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HomeMy Public PortalAbout19810128 - Agendas Packet - Board of Directors (BOD) - 81-02 Meeting 81-2 oe 0 Amm MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Regular Meeting Board of Directors A G E N D A January 28 , 1981 375 Distel Circle, D-1 Los Altos, California (7 : 30) ROLL CALL APPROVAL OF MINUTES - December 30 , 1980 and January 14 , 1981 WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS SPECIAL ORDERS OF THE DAY (7:45) 1. Resolution of Appreciation to Fred Lyon - R. Bishop Resolution Commending Supervisor Fred Lyon for His Assistance to the Midpeninsula Regional Open Space District and to the Environment of San Mateo County (7: 55) 2. Appointment of Board Committees - R. Bishop OLD BUSINESS WITH ACTION REQUESTED (8 : 00) 3. Thornewood Follow-up Report - D. Wendin (8 : 30) 4. Long Term Office Space Needs and Location - H. Grench NEW BUSINESS WITH ACTION REQUESTED (9 : 00) 5. Proposed Addition to Monte Bello and Rancho San Antonio Open Space Preserves (Winship Property) - C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing 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 (Monte Bello Open Space Preserve - Winship Property) Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,NonetteG.Hanko,Richard S.Bishop,EdwardG.Shelley,Harry kTurner,DanieIG Wendin Meeting 81-2 Page Two (9: 15) 6. Proposed Addition to Long Ridge Open Space Preserve (Smith Property) - C. Britton Resolution Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing 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 (Long Ridge Open Space Preserve/Smith Property) (9 :30) 7. Renewal of Investment Authority - M. Foster Resolution Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Securities Allowed by Government Code (9 : 35) 8. Revision of Authorized Signatories for District Accounts and Safe Deposit Box - J. Fiddes Resolution Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts Resolution Approving Certificate of Authority of officers (United California Bank - San Francisco) Resolution Establishing New Specimen Signatures for Signing and Endorsing Checks and other Instruments (Union Bank - Palo Alto) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Savings Account (United California Bank - Los Altos) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (United California Bank - Los Altos) Resolution Establishing Signatories for Entering Safe Deposit Box (United California Bank - Los Altos) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (Wells Fargo Bank - Mountain View) (9:40) 9. Changes in the District' s Rules of Procedure - H. Grench Resolution Revising Rules of Procedure for the Midpeninsula Regional Open Space District (10 :00) 10. Scheduling of Special Meeting for Site Emphasis Policy Questions - H. Grench (10 : 05) INFORMATIONAL REPORTS CLAIMS EXECUTIVE SESSION - Land Negotiations ADJOURNMENT TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, please address the Board at that time; otherwise, you may address the Board under OraZ Communications. When recognized, please begin by stating your name and address. Conciseness is appreciated. We request that you complete the forms provided so your name and address can be accurateZy incZuded in the minutes. 46 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING SUPERVISOR FRED LYON FOR HIS ASSISTANCE TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND TO THE ENVIRONMENT OF SAN MATEO COUNTY WHEREAS , Supervisor Fred Lyon has long been a friend of the environment through his efforts to preserve the coastal, agricultural, and open space lands of San Mateo County, and WHEREAS, Supervisor Fred Lyon played a key role in the creation of a sound Local Coastal Plan, the preservation of San Bruno Mountain, and the fight against offshore oil drilling, and WHEREAS, Supervisor Fred Lyon was from the very beginning a staunch supporter of the successful joint effort of the Mid- peninsula Regional Open Space District and the County of San Mateo to create Edgewood County Park, NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES RESOLVE to commend and express its appreciation to Supervisor Fred Lyon for his past and continued support of the Midpeninsula Regional Open Space District and for his invaluable concern for the land. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on at a regular meeting thereof, by the following vote : AYES, and in favor thereof: Directors: NOES : ABSENT: President - Board of Directors ATTEST: Secretary R-81-3 A% (Meeting 81-2 0 Ole January 28 , 1981) 3wo 1"M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT January 21, 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Appointment of Board Committees Introduction: Your Rules of Procedure call for appointment of members of the Budget and Legislative Committees at the first Regular Meeting following the election of officers. The Rules also name the Treasurer as a member of the Budget Committee. These appointments to standing committees in past years have also led to discussion of membership and assignments of ad hoc committees. This report gives information on committee status which should be useful to you in your deliberations. You considered a similar report on January 23, 1980 (see report R-80-2 of January 4 , 1980) . Standing Committees : The 1980 membership of the standing committees is noted below along with comments : Budget Committee N. Hanko H. Turner D. Wendin (as 1980 Treasurer) This committee has dealt extensively with finance, budget and personnel matters. It will shortly be involved in the 1981-19841 budget formulation. Legislative Committee R. Bishop B. Green N. Hanko The purpose of this committee and its functions with respect to Board and staff are set forth in considerable detail in the "policy on Legislative Committee" , adopted by the Board on August 10 , 1977 , and in "Policies for Handling Legislative Matters" , adopted by you on July 25, 1979. Recently the committee met regarding the District' s Legislative Program for 1981-1982. R-81-3 Page two Ad Hoc Committees : The 1980 membership of the ad hoc committees is noted below along with comments: Picchetti Winery Proposal Committee R. Bishop K. Duffy N. Hanko The Picchetti Winery Proposal Committee was assigned the task of reviewing pending proposals. Thornewood Proposal Review Committee E. Shelley H. Turner D. Wendin This committee was formed on December 10 , 1980 to review proposals for the use of the Thornewood house. The Thornewood Proposal Parameters Committee and the Thornewood Grouds Use Committee were disbanded on December 10, 1980 after complet- ing their work. Dog Committee R. Bishop K. Duffy B. Green A committee which is to study the question of whether dogs should or should not be allowed on District lands was established some time ago. Both Board and staff have been heavily involved in items of higher priority since that time , and the committee has not yet met. Site Use Committee K. Duffy N. Hanko E. Shelley At the meeting of May 10, 1978 the Site Use Committee reported on "Procedures Regarding Concession and Other Use Proposals" . The Board adopted concession policies at that meeting but referred back to Committee the recommended procedures for reviewing proposals for special and/or long term use of MROSD lands and facilities. The Committee reported back on this item on August 23, 1978 , and policies were adopted. The Committee was also given an assignment on May 10, to combine Board policies on the use of District properties into a single stan- dardized use policy. This assignment appeared to be of much lower priority than many other District matters and has not been completed. Although the minutes of June 17 , 1979 do not indicate an assignment from the R-81-3 Page three Board, they do indicate that Director Kay Duffy thought "that perhaps the Board committee on structures and improvements should reevaluate the adopted policy re- garding rentals" (market rentals) . On January 23 , 1980, Director Nonette Hanko indicated she wanted the Committee to review public notification procedures for proposed building demolitions. On August 13 , 1980 you assigned the Committee the task of reviewing citizen notification and citizen input procedures for site use and management plans. I recommend this committee also review your policy re- garding not keeping rental houses (in the long term) , since there was some question about this matter following the passage of Proposition 13. 1 will not, however, be recommending a change in policy, but rather a reaffirmation. Public Notification Procedures Committee K. Duffy N. Hanko D. Wendin You established this committee on November 12 , 1980 to review notification in general, including identification of the issues involved, pre-acquisition notification and notification during the planning process. There appears to be some overlap of assignments given to the Site Use Committee on August 13 , 1980 and to the Public Notification Procedures Committee. The Site Emphasis Workshop Follow-up Committee, established on April 23, 1980, appeared to have completed its work when it made its report to you on December 10, 1980. I recommend that you (1) clarify the public notification assignments to the two committees as mentioned herein, (2) assign a review of your policies regarding not keeping rental houses to the Site Use Committee, and (3) officially disband the Site Emphasis Workshop Follow-up Committee (unless you and the Committee members want this group to continue following the proposed special Board meeting) . M-81-11 (Meeting 81-2 January 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 22 , 1981 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: S. Sessions, Land Manager SUBJECT: Thornewood Follow-up Report Information on Thornewood is being gathered regarding questions raised at your January 14 meeting. Director Wendin will present a report on January 28 if the information is available by that time. (Meeting 81-2 000*_ January 28 , 1981) 0'Arm MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 20 , 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Long Term Office Space Needs and Location Discussion: At your meeting of January 14 , 1981, you deferred the discussion of this agenda item to the meeting of January 28, 1981. My report on the matter (report R-81-2 , dated January 6 , 1981) contained background information on the Dis- trict' s long term office space needs and location and recom- mendations for Board action, and the report was included in your packet of material for the last Board meeting. IV R-81-5 (Fleeting 81-2 January 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT January 22 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions, Land Manager, D. Woods, Open Space Planner, and M. Gundert, Associate Open Space Planner SUBJECT: Proposed Addition to Monte Bello and Rancho San Antonio Open Space Preserves (Winship Property) Introduction: The Midpeninsula Regional Open Space District has the opportunity to purchase approximately 280 acres of land on Monte Bello Ridge adjacent to the northern boundary of the Monte Bello Open Space Preserve (see attached map) . If acquired, this land would become an important link between the existing Monte Bello Open Space Preserve and the Duveneck Windmill Pasture Area of the Rancho San Antonio Open Space Preserve. Located on the parcel is the summit of Black Mountain (2685 ' elevation) which is the highest point on the San Francisco peninsula. The grassland hilltop of Black Mountain affords spectacular views of the Santa Clara Valley to the northeast and the Stevens Creek Canyon to the southwest. A. Description of the Site. (1) Size, Location and Boundaries. This 280 acre property is located within the boundaries of the City of Palo Alto. The property is bordered by private property to the east, Hidden Villa Ranch to the northwest, the Duveneck Windmill Pasture Area to the northeast, and the existing Monte Bello Open Space Preserve to the south and southwest. (2) Topography, Geology and Natural Resources. The site includes the summit of Black Mountain at 2685 feet, and has gentle to steep hillsides sloping down to an elevation of 2000 feet. B. Current Use and Development. Monte Bello Road enters the southwestern portion of the property from Page Mill Road. An unnamed, unsurfaced road branching off Monte Bello Road and terminating at a radar reflector is also located on the property. A hiking and equestrian trail diverges from Monte Bello Road and extends northward the full length of the property. This trail is the connecting trail R-81-5 Page two between the Monte Bello Open Space Preserve and Hidden Villa Ranch, leading to the Windmill Pasture Area. Six communication facilities are located on the southern portion of the site. The leases, with Gill Cable TV, the Federal Aviation Administration, Lockheed, Philco-Ford (with sublease to Foothill College) , EROW Communications, and Stanford University may account for an average annual income of $20 ,000 over the next five years. C. Planning Considerations. The property is currently located within the City of Palo Alto and is zoned Open Space with a 10 acre minimum lot size. The acquisition of land for open space purposes would be in con- formity with the General Plan of Palo Alto. The MROSD Master Plan evaluation, which rates lands according to various open space values , shows the property as having a moderate to high rating. D. Relationship to Existing and Proposed Trails The property represents an important link between the Duveneck Windmill Pasture Area of the Rancho San Antonio Open Space Preserve, the Monte Bello Open Space Preserve, and the State trail system to the ocean. Monte Bello Road, located on the property, has been identified as a public hiking and equestrian trail in the preliminarily approved Monte Bello Open Space Preserve Trail Plan. E. Potential Use and Management The property should be incorporated into the existing and planned trails system on the adjacent Monte Bello Open Space Preserve, and would provide a valuable link to the Duveneck Windmill Pasture Area via the Hidden Villa Ranch. Black Mountain, which is highly visible from the valley floor and Skyline Boulevard, affords impressive views and should attract