board Consideration per
HMB, CA 94019 Board Directive(s)
No Response Necessary
Board Members
Midpeninsula Regional Open Space Districe �!
330 Distel Circle N O r,l 6 .1&134
Los Altos, CA 94022-1404
Dear Board Member:
I am one of your most frequent customers, and can be found several times per week running on Har-
kins trail. I have lived nearby, south of HMB for eight years. Before I proceed to the purpose of
this letter,please allow me to compliment your rangers on their technical expertise,which has been
evident each time I ask a question.
The purpose of this letter is to request your permission to take my dog on Harkins Trail. I recommend
that you consider visibly badging authorized dogs,those whose owners have made a substantial but
affordable contribution,say$100 per year. I believe you will find that many of your customers will
be happy to spend their money in this manner, since our options have been reduced over the years.
Sincerely,
Tom Arkwright
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSEPREPARED BY STAFF FOR BOARD CONSIDERATION
Tom Arkwright
1 Bay Hill Place
Half Moon Bay, CA 94019
Dear Mr. Arkwright:
At their regular meeting last night, the District ' s Board of
Directors reviewed your November 10 letter concerning dogs on
District preserves .
We understand your desire to be able to have your dog accompany
you on the Harkins trail . However, the District ' s Board of
Directors has had to make a difficult decision to limit dog
access based upon a wide range of public opinion and information.
Although there are many responsible pet owners, some have allowed
their animals to frighten preserve visitors and chase wildlife.
There have been many documented incidents of wildlife killed by
uncontrolled dogs. The District preserves were created
principally to protect and encourage the proliferation of native
plant and animal species.
The difficulty and expense of administering and enforcing an
"authorized dog" program has discourage d us from taking this
approach . We have been studying the effects of dogs on the
preserves for several years. Dogs are allowed in five District
preserves. The Board has a Dog Committee, which recommended the
current limited dog use policy as an interim solution. The goal
of the committee is to establish a permanent dog policy that is
sensitive to the needs of all the preserves and to the public who
visit the sites. The Dog Committee will be meeting again with
the goal of developing a policy for Board adoption over the next
several months. We encourage your participation and will notify
you when committee meetings are scheduled.
Sincerely,
Robert McKibbin, President
Board of Directors
RM: ss
cc: Board of Directors
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 (R)
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
RESPONSE ACTION PROPOSED BY STAFF _._..._._.
Board President Acknowledg pond
Director Acknowledge/Respond
Staff Acknowledge/Respond 19 1gQ9
Draft Response Attached NOV�At+ `j
Staff to be Directed to Prepare Draft 10502 Wilkinson Avenue
Response for Board Consideration per
Board Directive(s) Cupertino, CA 95014
(40S) 725-0275
No Response Necessary November 11, 1992
Mid-Peninsula Regional Open Space District
330 Distal Circle
Los Altos, California 94022-1404
Ladies and Gentlemen:
This Monday a friend showed me a copy of a Mercury-News "Peninsi.Aa" section. This
section contained an article on the MROSD's 20th anniversary. I will attempt to determine the
basis for distribution of this section, to see whether I can become a regular reader of it, because
it does NOT get included in the Mercury-News we have been getting for the past 20 plus years.
The regular edition of the paper carried articles on the confrontations on Mt. Umunhum,
and about the prospective purchase from Mr. Vidovich, but none of the sort of day to day news
about the MROSD which would have been of interest.
We subscribed to the Times Tribune for awhile, and found very little about the MROSD
in it either.
You might want to talk with the papers to see what you can do to widen the coverage of
news about the MROSD.
In a similar note, a number of years ago I was at the Santa Clara County office building
for something else, and asked at the information desk about where the MROSD office was
located, and had to explain to the person at the desk what the NMROSD was. You might want to
see whether you could get them to supply information about the MROSD there. After all, five of
the seven wards are in Santa Clara County.
The MROSD is in the San Jose Telephone book white pages. A few years back I had to
look it up in the Sunnyvale-Mountain View directory because I didn't find it in our directory.
Are there other books, such as the Los Gatos, or Saratoga directories where the District is NOT
listed?
One other area you might want to address is the same problem that other regional
agencies probably face: The "Government Pages" in all of the white pages. There are spaces for
City, County, State, and Federal agencies, but none for multi-jurisdiction agencies such as
ABAG and MROSD.
Speaking of ABAG, I haven't been able to find one of their directories of the "alphabet
soup" agencies more recent than the 1974 and 1976 ones. MROSD wasn't listed at that time; is
it now?
You may wonder why you don't get more feedback from citizens. Perhaps some of the
things I've mentioned are part of the cause. Most of them could be solved with little or no cost.
Yours truly;
4115-1,
Ro rt J. Letiy
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Mr. Robert J. Levy
10802 Wilkinson Avenue
Cupertino, CA 95014
Dear Mr. Levy:
Thank you for your November 11 letter. I'm sorry I was not able to respond sooner; due to the
rescheduling of Board meetings last month, we weren't able to address your suggestions until last night.
I appreciate your comments on the District's public relations activities. As you may know, last
summer the District hired a public affairs manager. The areas of concern you pointed out are also ones
that he has noted and is addressing as part of a comprehensive public affairs plan. Let me know if you'd
like a draft of that plan, which is in the process of being reviewed and refined.
In response to your specific questions, the Mercury News prints four different "local" sections
(Alameda, Peninsula, South County, West Valley) and distributes them in the corresponding geographic
areas. The Peninsula version seems to provide us with more regular coverage, perhaps due to the
midpeninsula location of many of our preserves. Additional emphasis should be put on the West Valley
version to provide those residents with more District information. The Peninsula Times-Tribune has
provided positive coverage in the past, although never as much as we might want! Our public affairs
manager is working on maximizing coverage in all the local newspapers.
We also intend to provide written District information in city and county buildings that are open
to the public. In addition, we plan to be listed in the white pages of all phone books within our
jurisdiction, under both "Midpeninsula..." and "Open Space District," and are looking at the cost and
feasibility of listing in the government pages. The government directory produced by ABAG does not
include special districts such as ours.
Again, thank you for your comments and suggestions. If I may be of any further assistance or
provide additional information, please don't hesitate to write again.
Sincerely,
Robert J.McKibbin
President of the Board
RJM/mcs
cc: Board of Directors,
Midpeninsula Regional Open Space District
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 Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
V Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
No Response Necessary November 16, 1992
Board of Directors
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
To Whom it May Concern:
This letter is written in response to the proposed trail use guidelines for Open Space. I am
an equestrian, and have ridden the open space area adjacent to Stevens Creek County Park
for the past 15 years or so. I have seen the changes in the trail use patterns since the onset
of the mountain bike use.
My mare is 19, and together we have had more incidents with mountain bikes on the trail
than I can count. I first wrote to the Board in 1988, when an accident between bicycles and
my horse resulted in kicked bikes and an injured horse. Last November she spooked at
bikes and stepped off the road over a cliff; I bailed off, luckily she got her footing and came
out of the incident with no more than a pulled tendon.
The incidents of bikes speeding around blind corners and frightening us are numerous. I
have taken to riding only the trails I feel the bikes are least likely to take, and only then in
the direction which I am likely to meet them oncoming (it is much worse when you have
them fly silently up behind the horse). There are several trails that I have completely aban-
doned to the bikes, if I have too many incidents on a particular trail, that's a sign to me that
it's just not worth it. When the traffic is heavy, it's like trying to ride the horse on a freeway.
Ninety-nine percent of my accidents have involved speed on the part of the bike. Over the
years, as the cyclists have become educated, they have slowed down, but there is always the
uneducated beginner or energetic individual that acts as though they 'own the trail.' I fail to
understand why signage is not provided that would fill newcomers in to the rules of the
road, (such as go slowly around all blind corners, yield to horses and hikers).
The portion of the proposed rules that I feel is unfair and dangerous is the idea that horses
and bikes be regulated to staying on the road, with no use of the single track trails. I have a
couple of points to make here: 1) before the onset of mountain bikes, horses and hikers
got along with no problem on single track trails, 2) horsepeople have only the trails within
riding distance available to them. Most people cannot afford to own horsetrailers. By cut-
ting out the single track trails to horses, you are affectively cutting our available riding area
by at least a third. Bicyclists can pick up their bikes and go to other areas to expand their
available trails. With a horse, unless you own a truck and trailer, (most of us don't) you
cannot. 3) Some of the roads themselves are downright dangerous. I can think of a few
roads (coming up out of the hayfield, for instance) that have blind corners on very steep
slopes. It is hair-raising to meet a bike flying down the hill around one of those corners.
Not being allowed to take the single track trails (such as the remodeled one leaving the
hayfield) does not give the equestrian any options that the rider may find a safer choice.
In the hayfield, I am one of those equestrians who have taken to riding on the plowed strips.
It is an incredible relief to ride somewhere where you don't have to be on the constant alert
for someone zipping by you and frightening you and your horse.
Recently the Marin County Board of Supervisors passed a ruling that excludes all bikes from
the use of single track trails on Mt. Tamalpias. This, in spite of the fact that the bikes are the
largest user group on the mountain. The use by rangers of radar to record and ticket speed-
ing bicycles apparently was not effective enough.
I would encourage the Midpeninsula Committee to adopt a similar ruling. The horses only
have so much space. We do not have the flexibility to pick up and move from park to park
the way bike riders can. You cut off any of the trails that we have and we really feel it,
there is little place else for us to go.
A lot is said about how many bicylists there are in the county, and what a strong lobbying
force they have become. The horsepeople are not organized, but we are here, we pay our
taxes too. We support a fairly large industry; veternairans, tack shops, feed stores, stables,
trailer and truck dealers, to name a few. I can hardly believe that it would be wise for either
Midpeninsula Open Space or the County to alienate such a portion of their interested taxpay-
ers. Logically, if this area can no longer serve the needs of all it's populace, they can look
forward to loosing part of their tax base due to attrition.
Sincerely,
Linda Harris
Linda F.Harris
0 bur
27151atie: sic Kaad,Santa Clara,CA 95051
r--;s
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Linda Harris
1715 Lawrence Road
Santa Clara, CA 95051
Dear Ms. Harris:
Thank you for your recent letter about conflicts between horses
and mountain bikes on Open Space preserves. At our December 9th
Regular Meeting, the District's Board of Directors reviewed your
comments.
The safety of all preserve visitors is a primary concern to us.
We are in the process of developing detailed trail use guidelines
that will provide for a safe and enjoyable trail experience and
will accommodate a variety of users. We will add you to the
mailing list for future trails committee meetings. The next
meeting is scheduled for December 14th. We encourage you to
attend and further express your opinions. The District has
published a trail etiquette brochure to encourage courtesy among
all trail users. We are actively working with user groups to get
their input and help in resolving conflicts. We are encouraged
by the progress made thus far. our staff is installing more
control and informational signs where needed. Also, our rangers
are patrolling problem areas more frequently. Rangers can issue
citations for reckless cycling when they witness the violation.
We� are sorry that you have had such unpleasant experiences.
Considerate bicyclists use District trails, too. We hope you
will meet more of them during your future preserve visits.
Sincerely,
Robert McKibbin, President
Board of Directors
cc: Board of Directors
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 Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-124
Meeting 92-124
December 9 , 1992
AGENDA ITEM
1992-1993 Budget Review
BUDGET COMMITTEE ' S RECOMMENDED ACTIONS :
• Redirect the equivalent of 10% , or $500 , 000 , from the
remaining 1992-1993 operating budget
• Redirect $450 , 000 to a reserve fund
• Redirect $21 , 150 to cover the "E" items shown on the
individual program analysis sheets
• Redirect $28 , 850 to a discretionary fund to be distributed
as deemed by the General Manager
• Reduce the Directors ' fees budget by 10% and continue the
practice of scheduling multiple meetings in one day.
DISCUSSION: The District ' s legislative liaison, Ralph Heim,
reported in August that the District may annually incur up to a
35% reduction in property tax revenues due to the ongoing
imbalance of the state ' s budget. The Board and staff elected
then to place on hold all hiring and capital improvement projects
pending a budget review. In preparation of these imminent
revenue reductions, the Budget Committee and management team
began in September a ten-week process of reviewing the remaining
1992-1993 operating expenses . Following are the Committee ' s
recommendations resulting from this mid-year budget review.
The management team outlined with great detail program expenses
remaining in this fiscal year. Current salaries and benefits and
committed capital improvement funds were not included in this
review. The acquisition budget was reviewed separately. These
expenses were then collectively ranked by priority of importance;
the higher ranking items impose the most District-wide impact if
withheld this year. The Committee unanimously agreed the ranking
be the responsibility of the staff . With all programs combined,
staff presented potential reductions totalling 13%, or roughly,
$650 , 000 , of the controller ' s projected 1992-1993 annual
operating budget of $5, 000 , 000 . (Refer to Combined and Ranked
Operating Budget Reductions - All Programs and Revised Budget
Analysis sheets for the planning, operations , acquisition, public
affairs , and administration programs . Copies of these
supplemental documents are available at the District office for
public review. )
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,I eena Henshaw,Gin ny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
R-92-124 Page Two
The Committee recommends the equivalent of 10% of the
controller ' s projected operating budget , roughly $500 , 000 , be
withheld from implementation this year. We recommend redirecting
an additional $21 , 150 to cover the "E" items reported in the
individual program budget analysis sheets and $28 , 850 for
emergency projects or equipment deemed necessary by the general
manager. The balance of $450 , 000 will shift to an emergency
reserve fund.
Each item held will be considered for reinstating or rescheduling
when the 1993-1994 capital improvement plan, action plan, and
budget are developed.
The Committee strongly recommends that the Board and staff
continue to proceed cautiously with all planning and spending
until future funding has been secured. We suggested that the
Board charge next year ' s Budget Committee and staff with
developing a $4 . 5 million dollar operating budget , ranking the
unfunded items for possible reinstatement . Likewise , the
Committee recommends the 1993-1994 Budget Committee not institute
the two-year budget until funding is more secure .
We greatly appreciate the discretion and cooperation shown by
staff through this arduous process . They ' ve certainly
demonstrated the power of their "team. "
Prepared by: Ginny Babbitt (Committee Chair) , Bob McKibbin, and
Teena Henshaw
COMBINED AND RANKED OPERATING BUDGET REDUCTIONS - ALL PROGRAMS 1/4
11-30-92
Code Expense Item Description Comments and Helpful Hints
$5,000,000 Controller's Projection Operating Expense Projection - All Programs
-3% ($144,850) Operating Budget "Savings" Revised Operating Budget = $4,855,150
1 PL -3% ($2,200) Special Legal Fees Unanticipated legal assistance
2 PL -3% ($500) Temporary Office Help I
Unanticipated secretarial assistance
3 AQ -3% ($500) Temporary Office Help 5004
4 GA -3% ($1,500) Computer for Herb
5 AQ -3% ($200) Education Assistance 6602 - 100% cut
6 GA -3% ($1,000) Training and Seminars In-house_training program
7 PL -3% ($1,000) Printin and Du licatin Corresponds to decrease in CIP plannLg
8 PL -3% ($1,500) Com uter Equi pment Computer for 2nd Planning Technician
9 AQ -3% ($100) 'Miscellaneous 5099
10 GA -3% ($600) Temp: Office Hel''
11 PL -3% ($300) Libras Books Hold on new library materials
12 AQ -3% ($2,500) Arch./Eng. 5204
13 AQ -3% ($1,000) Planning Contractor 5206
14 PL -3% ($300) Business Meetings, Local and out of town meetings
15 GA -3% ($200) Local Business Meeting
16 PA -3% ($1500) Photography services 50% reduction
17 AQ =3% ($5,000) Appraiser 5210
18 AQ -3% ($1500) Ac usition'Reports 5211
19 OP -3% ($3''000 Protective Barriers' New gates and fencingmaterials
20 OP -3% ($1500) Professional Services Background investigating; L.E. consultant
21 All -3%,--($3425) Professional'Conferences All Programs
22 PL -3% ($500) Training and Seminars Will leave 2/3 of original FY 92-93 budget
23 PL -3% ($300) Educational Assistance Will leave 1/2 of original FY 92-93 budget
24 AQ 4% ($100) Out of Town Meetings 6502 - 33 % cut
25 AQ -4% ($500) Training & Seminars 6601 - 20% cut (33% of remainder)
26 PA -4% ($900) out of town business mtgs initial cut
27 GA -4% ($1,000) Training and Seminars Portion in-house training program
28 PA -4% ($500) miscellaneous printing, 33% reduction
29 PA '-4% ($1,000) ublic events 25% reduction
30 OP -4% ($700) Educational Assistance No requests pending
31 AQ -4% ($1500) Other Services 5299
32 AQ -4% ($50) Duplicating 5902
33 AQ -4% ($50) Miscellaneous 5999
34 OP -4% ($800) Equipment Repair Currently unders ent - un redictable
35 OP -4% ($200) Office Equipment Misc. equipment
Combined 2/,'
36 OP -4% ($800) Sign Replacement Defer maint. and replacement
37 PL 4% ($6,000) La Honda-Paulin Bride Shared project with neighbor-no interest
38 PL -4%` ($3,000) SROSP Pay Telephone Will try to get Cal Trans to install
39 'PL 4% ($5,000) Sk line Ridge Dump ...Cleanup of dump near building complex
40 PA 4% i($500) other prof. services leaves $250
41 PA 4% ($25,000) Visitor's Guide revision 100% deletion for this year
42 AQ -4% ($50) Office Equipment 6901
43 AQ 4% ($1,000) Office Supplies 6902
44 AQ -4% ($500) Resource 7112
45 AQ -5% ($2,000) Structures Interior 7102
46 OP -5% ($3,000) Personnel Consultant Team buildin
47 OP -5% ($400) Local Business Meetings
48 OP -5% ($10,000) Site Prep Defer misc. clean-up projects
49 PL -5% ($3,000) FOOSP Parkin Design Provide for overflow parkin
50 :GA -5% ($900) Computer'sup lies
51 GA -5% ($400) Local Business Meeting;
52 AQ -5% ($50)' Maps 6201
53 AQ -5% ($2,000) Machines 8302
54 AQ -5% ($500) Library 5402
55 All -5% ($3,425) Professional Conferences All Programs
56 OP -5% ($16,000) High Capacit Trailer Reduced efficiency of rental equi ment
57 PL -5% ($2,500) WHOSP Up2er Restroom Restroom is in stock, need only tank
58 PL -6% ($7,500) Purisima Lower Restroom Will replace interim rental unit
59 PL -6% ($15,000) Purisima'PGE Project Provides emergency emeEgency helicopter access
60 AQ -6% ($100) Out of Town Meetings 6502 - 66 % cut
61 AQ.. -6% $500 Training & Seminars 6601 - 40% cut 66% of remainder
62 PA -6% ($'1',000) 20th Anniversary will reduce scope of events this FY
63 PA -6% ;;($900) out of town business mt s second cut
64 GA -6% ($1,000) Training and Seminars Portion in-house training program
65 GA -6% 1 ($600) Temp. Office Help
66 OP -6% ($3,000) Sheriff's Patrol 40% of remaining funds - Sierra Azul
67 OP -6% ($3,000)' Roads Grade and rock Mora access
68 AQ -6% ($500) Mapping 5208
69 AQ -6% ($1,000) Title Reports 5212
70 PL -6% ($200) Training and Seminars Will leave 1/2 of original FY 92-93 budget
71 OP -6% ($5,000) Salary - Seasonal OST _Uy off seasonals by 12/1 (20% of budget)
72 PA -6%_ ($1500) Photography services 50% further reduction
73 PL -6% ($10,000) Hoskings Dump Plans Needed to comply with S.M.Co ordinances
74 OP -6% ($1000) Volunteer Programs Limit guests Bakers, materials, Trail Days
75 PL -7% ($7,000) Pulgas Restoration,'Plan Would complete comprehensive RMP
76 OP -7% ($4000) Fire Pumper Replacement of 12-15- ear-old unit
77 PL -7% ($10,000)1 Nature Center Develoment (a) Implementation of plans, possible grant
Combined 3
78 PL 7% ($10,000) Al ine Dam Plan FeasibilityStud required b State DSOD
79 PA -7
($500) eneral info brochure reduction in quantityrimed
80 PA -7% ($1,000) ublic events leaves $500
81 PA -7%; ($500) miscellaneous printing I add'l. 33% reduction
82 OP -77o ($700) Traininiz Misc. training opportunities (20% of budget)
83 GA -7%:' ($100) Books and>subscriptions
84 GA 7% ($100) Books and`Subscriptions
85 PA -7% ($300) advertising" leaves 0
86 OP -7% ($4,000) Equipment Rental Limits timely rep air winter storm damage, 60%
87 OP -7% ($1,000) Safety Program Disaster caches and other program expenses
88 PL -7% ($10,000) WHOSP C. Madera Trails Trail Center proposal is nearly complete
89 PL -8% ' ($8,500) Pulgas Demo &Parking Plans Provides opportunity for public access grant
90 OP -8% ($5,000) Pionjar Backs up critical equipment
91 OP -8% ($5,000) Roads Sierra Azul grading, lose $1,000 from PG&E
92 GA -8% ($2,000) Computer Equipment Twenty percent networking-upgrade rogram
93 PA -8% ($500) training & seminars leaves $250
94 GA -8% ($500) Training and Seminars
95 GA -8% ($200) Local Business Meetin
96 'AQ -8% > ($300) Training &`Seminars 6601
97 GA -8% ;($100) Training and Seminars
98 GA -8% ($2,000) Computer Equipment Addtn'1 20% computer networking-u grading
99 GA -8% ($200) Books and Subscri tions
100 PL -8% ($26,000) Sk line Field Office Plans Would complete plans/specs, $10,000 spent
101 PL -9% ($10,000) MBOSP Disc Line Trail Provides desirable loop trail near Page Mill
102 PL -9% ($3,000) Pulgas Restoration Plan ' Completes portion of plan for securing rant
103 OP -9% ($5,000). Structures Defer maintenance and repairs
104 OP -9% ($800) Sho .Tools Replacement and new small tools
105 OP -9% ($1,000) Fire Tools Limits tools in vehicles and replacement
106 OP -9% 1 ($3';000) Sheriff's Patrol 45% of budget, 100% of remaining
107 PA -9% ($200) office,'equipment leaves 0
108 OP _9% ($1,000) Sup2lemental Vehicle Lights and radio installation, misc. tools
109 PL -9% ($4' 000)' RSA Restrooms Implements long-term commitment to DHF
110 OP -9% ($8000) Supplemental Vehicle>$200 Flatbed conversion, utilit bod
III OP -9% ($16 000) Patrol Truck Defer replacement, increased maint. cost
112 OP -10% ($4,000) Field Equipment >$200 Yazoo mower, chain saw, and generator
113 OP -10% ($5,000) Roads Storm damage repairs
114 PL -10% ($8,000) Alpine Dam Plan Feasibility Study required by State DSOD
115 PA -10% ($900) out of town business mtgs Leaves $1500
116 OP -10% ($5,000) Salary-Seasonal OST 100% of remaining budget
117 PA -10% ($500) software need for bringing mailing list in-house
118 GA -10% ($300) Staff Activities Fund -Remaining monies not spent
119 OP -10% ($2,000) Equipment Rental 90% budget, no reserves for storm damage
Combined 4/1'
