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HomeMy Public PortalAbout19930825 - Agendas Packet - Board of Directors (BOD) - 93-16 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 REGULAR MEETING BOARD OF DIRECTORS AGENDA 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 25, 1993 (7:30) * ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder APPROVAL OF MINUTES *** August 11, 1993 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Proposed Addition of the Pantano Property to La Honda Creek Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing Acting General Manager to Execute,Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve - Lands of Pantano) (7:50) 2. Award of Contract for a Replacement Water System at Skyline Open Space Preserve -- M. Gundert (7:55) 3. Fiscal Year 1993-1994 Budget Adjustments -- C. Britton Resolution Amending Budget for Fiscal Year 1993-1994 (8:15) 4. Proposed Revision of the Site Naming and Gift Recognition Policies and Proposed Process for Determining a Method to Recognize District Founders -- N. Hanko (8:20) 5. Report from General Manager Committee -- T. Henshaw (8:40) 6. Board Policies Pertaining to General Manager Employment, Board Records and Oversight; Organization Improvement Program -- N. Hanko 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 C;rench Board of Directors:Pete siemens,Robert McKibbin,Teena Hen shaw,tinny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I (8:55) 7. Committee Consolidation -- P. Siemens 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 reauest under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC CGS The 20th Anniversary Committee will meet on Wednesday, August 25, 1993 beginning at 6:30 p.m. at the District office. The purpose of the meeting will be to update plans for events celebrating the District's twentieth anniversary. The Resource Management Committee will conduct a public workshop on Thursday, September 2, 1993 beginning at 7:30 p.m. at the District office. The focus of the workshop will be to define the categories of resources and resource management issues to which the District must respond. The workshop will be an opportunity for the public to participate in formulating and reviewing the District's resource management policies. The Dog Committee will hold a public workshop on Tuesday, September 28, 1993 beginning at 7:30 p.m. at Hiillview Community Center, 97 H'illview Ave., Los Altos. The workshop will focus on appropriate canine access to District preserves. Open Space ------------------- -------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-15 REGULAR MEETING BOARD OF DIRECTORS August 11, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7: 36 P.M. Members Present: Robert McKibbin, Nonette Hanko, Wim de Wit, Ginny Babbitt, and Betsy Crowder. Members Absent: Pete Siemens and Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, Malcolm Smith, John Escobar, Sheryl Cochran, and Emma Johnson. II. ORAL COMMUNICATIONS H. Haeussler, 1094 Highland Circle, Los Altos said that the job of clearing the Hamm's Gulch Trail at Windy Hill Open Space Preserve was done very well. III. ADOPTION OF AGENDA B. Crowder stated that the agenda was adopted by Board consensus. IV. ADOPTION OF CONSENT CALENDAR W. de Wit requested that the Amendment to the Joint Powers Agreement with the County of San Mateo for Edgewood Park agenda item be removed from the consent calendar. Motion: R. McKibbin moved that the Board adopt the consent calendar as revised, including the minutes for the July 28, 1993 regular meeting; Resolution 93-26, 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; Notice of Contract Completion for the Sausal Spillway Repair Project at Windy Hill Open Space Preserve; and Revised Claims 93-13 . G. Babbitt seconded the motion. The motion passed 5 to 0. V. BOARD BUSINESS A. Acceiptance of Amendment to the Joint Powers Agreement with the County of San Mateo for Edgewood Park (Report R-93-85) B. Crowder reviewed the major changes in the joint powers agreement, noting the park would have nature preserve status. Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 e Ceneral Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Meeting 93-15 Page 2 Carolyn Curtis, 69 Llogden Avenue, Atherton, representing the Save Edgewood Park Coalition, said the coalition is comprised of 43 organizations and 12 businesses which helped make the nature preserve status for Edgewood Park a reality. She said "Friends of Edgewood Park" will be formed as a support group of people to monitor trails, weed out invasive plants, build fences, and serve as docents. She expressed thanks to the District for working with San Mateo County Supervisor Rueben Barrales to make Edgewood Park a nature preserve and to amend the joint powers agreement. N. Hanko and R. McKibbin thanked all those who had worked on the project. Motion: W. de Wit moved that the Board adopt Resolution 93-27, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Amendment to Joint Powers Agreement for Edgewood Park, Authorizing officer to Execute Modified Grant of Park, Recreation, Scenic and Open Space Easement, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Edgewood Park) . R. McKibbin seconded the motion. The motion passed 5 to 0. B. Award of Contract for Field Office Expansion at Rancho San Antonio Open Space Preserve (Report R-93-88) S. Cochran reported that staff had analyzed the twelve bids received and were recommending awarding the contract to Sevan Construction Inc. of San Mateo, whose bid of $255, 000 was the lowest. She said the deadline for construction to begin is August 27 and the project must be completed in 150 days. R. Anderson said that Huettig & Schromm, Inc. have been hired as contract administrators for the project. Motion: R. McKibbin moved that the Board accept the bid of $255, 000 from Sevan Construction, Inc. as the lowest responsible bid for the expansion of the field office at Rancho San Antonio Open Space Preserve and authorize the Acting General Manager to enter into a contract for performance of the work. G. Babbitt seconded the motion. The motion passed 5 to 0. . C. Proposed Changes to Salary Incentive Award Program (R-93-84) J. Fiddes reported that the Budget Committee had directed staff in 1992 to evaluate the salary incentive award program and make recommendations for change. She said that a joint management-employee committee was formed to evaluate the purpose, criteria, and application rules and procedures for the program. She added that the 1993 Budget Committee has reviewed the proposed changes and does not recommend any additional changes. Meeting 93-15 Page 3 4 Motion: G. Babbitt moved that the Board approve the proposed changes to the District's Salary Incentive Award Program. R. McKibbin seconded the motion. The motion passed 5 to 0. VI. INFORMATIONAL REPORTS N. 'Hanko and G. Babbitt complimented D. Woods on the text of the letter to trail enthusiasts announcing the September 2 Resource Management Workshop and the September 28 Dog Use Committee Meeting. B. Crowder reported attending a Crystal Springs watershed preservation society meeting. She noted that the group does not want trails across the San Francisco's Hetch-Hetchy land and suggested that the Ridge Trail Committee coordinate with the group. She added that Pete Fournier, a biker, is interviewing on-camera various staff and Board members as part of a San Jose State course. W. de Wit reported on the recent Ridge Trail celebration at Coyote Point Museum. C. Britton announced that M. Foster planned to attend the closing for the Certificates of Participation in San Francisco on August 18 . R. McKibbin said he may also attend. C. Britton reported that the Skylonda Fitness Center had invited members of the Board and staff to tour the facilities which are contiguous to District land. R. McKibbin, B. Crowder, and W. de Wit expressed an interest in attending on August 24 . He called attention to the article in the Mercury News regarding the District's option on the Devils Canyon property which included information on CALPAW. J. Fiddes confirmed the Board-Management Team Workshop will be facilitated by George Sipel on August 26 from 4 P.M. to 7 P.M. J. Escobar reported one bicycle accident at Monte Bello Open Space Preserve and a fatality at Rancho San Antonio Open Space Preserve. R. Anderson reported that the new map for Fremont Older Open Space Preserve is now available. M. Smith said that staff is reviewing the five proposals received for engineering services for the formation of a potential assessment district and will report to the Board's Finance Committee. He reported that the Wheelsmith Bicycle Shop in Palo Alto raised approximately $600 in donations to the District. H. Haeussler commended the District on its radio system with the City of Mountain View. He also complimented trail users who, he noted, were congenial and polite. VII. CLOSED SESSION C. Britton announced that land negotiation matters to be discussed were (1) Santa Clara County assessor's parcel number Meeting 93-15 Page 4 562-22-030, owner Roger Bartels negotiated with G. Beck; (2) San Mateo County assessor's parcel number 078-150-040, owner S. Pantano negotiated by D. Pantano. He said that litigation matters to be discussed in Closed Session, M.R.O.S.D. vs. Meyer and Hosking bankruptcy matters, fell under Government Code Section 54956.9 (a) adjudicatory proceedings have formally been initiated. The Board recessed to Closed Session on personnel, labor negotiations, litigation, and land negotiation matters at 8:20 P.M. VIII. ADJOURNMENT The meeting was adjourned at 11:27 P.M. Emma Johnson Recording Secretary l� Claims No. 93-1�, Mee 93-15 Dates .;Mast 11, 1993 REVISED MIDPENINSLZA P�GIO,IaL OPEP: SPACE DISTRICT Name Description ----------------------------------------------------------------------------- 4549 300.00 Aaron's Septic Tank Sew,7ice Septic Tank N aintenance 4550' 275.00 Advanced Process Vzchinery, Inc. Water Tank Repair 4551 19.05 Bay Area Quality Control Permit Renesl Fees 4552 18,551.52 George Bianchi Construction, Inc. Construction Services--Sausal Dam an Picchetti Blacksmith Shop 4553 1,244.43 George Bianchi Construction, Inc. Final Pa- en'---�,.a ern .3a1 Dam--Due at Completion of Job 4554 290.531 Q' a --_� 9.5., �,irn' , Circle ie Lumber d an Fence Canpany Fence M�..erials �.,0 Biste� Gl�cle 4555 132.00 California Deoart;rent of Fish Bridge Construction Per,it and Game 4556 25.25 California Water Service Water Service 4557 3,466.17 Cascade Fire Equipment Company Fire Equipment- 4 5 5 8 155.70 Coastside Prof Jame Propane Fuel 4559 455.00 Daily Pacific Builder Advertisements 4560 168.89 Dorfman.-Pacific Company, Inc. Uniform Expense 4561 20.00 Emergency Vehicle Svstems Vehicle Equipment Repair 4562 594.00 First American Title Guarantee Title Insurance--POST Property Company 4563 23.22 Foster Bros.Security Systems, Inc. Locks and Keys 4564 247.50 Garcia Well and Pump Canpany Water System Repair 4565 38,951.50 Geotechnical Management, Inc. ;Nbeks Road Construction 4566 547.80 Goodco Press, Inc. Printir. 4567 893.10 Harkins Sign Company Signs 4563 2,000.00 Heim, Noack & Spal= Legislative Services 4569 352.00 Honeywell Protection Services Alarm Maintenance Contract 4570 71.99 Identification Services Identification Carder International 4571 46.70 Keeble and Shuchat Photography Film and Prints 4572 546.69 Dennis Yobza & Associates, Inc. Architectural Ser�aices--Rancho Field Office 4573 345.00 Land Trust Alliance Conference Registration--C.Britton 4574 200.00 Lopez Gardening Service Gardening_ Services 4575 101.18 Los Altos Garbage Company Dummster Rental 4576 3,470.06 Mer�•.in Mace Consulting Services 4577 600.00 Magana's Building Maintenance Janitorial Ser^,;ices 4578 446.00 McGrath RentCorp Sk*�,line Field Office Rental 4579 123.68 Micro Accounting Computer Batteries and Installation 4530 25.00 National Park and Recreation Subscription Association 4581 39.97 Northern Energy Propane FaeI 4582 4,342.00 Stanley Norton First Quarter 1992 Litigation 4583 527.01 Pacific Bell Telephone Service 4584 93.34 Pitney Eaves Inc Postage Supplies 4535 11600.00 Postage by Phone Postage 4536 10.52 Precision Engravers, Inc. Name Badaes 4587 67.35 Patty Quillin Reimbursement--Printing of Newsletter 4583 29.18 Rancho Hardware Field Supplies 4589 2,968.22 Roy's Repair Service 4590 159.18 Safety-Kleen Corporation Solvent Tank Service 4591 227.50 Sandis Hw,ber Jones Consulting Services--Skyline Field Cf 4592 15,000.00 Cempervirens Fund Land Option--Saratoga Gap 4593 179.93 Shell Oil Company Fuel Meeting 93-15 Date: A IS 11, 1993 REVISED C,IDPENINS1jLA RECIOPFAL OPENT SPACE DISTRICT Name Description ------------------------------i----- --------------- 4594 260.88 Three Day Blinds, Inc. Bli. --Rasdxer Residence 4595 1,152.86 Teater ar)d Etc. Graphic Consultant 4596 77.50 University Art Center Drafting Supplies 4507 38.18 Unocal Fuel 4508 2,376.24 Valley Oil Company Fuel 4599 A Value Easiness Products Office Supplies 4600 76.91 WMI: Port-o-let Sanitation Services 4601 57.1016 JOQi, Young Private Vehicle E�-oerse 4602 412.50 La Honda Artisan kbr'fes Enterprise Repairs--Saratoga Gap 4603 148.49 Malcolm Smith Private Vehicle E:�,.