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Home My Public Portal About19920610 - Agendas Packet - Board of Directors (BOD) - 92-14 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-14 REGULAR MEETING BOARD OF DIRECTORS A G E N D A 7 : 30 P.M. 201 San Antonio Circle Wednesday Building C - Suite 135 June 10 , 1992 Mountain View , Calif . (7 : 30) ROLL CALL ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- R. McKibbin WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7 : 45) 1 . Approval of Preliminary Boundary Map and Preliminary Approval of Engineer ' s Report for Assessment District No. 1992-1 (Vidovich Acquisition) -- H. Grench Resolution Approving Boundary Map and Preliminarily Approving Engineer ' s P:sport Resolution of Intention (8 : 25) 2 . Proposed Addition of the Davis et al . Property to the Kennedy Limekiln 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 Davis et al . ) (8 : 35) *** 3. Support for Proposed Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources" -- H. Grench (Consent Item) 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 Resolution Endorsing Support of Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources'' 4 . Authorization to Purchase Telephone System -- D. Zucker (Consent Item) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS {Consent Item) CLOSED SESSION (Litigation, Land Negotiations , Labor Negotiations , and Personnel Matters) ADJOURNMENT KNOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS TWE BOARD: The Chair will invite public comment On aqODda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can he accurately included in the minutes. Alternately, you may comment to the Board by a Written COMMUDiCatiOn, which the Board appreciates. All items on the consent calendar sball beqppLov(,d without discussion lam one motion unless a Board member removes an item from the consent calendar for sqparate d a s cta psi on. A member of the under oral communications that an item be removed from the consent calendar. Claims No. 92-10 Meeting 92-14 tl Date: June 10, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ----------------------------------------------------------------------------------------------------- 2640 679.69 Acme & Sons Sanitation, Inc. Sanitation Services 2641 2,217.31 Alves Petroleum, Inc. Fuel 2642 714.45 American Printing & Copy 20th. Anniversary Invitation Printing 2643 375.00 Appraisal Research Corporation Appraisal Services 2644 102.80 AT&T Maintenance Agreement 2645 3,580.00 Bay Area Floors Carpet and Linoleum Installation--Skyline 2646 143.75 Bellaire Express Courier Services 2647 2,247.00 Louis Bordi Grading--Skyline Ridge Patrol Roads 2648 89.42 Bridge Radio Services, Inc. Radio Repairs 2649 233.00 Mary Lou Buckmaster Cleaning Services--Skyline 2650 154.20 State of California, GSA Procurement Fee--Truck 2651 1 ,311 .75 Callander Associates Architectural Services--Windy Hill 2652 205.95 Clark's Auto Parts/Machine Shop Vehicle Parts 2653 100.00 Coastside Proflame Propane Fuel 2654 23.87 Crest Copy, Inc. Reproduction Services 2655 50.00 CRI/Office Pavilion Furniture Delivery 2656 285.80 The Darkroom Photographs and Supplies 2657 2,891 .08 Design Concepts Design and Production of Brochures, 1992 Annual Report, and Stationery 2658 277.94 DynaMed Medical Supplies 2659 357.16 East Bay Brass Foundry, Inc. Bronze Plaque 2660 162.37 Fast Frame Framing--Grant House Awards 2661 63.00 Federal Express Corporation Express Mail 2662 3,298.70 David B. Fisher Legal Services 2663 190.08 4-Wheel Parts Wholesalers Equipment Parts 2664 130,000.00 Gateway Title Company Property Acquistion--Davis 2665 657.82 Goodco Press Printing 2666 32.44 Mary Gundert Reimbursement--Skyline Event Supplies 2667 70.00 Philip Hearin Reimbursement--Training Expense 2668 282.68 Hertz Bq"!Pfflent Re"iEal Bq"ipfflefit Rep"i-I 2669 383.21 Home Depot Field Supplies 2670 250.00 J. Thomas JakabV Consulting Services--Windy Hill 2671 1 ,196.16 Jeda Publications Brochure Printing 2672 60. 12 Kaiser Cement Corporation Base Rock 2673 1 ,046.62 Konica Business Machines Maintenance Agreement 2674 100.00 John K. Landre Water Service 2675 200.00 Lopez Gardening Gardening Maintenance--Distel Circle 2676 757.81 Los Altos Garbage Company Dumpster Rental 2677 200.00 Magana's Building Maintenance Janitorial Services--Distel Circle 2678 550.00 William D. McDonald Water Heater Reimbursement 2679 166.57 Minton's Lumber Company Field Supplies 2680 90.97 Mountian View Garden Center Base Rock 2681 316.00 MRC Consulting Archaelogical Survey--Weeks Driveway 2682 24.21 Norney's of Mountain View office Supplies 2683 1 ,409.20 Pacific Bell Telephone Service L - Claims No. 92-10 Meeting 92-14 Date: June 10, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description ---------------------------------------------------------------------------------------------------- 2684 80.00 Palo Alto Fire Department Wildland 92 Training 2685 26.25 City of Palo Alto Utilities Electricity 2686 146.68 Pitney Bowes Inc. Postage Meter 2687 2,000.00 Postage by Phone Postage 2688 42.84 Precision Engravers, Inc. Brass Namebadges 2689 47.45 Rancho Hardware Field Supplies 2690 32.48 Regal Dodge Vehicle Part 2691 210.00 Eric Remington Checkerspot Survey--Ridge Project 2692 401 .74 Rhus Ridge Association Dumpster Rental 2693 98.89 Rich's Tire Service Vehicle Tires 2694 4,261 .29 Robertson, Alexander, Luther, Legal Services Esselstein, Shiells & Wright 2695 241 .76 Roy's Repair Service Vehicle Maintenance and Repairs 2696 2,252.00 County of San Mateo Plan Check Fees--Trail Construction 2697 103.80 S & W Equipment Company Equipment Repair 2698 101 .76 Chris Saenger Sewer Pipe Reimbursement 2699 263.14 San Mateo Times Newspaper Group Advertisements 2700 335.51 Signs of the Times Signs 2701 70.94 Skyline County Water District Water Service 2702 172. 12 Summit Uniforms Uniform Expense 2703 215.50 Sunnyvale Medical Clinic Medical Services 2704 66.08 Taylor Rental Equipment Rental 2705 270.00 Valley Title Company Preliminary Title Report 2706 143.13 Value Business Products Office Supplies 2707 190.00 Diane West-Bourke Consulting Services--Docent Training 2708 70.87 West Publishing Company Resource Documents 2709 27.40 The Workingman's Emporium Uniform Expense 2710 70.36 Word Products Equipment Part 2711 254.45 Yardbird Equipment Sales Equipment Repairs and Supplies 2712 180.00 Your Framing Center 20th. Anniversary Photograph Exhibit 2713 150.00 ***A-Abco Rents Chair Rental 2714 350.75 Petty Cash Film and Developing. Office and Field Supplies, Local Meeting Expense, Skyline Event Expenses, and Private Vehicle Expense Emergency check issued on May 29, 1992. Emergency check issued on June 5. 