Loading...
HomeMy Public PortalAbout19920122 - Agendas Packet - Board of Directors (BOD) - 92-02 Open Space ..........., MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-02 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 January 22 , 1992 Mountain View, Calif . (7 : 30) * ROLL CALL APPROVAL OF MINUTES (December 11 , 1991 and January 8 , 1992) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 : 45) 1 . Appointment of Board Committees - R. McKibbin (8 :05) 2. Twentieth Anniversary Committee Report - B . Crowder (8 : 25) 3. Approval of Furniture Budget and Architect Fees C . Britton (8 : 40) 4 . Appointment to Bay Area Ridge Trail Council - H. Grench (8 : 45) 5. Proposed Addition of White et al . Property to Sierra Azul Open Space Preserve - C. Britton Resolution Authorizing Acceptance of Purchase Agreement , Authorizing officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve Lands of White, et al . ) (8 : 55) *** 6 . Final Adoption of the Preliminary Use and Management Plan for the Slate Creek Property Additions (Lands of Landre et al . ) to Long Ridge Open Space Preserve - R. McKibbin 7 . Notice of Contract Completion and Acceptance of Work for the Vehicle Bridge Construction Project at Rancho San Antonio Open Space Preserve - R. McKibbin 201 San Antonio Circle,Suite C-1 35 - 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 INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSTON (Litigation , Land Negotiations , Labor Negotiations , and Personnel Matters) ADJOURNMENT ANOTT: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. 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 ether 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 PAJBLTC MEETINGS There will be a meeting of the Twentieth Anniversary Committee Monday, February 10 , 1992 beginning at 1 : 00 P.M. at the District office . The purpose of the meeting will be to plan events for the District ' s twentieth anniversary. There will be a meeting of the Legislative Committee Monday, February 10 , 1992 beginning at 4 : 00 P.M. at the District office. The purpose of the meeting will be to discuss the District ' s legislative program. There will be a meeting of the Trails Committee Tuesday, February 11 , 1992 beginning at 7 : 30 P.M. at the District office. The purpose of the meeting will be to continue work on the District ' s trail use guidelines . i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS January 8 , 1992 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 :39 P.M. Members Present: Ginnv Babbitt , Richard Bishop, Betsy Crowder, Kay Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , Mary Hale, John Escobar, Del Woods , and Deborah Morvay-Zucker. II . APPROVAL OF MINUTES December 18 , 1991 Motion: R. McKibbin moved that the Board accept the minutes of December 18 , 1991 as presented. G. Babbitt seconded the motion. The motion passed 7 to 0 . III . WRITTEN COMMUNICATIONS D. Morvay-Zucker stated that there were no written communications . N. Hanko stated that she received a letter from Dianne McKenna advising postponement of the Santa Clara County Board of Supervisor ' s public hearing on trail policy until January 28 and urging attendance. IV. ORAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA N. Hanko stated that it would be necessary for the Legislative Committee to meet before the next Board meeting and that R. McKibbin requested that the appointment of the committee be added to the agenda. Motion: R. McKibbin moved that the Appointment of Legislative Committee be added to the agenda . B. Crowder seconded the motion. The motion passed 7 to 0 . The agenda as amended was approved by Board concensus . VI . BOARD BUSINESS A. Election of Board Officers for 1992 (Report R-92-02) By signed ballot, the Board elected R. McKibbin to serve as President , B. Crowder to serve as Vice President , G. Babbitt to serve as Treasurer, and T. Henshaw to serve as Secretary. J. Fiddes counted the ballots that are available for public inspection. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 - Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench 8oard of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-01 Page 2 B . Requested Relay Station: Mt . Umunhum and Related Policy (Report R-92-08) N. Hanko stated that she received a request from U. S. Geological Survey to locate a relay station on Mt . Umunhum. She recommended that the Board honor an exemption of fee for the installation because U. S .G. S . was suffering budget cuts in staffing and did not have funds to pay District fees for the installation. She explained that the relay station was needed because U. S .G.S . wanted to convert its data collection from telephone to radio communications because telephone communications were interrupted by the October 1989 earthquake . She also recommended that the Board develop a policy to exempt fees for government agencies for uses deemed to be in the best interests of the public on a case by case basis . She introduced John Van Schaak of U. S.G. S . He stated that the site, about 100 feet from an existing monitoring station, would secure the communications in case of an earthquake , allowing U. S .G. S . to collect data from the south bay without having to use telephone lines . G. Babbitt stated that she supported approval of the request under the District ' s Good Neighbor Policy. H. Grench stated that the fee negotiated with U. S .G. S. was ten per cent of market value, that such an approval would set a precedent , and noted that the District acquired the land as a purchase from the federal government. He also stated that permanence of the site was a consideration given that planning for the top of Mt . Umunhum had not yet been done. D. Woods stated that because of the visual impact the District should take every precaution in locating the site . He discussed the importance of a visual analysis and the long term visual impact on the mountain top. He added that U.S .G. S . receives compensation from the District for the materials the agency provides, which are also used by the District for public benefit . He emphasized the good ongoing relations between the District and U. S .G. S . C . Britton addressed issues raised during negotiations with Mr. Van Schaak in reference to District policies , specifically, scenic concerns , consolidation of facilities , and no new sites except for extreme cases . He stated that the most recentiv approved C & C Equipment site at Black Mountain was a consolidation with an existing site , that C & C equipment pays full market value rent plus 10% of gross profits , and that extensive visual analysis for location of the site preceded site approval . He stated that consideration of the proposed installation as temporary is impractical because the data being obtained from the specific location over a period of years may make relocation undesirable to the agency and that any such installation should be considered by the Board as permanent . He Meeting 92-01 Page 3 noted, additionally, that U. S .G. S . has six ground facilities on District land at no cost , and that Stanford University and the F.A.A. pay fees for their use of communications sites on Black Mountain that may also be considered of public benefit . He stated that he offered the Mt . Umunhum site to U. S .G. S . for a fee of $60 per month, 1/10 of market value . He stated that the planned site is not a good site and that no visual analysis has been done on the location but that an agreement could be made if the installation was temporary, could be removed with 60 days notice and could be moved to the P.T.& T. building where the District will place its own repeater. Mr. Van Schaak stated that the tower will be used as a repeater station for seismic data collectors and transmitters , and that it has other sites for regular collection of seismic data. He stated the agency' s need to erect the tower without cost in a low radio noise location, and that he would have the authority to remove the site upon 60 days notice. Motion: N. Hanko moved that the Board honor an exemption of fee for U. S . Geological Survey's request for a relay station and direct staff to negotiate an agreement with U. S .G. S . to locate it at a site that is agreeable to both parties . R. Bishop seconded the motion. Discussion: K. Duffy recommended that the fee be waived and that after two years a fee schedule be established with an escalator. T. Henshaw stated that she opposed a permanent waiver of fees . Motion T. Henshaw moved to amend the motion to state that to after a two year period a fee schedule would be Amend : imposed. K. Duffy seconded the motion. Discussion: T. Henshaw clarified that negotiation could include a fee schedule or services-in-kind. Mr. Van Schaak stated that he could not make commitment for services-in-kind or fee in anv amount and that if a fee were required he would withdraw the request . D. Woods asked if the Board would require and pay for a visual analysis by a consultant since U. S .G. S . would be unable to pay for the analysis . R. McKibbin responded that because the site location would be temporary that the visual analysis should be waived. The motion to amend passed on the following vote: Aves : G. Babbitt , R. Bishop, B . Crowder, K. Duffy, and T. Henshaw. Noes : N. Hanko and R. McKibbin. The amended motion passed 7 to 0 . Meeting 92-01 Page 4 C . Action Plan Review (Report R-92-01) The Board determined that individual Board members would review the plan with staff as needed. D. Appointment of Budget Committee (Report R-92-04) R. McKibbin stated that his appointment recommendations for the Budget Committee were Teena Henshaw, Ginny Babbitt , and Kay Duffy. Motion: R . Bishop moved that the Board approve the appointment of Teena Henshaw, Ginnv Babbitt , and Kay Duffy to the Budget Committee . T. Henshaw seconded the motion. The motion passed 7 to 0 . E. Appointment of Legislative Committee R. McKibbin stated that his appointment recommendations for the Legislative Committee were T. Henshaw, B. Crowder, and N. Hanko. Motion: G. Babbitt moved that the Board approve the appointment of Teena Henshaw, Betsy Crowder, and Nonette Hanko to the Legislative Committee. K. Duffy seconded the motion. The motion passed 7 to 0. T. Henshaw requested that a meeting of the Legislative Committee be scheduled as soon as possible . F. Renewal of Investment Authority (Report R-92-03) Motion: B. Crowder moved that the Board adopt Resolution 92-01 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Securities Allowed by Government Code. G. Babbitt seconded the motion. The motion passed 7 to 0 . G. Renewal of Contract with Legislative Consultant (Report R-92-01 ) Motion: T. Henshaw moved that the Board authorize the general manager to execute consulting services agreement with SRJ -Jackson , Barish and Associates . G. Babbit seconded the motion. The motion passed 7 to 0 . VII . INFORMATIONAL REPORTS B. Crowder reported that she would be attending the Peninsula Conservation League conference Saturday, January 11 . She also reported that she observed hang gliding at Windy- Hill on New Year ' s Day. H. Grench reported that dates would appear on all District publications. He stated a request by the League of Women Voters of Los Altos for a speaker from the District . R. McKibbin agreed to be Meeting 92-01 Page 5 the speaker. He also informed the Board that the Ridge Trail Council invited the District to appoint a member to the Ridge Trail Council board of directors . R. Bishop was considering the appointment . H. Grench reported that the Trails and Pathway Committee of Santa Clara County Intergovernmental Council may include a District Board member on its 1.5 member council . Additionally, he also reported that the 1992 Open Space Conference in Cape May has been canceled and that the District ' s $1000 contribution to the conference would be returned. C . Britton reported that the interior of the new office building was being demolished and that construction could commence prior to obtaining permits . He stated that the town council of the Town of Woodside would hear a full report for an assessment district proposal at their meeting of February 11 , 1992 . Additionally, he reported that he will give a talk on the District ' s eminent domain policies to the American Right of Way Association in Los Gatos . J. Escobar stated that L. McGuire, volunteer coordinator, was taking a leave of absence . He said that an administrative internship for field employees was being explored and could include working on the volunteer program. M. Hale reported that she participated as a judge for the annual California Park and Recreation Society publications competition. N. Hanko reported that the 20th Anniversary Committee had its first meeting and would meet again on Wednesday, January 15 at 4 : 00 P.M. VIII . CLAIMS Motion: N. Hanko moved that the Board approve Claims 92-01 . G. Babbitt seconded the motion . The motion passed 7 to 0 . Ix. CLOSED SESSION H. Grench announced that closed session would include personnel matters onlv. X. ADJOURNMENT The meeting was adjourned at 9 : 19 P .M. Deborah Morvay-Zucker Recording Secretary Claims No. 92-01 Meeting 92-01 Date: Jan. 8, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description --------------------------------------------------------------------------------------------------- 1755 1 ,750.00 AAA Furnace Company Furnace Installation 1756 159.33 Ace Fire Equipment & Service Fire Extinguisher Training 1757 47.63 Allen Equipment Company Equipment Parts 1758 5.68 Altos Print & Copy Laminations 1759 32.48 Arne Signs Signs 1760 102.80 AT&T Telephone Maintenance 1761 68.49 Bailey's Field Equipment 1762 247.03 Barron Park Supply Company Shop Supplies 1763 1 , 156.50 Binkley Associates Consulting Services 1764 70.40 Ruth Blanchard Private Vehicle Expense 1765 386.76 * City of Boulder Workshop Expenses 1766 348. 18 Bridge Radio Services, Inc. Radio System Installation 1767 33.72 California Water Service Company Water Service 1768 100.00 Coastside Proflame Propane Fuel 1769 893.54 Carsonite International Corp. Road Markers 1770 60.62 Central Stationers Office Supplies 1771 60.00 ** Computer Repair Services, Inc. Equipment Repair 1772 104.94 Edward Corekin Furnace Repair 1773 146.14 The Darkroom Film Processing 1774 35.00 Dittmer's Gourmet Meats Local Meeting Expense 1775 28.50 East Palo Alto Water District Water Service 1776 134.49 Egghead Software Computer Software 1777 93.00 John Escobar Reimbursement--Supplies 1778 26.00 Federal Express Corporation Express Mail 1779 3,668.70 First American Title Insurance Escrow and Title Fees Company 1780 479.70 Herbert Grench Reimbursement--Local Meeting Expense and Conference Expense 1781 49.64 The Home Depot Field Supplies 1782 1 ,361 .09 Jeda Publications Brochure Printing 1783 140.40 Jobs Available Advertisement 1784 62.88 The Ed Jones Company Badges 1785 83.35 Michael Jurich Reimbursement--Uniform Expense 1786 309.29 Konica Business Machines Maintenance Agreement 1787 64.77 Kwik Key Lock & Safe Company,Inc. Cabinet Repair 1788 21 .00 Town of Los Altos Hills Agendas 1789 135.03 Merwin Mace Private Vehicle Expense 1790 200.00 Magana's Building Maintenance Janitorial Services--Distel 1791 728.84 Maintenance and Service Heating Pump Repair Refrigeration Company 1792 87.73 Marie McGough Reimbursement--Staff Christmas Party 1793 193.77 Meyer Appliance Ranger Residence--Appliance 1794 293.50 Meyers, Nave, Riback & West Legal Services 1795 301 .71 Miracle Auto Painting & Repair Vehicle Repairs 1796 8.00 National Council of Teachers Subscription of English * Emergency check issued on December 23, 1991 . **Emergency check issued on December 30, 1991 . Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-37 REGULAR MEETING BOARD OF DIRECTORS December1l, 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 P.M. Members Present: Nonette Hanko, Robert McKibbin, Betsy Crowder, Ginny Babbitt, and Richard Bishop. Katherine Duffy arrived at 7 : 46 P.M. Member Absent: Teena Henshaw. Personnel Present: Herbert Grench, Craig Britton, Mary Hale, Jean Fiddes , John Escobar, Alice Cummings , Stanley Norton, and Joan Combs . II . APPROVAL OF MINUTES November 13 , 1991 Motion: G. Babbitt moved that the Board approve the minutes of November 13 , 1991 . R. McKibbin seconded the motion. Discussion: In response to a question from B . Crowder concerning discussion of Action Plan items as noted on page 5, paragraph 6 of the minutes , N. Hanko said that discussion of the items could be placed on a future agenda in January. R. McKibbin stated that the Board needs an opportunity to discuss Action Plan items before the Budget Committee meets . The motion passed 5 to 0 . November 20, 1991 Motion: R. Bishop moved that the Board approve the minutes of November 20 , 1991 . G. Babbitt seconded the motion. The motion passed 5 to 0 . 