HomeMy Public PortalAbout19930324 - Agendas Packet - Board of Directors (BOD) - 93-07 Open Space , *.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-07
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA
7:00 P.M. 330 Distel Circle
Wednesday Los Altos, California
March 24, 1993
(7:00) * ROLL CALL
CLOSED SESSION (Litigation Matters)
(7:30) ** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
ADOPTION F CONSENT CA
LENDAR B. Crowder
I�
APPROVAL OF MINUTES
*** March 10, 1993 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:45) **, 1. Approval of Nondiscrimination Regulations -- D. Dolan (Consent Item)
** 2. Adoption of Action Plan for the Implementation of the Basic Policy of
the Midpeninsula Regional Open Space District for the 1993-1994
Fiscal Year -- C. Britton (Consent Item)
3. Adoption of Budget for Fiscal, Year 1993-1994 -- C. Britton
Resolution Adopting Budget for Fiscal Year 1993-1994
** 4. Acceptance of Insurance Coverage for 1993-1994 -- J. Fiddes (C n s n
�) I
** 5. Appointment of Auditor for 1992-1993 Fiscal Year -- M. Foster
PPo �
(Consent Item)
Open Space . . . for room to breathe 20th Anniversary - 1972-1992
330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 - FAX:415-691-0485 19
General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
(8:00) 6. Proposed Addition of Glaubiger Property to Rancho San Antonio Open
Space Preserve in Exchange for Interest in District Land -- C. Britton
Resolution Authorizing Acceptance of Agreement to Exchange Interests
in Real Property, Authorizing Officer to Execute Certificate of
Acceptance of Grant to District, and Authorizing Assistant General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Rancho San Antonio Open
Space Preserve - Lands of Glaubiger)
(8:10) 7. Process for Filling General Manager Position -- B. Crowder
*** 8. Adoption of Annual Claims List for 1993-1994 -- M. Foster (Ccrosent
)
(8:55) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and
Personnel Matters)
ADJOURNMENT
*NOTE.- Times are estimated and items may appear earlier or later than listed. Agenda
is subject to change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at
the time each item is considered by the Board of Directors. You may address the Board
concerning other matters during oral communications. Each speaker will ordinarily be
limited to 3 minutes. When recognized, please begin by stating your name and address.
Please fill out the speaker's form so your name and address can be accurately included in the
minutes.
Alternately, you may comment to the Board by a written communication, which the Board
appreciates.
***All items on the consent calendar shall be approved without discussion by one motion
unless a Board member removes an item from the consent calendar for separate discussion.
A member of the public may request under oral communications that an item be removed
from the consent calendar.
NOTICE OF PUBLIC MTINGS
The Legislative Committee will meet on Thursday, March 25, 1993 beginning at 4:30 p.m. at the
District office. The purpose of the meeting will be to Whscuss legislative priorities for 1993-1994.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-06
REGULAR MEETING
BOARD OF DIRECTORS
March 10, 1993
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:30 P.M.
Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko, Teena
Henshaw, Robert McKibbin, and Pete Siemens.
Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith,
Stanley Norton and Deborah Zucker.
II. ORAL COMMUNICATIONS
H. Hauessler, 1094 Highland Circle, Los Altos, requested that the agenda items on Approval of
Agreement with Herbert Grench and 1992-1993 Salary Recommendations for Board Appointees
be removed from the consent calendar.
III. ADOPTION OF AGENDA
C. Britton requested that the minutes of February 10, 1993 be added to the agenda for approval
on the consent calendar. B. Crowder stated that the agenda was adopted by Board consensus.
IV. ADOPTION OF CONSENT CALENDAR
The following additional requests were made to remove items from the consent calendar: N.
Hanko -.removal of Approval of Agreement with Herbert Grench; R. Anderson - removal of
Applications for Transportation Enhancement Funds (ISTEA) for the Saratoga Summit Gateway
Acquisition and Sierra Azul Staging Area Projects from the Consent Calendar; and G. Babbitt -
removal of the written communication from Wendy B. Prufer.
Motion: N. Hanko moved that the Board adopt the consent calendar, including approval
of minutes of February 10, 1993 and February 17, 1993 meetings; approval of
lead open space technician job classification, job specification for the full-time
position, salary range of step number 209 to 234 with corresponding salary of
$2,258 to $2,896, and staff authorization to fill two lead open space technician
positions; adoption of Resolution 93-06, a Resolution of the Board of Directors
of the Midpeninsula Regional Open Space District Authorizing the Department
of General Services Administration of the State of California to Purchase
Certain Items for the Midpeninsula Regional Open Space District, and
authorization to purchase of one full-size patrol truck and one mini pick-up
Open Space . . . for room to breathe - 20th Anniversary - 1972-1992
330 Distel Circle - Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 41 5-691-0485
General Manager:Herbert Grench Board of Directors:Fete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanker,Betsy Crowder,Wim de Wit
Meeting 93-06 Page 2
truck for a total cost of$32,000; and approval of Revised Claims 93-04. P.
Siemens seconded the motion. The motion passed 7 to 0.
V. WRITTEN COMMUNICATIONS
G. Babbitt recommended that patrol hours be added to the response letter to Ms. Prufer.
VI. BOARD BUSINESS
A. Approval of Agreement with Herbert Grench (Report R-93-35)
For the record N. Hanko stated that the agreement was a personnel item and had been
under discussion in closed session for four months. She said that Board members, R.
McKibbin, B. Crowder, and P. Siemens worked diligently through the negotiations to come
to this agreement.
H `yHauessler stated that the retirement package sh
ould have beendi
scussed at apu
blic
meeting prior to finalizing the agreement, and expressed his objection to the item being
placed on the consent calendar and to the terms of the agreement. Harry Block of Los
Altos Hills, and Richard Geiger, of Palo Alto, also expressed their objections to the terms
of the agreement.
B. Crowder stated that the agreement, as a personnel matter, had been discussed in closed
session with the approval of District counsel. S. Norton stated that discussion of the status
of the general manager of the district was the highest form of confidential discussion by the
Board protected by the Brown Act. B. Crowder stated that the terms of the agreement
were made between the Board and H. Grench and that the terms were consistent with other
similar agreements made between agencies and long-time employees. P. Siemens said that
the agreement was not inconsistent with other agreements made by other agencies in the
area and that he thought the consulting agreement with H. Grench was reasonable.
Motion: W. de Wit moved that the Board adopt Resolution 93-07, a Resolution of the
eninsula Regional n S
Board of Directors of the MidP � Pace District
Approving, Ratifying and Confirming Agreement Between Midpeninsula
Regional Open Space District and Herbert Grench. T. Henshaw seconded the
motion. The motion passed 7 to 0.
B. 1992-1993 Salaa Recommendations for Board AWgintees R-B. Crowder stated that the 1992-1993 Budget Committee was recommending that the Board
approve a freeze on the salaries of the general manager, controller, and legal counsel for
the 1992-1993 fiscal year.
Motion: R. McKibbin moved that the Board approve a freeze on the salaries of the
general manager, controller, and legal counsel for the fiscal year 1992-1993.
Meeting 93-06 Page 3
P. Siemens seconded the motion. The motion passed 7 to 0.
C. Preliminary Action Plan for the Implementation of the Basic Policy of Midoeninsula
Regional Open Space District for the 1993 1994 Fiscal Year (tenon 93-32)
C. Britton stated that the preliminary action plan had been previously reviewed by the
Board and would be presented to the Board for final approval at the March 24 meeting. G.
Babbitt recommended that the words "lower priority" be deleted from the second key
project and activity in the Negotiations and Special Projects Subprogram. She also
recommended that the sixth item in the listing of other typical projects and activities for the
Negotiations and Special Projects Subprogram dealing with exploring additional methods to
protect open space lands for less than the total cost of fee acquisition become the
subprogram's fourth key project and activity.
D. Presentation of the Budget for Fiscal Year 1993 1994 M=rt R 93-39): Controller's Report
on the Proposed Fiscal Year 1993 1994 Budget (Report R 93 33); and Budget Committee
Resort for Fiscal Year 1993-1994 (Report R-93-40)
C. Britton gave an overview of the proposed budget, noting that the Budget Committee had
directed staff to use last year's reduced operating budget figure of$4.5 million as a target
figure for the 1993-1994 operating budget. He said that this was an "interim" budget
pending the outcome of the state budget crisis and that the budget would be presented for
Board adoption at the March 24 meeting.
R. McKibbin stated that the 1992-1993 operating budget had actually been cut 18 per cent
from $5.5 million to $4.5 million.
C. Britton, R. Anderson, J. Escobar, M. Smith, and J. Fiddes briefed the Board on the
highlights of the proposed budgets for their respective programs.
R. Anderson stated that the largest of the planning projects included in the budget was the
Rancho San Antonio field office. He said that the project would be brought to the point of
readiness to go to bid and that it would be on hold until the state budget was approved.
In response to a question from R. McKibbin, R. Anderson stated that funding was included
for a new entry sign at Rancho San Antonio Open Space Preserve.
J. Escobar stated that the operations service and supplies budget did not include a
contingency for unanticipated problems and that after the seasons' storm damage was
assessed the Board might be requested to approve additional funds.
M. Smith said that the public affairs program budget represented a seven per cent increase
over last year's budget. He stated that the budget did not include the costs associated with
a potential funding measure and that the Board would need to consider those costs at the
time it decided to go forward with such a measure.
J. Fiddes said that cost of living increases for general manager appointees were not
Meeting 93-06 Page 4
included in the budget and that the District had a tentative agreement to defer contract
negotiations with Local 715 until the state budget was approved. She stated that the salary
incentive awards program included in the budget might be placed on hold if the state budget
funds were reduced.
E. Informational Report on Longterm Funding Qptions (Rm= R-93-41)
M. Smith presented an update on the local funding measures proposed for the year. He
said that the report also included information about the failure of other funding measures
and that for a District funding measure to succeed it would be necessary to incur costs for
adequate polling and consulting. N. Hanko requested that the Finance Committee be
apprised of additional funding measure activities throughout the District.
F. Applications for Transportation Enhancement Funds aSTEA) for the Saratoga Summit
Gateway Acquisition and Sierra Azul Staging Area Projects ft= R-93-32)
R. Anderson stated that the District probably would not meet the April round of funding
deadlines for the Saratoga Gateway project because staff had not received necessary
information from CalTrans. He said the project might be submitted in August. He briefed
the Board on the amount of District matching funds that would be necessary for the
projects.
Motion: R. McKibbin moved that the Board adopt Resolution 93-08, a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Funds for the Transportation Enhancement
Activities Program Under the Intermodal Surface Transportation Efficiency
Act of 1991 for the Following Project: Saratoga Summit Gateway Acquisition
Project, and Resolution 93-09, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the Application for
Funds for the Transportation Enhancement Activities Program Under the
Intermodal Surface Transportation Efficiency Act of 1991 for the Following
Project: Sierra Azul Staging Area Project. P. Siemens seconded the motion.
The motion passed 7 to 0.
VII. INFORMATIONAL REPORTS
G. Babbitt announced that the Board's volunteer recognition event would be April 18 and the
docent recognition event would be May 22.
T. Henshaw reported on her slide presentation for the Sunnyvale Lions Club and said that she
would be making presentations to the Rotary and Kiwanis Clubs.
R. McKibbin and C. Britton reported that their recent meeting and discussions in Sacramento
with Ralph Heim and with the California Park and Recreation District legislative committee
focused on legislation relating to funding measures. The Legislative Committee tentatively
scheduled a meeting for Thursday, March 25.
W. de Wit and P. Siemens reported on their attendance at the Special Districts Management
Meeting 93-06 Page 5
conference in San Diego.
W. de Wit briefed the Board on the meeting he, B. Crowder, N. Hanko, H. Grench, and C.
Britton had had with Representative Anna Eschoo.
B. Crowder said that she spoke to the Conservation Committee in Portola Valley and to the
Menlo Park Rotary Club. She said she would be on a panel at the California Park and
Recreation District Conference.
C. Britton said he had met with Jerry Meral of Planning and Conservation League Foundation
during his recent trip to Sacramento. He stated that in the meeting with Representative Anna
Eschoo, H. Grench suggested the appropriation of funds from the interest on the Land and Water
Conservation Fund and that Representative Eschoo would consider proposing legislation for that
purpose. C. Britton added that Audrey Rust of Peninsula Open Space Trust has asked that the
District participate in interim management of the Phleger property until the Golden Gate National
Recreation Area accepts management responsibilities. He said that details of that participation
would be outlined and presented to the Board at a later date.
R. Anderson reported on the invasive vegetation management work being done by California
Department of Forestry (CDF) work release program at Pulgas Ridge Open Space Preserve. He
said that CDF and Central Fire had proposed a controlled burn project for the fall on a District
preserve and he would report back to the Board when more details were available.
J. Escobar reported on three accidents involving a runner at Rancho San Antonio Open Space
Preserve, a snow play related accident at Russian Ridge Open Space Preserve, and a bicycle
accident at Purisima Creek Redwoods Open Space Preserve. He briefed the Board on the
disposal of toxic chemical defoliant left at La Honda Creek Open Space Preserve in 1990 and on
the City of Mountain View beginning dispatching services for the District on May 1.
J. Escobar also reported a recommendation from the uniform committee to change the color of
field staff uniform pants to green and that uniform allowances would be used to replace brown
pants. There was no objection to approve the recommendation from the members of the Board.
VHL CLOSED SESSION
The Board recessed to Closed Session on personnel matters at 9:17 P.M.
1 IX. ADJOURNMENT
J The meeting was adjourned at 11:15 P.M.
Deborah Zucker
Recording Secretary
i
Claims No. 93-04
Meeting 93-06
Date: Mar. 10, 1993
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
---------------------------------------------------------------------------------------------------
3799 1,094.87 Acme & Sons Sanitation Sanitation Services
3800 170.86 Albright Seed Company Seed Mix
3801 24.03 Allen Equipment Company, Inc. Equipment Repair
3802 1,591.45 Alves Petroleum, Inc. Fuel
3803 300.00 Randy Anderson Reimbursement--License
3804 14.92 Barron Park Supply Company Drain System Supplies
3805 96.00 Binkley Associates Consulting Fees--Skyline Water System
3806 800.00 David W. Bliss Defensive Tactics Training
3807 1,847.00 Louis Bordi Road Grading
3808 609.00 Breon. O'Donnell, Miller, Brown Legal Services
& Dannis
3809 61.70 Bridge Radio Services, Inc. Radio Supplies
3810 244.64 L. Craig Britton Reimburs-Anent--Professional Dues and
Out-of-Town Meeting Expense
3811 1,700.00 State of California, Department Change Use Fee--Alpine Pond and
of Fish and Game Horseshoe Lake
3812 200.00 State of California Water Transfer License--Alpine Pond and
Resources Control Board Horseshoe Fake
3813 36.28 California Trail Days Trail Days Supplies
3814 152.98 California Water Service Canpany Water Service
3815 850.00 *1 The Carpet Mart Carpeting--Enterprise
3816 123.19 Clark's Auto Parts/Machine Shop Vehicle Parts
3817 100.00 Coastside Proflame Propane Gas
3818 471.99 Sheryl Cochran Reimbursement--Plan Check Fee--Rancho
Field Office and Private Vehicle
E;mense
3819 88.06 Annette Colemen Reimbursement--Registration Fee and
Supplies
3820 119.98 Canmunication & Control, Inc. Mt. Umunhum Pump Electricity
3821 282.00 *2 Canvass Point Travel Out-of-Town Meeting &.;pense--C.Britton
3822 282.27 *3 Consolidated Freightways Delivery Charges
3823 128.58 Edward Coreki.n Enterprise Repairs
3824 256.70 Corporate Environments, Inc. Office Furnishings
3825 462.00 Country Almanac Advertisement--Teague Hill
3826 6.00 Crest Copies, Inc. Bluelines
3827 79.74 Betsy Crowder Reimbur^ment--Local Meeting Expense
3828 89.31 Design Signs Signs
3829 1,168.00 Daily Journal Corporation Advertisement--Teague Hill
3830 56.00 Wim de Wit Reimbursement--Conference menses
3831 1,245.72 Dcw Jones & Company, Inc. Advertisement--Teague Hill
3832 29.95 Earth tbrk Subscription
3833 21.90 East Palo Alto Water District Water Service
3834 9.00 Federal Egress Corporation mess Mail
3835 109.33 The Feed Barn Gate
3836 3,990.00 First Interstate Bank Note Paying Fees
3837 2,903.89 David Fisher Legal Service
3838 1,027.40 Robert M. Garcia Construction Management Services--Ranchc
Field Office and Distel Office
3839 300.47 Garcia Well & Pumv Repair Pumping System--Skyline
*1 Emergency check issued on February 25, 1993.