1992. ***Emergency check issued on June 10, 1992. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-14 SUMMARY OF JUNE 10 , 1992 REGULAR BOARD MEETING Approval of Preliminary Boundary Map and Preliminary Approval of Engineer ' s Report for Assessment District No. 1992-1 (Vidovich Acquisition) - The Board adopted Resolution 92-24 approving the boundary map and preliminarily approving the engineer ' s report filed with the District Clerk by Leptien, Cronin, and Cooper, Inc. The Board also adopted Resolution 92-25 declaring its intention to initiate formation proceedings for an assessment district in an area of Los Altos Hills to levy and collect assessments and to issue bonds for the purpose of acquiring the 280-acre Vidovich property. The Board scheduled a public hearing for Wednesday, Julv 8 , 1992 at 7 : 30 p.m. at Bullis-Purissima Elementary School , 25890 Fremont Road , Los Altos Hills , to hear protests or objections about the formation of the assessment district . Proposed Addition of the Davis et al . Property to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve - The Board adopted Resolution 92-26 authorizing the purchase of the 65--acre property located east of Lexington Reservoir . The Board also tentatively adopted the Preliminary Use and Management Plan recommendations , including naming the property as an addition to the Kennedy Limekiln area of Sierra Azul Open Space Preserve and indicated its intention to dedicate the property as public open space. Support for Proposed Twenty-Eighth Amendment to the Constitution of the United States "Sustaining Quality of Life Through Responsible Use of Resources" - The Board adopted Resolution 92- 27 endorsing support of a twenty-eighth amendment to the U. S . Constitution for the protection, conservation , and responsible use of the nations natural resources . Authorization to Purchase Telephone System - The Board authorized the purchase of a complete replacement telephone system for the District ' s new administrative office from AT&T for a total equipment and installation cost of $42 , 836 . Deborah Morvav-Zucker Recording Seclretary 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. 92-10 Meeting 92-14 Date: June 10, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ----------------------------------------------------------------------------------------------------- 2640 679.69 Acme & Sons Sanitation, Inc. Sanitation Services 2641 2,217.31 Alves Petroleum, Inc. Fuel 2642 714.45 American Printing & Copy 20th. Anniversary Invitation Printing 2643 375.00 Appraisal Research Corporation Appraisal Services 2644 102.80 AT&T Maintenance Agreement 2645 3,580.00 Bay Area Floors Carpet and Linoleum Installation--Skyline 2646 143.75 Bellaire Express Courier Services 2647 2,247.00 Louis Bordi Grading--Skyline Ridge Patrol Roads 2648 89.42 Bridge Radio Services, Inc. Radio Repairs 2649 233.00 Mary Lou Buckmaster Cleaning Services--Skyline 2650 154.20 State of California, GSA Procurement Fee--Truck 2651 1 ,311 .75 Callander Associates Architectural Services--Windy Hill 2652 205.95 Clark's Auto Parts/Machine Shop Vehicle Parts 2653 100.00 Coastside Proflame Propane Fuel 2654 23.87 Crest Copy, Inc. Reproduction Services 2655 50.00 CRI/Office Pavilion Furniture Delivery 2656 285.80 The Darkroom Photographs and Supplies 2657 2,891.08 Design Concepts Design and Production of Brochures, 1992 Annual Report, and Stationery 2658 277.94 DynaMed Medical Supplies 2659 357.16 East Bay Brass Foundry, Inc. Bronze Plaque 2660 162.37 Fast Frame Framing--Grant House Awards 2661 63.00 Federal Express Corporation Express Mail 2662 3,298.70 David B. Fisher Legal Services 2663 190.08 4-Wheel Parts Wholesalers Equipment Parts 2664 130,000.00 Gateway Title Company Property Acquistion--Davis 2665 657.82 Goodco Press Printing 2666 32.44 Mary Gundert Reimbursement--Skyline Event Supplies 2667 70.00 Philip Hearin Reimbursement--Training Expense 2668 232.83 Hertz Equipment Rental Equipment Repair 2669 383.21 Home Depot Field Supplies 2670 250.00 J. Thomas Jakaby Consulting Services--Windy Hill 2671 1 ,196.16 Jeda Publications Brochure Printing 2672 60. 12 Kaiser Cement Corporation Base Rock 2673 1 ,046.62 Konica Business Machines Maintenance Agreement 2674 100.00 John K. Landre Water Service 2675 200:00 Lopez Gardening- : __ Gardening Maintenance--Distel Circle 2676 757.81 Los Altos Garbage Company Dumpster Rental 2677 200.00 Magana's Building Maintenance Janitorial Services--Distel Circle 2678 550.00 William D. McDonald Water Heater Reimbursement 2679 166.57 Minton's Lumber Company Field Supplies 2680 90.97 Mountian View Garden Center Base Rock 2681 316.00 MRC Consulting Archaelogical Survey--Weeks Driveway 2682 24.21 Norney's of Mountain View Office Supplies 2683 1 ,409.20 Pacific Bell Telephone Service *Emergency check issued on May 29, 1992. Claims No. 92-10 Meeting 92-14 Date: June 10, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ----------------------------------------------------------------------------------------------------- 2684 80.00 Palo Alto Fire Department Wildland 92 Training 2685 26.25 City of Palo Alto Utilities Electricity 2686 146.68 Pitney Bowes Inc. Postage Meter 2687 2,000.00 Postage by Phone Postage 2688 42.84 Precision Engravers, Inc. Brass Namebadges 2689 47.45 Rancho Hardware Field Supplies 2690 32.48 Regal Dodge Vehicle Part 2691 210.00 Eric Remington Checkerspot Survey--Ridge Project 2692 401.74 Rhus Ridge Association Dumpster Rental 2693 98.89 Rich's Tire Service Vehicle Tires 2694 4,261 .29 Robertson, Alexander, Luther, Legal Services Esselstein, Shiells & Wright 2695 241.76 Roy's Repair Service Vehicle Maintenance and Repairs 2696 2,252.00 * County of San Mateo Plan Check Fees--Trail Construction 2697 103.80 S & W Equipment Company Equipment Repair 2698 101 .76 Chris Saenger Sewer Pipe Reimbursement 2699 263.14 San Mateo Times Newspaper Group Advertisements 2700 335.51 Signs of the Times Signs 2701 70.94 Skyline County Water District Water Service 2702 172. 