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HomeMy Public PortalAbout19930210 - Agendas Packet - Board of Directors (BOD) - 93-04 Open Space r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-04 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California February 10, 1993 (7:30) * ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- R. McKibbin APPROVAL OF MINUTES *** January 27, 1993 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) PUBLIC HEARING (7:45). 1. Amendments to Conflict of Interest Code -- J. Fiddes Resolution Amending Conflict of Interest Code BOARD BUSINESS (7:50) 2. Final Adoption of the Preliminary Use and Management Plan for the Vidovich Property Addition to Rancho San Antonio Open Space Preserve -- C. Britton (8:00) 3. Review of Peninsula Open Space Trust's Proposal for Memorial and Commemorative Sitting Areas -- R. Anderson *** 4. Amendment to the Use and Management. Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve to Permit the Use- of an Existing Structure as a Ranger Residence -- J. Escobar *** 5. Signatories for Entering District's Safe Deposit Boxes -- J. Fiddes Resolution Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 0 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-03 REGULAR MEETING BOARD OF DIRECTORS January 27 , 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:32 P.M. Members Present: Pete Siemens, Nonette Hanko, Wim de Wit, Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder. Personnel Present: Herbert Grench, Craig Britton, Jean Fiddes, John Escobar, Randy Anderson, Malcolm Smith, Mary Gundert, and Emma Johnson. II. ORAL COMMUNICATIONS H. Haeussler, 1094 Highland Circle, Los Altos reported that he had found a fanny-pack on Windy Hill Open Space Preserve and knows of no District policy regarding lost and found items. He gave the item to the Board president. III. ADOPTION OF AGENDA N. Hanko requested that the letter to Daniel Bernstein be removed from the consent calendar, B. Crowder requested that the minutes of January 13 , 1993 be removed from the consent calendar, and P. Siemens requested the Property Management Agreement with Peninsula Open Space Trust agenda item be removed from the consent calendar. Motion: R. McKibbin moved that the Board adopt the agenda as revised. G. Babbitt seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR Motion: R. McKibbin moved that the Board adopt the consent calendar as amended, including minutes of December 9, 1992 and January 11, 1993; response to the written communication from Dorrado Federico, 2000 Fairway Drive, Halfmoon Bay dated January 14, 1993; Annual Review of the Relative Site Emphasis Plan and Schedule for Use and Management Plan Reviews; Plan for Compliance with the 1990 Americans with Disabilities Act; Resolution 93-02, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto (Purisima Creek Redwoods Open Space Preserve - Lands of Peninsula Open Space Trust) ; and Revised Claims 93-02. G. Babbitt seconded the motion. The motion passed 7 to 0. i Meeting 93-03 Page 2, V. APPROVAL OF MINUTES January 13, 1993 B. Crowder noted that Harry Haeussler's address was incorrectly listed in Portola Valley rather than Los Altos on page 3 and the informational reports on page 7 listed Anna Eshoo as a senator rather than congresswoman. Motion: R. McKibbin moved the approval of the minutes of January 13, 1993 as amended. G. Babbitt seconded the motion. The motion passed 7 to 0. VI. WRITTEN COMMUNICATIONS N. Hanko asked that the response to Daniel Bernstein's letter regarding allowing dogs on District trails be revised to delete all but the first two sentences of the second paragraph. She and G. Babbitt volunteered to redraft the letter. B. Crowder noted that a copy of the Trail Use Guidelines should be included with the response to the Federico letter. Motion: T. Henshaw moved the approval of the written communications as amended. R. McKibbin seconded the motion. The motion passed 7 to 0. Vii. PUBLIC HEARING Amendments to Conflict of Interest Code (Report R-93-17) President B. Crowder opened the Public Hearing at 7:41 P.M. J. Fiddes reported that the District is required to review its Conflict of Interest Code and that proposed changes include amending designated positions to reflect the staffing reorganization and adding a consultant disclosure category. She said the notice of the public hearing has been posted for 45 days as required by law and that no member of the public had commented on the proposed amendments nor requested to address the Board at the Public Hearing. President B. Crowder asked for public comment. There was none. Motion: R. McKibbin moved that the Public Hearing be closed. P. Siemens seconded the motion. The motion passed 7 to 0. N. Hanko suggested that all consultants be required to file a Conflict of Interest Code. Discussion focused on what type of consultants should be required to file. The Board concurred that more information is needed regarding the general manager's discretionary powers to determine which consultants for the District shall file and how exemptions might work. Motion: P. Siemens moved that the Public Hearing be reopened. N. Hanko seconded the motion. The motion passed 7 to 0. Motion: T. Henshaw moved that the Board continue the Public Hearing to the Board meeting of February 10. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 93-03 Page 3 VIII. BOARD BUSINESS A. Citizens' Presentation on the Current Status of the Proposed Blue Oaks Subdivision in Portola Valley (Report R-93-23) Anna Loy Nikkum, president of the Los Trancos Woods Community Association and acting chair for the Committee to Save the Mariani Ranch, said the ranch is a key piece in the land acquisition puzzle and the group would like to persuade the District to add the ranch to its list of acquisitions. She proposed a working partnership with the District to acquire the land. Linda Drey Nightingale explained the impacts to the ecosystem if development is allowed to take place on the property, and Gale Smith proposed that the Committee to Save the Mariani Ranch work with the District. Gale Smith and Robert Zimmermann of Los Trancos Woods said the only opposition to preserving the land as open space that they are aware of is from the developer. N. Hanko noted that the residents of Los Trancos Woods live in an unincorporated area of San Mateo County and that the property is in the Town of Portola Valley limits. She explained that the District has adopted policies to acquire only land outside urban service areas of cities and towns. B. Crowder added that, in addition to the master plan policy, the District is in a difficult financial situation and available funding is necessary for commitments already made by the District. She said that the District could not offer to buy the property but could make suggestions as to what might be tried. T. Henshaw suggested that B. Crowder work as liaison with the group and staff. H. Grench said the District has a lot of knowledge about financing and could be helpful to the group as to what may be possible. P. Siemens suggested that, since the property is in the Town of Portola Valley limits, the group may want to discuss a potential assessment district with the Town or San Mateo County. B. Acceptance of a Gift to Fund Construction of the MonteBello Open Space Preserve Disc Line Bypass Trail (Report R-93-21) M. Gundert showed the location of the proposed trail, noting that District funding had been eliminated during budget revisions in December 1992. She said Noel and Karen Calvin, neighbors of the preserve, have offered to fund the construction cost up to $10, 000. Motion: R. McKibbin moved that the Board accept and acknowledge the gift to fund construction of the disc line bypass trail and reinstate the project. N. Hanko seconded the motion. The motion passed 7 to 0. C. Trail Use Guidelines and Mitigation Measures (Report R-93- 20) Motion: R. McKibbin moved that the Board adopt the Trail Meeting 93-03 Page 4 Use Guidelines and mitigation Measures contained in report R-93-10 and as amended in report R-93- 20. G. Babbitt seconded the motion. The motion passed 7 to 0. D. Stratecfic Plan for the Nineties (Report R-93-14) H. Grench reviewed the background and purpose of the Strategic Plan for the Nineties. He said the plan was presented to the Board in May 1991 and later presented to the Board in its present form in July 1992. He continued that the initial state budget crisis interrupted focus on the plan, but that it is now time to renew efforts to complete a long-term strategic plan document. Discussion focused on whether to modify the document because of the budget crisis or adopt it in its existing form and whether to include other documents such as the action plan, site emphasis plan, and the plan for compliance with the 1990 Americans with Disabilities Act. N. Hanko requested two changes be made in the Plan. She said the language should be more specific regarding assessment districts and proposed that option G on page two of the Strategic Plan be amended to reflect that assessment districts would not be considered unless petitions are submitted by the affected citizens to form an assessment district. N. Hanko stated that an overlaying policy objective for the entire Strategic Plan of protecting and defending the District's existing property tax revenue should be included. G. Babbitt noted that the District has already launched into certain of the activities and suggested that there needs to be some consolidation and some understanding of the direction being pursued. She said she is concerned about the implementation and added that the site emphasis plan, the public affairs plan, and the action plan incorporate Strategic Plan activities, and that all the documents be integrated. T. Henshaw suggested that a workshop be held to discuss integration and implementation. There was consensus that a workshop is needed, and the timing of a workshop was discussed, possibly in September after the budget crisis is better understood or resolved. Motion: P. Siemens moved that the Strategic Plan be adopted with an added goal overlaying all the Strategic Plan to "protect and defend existing property tax revenue from reduction by the state" and that Action G under Basic Policy objective #1 be amended to read: "Pursue alternative methods, such as fundraising, cooperative projects, and joint management agreements. Consider assessment district petitions where there is unusually high local benefit and support in order to raise an additional $5 million. " T. Henshaw seconded the motion. The motion to adopt the Strategic Plan as amended passed 7 to 0. Meeting 93-03 Page 5 E. Final Adoption of-the- Public Affairs Plan (Report R-93-16) M. Smith reported that the Public Affairs Plan is flexible and may be altered with the Board's consent, to reflect changing circumstances. He said three levels of implementation were developed and the present plan is mid-level implementation. N. Hanko said neighborhood organizations and homeowners groups should be included in the list of organizations.,. B. Crowder stated that she had non-substantive wording changes that she would relay to M. Smith. Motion: R. McKibbin moved that the Board approve the Public Affairs Plan with minor changes. G. Babbitt seconded the motion. The motion passed 7 to 0. F. Proposed Property Management Agreement with Peninsula Open Space Trust for Former Liles Property (Report R-93-15) P. Siemens questioned whether the public would be allowed on the property. C. Britton replied that the District will not encourage the public to trespass to reach the property, which is typical of other management agreements with POST. Motion: P. Siemens moved that the Board authorize the Board President to sign the Liles property management agreement with Peninsula Open Space Trust for the former Liles property. T. Henshaw seconded the motion. The motion passed 7 to 0. G. Appointment of Board Committees for 1993-1994 (Report R-93-18) P. Siemens suggested that several committees could be combined under an operations Committee that could consider trail and dog issues, various enterprise contracts, and perhaps even gift polices. N. Hanko agreed that dog and trail issues could be combined as well as Picchetti, Fremont Older, and Thornewood oversight committee. She suggested that P. Siemens place the matter on a future agenda for Board consideration. R. McKibbin requested a straw vote on keeping the Trails Committee. The vote was five yes and two no. Motion: . N. Hanko moved that the Board disband the office space committee and approve the assignments to ad hoc committees as presented by B. Crowder. T. Henshaw seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS N. Hanko stated that H. Grench reported to the Finance Committee about a possible new assessment district type of legislation which would be a positive type of assessment district, and the committee has directed staff to continue working on language and sponsorship for legislation to allow such a district. She said that M. Smith had given the committee a copy of the proposed public opinion poll and that the committee asked staff to return to the committee with a budget on implementing various funding options. G. Babbitt said the Gift Policy Committee wanted to give other Board members the opportunity to be involved in site naming. She Meeting 93-03 Page 6 noted a recent article in the San Jose Mercury about volunteerism in San Juan Bautista in its struggle with state budget cuts. B. Crowder said she had attended the memorial service for Ripp King, producer of the District's 20th anniversary public service announcements. T. Henshaw reported that the Legislative Committee had a meeting with Peninsula open Space Trust's Board of Directors and District lobbyist Ralph Heim to discuss the District's financial situation. She said a follow-up meeting is planned to draft language and process for contacting legislators. C. Britton distributed materials being mailed to potential interested parties for the Teague Hill land auction. He said over 2000 packets were mailed. R. Anderson said he spoke against the San Mateo County density credit transfer plan along with many others but the Planning Commission unanimously voted for its approval. He said staff is working on two ISTEA grant applications. J. Escobar reported on a solo bicycle accident at Monte Bello Open Space Preserve. He said he would show a video after the meeting that was shot at Purisima Creek Open Space Preserve and made for a health plan. H. Haeussler, 1094 Highland Circle, Los Altos said that the road problem on Eagle Trail is not the one that is going to be repaired. He also questioned whether the amount of legal fees paid by the District was excessive. X. CLOSED SESSION C. Britton announced that personnel matters and labor negotiation matters would be discussed in Closed Session. He announced that land negotiations to be discussed were Santa Clara County assessor's parcel numbers 558-01-023 and 562-03-001, owner General Convention of New Jerusalem, negotiated with Edwin Capon; Santa Clara County assessor's parcel number 562-06-011, owner Linda Johnson et al. , negotiated with Gary Beck; San Mateo County assessor's parcel number 067-208-010, owner Peninsula Open Space Trust, negotiated with Audrey Rust. The Board recessed to Closed Session on land acquisition, labor negotiations, and personnel matters at 10:05 P.M. XI. ADJOURNMENT The meeting was adjourned at 11:30 P.M. Emma Johnson Recording Secretary Claims No. 93-02 - Meeting 93-03 J Date: Jan. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description _ ------------------------------------------------------------------------------------------------ IIf'S2 159.78 Matthew Bender Resource Documents f. 3 601.25 Breon, O'Donnell, Miller Legal Services Brown & Dannis ~'r64 712.70 Business Services Network Mailing Services 665 26.25 State Board of Equalization Hazardous Waste Fee 1666 2,061.08 Callo Sign Ccmpany Signs 1667 429.44 Callander Associates Architectural Services--Windy Hill 63 220.00 Campbell's Towing Towing Service 39 7,700.00 Cannis Consulting Engineers Engineering Services 670 989.84 Cascade Fire Equipment Company Field Equipment -71 124.40 Clark's Auto Parts/Machine Shop Vehicle Parts 'f"72 41.00 Consolidated Electric Company Equipment Part : 73 1,168.00 Daily Jou�nal Corporation Real Estate Advertisanent {4 132.61 Design Concepts Hikes and Wallas Production. '5 224.90 Economy Business Machines Equipment Repair "15 56.98 Emergency Vehicle Systems Radio Maintenance 76 1,788.25 David B. Fisher Legal Services 677 75.78 Florentine Restaurant Local Meeting dense -678 2,285.00 Gateway 2000 Office Equipment 679 43.30 Gibson Studio Photo Enlargement -F t\, 240.28 Herbert Grench Out-of-Town Meeting menses ,1__ 2,416.00 Gross Door Hardware Sentronic Door Closelj 382 104.31 Mary Gundert Private Vehicle Ex-pence 1�83 346.15 The Home Depot Field Equipment acid Supplies 584 352.00 Honeywell, Inc. Burglar Alarm Maintenance 685 70.80 Jobs Available Subscriptions 686 351.35 Konica Business Machines Photocopier Maintenance Agreement 687 100.00 LaHonda Vista Water Company Water Service ?688 62.47 Lee & Associates Rescue Rope '689 464.79 Ligtelyn Communication Repeater Installation and Radio Repair 690 200.00 Lopez Gardening Service Gardening Service '691 534.00 Los Altos Garbage Company Dumpster Rental 392 75.00 MicroAge Computers Equipment Repair ' 693 106.19 Moffett Supply Company Janitorial Supplies �' 94 32,445.77 Noble Ford Tractor Tractor 95 18.03 Northern Energy Propane Fuel :m96 364.79 The Office Depot Office Supplies ':�697 1,118.75 Orchard Supply Hardware Field Supplies and Equipment 98 058.90 Pacific Bell Telephone Service 25.83 Page and Turnbull, Inc. Architectural Services--Picchetti > 00 1,227.56 PIP Printing Brochure Printing "'�01 99.31 Rabbit Copiers Equipment Parts '02 65.00 Payne Water Conditioning Water Service A03 268.24 Radio Shack Amplifier and Speal rs--Beard Room �704 141.21 Regal Dodge Equipment Warranty 727.33 Roy's Repair Service Vehicle Repairs and Maintenance .s. 86.33 Safety Kleen Solvent Tank Service Claims No. 93 02 Meeting 93-03 Date: Jan. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description --------------------------------------------------------------------------------------------------- 3707 925.52 Santa Clara County Sheriff's Patrol Service Department 3708 5,263.24 Seafirst Bank Note Paying Agent 3709 681.15 John Shelton, Inc. Polydrain System 3710 840.00 E. R. Sheehan Equipment Rental and Trail Construction 3711 3,450.00 George Si.pel Associates Consulting Services 3712 1,300.00 Special District Board MarCament Seminar Registration--P.Siemens and 3713 Institute W. de Wit 3714 574.00 Therma Corporation Heating System Repairs 3715 156.77 TLC Services Resource Documents 3716 173.20 University Art Center Office Supplies 3717 96.26 Vallen Safety Supply Company Safety Supplies ?718 68.03 Valley Tool & Manufacturing Equipment Parts Campany -.