*2 Emergency check issued on February 22, 1993.
*3 Emergency check issued on February 19, 1993.
Clain- 46. 93-04
Meeting 93-06
Date: Mar. 10, 1993
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
----------------------------------------------------------------------------------------------------
3840 1,413.04 Goodco Press, Inc. Printing
3841 132.64 Grainger Field Eauipment
3842 303.58 Granite Rack Company Concrete for Drain System
3$43 ,,0,000.00 Herbert Grench
Reimbursement for Agreement dense
3844
90
.06 Mary Gundert Private Vehicle Expense
3845 313.92 Harkins Signs Signs
3846 211.75 Honeywell Protection Services Burglar Alarm Maintenance
3847 66.14 Image Technologj, Inc. Parcel Map
3848 223.91 Interstate Traffic Control Signs
3849 190.52 Kaiser Cement Corporation Crushed Rock
3850 14.68 Keeble & Shachat Photography Film Processing
3851 130.$5 Matthew Ken Reimbursement--Uniform &cr_ense
3852 11096.10 Dennis Kobza & Associates Services--Inc. Architectural Servi cho Ran Field
Office
3853 741.04 Konica Business Machines, Inc. Maintenance Agreement
3854 63.77 Kwik Lock & Safe Canaan Inc. Replace File Cabinet_ y. Lock
3855 265.00 Lopez Gardening Service Gardening Service
3856 42.00 Laixscape Architecture Subscription
385
7 922.54
5 Los Alter Garb
age Co
to
bag moony Dtrnt� r Rental
3858 6,834.52 Merwin A. Mace Acquisition Consulting Service
3859 65.00 Paul McKowan Reimbursement--Conference Registration
3860 335.16 Kenneth Miller Reimbursement--Training menses
3861 351.90 Milstone Geotechnical Consulting Services--Sausal Dam
3862 791.58 Milton's Lumber & Supply Field Sunolies
3863 422.18 Mobile Modular Management Temporary Office Rental
Corporation
3864 55.00 Ralph Molica Reimbursement--Conference Registration
3865 25.00 Motorola, Inc. Antenna Site Rent
3866 62.75 Mountain View Optometry Prescription Safety Glasses
3867 1,224.56 Mountain View Surplus Disaster Cache Supplies
386$ 1 920.60 4 Na
tional tatianal Mailing, Inc. Newsletter Postage
3869799.03 Noble Ford Tractor
, Inc. Eauipnent
Repairs
3870 36.45 Northern Energy Propane Fuel
3871 185.80 Stanley Norton January menses
IS
3872 187.34 The Office Depot Office Supplies
3873 307.61 Orchard Supply Hardware Field Supplies
3874 1,122.67 Pacific Bell Telephone Service
3875 500.00 *5 Pacific Gas & Electric Company Power Pole Installation--Mt.Umunhum
3876 639.12 Page & Turnbull, Inc. Architectural Services--Picchetti Ranch
3877 129.11 Peninsula Blueprint, Inc. Laminates and Maps
3878 800.00 Steve Petillo Defensive Tactics Trainina
3879 101.31 Pilarcitos Quarry Base Rock ✓
3880 145.60 Pitney Bowes, Inc. Postage Meter
3881 518.08 A Positive Sign Signs
3882 350.00 Price Club Field Supplies
3883 51.96 Patty Quillin Reimbursement--Docent Refreshments
3884 8.00 Rancho Cobbler & Cleaners Uniform E;mense
3885 63.59 Rancho Hardware Field Supplies
3886 32.50 Rayne Water Conditioning Water Service
*4 Emergency check issued. on February 22, 1993.
*5 Emergency check issued on February 24, 1993.
Clair !o. 93-04
Meeting 93-06
Date: Mar. 10, 1093
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
------------------------------------------------------------------------------------------------
3840 1,413.04 Goodco Press, Inc. Printing
3841 132.64 Grainger Field Eguinment
3842 303.58 Granite Rock Company Concrete for Drain System
3843 3,000.00 Herbert Grench Reimbursement for Agreement Expense
3844 90.06 Mary Gundert Private Vehicle Expense
3845 313.92 Harkins Signs Signs
3846 211.75 Honeywell Protection Services Buralar Alarm Maintenance
3847 66.14 Image Technology, Inc. Parcel Map
3848 223.91 Interstate Traffic Control Signs
3849 100.52 Kaiser Cement Corporation Crushed Rock
3850 14.68 Keeble & Shuchat Photography Film Processing
3851 130.85 Matthew Ken Reimbursement--Uniform Expense
3852 1,006.10 Dennis Eobza & Associates, Inc. Architectural Services--Rancho Field
Office
3853 741.04 Konica Business Machines, Inc. Maintenance Agreement
3854 63.77 Kwik Key Lock & Safe Company, Inc. Replace File Cabinet Loci:
3855 265.00 Lopez Gardening Service Gardening Service
3856 42.00 Landscape Architecture Subscription
3857 922.54 Los Altos Garbage Company DumpGter Rental
3858 6,834.52 Merwin A. Mace Acquisition Consulting Service
3859 65.00 Paul M Kavan Reimbursement--Conference Registratioi
3860 335.16 Kenneth Miller Reimbursement--Training menses
3861 351.90 Milstone Geotechnical Consulting Services--Sausal Dam
3862 791.58 Milton's Lumber & Supply Field Supplies
3863 422.18 Mobile Modular Management Temporary Office Rental
Corporation
1864 55.00 Ralph Molica Reimbursement--Conference Registratiop
3865 25.00 Motorola, Inc. Antenna Site Rent
3866 62.75 Mountain View Optometry Prescription Safety Glasses
3867 1,224.56 Mountain View Surplus Disaster Cache Sun-lies
3868 1,920.60 *4 National Mailing, Inc. Newsletter Postage
3869 799.03 Noble Ford Tractor, Inc. Equipment Repairs
3870 36.45 Northern Energy Pronane Fuel
3871 185.80 Stanley Norton January menses
3872 187,34 The Office Depot Office Supplies
3873 307.61 Orchard Supply Hardware Field Sunplies
3874 1,122.67 Pacific Bell Telephone Service
3875 500.00 *5 Pacific Gas & Electric Company Power Pole Installation--Mt.Umu khmum
3876 639.12 Pare & Turnbull, Inc. Architectural Services--Picchetti Ranc
3877 129.11 Peninsula Blueprint, Inc, Laminates and Maps
3878 800.00 Steve Petillo Defensive Tactics Training
3879 101.31 Pilarcitos Quarry Base Rock J
3880 145.60 Pitney Bowes, Inc. Postage Meter
3881 518.08 A Positive Sign Signs
3882 350.00 Price Club Field Supplies
3883 51.96 Patty Quillin Reimbursement--Docent Refreshments
3884 8.00 Rancho Cobbler & Cleaners Uniform Expense
3885 63.59 Rancho Hardware Field Supplies
3886 32.50 Rayne Etter Conditioning Water Service
*4 Emergency check issued on February 22, 1993.
*5 Emergency check issued on February 24, 1993.
1
MAR0 3 in"13 RESPONSE ACTION PROPOSED BY STAFF
trd President Acknowledge/Respond
Director Acknowledge/Respond
March 2, 1993 Staff Acknowledge/Respond
Board of Directors Draft Response Attached
MidPeninsula Open Space District Staff to be Directed to Prepare Draft
Response for Board Consideration per
330 Distel Circle Board Directive(s)
LOS Altos, CA 940224 No Response Necessary
I
Members of the Board:
I have recently realized there is a paucity of benches in the land preserves acquired and
maintained in the public interest by the MidPeninsula Regional Open Space District. This
paucity limits the ability of the public to be seated and observe for long periods of time many
of the viewscapes throughout District lands. To rectify this situation I recommend the
District initiate a program of identifying outstanding viewscapes on District lands and install
benches at the identified locations. To expedite the selection process I recommend benches
be placed at the following locations:
El Corte Madera Creek Preserve:
• vista point located west southwest of Skaggs Point near sandstone formation
• sandstone formation in northern part of preserve
Purissima Creek Preserve
• several locations along Harkins Fire Road Trail and Whitmore Gulch Trail
The benches should be long enough for four people, simple in design with no backs or ends,
constructed from materials that will withstand the vagaries of summer heat and winter
moisture, and secured by a steel base in concrete filled postholes. The benches should be
simple enough, and light enough, to be located and secured by one District employee as a
cost-savings measure. I recommend benches be purchased in bulk quantity to obtain a cost
savings and a minimum of three bids be obtained from credible manufacturers.
I would appreciate a mailed response to my suggestion.
Sincerely,
�
Robert Zatkin
P.O. Box 620502 telephone 415-851-1716
Woodside, CA 94082 FAX 415-851-1719
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Mr. Robert Zatkin
P.O. Box 620502
Woodside, CA 94062
Dear Mr. Zatkin:
The District's Board of Directors reviewed your March 2, 1993 letter concerning benches on
the District's open space preserves at their March 24, 1993 regular meeting. A Board
subcommittee.has been meeting for several months to discuss potential revisions to the
District's existing gift policies, including working with Peninsula Open Space Trust on a
memorial or commemorative sitting area program on District preserves. Your comments
will be passed'on to the committee:
Benches are currently located on the following preserves: Purisima Creek Redwoods, Windy
Hill, Skyline Ridge, Long Ridge, Monte Bello, and Los Trancos Open Space Preserves. All
of the benches located on District preserves have been donated as gifts or have been built and
installed by Eagle Scouts. Currently, the District only installs benches under these two
programs, and appropriate locations are selected by staff. The locations you suggest will be
passed along to our planning staff as potential bench locations.
Sincerely,
Betsy Crowder, President
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
Genera!Manager:Herbert Grench Board ofO rectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
RESPONSE ACTION PROPOSED BY STAFF
C4 Board President Acknowledge/Respond
<V Director Acknowledge/Respond
Staff Acknowledge/Respond
MAR 0 91993 Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
No Response Necessary
9n
J
Aq
0-4
To benefit the Kezar Lake Association
n„on 10�i a ndnrl
Open Space
S �
�t
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Carol Armstrong
12100 Skyline Boulevard
Los Gatos,-CA 95030
Dear Ms. Armstrong:
The District's Board of Directors received your letter regarding potential residential
development of "Devils Canyon" in San Mateo County. The District's adjoining Long Ridge
Open Space Preserve, containing over 900 acres, is tranquil and very popular with_local
hikers. The District is extremely interested in protecting the integrity and scenic beauty of
the surrounding area, and we recognize that Devils Canyon itself is geologically unique. In
fact,,District rangers are often involved in rescue operations in this area.
This property would certainly be a desirable addition to the Long Ridge Open Space
Preserve. You can be assured that the District will be watching this property relative to
i
ownership changes and development pressures, with the hope of buying this property when
the District's financial situation improves.
Thank you for your interest in the District and its open space program.
Sincerely,
t
Betsy Crowder
President, Board of Directors
BC:LCB:snd
cc: Board of Directors
i
Open Space . . . for room to breathe 20th Anniversary 1972-1992
330 Distel Circle • Los Altos, California 94022-1404 Phone:4t15-691-1200 • 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
i
I
l
c -�--
d r
I
I 1
i
RES➢ ACTION PROPOSED BY STAFF
Boaz esident Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
No Response Necessary
MAR 101993
�aecfa �. �tinzes -
475 etcvanttsRoad
(Va[Ity, edi f ovzia 94025
Ace
C(�nCtG u� P/11CtL�'�GC2eee /Ou2 ?�2Gat CoyYeL ,C
I6
a . .1vy It7 �cuw C!c%c�es2 ter, - 7fie_.
AIL4eL'C'c<a L i�
eel "7a CLsKc�_?C��C7/
�LC
/iucZ t e�� U.. �'�V t 2 7J/fit y, �Y i J��^% cf
�,/
—
�sY2t'tt
�
C-��t2L-rrt�
e 6'AY
is eA n e 01V c 1 ` -cede n- Yket--t- Airrn- A fee-71-
Yra
hma- �4t�j
c�.�-iCl cue it- � "V �A hcZe� Xee�.n- oh fie.._
i
-2
YYY"' i
��--•fit � j> a ,�'
7
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Marcia E. Keimer .
475 Cervantes Road
Portola Malley, CA 94028
Dear Ms. Keimer:
The Districts Board of Directors reviewed your latest letter regarding bicyclists on trails at
meeting December,its regular g McKibbin stated in D ber on March 24. As Board President Robert ec
the safety of all preserve visitors is a primary concern to us.
The Board has adopted Trail Use Guidelines and Mitigation Measures that contain criteria for the characteristics of trails that are acceptable to allow bicycle use, and other uses in addition
to walking. The guidelines also include modifications or controls that may be applied to
mitigate use conflicts. We are in the process of inventorying the trails in each of our
preserves to quantify their condition and apply the guidelines. Preserves with greater use
and higher conflict, such as Purisima, will be completed first. Application of the guidelines
may result in closure of some trails to bikes, improvements and controls to mitigate conflicts,
and ultimately more information and opportunities on where to go to avoid bicycles, if
desired.
We understand your feelings about bicycles on the trails. The Trail Use Guidelines are
intended to address the bicycle use issue in a carefully structured process. For your
information, I've enclosed a copy of the District's Trail Use Policies and our recently
adopted Trail Use Guidelines and Mitigation Measures.
Sincerely,
I
Betsy Crowder
President, Board of Directors
III
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
R-93-46
Meeting 93-07
March 24, 1993
AGENDA ITEM
Approval of Nondiscrimination Regulations
i_
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Approve the proposed nondiscrimination regulations and complaint procedure.
Discussion: The proposed nondiscrimination regulations prohibit discrimination on the basis of
race, religion, creed, political affiliation, color, national origin, ancestry, sex (including sexual
harassment), sexual orientation, age, familial status, or mental or physical disability. The
complaint procedure establishes a procedure for employees to file complaints of alleged
discrimination.
The proposed nondiscrimination regulations and complaint procedure will bring the District into
compliance with a new state law requiring California employers to provide specific, detailed
information to employees regarding the illegality of sexual harassment. The information must
include the definition of sexual harassment, a description of the employer's internal complaint
procedure, and a description of the employee's legal remedies and complaint process.