12 Summit Uniforms Uniform Expense 2703 215.50 Sunnyvale Medical Clinic Medical Services 2704 66.08 Taylor Rental Equipment Rental 2705 270.00 Valley Title Company Preliminary Title Report 2706 143.13 Value Business Products Office Supplies 2707 190.00 Diane West-Bourke Consulting Services--Docent Training 2708 70.87 West Publishing Company Resource Documents 2709 27.40 The Workingman's Emporium Uniform Expense 2710 70.36 Word Products Equipment Part 2711 254.45 Yardbird Equipment Sales Equipment Repairs and Supplies 2712 180.00 ** Your Framing Center 20th. Anniversary Photograph Exhibit **Emergency check issued on June 5, 1992. RESPONSE ACTION PROPOI BY STAFF Board President Acknl ge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond MAY 16 1992 Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary -B-0-a�r —of—Directors, Midpeninsula ReaJonal Open Spac- District ptu'50& 1z- 201 San 2 V.�4 t. Mountain View, CA 94040 q 5 0 6 -7 Honorable Board Members : As we near the fifteenth year of our 25-year lease with the district for the Fremont Older home, we are anxious to explore with you the feasibility of a renewal of our lease. The origin-al lease did not include such an option, possibly because all of us were pioneering a new concept in public-private partnerships in preservation. We hope you will agree that the 'Partnership has worked well. We believe that it is in everyone' s interest that the arrancrement continue. Therefore, we would like to propose the district -extend a 25-year renewal of the present lease. In consideration for such a renewal, we would donate to the district those items of furniture, art, books, bound newspaper volumes and memorabilia associated with Fremont and Cora Older, their friends, associates and their period. The district would also benefit in other ways . For example, several of the basic systems in the home will have to be replaced or improved during coming years. These include the roof, water well and storage tank, irrigation system and some anti-earthquake foundation work. In addition, we wish to develop a wheelchair access which is technically possible, but costly. We plan to make these e-_pendiz,,_ireS as needed along with on-going maintenance. As you know, we have allowed public use and tours of the home and gardens to a wide range or community groups . Visitors come away from the experience with a respect for the district' s commitment to and achievement of a much-honored preservation by an innovative: method which has not cost the taxpayers anything. Our farnnil-,7 has demonstrated over nearly 15 iears' dedication to prservipg and i-terp--et-ing the Fremont Older legacy. We sincerely hope you can allow us to continue this effort as your leaseholders .We look forward to the Opportunity to of - I personally to visit Woodhills and to discuss details relating to r e Q'_'e s t Elaine and Mort Levine Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RFSPONSE. PREPARED BY STAFF FOR BOARD CONSIDERATION Elaine and Mort Levine 22800 Prospect Road Saratoga , CA 95070 Dear Mr . and Ms . Levine : At our Regular Meeting last night , the District ' s Board of Directors considered your request to extend your lease for the Fremont Older home . We were pleased to hear from you . Be assured that the District is proud of our cooperative restoration of the Fremont Older home . It may be mutually beneficial to extend the historic renovation lease . However, we need time to review this possibility in more detail . Your request has been referred to the District ' s Assistant General Manager , Craig Britton. Staff will investigate this matter and contact you shortly. Sincerely, Robert NcKibbin , President Board of Directors RM: kh cc : Board of Directors 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-68 Meeting 92-14 June 5, 1992 AGENDA ITEM Approval of Preliminary Boundary Map and Preliminary Approval of Engineer ' s Report for Assessment District No. 1992-1 (Vidovich Acquisition) GENERAL MANAGER ' S RECOMMENDATIONS Adopt Resolution Approving Boundary Map and Preliminarily Approving Engineer ' s Report and Resolution of Intention Discussion: At your May 27 meeting the assessment district engineer briefed you on his Preliminary Study. The next day a Letter went out to each property owner of record in the proposed area inviting each one to a neighborhood informational meeting on June 9 . On June 10 1 will. report to you on what transpired at the June 9 meeting. If you approve the attached resolutions , the next scheduled step will be to notify property owners again and to hold the "Protest Hearing" on July 8 . The Bullis-Purissima School has been reserved for the July 8 meeting. The Preliminary Engineer ' s Report is available to the public through the District ' s office. Final copies of the resolutions will be distributed at your June 10 meeting. Prepared by: Herbert Grench , General Manager Contact person: Same as above 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 a 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 APPROVING BOUNDARY MAP AND PRELIMINARILY APPROVING ENGINEER'S REPORT WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open Space District (the "District") , pursuant to Resolution No. 92-18 adopted on May 13 , 1992 has determined to establish an assessment district designated as the "Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) " (the "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 by said Resolution No. 92-18 appointed the firm of Lept i en-Cron in-Cooper, Inc. as engineer of work, (the "Engineer of Work") and directed 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; and WHEREAS, the Engineer of Work was directed to file said report with the Clerk of the Board on or before June 10, 1992 ; WHEREAS, in accordance with said resolution, said Engineer of Work on June 10, 1992 filed with the Clerk of the Board a report in writing containing the matters specified in section 21567 of the Streets and Highways Code; and WHEREAS, said report has been duly presented by the Clerk of the Board for consideration and has been fully considered by the Board; and WHEREAS, said Engineer of Work has submitted to the Board a map entitled "Proposed Boundaries, Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) , Santa