HomeMy Public PortalAbout20010314 - Agendas Packet - Board of Directors (BOD) - 01-07 Regional Open ,Opce
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-07
REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:30 P.M.
Wednesday, March 14, 2001
330 Distel Circle
Los Altos, California
AGENDA*
7:30 ROLL CALL
** ORAL COMMUNICATIONS— Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR— P. Siemens
*** ADOPTION OF WRITTEN COMMUNICATIONS
*** APPROVAL OF MINUTES
■ December 20 2000
BOARD BUSINESS
7:40* 1 Adoption of the Site Selection Criteria for Future Bench Locations on District Open Space
Preserves - D. Vu
7:55* 2 Proposed Addition of the Lobner Property to Monte Bello Open Space Preserve; Determine
that the Recommended Actions are Categorically Exempt from the California Environmental
Quality Act as Set Out in this Report; Adopt the Attached Resolution Authorizing Purchase of
the Lobner Property; Tentatively Adopt the Preliminary Use and Management Plan
Recommendations, Including Naming the Property as an Addition to Monte Bello Open Space
Preserve; Indicate Intention to Withhold the Property from Dedication as Public Open Space -
M. Williams
8:05* 3 Adoption of the Action Plan for the Implementation of the District's Basic Policy for Fiscal
Year 2001-2002 - C. Britton
8:20* 4 Initial Presentation of the Budget for Fiscal Year 2001-2002; Review the Proposed Budget for the
2001-2002 Fiscal Year-C. Britton
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 ftn=�] ®. *
Boars!of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hasse",Kenneth C.Nitz -General Manager:L.Craig Britton
Meeting 01-04 Page 2
*** 5 Appoint Macias, Gini and Company as the District's Auditors for the Fiscal Year 2000-2001
and Authorize the General Manager to Execute the Engagement Letter Agreement in the
Amount of$14,800- C. Britton
*** 6 Authorize Staff to Contract with Executive Search Firm of Wilcox, Miller and Nelson to Assist
with the Filling of the Administration and Human Resources Manager Position at a Cost Not to
Exceed $20,000- C. Britton
*** 7 Appoint Lisa Zadek as Acting District Clerk - C. Britton
*** 8 Adopt Resolution Terminating the District's Agreement with the California Pooled Investment
Authority - C. Britton
*** REVISED CLAIMS
8:50* INFORMATIONAL REPORTS - Brief reports or announcements concerning pertinent activities of District
Directors and staff
9:10* ADJOURNMENT
* 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 three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
*** All items on the consent calendar may 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.
f
Regional Open !,g p _ ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
SPECIAL MEETING
BOARD OF DIRECTORS
December 20, 2000
MINUTES
I. ROLL CALL
President Ken Nitz called the meeting to order at 7:31 P.M.
Members Present: Jed Cyr, Mary Davey,Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens (arrived 7:38 p.m.)
Members Absent: None
Staff Present: Craig Britton, S. Schectman, Duncan Simmons, Cathy Woodbury,
John Maciel, Thomas Fischer, Matthew Freeman, Michael Williams, Del Woods,John
Cahill, Stephanie Jensen
II. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, read a letter concerning the coastal
annexation.
N. Hanko stated that the Board could not respond to accusations at this time. Decisions haven't
been made and H. Hauessler's conclusions are not stating the facts.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and
the motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
K. Nitz asked a questions about Revised Claims regarding the Visa bill.
Motion: M. Davey moved that the Board adopt the Consent Calendar, including
agenda item 6,Proposed Settlement of Claim for Damage to District
Property at Purisima Creek Redwoods Open Space Preserve,• Determine
that the Recommended Actions are Categorically_Exempt from the
California Environmental Quality Act(CEQA); Adopt the Resolution
Authorizing`the President to Execute the Release and Settlement
Agreement with State Farm Insurance for the Claim of Damages to
District Property upon Payment of$90,000.00; and Revised Claims 00-21.
L. Hassett seconded the motion. The motion passed 7 to 0.
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 *—t=D a—.9E T
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •Genera!Manager:L.Craig Britton
Meeting 00-35 Page 2 ,
V. BOARD BUSINESS
A. Agenda Item No. I —Final Recommendations from the Ad Hoc Trail Use
Committee (Directors Little, Hanko and Cyr); Determine that the Recommended
Actions are Exempt from the California Environmental Quality Act(CEQA)•
Accept the Ad Hoc Trail Use Committee's Recommendations- (Report R-00-
155 .
M. Freeman indicated that staff sent out over 2,000 notices about this item, and
received only four responses.
C. Britton clarified that the low response to the notice was due to a clear
understanding that the Board would be following through on the Ad Hoc
Committee's recommendations.
M. Freeman presented a PowerPoint presentation, and stated that Russian Ridge
and Windy Hill are the only preserves to have dedicated segments of the Bay
Area Ridge Trail that are closed to bicycles where there are no alternatives.
Russian Ridge is fairly straightforward in terms of providing access to bicycles.
M. Freeman stated that the Ridge Trail was fairly level with a gentle grade. There
is plenty of line-of-sight and room for cyclists to hop off the trail and make room
for hikers or equestrians to pass. It is a very scenic trail, and is in good shape.
The Ad Hoc Committee felt this issue should go to staff for the purpose of
preparing this amendment to allow bicycles. By going through the Use and
Management plan amendment process, staff could provide an opportunity for the
public to give input.
The situation at Windy Hill is more complex. The Bay Area Ridge Trail follows
Lost Trail and is closed to bicycles for its entire length. There was some concern
expressed by staff that opening the Lost Trail to bicycles, would tempt some
cyclists to ignore closures and head down these trails which can lead to more user
conflicts between equestrians and dog users. In addition, there are a number of
alternatives to explore. First, the use of disk line which parallels the Lost Trail
and Skyline Blvd. There are some areas that have experienced slides, but it would
be possible to restore and re-grade the disk line for bicycle use. The Trail Use
Committee directed these issues to Use and Management Committee. The Use
and Management Committee will work closely with staff to further explore each
of these issues and alternatives in more detail. Use and Management Committee
meetings are open to the public so there would be more opportunity for the public
to get involved in that process.
The second amendment issue deals with the idea of bicycle-only trails, including
the possibility of one-way descending trails. Because this is a District-wide
policy issue and it impacts a number of individual preserve plans, the Committee
thought it appropriate to direct this issue to newly chartered Ad Hoc Trail Use
Committee for the sole purpose of exploring this issue and multiple use trails.
Meeting g 00-35 Page 3
D. Little clarified the extension of the Russian Ridge trail does not allow for an
easy outlet for bicycles to get to Skyline Blvd.
N. Hanko hoped the Use and Management Committee will keep an open mind on
how to obtain access along the skyline ridge where the part of the trail is south of
the Windy Hill parking lot. N. Hanko would prefer to see the Committee look at
options on other side of Skyline Blvd. which would mean negotiating with the
Audubon Society.
D. Little stated that they would like to hear from bike community and the
community at large regarding the issue of bike-only trails. In the beginning he
felt that there was some support, but later heard that the support was equivocal,
thus the committee would like to know what is of interest to the constituents.
I
S. Schectman clarified for the Board and the public that the Board was not
making any decisions tonight,just deciding whether to direct staff to evaluate and
return either through the Use and Management Committee or to the Board.
K. Nitz asked why there would be descending-only trails. D. Little clarified that
his original idea was to try to avoid user conflicts, by taking away high-speed
bicycle traffic and giving the cyclists a place to go.
L. Hassett stated that he is in support of the Ridge Trail extending through the
former Norton property all the way to Rapley Ranch Road. There is an
opportunity to get some baseline information on a trail that is in really good
condition, and it would be an interesting study to see how that trail evolves over
time. The District needs to look at the impact of extending that trail, and what it
means on the trailhead for Rapley Ranch Road, and where people are going to
park and other implications associated.
P. Siemens stated he was concerned with one-way down-hill bicycle traffic. He
has heard of other agencies with one-way up-hill bicycle traffic which has been
much more successful. He doesn't feel that the one-way down-hill trails should
be encouraged.
D. Little stated that you can't just let cyclists go up hill, as they eventually must
go downhill; the question is does the District create an opportunity where they can
go downhill without user conflict, as they have to go down eventually.
Rod Brown, 11124 Loa Paloma Drive, Cupertino, President of ROMP,thanked
committee for moving forward with the recommendations. Generally agreed with
staff's recommendations. Get cyclists involved, including members of ROMP.
One addition in spirit of Trail Policy, they talked about equivalent trails, one area
that hasn't been addressed is the Soda Gulch Trail at Purisima, which is a section
of the Ridge Trail, and requested that the Board Committee look at this trail as
well as part of the process.
Meeting 00-35 Page 4
Murray Hartmann, 1231 Regency Place, San Jose, involved with Walt's Cycle
and Fitness. Liked Russian Ridge section recommendation. He is concerned with
Audubon negotiations which could bog down for a period of time. More sense to
open the Lost Trail in the meantime as you negotiate with the Audubon Society,
that way we wouldn't be excluded from any given route. As far as Uphill and
downhill designated trails, Table Mountain is a one-way trail. Suggested
educating hikers of intent to route the bicycle traffic, and that they should take
their own precautions. Downhill is necessary, and not all cyclists are thrill
seekers.
Patty Ciesla, Los Altos Hills, handed out drawings and talked about the potential
of cyclists on Lost Trail and keeping an open mind. Discussed the concept of
"traffic calming" and drew illustrations of"traffic calming" to mitigate concerns
about speeding cyclists using natural materials. Items reduce possible speed
while on trail. (Discussed illustrations.) Post sign with result to enforce proper
use. Avoid cutting new trails. She stated she is not in favor of bike-only trail,
agreed bikes should go to County for high speed. She suggested that the District
should focus on education.
Scott Schlacther, 7161 Via Colina, San Jose, commended the Ad Hoc Committee
for these considerations. Thanked the Ad Hoc Committee for consideration of
one-way trails. Doesn't have to be bicycle only, but the concept of having more
than one trail (ie: parallel trails)would give hikers an alternate to stay off of
bicycle trails. He has seen use of this at parks (in Denmark) and would like to
share his information.
Charles Olgass, Los Altos Hills, stated that Hamms Gulch and Razor Back Ridge
already come out to Skyline, and he isn't sure if by having the Lost Trail would
get anybody to ride those trails.
D. Little stated that he liked Director Hassett's idea of gathering data on changes
of the trail.
C. Britton thought that base-line photography work could be done (although not
scientific), similar to when the District monitors an easement.
Motion: D. Little moved that the Board determine that the recommended
actions are exempt from the California Environmental Quality Act
(CEQA) as set out in the staff report; and accept the Ad Hoc Trail
Use Committee's recommendations as described in the report. N.
Hanko seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2 -Proposed Addition of Fletscher Property to Mt. Umunhum
Area of Sierra Azul Open Space Preserve, Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEQA); Adopt the Resolution Authorizing Approval of the Purchase Agreement
and General Release for Acquisition of the Fletscher Property; Tentatively Adop
the Preliminary Use and Management Plan Recommendations, Including Naming
Meeting 00-35 Page 5
the Property as an Addition to Mt. Umunhum Area of Sierra Azul Open Space
Preserve; Indicate Intention to Withhold the Property from Dedication as Public
Open Space at this Time—(Report R-00-15 8).
T. Fisher gave a PowerPoint presentation showing pictures of the area to be
acquired. The property is 40 acres near the Twin Creek's area; a desirable
addition to the watershed and is valuable scenic area. There are some
improvements on the property which are structures, a trailer, and a spring. The
sellers would stay on the site as a life-estate which is about seven acres; an area
with improvements. Under the Use and Management Plan, staff recommends that
the property remain closed to the public during the term of the life estate. This
project does not have a significant impact on the property and is exempt from
CEQA.
M. Williams discussed the purchase price of$400,000, which includes a
settlement agreement which will resolve disputes concerning a potential land
exchange that was contemplated in a 1989 transaction. As part of this transaction,
Mr. Fletscher would retain a life estate of about seven acres, which is the
improved area, and includes a garden area. He also will reserve access rights to
his property, and water rights which are on the District property. Any new
construction proposed on the property is subject to District design and review
approval. The District can inspect the property twice annually to see that the
restrictions and conditions are met with. The property is being acquired on an
"as-is"basis, and when the life estate does terminate, the District will be
responsible for the clean up of the structures and other belongings on the property,
currently estimated at$20,000.
J. Cyr was curious as to why Seller would agree to remove belongings and not
wait for the life estate to end and have the District remove the items. M. Williams
replied that the Seller believes the belongings have value and may want to sell
them. P. Siemens added that it appears that we are giving him a year to clean
things up so the Seller can take what he wants out of that area. M. Williams
agreed. K. Nitz inquired about the cost to clean up. M. Williams said that the
$20,000 covered the clean up of everything, including the items on District land.
P. Siemens questioned improvements. He noted two double-wide trailers and a
manufactured home and asked for clarification. M. Williams said that it is a
wood-sided structure similar to a trailer.
K. Nitz asked if the Seller was restricted to a certain number of structures. M.
Williams said that he is allowed to put an enclosed porch on his existing trailer,
but any other additions would require District approval. S. Schectman said no
new structures would be allowed without District approval, as would enlarging
existing structures. K.Nitz asked what recourse the District would have for any
illegal building. S. Schectman said that the District would have legal recourse
under the recorded document, the Reservation of Life Estate, which has
conditions and covenants. C. Britton added that the District would work to rectify
any violation with the Seller.
Meeting 00-35 Page 6
K. Nitz stated that the District has several life estates and asked if the District had
any problems with those. C. Britton said that the District does not have inspection
rights, and that this life estate is unusual in that respect.
P. Siemens commended staff. M. Williams named the helpful staff: Sue, Del,
Tom, Duncan, field staff.
Motion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act as set out in this report; adopt the
attached resolution authorizing approval of the attached Purchase
Agreement and General Release for Acquisition of the Fletscher
property; tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the staff report, including
naming the property as an addition to Mt. Umunhum Area of
Sierra Azul Open Space Preserve; and indicate their intention to
withhold the property from dedication as public open space. M.
Davey seconded the motion. The motion passed 7 to 0.
C. Agenda Item No.3—Authorization to Solicit Bids for Improvements to the
Administration Office Building at 330 Distel Circle, Los Altos; Authorization for
the General Manager to Modify the Agreement for Engineering Services for the
Office Improvements; Authorization to Proposals for Professional Services to
Assess the Energy-Efficiency of the Administration Office Building; Authorize
Staff to Solicit Bids for Improvements to the Administration Office Building;
Authorize the General Manager to Modify Existing Agreement with Panko
Architects to Include Mechanical and Engineering Services not to Exceed an
Additional $7,500 and to Approve the Total Amount of$32,500 to be Paid to
Panko Architects; Authorize Staff to Solicit Proposals from Various Professional
Consultants to Assess the Heating, Ventilating and Air Conditioning(HVAC)
Systems and Thermal Dynamics (Energy Efficiency) Systems of the Main Office
Building- (Report R-00-131).
C. Britton gave some background information on the office improvements when
the District bought this building. Due to the growth in staff, there is a need to
expand space. Anticipates eventually occupying the tenant space. The proposal
is to hire an architect and work with staff to gather ideas.
J. Cahill presented gave a PowerPoint presentation showing office layout and he
reviewed the proposed modifications. There is a need to upgrade the electric
panels to support the increased usage. Adding electrical and mechanical drawings
to the scope of work increased the cost to Panko Architects, which staff is
requesting the Board to approve the General Manager to approve the increased
cost. Also, the Enterprise program was looking at repairing the roof over the
tenant space, and Planning has assumed responsibility for this work and expects
this work to be done in the Spring.
Meeting 00-35 Page 7
L. Hassett was delighted to see the future proposal of the energy assessment for
the building. He was surprised at the cost of the energy assessment. L. Hassett
suggested having manufactures come out and provide free bids.
J. Cyr encouraged staff to go forward and feels it was wise to buy the building
several years ago, and that there is value to maintain and upgrade this investment.
J. Cahill agreed that this is a true capital improvement project.
P. Siemens is also encouraged about the energy assessment. Is it possible to have
contractors bid specifically for double-pane glass. J. Cahill agreed that this would
be possible.
C. Britton stated that the HVAC system has always been a problem. Discussed
this in the Budget Committee, and decided to separate this issue from the interior
improvements, but to have somebody come in and give an assessment. Rather
than have a manufacturer come in, it would be better to have a third party give
suggestions regarding double-pane glass, insulation under the roof, and how to
make the whole heating and cooling system more efficient. We think its more
than just having one manufacturer in, but rather would involve several different
areas. C. Britton also reminded the Board that the money to pay for the office
improvements comes from acquisition budget, which is why we want to do a
thorough energy study to see where the money will be spent and what will save us
money in the long run so that we can continue to use the money for acquisitions.
K. Nitz asked if this was integrated in the 5-year average for capital
improvements. C. Britton agreed and added that there is actually a facilities
budget. If the costs are above the guideline, then that is something the Budget
Committee will have to look at.
M. Davey encouraged making the building green.
Motion: J. Cyr moved that the Board authorize staff to solicit bids for
improvements to the administrative office building; authorize the
General Manager to modify the existing agreement with Panko
Architects to include mechanical and engineering services, not to
exceed an additional $7,500, and approve the total amount of
$32,500 to be paid to Panko Architects; and to authorize staff to
solicit proposals from various professional consultants to assess the
Heating, Ventilating and Air Conditioning (HVAC) systems and
thermal dynamics (energy efficiency) systems of the administrative
office building. M. Davey seconded the motion. The motion
passed 7 to 0.
D. Agenda Item No. 4-Proposed Restructuring of Public Affairs Department and
Amendment to the Position Classification and Compensation Plan; Approve the
Replacement of the Vacant Visitor Services Supervisor Position with the
Community Programs Specialist Position and Assign a Salary Range of Step
Number 271 to 296 with Corresponding Monthly Salary Range of$4,184 to
Meeting 00-35 Page 8
$5,366, Approve the Creation of the New Public Affairs Specialist Position and
Assign a Salary Range of Step Number 256 to 281 with a Corresponding Monthly
Salary Range of$3,604 to $4,622, Authorize the Filling of Both the Community
Programs Specialist and the Public Affairs Specialist Positions: Approve
Corresponding Amendments to the Position Classification and Compensation
Plan- (Report R-00-159I
S. Jensen discussed modifying the Public Affairs structure by adding a new
position,the Pubic Affairs Specialist, and changing the name of the Visitor
Services Supervisor to Community Programs Specialist. The difference between
these two positions is that the new position would provide more resources for
interpretive work, more resources for bringing new ideas to the volunteer and
docent programs. Looking forward to having new ideas and help look at long
range plans for these programs. The Public Affairs Specialist, a new position,
would work closely with the Public Affairs Manager. There are many exciting
projects that this position would work on including the coastal annexation, future
funding measure, and more energy into the cleanup of Mt. Umunhum.
C. Britton gave some background information on the personnel of the Public
Affairs department. He would like to see the volunteer programs to grow, would
like to see a strategic plan, and take some of the load off of the Public Affairs
Manager. The salaries were discussed with Johnson and Associates who did the
recent salary surveys, and they felt the ranges were correct. He highly
recommends this proposal.
K.Nitz asked for clarification if the Community Programs Specialist was a
manager of three people, and that the job description does not state that this
position would be supervising. S. Jensen stated that this position would be a
supervisor, but that she wanted this person to foster a more coordinating role, but
that they would do performance evaluations. She would like this person to also
foster a team environment and de-emphasize the supervision role.
K.Nitz asked if these positions were budgeted in this year's budget. S. Jensen
replied that she was hopeful to fill these vacancies in this fiscal year. As for next
fiscal year, the impact would be one net new position. K. Nitz asked if the
position of Visitor Services Supervisor would be eliminated. S. Jensen said it
would be eliminated.
P. Siemens suggested adding performance evaluations to the job description of the
Community Programs Specialist, regardless of the team format. D. Dolan stated
that item 11 of the job description did state the duty of performance evaluations.
P. Siemens suggested moving that item higher on the list of job requirements.
Motion: P. Siemens moved approval of 1. The replacement of the vacant
Visitor Services Supervisor position with the Community
Programs Specialist position, and assign it a salary range of Step
Number 271 to 296, with a corresponding monthly salary range of
$4,184 to $5,366. 2. Approve the creation of the new Public
Meeting 00-35 Page 9
Affairs Specialist position and assign it a salary range of Step
Number 256 to 281, with a corresponding salary range of$3,604 to
$4,622. 3. Authorize the filling of both the Community Programs
Specialist and the Public Affairs Specialist positions. 4. Approve
the attached corresponding amendments to the Position
Classification and Compensation Plan. D. Little seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 5—Dedication Status of District Lands-, Adopt the Resolution
Dedicating Interests in Certain District Lands for Public Open Space Purposes
(Report R-00-160).
D. Woods reported that this was an annual report in accordance with the dedicated
lands policy. Staff provides the Board with a summary table and looks at sites
recommended for dedication. The District currently holds 46,547 acres of land;
not all is necessary in fee; over 40,000 acres is in fee, and the other portion is
reflected in leases, management agreements, easements. D. Woods gave a
PowerPoint presentation showing recommended properties totaling 17 properties
which total over 1,700 acres. He went through each proposed property and gave
background information. With the passage of this resolution,the total percentage
of dedicated land will be about 70%; 30%will remain undedicated with the
majority of these lying in the Sierra Azul Open Space Preserve.
N. Hanko stated that this is always her favorite report in December and looked
forward to it every year.
K.Nitz asked if trail use would be effected. C. Britton replied that there is no
effect to trail usage by dedicating the land.
D. Little had concerns about dedicating the name of Mills Creek. S. Schectman
clarified that only the land was being dedicated, not the preserve name.
J. Cyr echoed N. Hanko's statement that this is his favorite report in December.
Motion: M. Davey moved approval of the adoption of Resolution No. 00-
76 dedicating interests in certain District lands for public open
space purposes. J. Cyr seconded the motion. The motion passed 7
to 0.
VI. INFORMATIONAL REPORTS
N. Hanko gave a report on spending the day in East Palo Alto at Ravenswood Open Space
Preserve attending the opening of the levy. It was very exciting to see the water rush in and learn
that this was the beginning of the area becoming a marsh. The levy opening was done by
Aventis (originally Rhone-Poulenc), who put in$500,000 towards the restoration project. She
also recognized M. Davey as a major factor into making the levy breaking a media event, which
included coverage by Channel 7 news. Also the mayor of East Palo Alto was delighted with the
event as well.
Meeting 00-35 Page 10
C. Britton added that the property was purchased for$500,000, and Land and Water Funds paid
half, but the District received a grant for the other half, so there was no cost to the District. Also,
that this was the first parcel re-opened in 34 years to marsh land along the south Bay.
I Cyr said that he and M. Davey will attend a leadership event in Cupertino, and do a
presentation about the District.
L. Hassett said that the day was really exciting with the opportunity to see the levy breaking. He
complemented Nonette on her remarks in front of the camera. This was a well planned, state-of-
the-art restoration project. There was a lot of thought, effort and science put into this.
I Maciel updated the Board regarding the employee housing issue brought up at the previous
meeting. They will postpone moving any employees for a six-month period and during that time
will evaluate whether there will be any public safety problems or not. There is still some
concern about the presence of ranger staff in the off hours. The second item was that two new
employees graduated from the academy in Santa Rosa. This was the 100`" graduating class from
the academy.
VII. ADJOURNMENT
At 10:15 P.M., the meeting was adjourned.
