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Home My Public Portal About19920513 - Agendas Packet - Board of Directors (BOD) - 92-12 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-12 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 May 13 , 1992 Mountain View, Calif . (7 : 30) * ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- R. McKibbin APPROVAL OF MINUTES ***April 22 , 1-992 (Consent Item) WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7 : 45) 1 . Appointment of Peace Officer -- J. Escobar Resolution Appointing Peace Officer (7 : 50) 2 . Proposed Addition of the Sink Property to the Mt . Umunbum Area of 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 Sink) (8 :00) 3 . Consideration of Assessment District to Help Fund Vidovich Property Addition to Rancho San Antonio Open Space Preserve -- H. Grench Resolution Initiating Proceedings for the Formation of an Assessment District Resolution Appointing Bond Counsel , Engineer of Work , and Underwriter for Assessment District No. 1992-1 (Vidovich Acquisition) 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 Resolution Declaring the Official Tritent of the Midpeninsula Regional Open Space District to Remiburse. Certain Capital Expenditures from the Proceeds of Assessment r)istrict Bonds , Relating to the Acquisition of Open Space Lands (8 : 05) 4. 20th Anniversary Draft, Plan -- B . Crowder (8 : 25) 5. Agreement with United States Geological Survey to Construct a Communication Tower on the Former Almaden Air Force Base -- J . Escobar 6 . Final Adoption of the Comprehensive Use and Mariagemont Plan for, Skyline Ridge Open Space Preserve — M. Gundert (Consent Tte-m) 7 . Support of Santa Clara County Measure A on the June 2 , 1992 Ballot -- H. Grench (Consent Ttem) TNFORMATTONAL REPORTS -- Directors and Staff RFVTSED CLATMS (Consent Item) CLOSED SESSION (Litigation , Land Negotiations , Labor Negotiations , and Personnel Matters) ADJOURNMENT *IVOTF: Times are- estimated and itenm; way apj)oa-r earlier or later than Listod. Agenda is sijbject to chango of ordo,r. TO ADDRFSS TRF BO.4RD: The Chair wilt -invito public comment on agenda items at the time each item iS considered by the Board of Directors. You may address the Board concel-Dilly other mat tore during oral communications. Fach speaker will ordinarily be limited to 3 minutes, When recognized, please begin by stating Your name and address. Please fill out the speakers form so your DaBIP and address car) be accurately included in the minutes. Alternately, you may comment to the Board by a written comninnicatiOD, which the Board appreciates. **- All items, on the consent calendar shall be-a r proved wit bout one M1000D uiiless a Board member removes an item from the COI)Se,ut calendar for selaarate discussion. nremher of the trarhlic° maw_EtEuost under oral communications that an -item be removed from the consentcalondar. NOTICE OF PUBLTC MEETING The 20tb Anniversary Committee will meet Wednesday, May -13, 1.992 beginItilig at 6:30 P.M. The purpose of the meeting will be to preview video tape public service announcements prepared for the District. Open Space -------Ao.� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS April 22, 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7 : 33 P.M. Members Present : Ginny Babbitt, Richard Bishop, Betsy Crowder, Kay Duffy, Nonette Hanko, and Robert McKibbin. Teena Henshaw arrived at 7 : 40 P.M. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , John Escobar, Del Woods , Sheryl Marioni-Cochran , Susan Schultheis, Stanley Norton, Michael Foster, and Deborah Morvay-Zucker. II . ADOPTION OF AGENDA H. Grench requested the addition of a Special Order of the Day. The agenda, with the addition, was adopted by Board consensus . III . SPECIAL ORDER OF THE DAY J. Escobar introduced Brian Malone, District ranger. C . Britton introduced Susan Schultheis , land acquisition secretary. IV. ADOPTION OF CONSENT CALENDAR K. Duffy requested removal of minutes of April 8 , 1992 from the consent calendar. Motion: R. Bishop moved that the Board adopt the consent calendar that included approval of the minutes of the April 1 , 1992 Special Meeting; approval of the minutes of the April 9 , 1992 Special Meeting; approval of the response to the written communication dated April 7 , 1992 from Richard Izmirian, Northern California Council of Fly Fishers; appointment of Deloitte and Touche as auditor for 1991-1992 Fiscal Year; adoption of Resolution 92-12 , A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer - Brian Malone; and approval of Revised Claims 92-08 dated April 22 , 1992 . B . Crowder seconded the motion. The motion passed 6 to 0 . V. APPROVAL OF MINUTES April 8 , 1992 K. Duffy stated that the second to the last sentence in the last paragraph of page 4 should be corrected to state "K. Duffy commented on the need for hiker symbols where hiking trails crossed the 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 - Phone:(415)949-5500 • FAX:(415)949-5679 General manager:Herbert Grench Boardol'Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-11 Page 2 highway. . . " Motion : R. Bishop moved that the Board approve the minutes of April 8 , 1992 as corrected. B. Crowder seconded the motion. The motion passed 7 to 0 . VI . BOARD BUSINESS A. Proposed Addition of Green et al . Property to the Mt . Umunhum Area of Sierra Azul Open Space Preserve (Report R-92-44) S . Marioni-Cochran stated that the property lies along the long- term Bay Area Ridge Trail Corridor. She stated that the 20-acre property straddled the Loma Prieta ridge between Mt. Umunhum and Mount Loma Prieta and reviewed the preliminary use and management plan recommendations in the staff report . C . Britton stated that the full purchase price of $75, 000 was payable at close of escrow. Motion: G. Babbitt moved that the Board adopt Resolution 92-13 , a 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 Green et al . ) , tentatively adopt the Preliminary Use and Management Plan , including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. R. Bishop seconded the motion. The motion passed 7 to 0 . B . Completion of Annexation to the District of Lands Adjacent to Skyline Ridge Open Space Preserve and Long Ridge Open Space Preserve (Report R-92-53) C . Britton stated that the Santa Clara County Local Agency Formation Commission had given final approval for the annexation of 114 . 42 acres of Long Ridge Open Space Preserve and 229 . 49 acres of Skyline Ridge Open Space Preserve on April 8 , 1992 R. McKibbin asked for public comment .. There was no public comment. Motion: N. Hanko moved that the Board adopt Resolution 92-14 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1991 - Skyline Area) . G. Babbitt seconded the motion . The motion passed 7 to 0. Meeting 92-11 Page 3 VII . INFORMATIONAL REPORTS K. Duffy reported that Los Gatos Weekly published a District information sheet on the town ' s proposed redevelopment project in one of its recent issues . B . Crowder reported that the 20th Anniversary Committee selected a contractor to produce three public service announcements at a cost of $4 , 100 and asked for Board concurrence to proceed with the project . The Board concurred with the committee ' s recommendation. G. Babbitt stated that radio station KDBK erroneously reported in a news item that the District purchased a 35 , 000 acre preserve. She also stated that she made a presentation to Leadership Mountain View and that she would be participating in the City of Mountain View Parade April 25 . H. Grench reported that a training session was held to inform District managers and supervisors about the Americans with Disabilities Act . He stated that he, R. McKibbin , and C . Britton made a presentation to the Peninsula Open Space Trust Board of Directors . He gave brief updates on the Finance and Legislative Committees and stated that he would attend the next meeting of the Joint Open Space Implementation Committee April 28 . C . Britton reported that no public comment was received for the use and management plan for the Quane property and that escrow had closed for the purchase. Pursuant to Board policy, no second reading would be forthcoming . J. Escobar reported three solo bicycle accidents occurred at Fremont Older Open Space Preserve in early April . He also reported that the Army Corps of Engineers inventoried hazardous materials containers at Mt . Umunhum and stated that removal of the containers would take place in one to two years . He stated that L. McGuire resigned as volunteer coordinator and would be working as a seasonal open space technician to gain field experience . J . Fiddes reported that she attended the American Society for Public Administration national conference in Chicago. D. Woods stated that because of the increasing number of visitors at. Rancho San Antonio Open Space Preserve, Deer Hollow Farm staff had requested: 1) posting of Deer Hollow Farm operational hours on signs in three locations; 2) gate closures at the farm ' s main gate and the garden gate at closing time; and 3) flyers giving information about the farm and explaining the farm ' s operating hours . He added that District staff would go ahead with the plan if there were no Board objection because it was consistent with the Deer Hollow Farm lease . There was no Board objection to the request . T. Hensbaw recommended that the printed flyers note the Meeting 92-11 Page 4 number and type of groups that interact with the animals in a given period. VITT . CLOSED SESSION C . Britton announced that litigation matters to be discussed in Closed Session, Midpeninsula Regional Open Space District vs . Town of Los Gatos and Midpeninsula Regional Open Space District vs . Vidovich , fell under Government Code Sections 54956 . 9 (a) and that negotiations to be discussed were Santa Clara County assessor ' s parcel number 56-207-009 , owner Sink, negotiated with Joe Beatty Real Estate, and Santa Clara County assessor ' s parcel number 562-04- 012 , owner McQueen, negotiated with Robert Logan. H. Grench pointed out that After discussion with R . McKibbin, the president had decided to go ahead with performance evaluations of the legal counsel and controller in Closed Session that evening, and if the evaluations were completed, the April 23 special meeting would be cancelled. The Board recessed to Closed Session on litigation, land acquisition, and personnel matters at 8 :19 P.M. IX. ADJOURNMENT The Board reconvened to adjourn at 11 : 15 P.M. and announced that the April 23 , 1992 Special Meeting was cancelled . Deborah Morvay-Zucker Secretary Claims No. 92-08 Meeting 92-11 Date: Apr. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------- 2375 1 ,586.19 Acme & Sons Sanitation, Inc. Sanitation Services 2376 3,800.00 Ralph Anderson & Associates Salary and Compensation Study 2377 251 .20 Bay Area Ridge Trail Council Signs 2378 397.82 Matthew Bender Resource Documents 2379 2,190.15 Binkley Associates Consulting Services--Skyline Water System 2380 124.31 Bio Quest Wildlife Consultation 2381 401 .57 Diane Blackman Reimbursement: Resource Documents 2382 231.29 Bridge Radio Services, Inc. Radio Repair 2383 67.40 L. Craig Britton Reimbursement--Office Equipment 2384 285.00 Sheryl Marioni Cochran Reimbursement: Education Assistance 2385 136.26 California Water Service Company Water Service 2386 1,860.26 Callander Associates Architectural Services--Windy Hill Parking Lot 2387 137.20 Clark's Auto Parts/Machine Shop Vehicle Parts 2388 298.32 Com Systems Telephone Service 2389 695.00 Continuing Education of the Bar Registration--D. Blackman 2390 68.58 Crest Copies, Inc. Photocopying 2391 188.36 The Darkroom Prints for Annual Report 2392 3,859.67 Design Concepts Consulting, Design and Production Services 2393 21.90 East Palo Alto Water District Water Service 2394 146.46 EnviroSafe of California Gas Hose Replacement 2395 142.75 Federal Express Corporation Federal Express Mail 2396 47.25 Jean Fiddes Private Vehicle Expense 2397 91.47 Florentine Restaurant and Pasta Local Meeting Expense Market 2398 752.04 Robert M. Garcia Construction Management Service 2399 75,000.00 Gateway Title Insurance Company Land Purchase--Green, et al 2400 2,536.76 General Graphics Exhibit Structure 2401 35.72 Gibson Studio Slides 2402 10.48 GNW Partners dba Sunrise Field Supplies 2403 133.55 Goodco Press Printing 2404 26.86 GTE California Directory Listing 2405 4,277.23 Hertz Equipment Rental Equipment Rental 2406 329.00 Honeywell Protection Services Burglar Alarm Maintenance 2407 505.00 Frank Isidoro Grading 2408 200.00 J. Thomas Jakaby Consulting Services--Skyline Bridge 2409 2,238.61 Jeda Publications Printing--Brochures and Folders 2410 1 ,205.16 The Ed Jones Company Uniform Expense 2411 132.82 Kaiser Cement Drain Rock 2412 297.31 Keeble & Shuchat Photography Supplies 2413 47.00 Kwik Key Lock & Safe Company, Inc. Cabinet Repair 2414 25.00 Thomas Lausten Reimbursement--Uniform Expense 2415 100.00 La Honda Vista Water Company Water Service 2416 355.26 Langley Hill Quarry Base Rock 2417 200.00 Lopez Gardening Service Gardening Service--Distel Circle 2418 351 .26 Los Altos Garbage Company Dumpster Rental 2419 217. 17 Merwin Mace Private Vehicle Expense 2420 200.00 Magana's Building Maintenance Maintenance Service--Distel Circle 2421 173.59 Brian Malone Reimbursement--Training Expenses 2422 350.00 Meyers, Nave, Riback & Silver Legal Services Claims No. 92-08 Meeting 92-11 Date: Apr. 22, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------------------------------------------------------------------------------------- 423 830.00 Micro Accounting Solutions Consulting Services 2424 245.37 Minton's Lumber & Supply Field Supplies 425 32.51 National Mailing Company Mailing Services 2426 31 .18 Northern Energy Propane Fuel 2427 404.90 Office Club Office Supplies 2428 1,227.98 Orchard Supply Hardware Field Supplies 2429 71 .61 Pacific Bell Telephone Service 2430 470.00 City of Palo Alto Room Rental 2431 216.71 Peninsula Blueprint, Inc. Reproduction and Drafting Supplies 2432 205.20 Peninsula Community Newspapers Advertisement 2433 802.28 Peninsula Newspaper Group Advertisement 2434 583.38 Piombo Construction Company Base Rock 2435 99.59 Pip Printing Photocopying 2436 42.84 Precision Engravers, Inc. Brass Namebadges 2437 7,812.50 Prudential Securities 1988 Note Fees 2438 112.50 David Pruitt Tractor Repair 2439 430.00 Michael T. Quane Law Enforcement Training ?440 180.00 Rabbit Copiers Equipment Maintenance 441 20.43 Rancho Hardware Field Supplies 2442 468.00 Robertson, Alexander, Luther, Legal Services Esselstein, Shiells & Wright 2443 743.03 Roy's Repair Service Vehicle Maintenance and Repairs 2444 478.41 San Francisco Newspaper Agency Advertisement 2445 466.80 San Jose Mercury News Advertisement 2446 39.90 San Mateo Times Newspaper Group Advertisement 2447 250.00 Santa Clara County Health Fuel Tank Permit Fees Department 2448 1,628.48 Santa Clara County Sheriff's Patrol Services Department 2449 406.33 Smith Equipment Equipment Repair 2450 1,428.01 Standard Brands Paint Company Carpet--Ranger Residence 2451 270.00 Tap Plastics Brochure Holder 2452 9,200.00 Mike Tobar Excavation Demolition Services--Winkle Cabin : 3 435.00 United States Postmaster Postage W454 10.83 University Art Center Drafting Supplies 2455 58.32 Unocal Fuel 2456 1 ,546.00 Urban Accessories, Inc Bike Racks 2457 46.56 Vallen Safety Supply Company Safety Supplies 2458 916.25 Valley Title Company Title Policy 2459 43.75 Whitmore, Johnson & Bolanos Legal Services 2460 76.91 WMI : Port-O-Let Sanitation Services 2461 188.35 Word Products Office Supplies 2462 52.58 The Workingman's Emporium Uniform Expense 2463 112.50 La Petite Boulangerie Local Meeting Expense 2464 449.22 Petty Cash Film and Developing, Postage, Local and Out-of-Town Meeting Expense, Maps, and Private Vehicle Expense Open Space .......................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-12 T SUMMARY OF MAY 13, 1992. REGULAR BOARD MEETTNG Appointment of Peace Officer - The Board adopted Resolution 921-16 apPOiDtillq ranger Ken Miller as a peace officer. Proposed Addition of the Sink Property to the Mt . Umunhum Area of Sierra Azul Open Space Preserve - The Board adopted Resolution 921-17 to purchase the 26.66 acre Sink property located between Mt . Umunhum Road and Woods Road for a total purchase price of $265,000. The Board tentatively adopted the Preliminary Use and Management Plan, including naming the property as an addition to the mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicated its intention to withhold the property from dedication as public open space at this time. Consideration of Assessment District to Help Fund Vidovich Property Addition to Rancho San Antonio Open Space Preserve - The Board adopted Resolution 92-18 initiating proceedings for the formation of an assessment District . The Board adopted Resolution 921-19 appointing Orrick, Herrington, and Sutcliffe, bond counsel; Leptien, Cronin, Looper, Incorporated, engineer of work; and Prudential Bache Securities, underwriter for assessment district No. 1992-1 (Vidovicb acquisition) . The Board also adopted Resolution 92-20 declaring the official intent of the District to reimburse certain capital expenditures from the proceeds of assessment district bonds, relating to the acquisition of open space lands. 