�ense 4604 254.4"_ Pettj Cash Film and Developing, Office and Field Supplies, Local and Cut-of-Tow ? Meeting Expenses, Volunteer Ex-penes and Private Vehicle E:--.ense RESPONSE ACTI OPOSED BY STAFF AUG 1993 w Board Presidet. _knowledge/Respond 1225b \irkdale Drive Director Acknowledge/Respond Saratoga, CA 95070-3149 Staff Acknowledge/Respond August 8, 1993 J Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary Dear Open Space Directors: Your bicycle policy is depriving us of enjoying our walks in the open space lands during the summer and fall months of the year. We recently returned from an hour long hike in the Fremont Older Open Space where we were frequently in the dust of 20-30 mile per hour bikers. Our lungs can not tolerate this abuse. I am asking you to consider administrating the trails differently. Just as the County regulates our reservoirs -certain days for sail boats, others for motor boats, will you consider 3 days a week specific trails are only for hikers, the othentrails are for bikers (and any brave hikers?), Saturday could be open to all. For example - in Fremont Older where we most often walk, the trail would be for everyone up to the top of the hill where the trail divides, left to Garrod Stables area could be walkers only on Mon, Wed, Fri; while right to Hunter's Point & Seven Springs Loop could be walkers only on Tues, Thurs. and Sun. You might debate the option of saying the other trail could be for bikers only or bikers and any walkers; however, we have noticed with the speed of the bikes, there is great potential for accidents with walkers. My husband, Jack, suggests you consider registering all open space bikers with a very visible license number which could be reported for speeding. Thank you for considering our request. Sincerely yours, r` L Susanne Mallory 408-252-7447 i Open Space ---------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOAR} CONSIDERATION Ms. Susanne Mallory 12258 Kirkdale Dr. Saratoga, CA 95070-3149 Dear Ms. Mallory: Thank you for your August 8, 1993 letter regarding bicyclists at Fremont Older Open Space Preserve. The District's Board of Directors reviewed your comments at our regular meeting last night. The safety and enjoyment of all preserve visitors are of primary concern to us. The Board recently adopted trail use guidelines that will help resolve trail use conflicts to provide for safe and enjoyable trail experiences for a variety of users. We are in the process of inventorying specific trail conditions and problems an applying these guidelines to address them. The Fremont Older Open Space Preserve is high on the list of preserves to receive this attention. The District has also recently adopted a 15 miles per hour speed limit for bicycles, which we will soon begin posting and enforcing. The Board's Trail Use Committee has previously considered your suggestions of requiring licenses or permits for bicyclists and having rotating days for different users. However, because of the difficulty in managing such programs, the committee decided g against pursuing them. g P With the measures currently being implemented and the District's continuing efforts to educate the public about proper trail etiquette, we anticipate, a decrease in trail-use conflicts. We hope your future visits to District preserves will be more pleasant. Sincerely, i Betsy Crowder President Board of Directors cc: Board of Directors Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX: 415-691-0485 General Manager-!lerberl(==;ranch Board of Oire<lor:v:Pete Siemons,Robert NA(Kibbin, Feona I fenshaw,Ginny Babbill,Nonette f lanko,Betsy(i:rowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT ESP .",oAr PREPARED v'� STAFFF FOR BOARD CONSIDEER T ION Ellen Lowenstein 224 Huckleberry Trail Woodside, CA 94062 Dear Ms. Lowenstein: Thank you for your July 24, 1993 letter regarding dogs on open space preserves. The District's . Board of Directors reviewed your comments at our Regular Meeting last night. Your request to allow dogs at preserves near the Kings Mountain area will be forwarded to the Board's Dog Committee. The District is beginning a study to determine where dog use is appropriate. All suggestions will be discussed during a series of public meetings conducted by the Dog Committee. These meetings will lead to the development of a general dog use policy, as well as a plan for designating dog use at specific open space preserves. ,In your letter, you mentioned all District preserves in San Mateo County except Windy Hill Open Space Preserve. There is an area of 400 acres open to dogs at Windy Hill. You may also take your dog further south along Skyline Boulevard to Long Ridge Open Space Preserve, which has 100 acres available for dog use. Maps of these preserves, showing the areas where dogs are allowed, are enclosed. i The first Dog Committee meeting will take place September 28 at 7:30 p.m. The meeting will be held at the Hillview Community Center, 97 Hillview Avenue, Los Altos. We welcome your participation. District staff will add you and your co-signers to our mailing list and notify you of future Dog Committee meetings. Unfortunately, some of the names do not have a complete address so we won't be able to notify them of meetings. Sincerely, Betsy Crowder, President Board of Directors cc: Board of Directors Co-signers of July 24, 1993 letter Open Space . . . for room to breathe 0 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 Hen shaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit 1 ��� � \ -1. 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BICYCLES ARE PROHIBITED ON ANNIVERSARY, EAGLE, HAMMS GULCH, RAZORBACK RIDGE - IC AND LOST TRAILS "r� ,� PARKING 0c, � - PORTOLA VALLEY .14 77 ' `_.SPRING RIDGE TRAIL —L v �.. 0.5 M I ' I 1 ANNIVERSARY RY TRAIL , - � �-•-�:����`��-•` _ .: :__ " EAGLE TRAIL _1 `, \ - HAMMS GULCH v� /�/%'; 0.6 MI. TRAIL 2.6 MI. �,/// -� �: � ® Ir- N. �._. ��� yN DOGS ARE ALLOWED {� `/ IN THIS SECTION ONLY f . / "� J V 1 0.6 MI. No '� -� U " 7 .1.5Mt LOST TRAIL 2.3 MI _ 1 ",-- RAZORBACK BACK RIDG nRAIL E ^f e v 0.4 MI v r LEGEND BICYCLING, EQUESTRIAN 4 SKYLINE BOULEVARD BICYCLING ENTRY LHIKING,RUNNING a~` - ,� EQUESTRIAN,HIKING EQUESTRIAN ENTRY _ ~ r✓RUNNING, ®HIKING ENTRY .HIKING ONLY , PARKING x NO PUBLIC ACCESS MILE RESIDENCE 1 M L E -_ sa. o y RESTRoorns c `� �Feb1993 1 .� t V,- rz to -� x �-?i S- c ?,�(z ` aEcC L<JE , %Y Y-�j "' �. +1`` !. ice.' \ .`.�.•a,.K�' � -� ��y ` �� � {.r !r•, CA • -{ / �,;.t:•'� _tom., DIF-P9t2' JE---, \JA _ c i o�3rn H)"r�- P O. Box 3--� l4 Is")( Mcn+ay7a, (�k 94Da;�. � 1 � I j 1 • nc5 rvC AL11Vv 1Eu1-U nT 5TAtF Board President Acknowledge/Respond }� A •/.) ��/�� • Director Acknowled spond Staff Acknowledge/Respond .s Draft Response Actached ' n Space District Staff to be Directed to Prepare Draft Response for Board Consideracton per Board Dlrective(3) i 5 No Response Necessary July 24, 1993 o'T t e Board of Directors of MROSD "There are 15, 000 acres of county park lands in San Mateo County, but none of 'the county s 65 , 000 licensed dogs may set paw in them. " (The Dog Lover ' s Companion by Lyle York & Maria Goodavage ) . In add- ition, the 13 ,437 acres of public open space land owned by MROSD in San Mateo County, with the exception of the 293 acre Pulgas Ridge Open Space Preserve , are also unavailable to dogs and their owners . Many of the people who live in the Kings Mountain area of Skyline Boulevard feel that they cannot go for a walk with their dogs . . . except in their awn yard . One person said, "I have to drive to . Fort Funston in San Francisco to let my dog run. " It doesn ' t make sense to those of us who have chosen to live a more rural life that horses , mountain bikes , and even dirt bikes , can use trails that our dogs cannot use . We would like to request a change in the current restrictions . The federal beaches in California allow dogs to run free as long as they will respond to voice command of their owners . That means that the owner must be fully responsible for the dog. If that is not an option you would consider , at least allow us to walk our dogs on leashes (the state beaches allow dogs on leashes ) . Dogs cannot possibly do the damage that horses and bicycles have done to the hiking trails . Residents of the area have requested that the following preserves , at minimum, be made open to dogs : Purisima Creel; Open Space Preserve El Corte Madera OSP Teague Hill OSP La Honda OSP Thornewood OSP Coal Creek OSP Russian Ridge OSP Most of the above mentioned preserves have points of origin of trails in the Kings- Mountain area . Most of us feel that this is our "back yard" and we would very much like to walk our dogs in our own back yard . Certainly all the parks and trails might benefit from a change of law in this regard . Signed , Miscellaneous residents of Kings Mountain, friends of residents , , and various other dog owners and dog- lovers (see attached list ) Le-lu L 22 RESPONSE ACTION PROP—F D BY STAFF n Board President Ack .dge/Respond AUG Fir 5 199 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Chris C. Pearson St ar Rt. Box 158 Staff to be Directed to Prepare Draft Woodside, CA 94062 Response for Board Consideration per Board Directive(s) August 23 , 1993 No Response Necessary To be considered with item 1 of 8/25 mt . Board of Directors Midpeninsula Open Space Dist. 330 Distel Circle Los Altos, CA 94022-1404 Dear Board Members, On August 23 , 1993 , I received written notification that the board will be considering the acquisition of San Mateo Count Assessors Parcel No. 0 - - Y 78 150 0 40 at the August 25th meeting. I am the owner (jointly with Carl E. , and Helen J. Pearson) of the land adjoining the east side of this parcel. While I do not, in principal, object to the proposed acquisition of this parcel, I have several concerns and questions which I would like to have the board address. First, there are some ambiguities and inaccuracies in the informatio n yo ur ur staff sent to me: 1. It is stated that " a fence line is . . . in the vicinity of the eastern property lin e. . . . p P Y This phraseology causes uses g Y me some apprehension. The Pantano family, during their efforts to enhance the developability of the parcel, attempted to establish the property line co nsiderably rabl p p east Y y of the existing fence line. Although the Pantanos have, I believe, backed off on this assertion, the property line remains in dispute. I have gone to a great deal of expense and effort to investigate this property line. There is ample evidence to establish that none of land lying east of the existing fence line belongs to the Pantano parcel, (not to mention that my family has openly and publicly utilized that land for agriculture for the past 45 years) . Furthermore, there is significant evidence to suggest that the true boundary should lie approximately 15 feet west of the existing fence at the center of the 1878 county road easement. 2 . It is stated that the parcel contains . 62 acre. If you assume that the existing fence line is the property line, then the acreage is calculated to be approximately . 43 . This parcel cannot contain . 62 acre without encroaching on my property. 3 . It is stated that " . . . A future owner may develop the property. . . " . I have been told by the San Mateo County Planning and Building Depts. that this property is not buildable. There are a variety of reasons for this. The most compelling of which is perhaps that the appropriate setbacks from the creek, State Hwy 84, and my property, consume the entire parcel. That is, there is no legal space for a building site. In view of this I suspect that the speculative value of this property has been overstated by your staff. 4. It is unclear to me from the information supplied, why the MROSD desires to acquire this property. It seems to me a patently useless addition to La Honda Creek OSP as it comprises a lance-like projection into private lands. Nor can I see how this parcel can directly help the district complete a trail connection between La Honda Creek OSP and Windy Hill OSP. Second, I have some specific questions which I wish the board to consider: 1. Does the MROSD have any reasons for acquiring this parcel other than the statements made in the materials sent to me? If so, what are they? 2 . Does the MROSD believe that the parcel contains . 