picnickers and photographers as well as springtime kite flyers and wildflower observers. The six lease holdings located on the property may act as a revenue source to the District, providing an average of $20 ,000 annually over the next five years. F. Use and Management Recommendations (1) Preserve boundary signs should be placed at the northern boundary of the property bordering the Hidden Villa Ranch. (2) The existing hiking and equestrian trails should be re- paired as needed. R-81-5 Page three (3) Existing and planned trails for the site should be included in the overall trails plan for the Monte Bello Open Space Preserve and Rancho San Antonio Open Space Preserve. (4) The existing leases on Black Mountain should be continued, but an evaluation of their impacts should also be conducted. G. Dedication It is recommended that this property be dedicated as public open space. H. Naming This property falls into two planning areas and is contiguous to two open space preserves. Monte Bello Road is the division between Planning Area IV and V, so it is recommended that the portion to the northeast of the road become an addition to Rancho San Antonio Open Space Preserve - Windmill Pasture Area and the portion to the southwest become an addition to the Monte Bello Open Space Preserve. I. Terms The attached purchase agreement enumerates the terms and con- ditions of this proposed acquisition. The total purchase price would be $905 ,000 , all cash at the close of escrow. An arbi- trary breakdown of this total includes $700 ,000 for the 280 acres of land ($2 ,500 per acre) and $205 ,000 for leases (calcu- lated on a 10% capitalization rate for the average income stream provided by the current antenna leases) . These totals are in accordance with the current appraised values and sales of similar lands in the area. As a result of the already completed or approved land purchases for this fiscal year, all but $42 ,000 of the new land acquisition funds have been expended or committed. However, there are still sufficient funds in the reserve account for land purchases during the first half of 1981-82 fiscal year, and in the committed land purchases budget category where not all of the projects are expected to be completed this fiscal year. These funds are more than sufficient to cover the $863,000 cash short- fall needed to complete this acquisition. Recommendations : It is recommended that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Accep- tance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve - Winship Property) . R-81-5 Page four It is further recommended that you authorize a budget overrun of $863,000 in the New Land Purchases Budget category. It is also recommended that you approve the interim use and management proposals, dedicate this property as open space, and officially name the site as an addition to the Monte Bello Open Space Preserve and the Rancho San Antonio Open Space Preserve - Duveneck Windmill Pasture Area, as recommended in the report. r.Y•V. •J••••�r:•:•.i• t:i'}':'v? .�' .•. :},•f•.. _ .�• yt:•F:•i;�y v:;•:::};�:,'iC:•:e'v•}-•:?l'-'tii:•i}:a•'.-.•.v.v{.}w - -'-ss�: .M.k4 ,v. ,r..;{.....p. :n:• �qR.�... vt.:;'�i:i:�}::F:: ::{•:ice_' Los �:f_ ': A \titic� •., R .• � t•!v. ..¢�;.\,�v::ti•:,1.}..? va :yid:slier:•:Ys•::�s�":S.tt, :::ti•:::� �.f�•'ti::::•�:7��i'ii�: ::.�.zy .�. l ll y • j 1 � i � a,. '` S a to•s� Vall ` All 7 ZL A &A P_ R I m. A, k u: 400q 'Welt M:crr - �> Yale � r4p HrccS, t i ��v-- Jill n l � i'm tM — ra...a.r• 4a �6 is v Na Fermaner' co ♦-, I � l�.t\�/ +. -- _..�••.QQ' �J '•-� � •,� �U II � �c rn nt 1 StE1 h3 IFti: � � r _ � \d � _..-��_-� • '��—fie `\� •�/ , W. 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ADDITION TO RANCHO SAN ANTONIO San Antonio `0en OPEN SPACE PRESERVE AND MONTE Space .Preserve BELLO OPEN SPACE PRESERVE B Add%ton,/to I�Ic3x�t - ; v 1" = 2000 ' NORTH Bellci'Open. Space Preserve S.6•.t 1�r.:Y:x;•`�Cti•'�"x a.�•r1 y/,.: ;�:a•:.�.•:r-.;.+.rr..-:xzr.-.:r- r� 1\\ \\ �.1. t. .� r.. t � tl �9 (�'-'` RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PUR- CHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NEC- ESSARY OR APPROPRIATE TO CLOSING OF THE TRANS- ACTION (Monte Bello Open Space Preserve - Winship Property) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer con- tained in that certain option agreement between H. Dillon Winship, Jr. , et al and the Midpeninsula Regional Open Space District dated January 23 , 1981, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President and appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance of option to seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGREEMENT TO PURCHASE REAL PROPERTY THIS AGREEMENT is made and entered into by and between the undersigned individuals hereinafter referred to as "SELLERS" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District, hereinafter referred to as "DISTRICT" . 1. PURCHASED PROPERTY: (a) SELLERS agree to sell to DISTRICT, and DISTRICT agrees to purchase from SELLERS, SELLERS' real property located in the City of Palo Alto, County of Santa Clara, State of California consisting of some two hundred eighty (280) acres, more or less, and commonly referred to as all of Santa Clara County Assessor' s parcel number 351-09-002 and more particularly described in that certain preliminary title report Number 171266-B, dated January 29, 1980 from Valley Title Company of Santa Clara and labelled Exhibit "A" as attached hereto and incorporated herein and by this reference made a part hereof, and as outlined in red on the map attached to said preliminary title report. Together with all easements, rights of way, and any other rights or privileges of use which may be appurtenant or attributable to the aforesaid real property. (b) As an appurtenance to said Real Property, SELLERS specifically agree to relinquish, sell and convey to DISTRICT, and DISTRICT agrees to acquire all of SELLERS ' rights and interest and to assume the full legal position of the SELLERS in and to the following leases, agreements, and operating agreements: i. That certain unrecorded operating agreement anA extensions thereof last dated May 1, 1980, by and between Katherine H. Corn, et al (owner) and Jon A. Erickson, et al (operator) , DBA "EROW Communications" . ii. That certain Lease dated May 23, 1977 , by and be- tween John E. Troxel , as Executor of the Will of Henry D. Winship and as Trustee under the Will of Katherine Winship Hayes and Katherine Corn, as Lessor, and The United States of America, as Lessee, recorded June 2, 1977 in Book C883 of Official Records, at page 37 . iii. That certain unrecorded "Operating Agreement, " dated April 3, 1978, by and between John E. Troxel, as Testimentary Trustee under the Will of Henry D. Winship, Deceased and Thomas S. Hayes and Katherine H. Corn (the "Owner" ) , and Gill Cable, Inc. , a Delaware .Corporati (the "Operator") , as dis, 3ed by Operating reement dated April 3, lk- , and re- corded April 20, 1978 in Book D610 of Official Records, at page 370. iv. That certain unrecorded lease and amendments thereto last dated August 16, 1974 by and between Henry Dillion Winship, et al, "lessor" , and Lockheed Missiles and Space Co. , Inc. , Lessee. V. That certain unrecorded indenture of Lease, exten- sions thereof and sub-leases thereof originally dated September 20, 1967 by and between Henry Dillion Winship, et al, "Lessors" and Philco-Ford Corporation, Inc. , "Lessee" . vi. That certain unrecorded indenture of Lease, dated July 31, 1978 by and between John E. Troxel, et al, "Lessor" and the Board of Trustees of the Leland Stanford Junior University, "Lessee" . (c) It is further understood and agreed that SELLERS will notify, or cause to have notified, all operators or lessees of the above described agreements, that said real property and interests therein are being conveyed to DISTRICT, and that DISTRICT has assumed and succeeded to the position of SELLERS as it relates to said real property and interests therein. 2. PURCHASE PRICE AND MANNER OF PAYMENT: The total purchase price for the aforesaid real property is the sum of NINE HUNDRED FIVE THOUSAND and N01100 DOLLARS ($905, 000. 00) payable in full at such time as escrow may be closed and title conveyed to DISTRICT in accordance with the terms and conditions herein set forth. SELLERS shall be responsible for and instruct the escrow company as to the apportionment and distribution of the aforesaid purchase funds among the individual SELLERS herein. 3. MINERAL ROYALTIES: If DISTRICT, its successor or assigns, permits, leases or other- wise arranges for the extraction or production of limestone, or any other form of minerals, oil or gas from the subject property, prior to January 1, 2031, then SELLERS, their heirs, successors or assigns shall share and receive one-half (1,) of any and all royalties or net profits arising from such permit, lease or other arrangements, and continuing for so long as royalties or other net profits are payable thereunder. Nothing herein shall vest SELLERS, their heirs, successors or assigns, with any inter- est in the subject property nor shall it confer any royalty or other right to income which arises from any permit, lease or other arrangement initiated after January 1, 2031. 4. TITLE AND POSSESSION: Title and possession of the herein described real property shall be conveyed by SELLERS to DISTRICT at the close of Page 2 of 5 escrow, by a Grant Deed, free and clear of all liens, judgements, encumbrances, easements, assessments, leases, contracts or agreements recorded or unrecorded (except as provided in Paragraph 1 herein) , restrictions, rights, covenants, and conditions, except : (a) Taxes for the fiscal year in which this escrow' closes shall be cleared and paid for' in the manner required by Section 4986 of the Revenue and Taxation Code. (b) All rental and lease payments shall be prorated as of close of escrow. (c) Exceptions Nos. 2 through 9 as set forth in said preliminary title report labelled Exhibit "A" , as attached hereto. 5. COSTS: DISTRICT shall pay and satisfy all escrow, recording, and customary title insurance charges and fees incurred in this transaction. Title insurance may be required at the option of the DISTRICT, and in the amount it may deem adequate for its purposes. SELLERS shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgements, or any other charges, costs, or fees of any nature whatsoever incurred in connection with the delivery of marketable title to DISTRICT. 6. COMMISSIONS: Neither SELLERS nor DISTRICT shall have any obligation to pay any real estate agents' commission or other related costs or fees in connection with this transaction. 7. LEASES OR OCCUPANCY OF PREMISES : It is understood and agreed that except for those leases, agreements or operating agreements hereinbefore set forth in sub-paragraph l (a) , the SELLERS warrant that there are no other oral or written leases or rental agreements affecting all or any portion of the subject property, nor are any persons otherwise occupying the premises. SELLERS further warrant and agree to otherwise hold DISTRICT free and harmless and to reimburse DISTRICT for any and all costs, liability, loss, damage , or expense, including costs for legal services, occasioned by reason of any such lease, rental agreement, or occupancy of the property being acquired by DISTRICT (including but not limited to relocation payments and expenses provided for in Section 7260 et seq. of the California Government Code. ) 8. ACCEPTANCE AND TERM OF ESCROW: The DISTRICT shall have thirty (30) days from the date of Page 3 of 5 the execution hereof by the last of the SELLERS, to- accept and execute this agreement and during said period this instrument shall constitute the agreement of the parties to purchase and sell the aforesaid real property, for the consideration and under the terms and conditions herein set forth. Time being of the essence, this transaction shall close as soon as practi- cable after documents evidencing acceptable title are deposited into said escrow (No. 171266-B) to be conducted by Valley Title Company, 300 South First Street, San Jose, California, and in no event later than February 27 , 1981. 9. ACCRUAL: The provisions hereof shall accrue to the benefit of and bind the respective heirs, devisees, assigns, or successors in interest of the parties hereto. Page 4 of 5 MIDPENINSULA REGIONAL SELLER OPEN SPACEDISTRICT: H. DILLON WINSHIP JR. , a married APPROVED AS TO FORM: man, as his separate property, as to an undivided 1/8 interest Dated: Stanley Norton, District Counsel WADLEIGH WINSHIP, a married man, as his separate property, as to an ACCEPTED FOR RECOM14ENDATION: undivided 1/8 interest Dated: L. ' Craig Britton EMORY WINSHIP, a married man , as Land Acquisition Manager his separate property, as to an undivided 1/8 interest Dated: RECOMMENDED FOR APPROVAL: ANNE W. KELLEHER, a married woman, as her separate property, as to an undivided 1/8 interest Herbert Grench Dated: General Manager KATHERINE H. CORN, described as a APPROVED AND ACCEPTED: single woman, as to an undivided 1/4 interest Dated: President, Board of Directors THOMAS S. HAYES, a married man, as his separate property, as to an undivided 1/4 interest Dated: Dated: ATTEST: Clerk of the Board of Directors Page 5 of 5 nLLEY TITLE COAIPANY EXW1131T % A PRELIMINARY REPORT i i14X;00 SOL1111 First Street-San Jose, 292 7150 605 Castro Street-Mt. View, 968 4427 3r.80 F Stevens Creek Blvd 243 4269 247 So Mathilda Ave --Sunnyvale, 245-0240 ' --P 0 Box 9456 San Jose, 95157 10625 De, Anza Blvd.- 253-7630 2334 AIUill Rock Avenue---San Jose, 251-8500 P.0 Box 720--Cupertino, 95015 ` -1741 Saratoga Avenue--San Jose, 252-2915 -1930 So Bascom Ave.-Campbell, 371-7891 I - 14526 Camden Avenue-San Jose, 377-7911 100 No- Milpitas Blvd.