HomeMy Public PortalAbout19990811 - Agendas Packet - Board of Directors (BOD) - 99-20 Regional Open Wce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-20
NOTICE OF SPECIAL MEETING
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY AND
SPECIAL MEETING AND REGULAR MEETING
BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AGENDA*
7:00 P.M. 330 Distel Circle
Wednesday Los Altos, California
August 11, 1999
***PLEASE NOTE***
7:00 P.M. Closed Session Start Time
7:30 P.M. Public Meeting Start Time
(7:00) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
CLOSED SESSION
The Closed Session will begin at 7:00 P.M. At 7:30 P.M., the Board will adjourn the
Special Meeting Closed Session to the Regular Meeting, and at the conclusion of the
Special Meeting, the Board may reconvene the Special Meeting Closed Session.
1. Conference With Real Property Negotiator - Government Code Section 54956.8
Real Property: San Mateo County Assessor's Parcel Number: 049-380-040
Negotiating Parties: Benedetti Trust Negotiator: Lucile Benedetti
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
Agency Negotiator: Mike Williams
(7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- J. Cyr
*** APPROVAL OF MINUTES
June 9, 1999 (Consent Item)
July 14, 1999 (Consent Item)
July 24, 1999 (Consent Item)
July 27, 1999 (Consent Item)
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650 691-1200
FAX:650-691-0485 . E-mail: mrosd@openspac:e.org • Web site:www.openspice.org
t3o,trd of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little Nanette Hanko,Betsy Crowder,Kenneth C. Nit/ •Genera!Manager:t.C:rmg Britton
Meeting 99-20 Page 2
BOARD BUSINESS
(7:45) 1. Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999
Revenue Bond Financing (Second Issue) by the Midpeninsula Regional Open Space
District Financing Authority and on the Significant Public Benefit Thereof- C.
Britton
(7:55) 2. Issuance of 1999 Revenue Bonds (Second Issue); Confirm That Two Public
Hearings Were Held by the Board of Directors of the Midpeninsula Regional Open
Space District, One on Tuesday, July 27, 1999, at the Town of Portola Valley's
Town Hall, 65 Portola Road, Room 8, and One on Wednesday, August 11, 1999,
at the District's Administrative Office at 330 Distel Circle, Los Altos, as Required
for Approval of Financing and Adoption of Findings Pursuant to Government Code
Section 6586.5
Resolution Approving the Issuance of the Midpeninsula Regional Open Space
District Financing Authority 1999 Revenue Bonds, Second Issue, and Determining
That There are Significant Public Benefits to the District From the Issuance of Such
Bonds
Resolution Authorizing the Execution and Delivery of a Site Lease, a Project Lease,
a Local Obligation Purchase Contract and a Continuing disclosure Agreement, and
Approving a Preliminary Official Statement and an Agreement for Bond Counsel
Services and Certain Other Matters in Connection Therewith
Resolution Authorizing the Issuance of the Midpeninsula Regional Open Space
District 1999 Promissory Notes in a Principal Amount Not to Exceed $8,000,000
and Providing for the Form, Execution and Repayment of Said Notes
(8:05) THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WILL ADJOURN AT THIS
TIME IN ORDER TO CONVENE A SPECIAL MEETING OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY. THE REGULAR
MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT WILL RECONVENE AFTER THE ADJOURNMENT OF
THE FINANCING AUTHORITY MEETING
(8:15) 3. Approval of License Agreement With Residents of Sheldon Road for District to Use
and Manage a Public Trail Across a Portion of Sheldon Road at El Sereno Open
Space Preserve; Determination That the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act; Authorization for the
President of the Board of Directors to Sign the License Agreement for District to
Manage Trail Access Across a Portion of Sheldon Road and Any Required
Certificate of Acceptance with the Residents of Sheldon Road as Listed by
Assessor's Parcel Numbers; and Tentative Adoption of the Preliminary Use and
Management Plan - D. Woods
Meeting 99-20 Page 3
(8:25) 4. Approval of Amendment to Settlement Agreement and Related Implementing
Agreements for Proposed Acquisition of Property of the Russian Convent of Our
Lady of Vladimir, Inc., Creating the Mills Creek Open Space Preserve; and
Authorization for the President of the Board of Directors, Subject to the Approval
of the General Manager and General Counsel, to Approve Minor Revisions to the
Settlement and General Release Agreement and Related Implementing Agreements
That May be Necessitated by the Land Use Regulatory Requirements of San Mateo
County, and Which do not Involve Any Substantial Change to the June 21, 1999
Partial Site Plan for the Convent Project - S. Schectman
Resolution Approving Amendment to Settlement and General Release Agreement
and Implementing Agreements, Authorizing Officer to Execute Certificate of
Acceptance and Other Amendment Documents, and Authorizing General Manager
and Board President to Execute Any and All Other Documents Necessary or
Appropriate to Implement the Amendment (Mills Creek Open Space Preserve -
Lands of Russian Convent of Our Lady of Vladimir, Inc.)
*** 5. Authorization for Staff to Advertise for Bids to Purchase One Brush Chipper - D.
Topley
*** 6. Cancellation of August 25 Meeting - C. Britton
(8:35) INFORMATIONAL REPORTS -- Directors and Staff
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.
ice
Regional a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-14
REGULAR MEETING
BOARD OF DIRECTORS
June 9, 1999
M NUTES
I. ROLL CALL
Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens(7:35 P.M.), and
Nonette Hanko.
Members Absent: Deane Little and Ken Nitz.
Staff Present: John Escobar, Sue Schectman, Randy Anderson, Peggy Coats, Deirdre
Dolan, and Duncan Simmons.
Motion: M. Davey moved that the Board appoint N. Hanko as Pro Tern Secretary.
N. Hanko seconded the motion. The motion passed 4 to 0.
II. SPECIAL ORDER OF THE DAY
J. Escobar presented the staff reports.
1. Resolution Honoring Larry Coons, Retiring General Manager, Santa Clara County Open
Space Authority
Motion: M. Davey moved that the Board adopt Resolution 99-21, A Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Honoring and Commending Larry Coons Upon His Retirement from the
Santa Clara County Open Space Authority. N. Hanko seconded the
motion. The motion passed 4 to 0.
2. Resolution Honoring Dinesh Desai, for his Fundraising Hike Around the Bay Area Ridge
Trail
B. Crowder noted that she would be walking with Mr. Desai for a portion of his hike in
San Mateo County.
Motion: B. Crowder moved that the Board adopt Resolution 99-22, A Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Honoring and Commending Dinesh Desai for His Fundraising
Hike around the Bay Area Ridge Trail. N. Hanko seconded the motion.
The motion passed 4 to 0.
330 Distel Circle - I os Altos, CA 940 22-1404 - Phone: 050-091-1200
FAX: 050-091 0485 - E-mail: wet)site: www.ol)enspa((,.org �
Bo,ird of fire(tors Pete Siemens,Mal C. Davey, led C r,�Deane 1,ittle Nonette Nankn, Bel � �r�en�i n
y Cro�ti�der, kenneth C Nitz �G M,tn.��t�r l ( rain,t3ritirm
Meeting 99-14 Page 2
III. ORAL COMMUNICATIONS —None
IV. ADOPTION OF AGENDA
Motion: N. Hanko moved that the Board adopt the agenda. B. Crowder seconded the
Motion. The motion passed 4 to 0.
V. ADOPTION OF CONSENT CALENDAR
Motion: M. Davey moved that the Board adopt the Consent Calendar, including approval
of the minutes of the April 14 and April 28, 1999, Special and Regular meetings;
agenda item 3,Denial of Two Claims for Damages Against the District, the
Board of Directors, and District Staff Submitted by Richard J. Bourke, agenda
item 4, Award of Contract to Purchase Five Prefabricated Pit Toilet Restrooms
From Restroom Facilities Corporation of Reno, Nevada for$105 553.00 for
Purisima Creek Redwoods Rancho San Antonio, and Skyline Ridge Open Space
Preserves, agenda item 5,Final Adoption of a Use and Management Plan
Amendment for Long Ridge Open Space Preserve to Allow Leashed Dog Access
Under a Test Case Permit System; and Revised Claims 99-11. N. Hanko
seconded the motion. The motion passed 4 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1.—Appointment of Peace Officers Carrie Sparks-Hart and Jennifer
Menk—(Report R-9-77)
J. Escobar presented the staff report.
Motion: N. Hanko moved that the Board adopt Resolution 99-23, A Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Appointing Peace Officer Carrie Sparks-Hart Pursuant to Section
830.31(b)of the Penal Code of the State of California to Enforce the
Midpeninsula Regional Open Space District Land Use Regulations and
Those State and Local Regulations Related to the Protection and Safe Use
of District Land. B. Crowder seconded the motion. The motion passed 4
to 0.
Motion: N. Hanko moved that the Board adopt Resolution 99-24, A Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Appointing Peace Officer Jennifer Menk Pursuant to Section 830.31(b) of
the Penal Code of the State of California to Enforce the Midpeninsula
Regional Open Space District Land Use Regulations and Those State and
Local Regulations Related to the Protection and Safe Use of District Land.
B. Crowder seconded the motion. The motion passed 4 to 0.
B. Agenda Item No. 2—Extension of the Agreement and Site Lease for Deer Hollow Farm,
And Authorize General Manager to Execute First Amendment to the Agreement with the
City of Mountain View and Santa Clara County to Extend the Joint Operation of Deer
Meeting 99-14 Page 3
Hollow Farm, and Authorize General Manager to Execute the First Amendment to the
Site Lease Between the District and the County of Santa Clara to Extend the Lease, and
Determination That The Recommended Actions Are Categorically Exempt From CEQA
—(Report R-99-81)
J. Escobar reviewed staff recommendations. S. Schectman noted that the CEQA
determination needed to be added to the General Manager's recommendations.
NOTE: At 7:35 P.M., Director Siemens arrived.
Motion: B. Crowder moved that the Board authorize the General Manager to
execute the First Amendment to the Agreement with the City of Mountain
View and the County of Santa Clara extending the joint operation of Deer
Hollow Farm until June 30, 2000; authorize the General Manager to
execute the First Amendment to the Site Lease between the District and
the County of Santa Clara extending the lease until June 30, 2000; and
determine that the recommended actions are categorically exempt from
CEQA. N. Hanko seconded the motion. The motion passed 5 to 0.
J. Escobar said the City of Mountain View City Council approved the
agreement at their meeting last night, and that the County Board of
Supervisors would consider it on June 22.
VII. INFORMATIONAL REPORTS
Crowder: 1. She said she would hike on the Coyote Valley Trail with Dinesh Desai the next
day. 2. She and M. Davey went to the kickoff campaign event for Rose Jacobs Gibson's re-
election as San Mateo County Supervisor. The event was held at Anna Eshoo's home.
N. Hanko announced that Peter Marchi, a farmer on the coast, sent some fresh vegetables for
Board members and staff to share.
M. Davey: 1. She said she would not be able to attend the volunteer recognition event. 2. She
attended the controlled burn at Sierra Azul last Friday. She said it was an exciting day and a
wonderful example of the District allowing the fire departments to coordinate a controlled burn
on District land. She said staff was excellent and passed out a schedule. 3. She pointed out an
article in the San Jose Mercury News, which she thought provided some insight about protecting
farmland. 4. She had a copy of POST's presentation of the land they have bought and the land
they propose to buy for the future. 5. Regarding the Stanford Community Resource Group
(CRG), she was appointed to represent her areas of interest and some expertise in housing and
open space. They had their first meeting last Wednesday, and met the consultant, County
planning staff, and other employees. The group's mission is to offer advice to the County
planning department about the coming use permit that Stanford will ask for as well as a
community plan which will be part of the comprehensive plan for the County. At the four
meetings scheduled for August they will address housing, open space, transportation, land use,
and academic interests. They will meet with the County Supervisors in September, offer advice
and counsel, and have an opportunity to comment on the County's recommendation to the Board
of Supervisors.
Meeting 99-14 Page 4
J. Cyr: 1. On Sunday, he spent four hours manning a booth at the Sunnyvale Art and Wine
Festival. He was asked about the parking fee at Rancho San Antonio. The separation between
the District and County parks is not clear. 2. In commenting on the meeting on the coast side
the day before, he said it was critical to hear all views. He sensed progress in finding common
ground.
N. Hanko added that some members of the committee were trying to work out an alternate
solution to the District use of eminent domain by which the county would amend some
regulations having to do with the local coastal program. She talked to the consultant who felt
that urging this sort of action takes the committee away from what their original charge was and
gets more into politics. They have no control over the Board of Supervisors making changes in
regulations. The ad hoc committee will be meeting with staff to work out something for the next
advisory committee meeting on June 22.
J. Escobar: 1. M. Smith was at a conference with C. Britton. He will be preparing a memo
regarding current efforts to revitalize the land and water fund. 2. He and D. Little went to
Rancho on Sunday, and by 9:00 A.M., the parking was already full. He described their tour of
District lands in the southern end of the District. 3. There had been several arson fires on Bear
Meadow trail at Picchetti. H. Haeussler mentioned that he had noticed signs of the fires during a
horseback ride, and said he would keep his eyes open.
S. Schectman: She provided legal updates on the following: 1. At an informal meeting, they
had reached a tentative settlement of$75,000 in the Thomewood tree cutting matter. 2. In the
Richard matter,they have completed arbitration and may have reached a settlement. 3. The
Teague Hill claim of water damage was going to trial on Monday. They would attempt
mediation before the trial. 4. The settlement agreement went out on the Ireland matter this
week.
VIII. ADJOURNMENT
At 7:58 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
Claims No. 99-11
Meeting 99-14
Date: June 9, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6204 130.49 ADT Security Services Burglar Alarm Service
6205 188.07 Artech Laminating Lamination Supplies
6206 18.08 AT&T Telephone Service
6207 153.30 Bailey's Field Supplies
6208 65.00 Berry's Pest Control Service Pest Control--Enterprise Rentals
6209 768.58 Big 4 Rents Excavator-Rental Equipment
6210 198.00 Bill's Towing & Recovery Towing Services
6211 4,785.00 Louis Bordi General Engineering Skyline Ridge Dumpsite Road Restoration
6212 387.00 Brian Kangas Foulk Teague Hill Planner Services
6213 108.85 Cabela's Uniform Vests
6214 160.56 California Water Service Company Water Service
6215 110.82 Camino Medical Group Medical Services
6216 277.01 Kerry Carlson Reimbursement-Field Supplies
6217 5,642.08 Carpenter Printing Skyline Brochure Printing
6218 599.71 Cascade Fire Equipment Company Uniform Supplies
6219 380.00 Casino Game Rental Volunteer Appreciation Event--Deposit
6220 138.60 Cole Supply Co., Inc. Janitorial Supplies
6221 608.57 Compurun Computer Repairs
6222 21.11 Contemporary Engraving Name Badge Engraving-VTP Class
6223 225.32 Costco Wholesale Office& Field Supplies
6224 14,033.83 Dell Marketing, L.P. Computers & Monitors
6225 115.78 Dynamed Safety Supplies
6226 247.07 Matt Freeman Vehicle Expense
6227 163.90 Emergency Vehicle Systems Siren Speaker
6228 79.00 Falore Dodge Vehicle Repairs
6229 1,259.00 First American Title Company Escrow&Title Fees-POST Garrod
6230 39.72 Forestry Suppliers, Inc. Field Supplies
6231 195.00 G. E. Richardson Electric Electrical Repairs-Distei Circle Building
6232 10,000.00 General Convention of the New Jerusalem Defeasance Fee--Sierra Azul OSP
6233 347.64 Goodco Press, Inc. Printing Services
6234 154.14 GTE Wireless Cellular Phone Service
6235 14.32 Hyster Sales Company Equipment Supplies
6236 77.94 Interstate Traffic Control Products Sign Posts
6237 240.00 J Bro Batteries, Inc. Radio Batteries
6238 200.00 Tamara Kan Grassland Consultant
6239 1,078.88 Ketch-All Company Animal Catch Poles
6240 5,500.00 Kier&Wright Civil Engineers& Surveyors Property Surveying
6241 5,000.00 *1 Lucille&William Ming Sing Lee, 1991 Trust Defeasance Fee/Purchase Fee
6242 117.36 Los Altos Garbage Company Dumpster Service
6243 479.29 Lucent Technologies Phone Maintenance Service
6244 177.16 MCI Worldcom Long Distance Phone Service
6245 213.83 Paul McKowan Reimbursement-Postage & Recognition
Event Supplies
6246 145.00 MetroMobileCommunications Radio Repair&Servicing
6247 455.00 Micro Accounting Solutions Computer Consulting
6248 608.13 Moffett Supply Company Janitorial Supplies
6249 24.28 *2 National Notary Association Membership & Dues-P. Coats
Pagel
Claims No. 99-11
Meeting 99-14
Date: June 9, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6250 40.15 Noble Ford Tractor, Inc. Tractor Oil
6251 38,170.00 North American Title Company Hubenette Acquisition
6252 3,379.00 North American Title Company Escrow&Title Fees-Foster Property
6253 154.45 Northern Energy Propane Service
6254 1,891.90 Pacific Bell Telephone Service
6255 189.87 Pearson GMC Vehicle Repairs
6256 73.62 Peninsula Blueprint, Inc. Printing Services
6257 103.75 PIP Printing Docent Connections Printing
6258 14.97 PC Computing Subscription
6259 1,251.51 Progressive Technologies Body Armor Vests—New Recruits
6260 3,082.42 Rana Creek Habitat Restoration Phase III Grassland Study-Consultants
6261 27.06 R. E. Borrmann's -Steel Co. Hardware
6262 1,035.00 Eric Remington Wildlife Assessment Consultant
6263 91.45 Royal Brass Inc. Fire Pumper Parts
6264 46.18 Roy's Repair Service Vehicle Repairs
6265 1,067.32 Russ Enterprises, Inc. Signs
6266 603.00 San Francisco Newspaper Agency Recruitment Advertisement
6267 50.00 San Mateo County CSDA Annual Dues
6268 12.00 Santa Clara County Audubon Society Subscription
6269 95.17 Sue Schectman Vehicle Expense
6270 56.45 *3 Second Cup Business Meeting Expense
6271 520.92 Shell Oil Company Fuel
6272 129.90 John Shelton, Inc. Drainage Pipes
6273 47.86 Signs of the Times Signs
6274 57.24 Skywood Trading Post Fuel
6275 90.00 Sonoma State Univ. Academic Foundation Historic Records Search
6276 45.47 Summit Uniforms Uniforms
6277 71.00 Swift Attorney Service Legal Delivery Service
6278 3,500.00 Grant Thornton Auditor Services
6279 19,648.31 2M Associates Consulting Services--Annexation
6280 149.59 Vallen Safety Supply Company Gloves
6281 528.00 Rich Voss Trucking, Inc. Baserock Delivery
6282 12,965.00 Westcoast Litho& Imaging Annual Report Printing
6283 394.16 West Group Payment Center On-Line Legal Service
6284 97.96 Michael Williams Vehicle Expense
6285 85.56 Lisa Zadek Vehicle Expense
6286R 8,566.25 TKO Construction La Honda/Purisima Creek Bridge Project
6287R 600.00 Roberta Wolfe Recording Services
6288R 90.59 Deirdre Dolan Reimbursement--Resource Document
6289R 83.19 Petty Cash Business Meeting Expense, Vehicle
Expense, Office& Field Supplies
*1 Urgent Check Issued May 28, 1999
*2 Urgent Check Issued June 1, 1999
*3 Urgent Check Issued May 27, 1999
Total 155,038.69
Page 2
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-17
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
July 14, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 7:03 P.M.
Members Present: Nonette Hanko,Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and
Deane Little
Members Absent: Betsy Crowder
Staff Present: Craig Britton, Sue Schectman
II. CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session agenda Item 1.
The Board recessed to Closed Session at 7:03 P.M. and the Closed Session commenced at 7:04
P.M. The Board concluded the Closed Session at 7:30 P.M. and J. Cyr called the Regular
Meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed
Session.
Additional Staff Present: John Escobar, Randy Anderson, Peggy Coats, Deirdre Dolan,
Malcolm Smith
III. SPECIAL ORDER OF TIE DAY
Motion: N. Hanko moved that the Board adopt Resolution 99-27, A Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District Supporting
Full, Permanent, Mandatory Funding of the Land and Water Conservation Fund,
Including Revitalization of the Stateside Grants Program. P. Siemens seconded
the motion.
Discussion: D. Little noted a clerical error in the second line of the last paragraph of the
Resolution("urge" should be"urges").
Vote: The motion passed 6 to 0.
330 Distel Circle - Los Altos, CA 94022-1404 * Phone: 050-091-1200
FAX: 050-091-0485 . F-mail: mrosdaopenspace.org * Web site:www.opensl)a(e.org
Board of Oi ec7oe; Pete Sienwns,Mari Davey, led Cyr, Deane Little, Noneite Hanko, Betsy Crowder, Kenneth C. Nit/ ®(;ones/Mana,wr:L.Craig Rritton
Meeting 99-14 Page 2
IV. ORAL COMMUNICATIONS —There were none.
V. ADOPTION OF AGENDA
It was noted that since Written Communications did not appear on the agenda, no action could be
taken on them by the Board. C. Britton said the Board President would sign the replies and they
would be included in the FYIs at the next meeting. These replies were to written
communications from Honorable Kris Casto, Member, Los Altos City Council, 1720 Holt
Avenue, Los Altos; Donna Peterson, 23450 Ravensbury Avenue, Los Altos Hills; and Mr. Alex
McIntyre, Town Administrator, Town of Portola Valley, 765 Portola Road, Portola Valley.
Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the motion.
The motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
K. Nitz removed agenda item 8, Denial of a Claim Submitted by Paul and May Koski for
Contribution From the District for Culvert and Driveway Repairs.
Motion: K. Nitz moved that the Board approve the Consent Calendar, including agenda
item 3, Cancellation of July 28, 1999 Regular Meeting; agenda item 4, Schedule
Special Meetings of the Board of Directors of the Midpeninsula Regional Open
Space District for 10:00 a.m., Saturday, July 24, 1999 and 10:00 a.m., Saturday,
August 14, 1999 for the Purpose of Attending Coastal Advisory Committee Tours
of District and Coastal Lands; agenda item 7, Authorization for the President of
the Board of Directors to Execute the Amendment to Lease—Office Space With
Alzheimer's Association for the Distel Enterprise Office Space and Authorization
for the General Manager and Board President to Further Approve Any Minor
Corrections or Grammatical or Technical Revisions to the Amendment, Which do
not Involve a Change to a Material Term, Subject to the Approval of District
Legal Counsel; agenda item 9, Application to Santa Clara County Transportation
Enhancement Fund Program to Acquire Addition to Bear Creek Redwoods Open
Space Preserve(Peninsula Open Space Trust Property), including adoption of
Resolution 99-32, A Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving the Application for Grant Funds for the
Countywide Transporta hancement Program for the Following Project:
Addition to the Bear Creek Redwoods Open Space Preserve(Peninsula Open
Space Trust) Acquisition; and Revised Claims 99-14. D. Little seconded the
motion. The motion passed 6 to 0.
J. Escobar introduced John Nicolas who will fill in as Area Superintendent in the Foothills Area.
P. Coats introduced Network Specialist Paul Romero. R. Anderson introduced Ann Koletzke,
Planning Secretary; and David Uhles, Planning Technician. All new employees were welcomed
by Board Members.
Meeting 99-14 Page 3
VI. BOARD BUSINESS
A. Agenda Item No. 1 —Representation of Independent Special Districts on the Santa Clara
County Local Agency Formation Commission—(Report R-99-98)
Craig Britton reviewed the staff report. P. Siemens added that the time frame when the
votes have to be taken was one year.
Motion: P. Siemens moved that the Board adopt Resolution 99-28, A Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Requesting Special District Representation on the Santa Clara
County Local Agency Formation Commission. M. Davey seconded the
motion.
Discussion: Regarding the ten special districts that had not expressed support, M.
Smith said six said "no" because they don't see the threat, and four did not
reply. Those four included such special districts as Rancho Rinconada
Recreation District and Saratoga Cemetery District. N. Hanko suggested
getting started on this matter right away.
Vote: The motion passed 6 to 0.
B. Agenda Item No. 2—Authorization for the President of the Board of Directors to
Execute the Residential Lease Agreement with the Slag;ht Family for the Employ
Residence in the Sierra Azul Open Space Preserve Area and Authorization for the
General Manager and Board President to Further Approve Any Minor Corrections or
Grammatical or Technical Revisions to the Amendment, Which do Not Involve a Change
to a Material Term Subject to the A�yroval of District Legal Counsel—(Report R-99-99)
J. Escobar presented the staff report, noting that M. Williams had done the bulk of the
work on the project. He pointed out the location of the residence on a map and answered
questions about the agreement. He said the house has four bedrooms. The Slaghts have
been living in the house and are moving to the smaller residence on the property.
Motion: D. Little moved that the Board authorize the President of the Board of
Directors to execute the Residential Lease Agreement with the Slaght
family for the employee residence in the Sierra Azul Open Space Preserve
area; and further authorize the General Manager and Board President to
approve any minor corrections, or grammatical or technical revisions to
the Amendment, which do not involve a change to a material term, subject
to the approval of District legal Counsel. P. Siemens seconded the
motion. The motion passed 6 to 0.