20th Anniversary Draft Plan - The Board approved in concept the draft plan for events and activities in celebration of the District 's twentieth anniversarv. Agreement with United States Geological Survey to Construct a Communication Tower on the Former Almaden Air Force Base - The Board authorized the general manager to enter into a contract agreement With t T.S.G.S. to construct a 29-- foot. communication tower on the former Almaden Air Force Base in the Mt. Umunhum area of Sierra Azu] Open Space Preserve. Final Adoption of the Comprehensive Use and Management Plan for Skyline Ridge Open Space Preserve - The Board adopted the revised and amended plan. Support of Santa Clara County Measure A on the June 2, 1992 Ballot - The Board adopted Resolution 901-15, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Endorsing the Passage of Santa Clara County Measure A on the June 2, 1992 Ballot. Deborah Zucker Recording Secretary 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 Claims No. 92-09 Meeting No. 92-12 Date: May 13, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description -- ---------------------------------------------------------- ------------------------------------------------------------------ 2465 984.27 Acme&Sons Sanitation, Inc. Sanitation Services 2466 87.26 Altos Print&Copy Printing 2467 3,222.98 Alves Petroleum, Inc. Fuel 2468 14.88 American Welding Supply Field Supplies 2469 775.20 Apple One Employment Services Temporary Office Help 2470 75.00 Asbestest, Inc. Asbestos Samples 2471 75.08 Bancroft-Whitney Sales Tax on Books 2472 98.40 Barron Park Supply Co. Electrical&Plumbing Supplies 2473 133.68 Bay Microfilm, Inc. Office Supplies 2474 1,761.00 Best Sanitation Sanitation Services 2475 55.58 Ruth Blanchard Private Vehicle Expense 2476 320.00 David Bliss Training 2477 204.00 Diane West Bourke Training 2478 71.54 Carleen Bruins Private Vehicle Expense 2479 252.66 Dick Bruhn, Inc. Uniform Expense 2480 1,050.00 Cal-Coast A.A., Inc. Asbestos Removal 2481 120.00 California Conservation Corp. Field Supplies 2482 120.00 C.P.R.S. Advertising 2483 480.00 ** State Board of Equalization Annexation Fee 2484 191.65 California Water Service Co. Water Service 2485 1,042.26 Callendar Associates Architectural Services 2486 119.95 Kerry Carlson Uniform Supplies 2487 104.92 Clark's Auto Parts Vehicle Supplies 2488 100.00 Coastside Pro-Flame Propane Fuel 2489 67.55 Sheryl Cochran Private Vehicle Expense 2490 3,600.00 Computer Resource Center Training 2491 400.00 Toni Corelli Professional Services 2492 42.00 **' County Park& Rec Directors Assn. Registration 2493 92.31 Alice Cummings Photography Supplies 2494 49.80 The Darkroom Photographs for Annual Report 2495 274.51 Economy Business Machines Typewriter Repair 2496 2,524.06 Design Concepts Design, Production--Printed Materials 2497 970.33 John Escobar Conference Expenses 2498 64.50 Federal Express Corp. Express Mail 2499 167.00 Federal Parks&Recreation Subscription 2500 701.54 Jean Fiddes Conference Expenses 2501 1,444.64 Foster Brothers Security Systems Field Supplies 2502 --295- e-e8- Gateway Title Company Sink Property Purchase 265,000.00 2503 2,306.07 Geotechnical Management, Inc. Well Hook-up--Bean House 2504 840.00 Goodco Press Printing 2505 173.56 Mary Gundert Private Vehicle&Permit Fee 2506 964.87 Harbinger Communications Revise Mailing List 2507 906.25 Harrington&Associates Anniversary&Strategic Plan Consulting 2508 368.97 Home Depot Field Supplies 2509 132.97 Image Technology, Inc. Artwork 2510 202.60 Jobs Available Inc. Advertising 2511 237.07 Ed Jones Company Ranger Badges * Emergency check i=sued on April 30, 1992 ** Emergency check issued on April 24, 1992 *** Emergency check issued on April 23, 1992 Claims No. 92-09 Meeting No. 92-12 Date: May 13, 1992 REVISED MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT Amount Name Description 512 119.95 Tom Karnofel Uniform Supplies 513 445.24 Keeble&Shuchat Photography Photographic Supplies 514 1,500.00 Ripp King-TV Designs Production--Public Service Announcements 515 215.00 Lopez Gardening Service Gardening Service--Distel 516 773.71 Los Altos Garbage Co. Dumpster Rental 517 127.68 Merwin Mace Private Vehicle Expense 518 200.00 Magana's Building Maintenance Janitorial Services-Distel 519 51.08 Marie McGough Reimbursement--Office Supplies 2520 65.27 **** Lauren McGuire Reimbursement--Trail Days Supplies 2521 117.11 Minton's Lumber&Supply Field Supplies 2522 132.00 City of Mountain View Signs at Deer Hollow Farm 2523 50.00 National Recreation&Park Assn. Membership 2524 6,190.00 Stanley Norton Litigation and March Expenses 2525 481.01 Orchard Supply Hardware Field Supplies 2526 1,143.49 Pacific Bell Telephone Services 2527 121.72 Loro Patterson Reimbursement--Field Supplies 2528 ..74.87 Peninsula Blueprint,Inc. Reproduction of Plans&Specifications 2529 592.18 Peninsula Newspaper Group Advertisements 2530 320.00 Steve Petillo Training 2531 41.57 PIP Printing Printing 2532 77.61 Pitney Bowes Postage Meter Rental 2533 120.00 Town of Portola Valley Plan Review 2534 2,000.00 Postage by Phone Postage 2535 746.44 Rich's Tire Service Tires and Repair 2536 2,368.50 Robertson,Alexander,Luther et al. Legal Services 2537 120.50 Rokon International Repair Kit 2538 1,071.04 Roy's Repair Service Vehicle Repair 2539 4,817,80 Sandis&Associates Survey Service 2540 387.90 San Francisco Newspaper Agency Advertisement 2541 160.25 San Jose Blueprint Printing&Binding 2542 142.72 San Mateo Times Newspaper Group Advertisement 2543 1,933.82 Santa Clara County Sheriff's Dept. Patrol Services 2544 124.21 Shell Oil Company Fuel 2545 58.00 Skyline County Water District Water Service 2546 100.00 Smythe Buick Vehicle Repair 2547 1,017.00 William Spangle&Associates Master Plan Update 2548 7,328.86 The Steinberg Group Architectural Services--Distel 2549 95.15 Jacqueline W.Stewart Legal Services 2550 15,200.00 Summit Springs Design Skyline Ridge Development Project 2551 303.48 Summit Uniforms Uniform Supplies 2552 271.25 Tap Plastics Office Supplies 2553 1,380.19 Teater&Etc. Artwork 2554 142.73 Unocal Fuel 2555 35.61 United Parcel Service Shipping 2556 2,385.00 United Soil Engineering, Inc. Soils&Foundation Study 2557 150.00 US Rentals Equipment Rental 2558 540.00 Valley Title Company Title Reports 2559 153.82 WMI: Port-o-Let Sanitation Services 2560 238.20 The Workingman's Emporium Uniform Expense 2561 358.80 Yardbird Field Supplies ***x Emergency check issued on May 1, 1992 Claims No. 92-09 Meeting No. 92-12 Date: May 13, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description W-------------------------------------------------------- 2562 405.00 County of Santa Clara Geologic Review Fee 2563 336.02 Petty Cash Local and Out-of-Town Meeting Expenses,Film and Developing, Postage, Membership Dues,Office Supplies and Private Vehicle Expense Open Space A.�y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-56 Meeting 92-12 May 13 , 1992 AGENDA ITEM Appointment of Peace Officer ASSISTANT GENERAL MANAGER ' S RECOMMEND ION \ Adopt the attached Resolution of the Board of D rectors of the Midpeninsula Regional Open Space District Appointing Peace Officer. Discussion: At your meeting of January 14 , 1976 , you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830 . 31 (b) of the Penal Code of the State of California (see report R-76-2 dated January 7 , 1976) . Kenneth A. Miller has met the necessary Penal Code requirements to qualify him for appointment . The passage of the attached resolution will complete the appointment process . Prepared by: John Escobar , Operations Manager Contact person: Same as above 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 Han ko,Betsy Crowder,Richard Bishop RESOLUTION NM RESOLUTION OF THE BOARD OF T)TRECTORS OF TFIE MIDPENTNSULA REGIONAL OPEN SPACE VISTFICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Spac— District does hereby resciva as Eolicars : Then following person is liel7eby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830 . 31 (b) of thm Penal Code of thf,-, state of California . to enforce the Regulatory Ordinance fr,)y use of MidpeninsuLi Rogional Open Space Disttlicnt lands and any applicable federal , state and 1ncal laws : Kenneth A . Miller Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-54 Meeting 92-12 May 13 , 1992 AGENDA ITEM Proposed Addition of the Sink Property to the t. Umunhum Area of Sierra Azul Open Space Preserve ASSISTANT GENERAL MANAGER' S RECOMMENDATIONS 1. Adopt the attached resolution authoria n u hase of the Sink property. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION This 26. 66-acre property is located in the headwaters of Guadalupe Creek east of Mt. Umunhum. It is bordered on the north by a 27- acre private parcel. District land adjoins the property on the remaining three sides. The site slopes steeply east to Guadalupe Creek, which passes through the southeast corner of the property. Chaparral is the primary plant community. Oaks, bay laurels, and pines are common on the site. Access to the property is via Barlow Road, a narrow dirt road connecting Mt. Umunhum Road with Woods Road. A gated driveway leads to a relatively level area where a two bedroom, one bath house sits. The house was built about five years ago and is in good condition. It is approximately 1000 square feet and is equipped with a dual propane and electrical system. There is an on-site electrical generator and a 12 volt battery system. The house is on a septic tank system. Several unimproved roads cross the property. One leads to an approximately 1500 gallon redwood water tank located on the hillside above the house. A creek-fed gravity water system serves the property. There are several animal pens located below the house. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert trench Board of Directors:Katherine Duffy,Robert McKibbi n,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-54 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated Santa Clara County, outside District boundaries, but within the District's sphere of influence. The zoning is hillside (HS) , requiring a 20 to 160-acre minimum lot size. The property was not rated for suitability as open space, in the District's Master Plan. Woods Road has been identified by the Bay Area Ridge Trail Council as a potential trail corridor connecting the Mt. Umunhum. Area of Sierra Azul Open Space Preserve to Almaden Quicksilver County Park. The subject property is located along Barlow road, which connects with Woods Road. Barlow Road could become a future trail route connecting Mt. Umunhum Road with Woods Road. Together, the two roads could provide a rugged, five mile loop trail especially suitable for equestrians and mountain bicyclists. Longer trips would eventually be possible by continuing along Woods Road to El Sombroso to connect with trails from the north and south. The Interim Use and Management Plan review for the Mt. Umunhum Area of Sierra Azul Open Space Preserve is tentatively scheduled for June, 1994 . Preliminary Use and Management Plan Recommendations Dedication: Withhold the property from dedication. This will allow the trade of development rights, or sale of a portion or all of the property, if the District is not successful in acquiring other necessary land in the area. Name: Name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Signs: Install private property and preserve boundary signs where appropriate. Residence: Rent the house as an enterprise unit after the seller has vacated the property. The purchase agreement allows the seller to lease back the house for one year at a rate of $800 per month. Roads: Maintain for patrol. Site Emphasis Designation: Conservation Management Unit (CMU) R-92-54 Page 3 Public Safety Review: Staff has performed a preliminary inspection of the site and found no public safety hazards. When the seller vacates the property staff will perform a more detailed site inspection. TERMS AND FUNDING The full purchase price of $265, 000 is payable in cash at close of escrow in accordance with the District's standard form of purchase agreement. This price is considered to be fair and reasonable for a legal building site as improved, based upon current real estate market activity in the area. The site value is estimated to be $150, 000. The house, including the water, septic, and electrical systems, is valued at $115, 000 as a part of the over-all value. FISCAL YEAR 1992-93 CASH EXPENDITURES FOR OPEN SPACE ACQUISITIONS Funds for the 1992-93 fiscal year - cash $5,923 , 000 Approved acquisitions (escrow closed) 350, 000 Approved acquisitions (escrow not closed) 75, 000 Sink property acquisition 265, 000 lRemaining cash balance for 1992-93 fiscal year $5, 233 , 000 Prepared by: Sheryl Marioni Cochran, Open Space Planner Contact person: Same as above. RESOLUTION 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 SINK) 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 Richard C. Sink et ux. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager or 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, site clean-up, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $265, 000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1. 103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SITE MAP: PROPOSED N TO THE MT. UMUNHUM AREA OF . `..�� aMll SIERRA AZU L OPEN SPACE PRESERVE MWO �. on AN PRO IV!; WE 01 ��'g, ..'��'��.�oo-��'� edam's`�• � �\� {� 2• ..0 t t i PROPOSED ADDITION TO THE � W MOSITE MAP:MT. UMUNHUM AREA OF • Y µ (f(�" y7May I..fir ••• • North .••4. ti,'�, 3� �`°"^^-w.•, •, +^~ y -11/ ;.r.E,!r' -'�: . • ' _'i � � �, e6 0'. • ".,� r ��r Fled!t r,�'g ON �',I --will � '`P IIAlPl i W MIA 1� �� :gym"" .o-r',.; �.►.i� \, "1� `4 *.y��' ,... ",mot. • �. �� `� lC[.R�. • • . � '1\• .�s � -- erN. ``C q^ �` �•1+� I •rr JJJ _ ..w+ 9\`yyet, '^r". . 2 Z ^a.�. ,..9�`� , -9 "l,�•i fl/ 1 •• �. j��""� . SITE MAP: PROPOSED ADDITION TO THE May 1992 Scale: I"=2000'-U' North PAO- > e { 1'IY�`.�V 9 � � - �.., • f•� W. F�F/r�/a��ie� (.�9p-" '�1.../ � ( / "\ ! I� � Al Ww- rA � �► iX ,,..r"'o ... a .�4 •� ''�4..- t„`?bw'YiI%INE,e� i lf' \ '�' •. *�•� �' a,,. { .�ems: . , } ,p -�..",� �' � . • i tom. A 'l p Fr.q,`E �,y��-,�•.a��Fir^',9� ,b � ,� Syr. 1� • {��w,,,.,;,� l,,A!'! �� r r� ��g�•v�P• ��myr',� � A 3 ,. +(^..�a r �s*a�x.. • • - t i :..✓' � '�+.ti 7 a f .9, (q f !i .fir 3 ►:_• �i. k . t SITE MAP: ��•�t • i �� ( \ �� ( PROPOSED ADDITION TO THE MT. UMUNHUM AREA OF -- 1� SIERRA AZUL OPEN SPACE PRESERVE •0• • �'+. Win'..• +^�".r� .q�S6 ti lip VA ye Mm t ••• •• � @ � � �� '�z ,w».. 1�°:i % fin, ..� °� J �5' `� `�w''�""A ,�� wo� • • � tWA PROPOSE . 1 ' , Q `F r� - 1 1 •� ! � �,�� ..... � .. � -{ � ��„<,p, per'°' ',.w„- �`- ,,,,...�� .; . :��,��..�� ,�, � � •f o'er W .. � �l _ '' • , SITE ' • firPROPOSED ADDITION TO THE \/ `•"y /� six 1, �� ) MT. UMUNHUM AREA OF �'. 1 � `' \�, �, •'� €��°°. �� mow. ��)7�� (C . . � • • • ' PRESERVE .. �. ry • r 1 11 '� May 1992 s Pill . r �r1sn" r 4k IZ Ws AND : fix, � �, .w" Dd/�%� '\�� Q ► ^ \ .. ~b. !r ® /��JJ'/� 3'� ."' T '6•+?n"_.y \` . awls, .e�q �v. s � ti,.k` a •� ' � f f`' ' PURCHASE AGREEMENT This Agreement is made and entered into by and between Richard C. and Terri E . Sink, husband and wife, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " 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, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on March 6, 1992, thereby offering said real property for sale to the general public; 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 twenty six and sixty six one hundredths (26 . 66) acres, more or less, and commonly referred to as Santa Clara County Assessor ' s Parcel No. 562-07-009 . Said property being further described in the Legal Description attached to Preliminary Title Report number AL-190974 dated March 3, 1992 from Continental Lawyers Title Company, a copy of said preliminary 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 Purchase Agreement Sink Page 2 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 Sixty Five Thousand and No/100 Dollars ($265, 000 . 00) , payable in cash at the Closing (as further defined herein . ) 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 17 herein, an escrow shall be opened at Continental Lawyers Title Company, 4991 Cherry Avenue, Suite A, San Jose, CA 95118, phone number (408) 448-2500, or other title company acceptable to District and Seller (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 May 29, 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 . Purchase Agreement - Sink Page 3 (ii) District ' s check payable to Escrow Holder in the amount of Two Hundred Sixty Five Thousand and No/100 Dollars ($265, 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 property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Continental Lawyers Title Company, or other title company acceptable to District and Seller, 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 ($265, 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) 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 instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance 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 . Purchase Agreement - Sink Page 4 4 . Rights and Liabilities of the Parties in the Event of Termination . In the event this Agreement is terminated and escrow is cancelled 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. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. 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 Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property 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 . Purchase Agreement - Sink Page 5 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, except as may be necessary to clean the site in accordance with Section 15 herein. 