Although sexual harassment is the focus of the new law, harassment based on other
characteristics protected by state and federal employment discrimination laws is also illegal.
Therefore, the proposed nondiscrimination regulations prohibit sexual harassment, as well as all
other forms of unlawful harassment.
The nondiscrimination regulations and complaint procedure have been reviewed by both the
employee steering committee and Local 715. The nondiscrimination regulations and complaint
procedure will be distributed to staff, and Janice Johnson of Whitmore, Johnson and Bolanos
will conduct a nondiscrimination training session for all staff on April 16, 1993.
Prepared by:
Deirdre Dolan, Administrative Analyst
Contact Person:
Same as above
Y
MIDPEN,. ,(SULA REGIONAL OPEN SPACE DISTRICT
NONDISCRIMINATION REGULATIONS
Polio
It is the policy of the Midpeninsula Regional Open Space District to promote an employment
environment free of unlawful discrimination. Discrimination on the basis of race, religion,
creed, polit
ical affiliation,
liation color, national
al origin, ance
stry,ry, sex sexu
al orien
tation, age,
familial status, or mental or physical disability is unlawful and will not be tolerated by the
District.
The District strongly forbids any form of discrimination by its officers or employees, and has
enacted these regulations to identify and eliminate unlawful discrimination. Any employee,
including managers, supervisors or otherwise, engaging in harassment or other discrimination
may be subject to disciplinary action
Y J P az'Y , up to and including discharge.
Both State and Federal law provide protection for employees who have been the subject of
unlawful employment discrimination, and prohibit retaliation against employees who have
reported or otherwise opposed discriminatory practices. Employees who assist the District in
discovering and eliminating unlawful discrimination will not be retaliated against for their
participation.
Harassment
Harassment on the basis of race, religion, creed, political affiliation, color, national origin,
ancestry, sex, sexual orientation, age, familial status, or mental or physical disability is
prohibited. Verbal or physical conduct relating to these categories constitutes harassment
when it:
(1) Has the purpose or effect of creating an intimidating, hostile or offensive working
environment;
(2) Has the purpose or effect of unreasonably interfering with an individual's work
performance; or
(3) Otherwise adversely affects an individual's employment opportunities.
Conduct which might
t constitute harassment
g would be conduct reasonably considered to be
offensive, including:
(1) Offensive verbal conduct, including epithets, derogatory comments, slurs, demeaning
jokes, nicknames, sexual innuendos, whistling, propositions, threats, or profanity;
(2) Unwanted physical conduct including touching, assault, impeding or blocking
movement, interference with normal work, or gestures;
(3) Offensive visual conduct, including display of posters, calendars, cartoons, drawings,
or pictures;
es or
(4) Unwanted sexual favors.
Sexual Harassment
Sexual harassment is a fo if unlawful sex discrimination and v iot be tolerated by the
District. Federal and Statt guidelines provide that unwelcome sexual advances, requests for
sexual favors and other verbal, visual, or physical conduct of a sexual nature constitute
unlawful harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment;
(2) The submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or
(3) Sexual advances, requests for sexual favors or other verbal or physical conduct of a
sexual nature have the purpose or effect of unreasonably interfering with an
employee's work performance or of creating an intimidating, hostile, or offensive
work environment.
Sexual harassment does not refer to occasional
compliments
is or other behavio
r of a socially
acceptable nature. It refers to conduct that is not welcome, that is offensive that fails to
respect the rights and dignity of others, that lowers morale and that, therefore, interferes
with work effectiveness.
f
COMPLAINT PROCEDURE
The goal of a nondiscrimination complaint procedure is to stop discriminatory behavior in a
prompt and effective manner, while still maintaining a good working relationship among the
District's employees. All District employees have the right to file complaints of alleged
discrimination. The procedure for filing such complaints is as follows:
Informal Complaint: Any employee who has been harassed should attempt immediately to
resolve the problem informally by expressing his/her discomfort with the behavior of the
offender in a constructive manner, and by requesting the offender to stop the behavior. The
District strongly urges use of the informal complaint procedure, but it is not a prerequisite to
the filing of a formal complaint.
Formal Complaint: Any employee who believes that he or she has personally suffered
unlawful harassment or discrimination, or one who has learned of such conduct in his or her
official capacity, shall promptly report it, either orally or in writing to his/her immediate
supervisor, or directly to the District Administrative Services Manager/Personnel Officer. In
making such reports, the employee need not follow any established chain of supervision, so
long as the matter is reported to any of the following supervisory or managerial employees:
(1) Administrative Services Manager/Personnel Officer
(2) Any Program/Department Manager
(3) Any Supervisor
(4) General Manager (if above not appropriate)
The complaint may be referred to a person designated by the General Manager to investigate
such complaints, as appropriate.
Investigation of Complaint: Upon receipt of a complaint of discrimination, the designated
investigator will conduct a prompt investigation into the allegations. The investigation may
include meeting with the complainant, the accused, and any witnesses to the conduct.
Resolution: Once the investigation is complete, the responsible manager will make a
determination of the appropriate corrective action, if any, and will inform the complainant.
Written findings shall be made when appropriate. In the event the complainant is not
satisfied with the corrective action taken, the responsible manager will inform the
complainant of their right to file administrative charges with the Department of F g g p air
Employment and Housing (DFE or the Equal Employment ment Opportunity Commission
(EEOC).
Confidentiality: Throughout the process, the matter subject to the complaint shall be kept as
confidential as possible. Materials pertaining to the complaint which do not form a basis for
discipline shall be maintained in a file separate from the personnel files of the participants.
Dissemination of Policy: Copies of the District's Nondiscrimination Regulations, and of
these complaint procedures, shall be provided to all employees of the District upon issuance,
and to all new employees at the time of hiring. From time to time the District ma
y a also
g y
conduct training for its employees to assist them in learning how to recognize, avoid and
correct discriminatory behavior.
C :ation of District Employees and Oft. _s
Compliance Officer: The District officer responsible for ensuring the District compliance
with this policy is:
Administrative Services Manager/Personnel Officer;
(415) 691-1200
Employees: Employees are responsible for:
*knowing the District's policy on nondiscrimination;
*refraining from discriminatory behavior, including harassment;
*reporting incidents of discrimination in a timely fashion;
*cooperating in any investigation concerning allegations of discrimination; and
*maintaining confidentiality concerning any investigation that is conducted.
Managers and Supervisors: In addition, managers and supervisors are responsible for:
*ensuring that their employees are aware of the District's policy on
nondiscrimination;
*enforcing the District's policy among those they supervise;
*when discriminatory behavior is found to be occurring, taking prompt, appropriate
corrective action that is reasonably designed to make the behavior stop.
All employees are also encouraged to communicate with one another to assist co-employees
to avoid harassing, discriminatory, or otherwise offensive behavior.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-43
Meeting 93-07
March 24, 1993
AGENDA ITEM
Adoption of Action Plan for the Implementation of the Basic Policy of the Midpeninsula
Regional Open Space District for the 1993-1994 Fiscal Year \
ASSISTANT GENERAL MANAGER'S RECOMMENDATION /
i
Adopt the 1993-1994 Action Plan for the Implementation of the Basic Policy of the Midpeninsula
Regional Open Space District.
Discussion: You reviewed the Preliminary Action Plan for the 1993-1994 fiscal year at your
March 10 meeting (see report R-93-32). At that meeting, you requested the following changes:
•Delete the words "lower priority" from the second key project and activity in the
Negotiations and Special Projects Subprogram. The statement now reads:
"Attempt to obtain long-term options to acquire properties that
might be affordable in future years should the District be
successful in obtaining additional funding for land acquisition."
*Add a fourth key project and activity in the Negotiations and Special Projects
Subprogam stating:
"Explore additional methods to protect open space lands for less
than the total cost of fee acquisition (open space easements,
acquisition of development rights, development dedication,
exchange or sale of development rights, cooperation with private
individuals and groups, etc.) especially in this year of extremely
tight budget constraints."
This item was the sixth item in the listing of other typical projects and activities for the
subprogram.
No other changes were recommended in the Action Plan.
Copies of the preliminary Action Plan discussed at your March 10 meeting are available at the
District office for public review.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact person:
Same as above
Open Space
1
R-93-45 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-07
March 24, 1993
AGENDA ITEM
Adoption of Budget for Fiscal Year 1993-1994
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Adopt the attached resolution approving the budget for 1993-1994 fiscal year. After the state
budget is adopted, staff will return to you with necessary budget revisions resulting from
potential property tax revenue loss.
Discussion: The proposed budget for the 1993-1994 fiscal year was presented for review at
your March 10, 1993 meeting (see report R-93-39). As noted at that meeting, this budget is,
in essence, an "interim" budget because uncertainty created by the state's financial crisis and
the unknown factor of potential reductions in the District's property tax revenue.
The current 1993-1994 budget presented for adoption totals $17,665,350. Though the budget
includes $6.4 million for open space acquisitions, none of these funds would be spent until
the resolution of the state budget crisis and the sale of surplus District property, mainly the
Teague Hill parcels. The budget was revised to incorporate adjustments resulting from your
February 26, 1993 agreement with retiring general manager Herbert Grench. For the
purposes of this interim budget, it was assumed that a new general manager would be hired
in November.
As noted in report R-93-39, funding for cost-of-living salary adjustments for the District's
non-represented staff members is not included at this time in the 1993-1994 budget, and the
possibility of these adjustments will not be addressed until after the state budget is adopted
and the exact impact of the state's actions on District funding is known. In addition, as of
the writing of this report, the District has received tentative approval from S.E.I.U. - Local
715 to defer contract negotiations until after the state budget is signed.
The 1993-1994 budget continues to reflect the "hold" placed by the Board on completing the
implementation of the staffing reorganization plan adopted in March 1992. Because of the
state budget crisis, six positions approved in the plan have not been filled. In addition, the
initial 1992-1993 budget included funding for an additional ranger position and the filling of
this position is also "on hold," as is the filling of the real property representative position on
a regular, full-time basis.
As we brace for the potential impact the state budget crisis will have on District funding, the
proposed 1993-1994 budget represents an 18 percent reduction in operating expenses when
compared with the initial 1992-1993 budget adopted a year ago.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact Person:
L. Craig Britton, Assistant General Manager
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING BUDGET FOR FISCAL YEAR 1993-1994
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The budget for the Midpeninsula Regional Open Space District for the
fiscal year 1993-1994 is adopted as set forth in Exhibit A.
Section Two. The District's allocation of property takes collected shall correspond to
the maximum tax rate of one percent of assessed valuation for all agencies within each
county.
Section Three. A total tax rate of ten cents ($0.10) per $100 assessed valuation is
adopted or such lesser amount as may be allowable by law.
Section Four. An adjustment to the New Land Purchases budget category shall be
made to reflect an difference between actual revenue and budgeted revenue.
Y g
Section Five. Monies are hereby appropriated in accordance with said budget.
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Budget for Fiscal Year 1993-1994
I. REVENUES
A. Tax Revenues $ 10,047,000
B. Grant Income 239,000
C. Joint Projects, Gifts 0
D. Interest Income 630,000
E. Rental Income 450,000
F. Sale of Surplus Property 4,000,000
G. Other Income 100,000
TOTAL INCOME $ 15,466,000
NET PROCEEDS FROM NOTE ISSUE 3,550,000
TOTAL INCOME PLUS FINANCING $ 19,016,000
INCREASE IN RESERVES $ 1,350,650
EXPENDITURES
A. Debt Services
1. Interest $ 3,502,500
2. Principal 2,386,000
DEBT SERVICE SUBTOTAL $ 5,888,500
B. Salaries
1. General Manager Appointees $ 1,949,600
2. Salary Incentive Awards 18,550
3. General Manager 46,400
4. Legal Counsel 66,200
5. Controller 7,900
Benefits
1. General Manager Appointees $ 585,100
2. General Manager 19,320
3. Legal Counsel 5,500
C. Directors' Fees $ 27,000
D. Retirement Agreement - H. Grench $ 112,930
SALARIES AND BENEFITS SUBTOTAL $ 2,838,500
EXHIBIT A PAGE 2
E. Services & Supplies
1. Legal Services $ 25,300
2. Regular Outside Services 54,900
3. Contract Services 236,500
4. Election/Annexation 2,000
5. Library and Subscriptions 3,500
6. Rents and Leases 8,500
7. Utilities 441100
8. Postage 42,200
9. Printing and Duplicating 20,000
10. Insurance 102,500
11. Advertising 6,600
12. Maps and Aerials 800
13. Private Vehicle Expense 12,000
14. District Vehicle Expense 138,000
15. Business Meeting Expense 8,500
16. Personnel Development 42,650
17. Maintenance/Repair Equipment 14,050
18. Operating Expenses - Distel 46,100
19. Computer Expenses 10,000
20. Office Supplies/Small Equipment 10,000
21. Field Supplies/Small Equipment 26,800
22. Outside Maintenance Services 113,300
23. Property Pr Taxes & Permits 3,400
24. Communications - Publications 93,000
25. Communications - Special Projects 36,000
26. Volunteer Program 6,100
27 Miscellaneous 1,1
00
SERVICES AND SUPPLIES SUBTOTAL $ 11107,900
F. Fixed Assets
1. Previous Land Commitment $ 100,000
2. New Land Purchases 6,300,000
3. Option Fees 200,000
4. Land Bank Payments 200,000
5. Site Acquisition Expense 122,500
6. Site Preparation Expense 50,000
7. Structures and Improvements 806,050
8. Field Equipment 119200
9. Office Equipment 5,700
10. Vehicles 35,000
FIXED ASSETS SUBTOTAL $ 7,830,450
TOTAL OF ALL EXPENDITURES $17,665,350
Open Space
1
R-93-47 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 93-07
March 24, 1993
AGENDA ITEM
Acceptance of Insurance Coverage for 1993-1994
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Accept the package (property and general liability), auto, umbrella liability, public entity
difference-in-conditions, volunteer accident, and fidelity bond insurance coverage bid
totalling $139,578 from Flinn, Gray & Herterich based on the quotations shown on Exhibit
A from CIGNA, General Accident, Fireman's Fund, Crum & Forester, Insurance Company
of North America (INA), and Chubb for the period of April 1, 1993 through March 31,
1994.
Discussion: Flinn, Gray & Herterich of Palo Alto, the District's insurance broker, has
submitted the attached bid package totaling $139,578. This total is $5,548 or 4% above the
District's 1992-1993 insurance premiums that totalled $134,030. In light of the District's
potential budget crisis, staff will be reviewing during the next three months the District's
overall insurance coverage to determine if any changes should be made.
The coverage period is April 1, 1993 through March 31, 1994. The bid information is:
1) Package (Property and General Liability: CIGNA has bid $69,379, a 25% increase
over the 1992-1993 premium of $55,272. This increase is primarily due to increased
acreage and property values, as well as the inclusion of the 330 Distel Circle office
building and furnishings.
2) Auto: General Accident has bid $27,976, a 38% decrease from the 1992-1993
premium of $45,204. The decreased premium is primarily due to the District's
excellent loss experience factor.
3) Umbrella Liability Coverage: Fireman's Fund has quoted $28,000 for the District's
$5 million-limit umbrella liability coverage. This compares to the 1992-1993
premium of $13,452. The District benefitted greatly from a rating error made on the
part of the umbrella insurance carriers this past year. The 1991-1992 premium was
$36,069.