C. Agenda Item No 5a—Approval of Salary Adjustment and Meritorious Pay Award for .
the General Manager and Approval of Amendment to General Manager's Employment
Agreement to Reflect a 6%(Inclusive of a 3% Cost of Living Increase) Adjusted Salary
Meeting 99-14 Page 4
of$110,333 92 Retroactive to March 9. 1999 and a 5%Meritorious Pay Award Totaling
$5,204.43 —(Report R-99-95)
D. Agenda Item No. 5b—Approval of Meritorious Pay Award for the District Controller
Totaling $3,000—(Report R-99-101)
E. Agenda Item No. 5c—Approval of Salary Adjustment and Meritorious Pay Award for
the District Legal Counsel and Approval of Amendment to District Legal Counsel's
Employment Agreement to Reflect a 5% (Inclusive of a 3% Cost of Living Increase)
Adjusted Part-Time Salary of$66,832.50 Retroactive to April 1. 1999 and a 5%
Meritorious Pay Award Totaling $3,182.50, Adjust Vacation Hours From 80 Hours
Annuals to 90 Hours Annually; and Redesignating the Job Title From"District Legal
Counsel" to"General Counsel"—(Report R-99-102)
Motion: N. Hanko moved that the Board adopt Resolution 99-29, A Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving 1999-2000 Salary Adjustment and Meritorious Pay Award for
the General Manager and Approving Amendment to General Manager
Employment Agreement; adopt Resolution 99-30, A Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving a Meritorious Pay Award for the District Controller; and adopt
Resolution 99-31 A Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving 1999-2000 Salary
Adjustment and Meritorious Pay Award for the Legal Counsel and
Approving Amendment to Legal Counsel Employment Agreement. M.
Davey seconded the motion. The motion passed 6 to 0.
F. Agenda Item No. 6—Authorization for the General Manager to Execute an Agreement,
As Approved by the District Legal Counsel with Johnson& Associates, Human Resource
Consultants, in the Amount of$29.500 to Conduct a Classification, Compensation. and
Benefits Study for All District Positions, and Further Authorize a Contingency of$2.950
(10%of the Contract Amount), if Necessary for Additional Tasks to Complete the
Project as Determined by the General Manager—(Report R-99-105)
D. Dolan reviewed staffs recommendations, noting that they have verbal approval for
extending the due date from the union and will be seeking written approval. S.
Schectman said they do not expect the date extension to cause a problem.
Sheila Forsberg, Johnson& Associates, said the company has done work for Santa Clara
Valley Water District, BART, Port of Oakland, and others, including some clients in
Washington and Oregon. She agreed that some classifications are unusual or unique and
therefore difficult to compare with other agencies. She talked about the process used to
determine salary levels, noting that there is an element of judgment. Ms. Forsberg said
they would recommend salary ranges based on median market data. She said they
consider job content as well as job title.
Meeting 99-14 Page 5
Motion: K. Nitz moved that the Board authorize the General Manager to execute
an agreement, as approved by District Legal Counsel, with Johnson&
Associates, Human Resource Consultants, in the amount of$29,500 to
conduct a classification, compensation, and benefits study for all District
positions, and further authorize a contingency of$2,950 (10%of the
contract amount), if necessary, for additional tasks to complete the project
as determined by the General Manager. D. Little seconded the motion.
The motion passed 6 to 0.
G. Agenda Item No. 8—Denial of a Claim Submitted by Paul and May Koski for
Contribution From the District for Culvert and Drivewgy Repairs—(Report R-99-94)
K. Nitz was informed that the property is off Regnart Road next to Fremont Older Open
Space Preserve C. Britton pointed it out on a map. S. Schectman said M. Williams met
with Mr. Koski and had made progress in working out a mutually acceptable agreement.
S. Schectman stated that the law requires that maintenance costs of an easement be
shared in proportion to use, but public access on the easement is another issue. She said
the District's share of the use is 10-20%. C. Britton said staff are seeing more and more
of this kind of situation and part of the job of the new Land Protection Specialist will be
to walk District boundaries and identify these situations in advance.
Motion: P. Siemens moved that the Board deny the claim against the District filed
By Paul and May Koski. K. Nitz seconded the motion. The motion
passed 6 to 0.
H. Agenda Item No. 10—Resolution Providing That Board members Not Otherwise
Eligible for an Employer-paid or Partially Employer-Paid Group Medical or Group
Dental Plan,, or Both,May Participate in Any of Those Plans Available to Permanent
Employees of the District, at the Board Member's Own Expense—(Report R-99-106)
C. Britton reviewed the staff report. D. Dolan answered questions about costs of the two
plans available and said approving this would not affect rates.
Motion: N. Hanko moved that the Board adopt Resolution 99-33, A Resolution
Of the Board of Directors of the Midpeninsula Regional Open Space
District Authorizing Board Members Who Are Not Otherwise Eligible for
an Employer-Paid Group Medical or Dental Plan to Participate, at Their
Own Expense, in Such Plans Available to District Employees. K. Nitz
seconded the motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
N. Hanko: 1. She referred to a memo from Sup. Gordon regarding proposed FEMA regulations
and asked if this would affect the District. R. Anderson said he didn't think so. 2. She talked
about the press releases on trail closures at Purisima Creek and the controlled burn. She asked if
the Coastal Advisory Committee was getting agendas and other information on management
items. C. Britton said they would send the agenda and reports on items that might be of interest
Meeting 99-14 Page 6
to the Committee, in particular management items. Discussion followed about the scheduled
controlled burn. C. Britton and J. Isaacs would be providing a summary of the Russian Ridge
burn.
K. Nitz said he had hiked the Bear Creek Redwoods and noted that about 75% of the grapevines
were growing.
J. Cyr: 1. He reminded Board members to complete their campaign disclosure forms. 2. He
commented on Annette Coleman's retirement luncheon. 3. He complimented staff on putting
together the documents for the Bear Creek Redwoods deal.
C. Britton: 1. He said the audit has been completed and handed out copies of the report. He
noted they would go out to bid for auditors next year. 2. He had information on private
celebrations regarding the Bear Creek Redwoods matter, and announced a staff picnic would be
held there on Friday, July 30. 3. He said AB 1578 (Cunneen), regarding exchange of District-
owned real property, was moving through the legislature smoothly. 4. He had met with La
Honda Fitness Center and worked out an agreement regarding their use of District property. 5.
He had met with Amy Glad, Director of the Land Trust of Santa Clara County, and Lloyd
Wagstaff, Director of the South County Authority and talked about the relationship between their
groups.
J. Escobar: 1. Staff anticipates more people being present at the controlled burn and are trying
to address concerns of neighbors. 2. He referred to the summary of illegal trail construction at
ECDM included in the packet. He said the Trail Use Policy Committee will be getting
comparison information from other agencies on their policies on use of single-track trails by
bicycles. C. Britton said staff is trying to get the information out and think this is very serious.
Staff will come back to the Board with a program.
M. Smith: 1. The press release about the prescribed burn focused more on safety issues because
of the incident in northern California. 2. He announced the CAC tour of District lands on July
24, and the coastal tour on August 14. 3. He talked about the new sound system.
J.Cyr said he had walked the boundaries of the land to be dedicated bordering Rancho San
Antonio County Park. J. Escobar said he could arrange tours for others who are interested.
D. Dolan reminded Board members about the staff recognition event to be held on August 19 at
5:30 P.M. at Saratoga Springs
VIII. ADJOURNMENT
At 9:10 P.M.,the meeting was adjourned.
Robert Wolfe
Recording Secretary
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6811 549.86 Acme& Son's Sanitation Sanitation Services
6812 303.61 ADT Security Services Alarm Services
6813 95.64 All Laser Service Fax Machine Service
6814 395.42 All Premium Sportswear Docent T-shirts
6815 54.00 *1 American Red Cross First Aid Class-C. Sparks Hart
6816 58.45 Arne' Sign & Decal Helmet Decals
6817 45.56 AT&T Telephone Service
6818 189.82 Artech Laminating Lamination Supplies
6819 67.84 Bailey's Safety Equipment
6820 29.15 Bay Area Air Quality Management District Permit Fee
6821 2,876.59 Brian Kangas Foulk Appraisal Services
6822 9.95 Cabela's Uniforms
6823 850.00 California Department of Fish & Game Water Rights Permit
6824 188.86 California Water Service Company Water Service
6825 9.47 Coastal Ford Tractor Tractor Parts
6826 105.63 Cole Supply Company Janitorial Supplies
6827 44.92 Contemporary Engraving Signs
6828 225.00 Colorado State University Class Registration-M. deBeauvieres
6829 35.35 Compex Legal Services
6830 323.18 Continuing Education of the Bar Law Library Updates
6831 128.88 Costco,Wholesale Kitchen &Volunteer Recognition,Supplies
6832 214.00 *2 Co. of San Mateo Planning Department Purisima Creek-Grading Permit Exemption
6833 5,28114 D & M Consulting Engineers, Inc. Geotechnical Services--FEMA Projects
6834 843.31 Department of General Services Procurement Fees
6835 287.76 Film To Frame Film Processing
6836 441.68 Firestone Tire &Service Centers Vehicle Repairs
6837 1,122.00 First American Title Company Escrow&Title Fees
6838 24.06 Foster Brothers Security Systems, Inc. Key Duplication &Tags
6839 41.89 Franciscan Glass Co., Inc. Window Repair-Enterprise Rental
6840 55.21 G & K Services Shop Towel Service
6841 425.50 Gardenland Power Equipment Field Supplies
6842 159.77 G. P. Sports ATV Parts
6843 2,367.02 Green Waste Recovery, Inc. Dumpster Service
6844 187.43 GTE Wireless Cellular Phone Service
6845 1,771.00 Gavin Hoban GIS Database Consultant
6846 328.70 HM13 Bldg. & Garden, Inc. Storm Damage Repair Supplies
6847 127.74 Linda Hyman Reimbursement-Uniform Boots
6848 1,064.50 Irvine&Cooper Legal Services
6849 390.32 Jodi Isaacs Vehicle Expense& Film Reimbursement
6850 600.00 Frank Isidoro Equipment Contractor
6851 400.00 Tamara Kan Consulting Services--Water Rights
6852 935.20 Lanier Worldwide, Inc. Copier Lease
6853 19,236.49 *3 Lasher Auto Center New Patrol Truck
6854 1,696.72 Lucent Technologies Phone Maintenance& Purchase
6855 528.73 *4 Lucky Volunteer Recognition Event Food Trays
6856 975.00 Merwin A. Mace Acquisition Consultant
Page 1
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6857 138.88 MCI WorldCom Phone Service
6858 50.88 Jennifer Menk Reimbursement-Uniform Supplies
6859 58.46 MetroMobileCommunications Radio Chargers
6860 1,451.72 Micro Accounting Solutions Computer Consulting & Products
6861 52.05 Minton's Lumber& Supply Field Supplies
6862 135.60 National Fire Fighter Corp. Fire Equipment Supplies
6863 117.17 News Duplicating Service News Clips Copy Service
6864 336.00 North American Title Company Title & Escrow Services
6865 82.90 Office Helper Products Office Supplies
6866 1,399.67 Pacific Bell Telephone Service
6867 286.85 Loro Paterson Reimbursement-Uniform Supplies
6868 186.16 Pearson GMC Vehicle Repairs
6869 308.98 Peninsula Blueprint Printing Services
6870 297.41 PIP Printing Printing Services
6871 7,800-00 Popish Appraisal &Consulting Appraisal Services
6872 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
6873 61.46 Powerland Equipment, Inc. Equipment Parts
6874 12.28 Precision Engravers, Inc. Name Tags
6875 68.71 Pringle Tractor Company Tractor Parts
6876 12.72 Rancho Cobbler&Cleaners Uniform Supplies
6877 1,000.00 Tom Randall August Rent per Agreement
6878 34.13 Rayne Water Conditioning Water Service
6879 497.95 The Recorder Subscription Renewal
6880 1,911.61 Redwood Lumber&Supply Company, Inc. Redwood Siding for Red Barn Repairs
6881 166.72 Rich's Truck Tire Service Tire Service
6882 1,220.00 Rimrock Communications Field Supplies
6883 30.11 Royal Brass Inc. Tractor Fittings
6884 1,524.86 Roy's Repair Service Vehicle Maintenance& Repair
6885 541.22 Russ Enterprises, Inc. Signs
6886 355.80 San Francisco Newspaper Agency Recruitment Advertisement
6887 44.00 Santa Clara County Sheriff Fingerprinting Services
6888 2,895.00 Santa Rosa Junior College Law Enforcement Training Academy
6889 170.06 Second Cup Business Meeting Expense
6890 160.00 Robert Kelly Seitz Haz Mat Training Instructor
6891 160.60 Shell Oil Company Fuel
6892 235.26 Signs of the Times Signs
6893 276.07 Skyline County Water District Water Service
6894 1,200.00 Slaght Living Trust August Rent-Ranger Residence
6895 280.91 Malcolm Smith Vehicle&Supply Reimbursement
6896 500.00 Sterling Underground Construction Deer Hollow Farm Septic System Repairs
6897 112.59 Summit Uniforms Uniforms
6898 485.00 *5 Sun Valley Tree Care Tree Removal Service
6899 71.00 Swift Attorney Services Legal Courier Service
6900 390.93 Therma Corp. HVAC Maintenance Service
6901 1,500.00 Grant Thornton Auditor
6902 6,405.05 2M Associates Coastal Annexation Study Consultant
Page 2
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6903 346.40 United Rentals Equipment Rental
6904 2,000.00 United States Postal Service Postage
6905 8.15 *6 UPS Parcel Post Service
6906 6.90 *7 UPS Parcel Post Service
6907 110.36 Douglas Vu Vehicle Expense
6908 2,075.91 West Coast Litho & Imaging Annual Report Printing
6909 142.62 West Group Payment Center Law Library Database Charges
6910 658.89 Wheelworks Tires
6911 300.00 Roberta Wolfe Recording Services
6912 200.00 Woodside & Portola Private Patrol Secure Gates—Windy Hill Parking Lot
6913 31.93 The Workingman's Emporium Uniforms
6914R 3,459,67 Advanced Mobile Communications Radio Equipment
6915R 1,249.50 Architectual Resources Group Site Assessment Consultant--Bear Creek
6916R 125.00 Camino Medical Group Medical Services
6917R 369.70 California Water Service Water Service
6918R 221.61 Cascade Fire Equipment Company Fire Pumper Parts
6919R 60.00 Dalmation Courier Courier Service
6920R 103.90 Dennis Danielson Reimbursement--Field Supplies
6921 R 4,800.00 Durham Construction Company Enterprise Rental Repairs--ECM OSP
6922R 354.75 Federal Express Express Mail Service
6923R 26.76 Home Depot Office Supplies
6924R 403.08 Kinko's Printing &Copy Services
6925R 133.64 Los Altos Garbage Company Dumpster Service
6926R 224.36 MetroMobileCommunications Radio Repairs
6927R 363.16 Moffett Supply Janitorial Supplies
6928R 3,291.75 Murray & Murray Legal Services--Thornewood Encroachment
6929R 687.07 Office Depot Office Supplies
6930R 745.91 Orchard Supply Hardware Field Supplies
6931 R 283.94 Powerland Equipment, Inc. Mower Parts
6932R 1,737.87 Eric Remington Wildlife Survey Consultant
6933R 613.44 Roy's Repair Service Vehicle Maintenance& Repair
6934R 906.59 Teater& Etc. Mapping Services
6935R 67.55 West Coast Rebar Co., Inc. Retaining Wall—Sausal Trail
6936R 87.73 Michael Williams Vehicle Expense
6937R 375.69 Petty Cash Local Business Meeting Expense, Docent
and Volunteer Supplies, Film Processing,
and Vehicle Expense
*1 Urgent Check Issued June 24, 1999
*2 Urgent Check Issued July 06, 1999
*3 Urgent Check Issued July 06, 1999
*4 Urgent Check Issued June 23, 1999
*5 Urgent Check Issued June 29, 1999
*6 Urgent Check Issued June 24, 1999
*7 Urgent Check Issued July 06, 1999
In the event Agenda Item#2 is not approved, this claim will not be processed.
Total 107,950.59 Page 3
Regional Open � , .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-18
SPECIAL MEETING
BOARD OF DIRECTORS
July 24, 1999
MINUTES
I. ROLL CALL
J. Cyr called the meeting to order at 10:05 A.M. at the starting point for the Coastal Advisory
Committee tour of District lands, located on Main Street at Higgins-Purisima Road in Half Moon
Bay.
Members Present: Jed Cyr, Betsy Crowder, Mary Davey
Members Absent: Nonette Hanko, Ken Nitz, Peter Siemens, Deane Little
Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Dave Sanguinetti
II. ADJOURNMENT
At 10:06 A.M. J. Cyr announced that a quorum of the Board was not present, and the meeting
was adjourned.
130 Distel Circle • Los Altos, CA 94022-1404 - Phoney:650 691-1200
FAX: 050-691-0485 • E-mail: mrosd@openspa(e.org - Wet)site:www.ol)erispace.org �
Boxd of Direec 1or4 Pete Siemens,Mary C. Davey, led Cyr, Demme Little, Nonetle Hanko, Betsy Crowder, Kenneth C. Nit/ •General Manager:1_ Craig Britton
Regional . . -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-19
SPECIAL MEETING
BOARD OF DIRECTORS
July 27, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 6:33 p.m., and asked the Clerk to
take the roll.
Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Nonette Hanko, Ken Nitz, Peter
Siemens
Members Absent: Deane Little (arrived at 6:38 p.m.)
Staff Present: Craig Britton, Peggy Coats
Others Present: Thomas Lockard, Stone & Youngberg; Daniel Yost, Orrick, Herington &
Sutcliffe
II. ORAL COMMUNICATIONS: There were none.
III. ADOPTION OF AGENDA
Motion: P. Siemens moved that the agenda be adopted. K. Nitz seconded the
motion. Motion passed 6 to 0.
III. BOARD BUSINESS
A. Agenda Item l: Public Hearing Pursuant to Government Code Section 6586.5 on the
Pressed 1999 Revenue Bond Financing (Second Issue)by the Midpeninsula
Regional Open Space District Financing Authority and the Significant Public Benefit
Thereof
J. Cyr opened the Public Hearing at 6:34 p.m. C. Britton introduced the topic and
provided background information. K. Nitz asked several questions of T. Lockard,
District Underwriter, including 1)what interest rate will the bonds be issued at? 2)
would charts and graphs detailing financial implications of the bond issue be
available? 3)which lands will be on lease? 4)Which lands have we already leased?,
and 5)What does the language about the Promissory Note refer to?
330 [7istcl Circle . tos Altos, CA 94022-1404 « Phonc: 650 691-1200
FAX: h 50-691 -0485 . E-mail: Wet)site:www.opensl>ace.org
Raare(nOirr !<3rs_Ptte sumens L1.iry C.Oaey, lel Cyr,C)eux Littl€, N<nttc Hrnkc, Bcty Crot<ler, Kenneth C. Aifz «(;t°tural h1,in,�;rr:I (i,u},f3ritKm
Meeting 99-19 Page 2
T. Lockard responded that 1)the interest rates would be determined at the time of
issue, but he expected them to be favorable, 2) charts and graphs will be available at
the next public hearing, August 11, 1999, 3) and 4)these items will be covered at the
next meeting, and 5)the term"Promissory Note" actually refers to the bond issue.
IV. ADJOURNMENT
Receiving no further comment or questions, the Public Hearing was adjourned at 6:40
p.m.
Peggy Coats
District Clerk
Regional Open -ice
R-99-111 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-20
August 11, 1999
AGENDA ITEM 1
AGENDA ITEM
Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999 Revenue Bond Financing
(Second Issue)by the Midpeninsula Regional Open Space ' rict Financing Authority and on the Significant
Public Benefit Thereof
GENERAL MANAGER'S RECOMMENDATION �
Hold a public hearing for the purpose of receiving comment o e pro osed 1999 Revenue- and Financing
(Second Issue)by the Midpeninsula Regional Open Space District Financing Authority and on the significant
public benefit thereof
DISCUSSION
At the next agenda item for this meeting(see report 99-108),you will be considering authorizing the execution and
delivery of the documentation necessary to allow the issuance of up to$30,000,000 of the Midpeninsula Regional
Open Space District Financing Authority 1999 Revenue Bonds (Second Issue). At the meeting of the Midpeninsula
Regional Open Space District Financing Authority, scheduled immediately hereafter, (see report R-99-02)the
Authority will be considering the approval of the issuance of such bonds. Your action as the District's Board of
Directors includes holding public hearings pursuant to Government Code Section 6586.5. This statute requires
public hearings to be held in any county where the proceeds of such a bond issue are proposed to be spent for
District purposes. On July 27, 1999,you held the required hearing in San Mateo County. Public testimony should
now be received in Santa Clara County on the significant public benefit to the District resulting therefrom,
including
demonstrable savings to the District.
In accordance with the attached letter from Tom Lockard, Managing Director of Stone and Youngberg,the
District's underwriter,the aggregate savings expected from the Midpeninsula Regional Open Space District
Financing Authority's Bond structure would total$170,000,which is deemed to be a significant savings as defined
by law.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Same as above
3 M Distel Circle - Los Altos, CA 94022-1404 - Phone: 650 691-1200
FAX:6 50-691 0485 - F-mail: niros(I@opensl)a(-e.org - Wet)site:www.openspace.org
13wrd rat Oiw(tots Pete Swnien, Mary(:.Davev, led(:vr, Deane tittle, Nonette Hanko, Betw Crowder, Kenneth C. Nitz - Gonor,d Nlxw,r,,ot( Craig;Britton
16:28 FAX [ t7r32i00:
Stone & Youngberg LLC
Established ty3i
July 20, 1999
Mr.Craig Britton
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos,California 94022
Re: 1999 Financing Program
Dear Craig:
The 1999 Revenue Bond financing program is being issued by the District's Joint Powers Financing
Authority (JPA). The JPA was established in 1996 and at that time the District used this financing
authority to issue the District's 1996 financing program. During 1998 a law was passed requiring
joint powers authorities to conduct public hearings in the jurisdictions where bond proceeds will be
expended. The public hearings are intended to set out the purpose for the financing and to establish
the costs savings expected to be achieved from the JPA financing.
The 1999 financing program will refinance at lower interest rates promissory notes sold in 1990 and
raise new ftinds for acquiring open space in Santa Clara and San Mateo Counties.
By selling the financing program in one issue of JPA revenue bonds the District will realize savings in
excess of$150,000 from the economy of issuing one bond issue rather than in two — one for the
refunding and then another bond issue for the new funds. Included in the$150,000 estimated savings
are the costs of bond counsel, trustee, rating, printing, regulatory compliance and underwriter's
counsel. Also,by combining issues,the District realizes some annual administrative savings from only
paying one set of trustee and continuing disclosure fees. 1 estimate the present value cost of these
savings to be approximately $20,000. Therefore, the aggregate savings expected from the JPA bond
structure totals$170,000.
In my opinion, use of the JPA structure will provide significant public benefit to the District by
generating the savings described above.
Sincerely,
Stone 8t Youngberg LLC
� r
Tom Lockard
Managing Director
cc: Carlo Fowler,Orrick Herrington& Sutcliffe
50 California Strcct - San Francisco, California 94111 - 415/981-1.314
Regional Open *ce
R-99-108 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-20
August 11, 1999
AGENDA ITEM 2
AGENDA ITEM
Issuance of 1999 Revenue Bonds(Second Issue)
CONTROLLER'S RECOMMENDATIONS
1. Confirm that two Public Hearings were held by the Board of Directors of the Midpeninsula
Regional Open Space District, one on Tuesday, July 27, 1999, at the Town of Portola Valley's
Town Hall, 65 Portola Road, Room 8, and one on Wednesday, August 11, 1999, at the District's
Administrative Office at 330 Distel Circle, Los Altos, as required for approval of financing and
adoption of findings pursuant to Government Code Section 6586.5; and adopt the attached
resolution declaring that there are significant public benefits to the District from the proposed
financing.
2. Adopt the attached two resolutions required for the District to complete a lease and note financing
which will allow the Midpeninsula Regional Open Space District Financing Authority to complete
the issuance and sale of up to $30 million of Midpeninsula Regional Open Space District
Financing Authority 1999 Revenue Bonds (Second Issue); authorizing the issuance, sale and
delivery of not to exceed $30 Million Midpeninsula Regional Open Space District Financing
Authority 1999 Revenue Bonds (Second Issue); authorizing execution and delivery of a Site
Lease, Project Lease, Local Obligation Purchase Contract, Bond Purchase Contract, Preliminary
Official Statement, Continuing Disclosure Agreement and Agreement for Bond Counsel Services;
and taking certain other actions in connection therewith.
(Completed copies of the resolutions and all of the documentation are available for public review at the
District office.)
DISCUSSION
The continuing healthy increase in property tax revenue and favorable bond and bond insurance market
conditions make it advantageous to propose the issuance of approximately$30 million of revenue bonds.
Of this principal amount, $13.3 million would be used to refinance the outstanding 1990 Notes. The debt
issued by the District will be sold to, and the District will enter into the lease with, the Midpeninsula
Regional Open Space District Financing Authority(the"Authority"), which you approved the creation of
at your April 24, 1996, meeting. The District will pay rent under the Lease to the Authority, which will,
in turn, issue its 1999 Revenue Bonds (Second Issue) using the District's payments as security for
payment of the Bonds. District lands are not put at risk, in accordance with a specific provision of the
lease. By utilizing this joint powers financing authority, this issue has been structured to reduce the
District's near-term debt service while yielding $15 million of immediate new land acquisition funds.