120 PL -10% ($3,000) MBOSP Sign/Brochure Map Provides revised detailed trail use maps
121 OP -10% ($1,000) Training Defensive Tactics Training
122 OP -10% ($20,000) Roads All-weather surfacin of Skyline lots
123 PL -10% ($2,500) Nature Center Plans Provides plans to develop interpretive exhibit
124 OP -11% ($1,200) Shop Equipment Hoist and frame, aids loading of heavy items
125 GA -11% ($1,500) Computer for Jean
126 OP -11% ($1,700) Computer for Docent Coor, or O s. Mngr.
127 OP -11% ($1,000) Training First aid recertifications
128 GA -11% ($900) Three color monitors For Deb, Emma, and Marie
129 AQ -11% ($2,000) Machines 8302 - Diane's Computer
130 GA -11% ($1,200) Upgrade one CPU CPU for Deb
131 GA -11% ($200) Local Business Meeting
132 OP -11% ($30,000) Tractor Fire season and winter p re ., storm damage
133 PL -12% ($50,000) RSA Field Office Allows construction to start in March 1993
134 OP -12% ($1,000) OST - Lead Conversion 2 positions Jan-Mar (annual cost $5,000)
135 OP -12% ($5,300) Docent Coor. 2nd 1/2 Jan-Mar '93 (Annual cost $20,500)
136 PA -12% ($1,000) general info brochure add'l. cut in cLuantity
137 PA -12% ($2,000) site brochures/maps 16% reduction in rint uantit
138 PA -13% ($4,000) newsletters 22% reduction (approx. 1 newsletter)
1/3
REVISED BUDGET ANALYSIS FOR FISCAL YEAR 1992-1993
DEPARTMENT: PLANNING
11-30-92
Code Expense Item Description Comments and Helpful Hints
A) Approved 1992-1993 Budget Program budget approved in March 1992
1 $1,532,400 Total Planning Budget Salaries, service and IuE21ies, fixed assets
2
3
4 * 100% $1,532,400 Total Operating Budget All ex enses other than land & debt service
* Represents percent of Total Planning Budget (line Al)
B) Unavoidable Unbudgeted Expenditures Operating bud et & unavoidable over-runs
1 $1,532,400 Total Operating Budget Figure is calculated above in Section A
2 $7,100 Social Security/Medicare Retroactive & adjusted for remainder of ear
3 $28,300 Salary Adjustments (RA) '; Retroactive & adjusted for remainder of year
4 $4,250 Benefit Adjustments(RA) Retroactive & adjusted for remainder of ear
5 $400 Long Term Disability (RA) Started 10/92 & adjust for remainder of ear
6 $400 Employee Assistance (RA) Started 10/92 & adjust for remainder of year
7 $22,`150 Sausal 'S illwa Re air Project budgeted for $26,850; cost $49,000
8 $2,500 Skyline Water System Engineering incl. geotech re 'd by SMCo
9 $48,000 Skyline Water System Construction cost initially underestimated
10 $2,500 Purisima Portable Toilet Interim measure until constuction occurs
11 $12,000 Building Demolitions Quane, Chew and White; asbestos problems
12 $3,700 RSA Fuel Tank Removal Condition of use permit procedure
13 14 $6,500 RSA Field Office Plans Unanticipated geologic,studie re 'd by SCCo
15 $137,800 Subtotal of Unbudgeted Items Unavoidable over-runs not incl. in budget
16 * 109% $1,670,200 Budget+ Unbudgeted Items Operating budget & unavoidable over-runs
* Represents percent of Total. Operating Budget (line Bl)
C) Expected Underex enditures Projects not to occur or unders ent
1 $1,670,200 Bud et+Unbudgeted Items Figure is calculated above in Section B
2 ($19,300) PERS Credit Prorata credit and surplus for department
3 ($3,050) Worker's Compensation Se arate from above benefit figures
4 ($30,050) 2nd Planning Technician Salary and benefits
5 ($12,350) Planning Secretary (1/2 time) ..Salary and benefits
6 ($4,000) WHOSP Portola Parking $17,000 budgeted, only $13,000 needed
7 ($2,500) SROSP Temporary Office Installation of temporary Bldg plus rent
8 ($68,000) LHOSP Weeks'Road SMCo grading moratorium stalls project
9 ($52,000) Al ine Dam Im rovements implementation and inspections costs
10 ($6)400) Skyline Ridge LWCF Trail' (a) Project completed under budget
Planning 2/3
11 >($24,000) Slate Creek Demos $1000 spent on asbestos, demo after A ril/93
12 ($40,000) Corte Madera Dump Clean-up Plans and ermits will defer implementation
13 ($200,000) RSA Field Office Partially complete by 4/93; continue next FY
14 ($40000) Pulgas>LWCF Trail' (a) Partially com fete b 4/93; continue next FY
15 ($21,000) Ravenswood Restoration Plan (a) Pending grant or mitigation funding
16 ($30,000) Pul as Sewage Plant Demo Pendingpreparation of plans, permits
17 ($10,000) Fowkes Trail Must obtain easement first
18 ($2,000) Proper Taxes Annexations complete and no taxes due
19 ($5000) MBOSP Disc Line Trail Estimates are under budget amount
20 ($569,650) Subtotal of Underex enditures Projects not to occur or unders ent
21 * 72% $1,100,550 Projected Expenditures Adjusted budget minus Underex enditures
* Represents percent of Total Operating Budget (line Bl)
D) Potential O eratin Budget Reductions Items ranked in increasing importance
$1,100,550 Revised Operating Budget Figure is calculated above in Section C
1 -0% ($2,200) Special 'Legal''Fees Unanticipated legal assistance
2 -0% ($500) Temporary Off_iceHelp Unanticipated secretarial assistance
7 -0% ($1,000) Printing and Duplicating Corresponds to decrease in CIP lannin
8 -0% ($1,500) Computer E ui ment ..Computer for 2nd Planning Technician
11 -0% ($300) Library Books Hold on new library materials
14 -1% ($300) Business Meetings Local and out of town meetings
21 =1% ($1,150) Professional Conferences
22 4% ($500) Training and Seminars Will leave 2/3 of original FY 92-93 budget
23 -1% ($300) Educational Assistance Will leave 1/2 of original FY 92-93 budget
37 1% ($6,000) La Honda-Paulin Bridge Shared roject with neighbor-no interest
38 -2% ($3000) SROSP Pay Telephone Will try to get Cal Trans to install
39 -2% ($5,000) §ITIine Ridge.Dump Cleanup of dump near building complex
49 -2% ($3,000) FOOSP Parking Design Provide for overflow parking
55 -2% ($1,150) Professional Conferences
57 -3% ($2,500) WHOSP Upper Restroom Restroom is in stock, need only tank
58 -3% ($7,500) Purisima Lower Restroom Will replace interim rental unit
59 -5% ($15,000) Purisima PGE Project Provides emergency helicopter access
70 -5% ($200) Training and Seminars Will leave 1/2 of original FY 92-93 budget
73 -6% ($10,000) Hoskings Dump Plans Needed to comply with S.M.Co ordinances
75 -6% ($7,000) Pulgas Restoration Plan Would com lete com rehensive RMP
77 -7% ($10,000) Nature Center DDeveloment (a) Implementation of Tans, possible grant
78 -8% ($10,000) Alpine Dam Plan Feasibility Study required by State DSOD
88 -9% ($10,000) WHOSP C. Madera Trails Trail Center pr2posal is nearly complete
89 -10% ($8,500) PuLgas' Demo & Parking Plans' Provides opportunity for public access grant
100 -12% ($26,000) Sk line Field Office Plans Would complete plans/specs, $10,000 s ent
101 -13% ($10,000) MBOSP'Disc Line Trail Provides desirable loop trail near Page Mill
102 -13;% ($3,000) Pulgas Restoration Plan Completes portion of plan for securing grant
Planning 3/3
109 -14% ($4000) RSA Restrooms Implements long-term commitment to DHF
114 -14% ($8,000) Alpine Dam Plan Feasibility Study required by State DSOD
120 -15% ($3,000) MBOSP Sign/Brochure Map Provides revised detailed trail use maps
123 -15% ($2,500) Nature Center Plans Provides plans to develop interpretive exhibit
133 -19% ($50,000) RSA Field Office Allows construction to start in March 1993
-19% ($213,100) Subtotal of Reductions
* 81% $887,450 JProjected Operating Bud et Reflects budget after all adjustments
* Represents percent of Projected Expenditures (line D1)
E) Highly Desirable For Consideration Above Budget
1 $1,000 Resource Data Software GIS resource data for research and planning
2
3
4 $1,000 Total Highly desirable items
(a) Grant Projects
REVISED BUDGET ANALYSIS FOR FISCAL YEAR 1992-1993 1/3
DEPARTMENT: OPERATIONS
11-30-92
Code Expense Item Description Comments and Helpful Hints
A) Approved 1992-1993 Budget Program budget approved in March 1992
1 $2,200,550 Total O erations Budget Salaries, service and supplies, fixed assets
2
3 * 100%1$2,200,550 Total Operating Budget All ex enses other than land & debt service
* Represents percent of Total Operations Budget (line Al)
B) Unavoidable Unbudgeted Expenditures Operating budget & unavoidable over-runs
1 $2,200,550 Total Operating Budget Figure is calculated above in Section A
2 $78,700 Social Security/Medicare Retroactive & adjusted for remainder of year
3 $35,100 Salary Adjustments (RA) Retroactive & adjusted for remainder of year
4 $4,500 Benefit Adjustments (RA); Retroactive & adjusted for remainder of year
5 $2,000 Long Term Disability (RA) Started 10/92 & adjust for remainder of year
6 $1900 Employee Assistance (RA) Started 10/92 & adjust for remainder of year
7 $2,000 Citation Printing Anticipate using current supply by 3/93
8 $8000 District''Vehicles Maint. and Repair - 4K to roll over repair
9 $2,700 Legal Services V lon Easement - El Sereno
10 $3,000 Legal Services Holmes Easement - El Sereno
11 $2,000 Duplicating Volunteer newsletter; field mapping system
12 $400 Fire Equipment Repair Annual maintenance slide on pumpers
13 $500 First Aid Su plies Increased use - communicable disease concerns
14 $2,500 Sewer/Septic Re airs Ranger residence, reserve restrooms, caretaker
15 $4,200 Heating Repairs Replacement of red-tagged furnaces
16 $5,000' Radio'System Start-uptraining, and data entry
17 $7000 Hazard Tree Removal. RSA - Over budget eucalyptus
18 $40,000 Salary and Benefits Underbudgeted for anticipated vacancies
19 $199,500 Subtotal of Unbudgeted Items Unavoidable over-runs not Incl. in budget
20 * 109% $2,400,050 1 Budget+Unbudgeted Items Operating budget & unavoidable over-runs
* Represents percent of Total Operaing Budget (line B1)
C) Expected Underex enditures Projects not to occur or unders ent
1 $2,400,050 Budget+Unbudgeted Items Figure is calculated above in Section B
2 ($73,900) PERS Credit Prorata credit and surplus for department
3 ($56,950) Worker's Compensation Separate from above benefit figures
4 ($10,600) Salary and Benefits New ranger funded 1/93
5 ($27,`600) Salary and Benefits Second EMO funded 10/92
6 ($10,300) Salary and Benefits Docent Coor. full-time funded 7/92
7 ($4,500) Salary and Benefits Docent Coor. 1/2 time vacancy 10/92-12/92
Operations 2/3
8 ($3000) Utilities apparent over-budgeted electrical service
9 ; ($351000) Roads Loma Almaden sealing and patchiniz
10 >;($40,000) Insurance Vehicle and site (overestimated)
11 ($400) Conference Aril adjustment (GM)
12 ($4,800) Furniture Surplus from M.O. serving needs
13
14
15
16
17 ($267,050) Subtotal of Underexpenditures Projects not to occur or unders ent
18 * 97% $2,133,000 jProjected Expenditures Adjusted budget minus underex enditures
* Represents percent of Total Operaing Budget (line B1)
D) Proposed Operating Budget Reductions Items ranked in increasing importance
$2,133,000 Revised Operating Budget Figure is calculated above in Section C
19 -0% ($3,000) Protective Barriers New gates and fencing materials
20 -0% ($1500) Professional``Services Background investigating; L.E. consultant
21 -0% ($300) Professional Conferences
30 -0% ($700) Educational Assistance No requests pending
34 -0% ($800) Equipment Repair Currently unders ent - unpredictable
35 -0% ($200) Office Equipment Misc. equipment
36 -0% ($800) Si n Replacement Defer maint. and replacement
46 -0% ($3000) Personnel Consultant Team building
47 -1% ($400) Local Business Meetings,
48 1% $10000 Site Prep Defer mist. clean-u projects
55 -1% ($300) Professional Conferences
56 -2% ($16 000) High Capacity Trailer Reduced efficiency of rental equipment
66 -2% ($3,000) Sheriff's Patrol 40% of remaining funds - Sierra Azul
67 -2% ($3,000) Roads Grade and rock Mora access
71 -2% ($5000) Salary Seasonal OST Lay off seasonals by 12/1 (20% of budget)
74 1-2% ($1,000) Volunteer Programs Limit guestspeakers, materials, Trail Days
76 -2% ($4,000) Fire Pum er Replacement of 12-15- ear-old unit
82 -3% ($700) Training Misc. training opportunities (20% of budget)
86 -3% ($4,000) Equipment Rental Limits timely repair winter storm damage, 60%
87 -3% ($1000) Safety;Program Disaster caches and other program expenses
90 -3% ($5000) Pionjar Backs up critical equipment
91 -3% ($5,000) Roads Sierra Azul grading, lose $1,000 from PG&E
103 -3% ($5000) Structures Defer maintenance and repairs
104 -3% ($800) Sho2 Tools Replacement and new small tools
105 -4% ($1000) Fire Tools Limits tools in vehicles and replacement
106 -4% ($3,000) Sheriff's Patrol 45% of budget, 100% of remaining
O Operations 3/3
P
108 -4% ($1000) Supplemental Vehicle Lights and radio installation, misc. tools
110 -4% ($8000) Supplemental Vehicle>$200 Flatbed conversion, utility body
111 -5% ($16000) Patrol Truck l Defer replacement, increased maint. cost
112 -5% ($4,000) Field Equipment >$200 Yazoo mower, chain saw, and generator
113 -5% ($5,000) Roads Storm damage repairs
116 -6% ($5,000) Salary-Seasonal OST 100% of remaining budget
119 -6% ($2,000) Equipment Rental 90% budget, no reserves for storm damage
121 -6% ($1,000) Training Defensive Tactics Training
122 -7% ($20,000) Roads All-weather surfacing of Sk line lots
124 -7% ($1,200) Shop Equipment Hoist and frame, aids loading of heavy items
126 -7% ($1,700) Computer for Docent Coor. or O s. Mn r.
127 -7% ($1,000) Training First aid recertification
132 -8% ($30,000) Tractor Fire season and winter-prep., storm damage
134 -8% ($1,000) OST - Lead Conversion 2 positions Jan-Mar (annual cost $5,000)
135 -8% ($5,300) Docent Coor. 2nd 1/2 Jan-Mar '93 (Annual cost $20,500)
-8% ($180,700) Subtotal of Reductions Projects proposed to be deferred
* 92% $1,952,300 1projected Operating Budget Reflects budget after all adjustments
* Represents percent of Projected Expenditures (line D1)
Acquisition 1/3
REVISED BUDGET ANALYSIS FOR FISCAL YEAR 1992-1993
DEPARTMENT: ACQUISITION
11-30-92
Code Expense Item Description Comments and Helpful Hints
A) Approved 1992-1993 Bud et Program budget a roved in March 1992
1 $20,290,800 Total Acquisition Budget Salaries, service and stipplies, fixed assets
2 ($5643,700) Debt Service 9101, 9102, 9201, 9202
3 ($7300,000) Previous Land 8101
4 ($5923,000) New Land 8102
5 ($753,300) Distel Circle 8202 Additional $30,000 ($75,000 to
6 $150,000 recoverable)
7
8 * 3% $670,800 ITotal Operating Budget All expenses other than land & debt service
* Represents percent of Total Acquisition Budget (line Al)
B)Unavoidable Unbudgeted Ex enditures Operating budget & unavoidable over-runs
1 $670,800 Total Operating Budget Figure is calculated above in Section A
2 $13,300 Social Security/Medicare Retroactive & adjusted for remainder of year
3 $2,250 Salary Adjustments (RA) Retroactive & adjusted for remainder of year
4 $300 Benefit Adjustments'(RA) ! Retroactive & adjusted for remainder of year
5 $200 Long Term Disabilit (RA) Started 10/92 & adjust for remainder of year
6 $200 Employee Assistance (RA) Started 10/92 & adjust for remainder of year
7 $45,000 Temp Employees 4103 Real Property Re
8 $1,200 Land Option Fees 5101
9 $50 Photo Processing 5904
10 $5,000 Advertising 6101 (Teague Hill Sale)
11 $SO Electrical 7103 (Enterprise)
12 $500 Water 7104 (Enterprise)
13 $2,000 Misc. 7301 Vidovich Assmt. Dist.
14 $10000 Legal 8105
15 $1,000 Trails & Roads 8209 Weeks Driveway
16 $80,050 Subtotal of Unbudgeted Items Unavoidable over-runs not Incl. in budget
17 * 112% $750,850 Budget+Unbudgeted Items Operating budget & unavoidable over-runs
* Represent percent of Total Operating Budget (line Bl)
C) Ex ected Underex enditures Projects not to occur or unders ent
1 $750,850 Budget+Unbudgeted Items Figure is calculated above in Section B
2 ($11,300) PERS Credit Prorata credit and surplus for department
3 ($1,000) Worker's Com ensation Separate from above benefit figures
4 ($319300)1 Administrative Assistant Unfilled position
5 _ ($10,050)1 Admin. Assistant Benefits Unfilled position
Acquisition 2/3
6 ($45000) Real Property Rep Unfilled position
7 ($13,650) Real Property Benefits Contract position
8 ($35,000) Architect/Engineer 5205 Vidovich Assmt. Dist.
9 ($10,000) Electrical 5701 (Distel)
10 ($5,000) Gas 5703 (Distel)
11 ($500) Professional Conference 6604 (March cuts - 20%)
12 ($1000) Office Supplies 6902 (No hire)
13 ($20000) Property Taxes 7201 (Annexations)
14 ($5,000) Site Engineer 8104
15 ($5,000) Relocation 8106
16 ($1,000) Acquisition Consultants 8108
17 ($4,000) Misc. Site Exp. 8109
18
19 ($198,800) Subtotal of Underex enditures Pro'ects not to occur or unders ent
20 * 82% $552,050 Projected Expenditures Adjusted budget minus underex enditures
* Represent percent of Total Operating Budget (line B1)
D) Potential Operating Budget Reductions Items ranked in increasing importance
$552,050 Revised Operating Budget Figure is calculated above in Section C
3 -0% ($500) Temporary Office Help 5004
5 -0% ($200) Education Assistance 6602 - 100% cut
9 -0% ($100) Miscellaneous 5099
12 -1% ($2,500) Arch./Eng. 5204
13 -1% ($1,000) Planning Contractor'' 5206
17 -2% ($5,000) Appraiser" 5210
18 -2% $1,500 Acquisition Reports 5211
21 -2% ($375) Professional Conference
24 -2% ($I00) Out of Town Meetings 6502 - 33 % cut
25 -2% ($500) Training`& Seminars 6601 - 20% cut (33% of remainder)
31 -2% ($1,500) Other Services 5299
32 -2% ($50) Duplicating 5902
33 -2% ($50) Miscellaneous 5999
42 -2%, ($50)' Office Equipment 6901
43 -3% r ($11000) Office Supplies 6902
44 -3% rrr ($500) Resource 7112
45 -3% ($2,000) Structures Interior 7102
52 3% ($50) Maps 6201
53 -3% ($2,000) Machines 8302
54 -4% ($500) Library 5402
55 -4% ($375) Professional Conferences
60 -4% ($;100) Out of Town Meetings 6502 - 66 % cut
61 -4%' ($500) Training '& Seminars 6601 - 40% cut (66% of remainder)
Acquisition 3/3
68 -4% ($500) Mapping 5208
69 -4% ($1,000) Title Reports 5212
96 -4% ($300) Training &. Seminars 6601
129 -4% ($2,000) Machines 8302 - Diane's Computer
-4% ($24,250) Subtotal of Reductions Projects proposed to be deferred
* 96% $527,800 Projected Operating Budget Reflects budget after all adjustments
* Represents percent of Projected Expenditures (line D1)
1/2
REVISED BUDGET ANALYSIS FOR FISCAL YEAR 1992-1993
DEPARTMENT: PUBLIC AFFAIRS
11-30-92
Code Expense Item Description Comments and Helpful Hints
A) Approved 1992-1993 Budget Program budget a roved in March 1992
1 $320,050 Total Public Affairs Budget Salaries, service and supplies, fixed assets
2
3 * 100% $320,050 Total Operating Budget All expenses other than land & debt service
* Represents percent of Total Public Affairs Budget (line Al)
B) Unavoidable Unbud eted Ex enditures Operating budget & unavoidable over-runs
1 $320,050 Total Operating Budget Figure is calculated above in Section A
2 i$850 Social''Security/Medicare Retroactive & adjusted for remainder of year
3 $4,600 Salary Adjustments (RA) Retroactive & adjusted for remainder of year
4 $600 Benefit Adjustments (RA) Retroactive & adjusted for remainder of year
5 $150 Long Term Disab lit (RA) Started 10/92 & adjust for remainder of year
6 $100 Employee Assistance (RA) Started 10/92 & adjust for remainder of ear
7 $2000 Annual Report Cost over-run
8 $900 Master'>Plan Cost over-run
9 $5,000 Business Printing Cost over-run (anticipated; mostly stationary)
10
11
12 $14,200 Subtotal of Unbudgeted Items Unavoidable over-runs not incl. in budget
13 * 104% $334,250 Budget +Unbudgeted Items Operating budget & unavoidable over-runs
* Represents percent of Total Operating Budget (line B1)
C) Ex ected Underexpenditures Projects not to occur or unders ent
1 $334,250 Budget+Unbudgeted Items Figure is calculated above in Section B
2 ($6,100) P,ERS Credit Prorata credit and surplus for department
3 ($2000) Regular Outside Services Will not be spent
4 ($500) Software Will not be spent
5 ($4000) Temporary Employees Will not be spent
6 ($1000) Overtime Will not be spent
7 ($6,300) Salary/Benefit-manager Had been budgeted for 12 months - not used
8 ($2200) Professional conferences Mandated reduction
9 ($1500) Postage'' Anticipated unders endin
10 ($4,000) Sharing the Trails reprint reprint not needed
11
12 ($27,600) Subtotal of Underexpenditures Projects not to occur or unders ent
13 * 96% $306,650 Projected Expenditures Adjusted budget minus underex enditures
* Represents percent of Total Operating Budget (line Bl)
Public Affairs 2/2
D) Potential Operating Budget Reductions Items ranked in increasing importance
1 $306,650 Revised O eratin Bud et Figure is calculated above in Section C
16 -0% ($1 500) Photography services 50% reduction
21 -1% ($1200) `_professional conferences initial cut
26 =1% ($900) out of town business mtgs initial cut
28 -1% ($500) 'miscellaneous printing. 33% reduction
29 -2% ($1000) public'events' 25% reduction
40 -2% ($500) other prof. services leaves $250
41 -'10% ($25,000) Visitor's Guide revision 100% deletion for this year
55 -10% ($1,200) Professional Conferences
62 11% ($1,000) 20th Anniversary will reduce scope of events this FY
63 -11% ($900) out of'town business mtgs second cut
72 11% ($1,500) Photography services 50% further reduction
79 -12% ($500) general info brochure reduction in quantity printed
80 -12% ($1,000) public events' leaves $500
81 -12%, ($500) miscellaneous rinting add'l. 33% reduction
85 -12% ($300) advertising leaves 0
93 12% ($500) trainin" & seminars leaves $250
107 -12% ($200) office equipment leaves 0
115 -13% ($900) out of town business mtgs leaves $1500
117 -13% ($500) software need for bringing mailing list in-house
136 -13% ($1,000) general info brochure addl. cut in quantity
137 -14% ($2,000) site brochures/maps 16% reduction in print quantity
138 -15% ($4,000) newsletters 22% reduction_(approx. 1 newsletter)
-15% $46,600) Subtotal of Reductions Projects proposed to be deferred
* 85% $260,050 Projected Operating Budget Reflects budget after all adjustments
* Represents percent of Projected Expenditures (line D1)
E) Highly Desirable For Consideration Above Budget
1 $16 350 Public Affairs Plan;at full Plans for "full", "medium" and "low"
2 implementation implementations are attached
3 $16,350 Total Highly desirable items
1/3
REVISED BUDGET ANALYSIS FOR FISCAL YEAR 1992-1993
DEPARTMENT: ADMINISTRATION
11-30-92
Code Expense Item Description Comments and Hel ful Hints
A) A proved 1992-1993 Budget Program budget a roved in March 1992
1 $745,900 Total Administration Budget Salaries, service and supplies, fixed assets
2
3
4 * 100% $745,900 Total Operating Budget All expenses other than land & debt service
* Represents percent of Total Administration Budget (line Al)
B) Unavoidable Unbud eted Expenditures Operating budget & unavoidable over-runs
1 $745,900 Total O erating Budget Figure is calculated above in Section A
2 $11,950 Social Security/Medicare. Retroactive & adjusted for remainder of year
3 $17,350 Sala Adjustments (RA) Retroactive & adjusted for remainder of year
4 $2,250 Benefit Adjustments (RA) Retroactive & adjusted for remainder of year
5 $500 Long Term Disability (RA) Started 10/92 & adjust for remainder of year
6 $400 Employee Assistance (RA) Started 10/92 & adjust for remainder of year
8 $29,800 Old Mill-Addtn'l Rent Delayed move date
8 $16,100 Utilities-Telephone Not included in original budget
9 .?????? Bd Appts-Comp Ad'ustmt Board yet to review
10 ??????? PERS-Retirement for Above Board yet to review
11 ------$17 S ecial Legal Fees' Los Gatos Redevelopment Fees
12 $l '650 Auditor Additional Charges
13 1 $2,550 Insurance Additional Charges
14 $2,000 Postage Anticipate will be overbudget
15 $2,000 PAS stem -'Board Meetings Not included in initial budget
16 $103,750 Subtotal of Unbudgeted Items Unavoidable over-runs not incl. in bud et
17 * 114% $849,650 Budget+Unbudgeted Items Operating budget & unavoidable over-runs
* Represents percent of Total Operating Budget (line B1)
C) Expected Underex enditures Projects not to occur or unders ent
1 $849,650 Bud get+Unbudgeted Items Figure is calculated above in Section B
2 ($22900) PERS Credit' Prorata credit and surplus for department
3 ($1,900) Tem rary Employee
4 ($6,700) Salary Incentive Program Result of RA-Adjusted Ranges
5 ($850) PERS-Salar Incentive Adjstm' Based on above
6 ($2,000) A'nexation Fees Acct 5303
7 ($2,500) Legal-Classified Ads Acct 6101
8 ($5,000) Training and Seminars Half of$10,000 for in-house traininE Drogram
9 ($300) Educational Assistance Acct 6602
Administration 2/3
10 ($1400) Bd. Reco nition Events Acct 6606-assumes all bills in
11 ($700) Professional Conferences' April/May reduction
12 ($1000) Equip''Maint-Re air Acct 6702
13 ($39,000) Election Expenses " Not listing unopposed on ballot
14 ($2500) Duplicating/Photocopying
15
16
17 ($86,750) Subtotal of Underexpenditures Pro'ects not to occur or unders ent
18 * 102% $762,900 Projected Expenditures
Adjusted budget minus underex enditures
* Represent percent of Total Operating Budget (line B1)
D) Potential Operating Budget Reductions Items ranked in increasing importance
$762,900 Projected Ex enditures Figure is calculated above in Section C
4 -0% ($1500) Computer for Herb
6 -0% ($1,000) Training and Seminars In-house training program
10 -0% ($600) Temp.;;Office Help
15 -0% ($200) Local Business Meeting
21 -0% >($400) Professional'Conferences
27 -1% ($1,000) Training and Seminars Portion in-house training pr2 ram
50 -1% ($900) Computer supplies
51 -1% ($400) Local Business Meeting
55 -1% ($400) Professional Conferences
64 -'1% ($1,000) Training and Seminars Portion in-house training program
65 -1% ($600) Temp. ,Office Help
83 -1% $100 Books and subscriptions
84 -!1% ($100) Books and Subscriptions
92 -1% ($2000) Computer Equipment Twenty percent networking-upgrade program
94 -1% ($500) Training and Seminars
95 -'1% ($200) Local Business Meeting
97 -1% ($100) Training and Seminars
98 -2% ($2,000) Computer Equipment Addtn'l 20% computer networking-upgrading
99 -2% ($200) Books and Subscriptions
118 -2% ($300) Staff Activities Fund , Remaining monies not spent
125 -2% ($1,500) Computer for Jean
128 -2% ($900) Three color monitors For Deb, Emma, and Marie
130 -2% ($1,200) Upgrade one CPU CPU for Deb
131 -2% ($200) Local Business Meeting
-2% ($17,300) Subtotal of Reductions Pro'ects proposed to be deferred
* 98% $745,600 jProjected Operating Budget Reflects budget after all adjustments
Administration 3/3
* Represents percent of Projected Expenditures (line D1)
E) Highly Desirable For Consideration Above Budget
1 $1,300 Disaster Cache-Training
2 $2 500 Back-upPhotocopier-MO
3
4
5 1 $3,800 Total Highl desirable items
Open Space
..........
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-130
Meeting 92-31
December 4 , 1992
AGENDA ITEM
Proposed Addition of the Norton Property to the Russian Ridge
Open Space Preserve
This report will be delivered under separate cover.
Open Space
--------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-130
Meeting 92-31
December 9, 1992
AGENDA ITEM
Proposed Addition of the Norton Property to the Russian Ridge
Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing purchase of the
Norton property.
2 . Tentatively adopt the Preliminary Use and Management Plan
recommendations contained in this report. Name the property
as an addition to the Russian Ridge Open Space Preserve.