201 San Antonio Circle,Suite C-1 35 • 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 Meeting 91-37 Page two III . WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications : 1) a letter from Chris Santeramo , 1382 Page , #2 , San Francisco, urging the Board to consider purchasing Devil ' s Canyon; 2) two letters , dated November 20 , 1991 , from H. Haeussler, urging clearer trail signing on District preserves and suggesting a publication date be added to the Sharing the Trails brochure , and a third letter, dated November 30 , 1991 , urging the District not to proceed with the formation of an assessment district. J. Combs stated that responses to the first two letters were drafted for Board approval . C . Britton noted that in the draft response to Mr. Haeussler ' s letter , the words "Many of" should be inserted at the beginning of the next to last sentence in paragraph 12 , and the word "most" should replace "all" in the first sentence of paragraph 2 . N. Hanko , with the Board ' s concurrence , approved sending the replies . N. Hanko stated that she had received a letter from the Central California District Council of Carpenters . C . Britton suggested that this item be considered under Oral Communications . IV. ORAL COMMUNICATIONS Mel Sakata , 365 Woodview Drive , Morgan Hill , said that he represented the Central California District Council of Carpenters and reviewed the letter he had sent to the District concerning rejection of the low bid by E . W. Thorpe , Inc . and contract award to Roma Construction Corporation for the District ' s new office building. Mr. Sakata said that the Council challenged the responsibility of Roma Construction Corporation as a contractor and requested that the contract be awarded to E. W. Thorpe , Inc . S . Norton said that the Board had deter-mined a material deficiency in the Thorpe bid and had approved in writing the next highest bid. C . Britton reviewed the bid opening process , and said that a subcontractor list had not been included in the Thorpe bid, to which other contractors present had objected. Mr . Sakata said that the California Public Contract Code requires public agencies to award contracts to the lowest Meeting 91-37 Page three bidder, and said that rejection of the Thorpe bid was an error on the District ' s part. He said that the Code does not require the rejection of an original bid because of a partial subcontractor list. S . Norton stated that there is no requirement for the Board to reconsider its decision and award the contract to E. W. Thorpe , Inc . and that there had been no violation of the law. Mr. Sakata said that the Council is prepared to file legal action against the District. C . Britton stated that the matter should be discussed in Closed Session because of the possibility of legal action by the Council . Motion: R. Bishop moved that the letter from the District Council of Carpenters be referred to staff for consideration and response . M. Hanko seconded the motion. The motion passed 6 to 0 . Gibson Anderson, 19571 Farwell Avenue , Saratoga, said that he represented the Committee for Open Space Access , which is interested in raising funds and providing volunteer labor to provide an alternate access trail to El Sereno Open Space Preserve . V. ADOPTION OF AGENDA H. Grench suggested postponing discussion of the first agenda item in case T. Henshaw was able to attend a later portion of the meeting. N. Hanko stated the Board ' s concurrence to discussion of items 2 through 7 before discussing item 1 . VI . BOARD BUSINESS A. Land and Water Conservation Fund Application for the Windy Hill Public Access Project (Report R-91-141 dated December 4 , 1991) A. Cummings reviewed the public access project, noting that the project had a total cost of $260 , 000 , half of which will be reimbursed upon completion . She said that undergrounding of utilities , required by the Town of Portola Valley, was projected to cost $200 , 000 , and was not included as part of the grant project . Meeting 91-37 Page four Motion: B . Crowder moved that the Board adopt Resolution 91-46 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application For Land and Water Conservation Funds for the Windy Hill Public Access Project . R. McKibbin seconded the motion. The motion passed 6 to 0 . B . Resubmittal of Land and Water Conservation Fund Application for the Saratoga Summit Gateway Acquisition Project (Report R-91-142 dated December 4 , 1991) A. Cummings reviewed this acquisition project, which would provide a site for a "Saratoga Summit Gateway" visitor center. C. Britton noted that the land is owned by Sempervirens Fund. Motion: R. McKibbin moved that the Board adopt Resolution 91-47 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Saratoga Summit Gateway Acquisition Project . B . Crowder seconded the motion . The motion passed 6 to 0 . N. Hanko suggested consideration of the remaining agenda items before the Public Communications Committee report item, in case T. Henshaw was able to attend the later portion of the meeting. The Board concurred in this change to the agenda . C . Approval of Administrative Analyst Job Classification, Job Specification, Salary Range , and Filling of Position (Report R-91-143 dated December 5 , 1991) Motion: K. Duffy moved that the Board approve the creation of an Administrative Analyst job classification, approve the job specification for the full-time position and assign it a salary range of Step Number 235 to 260 with a corresponding monthly salary of $2924 to $3750 , and authorize staff to fill the position as soon as possible . B . Crowder seconded the motion. The motion passed 6 to 0 . Meeting 91-37 Page five D. Dedication Status of District Lands (Report R-91-138 dated November 26 , 1991) Motion: K. Duffy moved that the Board adopt Resolution 91-48 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Dedicating Interests in Certain District Lands for Public Open Space Purposes . R. McKibbin seconded the motion. The motion passed 6 to 0 . E. Final Adoption of the Preliminary Use and Management Plan for the Jones et al . Property Addition to La Honda Creek Open Space Preserve (Report R-91-140 dated November 26 , 1991) Motion: K. Duffy moved that the Board adopt the Preliminary Use and Management Plan for the Jones et al . property addition to La Honda Creek Open Space Preserve, including the naming, as contained in report R-91-116 , and indicate its intention to dedicate the property as public open space . R. McKibbin seconded the motion. The motion passed 6 to 0 . F. Final Adoption of the Preliminary Use and Management Plan for the Gazzano and Wooster Property Additions to Purisima Creek Redwoods Open Space Preserve (Report R- 91-139 dated November ..25, 1991) Mot-ion: K. Duffy moved that the Board adopt the Preliminary Use and Management Plan for the Gazzano and Wooster property additions to Purisima Creek Redwoods Open Space Preserve , including the naming, as contained in report R-91-128 , indicate its intention to withhold the Gazzano property from dedication as public open space at this time, and indicate its intention to dedicate the Wooster property as public open space . R. McKibbin seconded the motion . The motion passed 6 to 0 . Meeting 91-37 Page six G. Public Communications Committee Report (Report R-91-144 dated December 5 , 1991) N. Hanko reviewed the two recommended actions in the report, and said that the first recommended action should be expanded to say: the full recommendations of this Committee be tentatively adopted by the Board and submitted to staff , to return with a schedule for implementation. She said it was hoped that the calendar could be prepared by staff for the second meeting in January. She noted that the second recommended action concerned appointment of a 20th Anniversary Committee and consultant . N. Hanko stated that each committee member would present two sections of the committee report. G. Babbitt presented the committee ' s recommendations for Public Communications : Direction for the 90 ' s . She noted the items with the highest need for action: increasing public awareness , more aggressive approach by Public Communications , improving preserve maps , and creating a multi-year strategy to promote a District funding measure . K. Duffy suggested that item "a" should be more District-specific; R. Bishop suggested adding the words "and the open space district" . R. McKibbin said that it might be difficult for staff to include this item in the requested calendar , and said that he would like staff to work on items ' c ' and ' d ' as top priorities . K. Duffy said that item ' c ' , concerning a multi-year funding strategy, might not belong in Public Communications , whose role was promoting a funding measure , not creating strategy. R. Bishop said that it was proper to put this item in the Public Communications program, because of its support . R. McKibbin suggested changing the wording to read, "Assist in creating and implementing a multi-year strategy to promote a District funding measure . " B . Crowder reviewed the Public Outreach: Define and Discuss section, noting that many additional suggestions had been made by staff and public . Discussion centered on public events . K. Duffy noted that the recommendation to stage public events was general and not specific , and asked if staff should recommend the number of events to be held. N. Hanko said that staff needs to suggest how to implement this recommendation. H. Grench noted that several public events have been held, including St. Joseph ' s Hill Open Meeeting 91-37 Page seven Space Preserve and Purisima Creek Redwoods Open Space Preserve events . He said that the recommendation implied that no public events have been held. R. McKibbin suggested that a regular yearly event would generate publicity. M. Hale requested the Board to give staff direction concerning focus . She said that voters could be targeted with urban events , rather than events held on preserves . Discussion centered on the audience the District wishes to contact . N. Hanko reviewed item 3 , Informational Programs : Docents , Volunteers , Staff and Board. She said that expansion of the docent and volunteer programs was recommended. She said that the committee considered the Adopt-A-Trail and Adopt-A-Preserve programs important , and that these recommendations should be further discussed. She noted strong support for a variety of slide shows , and also for ranger appearances during docent-led hikes . She said that the committee recommended an increase in local official and press contacts by Board members . G. Babbitt said that staff would need time to assess these recommendations . K. Duffy said that the Board needs to prioritize and set goals . Discussion centered on the desirability of increasing the docent and volunteer programs . R. Bishop said that he favored increasing the programs , and noted that an increase would involve additional staffing. G. Babbitt reviewed the committee ' s recommendations concerning the 20th Anniversary. She said that , in the interest of time , the committee recommended that an anniversary committee be appointed immediately, and that the committee be a Board committee with advisors and subcommittees . H. Grench noted that there was $20 , 000 in the budget for 20th Anniversary projects through March 1992 . Discussion centered on the hiring of a consultant for the 20th Anniversary. R. Bishop stated that he thought the appointment of a consultant was premature . He said that the Board and staff should decide on the type of events wanted, then contract with a consultant for specific events . Discussion centered on who would hire the consultant and for whom the consultant would work . R. McKibbin suggested adding "to work with staff" to Meeting 91-37 Page eight recommendation ' a . ' G. Babbitt suggested restating recommendation ' b ' to , read "Consider appointing a consultant to work with staff . " Discussion centered on the makeup of the committee . M. Hale requested that at least one member of the new committee be a member of the Finance Committee because of the tie-in with the anticipated capital campaign. B . Crowder reviewed item 5 , District Publications , stating that the committee favored more economical means of distribution, i . e . , newsprint . R. Bishop felt that it was not necessary to increase the frequency of newsletters . He said that he was also opposed to the use of newsprint as inappropriate for District publications . He suggested deleting the word "more" in item ' b' . He said that the Board needed to review the impact on staff of increasing the frequency of publications . R. McKibbin suggested deferring any recommended actions until staff reports back to the Board. N. Hanko said that she felt tentative adoption of the recommendations was important before staff commented. Motion: K. Duffy moved that the recommendations in the committee report be submitted to staff for comment and evaluation and returned to the Board. R. Bishop seconded the motion. Discussion: N. Hanko said that the Board needs to clarify its directions to staff . G. Babbitt said that the broad picture needed to be defined before consideration of detailed suggestions . K. Duffy said that the Board can decide which suggestions should be implemented when it has decided on priorities . The motion passed 6 to 0 . Motion: R. McKibbin moved that recommended action 2 be changed to read: Begin by hiring a consultant and commence work with staff immediately. Discussion: K. Duffy suggested omitting the second sentence of the recommended action. The Board concurred with the suggestion. K. Duffy seconded the motion. The motion passed 6 to 0 . K. Duffy suggested that appointing of the 20th Anniversary Committee be an agenda item for the December 18 meeting. Meeting 91-37 Page nine VII . INFORMATIONAL REPORTS K. Duffy said that she had attended a meeting of the Santa Clara County Board of Supervisors concerning the County Trails Plan, and said that consideration of this item had been deferred to January 28 , 1992 . B. Crowder reported that the Woodside Town Council had approved the creation of an assessment district to help acquire Teague Hill . N. Hanko requested that a Resolution of Appreciation be placed on the December 18 agenda for Karen Nillson, who died December 7 . N. Hanko stated that it was time for the President of the Board to appoint the District representative to Peninsula Open Space Trust, and recommended that Vince Garrod be reappointed. The Board concurred in Mr. Garrod ' s reappointment. H. Grench showed a framed Resolution of Cooperation signed by the various agency representatives who participated in the Big Sail of the scow schooner Alma. H. Grench noted that an organizational improvement suggestion that had emerged from the staff committee involved streamlining the format of Board reports , and said that the new format would be applied to an acquisition report in the December 18 packet . H. Grench reported on the 2020 Implementation Committee meeting he attended. C . Britton reported that the cabin on the Ringo property had burned . J. Escobar reported that a bike injury had occurred December 1 on Fremont Older Open Space Preserve . Meeting 91-37 Page ten VIII . CLAIMS Motion: R. Bishop moved that the Board approve Revised Claims 91-22 . R. McKibbin seconded the motion. In response to a- question from N. Hanko regarding claim number 1653 to Design Concepts , J. Fiddes said it covered several different projects , including coordinated logo design, preparation of materials , and brochure printing. The motion passed 6 to 0 . IX. CLOSED SESSION C. Britton stated that litigation matters to be discussed fell under Government Code Section 54956 . 9 (a) , MROSD vs . Ringo. He said that land negotiations to be discussed concerned San Mateo County parcel numbers 076-350-150 and 076-350-240 , owned by Corte Madera Associates , with Ryland Kelly being the representative. The Board recessed to Closed Session at 10 : 33 P .M. X. ADJOURNMENT The meeting adjourned at 10 : 27 P .M. Joan Combs Secretary Claims No. 92-02 Meeting 92-02 Date: Jan. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 1837 855.22 Acme & Sons Sanitation, Inc. Sanitation Services 1838 6,072.50 Advanced Process Machinery, Inc. Water Tanks 1839 59.16 Allen Equipment Company Equipment Repair 1840 2,769.47 Alves Petroleum, Inc. Fuel 1841 15.65 American Welding Supply Field Supplies 1842 1,154.17 Bay Bobcat Equipment and Warranty 1843 55.18 Ruth Blanchard Reimbursement--Office Supplies 1844 180.00 Blanning & Baker Associates, Inc. Subscription 1845 882.24 Best Sanitation Sanitation Services--Distel 1846 260.93 Bridge Radio Service Radio Service 1847 61.50 L. Craig Britton Reimbursement--Professional Dues 1848 465.48 Bruce Barton Pump Service Pressure Tank 1849 50.00 Carleen Bruins Reimbursement--Professional Dues 1850 255.00 California Environmental Insider Subscription 1851 720.00 California Park & Recreation Conference Registration--Mary Hale, Society C. Bruins and L.C. Britton 1852 212.76 California Water Service Company Water Service 1853 1,429.37 Callander Associates Architectural Services--Windy Hill 1854 439.56 Cambrian Surplus Field Supplies 1855 120.43 Clark's Auto Parts/Machine Shop Vehicle Parts 1856 55.14 Sheryl Marion Cochran Private Vehicle Expense 1857 11,588.04 Collishaw Construction, Inc. Bridge Construction--Rancho San Antonio 1858 9.42 Crest Copies, Inc. Bluelines 1859 248.33 Alice Cummings Private Vehicle Expense 1860 34.36 Davis Supply Field Supplies 1861 3,527.87 Design Concepts Design and Production Services--District Seal, Newsletters and Nametags 1862 302.78 East Bay Brass Foundry, Inc. Bronze Plaque 1863 24.80 East Palo Alto Water Service Water Service 1864 298.95 Economy Business Machines Equipment Repair 1865 170.00 John Escobar Reimbursement--Conference Registration 1866 55.00 Far Performance Service Center Vehicle Repair 1867 24.50 Federal Express Corporation Express Mail 1868 47.08 Jean Fiddes Reimbursement--Local Meeting Expense 1869 291 ,000.00 First American Title Guaranty Land Purchase--White Company 1870 4,877.00 First Interstate Bank Note Paying Agent 1871 2,034.37 David B. Fisher Legal Services 1872 853.00 Flinn, Gray & Herterich Vehicle Insurance 1873 90.03 Global Professional Publications Resource Document 1874 81 .58 Goodco Press Docent Newsletter Printing 1875 40.00 Herbert Grench Reimbursement--Conference Registration 1876 210.00 * Guadalupe Land Fill Dump Fee 1877 50.99 Mary Gundert Private Vehicle Expense 1878 329.00 Honeywell Protection Services Burglar Alarm 1879 100.00 Housing Bureau Conference Hotel Deposit--CPRS 1880 400.00 J. Thomas Jakaby Construction Administration Services 1881 88.82 Kwik Key Lock & Safe Company Lock Repair *Emergency check issued on Janury 15, 1992. Claims No. 92-02 Meeting 92-02 Date: Jan. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 1882 100.00 La Honda Vista Water Company Water Service 1883 9.00 Land and Water Subscription 1884 100.00 John K. Landre Water Service 1885 1,750.00 June Legler Consulting Services--Resource Policies 1886 200.00 Lopez Gardening Gardening Services--Distel 1887 281 .26 Los Altos Garbage Company Dumpster Rental 1888 261 .98 Los Altos Typewriter and Business Equipment Repair and Supplies Machines 1889 1 ,905.00 S. P. McClenahan Company, Inc. Tree Trimming 1890 688.50 Meyers, Nave, Riback & West Legal Services 1891 204.90 MicroAge Computer Centers Equipment Repair 1892 636.31 Minton's Lumber Company Field Supplies 1893 57.60 Norney's of Mountain View Office Supplies 1894 703.29 Orchard Supply Hardware Field Suplies 1895 569.09 Office Club Office Supplies 1896 15.14 Pacific Bell Telephone Service 1897 221.23 Page & Turnbull, Inc. Architectural Services--Pichetti and Grant House 1898 916.94 Peninsula Times Tribune Subscription and Advertisement 1899 32.48 Proflame Gas of Hayward Propane Tank Rental 1900 490.85 Rich's Tire Service Tires 1901 10,000.00 John Ringo Land Purchase Settlement 1902 4,704.78 Roma Construction Corporation Building Permits 1903 1,298.72 Roy's Repair Service Vehicle Maintenance & Repairs 91904 535.30 San Mateo Times Newspaper Group Advertisement 1905 3,250.00 E. R. Sheehan Consulting Services and Equipment Rental 1906 5, 150.00 George Sipel Associates Consulting Services--Personnel 1907 792.00 Skywood Realty Rental Commission--Landre House 1908 50.00 ** University of California Regents Conference Registration--Sanguinetti 1909 52.00 University Art Center Drafting Supplies 1910 49.22 The Workingman's Emporium Uniform Expense 1911 389.34 Yardbird Equipment Sales Equipment and Repairs 1912 45,108.50 *** County of Santa Clara Tax Administration Fee 1913 95.99 King Bearing, Inc. Plumbing Supplies 1914 2,000.00 Postage by Phone Postage 1915 1,293.46 Pacific Gas and Electric Company Utilities 1916 519.42 Petty Cash Office and Field Supplies, Film and Developing, Subscriptions, Uniform Expense and Private Vehicle Expense ** Emergency check issued on Janury 9, 1992. ***Emergency check issued on January 22, 1992. ' Claims No. 92-02 Meeting 92-02 Date: Jan. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------------------------------------------------------------------- 1882 100.00 La Honda Vista Water Company Water Service 1883 9.00 Land and Water Subscription 1884 100.00 John K. Landre :, r Water Service 1885 1 ,750.00 June Legler Consulting Services--Resource Policies 1886 200.00 Lopez Gardening Gardening Services--Distel 1887 281 .26 Los Altos Garbage Company Dumpster Rental 1888 261.98 Los Altos Typewriter and Business Equipment Repair and Supplies Machines 1889 1 ,905.00 S. P. McClenahan Company, Inc. Tree Trimming 1890 688.50 Meyers, Nave, Riback & West Legal Services 1891 204.90 MicroAge Computer Centers Equipment Repair 1892 636.31 Minton's Lumber Company Field Supplies 1893 57.60 Norney's of Mountain View Office Supplies 1894 703.29 Orchard Supply Hardware Field Suplies 1895 569.09 Office Club Office Supplies 1896 15. 14 Pacific Bell Telephone Service 1897 221.23 Page & Turnbull, Inc. Architectural Services--Pichetti and Grant House 1898 916.94 Peninsula Times Tribune Subscription and Advertisement 1899 32.48 Proflame Gas of Hayward Propane Tank Rental 1900 490.85 Rich's Tire Service Tires 1901 10,000.00 John Ringo Land Purchase Settlement 1902 4,704.78 Roma Construction Corporation Building Permits 1903 1 ,298.72 Roy's Repair Service Vehicle Maintenance & Repairs 11904 535.30 San Mateo Times Newspaper Group Advertisement 1905 3,250.00 E. R. Sheehan Consulting Services and Equipment Rental 1906 5,150.00 George Sipel Associates Consulting Services--Personnel 1907 792.00 Skywood Realty Rental Commission--Landre House 1908 50.00 ** University of California Regents Conference Registration--Sanguinetti 1909 52.00 University Art Center Drafting Supplies 1910 49.22 The Workingman's Emporium Uniform Expense 1911 389.34 Yardbird Equipment Sales Equipment and Repairs 1912 45,108.50 *** County of Santa Clara Tax Administration Fee 1913 95.99 King Bearing, Inc. Plumbing Supplies 1914 2,000.00 Postage by Phone Postage 1915 1 ,293.46 Pacific Gas and Electric Company Utilities 1916 519.42 Petty Cash Office and Field Supplies, Film and Developing, Subscriptions, Uniform Expense and Private Vehicle Expense ** Emergency check issued on Janury 9, 1992. ***Emergency check issued on January 22, 1992. Claims No. 91-22 Meeting 91-37 Date: Dec. 11 , 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------------------------------------------------------------------- 636 283.11 Acme & Sons Sanitation Sanitation Services 637 15.50 Allen Equipment Company, Inc. Equipment Repair 638 1 ,909.72 Alves Petroleum Fuel 639 61 .24 American Welding Supply Field Supplies 340 352.06 * Ameron Field Supplies 641 102.80 AT&T Maintenance Agreement 42 124.05 Ginny Babbitt Reimbursement--Staff Recognition Event Expenses 43 18.94 Bay Muffler Vehicle Part ,44 258.72 Big Creek Posts 462.29 Birnie Lumber and Fence Company Split Rails 646 821 .00 State of California Dam Fee Department of Water Resources ''�=17 274.74 Com Systems Telephone Service 18 100.00 Coastside Proflame Propane Fuel 19 17.00 Country Almanac Subscription 50 30.00 County Park and Recreation Membership Dues Directors Association 651 306.28 Coordinated Resources Inc. Office Furnishings >52 929.87 The Darkroom Film Developing and Enlargements 2,889.71 Design Concepts Consulting Services ,J4 360.00 Dillingham Associates Consulting Services 655 39.43 Dittmer's Gourmet Meats Local Meeting Expense 656 83.73 Kay Duffy Reimbursement--Staff Recognition Event Expenses 657 41 .39 EMED Company Inc. Signs 658 1 ,112.34 Empire Tractor & Equipment Company Equipment Rental 1.659 66.63 John Escobar Reimbursement--Local Meeting Expense 660 23.00 Federal Express Express Mail 661 816.00 David B. Fisher Legal Services 662 1 ,348.00 Flinn, Gray & Herterich Insurance 663 1 ,324.40 Foster Bros. Security Services Padlocks and Keys 664 68.81 Goodco Press Printing �65 95.98 Mary Gundert Private Vehicle Expense f666 32.00 Heritage Arts Subscription ?667 2, 164.95 Honda Peninsula Field Equipment a')68 187.00 Honeywell Protection Services Burglar Alarm '669 1 ,419.42 Interstate Traffic Control Signs ;70 4708.00 J & J Water Trucks Water Delivery _371 625.00 J. Thomas Jakaby Construction Administration Services 1�)72 288.00 JCP Engineers & Geologists, Inc. Inspection and Consulting Services 673 16. 12 Joy of Nature Resource Document 74 577.73 Konica Business Machines Maintenance Agreement 75 200.00 Lopez Gardening Service Gardening Service--Distel -676 200.00 Magana's Building Maintenance Janitorial Services--Distel 719.97 Minton's Lumber Company Field Supplies L.a 50.00 Municipal Management Assistants Advertisement of Northern California i679 2,653.30 National Mailing Services Mailing Services * Emergency check issued on November 26, 1991 . Claims No. 91-22 Meeting 91-37 Date: Dec. 11 , 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------------------------------------------------------------------- 680 25.46 Noble Ford Tractor, Inc. Equipment Part 681 36.00 Norney's of Mountain View Office Supplies 682 370.63 Palo Alto Printing Manufacture of Die 683 1, 187.41 Pacific Bell Telephone Serice 684 1 ,374.67 ** Pacific Gas & Electric Company Utilities 685 340.08 Pacific Gas & Electric Company Utilities 686 17.09 Peninsula Blueprint Inc. Blueprint Markers 687 11.35 Rancho Hardware Field Supplies 688 1395.00 George M. Robinson Company Installation of Sprinkler System 689 978.42 Roy's Repair Service Vehicle Repairs 690 41.94 Heather Saenger Reimbursement--Field Supplies 691 48.00 David Sanguinetti Private Vehicle Expense 692 44.55 S & W Equipment Company Equipment Repairs 693 3,200.00 Sandis and Associates, Inc. Topographical Survey 694 36.00 Sequoia Analytical Water Test 695 15.32 Shell Oil Company Fuel 696 1 ,918.00 ** Southern Pacific Transportation Land Purchase Company 697 19.42 Summit Uniforms Uniform Expense 698 45.77 Sunrise Build "N" Grow Field Supplies 699 800.00 Systems for Public Safety Pre-employment Background Check 20,863.50 Tou Bar Equipment Rental & Sales Demolition Services Company 701 68.32 University Art Center Drafting Supplies 702 44.04 Unocal Fuel 703 76.91 WMI Services: Port-O-Let Sanitation Services 704 363.17 Word Products Office Supplies 705 100.08 The Workingman's Emporium Uniform Expense 706 50.00 American Society for Public Job Announcement Mailing Labels Administration 707 2,000.00 Postage by Phone Postage 708 191 .76 Petty Cash Office and Field Supplies, Film, Local Meeting Expense, Docent and Volunteer Expense and Equipment Parts **Emergency checks issued on December 4, 1991 . Claims No. 92-02 Meeting 92-02 Date. Jan. 22, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 1837 855.22 Acme & Sons Sanitation, Inc. Sanitation Services 1838 6,072.50 Advanced Process Machinery, Inc. Water Tanks 1839 59.16 Allen Equipment Company Equipment Repair 1840 2,769.47 Alves Petroleum, Inc. Fuel 1841 15.65 American Welding Supply Field Supplies 1842 1,154. 17 Bay Bobcat Equipment and Warranty 1843 55.18 Ruth Blanchard Reimbursement--Office Supplies 1844 180.00 Blanning & Baker Associates, Inc. Subscription 1845 882.24 Best Sanitation Sanitation Services--Distel 1846 260.93 Bridge Radio Service Radio Service 1847 61 .50 L. Craig Britton Reimbursement---Professional Dues 1848 465.48 Bruce Barton Pump Service Pressure Tank 1849 50.00 Carleen Bruins Reimbursement--Professional Dues 1850 255.00 California Environmental Insider Subscription 1851 720.00 California Park & Recreation Conference Registration--Mary Hale, Society C. Bruins and L.C. Britton 1852 212.76 California Water Service Company Water Service 1853 1,429.37 Callander Associates Architectural Services--Windy Hill 1854 439.56 Cambrian Surplus Field Supplies 1855 120.43 Clark's Auto Parts/Machine Shop Vehicle Parts 1856 55.14 Sheryl Marion Cochran Private Vehicle Expense 1857 11,588.04 Collishaw Construction, Inc. Bridge Construction--Rancho San Antonio 1858 9.42 Crest Copies, Inc. Bluelines 1859 248.33 Alice Cummings Private Vehicle Expense 1860 34.36 Davis Supply Field Supplies 1861 3,527.87 Design Concepts Design and Production Services--District Seal, Newsletters and Nametags 1862 302.78 East Bay Brass Foundry, Inc. Bronze Plaque 1863 24.80 East Palo Alto Water Service Water Service 1864 298.95 Economy Business Machines Equipment Repair 1865 170.00 John Escobar Reimbursement--Conference Registration 1866 55.00 Far Performance Service Center Vehicle Repair 1867 24.50 Federal Express Corporation Express Mail 1868 47.08 Jean Fiddes Reimbursement--Local Meeting Expense 1869 291,000.00 First American Title Guaranty Land Purchase--White Company 1870 4,877.00 First Interstate Bank Note Paying Agent 1871 2,034.37 David B. Fisher Legal Services 1872 853.00 Flinn, Gray & Herterich Vehicle Insurance 1873 90.03 Global Professional Publications Resource Document 1874 81 .58 Goodco Press Docent Newsletter Printing 1875 40.00 Herbert Grench Reimbursement--Conference Registration 1876 210.00 * Guadalupe Land Fill Dump Fee 1877 50.99 Mary Gundert Private Vehicle Expense 1878 329.00 Honeywell Protection Services Burglar Alarm 1879 100.00 Housing Bureau Conference Hotel Deposit--CPRS 1880 400.00 J. Thomas Jakaby Construction Administration Services 1881 88.82 Kwik Key Lock & Safe Company Lock Repair *Emergency check issued on Janury 15, 1992. Claims No. 92-02 Meeting 92-02 Date: Jan. 22, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 1882 100.00 La Honda Vista Water Company Water Service 1883 9.00 Land and Water Subscription 1884 100.00 John K. Landre Water Service 1885 1,750.00 June Legler Consulting Services--Resource Policies 1886 200.00 Lopez Gardening Gardening Services--Distel 1887 281.26 Los Altos Garbage Company Dumpster Rental 1888 261.98 Los Altos Typewriter and Business Equipment Repair and Supplies Machines 1889 1,905.00 S. P. McClanahan Company, Inc. Tree Trimming 1890 688.50 Meyers, Nave, Riback & West Legal Services 1891 204.90 MicroAge Computer Centers Equipment Repair 1892 636.31 Minton's Lumber Company Field Supplies 1893 57.60 Norney's of Mountain View Office Supplies 1894 703.29 Orchard Supply Hardware Field Suplies 1895 569.09 Office Club Office Supplies 1896 15.14 Pacific Bell Telephone Service 1897 221.23 Page & Turnbull, Inc. Architectural Services--Pichetti and Grant House 1898 916.94 Peninsula Times Tribune Subscription and Advertisement 1899 32.48 Proflame Gas of Hayward Propane Tank Rental 1900 490.85 Rich's Tire Service Tires 1901 10,000.00 John Ringo Land Purchase Settlement 1902 4,704.78 Roma Construction Corporation Building Permits 1903 1,298.72 Roy's Repair Service Vehicle Maintenance & Repairs 1904 535.30 San Mateo Times Newspaper Group Advertisement 1905 3,250.00 E. R. Sheehan Consulting Services and Equipment Rental 1906 5,150.00 George Sipel Associates Consulting Services--Personnel 1907 792.00 Skywood Realty Rental Commission--Landre House 1908 50.00 * University of California Regents Conference Registration--Sanguinetti 1909 52.00 University Art Center Drafting Supplies 1910 49.22 The Workingman's Emporium Uniform Expense 1911 389.34 Yardbird Equipment Sales Equipment and Repairs **Emergency check issued on Janury 9, 1992. Claims No. 92-02 Meeting 92-02 Date: Jan. 22. 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 1837 855.22 Acme & Sons Sanitation, Inc. Sanitation Services 1838 6,072.50 Advanced Process Machinery, Inc. Water Tanks 1839 59.16 Allen Equipment Company Equipment Repair 1840 2,769.47 Alves Petroleum, Inc. Fuel 1841 15.65 American Welding Supply Field Supplies 1842 1, 154.17 Bay Bobcat Equipment and Warranty 1843 55.18 Ruth Blanchard Reimbursement--Office Supplies 1844 180.00 Blanning & Baker Associates, Inc. Subscription 1845 882.24 Best Sanitation Sanitation Services--Distel 1846 260.93 Bridge Radio Service Radio Service 1847 61.50 L. Craig Britton Reimbursement--Professional Dues 1848 465.48 Bruce Barton Pump Service Pressure Tank 1849 50.00 Carleen Bruins Reimbursement--Professional Dues 1850 255.00 California Environmental Insider Subscription 1851 720.00 California Park & Recreation Conference Registration--Mary Hale, Society C. Bruins and L.C. Britton 1852 212.76 California Water Service Company Water Service 1853 1,429.37 Callander Associates Architectural Services--Windy Hill 1854 439.56 Cambrian Surplus Field Supplies 1855 120.43 Clark's Auto Parts/Machine Shop Vehicle Parts 1856 55.14 Sheryl Marion Cochran Private Vehicle Expense 1857 11 ,588.04 Collishaw Construction, Inc. Bridge Construction--Rancho San Antonio 1858 9.42 Crest Copies, Inc. Bluelines 1859 248.33 Alice Cummings Private Vehicle Expense 1860 34.36 Davis Supply Field Supplies 1861 3,527.87 Design Concepts Design and Production Services--District Seal, Newsletters and Nametags 1862 302.78 East Bay Brass Foundry, Inc. Bronze Plaque 1863 24.80 East Palo Alto Water Service Water Service 1864 298.95 Economy Business Machines Equipment Repair 1865 170.00 John Escobar Reimbursement--Conference Registration 1866 55.00 Far Performance Service Center Vehicle Repair 1867 24.50 Federal Express Corporation Express Mail 1868 47.08 Jean Fiddes Reimbursement--Local Meeting Expense 1869 291 ,000.00 First American Title Guaranty Land Purchase--White Company 1870 4,877.00 First Interstate Bank Note Paying Agent 1871 2,034.37 David B. Fisher Legal Services 1872 853.00 Flinn, Gray & Herterich Vehicle Insurance 1873 90.03 Global Professional Publications Resource Document 1874 81 .58 Goodco Press Docent Newsletter Printing 1875 40.00 Herbert Grench Reimbursement--Conference Registration 1876 210.00 * Guadalupe Land Fill Dump Fee 1877 50.99 Mary Gundert Private Vehicle Expense 1878 329.00 Honeywell Protection Services Burglar Alarm 1879 100.00 Housing Bureau Conference Hotel Deposit--CPRS 1880 400.00 J. Thomas Jakaby Construction Administration Services 1881 88.82 Kwik Key Lock & Safe Company Lock Repair *Emergency check issued on Janury 15, 1992. Claims No. 92-02 Meeting 92-02 Date: Jan. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description -----------------------------------7--------------------------------------------------------------- 1882 100.00 La Honda Vista Water Company Water Service 1883 9.00 Land and Water Subscription 1884 100.00 John K. Landre Water Service 1885 1,750.00 June Legler Consulting Services--Resource Policies 1886 200.00 Lopez Gardening Gardening Services--Distel 1887 281 .26 Las Altos Garbage Company Dumpster Rental 1888 261.98 Los Altos Typewriter and Business Equipment Repair and Supplies Machines 1889 1,905.00 S. P. McClenahan Company, Inc. Tree Trimming 1890 688.50 Meyers, Nave, Riback & West Legal Services 1891 204.90 MicroAge Computer Centers Equipment Repair 1892 636.31 Minton's Lumber Company Field Supplies 1893 57.60 Norney's of Mountain View Office Supplies 1894 703.29 Orchard Supply Hardware Field Suplies 1895 569.09 Office Club Office Supplies 1896 15.14 Pacific Bell Telephone Service 1897 221.23 Page & Turnbull, Inc. Architectural Services--Pichetti and Grant House 1898 916.94 Peninsula Times Tribune Subscription and Advertisement 1899 32.48 Proflame Gas of Hayward Propane Tank Rental 1900 490.85 Rich's Tire Service Tires 1901 10,000.00 John Ringo Land Purchase Settlement 1902 4,704.78 Roma Construction Corporation Building Permits 1903 1,298.72 Roy's Repair Service Vehicle Maintenance & Repairs 1904 535.30 San Mateo Times Newspaper Group Advertisement 1905 3,250.00 E. R. Sheehan Consulting Services and Equipment Rental 1906 5, 150.00 George Sipel Associates Consulting Services--Personnel 1907 792.00 Skywood Realty Rental Commission--Landre House 1908 50.00 ** University of California Regents Conference Registration--Sanguinetti 1909 52.00 University Art Center Drafting Supplies 1910 49.22 The Workingman's Emporium Uniform Expense 1911 389.34 Yardbird Equipment Sales Equipment and Repairs 1912 45,108.50 *** County of Santa Clara Tax Administration Fee 1913 95.99 King Bearing, Inc. Plumbing Supplies 1914 2,000.00 Postage by Phone Postage 1915 1,293.46 Pacific Gas and Electric Company Utilities 1916 519.42 Petty Cash Office and Field Supplies, Film and Developing, Subscriptions, Uniform Expense and Private Vehicle Expense ** Emergency check issued on Janury 9, 1992. ***Emergency check issued on January 22, 1992. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-09 Meeting 92-02 January 22 , 1992 AGENDA ITEM Appointment of Board Committees GENERAL MANAGER ' S RECOMMENDATIONS 1 . officially disband the Office pace and Strategic Plan Workshop Committees . 2 . Assign ad hoc committees as desired. 3 . Clarify who is chair of each committee, including the Budget and Legislative Committees . Discussion: Your Rules of Procedure call for the President to appoint , with consent of the Board, all committees of the Board. The 1992 Budget Committee and Legislative Committee were appointed at your January 8 meeting. Appointment changes in ad hoc committees have historically been made at the second meeting in January. Attachment A details the status and composition of Board committees . Committee member attendance at committee meetings is compensable, according to your Rules of Procedure , unless the Board indicates otherwise . Compensable and non-compensable committees are noted. Last year the President requested that each committee appoint a chair. It is helpful to have a chair for conducting committee meetings and for a specific Board-staff contact between meetings . 201 San Antonio Circle,Suite C-1 35 - 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 ATTACHMENT A BOARD COMMITTEES Standing Committees: Budget Committee (compensable) : G. Babbitt (1992 Treasurer) K. Duffy T. Henshaw Legislative Committee (compensable) : B . Crowder N. Hanko T. Henshaw The purpose and functions of this committee are set forth in detail in the Policy on Legislative Committee adopted on August 10 , 1977 and in Policies for Handling Legislative Matters , adopted on July 25, 1979 . Current Ad Hoc Committees: Trails Policy Committee (com ensable} : B. Crowder N. Hanko R. McKibbin R. Bishop (alternate) This committee presented to the Board its completed work on defining issues and problems and you subsequently adopted the policies . In October 1990 you charged the committee with continuing to review the trail guidelines and returning at a future date with recommendations for their adoption. Office Space Committee (compensable) : R. Bishop K. Duffy T. Henshaw This committee was involved in the selection of an architect and review of plans and specifications for the building. This committee ' s work appears to be completed and the committee can be disbanded. Finance Committee (compensable) : R. Bishop B . Crowder N. Hanko K. Duffy (alternate) This committee was established to examine the feasibility of a supplemental funding measure. Dort Committee (compensable) : R. Bishop K. Duffy G. Babbitt The Board has charged the committee with continuing to meet and returning to the Board with a general policy concerning dogs on District preserves for review and consideration. Picchetti Winery Restoration Review Committee (compensable) : K. Duffy R. McKibbin (alternate) (C . Britton, staff representative) R. Stortz is currently representing himself . The committee should continue in existence until all improvements are completed. Thornewood Restoration Review Committee (compensable) : B. Crowder (C . Britton, staff representative) The committee should continue in existence until all improvements are completed. Fremont Older Adobe Restoration Review Committee (compensable) : R. McKibbin K. Duffy (alternate) (C . Britton, staff representative) The committee should continue in existence until all improvements are completed. Docent and Staff Recognition Committee (non-compensable) : G. Babbitt B. Crowder N. Hanko This committee plans a docent recognition event in the spring and a staff recognition event in the fall . Strategic Plan Workshop Committee (compensable) K. Duffy N. Hanko This committee completed its work and can be officially disbanded. Twentieth Anniversary Committee (compensable) B. Crowder K. Duffy N. Hanko G. Babbitt (alternate) This committee was created to make recommendations to the Board regarding Twentieth Anniversary events . Open Space --4*A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-12 Meeting 92-02 January 22 , 1992 AGENDA ITEM Twentieth Anniversary Committee Report Discussion: On December 18 , 1991 the Board appointed a committee to work on plans for the celebration of the District ' s 20th Anniversary. The committee, consisting of B. Crowder, K. Duffy and N. Hanko, has met twice with key members of the staff , and makes the following recommendations: Recommended Action: 1 . Approve in concept the plans proposed by the committee in this report , and authorize the committee to continue its planning process. 2 . Authorize the general manager to hire a consultant , with the approval of the committee, to work on specific public relations tasks in connection with the 20th anniversary. Proposed Schedule: Because the District was authorized in November of 1972 , the committee feels that celebration of the District ' s first 20 years can take place throughout both 1992 and 1993 . We will work with staff and the consultant to prepare special 20th Anniversary publications for distribution to the public. We also are considering a video to be shown as a PSA (public service announcement) , and slide shows for schools , businesses , public service organizations and other groups . Events will be started by the dedication of Skyline Ridge Preserve in late spring. This would also incorporate the Ridge Trail opening in that location. Every month or two following there would be an event in preserves distributed among the seven wards of the District , hosted by Directors of those wards . In October there would be an Earthquake Remembrance Day on our upgraded trail , and on November 4 we will host a large Anniversary Reception honoring all founders , friends, supporters and employees of the District. In the spring of 1993 we would have official tours for local elected governmental officials . Other events being considered include events sponsored by users ' groups (an example might be ROMP) ; an art exhibit of photographs and paintings of our open space lands , to be judged and with prizes awarded; presentations by our field staff of things they 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 ® Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench goardofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-12 Page 2 have observed on the Preserves , and of safety and field practices and equipment; docent-led educational walks ; volunteer events sponsored by the Trail Center. The committee will prepare a more precise schedule of events after meetings with the field staff , planning staff , and docent coordinator, and will submit this to the Board in late Febrtiary. Any suggestions from members of the Board are most welcome . Prepared by: B. Crowder , K. Duffy, and N. Hanko Open Space ......... R-92-06 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-02 January 22 , 1992 AGENDA ITEM Budget for Architect ' s Fees and Furniture for 330 Distel Remodel GENERAL MANAGER' S RECOMME14DATIONS 1 . Approve an increase in the fees for architectural services of $7 , 000 . 2 . Approve a budget for furniture in the amount of $160 , 000 . Discussion• Item 1 : On May 8 , 1991 (see report R-91-59 dated April 29 1991) , You approved the expenditure of up to $78 , 000 for architectural services for the remodel of the new District headquarters building located at 330 Distel Circle, Los Altos. The project architect, The Steinberg Group, has requested additional payment in the amount of $14 , 000 to cover their actual expenses for this project . Staff is recommending approval of half the requested amount, or $7 , 000 , which has been agreed to by the architect . The primary arguments given by The Steinberg Group to support their request are as follows : 1) The original contracted fee was based on an estimated budget of $575 , 000 . The actual construction contract is $628 , 700 . They argue that costs relate directly to the complexity of the project and, therefore, to the amount of time required by the architect. 2) The time for completion of the project is way beyond original projections, causing them additional costs . 3) Design problems incurred to install the heating and ventilating system were unusual and excessive. Staff ' s response included the following comments : 1) The scope of the project has not changed substantially since inception, and, therefore , the complexity of the project should, to some extent, have been predictable based on their years of experience with other projects . 2) The problems which we have encountered with the heating system should have been better forecast by the mechanical engineer hired by the District at the recommendation of The Steinberg Group. 201 San Antonio Circle, Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board ofoirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-06 Page 2 3) The reasons for the delay in project completion are unclear and have also cost the District a substantial sum. Staff has discussed the increase fee request extensively with The Steinberg Group. We have emphasized that the purpose of a fixed price contract is to avoid this very type of dispute . However, we agree that both the extended time frame and the problems with the heating system most probably have substantially increased their costs . We are recommending a compromise solution to this issue because there is no black and white answer and also to facilitate the smooth completion of the project. Item 2 : On May 8 , 1991 (see report R-91-59 dated April 29 , 1991) , You also approved a total project budget of $900 , 000 , which included the sum of $50 , 000 for furniture. This budgeted amount was to cover the cost of reception and boardroom furniture only, plus a contract with The Steinberg Group to compile a list of furniture specifications for the remaining furniture needed. The Steinberg Group has proposed a tentative budget of $236 , 000 for: boardroom and reception area furniture , table and chairs for the caucus room, tables and chairs for the small staff conference rooms , new chairs for the workstations , built-in desks , etc . , for the workstations , furniture for the General Manager , and side- chairs for the other managers . This budget assumes that the managers will retain their existing desks and desk chairs , but recognizes the functional necessity of providing built-ins for the workstations and new furniture for the public areas . The budget proposed is based on list prices , however, we are advised by Steinberg that discounts for bulk furniture purchases range from 25-45%. The built-in furniture will not be discounted . Additionally, tax and freight are not included in the Steinberg numbers . Accordingly, staff estimates a total furniture budget of $202 , 000 will be needed. The furniture contract with Steinberg is for the amount of $8 , 200 . Therefore, we have about $42 , 000 in the existing budget for furniture and are requesting approval of an additional $160 , 000 . The workstation floorplans and furniture fabric selections will be available for your review prior to the meeting. Prepared by: Ruth Blanchard Real Property Representative Contact person: Same Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-10 Meeting 92-02 January 22, 1992 AGENDA ITEM Appointment to Bay Area Ridge Trail Council GENERAL MANAGER ' S RECOMMENDATIONS 1 . Appoint Director Bishop as your representative to the Bay Area Ridge Trail Council . 2 . Determine which meetings of the council , if any, will be compensable. Discussion: At your last meeting I brought to your attention an invitation for the District to appoint a representative to the newly reconstituted Bay Area Ridge Trail Council (see attached correspondence) . Director Bishop indicated he would be willing to serve. Section 2 . 30 of your Rules of Procedure regarding compensation states : A committee of the Board includes a committee established by another organization. This wording was meant to make service on the Santa Clara County 2020 Task Force compensable, but it ' s not clear to me how it should be interpreted for service on a private non-profit organization. If service is to be compensable , would you intend it only to cover regular full council meetings or also council committee meetings or attendance at other council-related events? 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Boardof0irectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop PPRP DEC 17 1991 } � a .4 ° *f• BAY ARLA RIDGE TRAIL ° C O U N C I L 1 I b Ni w MovI6 %li[Ri E SUIT 040 SIN F=ha\Gls��,,CA 0410 I41;)543-1201 December 16, 1991 Craig Britton Midpeninsula Regional Open Space District 201 San Antonio Circle, C-135 Mountain View, CA 94040 Dear Craig: As you know the Bay Area Ridge Trail Council will incorporate as a private non- profit organization as of January 2. We are in the process of establishing a Board of Directors which will be comprised of at large and designated directors. This is an invitation to the Midpeninsula Regional Open Space District to select a representative to serve on the Council's Board of Directors as a Designated Director. MROSD is one of five agencies which has been asked to be represented on our Board. Designated Directors serve three year terms and may serve an unlimited number of terms. The Board of Directors will meet quarterly. For your reference I have enclosed a board member job description which generally applies to at large directors but may help you select an individual who would be most effective as a participant. In selecting an individual to serve, we are asking each agency to select a person who has enthusiasm for the project, appreciates all points of view and has the time to contribute as an effective Board member. The participation of MROSD is tremendously important to the success of the project. I will be following up with you this week to go over any questions you might have. Sincerely, Barbara Rice, Director Bay Area Ridge Trail Council Prirfzrf ors ri cIM paptr Bay Area Ridge Trail Council Board of Directors Job Description The purpose of the Bay Area Ridge Trail Council is to facilitate, through a public- private partnership, the completion of a multi-use ridgeline trail system surrounding San Francisco Bay and to interpret and promote conservation of the natural, cultural, and historic resources lying within this trail corridor. A further purpose is to establish a model for region-wide decision-making. The Board of Directors of the Bay Area Ridge Trail Council is the governing body of the organization, responsible for setting overall direction, making policy decisions, establishing long range plans, hiring and evaluating the chief staff liance wiill financial a-fic; lk:8ol r�:quireticflt,,S, MLSU17ill ofil'-el" 11101111clrn�!g cul-Lip that the goals and programs of the organization remain faithful to its purpose, insuring that adequate financial resources are secured to carry out the work of the organization, and providing continued volunteer leadership for the Ridge Trail project. The Bay Area Ridge Trail Council cannot function either legally or practically without a knowledgeable, willing, and enthusiastic board. Position Title: Member of the Board of Directors Duties: Serve on the Board of Directors of the Bay Area Ridge Trail Council for a three year term. Attend quarterly meetings of the Board of Directors. Serve on one standing or ad hoc committee of the board. (In the case of board members designated as delegates by their county committee, this requirement may be fulfilled by service on the county committee). Represent the Council in the community, when appropriate. Participate in decision-making at both the general and committee levels. Monitor activities of the chief staff officer in carrying out program goals and policies set by tl-,e board. Assist the Council in gaining needed community support by exercising, personal and professional contacts whenever possible. Accept leadership positions on the board as experience and time allow. Be a paid member of the Council and be involved in furid raisin. for the Cotmcflt',; .vork Atfi-,nd, mai.