Lisa Zadek
Recording Secretary
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
€t Amount Name Description
2679 189.43 Acme& Sons Sanitation Sanitation Services
2680 125.00 American Planning Association Website Recruitment Advertisement
2681 1,505.00 American Red Cross Emergency Response Training
2682 1,030.05 Randy Anderson Coastal Service Plan Consultant
2683 712.50 Andreini Bros., Inc. Equipment Rental Services
2684 179.55 Ang Newspapers Recruitment Advertisement
2685 187.98 Arteeh Laminating Lamination Supplies
2686 53.39 AT&T Telephone Services
2687 334.95 A T&T Wireless Services Cellular Phone Service
2688 173.64 Barron Park Supply Co. Field Supplies
2689 618.32 Beck's Shoes Uniform Boots
2690 181.00 Bill's Towing Services Vehicle Towing
2691 170.75 California Water Service Company Water Service
2692 1,520.00 Camino Medical Group Medical Services-Audiograms
2693 177.98 Contemporary Engraving Plaque Engraving
2694 258.59 Costco Wholesale Office Supplies
2695 316.00 Alice Cummings Sierra Azul Resource Inventory Project
2696 75.00 Jim Davis Automotive Vehicle Smog Testing
2697 4,310.64 Design Concepts Graphic Designs-Newsletter/Misc. Projects
2698 54.55 John Escobar Reimbursement-Local Business Meeting
2699 145.00 Evergreen Environmental Services Waste Oil Recycling
2700 34.76 Film To Frame Film and Batteries
2701 79.98 Foster Brothers Security Systems, Inc. Vehicle Keys
2702 228.24 Gardenland Power Equipment Field Supplies
2703 54.32 G & K Services Shop Towel Services
2704 402.87 Home Depot Field Supplies
2705 914.71 Interstate Traffic Control Sign Supplies
2706 212.12 Jodi Isaacs Reimbursement-Office Supplies
2707 751.73 Kinko's Copy Services
2708 477.47 *1 Koo Koo Roo Staff Holiday Event Caterer
2709 34.10 Langley Hill Quarry Baserock
2710 299.00 Lanier Worldwide, Inc. Copier Agreement Lease
2711 275.00 Law Enforcement Psychological Services, Inc. Recruitment Psychological Services
2712 90.00 Los Altos Town Crier Recruitment Advertisement
2713 58.80 John Maciel Vehicle Expense
2714 44.55 Paul McKowan Reimbursement--Postage
2715 1,394.91 MetroMobileCommunications Radio Repairs and Maintenance
2716 206.04 Minton's Lumber&Supply Field Supplies
2717 360.00 Montgomery Highlands Association c/o John Weiss Legal Services
2718 794.11 Navarone Mailing Services Postage/Newsletter& Outdoor Activities
2719 399,000.00 *** North American Title Company Fletscher Acquisition
2720 1,212.65 Office Depot Office Supplies
2721 730.09 Orchard Supply Hardware Field Supplies
2722 952.67 Pacific Bell Telephone Services
2723 260.81 Palo Alto Weekly Recruitment Advertisement
2724 51.93 Loro Paterson Reimbursement--Film
2725 134.23 Peninsula Blueprint Maps Printing
2726 261.35 PIP Printing Ordinance Booklet Printing
2727 300.59 Pitney Bowes Credit Corp. Postage Machine Lease
2728 94.66 Pitney Bowes Inc. Postage Supplies
Page 1
Claims No. 00-21
Meeting 00-35
Date: Dec. 20, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2729 42.50 Points of Light Foundation Membership Dues-P. McKowan
2730 18.00 Rancho Cleaners Sewing Services-Sew on Patches
2731 6.02 Rancho Ace Hardware & Garden Shop Key Duplication
2732 538.00 Lori Raymaker Reimbursement--NAI Conference
2733 182.18 Recreational Equipment, Inc. Uniforms
2734 5.15 Roberts Hardware Electrical Supplies
2735 643.54 Roy's Repair Service Vehicle Maintenance & Repairs
2736 255.47 R. S. Hugh Company Inc. Gloves
2737 375.90 Russ Enterprises, Inc. Signs
2738 905.68 San Jose Mercury News Recruitment Advertisement
2739 1,291.30 Shute, Mihaly &Weinberger LLP Legal Services
2740 290.25 Skyline County Water District Water Services
2741 1,200.00 Slaght Living Trust Ranger Resident Rental Agreement
2742 220.11 Sandra Sommer Reimbursement--Office Supplies/Vehicle
2743 127.01 *2 Sonia's Deli Local Business Meeting Expense
2744 922.92 Stevens Creek Quarry, Inc. Road Repair Materials
2745 1,407.26 Summit Uniforms Uniforms
2746 65.00 Terminix International Pest Control Services
2747 25,000.00 Urrere Living Trust Urrere Acquisition
2748 3,300.46 United Rentals Rental Equipment
2749 225.00 Verio Internet Provider
2750 389.92 Visa Business Meeting Expense& Airfare
2751 698.40 Rich Voss Trucking Company Baserock Trucking Fees
2752 44.56 Douglas Vu Reimbursement--Office Supplies
2753 56.32 Xpedite Systems, Inc. Fax Broadcast Services
2754R 134.88 Matt Freeman Vehicle Expense
2755R 3,336.20 Rana Creek Habitat Restoration Grassland Management-Russian Ridge
2756R 470.50 Ana Ruiz Reimbursement-Tuition Fees
2757R 500.00 United States Postmaster Postage
2758R 332.17 Michael Williams Vehicle Expense
2759R 1,943.48 Tax Collector-Santa Clara County Bear Creek Redwoods Taxes
Total 466,959.19
In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued December 13, 2000
*2 Urgent Check Issued December 14, 2000
Page 2
Regional Open f ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 15, 2001
Ms. Ellie Ferrari
rferrari2&yahoo.com
Subject: Equestrian Closure at Windy Hill Open Space Preserve
Dear Ms. Ferrari,
On behalf of the Board of Directors of Midpeninsula Regional Open Space District, I
thank you for your interest in trails at Windy Hill Open Space Preserve and for your
assessment of the needs of Portola Valley equestrians. The Board of Directors reviewed
your March 5, 2001 electronic message at its regular meeting last night. The District
recognizes that the current closure of the Corte Madera Creek preserve access point to
horses presents an inconvenience to the equestrian community. We sincerely apologize
for this inconvenience, which is only temporary pending Board review of trail and use
issues in the area.
The recent construction of a road-width driveway and vehicle bridge in the preserve
prompted the Board of Directors to request a careful review of area trails. Staff is now
undergoing a comprehensive assessment of the improvements to understand the new
circulation patterns and need for additional signage. The District seeks to balance
potential conflicts between trail users, the new facilities, and the introduction of vehicle
use to this corner of the preserve. Staff will also solicit input from the Town of Portola
Valley in preparation for the Board of Directors' review of the subject matter, which is
scheduled for late spring.
If you are interested in receiving future notices of public meetings regarding this review,
please provide the District with a mailing address,which will be added to our current
Windy Hill correspondence list. The District recognizes the valuable recreational
opportunities that Windy Hill Open Space Preserves offers to the public and appreciates
your desire to continue enjoying the trails of the preserve.
If you have any additional questions about the project, please contact Ana Ruiz, Open
Space Planner at(650) 691-1200.
Sincerely,
Pete Siemens, President
Board of Directors
cc: Board of Directors
PS:ar:ss
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 ; �F�OfRE BT
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz -Genera!Manager:L.Craig Britton
f
> ----- Original Message -----
>From: <Shaltzy&aol.com>
>To: <mrosd@op ens pace.org>
> Sent: Monday, March 05, 2001 11:02 AM
> Subject: Larry Hassett, Ward 6 Closure of Kapnacell bridge to Equestrians
>>Please let me know why the bridge is closed to equestrians. The Portola
>>Valley Trails Committee met with your representatives to hash out a
decent
>> access across the creek for equestrians and now we cannot get into this
>area
>> at all. When will this be opened ? Why is it closed after all the talks
>with
>>the Trails Committee ?Portola Valley is home to many equestrians and
>during
>>the winter season, when many trails are muddy and closed, it is very
>>important we have an access to the few trails that stay safe and
>well-drained
>> so our horses may be exercised. I would appreciate an answer to the
>above.
>>Thank you for your attention to this. Please send to Ellie Ferrari at
>>e-mail: rferrari2&Yahoo.com. I am using another computer and do not
want
> an
>>e-mail sent to this e-mail.
»
Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-29
Meeting 01-07
March 14, 2001
AGENDA ITEM I
AGENDA ITEM
Adoption of Site Selection Criteria for Future Bench Locat' on District Open Space
Preserves
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached Bench Site Selection Criteria for future benches located on District open
space preserves.
HISTORY
At your September 14, 1994 meeting you approved amendments to the Site Naming and Gift
Recognition Policy (see report R-94-89). An amendment under the Gift Recognition section
(II-B) of this policy states: "New bench locations will be considered by staff during the Use
and Management Plan process for each preserve. Bench sites that are approved by the Board
may be designated for inclusion in Peninsula Open Space Trust's (POST's) Memorial and
Commemorative SittingAreas program." The amended policy also states The District will
P g P Y
not maintain a separate memorial and/or commemorative bench program, except under the
Special Recognition section of this policy. No type of on-site plaques will be considered under
Gift Recognition section of this policy.
the G og p y
At your April 26, 2000 meeting you adopted an amendment to the Use and Management Plans
for Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves approving
future bench sites for use by POST as part of their Memorial and Commemorative Sitting
Areas program, as stipulated by the Site Naming and Gift Recognition Policy (see report R-00-
54).
DISCUSSION
Staff, with the aid of a District volunteer, used an informal criteria-based process to select the
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,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton
R-01-29 Page 2
designated sites at Rancho San Antonio, Monte Bello, and Los Trancos Open Space Preserves.
To assist in clarifying the designation of future bench sites, it is recommended that specific site
selection criteria be adopted during the development of a Use and Management Plan, or the
implementation of a subsequent amendment. Such criteria should address concerns about the
actual installation process for benches, the necessity of the bench-sites, the quantity of benches
on District preserves, and the environmental effect these benches will have on the surrounding
natural environment.
Staff has received many inquiries regarding memorial benches over the past few years, and
since the District does not maintain a separate bench program, requests from the public are
generally referred to POST's Memorial and Commemorative Sitting Areas program, or to San
Mateo County's Department of Parks and Recreation, which has a similar program. If, in the
future, benches are to be located and installed on District open space preserves, the proposed
site selection criteria will ensure that the placement of such benches is done in an objective,
systematic, and efficient manner (see Exhibit A).
The site selection criteria were presented to the Use and Management Committee for approval
on November 28, 2000. The Committee reviewed the criteria, suggested minor revisions, and
recommended that the criteria also be presented to the Legislative, Finance, and Public Affairs
Committee for review. The Legislative, Finance, and Public Affairs Committee reviewed and
accepted the criteria on February 27, 2001 with no further revisions.
At the time the criteria were reviewed by the Legislative, Finance, and Public Affairs
Committee, it was clarified that bench installations guided by these criteria will be for POST's
Memorial and Commemorative Sitting Areas program, if POST continues to maintain the
program. As identified in the Site Naming and Gift Recognition Policy, the application of
these criteria will not be mandatory when completing the installation of benches and other
memorials to specifically recognize founders or significant supporters of the District. The
separate guidelines for memorials recognizing founders and significant supporters of the
District are addressed under the Special Recognition section (III) of the same policy.
Prepared by:
Douglas Vu, Open Space Planner I
Contact person:
Same as above
EXHIBIT A
PROPOSED BENCH SITE SELECTION CRITERIA
INTRODUCTION
This document lists a set of criteria to be used when determining appropriate locations for
benches installed on District open space preserves when implementing a Use and Management
Plan amendment. These criteria were developed to ensure that benches installed on District
preserves would be adequately utilized while not compromising the integrity of the surrounding
open space.
The application of these criteria is not mandatory when completing the installation of benches
and other memorials to recognize founders or significant supporters of the District. The
guidelines for these memorials are addressed in the separate Policy for Site Naming and
Recognition, adopted by the Board of Directors, August 25, 1993, amended September 14,
1994.
Topic: Site Quality
Issue: Will the bench add to the overall quality of the user's visit?
Criteria: The site will be located in an area that will adequately be utilized and
will add to the overall enjoyment and quality of the preserve user's visit.
Topic: Installation Process
Issue: Does the site provide ease of access for the contractor?
Criteria: The site must provide ease of access for necessary equipment and
materials during the installation process.
Issue: Is there minimal amount of site preparation work involved?
Criteria: The installation will require a minimal amount of preparation work,
with no more than one cubic-yard of earth being moved as cut and fill.
Topic: Bench Materials
Issue: Will cost-effective materials be used during the construction process?
Criteria: The use of recycled and/or alternative materials (downed trees,
recycled lumber, concrete, stone, etc.) shall be considered prior to bench
construction.
�I
Topic: Maintenance and Safety
Issue: Is there adequate vehicular access for maintenance and emergency purposes?
Criteria: The site must be in an area that provides adequate vehicular access
for maintenance and emergency purposes.
Issue: Does the topography of the area pose any problems?
Criteria: The site will be located in an area that is level and not steep, erode
or susceptible to erosion.
Topic: Quantity of Sites
Issue: How many sites are on the existing preserve?
Criteria: The number of sites will be proportionate to the overall acreage an
miles of designated trail on the preserve.
Issue: Is there a need for a bench at this location?
Criteria: The number of sites will also be proportionate to the level of usage a
preserve receives.
Topic: Resource and Environment
Issue: Will the site impact the surrounding environment?
Criteria: The site will not compromise any natural resources and will.
minimally impact the surrounding environment.
Issue: Is the surrounding area a sensitive habitat?
Criteria: The site will not be located in an area within or near a sensitive
habitat.
Issue: Will the location of the site encourage the development of undesignated
bypass or spur trails?
Criteria: The sites must be located adjacent (10-feet or less) to an existing
designated trail.
Regional Open ice
g P
Ao
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-31
Meeting 01-07
March 14, 2001
AGENDA ITEM 2
AGENDA ITEM
Proposed Addition of Lobner Property to Monte Bello pen Spa Preserve
GENERAL MANAGER'S RECOMMEND S
1. Determine that the recommended actions are categorica y exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the Lobner property.
3. Tentativelyadopt the Preliminary Use and Management Plan recommendations contained in this
P �'Y g
report, including naming the property as an addition to Monte Bello Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space.
DESCRIPTION (see attached map)
The 40-acre Lobner property is located at the end of Stevens Canyon Road with Stevens Creek bisecting
the northeast portion of the property. The property being considered for acquisition is bordered by the
Monte Bello Open Space Preserve to the north, by Upper Stevens Creek County Park(Santa Clara
County)to the west and south, and on the east, by the separate 10.79-acre property being retained by the
seller(but subject to a right of first offer being acquired by the District). The property is a desirable
addition to the preserve because it will provide a valuable connection to the Canyon Trail,provide
potential future trail connections and help protect important wildlife and watershed resources and scenic
riparian views.
The Lobner property is a natural addition to the Monte Bello Open Space Preserve as it is bounded on
three sides by public open space and park lands. Access is by way of Stevens Canyon Road requiring
' fording Stevens Creek where it currently crosses the road. The County of Santa Clara is planning to
build a one-lane bridge at this crossing. The property is located within the Stevens Creek drainage, and
its location is predominately a northeast facing slope, adjacent to and visible from the former Maridon
property addition to Monte Bello Open Space Preserve. Stevens Canyon Road continues through the
property transitioning into the District's Canyon Trail which passes through the County park before re-
entering the Monte Bello Open Space Preserve. Public use is currently limited to individuals biking or
hiking Canyon Trail.
The property elevation ranges from 800 feet at Stevens Creek to 1,480 feet at the highest point along the
western boundary adjacent to Stevens Creek County Park. The property has flat areas near the creek and
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,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton
i
R-01-31 Page 2
to the west of Stevens Canyon Road,with an increasing upward slope to the west. A couple of smaller
drainages flow through the property emptying into Stevens Creek.
The San Andreas Rift Zone is located in Stevens Canyon creating different types of soils on the
northeast side of the creek compared to those on the southwest side. The soil has low stability, with
potential for earthquake induced landslides. The soil classification is Los Gatos, Gaviota-Vallecitos
association with underlying metamorphosed hard sandstones and shales. The plant communities are oak
and madrone woodland with scattered Douglas fir and bay laurel. The common fauna include deer, bush
rabbits, coyotes,bobcat, a variety of birds and other small animals. The viewshed contributes to the
scenic watershed view from Monte Bello Ridge. The property will preserve the wooded view south of
Table Mountain. The creek area provides scenic riparian views close to Canyon Trail.
Existing improvements include an uninhabitable cabin on the south bank of Stevens Creek and a small
deteriorating shed near the clearing of a potential home site located south of a tributary stream.
Approximately 50 large pieces of granite curbing are piled alongside the stream near the clearing.
Stevens Canyon Road passes below this clearing, and a rudimentary trail follows the tributary stream
towards the County park. Recently, there have been reports of illegal motorcycle use in the area.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is located in unincorporated Santa Clara County and is designated as Hillside zoning. It is
rated in the District's Open Space Master Plan as having moderate-to-high composite open space values,
and the District's Regional Open Space Study shows regional trail corridors nearby. The property is
important in terms of potential outdoor recreation, watershed and wildlife habitat protection, riparian
corridor preservation, and viewshed from the surrounding open space preserve and County park.
The property offers potential future trail connection links to open space and parklands to the south.
Future trails could provide valuable connections to existing trails that wind through the scenic wooded
area.
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow. Improvements are
limited to the installation of preserve boundary signs and the property will remain in a natural condition.
The District would remove the uninhabitable cabin next to the stream after close of escrow. Any
differing future land use decisions would occur in compliance with the Open Space Use and
Management Planning Process.
Public Access: Closed to public use at this time, except along Canyon Trail.
Trail Designation: No new trails or roads are designated for trail use.
I
Patrol: Regular patrol will be provided and the existing road will be maintained for patrol purposes.
I
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R-01-31 Page 3
Dedication: Indicate your intention to withhold the property from dedication as public open space at this
time.
Name: Name the property as an addition to Monte Bello Open Space Preserve.
Signs: Install private property and preserve boundary signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards other than the
uninhabitable cabin that need to be mitigated.
CEOA COMPLIANCE
Project Description
The project consists of the acquisition of a 40-acre parcel of land as an addition to Monte Bello Open
Space Preserve. Concurrently,the land will be included in the Preserve's Use and Management Plan.
The project also includes the demolition of an uninhabitable cabin adjacent to Stevens Creek that will
require permits from various agencies. Under any plan,the land will be permanently preserved as open
space, and maintained in a natural condition.
CEOA Determination
The District concludes that this project will not have a significant effect on the environment. The project
is exempt from CEQA under Article 5, Section 1506lb(3) in that there is no possibility that the activity
in question may have a significant effect on the environment. The cabin is not a significant historical
resource. The structure exhibits significant deterioration and is no longer habitable.
In addition,the project is categorically exempt from CEQA(the California Environmental Quality Act)
under Article 19, Sections 1531.6, 15325, 15301(1) and 15304 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes to keep the area in a natural condition. The site is in a natural
condition and the use and management plan specifies the land will not be developed and will remain in a
natural condition.
I
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
acquisition will transfer ownership of the property to the District and ensure it will be preserved as
public open space.
I
Section 15301(1) exempts demolition and removal of individual small structures, and 15304 exempts
minor alterations to land. This acquisition will result in the demolition of an uninhabitable cabin which
may include the removal of foundation material and minor grading activity.
I
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R-01-31 Page 4
I
TERMS & CONDITIONS
The 40-acre Lobner property is being acquired on a bargain sale basis at a purchase price of$1,200,000,
which is to paid in cash at the close of escrow. Under current zoning,the property represents one rural
residential homesite. As part of this transaction, the parties have agreed to share in the cost of a survey
to determine the location of the common east/west property boundary between the subject property
(Parcel 1) and the separate 10.79-acre property being retained by the seller(Parcel 2) as shown in the
attached Exhibit 2. Six cabins are located on the two Lobner parcels. Five of the cabins are occupied as
rental cabins and one cabin is vacant and in disrepair. The vacant cabin is located on the 40-acre
property being acquired by the District, and one or two of the rental cabins may also be located partially
or entirely on the 40-acre property. The parties have agreed that the seller will retain the five occupied
rental cabins as part of Parcel 2. If any of the occupied rental cabins are located on Parcel 1, the
property boundaries will be adjusted to include the occupied rental cabins as part of seller's retained
Parcel 2. When the property boundary adjustment is complete, Parcel 1 will continue to contain
approximately 40 acres and Parcel 2 will contain approximately 10.79 acres. If the survey requires
property boundary adjustments,the District's fifty percent share of the survey costs is estimated at
$5,000.
c -
the District is also acquiring a right of first offer to acquire the 10.79 acre
As art of this transaction,
pq g g q
retained Lobner (Parcel 2 's rig ht of first offer requires that the seller offer the
property ). The District
for sale to the District before listing the roe for sale on the open real estate market. In
property g p p rtY p
addition, if an unsolicited purchase offer is received from a private party, the seller must allow the
District an opportunity to match the purchase rice and terms of the third-party offer if the seller intends
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to sell. If the District declines exercising its right of first offer, the seller is free to sell this property to
the third party or offer it for sale on the open real estate market.
Also as part of this transaction,the District is assuming responsibility for clean-up and removal of the
uninhabitable cabin located on the southern bank of Stevens Creek, a shed, and miscellaneous debris at
an estimated cost of$9,000.
BUDGET CONSIDERATIONS
I
2000/2001 Budget for Land Acquisition
New Land $20,000,000
Land Acquisitions so far this year (13,263,800)
Lobner Acquisition proposed on this agenda ( 1,200,000)
Acquisition Budget Remaining $ 5,536,200
Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering
cash flow and availability, funds are available for this property purchase. This parcel was identified as
an important addition to the Monte Bello Open Space Preserve for potential outdoor recreation,
protection of watershed, wildlife habitat and scenic backdrop.
R-01-31 Page 5
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:
Michael C. Williams, Real Property Representative
Thomas W. Fischer, Land Protection Specialist
Graphics:
Dennis Dart, Open Space Technician
Contact person:
Michael C. Williams, Real Property Representative
i
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RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF THE PURCHASE
AGREEMENT—BARGAIN SALE, AUTHORIZING OFFICER TO
EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANTS TO
DISTRICT AND EXECUTE GRANT OF RIGHT OF FIRST OFFER,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (MONTE '
BELLO OPEN SPACE PRESERVE- LANDS OF LOBNER)
I
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
I
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain Purchase Agreement—Bargain Sale between Darlene Lobner
Martin, a married woman as her sole and separate property, and the Midpeninsula Regional Open
Space District, a copy of which is attached hereto and by this reference made a part hereof, and
authorizes the President or appropriate officers to execute the Agreement on behalf of the District.
g
I
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute a Certificate of Acceptance for the Grant Deed on behalf of the District.
Section Three. The President of the Board of Directors, or other appropriate officer, is authorized to
execute the Grant of Right of First Offer and the attendant Certificate of Acceptance on behalf of the
District.
I
Section Four. The General Manager of the District shall cause to be given appropriate notice of
acceptance to seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Five. The General Manager of the District is authorized to expend up to $12,000 to cover the
cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this
transaction.
Section Six. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreement and documents which do not involve any material
change to any term of the Agreement or documents, which are necessary or appropriate to the closing
or implementation of this transaction.
Section Seven. It is intended, reasonably expected, and hereby authorized that the District's general
fund will be reimbursed in the amount of$1,200,000 from the proceeds of the next long-term District
note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula
Regional Open Space District solely for purposes of establishing compliance with the requirements of
Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is
consistent with the District's budgetary and financial circumstances. There are no funds or sources of
moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a
long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project
which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The
Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to
reimburse itself for this open space land acquisition project expenditure.
Monte Bello Open Spac 'reserve Proposed Lobr Aquisition - Area Map
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Exhibit 1 0 2000 4000 Feet
Monte Bello Open ,race Preserve - Propo, -;d Lobner Acquisition
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arcel
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Exhibit 2 0 500 1000 Feet
PURCHASE AGREEMENT - BARGAIN SALE
This Agreement is made and entered into by and between Darlene Lobner Martin,
a married woman as her sole and separate property who acquired title as Darlene Lobner Stager
hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a
Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public
Resources Code, hereinafter called "District."
RECITALS
WHEREAS, Seller is the owner of certain real property totaling approximately
50.79 acres which has open space and recreational value, located within an unincorporated area
of the County of Santa Clara, and being more particularly described as Parcel 1 and Parcel 2 in
the legal description attached to Preliminary Report Number 51170165 attached hereto as
Exhibit "A"of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said Parcel I containing approximately
40 acres for open space preservation and as part of the ecological, recreational, and aesthetic
resources of the midpeninsula area; and
WHEREAS, District also desires to acquire and receive a right of first offer to
purchase said Parcel 2 containing approximately 10.79 acres; and
WHEREAS, Seller wishes to sell and convey the entirety of said Parcel I
containing approximately 40 acres to District, and a right of first offer to purchase said Parcel 2
containing approximately 10.79 acres, and District wishes to purchase said property and property
rights upon the terms and conditions set forth herein; and
WHEREAS, Seller wishes to sell and convey said Parcel 1 to District, at a price
below fair market value, and District wishes to purchase said property upon the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
I. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's real property and interest herein, located within an unincorporated area of
the County of Santa Clara, State of California, as follows:
Purchase Agreement Page 2
A. Fee title to all that certain parcel of real property, containing approximately
forty (40) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel
Number 351-13-007 and being further described as Parcel 1 in the Legal Description attached to
Preliminary Report number 51170165 from North American Title Company. A copy of said
Preliminary Report attached hereto as Exhibit "A", and incorporated herein by this reference.
Said property is to be conveyed together with any easements, rights of way, or rights of use
which may be appurtenant or attributable to the aforesaid lands, and any and all improvements
attached or affixed thereto. All of said real property, appurtenances and other property rights as
described hereunder being acquired by District under this Agreement, shall hereinafter be called
the "Subject Property" or the "Property."
B. Seller shall retain all that certain property containing approximately 10.79
acres, more or less, and commonly referred to Santa Clara County Assessor's Parcel number
351-13-018 being further described as Parcel 2 in said Preliminary Report (Exhibit"A"). Said
retained property shall be subject to a Grant of Right of First Offer in the form of Exhibit`B" as
attached hereto and incorporated herein by this reference.
2. Purchase Price. The total purchase price ("Purchase Price") for the Property and
other property interests being acquired herein by District shall be One Million Two Hundred
Thousand and No/100 Dollars ($1,200,000.00), which shall be paid in cash at the "Closing" as
defined in Section 4 hereof
3. Survey.
A. Survey as Condition of Closing. Six (6) cabins are located on Parcel 1 and
Parcel 2 as described herein. Five of said cabins are occupied as rentals and one cabin is vacant
and in poor condition. The vacant cabin appears to be located entirely upon Parcel 1. One or
two of the occupied cabins may be located on or partially located on Parcel 1. Seller desires to
retain the five (5) occupied rental cabins as a part of Seller's Parcel 2. Therefore, Seller and
District understand and agree that one condition of the Closing (as defined in Section 4 herein) is
that the Seller and District shall jointly hire a licensed land surveyor ("surveyor") acceptable to
the parties hereto to complete a survey to determine the common east west property boundary
between said Parcel 1 and Parcel 2. The purpose of the survey is to determine the location of
Seller's existing occupied rental cabins in relation to said east/west property boundary and
domestic water easements if necessary, as shown in Exhibit"C" attached hereto and
incorporated by this reference.
B. Legal Descriptions. If the survey determines that one or more of the five
rental cabins are located on or partially on Parcel 1, District and Seller shall diligently pursue the
preparation of revised legal descriptions to adjust the boundary between Parcel 1 and Parcel 2 to
include the five occupied rental cabins as part of Seller's Parcel 2. The parties intend that the
legal description for Parcel 2 will include the five occupied rental cabins while still containing
1
Purchase Agreement Page 3
approximately 10.79 acres, and the legal description for Parcel 1 will contain approximately 40
acres. The survey, and said revised legal descriptions shall be completed as soon as possible
after execution of the Agreement by District as provided in Section 13 hereof, but in no event
later than June 15 , 2001, the final date of Closing as provided in Section 4.A herein.
C. Certificate of Compliance. If revised legal descriptions for Parcel 1 and
Parcel 2 are required in accordance with Section 3.13 above, Seller and District agree to
diligently pursue the completion of a Certificate of Compliance application through the County
of Santa Clara as evidence that Parcel 2 is a legally subdivided parcel. In accordance with
California Government Code Section 66426.5 and 66428 (the Subdivision Map Act), public
agencies are afforded certain exemptions; however, Seller desires evidence that Seller's retained
Parcel 2 is a legally subdivided parcel; therefore, the parties agree to pursue the completion of a
Certificate of Compliance application through the County of Santa Clara on or before September
15, 2001. Obtaining said Certificate of Compliance is not a condition of Closing.