3 . Indicate your intention to dedicate the property as public
open space.
DESCRIPTION (See attached map)
This 32 . 34 acre acquisition is part of a 47.30 acre property
located south of the Town of Portola Valley along Skyline
Boulevard. This undeveloped portion of the property is a
significant part of a continuous greenbelt stretching from Windy
Hill to Skyline Ridge Open Space Preserves. In addition, the
property being acquired will provide a critical link in the Bay
Area Ridge Trail.
The property lies on the southwest side of Skyline Boulevard
approximately 2 miles north of Alpine Road. The Russian Ridge
Open Space Preserve boundaries adjoin the property to the south
and northwest. Coal Creek Open Space Preserve is located across
Skyline Boulevard to the west. The sellers are retaining a
15. 059' acre homesite that lies between the proposed open space
acquisition and Skyline Boulevard. They are also retaining the
existing well site within the property being acquired. Private
property is located to the southwest where the boundary is
generally delineated by high voltage transmission lines.
The property is reached from Skyline Boulevard on an unsurfaced
driveway that originates near the southeast boundary, opposite
Crazy Pete's Road. It climbs in the western direction to the top
of the ridge near the north-central boundary. At this point, the
driveway branches in three directions. To the north, a driveway
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 T
General Manager:Herbert Gren,h Board of Directors:Katherine Duffy,Robert M(Kihhin,Jeen a Hemhaw,On ny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
R-92-130 Page 2
enters the seller's retained parcel and continues to their
residence. The second branch of the road extends south to nearby
private residences and the third branch climbs the hill to the
southeast boundary where it intersects with the Russian Ridge
Open Space Preserve. The road connecting to the Preserve is used
to access a communications facility and a water system that
includes a water tank and windmill. Located in this same
vicinity is an observation deck and remains of a very small
cabin.
The terrain is generally moderate to steep. Rock outcroppings,
identified as Vaqueros Sandstone, are located on the ridge and
southwest portion of the property. These outcroppings provide
perches for raptors often seen soaring the hillside below.
Grassland dominates the ridge and southwest slopes. Oak woodland
and coastal scrub characterize the steep northeast-facing slopes
above Skyline Boulevard. A variety of large oaks is found in
this area.
Opportunities for recreation include hiking and equestrian trail
access to one of the most scenic portions of Russian Ridge. This
property will provide a critical link in the Bay Area Ridge Trail
by connecting the main portion of Russian Ridge Open Space
Preserve to Langley Hill Road and eventually Windy Hill Open
Space Preserve. The Ridge Trail could be aligned to generally
follow the existing road from the water tank down towards the
southwest property boundary where a new trail would need to be
constructed across the property to the northeast boundary. This
link in the Ridge Trail would then facilitate a second trail
route that could connect from the property's northeast boundary
to Mt. Melville. There will be attractive viewing and picnicking
areas along all the proposed trail routes.
USE AND MANAGEMENT PLAN
Planning Considerations
The property lies in unincorporated San Mateo County within
District boundaries and is zoned Resource Management (RM) . The
property received a relatively high rating for suitability as
open space in the District's Master Plan.
There are a number of planning considerations that are related to
the District's use and management of the proposed acquisition.
One consideration should be given to prohibiting public trail use
on the driveway between Skyline Boulevard and the ridge where the
road branches in three directions. This driveway is narrow, has
steep sideslopes, poor visibility and vehicle traffic associated
with various access rights to neighboring properties. The
R-92-130 Page 3
uppermost portion of this driveway near the ridge will remain in
the seller's private parcel with an easement conveyed to the
District for ingress and egress and public trail purposes.
Neighbors continue to use the driveway from the ridge to the
southwest boundary of the property. This portion of the road may
be suitable for public trail use or a nearby trail could be
constructed to avoid vehicle traffic. An alternative trail route
might lie to the east of this driveway where there are numerous
rock outcroppings. Potential impacts to the raptor habitat would
need to be considered in this area.
The sellers of the property will have an easement for ingress and
egress on the road between the main driveway and water tank near
the southwest boundary. The purpose of this easement is to
maintain their existing water system. The actual well, tank and
windmill location will also be retained by the sellers. A
communications lease between the sellers and San Mateo County
will be transferred to the District. The county operates a
communication facility near the southern boundary and will
continue to have access rights on the road under conditions of
the lease agreement.
The sellers have two landscape sculptures, one of which is being
given to the District and is located near the middle of the
proposed open space acquisition. It consists of a solitary rock
and small defined area where the vegetation is mowed. The seller
will continue to maintain this landscape sculpture and will work
with the District to develop a plan for maintenance and
unobtrusive signage. The second landscape sculpture is within
the seller's retained parcel near their southwest boundary.
The sellers specify in the purchase agreement that bicycles will
not be permitted on the proposed open space acquisition during
the time they reside on their adjacent land. Given the fact that
bicycles are permitted on the Ridge Trail within the existing
preserve boundaries, enforcement of this condition may become a
challenge. Discouraging bicycle use on the main driveway may
also be a problem. The driveway provides a direct link between
Coal Creek Open Space Preserve and the proposed Ridge Trail. The
use and management plan for Russian Ridge Open Space Preserve
indicates that bicycle use will be directed off the north end of
Russian Ridge to Skyline Boulevard on a new trail near the
boundary of the proposed open space acquisition. This provision
should help minimize problems by offering a viable connection
between Crazy Pete's Road and the southern portion of the Ridge
Trail.
The purchase agreement also provides for the District's planning
process to include consultation with the sellers in regard to the
R-92-130 Page 4
development of public trails. The purpose of consultation is to
attempt to provide the most feasible trail alignments while at
the same time protecting the seller's privacy.
Preliminary Use and Management Plan Recommendations
Dedication: Indicate your intention to dedicate this property as
public open space.
Name: Name the property as an addition to the Russian Ridge Open
Space Preserve.
Signs: Install preserve boundary signs where appropriate, a sign
prohibiting public trail use on the driveway between Skyline
Boulevard and the ridge, and other signs deemed necessary to
protect private property and easement rights.
Roads: Develop road maintenance agreements with landowners and
lessees having access rights over roads on the property.
Structures: Cooperate with sellers in developing their plans to
secure and maintain water system, landscape sculpture, and fences
and gates necessary to protect privacy; maintain observation deck
and remove when it falls into disrepair and becomes hazardous.
Site Emphasis Description: Designate Conservation Management
Unit (CMU) until hazards can be removed and connecting trail to
the Mt. Melville area can be constructed.
Use and Management Review: Last reviewed in 1991; next review
will be scheduled when Target Schedule for Review of Use and
Management Plans is considered in January 1993 .
Public Safety Review: Staff will perform a preliminary
inspection of the site to find the remains of the old cabin that
needs removing.
TERMS AND FUNDING
This is a bargain sale transaction, which includes approximately
32 acres of land with a San Mateo County calculated density of
two residential sites, which an owner-commissioned appraisal
valued as high as $846,600 in August of 1991. Also included with
the purchase is the repeater site lease with San Mateo County
that has a present value of approximately $35, 000 and a Sam
Richardson sculpture valued at approximately $10, 000. The total
District cost of $400, 000 is $491, 600 below the indicated value
of these land rights and represents a significant gift to the
R-92-130 Page 5
District. The District would be required to pay $100, 000 in cash
at close of escrow on December 31, 1992 and pay interest-only at
5% per annum on the $300, 000 remaining balance. The District
would have until December 31, 1996 to pay the remaining principal
balance, unless the District voters pass a supplemental funding
measure which could accelerate the final payment at the option of
the sellers. Because of the high priority of this property, the
significant bargain price and the favorable purchase terms, this
acquisition can be recommended even in these tight budget times.
FISCAL YEAR 1992-93 CASH EXPENDITURES FOR OPEN SPACE ACQUISITIONS
Funds for the 1992-93 fiscal year - cash $5, 923 , 000
Approved acquisitions (escrow closed) 3, 566, 667
Approved acquisitions (escrow not closed) 366, 000
Norton property purchase 400, 000
,LRemaining cash balance for 1992-93 fiscal year $1, 590, 333*
Funds frozen without special Board authorization as a result
of the state budget crisis.
Prepared by:
Del Woods, Senior Open Space Planner
Contact person:
L. Craig Britton, Assistant General Manager
SITE MAP
PROPOSED ADDITION TO
RUSSIAN RIDGE OPEN SPACE PRESERVE
Coal Creek Open Space Preserve
Map Legend
2000
Ranger Facility g aCl y
N it
Mt.Melville
Oxmo t.::
C - �
TO BE RETAINED Nat �r
Y SEI f t
\ \
Residence
a
PROPOSED
�.
\ COUISITION . \ • MIR m
O
a, � Restroos
2400 '(NORTON,
32.34 ACRES)
Whole Access Trail
rD
:.: uoo ♦. ....�� \ \�� r
U., Roads de Parking
``\ SQs _ !, ♦\��\\\ .`\ \ .
6'R \
0.7 \ s�
\ _ \, ♦ Vehicle Parking Lot
N
\ �11 t
Hill .� \\\ �♦ MIlI:
0
\ o.s cn:\�\� � sJ4 rd• xsrn
i
\. ]400
a
\\ 0 Iw
o
���� �•.� 2Ta, /� ��`'�,` n Trail Use
C.
Ell 2000 � `�s :• •. ��\� Trail Distance in Miles
Iwo
3�
•...•
Hiking,Running
Alp
T�i O
t�oc Hikin&Runnin
Bicycling,E ucst
h
a n0.r
♦ < 70Vehicle DriYeW2y
eo
of
No Public Entry
LA
uoo \\ \\`
Creek \\\\
i� Alpine
uoo `\ \\ \\ �\`3 is:.` :< ? a Private\ Leased Lands ry
`�\.`\\\\, \` \\� \� \\'• ♦ \ �� \ ��`\ s \\�\' No Public Ent
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
One Mile
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER OR ASSISTANT
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (RUSSIAN RIDGE OPEN SPACE
PRESERVE - LANDS OF NORTON)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer
contained in that certain Purchase Agreement between George H.
Norton and Adele W. Norton, as Co-trustees, and the Midpeninsula
Regional Open Space District, a copy of which is attached hereto
and by reference made a part hereof, and authorizes the President
or appropriate officers to execute the Agreement on behalf of the
District.
Section Two. The President of the Board of Directors or
other appropriate officer is authorized to execute a Certificate
of Acceptance on behalf of the District.
Section Three. The General Manager or Assistant General
Manager of the District shall cause to be given appropriate
notice of acceptance to the seller. The General Manager or
Assistant General Manager further is authorized to execute any
and all other documents in escrow necessary or appropriate to the
closing of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $10, 000 to cover the cost of title
insurance, escrow fees, survey, and other miscellaneous costs
related to this transaction.
l
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between GEORGE H.
NORTON and ADELE W. NORTON, co-trustees of the Norton Family
Trust, dated April 21, 1982 , as amended and restated June 25,
1991, hereinafter called "Seller" and the MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT, a Public District formed pursuant to Article
3 of Chapter 3 of Division 5 of the California Public Resources
Code, hereinafter called "District. "
WITNESSETH
WHEREAS, Seller is the owner of certain real property, as
outlined on the "Map", attached hereto as Exhibit "All and
incorporated herein by this reference, which has open space and
recreational value, located within an unincorporated area of the
County of San Mateo, and being more particularly described within
the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and
receive conveyances of real property by purchase, exchange, gift,
or bargain purchase for public park, recreation, scenic and open
space purposes; and
WHEREAS, District desires to purchase a portion of Seller's real
property (parcel two on the Map) for open space preservation and
as part of the ecological and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey said portion of
Seller's property to District, at a price below fair market
value, and District wishes to purchase said property upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows:
1. Purchase and Sale. Seller agrees to sell to District
and District agrees to purchase from Seller, a portion of
Seller's real property (parcel two on the Map, excluding that
portion of parcel two designated on the Map as the "Well Site")
located within an unincorporated area of the County of San Mateo,
State of California, containing approximately Thirty Two and
Thirty Four Hundredths (32 . 34) acres, more or less, and commonly
referred to as a portion of San Mateo County Assessor's Parcel
No. 078-210-130 and -230; said portion of Seller' s real property
being further described in the legal description attached hereto
as Exhibit "B" and incorporated herein by this reference. Said
property portion to be conveyed together with any easements,
rights of way, or rights of use which may be appurtenant or
attributable to the aforesaid lands, and any and all improvements
attached or affixed thereto. The portion of Seller' s real
property being acquired by District and appurtenances (parcel two
on the Map) hereinafter called the "Subject Property" or the
"Property. "
1. 1 Survey. Seller's real property is presently one
larger parcel and Seller and District agree that one condition of
the Closing (as defined in Section 3 herein) is that District
shall complete prior to Closing the survey process, including as
soon as practicable, after recording of the Grant Deed, the
recordation of a Record of Survey with the County of San Mateo,
to accomplish constructive notice of the property division to
create and separate the Subject Property (parcel two on the Map)
and Seller ' s remaining property (parcel one on the Map) . In
accordance with California Government Code Section 66424 and
66428 (the Subdivision Map Act) , public agencies are afforded
certain exemptions; however, District understands that Seller
desires a Certificate of Compliance or other evidence that
Seller' s remaining property is a legally subdivided parcel and
District agrees to diligently pursue to completion the process
necessary to provide this assurance from the County of San Mateo.
The Certificate of Compliance or other evidence that Seller's
remaining property is a legally subdivided parcel shall be
provided by the District, at District' s cost. If said
Certificate of Compliance, or such other satisfactory evidence in
the sole determination of Seller, is not obtained within six (6)
months following the Closing, Seller shall have the option to
require a reconveyance of the Property and Seller shall return to
District all consideration paid to Seller by District.
1. 2 Conveyance of Easements to District. The
remaining property of Seller contains a portion of the main
driveway from Skyline Boulevard to the Subject Property and
Seller is conveying an appurtenant easement to District for
ingress and egress and public trail (subject to the conditions
set forth in Section 10 hereinbelow) purposes over said portion
of the main driveway as further described in the Legal
Description (Exhibit B) .
1. 3 Retention of Easements by Seller. The Subject
Property being acquired by District shall be encumbered by
certain easements being retained by Seller as appurtenances to
the remaining property of Seller, and further described in the
Legal Description (Exhibit B) as follows:
1. 3 . 1 A non-exclusive easement for ingress and
egress to the Well Site and to maintain, operate, repair, secure
and replace the existing water lines running to Seller' s
remaining property from said Well Site.
1. 3 . 2 A non-exclusive easement for ingress and
egress and public utilities along the existing driveway from
Skyline Boulevard to Seller' s remaining property.
1. 4 Conveyance of Lease. As an appurtenance to the
2
Subject Property, Seller specifically agrees to relinquish, sell
and convey to District, and District is specifically acquiring
from Seller, all of Seller' s rights and interest in and to that
certain unrecorded "Rolfe Repeater Station" Lease Agreement, by
and between George H. Norton and Adele Norton (landlord) and the
County of San Mateo, a political subdivision of the State of
California (tenant) ; a copy of which Lease is attached hereto as
Exhibit IICII and incorporated herein by this reference. San Mateo
County, as tenant, currently pays to Seller $4, 735.50 annually on
November first of each year for the one-year period following.
As Seller has already received the payment for the year period
from November 1, 1992 up to and including October 31, 1993 ,
Seller shall pay to District the pro-rated rent from the Closing
to October 31, 1993 outside of escrow, but within 10 days of the
Closing. It is further understood and agreed that Seller shall
notify, or cause to have notified, San Mateo County, as tenant,
that the Subject Property and interests therein are being
conveyed to District, and that District has assumed and succeeded
to the position of Seller as it relates to said Lease Agreement.
2 . Purchase Price. The total purchase price ("Purchase
Price") for the Property shall be Four Hundred Thousand and
No/100 Dollars ($400, 000. 00) , which shall be payable in the
following manner:
(a) District shall pay the sum of One Hundred Thousand
and No/100 Dollars ($100, 000. 00) in cash at the Closing (as
defined in Section 3 hereof) .
(b) The remaining balance of Three Hundred Thousand
and No/100 Dollars ($300, 000. 00) shall be evidenced by a Secured
promissory "Note" in the form attached hereto as Exhibit I'D" and
incorporated herein by this reference, which shall be paid in
quarterly interest only payments at the rate of 5% per annum, tax
free interest. Said payments shall accrue from the Closing and
shall continue until December 31, 1996, at which time all
remaining accrued interest, if any, and the entire principal
balance shall be fully due and payable; provided, however, that
in the event District is successful in obtaining the legally
required voter approval of a district-wide supplemental funding
measure prior to December 31, 1994, Seller shall have the right,
at Seller's sole option, to demand acceleration of the full
payment of the remaining principal and interest at any time after
December 31, 1994, upon giving District a minimum of 60 days
written notice of Seller's demand for such acceleration. Said
Note shall be secured by a First Deed of Trust against the
Subject Property in the form attached hereto as Exhibit "Ell and
incorporated herein by this reference. The Note, but not the
Deed of Trust securing the Note, is and shall be junior and
subordinate to the 111987 Promissory Notes Midpeninsula Regional
Open Space District-Santa Clara and San Mateo Counties" , the
I'Midpeninsula Regional Open Space District Variable Rate Demand
3
Notes 1988 Series All , the 111990 Promissory Notes-Midpeninsula
Regional Open Space District-Santa Clara and San Mateo Counties,
California" , and the 111992 Promissory Notes- Midpeninsula
Regional Open Space District (Santa Clara and San Mateo Counties,
California) " and any and all subsequent Public Note issues of
District.
3 . Escrow. Promptly upon execution of this Agreement, in
accordance with Section 14 herein, an escrow shall be opened at
First American Title Insurance Company, 555 Marshall Street,
Redwood City, CA 94063, phone number (415) 367-9050, or other
title company acceptable to District and Seller (hereinafter
"Escrow Holder") through which the purchase and sale of the
Property shall be consummated. A fully executed copy of this
Agreement shall be deposited with Escrow Holder to serve as
escrow instructions to Escrow Holder; provided that the parties
shall execute such additional supplementary or customary escrow
instructions as Escrow Holder may reasonably require. This
Agreement may be amended or supplemented by explicit additional
escrow instructions signed by the parties, but the printed
portion of such escrow instructions shall not supersede any
inconsistent provisions contained herein. Escrow Holder is
hereby appointed and instructed to deliver, pursuant to the terms
of this Agreement, the documents and monies to be deposited into
the escrow as herein provided, with the following terms and
conditions to apply to said escrow:
(a) The time provided for in the escrow for the close
thereof shall be on or before December 31, 1992 , provided,
however, that the parties may, by written agreement, extend the
time for Closing. The term "Closing" as used herein shall be
deemed to be the date when Escrow Holder causes the Grant Deed
(as defined below) and the Deed of Trust to be recorded in the
Office of the County Recorder of San Mateo County.
(b) Seller and District shall, during the escrow
period, execute any and all documents and perform any and all
acts reasonably necessary or appropriate to consummate the
purchase and sale pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before
the Closing an executed and recordable Grant Deed covering the
Property.
(d) District shall deposit into the escrow, on or
before the Closing:
(i) The required Certificate of Acceptance for
the Grant Deed, duly executed by District and to be dated as of
the Closing.
(ii) A fully executed Promissory Note together
4
with an executed and acknowledged First Deed of Trust securing
said Note as provided in Section 2 herein.
(iii) District's check payable to Escrow Holder in
the amount of One Hundred Thousand and No/100 Dollars
($100, 000. 00) .
(e) District shall pay for the escrow fees, the CLTA
Lenders Policy of Title Insurance, and all costs and expenses
related to the Closing of the transaction; provided; however,
that Seller shall pay all costs associated with the reconveyance
of any existing Deed(s) of Trust. All current property taxes on
the Property shall be pro-rated as of the Closing.
(f) Seller shall cause First American Title Insurance
Company, or other title company acceptable to District and
Seller, to be prepared and committed to deliver to District a
CLTA Lender's Policy of Title Insurance, dated as of the Closing,
insuring District in the amount of $400, 000. 00 for the Property
showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) the Deed
of Trust as provided herein, (iii) exceptions numbered 2 through
11 as listed in that certain Preliminary Title Report number
385544 as issued by First American Title Insurance Company on
November 16, 1992 . said preliminary title report as attached
hereto as Exhibit 'IF" and incorporated herein by this reference.
In the event Seller is unable to obtain prior to closing a
release of the deeds of trust (collectively "Deed of Trust")
shown as exceptions 12 and 13 on said Preliminary title Report,
District may elect either to (i) accept a conveyance of the
Property subject to the Deed of Trust without any adjustment to
the purchase price of (ii) not accept a conveyance of the
Property. If District elects not to accept a conveyance of the
Property, Seller and District shall be relieved of all further
obligations hereunder. If District elects to accept a conveyance
of the Property subject to the Deed of Trust, Seller shall
indemnify District against any loss it may sustain in the result
of a foreclosure of the Deed of Trust by the holder thereof.
(g) Escrow Holder shall, when all required funds and
instruments have been deposited into the escrow by the appro-
priate parties and when all other conditions to Closing have been
fulfilled, cause the Grant Deed and attendant Certificate of
Acceptance and the Deed of Trust to be recorded in the office of
the County Recorder of San Mateo County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the
original of the policy of the title insurance if required herein,
and to Seller Escrow Holder's check for the cash payment
stipulated in Section 2 herein (less Seller's portion of the
expenses described in Section 3 (e) ) , and to District or Seller,
as the case may be, all other documents or instruments which are
to be delivered to them. In the event the escrow terminates as
5
provided herein, Escrow Holder shall return all monies, documents
or other things of value deposited in the escrow to the party
depositing the same.
4 . Rights and Liabilities of the Parties in the Event of
Termination. In the event this Agreement is terminated and
escrow is canceled for any reason, all parties shall be excused
from any further obligations hereunder, except as otherwise
provided herein. Upon any such termination of escrow, all
parties hereto shall be jointly and severally liable to Escrow
Holder for payment of its title and escrow cancellation charges
(subject to rights of subrogation against any party whose fault
may have caused such termination of escrow) , and each party
expressly reserves any other rights and remedies which it may
have against any other party by reason of a wrongful termination
or failure to close escrow.
5. Leases or Occupancy of Premises. With the exception of
the Lease as described in Section 1.4 herein, Seller warrants
that there exist no oral or written leases or rental agreements
affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless
and to reimburse District for any and all costs, liability, loss,
damage or expense, including costs for legal services, occasioned
by reason of any such lease, other than the Lease, or rental
agreement of the Property being acquired by District, including,
but not limited to, claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et
sea. Seller understands and agrees that the provisions of this
paragraph shall survive the close of escrow and recordation of
any Grant Deed(s) .
6 . Seller's Representations and Warranties. For the
purpose of consummating the sale and purchase of the Property in
accordance herewith, Seller represents and warrants to District
that as of the date this Agreement is fully executed and as of
the date of Closing:
6. 01 Authority. Seller has the full right, power and
authority to enter into this Agreement and to perform the
transactions contemplated hereunder.
6. 02 Valid and Binding Agreements. This Agreement and
all other documents delivered by Seller to District now or at the
Closing have been or will be duly authorized and executed and
delivered by Seller and do not violate any provisions of any
agreement to which Seller is a party or by which Seller may be
bound or any articles, bylaws or corporate resolutions of Seller.
6. 03 Good Title. Seller warrants that there exist no
recorded or unrecorded option rights or purchase rights to which
Seller is a party. Escrow Holder' s willingness to issue its
6
standard CLTA Policy of Title Insurance as of the Closing,
insuring title to the Property in District in the amount of the
Purchase Price, subject only to the exceptions provided in
Section 3 (f) herein, shall constitute conclusive presumption of
Seller's ability to convey title in condition acceptable to
District.
7. Integrity of Property. Except as otherwise provided
herein or by express written permission granted by District,
Seller shall not, between the time of Seller's execution hereof
and the close of escrow, cause or allow any non-naturally
occurring physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other
earthmoving activities, cutting or removing trees, shrubs, brush
or other vegetation, and damaging or demolition of improvements
or structures on the Property.
8. Hazardous Substances. "Hazardous substance" as used
herein means and includes polychlorinated biphenyls (PCBs) ,
benzene, asbestos or any other non-naturally occurring substance
the placement, storage or removal of which is prohibited or
regulated by federal, state or local law.
(a) Seller warrants and represents that:
(i) During Seller's ownership of the Property
Seller has not placed or stored or allowed to be placed or stored
any hazardous substance on the Property.
(ii) Seller has no knowledge of the presence on
the Property of any hazardous substance, whenever or however
placed or stored.
(b) If hazardous substances are subsequently found to
exist on the Property, District may exercise its right to bring
an action if necessary to recover cleanup costs from Seller or
any other person or persons who are ultimately determined to have
responsibility for the hazardous substances on the Property.
However, under no circumstances shall Seller be held liable for
costs other than those incurred in the cleanup of the hazardous
substances resulting from Seller's ownership and operation of the
Property in violation of the law.
9 . Waiver of Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive the
fair market value of the Property described in Exhibit "A" , as
provided for by the Federal Uniform Relocation Assistance and
Real Property Acquisition Act of 1970 (Public Law 91-646) the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17) ,
Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Statutes, 246-256, and California
Government Code Section 7267, and following. Seller hereby
7
waives any and all existing and/or future rights Seller may have
to the fair market value of said Property, appraisals, etc. , as
provided for by said Federal Law and any corresponding California
Government Code Sections, and District agrees to provide Seller
with an executed IRS Form 8283 as evidence of the Bargain Sale
price accepted from Seller thereunder.
10. District Trail Planning and Construction. After the
Closing and at the time District commences with any planning
study for the location of public trail (s) on the Subject
Property, District shall consult with Seller regarding the
proposed location of said public trail (s) , taking into account
Seller's comments with regard to District's need for the most
direct, least costly and easiest to use trail in contrast with
Seller' s desire for privacy as such trail(s) may pass within
close proximity of Seller' s remaining property. The purpose for
this consultation would be for the parties to attempt to agree
upon the most reasonable public trail alignment(s) given the fact
that the parties may have different and diverse needs and desires
relative to such trail (s) . If, after consultation with and
consideration of Seller's comments and desires, District proposes
any changes in the planned location of such public trail (s) as a
part of any construction project, District shall advise and
consult with Seller regarding any such changes in trail location.