-946-0700 I 445 Blossom Hill Road-225 4224 --P 0 Box 316-Milpitas, 95035 i — Appl canon No P 0 Box 23855-San Jose, 95153 171266-B CCG7 j I i i In response to the above referenced application fora policy of title insurance,VALLEY TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as I an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. i I This report(and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of __Jams_ar__2R__ , 19-8-Q , at 7:30 A.M. VALLEY TITLE COMPANY In the event of cancellation, a minimum charge of $100.00 will be made. 11 the escrow has not closed within 90 days from the date hereof, cancellation will be effected unless other provisions are made. VICE PRESIDENT The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee Title to said estate or interest of the date hereof is vested in: See Exhibit "A" on Page 1A attached At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: EXHIBIT " A (Continued on next page) PzZ, of `? vtc 215 _ WCP/j f Page 1 171266-B Page lA EXHIBIT "A" H. DILLON WINSHIP, JR. , a married man, as his separate property, as to an undivided 1/8 interest ; WADLEIGH WINSHIP, a married man, as his separate property, as to an undivided 1/8 interest; EMORY WINSHIP, a married man, as his separate property, as to an undivided 1/8 interest ; ANNE W. KELLEHER, a married woman, as her separate property, as to an undivided 1/8 interest; KATHERINE H. CORN, described as single woman, by Deed recorded April 28, 1976 , as to an undivided 1/4 interest; and THOMAS S. HAYES , a married man, as his separate property, as to an undivided 1/4 interest Pnon 2 o 171266-B Page 2 1. The lien for property taxes for the fiscal year 1979-1980 securing : a. Amounts currently assessed under Receipt No. 351-9-2 . Code 06-033. (Assessed valuations : Land $30 , 319.00) 1. First Installment $718. 391, has been paid 2. Second Installment $718 . 39 , a lien and payable b. Additional amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979. 2. The right and privilege of erecting, maintaining, and using, for the transmission and distribution of electricity, and for all purposes connected therewith, a single line of poles , and such wires as second party shall from time to time suspend therefrom, and all necessary and proper guys , crossarms , and braces , and other fixtures for use in connection therewith, and also a right of way therefor along each of the hereinafter described routes on and across those certain premises situate in the County of Santa Clara, State of California, described as follows , to wit : The southwest quarter of the southwest quarter of section 13 , Township 7 South, Range 3 West , M.D.B.&M. The route of said poles across said premises will be as follows : Beginning at a point in said premises from which a granite monument, marking the southwest corner of said section 13,, bears south 501 351 west 1207 .6 feet distant and running thence south 651 311 west. 1027 feet, more or less , to a point in the westerly boundary line of said. premises. In the event that the Civil Aeronautics beacon on Black Mountain, for the lighting of which the said pole line is to be constructed, shall be abandoned for a period of two (2) years , the right of way hereby granted may be terminated by the grantors , their successors and assigns , on written notice of such termination delivered to the grantee, and the grantee agrees to remove the said pole line within ninety (90) days after the receipt of such notice. First party also grants to second party the right to trim any trees along said poles and wires whenever considered necessary for the complete enjoyment of the rights hereby granted, as granted by Henry Dillon Winship and Edgar T. Zook, as surviving C> trustees , to Pacific Gas and Electric Company, a California corporation, by instrument dated August 26, 1941, recorded September 8 , 1941 in Book 1052 of Official Records, at page 552 . A (Cont'd on next page) Page -a of 171266-B Page 3 By instrument dated June 30, 1966 and recorded September 19 , 1966 in Book 7509 of Official Records at page 170 , Pacific Gas and Electric Company assigned its interest under the foregoing easement to the City of Palo Alto, a municipal corporation. 3. Terms and provisions contained in that certain Agreement by and between Mildred Scott Ligda, first party, George F. Morell, second party, and Henry Dillon Winship and Katherine Winship Hayes ,, as tenants in common, third parties , dated August 1, 1958 and recorded February 241) 1959 in Book 4331 of Official Records,, at page 628 , and reference is hereby made to the record thereof for full particulars. 4. Terms, conditions and provisions of that certain unrecorded "Operating Agreement, " dated October 15, 1969 , by and between Henry Dillon Winship, as Owner, and San Jose Cable TV Service, a joint venture composed of Standard Radio and Television Co. , a California corporation,, and Northwest Publications, Inc. , a corporation, as Operator, as disclosed by Assignment of Operating Agreement, dated March 11 , 1972 , recorded March 22 ,, 1972 in Book 9754 of Official Records ,, at page 444. (Affects a portion of premises) By instrument dated March 11, 1972 , recorded March 22 , 1972 in Book 9754 Official Records, page 444 , the Operators interest under the foregoing Agreement was assigned to Gill Cable, Inc. , a Delaware corporation. 5. Terms, . conditions and provisions of that certain unrecorded "Operating Agreement," dated October 15, 1969 , by and between John E. Troxel, as Administrator with the Will and Codicil annexed* of Katherine Winship Hayes , deceased, as Owner, and San Jose Cable TV Service, a joint venture composed of Standard Radio and Television Co. , a California corporation, and Northwest Publications, ,Inc. , a corporation, as Operator, as disclosed by Assignment of Operating Agreement,, dated March 11 , 1972 and recorded March 22, 1972 in Book 9754 of Official Records , at page 448. (Affects a portion of the premises) By instrument dated March ll,, 1972 , recorded March 22, 1972 in Book 9754 Official Records , page 448,, the Operators interest under the foregoing Agreement was assigned to Gill Cable , Inc. , a Delaware corporation. 6. Terms, conditions and provisions contained in that certain Deed of Trust and Security Agreement dated March 20 , 1972 and recorded March 22 , 1972 in Book 9754 of Official Records , page 524 , and re-recorded April 6 , -1972 in Book 9776 of Official Records , at page 87 ,, executed by Gill Cable, Inc. and Gill Industries , as parties of the first part ,, to Grant Wilson,, as Trustee ; and the terms, conditions and provisions of all those certain Supplemental Indentures thereto, up to and including the Sixth Cupplemental Indenture dated October 195 1979 , recorded October 23 , 1979 0 A #9 (Cont'd on next page) LIL HI P3 I T AA' r ft-0 Pap or 171266-B Page 4 in Book E885 of Official Records, page 715 , and reference is hereby made to the record thereof for full particulars. (Affects Leasehold interest in portion of premises) By instruments dated October 11, 1974 and recorded October 16 , 1974 in Book B131 of OFficia.1 Records, at pages 671 , 678 and 685 , respectively, Title Insurance and Trust Company, a California corporation, having an office at 433 So. Spring St. , Los Angeles, Calif. , was appointed Trustee. 7. Terms , conditions and provisions of that certain Lease dated May 23 , 1977, by and between John E. Troxel , as Executor of the Will of Henry D. Winship and as Trustee under the Will of Katherine Winship Hayes and Katherine Corn, as Lessor, and The United States of America, as Lessee, recorded June 2, 1977 in Book C383 of Official Records , at page 37 , and reference is hereby made to the record thereof for further particulars. (Affects a portion of premises) 8. Terms, conditions and provisions of that certain unrecorded "Operating Agreement ," dated April 3, 1978, by and between John E. Troxel, as Testimentary Trustee under the Will of Henry D. Winship, Deceased,. and Thomas S. Hayes and Katherine H. Corn (the "Owner") , and Gill Cable, Inc. , a Delaware corporation (the "Operator") , as disclosed by Operating Agreement dated April 3, 1978 and recorded April 205 1978 in Book D610 of Official Records, at page 370. (Affects a portion of the premises) 9. Right of the public over any and all roads traversing premises. NOTE 1 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within five years prior to the date of this report are as follows : "Order Settling First and Final Account and Report of Executor and .Decree of Final Distribution," Case No. 210 189 , recorded April 3,,, 1978 in Book D577 of Official Records, page 269 , and reference is hereby made to the record thereof for further particulars. Deed dated December 17 ,, 1979 , recorded January 2 . 1980 in Book F056 of Official Records , page 36 , executed by John E. Troxel, as Trustee under the Will of H. Dillon Winship, whose full name was Henry Dillon Winship, and who was sometimes also known as H.D. Winship, Deceased, Grantor to H. Dillon Winship, Jr. , a married man, as his separate property; Wadleigh Winship, a married man as his separate property; Emory Winship, a married man as his separate property and Anne W. Kelleher, a married woman, as her separate property, as tenants in common, an undivided one-eighth (1/8) interest each, Grantees. DESCRIPTION All that certain parcel of land situate in the City of Palo Alto, County of Santa Clara, State of California,, described as follows : Vk 4 PIP E14 H I B I T (Cont'd on next page) Page It 7 171266-B Page 5 The Southwest Quarter (SW-1/4) , the South One-Half (S-1/2) of the Northwest Quarter (NW-1/4) , and the Northeast Quarter (NE-1/4) of the Northwest Quarter (NW-1/4) of Section 13, Township 7 South, Range 3 West, M.D.B. E M. 3 1 T pa & 0 OFF$CE OF COUNTY ASSESSOR, : BOO, PAGE 7)" mep has been compiled by On Anessor s Office of Swon Clms County from dots of record as of " first of March, 1973.This map has been made 1n oxtformanos w%h Section 827 of the Revenw 6 Iaxmion Code anc to wed for land identification of the asso"ment roll w of tfta above dots. DWIGHT L. MATHiEUM I County Assessor I (160UAc I 37S AC '- 11I12 ►2 7 � -- 40 A II 5 ! (40.37 Ac 3 u l r(7.SAcfi (40 -AC i 3201M Ar. !a ' IwB I 6 I (4,0)--Ac I 3 280 21Ac.. i (� u A` Iz 40 I &•`" OR fC) I12s`Ac) (4o.'"Ac.) i ►6(4 �Kp09R� r ,. 111 'by 13 18 j l 20;r.e3 1 X• 152017SS Y. 30l375 X-152S37S Y= 301¢OC} t� II T.7 S. R.3 W. EXHIBIT 12 page 7 ©# `7 .r r R-81-6 IV (Meeting 81-2 oe January 28 , 1981) 0aw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT January 23 , 1981 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager, S. Sessions , Land Manager, and D. Woods, Open Space Planner SUBJECT: Proposed Addition to Long Ridge Open Space Preserve (Smith Property) Introduction: The Midpeninsula Regional Open Space District is considering the acquisition of approximately 15 acres of land located near Skyline Boulevard in San Mateo County. The property is adjacent to the western boundary of the Long Ridge Open Space Preserve and would become an addition to that site. The Long Ridge Open Space Preserve is close to a network of State and County parks and District preserves which total almost 22 ,000 acres. The proposed acquisition could provide a significant trail linkage to these nublic lands. A.' Description of the Site 1. Size, Location and Boundaries. This 15 acre parcel is located one-half mile west of Skyline Boulevard about four miles north of Saratoga Gap. It is bordered by the Long Ridge Open Space Preserve to the east and private property to the north, east and south. The property is near Skyline County Park, Saratoga Gap Open Space Preserve, and Portola State Park. 2. Topography, Geology and Soils. The terrain on the site consists of relatively level to moderate slopes. Soils are shallow and exhibit moderate runoff with moderate to high erosion hazard. The San Andreas Rift Zone is located one mile to the northeast in Stevens Creek Canyon. 3. Vegetation and Wildlife. Woodland species dominate the property and are primarily represented by bay, madrone, and Douglas fir. There are sparse areas of grassland. Wildlife present in the area are those species common to these habitats throughout the Santa Cruz Mountains. R-81-6 Page Two B. Current Use and Development The property contains a well-used roadway extending the length of the parcel with a spur leading westerly to Devil ' s Canyon. There is a 60 foot wide public utilities easement on the roadway running in the north-south direction. These roads incur considerable traffic from local residents residing along Long Ridge and Devil ' s Canyon. Improvements include a 100 square foot storage shed, the remains of a tent structure, a capped well, and an abandoned vehicle. In addition, there is a hiking trail extending easterly into the existing Long Ridge Preserve and connecting to the nearby reservoir. C. Planning Considerations Acquisition of the property for open space purposes has been found to be in conformity with the San Mateo County General Plan. The property is within the Resource Management District and is subject to a slope density zoning formula. The property is located within the District' s boundaries. The District' s Master Plan, which prioritizes lands in the foothills and baylands according to resource characteristics , shows this parcel to be highly desirable. D. Relationship to Existing and Proposed Trails The Master Trails and Pathways Plan for Santa Clara County shows a proposed trail in this vicinity. This acquisition may provide trail connections to nearby trail systems in Portola State Park, Sam McDonald and Memorial County Parks, and Santa Clara County Skyline Park. E. Potential Use and Management The roads and trails on this addition have a good potential for improving circulation around the existing Preserve and offering future connections to nearby public parklands. Currently, the Long Ridge Open Space Preserve is a site where use has not been emphasized, although the Preserve has always been open. This addition, along with the entire Preserve, should remain open and managed as a natural area with unmarked existing roads and trails open to hikers and equestrians who can gain access from the Grizzly Flat parking area. Site identification would be limited to marking boundaries at appropriate points. F. Use and Management Recommendations (1) The site should be open to hikers and equestrians who can gain access from the Long Ridge Open Space Preserve or from adjacent private property with permission. (2) All structures should be removed, which can be done now by District staff. The abandoned vehicle should be towed off the property at an expense of approximately $350 . R-81-6 Page Three (3) Preserve boundary signs should be placed at appropriate points. (4) The trail leading easterly through Long Ridge Open Space Preserve should be maintained as a hiking and equestrian trail. G. Naming It is recommended that the property be added to the Long Ridge Open Space Preserve and be known by the same name. H. Dedication It is recommended that this site be dedicated as public open space land. I. Terms The attached purchase agreement enumerates the terms and conditions of this proposed acquisition. The total purchase price would be $130,000, all cash at the close of escrow. This price is based on the fact that this parcel constitutes one legal building site with a developed well and paved access. This site value figure compares favorably with the current appraised value and sales of similar sites in the area. Assuming the Winship acquisition is approved, the already completed or approved land purchases for this fiscal year overspends the new land acquisition funds. However, there are still sufficient funds in the reserve account for land purchases during the first half of 1981- 82 fiscal year, and in the committed land purchases budget category where not all of the projects are expected to be completed this fiscal year. These funds are more than sufficient to cover the additional $130,000 cash shortfall needed to complete this acquisition. The total budget overrun would be $993,000. Recommendations : It is recommended that you adopt the accom- panying Resolution of the Board of Directors of the Midpeninsula Regional Open Space D'istrict Authorizing Acceptance of Agree- ment to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Nec- essary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Smith Property) . It is further recommended that you authorize an additional budget overrun of $130 ,000 in the New Land Purchases budget category. It is also recommended that you approve the interim use and management proposals, dedicate this property as open space, and officially name the site as an addition to the Long Ridge Open Space Preserve, as suggested in the report. •:`�'. (�{: •:1.': .