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HomeMy Public PortalAbout19911009 - Agendas Packet - Board of Directors (BOD) - 91-30 SpaceOpen MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-30 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 :00 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 October 9 , 1991 Mountain View, Calif. (7 :00) *11 ROLL CALL APPROVAL OF MINUTES (September 25, 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 :15) 1 . Proposed Addition of Vidovich Property to Rancho San Antonio Open Space Preserve - C . Britton Resolution Authorizing Acceptance of Contingent Purchase Agreement - Bargain Sale, 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 (Rancho San Antonio Open Space Preserve - Lands of Vidovich) (7 : 35) 2 . Coordinated Design - M. Hale (7 :45) *** 3 . Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Accommodate a Neighborhood Trail Connection - N. Hanko INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT 1! Note early starting time *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. 201 San Antonio Circle,Suite C-135 Mountain View,California 94040 - Phone:(415)949-5500 ° FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. Denotes Express Item NOTICE OF PUBLIC MEETINGS There will be a Public Communications Workshop Meeting Tuesday, October 29, 1991 beginning at 7:00 P.M. at the District Office. The purpose of the meeting will be to discuss the District 's public outreach program. The Regular Meeting of November 27, 199.1 has been rescheduled. The second meeting in November will be on November 20, 1991 . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-29 SPECIAL MEETING BOARD OF DIRECTORS October 2, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 P .M. Members Present: Richard Bishop, Betsy Crowder, Kay Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin. Members Absent : Ginny Babbitt. Personnel Present: Craig Britton, Jean Fiddes , Mary Hale, John Escobar, Del Woods, Sheryl Marioni-Cochran, Stanley Norton, Diane Blackman, and Deborah Morvay-Zucker. II . WRITTEN COMMUNICATIONS There were no written communications . III . PUBLIC HEARING A. Determination of Public Necessity for Proposed Beneficial California , Inc. Property Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve (Report R-91-111 dated September_ 27 , 1991) C. Britton introduced S. Norton, District legal counsel , who explained the District ' s eminent domain policy, the purposes for which eminent domain is exercised, and the rights of property owners in eminent domain proceedings. i i N. Hanko asked staff if notice of the public hearing was sent to property owners . C. Britton stated that notice was sent to Beneficial California, Inc. at two addresses and that subsequently a letter was received from Robert Davies and Jeffrey White, the new owners of the property, requesting to speak to the Board at the hearing. D. Woods located the property proposed for acquisition on a map and pointed out the property' s importance because of its location within the trail corridor of the Cathedral Oaks Area of Sierra Azul Open Space Preserve. He showed the proximity of the property to Santa Clara County' s proposed perimeter trail around Lexington Reservoir, east of Highway 17 . He emphasized that the property was located between the Kennedy-Limekiln and Cathedral Oaks areas and would provide the needed staging area for public access to the Priest Rock Road and Weaver Road trails in the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve as well 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 Genera!Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 91-29 Page 2 as trails in the Cathedral Oaks Area. He stated that connections between these areas are made difficult because of the steepness of hillside slopes between ween them and that the property' s accessibility from the paved portion of Soda Springs Road (2/10 mile) and gentle terrain of this property would make it an excellent staging area . D. Woods showed slides of the property that further exhibited its location between the Cathedral Oaks and Kennedy-Limekiln areas and explained that because of its low elevation the parking lot and staging area could be screened by trees so its visibility on the landscape would be minimized. The slides also showed a structure on the property. He stated that the building measured approximately 1, 300 square feet and that, according to Santa Clara County assessor' s department records, the measurement of the structure on the property is approximately 700 square feet. He added that the structure was in general disrepair. He stated that the public necessity for acquiring the property included (1) its potential for public staging because it was highly accessible and close to the lower part of Soda Springs Road; (2) its location between Kennedy-Limekiln and Soda Springs Road; (3) public staging could be effectively screened for the public enjoyment of existing surrounding open space compared with the greater visual impact of a large home; (4) grading required for providing a staging area would be minimal ; (5) staging was needed on the east side of Lexington Reservoir, especially as Lexington Reservoir develops as a major public recreation area; and (6) the property, located in a natural trail corridor between two existing preserve areas, would provide a needed buffer between the trail corridor and development in the area. He also stated that proposed Use and Management recommendations included minimal signing to prevent public trespass on neighboring private lands , determination of use of existing buildings on the property, development of a parking area, natural resource protection, designation of a management conservation unit , naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, and dedication of the property as open space. C . Britton reviewed the background of the District ' s attempts to acquire the property from the owner, Kenneth Ward, during the acquisition of the former Mayr property. He stated that the District was informed that the property was not for sale at that time. He added that subsequent foreclosure sales occurred on December 28 , 1990 and February 4 , 1991 at which the District was not able to bid. He explained that further attempts were made by. a real estate broker, on behalf of the District, to, secure an agreement with Beneficial California , Inc. without success . He Meeting 91-29 Page 3 stated that District staff were finally successful at obtaining information from a representative of Beneficial California, Inc. that a pending sale of the property was falling through and that they would entertain offers after August 30, 1991 . He added that Mr. White and Mr. Davies, who were present at the meeting, claimed that escrow had closed on their purchase of the property although District staff had not yet been able to confirm the transfer in Santa Clara County' s records . He indicated that county records did include building code violations , that staff had determined that the property was not improved under District policy, and that work under way had not been approved by the county. He said that if the District did not acquire the property it appeared that it would be redeveloped as a remodel of existing structures with a much larger house, out-buildings and a corral . B. Crowder stated that the statements made indicated that every possible methodhad been attempted by staff to acquire the property. R. McKibbin asked if Beneficial California, Inc. was the holder of the deed of trust . C. Britton responded that it was the holder of several deeds of trust on the property. The Public Hearing was declared open by N. Hanko at 8 :15 P.M. She asked if a representative of Beneficial California, Inc. was present. No representative was present. Referring to a letter from Jeffrey White and Robert Davies , she invited them to speak. Robert Davies , 15215 Sobey Road, Saratoga, stated that he•had acquired the property and that the escrow had closed. He stated that page 2 of the staff report was misleading in its statement that the house was in disrepair with significant code violations. He said that the violation concerned, not the house, but the "caboose house" substructure. He stated that the house was lived in as recently as last year and that in the past day the house had been made liveable, that a tenant was doing the minor repairs necessary. He stated that he intended to lease the house until his retirement in two years and that he did not want to build a large house. He felt that the acquisition would be detrimental to the District because extensive grading of steep hills would be required and that there were better staging area sites at the former Mayr property and at Soda Springs Santa Clara County Water District property. He stated that public access would pollute Santa Clara Water District property. He also urged the Board to walk the trails and note the steepness of the property. Jeffrey White, 18075 Soda Springs Road, Los Gatos , recommended an alternative site at the Pichon property across the road for access . He stated that it made sense to acquire that property Page 4 Meeting 91-29 nosed for because of its location. He described the property pro. and acquisition as a beautiful property developed with corrals not a deterrent to open space. He stated that the neighbors are erties for open space and against the purchase of developed prop that condemnation of beautiful residential property is not good for the District ' s image. He questioned why the District allowed construction at 17746 Soda Springs Road since it is more visible. He pointed out that the slides of the subject property did not show that the property is visible . He stated that as locating a parking lot on the site it the District considers road is only 12 feet wide should also consider that the access r with an easement to the adjacent property. He concluded stating that it had been very difficult for him during the past 4 months to acquire the property but that he had been able to acquire it and noted that the District had not. N. Hanko declared the Public Hearing closed at 8 :29 P.M. R. Bishop asked for the date of the close of escrow. Mr. *White responded that it was Monday, September 20 . R. Bishop asked what potential the Pichon property had for staging. D. Woods stated that the subject property has a development potential of the construction of a 4,000 square foot home and that if the Pichon property was alternatively selected for a staging site it would probably be objected residence to by the owner of the new home. He i the shadow of a large re added that a staging area n would be incompatible. He stated that one important element in concept. C . Britton added that the acquisition is the corridor he has walked the property and that the corridor formed there naturally interconnects the roads . T. Henshaw asked if the District attempted to purchase the neighboring property referred to by Mr. White. C . Britton responded that property acquisitions are not necessarily considered strictly for viewshed. R. McKibbin asked if Mr. White and Mr. Davies were contractors . Both men stated that they were and Mr. Davies qualified his statement adding that he was a mechanical contractor. R. Bishop asked about county road access to the property. D. Woods stated that it would be difficult but possible. N. Hanko asked about the portion of the structure that violated building code. C. Britton stated that the specifics Of the building code violation had not been verified by the county. Mr. Davies stated that a county official told him that the violation was against the substructure and that the house was built according to code or grandfathered by earlier construction. B. Crowder asked if permits were obtained for repairs to the property. R. Davies stated that the repairs did not require permits . Meeting 91-29 Page 5 D. Blackman stated that the county building inspector informed her that no inspection has been made on the property in several years and that- Mr. Ward had stated that there were serious plumbing and electrical problems requiring repair. She said he was aware that additions had been made to the house but they had not been out to inspect it. K. Duffy said she would vote in favor of eminent domain, since the property was important to meet District goals. R. McKibbin concurred that it was an important acquisition in order to make trail connections . R. Bishop stated that he believed the District needed the property and that he felt the Board should proceed. Motion: B. Crowder moved that the Board adopt Resolution 91-32 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to Wit, for Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel To Do Everything Necessary to Acquire All Interests Therein (Sierra Azul Open Space Preserve - Beneficial California, Inc. ) R. McKibbin seconded the motion. Discussion: . N. Hanko stated that the finding of public necessity included a determination of the threat of development . The motion passed 6 to 0. Discussion followed concerning the potential for an order for possession and the rights of relocation for a tenant on the property. S . Norton asked when the tenant moved into the property. J. White responded that a tenant has been living in the house for 20 days. Motion: B. Crowder moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve and indicate its intention to dedicate the property as open space. R. McKibbin seconded the motion. The motion passed 6 to 0. . Meeting 91-29 Page 6 C. Britton asked for approval of expenditure of $260 , 000 to take immediate a.a a possession of the property. Motion: R. Bishop moved that the Board approve expenditure of $260, 000 to take immediate possession of the property. R. McKibbin seconded the motion. The motion passed 6 to 0 . IV. BOARD BUSINESS A. Coordinated Design Proiect (Report R-91-114 dated September 27 , 1991) Deborah Mills presented graphics for the coordinated design project and obtained Board agreement that although birds are part of the logo design it would not be necessary to include them on the stationary. Motion: N. Hanko moved that the Board approve the master artwork for all applications. K. Duffy seconded the motion. The motion passed 6 to 0. B. Public Communications Workshop (Report R-91-113 dated September 27 , 1991) N. Hanko stated that the Public Communications Workshop Agenda Committee had prepared a questionnaire for the Board to answer by October 9 . I Motion: N. Hanko moved that the Board adopt the agenda for the Public Communications Workshop to be held October 9, 1991 , beginning 7 :00 P.M. at the District Office. R. Bishop seconded the motion. The motion passed 6 to 0. C. Rescheduling of November 27 Regular Meeting (Report R-91-112 dated September 26 , 1991) Motion: T. Henshaw moved that the November 27 , 1991 regular meeting be rescheduled to November 20, 1991 . R. McKibbin seconded the motion. The motion passed 6 to 0. V. INFORMATIONAL REPORTS N. Hanko reported that she contacted Mr. Rosenbaum, organizer of the Stanford Centennial run. She said that he offered to organize an anniversary run for the District ' s 20th anniversary. Meeting 91-29 Page 7 VI . CLOSED SESSION C. Britton announced land acquisition matters to be discussed in . . Closed Session were San Mateo County Assessor ' s parcel numbers 085- 030-090, 085-160-090 , and 085-060-100, negotiated by John Landre. The Board recessed to Closed Session land acquisition matters at 9:17 P.M. VII . ADJOURNMENT The meeting was adjourned at 9:35 P.M. Deborah Morvay-Zucker Secretary I I ill o vl.�".. ? Y +'� �, i ) i'>. ?"', �.,;��"' :f,hw p 4+M � '��� J t� 3 ���♦�'A� :�«+*.'�ri,.r�y y' { � .s • Proposed addition to the .... , ....... 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Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-118 (Meeting 91-30 October 9, 1991) REPORT October 3, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: Proposed Addition of Vidovich Property to Rancho San Antonio Open Space Preserve Recommended Actions: 1. Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Contingent Purchase Agreement - Bargain Sale, 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 (Rancho San Antonio Open Space Preserve - Lands of Vidovich) . 2. Reaffirm your tentative adoption of the Preliminary Use and Management Plan recommendations, including naming the property as an addition to Rancho San Antonio Open Space Preserve. 3. Reaffirm your intention to dedicate the property as public open space. Discussion At your meeting of June 12, 1991 (see report R-91-68 dated June 5, 1991) you adopted a resolution determining the public necessity of acquiring approximately 280 acres of the Vidovich property. The pertinent sections of that report are attached. Staff has met with Mr. Vidovich and his representatives on numerous occasions since that time. The settlement proposal is now before you in the form of the attached "Contingent Purchase Agreement - Bargain Sale. " In general terms, the settlement requires the District to pay $8, 500, 000 for the property, which is $1 ,770,000 below the appraised value of $10, 270, 000. The purchase would be in the form of an option/installment sale, wherein the District would pay $2, 000, 000 immediately after Board approval of the purchase. The balance of $6, 500, 000, with interest, would be due on December 31, 1992. Escrow would close and the District would R-91-118 Page 2 take possession of the property then. One of the basic reasons for this is to allow Mr. Vidovich time to pursue his development of the lower quarry area. If his development plans are unsuccessful, he may elect not to complete this transaction. This will also allow time for the District to form a local assessment District to help finance the purchase, since at over $30, 000 per acre this represents one of the most expensive acquisitions by the District for a parcel of this size. The main features of the proposed settlement are as follows: 1. Terms 1. Price Reese appraised value $10, 270,000 Gift from Vidovich (1 , 770, 000) Bargain sale price $ 8, 500, 000 2. Terms Payable upon approval $ 2, 000, 000 Payable on 12/31/92 6, 500, 000 $ 8, 500 , 000 Additional costs: Attorney fees (12/31/92) $ 65, 000 Interest (7 .5% from 6/13/91- 12/31/92) 752, 000 Total Cost $ 9, 317, 000 3. Main Conditions a. Optio n - Vidovich retains title, District to have limited use of property for fund raising (assessment district, etc. ) b. Contingency - Entire transaction contingent, at Vidovich' s option, on approval of quarry development. c. MROSD Support - District "generally" supports lower property development, and transaction may be rescinded by Vidovich if District violates trust. d. Gift Incentives - 1. $50, 000 of the gift would be given early to a "friends" group dedicated to sponsoring a funding measure for the District. 2. $1, 000, 000 of the gift would be given early to the District upon successful enactment of a benefit assessment district for purchase of the property. e. Adjoining Parcel - To be sold at 75% of "appraised" value after 1/1/93. R-91-118 Page 3 f . Extension District may request and receive extension to 5/1/93 for purposes of completing assessment district formation. g. Court Action All court action to be suspended and dismissed upon close of escrow. Excerpts From Report R-91-68 Description of the Site 1. Property Identification Property owners: John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich, Michael A. Vidovich Size: 280.26 acres 2. Location and Boundaries (see attached map) Regional setting: Located in Santa Clara County west of I- 280, between the southern boundary of the Town of Los Altos Hills and the northern boundary of Rancho San Antonio Open Space Preserve Road access: Primary unimproved access from Stonebrook Drive to the north; unimproved access from Ravensbury Avenue to the southeast, with potential access from olive Tree Lane. Public access from existing trails on Rancho San Antonio Open Space Preserve. Boundaries: South and west boundaries adjoin Rancho San Antonio Open Space Preserve; private property to north and east (low density single family residential) Nearby public lands: Surrounded on three sides by Rancho San Antonio Open Space Preserve; Duveneck Windmill Pasture Area of Rancho San Antonio Open Space Preserve, and Hidden Villa Ranch to the north; Rancho San Antonio County Park to the south Nearby landmarks: Black Mountain one and a half miles south of the property; Neary Quarry is northernly on adjacent portion of property to be developed 3. Topography and Hydrology Prominent topographic features: Site slightly L-shaped; three ridge areas as follows: central ridge runs in an east- west direction rising to central knoll , which is high point of property, second minor ridge angles northwest to southwest, third ridge (visually the most prominent) runs east-west through site, parallel to Rancho san Antonio Open Space Preserve; steep slopes on both sides of ridges; inactive quarry site on top of ridge; N. fork Permanente Creek forms southern boundary Elevation range: 1, 120 feet at top of knoll near western boundary to 500 feet next to north fork of Permanente Creek in southeast corner Slope exposure: Primarily north and south-facing slopes; terrain generally steep with gradients of up to 100% Watershed: Site located within watersheds of Hale Creek and the north fork of Permanente Creek; southern portion of site below central ridge flows into Permanente Creek; eastern- central portion of site is headwaters of Hale Creek, which flows northeasterly toward the quarry 4. Geology and Soils Seismology: San Andreas Fault located about three miles from site; Berrocal, Shannon and Monte Vista Faults lie immediately north of site; fault trace identified in center of site. There is potential for seismic activity along Berrocal Fault. Soil classification: Site underlain by bedrock and surficial material belonging to Franciscan formation; Franciscan rocks include greenstone, sandstone, limestone and serpentine; southern part of site underlain by sheared greenstone; rest of site assigned to "melange" (a heterogenous mass of intensely sheared rocks) 5. Flora and Fauna Plant Communities: Coast Live Oak Woodland, Coastal Sage- Chaparral Scrub, Serpentine outcrop (at cut bank in southeastern portion of property) , and disturbed areas (abandoned quarry in northwest-central portion of site, former equestrian facility site in southeast corner, housing pads) III Dominant flora: Oak Woodland: coast live oak, toyon, poison oak, elderberry, California bay, buckeye; Chaparral Scrub: California sage, coyote bush, buckwheat, golden yarrow, sticky monkey flower, poison oak; Disturbed Area: yellow star thistle, wild oats, few native species Fauna: Deer, raccoon, gray fox, coyote, striped skunk, pocket gopher, deer mouse, western fence lizard, western whiptail, western skink, gopher snake, rattlesnake, scrub jay, California quail, mourning dove, bushtit, plain titmouse, rufous-sided towhee, western flycatcher, hairy woodpecker, common flicker, lesser and Lawrence's goldfinches, dark-eyed junco, golden-crowned sparrow, Anna' s hummingbird, wrentit, Bewick' s wren, brown towhee and white- crowned sparrow. 6. Visual Qualities Viewshed: Site can be seen from Rogue Valley Trail, Black Mountain Trail, PG&E Trail and High Meadows Trail in Rancho San Antonio Open Space Preserve; can also be seen from 1-280 and residential area of Los Altos Hills, including Moody Road, La Loma Lane, Magdalena Avenue, Olive Tree Lane, and Ravensbury Avenue. 7. Existing Improvements Site improvements include gates, fences, and a dirt road system. Unpaved trails and fire roads crisscross the site. In the past, the trails were used by people on an informal basis. Recently, additional fencing has been erected, restricting trail access. Most of the site is now fenced. A small quarry located on the central ridge is no longer in use. A former equestrian center, located at the southeastern edge of the site along Permanente Creek, has been relocated. Equestrian use ended in 1988 . 