4) Public Entities Difference-in-Conditions Coverage: Crum & Forester Insurance
Company has bid $8,503. The bid is a 41% decrease from the 1992-1993 premium
of $14,422. The District's loss history coupled with a soft market produced the
reduced premium.
R-93-47 Page 2
5) Volunteer Accident Coverage: INA (Insurance Company of North America) has bid
$300.
6) Fidelity Bond Coverage: Chubb's premium bid is $5,420, ten dollars less than the
1992-1993 premium of$5,430.
The above bids are the only ones that Flinn, Gray & Flerterich could secure for the District.
The following carriers declined to bid on any part of the District's insurance package: Great
American, Maryland Casualty, Scottsdale, and Reliance.
Prepared by:
Jean H. Fiddes,
Administrative Services Manager
Contact person:
Same as above
R-93-47 Page 3
EXHIBIT A
INSURANCE COVERAGE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
1993-1994
COVERAGE COMPANY BID QUOTATION
Package (Property and
General Liability) CIGNA $ 69,379
Auto General Accident $ 27,976
Umbrella Liability Fireman's Fund $ 28,000
Public Entity Difference- Crum & Forester $ 8,503
In-Conditions Insurance Company
Volunteer Accident Policy Insurance Company of $ 300
North America (INA)
Fidelity Bond Chubb Insurance Company $ 5,420
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-44
Meeting 93-07
March 24, 1993
AGENDA ITEM
Appointment of Auditor for 1992-1993 Fiscal Year
CONTROLLER'S RECOMMENDATION
Appoint Deloitte and Touche as the District's auditors for the fiscal year 1992-1993.
Discussion: For the last fourteen years, Deloitte and Touche has served as the District's
auditor. Each year Deloitte and Touche has performed its services in a competent,
professional manner and has regularly recommended worthwhile improvements in our
accounting practices and controls.
Proposed Terms: Deloitte and Touch has estimated a fee of$10,400 for the 1992-1993 audit
including examination, preparation and printing of financial statements, a management letter
containing recommendations for improving procedures and controls, and providing on-going
training and assistance to our staff. This represents a $400 fee increase over last year's fee
and is designed to recover 40-50% of the firm's standard commercial charges. I have
reviewed the firm's estimates and believe the quoted fee to be reasonable.
Prepared by:
Michael Foster, Controller
Contact person:
Same as above
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-27
Meeting 93-07
March 24, 1993
AGENDA ITEM
Proposed Addition of the Glaubiger Property to Rancho San Antonio Open Space Preserve in
Exchange for Interest in District Land
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Adopt the attached resolution authorizing exchange of an interest in the former
Cunningham property for property owned by Glaubiger. Because this is an exchange
of dedicated land, a unanimous vote of the Board is necessary for adoption.
2. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the Glaubiger property as an addition to the
Rancho San Antonio Open Space Preserve.
3. Indicate your intention to withhold the property from dedication as public open space
at this time.
DISCUSSION (see attached map)
The two parcels being considered for exchange are located near the end of Ravensbury
Avenue and adjacent to the north boundary of the Rancho San Antonio Open Space Preserve.
In this transaction, the District would convey approximately 1.3 acre to an adjacent property
owner who, in return, would convey to the District a 1.2 acre parcel concurrently acquired
from Peninsula Open Space Trust. The District would retain an open space easement over
the parcel it currently owns.
The District land is the former Cunningham property which was gifted to the District in June
1986 (see report R-86-41 dated June 9, 1986). The parcel is triangular shaped and has an
existing 650 foot driveway connecting private parcels to the east with Ravensbury Avenue to
the west. The driveway is generally within an existing easement that benefits a private
residence and an undeveloped property owned by the Glaubigers. The Glaubigers wish to
improve the driveway in order to access their proposed homesite. Staff has reviewed grading
plans for the driveway and plans for the residential development and determined no
significant impact on the preserve.
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,Gin my Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
R-93-27 Page 2
DESCRIPTION (Parcel being acquired)
The 1.2 acre parcel being acquired is located at the end of Ravensbury Avenue and adjacent
to the north boundary of the Rancho San Antonio Open Space Preserve. It is partially
encircled by Ravensbury Avenue and a private driveway to the northeast, south and west.
District land and a developed access to the preserve are located on the opposite side of
Ravensbury Avenue. Private property adjoins the parcel to the north.
The topography of the site is generally characterized by a bowl-shaped depression with steep
slopes descending down from Ravensbury Avenue and the private driveway. A stream flows
south through the middle of the site and crosses under the road, entering the preserve
adjacent to the gate and stile. The stream is a tributary of Permanente Creek. Oaks and bay
laurels are common on the side slopes and poison oak is predominant throughout the site.
There are no improvements within the site.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in unincorporated Santa Clara County within the Sphere of Influence of the
P Pe Y � tY P
Town of Los Altos Hills. It is zoned HS (hillside) and is developable with a density of one
single residence. Ravensbury Avenue is a County maintained road up to the driveway
entrance to the preserve.
The stream and underground culvert connecting this property to the preserve has caused
occasional flooding problems near the preserve entry. Maintaining this property in a natural
state will inhibit flooding problems in the future. Preliminary plans for drainage repairs and
enhancement have been prepared but flooding has not occurred in recent years. The project,
if deemed necessary, will require a permit from Santa Clara County Transportation
Department.
Preliminary Use and Management Plan Recommendations
Dedication: Withhold the property from dedication. This will allow the trade of
development rights, or sale of a portion or all of the property.
Name: Name the property as an addition to Rancho San Antonio Open Space Preserve.
Signs: Install private property and preserve boundary signs where appropriate.
it
R-93-27 Page 3
Public Safety Review: Staff has inspected the site and determined that there are no public
safety hazards.
TERMS
The District property, which was received as a gift, is relatively steep and bisected by a
driveway servicing the adjoining Glaubiger property to the east. Because of the terrain, the
driveway effectively utilizes the entire site. In order for the Glaubigers to develop their
home on the adjoining property, they requested permission from the District to construct
some minor improvements to the driveway which would lie outside the existing easement.
Since the District's goal relative to this parcel can be accomplished through an open space
easement, the underlying fee title could be sold to shield the District from any liability
associated with the private driveway passing through the property. However, since this
property is dedicated as public open space, an exchange of land is the only practical method
to accomplish transfer of the property. Peninsula Open Space Trust had received a gift of a
1.2 acre property on the west side of Ravensbury Avenue from Mr. and Mrs. Bill Closs
approximately 10 years ago. It was POST's intent to sell or give this parcel to the District at
the appropriate time. Therefore, POST has arranged to sell this parcel to the Glaubigers for
$30,000 for the sole purpose of exchanging it to the District as a part of this transaction.
The final result for the District is relinquishing the underlying fee title to the former 1.3 acre
Cunningham property, while retaining an open space easement and securing an additional 1.2
acre parcel that is needed to improve drainage relative to the reserve. POST gains $30,000
P P g P
for its programs and the Glaubigers are free to improve the driveway as the originally
P g g P Y Y
requested. Since the real property rights being relinquished by the District are formally
dedicated, a unanimous vote of the Board is required.
Prepared by:
Del Woods, Senior Open Space Planner
Contact person:
L. Craig Britton, Assistant General Manager
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Rancho San Antonio Open Space Preserve f
+:'.'.\i���`�-� � � �/ �+..•.,v,,;,,ti��� ,�' _„w t� i`�k a �x;m;r,�r��,�.�r�,,t e. �,���A. . ,�"'� � yp 3r c�4�.Y�"��' L� �.
RHUS RIDGE ..,�
(r
\i + �j' ..��.Kr+ ��ti#, t aP':e+x„'it A' .�. � � � !,�k�o - �\�� _.���a�+s ���'ass^�'� �r� ���•'{ . �, bj "'y � �
RANCHO SAN ANTONIO OPEN SPACE PRESERVE
' t DUVENECK WINDMILL PASTURE AREA1f \ fir- j �� BICYCLES ALLOWED ONLY ON ROAD INTO
_� �- / f' J''I ^t DEER HOLLOW FARM OR ON BIKE TRAILS
jam, ' -' �' `• �'' IN RANCHO SAN ANTONIO COUNTY PARK
` '::�,,�-��`��� �-- � .•.��.•'^'���� ,�� Lys ;.�,. �.. rt���,;�s� :��� _ :�;F �` •3y e. u{�Y �fv� .:;� � ,�,�:
Q ,
0`� /ram -- -� L ( i_ �.✓ . , P
` •4i�
PROPOSED ADDITION �� i •�, '` �', �� r �,'
Pi
LAUBIGER PROPERTY)17
�`'<•� ' �,- �� �� •1I
•
,,;,j" `- j•\_�=, �' ,� ` �.t' PRQPOSED EXCHANGE PARCEL i �,. � %`•. '�
�� J ��� 'x,fi n `'`` •1%,(DISTRICT PARCEL) RAN p
r -- /''rt'►t < , �r� r, CHO SAN ANTONIO
COUNTY PARK
i Cam" �j �\ �_ � .� .�,1` �., ,�f r•�,n� .7� //-.. • ✓.��1 " p-.�'� .� .'�(r�� �'i` '` '+
'40C3 C- �� /-�` -d �' �-�._�� '`tea :_ �� _ •`'r w. A.✓?-?� "f
ROGUE VALLEY' PERMIT
,a ;
( 0.2
n \� � . ,
- (��� � f�S1 yr•1-..�/�0.3�,_ -J �� 0.8r 05 1
MEADOW RIDGE�11 .0.3 ti j
1.3 f`-�� \ 0.6 �� �f�/�vN -0.5 �
DEER HOLLOW j 1 s
�==0.3 _ '- FARM
� ��• � 1•9� � �,.- �_ ��\�� _ RANGER OFFICE
0.
1
-�- L - \ v
WILDCAT CANYON:HIKING ONLY O � ;6'' ^� EQUESTRIAN
TRAIL SEGMENT DEFINED BY •}E• `�, `"�� PARKING
NOTE: � � I`sao�����,'F```
TRAIL DISTANCE ��-IN MILES M -�� -. �:�, ; Feb 1 993 .,
lig
t }
t t L
vr� t ra! , s .. .�' .-r'k���.. . ... ., �-K:--,'.'?-�ii.- -.%�i4!'�.`f15 .��m-�. .•c-i. � . ICr)�J�I�C
RAVENSBURY AVE.
I �
1
II
II
PROPOSED ADDITION 1 PROPOSED EXCHANGE PARCEL
(GLAUBIGER PROPERTY (DISTRICT PARCEL)
\\ ADJOINING LANDS
\ OF GLAUBIGER
, o
1
PRIVATE PARCELS
.�� 7
P.O.S.T. C\\
(4.11 Ac.) 1 \\
RANCHO SAN ANTONIO
a \ } OPEN SPACE PRESERVE
1 }
TO ROGUE VALLEY
PROPOSED EXCHANGE PARCELS A
Scale: Schematic North
March 1993
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF AGREEMENT TO EXCHANGE
INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT, AND AUTHORIZING ASSISTANT GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE
PRESERVE - LANDS OF GLAUBIGER)
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept the offer contained in that certain Agreement to Exchange Interests in
Real Property between Daniel L. Glaubiger, et ux. and the Midpeninsula Regional Open Space
District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the
President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The President of the board or other appropriate officer is authorized to
execute certificate(s) of acceptance to the deed(s) conveying title to the property being acquired by
the District.
Section Three. The President of the board or other appropriate officer is authorized
to execute the Deed granting to Glaubiger the property interests being conveyed by the District.
Section Four. The Assistant General Manager of the District shall cause to be given
appropriate notice of acceptance to Glaubiger. The Assistant General Manager further is authorized
to execute any and all other documents in escrow necessary or appropriate to the closing of the
transaction.
Section Five. The Assistant General Manager of the District is authorized to expend
up to $2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related
to this transaction.
Section Six. The Board of Directors finds that the granting and releasing of the
interests in District property is in accordance with the Basic Policy of the District and is not
detrimental to the open space character of Rancho San Antonio Open Space Preserve.
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
This Agreement is made and entered into effective as of the day
of 1993 by and between DANIEL L. GLAUBIGER and MEREL P.
GLAUBIGER, husband and wife (hereinafter "Glaubiger") , and the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed
pursuant to Article 3 of Chapter 3 of Division 5 of the California
Public Resources Code (hereinafter "District") .
RECITALS
WHEREAS, Glaubiger is in the process of acquiring certain real
property ("the Glaubiger Property") containing approximately 1. 2 acres
within an unincorporated area of the County of Santa Clara, State of
California; being more particularly described in Exhibit "All as
attached hereto and incorporated herein by this reference; and
WHEREAS, District was organized as a public district to acquire real
and personal property by purchase, exchange, gift, or bargain sale for
public park, recreation, conservation and open space purposes in the
San Francisco Midpeninsula area; and
WHEREAS, the Glaubiger Property has natural beauty, open space and
recreational value currently of interest to District; and
WHEREAS, District owns certain unimproved real property (the "District
Property") , containing approximately 1. 3 acres and located within an
unincorporated area of the County of Santa Clara, State of California;
being more particularly described in the real property description
attached hereto as Exhibit IIBII and incorporated herein by this
reference; and
WHEREAS, Glaubiger is desirous of acquiring fee title to the District
Property subject to certain open space restrictions, as Glaubiger
intends to use the District Property solely for access improvements
for Glaubiger' s adjoining property to the east, as shown on the "Map"
labeled Exhibit "CIO , as attached hereto and incorporated herein by
this reference; and
WHEREAS, Glaubiger desires to sell and exchange fee title to the
Glaubiger Property to District and District desires to sell and
exchange fee title to the District Property subject to certain open
space restrictions, without cash consideration from either party to
the other, upon the terms and conditions hereinafter set forth.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the
mutual promises and covenants herein contained, the parties hereto
agree as follows':
1. Property Interests to be Conveyed by District. District
Exchange Agreement - Glaubiger Page 2
agrees to grant and convey to Glaubiger, and Glaubiger agrees to
receive and accept fee title from District to the District property as
described in Exhibit "Bit , and as shown on the Map labeled Exhibit licit ,
subject to certain open space restrictions as further described in the
"Grant Deed" in the form attached hereto as Exhibit IIDII and
incorporated herein by this reference.
Title and possession of the District Property and the interests
therein shall be conveyed and exchanged to Glaubiger at the Closing
(as hereinafter defined) , free and clear of all liens, encumbrances,
easements, assessments, leases (recorded or unrecorded) , restrictions,
rights, covenants and conditions of record, except:
a. District warrants that no taxes are due for any period
of time prior to close of escrow.
b. Any title exceptions or encumbrances as may be
acceptable to the parties hereto.
C. The limitations imposed by the Grant Deed (Exhibit I'D")
being recorded as a part of the Closing.
2 . Property conveyed by Glaubiger. Glaubiger agrees to grant
and convey to District and District agrees to receive and accept fee
title from Glaubiger, the Glaubiger Property, as described in said
Exhibit "A" , subject to the conditions of Section 7 hereinbelow.
Title and possession of the Glaubiger Property and interests therein
shall be conveyed and exchanged to District at the Closing, free and
clear of all liens, encumbrances, easements, assessments, leases
(recorded or unrecorded) , restrictions, rights, covenants, and
conditions of record except:
a. Any and all real property taxes, if any, for the fiscal
year in which escrow closes shall be prorated as of the close of
escrow.
b. Any title exceptions or encumbrances which may be
acceptable to the parties hereto.
