HomeMy Public PortalAbout19971112 - Agendas Packet - Board of Directors (BOD) - 97-34 Regional Open , ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
November 12, 1997
(7:30) ROLL CALL
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDERS OF DAY -- C. Britton
Resolution Commending the Trust for Public Land On Its 25th Anniversary
Resolution of Appreciation Honoring Mr. Ernest Goitein
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- M. Davey
*** APPROVAL OF MINUTES
October 8, 1997 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
*** 1. Review and Comment on the Proposed Annual Seasonal Trail Closures
Informational Report -- J. Escobar
(7:45) 2. Approval of the Proposed Road Easement and Water Rights Agreements for
Windy Hill Open Space Preserve and Determination that the Recommended
Actions are Categorically Exempt from the California Environmental Quality
Act -- C. Britton
Resolution Authorizing Acceptance of Road and Utility Agreement and Water
Agreement, Authorizing the Board President to Execute Certificate of
Acceptance of Grant to District, and Authorizing the Board President and
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Windy Hill - Lands of POST et al.)
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db.to 25 Years of Open SpaicPre ervatina
330 Distel Circle * Los Altos,CA 94022-1404 - Phone:650-691-1200
1972-1997 FAX:650-691-0485 - E-mail:mrosdCopenspace.org * Web site:www.openspace.org
Board of Directors:Pete Siemens,Mar C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Bets.__.r___. L.
_a..
y y y Betsy Crowder,Kenneth C Nitz � General Manager:L.Craig Britton
Meeting 97-34 Page 2
(7:55) 3. Authorization for the Execution by the President of the Board of the Notices of
Completion of Contract and Acceptance of Work for FEMA Funded Landslide
Repair Projects - Driveway to Life Estate Area at Skyline Ridge Open Space
Preserve; Jones Trail at St. Joseph's Hill Open Space Preserve; Canyon Trail at
Monte Bello Open Space Preserve; Upper Purisima Road at Purisima Creek
Open Space Preserve; and School Road at Long Ridge Open Space Preserve--
R. Anderson
*** 4. Alpine Road Encroachment Agreement for the Life Estate Driveway at Skyline
Ridge Open Space Preserve -- R. Anderson
Resolution Authorizing Acceptance of Encroachment Agreement, Authorizing
Officer to Execute the Agreement on Behalf of the District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve -
Alpine Road Encroachment)
(8:00) 5. Authorization for the General Manager to Amend the $250,878 Contract With
the Jens Hansen Company of San Carlos, for a Sum Not to Exceed $25,088
(10% of the Original Contract Amount) to Create a Contingency Fund for
Additional Expenses or Changes Encountered During Construction of the
Project -- M. de Beauvieres
(8:05) 6. Authorization for the Expenditure of$150 for Two Staff Members and One
Board Member to Attend the Peninsula Conservation Center Foundation Awards
Luncheon, At Which the District Will be Receiving an Award and
Consideration of the Request from Director M. Davey That Instead of Sending
Three District Representatives, the District Sponsor a Total of Ten Attendees to
the Luncheon at a Total Cost of$500 -- C. Britton
(8:10) 7. Review of 1996-1997 Actual Budget Expenditures and Mid-Year Review of
1997-1998 Budget and Acceptance of the Report of the Administration and
Budget Committee and Controller's Mid-Year Financial Review -- C. Britton
(8:15) 8. Acceptance of the Mid-Year Program Evaluation for the 1997-1998 Action Plan
for the Implementation of the Basic Policy of the Midpeninsula Regional Open
Space District -- C. Britton
*** 9. Cancellation of November 26, 1997 Regular Meeting and Scheduling of
November 19 Special Meeting -- C. Britton
*** 10. Approval of the Closure of the Administrative Office Each Year During the
Week Containing the Christmas Eve and Christmas Day designated District
Holidays -- D. Dolan
Meeting 97-34 Page 3
(8:45 ) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
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.
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. Board
members, the General Manager, and members of the public may request that an item be removed from
the Consent Calendar during consideration of the Consent Calendar.
Regional Open F -ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REsmunoNNo. 97-
REsoLUTIoN of APPRECIATIoN of THE BOARD of DIRECTORS of THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
HONORING MR. ERNEST GOITEIN
WHEREAS, Mr. Ernest Goitein is a local engineer who has an interest in the
preservation of open space land and the cultural history therein; and
WHEREAS, Mr. Goitein supports the District, its programs, and its philosophy
of land conservation; and
WHEREAS, Mr. Goitein has donated his professional time to provide
calculations for the repair and replacement of various support structures for the
roof, balcony, and stairs at the residence in the District's Thornewood Open
Space Preserve; and
WHEREAS, this generous donation will help the District and its tenant on the
property to better maintain and preserve the historic character and quality of the
Thornewood Estate; and
WHEREAS, Mr. Goitein's donation of professional time is valued at over $700.
Now, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does hereby commend and applaud
Mr. Ernest Goitein for his generous donation of professional time, his
dedication to open space, and his support of the District and its programs.
Adopted by the Board of Directors
November 12, 1997
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera/Manager:L.Craig Britton
Regional Open ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOL UTION NO. 97-
RESOL UTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE
TRUST FOR PUBLIC LAND ON ITS 25THANNIVERSARY
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that the
preservation of open space and park land throughout the united States is of crucial importance,from
environmental, economic, and quality of life perspectives; and
WHEREAS, the Trust for Public Land is a nationwide private non-profit organization founded in 1972 to
conserve land for the public to enjoy as parks,playgrounds, community gardens, recreational areas,
historic landmarks, and wilderness areas; and
WHEREAS,since its formation, the Trust for Public Land has worked diligently to help protect more than
1,400 sites nationwide, and has helped preserve nearly one million acres of land in 44 states and Canada;
and
WHEREAS, the Trust far Public Land works in targeted cities to help develop comprehensive land
acquisition and park improvement programs, and to raise the public's awareness of and appreciation for
the crucial role that parks, recreation, and open space plays in our nation's quality of life; and
WHEREAS, the Trust for Public Land successfully works with hundreds of local and regional private land
trusts, with federal, state, county and municipal governments, with local and regional special districts, and
with business, civic, and neighborhood groups to further the goals of land conservation; and
WHEREAS, the Trust for Public Land is this year celebrating its 25th Anniversary.
Now, THEREFORE,BE ITRESOLvED that the Board of Directors of the Midpeninsula Regional Open
Space District does hereby honor, congratulate, and commend the Trust for Public Land for its
extraordinary achievements and exceptional service to the public over the last twenty-five years, and
extend its wishes for continued success in its land conservation programs.
Adopted by the Board of Directors
November 12, 1997
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Regional
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Open . .
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-29
SPECIAL• AND REGULAR MEETING
BOARD OF DIRECTORS
October 8, 1997
MINUTES
I. ROLL CALL
President Mary Davey called the Special Meeting to order at 6:10 P.M.
Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, and
David Smernoff.
Members Absent: Nonette Hanko
Personnel Present: Craig Britton, Sue Schectman, Malcolm Smith, John Escobar, Mike
Williams, and Del Woods.
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:11 P.M. and the Closed Session commenced at 6:12
P.M. The Board concluded the Closed Session at 7:25 P.M. and M. Davey called the Regular
Meeting to order at 7:30 P.M. She announced that no reportable actions had been taken and
that the Closed Session would be continued at the conclusion of the Regular Meeting.
Additional Personnel Present* Jodi Isaacs and Gordon Baillie.
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: D. Smernoff moved that the Board adopt the agenda. J. Cyr seconded the
motion. The motion passed 6 to 0.
Celebrate 25 Years of open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 0 Phone:650-691-1200
1972-1997 - FAX:650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nanette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Meeting 97-29 Page 2
V. ADOPTION OF CONSENT CALENDAR
J. Cyr requested that the response to the written communication from Ms. Shari Fisher be
amended to correct the last sentence in the fifth paragraph, first page, to read, "Rangers do
issue citations for violators who are caught, however!"
Motion* J. Cyr moved that the Board adopt the Consent Calendar including the minutes
of the August 13, 1997 Regular Meeting; the minutes of the August 27, 1997
Regular Meeting; amended response to a written communication from Ms. Shari
DeSantis Fisher, sfisher@t?nix.sri.com: agenda item 3, Resolution 97-34 a
Resolution of the Board of Directors of the MidMninsula Regional Q= Spate
District in Appreciation for Thomas L. Anderson Niswa_nder Construction Inc.
for his Dona ion of Materials and Labor Completing a Seismic Retrofit on the
Residence Structure at the McDonald Ranch in the La Honda Creek Open Space
Preserve; and Revised Claims 97-18. P. Siemens seconded the motion. The
motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 - Acceptance of the Request for Proposals (REP) for the
Operations Program Review and Authorization for the General Manager to Solicit
Proposals for this Prgiect - (Report R-97-111)
G. Baillie presented staffs recommendation and highlighted Section III of the RFP
which summarized the study products expected from the consultant. He said the
bargaining unit has reviewed the changes.
P. Siemens suggested the following non-substantive changes to the draft:
Page III-2, Item 3.a. and page III-4, Item B.4. - Clarify language so there is less
possibility of confusion.
Page III-2, paragraph iii - Change to read, "Evaluating the types and levels of criminal
activities . . ."
Page III-1, Item 4.d. - Require that costs be presented as a percentage of how they
would affect the operations budget.
Following discussion, J. Escobar said he thought they could incorporate language that
would address budget issues.
D. Smernoff said his concern is for public safety as well as ranger safety. He said he
would like that to be included on Page I-1, last paragraph of Section C. He was
informed that items in section b. on page I-3 were not in order of priority.
G. Baillie explained that the Program History on Page I-4 was not in chronological
order because it made more sense to separate the maintenance and patrol history. Sub-
headings will be inserted to indicate this division.
Discussion followed regarding whether to add an additional meeting date to the
Schedule for the Program Review on Page I-5. S. Schectman said the agreement with
the union during negotiations was that the draft study would be disseminated to them
Meeting 97-29 Page 3
and they would have an opportunity to participate prior to presentation to the Board.
The document would be available to Board members so they can see it while it is
circulating to the union.
C. Britton proposed that the schedule should indicate that the consultant and staff will
present the final draft on June 10 and the Board will have a workshop on June 24 to
discuss implications of the study. It will be noted on the schedule that those dates are
subject to availability of Board Members. Board Members agreed with that schedule,
adding that they might also want to have a special meeting on the subject.
D. Smernoff asked for the following changes:
Page III-1, first sentence of Section A. include the requirement that the report be
printed double sided and on recycled paper.
Page III-3, Section 4.c., be changed to read, " . . . impact on public and employee
safety."
Harry Haeussler, 1094 Highland Circle, Los Altos, noted that the draft RFP was not
attached to his copy of the staff report. He said the review just talks about what the
District is doing and not about what will go on in the future. He questioned the
involvement of the union. A copy of the RFP was immediately given to Mr.
Haeussler.
C. Britton said this is a study asking the consultant to show the District some different
ways the District can operate and what the costs are. There was an agreement with the
field staff that the District would do this study, but the final decision on any changes in
the District's operation would be in the hands of the Board.
J. Escobar confirmed that the bargaining unit's participation is very specific.
Motion* D. Smernoff moved that the Board accept the Request for Proposals
(RFP) for the Operations Program Review as amended, and authorize
the General Manager to solicit proposals for this project. P. Siemens
seconded the motion. The motion passed 6 to 0.
B. Agenda Item No. 2 - Authorization for Staff to Hire Godbe Research & Analysis to
Conduct a Public Opinion Survey to Assist the District in Evaluating the Potential to
Establish a System of Onen Space Preserves, Pis, and Beaches on the San Mateo
County Coasi in Coordination with Existing and planned District Preserves and Trails -
(Report R-97-144).
Meeting 97-29 Page 4
M. Davey reviewed the report.
J. Cyr commented that he liked idea of breaking the survey into three regions.
M. Davey said the survey will include questions regarding people's willingness to pay.
S. Schectman said there is no problem about this being a sole source as it is
professional consulting services.
Harry Haeussler said that he disagreed with the statement that the people on the coast
had asked the District to expand. M. Davey provided clarification.
C. Britton said that the Board had charged the ad hoc committee with coming back with
a report on how to preserve land on the San Mateo coast, expansion of the District
being one of the alternatives. The survey is being done so that the Committee can
evaluate the alternatives. This was the meeting at which the ad hoc committee was to
present a report, but the telephone study is necessary before the report can be
completed. Therefore, the Board will not receive the report until after this survey is
completed, probably by the end of the calendar year.
M. Davey said the questions on the survey will be inclusive of ways to preserve the
land but that bringing the area into the District is probably the most feasible way to
accomplish that.
Following discussion regarding Board review of the survey questions, S. Schectman
pointed out that the survey is designed to give the full Board identifiable options and is
not intended to make decisions. She recommended that the ad hoc committee develop
the survey and send it out. The whole Board would then be reviewing the final report
of the Committee in Public Session.
Motion: B. Crowder moved that the Board authorize the General Manager to
execute a contract with Godbe Research & Analysis to conduct a public
opinion survey, at a cost of$25,717. K. Nitz seconded the motion. The
motion passed 6 to 0.
VI. INFORMATIONAI, REPORTS
M. Davey had attended a public hearing last night in Los Altos for the Regional Open Space
Study that would help guide the District in the future. R. Anderson made the presentation.
M. Davey and D. Smernoff complimented staff.
M. Davey presented a rock with the words "Save Land" etched in it which was given to her by
Audrey Rust, Executive Director of POST, at last night's meeting.
B. Crowder said D. Smernoff and she had gone to the Deer Hollow Farm Annual awards and
dinner Sunday night. She had received from Greenbelt Alliance an analysis of recent
developments on the coast. She and Jean Rusmore are now doing South Bay Trails and were
hiking at Ed Levin Park. She read from East Bay Regional Park District's bicycle ordinance
and asked how it compared with the District. J. Escobar said with the exception of trail width,
their regulations mirror ours.
Meeting 97-29 Page 5
D. Smernoff said the Deer Hollow Farm event was nice and this is a good program.
C. Britton reported as follows: 1. Letter from Ralph Heim in FYIs regarding AB 1425 which
was signed by the Governor and includes the District's EEMP project to connect Limekiln
Canyon to Soda Springs Canyon. 2. He reminded Board Members of the agenda for October
15 which is a joint meeting with the Santa Clara County Open Space Authority. 3. He
pointed out a thank you regarding the Los Gatos fire. 4. He noted that PCL is not going
ahead with any parks initiatives. 5. He and B. Crowder attended the Land Trust Rally in
Savannah, GA. Ted Turner was keynote speaker. POST was the center of attention. The rally
will be in Madison, WI next year. 6. He pointed out a clipping regarding Audrey Rust's
presentation at the rally regarding Bair Island during which the announcement came in that $2
million of Federal money had been put in for Bair Island. 7. He had received an invitation to
the Golden Gate National Recreational Area 25 h anniversary banquet on October 27. Other
groups celebrating 25th anniversaries include Trust for Public Land which is on October 23
and is tied to Marty Rosen's retirement, and the Coastal Commission. 8. He mentioned the
Santa Clara County Special District Association Meeting on October 23. P. Siemens will be
the District representative. Staff will come back to the Board with a plan to urge the
independent special districts in the county to get together and get representation on LAFCO.
9. The League of Conservation Voters is honoring Byron Sher on October 16.
J. Escobar announced as follows: 1. Ranger M. Newburn had signed the first horse keeping
agreement today 2. State Solid Waste Management Board is cleaning up a dump in Skyline
Ridge which includes medical waste, which the State is committed to cleaning up.
M. Smith reported as follows: 1. He pointed out the memo to C. Britton regarding the final
cost of the 25th anniversary newsletter. 2. The District's Outdoor Education Leader Program
received an award from Peninsula Conservation Center Foundation. 3. October 12 is the
Skyline event and November 7 is the District's 25' anniversary banquet. 4. As part of the
program at the Nature Center the concept has come forward of creating a program where we
could transport kids using donated money. They are looking for ways to gather donations
toward this program which is called Kids' Nature Express.
At 8:28 P.M. the meeting was adjourned and S. Schectman announced that the Board would
reconvene for the purpose of continuing discussion of closed sessions items 1 and 2.
VIII. CLOSED SESSION
The Board recessed to Closed Session at 8:35 P.M. and the Closed Session commenced at 8:36
P.M. The Board concluded the Closed Session at 9:06 P.M. No reportable actions were
taken.
IX. ADJOURNMENT
The meeting was adjourned at 9:07 P.M.
Roberta Wolfe
Recording Secretary
Claims No. 97-18
Meeting 97-29
Date: October 8. 1997
Revised
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2942 270.00 ADP Workplace Blueprints Seminar--D. Dolan & B. Congdon
2943 278.28 AOT Security Services Alarm Service
2944 507.22 A Rental Center Equipment Rental
2945 5.22 AT & T Telephone Service
2946 850.00 AvnarRenta| 25th. Anniversary Van Rental Deposit
2947 1'117.15 Big Creek Lumber
2948 8'433.48 Bofors Skyline Brochure Printing
2948 2'735.00 BNY Western Trust Company Note Paying Agent
2950 151.83 California Water Service Company Water Service ^
2951 2'740.83 Carter Industries Vehicle Service Body
2052 57.34 Coastal Ford TractorTractor Repair Parts
2853 377.02 CornpurunSyatemno Computer Repair and Upgrade
2854 310.45 Bunny Congdon Reimbursement--Rental Repairs
2855 1.62 Contemporary Engraving Name Tag Engraving
2956 48.50 Cougar Couriers Express Mail
2857 32.48 C & J Cartridges Cartridge Refill Service
2858 51.69 Dennis Danielson Reimbursement--Office Supplies
2959 1'956.09 Dell Marketing L.P. Computer
2900 4'531.49 Design Concepts Nevva|etter, Hikes 8k VVm|km, Brochure
Graphics and Business Cards
2901 84.36 Forestry Suppliers, Inc. Field Safety Supplies
2962 125.43 Foster Bros. Security Systems, Inc. Locks and Keys
3963 47.74 (] & K Services Shop Towel Service
2984 25.717.00 {3odbe Research & Analysis Consulting-Public Opinion Survey
2985 1'050.53 [SoodooPremo Business Card and Letterhead Printing
2960 102.13 <3TEK4obi|net Cellular Phone Service
2967 124.49 Interstate Traffic Control Sign Markers
2968 3'226.84 Jedm Publications Map Printing
2908 81.80 Lab Safety Supply Safety Supplies
2970 28.37 Langley Hill Quarry Base Rock
2971 861.25 Lanier Worldwide, Inc. Copier Lease Service
2972 280.00 Torn Lindsay Nature Center Print Casts
2573 20.00 Los Altos Town Crier Subscription
3974 1,095.87 Lucent Technologies A T & T Maintenance Service
2975 164.80 Los Altos Garbage Company DurnpmtmrSarviom
2976 809.93 K8omvinA. Mace Acquisition Consultant
2977 120.00 Marie K8cGouQh Accounting Consultant
2878 1,055.41 MotrnK8obi|aComnmnun|tat|onm Radio Repair and Maintenance
3979 200.00 National Safety Council Membership
2980 2'364.65 *1 yJavmrone |ndusthom Mailing Deposit
2881 498.00 The New Leaf Catering VIP Tour Catering
2382 2.76 Off iceMas Off ice Supplies
3983 480.27 C>r|ondiTrai|er Equipment Repairs
2984 130.29 Pacific Bell Telephone Service
2985 215.57 Payment Center AT /& T Long Distance Service
2986 362.82 PIP Printing Newsletter and Map Printing
2887 1,700.00 Town ofPorto|e Valley Retainer-Planning Conmdinmtop'WindyHiU
Page 1
Claims No. 97-18
Meeting 97-29
Date: October 8, 1997
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2988 322.03 PriceCostco Office Supplies
2989 172.00 The Pryor Report Subscription
2990 1,580.05 R & R Designers Enterprise Rental Repairs
2991 3.20 Rancho Hardware Field Supplies
2992 34.13 Rayne Water Conditioning Water Service
2993 1,530.00 Eric Remington Biology Consulting—Mills Creek
2994 682.41 Roy's Repair Service Vehicle Repair and Maintenance
2995 180.00 *2 Santa Clara Valley Water District Permit
2996 601.21 Shannon Associates Administrative Services Manager
2997 239.78 Shell Oil Fuel
2998 4,875.82 John Shelton, Inc. Culverts
2999 47.40 Signs of the Times Signs
3000 266.44 Skyline County Water District Water Service
3001 172.62 Malcolm Smith Vehicle Expense
3002 235.43 Solano Press Resource Documents
3003 1,500.00 Lee Stetson 25th Anniversary Event Entertainment
3004 1,000.00 *3 Stewart Title of California, Inc. Deposit--Trefello Property
3005 279.29 Summit Uniforms Uniforms
3006 37,282.00 TKO Construction Road Repairs--Upper Purisima Creek
3007 2,000.00 U.S. Postal Service Postage
3008 47.20 University Art Center Planning Supplies
3009 840.00 Waring Construction Distel Circle Office Separation
3010 134.20 Michael Williams Vehicle Expense
3011 300.00 Roberta Wolfe Recording Services
3012R 514-54 L. Craig Britton Reim bursement--Conference Expense
3013R 41,432.58 Jens Hansen Company, Inc. Windy Hill Public Access Project
3014R 73.85 Kragen Vehicle Parts
3015R 150.00 Tom Lindsay Docent Training
3016R 114.42 Yardbird Equipment Sales Equipment Parts
3017R 255.52 Petty Cash Business Meeting Expense, Film and
Developing, Vehicle Expense, Nature
Center Supplies and Postage
*1 Urgent Check Issued September 30, 1997
*2 Urgent Check Issued September 29, 1997
*3 Urgent Check Issued September 29, 1997
Total 161,940.82
Page 2
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
October 28, 1997 Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directives)
No Response Necessary
Board of Directors, MROSD
3k30 Distel Circle
Los Altos, CA 94024-1404
Re : Request for Proposals, Operations Program Review
In as much as you are proceeding with the possibility of
annexing portions of San Mateo Counts coastal areas, in
contradiction to what I understood at the representatives
from that area, I have a suggestion.
Add to the subject a request for study and possible
implementation of what the addition of the coastal San Mateo
County to the district might entail . Included might be
additional personnel, vehicles, construction equipment,
communications, and other expenses that might be incurred .
A total cost estimate, and projected income from taxes they
might contribute (at the same level we taxpayers are now
contributing) would be of vital interest to the current
taxpayers of MROSD.
Incidentally, a similar survey might be advisable for NROSD
administration, if the RFP I received is typical of what was
sent out - the first section pages were punched and inserted
improperly.
Unfortunately I will miss the BOD meetings until the end of
the month as I will be out of town.
Happy Halloween.
Harry H. Haeussler, Jr.
1094 Highlands Circle
Los Altos, CA 94024-17016
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Regional Open ice
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DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry Haeussler, Jr.
1094 Highlands Circle
Los Altos, CA 94024-17016
Dear Harry:
Thank you for your October 28 letter regarding the District's research on coastal land
preservation. The Board of Directors reviewed your letter at its regular meeting last night.
I apologize if, at the last meeting you attended, the Board wasn't clear about the District's
objectives on this issue. The District is exploring possible methods to preserve open space land
on the San Mateo County coast. It appears that annexation of that area into the District is one of
the more viable options. In fact, if the District is to be significantly involved in coastal land
protection, annexation is likely the only avenue available to us. Therefore, possible expansion of
the District boundaries is a key element of our research.
At this time, the District is administering a public opinion survey of existing District
constituents, San Mateo County coastal residents, and residents of northern San Mateo County
(outside the District), to determine these groups' attitudes in regards to coastal preservation and
possible District expansion. The ad hoc committee looking into this issue will report back to the
Board on the results of this survey, and will recommend a course of action. If the Board decides
to take the next step toward possible annexation, then further in-depth study will be done to.
determine the potential revenues and expenses, and identify impacts to existing District activities
and programs.
Again, thank you for writing, and I hope that I have addressed your questions.
Sincerely,
Mary C. Davey, President
Board of Directors
MCD/mcs
cc: MROSD Board of Directors
T��W�.Z6t.o►•.�U�5.�1
Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
•'1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Regional Open ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-150
Meeting 96-34
November 12, 1997
AGENDA ITEM _ I
AGENDA ITEM
Annual Seasonal Trail Closures Information Report
GENERAL MANAGER'S RECOMMEM
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Review and comment on the proposed trail closures. No formal Board action is required.
DISCUSSION
At your August 24, 1988 meeting, you asked to be informed prior to any action that may be
taken regarding the closing of any trail to bicycle and/or equestrian use.
Attached is the November 3, 1997 memorandum and table from John Escobar, outlining this
year's trail closure recommendations. Additional closures for this year are three newly-
constructed trails and four trails which are especially vulnerable to wet weather impacts.
Trails that were closed in 1996 because of new construction and trail tread restoration will
remain open for 1997. These trails have received a full season of moisture to allow trail tread
consolidation for proper drainage and resistance to erosion.
Due to the potential effects of El Nino, it is expected that additional trails, beyond those listed,
may be closed if extremely severe weather is encountered. Trail closures may also be in effect
for longer time periods than in previous years. Staff will keep the Board informed about
weather related closures.
I intend to approve staff recommendations on trail closures, contingent upon your comments
and any public input at your November 12 meeting.
Prepared by:
Gordon Baillie, Operations Analyst
Contact person:
John Escobar, Operations Manager
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
MEMORANDUM
November 3, 1997
TO: Craig Britton, General Manager
FROM: John Escobar, Operations Manager
SUBJECT: Recommendation for Interim and Seasonal Trail Closures to Bicycle and
Equestrian Use
Each year you report to the Board on the trails you propose to close to equestrian and/or
bicycle use during wet conditions (approximately six months). Closures are designated as
seasonal and interim seasonal closures, and are based on concerns for trail safety and
resource damage during extremely wet conditions. In the past, interim closures have
identified trails closed because of trail safety concerns pending the adoption of the trail use
guidelines. Newly constructed trails with unconsolidated trail treads are also placed in the
seasonal closure category for the first winter season.
Although the Board has adopted Trail Use Policies and Guidelines, the permanent status of
trails now in the interim closure category will not be determined until trail use guidelines are
actually applied to specific trails through the use and management planning process. As in
past years, I recommend that these trails remain closed to bicycle and equestrian use.
Past closures and new closure recommendations are outlined on the attached chart. An
asterisk identifies the new closures.
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS November 5, 1997
(See definition of "Seasonal" and "Interim" below.)
Preserve Trail Bicyclists Equestrians Comments
1) Long Peters Creek Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates
Ridge closures during and immediately following heavy rainfall.
Ridge Trail - Chestnut Orchard Seasonal Seasonal Same conditions as above.
to Peters Creek Trail
2) El Corte Methuselah* Seasonal Seasonal New construction, steep and unstable trail tread, susceptible to
de erosion. Constructed to average 3 % foot width. This is a walk
Madera zone.
Sierra Morena* Interim Interim New construction, unstable trail tread, susceptible to erosion.
Constructed to average 4 foot width.
Virginia Mill* Seasonal Seasonal Stream crossing in highly erodible soils could negatively impact
riparian corridor and water quality.
3) Fremont Toyon Trail Seasonal Seasonal Tread can get very muddy during wet conditions.
Older
Cora Older* Interim Interim New construction, unstable trail tread susceptible to erosion.
Constructed to an average five foot width.
4) Monte Skid Road Trail to Canyon Trail Seasonal Seasonal The shaded canyon environment can prevent the tread from drying
Bello (Lower Nature Trail) through the winter season. Alternate route available.
White Oak Trail Seasonal Seasonal Tread can get very muddy during wet conditions. Staff anticipates
(Permit lot to Skid Road Trail) closures during and immediately following heavy rainfall.
* = New closures
SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern
over trail safety and potential resource damage, usually between the months of November and April.
INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of
Board-adopted trail use guidelines in the use and management review process.
Table - Page 1
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS November 5, 1997
(See definition of "Seasonal" and "Interim" below.)
Preserve Trail Bicyclists Equestrians Comments
5) Picchetti Zinfandel Trail Interim Interim Constructed to a four-foot average width. Permanent status
Ranch pending U&M process.
6) Pulgas Polly Geraci Trail Interim Interim Constructed to a three-foot average width. Permanent status
Ridge pending U&M review process.
Blue Oaks Trail Interim Interim Constructed to a four-foot average width. Permanent status
pending U&M review process.
7) Purisima Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly susceptible to damage.
Creek This trail is normally closed for the winter. Alternate route
Redwoods available.
Bald Knob Trail Interim Interim Permanent status pending U&M review process.
Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with poor line of sight and
some very steep side slopes. Majority of trail offers no room for
passing. Permanent status pending U&M review process. Alternate
route available.
* = New closures
SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern
over trail safety and potential resource damage, usually between the months of November and April.
INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of
Board-adopted trail use guidelines in the use and management review process.
Table - Page 2
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS November 5, 1997
(See definition of "Seasonal" and "Interim" below.)
Preserve Trail Bicyclists Equestrians Comments
8) Rancho Black Mountain Trail Interim Open Constructed to a four-foot average width with occasional pullouts.
San a) New Alignment Very steep grades remain on PG&E road sections of trail.
Antonio Permanent status pending U&M review process.
b) Farm Bypass/Coyote
Trail Interim Open Open to equestrian use in the spring of 1992, subject to adequate
compaction over winter. Permanent status pending U&M review
process.