62 acre? 3 . Are there any proposed trail routes that involve either this parcel or my property? I request that the board respond, in writing, to my concerns and specific questions. I furthermore request that the board provide this information, and allow time for possible additional comment, prior to acting on this acquisition. I would like to note also a previous communication regarding MROSD interest in this parcel. Approximately two years ago a member of the Pantano family informed me that MROSD was interested in acquiring their parcel. I subsequently met with Mr. Craig Britton & Mr. Del Woods to find out how the property would be used. I was told that they were not actively pursuing acquisition of this land and that the Pantanos had initiated the contact. I told Mr. Britton that I had developed considerable information regarding property lines which would be of interest if MROSD were to pursue acquisition. I was therefore surprised to learn that MROSD was proceeding with acquisition of this parcel. I was also disappointed that your staff did not avail themselves of my offer to discuss issues regarding this property. I realize that this acquisition is probably a small matter to the board. I hope however, that you appreciate that it is an important matter to me, and that the activities of the MROSD have the potential of having a significant impact on the lives of myself and my family. Thank you for taking time to consider and respond to my concerns. Sincef'ely, � Chris C. Pearson Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-92 Meeting 93-16 August 25, 1993 AGENDA ITEM Proposed Addition of the Pantano Property to La Honda Creek Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS r 1. Adopt the attached resolution authorizing purchase of the Pantano property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to La Honda Creek Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached maQ) The Pantano property is located south of Skylonda and contiguous to La Honda Creek Open Space Preserve. The .6 acre pie-shaped parcel adjoins a portion of the preserve that is east of State Highway 84. The property is bounded by the highway to the west, District land to the north, and private property to the east. Weeks Creek forms the northern boundary between the property and the preserve. A private driveway is adjacent to the southern tip of the property where it intersects State Highway 84. The property is part of an important scenic corridor that extends all the way along State Highway 84 to Skyline Boulevard. This scenic corridor, in addition to being a significant visual component of the preserve, may someday include the Ridge Trail alignment that will serve as a major link between La Honda Creek and Windy Hill Open Space Preserves. The parcel has moderate to steep slopes descending towards State Highway 84 and Weeks Creek. Vegetation is comprised of mature redwoods near the creek and oaks, buckeye, and scrub brush above the highway. A cultivated hayfield is located above the highway and Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager.:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit R-93-92 Page 2 below the private driveway. A fenceline is parallel to the highway in the vicinity of the eastern property line. USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated San Mateo County and is zoned RM (Resource Management). State Highway 84 is designated a State and County Scenic Road in the San Mateo County General Plan. The District's Master Plan indicates the parcel is moderately rated for composite open space values. The Bay Area Ridge Trail plan shows a segment of the Ridge Trail in the vicinity of the proposed acquisition. The trail will connect La Honda Creek and Windy Hill Open Space Preserves. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to La Honda Creek Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. TERMS The current owner has attempted to develop this property as a single family homesite, but has been unsuccessful in completing the process due to problems with site configuration, creek proximity, and questions about parcel legality. While these problems have stalled development, the curent or a future owner may successfully develop the property either through the county system or litigation. The purchase price of $30,000 represents less than the current owner has invested in the property and is considered to be fair and reasonable based upon the speculative potential of this property. Prepared by: Del Woods, Senior Open Space Planner Contact person: L. Craig Britton, Acting General Manager i i LA HONDA CREEK OPEN SPACE PRESERVE Weeks Creek—�.. / ROPOSED ACQUISITION rivate Road PRIVATE PRIVATE PARCELS / PARCEL 00 � I o \1 I ) PROPOSED PANTANO ADDITION TO Date: 8-16-93 LA HONDA CREEK OPEN SPACE PRESERVE Prepared by: D.W. x::..::•..a..::.:::. ... n;.kk}Fr};;, ..:av ..: .tf Cit.;vSi .'• ��: •:�° SKYLINE BLVD. :>` - NO PUBLIC ACCESS).; N•. s:. _ a}v• �A ��t� FSa}y- •:'�6}: ;}; ,;:.. .;-.;:AS:S;.S£;":.• .4."....::.fi:4.i..Z ..::.».:. .. - .:... ..{. �,qy,: xNi:.o. .... .. .... .r •.. .a'°�tr'°.. . .::..::...�-::..............::..:.:.a.''�: :.:: .... ::.. s:.: } _ :.:�;.;i.;.;:;ii. :,3a'ti:Ew ::a::�. `�. .... r. k. ---_- :.i....:.:.:. .S'k'Y,9r •: ... :.i.Z';::' ..•. :££:!�.`la"c:££::kr" •.�..'}. /.•.-. RESERVE •;�-• P s. - ::� ::: .�Yrt .k�• . .;f '. ,R.:>,.,, ENTRY GATE a — �. }a...... +::.... .. w,. .:'::ac•: ..:. '':;� ,: .:,.}t:.. '� ' � `:fix:.;:. iy.;,..�. :.' ,'�-r.��.� .>,.. :). .<. . .,,.]4r:}?34:a::<?.:;k<;:a;z};;,�;].,<. ;..,Y....:r: •:::ic::;, - 4`'3L•:: a`.� j. ;a ;a.3xa v °�M. ';:boa.. :'.�s:•• . r... `hrA. a.+ •.: ........ c. .:n..:.'!:f:':. ,. .. ... v �#�..-•''..-.. ::A Ci�::JS.:^%v}.y, ;S'R?:'ii::i:::: - :;-'.,/;,;r,.., .r w:.'4 ..: --�.p .n :'• :;;r .':.:�Y. �';':i%::���`#'.i# .o`::a'F.xciwt: ?;t�.r. ' •.'fit+?. ::��;5 :.£:.,- '�:r?. £>:'3a:. a $� �1 R... 7 ice— � 3:j`:. z:`•::,•. , G BIG TREE tkn: Y NO CAR 1 S - <xa.: CLOSED AREA ' BEY -s► �.-. :<•�s.4:':'<':?::; PULLOUT _- CARETAKER � j f a xk ' r s: :..,..n•»t,A,.;:..:::•...IYs......:4. a .., •}::.:. ,, .,_� -_.. - ... :<, ;sot�:: '.]?:?..?:.;riiEii' 10 ', 4a + m� . r. 4:H..Y;].w.C:.?n.:....+..:. .n t.;::.<:.....,t:::aw,..:�. R :� •. "� -- ,.� �:£:;4:.s��.� ':..n:•:� si . :.:'�:.,rL:. ,-:xo•ar'�ti`'' ��' _T-- VL� �'.. r, ..ic•�aa'3 a xw.t L:�T — �H .Q I s 0 A:? 0 0 0 PRIVATE PROPERTY,:; ....... ..... :}f" >•�,R.x hi-�� ,:dt: -, - - �/^ 3 r. ..0: i«,'wL.: :>isi ':. # f -- C ' .:%•'r; P `%� — 'al. 'tea'A _ ., �. >",t:s•; t. ' ' PROPOSED k:>: ACQUISITIC ANTANO NO PARKING ALONG x { ALLEN ROAD / — h t. ....:: OR OUTSIDE I ... a PRESERVE RV ATE .. G / < .......::. 1 k:'H^ ... .. .... ..... .... ..... .. .. ....... ......say......--::.::::4:;:. , l yy :} .a>}. is '1 1' ;+ _ PROPOSED ADDITION TO LA HONDA CREEK OPEN SPACE PRESERVE Scale: 1" = 2,000'-0" August 1993 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE - LANDS OF PANTANO) The Board of Directors of the Mid peninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Mid peninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Ronald Sal Pantano and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The Acting General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The Acting General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, site clean-up, and other miscellaneous costs related to this transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$30,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT This Agreement is made and entered into by and between RONALD SAL PANTANO, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincor- porated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the' County of San Mateo, State of California, containing approximately Sixty Two Hundredths ( . 62) of an acre, more or less, and commonly referred to as San Mateo County Assessor' s Parcel No. 078-150- 040; said property being further described in the legal description attached to Preliminary Title Report Number 361397, dated September 24 , 1990, from First American Title Insurance Company; said title report attached hereto as Exhibit "All and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Thirty Thousand and No/100 Dollars ($30, 000. 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement - Pantano Page 2 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at First American Title Insurance Company, 555 Marshall Street, Redwood City, CA 94064 phone number (415) 367-9050, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement g t may be amended Y or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before September 30, 1993 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of San Mateo County. (b) Seller and District shall, during the escrow period execute any and al l documen ts and perfor m any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District 's check payable to Escrow Holder in the amount of Thirty Thousand and No/100 Dollars ($30, 000. 00) . (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or -I Purchase Agreement - Pantano Page 3 allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) Seller shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $30, 000- 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exceptions 3 through 8 shown in said Preliminary Title Report (exhibit A) , and (iii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appro- priate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of ^C County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller 's portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused, from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless Purchase Agreement - Pantano Page 4 and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s) . 6 . Seller 's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: ' 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the excep- tions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7 . Intearity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. Purchase Agreement - Pantano Page 5 8 . Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibit ed o r reg ulated ulat ed b fed eral, g 1 state or local law. y ate (a) Seller warrants and represents that: (i) During Seller's ownership of the Property Seller has not placed or stored or allowed to be laced o r sto red P d any hazardous substance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller ' s ownership and operation of the Property. 9 . . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 10. Miscellaneous Provisions. 10. 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. 10. 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 i Purchase Agreement - Pantano Page 6 or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees. 10. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10. 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. 10. 05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested,P q with proper postage e pre paid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: II Purchase Agreement - Pantano page 7 Seller: Ronald Sal Pantano c/o Dennis Pantano 1070 6th Avenue, Suite 202 Belmont, CA 94002 (415) 595-3075 FAX: (415) 595-3166 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, Acting General Manager (415) 691-1200 FAX: (415) 691-0485 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX: (415) 327-9151 If sent by telegraph, cable, telecopy and other facsimile transmission, a conformed copy of such notice shall be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee 's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 10. 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 bin ding upon the parties, t g P P he parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further i agree P g ee to replace such void or unenfor ceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforce- able ns rovisio . P i Purchase Agreement - Pantano Page 8 10. 07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instru- ment. 10. 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condi- tion of this Agreement. 10. 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. 10. 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10. 11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all repre- sentations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 10. 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. 10 . 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. 10. 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. 10. 15 Broker' s Commission. District shall not be Purchase Agreement - Pantano Page 9 responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10. 