--r e�,ents of the Council in each member's local area and help maintain visibility for the Council in the community. Board members are also strongly encouraged to participate in the on-going activities of at least one county committee. Qualifications: Interest in the program and goals of the Bay Area Ridge Trail Council, available time, experience or knowledge in at least one of the following areas: business management, finance, personnel administration, law, program development, evaluation, public relations, fund raising, grassroots/community organizing, advocacy, land acquisition and management, trail planning, design and construction. - over - Time Commitment: Board. of Directors' meetings for three hours every quarter. Approximately three per month on coirimittee work plus one hour preparation time for all meeting:. Approyiniately ten hours per yeas on major 1Ziclge Trail events or other Ridge Trail-related community service in member's 10Cd] community It is also expecied that boara mernbers attend any board reti*eats or training sessions. Other time appropriate to the individual member's assumption of responsibilities. Training: Two-hour initial orientation to the work of the Ridge Trail Council anti the board with the Executive Director and the Board Chair. Annual retreat for on-going training. Betiefils- Board members of the Bav Area Ridge Trail Council are actM- players in a working public-privaie par trier sin ip. 111-tey epanci commiinjL­ input to insure a community-supported trail system. Board members have the opportunity to interact with a diversity of people who represent different interests but share a common land ethic. Board members have the opportunity to learn more about Bay Area parks region-wide. They share the satisfaction of being involved in something they believe in and impacting the future of land use in the Bav Area. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-13 Meeting 92-02 January 22 , 1992 AGENDA ITEM Proposed Addition of White et al . Property to Sierra Azul Open Space Preserve GENERAL MANAGER' S RECOMMENDATIONS 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of White et al) . 2 . Reaffirm your tentative adoption of the Preliminary Use and Management Plan recommendations , including naming the property as an addition to Sierra Azul Open Space Preserve . 3 . Reaffirm your intention to dedicate the property as public open space . Discussion: At your meeting of October 2 , 1991 (see report R-91-111 dated September 25, 1991 ) you adopted a resolution determining the public necessity of acquiring the Beneficial California Inc. property, which had been sold to Jeffrey L. White and Robert Davies. The use and management recommendations contained in that report are included herein. Staff has met with the new owners since that time and a settlement proposal is now before you in the form of the attached purchase agreement. The proposed settlement calls for the payment of $291 , 000 in cash to complete this transaction on or before January 31 , 1992 . This payment is based on the following: a) the $260 , 000 appraised value , which represents the actual sales price between Beneficial California , Inc . and the current owners as of September 30 , 1991, b) a $25, 000 opportunity cost (profit to buyers) , and c) $6 , 000 in interest that the District owes for taking possession of the property over the last four months . This settlement has been discussed with consulting legal counsel , who feels that this amount is not only fair and reasonable, but approximates the actual cost of securing a jury verdict in an eminent domain action at the lowest possible value of $260 , 000 , the District' s appraised value, and the actual sales price. 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbi n,Teena Henshaw,Gin ny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop R-92-13 Page 2 Preliminary Use and Management Recommendations Signs : Install private property signs and preserve boundary signs where appropriate . Roads : Maintain for patrol. Cleanup: Study condition of buildings to determine if they should be demolished at this time. Remove miscellaneous debris . Site Emphasis designation: Conservation Management Unit (CMU) In addition, staff will study the following issues in preparation of the regular use and management review: 0 development of a parking area 0 interconnecting trails 0 natural resource protection 0 management options Name The property should be named as an addition to the Cathedral Oaks Area of Sierra Azul open Space Preserve . Dedication The property should be dedicated as public open space . Prepared by: C. Britton, Land Acquisition Manager Contact person: Same RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MID- PENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE 'CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF WHITE ET AL. ) The Board of Directors of the Midpeninsula Regional Open . Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Jeffrey L. White and Robert Davies and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part thereof , and authorizes the President or appropriate officer 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 Certificate of Acceptance on behalf of the District . Section Three. The General Manager or the Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance , escrow fees , and other miscellaneous costs related to this transaction. Section' Five . It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $291 , 000 from the proceeds of the next long term District note issued. PURCHASE AGREEMENT This Agreement is made and entered into by and between JEFFREY L. WHITE and ROBERT DAVIES , both unmarried men, hereinafter called "Seller" and the MIDPENIWSULA 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 , Seller is the owner of certain real property which has open space and recreational value , located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS , District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange , gift , or bargain purchase for public park, recreation, scenic and open space purposes ; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS , Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara, State of California , containing approximately Nine and Twenty-Eight Hundredths (9 . 28) acres , more or less , and commonly referred to as Santa Clara County Assessor ' s Parcel No. 558-29-001 said property being further described in the legal description attached to Preliminary Title Report Number 554936 , dated September 18 , 1991 , from First American Title Guaranty Company; said title report attached hereto as Exhibit "A" and incorporated herein by this reference. Said property to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price. The total purchase price ( "Purchase Price" ) for the Property shall be Two Hundred Ninety One Thousand and No/100 Dollars ($291 , 000 - 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement - White & Davies Page 2 3 . Escrow. Promptly upon execution of this Agreement , in accordance with Section 12 herein, an escrow shall be opened at First American Title Guaranty Company, 329 South San Antonio Road, Suite 8 , Los Altos , CA 94022 , Attn: Mary Ann Wakefield, Branch Manager, phone number (415) 941-3320 , or other title company acceptable to District (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. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement , the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before January 31 , 1992 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) 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 payable to Escrow Holder in the amount of Two Hundred Ninety One Thousand and No/100 Dollars ($291 , 000 - 00) . (e) 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 Seller in the manner customary in Santa Clara County. All current pro- perty taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . Purchase Agreement - White & Davies Page 3 (f) District shall cause First American Title Guaranty Company, or other title company acceptable to District , 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 $291 , 000 . 00 for the Property showing title to the Property vested in fee simple in District , subject only to : (i) current real property taxes , (ii) excepting combined 2 , 3 , 6 , 7 , 8 and 9 as combined in said preliminary title report (exhibit "A" ) , and (iii) such additional title exceptions as may be acceptable to District . In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same , all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall , when all required funds and instru- ments 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 to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller ' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same . 4 . 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. 5 . Leases or Occupancy of Premises'. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property, except for the Districts ' current rental agreement with Michael Walter . Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss, damage or expense, including costs for legal services , occasioned by reason of any such lease or rental agreement of Purchase Agreement - White & Davies Page 4 the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right , power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Bindings This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Seller . 6 . 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller ' s execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities , cutting or removing trees, shrubs , brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8 . 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) Seller warrants and represents that : Purchase Agreement - White & Davies Page 5 (i) During Seller ' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous sub- stance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance , whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However , under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller ' s ownership and operation of the Property. 9 . Waiver of Statutory Compensation. Seller and District under- stand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17 ) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256 , and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller 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 . 10 . Dismissal of Eminent Domain Action. The undersigned Seller hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action. Miscellaneous Provisions . 11 . 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 . 11 . 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 Purchase Agreement - White & Davies Page 6 Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 11 . 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. 11 . 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. 11 . 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 : Seller : Jeffrey White and Robert Davies 17650 Old Summit Road Los Gatos , CA 95030 (4080) 353-5093 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 Purchase Agreement - White & Davies Page 7 If sent by telegraph or cable, a conformed copy of such telegraphic 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. 11 . 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 . 11 . 07 Counterparts . This Agreement may be executed in separate counterparts , each of which shall be deemed as an original , and when executed, separately or together , shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 11 . 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. 11 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence , conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 11 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element. 11 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other , shall survive the Closing and be binding upon Purchase Agreement - White & Davies Page 8 and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns . 11 . 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. 11 . 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 and carry into effect the transactions described and contemplated under this Agreement . 11 . 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 . 11 . 15 Broker ' s Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs , liabilities , losses , damages, claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise , claiming through, under or by reason of the conduct of Seller in connection with this transaction. 11 - 16 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 11 . 17 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 . 12 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before 5 : 00 p.m. , Friday, January 17 , 1992 District shall have until Wednesday, January 22 , 1992 , to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . 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. Purchase Agreement - White & Davies Page 9 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 . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: . lftey/t. White �`- Date : Stanley Nor on, District Counsel ACCEPTED FOR RECOMMENDATION_: Robert bavies Date : L. Crai Brit SIONA Land Acquisition Manager APPROVED AND ACCEPTED: President , Board of Directors ATTEST: District Clerk Date : PTR-3A 5 8 First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed,the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. T A ME RI �, $ c ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 329 South San Antonio Road, #8 Los Altos, CA 94022 (415) 941-3320 A . Page -L'0f'JXW' PTR•2 APPLICANT: Mid Peninsula Open Space ESCROW OFFICER : Mary Ann Wakefield Attn: Craig Brittian CONTACT : (415) 941-3320 201 San Antonio Cl . #C 135 FAX NO. : (415) 941-7982 Mt. View, CA ESCROW ORDER NO. : 554936 TITLE ORDER NO. : 554936 UPDATE TITLE OFFICER : Cathy Hook CUSTOMER REFERENCE : None Shown PROPERTY ADDRESS : 18075 Soda Spring Rd. Los Gatos, CA 95030 COPIES TO: None Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988, OWNERS'S POLICY, AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments thereto) is issued solely for the purpose of facili- tating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Robert J. Gilardoni Title Operations Manager EXHIBIT Pase Of FIRST AMERICAN TITLE PTR-2 Order No. 554936 Page 2 Dated as of September 18, 1991 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: BENEFICIAL CALIFORNIA INC. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. TAXES for the fiscal year 1991-1992 1st Installment: $1,564.39, unpaid 2nd Installment: $1,564.39, unpaid Land : $221,897.00 Improvements : $54,121.00 Personal Property : $-0- Exemption : $-0- Assessors Parcel No. : 558-29-001 Code Area : 80-008 2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 com- mencing with Section 75 of the California Revenue and Taxation Code. 3. RIGHTS OF THE PUBLIC over that portion of the premises lying within Soda Springs Road as it now exists. FIRST AMERICAN TITLE E6'aH I Z IT TR•2 Order No. 554936 Page 3 4. A Deed of Trust to secure an indebtedness in the amount shown below and any other amounts and/or obligations secured thereby Amount : $33,999.60 Dated : June 12, 1975 Trustor : James A. Liles and Patsy Liles, husband and wife Trustee : Crocker Custody Corporation Beneficiary : Crocker National Bank Address : 3111 Stevens Creek Blvd. , San Jose, CA 95117 Loan No. : None Shown Recorded : June 16, 1975, under Series No. 5031932, Book B464, page 614, Official Records 5. A Deed of Trust to secure an indebtedness in the amount shown below and any other amounts and/or obligations secured thereby Amount : $90,000.00 Dated : September 14, 1977 Trustor : James A. Liles and Patsy S. Liles, husband and wife Trustee : Guaranty Service Corporation, a California corporation Beneficiary : Fidelity Savings and Loan Association, a corporation Address : 2000 Franklin Street, Oakland, CA 94612 Loan No. : 380-54697-0 Recorded : September 23, 1977, under Series No. 5791994, Book D160, Page 163, Official Records An instrument modifying the terms pertaining to said Deed of Trust Executed by : Citicorp Savings, a Federal Savings and Loan Association Recorded : April 25, 1986 in Book J671, Page 864, Official Records. SUBSTITUTION OF TRUSTEE under said Deed of Trust New Trustee : Cal-Western Reconveyance Corp. , a California corporation Recorded : February 20, 1990, under Series No. 10428074, Official Records. FIRST AMERICAN TITLEl k —44— z�a � :. , °f4,� �' -U VTR-2 r Order No. 554936 Page 4 6. EASEMENT for the purposes stated herein and incidents thereto Purpose : Roads, ingress & egress and public utilities Granted to : Patsy S. Liles, an unmarried woman Recorded : November 30, 1983 in Book I108, Page 190, Official Records Affects : A strip of land 40 feet wide, the centerline of which is described as follows: Beginning at a point in Soda Springs Road, distant S. 810 13' E. , 40.02 feet from the Suthwest corner of that certain parcel described in the Deed from James A. Liles, et ux, to Patsy-James Partnership, recorded August 26, 1983 in Book H842 of Official Records, Page 298, Santa Clara County Records; thence North 750 52' E 137.01 feet; thence S 750 56' E 105.72 feet; thence S 57° 24' E 85.00 feet; thence on a curve to the left with a radius of 30.00 feet, through a central angle of 1100, having a length of 57.60 feet; thence N 120 36' E 90.00 feet; thence N 150 54' W 145.77 feet; thence N 40 06' E 115.00 feet; thence N 160 54' W 236.00 feet; thence N. 300 24, W 108.44 feet to Northerly line of said property, the side lines of said strip being extended or shortened to intersect the Northerly line of Section 3, T. 9 S. , R. 1. W. , M D B & M at the Northerly terminus thereof. 7. Terms, conditions and provisions contained in a document Entitled : Mutual Grant of Easements Executed by : Patsy-James Partnership and Between : Allan G. Petrino, Tenly J. Petrino and Patsy S. Liles Recorded : April 25, 1986 in Book J671, Page 847, Official Records Reference is made to said document for full particulars. 8. Terms, conditions and provisions contained in a document Entitled : Road Maintenance Agreement Executed by : Patsy S. Liles and Between : Kenneth R. Ward and Gilda Jce Rall Recorded : April 25, 1986 in Book J671, Page 866, Official Records Reference is made to said document for full particulars. FIRST AMERICAN TITLE L't 5T w 'TR-2 Order No. 554936 Page 5 9. A Notice of Building Code Violation, recorded September 11, 1987 in Book K291, Page 260, Official Records. 10. THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee' s sale held on December 19, 1990 as provided for by the Federal Tax Lien Act of 1966, provided Internal Revenue Service was properly notified by T. D. Service Co. , trustee under said sale, as required by said Act. AND THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee' s sale held on January 9, 1991 as provided for by the Federal Tax Lien Act of 1966, provided Internal Revenue Service was properly notified by Beneficial Management Corporation of America, trustee under said sale, as required by said Act. If not so notified the following are purported liens: Federal Tax Lien in Favor of the United States of America Against : Kenneth R. and Brenda Y. Ward Certificate No. : 778818458 For : 614.79 Recorded : November 9, 1988 in Book K751, page 2167, Official Records. Federal Tax Lien in Favor of the United States of America Against : K. Rex Ward Certificate No. : 779065623 For : 27,673.28 Recorded : August 6, 1990 in Book L440, page 1192, Official Records. 11. ANY INSUFFICIENCY in the proceedings leading up to the recording of the Trustees Deed. Prior to issuance of any insurance, an examination by this Company of the trustee's file is required. Dated : December 19, 1991 ' To : Ford Consumer Finance, formerly known as Ford Consumer Credit Company Recorded : December 28, 1990 in Book L579, page 745, Official Records. EXHIBI FIRST AMERICAN TITLE paree of 'TR-2 Order No. 554936 Page 6 12. THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee's sale held on December 19, 1990, as provided for by the Federal Tax Lien Act of 1966. Notice of such sale was given to the United States in accordance with the pro- visions of said Act. 13. Any right or asserted right of a creditor, trustee or debtor in possession in bankruptcy to avoid that certain trustee' s deed which recorded December 28, 1990 in Book L579, page 745, Official Records, pursuant to Title 11 U.S.C. 14. ANY INSUFFICIENCY in the proceedings leading up to the recording of the Trustees Deed. Prior to issuance of any insurance, an examination by this Company of the trustee' s file is required. Dated : January 15, 1991 To : Beneficial California Inc. Recorded : February 4, 1991 in Book L608, page 1804, Official Records. 15. THE RIGHT, if any, of the United States to redeem said land within 120 days from the date of the trustee' s sale held on January 9, 1991, as provided for by the Federal Tax Lien Act of 1966. Notice of such sale was given to the United States in accordance with the pro- visions of said Act. 16. Any right or asserted right of a creditor, trustee or debtor in possession in bankruptcy to avoid that certain trustee's deed which recorded February 4, 1991 in Book L608, page 1804, Official Records, pursuant to Title 11 U.S.C. 17. TAX LIEN for the amount shown and any other amounts due in favor of the United States of America, Against : Kenneth Rex Ward Soc. Sec. No. : 253-82-9452 Fed. Serial No. : 779198846 Nature of Tax : 1040 Amount : $10,572.03 Recorded : May 21, 1991 in Book L720, page 2155, Official Records. Said Federal Tax Lien affects the interest of Kenneth R. Ward, Predecessor in interest. EIrtI'-isiT FIRST AMERICAN TITLE OT� ITR-2 Order No. 554936 Page 7 18. SATISFACTORY ASSURANCE that Beneficial California, Inc. is in good standing in the State of California, and that its corporate charter has not been revoked by reason of failure to pay corporate taxes. 19. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options to purchase or rights of first refusal contained therein. EXHISIT A FIRST AMERICAN TITLE V'zcge—S—Qfigqj�' TR-2 Order No. 554936 Page 8 NOTES: A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date hereof except as follows: Trustee' s Deed Upon Sale From : T. D. Service Company To : Ford Consumer Finance, formerly known as Ford Consumer Credit Company Recorded : December 28, 1990 in Book L579, page 0745, Official Records. Trustee' s Deed Upon Sale From : Beneficial Management Corporation of America To : Beneficial California Inc. Recorded : February 4, 1991 in Book L608, page 1804, Official Records. B) SHORT TERM rate applies. Current vestees were last insured on January 28, 1988. C) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. D) THE CITY OF MOUNTAIN VIEW improses a property transfer tax of $3.30 for each #1,000.00 or fractional part thereof of the total consideration. s'a► 6 B I T FIRST AMERICAN TITLE Page 1 'TR-2 Order No. 554936 Page 9 LEGAL DESCRIPTION: REAL property situated in the Unincorporated Area, County of Santa Clara, State of California, described as follows: Beginning at the Section corner common to Sections 3 and 4 of Township 9 South Range 1 West and Section 33 and 34 Township 8 South Range 1 West, said corner being a 1 IF iron pipe and original 4" x 4" Redwood post and stone mound; thence South following the Section line between said Sections 3 and 4 for a distance of 644.7 feet to an iron bar in the Alma Soda Spring Road; thence following the meanderings of said road, South 810 13' East 93.6 feet to a 3/4" iron pipe; thence South 460 55' East 169 feet to a 3/4" iron pipe; thence South 550 37' East 94.5 feet to a 3/4" iron pipe; thence South 440 32' East 104 feet to a 3/4" iron pipe; thence North 670 38' East 89.3 feet to a 3/4" iron pipe; thence North 560 55' East 80.55 feet to a 3/4" iron pipe; thence North 860 20' East 60.8 feet to a 1 lill iron pipe; thence leaving said road, North 799.3 feet to a 1" iron pipe set in the Township line between Section 3 of Township 9 South Range 1 and Section 33, Township 8 South Range 1 West; thence following the Township line North 880 9' West 574.3 feet to the place of beginning, containing 10 acres, more or less, and being a portion of Section 3, Township 9 South Range 1 West, M.D.B. & M. Excepting from said tract of land hereinabove described all that portion thereof conveyed by Olympia A. Sofos to Zephirin Cabral and Louise Cabral , his wife, by joint tenancy deed, dated March 28, 1934 and recorded April 26, 1934 in Volume 683 of Official Records, Page 270, Santa Clara County Records, described as follows: Beginning at a �1" iron pipe in the Alma Soda Spring Road which bears South 810 13' East 61.74 feet from an iron bar in the Alma Soda Spring Road and in the Section line common to Sec. 3 & 4 of Township 9 South Range 1 West, M.D.B. & M. said iron bar being distant South 644.7 feet along said Section line from Section corner common to Sections 3 & 4 Township 9 South Range 1 West and Sections 33 & 34 Township 8 South Range 1 West, thence following the meanderings of the Alma Soda Springs Road South 810 13' East 31.86 feet to a 3/4" iron pipe; (LEGAL DESCRIPTION CONTINUED NEXT PAGE) FIRST AMERICAN TITLE TR-2 r Order No. 554936 Page 10 LEGAL DESCRIPTION: (Continued) thence South 460 55, East 169.5 feet to a 3/4" iron pipe; thence South 550 37' East 94.6 feet to a 3/4" iron pipe; thence South 440 32' East 104.0 feet to a 3/4" iron pipe; thence leaving said road and following down center of a small ravine North 10 19' West 92.9 feet to a 3/4" iron pipe; thence North 230 54' East 41.4 feet to a 3/4" iron pipe; thence North 20 23' West 35.85 feet to a 3/4" iron pipe; thence along the Southerly side of a private road North 570 24, West 103.85 feet to a �4" iron pipe; thence North 750 56' West 97.44 feet to a 71" iron pipe; thence South 750 521 West 84.68 feet to the place of beginning and containing 0.72 acres more or less and being a portion of that ten acre tract formerly owned by Z. Cabral . APN: 558-29-001 October 8, 1991 J 554936 C'i T FIRST AMERlCAN TITLE ����� R OFFICE OF COUNTY ASSESSOR ••• SANTA CLARA COUNTY, CALIFORNIA BOOK PAGE 8 9/ 9 0 558 � O \T (T+ hM1r.o " IN ..it \,.�.1 •1 /'• IV iI«G I1192 AC. 45.11AC /2O. —_M,__ E-- (N.� L 'rt C GG 1 r : iHll l��l IN 9761 AC O r` SCAL E I•=50 897 4 WAIVIHUi. AC 16 16 AC 6 24 a 33 34 R 0.S.456124 '•`• « re "�' ! i �� / 34 35 T.r s s ■ • L.o•.or nu 4 3 9.28 AC 70.50 AC / / �.�.•' --N wnms:r 3 2 tv .t I• 4 8 4.8 9 AC. »» ��P •.22 At •14 59 AC • ni 2.T . p --GJ603 4C • 44 [_-7 C_ /IS/G .✓.woa Lpc'"1 0 �\� ,� '�rrr •�' ' 20 526 AC U 3 •~r;J 7 ~ /'\.J / « Y>►-' � °y �. R 0 S 24;-Iom 2s C"� _]_r..1 >_ �. +p.o• SEE •��w�,.•7lrr ♦. DETAIL A �o ro : • G.,¢o� f _ f• - = L' t '1. I .... i 27 �•-- __ (.[, _ «uw n« KL A 12.218 AC '• ;�, r—.p-- �24.SOAC 2.25AC a., ., r 7 ... f:w� — ' ^ 2.00 AC./• L��asia ATlo11 OF {r y DETAIL - _ A t OpP 51 I'.a 200' 34 . - �► 20 CD I \ n Open Space R-92-11 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-2 January 22 , 1992 AGENDA ITEM Final Adoption of the Preliminary Use and Management Plan for the Slate Creek Property Additions (Lands of Landre et al . ) to Long Ridge Open Space Preserve GENERAL MANAGER' S RECOMMENDATION ° 1 . Adopt the Preliminary Use and Management Plan for the Slate Creek property additions (lands of Landre et al . ) to Long Ridge Open Space Preserve, including the naming, as contained in report R-91-131. 2. Indicate your intention to dedicate parcels one, three , and four as public open space. 3 . Indicate your intention to withhold parcel two from dedication as public open space at this time. DISCUSSION At your November 13, 1991 meeting, you approved the acquisition of the Slate Creek property additions to Long Ridge Open Space Preserve (see report R-91-131 dated November 7 , 1991) . This acquisition consisted of three 40-acre parcels and one 34-acre parcel . You tentatively adopted the Preliminary Use and Management Plan for the additions, including naming the properties as additions to Long Ridge Open Space Preserve. You also indicated your intention to dedicate parcels one, three, and four as public open space, and to withhold parcel two from dedication as public open space at this time. Parcel two contains the Landre home, which was rented as an Enterprise unit beginning January 15, 1992 . Staff will also be looking for a long-term tenant or life-time buyer for the approximately 15-acre developed area. Because of the contribution made by Save the Redwoods League toward this acquisition, a restriction against removing trees from parcels one and three was recorded during escrow. The former property owners are responsible for removing all debris and items of personal property from parcels one, two, and three by June 19, 1992 . Five thousand dollars for each of the three parcels has been withheld in escrow to ensure that the clean-up is done in a timely and satisfactory manner. Staff will perform a final inspection when the clean-up is completed and before the funds are released. There is no clean-up necessary on the remaining parcel. R-92-11 Page 2 In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the properties closed on December 19, 1991 . Staff has received no further public comment. Prepared by: Carleen Bruins , Administrative Assistant Contact person: Craig Britton, Land Acquisition Manager Open Space 16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-05 Meeting 92-02 January 22 , 1992 AGENDA ITEM Notice of Contract Completion and Acceptance of Work for the Vehicle Bridge Construction Project at Rancho San Antonio Open Space Preserve GENERAL MANAGER' S RECOMMENDATION Adopt and authorize the Board president to execute the attached Notice of Completion of Contract and Acceptance of Work for the vehicle bridge construction project at Rancho San Antonio Open Space Preserve. DISCUSSION On September 11 , 1991 , you authorized acceptance of the bid of $64 , 378 . 00 from Collishaw Construction, Inc. for the vehicle bridge construction project at Rancho San Antonio Open Space Preserve. You also authorized the general manager to enter into contract for performance of the work (see report R-91-103 dated September 3 , 1991) . Final inspection of the project occurred on January 13 , 1991 . The project engineer, the Santa Clara County building inspector, and District staff found the project complete and in conformance with the county-approved building plans and specifications . The project ran smoothly and was completed within the contract ' s specified time limit. Santa Clara County Central Fire Protection District also inspected and approved the completed project. Staff will now seed all disturbed areas , reinstall fencing where appropriate, and add reflective markers to each end of the new bridge. Prepared by: Sheryl Marioni Cochran, Associate Open Space Planner Contact person: same Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein, and Collishaw Construction, Inc. as Contractor therein, bearing the date September 30, 1991 for construction of vehicle bridge and appurtenant facilities upon lands of said District known as Rancho San Antonio Open Space Preserve situated in the City of Los Altos , County of Santa Clara , State of California, was completed as called for and in the manner designated by the plans and specifications by the said Contractor, on the thirtieth day of December 1991 . Upon said contract, Reliance Insurance Company was surety on the bond given by said Collishaw Construction, Inc. the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee simple . That the address of said Midpeninsula Regional Open Space District is 201 San Antonio Circle C-135 Mountain View, CA 94040 . IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the eleventh day of September, 1991 authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature of the President of the said Board of Directors this day of BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 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 TO: Board of Directors FROM: H. Grench, General Manager DATE: January 17 , 1992 SUBJECT: F. Y. I . 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 Han ko,Betsy Crowder,Richard Bishop Open Space ................. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 7 , 1992 David Mitchell , President Board of Trustees Peninsula Open Space Trust 3000 Sand Hill Road Bldg 3, Suite 135 Menlo Park, CA 94025 Dear David: At the December 11 , 1991 Board meeting, the District ' s Board of Directors unanimously supported my decision to reappoint Vince Garrod as our Board President ' s representative on Peninsula Open Space Trust ' s Board of Trustees. Vince ' s continuing interest and support of our mutual open space preservation goals benefit both the District and POST and we greatly appreciate all that Vince has done while serving on POST' s Board. 