�:1:: jf� :�•.e 3!��:. .:�.•J•!.•/,r / �'i�w •'�':�'(�1:•:'.': ... ..:k.diwiC:t:::�.:•.�.:il:•vf�:l�.w..:M:.'r�.'��:M1.•::i+�•:ti•:�....:.`:.'...t.nu:�:7i✓ii'...:5:w'�.L'�:- Z i ► ,i 23 r �•2<9J`-�-e_.- y\: 'f.,� ry _�l J l (-... \P2 / _,I` k,> qf�: VIeVIT N�. dolo s los alley Los _ \; altosnn BM 2 3 vale \ ] PARK,� N tier 13 Permav-nte �Upei11f10 oo 9-5�70� wu '] N s.euoc• 2~ ) 4� ,� �w�� �'r' \ BM7��J*(J�CLL / srar_rf Ir \ goy c b2(?tOg: pew -`� FyLr R V wN ss srn ° too ) ` ` AA�F RJR L \� o��`f�1-� 1 C�!✓( �i 1 I � r ���p� �\ if l' I .r _� .r wpm�, �"' ,c . .. \ W \� •' I .J � � Mountai ` ""<_`p ¢$QZGEIS � mN( ,lllNJrBM 2325 �, li l K` �k'�J 1 !I�r tK�a�a'1\{��/u ;ice �C.. L Am- Pi {•• '� ,)f\-�o�i,1�1 �.,,�N\, �J;)��tr. _ � ;j — •'� .'(I I^\ 1.1t r �`1//T-i;`\. >,, -_.`' _•, `\\ r e ` / . (I I �)P�== �a �'� TesA LONG Ri ©GE Well ',,jc� OPEN SPACE / I ) �✓ 1 34 PRESERVE ,,` jr ( ✓ 7 r d�r160r�'�J p M (( �j 36�( 1 r ~ / , r �..._.�. ,erg v.r.r+ \ v.•vA ..A � � � r : :� I I ,., l ! l""�'��a—' ifs �I�� � �1�(V''v..`\�� R q<' 1•� �i- �, ) / v�� �1 I;,� J 1" M° If O it ` \ \ �1 �I V• t _' /. �""' "'`-^�J/\ti. - I .�:�. >Gam'--�r•� \ �_- �t i. ,_`�,� .\ C:• `. 1 1r - 1f 98 573'+� ara o a EXHIBIT A - SITE MAP ( USGS ) o a � _ ADDITION TO THE Q- _ ,�1:� t• I-ONG RIDGE OPEN SPACE PRESERVE QI . _;:r,, -+'\,�.«�$ �•� 2000 North _�.. .*:':4J'•�: ;d. •" .�. .;�•:ffc;. �Ors: .r. s:s;rr+arori:•:r.'�•sSi:s: :''"r::;:jr17t :?i;• titi: +��q''JRr yr}.ti _ %.•:.•.tiff• .r�. .S ..V�:�q..fi. {.Y L .�'•i.�'.. •-�..~':"?,�}:�••�•f• .. �•'._...:_.lJJir4'le." . ...•. ....r... ..: : •..1 . :•.'y .. • 1'1 ':•11S.I •i.•Y) .T ".G'�.• RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PUR- CHASE REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NEC- ESSARY OR APPROPRIATE TO CLOSING OF THE TRANS- ACTION (LONG RIDGE OPEN SPACE PRESERVE/SMITH PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Peter T. Smith, and the Midpeninsula Regional Open Space District, dated January 21, 1981 a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agree- ment on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of accept- ance to any deed(s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * M_81-8 lik (Meeting 81-2 4 loe January 28 , 1981) 2"ww'4"Mm MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 19 , 1981 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Renewal of Investment Authority Discussion: My authority to invest temporarily idle funds expires on February 27, 1981 according to the provisions of Resolution 80-12. The District continues to benefit from the ability to maintain its own direct investment program. Recommendation : I request that you extend my investment authority for another year by adopting the attached resolu- tion. The wording and content of the resolution and Exhibit "A" , is the same as you adopted last year. RESOLUTION NO. 81- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING CERTAIN BOARD EMPLOYEES TO INVEST TEMPORARILY IDLE FUNDS IN SECURITIES ALLOWED BY GOVERNMENT CODE. WHEREAS, the District needs to maximize its yield on temporarily idle funds in order to help meet land acqui- sition objectives; and WHEREAS, Government Code, Sections 53630 et. seq. authorize the District to invest inactive funds in securities currently yielding interest rates higher than the Santa Clara County Fund; and WHEREAS, the District can improve its yield on temporarily idle funds without sacrificing financial safety or flexibility; NOW, THEREFORE, BE IT RESOLVED as follows : Section One. The Board of Directors of the Midpenin- sula Regional open Space District does hereby authorize the Controller, or in his/her absence, a District employee author- ized to act on his/her behalf, to invest temporarily idle funds according to the Investment Goals and Guidelines attached here- to as Exhibit "A" and by reference made a part hereof. Section Two. Before any particular investment the Controller shall consult with the General Manager, or a District employee authorized to act in his/her behalf, to determine anticipated cash flow needs of the District. Section Three. This Resolution supersedes Resolution No. 80-12 adopted February 27 , 1980. This Resolution shall no longer be in effect as of February 27 , 1982, unless extended in time, and inactive funds shall then be deposited in the Santa Clara County commingled investment fund. Exhibit "A" Investment Goals and Guidelines . GOALS Goal 1. Capital Preservation Temporarily idle funds shall be invested in a conservative manner such that funds can always be withdrawn at, or just below, full invested value. Investments that offer opportunities for signi- ficant capital gains and losses are excluded. Goal 2. Liguidity Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks) . Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the Government Code. GUIDELINES 1. Determination of Idle Funds. The Controller will prepare a complete cash flow projection prior to all investment decisions. This cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is responsible for desig- nating the maximum amount of funds available for investment in each month. 2. Contingency Reserve. A contingency reserve of between $500,000 and 1,500, 000 shall be maintained with the Santa Clara County Treasurer. The General Manager is responsible for determining the size of this contingency reserve. 3. Non-Invested Funds. Idle District funds not otherwise invested will be deposited with the Santa Clara County Treasurer. 4. Selection of Investments. The Controller is responsible for selecting specific investments that fit within the amounts and maturities designated by the General Manager. The Controller is also responsible for directing security transactions. 5. Investment Instruments. Investments shall be limited to those allowed by the Government Code. 6. Diversification. Investments other than insured or col- lateralized deposits at banks and savings and loan asso- ciations shall be diversified. 7. Marketability. For investments other than deposits, the breadth of ownership and number of securities outstanding will be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks. Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and savings and loan associations with over $500, 000, 000 of deposits. 9. Acceptable Collateral. Securities collaterizing bank or savings and loan deposits must be rated "A" or higher. 10. Investments in Name of District. All investments purchased shall stand in the name of the District. 11. Reporting. The Controller shall report all security trans- actions to the Budget Committee no later. than the next Regular Meeting of the Board of Directors after any trans- action has been made. The Controller shall submit a complete listing of the investment portfolio to the Budget Committee by the fourth Wednesday of each month. 12. Wiring of Funds. Wiring of funds from the District bank account for purchase of investments shall in each instance require prior written authorization of check signatories authorized by the applicable Board resolution. Authorization shall specify the destination of the wired funds and the security to be purchased. 13. Purchase of Securities through Bank. The Controller is authorized to purchase securities through the investment department of the District' s bank. The Bank shall be instructed in writing to only purchase securities in the name of the District and that all matured funds shall be returned to the District's bank account. M-81-12 IV (Meeting 81-2 oe January 24 , 1980) 0 IMK MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 22 , 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Revision of Authorized Signatories for District Accounts and Safe Deposit Box Discussion: In accordance with the Rules of Procedure and as a follow-up to the Board' s election of officers for 1981, it is necessary to revise the authorized financial instrument signatories for the District' s accounts and safe deposit box and inform the appropriate financial institu- tions of the signatory changes. Recommendation: It is recommended that you adopt the follow- ing resolutions : (a) Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts. (b) Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Approving Certificate of Authority of Officers (United California Bank - San Francisco) (c) Resolution Establishing New Specimen Signatures for Signing and Endorsing Checks and Other Instruments (Union Bank - Palo Alto) (d) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Savings Account (United California Bank - Los Altos) (e) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (United California Bank - Los Altos) (f) Resolution Establishing Signatories for Entering Safe Deposit Box (United California Bank - Los Altos) (g) Resolution Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (Wells Fargo Bank - Mountain View) RESOLUTION NO. 81- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS WHEREAS, the Board of' Directors of the Midpeninsula Regional Open Space District has passed ordinance 79-2, dated November 14, 1979 changing the signatories authorized to make disbursements on behalf of the District, NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements in an amount less than $50 ,000.00 on . behalf of the District based on any two - signatures as set forth below: President Vice President Treasurer Richard S. -Bishop Daniel G. Wendin Barbara Green General Manager As8i8tanti.'General Manager District Clerk Herbert Grench L. Craig Britton Jean H. Fiddes Section 2. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements in an amount of $50,000. 00 or greater on behalf of the District based on any two signatures as set forth below: President General Manager Richard S. Bishop Herbert Grench or or vice President Assistant General Manager AND--- Daniel G. Wendin L. Craig Britton or or Treasurer District Clerk Barbara Green Jean H. Fiddes Section 3. Resolution No. 80-3, dated January 23, 1980, giving the most recent list of authorized signatories, is hereby superseded as of this date. RESOLUTION NO. 81- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING CERTIFICATE OF AUTHORITY OF OFFICERS (UNITED CALIFORNIA BANK) WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution No. 77-30 on July 13, 1977, approving, authorizing, and directing the execution of an agreement with United California Bank to act as paying agent on behalf of the District for the issuance of $4 , 600,000 principal amount of Midpeninsula Regional Open Space District Negotiable Promissory Notes, Series A; and WHEREAS, United California Bank has requested that the Board of Directors designate those officers of the District who have been duly elected or appointed to sign written instructions and consents on behalf of the District; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the Certificate of Authority of Officers attached hereto as Exhibit A designating those officers of the District who are authorized to sign written instructions and consents on the District' s behalf. This Resolution supersedes Resolution 80-4 adopted January 23 , 1980. CERTIFICATE OF AUTHORITY OF OFFICERS Public Agency Name Dlidpk isula Regional Open Spac istrict Address 375 Distel Circle, Suite D-1, Los Altos, California 94022 TO: United California Bank Corporate Trust Department 405 Montgomery Street San Francisco, California 94104 The Undersigned, Secretary of the Board of Directors of the Midpen- insula Regional Open Space District, hereby certifies, that by -resolution duly adopted by the Board of Directors of this Public Agency, the officers named uoon this certificate have been duly elected or appointed are now acting and are qualified to sign written instructions and consent as pro- vided in the By-Laws, etc. , on behalf of this Public Agency, that the specimen signatures appearing opposite the names and titles are the genuine signatures of such officers and that said resolutions electing or appointing these officers are now in full force and effect. You are further authorized to recognize these signatures until you receive our written instructions to the contrary. (PRINT) Richard S. BLshop