3 . Waiver of Statutory Compensation. Glaubiger and District
understand and agree that Glaubiger may be entitled to receive the
fair market value of the Glaubiger Property under the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970
(Public Law 91-646) and California Government Code Section 7267, et
seq. Glaubiger acknowledges that he is familiar with the applicable
federal and California law. Glaubiger hereby waives all existing and
future rights he may have to receive the fair market value of the
Property under any applicable federal or California law.
Exchange Agreement - Glaubiger Page 3
4 . Escrow. Promptly upon execution of this Agreement, an
escrow shall be opened at First American Title Guaranty Company, 329
S. San Antonio Road, Los Altos, California 94022 or other title
company acceptable to District and Glaubiger ("Escrow Holder") through
which the purchase and exchange of the Real Property interests shall
be consummated. A fully executed copy of this Agreement shall be
deposited with Escrow Holder to serve as escrow instructions to Escrow
Holder; provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow Holder may
reasonably require. This Agreement may be amended or supplemented by
explicit additional escrow instructions signed by the parties, but the
printed portion of such escrow instructions shall not supersede any
inconsistent provisions contained herein. Escrow Holder is hereby
appointed and designated to act as an escrow holder and is authorized
and instructed to deliver, pursuant to the terms of this Agreement,
the documents and monies to be deposited into the escrow as herein
provided, with the following terms and conditions to apply to said
escrow:
a. The time provided for in the escrow for the close
thereof shall be on or before April 30, 1993 , however, that the
parties may, by written agreement, extend the time for Closing. The
term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the Grant Deed and other documents (as defined
below) to be recorded in the Office of the County Recorder of Santa
Clara County. Right to possession of the respective real property
interests shall occur upon Closing.
b. Glaubiger shall deposit into the escrow on or before
the Closing an executed and recordable Grant Deed for the Glaubiger
Property in a form acceptable to District.
C. District shall deposit into escrow on or before the
Closing: (i) an executed and recordable Grant Deed for the District
Property in the form shown in Exhibit "D", and (ii) the required
Certificate of er Acceptance for the Grant Deed for the Glaubiger
g
Property duly executed by District and to be dated as of the Closing.
P Y
d. District and Glaubiger shall, during the escrow period,
execute any and all documents and perform any and all acts reasonably
necessary or appropriate to consummate this exchange transaction
pursuant to the terms of this Agreement.
e. At no cost to District, Glaubiger shall cause First
American Title Guaranty Company, or other title company acceptable to
District and Glaubiger, to be prepared and committed to deliver to
District a standard coverage CLTA Policy of Title Insurance, dated as
of the Closing, insuring District in the amount of Thirty Thousand and
No/100 Dollars ($30, 00. 00) for the Glaubiger Property showing title to
the Glaubiger Property vested in fee simple in District, subject to
the exceptions enumerated in Section 2 hereinabove.
Exchange Agreement - Glaubiger Page 4
f. At District's cost, District shall cause First American
Title Guaranty Company, or other title company acceptable to District
and Glaubiger, to be prepared and committed to deliver to Glaubiger a
standard coverage CLTA Policy of Title Insurance dated as of the
Closing, insuring Glaubiger in the amount of Thirty Thousand and
No/100 Dollars ($30, 000. 00) for the District Property and showing
title to the District Property vested in fee simple in Glaubiger,
subject to the exceptions enumerated in section 1 hereinabove.
9- All costs or expenses for escrow fees, and other
ordinary costs and fees associated with close of escrow excluding
title insurance fees shall be apportioned and allocated equally
(50/50) between District and Glaubiger. All other costs or expenses
not otherwise specifically provided for in this Agreement shall, if
applicable to the transfer of the District Property, be allocated
between District and Glaubiger in the manner customary in Santa Clara
County; and, if applicable to the Glaubiger property, District shall
pay the customary buyer portion of such cost or expense. All current
property taxes, if any, shall be prorated through escrow between
District and Glaubiger as of the Closing based upon the latest
available tax information using the customary escrow procedures.
h. Escrow Holder shall, when all required funds and
instruments have been deposited into the escrow by the aroriate
parties and wheri' all other conditions to Closing have beenpp fuplfilled,
cause the Grant Deeds and other recordable documents to be recorded in
the Office of the County Recorder of Santa Clara County. Upon the
Closing, Escrow Holder shall cause to be delivered to District and
Glaubiger originals of the policies of title insurance required
herein, and to District and Glaubiger, as the case may be, all other
documents or instruments which, in accordance with the intentions of
this Agreement, are to be delivered to them. In the event the escrow
terminates without closing as provided herein, Escrow Holder shall
return all monies, documents or other things of value deposited in the
escrow to the party depositing the same.
5. Ricthts and Liabilitiesof the Parties in the Event of
Termination. In the event this Agreement is terminated and escrow is
canceled for any reason' all parties shall be excused from any further
obligations hereunder, except as otherwise provided herein. Upon any
such termination of escrow, all parties hereto shall be jointly and
severally liable to Escrow Holder for payment of its title and escrow
cancellation charges (subject to rights of subrogation against any
party whose fault may have caused such termination of escrow) , and
each party expressly reserves any other rights and remedies which it
may have against any other party by reason of a wrongful termination
or failure to close escrow.
6. Condition Precedent. As a condition precedent, the
obligations of Glaubiger to sell, convey and exchange the Glaubiger
Property, as described in said Exhibit "All herein, to District, and
Exchange Agreement - Glaubiger Page 5
the obligations- of District to sell, convey and exchange the District
Property, as described in Exhibit "B" herein, to Glaubiger, are
conditioned upon the acquisition by Glaubiger on terms acceptable to
Glaubiger of fee title to the Glaubiger Property as described in said
Exhibit "A" . It is further understood and agreed that, except as
provided in Section 3 herein (in its entirety) , District shall not be
responsible for any fees or costs, involved in the purchase and Close
of Escrow of the Glaubiger Property by Glaubiger. It is the intent of
the parties that the transactions of purchase and exchange shall be
simultaneous, however, if said exchange does not occur, District shall
assume any and all liability of the uncompleted purchase of land from
Peninsula Open Space Trust, and each party shall bear their own costs.
7 . Specific "As Is" Acceptance by District of Glaubiger
Property. District has physically inspected the Glaubiger Property
and inspected all necessary legal documents regarding same. District
agrees to accept said property from Glaubiger in an "AS IS" condition,
and also agrees to exculpate Glaubiger from any liability with regard
to the Glaubiger property in exchange for receiving title to the
Glaubiger property in accordance with the terms of this Agreement and
receiving the Policy of title Insurance as being provided to District
hereunder. Glaubiger agrees to assign any and all warranties which
Glaubiger received as a part of the purchase of the Glaubiger property
in accordance with Section 6 herein.
8 . Specific "As Is" Acceptance by Glaubiger of District
Property. Glaubiger has's physically inspected the District Property
and inspected all necessary legal documents regarding same. Glaubiger
agrees to accept said property from District in an "AS IS" condition'
and also agrees to exculpate District from any liability with regard
to the District property in exchange for receiving title to the
District property in accordance with the terms of this Agreement and
receiving the Policy of title Insurance as being provided to Glaubiger
hereunder.
9 . Miscellaneous Provisions.
9 . 01 Choice of Law. The internal laws of the State of
California, regArdless of any choice of law principles, shall govern
the validity of this Agreement, the construction of its terms and the
interpretation of the rights and duties of the parties.
9 . 02 Attorneys ' Fees. If either party hereto incurs any
expense,' including reasonable attorneys ' fees, in connection with any
action or proceeding instituted by reason of any default or alleged
default of the other party hereunder, the party prevailing in such
action or proceeding shall be entitled to recover from the other party
reasonable expenses and attorneys ' fees.
9 . 03 Amendment and Waiver. The parties hereto may by
mutual written agreement amend this Agreement in any respect. Any
Exchange Agreement - Glaubiger Page 6
party hereto may: (i) extend the time for the performance of any of
the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in
this Agreement or in any documents delivered pursuant hereto; (iii)
waive compliance by the other party with any of the covenants
contained in this Agreement or the performance of any obligations of
the other party; or (iv) waive the fulfillment of any condition that
is precedent to the performance by such party of any of its
obligations under this Agreement. Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
9. 04 Rights Cumulative. Each and all of the various
rights, powers and remedies of the parties shall be considered to be
cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event
of the breach of any of the terms of this Agreement. The exercise or
partial exercise of any right, power or remedy shall neither
constitute the exclusive election thereof nor the waiver of any other
right, power or remedy available to such party.
9 . 05 Notices. All notices, consents, waivers or demands of
any kind which either party to this Agreement may be required or may
desire to serve on the other party in connection with this Agreement
shall be in writing and may be delivered by personal service or sent
by telegraph or cable or sent by registered or certified mail, return
receipt requested, with postage thereon fully prepaid. All such
communications shall be addressed as follows:
Glaubiger: Daniel L. and Merel P. Glaubiger
3466 Jackson Street
San Francisco, CA 94118
(4 15) 563-33 14
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton,
Assistant General Manager
(4 15) 691-1200
FAX (415) 691-0485
Copy To: Stanley R. Norton,' Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
FAX (415) 327-9151
If sent by telegraph, facsimile or cable, a conformed copy of such
telegraphic, facsimiled or cabled notice shall promptly be sent by
mail (in the manner provided above) to the addressee. Service of any
such communication made only by mail shall be deemed complete on the
Exchange Agreement - Glaubiger Page 7
date of actual delivery as shown by the addressee's registry or
certification receipt or at the expiration of the third (3rd) business
day after the date of mailing, whichever is earlier in time. Either
party hereto may from time to time, by notice in writing served upon
the other as aforesaid, designate a different mailing address or a
different person to which such notices or demands are thereafter to be
addressed or delivered. Nothing contained in this Agreement shall
excuse either party from giving oral notice to the other when prompt
notification is appropriate, but any oral notice given shall not
satisfy the requirement of written notice as provided in this Section.
9 . 06 Severability. If any of the provisions of this
Agreement are held to be void or unenforceable by or as a result of a
determination of any court of competent jurisdiction, the decision of
which is binding upon the parties, the parties agree that such
determination shall not result in the nullity or unenforceability of
the remaining portions of this Agreement. The parties further agree
to replace such void or unenforceable provisions which will achieve,
to the extent Possible, the economic, business and other purposes of
the void or unenforceable provisions.
9 . 07 Counterparts. This Agreement may be executed in
separate counterparts, each of which shall be deemed as an original
and when executed, separately or together, shall constitute a single'
original instrument, effective in the same manner as if the parties
had executed one and the same instrument.
9 . 08 Waiver. No waiver of any term, provision or condition
of this Agreement, whether by conduct or otherwise, in any one or more
instances, shall be deemed to be, or be construed as, a further or
continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
9. 09 Entire Agreement. This Agreement is intended by the
parties to be the final expression of their agreement; it embodies the
entire agreement and understanding between the parties hereto; it
constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior
correspondence, conversations, negotiations, agreements or
understandings relating to the same subject matter.
9 . 10 Time of Essence. Time is of the essence of each
provision of this Agreement in which time is an element.
9 . 11 Survival of Covenants. All covenants' of District or
Seller which are expressly intended hereunder to be performed in whole
or in part after the Closing, and all representations and warranties
by either party to the other, shall survive the Closing and be binding
upon and inure to the benefit of the respective parties hereto and
their respective heirs, successors and permitted assigns.
Exchange Agreement - Glaubiger Page 8
9 . 12 Assignment. Except as expressly permitted herein,
neither party to this Agreement shall assign its rights or obligations
under this Agreement to any third party without the prior written
approval of the other party.
9 . 13 Further Documents and Acts. Each of the parties
hereto agrees to execute and deliver such further documents and
perform such other acts as may be reasonably necessary or appropriate
to consummate and carry into effect the transactions described and
contemplated under this Agreement.
9 . 14 Binding on Successors and Assigns. This Agreement and
all of its terms, conditions and covenants are intended to be fully
effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto.
9 . 15 Broker' s Commission. District and Seller represent
and acknowledge that no broker's commission or finder' s fee is payable
either party with regard to the transaction. Each party agrees to and
does hereby indemnify and hold the other harmless from and against any
and all costs, liabilities,
losses, damages, claims, causes of actin
or proceedings which may result from any broker, agent or finder,
licensed or otherwise, claiming through, under or by reason of the
conduct of the indemnifying party in connection with this transaction.
9 . 16 Captions. Captions are provided herein for
convenience only and they form no part of this Agreement and are not
to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
9 . 17 Pronoun References. In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and the
plural shall include the singular, and the use of any gender shall
include all other genders as appropriate.
10. Acceptance. Provided that this Agreement is delivered to
District on or before 5: 00 P.M. March 17, 1993 , District shall have
until midnight March 24, 1993 to approve, accept and execute this
Agreement and during said period this instrument shall constitute an
irrevocable offer by Glaubiger, subject . to the terms and conditions of
Section 6 herein, to sell, exchange and convey the Glaubiger Property
to District for the consideration and under the terms and conditions
herein set forth. Provided that this Agreement is accepted and
executed by District, this transaction shall close as soon as
practicable in accordance with the terms and conditions set forth
herein.
Exchange Agreement - Glaubiger Page 9
f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
' be executed by their duly authorized officers to be effective as of
the date of final execution by District in accordance with the terms
hereof.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM:
Daniel L. GladlAger
M1 4 � Date
n Staley Nor n,' District- Counsel
ACCEPTED FOR RECOMMENDATION
Merel P. G aubigei
• Date:
i
L. Craig Britton, SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
I
Real property situated in the Town of Los Altos Hills, County of Santa Clara,
State of California, described as follows:
PARCEL 1:
LOT 4, "Tract No. 3298, being a portion of Lot 2, Section 8, T. 7 S. R. 2 W.
M.D.B. & M.", filed for record on September 11, 1964, in Book 184 of Maps,
page 56.
PARCEL 2:
An easement as reserved in the deed to California Pacific Title & Trust Company
recorded September 8, 1937 in Book 839, page 452 of Official Records, and
described as follows:
A strip of land, 40 feet in width, lying 20 feet on each side of the following
described center line:
Beginning at the southerly termination of the center line of Ravensbury Avenue
as the same is shown upon that certain Map entitled "Map Los Altos Country Club
Properties, Loyola, Santa Clara County, California" which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of
California, on January 21, 1924 in Volume "R" of Maps, at page 50, run
thence from said point of beginning south 39' 37' East 282 feet, more or
less, to the south line of lot 2, in section 8, township 7 south, range 2
west, M.D.M.
EXHIBIT
•
Page of
All that certain real property in the County of Santa Clara, State of
California , described as follows :
Parcel One
Beginning at an iron pin , which marks the Southeast corner of Lot 2, in
Section 8 Township 7 South, Range 2 West , Mount 'Diablo Meridian , and
running thence North 0 deg 30 ' East along the Easterly line of said Lot
2, for a distance of 48 . 20 feet to an iron pipe, the Northeasterly
corner of said Lot 2 in the Southerly boundary of Rancho San Antonio;
thence along. the Southerly boundary of Bancho San Antonio, North 75 deg
0 ' West 617 . 15 feet; thence South 39 deg 57 ' East parallel to an
distant Northeasterly- 20 feet from the center line of a 30 foot road ,
265 .70 feet to the South line of said lot 2; thence South 89 deg 30 '
East 426 . 68 feet to the point of begihnning, containing approximately
1 .33 acres,' and being a portion of Lot 2 in Section 8, Township 7
South , Range 2 West, Mount Diablo Meridian.