D. Payment of Surve o. Seller and District shall share (50150) all costs of
hiring a surveyor("surveyor") acceptable to the parties hereto to perform the survey work
described herein including, if necessary, the preparation of revised legal descriptions, recording
fees, and the Certificate of Compliance application fee. Said survey work shall not exceed a
total combined cost of$15,000, without written consent of the parties. The parties agree to hire
a surveyor and complete the survey, and, if necessary, revised legal descriptions of Parcel 1 and
Parcel 2 by June 15, 2001, and process the completion of a Certificate of Compliance application
through the County of Santa Clara on or before September 15, 2001.
4. Escrow. Promptly upon execution of this Agreement, in accordance with Section
13 herein, an escrow shall be opened at North American Title Company, 497 N. Santa Cruz
Avenue, Los Gatos, CA (408) 399-4100 (Escrow number 51170165) or other title company
acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and
sale of the Property and other property interests acquired herein shall be consummated. A fully
executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow
instructions to Escrow Holder; provided that the parties shall execute such additional
supplementary or customary escrow instructions as Escrow Holder may reasonably require. This
Agreement may be amended or supplemented by explicit additional escrow instructions signed
by the parties, but the printed portion of such escrow instructions shall not supersede any
inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to
deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into
the escrow as herein provided, with the following terms and conditions to apply to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or
before June 15, 2001; provided, however, that the parties may, by written agreement, extend the
time for Closing. The term "Closing" as used herein shall be deemed to be the date when
1
Purchase Agreement Page 4
Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of Santa Clara County.
B. Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate the
purchase and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing:
(i) An executed and recordable Grant Deed, covering Parcel 1 as described
in said Exhibit"A".
(ii) An executed and recordable Grant of Right of First Offer in the form
of said Exhibit"B".
If revised legal descriptions are required in accordance with Section 3
herein, the revised legal description of Parcel I will be inserted into the Grant Deed and the
revised legal description of Parcel 2 will be inserted into the Grant of Right of First Offer prior
to the Closing.
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificates of Acceptance for the Grant Deed, and Grant
of Right of First Offer duly executed by District and to be dated as of the Closing.
(ii) District's check payable to Escrow Holder in the amount of One
Million One Hundred and Ninety-Nine Thousand and No/100 Dollars ($1,199,000.00) which is
the balance of the Purchase Price of One Million Two Hundred Thousand and No/100 Dollars
($1,200,000.00) as specified in Section 2. The balance of$1,000.00 is paid into escrow in
accordance with Section 13 of this Agreement.
E. Seller and District shall share (50150) the escrow fees, the CLTA
Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All
other costs or expenses not otherwise provided for in this Agreement shall be apportioned or
allocated between District and Seller in the manner customary in Santa Clara County. All
current property taxes on the Property shall be pro-rated through escrow between District and
Seller as of the Closing based upon the latest available tax information using the customary
escrow procedures.
F. Seller shall cause North American Title Company, or other title company
acceptable to District and Seller, to be prepared and committed to deliver to District, a CLTA
Purchase Agreement Page 5
Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of
$1,200,000.00 for the Property showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) title exceptions 5, 6, 7, 8, 9 and 10 as listed in
the Preliminary Report (Exhibit "A") dated January 23, 2001, and (iii) such additional title
exceptions as may be approved in writing by District prior to the Closing as determined by
District in its sole and absolute discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and Grant of Right of First Offer and corresponding
Certificates of Acceptance to be recorded in the Office of the County Recorder of Santa Clara
County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of
the policy of title insurance required herein, and to Seller Escrow Holder's check for the full
purchase price of the Subject Property (less Seller's portion of the expenses described in Section
4.E, and to District or Seller, as the case may be, all other documents or instruments which are to
be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall
return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
5. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for
payment of its title and escrow cancellation charges (subject to rights of subrogation against any
party whose fault may have caused such termination of escrow), and each party expressly
reserves any other rights and remedies which it may have against any other party by reason of a
wrongful termination or failure to close escrow.
6. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by
reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 et seq. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
7. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which is
material and is being relied upon by District.
Purchase Agreement Page 6
A. Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient
to convey to District the Subject Property and the Right of First Offer described therein, and are
enforceable in accordance with their respective terms and do not violate any provisions of any
agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or
corporate resolutions of Seller.
C. Good Title. Seller has and at the Closing date shall have good, marketable
and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed
to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and
free and clear of any recorded or unrecorded option rights or purchase rights or any other right,
title or interest held by any third party except for the exceptions permitted under the express
terms hereof, and Seller shall forever indemnify and defend District from and against any claims
made by any third party which are based upon any inaccuracy in the foregoing representations.
8. Integrity of f Property. Except as otherwise provided herein or by express written
permission granted by District, Seller shall not, between the time of Seller's execution hereof and
the close of escrow, cause or allow any physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other earthmoving activities, cutting or
removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
9. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act(42 U.S.C. Section 6901
et seq.).
Purchase Agreement Page 7
B. Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied upon
by District:
(i) To Seller's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured, handled, generated, stored, treated, discharged,
present, buried or disposed of on, under or about the Property, or transported to or from the
Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing.
(ii) Seller has not received any notice and Seller has no actual knowledge
that any private person or governmental authority or administrative agency or any employee or
agent thereof has determined, alleged or commenced or threatened to commence any litigation,
or other proceedings, to determine that there is a presence, release, threat of release,placement
on, under or about the Property, or the use, manufacture, handling, generation, storage,
treatment, discharge, burial or disposal on, under or about the Property, or the transportation to
or from the Property, of any Hazardous Waste, nor has Seller received any communication from
any such person or governmental agency or authority concerning any such matters.
C. Indemnity. Seller shall indemnify, defend and hold harmless District from
and against and all claims, liabilities, losses, damages, and costs incurred or suffered by District,
including without limitation, attorney, engineering and other professional or expert fees, to the
breach f the warranties r representations
extent arising from any b e ch o t es o ep esentations contained herein.
10. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42
U.S.C. §4601 et seq.), and the California Relocation Assistance Act, Government Code Section
7260 et seq. Seiler hereby waives any and all existing and/or future claims or rights Seller may
have to any relocation assistance, benefits, procedures, or policies as provided in said laws or
regulations adopted there under and to any other compensation, except as provided in this
Agreement. Seller has been advised as to the extent and availability of such benefits,
procedures, notice periods, and assistance, and freely and knowingly waives such claims, rights
and notice periods except as set forth in this Agreement, including the fair market value of said
Property, appraisals, etc., as provided for by said Federal Law and any corresponding California
Government Code Sections, and District agrees to provide Seller with an executed IRS Form
8283 as evidence of the Bargain Sale price accepted by Seller thereunder.
Purchase Agreement Page 8
11. Charitable Contribution. District and Seller acknowledge and agree that Seller
may seek a tax benefit for the charitable contribution of the difference between the purchase
price being paid by the District and the Property's fair market value being donated to the District
as part of this transaction. District expresses no opinion as to whether Seller will receive any
deduction for federal or state income tax purposes as result of this transaction. Seller
acknowledges and agrees that Seller is relying solely upon the advice of its own attorneys,
accountants and other professional advisors with respect to all such matters, and to the tax
consequences of this Agreement in general. Without limitation of the foregoing, if such
contribution is not deductible for federal and state income tax purposes, in whole or in part, such
non-deductibility or non-treatment will not relieve Seller of any of its obligations under this
Agreement or otherwise affect this Agreement in any way or require the payment of any
additional or substitute consideration by District for the purchase of the Subject Property or
entitle Seller to any remedies against District as a result thereof. District agrees to provide Seller
with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted by Seller
thereunder.
12. Miscellaneous Provisions.
A. Access for Investi atg ions. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing and evaluating the same; provided,
however, that District may not perform any work on the Property without Seller's prior written
consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give Seller at least 24 hours' prior notice of each proposed entry by District. District shall
indemnify, protect, defend and hold Seller free and harmless from and against any and all
claims, actions, causes of action, suits, proceedings, costs, expenses (including, without
limitation, reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the
activities of District Parties while upon the Property prior to the Closing; provided, however, the
foregoing indemnity shall not cover or include any claims, damages or liens resulting from
District's discovery of any Hazardous Substance or other pre-existing adverse conditions
pursuant to its inspections, testing or evaluation. District's inspections shall be at District's sole I
expense. District shall repair any damage to the Property that may be caused by the District
Parties while on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California, regardless of
any choice of law principles, shall govern the validity of this Agreement, the construction of its
terms and the interpretation of the rights and duties of the parties.
C. Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action,proceeding or arbitration instituted by
reason of any default or alleged default of the other party hereunder, the party prevailing in such
Purchase Agreement Page 9
action or proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount determined by the Court, whether or not such action, proceeding or
arbitration goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
D. Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may in writing: (i) extend the
time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies
in representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other party;
or(iv) waive the fulfillment of any condition that is precedent to the performance by such party
of any of its obligations under this Agreement. The General Manager is authorized to agree to
an extension of the time for the performance of any obligations on the part of District or Seller
pursuant to this Agreement, and to take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance, including execution of any
documents which may allow Seller to accomplish a tax deferred exchange of property as
permitted by law; provided, however that the District shall not take title to any third party
property other than the Subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
g
E. Rights Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to an other
P Y
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
F. Notices. Whenever any party hereto desires or is required to give any
notice, demand, or request with respect to this Agreement(or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or
other private messenger, courier or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as
follows:
Seller: Darlene Lobner
3481 Lakeside Drive, Penthouse TS5
Atlanta, GA 30326
(404) 995-9434
cellular(916) 804-0322
Purchase Agreement Page 10
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
(650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee.
Service of any such communication made only by mail shall be deemed complete on the date of
actual delivery as indicated by the addressee's registry or certification receipt or at the expiration
of the third(3rd) business day after the date of mailing, whichever is earlier in time. Either party
hereto may from time to time, by notice in writing served upon the other as aforesaid, designate
a different mailing address or a different person to which such notices or demands are thereafter
to be addressed or delivered. Nothing contained in this Agreement shall excuse either party
from giving oral notice to the other when prompt notification is appropriate, but any oral notice
given shall not satisfy the requirement of written notice as provided in this Section.
G. Severability. If any of the provisions of this Agreement are held to be
void or unenforceable b or as a result of a determination of an court of competent
Y Y p jurisdiction,
the decision of which is binding upon the parties, the part ies agree that such determination
nation shall
not result in the nullity or unenforceability of the remaining portions of this Agreement. The
parties further agree to replace such void or unenforceable provisions which will achieve, to the
extent possible, the economic, business and other purposes of the void or unenforceable
provisions.
H. Counterparts. This Agreement may be executed in separate counterparts,
each of which shall be deemed as an original, and when executed, separately or together, shall
constitute a single original instrument, effective in the same manner as if the parties had
executed one and the same instrument. !
I. Waiver. No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
J. Entire Agreement. This Agreement is intended by the parties to be the
final expression of their agreement; it embodies the entire agreement and understanding between
the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
s
Purchase Agreement Page 11
L. Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all repre-
sentations and warranties by either party to the other, shall survive the Closing and be binding
upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
M. Assi ng. ment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
the prior written approval of the other party; provided, however, that District may assign all of
its rights and obligations hereunder to Peninsula Open Space Trust(POST), or other County,
State or Federal Park Agency or other non-profit Land Trust organization without further
approval of Seller.
N. Further Documents and Acts. Each of the parties hereto agrees to execute
and deliver such further documents and perform such other acts as may be reasonably necessary
or appropriate to consummate and carry into effect the transactions described and contemplated
under this Agreement.
O. Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
P. Broker's Commission. District shall not be responsible for any real estate
commission or other related costs or fees in this transaction. Seller agrees to and does hereby
indemnify and hold District harmless from and against any and all costs, liabilities, losses,
damages, claims, causes of action or proceedings which may result from any broker, agent or
finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in
connection with this transaction.
Q. Captions. Captions are provided herein for convenience only and they
form no part of this Agreement and are not to serve as a basis for interpretation or construction
of this Agreement, nor as evidence of the intention of the parties hereto.
R. Pronoun References. In this Agreement, if it be appropriate, the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
S. Arbitration of Disputes. If a dispute arises out of or relates to this
Agreement or the performance or breach thereof, the parties agree first to participate in non-
binding mediation in order to resolve their dispute. If the parties are unable to resolve their
dispute through mediation, or if there is any remaining unresolved controversy or claim
subsequent to mediation, any remaining unresolved controversy or claim shall be settled by
binding arbitration. The parties shall jointly select one arbitrator who shall be a retired or former
Purchase Agreement Page 12
judge of the Superior Court of California. The arbitration shall be conducted in accordance with
the rules set forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be
held in Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the
arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance
with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final
and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL DISTRICT INITIAL
13. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before March 6, 2001, District shall have until midnight March 14, 2001
to accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. Said offer shall remain irrevocable during this
period without the necessity of execution and acceptance of this Purchase Agreement by District.
As consideration for said irrevocable offer, District has paid into escrow and Seller
acknowledges receipt of the sum of One Thousand Dollars and No/100 ($1,000.00), which shall
be applied to the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
HI
Purchase Agreement Pate I;
IN WITNESS 'WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN 1
SPACE DISTRICT Darlene Lobner Martin, a married
woman as her sole and separate property
ACCEPTED FOR RECOMMENDATION Date: 03
Michael C. Williams, Real Property Consent of Spouse:
Representative
APPROVED AS TO FORM: Andrew Martin
Date:
Susan M. Schectman, General Counsel
RECOM E FOR APPROVAL:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
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�■NORTH
AMERICAN
COMPANY
ITLE - DIRECT ALL INQUIRIES TO:
Escrow
w Officer: Susan K. Trovato
� Telephone
one No.:- (40 8) 3 99-4 100
Our No.: 56007-5 1 1 70 1 65-SKT
i
Mid-Peninsula Regional Open Space_District
Attn: Mike Williams
330 Distel Circle
Los Altos CA 94022
Property Address:
18000 Stevens Canyon Road
Cupertino, California
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company
HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A
POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST -
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY' REASON OF ANY
DEFECT, LIEN, OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE
PR
INTED
NTED SCHEDULES G STIPULATIONS OF SAID P CONDITIONS AND
POLICY FORMS. '
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE
SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHO
ULD
D BE RE
AD,EA!CABLE FROM T D, THEY ARE
HE OF
FICE FICE WHICH ISSUED THIS REPORT.E ORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND
EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE EXCEPTIONS ARE MEANT TO
PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE
INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS
TO THE CONDITION OF TITLE AND MAY NOT UST ALL LIENS, DEFECTS, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of January 23, 2001 Pam ThompsoNpu
at 07:30 am Title Officer/Examiner
497 N. Santa Cruz Avenue, Los Gatos, CA 95030
Phone No.: (408)399-4100 Fax No.: (408)354-3212 EXHIBIT
Page 1-0 '_- _
a-
• 'The form of Policy of title insurance contemplated by this report is:
CLTA Owner's Standard Coverage Policy- 1990
ALTA 1992 Loan Coverage Policy
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee
Title to said estate or interest at the date hereof is vested in:
Darlene Lobner Stager, by devise
EXHIBIT
Page &: Ouz ._._
Page 2
OrdAr Nn - RMn7-J;117n1C.r,_CKT
.f
Description:
The land referred to herein Is situated in the State of California, County of Santa Clara, City of
Cupertino, and is described as follows:
PARCEL 1:
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 31 TOWNSHIP 7 SOUTH, RANGE 2
WEST.
PARCEL 2:
A PORTION OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST, ONE-QUARTER OF
SECTION 31, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN, AND
DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER SECTION CORNER OF THE NORTH LINE OF SAID SECTION
31;THENCE SOUTH ALONG THE ONE-QUARTER SECTION LINE RUNNING NORTHERLY AND
SOUTHERLY THROUGH THE CENTER OF SAID SECTION 31, 1320 FEET, MORE OR LESS,TO THE
SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 31;THENCE SOUTH 899 'IT EAST ALONG THE SOUTH LINE OF THE
NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 31,TO A
ONE INCH PIPE AT THE SOUTHERLY TERMINUS OF THE LINE DIVIDING LANDS FORMERLY OF
ALVIN B. CARR, ET UX, AND LANDS FORMERLY OF R.F. SCHOMBERG, ET AL, AS SAID DIVIDING
LINE WAS ESTABLISHED BY JUDGMENT MADE IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA ON AUGUST 1, 1949 IN ACTION OF
ALVIN B. CARR, ET UX, PLAINTIFFS, VS. R. F. SCHOMBERG, ET AL, CASE NO. 68372, A
CERTIFIED COPY OF SAID JUDGMENT WAS RECORDED FEBRUARY 16, 1953, BOOK 2581,
OFFICIAL RECORDS, PAGE 504, SAID DIVIDING LINE BEING SHOWN ON MAP OF RECORD OF
SURVEY FILED DECEMBER 12, 1961, BOOK 141 OF MAPS, PAGE 13;THENCE NORTH ALONG
SAID DIVIDING LINE BEING SHOWN ON MAP OF RECORD OF SURVEY FILED DECEMBER 12
1961, BOOK 141 OF MAPS, PAGE 13;THENCE NORTH ALONG SAID DIVIDING LINE AS
ESTABLISHED BY SAID JUDGMENT 1317.83 FEET TO AN IRON PIPE AT THE NORTHERLY
TERMINUS OF SAID DIVIDING LINE IN THE NORTH LINE OF SAID SECTION 31;THENCE NORTH
899 25'WEST ALONG THE NORTH LINE OF SAID SECTION 31,TO THE POINT OF BEGINNING.
ASSESSOR'S PARCEL NUMBER: 351-13-007&351-13-018
I
EXHIBIT
Rage v1-0t . ---
Page 3
Order No.: 56007-51 1 701 65-SKT
4
At the date hereof exceptions to coverage In addition to the printed exceptions and exclusions
contained In said policy form would be as follows;
1 General and Special Property Taxes, and any assessments collected with taxes, including utility
assessments, are a lien not yet payable to be levied for the fiscal year 2001 -2002.
2. General and Special Property Taxes, and any assessments collected with taxes, including utility
assessments, for the fiscal year 2000 - 2001.
Total Amount: $790.46
First Installment: $395.23 Paid
Second Installment: $395.23 Open
Cost: $36,815.00
Land: $28,400.00
Code Area: 85-002
Parcel Number: 351-13-007
3. General and Special Property Taxes, and any assessments collected with taxes, including utility
assessments, for the fiscal year 2000-2001.
Total Amount: $245.70
First Installment: $122.85 Paid
Second Installment: $122.85 Open
Land: $11,863.00
Improvements: $2,996.00
Code Area: 85-002
Parcel Number: 351-13-018
4. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Code of the State of California.
5. Rights of the public, county and/or city in that portion lying within the street as it now exists:
Stevens Canyon Road.
6. Rights and Easements for Navigation and Fishery which may exist over that portion of said land
lying beneath the waters of Stevens Creek.
7. An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
In Favor of: Pacific Gas and Electric Company, a Callfomia
corporation
No representation is made as to the present ownership of said easement.
Purpose: Poles and wires
Recorded: December 30, 1946
Book: 1435
Page: 18
Affects: As therein described
EXHIBIT A
ra!!e --�Lot--Ze—
Page 4
Order No.: 56007-51170165-SKT
purposes. incidental
8. An easement affecting the portion of said land and for the purpose stated herein, and
In Favor of: Pacific Gas and Electric Company
No representation is made as to the present ownership of said easement.
Purpose: Poles, together with all necessary appurtenances
Recorded: December 30, 1946
Book: 1435
Page: 20
Affects:
As therein described
9. An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
In Favor of: The Pacific Telephone and Telegraph Company
No representation is made as to the present ownership of said easement.
Purpose: Wires and cables
Recorded: March 9, 1949
Book: 1755
Page: 491
Affects: As therein described
10. An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
In Favor of:
The Pacific Telephone and Telegraph Company
No representation is made as to the Present ownership of said easement.
Purpose: Wires and cables
Recorded: March 9, 1949
Book: 1755
Page: 493
Affects: As therein described
EXH1131T
Page.--,5- OUZz—
Page 5
Order No.: 56007-51170165-SKT
=_� __P►GE '
tfoow 13
12 T.TS.,a.lw. 39 T.75.,R.2w. 20 [ 351
(1S4_40 AC_} (MO=k)
IMIDPENINSULA
REGIONAL OPENI 1 9240AC TOTAL
\ •t,�w �Y ii; - -- SPACE D15T'I'--"----
p.t� n,,I�~ aA`) 41 �•A,) l4(46V Ac) ` E.
/-v Qom• J a�IAB AC.TOTAL 1 27 \I J
�� I 125bOAc.NET I `- �
COUNTY OF SANTA CZAR A � ,-• l060,
I
I
UPPER STEVENS C EEK 1
2L 25
35 {17'tA<)
31 32
0 1
('1bON Ac) r•190sN Q(-` 1' 11
� 31 '� 'a• /8 /-
COUNTY PARK 7
RQS»I�p
(1
4%%At 10'AI. (44DIAc} �•
4E.V Ac} I
—y I.
COUNTY OF SANTA CLARA
L s (44VAc) I '..�.•
in Y
r
z �
117.20 Ac TOTAL
v
0 I
0 (80^-.) 4(4SUA,) I
m
iJ
NICPENINSULA REGICNAI OPEN SPACE
DISTRICT
Z 91 I (bllA REED RYEY)
35 Eos is 6 ))SS (9a20 HE RAMANN SCR,1)
2t1 Nit X•151 77f
Y•2IS200
'' U8K
DJ 'THE INFUHFhAI IUN ON I HIS VLAT IS PRBi11Btb FbN
{ Q x YOUR CONVENIENCE AS A GUIDE TO THE GENERAL
LOCATION OF THE SUBJECT PROPERTY.THE ACCURACY
OF THIS PLAT IS NOT GUARANTEED,NOR IS IT A PART
OF ANY POLICY,REPORT OR GUARANTEE TO WHICH IT
MAY CE ATTACHED'
i�
EXHIBIT B
WHEN RECORDED MAIL TO:
lidpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Michael C. Williams
GRANT OF RIGHT OF FIRST OFFER
This Right of First Offer Agreement (hereafter"Agreement") is entered into this date of
between DARLENE LOBNER MARTIN, a married woman as her sole and
separate property who acquired title as Darlene Lobner Stager(hereinafter"Grantor") and Midpeninsula
Regional Open Space District, a California Special District (hereinafter"District").
RECITALS
A. Grantor is the fee owner of certain real property (hereinafter called "Parcel A") and commonly
referred to as Santa Clara County Assessor's Parcel Number 351-13-018, situated in an
unincorporated area of the County of Santa Clara, State of California, and more particularly
described in Exhibit "I", as attached hereto and incorporated herein by this reference.
B. District is the fee owner of certain real property (hereinafter called "Parcel B" and "Parcel C"), and
commonly referred to as, respectively, Santa Clara County Assessor's Parcel Numbers 351-13-007
and 351-13-004, located adjacent to Parcel A, and more particularly described in Exhibit"II"
attached hereto and incorporated herein by this reference.
C. It is the desire of Grantor to grant District and the right of the District to receive a right of first offer
as more particularly described herein.
NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which is hereby
acknowledged, Grantor hereby agrees as follows:
I. GRANT OF RIGHT OF FIRST OFFER
A. Grantor shall not sell or agree to sell all or any portion of Parcel A without first offering
Parcel A or the portion of Parcel A for sale to District. The word "sell" shall include any transfer,
conveyance, or assignment, of all or any portion of Parcel A, except for a transfer by bequest, gift, trust
or inheritance. In the event of a transfer of all or a portion of Parcel A by gift, bequest, family trust, or
inheritance, this right of first offer shall remain in effect against the person or entity holding title or other
interest in Parcel A as a result of said transfer.
B. Grantor hereby grants to District a right of first offer to purchase Parcel A. Prior to
placing any or all of Parcel A on the Market for sale or prior to agreeing to sell any or all of Parcel A to
a third party upon receipt of an unsolicited offer to purchase all or a portion of Parcel A, and before
there can be consummation of any sale or transfer of all or any portion of Parcel A, except as provided j
hereinabove, Grantor shall first offer said Parcel A or part thereof to District in the following manner:
Grant of Right of First Offer—Exhibit B Page 2
1. Notice. Grantor shall give District written notice (hereinafter"Notice") of his or
her desire to sell Parcel A, or notice of his or her desire to accept an unsolicited third party purchase
offer for Parcel A. Such Notice shall state the price and terms and conditions under which Grantor is
willing to sell as follows:
i
a. If Grantor desires to sell Parcel A, Grantor and District shall thereafter, in
a good faith effort, attempt to agree upon a mutually acceptable price for Parcel A (the "Agreed Upon
Price"). If, within 10 days of District's receipt of the Notice, Grantor and District cannot agree upon a
purchase price for Parcel A or the portion of Parcel A, the parties agree to implement the Appraisal
Process under the procedures set forth in Subsection I.B2, hereinbelow as the method to establish the
fair market value of Parcel A or any portion of Parcel A. If District notifies Grantor that it does not wish
to exercise its right of first offer as provided in Subsection I.134, the parties agree that Grantor shall be
free to offer Parcel A or portion thereof for sale to other parties. If the Parties consent to an Agreed
Upon Price (either by agreement or by the Appraisal Process), District shall make its election to
purchase Parcel A or the portion of Parcel A as provided for in Subsection I.133 to allow Grantor to sell
to District and District to exercise its Right of First Offer without Grantor listing the property on the
open Market, Grantor understands and agrees that once Grantor gives District Notice of its desire to sell,
Grantor must sell to District, at District's election as provided in Subsection I.133.
b. In the event Grantor receives an unsolicited bona fide offer to purchase all
or a portion of Parcel A from a third party (which bona fides shall be subject to verification by District),
Grantor shall give Notice to District including a copy of such offer, which shall set forth the price, terms
and conditions of such offer, and a statement of Grantor's intention to accept such offer. The Appraisal
Process shall not be used if Grantor receives an unsolicited third party offer, and District shall have the
right to either make its election to match said purchase offer or to decline to match said purchase offer
for Parcel A or the portion thereof as provided for in the corresponding Subsections I.133 or I.134.