8. Planning Considerations Political boundaries: Unincorporated Santa Clara County; within sphere of influence of Town of Los Altos Hills, but outside its Urban Service Area Zoning: Santa Clara County General Plan zoning is Hillside (HS) . Under the HS designation, parcel sizes may range from 20 to 160 acres, depending on the parcel ' s slope. Uses allowed include agricultural activities, mineral extraction, parks, and low density recreational facilities, and in its natural state, wildlife refuges, and very low density residential development. The Town of Los Altos Hills General Plan originally designated the ridge portion of the site as Open Space Preserve. This designation allows residential use to be considered with a minimum lot size of 10 acres; however, Measure "B" passed by the citizens of Los Altos Hills in 1989 created a new designation, which parallels the zoning density allowed in the county. Master Plan rating: Medium to high ranking for suitability as open space; since then, significant acquisitions of adjacent lands would result in a higher rating; also, land was protected by the Williamson Act at the time the Master Plan was developed; removal could yield a higher rating Regional plans: The Master Path Plan for the Town of Los Altos Hills shows a number of paths on the project site. The extension of Stonebrook Drive is designated as a major connector between Stonebrook Drive and Magdalena Avenue. Pathways are also designated to enter the property from Olive Tree Lane and Ravensbury Avenue. The Santa Clara County General Plan is in accord with open space use of the property: objective number four proposes "to provide open space for outdoor recreational needs" , and principle number three states "open spaces, to the extent possible, should be linked together visually and physically to form a system of open spaces. " 9. ' Potential Use and Management The trail that runs along the ridge to the north of Permanente Creek could become the main connecting route between the Rogue Valley area of Rancho San Antonio and Duveneck Windmill Pasture. Other access trails to the preserve should be reinstated from Stonebrook Drive and from Olive Tree Lane. Poorly aligned or badly eroded trail sections should be restored or realigned. 10. Public Safety Review A detailed site inspection to identify existing and potential safety hazards will be performed before your final adoption of the Preliminary Use and Management Plan. The site will not be opened to the public until all hazards have been identified and eliminated. 11. Preliminary Use and Management Recommendations Signs: Install private property, preserve boundary and trail signs where appropriate Roads: Maintain for patrol Trails: Reopen; restore or realign eroded sections Gates and Fences: Remove barrier fences and install pipe gates where necessary Cleanup: Remove debris and weeds from former stable area near Rogue Valley 12. Name The property should be named as an addition to Rancho San Antonio Open Space Preserve. 13. Dedication I recommend that you indicate your intention to dedicate the property as public open space. II - ----------- RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF CONTINGENT PURCHASE AGREEMENT - BARGAIN SALE, 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 (RANCHO SAN ANTONIO OPEN SPACE PRESERVE - LANDS OF VIDOVICH) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Contingent Purchase Agreement - Bargain Sale between John T. Vidovich et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf .of the District. Section Two. The President of the Board of Directors or other appropriate riate officer is authorized to execute a Certifi-cate cate of Acceptance on behalf of the District. 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. I Section Four. The General Manager of the District is authorized to expend up to $35, 000 to cover the cost of title insurance, escrow fees , survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $9, 317 ,000 from the proceeds of the next long-term District note issue. r CONTIIjJGENT PURCHASE AGREEMENT - GIFT SALE This Agreement is made and entered into by and between JOHN T. VIDOVICH, KATHY A. TOMAINO, MARY JANE VIDOVICH and MICHAEL A. VIDOVICH hereinafter called "Vidovich" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS , Vidovich is the owner of that certain 358 acre property, commonly know as the proposed "Quarry Hills Development Project" , located within an unincorporated area of the County of Santa Clara, California and also lying within the Sphere of Influence of the Town of Los Altos Hills , and WHEREAS , the southern 280 acres of said property is commonly known as the "upper quarry lands" , hereinafter called the "Open Space Property" , and the northern 78 acres of said property is commonly known as the "lower quarry area" , hereinafter called the "Quarry Property" , and WHEREAS , the Quarry Property is slated for subdivision into approximately 25 homesites by Vidovich under the jurisdiction of Santa Clara County, but within the residential density standards of the Genera l Plan of Los Altos Hills , and WHEREAS , District understands that development of the Quarry Property is proposed to be completed in part to mitigate the scarring and hazards of the existing quarry while at the same time providing a pleasing and orderly development that will enhance the attractiveness of the adjoining neighborhood and the Open Space Property being acquired by District under this Agreement, and WHEREAS , the Open Space Property is considered to be the highest priority category for acquisition as regionally significant public open space by District and in a final effort to acquire the Open Space Property, District adopted Resolution 91-24 on June 12 , 1991 , finding and determining that the public interest and necessity require the acquisition of the Open Space Property, a map of the Open Space Property is attached hereto as Exhibit "A" and incorporated herein by this reference , and WHEREAS , Vidovich understands that the purchase price being paid by District for the Open Space Property under this Agreement , while less than the District sponsored appraisal , is very expensive relative to all previous District acquisitions, and therefore Vidovich is offering certain gifts and other incentives to District in order to assist with funding and financing of this purchase transaction, and WHEREAS , Vidovich wishes to sell the Open Space Property to District on a gift-sale-basis and Vidovich wishes to develop the Quarry Property in an orderly manner, the approval of which may be necessary before Vidovich 4 i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF CONTINGENT PURCHASE AGREEMENT - BARGAIN SALE, 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 (RANCHO SAN ANTONIO OPEN SPACE PRESERVE - LANDS OF VIDOVICH) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Contingent Purchase Agreement - Bargain Sale between John T. Vidovich et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. 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 $35, 000 to cover the cost of title insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $9, 317 , 000 from the proceeds of the next long-term District to iss no e.u * * * * * * * * * * * Contingent Purchase Agreement - Gift Sale Page 2 agrees to conclude said sale to District, and District wishes to purchase the Open Space Property upon the terms and conditions set forth herein; NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale. Vidovich agrees to sell to District and District agrees to purchase from Vidovich, the Open Space Property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Two Hundred Eighty (280) acres , more or less , and commonly referred to as all of Santa Clara County Assessor ' s Parcel No (s) . 351-08-001 and -002; and 336-33-010; and a portion of Santa Clara County Assessor ' s Parcel No (s) . 336-34-05 , -06 , and -07 ; and 336-33 02; and being further described in the legal description appended to the Preliminary Title Report from Valley Title Company, dated May 28 , 1991 ; said Preliminary Title Report attached hereto as Exhibit "B" and incorporated herein by this reference. The Open Space Property is to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements attached or affixed thereto . 2 . Purchase Price . The total purchase price ( "Purchase Price" ) for the Open Space Property shall be Ten Million Two Hundred Seventy Thousand and No/100 Dollars ($10 , 270 , 000 - 00) , which shall be paid in the following manner. (a) Within forty-eight (48) hours of District approval of this Agreement as further provided in Section 18 hereinbelow, District shall pay the sum of Two Million and No/100 Dollars ($2 , 000 , 000 - 00) ; in cash and simultaneously, Vidovich agrees to execute a Full Recourse Promissory Note in said amount to bear interest at the rate of Seven and one-half percent (7 . 5%) per annum, which shall provide for payment of principal and interest on December 31 , 1992 (or such earlier or later date as may be agreed by the parties) in the event Vidovich fails to close escrow through no fault of District; said Note shall be secured by a Deed of Trust against the Open Space Property. In the event escrow closes as stipulated herein, all accrued interest, if any, shall be waived by District and said principal amount of $2 , 000 , 000 - 00 shall be credited against the Purchase Price. (b) At the Closing (as defined in Section 8 hereof) , District shall pay the balance due of Eight Million Two Hundred Seventy Thousand and No/100 Dollars ($8 , 270 , 000 - 00) plus an amount equal to six Million Five Hundred Thousand and No/100 Dollars ($6 , 500 , 000 - 00) times simple interest at the rate of Seven and one half percent (7 . 5%) from June 13 , 1991 to the date of Closing, or (c) As an alternative , and in lieu of the payment of cash in the principal amount stipulated in Section (b) above (with the interest amount remaining fully due and payable in cash) , District may pay all or any Contingent Purchase Agreement - Gift Sale Page 3 portion of said amount in Promissory Notes which are to be issued in denominations of no less than $5, 000 and at such rate and terms which will assure that District can guarantee to Vidovich that such Notes will be saleable by Vidovich at "par" , simultaneously with the Closing. At the option of the District said Notes may be subordinated to existing District public notes issues and may be secured by the open Space Property. (d) At the Closing, Vidovich shall make a cash gift to District in the amount of One Million Seven Hundred Seventy Thousand and No/100 Dollars ($1 , 770 , 000 - 00) ; provided, however, that any advance gifts made by Vidovich to District in accordance with the provisions of Section 3 hereinbelow are deducted therefrom, at the request of Vidovich. 3. Funding Incentives . A portion of the gift of funds described in Section 2 (d) hereinabove, may be paid in advance by Vidovich in the following manner: (a) Because Vidovich wishes to support a District-wide ballot measure to finance purchase of the Open Space Property and other potential $50 , 000 to an open space acquisitions , Vidovich shall pay the sum of official political action group dedicated solely to encouraging voter acceptance of such a funding measure; provided, however, that if no such group is founded prior to the Closing, as described in Section 8 herein, said amount will be paid directly to District at the Closing . (b) In the event that the local homeowners surrounding the Open Space Property agree to form a benefit assessment district for the sole purpose of assisting District with the acquisition of the Open Space Property, Vidovich will , within 30 days of the formation of such assessment district, match on a dollar-for-dollar basis , up to $1 , 000 , 000 , of the net principal amount to be received by District . 4 . Waiver of Statutory Compensation. Vidovich and District understand and agree that Vidovich may be entitled to receive the fair market value of the Open Space Property described in Exhibit "B" , as provided for by the Federal Uniform Relocation Assistance and Real . Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256 , and California Government Code Section 7267 , and following. Vidovich hereby waives any and all existing and/or future rights Vidovich may have to the fair market value of said Property, appraisals , etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . And further, in acknowledgement of the substantial gift being made by Vidovich to District hereinunder, District shall execute and submit into escrow, IRS Form 8283 acknowledging receipt of said gift. 5. Condition Precedent. The obligations of Vidovich to sell and convey the Open Space Property as described herein, to District, may, at Contingent Purchase Agreement Gift Sale Page � Vidovich ' s option, be conditioned upon Vidovich receiving permission from the County of Santa Clara (with the cooperation of the Town of Los Altos Hill's , as necessary) to develop the Quarry Property with approximately 25 single family homesites ; such permission could take the form of a County General Plan amendment, appropriate zoning changes , letter of conditional approval , or tentative map approval from either or both of the jurisdictions having authority; provided, however, if escrow fails to close through no fault of District, Vidovich shall return to District any and all monies advanced by District, together with interest thereon as provided in Section 2 (a) hereinabove . 