Despite receiving $15 million additional cash, the District's debt service payments would actually decline
by$4.9 million in the first ten years. The change in debt service for each five-year period is as follows:
M Distel Circle . Los Altos, CA 94022-1404 Phone: 650 691-1 200
IAX: 650-691 0485 . E-mail: mrosd-openspace.org Wei)Site:www.ol)enspace.org �
Board of hire(tors Pee Sie men,,Mmv C.Davev,led Cyr, Deane Little, Nonette Hanko, 13(1,v Crowder,Kenneth C. Nit/ . General Man.ra;er.L.Cram;Britton
R-99-108 Page 2
($Millions)
Before After Change
1999/00-2003/04 34.8 31.4 <3.4>
2004/05 -2008/09 37.1 35.6 <1.5>
2009/10-2013/14 41.0 47.1 6.1
2014/15 -2018/19 37.6 57.7 20.1
2019/20-2023/24 22.8 32.9 10.1
2024/25 -2028/29 22.6 32.3 9.7
2029/30-2031/32 8.7 15.7 7_0
204.6 252.7 48.1
The issue has been structured partially as a lease financing in order to spread a portion of the principal
repayments over a thirty-two year period. The maximum repayment period under a note structure is
twenty years. The issue will consist of an amount not to exceed $8 million of notes and $22 million of
lease debt. Another favorable element is that the bond insurer has agreed to accept a surety bond as
complete satisfaction of reserve fund requirements. On most prior District financing, an 8% reserve fund
($2.4 million in this case)would have been required.
This financing will be insured by AMBAC. Based on current bond market conditions, the expected
total cost of funds would be in the range of 5.5%. The $13.3 million of 1990 note being repaid from
this financing carried a 7.5% interest rate. Therefore, there is a $1 million present value savings on the
re-financing portion of the issue.
Estimated Sources and Uses (millionsZ
Sources:
1999 Bonds $30.0
1990 Note Reserve Funds 1.3
$31.3
Uses:
Refund 1990 Notes $13.3
Surety Bond .1
Bond Insurance .4
Underwriter Discount .3
Other Cost of Issuance .1
Original Issuer Discount 2.1
Land Acquisition Funds 15.0
$31.3
The proposed issue is consistent with long-term cash projections and is accommodated within our
statutory debt limit. Attached is a ten-year cash flow projection assuming no additional debt issues in
the future. After the proposed debt issue and refinancing, the District's bonded indebtedness would be
about 54% of the District's statutory debt limit, as a lease financing does not count against the limit.
R-99-108 Page 3
The proposed bond counsel is Orrick, Herrington & Sutcliffe. This firm has served in this role for
virtually all of the District's debt issues and staff desires to maintain this successful relationship. Orrick
has proposed a $70,000 fee, which is consistent with the last issue of comparable size. The proposed
underwriter is Stone & Youngberg LLC. Stone & Youngberg have successfully managed several
District financings and have done an outstanding job in optimizing the structure of this issue. The
proposed underwriting fee of 1.0% is reasonable. The Midpeninsula Regional Open Space District
Financing Authority is responsible for executing a Bond Purchase Contract with Stone & Youngberg
LLC, since the Authority will be issuing the actual revenue bonds.
Summary of Proposed Transaction:
1. Amount: Not-to-exceed $30 million
2. Term: Thirty-two years.
3. Average Life: 17 years
4. Purpose: (1) Refinance 1990 ($13.3 million) in order to achieve significant
cash flow savings; and (2) provide $15 million of new land
acquisition funds
5. Interest Rates: To be priced in August 1999. Estimated net cost of funds is 5.5%
6. Reserve Fund: None; will provide surety bond
7. Underwriting Fee: 1.0% of issue, or about $300,000
8. Closing Schedule: By September 1, 1999
Preparation for this issue is now substantially complete and ready for your review and approval.
Representatives from the underwriter and bond counsel will be at the meeting to answer any
questions you may have.
Parties to the Transaction:
1. Issuing Authority: Midpeninsula Regional Open Space District Financing Authority
2. Issuer: Midpeninsula Regional Open Space District
3. Trustee: BNY Western Trust Company
4. Underwriter: Stone & Youngberg, LLC
5. Bond Counsel: Orrick, Herrington & Sutcliffe
Duties of the Parties:
1. Issuing Authority: Act as the issuing authority for the District
2. Issuer: Issues note and lease debt, receives net proceeds and makes
principal and interest payments, as required
3. Trustee: Administers lease for the benefit of the holders, collects principal
and interest from the District and makes payments to holders, and
holds reserve fund
4. Underwriter: Purchases debt from District and Authority and sells to buyer
5. Bond Counsel: Prepares and certifies lease documents
R-99-108 Page 4
The Agreements:
Note: Certain of these documents are substantially complete and correct but not meant to be in
final form at this time.
1. Preliminary Official Statement: Describes issue to potential buyers
2. Site •se (between District and Authority): Authority agrees to assist in the financing of
specified properties. District leases these properties to the Authority
3. Project Lease (between District and Authority): District leases back the specified
properties from the Authority and agrees to make principal and interest payments to the
Authority necessary to service the debt
4. Continuing Disclosure Agreement: Appoints the Trustee as the Dissemination Agent
with regard to new SEC disclosure rules (this is found at Appendix D to the Prelimary
Official Statement)
5. Local Obligation Purchase Contract (between District and Authority): Provides for sale
by District of its promissory notes to the Authority
6. Bond Purchase Contract (between District, Authority and Underwriter): Defines terms
under which the underwriter will buy the issue from the District and the Authority
7. Agreement for Bond Counsel Services: Hires the firm of Orrick, Herrington & Sutcliffe
as Bond Counsel to the District
The Authority will execute all of these documents as well as the following document:
1. Trust Agreement (between Authority and Trustee): Lays out all the details of how the
issue will be administered
Prepared by:
Michael L. Foster, Controller
Contact person:
Same as above
MROSD 10-YEAR CASH FLOW PROJECTION
7/3/99 TAX GROWTH: 99-00: CURRENT FCST; 00-01: 6%;AFTER: 4%
($Thousands) EXPENSE GROWTH: 99-00:BUDGET, 00-01: 8%;AFTER: 6%
FISCAL YEAR: 99-00 00-01 01-02 02-03 03-04 04-05 05-06 06-07 07-08 08-09
BEGINNING CASH 28,353 26,324 12,970 6,728 6,527 6,638 6,515 6,652 6,541 6,666
TAX REVENUE 13,520 14,331 14,904 15,501 16,121 16,765 17,436 18,134 18,859 19,613
DEVELOP GRANTS 188 194 199 205 212 218 224 231 238 245
ACQ GRANTS/GIFTS 1,170
INTEREST INCOME 1,250 900 450 325 325 325 325 325 325 325
OTHER INCOME 646 676 1 676 676 676 676 676 676 676 676
TOTAL REVENUES 16,774 16,101 16,230 16,707 17,333 17,984 18,662 19,366 20,098 20,860
OPERATING EXPENSES 5,972 6,450 6,837 7,247 7,682 8,143 8,631 9,149 9,698 10,280
MAJOR IMPROVEMENTS 816 1 840 866 892 918 946 974 1,004 1,034 11065
ANNEXATION EXPENSE 378
CURRENT DEBT SERVICE 6,467 6,811 6,909 7,505 7,075 71185 7,296 7,413 7,538 7,664
NEW DEBT SERVICE -1,115 -646 -640 -485 -453 -417 -377 -339 -296 -80
TOTAL EXPENSES 12,518 13,455 13,971 15,159 15,222 15,857 16,525 17,227 17,974 18,929
OPERATING CASH FLOW 4,256 2,646 2,258 1,548 2,111 2,128 2,137 2,139 2,124 1,931
LAND CONTRACTS
NOTE PROCEEDS (NET) 13,715
LAND PURCHASES 20,000 16,000 8,500 1,750 2,000 2,250 2,000 2,250 2,000 2,000
ENDING CASH 26,324 12,970 6,728 6,527 6,638 6,515 6,652 6,541 6,666 6,597
REQUIRED RESERVES 3,524 3,524 1524 3,524 3,524 31524 31524 1524 31524 31524
.AVAILABLE CASH 22,800 9,446 3,204 3,003 3,114 2,991 3,128 3,017 3,142 3,073
CUMM NEW LAND 20,000 36,000 1 44,500 1 46,250 1 48,250 1 50,500 52,500 54,750 56,750 58,750
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE
ISSUANCE OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FINANCING AUTHORITY 1999 REVENUE BONDS, SECOND ISSUE, AND
DETERMINING THAT THERE ARE SIGNIFICANT PUBLIC BENEFITS TO
THE DISTRICT FROM THE ISSUANCE OF SUCH BONDS
WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional
Open Space District (the "District") took action to call two public hearings, one held by the
Board in San Mateo County on Tuesday, July 27, 1999, at 6:30 P.M., at the Town Hall, Town of
Portola Valley, 765 Portola Road, Room 8, Portola Valley, California 94028, and one held by the
Board in Santa Clara County on Wednesday, August 11, 1999, at 7:30 P.M., at the regular
meeting place of the Board, 330 Distel Circle, Los Altos, California 94022, to consider (1) the
proposed financing or refinancing of the acquisition of land located within the District for open
space purposes of the District by the issuance by the Midpeninsula Regional Open Space District
Financing Authority (the "Authority") of its Midpeninsula Regional Open Space District
Financing Authority 1999 Revenue Bonds, Second Issue (the "Bonds"), and (2) whether there
are any significant public benefits to the District from such proposed financing, including
demonstrable savings to the District, such as savings in effective interest rate, bond preparation,
bond underwriting or bond issuance costs (in accordance with Section 6586 of the California
Govermnent Code);
WHEREAS, a notice of such public hearing in San Mateo County was duly
published by the District as required by law in the San Mateo County Times, a newspaper of
general circulation in San Mateo County, and a notice of such public hearing in Santa Clara
County was duly published by the District as required by law in the San Jose Mercury News, a
newspaper of general circulation in Santa Clara County, and copies of the proofs of publication
of such notices of public hearings are on file in the office of the Clerk of the Board of Directors
of the District;
WHEREAS, such public hearing in San Mateo County was duly convened by the
Board at the time and place as set forth in the notice of public hearing therefor and such public
hearing in Santa Clara County was duly convened by the Board at the time and place as set forth
in the notice of public hearing therefor, and at such public hearings the Board heard all interested
persons desiring to be heard;
WHEREAS, evidence of the public benefits to the District from such proposed
financing was presented by Stone & Youngberg LLC, as the proposed underwriter (the
"Underwriter") of the Bonds; and
DOCSSF 1:364353.2
WHEREAS, the District has considered the presentation given by the Underwriter
and is fully advised in the premises;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Midpeninsula Regional Open Space District, as follows:
Section 1. All of the foregoing recitals are true and correct, and the Board so
finds and determines.
Section 2. The Board hereby determines that there are significant public
benefits to the District from the proposed financing in that there will be demonstrable savings to
the District from the issuance and sale of the Bonds and the funding of the Project Lease and the
1999 Promissory Notes to be acquired with proceeds of the Bonds, including savings in bond
preparation, bond underwriting or bond issuance costs (in accordance with Section 6586 of the
California Government Code).
Section 3. This resolution shall take effect from and after its passage,
approval and adoption.
r)ocssi,1:364353.2 2
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on August 11, 1999,by the following vote:
AYES: Directors
NOES:
ABSENT:
Approved:
President of the Board of Directors of the
Midpeninsula Regional Open Space District
(SEAL)
Attest:
Secretary of the Board of Directors of the
Midpeninsula Regional Open Space District
DOCSSH 1:364353.2 3
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
THE EXECUTION AND DELIVERY OF A SITE LEASE, A PROJECT
LEASE, A LOCAL OBLIGATION PURCHASE CONTRACT AND A
CONTINUING DISCLOSURE AGREEMENT, AND APPROVING A
PRELIMINARY OFFICIAL STATEMENT AND AN AGREEMENT FOR
BOND COUNSEL SERVICES AND CERTAIN OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional
Open Space District (the "District") has duly authorized, pursuant to Resolution No. 99-
(the "Note Resolution"), the issuance of its Midpeninsula Regional Open Space District 1999
Promissory Notes (the "Notes") in a principal amount not to exceed $8,000,000 to provide funds
for the purpose of refunding the District's Prior Notes (as that term is defined in the Note
Resolution) and for the purpose of acquiring necessary and proper lands and facilities for open
space purposes of the District;
WHEREAS, there has been submitted to the Board by the Midpeninsula Regional
Open Space District Financing Authority (the "Authority") a form of Local Obligation Purchase
Contract relating to the purchase of the Notes (the "Local Obligation Purchase Contract");
WHEREAS, the District is authorized by law to lease real property for open space
purposes of the District;
WHEREAS, the District has determined that it is in the best interests of the
District and its citizens and is necessary and proper for District purposes that certain real
property described in that certain Site Lease dated as of August 1, 1999 (the"Site Lease")by and
between the District and the Authority be leased to the Authority, and that the Authority lease
such real property back to the District pursuant to the Project Lease dated as of August 1, 1999
(the "Project Lease") by and between the Authority and the District, in substantially the forms of
such leases presented to this meeting;
WHEREAS, under the Project Lease, the District will be obligated to make rental
payments to the Authority for the lease of such real property to it;
WHEREAS, the Authority will assign, without recourse, all its rights to receive
such rental payments and any payments under the Notes to BNY Western Trust Company, as
trustee (the "Trustee"), for the benefit of the registered owners of the Authority's 1999 Revenue
Bonds, Second Issue (the "Bonds") to be issued under a Trust Agreement dated as of August 1,
1999 (the"Trust Agreement") by and between the Authority and the Trustee;
DOCSSF1:363445.2
WHEREAS, in connection with the issuance of the Bonds, the Authority will
distribute a Preliminary Official Statement for the Bonds (the "Preliminary Official Statement")
in substantially the form presented to this meeting, and the Authority and the District and the
Trustee will enter into a Continuing Disclosure Agreement (the "Continuing Disclosure
Agreement") in compliance with Securities Exchange Commission Rule 15c2-12(b)(5); and
WHEREAS, all acts, conditions and things required by law to exist, to have
happened and to have been performed precedent to and in connection with the authorization of
the execution and delivery of the Local Obligation Purchase Contract, the Site Lease, the Project
Lease and the Continuing Disclosure Agreement do exist, have happened and have been
performed in regular and due time, form and manner as required by law, and the District is now
duly authorized to execute and deliver the Local Obligation Purchase Contract, the Site Lease,
the Project Lease and the Continuing Disclosure Agreement and to approve the Preliminary
Official Statement and the distribution thereof,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Midpeninsula Regional Open Space District, as follows:
Section 1. All of the foregoing recitals are true and correct, and this Board so
finds and determines.
Section 2. The Local Obligation Purchase Contract, in the form now on file
with the Secretary of the Board, is hereby approved for execution by the District; and pursuant
thereto the Notes shall be sold at a purchase price equal to the principal amount thereof, less a
discount determined by the General Manager of the District (not in excess of one per cent (1%)
of the principal amount of the Notes), plus accrued interest thereon, if any, and pursuant thereto
the General Manager of the District, with the advice and consent of the Controller of the District,
shall determine the interest rate or rates on the Notes, which such interest rate or rates shall not
exceed six and one-half per cent (6%%) per annum and which such interest rate or rates shall be
inserted therein with the approval of the officer executing the Local Obligation Purchase
Contract, and pursuant thereto the President of the Board is hereby authorized to execute and the
Secretary of the Board is hereby authorized to attest such execution and affix the seal of the
District thereto and deliver the Local Obligation Purchase Contract on behalf of the District, with
such changes therein as the officer executing the same may require or approve, such execution
and delivery to be conclusive evidence of the approval of the Local Obligation Purchase Contract
and the interest rates on the Notes stated therein.
Section 3. The District is authorized to execute and deliver the Site Lease,
and the President of the Board is hereby authorized and directed to execute the Site Lease for and
on behalf of the District and the Secretary of the Board is hereby authorized and directed to attest
such execution and to affix the seal of the District thereto and to deliver the Site Lease, and as
executed and delivered, the Site Lease shall be in substantially the form presented to this
meeting, with such additions thereto or changes therein as the officer executing the Site Lease
shall require or approve.
Section 4. The District is authorized to execute and deliver the Project Lease,
and the President of the Board is hereby authorized and directed to execute the Project Lease for
DOCSSF 1:363445.2 2
and on behalf of the District and the Secretary of the Board is hereby authorized and directed to
attest such execution and to affix the seal of the District thereto and to deliver the Project Lease,
and as executed and delivered, the Project Lease shall be in substantially the form presented to
this meeting, with such additions thereto or changes therein as the officer executing the Project
Lease shall require or approve, including those relating to the total rental payments due under the
Project Lease and the amount and schedule of the payments thereunder, such approval to be
conclusively evidenced by the execution and delivery thereof.
Section 5. The District is authorized to execute and deliver the Continuing
Disclosure Agreement, and the President of the Board is hereby authorized and directed to
execute the Continuing Disclosure Agreement for and on behalf of the District and the Secretary
of the Board is hereby authorized and directed to attest such execution and to affix the seal of the
District thereto and to deliver the Continuing Disclosure Agreement, and as executed and
delivered, the Continuing Disclosure Agreement shall be in substantially the form presented to
this meeting, with such additions thereto or changes therein as the officer executing the
Continuing Disclosure Agreement shall require or approve.
Section 6. The sections of the Preliminary Official Statement relating to the
District and the transactions contemplated herein, in the form now on file with the Secretary of
the Board, are hereby approved, and the Controller of the District is hereby authorized to
approve the distribution of the Preliminary Official Statement in substantially said form and to
certify to the Authority on behalf of the District that said sections of the Preliminary Official
Statement are accurate in all material respects, and the Authority is hereby authorized to
distribute copies of the Official Statement to persons who may be interested in the purchase of
the Bonds.
Section 7. The President of the Board, the Secretary of the Board, the General
Manager of the District and the Controller of the District are hereby each authorized and
directed, in the name and on behalf of the District, to take any and all steps and to execute and
deliver any and all certificates, contracts and other documents, including a tax certificate and an
escrow agreement, which they might deem necessary or appropriate in order to consummate the
delivery of the documents approved herein and to otherwise effectuate the purposes of this
resolution, including the purchase of a bond insurance policy and a reserve facility for the Bonds
and including the execution of an Agreement for Bond Counsel Services with Orrick, Herrington
& Sutcliffe LLP in substantially the form on file with the Secretary of the Board and including
the approval of the sale of the Bonds by the Authority; and such actions previously taken by the
officers of the District are hereby ratified and confirmed.
Section 8. This resolution shall take effect from and after its passage,
approval and adoption.
DO("SSF 1:363445.2 3
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Open Space District on August 11, 1999, by the following vote:
AYES: Directors
NOES:
ABSENT:
Approved:
President of the Board of Directors of the
Midpeninsula Regional Open Space District
(SEAL)
Attest:
Secretary of the Board of Directors of the
Midpeninsula Regional Open Space District
DOCSSF 1:363445.2 4
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING THE ISSUANCE OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT 1999 PROMISSORY
NOTES IN A PRINCIPAL AMOUNT NOT TO EXCEED
$8,000,000 AND PROVIDING FOR THE FORM, EXECUTION
AND REPAYMENT OF SAID NOTES
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space
District (the "District") has found and determined that funds are needed by the District for the
purpose of refunding the Prior Notes (as hereinafter defined)that were issued for the purpose of
acquiring necessary and proper lands and facilities for open space purposes of the District and
paying costs incidental thereto, and that funds are needed by the District for the purpose of
acquiring necessary and proper lands and facilities for open space purposes of the District and
paying costs incidental thereto; and
WHEREAS, the District is authorized by law to borrow money for such purposes,
which such borrowing may be evidenced by the issuance of promissory notes; and
WHEREAS, all acts, conditions and things required by law to exist, to happen and
to be performed precedent to the issuance of promissory notes as provided herein do exist, have
happened and have been performed in the time, form and manner as required by law, and the
District is now duly authorized to issue promissory notes as provided herein;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the
Midpeninsula Regional Open Space District, as follows:
SECTION 1. Definitions. Unless the context otherwise requires, the terms
defined in this section shall for all purposes hereof and of the Notes have the meanings specified
herein:
Acquisition Fund
"Acquisition Fund"means the Midpeninsula Regional Open Space District 1999
Promissory Notes Acquisition Fund established in Section 6.
Authority
"Authority"means the Midpeninsula Regional Open Space District Financing
Authority, a joint exercise of powers entity created between the District and the County of Santa
Clara pursuant to California Government Code Section 6500 and following.
I)OCSS F 1:Y4502.2
Board
"Board"means the Board of Directors of the District.
Business Day
"Business Day"means a day of the year that is not a Saturday or Sunday or a day
on which banking institutions located in San Francisco, California, are required or authorized to
remain closed.
Code
"Code"means the Internal Revenue Code of 1986 and the regulations of the
United States Department of the Treasury issued thereunder, and in this regard reference to any
particular section of the Code shall include reference to all successor sections of the Code.
Controller
"Controller"means the Controller of the District.
District
"District"means the Midpeninsula Regional Open Space District, a regional open
space district duly organized and existing under and pursuant to the Law and having the office of
its Board of Directors in Santa Clara County, California.
Expense Fund
"Expense Fund"means the Midpeninsula Regional Open Space District 1999
Promissory Notes Expense Fund established in Section 6.
Federal Securities
"Federal Securities"means United States of America Treasury bills, notes, bonds
or certificates of indebtedness, or obligations for which the full faith and credit of the United
States of America are pledged for the payment of interest and principal, or securities evidencing
ownership interests in such obligations or in specified portions of the interest on or principal of
such obligations.
General Fund
"General Fund"means the General Fund of the District now existing in the
treasury of the District under the Law.
Interest and Principal Fund
"Interest and Principal Fund"means the Midpeninsula Regional Open Space
District 1999 Promissory Notes Interest and Principal Fund established in Section 6.
z>ocssFI.364502.2 2
Law
"Law"means Article 3 of Chapter 3 of Division 5 of the Public Resources Code
of the State of California, as amended to date, and all laws amendatory thereof and supplemental
thereto.
Limited Taxes
"Limited Taxes"means the limited ad valorem property taxes levied upon all
taxable property in the District by the Board of Supervisors of Santa Clara County and by the
Board of Supervisors of San Mateo County and by the Board of Supervisors of Santa Cruz
County that are allocated to the District under applicable law and that are legally available to pay
the interest on and principal of and redemption premiums, if any, on the Notes, together with the
payment on a parity of the interest on and principal of the District's outstanding promissory
notes and certain land acquisition contracts, but excluding the proceeds of any Tax Overrides.
Notes
"Notes"means the"Midpeninsula Regional Open Space District 1999 Promissory
Notes"designated as such in Section 3 and authorized to be issued by the District under and by
the authority of the Law and under and pursuant hereto.
1990 Paying Agent
"1990 Paying Agent"means U.S. Bank Trust National Association, as successor
paying agent of the District for the Prior Notes.
President
"President"means the President of the Board.
Prior Notes
"Prior Notes"means the District's outstanding 1990 Promissory Notes.
Rebate Fund
"Rebate Fund"means the Midpeninsula Regional Open Space District 1999
Promissory Notes Rebate Fund established in Section 11.
Rebate Instructions
"Rebate Instructions"means those calculations and directions required to be
performed and delivered by the District under and pursuant to the Tax Certificate.
Rebate Requirement
"Rebate Requirement"has the meaning assigned to it in the Tax Certificate.
DOCSSF 1:364502.2 3
Refunding Fund
"Refunding Fund"means the Midpeninsula Regional Open Space District 1990
Promissory Notes Refunding Fund established in Section 6.
Resolution.
"Resolution"means this resolution adopted by the Board under and by authority
of the Law on August 11, 1999.
Secretary
"Secretary"means the Secretary of the Board.
Tax Certificate
"Tax Certificate"means that the Tax Certificate executed by the District at the
time of the original issuance and delivery of the Notes, as originally executed and as it may from
time to time be amended or supplemented.
Tax Overrides
"Tax Overrides"means any tax levied for the purpose of the payment of general
obligation bonded indebtedness authorized by voters of the District.
Treasurer
"Treasurer"means the Controller, unless actions are to be taken jointly by the
Treasurer and the Controller, in which case"Treasurer"means the Treasurer of the District.
Trustee
"Trustee"means BNY Western Trust Company, as trustee under that certain Trust
Agreement dated as of August 1, 1999,by and between the Authority and the Trustee,pursuant
to which Authority assigned its rights to receive payment on the Notes to the Trustee.
SECTION 2. Authority for the Issuance of the Notes. The Board has reviewed
all proceedings heretofore taken relative to the issuance of the Notes and has found, as a result of
such review, and hereby finds and determines that all acts, conditions and things required by law
to exist, to happen and to be performed precedent to the issuance of the Notes do exist, have
happened and have been performed in regular and due time, form and manner as required by law,
and the District is now duly authorized to issue the Notes and incur an indebtedness under and
pursuant to the conditions and terms provided in the Resolution.
SECTION 3. Terms of the Notes. Promissory notes of the District in an
aggregate principal amount not to exceed eight million dollars ($8,000,000) are hereby
authorized to be issued by the District under and pursuant to the Law for the purpose of
refunding the Prior Notes and payment of the related incidental expenses and for the purpose of
1)OC'SSFI:364502.2 4
acquiring necessary and proper lands and facilities for open space purposes of the District and
payment of the related incidental expenses, which authorized issue of promissory notes is hereby
designated the "Midpeninsula Regional Open Space District 1999 Promissory Notes." The
Notes shall be issued in fully registered form in the denomination of five thousand dollars
($5,000) or any integral multiple thereof(but not to exceed the principal amount of Notes
maturing on any one date), shall be dated the date of the original delivery thereof, and shall
mature on August 1 (not later than August 1, 2019) in the years (subject to any right of prior
redemption reserved herein) on the dates and in the principal amounts and shall bear interest as
determined at the time of the sale thereof by the General Manager or the Controller at the time of
the sale of the Notes to meet the debt service objectives of the District.