2. Appraisal Process. If no agreement upon a purchase price is reached within ten
(10) days of the date of District's receipt of the Notice (except for an unsolicited bona fide offer from a
third party), the parties shall attempt to agree upon the appointment of an independent appraiser or,
failing that, within an additional 10 day period, they shall each appoint an appraiser and the two
appraisers shall within an additional
onal 10 days, select a third independent appraiser to determine such fair
market value. As soon as possible, but no later than forty-five (45) days after District receives the
Notice, said independent appraiser will determine the fair market value of Parcel A, or such portion of
Parcel A as Grantor has offered for sale.
3. District's Election to Purchase. Within twenty-one (21) days after District
receives the Notice, or the independent appraiser's determination of the fair market value if the
Appraisal Process is used, whichever is later, District shall have the prior right to elect to purchase said
property at the Agreed Upon Price; provided, however, that the purchase must be consummated by
District with the close of escrow as soon as possible, but in no event later than sixty(60) days after its
election to exercise its Right of First Offer(unless any further delays are caused by default or breach on
the part of Grantor). Such right may be exercised in writing by personal delivery to Grantor of a notice,
as provided in Section III.F herein, of District's exercise of its right to purchase. In the event that
District so elects to purchase the property, the District shall be required to pay cash at the closing
thereof, unless Grantor and District have agreed upon other terms of financing the purchase.
Grant of Right of First Offer— Exhibit B Page 3
4. District's Election Not to Purchase. If District notifies Grantor that it does not
wish to exercise its right of first offer or if the right is not exercised within the t�venty-one (21) day
period. Grantor shall be free to offer Parcel A for sale to other parties.
11. MISCELLANEOUS.
A. All of the grants, covenants, conditions and restrictions contained above shall be binding
upon Grantor, his successors and assigns, lessees and any and all other persons acquiring all or any
portion of or interest in as Santa Clara County Assessor's Parcel Number 35 1-13-0 18 that is subject to
the provisions of this Grant of Right of First Offer, whether by operation of law or in any other manner
whatsoever. All of the grants, covenants, conditions and restrictions contained in this instrument are for
the benefit of. (i) District, its successors and assigns; and (ii) Parcel B and Parcel C, as described herein.
B. All of the provisions hereof shall be covenants running with the land pursuant to
applicable law, including, but not limited to, Section 1468 of the Civil Code of the State of California. It
is expressly agreed that each grant, covenant, condition or restriction contained herein to do or to refrain
from doing any act:
1. Is a burden upon Parcel A and each portion thereof and interest therein that is
subject to the provisions of this instrument, and
2. Shall be binding upon each successive owner during its ownership of Parcel A or
portion thereof or interest therein, derived in any manner.
C. Consideration. The consideration for this Right of First Offer is the purchase price paid
by District to Grantor for purchase of Grantor's Parcel B(Santa Clara County Assessor's Parcel No. 35 1-
13)-007) pursuant to the Purchase Agreement entered into between District and Grantor current with the
execution of this agreement.
C�
D. Term. District's Right of First Offer shall begin upon the date of execution of this
document by District and shall continue for a term of thirty years.
E. Assignment; Successors. District's rights and obligations under this Agreement shall not
be assigned without Grantor's prior written consent, and any assignment without that consent shall be
void, except transfer by District to another public agency or non profit organization having a similar
purpose. Subject to this restriction, this Agreement shall inure to the benefit of and be binding on the
parties and their respective successors, heirs, personal representatives, and assigns.
F. Notices. All notices, demands, requests, and exercises under this Agreement by either
party shall be delivered by had, sent by United States Mail, Registered or Certified, postage prepaid.
addressed to the other party, or sent by telecopy or similar means, if a copy of the notice is also sent by
United States Certified Mail as follows:
Grant of Right of First Offer— Exhibit B Page a
District: Attn: General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Tel: 650-691-1200
Fax: 650-691-0485
Grantor: Darlene Lobner Mar-tin
3841 Lakeside Drive, Penthouse TS5
Atlanta, GA 30326
(404) 995-9434
Notices, demands, requests, and exercises served in this manner shall be considered sufficiently given or
served for all purposes under this Agreement at the time the notice, demand, request, or exercise is
delivered by hand, when postmarked to the addresses shown above, or on transmittal by telecopier or
other similar means, provided that a transmission report is generated that reflects the accurate
transmission of the notices.
The addresses above may be changed by written notice to the other party; provide, however, that no
notice of a change of address shall be effective until actual receipt of the notice. Copies of notices are
for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed
a failure to give notice.
G. Construction. In construing this Agreement, the singular form shall include plural and
vice versa. This Agreement shall not be construed as if it had been prepared by one of the par-ties, but
rather as if both parties have prepared it. Unless otherwise indicated, all referenced to sections are to
this Agreement.
H. This Agreement shall be interpreted and construed in accordance with California law.
GRANTOR: DISTRICT:
Midpeninsula Regional Open Space District
By:
Darlene Lobner Martin, a married woman By:
as her sole and separate property President, Board of Directors
Date: Date:
Attest:
District Clerk
Date:
Grant of Right of First Offer— Exhibit B NO,e
EXHIBIT I
PARCEL A:
The land referred to herein is situated in the State of California, County of Santa Clara, City of
Cupertino. and is described as follows:
A PORTION OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST
ONE-QUARTER OF SECTION 31, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO
BASE AND MERIDIAN, AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE ONE-QUARTER SECTION CORNER OF THE NORTH LINE SAID
SECTION ')1; THENCE SOUTH ALONG THE ONE-QUARTER SECTION LINE RUNNING
NORTHERLY AND SOUTHERLY THROUGH THE CENTER OF SAID SECTION 3 1; 1320 FEET,
MORE OR LESS, TO THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF
THE NORTHEAST ONE-QUARTER OF THE SAID SECTION 3 1: THENCE SOUTH 89*17' EAST
ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF DAID SECTION 31, TO A INE INCH PIPE AT THE SOUTHERLY TERMINUS OF
THE LINE DIVIDING LANDS FORMERLY OF ALVIN B. CARR, ET UX, AND LANDS
FORMERLY OF R.F. SCHOMBERG, ET AL, AS SAID DIVIDING LINE WAS ESTABLISHED By
JUDGEMENT MADE IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR THE COUNTY OF SANTA CLARA ON AUGUST 1, 1949 IN ACTION OF ALVIN B. CARR,
ET UX, PLAINTIFFS, VS. R. F. SCHOMBERG, ET SL, CASE NO. 68372, A CERTIFIED COPY OF
SAID JUDGEMENT WAS RECORDED FEBRUARY 16, 1953, BOOK 2581, OFFICIAL RECORDS.
PAGE 504, SAID DIVIDING LINE BEING SHOWN ON MAP OF RECORD OF SURVEY FILED
DECEMBER 12, 196 BOOK 141 OF MAPS, PAGE L3): THENCE NORTH ALONG SAID
DIVIDING LINE BEING SHOWN ON MAP OF RECORD OF SURVEY FILED DECEMBER 12,
1961 BOOK 141 OF MAPS, PAGE 13; THENCE NORTH ALONG SAID DIVIDING LINE AS
ESTABLISHED BY SAID JUDGEMENT 1317.83 FEET TO AN IRON PIP AT THE NORTHERLY
TERMINUS OF SAID DIVIDING LINE IN THE NORTH LINE OF SAID SECTION3 1; THENCE
NORTH 89* 25' WEST ALONG THE NORTH LINE OF SAID SECTION 31, TO THE POINT OF
BEGINNING.
ASSESSOR'S PARCEL NUMBER: 351-13-018
Grant of Riuht of First Offer— Exhibit B Pa<ue 6
EXHIBIT II
PARCEL B:
The land referred to herein is situated in the State of California, County of Santa Clara, City of
Cupertino, and is described as follows:
THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 31 TOWNSHIP 7 SOUTH, RANGE 2
WEST.
ASSESSOR'S PARCEL NUMBER: 351-13-007
PARCEL C:
The land referred to herein is situated in the State of California, County of Santa Clara, City of
Cupertino, and is described as follows:
LOT'S 8 AND 13 AND THE EAST '/2 OF THE SOUTHWEST '/4 OF SECTION 30, TOWNSHIP 7
SOUTH OF RANGE 2 WEST OF M.D.M.
ASSESSOR'S PARCEL NUMBER: 351-13-004
a� r
Exh i bit C I
�\,_.—�^ � '•\\ \� A\'�\\�:"'•...._._�\�\ 1,\�,`Tti.—......-.1 �_/,/ ! � � � � {�'-"•--�_ — / ,�
,\ ��� \ -�• 1,\. ,,,. � �.�- � ,
o nN�
,)
�pab, 4 e�e,—_
/, �iJ j��, j ..__ \ \\.. East/West
y
^~ - �\ �`\ Property Boundary
Vacan 6atie \ Parcel 2
Location \ `'•\ (APN 351-13-018)
Parcel 1..•
{APN �51-fi3-07)- , ■ 1 m, . \\\.\ — - _ \` .
- - ApProxirn te\Locatio ~ �, -
j } c of Rental Cabins\
i \ \` \ \� ,1 �^�•.� \\` \_ter' .�.._. �`\^ � � / � ��.,,..�_\ \ \\� \ ``�\\��` t•.•\ ��\ '\,�
,
k \
r-
}
0 500 1000 Feet
Regional Open ice
g P
Ao-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-3 5
Meeting 01-07
March 14, 2001
AGENDA ITEM 3
AGENDA ITEM
Adoption of the Action Plan For the Implementation of the is Basic Policy for Fiscal
Year 2001-2002
GENERAL MANAGER'S RECOMMENDA ION
Adopt the 2001-2002 Action Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional Open Space District.
DISCUSSION
You reviewed the proposed Preliminary Action Plan at your January 31, 2001 meeting (see
Report R-01-15 and changes were discussed at that time. All of our comments and proposed
P ), Y p p
changes were discussed with the Administration and Budget Committee on your behalf and
incorporated into the attached Action Plan. The resulting modifications are shown in a strike-out
and double-underline format. Following your approval,the Action Plan will be printed in final
form.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Same as above
I
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,Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton
OPEN SPACE ACQUISITION DEPARTMENT
Programs
A. Negotiations and Special Projects
B. Enterprise
C. Land Protection
To Implement the
BASIC POLICY OBJECTIVE:
The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open
space land within the District planning areas, including baylands and foothills. The District seeks to link its
open space lands with federal, state, county, and city parklands and watershed lands.
General V � Department Emphasis for 2001-2002
The department's emphasis will be to acquire the higher priority projects funded under the District's
Financing Authority. Lower priority properties will be pursued through long-term options, available grant
funding, bargain sales, and gifts. The District will continue to work with Peninsula Open Space Trust
(POST)to acquire land and to further the District's overall open space acquisition goals. The Enterprise
Program will focus on maximizing rental income consistent with Open Space Management policies, and on
maintaining and improving District rental structures. The Land Protection Program will focus on
conducting comprehensive land acquisition studies, monitoring land use planning activities where interests
in land may be enhanced, and protect interests in land by resolving conflicts arising from easement and
encroachment issues. With the voter approval of the Safe Neighborhood Parks, Clean Water, Clean Air and
Coastal Protection Bond Act of 2000 (Proposition 12), and the Safe Drinking Water, Clean Water
Watershed Protection and Flood Protection Bond Act of 2000 (Proposition 13), the District will apply for
per-capita and competitive grants to maximize available grant funding.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Land Acquisition Manager(vacant position)
Real Property Representative
Senior Acquisition Planner
Land Protection Specialist
Administrative k e i l „ t> ,<, Assistant
Real Propem Specialist
Page 1
2001-2002
Negotiations and Special Projects Program
Objective
To provide for the acquisition of all real property rights necessary to secure an open space
greenbelt in the foothills and baylands, including rounding out and improving public access to
existing preserves and connecting District preserves with other public lands.
Key Projects
1. New Land Commitments - Convert the budgeted funds in the New Land Commitments
budget category into open space lands, at desirable prices, focusing on the higher priority
properties which specifically protect the greenbelt, including rounding out and improving
public access to existing preserves, connecting to other preserves or public lands,
protecting the natural habitat and resources, and furthering the completion of the San
Francisco Bay Trail and Bay Area Ridge Trail with potential ultimate trail connections to
the Pacific Coast. Balance the desirability of potential acquisitions with the availability
of budgeted funds, including, if possible, private financing with favorable terms.
2. Pursue Key Acquisitions -To protect the scenic ridgeline at the District's northern
boundary, pursue negotiations to acquire critical properties under threat of present or
future development. Complete the acquisition of the Peninsula Open Space Trust (POST)
owned Upper Bear Creek property utilizing $5,000,000 in District obtained grant
funds and $5,000,000 of donations to POST. Pursue acquisition of important properties
at District's southern and central boundaries linking District lands with State park lands,
including a potential connection between the Bay Area Ridge Trail and coastal trails.
3. Grants, Gifts,Bargain Sales and Joint Acquisitions -To augment acquisition funds,
explore new rant opportunities, and focus on acquiring open space lands through bargain
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sales, and/or gifts where possible. Pursue the joint acquisition of appropriate properties
with Santa Clara County Parks near the Lexington Reservoir. Work closely with
Peninsula Open Space Trust(POST)to pursue grant opportunities through the San
Francisco Bay Area Conservation Program to acquire lands adjacent to the Sierra Azul
and Mills Creek Open Space Preserves, and other grant opportunities to acquire land that
provide potential regional and coastal trail connections such as the POST owned Loma
Prieta Ranch property.
4. Alternative Acquisition Methods -Obtain Board approval of appropriate options, at
market prices or less, to acquire desirable properties that might be affordable through
grant applications in future years. Explore various alternative terms of purchase
(installment purchases, defeasible fee, exchange of agricultural easements to preserve
open space lands, etc.)to offer advantages and incentives to landowners, as well as cost
savings to the District.
Page 2
Other Projects and Activities
l. Maintain a multi-year spending plan for open space acquisition which optimizes use of
cash and borrowed funds to accomplish acquisition goals within budget constraints.
2. Assist the Planning Department, when appropriate, in the coastal annexation process
through the Local Agency Formation Commission in San Mateo County.
3. Pursue a public financing measure with favorable terms to provide additional land
acquisition funds if deemed appropriate by the District Controller.
4. Provide information for on-going acquisition planning and priorities to the Planning
Department.
S. Explore additional methods to protect open space lands for less than the total cost of fee
acquisition (open space easements, acquisition of development rights, development
dedication, exchange or sale of development rights, cooperation with private individuals,
land trusts, groups, etc.).
6. Encourage other agencies to acquire through various means, including grants, park and
open space lands that are consistent with their goals and which compliment the District's
greenbelt program.
7. Initiate and maintain contacts with landowners, real estate appraisers and brokers,
developers, architects, engineers, zoning and planning officials, and financial institutions.
8. Maintain a relocation assistance program utilizing staff and consultants as necessary.
9. Compile current information on real estate market activity, including ordering
preliminary title reports on a timely basis for research into potentially available
properties.
10. Catalog information of special interest, such as deed restrictions, encumbrances,
financing and tax considerations. This activity includes the establishment and
continuation of a working relationship with title companies and other information
sources.
Page 3
2001-2002
Enterprise Program
Objective
To manage all of the District's revenue-producing activities in such a way as to maximize income
from enterprise accounts consistent with Open Space Management policies, incorporating
compatible new programs when possible.
Key Projects
l. Administer Enterprise Accounts - Administer rental accounts, communication and
agricultural leases, consistent with open space management policies, to maintain and
enhance revenue stream through competitive and current rate structure, effective
maintenance programs and communication with tenants.
2. Maintain Rental Structures - Carry out maintenance and improvements to rental houses
to keep buildings and grounds in a safe, sanitary, and attractive condition, and to increase
net rental income. Work with Operations Department to implement a uniform water
system and maintenance plan for District rental structures in the Skyline Area.
Administer long term and recurring maintenance priorities on rental properties.
3. Administer Historic Leases - Oversee lease compliance and renovation requirements at
the historic Picchetti winery, Thornewood estate, and Fremont Older house. Pursue lease
extension and potential agricultural lease with new tenant as part of the historic Picchetti
winery.
4. Identify District Housing Needs - Work with other Departments to assess the need and
feasibility of expanding the District's employee housing for the appropriate enterprise
properties.
Other Proiects and Activities
l. Prepare annual rental surveys on District rental houses and Ranger residences.
2. Assess the economic viability of a sale of term ownership for long-term interest
arrangement(estate for years, lifetime tenancy), or, if necessary, the disposition for the
former Smith residence at Russian Ridge Open Space Preserve consistent with Board
policies.
3. Investigate new enterprise proposals as initiated by other groups or individuals that would
be compatible with District goals and objectives.
4. Consolidate District's communication leases and maximize communication rental
income.
5. Administer lease of additional office space at 330 Distel Circle.
Page 4
2001-2002
Land Protection Program
Objective
To preserve and protect District open space lands by conducting land acquisition planning
activities to identify acquisition priorities and, once acquired, to further protect these lands by
defending the District's property rights from incompatible and encroaching land use activities.
Key Projects
1. Land Acquisition Planning-To provide comprehensive land acquisition studies to
guide the acquisition program, including reviewing and updating acquisition priorities.
Provide site specific information to land negotiators to assist them in developing terms
and conditions for acquisition projects. Seek acquisition grant opportunities from
Proposition 12 and other funding programs for high priority projects. Encourage Santa
Clara Valley Water District to assist in preparation of the Sierra Azul Master Plan and
participate in acquisition efforts. Continue to collaborate with Planning and Operations
Departments to facilitate incorporation of land acquisitions into the District greenbelt.
2. Land Development Monitoring-To protect public and private open space lands from
negative impacts associated with adjacent land development where there is a relationship
to the District's land interests. Work with local jurisdictions, environmental
organizations and private property owners in trying to protect open space lands through
the public review processes. When appropriate, partner with private property owners in
seeking balanced land use plans that will maximize open space preservation.
3. Easement Monitoring-To protect and monitor District lands encumbered by private
and public easements, and conversely, protect District-owned open space easements
where located on private and public lands. When easements are potentially violated,
resolutions will be sought that protect and enhance open space values and minimize legal
costs. Seek compliance with easement terms or, if necessary, seek modifications to
enhance open space protection. Seek a grant from Bay Area Open Space Council to
develop a digital database and training program for documentation of easement
information.
4. Encroachment Reduction -To protect open space lands from encroachments and
preserve District real property rights. Work closely with Planning, Operations, and Legal
Departments to achieve early identification of potential encroachments and seek
resolution by negotiations and enforcement, if necessary. Use a variety of techniques to
resolve encroachment issues including restoration, mitigation and boundary line
adjustments to maximize open space protection. In coordination with Operations.,
Legal and Public Affairs Departments, develop a procedural manual for handling
encroachments and identifying and resolving property rights v=f T, _ ,r v issues on District
land.
Page 5
Other Proiects and Activities
l. Review land development proposals and monitor easements to achieve encroachment
reduction.
2. Review and update land acquisition priorities and begin to integrate into District's
Geographical Information System.
3. Conduct land acquisition studies and related planning activities, prepare acquisition
reports, and conduct due diligence investigations when necessary.
4. Establish method for monitoring and responding to easement agreements involving
private inholdings and other lands where complex purchase agreements have resulted in
the need for proactive management of such agreements.
6. Administer the District volunteer conservation easement monitoring program, and
continue to incorporate GPS/GIS and digital image technology into the easement
monitoring program.
7. Work with Legal Program to perfect land rights where titles to existing District lands are
threatened by encroachment, claim of adverse rights, liens, or other interference with real
property rights. Establish an approach to resolving a variety of property rights issues at
Bear Creek Redwoods Open Space Preserve.
4-44. Work with Legal Program and Operations Department in negotiating road agreements
and resolving encroachments with adjoining property owners to ensure District's real
property rights are protected and minimize the District's maintenance responsibilities
where appropriate.
4-479. Initiate and maintain contacts with landowners, county code enforcement officers,
zoning and planning officials, surveyors and various regulatory agencies.
10. Work to clear and perfect title on District-owned land through the orderly, prioritized
disposition of title and legal encumbrances (mineral and water rights, claims of
prescriptive easements, encroachments, etc.) where appropriate.
Page 6
OPEN SPACE PLANNING DEPARTMENT
Programs
A. Advance and Resource Planning
B. Current Planning and Capital Improvements
To Implement the
BASIC POLICY OBJECTIVES:
The District follows management policies that ensure proper care of the land, provide public
access appropriate to the nature of the land, and that are consistent with ecological values and
public safety.
The District works with, and encourages,public and private agencies to preserve, maintain, and
enhance open space.
The District protects and restores the natural diversity and integrity of its resources for their
value to the environment and the public, and provides for the use of the preserves consistent with
resource protection.
General Department Emphasis for 2001-2002
The Open Space Planning Department will take a broad-based approach to planning and project
implementation that emphasizes resource management. Planning efforts will focus on providing
public access while preserving and protecting the diversity and integrity of the District's
environmental and cultural resources. In concert with resource planning, projects and activities
will include early analysis to ensure compliance with environmental regulations.
Work will continue on projects initiated in previous years,particularly those that are high priority
or funded by grants, including the Coastal Annexation, beginning the Sierra Azul Master Plan,
completing FEMA-funded projects and conducting resource inventories. The Work Program
will include time allocations at all Planning staff levels to support other Departments with
projects, such as on-the-ground resource management, new acquisitions, land protection, legal
issues, GIS and GPS services.
Staff Resources
Planning Manager
Senior Planner(1)
Open Space Planner II (2)
Open Space Planner 1 (2)
Planning Technician (2)
Administrative Assistant(1)
GIS Intern(1/2)
Page 7
2001-2002
Advance and Resource Planning Program
Objective
To formulate plans, policies and procedures for the management and development of open space
preserves. Facilitate resource inventories and other scientific study of the District's lands. In
conjunction with the Resource Management Specialist, prepare environmental restoration,
habitat enhancement and resource management plans. Develop and maintain GIS data sets
necessary to support the District's acquisition, resource planning and capital improvement
projects.
Key Projects
1. Annexation of the San Mateo County Coast—Administer and coordinate the consultants'
contract to accomplish the annexations. Review and comment on the Fiscal Analysis, Draft
EIR and Service Plan. Work with consultants to resolve issues as these documents are
developed. Update public officials, stakeholders and County staff of the District's progress.
Develop a multi-media Power Point presentation for use in presenting the goals of the
annexation to elected officials and the community at-large.
2. Sierra Azul Master Plan—Prepare an Administrative Draft Summary of the Resource
Inventory. Develop a multi-media Power Point presentation and collateral materials for
public information and project scoping meetings. Select a consulting team and initiate the
Master Planning process, expected to continue through FY 2003/2004.
3. Bear Creek Redwoods Master Plan—Identify key resource issues and develop a scope of
work and project framework. Identify the stakeholders and develop a public participation
program. Request proposals and select a Master Plan consultant.
4. La Honda Creek Resource Inventory—In anticipation of beginning a Master Plan, prepare
regional vegetation maps for resource studies. Develop a public participation process for the
Master Plan effort. Seek grant funding for coastal watershed and salmonid habitat restoration.
5. Resource Management Strategic Plan—Work with the Operations Department to develop
a Five-Year Resource Management Strategic Plan that establishes goals, sets priorities and
identifies staffing needs.
• Amend the Open Space Use and Management Planning Process to emphasize
resource planning and management.
• Develop site-specific resource management plans that identify key resource
management on-the-ground projects.
• Develop resource elements for preserve Use and Management Plans and Master
Plans.
• Work with Resource Management Specialist to identify environmental restoration and
habitat enhancement projects.
Page 8
Other Projects and Activities
1. Land Acquisition Support—Implement the Land Management System Work Group
recommendations to provide planning support on acquisition projects. Prepare
environmental documentation and develop the resource component of Interim Use and
Management Plans for new acquisitions.
2. Outside Project Review—Review other agencies' policies and regional planning
efforts, and comment as necessary to ensure regional coordination and
implementation of the District's mission.
• San Francisco Airport Expansion
• Peninsula Watershed Master Plan EIR Certification
• San Mateo County Parks Vegetation Management Plan
• Mid-Coast Local Coastal Program Update
• Santa Clara Valley Water District Mitigation Plan
• San Francisq-uito Creek Joint Powers Authority Activities
3. Use and Management Planning—Provide staff support to Use and Management
Committee's analysis of alternatives to provide access to the Bay Area Ridge Trail
through Windy Hill Open Space Preserve. Provide staff support to the Ad Hoc Trail Use
Committee's analysis of cycling-only and one-way cycling trails.
4. GIS/GPS Development—
• Acquire Santa Clara County GIS parcel data.
• Update the District land-holdings database. Plot updated wall maps.
• Develop GPS data dictionary to standardize data collection.
• Update Patrol Map Books. Coordinate with field staff to refine trail alignments and
location of gates and facilities.
• Develop a Regional Resource Inventory. Compile and synthesize all known cultural
resources sites, Rare/Threatened/Endangered species and habitat locations into GIS
and plot maps for field and main offices. Acquire resource maps available from other
agencies.
5. District CEQA Guidelines—Work with the Legal Department to review and amend the
District's policies regarding adoption and implementation of the California
Environmental Quality Act(CEQA) Guidelines.
Refer to the attached Planning Department Work Program FY 2001/2002.
Page 9
2001-2002
Current Planning and Capital Improvements Program
Objective
To emphasize preservation and enhancement of resources and compliance with environmental
regulations in the design of construction projects and the development of Use and Management
Plans and upcoming Master Plans. Give the highest priority to completing grant-funded projects
and storm damage repairs. Group key construction activities in close geographic proximity to
reduce the impact on natural resources (roads, vegetation, etc.), lessen interference with public
use, use staff time more efficiently and reduce overall project costs.