However, it is understood by the parties hereto that one of the
major reasons the Subject Property is being acquired by District
is to locate a portion of the Bay Area Ridge Trail system which
will ultimately connect to a multi-use, and potentially heavily
used regional trail system encircling the ridges of the entire
Bay Area and that, after such consultation with Seller, District
shall have the final discretion as to where such trail (s) shall
be located. As a part of this acquisition, District agrees to
exclude all wheeled vehicles other than District's vehicles and
wheelchairs, including, but not limited to Mountain Bicycles, as
a permitted use on the Subject Property so long as George and/or
Adele Norton use the home on the remaining property as a
residence (parcel one on the Map) . At such time as neither of
them any longer occupies said residence, any and all trail use
restrictions imposed upon District by this Agreement shall become
of no further force and effect; provided, however, District shall
not permit mountain bicycles on such public trail (s) across the
Subject Property until District has conducted a fully noticed
public hearing (including specifically notifying advocacy groups
such as the Sierra Club, Committee for Green Foothills, and the
like) on the matter; and following such hearing and consideration
of public testimony, the District Board of Director' s shall be
free to make any such decision regarding trail uses and users as
they see fit. Except as expressly provided in this paragraph,
nothing herein shall be deemed to restrict the ability of the
Board of Directors of District to act on this or any other matter
or to make a final decision based solely upon their own judgment.
8
11. Gift of Sculpture. District hereby acknowledges the
generous gift of Seller of that certain landscape sculpture
erected by Sam Richardson upon the Subject Property. Seller
shall have the right in the future, upon obtaining District
written approval, to place an unobtrusive directional sign and/or
plaque recognizing said sculpture and the artist. By accepting
the gift of this sculpture, District is not obligated to maintain
said sculpture or the surrounding land area; provided, however
that District agrees to work with Seller to develop a plan for
Seller's maintenance of the sculpture and surrounding area.
12 . Annexation. Seller understands that portions of the
Subject Property, and possibly portions of Seller's remaining
property lie outside District's formal boundary and further,
Seller agrees to cooperate with District, including, the signing
of any petitions or other documents necessary for District's
application to the Local Agency Formation Commission (LAFCO) , and
completion of the process of annexing all of Seller' s real
property into District boundary following the Closing.
13 . Miscellaneous Provisions.
13 . 01 Choice of Law. The internal laws of the State
of California, regardless of any choice of law principles, shall
govern the validity of this Agreement, the construction of its
terms and the interpretation of the rights and duties of the
parties.
13 . 02 Attorneys' Fees. If either party hereto incurs
any expense, including reasonable attorneys' fees, in connection
with any action or proceeding instituted by reason of any default
or alleged default of the other party hereunder, the party
prevailing in such action or proceeding shall be entitled to
recover from the other party reasonable expenses and attorneys '
fees in the amount determined by the Court, whether or not such
action or proceeding goes to final judgment. In the event of a
settlement or final judgment in which neither party is awarded
all of the relief prayed for, the prevailing party as determined
by the Court shall be entitled to recover from the other party
reasonable expenses and attorneys ' fees.
13 . 03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect.
Any party hereto may: (i) extend the time for the performance of
any of the obligations of the other party; (ii) waive any
inaccuracies in representations and warranties made by the other
party contained in this Agreement or in any documents delivered
pursuant hereto; (iii) waive compliance by the other party with
any of the covenants contained in this Agreement or the perfor-
mance of any obligations of the other party; or (iv) waive the
fulfillment of any condition that is precedent to the performance
by such party of any of its obligations under this Agreement.
9
Any agreement on the part of any party for any such amendment,
extension or waiver must be in writing.
13 . 04 Rights Cumulative. Each and all of the various
rights, powers and remedies of the parties shall be considered to
be cumulative with and in addition to any other rights, powers
and remedies which the parties may have at law or in equity in
the event of the breach of any of the terms of this Agreement.
The exercise or partial exercise of any right, power or remedy
shall neither constitute the exclusive election thereof nor the
waiver of any other right, power or remedy available to such
party.
13 . 05 Notices. Whenever any party hereto desires or
is required to give any notice, demand, or request with respect
to this Agreement (or any Exhibit hereto) , each such
communication shall be in writing and shall be deemed to have
been validly served, given or delivered at the time stated below
if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if
delivered by Federal Express or other private messenger, courier
or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic
medium, addressed as indicated as follows:
Seller: George H. Norton and Adele W. Norton, as Co-
trustees
Star Route 2, Box 404
La Honda, CA 94020
(415) 851-1329
Copy To: Frank A. Small, Esq.
285 Hamilton Avenue, Fifth Floor
Palo Alto, CA 94301-2588
(4 15) 328-7000
FAX (415) 329-8925 or 327-2501
District: Midpeninsula Regional open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Herbert Grench, General Manager
(415) 691-1200
FAX (415) 691-0485
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
FAX (415) 327-9151
If sent by facsimile, telegraph, cable, telecopy and electronic
transmission, a conformed copy of such notice shall be sent by
10
mail (in the manner provided above) to the addressee. Service of
any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's
registry or certification receipt or at the expiration of the
third (3rd) business day after the date of mailing, whichever is
earlier in time. Any party may change its address for such
communications by giving notice thereof to the other parties in
conformity with this Section. Nothing contained in this Section
or otherwise in this Agreement shall excuse any party from giving
oral telephonic notice when prompt notification is appropriate,
but any oral telephonic notice which is so given shall not
satisfy the requirement of written notice as specified in this
Section. The foregoing provisions regarding the giving of notice
by any party shall be applicable to all notices given hereunder
or under any of the Exhibits hereto.
13 . 06 Severability. If any of the provisions of this
Agreement are held to be void or unenforceable by or as a result
of a determination of any court of competent jurisdiction, the
decision of which is binding upon the parties, the parties agree
that such determination shall not result in the nullity or
unenforceability of the remaining portions of this Agreement.
The parties further agree to replace such void or unenforceable
provisions which will achieve, to the extent possible, the
economic, business and other purposes of the void or unenforce-
able provisions.
13 . 07 Counterparts. This Agreement may be executed in
separate counterparts, each of which shall be deemed as an
original, and when executed, separately or together, shall
constitute a single original instrument, effective in the same
manner as if the parties had executed one and the same instru-
ment.
13 . 08 Waiver. No waiver of any term, provision or
condition of this Agreement, whether by conduct or otherwise, in
any one or more instances, shall be deemed to be, or be construed
as, a further or continuing waiver of any such term, provision or
condition or as a waiver of any other term, provision or condi-
tion of this Agreement.
13 . 09 Entire Agreement. This Agreement is intended by
the parties to be the final expression of their agreement; it
embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement
of the terms and conditions thereof, and it supersedes any and
all prior correspondence, conversations, negotiations, agreements
or understandings relating to the same subject matter.
13 . 10 Time of Essence. Time is of the essence of each
provision of this Agreement in which time is an element.
11
13 . 11 Survival of Covenants. All covenants of
District or Seller which are expressly intended hereunder to be
performed in whole or in part after the Closing, and all repre-
sentations and warranties by either party to the other, shall
survive the Closing and be binding upon and inure to the benefit
of the respective parties hereto and their respective heirs,
successors and permitted assigns.
13 . 12 Assignment. Except as expressly permitted
herein, neither party to this Agreement shall assign its rights
or obligations under this Agreement to any third party without
the prior written approval of the other party.
13 . 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or
appropriate to consummate and carry into effect the transactions
described and contemplated under this Agreement.
13 . 14 Binding on Successors and Assigns. This
Agreement and all of its terms, conditions and covenants are
intended to be fully effective and binding, to the extent
permitted by law, on the successors and permitted assigns of the
parties hereto.
13 . 15 Captions. Captions are provided herein for
convenience only and they form no part of this Agreement and are
not to serve as a basis for interpretation or construction of
this Agreement, nor as evidence of the intention of the parties
hereto.
13 . 16 Broker's Commission. District and Seller
represent and acknowledge that no broker's commission or finder' s
fee is payable by either party with regard to this transaction.
Each party agrees to and does hereby indemnify and hold the other
harmless from and against any and all costs, liabilities, losses,
damages, claims, causes of action or proceedings which may result
from any broker, agent or finder, licensed or otherwise, claiming
through, under or by reason of the conduct of the indemnifying
party in connection with this transaction.
13 . 17 Pronoun References. In this Agreement, if it be
appropriate, the use of the singular shall include the plural,
and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
14 . Acceptance. Provided that this Agreement is signed by
Seller and returned to District on or before 3 :00 p.m. , December
9, 1992, District shall have until midnight December 9, 1992 to
accept and execute this Agreement and during said period this
instrument shall constitute an irrevocable offer by Seller to
sell and convey the property to District for the consideration
12
and under the terms and conditions herein set forth. As
consideration for the tender of said offer, District has paid and
Seller acknowledges receipt of the sum of Ten Dollars ($10. 00) .
Provided that this Agreement is accepted by District, this
transaction shall close as soon as practicable in accordance with
the terms and conditions set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers to be effective
as of the date of final execution by District in accordance with
the terms hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM:
George H. Norton, Co-trustee
Date:
Stanley Norton, District Counsel
ACCEPTED FOR RECOMMENDATION:
Adele W. Norton, Co-trustee
Date:
L. Craig Britton, SR/WA
Assistant General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
13
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EXHIBIT "A"
-----------
All that certain real property situate in the County of San Mateo,
State of Califonria, being a portion of Section 8 , Township 7 South
Range 3 West, Mount Diablo Base & Meridian, more particularly
described as follows :
Parcel "A"
----------
BEGINNING at a point in the centerline of the survey of the
Californa State Highway Road IV, San Mateo County Route 55 ,
Section "D" , commonly known as Skyline Boulevard, said point of
beginning being at Station 237+70 . 70 of said survey; thence
following along the centerline of said highway, South 65^ 01 '
East 365 . 02 feet, more or less , to Station 241+35 . 72 B.C. ; thence
along the arc of a tangent curve to the right, having a central
angle of 30^ 45 ' 00" , a radius of 1200 . 00 feet and a length of
644 . 03 feet to Station "P" 247+79 . 75 P.C. C . ; thence along the arc
of a curve to the right having a central angle of 37^ 55 ' 00" , a
radius of 500 . 00 feet and a length of 330 . 89 feet to Station "P"
251+10 . 64 E. C. - "A" 251+90 . 00 P.O.T. ; thence South 3^ 39 ' 00"
West 1031 . 18 feet; thence along the arc of a tangent curve to the
left, having a central angle of 52- 31 ' 16" , a radius of 300 . 00
feet and a length of 275 . 00 feet to the true point of beginning;
thence from said true point of beginning, continuing along the
arc of a curve to the left, having a central angle of 7^ 34' 14" ,
a radius of 300 . 00 feet and a length of 39 . 64 feet; thence South
56^ 26 ' 30" East 94 . 94 feet; thence along the arc of a curve to
the right, having a central angle of 39- 48 ' 00" , a radius of
400 . 00 feet and a length of 277 . 86 feet; thence South 16^ 38 ' 30"
East 56 . 63 feet; thence along the arc of a curve to the left,
having a central angle of 38- 35' 00" , a radius of 1000 . 00 feet
and a length of 673 . 41 feet; thence South 55- 13 30" East 989 . 32
feet to Station 286+54 . 40 B.C. ; thence along a curve to the right
having a radius of 1000 . 00 feet and a length of 428 feet, more or
less, to the point of intersection of said centerline of said
highway with the South line of said Section 8; thence Westerly
along the South line of said Section 8, 950 feet, more or less ,
to the intersection with the centerline of a Pacific Gas and
Electric Company easement, recorded in Book 2517 of Official
Records at Page 275 , Records of San Mateo County, California;
thence northwesterly along the centerline of said easement North
61- 37 ' West 2620 feet, more or less, to a point that is South
70- 10 ' West 1650 . 00 feet, more or less, from the true point of
beginning; thence North 70^ 10 ' East 1650 feet, more or less , to
the point of beginning.
EXCEPTING THEREFROM the property hereinabove described, so much
thereof lying within the bounds of State Highway Road IV, San
Mateo County Route 55, Section "D" , commonly known as Skyline
Boulevard, said Skyline Boulevard including the lands described
EXHIBIT
Page o
—I— f�T
in, but not limited to the following:
1 . Lands described in Deed to the State of California, recorded
on September 30, 1929 in Book 431 of Official Records at Page 474
(File No . 44857-B) , Records of San Mateo County, California.
2 . Lands described in Parcel I of that certain Deed to the State
of California, recorded on October 31 , 1932 in Book 579 of
Official Records at Page 179 (File No. 16051-C) , Records of San
Mateo County, California.
ALSO EXCEPTING THEREFROM the following lands hereinafter referred
to as Parcel "B"
BEGINNING at a point in the centerline of the survey of the
Californa State Highway Road IV, San Mateo County Route 55 ,
Section "D" , commonly known as Skyline Boulevard, said point of
beginning being at Station 237+70 . 70 of said survey; thence
following along the centerline of said highway, South 65^ 01 '
East 365 . 02 feet, more or less , to Station 241+35 . 72 B.C. ; thence
along the arc of a tangent curve to the right, having a central
angle of 30^ 45 ' 00" , a radius of 1200 . 00 feet and a length of
644 . 03 feet to Station "P" 247+79 . 75 P.C . C. ; thence along the arc
of a curve to the right having a central angle of 37- 55 ' 00" , a
radius of 500 . 00 feet and a length of 330 . 89 feet to Station "P"
251+10 . 64 E.C. = "A" 251+90 . 00 P.O. T. ; thence South 3^ 39 ' 00"
West 1031 . 18 feet; thence along the arc of a tangent curve to the
left, having a central angle of 52^ 31 ' 16" , a radius of 300 . 00
feet and a length of 275 . 00 feet; thence leaving said centerline
South 70^ 00 ' 00" West 73 . 21 feet to a point on the southwesterly
right-of-way line of said Skyline Boulevard and being the true
point of beginning of the herein described Parcel "B" ; thence
from said true point of beginning South 70^ 00 ' 00" West 820 . 11
feet to a 3/4" iron pipe monument tagged L. S. 4840 ; thence South
53- 18 ' 36" East 1095 . 38 feet to a 3/4" iron pipe monument tagged
L. S. 4840 ; thence North 84^ 17 ' 23" East 225 . 53 feet to a 3/4"
iron pipe monument tagged L . S. 4840 in the center of an existing
road; thence South 83^ 06' 33" East 487 . 23 feet to a point on
said southwesterly right-of-way line of Skyline Boulevard; thence
along said right-of-way line North 55- 13' 30" West 120 . 00 feet;
thence along the arc of a tangent curve to the right having a
central angle of 35- 14' 30" , a radius of 1050 . 00 feet and a
length of 645 . 84 feet; thence North 39^ 38 ' 00" West 515 . 06 feet
to said true point of beginning.
RESERVING THEREFROM (the first hereinabove described lands) A
NON-EXCLUSIVE EASEMENT 20 Feet wide for ingress , egress and
public utilities , the centerline of said 20 foot wide easement
being more particularly described as follows :
Beginning at the a point on the southwesterly right-of-way line
EXHIBIT
2 Page Z cf
I-
of State Highway Road IV, San Mateo County Route 55, Section "D"
commonly known as Skyline Boulevard, which said point bears South
39^ 34' West 50 . 00 feet from Engineer's Centlerline Station
287+37 . 60 of the survey of said Skyline Boulevard; thence from
said point of beginning, leaving said southwesterly right-of-way
line and running along the centerline of an existing road North
60^ 12 ' West 100 . 61 feet; thence North 69^ 09 ' 00" West 132 . 38
feet; thence North 50^ 33' 00" West 112 . 79 feet; thence North 62-
53 ' 00" West 112 . 67 feet; thence along an arc of a curve to the
left having a central angle of 26^ 14' 00" , a radius of 100 . 00
feet and a length 45 . 79 feet; thence North 89- 07 ' 00" West
133 . 52 feet; thence along an arc of a curve to the right having a
central angle of 60- 38 ' 00" , a radius of 122 . 00 feet and a
length of 129 . 11 feet; thence North 28^ 29' 00" West 39 . 25 feet;
thence along an arc of a curve to the left having a central angle
of 60^ 42 ' 00" , a radius of 90 feet and a length of 95 . 35 feet;
thence Norht 89^ 11 ' 00" West 128 . 10 feet; thence North 76- 18 '
00" West 161 . 76 feet; thence along an arc of a curve to the right
having a central angle of 39- 21 ' 00" , a radius of 100 . 00 feet
and a length of 68 . 68 feet; thence North 36^ 57 ' West 127 . 81
feet; thence along the arc of a curve to the left having a
central angle of 20- 44 ' 00" , a radius of 100 . 00 feet and
a length of 36 . 18 feet; thence North 57^ 41 ' 00" West 32 . 27 Feet;
thence North 68- 39' 00" West 16 . 00 feet to a 3/4" iron pipe
monument tagged L. S. 4840 in the southwesterly line of the
above described Parcel "B" , said iron pipe marking the north-
westerly terminus of the course called "North 83^ 06 ' 33" West
487 . 23 feet" and being the terminus of the herein described 20
foot wide easement .
The sidelines of the above described easement are to be shortened
or lengthened so as to form a continuous 20 foot wide strip from
the southwesterly line of said Skyline Boulevard to the south-
westerly line of the hereinabove described Parcel "B" .
ALSO RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT for drawing water
from an existing well and holding tank facility located in an area
lying South 28- 30 ' East 750 feet from the above mentioned 3/4"
iron pipe monument marking the northwesterly terminus of the
course called "North 83- 06 ' 33" West 487 . 23 feet" in the
southerly line of said Parcel "B" , said easement is reserved with
rights to maintain, operate, repair and secure said facility from
vandelism and human intrusion with additional rights to replace
existing water lines running from said facility to the hereinabove
described Parcel "B" .
TOGETHER WITH A NON-EXCLUSIVE EASEMENT for ingress, egress , public
utilities and public trail purposes over the hereinabove described
Parcel "B" , said easement being more particularly described as
follows :
EXHIBIT
3 Page 3 of
Beginning at a 3/4" iron Pipe monument marking the northwesterly
terminus of the course called "North 83^ 06 33" West 487 . 23 feet"
in the southerly line of the hereinabove described Parcel "B" ,
thence along said southerly line South 83- 06 ' 33" East 30 . 00
feet; thence leaving said southerly line North 61^ 59' 03" West
35 . 20 feet; thence South 84- 17 ' 23" West 80 . 00 feet; thence
South 79^ 11 ' 06" West 146 . 11 feet to a 3/4" iron Pipe monument
tagged L. S. 4840 marking the southwest corner of said Parcel "B" ;
thence along the southerly line of said Parcel "B" North 84- 17 '
23" East 225 . 53 feet to the point of beginning.
12/03/92
nortonl . des/dkl3 rev. 1
RUMARD
4 EXHIBIT
Page St of,-
ROLFE REPEATER STATION
_ LEASE AGREEMENT
(No. 1013)
This is intended to be a legally binding contract - Read it
carefully and consult an attorney.
1. PARTIES. This Lease, dated, for reference purposes only,
this day of 19 ,
is made by and between the COUNTY OF SAN MATEO a political sub-
division of the State of California ("Tenant") , and GEORGE H.
NORTON and ADELE NORTON ("Landlord") .
This Lease is subject to the terms, covenants and conditions
herein set forth and each party covenants as a material part of
the consideration for this Lease to keep and perform each and all
of said terms, covenants and conditions by it to be kept and per-
formed and that this Lease is made upon the condition of said
performance.
2. PREMISES. Landlord does hereby lease to Tenant and Tenant
hereby leases from Landlord that certain real property
("Premises") described in Exhibit "A", including a 20-foot-wide
- easement for ingress and egress to the Premises as described in
Exhibit "B".
3. TERM. The term of this Lease shall be for ten (10) years,
commencing on the lst day of November, 1982, and expiring on the
_ 31st day of October, 1992, unless terminated by Tenant without
cause anytime prior to expiration with ninety (90) days' prior
written notice to Landlord.
4. BASE RENTAL. Tenant agrees to pay Landlord for the Premises
as Base Rental, without prior notice or demand as follows:
(a) . The sum of Two Thousand Sight Hundred Fifty and No/100
Dollars ($2,850.00) on March 1, 1983, for the period of
November 1, 1982, through October 31, 1983;
__-- -_-.- (b) Commencing November 1, 1983, the sum of Three Thousand
Five Hundred and No/100 Dollars ($3,500.00) per annum, in ad-
vance on the first (lst) day of November of each year of the
term hereof, subject to the provisions for periodic cost-of-
living adjustments provided for in Section 5.
In case of termination, any unearned rental paid by Tenant in
advance shall be returned to Tenant by Landlord within (30) days
of termination.
The said rental shall be paid to Landlord at:
Lankin - Spears, Attorneys at Law
Attn: Mr. George H. Norton
285 Hamilton Avenue, P.O. Box 240
Palo Alto, CA 94301
or to such other person or at such other place as Landlord may
- from time to time designate in writing.
5. PERIODIC COST-OF-LIVING ADJUSTMENTS: The Base Rental provid-
ed for in Section 4 Sub-section (b) ($3,500) shall be subject to
adjustment at the commencement of the third (3rd) year of the
term (November 1, 1984) and each year thereafter on the first day
of November ("the adjustment date") as follows:
The base for computing the adjustment is the Consumer Price
Index (all urban consumers; 1967=100) for the San Francisco-
Oakland Metropolitan Area, published by the United States De-
partment of Labor, Bureau of Labor Statistics ("Index") ,
which will be published for October 1983 ("Beginning Index") .
If the Index published for the month of October prior to each
adjustment date ("Extension Index") has increased over the
/ -1-
. EXF11B1T dw
Beginning Index, the Base Rental for the following year
(until the next adjustment date) shall be set by multiplying
the Base Rental set forth in Section 4 Sub-section (b)
($3,500) by a fraction, the numerator of which is the Exten-
sion Index and the denominator of which is the Beginning In-
dex. In no case shall the adjusted Base Rental after each
- - - adjustment be less than Three Thousand Five Hundred Dollars
i
($3,500) .
If the Index is changed so that the base year differs from
that used as of October 1983, the Index shall be converted in
accordance with the conversion factor published by the United
States Department of Labor, Bureau of Labor Statistics. If
the Index is discontinued or revised during the term, such
other government index or computation with which it is re-
placed shall be used in order to obtain subst-7�ntially the
----— - -- - ~ same result as would be obtained if the Index had not been
discontinued or revised.
6. USE. Tenant shall use the Premises exclusively for the pur-
pose of maintaining portable equipment structures and a communi-
cations tower with antennas thereon, for the operation of a re-
peater station. Tenant shall not use or permit the Premises to
be used for any other purpose without the prior written consent
_......._. _1 of Landlord.
7. UTILITIES PAID BY TENANT. Tenant shall make all arrangements
for and pay for all utilities and services furnished to or used
by it, including, without limitation, gas, electricity, water,
telephone service, and trash collection, and for all connection
I charges.
8. REAL PROPERTY TAXES PAID BY LANDLORD. Landlord shall pay all
federal, state, county and municipal taxes and general and spe-
cial assessments levied and assessed against the Premises
-- - throughout the term of this Lease.
---- ` ' 9. ALL MAINTENANCE AND REPAIRS BY TENANT. Throughout the term
of this Lease, Tenant shall, at Tenant's sole cost and expense,
_ maintain the Premises and any improvements, equipment and other
personal property thereon, in good sanitary order, condition and
repair, ordinary wear and tear excepted, and in accordance with
all applicable laws, rules, ordinances, orders and regulations
of (1) federal, state, county, municipal, and other governmental
agencies and bodies having or claiming jurisdiction and all their
respective departments, bureaus, and officials; (2) the insur-
ance underwriting board or insurance inspection bureau having or
claiming jurisdiction; and (3) all insurance companies insuring
all or any part of the Premises, or improvements, equipment, and
other personal property at the Premises. All repairs shall be
the sole duty of the Tenant and at Tenant's sole expense.
- - No offensive or refuse matter, nor any substance constituting
an unnecessary, unreasonable or unlawful fire hazard shall ever
be permitted to accumulate or remain at the Premises. The Prem-
ises shall be kept at all times in an orderly manner to the com-
plete satisfaction of Landlord.
10. ACCESS ROAD MAINTENANCE. Upon request of Tenant or as
needed, Landlord agrees to grade, fill in chuckholes and maintain
in good condition the access road (20-foot-wide easement) to the
Premises described in Exhibit "B". The standard of maintenance
shall be such as to provide Tenant access to the Premises by two-
--- wheel drive pick-up truck. In the event of road blockage due to
rain or other causes, Landlord shall within five (5) days of road
- - blockage, clear said road as required, to provide Tenant free and
clear access to the Premises. If Landlord does nct perfor,kt its
obligations within the time specified in this Section, Tenant
shall have the option of performing the obligations of Landlord
under this Section and Tenant shall have the right to be reim-
bursed for the sum it actually expends in the performance of
Landlord's obligations hereunder. If Landlord does not reimburse
Tenant within thirty (30) days after written demand therefor,
—- Tenant shall have the right to withhold from future rental the
-- - -2- EXHIBIT .
_ sum Tenant has expended until being fully reimbursed. The exer-
cise of the option by Tenant to perform Landlord's obligations
under this Section shall not be construed to be a waiver of the
breach of Landlord by its failure to clear the road as required
hereinabove.
- - 11. ENTRY BY LANDLORD. Landlord reserves and shall at any and
all reasonable times have the right to enter the Premises and in-
spect the same.
12. CONSENT OF PARTIES. Whenever the consent or approval of
either party is required, that party shall not delay or unrea-
sonably withhold such consent or approval.
13. DEFAULT.
(i) Default by Tenant. The occurrence of any one or more of
the following events shall constitute a material default and
breach of this Lease by Tenant:
-- -_- -. - (a) The vacating or abandonment of the Premises by Tenant.
(b) The failure by Tenant to make any payment of rental, or
any other payment required to be made by Tenant hereunder, as
_ and when due, where such failure shall continue for a period
of ten (10) days after written notice thereof by Landlord to
j Tenant.
(c) The failure by Tenant to observe or perform any of the
- 1 terms, covenants conditions or provisions of this Lease to
be observed or performed by Tenant, other than described in
Sub-sections (a) and (b) hereinabove, where such failure
_.... u.,,.n shall continue for a period of thirty (30) days after written
notice thereof by Landlord to Tenant; provided, however, that
if the nature of Tenant' s default is such that more than
thirty (30) days are reasonably required for its cure, then
'- Tenant shall not be deemed to be in default if Tenant com-
mences such cure within said thirty (30) day period and
- - thereafter diligently prosecutes such cure to completion.
- The purpose of the notice requirements set forth in this
Section is to extend the notice requirements of the unlawful de-
tainer statutes of California.