-0 130.36 Wetlands Research Associates, Inc. Consulting Services--Ravenswood 3720 840.00 Whitmore, Johnson & Bola G Legal Services 3721 743.47 Zieman Manufacturing Ccmpany Field Equipment 3722 1,301.70 TRW-Redi Property Data Microfische Property Data 3723 107.79 Petty Cash Local and Out-of-Tour. Meeting •E�pense, Office Supplies, Film, Volunteer Expenses and Private Vehicle Expense I i Open Space R-93-30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-04 February 10, 1993 AGENDA ITEM Public Hearing--Amendments to District's Conflict of Interest Code GENERAL MANAGER'S RECOMMENDATION ` r�' 1. Adopt the attached resolution amending the District's Conflict of Interest Code. 2. If the Board desires, direct the General Manager to report back to the Board, after the code amendments have been approved by the Fair Political Practices Commission, on the process to be used in determining whether a particular consultant is required to comply fully with the disclosure requirements of the code. Discussion: You held a Public Hearing at your January 27, 1993 meeting to consider the proposed changes in the District's Conflict of Interest Code required in accordance with Government Code Section 87306.5 (see report R-93-17). You continued the Public Hearing to your meeting of February 10 to allow the district clerk to contact the Fair Political Practices Commission (FPPC) in Sacramento for more information about the consultant disclosure category and the commission's recommended wording that the general manager may determine in writing that a particular consultant 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. According to the FPPC, a consultant is defined as any natural person who provides under contract, information, advice, recommendation or counsel to an agency. While the commission endorses the use of a specialized disclosure category that provides that the disclosure required by consultants shall be determined on a case-by-case basis by the chief executive officer for an agency (the general manager in the District's case), you can elect to amend the code to have all consultants complete a conflict of interest statement. The position of consultant is included in the list of designated employees because the position may entail the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest. By participating in the making of a decision, the commission means: (1) Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or (2) Advises or makes recommendations to the decision-maker, by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the R-93-30 Page two exercise of judgment on the part of the employee and the employee is attemyling to influence the decision. (Emphasis added by the Fair Political Practices Commission). I recommend that the Board adopt the wording proposed by the Fair Political Practices Commission for the consultant disclosure category. The District does contract with consultants who perform a range of duties that is limited in scope and that does not have a material effect on any financial interest. Examples would include a consultant working with employees on team building or providing training in how to conduct effective meetings; a consultant working with staff on the alignment of a full access trail; and a consultant performing a vegetation study. Our concern with requiring all consultants to complete a conflict of interest statement is that some consultants, particularly on small jobs that have no material effect on any financial interest, may find the disclosure requirements to be onerous from a time or privacy standpoint and decline to work for the District. As noted in the above recommendation, I could report back to you, after the code amendments have been approved by the FPPC, on the process to be used in determining whether a particular consultant is required to comply fully with the disclosure requirements of the code. Prepared by: Jean Fiddes, District Clerk Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING CONFLICT OF INTEREST CODE WHEREAS, by Resolution No. 81-02 the Board of Directors of the Midpeninsula Regional Open Space District adopted a conflict of interest code pursuant to the Political Reform Act of 1974, and WHEREAS, Government Code Section 87306.5 requires the review of the District's Conflict of Interest Code, and WHEREAS, the District, in accordance with Commission Regulation 18750.1 (2 Cal. Code of Regs. Sec. 18750.1), has prepared code amendments, noticed affected employees and the public of its intent to amend the code, and conducted a public hearing to consider the amendments, NOW, THEREFORE, the Board of Directors of the Mid peninsula Regional Open Space District does hereby resolve to repeal Resolution No. 81-02 and adopt the amended Conflict of Interest Code as contained herein, to be effective upon the effective date of said new code. CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Political Reform Act, Government Code Sections 81000, to se ., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission had adopted a regulation, 2 Cal. Adm. Code Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Adm. Code Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Midpeninsula Regional Open Space District, except as provided below. Pursuant to Section 4(A) of the standard Code, designated employees shall file statements of economic interests with the agency. Upon receipt of the statements of the Board Members and General Manager, the agency shall retain the original of these statements in behalf of the Fair Political Practices Commission. Exception: The portion of land located within the District's acquisition planning area or within two miles used primarily as the residence of the designated position, including up to three acres in area surrounding such residence, shall not be considered an "interest in real property" for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX Assigned Designated Positions Disclosure Categories Board Members 1, 2, 3 General Manager 1, 2, 3 Assistant General Manager/Land Acquisition Manager 1, 2, 3 Planning Manager 1, 2, 3 Operations Manager 1, 2, 3 Public Affairs Manager 1, 2, 3 Administrative Services Manager 1, 2, 3 Legal Counsel 1, 2, 3 Controller 1, 2, 3 Consultant* 1, 2, 3 Disclosure Cate ones Category 1 Interests in real property are reportable interests if: A. The real property to which the interest pertains is located in whole or in part within the lane acquisition planning area as shown on the District's master plan, or within two miles of the area, or within two miles of any land which is contemplated for use by the District. B. The portion of land located within the District's acquisition planning area or within two miles, as hereinabove set forth, used principally as the residence of the designated position, including up to three acres in area surrounding such residence, shall not be considered an "interest in real property" for the purposes of this Code and need not be reported, but the rest of any such land shall be reported and its value declared. Category 2 A. Investments in any business entity of the type which, within the last two years, has contracted with the District to provide services, supplies, materials, machinery or equipment. B. Investments in business entities which engage in building construction or design within the District. C. Investments in business entities which engage in the business of brokerage, acquisition or disposal of real property within the jurisdiction. D. Investments in business entities of the type which engage in the preparation of Environmental Impact Reports and/or land appraisals. Category 3 A. Income from any source of the type which, within the last twelve months, has contracted with the District to provide services, supplies, materials, machinery or equipment. B. Income from sources which engage in building construction or design within the District. C. Income from sources which engage in the business of brokerage, acquisition or disposal of real property within the jurisdiction. D. Income from sources which engage in the preparation of environmental impact reports and/or land appraisals. *Consultant Disclosure Category *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 in this section. 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 c g g P I inspection in the same manner and location as this conflict of interest code. I I I 1 Open Space 1 R-92-28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-04 February 10, 1993 AGENDA ITEM Final Adoption of the Preliminary Use and Management Plan for the Vidovich Property Addition to Rancho San Antonio Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the revised Preliminary Use and Management Plan for the Vidovich addition to Rancho San Antonio Open Space Preserve, including the naming as contained in report R-91-118. 2. Reaffirm your intention to dedicate the property as public open space. DISCUSSION At your October 9, 1991 meeting you adopted a resolution authorizing acceptance of the purchase agreement for the Vidovich property addition (see report R-91-118 dated October 3, 1991). You also reaffirmed your tentative adoption of the Preliminary Use and Management Plan for the addition, including naming the property as an addition to-Rancho San Antonio Open Space Preserve and your intention to dedicate the property as public open space. (The original recommendations were included in report R-91-68, dated June 5, 1991). In accordance with your adopted Land Acquisition Notification Procedures, final adoption of the Preliminary use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the property closed January 5, 1993. On January 5, 1993 staff inspected the site for potential public safety hazards. The abandoned stable buildings located at the southeast corner of the property were identified as a potential public safety hazard. The preliminary use and management plan recommendations are revised to include demolition of the remaining buildings. The stable area will be signed "Area Closed" until the demolition is complete. The main patrol and trail route on the property follows the ridge and connects Rogue Valley with the Duveneck Windmill Pasture Area. Sections of this road are badly rutted and will require regrading and drainage repairs. An overgrown road leads from the western property boundary onto the Duveneck Windmill Pasture Area of the preserve. This road should be 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:fete Siemens,Robert McKibbin, Ieena Henshaw,Ginny Babbitt,Nonette[Ianko,Betsy Crowder,Wim de Wit 1 R-92-28 Page 2 reopened to improve patrol access between the core area of Rancho San Antonio Preserve and the Duveneck Windmill Pasture Area. Trail use on the property will be restricted to hikers, runners and equestrians to be consistent with the adjacent trails in Rogue Valley and Duveneck Windmill Pasture. Dogs and Bicycles will not be allowed on the property. The trails element of the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve is tentatively scheduled for your review spring of 1994. At that time trail use designations on the entire preserve, including the Vidovich addition, will be evaluated. A new preserve site map showing the Vidovich acquisition has been prepared. The site brochure and preserve entrance mapboard will also need to be revised to show the new addition and new trail connections. Staff met with residents of Olive Tree Lane at a neighborhood meeting on Saturday, January 30, 1993. Discussion focused on District access to the preserve via Olive Tree Lane. Staff presented gate and fencing alternatives for the end of Olive Tree Lane. Information about signing, trail use and ranger patrol on the property was also provided. Staff clarified that the District does not intend to encourage public access through this area. Several residents questioned the District's right to access the property by Olive Tree Lane. Staff will research this matter and respond to the residents before a District gate and fencing are installed. Staff will work with the residents to determine the location and style of fencing and gate to be installed at the end of Olive Tree Lane. Revised Preliminary Use and Management Plan Recommendations The following Preliminary Use and Management Plan recommendations reflect the changes discussed above and the exisiting recommendations contained in reports R-91-68 and R-91- 118: Signs: Install private property, preserve boundary and trail signs where appropriate. Install "Area Closed" signs around the remaining stable buildings. Roads: Maintain for patrol. Reopen the old road connecting Duveneck Windmill Pasture Area with the road along the ridge (estimated cost is $1200). Trails: Reopen; restore or realign eroded sections. Gates and Fences: Remove barrier fences and install pipe gates and split rail fencing where they block appropriate public access. i i R-92-28 Page 3 Cleanup: Demolish and remove the remaining stable buildings and associated debris near Rogue Valley (estimated costs are $10,000). Site Brochure and Entrance Mapboard: Revise to include the Vidovich addition. Prepared by: Sheryl Marion Cochran, Open Space Planner Contact person: Same as above. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-29 Meeting 93-04 February 10, 1993 AGENDA ITEM Review of Peninsula Open Space Trust's Proposal for Memorial and Commemorative Sitting Areas GENERAL MANAGER'S RECOMMENDATION Authorize staff to work with Peninsula Open Space Trust to implement the improvements contained in the attached proposal. DISCUSSION At your December 9, 1992 meeting you considered a report from the Gifts Policy Committee regarding policies related to site naming, gifts policies, and a Peninsula Open Space Trust (POST) memorial program. Attached to that report was a preliminary proposal from POST regarding memorial or commemorative sitting areas at four preserves. One of the recommendations contained in the report from the Gifts Policy Committee was for: District staff to be directed to review and analyze the attached proposal with POST, y rr including costs for development and maintenance,for final consideration by the Board prior to implementation. Planning and operations staff were given the opportunity to review and comment on the draft proposal. The comments were passed on to POST staff, who then incorporated them into the attached proposal. The revisions were relatively minor, with one exception. In the original proposal POST recommended a viewing platform near the vista point on the Stevens Creek Nature Trail at Monte Bello Open Space Preserve. That suggestion has been dropped. Sitting areas are currently proposed for three preserves: Purisima Creek Redwoods, Windy Hill and Skyline Ridge. Costs for all improvements will be covered by POST, including maintenance costs. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above l 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 ofOirectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette tianko,Betsy Crowder,Wirn de Wit PENINSULA OPEN SPACE TRUST Memorial and Commemorative Sitting Areas Purisima Creek Redwoods Open Space Preserve New native ferns Replacement Benches Redwoo d Trail ti•ti•ti•ti•ti•ti•ti•ti• j~f�f�r~f~f�f�f�f New native shrubs for screening Parking Area 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: • If possible, enhance area around benches with appropriate native plants and ferns sword ferns • Two benches would be provided and placed farther back in the area. One bench will replace the current bench. The plaque on this bench would be removed and placed on the side of the new bench. POST would have the benches made and will commit to their upkeep. • Replace donor "Thank you" sign with upgraded sign that is consistent with MROSD signage. Are other signs needed? ._ .___....,ri.•:' ...awi-_ _..'.Z._..a. .... .... a .r.c'•. .o.;se Srllb'ei'R�l.. ��af.:... .m^}:::.._. ..�'!.•�.�- POST Memorial and Commemorative Sitting Areas 2 Windy Hill Open Space Preserve xisting Bench New Bench . . . . . . . . . . . . . . wiidnowe-r:aroa : 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. 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. 10/22/92 POST Memorial and CommOrative Sitting Areas 3 Skyline Ridge Open Space Preserve sting Bench Nature Center ® #2 Wilflower Are`a:.^. Alpine Lake xisting Bench # Und`'''ass 1 . . igns Existing Bench Ptarkin:g: : : 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 interfere 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. 10/22/92 POST Memorial and Comme, Ative Sitting Areas 4 ICI • 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 We are making no suggestions at this time for a memorial area at Monte Bello. After the memorial areas are established at Purisima, Windy FEII and Skyline we will revisit the concept with the District to see if an area can be developed which meets POST's goals as well as those of MROSD. 10/22/92 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-25 Meeting 93-4 February 10, 1993 AGENDA ITEM Amendment to the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve to Permit the Use of an Existing Structure as a Ranger Residence GENERAL MANAGER'S RECOMMENDATION Amend the Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve to provide for the temporary use of an existing structure at the former Air Force base as a ranger residence. Discussion: At your June 28, 1989 meeting, you adopted the Interim Use and Management Plan for the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Visitor and site protection recommendations in the Use and Management Plan provided for continuing the existing caretaker arrangement, as well as implementing the supplemental patrol agreement with the Santa Clara County Sheriffs Department. Although a strong interest in establishing one or more ranger residences in Sierra Azul Open Space Preserve existed, no recommendation to establish a ranger residence was included in the plan. At the time, staff thought that other sites with more suitable structures would eventually be acquired in the area. Since the adoption of the 1989 Use and Management Plan, staff has reviewed every newly acquired structure in the area for potential use as a ranger residence. No suitable structures have been acquired. Staff is concerned about the absence of a regular uniformed presence in the area and the extended emergency response time. Also, some staff productivity is lost due to driving time. The almost daily patrols of the area require driving from the Foothills ranger office at Rancho San Antonio Open Space Preserve. Moreover, the current proposed budget reductions for the sheriff's supplemental patrol contract will result in an approximately forty percent reduction of service. Staff has identified a two-bedroom apartment in the building adjacent to the caretaker's house as the most suitable structure for a ranger residence. This is the same apartment that temporarily housed the family displaced from the Logan house by the Loma Prieta earthquake. The apartment would require approximately $3,000 in structural, plumbing, and heating repairs prior to occupancy. Funding is currently available in the appropriate budget categories. This recommendation is also consistent with the 1982 ranger residence plan, as well as all subsequent revisions recommending ranger residence locations south of Highway 17. 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 121 General Manager:Herbert Grench Board of Directors:Pete siemens,Robert McKibbin,Teena I enshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-93-25 Page 2 This recommendation is not a long-term solution to the ranger presence and emergency response needs of Sierra Azul Open Space Preserve. Staff favors two individual residences, one at the Lexington Basin and the other in the Hicks Road area, as a long-term solution. The use of the apartment within the multi-unit building is feasible for about three to five years. Long-term use of the structure would require the District to maintain the entire building. Any ranger electing to accept this ranger residence assignment will be fully informed of its temporary nature. It is anticipated that the ranger assigned to this residence will have patrol responsibilities dedicated approximately three days per week to District lands south of Highway 17. This assignment will require the exclusive commitment of one patrol vehicle to the assigned ranger. Staff will address District-wide patrol vehicle needs as an element of the 1993-1994 proposed budget. Prepared b : � Y John Escobar, Operations Manager Contact person: Same as above Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-24 Meeting 93-04 February 10, 1993 AGENDA ITEM Signatories for Entering District's Safe Deposit Boxes GENERAL MANAGER'S RECOMMENDATION /V Adopt the attached resolution establishing signatories for entering the District's safe deposit boxes at First Interstate Bank of California in Los Altos. Discussion: The Board needs to amend its signatories for entering its safe deposit boxes because of the change of Board officers. The following are authorized safe deposit box signatories: Board president and treasurer; general manager; assistant general manager-land acquisition manager and district clerk. Prepared by: Jean Fiddes District Clerk Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING SIGNATORIES FOR ENTERING SAFE DEPOSIT BOXES (FIRST INTERSTATE BANK OF CALIFORNIA - LOS ALTOS) BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the president and treasurer of the Board of Directors and the general manager, assistant general manager-land acquisition manager, and district clerk, as indicated on the attached three safe deposit box agreement cards, to enter the District's safe deposit boxes in behalf of the District. „ RESOLUTION 93- Frae SAFE DEPOSIT BOX AGREEMENT *,.., a SAFE DEPOSIT BOX AGREEMENT—CORPORATION I NAME OP'CVR*ort*.sww bf:m AS•nc Box No. 1. Tema And Fee a. Mid en i n s u 1 a Re i on a 1 U You are renting a safe deposit box for one year.This Agreement will be automatically renewed each year unless you en Space District notify us otherwise in writing.You agree to pay the annual fee for your box,which must be paid In advance.If the annual STREET ADDRESS, CITY STATE ZIP CODE TELEPHONE I lee Is not paid when due,we may force open your box and dispose of its contents as permitted by taw.We reserve the ,330=Di stele right rcl a Los Al to s CA 94022 691-1 ZOO right to increase the annual fee for future rental periods and to charge other fees from time to time. RENTAL DATE _ ANNUAL FEE ACCOUNT NO, 2. Co•Rentan. If there are co-renters,each of you has aright to open the box.Any co-renter can end this Agreement without notifying the other(a)and sign our release form("Surrender of Box'j on your behalf. We will automatically charge the fees for your box to the account listed above,unless you indicate otherwise 0. Access To Your Box. by checking this b0X`❑;in which C85a you W III be billed directly. You may have access to your safe deposit box during our regular business hours it you show us proper Identification [,AIDTRIC I and prove to our satisfaction that you have a right to open the box. n.M r ss C� �'RESOLU TI ON � I�+`. 