Key Projects
1. El Corte de Madera Creek Open Space Preserve
• Virginia Mill Trail and Creek Crossing (FEMA Grant expires 2002)—Design,
engineering and construction.
• Methuselah Creek Crossing (NRTFA Grant expires 2002)—Design, engineering and
construction.
• Lawrence Creek Bridge—Engineering completed. Repair footings.
• Trail Realignment around Sandstone Formation(NRFTA Grant expires 2002)—
Layout and construction.
• Study Area 2 Trail Realignments and Parking Lot along Skyline (To be partially
funded by Hiking & Riding Trail Grant)—Prepare project description and complete
grant application. Hire consultant to prepare plans and conduct community workshop.
Construction anticipated in FY 2002/2003.
2. Pulgas Ridge Open Space Preserve (Dependent upon 50% Budget Augmentation or
LWCF Grant)—
• Seek grant funding for project development.
• Work with Land Acquisition to resolve boundary line issues.
• Review the Use and Management Plan to reaffirm or amend the following:
e staging area location
a trail layout
o overall use of the preserve, including on- and off-leash dog areas.
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Page 10
3. Long 1; P P Ridge Open Space Preserve
• Repair School Road(FEMA Grant expires 11/2001)-Prepare engineering drawings
to repair storm-related damage including a slip-out under the roadway, blocked
drainage and disturbed roadbed.
• Layout Mad- CA„g-t-met Am] T...,;1 Bay Area Ridge Trail Segment at Saratoga Summit
Gateway (LWCF Grant) Layout trail to provide access to the southeastern area of the
Preserve and to serve as an alternative to the Bay Area Ridge Trail between Saratoga
Gap and Long Ridge with connections to the Bay Area Ridge and the Skyline-to-the-
Sea Trails.
4. Other FEMA-Funded Projects
• Skyline Ridge Open Space Preserve-Old Page Mill Road(FEMA Grant expires
11/2001)-Prepare engineering drawings to repair storm-related damage including a
slide and disturbed roadbed.
• Purisima Creek Redwoods Open Space Preserve-Grabtown Gulch Bridge and Trail
(FEMA Grant expires 12/2001)-Remove Grabtown Bridge from preserve and install
at Bear Creek Redwoods pending resolution to structural issues and timing. If not
reused, salvage and sell bridge components and dispose of remainder. Lay out trail
between Grabtown Gulch and Borden Hatch on north side of Purisima Creek,
including trail bridge.
Other Projects and Activities
-Work with Operations to compile a draft handbook
1. Standa
rd Details and Specifications
p p
of technical standards for construction, repair and maintenance of roads, trails and other
improvements. This project will continue through FY 2002/2003.
2. Outside Project Review-Review and comment as necessary on site-specific projects
within close proximity to, or that affect District lands.
• Stanford University Community Plan
• Ravenswood Industrial Park Redevelopment Plan
• Review agendas and minutes of Cities, Counties and Open Space/Parks agencies
3. Permits to Enter- Review alterations to District land or installation of facilities proposed
by other agencies or private parties. Develop permit conditions to ensure protection,
preservation or restoration of the affected lands. Work with Operations to monitor
activities to ensure compliance with conditions.
4. La Honda Creek Open Space Preserve-Coordinate consultants' work to prepare historic
survey of Red Barn and Ranch House and complete structural engineering studies.
Manage construction contract to improve structural integrity, replace roof and repaint
buildi barn. Prepare plans and specifications for house addition.
Page 11
5. Foothills Field Office—Work with architectural and engineering consultants to evaluate
overall operational needs. Direct architect in preparing custom details for prefabricated
shop building to replace existing structure. Construct shop building. Construct drainage
improvements around Annex building to prevent further damage to chimney foundation.
5. Administrative Office Interior& Exterior Improvements—Coordinate construction
contract to finish interior improvements to accommodate increased staff. e-seH-AM-11A
to-Work with available sources to survey building's energy-efficiency and make
recommendations for improvements. Coordinate re-roofing work and parking lot repairs
including cutting and patching root-damaged areas, resealing and re-striping.
Defer to the attached Planning Department Work Program FY 2001/2002.
Page 12
OPERATIONS DEPARTMENT
PROGRAMS
A. Field Operations
B. Resource Management
To Implement the
BASIC POLICY OBJECTIVE:
The District follows management policies that ensure proper care of the land, that provide public
access appropriate to the nature of the land, and that are consistent with ecological values and
public safety.
General Department Emphasis for 2001-2002
Continue to provide responsible stewardship of all District lands by furnishing those public
safety, maintenance, construction, and resource management activities necessary to protect and
enhance the natural resources and ensure safe and appropriate use of District lands.
Implementation of Board-adopted Resource Management Policies, Trail-Use Policies and
Guidelines and the Operations Program Plan will continue to be the primary focus of the
Operations Department.
Staff Resources
Operations Manager
Area Superintendents(2)
Support Services Supervisor
Management Analyst
Resource Management Specialist
Supervising Rangers (4)
Maintenance & Construction Supervisors (2)
Administrative Assistant
Rangers (14)
Equipment Mechanic-Operators (2)
Lead Open Space Technicians(4)
Open Space Technicians
Farm Maintenance Worker
i ;, 4,14,1_9,,000 Seasonal Open Space Technician hours
Page 13
2001-2002
Field Operations Program
1. Operations Program Review — Continue work on high priority tasks identified in the
Operations Action Plan, and incorporate the tasks into the regular Operations work plans.
a. Update of Field Operations Manual—For increased clarity and ease of use, each policy
statement will be updated with a procedure to assist in implementation. A change to a
new format will permit sections to be updated with ease. Complete revisions by
November 2001 and bring to field staff with a training session.
b. Upgrade of Current Radio System—Establish two new repeater sites and secure
Federal Communication Commission approval for frequency use. Request approval for
repeater equipment purchases within the 2001-2002 budget; be operational by April 2002.
c. Improvement of the Training Program—Establish a standardized training program for
Operations staff. Create a database that would assist in producing an annual training
calendar for field staff.
2. Restoration and Mitigation of Off-trail Impacts of Public Use—Close and restore existing
undesignated trails and shortcut trails. Increase efforts to prevent the establishment of
undesignated trails. Mitigate natural resource impacts and improve alignments of existing
trails to minimize erosion. Work to ensure visitor compliance with restoration area closures.
The focus for this fiscal year will be on areas where compliance is poor or high rates of
vandalism occur.
3. Improvement of the data collection methods in the Operations Department—Improve
the collection and use of information about enforcement activities and incidents occurring on
District lands. Convert from the current manual system to a computerized database system.
Participate with other departments on the development of District-wide databases.
4. Interpersonal Communication Skills and Performance Standards Development—
Continue to build on the influencing skills training received by the entire staff since 1996;
assist in the training of communication skills of all new employees. Implement the
performance standards developed for supervisors and begin developing performance
standards for other staff. Provide leadership and supervision training to supervisors as
necessary to facilitate the completion of these tasks and enhance the overall quality of
supervisory skills within the Department.
5. Deer Hollow Farm Agreement—Complete negotiations with the City of Mountain View
for a long-term agreement on the operation of Deer Hollow Farm. Seek terms and conditions
compatible with the agreement with Santa Clara County for the management of Rancho San
Antonio County Park.
Page 14
Other Projects and Activities
1. Patrol Services
a. Monitor public use and land use regulation compliance. Assist in the education of the
visiting public on proper use of District preserves.
b. Enforce District land use regulations by providing active ranger patrol and afterhours call-
out response. Implementing patrol agreements with other agencies.
c. Respond to accidents and other emergencies occurring on District lands.
d. Identify and mitigate potential hazards on open space preserves to enhance public safety.
e. Monitor special events, use permits, and resource protection-related impacts on District
lands.
f. Conduct focussed ranger patrols in identified areas where high numbers of District ordinance
violations occur.
g. Assist Land Protection Specialist with identification and mitigation of encroachments to
District preserves.
2. Maintenance and Construction
a. Continue to explore cost-effective methods of meeting site maintenance needs.
b. Participate in the development of Use and Management Plan recommendations.
C. Maintain lands in an environmentally sensitive manner, utilizing resource
management practices.
d. Maintain buildings, vehicles, and equipment to maximize utility and longevity.
e. Provide supervision and assistance to volunteer projects.
f. Assist in the repair and maintenance of employee and enterprise housing.
3. Management and Administration
a. Expand the liaison efforts with local police, fire, municipal court, and other public
jurisdictions.
b. Use established purchasing practices to purchase vehicles and equipment for the best
price.
C. Coordinate occupational health and safety program for field operations.
Page 15
d. Manage the establishing of a training and skills program to develop and enrich field
staff job skills.
e. Expand the communications between the field offices and main office, through better
phone systems, e-mail capabilities and better record data systems.
f. Update permit policies, including a review of the blanket permit system and permit
fee structure.
4. Miscellaneous Other Projects and Activities
a. Support the goals of the Public Affairs Department by providing staff for special events
and other projects, as time permits.
b. Monitor and collect natural resource data to better manage the preserves.
c. Assist in the implementation of resource management plans and projects.
d. Participate in the development of Trail Use Policies and Guidelines.
e. Work with the Planning Department on a joint committee to develop a Maintenance
Standard Guidelines.
Page 16
2001-2002
Resource Management Program
Objective
Inventory and analyze the state of District natural resources, including the natural resources of
specific preserves to identify needs and priorities. Address immediate and critical resource
management issues utilizing District staff,volunteers and consultants to maximize the District's
responsiveness. Develop procedures and strategic implementation plans to address the resource
management needs of District land. Maintain regular contact and work with other agencies, local
authorities, and specialists in the field to restore or manage the District's natural resources.
Key Projects
1. Resource Management Strategic Plan— Work with the Planning Department in
developing a Five-Year Resource Management Plan to prioritize program goals and
determine staffing needs. This plan is very critical in setting the direction for managing
District resources in an environmentally sensitive manner.
2. Pulgas Ridge Open Space Preserve Habitat Restoration— Restore native plant
communities by reducing non-native plant populations and enhancing native species survival.
Continue implementation of the Pulgas Ridge Open Space Preserve restoration plan. Work
with staff, California Conservation Corps, and volunteers to continue treatment of
management areas one,two, and three. Work with local nursery to grow seed collected from
specific shrubs species on site for the next phase of restoration.
3. Wild Pig Control Program— Subject to Board approval, continue the trapping program in
the South Skyline Area to reduce rooting activity by wild pigs. Support cooperative research
with Sonoma State University and California Department of Fish and Game to study the
ecological effects wild pigs have on District lands. Work with staff to continue monitoring
established plots, rooted areas and sighting records. Coordinate control efforts with adjacent
property owners and neighboring public agencies.
4. Grassland Management— Implement management guidelines to increase native species
diversity and control yellow star thistle and Harding grass at Russian Ridge. Monitor
treatment areas, conduct a prescribed bum and restore five acres of native grassland; work
with staff, California Youth Authority crews, and volunteers to control non-native plants and
collect native seed. Expand grassland management techniques to the front meadow at
Rancho San Antonio.
Page 17
Other Projects and Activities
1. Resource Inventory—Inventory and record key flora, fauna, natural and geologic features,
and biotic communities. Continue to work with special District volunteers on soliciting
additional information to enhance the species observation database. Hire consultant to
inventory and map special interest flora species District-wide and conduct a staff training on
the results. Coordinate mapping and GIS database development with planning staff.
2. Seed Increase Program—Continue to develop a"District" seed propagation program to
ensure an endemic seed source for restoration projects. Collect additional native seed for
grower to meet District's requirement of 2,000 pounds of seed annually. Establish collection
sites, schedule staff training, and ensure proper storage, labeling, and documentation of
collected seed. Work with the Volunteer Coordinator to organize seed collection workdays.
3. Invasive Non-Native Plant Removal and Monitoring—Restore native habitats by removing
invasive non-native species as a first phase of restoration. Continue to work with field staff
to develop a treatment schedule and monitoring protocols for various invasive non-native
plant populations identified in the Invasive Exotic Plant Inventory. Work with Volunteer
Coordinator to organize volunteer projects at priority sites. Continue monitoring the affect of
introduced weevils on yellow star thistle at Fremont Older Open Space Preserve.
4. Wildlife Surveys—Cooperate with regional efforts to survey specific wildlife species. Work
with field staff to establish schedules for bluebird, deer and red-legged frog surveys.
Coordinate volunteers to monitor bluebird nest boxes at Fremont Older, Rancho San Antonio
and Windy Hill Open Space Preserves. Summarize results and report to local Audubon
Society.
5. Resource Management Program Development—Continue monthly resource management
days with field staff from each geographical area. Work with field supervisors to formalize
resource management projects into staff responsibilities. Hire interns to assist with priority
resource management projects.
6. Pond Management —Evaluate water quality and physical attributes of ponds to determine
management needs to sustain viable pond habitat. Continue to monitor habitat improvements
of Cherry Springs pond at Rancho de Guadalupe and assess the potential of increasing habitat
values for the red-legged frog.
7. Master Plan Support—Provide support to the Planning Department during the development
of the Bear Creek Redwoods and Sierra Azul Open Space Preserve master plans. Work with
Planning Department on the natural resource elements of the plans, including mapping the
vegetation and defining the resource management objectives within each preserve.
Page 18
PUBLIC AFFAIRS DEPARTMENT
Programs
A. General Public Information and Outreach
B. Legislative, Funding, and Organizational Relations
C. Community Programs
To Implement the
BASIC POLICY OBJECTIVE:
The District educates and makes clearly visible to the public the purposes and actions of the
District, and actively encourages public input and involvement in the District's decision-making
process and other activities.
General Department Emphasis for 2001-2002
Maximize the general public's awareness a'nd understanding of the District, its goals, and its
activities, employing a variety of means and methods to reach all communities served and all
other target audiences with District information; implement the top priorities of the District's
legislative plan; maintain an environmental education program and volunteer involvement, and
develop a long-range plan to maximize public participation in District programs; provide District
materials and information regarding a proposed coastal annexation to potentially interested
officials and members of the public, both in the San Mateo County coastside communities, and
within the existing District, to ensure full knowledge and understanding of the District, its
programs and activities.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Public Affairs Manager
Community Programs Specialist
Public Affairs Specialist
Volunteer Coordinator
Docent Coordinator
Administrative J-111j';1ji, I A14',;i i4-Assistant
Interpretive Aide (Nature Center)*
Special Events Aide (District Events/Displays)*
Public Affairs Intern * I
*The Interpretive Aide, Intern, and Special Events Aide positions are seasonal and part-time.
The internship would be reconsidered seasonally.
Page 19
2001-2002
General Public Information and Outreach Program
Objective
To generate additional support among opinion leaders, key policyrnakers, and the general public
for District acquisition and preservation projects, including coastal annexation, by increasing the
positive perception and awareness of the District's mission, objectives, accomplishments,
programs, and effective management of public lands and financial resources.
Key Projects
1. Overhaul District Web Site—Consult with representatives of all departments regarding
desired web design and identify forthcoming products; hire web design consultant; work with
consultant(s)to create new architecture and layout; create necessary new content and
graphics/images; and develop maintenance plan and posting protocol.
2. Complete Power Point Multimedia Presentation—Incorporate new slides; work with
Planning Department to add maps and desirable features as appropriate. Create
accompanying basic cue script and hold workshop to train outreach presenters.
3. Support Coastal Annexation/LAFCo Process—Design, schedule, and present at editorial
board visits and reporter briefings; possibly develop collateral materials to support LAFCo,
EIR process; assist with public hearings as needed.
4. Coastal Community Outreach—Provide District materials and information to the San
Mateo County coastside communities to increase their knowledge and understanding of the
District, its programs, and activities. Participate in at least two key coastside community
outreach events.
5. Develop a 3 to 5 Year Public Affairs Plan -Re-focus outreach efforts for the purpose of
providing District information and presentations to key audiences. Redesign and update the
records in all outreach databases.
Other Projects and Activities
1. Implement departmental restructuring. Hire and train new employees; continue to develop
current staff.
2. Develop Public Affairs protocols and provide media and public communications training for
all staff/interested Board members.
3. Produce a District"Good Neighbor"brochure for distribution to property owners with land
adjoining District preserves. Utilize protocols to be developed by Acquisition and
Operations staff.
Page 20
4. Continue to assist the Planning and Operations Departments to develop a trail use education
plan, modifying and updating publications to conform with the Board's Trail Use Policy and
responding to associated public and media requests for information.
5. Maintain a high level of regular media coverage of District activities and accomplishments.
Arrange editorial board visits and reporter briefings; place pro-active, positive feature stories;
develop capacity for more editorial writing/response.
6. Continue to work with the Planning Department to create new site maps for preserve
brochures, and continue updating, producing, and distributing existing site maps, brochures,
and other collateral materials as needed.
7. Maintain and maximize the schedule of community presentations and displays, involving
Board and staff in these presentations.
8. Continue providing public affairs services to other programs, i.e., attendance and input at
meetings, press releases, flyers, displays, mapping, media liaison, etc.
9. Set up a system to maintain and update the District's web site on the Internet.
10. Continue to produce the District's quarterly newsletter, Open Space Views, and purge and
expand its mailing list; begin mailing to coast side residents.
11. Photograph and write bios of all Board members and staff who frequently give public
presentations.
12. Publish a District 2000-2001 Annual Report.
13. Work with Board Legislative and Public Affairs Committee(LFPAC) to develop a 30-year
anniversary celebration plan.
14. Work with LFPAC to plan a memorial tribute to former Director Betsy Crowder.
Page 21
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2001-2002
Legislative, Funding, and Organizational Relations Program
Obiective
To carry out the high priority elements of the District's legislative plan and to inform other
public agencies and private organizations about the District's activities and goals.
Key Projects
1. Coastal Preservation Effort—Work with the Planning Department, consultants, other
staff, and LAFCo representatives toward the proposed District expansion to the San
Mateo County coast, and all related tasks and activities to include possible future funding
measures.
2. Funding for Mount Umunhum Clean Up—Work with members of Congress to
develop and implement a strategy to obtain Federal funding toward clean up of the former
Almaden Air Force Station at Mt. Umunhum in the Sierra Azul Open Space Preserve.
3. Other Lobbying Efforts—Work with the General Manager and the District's
Sacramento lobbyist to preserve current and future state funding for the District, and to
carry out elements of the District's legislative plan. At the federal level, monitor and
continue to lobby for state side funding potentially beneficial to the District vis-a-vis
CARA and LWCF program plans.
4. Sponsor Legislation—Work with the District's legislative advocate and with legislators
and their staffs to sponsor high-priority legislation from the District's Board-approved
Legislative Plan.
—Work with the Bay Area Open Space Council and others to develop
5. Regional Funding y p p p
g g
and/or support potential regional, state, or other alternative funding mechanisms, such as
a possible Transportation Fund for Clean Water.
Other Projects and Activities
1. Continually review and analyze legislation, determine District's position on bills, and take
appropriate action, if any, on bills.
2. Work with legislators, legislative committees, state and federal administrators, other
agencies, private organizations and interested citizens to provide information and to lobby
regarding state legislation and specific local issues.
i
3. Support federal, state, or local legislation that will benefit the District.
4. Provide support and services for specific District projects requiring legislative support, such
as grant applications and regional and state awards.
Page 22
S. Maintain contact with other organizations and agencies, and encourage them to assist the
public in differentiating between agencies, and for the exchange of information. Cooperate on
special projects, such as a regional Bay Area Open Space Council forum and participate in
special events such as conferences and seminars, to keep District staff and Board informed of
current issues.
6. Continue to provide staff support to the Legislative, Finance, and Public Affairs Committee,
and work as needed to develop District positions on and involvement in statewide open space
issues.
7. Provide a District presence in key legislative activities, meetings, and conferences in
Sacramento, directly or with the District's legislative advocate.
8. Play key role in any potential development of a Bay Area-wide, Open Space Council
parks/open space message marketing project.
9. Hold a Bear Creek Redwoods Open Space Preserve dedication celebration/ceremony; honor,
thank all partners and participants in its acquisition, planning, and management.
10. Plan and conduct VIP. Tours for Santa Clara County, San Mateo County, and Mt.
Umunhurn, and invite elected officials and representatives of sister agencies.
Page 23
2001-2002
Community Programs
Objective
To encourage active public participation in the maintenance, restoration, and protection of the
District's natural resources, and provide cultural, historical, and environmental education
opportunities to the public.
Key Projects
1. Volunteer Sub Programs—Develop a long-range plan that defines the District's volunteer
program objectives vis-a-vis District outreach and operations needs, as well as community
needs. The plan will include capacity-building, volunteer retention, leadership, and publicity
opportunity components.
2. Interpretive Sub Program—Develop a long-range plan that defines the District's
interpretive sub program objectives, and identifying the goals of the docent section-- =,.
The plan will include opportunities to increase youth participation,to build capacity overall,
and to enrich docent training.
3. Docent Recruitment—Design single-subject "short courses" for prospective volunteers who
want to participate in the docent program, but have time restrictions or are only interested in
a particular subject. These volunteers would be limited to leading activities related to the
short courses the have completed. The short-course concept is long-range, be innin with
Y p Pbeginning
earthquake geology in Fiscal Year 2001-2002.
4. Environmental Education—Focus on recruiting and training additional outdoor education
docents to meet the increasing demand for field trips at Skyline Ridge. Provide ongoing
training opportunities for current outdoor education docents. Investigate methods of
providing disadvantaged school classes with transportation to field trips at Skyline Ridge,
which includes the Nature Center program.
5. Daniels Nature Center—In early Fiscal Year 2001-2002, repair nature center systems and
displays within budget constraints. Address lighting, water, and security issues. Open the
nature center to the public on weekends June to December. Work with exhibit designer to
develop seasonal displays for the exterior exhibit case and accomplish other improvements
with the $12,000 grant from Peninsula Open Space Trust.
Other Projects and Activities
1. Review volunteer policies, and revise Volunteer Handbook.
2. Revise volunteer brochure.
Page 24
3. Recruit and train docents and other volunteers, and provide public information about
volunteer programs, projects, and events through regular newsletters. Increase recruitment for
Community Outreach Volunteers to help District expand outreach presence. Increase
recruitment for Crew Leaders and Outdoor Education Docents as needed.
4. Coordinate monthly volunteer service projects and short- and long-term special request
volunteer projects.
5. Conduct a broad range of public interpretive programs on open space preserves.
6. Coordinate the volunteer trail patrol program, and provide ongoing training for trail patrol
volunteers and docents.
7. Maintain the artifacts and furnishings in the historic Grant Cabin.
8. Maintain and operate the David C. Daniels Nature Center.
9. Provide leadership training to field staff assigned to work with volunteers.
10. Create database of teachers/environmental educators for Spaces and Species/OED outreach.
11. Arrange, publicize, reserve spaces for, and work with field staff to support logistics of the
Fremont Older House and Garden Tour in April, 2001.
Page 25
ADMINISTRATION DEPARTMENT
Programs
A. Administration
B. Human Resources
C. Legal Services
To Implement the
BASIC POLICY OBJECTIVE:
The staff administers the affairs of the District on behalf of the public so as to maximize
accomplishment of the goals and objectives of the District within existing financial and other
constraints.
General Program Emphasis for 2001-2002
Guide and support the District-wide effort to develop and implement methods for improving
communication, increasing opportunities for employee input, and enhancing management,
supervisory, leadership, and communication skills among all staff in order to enhance employee
morale and the District's work environment. Foster staff participation in carrying out the
District's short and long-term goals and objectives. Maintain the District's viability as an open
space acquisition and management agency. Work toward potential expansion of the District's
boundaries to include coastal lands in San Mateo County.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
General Manager
Assistant General Manager
Legal Counsel (66.67%time)
Controller(25%time)
Administration/Human Resources Manager
�-Attorney
Management Analyst—Human Resources
Senior Administrative Assistant
Accounting Specialist
Administrative Assistant
Receptionist
Network Specialist time)
Management Analyst—Administration
Accounting Specialist(60Lo_time)
Page 26
2001-2002
Administration Program
Objective:
To provide overall coordination, direction, and administrative foundation for all District
activities so as to maximize the accomplishment of the Board's policies and directives, to
implement the Action Plan, and to maintain the District's viability as an open space acquisition
and management agency.
Key Projects
1. Strategic Planning—Work with all departments to examine the timing of the coastal
annexation, and a potential funding measure, and assess the related impacts on staffing
and resources.
2. District Funding— Work to preserve current and future state funding for the District.
Continue to provide multi-year information/scenarios on District's long-term finances,
including bonded indebtedness and cash flow, and to address the need to rely on the
availability of grant funds for major development projects. Pursue alternate sources of
secure additional funding to meet acquisition and open space management needs.
3. Coastal Expansion— Coordinate the efforts of the Board, consultants, and staff to work
toward completion of the annexation of the coastal lands in San Mateo County.
4. Elections—Upon receipt of census information, begin the process of re-districting
geographic wards.
Other Projects and Activities
I. Continue to foster a management team approach for overall management of the District's
activities.
2. Provide financial management and accounting services, including investment of
temporarily idle funds.
3. Perform administrative and legal obligations as required by State law.
4. Oversee coordination of equipment/infrastructure needs at the main office.
5. Update Action Plan; coordinate program evaluations for Action Plan progress.
6. Prepare, monitor, and revise, as necessary, annual budget. Coordinate Administration
and Budget Committee meetings.
7. Coordinate preparation and distribution of all materials for Board's regular and special
meetings.
Page 27
8. Involve Board of Directors in planning of the annual special Board meeting to be held as
part of Board's Good Neighbor Policy.
9. Administer a comprehensive risk management program.
10. Monitor the ongoing procurement policy for the purchase of recycled and alternative
paper products and other office supplies.
11. Upgrade the District's network computer system to increase efficiency and reliability;
expand day-to-day technical support to include both field offices; and continue to assess
system, develop resources, and manage technological change and improvements.
12. Work with other departments to consolidate and coordinate the 1 S-plus databases that
contain information that is shared by multiple departments.
13. Develop and maintain standard Board and staff orientation manuals.
Page 28
2001-2002
Human Resources Program
Objective
To provide coordination and direction for Human Resources activities so as to enhance the overall
quality and effectiveness of the District's work environment for all employees of the District.