9) Russian Ridge Trail (former Norton Interim Open Constructed to average five-foot width. Permanent status pending
Ridge property) U&M review process and purchase agreement restrictions.
10) Saratoga Saratoga Gap Trail * Seasonal Seasonal Highly erodible soil conditions. Trail provides access to Peters Creek
Gap trail, which is also seasonally closed to bicyclists and equestrians.
11) Skyline Horseshoe Lake area Interim Interim Constructed to a four-foot average width. Permanent status
Ridge trails pending U&M review process. Alternate routes available.
Ridge Trail south of Horseshoe Interim Interim Same conditions as above.
Ridge Trail - Alpine Pond to Interim Interim Same conditions as above.
Main Parking Area
* = New closures
SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern
over trail safety and potential resource damage, usually between the months of November and April.
INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of
Board-adopted trail use guidelines in the use and management review process.
Table - Page 3
PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS November 5, 1997
(See definition of "Seasonal" and "Interim" below.)
Preserve Trail Bicyclists Equestrians Comments
12) Windy Razorback Ridge Trail * Closed Seasonal Constructed to average three-foot width. Staff anticipates closures
Hill during and immediately following heavy rainfall. There has been
ongoing tread damage to this trail, due to use.
Lost Trail* Closed Seasonal Trail suffers severe impacts when wet. There is limited horse use
on the trail, but the use that is present can have a significant
impact.
Hamm's Gulch Trail* Closed Seasonal Same conditions as above.
* = New closures
SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern
over trail safety and potential resource damage, usually between the months of November and April.
INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of
Board-adopted trail use guidelines in the use and management review process.
Table - Page 4
Regional Open ,'. _ ice
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R-97-153 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-33
November 4, 1997
AGENDA ITEM 2
AGENDA ITEM
Approval of Proposed Road Easement and Water Right greerhi ,nts for Windy Hill Open Space
Preserve.
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GENERAL MANAGER'S RECOMMENDATIOT '
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing the Board President to execute the Road
Agreement and Water Agreement in substantially the same form as the attached
agreement.
DESCRIPTION(see attached man)
Windy Hill Open Space Preserve currently consists of 1,132 acres, about 550 acres of which were
acquired from Peninsula Open Space Trust (POST). The acquisitions left inholdings totaling
about 245 acres. In 1995 POST acquired the largest remaining inholding, a parcel of about 200
acres. There are, in addition, four smaller inholdings each developed with homes. In order to
recapture their investment POST has been pursuing a lot line adjustment to create a fifth
residential inholding of about twenty acres, accomplish a slight enlargement of one of the existing
residential inholdings, and transfer the balance of about 170 acres to the District on a mutually
agreeable basis.
POST and the four existing residential inholdings all have rights to use unspecified "existing
roads" across District land, as well as the right to install utilities and to take water from District
land. These rights are so poorly defined as to represent a significant risk of costly and burdensome
dispute between the parties. The proposed transaction involves two agreements that will better
define these rights and are important components in the District's acquisition of the remaining
POST parcel.
Lauriston Road is a surfaced driveway, about 2 miles long, providing access to the residential
inholdings. It is very curvy and crosses steep terrain. The slopes on which the road is built are
unstable and subject to sliding. Winter rains have, in the past, cut-off access to the parcels, and it
is anticipated that this will occur again in the future. Lauriston Road crosses the POST holding
and that of the inholders but is only partially on District land.
Old Ranch Road is a dirt surfaced roadway, about half a mile long extending to Skyline
Boulevard. It _ been maintained as a seasonal road and cannot be counted on in severe wet
Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz- General Manager:L.Craig Britton
R-97-153 Page 2
weather. Installation of some culverts will be necessary to keep the road available for emergency
access. A substantial portion of Old Ranch Road is on District land and the remainder is on the
POST parcel. If the lot line adjustment proceeds as planned one of the residential inholder parcels
(Sugano)will be enlarged to include an additional portion of Old Ranch Road.
USE AND MANAGEMENT PL AN
Planning,Considerations
The property is located within the District boundary and in the incorporated area of the Town of
Portola Valley. The agreement provides conditions for maintenance and improvements to roads
and utilities, including a process by which the District will review and approve specific
maintenance and improvement projects.
Preliminary Use and Management Plan Recommendations
The preliminary use and management plan will take effect upon the execution of the agreement
and remain effective until a Comprehensive Use and Management Plan is updated for the
preserve. Future land use decisions, including plans for increased public access, will follow
further environmental assessments to ensure land use decisions are consistent with ecological
values.
Public Access: Public use prohibited on Lauriston Road and Old Ranch Road where they cross
private lands; public trail between Alpine Road and Hamm's Gulch Trail to remain open.
Trail Use Designation: Equestrian and hiking will continue to be permitted on existing public trail
located between Alpine Road and Hamm's Gulch Trail.
Patrol: Regularly patrol Lauriston Road and Old Ranch Road through private lands to minimize
illegal public use of the road.
Roads: Cooperate with private property owners in their efforts to improve emergency access on
Old Ranch Road; provide timely review and approvals of proposed maintenance and improvement
projects on Lauriston Road and Old Ranch Road.
Signs: Install signs where appropriate to prohibit trail use on Lauriston Road and Old Ranch
Road where they cross private lands.
CFQA COMPLIANCE
Proiect Description
The project consists of an agreement between Midpeninsula Regional Open Space District and
private property owners adjacent to Windy Hill Open Space Preserve for the purpose of
redefining road and utility easements. The agreement restates existing rights and ensures that five
private property owners will have emergency access and potential well sites within specifically
defined locations on the preserve and lands of Peninsula Open Space Trust. In addition, the
agreement prohibits public use of the main driveway(Lauriston Road) and provides access to
R-97-153 Page 3
District employees and contractors for maintenance and patrol. The District will have the right to
review future improvements to roads and utilities. The agreement may lead to the acquisition of a
170-acre parcel of undeveloped land which would become an addition to the Windy Hill Open
Space Preserve.
CEQA Determination
The District concludes this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act)under Article 19,
Sections 15302, 15304, 15316, 15325 and 15061 of the CEQA Guidelines.
Section 15302 exempts the replacement or reconstruction of existing structures and facilities
where the new structure will be located on the same site as the structure replaced and will have
substantially the same purpose and capacity as the structure replaced. The agreement provides for
the installation of a well(s) in the vicinity of an existing well under the condition that the overall
water capacity will not be increased.
Section 15304 exempts minor public or private alterations in the condition of land, water, and/or
vegetation which do not involve removal of mature, scenic trees. The agreement allows for minor
drainage improvements to Old Ranch Road and District review of future proposed improvements
to Lauriston Road and Old Ranch Road to ensure projects have minimal impact on open space
lands.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition and the management plan proposes to keep the area in a natural condition.
The agreement is a precursor to the potential acquisition of a 170-acre parcel of undeveloped
land. If acquired, a management plan will be prepared and proposed land uses will be consistent
with the natural condition of the surrounding open space preserve.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
The agreement perfects the District's right to access Lauriston Road and Old Ranch Road for the
purposes of patrol and maintenance. In addition to the easement, the agreement is a precursor to
the potential transfer of ownership of a 170 acre parcel of undeveloped land to be preserved as
permanent open space.
This acquisition qualifies under all four sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may
have a significant effect on the environment.
TERMS
The Road and Utility Agreement
• Current rights of access across District land are vaguely defined as "the existing roads" but
there is little or no evidence as to what roads might have been intended by that language. This
agreement will remove that confusion by agreeing that Old Ranch Road and Lauriston Road are
those roads.
R-97-153 Page 4
• The District will need patrol and maintenance access on Lauriston Road if the District
acquires the POST holdings. This agreement exempts the District from contributing to the costs
of maintenance as long as the District uses reasonable efforts to deter the public from using the
road for trail purposes, except for two small sections where public trails go along or across
Lauriston Road.
• The residential owners anticipate making substantial improvements to Lauriston Road in
an effort to keep it open and provide quality access to the residences. The District will have the
right to review the improvement plans, to make recommendations for changes, and to withhold its
approval for work that conflicts with the open space qualities of the surrounding open space land.
• The residential owners would like to ensure that Old Ranch Road remains available for
emergency access to their properties if Lauriston Road should become unusable. Under this
agreement the residential owners have no obligation to maintain Old Ranch Road, but they may
do so at their own expense, and providing that the District may withhold approval if the proposed
work conflicts with the open space qualities of the surrounding open space land.
• Under the original easement rights it was unclear whether the easement holders could
relocate the roads in the event of complete failure. This agreement reduces the risk of dispute by
more specifically stating the terms and conditions of relocation. If one of the roads fails entirely
and it cannot be restored in its original location then, subject to District approval, the residential
owners may relocate the road.
• The agreement also resolves the rather cloudy and unspecific terms of the utility easements
granted to each of the parties in earlier documents. This agreement sets an initial goal of placing
utilities in or close to Lauriston Road but allows for different locations if the owner of the land on
which the utility is to be placed agrees. The consent for placement of a utility can be withheld if it
is a significant burden to the landowner.
• The agreement also provides for an equitable sharing of the normal maintenance costs and
a method of determining necessary work and collecting the funds to complete the projects. While
this dos not directly affect the District because we will be exempt from participation, the process
will be much improved and provide a system for District involvement and communication.
The Water Agreement
The Water Agreement defines and clarifies the rights of the residential owners to maintain current
water sources, and open new ones, on what is now, or may become District land. This agreement
specifies a base water amount and entitles each residential owner to seek additional sources of
water on District land only after first drilling at least one test well on private property. The area
on District land on which the parties may seek water is also limited by this agreement.
Additionally each of the residential owners is committed to identifying and recording by survey
the locations on District land from which they are taking water.
The District is not committing to any direct significant expenditures under either agreement.
R-97-153 Page 5
SUMMARY
The Road and Utility Agreement and the Water Agreement will be a significant improvement over
the existing vaguely worded rights and obligations affecting Windy Hill Open Space Preserve. It
will relieve the District of the risk of some future landowner opening a road and claiming that it
was an "existing road" under the original grant of easement. The agreements will assure that the
District receives adequate notice and opportunity for involvement in future maintenance and
improvements of the roads, utilities, and water systems. Under the agreement the District is
relieved of the potentially significant costs of contributing to the cost of keeping Lauriston Road
in a condition suitable to serve the five residential inholdings. In exchange the residential owners
receive assurances that the District will not arbitrarily and unreasonably deny proposals for
modifications to the roads, utilities, and water systems.
The terms of the agreement are substantially those in the copy of the agreement attached to this
report. The agreement is not yet in a final form as there may be minor revisions, such as the
addition of exhibits and minor language changes. It is therefore proposed that the Board
authorize the President of the Board of Directors to execute the final form of the agreements in
substantially the same form and contents as that attached hereto, and as approved by District
Legal Counsel and General Manager.
PI TRI IC NOTIFICATION
Property owners of lands located adjacent to and surrounding the roads and easements that are
the subject of these agreements have been mailed written notices of this proposed acquisition.
Prepared by:
Diane Blackman, Research Attorney
Del Woods, Senior Open Space Planner
Contact person:
Diane Blackman, Research Attorney
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF ROAD AND UTILITY
AGREEMENT AND WATER AGREEMENT, AUTHORIZING
THE BOARD PRESIDENT TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(WINDY HILL-LANDS OF POST ET AL.)
The Board of Directors of the M[idpeninsula Regional Open Space District does
resolve as follows:
Section One. The Board of Directors of the M[idpeninsula Regional Open Space District
does hereby authorize the President of the Board of Directors to execute the Road and Utility
Agreement between the Peninsula Open Space Trust, et al. and the M[idpeninsula Regional Open
Space District, in such form as is approved by District Legal Counsel and District General
Manager, substantially similar to the copies which are attached hereto and by reference made a
part hereof
Section Two. The President of the Board of Directors or other appropriate officer is
authorized to execute Certificates of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate
notice of acceptance to the parties. The General Manager further is authorized to execute any
and all other documents necessary or appropriate to the closing of the transaction.
WINDY HILL OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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EXHIBIT A: PROPOSED ROAD EASEMENT AND WATER RIGHTS AGREEMENT whl.ai 11/07197
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
One Mile
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RECORDED AT THE REQUEST OF:
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, CA 94022
NO DOCUMENTARY TRANSFER TAX DUE
By:
On behalf of Midpeninsula Open Space District
ROAD & UTILITY EASEMENT AGREEMENT
THIS ROAD &UTILITY EASEMENT AGREEMENT("Agreement") is made as of the
date last set forth below by and among the following parties: Norio Sugano, Trustee of the Norio
Sugano 1996 Trust, dated October 10, 1996, Dale R. Pfau and Cathryn S. Gawne, husband and wife,
as joint tenants, Thomas B. Okarma and Mary E. Okarma, husband and wife, as joint tenants, Alyson
R. Goudy, Trustee under Trust Agreement, U/T/A dated October 3, 1988, Donald Kirk McKinney
and Rebecca McDaniel McKinney, Trustees of The McKinney Family Trust, U/D/T dated June 2,
1986, the Peninsula Open Space Trust, a California nonprofit public benefit corporation("POST"),
and the Midpeninsula Regional Open Space District, a California government agency("MROSD").
RECITALS
A. Sugano, Pfau/Gawne, Okarma, Goudy and POST are the fee interest owners of those
certain parcels of residential real property located in the Town of Portola Valley, County of San
Mateo, State of California, which are depicted on the attached map labeled Exhibit_A and more
particularly described on attached Exhibits B-1 through B-5, inclusive(herein the "Residential
Parcels"). POST is concurrently herewith conveying all of its right, title and interest in the
Residential Parcel described on Exhibit B-5 to McKinney.
B. POST and MROSD are the fee interest owners of those certain parcels of open space
real property located in the Town of Portola Valley, County of San Mateo, State of California, which
are depicted on the attached map labeled Exhibit_A and more particularly described on attached
Exhibits C-1 and C-2 (herein the "Open Space Parcels").
C. POST intends to convey its Open Space Parcel described on attached Exhibit C-1 to
MROSD.
D. A road, commonly known as Lauriston Road, traverses the Open Space Parcels and
the Residential Parcels from Alpine Road to the point that Lauriston Road intersects an eastern
boundary of the Sugano Property, to provide ingress and egress from said Open Space Parcels and
the Residential Parcels to Alpine Road. A road, commonly known as Old Ranch Road, traverses
DSSAAUXT[U.F,S8
certain Parcels from the western extent of Lauriston Road to Skyline Boulevard. Said roads(herein
"Lauriston Road" and "Old Ranch Road," respectively) are depicted on the attached map labeled
Exhibit A and more particularly described on attached Exhibits D-1 and D-2, respectively.
E. Each Owner desires to enter into this Agreement to provide for the following:
1. A clearer description of their respective right, title and interest in and to
Lauriston Road and Old Ranch Road;
2. To ensure that, subject to the limited exceptions herein set forth, Lauriston
Road will be a private road;
3. The proper and orderly management, repair and maintenance of Lauriston
Road;
4. A method for the sharing and collection of the cost of managing, repairing and
maintaining Lauriston Road;
5. Creation of a utility easement, running along the boundary of Lauriston Road,
for the purpose of permitting the installation and provision of underground
utility services of all types to the Residential Parcels; and
6. Clarification of certain vague language concerning ingress and egress rights
over the Open Space Parcels contained in an earlier deed in the chain of title
for various Parcels,which language, and the deed reference in which it is
contained, are more particularly set forth in attached Exhibit G.
AGREEMENT
NOW, TFIEREFORE, for good and valuable consideration, the adequacy of which is hereby
acknowledged, the Owners agree as follows:
1. Definitions.
A. GoudX is Alyson R- Goudy, Trustee under Trust Agreement, U/T/A dated October 3,
1988.
B. Lauriston Road is defined in Recital D and described in Exhibit D-1.
C. Lauriston Road Maintenance and Rem is defined in Section 5.A of this Agreement.
-2-
D. MAjorily of the Owners means the affirmative written vote of the owner(s) of record
of the fee title interest in a minimum of 80% of the Residential Parcels in accordance with the voting
procedures described in Section 11 of this Agreement.
E. McKi=is Donald Kirk McKinney and Rebecca McDaniel McKinney, Trustees of
The McKinney Family Trust, U/D/T dated June 2, 1986.
F. MROSD is the Midpeninsula Regional Open Space District, a California government
agency.
G. MROSD Approval or Approved by MROSD, in the context of matters specified in
this Agreement as requiring MROSD Approval, means obtaining the prior written approval of
MROSD, which approval or disapproval shall not be unreasonably withheld or delayed. If MROSD
does not deliver a written notice withholding its approval (including an explanation of the grounds
for its disapproval and what changes, if any, that could be made to the request to make it acceptable
to MROSD), to the address for a response specified in the request for its approval, on or before the
twenty-first (21 st) day following delivery to MROSD of the written request for its approval(unless a
shorter time is specified in this Agreement as to a particular matter), then such MROSD approval
shall be deemed given.
H. Okarrna is collectively Thomas B. Okarma and Mary E. Okarma, husband and wife,
as joint tenants.
I. Old Ranch Road is defined in Recital D.
I Open Space Ingress and Egress means ingress and egress to, through and from the
Open Space Parcels and other portions of the Windy Hill Open Space Preserve by members of the
general public for recreational purposes by the modes of conveyance (e.g., pedestrian, equestrian,
etc.) permitted by the rules and regulations promulgated by MROSD from time to time for use of
said lands, provided however that, except for wheel chairs and similar aids to the disabled, in no
event shall such permitted modes of conveyance include ingress or egress by car, motorcycle or other
motorized means.
K. Open Space Parcel or Parcels is defined in Recital B.
L. Overburdenin¢is an overburdening of the easements herein granted. With respect to
the easements in Lauriston Road and/or Old Ranch Road created for the benefit of a Residential
Parcel, "overburdening" includes, without limitation, (i)the use of Lauriston Road and/or Old Ranch
Road for any commercial purpose(other than ingress and egress to a Residential Parcel, at the
invitation of the Owner thereof, by a residential goods or service provider using a road to provide
goods and services to the Residential Parcel in a manner consistent with the ordinary use of the
Residential Parcel solely for residential purposes); (ii)the use by the general public of Lauriston
DSSA-ARDUM-ESS -3-
Road or any portion of Old Ranch Road (other than as expressly permitted by Section 3 of this
Agreement); (iii) ingress to or egress from more than one residence on any Residential Parcel
(which residence, for the purpose hereof, may include all of the structures and utilities currently
located on each Residential Parcel and any replacement single-family residence(s) and auxiliary and
support structure(s) and utilities therefor which are legally permitted to be constructed on each
Residential Parcel); and/or(iv) any other use of the easements in Lauriston Road and/or Old Ranch
Road granted for the benefit of the Residential Parcels in a manner inconsistent with the terms and
stated intentions of this Agreement.
With respect to the easements in Lauriston Road and/or Old Ranch Road created for
the benefit of the Open Space Parcels, "overburdening" includes, without limitation, (a)the use of
Lauriston Road and/or Old Ranch Road by members of the general public(except as expressly
permitted by Section 3 of this Agreement); (b)the use of Lauriston Road for any commercial
purpose; and/or(c) except to the extent expressly permitted by an agreement for the sharing of Road
Expenses established pursuant to Section 6.D(4), below, any use of the easements in Lauriston Road
and/or Old Ranch Road granted for the benefit of MROSD and POST in a manner inconsistent with
the open space purposes of the Open Space Parcels.
M. Owners are the fee title owner(s) of the Residential Parcels and the Open Space
Parcels at the time in question.
N. Parcels are the Residential Parcels and the Open Space Parcels and Parcel is any one
of the Residential Parcels or the Open Space Parcels.
O. Parcel's Share is defined in Section 6.D of this Agreement.
P. Pfau/Gawne is collectively Dale R. Pfau and Cathryn S. Gawne, husband and wife, as
joint tenants.
Q. POST is the Peninsula Open Space Trust, a California nonprofit public benefit
corporation.
R. Residential Parcel or Parcels is defined in Recital A.
S. Residential Parcel Owners are the fee title owner(s) of the Residential Parcels at the
time in question.
T. Road Expenses means all of the compensation(including, without limitation,
reimbursements) required to be paid to the Road Manager and any and all liability, expense and
other claims arising out of Lauriston Road Maintenance and Repairs(including without limitation,
liability for personal injury and property damage arising out of Lauriston Road Maintenance and
MSA.\PJXn ...Es8 -4-
ti
Repairs pursuant to this Agreement) and/or arising out of any repair or maintenance of Old Ranch
Road approved in writing by a Majority of the Owners pursuant to Section 5.B of this Agreement.
U. Road Manager is defined in Section 6.A of this Agreement.
V. Road Trust Account is defined in Section 6.E of this Agreement.
W. Sugano is Norio Sugano, Trustee of the Norio Sugano 1996 Trust, dated October 10,
1996.
X. Utility Easement is defined in Section 7.A of this Agreement.
2. Reaffirmation of Roadway Easement for Benefit of Residential Parcel. Subject to the
terms, conditions, provisions and restrictions set forth in this Agreement, each of the Owners of the
Parcels hereby acknowledges that there has been previously granted, and hereby again grants, to
each of the Residential Parcel Owners, nonexclusive and mutual easements over that portion of
Lauriston Road and Old Ranch Road lying within the boundaries of said granting Owner's Parcel, for
the purpose of ingress and egress by all means, vehicular, pedestrian, equestrian and otherwise, to
and from each of the Residential Parcels to the public thoroughfares of Alpine Road and Skyline
Boulevard by the owners, occupants, and tenants of said Residential Parcels and by their residential
purposes invitees. The Owners acknowledge that each of them currently holds right(s) of ingress
and egress along Lauriston Road and Old Ranch Road. Nothing herein is intended to terminate such
ingress and egress rights, but, rather, this Agreement is intended to describe and define the full extent
of such existing ingress and egress rights and to provide for the use and maintenance of such rights
of way. Certain water, spring, and similar rights(apart from rights of egress and ingress) have also
been granted to the Owners of the Parcels and their successors and assigns pursuant to various
grants contained in grant deeds in the chains of title to the Parcels. Except as expressly provided in
Section 10 of this Agreement, nothing in this Agreement shall in any way modify, terminate, or
otherwise effect such rights.
3. Grant of Roadway Easements in Lauriston Road and Old Ranch Road for the Benefit
of the Open Space Parcels. Subject to the terms, conditions, provisions and restrictions set forth in
this Agreement, each of the Owners of the Parcels also hereby acknowledges that there has been
previously granted, and hereby again grants, to the Owners of the Open Space Parcels, nonexclusive
and mutual easements over that portion of Lauriston Road and Old Ranch Road lying within the
boundaries of said granting Owner's Parcel, but only for the following limited purposes:
A. Ingress and egress to and from the Open Space Parcels to the public thoroughfares of
Alpine Road and Skyline Boulevard by MROSD employees, officers, officials, agents,
representatives, consultants, invitees conducting business with MROSD and independent contractors
for the purpose of security, maintenance, construction, inspection, repair, safety and patrol of the
Windy Hill Open Space Preserve owned by MROSD (of which the Open Space Parcels are an
15ssn:\xncrrJ1-FM -5-
integral part). In no event shall the foregoing be construed to permit ingress and egress by members
of the general public.
B. Subject to Section 4.0 of this Agreement, Open Space Ingress and Egress, but only
Open Space Ingress and Egress (as herein defined), by the general public to and from the Windy Hill
Open Space Preserve owned by MROSD along (but only along)that certain 200-foot length of
Lauriston Road commencing at the intersection of Lauriston Road and Alpine Road and ending 200
feet beyond said intersection.
C. Subject to Section 4.0 of this Agreement, Open Space Ingress and Egress, but only
Open Space Ingress and Egress(as herein defined), by the general public to and from the Windy Hill
Open Space Preserve owned by MROSD but only across those portions of Lauriston Road bisected
by the public trail crossings more particularly described in attached Exhibit E.
D. Notwithstanding any provisions to the contrary in this Agreement, MROSD and
POST retain all rights as fee owners to Old Ranch Road, including the right to invite members of the
general public to use Old Ranch Road on a non-exclusive basis with the Owners; provided, however,
that MROSD and POST shall fully cooperate with the other Owners for the purpose that the general
public's use of Old Ranch Road does not extend to any portion of Lauriston Road. MROSD shall
not grant easements in Lauriston Road and/or Old Ranch Road which are likely to result in any use
of Lauriston Road or Old Ranch Road which is inconsistent with the terms and intentions of this
Agreement.
4. Use of Easements.
A. Existing Access Ri ts. POST. MROSD, and the other Owners acknowledge that
POST and MROSD each currently holds certain right(s) of ingress and egress along the entire length
of Lauriston Road, Old Ranch Road, and along other routes on the Parcels; and that POST and
MROSD each contend, but the other Owners deny, that such rights may be exercised by the general
public. POST and MROSD hereby agree that Lauriston Road and Old Ranch shall be used only as
permitted by Section 3 of this Agreement. They further agree that all other ingress and egress rights
appurtenant to the Open Space Parcels over and in Lauriston Road are hereby terminated and may
no longer be exercised.
B. Public Access. In no event shall (i) any Residential Parcel Owner cause or encourage
any member of the general public to use Lauriston Road and/or Old Ranch Road for ingress or
egress to or from any of the Residential or Open Space Parcels or the Windy Hill Open Space
Preserve, except as expressly contemplated in Section 3 of this Agreement, nor(ii)POST or
MROSD cause or encourage any member of the general public to use any portion of Lauriston Road
or Old Ranch Road, except as expressly contemplated by Section 3 of this Agreement. POST and
MROSD shall fully cooperate with the other Owners and shall discourage the general public from
using Lauriston Road and Old Ranch Road for any purposes, except as expressly contemplated by
DSSA\RDiTM-Ess -6-
Section 3 of this Agreement. Notwithstanding anything to the contrary herein, Lauriston Road will
not be shown as a public road, an official public trail, or any other open space preserve ingress or
egress on any newsletter, brochure or other public mailing published by POST or MROSD.
MROSD will develop a signing program, install appropriate signs and patrol Lauriston Road and Old
Ranch Road in such reasonable manner as MROSD deems necessary and appropriate for the purpose
of obtaining compliance by the general public with MROSD ordinances and the terms and conditions
of this Agreement. Except as expressly provided in Section 3 of this Agreement,POST and
MROSD intend that (i)this Agreement will eliminate all rights of the general public to use Lauriston
Road or Old Ranch Road; and (4) all ingress and egress rights held by POST and MROSD, as the
owners of the Open Space Parcels, in Lauriston Road and Old Ranch Road, are merged into the
easements granted by this Agreement.
C. Overburdening. No Owner shall Overburden, nor cause or encourage another, to
Overburden any of the easements created by this Agreement.
D. Limitation. No Owner may grant easements in Lauriston Road or Old Ranch Road
to persons who are not the owners of the Parcels, nor permit persons other than their occupants,
tenants, employees, contractors, and invitees to use their easement rights in Lauriston Road and/or
Old Ranch Road, except as expressly permitted by this Agreement. Except as otherwise required by
law, no Owner shall use, or cause or encourage others to use, Lauriston Road or Old Ranch Road
for other than the purposes expressly described in this Agreement.
5. Road Maintenance and Repairs.
A. Lauriston Road. The Residential Parcel Owners agree to maintain Lauriston Road in
a good, safe condition and repair as provided in this Agreement. The maintenance and repairs to be
undertaken and performed to Lauriston Road under this Agreement will include the following:
paving, pothole repair, culvert clearing and replacement, drainage ditch cleaning and repair, regular
Alpine road gate maintenance and power, signage, speed controls as appropriate to the safe use of
Lauriston Road, debris clearing, pruning and clearing of brush, trees and clearing landslides, and such
other actions as are reasonably necessary to keep Lauriston Road in a good, safe condition and repair
(collectively, "Lauriston Road Maintenance and Repairs"). All work for Lauriston Road
Maintenance and Repairs shall be performed by licensed contractors in a workman like manner, in
accordance with plans and specifications approved by a Majority of the Owners, and in compliance
with all applicable laws, rules, regulations, building codes, and ordinances. Such work shall
incorporate materials equivalent to the original and shall be commenced only after(i) obtaining all
permits and governmental approvals required for commencement and completion of the work;
(ii) obtaining MROSD Approval with respect to (a) any work(other than routine maintenance and
repairs)which has the potential to cause any adverse physical or aesthetic impact on surrounding
open space land caused by work occurring on any portion of the Open Space Parcels, and(b)the use
of any materials substantially different from those previously used for Lauriston Road Maintenance
and Repairs. All work affecting the structural integrity of Lauriston Road shall be performed
nssn:\FJXrru,.Esa -7-
pursuant to plans approved by a licensed structural engineer, experienced in such matters.
Notwithstanding the foregoing, if Lauriston Road becomes unpassable due to causes beyond the
reasonable control of the Road Manager, the Road Manager shall have the right to undertake the
Lauriston Road Maintenance and Repairs and such other actions as may be required to provide
emergency and temporary ingress and egress from and to the Residential Parcels via Alpine Road
after notice to, but without the necessity of obtaining MROSD Approval, subject to the following
conditions: (i) prior to beginning such work, the Road Manager shall provide MROSD, with at least
24 hours notice during the work week and 48 hours notice otherwise, of the nature of the work,
(ii) such work shall be approved by a Majority of the Owners of the Residential Parcels and limited
to the minimum amount of work necessary to provide such emergency ingress and egress and to the
extent feasible will be performed within(or as close as reasonably possible to) the existing road bed,
and (iii) as soon as reasonably possible thereafter the Road Manager shall develop a plan for
permanent Lauriston Road Maintenance and Repairs for MROSD Approval as required and with
respect to the matters described in Section 5.A, above.