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. 10. 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. 11. Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before August 13 , 1993 District shall have until midnight August 25, 1993 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Purchase Agreement - Pantano Page 10 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 mil` xi APPROVED AS TO FORM: Ronald Sal Pantano Stanley Nor on,' District- Counsel Date: C,(- ) -1 - 1013 RECOMMENDED FOR APPROVAL: L. Craig Britton Acting General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: f Order No. 361397 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY I 555 Marshall Street Redwood City , CA 94064 (415 ) 367-9050 MID PENINSULA REGIONAL OPEN SPACE DISTRICT Attn : Diana 201 San Antonio Circle , Bldg . C #135 Mountain View , CA 94040 Customer 's Reference : Form of Policy Coverage Requested : ALTA LOAN POLICY - 1987 AND CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - (7-88) OR AMERICAN LAND TITLE ASSOCIATION OWNER POLICY - 1957 ( 10-21 -87 ) WITH REGIONAL EXCEPTIONS In response to the p above referenced application for a policy of title insurance , this Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a Policy or Polic ies of Title Insurance , describing the land and the estate or interest therein hereinafter set forth , insuring against loss which may be sustained by reason of any defect , lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules , conditio ns and St ipulations ula do of said ns p Policy forms . The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read . They are available from the office which issued this report . This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy Of title insurance and no liability is assumed hereby . If it is desired that liability be assumed prior to the issuance of a Policy of title insurance , a Binder or Commitment should be requested . Dated as of September 24 , 1990 at 7 :30 a .m . JAMES NORRIS ESCROW OFFICER Title of said estate or interest at the date hereof is vested in : RONALD SAL PANTANO , a single man Page 1 Pageo Order No . 361397 Z'he estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE The land referred to in this Report is situated in the State of California , County of San Mateo , and is described as follows : Portion of section 2 in Township 7 South , Range 4 West , M.D .B . 8 M. being more particularly described as follows : BEGINNING at the intersection of the Easterly boundary line of La Honda Road ( 100 feet wide) as established by that certain Deed from Rena I . Fry , to the County of San Mateo , dated September 28 , 1933 and recorded October 13 , 1933 in Hook 606 of official Records at page 123 (File No . 31398-C) Records of San n Ma teo Count California Wit h ith the center line of Weeks creek ; thence from said point of beginning up the center line of Weeks Creek , Northeasterly 150 feet , more or less , to the intersection thereof with the Easterlyboundary line y e of the Old Count Road from om Woodside to La Honda (prior to 1912) at the Northwesterly corner of that certain 45 .52 acre tract conveyed from Silas B. Emerson , to Sarah C. Weeks , by Deed dated December 1 , 1883 and recorded January 31 , 1884 in Book 37 of Deeds at page 204 , Records of San Mateo County , California ; thence along said last mentioned Easterly boundary line , south 230 30 ' East 132 feet and south 10° 15 ' West 440 feet , more or less , to the intersection thereof with the above mentioned Easterly boundary line of La Honda Road , ( lo0 feet wide) ; thence along said last mentioned line , Northerly 470 feet , more or less , to the point of beginning . A .F . No . : 078-150-040 JFN 078 015 150 04 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows : 1 . General and special Taxes for the fiscal year 1990-91 , not yet payable , $103 .46 each installment . Code Area : 066-004 A .F . No. : 078-150-040 2 . The Lien of Supplemental Taxes assessed pursuant to Chapter 3 .51 Commencing with Section 75 of the California Revenue and Taxation Code . Page 2 EXHISiT Page �� Order No. 361397 3 . EASEMENT for the public over any portion of the herein described property, lying within any existing public or private road . 4 . RIGHT to extend the slope of cuts and fills outside of the limits of County Road as granted by Deed From : Rena I . Fry TO : County of San Mateo Dated : September 28 , 1933 Recorded : October 13 , 1933 Book/Reel 606 Of Official Records at page/image 123 , Records of San Mateo County, California . The exact location of said slopes are not given . 5 . EASEMENT over the herein described property, as granted in Deed : From: Rena I . Fry, a widow To : state of California Dated : January 11 , 1952 Recorded : November 5 , 1953 Document No . : 17525-L Book/Reel 2495 Of Official Records at page/image 466 , Records of San Mateo County , California . Grants Easement for riding and hiking . Affects a strip of land described as follows : BEGINNING at a point from which the intersection of the Northerly line of the grantor 's property and the Easterly right of way line of the La Honda Road bears Northerly 10 feet distant , and running thence parallel with and 10 feet distant Southerly of , the Grantor 's property line to a point where a trail now exists and thence following the trail to a point in Spanish creek marking the boundary between the lands of Derry and the Grantor . The Grantor agrees to construct riding gates in all cross fences . 6 . EXISTING EASEMENT for electricity and telephone lines as disclosed by Decree of Distribution issued out of the superior Court of the state of California in and ' for the county of San Mateo , No . 24694 in the Matter of the Estate of Charles A. Pearson , Jr . , deceased , dated October 30 , 1958 and a certified copy of which was recorded October 30 , 1958 in Book 3483 of Official Records at page 626 , Records of San Mateo County , California . 7 . EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the public in and to the waters and the use of such creeks or streams , to the high water mark . Page 3 EXHIBIT #44 page -of� Open Space R-93-91 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 AGENDA ITEM Award of Contract for a Replacement Water System at Skyline Rid n Space Preserve f ACTING GENERAL MANAGER'S RECOMMENDATION - 1. Accept the bid from Geotechnical Management, Inc. of $103,430 to complete this project. 2. Authorize the Acting General Manager to enter into a contract for performance of the work. DISCUSSION At your July 28, 1993 meeting, you authorized staff to solicit bids for replacement of the water system at the Skyline Ridge Open Space Preserve (see report R-93-81). A notice was published in the San Jose Mercury News and Daily Pacific Builder advertising the project. In addition, a notice was sent to a list of approximately 25 contractors who have expressed an interest in this type of project. Four contractors obtained copies of the plans for the project. A pre-bid conference occurred on August 9, 1993. Only two contractors attended the conference. The public bid opening was held on August 16, 1993. Only one bid was submitted. It is a complete bid, submitted by Geotechnical Management, Inc. (GMI) of Los Gatos for the amount of $103,430. GMI is the contractor currently building the Weeks Road Project at La Honda Creek Open Space Preserve. They specialize in water related projects and the District's engineer has worked with them several times in the past with satisfactory results. The bid is in line with the engineer's estimate of $91,650, with the exception of the electrical component of the project, which is $11,500 over the engineer's estimate. The contractor has indicated that he bid high on this item due to a lack of detail about the requirements. Plans for the electrical hook-up are currently being prepared by Pacific Gas & Electric Company. The contractor is willing to further negotiate that item. Staff proposes to sign a contract absent the electrical component and negotiate that price after detailed plans are available. Also, the engineer's estimate does not include the dismantling of the existing tank, which is included as part of the contractor's bid. Considering this and our potential for discounting the electrical component, the bid is actually under the engineer's estimate. Staff contacted the other plan-holders to try to determine why only one bid was submitted. The reasons given by the other three plan-holders for not submitting a bid include: 1) too busy with other projects and the project had a short completion time; 2) a heavy current workload, the project was beyond their normal scope of services, and they felt we would get lower bids from 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 R-93-91 Page 2 specialists in this field; and 3) their estimator was on vacation. Staff would normally be inclined to rebid a project on which only one bid was received. However, this project is critical to the ranger residents and their families, and other resident families at the Skyline Preserve who continue to rely on the existing r waters stem. The kY Y g P� Y maintenance of the existing system has been a serious burden for the field staff. The project had an unavoidably short period for construction because of the time required to obtain approvals from local agencies. This is probably the primary factor in deterring additional bidders. Because rebidding this project would guarantee that the project could not be undertaken until next summer, and because the bid is generally in line with the engineer's estimate, staff recommends awarding the contract to the sole bidder. The budget for this project originally included in the fiscal year 1993-1994 budget was $75,000, which was based on an early concept plan for the project. Based on the engineer's estimate and the bid, staff has recommended increasing the budget for this project to $110,000 to allow for construction contingency. This additional $35,000 is a late inclusion in the Planning Program budget adjustments and was not reviewed by the Budget Committee at its July 28 meeting. Prepared by: Mary Gundert, Open Space Planner Contact: Same as above Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-95 Meeting 93-16 August 25, 1993 AGENDA ITEM Fiscal Year 1993-1994 Budget Adjustments ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the budget adjustments presented in this report, including a 2.5 point (2.5%) across-the-board cost-of-living salary range adjustment for the District's office, supervisory, and management staff. 2. Adopt the attached resolution approving the budget adjustments for the 1993-1994 fiscal year. BACKGROUND At your March 24, 1993 meeting, you adopted the proposed budget of $17,665,350 for the 1993-1994 fiscal year (see report R-93-45). As noted at that time, the proposed budget was, in essence, an "interim" budget because of the uncertainty created by the state's financial crisis and the unknown factor of potential reductions in the District's property tax revenue. The proposed budget represented an 18% reduction in operating expenses when compared with the initial 1992-1993 budget adopted in March 1992. The proposed 1993-1994 budget was essentially a carry-over of the budget adjustments- reduction that the Budget Committee and Board addressed during fall, 1992. At that time, the initial 1992-1993 operating budget was reduced from $5.4 million to $4.5 million. With the uncertainty surrounding the state's and the District's budget, the 1993 Budget Committee, in the Board behalf, directed that $4.5 million be the target figure for the 1993-1994 budget in terms of operating expenses. On June 30, 1993, Governor Wilson signed into law SB 1135, which, among other things, amends, adds or repeal certain sections of the California Revenue and Taxation Code so as to shift an additional amount of property taxes equal to $2.6 billion for fiscal year 1993-1994 and 1994-1995 away from local governments, including many special districts, to school districts. The District's property tax revenues are not subject to this reallocation. DISCUSSION The Budget Committee and management team continue to approach the District's property tax revenue funding cautiously in light of the state's still unstable budget situation and the yet unknown outcome of the November election when California's voters will decide whether or Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Winn de Wit R-93-95 Page 2 not to extend the one-half cent sales tax, a key element of this year's state budget deliberations. The proposed additions to the operating budget discussed in this report total $253,900 and represent a 5.4% increase in the current $4,742,000 operating budget. Excluding proposed salary and benefit adjustments, proposed adjustments of$220,300 for the Operations and Planning Programs account for 87% of the total proposed additional operating expenses for all programs. The proposed additional operating expenses for each of the District's programs were discussed in detail at the July 28 Budget Committee meeting, and the committee members supported the proposed changes. The items proposed for funding at this time primarily represent items not included in the initial 1993-1994 budget due to the reduced $4.5 million operating budget threshold and/or new projects or items that have surfaced since you initially approved the 1993-1994 budget. The additions included in this report continue to reflect the "hold" placed by the Board on completing the implementation of the staffing reorganization plan adopted in March 1992. 