Key Projects
1. Workplace Enhancement Plan—Work with employees, supervisors, and management staff
to finalize and implement the Workplace Enhancement Plan. The Plan consists of methods
for improving communication among all employees and management staff, increasing
employee input; enhancing management, supervisory, leadership, and communication skills;
and establishing a greater emphasis on people management versus task management.
2. Personnel Policies and Procedures Manual—Revise and update the Personnel Policies and
Procedures Manual in order to establish and/or clarify hiring procedures, exempt versus non-
exempt employment status, and other areas as needed.
3. Performance Standards—Work with managers, supervisors, and staff to complete and
implement management and supervisory performance standards. Review and revise
management and supervisory performance evaluation format as needed to incorporate new
performance standards.
4. Employee Housing—To assist in attracting and retaining qualified staff in a costly and
competitive labor market, work with other departments to develop a feasible housing
assi
stance program ro ram for District
ict staff.
Other Projects and Activities
1. In consultation with hiring departments,plan and conduct recruitment processes for all
position vacancies in order to fill vacant positions as soon as possible. Ensure consistency in
hiring procedures. Provide a comprehensive new employee orientation for all new
employees.
2. Administer compensation and benefit programs for all employees. Monitor programs to
insure they are cost-effective and competitive in the labor market.
3. Coordinate and participate in newly established monthly labor/management meetings with
union staff and stewards. Maintain positive and productive working relationships with SEIU
Local 715 and represented employees. Provide human resources support and employee or
labor relations services to all departments.
4. Assess training needs, identify training resources, and schedule in-house training programs as
needed to develop and improve leadership, management, supervisory, and communications
skills. Schedule periodic non-discrimination training for all staff. Schedule periodic
Page 29
CONCERN employee assistance program seminars.
5. Coordinate,plan, and organize the annual staff recognition event on behalf of the Board.
Oversee the staff activities ("Fun") committee. Coordinate and plan other staff events as
needed.
6. Promote and oversee the District's safety program.
7. Implement and maintain a human resources information system(HRIS) in order to improve
our ability to track and monitor vital employee data(e.g. hire date, leaves of absences, benefit
enrollment data, etc.).
Page 30
2001-2002
Legal Services Program
Objective
To provide timely legal services to the Board and to all District Departments to assist in
formulating and implementing District policies and projects in accordance with law.
Key Projects
1. Real Property—Provide legal advice concerning District real property, including
acquisition, disposition, title and encroachment issues, easement issues, permits to enter
District land, and preserve maintenance issues. Anticipated major projects: MROSD v.
Paulin(litigation concerning encroachment at La Honda Creek OSP).
2. Risk Management—Process and monitor current claims and litigation against the District;
improve risk management procedures; represent District's interests in insurance coverage
matters; provide oversight of matters handled by outside counsel. Anticipated major
projects: Picha v. MROSD (appeal of civil rights claim alleged as result of arrest);
Richmond v. Bishop Krone(ligiation concerning slope failure at El Sereno OSP).
3. Human Resources—Assist in carrying out labor relations functions; serve as chief
negotiator on District's bargaining team; provide legal advice on personnel matters; update
District's Personnel Policies and Procedures Manual.
4. Coastal Expansion—Provide advice concerning legal requirements applicable to coastal
annexation,particularly in the LAFCO and CEQA process; review Environmental Impact
Report and LAFCO application documents; provide legal oversight of District consultants.
5. Administration—Update the District's Rules of Procedure to reflect recent changes in
legislation.
6. Construction and Improvements Contracts—Update District's model contracts for
construction and improvement projects to reflect recent changes in legislation.
Other Projects and Activities
1. Provide legal research concerning historic parcels and chains of title to assist in resolving
real property issues or in support of Planning and Acquisition projects.
2. Provide advice concerning legal requirements applicable to public agencies such as the
Brown Act, conflict of interest laws, election law and the California Environmental Quality
Act.
3. Assist Departments in bidding processes and contract administration for public works and
professional services contracts.
Page 31
I
4. Prepare and review District legal documents such as contracts, resolutions, and leases.
5. Represent District's legal interests in relation to other government agencies.
6. Advise District on court rulings and legislation affecting the District and on legislation
proposed by the District.
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Page 32
Regional Open �" ice
� p
R-01-32 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-07
March 14,2001
AGENDA ITEM 4
AGENDA ITEM
Initial Presentation of the Budget for Fiscal Year 2001-2002
GENERAL MANAGER'S RECOMMENDATION
Review the proposed budget for the 2001-2002 fiscal year.
The proposed budget for the 2001-2002 fiscal year will be presented again at your March 28 meeting for final
consideration and adoption. At the same meeting,the Administration and Budget Committee will report to you
and the Controller's annual report will be presented.
DISCUSSION
Overview
This report presents the proposed budget for the 2001-2002 fiscal year that extends from April 1,2001 through
March 31,2002. Staff will review this report with you at your March 14 meeting. The proposed budget for the
2001-2002 fiscal year currently totals $35,355,685 and breaks down as follows:
Land Purchases $20,000,000
Debt Services 6,156,190
Operating Expenses 7,400,275
Enterprise 110,900
Public Access Improvements 941,300
Staff Facility Improvements 469,000
Coastal Annexation 278,020
The proposed $7,400,275 operating budget includes a 4%cost-of-living adjustment for employees represented by
S.E.I.U. Local 715 and office, supervisory,and management staff. In past years,estimated expenses have been
included for various employee benefits,but because this is the second year of a three-year contract in the Local
715, salary increase rates are generally known at this time.
The proposed operating budget represents a 10.5% increase over the fiscal year 2000-2001 adopted budget. The
operating budget excludes expenses relating to the Enterprise program, coastal annexation,master planning and
capital improvements. This budget includes the proposed addition of four(4)new full-time positions,one(1)new
part-time position and the increase of one-tenth time for the Network Specialist. This year,the five new positions
added during 2001-2002 will be funded for a full year. An estimated 25% increase in the District's general
insurance costs (liability,property, auto, etc.)will also significantly increase the budget.
Staffin Changes
Proposed in this year's budget are the addition of five new positions and a minor change to one existing position,
as illustrated in the chart at the end of this narrative section. Detailed explanations by Department, including
justifications for the addition of new positions are as follows:
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,Larry Hassett, Kenneth C. Nitz -Genera!Manager:L.Craig Britton
� I
R-01-32 Page 2
■ Operations Department
Propose to add two (2) full-time Open Space Technicians, and to reduce the number of Seasonal Open Space
Technician hours by 2,000 from the current level of 11,000 hours. These positions would be hired in the last
quarter of the fiscal year. The reduction of seasonal hours will off-set the expense of the two(2)full-time Open
Space Technician positions for the balance of the fiscal year. An additional reduction of seasonal hours may be
necessary in fiscal year 2002-2003 to offset the full cost of these new positions. These additional positions are
supported by the 5-year Operations Stang Plan, and the positions are needed to address current maintenance
needs, as well as anticipated needs based on land purchases.
• Acquisition Department
Propose to add Real Property Specialist: Property management has become increasingly demanding with the
additions of new rental properties acquired over the years as a part of open space land acquisitions. The District
currently rents and manages twenty three(23)residential properties: 21 residences, 1 fourplex, and 1 duplex; nine
of which are employee residences, and seventeen of which are Enterprise rentals. The District also manages nine
communications sites,three historic properties,two agricultural leases, one stable lease, and the Distel office
tenant lease and administrative office. The addition of the Real Property Specialist will handle the day-to-day
functions of keeping rental accounts current, scheduling of maintenance and repairs of rental structures and the
Distel tenant space, in addition to meeting with prospective tenants. This position will also assist the Negotiations
and Land Protection programs with real property research,title analysis,and preparation of related documents.
■ Administration Department
Propose to add one full-time Management Analyst,one 60%time Accounting Specialist, and increase the
Network Specialist position from 60%to 70%time. The proposed Management Analyst position will provide
much-needed administrative support to the Administration and Human Resources Manager. This position will be
responsible for the development and administration of the department budget and the overall District budget;
overseeing contract administration on a District-wide basis; oversee and manage the District's computer system;
participate in the preparation of Board of Directors' agendas and packet materials; and administrative policy and
procedure development. The addition of this position will enable the department manager to focus on broader
human resources and administrative programs and practices and provide more overall management and leadership
of the department and the District. The addition of a 60%time Accounting Specialist will assist the current
Accounting Specialist with a burgeoning workload. It will also provide crucial back-up capabilities in the absence
of the existing Accounting Specialist. Increasing the Network Specialist from 60%to 70%time will increase the
availability of needed technical support for the District-wide computer system.
A summary of the proposed staffing changes is shown below.
PROPOSED STAFFING CHANGES,2001-2002 BUDGET
Position Acquisition Operations Administration
Real Property Specialist (1)New
Open Space Technician (2)New
Accounting Specialist (1)New—60%time
Management Analyst (1)New
Network Specialist Increase by 10%
Proposed total full-time equivalent increase in positions: Four and seven-tenths(four full-time; one six-tenths
part-time, and an additional one-tenth part-time).
R-01-32 Page 3
Target Average Six Percent Budget Growth Guideline for Operating Expenses
The Board initially approved the target average 6%growth guideline for District operating expenses on September
28, 1994 (see report R-94-1.00). Operating expenses were defined to include salary and benefits, services and
supplies,and fixed assets. The cost of capital improvements relating to public access and staff facilities were
excluded from the operating expenses growth guideline. Certain non-routine, large-scale projects that have a
cumulative expense of over$100,000 may be excluded from the guideline. The guideline was implemented during
lean tax revenue years and designed to be a target average,allowing, for example,one year to be 5%and the next
year to be 7%.
In accordance with your April 26,2000 approval of the amended 2000-2001 operating budget,and your May 24,
2000 approval of an agreement for District operation and management of Rancho San Antonio County Park,
adjustments were made to the average six percent growth guideline(see reports R-00-56 and R-00-49). The
baseline was increased by$436,157 for salaries and benefits resulting from the salary and benefit study, $60,000
for salaries and benefits relating to the management of Rancho San Antonio County Park,and $90,000 for services
and fixed assets also for managing the County Park. The total amount of$150,000 associated with the County
Park is a baseline estimate of annual expenses and represents one-tenth of the $1.5 million the District received
from the County for a ten year period.
During the 2001-2002 budget review process,the Administration and Budget Committee revisited the 6%budget
growth guideline and excluded expenses for the Enterprise program, large-scale master planning projects,and
Nature Center improvements. The Enterprise program has been excluded due to a growing number of structures
being acquired that can potentially cause large fluctuations in the operating budget if major improvements are
required. These improvements and related expenses are undertaken for the purpose of generating revenue, are
offset by this revenue and,therefore,not related to the day to day operation of the District. A second change
involves the exclusion of master planning expenses contained in the Planning Department budget. Although the
master plans by themselves may not exceed$100,000 as defined as the basis for exclusion of non-routine large-
scale projects,their implementation,which largely translates into public access facilities,could easily exceed the
$100,000 limit. These large one-time planning expenses began in 2000-2001 with the approval to begin the master
plan process for Sierra Azul Open Space Preserve. Public access facilities,administrative and field facilities, and
major repairs from natural disasters currently comprise the capital improvement budget that has always been
excluded from the operating budget, but subject to a separate guideline. Improvements to the Nature Center being
budgeted for in the Public Affairs Department are excluded from the operating budget because the expenses are
being offset by a grant from Peninsula Open Space Trust.
Since 1994,the only other exclusions in the operating budget have been for the coastal annexation project.
The 2001-2002 proposed operating budget is$7,400,275 and has been adjusted to exclude $278,020 for annexation
expenses, $110,900 for the Enterprise program, $142,500 for master planning and$1,255,800 for capital
improvements. The adjusted operating budget is 10.5% over the 2000-2001 adopted budget. Adjustments to the
six percent growth baseline have occurred on two occasions. The first time was in 1998-1999 when the resource
management program was shifted from the capital improvement program to the operating budget. The second
adjustment occurred last year for the management of Rancho San Antonio County Park, and implementation of the
salaries and benefit study recommendations, as explained above.
Increases in adjusted operating budgets and expenses,as compared with the guideline, are shown in the following
table:
I
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R-01-32 Page 4
FY 95-96 FY 96-97 FY 97-98 FY 98-99 FY 99-00 FY 00-01 FY 01-02
Operating Budget >.2% >4.1% >9.9% >11.8% >7.4% >13.5% >10.5%
Growth
Actual/Projected >1.2% >4.0% >7.6% >14.1% >7.9% >8.2% >16.1%
Expense Growth
In 1998-1999,the sharp increase is attributed to the shift of the resource management program ($92,200) into the
operating budget. In 2000-2001, another significant increase in budget occurs because of the additional
management cost of Rancho San Antonio County Park, and salaries and benefit adjustments. The 16.1% increase
in projected expenses for 2001-2002 is anticipated this year due largely to under-expenditures in salaries and
benefits as a result of not being fully staffed. A graph of the seven-year budget and expense growth is shown in
Attachment A.
As is evident from the graph,the 2001-2002 budget exceeds the 6% guideline by$222,848;however,the projected
actual expenses(based upon an average of previous years' expenditures) is less than the 6%Guideline by$48,682.
It was not possible to bring in a realistic budget under the 6% guideline, however, each year the budget is
predictably underspent. Department Managers were asked to review their budgets for a second and third time in
an attempt to bring the budget within the 6% guidelines. An analysis of previous years indicated that the budget
increase is directly related to the number of new staff positions proposed each year. In the early years of the 6%
guideline,the District would typically add one or two new staff positions. In the last three years,the average has
been closer to five new positions. The additional staff positions directly relate to the Operations Program Review
and the Workplan Evaluation Program in order to help relieve some of the stress that the over abundance of
District projects have created. It is clear that this is the last year that the 6% guideline will work without drastic
cuts to the District budget,and a reduction in workload. As you will see from the Administration and Budget
Committee's report at your March 28, 2001 meeting, coping with and amending the guideline,this will be the
subject of proposed additional assignments to the Committee for the balance of this calendar year.
Budget Review Process
The 2001-2002 Administration and Budget Committee, composed of Directors Nitz(chair),Cyr, and Hassett,
reviewed the proposed budget on the Board's behalf during a series of six open, publicly noticed meetings in
February and early March. The Committee's work included reviewing the proposed Action Plan for each program,
the proposed 2001-2002 budget by department and category expense groupings(as well as by major proj
ects and
activities),the 2000-2001 projected expenditures,and the 6%budget growth guideline for District operating
expenses. The committee members received for their review detailed sub-account printouts for all the detail line
items included in the proposed budgets.
Controller M. Foster met with the Committee on February 28 to discuss projected revenues, debt service,and a
District cash flow analysis. The Controller's report will be presented to the Board separately at the March 28
meeting. The Administration and Budget Committee will also present their report to the Board at the March 28
meeting.
Proposed Program Budgets
The following section on the 2001-2002 proposed budget is presented by program to facilitate your review.
Attachment B of this report shows in detail the 2001-2002 proposed budget broken down by program and major
expenditure categories.
R-01-32 Page 5
1. OPEN SPACE ACQUISITION DEPARTMENT
00-01 Adopted 00-01 Projected 01-02 Proposed
Budget Exp. Budget
Salaries&Benefits $293,250 $293,258 $329,150
Services& Supplies 113,580 77,217 114,440
Fixed Assets— Operating Expenses 125,600 102,510 99,650
Enterprise Subprogram 123,775 102,175 110,900
Debt Service 6,078,811 6,078,811 6,156,190
Land 20,000,000 12,986,000 20,000,000
TOTAL $26,735,016 $19,639,971 $26,810,330
The 2001-2002 proposed budget for the Open Space Acquisition Department is $26,810,330, less than a 1%
increase over the 2000-2001 adopted budget. Excluding debt service payments,the Acquisition Department
budget is$20,654,140. Controller M.Foster indicates that$20,000,000 would be available in 2001-2002 for
acquisition of land.
Salaries and benefits represent a 12.2% increase over the 2000-2001 adopted budget as a result of the proposed
addition of a Real Property Specialist position,budgeted at 8 months of the fiscal year, in the amount of$39,785.
Background and justification for this additional position has been addressed in the previous portion of this report.
The Acquisition Department's emphasis during 2001-2002 is to continue focusing efforts on securing high priority
properties and completing several grant-funded acquisition projects. Services and supplies represent less than a
1% increase over the 2000-2001 adopted budget. The projected expenses for 2000-2001 services and supplies
represents a 32%decrease from the 2000-2001 adopted budget, and reflects an under-expenditure in legal fees and
consultant contracts. Services and supplies include appraisals,title research, surveys, engineering studies and
environmental assessments for the Negotiations and Land Protection programs.
Fixed asset expenses, including office equipment and expenses directly related to land acquisition, such as
appraisals, site engineering, escrow fees,title insurance, and legal fees are budgeted at$99,650. This is a 20.7%
decrease from the 1999-2000 budget, including a significant reduction in legal fees.
Debt service for principal repayment and interest on the District's land contracts and note issues is budgeted at
$6,156,190 for the 2001-2002 fiscal year. This amount represents a 1.3% increase from the 2000-2001 adopted
budget, and conforms to the debt service project schedule.
The Enterprise Program has been removed from the 6%operating budget guideline as discussed earlier in this
report. The 2001-2002 proposed budget for the Enterprise Program is $110,900, less than a 1%decrease from the
2000-2001 adopted budget. The program's proposed budget is divided into two major areas: 1)ongoing regular
enterprise activities,and 2)expenditures related to the District's administrative office building. Funds budgeted
for ongoing,regular enterprise expenses reflect a decrease of less than 1%below the adopted 2000-2001 budget.
Operating expenses for the office building are budgeted at$21,750 for the tenant space,which represents a
decrease of 27.8%from the 2000-2001 budget. However, an additional $17,200 is budgeted for roof replacement
and re-surfacing of the parking lot for the tenant percentage of the Distel office building under the Capital
Improvements Projects category of the Planning Department 2001-2002 proposed budget. Operating expenses for
the portion of the building occupied by the District are included in the Administration Department budget.
R-01-32 Page 6
In 2000-2001, projected net income from the District's enterprise properties is$593,325 (gross increase of
$695,500), an increase over 1999-2000 income of approximately 3.9%. Net income for fiscal year 2001-2002 is
projected at$602,500(gross increase of$730,600), a 1.5% increase over the 2000-2001 projected net income.
2. PLANNING DEPARTMENT
00-0 1 Adopted 00-01 Projected 01-02 Proposed
Budget Expenses Budget
Salaries&Benefits $532,232 $465,416 $615,750
Services& Supplies 64,290 34,335 66,350
Fixed Assets—Operating Expenses 5,600 7,803 6,450
Public Access Facilities& 553,150 219,818 903,800
Planning Projects
Unanticipated Capital Improvements 25,000 12,367 25,500
Staff Facilities 105,000 2,700 469,000
Coastal Annexation 100,000 145,000 256,620
TOTAL $1,385,272 $887,439 $2,350,470
The 2001-2002 proposed budget for the Planning Department is $2,350,470,which represents an increase of
69.7%over the 2000-2001 adopted budget. The overall growth is primarily the result of additional Planning
Projects and increases in Capital Improvement Projects(Public Access Facilities and Staff Facilities). To simplify
tracking and reporting,the Planning Department budget is divided into two sections this year: an"Operating
Budget"and a"Planning Projects and Capital Improvement Program Budget."
Operating Budget
The proposed Operating Budget reflects salaries and benefits, unanticipated consultant services,non-project-
related services and supplies, and fixed assets necessary for the every day operational needs of the Department.
The Operating Budget is subject to the six percent growth guideline. However,the$695,550 budget proposed is
15.5%higher than the adopted 2000-2001 operating budget. The greatest percentage of growth is due to the fully
staffed positions from last year, and the addition of a half-time GIS Intern($13,000)for this fiscal year.
The GIS Intern will focus on updates to the District's land holdings database, preparation of new wall maps and
revisions to the Patrol Map Book. These projects,scheduled in the previous year's work program, were not
completed due to staff shortages, and the concentrated effort and amount of time required. Given the scope of
Planning projects anticipated for the next year, it is necessary to temporarily augment staff with a GIS Intern. A
total of$51,800 is budgeted to continue development of the District's Geographic Information System(GIS),
which includes the cost of regional habitat maps, archaeological and historic site maps, Santa Clara County parcel
data,updates to the Arcview software and license,and the GIS Intern.
Planning Protects and Capital Improvement Program Budge
The proposed Planning Projects and Capital Improvement Program Budget of$1,654,920 has been separated into
programs to reflect the projects associated with specific growth guidelines. Programs include Planning Projects,
Public Access Facilities, Staff Facilities,the Coastal Annexation,and Unanticipated Capital Improvement Projects.
The$903,800 proposed budget for Public Access Facilities and Planning Projects is subject to the $500,000 per
year guideline averaged over a five-year period. When adjusted to reflect grant income,the proposed budget is
below the cap as shown in Attachment"C."
R-01-32 Page 7
• The Planning Projects Program proposed budget of$142,500 includes the Sierra Azul and Bear Creek
Redwoods Master Plans as well as the La Honda Creek Resource Inventory.
• Approximately 40 percent of the$761,300 proposed for the Public Access Facilities Program(capital
improvements that include structures,trails and roads, parking areas, signage, fencing, etc.) is comprised
of FEMA-funded projects.
The Unanticipated Capital Improvements Program includes budget allocations for demolitions, barriers, signs and
other improvements that may be necessary for properties that are acquired during the next fiscal year, or for
emergency projects. Based upon recent unanticipated project expenses,the proposed budget is $25,500.
The guideline for improvements to Staff Facilities is$150,000 per year averaged over a five-year period. While
the proposed$469,000 budget for the Staff Facilities Program is more than 4 times that adopted last fiscal year,
calculations in Attachment"C"show that it is under the established cap. Projects include replacement of the
Foothills Ranger Office and Maintenance Facility shop building and site drainage improvements, a new furnace at
the Foothills Annex,completion of the Distel Circle office improvements,and architectural plans for an addition to
the La Honda Creek ranch house.
The proposed 2001-2002 budget for the Coastal Annexation Program is $256,620. Although this is approximately
two and one-half times last year's adopted budget,the cost of planning work for the Coastal Annexation is not
subject to a growth guideline. This year's project reflects the cost of completing the environmental documents and
fiscal analysis, and includes preparing and submitting an application to LAFCo to initiate the annexation. The
proposed budget includes consultant services, legal services, required advertisements, graphics, copying and
postage.
3. OPERATIONS DEPARTMENT
00-01 Adopted 00-01 Projected 01-02 Proposed
Budget Exp. Budget
2
1 Benefits 2 794 750 $2 548 765 $ 868 I50
Salaries& $ , ,
Services& Supplies $909,150 $836,085 $924,860
Fixed Assets— Operating Expenses $233,500 $230,614 $317,000
TOTAL $3,937,400 $3,615,464 $4,110,010
The 2001-2002 proposed budget for the Operations Department is $4,110,010 which represents an increase of
4.4%over the 2000-2001 adopted budget. The nominal growth in salary and benefits reflects the transfer of the
Assistant General Manager position from the Operations to Administration budget. While significant increases in
the fixed asset budget can be attributed to improvements to the department recommended in the 1999 Operations
Program Review. Priorities for the 2001-2002 proposed budget also include the continued growth of the
Operations Department to address the acquisition of new lands and increased public use of existing lands.
The 2001-2002 proposed salaries and benefits budget is $2,868,150,which is a 2.6% increase over the 2000-2001
adopted budget. Two new Open Space Technician positions are funded for three months in the final quarter of the
2001-2002 fiscal year. This will allow sufficient time for recruiting and training for the spring 2002 season. The
expense of these two new full time positions are fully off-set by the reduction of Seasonal Open Space Technician
hours. The use of seasonal staff will be focused on the summer work requirements, and the two new regular Open
Space Technician positions were included in the Five Year Operations Staffing Plan, which was approved at your
February 9, 2000 meeting(see Report R-00-24).
R-01-32 Page 8
The 2001-2002 proposed services and supplies budget is$924,860. This represents a 1.7% increase over the 2000-
2001 adopted budget, and covers the increased costs of utilities and insurance. This amount also reflects an
expected reduction in legal expenses.
The Resource Management Program budget is$112,360(a 6.0% increase over 2000-2001), which is included in
the services and supplies budget. This budget funds numerous projects as described in the Resource Management
Action Plan. The most significant of these projects is the wild pig control program which includes the cooperative
research program with Sonoma State University,and the California Department of Fish and Game to study the
ecological effects that wild pigs have on District lands($43,200). Grassland Management projects; which include
monitoring and treatments at Russian Ridge as well as management of the front meadow at Rancho San Antonio
($8,500), continuation of the habitat restoration work being done at Pulgas Ridge($30,060), and a cooperative
vegetation mapping project with Planning($10,000).
The 2001-2002 proposed fixed assets budget is $317,000, a 35.8% increase over the 2000-2001 adopted budget.
The proposed budget is consistent with the five-year capital equipment schedule shown in Attachment D. The
fixed assets budget includes: two(2)replacement patrol trucks;two(2)additional maintenance pickup trucks; a
sport utility vehicle for the main office, and a dump truck for hauling materials and transporting equipment
($218,400). As a result of the 1999 Operations Program Review recommendations and staff s follow-up research,
four(4)upgraded wildland fire pumper units($35,000)and two(2)additional radio repeaters($35,000)have also
been included in this year's budget.
4. PUBLIC AFFAIRS DEPARTMENT
00-01 Adopted Budget 00-01 Projected Exp. 01-02 Proposed Budget
Salaries&Benefits $304,900 $277,270 $408,705
Services& Supplies 231,575 210,918 268,925
Fixed Assets 8,400 9,700 2,700
TOTAL 544,875 497,788 680,325
The proposed fiscal year 2001-2002 Public Affairs Department budget shows a 24.8% increase from the 2000-
2001 fiscal year adopted budget. This increase is primarily accounted for by the addition of a new, full-time
position to the Department. It also includes several new projects to be undertaken, including three planned V. I. P.
tours and coastal annexation projects. In addition,the budget includes$12,000 for the Daniels Nature Center,
which will be offset by a donation from Peninsula Open Space Trust(POST)(see Report R-01-25).