(ii) Landlord's Remedies. In the event of any such default
and breach by Tenant described in Sub-section (i) hereinabove,
Landlord may at any time thereafter, with or without notice or
demand and without limiting Landlord in the exercise of a right
or remedy which Landlord may have by reason of such default and
breach:
(a) Terminate Tenant's right to possession of the Premises
by any lawful means, in which case this Lease shall terminate
and Tenant shall immediately surrender possession of the
Premises to Landlord. In such event Landlord shall be en-
titled to recover from Tenant the cost of recovering posses-
-'` sion of the Premises. In the event Tenant shall have aban-
doned the Premises, Landlord shall have the option of either
(i) taking possession of the Premises and recovering from
- Tenant the amount specified in this Section, or (ii) pro-
ceeding under the provisions of the following Sub-section
(b) .
(b) Maintain Tenant's right to possession, in which case
this Lease shall continue in effect whether or not Tenant
shall have abandoned the Premises. In such event Landlord
shall be entitled to enforce all of Landlord's rights and
remedies under this Lease, including the right to recover the
rent as it becomes due hereunder.
(c) Pursue any other remedy at law or in equity now or
-- hereafter available to Landlord under the laws and judicial
decisions of the State of California.
(iii) Default by Landlord. Subject to the provisions of
Section 10 (Access Road Maintenance) Landlord shall be in default
and breach of this Lease if it fails or refuses to perform any
provision of this Lease that it is obligated to perform if the
failure to perform is not cured within thirty (30) days after
written notice of the default has been given by Tenant to Land-
lord.
�. -3- EXHI B1T G'► .
If the default of Landlord cannot reasonably be cured within
thirty (30) days, Landlord shall not be in default of this Lease
if Landlord commences to cure the default within said thirty (30)
day period and diligently and in good faith continues to cure the
default.
(iv) Tenant's Remedies. In the event of any such material
default by Landlord after said thirty (30) days notice to Land-
lord required under Sub-section (iii) (Default by Landlord) ,
- - Tenant may at any time thereafter terminate this Lease with a
-- written notice to Landlord and vacate the Premises on the date of
termination, unless Landlord has cured or is diligently and in
good faith continuing to cure its default and breach. In addi-
tion, Tenant shall have the right to pursue any other remedy at
law Or in equity now or hereafter available to Tenant under the
_< laws and judicial decisions of the State of California,
— 14. PUBLIC LIABILITY INSURANCE. Tenant is presently self-insured
in the amount of 250 000 each occurrence giving rise to
$ 9 9 personal
injury and property damages liabilities for which Tenant could be
held responsible. In addition Tenant presently has in force ex-
-- - cess insurance in the amount of $50,000,000 per occurrence with
an annual aggregate. Said self-insurance and excess insurance
i provide coverage for personal injury and property damage liabil-
ities arising out of the acts and/or omissions of Tenant, its of-
ficers, agents and employees, while on the Premises. Tenant upon
request of Landlord shall furnish to Landlord a Certificate of
- Insurance which shall provide that the Landlord would receive ten
^: (10) days' prior written notice of cancellation, change in scope
or modification in coverage of such coverage. Nothing herein
shall be interpreted to require Tenant or its insurer to provide
.. _.,_ ,, .... ....--� a defense for, to provide insurance for, or to indemnify Landlord
except as may be otherwise required by law.
1 15. IMPROVEMENTS, ALTERATIONS AND ADDITIONS. Tenant, at its cost
shall have the right to make the improvements, alterations or
additions to the Premises that Tenant requires in order to con-
duct its business on the Premises without the Landlord's prior
-- consent, except the following shall require the prior written
- -- consent of the Landlord:
<_ (a) Locating additional structures on the Premises-
„_, (b) Altering the existing structures on the Premises or
adding to the structures if the appearance of the Premises will
be substantially modified;
(c) Trimming the trees on the Premises;
(d) Extending the communications tower in excess of fifty
(50) feet above the height of the existing tower.
Landlord shall not unreasonably delay or withhold its consent
to any improvements, alterations or additions where Landlord's
consent is required.
16. TENANT'S PERSONAL PROPERTY. For purposes of this Lease,
Tenant's personal property shall include all improvements, struc-
tures machinery, towers, antennas, and other equipment and per-
sonal property installed or placed on the Premises by Tenant at
its expense whether or not permanently attached to the Premises.
- - Tenant shall have the right to remove its personal
property
the Premises upon expiration or terminationn of thisLease. from
- - 17. SURRENDER OF PREMISES. At the expiration or termination of
this Lease Tenant shall surrender to Landlord possession of the
Premises. Tenant shall leave the surrendered Premises in the
same condition as that existing at the time of commencement oZ
this Lease, reasonable wear and tear, damage by the elements or
-- — by circumstances over which Tenant has no control, excepted.
18. RESERVATIONS. This Lease is subsequent to and subject to all
prior exceptions, reservations, grants, easements, leases or
licenses of any kind whatsoever as the same appear on record in
the office of the County Recorder, County of San Mateo, State or
California. Tenant covenants not to disturb the quiet and peace-
ful enjoyment of any and all parties having any legal right,
/ -4-
J EXHIBIT
title, interest or privilege in and to the Premises and that the
use of the Premises by Tenant shall at all times be conducted
with legal regard for such rights, titles, interests and privi-
leges.
19. ASSIGNMENT AND SUBLETTING. Tenant shall not, either volun-
tarily or by operation of law, assign, transfer, mortgage,
pledge, hypothecate or encumber this Lease or any interest there-
in, and shall not sublet the Premises or any part thereof, or any
right or privilege appurtenant thereto, or suffer any other per-
son (the employees, agents, servants and invitees of Tenant ex-
cepted) to occupy or use the Premises, or any portion thereof,
-- without the written consent of Landlord first had and obtained,
4. which consent shall not be unreasonably delayed or withheld, and
a consent to one assignment, subletting, occupation or use by any
other person shall not be deemed to be a consent to any subse-
quent assignment, subletting, occupation or use by another per-
son. Any such assignment or subletting without such consent
shall be voidable, and shall, at the option of Landlord, consti-
tute a default under this Lease.
20. TEP14INATION OF FORMER LEASE. The written lease between Land-
lord and Tenant dated November 6, 1979, as to the Premises ex-
ecuted by Tenant on November 6, 1979, pursuant to County of San
_ — --- •, . .� Mateo Board of Supervisors Resolution No. 040418, is hereby ter-
minated and superseded by this Lease.
i
- a
I
srp501
�_ -5- EXHIBIT
�Z: a-C�^scars
(i) NOLi-s. All notices and demands which may or are to ho required or permitted to be given by either party to t'n ntwer
here-d-er shall o- in writing. All notices and d-anarcis try either patty shall be either served personally to, or sent b/t;nited
States mail, First Class mail, postage prepaid, addressed to the other party as follows:
TENANT: County of San Mateo
ATN: Director of Cenral Services
.. - _.... 590 Hamilton Street
- -- Redwood City, CA 94053
LANDLORD: Lankin - Spears, Attorneys at Law
Attn: Mr. George H. Norton
285 Hamilton Avenue, P.O. Box 240
Palo Alto, CA 94301
or to such other place as the parties may fret time to time designate in a written notice to the other party. Notices shall be
{ deemed cc s. icated within 48 lours from the time of mailing if sent by mail as provided in this section,
(ii) CM0lianoe with Law. Tenant shall rot use the Premises or permit anything to be done in or about the?remises which will
in any way conduct with any law, statute, ordinance or governmental rule or regulation row in force or which coon hereafter be
enacted or pcanulgated. Tenant shall, at its sole cast and expense-, promptly coply with all laws, statutes, ordinances and govern-
mental rules, cequlaticns cc requirements now in force or which may hereafter be in force, and with the recuireaw_nts of any board of
fire insurance un2erwriters or other similar bodies row or hereafter constituted, relating to, oc affecting the condition, use of
ccczPancy of the Premises. The ju anent of any ocurt of competent jurisdiction or the admission of Tenant in any action against
,o Tenant, whether Landlord be a party thereto cc cot, that Tenant has violated any law, statute, ordinance or governmental rule,
regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant.
(iii) Rules and Rec•ulations. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from
time to tine pcomuuigare. Landlord reserves the right from time to time to make all reasonable modifications to said rules. The
additions "modifications to those rules shall be binding upon Tenant upon delivery of a copy of them to Tenant. Landlord shall
not to responsible to Tenant for tto nonperformance of any said rules by any other tenants or occupants, or the public.
j (iv) Roldina Over. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term hereof
an
--=--- --- and Landlord accepts rent from Tenant, such ccpancy shall be a tenancy from month rn-tc-rtth at a rental at the sa.^w rate as the
and rental in effect on the date of expiration, plus all other charges payable hereunder, a upon all the provisions hereof except
those pertaining to Term and Option to Extend, shall apply to the month-to--month tenancy.
(v) Authority of Parties. -
(a) COrmrate Authority. If either party hereto is a corporation, each party executing this Lease on behalf of the
---- - -- -' corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said cormra-
tion, in accordance with a duly adopted resolution of the board of directors of the corporation or in accordance with the tut-laws of
the corporation, and that this Lease is binding upon the corporation in accordance with its terms.
(b) Partnership. If either party hereto is a partnership or other unincorporated association, each party executing
this Lease an behalf�o tt,-partnership cc other association represents and warrants that he or she is duly authorized to execute
- - and deliver this Lease on behalf of the partnership Of association, in accordace with the partnership agreement or the agreement of
-- - said association.
(c) Authorized Lease Reoresentative of the County of San Mateo. The Director of the Depacbnent of General Services
shall be the only authorized agent of the County of San Mateo tot purposes of giving any notices oc exercising any rights, nations,
privileges or obligaticns of Le Canty of San Mateo under this Lease. This Lease shall rot be valid unless executed try Chia irpecscn
of GM Board of supervisors of the County of San Mateo pursuant to a resolution adopted in accordance with the California Goverr.-ent
Code.
(d) Cammnity Property. If title to the Premises is held by Landlord as o.Y.rmxnity property, the amuse of Landlord--- --" - -" ' shall join in executing this Lease. Tenant shall have the right to rely on Landlord's representations without further incuiry as to
wt)ether Or rot its title to the Premises is held as separate or commnity property. Landlord shall be liable to Tennant far any
damages suffered by Tenant in the event this Lease is voided by a spouse with a canmunity property interest in the Premises who has
not joined in executing this Lease. In addition, Landlord shall be liable for misrepresentation to Tenant of a material fact.
----- - (vi) Other Tees. Clauses, plats, exhibits and riders, if any, initialed and dated by Landlord and Tenant and endorsed on or
affixed to this Lease are a part hereof.
(vii) waiver, The)giver by either party of any term, covenant or condition herein contained shall not be de°m<d to be a araiver
of such term, Cr-,aunt or oordition on any subsequent breach of the same or any other term, covenant Or condition herein cant-
___ taired. The subsequent acceptance of rent hereunder by Landlord shall not be dec-,ed to be a waiver of any preceding brew!h by
Tenant of any term, covenant cc condition of this Lease, other than the failure of the Tenant to pay the particular rental so ac-
cepted, regardless of Landlord's knowledge of such preceding breach at the time of the acceptance of such rent.
(viii) Joint Obligation. 'Party- shall mean Landlord or Tenant; and if there be more than one Tenant or Landlord, the ohliga-
-_--.__ -.- ticns hereunder L-:,x-ed upon Tenants oc Landlords shall be joint and several.
(ix) Ti.._. Tim- is of the essence of this Lease and each and all of its provisions in which performance is a factor.
- - --- -- - _ (x) Successors and Asians. The terms, covenants and conditions herein contained, subject to the provisions as to assiTcnent,
apply to add bind the heirs, successors, executors, administrators and assigns of the parties hereto.
(xi) Reoardatian. Neither Landlord roc Tenant shall record this lease, except that if either party requests the other party to
do so, th. paru.s shall execute a short form memocar0 m hereof in recordable form.
(xii) Quitclaim D-A. Tenant shall execute and deliver to Wndlocd on the expiration or termination of this Lease, Lir--lately
.----- --- --- on Lwdlor 's ra—eq�-sc, a quitclaim deed to the Premises, in recordable form, designating Landlord as transferc--
(xiii) cuiet Possession. ()pan Tenant paying the rent and other fees or Barges reserved hereunder and observing and c rfac,
all of the terns, covenants and cixditions on Tenant's part to be observdwd aryl pzcformed hereunder,Tenant shall have quiet p,..ses-
sion of the Premises for the entire term hereof, subject to all the provisions of this Lease. --
- - (xiv) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or
:mentioned in airs Lease, and no prior agreements Or understanding pertaining to any such matters shall be effective far any a r-
/ posse. No provision of this Lear.e-may be amended or added to except by an agreement in writing signed by the parties hereto cc their
/ cesp^etiw_ successors in interest. This Lease shall rot be effective-Or binding on any party until fully executed by both parties
hereto.
/ (zv) Lnability to pe-cform. This Lease and the cbligat(Ons of Tenant hereunder shall rot he affected or i-pAtrM bxea ."-v}-
lord is unable to tulfrll any of its obligaclona heceuudec or is delay.d in dOin) so, If such inability oc delay is by reason
/ of strike, labor troubles, acts of God, oc any other cause b:ycnd tM reasonable control of L-tlanl.
I IT
-
�� 0f
;z-�:. •.•:at i:n of ?a:r�..;.;.io. Lanilocd sail cot >xa+•cc Ae 4": 1 e th .r--:i cos oc ehis_e,:. rtvr or a joint •rne:�rer
with T^rant
- - tira:7)`r^Sale orcTr�f?r nE P�mises. In th•_ event of any sale or transfer of the ncenises, La dlovl shill `r rri is!v�ce`�i en-
- •v r all leabil t!v uxler cny aM a)1 of its co
-- - - -- ng pat of aw:xt, 'r^n•a"s•a.-z7 obLi•:at ions c-+n�inrl in or d!ri•:M fr'n this
•'- •- r ani�sion rcoxrur7 aft•:r
at such sale or transfer cc any subsequent sale o - "a=�o^of c�xh sale or tr�n;f^r; "1 tie ❑ucha.:er
the co .�,
n;�
- - r tran��er of the"reaises shall be d•<•r+rl, wi NY71t a.y further
ag:ey'.'1t Y.twen the parties a [heir si.mssors in interest or between the parties cc their successors in interest or tetween the
----- — - pa:t:a art any such Purchaser cc transferee, to have a�,irmai peel sire.-d to terry ant any and all of the ar,enants arc)obligation„
of L.acs:o-d any s this Lease.
(xviii) Na.. Tenant shall not use the rases of the Premises or of the davelopnent, Tuillinq or facility in which the Premises may
"�`'x""...'-�•""•'" ._ be sit::_'e3<or any nun peer. othac than i;an a.k)cess of the busines
s to be cO ducted by Tenant in the?remises.
_ (sisi 3eoarahility, hhy on illegal or unenfoccEabie stall in no_-av
Ctrm provision of Ghis Lease which shall Pcove to be invalid, •Hide---------- -- a r_ L:_p[f , are cc in•ralidate' any other provisi hereof and such other provision shall canain in full force Geri effect.
(xz) ula[iw IL^•ivd ies, No remedy cc election hereunder shall be deemed exclusive tint shall, wherever possi7le, tr_ a. a1a-
Lia�vit-h all other rem, ias at la+cc in egaity.
(xxil Choice of Law. This Lease Stull be construed, interpreted and
for--;a. - P governed to accordance with the laws of CM State of Call-
_ (=Ii) sicru and A-uctions. Tenant shall riot place any sign upon the Premises or conduct any auction thereon without Larr]lord's
J prior ur-icten consent.
(=iii) PCOyisicn3, Cvenants and Conditions. All provisions herein, whether wwnants cc conditions, on the Part of either party
shall be deened to be both covenants and conditions.
(=iv) Caoticns, Table of Contents.
The captions and the Table of Contents of this Lease (if any) shall have no effect on the
infer?ratason of L-lis Lease-
- -- - -_ � •w.s-s'n! ()oCv) Real Ss[ace Bro'<ers. Faeh party represents that it has not had dealings with any real estate broker, finder, or other
4 Pia:s • with cesp"ct [o this Lease in any:marrerparty. Each party stall told harnless the other party fern all an damages resulGirg fern
- y clad s that ray be asserted against the other party try any broker, finder or other person with whom the other party has or
x_.--- r.•xf.i a.-i purport�_'ly:as daft.
(nr i) Pzvxmnts in U.S. M new. Prot and all suns payable under this Lease must be paid in lawful matey of the United States of
(xxrii) Sinrala: and Plural. When required by the context of this Lease, the si:xluiar Stull include the plural.
the parties hereto have executed this Lease at the place and on the dates specified adjacent to their respective signatures.
_------ "Landlord"
BY
T'-� Geor�� H. �Norton
BY
• - Tet" Adele Norton
.lbdress:. Lakin - Spears Attorneys at Law
_Attn: Mr. George H. Norton
285 Hamilton Avenue, P.O. Box 240
Palo Alto, CA 94301
"Tenant"
By
Chatrpersrn, Board at Supervisors
CLL:mf a-S:el I' cro
Resolution No.
_ .. Address: Rall of Justice and?ecord5
401;arshall Street
... - R.1r,ccd City,CA 94063
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COUNTY OF SAN MATEO Rok.FE P OK JIZF_pEf4rEK Sri-rjonJ
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COUNTY CENTER 590 NAMILTON ST. REDWOOD CITY.CALIr. �1F8(1rTTEL.364-5600 EXT.24A� /_C- PSc. NQ1Q' I1 +
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DO NOT DESTROY THIS ORIGINAL NOTE: This original note, together
with a Request for Reconveyance signed by the holder hereof,I must
be surrendered to the Midpeninsula Regional Open Space District
before the final principal payment will be made.
SECURED PROMISSORY NOTE
$ 300, 000. 00 Los Altos, California
December 31 , 1992
FOR VALUE RECEIVED, on or before December 31 1 1996, in
installments as provided below, the undersigned, MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT, a California Public District
("Maker") , does hereby promise to pay to George H. -Norton and
Adele W. Norton, husband and wife, (Lenders) at Star Route 2 , Box
404 , La Honda, CA 94020 , or at such other place as the holder
hereof may, from time to time, hereafter designate in writing, in
lawful money of the United States of America, the principal sum
of ***Three Hundred Thousand and No/100 Dollars ($300, 000. 00) ,
together with interest from the date hereof on unpaid principal
at the rate of **Five** percent (5%) per annum. Should any
accrued interest not be paid when due, as provided below, it
shall be added to the unpaid principal and shall thereafter bear
interest in the same manner as principal.
1. Payments. Installments of principal and interest shall be
due, payable and credited as follows:
(a) The principal amount hereof shall be paid by Maker on
or before December 31, 1996.
(b) Accrued interest hereon shall be paid by Maker in
quarterly installments of Three Thousand Seven Hundred
Fifty and no/100 Dollars ($3 , 750. 00) payable on March
31, June 30, September 30 and December 31 of each year
until this Note is satisified in it's entirety.
(c) In case any date specified above for the payment of
principal and/or interest on this Note shall be a legal
holiday, such payment shall be made on the first
succeeding business day.
(d) All payments made hereon shall be applied first to the
payment of all unpaid interest accrued hereon to the
date of such payment and the balance, if any, shall be
applied to the payment of principal. Interest shall
thereupon cease upon the principal so credited.
1
W4 i t for
Page - - of
(e) Maker shall have the right at any time after 120 days
written notice to payor to pay all or part of the
outstanding principal balance of this Note and interest
then accrued thereon, without penalty or premium. Any
such proration of interest shall be calculated on the
basis of a 365-day year.
2 . Security. This Note is secured by a First Deed of Trust
with Assignment of Rents (the "Deed of Trust") , of even date
herewith, executed by Maker, as Trustor, to First American
Title Insurance Company, as Trustee, and naming Lender as
Beneficiary, creating a lien on certain real property, more
particularly described therein, located in the County of San
Mateo, State of California.
3 . Junior Lien. The Note, but not the Deed of Trust securing
the Note, is and shall be junior and subordinate to the
"Midpeninsula Regional Open Space District 1987 Negotiable
Promissory Notes" , 11 Midpeninsula Regional Open Space
District Variable Rate Demand Notes 1988 - Series All , 111990
Promissory Notes - Midpeninsula Regional Open Space
District" , 111992 Promissory Notes - Midpeninsula Regional
Open Space District (Santa Clara and San Mateo Counties,
California" and any and all subsequent public note issues of
Maker.
4 . Acceleration Upon Default. At the option of Lender, the
entire principal balance together with all accrued interest
thereon shall immediately become due and payable upon the
occurrence of any of the following (hereinafter referred to
as an "Event of Default") :
(a) default in the payment of principal or interest when
due pursuant to the terms hereof; or
(b) default in the performance of any obligation or
covenant of the Maker contained herein, in the Deed of
Trust, or in any other security agreement, deed of
trust or other agreement which may hereafter be
executed by Maker for the purpose of securing this Note
(including any amendment, modification or extension of
any of the foregoing instruments) .
5 . Acceleration Upon Transfer. In order to induce the holder
hereof to make this loan secured hereby, Maker agrees not to
transfer said real property or any portion thereof or
interest therein, without the prior written consent of the
holder hereof. Such holder may grant or deny such consent
in its sole discretion and, if consent should be given, any
such transfer shall be subject to the Deed of Trust as above
mentioned, to be bound by all provisions contained therein.
Such assumption shall not, however, release Maker from any
2
!EXHIBIT
Page 1� of
liability under this note without the prior written consent
of the holder thereof. In the event of any such transfer ,
without the written consent of the holder hereof, said
holder shall have the absolute right, at its option, to
accelerate and declare the entire principal balance and all
accrued and unpaid interest on this note, and all other sums
secured hereby, immediately due and payable. Consent to one
such transaction shall not be deemed to be a waiver of the
right to require consent to future or successive
transactions. Notwithstanding the foregoing, the holder
hereof agrees not to unreasonably withhold its consent to a
transfer of said real property to another public agency,
provided that such public agency has adequate resources, in
holder ' s judgement, to meet the obligations of this note in
the same manner as if paid by the Maker. As used herein,
"transfer" includes the sale, conveyance or other transfer
of said real property, or any portion thereof or interest
therein, whether voluntary, involuntary, by operation of law
or otherwise.
6 . Acceleration Upon Successful Funding. In the event District
is successful in obtaining the legally required voter
approval of a district-wide supplemental funding measure
prior to December 31, 1994, Seller shall have the right, at
Seller ' s sole option, to demand acceleration of the full
payment of the remaining principal and interest at any time
after December 31, 1994, upon giving District a minimum of
60 days written notice of Seller' s demand for such
acceleration.
7 . Lender ' s Delay. No delay or omission on the part of Lender
in exercising any right under this Note or under any of the
documents referred to in Section 2 shall operate as a waiver
of such right or of any other right of the holder hereof.
8 . Maker' s Waivers. Maker (and all guarantors, endorsers and
other parties now or hereafter becoming liable for the
payment of this Note) hereby waives diligence, presentment,
protest, demand of payment, notice of protest, dishonor, and
non-payment of this Note, and other notice of any kind.
Maker expressly agrees that, without in any way affecting
the liability of maker hereunder, the holder hereof may
extend the maturity date or the time for payment of any
amount due hereunder, accept additional security, release
any party liable hereunder, and release any security now or
hereafter securing this Note. Maker further waives, to the
full extent permitted by law, the right to plead any and all
statutes of limitation as a defense to any demand on this
Note, or on any deed of trust, security agreement, lease
agreement, guarantee or other agreement now or hereafter
securing this Note.
3
EXHIBIT
Page -ofs-
9 . Loss or Destruction. Upon receipt of evidence reasonably
satisfactory to Maker of the loss, theft, destruction or
mutilation of this Note' and in the case of any such loss,
theft, or destruction 'of this Note, upon delivery of an
indemnity bond by the holder hereof in such reasonable
amount as Maker may determine, or, in the case of any such
mutilation, upon surrender and cancellation of this Note,
Maker will execute and deliver, in lieu thereof, a
replacement note of like form, tenor and effect.
10. Law. This Note shall be governed by and construed in
accordance with the laws of the State of California.
11. Severance. Every provision of this Note is intended to be
severable. In the event any term or provision hereof is
declared to be illegal or invalid for any reason whatsoever
by a court of competent jurisdiction, such illegality or
invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain
binding and enforceable.
12 . waiver. Any waiver, express or implied, of any breach
hereof or default hereunder shall not be considered a waiver
of any subsequent breach or default.
13 . Section Headings. Section headings are solely for the
convenience of the parties and are not a part of this Note.
14 . Modification. No provision of this Note may be waived,
modified or discharged other than by an agreement in writing
signed by the party against whom enforcement of such waiver,
modification or discharge is sought.
15. Assignment. Lender may assign this Note and the Deed of
Trust upon obtaining the prior written consent of Maker,
which consent will not be unreasonably withheld.
16 . Purchase Money obligation. It is understood that the
indebtedness represented by this Note is the unpaid balance
of the purchase price of certain real property which Lender
has sold to Maker on the date hereof.,
4
E X F; SIT
Page
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A Public District
330 Distel Circle
Los Altos, California 940422
Director
Director
Director
Director
Director
Director
Director
5
Order No.
Escrow No.
Loa'
WHEN RECORDED MAIL TO:
--- - - - George H. and Adele W. Norton
i Star Route 2, Box 404
- -- _--1 La Honda, CA 94020
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(SHORT FORM)
-- This DEED OF TRUST, made the 31st day of December 1992 between
Midpeninsula Regional Open Space District, a public district
- herein called TRUSTOR,
whose address is 330 Distel Circle, Los Altos, California 94022
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
_-- GEORGE H. NORTON and ADELE W. NORTON, husband and wife
WITNESSETH: That Trustor grants to Trustee in Trust,.with Power of Sale, that property in the ,herein called BENEFICIARY,
unincorporated territory of the Count of p Y Y San Mateo State of California,described as:
Being more particularly described as Exhibit "I" as attached hereto
and incorporated herein by this reference.
Together with the rents,issues and proms thereof,subject,however,to the right, power and authority hereinafter given to-nd conferred upon Beneficiary to
-- -" collect and apply such rents,issues and profits.
_ For the Purpose of Securing 0)payment of the sum of S 300 000 00 will,.interest thereon according to the terms of a promissory note or
notes of even date herewith made by Trustor, pavab:e to order of Benefcary, and extensions or renewals thereof, and (2) the performance of each
- agreement of Trustor incorporated by reference or contained herein(3)Payment of additional sums and interest thereon which may hereafter be loaned to
.- - - - Trustor,or his successors or assigns,when evidenced by a promissory note or notes reining that they are secured by this Deed of Trust.