The Notes shall bear interest from the interest payment date next preceding the
date of registration thereof, unless the Notes are registered on a day during the period from the
sixteenth (16th) day of the month next preceding an interest payment date to such interest
payment date, both inclusive, in which event they shall bear interest from such interest payment
date, or unless the Notes are registered on a day on or before the fifteenth (15th) day of the
month next preceding the first interest payment date, in which event they shall bear interest from
their date. Such interest shall be payable semiannually on February 1 and August 1 of each year,
commencing on February 1, 2000, and continuing until the Notes shall have been fully paid, and
the interest due on the maturity or the prior redemption of the Notes and the principal of and the
redemption premiums, if any, on the Notes shall be payable at maturity or upon redemption prior
to maturity. Both the interest on and principal of and redemption premiums, if any, on the Notes
shall be payable in lawful money of the United States of America.
The Notes maturing by their terms on or after August 1, 2009, are subject to
optional redemption by the District on any interest payment date on or after August 1, 2008, and
prior to their respective maturity dates, as a whole, or in part in integral multiples of five
thousand dollars ($5,000) in inverse order of maturity(and by lot within any one maturity if less
than all the Notes of any one maturity are redeemed), from any legally available funds of the
District, upon mailed notice as hereinafter provided, at a redemption price equal to the following
amount expressed as a percentage of the principal amount of the Notes or the portions thereof
called for redemption, together with accrued interest thereon to the date of redemption, namely:
Redemption Date Redemption Price
August 1, 2008 102%
February 1, 2009, or August 1, 2009 101
February 1, 2010, or thereafter 100
Notice of redemption of any Note or any portion thereof shall be given by the
District by mailing a copy of such notice by first class mail to the registered owner thereof not
less than thirty(30) days nor more than sixty(60) days before the redemption date; provided,
that receipt of such notice shall not be a condition precedent to the effect of such notice and
neither failure to receive any such notice nor any immaterial defect contained therein shall affect
the validity of the proceedings for the redemption of such Note or such portion thereof. Such
notice shall state the redemption date, the redemption price, the place of redemption, and shall
designate the principal amount, the numbers of the Notes to be redeemed in whole or in part, and
DOCSSF 1:364502.2 5
shall require that such Notes be then surrendered for redemption in whole or in part at such
redemption price, giving notice also that further interest on the Notes or the portions thereof
called for redemption will not accrue from and after such redemption date. If any Note so
chosen for redemption is to be redeemed in part only, such notice shall also state that such Note
is to be redeemed in part only and that upon the presentation of such Note for redemption there
will be issued in lieu of the unredeemed portion of the principal amount thereof a new Note or
Notes of the same interest rate and maturity date of an aggregate principal amount equal to the
unredeemed portion thereof.
If notice of redemption has been duly given as aforesaid and money for the
payment of the redemption price of the Notes or the portions thereof so called for redemption is
available therefor, then on the redemption date designated in such notice such Notes or such
portions thereof shall become due and payable, and from and after the date so designated interest
on such Notes or the portions thereof so called for redemption shall cease to accrue and the
registered owners of such Notes or such portions thereof shall have no rights in respect thereof
except to receive payment of the redemption price thereof.
SECTION 4. Form of the Notes. The Notes shall be in substantially the form set
forth in Exhibit A hereto, the blanks being suitably filled in to comply with the provisions of the
Resolution.
SECTION 5. Execution of the Notes. The President and the Secretary who may
be in office at the date of the Notes, or at any time thereafter prior to the delivery of the Notes,
and each of such officers, are hereby authorized and directed respectively as such officers to sign
and attest each of the Notes on behalf of the District by use of their manual or facsimile
signatures, and the Secretary is hereby additionally authorized and directed to print the seal of
the District thereon, which such signing and sealing shall be a sufficient and binding execution of
the Notes by the District. In case any officer whose signature appears on the Notes shall cease to
be such officer before the delivery of the Notes to the purchaser, such signature shall
nevertheless be valid and sufficient for all purposes the same as though such officer had
remained in office until the delivery of the Notes. Only such of the Notes duly executed and
dated, shall be entitled to any benefits hereunder or be valid or obligatory for any purpose, and
such certificate shall be conclusive evidence that the Notes so authenticated have been duly
authorized, executed, issued and delivered hereunder and are entitled to the benefits hereof.
SECTION 6. Delivery of the Notes. The Secretary is directed to cause to be
prepared a sufficient number of blank Notes of suitable quality and to cause the blank spaces
thereof to be filled in to comply with the provisions hereof, and to procure their execution by the
proper officers of the District, and to deliver them to the Treasurer,who shall safely keep the
same and register and deliver them to the Authority upon receiving therefor the purchase price
thereof and accrued interest thereon, if any, to the date of delivery. The President and the
Secretary are further authorized and directed to make, execute and deliver to the purchaser of the
Notes a signature certificate in the form customarily required by purchasers of notes of public
districts certifying to the genuineness and due execution of the Notes, and the Treasurer is hereby
authorized and directed to make, execute and deliver to the purchaser of the Notes a receipt in
the form customarily required by purchasers of notes of public districts evidencing the payment
of the purchase price and the delivery of the Notes, which receipt shall be conclusive evidence
DOCSSFI:364502.2 6
that the Notes have been duly paid for and delivered. The purchaser of the Notes and any
subsequent registered owner of the Notes are hereby authorized to rely upon and shall be
justified in relying upon any such signature certificate and any such receipt with respect to the
Notes issued and delivered pursuant to the authority of the Resolution.
Upon the receipt of payment for the Notes when the same shall have been duly
sold and delivered, the Treasurer shall set aside and deposit the proceeds received from such sale
in the following respective funds and in the following order of priority:
(a) The Treasurer shall deposit in the"Midpeninsula Regional Open Space
District 1999 Promissory Notes Interest and Principal Fund,"which fund the District
hereby agrees and covenants to establish and maintain until payment in full or provision
therefor of all interest on and principal of and redemption premiums, if any, on the Notes,
a sum of money equal to the accrued interest(if any) from the date of the Notes to the
date of the payment of the purchase price thereof.
(b) The Treasurer shall deposit in the"Midpeninsula Regional Open Space
District 1990 Promissory Notes Refunding Fund,"which fund the District hereby agrees
and covenants to establish and maintain until provision for redemption of the Prior Notes
maturing on and after September 1, 2000, on September 1, 1999, shall have been made, a
sum which will be sufficient to provide for such redemption. All money in the Refunding
Fund shall be transferred to the Paying Agent (or shall be used by the District to
reimburse itself for any such transfers from other funds of the District) for use for
redeeming the outstanding Prior Notes maturing on and after September 1,2000, or
September 1, 1999, as provided in the resolution authorizing their issuance.
(c) The Treasurer shall deposit in the "Midpeninsula Regional Open Space
District 1999 Promissory Notes Expense Fund,"which fund the District hereby covenants
and agrees to establish and maintain until payment of all costs of the issuance of the
Notes, a sum which will be sufficient to pay all costs of the issuance of the Notes.
(d) The Treasurer shall deposit in the"Midpeninsula Regional Open Space
District 1999 Promissory Notes Acquisition Fund,"which fund the District hereby agrees
and covenants to establish and maintain, the remainder of such proceeds of sale, and all
money therein shall be used by the District for the purpose of acquiring necessary and
proper lands and facilities for open space purposes of the District.
SECTION 7. Payment of the Notes. The Notes are limited obligations of the
District and the interest on and principal of and premium, if any, on the Notes shall, as
authorized by and subject to the Law,be paid only from the Limited Taxes, or from other funds
legally available therefor. The full faith and credit or taxing power of the District is not pledged
for the payment of the interest on or principal of or redemption premiums, if any, on the Notes,
and the Notes are not and shall not be secured by a legal or equitable pledge of, or charge, lien or
encumbrance upon, any property of the District or any of its income or revenue.
DOCSSF 1:364502.2 7
In order to provide for the timely payment of the interest on and principal of and
redemption premiums, if any, on the Notes as the same becomes due, the District agrees and
covenants, consistent with the foregoing and as authorized by and subject to the Law, that until
the interest on and the principal of and redemption premiums, if any, on the Notes are paid in full
or until there is a sum in the treasury of the District set apart for that purpose sufficient to meet
all payments of the interest on and principal of and redemption premiums, if any, on the Notes as
they become due, it will annually set aside a portion of the Limited Taxes (or other legally
available funds of the District) sufficient to pay such interest and principal and redemption
premiums, if any, that will become due before the proceeds of the Limited Taxes levied at the
next general tax levy will be available for such purpose. In order to implement this provision,
the District further agrees and covenants that it will set aside, as soon as possible after the receipt
of the Limited Taxes that become delinquent after December 10 of each year(commencing with
such Limited Taxes that become delinquent after December 10, 1999), an amount of such
Limited Taxes (or other legally available funds of the District) equal to the interest that becomes
due and payable on the Notes on the next succeeding February 1 plus the redemption premiums,
if any, on the Notes that become due on the Notes on or prior to such date, and that it will set
aside, as soon as possible after the receipt of such Limited Taxes that become delinquent after
April 10 of each year(commencing with such Limited Taxes that become delinquent after April
10, 2000), an amount of such Limited Taxes (or other legally available funds of the District)
equal to the interest that becomes due and payable on the Notes on the next succeeding August 1
plus the redemption premiums, if any, on the Notes that become due on or prior to such date plus
the principal of the Notes that becomes due and payable on the next succeeding August 1. All
such amounts of Limited Taxes (or other legally available funds of the District) shall be
deposited by the Controller in the Interest and Principal Fund.
All money in the Interest and Principal Fund shall be used solely for the payment
of the interest on and principal of and redemption premiums, if any, on the Notes, and for this
purpose the Controller shall, at least one (1)Business Day before each interest payment date on
the Notes and each principal maturity date or redemption date of any of the Notes, disburse from
the Interest and Principal Fund to the Trustee an amount, in immediately available funds,
sufficient to make such interest, principal and premium payments.
All money in the Interest and Principal Fund shall, pending its disbursement as
above provided, be deposited or invested as determined by the Controller as permitted by law so
as to obtain the highest yield that the Controller deems practicable, having due regard for the
safety of such deposits and investments and subject to the provisions of Section 11 hereof,
provided, that all such deposits and investments shall be withdrawable or shall mature, as the
case may be, to coincide as nearly as practicable with the time when such money is required to
be withdrawn for use hereunder. All proceeds of such deposits or investments shall (except as
otherwise provided by Section 9)be deposited as and when received in the Interest and Principal
Fund.
When all the interest on and principal of and redemption premiums, if any, on the
Notes have been paid, any balance of money then remaining in the Interest and Principal Fund
shall be deposited in the General Fund.
I)oCssFI:i64soz.a 8
The covenants and agreements set forth herein are for the equal and proportionate
benefit, security and protection of all owners of the Notes and the District's outstanding notes
and any additional notes which may hereafter be issued on a parity with the Notes, without
preference or distinction as to security or otherwise of any such obligations over any of the other
by reason of the number or date thereof or the time of sale, execution or delivery hereof.
SECTION 8. Acquisition Fund. All money in the Acquisition Fund shall be
withdrawn therefrom only upon the order of the Board or pursuant to its directions, and shall be
used and withdrawn solely for the purpose of acquiring necessary and proper lands and facilities
for open space purposes of the District, except that any balance of money in the Acquisition
Fund not needed or used for such purpose, after the closure of such fund, shall be transferred to
the Interest and Principal Fund. All money in the Acquisition Fund shall,pending expenditure,
be deposited or invested as determined by the Controller as permitted by law so as to obtain the
highest yield that the Controller deems practicable, having due regard for the safety of such
deposits and investments; provided, that all such deposits and investments shall be withdrawable
or shall mature, as the case may be, to coincide as nearly as practicable with the time when such
money is expected to be withdrawn for use hereunder. All proceeds of such deposits or
investments shall (except as otherwise provided by Section 10)be deposited as and when
received in the Acquisition Fund.
SECTION 9. Expense Fund. All money in the Expense Fund shall be withdrawn
therefrom only upon the order of the Board or pursuant to its directions, and shall be used and
withdrawn solely for paying costs of the issuance of the Notes (including, but not limited to, all
printing and document preparation expenses in connection with the Notes, escrow fees and other
fees and expenses incurred in connection with the issuance of the Notes and the paying of the
Prior Notes), except that any balance of money in the Expense Fund not needed or used for such
purpose, after the closure of such fund, shall be transferred to the Acquisition Fund. All money
in the Expense Fund shall, pending expenditure, be deposited or invested as determined by the
Controller as permitted by law so as to obtain the highest yield that the Controller deems
practicable, having due regard for the safety of such deposits and investments;provided, that all
such deposits and investments shall be withdrawable or shall mature, as the case may be, to
coincide as nearly as practicable with the time when such money is expected to be withdrawn for
use hereunder. All proceeds of such deposits or investments shall (except as otherwise provided
by Section 9)be deposited as and when received in the Expense Fund.
SECTION 10. Tax Covenants. (a) The District will not take any action, or fail to
take any action, if such action or failure to take such action would adversely affect the exclusion
from gross income of the interest on the Notes pursuant to Section 103 of the Code, and
specifically the District will not directly or indirectly use or make any use of the proceeds of the
Notes or any other funds of the District or take or omit to take any action that would cause the
Notes to be "arbitrage bonds" subject to federal income taxation by reason of Section 148 of the
Code or"private activity bonds" subject to federal income taxation by reason of Section 141(a)
of the Code or obligations subject to federal income taxation because they are "federally
guaranteed" as provided in Section 149(b) of the Code; and to that end the District, with respect
to the proceeds of the Notes and such other funds, will comply with all requirements of such
sections of the Code, and all regulations of the United States Department of the Treasury issued
thereunder to the extent that such regulations are, at the time, applicable and in effect; provided,
DocssrI:36450z.a 9
that if the District shall obtain an opinion of nationally recognized bond counsel to the effect that
any action required under this section is no longer required to maintain the exclusion from gross
income of the interest on the Notes pursuant to Section 103 of the Code, the District may rely
conclusively on such opinion in complying with the provisions hereof, and provided further, that
in the event that at any time the Board is of the opinion that for purposes of this section it is
necessary to restrict or limit the yield on the investment of any moneys held by the District
hereunder or otherwise, the Board shall so instruct the Controller in writing, and the Controller
shall take such action as may be necessary in accordance with such instructions.
(b) Without limiting the generality of the foregoing, the District will pay from
time to time all amounts required to be rebated to the United States of America pursuant to
Section 148(f) of the Code and all regulations of the United States Department of Treasury
issued thereunder to the extent that such regulations are, at the time, applicable and in effect,
which obligation shall survive payment in full or defeasance of the Notes, and to that end, there
is hereby established in the treasury of the District a fund to be known as the"Midpeninsula
Regional Open Space District 1999 Promissory Notes Rebate Fund"to be held and administered
by the Controller. The District will comply with the provisions of the Tax Certificate with
respect to making deposits in the Rebate Fund, and moneys held in the Rebate Fund are pledged
to provide payments to the United States of America as provided herein and in the Tax
Certificate and no other person shall have claim to such moneys except as provided in the Tax
Certificate.
SECTION 11. General Covenants. The District agrees and covenants that, until
payment in full of all the interest on and principal of and redemption premiums, if any, on the
Notes (or provision satisfactory for such payment shall have been made), it will:
A. Duly and punctually pay or cause to be paid the interest on and principal
of and redemption premiums, if any, on the Notes in accordance with the conditions and terms
thereof and with the conditions and terms hereof.
B. Incur no additional indebtedness or capital lease obligations payable from
the Limited Taxes received by the District having any priority in payment to the payment of the
interest on or principal of or redemption premiums, if any, on the Notes.
C. Incur no additional indebtedness or capital lease obligations payable from
the Limited Taxes received by the District on a parity in payment of the interest on or principal
of or redemption premiums, if any, on the Notes unless it shall have first filed with the Paying
Agent a certificate (which the Paying Agent shall maintain in its files, but shall have no
responsibility for the review or verification thereof) executed by the Controller showing:
1. The total Limited Taxes received by the District in its most recent
audited fiscal year, as shown by the most recent audited financial statement of the
District,plus the total subventions in lieu of taxes received by the District from the State
of California in such fiscal year;
2. The debt service payable by the District during its next succeeding
fiscal year on all indebtedness or capital lease obligations of the District that would be
DOCSSP1:364502.2 10
payable from the Limited Taxes on a parity with the Notes and the debt service that is
payable on the outstanding Notes in the next succeeding fiscal year;
3. That the total defined in subparagraph 1 above is at least one
hundred twenty-five per cent (125%) of the total defined in subparagraph 2 above.
D. Prepare and adopt a budget for each fiscal year, which budget shall
provide for the payment of the interest and premium, if any, on and the principal of the Notes
becoming due and payable in such fiscal year and for appropriations of the Limited Taxes fully
sufficient to make such payments. A copy of each budget shall be filed with the Authority
within thirty (30) days of its adoption(which budget the Paying Agent shall maintain in its files,
but shall not be responsible for the review thereof).
SECTION 12. Discharge of Notes.
(a) If the District shall pay or cause to be paid or there shall otherwise be paid
to the registered owners of all outstanding Notes the interest thereon and the principal thereof
and the redemption premiums, if any, thereon at the times and in the manner stipulated therein
and herein, then all agreements, covenants and other obligations of the District to the registered
owners of such Notes hereunder shall thereupon cease, terminate and become void and be
discharged and satisfied.
(b) Any outstanding Notes shall on the maturity date or redemption date
thereof be deemed to have been paid within the meaning of and with the effect expressed in
subsection (a) of this section if there shall be on deposit with the Trustee money which is
sufficient to pay the interest due on such Notes on such date and the principal and redemption
premiums, if any, due on such Notes on such date.
(c) Any outstanding Notes shall prior to the maturity date or redemption date
thereof be deemed to have been paid within the meaning and with the effect expressed in
subsection (a) of this section if(1) in case any such Notes are to be redeemed on any date prior to
their maturity date, the District shall have agreed to mail a notice of redemption to the respective
registered owners of all outstanding Notes, (2) there shall have been deposited with an escrow
agent or any paying agent either money in an amount which shall be sufficient or Federal
Securities which are not subject to redemption except by the holder thereof prior to maturity
(including any Federal Securities issued or held in book-entry form on the books of the
Department of the Treasury of the United States of America) or municipal obligations which
have been defeased with Federal Securities and which are rated in the highest rating category
either by Moody's Investors Service or Standard &Poor's the interest on and principal of which
when paid will provide money which, together with the money, if any, deposited with such
escrow agent at the same time, shall be sufficient to pay when due the interest to become due on
such Notes on and prior to the maturity dates or redemption dates thereof, as the case may be,
and the principal of and redemption premiums, if any, on such Notes on and prior to the maturity
dates or the redemption dates thereof, as the case may be, as evidenced by a report of an
independent certified public accountant on file with the District and such escrow agent, and(3)
in the event such Notes are not by their terms subject to redemption within the next succeeding
sixty (60) days, the District shall have agreed to mail a notice to the registered owners of such
DOCSsrz:364502.2 11
Notes that the deposit required by clause (2) above has been made with such escrow agent and
that such Notes are deemed to have been paid in accordance with this section and stating the
maturity dates or redemption dates, as the case may be, upon which money is to be available for
the payment of the principal of and redemption premiums, if any, on such Notes.
(d) Anything contained herein to the contrary notwithstanding, any money
held by the Paying Agent in trust for the payment and discharge of any of the Notes or any
interest thereon which remains unclaimed for four(4) years after the date when such Notes or
interest thereon have become due and payable, either at their stated maturity dates or by call for
redemption prior to maturity, if such money was held by the Paying Agent on such date, or for
two (2) years after the date of deposit of such money if deposited with the Paying Agent after the
date when such Notes or interest thereon became due and payable, shall be repaid by the Paying
Agent to the District as its absolute property free from trust and for use in accordance with the
Law, and the Paying Agent shall thereupon be released and discharged with respect thereto and
the registered owners of such Notes shall look only to the District for the payment of such Notes
and interest thereon; provided, that before the Paying Agent shall be required to make any such
repayment the District shall mail pursuant to Section 3 a notice to the registered owners of all
outstanding Notes that such money remains unclaimed and that after a date named in such notice,
which date shall not be less than thirty (30) days after the date of the mailing of such notice, the
balance of such money then unclaimed will be returned to the District.
SECTION 13. Effective Date. The Resolution shall take effect from and after its
passage, approval and adoption.
DOCSSF 1:36d5012 12
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula.
Regional Open Space District on August 11, 1999, by the following vote:
AYES: Directors
NOES:
ABSENT:
Approved:
President of the Board of Directors of the
Midpeninsula Regional Open Space District
(SEAL)
Attest:
Secretary of the Board of Directors of the
Midpeninsula Regional Open Space District
DOCSSF1364502.2 13
EXHIBIT A
[Form of Note]
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTIES OF SANTA CLARA, SAN MATEO AND SANTA CRUZ
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
1999 PROMISSORY NOTE
No.
Interest Maturity
Rate Date of Note
August 1,
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a regional open space
district duly organized and existing under and pursuant to the laws of the State of California, and
having the office of its Board of Directors in Santa Clara County, California(the "District"),
hereby acknowledges itself indebted to and, for value received, promises to pay(but only out of
the funds hereinafter referred to, and subject to any right of prior redemption reserved herein)to
the registered owner set forth above on the maturity date set forth above or upon the prior
redemption hereof the principal sum set forth above, together with interest thereon at the interest
rate per annum set forth above from the interest payment date next preceding the date of
registration of this Note(unless this Note is registered on a day during the period from the
sixteenth(16th) day of the month next preceding an interest payment date to such interest
payment date, both inclusive, in which event it shall bear interest from such interest payment
date, or unless this Note is registered on a day on or before the fifteenth(1 5th) day of the month
next preceding the first interest payment date, in which event it shall bear interest from its date)
until the principal hereof shall have been fully paid, payable semiannually on February I and
August I of each year, commencing on February 1, 2000. Both the interest on and principal of
and redemption premium, if any, on this Note are payable in lawful money of the United States
of America.
This Note is one of a duly authorized issue of promissory notes of the District
designated as its 1999 Promissory Notes (the"Notes") aggregating dollars
($ in principal amount, all of like date and tenor(except for such variations as may
DOCSSFI:'64502-2 A-I
be required to designate varying numbers, interest rates, denominations, maturities or redemption
provisions), and is issued under and by authority of Article 3 of Chapter 3 of Division 5 of the
Public Resources Code of the State of California, as amended to date, and all laws amendatory
thereof and supplemental thereto (the"Law"), and under and pursuant to the provisions of
Resolution No. 99- adopted by the Board of Directors of the District on August 11, 1999
(the"Resolution"), to provide funds for the purpose of acquiring necessary and proper lands and
facilities for open space purposes of the District and for the purpose of redeeming outstanding
notes of the District and the accrued interest thereon, all as more particularly provided in the
Resolution, and reference is hereby made to the Resolution for a description of the terms on
which the Notes are issued, for the provisions with regard to the security for the repayment of the
Notes and for the rights of the registered owners of the Notes. All the terms of the Resolution
are hereby incorporated herein and constituted a contract between the District and the registered
owner of this Note, to all the provisions of which the registered owner of this Note, by his
acceptance hereof, consents and agrees, and the registered owner of this Note shall have recourse
to all the provisions of the Resolution and shall be bound by all the terms and conditions thereof.
The Notes maturing by their terms on or after August 1, 2009, are subject to
optional redemption by the District on any interest payment date on or after August 1, 2008, and
prior to their respective maturity dates, as a whole, or in part in integral multiples of five
thousand dollars ($5,000) in inverse order of maturity (and by lot within any one maturity if less
than all the Notes of any one maturity are redeemed), from any legally available funds of the
District, upon mailed notice as hereinafter described, at a redemption price equal to the following
amount expressed as a percentage of the principal amount of the Notes or the portions thereof
called for redemption, together with accrued interest thereon to the date of redemption, namely:
Redemption Date Redemption Price
August 1, 2008 102%
February 1, 2009, or August 1, 2009 101
February 1, 2010, or thereafter 100
As provided in the Resolution, notice of redemption of this Note or any portion
hereof shall be given by mailing a copy of such notice by first class mail to the registered owner
hereof not less than thirty (30) days nor more than sixty(60) days before the redemption date;
provided, that receipt of such notice shall not be a condition precedent to the effect of such notice
and neither failure to receive any such notice nor any immaterial defect contained therein shall
affect the validity of the proceedings for the redemption of this Note or such portion hereof. If
notice of redemption has been duly given as aforesaid, then on the redemption date designated in
such notice this Note or such portion hereof shall become due and payable at the above-
described redemption price, and if money for the payment of the above-described redemption
price of this Note or such portion hereof is available therefor, then from and after the date so
designated interest on this Note or such portion hereof shall cease to accrue and the registered
owner of this Note shall, as to this Note or such portion hereof, have no rights in respect hereof
except to receive payment of the redemption price hereof on the redemption date hereof,
provided, that if this Note is to be redeemed in part only, upon presentation of this Note for
redemption there will be issued in lieu of the unredeemed portion of the principal amount hereof
DOCSSF 1364502.2 A-2
a new Note or Notes of the same interest rate and maturity date of an aggregate principal amount
equal to the unredeemed portion hereof.
It is hereby recited, certified and declared that this Note is issued in strict
conformity with the Constitution and laws of the State of California and with proceedings of the
District authorizing the same, and that all acts, conditions and things required by law to exist, to
happen and to be performed precedent to the issuance of this Note do exist, have happened and
have been performed in the time, form and manner as required by law, and that this Note,
together with all other indebtedness and obligations of the District, does not exceed any limit
prescribed by the Constitution or laws of the State of California.