1. Entering The Vault. "'RESOLVED•ThePrevdent� < s .rc{-C/tree e - and/or Treasurer of this�er¢e'M+ers is autho- rized I You may not enter our vault unless one of our employees accompanies you.We may refuse to allow more than two to enter into Sale Deposit Box Agreements with First Interstate Bank of Californiiaa n behalf 9f this Corporation. I people b enter the vault at the-sanadtfine.You wilt be allowed In the veldt for no longer It takes to open or Close "FURTHER RESOLVED:Any one of the following persons may have access to the 68speseHy;4safe deposit box: I - your box.We may require you to carry your box to a room or desk outside the vault You may not remove your box fro' P TTIAaI t SIGNATURE I Our premises. �gizaethxCrowder, President a. What May Not BeStored. . j fw y.A r •; - f You may not place any of the following in your safe deposit box:any liquid,any property of an explosive,dangerous or • '(7e � I offensive nature,or any property the possession of which Is prohibited by law or regulation,or which may become a nuisance to us or any other renter.If we have reason to believe that any of these Items are Stored In your box,we have 2• one a an ko j:•Treasurer 1 the right to open the box and remove Its contents without prior notification.If we do so,we will Inventory the contents. i The inventory Shall be deemed conclusive evidence of the contents of your box. 1 a. Hold Harmless. You agree to Indemnity,defend and hold us and our employees harmless from and against every cielm,demand,action, 3, I cost,loss.Ilabll)ty and expense(excluding attorneys'fees)which we incur by acting In accordance with this Agreement er art i Grench p Gen. Mgr. or as a result Of your lei lure to abide by its terms. 7. Our Reponslblllty. 5�y•`y'"�'-!z We are hired by you only to provide rental apace for the storage of your property,N any,In our Cafe deposit box. f, 8 ' Technically,we are known as a"Ballee for Hire,”which means that wa are required only to use ordinary can with As S t."Gen M r-Land Ac M r. respect to your box.You agree that we will not be liable to you If any unauthorized Penton opera your box,as long as H A AM I we have used ordinary care to prevent such an occurrence.It cannot be presumed Ihat an unauthorized person opened _ - I your box simply because you claim something Is missing.You agree that In the event of any loss or damape to your box _ - URE I of Its contents,we will not be liable to you for any consequential or Incidental damages,nor for any amounts)In excess -. Jean ,H.'F i dd e s; Di st Clerk I of the face value or fair market value of any Item(s)as of the dale of loss,nor for any loss or damage caused,directly or H N ( Indirectly,In whole or In part,by(a)your negligence or failure to abide by the terms of this agreement,or(b)accidents, MOTHER'S MAIDEN NAME I fire.flood,water damps(including talking,sal an,aappregslon systems),burglazy,civil unrest,wu,seta of God,or any cause which Is beyond our reasonable control.In the event of any logs or damage for which we are liable,we reserve the right.In our sole discretion,to(a)pay you the face value or fair market value of any Ilema as of the dale of loss,w ra Imo} I (b)replace the tiaras.NOTWITHSTANDING ANY TERM IN THIS AGREEMENT TO THE CONTRARY,YOU AGREE THAT "'FURTHER RESOLVED:Each of the above-named persons or any fice,}(/of the s wthorized to sign the Bank': I - release form("Surrender of Box By Corporation")on behalf of this : e:dtieSs, I OUR LIABILITY FOR ANY LOSS OR DAMAGE TO YOUR BOX OR ITS CONTENTS,HOWEVER OCCURRING,SHALL T tE�iiyR RESOLVED:This authorization will remain�gtyc�ynt�the Bank receives a written notice of revocation from this I: NOT EXCEED$5,000-00.IF YOU WANT TO INSURE WHAT YOU-KEEP IN THE BOX,YOU SHOULD CONTACT AN,it of the Bank's locations where this Gas(7era!$i'.4s2intains asafe deposit box." ( RANGE COMPANY. INSURANCE a I S. Lost Keys. S U PerS ed.e$ Rest•, 9 Z-43 CERTIFICATION ' You received two keys to your box.You agree to notify us Immediately If a key Is lost or stolen.You also agree to h.:.I certify that:;�I�A-tr�,( C r{ reimburse us for any expense we Incur In replacing lost keys or forcing oponour box.You must return as keys to us —I am the Sseretart•.erAssiµaAi•iaersiarµ of the D a+e I`n I when this Agreement ends. Gestate statement y+rss: oti�fo-The foregoing resolution Is a complete and accurate statement of a resolution duly adopted by the•GerporecioA; /f-3 a. Notification Of Death.' ,`-The signatures'on this card are the genuine and authorized or ed signatures t 9e g s o the ,sons named in the re I If any person Pa so ution;and I y pe so with access to your box alias,you agree to notify us Immediately,before any other person seeks access to The resolution Is now In full force and has not been revoked or changed in any way. I the box.We may require you to prove to our satisfaction that you ere entided to the contents of the box before we allow Di stri ctu`C 1 e r`k''s I you further access.You agree to Indemnity,defend and hold us and our employees harmless from all claims,demands. Ia - t damages and costs(excluding attorneys'fees)if we allow you to have further access to the box.We may refuse 9atlatafyrS Slgnatura>• Date i Immediate access if there Is a claim to the box or Its contents by the estate or a representative of a deceased person p 1 S � who had access to the box. .AC EPTANCE BYGORPB" ff`fr si ning below,you agree to First Interstate Bank of California's Safe Deposit Boxi 10. Amending/Terminating This Agreement RA�fe }A Agreement on Behalf of the-Uor eF hen,You also acknowledge that you have read and received a copy of Its terms. I You may terminate this Agreement at any time by notifying us In writing.It-you do s0.you will not be entitled to any refund Data: - '�1g_• _ - 'I of rent-We may amend or terminate this Agreement at any time,with or without cause,by mailing or delivering a notice I to you. By:%($ignatur Title: 11. Your Responsibility At Termination. If this Agreement ends for any reason,you must empty your box and return all keys to us.If you do not empty your box or SURRENDER OF BOX BVP9R"A Ff9N. - renew the rental,we have the right to forcibly remove the contents of your box and dispose of them as permitted by law.. I You agree to pay for any damage or cost Incurred by forcing open your box due to your failure to pay rent or empty the Box fr was surrendered on ,19_,By signing below,you certify that any property box at termination. In the box has been lawfully removed and that the Bank no longer has any liability for the box or its contents. 12. Adverse Claims. By:.(Signsturai'" Date It we receive conflicting claims or demands regarding your box or Its contents,we may refuse further access to the box until we receive evidence or proof,satisfactory to us,of each person's right to access to the box and remove its contents. SPECIAL INSTRUCTIONS. I 10. Legal Process. • You agree that we may,without liability to you,comply with any legal process that we believe to be valid and grant access to your sale deposit box whether or not such process is,in tact,valid.You also agree to Indemnity,defend and - i hold us and our employees harmless from and against every claim,demand•action,cost,loss,liability and expense I (excluding attorneys'fees)associated with our compliance with any legal process that we believe to be valid. so tlSOIa...sleet 14. Walven. We may delay enforcing our rights under this Agreement without waiving them.A waiver of any right by us shall not be considered a waiver of the same right or of other rights at another time. RESOLUTION 93- `� Fkzt .dstersfadla SAFE DEPOSIT BOX AGREEMENT B3* SAFE DEPOSIT BOX AGREEMENT—CORPORATION . 1 NAME OF Box NO. i 1. Terms And Fees. You are renting a safe deposit box for one year.This Agreement will be automatically renewed each year unless you Mid en i n s u 1 a Regional Open Space District notify us otherwise in writing.You agree to pay the annual fee for your box,which must be paid in advance.It the annual STREET ADDRESS CITY STATE 21P CODE TELEPHONE I fee is not paid when due,we may force open your box and dispose of its contents as permitted by law.We reserve the 330 D i s tel Circle, Los Altos CA 94022 691-1200 right to increase the annual fee for future rental periods and to charge other fees from time to time. RENTAL GATE ANNUAL FEE ACCOUNT NO. 2, Co-Renhsrs. $ If there are co-renters,each of you has a right to open the box.Any co-renter can and this Agreement without notifying the other(a)and sign our release form("Surrender of Box')on your behalf, We will automatically charge the fees for your box to the account listed above,unless you indicate otherwise 3. Access To Your Box. by checking this box ❑,in which case you will be billed directly. You may have access to your safe deposit box during our regular business hours if you show us proper identification .. O c and prove to our satisfaction that you have a right to open the box. ... Rtt6R,a,31 N-RESOLUTION f3ew Nqr A sa .D sfr-.<F C/.-r D,y-lt.,,c(— 4. Entering The Vault "RESOLVED: The President,msy..+J.�e-Wecl9en .gland/or Treasurer of this Cerpusauort Is autho- I You may not enter our vault unless one of our employees accompanies you.We may refuse to allow more than two rized to enter into Safe Deposit Box Agreements with First Interstate Bank of Californja on behalf sf this Gerperetien'.{,>I s}r• �'. I people to enter the vault at the same time.You will be allowed in the vault for no longer than it lakes to open or close "FURTHER RESOLVED:Any one of the following persons may have access to the 2orporetra safe deposit box: your box.We may require you to carry your box to a room or desk outside the vault.You may not remove your box from, PRINT NAME SIGNATURE l our premises. ' Elizabeth Crowder;-Pres iden 5. What May Not Be Stored. 50CIAL SECURITY NO. "FICATION MOTHER 9 MAIDEN NAME You may not place any of the following in your sofa deposit box:any liquid,any property of an explosive,dangerous or I offensive nature,or any property the possession of which Is prohibited by law or regulation,or which may become a nuisance to-us or any other renter.If we have reason to believe that any of these ile"wer stored In youa.4ex,we have SIGNAI the right to open the box and remove Its contents without prior notification.If we do so,we will Inventory the contents. SOCIAL SECURITY NU. JNonette'Hanko,;;Treasurer ! The Inventory shall be deemed conclusive evidence of the contents of your box IDENTIFICATION H 6. Hold Harmless. - •- You agree to indemnify,defend and hold us and our employees harmless from and against every claim,demand,attic cost,loss,liability and expense(excluding attomeys'lees)which we Incur by acting in accordance with this Agreemen, Herbert,Gren ch Gen. Mgr. or as a result of your failure to abide by Its terms. SOCIAL SECURITY RU.— . 1 _ M H R MAIDEN NAM i 7. Our Reponslbillty. Cr ! We are hired by you only to provide renal space for the storage of your property,If any,In our sale alopoafl box. I A ! Technically,we are known as a"Balles for Hire."which means thsl we are required only to use ordinary care with - - r tton; Asst. GM respect to your box.You agree that we will not be liable to you If any unauthorized person opens your box,as long as H MAIDEN NAME we have used ordinary care to prevent such an Occurrence.It cannot be presumed that an unauthorized person opened .- your box simply because you claim something Is missing.You agree that In the event of any to"or damage to your box or Its contents,we will not be liable to you for any consequential or Incidental damages,nor for any amount(*)in excess; �• a an H. Fi ride s; District Cl TT"NA ua of the face value or fair market value of any Item(s)as of the date of loss,nor for any loss or damage caused,directly w Incilreclly,In whole or In part,by(a)your negligence or failure to ablde by the terms of this agreement,or(b)accidents,' H I NTI ICA I N MOTHER'S MAIDEN NAME I are,flood,water damage(Including failure of fire suppression systems),burglary,civil unrest,war,acts of God,or any - cau•a which Is beyond our reasonable control.In the event of any loss or damage for which we are liable,we reserve I the right,In our sole diacrstion,to(a)pay you the face value Or fair market value of any Items as of the date of to",w Str,�t "FURTHER RESOLVED:Each of the above-named persons or any ofii er of thi war ran, authorized to sign the Bank's i (b)replace Ile•;toms.NOTWITHSTANDING ANY TERM IN THIS AGREEMENT TO THE CONTRARY,YOU AGREE THAT`•� _ ' •-release form("Surrender of Box By Corporation")on behalf of this 6oaAk�� ! - OUR LIABILITY FOR ANY LOSS OR DAMAGE TO YOUR BOX OR ITS CONTENTS,HOWEVER OCCURRING,SHALL NOT EXCEED$5,000.00.IF YOU WANT TO INSURE WHAT YOU KEEP IN THE BOX,YOU SHOULD CONTACT AN 7�"F�1$���E�}-RESOLVED:This authorization will remain i4forS?unti the Bank receives a written notice of revocation from this 6erpwatsbri at each of the Bank's locations where th is Coc{Shc31�h4ftaI ntains a safe deposit box." INSURANCE COMPANY. _ 92 e Su rsedes Res. - ' a Lost Keys. t' _ - 07 CERTIFICATION - I You received two keys to your box.You agree to notify us immediately If a key Is lost or stolen.You also agree to I certify that: �� �t CAP,Ks;rre�1�+ I reimburse us for any expense we Incur In replacing lost keys or forcing open your box.You must return all keys to Us --i am the s of the.Corpwotn named above; � ��1 '� I when this Agreement ends. et e n �Y/d „—.The foregoing resolution is a complete and accurateg. Notlflcation Of Death. ate statement of a resolution duly adopted by the 6er poi•eion; i The signatures on this card are the genuine and authorized signatures of the persons named in the resolution;and If any person with access to your box dies,you agree to notify us Immediately,before any other person seeks access to '.t—The resolution is now in full force and has not been revoked or changed in any way. the box.We may require you to prove to our satisfaction that you are entitled to the contents of the box before we allow you further access.You agree tO indemnity,defend and hold us and our employees harmless from all claims,demands, Drx�rrcf Cr�e r�5' damages and costs(excluding attomeys'fees)if we allow you to have further access to the box.We may refuse .'SFrsatm^y s Signature Date '. Immediate access if there Is a claim to the box or Its contents by the estate or a representative of a deceased persona: I G who had access to the box.. y,y xi -.-C ';:ACCEPTANCE BY qfj B :By igning below,you agree to First Interstate Bank of California's Safe Deposit Box, - 10, Amending/T•rminating This Agreement. v'° r t 'wy .l` 6V ' Agreement on behalf of th {Ic, ou also acknowledge that you have read and received a copy of its terms. You may terminate this Agreement at any time by notifying us in writing If you do go,you will not be ent�o any re no Date; ,!g - of rent We may emend or terminate this Agreement at any time,with or without cause,by mailing or delivering a notice to you. By:(Signature) Title: 11.. Your Responsibility At Ter ilnation. }- ' If this Agreement ends for any reason,you must empty your box and return all keys to us.If you do not empty your box or' SURRENDER OF BOX BY CORPORATION. - renew the rental,we have the right to forcibly remove the contents of your box and dispose of them as permitted by few, You agree to pay for any damage or coat Incurred by forcing open your box due to your failure to pay rent or empty the- Box a was surrendered on 19 .By signing below,you certify that any property box at termination. in the box has been lawfully removed and that the Bank no longer has any liability for the box or its contents. Adverse Claims. By:(Signature) - Date I If we receive conflicting claims or demands regarding your box or its contents,we may refuse further access to the box until we receive evidence or proof,satisfactory to us,of each person's right to access to the box and remove its contents 13. Legal Process. SPECIAL INSTRUCTIONS. - I You agree that we may,without liability to you,comply with an legal - PY y g process that we believe to be valid and rent . i access to your safe deposit box whether or not such process is.In fact valid.You also agree to indemnity,defend end;s hold us and our employees harmless from and against every claim,demand,action,cost loss,liability and expense ., (excluding attorneys'lees)associated with our compliance with any legal process that we believe to be valid. so 11"(Row.a/a*) 14. Waivers. - Sr - We may delay enforcing our rights under this Agreement without waiving them.A waiver of any right by us shelf not be ,.,ls , considered a waiver of the same right or of other rights at another time. �. s - - ., • 80.1100(Rev.arse) F) RESOLUTION 93- Fkst interstate (' SAFE DEPOSIT BOX AGREEMENT B&* SAFE DEPOSIT BOX AGREEMENT—CORPORATION I 1. Terms And Fees. N F cvuru+rn norr sox No. You are renting a safe deposit box for one year.This Agreement will be automatically renewed each year unless you Mid en i n s u 1 a Regional Open Space District nobly us otherwise in writing.You agree to pay the annual fee for your box,which must be paid in advance.If the annual STREET ADDRESS CITY STATE ZIP CODE TELEPHONE fee is not paid when due,we may force open your box and dispose of its contents as permitted by law.We reserve the ' 33 D's to 1 Circle Los Al t 0$ A 22 - 2 I right to increase the annual fee for future rental periods and to charge other lees from time to time. RENTAL DATE ANNUAL FEE ACCOUNT NO, 2. Co-Ron on. $ I If there are co-renters,each of you has a right to open the box.Any co-renter can end this Agreement without notifying the other(a)and sign our release form("Surrender of Box")on your behalf. We will automatically charge the fees for your box to the account listed above,unless you indicate otherwise i I 0. Access To Your Box. by checking this box C3,in which case you will be billed directly. I You may have access to your safe deposit box during our regular business hours If you show us proper IdenWlcallon and prove to our satisfaction that you have a right to open the box. � -C9ftP8RAitBN RESO TIO _.. . 14 r' -- - r r c+C/o 3+r,c+ 1 e. Entering The Vault. - "RESOLVED: The President - and/or Treasurer of this rb,& anew Is autho- I You may not enter our vault unless one of our employees accompanies you.We may refuse to allow more than two rued to enter into Safe Deposit Box Agreements with First Interstate Bank of California on be0alf of this 8eweretism.D rs.�rrc op le����}}�T-.