If MROSD determines that the condition of those portions of Lauriston Road (i)
which may be used for Open Space Ingress and Egress pursuant to Sections 33 or C, above, or(ii)
which are within 100 feet on each side of said portions of Lauriston Road which may be used for
Open Space Ingress and Egress, is unsafe MROSD may, in its sole discretion, notify the Road
Manager of the unsafe condition and demand a cure. If, within 45 days of such notice, the Road
Manager, on behalf of the Residential Parcel Owners, does not commit to MROSD in writing that
the Residential Parcel Owners will forthwith cure such unsafe condition as part of their Lauriston
Road Maintenance and Repairs, then MROSD, in its sole discretion, may undertake to cure the
unsafe condition; and, if the unsafe condition results from the failure of the Road Manager to
complete Lauriston Road Maintenance and Repairs on behalf of the Residential Parcel Owners as
required in this Agreement, then the Residential Parcel Owners shall be liable to the District for the
cost reasonably incurred by MROSD to complete such cure.
MROSD shall have no obligation to maintain Lauriston Road for the benefit of the
Residential Parcel Owners, but may repair those portions of Lauriston Road(i)which may be used
for Open Space Ingress and Egress pursuant to Sections 3.B or C, above, or(ii)which are within
100 feet on each side of said portions of Lauriston Road which may be used for Open Space Ingress
and Egress, as may be required for the operation by MROSD of the Windy Hill Open Space Preserve
and the exercise of the rights granted in Sections 33 and C of this Agreement, as determined by
MROSD in its sole discretion; provided(i)in performing such work, MROSD minimizes to the
extent reasonably possible any interference with the use of Lauriston Road by the Residential Parcel
Owners and their employees, guests, and invitees; and (ii)when MROSD's repairs are completed,
there shall be no impediment to the full use of Lauriston Road in accordance with this Agreement by
the Residential Parcel Owners and their employees, guests and invitees. Except as provided in the
last sentence of the immediately preceding subparagraph, the Residential Parcel Owners shall not be
liable for any costs of maintenance or repairs undertaken by MROSD.
DSSA:\RDLrM.ES8 -8-
ti
B. Old Ranch Road. MROSD shall have no obligation to maintain Old Ranch Road for
the benefit of the Residential Parcel Owners and may maintain and improve Old Ranch Road to such
level of maintenance as may be required for the operation by MROSD of the Windy Hill Open Space
Preserve, as determined by MROSD in its sole discretion. MROSD shall pay all cost incurred by
MROSD in conducting such maintenance and improvements; and the Residential Parcel Owners shall
have no obligation to reimburse MROSD for such costs. However, one or more of the Residential
Parcel Owners, with the consent of a Majority of the Owners of the Residential Parcels, may from
time to time undertake and thereafter diligently complete such additional maintenance and
improvements of the Old Ranch Road(over and above the level of maintenance required by
MROSD) as a Majority of the Owners of the Residential Parcels shall be deemed to be required,
provided (i) such maintenance or improvement requested by the Majority of the Owners is
reasonably required to provide the ingress and egress rights granted in Section 2 of this Agreement;
(ii)the requested work minimizes to the extent reasonably feasible the physical and aesthetic impact
of the road on the surrounding open space lands, uses surfacing materials which are compatible with
the materials used at other areas of Old Ranch Road, is otherwise compatible with the surroundings
and is otherwise Approved by MROSD; and (iii) prior to the commencement of the work, the
Residential Parcel Owners who will be doing the work provide MROSD with their contractors
estimate of the cost of the work and such assurances as the MROSD may reasonably request to
insure that the cost of all such additional maintenance or improvements will be paid by the
Residential Parcel Owners as the work progresses. In this regard MROSD hereby agrees that the
Residential Parcel Owners, as a Road Expense, may install culverts at the locations along Old Ranch
Road specified in Exhibit. to this Agreement. All costs incurred to complete the maintenance and
improvements requested by a Majority of the Owners (including, without limitation, installation of
the culverts) shall be paid for by the Residential Parcel Owners as a Road Expense in accordance
with the procedures established in Section 6 of this Agreement. Notwithstanding the foregoing,
MROSD may elect to perform any maintenance or improvement work to Old Ranch Road which the
Majority of the Owners of the Residential Parcels may decide to perform pursuant to the foregoing,
by notifying said Residential Parcel Owners that it will perform such work at the time it approves the
work. In such event, the Residential Parcel Owners shall continue to be liable to pay the cost of the
work reasonably estimated by their consultant as aforesaid in accordance with the allocation
provisions of this Agreement and, as assurance of such payment, the Residential Parcel Owners shall
deposit with MROSD fifty percent(50%) of such cost prior to commencement of the work. Any
cost of the work in excess of the Residential Parcel Owner's consultant's estimate shall be paid by
MROSD, if MROSD elects to perform the work.
6. Road Maintenance and Repair Management.
A. Appointment of Road Manager. All Lauriston Road Maintenance and Repairs shall
be undertaken by a manager("Road Manager")who shall be appointed by a Majority of the Owners
for a term not to exceed one year, unless reappointed. Subject to the necessity of obtaining the
consent of a Majority of the Owners, it is intended the responsibilities of the Road Manager shall
rotate between the Residential Parcel Owners, unless the Residential Parcel Owners are able to hire
DSSAAMU TU-ESS -9-
an independent third party Road Manager. The Road Manager is designated as the agent of the
Residential Parcel Owners for the purposes authorized under this Agreement. The Residential Parcel
Owners hereby appoint Dr. Thomas Okarma as the initial Road Manager for a term expiring on
December 31, 1999, unless reappointed.
B. Right to Contract. The Road Manager, as the agent of the Residential Parcel
Owners, may contract on behalf of said Residential Parcel Owners for any Lauriston Road
Maintenance and Repair work and services authorized by this Agreement; provided, however, that
the Road Manager shall not enter into any contract or contracts requiring total payments in excess of
Five Thousand Dollars ($5,000)per contract or Twenty Thousand Dollars ($20,000) in the
aggregate annually, without the written consent of a Majority of the Owners. The amounts specified
in this Section shall be adjusted proportionally to the change in the Consumer Price Index for the San
Francisco Bay Area published by the Department of Labor(or a reasonably equivalent substitute
index, if the Consumer Price Index is no longer published) as of January 1, 2000 and on the first day
of every third year thereafter.
C. Compensation of the Road Manager. If the Road Manager is not a Residential Parcel
Owner, the Residential Parcel Owners shall pay the Road Manager a fee for the services to be
rendered by the Road Manager in accordance with the terms of this Agreement at the times and in
the amounts approved by a Majority of the Owners. The Road Manager will be reimbursed for
legitimate costs and expenses incurred to fulfill his/her duties; provided, however, that any such
reimbursements in excess of One Thousand Dollars($1,000.00) annually shall be approved in writing
by a Majority of the Owners. The amount specified in this Section shall be adjusted proportionally to
the change in the Consumer Price Index for the San Francisco Bay Area published by the Department
of Labor(or a reasonably equivalent substitute index, if the Consumer Price Index is no longer
published) as of January 1, 2000 and on the first day of every third year thereafter.
D. Apportionment of Road Expenses. Each Residential Parcel Owner hereby covenants
and agrees to pay all Road Expenses incurred in connection with Lauriston Road Maintenance and
Repairs performed in accordance with this Agreement in accordance with the procedures for
payment set forth in this Agreement and the following formula for the sharing of Road Expenses:
(1) Immediately after execution of this Agreement, but not later than December 1,
1998, the Road Manager shall undertake and complete such Lauriston Road Maintenance
and Repairs as are needed, in the view of the Majority of the Owners to bring Lauriston Road
into a state of good condition and repair. Twenty percent (20%) of the Road Expenses
incurred to conduct such initial Lauriston Road Maintenance and Repairs shall be assigned to
each Residential Parcel and paid by the Owner(s)thereof, provided, however, that the
maximum amount that will be assigned to a Residential Parcel without the written consent of
all fee title Owners thereof shall be limited to Fifty Thousand Dollars ($50,000.00). Any
Lauriston Road Expenses incurred after December 1, 1998 shall be subject to proration and
nssA-ARDunL.Ess -10-
payment by and between the Residential Parcel Owners, as provided in subpart (2) of this
Section.
(2) Except as provided in subpart (1)above, Road Expenses arising out of any
Lauriston Road Maintenance and Repairs shall be paid by the Residential Parcel Owner(s) as
follows:
Liable Party Distance to Percentage
Alpine Road
Owner(s) of Parcel described on Exhibit B-1 (Sugano) 2.30 miles 26%
Owner(s) of Parcel described on Exhibit B-2 (Pfau/Gawne) 1.92 miles
22 %
Owner(s) of Parcel described on Exhibit B-3 (Okarma) 1.88 miles 21 %
Owner(s) of Parcel described on Exhibit B-4 (Goudy) 1.80 miles 20%
Owner(s) of Parcel described on Exhibit B-5 (McKinney) 0.95 miles 11 %
Totals 8.85 miles 100%
(3) Road Expenses arising out of any maintenance and repairs to Old Ranch
Road, which a Majority of the Owners of the Residential Parcels shall decide to undertake,
shall be paid by the Residential Parcel Owners as follows: The Owner(s) of each Residential
Parcel shall bear twenty(20%) of such Old Ranch Road Expenses.
(4) Subject to the second sentence of the next succeeding paragraph of this
subsection Section 6.D(4), the Owners of the Open Space Parcels shall have no liability for
Road Expenses incurred with respect to Lauriston Road and Old Ranch Road, so long as the
easements in Lauriston Road and/or Old Ranch Road granted herein are used solely in a
manner consistent with Section 3. Notwithstanding the foregoing, if said easements granted
to the Open Space Parcels are used in any manner, the Owners of the Open Space Parcels
shall pay an equitable share of the Road Expenses as determined by the agreement of said
Owner and a Majority of the Owners of the Residential Parcels and, if they cannot agree, then
by an arbitration conducted in accordance with the rules of the American Arbitration
Association.
The share of Road Expenses attributable to each Parcel pursuant to the foregoing is herein referred
to as the "Parcel's Share" of Road Expenses. Notwithstanding the foregoing, to the extent any Road
Expense is incurred as a consequence of the Overburdening of Lauriston Road, the violation of this
nssaARDcrru MS -1 1-
Agreement, or any active negligence or willful misconduct of any Owner, or its agents, employees,
lessees, contractors, or invitees, then the Owner(s) of the Parcel(s) responsible for such
Overburdening, violations, negligence or willful misconduct shall jointly and severally bear one-
hundred percent (100%) of such Road Expense attributable to the improper conduct.
Further notwithstanding the foregoing, in the event that any of the Residential Parcels should
ever be subdivided or if more than one residence should be constructed on any Residential Parcel,
then the Parcel's Shares described above shall be adjusted to assess a Parcel's Share to the subdivided
lot or an additional Parcel's Share to the Residential Lot with an additional residence as follows: (1)
The distance from the intersection of Lauriston Road and Alpine Road to the first intersection of
Lauriston Road and the Residential Parcel (or the subdivided portions thereof in question in the
event of a subdivision) shall be determined to the nearest 1/10 of a mile. Said distances are specified
above for each of the original Residential Parcels. (2) Said mileage(s) to the Residential Parcel (or
subdivided portions thereof) in question shall be added to the "Total" mileage described above(or
any redetermined total mileage calculated pursuant to this provision)to determine a new "Total"
mileage amount. (3) The Parcel's Shares for all Residential Parcels shall then be redetermined as
follows: (i) the Parcel's Share for each unaffected Residential Parcel by dividing the mileage
specified above for each unaffected Residential Parcel (of the mileage previously assigned to such
Residential Parcel under the terms of this provision because of any previous subdivision or additional
residence)by the new Total mileage determined pursuant to subpart (2) of this provision; (ii) if the
recalculation is precipitated by a subdivision, then each of the subdivided portions of the subdivided
Residential Parcel shall be assigned a separate "Parcel's Share," which shall be calculated by dividing
the mileages to each of the subdivided portions of said Residential Parcel determined pursuant to
subpart (1) of this provision by the new Total Mileage determined pursuant to subpart(2) of this
provision; and (iii) if the recalculation is precipitated by an additional residence on a Residential
Parcel, then the Parcel's Share for such residence shall be increased by multiplying the mileage to said
parcel by the number of residences thereon and dividing the result by the Total Mileage determined
pursuant to subpart(2) of this provision. After any such recalculation the aggregate of all Parcel's
Shares shall be one hundred percent(100%).
E. Trust Fund for Road Expenses. All Road Expenses collected by the Road Manager
shall be deposited into an interest-bearing trust account(the "Road Trust Account")with a
responsible financial institution, in the name of the "Lauriston Road Maintenance Fund" pursuant to
this Road &Utility Easement Agreement, dated Linsert date of this Agreement} . Such funds
shall be used solely for the payment of Road Expenses as provided in this Agreement and may be
withdrawn by the Road Manager or by any other Residential Parcel Owner designated in a writing
delivered to the financial institution as a permitted signatory on the account.
F. Time and Method for Contribution of Road Expenses. Concurrently herewith the
Residential Parcel Owners have paid to the Road Manager, as a deposit on account of future Road
Expenses, the following:
DSSA.\RDLrnL.Ess -12-
Deposit on Account of Initial Road Maintenance&Repair Expenses $ 46,000
Deposit on Account of Routine Road Maintenance&Repair Expenses
(such as debris removal, patching, clearing, accounting and similar
recurring expenses) 4,000
Total Deposit
When from time to time the Road Manager determines that additional deposits on account of Road
Expenses are required to permit the Road Manager to discharge his/her duties under this Agreement,
then each of the Residential Parcel Owners responsible for such Road Expenses shall deposit in trust
with the Road Manager, without offset or counterclaim of any type, the respective share of the Road
Expense deposit requested by the Road Manager with respect to its Residential Parcel on or before
the twenty-first(21 st) day of delivery of the Road Manager's written request for such deposit. If any
demand by the Road Manager for payment or deposit of Road Expenses in accordance with this
Agreement is not paid on or before the twenty-first(21 st) day following delivery of a request for
such payment or deposit in accordance with this Agreement, then the non-paying Residential Parcel
Owner(s) shall be deemed in breach of this Agreement. If the amount on deposit, after completion of
the initial Road Maintenance and Repair and payment of all of the Road Expenses in connection
therewith, exceeds Thirty Thousand Dollars ($30,000), then the Road Manager shall refund to the
Residential Parcel Owners the excess in proportion to their initial funding of said deposit.
G. Budgeting;Annual Statement; and Other Records. On or before July 1 st of each
calendar year, the Road Manager shall deliver to each Residential Parcel Owner an annual Road
Maintenance and Repair statement consisting of the following: (i)the balance of the Road Trust
Account as of the date of the last bank statement for the account, (ii) an itemization of all
withdrawals from the Road Trust Account during the preceding year, (iii) an itemization of all
deposits into the Road Trust Account during the prior year, (iv) an estimate of the Road Expenses
that will be incurred during the ensuing year, and (v) a projection of the timing and amount of Road
Expense deposits that may be required of a Residential Parcel Owner during the ensuing year under
the terms of this Agreement; provided, however, that the Road Manager's failure to properly
estimate the amount of Road Expenses or to accurately project the timing and amount of Road
Expense deposits shall not relieve any Residential Parcel Owner of its duty to pay its Parcel's Share
of Road Expenses in accordance with this Agreement. The Road Manager shall also collect and
retain for a reasonable time, for use by the Residential Parcel Owners from time to time, the
information relevant to this Section and the conduct of Road Maintenance and Repair, including
without limitation, construction contracts, purchase agreements, guaranties, warranties, lists of
contractors and their performance record for the work, and similar materials that will aid the
Residential Parcel Owners in obtaining relief in the event of defects and in contracting for future
work.
DSSA_AFX T M.Ess -13-
H. Statement of Outstanding Deposits. Within fifteen(15) days following delivery to the
Road Manager of a written request by any Residential Parcel Owner, the Road Manager shall
provide to said Residential Parcel Owner a written statement which sets forth the amounts of
deposits and other reimbursements payable by the Residential Parcel Owners to the Road Manager.
A reasonable charge for the statement may be made by the Road Manager.
I. Failure of a Residential_Parcel Owner of a Residential Parcel to Pay its Parcel's Share
of Road Expenses. If any Residential Parcel Owner fails to pay its Parcel's Share of Road Expenses
in a timely manner in accordance with this Agreement, then the Road Manager, as agent for any
Residential Parcel Owner(s), who have paid their Parcel's Share of Road Expenses, may enforce the
obligations of the defaulting Residential Parcel Owner to pay in any manner provided by law or in
equity. Any judgment rendered in any action shall include the amount of the delinquency, all other
costs incurred by the Road Manager and the other Residential Parcel Owners as a consequence of
the default, and the attorneys' fees, experts'fees and other costs that the Road Manager or the other
Residential Parcel Owners may incur to enforce this Agreement and to collect the sums due and
delinquent. In addition, any other Residential Parcel Owner, individually or any combination of the
other Residential Parcel Owners who have paid their Parcel's Share of the Road Expense payment or
deposit, may advance the delinquent Parcel's Share of Road Expenses to the Road Manager on
behalf of the defaulting Residential Parcel Owner. Whereupon, the amounts so advanced, together
with interest thereon at the rate of the greater of ten percent(10%) per annum or the highest amount
permitted by law from the date of the advance until repaid (and together with any and all attorneys'
fees, experts' fees and other costs and expenses of collection and enforcement) shall be due and
payable upon demand by the defaulting Residential Parcel Owner to the advancing Residential Parcel
Owner(s). Such repayment obligation shall, without the necessity of the execution of any additional
documents, immediately become secured by a charge and continuing lien on the delinquent Parcel
owned by the defaulting Residential Parcel Owner for the benefit of the advancing Residential Parcel
Owner(s). The Residential Parcel Owner(s)who advance the defaulting Residential Parcel Owner's
Parcel's Share shall then have the right to enforce the collection of the sums owing by the defaulting
Residential Parcel Owner in accordance with the laws of the State of California and to take such
actions as may be required by law to foreclose said lien. Any lien resulting from such obligation shall
remain as an encumbrance on the title to the Parcel owned by such defaulting Residential Parcel
Owner until the delinquent Road Expense, and all interest, costs and expenses payable by the
defaulting Residential Parcel Owner(s), are paid in full.
I Liability for Payment. The obligations of the Residential Parcel Owners to pay and
deposit Road Expenses as required by this Agreement shall run with the land, so that all successive
record owner(s) of the Parcel owned by the defaulting Residential Parcel Owner shall in turn become
liable to pay and deposit Road Expenses applicable to each Parcel. No Residential Parcel Owner
may waive or otherwise escape personal liability for assessments or charges hereunder by
abandonment of the Parcel or the easements herein granted or any other attempt to renounce rights
in Lauriston Road and/or Old Ranch Road. Each demand for a deposit or reimbursement of Road
Expenses shall constitute a separate, distinct and personal obligation of the Residential Parcel
DSSA.\RD[rnL.Ess -14-
Owners) of the Parcels and shall bind the Residential Parcel Owners'respective heirs, devisees,
personal representatives, successors-in-interest and assigns. No assumption of personal liability by a
successor Residential Parcel Owner(including a contract purchaser under an installment land
contract) shall relieve any Residential Parcel Owner from personal liability for delinquent Road
Expense payments or deposits. If there are multiple holders of the fee simple interest in a parcel, the
obligations of said persons to pay the amounts payable under this Agreement are joint and several.
However, after a Residential Parcel Owner transfers its title of record to a Parcel to a third party, the
Residential Parcel Owner shall be relieved from liability for payment or deposit of Road Expenses
which thereafter becomes due and payable with respect to circumstances first occurring after the date
of the conveyance.
K. Road Insurance and Indemnity. The Road Manager shall arrange for the placement of
liability and other appropriate insurance, insuring the Residential Parcel Owners from any loss or
liability in connection with Lauriston Road and Old Ranch Road or the maintenance and repair
thereof, with coverages and terms acceptable to a Majority of the Owners. The premiums,
deductibles and co-insurance payments under such policies shall be acceptable to a Majority of the
Owners included in the Road Expenses, and borne by the Residential Parcel Owners in accordance
with this Agreement. Each Residential Parcel Owner hereby agrees to indemnify, defend, and hold
harmless each of the other Residential Parcel Owners and the Road Manager from any and all liability
for injury to themselves, their employees, agents, guests or invitees, or any other person and from
any damage or loss of the personal property of such persons, to the extent such injury, damage or
loss results from, arises out of, or is attributable to any Lauriston Road Maintenance and Repairs
undertaken, not undertaken, or required to be undertaken pursuant to this Agreement and/or any Old
Ranch Road maintenance or improvements undertaken, not undertaken, or required to be
undertaken pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement,
each Residential Parcel Owner, for itself and its successors and assigns, hereby (i)releases each of
the other Residential Parcel Owners from all liability for injury to any person or damage to any
property to the extent covered by the proceeds received by the Residential Parcel Owner from any
insurance placed by the Road Manager pursuant to this Section or otherwise paid or payable to the
injured party, and (ii)if the Road Manager is a Residential Parcel Owner, releases the Road Manager
for any liability, loss, damage, bodily injury, costs, attorneys' fees, experts' fees, and expenses of
every type and nature("liabilities")which may arise as a consequence of or in connection with the
performance or non-performance of the Road Manager's rights and obligations hereunder, except to
the extent such liabilities are incurred by a Residential Parcel Owner as a consequence of the willful
misconduct of the Road Manager.
7. Utility Easement.
A. Creation of Utility Easement. Subject to the terms, conditions, provisions and
restrictions set forth in this Agreement, each of the Owners hereby grants to each of the Owners of
the Parcels a non-exclusive and mutual easement for the limited purpose of the installation, repair,
and replacement of underground water, sewer, fire protection, electric, telephone, data
nssn:\xnunL.Ess -15-
communication and other utilities (including pipes, conduit, control devices, valves, appliances,
fittings, safety devices, and markers as may be reasonably necessary for the use of such utilities)
across and within that portion of the land bordering Lauriston Road as depicted on attached Exhibit
g and more particularly described in attached Exhibit F lying within the boundaries of said granting
Owner's Parcel (herein the "Utility Easement"). The foregoing is in addition to any easements or
other rights in the Parcels held by any public utility.
B. Installation of Utilities. The cost of installing and repairing any piping, conduit or
other permitted equipment in the Utility Easement shall be borne by the Owner who installs such
piping, conduit or other permitted equipment. No installation in the Utility Easement shall
unreasonably or materially interfere with any use being made of the Utility Easement by other
Owners. From and after the installation of any utility equipment within the Utility Easement, the
Owner who installed the utility equipment shall maintain its installations in good condition and repair
at its sole cost and, at its sole cost, shall repair any damage to Lauriston Road, Old Ranch Road or
other surrounding land caused by the construction, installation, use or maintenance of said utilities.
If any other Owner(s) of the Residential Parcels should wish to share the use of any previous utility
installation in the Utility Easement area made by another Owner, they may do so only after entering
into a mutually agreeable sharing agreement with the Owner who installed the utility.
C. Indemnification. Each Owner who installs utility improvements within the Utility
Easement hereby agrees to indemnify, defend, and hold harmless each of the other Owners from any
and all liability for injury to themselves, their employees, agents, guests or invitees, or any other
person and from any damage or loss of the property of such persons, to the extent such injury,
damage or loss results from, arises out of, or is attributable to the use, installation, maintenance, or
lack of maintenance of a utility improvement installed in the Utility Easement by said Owner.
Notwithstanding the foregoing, each Owner releases each of the other Owners from all liability for
injury to any person or damage to any property to the extent covered by the proceeds received by the
Owner from any insurance carried by said Owner.
8. Additional Right of Entry for Maintenance and Rem. Subject to the terms,
conditions, provisions and restrictions set forth in this Agreement, each Owner also grants to the
Road Manager and the other Owners the right, as reasonably necessary, to enter upon and
temporarily occupy with persons, equipment, and materials, those portions of Lauriston Road and
the Utility Easement, and the land immediately adjacent thereto, for the limited purpose of installing,
inspecting, repairing, or servicing the utility lines, equipment and services in the Utility Easements
herein granted.
9. Relocation of Easements.
A. Lauriston Road. If Lauriston Road is damaged and the repair within the easement
areas described on attached Exhibit D-I is not economically or physically feasible, then, with the
consent of a Majority of the Owners of the Residential Parcels, the portion(s) of Lauriston Road so
DSSA.\RDUT L.Es8 -16-
affected may be relocated as a Road Expense to such location(s) as are feasible and as close as
reasonable possible to the then existing route of Lauriston Road with the approval of a Majority of
the Owners and, if the relocation will be made within the boundaries of an Open Space Parcel, with
MROSD Approval in accordance with Section 5.A. Notwithstanding the foregoing, if Lauriston
Road becomes unpassable due to causes beyond the reasonable control of the Road Manager, the
Road Manager shall have the right to temporarily reroute Lauriston Road as an emergency measure
as required to provide ingress and egress from and to the Residential Parcels via Alpine Road in
accordance with Section 5.A of this Agreement.
B. Old Ranch Road. If Old Ranch Road is damaged and the repair within the easement
areas described on attached Exhibit D-2 is not economically or physically feasible and MROSD does
not relocate Old Ranch Road to another location on its Open Space Parcel at its expense within a
reasonable time (not to exceed one year), then, with the consent of a Majority of the Owners of the
Residential Parcels, the portion(s) of Old Ranch Road so affected may be relocated as a Road
Expense by the Road Manager to such location(s) in the Open Space Parcel(s) as are feasible and as
close as reasonably possible to the then existing route of Old Ranch Road, with the approval of a
Majority of the Owners. The relocation shall (i)minimize to the extent reasonably feasible the
physical and aesthetic impact of the road on the surrounding open space lands, (ii)use surfacing
materials which are compatible with the materials used at other areas of Old Ranch Road, (iii)be
otherwise compatible with the surroundings, and (iv) otherwise be Approved by MROSD.
C. Utility Easement. If installation of a utility line or other associated equipment
("utility equipment") in the Utility Easement area described on Exhibits A and F should be infeasible
(because of the proximity of the line or other equipment, to other improvements, obstructions, lack
of lateral or vertical support, or otherwise), then the route/location for the utility equipment(and the
Utility Easement area) shall be relocated prior to the installation of the utility equipment, upon
request of either the servient Parcel(including an Open Space Parcel) or of the Owner installing the
utility equipment for the benefit of a dominant Parcel, to an alternate area located as close as feasible
to the Utility Easement area described in Exhibits A and F. The area for the relocation shall be
reasonably selected by the Owner making the request for relocation and approved by the other
Owner(of the servient or dominant Parcel, as the case may be)which approval shall not be
unreasonably withheld or delayed. If the party to provide approval is MROSD, the relocation shall
(i) minimize to the extent reasonably feasible the physical and aesthetic impact of the easement area
on the surrounding open space lands, (ii)be compatible with the surroundings, and (iii) otherwise be
Approved by MROSD. Requests by the Owners of a servient Parcel (including the Owner of an
Open Space Parcel) for a relocation of the Utility Easement may be based on safety, lateral and
vertical support, interference with surrounding improvements, and, where the utility equipment will
be above ground, aesthetic grounds. After utility equipment is installed in the Utility Easement area
(as the same may be relocated pursuant to the prior sentence), each Owner shall have the right, at its
cost, to relocate that portion of the Utility Easement within the boundaries of its Parcel to another
appropriate site on the Owner's Parcel chosen by said Owner of the servient Parcel and approved by
the Owner of any utility equipment located in the Utility Easement area being relocated and by a
a SAORDUTH-Esa -17-
Majority of the Owners. Any such subsequent relocation shall be undertaken in a manner and to
such a location as will minimize to the extent reasonably possible any interference with the use of the
relocated utility equipment and any future utility equipment that may be installed in accordance with
this Agreement by the other Residential Parcel Owner.
D. General Reauir= ement. If Lauriston Road, Old Ranch Road, or the utility easements
herein granted are relocated pursuant to this Section, then the party or parties requesting the
relocation shall, at their cost, have the new location surveyed, a legal description thereof created, and
that new location recorded together with a quitclaim of the old location.
10. Granting of Water Rights. The agreements of the Residential Parcel Owners, as stated in
this Agreement, are conditioned upon the execution and recordation concurrently herewith of that
certain Water Agreement between the parties hereto, granting them certain water rights in the Open
Space Parcels.
11. Voting Procedures. Any Residential Parcel Owner may request a vote on any matter
requiring the vote of a Majority of the Owners under the terms of this Agreement. In conducting the
vote, the following rules shall apply:
(1) At all times the number of Residential Parcels which are assigned a Parcel's Share of
Road Expenses pursuant to Section 6.D. Such number is initially five(5), and is subject to
adjustment upon subdivision of any Parcel and assignment of a Parcel's Share pursuant to the
last subparagraph of Section 6.D. If one or more of the Residential Parcels are consolidated
with another Parcel, the consolidated Parcels shall be required to pay the total Parcel's Share
for both of the consolidated Parcels, but the Owners of such consolidated Parcels shall
continue to be entitled to the same number of votes as the Residential Parcels involved in the
consolidation would have been entitled to, had no consolidation occurred.