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 (PCB ' s) , 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 : (i) During Seller' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance 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 understand and agree that Seller may be entitled to receive the fair Purchase Agreement - Sink Page 6 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 . Improvements "As Is" District has inspected the Property and at the Closing and/or possession of the Property by District, whichever occurs later, assumes all responsibility for maintenance of all structures and improvements, heaters, sewer system, plumbing and electrical systems and any and all built-in appliances and equipment; provided, however, that Seller warrants that the premises is in sound condition and repair as provided in Section 11 herein . 11 . Premises in Good Order and Repair. Since the Property is improved and includes many structures, trails, roads and appurtenant water systems and the like, Seller agrees to leave the entire premises in good order and repair, including all appliances which are to be left in good working order, and disclose all defects to District upon transfer of title . 12 . Miscellaneous Realty and Personalty Items Acquired. It is understood and agreed by and between the parties hereto that the payment in Section 2 hereinabove includes, but is not limited to, payment for those realty and personalty items as follows : freestanding wood stove, gas refrigerator, gas stove, dishwasher, television antenna, redwood water tank and water system, two storage sheds, one generator, floor and window coverings, shower curtain, washer and dryer, miscellaneous wood and animal pens, firewood, patio furniture, one rented propane tank and a pipe corral with extra metal fence poles, which are being acquired by District as a part of this transaction . 13 . Grace Period and Holdover Tenancy. In the event Seller does not, or is not able to, vacate the Subject Property on or before close of escrow, District agrees to rent the property and all improvements thereon immediately thereafter to seller at the rate of Eight Hundred and No/100 Dollars ($800 .00) per month for up to twelve (12) months, utilizing the District ' s standard form of Residential Rental Agreement, attached hereto as Exhibit "B" and incorporated herein and made a part hereof by this reference . Any holdover by Purchase Agreement - Sink Page 7 holdover by Seller beyond the end of said twelve month period shall continue on a month-to-month basis, provided, however, that District shall be free to request that Seller vacate the premises at any time after said twelve month period, or to increase the rent as District may seem fit . 14 . Relocation - Knowing Waiver. As stated in the recitals hereinabove, Seller has listed the Property for sale on the open market and as such, Seller acknowledges that they understand the relocation benefits and/or payments that may be available to them, including, but not limited to: relocation advisory assistance, rental differential payments, purchase differential payments, interest differential payments, reasonable moving expenses, self-move expenses, loss of tangible personal property, search expenses, in- lieu payment of business and/or farm relocation assistance; all pursuant to California Government Code Title 1, Division 7, Chapter 17 (Section 7260 et secr. ) ; and further, Seller acknowledges receiving the booklet entitled "Residential Relocation Assistance Program" from District, and Seller having read and understood said booklet, does hereby knowingly waive any and all of such relocation assistance and/or benefits that may be available to Seller (or those claiming through Seller) . 15 . Removal of Personal Property and Debris . It is understood and agreed that located on the Property being acquired by District are many items of real and personal property of Seller including: one fiberglass spa, two car seats, one two barrel smoker, one doghouse, miscellaneous automobile parts, tires, two automobiles, one utility truck bed, a water heater, one utility trailer, bricks, wood fence posts, telephone pole sections, PVC pipe, plastic irrigation pipe, miscellaneous gardening materials, one clothes dryer, welding materials, a disassembled aluminum shed, one fiberglass shower, rebar, one wooden chest of drawers and miscellaneous building materials which are not being acquired by District . It is agreed that Seller shall remove any and all of these items from the Property on or before thirty (30) days following vacation of the property by Seller, and leave the Property in a neat and clean condition . It is further agreed that from the amount payable under Section 2 of this agreement, Escrow Holder is authorized to withhold the sum of Five Thousand Dollars ($5, 000 .00) , to cover District ' s costs of removing said items in the event Seller fails to perform or to leave the premises in a clean and respectable condition. Escrow Holder shall release said $5, 000 . 00 to Seller at any time Seller completes the clean-up and removal to District ' s satisfaction, which satisfaction shall be expressed in writing. If Seller does not complete such clean-up and removal, District shallgive Seller notice of any deficiency (to be corrected within ten (10) days) . If Seller does Purchase Agreement - Sink Page 8 not complete the removals and clean-up within the said ten (10) days, District shall have the same completed and deduct such expenses from the $5, 000 .00 so withheld. The remaining balance, if any, shall be released by Escrow Holder to Seller upon written notice from District . 16 . Miscellaneous Provisions . 16 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 16 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 16 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may : (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 16 . 04 Rights Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither Purchase Agreement - Sink Page 9 constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 16 . 05 Notices . All notices, consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph, telefax communication 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 : Richard C . and Terri E. Sink c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (408) 268-4062 Fax: (408-927-0225) 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 (4 15) 94 9-5500 Fax: (415-949-5679) Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax: (415-327-9151) If sent by telegraph, telefax communication or cable, a conformed copy of such telegraphic/telefaxed communication 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 Purchase Agreement - Sink Page 10 any oral notice given shall not satisfy the requirement of written notice as provided in this Section . 16 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 16 . 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 . 16 . 08 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 16 . 09 Entire Agreement . This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 16 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 16 . 11 Survival of Covenants . All covenants of District or 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 and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 16 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under Purchase Agreement - Sink Page 11 this Agreement to any third party without the prior written approval of the other party. 16 . 13 Further Documents andActs . 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 . 16 . 14 Binding on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 16 . 15 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. 16 . 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 . 16 . 17 Pronoun Reference_a. 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 . 17 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before April 8, 1992 District shall have until midnight May 13, 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 the 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 - Sink Page 12 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: Richard C . Sink 13t�— A�?� r Date: Stanley Nort n, 'District ounsel A EPT F R\ RE MMENDATI N : Terri E . Sink L . Craig Britton, SR/WA Date : Land Acquisition Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST: District Clerk Date: CONTINENTAL LAWYERS TITLE COMPANY Aaolly Owned Subsidiary of Lawy Title Insurance Corporat .1 4991 Cherry Avenue, Suite A San Jose, California 95118 (408 ) 448-2500 TO: Gary Beck, Land Broker 7172 Anjou Creek Circle San Jose, CA 95120 Escrow Officer: Pat Theiss Title Officer: Randy Fry Buyer: Property 562-07-009 Address: Your No. : . Dated as of March 3, 1992 at 7:30 A.M. Our No. : AL190974 In response to the above referenced application for a policy of Title Insurance CONTINENTAL LAWYERS TITLE COMPANY, A California Corporation hereby reports that it is prepared to issue, or cause to be issued as of the date hereof, a LAWYERS TITLE INSURANCE CORPORATION policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect lien or encumbrance not shown or referred to as an exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in the attached list. 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 hereto) is issued solely for the purpose of facilitating the issuance of a policy of Title Insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of Title Insurance, a Binder or Commitment should be requested. The form of policy of Title Insurance contemplated by this report is: 1 . California Land Title Association Standard Coverage Policy - 1990 (x) 2. American Land Title Association Owners Policy ( 04-06-90) ( ) 3. American Land Title Association Residential Title Insurance Policy ( 6-1-87 ) ( ) 4. American Land Title Association Loan Policy (04-06-90) ( ) Rand is 11 �/ SCHEDULE A Order No. : AL190974 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Richard C. Sink, an unmarried man The land referred to herein is situated in the State of California, County of Santa Clara City of Santa Clara and is described as follows: The Southerly twenty-six and two-thirds (26 2/3 ) acres of the East one-half of Northwest one quarter of Section 8, Township 9 South Range 1 East, M.D.B. & M. APN: 562-07-009 ARB: 562-7-9 ....................... SCHEDULE B C •r No. AL190974 At the date hereof Exceptions to Coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: A. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1992 - 1993 which are a lien not yet payable. B. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1990 - 1991 . 1st Installment : $848.25 paid 2nd Installment : $848.25 open Land . $146, 128.00 Code Area 72007 Assessment No. 562-07-009 C. The Lien of Supplemental Taxes if any, assessed pursuant to the provisions of Chapter 3. 5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California. 1. Lack of a right of access to and from the land. 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Town of Los Gatos, a municipal corporation Purpose Right of way for the construction and maintenance of a sewer Recorded June 9, 1922, Book 558, Page 106, of Official Records. Affects None shown 3. Any adverse claim based upon the assertion that: (a) Some portion of said land has been created by artificial means, or has accreted to such portion so created. (b) Some portion of said land has been brought within the boundaries thereof by an avulsive movement of Guadulupe Creek, or has been formed by accretion to any such portion. 4. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount $110, 000.00 Dated July 29, 1986 Trustor . Richard C. Sink, an unmarried man Trustee Santa Clara Land Title Company, a California corporation Beneficiary: John P. Marden, Jr. and Eileen H. Marden, his wife, as Joint Tenants Recorded August 18, 1986, Book J801, Page 1479, as Instrument No. 8898565, of Official Records. Loan No. CB17173 Address 1639 Pajaro Court, Fremont, California 94538 (Continued) Order No. : AL190974 PRELIMINARY REPORT-EXCEP' NS, Continued. . . 5. We will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically described said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties : Richard C. Sink 6. This Company will require that the spouse of the vestee named below join in any conveyance or encumbrance before such transaction can be insured. Vestee Richard C. Sink ``4EDULE B, CONTINUED - -der No. AL190974 NOTE NO. 1 : There are no conveyances affecting said land, recorded within two ( 2 ) years of the date of this report. NOTE NO. 2: The charge for a policy of title insurance, when issued through this title order, will be based on the basic (not short-term) title insurance rate. NOTE NO. 3: For information purposes, attention is directed to the fact that the property does not appear to abut a public road or highway nor to be served by any right of way or easement over adjoining or adjacent property to any such public road or highway. NOTE NO. 4: Grant Deeds describing said land will be subject to a $10.00 fee for Survey Monument Preservation Fund at time of recording. NOTE NO. 5: On or after July 1, 1985, the County Recorder' s Office will charge, in addition to the regular recording charges, an extra $20.00 recording fee, unless a document evidencing a change of ownership is accompanied by a "Preliminary Change of Ownership Report" . In lieu of said report, signed by the transferee, the recorder will not charge an extra fee, if the document is accompanied by an affidavit signed by the transferee that the transferee is in fact not a resident of California. Our title billing will be adjusted to include such additional fees when applicable. NOTE NO. 6: Pursuant to the Tax Reform Act of 1986, an escrow agent must report to the Internal Revenue Service the gross sales proceeds (sale price) for each real estate transfer handled. Failure to provide a correct Tax I .D. Number (Social Security Number) will delay closing, and may require 20% (of sales price) Federal Income Tax withholding. NOTE NO. 7: Buyer is hereby notified that the provisions of California Revenue and Taxation Code Sections 18805 and 26131 are applicable to certain sales of California real estate by nonresident sellers. For additional information concerning the withholding provisions under the code sections referenced above, please contact the FTB-Withhold at Source Unit, ( 916 ) 369-4900, P.O. Box 651, Sacramento, California 95812-0651 . NOTE NO. 8: The Company may make other requirements or exceptions upon its review of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. D.T. 03/18/92 RF/kr Cri10E Or COUMTM •SSESSO4•.•SAMTA C11U COUMTV, CAL301tM14 (l/ BK 1 wolc o.�E PueD/o Tra[I N! 3` 575 S62 • * e � tip t OF"cFVPa[•WATCH COM SQ wa f♦ gi:C7rvF P.R►uapr 1.Na0 , ♦ l ALFUD E.CrwioM-ASUMM OQ�r Lob P S This map Is furnished without IiaDility \ 'STr as to its accuracy. and its sole purpose is for the convenience of location of �y \ • � �, ► AP the property in auection. C0y1INEN7At LAND TITLE B \ ♦y>_ 33 o� t� J 411, . 9 IleTF.9 S.,iL I E. 4P • ♦c \ ............. ...�4ft�` eP -,Cv0, Th"fraO i51URRr.C1C:[5 S91t D r0 ii os t�d;accuuc! •,r_auol+of is tv mz rrcve n� =e�• � 1 •Stl^.r. m�NI1Nf tl1 a:1l C•UY C.li TV?l.E ! CC ' miss.rro 1 tN7di�— RESIDENTIAL RENTAL AGREEMENT (Month-to-Mor THIS AGREEMENT is made and entered into this day of 1 19_, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and Richard C. and Terry Sink (hereinafter together called "Tenant") . RECITALS A. District is the owner of that certain real property consisting of a two bedroom, one bath house of about 1100 sf in area and associated landscaping, water system, and other amenities located on Barlow Road (APN 562-07-009) County of Santa Clara , State of California, as more particularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "premises") , together with the appliances and other personal property currently on the premises which are listed in Exhibit "B" attached hereto (the "personal property") . B. District desires to lease the premises to Tenant, and Tenant wishes to hire the premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the premises to Tenant, and Tenant hereby hires the premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. Tenant shall also be entitled to use the personal property during the term of this Agreement, subject to the provisions hereinbelow set forth. 2. Term. The term of this Agreement shall commence on - 1 19 and shall continue thereafter on a month- to-month basis until (a) thirty (30) days after delivery by either party to the other of written notice of a desire to termi- nate this Agreement, or (b) termination pursuant to the provi- sions of this Agreement hereinafter set forth. 3. Rent. Tenant shall pay to District each month as rent for the premises the sum Of --Eight Hundred Dollars exactly ($ 800.00) . Said rent shall be payable in advance on the first day of each month during the term of this Agreement to District at Old Mill Office Center, 201 San Antonio Circle, Building C - Suite 135, Mountain View, CA 94040, or at such other address as District may from time to time designate in writing to Tenant. Rent from the date of execution of this agreement until the first day of the following month shall be prorated, and paid at execution. District may increase or decrease the amount of monthly rent payable by Tenant to District upon thirty (30) days prior written notice to Tenant; however, the rent shall not be si increased for the first twelve months following the effective date of this agreement. Subject to Paragraph 5 below, rent shall be payable only by personal check, cashier's check, money order, or in cash. 4. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be imprac- ticable and extremely difficult to fix. Tenant therefore agrees to pay five percent (5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall paoo z b e together with rout for the del jeut period. 5. Dishonored Checks. In the event a personal check given by Tenant to District for payment of cant uxa/z be dishonored due to insufficient Cuouo' District agrees to make one attempt to rodannoit the first (and only the first) of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's nbeok' money order, or oa6b only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Paragraph ]' as the same may be changed by District from time to time. S. Security Deposit. Tenant shall upon execution of this Agreement deposit with District the sum of zero Dollars ($_zero) (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to romoux any default in payment of rent by Tenant, to clean the premises upon termination of this Agreement, and to repair any damage to the premises resulting from Tenant's occupancy of the premiaea' District abaII return to Tenant within two weeks after the latter of termination of this Agreement or rauaut'e vacation of the premises, the entire amount or the Deposit, without interest thereon, Ieao only such sums as District is entitled to apply against vnnoiu r*ot, czaaoiuo the nremiaea, uuu/nr repairing any damage tbereto' District obaII not be required to keep the Deposit separate from its general Couua. rouaut may not apply the Deposit to rent duo under this Agreement without District's prior consent. 7. Possessory Interest Tax. zouaot acknowledges that Tenant's interest in the premises under this Agreement may now or hereafter be subject to a pooaooaozv interest tax imposed by the County in which the premises are situated or by other lawful governmental autuoritr' Tenant abaII nay any such possessory tax prior to delinquency thereof, and obaII not be entitled to offset the amount of such tax against rent payable under this Agreement. 8. Use. rmoaut understands that it is District's inten- tion to preserve the open apace character of the land upon which the premises are located, and zouaut agrees to use the premises in o manner which is consistent with such intent. Subject to the foregoing sentence, the premises may be used as a personal resi- dence for the cuzzoviog named individuals only: Richard and Terry Sink and their two children , and for no other purpose without District's prior consent. Occupancy by guests staying more than fourteen (zo) uava without the prior written 000auot of District shall be considered a breach of the provisions regarding assignment and auuzottioo set forth in Paragraph 16 below' Tenant shall be entitled to beon as pets and not for commercial purposes the following animals: ' Tenant shall not do or permit auvtbiuo to be done in or about the premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the premises or any part hereof, or any or its nnuteuta' Tenant ouazz not commit or allow to be committed any nuisance or waste in or upon the promises' and shall not permit trash or garbage of any kind to accumulate on or about the premises. Tenant anarifiouIly agrees not to cause or permit any cutting of live trees, grading of soil, or hunting or animals in the immediate vicinity of the premises. Tenant shall not use the premises or permit anything to be done in or about the premises which will in � any vox conflict with any law' statute, ordinance, code' rule, or � Page 3 ation of lawful governmental au ity, including but not 1 ted to District's "Regulations fo. Jse of Midpeninsula Regional Open Space District Lands," and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. Said regulations are attached hereto as Exhibit "C". 9. Utilities. Except for water , which District shall provide at no additional cost to Tenant, Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the premises, including but not limited to water, gas, electricity, garbage removal and telephone service. District shall not be liable for any failure or interruption of said services or utilities unless caused by the willful misconduct of District. Tenant hereby acknowledges the following special conditions: This property is serviced by its own private watwer system, the maintenance of which shall be the responsibility of the tenant. 10. Maintenance and Repair. (a) Tenant shall, by taking possession of the premises, be deemed to have acknowledged that the premises, as of the date of taking such possession, are in good, clean and safe condition, order, and repair. Routine maintenance of the premises shall be the responsibility of the tenant. (b) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the premises and every part thereof, and the personal property, and the lawn, shrubs, and other land- scaping surrounding the premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising the premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty (30) foot fire break in compli- ance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. Except as set forth in Paragraph 10(a) , District shall have no duty whatso- ever to maintain or repair all or any portion of the premises, or the personal property, or any personal belongings or leasehold improvements of Tenant. 11. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant's use of the premises, or from any occurrence, in, on, about, or related to the premises, with a single combined property damage and personal injury limit of $300,000. All such public liability insurance shall insure performance by Tenant of the indemnification obli- gations of Tenant set forth in Paragraph 15 hereof, and the Policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of such insurance to District naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancellable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 12. Alterations. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the premises or any part thereof, without the prior written consent of District. All such alterations, additions, and improvements Page x l become and remain the propazt District immediately upon ,az/atiou or construction tuereol . the premises unless Tenant and District shall otherwise agree in writing. 13. Liens. Tenant shall keep the premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 14. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to property or injury or death to any person in, on, or about the premises by or from any cause whatsoever. 15, Indemnification. Tenant hereby holds District harmless from and aball defend District from and against any and all claims of liability for damage to property or injury or death to any pocaou when such damage, injury or death shall be caused in part or in whole by the use of the premises by Tenant or rooaot'o invitees or contractors, or from the failure of Tenant to keen the premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement. Is' Assignment and Subletting. Tenant shall not aeoioo this Agreement or sublet a or any interest therein without the prior written consent of District, °biub consent may be withheld for any reason. 17. be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as rea- sonably Possible after Tenant notifies District of said damage, either (i) to repair the same and restore the premises to sub- stantially the same condition as existed immediately prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate. In the event District shall elect to repair or restore the premises pursuant to this Paragraph 17, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoy- ment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or main- tained by Tenant in or about the premises, including the personal property listed on Exhibit "B", and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings or household goods. 18' Entry by District. District ebalz' at any and all rea- sonable times and �--- o on reasonable notice, have the right to enter the premises to inspect the same, to Post outinoa of non-respon- sibility, to repair the premises, and to exhibit the premises to prospective tenants. Tenant hereby waives any claim for damages for any zooa of occupancy or quiet enjoyment or the premises occasioned thereby. 19. Default by Tenant (a) The occurrence of any of the following abuII con- stitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the premises by Tenant; or (ii) u failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. (b) In the event of any such default by Tenant, tboo Page 5 ddition to any other remedies a able hereunder to District at law or in equity, this Agreemenc and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event' Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 20. Surrender; No Relocation Rights. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the premises and remove all persons and personal property therefrom, and shall surrender possession of the premises to District with the condition of the premises as it existed at the commencement of the term of this Agreement, subject only to rea- sonable wear and tear and damage due to causes beyond the reason- able control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family, the members of which may occupy the premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq. , and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liabil- ity, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By their signatures below, Tenant specifically acknowledges and accepts paragraph 20 of this Residential Rental Agreement. i Date: `I� � Tenant: "z C- Richard C. Sink rVJ StA Terry Sinkk 21. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District Old Mill Office Center Building C - Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: L. Craig Britton (415) 949-5500 Tenant: Mr. and Mrs. Richard C. Sink P.O. Box 208 New Almaden CA 95042 Page 6 ice given by mail in accordance the requirements set �-th above shall be deemed to have been delivered five (5) days after the posted date of mailing. 22. waiver. Waiver by DistricL of any breach of any Lorm, covenant, �;r condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. 23. Attorneys' Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys, fees as fixed by the Court having jurisdiction. 24. General. (a) This Agreement contains all of the terms, cove- nants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. Page 7 ID 2NESS WHEREOF, District and Tena, ave executed this AgrCement the day and year first above written. "DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By L. Craig Britton Land Acquisition Manager "TENANT" By (3,, ' C— S ✓� Richard C. Sink By QJI � l An_ Terry Sink- Date I Crf ICE of Cou.n ASSEff04•••SwTA Cv.0 COUwn, CAt.•ogmjA r8K p�oc a.at Tracf ,,, �1575 562 7 out Olc �\ `allo4 i\\ `\ 30 \ asG t. \a p\ \ \ CUrtA H CC►�a wSUM 321 6T �y _ P� 22 '•� 1ti1 r Z 09 Lt t a [J y►�¢ P G\off 0• 5 x Thic map is furnichel without liability ur \ �\ ac to its accuracy. and its sale p pose is for the cenvenience of location of tTK preperty in queetioft 1•.f7+rro 1 TITLE Or'}:io }S4 3 5 CONTlt1ENTAL LAND a JI ;P 9 S,RIE. �PVP \1. 1 • • � ` \•�•......� bit ,, \t 1 l� i� mfrel w l: outpost h ,i cif�,Sp is to �,u.::S Spa o11t D°St ",lion of �� O CC:•... .._... 1 IIY JM � —�r.t<rrrfo-- EXHIBIT "B" [List o- Personal Property Owned b, -)istrict] 1 ) One freestanding wood stove 2) One gas refrigerator 3 ) One gas stove 4) One dishwasher 5) One television antenna 6) One generator 7) Window coverings 8) Shower curtain 9) Washer & dryer 10) Firewood 11 ) J?Atio furni.ture 12) One rented propane tank Open Space ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-51 Meeting 92-1.2 May 13 , 1992 AGENDA ITEM Consideration of Assessment District to Help Fund Vidovich Property Addition to Rancho San Antonio Open Space Preserve GENERAL MANAGER ' S RECOMMENDATIONS 1 . Adopt the following resolutions : (a) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Initiating Proceedings for the Formation of an Assessment District; (b) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Bond Counsel. , Engineer. of Work, and Underwriter for Assessment District No. 1992-1 (Vidovich Acquisition) ; and (c) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Declaring the Official Intent of the Midpeninsula Regional Open Space District to Reimburse Certain Capital Expenditures from the Proceeds of Assessment District Bonds, Relating to the Acquisition of Open Space Lands , 2. Set a goal of raising a maximum of 10% of the total cost of the Vidovich acquisition through formation of the assessment District , with a companion goal of not exceeding an average individual assessment of $85. 00 annually. 3 . Direct staff to mail a letter from the Board President to property owners in the proposed assessment District area , after preliminary work is completed by the engineer , explaining the need and the process , and inviting them to an informational meeting. Background : The District has spent approximately $7 , 300 , 000 over the years to acquire the 3 , 336-acre Rancho San Antonio Open Space Preserve lands . In October 1991 you approved a settlement option agreement. with John Vidovich to acquire 280 acres of his property as an addition to Rancho San Antonio Open Space Preserve . The option to acquire the property for $8 , 500 , 000 required an initial payment of $2 , 000 , 000 with the balance of $6 , 500, 000, plus 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 m 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 Report R-92-51 Page 2 interest and other costs of $817 , 000 , due on December 31 , 1992 . The total cost of the Vidovich acquisition project would, therefore , be $9 , 317 , 000 . The District spent an average of $2 , 190 per acre for the lands already acquired and, by comparison , $33 , 275 per acre will be spent for the Vidovich purchase , making this the most expensive property ever to be acquired by the District . Early on , District staff had stated in meetings with Measure B supporters (and opponents of development proposals) that it would probably be necessary to create an assessment district in the area to raise about $1 , 000, 000 to help fund the purchase. The final negotiated price for the property confirms that necessity. Overwhelming support by area residents for preserving this property has been evidenced by their passage of Los Altos Hills Measure B in 1989 to protect the hillsides , by the support of the Ins Altos and Los Altos Hills Councils , and by the public testimony given in favor of acquisition of the property, including use of eminent domain if necessary . Based upon preliminary appraisals , the District had budgeted $5 , 500 , 000 of its limited acquisition funds for this project , leaving a shortfall of almost $4 , 000 , 000 . Nonetheless , you did approve the agreement (please see attached report R-91-118) anticipating the formation of an assessment district . Additional factors critical to acquisitions at this time strain the District ' s financial capabilities . First , costs to provide for sufficient staff resources to plan for proper use of District lands and to provide responsible maintenance and patrol of such land as the Vidovich property continue to increase. Secondly, unexpected opportunities to acquire important major , and costly, additions to Sierra Azul and Windy Hill Open Space Preserves have recently arisen . In general , perhaps due to the recession , many parcels throughout the District are newly on the market at reasonable prices . In short , the District needs help more than ever in financing this project . The method selected for further investigation was a special assessment district in the area to assess those properties that stand to benefit most from acquisition of the 280 acres for permanent open space . Some of the benefits that would accrue to properties in the immediate area are prevention of additional neighborhood traffic and other adverse environmental effects from development of housing, views of untouched hillsides , and proximity to a recreation area via neighborhood trail access . Report R-92-51 Page 3 Other Joint Funding Projects: The District has entered into several other cooperative projects in local areas to fund acquisitions . For example , San Carlos residents adjacent to the former Hassler Health Home property passed petitions to create an assessment District which raised about 10% of the acquisition cost of the Pulgas Ridge Open Space Preserve . Seventy acres of land acquired in Woodside as part of the approximately 624-acre Teague Hill Open Space Preserve acquisition was land the District agreed, at the time of acquisition, could be sold off for development to help finance the project . After Woodside considered, and eventually decided against , acquiring the seventy acres to keep it undeveloped, the District is proceeding to market this parcel for sale. The 280 acres the District-- would like to acquire from Mr. Vidovich does not lend itself to partial. development . Tn fact , the area that could be readily developed is along the ridge line from Olive Tree Lane, the area that has the highest open space value. The District has