��`` {, peo le to an the vault at the same time.You will be allowed In the vault for no longer Than II lakes to open or close - "FURTHER RESOLVED:Any one of the following persons may have access to tfiC-berpoYstrorFts safe deposit box: your box.We may require you to carry your box to a room or desk outside the vaulL You may not remove your box from P 1'z SIGNATURE I our premises. '� za�eth 'Crowder; President 5. What May Not Be Stand. ---TQTIER'l MAIDEN NAME You may not place any of the following In your safe deposit box:any liquid,any property of an explosive,dangerous or , offensive nature,or any property the possession of which is prohibited by law or regulation,or which may become a I nuisance to us or any other renter.If we have reason to believe that any of these Items are stored In your box,we have . r,� I the right to open the box and remove Its contents without prior notification.If we do so,we will Inventory the contents. IVonette Hanko; Treasurer I The inventory shall be deemed conclusive evidence of the contents of your box. iSOCIAL SECURITY NO , I I 6 ..Hold Hamlets.SIrNA You agree to Indemnity,defend and hold us and our employees harmless from and against every claim PRINT NA detnend,eClierl ' cost loss,liability and expense(excluding attorneys'fees which we Incur g grasment 5 ° y i b P ( 9 y' ) try actin In accordance with this A Herbert Grench, Gen. Mgr, or as a result of your failure to abide by its terms. ' •1 _ OTH MAIDEN NAIVE 7. Our Raponslbllty. r + i We are hired by you only to provide rental space for the storage of your property.If any,In ourlsaN dePasK box-" 11GIATUP. Technically,we are known as a"Ballse for Hire,"which means that we are required only to use ordinary cars with As s t Gen.M r- and Acq M r j respect to your box.You agree that we will not be liable to you If any unauthorized person opens your box,as long as .. M H MAIDEN NAME we have used ordinary care to prevent such an occurrence.It cannot be presumed that an unauthorized person opened;;, I your box simply because you claim something Is missing.You agree that In the event of any loss or damage to your box ( or Its contents,we will not be liable to you for any consequential or Incidental damages,nor for any amount(.)in excess _ I NATUR 1 - of the lace value or fair market value of any Item(s)as of the date of foss,nor for any loss or damage caused,directly or e an Fiddles; District C 1 e indirsctly,In whole or In part,by(a)your negligence or failure to abide by the isms of this agreement,or(b)accidents,SOCIAL ; SECURITY H I NTI ATION MOTHER'S MAIOEN NAME IIre,flood,water damage(Including failure of fin suppression system.),burglary,civil unreal,war,acts of God,w any cause which Is beyond our reasonable control.In the event of any loss or damage for which we an liable,we reserve the right,In our sole discretion,to(a)pay you the face value of lair market value of any Items as of the date of loss,or "FURTHER RESOLVED:Each of the above-named persons or any officer of this rs i`Tis authorized to sign the Bank's (b)replace the Items.NOTWITHSTANDING ANY TERM IN THIS AGREEMENT TO THE CONTRARY,YOU AGREE THAT release form("Surrender of Box By Corporation")on behalf of this-Gorpocation.D,a+r•lc-+ OUR LIABILITY FOR ANY LOSS OR DAMAGE TO YOUR BOX OR ITS CONTENTS,HOWEVER OCCURRING,SHALL NOT EXCEED S5,DOO.00.IF YOU WANT TO INSURE WHAT YOU KEEP IN THE BOX,YOU SHOULD CONTACT AN "FjkJ�ER WOLVED:This authorization will remain I III Bank receives a written notice of revocation from this - -C k each of the Bank's locations where this P r al ntains a safe deposit box," INSURANCE COMPANY. Su ersedes' Res. 92-07 a• Lost Keys. P CERTIFICATION You received two keys to your box.You agree to notity us Immediately If a key Is lost or stolen.You also agree to I certify that: reimburse us for any expense we Incur in replacing lost keys or forcing open your box.You must return all keys to us Droiv-.a+ Cf rile -D.�-4+-Ic(- /� when this Agreement ends. -I am the f the Ostpomuon named above; �,g}r I c f-d g/!,) _ -The foregoing resolution is a complete and accurate statement of a resolution duly adopted by the fierpocaaion; e. Notification Of Death. -The signatures on this card are the genuine and authorized signatures of the persons named in the resolution;and If any person with access to your box dies,you agree to notify us Immediately,before any other person seeks access to The resolution is now in full force and has not been revoked or changed in any way. I the box.We may require you to prove to our satisfaction that you are entitled to the contents of the box before we allow _ t - you further access.You agree to Indemnity,defend and hold us and out employees harmless from all claims,demands, District C 1 er k $ I damages and costs(excluding attorneys'fees)It we allow you to have further access to the box.We may refuse -6ec.eNryb Signature Date l - immediate access if there Is a claim to the box or its contents by the estate or a representative of a deceased person...'..` !5r21 C I who had access to the box. a - Y . ACCEPTANCE BY P1O`RA1-1 si%Vg below,you agree to First Interstate Bank of California's Safe Deposit Boxl j 10. Amending/Terminating This Agreement. rFr Agreement on behalf of the .You also acknowledge that you have read and received a copy of its terms. I - You may terminate this Agreement al any time by notifying us in writing.If you do so,you will not be entitled�to any refurid_ Date: 1 g - I of rent We may amend or terminate this Agreement at any time,with or without cause,by mailing or delivering a notice -^ I to you., BY:(Signature) Title: i 11. Your Responsibility At Termination. If this Agreement ends for any reason,you must empty your box and return all keys to us.If you do not amply your box Or permitted by la SURRENDER OF BOX BY CORPORATION. - renew the rental,we have the right to forcibly remove the contents of your box and dispose of them as perw.'. x # ' You agree to pay for any damage or cost Incurred by forcing open your box due to your(allure to pay rent or empty the,`>,' t� Box a was surrendered on 19_.By signing below,you certify that any property f box at termination. in the box has been lawfully removed and that the Bank no longer has any liability for the box or its contents. .- �.I 12. Adverse Claims. I If we receive conflicting claims or demands regarding your box or its contents,we may refuse further access to the box 11 i 1 By:(Signature) Date I until we receive evidence or proof,satisfactory to us,Bleach person's right to access to the box and remove Its contents.`: z 13. Legal Process. , I s r SPECIAL INSTRUCTIONS, You agree that we may,without liability to you,comply with any legal process that we believe to be valid end'granlY; 'X;sr��+ access to your safe deposit box whether or not such process Is,in fact.valid.You also agree to Indemnity,defend end"k '-- k� ;,, ., 1 ( hold us end our employees harmless from and against every claim,demand,action,cost loss,liability end expense t I, yn.}q r I (excluding attorneys'fees)associated with our compliance with any legal process Thal we believe to be valid. ' it. Waivers. Wit:exec ws,1 " so*"' lR... ,vcY[M• 3't: We may delay enforcing our rights under this Agreement without waiving them.A waiver of any right by us shall not f considered a waiver of the same right or of other rights at another time. i 1 I Open Space R-93-26 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-04 February 10, 1993 AGENDA ITEM Extension of Letter of Credit Securing the 1988 Variable Rate Demand Notes I CONTROLLER'S RECOMMENDATION Approve the following attached resolution required to extend for five years the letter of credit securing the 1988 Variable Rate Demand Notes: Resolution of the Board of Directors of the Midpeninsula Regional Open Space District With Respect to the $12,500,000 Aggregate Principal Amount of Midpeninsula Regional Open Space District Variable Rate Demand Notes, 1988 Series A, Authorizing the Execution and Delivery of an Amendment No. 1 to the Letter of Credit and Reimbursement Agreement and Other Documents and Certificates Relating Thereto (Completed copies of the resolution and all of the documentation are available for public review at the District office.) Discussion: On February 11, 1988, the District issued $12,500,000 of 1988 Variable Rate Demand Notes secured by a Fuji Bank letter of credit with an initial term of five years. Following an extensive review of the District's financial situation and plans, Fuji Bank has offered to extend the letter of credit for an additional five years based on terms listed in the proposed Amendment No. 1. The cost of the letter of credit would be 0.40% per year (up from 0.30% in the initial term) plus an extension fee of 0.25% ($33,400). .Based on a discussion with our investment banker, I find that these fees are reasonable and competitive. The only substantive change to the other terms of the letter of credit's Reimbursement Agreement is a toughening of the additional bond's test. My analysis indicates this change will have no impact on the District's financial plans. The 1988 Notes have proven to be the District's least expensive debt. I recommend that the Board approve the amendment. Prepared by: Michael L. Foster, Controller Contact person: Same as above XIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District With Respect to the $12, 500, 000 Aggregate Principal Amount of Midpeninsula Regional Open Space District Variable Rate Demand Notes, 1988 Series A, Authorizing the Execution and Delivery of an Amendment No. 1 to the Letter of Credit and Reimbursement Agreement and Other Documents and Certificates Relating Thereto Adopted February 10, 1993 XIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District With Respect to the $12,500, 000 Aggregate Principal Amount of Midpeninsula Regional open Space District Variable Rate Demand Notes, 1988 Series A, Authorizing the Execution and Delivery of an Amendment No. 1 to the Letter of Credit and Reimbursement Agreement and Other Documents and Certificates ,Relating- Thereto WHEREAS, pursuant to an Indenture of Trust dated as of Febru- ary 1, 1988 between the District and Seattle-First National Bank, as trustee (the "Trustee") , the District issued $12, 500, 000 princi- pal amount of Midpeninsula Regional open space District Variable Rate Demand Notes, 1988 Series A (the "Notes") ; WHEREAS, in connection with the issuance of the Notes, the District entered a Letter of Credit and Reimbursement Agreement (the "Credit Agreement") dated as of February 1, 1988 with The Fuji Bank, Limited, San Francisco Agency (the "Bank") , pursuant to which the Bank issued its Irrevocable Letter of Credit No. LC911/700005 dated February 11, 1988 (the "Letter of Credit") in favor of the Trustee for the account of the District; WHEREAS, there has been submitted to this Board of Directors a form of an Amendment No. 1 to the Credit Agreement ("Amendment No. 111) pursuant to which the expiration date of the Letter of Credit will be extended until February 11, 1998 and other amend- ments will be made to the Credit Agreement; and WHEREAS, this Board of Directors has carefully considered the terms and conditions of the Amendment No. 1 and is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. Amendment No. 1, in substantially the form now on file with the Secretary of the Board of Directors of the District, is hereby approved by the District; the execution of Amendment No. 1 by the General Manager of the- District in substantially the form submitted and the attestation of such execution and affixing of the seal thereto by the Controller of the District are hereby autho- rized, approved and ratified, and the General Manager and/or the Controller are hereby authorized to deliver Amendment No. 1 on behalf of the District, such execution and delivery to be conclu- sive evidence of approval of Amendment No. 1. Section 2. The officers of the Board of Directors of the District and the officers of the District are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the execution and delivery of Amendment No. 1 and the performance of the District's obligations thereunder, and otherwise to carry out, give effect to -2- and comply with the terms and intent of this resolution; and any such actions heretofore taken by such officers in connection there- with are hereby ratified, confirmed and approved. Section 3. This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED on February 10, 1993 , by the following vote: AYES: NOES: ABSENT: Approved: Print Name: Elizabeth S. Crowder President of the Board of Directors of the Midpeninsula Regional Open Space District (SEAL) Print Name: Wim de Wit Secretary of the Board of Directors of the Midpeninsula Regional Open Space District -3- CERTIFICATE OF THE SECRETARY OF THE BOARD OF DIRECTORS secretary of the Board of Directors of the MidpeninsU-1a---R-e­g1ona1 Open Space District (the "District") hereby certify that attached hereto is a full, true and correct copy of Resolution No. ' duly adopted at a meeting of the Board of Directors of the District duly and regularly held in Los Altos, California, on February 10, 1993 , of which meeting all of the members of said Board had due notice and at which a quorum was present and acting throughout. I further certify that I have carefully compared the attached copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. I further certify that an agenda of said meeting, a copy of which is attached hereto, was posted at least 72 hours before said meeting at a location in Los Altos, California, freely accessible to the public and a brief general description of the resolution to be adopted at said meeting appeared on said agenda. I further certify that Herbert Grench is the duly appointed General Manager of the District, that Michael L. Foster is the duly appointed Controller of the District, and that specimens of their true and correct signatures appear below: Specimen signature Herbert Grench Michael L. Foster IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the Board of Directors of the District hereto this 10th day of February, 1993 . Print Name: Wim de it Secretary of the Board of Directors [SEAL] J NO. I TO LETTER OF CREDIT AND REINBURSEXENT AGREEMENT THIS AMENDMENT NO. 1, dated as of February 1, 1993 (this "Amendment") , to the Letter of Credit and Reimbursement Agreement dated as of February 1, 1988 (the "Credit Agreement") , between the Midpeninsula Regional Open Space District, a regional open space district, duly organized and existing under the Constitution and the laws of the State of California (the "District") , and The Fuji Bank, Limited, a banking corporation organized and existing under the laws of Japan, acting through its San Francisco Agency (the "Bank") . Capitalized terms used in this Amendment and not otherwise defined herein have the meanings given such terms in the Credit Agreement. RECITALS WHEREAS, the District and the Bank have entered into the Credit Agreement providing, among other things, for issuance by the Bank of its Irrevocable Letter of Credit No. LC911/700005 (the "Letter of Credit") , issued on February 11, 1988, for the account of the District; WHEREAS, the District has requested the Bank to extend the expiration of the Letter of Credit for a period of five years through February 11, 1998, and the Bank has agreed to such extension, all on the terms and conditions of this Amendment, which extension shall be effected through Amendment No. 1 to Irrevocable Letter of Credit No. LC911/700005 (the "Letter of Credit Amendment") in the form of Exhibit A attached hereto. NOW THEREFORE, in consideration of the premises and in order to induce the Bank to extend the expiration of the Letter of Credit, the parties hereto agree asfollows: Article I Extension of the Letter of Credit Section 1.1 Extension of the Letter of Credit. Subject to satisfaction of the conditions set forth in Section 5. 1 of this Amendment, the Bank agrees to amend the Letter of Credit in the form of the attached Exhibit A and thereby to extend the expiration date of the Letter of Credit to February 11, 1998. Section 1.2 Closing. Delivery of the Letter of Credit Amendment and of the related agreements, documents and instruments referred to in Section 5. 1 of this Amendment shall take place at the time and in the manner agreed by the District and the Bank, but in any event shall occur (subject to satisfaction of the conditions set forth in Section 5. 1 hereof) not later than February 11, 1993 . The date on which the conditions set forth in Section 5. 1 are satisfied and the Letter of Credit Amendment is issued by the Bank and delivered by the Trustee shall be referred to in this Amendment as the "Extension Closing Date". Article 2 Amendments to the Credit Agreement Section 2.1 Amendment of Section 2.3.1. Section 2.3. 1 of the Credit Agreement is hereby amended by deleting the first sentence thereof and substituting in its place the following sentence: "Promptly upon receipt of an invoice therefor from the Bank, the District shall pay to the Bank a letter of credit commission (the 11LOC Commission") on the Stated Amount in effect from time to time (calculated on the average daily Stated Amount of the Letter of Credit during the applicable time period) from the Issuance Date until the Expiration Date, at the rate of 0.40 percent per annum, effective February 11, 1993, payable quarterly in advance. " Section 2.2 Amendment of Section 6.1.3. Section 6. 1. 3 of the Credit Agreement is hereby amended by adding at the end thereof three new subsections numbered (h) , (i) and (j) that shall read as follows: 11 (h) Verification of Tax Allocations. Provide to the Bank copies of all communications between the District and either or both of San Mateo and Santa Clara Counties (the "Counties") , including with the Assessor and the Tax Collector of each of the Counties, with respect to the District's annual budget and the allocation of tax revenues to the District, including all communications relating to Section 5570 and 5571 of the California Public Resources Code and to Section 95 et seg. of the California Revenue and Taxation Code. Copies of all such communications shall be sent to the Bank within ten days after being sent or received by the District. (i) Additional Debt. File with the Bank the certificate that is required to be filed pursuant to Section 6. 05 (b) of the Indenture no less than thirty days prior to incurring Additional Debt. (j) Coverage Ratio Compliance. Deliver to the Bank, together with the reports required by Sections 6. 1.3 (c) and (d) , a report of the Controller addressed -2- to the Bank showing compliance with the covenant stated in Section 6.2.9 as of the closing dates of such reports, i.e. , September 30 and March 31, respectively. " Section 2.3 Amendment of Section 6.2.1. Section 6.2.1 of the Credit Agreement is hereby amended in its entirety to read as follows: "Section 6. 2. 1. Additional Debt. The District shall not create, incur or permit to be created any Additional Debt which has a right to payment (as to principal or interest) or a lien or claim upon Limited Taxes which is prior in right to that of the Notes, the Debt Service Reimbursement Obligations or the Liquidity Reimbursement Obligations except in accordance with the provisions of Subsection 6.05(a) of the Indenture. The District shall not create, incur or permit to be created any Additional Debt which has a right to payment (as to principal or interest) or a lien or claim upon Limited Taxes which is equal in right to that of the Notes, the Debt Service Reimbursement Obligations or the Liquidity Reimbursement Obligations except in accordance with the provisions of Subsection 6.05(b) of the Indenture; provided, however, that for purposes of this Section 6.2. 1 only, the percentage amount stated in Section 6. 05(b) (iii) of the Indenture shall be deemed to be one hundred fifty percent (150%) rather than one hundred twenty-five percent (125%) . 11 Section 2.4 Amendment of Section 6.2. Section 6.2 of the Credit Agreement is further amended by adding a new subsection at the end thereof numbered Section 6.2 .9 as follows: "Section 6. 2 .9 Coverage Ratio. The District shall not allow the ratio of the amounts stated in subsection (a) below to the amounts stated in subsection (b) below to be less than 1.25 to 1.00 at any time: (a) The taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statement of the District, plus the total subventions in lieu of taxes received by the District from the State of California in such fiscal year, less the total debt service paid by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides (as defined in the Indenture) ; and (b) The total debt service payable by the District during its current fiscal year on all -3- indebtedness or capital lease obligations of the District that would be payable on a parity with the Notes, the Debt Service Reimbursement Obligations and the Liquidity Reimbursement Obligations, including the debt service on any additional indebtedness, less the total debt service payable by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from Tax Overrides (as defined in the Indenture) . For purposes of calculating the debt service of the District referred to in this Section 6.2 .9, the assumptions stated in subsections (1) -(6) of Section 6. 05(b) of the Indenture shall apply. " Section 2.5 Amendment of Section 7.1. Section 7. 