(2) If there is more than one record fee title owner of a Residential Parcel, the vote of the
Residential Parcel shall be deemed to be in the affirmative, unless (i) all holders of the fee
interest in the Parcel vote to the contrary, or(ii) all of the fee interest Owners of said
Residential Parcel appoint a representative to represent their interest (by delivery of a notice
of the appointment to all of the other Residential Parcel Owners) and said representative
timely votes against the measure.
(3) Each request for a vote of the Residential Owners shall be delivered in accordance
with the procedures specified in this Agreement to the party or parties entitled to receive ad
valorem property tax bills for the Residential Parcel in question and shall include a statement
of the issue for which a vote is sought, the address to which votes may be delivered and the
last day for delivery of such votes(which date shall not be earlier than the fifteenth(15th)day
following delivery of the request for vote).
MSA:ARDUMEs8 -18-
(4) Votes shall be cast for a Residential Parcel by delivery of a written vote, executed by
all of the fee interest Owners of the Residential Parcel (or their representative), to the address
specified in the notice of a request for the vote. The failure of the fee interest Owners to
deliver a "yea" or "nay" vote in accordance with this Agreement within the time allowed shall
be deemed to be a vote in the same manner as the vote of the majority of the Residential
Parcels for which timely votes are actually received, provided however, that in no event shall
such deemed vote(after a failure to vote) ever break a tie in the timely votes actually cast by
the Owners of the other Residential Parcels.
(5) All votes shall be deemed invalid, unless, on or before the fifteenth(15th) day
following the last day for delivery of a vote as set forth above, the Owner(s) requesting a
vote notify all other Residential Parcel Owners of the results of the vote, including a detailed
analysis of any votes which are "deemed" made in accordance with this Section.
12. Easements Run With the Land; Recordation of Agreement and Relocations. This
Agreement shall be recorded with the County Recorder for the County of San Mateo, State of
California and upon such recordation, all of the provisions, agreements, rights, powers, covenants,
conditions and obligations contained in this Agreement(a) shall become binding upon and inure to
the benefit of the Owners of the Parcels and their respective heirs, successors-in-interest, assigns,
devisees, administrators, representatives, lessees and all other persons acquiring any interest in the
Parcels, whether by operation of law or otherwise, (b) shall be equitable servitudes and covenants
running with the land pursuant to applicable law, including without limitation California Civil Code
Section 1468, and (c) shall be superior to all other encumbrances applied against or in favor of any
portion of the Parcels. If any easement is relocated in accordance with the terms of this Agreement,
such relocation shall be deemed effective when a notice of the relocation, executed and
acknowledged by the Owner(s) required to approve the relocation under the terms hereof, is
recorded in the Official Records of San Mateo County.
13. Deed of Trust Protection. Except to the extent subordination agreements are recorded
concurrently herewith or hereafter, the rights and obligations created by this Agreement are subject
and subordinate only to any and all existing covenants, conditions and restrictions, easements, liens
and encumbrances affecting the Owners'Parcels and of public record on the date this Agreement is
recorded. No breach of this Agreement shall defeat, render invalid, discharge or impair the lien of
any deed of trust on any Parcel or portion thereof made in good faith and for value, but the
covenants and restrictions, easements, and conditions contained herein shall be binding upon and
effective against any party who acquires title to an Owner's Parcel or any portion thereof, by
foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise, pursuant to such deed of trust.
14. Negation of Partnership and Third Party Rigs, None of the terms or provisions of this
Agreement shall be deemed to create a partnership between the Owners, nor shall this Agreement
cause the Owners to be considered or deemed to be joint venturers or members of any joint
enterprise. This Agreement is not intended, nor shall it be construed, to create any third party
DSSA:\RDUr]L.Es8 -19-
t
beneficiary rights in or for the benefit of any person who is not a party hereto, except as otherwise
expressly provided to the contrary in this Agreement.
15. Miscellaneous,
A. Heading. The titles and headings of the various Sections of this Agreement are
intended solely for convenience of reference and are not intended to explain, modify or place any
construction on any of the provisions of this Agreement.
B. Entire Agreement. This Agreement, which includes the Exhibits, contains all
representations and the entire understanding and agreement between the parties. Correspondence,
memoranda, or oral or written agreements which originated before the date of this Agreement are
replaced in total by this Agreement unless otherwise expressly stated in this Agreement.
C. Amendments. This Agreement shall not be altered or modified except by a writing
signed by all Owners of the Parcels affected by the change and recorded in the County of San Mateo
Recorder's Office. No amendment shall adversely affect the rights of the holder of any mortgage of
record prior to the recordation of such amendment.
D. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California that would apply if each and every one of the Owners were
residents of California and the Agreement was made and performed in California.
E. E=ense . In the event of litigation or arbitration between the parties arising out of
or relating to this Agreement, the prevailing party will be entitled to recover court or arbitration
costs and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in
connection with the action or arbitration, including such costs and fees incurred because of any
appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be
incurred in enforcing any judgment or award, and this provision shall not be merged into any
judgment but shall survive any judgment.
F. Notices. Any notices given under this Agreement shall be in writing and shall be
served either(i)personally, or(ii) delivered by overnight U. S. Mail with postage prepaid, or(iii)by
a nationally recognized overnight commercial courier service, with charges prepaid. Notices may
also effectively be given by transmittal over electronic transmitting devices if the party to whom the
notice is being sent has a receiving device in its office, and provided a complete copy of the notice
shall also be served either personally or in the same manner as required for mailed or couriered
notices. Notices shall be deemed received at the earlier of actual receipt or one business day
following deposit in U.S. Mail or with a nationally recognized commercial courier with charges
prepaid. Notices shall be addressed, for each Parcel, to the mailing address to which the Tax
Assessor of the County of San Mateo is required to send ad valorem property tax statements(or
exemption certificates) for said Parcel.
nssn:\tncrru..Ess -20-
G. Gender and Number. As used in this Agreement, the masculine, feminine and neuter
gender, and the singular or plural number, shall include the others whenever the context so indicates.
H. Cross-keferences. All cross-references in this Agreement, unless specifically directed
to another agreement or document, refer to provisions within this Agreement, and shall not be
deemed to be references to the overall transaction or to any other agreements or documents.
I. Severabilil3C. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision
of which is binding upon the parties, the Owners agree that such determination shall not result in the
nullity or unenforceability of the remaining portions of this Agreement. The Owners further agree to
replace such void or unenforceable provisions with provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
I Exhibits. All Exhibits referred to in this Agreement as attached are incorporated in
the Agreement in their entirety by reference.
K. Authority&Liens. Each of the persons executing this Agreement represents that
he/shelit is the fee interest holder of a Parcel and has full right and authority to execute this
Agreement, the signature of no other person is required to create a valid easement on the Parcel
owned by him/her/it, and he/she/it has obtained a Lienholder's Consent in the form set forth below
for each lien encumbering the Parcel owned by him/her.
[Signatures on Next Page]
DSSA.\RDUrII..Ess -21-
i
IN WITNESS OF, the parties have executed this Agreement as of the dates set forth below
their signatures below.
Date:
NORIO SUGANO, Trustee of the Norio Sugano
1996 Trust, dated October 10, 1996
The sole Owner of the Property described on Exhibit B-1
Whose Address for Notices is:
Date:
DALE R. PFAU, husband
Date:
CATHRYN S. GAWNE, wife
The sole Owners of the Property described on Exhibit B-2
Whose Address for Notices is:
DMA.A Di)1'II..Ess -22-
Date:
THOMAS B. OKARMA, husband
Date:
MARY E. OKARMA, wife
The sole Owners of the Property described on Exhibit B-3
Whose Address for Notices is:
Date:
ALYSON R. GOUDY, Trustee under Trust
Agreement, U/T/A dated October 3, 1988
The sole Owner of the Property described on Exhibit B4
Whose Address for Notices is:
-23-
PENINSULA OPEN SPACE TRUST,
a California nonprofit public benefit corporation,
as the sole Owner of the Property described on Exhibit B-5
By: Date:
Its:
By: Date:
Its:
Whose address for notices is:
DSSAMDUM Esa -24-
Date:
DONALD KIRK MCKINNEY, Trustee of the
McKinney Family Trust, U/D/T dated June 2, 1986
Date:
REBECCA MCDANIEL MCKINNEY, Trustee
of the McKinney Family Trust, U/D/T dated
June 2, 1986
As(upon the closing of the purchase of the
property described on Exhibit B-S from POST)
the sole Owners of said property
Whose Address for Notices is:
asSA.ARD nL.iEss -25-
PENINSULA OPEN SPACE TRUST,
a California nonprofit public benefit corporation,
as the sole Owner of the Property described on Exhibit C-I
By: Date:
Its:
By: Date:
Its:
Whose address for notices is:
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT,
a California goverment agency,
as the sole owner of the Property described on Exhibit C-2
By: Date:
Its:
By: Date:
Its:
Whose address for notices is:
MSAMDUMESS -26-
CONSENT OF LIENHOLDER
The undersigned is the sole holder of alien encumbering a Parcel of real property currently owned by
and more particularly described on attached Exhibit (the
"Encumbered Property"). Notice of the lien is recorded in the Official Records of San Mateo
County, California as Instrument Number in Book
The undersigned hereby consents to this Agreement and subordinates its lien hereto. In the event of
default under or foreclosure of its lien, the undersigned agrees that the covenants and restrictions,
easements, and conditions contained herein shall be binding upon and effective against any parry who
acquires title to a Parcel or any portion thereof, by foreclosure, trustee's sale, deed in lieu of
foreclosure or otherwise, pursuant to such deed of trust.
Date:
a
By:
Its:
By:
Its:
[PREPARE FOR EACH LIEN HOLDER]
MSA WLrF -Es8 -27-
SCHEDULE OF EMITS
Exhibit A Map of Parcels, Lauriston Road &Utility Easement
Exhibit B Legal Description of Residential Parcels
Exhibit C Legal Descriptions of Open Space Parcels
Exhibit D Legal Descriptions of Lauriston Road and Ranch Road
Exhibit E Legal Description of Trail Crossings
Exhibit F Legal Description of Utility Easement
Exhibit G Reference to Vague Old Deed Language
Exhibit H Map of Culverts
4
EXHIBIT G
PRIOR DEED REFERENCE
The relevant portions of a deed from Corte Madera to "the Heirs and Devisees of John Francis
Neylan" in Book 5456 of Official Records, Page 529 read as follows:
TOGETHER WITH easements and rights of way over, across and under adjacent lands of grantor
for all presently existing gas pipelines, power lines, telephone lines, water pipelines, sewer pipelines,
water wells, spring diversion dams and facilities of every kind and description, which are in place on
the date hereof, and the concomitant right to go on grantor's property to maintain, restore, replace or
remove any of said lines and facilities;
ALSO TOGETHER WITH the right to take and divert water from springs, wells, underground
creeks and streams at the presently developed source thereof in quantities consistent with the
ordinary and reasonable use of such water to or for the improvements presently existing on the
property conveyed hereby;
ALSO TOGETHER WITH, for the benefit of Parcels 2 and 3, nonexclusive easements for ingress
and egress over all existing paved and unpaved roads providing access to and from the said Parcels 2
and 3 and Skyline Boulevard, and a nonexclusive easement and right of way 25 feet in width over the
existing road from Alpine Road to the said Parcels 2 and 3, and the concomitant right to enter upon
the grantor's property for the purpose of maintaining, repairing and replacing said roads, provided
that each easement hereby granted may at any time be terminated on condition that there is
continuously provided at no expense to grantees, their successors or assigns, access to and from the
said Parcels 2 and 3 and Skyline Boulevard and Alpine Road by means of a substituted road or roads
of a quality satisfactory to the City of Portola Valley as set forth in any subdivision ordinance in
effect on the date of such subdivision.
Grantor, its successors or assigns, may at any time terminate the easements above created for utility
and water lines, water diversion facilities and water rights, provided that in each instance upon such
termination facilities for providing water or utility service are brought to grantee's property line at no
expense to grantee at the same location(or at a location of no less convenience and utility to
grantee) as such easements, lines or rights exist on the date hereof and provided such facilities are
capable of providing water or utility service in quality and quantity at least equal to the service
available to grantee's property on the date of termination, whether or not actually in use at that time.
RECORDED AT THE REQUEST OF:
Midpeninsula Regional
Open Space District
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Drive
Los Altos,CA 94022
NO DOCUMENTARY TRANSFER TAX DUE
By:
On behalf of Midpeninsula Regional
Open Space District
WATER AGREEMENT
THIS WATER AGREEMENT ("Agreement")is dated for reference purposes only as
- 1997 and is executed by and between the Peninsula Open Space Trust, a
California nonprofit public benefit corporation("POST"), the Midpeninsula Regional Open Space
District, a California governmental agency("MROSD"), and Norio Sugano, Trustee of the Norio
Sugano 1996 Trust, dated October 10, 1996, Dale R. Pfau and Cathryn S. Gawne, husband and wife,
as joint tenants, Thomas B. Okarma and Mary E. Okarma, husband and wife, as joint tenants, Alyson
R. Goudy, Trustee under Trust Agreement, U/T/A dated October 3, 1988, Donald Kirk McKinney
and Rebecca McDaniel McKinney, Trustees of The McKinney Family Trust, U/D/T dated June 2,
1986 ("McKinney") and their successors and assigns(the "Residential Parcel Owners").
RECITALS
A. POST is the fee interest owner of those certain parcels of real property located in the
Town of Portola Valley, County of San Mateo, State of California, which are depicted on the
attached map labeled Exhibit and which are more particularly described on attached Exhibit C-1
(herein the "POST Servient Parcel") and Exhibit B-5 (herein the "McKinney Parcel").
B. MROSD is the fee interest owner of that certain parcel of real property located in the
Town of Portola Valley, County of San Mateo, State of California, which is depicted on the attached
map labeled Exhibit A and which is more particularly described on attached Exhibit C-2 (herein the
"MROSD Servient Parcel'). As used herein the term "Servient Parcels" shall mean the POST
Servient Parcel and the MROSD Servient Parcel.
C. Concurrently herewith POST is conveying all of POST's right, title and interest in the
McKinney Parcel to McKinney and all of its right, title and interest in the POST Servient Parcel
described to MROSD.
D. The Servient Parcels possess natural, scenic, open space and recreational values
(collectively "Conservation Values") and the parties intend that the rights conveyed to the Residential
H:MW\DSSIMCXR*W.Y\DLST'WT1LES4
10/29/97
Parcel Owners pursuant to this Agreement will not impair the Conservation Values of the Servient
Parcels. The rights conveyed by this Agreement are deemed to be compatible with the Conservation
Values of the Servient Parcels to the extent these rights are expressly set forth in this Agreement.
E. Concurrently herewith the Residential Parcel Owners are entering into a Road&
Utility Easement Agreement with POST and MROSD (the "Servient Parcel Owners") in order,
among other things, to clarify their respective ingress and egress rights over the Servient Parcels as
requested by POST and MROSD. As a condition to the effectiveness of the Road &Utility
Easement Agreement, the Residential Parcel Owners are requiring MROSD and POST to execute
this Agreement clarifying their rights to obtain water from the Servient Parcels.
F. As a condition to the closing of the conveyance of the McKinney Parcel to McKinney,
POST also has agreed to convey(or to cause MROSD to convey), and by this Agreement intends to
convey(or to cause MROSD to convey), easements for water supply to the McKinney Parcel.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the adequacy of which is hereby
acknowledged, POST, MROSD, and the Residential Parcel Owners hereby agree as follows:
1. Definitions.
A. Conservation Values are the natural, scenic, open space and recreational values
described in this Agreement.
B. Consent is prior written consent.
B. Existing Water Rights is defined in Section 2, below.
C. McKinncy Parcel is that parcel of real property located in the Town of Portola Valley,
County of San Mateo, State of California, which is depicted on the attached map labeled Exhibit_A
and which is more particularly described on attached Exhibit B-5.
D. Minimum Flow Rate is a daily flow rate of water(which can be made potable at
reasonable cost) sufficient to satisfy the reasonable needs of a single family residential site; provided
however that(i)the Minimum Flow Rate for each of the Residential Parcels(other than the
McKinney Parcel) shall not be less than the gallons of water per day currently available for extraction
and use on each such parcel; and (ii)for the McKinney Parcel shall be the same gallons of water per
day as is currently available for extraction and use on the Residential Parcel owned by Norio Sugano,
Trustee. The currently available flow rate from the aforesaid Residential Lots shall be determined by
a licensed hydrologist mutually selected by the Residential Parcels Owners and MROSD within thirty
days after the execution of this Agreement. Immediately following his/her selection, the hydrologist
shall forthwith determine the current flow rate of water available to each of said Residential Parcels
in accordance with procedures and protocols suggested by the hydrologist with the Consent of the
Residential Owners and MROSD, which Consent shall not be unreasonably withheld. Upon
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determination of said current flow rates, MROSD and the Residential Owners shall execute and
record an amendment to this Agreement setting forth the flow rates for each Residential Parcel as so
determined by the hydrologist. All future comparisons to the Minimum Flow Rate as determined
above shall be calculated using procedures and protocols consistent with the methodology used by
the hydrologist to determine the baseline flow rates as set forth above.
E. MROSD is the Midpeninsula Regional Open Space District, a California
governmental agency.
F. MROSD Servient Parcel is that parcel of real property located in the Town of Portola
Valley, County of San Mateo, State of California, which is depicted on the attached map labeled
ExWbit A and which is more particularly described on attached Exhibit
G. New Water Egui_ n�is Water Equipment which is not existing on the date of this
Agreement and which is not a renewal or replacement of such existing Water Equipment and which
conforms to the requirements of Section 4.C, below.
H. POST is Peninsula Open Space Trust, a California nonprofit public benefit
corporation.
I. POST Servient Parcel is that parcel of real property located in the Town of Portola
Valley, County of San Mateo, State of California, which are depicted on the attached map labeled
Exhibit A and which are more particularly described on attached Exhibit C-1.
J. Residential Parcels are those parcels of real property more particular described in
attached Exhibit B-1 through B-5.
K. Residential Parcel Owners are collectively:Norio Sugano, Trustee of the Norio
Sugano 1996 Trust, dated October 10, 1996, Dale R. Pfau and Cathryn S. Gawne, husband and wife,
as joint tenants, Thomas B. Okarma and Mary E. Okarma, husband and wife, as joint tenants, Alyson
R. Goudy, Trustee under Trust Agreement, U/T/A dated October 3, 1988, Donald Kirk McKinney
and Rebecca McDaniel McKinney, Trustees of The McKinney Family Trust, U/D/T dated June 2,
1986 and their successors and assigns.
L. Servient Parcels is the POST Servient Parcel and the MROSD Servient Parcel.
M. Servient Parcel Owners are POST and MROSD.
N. Water Equipment means the Water Wells and the Water Supply Equipment.
O. Water Supply Equines is all of the water lines, electrical power lines and
equipment, and associated water collections, storage and transmission equipment reasonably required
for the collection and transmission of water to the Residential Parcel in question.
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P. Water Wells are water supply wells, pumps, electrical power lines and equipment, and
other associated equipment for the lifting of groundwater water to the surface.
Q. Water Well Easement Area is that area depicted on attached Exhibit and more
particularly described on attached Exhibit D where Water Wells may be located pursuant to this
Agreement.
2. Acknowledgments and Agreements Concerning Existing Water Rigs. POST,
MROSD, and the Residential Parcel Owners acknowledge that the Residential Parcel Owners
currently possesses easement rights to obtain, use and transport water from existing sources on the
Servient Parcels for the benefit of the Residential Parcels pursuant to rights previously granted to
the Residential Parcel Owners as more particularly set forth in deeds and other instruments recorded
in the chain of title to the Residential Parcels (the "Existing Water Rights"). Nothing in this
Agreement is intended to terminate the Existing Water Rights, all of which remain in full force and
effect in accordance with the currently effective terms and conditions thereof. However, the
Residential Parcel Owners, for themselves and their successors and assigns, agree as follows with
respect to the Existing Water Rights:
A. With respect to any entry onto the Servient Parcels for the purpose installing,
constructing, repairing, or otherwise modifying any equipment or structure used in the exercise of
the Existing Water Rights, the provisions set forth below in Section 4 shall be applicable and the
Residential Parcel Owner exercising such rights shall consult with and cooperate with the affected
Servient Parcel Owner with respect to such activities so as to protect the Conservation Values of the
Servient Parcels and facilitate the return of the lands to their natural state after completion of such
activities; and
B. Each of the Residential Parcel Owners will, at their own expense, survey the actual
locations of any Water Wells and other Water Equipment located on the Servient Parcels pursuant to
the Existing Water Rights within ten years of the date of this Agreement, and record that more
specific description of the location of such Water Wells or other Water Equipment as an Amendment
to this Agreement.
3. Grant of Water Supply and Water Well Easement= Subject to the terms, conditions,
provisions and restrictions set forth in this Agreement and to clarify and supplement the Existing
Water Rights, POST and MROSD hereby grant to each of the Residential Parcel Owners, as the
owners of the Residential Parcels,jointly and severally, the following easements:
A. An easement appurtenant to each of the Residential Parcels, subject to and on the
terms, conditions, provisions, and restrictions specified in this Agreement, for the taking and use of
water solely for the benefit of and use on the Residential Parcels from the Water Well Easement
Area, and for the installation, operation, repair and replacement of Water Wells for such purpose
within the Water Well Easement Area.
B. An easement appurtenant to each Residential Parcel, on the terms, and subject to the
conditions, provisions and restrictions specified in this Agreement, for the installation, construction,
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e
operation, transmission of water through, repair, and replacement of Water Supply Equipment on
over and across the Servient Parcels, as may be reasonably required for the pumping, and transport
of water from the Water Wells described in Section LA, above, to any or all of the Residential
Parcels as determined by the Residential Parcel Owners.
C. An easement appurtenant to each of the Residential Parcels, on the terms, and subject
to the conditions, provisions and restrictions specified in this Agreement, to enter, as reasonably
necessary upon and temporarily occupy, with persons, equipment and materials, those areas
reasonably necessary for the limited purposes of installing, inspecting repairing or servicing the
Water Equipment installed pursuant to Sections 2.A and 2.B, above, provided that the Residential
Parcel Owner exercising such right shall consult with and cooperate with the affected Servient Parcel
Owners with respect to such activities so as to protect the Conservation Values of the Servient
Parcels and facilitate the return the lands to its natural state after completion of such activities.
The foregoing easements are in addition to any easements or other rights in the Servient Parcels held
by any public utility.
4. Additional Agreements Concerning Water Equipment. Any repairs or replacement of
the Water Equipment installed on the Servient Parcels pursuant to the Existing Water Rights
described in Section 2 and any siting, installation, maintenance or use of any New Water Equipment
pursuant to the rights granted in Section 3 shall be made and undertaken in accordance with the
following terms and conditions:
A. Survey of Location of New Water Equipment. The Residential Parcel Owners will, at
their own expense, survey the actual locations of any Water Equipment installed on the Servient
Parcels after the date of this Agreement at the time such Water Equipment is installed, and shall
record that more specific description of such location as an Amendment to this Agreement.
B. Repair of Existing Water Equipment. All Water Equipment existing on the Servient
Parcels as of the date of this Agreement and any repairs, renewals and substitutions thereof of a
similar nature, located in substantially the same location and using substantially the same materials
may be installed, maintained and used by the Residential Parcels Owners after notice to the affected
Servient Parcel Owners, but without the necessity of obtaining the consent (either before or after
such action) of said Servient Parcel Owners.
C. Permitted Water Equipment for Relocations and New Installations. Any relocation of
such existing Water Equipment or any installation, maintenance or use of other or additional Water
Equipment pursuant to the rights granted in Section 3, above, shall be limited to the equipment
reasonably necessary for the extraction and immediate collection and transmission of water from the
Water Easement Area to the Residential Parcel. Without the Consent of MROSD, such relocated or
additional Water Equipment shall not include water tanks, pressure systems, purification systems and
other such equipment of substantial bulk(whether or not concealed underground)used for the bulk
storage, treatment or other processing of extracted water. MROSD may withhold its Consent to any
such bulky equipment in its discretion, if the construction, operation or maintenance of such
equipment is reasonably likely to interfere with or detract from the Conservation Values of the
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Servient Parcel, unless such bulky equipment cannot be placed on a Residential Parcel and the use of
such equipment is absolutely essential to the extraction and transmission of water to the Residential
Parcel, in which case MROSD's Consent shall not be unreasonably withheld or delayed. In no event
shall any Residential Parcel Owner be required to abandon or otherwise be prevented from using any
of the Water Equipment being utilized to supply water to a Residential Parcel as of the date of this
Agreement, provided the location of such Water Equipment is identified in an instrument recorded in
the Official Records of San Mateo County within the time designated in Section 2, above.
D. Inability to Obtain Water on Residential Parcel as a condition of New Well
Installation. The right of a Residential Parcel Owner to install a Water Well (in addition to the Water
Wells existing on the date of this Agreement) shall be conditioned upon the practical inability of a
Residential Parcel Owner to develop a source of potable water with a flow rate at least equal to the
Minimum Flow Rate from other locations from which the Residential Parcel Owner is entitled to
obtain water. Such inability to develop a potable water source shall be presumed from either of the
following:
(1) The owner's inability to obtain water at a flow rate at least equal to the
Minimum Flow Rate, in the aggregate, from all wells established prior to the
date of the determination on or for the benefit of the Residential Parcel, and
from at least one additional test well drilled to a depth of at least 300 feet on
the owner's Residential Parcel after it is discovered that the flow rate for water
sources to the Residential Parcel has fallen below the Minimum Flow Rate; or
(2) The delivery of an opinion by a licensed hydro geologist selected in
accordance with this Section to the effect that the available sources of potable
water at a depth of 300 feet or less on the Residential Parcel are not
reasonably likely to produce a water flow rate at least equal to the Minimum
Flow Rate. The hydro geologist shall be selected by the Residential Parcel
Owner(s) requesting installation of additional Water Wells and Consent of
MROSD. If the parties are unable to agree upon a hydro geologist within
fifteen(15) days following the written demand by either party for such
agreement, then either party may apply to the Presiding Judge of the Superior
Court of San Mateo County for approval of its preferred hydro geologist.
Notwithstanding the foregoing, it is expressly agreed by the parties hereto that the McKinneys have
heretofore shown that they are unable to develop potable water source on the McKinney Parcel and,
accordingly, the McKinneys shall be deemed to have forever satisfied such condition with respect to
the McKinney Parcel and there shall be no need for the drilling of additional test wells on, or for a
opinion by a licensed hydro geologist o� the McKinney Parcel.
E. Siting of New Water Equipment. The site(s)for the placement of New Water
Equipment hereafter installed pursuant to this Agreement, shall be reasonably selected by the
Residential Parcel Owner(s)who wishes to install said Water Equipment, after consultation and the
Consent of the owner of the Servient Parcel where the installation will be made, which Consent shall
not be unreasonably withheld or delayed. When Consent is required for the siting of Water
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Equipment pursuant to this Agreement, the giving of such Consent shall be documented by survey
and the execution, delivery and recordation in the Official Records of San Mateo County, California
of an appropriate Addendum to this Agreement identifying the location of such Water Equipment,
which Addendum shall be prepared by the Residential Parcel Owner(s)who will be installing the
Water Equipment and subject to the Consent of owner(s) of the Servient Parcel(s)where the Water
Equipment will be located. The form of the Addendum shall be reasonably acceptable to the parties
who are required to execute it.
F. Relocation of Water Equipment. If the continued use, operation or maintenance of
any particular item of any Water Equipment should be or become infeasible(because of the proximity
of the Water Equipment to other improvements, obstructions, lack of lateral or vertical support, or
other cause beyond the reasonable control of the party installing the Water Equipment), then the
Water Equipment may be relocated by the Residential Parcel Owner who installed it, or the
successors or assigns of such Residential Parcel Owner then in title, to an alternate area on the
Servient Parcels, provided it is located as close as feasible to the former location of such Water
Equipment. The area for the relocation shall be reasonably selected by the Residential Parcel
Owner(s)who will relocate the Water Equipment subject to the Consent of the Servient Parcel
Owners where the relocation shall be made, which Consent shall not be unreasonably withheld or
delayed. The cost of any relocation of Water Equipment currently existing or hereafter installed
pursuant to this Agreement shall be borne by the party requesting the relocation.
G. Conduct of Activities on Servient Parcel. The activities permitted by Section 3.C,
above shall be undertaken, after consultation with the affected Servient Parcel Owner(s), in a manner
consistent with protection the Conservation Values of said parcels. The Water Equipment shall be
installed underground to the extent reasonably feasible. As a condition to the installation and
construction of Water Equipment, the Residential Parcel Owner conducting the work shall submit
plans and specifications for the work to the affected Servient Parcel Owner(s)for
its Consent, which Consent shall not be unreasonably withheld or delayed if the plans make all work
as inconspicuous as reasonably possible and provide for the return of the lands to their natural state
after the completion of installation or construction. The design of any above ground Water
Equipment (i) shall avoid the use of highly reflective exterior surfaces and incorporate wood and
earth tone exterior surfaces which blend with the natural environment, (ii) shall be sited to minimize
their visibility from trails within the Windy Hill Open Space Preserve and viewsheds off the Servient
Parcels, and (ii) shall be adequately screened from the Windy Hill Open Space Preserve. The design,
materials, style, and location of all Water Equipment, and the installation techniques employed
therefor, (a) shall minimize the removal of trees so as not to disrupt the natural silhouette of the
hillside; and (b) shall otherwise be subject to the Consent of the affected Servient Parcel Owners,
which Consent shall not be unreasonably withheld or delayed.