To protect the security of this Deed of Trust, and with respect td the property above described, Trustor expressly makes each and all of the agreements,
and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each
and all of the terms and provisions set forth in subdivision B of the fcYtious deed of trust recorded in Orange County August 17, 1964, and in all other
counties August 18, 1964, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located,
- -- - noted below opposite the name of such county,namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE
- - Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 787
_ - - - - Alpine 3 130-31 lake 437 110 Plumas 166 1307 Siskiyou 506 762
Amador 133 438 Lassen 192 367 Riverside 3778 347 Solana 1287 621
-- - Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427
_ Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Morin 1849 122 San Bernardino 6213 768 Sutter 655 585
• Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183
_ Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595
- - - ------ — - El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160
-�-- Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237
Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16
.. Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
"-- - - - - - - - Inyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774
shall inure to and bind the parties hereto,with respect to the property above described. Said agreements, terms and provisions contained in said subdivision
A and B,(identical in all counties,and printed on the reverse side hereof)are by the within reference thereto,incorporated herein and made a part'of this Deed
of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation secured hereby,provided
the charge therefor does not exceed the maximum allowed by law.
The undersigned Trustor,requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefere set forth.
' -- --. - Signature of Truzlor
--- - - - STATE OF CALIFORNIA �Sg Midpeninsula Regional Open Space
COUNTY OF_I
--- 02 District a publ c district
before me,the undersigned,a Notary Public in and for said State,per- B
sonally appeared Y
Robert J. Mc-"' n Pr G dent Board of
Directors
- - - personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
- - -- —----; within instrument and acknowledged to me that he/she/they executed EXHIBIT
the same. �j
WITNESS my hand and official seal. Page
Signature (This ore.for.1T,60 nw—i.l lean —TTJ8 (6/8:'
DO NOT RECORD
The following is a copy of Subdivision- 8 of the fictitious Deed of Trust recorded in each county in CeGfornie -ed in the foregoing Deed of Trust and in-
corporated by reference in said Deed c being a part thereof as if set forth at length therein.
A. To protect the security of this t ist,Trustor agrees:
(1) To keep said property in s, andition and repair;not to remove or demolish any building thereon;to winplete or restore promptly and in good and
workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished
therefor;to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof;not
to commit,suffer or permit any act upon said property in violation of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character
or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general.
(2) To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.The amount collected under any fire
or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Bene-
ficiary the entire amount so collected or any part thereof may be released to Trustor.Such application or release shall not cure or waive any default or notice of default
hereunder or invalidate any act done pursuant to such notice.
(3' To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all
costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may
appear,and in any suit brought by Beneficiary to foreclose this Deed-
(4) To pay:at least ten days before delinquency all taxes and assessments affecting sad property,including assessments on appurtenant water stock;when -."----
due,all incumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of
this Trust -
Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee,but without obligation so to do and without notice to
or demand upon Trustor and without releasing Trustor from any obligation hereof,may:make or do the same in such manner and to such extent as either may deem
necessary to protect the security hereof.Beneficiary or Trustee being authorized to enter upon said property for such purposes;appear in and defend any action or pro
seeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien
which in the judgment of either appears to be prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay his reason-
able fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from date of expenditure at the amount allowed
by law in effect at the date hereof,and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount
demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. ----_------ - -
B. It is mutually agreed: -
(1) That any award of damages in connection with any condemntion for public use of or injury to said property or any part thereof is hereby assigned and -
shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of
proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date.Beneficiary does not waive his right either to require prompt payment when due
of all other sums so secured or to declare default for failure so to pay. -
(3) That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed
and said note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby,Trustee may:reconvey any
part of said property;consent to the making of any map or plat thereof;join in granting any easement thereon;or join in any extension agreement or any agreement
subordinating the lien or charge hereof.
14) That upon written request of beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and mid note to Trustee
for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall reconvey,without warranty,
the property then held hereunder.The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.The Grantee in such
reconveyance may be described as"the person or persons legally entitled thereto."
- 15) That as additional security.Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,
to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby
or in performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable.Upon any such default,Beneficiary
may at any time without notice,either in person,by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the in- -
debtedness hereby secured,enter upon and take possession of said property or any part thereof,in his own name sue for or otherwise collect such rents,issues,and prof-
its, 9 includin those astdue ,and unpaid,and apply the same,less costs and expenses of operation and collection including ---=--'---'-- ----- ---p p g reasonable attorneY's fees,upon any indebted-
- - nett secured hereby,and in such order as Beneficiary may determine.The entering upon and taking possession of said property,the collection of such rents,issues and
profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. - -
(6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,Beneficiary may declare
all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and
of election to cause to be sold said property,which notice Trustee shall cause to be filed for record.Beneficiary also shall deposit with Trustee this Deed,said note and ---— -- -" - ---`
all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default.and notice of sale having been given as then re -
quired by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate par
cels,and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale.Trustee may
postpone sale of all or any portion of said property by public announcement at such time and place of sale,and from time to time thereafter may postpone such sale
by public announcement at the time fixed by the preceding postponement.Trustee shall deliver to such purchaser its deed conveying the property so sold,but with-
out any covenant or warranty,express or implied.The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof.Any person,
including Trustor,Trustee,or Beneficiary as hereinafter defined.may purchase at such sale.
After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of t.tle in connection with sale,Trustee shall apply the pro
seeds of sale to payment of.all sums expended under the terms hereof,not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof;
all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto.
M Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor -
or successors to any Trustee named herein or acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of
the recorder of the county or counties where said property is situated,shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,
wiNout conveyance from the Trustee predecessor,succeed to all its title,estate,rights,powers and duties.Said instrument must contain the name of the original Trustor,
Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee. --"------ -"
(8) That this Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and as-
signs.The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein.In this Deed, -
whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed,duly executed and acknowledged,is made a public record as provided by law.Trustee is not obligated to -
notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless -
` brought by Trustee.
DO NOT RECORD REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUSTEE:
... The undersigned is the legal owner and holder of the note or notes,and of all other indebtedness secured by the foregoing Deed of Trust.Said note or notes,to-
gether with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed,on payment to you of
any sums owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned,and all other evidences of indebtedness secured by said
Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed
of Trust,all the estate now',aid by you under the same.
Dated
Please mail Deed of Trust,
Note and Reconveyance to - -
Do riot lose or destroy this Deed of Tnrst OR TlfE,VOTE tt hich it secures.Both rtuat be delot ercd to the Triwce for emlcellatimt before reeonrcrmtce hill be Made.
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EXHIBIT
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Order No. 385544
PRELIMINARY REPORT
FIRST AMERICAN TITLE INSURANCE COMPANY
555 Marshall Street
Redwood City, CA 94063
(415) 367-9050
ESCROW FAX (415) 364-1519
MID PENINSULA OPEN SPACE DISTRICT
Attn: Craig Brittan
330 Distel Circle
Los Altos, CA 94022
Customer's Reference:
Form of Policy Coverage Requested: ALTA LOAN POLICY - 1990 AND CALIFORNIA
LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (1990) OR AMERICAN
LAND TITLE ASSOCIATION OWNER POLICY - (1990)WITH REGIONAL EXCEPTIONS
In response to the above referenced application for a policy of title insurance, this Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Dated as of November 16, 1992 at 7:30 a.m.
JAMES NORRIS
ESCROW OFFICER
Title of said estate or interest at the date hereof is vested in:
GEORGE H. NORTON AND ADELE W. NORTON, Co-Trustees of THE NORTON FAMILY
TRUST dated April 21, 1982, as amended and restated June 25, 1991
Page 1
H i B I T
Page J of
Order No. 385544
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
The land referred to in this Report is situated in the State of California, County of San Mateo,
and is described as follows:
All that certain real property situate in the County of San Mateo, State of California, being a
portion of Section 8, Township 7 South, Range 3 West, Mount Diablo Base & Meridian, more
particularly described as follows:
BEGINNING at a point in the centerline of the survey of the California State Highway Road IV,
San Mateo County Route 55, Section D, commonly known as Skyline Boulevard, said point of
beginning being at Station 237+70.70 of said survey; thence following along the centerline of
said highway, South 65° OF East 365.02 feet, more or less, to Station 241+35.72 B. C.; thence
along the arc of a tangent curve to the right, having a central angle of 30' 45' 00', a radius of
1200.00 feet and a length of 644.03 feet to Station "P" 247+79.75 P. C. C.; thence along the
arc of a curve to the right having a central angle of 37" 55' 00", a radius of 500.00 feet and a
length of 330.89 feet to Statioin "P" 251+10.64 E. C. - "A" 251+90.00 P. O. T.; thence South
3° 39' 00" West 1031.18 feet; thence along the arc of a tangent curve to the left, having a
central angle of 52' 31' 16", a radius of 300.00 feet and a length of 275.00 feet to the true point
of beginning; thence from said true point of beginning, continuing along the arc of a curve to
the left, having a central angle of 7° 34' 14", a radius of 300.00 feet and a length of 39.64 feet;
thence South 56' 26' 30" East 94.24 feet; thence along the arc of a curve to the right, having
a central angle of 39' 48' 00", a radius of 400.00 feet and a length of 277.86 feet; thence South
160 38' 30" East 56.53 feet; thence along the arc of a curve to the left, having a central angle
of 38° 35' 00", a radius of 1000.00 feet and a length of 673.41 feet; thence South 55' 13' 30"
East 989.32 feet to Station 286+54.40 B. C.; thence along a curve to the right having a radius
of 1000.00 feet and a length of 428 feet, more or less, to the point of intersection of said
centerline of said highway with the South line of said Section 8; thence Westerly along the South
line of said Section 8, 950 feet, more or less, to the intersection with the centerline of a Pacific
Gas and Electric Company easement, recorded in Book 2517 of Official Records at page 275,
Records of San Mateo County, California; thence Northwesterly along the centerline of said
easement North 61° 37' West 2620 feet, more or less, to a point that is South 70' 10' West
1650.00 feet, more or less, from the true point of beginning; thence North 700 10' East 1650
feet, more or less, to the point of beginning.
Page 2 1T
Page X-. o$
Order No. 385544
EXCEPTING FROM the property herein described, so much thereof lying within the bounds
of State Highway Road IV, San Mateo County Route 55, Section "D"; commonly known as
Skyline Boulevard; said Skyline Boulevard including the lands described in, but not limited to
the following:
1. Lands described in Deed to the State of California, recorded on September 30, 1929 in
Book 431 of Official Records at page 474 (File No. 44857-B), Records of San Mateo County,
California.
2. Lands described in Parcel I of that certain Deed to the State of California, recorded on
October 31, 1932 in Book 579 of Official Records at page 179 (File No. 16051-C), Records of
San Mateo County, California.
A.P. No.: 078-210-230 JPN 078 021 210 12 A
078-210-130 078 021 210 13 A
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1. General and Special Taxes for the fiscal year 1992-93,
First Installment $1,683.68
Second Installment $1,683.68
Homeowners Exemption $7,000.00
Code Area: 070-005 A.P. No.: 078-210-130
General and Special Taxes for the fiscal year 1992-93,
First Installment $266.32
Second Installment $266.32
Code Area: 070-001 A.P. No.: 078-210-230
2. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with
Section 75 of the California Revenue and Taxation Code.
3. EASEMENT for existing roads lying within the boundaries of property herein described.
C,)(II1BIT
Page 3 1129e of
Order
de No. 385544
4. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: Robert Anderson and Gracella R. Anderson, husband and wife
To: Pacific Gas and Electric Company, a corporation
Dated: June 6, 1932
Recorded: July 25, 1932
Document No.: 11124-C
Book/Reel 571 of Official Records at page/image 197, Records of San Mateo County,
California.
Grants Right of Way for a single line of poles and wires over the Easterly and
Northeasterly portion of property herein.
5. RIGHT OF WAY over the herein described property, as granted in Agreement:
From: Robert Anderson and Gracella R. Anderson, his wife
To: E. Lowell Sumner, Jr. and Ethel Craig Sumner, his wife
Dated: March 20, 1934
Recorded: April 10, 1934
Document No.: 39805-C
Book/Reel 618 of Official Records at page/image 341, Records of San Mateo County,
California.
Grants Right of Way for a 20 foot road from the Northwest '/a of Section 17, Township
7 South, Range 3 West, Mount Diablo Base and Meridian over the Southeasterly portion.
6. RIGHT OF WAY over the herein described property, as granted in Deed:
From: San Mateo County Title Company, a corporation
To: E. Lowell Sumner, Jr. and Ethel Craig Sumner, his wife, as Joint Tenants
Dated: June 28, 1941
Recorded: June 28, 1941
Document No.: 24845-E
Book/Reel 964 of Official Records at page/image 309, Records of San Mateo County,
California.
Grants Right of Way over the Old Summit Road from its intersection with the Sumner
Right of Way (as set forth in Book 618 of Official Records at page 341), in a Southerly direction
to the North line of the Northeast '/a of said Section 17. Said easement being for the purpose
of ingress to and egress from said Northeast '/a of Section 17, for all road purposes and public
utilities, and as disclosed by various other Deeds of record.
EXHIBIT
Page '� ®f�
Page 4
Order No. 385544
7. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: Joseph Galantine and Philimena Galantine, husband and wife
To: Pacific Gas and Electric Company, a California corporation
Recorded: December 28, 1953
Document No.: 27108-L
Book/Reel 2517 of Official Records at page/image 275, Records of San Mateo County,
California.
Grants Right of Way for line of towers and wires over a strip of land of the uniform
width of 50 feet along the Southerly boundary and 25 feet along the Southwesterly boundary of
the herein described property.
8. RIGHT OF WAY as condemned by Final Order of Condemnation dated May 18, 1965
issued out the Superior Court of the State of California, in and for the County of San Mateo,
Case No. 105155 entitled "Pacific Gas and Electric Company, Plaintiff and Cross-Defendant vs.
John W. Dodds, et al, Defendants and Cross-Complainants". Certified copy of which was:
Recorded: May 18, 1965
Document No.: 50060-Y
Book/Reel 4955 of Official Records at page/image 143, Records of San Mateo County,
California.
Condemns right of way for towers and wires affecting strips of variable width on each
side of right of way as Exception No. 7 herein.
9. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: Joseph Galantine
To: County of San Mateo, a political subdivision of the State of California
Dated: June 11, 1954
Recorded: June 18, 1954
Document No.: 64957-L
Book/Reel 2602 of Official Records at page/image 580, Records of San Mateo County,
California.
Grants Right of Way over a 20 foot strip between Skyline Boulevard and the Northerly
line of Section 17.
10. RIGHT OF WAY over the herein described property, as granted in Instrument:
From: George H. Norton and Adele W. Norton, husband and wife
To: Pacific Gas and Electric Company, a California corporation
Dated: September 5, 1977
Recorded: September 23, 1977
Document No.: 75337-AL
Book/Reel 7609 of Official Records at page/image 528, Records of San Mateo County,
California.
Grants Right of Way for underground wires and cables, etc.
Page 5
EX,HI3; ' ro.-Go"
Page -lEof�.
Order No. 385544
NOTICE OF FINAL DESCRIPTION:
Executed by: Pacific Gas and Electric Company, a California corporation
Dated: September 1, 1978
Recorded: September 14, 1978
Document No.: 15076-AN
Book/Reel 7779 of Official Records at page/image 1945, Records of San Mateo County,
California.
Defines said easement as lying within a 10 foot wide strip crossing the subject property.
11. No report or examination has been made in connection with that certain "Notice of
Pendency of Statutory Adjudication-San Gregorio Creek Stream System", executed by The State
Water Resources Control Board and recorded March 27, 1989 under Recorder's Serial No.
89038390 of Official Records of San Mateo County. The policy being issued will not insure
against any loss by reason of such matters.
For more information, please contact:
Barbara Katz
State Water Resources Control Board
Office of Chief Council
P.O. Box 100
Sacramento, CA 95801
(916) 324-0941
12. ADJUSTABLE INTEREST RATE 1DEED OF TRUST to secure an indebtedness in
the original amount of$400,000.00 and any other amounts and/or obligations secured thereby,
Trustor: George H. Norton and Adele W. Norton, Co-Trustees of The Norton
Family Trust dated April 21, 1982 as amended and restated June 25, 1991
Trustee: North American Title Company
Beneficiary: Chase Manhattan Financial Services, Inc., and/or its successors and
assigns
Dated: August 25, 1992
Recorded: August 31, 1992
Document No.: 92140171 of Official Records of San Mateo County, California.
Beneficiary's Address - 1900 Corporate Blvd., NW, Suite 110, Boca Raton, FL 33231
Loan No. - 850-938260-7
EXHIBIT E...w
Page 6 page 6 o .
Order No. 385544
13. HOME EQUITY LINE OF CREDIT DEED OF TRUST to secure an indebtedness in
the original amount of $200,000.00 and any other amounts and/or obligations secured thereby,
Trustor: George H. Norton and Adele W. Norton, Co-Trustees of The Norton
Family Trust dated April 21, 1982 as amended and restated June 25, 1991
Trustee: North American Title Company
Beneficiary: Chase Manhattan Financial Services, Inc., and/or its successors and
assigns, a corporation
Dated: August 25, 1992
Recorded: August 31, 1992
Document No.: 92140172 of Official Records of San Mateo County, California.
Beneficiary's Address - 1900 Corporate Blvd., Suite 110, Boca Raton, FL 33431
Loan No. - 850-02403
14. THE TERMS, provisions and conditions of the Trust herein mentioned which are not
disclosed of record. A copy of said Trust must be submitted to this office prior to closing.
INFORMATION NOTES:
A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential
Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B,
Part I, the following exclusion from coverage:
Any rights, interest, or claims of parties in possession of the land not shown by the public records.
Any easement or liens not shown by the public records. This does not limit the lien,coverage in item 8
of covered title risks.
Any facts about the land which a correct survey would disclose and which are not shown by the public
records. This eliminates the forced removal coverage in item 12 of covered title risks.
B. The City of San Mateo imposes a property transfer tax of V-, of 1% of total consideration.
C. Order Date: December 1, 1992
Short term rate date: August 31, 1992
Page 7 ����
Order No. 385544
D. LENDER'S SPECIAL INFORMATION
There have been no deeds recorded within the last two years prior to the date of this report, affecting the
herein described property. EXCEPT
TRUST TRANSFER DEED
From: George H. Norton and Adele W. Norton, his wife, as Community Property
To: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated
April 21, 1982, as amended
Dated: June 27, 1991
Recorded: July 10, 1991
Document No.: 91087960 of Official Records of San Mateo County, California.
INDIVIDUAL GRANT DEED
From: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated
April 21, 1982 as amended
To: George H. Norton and Adele W. Norton, Co-Trustees of The Norton Family Trust dated
April 21, 1982, as amended and restated June 25, 1991
Dated: August 20, 1992
Recorded: August 31, 1992
Document No.: 92140170 of Official Records of San Mateo County, California.
Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language
contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment"
pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. any documents executed on or after
January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial
forms of acknowledgments may not be acceptable for recordation. First American Title will make the form
available upon request.
WARNING
"THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED
THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO
THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY
DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM
RELIANCE UPON THIS MAP".
F
Page 8 Page
Order No. 385544
NOTICE
Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance
Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds,before recording any documents in connection with
the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the
same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after
deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's
checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more
details.
NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq., of the Insurance Code
of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E.
N.O.
HA/tm/p
Page 9 EXHIBIT—
Page Of
Order No. 385544
ti -L
NOTICE
In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to
withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of
California real property interest by either:
1. A seller who is an individual with a last known street address outside of California or when the
disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent
of the amount required to be withheld or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer
will be required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident
of California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the
California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the
Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the
withholding requirement.
The California statues referenced above include provisions which authorize the Franchise Tax Board to grant
reduced withholding and waivers from withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion
concerning the effect of this law on this transaction and should not act on any statements made or omitted by
the escrow or closing officer.
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ASSESSOR'S AWAP COUNTY OF SAN MArEO CA. A- 04
Open Space I A AAA41
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-127
Meeting 92-31
December 9, 1992
December 1, 1992
To : Board of Directors
From : Gifts Policy Committee Betsy Crowder, Ginny Babbitt,
Nonette Hanko
Subject : Policies related to Site Naming , Gifts Policies , and
POST Memorial Program
Dear Colleagues :
On August 26 , the Committee was formed and given the
following charge :
Revise existing site naming and gift recognition policies.
Propose new policies for Board adoption. Work with POST
in mechanisms to recognize gifts to MROSD as separate from
gifts to POST.
The Committee began its deliberations on September 15 with
representatives from POST. We were advised by both POST and District
staffs that there exists a backlog of unmet requests for commemorative
plaques and benches on District lands. The Committee wishes to sup-
port a co-operative venture with POST, which we think can go forward
under existing policy without limiting the District's revision of policies
still under consideration.
POST is in the process of developing a memorial brochure and
has suggested, as a start, that three locations be chosen on District
land for small memorial donations; where an additional bench enhanced
by native landscaping, be used as a place for reflection ( see attached
POST memo ) . The Committee agrees with POST that the funding of such
benches and a reasonable cost for maintenance be borne by POST. The
Committee also recommends that additional locations be considered in
the southern portion of the District.
In a second area of discussion, the Committee is considering a
District recognition program; such as one to recognize the founders and
others of major contribution to the District. If the Board is interested
in pursuing this idea , the Committee will proceed in forming recommenda-
tions . One avenue proposed for exploration would be to invite members
of the former steering committee of the founding of the District for ideas
201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 - Phone:(415)949-5500 • FAX:(415)949-5679
R-92-127
Page 2
both inappropriate types of recognition and financing. POST has also
offered to give us ideas.
RECOMMENDATIONS
lo District Staff be directed to review and analyze the attached
proposal with POST, including costs for development and main-
tenance, for final consideration by the Board prior to implemen-
tation .
2. Staff prepare a list of approved capital improvement projects
which POST may use to implement their Memorial Program.
3. As a part of the fund raising process for the benches and other
capital improvement projects , POST will acknowledge the District
in the promotional materials, memorial certificates and acknow-
ledgements .
4 . While the District is in the process of revising its Site Naming
and Gifts Policies , that existing policies and dollar schedules be
suspended; and that further requests be considered on a case-by -
case basis. The Committee will return to the Board with revised
policy recommendations at a later date.
S. The District consider a program to recognize District founders
and other major contributors; and that the Gifts Policy Committee
be instructed to outline a program .
by G• ts nsl,• . .; � �e�
1992
PENINSULA OPEN SPACE TRUST
3000 SAND HILL ROAD, 4-135
MENLO PARK, CA 94025
415/854-7696
MEMORANDUM
,v
TO: MROSD/POST Memorial/Commemorative Committee
POST Creative Committee
FROM: Audrey C. Rust
04/—
DATE: October 22, 1992
SUBJECT: Memorial/Commemorative Sitting Areas
Attached is a copy of our report which identifies the special
memorial/commemorative areas we will highlight in our new program. It
includes our recommendations for enhancement of each area. POST will use its
Land Fund and gifts especially raised for this purpose to-pay for the improvements
to each area.
It is important that we act quickly on the portion of the program which require
planting so that we can take advantage of the winter rainy season.
PENINSULA OPEN SPACE TRUST
Memorial and Commemorative Sitting Areas
Purisima Creek Redwoods Open Space Preserve
Remove sprouting
stump, etc. #3
New ferns, etc. #4
Existing Bench
Redwood Trall
eplacement Benches
tifti•
® ® tirti. "Cut Off" developing.
New shrubs needed
ti•ti•ti 'L•ti•ti•ti.ti. tifti•
l•l.r•r.f.r.r�l�r
ti•ti•ti•ti•ti•ti• tifti,
tifti. # 1
New shrubs for screening tifti•
# 2 tirti.
.l.
tirti.
tifti•
This map shows the location and kinds of improvements we suggest making at the
Purisima sitting area. POST would pay for all work to be done.
Because it is possible for people of all abilities to get to this area and because it has a
lovely contemplative view, we propose highlighting the first sitting area off the
whole access Redwood Trail. Our suggested improvements include:
• Planting new shrubs (huckleberry??) along area #1 to discourage
the development of a "cut off" which is currently forming near
the entrance to the trail.
• Planting additional shrubs in area #2 (some huckleberry is there
now) to add privacy to the sitting area. If acceptable to the District,
a 4-5 foot wooden fence in this area, planted on either side with
native shrubs would cut down on road noise and add
significantly to the privacy of the area.
POST Memorial and Coi morative Sitting Areas
, 2
• Remove the sprouting redwood stump and a few very weak
small bushes which are beginning to grow in area #3. These will
eventually grow large enough to block the view of the large
redwood trees in the middle distance. Shorter shrubs or ferns
should be planted in their place.
• Area #4 could be enhanced with the planting of new sword ferns.
• Existing bench in center of the area would be removed.
• Two or three replacement benches would be provided and placed
farther back in the area. These benches would be placed at a slight
angle to each other. POST would have the benches made and
will commit to their upkeep.
• In the best case scenario, the current bench with its plaque would
be moved to a new location. If this is not possible, then we would
remove the plaque and put it on one of the new benches.
• Replace donor "Thank you" sign with upgraded sign. Are others
needed?
Windv Hill Open Space Preserve
xisting Bench
. . . . . . : : : :� . . . .
. . . . . . .New Bench :
YVifdfldWef:ar�a • Anniversar Trail
The view from the saddle between the two knobs of Windy Hill provides a very
different experience from that at any of the other Memorial Areas. There is some
protection provided by the topography, yet the view is expansive, looking over
much of the Peninsula. The walk to this area is easy, but more difficult than
Purisima or Monte Bello.
10/22/92
POST Memorial and Commemorative Sitting Areas 3
Suggested improvements in this Sitting Area are:
• Add an additional bench located next to the existing one. If new
bench designs are recommended, POST will buy two new ones
and relocate the plaque on the existing one to a less conspicuous
place.
• Wildflower seeds could be planted annually to enhance the
surrounding area. Appropriate seeds could be obtained through
the California Native Plant Society or high quality specialty
growers. Help could also be sought from Buena Vista Nursery.
Although not native, if some recollection of the historic farm use
of the location is desired, daffodil bulbs (still found on some of
slopes) could also be planted.
• We also suggest redoing the signage at the South Skyline
entrance. The sign thanking the donors of the property needs to
be replaced and relocated. If the District would like to upgrade
and better integrate the signage at this location, POST is willing to
discuss these plans and pay for that enhancement.
�. Skyline Ridge 012en Space Preserve
Nature Center sting Bench® #2
Wilflower Area"X
Alpine Lake
isting Bench
Und` `ass # 1
. . . igns Existing Bench
Parking•
10/22/92
POST Memorial and Corr -norative Sitting Areas 4
Alpine Lake
Ridg
Trail
Viewing area with
2 benches
The Skyline site at Alpine Lake does not lend itself well to locating a secluded or
private spot with a view. Near Existing Bench #1 there is a very nice view of the
lake, however it is too exposed to a well used trail which would interfer with the
need for some privacy. Instead, we propose highlighting a quiet walk around the
lake and for those who are more able, a walk out to the proposed viewing area
along the Ridge Trail on the way to Horseshoe Lake.