Clara County, State of California" indicating the proposed boundaries of the Assessment District., a copy of which map is attached hereto and labeled Exhibit A; 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 . Said report is hereby preliminarily approved by the Board. Section 3 . Said map be, and the same is hereby approved by the Board as the map of the proposed boundaries of the Assessment District. The Clerk is hereby authorized and directed to endorse the Certificate on said map evidencing the date and adoption of this resolution. Section 4 . This resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED this loth day of June, 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 RESOLUTION NO. RESOLUTION OF INTENTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS , in accordance with prior proceedings duly had and taken, the Board of Directors (the "Board" ) of the Midpeninsula Regional Open Space District (the "District" ) has declared its intention to and has determined to undertake proceedings pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972" (the "Act" ) , being Part 2 , Division 15 , of the Streets and Highways Code of the State of California, for the purpose of acquiring land within the District for open space purposes (the "Improvements" ) and to issue bonds pursuant to the Improvement Bond Act of 1915 , being Division 10 for such Improvements of the Streets and Highways Code of the State of California (commencing with Section 8501) (the "1915 Act" ) . WHEREAS , the Board by resolution duly adopted, appointed the firm of Leptien-Cronin-Cooper, Inc. as engineer of work (the "Engineer of Work" ) , and directed said Engineer of Work to do and perform or cause to be done and performed all engineering work necessary in and for said proceedings , including the preparation of a report describing the proposed improvements of an assessment district , including any costs of maintaining and serving 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 the bonds to be issued (the "Engineer ' s Report" ) ; and WHEREAS , the Engineer ' s Report has been presented to and has been preliminarily approved by the Board as required by the Act and the Board desires to proceed with the formation of the assessment district , the levy of an assessment and the issuance of bonds ; 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 order the formation of an assessment district designated as the "Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) (the "Assessment District" ) , to levy and collect assessments and to issue bonds pursuant to the Act and the 1915 Act . Section 3 . It is the intention of the Board to order the following Improvements in the Assessment District, namely the acquisition of 280 acres 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 Board hereby declares that the territory within the boundaries hereinafter specified and described is the Assessment District to be benefitted by the Improvements and to be assessed to pay the cost and expenses thereof; that the cost and expenses of the Improvements shall be made chargeable upon said Assessment District; and that the external boundaries of the Assessment District are hereby specified and described to be as shown on that certain map now on file in the office of the Clerk of the Board approved by Resolution No. 92-_, adopted by the Board on June 10 , 1992 , entitled "Proposed Boundaries , Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) , Santa Clara County, State of California, " which said map indicates by a boundary line, the exterior boundaries of the territory included in said Assessment District and which is available for public inspection and which shall govern for all details as to the extent of the Assessment District . Section 5. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of the Act, which are included within the boundaries of the Assessment District , shall be omitted and shall be exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said Improvements . Section 6 . Reference is hereby made to the Engineer ' s Report , on file with the Clerk of the Board and available for public inspection, for a full and detailed description of the Improvements , the boundaries of the Assessment District and any zones therein, and any bonds or notes to be issued, and the proposed assessments upon assessable lots and parcels of land within the Assessment District . Section 7 . The Board hereby finds and determines and notice is hereby given that the estimated cost of the Improvements is greater than can be conveniently raised from a single annual assessment and hereby declares its intention that the cost of said Improvements , other than the costs of maintenance and servicing, shall be raised by an assessment levied and collected in installments over a period not to exceed thirty years . Section 8 . The Board hereby determines and notice is hereby given that serial or term bonds to represent unpaid assessments , and to bear interest at the rate of not to exceed twelve per cent (12%) per annum, will be issued hereunder in the manner provided by the 1915 Act , commencing with Section 8500 , and the last installment of the bonds shall mature a maximum of twenty nine (29) years from the 2nd day of September next succeeding 12 months from their date. The Board hereby further determines and notice is hereby further given that the principal amount of the bonds maturing each year or subject to mandatory redemption shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds; and the amount of principal maturing in each year plus the amount of interest payable in that year will be an aggregate amount that is approximately equal each year, which annual aggregate amounts may vary one from another in amounts not exceeding in any year more than five per cent (5%) of the total principal amount of the bonds , except for the moneys falling due on the first maturity or mandatory prior redemption date shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds . The Board hereby further determines and notice is hereby further given that , in addition to any other rights to refund such bonds reserved by this Board, such bonds may be refunded on or after September 2 , 2002 upon determination by resolution of the Board to do so, provided, there will be a reduction in the interest cost to maturity by reason of the refunding of such bonds , and that the refunding bonds shall bear interest at a rate not to exceed the maximum rate permitted by law and shall have a maximum number of years to maturity not in excess of the term of such bonds , and any adjustment to assessments resulting from the issuance of the refunding of such bonds will be done on a pro rata basis . The Board hereby further determines and notice is hereby further given that it proposes to proceed under the alternative procedure authorized in Part 11 . 