H. Criteria for MROSD and POST Consent. When the owner of the Servient Parcel is
required by this Agreement to Consent to the siting, of Water Equipment on the Servient Parcel
pursuant to this Section is MROSD or POST, the site selection, installation, maintenance and use of
and for the Water Equipment shall be conducted so as to minimize the impact on the Conservation
Values of said Servient Parcel. In this regard, it is acknowledged by the parties that resource and
habitat protection is of paramount concern with respect to the preservation of such Conservation
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Values. In assessing the impact on the Conservation Values of an installation or relocation of Water
Equipment, due regard is to be given by the Consenting party to: (a)the cost of installing, using, or
maintaining the Water Equipment in a manner or at a location differing from the Residential Parcel
Owner's preferred approach and (b)the potential for interference with the use of the Water
Equipment if it is sited, installed used, or maintained in manner or at a location differing from such
approach.
I. Maintenance of Water Equipment. From and after the installation of any New Water
Equipment, the Residential Parcel Owner(s)who installed the New Water Equipment shall maintain
such installation in good condition and repair at its/their sole cost; and, at its/their sole cost, shall
repair any damage to the surrounding land caused by the construction, installation, use or
maintenance of said New Water Equipment.
I Sharing of Water Equipment. If any other Residential Parcel Owner(s) should wish to
share the use of any previous Water Equipment installation made by or owned by another Residential
Parcel Owner, they may do so only after entering into a mutually agreeable sharing agreement with
the Residential Parcel Owner who installed or owned said Water Equipment.
K. Notice of Exercise of Rights. A Residential Parcel Owner shall notify the affected
Servient Parcel Owner in writing not less than thirty(30) days prior to the date the Residential Parcel
Owner intends to exercise any right pursuant to the conditions and restrictions stated above, except
in the case of an emergency, in which case notice shall be given not less than 48 hours prior to such
entry. The notice shall describe the nature, scope, design, location, timetable, and any other material
aspects of the proposed activity in sufficient detail to permit the Servient Parcel Owner to make an
informed judgment as to the consistency of the installation with this Agreement.
L. Remedies. If a Servient Parcel Owner believes that the use or maintenance of the
Water Equipment or the activities of a Residential Parcel Owner on the Servient Parcel violates this
Agreement, or that any such violation is threatened, then:
(1) Said Servient Parcel Owner shall give written notice of such fact to the
Residential Parcel Owner who installed the Water Equipment in question and
demand corrective action sufficient to cure the violation. If the violation
involves injury to the Servient Parcel resulting from any prohibited use or
activity, the Servient Parcel Owner may also demand that the Residential
Parcel Owner restore the portion of the Servient Parcel so injured.
(2) If any such violation is not corrected on of before the thirtieth(30th) day
following delivery of such notice (or, if the correction cannot reasonably be
made within said thirty(30) day period (with such longer time after such
notice as is reasonably required for a cure), then the Servient Parcel Owner
may bring an action at law or in equity, in court of competent jurisdiction, to
enforce the above conditions and restrictions, to enjoin the violation, ex parte
as necessary, by temporary or permanent injunction, to recover any damages
to which it may be entitled for a violation, including damages for the loss of
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10/29/97 —8—
scenic, aesthetic, or environmental values as a consequence of the violation,
and to require the restoration of the Servient Parcel to the condition that
existed prior to injury. Without limiting the Residential Parcel Owner's
liability therefore, the Servient Parcel Owners, in their sole discretion, may
apply any damages recovered from the Residential Parcel Owner to the cost of
undertaking any corrective action required as a consequence of the Residential
Parcel Owner's default. If circumstances require immediate action to correct
a violation by a Residential Parcel Owner and said owner, in its good faith
discretion, believes that the Residential Parcel Owners will not promptly
commence, or will not thereafter diligently complete, such action so as to cure
the violation in a timely manner, then the Servient Parcel Owner may pursue
its remedies under this Agreement without prior notice to the Residential
Parcel Owners or without waiting for the period provided for cure to expire.
(3) The rights of the Servient Parcel Owners under this Subsection apply equally
in the event of either actual or threatened violations, and the Residential Parcel
Owners agree that said Servient Parcel Owners' remedies at law for any
violation are inadequate and that they shall be entitled to the injunctive relief
described in this paragraph, both prohibitive and mandatory, in addition to
such other relief to which the Servient Parcel Owners may be entitled,
including specific performance, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. The
remedies of the Servient Parcel Owners described in this Section shall be
cumulative and shall be in addition to all remedies now or hereinafter existing
at law or in equity.
5. Indemnification. The Residential Parcel Owners shall indemnify, defend, and hold
harmless the Servient Parcel Owners and their employees, agents, successors and assigns from any
and all liability for injury to the employees, agents, or invitees, or to any other person and from any
and all damage or loss of the property of such persons, to the extent such injury, damage or loss
results from, arises out of, or is attributable to the use, installation, construction, operation,
maintenance, or lack of maintenance of Water Equipment owned, used or installed for the benefit of
said Residential Parcel Owner or its Residential Parcel. Except to the extent of the willful
misconduct or gross negligence of a Servient Parcel Owner, the Residential Parcel Owners hereby
waive any and all rights to any type of express or implied indemnity or right of contribution from the
Servient Parcel Owners with respect to any liability resulting from, growing out o> or in any way
connected with or incident to the use, installation, construction, operation, maintenance, or lack of
maintenance of Water Equipment installed pursuant to this Agreement on a Servient Parcel by a
Residential Parcel Owner.
6. Easements Run With the Land; Recordation of Agreement and Relocations.
This Agreement shall be recorded with the County Recorder for the County of San Mateo, State of
California and, upon such recordation, all of the provisions, agreements, rights, powers, covenants,
conditions and obligations contained in this Agreement (a) shall become binding upon and inure to
the benefit of the Residential Parcel Owners and their respective heirs, successors-in-interest, assigns,
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devisees, administrators, representatives, and lessees and to all other persons acquiring any interest
in a Residential Parcel, whether by operation of law or otherwise, (b) shall be equitable servitudes
and covenants running with the land pursuant to applicable law, including without limitation
California Civil Code Sections 1462 and 1468, and (c) shall be binding upon the Servient Parcels, the
Owners of the Servient Parcels and their respective successors and assigns, and (d) shall be superior
to all other encumbrances applied against or in favor of all or any portion of the Servient Parcels. If
the Water Well Easement Area is relocated in accordance with the terms of this Agreement, such
relocation shall be deemed effective when a notice of the relocation, executed and acknowledged by
the affected Servient Parcel Owner(s) and the Residential Parcel Owner(s) required by the terms of
this Agreement to execute such documents, is recorded in the Official Records of San Mateo
County, California. The easements created by this Agreement are appurtenant to, and are granted
for the sole the purpose of supplying water to, the Residential Parcels and therefore are not personal
to Residential Parcel Owners and can be used only in connection with the Residential Parcel Owners'
ownership of the Residential Parcels. The rights and obligations conferred upon Residential Parcel
Owners pursuant to this Agreement shall not be transferred or assigned to any other party, except
together with the sale or assignment of a Residential Parcel.
7. Deed of Trust Protection. Except to the extent subordination agreements are
recorded concurrently herewith or hereafter, the rights and obligations created by this Agreement are
subject and subordinate only to any and all existing covenants, conditions and restrictions, easements,
liens and encumbrances affecting a Servient Parcel and of public record on the date this Agreement is
recorded. No breach of this Agreement shall defeat, render invalid, discharge or impair the lien of
any deed of trust on said parcels, or any portion thereof made in good faith and for value, but the
covenants and restrictions, easements, and conditions contained herein shall be binding upon and
effective against any party who acquires title to a Residential Parcel or a Servient Parcel, or any
portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise, pursuant to
such deed of trust.
8. Negation of Partnership and Third Party Rights, None of the terms or provisions
of this Agreement shall be deemed to create a partnership between the Servient Parcel Owners and
the Residential Parcel Owners, or any of them; nor shall this Agreement cause them to be considered
or deemed to be joint venturers or members of any joint enterprise. This Agreement is not intended,
nor shall it be construed, to create any third party beneficiary rights in or for the benefit of any
person who is not a party hereto, except as otherwise expressly provided to the contrary in this
Agreement.
9. Miscellaneous,
A. Headings. The titles and headings of the various Sections of this Agreement
are intended solely for convenience of reference and are not intended to explain, modify or place any-
construction on any of the provisions of this Agreement.
B. Entire Agreement. This Agreement,which includes the Exhibits, contains all
representations and the entire understanding and agreement between MROSD, POST and
Residential Parcel Owner concerning the subject matter of this Agreement. Correspondence,
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memoranda, or oral or written agreements which originated before the date of this Agreement and
relating to the subject matter hereof are replaced in total by this Agreement unless otherwise
expressly stated in this Agreement.
C. Amendments. This Agreement shall not be altered or modified except by a
writing signed by the affected Servient Parcel Owner(s) and the affected Residential Parcel Owner(s)
and recorded in the County of San Mateo Recorder's Office. No amendment shall adversely affect
the rights of the holder of any mortgage of record prior to the recordation of such amendment.
D. Further Assurances. Each parry shall execute and delivery, in recordable
form if so requested, such documents as are reasonably necessary or appropriate to carry out the
terms, conditions and intent of this Agreement.
E. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California that would apply if each and every one of the
owners of the Residential Parcel and/or the Servient Parcels were residents of California and the
Agreement was made and performed in California.
F. Disputes& Attorney sy ' Fees.
(1) Enforcement of the conditions and restrictions of this Agreement shall be
at the discretion of MROSD, POST and each Residential Parcel Owner, and any forbearance by any
of them to exercise their respective rights under this Agreement in the event of any breach of any
condition or restriction of this Agreement shall not be deemed or construed to be a waiver of any
such conditions or restrictions or of any subsequent breach of the same or any other obligation under
this Agreement, and shall not be chargeable to any other party. No delay or omission by a Servient
Parcel Owner or by a Residential Parcel Owner in the exercise of any right or remedy upon any
breach of this Agreement shall impair such right or remedy or be construed as a waiver.
(2) The Residential Parcel Owners waive any defense based on a delay in
enforcing or a failure to enforce its rights or remedies, laches or prescription in any action or
proceeding, including, but not limited to, arbitration brought by Grantors to enforce or to interpret
the provisions of this Agreement. The foregoing, however, shall not extend the time permitted for
the giving or withholding of Consent, when such time is expressly set forth in this Agreement.
(3)In the event of litigation or arbitration between the parties arising out of or
relating to this Agreement, the prevailing party will be entitled to recover court or arbitration costs
and reasonable fees of attorneys, accountants and expert witnesses incurred by such party in
connection with the action or arbitration, including such costs and fees incurred because of any
appeals. The prevailing party also shall be entitled to recover all such costs and fees that may be
incurred in enforcing any judgment or award.
(4) Nothing contained in this Agreement shall be construed to diminish the
remedies otherwise available to any party under law or in equity and this provision shall not be
merged into any judgment but shall survive any judgment.
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G. Notices. Any notices given under this Agreement shall be in writing and shall
be served either(i) personally, or(ii) delivered by overnight U. S. Mail with postage prepaid, or(iii)
delivered by a nationally recognized overnight commercial courier service with charges prepaid.
Notices may also be effectively given by transmittal over electronic transmitting devices if the party
to whom the notice is being sent has a receiving device in its office, and provided a complete copy of
the notice shall also be served either personally or in the same manner as required for mailed or
couriered notices. Notices shall be deemed received at the earlier of actual receipt or one business
day following deposit in U.S. Mail or with a nationally recognized commercial courier with charges
prepaid. Notices shall be addressed, for each Parcel, to the mailing address to which the Tax
Assessor of the County of San Mateo is required to send ad valorem property tax statements (or
exemption certificates) for said Parcel.
H. Gender and Number. As used in this Agreement, the masculine, feminine and
neuter gender, and the singular or plural number, shall include the others whenever the context so
indicates.
I. Cross-References. All cross-references in this Agreement, unless specifically
directed to another agreement or document, refer to provisions with this Agreement, and shall not be
deemed to be references to the overall transaction or to any other agreements or documents.
I Severabilit_v. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision
of which is binding upon the parties, then the parties agree that such determination shall not result in
the nullity or unenforceability of the remaining portions of this Agreement. They further agree to
replace such void or unenforceable provisions with provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
K. Exhibit,g. All Exhibits referred to in this Agreement as attached are
incorporated in the Agreement in their entirety by reference.
L. Authori , &Liens. Each of the persons executing this Agreement represents
that they have full right and authority to execute Agreement and the signature of no other person is
required to create a valid easement on or for the benefit of the Parcel for whom his/her signature is
given.
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IN WITNESS OF, the parties have executed this Agreement as of the dates set forth below
their signatures below.
"RESIDENTIAL PARCEL OWNERS"
Date:
NORIO SUGANO, Trustee of the Norio Sugano
1996 Trust, dated October 10, 1996
The sole owner of the Property described on Exhibit B-1
Whose Address for Notices is:
Date:
DALE R. PFAU, husband
Date:
CATHRYN S. GAWNE, wife
The sole owners of the Property described on Exhibit B-2
Whose Address for Notices is:
1UV40MEv)ss%K3MrAIEY\M111V LFS4 —13—
10/29/97
Date:
THOMAS B. OKARMA, husband
Date:
MARY E. OKARMA, wife
The sole owners of the Property described on Exhibit B-3
Whose Address for Notices is:
Date:
ALYSON R. GOUDY, Trustee under Trust
Agreement, U/T/A dated October 3, 1988
The sole owner of the Property described on Exhibit B4
Whose Address for Notices is:
H:410Nffi)D&S\NK3CNNEY\WTWTRY,S4
10/29/97 —14—
Date:
DONALD KIRK MCKIrNNEY, Trustee of the
McKinney Family Trust, U/D/T dated June 2, 1986
Date:
REBECCA MCDANIEL MCKINNEY, Trustee
of the McKinney Family Trust,U/D/T dated
June 2, 1986
As(upon the closing of the purchase of the
property described on Exhibit B-5 from POST)
the sole owners of said property
Whose address for notices is:
x:\H0W=SNCK NWY\DLSTVMFS4
ior&W —15—
"POST"
PENINSULA OPEN SPACE TRUST,
a California nonprofit public benefit corporation,
as the sole owner of the Property described on Exhibit B-5
By: Date:
Its:
By: Date:
Its:
Whose Address for Notices is:
H:\IIOME\DSSIMCKINNEYTOTWrR.ES4
10/29/97 —16—
"MROSD"
NMPENINSULA REGIONAL
OPEN SPACE DISTRICT,
a California government agency,
as the sole owner of the Servient Parcel
described on Exhibit C-2
By: Date:
Its:
By: Date:
Its:
Whose address for notices is:
x:
iorm —17—
rr
SCHEDULE OF EXHIBITS
Exhibit A Map of Residential and Servient Parcels, the Water Well Easement Area
[show location of Water Supply Equipment described in Exhibit E]
Exhibit B-1 Legal Description of Residential Parcels
through
Exhibit B-5
Exhibit C-1 Legal Descriptions of POST Servient Parcel
Exhibit C-2 Legal Descriptions of MROSD Servient Parcel
Exhibit D Legal Description of Water Well Easement Area
HAH0N4ff0SS%4CIMgNEYMTWTR,S4
10/29/97 —1—
Regional Open . _ ace
1
R-97-155 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
November 12, 1997
AGENDA ITEM 3
AGENDA ITEM
Notice of Contract Completion for FEMA-funded Landslide Repair Projects - Skyline Ridge
Open Space Preserve, St. Joseph's Hill Open Space Preserve, Monte Bello Open Space
Preserve, Purisima Creek Open Space:Preserve, and ng Ridge Open Space Preserve
Authorize execution by the President of the Board of the attached Notices of Completion of
Contract and Acceptance of Work for each of five FEMA-funded landslide repair projects:
1. Driveway to Life Estate area at Skyline Ridge Open Space Preserve
2. Jones Trail at St. Joseph's Hill Open Space Preserve
3. Canyon Trail at Monte Bello Open Space Preserve
4. Upper Purisima Road at Purisima Creek Open Space Preserve
5. School Road at Long Ridge Open Space Preserve
DISCUSSION
At your July 23, 1997 meeting you awarded a contract to Bianchi Construction for repair of
the driveway on Alpine Road leading to the life estate area at Skyline Ridge Open Space
Preserve (see report R-97-107). This was the first of five Federal Emergency Management
Agency (FEMA)- funded landslide repair projects that were undertaken this summer. At your
August 13, 1997 meeting you awarded a contract for repair of a landslide on Jones Trail in St.
Joseph's Hill Open Space Preserve, also to Bianchi Construction; approved an increase in the
contract for engineering services on all five landslide repair projects; and reviewed the overall
costs to date and budget estimates for the five projects (see reports R-97-120 and R-97-122).
At your August 27, 1997 meeting you awarded contracts for the remaining three landslide
repair projects, including Canyon Trail at Monte Bello Open Space Preserve, Upper Purisima
Road at Purisima Creek Open Space Preserve, and School Road at Long Ridge Open Space
Preserve. Low bidder on all three projects was TKO Construction (see reports R-97-128 and
R-97-133).
All five landslide repair projects are now completed, except for minor additional work that was
not part of the original construction contracts. They were designed, bid, and constructed on an
330 Distel Circle• Los Altos, CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
R-97-155 Page 2
extremely fast-track schedule. Emergency permits on the three projects in San Mateo County
were obtained to allow after-the-fact permit approval by the County. The St. Joseph's Hill
project required grading and building permits from the Town of Los Gatos that were obtained
after contract award. A waiver of permit requirements was obtained from Santa Clara County
for the Monte Bello project. On some of the projects a substantial amount of tree removal
work was required prior to the landslide repairs, and substantial erosion control work was
required after the repairs were complete. This work was performed by other contractors
separately from the main construction contracts. All the projects have been successfully
completed and approved by the permitting agencies. Staff has been pleased with the
performance of the consultants, Terratech Engineers, and both contractors.
The attached table shows the final cost of the projects, updating the table that was provided to
you on August 13. A table of additional work is also attached showing the construction costs
as either incurred or estimated in addition to the original construction contracts. Many of
these costs were anticipated in the August 13 estimate. They include items added to the
project to improve existing drainage in the area, conditions imposed by the permitting
agencies, and the tree removal and winterization work. Some elements of fencing and
winterization work remain to be completed (where indicated as "estimated" on the summary of
additional work). These are W part of the construction contracts on which Notice of
Completion is being proposed. The total combined cost of$314,033 estimated in the August
13 report was exceeded by $23,638, primarily due to additional winterization work required
by San Mateo County and additional fencing and drainage work requested by field staff. This
work was determined to be necessary to ensure protection of resources and for safety/liability
reasons.
Planning and acquisition/enterprise staff have requested final inspections on the projects from
the State Office of Emergency Services, which acts on behalf of FEMA in this regard. This
will begin the process of formally requesting full reimbursement for all the above project
costs. Ten percent of the contractor payments on each project have been withheld in
accordance with the contract documents and specifications. Checks for the remaining amounts
will be issued in 35 days, which allows adequate time to review evidence that all payrolls,
material bills, and other indebtedness connected with the projects have been paid.
Prepared by:
Randy Anderson, Senior Planner
Contact:
Same as above
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and George Bianchi Construction, Inc. as Contractor
therein, bearing the date August 5, 1997 for construction of. a driveway repair project and
appurtenant facilities upon lands of said District known as Skyline Ridge Open Space
Preserve — situated in unincorporated San Mateo County State of California, was
completed by the said Contractor, on the 5th day of November, 1997 .
Upon said contract, Financial Pacific Insurance Company was surety on the bond
given by said George Bianchi Construction, Inc.- the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title, and encroachment permit on County right-of-way.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 12th day of November, 1997 , authorizing and directing the execution of
this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
12th day of November, 1997 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Mary C. Davey
President, Board of Directors
Dated:
Signed in Los Altos, California
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and George Bianchi Construction, Inc. as Contractor
therein, bearing the date August 25, 1997 for construction of a trail repair project and
appurtenant facilities upon lands of said District known as St. Joseph's Hill Open Space
Preserve - situated in the Town of Los Gatos, State of California, was completed by the
said Contractor, on the 5th day of November, 1997 .
Upon said contract, Financial Pacific Insurance Company was surety on the bond
given by said George Bianchi Construction, Inc.- the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 12th day of November, 1997 , authorizing and directing the execution of
this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
12th day of November, 1997 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Mary C. Davey
President, Board of Directors
Dated:
Signed in Los Altos, California
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and T.K.O. Construction, Tim K. Oden, owner as
Contractor therein, bearing the date September 2, 1997 for construction of a trail repair
project and appurtenant facilities upon lands of said District known as Purisima Creek
Redwoods Open Space Preserve— situated in unincorporated San Mateo County,— State
of California, was completed by the said Contractor, on the 5th day of November, 1997.
Upon said contract, American Contractors Indemnity Company was surety on the
bond given by said T.K.O. Construction, . the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 12th day of November, 1997 , authorizing and directing the execution of
this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
1 2th day of November, 1997 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Mary C. Davey
President, Board of Directors
Dated:
Signed in Los Altos, California
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and T.K.O. Construction, Tim K. Oden, owner as
Contractor therein, bearing the date September 2, 1997 for construction of a road repair
project and appurtenant facilities upon lands of said District known as Long Ridge Open
Space Preserve situated in unincorporated San Mateo County, State of California, was
completed by the said Contractor, on the 5th day of November, 1997 .
Upon said contract, American Contractors Indemnity Company was surety on the
bond given by said T.K.O. Construction, . the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 12th day of November, 1997 , authorizing and directing the execution of
this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
12th day of November, 1997 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Mary C. Davey
President, Board of Directors
Dated:
Signed in Los Altos, California
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula
Regional Open Space District, pursuant to State law that work to be performed under the
contract heretofore made and executed by and between the Midpeninsula Regional Open
Space District, as Owner therein and T.K.O. Construction, Tim K. Oden, owner as
Contractor therein, bearing the date September 2, 1997 for construction of a road repair
proiect and appurtenant facilities upon lands of said District known as Long Ridge Open
Space Preserve situated in unincorporated San Mateo County, State of California, was
completed by the said Contractor, on the 5th day of November, 1997 .
Upon said contract, American Contractors Indemnity Company was surety on the
bond given by said T.K.O. Construction, . the said Contractor, as required by law.
That the title of said District to the real property upon which said work and contract
was performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel
Circle, Los Altos, CA 94022
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and
given on the 12th day of November, 1997 , authorizing and directing the execution of
this instrument, the said District has caused these presents to be executed in its name,
authenticated by the signature the Vice President of the said Board of Directors this
12th day of November, 1997 , in Los Altos, California.
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
Mary C. Davey
President, Board of Directors
Dated:
Signed in Los Altos, California
LANDSLIDE REPAIR PROJECTS
ADDITIONAL WORK
11/05/97
Cell No. Description $Amount $ Total
A .' E2OA I WAS''
Al Fill additional slip areas $2,000
A2 Additional winterization $498
A3 S lit rail fence(estimate) $2,500
$4,998
7t3NES TRAID
B1 Raise fence height/Additional fencing $800
$800
1�It l l TE BELLL CANY()N TRAIL.
.
C 1 jAdditional tree removal&grading $2,000
C2 jBicycle traffic control $1,266
C3 lWinterization(estimate) $2,500
$5,766
S {l ? 1iQA ►
D1 lAdditional excavation/Base rock $9,227
D2 Tree removal $4,450
D3 Culvert installation $4,600
D4 Culvert replacement,dissa ater $8,800
D5 Slope stabilization/winterization $10,812
$37,889
PUMSIMA
El Additional wall panel/Erosion control $2,350
E2 Gmdmg dminage ditch/Additional rock $1,275
E3 Tree removal $2,200
E4 Winterization $996
ES lChain link fence(estimate) 1 $2,500
$9,321
Total Additional Construction Costs: $58,774
b&ptsl1ao&lide.x6 Additional work
i
SUMMARY OF EXPENSES
FEMA LANDSLIDE REPAIR PROJECTS
11n197
Consultant Costs Construction Costs
Consultant ConIstruction
Consultant Cost per Additional Total Cost per.:- Total,Costs
Permit/Ad Cost to 8II319? Construction Construction Construction W3197 per 9/13/97 Total Costs to
Project Costs Complete Estimate Contract Costs Cost Estimate Estimate Com lete
Alpine Road Drivewa $5,709 $17 327 $19 360 $63 913 $4 998 $68,91167 l09 $92 2371( $91,947
Jones Trail $1,691 $14,991 $12 431 $44 491 $800 $45,291 $46 725 $63 058 $61,973
Monte Bello Trail $615 $12,272 $19 415' $23,100 $5 766 $28,866 $29 400 $48 815 $41,753
School Road $3,260 $19,106 $13,452 $18,000 $37 889 $55,889 126,250 $42 896 $78,255
purisima Road $4,716 $11,906 $18 942: $37,800 $9,321 $47,121 ;$43 575 $67027'< $63,743
TOTAL: $15,991 $75,602 $83 600 $187,304 $58 774 $246 078 $213 059 $3I4,033' $337,671
Note: Shaded area represents previous authorized costs
bd"Van";dxIs FEMA Expenses
Regional
- U
R-97-152 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
November 12, 1997
AGENDA MM 4
AGENDA
Alpine Road Encroachment Agreement for the Life Estate nvewAy at Skyline Ridge Open
Space Preserve
GENERALMANAGER'S RECOMMENDATION
Adopt the accompanying resolution authorizing the President of the Board to execute the
attached Encroachment Agreement with San Mateo County
DISCUSSION
At your regular meeting of July 23, 1997 you awarded a construction contract for the repair of
a landslide on the driveway leading to the designated life estate area (former Bullis / Bach
property) on Skyline Ridge Open Space Preserve (see report R-97-107). The driveway is
located partially within the 60' county-owned right-of-way for Alpine Road. The landslide
repair project required the construction of a retaining wall in the County road right-of-way. In
accordance with standard County procedure, the Department of Public Works has requested
the execution of an agreement that the District will maintain the retaining wall, and remove it
at the District's expense if required by the County for future road improvement purposes. It is
unlikely that the County would ever exercise the latter requirement.
Prepared by:
Randy Anderson,
Senior Planner
Contact person:
same as above
330 Distel Circle * Los Altos, CA 94022-1404 « Phone:415-691-1200
FAX:415-691-0485 E-mail: mrosd@openspace.org * Web site:www.openspace.org
Board or Directors:Pete Siemens,Mary C. Davey,Jed Cyr', David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz^ General hlarmger:L.Craig Britton
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF ENCROACHMENT
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(SKYLINE RIDGE OPEN SPACE PRESERVE - ALPINE
ROAD ENCROACHMENT)
The Board of Directors of the Midpeninsula Open Space District does resolve as
follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept that certain Agreement (for District encroachment on Alpine Road)
between the County of San Mateo 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 General Manager of the District shall cause to be given appropriate
notice of acceptance to the seller. The General Manager further is authorized to execute any
and all other documents in escrow necessary or appropriate to the closing of the transaction.
FA ISI"RS\Al)ki[N\]'&S\I'rRMI'I'S\ENCROACI 1\1 997\KIROSPAGR
A.P.N.-057-081-050 NRC:KSA: X-78-B/D-4
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19—, by and between the COUNTY OF SAN MATEO, a political subdivision of the State of
California, hereinafter called the "County", and MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT hereinafter called "Permittee",
W I T N E-S !i E T 11:
WHEREAS, Permittee is the owner of real property in the County of San Mateo, State of
California, and has requested issuance of a GRADING Permit from the County, for an emergency
slide repair and the construction of a new retaining wall which encroach into public right-of-way
on Alpine Road fronting the property described in Exhibit "A" attached hereto, and
WHEREAS, the proposed new retaining wall encroaches into the public right-of-way of
Alpine Road, and
WIIEREAS, there is no impediment to the use of the right-of-way at this time, and
WHEREAS, for and in consideration of and as a condition for approval by County of a
Grading Permit, Perinittee is willing to repair, restore, maintain, relocate and/or remove the
proposed new retaining wall from the right-of-way at Permittee's own expense upon demand of
County should they become an impediment to the exercise of County's right within the right-of-
way of Alpine Road
NOW, THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES, as
follows:
1. The real property subject to this agreement is described in Exhibit "A"
attached hereto. Upon annexation of said real property to any city, Permittee agrees to fulfill all
of the terms of this agreement upon demand by such city as though the Permittee has contracted
with such city originally. Any annexing city shall have the rights of a third party beneficiary.
2. Permittee agrees to repair, restore, relocate, maintain, and/or remove that
portion of the new retaining wall that is encroaching into the Alpine Road right-of-way at
Permittee's own expense upon demand of County.
3. In the event that Alpine Road is realigned or adjusted in elevation with the
result that said encroachments must be altered, reconstructed or removed, the County may notify
Permittee at any time in writing to commence the required alteration, reconstruction or removal.
The notice shall be sufficient if mailed to the owner of record of said property at the address
shown on the latest adopted County assessment roll. The notice shall describe the work to be
done by the Permittee, or successor in ownership, the time within which the work shall commence
and the time within which it shall be completed.