6 . Quarry Development Confirmation. A major and critical consideration for Vidovich to enter into this Agreement is realizing the potential of developing the Quarry Property into approximately 25 residential lots . Development of this area represents an opportunity for the community, as the site is currently in an unsightly and environmentally degraded condition, is surrounded on three sides by existing urban development and proposed to be adjoined by public open space along the remaining boundary. The District realizes that development approval within the County jurisdiction will require a General Plan amendment; however , the unique aspects of this site , reclamation of the quarry, and the fact that the County General Plan recognizes and favors use and development of .unincorporated land that lies within a City' s sphere of influence be consistent with that City' s General Plan, make this proposal reasonable . The overwhelming voter passage of Measure "B" can be interpreted as support of open space use for the Open Space Property, as well as development of the Quarry Property in a manner consistent with t'he Town General Plan. Such circumstances do not exist anywhere else in Santa Clara County and a change in the County General Plan to accommodate this proposal cannot be deemed as setting a precedent of any kind. However, the District, since it is pursuing the regionally significant public open space as the subject of this Agreement, will support the development proposed for Quarry Property in a manner acceptable to District and consistent with District policy objectives . In the event that District purposefully acts or states positions in conflict with the terms of this Agreement or specifically this Section 6 , Vidovich shall have the right to instigate litigation to rescind this Agreement and nullify the purchase and sale of the Open Space Property. 7 . District Use of the Open Space Property. During the term of this Agreement, Vidovich shall retain possession of the Open Space Property while allowing members of the general public to use the connecting trails by written permission only, which is a status-quo condition; provided, however, that District shall be able to continue patrol and maintenance use of existing roads relative to management of District ' s Rancho San Antonio and Windmill Pasture Open Space Preserves , further provided; however, that District may ,hold fund raising events and community support meetings on the Open Space Property upon giving Vidovich ten (10) days advance written notice, for the purpose of furthering the Contingent Purchase Agreement - Gift Sale Page 5 II cause of forming a benefit assessment district or district-wide funding measure . 8 . Escrow. Promptly upon execution of this Agreement, in accord- ance with Section 18 herein, an escrow shall be opened at Santa Clara Land Title Company,, 701 Miller Street, San Jose , California 95110 , phone number (408) 288-7800 , or other title company acceptable to District and Vidovich (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) There shall be on initial close of escrow for the payment provided in Section 2 (a) above, which shall include delivery of funds to Vidovich, delivery of the executed Note to District, recordation of the Deed of Trust in Santa Clara County, and recordation of the Memorandum of Agreement in Santa Clara County as provided in Section 17 . (b) The time provided for in the escrow for the final close December 31 1992 • provided, however , that ecem thereof shall b e an or before D , 1 1993 up on as May P s late , Closing to a Y District may extend the time for Cl g III giving written notice to Vidovich on or before August 1 , 1992 that such extension is necessary if , and only if , the voters of the District are scheduled to vote on a local assessment District or District-wide funding measure to assist District in raising the money needed for purchase of the Open Space Property, and further provided, however , that the parties may, by written agreement, otherwise extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (c) Vidovich and District shall , during the escrow period, s and perform an exe cute an and all document p Y and all acts reasonably Y necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (d) Vidovich shah deposit into the escrow on or before the Closing: i the properly o erl executed and recordable Grant Deed P P covering the Open Space Property, (ii) the remaining amount of the Vidovich cash "gift" as provided in Sections 2 (d) and 3 herein. Contingent Purchase Agreement - Gift Sale Page 6 (e) District shall deposit into the escrow, on or before the Closing: M The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check (or wire transfer) payable to Escrow Holder in the amount (depending on District ' s option) necessary to satisfy the Purchase Price as stipulated in Sections 2 (b) and 2 (c) hereinabove, (iii) The Notes (depending on District ' s option) in the amount necessary to satisfy the Purchase Price as stipulated in Section 2 (c) hereinabove; in the event said District "Notes" are "secured" , at District option, the executed and recordable Deed of Trust required therefore. (f) District shall pay for the escrow fees , the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees . All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Vidovich in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (g) Vidovich shall cause Santa Clara Land Title Company, (Escrow No. SP62471) or other title company acceptable to District and Vidovich, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance , dated as of the Closing, insuring District in the amount of $10 , 270 , 000 . 00 for the Open Space Property, showing title to the Open Space Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) such easements as Vidovich may reasonably require for the safe and proper development of the Quarry Property, such as , but not limited to, ingress for landslide stabilization, slope easements , emergency fire access , underground utilities , etc . ; and such easement requirements shall survive the Closing; (iii) title exceptions 1 through 16 as listed in said Preliminary Title Report attached hereto as Exhibit "B" ; (iv) and such additional title exceptions which may be acceptable to District . In the event District disapproves of any additional title exceptions and Vidovich is unable to remove any District disapproved exceptions after a good- faith, diligent effort to remove same, but before the time set forth for the Closing, District shall have the right to select one of the following courses of action: (i) to terminate the escrow provided for herein (after giving written notice to Vidovich of such disapproved exceptions and affording Vidovich at least (20) days to remove such exceptions) and then Escrow Holder and Vidovich shall , upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder, or; (ii) require Vidovich to immediately enter into negotiations with District to ameliorate the effect of such disapproved title exceptions to District satisfaction, or; (iii) to Contingent Purchase Agreement Gift Sale Page 7 require Vidovich to commence legal action or other remedies necessary to eliminate such title exceptions , or; (iv) to close the escrow and consummate the purchase of the Open Space Property. W Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance (and Trust Deed, if appropriate) to be recorded in the office of the County Recorder of Santa Clara County. Upon Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein and balance of the "gift" funds, and to Vidovich Escrow Holder ' s check for the full Purchase Price of the Open Space Property (less Vidovich' s portion of the expenses described in Section 8 (f) ) , and to District or Vidovich, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same . 9 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 10 . Leases or Occupancy of Premises . Vidovich warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Open Space Property. Vidovich further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss , damage or expense, including costs for legal services , occasioned by reason of any such lease or rental agreement of the Property being acquired by District , including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Vidovich understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 11 . Vidovich' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Open Space Property in accordance herewith, Vidovich represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: Contingent Purchase Agreement - Gift Sale Page 8 11 . 01 Authority. Vidovich has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 11 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Vidovich to District now or at the Closing have been or will be duly authorized and executed and delivered by Vidovich and are legal , valid and binding obligations of Vidovich sufficient to convey to District the Open Space Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Vidovich is a party or by which Vidovich may be bound or any articles, bylaws or corporate resolutions of Vidovich. 11 . 03 Good Title. Vidovich has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Open Space Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or ur1recorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Vidovich shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 12 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Vidovich shall not , between the time of Vidovich' s execution hereof and the close of escrow, cause or allow any physical changes on the Open Space Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees , shrubs , brush or other vegetation, and damaging or demolition of improvements or structures on the Open Space Property, except as reasonably necessary for development of the adjoining Quarry Property. 13 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene , asbestos or any other substance the placement , storage or removal of which is prohibited or regulated by federal , state or local law. (a) Vidovich warrants and represents that: (i) During Vidovich' s ownership of the Open Space Property Vidovich has not placed or stored , or allowed to be placed or stored any hazardous substance on the Open Space Property. (ii) Vidovich has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. Contingent Purchase Agreement - Gift Sale Page (b) if hazardous ,substances .are subsequently found to exist on the Open Space Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Vidovich or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Open Space Property. However, under no circumstances shall Vidovich be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Vidovich' s ownership and operation of the Open Space Property. 14 . Bargain Sale of Adjoining Lands . Vidovich agrees to sell to District and District agrees to buy from Vidovich, the adjoining 3 . 486 acre parcel commonly known as Santa Clara County Assessor ' s Parcel No. 351-08-26 , on the following basis : (a) The closing date shall be anytime after January 1 , 1993 but prior to January 1 , 1994 , at the election of the District. (b) The purchase price shall be 75% of the appraised value as adjusted. (c) District and Rex Lindsay, .on behalf of Vidovich, shall mutually agree on an appraiser acceptable to them. If they shall not agree, then they shall each submit a list of 3 names to the Presiding Judge in Santa Clara county and the Judge ' s selection shall be final . The appraiser must have extensive experience in appraising property in Santa Clara County. The parties agree that the appraiser who is best qualified by experience, reputation and familiarity should be chosen as the appraiser. (d) The appraiser shall assume that the property has the necessary easements for access and utilities . (e) In lieu of said appraisal, Mr . Lindsay and the District can negotiate a price which shall be binding on Vidovich. (f) The appraisal date shall be mutually agreed upon, and shall be adjusted by an amount equal to seven and one-half percent per annum (7 . 5%) from the date of appraisal to the closing of the transaction. 