1 of the 1915 Act relative to collecting assessments and advance retirement of the bonds . The Board hereby further determines and notice is hereby given that it proposes to include, as an additional expense of the proceedings , an amount not in excess of ten per cent (10%) of the total amount of assessments as a special reserve fund for the bonds , as authorized in the 1915 Act and it proposes to sell the bonds at a discount not in excess of three per cent (3%) of the principal amount thereof . Section 9 . The Board hereby determines and notice is hereby given that the District will not obligate itself to advance available funds from the District treasury to cure any deficiency which may occur in the bond redemption fund. Section 10 . The Board herebv determines and notice is hereby given that a maximum of five per cent (5%) of the amount of the installments and interest due on the total unpaid assessments may be added annually, which amount may not in any case exceed eight dollars ($8) per lot or parcel , except with the landowner ' s written consent , to cover the expenses of collecting the assessment. Section 11 . The Board hereby determines and notice is hereby given that it is the intention of this Board to collect a two percent (2%) penalty of the total amount of any unpaid assessment installment that becomes delinquent and on the first business day of each succeeding month until such delinquent payment and all penalties are fully paid to collect an additional penalty of two per cent (2%) of the amount of the delinquency. Notice is further given that the Treasurer of the District shall collect or shall cause to be collected the penalties with and as a part of the delinquent installments and all penalties collected shall be deposited into the redemption fund . Section 12 . Notice is hereby given that Wednesday, the 8th day of July, 1992 , at the hour of 7 : 30 o' clock p.m. , or as soon thereafter as the matter may be heard, in established meeting place located at Bullis-Purissima Elementary School , 25890 Fremont Road, Los Altos Hills , California , is the time and place fixed by this Board for the hearing of protests or objections in reference to the formation of the Assessment District , the annual levy of assessments , to the extent of the acquisition and construction of the Improvements , and to the issuance of bonds, by those property owners affected hereby and any other matters contained in this resolution. If such location is not able to accommodate those persons appearing at the bearing, the hearing will be briefly adjourned and then reconvened at the regular meeting place of the Board, located at 201 San Antonio Circle, Suite C-135, Mountain View, California . Any persons who wish to object to the proceedings for the formation of the Assessment District , the levy of the proposed assessment or the issuance of the bonds should file a written protest with the Clerk of the Board prior to the time set and scheduled for said public hearing. Each protest must state all grounds of objection and shall contain a description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers not shown on the last equalized assessment roll as the owners of such property, must contain or must be accompanied by written evidence that such signers are the owners of such property. The Clerk of the Board shall endorse on each protest the date of its receipt and at said time appointed for said hearing shall present to this Board all protests filed with her. Section 13 . The Clerk of the Board is herebv authorized and directed to publish , pursuant to Government Code Section 6066 , a copy of this Resolution in the Los Altos Town Crier, a newspaper of general circulation within the District , said publication shall be once a week for two successive weeks and completion of publication in accordance with Section 6066 shall be not less than ten (10) days before the date set for said public hearing. Section 14 . The Clerk of the Board , is hereby directed to mail a copy of this Resolution of Intention, sent by first-class mail and deposited , postage prepaid, in the United States mails , to all property owners whose names and addresses appear on the equalized Santa Clara County assessment roll or the State Board of Equalization assessment roll , as the case may be , said mailing to be completed not less than fifteen (15) days prior to the date set for the public hearing. Section 15. The Clerk of the Board is further directed to cause a copy of a Notice of Public Hearing to be posted at intervals of not more than 300 feet along all streets within the proposed Assessment District . Posting of said Notice of Public Hearing shall be completed not less than ten (10) days prior to the date of the public hearing, as specified herein. Section 16 . This resolution shall take effect immediately upon its adoption. Section 17 . For any/all information relating to the proceedings , protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated . Herbert A. Grench General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, C-135 Mountain View, California 94040 (415) 949-5500 JASPER COOPER FRANK J.CRONIN + RANOOLPH W.LEPTIEN LEPTIEN - CRONIN - COOPER, INC. CIVIL ENGINEERS 3855 ALHAMBRA AVE. MARTINEZ.CALIFORNIA 94553.3861 TELEPHONE 228-4218 June 5, 1992 Herbert A. Grench General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, C-135 Mountain View, CA 94040 Re: Assessment District No. 1992-1 (Vidovich Acquisition) Dear Herb, I am enclosing the narrative portion of the Engineer's Report for the refer- enced assessment district. Please place the enclosed material in the Board packets for the meeting of June 10, 1992. A Resolution of Intention to form the District will be furnished by