1991 was a banner year for POST and on behalf of the District ' s Board of Directors I wish you continued success in 1992 . POST' s leadership and dedication to the preservation of the Phleger property will remain an outstanding accomplishment for years to come. Sincerely, Nonette Hanko President, Board of Directors cc: Vince Garrod vioard of Directors 201 San Antonio Circle,Suite C-1 35 • 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 STATE OF CALIFORNIA MARIAN BERGESON SENATOR January 9, 1992 Mr. Herbert Grinch, General Manager Mid-Peninsula Regional Open Space District 210 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Dear Mr. Grinch: Please convey my heartfelt "thank you" to your board for the resolution you so kindly sent to me. It is a pleasure to receive such a commendation. In these days of difficult challenges, it is nice to see constructive progress and solutions. Again, thank you for the commendation. Cordially, MARIAN BERGESON Senator, 37th District MB:hvk ❑ CAPITOL OFFICE STATE CAPITOL.SACRAMENTO,CALIFORNIA 95814 TELEPHONE:(916)445-4961 [STRICT OFFICE 140 NEWPORT CENTER DRIVE.SUITE 120.NEWPORT BEACH.CALIFORNIA 92660 TELEPHONE:(714)640-1137 RICHARDSON g ,s fla It he Ml 10 cp n -fix f�. ' .a • ' .` t. t' ,tt j'a f-- Ism _• i"TLTK%T A;t rr M' 'y sr� � .•w. (� •�DEO ■OIDPO IAGOON t ��. FOR .(i A j E ow ! 'ice_ _� zfra•T cove St }Un • • • • • f 4 � 1- • M3.YT•Ort1TA • . a , t r MS X FJ .f ' Y ' 1 < _ More and more bikers seek access der way in Marin County,where the original i to single-track trails that until now have been mountainbikes were constructed and tested in " M available only to hikers and,in some cases,to the 1970s by some creative young people who w horseback riders.They are meeting with angry were experimenting with ways to strengthen resistance from these traditional trail.users, their ten-speeds to endure a fast ride down who complain that the bikes endanger and steep dirt trails,like those on Mount Tamalpais. _ : * disturb them.Throughout coastal California, Narrow trails,like this one in and elsewhere in the state and the nation, Emotions Run High Sanborn County Park, Santa Clara agencies responsible for trail management are County(right),are scenes of conflict struggling to develop policies to reduce con- Bicyclists argue they have as much right to between mountain bikers and other flicts and to avert potential negative impacts single-track trails as do hikers or horseback trail users. (Upper left) Mountain on natural resources and habitat. riders.But some pedestrians and equestrians bike tracks.(Lower left)Fence is no Many trail users, organized local and na- contend that bikes are a safety hazard, that barrier to bikers who seek the thrill tional environmental organizations,and pub- they disturb others' peace of mind, and that of riding down a steep hill on private lic land managers have expressed severe res- they should therefore stay on wider trails or land in Orange County. ervations regarding the use of mountain bikes fire roads. on hiking and riding trails and oppose unre- "We're more like hikers or horseback riders stricted entry of mountain bikes to trail systems. than motorcyclists," argues Michael Kelley, Ten years ago, mountain bikers were not president of the Bicycle Trails Council of the even identified as a trail user group. Now, [San Francisco]East Bay."We want loop trails, some 15 million of these all-terrain bikes are in we want to'see the wildlife, get out in the use throughout the nation.Active riders total woods, have a picnic." A fact sheet on the perhaps 2 million nationwide,and"my guess Golden Gate National Recreation Area, Pre- is that about 330,000 live in California," ac- pared by the Bicycle Trails Council of Marin, cording to Tim Blumenthal,editor of Mountain states:"The quiet solitude of a single-track trail Bikemagazineand memberoftheInternational allows a natural experience that is particularly Mountain Bicycling Association board of di- satisfying." rectors."California is by far the most popular A longtime Marin Country resident and place to ride." hiker thinks differently: "The bikers are the It is not surprising,therefore,that some of most arrogant single-minded people I've seen. the most acute trail user conflicts are taking There's an outlaw mentality. Going off the place on coastal and bay wildlands in this road is part of the thrill,and so is speed."Jim state.Among the most serious disputes is un- Zimmerman of the Tamalpais Conservation 38 CALIFORNIA COAST&OCEAN Club contends that bicyclists speed down nar- petitioned the Marin Municipal Water District row trails,causing walkers to leap for safety. to open some single-track trails to bikes and During one hike, he said, some bikers "only allow the council to build and maintain 15 The last thing l want to managed to avoid hitting us by throwing miles of new trails on Pine Mountain,consid- themselves in the bushes."Meanwhile,Linda ered to be the most pristine area of the water- See When I'm hiking and Rubio,owner of Miwok Livery in the GGNRA, shed. On adjoining land owned by Marin M complains that bikers startle horses. She fell County Open Space District,the bicyclists have [horseback]riding are and was knocked unconscious,she says,when requested that 10 to 20 percent of all single- a horse she had been training for six months track trails be open to them and one bike flashing metal and latex was spooked by a biker's approach on a fire demonstration trail be established. road.Now,she says,when she takes a group of In another move,the Bicycle Trails Council SUits. I might as well be on riders on a trail, she hires an extra person to has announced it will challenge in court a [Highway] 101." ride behind the others,keeping a lookout over Golden Gate National Recreation Area plan to his shoulder to scream out"Bike!"as warning. exclude bikers from single-track trails in the - "I have my group pull over and always give Marin headlands.Unlike most national parks, the bikes the cliff side,"she says,laughing. the GGNRA has until now allowed bikers un- To Rubio, the very sight of the bikers is limited access to such trails. offensive: "The last thing I want to see when To hold their ground and in counterattack, I'm hiking and[horseback]riding are flashing hikers and equestrians in June founded the metal and latex suits. I might as well be on Trails Preservation Council.Martin Friedman, [Highway] 101." Sierra Club hike leader Ri- who represents the Tamalpais Conservation chard Watson says the bikes are too fast for Club to the council, describes the bicyclists' 1 their setting: "You lose the mood the country proposal as "outrageous, and very, very inspires when a bike comes up on you at 25 to alarming."The council has proposed its own n 35 miles an hour." agenda,which includes keeping bikes off hik- In Tilden Park,(Alameda County), o To such complaints,Blumenthal responds ing trails, increasing the number of rangers, Michael Kelley of the Bicycle Trails n that "some hikers and equestrians can't get improving enforcement of bicycle speed lim- Council of the east Bay rides With n used to a new trail user group.Bikes o faster its, licensing bicycles, and requiring them to Debbie Young,of Grizzly Peak $ P• g g cY q g e- r y' and are more colorful,so it's easy to see how carry a warning device,like a bell. stables. they can be unsettling.But no one has shown ? evidence that having hikers,horses,and bikes on the same trails leads to a significant increase T in accidents." Jim Hasenauer, president of k z s _IMBA,s4ys that.complaints about aesthetics are the "most frustrating to deal with. Some ,. at . t people think bikes don't belong in the back country because the Indians didn't have them, r they are machines,they are the wrong color, rs etc.The people who hold these philosophical s opinions have a disproportionate amount of v, clout." 5' tines Are Drown e e Marin County bikers are now challenging l e- t policies that exclude them.They are pressing' n' public agencies.for more access,and have an- a i1 nounced their readiness to take their case to l� court. "We are willing to tolerate a ban on r designated wilderness areas,but that's based 1 '` on the assumption that other areas,including • ` ,. ;e a a single-track trails in those areas, would be ' open to mountain bikes," said editor It Blumenthal,who is on the board of the Inter- m + national Mountain Bicycling Association. " ' y ,n The Bicycle Trails Council of Marin has FALL 1 9 9 1 39 Searching For Answers successful systems of multi-use operations along with trail restrictions that offer sugges- At this point, no one can say whether the tive lessons for long-term management.Even trail use conflict in Marin County is a harbin- so, continuing disputes threaten to polarize 1 "Some people think bikes ger of what is to come in other areas,or whether opposing parties and create adversarial pro- compromises can evolve.In the Santa Monica ceedings,such as in Marin County. don't belong in the back' Mountains and the East Bay Regional Park Policies vary widely among states. Wash- District, for instance, bikers have taken cre- ington permits bikes on most state park trails, country because the ative initiatives toward coexistence with other including most single-track trails, a total of users and the habitat,as will be described later. almost 600 miles. In contrast,Washington al- Indians didn't have them, Throughout California,and elsewhere in the lows horses on less than 10 percent of its trails, they are machines, they are nation,agencies responsible for trail manage- according to Don Powell,operations program ment are grappling with where to allow manager. He said that the level of conflict the wrong color, etc. mountain bikes, and under what circum- between bicyclists and hikers is"fairly low." g stances. Hammering out a policy requires a Oregon excludes bikes from state parks The people who hold these continuing process of discussion and policy altogether, though the State Department of implementation among affected trail users and Parks and Recreation is now considering philosophical opinions public land management agencies.There is no whether to open fire and service roads to them. standard answer. Bicyclists are directed to the 10,000 miles of have a disproportionate In national parks, bikes are usually per- trails in the national forest in this state. mitted only on roads and paved trails.In na- In Colorado,bikes are welcome almost ev- amount of clout." tional forests they are allowed on roads and erywhere in state parks: They may use 220 most trails.The U.S.Bureau of Land Manage- miles of a total 250 miles of trails."It's great to ment,which controls about 1.8 billion acres of see people using the trails—that's what they're public land in California and ten other western there for,"said State Trails Coordinator Stuart states(including Alaska),has opened its trails Macdonald. They may also use about 11,000 miles of trails in the national forest in Colorado. Safety, Resource Impacts The issues of safety, and of adverse envi +a '. IT ronmental impact from mountain bikes,remain emotional. To date, few studies exist. While accidents in which hikers or horseback riders 0 are injured by bikes appear to be rare,no one ? ` keeps track of near misses and confrontations �=�+ �" 'j on the trails.Most bike accidents involve only one biker, according to statistics reported by 1 �r <:•' :�, 5, _ three San Francisco Bay Area park districts. Mountain biking has, however, increased the number of accidents that demand staff time,according to Chief Ranger Casey May of the Marin Municipal Water District, which allows bikers only on its fire roads on Mount Tamalpais.Of 30 accidents in 1991 as of August, ES .y- � �.e�r�-" • -.�. ;i�„ ' . _ _ ��-W�.�4'i�'�=--•- 19 were bike related.And in 1990,he said, Work day in Briones Park(Contra to bikes.Designated federal wilderness areas responded to 35 accidents that required medical Costa County),organized by the are off limits. aid. If we didn't have to deal with bikes,we Bicycle Trails Council of the East Bay. In California state parks,bikes are prohib- would only have had to respond to seven." ited on most trails and permitted on paved and As to resource damage,"Half a dozen horses unpaved roads.In significant natural areas in can make a trail look like a Panzer division this state and wildlands managed by county or went through,"in wet weather,but"for every special district jurisdictions, such as the East horse there are 100 bikes,"commented Richard Bay Regional Park District and the Mid- Watson, of the Sierra Club's Marin County Penisula Regional Open Space District,regula- chapter. "Everyone contributes to erosion— tions vary,and these agencies have developed hikers,bikers,equestrians,"pointed out Felix 40 CALIFORNIA COAST&OCEAN Arteaga,state park district superintendent with jurisdiction over Mount Diablo State Park."One cannot say that a horse does less damage to a IMBA's Rules o the Trail trail than a bike does." An environmental impact report by the Santa Clara County Park District for Ranch County Park found than bikes did not have a 1.Ride on open trails only.Respect trail and road closures(ask if not negative impact on the resource and recom- sure),avoid possible trespass on private land,obtain permits and authori- mended closing trails to both horses and bikes zation as may be required.Federal and state wilderness areas are closed to after rain. cycling. Mountain biking advocates cite a study by 2. Leave no trace. Be sensitive to the dirt beneath you. Even on open I Joseph Seney at Montana State University, trails,you should not ride under conditions where you will leave evidence completed for a master's thesis in earth sciences, of your passing,such as on certain soils shortly after a rain.Observe the which concluded that trail design and con- different types of soils and trail construction;practice low-impact cycling. struction are the key factors affecting erosion. This also means staying on the trail and not creating any new ones.Be sure E Seney compared erosion caused by horses, to pack out at least as much as you pack in. hikers, and bicyclists on different kinds of 3.Control your bicycle!Inattention for even a second can cause disaster. trails and concluded that bicycles cause about Excessive speed maims and threatens people.There is no excuse for it! f as much damage to trails as hikers,using such 4.Always yield the trail.Make your approach known well in advance. measures as water runoff, sediment runoff, A friendly greeting (or a bell) is considerate and works well; startling and soil compaction.Land managers in Colo- someone may cause lack of trail access.Show your respect when passing rado and Oregon concur that the main factor in others by slowing to a walk or even stopping.Anticipate that other trail erosion is the design of the trail itself. users may be around corners or in blind spots. - ' 5.Never spook animals.Give animals extra room and time to adjust to t Role Models you. In passing, use special care and follow the directions of horseback riders(ask if uncertain). Running cattle and disturbing wild animals are In spite of continuing disputes, mountain serious offenses. bikers are gaining acceptance in certain loca- 6.Plan ahead.Know your equipment,ability,and the area in which you tions, largely as a result of innovative multi- are riding and prepare accordingly. Be self-sufficient at all times.Wear a use trail management initiatives and educa- helmet,keep your machine in good condition,and carry necessary supplies tional efforts launched by bicycling organiza- for changes in weather or other conditions. A well-executed trip is a 1 tions.Bike clubs have agreed to strict enforce- satisfaction to you and not a burden or offense to others. e ment of speed limits and other trail behavior s rules.Bikers are teaching their own how to be (For more information,write IMBA,Route 2,Box 303,Bishop,CA 93514.) R polite and considerate. The Bicycle Trails s Council of Marin and the Concerned Off-Road Y Bicycling Association (CORBA) in Santa Y Monica offer classes to new bicyclists in safe, P low-impact riding techniques.TheMarin group TRAIL COURTESY & SAFETY 1 has also organized educational trail barricades: ARE YOUR RESPONSIBILITY! ALL USERS: f stopping all trail users to hand out information If on trail etiquette and safety. \�\y VD _'� h The International Mountain Bicycling It Association's Rules of the Trail (see sidebar) t, are widely available and are even printed on e some bicycling equipment. The association,kl based in Bishop,was formed in 1988 to promote e responsible biking and maintain access to trails and now has about a thousand members, in- Is eluding bicycle clubs,manufacturers,retailers, BICYCLISTS EQUESTRIANS HIKERS .u.,,. . „ and individuals.Some bike manufacturers buy a„„r, „., ,�,,,,,,_„•,�„ a membership for every bike buyer. In addition to such educational work,bicy- 'ly clists are also policing themselves in some �- areas by means of volunteer bicycle patrols.In the Santa Monica Mountains National Recre- FALL 1991 41 y` i In Marin County, 1� NS LMD 0 f f ' R LAND..