15 . Moratorium and Dismissal of Court Action. The parties shall cooperate to the fullest extent possible to hold in abeyance all legal proceedings in reference to Santa Clara County Superior Court Case No. 712461 (Midpeninsula Regional Open Space District vs . Vidovich, et al . ) to minimize further legal expenses in said action, and cross-complaints by any and all parties thereto. Upon close of escrow, District shall forthwith dismiss with prejudice its said Action No. 712461 and Vidovich shall further discuss the cross-complaints in such action and District and Vidovich shall be responsible for and pay their own costs and attorney fees in connection with said action and cross-complaint; provided, however, that District shall pay to Vidovich the sum of Sixty-five Contingent Purchase Agreement - Gift Sale Page 10 Thousand and No/100 Dollars ($65, 000 . 00) _ at the Closing as- payment of a portion of Vidovich' s attorneys fees . 16 . Miscellaneous Provisions . 16 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 16 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 16 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment , extension or waiver must be in writing. 16 . 04 Rights Cumulative . Each and all of the various rights , powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights , powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 16 . 05 Notices . All notices , consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Contingent Purchase Agreement - Gift Sale Page 1 , Vidovich: John T. Vidovich c/o De Anza Property 920 West Fremont Avenue Sunnyvale, CA 94087 (408) 738-4444 FAX (408) 738-0231 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 FAX (415) 949-5679 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX (415) 327-9151 If sent by telegraph, facsimile copy, or cable , a conformed copy of such telegraphic, facsimilied, or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate , but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 16 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that, such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic , business and other purposes of the void or unenforceable provisions . Contingent Purchase Agreement - Gift Sale Page 1 16 . 07 Counterparts : This Agreement may be executed in separat, counterparts , each of which shall be deemed as an original , and when executed, separately or together, shall constitute a single original instrument , effective in the same manner as if the parties had executed one and the same instrument. 16 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances , shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 16 . 09 Broker' s Commission. District and Vidovich represent and acknowledge that no broker ' s commission or finder ' s fee is payable by either party with regard to this transaction. Each party agrees to and does hereby indemnify and hold the other harmless from and against any anc all costs, liabilities, losses , damages, claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying party in connection with this transaction. 16 .10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 16 . 11 Survival of Covenants . All covenants of District or Vidovich which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns . 16 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 16 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate anc carry into effect the transactions described and contemplated under this Agreement. 16 . 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 16 . 15 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a Contingent Purchase Agreement - Gift Sale Page 13 l basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 16. 16 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. I 17 . Recordation. A Memorandum of this Agreement shall be executed by both parties hereto in such form as to enable recordation in the official records of the Recorders Office of the County of Santa Clara. 18 . Acceptance. Provided that this Agreement is signed by Vidovich and returned to District on or before September 20, 1991 District shall have until midnight October 9 , 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Vidovich to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. /Il /11 //i i Contingent Purchase Agreement - Gift Sale page 1, IN •WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENIivSULA REGIONAL OPEN SPACE Seller DISTRICT APPROVED AS TO FORM: oh T. Vidovich Stanley Nor n,' Distric Counsel ACCEPT FOR RECOMMENDATION: l <�'L A 1t ��1J Kathy A. omaino Date :_ L. Craig Britton, SR/WA Land Acquisition Manager j APPROVED AND ACCEPTED: nary 3a e. Vidovich Date: . Presiden t, Board of Directors r r � Mic' ael A. Vidovich Date : -/ ATTEST: District Clerk Date : r ? 1 _ r r" «F S rt t s• , , �•tir # � { ���,� ,4 Proposed addition to the r �1, t,�1f tStFTzztrr `� Rancho San Antonio Open Space Preserve t: iu r sar, ` �, ;,r'�'`r ;�`; c �s I��:�•;�T�'.`t ��lil;. r5 \F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Na �y ,,,r.^•....�/ Kf ! �yFfy i � .l * �. ' Scale: 1' = 2000' 0' NorthT Y w 1 h 1. � I i tonebrook . 1rha>f ;,,Y,,t ;.. eras :� f.: 'Rhus Rid e` ;.x �s 280 A " '« , z Road rd '.Open Space r .,.. 1 �. property as � 1 ,Y .{�.."'" tfU t:i,vim: �.'pp ,:.i:lr' ,. •::'�'l:G i, i'K 3�,t 't •a � �� .'� � ,lent' t.�'. ;r-. 1 -;F.' «!' ! �'\.,e� e. •'� a�< !r..1 a.1,flt._ ,.+!1 �I ��� �! .._ ,_ ` ':� `,,''-`''� E ur� .a�'f�':da•� ``� �p� `t� �; f 0 V. ^t�'r tl ��r:;1)I I , ;1 1� �1 '�) %' 't• ..t r .", �l�.A�J�/, ��L� � Jtt� if 1 '1 ,1 00rn_ � l I t .`��• , (I' ' f _ ..``I ' ' i� m 'U,Trails / .'� ^7on(. Wli,p �1� ����r. "/ )!1'��1' I� / �t*e`r�i.�. '\. -'-r'n. • - '.- \� ' '{ t .,�' .y � .a2 yf(� o ?I rAt 11/„11�,1. \ .1t1 i 1, ,Il� r�,� r• '1 ;I I• I ��1\t.fi{ r a.tI 't l •� .! T "i�•1 +•ti.�...' 1•I � t ! idden Villa ', I .1 Duveneck Windmill,.' Rancho San Antonio ._ r1r . ,pen Space ;.Pasture Area County Park I asement 'f, i{ /t'� r.l )1)f%�I' I�i` !i �� �')I I I \\`� M1 I,' ri.I �I 1( at r'(1 � [ �\\ � -'� �� •?` �O � ��1`1l` � \�� � s r\ < ''ice I ra w.l.l �I \+` 'j �. ,111 ( ))ll� ,�:, ll�� � �/ / ( � izoo, '°per;/�-'�\ ! �. \ --.:�' - '\�' �� .t.. t' ,��n•k)t.,u t. �,,�.,� ,'�rl(/ I \ 11, sII "- )3)1 J 1 .1 , /�i�" " y-r. ,• I .�—. }L ! 'y 'Qlnlnnt'V SOtr{rinrl. ( h � Alt tv Cristo Rey �h,�' !1 - `li 1�\\ off ���� ;;,� -• , Rancho San Antonio O.S.P. �) \ if \ ;DfIVe t —, r`t . °pG ?'� r000 Trails -• -�.c 'r il:j:' >iY'' :r}7 .�•';' 3'yi:' +,�., ^:q.�........�, ;..:'.•�,'•v�• \ '1 r I i , 'y cac '>'cw.>` �i-�.:.�c::� ,<:;»rn• ¢$::,�•.• c , rr l ,j 1 + .I '1 C apt' V`,..s/•�:. 1!;:" .<�. t. 'ti.,:. a+. i�>: ,;t3 -r- .1 Z.r �<l�. l; .,1. ,.•`t• \ 'l 1j , � .i b r:;;,�J,y •,G ', >. < - f }?y'. .rcj:•y.:.y.•::.�� 1 � /. f•, II ry't.a ti .:3ir. w^..f:•a:�<i ,r ry#."".".f...•' ( [;� ! ai. ff � � H ll: l� .\�. 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I ..?. e y'' ti:•% o. •��. �;Yb.• ,.� :;f..R('j�'�i:" .r lvav,:. ,' ,t l • � �1 � •'r'��,''�-.: J.q, � 1� j�: ::::: a•"�. ... \� o, � .' .�N: ��.. ^-d+:<:.. f:! ",. lL�; v;♦ �.•�,.. .< s :afn.. .< ♦ t7•" ~y,, (! y .Iu wd. �\�'?, ..,�• ,:a T. 44�� r 1 I ;,r.} .Y:.i .: -.ti: ^ .Y :J`:::,�.. <:. '! ._{ �i {:!:f♦'..f'f 1. C Monte Bello O.S.P.•:�. ��<>.�: :#:�`.v ;a�.,• r x:,' :t'•":'e. s w.co :. 3 E ¢ 1: :.r f?: .::,�•,. „tom. •,.• •>, ff,y� +.;r�<.,:..' � `�,� ��): �,,•�,. ,3. F. #7 wTM4. fv. , :f'.'ti'. .��. J ��: '�.,. ..'•ly,�% .,�:'h" i r� —c. ..#:::as:x�• Gt,W..•... . ::•..mow'• .,.?/Y .:.y, jj • ••�;'C r ?. �t :�'�; 'r ��//1I( k/.� :.rC �.;,..y„ ,.�• :, al. �tt)a,,J. l.E�.' ,�. Y.t 'f:.,$' k ti' �� � �' � > .nC. .., ' ,.." :�t.,..;... ...y. :-;J-.. .yp, Fi• xJ^"w:w. f., .S..,} 4 w^:: r,.:.1,. .i! iir .e. 'ry,>. — ..:� A.,. .n r.+s, _ •4.; ,.. •i.. f'.,S`�;<>.: r• . ' „r ;'r::i:�fa 3, u •-, ,.:.,'.r. 1i3`�+" a •< ... �S :r u: • ..2'% s':q ,,..•�'. •# 0 P-Vd•� ~ ;i ?, z....'�aMY!; :Tft'. 2 A �' :♦ �� �.e'' Jfl�: 1� f p' "'ya. �') 14 .-, :;G .1X .1 '•. '�r. r: �tJj` { I ) f f:. .,: ,+1, '��!'• '.( `, ll f�9`., `� ..✓'_� t} !'. ,)'jC ll fi:.. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-115 (Meeting 91-30 October 9 , 1991) REPORT September 30 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: M. Hale, Public Communications Coordinator SUBJECT: Coordinated Design Recommended Actions: 1 . Approve final colors and design for District pin. 2 . Approve use of California state seal for the badge worn by District rangers . Discussion: Staff expects to receive a prototype of the District pin for your review of the colors used. Consultant Deborah Mills will review cost and production time implications for any possible modifications requested by the Board at the October 2 , 1991 meeting. Operations Supervisor John Escobar has requested that the California state seal replace the "leaf" design on the rangers ' badges . The use of the seal will provide a higher public profile and greater consistency with other agencies for the authority conferred upon the rangers as peace officers . There will be good visibility for the District ' s identification on the new patch, worn on the shoulder area of all District field staff . The cost of producing badges with the state seal will be less than with the. new logo, because the state seal is available in ready-made quantities , while the new logo would need to have new artwork, a die made, and then production samples made before the final badges could be manufactured. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-117 (Meeting 91-30 October 9 , 1991) REPORT October 1 , 1991 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Acting Land Manager; S. Marioni Cochran, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Accommodate a Neighborhood Trail Connection Recommended Action: Adopt the amendment to the Use and Management Plan for Fremont Older Open Space Preserve to allow construction of a trail connecting private open space lands owned by Regnart Ridge Homeowners ' Association to the preserve ' s public trail system. Discussion: At your November 7 , 1991 meeting, you approved the Use and Management Plan for Fremont Older Open Space Preserve (see report R-90-130 dated October 31 , 1991) . Final adoption of the plan occurred at your November 28 , 1991 meeting (see report R-90-141 dated November 14 , 1991) . The Regnart Ridge Homeowners ' Association is now requesting an amendment to the plan to allow trail access from private open space lands owned by the association to the preserve ' s public trail system. Their proposal is attached as Exhibit A. It includes a map delineating the proposed access trail. An approximate 200-foot section of this trail is located on adjacent Fremont Older Open Space Preserve . This section was constructed by the homeowners ' association without District approval . Staff inspected the new trail and found it did not meet District standards . The average slope of the trail is 20%. The District standard for new trail construction is a maximum slope of 10%. Staff flagged a more appropriate trail alignment on District land that meets District standards . The new alignment is approximately 300 feet long. Staff recommends that the trail be constructed by District staff with the assistance of Gene Sheehan, trail consultant. The homeowners ' association agrees to pay the District $4 . 