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. Funding is being requested in the Planning Program for a full-time, temporary planning technician through March 1994. This is the only staffing increase in the proposed budget recommendations and would be on a temporary basis to allow for complete flexibility. The proposed adjustments are as follows: 1. Net Proceeds from Note Issue Originally anticipated to be $3,550,000. Increased to $5,000,000 with the resolution of this year's state budget crisis favorable to the District. New land purchases budget category therefore adjusted from $6,300,000 to $7,750,000. 2. Salaries - General Manager Ap ipo ntees Increase by $31,000 to reflect the 2.5 point across-the-board cost-of-living salary range adjustment being recommended for the District's office, supervisory, and management staff. This proposed adjustment is discussed in detail in section 9 on page 5 of this report. The District is currently in negotiations with S.E.I.U. - Local 715 which represents the District's rangers, lead open space technician, open space technicians, and equipment mechanic-operator. 3. Benefits - General Manager Appointees Reduce by $66,550 to $518,550. This adjustment is due primarily to a $46,600 PERS credit and benefit premiums coming in $31,050 under the estimates made during budget preparation. Benefit costs (retirement, workers' compensation, and social security - medicare) associated with the above cost-of-living salary range adjustment for the office, supervisory, and management staff are $5,100. Also included is $6,000 for unemployment insurance that was not included in initial budget preparation. Sections 4, 5, 6, 7, and 8 discuss proposed budget adjustments, excluding salaries and benefits, for each of the District's five major programs. R-93-95 Page 3 4. Q= S2ace Acquisition Program/En=rise Subprogram Budget Adjustments Proposed adjustments total $3,200 and breakdown as follows: Gardening Services--330 Distel $1,200 Office Signs--330 Distel 1,500 Landscaping Materials--330 Distel 500 TOTAL $3,200 As noted earlier, the acquisition program's new land purchases budget will become $7,750,000 based on the additional funding from the refinancing of the Certificates of Participation. The current operating budget for the Open Space Acquisition Program (including enterprise) budget is $365,850. The proposed operating budget adjustments of$3,200 represent a 1% increase in the program's budget. i 5. Operations Program Budget Adjustments Proposed adjustments total $109,000 and represent 43% of the proposed additional operating expenses total for all programs. These adjustments will primarily restore projects and/or funding that was cut during the fall, 1992 budget reductions. Funding for Loma Almaden Road repair, one of the items addressed in the 1992-1993 Santa Clara County Grand Jury report, is included at the $40,000 level. The program's proposed adjustments are: Seasonal Hours $ 5,000 Personnel Consultant (Team Building) 1,000 Equipment Rental 1,500 Vehicle Repair 10,000 Field Equipment < $500 1,700 Foothills Roads 6,000 Loma Almaden Road 40,000 Office Equipment 1,000 Rancho San Antonio Field Office Phone System 5,000 Field Equipment > $500 1,800 Flatbed Truck Conversion 3,000 High Capacity Trailer 16,000 Se rvices Professional (Law Enforcement and Radio) 1,000 Structure ) Repair (A-frame) 2,000 P ( Monte Bello/Los Trancos Road Repairs 3,000 Protective Barriers 2,000 Docent Training 400 Volunteer Uniforms 400 i Fire Pumper Replacement 4,000 Rock Breaker 4.500 TOTAL $109,300 The current Operations Program budget is $2,060,950. The proposed operating budget adjustments of$109,300 represent a 5.3% increase in the program's budget. R-93-95 Page 4 6. Planning Program Bud eg t Adjustments Proposed adjustments total $111,000 and represent 44% of the proposed additional operating expenses for all programs. Funding a full time, temporary planning technician through March 1994 is included at $11,000. In addition, $20,000 is requested to fund a study of the buildings at Mt. Umunhum; this item is included in response to the Santa Clara County's Grand Jury recommendation regarding the facilities at Mt. Umunhum. Additional funding in the amount of $35,000 is also being requested for upgrading the water system at Skyline Ridge Open Space Preserve; this project was initially budgeted at $75,000. As mentioned in the report on the award of contract for the water system, the additional funding for this project has not previously been considered by the Budget Committee. Planning Tech (full time temp through 3/94) $ 11,000 Interns (Resources & Trails through 3/94) 2,000 Russian Ridge Prop 70 Trail 2,500 New & Replacement Signs (Foothills & Skyline Preserves) 6,000 Resource Mgmt Implementation (Pulgas Ridge) 2,500 Sign Graphics (Rancho San Antonio) 500 Consulting (Nature Center-Skyline Ridge) 8,500 Topo Survey-Parking Plans (Pulgas Ridge) 2,000 Weeks Road Construction (La Honda Creek) 5,000 Sausal Spillway Repairs (Windy Hill) 2,000 Air Force Base Study (Mt. Umunhum Area) 20,000 Alpine Dam Studies (Skyline Ridge) 9,000 Underground Fuel Tanks Removal (Cathedral Oaks) 5,000 Water System (Skyline Ridge) 35,000 TOTAL $111,000 The current Planning Program budget is $1,226,300. The proposed operating budget adjustments of$111,000 represent a 9% increase in the program's budget. 7. Public Affairs Program Budget Adjustments Proposed adjustments total $31,000. The funding requested is for adding photos to the District's brochures, augmenting the stock of black and white photos of District preserve users, increasing the number of public informational meetings held throughout the District, and advertising various District activities and events. The major portion of the funding is for three public opinion surveys. The program's proposed adjustments are: Photography Services $ 1,500 Advertising 3,500 Public Events 1,000 Public Opinion Surveys 25,000 TOTAL $31,000 The current Public Affairs Program budget is $345,400. The proposed operating budget adjustments of $31,000 represent a 9% increase in the program's budget. R-93-95 Page 5 8. General Management and Program Support Budget Adjustments Proposed adjustments total $35,000, with $31,500 of this amount focusing on the general manager's position (search firm, computer equipment, and office furniture). A total of,$3,500 is included for general program needs listed below. Search Firm - General Manager Position $20,000 Computer Equipment and Office Furniture 11,500 for New General Manager PA System - Board Room 1,000 Computer Monitor 300 Plain Paper Fax - Mt. Umunhum 500 Temporary Office Help 1,200 Paper Shredder 55 TOTAL $35,000 The current General Management and Program Support Budget is $743,500. The proposed operating budget adjustments of$35,000 represent a 4.7% increase in the program's budget. 9. Across-the-Board Cost-of-Living Salary Range Adjustment for the District's Office, Supervisory. and Management Staff As noted in the March 10, 1993 Budget Committee report, "At the Budget Committee's direction, funding for cost-of-living salary adjustments for District's non- represented staff members is not included at this time in proposed 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 action on District funding is known." The Board adopted the Ralph Andersen and Associates compensation report in fall, 1992. The report stated, in part, that "in order to maintain competitiveness with the labor market, the entire salary table should be adjusted annually to account for cost of living (COLA) increases. In addition, in order to ensure that the District maintains equity with the labor market, the salary plan should be updated through a salary survey every third year. Staff checked with Ralph Andersen & Associates to ascertain what method the firm recommends to determine cost of living. They recommended that the best way is to survey the other agencies in our labor market and set the District's COLA adjustment consistent with our labor market group. Consumer price index data should also be referenced, but it is not the best indicator because it does not relate specifically to labor costs. The sixteen survey agencies used in the Ralph Andersen study are: ities: Cupertino Mountain View San Mateo Los Altos Palo Alto Santa Clara Los Gatos Saratoga Sunnyvale Milpitas San Jose R-93-95 Page 6 Counties: San Mateo Santa Clara Districts: East Bay Regional Park District Marin County Open Space District Marin Water District The following page, entitled 1993 Salary Survey Data, reflects salary adjustment information for the surveyed agencies. The range of COLA increases for the agencies is 0% to 4.64%. The average increase, including Marin Water District, is 2.3%. Consumer Price Index (CPI) data for the San Francisco-Oakland-San Jose Area for the period of April 1992 to April 1993 shows a 3.7% change for both the all urban consumers and the urban wage earners and clerical workers categories. Taking Y the survey and CPI data into consideration, I recommend that the Board approve, retroactive to April 1, 1993, a 2.5 point (2.5%) across-the-board cost-of- living salary range adjustment for the District's office, supervisory, and management staff. The 2.5 point increase would maintain competitiveness with the District's public sector labor market, as well as help staff keep pace with the day-to-day cost of living in this area. Prepared by: L. Craig Britton, Acting General Manager Jean H. Fiddes, Administrative Services Manager John Escobar, Operations Manager Randy Anderson, Planning Manager Malcolm Smith, Public Affairs Manager Contact Person: Jean H. Fiddes, Administrative Services Manager R-93-95 Page 7 1993 SALARY SURVEY DATA August 16, 1993 City of Cupertino (July) City of Saratoga (July) Contract negotiated every year. Mgmt & Still negotiating. Anticipate 0% increase, cut in Confidential increased 3% eff. 6/14/93; leave time, and increase in employee contribution Miscellaneous increased 3.5% 6/14/93; Public for health insurance. Works & Marnt. increased 3.58% 6/14/93. 0 increases in 1992. EBRPD (April) City of San Jose (varies) Last year of three year contract. COLA due All bargaining units agreed to 0% for the year; 4/13/93; postponed to 10/1/93. COLA will be one year contracts. 150 laid off; maybe more if dollar amount - $139.15 - added to each step; sales tax extension fails equal to 4% overall increase. Unrepresented employees usually get same increase at same time. Anticipate retroactive to 4/93. City of Los Altos (July) City of San Mateo (March) 0% increase First year of two year contract. 0% this year, 2% next year (3/94) for SEIU. Anticipate 0% for all other groups this year. n City of Los Gatos (July) County y of San Mateo increased Second year of two year contract. 3% increase 0% increase; Tuition reimbursementy y $100; incentive bonus increased $200 eff. 7/93. Offset by 2% furlough for some units (some haven't voted yet, some said no.) Board could impose mandatory furlough City of Milpitas (January and July) City of Santa Clara (January) January increase 3.5%; July increase of 3.5% Third year of 3 year contract. Increase of 4.64% given up to get 2% at 55 effective 1/93 City of Mountain View (July) County of Santa Clara (July) 0% increase plus 4 additional personal leave days SEIU extended contract to 8/29/93. CEMA 3% (equal to 1.5%) to be taken Christmas week for increase previously bargained for 6/21/93; agreed Mgmt, Professional & Clerical. Still negotiating to postpone to 8/29/93 with SEIU City of Palo Alto (May) City of Sunnyvale (June) Still negotiating all contracts. City offered 3% Still negotiating new contract; no increases since 7/91 Marin County Open Space District (July) Marin Water District* (July) 1% increase effective 1/93 (last year of 3 year Last year of 3 year contract. 