President, will sign Barbara Green Treasurer, will sign Herbert Grench General Manager, will sign L. Craig Britton Assistant General Manager, will sign__ Jean H. Piddes District Clerk, will sign In Witness Whereof, I have hereunto set my hand and affixed the seal of said Midpeninsula Regional Open Space District Public Agency This Day of 19 By Secretary of the Board EXHIBIT A RESOLUTION NO. 81- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING CERTIFICATE OF AUTHORITY OF OFFICERS (UNITED CALIFORNIA BANK) IXTHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District adopted Resolution No. 77-30 on July 13, 1977 , approving, authorizing, and directing the execution of an agreement with United California Bank to act as paying agent on behalf of the District for the issuance of $4 , 600,000 principal amount of Midpeninsula Regional Open Space District Negotiable Promissory Notes, Series A; and WHEREAS , United California Bank has requested that the Board of Directors designate those officers of the District who have been duly elected or appointed to sign written instructions and consents on behalf of the District; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt the Certificate of Authority of Officers attached hereto as Exhibit A designating those officers of the District who are authorized to sign written instructions and consents on the District's behalf. This Resolution supersedes Resolution 80-4 adopted January 23, 1980. CER' 'TCATE OF AUTHORITY OF OFP-&--E­- 1W Public Agency Name Midpeninsula Regional Open Space District Address 375 Distel Circle, Suite D-1, Los Altos, California 94022 To: United California Bank Corporate Trust Department 405 Montgomery Street San Francisco, California 94104 The Undersigned, Secretary of the Board of Directors of the Midpen- insula . Regional Open Space District, hereby certifies, that by -resolution duly adopted by the Board of Directors of this Public Agency, the officers named upon this certificate have been duly elected or appointed are now acting and are qualified to sign written instructions and consent as pro- vided in the By-Laws, etc. , on behalf of this Public Agency, that the specimen signatures appearing opposite the names and titles are the genuine signatures of such officers and that said resolutions electing or appointing these officers are now in full force and effect. You are further authorized to recognize these signatures until you receive our written instructions to the contrary. (PRINT) Richard S. Bishop President, will sign Barbara Green Treasurer, will sign Herbert Grench General Manager, will sign L. Craig Britton Assistant General Manager, will sign_ Jean H. Fiddes District Clerk, will sign In Witness Whereof, I have hereunto set my hand and affixed the seal of said Midpeninsula Regional Open Space District Public Agency This Day of 19 By Secretary of the Board EXHIBIT A tNEW A 7 1 LE EW ACCOUNT 300 TITLE CHANGE 301 R REOPEN P E'REOPEN ACCOUNT 30 5 . ACCOUNT TITLE 1) 2) 3) 4) STREET ADDRESS 375 Distel Circle, D-1 CITY STATE ZIP CODE Los Altos CA 94022 TYPE OF BUSINESS/ASSOCIATIONBUSINESSTELIEPHONENO. S.S./TAX I.D. NUMBER Public Agency I A E�51ZCDE 965-4717 94-2231873 BANK REFERENCE it; mE/Ar.)c:)WF7iisj ACCOUNT NUMBER nited California Bank Los Altos 630198001 ' -- --­_­ .- SEND STATEMENT TO (N,�ME!ADEIIIESS) 315 Diste1 Circle,D-1 TELEPHONEU M a r F? Midpeninsula Regional Open AREA COD : Los Altos, CA 94022 )965-4717 OWNER5t11P ACCr.NIGH,NO. 2Nt,)ACC-T.M<7R. ICY 'LE CODE" LOCATION OE INDUSTRIAL A N t _T RE ICE CIIAG Or IS L FAB� T ACCOUNT NUER MAIL CODE K ) I U WA 1E ONLY RESOLU'rION 81- RESOLVED that, by its President, this orc"I"za,-., open an --h Union ri-k, subject t, a;%p11­!4C Bank rulp5, *regulations, and by-laws; th.0 all dens J'a"'n Cn ?tte t_e re-, � h Ino c.,ga-Za! -n ranx fo!I:I�ej by t­. specified number of signatures of j,crsens listed on the at any item payable to '.h.5 ong,n,:zatcn may tr: deposited in this account, and Bank may supply any end,%rier:,ent. "That all activity in the account, as evidenced by statements recei,eJ by this crgantzaf:on prio- to the adoption of th:s resolution, is hereby ratified and approved. "That this authorization shall retrain effective until the Bank rece,es certified copy of a rescd,�!,,on of the organization to the contrary; that all previous authorizations heretofore given ­1h res;,ect to said account are revoked; that the revoca- tion of this or of previous authorizations with respect to said acrount not affect tote valid ty of any item signed or en- dorsed by any person or persons at the time authorized to act, an:! that this organization guarantee; payment of any Over- draft created in this account." This is to Certify that the foregoing is a true copy of a resolution duty aeoptal by the directors of Miqpeqinsula Regional Open Space District organizeJ in the State of — California and that resolution is in full force and effect. DATELJ_ (SEAL) SECRETARY The depositor hereby opens this account with Union Bank and agrees that it shall be cio,,ern.?l by applicable ru!es, regulations, and by-laws of the Bank now existing or hereafter aJcptcJ, Receipt of a c:;)y of rule,, arc, rc:,,.,!jtiorS applicable to this account is hereby acknowledged. Midpeninsula Regional Open Space District PREsiDtNr Supersedes Resolution 80-5 '- NIOld BANK ACCOUNT NO COMMERCIAL ACCOUNT X SAVINGS ACCOUNT OPENING DATE '_OUN7 NAME (To BE F,'_LFl IN BY BANK) A CO,!%'ORATION ASSOCIATION El SOCIETY NUMBER OF SIGNATURES R EOW RED NAME (MUST Bit SIGNATURE OFFICIAL TITLE President Barbara Green Treasurer Herbert Grench General Manager L. Crate Britton Manager Jean H. Fiddes District Clerk, JN_TF1_66&eED BY OPENED BY OPENING DEPOSIT NA-37(nEV.8/77) `INITED CALIFORNIA BANK RESOLUTION 81- TNSTe,i CY RESOLVEDthat any of the officers of this eer-;46r-a_4-en named be1oT..7 are hereby authorized to deposit the funds of this with United California Bank and to accept from said Bank , as evidence there- of, its Regular Savings Passbook, and that all subject deposits will earn interest at the Bank' s prevailing interest rate. RESOLVED further, that: the * tle Onl.y) Treasurer or President or Vice President Title Only) General Manager or Asst. General Manacer the Dis�rict Clerk or Title Only) - of C-f said accoun as .L and authorized to withdraw funds from this een t/ authorized by Ordinance 79-2. RE- SOLVED - further, that the funds of this -eej-p&ratgin deposited in United California Bank shall be subject to the bylaws, rules, regulations, and practices of the Bank in force from time to time and subject to any and all service charges now or hereafter established by said Bank, that each of said officers shall be and is hereby author' ed 01 endorse checks, drafts, and other orders for and on behalf of this for deposit -G--4;- or, if such orders, checks or drafts are presented unendorsed for deposit to this account said Bank is authorized to supply the required endorse- ment. This -- --- agrees that all sums at any time in this account shall be subject to Right of Offset for liabilities of this corporation to said Bank. RESOLVED - further, said officers are authorized from time to time to make withdrawals from the account and any checks, drafts, or other orders issued by said Bank in payment of funds on deposit therein may be delivered by said Bank to such officers or any of them. R I ESOLVED - further, that the authority conferred hereby shall extend and apply to any and all existing Regular Savings Accounts for Local Public Agencies as well as all Regular Savings Accounts for Local Public Agencies hereafter accepted by United California Bank and that said Bank shall have the right to change the rate of interest with or without written notice and to limit the amount that may be on deposit at any one time. I certify that the foregoing is a full , -true, and correct copy of resolu- tion duly adopted by the Board of Directors of the , '_-1 g ___ - . , whose name appears below, at a meeting of said Board legally and regularly held on January 28 19 81 , a quorum being present and acting, and that said resolution s not been amended or rescinded and is now in full force and in effect; and that the signatures appearing on the attached card are the signatures of the persons who ane authorized by said resolution to sign for and on behalf of said -e�_ Tl WITNESS ItEREOF, I have hereunto set my hand and the seal of said eee on 19 Signature District Clerk Midpeninsula Regional Open Space District Supersedes Resolution No. 80-6 pjsr2i fry RESOLUTI6N NO. 81- V . p,s tcT RE$OLVi.D thy' Ian:fs UI ,i::5 r_----•:ram: aep(.,r;r. r. .AUK,-.'- .. ect fu rr,e b,. lows,rules, replahons and practices of tLe Ba,,4 in force irom frme to time cr c any and a service chorgei now of hereafter ester`,';tied,and fhat bt r t - y 'F r c•..-r . at•r_n,<.rV ala.tper I. r iCv 4s'1Ct{KG >"r'-�-• - c f, and or b. .f c tru; ''ST�t C_T.: i ^',r u ots r �c to honor pr..l f,:y a•.iu.,... r•., ct .. cl:c . ., ,.. : " endorsed in a:cot J.nce•h r $ i, ,c {:: a ( ie T' require) c-.r r•,, _- _ RIGHT Ott OFF S`_f Ifor hob:ht,-;;.f r',,,, is r'_k:T demand t,,c amount of;r,; O`,Ei,) tc _,sn,d RESOLVED l lit tk,,tho'13a4 i; L!MAIL pfi sr•a!rmer!;end vovche:s to s..-• last a�f;lr..ss on e. . .pith P.;;nk. ❑HOLD all s'otements and voucher,Vntil cr.Ped for if not fo- within 30 day>, Bank is authorized to mcod s'otemen% oIATPc T All rrsponsibil:ty for loss rn moil or Intrpnyif IS ass.amd b,ti:;nw >--n HEREnY CERTIFY that tf,e oboe Eesolutiorn is a f:I!,true c:nd correct copy<,f p F•.:o!vt,c,n ;i_ adopted hr Berard of Directors of Midpeninsula RegionA Open._ Spam District_____._-- at o meeting of said Board regularly held on janpary_. signatures appearing on thy reverse hereof ore the se;:.^'r?s of the per ons duty nuti:•ized to�,gr, behalf of said ev,_.. + in occorcio:,ce with the abo: Reso!ulion. WITNESS my hand and the sea!of said D15qr'Kr r!Ga, i ----- ------ ---- -- -- ---- (SEA[) District Clerk Supersedes Resolution 80-6 Midpeninsula Regional_ Cpen Space District _ ---� I Richard S. Bishop Daniel G. Wendin - Barbara Green Herbert Grench _ _ cjm• ---- L. Craig Britton Jean H. Fiddes Public agency concerned with the .acquisition & preservation of land. (415) 965-4717 . 375 Distel Circle, D-1 Los Altos, CA 94022 same as above Wells Fargo, CastroSt. Branch-Mt. View BANK USE ONLY I �'fsr 1GT RESOIJJTj0LL] 81 piSTPfcT ,T RESOLVED that fun.i�of this evr^m-*be deposrte:i:r UN-';_) +'IFQ�':::, :'•f.•..,5,:.,e_'•o the::r- luws, rp1Ys reguta''rs and procr+ces of the Bonk in fort:- f-o�, •. e m trmt c. s-_ ec'r. vny and oil service.chirges now or hereafter es•abt,shed,and that _ Te.r<7- be and tt�i,cue S> a th i o sear-check% dr h>or o-tit• o:d..;for ' c'---r tze In �tcltvKi C �9' tMrrr,on: c ,: c ,n an:.n ,n. :.t (!Ut•,on.e 1 �E 7',. •'ch;•c,c ara , i s fo• Q15 .,fG( r 1 and on bahu-'f urnit'. .� " cshmcnt o •.sa ands p to honor c-;d pair on account of It-is;- ieKr any and:. drofa o - in:'J and or endorse:i w ,r.c:,rdance herc-!; :r .r ;r.senred u'•vnc!)-s-': _ cde,ovt!:-^.is c.c suppir ri+e required !:,rsemt•nt. This JT�G : :•c tF:rt all s'ul> .:r nn.e in th.s o-.:. sigh oe sub--C:h RIGHT OF OFFSET for f,ab,ht,es of th,s a to sc: :1 r :-,nd agrees f poY s:::d Re,a rn demand i c:^.o,r-!of any OVF)n-*r rS on sa J ccc o.^t. RESOLVED f:-::r,c1r,;i:r Ronk is c ',aic_:!ro Ly MAIL c!.s'_•,,.'ices cnd vo :fie:s ra th:: I:::t add•:ss'x f.1-' HOLD oli stare•in:;nh and vouchers unt•1 rr;iled for It not ggnk is a�thori:..-J!:� n;l s•i:'-•<,,. . All reSpo,a..!,I,.y f,. ,ass mn to a cr ,, t s as,.n•...t G'1`T IGr f';.='crsV Cr'1TIEV I;_1t ti•:..:: ... c.y,.!.' L.._ :i.:f ado,•,-•d h, ;'^ `.:gild of Dl ar Midpeninsula Regional. Open Space Districtat a mi•e''n+l of s^'d Read iegvla:if h_a.f on January 28 81. Stgnot:, :, t •• rf+e reverse f:er.•of,.re the s j, nr , ,s:, r.. .. ru _ or, vp*rn rGT beha'f of r:,i . r-r m^.cco:dar,e w,rl: • u:r .''on .pis re..x=T WITNESS rrry h:wd and the seal of se-c!C-t --ft-- _ — -- (SEAL) .lgstrict Clerk Supersedes Resoluti-an 80-7 blidpeninsula Pegional Cpen Space District Richard S. Bishop Caniel G. Wendin Barbara Green Herbert Grench - L. Craig Britton ..___... Jean H. Fiddes ------------ 375 Distel Circle, D-1 Los Altos, CA 94022 . same as above !wells Fargo, Castro St. Branch-Mt. View BANK USE ONLY _ � -. .. - ---- �_. _- .. .. _ -.ate-•ct r.--� :., _ i . DD151 R SIGNATURES - -IACGDUT. ^----- REQUIRED E `i oU 1 R ED BONDER SIGNATURE -.-- � SIGNATURE SIGNATURE SIGNATURE SIGNATURE SIGNATURE ACCOUNT TITLE (TYPEWRITE) oc-100 6-76L UNITED CALIFORNIA BANK - CHECK GUIDE INSERT SAFE DEPOSIT BOX CONTRACT . cATE rEt. sD e x t.",3E� 1 CORPORATION l NAME OF iii-"' PTi3r-r -"x6,zvcYY R``` Midpeninsula Regional Open Space District c1-, ZIP CODE rr.:.��•,: STREET ADDRESS (415) 375 Di.stel Circle, D-1 Ins Altos, CA 94022 965-47 RESOLVED,that a safe deposit bo sh 11 rentAd 'n naN Ca'F pia B c rdance yvith�'a terms and conditions prescribed by said Bonk,and thotrcu �` fie� �n be and they ore(he is) hereby authorized to sign the Bank's regular form of contract on behalf of this corporation. IAs Altos FURTHER RESOLVED that access to said safe deposit box No.— --. •in — OFFICE,United California Bar.' :hull be to an one of the following,jointly. I SIGNATURE TYPE NA"AES a _ S. Bishop I President Barbara Green 2 Treasurer Herbert Grench I 3 General loner L. Craig Britton 4Assistant General_Manaaer -- Jean H. Ficlds - 5 Administrative Ass.istan --- --- Di:strrctr-C -e/tb FURTHER RESOLVED that the same persons,acting in the some mcwner,sholl hove authority to sign the Bank's release on behalf of this. *r.mot.;. should this box be surrendered. �I-:sf t�tGT I hereby certify that The above is o full, true and correct copy of a resolution duly adopled by the Board of Directors of Midpeninsula Keg. - Open Space-_ .