1 is hereby amended by deleting the word "or" at the end of subsection (g) thereof, by deleting the period at the end of subsection (h) thereof and substituting in its place 11; or" and by adding a new subsection at the end thereof numbered Section 7. 1 (i) as follows: of (i) the District shall fail to maintain the coverage ratio provided in Section 6.2.9. 11 Article 3 Extension Fee Section 3.1 Extension Fee. on or before the Extension Closing Date the District shall pay to the Bank an extension fee in the amount of 0.25 percent of the Stated Amount existing on the Extension Closing Date. Article 4 Representations and Warranties of the District The District represents and warrants to the Bank, as of the Extension Closing Date, as follows: Section 4.1 Credit Agreement Representations and Warranties. Except with respect to the matters previously advised to the Bank in writing, all representations and warranties of the District contained in Sections 5. 1, 5.2, 5.3, 5.5, 5.7, 5.9, and 5. 11 of the Credit Agreement are true and correct on and as of the Extension Closing Date as though made on and as of said date. section 4.2 Financial condition. The District's audited financial statements for the last 4 years (the most recent being for Fiscal Year 1991-1992) , copies of which have been furnished to the Bank, have been prepared in accordance with Generally Accepted -4- Accounting Principles, consistently applied (except as noted herein or therein) , and accurately and fairly present, in all material respects, the financial condition of the District as of the dates thereof and there has been no material adverse change in such condition since the date of the most recent such report. Section 4.3 Other Debt. No default currently exists with respect to any Debt of the District, and no event or condition exists which, given notice or the passage of time or both, would constitute an event of default with respect to any Debt of the District. Section 4.4 Parity with Certain Other Debt. The indebtedness represented by the Notes, any Debt Service Reimbursement Obligation and any Liquidity Reimbursement Obligation has a parity right to payment with the indebtedness represented by the 1987 Notes, those certain 1990 Promissory Notes in the original principal amount of $15,000,000 (the 111990 Notes") , those certain 1992 Promissory Notes in the original principal amount of $8, 000, 000 (the 111992 Notes") and certain land contract notes which have a total outstanding principal amount of $124, 000 as of February 11, 1993 (the "Parity Land Contract Notes") and at least a parity claim upon Collateral with the indebtedness represented by the 1987 Notes, the 1990 Notes, the 1992 Notes and the Parity Land Contract Notes. Section 4.5 Resolution of the District, Authorization and Enforceability. The resolution of the District adopted on February 10, 1993 (the 111993 Extension Resolution") has been duly adopted by the District and authorizes the execution, delivery and performance by the District of this Amendment and transactions contemplated hereby. The Resolution is the valid, binding and enforceable obligation of the District, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and provided that the availability of equitable remedies is subject to the application of equitable principles. Section 4.6 Amendment, Authorization and Enforceability. The District has all power and authority to execute and deliver this Amendment. When executed by the District, the Amendment shall be the valid, binding and enforceable obligation of the District, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and provided that the availability of equitable remedies is subject to the application of equitable principles. Section 4.7 No Event of Default. No event has occurred and is continuing, or would result from the extension of the Letter of Credit, the execution and delivery of this Amendment or the Letter -5- of Credit Amendment, that (i) constitutes an Event of Default or (ii) constitutes an Event of Default, as that term is defined in the Indenture. Section 4.8 Compliance with Documents. Except for any noncompliance existing solely as a result of matters previously advised to the Bank in writing by the District, the District is in full compliance with all material terms and conditions of the Credit Agreement and the Related Documents. Article S Issuance of the Letter of Credit Amendment Section 5. 1 Conditions Precedent to Issuance of the Letter of Credit Amendment. The Bank shall be under no obligation to issue the Letter of Credit Amendment unless as of the Extension Closing Date: (a) the representations of the District made in connection with this Amendment are true and correct; (b) no event shall have occurred and be continuing which constitutes, or would constitute with notice or the passage of time or both, an Event of Default under the Credit Agreement or the Indenture; (c) the Bank shall have received the additional LOC Commission with respect to the period from February 11, 1993 until February 28, 1993, arising from the increased commission rate pursuant to Section 2 . 1 of this Amendment. (d) the Bank shall have received the extension fee required pursuant to Section 3.1; (e) the Bank shall have received the following additional documents: (i) this Amendment, duly executed by the District; (ii) a certified copy of the 1993 Extension Resolution; (iii) a certificate of the General Manager and Controller of the District substantially in the form of Exhibit B attached hereto confirming the accuracy of the representations and warranties stated in Article 4; -6- extent of such prohibition, unenforceability or nonauthorization without invalidating the remaining provisions hereof or affecting the validity, enforceability or legality of such provision in any other jurisdiction. Section 6.6 Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. -8- Section 6.7 Governing Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their respective officers thereunto duly authorized as of the date first above written. (SEAL) Midpeninsula Regional Open Space District Herbert Grench General Manager Attest: Michael L. Foster Controller The Fuji Bank, Limited, acting through its San Francisco Agency Kenji Matsuo General Manager EXHIBIT A AMENDMENT NO. 1 TO IRREVOCABLE LETTER OF CREDIT NO. LC911/700005 THE FUJI BANK, LIMITED acting through its SAN FRANCISCO AGENCY 601 California Street San Francisco, California 94108 February 11, 1993 Seattle-First National Bank, as Trustee 1001 Fourth Avenue, 11 Floor Seattle, Washington 98154 Attention: Corporate Trust Department Re: Irrevocable Letter of Credit No. LC9111700005, dated February 11, 1988 (the "Letter of Credit") , for the account of the Midpeninsula Regional Open Space District with respect to $12,500,000 Midpeninsula Regional open Space District Variable Rate Demand Notes, 1988 Series A, in favor of Seattle-First National Bank, as Trustee under that certain Indenture of Trust dated as of February 1, 1988 Ladies and Gentlemen: 1. Paragraph 3 of the Letter of Credit is hereby amended by deleting the date "February 11, 199311 in the second sentence thereof and substituting in its place the date "February 11, 1998" . 2. This amendment shall be governed by and construed in accordance with the Uniform Customs and Practice for Documentary Credits (1983 revision) , International Chamber of Commerce Publication No. 400 (the "Uniform Customs") , except for Articles 19 and 45 thereof which shall not be applicable hereto, and Article 54 thereof, which shall be applicable hereto except to the extent described in paragraph 16 of the Letter of Credit. As to the matters not governed by the Uniform Customs, this amendment shall be governed by and in accordance with the laws of the State of California, including, without limitation, Article 5 of the Uniform Commercial Code as in effect in the State of California. 3. As specifically modified hereby, all terms and provisions of the Letter of Credit are hereby reaffirmed and shall remain in full force and effect. -10- i EXHIBIT B CERTIFICATE OF THE DISTRICT The undersigned officials of the Midpeninsula Regional Open Space District (the "District") , State of California, acting on behalf of the District solely in their official and not in any personal capacity, hereby certify to The Fuji Bank, Limited, acting through its San Francisco Agency (the "Bank") pursuant to the provisions of Amendment No. 1, dated as of February 1, 1993 (the "Amendment") , to the Letter of Credit and Reimbursement Agreement dated as of February 1, 1988 between the District and the Bank as follows: 1. The representations and warranties of the District stated in Article 4 of the Amendment are true and correct as of the date hereof. 2 . The District has taken all action required by and has performed all of its obligations under (i) the Indenture of Trust dated as of February 1, 1988 (the "Indenture") between the District and Seattle-First National Bank (the "Trustee") , (ii) the resolution, adopted by the Board of Directors of the District on January 27, 1988 (the "Note Resolution") , authorizing the issuance and sale of the Notes, required for the valid authorization, sale, issuance and delivery of the Notes, and (iii) the resolution, adopted by the Board of Directors of the District on February 10, 1993 (the 111993 Extension Resolution") , authorizing the execution, delivery and performance of the Amendment and the transactions contemplated therein. 3. The Note Resolution and the 1993 Extension Resolution are in full force and effect on the date hereof. 4. Since March 31, 1992, no material adverse change has occurred in the financial position or results of operations of the District other than any increase of $7, 500, 000 or less in the District's Accounts Payable, Accrued Liabilities, Short Term or Long Term Debt or any decrease of $5,350, 000 or less in the District's General Fund Balance, in each case as compared with the amounts shown on the March 31, 1992 audited financial statements, which increases or decreases, respectively, are not considered by the District to constitute a material adverse change. Dated: February 11, 1993 Herbert Grench General Manager Michael L. Foster Controller -12- 4. Please evidence your consent to this amendment to the Letter of Credit by (i) executing and dating the original hereof, (ii) attaching such executed original to the original Letter of Credit held by you, and (iii) returning two conformed copies hereof to The Fuji Bank, Limited, San Francisco Agency, 601 California Street, San Francisco, California 94108. THE FUJI BANK, LIMITED, acting through its San Francisco Agency Kenji Matsuo General Manager The above Amendment to Letter of Credit No. hereby LC911 700005 is consented and / Y agreed to: Seattle-First National Bank, as Trustee Name: Title: i -11- (iv) a certificate of the Controller of the District substantially in the form of Exhibit C attached hereto with respect to certain taxes and debt service of the District; (v) the opinion of counsel to the District, dated the Extension Closing Date and addressed to the Bank, in the form of Exhibit D attached hereto. Section 5.2 Delivery of the Letter of credit Amendment. Upon satisfaction of the conditions set forth in Section 5. 1 of this Amendment, the Bank will execute the Letter of Credit Amendment and deliver it to the Trustee. The Letter of Credit Amendment shall be deemed to be effective when the Bank receives from the Trustee a counterpart of the Letter of Credit Amendment signed by the Trustee where indicated. Article 6 Miscellaneous Section 6.1 No Amendments, Waivers. No amendment or waiver of any provision of this Amendment, nor consent to any departure by the District therefrom, shall in any event be effective unless the same shall be in writing and signed by the Bank and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. Section 6.2 Full Force and Effect. Except as specifically modified by this Amendment, all of the terms and provisions of the Credit Agreement shall remain in full force and effect. Section 6.3 Expenses. Without limiting any provision of the Credit Agreement, the District shall pay on demand any and all costs and expenses of the Bank, including without limitation attorneys fees and expenses, incurred by it in connection with the negotiation, preparation and delivery of this Amendment and the documents related to it. Section 6.4 Binding Effect. This Amendment shall become effective when it shall have been executed by the District and the Bank and thereafter shall be binding upon and inure to the benefit of the District and the Bank and their respective successors and assigns, except that the District shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Bank. Section 6.5 Severability. Any provision of this Amendment which is prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the EXHIBIT C CERTIFICATE OF THE CONTROLLER OF THE DISTRICT I, MICHAEL L. FOSTER, Controller of the Midpeninsula Regional Open Space District (the "District") , Counties of Santa Clara and San Mateo, State of California, hereby certify: 1. The taxes received by the District in its most recent audited fiscal year, as shown by the most recent audited financial statements, plus the total subventions in lieu of taxes received by the District from the State of California in such fiscal year, less the total debt service paid by the District in such fiscal year on all indebtedness or capital lease obligations of the district payable from taxes levied exclusively for the purpose of the payment of indebtedness of the District, such as capital lease obligations and indebtedness incurred prior to June 6, 1978, and general obligation bonded indebtedness authorized by voters of the District, was not less than $9,545,047. 2. The total debt service payable by the District during its current fiscal year on all indebtedness or capital lease obligations of the District that would be payable on a parity basis with the debt service on the Midpeninsula Regional Open Space District Variable Rate Demand Notes, 1988 Series A (the "Notes") , including debt service on the Notes (assuming interest is payable at the maximum rate on the Notes) , less the total debt service payable by the District in such fiscal year on all indebtedness or capital lease obligations of the District payable from taxes levied exclusively for the purpose of the payment of indebtedness of the District, such as capital lease obligations and indebtedness incurred prior to June 6, 1978, and general obligation bonded indebtedness authorized by voters of the District, is not greater than $4, 173, 141. 3 . The total defined in paragraph 1 above is at least equal to one hundred fifty percent (150%) of the total defined in paragraph 2 above. 4 . The amount of the outstanding indebtedness of the District incurred pursuant to Section 5544.2 of the Public Resources Code of the State of California (including the principal amount of the Notes) is not greater than $53,400,000. 5. The anticipated property tax revenue allocations of the District for the next five-year period (being Fiscal Years 1993-1994, 1994-1995, 1995-1996, 1996-1997, and 1997-1998) is not less than $58, 141, 000. 6. The total defined in paragraph 4 does not exceed the total defined in paragraph 5. Dated: February 11, 1993 Controller of the Midpeninsula Regional Open Space District -13- Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 5, 1993 Edward and Idonna Snow 24871 Olive Tree Lane Los Altos Hills, CA 94024-6427 Subject: Access Issues, Olive Tree Lane at Vidovich Property Dear Mr. & Mrs. Snow: Sheryl, Annette and I appreciated the chance to meet with you last Saturday to talk about your needs with respect to the control of access and the type of gate on your street. I have relayed your comments to Craig Britton, Assistant General Manager, and John Escobar, Operations Manager. In response to Your request, we will prepare a summary of the legal basis for our belief that we have the right and responsibility for patrol access on Olive Tree Lane. Due to current workload, it may be a . few weeks before you receive this. Although our research indicates that there may be a question about the legal right of the public to have access on Olive Tree Lane, we see no reason to get into a debate on this point because we can see no circumstance under which we would promote public access. Our use of Olive Tree access would vary depending on trail conditions, visitor use levels, and your specific concerns about the frequency of use. we are willing to participate in a maintenance agreement to the extent of our use and in accordance with District policies (see attached) . Beyond response to some specific emergency such as a fire or injury that would be most quickly accessible from this entry, patrol access at Olive Tree Lane would allow us to complete a loop through the property more quickly. Depending on conditions, this might mean that one of our vehicles would pass down the road one way approximately three to five times per week. Based on further discussions with John Escobar regarding the gate, our preference would be to install one of our standard pipe gates and stiles in the interior of the preserve property, near the first trail junction, provided that this can be installed so that vehicle access is blocked (see attached map) . This gate would be signed to keep the public from heading toward your neighborhood, with additional signing at your gate to prohibit public entry. Y II 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:Fete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit f Page 2 Your gate and fencing would be retained in the configuration you prefer. We would ask that we be allowed to keep a lock on the gate, along with the other agencies responsible for patrol and emergency services. John would prefer that our gate is not used to support the extensions and chain link attachments if the District is to share maintenance responsibility for the gate. We neglected to remind you on Saturday that the District Board is scheduled to officially dedicate the Vidovich property as part of the Rancho San Antonio Open Space Preserve at its regular meeting on Wednesday February 10, starting at 7:30 at our administrative offices. I would like to reiterate our commitment to being good neighbors to the residents of Olive Tree Lane, and all others who border our preserves. I encourage you to contact me or other staff members if you have comments or questions on these or any other issues. Please let me know your intentions regarding the gate. Sincerely, Randy nderson, Planning Manager RA:ss cc: Board of Directors Craig Britton John Escobar Diane Blackman Sheryl Cochran I b tty MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Policies for Road Maintenance Agreements Adopted By Board of Directors June 23 , 1982 1. Midpeninsula Regional Open Space District shall only enter into road maintenance agreements which are consistent with existing goals and policies of the District, including protection of the natural beauty and ecological balance of any District lands in- volved. The agreements must take into account minimizing District costs over time, both for repair and maintenance as well as to minimize fire hazards, litter, unwarranted noise , erosion, negative visual impacts, disturbance of wildlife and vegetation, illegal vehicular use, and any other negative consequences of road im- provement. Site use and management- plans shall address desired access road Standards, repair, and improvement and shall identify other usage. 2. The District shall encourage road repair or maintenance to achieve a minimum rural standard necessary for District use. This is in- tended to discourage impervious surfacing , over-engineering, the extensive use of cut and fill or unwarranted vegetation removal along District-owned or access-easement roads, unless such work is considered necessary due to extreme grade or some other unusual or hazardous circumstances. Where another participant (s) in an agree- ment wants a higher level of road improvement (e.g. , asphalt surfacing). or maintenance without a demonstrated need of or benefit to the District, that party or parties shall bear the additional cost. The burden of proof that a higher level of road improvement is necessary or beneficial to the District and would in fact save ;the District money over time shall rest with the party desiring that improvement. Where an existing road is above the standards necessary for District use, participation by the District will be considered on a . case, by case basis. Every effort should be made to utilize preventative Maintenance methods on the roads, including keeping drainage channels open and in good repair, trimming of encroaching or disruptive vegetation, regularly scheduled grading, and using of crushed rock _or rip rap as necessary for stabilizing road base problem areas. 