4% increase contract); still negotiating new contract effective 7/1/93 *Not included in labor market but included in study to establish supervising ranger salary ranges. Range of COLA increases = 0% to 4.64% Average increase (including Mann Water District) = 2.3% R-93-95 Page 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amended 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 5,000,000 TOTAL INCOME PLUS FINANCING Q 19,01&OW $20,466,000 II INCREASE IN RESERVES 1,350-,650 $ 1,096,700 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-,688 $1,998,600 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 s 585-,IW $ 518,550 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 $ 2,83&,-§W $2,820,950 i R-93-95 Page 9 E. Services & Supplies 1. Legal Services $ 25,300 2. Regular Outside Services 34,9 56,100 3. Contract Services 2.36,5 332,000 4. Election/Annexation 2,000 5. Library and Subscriptions 3,500 6. Rents and Leases 8;300 10,000 7. Utilities 44,100 8. Postage 42,200 9. Printing and Duplicating 20,000 10. Insurance 102,500 11. Advertising 6-,688 10,100 12. Maps and Aerials 800 13. Private Vehicle Expense 12,000 14. District Vehicle Expense 138, 148,000 15. Business Meeting Expense 8,500 16. Personnel Development 42,650 17. Maintenance/Repair Equipment 14,050 18. Operating Expenses - Distel 46,198 47,800 19. Computer Expenses 10,000 20. Office Supplies/Small Equipment 10,000 21. Field Supplies/Small Equipment 26,8 28,500 22. Outside Maintenance Services 113;398 166,300 23. Property Taxes & Permits 3,400 24. Communications - Publications 93,000 25. Communications - Special Projects 36,888 37,000 26. Volunteer Program �88 6,900 27. Miscellaneous 1.100 SERVICES AND SUPPLIES SUBTOTAL hw7,90A $ 1,277,800 F. Fixed Assets 1. Previous Land Commitment $ 100,000 2. New Land Purchases 6-,300,0 7,750,000 3. Option Fees 200,000 4. Land Bank Payments 200,000 5. Site Acquisition Expense 122,500 6. Site Preparation Expense 50,008 55,000 7. Structures and Improvements 806,05 853,550 8. Field 44'RA8 24,500 Equipment 9. Office Equipment 3-;700 25,500 10. Vehicles _33-5-Mg 51,000 FIXED ASSETS SUBTOTAL Q :7 830 "`n $ 9,382,050 TOTAL OF ALL EXPENDITURES Q" 665 350 $19 369,300 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING 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 amended as set forth in Exhibit A. Section Two. The District's allocation of property taxes 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 any difference between actual revenue and budgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amended 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 5,000.00 TOTAL INCOME PLUS FINANCING $ 20,466,000 INCREASE IN RESERVES $ 1,096,700 EXPENDITURES A. Debt Services 1. Interest $ 3,502,500 2. Principal 2,386.00 DEBT SERVICE SUBTOTAL $ 5,888,500 B. Salaries 1. General Manager Appointees $ 1,998,600 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 $ 518,550 2. General Manager 19,320 3. Legal Counsel 5,500 C. Directors' Fees $ 27,000 D. Retirement Aiareement - H. Grench $ 112,930 SALARIES AND BENEFITS SUBTOTAL $ 2,820,950 E. Services & Supplies 1. Legal Services $ 25,300 2. Regular Outside Services 56,100 3. Contract Services 332,000 4. Election/Annexation 2,000 5. Library and Subscriptions 3,500 6. Rents and Leases 10,000 7. Utilities 44,100 8. Postage 42,200 9. Printing and Duplicating 20,000 10. Insurance 102,500 11. Advertising 10,100 12. Maps and Aerials 800 13. Private Vehicle Expense 12,000 14. District Vehicle Expense 148,000 15. Business Meeting Expense 8,500 16. Personnel Development 42,650 17. Maintenance/Repair Equipment 14,050 18. Operating Expenses - Distel 47,800 19. Computer Expenses 10,000 20. Office Supplies/Small Equipment 10,000 21. Field Supplies/Small Equipment 28,500 22. Outside Maintenance Services 166,300 23. Property Taxes & Permits 3,400 24. Communications - Publications 93,000 25. Communications - Special Projects 37,000 26. Volunteer Program 6,900 27. Miscellaneous 1,160 SERVICES AND SUPPLIES SUBTOTAL $ 1,277,800 F. Fixed Assets 1. Previous Land Commitment $ 100,000 2. New Land Purchases 7,750,000 3. Option Fees 200,000 4. Land Bank Payments 200,000 5. Site Acquisition Expense 122,500 6. Site Preparation Expense 55,000 7. Structures and Improvements 853,550 8. Field Equipment 24,500 9. Office Equipment 25,500 , 10. Vehicles 51,000 FIXED ASSETS SUBTOTAL $ 9,382,050 TOTAL OF ALL EXPENDITURES $19,369,300 Open Space R-93-90 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 I AGENDA ITEM Proposed Revision of the Site Naming and Gift Recognition Policies and Proposed Process for Determining a Method to Recognize District Founders GIFT POLICY COMMITTEE RECOMMENDATION Adopt the attached Site Naming and Gift Recognition Policies and direct the Gift Policy Committee to proceed with the proposed process for determining a suitable method of recognizing District founders. DISCUSSION At your meeting of August 26, 1992 (see report R-92-94), you appointed a Gift Policy Committee to review and revise District policies related to site naming and recognition and acknowledgement of public gifts and memorial donations to the District. At the same time, Peninsula Open Space Trust was, in cooperation with the District, developing a Memorial and Commemorative Sitting Areas program, which was approved by the Board on February 10, 1993 (see report R-93-29). The purpose of this policy review was to develop and/or update a mechanism for naming new preserves, sites, and areas and to determine the most appropriate means for the District to recognize and commend individuals or groups making significant contributions of cash, services, or materials toward the enhancement of the District goals, its programs, and its facilities. The attached proposed policy also includes a section entitled "Special Recognition," which outlines the procedures by which founders and other significant supporters may be recognized by the District for their efforts. It is recommended that the Gift Policy Committee schedule a meeting with invited members of the original steering committee involved in the formation of the District to develop a recommendation for recognizing and honoring the District's founders. This meeting would take place in early November. An initial report to the Board would be expected by your meeting of January 26, 1994. The existing Gift Policy Committee members are willing to continue serving for this second phase of the process. Prepared by: Nonette Hanko, Chairperson, Gift Policy Committee Contact person:, Same as above Open Space . . . for room to breathe 20th Anniversary • 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager.Herbert Grench Board of Directors:Pete siemens,Robert McKibbin,Teena Hen shaw,Ginn Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Site Naming and Gift Recognition Policies I. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property acquired,is a uired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. Memorial plaques that are not part of the District's standard informational signs shall be discouraged. Any Board approved memorial names may be included in site brochures, maps, or other informational materials. A. Qpgn Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Properties contiguous with that reserve. open space reserve may not always be added to an pe p p y yp 1. Preserves shall be named after: a) geographical features of broad, general significance to the preserve; b) historical persons, uses, or events broadly associated with the locale. 2. Preserves shall not be named after any individuals other than historical persons as noted above. i Unnamed B. Preserve Areas, Trails, Site Improvements Historic Sites and U amed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts will be negotiated at the time of purchase. 1. Preserve areas, trails, site improvements, historic sites and unnamed natural features shall be named after: a) geographical, botanical or zoological identification; b) historical persons, uses, or events associated with the site, or significant supporters of open space 2. Preserve areas, trails, site improvements, historic sites and unnamed natural features shall not be named after any living individual. III II. GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. A. Unsolicited Cash Gifts: $ 0 - $ 99 Letter signed by General Manager $ 100 - $ 499 Letter signed by President of the Board $ 500 - $ 999 *Resolution of the Board (Special Order of Day) $ 1,000 - $ 9,999 *Photo of favorite preserve with resolution $10,000 or more *Resolution, photo, and article in District Publication B. Gifts for specific projects** and memorials (includes cash.gqui ►I,meet, materials. goods or professional services): This policy includes those memorial gifts referred to POST by the District or initiated by POST in accordance with the Memorial and Commemorative Sitting Areas program approved by the Board on February 10, 1993. Plaques on sites will not be considered. Minimum value level $500 - ($499 and under is recognized in accordance with Unsolicited Cash Gifts schedule, above) $ 500 - $ 999 *Personalized resolution $ 1,000 - $ 4,999 *Photo and resolution $ 5,000 - $ 9,999 *Photo and resolution in plaque form $10,000 or more *Photo and resolution in plaque form (Ceremony); Honor Roll in District office; Article in District publication * These items will be provided only if desired by the donor ** MROSD Approved Projects only - Unapproved projects are discouraged and require formal U&M amendment which may not be recommended by staff or approved by Board. III. SPECIAL RECOGNITION A. Founders Special recognition for the founders of the District, either as individuals or as a group, may be recommended by an appropriate Board committee and approved by the Board. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. A committee appointed by the Board will make any final determinations as to the inclusion of specific individuals or groups in the category "Founders." B. Significant Supporters Special recognition for individuals or groups which have provided significant non-monetary support may be recommended by an appropriate Board committee and approved by the Board. "Significant Supporters" shall be defined as individuals or group of individuals who have shown conspicuous or noteworthy support for the District through contributions of time and effort to the advancement of the goals, philosophy and mission of the District. Open Space j R-93-96 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 AGENDA ITEM Fiscal Year 1993-1994 Budget Adjustments DISCUSSION The following adjustments need to be reflected in the amended budget for the 1993-1994 fiscal year. Pages 8 and 9 (attached) of the budget report have been revised to reflect the changes below, as has Exhibit A of the resolution. 1. Interest Income: $200,000 less due to failure to sell Teague Hill and lower interest rates. 2. Sale of Surplus ProptM: The $4 million should be removed as it is no longer realistic for this year. 3. Net Note Proceeds: ($000) Gems Now Norton Note 300 300 1993 COP: Proceeds to District 3,000 5,000 Proceeds to Reserve 250 250 3,550 5,550 4, Debt Service: My updated estimate based on the 1993 COP and impact of lower interest rates on the 1988 Variable Rate Notes. 5. Previous Land Commitment: Should include Norton ($400,000) and the Santa Clara County Parcel ($366,000). 