__.at a meeting of said Board,regularly heldor,__Jc`3nu11Ly__28.._._, Dis Erect 19.81—,and that the signatures appeurin3 above are the signatures of the persons duly authorized to sign on beholf of said Corporation in accordance with the above resolution. WITNESS my hand and the seal of said c.9syoroslau.Dt:3 i/,1Gr ---- �--- Supersedes Resolution No. .80-8 Districf_�TIerk I/we agree to notify you of the death of any person having the right of access to said box before seeking access after the death of such other person. The undersigned hereby rents the above.numbered Safe Deposit Box subject to terms and conditions printed on the reverse hereof and an the reverse of the current and any subsequent rental receipt issued to the undersigned, to which ti,e undersigned agrees. Receipt of a copy of the current rental receipt and of two keys to said Safe Deposit Box is hereby acknowledged. The Bank Xis not authorized to charge the company checking account No. rent on said safe deposit box,when due. .tonal n pc _ _—_.__._ C•��6a 1. Mi.dpenin'sula Reg----.--- Open Sae District __A __•_l __. BY_ — -------- - —---(MLE) BY ----- ----_------- — tnrLEt - --- prTEC ---- _ SURRENDER O;SAFE DEPOSIT BOX NO.--.----------- -DisTE_.-�--- ------ --- -- I/we hereby certify that all property placed in the above numbered safe deposit box has been dvly and lawfully withdrawn therefrom;all liability of United California Bank Therefor is hereby released and discharged. BY. - -------- --- --._� SUI19 11.76L --OBTAIN SIGNATURE(S):N REVERSE TERMS AND CONDITIONS OF RENTING A SAFE DEPOSIT BOX i. THIS PARAGRAPH LIMITS THE BANK'S LIABILITY. BANK IS A BAILEE FOR HIRE AND iS OBLIGATED ONLY TO USE ORDINARY CARE IN PREVENTING THE OPENING OF SAFE DEPOSIT BOX BY ANY UNAUTHORIZED PERSON,A`ID j IT IS EXPRESSLY AGREED THAT THE BANK SHALL BE UNDER NO FURTHER LIABILITY TO RENTER WITH RESPECT THERETO.THE OPENING OF A BOX BYANY UNAUTHORIZED PERSON STALL NOT BE PRESUi1ED FROM THE LOSS OF ANY PROPERTY ALLEGEDLY DEPOSITED IN THE BOX.IF INSURANCE PROTECTION IS DESIRED ON THE CONTENTS OF THE BOX,It IS SUGGESTED THAT THE RENTER CONTACT AN INSURANCE COMPANY. 2. The Renter or any other person duty authorized by Renter or by Icrv',such as a tegol representative of the renter), upon presentation of proper identification and upon establishment of right of access to Bonk's satisfaction,shall have access to the box in the Bank's v"ufrs during Bank's business hours established from time to time,subject to the terms and cond,;ons contnined herein. 3. The Renter shall not use the box nor permit the box to be used for the deposit of any liquid or property of an explosive,dongerous or offensive nature,or any property the possession of which is prohibited by low or public regulution or which may become a nuisance to the Bank or to any of its renters.If the Bank has reason to bel;eve tl,ot the Renter has deposited or permitted to be deposited within the box any item proscribed in the preceding sentence,the Bonk sho!I then have the right without prior notice to the Renter to forcibly open the box and remove and inventory the contents. hr the event of the death of on,,,person having access to the box,the surviving persa,}or persons also ertiviec"to access shall notify the Bork immediately of such death,and,thencefprth,access to the Lox shall ar,IT g-,ot;c,.ved pursuant to the tows,rules,and regulations relating to inheritance anti succession taxes. 5. The Renter,or proper agents or representatives,will not be permitted to enter the vuutt,unless in the presence of a Bank employee.The Bank may refuse to permit more than two persons to enter the vault at any or.e-time,'and may refuse to allow such per>o:Is to remain in the:vault longer than is necessary for opening or closing tF.e box,a d may require such persons to carry their boxes to rooms or desks provided outside. 6 If by any act of,or process against,the Renter,one or more co-renters,or other person entitled to occess•the Bonk is forbidden to ollow tht box %, be opened,then access to th> Lox may be prew r,tt-rl by Bonk until such oci or process is annullod. 7. The Bank reserve°,`re right to terminate the renting and possession of a box at any time or to odiwo the r v,ntol-ote of the-expiration of arty term,upon its notice mailed to the ac?dre-�s of,or otherwise delivered to,the feat;}r,to'nis authorized agent,ar to any legal repr sentotive. Renter may terminate this ogreenwn.t W any time,upon wr:lten notice to Bonk,witho— right of r,2fund. 8. All rentals are payabtr in advance.In the event the rent is delinquent,the Bank may refuse access to the box until the overdue rent is poic!, iF t},e R:-wt r of the box of the expirraiun of any term or up=t,T tn;,enrl7er ierrn:r,taior=cis above provided shall not renew such renting and shell fail to give up possession of the box,the Bank shall have the right to Forcibly open the box of such Renter and to remove and dispose of the contents thereof ut the time and in the manner prescr-b,—J by low, 9. The, Renter will surrender the box at the expiration of the term,or uptin any earlier termination then.-of,in as goof order as when rented,reasonable use tFereof only excepted,and pay upon demand to the Bank the expense of making all repoirs as may be rendered necessary by the Renter's own,or his agent's act or neglect,inch;z!:ng cost of lost keys and forcing I--if necessary.IF one or both S.cys are lost,irnmcdiate notice 5'wId be giver:ra-'Fe Ban. Ry signing below,the Renter acknow;v cfges having rend these terms and conditions and having receiver! a copy Tt,ereo#,and hereby be bound by these terms and corrht;ons,a,d any subsac,,=ant amendments t.,ereto ar. set forth in the rental receipt covering said box. ~�~T SIGIN.4111J4E SIGNATURE~ SIGNATJRE SIGNATURE SIGNATURE SIGNATURE "y S.GNAT UR= _ SIGNATURE RESOWTION NO. 81- RESOLUTION AUTHORIZING SIGNING AND ENDORSING CHECKS AND OTHER INSTRUMEN'rs Rr.SOLVFD. that WELL FARGO BANK, N.A. be, and it is hereby selected as a Depositary of the funds of this Organization,and that—i�r—(�§ident and St of---of this Or L TITLE TIT LA he and they are authorized to establish such account,and that checks or drafts withtvawi Mid funds may be signed as authorizea in ordinance No. �L copy of which is on 4INDICATE NUMBER REQUiRF Ci) file with We-lls Fargo. NAME TITLE PLEASE I. Richard -S. Bishop President T YPL Daniel G. Wendin Vice President 2. OR PRINT 3. Barbara Green Treasurer NAMES 4. Herbert Grendi General Manager AND 5. L. Crc-dg Britton Asst. General Manager TITLES District-Elerk— FURTHER RESOLVED,that WELUS FARGO BANK,N.A. is authorized to honor and pay any and all checks and drafts of this Organization signed es provided herein, whether or not payable to the person or personi,signing them,and that checks, drafts, bills of exchange, and other evidences of indebtedne&s may be endorsed for deposit to the account of thi,, Organization by any of the foregoing or by any other employee or agent of this Organization,and may be endorsed in writing or by stamp and with or without the designation of the person sc,endorsing. FURTHER RESOLVED, that the authority hereby conferr?d shall remain in force until written notice o!the revocation thereof by the Board of this Oranizition shall have been received by said depositary at the office at which the account is kept.and that the certification of the secretary or an assistant secretary is to the continuing authority of this resolution and the persons authorized to sign and their signatures,shall be binding upon this Organization. I HEREBY certify that the foregoing is a true and correct copy of a resolution adopted by the governing Board of this organization at a meeting of said Board regularly held on the—Za—day of JanU r�r19 81 and that said resolution is still in full force and effect. I FURTHER certify that the signatures appearing on the reverse side of this card are the signatures of the persons authorized to sign for and on behalf of this organization. WITNESS my hand and the seal of this organization this____28 nj�ar day of 1981 This Resolution supersedes Res. 80-9 SEAL SECRETARY Midpeninsula Regional Cpen Space District NAME OF ORGANIZATION (FOR LODGE Oil ASSL)CIA1 ION ONLY) WE CERTIFY TO THE CORRECTNESS OF THE FOREGOING INFORMATION. RETIRING OFFICER TITLE RETIRING OF FICE A TITLE OA 3-(7-76) 05566 0 , t Midpeninsula Regional Open ace District. a_�ublic ggency CORPORATION: 0 LODGE. E] ASS(MATIOV by its duty w_thorized officers, hereby esrib:t ihrs a COMMERCIAL sA\',tics acauunt with WELLS FARGO BANE, N.A. ("Funk") and it is agree,! that sarj account and all deposits and withdrawals male in connection therewith shall be- subject to a;fphcable state and fedrrt) banking laws and regulations, to flank's By-Laws and all present and future amendments thereto, and to all rrgutativns, rules and practices now or hereafter adopted by Bank with respect thereto. Bank is hereby authorized to: rx L__J MAIL all statements, notices and vouchers to the address of the undersigned shown on Bank's records HOLD said statements, notices and vouchers until called for by the undersigned, provided that if they are not called for within 6u days after the availability thereof Bank may,at its optiuii, mail or deliver there to the adlrrss of the undersigned shown oil Itank's records. Bank is hereby released from any claim,dernand or liability arising out of the loss or non-rcccipt of any statcv.vnt,nu-1:e or voucher Ei:ailed or delivered as herein authorized. Depositor agrees to examine carefully all statcment., r...t:.es, or vouchers. and to notify Bank of any errors or irregularities promptly.and in any event within 14 days after said statements, notices, or vuuchers have been made available to depusitur. 11 BY..._.—.._._........... _,_-_.—.� __—_. ANO _- pDR12ED SIGTfATVRE AND r{TE[ (�T+,CT1T1T]1 T1Z 2'T,fOR12ED 5tS%AY VRE AND tiTLE ADDRESS 375 Distel Circle,_D-1_—� CITY W; Ta-tosj--CA — (415) 965-4717 J ' 94022 TELEPHONE -.—_ Z i P CODE Public Agency 94-2231873 BUSINESS� TAX I.D.NO.._.-._.___.___.�_____�___� � BANK REFERENCE I NAn,K VSE ONLY) Q �7 MASTERCHAF43C i�.ie RCHANT ACCOUNT WITH US SINCE 19/2_..—________ ❑TAK DEPOSITARY SERVICE OPENED BY� DATE---_-.---„-AMOUNT__ __APPROVFD BY___,_--..__�_-_.._—.___._._. DATE CL.OSED___._____-__.--_.-...AVERAGE BALANCE,-___---REASON ...-___-_....._ Midpeninsula Regional Open Space District ACCT.257-026013 (TITLE OE' ACCOUK'r) AUTIIURI%ED SIGNA7 URFS TITLE I t President ---—— - --- -- ----- _-Vce-President --- Treasurer_ , i _MarL�ge�_— , I �_�__.—_-- __-- Assistant ceneral�Manag� F — --- - --- --___ _ f District Clerk-- -- M-81-10 (Meeting 81-2 January 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 19, 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Changes in the District' s Rules of Procedure Introduction: At your meeting of January 14 , 1981, you directed staff to draft appropriate changes in the District' s Rules of Pro- cedure in order to incorporate the January deadline for the filing of Disclosure Statements. At the time, I also indicated there were some additional changes in the District' s Rules of Procedure which the Board could address. Discussion: The proposed changes and reason for each change are outlined below and are shown in italics on the attached copy of the current Rules of Procedure. These proposals have been reviewed by Legal Counsel who can speak to the legal questions. Section Proposed Change Reason 1. 10 Change "cancelled and/or rescheduled" Reworded for more to "rescheduled or cancelled" clarity. 1. 12 Change "personnally" to "personally" Incorrect spelling. 1. 14 Change "executive" to "closed" Wording change is to correspond with a re- quirement of Senator Keene 's bill, SB 1850 , regarding open meeting laws governing Public agencies. 1. 30 Change "Saturday" to "Monday" Varying speed of mail delivery in the area, make it impossible to guarantee that material , mailed on Friday, will be delivered by 7 :00 P.M. Saturday. 1. 40 Change "Executive" to "Closed" See, Sec. 1.14 reason above. 1. 44 delete " ,by consensus" See Sec. 1. 70 reason below. M-81-10 Page Two Section Proposed Change Reason 1. 45 Add "Unless otherwise waived by the This five minute time presiding member of the Board, the limit has been intro- presentations of speakers under this duced in order to en- section shall be limited to five courage concise oral minutes. " at the end of the section. communications to the Board. 1. 47 No change is being proposed at this time, but changes could occur, which affect the types of items considered under the heading of Public Hearings, after the Public Notification Pro- cedures Committee meets. 1. 49 Delete the last sentence and substi- Since it is occasional- tute "Action by the Board on the items ly necessary for the in this category is ordinarily not Board to take action on expected, but the Board is not pre- an item falling under vented from taking action on the sub- "No Action Requested" , ject of the item. " the Rules of Procedure should indicate that such action can occur. 1. 51 Add " , although the Board is not The reason for this prevented from taking action on the change coincides with subject of the item. " to the end of the reason for the the sentence. change to Section 1. 49 outlined above. 1. 52 Add the sentence "No action is Since it is occasional- expected but could occur at a Regular ly necessary for the Meeting with a majority vote of the Board to take action Board pursuant to Section 1. 30 herein. " on an item introduced at the end of the section. under informational reports, this change would allow such action to occur, pursuant to the procedure outlined in Section 1. 30. 1. 70 Delete the first sentence of the The Public Resources second paragraph and substitute Code Section 5547 states "Action of the Board of Directors that "the board of shall be taken by ordinance, reso- directors shall act lution, or a motion duly recorded in only by ordinance, res- the minutes of the meeting. " olution, or a motion duly recorded in the minutes of a meeting. " This language does not explicitly allow for action by consensus. M-81-10 Page Three Section 'Proposed Change Reaso,n, 1. 90 Change "will" to "shall" . Grammar preference. 2. 15 Insert a new section titled "Annual This section has been Disclosure Statements" which states : proposed pursuant to a "Annua _M'sc osure statements re- Board directive made quired by the Fair Political Practices at the January 14 , 1981 Commission shall be provided by the regular meeting. District Clerk by January 15 and returned to the Clerk by January 31. 1" 2. 30 Amend the first paragraph of Section Changes in the Public 2. 30 to read: "Members of the Board Resources Code language shall receive fifty dollars ($50.00) allow for counting for each attendance at public Board meetings continued to meetings or public Board meetings another day. All meet- continued to another day. They shall ings for which Direc- not receive any other compensation, tors receive compen- and a Director shall not receive pay sation must be public. for more than two such meeting days Legal Counsel advises in any one calendar month. " me that the Board may elect to allow its members to apply a portion of their com- pensation to medical or dental benefits. 2. 50 Delete " (Wells Fargo) it The District' s safe deposit box is not at Wells Fargo, and it is unnecessary to describe the location of the safe deposit box (or checking accounts) in the Rules of Procedure. Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors Revising Rules of Procedure. If, however, you feel that there are certain changes that require additional attention, I recommend that those specific changes be referred to the Legislative Committee for review before being reconsidered by the full Board and that you adopt the outlined changes that meet your approval at this time. RESOLUTION NO. IIl- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REVISING RULES OF PROCEDURE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve to adopt the Rules of Procedure of the Midpeninsula Regional Open Space District affixed hereto and by reference made a part hereof, as revised therein. Proposed changes, a - ions, and deletions to the Ru' of Procedure are indicated in italic nt in the following sections. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Rules of Procedure 1 Section 1. 10 Regular Meetings.2 Regular meetings of the Board of Directors of the Midpeninsula Regional Open Space District shall be held on the second and fourth Wed- nesdays of each month at the hour of 7 : 30 P.M. Meet- ings shall be held at such place or places within the District as shall be determined by the Board of Directors. 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. Public notice of the place, date, and time of meeting shall be announced at least 48 hours prior to the regular meeting time. If a regu- larly scheduled meeting occurs on a holiday, the regu- lar meeting must be eafteelled an(4,zer- rescheduled or cancelled. 1. 12 Special Meetings . Special meetings may be called at any time by the President or at the request of a majority of the members of the Board. Written notice of such -meeting personally shall be delivered pew= or by mail to each member and to each local. newspaper of general circulation at least 24 hours before the time specified for the proposed meeting, provided that the failure to receive notice shall not effect the validity of any action taken at the meet- ing. The notice shall specify the time and place of the special meeting and the business to be transacted, which shall be determined by the Board or by the General 14anager in consultation with the President. No other business shall be considered at the meeting. 1. 14 Meeting 3 _� to 1.)e Public. All meetings of the Board of Directors shall be public, provided the Board may hold closed sessions from which the public may be ex- cluded for the consideration of the following subjects - 1. appointment, employment or dismissal of a public officer, employee or agent, or to hear complaints or charges brought against such officer or employee by another public officer, person or employee. 1. Rules of Procedure required by Public Resources Code, Division 5, Chapter 3, Article 3, section 5536 . 2. Public Resources Code section 5535 . 3. Public Resources Code section 5535. Section 1. 14 2. pro-,.)osed or pending litigation 3. contract negotiations 4 . ratters enbraced within the attorney-client privilege 5. any other matters exempted b*,,, law 1. 16 Quorum.4 At any meeting of the Board a majority of the Directors shall constitute a quorum for the transaction of business. 1.1hen there is no quorum the President, or Vice President, or the District Clerk, or any other member of the Board of Directors , shall adjourn such meeting. 1.18 Smoking. It shall be unlawful for any person to smoke at any time at the meetings of the Board of Directors. 1. 20 Legislative Body. 5 The Board orL Directors is the legis- lative body of the District and shall determine all questions of policy. 1. 22 Board of Directors; Election of Officers. 6 At the first regular meeting in January of each year be-ginning in 1974 , the Board of Directors shall choose one of its -her Vice-President, who shall members President, and another J_ act for the President in his/her absence or disabilit"JI. The Board shall choose one o-.rL- its members to serve as board secretary and another to serve as treasurer. Each office shall be voted on separately. Elections shall be by secret ballot. The candidate receiving a majority of the vote of the members of the Board shall be elected. 1. 24 Duties of the Presiding Officer. 7 The President, or in his/her absence, the vice-President, shall be the presiding officer of the Board and shall assume his/her place and duties as such immediately following his/her election. The presiding o_fficer shall preserve order at all meetings of the Board, announce its clecisions on all subjects, and decide all questions or order, subject to an appeal to the Board. S/he shall partici- pate in debate, make motions, and vote on all questions as other members of the Board. 4. Public Resources Code section 5535 . 5. Public Resources Code section 5537 . -6. Public Resources Code section 5535. 7 . Public Resources Code section 5543. Section 1. 24 The President shall sign all ordinances, resolutions, contracts and conveyances on behalf of the District after they have been approved by the Board, and s/he shall perform such other duties as mmay be imposed upon him/her by the Board. in the absence of the President, or in the event of .his/her inability to act, the Vice-President shall perform all the powers and duties of the President. If both the President and Vice-President are absent or unable to act, the Board may select a president pro tempore who shall perform all the powers and duties of the President. 1.26 Rules of Procedure. Roberts Rules of Order shall be followed as interpreted by the presiding officer, sub- ject to an appeal to the Board. 1.28 Board Secretary.8 Unless otherwise directed by the Board, the Board secretary shall countersign all ordi- nances, resolutions, contracts and conveyances on be- half of the District. 1.30 Agenda. All reports, ordinances, resolutions and other matters intended to be considered by the Board at its regular -meeting shall be delivered to the District Clerk not later than 5:00 P.1,11. on the preceding Wednesday for material requiring typing or other preparation, and not later than 5:00 P.M. on the preceding Thursday for material requiring reproduction only. Any Board member or Board appointed staff mermber may place a matter on the agenda for Board consideration. The District Clerk shall prepare the agenda according to the order of business as determined by the General Manager. A copy of the agenda and of all available supporting materials shall be delivered or mailed to each Board member so as to reach the recipient by Monday 7: 00 P.M. on the Sattrrday ,preceding each regular Board meeting. Supplementary materials may be received by the District Clerk after that time, provided the matter refers to an already agendized item. Agendas will be available with no charge upon request to public officials, newspapers in the District, and members of the public at the District office by 9 : 00 8. Public Resources Code sections 5551 and 5552 . Section 1. 30 A.M. On the Monday preceding the regular meeting. Agendas will be posted on the door of the District office. Supporting materials (reports, memoranda, resolutions, nonconfidential written communications to the Board, and other informational materials not previously pub- lished or distributed) may be obtained upon request by public agencies, newspapers in the District, and members of the public at the District office by 9 :00 A.M. on the Monday preceding the regular meeting, and 24 hours before a special meeting. Absent extraordi- nary circumstances, communications to the Board from members of the public shall be deemed nonconfidential. A memorandum from the General Manager explaining the justification for this decision "14ot to distribute materials to members of the public" shall accompany the written communications when sent to the Board. There will be no charge for the materials if available; otherwise, the cost of reproduction will be charged. No matters other than those on the prepared agenda shall be finally acted upon by the Board, provided that matters deemed to be of an urgent nature by a majority of the Board, with an explanation stated as to the urgency, may be acted upon. 1. 32 Subscription to Agendas. I-lembers of the public may subscribe for receiving agendas of regular and special Board meetings on an annual basis. Charges for public subscription will be adopted by the Board from time to time. 1.40 Order of Business. The order of business shall be determined by the General Manager for the purpose of preparing meeting agendas, using the lEollowing fornat unless in the General Manager' s opinion a different order would be more appropriate: 1. Roll call 2. Approval of minutes 3. Written communications 4 . Adoption of agenda 5. Oral communications 6. Special orders of the day 7. Public hearings S. Old business with action requested 9. Old business with no action requested 10. New business with action requested 11. 14ew business with no action requested section 1. 40 12 . Informational reports 13. Claims Closed 14. Exeeutive session 13. Adjournment The order of business as set forth in the meeting agenda shall not be departed from except by consent of the majority of the Board. 1. 41 Roll Call. Before proceeding with the business of the Board, the District Cler'!r-I shall call the roll of the Board of Directors, and the names of those present shall lDe entered in tlio niinutes. 1. 42 kpproval of Minutes of Previous Meeting. Unless the .reading of the minutes of a Board meeting is requested by a majority of the Board, such minutes may be approved without reading, provided that the District Clerk has previously furnished each member of the Board with a copy. 1.43 Written Communications. The District Clerk is authori- zed to receive and open all mail addressed to the Board of Directors from members of the public. Any such written communication addressed to the Board shall be reproduced and distributed in the next regular mailing to the Board members and to members of the press who have requested supporting materials (see Section 1. 30) . Draft replies to written communications which have not been considered by the Board may be submitted with the written communication, provided such draft replies are labelled as follows : "Draft Response Prepared by Staff. " Any member of the Board may place such written communication on the agenda for consideration by the Board. Taxpayers and residents of the District, or their authorized legal representative, or other persons , may read written communications into the District ' s records at a regular meeting and offer explanations of any such document. Written communications re- ceived at a regular Board meeting shall be repro- duced and distributed to absent Board members and to members of the press who have requested supporting materials no later than the next regular mailing to the Board. Written communications which are dis- tributed to the Board at a time other than a regular nailing shall be distributed to members of the press who have requested supporting materials within two working days of when they are sent to the Board. Section 1.44 Adoption of Agenda. The Board shall determine the order of business to be considered at regular meetings and shall adopt the agenda, with additions or dele- tions, es. Written communications and other special items may be added to the agenda at this time provided that any action be taken pursuant to Section 1. 30. 1. 45 Oral Communications. Taxpayers or residents of the District or their authorized legal representative, or other persons, may address the Board under the cate- gory Oral Communications during regular meetings on any matter concerning the affairs of the District. Such persons shall indicate in writing their name, ad- dress and subject on a form to be provided by the District, and will be recognized by the presiding officer of the Board at an appropriate time. UnZess waived by the presiding member of the Board, the presentations of speakers under this section shall be limited to five minutes. 1.46 Special orders. of the Day. Any Board member or Board appointed staff member may schedule special presenta- tions, introductions or other activities deemed ap- propriate to this category, which shall be placed on the agenda by the District Clerk. 1.47 Public Hearings. Any matter which, in the opinion of the Board of Directors, requires notice to and response by members of the public may be placed on the agenda under this category. 1. 48 Old Business with Action Reque sted. These are business u I_ items previously considered by the Board which require transmission of additional information to the Board. Action in the form of a resolution, motion or direc- tion to staff on the items in this category is requested. 1.49 Old Business With No Action Requested. These are busi- ness items previously considered by the Board which re- quire transmission of additional information to the Board. e _ by the BqaEd on the Gategg4y is ggqlaostod Action by the Board on the items in this cate- gory is ordinarily not expected, but the Board is not prevented from taking action on the subject of the item. 1. 50 New Business With Action Requested. These are busi- ness Hems not previously. considered by the Board and for which action by the Board in the form of a reso- lution, motion or direction to staff is requested. 1. 51 New Business With No 'Act-ion Requested. These are business items not previously considered by the Board and for which no action by the Board is being reauested, although the Board is. not prevented from taking action on the subject of the item. Section 1. 