• We suggest that the area shown on the map as a "Wildflower
Area" be planted as such. POST would pay for either sowing
seeds (which would have to be done annually) or planting
flowering plants or shrubs. If this is to be done, we need to
proceed before December.
• We suggest that two or three benches be placed at the
prominatory at the site of the Ridge Trail dedication.
Monte Bello Open Space Preserve
Con's"dewered , bee Y*e. evotati.'r5``�'�
10/22/92
POST Memorial and Commemorative Sitting Areas 5
Nature Trail
Saratoga Gap
E— Existing Named
Bench Stile with
POST's name
Viewing
Platform Possible ADA `=
Bench PaW g[
Monte Bello provides sweeping vistas along the Coast Range following the San
Andreas Fault through Saratoga Gap. The trail from the parking lot to the
proposed viewing platform is a whole access trail and is easily usable for everyone.
Our suggested improvements include:
• Build an approximately 10' x 10' viewing platform to be located at
the juncture of the main trail and the nature trail. This platform
would be wheelchair accessible and would have built-in benches
on three sides.
Remove existing bench named for Frances Brenner and move
it• plaque to side of viewing platform.
• Rebuild the Nature Trail where it intersects with the main trail
so that a continuous path of travel is accomplished.
• Improve the accessibility of the trail from the parking lot to the
platform if desired by the District.
• Place more benches along the trail to the platform, if needed.
An alternative site near the pond, accessed from lower down on Page Mill Road, is
also a possibility.
10/22/92
Open Space
C:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-106
Meeting 92-31
December 9 , 1992
AGENDA ITEM
Authorization to Purchase Tractor
GENERAL MANAGER ' S RECOMMENDATION
Authorize the expenditure of $29 , 973 for the purchase of a
skiploader tractor from Nobel Ford of San Jose . This
recommendation is contingent upon your approval of a budget
reduction plan that retains the funding required for this
purchase .
DISCUSSION
At your March 25 , 1992 meeting, in conjunction with the adoption
of the fiscal year 1992-1993 Open Space Management budget , you
approved $30 , 000 for the purchase of a tractor . Through a
competitive General Services Administration bid process , Santa
Clara County purchased a construction tractor that meets the
District ' s specifications . In July, 1991 the county awarded a
$29 , 973 purchase contract to Nobel Ford of San Jose. The price
has significantly increased since then . The District has an
outstanding opportunity to purchase this tractor now at the 1991
bid price. Nobel Ford is willing to sell the tractor to the
District at this price if the order is filled from current
inventory.
This construction-grade tractor is designed to move water-
saturated soil and debris which, as a result of winter
landslides , block District patrol roads and access to enterprise
rentals . This type of tractor is extremely versatile and will be
used in a variety of construction and maintenance projects . It
also complements our existing agricultural tractor, which is
primarily designed for pulling implements and operating brushing
and mowing attachments . Attempts to use our existing tractor for
heavy duty construction applications have resulted in excessive
repair time and costs .
Prepared by:
David Tapley, Support Services Supervisor
John Escobar, Operations Manager
Contact person:
David Topley, Support Services Supervisor
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 e
General Manager:Herbert Grench Board of Oirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-129
Meeting 92-31
December 9, 1992
AGENDA ITEM
License Agreement for the Town of Portola Valley to Remove Two
Trees from Windy Hill Open Space Preserve and Reroute Corte Madera
Creek
GENERAL MANAGER'S RECOMMENDATION
Approve the attached License Agreement for the Town of Portola
Valley to stabilize the Alpine Roadbed by removing two trees and
rerouting Corte Madera Creek on Windy Hill Open Space Preserve.
Discussion
The Town Engineer recently contacted District staff regarding a
section of Corte Madera Creek which is undercutting Alpine Road.
The town right-of-way for Alpine Road extends to the center of
Corte Madera Creek. Windy Hill Open Space Preserve borders the
town's right-of-way on the opposite side of Corte Madera Creek.
To stabilize the road and creek, the town proposes a two-phase
project. The first phase would be completed immediately, and the
second phase would be performed next summer, when the creekbed is
dry. The first phase consists of a stop-gap measure involving
removal of two trees on the Windy Hill Open Space Preserve and the
placement of rock riprap along the creekbank below Alpine Road.
The rock riprap work is within the town's right-of-way. Next
summer, the town will reroute the creekbed away from Alpine Road
and place more rock riprap at the toe of the slope below Alpine
Road.
Staff has reviewed this project in the field and has concluded that
this is a necessary project and that there is no viable
alternative. Staff has prepared a license agreement with the town
to allow the town to perform the repairs on the preserve.
Construction and maintenance will be conducted by town employees or
contractors hired by the town. Phase one will occur following your
approval of the license agreement. Phase two will occur when the
creekbed is dry, most likely next summer.
Prepared by:
Mary Gundert, 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 e
General Manager Herbert Gren(h Board of Directors:Katherine Duffy,Robert McKibbin,Teen a FienJiaw,Ginny Babbitt,Nonette Fiat iko,Betsy Crowder,ki(I wal Bishop
L
Windy Hill Open Space Preserve
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
LICENSE AGREEMENT
This License Agreement is entered into by and between the Midpeninsula Regional Open
Space District, a public District (hereinafter "District"), and the Town of Portola Valley
(hereinafter "Town").
The parties hereby agree as follows:
1. Purpose
District hereby grants Town permission to enter that portion of the District's Windy Hill
Open Space Preserve shown on the attached map (hereinafter the "Property") for the sole
purpose of removing two trees and realigning a section of Corte Madera Creek.
Access to the Property will be determined by District staff at the time of entry by Town.
2. Construction Conditions
The construction project shall be subject to the following conditions:
a. The construction techniques and materials shall conform to the specifications
and standards of the Town of Portola Valley.
b. Town will be responsible for obtaining all necessary permits for the
construction project.
C. Town shall notify District at least 48 hours prior to commencement of work.
d. Once construction begins, the individual phases of the project will each be
completed within 15 working days upon commencement of each phase of the
project.
e. Town will leave the site in a condition equal to or better than that which was
originally found or as near as possible, including the removal of any and all
slash, branches and debris from the tree removal that might be a fire hazard as
determined by the County Fire Marshall.
f. Town shall notify District upon completion of work.
LICENSE AGREEMENT Page 2
Town of Portola Valley
3. Term
This license shall commence at the time of execution hereof by District and shall terminate
on December 31, 1993 unless terminated earlier by either party as hereinafter provided.
This license to enter the Property is cancelable upon 30 days written notice by either party.
Should either party terminate this license, Town shall be responsible for returning the site to
its natural state (as defined in Section 2.e herein) prior to the final termination date.
4. Notice
Any notice or notices required or permitted to be given pursuant to this license may be
personally served on the other party by the party giving such notice, or may be served by
U.S. mail to the following address:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Herbert Grench, General Manager
(415) 691-1200
(415) 691-0485 (FAX)
Town: Town of Portola Valley
765 Portola Road
Portola Valley, CA 94028
Attn: Betty Irvine, Town Engineer
(415) 851-1700
(415) 851-4677 (FAX)
5. Damage and Liability
Town shall be responsible for any and all personal injury and/or property damage on the
Property caused by its acts or omissions as a result of the repair work, and shall indemnify
District against any and all claims, liabilities, or losses, including attorneys fees, on account
thereof.
LICENSE AGREEMENT Page 3
Town of Portola Valley
The above license agreement has been read and understood and is hereby agreed to and
accepted.
TOWN OF PORTOLA VALLEY
By Date
Print
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By Date
Attest
EXHIBIT 1
WINDY HILL '
OPEN SPACE PRESERVE '
To Willowbrook Road
Small tree to be removed
Multi-Trunked Bay Tree
(to be removed)
Steep Bank
• CORTE MADERA CREEK'.*:::•`• Roadbed is in jeopardy
Steep drop-off to creek
COALMINE RIDGE AREA
ALPINE ROAD
Gate
NORTH Schematic Scale
Open Space
Z
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-128
Meeting 92-31
December 9, 1992
AGENDA ITEM
Notice of Completion for Picchetti Barn Restoration Project
GENERAL MANAGER'S RECOMMENDATION
Approve the attached Notice of Completion of Contract and Acceptance of Work for the barn
restoration project at the Picchetti Ranch Area of Monte Bello Open Space Preserve.
Discussion: At your March 11, 1992 meeting, you awarded a construction contract to Plan
Construction Company, Inc. of Cupertino for restoration of the barn at Picchetti Ranch (see
report R-92-32 dated March 11, 1992). Plan Construction Company, Inc. has completed the
work specified in the contract. This project was funded by a$192,000 state historic preservation
grant. Approximately $70,000 of the grant funds remain, which will be used to restore the
blacksmith shop. Staff will solicit bids for the blacksmith shop after state approval of the plans
and specifications.
In accordance with the contract documents, ten percent of the project cost ($9,985) has been
withheld from payment. The District will pay the balance 35 days after filing the notice of
completion. This allows adequate time to insure that the contractor has paid all payrolls,
material bills, and other debts connected with the project.
Prepared by:
Carleen Bruins, Visitor Services Supervisor
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
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the
Midpeninsula Regional Open Space District, pursuant to State law that work to be
performed under the contract heretofore made and executed by and between the
Midpeninsula Regional Open Space District, as Owner therein and Plan Construction
Company, Inc.
as Contractor therein, bearing the date March 31 , 1992
for construction of - Picchetti Barn Restoration Project
and appurtenant facilities upon lands of said District known as - The Picchetti Ranch
Area of Monte Bello Open Space Preserve
situated in the City of Cupertino County of Santa Clara
State of California, was completed as called for and in the manner designated by the
plans and specifications by the said Contractor, on the 13th day of November,
1992
Upon said contract, Explorer Insurance Company
was surety on the bond given by said Plan Construction Company, Inc.
the said Contractor, as required by law.
That the title of said District to the real property upon which said work and
contract was performed is that of fee simple
That the address of said Midpeninsula Regional Open Space District is 330
Distel Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made
and given on the 1 1th day of March, 1992 —, authorizing and
directing the execution of this instrument, the said District has caused these presents
to be executed in its name, authenticated by the signature the President of the said
Board of Directors this
9th — day of December, 1992
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
President, Board of Directors
Open Space
R-92-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-31
December 9 , 1992
AGENDA ITEM
Dedication Status of District Lands
GENERAL MANAGER ' S RECOMMENDATION
Adopt the attached Resolution Dedicating Interests in Certain
District Lands for Public Open Space Purposes .
Introduction: In accordance with the Board' s Dedicated Lands
Policy as last amended January 22, 1986 (see report R-86-03 dated
January 13 , 1986) , an annual report indicating the status of
District lands as dedicated or undedicated is to be presented to
you in December of each year. According to this policy,
"Normally, undedicated lands within the District ' s boundaries
will be held for future dedication to park or open space, or
both, purposes , but only after the necessary planning , boundary
adjustments , provision for permanent access and other changes in
configuration, which may involve the disposal or exchange of
interests in all or portions of such lands , have been completed. "
Dedications are usually made in December on the basis of the
annual report .
During the year, part of the use and management planning
decisions the Board makes for specific parcels and preserves is
whether to indicate by motion an intention to dedicate certain
interests in land, such as fee title or open space or trail
easements . Note that although a motion of intent to dedicate
might be adopted when the Preliminary Use and Management Plan for
a new acquisition is approved, this does not mean that the parcel
would necessarily be dedicated the following December. That is
because it is usually prudent to wait until the Comprehensive , or
at least Interim, Use and Management Plan for the entire preserve
is adopted or reviewed .
Since it might benefit the program of the District at some future
time to apply development density credits from dedicated District
land to other lands , dedication of these credits is not now
normally included at the time of the annual dedications . The
idea behind withholding potential density credits from
dedication, while dedicating the land itself for public open
space purposes, is that these credits may represent an asset of
the District which may be of substantial value in the future .
The credits might be used for transfer to private property,
potentially increasing the allowed development density on that
property. This might be done in connection with a joint
development application with the private party. In exchange,
some of that property might be permanently preserved or the
District might receive a cash payment which could be used for
Open Space . . . for room to breathe - 20th Anniversary 4 1972-1992
330 Distel Circle - Los Altos, California 94022-1404 - Phone: 415-691-1200 FAX: 415-691-0485 0)
Genera!Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
R-92-122 Page 2
property. This might be done in connection with a joint
development application with the private party. In exchange,
some of that property might be permanently preserved or the
District might receive a cash payment which could be used for
purchase of open space in another location. Joint development
plans and transfer of development rights are, of course, subject
to approval of the city or county in which the land lies . A
further rationale is that the District, in asserting its
potential right to use these credits , may be able to counter
proposals to increase allowed development densities that are
based on the argument that the potential development which the
District is precluding by buying open space can be put somewhere
else in the hillsides . Since the District has, in effect , paid
for this density we can argue that the District , if anyone,
should benefit. During the last legislative session in
Sacramento the District sponsored changes to the District ' s
enabling legislation that would state explicitly that potential
density credits are not lost when land is dedicated. The bill
passed the Assembly, but did not receive final action in the
Senate before adjournment .
Status Summary: Table I gives a summary of the dedication status
of District preserves and preserve subareas. Only those parcels
for which transactions have closed and title has passed to the
District on or before November 10, 1992 are included. The
interest in land that the District holds, i .e. , fee title, an
easement , or lease, is listed for each area. Rights of first
refusal and of reversion to the District are not included. The
District owns 35, 224 acres of land rights, 32 , 623 acres in fee
and 2 , 601 acres in lesser interests. The District added 939
acres of land rights to its holdings in the last 12 months .
Currently, there are two Board approved transactions that haven ' t
been completed. The 280 acre Vidovich property escrow is due to
close by December 31 , 1992 . The agreement with Santa Clara
County to finalize a Joint project in which the District is to
acquire 28 acres of the 206 acre former Azzarello property is
awaiting final approval by the county. Additionally, you will be
considering acquisition of the 32 acre Norton property addition
to Russian Ridge Open Space Preserve.
Recommended Dedications:
Long Ridge Open Space Preserve. As a condition of a grant from
Save the Redwoods League, the District agreed to dedicate the
former Mud Company and Nig Nog parcels (40 acres each) . Although
the Mud Company parcel is contiguous to the main part of the
preserve, the Nig Nog parcel is separated by the former Landre
property which is intended for dedication after disposition of
the house on the property. In order to allow flexibility in
- --- I
R-92-122 Page 3
determining the area that will go with the house, onlv the Mud
Company parcel should be dedicated now.
Monte Bello Open Space Preserve. In 1991 the District acquired
an additional 7 . 85 acre fee interest in the Maridon property
addition. The original 158 . 85 acres of fee interests have
already been dedicated; therefore , the 7 . 85 additional acres can
also be dedicated. Some 2.74 acres of fee interests have not
been acquired.
Rancho San Antonio Open Space Preserve. Now that the Black
Mountain trail has been relocated and fee title to a 20 acre
parcel transferred back to the Trust for Hidden Villa , the
District can dedicate the retained open space easement in this
parcel .
Dedications Not Currently Recommended:
There are two parcels designated for eventual dedication for
which the Use and Management Plans have been reviewed since
acquisition. The first is the 10 acre former Struggle Mountain
parcel on Page Mill Road and is not being recommended for
dedication at this time since it is still an isolated parcel .
The second is the 54 acre former Bullis property, now part of
Skyline Ridge Open Space Preserve. The 12 acre leasehold
interest in that parcel is purportedly under foreclosure. It
seems prudent to wait awhile, since a mutually beneficial
boundary adjustment might be made with a new lessee of the
developed area.
Summary: Of the 35, 224 acre total of interests in land, 23 , 462
acres are dedicated (66 .6%) , and 11 , 762 acres are undedicated
(33 . 4%) . Upon adoption of the resolution dedicating 68
additional acres , 23 , 530 acres (66. 8%) of these District rights
in land would be dedicated. Of the undedicated lands , 63 . 4% are
in the Sierra Azul Open Space Preserve.
Prepared by:
Herbert Grench, General Manager
Contact person:
Same as above
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DEDICATING INTERESTS IN CERTAIN DISTRICT
LANDS FOR PUBLIC OPEN SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space
District does hereby resolve as follows:
Section 1 . Pursuant to Resolution No. 86-6 , the Board of
Directors does hereby dedicate for public open space
purposes (pursuant to Public Resources Code Section 5540)
the interests in land held by the District shown herein,
except for possible development rights which might be
transferred to or for the benefit of other lands .
INTERESTS IN LAND TO BE DEDICATED
(EXCEPT FOR POTENTIAL DENSITY CREDITS)
Board
Approval Closing Property
Preserve/Area Grantor Date Date Acreage Interest
Long Ridge Mud Company 13-Nov-91 19-Dec-91 40 fee
Monte Bello/ County of 27-Feb-91 02-Aug-91 7 . 85 fee
Page Mill Road Santa Clara
Rancho San Trust for 22-Jul-87 24-Jul.-87 20 easement
Antonio/ Hidden Villa
Windmill Pasture
File: Run Date: Table 1. DEDICATION STATUS SUMMRY^
LANDS13 02-Dec-92
--------- Acres. Acres Acres Acres __Acres__...Acres Acres
,Acres Acres Acres Fee Easement Easement Easement Easement Fee, Ease- Fee, Ease- Fee, Ease- Fee, Ease-
Fee Fee Fee Dedicated & & Lease & Lease & Lease & Lease ment & Lease ment & Lease ment & Lease went & Lease
.----Dedicat ed--Unded icat ed,-.-.-Intended--Unded icated---.-Dedicated.--Unded i cated—_Lnt-ended-Ded.-LUrVed.—Ded i cat ed Undedicated Intended Ded. & Unded.
-----------------------------------------------------------
Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1
Coal Creek 386______, , -.107 107---- - _A93 - 0 0 0 0- 386 ___493
Edgewood County Park 0 0 0 0 468 0 0 468 468 0 0 468
El Corte de Madera Creek 2788 0 0 2788 0 0 0 0 2788 0 0 2788
E I-Sereno —------ ------ 0 0 985 98 0 1083
Foothills 201 10 0 211 0 0 0 0 201 10 0 111
Fremont Older 735 0 0 735 0 4 0 4 735 4 0 9
--La-Honda-Creek------ ___47_____I995______558_ 47_ --I 995-55A— A2
Long Ridge 802 375 321 1176 182 13 0 195 984 388 321 1372
Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274
--Monte _____0 126 86 126
Monte Bello Page Mill Road 2624 8 8 2631 0 0 0 0 2624 a 8 2631
Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308
Monte-Bello----- -- (All) ------- __(25) _(25) (2931)_ __------
Pulgas Ridge 293 0 0 293 0 0 0 0 293 0 0 293
Purisima Creek Redwoods 2543 80 77 2623 0 10 0 10 2543 89 77 2633
Rancho San Antonio _ __-"Rancho-San,Antonio"-.------.-892---------------80-- 0 0 -0 -0. 892______B0 0 972
Rancho San Antonio Windmill Pasture 880 0 0 880 1464 20 20 1484 2344 20 20 2364
Rancho San Antonio (All) (1771) (80) (0) (1851) (1464) (20) (20) (1484) (3235) (100) (20) (3335)
Ravenswood 0-- 0 -___274 _____98 1 0 ----------- 99 372
Russian Ridge "Borel Hill" 1455 0 0 1455 0 0 0 0 1455 0 0 1455
Russian Ridge Mt. Melville 44 49 0 92 0 0 0 0 44 49 0 92
_-Russiary Ridge----- ------(All) _(0}._______ (0)_ J1499)_- (0) (1548)
Saratoga Gap 492 206 0 698 2 0 0 2 494 206 0 701
Sierra Azul Cathedral Oaks 163 1109 33 1272 0 9 0 9 163 ilia 33 1281
_.Sierra Azul ---Kennedy Limekiln _43_______,2296 ---------- 70
Sierra Azul Mt. Umunhum 142 6141 52 6283 0 20 0 20 142 6161 52 J3
Sierra Azul "Summit Road' 0 0 0 0 0 20 0 20 0 20 0 20
-Sierra-Azul--- (132) (9973)
Skyline Ridge Ills 412 0 1531 at 0 0 81 1200 412 0 1612
Stevens Creek-Shoreline 54 0 0 54 1 0 0 1 55 0 0 55
St.-Joseph's Hill- -_--170 _____3 --------------- ---------------------__34,_ 3._._3____._267
Teague Hill 0 624 0 624 0 0 0 0 0 624 0 624
Thornewood 87 40 0 127 5 10 0 15 92 50 0 141
--Windy-Hill ------ I13I___ 1129 3 0 1132
--------------------------------- --------------------------
All 20999 11624 1262 32623 2463 138 50 2601 23462 11762 1311 35224
----------
Includes only those interests acquired (title or lease recorded or unrecorded lease fully executed) on or before: 02-Dec-92
Note: All entries rounded to nearest acre after any additions
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-92-126
Meeting 92-31
December 9 , 1992
AGENDA ITEM
Cancellation of December 23 Regular Meeting
GENERAL MANAGER ' S RECOMMENDATION
Cancel the December 23 Regular Meeting.
Discussion: At this time, it appears that it will net be
necessar`p to have a second Regular Meeting in December. The
meeting falls on Wednesday, December 23 .
Prepared by:
H. 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 Manager:Herbert Grench Board/of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy(rowder,Richard Bishop
Open Space
R-92-123 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 92-31
December 9, 1992
AGENDA ITEM
Proposed License and Registration Reimbursement Policy
GENERAL MANGER'S RECOMMENDATION
Adopt the proposed policy to reimburse employee license fees when the
license is required and used for the exclusive benefit of the District.
Discussion: The management team has drafted a policy on reimbursement of
license fees for the Board's consideration. The licenses provide
significant benefits to the District such as additional legal immunity
on designs, ability to file legal papers (i.e. evictions, restraining
orders) and to appear in court. Currently the District reimburses the
cost of obtaining a class A driver's license for staff who are required
to have this license to operate equipment for the District. Research
attorney Diane Blackman and planning manager Randy Anderson have asked
that this practice be extended to cover their costs for professional
licenses which they are required to use on the District's behalf. Fees
for membership in the bar are $500 annually, and fees for a landscape
architect's license are $300 annually. This proposed policy would also
apply to the district clerk who serves as a notary public.
With respect to the practice of reimbursement of licenses and
registrations by comparable agencies, staff has learned that virtually
all public and private agencies with which the research attorney has
interviewed maintain this practice. R. Anderson's license fees have been
fully reimbursed by his last two employers.
The funds for this reimbursement would come out of existing program
membership and dues budgets, which could be subject to reduction or
elimination as a result of future state budget cuts.
The proposed policy is as follows:
Subject to budget availability, the District will pay the cost of a
license or registration for an employee when the employee is
required to perform a service for the District for which the
license is legally required, provided that the employee uses this
license or registration for the exclusive benefit of the District.
This reimbursement is based upon the District's requirement for the
use of the license, and not merely because the employee possesses a
license.
Prepared by:
Randy Anderson, Planning Manager
Contact person:
Same as above
Open Space . . . for room to breathe 20th Anniversary - 1972-1992
U Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX: 415-691-0485 121
General Manager:Herbert Grench Board of Oirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginn v Babbitt,Nonette H a nko,Betsy Crowder,Richard Bishop
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M-92-09
MEMORANDUM
November 30 , 1992
TO: Board of Directors
FROM: M. Foster, Controller
SUBJECT: Mid-Year Financial Review
CONTROLLER ' S REPORT
Attached are unaudited financial statements for the six months
ended September 30 , 1992 .
Exhibit A contains the District ' s September 30 balance sheet
compared to our audited position on March 31 . Our cash balance
is down by $2 . 4 million due to paying-off. the Purisima Canyon
1984 (Wilkins) Notes and the purchase of $2 . 2 million of land.
These land purchases are listed in Exhibit F. It should be noted
that $4 . 6 million of this cash balance are reserve funds to
secure outstanding public notes and, therefore, not available to
fund District expenditures . The District ' s level of bonded
indebtedness is now about 76% of our statutory debt ceiling.
This provides ample room to accommodate our December sale of 1992
Promissory Notes to fund the final payment on the Vidovich
property.
Exhibit B shows our six month revenues compared to the same
period a year ago and to the twelve month budget . Tax revenue
during the April-June period exceeded budget by $90 , 000 (2 . 5%)
and the 1992-93 assessed valuation report from San Mateo County
indicates July-March revenue from that county will slightly
exceed budget expectations . Initial 1992-93 receipts from Santa
Clara County are below expectations . It is likely that overall
property tax revenue will meet the annual budget while tax
subventions will be under budget . You may also note in Exhibit B
that the District received no grant income or joint project
revenues during this period - the first time this has occurred
since 1985 . All of the development grant projects budgeted
($289 , 000) are in process , but it is likely that only $38 , 000
will be received this fiscal year . And, as you know, we will not
be receiving the budgeted proceeds ($2 . 9 million) from sale of
surplus land until next year .
Exhibits C , D, and E :review six month operational and development.
spending against the twelve month budget (C) , versus the time-
phased six month budget (D) , and compared to the same period last
year, (E) . The District spent 41% of its total twelve month
administrative, operations , and development budget during the
first six months . This is below the level of the last. three
years (45%, 48%, 46%) . By program, six month spending ver-sus
M-92-09 Page two
twelve month budget was Administration 54%, Public Affairs 48%,
Operations 45%, Acquisition 36%, and Planning 27%. As you are
aware from the on-going budget committee meetings , -,pending will
be at least 11% below budget for the year . Spending for rents
and Leases is over-budget because of the delay in moving to the
new building.
Six month spending was $397 , 000 (15%) below the time-phased
program budgets , similar to our performance prior to last year
(when
n we were off only 4%) . Employee benefit payments are well
below budget because our PER S account was over-funded. Legal
expenses were over budget due to work on the Los Gatos
redevelopment matter and the Kelly project .
As shown in Exhibit E, administration, operational , and
development spending was up 7% over last year ' s spending rate.
Salaries were up 13%.
Overall , the financial results of the first six months indicate
revenues are consistent with the District ' s long-term financial
plans , and expenditures reflect necessary concern for uncertain
future state funding formulas .