50 per foot of constructed trail . This amount would cover the following: 91-117 Page 2 1. construction supervision and trail layout by consultant, 2. equipment rental, 3. District field staff time (brush removal , trail construction and finish work) , and 4 . miscellaneous materials and supplies. The association will be required to submit a signed letter of agreement and a $1 , 500 deposit before trail construction begins . RESPONSE AC' '',W POSED BY STAFF Board President Acknowledge/Respond EXHIBIT A Director Acknowledge/Respond 0 "k iU + J ae,J Staff Acknowledge/Respond X Staff Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) June 27 , 1991 No Response Necessary MMMI Board of Directors Midpeninsula Regional Open Space District I 201 San Antonio Circle, Suite C-135 Mountain View, California 94040 Dear Board Member , The Regnart Ridge Homeowners ' Association is requesting an amendment to the Fremont Older Use and Management Plan to allow access to the M.R.O. S.D. ridge trail from our adjacent R.R.H.A. 20 acre open space area . The proposed access trail is delineated on the enclosed map. Please excuse our error in that the section of trail , which we are asking you to approve, has already been constructed . Some brush was initially cleared between our trail and the M.R.O. S .D. ridge trail to allow your staff to understand our request . After we were notified that a formal application was required , and before it was submitted, a member of our association, believing he was being helpful , dug the trail . I can assure you we were well-intentioned in our effort , however , if necessary, we will obliterate the existing trail and restore the land and vegetation to your satisfaction . Thank you for your consideration . We appreciate having the District ' s property adjacent to us . You manage the preserve commendably . We are desirous of being good neighbors , and managing our property similarly . The homeowners would certainly appreciate being allowed to tie our trails together . Sincerely, Robert Nellis Regnart Ridge Homeowners ' Association 22322 Regnart Road Cupertino, CA 95014 (408 ) 252-7750 cc Steve Andrews , President R.R.H.A. enclosure i Z \� N 1' Open Space 1 1 `- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 11, 1991 Robert Nellis Regnart Ridge Homeowner's Association 22322 Regnart Road Cupertino, CA 95014 Dear Mr. Nellis: We have received your request to amend the Fremont Older Use and Management Plan to allow trail access to the ridge trail from your adjacent open space land. I will be meeting with our field staff next week to field check the trail Regnart Ridge Homeowner's Association recently built. We will be looking closely at the trail alignment to determine if it can remain or an alternative alignment be proposed., i i I will contact you after our field visit to discuss our findings. trail alig nment is found our an ac ceptable table � As suming g g P recommendations will be presented to the District's Board of Directors when time permits. Thank you for your cooperation. Sincerel/Marioni yours, Sheryl Cochran Associate Open Space Planner cc: L. Craig Britton, Acting Land Manager Del Woods, Principal Open Space Planner i 201 San Antonio Circle,Suite C-135 Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 General Manager.Herbert Grench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop ` Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Report R-91-113 REPORT ;Meeting 91-29 October 2, 1991 ) September 27, 1991 To : Board of Directors From : Agenda Committee ( Betsy Crowder, Ginny Babbitt, Nonette Hanko ) Subject : Public Communications Workshop Dear Colleagues : The Committee met with Herb Grench and Mary Hale on September 26. As a result of this meeting, the Committee is recommending the follow- ing agenda and procedure for the full Board workshop to be held on October 29. AGENDA 1. Public Communications : direction for the 90s. 2. Public Outreach - define and discuss 3. Informational Programs ( docents , volunteers , staff, and Board } 4. 20th Anniversary 5. District Publications 6. Summary of Discussion 7 , Suggestions for Implementation ( changes in staffing, budgeting, and use of consultants ) As a means of facilitating the workshop, the Committee is asking each Board member to fill out the attached questionnaire and return it to the Committee by October 9. The Committee will compile your ideas into a workable format for workshop discussion. We are also asking each Board member to facilitate one of the seven agenda topics; thereby allowing each member equal freedom in expressing views. i 201 San Antonio Circle,Suite C-135 Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 PUBLIC COMMUNICATIONS CUESTIONNAIRE ( Please return by October 9 ) 1 Public Communications : Direction for the 90s What should this program be doing in the next ten years ? What overall level of effort do you see compared to today ? Ideas. 2 . Public Outreach Define and give views on how or if such a program would meet District and public needs . 3 Informational Programs What should be the role of docents , vblunteers , staff, and Board ? Increased? Decreased ? Expanded ? 4. 20th Anniversary Should a Board committee be formed to work on this ? Ideas . I 5. District Publications Staff will present a display board of current and past publications ) Are current publications what we want ? or, What changes should be made ? 6. Summary (no comment necessary yet 7 Suggestions for Implementation Do you see an increase in regular staff ; and if so, to what degree ? To What extent would you like the communications program to be im- plemented by outside contractors vis-a-vis regular staff?. Would you be amenable to hiring a marketing consultant to draft an overall communications program, including costs and benefits ? Open Space i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: September 27 , 1991 SUBJECT: F. Y. I . Remember the painting Ingerson and Dennison (painte y one or both) that was on my office wall that the Katherine Duffy masterpiece now graces? Local Collaborators Reveal All George Dennison and Frank Ingerson had a very special relationship indeed. Two local artists, their collaborative efforts resulted in the creation of masterpieces not only on canvas,but also on enamel ware,carvings,tiles and needlepoint and a frienship that lasted a lifetime. Ingerson was the first to move to Los Gatos where he was joined by Dennison a short time later, with Dennison originally starting out as the student and Ingerson as his mentor. Such close harmony is unusual between two artists, but this teacher and student managed to mesh their individual artistic abilities together in a way that allowed them to become two halves of a near perfect whole. Working out of their home,Cathedral Oaks,located on acclaimed violinist Yehudi Menuhin's estate,artwork dominated their entire lives. Some of their more famous peices include the Ark of the Covenant for Temple Enamy-El in San Francisco,which some consider their greatest work and the design of the 65 room Bliss Estate in Santa Barbara.the Ark of the Covenant took 14 months to complete. When done, it was 3,000 pounds of bronze, gold repouse, old cedar, and jewel covered enameling and spanned 10 feet high. Although the two men preferred working together,there were a few individual projects that also brough them artistic acclaim. Dennison spent nine years working on a horsehead where the enamel was fired 135 times. Ingerson was one of only four people allowed to copy the ancient Greek paintin,Nozze de Aldobraudini,a great treasure that hangs in the Vatican where critics regard it as undistinguishable from the original. Collaborative works now on display at Tait Avenue Museum include a vase of flowers whose rich and vibrant colors demonstrate the men's innate ability to communicate and focus on their artwork,a large painting of two exotic birds which boasts the signature of Dennison and Ingerson and a remakable self-portrait found when the Peninsula Open Spaces took over the Menuhin estate. Also on display at Tait Avenue are what friends,who included Olivia de Havilland,remember most about this teacher and student team-the Christmas cards sent out each year. The etchings on every card were of scenes from Cathedral Oaks demonstrating the handiwork of Dennison and Ingerson. Dennison and Ingerson continued to live and work out of Cathedral Oaks for 55 year until the death of Dennison on May 28, 1966. Ingerson's death followed on March 18, 1968. Don't miss this unique artistic endeavor. The exhibit of their work has been extended through September 29th. Al �v�ir CARGILL SEP 2 7 7991 SALT DIVISION 7200 Central Ave. Newark, CA 94560-4206 5101797-1820 1-800-321-1458 Admin FAX: 5101790-8162 Plant FAX: 5101790-8189 September 24 , 1991 Mr. L. Craig Britton, SR/WA Acting Land Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Subject: Letter of August 23 , 1991 Cargill Salt files: 2000.005:0-A 2000.012:13-L 2001.012:0-F Dear Mr. Britton: I placed a call to you the afternoon of September 18 to discuss this letter, but as of yet have not received a return call. I want to express Cargill Salt (former- ly Leslie Salt Co. ) dismay at your response to the U.S. Army Corps of Engineers regarding our dredge lock application. First, I thought it was inappropriate to respond with- out at least having the courtesy to discuss the matter with us first. As you well know, levee maintenance and the access to the levees provided by our system of locks is absolutely critical for the company. That letter, however, serves to highlight one of our major concerns about public access on our levees. Allowing public access would further erode our ability to maintain our system, which already is under assault by agencies such as yours. The apparent disregard for our operational needs as evidenced by your comments only serves to reinforce our view that public access is incompatible with our salt-making operations. In addition, your contention that "recreational access to some Leslie Salt levees is essential to implement the Bay Trail Plan" is simply not true. As you are well aware, the current alignment for the Bay Trail in the South Bay does not fall on any of the Cargill Salt's operational property. Mr. L. Craig Britton - September 24 P 1991 Page 2 Where possible, we have tried to encourage location of the Bay Trail onto publicly-owned and maintained lands more appropriate for trails. And we believe that we have played a role in expanding the amount of bayshore lands available for recreational and other public uses. In the past decade, we have .donated or sold at below market value more than 1,500 acres of lands not in active salt production to public agencies and non- profit groups. Some of those properties are now links in the Bay Trail system. The Ravenswood Open Space Preserve, as an example, exists because of Cargill's willingness to cooperate with your district. Cooperation in the future will require a level of trust that will be difficult to reach in view of your August 23 letter. Finally, common courtesy would have dictated a copy of your comments be sent to Cargill Salt. Along those lines, a copy of my letter is being sent to the Board of the District so board members can be apprised of our feelings. truly yo s, Robert C. Douglass g i, Manager, Real Prop ty RCD\303 :hey I cc: Board of Directors, MROSD MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 23 , 1991 Regulatory Branch U. S . Army Corps of Engineers San Francisco District 211 Main Street San Francisco, CA 94105 SUBJECT: Response to Public Notice 19009E98 (Leslie Salt Dredging) To Whom It May Concern: The Midpeninsula Regional Open Space District owns and operates two Open Space Preserves in the baylands south of the Dumbarton Bridge on the west side of San Francisco Bay: Ravenswood (372 acres) and Stevens Creek Shoreline (55 acres) . These preserves are part of a chain of public lands along the bay shore, ultimately planned to be connected around the entire perimeter of the Bay by the Bay Trail . Recreational access to some Leslie Salt levees is essential to implement the Bay Trail Plan. A point not covered in your report is the potential negative impact of dredging on recreational use of the levees . The unconsolidated mud piled atop a levee prevents trail use for several years. It is imperative that the Bay Trail become an uninterrupted recreational route around the Bay. The proposed dredge lock activity would result in substantial undesirable impacts to the aquatic ecosystem of the bay, as detailed in your report. The District is concerned with these cumulative impacts , particularly the loss of marshland, in view of the historic loss of marshland around the bay. With the recent increase in understanding of the extent of the impacts , mitigation should now be required, even though Leslie Salt historically maintained their salt ponds this way without mitigation. Thank you for the opportunity to comment. If you have further questions , please contact me at (415) 949-5500 . S4'ncerely, -4 — Britton,�:: IZV 1�h L. Craig Britton, SR/WA Acting Land Manager LCB :mld Al.41 201 San Antonio Circle, Suite C-135 • mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679 CrInemiNfiniger HethenCren(h 8ojrdi)1D,wcror%RK hard Bishop,Betsy Crowder.Kithenne Duffy.Nonerte Hznko,Teens H"shaw.Robert MC Kthbin.Edward Shelk-Y v MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ���,�• ..---� Ravenswood Open Space Preserve � s ` E3 L G 4�B Li Ravetisy,Qo £7tnt f � � : :::�.. .J:-:iJ:::: .. -.:J:J::::'..:.... , ...,.niln,>i.)w........v.