52 Informational Reports. Informational, short reports by Board and staff members on items of interest to the District may be given under this category. No action is expected but could occur at a Regular Meeting with a majority vote of 9 the Board pursuant to Section 1 . 30 herein. 1. 53 Claims'. No claims against the District shall be paid unless the same shall be first approved by a majority of the Board at a meeting thereof. Payment of em- ployees' salaries and fringe benefits and other recur- ring claims may be authorized by the Board on an annual basis. 1.54 Unfinished Business. When a regular meeting is ad- journed before the completion of the agenda, all unfin- ished items will be listed under Old Business With Action Requested or Old Business With No Action Re- quested on the next regular Board meeting agenda, at the discretion of the General Manager or unless other- wise designated by a majority of the Board. . 1.60 Minutes. Minutes of Board meetings shall be kept by the District Clerk. The District Clerk shall make a record together with sense minutes of such business as was actually passed upon by a vote of the Directors. A record shall be made of the names and addresses of persons addressing the Board, the subject matter to which their remarks related and whether they spoke in support or in opposition to such. matter. The District Clerk shall prepare and cause a copy of the minutes to be forwarded to each Board member in the next regular mailing or as soon thereafter as possible. Minutes of meetings shall be available with no charge upon request to public officials, newspapers within the District, and members of the public at the District offices as soon as available following the meeting. 1. 62 Subscription to Minutes. Members of the public may subscribe to receive minutes of regular and special Board meetings on an annual basis. Charges for public subscription will be adopted by the Board from time to time. 1. 70 Board Action. A majority vote of all of the members of the Board shall be sufficient for the taking of Board action or the conduct of business except where action is required to be taken by "four-fifths of the 9. Public ResourcesCode section 5553. Section 1. 70 members of the District Board" or "a two-thirds vote of the Board" or language of similar import.10 Action of the Board of Directors shall be taken by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. Al! -le-cr !at J ve -4- ef the Beard ef Direeters shall be___tak-e� ordlinAnee er reGglUt4en. The ayes and nos shall be taken upon the passage of all ordinances, resolutions or motions and entered into the minutes of the Board. An ordinance or resolution shall not be passed or be- come effective without the affirmative vote of at least a majority of the members of the Board. The enacting clause of all ordinances passed by the Board shall be in these words: "Be it ordained by the Board of Directors of the Midpeninsula Regional Open Space District. " All ordinances and resolutions shall be signed by the President of the Board and attested by the Board Sec- retary, and all ordinances shall be published once within thirty (30) days after adoption in a newspaper of general circulation printed, published and circulated in the District. 1. 80 Committees of the Board. Upon passage of motion by a majority of Board members, special or standing committees composed of Board members may be estab- lished for the study of specific matters. Upon estab- lishment of such a committee, the presiding officer of the Board may appoint the committee members with the consent of the Board. 1. 82 Budget Committee. The Budget committee shall be a standing commi—ttee, composed of three Board members appointed at the regular meeting following the meeting at which officers of the Board are elected. The Treasurer shall be one of the three members of the Budget committee. 1. 84 Legislative Committee. The Legislative committee shall be a standing committee composed of three Board members appointed at the first regular meeting following the meeting at which officers of the Board are elected. 10. Public Resources Code sections 5547, 5544 . 2 and 5540 as amended. Section 1. 90 Public Rc rds. All public records the District shall be open to public inspection during District office hours: Monday through Friday from 9 : 00 A.M. - 12:00 Noon and 1:00 P.M. - 5:00 P.M. , holidays excepted. Holidays are the same as those on which the offices of Santa Clara County are closed. The afternoon of December 24 of each year is hereby also designated a holiday on which the offices of the District +A-14- be shall closed. 2.10 Candidates' Packets. Informational packets shall be distributed at no charge prior to elections to candi- dates who have filed for Directors' seats. 2. 15 Annual Disclosure Statements. Annual disclosure statements requiredby-the Fair Political Practices Commission shall be provided by the District Clerk by January 15 and re- turned to the Clerk by January 31 . 2. 20 Fees Charged for Special Mailin5.s. Reasonable fees may be charged by the General Manager for reproduc- . ing and mailing materials on special projects. 2. 30 Compensation of Directors and Payment of Expenses. ll Members of -the B YI slal -1ear-%A 1. 1 11711 i:ftemberss ef the Bear-9 sh-, C'-3'7 4- )FeeE Ive Y­ 59 fer eaGh atte 4- shall reeeive any etheE eempensatien, and a D J r ee t-e r 4­­ ,'all not reeetve pay ler any nqEe any ene ealendai= menth. Members of the Board shall receive fifty dollars ($50. 00) for each attendance at public Board meetings or public Board meetings continued to another day. They shall not receive any other compensation, and a Director shall not receive pay for more than two such meeting days in any one calendar month. Members of the Board may be allowed actual necessary traveling and incidential expenses incurred in the per- formance of official business of the District as approved by the Board. 2 .40 Financial instrument Signatories . (a) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional Open Space District in amounts less than $50,000 shall be those of any two of the following six officers : (i) the President, (ii) the Vice President, (iii) the Treasurer, (iv) the General manager, (v) the Assistant General Manager and (vi) the District Clerk . 11. Public Resources Code sections 5536 and 5536 . 5 . Section 2. 40 (b) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional Open Space District in amounts of $50,000 or greater shall be the following officers : (i) the Treasurer or in his/her stead the President, or in his/her stead the Vice President, (ii) the General Manager or in his/her stead the District Clerk. 2. 50 Safe Deposit Box Wells Fargo) (a) The authorized signature for entrance into the District' s safe deposit box are any of the following: President, Treasurer, General Manager, Assistant General Manager and the District Clerk. Adopted 12/10/75 Amended 1/26/77 Amended 8/17/77 Amended 4/12/78 Amended 9/27/78 Amended 10/25/78 Amended 6/13/79 Amended 11/14/79 M-81-6 IV (Meeting 81-2 January 28 , 1981) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM January 21 , 1981 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling of Special Meeting for Site Emphasis Policy Questions Discussion: At your meeting of December 10, 1980 you heard a report from the Site Emphasis Workshop Follow-up p Committee regarding "Issues and Questions from Site Emphasis and Program Evaluation Workshops" (see memorandum M-80-93 of December 2 , 1980) . You also decided to schedule a Special Meeting to discuss the issues and questions. Recommendation: I recommend that you schedule a Special Meet- ing for 7 :30 P.M. Wednesday, February 18 subject to cancellation by the President if in his judgement the regular agenda of February 11 or 25 appears to be short enough (say, no longer than a half hour) that this important special discussion can be accommodated. Another Special Meeting has been scheduled for February 4 to consider program evaluation and preliminarily to set priorities for the next fiscal year. C-81-2 January 28,1981 81-2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Description 1764 $ 68. 67 Abracadabra Brochure-Rancho San Antonio 1765 33. 55 Air Photo Co. , Inc. Windy Hill Aerial 1766 733. 00 Kathy Blackburn Contract Services-January 1767 35.13 Jim Boland Site Maintenance 1768 750. 00 CA Advocates Legislative Consultants Fee-Jan. 1769 247.60 CA Water Service Co. Utilities 1770 111. 14 Communications Research Radio Maintenance 1771 13. 50 Conservation Foundation Books 1772 95.53 Image Technology Mylars-Base Maps 1773 71.23 John Escobar Site Repair 1774 150. 00 Ferry Morse Seed Co. Site Maintenance 1775 130 ,000.00 First American Title- Purchase.-Smith Property Insurance Co. 1776 475. 00 First American Title- Preliminary Title Fee Guaranty Co. 1777 482. 94 First American Title- Closing Costs-Guadalupe Rubbish Guaranty Co. Disposal, Inc. 1778 122 .68 Graphistat Displays and Newsletter Maps 1779 1,092.00 German Travel Training and Seminars 1780 46. 39 Barbara Green Telephone, Postage, and Parking Expenses 1781 81.15 Herb Grench Out of Town Meeting 1782 15. 85 Darkroom Prints 783 19. 30 Hubbard and Johnson Field Supplies 784 99. 05 I .B.M. Office Supplies 785 19 . 15 Keeble and Shuchat Slides 11786 436 .23 Lawrence Tire Service District Vehicle Repair 1787 15. 00 League of CA Cities Subscription 788 96. 25 Los Altos Garbage Utilities 789 146 . 25 Ginny Michelson Brochure-Rancho San Antonio 790 121. 48 Minton's Field Supplies 1791 202. 16 Mobil District Vehicle Expense 792 22 . 30 Stanley Norton Meal Conference,Telephone, D 793 583. 00 Orchard Supply Hardware Field Supplies uplicating January 28, 1981 81-2 Page 2 Amount Name Doscription 1794 $ 1,201. 96 Peninsula Oil Co. District Vehicle Expense 1795 73. 32 Rancho Hardware Field Supplies 1796 60. 00 . Rogers, Vizzard and Legal .Services Tallett 1797 21.23 County of Santa Clara Affadavit of Deposits 1798 74. 53 Jean Fiddes Reimbursement-Two Room He*ate-rs .1799 68. 29 Sign of the Times Signs , 1800 277. 50 Soil and Plant Lab. Montebello-Control Burn 1801 .500. 00 U.S.. Postmaster Postage Meter 1802 14 . 28 Victor CA Shop Supplies 1803 905,000 .00 Valley Title Co. Purchase - Winship Property 1804 20.00 Valley Title Co. Preliminary Title Report 1805 29 .60 Warren, Gorham and Subscriptions Lamont, Inc. 1806 419. 87 Xerox Purchase Contract and Duplicatiii�: Expense 1807 400. 00 Mr. & Mrs.Jan Karl Deed of Trust Payment-January Kroijer 1808 46. 98 San Jose Mercury News: Ad-Secretary 1809 114 . 24 Peninsula Times Tribune Ad-Secretary 1810 162 . 84 Monta Vista Sit.e Repair 1811 5.00 Preserve Ridgel'ands Subscription Committee 181.2 83. 88 San Francisco Examiner Ad-Secretary 1813 101,654 . 48 Union Bank Maturing Note Notice 1814 39. 72 , Research Institute of Subscription America C-81-2 A January 28,1981 81-2 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S # Amount Name Description .1764 $ 68. 67 Abracadabra Brochure-Rancho San Antonio 1765 33. 55 Air Photo Co. , Inc. Windy Hill Aerial 1766 733. 00 Kathy Blackburn Contract Services-January 1767 35.13 Jim Boland Site Maintenance 1768 750.00 CA Advocates Legislative Consultants Fee-Jan. 1769 247. 60 CA Water Service Co. Utilities 1770 111. 14 Communications Research Radio Maintenance 1771 13.50 Conservation Foundation Books 1772 95.53 Image Technology Mylars-Base Maps 1773 71.23 John Escobar Site Repair 1774 150. 00 Ferry Morse Seed Co. Site Maintenance -1775 130 ,000. 00 First American Title- Purchase-Smith Property Insurance Co. 1776 475. 00 First American Title- Preliminary Title Fee Guaranty Co. 1777 482 . 94 First American Title- Closing Costs-Guadalupe Rubbish Guaranty Co. Disposal,Inc. 778 - 122. 68 Graphistat Displays and Newsletter Maps 1779 1, 092. 00 German Travel Training and Seminars 780 46. 39 Barbara Green Telephone, Postage, and Parking Expenses 781 81. 15 Herb Grench Out of Town Meeting 782 15. 85 Darkroom Prints 1783 19. 30 Hubbard and Johnson Field Supplies 784 99 . 05 I.B.M. Office Supplies 785 19 . 15 Keeble and Shuchat Slides 786 436. 23 Lawrence Tire Service District Vehicle Repair 1787 15. 00 League of CA Cities Subscription 1788 96.25 Los Altos Garbage Utilities 1789 146. 25 Ginny Michelson Brochure-Rancho San Antonio 1790 121. 48 Minton' s Field Supplies 791 202 . 16 Mobil District Vehicle Expense .792 22 . 30 Stanley Norton Meal Conference,Telephone, 1793 583. 00 Orchard Supply Hardware Field Supplies Duplicating C-81-2 January 28,1981 81-2 i Pacje 2 -Revised D Amount Name Description 1794 $ 1,201. 96 Peninsula Oil Co. District Vehicle Expense 1795 73. 32 Rancho Hardware Field Supplies 1796 60.00 . Rogers, Vizzard and Legal .Services Tallett 1797 21.23 County of Santa Clara Affadavit of Deposits 1798 74. 53 Jean Fiddes Reimbursement-Two Room H6aters -1799 68. 29 Sign of the Times Signs , 1800 277.50 Boil and Plant Lab. Montebello-Control Burn 1801 .500.00 U.S.. Postmaster Postage Meter 1802 14. 28 Victor CA Shop Supplies 1803 905,000.00 Valley Title Co. Purchase Winship Property 1804 20. 00 Valley Title Co. Preliminary Title Report 1805 29.60 Warren, Gorham and Subscriptions Lamont, Inc.. 1806 419. 87 Xerox Purchase Contract and Duplicatin-, EXpense 1807 400. 00 Mr.&' Mrs.Jan Karl Deed of Trust Payment-January Kroijer 1808 46. 98 San Jose Mercury News' Ad-Secre"tary 1809 114.24 Peninsula Times Tribune Ad-Secretary 1810, 162. 84 Monta Vista Gagdenpy i- Site Repair up 1811 5.00 Preserve Ridgelands Subscription Committee 1812 . 83.88 San Francisco Examiner Ad-Secretary 1813 101,654. 48 Union Bank Note Payment 1814 39. 72 . Research Institute of Subscription America 1815 10.60 Cal Trans Publication 'Books 1816 146. 33 Newton-Petters Office Furniture 1817 264.00 SPSU Continuing- Training and Seminars - Del Woods Education ' and Mary Gundert 1818 19 . 80 Private Vehicle Expense Bill Upson 1819 16.27 Meal Conference Charlotte MacDonald 1820 1 ,200,000 .00 Title Insurance and Purchase-Windy Hill Trust 1821 182. 92 Petty Cash Books, Private Vehicle Expense, Meal, Conference,Office Supplies , Slides, Graphics,and Postage 1822 35. 35 ' Herb Grench Out of Town Meeting *Replaces Claim #1698 , December 30,1980 for $1.,200 , 000 .- 00 to First American Title Insurance Co.