Antonia Dolar. The complete report including the assessment diagram, roll and property owners (mailing) list will be filed under separate cover immediately prior to the Board meeting. Incidental expenses including the cost of issuance have been included in the total amount to be assessed. This increases the lien amount by 19% over the amounts included in our preliminary study. Most of the incidental expense is attributable to the cost of issuance. If a property owner pays in cash the actual increase due to incidental expense would be less than 5%. The exact terms of the bond issue will not be revealed until the bonds are sold. An interest rate of 8% has been assumed. A 1% decrease or 7% interest rate would reduce the annual payment by 9%. Additionally, approximately 10% of the issuance cost involves the bond reserve - fund. The amount of this fund less any foreclosure costs, will eventually be refunded to the property owners. I look forward to seeing you at the neighbor- hood meeting scheduled for June 9, 1992 and the Board meeting of June 10, 1992. Very truly yours, LEP I N-CRONI COOPER, INC. Randol W. eptien RWL:bt encl. copy w/encl. : Antonia Dolar 92026.00 MIDPENINSULA .REGIONAL OPEN SPACE DISTRICT A� ent District 1992-1 i ovicAcquisition Santa Clara County, California ENGINEER'S REPORT DIVISION 15, CALIFORNIA STREETS AND HIGHWAYS CODE CONTENTS ITEM PAGE CERTIFICATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 ASSESSMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 DESCRIPTION AND PLATS OF EASEMENTS AND/OR LANDS TO BE ACQUIRED. . . . 5 ENGINEER'S COST ESTIMATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 METHOD OF ASSESSMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 ASSESSMENTDIAGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ASSESSMENTROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 NAMES AND ADDRESSES OF PROPERTY OWNERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . <!n Na. 29 92 n CtViv Ufa at Ca EXP. DATE: 3/31/95 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT t 92-1 Vi ov1c >< acquisition CERTIFICATES 1. I, the General Manager of the Midpeninsula Regional Open Space District, hereby certify that the Assessment and Assessment Roll in this Engineer's Report, in the amounts set forth in Columns(1)of each, with the Assessment Diagram attached, was filed with me on , 19 Herbert A. Grench General Manager 2. 1 have prepared this Engineer's Report and do hereby certify that the amounts set for in Column(2) under Summary Cost Estimate on page 1 hereof entitled "Assessment", and the individual amounts in Column(2)of the Assessment Roll herein, have been computed by me in accordance with the order of the Board of the Midpeninsula Regional Open Space District, adopted on , 19 Engineer of Work 3. I, the General Manager Midpeninsula Regional Open Space District, Santa Clara, California, hereby certify that the Assessment in this Engineer's Report, in the amounts set forth in Column (2)was approved and confirmed by the District Board of said District on , 19 , by Resolution No. Herbert A. Grench General Manager 4. 1, the General Manager of the Midpeninsula Regional Open Space District, County of Santa Clara, hereby certify that the Assessment in this Engineer's Report, together with the Assessment Diagram thereto attached, was recorded in my office on , 19` Herbert A. Grench General Manager _ . .. 5. A Notice of Assessment was recorded and the Assessment Diagram was filed in the office of the County Recorder of the County of Santa Clara, California, on , 19` Herbert A. Grench General Manager 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AssessmOnt District 1992 1 Vidovich Acquisition ASSESSMENT WHEREAS, on May 13, 1992, the Board of Directors of the Midpeninsula Regional Open Space District, Santa Clara County, California, (hereinafter MROSD) pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution Initiating Proceedings for the Formation of an Assessment District pursuant to the provisions of the Landscaping and Lighting Act of 1972, for the acquisition of open space more particularly therein described; WHEREAS, said Resolution directed the undersigned to make and file a report presenting estimate of costs, maps and descriptions of lands and easements to be acquired, and diagram and assessment of and upon the subdivisions of land within the assessment district, to which Resolution and the description of said proposed improvements therein contained reference is hereby made for further particulars; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Board of said MROSD, hereby make the following assessment to cover the portion of the estimated cost of said acquisitions, work and improvements and the costs and expenses incidental thereto to be paid by the assessment district. The amount to be paid for said acquisitions, work and improvements, and the expenses incidental thereto, is generally as follows: SUMMARY COST ESTIMATE As Modified As Preliminarily As Confirmed After Approved And Recorded Recordation Cost of Construction $ 0 Cost of Acquisitions 9,317,000 Contingencies 10,000 Incidental Expenses 206,000 TOTAL COST 9,533,000 Estimated Contributions (8,385,300) BALANCE TO ASSESSMENT $1,147,700 3 i And I do hereby assess and apportion said portion of said total amount the of the post and expenses of said acquisitions, of lotsdormprovements subdivi ions of land several lots, pieces or parcels or portions liable therefore and benefited thereby, and hereinafter numberedcorrespond rally with the numbers upon the attached Assessment Diagram, upon each, dance with the benefits to be received by such and respectively, in accor subdivisions, respectively, in the olist eheretosattached and itions and m by referencen made ra particularly se part hereof. As required by said Act, an Assessment Diagram is hereto attached showing the assessment district and also the boundaries and dimensions of the respective subdivisions of land h n of id assessment said Resoluti on,rict eachs of which same existed at the time of the passage subdivisions having been given a separate number upon said Diagram. Said assessment is made upon the several subdivisions of land within said assessment district in proportion to the estimated benefits to be received by said subdivisions, respectively,herein are said themdiagramnnumbers diagram and assessment numbers appearing appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each subdivision of land assessed a de shown on the Assesaors Maps of the sren the hnem Roll by reference to its parcel numb County of Santa Clara for the fiscal year 1991- 1992 and includes all of such parcels excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes. For a more particular description of saidproperty, offi areference the County Recordertof deeds and maps on file and of record in the said County. Notice is hereby given that serial ti rtherratebonds, of not both, exceed represent twelve unpaid assessments and bear interest percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, will be issued hereunder In the manner provided by Divia on 10 of d the last e Streets and installment of Highways bondsCode, shall Improvement Bond Act of 1915, mature not to exceed twenty-nine (29) years from the second day of September twelve ( } next succeeding12 months from their date. III 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Agkgmgnt ?istrict W2-1 Vi ovicAcquisition DESCRIPTION AND PLATS OF EASEMENTS AND/OR LANDS TO BE ACQUIRED "Reference is hereby made to the legal description of the lands of Vidovich to be acquired on file in the office of the District clerk of the Midpeninsula Regional Open Space District, which description is incorporated herein and made a part hereof. " 5 NMPENINouiA REGIONAL OPEN SPACE DIS Assessment District 1992-1 Vidovich acquisition ENGINEER'S COST ESTIMATE As Modified As Preliminarily As Confirmed After 1 ACQUISITION Approved And Recorded Recordation Cost to acquire land $9,317,000 TOTAL ACQUISITION $9,317,000 2. INCIDENTALS (a) Costs of Issuance: (1) Assessment Engineering $10,000 (2)Trustee's Administration Fee $45,000 (3) Bond Printing, $5,000 Legal Publication, Auditor's Record, Recordings and Mailings (4) Bond Reserve Fund $96,000 (5) Bond Discount $20,000 (6) Legal Fees $30,000 TOTAL INCIDENTAL $206,000 3. CONTINGENCIES $10,000 TOTAL PROJECT COST $9,533,000 4. CONTRIBUTION BY MROSD 90% x 9,317,000 ($8,385,300) NET AMOUNT TO BE ASSESSED $1,147,700 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT nt ict 1992-1 Vidovich�uisition METHOD OF ASSESSMENT Assessments have been apportioned according to the estimated benefits to be received by each parcel, respectively, from the acquisition of the Vidovich open space. RATIONALE The relative benefits received by individual parcels may vary considerably based on: * Proximity as it relates to views and access. * Parcel Size as it relates to use and value. * Parcel location as it relates to reduced traffic and congestion afforded by the open space. a. Proximity Property which is adjacent to the open space will receive increased benefit from the spectacular views of unspoiled wilderness . Additional benefit will be derived by these properties from immediate access to trails. While the views may vary from parcel to parcel the existence of the view for a given parcel will have a residual impact on neighboring parcels, ie those across the street. These parcels will benefit indi- rectly with respect to the view and directly with respect to access. - By- inspection a --line- 10-00 feet or approximately 0. 1 mile from Vidovich designates parcels perceived to have increased benefit owing to proximity to the proposed acquisition. For the purpose of this study the term "view" is meant to incorporate benefits such as preservation of natural fern and fauna, and other natural value that would be lost to development. These benefits accrue to neighboring properties even though a physical "view" of open space may not be present. 7 b. Parcel Size The vast majority of the parcels within the proposed assessment district are single family residential parcels (lots) from 30, 000 to 40, 000 square feet in size. Lot size often is related to lot topography and set back requirements. Dwelling unit sizes and result- ing land use is fairly consistent in spite of differ- ences in lot size. Thus parcel benefit is seen to be independent of minor differences in lot sizes. There are, however, several parcels located near the southwesterly intersection of 1280 with Magdelena Ave. and south of Eastbrook Ave. near W. Loyola Dr. which are considerably smaller than average. (12 , 000+ sq. ft) . The benefit to these parcels will be less. C. Parcel Location Access to a Vidovich property development would likely be via Stonebrook Dr. , Ravensbury Ave. , Mora Dr. and possibly Olive Tree Lane. It is unlikely that traffic from development on this property would pass onto streets feeding onto Moody Rd. Thus, benefits from reduced traffic would apply more to properties which feed onto Mora Dr. , Stonebrook Dr. and Magadelena Ave. and less to those which feed onto Moody Rd. Properties located west of the east end of Moody Rd . would therefore benefit somewhat less from the elimination of future development. BENEFIT FACTORS In order to relate the benefit received by one parcel relative to another, it is desirable to select a parcel which represents a basic unit. The parcel that abuts open space, located east of the east end of Moody Rd.has been selected as the basic unit of assessment. The benefits from open space have been said to include recreation, view and reduced traffic congestion. Lot size -was also-- said--.to- be -a- factor-- for someparcels. The benefit received by a parcel within the Assessment District has been identified by comparing the relative benefit received in each category to that received by an abutting parcel east of the east end of Moody Road. 8 The factors listed in the table below reflect judgment based on the discussion contained in the previous paragraphs. ZONE DESCRIPTION BENEFIT FACTOR 1 Abuts Open Space & East of 1. 00 East end of Moody Rd. 2 Within 1, 000 Ft. of Open Space 0. 95 & East of East end of Moody Rd. 3 Abuts Open Space & West of East 0. 90 end of Moody Rd. 4 Within 1, 000 ft. of Open Space & 0.85 West of East end of Moody Rd. 5 Greater than 1, 000 Ft. from Open 0.80 Space & East of East End of Moody Rd. 6 Greater than 1, 000 Ft. from Open 0.70 Space & West of East end of Moody Rd. 7 Greater than 1, 000 Ft. from Open Space 0. 