3. Road maintenance agreements entered into by the District will normally be legally binding documents. If the total cost of a given proposed road maintenance project is greater than $5000, the proposed agree- ment shall be presented to the Board for approval. The determination for the District on what form the agreements should take shall be made by the General Manager or designee with advice from District Legal Counsel. C,j-� IIIUCL1_ '"'tj c L_"v / 4. District participa on in its share of costs repair and mainten- ance for a mutually. used roadway shall be inade on vehicle usage by District personnel, the public permitt ed* by District, and District tenants. Access roads to District lands shall be gated where general public vehicular use is not allowed; the District' s share of road maintenance shall not include the factor of general public vehicular use when other parties to a road agreement wish to have the road ungated and the District consents. The percentage *share for payment shall ordinarily be determined by using the average number of vehicle trips per month made over the measured length of mutually utilized road. Where damage is caused by circumstances other than use, the sharing of the expenses shall be negotiated on a case by case basis. Equestrian, pedestrian, or bicycle usage shall not normally be considered for determining participation in costs for road repair. However, if that usage is shown by the party concerned to have a significant detrimental effect on repair and maintenance costs, the party responsible for the detrimental effect shall pay the extra costs. 5. All road agreements shall be made for a period of at least one year, and contain provision for periodic review of usage figures and District cost shares. CIVIL CODE OBLIGATIONS OF LIFE TENANTS 1984 Note: This act applies to property acquired before, premises to persons entering for such purpose, §846.5. Access i the nature of a in. or after the operative date of the act. stats 1984 ch. 241 feet In height §2. except as provided in this section. Surveyors—Mon Ref.-Cal Fms Pl, & Pr., "Adjoining Landowners... "Joint A "recreational purpose," as used in this sec- Right-of-Way, or the purpose TenancY, and Tenancy in Common." tion, includes such activities as fishing, hunting, (a) The right it of adjoining camping, water sports, hiking, spelunking, sport to investigate an( y owner or oc" §844. Enacted 1935. Repealed 1943 ch 368, parachuting, riding, including animal riding, to perform surve 'd either in his estate by such snowmobiling, and all other types of vehicular authorized to pro riding, rock collecting, sightseeing, picnicking, be the responsibl i i es against its §845, Owner of Right-of-Way Easement to nature study, nature contacting, recreational gar- own,, or controls art 3, Division Maintain It in Repair—Right of Owner to Apply dening, gleaning, hang gliding, winter sports, and access without in to Court to Apportion Cost—Railroads Not viewing or enjoying historical, archaeological, not contingent ul 19 Landowners,' Subject. scenic, natural, or scientific sites. to the owner or (a) The owner of any Casement in the nature of I An owner of any estate or any other interest in tenant shall be i) a private right-of-way, or of any land to which real property, whether possessory or nonposses- entry where praci abed 1943 ch. any such easement is attached, shall maintain it in repair,, use who gives permission to another for entry or (b) The requirt use for the above purpose upon the premises does apply to Monul (b) If the easement is owned by more than one not thereby (a) extend any assurance that the portions of freew: person, or is attached to parcels of land under premises are safe for such purpose, or (b) consti- (c) When requ Possession different ownership, the cost of maintaining it in tute the person to whom permission has been unients within a I repair shall be shared by each owner of the case• granted the legal status of an invitee or licensee to erenced to usabl, nctirrently by, ment or the owners of the parcels of land, as the whom a duty of care is owed, or (c) assume re- trol line by the of possession case may be, pursuant to the terms of any agree. sponsibility for or incur liability for any injury to the freeway when ssession by a ment entered into by the parties for that purpose, person or property caused by any act of such per- istered civil engi r provided in If any owner who is a part), to the agreement re. son to whom permission has been granted except who is to perforn apply to the fuses to perform or fails after demand in writing as provided in this section. shall be done wit s not entitled to pay the owner's proportion of the cost, all ac. This section does not limit the liability which the agency in dirt IY is provided tion for specific performance or contribution may otherwise exists (a) for willful or malicious failure or surveyor and a1 tween the Co. be brought against that owner in a court of com- to guard or warn against a dangerous condition, ch. 435, 1982 ch, he cotenancy petent jurisdiction by the other owners, either use, structure or activity; or(b) for injury suffered Ref.:Cal. Fms Pl., indicates the jointly or severally. in any case where permission to enter for the le Cotenants, Q In the absence of an agreement, the cost above purpose was granted for a consideration §846.6. Enacted lot limit any shall be shared proportionately to the use made other than the consideration, if any, paid to said ay be estab- of the casement by each owner. landowner by the state, or where consideration §847. Immunity Any owner of the easement, or any owner of has been received from others for the same pur- Liability to Persc q serve on a land to which the easement is attached, may ap- pose; or (c) to any persons who are expressly in- While Committin, d for Concur. Ply to any-court where the right-of-way is located vited rather than merely permitted to come upon (a) An owner, "Alien de- and that has jurisdiction over the amount ill Con. the premises by the landowner, public entity, as this section troversy for the appointment of all impartial arbi. Nothing in this section creates a duty of care or Government Coot rrent posses- trator to apportion the cost. The application may ground of liability for injury to person or prop- terest in real pi an. Service of be made before, during, or after, performance of erty. Leg.H. 1963 ch. 1759, 1970 ch. 807, 1971 nonpossessory, s) in the same the Maintenance work, If the arbitration award is ch. 1028, 1972 ch. 1200, 1976 ch. 1303. 1978 ch. for any injury c civil action, not accepted by all of the owners, the court may 86, 1979 ch. 150, 1980 ch. 408, 1988 ch. 129. property during er service is enter a judgment determining the proportionate Ref.: Cal. Fms Pl. & Pr., "Adjoining Landowners," mission of any of [it in posses- liability of each owner. The judgment ma be en. "Premises Liability"; W. Cal. Sum., "Torts" §§163, 761, sion (b)by the in. y 912-917. , nconditional forced as a money judgment by any party against (b) The felonit, Y to the ten- any other party to the action. section apply ar, (d) The provisions of this sect,o,, do not apply §846.2. Owner,Tenant, or Lessee Not 0 voluntary mans], -of-i,vay held or used by railroad common Land to Glean Farm Products for Charitable (4) sodomy by fo roster estab. to rights Responsible for Injuries to Person Invited Onto ass threat of great b asserted by carriers subject to the jurisdiction of the Public by force, violenc, ,ion. Leg.H. 1939 ch, 7.55, 1985 for posses. Utilities Commission. Purposes. another ap- ch, 985. No cause of action shall arise against the great bodily ham t to any ap. Wt.:Cal, Fins Pl. & Pr., "Adjoining 1-ando"ners," "Ease- owner, tenant, or lessee of land or premises for the age of 14 yea rnents,,* injuries to any person who has been expressly in- death or imprisor, ,s the coten- vited on that land or premises to gledn agricul. (8) any other 1`6 tural or farm products for charitable purposes, flicts great bodil demand is §846. Owner's Liability to Recreational Users. unless that person's injuries were caused by the than an accompl, property or An owner of any, estate or any other interest n i gross negligence or willful and wanton miscon- defendant uses a fight of pos- real property, whether Possessory or nonposse's duct of the owner, tenant, or lessee. The immu- (10) assault with vent of reo. sory, owes no duty of care to keep the premises nity provided by this section does not apply if the bery; 0 1)assault 'on, or any safe for entry or use by other,, for any recreational owner, tenant, or lessee received any consider- ment on a peace lie. Leg-H. purpose or to give any warning of hazardous con• ation for permitting the gleaning activity. Leg.H, oner on a nonini: ditions, uses of, structure.,,, or activities on such 1988 ch. 1062. weapon by an in? Edward and Idonna Snow 24871 Olive Tree Lane Los Altos Hills, CA 94024-6427 Ted Wuerthner 24874 Olive Tree Lane Los Altos Hills, CA 94024-6427 Arthur and Shiela Stabenow 24877 Olive Tree Lane Los Altos Hills, CA 94024-6427 James Mitchell 24886 Olive Tree Lane Los Altos Hills, CA 94024-6427 Farouk Arjani 24892 Olive Tree Lane Los Altos Hills, CA 94024-6427 Jean Kirk 24898 Olive Tree Lane Los Altos Hills, CA 94024-6427 Michael Gardner 685 Pastoria Sunnyvale, CA 94086 Richard and Sandra Pospisil 24749 Olive Tree Lane Los Altos Hills, CA 94024-6427 Albert and Lillian Augustine P. O. Box 655 Los Altos, CA 94023 Mohammad and Mariam Ghazvini 24808 Olive Tree Lane Los Altos Hills, CA 94024-6427 Robert Pappas 24809 Olive Tree Lane Los Altos Hills, CA 94024-6427 Wayne Ricciardi 24837 Olive Tree Lane Los Altos Hills, CA 94024-6427 Ronald Floria 24855 Olive Tree Lane Los Altos Hills, CA 94024-6427 + M James and Virginia Lockhart 24860 Olive Tree Lane Los Altos Hills, CA 94024-6427 Arie Kurtzig 24863 Olive Tree Lane Los Altos Hills, CA 94024-6427 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FYI. January 15, 1993 c �.5 (� �- LA)a5 Se rA- +o res Arie Kurtzig © OWOe. \1eQ L1Ao... 24863 Olive Tree Lane s Los Altos Hills, CA 94024-6427 Subject: Olive Tree Neighborhood Meeting Dear Mr. Kurtzig: On January 5, 1993, Midperiinsula Regional Open Space District closed escrow for the purchase of the 280-acre Vidovich property in Los Altos Hills. The attached map and excerpt from the October 3, 1991 report to the District Board of Directors describes the new acquisition. The report excerpt also includes preliminary use an manag ement em ent recommendations for the site. The g property is 'now part of Rancho San Antonio Open Space Preserve,. This acquisition includes rights of access over Olive Tree Lane. The District will not be encouraging public access onto the preserve via Olive Tree Lane. However Olive Tree Lane will be used by District staff and contractors to patrol and manage this portion of the preserve. You are invited to attend a neighborhood meeting on Saturday, January 30, 1993 . The meeting will begin at 2 :00 p.m. at the home of Jean Kirk, 24898 Olive Tree Lane. District staff will share ideas about gates, fencing, and signs at the end of Olive Tree Lane. We welcome your participation. Sincerely, Sheryl Marioni Cochran Open Space Planner SMC:ss Attachments 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:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i TO: Board of Directors FROM: H. Grench, General Manager DATE: February 5, 1993 SUBJECT: F. Y. I . i 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:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Fla nko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 28, 1993 Honorable Supervisor Mike Honda Board of Supervisors Santa Clara County County Government Center - East Wing 70 West Hedding St. San Jose, CA 95110 Re: Jamison Subdivision, Negative Declaration Inadequacy Dear Supervisor Honda: We urge you to require that an environmental document be prepared that addresses the cumulative impact of development of this 811 acre property. The objectives of . preparing an EIR are not to obstruct development, but to determine whether impacts will occur and to allow the uses to be planned so that impacts are mitigated to the best extent possible. The study that has taken place to date is inadequate to make this determination. The presence of mountain lions and other species of special concern, such as the coopers and sharpshinned hawks, and the mountain kingsnake, has been well documented on the property. The presence of serpentine meadows indicates that the property may support the federally-endangered bay checkerspot butterfly, which has not been investigated beyond the two proposed three acre building sites. If these and other resources on the site are to be protected, the cumulative impacts of the development of the entire 811 acre property must be studied prior to subdivision of the -property. In addition, the impacts of new agricultural uses of the proposed 160 acre parcels must be addressed. Uses that are permitted within the hillside zone include corrals, pastures, barns, greenhouses, storage buildings, vineyards, orchards and ornamental landscaping. The owners of the proposed lots are likely to exercise their rights fo keep horses and cattle and undertake other permitted activities which could impact resources well beyond the three acre building sites. A negative declaration is not appropriate for this project because, (1) this property is located within an area of special environmental concern, (2) the physical and biological features of this property make it unique, (3) there is fair argument that the project may have a significant adverse environmental impact, and (4) the project definition was overly narrow, failing to account for (a) cumulative impacts caused by development of the remainder of the property and (b) effects of development and agricultural use beyond the building sites. 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:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Page 2 CEQA guidelines state that if the LeadAgency,is-presente&with a fair argument that a project may have a significant effect on the environment, the Lead Agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have an effect. (Guidelines 15064(g)). The biological consultant for the project proponent limited his analysis to the effects of two approximately three acre homesites. The Department of Fish and Game and other qualified biologists have expressed concern that the cumulative impacts will cause significant adverse effects. Where experts disagree about the significance of an effect on the environment the Lead Agency must require an EIR. (Guidelines 15064(h)). In any case the experts do not truly disagree, as the proponent's consultant limited his analysis to the two homesites, and did not consider impacts outside the homesites or future development on the property. Please support the requirement of an adequate environmental impact report on this project. Sincerely, Herbert Grench General Manager HG:ss cc: Board of Supervisors: p e sors: Zoe Lofgren Ron Gonzales Ron Diradon Diane McKenna Leode Franklin, County Planning Director Board of Directors, MROSD Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1993 Gary K. and Susan L. Conway 5 Las Piedras Portola Valley, CA 94028 Dear Mr. and Mrs. Conway: The Board of Director's of the Midpeninsula Regional Open Space District considered your letter of December 30, 1992 relative to the proposed Blue Oak Subdivision development of the Portola Valley Partners property. The development proposal is apparently for 39 residential lots coupled with private open space, somewhat similar to the adjacent Portola Valley Ranch development. This property does not connect with any existing District holdings, but we are sympathetic to any local efforts to preserve portions, or all of this land, as permanent local open space. Because of the District's focus on regional open space projects and the present lack of funds, we cannot offer any District acquisition money. Since the District has no regulatory or zoning powers, the fate of the ultimate use and/or development of this property is up to the neighboring communities and citizens. Sincerely, ;r Betsy Crowder 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 or Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder.\Vim de Wit Open Space t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1993 F Michael B. Jacobs, M.D. 614 Los Trancos Woods Road Portola Valley, CA 94028 Dear Dr. Jacobs: The Board of Director's of the Midpeninsula Regional Open Space District considered your letter relative to the proposed Blue Oak Subdivision development of the Portola Valley Partners property, also known as the former Mariani property. Also, at our meeting of January 28, 1993, members of the Committee to Save the Mariani Ranch, gave us an excellent presentation on the property and its desirability for preservation' as permanent open space. While this property does not connect with any District holdings, we are certainly sympathetic to any local efforts to preserve portions, or all, of this land as permanent open space. Because of the District's focus on regional open space projects and the present lack of funds, we cannot offer any District acquisition money. However, we have directed staff to work with the committee on funding alternatives, which we hope will prove to be fruitful. The District might be willing to participate in the management of the property, or even hold title, should it be acquired as a result of local preservation efforts. Sincerely, 1 � Betsy Crowder 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 e General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 28, 1993 Daniel Bernstein 911 S. Eldorado San Mateo, CA 94402 Dear Mr. Bernstein: At their regular meeting on January 27, the District's Board of Directors reviewed your recent letter concerning dogs on District preserves. We understand your desire to be able to have your dog accompany you on the trails. We do allow dogs on leashes in five of the District Preserves (see info enclosed) . At present, the District limits dog access based upon a wide range of public opinion and information. The Trail Use Guidelines did not attempt to address the issue of dog use, which tends to relate to a different set of issues than other types of trail use. 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, Betsy Crowder Pres�i'dent Board of Directors BC:ej 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:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i i Recommendations of State Treasurer Brown Regarding Local Agency Debt and the Property Tax Shift 1. Enact constitutional and statutory measures to protect existing debt and encourage investment in local infrastructure. 2. Repeal two-thirds (2/3)vote requirement for local general obligation bonds - - simple majority. 3. Create a State Infrastructure Bank to provide loans and grants to local agencies. Plan for receipt of as much as $2 billion of federal revenues under President-elect Clinton's announced revenue-sharing program. 4. Create a task force of local officials to work with the Legislature on how to implement further property tax shifts. Legislature would set the amount of property tax revenue to be shifted, while the task force would recommend how to implement the cuts. 5. Legislation should be enacted allowing LAFCOs to initiate consolidation and other reorganization proceedings. Brown referred to the "5,000 special districts" and the need to consolidate. 6. State Budget should encourage fiscal efficiencies. Perhaps a local agency that can document savings through consolidations, etcetera, should have less property tax revenue shifted than agencies that have realized little savings. 