had three joint funding projects in Los Gatos to help acquire close-in property wherein the citizens of the town contributed an additional $1 , 740 , 000 toward open space acquisition. Additionally, the District is currently investigating assessment district possibilities again in San Carlos and in Portola Valley. These kinds of cooperative projects are becoming increasingly necessary if the District is to fulfill- its mission of protecting a continuous greenbelt with limited tax income . Tn the present case, what is sought is only about 1.0% of the total purchase price, a figure that seems quite commensurate with the special benefit neighboring property owners will receive. Public Opinion Survey: The first step in investigating the potential boundaries of an assessment district was to commission a public opinion survey in an area that might potentially be included. J. Moore Methods in Sacramento drafted the survey in cooperation with the District . The primary area identified that would benefit is the area north of the Vidovich property and Rancho San Antonio Open Space Preserve and bounded by Moody Road and Interstate 280 on the north (see attached map) . Tt includes about 900 parcels in Los Altos Hills , as well as unincorporated territory. A secondary area just east of T-280 comprising about 400 parcels was surveyed for comparison purposes . (Tnadvei-tently, a small. number of people well north of Moody Road were also polled. ) T want to emphasize that the area boundaries chosen for the survey were not intended to be the final boundaries of an Report R-92-51 Page 4 assessment district . The latter would be determined by the engineer ' s study and public hearing process . A total of 100 registered voters was surveyed . The results of the survey are attached. The $135 annual figure for 20 years was chosen since it would yield about $1 , 000 , 000 in the primary area . A follow-up question to gauge support at a lesser level. arbitrarily used about half that , or $70. As you can see from the results of question 4d, 49% of those surveyed west of T-280 were supportive at the $135 level , with 11% stating no opinion. The support was much greater at the $70 level with 69% of those west of the freeway in support (64% overall) . Financing: The goal was to raise $1 , 000 , 000 in net proceeds from a debt issue that is to be repaid from annual assessments on property. Prudential Securities , the District ' s underwriter for recent note issues , has performed calculations for various financing mechanisms , based upon current interest rates and approximate underwriter ' s discount , debt service reserve, and other costs of issuance . Based upon the survey results , polling at the $135 and $70 levels , and his experience with similar surveys , the survey consultant believes that $85 per year would have been supported by at least 55% of those persons surveyed west of the freeway. Table 1 lists the net proceeds at the $85 level as estimated by Prudential Securities for the most advantageous financing method. Tn this example , 970 assessable units were used. Table 1 . Net Proceeds at $85 Annually (970 units) FIRST ASSESSMENTS TERM TERM 20 YEARS 30 YEARS Fiscal Year 1992-93 V $720 , 000 1 1 $860, 000 1 Year 1993-94 $650, 000 1 $290 , 000 Timing is critical . First , the District must issue bonds in time to meet the December 31 , 1992 land payment deadline. Tf you give final approval to the assessment district by the end of July 1992 , assessments will begin this fiscal year . Tf that date is missed , one year ' s capitalized interest may also have to be financed, leading either to a higher assessment for the same net yield or a lower net yield for the same assessment . By going to a 30-year term and meeting the August 1992 lien date deadline, $860 , 000 could be raised in this example (which is just an example) . Incidentally, each owner would have the opportunity to "pay off" the assessment in advance for approximately $950 before Report R-92-51 Page 5 the district goes to bond, thus avoiding the interest and a share of financing costs that is reflected in annual payments over time . Schedule of Actions : As shown previously, it is decidedly advantageous to complete proceedings in time for assessments to be levied for fiscal year 1992-1993 . Tn this case, your proceedings must be completed so that filing of the map and assessments with the Santa Clara County Auditor are made in early August 1992 . The accompanying schedule provided by the engineer shows the timing for successful completion. Each step will involve a public Board meeting with opportunity for the public to ask questions and to comment . The formal, public "protest" hearing would be the major occasion for formal comment . However, before that time it would be helpful to meet with Los Altos Hills and county officials , neighborhood groups , and individuals to explain the project and respond to questions in an informal setting. Therefore , after the engineer completes his preliminary work , a neighborhood meeting would be held . The crux of the engineer ' s work is to study the area and to recommend an overall boundary for the assessment district , to establish benefit to properties , and to recommend an assessment formula that reflects the benefit to individual properties (assessments need not be equal ) . Conclusion: The District has "stuck its neck out" to preserve 280 acres of critical property in the Los Altos Hills area and needs assistance. T believe that by providing full information to residents in the area , the people will be supportive of an assessment , as they have been for permanent protection of this resource. All previous reports , the purchase contract , and the survey are available to the public through the District office . Prepared by: Herb Grench, General Manager Contact person: Herb Grench, General Manager L. Craig Britton , Assistant General Manager, y tE��s� ,�} '�i�. •� � .,vn'ar' � ;. ,E•. Yes p <xi�'Cb�,T. a'?' s :&. iJ ... <P.. .... .4 R.::v:•• ;v:v?.�.::.J.:... Yv...:/{...:i ..::::w.:...h. .j•:: `.h }ja C vd'• :iS+�ry •:.. i .:"t::v'•i�*.:"..SY.::J::: ::: •. }•:i'?. is::i.' n,.*;...'i. .............. WV Vii ADDITION j.. .E. Y:: Y:;::.. Y;•; - ....': ..:, .:.. .:..fi.. it - •. :..x+ps' ,•,p X tA�yy. yy� • 4:1 . .. <:y::. :. :..:. ::{y :• �.• - •-. .- STUDY AREA y. -L-pa wC. x: i v' ,y� :. t / Y ; l .f Y r Y O r 9 I I� '\ 1 •t • %`.} f o - PROPOSED RIMAR _Trails � ASSESSMENT DISTRICT ' ?'��• x - STUDY AREA :� ■ :.::......:.. .;; ' �y 1 VIDOVICH PROPERTY 1 � 2 l Hidqtq Villas �1 Duveneck Windmill: - .•■ ('. Op pace S pasture Area x - _ - _ N ' Rancho San Antorno ■ Coun Park `. Eas enf a :. 11 gz�, , 1"�. �, c�-> � _ `_� � � / ynin8ry :c%ij[�;i.Y:;•y;:'' :'.►' �^ Rancho San Antonio O.S P. ;� J Cristo t - sto Rey;, l/, l\ Drive �. .. ,/r�.An"'��f V'. a.4x4.. ..s �••?, a}!'. -t ttJ: /=\\\.�-_ \tl �� '15.;::'::: .... w. / ::.:.. ?Jhw�' ..:::::. '. .4vw:. ......, !i'•+ ti:..{�.: : �t. .. .. ... ,\.:�_J - - I C :.yptl .... .... ...... .. .... :. .:..,h+.+.. 2t.. .... . .,.}fit c.. . .. :;�z< l :✓�-�••�. ,.'•�z':. • I .-.-� � :Y. ••-.. ...y��..,-.--q��t_ ._,,;:<a�♦}��^?Isaea .'+a" �l .. .........,at,.................... .. PROPOSED ASSESSMENT DISTRICT AREA April 6, 1992 Scale: 1" = 2000'-0" NorthT SUMMARY OF PROCEEDINGS FOR ESTABLISHING A LANDSCAPING & LIGHTING MAINTENANCE DISTRICT 1. Board of Directors adopts Resolution Determining to Undertake Proceedings to Form Landscaping & Lighting Maintenance District and ordering Preliminary Engineer's Report 2 . Board of Directors adopts Resolution Appointing Engineer of Work, Bond Counsel and Underwriter 3 . Engineer of Work prepares Report, Assessment District Boundary Map and Diagram and files these with Secretary of District 4 . Board of Directors adopts Resolution of Intention, Resolution approving Engineer's Report, Boundary Map and calling for a Public Hearing 5. Boundary Map of Assessment district filed with county Recorder within 15 days after Resolution calling for Public Hearing is Adopted 6 . Notices of Public Hearing Prepared and Posted, Mailed and Published at least 10 days before the date of the Public Hearing 7 . Public Hearing 8 . Board of Directors adopts Resolution ordering the Improvements, Forming the Assessment District, and Confirming the Diagram and Assessment 9 . Board of Directors adopts Resolution Determining the Cost of the Proposed Improvement Cannot Be Raised From a Single Annual Assessment Authorizing the Issuance of Bonds Pursuant to the Municipal Bond Act of 1915 10. Notice of Assessment Published and Mailed 11. Notice of Assessment, Assessment and Diagram filed with County Recorder Engineer ' s Proposed Schedule A Proposal for Engineering Services 4/21/92 B Board directs filing of Engineer ' s Report 5/13/92 • Adopt Resolution proposing formation of district and ordering Engineer to prepare report regarding the formation and the levy of annual assessments . Prepare 1992/1993 Engineer ' s Report Receive Data from District staff 4/24/92 • Meet with District staff 4/24/92 • Submit Preliminary Study 5/27/92 D Engineer ' s Report filed with District Clerk 6/10/92 E Board adopts Resolution of Intention 6/10/92 • Adopt Resolution of Tntention to levy and collect annual assessments and set time of Public Hearing F Publish and Mail Notice • Complete mailing of Notice 6/18/92 • Publish Notice 6/24/92 G Public Hearing 7/8/92 • Board conducts Public Hearing on the levy of annual assessment H Confirm Assessment and Diagram 7/22/92 • Adopt Resolution Confirming Report Ordering Improvement and Levying Annual Assessment 1 District Clerk files Report with County 7/24/92 • Engineer submits duplicate report, for filing i Engineer submits AddTape to County Auditor 8/7/92 • August 10 - last day to submit tapes to County Auditor RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. INITIATING PROCEEDINGS FOR THE FORMATION OF AN ASSESSMENT DISTRICT WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional open Space District (the "District") , has determined to establish an assessment district under and pursuant to the terms and provisions of the "Landscape and Lighting Act of 197211 (the "Act") , being Part 2, Division 15, of the Streets and Highways Code of the State of California, for the purpose of issuing bonds and acquiring land within the District for open space purposes; and WHEREAS, the Board has determined to set forth the location and extent of the territory proposed for inclusion in such assessment district, and to state the nature, location and extent of improvements to be financed by such assessment district, and to have a report prepared describing the proposed improvements and the method of paying for such improvements; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. All of the above recitals are true and correct. Section 2 . It is the intention of the Board to and the Board hereby proposes to establish an assessment district under and pursuant to the terms of the Act, which shall be known and designated as the "Midpeninsula Regional open space District Assessment District No. 1992-1 (Vidovich Acquisition) " (the "Assessment District") . S-aCtir)rj Tln-, ;.TT�n,. —mant rr ..iio. Assessnient' Distric*L is proposed to be created are the acquisition of land in Santa Clara County for open space purposes, and the installation or construction or acquisition of any facilities which are necessary for the maintenance or servicing thereof. Section 4 . The territory proposed for inclusion in the Assessment District proposed to be established in Section 2 hereof shall be that area generally described as the Vidovich property. Section 5 . The Board hereby appoints the firm of Leptien-Cronin-Cooper, Inc. as engineer of work, (the "Engineer C:\DATA\DOC\MID-PFN\INITIATE.RF,S 5/5/92 of Work") , and directs said Engineer of Work to prepare a report describing the proposed improvements of the Assessment District, including any costs of maintaining and servicing said improvements and incidental expenses, a diagram for the Assessment District, an assessment of the estimated costs of the improvements, and an estimate of the principal amount of bonds to be issued, all in accordance with the requirements of Article 4 of the Act, being Sections 22565 to 22574 of the Streets and Highways Code. Section 6. The Engineer of Work shall file said report with the Clerk of the Board on or before June 10, 1992. PASSED AND ADOPTED this 13th day of May, 1992, by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Midpeninsula Regional open Space District [SEAL] Attest: Clerk of the Midpeninsula Regional Open Space District C:kDATA\DO,C\MID-PEN\R4lTlATE.RES 2 5/5/92 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. APPOINTING BOND COUNSEL, ENGINEER OF WORK, AND UNDERWRITER FOR ASSESSMENT DISTRICT NO. 1992-1 (VIDOVICH ACQUISITION) WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open Space District (the "District") , has determined to establish an assessment district under and pursuant to the terms and provisions of the "Landscape and Lighting Act of 197211 (the "Act") , being Part 2, Division 15, of the Streets and Highways Code of the State of California, for the purpose of issuing bonds and acquiring land within the District for open space purposes to be to be known as the "Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) ; and WHEREAS, the Board will require certain consultants to conduct the proceedings to establish such assessment district and to issue bonds; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District as follows: Section 1. The firm of Orrick, Herrington & Sutcliffe be, and such firm is, hereby appointed Bond Counsel in said proceedings, in accordance with that certain Letter Agreement on file with the District, and the General Manager of the District is hereby authorized and directed to execute said Letter Agreement for and on behalf of the District. of Lep c i e,i -Cron in-uooper, i:ric. is hereby appointed Engineer of work in said proceedings, in accordance with that certain agreement on file with the District and the General Manager of the District is hereby authorized and directed to execute said agreement for and on behalf of the District. Section 3 . The firm of Prudential Securities, Inc. is hereby appointed Underwriter in said proceedings, in accordance with that certain agreement on file with the District. C:\DATA\DOC\MID-PEN\BONDCNSL.RES PASSED AND ADOPTED this 13th day of May, 1992, by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Midpeninsula Regional Open Space District [SEAL] Attest: Clerk of the Midpeninsula Regional Open Space District CADATA\D0C\MID-PMB0NDCNSL.RES 2 i RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. DECLARING THE OFFICIAL INTENT OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES FROM THE PROCEEDS OF ASSESSMENT DISTRICT BONDS, RELATING TO THE ACQUISITION OF OPEN SPACE LANDS WHEREAS, the Midpeninsula Regional Open Space District (the "District") , a district duly organized and existing under the Constitution and laws of the State of California, intends to acquire by purchase certain open space lands (the "Improvements") within the District; and WHEREAS, the District expects to pay certain capital expenditures in connection with the Improvements prior to the issuance of indebtedness to be used to finance such expenditures; and WHEREAS, the District is authorized to incur or issue debt obligations to finance costs of the Improvements; and WHEREAS, in order to reimburse itself or pay for costs of the Improvements, the District reasonably expects it will issue debt obligations in an amount not reasonably expected to exceed $2 , 000, 000 for the purpose of financing costs of the Improvements on a long-term basis; and WHEREAS, section 1. 103-18 of the Treasury Regulations requires the District to declare its reasonable official intent to reimburse prior expenditures for the improvements with proceeds of a borrowing; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District (the "Board") as follows: Section 1. All of the Foregoing recitals are true and correct. Section 2 . This resolution is adopted by the Board solely for purposes of establishing compliance with the requirements of section 1. 103-18 of the Treasury Regulations. This resolution does not bind the District to make any expenditure, incur any indebtedness, or proceed with the Improvements. Section 3 . The Board expects the District will pay certain capital expenditures in connection with the Improvements prior to the issuance of indebtedness for the Improvements. The C:\DATA\DOC\MID-PEN\INDUCEMT.RES reimbursement of such expenditures is consistent with the District's established budgetary and financial circumstances. There are no funds or sources of moneys of the District, or of any related person or commonly controlled entity, that have been, or reasonably are expected to be, reserved, allocated on a long- term basis, or otherwise set aside to pay any costs of the Improvements which are to be paid or reimbursed out of proceeds of indebtedness to be issued for the Improvements. Section 4 . The Board hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for future expenditures for Improvements. Section 5. This resolution shall be reasonably available for inspection by the general public during normal business hours at the offices of the District, located at 201 San Antonio Circle, Suite C-135, Mountain View, California, commencing on May 14, 1992. Section 6. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED this 13th day of May, 1992 , by the following vote: AYES: NOES: ABSENT: President of the Board of Directors of the Midpeninsula Regional Open Space District [SEAL] Attest: Clerk of the Midpeninsula Regional Open space District C:\DATA\D,DC\MID-PEN\INDUCEMT.RES 2 Open, Space I jjp��111,11111`11111"",� ...................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-118 (Meeting 91-30 October 9, 1991) REPORT October 3, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: Proposed Addition of Vidovich Property to Rancho San Antonio Open Space Preserve Recommended Actions: 1 . Adopt ,the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Contingent Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Rancho San Antonio Open Space Preserve - Lands of Vidovich) . 2 . Reaffirm your tentative adoption of the Preliminary Use and Management Plan recommendations, including naming the property as an addition to Rancho San Antonio Open Space Preserve. 3 . Reaffirm your intention to dedicate the property as public open space. Discussion At your meeting of June 12 , 1991 (see report R-91-68 dated June 5, 1991) you adopted a resolution determining the public necessity of acquiring approximately 280 acres of the Vidovich property. The pertinent sections of that report are attached. Staff has met with Mr. Vidovich and his representatives on numerous occasions since that time. The settlement proposal is now before you in the form of the attached "Contingent Purchase Agreement - Bargain Sale. " In general terms, the settlement requires the District to pay $8 , 500, 000 for the property, which is $1 ,770, 000 below the appraised value of $10, 270, 000 . The purchase would be in the form of an option/installment sale, wherein the District would pay $2, 000 , 000 immediately after Board approval of the purchase. The balance of $6, 500, 000, with interest, would be due on December 31 , 1992. Escrow would close and the District would R-91-118 Page 2 take possession of the property then. One of the basic reasons for this is to allow Mr. Vidovich time to pursue his development of the lower quarry area. If his development plans are unsuccessful, he may elect not to complete this transaction. This will also allow time for the District to form a local assessment District to help finance the purchase, since at over $30, 000 per acre this represents one of the most expensive acquisitions by the District for a parcel of this size. The main features of the proposed settlement are as follows: 1 . Terms 1. Price Reese appraised value $10, 270 , 000 Gift from Vidovich (1 ,770, 000) Bargain sale price $ 8 , 500, 000 2. Terms Payable upon approval $ 2, 000, 000 Payable on 12/31/92 6 , 500 ,000 $ 8 , 500 , 000 Additional costs : Attorney fees (12/31/92) $ 65, 000 Interest (7 . 5% from 6/13/91- 12/31/92) 752, 000 Total Cost $ 9, 317.,000 3 . Main Conditions a. Option - Vidovich retains title, District to have limited use of property for fund raising (assessment district, etc. ) b. Contingency - Entire transaction contingent, at Vidovich' s option, on approval of quarry development. c. MROSD Support - District "generally" supports lower property development, and transaction may be rescinded by Vidovich if District violates trust. d. Gift Incentives - 1. $50 , 000 of the gift would be given early to a "friends" group dedicated to sponsoring a funding measure for the District. 2. $1, 000 , 000 of the gift would be given early to the District upon successful enactment of a benefit assessment district for purchase of the property. e. Adjoining Parcel - To be sold at 75% of "appraised" value after I/1/93. R-91-118 Page 3 f . Extension - District may request and receive extension to 5/1/93 for purposes of completing assessment district formation. g. Court Action - All court action to be suspended and dismissed upon close of escrow. Excerpts From Report R-91-68 Description of the Site 1. Property Identification Property owners : John T. Vidovich, Kathy A. Tomaino, Mary Jane Vidovich, Michael A. Vidovich Size: 280.26 acres 2 . Location and Boundaries (see attached map) Regional setting: Located in Santa Clara County west of I- 280, between the southern boundary of the Town of Los Altos Hills and the northern boundary of Rancho San Antonio Open Space Preserve Road access: Primary unimproved access from Stonebrook Drive to the north; unimproved access from Ravensbury Avenue to the southeast, with potential access from Olive Tree Lane. Public access from existing trails on Rancho San Antonio Open Space Preserve. Boundaries: South and west boundaries adjoin Rancho San Antonio Open Space Preserve; private property to north and east (low density single family residential) Nearby public lands: Surrounded on three sides by Rancho San Antonio Open Space Preserve; Duveneck Windmill Pasture Area of Rancho San Antonio Open Space Preserve, and Hidden Villa Ranch to the north; Rancho San Antonio County Park to the south Nearby landmarks: Black Mountain one and a half miles south of the property; Neary Quarry is northernly on adjacent portion of property to be developed 3. Topography and Hydrology Prominent topographic features: Site slightly L-shaped; three ridge areas as follows : central ridge runs in an east- west direction rising to central knoll , which is high point of property, second minor ridge angles northwest to southwest, third ridge (visually the most prominent) runs east-west through site, parallel to Rancho san Antonio Open Space Preserve; steep slopes on both sides of ridges; inactive quarry site on top of ridge; N. fork Permanente Creek forms southern boundary i Elevation range: 1, 120 feet at top of knoll near western boundary to 500 feet next to north fork of Permanente Creek in southeast corner Slope exposure: Primarily north and south-facing slopes; terrain generally steep with gradients of up to 100% Watershed: Site located within watersheds of Hale Creek and the north fork of Permanente Creek; southern portion of site below central ridge flows into Permanente Creek; eastern- central portion of site is headwaters of Hale Creek, which flows northeasterly toward the quarry 4. Geology and Soils Seismology: San Andreas Fault located about three miles from site; Berrocal, Shannon and Monte Vista Faults lie immediately north of site; fault trace identified in center of site. There is potential for seismic activity along Berrocal Fault. Soil classification: Site underlain by bedrock and surficial material belonging to Franciscan formation; Franciscan rocks include greenstone, sandstone, limestone and serpentine; southern part of site underlain by sheared greenstone; rest of site assigned to "melange" (a heterogenous mass of intensely sheared rocks) 5. Flora and Fauna Plant Communities: Coast Live Oak Woodland, Coastal Sage- Chaparral Scrub, Serpentine outcrop (at cut bank in southeastern portion of property) , and disturbed areas (abandoned quarry in northwest-central portion of site, former equestrian facility site in southeast corner, housing pads) Dominant flora: Oak Woodland: coast live oak, toyon, poison oak, elderberry, California bay, buckeye; Chaparral Scrub: California sage, coyote bush, buckwheat, golden yarrow, sticky monkey flower, poison oak; Disturbed Area: yellow star thistle, wild oats , few native species Fauna: Deer, raccoon, gray fox, coyote, striped skunk, pocket gopher, deer mouse, western fence lizard, western whiptail, western skink, gopher snake, rattlesnake, scrub jay, California quail , mourning dove, bushtit, plain titmouse, rufous-sided towhee, western flycatcher, hairy woodpecker, common flicker, lesser and Lawrence ' s goldfinches , dark-eyed junco, golden-crowned sparrow, Anna 's hummingbird, wrentit, Bewick ' s wren, brown towhee and white- crowned sparrow. 6 . Visual Qualities Viewshed: Site can be seen from Rogue Valley Trail, Black Mountain Trail , PG&E Trail and High Meadows Trail in Rancho San Antonio Open Space Preserve; can also be seen from 1-280 and residential area of Los Altos Hills, including Moody Road, La Loma Lane, Magdalena Avenue, Olive Tree Lane, and Ravensbury Avenue. 7 . Existing Improvements Site improvements include gates, fences, and a dirt road system. Unpaved trails and fire roads crisscross the site. In the past, the trails were used by people on an informal basis. Recently, additional fencing has been erected, restricting trail access. Most of the site is now fenced. A small quarry located on the central ridge is no longer in use. A former equestrian center, located at the southeastern edge of the site along Permanente Creek, has been relocated. Equestrian use ended in 1988 . 8 . Plannina Considerations Political boundaries: Unincorporated Santa Clara County; within sphere of influence of Town of Los Altos Hills, but outside its Urban Service Area Zoning: Santa Clara County General Plan zoning is Hillside (HS) . Under the HS designation, parcel sizes may range from 20 to 160 acres, depending on the parcel ' s slope. Uses allowed include agricultural activities , mineral extraction, parks, and low density recreational facilities, and in its natural state, wildlife refuges, and very low density residential development. The Town of Los Altos Hills General Plan originally designated the ridge portion of the site as Open Space Preserve. This designation allows residential use to be considered with a minimum lot size of 10 acres; however, Measure "B" passed by the citizens of Los Altos Hills in 1989 created a new designation, which parallels the zoning density allowed in the county. Master Plan rating: Medium to high ranking for suitability as open space; since then, significant acquisitions of adjacent lands would result in a higher rating; also, land was protected by the Williamson Act at the time the Master Plan was developed; removal could yield a higher rating Regional plans: The Master Path Plan for the Town of Los Altos Hills shows a number of paths on the project site. The extension of Stonebrook Drive is designated as a major connector between Stonebrook Drive and Magdalena Avenue. Pathways are also designated to enter the property from Olive Tree Lane and Ravensbury Avenue. The Santa Clara County General Plan is in accord with open space use of the property: objective number four proposes "to provide open space for outdoor recreational needs" , and principle number three states "open spaces, to the extent possible, should be linked together visually and physically to form a system of open spaces . " 9. Potential Use and Management The trail that runs along the ridge to the north of Permanente Creek could become the main connecting route between the Rogue Valley area of Rancho San Antonio and Duveneck Windmill Pasture. Other access trails to the preserve should be reinstated from Stonebrook Drive and from Olive Tree Lane. Poorly aligned or badly eroded trail sections should be restored or realigned. 10. Public Safety Review A detailed site inspection to identify existing and potential safety hazards will be performed before your final adoption of the Preliminary Use and Management Plan. The site will not be opened to the public until all hazards have been identified and eliminated. 11. Preliminary Use and Management Recommendations Signs: Install private property, preserve boundary and trail signs where appropriate Roads: Maintain for patrol Trails: Reopen; restore or realign eroded sections Gates and Fences: Remove barrier fences and install pipe gates where necessary Cleanup: Remove debris and weeds from former stable area near Rogue Valley 12. Name The property should be named as an addition to Rancho San Antonio Open Space Preserve. 13. Dedication I recommend that you indicate your intention to dedicate the property as public open space. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF CONTINGENT PURCHASE AGREEMENT - BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE PRESERVE - LANDS OF VIDOVICH) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Contingent Purchase Agreement - Bargain Sale between John T. Vidovich et al . and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf .of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $35, 000 to cover the cost of title insurance, escrow fees , survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $9 , 317 , 000 from the proceeds of the next long-term District note issue . * * * * * * * * * * * Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-58 Meeting 92-12 May 1-3 , 1992 AGENDA ITEM 20th Anniversary Draft Plan Discussion: The 20th Anniversary Committee has met 15 times and has come up with a draft work plan for the District ' s 20th anniversary. The attached plan will.. be discussed at the meeting of May 13 . Additional information will be available at the meeting. Prepared by: Twentieth Anniversary Committee B. Crowder, Chairperson N. Hanko K. Duffy Contaet person: Same as above 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 May 7, 1992 M]IDPENINSUIA REGIONAL OPEN SPACE TRICT 20th ANNIVERSARY DUNE 6, 1992 TO NOVEMBER 30, 1993 Plan Worksheet I. Mission: To inform the public about the accomplishments and program of the ct. U. 20th Anniversary Objectives: A. Celebrate the accomplishments of the District—have fun. B. Thank all who have supported and worked for the District. C. inform the public about the District's program. D. Increase the breadth of District's constituency. E. Improve communications with user groups and supporters. F. Distinguish District's program frorn other private and nonprofit organizations and public agency programs (establish District identity). ]II. Audience Identification A. Who are the District's audiences? 1. Users: Groups(e.g., Environmental Volunteers), hikers, runners, bikers, equestrians, dog owners. Others??? 2. Founders. 3. Decisionmakers: Local city councils, planning commissions, staff members; county boards of supervisors, park commissions, planning commissions, staff members; local and state legislators; Congress representatives and senators. 4. Other environmental organizations: POST, Sierra Club, Greenbelt Alliance, Trust for Public Land, Nature Conservancy, Save the Redwoods, Sempervirens Fund, Trail Center, Peninsula Conservation Center, Bay Area Action, Hidden Villa, Golden Gate Nature Recreation Area(check for their anniversary), and other open space districts. 5. Neighbors of preserves. 6. Contributors. Page 2. 7. Volunteers. 8. Community organizations: Neighbors Abroad,American Association of University Women, League of Women Voters, Chambers of Commerce,Jaycees,junior Leagues, historical groups(county historical societies), garden clubs(Palo Alto, others???), senior centers. Others??? 9. Educational groups, e.g., schools and libraries. 10. Media and media audiences. 11. Corporate employees' organizations. 12. Businesses. 13. Seniors. 14. General public. 15. Potential users and nonusers. 16. District ward residents. B. What does the District need to say to them? 1. Announce 20th Anniversary and invite public to participate. 2. Reiterate District's vision: "Open space...for room to breathe," 3. Give the public specific information about the District's lands and programs. 4. Define what the District is and how and where it fits into governmental structure. 5. Describe history of formation of the District. 6. Tell public how far along we are in implementing the vision. C. What does the District want them to do;' 1. Have fun! 2. Describe ways to participate, e.g,volunteer to build trails and, participate in the docent program and donate money. 3. Attend 20th Anniversary events. 4. Become acquainted with preserves. Page 3. 5. Put name on mailing list. 6. Invite District representatives to present program to target audiences. 7. Support local, regional, state and federal open space legislation, e.g., letters, phone calls and testimony. 8. Support District joint projects and grant proposals. 9. Solicit ideas on and participation in District's program, e.g., send letters to conservation organizations asking for their input. D. How can the District reach diem? 1. June newsletter and future issues. 2. District-sponsored vents. 3. Calendar of events. 4. Public service announcements. 5. Newspaper articles, editorials and calendar listings. 6. Organization newsletters. 7. Talks to community groups. 8. Letters to decisionmakers and organizations. 9. District-wide mailing(s). 10. Presentations and/or events by ward. 11. Street fair booths. 12. Traveling exhibit and/or display. 13. Ads on buses. 14. Business promotion. 15. Other groups' promotions. 16. Cooperative projects, e.g., Palo Alto Centennial 1994 landmarks trails project. 17. Other conservation organizations' anniversaries, e.g., Environmental Volunteers 20th Anniversary and Committee for Green Foothills 30th Anniversary. Page 4. IV. Suggested Strategy A. Hold special 20th Anniversary events, e.g., Founder's Day and all-District open house. 1. Ask conservation organizations, such as Peninsula Conservation Center, Committee for Green Foothills and Environmental Volunteers to cosponsorship Founder's Day and/or other event(s). 2. Hold own event on District lands(contact user groups). 3• Suggested events: See attached April 16, 1992, Events and Activities Draft. B. Create 20th Anniversary overlay to present events, e.g., docent hikes and open houses on District lands. C. Develop general information brochure describing District program and accomplishments. D. Develop media plan. E. Initiate use of video, including production of three(3) public service announcements. F. Organize tours(develop one basic tour for docents and volunteers) (Summer 1992 and 1993). 