6. New Land Purchases: I recommend $6,000,000 for new land purchases. Prepared b : P Y Michael Foster Controller Contact person: Jean H. Fiddes, Administrative Servicgs Manager 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 Hen shaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-93-95 Page 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Revised Amended Budget for Fiscal Year 1993-1994 I. REVENUES Initial 1993-1994 Budget A. Tax Revenues $ 10,047,000 B. Grant Income 239,000 C. Joint Projects, Gifts 0 D. Interest Income 630,089 $ 430,000 E. Rental Income 450,000 F. Sale of Surplus Property 4,,000,0 --0-- G. Other Income 100,000 TOTAL INCOME $ 15,466,000 $11,266,000 NET PROCEEDS FROM NOTE ISSUE -350;000 5,550,000 TOTAL INCOME PLUS FINANCING $ 19,016,000 $16,816,000 II. W-REA DECREASE IN RESERVES 1,350,650 $ 1,139,800 III. EXPENDITURES A. Debt Services 1. Interest $ 3,502,50 $ 3,213,000 2. Principal 2386:000 2,346,000 DEBT SERVICE SUBTOTAL $ 5,888,50 $ 5,559,000 B. Salaries 1. General Manager Appointees $-1,949,600 $1,998,600 2. Salary Incentive Awards 18,550 3. General Manager 461400 4. Legal Counsel 66,200 5. Controller 7,900 Benefits 1. General Manager Appointees 585,1 $ 518,550 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 $ 2,838390 $2,820,950 R-93-95 Page 9 Initial 1993- 1994 Budget E. Services & Supplies 1. Legal Services $ 25,300 2. Regular Outside Services 54,300 $ 56,100 3. Contract Services 236300 332,000 4. Election/Annexation 2,000 5. Library and Subscriptions 3,500 6. Rents and Leases 8;500 10,000 7. Utilities 44,100 8. Postage 42,200 9. Printing and Duplicating 20,000 10. Insurance 102,500 11. Advertising 6-6N 10,100 12. Maps and Aerials 800 13. Private Vehicle Expense 12,000 14. District Vehicle Expense 138,008 148,000 15. Business Meeting Expense 8,500 16. Personnel Development 42,650 17. Maintenance/Repair Equipment 14,050 18. Operating Expenses - Distel 46,1 47,800 19. Computer Expenses 10,000 20. Office Supplies/Small Equipment 10,000 21. Field Supplies/Small Equipment 26,80A 28,500 22. Outside Maintenance Services 113300 166,300 23. Property Taxes & Permits 3,400 24. Communications - Publications 93,000 25. Communications - Special Projects 36,000 37,000 26. Volunteer Program 64, 00 6,900 27. Miscellaneous 1,100 SERVICES AND SUPPLIES SUBTOTAL Q 1,107,90n $ 1 X7,800 F. Fixed Assets 1. Previous Land Commitment $ 400,000 $ 766,000 2. New Land Purchases 6,300,00A 6,000,000 3. Option Fees 200,000 4. Land Bank Payments 200,000 5. Site Acquisition Expense 122,500 6. Site Preparation Expense 50,O 55,000 7. Structures and Improvements 806,058 853,550 8. Field Equipment 11,2 24,500 9. Office Equipment 51-700 25,500 10. Vehicles _ 45-.0w 51,000 FIXED ASSETS SUBTOTAL 7,830,450 $ 8,298,050 TOTAL OF ALL EXPENDITURES $ 7,6",� $17,955,800 8/25/93 EXHIBIT A MIDPENINSUL A REGIONAL ON AL PE PACE DISTRICT G OPEN S Amended 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 430,000 E. Rental Income 450,000 F. Sale of Surplus Property --0-- G. Other Income 100,000 TOTAL INCOME $ 11,266,000 NET PROCEEDS FROM NOTE ISSUE 5,550.000 TOTAL INCOME PLUS FINANCING $ 16,816,000 II. DECREASE IN RESERVES $ 1,139,800 III. EXPENDITURES A. Debt Services 1. Interest $ 3,213,000 2. Principal 2,346, DEBT SERVICE SUBTOTAL $ 5,559,000 B. Salaries 1. General Manager Appointees $ 1,998,600 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 $ 518,550 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 8/25/93 E. Services & Supr 1. Legal Ser.__.;s $ 25,300 2. Regular Outside Services 56,100 3. Contract Services 332,000 4. Election/Annexation 2,000 5. Library and Subscriptions 3,500 6. Rents and Leases 10,000 7. Utilities 44,100 8. Postage 421200 9. Printing and Duplicating 20,000 10. Insurance 102,500 11. Advertising 10,100 12. Maps and Aerials 800 13. Private Vehicle Expense 12,000 14. District Vehicle Expense 148,000 15. Business Meeting Expense 8,500 16. Personnel Development 42,650 17. Maintenance/Repair Equipment 14,050 18. Operating Expenses - Distel 47,800 19. Computer Expenses 10,000 20. Office Supplies/Small Equipment 10,000 21. Field Supplies/Small Equipment 28,500 22. Outside Maintenance Services 166,300 23. Property Taxes & Permits 3,400 24. Communications - Publications 93,000 25. Communications - Special Projects 37,000 26. Volunteer Program 6,900 27. Miscellaneous 1,100 SERVICES AND SUPPLIES SUBTOTAL $ 1,277,800 F. Fixed Assets 1. Previous Land Commitment $ 766,000 2. New Land Purchases 6,000,000 3. Option Fees 200,000 4. Land Bank Payments 200,000 5. Site Acquisition Expense 122,500 6. Site Preparation Expense 55,000 7. Structures and Improvements 853,550 8. Field Equipment 24,500 9. Office Equipment 25,500 10. Vehicles 51,000 FIXED ASSETS SUBTOTAL $ 8,2981050 TOTAL OF ALL EXPENDITURES $17,955,800 Open Space R-93-93 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 AGENDA ITEM Report from General Manager Committee RECOMMENDATION Direct staff to hire a search firm to assist the Board in the hiring of a new general manager for the District. DISCUSSION Board members Bob McKibbin, Pete Siemens, and Teena Henshaw met with Jean Fiddes and Craig Britton on August 5, 1993 to consider the charge given by the Board in relation to the process to be used for the selection of a new general manager for the District. Discussion focused on the committee's first charge - should the District engage a search firm to recruit and screen candidates for the position of general manager? After much discussion about the pros and cons of this option, the committee recommends that the Board direct staff to hire a search firm to assist the Board in the hiring of a new general manager for the District. The search firm would perform the following responsibilities: 1) define the position with input from the Board; 2) design a marketing oriented recruitment brochure with assistance from staff; 3) actively recruit quality candidates who fit the profile; 4) screen the candidate pool; 5) manage the recruitment process; and most importantly, 6) assist in compensation negotiations. If the Board approves this recommendation and a search firm is hired, the committee would then meet with the firm and develop the timeline and procedures that would be used. The budget for this year includes $20,000 to be used for this purpose. Prepared by: Teena Henshaw, General Manager Committee Chair Director, Ward 3 Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 - FAX: 415-691-0485 General Manager:I lerbert Grench Board orOrrectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space R-93-94 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 AGENDA rMM Board Policies Pertaining to General Manager Employment, Board Records and Oversight; Organizational Improvement Program RECOMMENDATION Adopt the recommendations in the report. DISCUSSION I think it is timely, on the eve of our search for the District's new general manager, to suggest policies which I would like to see in place before we begin the general manager interview process. The Board now has a window of opportunity to adopt new policies that we feel will assist us both in the Board's oversight responsibilities of the District, and in the performance evaluation of the new general manager. It is also timely to adopt policies heretofore Missing, to do with general manager employment benefits and Board records. We (Board and staff) should take a fresh look at the relationship between Board and the management.team. The upcoming workshop will provide this opportunity. I'd like to hear from staff members in what ways this relationship could improve and whether or not the Board needs -more follow-through on our own part of the Organizational Improvement Program implementation. A. Policies 1) Policies pertaining to General Manager employment benefits: Recommendations a. Request a report from Jean Fiddes on pre-existing general manager benefits, including vacation, sick leave, administrative leave, _ compensatory time off(and any other benefits or lack of, that are not included here). b. Board/staff discussion on the value of administrative leave. My own personal belief (unless convinced otherwise) is that such benefits, where applicable, should be the same for all employees. Under vacation, I favor requiring two weeks a year; otherwise the manager may receive pay equal to value of additional weeks or accrue up to a maximum of twelve weeks. 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,Nanette Hanko,Betsy Crowder,Wing de Wit R-93-94 Page 2 On the subject of sick leave, I think this should be used for sickness only. A six weeks maximum seems fair but with consideration by the Board for unusual illness. I have an open viewpoint on administrative leave, but it needs discussion. 2) New policies pertaining to Board records: Recommendations a. Written notification sent to all Board members of all legal action taken by the management, and that a written status report of outstanding legal actions be sent to Board members every six months. b. Summary minutes be taken of closed sessions indicating the subjects and action taken, signed by the President of the Board, and copies retained by the legal counsel. C. The Board's written evaluation of each Board appointed officer (general manager, legal counsel, controller) be signed by the Board President and the officer and copies retained by the Board President and submitted to the officer. Some of these policies have already been put in place by the acting general manager, but should become written policy for future reference. 3) Policies pertaining to the oversight responsibilities of the Board: n member of the staff. a. No Board member shall give direction to an e g Y b. The Boaz d shall retain the option of conducting exit interviews with an y employee who leaves the District. C. Except for Board appointed officers (general manager, legal counsel, controller), the Board shall not establish individual salaries; however, the Board shall review salaries of the managers reporting to the general manager on an annual basis or at any time at the request of a majority of Board members. d. The Board shall adopt procedures for an annual evaluation of its appointed officers (general manager, legal counsel, controller) to include written notification of Board action (or lack of) on salary adjustments. R-93-94 Page 3 e. Individual Board members or any member of the management team shall bring to the attention of the entire Board any issue which in his/her opinion requires Board awareness or oversight. These policies are not intended to interfere with the management of the District but to establish a dialogue and information bridge between the management team and the Board. They are intended to further a goal of promoting clear, open, and consistent communication at all levels of the organization. These policies could be discussed at the workshop as part of the guidelines. B. Organizational Improvement Program As a result of the staff and Board survey conducted as part of the Organizational Improvement Program in 1991, the Board identified the following issues: 1 Improve organizational effectiveness b placing a greater emphasis on the P g YP g g P human side of the organization. 2 Improve internal communications articular) in the area of response to P particularly Po employee requests or needs. 3 Improve goal and priority setting, structure and resource allocation in P g P Y g� accordance with the strategic planning process. 4) Strengthen management through team development. 5) Improve Board role definition and relationships with general manager and staff. I am looking forward to the re-survey planned for later this year. In the meantime, I think the Board needs to give a fresh look at #5. How is the Board/staff relationship doing? Recommendations a. Discussion of Guidelines at upcoming workshop. Include Policy discussion of 3.) from my report (page 2). b. Develop additional survey questions based on discussion at workshop. i R-93-94 Page 4 C. Conduct survey to see how we can improve. Prepared by: Nonette Hanko, Director - Ward 5 Contact person: Same as above Meeting 93-13 REGULAR MEETING BOARD OF DIRECTORS July 14, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:30 P.M. Members Present: Ginn ab 'tt, Betsy Crowder, Wim de Wit, Nonette Hanko, Robert McKibbin, and Pete Siemens. Member A bsent. T ena Hens w. Personnel Present: Cr al ean Fiddes, Randy And rson, John Escobar, Malcolm Smith, Del Woods, and borah Zucker. ORAL COMMUNICATIONS /r There were no oat communications. III. ADOPTION OF AGENDA J. Fiddes requested that the Proposed-Option for Addition of Acronico Property to Long Ridge Open Space Preserve a considered later in the 4geodwwhen C. Britton arrived from Sacramento. B. Crowder stated that the agenda, revised, was adopted by Board consensus. GUIDELINES FOR BOARD-STAFF WORKING RELATIONSHIPS Accepted by Board of Directors November 20, 1991 Amended April 9, 1992 Amended January 11 , 1993 General 1 . Board members may go to any staff member for information only. If information request requires preparation, the request should be made to the General Manager or program manager who may confer with the General Manager . Board members ' requests for use of staff time shoulc' go through the General Manager or program manager who may confer with the General Manager. 2 . Board members are encouraged to give lead time and put requests in writing. 3 . Information front a Board member to staff should be routed through program managers . 4 . Staff will evaluate all new Board member-suggested projects for consistency with established goals , effects on other projects and available staff and financial resources . The staff will estimate the cost of doing these projects , will review them with the management team and will communicate the information to the Board. It is understood that cost estimates may be "rough" . 5. Management reports and recommendations to the Board should convey minority opinions on significant issues . 