Prepared by:
Marie McGough, Accounting Specialist
Michael Foster, Controller
Contact person:
Michael Foster
----------
EXHIBIT B
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Revenue Versus Prior Year (Unaudited)
(Thousands)
Six Months Ended September 30
-----------------------------
1992 1991
------------------ -----------------
Property Taxes 4,5445 $4 , 147, 1
Tax Subventions 121 .1 157.6
Interest Income 442.7 504. 1
Grant Income 0.0 517.0
Gifts WO 0.0
Rental Income 191 . 1 180.6
Fines 1 .1 2.5
Joint Projects 0.0 113.8
Other 73.3 31 .9
------------------ -----------------
TOTAL RECEIPTS $5,378.8 $5,654.6
Six Month Revenue Versus Twelve Month Budget
---------------------------------------------
Twelve Month Six Month %
Budget Receipts Received
- ----------------- ----------------- ------------
Property Taxes $9,275.0 $4,5445 49
Tax Subventions 490.0 121 . 1 25
Interest Income 630.0 442.7 70
Grant Income 289.0 0.0 0
Enterprise 440.0 191 .1 43
Other 303.0 74.4 25
Proceeds from Sale of Land 2,900.0 Wo 0
------------------ ------ ----------- ------------
TOTALS $14,327,0 $5,378.8 38
EXHIBIT C
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses v. Twelve Month Budget
April - September, 1992
(Thousands)
Twelve Month Six Month %
Budget Spending Spent
------------------ ----------------- ------------
Salaries $2,0804 $1 ,022.3 49
Benefits 651 .2 224.8 35
------------------ ------------------
Subtotal $2,735.6 $1 ,247.1 46
Election Expense 42.5 1 .2 3
Other Contract Services 398.9 128.1 32
Vehicle Expense 150. 1 102.0 68
Contract Site Maintenance Exp. 230.1 73.3 32
Acquisition Expense (inc.Legal) 1430 101. 1 70
Structures & Improvements 862.0 204.6 24
Printing & Duplicating 20. 1 8.7 43
Rents & Leases 27.7 49,8 180
Training & Conferences 75.5 18.6 25
Equipment & Vehicles 169.5 300 18
Insurance 113.6 88.9 78
Utilities 74.6 29.1 39
Site Preparation 145.0 17.2 12
Communications(Publications&Projects) 164.5 90.3 55
Other Non-Land 125.5 38.6 31
TOTAL (NON-LAND) 5.478.7 2,229.3 41
Debt Service 5,643.7 2,095.4 37
Land Acquired 13.223.0 2,146.7 16
Building Improvements 753.3 211 .0 28
------------------ ----------------- -------------
TOTAL $25,098.7 $6,682.4 27
EXHIBIT D
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses v. Time-Phased Budget
April - September 1992
(Thousands)
Budget Actual Variance
------------------ ----------------- -------------
Salaries $1 ,035.2 $1 ,022.3 12.9
Benefits 325.6 2208 100.8
Election Expense 2.5 1.2 Y3
Other Contract Services 24W7 12KI QW6
Vehicle Expense 106.2 102.0 4.2
Contract Site Maintenance Exp. 114.9 73.3 41.6
Acquisition Expense (Inc.Legal) 70.3 101.1 (30.8)
Structures & Improvements 186.0 204.6 (18.6)
Printing & Duplicating 10.5 8.7 1 .8
Rents & Leases 23.9 49.8 (25.9)
Training & Conferences 34.6 18.6 16.0
Equipment & Vehicles QW4 30.7 97.7
Insurance 113.6 88,9 244
Utilities 38.4 29. 1 9.3
Site Preparation 50.0 17.2 32.8
Communications(Publications&Projects) 71 .0 900 (19.3)
Other Non-Land 66.4 38.6 27.8
------------------ ----------------- ------------
TOTAL (NON-LAND) $2,6260 $2,229.3 396.9
DEBT SERVICE
----------------------------------
Principal Repayment $627. 1 $627.1 0.0
Interest 1 ,520.5 1 ,468.3 52.2
------------------ ----------------- -------------
Total Principal & Interest $2, 147.6 $2,095.4 52.2
EXHIBIT E
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses
FY 1991-92 v. FY 1992-93
(Thousands)
Six Months Ended September 30
-----------------------------
1992 1991 % Increase
------------------ ----------------- ------------
Salaries $1 ,022.3 $900.8 13
Benefits 224.8 256.4 -12
Election Expense 1 .2 1.7 -29
Other Contract Services 128. 1 126.4 1
Vehicle Expense 102.0 90.8 12
Contract Site Maintenance Exp. 73.3 72.4 1
Acquisition Expense (Inc.Legal) 101 . 1 46.6 117
Structures & Improvements 204.6 132.8 54
Printing & Duplicating 8.7 8.2 6
Rents & Leases 40.8 62.6 -20
Training & Conferences 18.6 18.7 -1
Equipment & Vehicles 30.7 102.5 -70
Insurance 88.9 loWl -14
Utilities 29. 1 41 .2 -29
Site Preparation 17.2 6.4 169
Communications(Publications&Projects) 900 72.9 24
Other Non-Land 38.6 49.2 -22
------------------ ----------------- ------------
TOTAL (NON-LAND) $2,229.3 $2,092.7 7
Debt Service 2095.4 1 ,870.3 12
Land Acquired 2,146.7 1 ,852.0 16
Building Improvements 211 .0 92.4 128
------------------ ----------------- -------------
$6,682.4 $5,907,4 13
TOTAL
EXHIBIT F
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Land Acquired April I to September 30, 1992
SELLER DATE PRESERVE CASH PRICE
----- ----- --------- ----------
Quane 05/09 Sierra Azul $350,000.00
Green 05/14 Sierra Azul 75,000.00
Sink 05/28 Sierra Azul 265,000.00
Davis 06/30 Sierra Azul 130,0WOO
Big, Dipper Ranch 07/02 Skyline Ridge 1, 176,667.00
McQueen 07/22 Sierra Azu] 150,000.00
$2. 146.667.00
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Balance Sheets
March 31 and September 30, 1992
(Thousands)
September 30, 1992 March 31 , 1992
(Unaudited) (Audited)
------------------ -----------------
Cash and Equivalents $7,488.3 $9,925.2
Receivables 1 ,461 .9 3,626.E
Prepaid Expenses 2,017.6 2,0300
Land, at cost 122,586.6 120,345.9
Equipment 1 ,000.6 969.9
Structures and Improvements 4,9200 4,505. I
Hassler Bonds 11 .8 13.0
------------------ -----------------
TOTAL ASSETS $139,487.5 $141 ,416.2
------------------ -----------------
Accounts Payable $225.9 $302,4
Accrued Liabilities 159.0 159. 1
Deferred Revenue 545.3 545.3
Land Contract Debt 1.987.3 2,574.4
Public Notes Payable 46,368.2 46,408.1
------------------ -----------------
TOTAL LIABILITIES $49,285.7 $49,989.3
------------------ -----------------
TOTAL EQUITY $90,201.8 $91 ,426.9
------------------ -----------------
MEMORANDUM
December 1 , 1992
TO: Herbert Grench, General Manager
FROM: John Escobar , Operations Manager
SUBJECT: Recommendation for Interim and Seasonal Trail Closures
to Bicycle and Equestrian Use
Each year you report to the Board on the trails you propose to
close to equestrian and bicycle use for approximately six months .
Closures are designated as seasonal and interim seasonal
closures , and are based on concerns for public safety and
resource damage during extremely wet conditions . Interim
closures identify trails closed because of public safety concerns
pending the adoption of the trail use guidelines . Newly
constructed trails with unconsolidated trail treads are placed in
the seasonal closure category for the first winter season.
Although the Board has adopted Trail Use Policies , the permanent
status of trails now in the interim closure category will. not be
determined until trail use guidelines are adopted and
implemented. As in the past four years, I recommend that these
trails remain closed to bicycle and equestrian use.
Past closures and new closure recommendations are outlined on the
attached chart. An asterisk identifies the new closures .
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS
(See definition of "Seasonal" and "Interim" below.)
Proposed Closure
Preserve Trail Bicyclists Equestrians Concerns
1) Skyline Ridge Horseshoe Lake area Interim Interim Constructed to a four-foot average width.
trails Permanent status pending adoption of Trail Use
guidelines. Alternate routes available.
Skyline Ridge Trail Interim Interim Constructed to a four-foot average width.
Alpine Pond to Horseshoe Interim Interim Permanent status pending adoption of Trail Use
Tree Farm to Long Ridge* Interim Interim guidelines. Alternate routes available.
2) Rancho San Antonio Black Mountain Trails
a) New Alignment Interim Open Constructed to a four-foot average width with
occasional pullouts. Very steep grades remain
on PG&E road sections of trail. Permanent
status pending adoption of trail use
guidelines.
c) Farm Bypass/ Interim Open Open to equestrian use in the Spring of 1992,
Coyote Trail subject to adequate compaction over winter.
Permanent status pending adoption of trail use
guidelines.
3) Long Ridge Peters Creek Trail Seasonal Seasonal Currently very popular with mountain
bicyclists. Tread can get very muddy during
wet conditions. Very few closures ever
actually implemented. Anticipate closures
during and immediately following heavy
rainfall.
9) Purisima Creek Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly
susceptible to damage. Trail tread restoration
planned for fall. Seasonal closure may be
extended to insu[[e full compaction of repaired
sections. Alternate route available.
Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with
poor line of sight and some very steep side
slopes. Majority of trail offers no room for
passing. Alternate route available.
5) Pulgas Ridge Geraci Trail Interim Interim Constructed to a three-foot average width.
Permanent status pending adoption of Trail Use
Guidelines.
6) Monte Bello Skid Road Trail to Canyon Seasonal Seasonal Currently very popular with mountain
Trail* bicyclists and equestrians. Although rainfall
Permit lot to Skid Road last winter was relatively low the trail tread
Tail* Seasonal Seasonal remained very muddy until March. The shaded
canyon environr. nt prevents the tread from
drying through the winter season. Alternate
routes available.
7) Russian Ridge Ridge Trail* - Seasonal Seasonal New construction. Unstable trail tread highly
South of CalTrans susceptible to change. Constructed to average
vista point five-foot width. Alternate route available.
*New closures
SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction
presents serious concern over public safety and potential resource damage, usually
between the months of November and April.
INTERIM CLOSURE: Closed temporarily due to primary concern over public safety during
the period of time required for the preparation of the Trail Use Policies and
Guidelines.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Beard of Directors
FROM: H. Grench , General Manager
DATE: December 4 , 1992
SUBJECT: F. Y. 1 .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE ON INTENTION TO AMEND CONFLICT OF INTEREST CODE
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Notice is hereby given that the Midpeninsula Regional Open Space District
intends to amend its Conflict of Interest Code. The proposed amendments are:
1. Designated Positions
The following designated positions shall be specified in the Code: Board
Members, General Manager, Legal Counsel, Controller, Assistant General
Manager-Land Acquisition Manager, Planning Manager, Operations Manager, Public
Affairs Manager, Administrative Services Manager, and Consultant. The
positions of Land Manager and Assistant General Manager that are currently
included in the Code shall be deleted.
2. Inclusion of Consultant Disclosure Category
A consultant disclosure category shall be included in the Code. Consultant
shall be included in the list of designated employees and shall disclose
pursuant to the broadest disclosure category in the Code subject to the
following limitation: The general manager may determine in writing that a
particular consultant, although a "designated position, " is hired to perform a
range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements of the Code. Such written
determination shall include a description of the consultant's duties and,
based upon that description, a statement of the extent of disclosure
requirements. The general manager's determination is a public record and shall
be retained for public inspection in the same manner and location of the
Conflict of Interest Code.
Copies of the proposed amendments are available to all interested persons and
may be obtained by writing the District Clerk, Midpeninsula Regional Open
Space District, 330 Distel Circle, Los Altos, California 94022-1404 or
calling (415) 691-1200.
The Board of Directors of the Midpeninsula Regional Open Space District shall
hold a public hearing, beginning at 7:30 P.M. on Wednesday, January 27, 1992,
at the District office, 330 Distel Circle, Los Altos, to consider the proposed
amendments. If unable to attend the public hearing, members of the public may
submit written comments about the proposed amendments to the District Clerk
prior to 7:30 P.M. , Wednesday, January 27, 1992 for consideration at the
public hearing.
Inquiries concerning the proposed amendments may be directed to District Clerk
Jean Fiddes at (415) 691-1200. The District has prepared a written
explanation of the reasons for the designations and the disclosure
responsibilities and has available all of the information on which the
proposal is based.
Jeag H. Fiddes, District Clerk
Date
To: Board of Directors
From: H. Grench, General Manager
Subject: Board Committees
Date: December 2 , 1992
This report has been prepared in advance to facilitate review and
membership assignments to various Board committees . The Budget
Committee needs to be appointed at the first meeting in January;
other committee appointments will be made at the second meeting
in January.
AGENDA ITEM
Appointment of Board Committees for 1993-1994
GENERAL MANAGER ' S RECOMMENDATIONS
1 . Officially disband the Office Space Committee.
2. Assign ad hoc committees as desired.
3 . Clarify who is chair of each committee , including the Budget
and Legislative Committees.
Discussion: Your Rules of Procedure call for the President to
appoint , with consent of the Board, all committees of the Board.
Budget Committee members are appointed by the new elected Board
president at the first meeting in January. Appointment changes
in other committees have historically been made at the second
meeting in January.
Attachment A details the status and composition of current Board
committees.
Committee member attendance at committee meetings is compensable,
according to your Rules of Procedure, unless the Board indicates
otherwise. Compensable and non-compensable committees are noted.
In past years , the president has requested that each committee
appoint a chair. It is helpful to have a chair for conducting
committee meetings and for a specific Board-staff contact between
meetings .
ATTACHMENT A
1992 BOARD COMMITTEES
Standing Committees:
Budget Committee (compensable) : TO BE APPOINTED AT FIRST MEETING IN JANUARY
G. Babbitt (1992 Treasurer)
T. Henshaw
R. McKibbin (appointed to replace K. Duffy 10/14/92)
(H. Grench, staff representative)
Legislative Committee (compensable) :
B. Crowder
N. Hanko
T. Henshaw
(H. Grench, staff representative)
The purpose and functions of this committee are set forth in detail in
the Policy on Legislative Committee adopted on August 10 , 1977 and in
Policies for Handling Legislative Matters, adopted on July 25, 1979 .
Current Ad Hoc Committees:
Trails Policy Committee (compensable) :
B. Crowder
N. Hanko
R. McKibbin
R. Bishop (alternate)
(D. Woods , staff representative)
This committee is completing its work on defining issues and problems
and preparing trail use policies for your consideration and approval .
In October 1990 you charged the committee with continuing to review
the trail guidelines and returning at a future date with
recommendations for their adoption.
Office Space Committee (compensable) :
R. Bishop
K. Duffy
T. Henshaw
(C . Britton, staff representative)
This committee was involved in the selection of an architect and
review of plans and specifications for the building. This committee
was continued until the move to 330 Distel Circle. This committee ' s
work is completed and the committee can be disbanded.
Finance Committee (compensable) :
R. Bishop
N. Hanko
R. McKibbin
(H. Grench, staff representative)
This committee was established to examine the feasibility of a
supplemental funding measure.
Dog Committee (compensable) :
R. Bishop
K. Duffy
G. Babbitt
(J. Escobar, staff representative)
The Board has charged the committee with continuing to meet and
returning to the Board with a general policy concerning dogs on
District preserves for review and consideration.
Picchetti Winery Restoration Review Committee (compensable) :
R. McKibbin
(R. Anderson, staff representative)
R. Stortz is currently representing himself . The committee should
Continue in existence until all issues are resolved.
Thornewood Restoration Review Committee (compensable) :
B. Crowder
(R. Anderson, staff representative)
The committee should continue in existence until all issues are
resolved.
Fremont Older Adobe Restoration Review Committee (compensable) :
R. McKibbin
(R. Anderson, staff representative)
The committee should continue in existence until all issues are
resolved.
Docent and Staff Recognition Committee (non-compensable) :
G. Babbitt
B. Crowder
This committee plans a docent recognition event in the spring and a
staff recognition event in the fall .
Twentieth Anniversary Committee (compensable)
G. Babbitt
B. Crowder
N. Hanko
(M. Smith, staff representative)
This committee was created to make recommendations to the Board
regarding Twentieth Anniversary events . The committee should continue
in existence through the District ' s 20th year (November 1993) .
W
Gift Policy Committee (compensable)
G. Babbitt
B. Crowder
N. Hanko
(C. Britton , staff representative)
This committee was created to review and revise memorial and
commemorative gift policies in cooperation with a Peninsula Open Space
Trust committee. The committee should continue in existence until it,
gives its final recommendations to the Board.
Bay Area Ridge Trail Council (compensable)
R. Bishop
(M. Gundert , staff representative)
The Board appointed its representative on the Council, on January 22,
1992.
Prepared by:
Deirdre Dolan, Administrative Analyst
Contact Person:
Herbert Grench, General Manager
/Com
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
TO: All MROSD Staff
FROM: B u c k y Mace
i
SUBJECT: Pending Auction of Surplus Land
DATE: December 1 , 1992
The District plans to sell , at public auction, two parcels of
land in the Town of Woodside , as described in the attached
material . We will post "For Sale" signs on the property, and
advertise the auction in several local newspapers .
We want you to be aware of these plans , and feel free to provide,
copies of the material to interested parties you may encounter .
Either Craig or T are available for additional information about
the sale .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF PUBLIC AUCTION
VACANT RESIDENTIAL LAND
The Midpeninsula Regional Open Space District is proposing to
sell at public auction two vacant parcels of land (Parcel T
comprising appro%imately 35 . 553 acres and Parcel II 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 term.,; of the sale is
attached .
if you would like additional information and a bid package,
please contact:
L. Craig Britton, Assistant General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos , CA 94022
(415) 691-1200 , FAX (415) 691-0485
TEAGUE HILL SITE SALES
GENERAL INFORMATION
Assessor ' s Parcel 'N',umber : 072-100-02 (portion)
Legal Description : available on request
Size : Parcel 1 35 . 553 , acres more or less
Parcel !1 35 . 983 , acres more or less
Improvements : none
Zoning : sCP-10 (10 acre minimum)
Zoning Jurisdiction: Town of Woodside
,Minimum Bid : Parcel 1 , $1 , 500 , 000
Parcel IT , $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 CT & F
Telephone - Pacific Bell
Sewer - none
Access : Parcel I , Pinto Way
Parcel IT , Summit Springs Road
Title Condition: Preliminary title report available on request
Terms of the Sale : Attached (over)
TEAGUE HILL SITE SALES
TFR`IS OF SALE
Auction Date April 14 , 1993
Minimum Bid Parcel T , $1 , 500 , 000
(One Million , Five Hundred Thousand Dr-)Ilars)
Parcel TT , $2 , 000 , 000
(Two Million Dollars)
Deposit $50 , 000 on day of a-tiction , increase to 10
percent of purchase price by May 5 , 1993 .
Balance Due Balance of Purchase Price is duce or,
June 23 , 1993 .
Escrow To be opened by buyer at a title. (--,oilipany of
bliver ' s choosing
Close of Escrow No later than June, 30 , 1.993
Escrow Fees/Transfer Tax All fees to be paid by buyer .
Default Tf the buye�r defaults in the purchase
transaction; $50 , 000 will be retained as
liquidated dartiages .
Commission The District will not pay any type of
commission or finder ' s fee .
TEAGUE HILL SITE SALES
TERMS OF SALE
Auction Date April 14 , 1993
Minimum Bid Parcel 1 , $1 , 500 , 000
(one Million, Five Hundred Thousand Dollars)
Parcel 11 , $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
buver ' s choosing
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 .
SITE MAP
MIDPENINSULA REGIONAL OPEN u
SAN FRA.\'CISCO
SPACE DISTRICT SURPLUS
LANDS : WOODS I DE, CA. al
— IxSIOAK UnO..na.• \ .' \ -r.. 1. ��� ° rl • _I Y � Y. f ur.Cw °n..M , f\�w. ,
_ EDGE1M000 3- - �) 6 s •I . _ .'yy ry
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\"'I PAAX
F-- -_ ��._. ..'`•�" � I rr J '� r� � j.... fat• � 4 s{} �-y �i
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f . A)��,. ��; �+va��� � ���ti rn Y,�,r\tF���d� � � �� � tom` ,}' • i
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GAME REFUGE ( �' �•` b a(\. o .mow+Et airouA
T LMEAALD\ SLVD p G
IC-
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CANADA i
♦r� r) COLLEGE �ilk
\
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+ �wI
Is
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ctta MD ♦r ''yDSOt { •Tu4y ` .! ! to
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PER:
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PARK :_•l /_ ^��/ ', ,� _ 4
MWPE NINSULA REGIONAL OPEN SPACE DISTRICT
Teague Hill Open Space Preserve
It
KINGS MOUNTAIN ROAD :
-N
A-
HUDbART COUNTY PAcD)1kC-
-rA
P URISILiA CREEK REDWOODS
V
OPEN SPACE PRESERVE ;,
"T
4� �:;:: r 2pf}C3 h;�60i t PARCEL ONE
PARCELTW
-71
_ ��` ': � �f(,.,� I� j �1, �"'�� �f'�` 1/ /
MATEO COUNTY
X.
11L.FING & HIKING
TRAIL�2!�i
W.
SKYLINE BU
qw-
---L CORTE DE MADERA pkf
€ \. \ J / s,;
)PEN SPACE PRESERVE
SKEGGS POINT
WUNDERLICH,'
A C ,
C COUNTY PARKV
Vx ki
. . ........
NOT
----------
1/2 Mi-�' OCTOBER 4, 1991'
E T O 14� �O, ! D
,
Teague hill Open Space Preserve �
A
`��S"%"ELPF:.;:vr% .t Y':-S?•�'it: :t.�fi•'i:; _ '�T��� 7 L�.� l �/.
, r
MOUNTAIN ROAD
KINGS N D
7"l
...:.. ..:. �' y . ._. _._. :.—�-- --'d.. 1. ....:�•;�r.� > - �r G;.>-. 4 ���✓-'
UDDART COUNTY
•.. � hd
z.:....;:... . .... I w "d t
_PURISIMA CREEK REDWOODS
OPEN SPACE PRESERVE �� � '` .N' _
Ilk
c- 11
,� ✓� tiC �1 % — f 1 fib \it ' v.
�� v v/ �� • ��-66
•,;;i..w, ,C'�i!•i�!.!}1.'1,y� 1� ��.. �\\ �•�� ' ! �\///yy 1 �.�.� ��� \ �'.s a:X w! !.'
•
PARCEL ONE
1 ,
PARCEL
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Hill, �\ -�\ r� `` J/ ` �`-"-``''— \✓; '%- `� 1 ) 'v'
t` SAN MATEO COUNTY r ;I� ( S > �" �\ 1
{. ' ����`_`� � ` 1,`, f
RIDING & HIKING TRAIL[,....,., -
{ ? VD. b`
BL :f J
E �-
SKYLIN
,s
Q
L.
_L CORTE DE MADERA
)PEN SPACE PRESERVE, f
f E :1 SKEGGS POINT / r
C.. [ , �JUNDERLICH,'. '`}
s �' l< ; s ` r COUNTY PARK
0 Q
f
pT1/2 Mi. ,OCTOBER 4, 1991
TO B E SOLD
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, the General Manager, or other
authorized officers, 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 riiust 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 niay 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.
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, the
General Manager, or other authorized officer will, call for
BTD PROCFDURFS (continued)
oral bids . Tf any written proposals are received , the
opening hid must exceed by five percent ( 5%) the highest
sealed proposal . Tf no written proposals are received ; the
opening bid most he at least one Million , Five Hundred
Thousand Dollars ($1 , 500 , 000) for Parcel T and Two Million
Dollars ($2 , 000 , 000) for Parcel TT . The sequence of the
auction will he Parcel T followed by Parcel TI .
7 . After the call for oral bids , the Board of Directors , the
General Manager , or other authorixed officer may accept the
highest responsible proposal or bid . Tf an accepted offer
is an oral offer , the successful bidder will he required to
sign the Purchase and Sale Agreement in the form attached as
Fxhibit B to the Resolution of Tntention (Offer to Purchase
and Purchase and Sale Agreement ) immediately following tV-
auction .
8 . Unsuccessful bidders will receive their deposits back at the
conclusion of the auction .
9 . Tn the event the successful proposer or bidder refuses to
execute the Purchase and Sale Agreement at the conclusion of
the auction , be/she shall forfeit the right to purchase the
property and the Board , the General Manager, or other
authorized officer 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)
BID PROCEDURES (continued)
oral bids . If any written proposals are received , the
opening bid must exceed by five percent (5%) the highest
sealed proposal . If no written proposals are received; the
opening bid must be at least One Million, Five Hundred
Thousand Dollars 1$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 , 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, the General Manager, or other
authorized officer 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) 691-120 0 -
(415) 691-0485 (FAX)
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 19, 1992
Ms. Marilyn J. Walter
20 Coyote Hill
Portola Valley, CA 94028
Dear Ms. Walter:
Thank you for your letter regarding the October 26 meeting of the
Trail Use Committee. Your input is appreciated and your letter is
being referred to the Trail Use Committee for their review.
In 1988, a Board committee comprised of three - board members was
formed to develop trail use policies and guidelines. The process
of formulating trail use policies and trail use guidelines has been
ongoing since 1988 and has involved numerous public workshops and
meetings.
The District's Board of Directors adopted the Trail Use Policies in
November 1990. Since that time, the Trail Use Committee has
concentrated its efforts on developing guidelines which will assist
staff in implementing the policies. The Trail Use Committee hopes
to present the guidelines to the Board for adoption in the near
future.
Your comments regarding trail width will be considered at the next
Trail Use Committee meeting that will be held at the District
office at 7 : 30 p.m. on Monday, November 30, 1992 . We encourage you
to attend.
sincerely,
Robert McKibbin
President, Board of Directors
RM/mg/ej
cc: MROSD Board of Directors
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 Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Cover Sheet for Scanning by ECS
Originating Department General Manager
Laserfiche Template Board of Directors
Template Fields
Document Date: See folder cover
Document Type: Agenda Packet
Preserve Name:
Keywords(no more than 4):
Project Name:
Project Number:
Vendor or Other Party:
Name (First):
Name (Last):
Address:
APN Number:
Document No.: See folder cover
Additional Field:
Additional Field:
Additional Field:
Additional Field:
OPIUM# Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 24 , 1992
Dina Stansburv, President
Board of Directors
Monterey Peninsula Regional Park District
P.O. Box 935
Carmel Valley, CA 93924
Dear President Stansbury and Directors:
Although a prior commitment precluded my attendance Saturday,
I 've heard that your district organized an excellent "Not-So-
Annual" conference. On behalf of our districts ' Board of
Directors , thank you for hosting the meeting. We look forward to
continuing to cooperate with you in many ways in the future .
Sincerely,
Robert McKibbin, President
Board of Directors
RM/dmz
cc: MROSD Board of Directors
Open Space . . . for room to breathe - 20th Anniversary - 1972-1992
330 Di�tel Circle Los Altos, California 94022-1404 - Phone: 415-691-1200 - FAX:415-691-0485 E)
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop