HomeMy Public PortalAbout20011212 - Agendas Packet - Board of Directors (BOD) - 01-26 Regional Open 5' ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday,December 12, 2001
330 Distel Circle
Los Altos, California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30* ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT-CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board
will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion
of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session.
1. Conference with Legal Counsel—Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b) -one
potential case
2. Conference with Legal Counsel -Existing Litigation Pursuant to Government Code
Section 54956.9(b)
Name of Case: Marquez v. Midpeninsula Regional Open Space District,et al.
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINsuLA REGIONAL
OPEN SPACE DISTRICT
** ORAL COMMUNICATIONS-Public
ADOPTION OF AGENDA
ADOPTION OF CONSENT CALENDAR-P. Siemens ns
***
ADOPTION OF MINUTES
• October 24,2001
BOARD BUSINESS
7:40* 1 Authorize the General Manager to Execute a Contract with Jakaby Engineering of San
Jose, CA in an Amount Not to Exceed$97,000 to Provide Topographic Surveys and
Design Studies, and Prepare Plans,Details, Specifications, and Cost Estimates for the
Federal Emergency Management Agency(FEMA)-Funded Virginia Mill Trail Repair
and Reconstruction at El Corte de Madera Creek Open Space Preserve—S. Sommer
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
Meeting 01-26 Page 2
7:45* 2 Authorize the General Manager to Execute a Contract with Jakaby Engineering of San
Jose, CA to Provide Design and Engineering Services in an Amount Not to Exceed
$31,835.45 for Implementation of Phase H Projects of the Trail Use Plan for El Corte de
Madera Creek Open Space Preserve—D. Vu
7.50* 3 Dedication Status of District ct Lands;Adopt the Attached Resolution Dedicating Inte
rests
in Certain District Lands for Public Open Space Purposes—D.Woods
8:10* 4 Approval of Proposed Financing Amendment to Purchase Agreement-Bargain Sale for
Acquisition of the McKannay Property Addition to the Mt. Umunhum of Sierra Azul
Open Space Preserve; Adopt the Attached Resolution Approving a Financing
Amendment to Purchase Agreement-Bargain Sale for the McKannay Property Addition—
M.Williams
8:20* 5 Approve Amendments to the 2001-2002 Fiscal Year Budget; Accept the District
Controller's Mid-Year Financial Report;Approve the Attached Resolution Approving an
Amendment to the 2001-2002 Fiscal Year Budget—K.Nitz
*** 6 Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Appointing Anthony Correia and Elisa Wickham as Peace Officers
—G. Baillie
*** 7 Authorize Staff to Solicit Bids for the Removal of One Minor Structure and Various
Debris at Sierra Azul Open Space Preserve and Restore the Area to a Natural Condition
(Former Calvillo Property)—J. Cahill
*** 8 Authorize Staff to Solicit Bids for the Demolition and Removal of Small Accessory
Structures at Sierra Azul Open Space Preserve and Restore the Area to a Natural
Condition(Former Bartels Property)—J. Cahill
*** 9 Adopt an Amendment to the Use and Management Plan for the Mt. Umunhum Area of
Sierra Azul Open Space Preserve for the Development of Public Access Improvements at
Mt. Umunhum Road—D.Vu
*** 10 Final Adoption of an Amendment to the Use and Management Plan for Windy Hill Open
Space Preserve to Install a Memorial Bench with a Plaque Honoring Former Director
Betsy Crowder—A. Ruiz
*** I 1 Cancellation of the December 26, 2001 Regular Meeting of the Board of Directors and
Rescheduling of the Regular Meetings of the Board of Directors in January 2002;Cancel
the December 26, 2001 Regular Meeting of the Board of Directors;Reschedule the
Regular Meetings of the Board of Directors from January 9 and January 23,2002 to
January 16 and January 30,2002,Respectively—S.Thielfoldt
*** 12 Notice of Contract Completion for the Improvements to the Administrative Office
Building at 330 Distel Circle, Los Altos, CA; Authorize the President of the Board,or
Other Appropriate Officer,to Execute the Attached Notice of Completion and
Acceptance of Work for the Office Improvement Project—J. Cahill
*** REVISED CLAIMS
Meeting 01-26 Page 3
8:40* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of
District Directors and Staff.
9:00* 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.
Regional Open Snace
t
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-23
_REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
October 24, 2001
MINUTES
I. ROLL CALL
President Pete Siemens called the meeting to order at 7:34 p.m.
Members Present: Jed Cyr(arrived at 7:37 p.m.), Mary Davey, Nonette Hanko, Deane
Little, Ken Nitz, and Pete Siemens.
Members Absent: Larry Hassett.
Staff Present: Craig Britton, Sue Schectman, John Escobar, Del Woods, John Maciel,
David Sanguinetti, Sally Thielfoldt, Thomas Fischer, Sumudu Welaratna, Michael
Williams, and Matt Freeman.
H. ORAL COMMUNICATIONS—There were none.
III. ADOPTION OF AGENDA
C. Britton called the Board's attention to the new agenda that contained a Special
Meeting. He added that the Board should consider adding proposed Agenda Item 6 as an
emergency item.
Motion: K. Nitz moved that the Board adopt the agenda. M. Davey seconded and
the motion passed 5 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Following discussion of N. Hanko's questions, the third sentence of the fourth paragraph
on page 3 of the September 26 minutes was changed to read, "He noted that the start of
the proposed project . . .." The fourth sentence was changed to read, " . . . LAFCO
approval to go forward with extending services."
N. Hanko noted concerns about the draft response to a letter from Mr. W. Melvin Brown,
M. D., P. O. Box 5447, San Mateo, discussed on pages 2 and 3 of the October 10
minutes. C. Britton said staff is still gathering information and will bring a new draft to
the next meeting.
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 ®wsr
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 0 1-23 Page 2
S. Schectman said perhaps the LFPAC committee could take up the matter of liability
releases if there were continuing Board interest in the issue,
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
minutes of the Special and Regular Meetings of September 12, September
26 as amended, and October 10, 2001; draft response to a letter from Mr.
Robert E. Jensen, P. O. Box 555,Pescadero; Agenda Item 3, Approval o
Tax Allocation Settlement Agreement with Santa Clara County, Authorize
the President to Sign the attached Mutual Settlement Agreement and
Mutual Release to Resolve Property Tax Allocation Issues; Agenda Item
4, Authorization to Contract with Precise Mailing, Inc. Mailing Services
for the Remainder of Fiscal Year 2001-2002, with an Option to Extend the
Contract for Fiscal Year 2002-2003-, Authorize the General Manager t
Enter into a Contract for Mailing,Services with Precise Mailing, Inc. far
the Remainder of Fiscal Year 2001-2002 for an Amount Not to Exceed
$18,000,with the Option to Extend the Contract to Fiscal Year 2002-2003
Subject to Further Board Approval; Agenda Item 5, Annual Seasonal
Trail Closures Information Report,Review and Comment on Propose
Trail Closures, No Formal Board Action is Required; and Revised Claims
0 1-20. M. Davey seconded the motion. The motion passed 6 to 0.
Regarding Item 5, K. Nitz referred to item 6 on the table, stating that he did not know
there was equestrian use at Pulgas Ridge to begin with. J. Escobar said he did not believe
there was equestrian use, but the Board had never taken formal action to not allow it, and
that this was an interim closure until the Use and Management Committee formalizes it.
V. BOARD BUSINESS
A. Agenda Item No. I —Proposed Addition of the McKannay Property to the Mt.
Umunhum Area of Sierra Azul 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 McKannay Property, Tentatively Adopt
the Preliminaty Use and Management Plan Recommendations Contained in this
Report, Including Naming the Property as an Addition to the Mt. Umunhum Area
of the Sierra Azul Open Space Preserve; Indicate your Intention to Withhold
Dedication of the Property as Public Open Space at this Time—(Report R-01-
12 A
D. Woods noted changes to the terms and conditions in the staff report. He
described the property and showed its location on a map. A PowerPoint
presentation showed views of the property.
M. Williams outlined terms and conditions of the acquisition. He introduced
Richard and Adrian McKannay, property owners. He showed on a map which
parcels are owned by the McKannay family and which are owned by Santa Clara
Meeting 01-23 Page 3
County and the District. He said there were 25 other owners of the other two
acres in the Hacienda Park"paper" subdivision.
Regarding the condition of the bridge, M. Williams said it is a flatcar and is in
good shape. The bridge serves the driveway that goes into lease area. He said
there were some other bridges that are part of this transaction.
M. Williams said there might have been slide problems on the road in El Niho
years, but it has been used for access to lands the District owns.
M. Williams said the lessees are responsible for road and driveway maintenance.
There is a couple who act as caretakers. The owners can use the property for a
vacation home or a full time residence and can have caretakers.
S. Schectman clarified the terms of the lease regarding lessee damage to the
property.
M. Williams noted that maintenance items in relation to the lease area are the
responsibility of the lessee. He said that after ten years, the decision could be
made to continue the lease, use the property as an employee residence, rent it
publicly, or remove the structures.
D. Woods stated that the Water District reports indicated that their testing showed
the sedimentation level was fine in the creek.
I Cyr noted some corrections to the lease agreement, including misspelling of
McKannay on the last page.
C. Britton added that the County Parks Commission had approved transfer of lots
in the Hacienda Park subdivision to the District. He reminded them that there
were two aspects of the transaction that would come back to the Board; 1) if the
McKannay family requests any financing; and 2) if there needs to be a lot line
adjustment. He said he had gone on a ride along, and it is really a beautiful area.
He said the gates are substantial and the bridges are in good shape.
Regarding the fuel tanks, M. Williams talked about the testing. He said power is
still provided by a generator. The above-ground diesel tank is in good condition.
He said he did not believe the buildings were permitted, but they are assessed.
There is a hazardous materials indemnity in the lease.
Motion: K. Nitz moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report;
adopt Resolution No. 01-26, Resolution of the Board of Directors
of the Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement-Bargain Sale, Authorizing
Meeting 0 1-23 Page 4
Officer to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the Transaction
(Sierra Azul Open Space Preserve—Lands of McKannay);
tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report, including naming
the property as an addition to the Mt. Umunhum Area of the Sierra
Azul Open Space Preserve; and indicate their intention to withhold
dedication of the property as public open space at this time. D.
Little seconded the motion. The motion passed 6 to 0.
B. Agenda Item No. 2- Authorization to Solicit Bids for Roof Replacement and
Painting of the Red Barn,Determine that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act (CE0A) as
Set Out in this Report, Authorize Staff to Solicit Bids for Roof Replacement an
Painting of the Red Barn at 150 La Honda Road,La Honda, CA at the La Honda
Creek Open Space Preserve— Report R-0 1-119).
S. Welaratna presented the staff report.
Regarding notification of the neighbors, J. Escobar said this project is considered
routine maintenance so there is no provision for notification to the public. N.
Hanko said she would like the report sent to PMAC (Pescadero Municipal
Agricultural Council) for distribution to their Board, as there is lots of interest
there. She talked about the newspapers in the area and asked that a copy of the
report be sent to them as well.
Board members discussed the color, noting that they did not want it to be the
same color as at present. P. Siemens said it was important to choose a paint that
will hold up.
S. Welaratna said in addition to the Pallid Bat, there are two other species in the
barn. She said the consultants would remove the guano and provide information
on how to manage it in the future, perhaps by putting down tarps. She said if the
top were lined, people could use the downstairs. J. Escobar noted that if they
applied for permits for public use, it would trigger more review, including
earthquake safety.
S. Welaratna said there is $63,000 in this year's budget for the project.
D. Little expressed concern about the bats, stating he was afraid there might be a
significant impact on them. He said he would have liked to know about the bats
sooner and would like to know more about the consultant.
Meeting 01-23 Page 5
S. Welaratna said staff was bringing this item to the Board at this time because
they want to do the work while they think the bats are out of building. In the
consultant's opinion, they are doing everything properly.
D. Sanguinetti said staff has been working on the cupola and has tried to work in
a manner to minimize stress. He said the bats do not seem to be bothered. Staff
had not been close enough to see which species were in the building.
C. Britton agreed that staff had done everything exactly right. He said there had
been a lot of pressure from the Board and the public to save this barn. Staff had
not acted in an arbitrary or capricious manner, nor had they acted quickly. He
said the minute they found the species of concern, they stopped work and got
consultant help.
M. Freeman said the consultants are highly regarded and have done research with
Pallid Bats before. The consultants employed an appropriate surveying technique.
D. Little requested additional confirmation from the consultant regarding this
particular population. He would like to see data that this kind of an intrusion does
not result in mortality or migration from the site. He thought the bats were a more
valuable resource than the barn.
C. Britton said staff would obtain the information, and have the consultant come
to the Board meeting when the project was proposed for approval.
Motion: N. Hanko moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in the staff report,
and authorize staff to solicit bids for roof replacement and painting
of the Red Barn at 150 La Honda Road, La Honda, CA 94062, in
La Honda Creek Open Space Preserve. K. Nitz seconded the
motion.
Amendment: D. Little moved that staff ask the bat consultant to bring to the staff
and to a public meeting as much information as possible regarding
the Pallid Bat, whether this bat population tolerates banding and
intrusion on their roost sites without undue mortality or migration
away from the site. N. Hanko seconded the motion.
Discussion: C. Britton said staff will bring the consultant in to address the
issues raised, then the Board would have the information they need
to make the decision as to whether or not to go forward with the
project. He said the next step would be to come back after opening
the bids and recommend a contractor to go forward with the
project. Staff would bring back the consultant at that time.
Meeting 01-23 Page 6
Vote on amendment: The motion passed 6 to 0.
Vote on main motion: The motion passed 6 to 0.
C. Agenda Item No. 6—Proposed Adoption of a Resolution Urging Stanford
University to Offer, and Santa Clara County to Require, Dedication of Two Trail
Alignments in Accordance With the Countywide Trails Master Plan—(Report R-
01-125).
this was brought as an emergency item because there is a
M. Davey explained that t s ae
Y p g g Y
public hearing on November 1 and the next Board meeting is not until November
1.4. An important factor in carrying out the Stanford Community Plan was that
they should consult with the District. She said it was important that we show it is
necessary to put a trail system in place at the best and optimum routes.
Motion: N. Hanko moved that the Board determine that there is a need for
the District to take immediate action and that the need to take
action came to the attention of the District subsequent to the
posting of the agenda for this meeting. K. Nitz seconded the
motion. The motion passed 6 to 0.
M. Davey said the trail system proposed by Stanford is not appropriate to what
the county is asking Stanford to do. She said the Resolution is asking for Stanford
to follow what the General Use Permit (GUP) and community plan has asked
them to do. She talked about the two trails proposed by Stanford and possible
alternatives that are safer, and are recreational paths. The county wants a
permanent easement but Stanford is hesitant. She urged the Board to adopt the
Resolution and send copies to the County and a consortium of groups who have
been following the Stanford plan for the past two and one-half years.
N. Hanko said she would support the Resolution if it were worded so as not to
rule out the possibility of future trails. The goal is to eventually have a real
regional system of trails that would use Stanford land as a connection. M. Davey
clarified that while this talks about two trails, it does not preclude others. She
said the county's plan specifically talks about a trail from the bay to the sea.
C. Britton suggested putting in the cover letter that the Resolution the Board
passed has to do with the two alignments required as part of the GUP, but the
District is interested in other trails throughout its land that have not been
recommended at this time, so that the District does not think that these are the
only trails being looked at on Stanford land. He added that the District had
followed this matter over the last couple of years, and even with community
objections, Stanford has gotten 99% of what it wanted. He said the District's
point is that the county master plan was developed through a process of public
hearings and comes up with some good alignments. Maybe the alignments are
Meeting 01-23 Page 7
not where Stanford would like them, but maybe it is time Stanford hears what the
public is saying.
Following discussion, the seventh paragraph was amended to read, Santa
Clara County to require, trail dedications in conformance with the Santa Clara
Countywide Trails Master Plan, as Stanford agreed to during the General Use
Permit process." By consensus, Board members agreed to amend the wording of
the Resolution to point out that what Stanford is proposing is a change to what
they agreed to.
Motion: N. Hanko moved that the Board adopt Resolution No. 01-28,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Urging Stanford University to Offer, and
Santa Clara County to Require, Dedication of Two Trails
Alignments in Accordance with the Countywide Trails Master
Plan, as amended. K. Nitz seconded the motion.
Discussion: D. Little commented that the beginning of the resolution might be
misinterpreted as endorsing Stanford's proposal. C. Britton
suggested adding the words, "as Stanford Agreed to During the
General Use Permit Process" to the title of the Resolution. Board
members concurred.
Vote: The motion passed 6 to 0.
At 9:25 p.m., the Board adjourned to a Special Meeting to discuss Special Meeting Agenda
Item 1. The same Board members were present.
VI. SPECIAL MEETING
A. Agenda Item No. 1 - Approval_of New Grant Deeds to San Jose Water Com an
for the Montgomery Highlands Association Replacement Water System
Associated with the Acquisition of the Former Krone/Bishop Trust Property
Addition to the El Sereno Open Space Preserve;Determine that no Further
Environmental Documentation is Required Under the California Environmental
Quality Act CEQA)Based on the Findings as Set Out in This Report: Adopt the
Attached Resolution Authorizing;the Execution of Necessary Documents by the
General Manager President, or Other Appropriate Board Officer of the Board of
Directors Adjusting the Area of the San Jose Water Company's New Tank Site
and Easements, But in no Event Greater than a Total of One(1) Acre in Size—
(Report R-01-124).
T. Fischer presented staff's recommendation.
S. Schectman said that staff determined it was appropriate to come back to the
Board with this special item since in December the Board President was
Meeting 0 1-23 Page 8
authorized by the Board to execute a grant deed and easement deed for the water
project. However, the staff report, although not the actual recommendation, did
have the actual square footage of property to be deeded. Staff felt that since this
decision involved granting San Jose Water Company title to fee and easement
land, the Board would have wanted to have this information brought back to
them. She said in the future where there is a similar situation, staff will make it
clear that the Board President have flexibility in executing Grant Deeds in the
event minor project area changes are needed due to changes in the final building
plans.
Motion: J. Cyr moved that the Board determine that no further
environmental documentation is required under the California
Environmental Quality Act based on the findings as set out in the
staff report; and adopt Resolution No. 01-27,Resolution of the
Board of Directors of the Midpeninsula Regional Open Space
District Authorizing Execution of Certificates of Acceptance for
Quitclaims to District, to Execute Grant and Easement Deeds to
Reconfigure the Water Tank and Easement Site, and Authorizing
the President or Other Appropriate Board Officer and General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (El Sereno Open Space
Preserve— San Jose Water Company). N. Hanko seconded the
motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
M. Davey: 1. She said she learned a lot at the Not-So-Annual conference in Marin
County, and the District staff did a great job. 2. Copies of the presentation by Wm.
McDonough shown at the Hidden Villa celebration are available at Hidden Villa. 3. She
had received a letter from the Bay Area Ridge Trail asking the District to work with them
to make sure we help fill in the gaps in the Ridge Trail in Santa Clara County.
K. Nitz: 1. He also thought the Marin County meeting was great. 2. He noticed in the
Skyline Newsletter that hantavirus had been found on Skyline. D. Sanguinetti said they
have a number of precautions through OSHA regulations. They are following the
situation very closely.
P. Siemens talked about his recent trip.
J. Cyr said he appreciated C. Britton suggesting that the whole Board attend the Not-So-
Annual Conference.
D. Little: 1. He also enjoyed the conference. 2. He will be on vacation next week.
C. Britton: 1. He had a news release from Terry Trumbull who is on the Bay Area Air
Quality Management District Advisory Council stating they have some openings. 2. He
has been given an opportunity to join POST in a group to look at stewardship on the coast
Meeting 01-23 Page 9
in the long term. 3. There will be a District presentation on October 30 at the Ted
Adcock Center in Half Moon Bay. 4. He attended the Bay Area Open Space Area
Council Executive Committee meeting last week. Bill 1.602 was approved ($2.6 billion
parks bond) and will be on the March ballot. The Governor signed Byron Sher's bill, SB
497. The Governor vetoed AB 104, the $4 vehicle fee for clean water. 5. He talked
about the legislative breakfast he attended last Saturday along with S. Jensen and J. Cyr,
noting that it was always worthwhile to attend. 6. The Public Affairs staff made a
presentation at the field offices on October 27. 7. He went on a ride-along with Jeff
Smith to see the McKannay property. 8. He talked about precautions being taken in the
handling of mail.
P. Siemens said he would be in J. Simitian's District when the redistricting takes place.
C. Britton said the redrawing of District boundaries must be completed before the
November 2002 election and will be in next year's work plan.
J. Escobar: 1. He reminded the Use and Management Committee of a meeting tomorrow
at 6:00 p.m. 2. The Ad hoc coastal committee would meet November 1 at 12 noon. 3.
He had received a report from J. Cahill that the Kabcenell work has stopped for the year.
4. He planned to work with the Foothill crew tomorrow removing eucalyptus at Pulgas
Ridge. They are hiring the California Conservation Corp. to do some additional work
there.
J. Maciel and D. Sanguinetti reported on two incidents, the Portola Fire(located at the
Russian Ridge Open Space Preserve) and the rescue of the elderly couple whose car had
run off the road. D. Sanguinetti commended the actions of staff in both cases.
VIH. ADJOURNMENT
At 10:24 p.m., the meeting was adjourned.
I
Roberta Wolfe
Recording Secretary
Claims No. 01-20
Meeting 01-23
October 24, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2593 1,300.00 Aaron 's Septic Tank Service Sanitation Services
2594 143.28 Ace Fire Equipment& Service Co., Inc. Fire Extinguisher Service
2595 1,458.17 Acme& Sons Sanitation Sanitation Services
2596 49333 Allied Auto Works Vehicle Maintenance& Repairs
2597 71.82 ANG Newspapers Mailing Services Advertisement
2598 30.02 AT&T Phone Service
2599 197.80 Gordon Baillie Reimbursement-CARPOSA Expenses
2600 4,888.64 Barg Coffin Lewis &Trapp Legal Consultants/Guadalupe Watershed
2601 102.79 Craig Beckman Reimbursement For Business Meeting
2602 476.00 Bills Towing&Recovery Towing Service
2603 922.48 Brim Tractor Company Tractor Parts
2604 63.70 Cabela's Uniforms
2605 243.02 California Water Service Company Water Service
2606 5,502.34 Cambria Corporation Database Consultant Services
2607 153.48 Cascade Fire Equipment Company Uniform Lettering
2608 381.61 Cole Supply Company Janitorial Supplies
2609 417.49 State of California-Dept. of General Services New Vehicle Procurement Fees
2610 16,317.99 Done Right Roofing and Gutters, Inc. SRO Ranch House-Roof Replacement
2611 271.43 John Escobar Reimbursement-CPRS Leg. Committee Mtg.
2612 9.72 Foster Brothers Key Duplication
2613 64.75 Fry's Electronics Computer Accessory
2614 135.00 *1 Half Moon Bay Review HMB Meeting Advertisement
2615 129.55 Hengehold Motor Co., Inc. Van Rental-Mt. Umunhum. VIP Tour
2616 1,817.10 Hertz Equipment Rental Dozer Rental-Twin Creeks Area
2617 1,888.16 Howard Rome Martin&Ridley LLP Richmond VS Midpeninsula-Legal
2618 108.83 J. Marcel Enterprises Bike Patrol Jacket
2619 150.00 Tamara Kan Ferel Pig Rooting Study Ecologist
2620 28.62 Keeble&Shuchat Photography Photo Processing
2621 14.00 Kinko's Map&Photo Copies
2622 81.81 Kwik Key Lock&Safe Co., Inc. Lock&Key Services
2623 117.01 Lanier Worldwide, Inc. Copier Agreement
2624 840.96 Maaco Auto Painting& Bodyworks Camper Shell Repairs
2625 91.60 John Maciel Reimbursement-CARPOSA Conference
2626 268.62 MetroMobileCommunications Radio Reprogramming
2627 143.81 Minton's Lumber&Supply Field Supplies
2628 2,140,000.00 North American Title Company McKannay Acquisition
2629 1,077.36 Office Depot Office Supplies
2630 1,000.00 *2 Old Republic Title Company Acquisition Deposit
2631 427.85 Orchard Supply Hardware Field Supplies
2632 1,551.94 Pacific Bell Telephone'Service
2633 1,114.76 Peninsula Digital Imaging Large Maps for Bulletin Boards
2634 62.28 PIP Printing Coastal Information Brochure Printing
2635 24.99 Rancho Hardware Field Supplies
2636 36.13 Rayne Water Conditioning Water Service
2637 164.42 REI Corporate and Group Sales Uniform Boots
2638 1,130.00 Rhus Ridge Association Rhus Ridge Road Maintenance Fee
2639 197.45 ROMIC Environmental Technologies Corp. Hazardous Materials Disposal Service
2640 3,320.90 Roy's Repair Service Vehicle Maintenance&Repairs
2641 16.20 Safety-Kleen Absorbent for Spills
Page 1
Claims No. 01-20
Meeting 01-23
October 24, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2642 2,093.25 San Jose Mercury News Recruitment&Bid Advertisements
2643 32.39 Sears Shop Vac Filter
2644 118.08 Second Cup Local Business Meeting Expense
2645 199.00 SkillPath Seminars Seminar-G. Ison
2646 250.00 Sterling Underground Construction Septic System Monitoring-RSA
2647 19.44 Summit Uniforms Flashlight Holder
2648 1,542.56 3-D Gourmet Catering Mt. Umunhum Vip Tour Catering
2649 17.00 Tires On The Go Tire Repair
2650 49934 URI Highway Technologies Trail Regulatory Signs and Road Paint
2651 246.00 Verio/Best Internet Dial up Internet Service-All 3 Offices
2652 109.02 M. Douglas Vu Vehicle Expense
2653 86.94 Sumudu Welaratna Vehicle Expense
2654 73.48 West Coast Rebar Co., Inc. Rebar-Harkins Cutover Tread Repair
2655 828.95 West Group Payment Center Legal Periodicals &On-line Legal Services
2656 16.52 Elisa Wickham Reimbursement-Uniform Expense
2657 76.42 Wildfire Wrenches for New Trucks
2658 155.25 Mike Williams Vehicle Expense
2659 900.00 Roberta Wolfe Recording Services
2660 200.00 Woodside& Portola Private Patrol Windy Hill Patrol Services
2661R 260.00 L. Craig Britton Reimbursement-"Not So Annual Conference"
2662R 87.50 City of Half Moon Bay Room Rental For October 30, Meeting
2663R 132.10 Federal Express Express Mailing Service
2664R 509.70 Laura Raymaker Consultanting-Public Affairs Department
2665R 69.11 Del Woods Reimbursement-Camera Accessories
2666R 510.89 Petty Cash Local Business Meeting Expense, Vehicle
Repairs&Maintenance, Office &Field
Supplies and Film
Total 2,198,482.15
In the event Agenda Item 1 is not approved, this claim will not be processed.
*1 Urgent Check Issued October 16, 2001
*2 Urgent Check Issued September 22, 2001
Page 2
Regional Open ' ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-139
Meeting 01-26
December 12, 2001
AGENDA ITEM 1
AGENDA ITEM
Authorization to Execute a Contract with Jakaby Engineering to ride Consulting Services in an
Amount Not to Exceed $97,000 for the Federal Emergency M nagemegt Agency(FEMA)-Funded
Virginia Mill Trail Repair and Reconstruction at El Corte de adera Cr k Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute a contract with Jakaby Engineering of San Jose in an
amount not to exceed $97,000 to conduct topographic surveys and design studies, and prepare plans,
details, specifications, and cost estimates for the FEMA-funded Virginia Mill Trail Repair and
Reconstruction at El Corte de Madera Creek Open Space Preserve.
DISCUSSION
The Virginia Mill Trail is an unpaved road used for recreational trail purposes, as well as District
ranger patrol and fire access to the interior of El Corte de Madera Creek Open Space Preserve. The
trail is open to hiking, bicycling, and equestrian use. In February 1998,the El Nino storms caused two
extensive landslides along several hundred feet of the trail, in some places more than 100 vertical feet.
Water bars, ditches, and culverts were overwhelmed by the significant quantity of water moving
through the area during the storms. Soil and large woody debris settled in the year-round stream
below.
The District was awarded two Federal Emergency Management Agency(FEMA)grants totaling
approximately $100,900 to repair the slides and reconstruct the existing unpaved trail. However, last
year you determined that the best course of action is to abandon and restore the damaged section;
reopening a formerly closed logging trail that will lead to a new non-vehicular bridge over the creek
(see attached map). At your May 24, 2000 meeting you tentatively amended the Trail Use Plan
element of the Comprehensive Use and Management Plan for El Corte de Madera Creek Open Space
Preserve to permanently reroute Virginia Mill Trail to avoid the damaged area(see Report R-00-71).
At your June 28, 2000 meeting the Use and Management Plan amendments were made final (see
Report R-00-86).
In September 2000, staff requested a change to the FEMA grant scope to allow the trail to be rerouted
as approved by the Board. Authorization of this request is expected shortly. FEMA staff recently
suggested that the District request supplemental funding to pay for the additional consultant costs
incurred with the change in grant scope. Staff will be pursuing this suggestion further in the next
month. The Fiscal Year 2001-2002 Planning Department budget includes$134,800 for the project.
To design the project, obtain permits, and complete the repairs, the District needs technical assistance
from a wide-ranging team of engineering and natural resource experts. In earl November staff issued
g g g g P Y
a request for proposals (RFP), seeking consultant teams with qualifications in civil, geotechnical, and
330 Distel Circle • Los Altos, CA 9402 2-1 404 • 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-01-139 Page 2
structural engineering, surveying, hydrology, biology, resource and Coastal Zone permitting,
environmental impact analysis, and familiar tywith ailconstruction methods and equipment in
remote sensitive locations. Staff held a well attended pre-proposal meeting for interested firms in late
November to further describe the setting and project approach.
Services to be provided by the consultant team include conducting topographic surveys and design
studies, and preparing grading plans, details, specifications, and cost estimates. Many complex issues
will need to be addressed, including low impact bridge construction in coordination with in-stream
aquatic habitat enhancement, erosion control, and trail restoration. The team will also obtain County
and resource permits, and assist staff in preparing environmental impact documents and monitoring
construction.
Staff received 6 proposals in response to the RFP. After reviewing the proposals and qualifications of
all respondents, staff now recommends retaining the consultant team consisting of Jakaby Engineering,
Timothy Best, Biotic Resources Group, Haro Kasunich&Associates, and Landpeople(Randy
Anderson). Jakaby Engineering will coordinate the team's work and contract directly with the District.
The other team members will be subcontractors to Jakaby Engineering. In reviewing this team's work,
staff has been impressed with their practical approach, responsiveness, and extensive relevant
experience. They have demonstrated familiarity with county and regulatory agency permitting processes,
and are able to provide the comprehensive services requested.
It is possible that unforeseen scope and fee changes may arise prior to the completion of the project. In
such instances it benefits the District for staff to respond quickly, allowing the work to proceed
smoothly rather than stopping to await Board approval of minor additional assignments. For this
reason, staff recommends that the Board authorize the General Manager to make future consultant
contract additions up to approximately 15% of the contract amount($12,750). This contingency
amount will not be applied to the project unless additional work not included in the original work
scope is eventually required. The requested contract authorization includes this contingency amount in
addition to the consultant's proposed fee, authorizing the General Manager to execute a consultant
contract in an amount not to exceed $97,000.
CEQA COMPLIANCE
The District has concluded that entering into this agreement with natural resources and engineering
consultants does not constitute a project under California Environmental Quality Act (CEQA).
Therefore, the recommended actions are exempt from CEQA. The Board will have an opportunity to
further review the project according to CEQA if and when action is taken by the Board to implement the
consultant work, such as authorizing bidding for repair work.
Prepared by:
Sandy Sommer, AICP, Senior Planner
Contact Person:
Same as above
VI 1NIA MILL TRAIL REPAIR ISOJECT
El Corte de Madera Creek Open Space Preserve
1
1
1400 t
• o
0.3
�f0 ,
a
.C�
.f
(CM10)
c � I
SEGMENTS 145 & 146:
! BUILD NEW TRAIL
2.5 f TO BRIDGE SITE
42
j (REMOVE AERIAL
TREE) CLOSE UNTIL
BRIDGE IS OPEN
7q3 '
SEGMENT 143: PERFORM ;
MAINTENANCE AD a• 145 BUILD BRIDGE
DRAINAGE REPA'IRS •.�.• NEXT YEAR
Slide
Area �,,e �►``��
SEGMENT 144:
PERFORM SEASONAL-
MAINTENANCE ON
INTERIM TRAIL UNTIL Existing Log Jam 1200
BRIDGE IS OPEN, THEN
l000
CLOSE AND RESTORE
aao Existing Ford
"0, 0.0 .l .2 .3 .4 .5 Mile
10/00
I-
I
Regional Open c ice
j
R-01-138 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
December 12, 2001
AGENDA ITEM 2
AGENDA ITEM
Authorization to Execute a Contract with Jakaby Engineering to Provide Design and Engineering Services
in an Amount Not to Exceed$31,835.45 for Implemen on of Phase II Projects of the Trail Use Plan for
f El Corte de Madera Creek Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute a contract with Jakaby Engineering in an amount not exceed
ICI
$31,835.45 to prepare plans and specifications for projects identified in Phase II of the Trail Use Plan for El
Corte de Madera Creek Open Space Preserve.
BACKGROUND
In July 1996,the District submitted an application to the National Recreational Trails Fund Act Program
(NRTFA)for a 50 percent matching grant in the amount of$73,925 to implement projects identified in
Phase II of the Board-adopted Trail Use Plan for El Corte de Madera Creek Open Space Preserve(see
Report R-96-76 . These Phase II projects included the construction of trails to helpform a perimeter trail
I� ) P l
around the Preserve, a new trail below the sandstone formation,two new trail bridges,repair of an existing
patrol bridge, and closure and restoration of unauthorized trails. In September 1997,the District was
awarded a$73,000 grant that stipulated a 5-year deadline(June 2002) for completion of the projects.
As of March 1998,the District incurred$34,565 in project costs associated with the NRTFA grant. Since
this is a 50 percent matching grant, the District requested and received$17,282 from the Department of
II
Parks and Recreation,which administers the program. The remaining amount the District is eligible to
receive for this grant is $55,718. Therefore,projects related to this grant were placed in the 2001-2002
Action Plan and include the Methuselah Creek Crossing, Tafom (B7)Trail Reroute, and the Lawrence
Creek Bridge Repair. A total of$89,600 has been budgeted towards their completion.
DISCUSSION
Although the District has yet to be reimbursed for minor restoration and trail work that has been completed
II' since March 1998, two major projects identified in the grant application remain to be completed. These
projects include the construction of a trail below the sandstone formation near Tafoni Trail(also known as
Trail B7) and the repair of a patrol bridge at Lawrence Creek Trail(see Exhibit A).
Tafoni (B7)Trail Reroute
Last year, a staff committee explored and reviewed possible trail alignments and interpretive opportunities
for the sandstone formation near Tafoni Trail. The goals in developing this trail were to protect the fragile
g P g P
structure while offering opportunities for enjoyment and education. After numerous site visits and
discussion of the opportunities and constraints, staff has developed several alternatives that would
potentially meet these goals. These alternatives will be brought to the Use and Management Committee in
the near future for review and approval.
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.org7 ®. E
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-01-138 Page 2
Lawrence Creek Bridge Repair
In the past, staff has consulted with engineers and geologists in order to determine the best course of action
for re-opening the patrol bridge at Lawrence Creek Trail. The bridge is constructed of a railroad car frame
40-feet long and 12-feet wide and rests on large redwood log abutments. It is one of the few bridges at El
Corte de Madera Creek Open Space Preserve that is accessible by vehicles for patrol and emergency
purposes. Over the past few years, the condition of the bridge has worsened. In addition to the bridge's
foundation already being highly unstable,runoff from heavy rains is currently causing further siltation, and
heavy flows are posing bank stabilization problems beneath the bridge. It is for these reasons that the
bridge is currently available for use by hikers only.
Last month, staff requested qualifications and proposals from various firms specializing in civil,
geotechnical, and structural engineering to assess these projects as well as develop the plans and
specifications necessary for permitting and construction. In order to convey staff goals for these projects,
and to provide an opportunity for interested firms to ask questions,the District held a pre-proposal meeting
at the main office on November 26.
Of the proposals received, staff determined that Jakaby Engineering of San Jose was best suited to provide
the necessary engineering and project management services for these projects. Jakaby Engineering has
extensive experience with the design and engineering of structures, especially bridges and decks. Past
projects completed by this firm for the District include foundation repairs to the"Red Barn'at La Honda
Creek Open Space Preserve, engineering and construction documents for the Stevens Creek pedestrian
bridge at Monte Bello Open Space Preserve, and permit approval and construction assistance for the
Daniels Nature Center at Skyline Ridge Open Space Preserve.
The Request for Proposals called for a full service design package for both the Tafoni (B7)Trail and
Lawrence Creek Bridge projects. The itemized contract amount for the Tafoni(B7)Trail project is
$16,312.75, including a 15%contingency. Staff has determined that feasible design options and cost
estimates should be developed before proceeding with the construction documentation and permitting
phases for the Lawrence Creek Bridge project. Therefore, the consultant services for this project will only
consist of surveying and mapping the site,performing the necessary geotechnical and hydrological
investigations, and developing three conceptual design alternatives with respective cost estimates. Once
the conceptual designs are reviewed and an alternative has been chosen, staff will return to the Board for a
contract amendment to proceed with remaining phases for this project. The itemized contract amount for
the Lawrence Creek Bridge project is $15,522.70, including a 15%contingency.
CEQA COMPLIANCE
Staff concludes that entering into this consultant agreement for design and engineering services does not
constitute a project under California Environmental Quality Act(CEQA). Therefore, the recommended
action is exempt. Any future action taken by the Board to implement the consultant's work will be subject
to CEQA review at that time.
Prepared by:
Douglas Vu, Open Space Planner I
Contact Person:
Same as above
El Corte de Madera Creek Open Space Preserve
PROJECT LOCATION MAP
Hiking Only Trails
Multi-Use Trails
Road-Width/Multi-Use Trails
Swett Road
S'f
P
e00
Dd�a
2000
uo�se 3 1.0 FI\I d'OM+c,13Creek Trail 7 ,�•\
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m� pi
a T�
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` �a�10 0.2 ® Point
0.9 1.0 ra. t
�F �� 1.2, ic`• �.
0.9 1 r0.5
"M17)" TRAIL B7 06 3
0 2200 0.2 ��•�• �
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LOCATION o 0.1 i°- cM02)
/otlont�a ~ pJ0.3 0.3
t •`. 0.5 0.2
o•
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1600 1
1600 / • 1.3 :° t.1
(CMOs) 0.3 �.// .� ' 'a 20oo -i 0.4
0.6 h�q 2000
�r 0.6- • .i07 1 10.6 1CMo3)
7 0•
0 I1 0.7 : row/ 0.3 O1s • / 2000
��0• ..0\ 0.5 (CM04)
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0.4
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- m
1600 14004 �• �00
s (CMOs) cr
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Vir ms•° / 1.2 / 1200 1.3 �
LAWRENCE CREEK omj`a'' •jo
BRIDGE LOCATION :/ �,0.2 CM°6,
2.1
Mill trail f0
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0.0 .1 .2 .3 A .5 .6 .7 .8 .9 1.0
One Mile
EXHIBIT A
Regional Open F ice
1
R-0I-145 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
December 12, 2001
AGENDA ITEM 3
AGENDA ITEM
Dedication Status of District Lands
GENERAL R' ND
Adopt the attached resolution dedicating interests in certain District lands for public open space
purposes.
INTRODUCTION
In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see
Report R-86-03), an annual report indicating the status of District lands as dedicated or
undedicated is to be presented to you in December of each year. According to this policy:
"Normally, undedicated lands within the District's boundaries will be held for future dedication
to park or open space, or both, purposes, but only after the necessary planning, boundary
adjustments, provision for permanent access and other changes g in configuration, which may
involve the disposal or exchange of interests in all or portions of such lands, have been
completed." Dedications are usually made in December on the basis of the annual report.
During the year,part of the use and management planning decisions the Board makes for
specific parcels and preserves is whether to indicate by motion an intention to dedicate certain
interests in land, such as fee title or open space or trail easements. Note that although a motion
of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a
new acquisition is approved, this does not mean that the parcel would necessarily be dedicated
the following December. That is because it is usually prudent to wait until the Comprehensive,
or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed.
Since it might benefit the program of the District at some future time to apply development
g p g
i
density credits from dedicated District land to other lands, dedication of these credits is not
normally included at the time of the annual dedications. The idea behind withholding potential
density credits from dedication, while dedicating the land itself for public open space purposes,
is that these credits may represent an asset of the District which may be of substantial value in
the future. The credits might be used for transfer to private property, potentially increasing the
allowed development density on that property. This might be done in connection with a joint
development application with the private party.
In exchange, some of that property might be permanently preserved or the District might receive
a cash payment which could be used for purchase of open space land in another location. Joint
development plans and transfer of development rights are, of course, subject to approval of the
city or county in which the land lies. A further rationale is that the District, in asserting its
potential right to use these credits, may be able to counter proposals to increase allowed
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FO I!!T
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-01-145 Page 2
development densities that are based on the argument that the potential development, which the
District is precluding by buying open space, can be put somewhere else in the hillsides. Since
the District has, in effect, paid for this density, we can argue that the District, if anyone, should
benefit.
Status Summary: Table 1 gives a summary of the dedication status of District preserves and
preserve subareas. Only those parcels for which transactions have closed and title has passed to
the District on or before December 20, 2000 are included. The interest in land that the District
holds, i.e., fee title, easement, or other(lease, management agreement, etc.), is listed for each
area. Rights of first refusal and/or reversions to the District are not included. The District holds
an interest in 46,706 acres of land; 41,486 acres in fee, and 5,219 acres in lesser interests. The
District added 1,012 acres in fee since December 20, 2000; including 158 acres of new lands and
converting to fee 856 acres of lesser interests.
RECOMMENDED DEDICATIONS
Purisima Creek Redwoods Open Snace Preserve
The former 9.58-acre San Mateo County property is adjacent to and includes a portion of the
Redwood Trail at Purisima Creek Redwoods Open Space Preserve. The attractive forested
property was previously leased from San Mateo County for the purpose of providing the area
needed to develop staging and trailhead facilities for the preserve. The property was transferred
to the District in March 2001 in order to permanently integrate it into the preserve, thereby
protecting the scenic resources and public access facilities.
Monte Bello Open Space Preserve
The former 61.07-acre Schwabacher and 40-acre McCone properties are located on the north
side of Stevens Creek Canyon, east of Monte Bello Open Space Preserve and adjacent to Stevens
Creek County Park. Although the parcels are noncontiguous to the preserve, they are located in
a planned trail corridor that will eventually connect the park and preserve. Recently, the former
Lobner property was acquired which also lies within the planned trail corridor. As this trail
corridor has become more of a reality, dedicating the Schwabacher and McCone properties is
now beneficial. The Lobner property is currently being surveyed and may be recommended for
dedication next year.
Properties within Sierra Azul Open Space Preserve were considered for possible dedication but
recommendations are being deferred until the master planning process and resolution of issues
surrounding the mercury contamidation of the Guadalupe River watershed are further along.
The upper portion of Bear Creek Redwoods Open Space Preserve and the former Krone Bishop
property at El Sereno Open Space Preserve are also likely candidates in the near future when
property boundary issues are resolved.
SUMMARY
Of the 46,706 acres preserved by the District, 2,445 acres are rights that cannot be dedicated
such as leases, management agreements, etcetera, leaving 44,261 acres of marketable interests in
R-01-145 Page 3
land. Of this amount, 30,415 acres (68.72%) are dedicated and 13,846 acres (31.28%) are
undedicated. Upon adoption of the attached resolution dedicating approximately 111 additional
acres as recommended in this report, 30,526 acres (68.97%) would be dedicated and 13,735
acres (31.03%)would be undedicated. Of the 13,735 acres of undedicated lands, 10,820 acres
(78.78%) are confined in the Sierra Azul Open Space Preserve.
Prepared by:
Del Woods, Senior Acquisition Planner
Shannon Younkin, Acquisitions Administrative Assistant
Contact person:
Del Woods, Senior Acquisition Planner
RESOLUTION NO. 01-
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT DEDICATING INTERESTS IN
CERTAIN DISTRICT LANDS FOR PUBLIC OPEN
SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows:
Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open
space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the
District shown herein, except for possible development rights which might be transferred to or for the
benefit of other lands.
INTERESTS IN LAND TO BE DEDICATED
EXCEPT FOR POTENTIAL DENSITY CREDITS
Preserve/Area Grantor Board Closing Acreage Property
Approval Date Interest
Date
Monte Bello McCone January 24, 1979 February 26, 1979 40 Fee
Monte Bello Schwabacher October 26, 1988 January 31, 1990 61.07 Fee
Purisima Creek San Mateo Co. January 26, 2000 February 26, 2001 9.58 Fee
TOTAL: 11
Table 1.DEDICATION STATUS SUMMARY"
File: Run Date:
LANDSOO.XLS 05-Dec-01
Preserve Area Acres Fee Acres Fee Acres Fee Acres Fee Acres Acres Acres Acres Acres Fee, Acres Fee, Acres Fee, Acres Fee,
Dedicated Undedicated Intended Dedictaed& Easement& Easement& Easement Easement& Easement& Easement& Easement& Easement&
__JUndedicated Other Other &Other Other Ded.& Other Other Other Other Ded.&
Dedicated Undedicated Intended Unded. Dedicated Undedicated Intended Unded.
Bear Creek 260 811 805 1,071 0 0 0 0 260 811 805 1,071
Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1
Coal Creek 493 0 0 493 0 0 0 0 493 0 0 493
Edgewood County
Park 0 0 0 0 468 0 0 468 468 0 0 468
El Corte de Madera
Creek 2,818 4 0 2,821 0 0 0 0 2,818 4 0 2,821
ElSereno 1,131 279 259 1,670 0 (1) 0 0 1,131 279 259 1,410
Foothills 211 0 0 211 0 0 0 0 211 0 0 211
Fremont Older 735 0 0 735 0 4 0 4 735 4 0
G.G.N.R.A. 0 0 0 0 0 1,227 0 1,227 0 1,227 0 1,.
La Honda Creek 1,839 217 150 2,056 0 0 0 0 1,839 217 150 2,056
Long Ridge 1,804 114 34 1,918 13 14 0 27 1,817 128 34 1,946
Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274
Mills Creek 284 0 0 284 0 0 0 0 284 0 0 284
Monte Bello "Monte Bello" 2,655 141 61 2,797 0 25 86 25 2,655 166 148 2,822
Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308
Monte Bello Palo Alto 0 0 0 0 0 85 0 85 0 85 0 85
Monte Bello (All) (2963.270) (141.467) (61.467) (3,105) (0.000) (110.270) (86.367) (110) (2963) (252) (148) (3,215)
Moody Gulch 0 0 0 0 0 171 0 0 0 171 0 171
Pulgas Ridge 366 0 0 366 0 0 0 0 366 0 0 366
Purisima Creek
Redwoods 2,543 574 571 3,117 0 0 0 0 2,543 574 571 3,117
Rancho San Antonio
2,138 1 0 2,139 1,495 166 0 1,661 3,633 167 0 3,800
Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373
Russian Ridge 1,669 147 0 1,816 0 6 0 6 1,669 153 0 1,822
Saratoga Gap 882 206 0 1,088 2 0 0 2 884 206 0 1,090
Sierra Azul Cathedral Oaks 225 1,920 33 2,146 0 14 0 14 225 1,935 33 2,160
Sierra Azul Kennedy
Limekiln 2,540 304 0 2,844 68 7 5 76 2,608 312 5 2,'
Sierra Azul Mt.Umunhum 718 8,574 478 9,292 372 780 0 1,152 1,090 9,354 478 10,
Sierra Azul "Summit Road" 0 0 0 0 0 0 0 0 0 0 0 u
Sierra Azul (All) (3483.275) (10798.507) (510.810) (14,282) (440.420) (801.581) (5.000) (1„242) (3924) (11600) (516) (15,524)
Skyline Ridge 1,258 458 0 1,716 81 10 0 91 1,339 468 0 1,807
Stevens Creek-
Shoreline 54 0 0 54 1 0 0 1 55 0 0 55
St.Joseph's Hill - 174 0 0 174 94 0 0 94 268 0 0 268
Teague Hill 624 2 2 626 0 0 0 0 624 2 2 626
Thomewood 136 12 0 149 5 10 0 15 141 22 0 163
Windy Hill 1,304 2 0 1,306 0 0 0 0 1,304 2 0 1,306
All 27,717 13,770 2,394 41,486 2,698 2,522 91 5,219 30,415 16,291 2,486 46,706
AIncludes only those interests acquired(title or lease recorded or unrecorded lease fully executed)on or before: 20-Dec-00
Note:All entries rounded to nearest acre after summations.
Regional Open ice
' 1
R-01-146 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
December 12, 2001
AGENDA ITEM 4
AGENDA ITEM
Approval of Proposed Financing Amendment to Purchase eeme Bargain Sale for Acquisition of the
McKannay Property Addition to the Mt. Umunhum Ar of Sierra Azu Open Space Preserve
GENERAL MANAGER'S RECOMM
Adopt the attached resolution approving a Financing Amendment o Purchase Agreement-Bargain Sale for the
McKannay property acquisition.
DESCRIPTION(see attached maul
I
At your meeting of October 24, 2001, you approved a Purchase Agreement-Bargain Sale for acquisition of the
162.06-acre McKannay property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space
Preserve. The Purchase Agreement provided that, if requested by seller, an amendment would return to you in
order for the McKannay Trust to finance a portion of the $2,150,000 pu- hase price (see Report R- 01-121).
The seller has requested partial financing of the purchase price for their tax planning purposes. The attached
amendment provides for two separate escrows and the financing of$1,010,000 of the purchase price. The first
closing will convey 50% of fee title of the subject property to the District on December 14, 2001, but no later
than December 21, 2001 and the second closing will convey the remaining 50% of fee title to the District after
January 1, 2002, but no later than January 9, 2002. Upon the second close of escrow the District will have
100% fee ownership of the property, and the Title Insurance Policy will reflect and insure the District's 100%
fee ownership. The District would be required to pay $655,000 in cash at the close of the first escrow and pay
$420,000 of interest-free principal by January 9, 2002. The District would pay $485,000 in cash at the close of
the second escrow, and provide the final $590,000 in interest only unsecured promissory notes at an interest rate
of 4.1% per annum over ten years. This interest rate was established in consultation with the District's bond
underwriter, and is considered a market rate for this type of note. Therefore, a total of$1,560,000 would be
paid in cash and interest free principal payments by the close of the second escrow. The District would have until
January 10, 2012 to pay the remaining $590,000 principal balance, unless the final payment is accelerated at the
option of the seller; however, exercising of an early payment option by the seller would be subject to a penalty.
The District may also accelerate payment of the notes after 5 years without penalty. All other terms and
conditions of the Purchase Agreement approved on October 24, 2001 remain in full effect.
CEQA COMPLIANCE
This transaction was determined to be categorically exempt from CEQA (the California Environmental Quality
Act) at your October 24, 2001 meeting. The findings detailed in the prior staff report remain in effect and
unchanged. The District further concludes that the action proposed in this report does not constitute a change in
the project which would result in any impact on the environment. The physical project remains unchanged; this
financing amendment is purely procedural in nature.
Prepared by:
Michael C. Williams, Real Property Representative
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
RESOLUTION NO. 0 1-
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF FINANCING
AMENDMENT TO PURCHASE AGREEMENT-
BARGAIN SALE, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (SIERRA AZUL
OPEN SPACE PRESERVE—LANDS OF McKANNAY)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
accept the attached Financing Amendment to Purchase Agreement-Bargain between the Richard H.
McKannay Trust dated April 10, 1994 and Midpeninsula Regional Open Space District, a copy of
which is attached hereto and by reference made a part hereof, and authorizes the President or
appropriate officers to execute the Financing Amendment to Purchase Agreement-Bargain Sale on
behalf of the District.
Section Two. This Financing Amendment is incorporated into that certain purchase Agreement-
Bargain Sale dated October 24, 2001 as approved by Resolution 01-26 of the Board of Directors. All
of the remaining terms and conditions of said Purchase Agreement-Bargain Sale remain in full force
and effect.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the implementation or closing of this transaction.
Sierra Azul Ope- Space Preserve - Mcunnay Acquisition
Midpenifisula Regional Open Space District
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FINANCING AMENDMENT TO PURCHASE AGREEMENT - BARGAIN SALE
THIS FINANCING AMENDMENT TO PURCHASE AGREEMENT- BARGAIN SALE ("Financing
Amendment") is made and entered into as of December 12, 2001, by and between RICHARD H.
McKANNAY TRUST ("Seller") and 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 ("District").
A. District and Seller are parties to that certain Purchase Agreement - Bargain Sale
dated October 24, 2001 (the "Agreement"). Capitalized terms used in this Financing Amendment
and not otherwise defined shall have the meanings ascribed to them in the Purchase Agreement.
B. As part of the consideration for the Agreement, District and Seller agreed, that
upon Seller's request, the Agreement would be amended to provide for financing of all or a
portion of the Purchase Price. Accordingly, District having received such request from Seller,
District and Seller now desire to amend the Purchase Agreement solely as set forth in this
Financing Amendment.
AGREEMENT
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, District and Seller hereby agree as follows:
1. Section 2 of the Purchase Agreement is hereby amended to read as follows:
Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two
Million One Hundred and Fifty Thousand and No/100 Dollars ($2,150,000.00) which shall be
paid in the following manner:
A. An initial payment of Ten Thousand and No/100 Dollars ($10,000.00)
towards the Purchase Price has been paid into escrow in accordance with Section 15 of this
Agreement; and
B. District shall deposit into escrow with the Escrow Holder the sum of One
Million One Hundred and Thirty Thousand and No/100 Dollars ($1,130,000.00) in cash; and
C. District shall deposit into escrow Unsecured Promissory Notes (the
Notes") in the principal amount of One Million One Hundred and Ten Thousand and No/100
Dollars ($1,010,000.00) in the forms attached hereto as Exhibit "I" and incorporated by this
reference which shall be issued to the following individual beneficiaries of Seller in the following
denominations:
W One separate Note made payable to Gabrielle M. Miller in the
principal amount of One Hundred and Eighty Thousand and No/100 Dollars ($180,000.00). Said
Page 2
Note shall be interest free and the entire principal amount of the Note shall be due and payable in
full after January 1, 2002, but no later than January 9, 2002; and
(ii) One separate Note made payable to Owen S. McKannay in the
principal amount of Two Hundred and Forty Thousand and No/100 Dollars ($240,000.00). Said
Note shall be interest free and the entire principal amount of the Note shall be due and payable in
full after January 1, 2002, but no later than January 9, 2002; and
(iii) One separate Note made payable to Maura M. Siemers in the
principal amount of Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00). Said
Note shall bear tax-free interest at the rate of four and ten hundredths (4.10%) per annum, simple
interest, commencing on the date of Close of Escrow of the conveyance of the fractional interest
of said beneficiary in the Property as set out in Section 2 of this Financing Amendment. This Note
shall provide for quarterly installments of accrued interest only, and a final payment of the full
principal and any remaining accrued interest shall be due and payable on January 10, 2012.
(iv) One separate Note made payable to Sarah Tate and Adrienne
McKannay in the principal amount of Three Hundred and Forty Thousand and No/100 Dollars
($340,000.00). Said Note shall bear tax-free interest at the rate of four and ten hundredths
(4.10%) per annum, simple interest, commencing on the date of Close of Escrow of the
conveyance of the fractional interest of said beneficiary in the Property as set out in Section 2 of
this Financing Amendment. This Note shall provide for quarterly installments of accrued interest
only, and a final payment of principal and any remaining accrued interest shall be due and payable
on January 10, 2012.
These Notes shall be unsecured as expressly authorized by Section 5544.2 of the Public Resources
Code of the State of California.
2. CLOSING. The date of the close of escrow as set forth in Section 4.A of the
i Closing. The conveyance of the
Agreement i hereb amended as follows:Purchases
YY
fractional interest in the Property of the following beneficiaries of the Trust shall close escrow on
December 14, 2001, but no later than December 21, 2001: Gabrielle M. Miller, Owen S.
McKannay, and Lori McKannay Matthews. Each such beneficiary shall convey at least a 1/6
undivided interest in the Property to District so that upon the First Close of Escrow on or before
December 21, 2001 at least Fifty percent (50%) of the fee title to the Property has been conveyed
to the District; and (ii) Second Closing. The conveyance of the fractional interests in the Property
of the following beneficiaries of the Trust shall close escrow after January 1, 2002, but no later
than January 9, 2002: Maura M. Siemers, Christine De Voto, Sarah Tate, and Adrienne
McKannay. Maura M. Siemers, Christine De Voto shall each convey 1/6 undivided interest in the
Property, and Sarah Tate, and Adrienne McKannay shall each convey a 1/12 undivided interest
the Property so that, upon the Second Close of Escrow on January 9, 2002, one hundred percent
(100%) of the fee title to the Property has been conveyed to District. In accordance with Section
4.C of the Purchase Agreement, Seller may convey fractional interests in the Property to the
beneficiaries of the Trust, and such beneficiaries may then convey fractional interests to District
as set out in this Financing Amendment, so long as, upon the Second Closing, (i) one hundred
i
Page 3
percent (100%) of the fee title to the Property, subject only to the Permitted Exceptions, has been
conveyed to District by Seller and/or such beneficiaries, and (ii) District is able to obtain an
owner's policy of title insurance in accordance with Section 4.17 of the Purchase Agreement. In
the event less than 100% of the fee title to the Property has been conveyed to District upon the
Second Closing, District will have the right to terminate the Agreement and this Financing
Amendment and to rescind this transaction in its entirety. Seller will be responsible for full
payment of any escrow and title cancellation charges in that event, in addition to any other
remedy available to District as a result of the breach or default of the obligations of Seller or any
beneficiary named herein.
3. RATIFICATION. All terms and conditions of the Purchase Agreement, as amended
by this Financing Amendment, shall continue in full force and effect.
IN WITNESS WHEREOF, Seller and District have executed this Financing Amendment as of
the day and year first written above.
DISTRICT: SELLE�2:
ACCEPTED FOR RECOMMENDATION
Gabrielle Miller, Co-Trustee on behalf
of the Richard H. McKannay Trust
Michael C. Williams, Real Property Representative
Date:
APPROVED AS TO FORM:
Christine De Voto, Co-Trustee on behalf
Susan M. Schectman, General Counsel of the Richard H. McKannay Trust
RECOMMENDED FOR APPROVAL: Dated:
L. Craig Britton, General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
WHI�iT ',
DO NOT DESTROY THIS ORIGINAL NOTE: This original note must be surrendered to the
Midpeninsula Regional Open Space District before the final principal payment will be made.
UNSECURED PROMISSORY NOTE
Principal Amount
Date of Note
Los Altos, California
FOR VALUE RECEIVED, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a California Public District ("Maker"), does hereby promise to pay Maura M.
Siemers, a married woman as her sole and separate property, for order at 5 Freedom Lane
South, Petaluma, CA 94952 ("Holder") or at such other place as the Holder hereof may, from
time to time, hereafter designate in writing, in lawful money of the United States of America,
the principal sum of Two Hundred and Fifty Thousand and No/100 Dollars ($250,000.00),
together with interest from the date hereof on unpaid principal at the rate of four and ten
hundredths percent (4.1%) per annum. Should any accrued interest not be paid when due, as
provided below, it shall be added to the unpaid principal and shall thereafter bear interest in
the same manner as principal. Interest shall be calculated on a 365 day year.
1. dents. Installments of principal and interest shall be due, payable and credited as
follows:
(a) Maturity Date: The principal amount hereof shall be paid by Maker on or before
January 10, 2012.
b Installment payments of accrued interest only hereon shall be paid by Maker in
O Y p
quarterly installments of Two Thousand Five Hundred and Sixty two and 501100
Dollars ($2,562.50) (every three (3) months) payable on April 10, July 10,
October 10 and January 10 of each year until this Note is satisfied in its entirety.
The first such quarterly payment shall be due and payable on April 10, 2002.
(c) In case any date specified above for the payment of principal and/or interest on
this Note shall be a legal holiday, such payment shall be made on the first
succeeding business day.
(d) All payments made hereon shall be applied first to the payment of all unpaid
interest accrued hereon to the date of such payment and the balance, if any,
shall be applied to the payment of principal. Interest shall thereupon cease upon
the principal paid.
1
2. Acceleration Upon Default. At the option of Holder, the entire principal balance
together with all accrued interest thereon shall immediately become due and payable
upon the occurrence of any of the following (hereinafter referred to as an "Event of
Default"):
(a) the default in the payment of principal or interest when due pursuant to the
terms hereof, which has not been cured within 30 days of the payment due date;
or
(b) default in the performance of any obligation or covenant of the Maker contained
herein, which has not been cured within 30 days of written notice of default by
Holder.
3. Prepayment Privileges. The Maker may, on any interest payment date on or after
(5 years) from the date of this Note, prepay the unpaid principal amount hereof upon
payment of such principal amount plus accrued interest thereon, without penalty or
premium, to the date of such prepayment, provided that sixty (60) days written notice
of any such prepayment shall be provided to the Holder. Any proration of accrued
interest upon prepayment shall be calculated on the basis of a 365-day year. Holder
may demand prepayment of all the entire outstanding principal balance due together
with any accrued interest under this Note at any time, provided that sixty (60) days
written notice of any such prepayment shall be provided to Maker. In such event, the
principal due shall be discounted by nine tenths of a percent (0.9%) for each year
remaining year(s) of the ten year Note term. Any required proration of interest shall be
calculated on the basis of a 365-day year. As used herein, a year shall mean each
successive twelve-month period commencing with the date this Note is issued.
4. Junior Lien and Maker's Obligation. Maker's obligation for payment of principal and
interest on this Note is and shall be junior and subordinate to all outstanding public
notes and notes secured by a Deed of Trust, bonds, leases or other obligations secured
by revenues of the Maker, and any and all subsequent public note issues of Maker or
future pledge of revenues created by Maker for the purpose of public financing the
Maker's purpose or operation.
5. Waivers. Any waiver, express or implied, of any breach hereof or default hereunder
shall not be considered a waiver of any subsequent breach or default. Maker waives, to
the full extent permitted by law, the right to plead the statute of limitations set out in
Section 337 of the California Code of Civil Procedure as defense to any demand on this
Note.
2
6. Arbitration of Disputes. If a dispute arises out of or relates to this Note or the
performance or breach thereof, the Maker and Holder 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 judge of the Superior or Appellate 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 including the right of
discovery. Hearings shall be held in San Mateo, Santa Clara, or San Francisco
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 and shall be enforceable by judgment of the Superior Court of the
State of California. The cost of arbitration shall be borne by the non-prevailing party.
The award of the arbitrator shall not include any attorneys' fees or other expert witness
fees and such fees shall be borne solely by the party employing such professional
services.
7. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker of the
loss, theft, destruction or mutilation of this Note, and in the case of any such loss,
theft, or destruction of this Note, upon delivery of an indemnity bond by the Holder
hereof in such reasonable amount as Maker may determine, or, in the case of any such
mutilation, upon surrender and cancellation of this Note, Maker will execute and
deliver, in lieu thereof, a replacement note of like form, substance and effect.
8. Jurisdiction. This Note shall be governed by and construed in accordance with the laws
of the State of California.
9. Severance. Every provision of this Note is intended to be severable. In the event any
term or provision hereof is declared to be illegal or invalid for any reason whatsoever
r f competent jurisdiction such illegality or invalidity shall not affect the
b a court o
Yjurisdiction, g ty Y
balance of the terms and provisions hereof, which terms and provisions shall remain
binding and enforceable.
10. Modification. No provision of this Note may be waived, modified or discharged other
than by an agreement in writing signed by the party against whom enforcement of such
waiver, modification or discharge is sought.
11. Pledge and Assignm__ent. Holder may sell, assign, transfer, pledge and hypothecate this
Note in its entirety by providing prior written notification to Maker.
3
12. Notice. Any notice required or permitted in connection with this Note will be in
writing and will be given to Holder at the address set out above, and to Maker at the
following address: Midpeninsula Regional Open Space District, 330 Distel Circle, Los
Altos, Ca 94022, by personal delivery, facsimile transmission, or registered or certified
mail first class United States mail, return receipt requested.
IN WITNESS WHEREOF, the undersigned has executed and delivered this Note as of the date
and year first above written.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A Public District
Director Director
Date: Date:
Director Director
Date: Date:
Director Director
Date: Date:
Director
Date:
4
DO NOT DESTROY THIS ORIGINAL NOTE: This original note must be
surrendered to the Midpeninsula Regional Open Space District before the final principal
payment will be made.
UNSECURED PROMISSORY NOTE
Principal Amount Date of Note
Los Altos, California
FOR VALUE RECEIVED, the undersigned, MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a California Public District ("Maker"), does hereby promise to pay
Sarah Tate, a married woman as her sole and separate property, and Adrienne
McKannay, a single woman, as tenants-in-common, for order at 170 Avila Way, San
Francisco, CA 94123 ("Holder") or at such other place as the Holder hereof may, from
time to time, hereafter designate in writing, in lawful money of the United States of
America, the principal sum of Three Hundred and Forty Thousand and No/100 Dollars
($340,000.00), together with interest from the date hereof on unpaid principal at the
rate of four and ten hundredths percent (4.1%) per annum. Should any accrued interest
not be paid when due, as provided below, it shall be added to the unpaid principal and
shall thereafter bear interest in the same manner as principal. Interest shall be
calculated on a 365 day year.
1. Payments. Installments of principal and interest shall be due, payable and
credited as follows:
(a) Maturity Date: The principal amount hereof shall be paid by Maker on
or before January 10, 2012.
(b) Installment payments of accrued interest only hereon shall be paid by
Maker in quarterly installments of Three Thousand Four Hundred and
Eighty five and No/100 Dollars ($3,485.00) (every three (3) months)
payable on April 10, July 10, October 10 and January 10 of each year
until this Note is satisfied in its entirety. The first such quarterly.
payment shall be due and payable on April 10, 2002.
(c) In case any date specified above for the payment of principal and/or
interest on this Note shall be a legal holiday, such payment shall be made
on the first succeeding business day.
(d) All payments made hereon shall be applied first to the payment of all
unpaid interest accrued hereon to the date of such payment and the
5
balance, if any, shall be applied to the payment of principal. Interest
shall thereupon cease upon the principal paid.
2. Acceleration U12on Default. At the option of Holder, the entire principal
balance together with all accrued interest thereon shall immediately become due
and payable upon the occurrence of any of the following (hereinafter referred to
as an "Event of Default"):
(a) the default in the payment of principal or interest when due pursuant to
the terms hereof, which has not been cured within 30 days of the
payment due date; or
(b) default in the performance of any obligation or covenant of the Maker
contained herein, which has not been cured within 30 days of written
notice of default by Holder,
3. Prepayment Privileges. The Maker may, on any interest payment date on or
after (5 years) from the date of this Note, prepay the unpaid principal amount
hereof upon payment of such principal amount plus accrued interest thereon,
without penalty or premium, to the date of such prepayment, provided that sixty
(60) days written notice of any such prepayment shall be provided to the Holder.
Any proration of accrued interest upon prepayment shall be calculated on the
basis of a 365-day year. Holder may demand prepayment of all the entire
outstanding principal balance due together with any accrued interest under this
Note at any time, provided that sixty (60) days written notice of any such
prepayment shall be provided to Maker. In such event, the principal due shall
be discounted by nine tenths of a percent (0.9%) for each year remaining year(s)
of the ten year Note term. Any required proration of interest shall be calculated
on the basis of a 365-day year. As used herein, a year shall mean each
successive twelve-month period commencing with the date this Note is issued.
4. Junior Lien and Maker's Oblip-ation. Maker's obligation for payment of
principal and interest on this Note is and shall be junior and subordinate to all
outstanding public notes and notes secured by a Deed of Trust, bonds, leases or
other obligations secured by revenues of the Maker, and any and all subsequent
public note issues of Maker or future pledge of revenues created by Maker for
the purpose of public financing the Maker's purpose or operation.
5. Waivers. Any waiver, express or implied, of any breach hereof or default
hereunder shall not be considered a waiver of any subsequent breach or default.
Maker waives, to the full extent permitted by law, the right to plead the statute
of limitations set out in Section 337 of the California Code of Civil Procedure as
defense to any demand on this Note.
6
6. Arbitration of Disputes. If a dispute arises out of or relates to this Note or
the performance or breach thereof, the Maker and Holder 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 judge of the Superior or Appellate 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 including the right of discovery.
Hearings shall be held in San Mateo, Santa Clara or San Francisco 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 and shall be enforceable by judgment of
the Superior Court of the State of California. The cost of arbitration shall be
borne by the non-prevailing party. The award of the arbitrator shall not include
any attorneys' fees or other expert witness fees and such fees shall be borne
solely by the party employing such professional services.
7. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker
of the loss, theft, destruction or mutilation of this Note, and in the case of any
such loss, theft, or destruction of this Note, upon delivery of an indemnity bond
by the Holder hereof in such reasonable amount as Maker may determine, or, in
the case of any such mutilation, upon surrender and cancellation of this Note,
Maker will execute and deliver, in lieu thereof, a replacement note of like form,
substance and effect.
governed b
8. Jurisdiction. This Note shall be go y and construed in accordance with
the laws of the State of California.
9. Severance. Every provision of this Note is intended to be severable. In the
event any term or provision hereof is declared to be illegal or invalid for any
reason whatsoever by a court of competent jurisdiction, such illegality or
invalidity shall not affect the balance of the terms and provisions hereof, which
terms and provisions shall remain binding and enforceable.
10. Modification. No provision of this Note may be waived, modified or
discharged other than by an agreement in writing signed by the party against
whom enforcement of such waiver, modification or discharge is sought.
11. Pledge and Assignment. Holder may sell, assign, transfer, pledge and
hypothecate this Note in its entirety by providing prior written notification to
Maker.
7
12. Notice. Any notice required or permitted in connection with this Note will be in
writing and will be given to Holder at the address set out above, and to Maker
at the following address: Midpeninsula Regional Open Space District, 330 Distel
Circle, Los Altos, Ca 94022, by personal delivery, facsimile transmission, or
registered or certified mail first class United States mail, return receipt
requested.
IN WITNESS WHEREOF, the undersigned has executed and delivered this Note as of
the date and year first above written.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A Public District
Director Director
Date: Date:
Director Director
Date: Date:
Director Director
Date: Date:
Director
Date:
8
DO NOT DESTROY THIS ORIGINAL NOTE: This original note must be
surrendered to the Midpeninsula Regional Open Space District before the final principal
payment will be made.
UNSECURED PROMISSORY NOTE
Principal Amount Date of Note
Los Altos, California
FOR VALUE RECEIVED, the undersigned, MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a California Public District ("Maker"), does hereby promise to pay
Gabrielle M. Miller, a married woman as her sole and separate property, for order at
1631 E. 3 1" Street, Oakland, CA 94602 ("Holder"), in lawful money of the United
States of America, the principal sum of One Hundred and Eighty Thousand and No/100
Dollars ($180,000.00) which sum shall bear no interest.
1. Maturity Date. One installment payment of interest free principle shall be due,
payable and credited after January 1, 2002, but no later than January 9, 2002.
2. Junior Lien. The obligation of Maker to Holder for payment of principal and
interest on this Note hereunder is and shall be junior and subordinate to all
outstanding public notes, bonds, leases or other obligations secured by revenues
of the Maker, and any and all subsequent public note issues of Maker or future
pledge of revenues created by Maker for the purpose of public financing the
Maker's purpose or operation.
3. Acceleration Upon Default. At the option of Holder, the entire principal
balance shall immediately become due and payable upon the occurrence of any
of the following (hereinafter referred to as an "Event of Default"):
(a) the default in the payment of principal when due pursuant to the terms
hereof; or
(b) default in the performance of any obligation or covenant of the Maker
contained herein.
4. Loss or Destruction. Upon receipt of evidence reasonably satisfactory to Maker
of the loss, theft, destruction or mutilation of this Note, and in the case of any
such loss, theft, or destruction of this Note, upon delivery of an indemnity bond
by the Holder hereof in such reasonable amount as Maker may determine, or, in
the case of any such mutilation, upon surrender and cancellation of this Note,
9
Maker will execute and deliver, in lieu thereof, a replacement note of like form,
substance and effect.
5. Law. This Note shall be governed by and construed in accordance with the
laws of the State of California.
6. Severance. Every provision of this Note is intended to be severable. In the
event any term or provision hereof is declared to be illegal or invalid for any
reason whatsoever by a court of competent jurisdiction, such illegality or
invalidity shall not affect the balance of the terms and provisions hereof, which
terms and provisions shall remain binding and enforceable.
7. Waiver. Any waiver, express or implied, of any breach hereof or default
hereunder shall not be considered a waiver of any subsequent breach or default.
8. Section Headings. Section headings are solely for the convenience of the parties
and are not a part of this Note.
9. Modification. No provision of this Note may be waived, modified or
discharged other than by an agreement in writing signed by the party against
whom enforcement of such waiver, modification or discharge is sought.
10. Assianment. Holder may assign this Note upon obtaining the prior written
consent of Maker, which consent will not be unreasonably withheld.
11. Notice. Any notice required or permitted in connection with this Note will be in
writing and will be given to Holder at the address set out above, and to Maker
at the following address: Midpeninsula Regional Open Space District, 330 Distel
Circle, Los Altos, Ca 94022, by personal delivery, facsimile transmission, or
registered or certified mail first class United States mail, return receipt
requested.
10
IN WITNESS WHEREOF, the undersigned has executed and delivered this Note as of
the date and year first above written.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A Public District
Director Director
Date: Date:
Director Director
Date: Date:
Director Director
Date: Date:
Director
Date:
11
DO NOT DESTROY THIS ORIGINAL NOTE: This original note must be
surrendered to the Midpeninsula Regional Open Space District before the final principal
payment ment will be made.
UNSECURED PROMISSORY NOTE
Principal Amount Date of Note
Los Altos, California
FOR VALUE RECEIVED, the undersigned, MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a California Public District ("Maker"), does hereby promise to pay
Owen S. McKannay, a married man as his sole and separate property, for order at 1523
NE. 63rd Street, Seattle, WA 98105 ("Holder"), in lawful money of the United States
of America, the principal sum of Two Hundred and Forty Thousand and No/100
Dollars ($240,000.00) which sum shall bear no interest.
1. Maturity Date. One installment payment of interest free principle shall be due,
payable and credited after January 1, 2002, but no later than January 9, 2002.
In case any date specified above for the payment of principal on this Note shall
be a legal holiday, such payment shall be made on the first succeeding business
day.
2. Junior Lien. The obligation of Maker to Holder for payment of principal and
interest on this Note hereunder is and shall be junior and subordinate to all
outstanding public notes, bonds, leases or other obligations secured by revenues
of the Maker, and any and all subsequent public note issues of Maker or future
pledge of revenues created by Maker for the purpose of public financing the
Maker's purpose or operation.
3. Acceleration Upon Default. At the option of Holder, the entire principal
balance shall immediately become due and payable upon the occurrence of any
of the following (hereinafter referred to as an "Event of Default"):
(a) the default in the payment of principal when due pursuant to the terms
hereof, or
or covenant of the Maker
of an obligation
default in theperformance
(b) Y
contained herein.
12
receipt of evidence reasonably satisfactory to Maker
4. Loss or Destruction. Upony ry
of the loss, theft, destruction or mutilation of this Note, and in the case of any
such loss, theft, or destruction of this Note, upon delivery of an indemnity bond
by the Holder hereof in such reasonable amount as Maker may determine, or, in
the case of any such mutilation, upon surrender and cancellation of this Note,
Maker will execute and deliver, in lieu thereof, a replacement note of like form,
substance and effect.
5. Law. This Note shall be governed by and construed in accordance with the
laws of the State of California.
6. Severance. Every provision of this Note is intended to be severable. In the
event any term or provision hereof is declared to be illegal or invalid for any
reason whatsoever by a court of competent jurisdiction, such illegality or
invalidity shall not affect the balance of the terms and provisions hereof, which
terms and provisions shall remain binding and enforceable.
7. Waiver. Any waiver, express or implied, of any breach hereof or default
hereunder shall not be considered a waiver of any subsequent breach or default.
8. Section Headings. Section headings are solely for the convenience of the parties
and are not a part of this Note.
9. Modification. No provision of this Note may be waived, modified or
discharged other than by an agreement in writing signed by the party against
whom enforcement of such waiver, modification or discharge is sought.
10. Asshinment. Holder may assign this Note upon obtaining the prior written
consent of Maker, which consent will not be unreasonably withheld.
11. Notice. Any notice required or permitted in connection with this Note will be in
writing and will be given to Holder at the address set out above, and to Maker
at the following address: Mid peninsula
eninsula Regional
ional Open Space District, 330 Distel
Circle, Los Altos, Ca 94022, by personal delivery, facsimile transmission, or
registered or certified mail first class United States mail, return receipt
requested.
13
IN WITNESS WHEREOF, the undersigned has executed and delivered this Note as of
the date and year first above written.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
A Public District
Director Director
Date: Date:
Director Director
Date: Date:
Director
Di
rector
Date: Date:
I
Director
Date:
i
14
R-01-144 Page 2
Advertising, as a result of newspaper publication required for the District's revised helmet
ordinance, and the need for repeat or lengthy recruitments during a period of very low
unemployment rates. An error was also discovered which involved the District's insurance
premium. The insurance package and resulting premium was accepted by the District, but the
correct premium amount was not included in the budget.
The line item adjustments do not change the total expenditure amounts of the annual budget.
Furthermore,the dollar amounts in general categories of Salaries and Benefits, Services and
Supplies, and Fixed Assets do not change except for the$10,000 currently in Services and
Supplies, which is being moved to Fixed Assets.
The Committee began a meaningful discussion regarding the growth guidelines and still has
several assignments left from Report R-01-44. Accordingly, another meeting is scheduled for
December 19, 2001. The Committee is also concerned about the slowing economy and the
effects on the District's tax revenues in the coming year. At this point, it is a matter of
continuing to monitor the budget, as no other Board action is recommended at this time.
Prepared by:
Sally Thielfoldt, Administration and Human Resources Manager
Contact person:
Kenneth C. Nitz, Chair, Administration and Budget Committee
RESOLUTION NO. 01-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING AMENDMENTS TO THE BUDGET FOR FISCAL
YEAR 2001-2002
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Whereas the Board approved the 2001-2002 fiscal year budget; and
Whereas the Administration and Budget Committee reviewed the Controller's Mid-Year
Report and the 2001-2002 year-to-date expenditures, as part of the annual mid-year review; and
Whereas some line-item adjustments are warranted to incorporate expenditures
authorized by the Board after the adoption of the budget, the purchase of fixed asset office
equipment in lieu of the need for contract services or computer software, some excess expenses
due to business necessity, and any errors in the original budget figures.
Now,therefore, be it resolved that the Board of Directors of the Midpeninsula Regional
Open Space District adopts the attached amended budget(Exhibit A) for 2001-2002.
Section One. The budget for the Midpeninsula Regional Open Space District for fiscal year
2001-2002 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a
part hereof by this reference.
Section Two. Monies are hereby appropriated in accordance with said budget.
EXHIBIT A
Midpeninsula Regional Open Space District
Mid-Year Amended Budget for Fiscal Year 2001-2002
I. Revenues ADOPTED ADJUSTED AMENDED
BUDGET AMOUNT BUDGET
A. Tax Revenues $16,256,000 $0 $16,256,000
B. Grant Income 3,943,000 0 3,943,000
C. Interest Income 1,400,000 0 1,400,000
D. Rental Income 730,600 0 730,600
E. Other Income 100,000 0 100,000
TOTAL REVENUES $22,700,000 0 $22,700,000
II. Increase in Reserves ($12,655,685) ($0) ($12,655,685)
III. Expenditures
A. Debt Service
1. Interest $4,354,400 $0 $4,354,400
2. Principal 1,801,790 0 1,801,790
Debt Service Subtotal $6,156,190 $0 $6,156,190
B. Salaries
1. General Manager Appointees $4,018,100 ($18,563) $3,999,537
2. Salary incentive Awards 0 10,287 10,287
3. General Manager 126,850 5,109 131,959
4. Legal Counsel 78,850 3,167 82,017
5. Controller 15,000 0 15,000
Benefits $936,750 $0 $936,750
C. Director's Fees $25,000 $0 $25,000
Salaries and Benefits Subtotal $5,200,550 $0 $5,200,550
D. Services and Supplies
1. Legal Services $77,500 $0 $77,500
2. Regular Outside Services 64,350 0 64,350
3. Contract Services 656,750 (35,000) 621,750
4. Election/Annexation 0 0 0
5. Library and Subscriptions 10,100 0 10,100
6. Film and Developing 1,050 0 1,050
7. Rents and Leases 107,600 0 107,600
8. Utilities 126,890 0 126,890
9. Postage 49,320 0 49,320
10. Printing and Duplicating 41,400 0 41,400
ADOPTED ADJUSTED
AMENDED
AMOUNT I BUDGET BUDGET
D. Services and Supplies(cont'd.)
11. Insurance $246,100 $21,000 $267,100
12. Advertising 16,250 7,000 23,250
13. Maps and Aerials 950 0 950
14. Private Vehicle Expense 15,400 0 15,400
15. District Vehicle Expense 181,500 0 181,500
16. Business Meeting Expense 11,300 0 11,300
17. Personnel Development 92,600 0 92,600
11* Maintenance/Repair of Equipment 22,400 0 22,400
19. Computer Expenses 27,550 (3,000) 24,550
20. Office Supplies/Small Equipment 13,425 0 13,425
21. Field Supplies/Small Equipment 68,950 0 68,950
22. Outside Maintenance Services 265,710 0 265,710
23. Property Taxes and Permits 4,600 0 4,600
24. Communications-Publications 159,000 0 159,000
25. Communications-Special Projects 11,650 0 11,650
26. Visitor Services 26,750 0 26,750
27. Miscellaneous 300 0 300
28. Annexation 0 0 0
Services and Supplies Subtotal $2,299,395 ($10,000) $2,289,395
E. Fixed Assets
1. Previous Land Commitment $0 $0 $0
2. New Land Purchases 20,000,000 (100,000) 19,900,000
3. Appraiser 20,000 0 20,000
4. Site Acquisition Expense 10,000 55,000 65,000
5. Legal Fees 25,000 45,000 70,000
6. Title Insurance 25,000 0 25,000
7. Negotiation Consultants 2,500 0 2,500
8. Site Engineering 10,000 0 10,000
9. Option Fees 5,000 0 5,000
10. Structures and Improvements 1,255,800 0 1,255,800
11. Field Equipment 80,400 0 80,400
12. Office Equipment 36,350 10,000 46,350
13. Vehicles 229,500 0 229,500
Fixed Assets Subtotal $21,699,550 $10,000 $21,709,550
TOTAL OF ALL EXPENDITURES
Regional e S ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
November 13, 2001
To: Board of Directors
FROM: M. Foster, Controller
SUBJECT: Mid-Year Financial Review
CONTROLLER'S REPORT
Attached are unaudited financial statements for the six months ended September 30, 2001.
Exhibit A contains the District's September 30 balance sheet compared to our audited position
on March 31. Our cash balance is down $2.3 million as the District completed $11.2 million of
land purchases, $10 million of which was funded by grants and gifts. These additions are
detailed in Exhibit E. It should be noted that$3.5 million of the $31.4 million cash balance are
reserve funds to secure outstanding public notes, and,therefore, not available to fund District
expenditures. The District issued no new debt during this period. District bonded indebtedness
is now approximately 23% of our statutory debt ceiling. Approximately 80% of our total debt is
lease debt, which does not count against the statutory debt ceiling.
Exhibit B shows our six-month revenues compared to the same period a year ago and to the
twelve month budget. Tax receipts in this period are up 9%from the prior year period.
Information from the counties indicates that overall tax revenue for the full twelve-month period
should exceed our 2001-2002 budget by at least $500,000. The August addition to the Bear
Creek Redwoods Open Space Preserve has been valued at $10 million. Revenue includes a $2
million grant from the Wildlife Conservation Board and a $3 million grant from the California
Coastal Conservancy. The balance of the property value, $5 million, was recorded as a gift from
POST.
Exhibits C and D review six-month operational and development spending against the twelve
month budget (C) and compared to the same period last year(D). The District spent 44% of its
twelve-month administrative, operations, and development budget during the first six months.
This is similar to the levels at mid-year in the prior five years (41%, 47%, 45%, 46%, 45%). By
department, six month (non-land purchase) spending versus twelve month budget was
Administration 53%, Public Affairs 44%, Operations 49%, Planning 29%, and Acquisition/
Enterprise 42%. Most of the under-spending is in the Structures and Improvements(S&I)
category, at 20% of annual budget.. The estimate from Planning is that S&I spending will be
! approximately 60-65% of annual budget by the end of the fiscal year. Key projects delayed
included the FEMA-funded storm-related repairs of the Grabtown Bridge, Methusaleh Creek
Bridge, Virginia Mill Trail and Bridge, and Lawrence Creek Bridge.
Regional Open ice
------------------
R-01-144 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
December 12, 2001
AGENDA ITEM 5
AGENDA ITEM
Approve Amendments to the 2001-2002 Fiscal Year Budget
ADMINISTRATION AND BUDGET COMMITTEE'S RECOMMENDATIONS
(Directors K. Nitz, J. Cyr, L. Hassett)
1. Accept the District Controller's Mid-Year Financial Report.
2. Approve the attached resolution approving an amendment to the 2001-2002 fiscal year
budget.
i
DISCUSSION
The 2001-2002 fiscal year budget was approved by Resolution No. 01-08 at your March 28,
2001 meeting(see Report R-01-45). The Administration and Budget Committee met on
November 14, 2001 to review and discuss the following; which were additional assignments to
the Committee as contained in Board Report R-01-44:
1. The Mid-Year Financial Report from Controller Mike Foster(Attached).
2. The actual vs. projected expenditures for the 2000-2001 fiscal year budget.
3. The expenditures, year-to-date for the 2001-2002 fiscal year budget.
4. The 6% Growth Guidelines.
As part of the 2001-2002 mid-year budget review, staff recommended some adjustments to
certain line items in the budget. These adjustments reflect expenditures the Board approved after
the 2001-2002 fiscal year budget was adopted,the purchase of fixed asset office equipment in
lieu of the need for contract services or computer software, some excess expenses the District
experienced (due to business necessity), and any errors in the original budget figures. Attached
to this report is the adopted 2001-02 fiscal year budget,the adjusted expenditures in certain line
items, and the proposed amended budget (see Exhibit A to the Resolution).
The specific Board approved additional expenditures include salary and meritorious award
increases for Board Appointees, and the movement of$100,000 from New Land Purchases to
Acquisition Legal Expense, and Acquisition Site Expenditures for the Guadalupe watershed
project. An additional Board authorized expenditure, not included in the budget, is authorship of
the District Book($32,000). No line item adjustment for this expenditure has been made at this
time, as it is likely this expense can be absorbed by the Contract Services portion of the budget.
The additional office equipment allocation involves the purchase of computer hardware vs. the
budgeted software, and the purchase of a plotter for the Planning Department in lieu of additional
contract services. The excess expense due to business necessity was in the area of
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
Page 2
As shown in Exhibit D, administration, operational, development spending is up 28% from last
year's first half spending rate. Salaries and benefits are up 25%. Spending in the first half of last
year was unusually low due to many open positions in planning and operations. Compared to the
spending rate in the second half of last year, this year's expenses are up 13%. For the entire
fiscal year it is likely that operational spending(excluding enterprise, annexation, and major
improvements)will be in the range of 42-44% of tax revenue, slightly above the average of 40%
over the past seven years.
Overall, the financial results of the first six months indicate revenues and expenditures are
consistent with the District's long-term financial plans.
Prepared by:
Michael Foster, Controller
Contact person:
Same as above
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 31 and September 30,2001
(Thousands)
September 30,2001 March 31,2001
(Unaudited) (Audited)
Cash and Equivalents $31,367.5 $33,741.1
Receivables 6,145.1 4,917.6
Prepaid Expenses 28.0 27.3
Land,at cost 212,174.2 200,921.6
Equipment 2,356.5 2,147.9
Structures and Improvements 9,755.7 9,504.0
TOTALASSETS M~ $261,827.0 $251,259.5
Accounts Payable $260.0 $292.3
Accrued Liabilities 156.4 290.2
Trust Fund--City of Menlo Park 460.5 411.4
Land Contract Debt 279.1 279.1
Public Notes Payable 115,800.1 117,591.3
TOTAL LIABILITIES $116,956.1 $118,864.3
TOTAL EQUITY $144,870.9 $132,395.2
EXHIBIT B
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Revenue Versus Prior Year(Unaudited)
(Thousands)
6 Months Ended September 30
2001 2000
Property Taxes $6,278.4 $5,913.9
Tax Subventions 591.6 387.8
Interest Income 820.9 495.8
Grant Income 5,000.0 0.0
Rental I ncome, 340.2 316.5
Fines 6.2 11.5
Other 5,123.5 1,684.3
TOTAL RECEIPTS $18,160.8 $8,809,8
Six Month Revenue Versus Twelve Month Budget
2001 2001
Twelve Month Six Month %
Budget Receipts Received
Property Taxes $15,831.0 $6,278.4 40
Tax Subventions 497.0 591.6 119
Interest Income 1,4271 820.9 57
Grant Income 3,943.0 5,000.0 127
Enterprise 731.0 340.2 47
Fines 0.0 6.2 0
Other 270.3 5,123.5 1895
TOTALS $22,700.0 $18,160.8 80
EXHIBIT C
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating v.Twelve Month Budget
April-September,2001
(Thousands)
Twelve Month Six Month %
Budget Spending Spent
Salaries $4,238.8 $2,000.6 47
Benefits 961.7 446.7 46
Subtotal $5,200.5 $2,447.3 47
Other Contract Services 721.1 248.1 34
Vehicle Expense 196.9 96.1 49
Contract Site Maintenance Exp. 265.7 113.1 43
Acquisition Expense(Inc. Legal) 170.0 48.4 28
Structures&Improvements 1,255,8 251.7 20
Printing&Duplicating 41.4 13.2 32
Rents&Leases 107.6 26.4 25
Training&Conferences 103.9 43.5 42
Equipment&Vehicles 428.6 251.7 59
Insurance 246.1 265.3 108
Utilities 126.9 59.4 47
Postage 49.3 18.0 37
Communications(Publications&Projects) 170.6 79.9 47
Other Non-Land 110.0 47.4 43
TOTAL(NON-LAND) $9,194.4 $4,009.5 44
Debt Service 6,156.2 3,975.0 65
Land Option Fees 5.0 0.0 0
Land Acquired 20,000.0 11,213.0 56
------------ -------
TOTAL $35,355.6 $19,197.5 54
EXHIBIT D
(Thousands)
Six Months Operating v.Six Month Last Year
Six Months Ended September 30
2001 2000 %Increase
Salaries 2,000.6 1,593.1 26
Benefits 446.8 368.8 21
Other Contract Services 248.1 211.7 17
Vehicle Expense 96.1 93.0 3
Contract Site Maintenance Exp. 113.1 105.7 7
Acquisition Expense(Inc. Legal) 48.4 63.7 -24
Structures&Improvements 251,7 98.0 157
Printing&Duplicating 13.2 15.9 -17
Rents&Leases 26.4 22.8 16
Training&Conferences 43.5 24.3 79
Equipment&Vehicles 251.7 107.7 134
Insurance 265.3 200.2 33
Utilities 59.4 48.4 28
Postage 18.0 18.1 -1
Communications(Publications&Projects) 79.9 79.2 1
Other Non-Land 47.4 747 -37
TOTAL(NON-LAND) $4,009.6 $3,123.3 28
Debt Service 3,975.0 3,828.3 4
Land Acquired 11,213.0 11,010.8 2
TOTAL
$19,197.6 $17,962.4 7
EXHIBIT E
Land Acquired April 1 to September 30, 2001
SELLER DATE PRESERVE CASH PRICE
Lobner 05/24/01 Montebello 1,199,000.00
Gorham & POST-Redwood Park 05/22/01 Purisima Gift 3,000.00
POST-Upper Bear Creek 08/15/01 Bear Creek Redwoods Gift 5,000,000.00
Wildlife Conservation Board 08/15/01 Bear Creek Redwoods Grant 2,000,000.00
CA Coastal Conservancy 08/15/01 Bear Creek Redwoods Grant 3,000,000.00
McKannay 09/24/01 Sierra Azul Deposit 10,000.00
Mitchell 09/27/01 Montebello Deposit 1,000.00
GRAND TOTAL 11,213,000.00
Regional Open ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-0I-140
Meeting 01-26
December 12, 2001
AGENDA ITEM 6
AGENDA ITEM
Appointment of Peace Officers
GENERAL MANAGER'S RECOMMENDATMN74
Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District appointing Anthony Correia and Elisa Wickham as Peace Officers.
DISCUSSION
At your meeting of January 14, 1976, you accepted the recommendation that District rangers be
appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of
California see Report .R-76-2
( P )
Anthony Correia and Elisa Wickham have met the necessary Penal Code requirements to qualify
for appointment as Peace Officers. The passage of the attached resolution will complete the
appointment process.
Prepared by:
Gordon Baillie, Management Analyst
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
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING PEACE OFFICER
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as
follows:
The following person is hereby designated as a peace officer of the Midpeninsula
Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the
State of California, to enforce the Midpeninsula Regional Open Space District Land
Use Regulations and those state and local regulations related to the protection and
safe use of District land, enforcement of which is specifically authorized by the
District:
Anthony Correia
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING PEACE OFFICER
i
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as
follows:
The following person is hereby designated as a peace officer of the Midpeninsula
Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the
State of California, to enforce the Midpeninsula Regional Open Space District Land
Use Regulations and those state and local regulations related to the protection and
safe use of District land, enforcement of which is specifically authorized by the
District:
Elisa Wickham
Regional Open 5---ice
2
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-143
Meeting 01-26
December 12, 2001
AGENDA ITEM 7
AGENDA ITEM
Authorization to Solicit Bids for the Removal of One nor Structure and Various Debris at
Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIO
Authorize Staff to solicit bids for the demolition of one minor structure and the removal of
associated debris at Sierra Azul Open Space Preserve, and restore the area to a natural condition.
DISCUSSION
Backjzround
At your November 12, 1998 meeting, you approved the acquisition of the 41.66-acre Calvillo
property, located in the Los Gatos Creek watershed, as an addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve (see Report R-98-135).
The adopted Preliminary Use and Management Plan calls for the removal of a small one-room
structure, a number of old vehicles, and a considerable collection of debris found on the property.
Recommendation
The demolition of the structure is necessary as it is no longer used, is in extremely poor condition,
has been heavily vandalized, and constitutes a potential safety and fire hazard. The removal of
this structure is certainly necessary before allowing public access to the site on a limited, permit
basis.
The structure and debris, including a large old bulldozer and an old van, which have no
architectural or historical significance, also detract from the open space value of the property.
The garage structure would require such extensive repairs to bring it into compliance with current
building and safety codes that its retention is not warranted. Planning staff has recently contracted
with consultants to analyze and abate any asbestos-containing materials contained within this area.
An evaluation of any hazardous materials in or near the items to be removed will also be
conducted. In addition, the road providing access to the site will probably need improving in
order to accommodate the large trucks and equipment required for the project.
Funding
At your March 28, 2001 meeting, you approved the 2001-2002 fiscal year budget, which included
$8,500 for the demolition of the above items (see Report R-01-45). However, as these
preliminary cost estimates are quite outdated, the actual cost of this project will probably be
closer to $10,000. Bid documents are being prepared and all necessary permits will be obtained
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 ft'!;71 ®F0"
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-01-143 Page 2
as a part of the awarded contract. The actual project costs will be presented to you for approval
when staff returns for authorization to enter into contract with the recommended bidder.
Staff is seeking Board approval for this project, not only because the bid amount may exceed the
General Manager's authorized limit, but also because the same contractor could be the low bidder
on other District contracts in fiscal year 2001-2002, which would constitute a total contracted
amount in excess of$10,000.
CEQA COMPLIANCE
When this property was acquired, a demolition project was anticipated (see Report R-98-135). It
was determined at that time that the demolition project was exempt from the California
Environmental Quality Act (CEQA)under Article 19, Section 15301(l)(4), which exempts the
demolition and removal of accessory structures. As this project is consistent with what was
previously anticipated and reviewed, no further CEQA review is required.
Prepared by:
John Cahill, Open Space Planner H
Contact Person:
Same as above
Regional Open F ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-142
Meeting 01-26
December 12, 2001
AGENDA ITEM 8
AGENDA ITEM
Authorization to Solicit Bids for the Removal of Small Acce ory Structures and Various Debris
at Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize Staff to solicit bids for the demolition of small accessory structures and the removal of
associated debris at Sierra Azul Open Space Preserve, and to restore the area to a natural
condition.
DISCUSSION
Background
At your September 22, 1993 meeting, you approved the acquisition of the 56-acre Bartels
property, located in the Los Gatos Creek watershed, as an addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve (see Report R-93-103).
The adopted Preliminary Use and Management Plan called for the removal of a number of old
recreation vehicles and a considerable collection of debris from the property. The seller continued
to lease a trailer on the property until 1997, after which he abandoned the property without
implementing the agreed upon clean up. In 1999, an escrow account in the amount of$5,000 was
released to the District.
Recommendation
The removal of all accessory structures and debris is necessary as they constitute a potential safety
and fire hazard. Their removal is certainly necessary before allowing public access to the site on a
limited, permit basis.
The accessory structures, which have no architectural or historical significance, also detract from
the open space value of the property. Planning staff has recently contracted with consultants to
analyze and abate any asbestos-containing materials contained within the area. An evaluation of
any hazardous materials in or near the items to be removed will also be conducted. In addition,
the road providing access to the site will probably need improving in order to accommodate the
trucks and equipment required for the project.
Fundin
At your March 28, 2001 meeting, you approved the 2001-2002 fiscal year budget, which included
$7,500 for the demolition and removal of the above items (see Report R-01-45). However, as
these preliminary cost estimates are quite outdated, the actual cost of this project will probably be
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 I Rl ®pgEE6T
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz •Genera!Manager:L.Craig Britton
R-01-142 Page 2
closer to $10,000. Bid documents are being prepared and all necessary permits will be obtained
as a part of the awarded contract. The actual project costs will be presented to you for approval
when staff returns for the authorization to enter into contract with the recommended bidder.
Staff is seeking Board approval for this project not only because the bid amount may exceed the
General Manager's authorized limit, but also because the same contractor could be the low bidder
on other District contracts in fiscal year 2001-2002, which would constitute a total contracted
amount in excess of$10,000 for the fiscal year.
CEQA COMPLIANCE
When this property was acquired, a clean-up project was anticipated (see Report R-98-135).
Such a clean-up project is exempt from the California Environmental Quality Act(CEQA)under
Article 19, Section 15301(l)(4), which exempts the demolition and removal of accessory
structures. As this project is consistent with what was previously anticipated and reviewed, no
further CEQA review is required.
Prepared by:
John Cahill, Open Space Planner II
Contact Person:
Same as above
Regional Open S; 'ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-137
Meeting 01-26
December 12, 2001
AGENDA ITEM 9
AGENDA ITEM
Final Adoption of an Amendment to the Use and Manage nt Plan, or the Mt. Umunhum Area
of Sierra Azul Open Space Preserve
GENERAL MANAGER'S RE OMMENDATIO
Adopt an amendment to the Use and Management Plan for the Mt. Umunhum area of Sierra
Azul Open Space Preserve for the development of public access improvements at Mt. Umunhum
Road.
DISCUSSION
At your November 14, 2001 meeting, you tentatively adopted an amendment to the Use and
Management Plan for the Mt. Umunhum area of Sierra Azul Open Space Preserve for the
development of public access improvements at Mt. Umunhum Road (see Report R-0-127).
Staff has received no public comment on this matter since your November 14 meeting.
CEOA COMPLIANCE
At your November 14 meeting, you determined that the proposed project was analyzed in the
Santa Clara Count Board of Supervisors Approval of the Almaden Quicksilver Count Park
Y P PP Y
Trail Master Plan and Mitigated Negative Declaration.
Prepared by:
Douglas Vu, Open Space Planner
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 ftl OFAEF'r
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 5 ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-136
Meeting 0 1-26
December 12, 2001
AGENDA ITEM 10
AGENDA ITEM
Final Adoption of an Amendment to the Use and Managepfe—rnt Pt or Windy HHMH Open Space
Preserve to Install the Betsy Crowder Memorial Bench
GENERAL MANAGER'S RECONIMENDAT
77,
Adopt an amendment to the Use and Management Plan for Windy Hill Open Space Preserve to
install a memorial bench with plaque honoring former Director Betsy Crowder.
DISCUSSION
At your November 14, 2001 meeting, you tentatively approved an amendment to the Use and
Management Plan for Windy Hill Open Space Preserve to install the Betsy Crowder Memorial
Bench along the upper portion of the Betsy Crowder Trail (see Report R-01-133).
Staff has received no public comment on this matter since your November 14 meeting.
CEQA COMPLIANCE
At your November 14 meeting, you determined that the project is categorically exempt from the
California Environmental Quality Act (CEQA).
Prepared by:
Ana Ruiz, Open Space Planner
Contact Person:
Same as above
330 Distel Circle * Los Altos,CA 94022-1404 o 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 o General Manager:L.Craig Britton
Regional Open -ice
zz_
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-01-141
Meeting 01-26
December 12, 2001
AGENDA ITEM 11
AGENDA ITEM
Cancellation of the December 26, 2001 Regular Meetin f the Board of Directors and
Directors
Rescheduling of the Regular Meetings of the Board of irectors in January 2002
GENERAL MANAGER'S RECOMNffiNDA
I Cancel the December 26, 2001 Regular Meeting of the Board of Directors.
2. Reschedule the Regular Meetings of the Board of Directors from January 9 and January
23, 2002 to January 16 and January 30, 2002, respectively.
DISCUSSION
During the month of December staff attempts to look at the calendar to make sure there are a
sufficient number of meetings to complete Board business, while trying not to infringe on normal
holiday schedules. As a result of the District's office being closed during the week of December
24 through December 28, the regular meeting of December 26 should be cancelled.
Due to staff returning from the holiday closure on Wednesday, January 2, and that notification
for the Regular Meeting on January 9, 2002 would require mailing by January 4, staff feels that it
is necessary to recommend changing the Regular Meetings in January to the third and fifth
Wednesdays. Pursuant to the Rules of Procedure, Section 1.10, Regular Meetings(Public
Resources Code Section 5535), "a majority of the members of the Board may cancel a meeting
for cause or call the regular meeting for a different date or time." Staff, therefore, recommends
calling the January Regular Board meetings to be held on Wednesday, January 16, 2002 and
Wednesday, January 30, 2002. This would still allow a two week gap before the Regular
Meeting on February 13, 2002.
Prepared by:
Lisa Zadek, Senior Administrative Assistant/Office Manager
Contact person:
Sally Thielfoldt, District Clerk
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 c -ice
1
R-01-147 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 01-26
December 12, 2001
AGENDA ITEM 12
AGENDA
Notice of Contract Completion for the Improvements to t e Administrative Office Building at 330 Distel
Circle, Los Altos, CA
GENERAL MANAGER'S RECOMMENDATION
Authorize the President of the Board, or other appropriate officer, to execute the attached Notice of
Completion and Acceptance of Work for the office improvement project.
DISCUSSION
At your February 14, 2001 meeting, you awarded a contract to Bay Construction Services of Hayward, CA,
in the amount of $144,157, plus a 10% contingency amount, for a total contract amount not to exceed
$158,573 for the interior improvements to the District's Administrative Office Building at 330 Distel Circle
in Los Altos (see Report R-01-18). Additionally, at your June 27, 2001 meeting, you authorized $49,500
for change orders to the original contract to implement modifications to the 1,100 square foot area retained
from the former tenant space for District use (see Report R-01-73). These combined contract authorizations
totaled $208,073, all of which was utilized to complete the contract.
The contract is now complete. The interior phases of the improvement project have been approved and
finalized by all of the permitting agencies. Staff was pleased with the performance of the consultants, Panko
Architects, as well as the contractor, Bay Construction Services.
In addition to the interior office improvements, work on three (3) small additional projects has begun on the
exterior of the building. These projects are under separate, related contracts and include the repair and
resealing of the paved parking lot, installation of a new flagpole, and the roof repair of east side of the
building. Weather permitting, these repairs will be completed by January 2002 at which time staff intends to
return to the Board with an informational report on all phases of the improvement project. That report will
outline the main features of the project and provide a detailed cost accounting of all phases.
The District has retained the payments to Bay Construction Services for the interior office improvement
project which have been withheld in accordance with the contract specifications. A check for the retained
amount will be issued in 35 days. This allows adequate time to review evidence that all payrolls, material
bills, and other indebtedness connected with the project have been paid.
Prepared by:
John Cahill, Open Space Planner 11
Contact:
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 Amw; OFwEleT
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko, Larry Hassett, Kenneth C. Nitz -General Manager:L.Craig Britton
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open
Space District
330 Distel Circle
Los Altos, CA 94022
Attn: Planning Dept.
NOTICE OF DuLy REcoRDED WrmouT FiEE
Pursuant to Government Code
COMPLETION Sections 6103,27383.
By:
NOTICE is]HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open
Space District, pursuant to the State law that work to be performed under the contract heretofore
made and executed by and between the Midpeninsula Regional Open Space District, as Owner
therein and Bay Construction Services, Inc., as Contractor therein, bearing the date March 12,
2001, for improvements to the Administration Office Building upon lands of said district at 330
Distel Circle, Los Altos, CA situated in Santa Clara County, State of California, was completed
on the 3 I't day of October, 2001.
Upon said contract, South Bay Bonding Insurance Services, Inc. was surety on the bond given by
said Bay Construction Services, Inc., the said Contractor, as required by law.
That the title of said District to the Real property upon which said work and contract was
performed is that of fee title.
That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los
Altos, CA 94022.
That the site address of said work is as follows: 330 Distel Circle, Los Altos, CA 94022, Santa
Clara County A.P.N. 170-04-05 1.
I certify, under penalty of perjury under the law of the State of California, that the foregoing is
true and correct.
BOARD OF DIRECTORS OF THE
MiDPENNsuLA REGIONAL OPEN SPACE DISTRICT
Pete Siemens,President
Board of Directors
Dated
Signed in Los Altos, California
I
Claims No.01-23
Meeting 01-26
December 12,2001
MIDPPNINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2839 1,406.25 Abatement Analytic Asbestos Survey-Williams Property
2840 73.79 Allied Auto Works Vehicle Servicing
2841 145.78 ADT Security Services SRO Alarm Service
2842 2,562.00 All Chemical Disposal,Inc. Soil Testing-McKannay Property
2843 6,576.92 Barg Coffin Lewis&Trapp Legal Services-Guadeloupe Watershed
2844 29.96 Craig Beckman Reimbu -Rental Repairs
2845 1,600.00 Bowerman Electric Electrical Repairs-Purisima Rental
2846 428.58 Business&Legal Reports,Inc. Resource Document
2847 63.78 California Chamber of Commerce Regulation Employment Posters
2848 18.61 California Water Service Company Water Services
2849 100.00 Call&Haul Light Fixture Disposal&Removal
2850 2,916.67 Cambria Corporation Database Consultant
2851 827.60 Central Coast Bat Research Group Board Presentation on Bats
2852 24,787.08 Citation Press Trail Brochure Printing
2853 30.00 City of Los Altos Permit-Winter Docent Potluck
2854 85.00 Climate Masters Heating&Air Conditioning Mora Reside Heater Repair
2855 11.58 Coastal Tractor Tractor Part
2856 284.87 Anthony Correia Reimbursement--Training Expenses
2857 243.05 Costco Wholesale Office Supplies
2858 9,667.50 Cotton, Shires and Associates,Inc. Progress Billing-Old Page Mill Road Project
2859 12,264.65 Design Concepts Graphics Designer-Numerous Projects
2860 132.00 Doctors on Duty Medical Services
2861 3,783.54 Emergency Vehicle Systems Vehicle Electrical Revisions
2862 37.70 Film to Frame Film Processing
2863 4,169.93 *1 First Bankcard 92.58-Local Business Meeting Expense
1970.9 1-Conference, Seminars&Workshops
74.51-Film&Developing
104.86-Internet Website Service
845.91-Office Supplies
85.04-Vehicle Repair&Maintenance
801.39-Field Supplies
194.73-Subscriptions
2864 149.56 Tom Fischer Vehicle Expense
2865 315.79 Forestry Suppliers,Inc. Neoprene Gloves
2866 88.78 Foster Brothers Padlocks
2867 97.50 Matt Freeman Reimbursement-APA Dues
2868 5,340.00 Freyer&Laureta,Inc. Civil Engineer-Old Page Mill Road
2869 61.28 G&K Services Shop Towel Service
2870 55.73 Gardenland Power Equipment Field Supplies
2871 58.35 Gould Publications California Penal Code Updates
2872 8,658.00 Harbor Printing Fall 2001 Newsletter Printing
2873 63.11 Hawkins Traffic Safety Supply Signs
2874 261.70 Interstate Traffic Control Prod. (Burl) Barricades
2875 10,420.98 Indoff Incorporated Office Furniture
2876 25.00 Jim Davis Automotive Vehicle Smog Test
2877 108.83 J. Marcel Enterprises Bike Patrol Jacket
2878 37.71 Keeble Shuchat Photography Photo Processing
2879 100.00 Land Trust Alliance Recruitment Advertising
Page 1
Claims No. 01-23
Meeting 01-26
December 12,2001
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2880 300.00 Law Enforcement Psychological Services, Inc. Recruitment Testing
2881 566.64 Los Altos Garbage Company Garbage&Dumpster Service
2882 528.03 Merwin A. Mace Acquisition Consultant
2883 3.86 Minton's Lumber&Supply Key Duplication
2884 270.00 North American Title Company Escrow&Title Services
2885 175.03 Pacific Bell Telephone Service
2886 40.00 Palo Alto Weekly Subscription
2887 I5.66 Peninsula Digital Emaging Map Lamination Services
2898 1,781.19 Pine Cone Lumber Co., Inc. Misc. Lumber Supplies
2889 200.16 Pip Printing -Volunteer News Printing Services
2890 9.47 Rancho Ace Hardware&Garden Shop Field Supplies
2891 30.23 Roberts Field Supplies
2892 197.45 Romic Hazardous Waste Removal Service
2893 32.00 Stephen Salveter Reimbursement-Field Supplies
2894 500.00 S. F. Bay Regional Water Quality Control Board Permit-Aldercroft Drainage Project
2895 86.60 David Sanguinetti Vehicle Expense
2896 76.00 S. C. Co. Dept. of Environmental Health Flammable Liquids Permit
2897 6,900.00 Richard Seever DBA Land Management Resource Dispatch&Removal of 30 Pigs
2898 190.15 Shell Fuel
2899 249.00 Skil]Padi Seminars Power Point Training-C. Oosterman
2900 379.31 Skywood Trading Post Fuel
2901 209.42 Denise Smith Reimbursement-Training Expenses
2902 20.52 Carrie Sparks-Hart Reimbursement-Uniform Item
2903 60.75 *2 Sonia's Deli OST Skills Training Meals
2904 80.00 Spectrum Resources Radio License Renewal
2905 140.00 State of CA-OES HazMat First Responder Training-28 Staff
2906 15.12 Stevens Creek Dodge Trailer Plug Adapter
2907 46.75 Stevens Creek Quarry,Inc. Baserock
2908 8,120.00 Nancy Elizabeth Stoltz Red Barn Historic Review&Assessment
2909 440.59 Summit Uniforms Uniforms
2910 62.53 Tony&Alba's Business Meeting Expense
2911 416.97 Tadco Supply Janitorial Supplies
2912 21.59 The Bicycle Outfitter Bicycle Part
2913 135.00 Therma HVAC Repairs-Main Office
2914 200.00 Tamara Kan Ferel Pig Rooting Study
2915 1,419.88 United Rentals Highway Technologies Signs
2916 63.10 *3 Verizon Wireless Messaging Monthly Pager Service
2917 397.04 West Group Payment Center Legal Resource Documents
2918 49.68 West Tek Supply, Inc. Erosion Control Silt Fencing
2919 300.00 Roberta Wolfe Recording Services
Total 121,412.63
*1 Urgent Check Issued December 6, 2001
*2 Urgent Check Issued December 6, 2001
*3 Urgent Check Issued December 6, 2001
Page 2
Claims No. 01-23
Meeting 01-26
December 12, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2839 1,406.25 Abatement Analytic Asbestos Survey-Williams Property
2840 73.79 Allied Auto Works Vehicle Servicing
2841 145.78 ADT Security Services SRO Alarm Service
2842 2,562.00 All Chemical Disposal, Inc. Soil Testing-McKannay Property
2843 6,576.92 Barg Coffin Lewis&Trapp Legal Services-Guadeloupe Watershed
2844 29.96 Craig Beckman Reimbursement--Rental Repairs
2845 1,600.00 Bowerman Electric Electrical Repairs-Purisima Rental
2846 428.58 Business&Legal Reports, Inc. Resource Document
2847 63.78 California Chamber of Commerce Regulation Employment Posters
2848 18.61 California Water Service Company Water Services
2849 100.00 Call&Haul Light Fixture Disposal&Removal
2850 2,916.67 Cambria Corporation Database Consultant
2851 827.60 Central Coast Bat Research Group Board Presentation on Bats
2852 24,787.08 Citation Press Trail Brochure Printing
2853 30.00 City of Los Altos Permit-Winter Docent Potluck
2854 85.00 Climate Masters Heating&Air Conditioning Mora Residence Heater Repair
2855 11.58 Coastal Tractor Tractor Part
2856 284.87 Anthony Correia Reimbursement--Training Expenses
2857 243.05 Costco Wholesale Office Supplies
2858 9,667.50 Cotton, Shires and Associates, Inc. Progress Billing-Old Page Mill Road Project
2859 12,264.65 Design Concepts Graphics Designer-Numerous Projects
2860 132.00 Doctors on Duty Medical Services
2861 3,783.54 Emergency Vehicle Systems Vehicle Electrical Revisions
2862 37.70 Film to Frame Film Processing
2863 4,169.93 *1 First Bankcard 92.58-Local Business Meeting Expense
1970.9 1-Conference, Seminars&Workshops
74.51-Film&Developing
104.86-Internet Website Service
845.91-Office Supplies
85.04-Vehicle Repair&Maintenance
801.39-Field Supplies
194.73-Subscriptions
2864 149.56 Tom Fischer Vehicle Expense
2865 315.79 Forestry Suppliers, Inc. Neoprene Gloves
2866 88.78 Foster Brothers Padlocks
2867 97.50 Matt Freeman Reimbursement-APA Dues
2868 5,340.00 Freyer&Laureta, Inc. Civil Engineer-Old Page Mill Road
2869 61.28 G&K Services Shop Towel Service
2870 55.73 Gardenland Power Equipment Field Supplies
2871 58.35 Gould Publications California Penal Code Updates
2872 8,658.00 Harbor Printing Fall 2001 Newsletter Printing
2873 63.11 Hawkins Traffic Safety Supply Signs
2874 261.70 Interstate Traffic Control Prod. Burl Barricades
2875 10,420.98 Indoff Incorporated Office Furniture
2876 25.00 Jim Davis Automotive Vehicle Smog Test
2877 108.83 J. Marcel Enterprises Bike Patrol Jacket
2878 37.71 Keeble Shuchat Photography Photo Processing
2879 100.00 Land Trust Alliance Recruitment Advertising
Page 1
Claims No. 01-23
Meeting 01-26
December 12, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
2880 300.00 Law Enforcement Psychological Services, Inc. Recruitment Testing
2881 566.64 Los Altos Garbage Company Garbage&Dumpster Service
2882 528.03 Merwin A. Mace Acquisition Consultant
2883 3.86 Minton's Lumber&Supply Key Duplication
2884 270.00 North American Title Company Escrow&Title Services
2885 175.03 Pacific Bell Telephone Service
2886 40.00 Palo Alto Weekly Subscription
2887 15.66 Peninsula Digital Emaging Map Lamination Services
2888 1,781.19 Pine Cone Lumber Co., Inc. Misc. Lumber Supplies
2889 200.16 Pip Printing "Volunteer News" - Printing Services
2890 9.47 Rancho Ace Hardware&Garden Shop Field Supplies
2891 30.23 Roberts Field Supplies
2892 197.45 Romic Hazardous Waste Removal Service
2893 32.00 Stephen Salveter Reimbursement-Field Supplies
2894 500.00 S. F. Bay Regional Water Quality Control Board Permit-Aldercroft Drainage Project
2895 86.60 David Sanguinetti Vehicle Expense
2896 76.00 S. C. Co. Dept. of Environmental Health Flammable Liquids Permit
2897 6,900.00 Richard Seever DBA Land Management Resource Dispatch&Removal of 30 Pigs
2898 190.15 Shell Fuel
2899 249.00 SkillPath Seminars Power Point Training-C. Oosterman
2900 379.31 Skywood Trading Post Fuel
2901 209.42 Denise Smith Reimbursement-Training Expenses
2902 20.52 Carrie Sparks-Hart Reimbursement-Uniform Item
2903 60.75 *2 Sonia's Deli OST Skills Training Meals
2904 80.00 Spectrum Resources Radio License Renewal
2905 140.00 State of CA-OES HazMat First Responder Training-28 Staff
2906 15.12 Stevens Creek Dodge Trailer Plug Adapter
2907 46.75 Stevens Creek Quarry, Inc. Baserock
2908 8,120.00 Nancy Elizabeth Stoltz Red Barn Historic Review&Assessment
2909 440.59 Summit Uniforms Uniforms
2910 62.53 Tony&Alba s Business Meeting Expense nse
2911 416.97 Tadco Supply Janitorial Supplies
2912 21.59 The Bicycle Outfitter Bicycle Part
2913 135.00 Therms HVAC Repairs-Main Office
2914 200.00 Tamara Kan Feral Pig Rooting Study
2915 1,419.88 United Rentals Highway Technologies Signs
2916 63.10 *3 Verizon Wireless Messaging Monthly Pager Service
2917 397.04 West Group Payment Center Legal Resource Documents
2918 49.68 West Tek Supply, Inc. Erosion Control Silt Fencing
2919 300.00 Roberta Wolfe Recording Services
2920R 508.80 Acme&Sons Sanitation, Inc. Sanitation Services
2921R 57.28 AT&T Telephone Service
2922R 96.84 California Water Service Company Water Services
2923R 3,267.20 Alice Cummings Consultant/Pulgas Ridge Project
2924R 509.73 Dillingham Associates Jacques Ridge Staging Area Consultant
2925R 46.48 Film to Frame Film Processing
2926R 990.00 First Bankcard 8/"Not So Annual" Conference
Page 2
Claims No. 01-23
Meeting 01-26
December 12, 2001
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name - Description
2927R 1,102.85 Goodco Press, Inc. Printing Services
2928R 1,652.46 Home Depot Field Supplies
2929R 25.00 Jim Davis Automotive Vehicle Smog Test
2930R 336.22 Los Altos Garbage Company Garbage Service
2931R 49.82 MCI Telephone Long Distance Service
2932R 50.26 Minton's Lumber&Supply Field Supplies
2933R 292.01 Pacific Bell Telephone Service
2934R 25.93 Loro Paterson Reimbursement/Uniform Item
2935R 72.26 Rayne Water Conditioning Water Conditioning Service
2936R 348.56 San Jose Water Company Water Service
2937R 112.32 Skyline County Water District Water Service
2938R 25.92 Summit Uniforms Uniform Item
2939R 128.00 Terminix Pest Control Service
2940R 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Service
2941R 390.89 Petty Cash Training&Seminars, Local Business
Meeting Expenses, Resource Materials,
Office Supplies, Field Supplies and Private
Vehicle Expense
Total 133,107.71 -
*1 Urgent Check Issued December 6, 2001
*2 Urgent Check Issued December 6, 2001
*3 Urgent Check Issued December 6, 2001
I
Page 3
i
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: Board of Directors
From: L. Craig Britton, General Manager
Date: December 7, 2001
Re: FYI's
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
Regional Open Spa,e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
November 28, 2001
I
TO: Board of Directors, Managers, Su rvisors, and Office Staff
Ma FROM: C. Britton, General er
RE: Holiday Schedule for 2002
Pursuant to Section 1.90 of the Board's Rules of Procedure and Section 6.2 of the Personnel
Policies and Procedures Manual, the following holidays will be observed in 2002. The District's
main office will be closed on these holidays.
i
Tuesday January 1 New Year's Day
Monday January 21 Martin Luther King Jr. Day
Monday February 18 President's Day
Monday May 27 Memorial Day
Thursday July 4 Independence Day
Monday September 2 Labor Day
Monday November 11 Veteran's Day
Thursday November 28 Thanksgiving
Friday November 29 Day after Thanksgiving
Tuesday December 24 Christmas Eve
Wednesday December 25 Christmas Da
In addition, the Supervising Rangers and Maintenance and Construction
Supervisors will also observe the following holiday:
Monday October 14 Columbus Day
* Pursuant to Section 6.2 (d)of the Personnel Policies and Procedures Manual any holiday that falls on a Saturday
shall be observed on the previous Friday,and any holiday that falls on a Sunday shall be observed on the
following Monday.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail:mrosdQopenspace.org • Web site: www.openspace.org
� sa
o N
CITY OF SAN JOSS, CALIFORNIA
801 North First Street
r. Q, San Jose,California 95110
1 (408)277-5251
FAX(408)271-9807 t !
I
PAT DANDO
Councilmember
DEC - 4
PEN N( II) r P (1(; 't. -TK,
r
i ! 1
November 28, 2001
Ruben Barrales
Deputy Assistant to the President
& Director of Integovernmental Affairs
The White House
Washington, DC 20502
Dear rrales: kuzv__�
First, I would like to commend the Administration for its well-managed response to the tragic
events of September I I,h. The President continues to display unparalleled leadership and my
resolve to support him is even stronger.
Recently, I had the unique opportunity to visit Mount Umunhum, a site of historic significance to
many Bay Area residents. As you may know, Mt. Umunhum is home to the former Almaden Air
Force Station where from 1957 to 1980 the Air Force constantly monitored the West Coast
skyline for foreign fighter planes and kept a vigilant watch over our homeland. Today, the site
and its 84 buildings are a crumbling ghost town. Unfortunately, this area which is rich in unique
plant life, animal life, creeks, and streams, coupled with a first-rate view of the bay is closed to
the pubic due to the high levels of asbestos and lead contamination from the abandoned Air
Force base.
In 1986, the Midpenninsula Regional Open Space District (MROSD) acquired the former
Almaden Air Force Station and all of its remaining facilities on Mount Umunhum with the intent
of restoring the site to a natural condition, and providing public access to this 3,486-foot high
peak. However, the MROSD faces many challenges as they refresh and revitalize this natural
wonder. For some time, they have been working with community, state, and congressional
leaders to obtain federal funding to enhance and transition the abandoned Air Force base into one
of the Bay Area's most treasured natural wonders.
To assist in this effort, on October 23`a, I presented a resolution to my colleagues on the San Jose
City Council requesting their support of the MROSD's efforts to obtain Federal monies for the
clean-up of this site.
I
I
Printed an Recycled Paper .*._:� "�a•aa
I
San Jose is committed to assisting the MROSD. However, without funding from the appropriate
Federal agency,Mount Umunhum's true potential may never be realized. Your assistance in
identifying funding for this project would be truly appreciated.
For your reference, I have enclosed the resolution passed by the San Jose City Council, copies of
recent articles on this issue that have appeared in The San Jose Mercury News, as well as in two
neighborhood papers, The Almaden Times and The Blossom Valley Times, along with an
information packet on the site from the MROSD.
Please feel free to contact me if I can be of any assistance. My thoughts,prayers, and support
a swebe in to heal the wounds left
continue to be with The President and his administrationg
after September 11`".
Sincerely,
Pat Dando
Councilmember
City of San Jose
CC: L. Craig Britton, General Manager,Midpenninsula Regional Open Space District
i
I
SOLANO OPEN SPACE STRATED WISORY COMMITTEE
ADVISORY COMMITTEE MEETING AGENDA
Monday,December 3,2001,6:30 p.m.to 9:00 p.m.Dinner served from 6:45 p.m.
Pena Adobe Room,Solano County Board of Education,5100 Business Center Drive,Fairfield
1. CONVENE, REVIEW MEETING PACKET& UPDATES (Jim Snook, Co-Chair) 6M
a)Welcome and introductions. (Jim Snook, Co-Chair)
b) Review and approve agenda.
c) Review/revise/approve AC Meeting Summary, 10/15/01. (Attachment 1)
2. PROGRAM ON ORGANIZATIONAL AND FUNDING OPTIONS 6:40
SPEAKERS
* Craig Britton, General Manager of Mid-Peninsula Regional Open Space District
& Larry Coons, retired General manager of Santa Clara County Open Space Authority (also
member of Advisory Committee)
0 Gerard Van Steyn, Principle, Shilts Consulting
0 John Woodbury, Director, Bay Area Open Space Council
INTRODUCTION AND OVERVIEW
Larry Coons-Moderator
DEVELOPING A LAND CONSERVATION PROGRAM 6:45
John Woodbury
* Basic Issues (e.g., operations and management versus acquisition)
0 Overview of Organizational Options (public agency vs. special district vs. nonprofit land
trust)
0 Key Questions (e.g., regulatory vs. acquisition, fundraising capacity, eminent domain,
etc.)
CREATING AND MAINTAINING AN OPEN SPACE DISTRICT 7:05
Craig Britton
FUNDING OPTIONS 7:25
Gerard Van Steyn
QUESTIONS AND ANSWERS 7:45
Larry Coons
3. NEXT STEPS (Facilitator)
0 Upcoming Meetings and next Steps
4. PUBLIC COMMENTS (Facilitator)
ADJOURN
ATTACHMENTS:
AC Meeting Summary, 10/15/01
AC Meeting Summary Changes, 8/20/01
City Council Power Point Presentation
Solano Outings Event Application Form
Table of Contents Revision
Draft Existing and Proposed Open Space Lands
Initial Considerations of Chapter 5
CALIFORNIA PARK & RECREATION SOCIETY
7971 Freeport Blvd • Sacramento, CA 95832-9701 • 916/665-2777 • Fax 916/665-9149
j www.cprs.org
CALIFORNIA PARK i
RECREATION SOCIETY
November 26,2001
Dear CPRS Member:
CPRS NEEDS YOUR HELP!
The March 5, 2002,ballot contains Proposition 40-the Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protect
ion Bond Act. This bond act will provide$2.6 billion in funding statewide for Parks, Water and
Conservation if approved by the voters.
A major Prop difference in Pro 40 from earlier bond acts (i.e., Prop 12) there are limited number of competitive
grant categories g for projects,'es and the Legislature and Governor shall appropriate funds p � with the exception
tion of the
Per Capita Grant Program and the Roberti-Z'berg-Harris Program.
The minimum funding to Cities and Recreational Districts is $220,000 and $1,200,000 for Counties and
Regional Park Districts. This is approximately 7.5 times higher than Prop 12 minimum limits of$30,000 and
bonds.
'v 1 Unlike large cities,smaller cities will receive higher funding than in past
ecti e
50 000 respectively. g 1 Y
P
This is the second Park Bond in less than three years! We must continue to pressure our legislators for
continued Parks and Open Space funding in California.
In order to pass Prop 40, CPRS must again assist with funding the campaign. We have been invited to
participate in the Prop 40 Executive Committee which is organizing the campaign. CPRS contributed $65,000
to the Proposition 12 campaign, which was our largest contribution to any park bond campaign in our history.
We need to step u and support this bond
12. P
ors for Pr
op P P
west cont
ributors w were one of the to P
However, e
measure,as our agencies will benefit from it.
I challenge each and every CPRS Member to help pass this bond by contributing $35 to the campaign.
Lets be proud of our profession and show it by contributing
towards th
is bond. If every member
contributes $35 we
will me
et our $100 000 fund raising goal. I express my thanks to the Recreation
Supervisors Section for their donation of$500 and the Administrator Section for their donation of$4,000.
art of this cam
paign n as we should to advance Parks and Recreation. Please use the enclosed
big g
Lets be a g p mP
contribution. If you have an questions please do not hesitate to contact me at
our contrr Y
d in Y
de form to send Y
pledge
(909)598-5605 or via e-mail at DAllen@ci.walnut.ca.us.
Thank you in advance of your contribution to this important issue.
Sincerely,
Donald A.Allen
CPRS President
i
PROP
Financial
Clean Water,Clean Air,
Safe Neighborhood Parks PledgeForm
and Coastal Protection �
Bond Act of 2002
I support Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and
which
will be on the March 5, 2002 ballot. If
Coa
stal
l w Protection Bond Act of 2002, h
improve California's state and
billion in bonds to �
approved, this act will authorize $
2.6 b P
local parks, our water, air, and coast.
O tions:
❑ I pledge $ towards the campaign i
❑ Check enclosed (made payable to "CPRS Century Club")
❑ Charge my credit card
ElVISA ❑ Mastercard
Account# Expiration Date /
Cardholder Name
D I will make the above pledge in number of payments before March 1, 2002.
1
Name
Printed Name
Authorized Signature
i
Mailing Address
I
City, State, Zip
Phone Fax
I
E-mail
I
Credit Card Type/Number Exp. Date
Please send completed form to CPRS Headquarters, Prop 40, 7971 Freeport Blvd.,
Sacramento, CA 95832-9701 I
Regional Open Space
M1 DPENI NSULA REGIONAL OPEN SPACE DISTRICT
To: Board of Directors
From: L. Craig Britton, General Manager',,
Date: December 12, 2001
Re: FYI's
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site. www-openspaceorg
INTEROFFICE MEMORANDUM
December 12, 2001
TO: L. Craig Britton, General Manger
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month November Year 2001
VIOLATIONS CITES TOTALS CRIMES TOTALS
Bicycles Auto burglary 6
Closed area 5 5 Resisting peace officer 1
Speed 0 3
Helmet 7 10 ACCIDENTS/INCIDENTS
Night-riding I I 1 I Bicycle accident 2
Dogs Equestrian accident 1
Prohibited area 4 5 Hiking/running accident 1
Off-leash 6 7 Search& Rescue 1
Off-road vehicles 1 6 Medical aid 2
Closed area 0 0 LZ air evacuation 0
After hours 3 6 Fire 0
Fishing 0 0
Vandalism 0 4 ENFORCEMENT
Parking 24 25 Parking citations 43
Parking after hours 19 31 Other citations 37
Dumping/littering 0 0 Written warnings 25
Campfires 0 0 Arrests 0
Camping 0 0 Police assistance I
Weapons
Actual contact 0 0 MUTUAL AID
Report only 0 0 Accident 5
Evidence of 0 0 Law enforcement 2
Reckless bicycle operation 0 1 Landing zone off-site 0
Fire(report of smoke) I
SUMMARIES OF SIGNIFICANT INCIDENTS
Nov. 8 A visitor reported an auto burglary that had occurred at Rancho San Antonio County Park
on Nov. 2, after her credit card company notified her about an unusually high charge of
$4,500 that had taken place in Reno, Nevada, She was advised to file a report with Santa
Clara County Sheriff's Department.
I
Nov. I I A woman was injured at lower Windy Hill when attempting to lead her horse across a dip
in the trail. The horse was apparently bothered by the water in the dip and jumped across,
landing on the woman. She was taken by Woodside Fire to the hospital and treated for a
mild concussion and leg injuries. Rangers assisted in catching the horse and returning it
to friends riding with the woman. L. Paterson, C. Barresi, and D. Danielson.
I
Nov. 12 L. Paterson found a man slumped over in a vehicle parked in the Skyline Ride parking
p p Y g p g
lot after dark. The person was unconscious. A partially empty bottle of whiskey and a
suicide note were found in the car. Paramedics and San Mateo County sheriffs' deputies
were requested. The man was taken by ground ambulance to the hospital. He stayed in
ICU for several days, but eventually was released.
Nov. 15 B. Malone observed seven bicyclists entering Sierra Azul OSP after hours. He stopped
and cited three cyclists in two different places. K. Miller attempted to stop another
cyclist, who resisted verbal commands and fled down the trail. B. Malone stopped this
cyclist and another cyclist that had not been seen previously. The cyclist that fled was
cited for resisting a peace officer and both were cited for after hours bicycling.
Nov. 17 Volunteer Trail Patrol member Bruce Rosenthal advised B. Downing of a motorcycle
he'd seen crashing off the side of Hwy 35 in the Long Ridge area. B. Downing located
the injured motorcyclist on the east side of Hwy 35. Paramedics and C. Barresi also
responded. The person was taken by air ambulance to the hospital.
Nov. 18 L. Paterson was contacted by the operator of the tree farm at Skyline Ridge OSP, to
advise her of a break-in to the lease area. W. Phillips and B. Downing investigated. San
Mateo County sheriffs were requested and they assisted in the search and investigation.
A chain was cut off and removed from one gate, there were 4x4 tracks around the tree
farm, on the Ridge Trail, Horseshoe Dam area and Lambert Creek trail. An oak tree was
hit by the vehicle. A storage shed had the lock cut and the building was open. Later,
tools were found missing from the shed.
Nov. 23 Numerous neighbors reported that three dirt mini-bikes were being ridden in Rancho San
Antonio OSP. B. Malone, C. Sparks-Hart, K. Miller and C. Barresi responded to look for
them. C. Barresi observed one mini bike and attempted to stop the rider for the off-road
vehicle violation. The mini bikers all fled the area.
Nov. 24 K. Carlson and M. Jurich observed an open gate and fresh tracks from an off road vehicle
in Bear Creek Redwoods OSP. They located and stopped the vehicle. The odor of
alcoholic beverage was detected and B. Malone was requested to assist. A consent search
of the vehicle located a water pipe and less than 1 oz. of marijuana. A deputy sheriff was
requested to evaluate the driver. The driver was cited for the off-road vehicle violation
and released, and the deputy transported the juvenile passenger home to his parents.
P Y p J P g
Nov. 24 Hikers reported a live downed power line near the Hamms Gulch Trail in Windy Hill that
was burning the wet vegetation (mostly poison oak). C. Barresi, D. Danielson, L.
Paterson, and CDF responded to the call. PG&E was requested,but due to the high
volume of calls did not respond until the following day. The trail system was posted
w rn u
closed to all users until the repair work was done. The fire was allowed to bum due to
the live lines being down. Because of wet conditions the fire didn't spread and went out
when the lines were de-energized.
Vandalism:
1 A plywood cover was pulled off a window at Bear Creek Redwoods OSP.
14 A gate was rammed by a vehicle and damaged at Sierra Azul OSP.
22 Two signs were damaged in the parking lot at Fremont Older.
26 The chain and lock were taken from a gate at Bear Creek Redwoods OSP.
u
Regional Open 5 ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 10, 2001
Mr. Gary Rudholm
County of Santa Clara Planning Department
County Government Center, East Wing, 71h Floor
70 W. Hedding Street
San Jose, CA 95110
Subject: Scoping Meeting for Notice of Preparation of Lexington Quarry Draft
Environmental Impact Report
Dear Mr. Rudholm:
As requested by the consultant at your December 6, 2001 meeting, I am sending
information regarding the recently approved McCarthy Subdivision project. The Town
of Los Gatos has approved Ordinance 2088, addressing both the trail easement and open
space easements that are going to be held jointly by the Town and District. I have
attached a portion of the Ordinance and a map showing public lands, trails and open
space easements in Lexington Quarry project area.
I would also like to comment on another issue raised by a neighbor regarding the staking
or flagging of the project boundaries. It has been difficult to ascertain from the maps
provided, to date, the limits of the proposed quarry expansion. The District would like to
request the project be clearly staked prior to the release of the Draft Environmental
Impact Report(DEIR) in order for our staff to be able to adequately evaluate the
environmental documents. I understood you to say at the meeting that such staking and
flagging would be a condition of the use permit, but we are specifically requesting the
staking and flagging at an earlier stage in order to help us understand the full scope of the
project before the Planning Commission considers certification of the DEIR.
If you need any additional information,please contact me at(650) 691-1200.
Sincerely,
Del Woods, Senior Acquisition Planner
Cc: Board of Directors, Midpeninsula Regional Open Space District
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 ® Es.
I
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz +General Manager:L.Craig Britton
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ON
r _
i• =N � x.... x
ft• Town and MROSD Easement
McCarthy : ........,�
Subdivision _.
Town and MROSD « '
Open Space and :7 i
ST. JOSEPH'S , Trail Easement
OPEN=S 'E
PRESERVE
c .
R SO
•««4" � ;�•' Easement
• Priest Rock `••
LEXINGTON SIERRA ZUL OPEN SPACE PRESERVE
COUNTY PARK
0.9 0 0.9 1.8 Miles
ORDINANCE 2088
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE
FROM RC AND HR-5 TO HR-21/2:PD AND RC:PD AT 17975 FOSTER ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code-of the Town of Los Gatos is hereby amended to change thezoning at 17 97 5
Foster Road as shown on the map which is attached hereto marked Exhibit k and is part of this
Ordinance from RC(Resource Conservation),and HR'-5(Hillside Residential,5 to 40 acres per dwelling
unit) to HR- 2 1/2:PD (Hillside Residential,2 Y2to 10 acres per dwelling unit, Planned Development)
and RC:PD (Resource Conservation, Planned Development).
SECTION 11
The'PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements (the demolition of the single family residence and
buildings associated with Guadalupe College are handled separately under the Architecture and Site
applications since the buildings are considered a public nuisance and a hazard).
1. Creation of six home sites;
2. Vineyard;
3. Landscaping,streets,trails,open space and other site improvement shown and required
on the Official Development Plan;
4. Creation of a mutual water company;
5. Uses permitted are those specified in the HR(Hillside Residential) and RC (Resource
Conservation) zones by Sections 29.40.160 and 29.40.235 (Permitted Uses) and
29.20,185(Conditional Uses)ofthe Town Code,as those sections exist at the time of the
adoption of this Ordinance, or as they may be amended in the future. However, no use
listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance,
or by Conditional Use Permit.
EXHIBIT B
Page I of 12
Y.
1 . J
31. FINAL CC&R'S. Final CC&R's shall be approved by the Town Attorney prior to recordation
of the final map, The CC&R's shall include provisions for the maintenance of the shared
driveway.
32, DEDICATIONS, The following shall be dedicated on the final map. The dedication shall be
recorded before any permits are issued,
a. Foster Road. A 40-foot street right-of-way with a standard 42-foot radius cul-de-sac,
b. Public Service Easement(PSE), Ten(10)feet wide, next to the Foster Road right-of-way,
c. Ingress-egress, storm drainage and sanitary sewer easements, as required.
d. Floating Trail Easement. Twenty (20) feet wide, as shown on the tentative map, Final
location will be determined following a detailed resource analysis conducted by
Midpeni.nsula or the developer, to identify sensitive plant'and animal habitats.
e. Emergency Access Easement. Twenty(20)feet wide,from Foster Road to College Avenue,
as shown on the Planned Development maps and tentative map,
f. Open Space/Conservation and Scenic Easements. These easements shall be dedicated as
shown on the approved Planned Development plans jointly to the Town and Midpeninsula
Open Space District. The open space/conservation easement on Lot 5 will have no public
access.
33. CUL-DE-SAC. The cul-de-sac elevation shall be raised to minimize the retaining wall.
34. CURB AND GUTTER. The curb and gutter shall be rolled with a three inch height.
35. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer.
Plans for those improvements shall be prepared by a California registered civil engineer,
reviewed and approved by the Town,and guaranteed by contract,Faithful Performance Security
and Labor&Materials Security before the issuance of a building permit or the recordation of a
map, The improvements must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued.
a. Foster Road Extension. Curb, gutter, retaining walls, street lights, pavement 24 feet wide,
signing,striping,storm drainage and sanitary sewers,as required and a cul-de-sac bulb with
radius of 32 feet.
b. Emergency Access Road. Three coats of chip seal over six inch of compacted Class 2
asphalt base rock, 12 feet wide (except in areas where restriction is minimized). Turnouts
are to be included as required.
c. Trail. A minimum 10-foot wide trail, to comply with requirements of Town Trails
Committee.
36. UTILITY INSTALLATION. The developer shall install all utility services,including telephone,
electric power and all other communications lines underground, as required by Town Code
§27,50.015(b), Cable television capability shall be provided to all new lots.
37. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
Page 6 of 12
i
!d
I City Hall
!'
1. , , 10300 Torre Avenue
i�"
1 i tin t Cupertino,CA 95014-3255
CITY O DEC 20 Telephone: (408)777-3223
FAX: (408)777-3366
CU P S kT I N O ""'A E Website:www.cupertino.org
� �°irlf�if.1
OFFICE OF THE CITY CLERK
December 4, 2001
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
RE: CITY COUNCIL ACTION—MOUNT UMUNHUM, RESOLUTION NO. 01-220.
To Whom It May Concern:
At their October 15, 2001, regular adjourned meeting, the City Council made the following
actions related to the above-stated application:
• Adopted resolution number 01-220, in support of federal funding for cleanup of Mount
Umunhum.
Sincerely,
Bon a4d
Karen Bernard
City Clerk's Office
Cc: Steve Piasecki
Marc Auerbach
Printed on Recycled Paper
RESOLUTION NO. 01-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
IN SUPPORT OF FEDERAL FUNDING FOR CLEANUP OF MOUNT UMUNHUM
WHEREAS, the mission of the Midpeninsula Regional 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; and
WHEREAS, in keeping with its mission, the Midpeninsula Regional Open Space District
purchased the former Almaden Air Force Station and all of its remaining facilities on Mount
Umunhum. in 1986 with the intent of restoring the site to a natural condition, and providing for
low-intensity public access to this 3,486-foot high peak, the South Bay's sister mountain to Mt.
Tamalpais and Mt. Diablo; and
WHEREAS, this purchase was at full Fair Market Value,with no discount for remnant
military contamination; and
WHEREAS, the District has, over the last 20 years,purchased nearly 200 parcels on and
around Mount Umunhum in an effort to preserve the mountain area for open space,
environmental, and public recreational opportunities in the Sierra Azul Open Space Preserve; and
WHEREAS, Mount Umunhum and the District's surrounding Sierra AzuI preserve area
comprise critical habitat for a number of endangered or special status wildlife species, including
the California red-legged frog and the southwestern pond turtle; and these lands also provide
important uninterrupted range for mountain lion, as well as bobcat, deer, coyote, and many other
animal species; and
WHEREAS, some 63 plant communities are found on and around Mount Umunhum.,
along with the headwaters of Guadalupe and Los Gatos Creeks,which provide an important
component of the water supply for the Santa Clara Valley; and
WHEREAS, Mount Umunhum offers spectacular panoramic vistas, from Monterey Bay
to Mt. Diablo to San Francisco,providing a place of extraordinary perspective for South Bay
visitors, only a few miles from San Jose, California, the nation's 1 lth largest city; and
WHEREAS, the District's studies have found high levels of toxic materials in the
abandoned Air Force facilities on Mount Umunhum, including lead, lead-based paint, and
asbestos, which have made cleanup and restoration of the site prohibitively expensive for the
District to accomplish, and which coupled with decrepit and unsafe structures, have precluded
any public access to a significant portion of the area; and
Resolution No. 01-220 Page 2
WHEREAS, the Defense Environmental Restoration Program, in its Annual Report to
Congress in Fiscal Year 1998, estimated that the Federal government had yet to allocate at least
$2.5 million dollars toward completion of the promised cleanup at the Former Almaden Air
Force Station,
NOW, THEREFORE,BE IT RESOLVED, that the Cupertino City Council does hereby
support the efforts of The Midpeninsula Regional Open Space District to obtain Federal funding
for clean up of all toxic materials at the former Almaden Air Force Station and, further, urges the
local Congressional delegation and the Federal Government to appropriate the funding necessary
for removal and cleanup of all hazardous materials at this site, including not only current below-
ground contamination, but also all lead, lead-based paint, and asbestos. This appropriation will
make way for returning this area to a spectacular public open space and recreational area.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of October, 2001 by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/Sandra James
City Clerk Mayor, City of Cupertino