••.+f.:t::v.v v:: .::::.?�-:i:::::-.::-::v::.. ' E.�P HM Zfl 4�� s�Ptt"i7- r 'rD tJ R'S�7aI'xA CT o e �Ea A z 4 t F .........,F Ca r.a FoFrt F z _ F u r�i ba t'�orx �f 1 , . ...:...: ....... RAVENStiJGOD OPEN f � SPACE PRESERVE PORTION "'!'" .s:r.. SALT ._ SERVATION DECK ; � PENDING AQUISITION ; (RAVENS4lOOD DRILL) �ftas�r . �� _ ` , a PEDESTRIAN RIDGE c` ;Q �"-" ���sL EAST PALO ALTO. 1' ` > � � ": " PORTION ION z 2 �.::. I E :, ii�: •.s. . tFEt f PALO ALTO BAY LANDS ' 'i ' c :��':::1:�'•tiST va — •��:• i,�.' � ,` is .� = I Z� SALT / ;! EVAPORATIORS 'Stevens Cre6k I 1 'ti . Shoreline Nature Stud- AreaX. --BOUNDARY _ � �; .-__ oe.a i'ew I ---_IDispof unt n o , fq 1_ — _ horeli Park <F T� - , ................. / AM K� -�'--= aM 2: View LE �•� _��� � i rs �u OF1QTXtN' �VIE�Vr -CITY BOUNDARY 1 ZI < 2j ii�i ;f i y r ; r✓�, ��� J Q L r` STON• ... , •R I ;i: \—s ono .BM =i: A L A I R _S_T A 'LLZ -N_ ` I /5 :1` i I �4♦ �L' �� L 'r ` `i -BM 14 }'sett S�i- _ - -- �--�_` - !5 � -10 .. AbIES F y{.:; s BM�Z5 �Rr;,SE CH I.' :i 9},`• �3J sty%•' �ER Zfl ROCK �--,J,' zs : ,hi 0 F F'E T T �F I E L D / Crittenden Sch "T • N i >�� �� '�— .��CI� 'ABM 36s. o qr. d_��j 1 ♦. 1. ::?� ,� o I`i�;�• =���hl' // 'Ir..�1 ` 1//r �i �y ^ �j 11.3 • ? �J/ 5 'el A • '��A l NAVAL pI��� �� ''• /� fT �i , - t,y _ '�• - -�VIE���O�,G C I .7 1.7 eT / • - • 1 , '� _ NDUNIAIN V/W } SNOREUNE P '.1 1.7 17 _ J ::.� !TY -\ • r• Ana •o.,� ��, FIELO 1 1.4 ♦ •res•Fs ctnEP NAVAL :.+ • `a°' or.s+...or °r't� a6 �' �•o •f- AIR STATION EXHIBIT A — SITE MAP (USGS) '' 5 •`'� Y •' = c'~ '��Mtn. ' a°•,�" ••,,r..F a C:{ V o -1.4 .4 view ," STEVENS CREEK SHORELINE % Ld +g i v. l05 .7 fi i NATURE STUDY AREA Are =.Altos ,F' 1.2 • lOs Altos rl 3. nation e la SunnpYale y 1" = 2000 NORTH Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: October 4 , 1991 SUBJECT: F. Y. I . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 2, 1991 Planning Commission Santa Clara County 70 West Hedding San Jose, CA 95110 Subject: Trail Dedication Policies and Practices i Dear Planning Commissioners: The Midpeninsula Regional Open Space District supports adoption of the Santa Clara County's Trail Easement Dedication Policies and Practices dated August, 1991. We encourage you to leave the original document intact and reject the three proposed amendments. In the nearly twenty years that the Midpeninsula Regional Open Space District has been in existence, the District has strived to create a greenbelt of recreational lands on the peninsula. In many instances, our lands adjoin County park lands. It is this corridor of public lands and trails, readily accessible to the residents of the peninsula, that has helped to make Santa Clara County a desirable place to live. The District is very committed to working with the San Francisco Bay Area Ridge Trail Council to complete the 400-mile trail along the ridges encircling the San Francisco Bay. We are also very involved in planning the San Francisco Bay Trail. Both of these trails may become dependent upon the County's Trail Dedication Policies for completion. Please leave the August, 1991 document intact so that this may happen. Sincerely, Nonette Hanko President, Board of Directors 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Testimony to House Subcommittee on National Parks and Public Lands by Herbert Grench, General Manager Midpeninsula Regional Open Space District Mr. Chairman, Members of the Committee: Thank you for the opportunity to appear today in support of HR2062, a bill to extend the boundary of the Golden Gate National Recreation Area to include 1,257 acres in San Mateo County, California. I am Herb Grench, representing the Midpeninsula Regional Open Space District of which I am General Manager. The Midpeninsula Regional Open Space District, operating in San Mateo and Santa Clara counties on the San Francisco peninsula, is a special district established by voters and operating under the California state law. The District is under the policy direction of a seven member elected board of directors. Since 1972 we have acquired almost 35,000 acres of open space for public use and enjoyment. Our political boundaries include 16 cities and 550,000 residents within a 330 square mile area. With the establishment of the Golden Gate National Recreation Area in San Mateo County, it was our hope and that of local county and municipal parks departments, that the Phleger property would eventually become part of the GGNRA, thus linking the rare and beautiful corridor of federally protected lands with those many thousands of acres owned by local public parks entities. From the maps you have been given, you can see the property's strategic location and its importance to the existing GGNRA lands as well as to the other protected public lands. It is immediately accessible to millions of local citizens and visitors by public transportation and highways. Even beyond its important location, the enormous resource value of this land is reason enough to recommend its inclusion in the park. The creation of such a wildlife corridor and expanse of protected, natural lands adjacent to a highly urbanized congested area demonstrates the value of people working together doing what some 201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 ° Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop thought to be an impossible task. Your support of HR2062 is essential in this plan. We always felt that if our hopes were to be realized it would be necessary to make the addition of this land to the GGNRA through a partnership with the Park Service. Although this committee is meeting to discuss the boundary extension, not the financing of the project, I know it will be important to you to know that if legislation is enacted which will fund $10.5 million of this $25 million acquisition, MROSD will provide $6 million in local tax dollars to join the $8.5 million in private funds to complete the acquisition package. This partnership between non-profit land conservancies, private parties, our local governmental agency and the federal government would be a fitting testimonial on the occasion of the 75th anniversary of the National Park Service. In addition, we have met with the staff of the GGNRA and have offered to manage the property for five years without cost to the Park Service if this will help in making the acquisition a reality. I'd also like to say a few words about the Peninsula Open Space Trust (POST) at this point. MROSD helped to found the organization almost 15 years ago. We have worked together on over 50 park and open space projects since that time. Working with our district as well as county parks departments, state agencies, the Fish and Wildlife Service and other non-profit organizations, POST has raised more funds, taken more risks and saved more land than we ever envisioned would be possible. Their extraordinary success is due to hard work, skill and dedication. By design, POST retains a very small (only 5 employees), well-trained staff so that they are able to focus their resources directly on land-saving work. From experience I know POST keeps its promises and delivers. In the Phleger projects we have a private i P r partner that has "bet the store" but has the ability to put the pieces of this very complex project together. The beauty of this land, its important natural resources, its recreational use and its strategic location make the acquisition of the greatest importance. Locally, both the public and private sectors have made unprecedented contributions to its protection. I i respectfully urge you to recommend adoption of HR2062. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: October 9, 1991 SUBJECT: F. Y. I . October 9, 1991 HISTORY OF TEAGUE HILL OPEN SPACE PRESERVE ACQUISITION In 1988 the Midpeninsula Regional Open Space District acquired 624 acres of land in Woodside from Willen Corporation and Block Brothers Industries for $7 . 5 million. The property had been variously referred to over the years as the Summit Springs property, Kings Mountain property or Erickson property. In order to fund such a large project in the short time available, the District temporarily relied upon a combination of a $6. 5 million state Proposition 70 grant and regular District revenues, primarily property tax income. This one grant project used all but $2. 5 million that was available in the proposition for six projects District-wide. As part of the decision to acquire the property while attending to other high priority acquisition projects, the District also decided to recapture a portion of the purchase price through sale of two 35 acre parcels that were determined through a planning study to be the most developable without destroying the integrity of the 554 acre remainder. The District ' s appraisal for the 70 acres was $3.6 million, a figure substantiated by offers to purchase by private parties (even after the 1990 rezoning by the Town) . Subsequently, the District agreed to sell the 70 acres to the Town of Woodside at a bargain price of $2 . 5 million provided the land was guaranteed as permanent open space. Another challenging opportunity arose this year as the Peninsula Open Space Trust put together a proposed funding package for the $30 million Phleget estate property in Woodside. The District pledged $6 million toward the purchase of this 1 , 300 IIIacre site with the understanding that the sale of the 70 acres to Woodside or a private party would help meet that obligation. Thus, proceeds from an assessment district would not only protect the remaining 70 acres and contribute to the Teague Hill Open Space Preserve purchase, but would also help insure the preservation of the 1 , 300 -acre Phleger property. MIDPENINSOLA REGIONAL OPEN brACE Mbi I tut.► Teague Hill Open Space Preserve ` ..::: ..:.... fin...,.... n,......n. n .. ............. ........... ..v::::::::::n .: �:::.v;::::::.� ... iix.}:•. .....:........... ..........:.,... .......n,..,.: a ... ....... . ........... I ROAD .� ,.......... .::,........... �:.�:.>:S.J}::t . ....... ..n....,.y......:L.�.. ,.. Fw- .. ,.. .............. .. . :.... ........... KINGS MOUNTAIN .:......: .....:. .rn•.:`hLv. :.:,J.:. ............v...v}w• .. .n} n.n:... .. �..k.. � �:::"�RiCr.}.}ri:j':'.`}.;5.: ;g.. n.. ... ...... ....... .n. .... .... .. vC ^�-. ........ �..p9y,,h,.. ..... .nn. ....,... �.� ��::.c.,?�:. �:5::.�:a::.::. .. ..... n... -r. ...'� .... ':.:::r'::': <}n... ... .'� : "�...::.:f� �:. .. ....... �♦:' 1. ✓' .::F � :':vt°d:'t::;:`:,}:':o:t'!.:::::::::..,:.:'�.: ,... .... .................... .. ...... .:... .,�..... HUDAOPARK . .. ,..S.......:.. .:. ..: ..::..'. J�.:..,.�RT CUNTY .:.::... ...... .:..;::::�:". _....:....:V...... ...j.... ,....:...... 3...... .. ..n .14 f.. F .. .... .... ...........n .........v.. ' SIMA CREEK REDWOODS PURI 7,7 OPEN SPACE PRESERVEwi �.. ,`eta C• r � 'h •;•'�� I _� _ ) 1' '--ti .'�� / y .y,Y.Jsd y J •. V ... ...:�:: Y !a h I PARCEL ONE . o �J l 11 SSI" , I PARCEL TW 4 SAN MATEO COUNTY RIDING & HIKING TRAIL Z- \� \\ a t Zle EL CORTE DE MADERAOx OPEN SPACE PRESERVE KEGG�`4 ;,. ,, : ;` ;.t:�{: 'C S POINT *: �'�, ' ' — r WUNDERLICH' " ` S COUNTY PARK r--'F ,• l'(. � W.5 w /; ,..'N-'"'"'.M`�� \ _ it --.....-• � 'r-"'�1- !: - �1i., f ;,rf � , � ��,�yT' �F „ y k ,;�• � �,f L ��.a... �~� ��}. ._../!