1. Public officials. 2. Media. 3. Conference and convention delegates. G. Plan competitive art show with awards, and arrange for show to be displayed throughout the District(labor intensive, good volunteer project or hire coordinator). H. Create portable display(in progress; need to decide how and where to place). 1. Distribute fortune cookies with open space messages. J. Develop program to inform user groups, e.g., hikers, bikers and equestrians, about District accomplishments. Offer a perk, e.g., hike with a Board member, give information packet, give t-shirt. K. Urge the Environmental Volunteers to sponsor an environmental educators event. (EVs interested in holding an event at Los Trancos OSP Earthquake Trail.) L. Interface with Daniels Interpretive Center Use Committee. M. Encourage other organizations to hold special events. Page 5. N. Develop corporate outreach program, O. Expand mailing list. P. Design 20th Anniversary labels for existing publications; design and print postcards and note cards to sell. Q. Develop list of ways YOU can help. R. Plan initial future fundraising strategy to reach user groups and conservation organizations, newsletters and executive directors. S. New office: send change-of-address postcards and hold an open house for parks people. T. Participate in scheduled fairs and events, e.g., Earth Day,Arbor Day, De Anza Days and country fairs. V. Budget Considerations A. Consultant B. Video public service announcements $4,100 C. June 6, 1992, Skyline Ridge Open Space Preserve and Bay Area Ridge Trail Dedication(partial 20th Anniverary and partial general) D. Portable display(1/2 20th Anniversary and 1/2 general) E. Expanded mailing list F. increased public communications G. Collateral materials, e.g., general information brochure, press/information packet, labels, postcards and note cards H. Art show 1. November 7, 1992, Founders Day event: Self-supporting J. Graphic designer VI. Timeline See attached April 16, 1992, Events and Activities Draft. VH. Evaluation(List of questions to ask now and answer at the end of the 20th Anniver- sary) To be determined. Carroll Harrington 20th Anniversary Consultant Attachment Midpeninsula Regional Open Space District 20th Anniversary—Events 46yl Activities April 25,1992 June 6, 1992 Summer and July 18,1992 August(chk October 1992 T*K�November 7, Mountain View Skyline Ridge early fall 1992 Docent dates) staff 2 Parade Open Space -Docent hikes Recognition • Santa Clara,San Recognition der's Day Preserve and - Boardmember Event Mateo and Event E*vi April 26,1992 Bay Area Ridge hikes with Santa Cruz POST Kite Day Trail Dedication invited public July??? County Fairs officials Moving day May 3, 1992 postcard 79 Committee for Parks people Green Foothills open house event at Fremont Older November 1992 Winter 1992/93 March 1993 Spring 1993 To be determined and scheduled. •Run(entry fee, Hikes,slide show, •CPRS Confer- -Tours for Fall 1993 - Special events for groups,e.g.,seniors, t-shirts) traveling display, ence in San public officials • All District open hikers,bikers,people with disabilities. etc. Francisco: -Docent hikes??? house???(e.g., Others??? e Traveling portable display(Includes photos, Tours of District -Special event??? events at 3 map,brochures) preserves preserves - Presentations by Board and/or staff •Park Rangers Summer 1993 throughout the * Use of video Assn.,Santa events??? District) - Dedication of Palo Alto Trail Clara June: •National Assn. of ' Sempervirens Fund hike at Long Ridge and Save the Redwoods League hike at Purissinia •POST Kite Day American Society Interpretors - Multi-user event,e.g.,hikers,bikers, of Public Adminis- conference in equestrians(involve REL Any Mountain,bike trators conference San Francisco??? shops,Christensen's Saddle Shop in in San Francisco Cupertino) - Coyote Point type show??? - Other community events,e.g.,De Anza and Foothill Colleges - New property acquisition celebration hikes o Existing open houses on District lands,e.g., Thornwood and Fremont Older Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-45 Meeting 92-12 May 13 , 1992 AGENDA ITEM Agreement with United States Geological Survey to Construct a Communication Tower on the Former Almaden Air c Base ASSISTANT GENERAL MANAGER ' S RECOMMENDATION Authorize the general manager to enter nto a n ract agreement with the United States Geological Survey to construct a 29-foot communication tower on the former Almaden Air Force Base in the Mt. Umunhum area of Sierra Azul Open Space Preserve. Discussion: Several months ago, the United States Geological Survey (USGS) requested permission to construct a small communications tower on the former Almaden Air Force Base property. Initial efforts failed because USGS was unable to enter into a multiple-year agreement that would require rental payments . Thereafter , District staff explored the possibility of a mutually beneficial facility that would provide for the earthquake data collection needs of USGS, as well as for our own two-way radio system needs . District and USGS staff reviewed possible locations that would meet the requirements of both parties . The knoll directly south of the Pacific Bell building was selected as an acceptable site . If located on the perimeter of the developed area, a facility constructed at this site should not interfere with future clean up or demolition. Radio system design requirements for electrical power and a 360 degree line-of-sight clearance are adequately met at this site (see contract Exhibit A) . USGS will construct a 29-foot tower that will be used by the District and USGS . At the end of a five-year term of agreement, the tower will become the property of the District . At that time, the District shall have the option of negotiating an agreement with USGS for continued use of the tower , if such an extension benefits the District . 201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:HerbertGrench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,NonetteHanko,Betsy Crowder,Richard Bishop The District T�,dll inct-ir no cost for the coristruct;,(,-,n ., mainter— am,-,e— aTnd fut-u.re ,-fitwnership of tower . Thc,,� SFI'Vir1cfS to thc DiLstrict is in e,-.--cesF, of $5 ,, 000 . Tc, justly cornpensat-F- TT , S t Distri (-t- will. not charge T.,)S(-,S any fees for use, of f:h�- s,-Li-,c,, dun,ing by : Da,,,-id Tool_(m--y , Su,ppor. t, S c,,r v,-L c e s !I U r)e Tf John Escc)L,,,a2-, ,. Operaticms Managrer i COMMUNICATION TOWER LICENSE/AGREEMENT The following license/agreement made the 15 day of May 1992 between Owner: Midpeninsula Regional Open Space District 201 San Antonio Circle, C-135 Mountain View, CA 94040 hereinafter called DISTRICT, and United States Geological Survey 345 Middlefield Road, Mail Stop 977 Menlo Park, CA 94025 hereinafter called LICENSEE and the parties hereto do mutually agree as follows: SECTION L GRANT OF LICENSE The DISTRICT hereby grants permission to LICENSEE to construct, use, and maintain a radio/communication tower on real property located within the former Almaden Air Force Base, as specified on the attached map, marked "Exhibit A." The DISTRICT and the LICENSEE shall be the exclusive users of the tower facility for the term of the agreement. SECTION 2. TOWER CONSTRUCTION LICENSEE shall construct a twenty-nine (29) foot communication tower on the former Almaden Air Force Base in accordance with the following: A. Materials, Equipment, Labor LICENSEE shall provide all necessary materials, equipment and labor required to construct and maintain the tower per specifications (Exhibit B). B. AC Power Connection LICENSEE shall supply materials and labor to connect AC power supply to the tower from the Pacific Bell building using: a. #8 wire buried in steel conduit b. 3/4" steel conduit buried (for future pager use) C. 20 amp service box at tower site for District use Communications Tower License/Agreement Page 2 SECTION 3. TERM The term of this license/agreement shall be for five (5) years starting May 15 , 1992, and ending May 16 , 1997. Construction of the tower shall be completed by LICENSEE by August 1 , 1992 SECTION 4. DISTRICT USE OF TOWER The DISTRICT, at no cost, shall have use of the tower facility for a two-way radio repeater, antenna, and associated components. SECTION 5. MAINTENANCE AND REPAIR LICENSEE, at its sole cost and expense, shall keep the tower facility and AC power supply in a safe and functional condition. SECTION 6. UTILITIES DISTRICT shall pay all utilities (electricity) for tower facility. SECTION 7. NO ASSIGNMENT OF SUBLICENSE LICENSEE shall not assign this license or any interest herein without first obtaining DISTRICT's written consent thereto, which assignment may be denied by DISTRICT for any reason. Any unauthorized assignment of sublicense shall be void and shall terminate this license/agreement. SECTION 8. COMPLIANCE WITH LAW LICENSEE shall comply with any and all federal, state, and local laws, regulations and codes, including DISTRICT regulations which are applicable to activities on DISTRICT land under this license/agreement. SECTION 9. PERMITS AND LICENSES LICENSEE, at its sole cost and expense, shall obtain all permits, licenses and approvals necessary or required to execute license/agreement. Communications Tower License/Agreement Page 3 SECTION 10. RIGHT OF ENTRY/ACCESS LICENSEE shall have access to premises for the purpose of construction, maintenance, and repair of facility. DISTRICT shall upon 24 hour advance notice be entitled to have access to LICENSEE's system for any purpose related to site operations. SECTION 11. WAIVER OF CLAIMS AND INDEMNIFICATION LICENSEE waives all claims against DISTRICT for damage to property. The LICENSEE agrees that the construction, installation, maintenance and use of the structures, appurtenances, equipment, and tools on the lands of the DISTRICT on which they are used or installed shall be effected with all reasonable diligence and precaution to avoid damage to the land, property, or personnel of the DISTRICT. Further, the LICENSEE agrees to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States by third parties for personal injury or property damage resulting from the negligent act or omission of any employee of the LICENSEE in the course of his or her employment. SECTION 12. SITE RESTORATION LICENSEE shall be required to restore or repair erosion, damage to vegetation, or other damage that resulted from construction of tower facility. SECTION 13. TERMINATION This license/agreement may be terminated by mutual agreement of the DISTRICT and LICENSEE. The DISTRICT shall acquire ownership of the tower facility and all appurtenances at no cost at the termination of this license/agreement. SECTION 14. WAIVER No waiver by DISTRICT of any default or breach of LICENSEE's performance of any term or condition of this license/agreement shall be deemed to be a waiver of any subsequent default or breach by LICENSEE of the same or any other term or condition contained in this license/agreement. IN WITNESS WHEREOF, this license/agreement has been made, executed, and delivered as of the date and year of the latest signature below. Communications Tower License/Agreement Page 4 °DISTRICT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i Date: Herbert Grench, General Manager LICENSEE UNITED STATES GEOLOGICAL SURVEY Date: John Von Schaach Associate Branch Chief, Seismology Approved as to form: Stanley Norton, District Legal Counsel 34 SIERRA AZUL OPEN SPACE PRESERVL-"', MT. UMUNHUM AREA MROSD Boundary-- -- Proposed Tow r Sitc 1 4 p llel'1 Exhibit . A �\��'., . PROPOSED USGS TOWER SITE ��9z � 1___________________ UMUNHUM SIDE VIEW �.I Tww,tF'Fa �r r ------------------------------------------ sow FaM. .__ _.....__. J yr Eiecr 6'C EO�p�ml 1 t'lo'I Bem/ Bey 6'P '•.•:Stltl'Foorq bi•Te•.w:.'•:�'•. Exhibit - B Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-57 Meeting 92-12 May 13 , 1992 AGENDA ITEM Final Adoption of the Comprehensive Use and Man ment Plan for Skyline Ridge Open Space Preserve ASSISTANT GENERAL MANAGER' S RECOMMEND Adopt the revised Comprehensive Use and Management Plan for Skyline Ridge Open Space Preserve as contained in report R-92-47 and as amended herein. Discussion: The plan was presented to you at your April 8 , 1992 meeting. Several issues presented in the report were discussed in detail at the meeting. The revised Use and Management Plan Summary is attached and reflects two additions shown in italics (see new recommendations 1 . 8 and 4 .6) . Changes to the supplemental portion of the April 8 report are indicated below. Use and Management Plan Supplemental Information: (see Attachment A in Report R-92-47 dated April 8 , 1992) 1 .0 Access and Circulation Staff was directed to investigate a trail alignment that would include a portion of the existing roadbed between the tennis court area and the main parking area. 4 . 0 Structures and Improvements You discussed the floating platforms currently located on Horseshoe Lake and Alpine Pond. A decision was made that if the platforms become problem sites , staff may remove the platforms . 7 . 0 Special Activities You discussed the potential for introducing a fishing program at Horseshoe Lake . You unanimously passed a motion to prohibit fishing on all waters of the Skyline Ridge Open Space Preserve . Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above 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 SKYLINE RIDGE OPEN SPACE PRESERVE - USE AND MANAGEMENT PLAN SUMMARY (Revised May 6, 1992) 1.0 Access and Circulation 1.1 A multi-use trail will be constructed, connecting the Adoption Revised existing trails at Horseshoe Lake with the Scheduled: FY 92-93 southeastern boundary of the preserve near Long Cost: $65,000 Ridge. A bridge at Horseshoe Lake will be Grant: $28,300 included. Planning: 40 hours Construct` 8 weeks 1.2 The trail identified as the Ridge Trail on the Adoption: Proposed attached map will be dedicated as part of the Bay Scheduled: FY 92-93 Area Ridge Trail. The District will host a Cost: $500 dedication on June 6, 1992. Planning: 40 hours 1.3 Investigate drainage and surface problems in Adoption:< Proposed parking lots and resurface as necessary to provide Scheduled: FY 92-93 for year-round access. Cost: $20,000 Planning: 40 hours Construct: 1 week 1.4 A multi-use trail will be constructed connecting Adoption: Proposed Horseshoe Lake with Old Page Mill Road Trail, Scheduled: FY 94-95 completing a loop that will increase trail use Costs: $25,000 opportunities near the main parking areas. Planning 80 hours Construct: 6 weeks 1.5 A trail bypassing the 10-acre lease area on the Adoption: 2/88 former Bullis property will be constructed. The Scheduled': FY'94-95 trail will connect to Russian Ridge Open Space Cost: $25,000 Preserve Planning: 80 hours Construct 6 weeks 1.6 A trail will be constructed connecting the Horseshoe Adoption: Proposed Lake area with the southeastern boundary of the Scheduled: FY 97-98 preserve. The trail will overlook the Lambert Cost: $15,000 Creek Canyon. Planning: 20 hours Construct 6 weeks 1.7 Some of the trails in the old upper tree farm area Adoption: Proposed should be rerouted to a lesser grade. Duplicate Scheduled': FY 97-98 routes should be eliminated. Cost: $10000 Planning:; 24 hours Construct 2 weeks 1.8 Staff will investigate alignment between the tennis Adoption. Proposed court area and the main parking area, utilizing an Scheduled. FY92-93 existing roadbed where possible. cost. Unknown Planning: 8 hours Construct.- Unknown 2.0 Signing 2.1 Highway signs identifying the preserve's main Adoption: 3186 entrance will be installed on Skyline Blvd. at the Scheduled`: FY 92-93 Alpine Road intersection and near the entrance to Cost: $1,500 the preserve. Planning: 24 hours Construct:' 2 days 2.2 The Ridge Trail will be signed with the plaques Adoption: Proposed obtained from the Bay Area Ridge Trail Council. Scheduled'. FY 92-93 Cost: $200 Planning: 8 hours Construct: 1 day 2.3 Trail signs will be installed on new trails as they are Adoption: Proposed completed. Scheduled: As needed,' Cost: Unknown Staff: Unknown 3.0 Brochure 3.1 A standard District brochure will be developed. Adoption Proposed The brochure will be completed prior to the June Scheduled: FY>92-93 dedication of the preserve. Cost: $2,500 Planning: ' 40 hours 4.0 Structures and Improvements 4.1 The new water system serving all structures, Adoption:! 