4. The Permittee shall indemnify and save harmless the County, its officers,
agents, employee, and servants from all claims, suits or actions of every name, kind and
description, brought for, or on account of injuries to or death of any person, including Permittee,
or damage to property of any kind whatsoever and to whomever belonging, including but not
limited to, the concurrent active or passive negligence of the County, officers, agent, or
employees and servants, resulting from the installation, maintenance, use and/or existence of said
encroachment within the Alpine Road right-of-way as authorized and required by this agreement
- 2 -
of Permittee, provided that this shall not apply to injuries or damage for which County has been
found in a court of competent jurisdiction to be solely liable by reason of its own negligence or
willful misconduct.
The duty of the Permittee to indemnify and save harmless as set forth
herein, shall include the duty to defend as set forth in section 2778 of the California Civil Code.
5. Should legal action be necessary to enforce any provision of this
agreement, Permittee agrees to pay all reasonable attorney fees and costs incurred by County in
connection therewith.
6. This agreement shall be recorded by County. All covenants herein
contained shall pertain to and run with the real property described herein, and this agreement shall
apply to, bind and inure to the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their duly authorized officers on the day and year first above written.
"Permittee" "County"
MIDPENINSULA REGIONAL COUNTY OF SAN MATEO
OPEN SPACE DISTRICT
BY: BY:
President, Board of Directors President, Board of Supervisors
ATTEST: ATTEST:
Acting District Clerk Clerk of said Board
- 3 -
"EXHIBIT A"
That certain real property as described in Document No. G580 at Page 502 filed in the Recorder's
Office of the County of Santa Clara, State of California.
Regional Open , , ace
1 -
R-97-159 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
November 12, 1997
AGENDA ITEM 5
AGENDA ITEM
Increase the Contract for Construction of the Windy Hill Open Space Preserve Public Access
Improvements in an amount not to exceed $25,088.00 to Create a Contingency Fund for Additional
Expenses or Changes Beyond the Scope of the Original Contract
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute construction chang orders with the ens Hansen Company
of San Carlos, for a sum not to exceed $25,088 (10% of the original contract amount) for additional
expenses or changes encountered during construction of the project.
Background: At your August 27, 1997 meeting, you authorized the General Manager to enter into a
contract with the Jens Hansen Company of San Carlos for $250,878 for the construction of the Windy
Hill Open Space Preserve parking lot and associated improvements. Construction started on
September 15, 1997. Most of the site drainage features are installed and the parking lot is graded and
surfaced with baserock. The landscape layout is also complete. The project was delayed for 15
working days due to wet weather in early October and a series of on-site meetings which occurred
early during the construction process. The project is anticipated for completion on November 26.
Several unanticipated expenses have been identified by the contractor which require the issuance of
change orders to provide for additional fill material, extend an existing culvert beneath the new
driveway, and make landscaping revisions. The landscape architect has reviewed the change orders
and determined that they are reasonable.
Most public works projects allow 10-15% of the contract price for contingencies encountered during
construction. Creating a contingency fund of$25,088 will allow staff to quickly authorize legitimate
change orders without affecting the project schedule.
Even with your approval of this item the project will remain within the approved budget for this
project. A full accounting of the project will be included with your consideration of the Notice of
Completion for this project, anticipated for your December 10 meeting.
Prepared by:
Mary de Beauvieres, Open Space Planner
Contact:
Same as above
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200
FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
Regional Open ice
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-158
Meeting 97-34
November 12, 1997
AGENDA ITEM 6
AGENDA ITEM
Approval of Expenditure for Attendance at the Peninsula nervation Center Foundation
Awards Luncheon
GENERALM R O E D�Ti
1. Authorize the expenditure of$150.00 for two staff members and one Board member to
attend the Peninsula Conservation Center Foundation awards luncheon, at which the
District will be receiving an award
2. Consider the attached request from Director M. Davey that instead of sending only
three District representatives, the District sponsor a total of ten attendees to the
luncheon for a total of$500.00.
DISCUSSION
At your October 8, 1997 meeting, you were advised during informational reports that the
District's outdoor education program, Spaces and Species, was the 1997 Business
Environmental Award winner in the Educational Outreach category, presented by the
Peninsula Conservation Center Foundation (PCCF).
The PCCF has scheduled a luncheon to present the awards, at a cost of$50 per person. It
would be appropriate for C. Bruins and C. Solomon, who are directly responsible for the
-program, and one Board member, B. Crowder as vice-president, to attend this awards
luncheon.
Since a portion of the $50 per person cost is considered a charitable contribution to the PCCF,
Board approval is required for the recommended expenditure, which totals $150.
In addition, attached for your consideration is a memo from Director Davey requesting that
instead, the District send ten attendees to the event at a total cost of$500.
Prepared by:
M. Smith, Public Affairs Manager
Contact person:
Same
r
T44 WCF�v �
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton
MaA9 and JacK Dak.,eq 650 941 3022 P. 02
MARY C. DAVEY
12645 LA CRESTA DRIVE,
LOS ALTOS HILLS, CA 94022-2512
Phone; 650-941-0876- Fax: 650-941-30ZZ
email* daveytribe@juno.com
Memo to Board Members November 7, 1997
From Mary Davey
At the November 14, 1997 Business Environmental Awards
luncheon, the District's Outdoor Education Program will be given an
award for excellence along with several businesses and Stanford
University. This event usually attracts 450-500 people and Is a
marvelous opportunity to talk with conservation/environmental
groups, business/industry people and government representatives.
The Environmental Volunteers, the District's partner in our 25th
anniversary event won an award last year.
On the agenda is a request to buy three tickets to the event ($150) so
that deserving MROSD staff members associated with this wonderful
program can attend and receive the award as a group. I am buying
my own ticket, and my hope is that the District can purchase at least
these three and seven more ($350) for participating staff. Because
part of the ticket price is a contribution to the Business
Environmental Awards program (a 5 01(c)3 group), Sue Schectman
advises us that the Board needs to vote on this expenditure.
I view this expenditure as similar to our membership In all the
Chambers of Commerce in our district, memberships In a group of
conservation organizations and underwriting the two tours the
District held for elected officials (and spouses and guests) In San
Mateo and Santa Clara Counties.
When the times comes, we will surely need the support of these
groups and agencies when we want to expand the district or generate
support for a bond issue to preserve more open space-
Regional Open . - ice
R-97-145 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
November 12, 1997
AGENDA ITEM _ 7
AGENDA ITEM
Review of 1996-1997 Actual Budget Expenditures and Mid-Year Review of 1997-1998 Budget
1997 ADMMST ATION AND BUDGET COMMITTEE'S RECOMMENDATION
Accept this report of the Administration and Budget Committee and the attached Controller's
Mid-Year Financial Review
DISCUSSION
The Administration and Budget Committee met on October 28 and November 3 with the
General Manager and Program Managers to review 1996-1997 actual versus projected budget
expenditures, and the status of the current budget through September 30, 1997. The
Committee is satisfied that the budget is within established guidelines and there is no current
need for any budget adjustments.
The Committee also met with District Controller M. Foster to review his mid-year financial
report. The Controller indicated that the financial conditions for the first six months are in
excellent order and consistent with the District's long-term financial program. A copy of the
Controller's report is attached for your review.
Prepared by:
Administration and Budget Committee
Directors Cyr (chair), Nitz, and Siemens
D. Dolan, Acting Administrative Services Manager
Contact person:
Director Cyr
4_ 4
Celebrate 25 Years of Open Space Preservation
330 Distel Circle Los Altos CA 94022-1404 0 Phone:650-691-1200
1972-1997 FAX:650-691-0485 * E-mail:mrosd@openspace.org a web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz Genera!Manager.L.Craig Britton
Regional
Im
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M-97-01
MEMORANDUM
October 28, 1997
TO: Board of Directors
FROM: M. Foster, Controller
SUBJECT: Mid-Year Financial Review
CONTROLLER'S REPORT
Attached are unaudited financial statements for the six months ended September 30, 1997.
Exhibit A contains the District's September 30 balance sheet compared to our audited position on
March 31. Our cash balance is down $3.4 million due to debt service payments, normal cash
expenses and the return of a$1.1 million overpayment to Santa Clara County. It should be noted
that $5.4 million of the $16.3 million cash balance are reserve funds to secure outstanding public
notes and, therefore, not available to fund District expenditures. The District purchased only
$616,000 of new land in this six month period. These additions are detailed in Exhibit F. The
District bonded indebtedness is now approximately 82% of our statutory debt ceiling.
Exhibit B shows our six month revenues compared to the same period a year ago and to the
twelve month budget. Tax receipts in this period are down 26% from the prior year period
because the District returned a$1.13 million over payment to Santa Clara County. In June, Santa
Clara County notified us that it had paid the District $1.13 million extra tax revenue in October
1996. We recognized that there had been an over payment but believed, based on assessed
valuation(AV) data from California Municipal Statistics, that the over payment was $998,500.
We also noticed that April-June 1997 tax revenue from Santa Clara County was substantially
below expectations. Discussions with the county did not resolve all of the confusion but we
learned that the April-June 1997 payments had been in error and the District subsequently
received an additional $618,000 in July-August 1997. Again, this amount was slightly below
expectations, based on AV data.
In order to understand the situation, we retained a consultant, David Mealy, with an expertise in
property tax analysis. Based on his investigation, Mr. Mealy believes the county's calculations are
correct. The difference is that our AV data(the same AV data we have reliably used for years
and is included in our note prospectuses) is not adjusted for assessment appeals. This is not
normally significant but had a big impact on 1995-1996 and 1996-1997. Published AV data for
the District portion of Santa Clara County shows current secured AV up 2.5%in 1995-1996 and
._. ._
T U z UkU Ste 1
Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos,CA 94022-1404 * Phone:650-691-1200
1972-1997• FAX: 650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,.Betsy Crowder,Kenneth C.Nitz a General Manager:L.Craig Britton
M-97-01 Page 2
3.91/6 in 1996-1997. After the impact of appeals, the real increase was 0.2%in 1995-1996 and
2.9% in 1996-1997. The net effect is that the District received about $250,000 less tax revenue in
this two year period than was shown in the March 1997 budget analysis(also reducing the base
for future tax revenue). Mr. Mealy also reports that there is a two year lag in resolving appeals in
Santa Clara County. Since substantial appeals were filed in 1995-1997, we should expect some
revenue reductions at least through 1998-1999. Tax revenue from San Mateo County continues
to closely track published AV data. Exhibit G presents a complete summary of tax revenue for
fiscal years 1994-1998.
The good news is that the AV increases for current secured property in 1997-1998, estimated at
7%in Santa Clara and at least 7% in San Mateo, are above the budget assumption of 4.5%.
Therefore, despite the lower base, the District should receive about $100,000 more tax revenue in
1997-1998 than budgeted. This preserved the long-term District revenue model. Interest income
will exceed budget due to the slow pace of land acquisition.
Exhibits C, D, and E review six month operational and development spending against the twelve
month budget(C), versus the time-phased six month budget(D), and compared to the same
period last year(E). The District spent 46% of its total twelve month administrative, operations,
and development budget during the first six months. This is comparable to the levels at mid-year
in the prior five years(45%, 42%, 46%, 41%, 45%). By program, six month(non-land purchase)
spending versus twelve month budget was Administration 48%, Public Communication 42%,
Operations 51%, Planning 38%, and Acquisition/Enterprise 39%. Benefits are below budget
because, due to the bull stock market, the District continues to run a surplus in its PERS account.
Management estimates that all but about $50,000 of the $1 million budget for structures and
improvements will be spent this year.
Six month spending was $766,300 (22%)below the time-phased program budgets, a smaller
variance than the 27% mid-year underrun of last year. The timephased budgets are usually front-
loaded. It is reasonably safe to assume that overall (non-land purchase) spending will be at least
$250,000 (4%)under budget.
As shown in Exhibit E, administration, operational, and development spending is up 5%from last
year's spending rate. Over the last three year and five year periods, total salary expenses and total
District expenses(excluding land purchases and debt service) have each increased at a 4% annual
compound rate.
Overall, the financial results of the first six months indicate revenues and expenditures are
consistent with the district's long-term financial plans.
Prepared by:
Bunny Congdon, Accounting Specialist
Michael Foster, Controller
Contact person:
Michael Foster
EXHIBIT A
------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 31 and September 30, 1997
(Thousands)
September 30, 1997 March 31, 1997
(Unaudited) (Audited)
------------------------- ------------------------
Cash and Equivalents $16,282.3 $19,669.9
Receivables 816.9 1,703.5
Prepaid Expenses 30.7 21.3
Land, at cost 161,094.8 160,429.4
Equipment 1,684.5 1,543A
Structures and Improvements 7,639.2 7,206.8
TOTAL ASSETS $187,548.4 $190,574.0
------------------------- ------------------------
Accounts Payable 224.4 220.2
Accrued Liabilities 123.1 248.0
Trust Fund -City of Menlo Park 289.2 253.9
Land Contract Debt 728.0 733.8
Public Notes Payable 79,040.2 80,470.2
TOTAL LIABILITIES $80,404.9 $81,926.1
TOTAL EQUITY $107,143.5 $108,647.9
EXHIBIT B
---------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Revenue Verses Prior Year(Unaudited)
(Thousands)
Six Months Ended September 30
-----------------------------------------------
1997 1996
------------------------- ------------------------
Property Taxes $3,443.9 $4,738.7
Tax Subventions 198.4 164.2
Interest Income 359.1 367.6
Grant Income 164.9 174.4
Rental Income 275.9 247.6
Fines 5.0 4.4
Other 25.3 48.6
------------------------- ------------------------
TOTAL RECEIPTS $4,472.5 $5,745.5
Six Month Revenue Versus Twelve Month Budget
Twelve Month Six Month %
Budget Receipts Received
------------------------- ------------------------ -----------------
Property Taxes $10,808.0 $3,443.9 32
Tax Subventions 352.0 198.4 56
Interest Income 845.0 359.1 42
Grant Income 886.0 164.9 19
Enterprise 593.0 275.9 47
Other 50.0 30.3 61
TOTALS $13,534.0 $4,472.5 33
EXHIBIT C
-------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses v. Twelve Month Budget
April -September, 1997
(Thousands)
Twelve Month Six Month %
Budget Spending Spent
------------------------- ------------------------ -----------------
Salaries $2,763.1 $1,260.7 46
Benefits 627.6 176.2 28
Subtotal $3,390.7 $1,436.9 42
Election Expense 0.0 0.0
Other Contract Services 235.9 108.2 46
Vehicle Expense 155.0 80.2 52
Contract Site Maintenance Exp. 194.2 100.0 51
Acquisition Expense (Inc.Legal) 150.0 35.9 24
Structures & Improvements 986.8 422.4 43
Printing & Duplicating 33.8 14.3 42
Rents& Leases 10.0 5.3 53
Training & Conferences 66.1 34.0 51
Equipment&Vehicles 143.5 141.4 99
Insurance 192.5 148.7 77
Utilities 93.2 44.1 47
Postage 74.3 24.7 33
Site Preparation 0.0 0.0
Communications(Publications&Project) 154.4 80.8 52
Other Non-Land 123.7 58.6 47
TOTAL (NON-LAND) $6,004.1 $2,735.5 46
Debt Service 5,979.7 3,564.7 60
Land Option Fees 20.0 15.0 75
Land Acquired 13,003.0 616.0 5
Building Improvements 8.0 10.0 125
TOTAL $25,014.8 $6,941.2 28
EXHIBIT D
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses v. Time-Phased Budget
April - September 1997
(Thousands)
Budget Actual Variance
------------------ ------------------------ -----------------
Salaries $1,382.3 $1,260,7 $121.6
Benefits 313.9 176.2 137.7
Election Expense 0.0 0.0 0.0
Other Contract Services 142.3 108.2 34.1
Vehicle Expense 93.4 80.2 13.2
Contract Site Maintenance Exp. 154.9 100.0 54.9
Acquisition Expense (Inc.Legal) 143.7 35.9 107.8
Structures & Improvements 730.8 422.4 308.4
Printing & Duplicating 19.3 14.3 5.0
Rents & Leases 6.7 5.3 1.4
Training &Conferences 42.0 34.0 8.0
Equipment&Vehicles 140.4 141.4 (1.0)
Insurance 120.0 148.7 (28.7)
Utilities 49.4 44.1 5.3
Postage 17.8 24.7 (6.9)
Site Preparation 0.0 0.0 0.0
Communications(Publications&Project) 48.8 80.9 (32.1)
Other Non-Land 96.1 58.5 37.6
----------------_ ------------------------ -----------------
TOTAL (NON-LAND) $3,501.8 $2,735.5 $766.3
DEBT SERVICE
-------------
Principal Repayment 1,436.1 1,436.1 0.0
Interest 2,272.3 2,128.6 143.7
------------- --------- - --------------- ---------------
Total Principal & Interest $3,708.4 $3,564.7 $143.7
EXHIBIT E
--------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating Expenses
FY 1997-98 v. FY 1996-97
(Thousands)
Six Months Ended September 30
----------------------------------------------
1997 1996 % Increase
------------------------- ----------------------- -----------------
Salaries $1,260.7 $1,193.5 6
Benefits 176.2 273.8 (36)
Other Contract Services 108.2 131.8 (18)
Vehicle Expense 80.2 86.7 (7)
Contract Site Maintenance Exp. 100.0 85.9 16
Acquisition Expense(Inc.Legal) 35.9 6.2 479
Structures & Improvements 422.4 375.6 12
Printing & Duplicating 14.3 14.1 1
Rents & Leases 5.3 4.7 13
Training &Conferences 34.0 18.8 81
Equipment&Vehicles 141.4 104.0 36
Insurance 148.7 124.1 20
Utilities 44A 43.1 2
Postage 24.7 15.8 56
Site Preparation 0.0 3.2 (100)
Communications(Pub.& Projects) 80.9 65.8 23
Other Non-Land 58.5 47.1 24
------------------------- ------------------------ -----------------
TOTAL (NON-LAND) $2,735.5 $2,594.2 5
Debt Service 3,564.7 2,812.0 27
Land Option Fees 15.0 15.0 0
Land Acquired 616.0 637.2 (3)
Building Improvements 10.0 0.7 1,329
$6,941.2 $6,059.1 15
TOTAL
EXHIBIT F
------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Land Acquired April 1 to September 30, 1997
SELLER DATE PRESERVE CASH PRICE
Paul 05/08/97 Long Ridge $320,000.00
Zelhart 08/07/97 Sierra Azul 100,000.00
McKannay 08/28/97 Sierra Azul 190,000.00
Trifilo-Deposit 09/29/96 Sierra Azul 1,000.00
Lee-Gift 07/31/97 Long Ridge 5,000.00
Total Land $616,000.00
EXHIBIT G
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TAX REVENUE 1994-1998
10/28/97
($Thousands) ACTUAL ACTUAL % ACTUAL % PROJECTED %
1994-95 1995-96 INCR 1996-97 INCR 1997-98 INCR
SANTA CLARA COUNTY
CURRENT SECURED 5893 5906 0.2% 6077 2.9% 6502 7.0%
CURRENT UNSECURED 705 717 1.7% 800 11.6% 897 12.1%
PRIOR TAXES 51 80 56.9% 68 -15.0% 58 -15.0%
SUBTOTAL 6649 6703 0.8% 6945 3.6% 7456 7.4%
SAN MATEO COUNTY
CURRENT SECURED 2869 2848 -0.7% 3050 7.1% 3264 7.0%
CURRENT UNSECURED 322 352 9.3% 356 1.1% 373 4.8%
PRIOR TAXES 15 2 -86.7% 4 100.0% 4 0.0%
SUBTOTAL 3206 3202 -0.1% 3410 6.5% 3641 6.8%
TAX SUBVENTIONS 336 333 -0.9% 357 7.2% 375 5.0%
TOTAL 10191 10238 0.5% 10712 4.6% 11472 7.1%
Regional Open _ ice
s
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-156
Meeting 97-34
November 12, 1997
AGENDA ITEM 8
AGENDA ITEM
Mid-Year Program Evaluation for the 1997-1998 Action Plan for the Implementation of the Basic
Policy of the Midpeninsula Regional Open Space District
GENERAL RECOMMENDATION
Accept the 1997-1998 mid-year program evaluation as contained in this report and discussed at your
November 12 meeting.
DISCUSSION
The attached program evaluation material covers the first six months of the 1997-1998 fiscal year.
This review provides the opportunity for staff to brief you at your November 12 meeting on additional
projects and activities, not specifically included in the Action Plan, that have required significant staff
time or that may be undertaken during the remainder of the fiscal year.
The Board and staff discussion of this mid-year program evaluation is also intended to lay the
foundation for future discussions of the 1998-1999 Action Plan.
Prepared by:
C. Britton, General Manager
D. Dolan, Acting Administrative Services Manager
J. Escobar, Operations Manager
Planning Team
M. Smith, Public Affairs Manager
Contact person:
C. Britton, General Manager
�y ,
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
ACTION PLAN
FOR THE IMPLEMENTATION OF THE
BASIC POLICY OF THE
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
FOR THE 1997-1998 FISCAL YEAR
I. OPEN SPACE ACQUISITION PROGRAM
A. Negotiations and Special Projects Subprogram
B. Enterprise Subprogram
11. PLANNING PROGRAM
A. Regional and Long-Term Planning
B. Site Planning and Implementation
C. Resource Management Subprogram (responsibility
shared with Operations Program)
III. OPERATIONS PROGRAM
IV. PUBLIC AFFAIRS PROGRAM
A. General Public Information and Outreach Subprogram
B. Legislative, Funding, and Organizational Relations
Subprogram
C. Visitor Services Subprogram
V. ADMINISTRATION PROGRAM
A. Administration/Human Resources Subprogram
B. Legal Services Subprogram
OPEN SPACE ACQUISITION PROGRAM
Sublrograms
A. Negotiations and Special Projects
B. Enterprise
To Implement the
BASIC POLICY OBJECTIVE:
The District seeks to purchase or otherwise acquire interest in the maximum
feasible area of strategic open space within the District planning areas, including
baylands and foothills. The District seeks to link its open space lands with
federal, state, county, and city parklands and watershed lands.
General Program Emphasis for 1997-1998
The program's emphasis will be to acquire the most critical, highest priority
projects funded under the District's Financing Authority. Lower priority
properties will be pursued through long-term options, available grant funding,
bargain sales and gifts. The District will continue to work with the Peninsula
Open Space Trust (POST) to acquire land and further the District's overall open
space acquisition goals. The Enterprise Subprogram will focus on maximizing
rental income consistent with Open Space Management policies and maintaining
and improving District rental structures, as well as studying the removal of
uneconomical and/or marginal structures.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Land Acquisition Manager (vacant position)
Real Property Representative
Secretary - Open Space Acquisition
(shared half-time with Planning Program)
PROGRESS:
• The District acquired 571.67 acres of open space lands since April 1,
1997 including the 157-acre Paul property as an addition to Long Ridge
Open Space Preserve, the 45.33-acre Zelhart property, the 157.94-acre
McKannay property, the 40-acre Urrere property and the 169.3-acre
Augustine MacDonald Trust property as additions to Sierra Azul Open
Space Preserve.
2
1997-1998
Negotiations and Special Projects Subprogram
Objective
To provide for the acquisition of all real property rights necessary to secure a recreational and
open space greenbelt in the foothills and baylands, including rounding out and improving
public access to existing preserves and connecting District preserves with other public lands.
K&,y Prgjects
1. New Land Commitments - Convert the budgeted funds in the New Land
Commitments budget category into open space lands, at desirable prices, focusing on
the highest priority, most critical properties, which specifically protect the greenbelt
including rounding out and improving public access to existing preserves, connecting to
other preserves or public lands, and furthering the completion of the Bay Area Ridge
Trail and Bay Trail Systems. Balance the desirability of the potential acquisition with
the availability of severely limited funds, including, if possible, private financing with
favorable terms and obtaining trail easements.
PROGRESS:
• The District acquired the 157.94-acre McKannay property for $190,000 as an
addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. This
property includes valuable riparian and wildlife habitat along Herbert Creek.
• The District acquired the 169.3-acre Augustine MacDonald property for
$67,720 as an addition to the Mt. Umunhum area of Sierra Azul Open Space
Preserve. This property includes valuable riparian and wildlife habitat along
Barret Canyon.
2. Grants, Gifts and Bargain Sales - Because of severely limited acquisition funds,
explore new grant opportunities, and focus on acquiring open space lands through
bargain sales, and/or gifts where possible. Work closely with Peninsula Open Space
Trust (POST) in their current "Campaign to Save Essential Open Space".
PROGRESS:
• The 157-acre Paul property was acquired for $580,000 as an addition to Long
Ridge Open Space Preserve providing a ridge trail connection to Saratoga Gap
Open Space Preserve. Save-the-Redwoods League generously contributed
$260,000 towards the purchase price, and the District also received a $10,850
grant from the Federal Land and Water Conservation Fund for this acquisition.
• The District acquired the 45.33-acre Zelhart property as an addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve for $100,000. The
District received Environmental Enhancement Mitigation grant funds totaling
$62,500 towards this acquisition.
3
• The District received a 2.1-acre gift from Richard and Janet Lee as an addition
to Long Ridge Open Space Preserve. The gift property includes a publicly-used
trail along Peters Creek.
3. Alternative Acquisition Methods - Obtain Board approval on appropriate long-term
options, at market prices or less, to acquire desirable properties that might be
affordable in future years should the District be successful in obtaining additional
funding for land acquisition. Explore various alternative terms of purchase (installment
purchases, defeasible fee, etc.) to offer advantages and incentives to landowners, as
well as cost savings to the District.
PROGRESS:
• The District acquired the 40-acre Urrere property for $100,000 on an interest-
free installment sale basis as an addition to the Mt. Umunhum area of Sierra
Azul Open Space Preserve. This property includes a section of trail connecting
Loma Prieta Road to Jacques Ridge.
4. Sell Surplus Property - Pursue lot line adjustment of the "Teague Hill" surplus
property through the Town of Woodside. When the lot line adjustment is approved,
market and complete the successful auction sale of surplus property which will help fill
a critical funding gap for additional land purchases.
PROGRESS:
• Researched background of current General Plan and zoning designations. Met
and communicated with Woodside staff to work towards resolving issue.
4
1997-1998
Enterprise Subprogram
Objective
To manage all of the District's revenue producing activities in such a way as to maximize
income from enterprise accounts consistent with Open Space Management policies,
incorporating compatible new programs when possible.
Kr,,Y Pr-q1
1. Administer Enterprise Accounts - Administer rental accounts, communication and
agricultural leases, consistent with open space management policies, to maintain and
enhance revenue stream through competitive and current rate structure, effective
maintenance programs and communication with tenants.
PROGRESS:
• The District entered into a communications lease with Sprint Spectrum L.P. for
communications facilities located at the existing PG&E tower at Pulgas Ridge
Open Space Preserve. The initial annual rent started at $22,000, increasing 5%
annually thereafter.
• The District's residential properties continue to be popular and are fully
occupied.
• The former MacDonald ranch mobile home trailer was converted to the La
Honda Creek ranger residence.
2. Sell Term Ownerships - Assess and aggressively market long-term interest
arrangements (estate for years, lifetime tenancy) for former Bach, Bean, and Smith
residences. If successful, this program will provide additional funding for land
acquisitions.
PROGRESS:
• The District accepted an offer to purchase a Fee Determinable Estate for fifty
(50) years for the former Bach/Bullis property from Jake and Tamara Guenther.
As part of this agreement, the District repaired the entrance driveway slipout
which serves as a patrol access to Skyline Ridge Open Space Preserve. The
Guenthers are in the process of obtaining final financing approval for this
purchase.
• The District entered into a Rental Agreement with Jay and Perry Thorwaldson
for the former Landre residence at Long Ridge Open Space Preserve. During
the initial term of this agreement, the tenants have undertaken repairs of the
residence and premises in lieu of rent. Completed maintenance and repair items
include installation of a new roof on the main residence, restoring the water and
electrical systems, and making repairs to the access road.
5
3. Maintain Rental Structures - Carry out maintenance and improvements to rental
houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to
increase net rental income. Administer long term and reoccurring maintenance
priorities on rental properties.
=DRESS:
• Repairs and maintenance of enterprise and employee residences is ongoing with
most of the deferred maintenance items resolved. Recent repair and
maintenance projects include the exterior painting of the Smith residence, and
deck repairs to the Bean residence.
4. Administer Historic Leases - Oversee lease compliance and renovation requirements
on District historic leases. Request proposals for and obtain Board selection of a long-
term historic leasehold tenant for the Thornewood residence.
PROGRESS:
• Tenant Jim Steinmetz continues to improve the historic Thornewood residence.
Completed projects include removal of overgrown trees and shrubs for fire
break clearance, starting structural repairs and replacement of the rear balcony
and stairway, and rodent control abatement of the main residence and
apartments.
• The District staff continues to work with the Stortzes to determine the permitted
uses and allowable number of guests and permitted uses under their existing
conditional use permit. The Stortzes are also pursing a permit from Santa Clara
County for their accounting business on the premises.
6
OPEN SPACE PLANNING PROGRAM
Subprograms
A. Regional and Long-Term Planning
B. Site Planning and Implementation
C. Resource Management Subprogram (responsibility shared with
Operations Program)
To Implement the
BASIC POLICY OBJECTIVES:
The District follows management policies that ensure proper care of the land that provide
public access appropriate to the nature of the land, and that are consistent with ecological
values and public safety.
The District works with and encourages private and other public agencies to preserve,
maintain, and enhance open space.
The District protects and restores the natural diversity and integrity of its resources for their
value to the environment, and the public, and provides for the use of the preserves consistent
with resource protection.