�"'�'j(3J � : 3OCTO ER 4, 1991 NOT LD ' �: TEAGUE HILL OPEN SPACE PRESERVE (The following information is taken primarily from "SAWMILLS IN THE REDWOODS, Logging on the San Francisco Peninsula, 1849-1967," by Frank M. Stanger, published by the San Mateo County Historical Association.) In Spanish times pre-sawmill lumbering occurred at the fringe of the forests around Portola Valley and Woodside to provide hand made shingles, hand hewn logs, and hand cut lumber for the- construction of the Presidio, Mission of San Francisco, Mission Santa Clara and the pueblo of San Jose. i Sawmilling in the Bear Gulch area, just to one side of Teague Hill was started by San Mateo County's first really large lumbering enterprise: the Baker & Burnham Gang Mill. This highly mechanized operation was set up in 1852. The exact site of the mill is not known but it was perhaps eq uipment have e been foun d. rha s near the upper end of Tripp Court where small pieces of heavy eq p It was surrounded by large redwoods in both Bear Gulch and Appletree Gulch (on the preserve) to the north. A financial crash and legal trouble ended this operation in 1855. The former creditors of Baker & Burnham became the owners and, headed by M.S. Gibbs, moved the mill to Squealer Gulch Creek, just to the other side of the current preserve. The area continued to be logged under various owners, and in general was timbered out about 1865. Shingle mills could continue to rate because the could work in canyons too deep or remote for lumbermen, by using pack o y Y P Pe. e out. animals to the shingles carry . The first shingle mill in San Mateo County was introduced in 1856 by John G. Moore in Tripp Gulch, now a part of Teague Hill Open Space Preserve. The mill was later acquired by Dr. Tripp, a prominent Woodside merchant (and the town dentist), who for some time operated the small o machine • an innovative new process in the 1850s. Lumber lumber yard. He made shingles with machinery; went out via Old La Honda Road and past Woodside's Whiskey Hill, heading for Redwood City. Woodside reached its peak as a lumbering center about 1859-60. The County of San Mateo was formed by separation from San Francisco County in 1856, and the lumber port of Redwood City was chosen as the seat of county government. Andrew Teague was elected San Mateo County District Attorney in 1869. Presumably Teague Hill was named after Andrew Teague. Teague Hill, in addition to its historical significance, is valuable for the watershed; viewshed and wildlife habitat it provides. Current use of the property is limited to hiking and equestrian use. Local residents gain access from nearby Woodside roads. Regional access is currently available from Kings Mountain Road along the California Riding and Hiking Trail that connects with Huddart County Park. Please call Midpeninsula Regional Open Space District (415) 949-5500 for more information. , STATE OF CALIFORNIA—THE RESOURCES AGENCY ou 0 7 1991 PETE WILSON,Governor OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATIONS P.O.BOX 942896 SACRAMENTO 9429"001 (916)445-8006 FAX:(916)322-6377 (916) 653-6624 FAX (916) 653-9824 October 4, 1991 Mr. Herbert Grench, Director Midpeninsula Regional Open Space District 210 San Antonio Circle Mountain View, California 94040 Dear Herb: In conjunction with the 45th National Preservation Conference in San Francisco, you are cordially invited to receive the 1991 Governor's Historic Preservation Award during the "Welcome to California" reception on Tuesday evening, October 15, from 7:00 to 8:30 p.m. , at the Merchants Exchange Building, 465 California Street, San Francisco. This event will bring together historic preservationists from throughout the country, sponsored by the California Preservation Foundation. Governor Pete Wilson has designated his Secretary for Resources, Douglas Wheeler, to present these annual awards at a brief ceremony about 7:45 p.m. Secretary Wheeler will recognize your outstanding contributions to historic preservation and convey the Governor's appreciation for your efforts. We hope that you will join us on the 15th. Please call Sandra Elder, Public Information Coordinator, at (916) 653-0877 by October 10, with the names of those who will attend from your organization so that complimentary { reservations in your names can be held at the door. If you are unable to attend, please let Sandra know, as we shall make other arrangements for you to receive the Governor's Award. I look forward to congratulating you in person in San Francisco. Sincerely, Kathryn Gualtieri � State Historic Preservation Officer G-7385H I Claims No. 91--18 Meting 91-30 Date: Oct. 9 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1324 548.38 Acme & Sons Sanitation Sanitation Services 1325 2,358.83 Alves Petroleum, Inc. Fuel 1326 124.00 AT&T Telephone it Service 1327 150.00 Baron Welding & Iron Works, Inc. Equipment Repairs 1328 4,700.00 Louis Bordi Road Grading 1329 1,700.00 R. E. Brooker Company, Inc. House Repairs 1330 115.98 Dick Bruhn, Inc. Uniform Expense 1331 85.31 California Water Service Company Water Service 1332 8,899.11 Callander Associates Architectural. Services ` 1333 194.32 Catering By George Safety Fair Lunch 1334 66.00 Coastside Gas Service Propane Gas 1335 74.53 Sheryl Marioni Cochran Private Vehicle Expense 1336 45.50 College of Natural Resources Resource Document 1337 27.50 FAKard Corekin Plumbing Repairs 1338 55.00 Steve Covarrubias Reimbursement--Tuition 1339 97.84 Alice Cummings Reimbursement--Resource Document 140 53.58 The Darkroam Prints 1341 89.71 DeLuxe Business Formes & Supplies Office Suppliesi 1342 4,220.00 Lester L. Dick Construction Hergerton Demolition 1343 57.60 EV1ED Campany, Inc. Signs 1344 251.96 Emergency Vehicle Service Emergency Light and Installation 1345 972.00 Employment Development Department Unemployment Insurance 1 1346 72.87 John Escobar Reimb ement--- 1 Meeting Expense 147 197.34 ENpedite Graphic Products Signs 1348 384.50 David B. Fishier Legal Services 1349 11161.00 Flinn, Gray & Herterich Insurance 1350 38.20 Foster Bros. Security Systems Locks and Keys 1351 46.26 Donna Gallagher Private Vehicle Expense 1352 107.75 Goodco Press, Inc. Printing f 1353 17.75 Graphicstat, Inc. Map Artwork 1354 1,881.00 Greenbelt Alliance Conference &pense 1355 368.00 Herbert Grench Reimbursement--Conference, Expense 136 600.00 Heather Heights Road Association Annual Road Maintenance 1357 215.27 Hengehold Motor Company, Inc. Van Rental � 1358 355.77 The Home Depot Field Supplies 1359 1,739.93 J. Thomas Jakaby Consulting Services 1360 56.69 Kaiser Cement Corporation Base Rock 161 316.70 Konica Business Machines Maintenance Agreement 1362 46.20 Judy Law Private Vehicle Expense 1363 123.50 Lee & Associates Field Equipment j 1364 760.00 Lincoln Institute of Land Policy R,egi tration--S.Cochran and M.Gundert 1365 200.00 Lopez Gardening Gar er--D.istel Circle 1366 151.26 Los Alto Garbage Campany Dumpster Rental 1367 200.00 ana's Building Maintenance Janitorial Services--Distel Circle f 1368 93.10 Maria l Cam . Office Building lies Supply Z�Y � Supplies 1369 173.90 Marshall and Swift Resource Documents 1370 43,664.80 Mission Valley Fora Dump Truck 1371 55.00 Ralph Molica Reimbursement--Tuition 1372 30.27 Northern Energy Pro 1 1 i Claims . 91-18 Meeting 91-30 Date: Oct. 9, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1373 1,101.65 Pacific Bell Telephone Service 1374 962.71 Pacific Gas & Electric Cmpany Utilities 1375 1,305.00 Jack Paulin Tree Specialists Tree Trimming 1376 858.74 Pine Cone Lumber Company Field Supplies 1377 1,700.00 Town of Portola Valley Windy Hill Development Plans 1378 150.00 Price Club Field Supplies 1379 7,812.50 Prudential Bache Note Fees 1380 7.65 Rancho Cobbler & Cleaners Uniform Expense 1381 46.89 Rancho Harare Field Supplies j 1382 14,178.65 Restroom Facilities Corporation Restroom. Units 1383 809.97 's Repair Service Vehicle Repairs 1384 5,292.56 Santa Clara County Patrol Services Sheriff's Department 1385 2,000,000.00 Santa Glem Eard Title Land Purchase--Vidavich John T. Vidovich, Kathy A. Kathy A. Tomaino f Mary Jane and Michael A. Vidovitch 1386 2,019.89 Santa Cruz Title Company Title Policy--Deka, Property 1387 7,775.84 Seafirst Bank Note Paying Agent 1388 46.94 Shell Oil Company Fuel 1389 3,600.00 George Sipel Associates Professional Services 1390 100.93 Skyline County Water District Water Service I 1391 77.52 summit Industrial Equipment Inc. Field Equipment 1392 372.48 Summit Uniforms Uniform use 1393 90.00 Teshin Associates Typography for "Open Space" 134 800.00 The Trail Center Trail Construction ! 1395 62.48 University Art Center Art Supplies 1396 510.00 Valley Title Company Preliminary Title Reports 1397 497.90 Value Business Products EqLdpment Repair 1398 76.91 WMI Services. Port-O-Let Sanitation Services 1399 313.33 Del Woods Private Vehicle Expense 1400 82.11 The ;Abrki ° n's Emporium Uniform Expense 1401 350.00 * Graniterock Concrete Concrete 1402 62.79 * Porter Rents Equipment Rental 1403 76.33 Emma Johnson Reimbursement--Supplies and Private Vehicle Expense ! 1404 1,162.21 L. Craig Britton . rent--Conference Expense 1 1405 307.27 Petty Cash Local Meeting Expense, Film and Developing, Office and Field Supplies, ! Resource Documents and Private !� Vehicle Expense { *Emergency checks issued on October 7, 1991. I 3 1 Claims No. 1-18 Meeting 91-30 j Date: Oct. 9, 1991 I f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description - ---_ _______ 1324 548.38 Acme & Scans Sanitation Sanitation ServicesM 1325 2,358.83 Alves Petroleum, Inc. Fuel 1326 124.00 AT&T Telephone Repair Service 1327 150.00 Baron Welding & Iran Works, Inc. Equipment Repairs 1328 4,700.00 Louis Bordi Road Gracing 1329 1,700.00 R. E. Brooker Company, Inc. House Repairs 1330 115.98 Dick Bruhn, Inc. Uniform Expense 1331 85.31 California Water Service Company Water Service 1332 81899.11 Callender Associates Architectural Services 1333 194.32 Catering By George Safety Fair Lunch 1334 66.00 Coastside Gas Service Propane Gas 1335 74.53 Sheryl Marion Cochran Private Vehicle Expense 1336 45.50 College of Natural Resources Resource Document 1337 27.50 Edward Corekin Plumbing Repairs 138 55.00 Steve Covarrubias Reimbursement--Tuition 1339 97.84 Alice Cummings Reimbursement--Resource Document j 1340 53.58 The Darkroom Prints 1341 89.71 Deluxe Business Forms & Supplies Office Supplies 1342 4,220.00 Lester L. Dick Construction Hercgerton Demolition 1343 57.60 EMED Company, Inc. Signs I 1344 251.96 Emergency Vehicle Service Emergency Light and Installation 1345 972.00 Employment Development Department Unemployment Insurance I 1346 72.87 John Escobar Reimbursement--Local Meeting &cpense 1347 197.34 Expedite Graphic Products Signs 1348 384.50 David B. Fisher Legal Services 1 1349 1,161.00 Flinn, Gray & Herterich Insurance 1350 38.20 Foster Bros. Security Systems Locks and Keys 1351 46.26 Donna Gallagher Private Vehicle Expense 1352 107.75 Goodco Press, Inc. Printing 1353 17.75 Grphicstat, Inc. Map Artwork 1354 1,881.00 Greenbelt Alliance Conference Expense 1355 368.00 Herbert Grench Reimbursement--O:)nference Expense 1356 600.00 Heather Heights Road Association Annual Road Maintenance 1357 215.27 Hengehold Motor Company, Inc. Van Rental 1358 355.77 The Home Depot Field Supplies 1359 1,739.93 J. Thomas Jakaby Consulting Services 1360 56.69 Kaiser Cement Corporation Base Rock 1361 316.70 Konica Business Machines Maintenance Agreement 1362 46.20 Judy Law Private Vehicle Expense 1363 123.50 Lee & Associates Field Equipment 1364 760.00 Lincoln Institute of Land Policy Registration--S.Cochran and M.Gundert 1365 200.00 Lopez Gardening Gardner--Distel Circle 1366 151.26 Los Altos Garbage Company Dumpster Rental 1367 200.00 MaganaIs Building Maintenance Janitorial Services--Distel Circle 1368 93.10 Marin Supply Company Office Building Supplies 1369 173.90 Marshall and Swift Resource Documents 1370 43,160.59 Mission Valley Ford Dump Truck 1371 55.00 Ralph Molica Reimbursement--Tuition 1372 30.27 Northern Energy Propane Fuel I I i Claim No. 91--18 Meeting 91-30 i Data: Oct. 9, 1991 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1373 1,059.91 Pacific Bell Telephone Service 1374 962.71 Pacific Gas & Electric Company Utilities 1375 1,305.00 Jack Paulin Tree Specialists Tree Trimming 1376 858.74 Pine Cone Lumber Company Field Supplies 1377 1,700.00 Town of Portola Valley Windy Hill Development plans 1378 150.00 Price Club Field Supplies r 1379 7,812.50 Prudential Bache Note Fees 1380 7.65 Rancho Cobbler & Cleaners Uniform Expense 1381 46.89 Ranchos Hardware Field Supplies 1382 14,178.65 Restroom Facilities Corporation Restroom Units 4 1383 809.97 Ray's Repair Service Vehicle Repairs 1384 5,292.56 Santa Clara County Patrol Services Sheriff's Department 1385 2,000,000.00 Santa Clara Land Title Land Purchase—Vidovich 1386 2,019.89 Santa Cruz Title Company Title Policy--- Property 1 1387 7,775.84 Seafirst Bank Note Paying Agent 1388 46.94 Shell Oil Company Fuel 1 1389 3,600.00 George Sipel Associates Professional Services 1390 100.93 Skyline County Water District Water Service 1391 77.52 Summit Industrial Equipment Inc. Field Equipment 1392 372.48 Summit Uniforms Uniform Expense 1 1393 90.00 Teshin Associates Typography for "Open Space" 1394 800.00 The Trail Center Trail Construction 195 62.48 University Art Center Art Supplies I 1396 510.00 Valley Title Company Preliminary Title Reports I 1397 807.81 Value Business Products Equipment Repair 1398 76.91 MI Services: Port-O-Let Sanitation Services + 199 313.33 Del Woods Private Vehicle Expense } 1400 82.11 The Workingman's Emporium Uniform Expense I i' 1 Ir