7. Redefine the role and function of redevelopment agencies. revisit he 35 0-10 0 Finally, Treasurer Browns report urges the Legislature to t % % as it will produce 100- 150 million less than the $375 million required. formula $ $ P q (1R /kmg II Michael B. Jacobs, M.D. 614 Los Trancos Woods Road Portola Valley, CA 94028 Lina Swisher and Daniel Rubin 15 Pomponio Portola Valley, CA 94028 Joan Warmbrunn 107 Ramona Road Portola Valley, CA 94028 Jerry Hearn 144 E1 Nido Road Portola Valley, CA 94028 Marguerite Thayer 21 Old Spanish Trail Portola Valley, CA 94025 Waltraud Finch 800 Westridge Drive Portola Valley, CA 94028 Eleanor M. Ferrari 150 Willowbrook Drive Portola Valley, CA 94028 H. Ward Trueblood, M.D. 2204 Grant Road, Suite 203 Mountain View, CA 94040 Frances Bioletti 1087 Los Trancos Road Portola Valley, CA 94028 Sara Timby Santa Clara Valley Chapter, CNPS 621 Knoll Drive San Carlos, CA 94070 Triona M. Watson Los Altos Hills Horsemen's Association P. O. Box 425 Los Altos, CA 94023-0425 William M. Rogoway Vista Verde Community Association 266 Old Spanish Trail Portola Valley, CA 94028 Charles R. Engles 5 Wintercreek Portola Valley, CA 94028 pen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AP-93-01 ADMINISTRATIVE POLICY February 2, 1993 TO: Non-Represented District Employees FROM: H. Grench Gene ral Manager SUBJECT: Administrative Guidelines for Flexible Work Schedules for Nonrepresented Employees Effective immediately, the following administrative guidelines for flexible work schedules will apply for District nonrepresented employees: 1. Flexible work schedules may be worked out on a case-by-case basis between the individual employee, supervisor, and program manager, for review by the management team. 2 . Proposed arrangements for flex time will be reviewed and confirmed by the management team to ensure that there is fairness, consistency and coordination in their application, and that negative impacts on other departments are avoided. 3 . Supervisors and program managers are responsible for ensuring that flexible work schedu les d• not adversely impact work productivity or responsiveness to the public or other outside agencies. If there is doubt, then flex time should be limited or avoided. 4 . Flex time proposals and schedules should be reviewed regularly against event and meeting schedules and assignments to ensure that there is no interference. It is the joint responsibility of the supervisor or program manager and the employee to perform this review, and to give adequate notice (generally one week) of any needed change in, or deviation from, the schedule. 5. When there are conflicts between the proposed flex time and needs for attendance during normal working hours, the normal hours should take precedence. 6. The normal working hours are 8: 30 to 5:00, Monday through Friday , with a half hour for lunch. Y� 7. In specific short-term temporary situations e. . attendance P P Y ( g at a class) , if it can be determined that adverse impacts will be avoided or mitigated, a wider range of flexible hours may be acceptable. I 1 8. At this time, a ten hour day, four day work week and a 9 hour day with a day off every other week are not acceptable as flex time options because of impact on continuous employee coverage and interface, and because of difficulties in administration, fairness, and perceived fairness. 9. Flex time is a privilege that may be granted based on at least the following qualications: a. Proven reliability and punctuality in attendance and work productivity. b. Flex time schedule does not inhibit direct responsiveness to day-to-day operation or administration duties. C. Not required to attend meetings, be on-site or interface with others during the flex period to support productivity. 10. The review process for consideration of individual employee participation in the flex time program shall include a review of the following factors for each position: a. The of the normal work day or work week which proportion requires communication or coordination with members of the , general public, employees of various outside organizations, or personal contact with other District staff members. b. The nature of the tasks such as field work that requires travel time; research and writing or similar tasks that require little or no coordination with others; generation of work product created by others, such as typing materials produced by other staff members; consulting, supervising and other tasks that require coordination with others; tasks that need to be completed during the operation hours of other organizations; and tasks that must be completed after traditional work hours. C. The degree to which the ability of one employee to produce work is dependent upon the regular presence of another employee. d. The extent to which the postion is dependent upon the District being "open for business. " 11. The flextime program shall be initiated on a six-month trial basis, jWith status review at three months and at six months. The ulfimate decision to continue the program on a permanent basis "will be made by the general manager, in consultation with the employee steering committee and the management team. Open Space 1 z MIDPENINSULAARREGIONAL OPEN SPACE DISTRICT February 5, 1993 Edward and Idonna Snow 24871 Olive Tree Lane Los Altos Hills, CA 94024-6427 Subject: Access Issues, Olive Tree Lane at Vidovich Property Dear Mr. & Mrs. Snow: Sheryl, Annette and I appreciated the chance to meet with you last Saturday to talk about your needs with respect to the control of access and the type of gate on your street. I have relayed your comments to Craig Britton, Assistant General Manager, and John Escobar, Operations Manager. In response to Your request, we will prepare a summary of the legal basis for our belief that we have the right and responsibility for patrol access on Olive Tree Lane. Due to current workload, it may be a . few weeks before you receive this. Although our research indicates that• there may be, a question about the legal right of the public to have access on Olive Tree Lane, we see no reason to get into a debate on this point because we can see no circumstance under which we would promote public access. Our use of Olive Tree access would vary depending on trail conditions, visitor use levels, and your specific concerns about the frequency of use. We are willing to participate in a maintenance agreement to the extent of our use and in accordance with District policies (see attached) . Beyond response to some specific emergency such as a fire or injury that would be .most quickly accessible from this entry, patrol access at Olive Tree Lane would allow us to complete a loop through the property more quickly. Depending on conditions, this might mean that one of our vehicles would pass down the road one way approximately three to five times per week. Based on further discussions with John Escobar regarding the gate, our preference would be to install one of our standard pipe gates and stiles in the interior of the preserve property, near the first trail junction, provided that this can be installed so that vehicle access is blocked (see attached map) . This gate • would be signed to keep the public from heading toward your neighborhood, with additional signing at your gate to prohibit public entry. Open Space . . . for room to breathe - 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Page 2 Your gate and fencing would be retained in the configuration you prefer. We would ask that we be allowed to keep a lock on the gate, along with the other agencies responsible for patrol and emergency services. John would prefer that our gate is not used to support the extensions and chain link attachments if the District is to share maintenance responsibility for the gate. We neglected to remind you on Saturday that the District Board is scheduled to officially dedicate the Vidovich property as part of the Rancho San Antonio Open Space Preserve at its regular meeting on Wednesday February 10, starting at 7: 30 at our administrative offices. I would like to reiterate our commitment to being good neighbors to the residents of Olive Tree Lane, and all others who border our preserves. I encourage you to contact me or other staff members if you have comments or questions on these or any other issues. Please let me know your intentions regarding the gate. A Sincerely, R! nderson, Planning Manager RA:ss cc: Board of Directors Craig Britton John Escobar Diane Blackman Sheryl Cochran Edward and Idonna snow 24871 Olive Tree Lane Los Altos Hills, CA 94024-6427 Ted Wuerthner 24874 Olive Tree Lane Los Altos Hills, CA 94024-6427 Arthur and Shiela Stabenow , 24877 Olive Tree Lane Los Altos Hills, CA 94024-6427 James Mitchell 24886 Olive Tree Lane Los Altos Hills, CA 94024-6427 Farouk Arjani 24892 Olive Tree Lane Los Altos Hills, CA 94024-6427 Jean Kirk 24898 Olive Tree Lane Los Altos Hills, CA 94024-6427 Michael Gardner 685 Pastoria Sunnyvale, CA 94086 Richard and Sandra Pospisil 24749 Olive Tree Lane Los Altos Hills, CA 94024-6427 Albert and Lillian Augustine P. O. Box 655 Los Altos, CA 94023 Mohammad and Mariam Ghazvini 24808 Olive Tree Lane Los Altos Hills, CA 94024-6427 Robert Pappas 24809 Olive Tree Lane Los Altos Hills, CA 94024-6427 Wayne Ricciardi 24837 Olive Tree Lane Los Altos Hills, CA 94024-6427 Ronald Floria 24855 Olive Tree Lane Los Altos Hills, CA 94024-6427 i James and Virginia Lockhart 24860 Olive Tree Lane Los Altos Hills, CA 94024-6427 Arie Kurtzig 24863 Olive Tree Lane Los Altos Hills, CA 94024-6427 it MEMORANDUM February 4 , 1993 TO: All Staff FROM: Deirdre Dolan, Safety Committee Chairperson SUBJECT: Back Care Training Class The Safety Committee is pleased to announce a new Safety Awareness Program, which will consist of approximately 3 seminars per year on safety-related topics . The first seminar will be on the topic of back care, and will be offered in two separate sessions for field staff and office staff . Office staff are strongly encouraged to attend the office staff back training class, and field staff are required to attend the field staff back training class . Participants will learn anatomy of the spine (neck and low back) , proper posture and body mechanics plus strengthening and flexibility exercises. The format for the program is lecture, demonstration, and active participation in postural correction and proper body mechanics . There will also be job task simulation and a question and answer session. OFFICE STAFF back care training class is set for: Friday, February 19, 1993 11 : 00 to 12: 00 Board Room The emphasis of the class will be on workstation design (placement of computer, telephone, etc. ) , and fitting chairs . FIELD STAFF back care training class is set for: Friday, February 19, 1993 1 :00 to 2:00 Rancho Annex The emphasis of the class will be on lifting mechanics, including P g lifting awkward objects on uneven surfaces, and proper use and fitting of back support belts . Please let me know if you will be unable to attend the class . r sitive, nega' r no current. each impui, ay be either pc wave been combined with the The start and stop impulses J nd fourth impulses. The first impulse of a character first and fourth impulses. The first impulse of a ch a al cts as a start signal and also indicates whether the signal acts as a start signal and also indicates whe et ious selected character shall be printed in the upper or previously selected character shall be printed in th upp- .r case. The last three impulses indicate the character to lower case.The last three impulses indicate the aractr ,rinted, e last impulse also acting as a stop impulse. be printed, the last impulse also acting as a top imps receivin echanism is so arranged that having com to The receiving mechanism is so arranged ving coi at the last impulse it will remain so until a rest at the end of the last impulse it so un al of a perative condition is received. That is, signal of a different operative con( c ed. The e last si f no current character the next signal if the last signal was of no current ch next si; Id have positive or negative, if positive the would have to be either positive or a ositive irst signal of the next haracter would be negative or no first signal of the next character ould be negative or nc :urrent, and if the last si al was negative the next signal current, and if the last signal w s negative the next signal ,vould be positive or no curr t. would be positive or no Curren . The first signal of a chars er as previously mentioned The first signal of a cha cter as previously mentionec serves also to indicate whether e previous character is in serves also to indicate wh ther the previous character is it the uppercase or -- _--- --_:..:__ _ :_ .� _ _ _..w_ _-_-_- Tom_ ----iving mechanism s arranged to poi je first impulse is Df a positive char ower case if a nc :urrent impulse e of the previous :haracter be pose signal will cause the character to b ;e and should the fourth signal be a following impulse f of a negative tyF : sm to print in the r",0:` ower case. . While the code Tor operating ine printer uescrioe riererri vrnu uie cuue iur uperauug the printer described herein may originate at a keyset and be transmitted without ans- may riginate at a keyset and be transmitted without trans- formation, it is believed that the use of the well kn wn for ation, it is believed that the use of the well known perforators and tape transmitters may be desirable from rforators and tape transmitters may be desirable from an economic point of view,therefore, mechanisms for decodin@ economic point of view,therefore, mechanisms for decoding the six unit code therefrom, recoding and retransmitting it the six unit code therefrom, recoding and retransmitting it in the new form are disclosed herein. n the new form are disclosed herein. each impulse may be either positive, negative or no current. each impulse may be either positive, negative or no current. The start and stop impulses have been combined with the The start and stop impulses have been combined with the 'irst and fourth impulses. The first impulse of a character first and fourth impulses. The first impulse of a character Signal acts as a start signal and also indicates whether the signal acts as a start signal and also indicates whether the oreviously selected character shall be printed in the upper of previously selected character shall be printed in the upper or ower case.The last three impulses indicate the character tc lower case.The last three impulses indicate the character tc oe printed, the last impulse also acting as a stop impulse, be printed, the last impulse also acting as a stop impulse. The receiving mechanism is so arranged that having com tc The receiving mechanism is so arranged that having com to DAT TEST MACH. LEAD EDGE TEST ORIGI L SETTING F051-00 0 the upper case or the lower cyse. The receiving mechanism the upper case or the lower c se. The receiving mechanism is arranged to print in the per case if the first impulse is is arranged to print in the upp case if the first impulse is of a positive character a to print in the lower case if a nc of a positive character and to pri in the lower case if a nc -urrent impulse. Shoul the fourth impulse of the previous current impulse. Should the fourth 'mpulse of the previous ratter b hen a negative first signal will cause character be positive, then a negativ I will ca charact inted in the upper case and should the the character to be printed in the upper should th sign current impulse, the following impulse fourth signal be a no current impulse, t ng imp a nega ill cause the mechanism to print in the if of a negative type will cause the mec print in ,r case. lower case. hile the ode for operating the printer described hereir While the code for operating the printer des ibed he origi ate at a keyset and be transmitted without trans may originate at a keyset and be transmitted wit out to Tati , it is believed that the use of the well known formation, it is believed that the use of the we kn o tors and tape transmitters may be desirable from an perforators and tape transmitters may be desirable f n omit point of view,therefore, mechanisms for decodin€ economic point of view,therefore, mechanisms for dec ecoding and retransmitting it the six unit code therefrom, r -- - _--- — harain in the new form are disclosed J. Open Space 2 - MIDPENINSULA REGIONAL OPEN SPACE-DISTRICT TO: Beard of Directors FROM: H. Grench, General. Manager DATE: February 10, 1993 SUBJECT: F. Y. I . 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 C,enerat Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Win)de Wit � Y CJ-Tax NbAIS 6 posal concern reliance on other government funding sources. To approve development, local officials must be able to The shift of local property tax revenue to schools,mentioned identify a revenue stream to finance increased costs resulting above, is by far the most controversial, and is the larger from development. of the two. The other proposal is an attempt to gain federal Another problem with the property tax shift is that it payment of a large portion of the state's health and welfare would very likely lead to huge local tax and fee increases.Local costs for persons immigrating to California from foreign taxes and foes have already grown at an astounding rate since countries. Proposition 13. A 1991 Cal-Tax research bulletin showed local Property Tax Shift discretionary taxes growing three times faster than inflation during the 1980s. Many of these fast-growing local taxes are Continuing a trend of realigning state and local program very inequitable. The utility users tax, for example,not only funding,this budget proposes to shift to school districts and takes a proportionally larger share of lower-income families' community colleges$2.6 billion of local property tax that cur- budgets,but also seriously harms manufacturers, which tend rently is received by cities,counties and special districts.This to consume larger amounts of energy than other types of would relieve the state of$2.6 billion of its Proposition 98 fund- businesses. ing obligation. Local governments would need to either raise In principle, local tax increases can inhibit economic taxes or reduce spending to make up for the loss of property growth just as much as state taxes. In this case,however,the tax' proposal could be worse than a state tax increase, since it The amount of this property tax shift goes beyond reversal would likely have an adverse impact on development. of the so-called"AB 8 shift"of 1979 that redirected property tax away from schools in order to"bail out"local governments Seeking Federal Funding from the effects of Proposition 13.This shift would take pro- The budget calls for the federal government to provide over perty tax that has historically belonged to a local government $1.2 billion in reimbursement for state health and welfare costs and use it to underwrite the state's share of school funding incurred for services to immigrants.Over the past decade,the guaranteed by Proposition 98. federal government mandated that states provide certain Problems with a property tax shift. During last year's health and welfare services to refugees and newly legalized budget debate,Cal-Tax and other business organizations op- immigrants.For some of these costs,Congress committed that posed the shift of$1.3 billion in local property tax to schools. offsetting federal funding would be available.Funding has not Foremost among the reasons was the adverse impact such a been provided as the law provides. The governor's budget shift could have on economic development. assumes that Congress will provide those funds in the budget Cities and counties rely on the property tax to help pay year. Furthermore, the budget assumes that Congress will for the costs of accommodating new development. If a large recognize that other mandated services for immigrants(for portion of their property tax is taken away,local governments which no funding promise was made) should also be funded would have a diminished incentive to approve projects that by the federal budget. are vital to the state's economic growth. If sales tax revenue The federal budget is now estimated to be about $300 becomes a more important local revenue source than property billion in deficit. Such a severe federal spending crisis is like- tax,only sales-rich projects, such as shopping malls and auto ly to limit Congress in funding even the obligations that they malls, might be considered desirable development. Job- have committed to in the past. It is unlikely that federal fund- producing businesses, such as manufacturing facilities,which ing will be provided for additional programs that have never would provide more in property tax than sales tax revenue, included a promise of reimbursement. would be less likely to be approved. The Big Picture State Spending and Recent Shifts The current fiscal year promises to bring the first reduc- P 9 tion in general fund state spending in recent history.But with (Dollars In Bllllons) Figure 4 recent funding shifts and movement towards greater fee fund- ing for many state agencies,it is instructional to look at total - — - -- -- state spending— general and special funds— plus announts $c�o that have been shifted to other funding sources in recent budgets. Figure 4 shows this trend for recent years. The $50 1991-92 state-county realignment of health and welfare respon- sibility is reflected in special fund spending,since the revenues $40 " for realignment are collected as special funds and then subven- ed. The property tax shifts of$1.3 billion in the current year and $2.6 billion proposed for 1993-94 are shown, as well as S30 f' the proposal to obtain federal funds for programs now in the f. general fund. $20 Figure 4 makes clear that spending will take a momentary dip in the current year but will once again increase with the new budget. so 8586 8687 87-88 88-89 89-90 9091 91-92 92.93 93-94 Proposed [Genend Fund ■GF SpwWWV ShiNed b properly Tu ®GF Spendhp Shred b raderol FundeEj SpecW Funds Source:Gaverree sudpet Summarise Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 9, 1993 -��• 1 \\�� �� Honorable Supervisor Mike Honda Board of Supervisors Santa Clara County County Government Center - East Wing 70 West Hedding Street San Jose, California 95110 Subject: Trail Easement Dedication on Proposed Tentative Map and Negative Declaration for Jamison Two-Lot Subdivision (File No. 260-41-45-91S) Dear Supervisor Honda: The Midpeninsula Regional Open Space District (District) would like to respond further to the proposed Negative Declaration for the Jamison two-lot subdivision. The District has previously expressed concern over potential environmental impacts the subdivision will have on vegetation,-wildii-fe-and-viP_wshedY: ihn addition; -we would , like to comment on Lthe s.igni-fic ant cimpact--sthe.:.proposecLLISubdivis ion ,k. will have on the implementation.