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
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NOTES ,
El1 . DOGS ON LEASH
SAUSAL
PERMITTED HERE POND -'
v
2. BICYCLES ARE PROHIBITED
ON ANNIVERSARY, EAGLE,
HAMMS GULCH, RAZORBACK RIDGE -
IC
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0c, � - PORTOLA VALLEY
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BICYCLING ENTRY LHIKING,RUNNING a~` -
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PARKING x NO PUBLIC ACCESS MILE
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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
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PROPOSED PANTANO ADDITION TO Date: 8-16-93
LA HONDA CREEK OPEN SPACE PRESERVE Prepared by: D.W.
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_ 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
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