6/87 including those contained in the Wasserman life Scheduled: FY 92-93' estate, will be redesigned and constructed to meet Cost: $60000 public code requirements. Planning: ' 80 hours Construct: 8 weeks 4.2 The ranch buildings will become the permanent Adoption: Proposed location of the Skyline area field facility. Design Scheduled: development for Phase I - Field Office will proceed Phase I FY'93-94 immediately. Upon completion of the office, Phase Phase II' FY 95-96 II buildings will be constructed or improved. Cost: Phase I $327,500 Phase Il $90,000 Planning: Unknown' Construct: Unknown 4.3 The interior of the Nature Center will be designed Adoption Proposed to accommodate educational and interpretive needs. Scheduled: FY'92-93'. A "focus" committee will assist with the Cost: $12500 development of the design concept. Planning: 120 hrs Construct: Unknown' 4.4 The A-frame residence on the preserve should be Adoption: Proposed removed from the enterprise program and become a Scheduled: FY'92-93' ranger residence. Cost: None Staffing: None 4.5 The remaining portions of the house located on the Adoption:' 3/86 former Quinn property will be removed and the site Schedule: FY 193-94! will be restored. Cost: $30000 Construct: Unknown' 4.6 The two_floating platforms may be removed if they Adoption: Proposed become problem sites. Schedule: unknown Cost: None Staffing: 8 hours 5.0 Natural Resources and Agricultural Management 5.1 The Christmas tree farm lease will terminate in Adoption: Proposed 1999 and not be renewed. Scheduled: 1999 6.0 Visitor Safety and Public Liability 6.1 The dump site will be restored and the area returned Adoption Proposed to a natural state. Scheduled: FY'>>92-93 Cost: $10000 Planning 16 hours Construct: 1 week 6.2 The overhead electrical lines associated with the old Adoption: Proposed water system will be removed upon construction of Scheduled: FY 92-93 the new water system. Cost: $2000 Planning: 8 hours Construct: 3 days 6.3 An engineering study will be completed to examine Adoption: Proposed alternative methods of repairing Alpine Pond dam, Scheduled: FY'92-93' as required by the California Division of Safety of Cost: $5,000 Dams. Staff will return to the Board with the Planning:' 24 hours alternatives and costs before proceeding with construction. 6.4 Staff will ask CalTrans to install a telephone at the Adoption: Revised intersection of Alpine Road and Skyline Boulevard. Scheduled: FY 92-93' If CalTrans declines, a pay telephone will be Cost: $1,500 installed at the Russian Ridge parking area. Planning: 16 hours Construct: 2 days 7.0 Special Activities 7.1 Staff will host a dedication event on June 6, 1992 to Adoption: Proposed celebrate the completion of the preserve's Scheduled: 5/30/92 development. The event will be a kick-off to the Cost: $1000 District's 20th Anniversary. The Ridge Trail Planning: 40 hours dedication will be held in conjunction with this larger event. 8.0 Dedication Status 8.1 The 54-acre former Bullis property will be dedicated Adoption: Proposed as public open space during the annual review of the Scheduled: 12/92 dedication status report in December. Open Space R-92-55 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-12 May 13 , 1992 AGENDA ITEM Support of Santa Clara County Measure A on the June 2, 1992 Ballot GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution endorsing the passage of Santa Clara County Measure A on the June 2 ballot. Discussion: The Santa Clara County Board of Supervisors has placed Measure A, the renewal of the County's Park Charter Fund, on the June 2 ballot. The Park Charter Fund was first established by voters in 1972 and subsequently approved in 1978, 1986, and again in 1988. Measure A is the current extension of this voter mandate transferring lkr,, of every $100 assessed valuation of property taxes to the Park Charter Fund. Approximately $15 million annually is expected to be transferred to the Fund if the Measure is extended. A copy of the measure and the ballot argument in favor of Measure A is attached. Certified copies of the resolution will be sent to the Board of Supervisors and the "YES ON PARKS" Committee. Prepared by: Jean Fiddes, District Clerk Contact person: Herbert Grench, General Manager 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 s 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 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ENDORSING THE PASSAGE OF SANTA CLARA COUNTY MEASURE A ON THE JUNE 2 , 1992 BALLOT WHEREAS, preservation, maintenance, and enhancement of parks and open space is vital to the quality of life of Santa Clara County residents, and WHEREAS, the Basic Policy of the Board of Directors of the Midpeninsula Regional Open Space District states that "The District will work with and encourage private and other public agencies to preserve, maintain, and enhance open space" ; and WHEREAS, the regional parks program of Santa Clara County supplements and complements the District's open space program; and WHEREAS, a continued assured source of adequate funding is needed for the county to continue an effective program to meet the regional park needs of present and future residents of the county; and WHEREAS, Measure A on the June 2 , 1992 ballot would extend the current County Parks Charter amendment through the 1996-1997 fiscal year, and WHEREAS, the amendment will provide an assured basic level of funding for Santa Clara County parks acquisition, development, and operation without creating new taxes. NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve to endorse the passage of Measure A on the June 2 , 1992 ballot. COUNTY OF , A CIARA CHARTER AMENDMENT ME 3E Measure Amendment to the Shall section 604 of the Santa Clara County Yes Charter of the Charter be extended from July 1, 1993 through Santa Clara the 19%-97 fiscal year to continue to pro- No County vide for the transfer from the county general fund to county park fund of an amount estimated to equal an amount which would be raised by a tax of one and one-half cents ($0.015) per one hundred dollars ($100.00) of assessed valuation of all real and personal property situated within the County of Santa Clara, that twenty (20) percent of the transferred funds be used for the acquisition of real property, that the remaining funds be used for the development, maintenance, and operation of parks, that all revenues generated by the operation of parks and monies received for park purposes be transferred into the county park fund, that the total annual appropriation limit imposed on the county by the California Constitution be increased during the operative period of this section in an amount authorized by the Constitution and in an amount reflecting the monies transferred into the county park fund during each fiscal year, and that this section not limit the amount of money which may be appropriated by the county for park purposes? l Keep a Good Thing oing on June 2 Vote Yes on Measure to Extend the Santa Chia County County Parks Charter Fund,, Measure A will extend the Santa Clara County Parks Ound another four years if adopted by County voters on the June 2 ballot. Measure A wiA guarantee that existing tax dollars rt will continue to suppo County parks acquisition, inliprovements, maintenance and ranger staffing. Measure A will continue`to earm7na tax revenues to provide picnic areas, improve public access to bicycing, ticking strian trails,rehabilitate and restore park facilities, and maintain adequate rangr stall county parks. The measure will transfer to the County` d approximately$15 million annually, of which 20 percent or about$3 million wil� for acquisition and$12 million will be used for development, maintainence and ns. In the last two years, the County Parks Department acquired approximatelacres of new parkland near the Lexington Reservoir, Sanborn/Skyline Park, Santa ark, and Uvas Canyon. Master Plans for improvements of parks have been complessage of Measure A is necessary to develop, maintain, and improve all of our , Measure A will extend the mandate app oved by voters in 1972, 1978, 1986, and 1988 that set aside county funds to provide an ad quate park "%2 ' m for the residents of Santa Clara County and the region. It is a responsi le and provay to address our needs for quality recreation areas. Vote "Yes" on Mea ure A on June and call Greenbelt Alliance at (408) 983-0539 to help with the ca paign. , Argument In Favor Of Measure A A Yes vote on Measure A will not increase property taxes. Measure A only assures that a portion of existing tax revenues will be allocated for park purposes. Measure A will keep parks open for public use by providing a necessary and stable funding source. Measure A extends the mandate approved by voters in 1972, 1978, 1986 and 1988 that set aside county funds to provide an adequate park system for the residents.of our valley. The demands placed on the county park system continue to increase each year. Over 10 million people will visit the parks this year. Measure A will insure funds to: * Maintain and operate existing county parks. * Rehabilitate and restore park facilities. * Improve public access to bicycling,hiking and equestrian trails. * Purchase available lands to expand and improve the park system * Maintain adequate ranger staffing in all county parks for the public. In addition to recreational opportunities, parks also enhance the quality of life in our county. Parks provide open space and help protect watersheds and wildlife. Measure A is a responsible and proven way to address our residents needs for quality recreational areas. Vote Yes for Measure A. ZOE LOFGREN, Chairperson Santa Clara County Board of Supervisors GARY BURKE, President Santa Clara County Manufacturing Group STEVEN J. TEDESCO, President San Jose Metropolitan Chamber of Commerce FREDERICK W. CATON II, Chairperson Santa Clara County Parks and Recreation Commission PHILLIP R. BOYCE Committee of 100 To Save The Parks Charter Fund NO ARGUMENT AGAINST MEASURE A WAS FILED Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager DATE: May 8 , 1992 SUBJECT: F . Y. T . 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 29, 1992 Jacqueline W. Stewart Attorney at Law 1580 Walnut Drive Palo Alto, CA 94303 Dear Jacqueline: I just wanted to express my sincere appreciation of your continued volunteer services in our never-ending legal entanglements with Alan Hosking and his representatives. on this last "joust" , your "hours" totaled more than $7, 000 and your success meant double or triple this value to the District. I am sure there will be more to this story before it ends and I noted in your recent letter that you're rarin' to go! I have always appreciated your tenacity and support of the District and its open space acquisition efforts. Thanks again for your professional and very welcome volunteer efforts on behalf of the District. Sin Merely, AA L. Craig Britton, SR/WA Land Acquisition Manager LCB:ss cc: MROSD Board of Directors Stan Norton, Esq. APR 2 1992 o 26370 FREMONT ROAD, LOS ALTO$ HILLS, CALIFORNIA 94022 941.7212 0 California .41 j a WO Date: April 22, 1992 To: City Attorney From: Councilmember Bob Johnson Re: MROSD Contract to Buy Upper Neary Lands A number of residents have recently asked me whether it is true that an assessment district can be formed, as part of the contract, to help pay for the acquisition of the upper Neary lands, without a vote of the people being required. Specifically, it is feared, residents of the Town immediately contiguous with the area, as well as those living in the district known as San Antonio Hills West, may be those included in the assessment district. Apprehension on this matter seems to be spreading rapidly, and I believe that immediate clarification is imperative. If there is no danger of an assessment district being formed without a vote of the people concerned, it would be good public relations for the MROSD to take appropriate action to reassure the public at large. C.C. Hon. Mayor & Councilmembers City Manager Board of Directors, MROSDW---,' Mr. & Mrs. Robert Serventi 26884 Dezahara Way, Los Altos Hills, CA94022 Mr. & Mrs . Glen Fuller 12989 Vista del Valle, Los Altos Hills, CA94022 Mr. John Vidovich c/o DeAnza Proprerties 920 West Fremont Avenue Sunnyvale, CA94087 . . 0 . Open Space, ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Beard of Directors FROM:FROM: H. Grench , General. Manager DATE: May 1.3 , 1992 SUBJECT: F. Y. T . 201 San Antonio Circle,Suite C-135 Mountain View,California 94040 - Phone:(415)949-5500 .0 FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nanette Hanko,Betsy Crowder,Richard Bishop METRO APR 2 , '2 2000 SW First Avenue Portland,OR 97201-5398 (503)221-1646 Fax 241-7.417 23 April 1992 Herbert Grench Mid-Peninsula Regional Open Space District 201 San Antonio Circle Mountain View, CA 94040 Dear Mr. Grench, As follow-up to our conversation on Monday, I would like to thank you for agreeing to join us on May 20 as a guest speaker in our 1992 Metropolitan Greenspaces Lecture Series. I know the notice is late and your willingness Executive Officer to fill in for the recuperating Jan Kneib is appreciated. Rena CUSma Metro Council Dave Crockett and Dennis Peters will be joining you as Tanya Collier presenters on that date. As we discussed, your insight Prt'Sidi�rg Officer District9 into and experience with establishing a regional urban Jim Gardner greenspaces system and especially your knowledge of the O!11e.Deputy're"0"g funding mechanisms for that kind of system will be C7j�ia, Distr,ct3 important contributions to the evening. Susan McLain nistrai 1 A quick recap of the f ocus of our program reads: The Lawrence BauerDstric zMetropolitan Metro olitan Greenspaces Program is a cooperative Richard Devlin regional system of natural areas, open space, trails, and Distri,t4 greenways, for wildlife and for people in the TomDeJardin metropolitan area surrounding Portland, OR. It is a Distrtcrct s Geari San Bergen regional approach to protecting urban natural resources, District a bi-state, four-county program that will piece together Ruth McFarland a mosaic of natural areas and open spaces into connecting Distric17 greenspaces preserved for our future urban environment. Judy ct xt'S Distr8 The urban portions of Clackamas, Multnomah, and Roger Buchanan Washington Counties in Oregon, and the Clark County area c}i;trict10 in Washington make up the Metropolitan Greenspaces area. David Knowles District 11 Congress has identified this Portland-area project as one Sandi Hansen Distmf12 of two national models of natural areas planning in urbanized areas. We were selected to receive a grant from the U. S. Fish and Wildlife Service to fund initial stages of our program because we can provide innovative and cooperative planning efforts encompassing multiple political jurisdictions, conservation organizations, neighborhood groups, and citizens, all of whom bring a strong local commitment of resources to natural resources planning. As a part of an overall effort to increase public awareness of natural areas, Metro has taken a leadership role in the master planning process, in assessing an appropriate role in region-wide environmental education programs, and in empowering the public to get behind the Re,y lollaal"T Metropolitan Greenspaces Program. A long-range protection, acquisition, finance, and management plan for significant greenspaces has been drafted. It provides historical and factual information and outlines recommendations on implementation of the plan. (The draft plan document is currently at the printer, but I will mail one to you when available. ) The April/May lecture series has been targeted to the general public, so that we may reach groups of citizens and businesses and involve them in refining the master planning processes. This four-part series of talks, open to the public for free, highlights facets of the Greenspaces Master Plan and concepts related to our urban natural environment. As I mentioned, this is our first effort in a Greenspaces-oriented lecture series and is, unfortunately, on a very modest budget. We will cover all travel-related expenses (hotel, airfare, or car rental expenses) , of course. We would be pleased to help arrange for a couple of days of exploration of this area, if your time permits. I mean no offense by not offering you a speaker's honorarium: your insights and experience will lend much to our efforts and to the education of the general public. The lecture is set for 7 p.m. , Wednesday, May 20 at the World Forestry Center, near downtown Portland, and is open to the public at no charge. The format for the evening is to have each speaker present their material for 20 - 25 minutes (please let me know if you have any audio-visual requirements) , followed by a general question and answer session. The give-and-take following the first two talks we have had has been quite lively and informative, so I hope that you will glean some enjoyment and benefit from this as much as we will from having- you join us. I would be -happy to answer questions and arrange for anything that would be helpful in bringing you up here to join us. Again, I apologize for this late invitation; I would like to have issued it to you in another way. Sincerely, Ellen Lanier-Phelps Senior Regional Planner Greenspaces Education and outreach 503-221-1646, extension 118 > APR TEXAS COMMISSIONERS PARKS AND WILDLIFE DEPARTMENT ANDREW SANSOM 4200 Smith School Road 0 Austin,Texas 78744 512-389-4800 Executive Director YGNAC10 D.GARZA Chairman,Brownsville JOHN WILSON KELSEY Vice-Chairman Houston LEE M.BASS Ft.Worth HENRY C.BECK,III April 25, 1992 Dallas TERESE TARLTON HERSHEY Houston GEORGE C.'rlM'HIXON San Antonio CHUCK NASH Midpeninsula Regional Open Space District San Marcos 201 San Antonio Circle, Suite C-135 BEATRICE CARR PICKENS Mountain View, Calif. 94040 Dallas WALTER UMPHREY Beaumont Dear District: Someone recently showed me some of your fine publications. If you can make them available at no charge, please send me one copy of each of the following: 0 Land Acquisition Policies and Procedures 0 Basic Policy of the Midpeninsula Regional Open Space District 0 Sharing the Trails 0 Visitor's Guide to the Open Space Preserves 0 Open Space - Summer 1991 0 open space - winter 1991-1992 If there is a charge, please notify me in advance of sending as we will need to prepare purchase orders. Thank you for your attention. Sincerely, Kathryn Nichols Outdoor Recreation Planner Statewide Planning and Research KN:els