Parcel Two
An easement and right of wayfor -
r road purposes over a strip of lan
d 3 D Q
feet in width , along
the Northerly line of said Lot 2, and lying
between the center line of Ravensbury Avenue, and the hereinabove
described piece of land.
tXMIBIT _
Wage�of
RAVENSBURY AVE.
I �
I
11
II
PROPOSED ADDITION I` PROPOSED EXCHANGE PARCEL
(GLAUBIGER PROPERTY (DISTRICT PARCEL)
\\ /ADJOINING LANDS
\ OF GLAUBIGER
1
PRIVATE PARCELS
P.0.S.T. \
(4.11 Ac.)
RANCHO SAN ANTONIO
OPEN SPACE PRESERVE
X �� TO ROGUE VALLEY
to �-,�
to =
00
O
PROPOSED EXCHANGE PARCELS
Scale: Schematic North
March 1993
i
WHEN RECORDED MAIL TO:
Daniel L and Merel P. Glaubiger
3466 Jackson Street
San Francisco, CA 94118
GRANT DEED DECLARATION OF RESTRICTIONS LIMITATIONS
AND RESERVATION OF EASEMENT RIGHTS
RECITALS
A. The MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public
District (hereinafter "District") , is the owner of certain real
j property situated in the unincorporated territory of the County
of Santa Clara, State of California, more particularly described
in Exhibit "I" , attached hereto and incorporated herein by this
j reference and as shown on the Map attached hereto as Exhibit "II"
as attached hereto and incorporated herein by this reference
! (hereinafter the "Subject Property" or "Property") .
B. Pursuant to that certain Agreement to Exchange
Interests in Real property, dated March 24, 1993, it is the
desire of District to grant to DANIEL L. and MEREL P. GLAUBIGER,
husband and wife (hereinafter "Glaubiger") , fee title in and to
the Property, subject to certain restrictions, limitations and
reservation of easement rights as more particularly described in
Exhibit "III" as attached hereto and incorporated herein by this
reference.
NOW THEREFORE, for valuable consideration, receipt of which
is hereby acknowledged, District hereby grants to Daniel L.
Glaubiger and Merel P. Glaubiger, husband and wife, fee title to
the property as described in Exhibit "I", and as shown on Exhibit
"II" , subject to the restrictions, limitations and reservation of
easement rights as provided in Exhibit "III" .
i
i
i
i�
EXHIBIT
Page .. A .,of�
Exhibit I
Page 1 of 1
All that certain real property in the County of Santa Clara, State of
California , described as follows:
Parcel One
. r
Beginning at an iron Din , which marks the Southeast corner of Lot 2, in
Section 8 Township 7 South, Range 2 West , Mount *Diablo Meridian, and
running thence North 0 deg 30 ' East along the Easterly line of said Lot
2, for a distance of 48 . 20 feet to an iron pipe, the Northeasterly
corner of said Lot 2 in the Southerly, boundary of Rancho San Antonio;
thence along the Southerly boundary of Bancho San Antonio, North 75 deg
0 ' West 617 . 15 feet; thence South 39 deg 57 ' East parallel to an
distant Northeasterly. 20 feet from the center line of a 30 foot road ,
265 . 70 feet to the South line of said Lot 2; thence South 89 deg 30 '
East 426 .68 feet to the point of begihnning, containing approximately
1 .33 acres,' and being a portion of Lot 2 in Section 8 , Township 7
South, Range 2 Kest, Mount Diablo Meridian.
Parcel Two
An easement and right of way for road purposes over a strip of land 30
feet in width, along the Northerly line of said Lot 2 , and lying
between the center line of Ravensbury Avenue, and the hereinabove
described piece of land.
EXHIBIT
Page —
Exhibit II
Page 1 of 1
RAVENSBURY AVE.
II I
II
11
PROPOSED ADDITION PROPOSED EXCHANGE PARCEL
(GLAUBIGER PROPERTY (DISTRICT PARCEL)\
�\ ADJOINING LANDS
\ //OF GLAUBIGER
1
PRIVATE PARCELS
—
—
1
P.O.S.T.
(4.11 Ac.) �\
RANCHO SAN ANTONIO
\� toQ\\ OPEN SPACE PRESERVE
01
to > 111�1 // TO ROGUE VALLEY
to 3:
0
-h
PROPOSED EXCHANGE PARCELS A
Scale: Schematic North
Exhibit III
Page 1 of 7
RESTRICTIONS, LIMITATIONS AND RESERVATION
OF EASEMENT RIGHTS
The Property being conveyed by District to Glaubiger
(described in Exhibit "I" and shown on Exhibit 'III") under this
Deed shall be subject to the restrictions, limitations and
reservation of easement rights set forth hereinbelow:
1. Use by Glaubiger
Glaubiger is granted the right to use the Subject
Property in any manner consistent with the stated purposes,
terms, conditions, restrictions and covenants of this reservation
of rights and with existing zoning and other laws, rules and
regulations of the State of California and the County of Santa
Clara, or the agency having jurisdiction thereof, as such laws,
rules and regulations may hereafter from time to time be amended.
Glaubiger is further specifically granted the right to
do the following, such right in no way to be considered as a
limitation of the general grant of rights described in the
preceding paragraph:
a. To improve the existing driveway passing through
the Subject Property in accordance with the
standards required by the County of Santa Clara or
the agency having jurisdiction in order to serve
Glaubiger's adjoining property as shown on map
attached as Exhibit IIIIII
b. Build fences and gates to conform to existing
fences, or of a rustic nature. Any gates which
are constructed may be automatic or electric;
C. Remove diseased and/or dead plants and trees and
remove such undergrowth as may be required for
fire prevention, or public health and safety; and
d. Plant native species of plants indigenous to the
area.
e. To extract subterranean water or utilize existing
springs for the purpose of irrigation of the
Subject Property; provided that the plans and
construction of such well, water lines and
irrigation accouterments shall require written
approval of District, which approval shall not be
unreasonably denied.
EX H I B I T
Page *
Exhibit III
Page 2 of 7
2 . Limitations on Use by Glaubiger.
Glaubiger covenants and agrees for themselves and their
heirs, successors and assigns, except where contrary to the above
described rights specifically retained, that Glaubiger shall not
do any of the following on all or any part of the Subject
Property:
a. Erect, construct, place or maintain or authorize
the erection, construction, placement or
maintenance of any improvement, building or
structure or any other thing whatsoever on the
Subject Property other than such improvements,
buildings, structures or other things existing on
the Subject Property at the time of the
recordation of this Deed or as necessary for
fencing and driveway improvement.
b. - Cut, uproot or remove or authorize the cutting,
uprooting or.
removal of timber or trees or other
natural growth found or located on the Subject
Property for any purpose or purposes whatsoever
(including, without limitation, harvesting of
timber or firewood except as may be required for
fire prevention, elimination of diseased growth,
or construction and maintenance of the driveway,
as provided in Paragraph 1 hereinabove.
C. Use or authorize the use of the Subject Property
for any purpose except as open space.
d. Use or authorize others to use the Subject
Property or any portion thereof as a parking lot,
storage area or dump site or otherwise deposit or
authorize to be deposited on the Subject Property
or any portion thereof (temporarily or otherwise)
anything whatsoever which is not indigenous or
natural to said Subject Property.
e. Cover or cause the Subject Property to be covered
in whole or in part with any asphalt, stone,
concrete or other material which does not
constitute natural cover for the land, or
otherwise disturb the natural cover for the land
except as required by the county or other
governmental entity for driveway construction.
f. Fish, trap, hunt, capture, kill or destroy or
authorize the fishing, trapping, hunting,
capturing or destruction of fish or aquatic life
EXH1131T
Page NEW Of
r
Exhibit III
Page 3 of 7
on the Subject Property for health o P Y except P r
safety purposes.
g. Hunt or trap or authorize the hunting or trapping
of animal life on the Subject Property. Pursuant
thereto, Glaubiger, their heirs, successors or
assigns, shall not trap, kill, capture or destroy
or authorize the trapping, killing, capturing or
destruction of anima
l life on
the Subject Property
7 P Y
except under prior written permission of the
County of Santa Clara for health and safety
purposes only.
h. Divide or subdivide the Subject Property or
otherwise transfer or convey (other than a
transfer resulting from condemnation and taking)
any portion of or interest in the Subject Property
less than the whole to one or more parties, or
convey the Subject Property to two or more parties
each of whom acquires title to less than the whole
of the Subject Property; provided, however, that
the foregoing limitations shall not prohibit a
transfer or conveyance of the Subject Property, in
its entirety, to two or more parties who acquire
title as joint tenants, tenants in common or
community property. As used herein "party" means
and includes any person, corporation, partnership
or other legal entity capable of holding title to
real property.
i. Excavate or grade or authorize any excavation or
grading to be done or place or authorize to be
placed any sand, soil, rock, gravel or any other
material whatsoever on the Subject Property except
as the same may be necessary for construction and
maintenance of the existing driveway.
j . Operate or authorize the operation on the Subject
Property of any motor bike, trail bike, go cart or
other motor driven or motor powered vehicles
except those motor vehicles les reasonably necessary
for the use of Glaubiger for the accomplishment of
the ur os p es for which the Subje
ct sect Property is
used pursuant to the terms and conditions,
restrictions and covenants set forth
her
ein for
the Subject Property.
k. Place any advertising signs of any kind or nature
on the Subject Property except for identification
and directional purposes and for the rental or
EXHIBIT
,Page of
Exhibit III
Page 4 of 7
sale of property consistent with the use of the
Subject Property as provided herein.
1. Plant vegetation on the Subject Property except
for approved soil management, erosion control,
reforestation and landscape screening; all
vegetation so planted shall be native California
vegetation indigenous to the area.
M. Excavate or change the topography of the Subject
Property except as allowed and approved in
accordance with the terms and conditions hereof.
n. Use or allow the use of firearms or dangerous
weapons on the Subject Property except for
personal protection and safety.
0. Use or authorize the use of fireworks or
pyrotechnics on the Subject Property.
p- Play or perform or allow the playing or
performance of loud and disturbing amplified
music.
q- Build, light or maintain' or authorize others to
t . build, light or maintain any open or outdoor fire.
r. Mine, extract, sever or remove, or permit or cause.
to be minded, extracted, severed or removed any
natural resource found or located on, above or
under the Subject Property in a manner that would
jeopardize or alter the natural scenic character
of the Subject Property, or otherwise engage in
any activity on the Subject Property which will or
may destroy the natural and scenic characteristics
of the Subject Property.
S. Allow the Subject Property to be ,used for purposes
of calculating development density of any kind or
nature whatsoever by the County of Santa Clara or
the agency having jurisdiction.
3 . Rights of District.
The District shall have the right to inspect the
Subject Property by giving Glaubiger at least two (2) weeks prior
notice. Glaubiger shall be entitled to receive in a timely
manner a copy, if any, of the report of such inspection by
District.
EXHIBIT
Page of
Pei
r
Exhibit III
Page 5 of 7
The District shall have the right to use the existing
driveway for inspection purposes only by District employees.
Glaubiger shall have no affirmative obligation to maintain the
existing driveway for such use by District.
4 . Limitations on Use by District.
The District shall not utilize the Subject Property in
any manner whatsoever, except as provided in Paragraphs 3 and 6
of this reservation of rights.
5. No Authorization for Public Trespass.
The reservation of this easement by District does not
authorize and is not to be construed as authorizing the public or
any member thereof to enter upon or use all or any portion of the
Subject Property or as granting to the public or any member
thereof any tangible rights in or to the Subject Property or the
right to go upon or use or utilize the Subject Property in any
manner whatsoever. It is understood that the purpose of this
reservation of rights is solely to restrict the use to which the
Subject Property may be put so that the Subject Property will be
kept in its natural condition, subject to continued use by the
Glaubiger's for its permitted purposes and uses.
6. Enforcement.
The stated purposes, terms, conditions, restrictions
and covenants set forth herein, and each and all of them, may be
specifically enforced or enjoined by proceedings in the Superior "I
Court of the State of California.
7 . Enforceable Restriction.
The easements and each and every term, condition,
restriction and covenant contained herein constitute an
enforceable restriction pursuant to the provisions of Section 8
of Article XIII of the California Constitution and Chapter 6. 6
(commencing with Section 510070) of Part 1, Division 1, Title 5
of the California Government Code and shall bind Grantor and its
heirs, successors and assigns and each and all of them and is
intended to run with the land.
8 . Notices.
All notices, consents, waivers or demands of any kind
which either party to this Grant of Easements may be required or
may desire to serve on the other party in connection herewith
shall be in writing and may be delivered by personal service or
sent by telegraph or cable or sent by registered or certified
EXHIBIT
Page "8:0-
Exhibit III
Page 6 of 7
mail, return receipt requested, with postage thereon fully
prepaid. All such communications shall be addressed as follows:
Glaubiger: Daniel L. and Merel P. Glaubiger
3466 Jackson Street
San Francisco, CA 94118
(415) 563-3314
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton,
Assistant General Manager
(415) 691-1200
If sent by telegraph or cable, a confirmed copy of such
telegraphic or cabled notice shall promptly be sent by mail (in
the manner provided above) to the addressee. Service of any such
communication made only by mail shall be deemed complete on the Ij
date of actual delivery as shown by the addressee's registry or
certification receipt or at the expiration of the third (3rd)
business day after the date of mailing, whichever is earlier in
time. Either party hereto may from time to time, by notice in
writing served upon the other as aforesaid, designate a different
mailing address or a different person to which such notices or
demands are thereafter to be addressed or delivered. Nothing
contained in this Grant of Easements shall excuse either party
from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the
requirement of written notice as provided in this paragraph.
9 . Binding Restrictions.
IT IS FURTHER AGREED, that all of the reservations,
limitations, covenants, conditions and restrictions contained
herein shall be binding upon Glaubiger's, their respective
successors and assigns, lessees, invitees and any and all other
persons acquiring all or any portion of or interest in the
Subject Property that is subject to the provisions of this
Reservation of Easements, whether by operation of law or in any
other manner -tvhatsoever. All of the reservations, covenants
conditions and restrictions contained in this Reservation of
Easements are for the benefit of (i) District, its successors and
assigns; and (ii) the adjoining District Property. All of the
provisions hereof shall be covenants running with the land
pursuant to applicable law, including, but not limited to
Section 1468 of the Civil Code of the State of California. It is
expressly agreed that each grant, covenant, condition or
EXHIBIT.
Page
Exhibit III
Page 7 of 7
restriction contained herein to do or to refrain from doing such
act on the Subject Property:
a. Is a burden upon the Subject Property and each portion
thereof and interest therein that is subject to the
provisions of this Agreement, and
b. Shall be binding upon each successive owner during its
ownership of the Subject Property or portion thereof or
interest therein, derived in any manner.
Nothing herein shall be deemed to create a right of action
in any person or entity other than District, its successor and
assigns.
MIDPENINSULA REGIONAL OPEN GLAUBIGER
SPACE DISTRICT
ACCEPTED AND APPROVED:
Daniel L. Glaubiger
By:
Betsy Crowder, President
Board of Directors
ATTEST: Merel P. Glaubiger
Dated:
District Clerk
Dated:
EXHIBIT
Page I Q of I Q
Open ,space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-93-42
Meeting 93-07
March 24, 1993
AGENDA ITEM
Process for Filling General Manager Position `
BOARD PRESIDENT'S RECOMMENDATTON �
Determine the process for filling the position of general manager, including timing.