It is hereby further recited, certified and declared that the Notes are limited
obligations of the District and that the interest on and principal of and redemption premiums, if
any, on the Notes shall, as authorized by and subject to the Law,be paid only from limited ad
valorem property taxes levied upon all taxable property within the District by the Board of
Supervisors of Santa Clara County and by the Board of Supervisors of San Mateo County and by
the Board of Supervisors of Santa Cruz County and allocated to the District under applicable
law, that are legally available to pay the Notes together with the payment on a parity of the
interest on and principal of the District's outstanding notes and certain land acquisition contracts,
or from other funds legally available therefor. The full faith and credit or taxing power of the
District is not pledged for the payment of the interest on or principal of or redemption premiums,
if any, on the Notes, and the Notes are not secured by a legal or equitable pledge of, or charge,
lien or encumbrance upon, any property of the District or any of its income or revenue.
This Note is transferable by the registered owner hereof, in person or by his duly
authorized attorney, at the office of the District, upon surrender of this Note for cancellation
accompanied by delivery of a duly executed written instrument of transfer, and thereupon a new
Note or Notes of authorized denominations for a like aggregate principal amount and of the same
maturity date will be issued to the transferee in exchange therefor, in the manner, subject to the
conditions and upon payment of the charges provided in the Resolution. The District may deem
and treat the registered owner of this Note as the absolute owner hereof for all purposes, and the
District shall not be affected by any notice or knowledge to the contrary; and payment of the
interest on and principal of and redemption premium, if any, on this Note shall be made only to
such registered owner as above provided, which payment shall be valid and effectual to satisfy
and discharge the liability on this Note to the extent of the sum or sums so paid.
The Notes are authorized to be issued in the form of fully registered notes in the
denomination of five thousand dollars ($5,000) or any integral multiple thereof(not exceeding
the principal amount of Notes maturing in any one year), and, subject to the conditions and upon
payment of the charges provided in the Resolution, the Notes may be exchanged at the office of
the District for the same aggregate principal amount of Notes of the same maturity date of other
authorized denominations.
This Note shall not be entitled to any benefits under the Resolution or become
valid or obligatory for any purpose until its due execution and delivery.
DOCSSF]:364502.2 A-3
IN WITNESS WHEREOF, the District has caused this Note on its behalf to be
signed by the manual or facsimile signature of the President of its Board of Directors and attested
by the manual or facsimile signature of the Secretary of its Board of Directors and has caused the
seal of the District to be printed hereon, all as of _, 1999.
MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
By
President of the Board of Directors
[SEAL]
Attest:
Secretary of the Board of Directors
F)oC'ssF I:36asoz.z A-4
[FORM OF ASSIGNMENT]
For value received the undersigned do(es)hereby sell, assign and transfer unto
the within Note and do(es) hereby
irrevocably constitute and appoint attorney to transfer the
same on the register of the Paying Agent, with full power of substitution in the premises.
Dated: ,
SIGNATURE GUARANTEED BY:
NOTE: The signature(s)to this Assignment must correspond with the name(s) as written
on the face of the within Note in every particular, without alteration or
enlargement or any change whatsoever, and the signature(s)must be guaranteed
by an eligible guarantor institution.
Social Security Number, Taxpayer Identification Number or other identifying number of
Assignee:
DOC'SSF 1: 64502.2 A-5
Regional . . -i
A
R-99-113 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-20
August 11, 1999
AGENDA ITEM 3
AGENDA ITEM
Approval of License Agreement With Residents of Shel an Road for District to Use and Manage
a Public Trail Access Across a Portion of Sheldon RoaLtoAccessEl Sereno Open Space
Preserve
GENERAL MANAGER'S RECOMIVIE TlDAfiI61'�5 y -- -
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
2. Authorize the President of the Board of Directors to sign the License Agreement for
District to manage trail access across a portion of Sheldon Road and any required
Certificate of Acceptance with the residents of Sheldon Road as listed by Assessor's Parcel
Numbers.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained
in this report.
INTRODUCTION
The District is considering a license agreement with Sheldon Road residents to allow public trail
access across a portion of their road to the El Sereno Open Space Preserve (see attached Exhibit
A). The agreement arises from litigation relating to a dispute between trail users who claim to
have public prescriptive rights to use Sheldon Road, and private property owners who own and
maintain the road. In January 1996, after more than two years of litigation, the District agreed to
facilitate a settlement which has resulted in agreement to the attached license agreement.
Discussion
Located in the hills above the Town of Los Gatos, the El Sereno Open Space Preserve was first
established in 1975 with the acquisition of the former 986-acre Moore property. Informal
neighborhood equestrian and hiking access to the property was well established at this time and
originated from a number of residential streets including Sheldon Road, where trail users would
enter the property around a gate and travel an unsurfaced road to the top of El Sereno. Sheldon
Road is a private road, owned and managed by approximately 17 property owners. A list of the
affected properties is attached to this report as Exhibit B. Vehicle access to the property from
Sheldon Road over the unsurfaced road was not possible due to a major slide a short distance
above Sheldon Road, but was finally reopened for patrol and emergency purposes in 1988. The
District has used Sheldon Road for access to the preserve for maintenance, management and
emergency purposes since the Moore property was acquired.
3>0 [)istcsl Circle . Los Altos, CA 94022-1404 Phone: 050-691-1200 °
FAX: 650-691-04£35 . F mail: Web site: .vw",.openslm(e,org �
Smrrl w Oiw(trx, Pete swnwn,, Mary C.I Mvev,Ifni( m Daum Little Noiwite Hanko, Betay ( tmvder, Kenneth C. Nit/ -( eno,)l n4an u,,cf:L.Craw Rr111oll
R-99-113 Page 2
Following the acquisition, Sheldon Road residents began experiencing problems with parking near
the entrance to the preserve, and later an increasing problem with conflicts between bicyclists and
residents. To facilitate the neighborhood equestrian and hiking access, the District initially
proposed a hiking stile at the Sheldon Road entrance, but in 1981 the Board directed staff to
delete the stile from the plan and improve fencing and signing to discourage parking, including the
posting of"Private Road" and"No Parking" signs. In 1989, Sheldon Road residents constructed
an eight foot fence to restrict hiking and bicycling access to the preserve in response to the
increased trail use that resulted from the reopening of the road for District patrol and emergency
purposes.
In response to the trail closure, a coalition of open space trail users formed the Committee for
Open Space Access (COSA)to seek a public prescriptive right to Sheldon Road. In June 1990,
COSA filed a lawsuit in Santa Clara County Superior Court seeking a judgement to allow use of
the road. In 1994 an agreement was reached between COSA and the residents to seek binding
arbitration. The District was not a party to the lawsuit or arbitration. The District agreed, at the
request of the residents and COSA, to assist with the process and has worked closely with them in
formulating the attached License Agreement allowing for public trail use on a portion of Sheldon
Road between the preserve and Overlook Road that will be managed by the District under the
same regulations that apply to the El Sereno Open Space Preserve.
Summary of License Agreement
The License Agreement provides a revocable license to the District for the purpose of allowing
the general public to use Sheldon Road for hiking and bicycling to and from the El Sereno Open
Space Preserve. The following are key conditions of the agreement:
1. The road will be open to hikers and bicyclists, but equestrians, organized group bicycle rides,
and public motor vehicles are prohibited.
Z. District will regularly patrol and provide patrol records to Sheldon Road residents upon
request.
3. District will indemnify and hold Sheldon Road residents harmless from claims that result from
public trail use.
4. District will not show Sheldon Road as a public trail on any District publication.
5. District will install a gate and trail stile at the Sheldon Road entrance/exit to the preserve.
6. District regulations will be in effect over the length of the licensed trail.
7. Trail will be open to the general public during the same hours as the preserve, from sunrise to
one-half hour after sunset.
8. District will install a sign explaining the nature of the license agreement and regulations for
trail use at the upper and lower end of Sheldon Road.
9. District will install speed limit signs.
10. District will assume a 1/15 share of the annual cost of maintaining Sheldon Road.
R-99-113 Page 3
USE AND MANAGEMENT PLAN
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect upon the acceptance of the License
Agreement by the court and remain effective until the plan is amended or a Comprehensive Use
and Management Plan is prepared. Any proposed changes to land use will be subject to further
environmental review and public input.
Public Access: Trail to be open for public use under same regulations that exist at El Sereno
Open Space Preserve.
Trail Designation: Trail to be designated for hiking and bicycling use only.
Barriers: Remove existing chain link fence and gate; reconfigure District gate and install trail stile
to allow hiking and bicycling access; submit plans to resident's representative for review and
comment prior to construction.
Signs: Install signs stating speed limit signs and conditions of license agreement; submit plans to
resident's representative for review and comment prior to construction.
Site Safety Inspection: Inspect the trail to determine if there are hazards that need to be
mitigated.
CEOA COMPLIANCE
Project Description
The project consists of a License Agreement whereby the District will operate a public trail on a
portion of Sheldon Road between the El Sereno Open Space Preserve boundary and the
intersection of Sheldon Road and Overlook Road The trail will be open to the public for hiking
and bicycling purposes to provide ingress and egress to the open space preserve and operated
under the same regulations that exist on the open space preserve.
CEOA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(the California Environmental Quality Act)under Article 19,
Sections 15301, 15304, and 15061 as follows:
Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing
public or private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that previously existing. The District will operate the
existing trail under a license agreement and will discourage increased use of the trail by agreeing
not to show the trail on District publications. Thus, there will be negligible, or no expansion of
use.
R-99-113 Page 4
Section 15304 exempts the minor public or private alterations in the condition of land, water
and/or vegetation which do not involve removal of mature, scenic trees except for forestry and
agricultural purposes. The project includes the installation of a gate, stile, and regulatory signs,
and does not involve removal of any trees or other vegetation. Alterations will be minor.
This license agreement qualifies under three 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.
PUBLIC NOTIFICATION
Owners of privately owned properties located adjacent to or surrounding the subject property
have been notified of this transaction.
Prepared by:
Del Woods, Senior Open Space Planner
Contact Person:
same as above
EL SERENO OPEN SPACE PRESERVE
MIDPENINSULA REGIONAI OPEN SPACE DISTRICT
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SANBORN SKYLINE
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ESERVOFR
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EXHIBIT A: Location map for Sheldon Road License
EXHIBIT B
List of Affected Properties
Assessor's Parcel Numbers
1. 510-36-001 (tentative)
2. 510-36-002
3. 510-36-003
4. 510-36-004
5. 510-36-005
6. 510-36-006
7. 510-36-007
8. 510-36-008
9. 510-36-009
10. 510-36-010 (tentative)
11. 510-36-011
12. 510-36-014
13. 510-36-015
14. 510-36-016
15. 510-39-002
16. 510-39-003
17. 510-39-010
LICENSE
This License Agreement ("License") is made, effective as of , 1999, by and
between certain property owners holding record title to real property contiguous to a private
road commonly referred to as "Sheldon Road" and located in Santa Clara. County, California
and the Midpeninsula Regional Open Space District, a California public agency. The names
and addresses of the property owners who are parties to this License and the legal descriptions
and Assessor's Parcel Numbers of the real properties owned by each of them are attached
hereto, marked Exhibit "A" and incorporated herein by reference. These property owners are
hereafter referred to collectively as "Licensor". Midpeninsula Regional Open Space District is
hereafter referred to as "Licensee."
RECITALS
1. This License arises out of litigation entitled Anderson et al. vs. Manseau et al..
Santa Clara Superior Court Case No. 701628 to which Licensor was a party. The litigation
concerned a claim by certain members of the public to a prescriptive right to use Sheldon Road
for ingress and egress to the adjacent El Sereno Open Space Preserve ("El Sereno") owned by
Licensee.
2. Licensor disputed these claims and the matter was submitted to an arbitrator. In an
effort to arrive at a mutually acceptable resolution of this dispute, and without any admission
of the claims of the parties, Licensor has requested Licensee to enter into this License in an
effort to assist in providing a solution to this dispute.
3. On January 19, 1996, Licensee offered to facilitate this settlement upon certain
specific conditions.
4. It is the purpose of this License to implement the conditions of this offer and to
facilitate a settlement of the litigation.
5. As used in this License, the term "invitee" shall mean members of the general public
who are using Sheldon Road for ingress and egress to El Sereno. The term
"invitee" shall not include the Midpeninsula Regional Open Space District, its officials,
employees, agents, contractors or other authorized representatives.
In consideration of the mutual promises contained in this License, the parties hereto agree as
follows:
I.
Licensor hereby grants to Licensee a revocable license to use the property commonly
referred to as Sheldon Road for purposes of public trail access to El Sereno, subject to the
1
conditions set out in this License. A more specific description and map of Sheldon Road is
attached hereto, marked "Exhibit B", and incorporated by this reference.
II.
In order to carry out its rights and obligations under this License in relation to
Licensee, Licensor will identify one person who will serve as Licensor's representative.
Written notice to the identified representative will constitute notice to Licensor. Any
communications or submissions required of Licensee under this License shall be submitted to
the Licensor's representative.
III.
In further consideration of this License, Licensee shall erect and maintain at the
southerly end of Sheldon Road, at or near the entrance of Sheldon Road into El Sereno, a
permanent gate and trail user stile which will serve the purpose of allowing invitees who are
pedestrians and bicyclists through the gate into El Sereno, but which will restrict invitees'
vehicles and motorcycles from entering Sheldon Road from El Sereno. Licensee agrees to
submit proposed plans and location for such gate and stile to Licensor's representative for
review and comment prior to construction.
Nothing in this License shall preclude Licensor from installing an electric gate, trail
user stile or similar structure at the intersection of the northerly end of Sheldon Road and
Overlook Road. In the event of such election, Licensor will work with Licensee to construct
and install such a structure. The design and location of the structure is subject to approval by
Licensee in order to insure it is designed to allow passage by public trail users consistent with
the provisions of Paragraph VI of this License. The parties will share the cost of the structure
on the same basis as costs are apportioned in Paragraph V. herein, except that Licensee shall
not be responsible for any installation and/or maintenance costs associated with an electric
gate. The structure will also allow Licensee to have regular patrol, maintenance and
emergency access.
IV.
This License may be used by invitees of Licensee who are on foot or bicycle for the
sole purpose of ingress and egress to El Sereno and for incidental trail purposes relating to
such use and for no other recreation purpose, commencing on the effective date of this License
and continuing unless and until this License is terminated as hereinafter set forth. This License
does not allow equestrian use of Sheldon Road by invitees. Parking or driving of invitees'
vehicles on the surface of or along the roadside of Sheldon Road is expressly prohibited. The
restrictions of this License shall not extend to Licensee, or its employees, officials,
contractors, agents or authorized representatives, all of whom may use Sheldon Road, or any
of the gates or structures referenced in this License, whether as pedestrians or in vehicles or
2
otherwise, for ingress and egress to El Sereno and for patrol, maintenance, construction or
emergency purposes.
V.
As further consideration for this License, Licensee agrees to pay and assumes one-
fifteenth (1/15) of the annual cost of maintaining and repairing Sheldon Road so as to maintain
it in its current condition. The remaining cost shall be borne by Licensor. Licensor shall be
responsible for performing or causing to be performed any maintenance or repair authorized
by this Paragraph. Licensor may then submit to Licensee a bill, together with sufficient
information to determine that the bill is accurate. The bill shall be payable within thirty (30)
days of the date of receipt by Licensee.
In the event Licensee becomes aware of a potentially dangerous physical condition of
Sheldon Road, Licensee may notify the Licensor's representative in writing that repair or
maintenance of Sheldon Road is required to remedy or avoid such condition. If the condition is
not satisfactorily repaired or remedied within 60 days after the date of the written notice,
Licensee may, but is not obligated to, perform the remedial or maintenance work necessary to
remedy or avoid the dangerous condition. Licensee's costs of such work shall be applied as a
credit to Licensee's pro rate share of future maintenance costs of Sheldon Road under this
Paragraph.
VI.
The use of this License is subject to the following additional terms and conditions:
1. Sheldon Road shall be open to invitees for the same times of day as El
Sereno is open to the public, which is currently sunrise to one-half hour after sunset.
2. For invitees riding bicycles, Licensor shall post appropriate signs restricting
cyclists to the speed limit in accordance with Licensee's ordinances. Licensor will install
appropriate warning signs to require the safe and prudent use of Sheldon Road by said
bicyclists.
3. This License permits invitees to use only Sheldon Road and does not
authorize or permit trespass on to any adjacent private property.
4. In consultation with Licensor, Licensee shall develop a signing program and
accordingly post appropriate signs at the entrance and exit of Sheldon Road into El Sereno and
at the intersection of Sheldon Road and Overlook Road to alert invitees of the restrictions of
this License. The purpose of the signing program shall be to engender respect and compliance
on behalf of invitees for the right to privacy and quiet enjoyment of Licensor's private
property. Invitees shall be notified to observe and comply with all posted signs, including
refraining from excessive noise and obeying all of Licensee's rules and regulations while using
Sheldon Road.
5. Licensee will not issue permits for organized bicycle rides by groups of
invitees over Sheldon Road.
3
VII.
Licensee will add Sheldon Road to its regular patrol routes. Licensee agrees to patrol
Sheldon Road as it deems necessary and appropriate to enforce compliance with Licensee's
ordinances and with the terms and conditions of this License. Licensee will provide Licensor
with its patrol and enforcement activity records if requested to the extent allowed by law.
VIII.
Licensee agrees to indemnify and hold Licensor harmless from any and claims and
demands for bodily injury, death or property damage brought by invitees who are using
Sheldon Road pursuant to this License against Licensor and which arise from the invitee's use
of Sheldon Road and which are alleged to be solely caused by the physical condition of
Sheldon Road.
IX.
Licensee agrees that Sheldon Road will not be shown as a public road or official public
trail or open space preserve access on any newsletter, brochure or other public mailing
published by Licensee.
X.
In the event of a continuing breach of a material condition of this License, Licensor
may provide a written warning to Licensee setting forth the time, date and occurrence of the
events that caused such breach.
Licensee shall have sixty days to cure the breach. In the event of a continuance of a
breach of a material condition of this License, Licensor may send written notice to Licensee of
its intention to terminate this License. In the event a conflict arises over the existence of a
breach warranting termination of this License, the matter shall be submitted to Retired Judge
John Marlow or such other independent arbitrator as mutually agreed upon by the parties. The
parties agree to be bound by the determination of the arbitrator which shall be final.
XII.
Licensee agrees that it will not assert or pursue a claim that usage by invitees or any
other person, firm, corporation or other entity under this License has conferred upon invitees
an easement by prescription or an implied dedication over Sheldon Road. It is understood and
agreed that Licensee and its invitees have permissive use of Sheldon Road pursuant to this
License and such use under this License shall not ripen into a prescriptive easement or create a
dedication, implied or expressed, in favor of invitees.
XIII.
Any modification of this License shall be binding only if evidenced in writing and
signed by an authorized representative of each party.
4
XIV.
The rights of Licensee under this License are personal and may not be assigned or
transferred to any other person, firm, organization or any other entity without the prior express
written consent of the Licensor. The rights and obligations of the property owners under this
License shall be appurtenant to and burden their respective real property identified in Exhibit
A hereto and any transfer of said property shall also operate to transfer their rights hereunder.
In the event of a future subdivision of such property, the obligations of the property owners to
pay for maintenance and repair and construction costs under this License will be pro-rated
accordingly.
XV.
In the event Licensee secures a valid, recorded easement that would provide alternative
trail access to El Sereno for use by the public that is equal or better in every respect to the trail
access provided by Licensor, Licensee shall promptly, upon written demand of Licensor,
extinguish and quitclaim this License and the rights granted hereunder shall terminate.
XVI.
This License shall constitute the entire agreement between the parties and any prior
understanding or representation of any kind preceding the date of this agreement shall not be
binding upon either party except to the extend incorporated in this License.
XVI.
This License shall be recorded identifying each of the parcels belonging to all of the
real properties owned by Licensor.
IN WITNESS WHEREOF, each party to this License has caused it to be executed in
Santa Clara. County on the dates indicated below.
Licensor: [See Exhibit A hereto]
Licensee:
Date:
Midpeninsula Regional Open Space District ATTEST:
By:
Jed Cyr By:
Peggy Coats, District Clerk
Title:
President
Date:
5
EXHIBIT A to the LICENSE AGREEMENT
[To be substituted with legal descriptions of affected properties.]
EL SERVO OPEN SPACE P&ERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Sheldon Road License
61 • .LT77
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fi 0.1 1800 1.2 \ � Trail Distance in Miles
1600 Creek
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1600 `, Roadside Parking
1200 1�000
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EXHIBIT B: To License Agreement
Regional Open , . .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-114
Meeting 99-20
August 11, 1999
AGENDA ITEM 4
AGENDA ITEM
Approval of Amendment to Settlement Agreement and Related Implementing Agreements for
Proposed Acquisition of the Russian Convent of Our Lacy of Vladimir, Inc. Property Creating
the Mills Creek Open Space Preserve
GENERAL MANAGER'S RECOMME ATIONS
1. Adopt a Resolution authorizing execution of the Amendment to the Settlement and
General Release Agreement and related Implementing Agreements as signed between
the parties on April 8, and June 24, 1998.
2. Authorize the President of the Board of Directors, subject to the approval of the
General Manager and General Counsel, to approve minor revisions to the Settlement
and General Release Agreement and related Implementing Agreements that may be
necessitated by the land use regulatory requirements of San Mateo County, and which
do not involve any substantial change to the June 21, 1999, Partial Site Plan for the
Convent Project.
INTRODUCTION
The District is considering proposed minor revisions to the Russian Convent of Our Lady of
Vladimir, Inc. project which will affect the Settlement and Release Agreement and related
documents approved by the Board of Directors in 1998 (see report R-98-36 and R-98-89).
These minor revisions are being initiated by the Convent in response to comments made by the
public and San Mateo County staff during the San Mateo County planning process for the
planned development of the convent and associated buildings.
DISCUSSION
The Settlement and Release Agreement and related documents includes development
restrictions on the 24-acre portion of the Convent property where the proposed convent,
chapel, and retreat center are to be located. The property is bounded by Skyline Boulevard to
the east, private property and the District's proposed fee open space land to the north, and the
District's proposed open space easement to the west and south. The intent of the development
restrictions is to limit the development to the existing proposal before the County of San Mateo
in an effort to ensure future development will not significantly impact the adjacent open space
lands. The restrictions include the following:
330 Distel Circle . Los Altos, CA 94022-1404 e Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd«openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .General Manager:L.Craig Britton
R-99-114 Page 2
1. Development of structures is limited to the convent, chapel, retreat center, and
garage. Any addition or replacement of these building is restricted to the same
location and size as specified in the Preliminary Concept Plan submitted to the
County by the Convent.
2. Future development is limited to one auxiliary residence, not to exceed 3,000
square feet in size and 30 feet in height, and small non-commercial accessory
structures. The auxiliary structure may only be located in a specific area within
the RM-zoned portion of the property near Skyline Boulevard. The accessory
structures are permitted only north of the 1/4-section line and west of the
specific area defined for the auxiliary residence. The accessory structures may
not exceed 800 square feet individually, or an aggregate area of 2,500 square
feet; may not exceed 12 feet in height; and will be limited to uses such as
storage and gardening.
3. Subdivision of the property is prohibited.
4. A landscaping plan will be developed and maintained to screen the convent and
chapel buildings from adjacent open space lands and Skyline Boulevard.
The proposed minor revisions as submitted to San Mateo County on June 21, 1999, and shown
on "Exhibit A" to the Amendment to the Settlement and General Release Agreement, does not
substantially change the overall project or potential impacts to the 165-acre open space parcel
or 91-acre open space easement. The revisions that relate to the District's prior agreements
include the following:
1. The Retreat Center has been relocated outside of the Coastal Zone and into the
Resource Management (RM) Zone approximately 400 feet southeast of the
original site. The building will be in closer proximity to existing residential
development along Skyline Boulevard. The grading, building size, and
building shape will be approximately the same as before. The visual effects of
the relocation as viewed from the open space areas are approximately the same.
A small portion of the building will be visible from Skyline Boulevard, but
landscape screening will be provided to minimize this impact.
2. Four parking spaces are being relocated from the originally proposed parking lot
to an area adjacent to the new location of the Retreat Center. Twenty parking
spaces remain in the same location as shown on the Preliminary Concept Plan
and the overall number of parking spaces for the project does not change.
3. The location of the future auxiliary residence remains in the RM zone but,
unlike the Preliminary Concept Plan, the building is now in a fixed location on
the site plan, approximately 160 feet north of the revised location of the Retreat
R-99-114 Page 3
Center. As with the Retreat Center, the building will be in close proximity to
existing residential development and the building's size will remain the same as
in the Preliminary Concept Plan. Landscape screening will be provided to
minimize visual impacts from Skyline Boulevard.
4. As a result of a CalTrans requirement, the entrance road has been moved
approximately 130 feet to the north of the proposed location in the Preliminary
Concept Plan in order to increase the line-of-sight on Skyline Boulevard. A
road embankment exists at this location and will be graded and landscaped to
minimize the visual impacts. The entrance road will not significantly affect the
designated wildlife corridor, which is also being relocated north to a point
where the grade of the embankment meets the grade of the road and serves as a
desirable crossing point for wildlife on Skyline Boulevard.
USE AND MANAGEMENT PLAN
The Preliminary Use and Management Plan was approved at your June 24, 1998, meeting and
will not be changed as a result of the actions contained in this report.
C'EQA COMPLIANCE
The District concludes there are no substantial changes to the District's portion of the project
and the categorical exemptions approved at your June 24, 1998, meeting remain in effect.
