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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 Rd- 0.6 �p� 3 '"� _ Proposed Trail d �' - yc She�do�Ra Sheldon Road License m 2oM1 .' \ �'� • � V I m A �� zzoo �__ �� Map Legend :! 0.5 ewn Cate(trs 240.\ 0.1 1600 *�,N ® '-0 O — 2 Trail Distance in Miles ;� p 1.3 taoo (L%Q 0.4 0.5 \\\ 22oo tsoo Creek 2qW taco that,.:. -- t tzW 1000 Roadside Parking 0.3 2400 1.3 iM31 r Other Public Lands SANBORN SKYLINE COUNTY PARK tY } T. No Public Entry J��SEPHi' P.,­J....L—d rated,. CHILD O.S.17 P. G7 For trail Sky ion,refer to a OrPy'' Y ne Y y —� LEXINGTON trails map. jv �'/ • °ay ESERVOFR L- COUNTY.PAR a Rd. 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 05) U > r 9 C" tEs(t,) �� N a 0.6 okRd- 0 r � i,,•.. Proposed Trail Sheldon Road License 61 • .LT77 / Map Legend / H Gate(as) (Eso2) CCC 1.0 �® fi 0.1 1800 1.2 \ � Trail Distance in Miles 1600 Creek 0.5 ( ; t 1400 1600 `, Roadside Parking 1200 1�000 SE:1 1.3 Other Public Lands El No Public Entry Private ur L--d Land, l ` CCU � �, ( :•� i J i SEPHI'S HJLLL l .S. 17 LEXINGTON RESERVOIR ti, dOr NTY PARK 1 `age Rd. 6� P � 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 =�� - .�tom, •..�„ 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 SYLVIA•Nicole Hollander 4 HAT" y MoO rum- 4 a �vpt. ri�Nc,A BAr 4 =DO �oNG• s clai vS two lJr1$reLLA r � $ecAVS¢ AN VMBt'et�.A Looks � ANO A S Hv►rry, wl-0• whCYs Are bye A%ior{vrlKey+o I U -terrorii�Ncr +ourists SerrA• ftt A��rKey... wKery you ry A+A CpUFoIwIA StAte oeeN As Apse -�ioN 04 MY I � pArK.H KerS Are AV- - f<Ke slrvftlNU, AMP s he MOON COAt• V,Sep+o`Arry A +hey W-K g Fu lArbe ofF F. unaYell,A... - S �by�N ill � 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 TOM CAMPBELL ten` WASHINGTON OFFICE: 15TN Damcr,CAL-,CWNM - 2442 RArbuRN Buwo:No f WASHINGTON,OC 20515 COMMIRTTjE ON BANKING r. Pow:UO2)225.Ml AND FINANCIAL SERVICES Frx: (202)22S 6M $ hup 9-1—pbe), ix,.wc,.c DISTRICT 4FIFICE- .Nn CONSVW-c", mo%n"eK � ,,K,r t 8i0 -MI* ,CA950TE1C t ongre g of the nfteb tate� Cow 4W)3 PNf}NE7(60G#77i-T3ST f": (406)37 .7925 COMMITTEE ON INTEMATIONA ous;e of f4prPf Matibes Gf1L!(ATgNK Em•i,-w Po<cr .we T4eoc 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 QUL Z. y