Discussion: This item is on the agenda to allow for a general discussion of the process,
including timing, to be used for filling the general manager's position. One idea already
proposed is to hold a public workshop to solicit input from the Board, staff, and public on
the filling of the position. Director Siemens' proposed selection process is shown on
the reverse side of this report.
Prepared by:
Jean Fiddes, Administrative Services Manager
Contact person:
Betsy Crowder, President
Board of Directors
I
MANAGER SELECTION PROCESS
(PETE'S SUGGESTIONS )
1. IDENTIFY CHARACTERISTICS
MEET WITH MGMT TEAM FOR THEIR IDEAS
MEET WITH BOARD MEMBERS INDIVIDUALLY FOR THEIR IDEAS
BOARD WORKSHOP TO DEVELOP CONSENSUS CRITERIA FOR MGR.
(SHOULD USE CONSULTANT FOR THIS)
2. SOLICIT APPLICANTS
(SHOULD USE CONSULTANT FOR THIS)
3. NARROW THE LIST , MAYBE TO 5 FINALISTS (PRE-SCREENING)
BOARD SUBCOMMITTEE
BOARD APPOINTED 'BLUE RIBBON' COMMITTEE
OR COMBINATION OF THESE
(CONSULTANT NOT NECESSARY)
4 . SELECT MANAGER
BOARD
3/15/93
Open Space
R-93-31
Meeting 93-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 24, 1993
AGENDA ITEM
Annual Claims List for Fiscal Year 1993-1994
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Approve the annual claims list, including debt service payments for the 1993-1994 fiscal
year.
Discussion: In accordance with Section 1.53 of the District's Rules of Procedure, this list of
annual claims for the 1993-1994 fiscal year is submitted for Board approval. All items are in
accordance with the budget to be presented at your March 24 meeting for approval. Staff
will submit a revised annual claims list during the 1993-1994 fiscal year to reflect necessary
changes.
The debt service claims list reflects payments required by currently outstanding debt.
Attachment A lists the District's current debt service annual claims for 1993-1994, and
Attachment B provides a detailed list of debt service obligations.
ANNUAL CLAIMS
ITEM DESCRIPTION AMOUNT
Directors' Fees $ 27,000
Staff Salaries 2,088,650
Retirement Funds 253,100
Group Insurance Premiums 231,150
State-Mandated Insurance 125,670
Management Vehicle Expense 4,250
Utilities - PG&E 43,800
Herbert Grench 152,932
Legislative Consultant (Heim, Noack, & Spahnn) 15,000
Dispatching Services (City of Mountain View) 13,000
Reuben's Janitorial Service 9,000
Lopez Gardening Service 2,400
Prepared by:
Michael L. Foster, Controller
Marie McGough, Accounting Specialist
Contact person:
Same as above
ATTACHMENT A
ANNUAL CLAIMS
DEBT SERVICE
FISCAL YEAR 1993-1994
NOTEHOLDER - LAND PRINCIPAL INTEREST
Hosking --- $ 40,000.00
Darling $ 149100.00 2,961.00
Dyer 30,000.00 43,400.00
Hams 4,437.50 4,260.00
Aine 6,140.82 11,984.00
Leverich 29716.77 1,935.03
Ertell 9,000.00 630.00
Jamison 11,110.65 2,153.78
Lazenby 3,431.99 5,286.47
Bullis 60,000.00 13,650.00
Gastronics --- 8,100.00
BONDS PAYABLE
1987 Notes 1,505,168.00 396,707.00
1988 Notes 700,000.00 570,000.00
1990 Notes --- 1,087,853.00
1990 COP's 40,000.00 745,095.00
1992 Notes --- 529,000.00
PURCHASE CONTRACTS AND $2,386,105.73 $3,463,015.28
BONDS
DEBT SEWICE WS4
X94 SPAM NEONE iie to Close Ent-ty D"cinai Nme W b Tarns Rminina Princimi c;na? Pm-D1e Payable U/94 Princical Interes
El Carte de Madera
03/01/03 500,000.( 9.0 10 years 500,000.00 03/01/90 41t,000.00 0.00 40,M0.010
Rv=O 1 Lei.
- I,arris O6/J1/0,0 88,750.X 5.0 7 Vears 71,000.00 06/01/95 8,597.53 4,437.50 4,260.00
Fcathilis
hire 01/18/89 192,000.00 1.0 20 tars 171,199.75 12/18/98 10,124.83 6.140.82 11,984.10
,ar1ina OS/15/85 141,�0.00 7.0 10 Y&7rS 42..00.00 0811fi/95 17.061.00 14,100.00 2.961.00
',0/1,/SS 500,OM.00 7.0 1C nears �00,OOO.00 10/17/96 35.0O0.00 0.00 J5.000.00
Dver 10/17/86 ?M,000.00 7.0 10 vears 120,000.00 10/17/96 ,8.400.00 30.000.00 8.400.00
1.00C.00 752.300.0C 90.461.E 44,100.00 t5, 51.00
Sierra An i
Lemr41on 05/13/to,1 50,000.00 7.0 .'.0 ors 28,872.59 05/22/2001 4,551.30 2.715.:? 1,^35.03
Ertel" 07/27/83 qn.000.00 ?.0 10 years 9>000.� O?/27/93 9,fi30.00 9,000.00 fi3C.00
amiscr, 03/28{85 95,200.00 7.0 10 nears 35.796.55 05/28/95 13.254.43 11,110.55 2.153.78
LaMOV OS{31188 100,000.00 5.0 20 tiears 88,107.30 OS/31/2008 8.718.46 3,4311.99 5.285.41,
"5/31/G1 135,000.00 5.0 5 years `35,0tIYfl_00 05/31,/96 8,100.00 8,100.00
\GLl�14A f14J U
470,200.00 296,777.04 44,364.59 25.259.41 10.,105.28
Skyline
~- VMS 05/02/86 600.000.00 1.0 10 years 210,000.00 05/02/% 73,550.00 50,000.00 13,650.00
a
MOTAL-11IR t{ASE C O.OQ 0.00 2.791,950.00 0.00 0.00 1.911,276.79 0.00 275,298.01 140.93't.73 134,360.28 =
3
m
Varia s Nate:;
1987 Note 04/01/87 21,200,000.00 5.445 10 yews 7,406,362.00 03/01/97 1,901,875.00 1,505,158.00 396,707.00 W
10 Note 02/01/88 12,500,000.00 20 years 12,500,000.00 02/01/2008 1,270,OM.00 700.000.00 570,000.0O
I%Nate 09/01/90 15,000,Ow.00 20 years 15,000,000.00 09 j01/2010 1,087,853.00 1,087,853.00
1990tw O91/01/90 10,000,000.00 20 1 s 9,%0,000.00 09/01/2010 785,mmo 40,000,00 745,095.00
W. Note 12/01/92 8,Ow,000.00 20 years 8,000,000.00 12/01/2012 529,000.00 529,000.00
MTOTAL-NOTES 66,700,000.00 52,856,362.00 5,573,823.00 2,245,1,58.COO 3,328,555.00
TOTALS 59,491,950.00 54.777.538.79 5,849,121.01 2,386,105.73 31,463,015,N
Open Space
t
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, Assistant General, Manager
DATE: March 19, 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
General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
i
'MAR IS 1993
Harry H. Haeusslerr Jr.
1094 Highland Circle
Los Altos# CA 94024
March 11, 1993
Editors Times Tribune
245 Lytton Ave
Palo to, CA 94301
I feel , the Board of Directors of Midpeninsula Regional Open
Sp ace District have been "underhanded" with the public in
the matter of the termination agreement with Herbert Grench.
I will not question the agreement here, merely the manner in
which the public was informed. Personnel and pay matters
were properly discussed In closed sessions and to my
knowledge the only information the public had was that at
one of the public meeting around the end of the year or
after the start of` this year Drench had mentioned his
retirement at the end of April.
The first public information' vas the article in the Times
Tribune on March 6. There was no public meeting of the Board
of Directors in which the public could have input into the
matter before it was finalized.
The first public information, other than the news article,
was on the addenda for March IOP and then it was listed as a
Consent Item. All Consent Items are approved without
discussion by one motion.
In my mind, this vas an underhanded attempt to get the
agreement approved without public Input. In other words, the
public be damned.
Harry 4.Haeussler, Jr.
(415) 961 4307
copy to,: Board 'of Virectors"'o .MROSD
Open Space
-----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 16, 1993
William W. Fellman
Manager Real Property
City of Palo Alto
Department of Finance
P. O. Box 10250
Palo Alto, CA 94303
Subject: Proposed Exchange of Lands - Foothill Park/Monte Bello
Open Space Preserve
Dear Bill:
The District and the City of Palo Alto have been discussing the
possibility of exchanging park lands - the District owned 67
acres adjacent to Foothill Park for the City owned 80 acres
adjacent to Monte Bello Open Space Preserve - for many years. A
part of this discussion included delineating a public trail
alignment across City land connecting the Arastra Preserve with
Foothill Park and the District's Los Trancos and Monte Bello Open
Space Preserves. We estimate that it will cost approximately
$130, 000 to construct this trail. Such a trail would be
beneficial to the City and the public it serves and if the
District sponsored the construction of this trail, it would make
up for the theoretical difference in the value of the parcels
proposed for exchange.
In accordance with your letter of December 2 , 1992 and our recent
telephone conversation, the District is ready to formally
consider the land exchange on the following basis:
1. The District and the City would consummate the land exchange
immediately.
Y
2. The City understands that the District owned parcel was a
part of a federal Land and Water Conservation Fund grant
project and would accept the property subject to the
contractual requirements of the State agreement.
3 . Once the deeds were recorded, the District and the City
would each dedicate the property received from the p p y other as
public park and open space lands.
4 . The District would commit to building the trail in the
agreed upon location within the next 10 years. (The
District would need this amount of time to secure donations
and/or volunteer labor, as the State's Budget Crisis has
magnified District funding limitations. However, it would be
our hope to finish the project much more quickly. The
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
District's 20th An is ending as Palo Alto begins
it 's hundredth anniversary and this project appears to be a
good focus as a part of those celebrations. )
5. The District funding limit would be $150, 000 over the 10
year period, and if the trail couldn't be completed with
that level , of commitment, the District would have the
opportunity to reopen discussions with Palo Alto regarding
project completion. As requested by Palo Alto, the District
would not seek state or federal grant funds for this project
without prior City approval.
6. Once constructed, the trail would be open to the public and
be a multi-use connection- to the Bay Area Ridge Trail
system, and be operated, patrolled and maintained by the
City.
I look forward to your thoughtful comments on this proposal. I
hope that we can bring this matter to a conclusion in time for
the Centennial Committee to endorse this project as a part of
Palo Alto's planned celebration.
Once again, thank you for your continued interest in this matter.
*Sinceely,
'Iy,L. C aigg Britton
Assistant General Manager
LCB:snd
cc: MROSD Board of Directors
Director Nonette Hanko
Open Space
1
w-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 18, 1993
Cherie Cooper
Senate Appropriations Committee
Subcommittee on the Interior
134 Dirksen Senate Office Building
Washington, DC 20510
Dear Ms. Cooper:
As I mentioned on the phone today, the Midpeninsula Regional Open
Space District is in full support of the Phleger property addition
to the Golden Gate National Recreation Area. In fact, we are
willing to manage the property for the federal government for five
years while the National Park Service does its planning for the
site.
Peninsula Open Space Trust has done a truly remarkable job in
bringing together partnership of private individuals as well as
g g g a
non-profit and public agencies to preserve this treasured resource.
We hope that the community support which has translated into an
unprecedented private fundraising effort will be recognized as the
Congress sets its National Park funding priorities.
Although you will not be able to meet with me next week, I hope to
see you on a future trip. Some information on our District is
enclosed. If you're ever out our way, we'd be delighted to show
you some open space, including the Phleger property.
Sincerely yours,
Herbert Grench -
General Manager
HG:ej
cc: MROSD Board of Directors
Audrey Rust, Peninsula Open Space Trust
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
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 19, 1993
Ms. Elizabeth Evans
Lexington Hills Association
P.O. Box 522
Redwood Estates, CA 95044
Dear Ms. Evans:
Thank you for your recent call regarding the Midpeninsula Regional Open Space
District's position on recreational activities on and around Lexington Reservoir.
I'd like to reconfirm with you that the District generally favors passive recreational
Y g Y
activities that are compatible with surrounding'uses on the open space preserves. As you know,
the District strives toward keeping open space in its natural condition with minimal development
for low-intensity recreation. We have a strong interest in seeing that eventual development of
activities and facilities at the reservoir will compliment our goals.
Please feel free to contact our office if you would like additional information.
Sincerely,
Randy Anderson
Planning Manager
cc: Santa Clara County Parks & Recreation Commission
Santa Clara County Board of Supervisors
Midpeninsula Regional Open Space District Board of Directors
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 ED
General Manager:Herbert Grench Board o/Directors:Pete siemens,Robert McKibbin,Tema Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
•
DELIVER TIS MESSAGE!
The CPRS 1993 Legislative Conference will offer you an
opportunity to forge the future.
The state's economy and the impact on
local agencies will be addressed.
1993 LEGISLATIVE CONFERENCE
MAY 17-18 0 Meet individually with your with legislators.
SACRAMENTO
COMIv uN1TY CENTER &I'Discuss the situation at home with your legislator over breakfast.
56 Use CPRS policy statements on pertinent topics with supportive data as
the basis of discussions with legislators.
Special Nearing:
Gf Use CPRS policy statements on pertinent topics with supportive data as
P Y P P PP The Crisis in Parks and the basis of discussions with legislators.
Recreation in California 5f Promote the value of parks.
Assembly leaders will I Hear selected legislators and key state administrators discuss topics and
convene a hearing on The specific bills of concern to you.
Crisis in Parks and Recre- 1993 Legislative Conference Schedule
ation in California. The Monday,May 17
1-5 P.M. ...............CPRS Legislative Committee Meeting, Clarion Hotel
hearing will be before the 2-5 p.m. ...............Visit Your Legislator(s)
Assembly Water,Parks and 5:30-7 p.m. ..........Reception,Clarion
Hotel
May
Tuesday, y 18
Wildlife Committee.StruC- 7:30 a.m. .............Registration at Community Center
tured presentations by se- 8 a•m. ..................Continental Breakfast with Invited Legislators
8:30 a.m.-Noon....Legislative Briefings: State Budget, Proposed Park Bonds, other
lected CPRS members with Noon-1 p.m..........Legislative Luncheon includes noted speaker and
time for general comments presentation of Legislator of the Year Award
g 1:30-2:30 p.m. .....Special legislative Hearing The Crisis in Parks and Recreation
from the audience will be in California with Assembly Water Parks and Wildlife
included. Committee(State Capitol Bldg)
3-4 p.m. Visit Your Legislator(s)
❑ YES! Count on me to Deliver the a Messa Q' at 1993 Legislative Conference
Registration fees (includes Legislative Reception,Continental Breakfast and Luncheon) payment Information
❑CPRS Member$78 ❑Non-Member$1 15 ❑ Check Enclosed Amount$
Housing is available at any of the following hotels
Sacramento Hyatt Regency$1 10-S/DD Telephone(916)443-1234 ❑Visa ❑MasterCard
Clarion Hotel $72-S $82-DD Telephone(916)444-8000 Exp. Date
Ponderosa 1-$70-K, 2-$75-K, 2-$80-DD Telephone(916)441-1314
Card No.