-of the_Bay.Area-Ridge. Trail. This is an issue we believe..would_be_appropriate-_to address _in an EIR. In reviewing planning issues relating to the Bay Area Ridge Trail, x 3 ;e it is apparent that--the proposed subdivision-pay..seriously_,inhibit the District and _,the _ County- (and for that--, matter all other interested public ;and-~ rivate rou s from :e©nnecti n the Ridge P P g P ) g, g Trail between Sierra Azul Open Space Preserve and Almaden Quicksilver Park. If the subdivision is approved without- a--viable ' - alignment for the Ridge Trail, it may necessitate revising the Ridge Trail Plan and seeking a new alternative corridor. Given the rugged nature of the surrounding terrain, an alternative corridor may not be achievable, and a substantial amount of public funds have been expended to acquire lands along the existing corridor. The Bay Area Ridge Trail corridor was carefully aligned through the diligent efforts of a citizen task force in conjunction with the Bay Area Ridge Trail Council. The proposed corridor was selected due to it accessibility between Sierra Azul and Almaden Quicksilver Park. We believe the alignment was strategically located for a number of reasons; 1) The Bay Area Ridge Trail is planned to be a well travelled multiple use trail (hikers, equestrians, bicyclists) requiring trail widths of at least six feet and grades less than 15%. These standards are only achievable in the vicinity of Jacques Ridge due to the gentle terrain. 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:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit Page 2 2) Alternative alignments to the north and south of Jacques Ridge have extremely steep and unnegotiable slopes that would require extensive grading, causing disruption to Guadalupe or Almaden watersheds and wildlife habitat. Multiple use trail standards could not be met which would prohibit certain trail users from using the regional trail. 3) Woods Road atop Jacques Ridge affords an existing trail route that is very direct and will require no grading and minimal impacts on erosion and wildlife habitat. It is a natural extension of the existing portion of the Ridge Trail that nearly connects to Lexington Reservoir Recreation Area. The Bay Area Ridge Trail Plan has been endorsed by a multitude of local, county and regional agencies including the Midpeninsula Regional Open Space District Board of Directors and Santa Clara with them the foresa t ��Ws Abe"i�r"ev7thee endorsements�Earryfn=� ., County Board. of "Su1Ser�r� o gh to5-, incorporateiathe,-ctra,il, corm domidnto- , _ District-and'-Count}, planning..-.efforts. ,w4en.p_ossible. The BaylArea Ridge Trail Plan_..should___be _recognized _as a vita l,1y___ important regional planning tool in its current state and eventually strengthened by its incorporation into the Trails and Pathways Element of the :County!a,a GeneraLi-Plan,iL. . Over..-the past .two gears;.=A4the= District£-- as,.supported the goals Yof d the° Bay Area Ridge ' Trail Plan through our' efforts to provide a regional trail connection between Sierra 'Azul Open Space Preserve and Almaden Quicksilver Park. The District has acquired 2 , 100 acres along Woods Road corridor amounting to an expenditure of approximately $3 .8 million. In addition, we have secured a $1 million grant from the State's Habitat Conservation Fund; a grant that potentially is jeopardized by the loss of a major portion of the wildlife corridor. The Bay Area Ridge Trail corridor can be protected by requiring a suitable trail easement through the subdivision process. A suitable easement would be one where the trail could be the proper width and grade to adequately provide for multiple trail use. Woods Road would be most appropriate but alternative routes may be possible depending on further field investigations. Certainly an EIR would consider such an alignment in detail and would be the best approach to planning for this trail corridor. . It is suggested that at a minimum, the alignment be considered by the Santa Clara County Trail Plan Advisory Committee in conjunction with their review of the Trails and Pathways Element of the General Plan. Page 2 2) Alternative alignments to the north and south of Jacques Ridge have extremely steep and unnegotiable slopes that would require extensive grading, causing disruption to Guadalupe or Almaden watersheds and wildlife habitat. Multiple use trail standards could not be met which would prohibit certain trail users from using the regional trail. 3) Woods Road atop Jacques Ridge affords an existing trail route that is very direct and will require no grading and minimal impacts on erosion and wildlife habitat. It is a natural extension of the existing portion of the Ridge Trail that nearly connects to Lexington Reservoir Recreation Area. The Bay Area Ridge Trail Plan has been endorsed by a multitude of local, county and regional agencies including the Midpeninsula Regional Open Space District Board of Directors and Santa Clara County Board. of_"Su'S'e endorsements-=ear-r-y-,-, -- --- with them the - fores- ghtr.rbor,-incorporate-i:the,_ctraia, ,_core dorsaldnto,_ r District,and -Countyiplanning-.-efforts. when:p-ossible. The Bay;.Area Ridge Trail - Plan_.should_he__recognized_..as a vita l).y__important regional planning tool in its current state and eventually strengthened by its incorporation into the Trails and Pathways Element of the _. . " Over a,the- past ,two dears;= the District;has sixpported the goals ,of.. the,. Bay Area I Ridge' Trail Plan through our efforts to provide a - regional trail connection"between -Sierra "Aziil Open Space Preserve and Almaden Quicksilver Park. The District has acquired 2 , 100 acres along Woods Road corridor amounting to an expenditure of approximately $3 . 8 million. In addition, we have secured a $1 million grant from the State's Habitat Conservation Fund; a grant that potentially is jeopardized by the loss of a major portion of the wildlife corridor. The Bay Area Ridge Trail corridor can be protected by requiring a suitable trail easement - through the subdivision process. A suitable easement would be one where the trail could be the proper width and grade to adequately provide for multiple trail use. Woods Road would be most appropriate but alternative routes may be possible depending on further field investigations. Certainly an EIR would consider such an alignment in detail and would be the i best approach to planning for this trail corridor. . It is suggested that at a minimum, the alignment be considered by the Santa Clara County Trail Plan Advisory Committee in conjunction with their - review of the Trails and Pathways Element of the General Plan. Page 3 This process could ensure an alignment that would accommodate multiple trail use, minimize erosion and conflicts between residents and trail users, and ultimately link Sierra Azul Open Space Preserve with Almaden Quicksilver Park. With both the wildlife corridor and Bay Area Ridge Trail at risk, it is our sincere hope that you will consider action that will protect these valuable resources. We urge your determination to prepare an EIR to adequately address potential impacts to the wildlife habitat and Bay Area Ridge Trail project. Sincerely, 411 Herbert Grench General Manager HG:ss cc: .,,-Leode Franklin-,--CoLfnty-!-Planning' Director Board of Directors, MROSD FES 0 519z J. Kevin O'Neill & Darleen Dyer O'Neill 16200 Skyline Blvd. Woodside, CA 94062 415 851-8455 February 3, 1993 Mr. Craig Britton MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Dyers lease agreement on former residence & surrounding property located on La Honda Creek Open Space Preserve. Dear Mr. Britton, The ten year lease agreement will expire on October 17th, 1996. We would like to negotiate a new lease agreement in our names to commence on 10/17/96. My husband ,I and our two boys have enjoyed having the opportunity to live here. As you know my brother, sisters and I grew up here. I loved growing up here! I love seeing our children enjoying the land and growing up learning about nature. It would be wonderful if our children could continue growing up here. Kevin went through the docent training program three years ago, he is always available for La Honda Creek Preserve outings. We are always happy to help direct hikers who are lost or would appreciate information on the preserve. Only on rare occasions are we gone. We have been instrumental in fire prevention and clean up after winter storms. We feel it would be mutually beneficial for our continuing residence here. The preserve "care taker" Paul Houghton is out of the country for months at a time. At present he has been absent since December 5, 1992. In 1992 he was gone 6 months out of the year. In 1991 he was gone 3+ months during the year. Many trips there have been numerous persons covering for Mr Houghton. Their ignorance has caused damage to the water pumping system. Their lack of knowledge about the preserve has not helped inquiring hikers. We would appreciate any consideration you can give to this matter! It's very important to us. Thank You. Sincerely, cc: Board of Directors Darieen Dyer O'Neill cc: Bucky Mace: Real Property Rep. J. Kevin O'Neill i Claims No. 93-03 Meeting 03-04 Date: Feb. 10, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description --------------------------------------------------------------------------------------------------- 3766 34.91 Mountain View Garden Center Field Supplies . 3767 42.80 Stanley Norton January Expenses 3768 352.85 Pacific Bell Telephone Service 3769 17.50 Loro Paterson Reimbursement--Professional Dues 3770 1,271.20 Paul's Draperies Skylight Pleated Shades 3771 114.86 Peninsula Blueprint, Inc. Man Enlargements and Bluelines 3772 50.06 Pilarcitos Quarry Base Rock 3773 1,200.00 Postage by Phone Postage 3774 18.49 Precision Engravers, Inc. Brass Namebadges 3775 90.00 Rabbit Copiers, Inc. Equipment Repair 3776 43.19 Rancho Hardware Field Supplies 3777 2,588.37 Rcy's Repair Service Vehicle Maintenance and Repairs 3778 60.00 Safety-Kleen Solvent Tank Service 3779 1,176.00 San Jose Mercury News Advertisement 3780 10,778.00 Santa Clara Land Title Company Title Insurance--Vidovitch 3781 92.63 Shell Oil Company Fuel 3782 94.89 Skyline County Water District Water Service 3783 465.00 Sunnyvale Electric Electricity--Board Room Automatic Doors 3784 70.00 Sunnyvale Medical Clinic Vaccine--Ranger 3785 54.98 Taylor Rental Equipment Rental 3786 430.82 Tooland Inc. Equipment 3787 178.23 USRentals Equipment Rental 3788 53.99 University Art Center Drafting Supplies 3789 60.00 Valley Title Company Preliminary Title Search i3790 42.76 Value Business Products Office Supplies 3791 69.22 WearGuard Uniform Expense 3792 76.01 WMI Services-Port-O-Let Sanitation Services 3793 123.41 West Publishing Company Resource Documents 3704 107.16 Word Products Office Supplies 3795 316.42 The Workingman's Emporium Uniform dense 3796 227.30 Yardbird Equipment Sales Field Equipment and Supplies Claims ivo. 93-03 Feting 93-04 Date: Feb. 10, 1093 MIDPENINSULA REGIONAL OPEP. SPACE DISTRICT Name Description _----------------------------------------------------------------------------------------------- 3724 74.05 Ace Fire Equipment & Service Recharge Fire Extinguishers 3725 6.50 Allen Equipment Company Equipment Part 3726 174.72 Altos Print & Copy Printing--Docent Newsletter 3727 1,806.36 Alves Petroleum, Inc. Fuel 3728 100.04 Randy Anderson Private Vehicle Exmense 3729 9.65 Barron Park Supply Company Electrical Supplies 3730 546.74 Binkley Associates Consulting Services--Skyline Ridge Water System, 3731 98.00 Boren Associates Subscriotion 3732 330.16 * California Chrysanthemum. Growers Planting Supplies--Volunteer Project "733 149.02 California Water Service Company Water Service ;3734 516.66 Carmel Highlands Doubletree Resort Conference Expense--W.de Wit and P.Sieme-. .3735 100.00 Coast--side Proflame Propane Fuel 31136 280.00 Barrie Coate and Associates Consulting Services--Weeks Driveway 3737 127.90 Annette Colanan Uniform dense - 56.18 Ccmmunication & Control, Inc. Mt. Umznhum Pura <': 8 118.00 * Compass Point Travel Conference Emense--W. de Wit 193.06 Edward L. Corekin Maintenance and Recair--Enterprise ` -'40 30.00 Costco District MembershiD Fee ;'741 26.22 The Darkroom Photographs 3742 1,245.72 Dow Jones & Company, Inc. Advertisement--Public Auction 743 46.00 East Palo Alto Water District Water Service "4 2,976.00 Employment Development Department Unemployment Insurance u`d45 75.00 John Escobar Reimbursement--Partial Professional Dues 746 13.00 Federal Express Corporation Express Mail 3747 167.00 Federal Parks & Recreation Subscrit)tion '31748 26.32 Foster Bros. Security Systems,Inc. Keys - 7749 325.99 Goodco Press Printing--Citation Books 3750 731.00 Herbert Grench Reimbussment--Local Meeting Expense, Membership, Conference Registration and Expenses 3751 337.83 Kaiser Cement Base Rock 3752 0.76 Keeble & Shuchat Photography Film '31753 93.91 John Kowaleski Reimbursement--Uniform &,-Dense and Field Supplies "454 74.31 Langley Hill Quarry Base Rock :,755 2,686.00 Lanier Worldwide, Inc. CoAier 3756 300.00 Judy Law Reimbursement--Educational Assistance 3757 93.75 Ligtelyn Communications Radio Repairs '?758 22.35 Los Altos Garbage Company Dumpster Fee 1 759 600.00 Magana's Building Maintenance Janitorial Services 60 6,927.57 Merrill Corporation Printing--1992 Note Issue '761 178.77 Minton's Lumber & Supply Field Supplies 62 1,185.92 Miracle Auto Painting Vehicle Repair 3763 25.95 Mission Valley Ford Vehicle Repair 211.09 Mobile Modular Management Skyline Office Rental Corporation i'65 25.00 Motorola, Inc. Antenna Site Rent * Emergency checks issued on February 2, 1993. Claims No. 93-03 Meeting 93-04 Date: Feb. 10, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description r--------------------------------------------------------------------------------------------------- 3724 74.05 Ace Fire Equipment & Service Recharge Fire Extinguishers 3725 6.50 Allen Equipment Company Equipment Part 3726 174.72 Altos Print & Copy Printing--Docent Newsletter 3727 1,806.36 Alves Petroleum, Inc. Fuel 3728 100.04 Randy Anderson Private Vehicle Expense 3729 9.65 Barron Park Supply Company Electrical Supplies 3730 546.74 Binkley Associates Consulting Services--Skyline Ridge Water System 3731 98.00 Borgman Associates Subscription 3732 330.16 * California Chrysanthemum Growers Planting Supplies--Volunteer Project 3733 149.02 California Water Service Company Water Service '3734 516.66 Carmel Highlands Doubletree Resort Conference Expense--W.de Wit and P.Siemen 3735 10b.00 Coastside Proflame Propane Fuel 3736 280.00 Barrie Coate and Associates Consulting Services--Weeks Driveway 3737 127.90 Annette Coleman Uniform Expense 3738 56.18 Communication & Control, Inc. Mt. Umunhum Pump 3738 118.00 * Compass Point Travel Conference &;pense--W. de Wit 3739 193.06 Edward L. Corekin Maintenance and Repair--Enterprise 3740 30.00 Costco District Membership Fee 3741 26.22 The Darkroom Photographs 3742 1,245.72 Dow Jones & Company, Inc. Advertisement--Public Auction 3743 46.00 East Palo Alto Water District Water Service 3744 2,976.00 Employment Development Department Unemployment Insurance 3745 75.00 John Escobar Reimbursement--Partial Professional Dues 3746 13.00 Federal Express Corporation Express Mail 3747 167.00 Federal Parks & Recreation Subscription 3748 26.32 Foster Bros. Security Systems,Inc. Keys 3749 325.99 Goodco Press Printing--Citation Books i3750 731.00 Herbert Grench Reimbursment--Local feting Expense, Membership, Conference Registration and Expenses 3751 337.83 Kaiser Cement Base Rock 3752 9.76 Keeble & Shuchat Photography Film 3753 93.91 John Kcwaleski Reimbursement--Uniform Expense and Field Supplies 3754 74.31 Langley Hill Quarry Base Rock 3755 2,686.77 Lanier Worldwide, Inc. Copier 3756 300.00 Judy Law Reimba sement--Educational Assistance 3757 93.75 Ligtelyn Communications Radio Repairs 3758 22.35 Los Altos Garbage Company Dumpster Fee 3759 600.00 Magana's Building Maintenance Janitorial Services 3760 6,927.57 Merrill Corporation Printing--1992 Note Issue 3761 178.77 Minton's Lumber & Supply Field Supplies 3762 1,185.92 Miracle Auto Painting Vehicle Repair 3763 25.95 Mission Valley Ford Vehicle Repair 3764 211.09 Mobile Modular Management Skyline Office Rental Corporation 3765 25.00 Motorola, Inc. Antenna Site Rent * Emergency checks issued on February 2, 1993. Claims No. 93-03 Meeting 93-04 Date: Feb. 10, 1993 REVISED. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description _--------------------------------------------------------------------------------------------------- 3766 34.91 Mountain View Garden Center Field Supplies 3767 42.80 Stanley Norton January Expenses 3768 352.85 Pacific Bell Telephone Service 3769 17.50 Loro Paterson Reimbursement--Professional Dues 770 1,271.29 Paul's Draperies Skylight Pleated Shades 3771 114.86 Peninsula Blueprint, Inc. Map Enlargements and Bluelines 37?2 50.06 Pilarci.tos Quarry Base Rock 3773 1,200.00 Postage by Phone Postage 774 18.49 Precision Engravers, Inc. Brass Namebadges 3775 90.00 Rabbit Copiers, Inc. Equipment Repair 3776 43.19 Rancho Hardware Field Supplies 3777 2,588.37 Roy's Repair Service Vehicle Maintenance and Repairs 3778 60.00 Safety-Kleen Solvent Tank Service 3779 1,176.00 San Jose Mercury News Advertisement 3780 10,778.00 Santa Clara Land Title Company Title Insurance--Vidovitch 3781 92.63 Shell Oil Company Fuel 3782 94.89 Skyline County Water District Water Service 3783 465.00 Sunnyvale Electric Electricity--Board Room Automatic Doors 3784 70.00 Sunnyvale Medical Clinic Vaccine--Ranger 3785 54.98 Taylor Rental Equipment Rental 3786 430.82 Tooland Inc. Equipment 3787 178.23 USRentals Equipment Rental 3788 53.99 University Art Center Drafting Supplies 3789 60.00 Valley Title Company Preliminary Title Search 3790 42.76 Value Business Products Office Supplies 3791 69.22 WzarGuard Uniform Expense 3792 76.91 WMI Services-Part-O-Let Sanitation Services 3793 123.41 West Publishing Company Resource Documents 3794 107.16 tnbrd Products Office Supplies 795 316.42 The Workingman's Emporium Uniform Expense 3796 227.30 Yardbird Equipment Sales Field Equipment and Supplies 3797 1,163.00 ** Santa Clara County Plan Checking Fee 3798 125.15 Petty Cash Photographs, Out-of-Town Meeting Expense, Field and Office Supplies, Photocopying and Docent\ Volunteer Expenses **Emergency issued on February 9, 1993.