Program Emphasis for 1997-1998
Provide balanced attention to long-term planning and short-term implementation of projects to
support overall District objectives, in priority order:
1. Creation of the greenbelt;
2. Protection of the greenbelt; and
3. Accommodation of public use and access.
Maintain progress on key work program projects to follow through with commitments.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
Senior Planner (2)
Open Space Planner II (1)
Open Space Planner I (2) (one position currently vacant)
Resource Management Specialist (1)
Planning Technician (1)
Planning Secretary (shared half-time with Acquisition Program)
7
PROGRESS:
• Significant progress has been made on over 40 projects including the Regional Open
Space Study, Phase H trail construction at El Corte de Madera Creek, construction of
the Monte Bello south ridge parking lot, Fremont Older trail improvements,
development of the lower Windy Hill parking lot, fabrication and installation of
Daniels Nature Center exhibits, various FEMA landslide repairs, design of several
bridge replacements, resolution of Rhus Ridge parking issues, dissemination and use of
standard contract forms, and advances in the computerized mapping program.
• A Senior Planner transferred to the Administration department assuming the position of
Administrative Management Analyst. The Administrative Management Analyst
continues to retain responsibility for certain key projects identified in Planning's work
program.
• The Resource Management Specialist position moved to the Operations Program. A
resource management workgroup, which includes planning representatives, provides
input and guidance.
• A Planning Technician position was filled.
• Both Planner I positions are currently vacant.
• The Planning Secretary, shared half-time with the Acquisition Program, was promoted
to Real Property Assistant, a full-time position in Acquisition.
• A half-time Planning Secretary position was filled.
8
1997-1998
Regional and Long-Term Planning Subprogram
Oblectiv
Assist with the formulation, review, and refinement of policies, District-wide plans, and cost
estimates for the management and development of District preserves on a regional or District-
wide basis. Work with local agencies on joint planning and implementation projects, to share
information, and to encourage planning decisions that support the preservation of open space
and natural resources and development of regional trail systems.
Ka Projects
1. Staffing Plan - Implement staffing addition(s) in response to vacant Planner I position.
Include consideration of individual roles and responsibilities and working relationship
with the Acquisition Program.
PROGRESS:
• Additional discussions have occurred regarding the departmental needs due to
the vacancy of a second Planner I position.
2. Regional Open Space Plan - Prepare a plan to guide District programs towards a long-
term vision of the greenbelt. Includes formulation, public review, and adoption of plan
for future greenbelt, including financial model.
PROGRESS:
• Conducted numerous staff, stakeholder, and public workshops to collect input
and review study draft.
• Completed draft study map and cost estimate of potential property additions, as
well as a financial impact analysis.
3. Trail Use Review - Review and revise policies based on growing experience with trail
use planning and Board concerns about preserving the wilderness experience.
PROGRESS:
• Field staff reviewed and provided input for updating existing policies and
guidelines.
• Issues which need to be addressed in the upcoming Board review are being
identified.
• Scope and schedule for review process to be presented to Board in January.
4. El Corte de Madera Use and Management Plan - Present for Board adoption the
Comprehensive Use and Management Plan that will include completion of the
remaining trails plan element and resource management.
PROGRESS:
• Formulated Study Area 2 ad hoc committee and task force to develop a trail use
plan for the area.
• Brought to the Board a Use and Management Plan Amendment to construct trail
alignments for segments B8 and B10.
9
1997-1998
Site Planning and Implementation Subprogram
Mi '�
Apply policies, prepare and implement plans on a site-specific basis, including capital
improvement, repair and restoration projects, and respond to site-specific use and management
issues.
Key Projects
1. Windy Hill Lower Parking Lot and Restroom - Construct 50-vehicle parking lot and
restroom adjacent to Portola Road. Obtain permits, solicit bids, contract for, and
implement construction.
PROGRESS:
• Consultant prepared construction drawings to incorporate conditions obtained
during Town of Portola Valley's review process.
• Obtained site development permit from Town of Portola Valley.
• Prepared public bid documents, solicited bids, and hired contractor.
• Construction of parking lot, restroom, fencing, and signage are underway.
• Project estimated to be complete by 12/l/97.
2. Teague Hill Disposition of Surplus Parcels (Pinto Way) - Obtain lot line adjustment,
record new lots and trail easements, and assist, as necessary, in marketing lots.
PROGRESS:
• Lot line adjustment application continues to be on hold, pending resolution of
General Plan consistency issues with Town of Woodside
• Researched beckground of current General Plan and zoning designations. Met
and communicated with Woodside staff to work towards resolving issue..
3. Bridge Repair Projects - Lawrence Creek Bridge at El Corte de Madera Open Space
Preserve; La Honda Creek Open Space Preserve bridges; Grabtown Gulch Bridge at
Purisima Creek Open Space Preserves. Replacement of old bridge to maintain/
establish trail and patrol access. Complete engineering studies and solicit bids.
PROGRESS:
Lawrence Creek Bridge
• Contracted with engineer for design.
I_a Honda Creek Bridges
• Obtained emergency access into preserve via neighboring property.
• Solicited input from field staff to determine best engineering approach.
• Structural engineering drawings and plans are complete.
• Received permits from San Mateo County Planning, California Department of
Fish and Game, and Regional Water Quality Control Board.
10
Grabtown Gulch Bridge
• Bridge closed to all use until a final determination on bridge replacement is
made.
• Obtained California Department of Fish and Game permit.
4. Fremont Older Additional Parking Studies - Continue long-term study of parking
alternatives. Make determination concerning new parking area and obtain Board
approval to proceed with acquisition and/or construction.
PROGRESS:
• Identified and assessed alternative sites.
• Conducted design studies on preferred alternative.
• Surveys and preliminary engineering studies are underway to confirm feasibility
of preferred alternative.
5. Rancho Field Office Shop Building Seismic Upgrade - Retrofit existing shop
building to improve structural integrity. Replace exterior siding, roof, and windows.
PROGRESS:
• Modifications to plans and cost estimates complete.
• Project submitted to County for permits.
• Plans revised at request of County and discussions underway to waive request
for geotechnical study.
6. Sierra Azul Kennedy Road Parking - Hire consultant, complete conceptual plans for
a 10- to 15-vehicle parking area at trailhead entrance, with consultation from field staff
and Town of Los Gatos staff; hold first neighborhood workshop to discuss the project
and solicit input.
PROGRESS:
• Staffing changes make it necessary to reconsider this project in a future work
program.
7. FEMA Landslide Repair Projects - Conduct engineering studies, prepare plans,
obtain permits and complete repairs of landslides at Long Ridge, Monte Bello,
Purisima Creek, Russian Ridge, Skyline Ridge, and St. Joseph's Hill Open Space
Preserves.
PROGRESS!
• Conducted engineering studies and prepared plans.
• Submitted plans to Town of Los Gatos and counties of Santa Clara and San
Mateo for grading permits.
• Obtained permits, solicited bids, and hired contractors through public bid
procedures.
• Landslide repairs and associated drainage, retaining wall, and
erosion/revegetation improvements are underway.
• Investigating potential for full reimbursement from FEMA.
11
L
199'7-1998
Resource Management Subprogram
Objecliy�
Inventory and analyze the state of resources District-wide and on specific preserves to identify
needs and priorities for significant management issues. Use the availability of volunteers and
consultants to expand District staff capabilities. Develop general procedures and strategic
implementation plans for the resource management subprogram. Establish network with other
agencies, local authorities and specialists in the field.
Key Psa1ects
1. Invasive Exotic Plant Inventory - Inventory exotic plant species on all District
preserves. Develop strategic plan for exotic plant removal.
PROGRESS:
• Consultant completed a trail corridor inventory of exotic plant species on all
District preserves.
• Completed strategic plans for exotic plant removal for several preserves.
• Working with volunteer coordinator and special interest groups to implement
strategic plans.
• Implemented periodic exotic plant removal projects by field staff focusing on
pampas grass, broom species, and acacia.
2. Wildlife Response Plan - Develop a wildlife response plan for all wildlife-human
interactions.
PROGRESS:
• Completed first draft and received comments on a wildlife response plan for all
wildlife-human interactions.
• Currently reviewing comments on first draft of the plan.
• Worked with other staff preparing public notices of wildlife related incidents.
3. Herbicide Use Plan - Establish the criteria for herbicide use on District land.
PROGRESS:
• Consulted with field staff regarding the use of herbicide to maintain District
lands and control exotic species.
• Met with Santa Clara and San Mateo County Agriculture Departments to
determine statutory requirements to use herbicide on District lands.
• Working to establish the criteria for herbicide use on District land.
4. Russian Ridge Thistle Control/Grassland Management Plan - Prepare specific plan
to control thistles, manage grasslands. Implement, and monitor management actions
(i.e. controlled burning, grazing, mowing, mechanical removal, and herbicides).
PROGRESS:
• Treated 24 acres of yellow starthistle infested grassland by use of goat grazing,
mechanical removal, hand pulling, and herbicide.
• Monitored species diversity in treatment areas for the first year of the
management plan.
• Preparing burn plan and schedule for treatments for next year.
12
OPERATIONS PROGRAM
To Implement the
BASIC POLICY OBJECTIVE:
The District follows management policies that ensure proper care of
the land, that provide public access appropriate to nature of the land,
and that are consistent with ecological values and public safety.
General_ Program Emphasis for 1997-1998
Continue to provide responsible stewardship of all District lands by furnishing
those public safety, maintenance, construction and resource management work
necessary and appropriate for effective management of District lands.
Implementation of Board adopted Trail-Use Policies and Guidelines and the
mitigation of trail-use conflicts will continue to be a primary focus of the
Operations Program.
Staff Resources
Operations Manager
Area Superintendents (2)
Support Services Supervisor
Operations Analyst
Supervising Rangers (4)
Secretary
Rangers (12)
Equipment Mechanic-Operators (2)
Lead Open Space Technicians (2)
Open Space Technicians (5 current; 2 proposed)
Farm Maintenance Worker
8,500 Seasonal Open Space Technician hours
(6,000 regular; 2,000 special project,
500 Deer Hollow Farm weekend staff)
PROGRESS:
• Working with trail contractor Gene Sheehan at El Corte de Madera and Fremont Older
Open Space Preserves, staff constructed or realigned a total four miles of trail.
• Implementation of the El Corte de Madera trail plan continues with the closure and
restoration of several old routes as new trails opened. The recently acquired Sweco trail
machine proved to be well suited for new trail construction and restoration work.
13
• Skyline staff is working with our resource management specialist to address the large
population of ground squirrels that has taken over three of the camp sites at the Black
Mountain Camp.
• Foothills maintenance staff completed the construction and installation of several new
bulletin boards at Pulgas Ridge, Fremont Older, Sierra Azul and Saint Joseph's Hill Open
Space Preserves.
• Under a cooperative agreement with the Santa Clara County Fire District, a ten acre
control burn was conducted at Rancho de Guadalupe, providing the staff an opportunity
to study the effects of fire on the ecology of a grassland area, as well as, a valuable live
wildland fire training exercise.
• Started restoration work on former trail alignments, including the Moody Trail and the
Blackberry Hill access at Sierra Azul Open Space Preserve and the Brooks Trail at
Fremont Older Open Space Preserve.
• Foothills field staff assisted state-wide drug enforcement authorities in the removal of
several large marijuana gardens discovered on Sierra Azul Open Space Preserve.
14
Key Projects
1. Operations Program Audit - Working with the General Manager, develop the request
for proposals to conduct a program-wide effectiveness audit of the Operations Program.
The review shall include an assessment of the District's current staff structure, methods
and practices of providing services and a comparison of alternatives methods used by
other similar agencies. Assist the General Manager in making a recommendation to the
Board on the selection of a qualified consultant and the subsequent compiling and
gathering of information and data requested by the consultant to conduct the audit.
PROGRESS:
• The Request for Proposals was developed and reviewed by a committee from the
Bargaining unit. The final version was reviewed and approved by the Board and
twenty-seven consultants have been sent copies. Proposals are due from
consultants by November 17 and, if a suitable consultant is found, a contract is
scheduled to be presented for Board consideration on December 10, 1997.
2. Interpersonal Communication Skills Development - Building on the influencing skills
training received by the entire staff in December and January, assist each work group
within the Operations Program in the development of team agreements and mission
statements, participate in the District-wide staff development and implementation of
interpersonal communication performance standards, and provide supervisors and
managers the leadership and supervision training necessary to facilitate the completion of
these tasks and enhance the overall quality of supervisory skills and communication
within the program.
PROGRESS:
• Team agreements have been completed for the supervisors group. Field work
groups worked with Art O'Neal on October 24 to review and finalize their team
agreements. Staff anticipates developing interpersonal performance standards and
a new draft performance evaluation system prior to the end of the fiscal year.
3. Operations Manual Update - Revise operations manual to include Open Space
Technicians, Lead Open Space Technician, and Equipment-Mechanic Operator positions.
Update Ranger sections to include new procedures not yet formally placed in document.
Develop standing orders system to draft, review, and implement directives not included in
the operations manual.
PROGRESS:
• The bicycle patrol guidelines have been added to the manual and the domestic
animal control policy is being finalized. The first draft of the wildlife response
plan is being reviewed by staff. Copies of manuals have been obtained from other
agencies and staff is working on a cooperative project of revising formats in
conjunction with the City of Palo Alto ranger program.
4. Special Use Policies - Develop Special Use Policies for Board adoption. Work with the
Use and Management Committee in developing the draft of the policies that will
concentrate on public agency and private non-profit special uses.
PROGRESS:
• More specific and comprehensive permit conditions have been created. These are
being prepared for Board review. Permit conditions are being developed for
collection and resource management permits.
15
PUBLIC AFFAIRS PROGRAM
I
Subprograms
A. General Public Information and Outreach
B. Legislative, Funding, and Organizational Relations
C. Visitor Services
To Implement the
BASIC POLICY OBJECTIVE:
The District educates and makes clearly visible to the public the purposes and actions of
the District, and actively encourages public input and involvement in the District's
decision-making process and other activities.
General Program Emphasis for 1997-1998
Publicize and engage the District's constituents in recognizing the District's 25th
anniversary through a variety of means; implement the top priorities of the District's
legislative plan; fully integrate the visitor services subprogram into the public affairs
program; increase environmental education and volunteer participation; maximize the
general public's awareness and understanding of the District, its goals, and its activities
by providing District information to all communities served and all target audiences,
through established methods.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
Public Affairs Manager
Visitor Services Supervisor
Volunteer Coordinator
Docent Coordinator
Public Affairs Assistant
Interpretive Aide (Nature Center)*
*The interpretive aide position is seasonal, and approximately quarter-time
16
PROGRESS:
• AT the mid-year point, 11 slide presentations have been made throughout the
community, and 7 displays have been set up and staffed, reaching thousands of District
constituents.
i
• The District's primary mailing list has shown a dramatic increase to over 16,500
addresses. Each of the two newsletters and one annual report produced since April
were also mailed to 5,000 random addresses within targeted zip codes.
• A total of 10 press releases were distributed, and a significant level of media coverage
resulted.
• The public affairs staff has assumed responsibility for regularly updating the District
web site, and has received some training in that area.
• The visitor services sub-program has been successfully integrated into the public affairs
program.
• Public affairs staff has been involved in the initial research efforts looking into
preservation of coastal lands in San Mateo County.
• Work has begun on coordinating the 1998 Special District Forum, co-hosted by the
District and East Bay Regional Parks District.
17
1997-1998
General Public Information and Outreach Subprogram
Objectives
To generate additional support among the general public for completing the greenbelt by
increasing the positive perception and awareness of the District's mission, objectives,
accomplishments, programs, and effective management of public lands and financial resources.
Key PrT
1. 25th Anniversary - Implement a series of activities and events to commemorate the
District's 25th Anniversary, including an on-site event, 25th Anniversary items for
sale, a banquet, a special mailing of the visitors map, and other references to the
anniversary within District written materials.
PROGRESS:
• A special 25th Anniversary logo was developed and printed on letterhead,
envelopes, brochures, and maps; the "Take a Walk on the Wildside" event at
Skyline Ridge Open Space Preserve was successfully implemented, drawing
approximately 800-900 visitors; 25th Anniversary T-shirts, tote bags, hats, and
fanny packs were produced and put on sale; a 25th Anniversary newsletter/fact
sheet was mailed to approximately 324,000 District households; a 25th
Anniversary banquet was held on November 7.
2. Kids' Art of Open Space - Schedule and coordinate the fourth event to take place no
later than March 31, 1998.
PROGRESS:
• Planning has begun, and this event is expected to take place on-time.
3. Annual Report - Publish a District 1996-1997 Annual Report by May 28, 1997,
followed by three regular issues of Open Space News.
PROGRESS:
• The Annual Report and two newsletters were published and distributed on-time.
The third newsletter is on schedule.
4. Public Opinion Poll - Implement a public opinion poll to help gauge the public's
awareness and perception of the District.
PROGRESS:
• This objective was modified and incorporated into the District's research efforts
on coastal land preservation. It is currently underway, and will include
questions on the public's awareness and perception of the District.
18
1997_1998
Legislative. Fundinz and Organizational Relations Subprogram
Objectiv
To carry out the high priority elements of the District's legislative plan and to inform other
public agencies and private organizations about the District's activities and goals.
Key Profits
1. Lobbying Efforts - Work with the general manager and the District's Sacramento
lobbyist to preserve current and future state funding for the District, and to carry out
elements of the District's legislative plan.
PROGRESS:
0 The District sponsored Assembly Bill 1366, authored by Assemblyman Ted
Lempert, and was successful in gaining its passage through various
committees, both houses of the legislature, and the Governor's office. The
District also co-sponsored Senate Bill 1048, which was signed by the Governor
(see section 3).
The District was successful in amending Assembly Bill 1425, authored by
Assemblyman Bill Campbell, to include language providing for an extension of
a state grant previously awarded to the District.
The District worked with its legislative advocate to review and take positions
on a variety of legislation, and also supported the establishment of the Natural
Resources Infrastructure Fund as a part of the State budget.
2. Protection Of District Funding - Work with East Bay Regional Park District to
provide for long-term protection of District funding, including possible modification of
appropriate Public Resources Code sections.
PROGRESS:
• District action on this issue is dependent on that of the lead agency, East Bay
Regional Park District. That agency has taken no action this fiscal year.
3. Regional Funding - Work with the Bay Area Open Space Council, San Mateo County,
the Planning and Conservation League, and others to develop and support potential
regional or other alternative funding mechanisms.
PROGRESS:
• The District was instrumental in conceiving, developing, gathering support, and
assuring the passage of SB 1048 through various committees, both houses of the
legislature, and the Governor's office. This bill, which creates a Bay Area
Program element within the State Coastal Conservancy, was sponsored by the
Bay Area Open Space Council, and authored by Senator Byron Sher. While it
does not immediately provide funding, it creates a receptacle for future funds
19
that will then be specified for use only within the nine-county Bay Area, a
feature never before available to this region.
The District supported SB 375, the San Mateo County sales tax authority
legislation, which was vetoed by the Governor. The Planning and Conservation
League has decided not to proceed with a parks and recreation bond measure for
1998.
i
20
1997-1998
Visitor Services Subprogram
Objectives
To encourage active public participation in the maintenance, restoration, and protection of the
District's natural resources, and provide cultural, historical, and environmental education
opportunities to the public.
Key Projects
1. Environmental Education - Continue to implement and improve the District's
environmental education program for school children. Recruit and train additional outdoor
education leaders to accommodate more school groups. Investigate methods of providing
disadvantaged school classes with transportation to the field trips at Skyline Ridge.
PROGRESS:
• Twenty-nine school classes participated in the Spaces and Species program during
the first half of this fiscal year.
• The District received the Peninsula Conservation Center Foundation's 1997
Business Environmental Award in the Educational Outreach category, for the
Spaces & Species program.
• Recruitment for additional volunteer outdoor education leaders resulted in four new
volunteers this fall. Staff will continue efforts to recruit and train more volunteers
next fall.
• Staff is developing the Kids' Nature Express, a program that will provide buses for
school classes that cannot afford transportation. Implementation of the Kids'
Nature Express will depend on the success of the District's fund raising efforts.
2. Daniels Nature Center - Work with planning staff to finalize design and installation of
exhibits. Develop and set up seasonal and temporary displays. Recruit and train
volunteers to staff the nature center at least one weekend day per week, and hire a seasonal
employee to assist in meeting staffing needs.
PROGRESS:
• With the exception of the exterior displays, Phase II exhibits have been installed at
the nature center and final adjustments and revisions are being made. Visitors and
volunteers have been very enthusiastic about the new exhibits. The deck expansion
and exterior exhibits are expected be completed in spring 1998.
• The District hired a seasonal interpretive aide to perform maintenance duties and
help staff the nature center on Saturdays. The nature center is now open to the
21
public on Saturdays and Sundays, mid-March through mid-November. Volunteer
teams staff the nature center on Sundays. Visitation ranges from 40 to 100 people
per weekend day.
3. Crew Leader Training - Work with operations staff to develop a crew leader training
program for Preserve Partners volunteers.
PROGRESS•
• Staff has developed guidelines for a crew leader program and has tried to recruit
potential volunteer leaders. To date, there has been minimal public interest in this
new volunteer opportunity. Most of the District's current Preserve Partners prefer
to do field projects without taking on extra responsibilities. Staff will continue
efforts to establish a crew leader program.
22
ADMINISTRATION PROGRAM
Subprograms
A. Administration/Human Resources Subprogram
B. Legal Services Subprogram
To Implement the
BASIC POLICY OBJECTIVE:
The staff administers the affairs of the District on behalf of the
public so as to maximize accomplishment of the goals of the
District within existing financial and other constraints.
General Program Emphasis for 1997-1998
Instill vision and provide leadership to foster staff participation
and activities to carry out the District's short and long-term goals
and objectives. Guide and support the District-wide effort to
develop and improve leadership, supervisory, and interpersonal
communication skills among all staff in order to enhance the
District's work environment and build toward becoming a
cohesive, high performance organization. Maintain the District's
viability as an open space acquisition and management agency in
light of limited funding. Focus efforts on working with the
Planning Team, all staff, and the Board in development of the
Regional Open Space Plan.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
General Manager
Legal Counsel (part-time)
Controller (one-quarter time)
Administrative Services Manager/District Clerk (vacant)
Research Attorney
Administrative Analyst
Office Manager/Secretary to the General Manager
Accounting Specialist
Secretary (one-half time)
Receptionist
23
PROGRESS:
• Administrative services manager/district clerk position has been vacant since April;
hiring process is nearing completion.
• Organizational improvement efforts are continuing and have included leadership skills
training, and developing team agreements. The next phase will focus on developing
performance standards for each Position in the organization.
• Regional Open Space Study is steadily progressing.
24
144Z1998
Administration/Human Resources Subprogram
Miectiv
To provide overall coordination, direction, and administrative base for all District activities so
as to maximize the accomplishment of the Board's policies and directives, to implement the
Strategic Plan, and to maintain the District's viability as an open space acquisition and
management agency.
KKU Projects
1. District Funding - Work to preserve current and future state funding for the District.
Continue to provide multi-year information/scenarios on District's long-term finances,
including bonded indebtedness and cash flow, and to address the need to rely on the
availability of grant funds for major development projects. Pursue alternate sources to
secure additional funding the District to meet acquisition and open space management
needs, including, if needed, a 1997 note issue for critical open space acquisitions.
PROGRESS:
• District Controller M. Foster has provided the Administration and Budget
Committee with a monthly investment and security transaction report.
• The Administration and Budget Committee has reviewed long-term financial
projections, including bonded indebtedness capacity, and determined there is no
need for a 1997 note issue at this time.
• The District kept a strong presence in Sacramento and there was no threat to the
District's property tax revenue as a part of the state budget deliberations for the
current fiscal year.
• The District worked with Bay Area Open Space Council on successful passage
of SB 1048 which will funnel a portion of any future state park bond act funds
into a new Bay Area program under the Coastal Conservancy.
• The District received a grant of$420,500 from Habitat Conservation Fund
toward the purchase of the POST Thysen property as an addition to the
Purisima Creek Redwoods Open Space Preserve.
• The District's Environmental Enhancement and Mitigation Program (EEMP)
grant in Sierra Azul was extended for two years as part of an existing urgency
bill facilitated by the District's legislative advocate.
2. Human Resources - Work with all programs to develop and improve leadership,
supervisory, and interpersonal communication skills to enhance the overall quality and
effectiveness of the District's work environment, and build toward becoming a
cohesive, high performance organization. Carry out District's personnel and labor
25
relations functions. Enhance organizational effectiveness through increased
communications, staff meetings, retreats, workshops, training seminars, and team
building activities.
PROGRESS:
• As a continuation of the District's efforts to improve leadership, supervisory,
and interpersonal communication skills for all employees, Consultant Art
O'Neal presented a leadership skills training program for managers,
supervisors, and other employees in leadership positions. Following the
training, all work groups in the District developed team agreements that will
guide the interpersonal communication within each group.
• The hiring process was completed for planning secretary (one-half time),
planning technician, and equipment mechanic-operator positions. The process
for the administrative services manager is nearing completion. The hiring
process to fill a vacant open space technician position is underway, and the
process to fill two planning positions will begin after the first of the year.
• Non-discrimination training, including a review of the District's non-
discrimination policy, was presented to all staff. Other staff training has
included a stress management seminar through CONCERN Employee
Assistance Program, and a safety fair which included fire extinguisher and
disaster preparedness training.
• Administration staff provided leadership in planning and implementing various
staff events, including the annual staff picnic and the Board's annual staff
recognition event.
• Various staff committees (staff safety committee and fun committee), remain
active, and the staff newsletter (Staff Stuff) is issued approximately every six
weeks.
3. Joint Meetings - Coordinate joint meetings with the Board of Directors, the Park and
Recreation Commissioners of Santa Clara County and San Mateo County to discuss
topics of mutual interest and the Regional Open Space Plan. Meet with the Santa Clara
County Open Space Authority Board of Directors to discuss the Regional Open Space
Plan. Hold joint meetings with key parks and recreation department staff at San Mateo
and Santa Clara Counties to facilitate interagency cooperation and communication.
PROGRESS:
• Joint meetings were held with San Mateo County Parks Commission on
September 17, Santa Clara County Open Space Authority on October 15, and
Santa Clara County Parks Commission on November 5.
• The General Manager has met with Patrick Sanchez, San Mateo County Parks
and Recreation Director, Paul Romero, Santa Clara County Parks and
26
Recreation Director, and Larry Coons, General Manager, Santa Clara County
Open Space Authority on at least three occasions each during the first six
months of this fiscal year.
4. Regional Open Space Plan - Work with the Board of Directors, Planning Program,
and all District staff to prepare a plan providing a clearer vision for the future of the
District.
PROGRESS:
• Approximately 15 workshop meetings were held since May 1997 with groups
such as staff, public, volunteers, docents, and over 20 stakeholder agencies and
organizations.
27
1991-1998
ILegal Services Subprogram
Miectiv
To provide timely legal services to the Board and to all District programs to assist in
formulating and implementing District policies and projects in accordance with law.
Key EWjects
1. Real Property - Provide legal advice concerning District real property issues,
including acquisition, disposition, trail easements, title and encroachment issues and
permits to enter District land.
PROGRESS:
Provided research and legal advice regarding the following principal projects to date:
• Acquisitions: Paul, Zelhart, McKannay, MacDonald Trust and Trifilo; research
regarding historic parcels for potential acquisition of POST property at Windy
Hill Open Space Preserve.
• Dis sipo tions: Assisted in pending sale of fee determinable estate of former Bach
property; continued to work with Town of Woodside on process for disposition
of Teague Hill surplus parcels.
• Permits to Enter: Roadway reconstruction permits including Alpine Road
(Portola Valley) and Caltrans retaining wall reconstruction on Highway 84
(Thornewood and La Honda Creek Open Space Preserves).
• Easements/Trails: Fogarty property trail/Portola Valley; historic road claims
adjudicated in Driscoll v n Mateo County; claim of Francois Richard for
contribution towards road maintenance costs (Thornewood Open Space
Preserve); claim of access rights by Guadalupe Land Company (Sierra Azul
Open Space Preserve), road maintenance and water rights agreements with
POST and private property owners over Lauriston and Old Ranch Roads
(Windy Hill Open Space Preserve); research regarding status of access
easements, Sierra Azul Open Space Preserve, Loma Prieta Ranch.
• Encroachments: Working with Town of Woodside and developer to rectify
encroachment and tree-cutting at Thornewood Open Space Preserve.
• Miscellaneous: Research and negotiation regarding various other real property
issues included Fletscher real property exchange; McKim ligitation; legal advice
regarding Regional Open Space Study; legal advice to Board Ad Hoc
Committee regarding potential coastal expansion; and assistance regarding other
potential or pending acquisitions.
2. Risk Management - Process and monitor current claims and litigation against the
28
District for personal injury or property damage; refine risk management procedures;
represent District's interests in insurance coverage matters; provide oversight of matters
handled by outside counsel.
PROGRESS:
• Selection and oversight of insurance defence counsel in Alexand and Wargo
bicycle litigation; positive result expected in both; processing and monitoring of
other pending claims; legal research regarding various volunteer liability issues,
such as liability of District for negligent acts of volunteers.
3. Human Resources - Assist in carrying out labor relations functions; serve as chief
negotiator on District's bargaining team; provide legal advice on personnel matters;
prepare a District substance abuse policy.