Name
Telephone
Name
Agency Signature
Address Address(If different)
City/State/Zip
C3 Special accommodations Make Check Payable to CPRS
Mail check and registration form to CPRS,P.O.Box 161118,Sacramento,CA 95816,(916) 446-2777
+++++++++++++++
CAL IFORNIA PARK AND
RECREATION SOCIETY
in accordance with
THE TRAVEL PLACE
will secure
THE LOWEST POSSIBLE AIRFARE
FOR THE LEGISLATIVE CONF. IN
MA-'Y 17 - 185, 2993
(800) GO ON TRIP
(800) 466-6874
USE CALLING CODE PARKS
Open Space
1
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
DATE: March 24, 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
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
March 2211, 1993
California Department of Transportation
Transportation Facilities Enhancement Office
Transportation Enhancement Activities Branch
1120 N Street, Room 5306
Sacramento, CA 95814
Subject: Nomination to Advisory Council
To whom it may concern:
On behalf of the District, I would like to support the nomination of Jean Russmor'e for
the Transportation Enhancement Activities Advisory Council. Jean has been active in
San Francisco Peninsula trails and environmental preservation activities for many
years and is well known as the co-author of excellent books on local trails.
Jean has personal qualities that would be of great value to the advisory council. She
is a good listener, but can be assertive when necessary, and she is an objective
thinker.
I encourage you to appoint Jean Russmore to the advisory council, as she would be of
great value in facilitating the thorough and evenhanded administration of the
Transportation Enhancement Council.
7 Y9
L. Craig
Assistant General Manager
LCB/RA/dz
cc: Betsy Crowder, President
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 0
GeneralManager-Herbert Grench Board of Directors:fete Siemens,Robert M(Kibbin, I eena Henshaw,Ginny Babbitt,Nonette flanko,Betsy Crowder,Wirn de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
March 24, 1993
State of California.
Park and Recreation Commission
c/o Resources Agency
Department of Parks and Recreation
P.O. Box 942196
Sacramento, CA 94296-0001
Dear Park and Recreation Commissioners:
We understand that the statewide parks planning program is proposed to be eliminated
as one of the casualties of the current state budget crisis. On behalf of this District, I
urge you"to carefully consider overall budget priorities, and to preserve the viability of
statewide parks and recreation planning. No other organization is equipped to provide
this service, and it is only through such planning that the vision we all share will be
preserved to help guide us out of these dark days.
The accomplishments of the California Department of Parks and Recreation,
recognized throughout the world, have resulted in a state parks system that is second
to none. We know that financial resources are thin and that services must be curtailed
and some parks closed, but please don't cut off the head to save the feet!
'ere ,
L. raig Britton
Assistant General Manager
LCB/RA/dz
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, reena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
MAR 13 '1993
12 March 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Randy Anderson, Planning Manager
Subject: Pulgas Ridge Open Space Preserve
Reduction of Fire Hazard and Preservation of Natural Condition
I am writing to express the opinion of the subject program with regard to
preservation of the natural condition. First, I wish to thank you for
informing the homeowners in the Brittan Heights Condominium complex of the
proposed plans, scheduled to occur, as I understand it, over a long-term
period. Second, I am in complete agreement with all work related to clearing
that will eliminate or reduce fire hazards. However, I have some very strong
negative opinions regarding other aspects of the clearing project,
specifically with regard to the acacias and broom.
1 ) Who determines what is a "non-native" plant? I have lived in this
area for more than 50 years, many of them in the Woodside area, and I cannot
recall a time when acacia trees and growths of broom were not present.
21 What harm can be done by perhaps a dozen or two dozen acacia trees
and broom bushes on a hillside containing hundreds of trees and extensive
shrubbery?
3) Cannot the clearing be confined to removing some of the accumulations
of seeds and sprouts, thus maintaining a numerical equilibrium?
4) Will the access road running along the ridge to the Vista Point on
Interstate Highway 280 impact visually only on the western side, that is the
freeway side and not the residential area to the east?
5) Have any public hearings been held about this plan? If not, could
one (or more if necessary) be scheduled, with notification to the homeowners
of the Brittan Heights condominium and other San Carlos residents who would
also be affected? You should be reminded that San Carlos was deeply involved
in the 1970's in raising funds to aid in the purchase of the Hassler Health
Home property to prevent it falling into the hands of developers (even to the
extent of forming an assessment district with assessments against all real
property) , and later in resisting plans that would prevent dedication of the
property as green space with only minimal development. I worked personally
with the late George Seager in preparing literature for distribution to San
Carlos citizens relating to elections held about the subject. Others who were
deeply involved were Dick Bishop, long-time member of your Board, as well as
Joe Judge and Jim Bigelow, both currently residents and owners at Brittan
Heights.
6) We are fortunate to have such plants as acacias and broom that grown
without care and can survive our dry summers.
To conclude on a perhaps controversial note, I wonder how your "non-native
plants" extermination plan would sound to "Native Americans;" would they
recommend extermination of, to use current "politically correct" terminology,
Anglo-Americans, African-Americans, Hispanic-Americans, and Asian-Americans?
Thank you for what I trust will be an early response.
Minerva McDonell'
3368 La Mesa Drive, #11
San Carlos, Ca 94070
Phone 415-593-9220
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 23, 1993
Minerva McDonell
3368 La Mesa Drive, #11
San Carlos, CA 94070
Subject: Removal of non-native species, Pulgas Ridge Open Space Preserve
Dear Ms. Mc Donell:
Thank you for your letter of March 12 concerning our current fire protection project, and
our long-term interest in restoring the natural condition of this preserve. I can appreciate
your support for keeping the acacias and broom. They do add something to the aesthetics
of the view of the site. However the District has the responsibility to consider the long
term, large scale impact of its management practices. We have based our policy of.
classifying these plants as undesirable invasive species on extensive research by field
botanists, both in the region and on this specific site.
These plants have been introduced to the area primarily within the last fifty to seventy
years, and have spread rapidly into the native landscape. They have advantages over
native plants because of their adaptation to a harsher climate, more aggressive growth
characteristics, and lack of animals or insects that feed on them here. Thus they crowd
out the native vegetation, but do not offer the same wildlife habitat value or food sources
as native plants. Our studies, and even casual observation, indicate that the acacias and
broom are spreading into areas of the preserve that were formerly completely native
landscapes, as well as proliferating in impenetrable thickets along the roads and in the
clearings. They are even growing up through the road paving in many locations, so that
they would destroy the road if left alone.
Though the process is well ahead of our current resources for control, it would still take
a significant time for these plants to seriously crowd out the native landscape. Seemingly
this is not a significant threat. However the cost and difficulty of correcting this impact
increases exponentially as it is allowed to proceed. The District has the responsibility to
manage the preserves for future generations. Though we will be hard pressed to keep
up with the spread of these plants, we are committed to their eventual removal. The
eucalyptus are much less of a threat because they are not as invasive and have greater
stature in the landscape, but these are also appropriate to control and perhaps, in the long
run, to remove.
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
As far as the short term toss of the positive visual qualities of the acacias, broom, and
eucalyptus, residents of the Brittan Heights neighborhood should see only very gradual
change. The recent work along the main access road is generally not visible from the
neighborhood. Both in consideration of the visual impact, and due to our limited
resources, the District would be removing these plants very selectively and gradually, and
planting or encouraging scenic native species, such as oaks, bays, buckeyes, monkey
flower,, manzanita, and ceanothus to fill in.
In late 1994 the Use and Management Plan for the Pulgas Ridge Preserve is scheduled
to be updated. At that time there will be local meetings, and hearings at the District
offices, to review this long term vegetation management policy, and other plans and
policies for the preserve. The homeowners association will be encouraged to participate.
We do appreciate the support you have provided for the District in acquiring this
preserve. For now, I will provide your letter and my reply to the District Board of
Directors for their information.
Please let me know if you have further questions or comments. You are welcome to
speak to the Board directly on this issue at the regular board meetings, which are
typically the second and fourth Wednesdays of the month, at 7:30 p.m. at the District"s
administrative offices. Please share this letter with any of your neighbors who may be
interested.
Sincerely,
Randy Anderson
Planning Manager
cc: MROSD Board of Directors
Claims No. 93-05
Meeting 93-07
Date: Mar. 24, 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name Description
---------------------------------------------------------------------------------------------------
3915 387.38 Acme & Sam Sanitation Sanitation Services
3916 84.78 Acorn Naturalists Resource Documents
3917 1,384.00 All Chemical Disposal Disposal of Hazardous Waste
3918 95.00 American Red Cross Mannikin Rental
3919 2,458.29 American Welding Supply Equipment and Supplies
3920 142.00 Randy Anderson Reimbursement--Conference E3tpenses
3921 195.39 Craig Beckman Reimbursement--Uniform Allowance
3922 80.76 Binkley Associates Consulting Services--Skyline Water System
3923 46.00 Diane Blackman Reimbursment--Photocopying
3924 2,477.50 Louis Bordi, General Engineering Parking Lot Grading--Skyline Ridge
3925 576.00 Mark Brent Electrical Work—Mt.Umunhum Repeater
3026 478.50 Brecn,O'Donnell, Miller Brown Legal Services
and Dennis
3927 151.30 Dick Bruhn, Inc. Uniform Expense
3928 195.00 California Department of Weeks Driveway Permit Fee
Transportation
3929 120.67 California Water Service Company Water Service
3930 4,765.00 Cannis Consulting Engineers Engineering Services
3931 55.00 Kerry Carlson Reimbursment---Conference Registration
3932 230.35 Cascade Fire Equipment Company Fire Shelters
3933 31.39 Clark's Auto Parts/Machine Shoo Vehicle Parts and Repairs
3934 2,500.00 William Cotton & Associates Consulting Services--Alpine Dam
3935 151.96 Steven Covarrubias Reimbursement--DW Class A Renewal
and Uniform ExDense
3936 3,186.08 Crane Services Equipment and Parts
3937 115.85 Alice Cummings Reimbursment--Supplies
3938 1,168.00 Daily Journal Corporation Advertisement--Teague Hill
3939 182.90 Dennis Danielson Reinbursment--Conference Registration
and Uniform Expense
3940 958.49 Design Concepts Design, Typeset and Produce Surveys,
Letterhead and Business Cards
3941 112.29 Dyna Med First-Aid Supplies
3942 330.00 Earth Systems Consultants Geotechnical Plan Review--Weep Driveway
3943 53.59 Emergency Vehicle Systems Emergency Rotating Light
3944 5,601.94 Ericsson GE Mobile Communications Mobil-Relay Control Base Station
3945 369.00 John Escobar Reimbursement--Conference Expense
3946 4,068.47 David Fisher Legal Services
3947 7.86 Foster Bros.Security Systems,Inc. Keys
3948 3,770.00 Gateway 2000 Office Machines
3949 59.35 Herbert Grench Reimbursment--Conference Expenses
3950 1,407.79 Home Depot Field Supplies
3951 254.39 Identification Services Identification Cards
International
3952 122.87 The Interpretation Publication Resource Documents
3953 1,515.50 Jensen's West Coast Inflatables Yukon Inflatable Boat
3954 7,460.35 Kaiser Cement Corporation Base Rock—Skyline Ridge Parking Lot
3955 346.27 Dennis Kobza & Associates, Inc. Architectural Services--Rancho Ranger
Office Expansion
3956 91.53 John Kawaleski Reimbursement--Plumbing Supplies
3957 1,035.96 Langley Hill Quarry Gravel--Smith Driveway
3958 189.01 Tan Lausten Reimbursment--Conference Registration
and Uniform Expense
Claims No. 93-05
Meeting 93-07
Date: Mar. 24, 1993
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Name - ------Description--------
---------------------------------------------------------------- - -------
3959 219.42 Lee & Associates Search and Rescue Equipment
3960 58.52 Ligtelyn Communications Radio Repair and Installation
3961 250.03 Los Altos Garbage Company Dumpster Rental
3962 61.61 Merwin A. Mace Reimbursement--Lock Repair
3963 600.00 Magana's Building Maintenance Janitorial Service
3964 211.09 Mobile Nodular Management Temporary Skyline Office Rental
Corporation
3965 787.50 Ray Minnick Survey Consultant
3966 25.00 Motorola Antenna Site Rent--Skeggs Point
3967 165.00 National Association for Agency Membership
Interpretation
3968 55.00 Michael�Newburn Reimbursement--Conference Registration
3969 36.45 Northern Energy Propane Fuel
3970 92.20 Stanley Norton February Expenses
3971 689.01 The Office Depot Office Supplies
3972 806.39 Orchard Supply Hardware Field Supplies and Equipment
3973 1,293.97 Pacific Bell Telephone Service
3974 52.11 Page & Turnbull Architectural Services--Picchetti
3975 34.83 Precision Engravers Name Badges
3976 7,812,50 Prudential Securities, Inc. Remarketing Agreement--1988 Notes
3977 32.50 Rayne Water Service
3978 192.69 Rochester Midland Creative Sanitation Chemicals
Chemistry
3979 1,113.45 Ray's Repair Service Vehicle Repairs and Maintenance
3980 86.33 Safety Kleen Corporation Solvent Tank Service
3981 9,366.12 Sand Transportation Service, Inc. Trucking--Base Rock
3982 317.01 David Sanguinetti Reimbursement--Field Supplies
3983 50.00 * San Jose Mercury News Seminar Registration--A.Bryce/D.Zucker
3984 382.00 San Mateo County Building Permit Fee--Weeks Driveway
3985 7,500.00 San Mateo County Weep Road Project
3986 12.67 Sears Equipment Repair
3987 89.30 Skyline County Water District Water Service
3988 2,500.00 Jana Sokale Consulting Services--David C. Daniels
Nature Center
3989 17.00 * Sonama County Public Health Lab Test
Department
3990 24.42 Standard Brands Paint
3991 117.77 Summit Uniforms Uniform Expense
3992 50.40 Taylor Rental Equipment Rental
3993 1,197.00 Teater & Etc. Artwork for Signs and Maps
3994 2,274.31 Teieccmmunications Engineering Antenna and Installation of Base
Associates Station
3995 164.50 Therma Corporation Repair HVAC Tenant Space
3996 1,265.80 Whitmore, Johnson & Bolanos Legal Services
3997 133.13 WMI Services: Port-o-Let Sanitation Services
3998 281.00 Deborah Zucker Reimbursement--Tuition and Loral
* Urgent checks issued on March 18, 1993.
1� s♦
Irr` • •'L4
` «w • «' r i 1 •'aJ
go
OWED
1• • �r-r u•• ��rat • .••• •
+ 1♦ -� r r nn f f an '#s-
r-
• w :r� •ca -
•: «�,.... '• • as •
rtr � • ft,w =•rr- r•s
f f f• •.a r�I -.w rr,♦ am-- • -• •
• 1.1 -.!.' -e -s .^' _ ^:tea r
f :i •' ar fir` ." `• • r,
r�.! •.rr_ •. - 'K .• 'ham •-
_ rr •
ri!
i• •• ••1 a _• -tr_ a 1 •• ""i • s-
• . •• • • • a '=t ••r 'i
s } -
zi
i
} • 1 �t M ••
} i{ �:• • i f i it �- i
it
y • •it'.G ^ •-
b•II tll i !': it JI r • • at •
• i1 R .• • tr• r
_i ,• r1}ii Z.1