There is no reasonable possibility that the proposed revisions to the 24-acre Convent property
will have a significant effect on the establishment of the open space preserve. Environmental
review of the proposed development of the 24-acre Convent property is the responsibility of
San Mateo County as lead agency, and not that of the District.
TERM
There are no revisions to the terms of these acquisitions, except as set out in this report.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Acquisition Planner
Susan M. Schectman, General Counsel
Contact person:
Susan M. Schectman, General Counsel
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA. REGIONAL OPEN SPACE DISTRICT
APPROVING AMENDMENT TO SETTLEMENT AND
GENERAL RELEASE AGREEMENT AND IMPLEMENTING
AGREEMENTS, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND OTHER
AMENDMENT DOCUMENTS, AND AUTHORIZING
GENERAL MANAGER AND BOARD PRESIDENT TO
EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO IMPLEMENT THE
AMENDMENT (MMLS CREEK OPEN SPACE PRESERVE -
LANDS OF RUSSIAN CONVENT OF OUR LADY OF
VLADIMIR, INC.)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby accept and approve that certain Amendment to the Settlement and General
Release Agreement and Implementing Agreements between the Russian Convent of Our Lady
of Vladimir, Inc., 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 this Amendment on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is
authorized to execute a Certificate of Acceptance on behalf of the District, if necessary, in
order to record the Amendment.
Section Three. The General Manager and Board President are further authorized to
execute any and all other documents necessary or appropriate to implement or record this
Amendment. The Board President is further authorized, subject to the approval of the General
Manager and General Counsel, to approve minor revisions to the Amendment and to the
Settlement and General Release Agreement and Implementing Agreements that may be
necessitated by the land use regulatory requirements of San Mateo County and which do not
involve any substantial change to the June 21, 1999, Partial Site Plan for the Convent Project.
Regional Open ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-110
Meeting 99-20
August 11, 1999
AGENDA ITEM 5
AGENDA ITEM
Authorization to Solicit Bids for one Brush Chipper
GENERAL MANAGER'S RECOMMENDATION ,,-
Authorize staff to advertise for bids to purchase one brush chipper.
DISCUSSION
At your March 24, 1999 meeting you approved the fiscal year 1999-2000 budget which included
$20,000 for one brush chipper (see report R-99-09).
In 1992 the District purchased its first and only brush chipper. Since that time the chipper has
been used extensively to chip material from resource management projects, down trees, and
brush removed from roads and trails. A considerable amount of time is now spent transporting
the shared chipper from one geographical area to the other. A chipper assigned to each area
would eliminate the time now spent transporting the chipper up and down the hill.
Accumulation of dead vegetation is a serious fire hazard. In the past, much of the brush was
disposed of by means of burning brush piles. Because of higher air quality standards, staff
currently does very little brush burning. Transporting wood and brush to a landfill is costly and
environmentally unsound. Use of a chipper is one of the best methods for managing dead
vegetation that must be removed. Wood chips produced from the chipping process can be used
for mulching and erosion control. This was recently done at a Pulgas Ridge Open Space
Preserve revegetation project. With increasing numbers of resource management projects, there
will be many opportunities to use wood chips productively.
New improvements in chippers have enhanced the safety and functionality of the equipment.
Although these new improvements should greatly benefit field staff, the total cost may exceed
the budgeted amount. Depending on the final bid, staff will review the Operations budget to
determine if funds are available to cover any increased cost, and make a final recommendation
accordingly.
Prepared by:
David Topley, Support Services Supervisor
Contact person:
Same as above
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX: 650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Britton
Regional Open .ice
�_��l0=DPEN�INSULA REGIONAL OPEN SPACE DISTRICT
R-99-115
Meeting 99-17
August 11, 1999
AGENDA ITEM 6
AGENDA ITEM
Cancellation of August 25, 1999 Regular Meeting
GENERAL MANAGER'S RECOMMEND TI
Cancel your August 25, 1999 Regular Meeting.
DISCUSSION
I recommend that you cancel the August 25, 1999 Regular Meeting because of an unusually
small agenda and the anticipated absence of many key staff members due to approved
vacations. Agenda items that would have been presented at the August 25 meeting have been
placed on the August 11 agenda or will be placed on the September 8 agenda.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Same as above
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz .Genera!Manager:L.Craig Britton
Claims No. 99-15
Meeting 99-20
Date: August 11, 1999
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6938 130.49 ADT Security Services Alarm Service-Skyline Office
6939 316.33 *1 Alan Steel &Supply Company Purisima Creek Storm Damage Repairs
6940 97.00 Alexander Hamilton Institute Subscription-Legal
6941 356.95 All Laser Service Printer Cartridge Service
6942 62.31 Randy Anderson Vehicle Expense
6943 53.71 Arne' Sign Signs
6944 38.49 Artech Laminating Lamination Supplies
6945 38.88 AT&T Telephone Service
6946 19.86 Barron Park Supply Plumbing Parts
6947 58.30 Bay Area Air Quality Management District Nozzle Permits-Field Office Fuel Tanks
6948 2,438.00 BNY Western Trust Company Note Paying Agent Fees--1 996 Bonds
6949 588.88 Beck's Shoes, Inc. Uniform Boots
6950 1,237.17 Big Creek Lumber Fence Rails
6951 19,425.00 Brazil's Excavating, Inc. Purisima Creek Storm Damage Repairs
6952 181.44 Browning-Ferris Industries Dumpster Service
6953 69.23 Dick Bruhn, Inc. Uniforms
6954 270.00 Carleen Bruins Reimbursement--NAI Conf. Registration
6955 990.60 California Conservation Corps Non-Native Plant Removal-Pulgas
6956 168.29 California Water Service Water Service
6957 190.00 CARPOSA Conference-J. Escobar/G. Baillie
6958 383.40 Cascade Fire Equipment Company Field Supplies
6959 66.03 Peggy Coats Vehicle Expense
6960 229.60 Cole Supply Company Janitorial Supplies
6961 49.90 Patrick Congdon Reimbursement--Field Supplies
6962 64.95 Contemporary Engraving Name Tag Engraving
6963 11.11 CSK Auto/Kragen Field Supplies
6964 4,392.80 Alice Cummings Grant Preparation Consultant
6965 202.50 Mary de Beauvieres Reimbursement--Conference Expense
6966 8.63 Department of Forestry & Fire Protection Resource Documents
6967 500.00 Finance Director/Assoc. of Bay Area Gov. Membership Dues
6968 32.97 Firestone Tire & Service Centers Vehicle Servicing
6969 146.07 Forestry Suppliers, Inc. Field Supplies
6970 5,500.00 Robert E. Friday Appraisal Services
6971 21.60 G & K Services Shop Towel Service
6972 317.12 Gall's Inc. Vehicle Equipment
6973 348.22 Gardenland Power Equipment Field Supplies
6974 351.43 Goodco Press Incorporated Business Card & Permit Printing
6975 128.36 Goodyear Tire Service Center Tires
6976 139.70 GTE Wireless Cellular Phone Service
6977 473.15 Half Moon Bay Bldg. &Garden, Inc Field Supplies
6978 151.90 Hengehold Truck Rental Van Rental-CAC Tour
6979 3,674.24 Howard Rome Martin & Ridley Legal Services
6980 492.49 Interstate Traffic Control Products Sign Posts for Trail Closures
6981 239.00 Jodi Isaacs Reimbursement--Conference Expense
6982 3,611.17 Jeda Publications Brochure Printing
6983 13,750.00 Joe's Tractor Service Discing Services-FRO& SRO
Pagel
Claims No. 99-15
K8aeUng99-2O
Date: August 11. 1SSS
K8|[]PEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6984 1,240.00 Judges &Attorneys Resolution Service, Inc. Legal Mediation Services
8985 3.550.00 Tamara Kan Vegetation Map Consultant
6988 30.00 °2 LaHonda'Pencadero School District Meeting Facility Rental
6987 43.174.28 Lasher Auto Center Patrol Truck&Crew Cab
8088 234.72 Los Altos Garbage OurnpoharSen/ina
6889 52.00 Los Gatos Weekly Times Subscription
6990 928.80 Lucent Technologies Phone Maintenance Service
6991 37.50 Mac's Lab Paint Testing
6092 30.00 &1ogana's Building Maintenance Light K8ointananoe-[]CBuilding
6993 202.37 W1C| VVoddconn Phone Service
0994 287.46 W1eba| Craft |D Labels for Field Equipment
8995 2.433.48 K8etro&1obi|eCommunicotiono Radio Maintenance& Repairs
8896 720.00 Micro Accounting Solutions Computer Consultant
6897 10.000.00 Miller Starr& Regalia Legal Gen/icam'C|oming of Arlie
6988 450.83 K8inhon'e Lumber& Supply Field Supplies
6990 60.00 Mobile Radio Resources Radio Consulting Services
7000 1.149.00 Murray & Murray Thornevvnod Encroachment Legal Services
7001 223.50 °3 New Leaf Catering CAC Tour Meeting Expenses
7002 398.72 °4 KanNitc Reirnbunsennent--8pecia| Districts Forum
7003 1.000,00 °5 North American Title Company Acquisition Deposit
7004 45.00 NSTC/Farmbso Pump Part
7005 133.79 Office Helper Office Supplies
7006 0182.37 °8 Old Republic Title Company Arlie Escrow&Title Insurance
7007 11000.00 ^7 Old Republic Title Company Arlie Transfer Tax for District toPOST
7008 779.28 Orchard Supply Hardware Field Tools& Supplies
7009 107.57 Or|andi Trailer, Inc. Equipment Repair
7010 1.503.28 Pacific Bell Telephone Services
7011 1.440.00 Pacific Meridian Appraisal Services
7012 109.53 Peninsula Blueprint Printing Services
7013 528.23 PIP Printing Printing Services
7014 275.84 °8 Pitney Bowes, Inc. Postage Machine Lease
7015 1.869.30 Power|ondEquipment. Inc. Field Supplies
7016 78.92 Pringle Tractor Company Tractor Supplies
7017 30.47 Precision Engravers Name Tags
7018 6.14 Rancho Homdxvora Field Supplies
7019 786.36 Regal Dodge. Inc. Vehicle Repairs& Service
7020 1.999.50 Eric Remington Wildlife Assessment Consultant
7021 176.37 Revere Products Road Repair Products
7022 250.41 Rich's Tire Service Tire Repair
7023 6.222.66 Roy'a Repair Service Vehicle Maintenance& Repairs
7024 238.23 Russ Enterprises Signs
7025 227.37 Timothy Ryan Nature Center Exhibit Repairs
| 7026 114.75 Safety-Wemn Solvent Tank Service
7027 200.20 San Francisco Newspaper Agency Subscription Renewal
7028 %OO ^9 San Mateo County Public Health Lab Tick Testing
�
7029 10.00 °10 San Mateo County Public Health Lab Tick Testing
Page
Claims No. 99-15
Meeting 99-20
Date: August 11, 1999
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7030 265.85 *11 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms
7031 265.85 *12 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms
7032 442.65 *13 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms
7033 442.65 *14 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Restrooms
7034 581.00 *15 San Mateo County Planning Department Architectural Review-Restroom Installation
7035 442.65 *16 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms
7036 442.65 *17 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms
7037 265.85 *18 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms
7038 265.85 *19 San Mateo County Planning Department Plan Check Fees-Purisima Restrooms
7039 60.00 Santa Clara County Health Department Hazardous Materials Permit
7040 13.90 Second Cup Business Meeting Expense
7041 243.00 Skyline County Water District Water Services
7042 3,643.84 Shute Mihaly &Weinberger LLP Legal Services
7043 1,200.00 Slaght Living Trust September Rent--Ranger Residence
7044 302.68 Summit Uniforms Uniforms
7045 35.46 State Board of Equalization Diesel Fuel Tax
7046 22.80 Sweco Products Inc. Tractor Part
7047 63.24 Shell Oil Company Fuel
7048 400.00 Therma Corp. HVAC Repair--DC Building
7049 4,100.00 Grant Thornton Auditors
7050 52.70 David Topley Vehicle Expense
7051 32.35 Uline Shipping Boxes
7052 62.18 University Art Center Drafting Supplies
7053 7.72 Union 76 Fuel
7054 6.07 *20 UPS Parcel Delivery Service
7055 6.63 *21 UPS Parcel Delivery Service
7056 450.00 Verio Internet Service-July &August
7057 1,991.50 Visa 32.79- Resource Documents
1219.27-Vehicle Repairs
36.25 - Uniforms
257.22-Office Supplies & Miscellaneous
24.74 - Local Business Meeting Expense
208.38-Computer Supplies
212.85 -Conference Expense
7058 7,586.16 West Coast Lithographers, Inc. Brochure Printing & Basic Policy Printing
7059 55.21 West Coast Rebar Bridge Supplies
7060 391.29 West Group Payment Center On-Line & Law Library Subscription
7061 5.94 Wheelsmith Bicycles Patrol Bike Repairs& Maintenance
7062 1,200.00 W. J. Sorich Enterprises Sorich Road Dues
7063 458.19 Tires by Wheelworks Tires
7064 134.09 Michael Williams Business Meeting Expense & Mileage
7065 200.00 Woodside& Portola Private Patrol Secure Gates--Windy Hill Parking Lot
7066 300.00 Roberta Wolfe Recording Services
7067 186.07 Wolf Camera Photography Services
Total
189,175.42
Page 3
Claims No. 99-07
Meeting 99-10
Date: April 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
*1 Urgent Check Issued July 29, 1999
*2 Urgent Check Issued July 29, 1999
*3 Urgent Check Issued July 21, 1999
*4 Urgent Check Issued July 16, 1999
*5 Urgent Check Issued July 22, 1999
*6 Urgent Check Issued July 14, 1999
*7 Urgent Check Issued July 15, 1999
*8 Urgent Check Issued July 26, 1999
*9 Urgent Check Issued July 27, 1999
*10 Urgent Check Issued July 27, 1999
*11 Urgent Check Issued July 21, 1999
*12 Urgent Check Issued July 21, 1999
*13 Urgent Check Issued July 21, 1999
*14 Urgent Check Issued July 21, 1999
*15 Urgent Check Issued July 27, 1999
*16 Urgent Check Issued July 21, 1999
*17 Urgent Check Issued July 21, 1999
*18 Urgent Check Issued July 21, 1999
*19 Urgent Check Issued July 23, 1999
*20 Urgent Check Issued July 23, 1999
*21 Urgent Check Issued July 22, 1999
Page 4
Claims No. 99'15
Meeting 99-20
Date: August 11. 1SSS
Revised
M|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6938 130.49 ADT Security Services Alarm Service-7kyline Office
6939 316.33 °1 Alan Steel & Supply Company Purisinno Creek Storm Damage Repairs
6940 97.00 Alexander Hamilton Institute Subscription-Legal
6841 356.95 All Laser Service Printer Cartridge Service
8842 62.31 Randy Anderson Vehicle Expense
0943 53.71 Arne' Sign Signs
0944 38.49 ArtenhLonoinoUng Lamination Supplies
6945 38.88 AT&T Telephone Service
6946 19.80 Barron Park Supply Plumbing Parts
6947 58.30 Bay Area Air Quality Management District Nozzle Permits-Field Office Fuel Tanks
6940 2.438.00 BNY Western Trust Company Note Paying Agent Foeo-199OBonds
6949 588.08 Beck's Shoes, Inc. Uniform Boots
6950 1.237.17 Big Creek Lumber Fence Rails
6951 19.425.00 Brazil's Excavating, Inc. Purioima Creek Storm Damage Repairs
6952 181.44 Browning-Ferris Industries Dunnpsbar8en/ioe
6953 69.23 Dick Bruhn, Inc. Uniforms
6954 270.00 CedeenBruina Reimbursement--NA| Con[ Registration
6955 890.80 California Conservation Corps Non-Native Plant Rennove|-Pu|ges
6956 168.29 California Water Service Water Service
6957 190.00 CARP(]SA Conhsrenoe'J. Escobar/G. Bai||ie
6958 383.40 Cascade Fire Equipment Company Field Supplies
6853 66.03 Peggy Coats Vehicle Expense
GSGO 228.60 Cole Supply Company Janitorial Supplies
6961 49.90 Patrick Congdon Reimbursement--Field Supplies
6962 64.95 Contemporary Engraving Name Tag Engraving
6963 11.11 CGKAuto/Knagen Field Supplies
6064 4.392.80 Alice Cummings Grant Preparation Consultant
6065 202.50 Mary daBeauvienam Reimbursement--Conference Expense
6988 8�63 Department of Forestry & Fire Protection Resource Documents
8967 500.00 Finance DinsotodAasoo. of Bay Area Gov. Membership Dues
6868 32.97 Firestone Tire & Service Centers Vehicle Servicing
6869 146.07 Forestry Gupp|iane. Inc. Field Supplies
8870 5.500.00 Robert E. Friday Appraisal Services
6971 21.60 G & KServices Shop Towel Service
6972 317.12 Ga||'a |no. Vehicle Equipment
6973 348.22 Ganden|end Power Equipment Field Supplies
6974 351.43 Goodco Press Incorporated Business Card & Permit Printing
8975 128.38 Goodyear Tire Service Center Tinos
6978 139.70 GTE Wireless Cellular Phone Service
6977 473.16 Half Moon Bay Bldg. & Garden, Inc Field Supplies
6978 151.00 Hengeho|d Truck Rental Van Rental-CAC Tour
6979 3.674.24 Howard Rome Martin & Ridley Legal Services
6980 492.49 Interstate Traffic Control Products Sign Posts for Trail {}|oaunaa
6981 239.00 Jodi Isaacs Reimbursement--Conference Expense
6982 3.611.17 JedaPub|iomdons Brochure Printing
6983 13.750.00 Joa'o Tractor Service Diooing Services-FRO &SRO
Pagel
Claims No. 99-15
Meeting 99-20
Date: August 11, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6984 1,240.00 Judges-&-Attorneys Resolution Service, Inc. Legal Mediation Services
6985 3,550.00 Tamara Kan Vegetation Map Consultant
6986 30.00 *2 La Honda-Pescadero School District Meeting Facility Rental
6987 43,174.28 Lasher Auto Center Patrol Truck&Crew Cab
6988 234.72 Los Altos Garbage Dumpster Service
6989 52.00 Los Gatos Weekly Times Subscription
6990 926.90 Lucent Technologies Phone Maintenance Service
6991 37.50 Mac's Lab Paint Testing
6992 30.00 Magana's Building Maintenance Light Maintenance--DC Building
6993 202.37 MCI Worldcom Phone Service
6994 287.46 Metal Craft ID Labels for Field Equipment
6995 2,433.48 MetroMobileCommunications Radio Maintenance& Repairs
6996 720.00 Micro Accounting Solutions Computer Consultant
6997 10,000.00 Miller Starr& Regalia Legal Services-Closing of Arlie
6998 450.83 Minton's Lumber& Supply Field Supplies
6999 60.00 Mobile Radio Resources Radio Consulting Services
7000 1,149.00 Murray & Murray Thornewood Encroachment Legal Services
7001 223.50 *3 New Leaf Catering CAC Tour Meeting Expenses
7002 398.72 *4 Ken Nitz Reimbursement--Special Districts Forum
7003 1,000.00 *5 North American Title Company Acquisition Deposit
7004 45.00 NSTC/Farmtec Pump Part
7005 133.79 Office Helper Office Supplies
7006 6182.37 *6 Old Republic Title Company Arlie Escrow&Title Insurance
7007 11000.00 *7 Old Republic Title Company Arlie Transfer Tax for District to POST
7008 779.28 Orchard Supply Hardware Field Tools& Supplies
7009 107.57 Orlandi Trailer, Inc. Equipment Repair
7010 1,503.28 Pacific Bell Telephone Services
7011 1,440.00 Pacific Meridian Appraisal Services
7012 109.53 Peninsula Blueprint Printing Services
7013 528.23 PIP Printing Printing Services
7014 275.64 *8 Pitney Bowes, Inc. Postage Machine Lease
7015 1,869.30 Powerland Equipment, Inc. Field Supplies
7016 78.92 Pringle Tractor Company Tractor Supplies
7017 36.47 Precision Engravers Name Tags
7018 6.14 Rancho Hardware Field Supplies
7019 786.36 Regal Dodge, Inc. Vehicle Repairs & Service
7020 1,999.50 Eric Remington Wildlife Assessment Consultant
7021 176.37 Revere Products Road Repair Products
7022 250.41 Rich's Tire Service Tire Repair
7023 6,222.66 Roy's Repair Service Vehicle Maintenance& Repairs
7024 238.23 Russ Enterprises Signs
7025 227.37 Timothy Ryan Nature Center Exhibit Repairs
7026 114.75 Safety-kleen Solvent Tank Service
7027 200.20 San Francisco Newspaper Agency Subscription Renewal
7028 10.00 *9 San Mateo County Public Health Lab Tick Testing
7029 10.00 *10 San Mateo County Public Health Lab Tick Testing
Page 2
Claims No. SS-15
K8aetng98'2O
Date: August 11. 1S99
Revised
K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
/030 265.85 '11 San Mateo County Planning Department Plan Check Fees-Skyline Ridge xestnooma
7031 205.85 °13 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Raotnoomo
7032 442�65 °13 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Rest/ooms
7033 442.65 °14 San Mateo County Planning Department Plan Check Fees-Skyline Ridge Reatrooms
7034 581.00 °15 San Mateo County Planning Department Architectural RewiexvRestrnonnInstallation
7035 442.65 °16 San Mateo County Planning Department Plan Check Feea-PurisinnaReotroonno
7038 442.65 ^17 San Mateo County Planning Department Plan Check Feao-PurioirnoReotnoonno
7037 265�85 ^18 San Mateo County Planning Department Plan Check Fees-PuhsinnoReotroonns
7038 265.85 °19 San Mateo County Planning Department Plan Check Fees'PurisinnaRestroomo
7038 60.00 Santa Clara County Health Department Hazardous Materials Permit
7040 13.90 Second Cup Business Meeting Expense
7041 243.00 Skyline County Water District Water Services
7042 3.843.84 Shute Mihaly &Weinberger LLP Legal Services
7043 1.200.00 8|oght Living Trust September Rent--RengerResidence
7044 302.68 Summit Uniforms Uniforms
7045 35.46 State Board ofEqualization Diesel Fuel Tax
7046 22.80 Swaco Products Inc. Tractor Part
7047 63.24 Shell Oil Company Fuel
7048 400.00 Therma Corp. H\AACRepa)p-DCBuilding
7040 4.100.00 Grant Thornton Auditors
7050 52.70 DavidTop|ey Vehicle Expense
7051 32.35 U|ino Shipping Boxes
7052 62.18 University Art Center Drafting Supplies
7053 7.72 Union78 Fuel
7054 6.07 °20 UPS Parcel Delivery Service
7055 &63 °21 UPS Parcel Delivery Service
7056 450.00 Verio Internet Service-July &August
7057 1.891.50 Visa 32.7S - Resource Documents
1219.27 -Vehio|e Repairs
3G.25- Uniforms
257.22 -Office Supplies& Miscellaneous
24.74 ' Local Business Meeting Expense
2O8.38'Computer Supplies
212.85'Conference Expense
7058 7.586.16 West Coast Lithographers, Inc. Brochure Printing & Basic Policy Printing
7050 55.21 West Coast Rebor Bridge Supplies
7060 391.39 West Group Payment Center On-Line& Law Library Subscription
7061 5.94 VVhea|smithBicyu|eo Patrol Bike Repairs& Maintenance
7062 1.200.00 VV. J. SoriohEnterprises Sorich Road Dues
7063 45&19 Tires byVVhee|vvorko Tires
7064 134.09 Michael Williams Business Meeting Expense& Mileage
7085 200.00 Woodside & Porto|o Private Patrol Secure Geb*s-VVndy Hill Parking Lot
7066 300.00 Roberta Wolfe Recording Services
7067 186.07 Wolf Camera Photography Services
7068R 270.06 CoabcoVVholesa|e Office & Field Supplies
7069R 38.00 Jobs Available Subscription
Page
�����
Claims No. 99-07
Meeting 99-10
Date: April 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
707OR 935.20 Lanier Worldwide, Inc. Copier Lease A5reement
7071 R 400.00 Merwin Mace Acquisition Consulting Services
7072R 71.35 Ken Miller Reimbursement- Field Supplies
7073R 4,000.00 Navarone Industries, Inc. Newsletter& Hikes&Walks Mailing
7074R 601.09 Office Depot Office Supplies
7075R 809.13 Office Helper Office Supplies
7076R 59.42 Paul Romero Reimbursement-Office Supplies
7077R 1,000.00 Santa Cruz Title Company Acquisition Deposit
7078R 10.08 UPS Parcel Delivery Service
7079R 119.04 Lisa Zadek Vehicle Expense
708OR 866.00 Zoom Cycle Accessories Safety Helmets
7081 R 495.08 Petty Cash Local Business Meeting Expense, Film &
Developing, Field & Office Supplies,
Nature Center Supplies and Vehicle
Expense
Total $198,839.87
1 Urgent Check Issued July 29, 1999
*2 Urgent Check Issued July 29, 1999
*3 Urgent Check Issued July 21, 1999
*4 Urgent Check Issued July 16, 1999
*5 Urgent Check Issued July 22, 1999
*6 Urgent Check Issued July 14, 1999
*7 Urgent Check Issued July 15, 1999
*8 Urgent Check Issued July 26, 1999
*9 Urgent Check Issued July 27, 1999
*10 Urgent Check Issued July 27, 1999
*11 Urgent Check Issued July 21, 1999
*12 Urgent Check Issued July 21, 1999
*13 Urgent Check Issued July 21, 1999
*14 Urgent Check Issued July 21, 1999
*15 Urgent Check Issued July 27, 1999
*16 Urgent Check Issued July 21, 1999
*17 Urgent Check Issued July 21, 1999
*18 Urgent Check Issued July 21, 1999
*19 Urgent Check Issued July 23, 1999
*20 Urgent Check Issued July 23, 1999
*21 Urgent Check Issued July 22, 1999
Page 4
Regional Open , Ice
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manage
t
DATE: August 11, 1999
SUBJECT: FYI
330 Distel Circle . Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton
Regional Open - -Nate
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 11, 1999
Ms. Hillary Gitelman, Environmental Review Officer
San Francisco Planning Department
1660 Mission Street
San Francisco, CA 94103
Dear Ms. Gitelman:
On behalf of the Midpeninsula Regional Open Space District I am writing to comment on the
proposal to reconfigure and expand the runways at San Francisco International Airport(SFIA).