- mountain bike _ — _ IT UNTIL IW iC .� BUST WA > access to the Golden —/ I C{ET ON SINGLE LAND M� 1D Gate National t h TRACK Recreation Area has �/ �+irk I!` ignited public debate,as '" evidenced by these f fd i two partisan cartoons. _ O _ U ation Area,Concerned Off-Road Bicycling has says Matt Wadlund,outreach coordinator for organized 75 riders into patrols of three or four the council.Each group is also invited to con- people each,to range over some national park tribute to the planning of the trail in its area. land(where rangers also ride mountain bikes) That conflicts can be resolved is apparent in and three state parks units:Point Mugu(14,000 a recent recommendation by the Santa Monica acres),Malibu Creek(7,000 acres),and Topanga Mountains Trail Council,a hiking group that State Park,00,000 acres).The volunteers wear has two board members from biker groups, yellow jerseys and helmets with the insignia of that three single-track trails in the Santa Monica CORBA, the National Park Service, and the Mountains National Recreation Area be opened California Department of Parks and Recre- to bikes. "I personally feel bikes are okay on ation.They are trained in CPR,first aid,and single-track trails as long as they are going park history.They have radios,and they hand slowly,"said council president Linda Palmer. out maps and water to those in need. Jim Some bike club leaders point out that they Hasenauer,a member of the steering commit- can help shape the future of parks: "We pro- tee of CORBA,says the organization has con- vide a large constituency for land managers tributed over 10,000 volunteer hours to the whentheyneed funding for newparks;'points Editor's note:Those interested in recreation area since 1988. out Kelley, president of the Bicycle Trails reviewing the issues involved in There are also volunteer bicycle patrols in Council of the East Bay.That constituency is managing mountain bikes can order the East Bay Regional Park District in the Oak- mainly young people with many years ahead Mountain Bikes on Public Lands:A land hills. "They are working fantastically," of them to devote to environmental causes. Manager's Guide to the State of the said Jon King,a police officer with the district. William Turnage,who is both a hiker and a Practice.Published in September "They are an extra set of eyes and ears for us, biker,as well as former president of the Wil- 1990 by the Bicycle Federation of and they are educating their own user group." derness Society,has an optimistic view of the America,it is available for$20 In other volunteer efforts that cultivate good future: "Bicyclists realize they'll be banned postage paid.Write to BFA at 1818 R relations,bikers have helped to build or repair from parks if they ride like banshees.Educa- Street NW,Washington,D.C.2000, trails,recently in Los Padres National Forest tion takes a few years,but by the end of the i or phone(202)332-6986.Also,the and the East Bay Regional Park District.They decade hikers, bicyclists, and horses will be _ Bureau of Land Management and the have also joined with other users in joint rides— sharing trails and think nothing of it." U.S.Forest Service have available a bikers, hikers, and horseback riders on the Only with hard work,ongoing discussion, 17-minute video entitled Managing same trail at the same time—to try to work out and compromises by all interested parties will Mountain Bikes:Public Land Mangers their conflicts on the trail.The Bay Area Ridge the successful management of natural resources Get in Gear.For a copy,write to Trail Council,which is overseeing the estab- and the multi-use of trails be accomplished.Q Sally Wisely at the BLM,Federal lishment of a 400-mile multi-use trail around Building,701 Camino Del Rio, San Francisco Bay,sponsors such rides to raise Marc Beyeler manages the Coastal Conservancy's Durango,Colorado 81301"phone funds and "give people a chance to let their urban waterfronts program. Richard Retecki and (303)247-4082. problems air so they don't go home and stew," Regina McGrath also contributed to this article. 42 CALIFORNIA COAST&OCEAN joint;utisdictional problems and develop ways to implement solutions. SANTA CLARA COUNTY INTERGOVERNMENTAL COUNCIL 0 County Government Center,East Wing 70West Hedding Street.11th Floor San Jose,California 95110 (408)299.2424 NOTICE BASED ON THE IGC TRAILS AND PATHWAYS MOTION OF NOVEMBER 21,1991 THE COMMITTEE WILL MEET THE FOLLOWING DATES IN 1992 AT 7:30 P.M. AT THE PARKS ADMINISTRATION BUILDING, VASONA PARK. THURSDAY FEBRUARY 14 THURSDAY APRIL 11 THURSDAY JUNE 13 THURSDAY AUGUST 8 THURSDAY OCTOBER 10 THURSDAY DECEMBER 12 On alternate months subcommittees of the Trails and Pathways Committee will meet to fulfill work program goals. At our next meeting we will discuss the work program for 1992. WE LOOK FORWARD TO SEEING YOU AT THE NEXT IGC TRAILS AND PATHWAYS COMMITTEE MEETING THURSDAY, FEBRUARY TTH. AGENDAS WILL BE DISTRIBUTED PRIOR THE MEETING. IGC Memberses © Elected officials Representing: County Jose SSnnta Clara Campbell Sunnyvaleertino Gilmy- ostrips•Special Districts`Santa tCfaraYaf/rey Water District no•Morgan Hill mountain View•Palo Alto AS S INI CUALI OnH E i�BES F SOUR m, 110111d 27 TO: Concerned citizens FROM: Amendment 27 Board of Advisors Janet Cobb, Chair DATE: January 1992 RE: AMENDING THE CONSTITUTION OF THE UNITED STATES Times have changed a good deal since the Constitution of the United States was written in 1787. People then took for granted clean air and water, rich soil, and abundant wildlife. Today, we are continually reminded that we can't afford to take for granted the environment which sustains our quality of life. Our Constitution does not protect critical natural resources and habitat. Protections that have been achieved to date have been the result of a patchwork of federal, state, regional, and local legislation. We need federal constitutional protection for our vital life support system. It is appropriate that the Constitution express the fundamental values of the people. Americans, their elected officials, business, labor, and civic leaders, as well as professionals from every discipline, have said that environmental protection is at the top of the list of national priorities. We know that concern for the environment crosses political, social, and cultural boundaries. The principal legal document of this land should express those fundamental values. Constitutionally protected individual rights and liberties, which we value so highly, will be of little benefit to future generations if rivers won't support fish, if food won't grow on the land, if the air isn't fit to breathe, if our children can't play safely in their neighborhoods or find work to sustain themselves and their families as adults. Please consider the draft language attached, and let us know if you would like to join with us to form a broad coalition to advance this idea. We believe this is a basic first step in moving our great country in the direction of a thriving and sustainable economy with a rich, healthy environment. Amendi-i-icrit to the Constitution of the United States of America 116 Nov Montgomery Street,Suite 220■San Francisco, CA 94105 ■415,543,2152 -'ak-- AST lN! UAL! O 1 T C3MHE lBLE S F ESC)URC 7 Proposed Amendment to the Constitution of the United States of America Amendment 27-Responsible Use of Resources The natural resources of the United States shall be protected and conserved for the benefit of the people,wildlife,and their shared habitat,and may be used only in a responsible manner that en- courages the preservation of biodiversity and protects the long term health and safety of the people while permitting the return of reasonable economic benefits. The Congress and the several states shall enforce by appropriate legislation the provisions of this article. ............................................................................................................................................................................................. Yes,I would be delighted to support Amendment 27. You may use my name in promoting the amendment. Name Title/Organization Address City,State,Zip Telephone/Fax Signature Please also send information on Amendment 27 to: An-iendment to the Constitution of the Unitcd Statcs of An-icrica 116 Ncxv t/lontl;omes-V Street, Suitt° 220■ San Francisco,CA 94105■ 415.543.2152 A�L 0 0 H E E OUR?ZS A msim C/14,di It -1V,15-=nsFtEs A M E N D M E N T 27 SUSTAINING QUALITY OF LIFE THROUGH RESPONSIBLE USE OF RESOURCES The Constitution of the United States of America is an elegant, practical document, crafted out of debate and hard experience "to form a more perfect Union, " and, among other things, to "promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. . . " James Madison, the "Father of the Constitution, " declared that "In framing a system which we wish to last for ages, we should not lose sight of the changes which ages will produce. " The Constitution has been amended 26 times since the original was prepared in 1787. The nature of the amendments has varied from limitations on the power of the national government as embodied in the Bill of Rights to the declaration of an essential national policy such as the abolition of slavery. An amendment to sustain the quality of life through the responsible use of resources is an essential statement of national policy whose time has come. The ages have produced a change in our national attitude toward the use and protection of our resources. over one hundred years ago, Chief Seattle of two Northwest tribes questioned the U.S. government's attitude toward the rich lands that it wished to purchase from the Native Americans: "How can you buy or sell the sky? The land? If we do not own the freshness of the air and the sparkle of the water, how can you buy them?" Chief Seattle went on to describe his vision of the life that would be left to the new culture if its course remained unaltered: "Your destiny is a mystery to us. What will happen when the buffalo are all slaughtered? The wild horses tamed? What will happen when the secret corners of the forest are heavy with the scent of many men and the view of the ripe hills is blotted by talking wires? Where will the thicket be? Gone! Where will the eagle be? Gone! And what is it to say goodbye to the swift pony and the hunt? The end of living and the beginning of survival. " We are continually reminded that we cannot afford to take for granted the environment that sustains our quality of life. Science and technology have advanced the standard of living in the United States and other parts of the developed world far beyond what anyone could have imagined in 1787 or in the 19th century. The price for these advances has been very high. We Anicndmcnt to the Constitution of the Unitcd Statcs of Amcrica 116 NcNv Montgomery Street,Suite 220 a San Francisco, CA 94 105 n 415-5431,2 1 52 j,'S 1N UALI O 1 T O H EVsi,�IBLE S F ESOURC 7 are using up our resources at a frantic pace, polluting our waterways, and creating air that endangers our very being. In the process we are threatening the other species with which we share this planet, as well as the health and prosperity of future generations. Since 1852, the Congress and States have come to recognize the importance of environmental protection. In the 1970 's and 1980's laws were passed to provide for clean air, clean water, hazardous waste management, hazardous waste cleanup, protection of endangered species and so on. Yet, despite the clear trend in national thinking in this area, there is no provision in the Constitution that addresses this critical issue and defines the factors that must be balanced and addressed to ensure responsible use of our resources. The patchwork of laws and regulations that have been enacted provide access to state and federal courts for a limited measure of protection for natural resources and wildlife. The only guidance the courts have in those cases, however, are statutes, legislative history, and administrative actions that result from the competition of powerful special interests. We need a federal constitutional provision that speaks for all of the People in simple terms and provides overriding guidance to ,our legislators and courts. As the supreme law of the land, a Constitutional amendment would ensure that statutes passed by Congress or the States are consistent with the national policy embodied in the amendment. Those that are not consistent can be thrown out by the Supreme Court. In addition, the Constitution cannot be easily changed -- an amendment requires a two-thirds vote by each house of Congress and ratification by three-fourths of the States. This provides surety that the interests of the nation are not sidestepped for the sake of short term political objectives. The process of proposing and adopting a constitutional amendment would also demand that we focus on developing a true national strategy, involving at least 2/3 of both houses of Congress and at least 3/4 of the states in a policy discussion that would transcend the politics of committees and lobbyists and focus on saving ourselves by providing for a viable and sustainable environment. Amendment to the Constitution of the United States of America 116 : cxv Montgomery Street,Suite 220 a Sari Francisco, CA 94105 a 415.543.21: 2 _ l IGC TRAILS AND PATHWAYS COMMITTEE MEETING THURSDAY DECEMBER 12, 1991 SUMMARY MINUTES Meeting Attendance Art emas Ginzton Dick Forst Vince Garrod 1. Ap-enda Review and Additions/Approval of Minutes Approval of the November minutes was deferred to February as there was no quorum. 2. Committee Vacancies/Structure The Committee discussed the future structure of their organization. Their suggestions will brought before the IGC and the Trails and Pathways Committee for approval in February. A summary of the proposes changes follows. The Committee membership will consist of 15 members. It will be led by two co-chairs, one representing the IGC and one representing the Trail Advocacy Community. Curt Harrison will continue to represent the IGC and Artemas Ginzton will continue to represent the trail community. A minimum of five persons on the Committee shall be appointed or elected officials with preference given to one representative from the IGC, one from the County Parks and Recreation Commission, one from San Jose's Parks and Recreation Commission and one from the Midpeninsula Regional Open Space District Board. Other elected or appointed officials may be appointed from other city parks or planning commissions in the County. In addition to the elected or appointed officials,the Committee will consist of a minimum of trail users from the community at-large. Preference for appointments will go to one representative from the Bay Area Ridge Trail, one representative from the Bay Trail Project and one representative from the Trail Center. Other appointments will seek to provide a balance of trail user groups including but not limited to representation from: 1)walkers,hikers,runners;2)mountain bikers; 3) road bicyclists; and 4) equestrians. Additional group categories which will be considered for representation on the Committee, but who cannot be considered as future Committee chairs are the California State Trails Committee,Environmental/Conservation Organizations,Homeowner or Realtors Associations, and the State Farm Bureau. The Committee directed staff to draft letters of invitation to potential committee members for the co-chairs signature. Because the Committee will only be meeting every other month,they determined that members should be required to attend at least fifty percent of the time and that staff should be notified in advance of member absences. Otherwise,the Committee will not be able to function effectively. In addition,each Committee member should be willing to participate on at least one subcommittee during the course of the year. The Committee directed staff to write Committee members who have not been attending regularly to determine whther they want to continue to serve on the restructured committee. 3. Committee Work Program The Committee discussed work program options for the upcoming year. They items will be considered for approval at the next Committee meeting. Work program options included: a. Finding new sponsors to reprint the Santa Clara County Trails Guide; b. Expanding the South County Trail Directory to include trail organizations throughout the County; C. Conducting user surveys/counts along existing portions of the trail- could incorporate a video; d. Finding sponsors to reprint the Trails and Pathways Map; and e. Conducting field trips of successful and potential trails segments. In addition,if the Board of Supervisors authorizes a comprehensive review of the existing trails plan the Committee stated that they will want to be involved in that review process.