Public Affairs'total budget includes approximately$22,000 in expenses related to the coastal annexation project.
These expenses are for development of informational materials, exhibitors' entry fees for two coastside events, and
implementation of two mailings to the coast side. These projects are not included in the operating budget, as they
are specifically and only intended to support coastal annexation,which is outside the 6% guideline.
The proposed increase in salaries and benefits from last year's $304,900 to the proposed $408,705 is due to the
accounting for a full year's expenses for the Public Affairs Manager(last year was a partial year for that position);
10 months of a Community Programs Specialist(last year was approximately 8 months); a part-time internship;
the proposed 4%cost of living adjustment for all positions, and expected salary and benefit step increases. Despite
these increases,the department will also realize some savings by changing the former Public Affairs Assistant
position to an Administrative Assistant position,to conform with the Assistant positions in all other District
departments.
R-01-32 Page 9
The proposed services and supplies budget includes, publications, special projects, and visitor services. Reductions
were made to various accounts to offset increases for new projects. Some of the significant items in the Public
Affairs services and supplies proposed budget include:
Contract Services $ 17,250
(including Heim contract)
Postage/Special Distribution $ 31,200
Publications $159,000
(includes design/layout and printing of
newsletters/annual report; site brochures/maps)
Community Programs $ 26,750
It is proposed that$2,700 be budgeted in the 2001-2002 Public Affairs Program fixed assets budget for two new
computers and monitors. One will replace a nonfunctional computer;the other will serve the new position. This
budget represents a 68%decrease from the 2000-2001 budget,which included a one-time expenditure for the
District's laptop and"PowerPoint"projector.
5. ADMINISTRATION DEPARTMENT
00-01 Adopted 00-01 Projected 01-02 Proposed
Budget Exp. Budget
Salaries&Benefits $719,650 $722,600 $978,800
Services& Supplies $368,050 $324,700 $407,800
Fixed Assets— Operating Expenses $19,800 $19,000 $17,950
Special Projects&Office Facilities $90,000 $40,650 0
TOTAL $1,197,500 $1,106,950 $1,404,550
The 2001-2002 proposed Administration Department budget represents a 17.3% increase over the 2000-2001
adopted budget. The increase is primarily the result of transferring the Assistant General Manager position from
Operations to Administration,and the proposed addition of 1.7 positions to the Administration Department.
The Salaries and benefits category includes
Ludes Board appointees' salaries currently budgeted at 220 700. Salaries
for members of the Administration Program staff are shown at $588,350, and include the addition of the Assistant
General Manager position,as well as the proposed new Management Analyst position,the 60%time Accounting
Specialist, and the increase from 60%time to 70%time for the Network Specialist position. Also in the salary and
benefits category is $25,000 for Directors' compensation.
As the service center for most District operational and administrative activities,the services and supplies budget of
$407,800 includes funding for such basic items as: Postage($16,000), Telephone($23,500), Auditor($15,000),
Office Equipment Leases($22,000),and Utilities and Maintenance($93,850).
This category also includes$10,000 for software expenditures to upgrade the District's network operating system
and to implement a human resources information system; $30,000 in the personnel consultant category to retain a
search firm to conduct the recruitment for the vacant Administration and Human Resources Manager position, and
to work with a leadership consultant to enhance the leadership skills of management staff; $13,000 in seminars and
training to provide communication skills training and nondiscrimination training for all staff, and supervisory
training for supervisory staff; and$20,000 in professional services to fund the District-wide database consolidation
project. These expenses account for the bulk of the 10.8% increase in this category from the 2000-2001 budget.
R-01-32 Page 10
The fixed assets category,which includes new and replacement equipment and furniture, has decreased 9.34%
below the 2000-2001 budget. The equipment expense category includes$15,000 for furniture and built-ins for the
office remodel, and$2,950 for computer equipment. The capital improvement expenses for the Distel Circle
administrative office remodel were formerly carried in the Administration Department, but this year will be
included in the Planning Department budget.
Prepared by:
L. Craig Britton, General Manager
John Escobar,Assistant General Manager
Deirdre Dolan,Administration/Human Resources Manager
Cathy Woodbury, Planning Manager
John Maciel,Operations Manager
Stephanie Jensen, Public Affairs Manager
Michael Williams,Real Property Representative
Del Woods, Senior Acquisition Planner
Bunny Congdon, Accounting Specialist
Contact person:
L. Craig Britton, General Manager
Attachments:
A. Overall Six-Year Operating Budget Growth and One-Year Projections
B. Proposed 2001-2002 Budget
C. Proposed Capital Improvement Program Budget for FY 2001-2002
D. Capital Equipment Schedule,Operations Program
C .
OPERATING BUDGET ANALYSIS (With Enterprise, Rancho and Planning Adjustments)
8,000,000 --
Proposed Budget$222,848
above 6% Growth Line
7,500,000 AL
Adjusted 6% Growth Line for Salary and Benefit Increases in
the Amount of$436,157 and $150,000 for RSA County Park
7,000,000
6,500,000 -- --- - ----Adjusted 6% Growth-Line for RM -- - ---- - - ---- - --- -- - - y
Program in the amount of$92,200 y
6,000,000 y
5,500,000 -7—rojecW ActualExpenses
below 6% Growth Line ;
5,000,000
4,500,000
4,000,000 --�
1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02
-�-6% Growth -$-Budget Growth +Actual Growth
3/1/01, 11:37 AM
ATTACHMENT B
08-Mar-01
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (a)
PRELIMINARY BUDGET BY PROGRAM
2001-2002
(Dollars)
II II Acquisition II Planning II Operations II Public Affairs II Administration 11 TOTALS 11
II Budget Category 11 Program II Program I) Program II Program II Program 11 (Ail Programs) 11
II II II II II II II II
II REVENUES II II II II II II II
it 11 II II it II II II
11 Tax Revenue 11 II II II II 16,333,000 11 16,333,000 II
II II II 11 II II II II
11 Grant Income II 3,685,000 II 258,000 11 II II 11 3,943,000 11
II 11 11 II II II II II
11 Interest Income, II II 11 II II 1,400,000 II 1,400,000 II
11 II II II it II II II
11 Rental Income II 730,600 II 11 11 11 II 730,600 II
II II II II II II II II
11 Osier Income II 100,000 11 II II II II 100.000 II
II II II 11 II II II II
11 II II 11 II II II II
II TOTAL INCOME II 4,515,600 II 258,000 11 0 11 0 11 17,733,000 II 22,506,600 11
II II II II II II II II ',
II--_--•---- II II II II II II II
II II II II II II 11 It
11 INCREASE IN RESERVES 11 I II II II 11 (12.849.085)II
II II II II II 11 II II
II II II II II II II II
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (b)
PRELIMINARY BUDGET BY PROGRAM
2001-2002
(Dollars)
II II Acquisition II Planning I) Operations 11 Public Affairs II Administration 11 TOTALS II
II Budget Category II Program II Program II Program 11 Program II Program I) (Ail Programs) II
11 II II II II II II II
11 II II II II II II II
II EXPENDITURES II I I) 11 II it I)
II II II II II II II 11
It Debt Service II II II II II II II
II -- II— II II II II II II
11 Interest II 4,354,400 II II II II II 4.354.400 II
It II
II Principal II 1,801,790 II II II II II 1,801.790 II
II II II II II II II it
II SUBTOTAL II 6,156,190 II 0 II 0 II 0 11 0 II 6,156,190 11
II ---- II 11 II II II II 11
11 Salaries II II II II 11 11 11
II II II- ---II II II 11 11
II a)Gen.Mgr.Appointees II 278,850 II 519,550 II 2,289,150 II 342,250 II 586,300 11 4,018,100 it
11 II II II II II II 11
II b)Salary Incentive Awards II II II II II II 0 11
II II —II II II 11 II II
II c)General Manager II II II II II 126,850 II 126,850 it
It II II II II II 11 11
11 d)Legal Counsel II I II II II 78,850 II 76,850 11
II it II II II II II II
II a)Controller II II II 11 11 15,000 11 15,000 II
II II II it II It 11 II
11 Benefits it 50,300 11 96,200 11 579,000 11 66,450 11 1M,600 II 936,750 II
II- 11 II —II II II 11 II
II Directors'Fees 11 II II II 25,000 11 25,000 It
II II II— II II II II II
II SUBTOTAL 11 32%150 11 615,750 II 2,868,150 11 408,700 11 978,800 11 5,200,550 11
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (c)
PRELIMINARY BUDGET BY PROGRAM
2001-2002
(Dollars)
II 11 Acquisition If Planning II Operations II Public Affairs II Administration II TOTALS II
II Budget Category II Program 11 Program 11 Program II Program II Program II (All Programs) II
II II II II II II II 11
11 SERVICES&SUPPLIES 8 II II it II II II
II it II II II II II II
11 Legal Services II 2,500 11 50,000 II 20.000 11 II 5,000 11 77,500 11
11 II 11 II 11 II If II
II Regular Outside Services II 17.500 II it 35,050 it 0 11 11,800 It 64,350 II
II II II II II 11 II II
11 Land Option Fees II II II II II II 0 II
11 II 11 II II II II it
11 Contract Services II 83,400 11 371,600 II 113,8W 11 14,750 11 73,2W If 656,750 11
it II II II II II II II
11 ElectiondAnnexation If II II II II II 0 11
II II it II II II 11 it ',
11 Library and Subcriptions II 150 11 400 II 600 11 1,250 II 7,5W II 10,100 11
II II 11 -II -•11 II 11 11
11 Film&Developing I) 250 11 500 11 300 II II II 1,050 II
11 II If II II II II II
11 Rents and Leases II 11 II 74,700 11 2.9W 11 30,000 11 107,6W 11
11 11 -11-- --- II II II II II
11 Utilities II 18,190 11 1,200 II 38,600 II 750 II 68,150 11 126,890 11
II II II II II II II II
11 Postage If 300 11 1,720 11 100 II 31,200 11 16,000 11 49,320 II
It II II 11 II 11 11 II
II Printing and Duplicating II 350 II 19,6W II 1,500 II 2,650 11 17.300 it 41.400 II
II II II II 11 II 11 II
11 insurance II 32,5W 11 II 142,300 11 II 71,300 II 246,100 11
II II II 11 II II II II
II Advertising II 1,050 II 3,200 II 5.000 11 2,000 11 5,0W 11 16,250 11
II II II If II II 11 11
II Maps and Aerials it 950 II II II II II 950 If
II II II -11 II II II II
II Private Vehicle Expense II 4,5W II 4,000 II 1,5001700 11 4,7W II 15,400 II
II II -II II II II II II
11 District Vehicle Expense II II 11 181,500 II II II 181,500 11
II II II II II II II II
II Business Meeting Expense II 350 11 500 II 1,800 11 5,150 11 3,500 11 11,300 II
II it II II II 11 II II ii
11 Personnel Development II 4,200 it 9,650 II 26,600 II 6,700 11 45.450 II 92.600 It '.....
II II II II II II II II
ti MaintlRepair Equipment II I II 21,9W II II 500 II 22.400 11
II II II- II II II II II
II Operating Expenses-Distel If II II II 11 II 0 II
II II II it II it II II
11 Computer Expenses II 350 11 8,600 11 1,9W II 2,000 11 14,700 II 27.550 II
11 II II 11 II II II II ii
It Office Supplies7Sml Equip. I) 400 II 1,500 11 2,300 11 1,325 it 7,900 11 13,425 11
II II II II II II II II
11 Field Supplie"mi Equip. II II II 68,9W II II II 68,950 II
II II II II -II II II II
11 Outside Maint.Services II 58,350 II II 181.660 11 II 25,700 II 265,710 11
II 11 II II 11 If II 11
II Property Taxes&Permits II II II 4,600 II II II 4,600 11
II II II - II II II II II
II Comm.Publications II II II II 15%000 II II 15g,000 11
II 11 it II II II II It
II Comm.Special Projects 11 11 II II 11,650 II II 11,650 II
II 11 ---•II - II II II it II
If Visitor Services II II 11 II 26,750 11 II 26,750 II
11 II II II II II II 11
11 Miscellaneous II 50 11 II II 150 II 100 II 3W II
II II II II II II II II
11 Annexation II II II II II II 0 II
II II II II II II II II
II SUBTOTAL II 225.340 II 472,470 II 924.BW 11 268,925 II 407.8W II 2.299,395 II
II ---•----•••-• II II II II II II II
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (d)
PRELIMINARY BUDGET BY PROGRAM
2001-2002
(Dollars)
II II Acquisition II Planning II Operations II Public Affairs 11 Administration II TOTALS II '....
II Budget Category 11 Program II Program II Program II Program II Program II (A8 Programs)
II ---- II II II II II 11 II
II FIXED ASSETS II it II II II II II
II— II II II II II II 1I ii
II II II II II II it II
II Previous Land Commitment II II II II 11 II 0 II
II II II II II II 11 11
11 New Land Purchases 11 20,000,000 11 11 II 11 II 20.000,000 11
II 11 11- 11 II II II 11
II Appraiser 11 20,000 11 11 II II II 20,000 11
II II II II II II II it
it Site Acquisition Expense 11 10,000 II II 11 II II 10,000 II
II II 11— II II II II II
II Legal Fees II 25.000 11 11 11 II 11 25,000 II
II II ii --II II II II it
it Relocation II II II II II II 0 II
it 11 II• II II II II II
II This insurance I) 25,000 I) II II II II 25,000 II
II II II II II II it II
11 Negotiation Consultants II 2,500 II 11 11 11 it 2,500 11
II II II 11 II II II 11
11 Site Engineering II 10,000 11 11 II II I) 10,000 II
11 II 11 II II II II 11
11 Site Preparation Expense II II II II II II 0 11
II II it- 11 II II 11 II
II Option Fees II 5,000 II II II 11 II 5,000 II
II 11— II— --11 II 11 II it
II Structures B Improvements it 11 1,255,800 11 11 11 11 1,255.800 II
11 11 II— it 11 II 11 II
11 Field Equipment 11 II II 80A00 11 11 11 80,400 II
11 If II II 11 11 II II
11 Office Equipment II 2,150 II 6,450 II 7,100 11 2,700 11 17,950 II 36,350 II
II II II II II II II II
II Vehicles II II II 229,500 II 11 II 229,500 II
11 II II II II
I)SUBTOTAL 11 20,099,850 11 1,262,250 II 317.000 II 2,700 11 17,950 II 21,899,550 II
11 II II II II II II II
II 11 II II 11 II II II
11 TOTAL OF ALL EXPENDITURES 11 28,810.330 II 2,350,470 II 4,110.010 it 680.325 11 1,404,550 11 35,355,885 II
II II -11 II II II II it
11 TOTAL EXPENDITURES II II II II II it II
11 EXCLUDING LAND AND 11 0 II II it II II
11 DEBT SERVICE II 654,140 II 2,350,470 11 4,110.010 II 680.325 11 1,404,550 11 9,199,495 11
I
Capital Improve*nts and Planning Projecip Budget Analysis
Guideline: $500,000/Year Averaged over a 5 Year Period
FY 1997198 FY 1998199 FY 1999100 FY 2000101 FY 2001102
Actual Actual Actual Projected Proposed
Facilities, Public $ 544,396 $ 491,934 $ 369,040 $ 124,495 $ 445,300
FEMA Projects $ 333,039 $ 106,605 $ 162,680 $ 2,961 $ 316,000
Gross CIP $ 877,435 $ 598,539 $ 531,720 $ 127,456 $ 761,300
Grant Income $ (83,005) $ (171,140) $ - $ - $ (141,600
FEMA Income $ (7,771) $ (209,366) $ (131,018) $ 76,826) $ (206,928)
Adjusted CIP $ 786,659 f$ 218,033 1 $ 400,702 1 $ 50,630 $ 412,772
Gross CIP Average: $579,290
Adjusted CIP Average: $ 373,759
Capital Improvements, Public Facilities
FIEMA Projects: Storm repair projects
Adjusted CIP= Gross CIP -(Grant Income+ FEMA Income)
Public Access Facilities and Planning Projects110 1 11 i
G uideline: $500,000/Year Averaged over a 5 year Period
FY 2000101 FY 2001102
Projected Proposed
Public Facilities (CIP) $ 124,495 $ 445,300
FEMA Projects (CIP) $ 2,961 $ 316,000
Planning Projects* (Contract Serv.) $ 106,800 $ 142,500
Gross Total $ 234,256 $ 903,800
Anticipated Grant Income $ - $ (141,600)
Anticipated FEMA Income $ (76,826) $ (201,687)
Adjusted Total $ 157,430 1 $ 560,513
Planning projects not included in previous years' budget analysis.
` ncludes Sierra Azul & Bear Creek Master Plans,and La Honda Resource Inventory.
2 Year Gross Average $ 569,028
2 Year Adjust. Average $ 358,972
page 1 Attachment C 3/7/01
Capital ImproveiOnts and Planning Projet Budget Analysis
'Staff and Administrative Facilities
Guideline: $150,0001Year Averaged over a 5 Year Period
FY 1997198 FY 1998199 FY 1999100 FY 2000101 FY 2001102
Actual Actual Actual Projected Proposed
Facilities, Field $ 7,625 $ 23,329 $ 32,930 $ - $ 170,000
Facilities, Admin $ 30,000 $ 38,000 $ 299,000]
Total 7,625 1 $ 23,329 1 $ 62,930 $ 38,000 $ 469,000
Average: $ 120,177
Field facilities: Non-public capital improvements (i.e., FFO shop bldg. $110,000,
Annex repairs $30,000, and La Honda Ranch House addition $30,000)
Administrative facilities: Non-Public capital improvements(Distel office improvements$299,000)
page 2 Attachment C 3/7/01
ATTACHMENT D
3/8/01
2000-2006 OPERATIONS PROGRAM
5-Year Capital Equipment Schedule, Proposed 2/8/01
(with current year expenditure)
2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006
Vehicles:
a)Replacement
Patrol (two) $52,000 (two) $63,800 (two) $65,000 (two) $70,00(
Maintenance (two) $65.000 (two) $68,000
b)New
Patrol (two) $63,500 (two) $70,000
Maintenance (two) $51,000 (two) $65,000 (one) $40,000 (two) $70,000
Administration (one) $25,500
Machinery and tractor with $73,000 dump truck $90,000 transport trailer $20,000 backhoe $100,000 crawler $100,000 tractor $60,000
Heavy brushing mower small tractor $50,000 'dozer
Equipment (two)ATV $14,000
Office computers $7,500 computers $4,000 computers $4,500 computers $4,500 computers $4,500
Equipment &furniture furniture $3,200
Misc.Equipment
a)Field $7,000 $7,000 $7,500 $7,500 $8,000 $8,000
b)Radio $8,500 $4,400 $5,000 $5,000 $65,000 $65,000
c)Fire pumpers(slide-on) (four) $35,000 $16,000 $26,000
d)Radio repeater (two) $35,000
TOTALS $211,5001 $318,900 $231,0001 $263,500 $285,500 $303,500
Six year average: $268,983.33
CapEquip Ops 5 yr 2-8-01.xis
Regional Open S ilce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-28
Meeting 01-07
March 14, 2001
AGENDA ITEM 5
i
AGENDA ITEM
Appoint Macias, Gini and Company as the District's Auditor for the 2000-2001 Fiscal Year
CONTROLLER'S RECOMMENDATION
Appoint Macias, Gini and Company as the District's auditors for the fiscal year 2000-2001 and
authorize the General Manager to execute the engagement letter agreement in the amount of
$14,800.
DISCUSSION
Last year
, the District began a three-year agreement with Macias Gini and Company (MGC
)
to serve as District's auditor. GMC's audit services were excellent in 1999-2000 and I
B prior
continue to retain MGC in 2000-2001. io agreement,
recommend that the District c y p ,
g
GMC's audit fee for 2000-2001 would be $14,800, up $700, or 5%, from last year.
Prepared by:
Michael Foster, Controller
Contact person:
L. Craig Britton, General Manager
I
I
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 #:;v-, � ®R°M sr
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton
I
Regional Open F- ice
R-01-33 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-07
March 14, 2001
AGENDA ITEM 6
AGENDA ITEM
Authorize Staff to Contract with an Executive Search Firm ss With the Filling of the
Administration and Human Resources Manager Position
i
GENERAL MANAGER'S RECOMMENDATI
Authorize staff to contract with executive search firm of Wilcox,Miller and Nelson to assist with the
filling of the Administration and Human Resources Manager position at a cost not to exceed$20,000.
DISCUSSION
The Administration and Human Resources Manager is a key management position that is critical to the
effective administration of the District. Executive search firms have extensive experience in the
recruitment of management positions and can assist in all phases of the recruitment process, including
the development of the candidate profile;the development of a tailored and aggressive recruitment
strategy to ensure a well-qualified applicant pool; selection of final candidates; interviews with the
finalists; and final selection process of a new Administration and Human Resources Manager. The use
of an executive search firm can also insure a fair and unbiased selection process and eliminate the
potentially awkward situation of the Human Resources Management Analyst recruiting for a position
her position.
which directlysupervises e
p P
Staff requested proposals from leading executive search firms providing services to governmental
q P P g p g
clients: Wilcox, Miller&Nelson; DMG Maximus; and Avery Association. Wilcox,Miller&Nelson
was the lowest bidder with a proposal of$15,000 for all phases of the recruitment process as described
above,plus expenses not to exceed$5,000 for such items as travel,advertising, long distance telephone,
printing, copying and postage/delivery charges. Staff recommends contracting with Wilcox, Miller&
Nelson to assist with filling the Administration and Human Resources Manager as soon as possible.
Budget_Implication
Funding for this contract has been included in the proposed 2001-2002 Administration Department
budget being presented at this meeting.
Prepared by:
Janet Beaugh,Human Resources Management Analyst
Lisa Zadek, Senior Administrative Assistant
Contact person:
L. Craig Britton,General Manager
i,
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 L J ORFR
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton
Regional Open F-we
................ ......................
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-30
Meeting 0 1-07
March 14, 2001
AGENDA ITEM -7
AGENDA ITEM
Appointment of Acting District Clerk
GENERAL MANAGER'S RECOMMENDATIO_�L
Appoint Lisa Zadek as Acting District Clerk.
DISCUSSION
With the unfortunate departure of Deirdre Dolan on March 2,2001, it is requested that the District Clerk
duties and responsibilities be appointed to Lisa Zadek, Senior Administrative Assistant,on an acting
basis. Ms. Zadek is a Notary Public, is familiar with Board meeting procedures,and is available to
attend scheduled Board meetings. This appointment will continue until the new Administration and
Human Resources Manager is hired and begins his or her duties for the District.
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,Larry Hassett,Kenneth C. Nitz -General Manager:L.Craig Britton
Regional Open '' ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-36
Meeting 01-07
March 14, 2001
AGENDA ITEM 8
AGENDA ITEM
Adopt Resolution Terminating the District's Agreeme with t California Pooled Investment
Authority
GENERAL MANAGER'S RECOMMEND
i
Adopt the attached resolution germinating the agreement with the California Pooled Investment
Authority.
DISCUSSION
At your regular meeting of September 13, 2000, you adopted Resolution No. 00-56 allowing
investment of surplus funds with the California Pooled Investment Authority (CPIA)(see Report
R-00-113). Effective April 2, 2001,the existing fund will be terminated. The District has already
withdrawn its funds from the CPIA, but it is further required to adopt the attached resolution to
complete the transaction of closing the District's account, as stated in a notice the District
received: "In order to terminate the CPIA, each agency that has been a participant of the pool
must pass a resolution formally withdrawing from the CPIA." By passing this resolution the
District will have formally severed any relationship with the CPIA.
Prepared by:
Lisa Zadek, Senior Administrative Assistant
Contact person:
L. Craig Britton,General Manager
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,Larry Hassett,Kenneth C.Nitz •Genera!Manager:L.Craig Britton
RESOLUTION NO. 0 1-07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TERMINATING THE JOINT EXERCISE OF POWERS
AGREEMENT CREATING THE CALIFORNIA POOLED
INVESTMENT AUTHORITY
The Board of Directors of the Mid peninsula Regional Open Space District does hereby resolve
and order as follows:
Section 1. Pursuant to Section VII.I(b) of the Joint Exercise of Powers Agreement(the
"Agreement") creating the California Pooled Investment Authority (the"Authority"), acting in
concert with the governing bodies of all the contracting parties, the Board of Directors hereby
terminates and rescinds the Agreement with the intention that the Authority be dissolved and its
assets distributed as provided in Sections VII.2 and VII.3 of the Agreement.
Section 2. The District Clerk is directed to transmit a copy of this Resolution to the
Secretary of the Authority.