Specifically, I urge SFIA to fully explore any and all alternatives to the proposed filling-in of nearly two
square miles of San Francisco Bay.
The proposed project would include an estimated 80 million cubic yards of fill, which would have
serious environmental consequences throughout the area,particularly in the south bay. I do not believe
that sufficient research or consideration has been given to alternatives to this proposal.
The runway, if built as proposed, would have the effect of a dike protruding into the bay.The
sediment buildup on one side and erosion on the other could have severe hydrological impacts to areas
such as Bair Island and Coyote Point. Further, the "flushing" of bay water the south bay, so essential to
the waste treatment process, would likely be significantly reduced and the resulting impact could be
devastating.
Since this expansion is apparently designed to increase bad-weather capacity but not have any
effect during good weather, which occurs 84%of the time, it seems logical to look at other alternatives to
deal with the 16%of the time that capacity is an issue.
As the single most significant natural resource in the entire region, the San Francisco Bay must be
protected and fill only used as a last resort,when all other alternatives have been considered and ruled
out. I do not believe that all other alternatives have been fully researched and given due consideration.
The bay has been protected from such wholesale fill for over 40 years; this protection must continue, and
an alternative to the proposed runway fill must be found.
Thank you for your consideration of my comments.
ncerely,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Will Travis, BCDC
Mary Burns, Director, San Mateo County Parks
Camille Garibaldi, FAA
330 Distel Circle . Los Altos, CA 94022-1404 Phone:650-691-1200
FAX:650-691-0485 . E-mail: mroscl@openspace.org Web site:www.ol)eiisp.ice.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonefte Hanko,Betsy Crowder,Kenneth C. Nitz..Genera!Manager:L.Craig Britton
BETSY 133 Mapache Drive
R Portola Valley, CA 94028
Phone and Fax: (650) 851-0410
August 6, 1999
Patrick Congdon
Star Route 2, Box 319
La Honda, CA 94020
Dear Patrick:
I am writing to tell you how impressed I was at the•way you organized and
managed the Controlled Burn on Russian Ridge Open Space Preserve on Monday,
July 26, 1999. 1 realize that this was not only your project; that all District staff and
especially Dave "Sango" Sanguinetti were involved, but I believe that without your
dedicated research and coordination the project would not have been the outstanding
success it was.
Two things particularly impressed me: first, the amount of research in plant
ecology and other background work that you, Jodi Isaacs, and other staff members
had done in preparation for the event; second, your coordination of so many park,
special district and state organizations that operated in a smooth, flawless manner to
make this project a success.
This obviously was a joint effort by all concerned, but your unobtrusive organi-
zation was what made this a success, and I want you to know how proud I am that you
are an MROSD supervising ranger!
Thank you, Patrick!
Sincer ly,
Betsy Crowder
cc:-Board of Directors
i Craig Britton, General Manager
Regional Open . .ice
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manage
DATE: August 6, 1999
SUBJECT: FYI
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Regional Open ace
2
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 5, 1999
Mr. Curt Riffle
469 Casita Way
Los Altos, CA 94022
Dear Mr. Riffle:
Thank you for your July 31 letter. I'm pleased to read that your travel requirements will
allow you some time to volunteer for the District.
As you know, volunteers play an integral and valuable role with the District, whether
they work on field projects, lead hikes, help with office work, or staff information tables. Their
work is very much appreciated by the Board and staff of the District, and we look forward to
having you join the volunteer ranks. I have given your name and contact information to the
District's volunteer coordinator, Paul McKowan, and asked him to contact you within the next
week. Paul can fill you in on the various volunteer opportunities and provide you with
information on how to get started.
Again, thanks for your willingness to contribute some of your valuable time to the
District. Do say hello if you are in attendance at the next Board meeting, which is scheduled for
August 11.
Sincerely,
9,e Z��/;
Jed Cyr
President, Board of Directors
JC/mcs
cc: MROSD Board of Directors
Paul McKowan
330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200
FAX:650-691-0485 • E-mail: mrosdr+openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C, Nitz •General Manager:L.Craig Britton
Curt Riffle
469 Casita Way
Los Altos, CA 94022
Day: 408-873-6251, Evening: 650-949-0620
FAX: 650-949-3778, E-mail: curt riffle@hp.com
31 July 1999
Jed Cyr
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Jed:
I was one of the final candidates for the Ward 4 appointment last year. I was obviously
disappointed I was not selected but I certainly enjoyed the process and the learning that
accompanied it.
When I did not receive the appointment for Ward 4, I accepted a new position at
Hewlett-Packard to an international assignment. I was not able to stay as close as I
would have liked to the MROSD during the last year due to my extensive travel and time
commitments. Having successfully completed this assignment, I will be starting a new
job with HP on 2 August that will not require as much travel.
As I discussed with some of the Board members the night the Ward 4 selection was
announced, I would like to offer some of my time as a volunteer to the MROSD. Since
the Board seemed interested in my background and capabilities, I am willing to work on
special projects for the Board or other functions within the MROSD.
Please feel free to contact me at the above numbers or email address if you have any
ideas or advice. I am not quite sure how to contact you other than by letter as advised by
person answering the telephone at the MROSD last week. I will be attending the next
Board meeting, so perhaps we can chat briefly before or after the meeting.
ncerely,
M1
Curt Riffle
AUG 3
INTEROFFICE MEMORANDUM
Aug. 3, 1999
TO: C. Britton, General Manger
FROM: G. Baillie, Operations Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month June Year 1999
VIOLATIONS TOTALS CITES CRIMES TOTALS CITES
Bicycles False info to peace officer 2 0
Closed area 8 8 Arson 3 0
Speed 9 3
Helmet 18 7 ACCIDENTS/INCIDENTS
Night-riding 3 2 Bicycle 5
Unsafe operation 0 0 Equestrian 0
Dogs Hiking/running 0
Prohibited area 2 1 Search & rescue 0
Off-leash 5 2 Air evacuation 2
Off-road vehicles 1 0
Closed area 3 1 ENFORCEMENT
After hours 14 4 Citations 40
Fishing 4 4 Written warnings 50
Vandalism 14 0 Arrests 0
Parking 10 5 Police assistance 0
Parking after hours 16 3
Dumping/littering 1 0 MUTUAL AID
Campfires 1 0 Accidents 3
Camping 2 0 Law Enforcement 0
Weapons Landing Zone 1
Actual contact 0 0 Car Fire 1
Report only 0 0 Wildland Fire 4
Evidence of 0 0
Illegal trail construction 3 0
Plant damage 1 0
Pornographic material 1 0
Fuel loading 1 0
SUMMARIES OF SIGNIFICANT INCIDENTS
June 6: Three separate wildland arson fires were set in Picchetti Ranch. A total of one-half acre
burned. CDF responded with six engines and one helicopter. County Fire sent five engines.
P. Hearin, M. Newburn.
June 11: A wildland arson fire was set adjacent to Fremont Older OSP. M. Newburn, K. Carlson,
M. Casaretto, J. Kowaleski and N. Parks assisted. CDF and County Fire responded.
June 12: At El Corte de Madera OSP two cyclists were issued citations for riding in a closed area.
One person remarked that "fences are like an obstacle to ride around." B. Malone.
June 12: At El Corte de Madera OSP two cyclists were issued citations for riding in a closed area.
Both had been warned by the ranger not to enter but did so anyway. One cyclist initially lied
to the ranger about his identity. B. Malone.
June 15: A wildland arson fire was set in Lexington County Park adjacent to St. Joseph's Hill OSP.
County Fire and CDF responded. One-third of an acre burned. A. Coleman, J. Kowaleski,
T. Randall, M. Jurich, N. Flesuras, and N. Parks assisted.
June 16: Two illegally constructed trails were discovered at El Corte de Madera OSP. The first trail
is approximately 1/20 mile long, connecting two other trails. The second trail is
approximately 'h mile long with 300 feet of cut-and-fill. Earth moving is visible.
Hundreds of cut branches and broken saplings are evident and at least ten cuts are of limbs
greater than six inches in diameter. Both the entrance and exit of the trail are concealed by
brush. B. Malone.
June 20: An unlit pile of wood that appeared to be stacked for a bonfire was found at El Corte de
Madera OSP near the Gordon Mill Trail. Cold, charred, wood was found one foot away
from the pile. J. Menk.
June 28: At Foothills OSP sexually explicit material, a soiled blanket and drug paraphernalia were
found. J. Menk.
June 30: At El Corte de Madera OSP two cyclists were cited for riding in a closed area. One person
said they were part of a small group of riders who enter and exit illegal trails, carrying their
bicycles to avoid detection. B. Malone.
June 30: At El Corte de Madera OSP an 1/8 mile of illegal trail construction was discovered. The
trail connected two trails and was near an illegal trail discovered earlier. Numerous small
limbs and branches were cut. The entry and exit points were hidden. B. Malone.
Vandalism Incidents:
June 2: A post was pulled out at a trail crossing in Long Ridge OSP.
June 4: Graffiti was painted on Scorpion Rock at St. Joseph's Hill OSP.
June 11: A fence was cut at St. Joseph's Hill OSP.
June 12: Graffiti was painted on the inside of the restroom at Skyline Ridge OSP.
June 13: Two signs were removed at Saratoga Gap OSP.
June 16: Two illegally constructed trails were discovered at El Corte de Madera OSP. See
description above. Other vandalism incidents at El Corte de Madera in June include:
two "closed not a trail" posts pulled out, one "no bikes & horses" post pulled out,
two "closed not a trail" signs stolen, one barricade removed, and one fence knocked down.
June 19: A fence and stile were smashed at the Higgins-Purisima entrance to Purisima Creek OSP. A
vehicle had entered the preserve. B. Malone.
June 30: At El Corte de Madera OSP an 1/8 mile of illegal trail construction was discovered. See
description above.
County of Santa Clara CQ LhNN,
Environmental Resources Agency
Planning Office
County Government Center, East Wing, 7th Floor
70 West Hedding Street
Sari Jose, California 951 10-1705
(408)299-2454 FAX 279-8537
August 2, 1999
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Mr. Britton:
Thank you very much for participating in the County's recent Community Forum on Open Space
and Conservation for the Stanford University Community Plan/General Use Permit. The Santa
Clara County Planning Office appreciates your effort and willingness to discuss these issues and to
help make the forum interesting and successful.
Your presentation placing Stanford's open space lands in a regional context was a great beginning
to the panel and community discussion portion of the Forum. Your comments were an important
contribution to understanding why Stanford's open space is so critical to this part of the County.
Thank you again for your time and assistance.
Sincerely,
Hugh iah I am
Principal Planner
AUG
Board Of Supervisors: Donald F. Gage. Blanca Alvarado, Pete NICHUgh. Jar-nesT Beall Jr.. S. Joseph sinlitian
County Executive: Richard Wittenberg
County of Santa Clara c ou
Environmental Resources Agency
County Government center, East wing
70 West Hedding Street, I I th Floor
Sari Jose, California 951 10
(408)299-4132 FAX 295-9786
MEMORANDUM
TO: RICHARD WITTE,�RG, C, NTY EXECUTIVE
FROM: PAUL D. ROMERO,CTI DIRECTOR, ERA
DATE: JULY 26, 1999
SUBJ: BEAR CREEK REDWOODS OPEN SPACE PRESERVE
During budget hearings, the Board of Supervisors requested that the Parks and
Recreation Department report back on the status of acquiring the Bear Creek
Redwoods Open Space Preserve by the Midpeninsula Open Space District (MROSD).
A detailed report provided by the MROSD is attached. Also attached is a newspaper
article that describes the outcome of a long, involved negotiation and the partners
participating in the property purchase.
For all intent and purpose, the entire 1065 acre property is being purchased and held in
public trust. Two hundred sixty acres are being acquired in fee-simple title by the
MROSD and the remaining 805 acres is being purchased by the Peninsula Open Space
Trust (POST). The purchase price is $15 million and a $10 million loan has been
obtained by POST. This acquisition is the result of a 20-year effort to publicly acquire
the property. Numerous individuals and environmental advocate groups from
throughout the County support the purchase. Both MROSD and POST should be
commended for their accomplishment and I suggest the Board of Supervisors, on your
recommendation, acknowledge the acquisition with a resolution or some other form of
public recognition.
Attachments
cc: Each Member of the Board of Supervisors
Craig Britton, General Manager, MROSD AUG 2
Pa u lsfi les/bearcreek/a mw
Board of Supervisors Donald F. Gage, Blanca Alvarado, Pete Mcf-lugh,JarnesT Beall Jr.,S.Joseph Simitian
county Executive: Richard witteriberg so's
Regional Open fAace
-------------------- __ 1
1_
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Acquisition of Bear Creek Redwoods Open Space Preserve
On March 10, 1999 the Midpeninsula Regional Open Space District Board of Directors approved an
agreement with the Arlie Land and Cattle Company for a lease and purchase option arrangement for the
1,065-acre former Alma College property in the Los Gatos hills across from Lexington Reservoir. Under
the terms of the deal, the District paid Arlie $10 million for a nine-year lease and purchase option for the
805-acre "upper" property. The District also obtained an option to purchase the remaining 260-acre
"lower" area of the property for an additional $15 million(the area that is proposed for a cluster
development of up to 50 homes, a golf course, and amenities), making a total cost of$25 million
(including $10 million already paid for the upper property). The lower property option was set to expire
on June 30, 1999, so the District needed to obtain funding for the remaining $15 million as soon as
possible.
The District Board was able to contribute an additional $5 million(for a total District contribution of
$15 million) as a result of new, favorable financing opportunities and an increase in tax revenues
attributable to a strong real estate market. Thankfully, Peninsula Open Space Trust(POST) agreed to
borrow commercially and contribute $10 million to the deal, thus covering the entire cost of the
purchase. The District will take title to and manage the 260-acre lower property, while POST will take
title to the 805-acre upper property. The District entered into a lease agreement with POST under which
the District also has agreed to manage the upper property. The District continues to aggressively pursue
$5 million in State grant funds that would offset some of POST's borrowed contribution, and POST is
working to obtain $5 million in private donations to complete the funding gap.
This property has been a high priority for preservation for at least the last 22 years. Unfortunately, it has
always been out of reach, financially, for the District. Now, Peninsula Open Space Trust's agreement to
partner with the District has ensured the permanent preservation of this priceless natural resource.
Working together, the District and POST have acquired and preserved the entire property, which the
District will manage on behalf of the public. Only the$10 million funding gap remains.
Located at the base of the Santa Cruz Mountains to the north of Lexington Reservoir and State Route 17,
this site has long been coveted by open space advocates interested in preserving its natural resources,
wildlife habitats, and public recreational opportunities. It is an approximately 20-minute drive from
downtown San Jose, and within just 30 minutes of several million people living in the greater South San
Francisco Bay area. The site of the former Alma College consists of 1,065-acres of mixed redwood,
Douglas fir, oak, madrone, and grassland.
For the last two decades, efforts have been underway by a number of agencies, including the District, the
State of California Parks Department, Santa Clara County Parks Department, Peninsula Open Space
Trust, Committee for Green Foothills, Greenbelt Alliance, and Friends of Bear Creek Redwoods, to
determine a mechanism for preserving one of the last large, unspoiled, redwood-filled open space areas
in very close proximity to urbanized Santa Clara County.
330 Distel Circle * Los Altos, CA 94022-1404 - Phone:650-691-1200
FAX:650-691-0485 * E-mail: mrosd@openspace,org - Web site:www.openspace.org
Board or Oirectors:Fete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Belly Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton
Regional Open )ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Acquisition of Bear Creek Redwoods Open Space Preserve
On March 10, 1999 the Midpeninsula Regional.Open Space District Board of Directors approved an
agreement with the Arlie Land and Cattle Company for a lease and purchase option arrangement for the
1,065-acre former Alma College property in the Los Gatos hills across from Lexington Reservoir. Under
the terms of the deal, the District paid Arlie $10 million for a nine-year lease and purchase option for the
805-acre "upper" property. The District also obtained an option to purchase the remaining 260-acre
"lower" area of the property for an additional $15 million (the area that is proposed for a cluster
development of up to 50 homes, a golf course, and amenities), making a total cost of$25 million
(including$10 million already paid for the upper property). The lower property option was set to expire
on June 30, 1999, so the District needed to obtain funding for the remaining $15 million as soon as
possible.
The District Board was able to contribute an additional $5 million(for a total District contribution of
$15 million) as a result of new, favorable financing opportunities and an increase in tax revenues
attributable to a strong real estate market. Thankfully, Peninsula Open Space Trust(POST) agreed to
borrow commercially and contribute $10 million to the deal, thus covering the entire cost of the
purchase. The District will take title to and manage the 260-acre lower property, while POST will take
title to the 805-acre upper property. The District entered into a lease agreement with POST under which
the District also has agreed to manage the upper property. The District continues to aggressively pursue
$5 million in State grant funds that would offset some of POST's borrowed contribution, and POST is
working to obtain $5 million in private donations to complete the funding gap.
This property has been a high priority for preservation for at least the last 22 years. Unfortunately, it has
always been out of reach, financially, for the District. Now, Peninsula Open Space Trust's agreement to
partner with the District has ensured the pennanent preservation of this priceless natural resource.
Working together, the District and POST have acquired and preserved the entire property, which the
District will manage on behalf of the public. Only the $10 million funding gap remains.
Located at the base of the Santa Cruz Mountains to the north of Lexington Reservoir and State Route 17,
this site has long been coveted by open space advocates interested in preserving its natural resources,
wildlife habitats, and public recreational opportunities. It is an approximately 20-minute drive from
downtown San Jose, and within just 30 minutes of several million people living in the greater South San
Francisco Bay area. The site of the former Alma College consists of 1,065-acres of mixed redwood,
Douglas fir, oak, madrone, and grassland.
For the last two decades, efforts have been underway by a number of agencies, including the District, the
State of California Parks Department, Santa Clara County Parks Department, Peninsula Open Space
Trust, Committee for Green Foothills, Greenbelt Alliance, and Friends of Bear Creek Redwoods, to
determine a mechanism for preserving one of the last large, unspoiled, redwood-filled open space areas
in very close proximity to urbanized Santa Clara County.
330 Distel Circle . Los Altos, CA 94022-1404 * Phone:650-691-1200
FAX:650-691-04135 a E-mail• mros(W)openspace.org - Web site:www.o[)enspace.org
Board of Dire( ors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane tittle,Nonerre I latiko,Betsy Crowder,Kenneth C.Nilz •General Nim),iger:L.Craig Irtittorl
To
an
ad d. s- to
n....J.Pien,
space
0 Redwood park: Money
will allow purchase of entire
Lexington site off Hwy. 17.
BY PAUL ROGERS
Mercury News Staff Writer
In a historic move to establish a new redwood park
on Silicon Valley's doorstep,the Midpeninsula Regional
Open Space District has received a$10 million contribu-
tion toward a deal that will allow it to buy the old Alma
College property in the hills above Lexington Reservoir.
The open space
district's board is w
scheduled to vote Former
z # Y
tonight on a $25
million purchase Alma „N
plan.If approved as �r College n
expected, the deal property
will create the ��h .•ww... .. s
1,065-acre Bear
,.a
Creek Redwoods
Open Space Pre-
serve along Highw
way 17 south of Los .
Gatos.
The agreement
also would end 20 E
years of battles, ne-
gotiations and law
suits between de- ` 1 Mi
velopers and envi- area
ronmentalists over MERCURY NEWS
the largest piece of
private property remaining in the Lexington Basin.
The property,thick with redwoods and oak trees,and
a habitat for deer, bobcats, red-tail hawks and other
wildlife, was home to a Jesuit seminary from 1934 to
1970.
As recgntly as March, it appeared the district would
be able to buy only part of the site from its owner,Arlie
Land and Cattle Co., based in Eugene,Ore.,because of
funding shortages.
See PARK,Back Page
The site's level grassland hilltops, which offer vistas of the entire Santa Clara Valley, and its rugged
canyons and forested hills are well-suited for low-intensity public recreational use. Its direct access to
Lexington Reservoir County Park and proximity to State Route 17 give it even more potential as a
recreational destination from throughout the Bay Area. Trail connections in the region, including to the
Bay Area Ridge Trail, would be greatly enhanced and would provide new access to thousands of acres
of existing open space lands.
Mature redwood and Douglas fir forests, which are very unusual to find on the bay side of the Santa
Cruz Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique environmental
value. Without successful preservation efforts, these resources would have been depleted and lost
forever for future generations. Another unique feature is the San Andreas Rift Zone,which passes
directly through this property. The associated land forms and geological features could be the focus of
an educational program incorporating an interpretive geology trail. The success of a similar self-guided
trail at the District's Los Trancos Open Space Preserve illustrates the public's great interest in such
programs.
The acquisition of this property enjoys a wide and enthusiastic support from individuals and from the
community of environmental advocates including Friends of Bear Creek Redwoods Regional Preserve,
Committee for Green Foothills, Loma Prieta Chapter of the Sierra Club, Greenbelt Alliance, the County
of Santa Clara, the Cities of Saratoga, Los Gatos, Monte Sereno, Cupertino, and Morgan Hill, the Santa
Clara County Parks Commission, and the Santa Clara County Chapter of the League of Women Voters.
In addition, the Silicon Valley Manufacturing Group has passed a resolution in support of this
acquisition.
The site's level grassland hilltops, which offer vistas of the entire Santa Clara Valley, and its rugged
canyons and forested hills are well-suited for low-intensity public recreational use. Its direct access to
Lexington Reservoir County Park and proximity to State Route 17 give it even more potential as a
recreational destination from throughout the Bay Area. Trail connections in the region, including to the
Bay Area Ridge Trail, would be greatly enhanced and would provide new access to thousands of acres
of existing open space lands.
Mature redwood and Douglas fir forests, which are very unusual to find on the bay side of the Santa
Cruz Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique environmental
value. Without successful preservation efforts, these resources would have been depleted and lost
forever for future generations. Another unique feature is the San Andreas Rift Zone, which passes
directly through this property. The associated land forms and geological features could be the focus of
an educational program incorporating an interpretive geology trail. The success of a similar self-guided
trail at the District's Los Trancos Open Space Preserve illustrates the public's great interest in such
programs.
The acquisition of this property enjoys a wide and enthusiastic support from individuals and from the
community of environmental advocates including Friends of Bear Creek Redwoods Regional Preserve,
Committee for Green Foothills, Loma Prieta Chapter of the Sierra Club, Greenbelt Alliance, the County
of Santa Clara, the Cities of Saratoga, Los Gatos, Monte Sereno, Cupertino, and Morgan Hill, the Santa
Clara County Parks Commission, and the Santa Clara County Chapter of the League of Women Voters.
In addition, the Silicon Valley Manufacturing Group has passed a resolution in support of this
acquisition.
■ PARK
from Page IA
The company planned to sell lots for
about 50 luxury homes and seek county
approval for a golf course.But this week,a
non-profit environmental group, the Pen-
insula Open Space Trust, based in Menlo
Park,took out a$10 million loan to com-
plete the financing package to buy all the
land, eliminating the development entire-
ly.
"We wanted to see the entire property
protected,"said Audrey Rust,president of
the Peninsula Open Space Trust."The deal
that was struck before wasn't going to do
that.It would have allowed up to 54 hous-
es. We thought it was not enough protec-
tion We're thrilled now,even though its a
big risk It's exactly the right thing for us to
be doing."
Since 1977,Rust's organization has pre-
served more than 38,000 fires, including
such prominent sites as Bair Island near
Redwood City,several of the parks along
Skyline Drive and large sections of the San
Mateo coastline. Many of its larger dona-
tions came from computer industry lead-
ers,foundations and outdoor enthusiasts.
Local residents who have fought for
years to keep the land rural were elated by
the news.
"It feels like a home run in the bottom of
the ninth inning,"said Mariquita West,co-
founder of Friends of Bear Creek Red-
woods who has lived in the hills above Los
Gatos for 60 years. "Only two weeks ago,
it seemed hopeless. We were looking at a
very compromised outcome."
Visible to commuters
The land is visible to thousands of mo-
torists as they zoom along Highway 17 ev-
ery day.It is across the highway from the
California Department of Forestry and
Fire Protection's Alma Fire Station and
bounded by Bear Creek Road to the north.
There are about 10 structures on the
land. They include a chapel, library and
classr3om building, as well as some old
cabins.
Craig Britton, general manager of the
Midpenirm& Regional Open Space Dis-
trict,said he expects the property will be
closed to the public for about five years.
During that time, district crews will in-
ventory sensitive wildlife areas and histor-
ic buildings,he said.Some structures will
be torn down; others could be preserved
as visitor centers or retreat facilities.
Britton said the district plans to hold
public hearings to determine appropriate
uses for the property.
The district, formed by voters in 1972,
operates 44,000 acres of open space pre-
serves in a 50-mile swath from Mount
Umunhum south of San Jose to Crystal
Springs Reservoir near Belmont.