6 . Board members and management will not surprise each other with ` important information. 7 . Staff will actively support Board decisions . 8 . The General Manager will advise the Board of times when it is felt the Board has gotten into administrative detail . This subject will also be monitored by discussion at future Board-staff workshops . 9 . Management will set a positive example for other staff for Board-staff relations . 10. Board members and staff will respect each other ' s personal time, Meeting-Related 1 . Board members will refrain from publicly reproving staff members . I 2. The Board chair will gavel down members of the public who personally attack staff verbally. 3 . The Board will acknowledge unscheduled employee presentations but will defer action, discussion or response, but may request information fron management . Open Space R-93-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-16 August 25, 1993 AGENDA ITEM Committee Consolidation RECOMMENDATIONS 4 1. Establish four standing committees to replace existing committees. The change would be made at the committee reassignment time in January. 2. Designate committee jobs as summarized below. Future (new) tasks would be assigned by the chair, or a special limited duration committee (e.g. Manager Search) would be constituted by the Board. 3. Designate the positions of President and Vice-President as equivalent committee assignments, to provide a total of 14 assignments (two for each Board member), DISCUSSION The Board currently has a total of 12 committees, including two standing and nine ad-hoc committees, plus the new Resource Management Committee. These committees are all compensable. Some require a lot more work than others, depending on time or issue. I am proposing that we establish four standing committees to consolidate the responsibilities of the existing ones. The new committees would have duties assigned to give each approximately equal responsibilities (all equally important). Additionally, four committees with three members each, along with the positions of President and Vice-President, provide 14 assignments (two for each Board member). For a smooth transition, the change should happen when committee assignments are made after the Board officer elections in January. The following structure is suggested, with duties and/or old committees listed under each. A. BUDGET Jobs: Same as now B. LEGISLATIVE AND FINANCE Jobs: . Legislation Property tax issues Supplemental funding issues Note: Same issues as the existing legislative and finance committees. It seems that our discussions at the finance committee meetings have 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 R-93-89 Page 2 involved mostly legislative issues, either legislation by the District or by others. Also, many legislative issues coming from Sacramento or Washington involve money. C. RESOURCE MANAGEMENT Jobs: Use & Management Plan preview Trail policies Dog policies Staff& Docent recognition Operations issues Ordinance preview Special use policies Note: Many of these issues flow, one into another, as well as having common elements. D. ENTERPRISE Jobs: Leases and contracts Picchetti Fremont Older Thornewood Rentals Ranger residence policies Gifts policies Concessions (future) Note: There are common policies and problems associated with leases. Some of our leases have had problems with compliance. By elevating our oversight to a standing committee of three Board members, we underscore our concern that compliance with the lease terms is important to the District. Prepared by: Pete Siemens, Director - Ward I Contact person: Same as above Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: August 20, 1993 SUBJECT: F. Y. I. f n . . for room t breathe 20th Anniversary 1972-1992 Open Space , o o y 330 Distel Circle . Los Altos;California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 General Manager:Herbert trench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit 3 moodys Invests service 199 3 99 Church Street New York,NY 10007 August 10, 1993 Mr. L. Craig Britton Acting General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Dear Mr. Britton: We wish to inform you that our Rating Committee has reviewed and confirmed the rating of A 1 to the outstanding Midpeninsula Regional Open Space District, California Promissory Notes. In order that we may maintain the rating, we will require current updating information. we will appreciate your continued cooperation in the future. Should you have any questions regarding the above, please do not hesitate to contact Nikolai Sklaroff in our San Francisco office at (415) 274-1741. Sincerely, Daniel N. Heimowitz Executive Vice President Director Public Finance Department NJS: lt AUG-12-1993 14:57 FR N STANDARD PND POORS TO 914156310405 P.02 Standard & Poor`s Corporation R 'J I!. CUPY Municipal!~nance Deparumnt 25 Broadway New York; New York 10004-1064 Todd A. Whitevone 1Vlart�rtp birsctar Talepho v.ziatsos-lass July 29, 1993 Ms. L.,Craig Britton Acting General Manager Midpeuinsala Regional open Space District 330 Distel Ciroe Los Altos, CA 94022 Ile: S17,3 5,OW AWpenissudu Rego 4d Open Spate D"ic4 Ca4fmda CeyWeateg of IWI* ttrn, dated.• August I, 1993, due: September 1, 2020 Dear Ms. Batton: Pursuant to your request for a 'Standard &Poor's rating on the above debt obligations, we have reviewed the information fur fished to us and, subject to the terns and conditions of the MEMORANDUM OF AGREEMENT on the reverse side hereof, have assigned a rating of `A' to the obligaticans. Pleas note that the information referred to in the third paragraph of the NIEMORA:NDUD OF AGREEMENT includes annual audits and budgets and, for revenue: bond ratings in connection with construction fmancing, progress reports, not less often than quarterly, covering the project being financed. In the event that you decide to include this rating in an Off cW Statement, prospectus or other offering literature, we request that you include S&P's definition of the rating together with a statement that the rating may be changed, suspended or withdraw as a result of changes in, or unavailability of, information. We are pleased to have been of service to you. Our bill will be sent in due course. If you have any questions, please contact us. Very truly yours, exi cc: Ms. Susan E. Knowles, Associate Kidder Pmbody & Co. 555 California.Street - Suite 3200 San Fraucisvo, CA 94104 Ms. Rhett Carrier Orrick HeMington & Sutcliffe 400 Sansome Street 1 � San P CA 94111AM Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 17, 1993 Michael P. Murphy, Deputy County Counsel County of San Mateo County Government Center Redwood City, CA 94063 Subject: Edgewood Park, Amendment to Joint Powers Agreement Dear Mike: I am pleased to officially advise you that the Board of Directors of the Midpeninsula Regional Open Space District accepted and approved the Amendment to Joint Powers Agreement and accompanying Modified Park, Recreation, scenic and open Space Easement. Accordingly, I have enclosed a certified copy of District Resolution 93-27 along with a fully executed original of the Agreement for inclusion with your records. Pursuant to the terms of the Agreement, I will record the original Modified Easement this week. After the Recorder's Office microfilms the easement document and return it to me, I will forward a conformed copy to complete your file. I would like to add that it has been a pleasure working with you on this project. The District Board of Directors were unanimously pleased to join vjith the San Mateo County Board of Supervisors to assure that Edgewood Park would be forever dedicated as a natural preserve. Preservation of this site with its unique flora and fauna will be an exquisite legacy for future generations. Si erely, L. Craig Britton Acting General Manager LCB:snd cc: Board of Directors San Mateo County Board of Supervisors Brian O'Neal, GGNRA (enclosures) Open Space . . . for room to breathe 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 Phone: 415-691-1200 - FAX: 415-691-0485 (9 General Manager.Herbert Grem h Board of Oire(tors:Pete Siemens,Robert%A(Kibbin, I eena I ienshaw,Gin ny Babbitt,Nonette Hanko,Betsy Crowder,W im de Wit Claims No. 93-•14 Meetir= 93-16 Date: August 25, 1993 REVISED MIDPENINSULA REDIONAL OPEN SPACE DISTRICT # Name Description ----------------------------------------------------------------------------------------------- -- 4605 641.71 Acme Sanitation & Sons, Inc. Sanitation Services 4606 183.35 Allen Equipment Company, Inc. Fire Equipment Rental 4607 179.70 American Welding Supply Equipment Supplies 4608 115.43 Randy Anderson Private Vehicle Expense 4609 77.45 Bay Area Ridge Trail Council Signs 4610 125.72 Bay Hydraulics, Inc. Equipment Repair 4611 487.34 Big Creek Lumber Fence Pets 4612 2,299.48 Binkley Associates Consulting Services--Skyline Water Syst 4613 830.00 Louis Bordi, General Engineering Grading 4614 478.50 Breon, O'Donnell, Miller, Brown Legal Services and Dannis 4615 291.80 State of California Procurement Fees-Vehicles 4616 146.01 California Water Service Company Water Service 4617 791.06 Cascade Fire Equipment Company Fire Equipment 4618 201.70 Clark's Auto Parts/Machine Shop Vehicle Parts and Repairs 4619 100.00 Coastside Proflame Propane Fuel 4620 388.00 Barrie D. Coate Arborist--4leeks Road 4621 159.00 Sheryl Maricni Cochran Reimbursement--Plan Check Fees 4622 75.00 Cc m m *Lication Research Radio Repairs 1 4623 417.53 Alice Cummings Private Vehicle Expense 4624 170.49 Design Signs Signs 4625 881.50 Earth Systems Consultants Geotechnic al Engineering---Weeks 4626 81.00 Federal Express Express Mail 4627 2,319.98 David B. Fisher Legal Services " 4628 60.86 Foster Bros. Security Systems,Inc. Keys and Locks 4629 31.52 Franciscan Glass Company, Inc. Glass--Ranger Residence 4630 38.95 G & K Services Shop Towels 4631 366.39 Gardenland Power Equipment Equipment Parts and Repairs 4632 64.52 John Kowaleski Reinbursement--Renger Residence 4633 63.55 Los Altos Garbage Company Dumpster Rental 4634 996.98 Sharon Hall Photography Photography Services 4635 10.08 Home Depot Field Supplies } 4636 4,890.00 Huettig & Schroamm, Inc. Construction Administrative Services-- Rancho Field Office 4637 143.87 Independent Business Products Computer Supplies s 4638 372.37 Konica Business Machines Photocopier Maintenance Agreement 4639 18.84 Langley Hill Quarry Base Rock 4640 129.88 Minton's Lumber Company Field Supplies 4641 9,889.03 Murray & Murray Legal Services 4642 1,531.20 Stanley Norton Second Quarter 1992 Litigation and July Expenses 4643 1:861.20 National Mailing Services, Inc. Postage--Fall Newsletter 1 4644 24.49 Noble Ford Tractor, Inc. Equipment Part 4645 761.96 Office Depot Office plies 4646 248.16 Orchard Supply Hardware Field Supplies 4647 1,,107.96 Pacific Bell Telephone Services 4648 606.24 Page & Turnbull Architectural Services--Picchetti 4649 268.41 Peninsula Blueprint, Inc. Blueline Prints 4650 44.04 Pilarcitoxs Quarry Base Ronk I 4651 521.28 PIP Printing Photocopying p III S S m Claims No. 93-14 t Meeting 93-16 Date: August 25, 1993 REVISED f MIDPENINSLMA REGIONAL OPEN SPACE DISTRICT j j # Name Description ----------------------------------------------------------------------------------------------,_. - 4652 50.00 Plarrors Bookstore Resource Documents 4653 55.21 Patty Quillin Reimbursement--ftfreshments for Docent Meeting 4654 32.50 Rayne of San Jose Water Service 4655 364.60 Reed & Graham, Inc. Asphalt for Repairing Parking Lots 4656 62.33 Regal Dodge Vehicle Parts 4657 554.43 Rich's Tire Service Tires 4658 954.90 Ray's Repair Service Vehicle Maintenance and Repairs 4659 6,964.54 San Jose Mercury News Legal Advertisements 4660 356.33 S & W Equipment Company Equipment Rental 4661 1,479.00 ";first Bank Administration Fee 4662 2,984.45 Service Manufacturing Company Service Body for New Vehicle 4663 5.99 Skyline County Water District Water Service 4664 2,417.56 J e Consulting Services--Nature Cater 4665 53.75 Standard Brands Paint Company Paint 4666 252.00 The Tufnut Works Field Supplies 4667 79.50 University Art Center Frames and Drafting Supplies 4668 103.32 Vallen Safety Supply Company Safety Equipment 4669 540.00 Valley Title Company Preliminary Title Reports 4670 2,000.00 Carter Waxman Advertising Consulting Services--Media Training 4671 94.25 Whitmore, Johnson & Bolancs Legal Services 4672 94.23 WMI Services: Port-o-Let Sanitation Services 4673 467.46 The finbrkir, 's Emporium Uniform Expense r 4674 30,000.00 First American Title Insurance Land Purch --Pantano Ccmpany j 4675 342.12 Petty Cash Local and Out-of-Tbm Meeting Expense., !I Field and Office Supplies, Film and Developing, Volunteer Anil, Photocopying, and Private Vehicle! Expense f' I t l i f ,k P i . I i