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1335 500.00 Acme&Sons Sanitation Sanitation Services
1336 138.71 ADT Security Services Alarm Service
1337 197.97 Alamo Lighting Office Lighting
1338 158.04 All Laser Service Laser Printer Service
1339 86.49 Artscapes Young Framing Framing Services
1340 225.00 A-Total Fire Protection Company Sprinkler System Inspection-DNC
1341 19.38 AT&T Telephone Service
1342 72.54 Avaya, Inc. Telephone Service Agreement
1343 67.28 Janet Beaugh Vehicle Expense
1344 1,200.00 *1 Harry Brown Training Water Treatment Training-S.Hooper/G.Kern
1345 196.14 Browning-Ferris Industries Refuse Collection&Disposal
1346 111.00 Bill's Towing Service Towing Services
i
1347 3,400.00 Biotic Resources Group Sierra Azul Resource Management Project
1348 59.05 Cabela's Promotions, Inc. Uniforms
1349 413.64 John Cahill Reimbursement-Conference
1350 54.26 California Chamber of Commerce Employee Posters
1351 3,718.02 Carter Industries Inc. Vehicle Service Bodies
1352 375.87 Costco Wholesale Office Supplies
1353 11.43 CSK Auto Inc. Vehicle Parts
1354 152.84 Dennis Dart Vehicle Expense
1355 7,863.48 Dell Marketing L. P. Computer Server&Software
1356 460.00 Dufour Seminars Seminar-C. Beckman&M. Newburn
1357 160.00 East Bay Regional Park District Docent Training
1358 400.00 Eccles Engineering Engineering Calculations
1359 399.47 Ergonomic Sciences Corporation Computer Components
1360 8.58 Film To Frame Slide Processing
1361 1,061.52 Firestone Tire&Service Center Vehicle Maintenance&Servicing
1362 206.32 Matt Freeman Vehicle Expense
1363 214.28 Gardenland Power Equipment Field Supplies
1364 1,235.97 W.W. Grainger, Inc. Field Tools
1365 13,050.80 Harbor Printing Newsletter&Outdoor Activities Printing
1366 5,444.73 Gavin Hoban Sierra Azul Resource Management Project
1367 465.65 Jodi Isaacs Reimbursement--Conference&Vehicle
1368 5,925.00 Michael Johnson Office Modification Contractor
1369 60.00 Matt Ken Reimbursement--Uniform Boots
1370 634.71 Kinko's Printing Services
1371 987.39 Lanier Worldwide, Inc. Copier Lease
1372 146.38 Life Assist First Aid Supplies
1373 200.00 Tom Lindsay Docent Training
1374 719.20 Los Altos Garbage Company Garbage Service
1375 300.00 Merwin Mace Acquisition Consultant
1376 60.00 Magana's Building Maintenance Light Replacement
1377 170.40 Brian Malone Reimbursement--Uniform Boots
1378 38.24 MCI Worldcom Telephone Service
1379 120.00 MetroMobileCommunications Radio Maintenance&Repairs
1380 1,200.00 Edward C. March Instructor-Leadership Academy
1381 111.81 Moore Medical Corporation First Aid Supplies
1382 20,213.45 Nolan Associates Geological Assessment-Sierra Azul OSP
1383 1,737.20 Old Republic Title Company Title&Escrow Fees
Page 1
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1384 1,199,000.00 *** North American Title Company Lobner Acquisition
1385 56.14 Orlandi Trailer, Inc. Tires
1386 360.00 Pacific Bell Telephone Service
1387 910.98 Pacific Coast Trane Service Repair SRO Heating System
1388 175.00 Palo Alto Upholstery Tractor Seat Repair
1389 221.94 Peninsula Blueprint Printing Services
1390 256.85 Pip Printing Printing Services
1391 89.08 Precision Engravers Name Tag Engraving
1392 60.68 Rancho Hardware Field Supplies
1393 36.16 Rayne Water Conditioning Water Service
1394 370.56 Redwood General Tire Co., Inc. Tires
1395 217.06 Regal Dodge, Inc. Vehicle Repairs
1396 1,418.09 The Relizon Company Parking Citation Forms
1397 108.96 Eric Remington Wildlife Habitat Research Consultant
1398 1,000.00 Rentco Fence Rental Fencing-Bear Creek Redwoods
1399 165.81 Curt Riffle Reimbursement--Volunteer Project Supplies
1400 341.73 Carol Roland Vehicle Damage Reimbursement
1401 620.73 Roy's Repair Service Vehicle Maintenance&Repairs
1402 46.51 Ana Ruiz Vehicle Expense
1403 92.63 R.V. Cloud Plumbing Supplies
1404 128.72 Safety-Kleen Solvent Tank Service
1405 132.00 Santa Clara County Sheriff Fingerprinting Services
1406 32.00 Sequoia Analytical Water Testing
1407 25.87 Signs of the Times Sign
1408 1,076.25 Rick Skierka Licensed Land Surveyor
1409 19.56 Skyline County Water District Water Service
1410 350.30 Sandy Sommer Vehicle&Conference Expense
1411 49.12 *2 Sonia's Deli Local Business Meeting Expense
1412 749.51 Skywood Trading Post Fuel
1413 1,192.23 Steven's Creek Dodge Vehicle Maintenance&Repairs
1414 293.54 Steven's Creek Quarry, Inc. Road Repair Materials
1415 1,372.57 Summit Uniforms Uniforms
1416 2,011.74 Swanson Hydrology&Geomorphology Sierra Azul Hydrologic Assessment
1417 1,576.37 Sycamore Associates, LLC Consulting Biologist-Corte De Madera OSP
1418 269.48 The Bicycle Outfitter Bicycle Maintenance&Parts
1419 600.21 Therma Corporation HVAC Repairs
1420 125.00 Thoits Insurance Additional Vehicle Insurance
1421 936.00 Thornton Electric Company Electrical Repairs-Distel Building
1422 816.37 Tires on the Go Tires
1423 176.66 Minh Tran Reimbursement--Office Supplies
1424 794.49 United Rentals Equipment Rental
1425 63.10 Verizon Pager Service
1426 6,453.20 VISA 1827.14 Rental Repairs
495.00 Resource Documents
205.60 Local Business Meeting Expense
535.00 Membership Dues
715.00 Seminars/Training
600.89 Field Supplies
775.85 Conference Expense
930,77 Office Supplies
367.95 Daniels Nature Center Supplies
Page 2
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1427 345.60 Voss Trucking Trucking Fees-Baserock
1428 509.51 West Group Payment Center Legal On-line Service
1429 887.00 Cathy Woodbury Reimbursement Permits
1430 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Services
1431 468.17 Workingman's Emporium Uniforms
1432R 363.87 Petty Cash Local Business Meeting Expense, Office
Supplies, Field Supplies, Fuel,
Conference&Registration Fees
Total 1,302,319.59
'*` In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued March 08, 2001
*2 Urgent Check Issued March 06, 2001
Page 33
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1335 500.00 Acme&Sons Sanitation Sanitation Services
1336 138.71 ADT Security Services Alarm Service
1337 197.97 Alamo Lighting Office Lighting
1338 158.04 All Laser Service Laser Printer Service
1339 86.49 Artscapes Young Framing Framing Services
1340 225.00 A-Total Fire Protection Company Sprinkler System Inspection-DNC
1341 19.38 AT&T Telephone Service
1342 72.54 Avaya, Inc. Telephone Service Agreement
1343 67.28 Janet Beaugh Vehicle Expense
1344 1,200.00 *1 Harry Brown Training Water Treatment Training-S.Hooper/G.Kern
1345 196.14 Browning-Ferris Industries Refuse Collection&Disposal
1346 111.00 Bill's Towing Service Towing Services
1347 3,400.00 Biotic Resources Group Sierra Azul Resource Management Project
1348 59.05 Cabela's Promotions, Inc. Uniforms
1349 413.64 John Cahill Reimbursement-Conference
1350 54.26 California Chamber of Commerce Employee Posters
1351 3,718.02 Carter Industries Inc. Vehicle Service Bodies
1352 375.87 Costco Wholesale Office Supplies
1353 11.43 CSK Auto, Inc. Vehicle Parts
1354 152.84 Dennis Dart Vehicle Expense
1355 7,863.48 Dell Marketing L. P. Computer Server&Software
1356 460.00 Dufour Seminars Seminar-C. Beckman&M. Newburn
1357 160.00 East Bay Regional Park District Docent Training
1358 400.00 Eccles Engineering Engineering Calculations
1359 399.47 Ergonomic Sciences Corporation Computer Components
1360 8.58 Film To Frame Slide Processing
1361 1,061.52 Firestone Tire&Service Center Vehicle Maintenance&Servicing
1362 206.32 Matt Freeman Vehicle Expense
1363 214.28 Gardenland Power Equipment Field Supplies
1364 1,235.97 W.W. Grainger, Inc. Field Tools
1365 13,050.80 Harbor Printing Newsletter&Outdoor Activities Printing
1366 5,444.73 Gavin Hoban Sierra Azul Resource Management Project
1367 465.65 Jodi Isaacs Reimbursement--Conference&Vehicle
1368 5,925.00 Michael Johnson Office Modification Contractor
1369 60.00 Matt Ken Reimbursement--Uniform Boots
1370 634.71 Kinko's Printing Services
1371 987.39 Lanier Worldwide, Inc. Copier Lease
1372 146.38 Life Assist First Aid Supplies
1373 200.00 Tom Lindsay Docent Training
1374 719.20 Los Altos Garbage Company Garbage Service
1375 300.00 Merwin Mace Acquisition Consultant
1376 60.00 Magana's Building Maintenance Light Replacement
1377 170.40 Brian Malone Reimbursement--Uniform Boots
1378 38.24 MCI Worldcom Telephone Service
1379 120.00 MetroMobileCommunications Radio Maintenance&Repairs
1380 1,200.00 Edward C. March Instructor-Leadership Academy
1381 111.81 Moore Medical Corporation First Aid Supplies
1382 20,213.45 Nolan Associates Geological Assessment-Sierra Azul OSP
1383 1,737.20 Old Republic Title Company Title&Escrow Fees
Page 1
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1384 1,199,000.00 North American Title Company Lobner Acquisition
1385 56.14 Orlandi Trailer, Inc. Tires
1386 360.00 Pacific Bell Telephone Service
1387 910.98 Pacific Coast Trane Service Repair SRO Heating System
1388 175.00 Palo Alto Upholstery Tractor Seat Repair
1389 221.94 Peninsula Blueprint Printing Services
1390 256.85 Pip Printing Printing Services
1391 89.08 Precision Engravers Name Tag Engraving
1392 60.68 Rancho Hardware Field Supplies
1393 36.16 Rayne Water Conditioning Water Service
1394 370.56 Redwood General Tire Co., Inc. Tires
1395 217.06 Regal Dodge, Inc. Vehicle Repairs
1396 1,418.09 The Relizon Company Parking Citation Forms
1397 108.96 Eric Remington Wildlife Habitat Research Consultant
1398 1,000.00 Rentco Fence Rental Fencing-Bear Creek Redwoods
1399 165.81 Curt Riffle Reimbursement--Volunteer Project Supplies
1400 341.73 Carol Roland Vehicle Damage Reimbursement
1401 620.73 Roy's Repair Service Vehicle Maintenance&Repairs
1402 46.51 Ana Ruiz Vehicle Expense
1403 92.63 R.V. Cloud Plumbing Supplies
1404 128.72 Safety-Kleen Solvent Tank Service
1405 132.00 Santa Clara County Sheriff Fingerprinting Services
1406 32.00 Sequoia Analytical Water Testing
1407 25.87 Signs of the Times Sign
1408 1,076.25 Rick Skierka Licensed Land Surveyor
1409 19.56 Skyline County Water District Water Service
1410 350.30 Sandy Sommer Vehicle&Conference Expense
1411 49.12 *2 Sonia's Deli Local Business Meeting Expense
1412 749.51 Skywood Trading Post Fuel
1413 1,192.23 Steven's Creek Dodge Vehicle Maintenance&Repairs
1414 293.54 Steven's Creek Quarry, Inc. Road Repair Materials
1415 1,372.57 Summit Uniforms Uniforms
1416 2,011.74 Swanson Hydrology&Geomorphology Sierra Azul Hydrologic Assessment
1417 1,576.37 Sycamore Associates, LLC Consulting Biologist-Corte De Madera OSP
1418 269.48 The Bicycle Outfitter Bicycle Maintenance&Parts
1419 600.21 Therma Corporation HVAC Repairs
1420 125.00 Thoits Insurance Additional Vehicle Insurance
1421 936.00 Thornton Electric Company Electrical Repairs-Distel Building
1422 816.37 Tires on the Go Tires
1423 176.66 Minh Tran Reimbursement--Office Supplies
1424 794.49 United Rentals Equipment Rental
1425 63.10 Verizon Pager Service
1426 6,453.20 VISA 1827.14 Rental Repairs
495.00 Resource Documents
205.60 Local Business Meeting Expense
535.00 Membership Dues
715.00 Seminars/Training
600.89 Field Supplies
775.85 Conference Expense
930.77 Office Supplies
367.95 Daniels Nature Center Supplies
Page 2
i
Claims No. 01-05
Meeting 01-07
Date: March 14, 2001
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1427 345.60 Voss Trucking Trucking Fees-Baserock
1428 509.51 West Group Payment Center Legal On-line Service
1429 887.00 Cathy Woodbury Reimbursement Permits
1430 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Services
1431 468.17 Workingman's Emporium Uniforms
Total 1,301,955.72
*'* In the event the Agenda Item is not approved, this claim will not be processed.
*1 Urgent Check Issued March 08, 2001
*2 Urgent Check Issued March 06, 2001
i
I
i
Page 3
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
To: Board of Directors
From: L. Craig Britton, General Manager
Date: March 14, 2001
Re: FYI's
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail: mrosdoopenspace.org • Web site: www.openspace.org
Regional Open )ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
INTER-OFFICE MEMORANDUM
To: J. Maciel, Operations Manage
From: C. Britton, General Manager` `
Date: March 1, 2001
Subject: San Mateo County Property Addition to Purisima Creek Redwoods Open Space
Preserve
The Deed was recorded for the subject transaction on February 26, 2001 and title to and possession of
this 9.58 acre parcel passed to the District (the District formerly leased this property from the
County).
I am not aware of any use and management concerns that were not addressed in the staff report to the
Board. In accordance with the public notification policy, and since there were no public and/or
adjoining owner comments which might require amendment to the use and management
recommendations, close of escrow marks the final adoption of the preliminary use and management
plan recommendation as tentatively approved by the Board of Directors at their meeting of November
15, 2000.
DEDICATION/ACQUISITION CHART INhORNIATION
Ownership Status: Board Approval
Preserve/Area County/A.P.N. Grantor Acres (Fee, Easement,
Lease,Mgnu Agmt.) Date/Res. No.
Purisima Creek San Mateo County San Mateo 9.58 Fee 01/16/00-#00-11
Redwoods OSP County 11/15/00-#00-67
Dedication Date/
Mgmt. Status: Status:
Closing Date (Open;Closed, CNIU, Type Purchase Price GIS Code
or Other) (Intended'
Withheld)`'
Feb. 26, 2001 Open Intended No cost $0.00
transfer
Nlisc. Notes: Parc sly leased (beginning in 1987).
cc: Board of Directors
Administration
Operations
Accounting
Planning
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 7;t t O�»E�r
Board of Directors:Pete Siemens,Mary C.Davev,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz •General Manager:L.Craig Britton
Pagel of 2
Kristi Webb
From: Roger and Leslie Myers <rl.myers@home.com>
To: Attention: Open Space Board <mrosd@openspace.org>
Sent: Wednesday, March 14, 2001 8:19 AM
Subject: To the attention of the MROSD Board
Distinguished Members of the Board,
I am forwarding this message which details a 1998. study of trail
etiquette practices of mountain bike riders on Mt. Tamalpais. It clearly
demonstrates that, in this study at least, the vast majority of cyclists
observed ignored trail regulations designed to protect the resource,
leading to rapid resource degradation. Of considerable note is that this
study is posted on the web site for the pro-biking International
Mountain Bike Association. You can read it for yourselves at:
http://www.imba.com/resources/science/trail etiquette.html
When determining future District policy regarding trail use by cyclists,
I ask that members of the Board take into serious consideration the
results of this study. With such a huge and ever-growing number of
mountain bike riders out there it is truly frightening and saddening to
think that the VAST MAJORITY of them are ignoring trail regulations
designed to protect the resource.
I feel that to ignore this study is to ignore our District mission and
mandate to "protect and restore the natural environment".
Sincerely,
Roger Myers
MROSD Docent
------ Original Message--------
Subject: 1998 IMBA Study of MMWD: So much for renegade mountain bikers
being"a small minority"!
Date: Wed, 14 Mar 2001 07:18:51 -0800
From: Mike Vandeman<mivande(a7�pacbell.net>
To: (Recipient list suppressed)
At 07:08 PM 3/13/2001 -0800, Robert Eichstaedt wrote:
>Connie,
>You must have seen this,but if not, check it out...
>from the study....
>"Five hundred thirty-nine bicyclists were observed at the stream
>crossing. Seventy-two (13.4%)walked their bike across the bridge, 18
>(3.3%) rode their bike across the bridge, 448 (83.1%)rode their bike
3/14/01
Page 2 of 2
>through the stream, and 1 (0.2%)walked a bike through the stream. "
>and
>Bicyclists more likely to cross the bridge were females, did not wear
>gloves, and did not wear a hydration pack.
><<In other words,probably enjoying nature, not flogging it.>>
>
>It's at..
>
>htip://www.imba.com/resources/science/trail etiquette.html
So much for renegade mountain bikers being "a small minority"!
I am working on creating wildlife habitat that is off-limits to humans
("pure habitat"). Want to help? (I spent the previous 8 years fighting
auto dependence and road construction.)
http://home.pacbell.net/mivande
3/14/01
f lLl GV G'L+L./1 i�-.✓..r a • v. va_.. .... . ..e ..v . . ... .® .� ��.. ,� .
'W
}
C:r,WrfIWO HiTfOriCal,S, y and Museum Fehrunry 21, 2001
q cm/wrdne xco.kvr sucle{r and Mrtm m
10185 N. Stetting Rd
Cupertino, CA"W 4
Tel:40"73-1485
For Immediate Release —2 pages
January 15 2001
i 225"Anniversary—Commemoration and Re-enactment orJuan Bautista I
De Anza Expedition and 93'd Encampment of March 25 and 26, 1776
Saturday, March 24, 200 t - 1:00 pm
De Anza Knoll, Rancho San Antonio
(;upertino, Califomia
The Cupertino Historical Society in conjunction with other local historical and cultural
organizations is sponsoring the commemoration and re-enactment of the Juan
Bautista de Anza Expedition and 9'0 Encampment of March 25 and 28, 1776. The
event will be held at 1:00 pm on Saturday Mare 241h to coincide with the 22e
anniversary of the first overland expedition of Anza's party, which camped in present
day Cupertino. The event will take place on a prominent knoll adjeoent to Rancho
j Sam Antonio County Park and will last until 2:30 pm. It was atop this knoll on the 21r
i of March 1776 and as Inscribed by Fray Pedro Font in his dlary, that the Estuary of
San Francsm was first sighted during their journey up the Peninsula towards San
Francisco--and ultimately Fort Point at the foot of the Golden Cate Bridge.
The Commemoraition or Comments Wivo Is a 'Boring 1`98 y"event, which will include ,
the be Anna Lancers of Cupertino — a military unit recognized by the State of
Callfomia. Participants will include Qhlone Tribal rep rem dativas and descendents
from the original expedition of 1770 represented by L-os Fundadores de Afte
California - Friends of Santa Clara County acrid Los Cadlfbrnios. Music from this
historic period will be provided by E!Conjunfo Ca Nbmia.
Mr. Phil Valdez Jr. who is an a gerteraafion descendent and local historian--as well
as Bernal descendent Greg Smestad, a professor from tho institute for International {
Stuoles, Monterey California—will shave their insights Into this fascinating period of
early Californig history. Other dignitaries Include the Honorable Paul Bernal, a
Bernal descendent and Superior Court Judge of Santa Clara County, representatives
from the National Park Service—and others involved in the active preservation and
promotion of California's cultural and natural heritage.
Continued on Page 2
Cupertino Historical sty and MiLver-Im Fi►.f r rimy 21, 2001
Or adw Biwricai Society and Mrrsenrn
iwfi N StetlkV Rd
Cupertino, CA 9W14
i
Tel.408-ti73-1495
For IMMediate Release — 2 pages
January 15 2001
The event is open to those interested in learning more about the early history of
California that Includes the Native Americans who inhabited this region and helped
those who traversed 1500 miles mostly on foot through the desert regions of
Northern Mexico and Arizona known then as Nueva EXwna(New Spain)—to a new
land caJW Alta Casa. The entire route of the expedition is to be Implemented
where feaible by the National Park Service as a recreational trail and linear park
' through local participation—along with an auto route. Last year,this trait was one of
sixteen so distinguished by the White House as a National Millennium Trail
The event is being held on 85 acres or land owned by the: Di xxm of Sarr Jam that J
is scheduled for transfer to Santa Clara County as a part of the future expansion of
Rancho San Antonio. This will be an opportunity for those interested In the early
cultural and natural heritage of California to become Introduced to the rnterpretive
and educational opportunities of this future parkland.
PieoEfs+a be advised than there is no parking at—or near the knoll site, on Cristo Rey
Drive— not in the adjoining neighborhoods. Those wishing to attend by automobile
are requested to only use designated parking at Rancho San Antonio County Park.
Designated parkin Is bated within a 10-minute walk to where the commemoration
will occur. it is highly suggested that other means such as taking public transit,
walking or riding bicycles be used to reach the event slte. There will be a drop-off
point for those requiring some limited assistance.
Directions: From Interstate 200, south onto Foothill Blvd, Cupertino. Tum right at
Cristo Rey Drive towards Rancho San Antonio County Park. Park outornowles in
designated areas available once inside County park gates.
I
As a further note, the Cupertino Historical Socety wilt hW its MoWNy Genera! Mseling on
Tuesday, March 27"' at the Quinlan Community Center fcated at 10185 N. S'Wng Rd.,
Cupardrro. nth. Phil Valdez Jr. Wr/t conCroa an expanOW pre96IMWon of the do ARZa
Expet#ti w.
I
For more Information regarding these events, please contact the Cupertino Historical
Society at: (408) 973-1495 _
p},
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 13, 2001
Ms. Monika Hudson, City Manager
City of East Palo Alto
24115 University Avenue
East Palo Alto, CA 94303
RE: East Palo Alto Revitalization Plan (Ravenswood area)
Dear Ms. Hudson:
Congratulations on developing a very ambitious and exciting revitalization plan for East
Palo Alto. On behalf of the Midpeninsula Regional Open Space District, which owns and
manages Ravenswood Open Space Preserve, I would like to provide some
recommendations for your consideration regarding the East Palo Alto Revitalization
Plan.
Given that the mission of the Open Space District is
To acquire and preserve a regional greenbelt of open space land in perpetuity;
protect and restore the natural environment; and provide opportunities for
ecologically sensitive public enjoyment and education,"
the District has concerns about some of the land-use and development policies, as well as
capital improvements, proposed in the Revitalization Plan:
In Chapter 4 of the Revitalization Plan, the design concept illustrates the extension of
Bay Road to Cooley Landing, with a potential amphitheater and boat slips. Although the
Plan designates this area as public open space, and does not describe any intention to
encourage development of the site as illustrated, it infers that this intensity of recreational
activity would be allowed. This is of great concern to the District, as the Cooley Landing
Salt Pond, encompassing approximately 150 acres of Ravenswood Open Space Preserve
lying northerly of Bay Road, is currently being restored to native marshland as part of a
remediation program for the Rhone-Poulenc, Inc. 1990 Bay Road site in East Palo Alto.
This is the first wetlands restoration project in the South Bay in fifty years, and will be of
significant benefit to the Bay and to the threatened and endangered species that rely on a
salt marsh habitat. To the south of Cooley Landing ties the "restored"Palo Alto
Baylands, known as the Faber and Laurneister Tracts. Given the sensitivity of the
baylands habitat in general, and the salt marsh restoration projects in particular, the
District feels that any activity in the area adjacent to Ravenswood Open Space Preserve
should be designed for only low-intensity, passive recreation.
Among the goals of the Revitalization Plan, is the development of a land-use pattern that
encourages walking and that provides greater access to the bay front. However there is
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, Larry Hassett, Kenneth C.Nitz •General Manager:L.Craig Britton
Monika Hudson
March 13, 2001
Page 2
no mention of the San Francisco Bay Trail. The Bay Trail, once complete, will link the
shorelines of the nine counties that surround San Francisco Bay, providing easily
accessible, passive recreational opportunities for individual communities on a regional
basis. It will also offer a setting for viewing wildlife and for environmental education,
and will help to instill civic pride and respect for the Bay. The street network proposed
by the Revitalization Plan proposes adding a northern and southern extension to Pulgas
Avenue, renamed Bayside Drive. The southern extension would run along the edge of
the Palo Alto Baylands Nature Preserve, which would provide a perfect opportunity to
incorporate the Bay Trail directly into the streetscape design. The pedestrian network
could also emphasize local, citywide connections to the Bay Trail. The San Francisco
Bay Trail should be incorporated, as appropriate, throughout the plan.
In summary, urges the District you to amend the East Palo Alto Revitalization Plan to:
g
• Envision only open space and low-intensity recreational use at Cooley Landing
and the surrounding area, as well as along the extension of Bay Road, adjacent to
the District's Ravenswood Open Space Preserve and Palo Alto's Faber and
Laumeister Tracts.
• Incorporate the San Francisco Bay Trail, and inter-city connections to the Ba
IP Y Y
Trail, into the land-use policies and capital improvements planned for the street
and trail network.
East Palo Alto City staff and consultants have done an excellent job of developing a land-
use plan and design guidelines that will promote new business development and revitalize
the local economy. The District strongly believes that the amendments recommended
above complement the Revitalization Plan and will greatly enhance the quality of life for
the citizens of East Palo Alto while, at the same time, preserving and protecting the
important open space and habitat resources of the region.
Sine rely,
L. Craig ritton
General Manager
i
Cc: Board of Directors
Audrey Rust, Peninsula Open space Trust
Janet McBride, San Francisco Bay Trail Project
coU�v
County of Santa Clao
Office of the Clerk of the Board Of Supervisors
Coun", Government Center, East Wing
70 West i te(l(tirig Street
San jose, California 951 10-1770
(4081 209-4321 FAX 298-8460 TDD 993-8272
Web site http://clara,�eb.co,santa-clara.ca us/clerk/cIrkhor-ne htm
PlIN'llis.-v Perez
Clerk of the Board
March 7, 2001
Pete Denevi
129 Vista Real Court
Los Gatos, CA 95032
RE: Item No. 66 of the Board of Supervisors Agenda
relating to use permit for an 18-hole golf course
(File No. 5814-26-45-97P)
Dear Mr. Denevi:
At its regular meeting on February 27, 2001, the Board of Supervisorsoheld a public
hearing to consider your appeal from the decision of the Planning Commission
denying use permit application for an 18-hole golf course, driving range and
employee housing for property located on west side of Highway 17 at Bear Creek
Road, Los Gatos.
Subsequently, the Board of Supervisors closed the public hearing, declared its
intention to deny appeal, and referred the matter to County Counsel for preparation
of findings. Upon adoption of findings in the form of a Resolution, a copy will be
sent to you for your records.
If you have any questions, please feel free to contact our office.
Very truly yours,
Mahalia O. Layosa
Deputy Clerk
cc: The Zumbrun Law Finn
MidPeninsula Regional Open Space District
Office of the County Counsel
ERA Administration 11ul
Planning Office
2 00'