Britton said the new Bear Creek Red-
woods park probably will not allow such
things as hunting,motorcycle riding or car
40
the community.They are going to have an
opportunity to enjoy this land.It's a won-
derful property and it will be enjoyed for
generations to come."
Musumeci is a former used-car sales-
camping. It would be suitable,he predict new state park in 1980.Then in 1989,the man who became a multimillionaire after
ed,for hiking,picnicking,some fishing and Jesuits sold the property to Stanley Ho,a winning a Idgh-stakes computer lawsuit in
possibly mountain biking and horse riding billionaire casino tycoon from Hong Kong. 1985.That year,an Alameda County Supe-
- the latter two uses are allowed on Three years ago, Ho sold it to Arlie Land rior Court jury awarded 20 percent of the
about 75 percent of the district's pre- and Cattle Co. stock in ComputerLand, an electronics
serves. In between, Los Gatos developer Pete chain, to an investment group he had
"Since Day One,this has always been a Denevi applied to build a golf course,driv- formed The dispute had flared over a
No. 1 priority," ing range and promissory note that had bankrolled the
said Britton, be It's tragic (the health club on the company in its early years.
cause of (the ` s e preserve Site. But he was On Friday, Musumeci said he paid $18
park's) size and turned down in million for the Alma College land.It was fi-
proximity to San plan). �t 1S prettier 1996 by Santa Cla nanced, he said, in part by the previous
Jose's 800,000 peo- ra County supervi- owner,Ho.
ple. tim a golf course? sors after environ- Under the pending deal, the Peninsula
"rm ecstatic,- mentalists mount- Open Space Trust will pay$10 million to
Britton said. "This It's eerta"y prettier ed a fierce buy the tipper 805 acres of the property,
is thrilling. I've challenge, saying heavily wooded with second-growth red-
walked this prop- than that (Jjy grass.' the course would woods.The group will then lease the land
erty since the late harm the rural to the open space district,which will man-
1970s trying to fig- —Developer Pete Denevi character of the ar- age it
ure out ways to ea and potentially If, after five years, the non-profit land
preserve it, but it contaminate the trust is able to raise $10 million from pri-
was always out of our reach until now." reservoir. vate and public sources to pay for the
For years, the land kept slipping On Friday, Denevi said he was disap- three-year loan,it plans to donate the land
through the fingers of parks districts and pointed with the outcome. to the district.
environmental enthusiasts. Sacramento "It's tragic,"he said."What is prettier on The district will pay$15 million for the
officials had put it on a list for a potential this Earth than a golf course?It's certainly lower portion— worth more because of
its development potential.
Logging complications
One complication remains, however.
Santa Cruz County logging company Big
Creek Lumber owns rights to log red-
woods in the upper 805 acres. And al-
though state law allows the company to
cut only about half the trees,Rust and oth-
er environmentalists say they will seek
ways to buy those rights, worth about$5
million,to prevent any future logging.
prettier than that dry grass up there now." Some observers and public officials had
Denevi said he spent$1.7 million in real looked to the David and Lucile Packard
estate options,legal fees and environmen- Foundation to help pay part of the cost
tal studies. But the Los Altos-based foundation de-
"I've lived in the community for 73 clined, saying the land didn't meet its ob-
years,"he said."I tried to do everything by jectives—in large part because it focuses
the law. The environmentalists came out on larger, more rural parcels. Last year,
with ridiculous charges against me. The the;foundation spent $49 million to pre-
environmentalists are in control. And it's serve more than 154,000 acres of open
too bad.Property rights should have some space and wildlife habitat across Califor-
bearing on it We paid taxes. But it was a nia.
political thing and we lost." "There are too many projects for us to
Denevi and his business partner,builder do every one," said Kathy Tryce, a pro-
Barry Swenson, last year sued Arlie Land gram associate with the Packard Founda-
and Cattle Co.,alleging that the company tion's conservation program. "But we're
had unfairly dropped an option for the golf • glad it's happening."
course. That suit still is pending, but a
judge has ruled it cannot affect the owner- IF YOU'RE INTERESTED
ship of the property. The board of the Midpeninsula Regional
.Open Space District will vote on the pur-
Owner happy with outcome chase of the old Alma College property at
7:30 tonight at its headquarters,at 330 Dis-
John Musumeci,representative for Arlie tel Circle,Los Altos.For more information,
Land and Cattle Co., $Md+� is pleased call the district at(650)691-1200.
with the pending sale.
"I think that it's a hell of a bargain for Contact Paul Rogers at progers@
them," he said. `rm`very, very happy for sjmerrwry.com or(408)920-5045.
the community.They are going to have.,
Opportunity to enjoy this land. It's a wo
derful property and it will be er joyed f
generations to come."
Musumeci is a former used-car sal(
camping.It would be suitable,he predict- new state park in 1980.Then in 1989,the man who became a multimillionaire aft
ed,for hiking,picnicking,some fishing and Jesuits sold the property to Stanley Iio,a winning aldgh-stapes computer lawsuit
possibly mountain biking and horse riding billionaire casino tycoon from Hong Kong. 1985.That year,an Alameda County Sup
— the latter two uses are allowed on Three years ago, Ho sold it to Arlie Land rior Court jury awarded 20 percent of tj
about 75 percent of the district's pre- and Cattle Co. stock in ComputerLand, an electrord,
serves. In between, I.os Gatos developer Pete chain, to an investment group he h:
"Since Day One,this has always been a Denevi applied to build a golf course,driv- formed. The dispute had flared over
No. 1 priority," ling range and promissory note that had bankrolled tl
said Britton, be- i It's tragic (the preSerVe 'health club on the company in its early years.
cause of (the site. But he was On Friday, Musumeci said he paid $
parks) size and turned down inmillion for the Alma College land.It was
proximity to San plan) wrL at rettier• p 1996 by Santa Cla nanced, he said, in part by the previoi
Jose's 800,000 peo- m County supervi- owner,Ho.
ple. . . . thmi a golf course? sors after environ- Under the pending deal, the Peninsu
"I'm ecstatic," Ifs
mount- Open Space'hest will pay$10 million
Britton said. "This Its certainly prettier ed a fierce buy the upper 805 acres of the propert
is thrilling. I ve challenge, saying heavily wooded with second-growth re
walked this prop- than that (Iry grass. the course would woods.The group will then lease the lw
erty since the late harm the rural to the open space district,which will ma
1970s trying to fig- character of the ar- age it.
ure out ways to —Dl��er Pete Denenn ea and potentially If, after five years, the non-profit Iai
preserve it, but it contaminate the trust is able to raise$10 million from p�
was always out of our reach until now." reservoir. vate and public sources to pay for tl
For years, the land kept slipping On Friday, Denevi said he was disap- three-year loan,it plans to donate the lau
through the fingers of parks districts and pointed with the outcome. to the district.
environmental enthusiasts. Sacrarinento "It's tragic,"he said."What is prettier on The district will pay$15 million for tl
officials had put it on a list for a potential this Earth than a golf course?It's certainly lower portion—worth more because
its development potential.
Logging complications
One complication remains, howev(
Santa Cruz County logging company B
Creek Lumber owns rights to log re
woods in the upper 805 acres. And
though state law allows the company
cut only about half the trees,Rust and of
er environmentalists say they will sec
ways to buy those rights, worth about
million,to prevent any future logging.
prettier than that dry grass up there now." Some observers and public officials h
Denevi said he spent$1.7 million in real lookel'.tt the David and Lucile Packai
estate options,legal fees and environmen- Foundation to help pay part of the coy
tal studies. But the Los Altos-based foundation d
"I've lived in the community for 73 clined, saying the land didn't meet its 6
years,"lie said."I tried to do everything by jectives in large part because it focus<
the law. The envirommentalists came out on larger,'more rural parcels. Last yeti
with ridiculous charges against me. The the;fodridation spent $49 million to pr
environmentalists are in control. And it's serve more than 154,000 acres of op(
too bad.Property rights should have some space and wildlife habitat across Califs,
bearing on it. We paid taxes. But it was a nia.
political thing and we lost" "There are too many projects for us
Denevi and his business partner,builder do every one," said Kathy Tryce, a pr
Barry Swenson, last year sued Arlie Land gram associate with the Packard Found
and Cattle Co.,alleging that the company tion's conservation program. "But we'i
had uunfairly dropped an option for the golf • glad it's happening."
course. That suit still is pending, but a judge has ruled it cannot affect the owner- IF YOU'RE INTERESTED
slip of the property. The board of the Midpeninsula Regional
,Open Space District will vote on the pur-
Ownerhappy with outcome chase of the old Alma College property at
7:30 tonight at its headquarters,at 330 Dis
.John Musumeci,representative for Arlie tel Circle,Los Altos.For more information,
Land and Cattle Co., said:'3ie is pleased call the district at(650)691-1200.
with the pending sale.
I think that it's a hell of a bargain for Contact Paul Rogers at progeni?
them," he said. `Tni'very, very happy for 40;ercuMcomor(408)920-5045.
RicHARDGoRDoN
Board of Supervisors
County of San Mateo
July 27, 1999
Mr.Ken C.Johnson
401 Beach Avenue
Half Moon Bay,CA 94019
Dear Mr. Johnson,
This letter is written in response to your letter of June 22, 1999,concerning a proposal to form a new Coastside Open Space and
Agriculture District pursuant to the provisions of the Regional Park,Park and Open-Space,and Open-Space District Act,Public
Resource Code sections 5500 et. seq.
I asked County legal staff to explore the requirements for the formation of a new district. I was first informed that the Board of
Supervisors cannot initiate an effort to create such a district. Any proposal to form such a district must be initiated by a petition
signed by 5,000 registered voters in the proposed district.
County Counsel also looked at whether the formation of such a district is legally feasible in the first place. I have been informed
that under Public Resource Code Section 5502,the formation of a new district requires one of the following:
1. Inclusion of either three or more cities along with land in the unincorporated area
or
2. Inclusion of one city along with unincorporated land if the total population in the proposed district is at least 50,000.
Since the coastside area not presently included in the Midpeninsula Regional Open Space District includes only two cities:Half
Moon Bay and Pacifica,it seems that the area would not qualify under the first requirement.
I have been informed by County staff that the population of the coastside,from south of Pacifica to the Santa Cruz County line,
is only around 25,000. This means that the area would not qualify under the second requirement.
Based on the legal requirements applicable to the formation of a new district,and the apparent lack of an adequate population
to meet these requirements,it appears that the proposal you have suggested would not be viable. I appreciate your efforts to find
an alternative to the present discussions related to Midpeninsula Regional Open Space District and your interest in preserving
open space on the coastside.
Sincerely,
Richard Gordo
cc: Members,Board of Supervisors J U L 3 Q
Tom Casey,County Counsel
Craig Britton,MROSD
OF $��
a a
County Government Center U . c Direct (650) 363-4569
401 Marshall Street bD Coastside (650) 573-2222
Redwood City, CA 94063 Fax (650) 599-1027
Regional Open ace
1
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 28, 1999
Honorable Don Gage
Member, Santa Clara County Board of Supervisors
70 West Hedding Street, IOth Floor
San Jose, CA 95110
Attention: Jenny Midtgaard, Land Use Policy Aide
Subject: Support for District Grant Request - TEA-21
Dear Supervisor Gage:
Thank you for taking the time last Tuesday to meet with me and Malcolm Smith
regarding Midpeninsula Regional Open Space District issues. It was a pleasure meeting you and
bringing to your attention a few items of mutual interest.
As I mentioned, the District is seeking a TEA-21 grant, administered through the Valley
Transportation Authority, for the acquisition of the "upper" portion of the former Alma College
property (currently owned by Peninsula Open Space Trust). This acquisition is necessary in order
to convey fee title to the District for the entire 1,100 acres, thus assuring permanent protection,
preservation, and management of these irreplaceable open space lands. We are also aggressively
pursuing State grant funds, and Peninsula Open Space Trust is actively seeking private donations
in order to supplement the money necessary to acquire this land. Through a combination of
District funds, private donations, and State and local grant funds, this acquisition could be a great
illustration of a partnership based on the mutual objective of preserving open space in close
proximity to the urbanized South Bay.
The purpose of the TEA-21 grant program is to provide funds for transportation-related
capital improvement projects that enhance the quality of life by improving both transportation
choices and the environment in and around transportation facilities, such as State Highway 17
and Bear Creek Road, a County scenic roadway. Two categories of this program are appropriate
for this project: facilities for pedestrians and bicycles, and acquisition of scenic easements and
scenic or historic sites.
Acquisition and preservation of this area will clearly provide a great many pedestrian
opportunities, especially in light of the trail connections that will be made with other public
lands, including Lexington Reservoir County Park. As a scenic backdrop to parts of Highway '17
and Bear Creek Road, this acquisition will enhance the transportation facilities and provide the
public with a direct connection to nearby open space. Providing the unique recreational
experience of hiking through redwoods close to the urbanized south bay, will eliminate the need
for visitors to drive long distances to hike among redwood trees, thereby meeting further the
criteria for the VTA grant. Our grant request is for$500,000, out of an overall purchase price for
the property of$25 million.
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX: 650-691-0485 . E-mail mrosd@openspace.org . Web site:www.openspace.org
Bo,ud w Oirectors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz .General M,m,?,,vr:L.Craig Britton
July 28, 1999
Honorable Don Gage
Page -2-
Located at the base of the Santa Cruz Mountains, north of Lexington Reservoir and State
Route 17, this site has long been a high priority for the preservation of its natural resources,
wildlife habitats, and public recreational opportunities. It is also a top priority in the Santa Clara
County 2020 plan. It is an approximately 20-minute drive from downtown San Jose, and within
just 30 minutes of several million people living in the greater South San Francisco Bay area. The
site's level grassland hilltops, which offer vistas of the entire Santa Clara Valley, and its rugged
canyons and forested hills are well-suited for low-intensity public recreational use. Mature
redwood and Douglas fir forests, which are very unusual to find on the bay side of the Santa
Cruz Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique
environmental value.
Its direct access to Lexington Reservoir County Park and proximity to State Route 17
give it even more potential as a recreational destination from throughout the Bay Area. Trail
connections in the region, including to the Bay Area Ridge Trail and the Los Gatos Creek Trail,
would be greatly enhanced and would provide new access to thousands of acres of existing open
space lands.
I think you'll agree that the acquisition by the District of this entire property is of great
benefit to the public both locally and regionally. Grant funds from the TEA-21 program will help
the District to finalize the permanent preservation of this property for future generations.
I have attached draft language for a Board of Supervisors resolution of support for the
award of the TEA-21 grant funds to the District for this acquisition. I hope that you will be able
to bring this item to the full Board for its consideration at your earliest convenience.
Please don't hesitate to contact me or Malcolm Smith if you require further information
on this or any open space project. We sincerely appreciate your support of this acquisition, and
of open space preservation for the public benefit.
rncerel j9
L. Craig ritton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Honorable Joe Simitian
Jenny, I've provided a lot more "Whereas's" than you'll need, so feel free to choose and/or combine the ones that
you feel are most appropriate. I've put an asterisk next to those that I feel are necessary. Let me know if you
need any additional information.
--malcolm
*Whereas, The 1,100-acre property of the former Alma College, located adjacent to State Highway 17 and Bear
Creek Road, a County scenic roadway, has incredible and unprecedented potential as nearby open
space, as wildlife habitat including that for mountain lion, deer, bobcat, raptors, and many others, as a
redwood tree preserve, and as a public low-intensity recreational use area; and
Whereas, Preservation of this property has been a goal of local and regional environmental groups for over two
decades, based on the land's unique character, abundant second-growth redwoods, wildlife habitat,
mixed forests, and proximity to the urbanized South Bay; and
*Whereas, This property is listed as a top preservation priority in the Santa Clara County 2020 plan; and
*Whereas, The property's direct access to Lexington Reservoir County Park and proximity to State Route 17
give it great potential as a recreational destination from throughout the Bay Area, and its preservation
will greatly enhance trail connections in the region, including to the Bay Area Ridge Trail and the
Los Gatos Creek Trail, thus providing new access to thousands of acres of existing open space lands;
and
Whereas, The State of California recognizes the regional and state-wide significance of this property as a
priority for preservation and has concluded that its preservation would be of great public value and
benefit; and
Whereas, The full acquisition of this property enjoys a wide and enthusiastic support from individuals and from
the community of environmental advocates including Friends of Bear Creek Redwoods Regional
Preserve, Committee for Green Foothills, and Greenbelt Alliance, as well as the Cities of Saratoga,
Monte Sereno, and Cupertino, the Santa Clara County Parks Commission, and the Silicon Valley
Manufacturing Group; and
Whereas, The Midpeninsula Regional Open Space District (MROSD) was recently able to acquire the "lower"
260 acres of the former Alma College property for$15 million; and
Whereas, Peninsula Open Space Trust (POST)has borrowed commercially and contributed $10 million to
purchase the "upper" 805 acres of this property; and
*Whereas, In order to ensure the permanent preservation of this invaluable property, the District must hold title
to both the "lower" and "upper" properties, and therefore intends to acquire the "upper" portion from
POST; and
*Whereas, Acquisition of this area will provide many pedestrian opportunities, through trail connections that
will be made with other public lands; and
*Whereas, This acquisition will enhance the nearby transportation facilities with an unspoiled, scenic backdrop
and provide the public with a direct connection to nearby open space, while providing the unique
recreational experience of hiking through redwoods close to the urbanized south bay, thus eliminating
the need for visitors to drive long distances to hike among redwood trees, and thereby reducing the
number of automobile trips taken; and
*Whereas, In addition to aggressively pursuing State grants for this acquisition, the District is seeking a
$500,000 TEA-21 grant, administered by the Valley Transportation Authority in the "facilities for
pedestrians and bicycles, and acquisition of scenic easements and scenic or historic sites" categories.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Santa Clara does
hereby endorse and support the grant application of the Midpeninsula Regional Open Space District to the
Valley Transportation Agency for a TEA-21 grant in the amount of$500,000 to purchase the "upper" portion of
the former Alma College property as an addition to the Bear Creek Redwoods Open Space Preserve.
Regional Open , ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M E M 0 R A N D U M
DATE: July 27, 1999
TO: Staff Involved in Russian Ridge Controlled Bum
CC: Members, Board of Directors
FROM: Craig
C111
RE: Thank Yo I
From all reports, the controlled bum at Russian Ridge yesterday was an
astounding success. Congratulations on a job very well done!
I want to thank each of you involved in carrying out this project -- everyone did a
fantastic job. I visited the northern end of the site for a short time around 12:30,
and all aspects of the bum seemed to run like clockwork. It was a very smooth
operation, and I want to commend all of you for your great work.
Your professionalism and high level of skill were apparent in every area of the
project -- planning the bum, working and coordinating with CDF and other
agencies, creating fire breaks and blacklining, accommodating Board member
visits to the site, monitoring smoke, and of course assuring public safety by
staffing entrances and being ready for traffic control. You were (and are!) all a
credit to the District, and I'm sure that the other agencies involved were very
impressed.
Thank you again for your excellent work on this project.
3W Distel Circle - lw,Altos, CA 94022-1404 Phone: 07)0-01)1-1200
FAX: 050-091-048 - E-mail: iiir()s(]((-,)of)eiisl),i(e.org Web site:�NAvw.ope1111p11(('.()rg ✓
8o770iroi—tot"Pete"—winerl"—"1(Ir\ ( ( Jed—( vi, I)emw Little, Nonette Hmiko, Betsy ( tomier, Kenneth( Nit/ 1'onot,?l ei raw;Britton
Regional Open -, , ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M E M O R A N D U M
DATE: July 27, 1999
TO: John,Mary, Jodi, Paul, Sango, Dennis, Loro,
Jennifer, Malcolm, Kristi, Warren, Linda
CC: Members, Board of Directors
FROM: Craig
RE: Thank you for yo r great work
Even though the turnout was low for the CAC tour of District lands, I want to
commend all of the staff involved for the excellent job you did.
I was very proud of the high level of professionalism and skill that each of you
exhibited. It's truly unfortunate that there weren't more participants on the land
tour. However, that didn't reduce your enthusiasm for your jobs, and your
willingness to present the District in the best way possible. It was truly a pleasure
to work with all of you on this project.
Thanks again for a job well done!
30 Distel Circle « Los Altos, (A 94022-1404 * Phone: 650 691-1 200
FAX: 650-691 0485 . F-mail: mros<1r++>openspace.org * Web site:www.openspa(e_org
Hoard of I)ircoors Pete siemens, Vary C Davey, led Cyr,Deane Little,Nonette Hanko, Betsy Crowler, Kenneth C. Nitz .CnvUeral h9arlar;er L.0r,iig Britton
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Intraoffice Memorandum
July 20, 1999
To: Craig Britton, General Manager
From: Paul McKowan, Volunteer Coordinator
Subject: Volunteer Trail Patrol Activity Summary
From: 4/1/99 To: 6/30/99
VIOLATIONS OBSERVED
PRESERVES A&
TOTAL PATROL HOURS
Coal Creek (19) 1 3 4
El Corte de Madera (8) 6 6
Fremont Older (63) 11 6 8 7 1 33
La Honda Creek (7)
Long Ridge (57) 5 2 1 8
Los Trancos (1)
Monte Bello (21) 1 1
Pulgas Ridge (37) 1 1
Purisima Creek (9) 1 1
Rancho (311) 2 4 6
Russian Ridge (10) 2 1 1 4
Saratoga Gap (5) 1 1
Sierra Azul (10) 12 12
Skyline Ridge (11)
St. Joseph's Hill (22) 2 23 1 8 34
Windy Hill (73)1 1 1 25 1 1 25
TOTAL VIOATIONS 20 50 21 42 2 1 136
PER VIOLATION TYPE
PERCENTAGE OF 15% 37% 15% 31% 1% 1% 100%
TOTAL VIOLATIONS*
Total Violations Observed: 136
Total Patrol Hours: 664
Average Patrol Hours Per Week: 51
*Violations of this type as a percentage of the total number of violations observed
**Other Violations (Equestrian Speeding-Fremont Older)
Los Gatos Weekly Times
Letters to the Editor
July 14, 1999
Turning Alma College into open space is great!
I would like to congratulate the Midpeninsula Open Space
District for purchasing the former Alma College property.
As a Boy Scout, I am sure that I will enjoy hiking in this
area with fellow scouts.
When greedy people try to buy nature, and develop it into
golf courses and luxury homes, one wonders if these
people are truly sane. I mean, nature is far more important
than golf.
I am a golfer, but I have respect for nature, too. I would
not dream of building a golf course in the midst of Mother
Nature's great kingdom.
Congratulations to all the environmentalists who made this
purchase possible.
Sam Richards, age 11
BSA Troop 501
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This Week In Washington with Congressman Tom Campbell
(Week of 7/15/99)
House Passes Campbell Amendment Restoring Funds
to Land and Water Conservation Fund
-369 Words-
During this week's consideration of the FY2000 Interior Appropriations bill,I'm
pleased to report that this week the House of Representatives passed an amendment offered by
Congressman Jim McGovern and myself that would fund the state-side grant program of the
Land and Water Conservation Fund at$30 million—the first time this program has been funded
since 1995. The state-side matching grant program was designed to allow Congress to provide
matching funds to states so they would have the ability to address local and regional conservation
and recreation needs. Our amendment will be offset by cutting the Department of Energy's fossil
fuel research and development account by a commensurate amount.
In 1964,Congress created the Land and Water Conservation Fund with one simple idea:
money collected from oil drilling would go to acquire and preserve public lands. Recently,for
example,,money from this fund has gone toward preserving the ancient redwoods in the
Headwaters Forest.
However,each year Congress and the President have raided this fund for projects totally
unrelated to land acquisition. The fund collects almost one billion dollars is collected every year;
but less than 20 percent goes to its intended purpose(this year only$205 million has been set
aside for federal land acquisitions). The rest goes into the general find for all kinds of
government spending or be used to mask the size of the deficit. Even worse,the state-side
funding has been nearly eliminated.
Over the last 35 years,grants from the state-side program have successfully funded over
37,000 state and local park and recreation projects across our country. I have seen firsthand the
good that this program can do,and our own Bay Area has dozens of city and county parks and
open space preserves that have benefited from this money. Under the state-side matching grant
program,a 50-50 match to states is provided and each state is eligible for up to$2 million to
protect and preserve open space and recreation areas under a set formula_
Restoring these fiutds is a small step toward keeping the promise of the Land and Water
fund. That way,we'll leave clean water,beaches,forests,and parks as something for future
generations of Americans to enjoy.
Congressman Tom Campbell Represents the 15th District of California.
eMNTEV ON RECYCUO PAPER
July 1, 1999
Dear Board Members:
First, we'd like to congratulate you on the pending acquisition of the land for the Bear
Creek Redwoods Open Space Preserve. Creating the Preserve has been a long battle
indeed, and would not have happened without the countless hours and tireless effort
you people put into it. We're very much impressed by your perseverance in the face of
long odds. You have done a wonderful thing!
Second, we'd like to thank you for allowing us to continue operating Bear Creek Stables
during the planning stages of the Preserve. Having ridden the site's roads and trails for
many years, we have come to love the area very much, and we're grateful for the
opportunity to continue our trail rides through the hills and woodlands.
We will do everything we can to assist the Open Space District as the Preserve comes
into being. Please let us know what we can do to help. We're already accustomed to
spotting and reporting trespassers, removing litter, clearing fallen trees from trails,
mending fences, and so on, and would be happy to continue these activities and
anything else that would help keep the Preserve in good shape.
We will also be glad to help with fundraising efforts.
Thanks again for all your work, and for thinking of us.
I
Yours Truly,
Glenda Smith, Stable Manager
Erfert Fenton, Assistant Manager
ERN I
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