PROGRESS:
• Negotiation of 3-year Memorandum Of Understanding with Local 715;
assistance in implementing related employee benefit programs (Cafeteria Plan,
2% at 55 PERS Plan); assistance in development of RFP for Operations
Program review; draft substance abuse policy completed; related discussions
with Local 715 anticipated in December; assistance in responding to EEOC
complaint.
4. Public Contracting - Assist programs in bidding process and contract administration
for public works and professional services contracts; develop model contract forms.
PROGRESS:
• Developed standard contract forms for public works projects and for use in
hiring professional services (such as engineers, planners and architects);
principle advice regarding public works projects concerned with Windy Hill
Open Space Preserve parking lot, Skyline Ridge Open Space Preserve
restrooms, Skyline Ranger office, and La Honda Creek Open Space Preserve
bridge reconstruction.
29
Regional Open —*Ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-97-157
Meeting 97-34
November 12, 1997
AGENDA ITEM _9
AGENDA ITEM
Cancellation of November 26, 1997 Regular Meeting and Scheduling of November 19 Special
Meeting
GENERAL MANAGER'S RECOMMENDATIONS
1. Cancel your November 26, 1997 Regular Meeting.
2. Schedule a Special Meeting for Wednesday, November 19, 1997 beginning at
6:00 p.m.
DISCUSSION
Section 1.10 of your Rules and Procedures states that if a regularly scheduled meeting occurs
on the evening before Thanksgiving, the Regular Meeting shall be rescheduled or canceled.
The November 26, 1997 Regular Meeting falls on the evening before Thanksgiving.
I recommend that you cancel the November 26, 1997 Regular Meeting and schedule a Special
Meeting for Wednesday, November 19 beginning at 6:00 p.m. at the District's Administrative
office. The Board will meet in closed session from 6:00 p.m. until approximately 8:00 p.m.
Prepared by:
M. Smith, Acting District Clerk
Contact person:
L. Craig Britton, General Manager
T44 4 Utz,or.14 U-U 5441
Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos,CA 94022-1404 a Phone:650-691-1200
- 1972-1997- FAX:650-691-0485 m E-mail:mrosd@openspace.org * web site:www.openspace.org
Boa
rd of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Regional Open , .ce
2
1
R-97-151 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-34
November 12, 1997
AGENDA ITEM -1.0
AGENDA ITEM
Closure of District Administrative Office During the We5Cing the Christmas Eve and
Christmas Day Holidays
GENERAL MANAGER'S RECOMMENDATIOApprove the closure of the administrative office each yee week containing the Christmas
Eve and Christmas Day designated District holidays.
DISCUSSION
Last year you approved, on a one-year trial basis, closure of the administrative office at 330 Distel
Circle during the week of December 23 through 27 (see report R-96-46). The office closure was
well-received by staff and there were no administrative problems or complaints related to the closure
from the public or other jurisdictions.
Based on the success of the trial program, I recommend implementing the closure program on a
permanent basis. This would mean closing the administrative office each year during the work week
containing the Christmas Eve and Christmas Day designated District holidays. On an informational
report basis, the Board will receive written notification each year of the actual closure dates. This
proposal was also reviewed and approved by the Administration and Budget Committee at their
October 28, 1997 meeting in accordance with your direction last year.
This year, the administrative office will be closed on Monday, Tuesday, and Friday, December 22,
23, and 27. The administrative office is already slated to be closed on December 24 and 25 as these
two days are designated 8-hour holidays for the office, supervisory, and management staff. The front
door will remain locked the entire holiday week. A special recorded message will be placed on the
District's incoming phone line and a notice will be posted on the front door advising callers or visitors
of the administrative closure. The recorded message and notice will include who to contact in the
event of an emergency.
The closure of the administrative office for the remaining three days of that week will eliminate the
need to staff the office during a time that typically has high demand for vacation time off, low
demand from the public and other jurisdictions for administrative services, and low productivity due
to the number of other jurisdictions and businesses that also close during this week.
Any staff member who wants to work on December 22, 23, and/or 26 will have the opportunity to do
so. At least one District manager will be working in the office each day or be available by telephone
in the event there is some type of emergency or other situation warranting a manager's involvement.
Prepared by:
Deirdre Dolan, Acting Administrative Services Manager
Contact perso ,
L. Craig Brittneral Manager
T 4"ow;t4 U Ste!
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Claims No. 97-20
Meeting 97-34
Date: November 22, 1997
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
3113 46.01 Ace Fire Equipment & Service Company Fire Extinguisher
3114 125.45 ADT Security Services Alarm Service
3115 86.51 Allen Equipment Company Equipment Parts
3116 402.69 *1 Allan Steel Steel Cable
3117 74.66 Randy Anderson Vehicle Expense
3118 906.18 Arne' Sign & Decal Company, Inc. Signs
3119 419.78 A T & T Long Distance Service
3120 75.72 Barron Park Supply Enterprise Rental Repairs
3121 73,443.39 Bianchi Construction Incorporated Bach Driveway & Jones Rd. Repairs
3122 7,224.00 California Conservation Corps. Exotic Plant Removal--Pulgas Ridge
3123 350.00 *2 California Department of Parks & Recreation Conference Fee--D. Sanguinetti
3124 22.00 California Department of Transportation Resource Documents
3125 352.30 California Water Service Company Water Service
3126 4,318.14 Callander Associates Windy Hill Parking Lot--Consultant
3127 158.83 Capitol Inquiry, Inc. Resource Documents
3128 68.68 Carolina Biological Supply Microprojector Repair Parts
3129 315.44 *3 Carrolls Grain & Hay Straw Bales--School Road Repairs
3130 28.00 Coast Views Subscription
3131 97.31 Cole Supply Company, Inc. Janitorial Supplies
3132 240.00 Community School of Music & Arts "Kids Art of Open Space" Classes
3133 8.12 Contemporary Engraving Name Badges
3134 425.00 Toni Corelli, Botanist Environmental Consultant
3135 30.00 Country Almanac Subscription
3136 112.42 Lauren Crook Reimbursement--User Manuals
3137 50.00 Betsy Crowder Reimbursement--Conference Expense
3138 61.67 Dennis Danielson Reimbursement--First Aid Supplies
3139 723.96 Mary Davey Reimbursement--Conference Expense
3140 1,592.00 Department of Water Resources Ricky Dam Fees
3141 3,682.63 Deborah G. Mills-Design Concepts Graphic Design Projects--Oct. 1 2th Event
3142 65.00 Evergreen Environmental Services Waste Oil Removal
3143 120.84 Film To Frame Film Developing
3144 49.49 G & K Services Shop Towel Service
3145 286.31 Gardenland Power Equipment Field Supplies
3146 938.34 Goodco Press, Inc. Banquet Invitations
3147 125.97 Goodyear Auto Service Center Tires
3148 2,000.00 Greenbelt Alliance Membership
3149 160.79 GTE Mobilnet Cellular Phone Service
3150 66.00 Bruce Harmon Reimbursement--Culvert Permit
3151 258.98 H & L International, Inc. Gloves
3152 305.87 Jodi Isaacs Vehicle Expense
3153 100.00 Steve Kilmer Custom Water Tank--Spray System
3154 208.81 Kaiser Cement Corporation Baserock
3155 109.94 Kragen Vehicle Repair Parts
3156 655.75 Lanier Worldwide, Inc. Copier Lease
3157 103.74 Los Altos Garbage Company Dumpster Service
3158 321.24 Lucent Technologies A T & T Maintenance
3159 164.00 *4 Lutz Ford Vehicle Repairs
Page 1
Claims No. 97-2O
Meeting 97-34
Date: November 22. 1987
Revised -
� K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
� 3161 2'473.35 David K800|y & Aaonciatou Tax Analysis Consultant
3163 374.45 K8etrnK8obi|nCommunioationn Radio Repair and Parts
3163 863.13 K8inton'o Lumber & Supply Field Supplies and Equipment
3164 260.00 Miracle Auto Painting & Body Repair Vehicle Repair
3165 35.00 Mobile Radio Resources Radio License Renewal
3160 151.81 Mountain View Garden Center Bridge Materials
3107 104.00 Mountain View Optometry Prescription Safety G|eauao
3168 40.55 Noble Ford Tractor, Inc. Hydro Oil
3108 76.84 Northern Energy Propane Service
3170 2'824.50 Office Helper Products File Cabinets and Office Supplies
3171 283.58 Pacific Bell Telephone Service
3172 280.71 Pacific Coast Seed RevegitadnnSead
3173 50.00 City of Palo Alto Hearing Examiner Service
3174 905.69 Peninsula Blueprint, Inc. B|ue|ineoend Map Printing
3175 150.00 °5 Peninsula Conservation Center Foundation Reservations--Environmental Awards
Event-C. Bruino,B. Crovvdmr,S. Solomon
3178 103.04 Pi|urcitoo Quarry-West Coast Aggregates, Inc. 800ernok '
3177 35.82 Pitney Bowes Credit Corporation Mail Equipment Charges
3178 349.75 Platypus Phase || Exhibits--Daniels Nature Center
3179 381.17 Pip Printing Navvo|attar Printing
3180 1.000.00 Popish Appraisal & Conmu|ting Appraisal Consultant
3181 6'151.65 Porto|e Park Heights Property Owners Assoc. Rued Repairs per Agreement
3182 1,500.00 Town of Porto|a Valley Retainer to Town--Windy Hill Project
3183 94.20 Povvodond/Snnith Equipment, Inc. Light For Tractor
3184 166.74 PriomCon1cu Conounneb|os
3185 8'225.00 Rana Creek Grassland Study--Consultants
3180 12.74 Rancho Cobbler & Cleaners Leather Conditioner
3187 38.90 Recreational Equipment, Inc. 25thAnnivoraory Event Supplies
3188 494.71 ReotroomFooi|ideo ReutroornSupplies
3189 16.50 Rich's Tire Service Tiro Repair
3190 302.21 Russ Enterprises, Inc. Signs
3181 378.10 San Jose Mercury News Advertisement-ROSSVVorknhopa
3192 117.04 °8 Second Cup Business Meeting Expense
3193 970.24 °7 Security Contractor Service Fencing K8utnria|o
3194 131.25 SuoSuheotman Reim burnement-Bar Dues 8/ Publications
3195 1'248.14 Shannon Associates Manager Recruitment Services
3186 286.48 Shell Oil Company Fuel
3197 3'760.70 John Shelton, Inc. Erosion Control Materials
3198 18.70 SkyvvnodTrading Post Fuel
3189 80.00 °8 Natasha Miller-Smith Anniversary Banquet Entertainment
3200 80.00 °9 Amanda Smith Anniversary Banquet Entertainment
3201 244.64 Stevens Creek Quarry, Inc. Baoorooh
3202 43.86 Bob Stewart Resource Documents
3203 301.35 Target Specialty Products Weed Abatement Products
3204 1.096.03 Teutar & Etc. Vision Map Graphics
� 3205 5'382.71 Torratooh' Inc. Landslide Project Engineering Services
�
� 3206 81'173.00 T.K.O. Construction Road Repair Projects--Skyline Preserves
�
3207 888.13 TTCTnurm Charter Son/|oeu-V|P Land Tour
Page
Claims No. 97-20
Meeting 97-34
Date: November 22, 1997
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
3208 194.64 The Tufnut Works Field Supplies
3209 2,980.83 U.S. Rentals Backhoe Rental
3210 3,105.12 *10 Visa Business Meeting Expense, Conference
Expense, Field Supplies & Books
3211 243.56 West Coast Rebar Rebar Stakes
3212 208.23 Wheelsmith Raffle Prize--Oct. 1 2th Event
3213 67.41 Michael Williams Vehicle Expense
3214 300.00 Roberta Wolfe Recording Services
3215 48.06 Workingman's Emporium Uniform Supplies
3216R 507.18 Petty Cash Local Business Meetings, Vehicle
Expense, Nature Center Supplies,
Field Supplies and Printing Expense
*1 Urgent Check Issued October 27, 1997.
*2 Urgent Check Issued November 06, 1997.
*3 Urgent Check Issued November 04, 1997.
*4 Urgent Check Issued November 03, 1997.
*5 Urgent Check Issued October 24, 1997.
*6 Urgent Check Issued October 22, 1997.
*7 Urgent Check Issued October 27, 1997.
*8 Urgent Check Issued November 05, 1997.
*9 Urgent Check Issued November 05, 1997.
*10 Urgent Check Issued October 28, 1997.
Total 212,983.28
Page 3
Claims No. B7-3
K8eaUngS7-34
Date: November 2J. 1QQ7
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
3113 46.01 Ace Fire Equipment & Service Company Fire Extinguisher
3114 125.45 ADT Security Services Alarm Service
3115 86.51 Allen Equipment Company Equipment Parts
3118 402.09 °1 Allan Steel Steel Cable
3117 74.66 Randy Anderson Vehicle Expense
3118 808.18 Arne' Sign & Decal Company, Inc. Signs
3118 419.78 AT & T Long Distance Service
3120 75.72 Barron Park Supply Enterprise Rental Repairs
3131 73'443.38 Bianchi Construction Incorporated Bach Driveway & Jones Rd. Repairs
3122 7'224.00 California Conservation Corps. Exotic Plant Removu|-Pu|guuRidge
3123 350.00 °2 California Department nfParks & Reoreotion Conference Fee--D. Songuinmtd
3134 22.00 California Department ofTransportation Resource Documents
3125 352.30 California Water Service Company Water Service
3126 4,318.14 Cn|(nnderAoaooiateu Windy Hill Perking Lot--Consultant
3127 158.83 Capitol Inquiry, Inc. Resource Documents
3128 88.88 Carolina Biological Supply Mioroprojuotor Repair Parts
3129 315.44 °3 Cano||a Grain /& Hay Straw Ba|uu-Sohoo| Road Repairs
3130 28.00 Coast Views Subscription
3131 97.31 Cole Supply Company, Inc. Janitorial Supplies
3133 240.00 Community School of Music & Arts "Kids Art of Open Space" Classes
3133 8.12 Contemporary Engraving Name Badges
3134 425.00 Toni Coru||i, Botanist Environmental Consultant
3135 30.00 Country A|rnoneo Subscription
3136 112.42 Lauren Crook Reimbursement--User Manuals
3137 50.00 Betsy Crowder Reimbursement--Conference Expense
3138 61.67 Dennis Danielson Reimbursement--First Aid Supplies
3139 723.86 Mary Davey Reimbursement--Conference Expense
3140 1,592.00 Department of Water Resources Ricky Oann Fees
3141 3'882.83 Deborah G. Mills-Design Concepts Graphic Design Projaoio-Dct. 12thEvant
3142 65.00 Evergreen Environmental Services Waste Oil Rmnnuvu|
3143 120.84 Film To Frame Film Developing
3144 49.49 G & KServices Shop Towel Service
3145 286.31 Gardon|and Power Equipment Field Supplies
3146 938.34 GooduoProon' Inc. Banquet Invitations
3147 125.97 Goodyear Auto Service Center Tires
3148 2'000.00 Greenbelt Alliance Membership
3148 160.79 GTE K8obi|not Cellular Phone Service
3150 66.00 Bruce Harmon Reimbursement--Culvert Permit
3151 258.88 H & L International, Inc. G|uvao
3152 305.87 Jodi Isaacs Vehicle Expense
3153 100.00 Steve Kilmer Custom Water Tank--Spray System
3154 208.81 Kaiser Cement Corporation Baooruck
3155 108.94 Kragen Vehicle Repair Parts
3158 655.75 Lanier Worldwide, Inc. Copier Lease
3157 103.74 Los Altos Garbage Company DunopoterSmrvioo
3158 321.24 Lucent Technologies AT & TMaintenance
3159 164.00 °4 Lutz Ford Vehicle Repairs
Page
Claims No. 97-2O
yNeotngS7-34
Date: November 22. 18S7
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
3101 2'473.35 David Mealy 8/ Associates Tax Analysis Consultant
3102 374.45 K8etroK4obi|oConnmunivationo Radio Repair and Parts
3163 803.13 Minton'o Lumber & Supply Field Supplies and Equipment
3184 260.00 Miracle Auto Painting 8/ Body Repair Vehicle Repair
3185 35.00 Mobile Radio Resources Radio License Renewal
3106 151.81 Mountain View Garden Center Bridge K8otmria|o
3167 104.00 Mountain View Optometry Prescription Safety G|auuoo
3168 40.55 Noble Ford Tractor, Inc. Hydro 0|
3169 76.84 Northern Energy Propane Service
3170 2'824.50 Office Helper Products File Cabinets and Office Supplies
3171 263.59 Pacific Bell Telephone Service
3172 280.71 Pacific Coast Seed Revegitadon Seed
3173 50.00 City of Palo Alto Hearing Examiner Service
3174 905.59 Peninsula Blueprint, Inc. 8|ue|inau and Map Printing
3175 150.00 *5 Peninsula Conservation Center Foundation Reservations--Environmental Awards
Evant-C. Bruins, B. Crowder, S. So|omo
3176 103.04 Pi|aroitoo Ouerry'VVoat Coast Aggregates, Inc. Baoerook
3177 35.82 Pitney Bowes Credit Corporation K8ui| Equipment Charges
3178 349.75 Platypus PhaoeU Exhibita-Dania|m Nature Center
3179 381.17 Pip Printing Newsletter Printing
3180 1'000.00 Popish Appraisal &/ Consulting Appraisal Consultant
3181 6'151.05 Pn/tn|u Park Heights Property Owners Assoc. Road Repairs per Agreement
3182 1,500.00 Town of Porto|a Valley Retainer to Town--Windy Hill Project
3183 94.20 Povvednnd/8mith Equipment, Inc. Light For Tractor
� 3184 108.74 PrioeContco Conoumab|eo
3185 8'225.00 Rana Creek Grassland Study--Consultants
3186 12.74 Rancho Cobbler 8/ Cleaners Leather Conditioner
3187 38.96 Recreational Equipment' Inc. 25th Anniversary Event Supplies
3188 494.71 RomtroornFacilities Reo1roomSupp|ieu
3189 10.50 Rich's Tire Service Tire Repair
3190 382.21 Russ Enterprises, Inc. Signs
3181 378.10 San Jose Mercury News Advertisement-ROS3VVorknhopa
3182 117.04 °G Second Cup Business Meeting Expense
3183 970.24 °7 Security Contractor Service Fencing &4ateho}o
3194 131.25 SueSohentman Reim buroomont-Bar Dues & Publications
3195 1'248.14 Shannon Associates Manager Recruitment Services
3190 280.49 Shell Oil Company Fuel
3187 3'760.70 John Shelton, Inc. Erosion Control K8oterie|o
3198 18.70 SkyvvoodTrading Post Fuel
3199 80.00 °B Natasha Miller-Smith Anniversary Banquet Entertainment
3200 80.00 °@ Amanda Smith Anniversary Banquet Entertainment
3201 244.54 Stevens Creek Quarry, Inc. 800nrock
3202 43.86 Bob Stewart Haoourno Documents
3303 301.35 Target Specialty Products Weed Abatement Products
3204 1'096.03 Teate/ & Etc. Vision Map Graphics
3205 5'282.71 Torrat*oh' Inc. Landslide Project Engineering Services
3206 61'173.00 T.K.O. Construction Road R*po\/ Projects--Skyline Preserves
3207 688.13 TTCTourn Charter Servioeo'-V|P Land Tour
Page
Claims No 97-20
yWeetngS7'34
Date: November 22. 1997
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
3208 194.64 The Tufnut Works Field Supplies
3209 2'980.83 U.S. Rentals 8ockhoeRanto|
3210 3'105.12 °10 Visa Business Meeting Expense, Conference
Expense, Field Supplies &' Books
3211 243.50 West Coast Rebor HeberStekea
3312 208.23 VVhoo|ornith Raffle Prize--Oct. 12thEvent
3213 67.41 K8iohee| Williams Vehicle Expense
3214 300.00 Roberta Wolfe Recording Services
3216 48.06 Workingman's Emporium Uniform Supplies
°1 Urgent Check Issued October 27' 1897.
°2 Urgent Check |aouod NovenoborOO. 1997.
°3 Urgent Check Issued Novennbmr04' 1997.
°4 Urgent Check Issued Novembar03' 1997.
°5 Urgent Check |oou*d October 24' 1997.
°8 Urgent Check Issued October 22. 1997.
°7 Urgent Check Issued October 27, 1897.
*8 Urgent Check |oouod NnvemnberU5' 1997.
°B Urgent Check Issued NovernborO5' 1987.
°10 Urgent Check Issued October 28' 1897.
Total 212'218.13
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager.
DATE: November 7, 1997
SUBJECT: FYI
Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos,CA 94022-1404 , Phone:650-691-1200
« 1972-1997« FAX:650-691-0485 a E-mail: mrosd@openspace.org & Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary
C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz « General Manager.L.Craig Britton
Sempervirens Fund Established 1900F 77_t
Drawer BE, Los Altos, CA 94023-4054
415/968-4509 Fax 415/968-0713
For the preservation of redwood lands €
Board of Directors
Ellen C.Weaver GCa
President November 3 , 1997 cc
John D.Luckhardt
Vice President
Michaels.Barton Secretary Mary C . Davey, President
GezaL.Gyorey Board of Directors
Treasurer Chris W.Beekhuis Midpeninsula Regional Open Space District _-..
Robert A.Bryan 330 Distel Circle
Mary C.Davey Los Altos, CA 94022-1404
William N.Harris
Gil V.Hernandez
Harry W.Hind Dear Mary:
Claude A."Tony'Look
Betsy B Ross
Don chardP. On behalf of Sem ervirens Fund Board and staff I convey
Richard P.Wheat,M.D. p Y
StephenN.Wyckoff hearty congratulations in celebration of your 25th
George Collins anniversary!
Honorary Vice President rY
Howard King
Honorary Vice President your quarter-century achievement of preserving over 42 , 000
Thomas K.McCarthy q rY p g
Honorary Vice President acres of public open space land is impressive as is your
Sponsors ongoing capacity to manage it so effectively for public
Clyde Arbuckle enjoyment.
Stanley M.Barnes
Allan F.Brown
Robert V.Brown We also are appreciative of the special role the District
Mrs Robert Busher h played in offering erin Frederica Clark as p Y g staff participation and office
James R.Compton facilities for meetings of the Santa Cruz Mountains
Mabel Crittenden
Mrs.Morris M.Doyle Bioregional Council these past few years.
Robert B.Flint,Jr.
Robert H:Geisler
Edward Ginzton Sempervirens Fund is pleased to have had a small part
Michael D.Green working with the District to secure several critical parcels
William R.Hewlett
Leo A-Hoefer in the Saratoga Gap area. We look forward to continued
Penny Gerbode Jay opportunities for joint effort in the coming years as we
Donald Kennedy
Robert C.Kirkwood move into the future together with a common mission of
Betty Jones Kroeber preserving the best of the remaining Sa to Cruz Mountain
Melvin B.Lane
Mrs.Horace Laughlin lands .
Putnam Livermore
Paul Locatelli,S.J.
Mrs.I.S Mark Sincer
Dean McHenry
Robert McIntyre
Brian O'Neill
Margaret Owings
Billy Prior
Robert C.Rempel Verlyn Clausen
Kirk Smith Executive Director
Mrs.Jean S.Steinhardt
John W.Stypula /
Denzil Verardo
Jennie Verardo cc : L. Craig Britton ✓
Keith A-M.Walker
Charles A.Walton
Advisors
Kindel T.Blau
Doris Leonard
Alexander Lowry
Betsy Blais Shotwell
Michael E.SouI6
Stephen M.Stevlck
Executive Director
Verlyn H.Clausen
Pinted on Recycled Paper
Regional Open -0ce
1
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 3, 1997
Honorable Ted Lempert
Member, California State Assembly
State Capitol, Room 2188
Sacramento, CA 95814
Dear Assemblyman Lempert:
On behalf of the Board and staff of the Midpeninsula Regional Open Space
District, and our over 600,000 constituents, I'd like to thank you for your hard work in
authoring AB 1366, and guiding it successfully through the legislature and across the
Governor's desk.
Your staff members in both Sacramento and Palo Alto were, and continue to be,
very cooperative, proactive, and professional. It was a pleasure working with them, and
with you on this important piece of legislation.
With the success of AB 1366, we now look forward to working with you on the
next step of securing appropriate funding to implement the trail easements and related
improvements. State Parks has indicated a great willingness to work with us in seeing that
the easement transfers take place as smoothly as possible. Their cooperation is due
largely due to the efforts of you and your staff.
Again, thank you for your continuing support of the District and its programs, and
of open space and parks in our region.
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Ralph Heim
T44 A",ow mac.UZd 5�4.►
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA,94022-1404 • Phone:650-691-1200
. 1972-1997. FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
(7
Regional Open *ce
1
��-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 31, 1997
President Bill Clinton
The White House
Washington, DC 20500
president@whitehouse.gov
Subject: Land and Water Conservation Fund -- Opposition to the Interior Appropriations Bill
Dear President Clinton:
On behalf of the Midpeninsula Regional Open Space District and its constituents, I am
writing to urge you to reject the Interior Appropriations Bill, which severely undermines the
integrity of the Land and Water Conservation Fund.
After decades of neglect and under-appropriation,the Land and Water Conservation Fund
is finally at a reasonable level in the Appropriations Bill. Yet, there is no provision for stateside
grants, and it is proposed to divert much of the funding to maintenance and operation instead of
acquisition of open space and park lands, and capital improvements. The Appropriations Bill's
proposed uses of this Fund are dramatically inconsistent with those authorized by the Land and
Water Conservation Fund Act.
I urge you to remove these inappropriate and unacceptable provisions from the Interior
Appropriations Bill so that the Land and Water Conservation Fund can be used for its intended
purposes.
Sincerely,
Mary C. Davey, President
Board of Directors
MCD/mcs
cc: MROSD Board of Directors
Bay Area Open Space Council
44 A{Nrww,m-14 Wwa�
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997 • FAX:650-691-0485 • E-mail:mrosd®openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton
Regional Open *ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 28, 1997
BNY Western Trust Company
550 Kearny Street, Suite 600 '
San Francisco, CA 94108
Attention: Ms. Priscilla Dedoro
Re: Continuing Disclosure Agreement Regarding the Midpeninsula Regional Open Space
Financing Authority 1996 Revenue Bonds(Supplemental)
Dear People:
In reference to my letter of October 2, 1997, I have modified and attached the following:
l. Updated table of District secured and unsecured tax receipts for the ten years ending June
30, 1997; and
2. Updated table of debt outstanding of the District as of June 30, 1997.
The revised sheets include only minor corrections, but please substitute them for the previously
delivered documents.
in ly,
L Ca Bo. igrittn
General Manager
LCB:sds
attachments
cc: MROSD Board of Directors
Mike Foster, Controller
U-4 Wyk o►•44 WU 5�4I
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 0 General Manager:L.Craig Britton
TABLE._$
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DEBT OUTSTANDING
O THOUSANDS)
OBLIGATION 1997/98
ORIGINAL OUTSTANDING DEBT FINAL
AMOUNT 6/30/97 SERVICE PAYMENT
FOOTHILLS 192 144 18 DEC 1998
SKYLINE 500 500 33 MAR 2003
SIERRA AZUL (1) 150 89 13 AUG 2008
1990 NOTES 15,000 13,885 1,609 SEP 2010
1992 NOTES 8,000 8,000 792 DEC 2012
1993 COP 17,315 17,175 1,289 SEP 2020
1995 NOTES 11,500 11,500 799 MAR 2015
1996 REVENUE BONDS 29,910 29,910 1.426 SEP 2026
TOTAL $82,567 $81,203 $5,979
(1) AGGREGATION OF NOTES PAYABLE FOR PARCELS WITHIN ONE OPEN
SPACE PRESERVE.
TABLE 2
DISTRICT SECURED AND UNSECURED TAX RECEIPTS (1)
FISCAL SAN MATEO SAN MATEO SAN MATEO SANTA CLARA SANTA CLARA SANTA CLARA TOTAL DISTRICT
YEAR COUNTY COUNTY COUNTY TOTAL COUNTY COUNTY COUNTY TOTAL SECURED AND
UNSECURED SECURED UNSECURED SECURED UNSECURED
1987-88 $221,739 $1,674,445 $1,896,184 $507,689 $3,712,180 $4,219,869 $8,116,053
1988-89 2 $236,983 $1,792,226 $2,029,209 $574,021 $4,007,120 $4,581,141 $6,610,350
1989-90 $242,246 $2 031 886 $2,274,132 $625,167 $4,476,832 $5,101,999 $7,376,131
1990-91 $280,485 $2 342,564 $2,623,049 $739,049 $4,580,579 $5,319,628 $7,942,677
1991-92 $312,098 $2,426,882 $2,738,980 $742,900 $5,311,839 $6.054,739 $8,793,719
1992-93 $331,431 $2,449,937 $2,781,368 $762,242 $5,448,227 $6,210,469 $8,991,837
1993-94 $363,596 $2,633,077 $2,998,673 $754,355 $5,431,540 $6,185,895 $9,182,568
1994-95 $322,486 $2,829,980 $3,152,466 $704,557 $5,947,135 $6,651,892 $9,804,158
1995-96 $351,800 $2,909,826 $3,261,626 $716,892 $5,906,079 $6,622,971 $9,884,597
1996-97 $356,314 $3,049,870 $3,406,184 $800,423 $6,076,525 $6,876,948 $10,283,132
(1) The District also receives a share of delinquent taxes, redemption fees and supplemental taxes and
State subventlon payments received by each County. This revenue totaled $414,875 in 1995-96
and $445,950 in 1996-97.
(2) Nine-Month fiscal year(District changed fiscal year end from June 30 to March 31).