65 & reduced lot size & East of East end of Moody Rd. The total factor, reflects the relative benefit received by a single family residential (SFR) parcel when compared to a SFR parcel which abuts the Vidovich open space. The rela- tive benefit to be received by a parcel other than a SFR parcel is calculated by multiplying the estimated number of future SFR parcels times the appropriate benefit factor. TYPICAL ASSESSMENTS Based on the cost estimate and the Benefit Factors preceding the typical assessments for parcels identified by the various zone designations are as follows; AS CONFIRMED AS MODIFIED ZONE_ AS PRELIMINARY AND RECORDED AFTER RECORDING 1 1,422 . 46 2 1,351. 32 3 1, 280. 20 4 1, 209 . 08 5 1, 137 . 96 6 995. 72 7 924 . 60 9 i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Vg � ri I,9Q� idovv ch Acquisition ASSESSMENT DIAGRAM "Reference is hereby made to the Assessment Diagram in and for said assessments proceedings on file in the office of the Midpeninsula Regional Open Space District, said Assessment Diagram being too bulky to be bound with this Engineer's Report. " 10 Open Space JA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-66 Meeting 92-14 June 10, 1991 AGENDA ITEM Proposed Addition of the Davis et al. Property to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve GENERAL MANAGER' S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Davis et al. property. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to dedicate the property as public open space. DESCRIPTION This 64 .83 acre property is located east of Lexington Reservoir in Soda Spring Canyon. The parcel adjoins existing District lands of the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. A 37-acre private parcel borders the property on the south. The property encompasses a portion of the rugged Soda Spring Canyon. Soda Spring Creek bisects the property, and a tributary to Soda Spring Creek runs east west along the northern property boundary. Chaparral dominates the upper exposed slopes of the canyon. Manzanita, madrone, ceonothus, chamise, scrub oak, and yerba santa are common. Near the canyon bottoms, California nutmeg, canyon live oak, bay laurel, and Douglas firs were found. A 120 foot Pacific Gas and Electric (P.G. & E. ) easement crosses the northern portion of the property. A service road is located on the easement and used to access the electric lines and transmission towers. The road follows the ridge through the property connecting Priest Rock Trail with Kennedy Trail on the adjacent preserve. The road serves as a patrol route for District staff, and it also provides a popular loop trail for preserve visitors. There are no structures on the property. 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 ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,C inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-66 Page 2 USE AND MANAGEMENT PLAN Planning considerations The property is in unincorporated Santa Clara County within District boundaries. The zoning is Hillside (HS) , requiring a 20 to 160-acre minimum lot size. The property was rated low for suitability as open space in the District's Master Plan. The Santa Clara County's Trails and Pathways Plan identifies a proposed trail corridor along the prominent ridge extending from Lexington Reservoir to El Sombroso. The plan also identifies a trail corridor from El Sombroso to Almaden Quicksilver County Park. The property includes a section of the P.G. & E. service road which could become a future trail route connecting Lexington Reservoir County Park and the Kennedy Limekiln Area to the Mt. Umunhum. Area of Sierra Azul Open Space Preserve. Future land or trail easement acquisitions will be necessary to complete this trail route. This trail could also eventually extend to Almaden Quicksilver County Park. The Comprehensive Use and Management Plan review for the Kennedy Limekiln Area of Sierra Azul Open Space Preserve was last reviewed in May 1989. The next review is tentatively scheduled for November 1993 . Preliminary Use and Management Plan Recommendations Dedication: Dedicate the property as public open space. District land to the north and east has been dedicated as public open space. The former Berry property to the west is currently undedicated but will be recommended for dedication during the next Comprehensive Use and Management Plan review for the Kennedy Limekiln Area. Name: Name the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Signs: Remove existing preserve boundary signs and install along southern property boundary if necessary. Roads: Maintain for patrol. Public Safety Review: Staff performed a preliminary inspection of the site and found no public safety hazards. R-92-66 Page 3 TERMS AND FUNDING The full purchase price of $130,000 ($2, 000 per acre) is payable in cash at close of escrow in accordance with the District's standard form of purchase agreement. Based upon real estate market activity in the area, the purchase price is determined to be fair and reasonable and represents market 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) 690, 000 Approved acquisitions (escrow not closed) 2,416, 667 Davis et al. property acquisition 130, 000 Remaining cash balance for 1992-93 fiscal year $2, 686, 333 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 DAVIS ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Roberta C. Davis 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 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 $1, 000 to cover the cost of title insurance, escrow fees, 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 $130,000 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. •• •' � � ' Ilk 01 WY SM2 / E .• Fm2 �-' . IN WIR >."7"Al �'TAM �r.. `°� �„r�'- ��'p�4,,, Ott '4 MN FIN SUED z ARBORETUM ., 4.7 7 - ••• • • PURCHASE AGREEMENT This Agreement is made and entered into by and between Roberta C. Davis, Jessica Davis, Frederick Davis Jr. , Lisa Davis, and George Davis, as joint tenants, 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 February 18, 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 sixty four and eighty three one hundredths (64 . 83) acres, more or less, and commonly referred to as Santa Clara County Assessor' s Parcel No . 558-44-005 . Said property being further described in the Legal Description attached to Preliminary Title Report number 7260013 dated March 23, 1992 from Gateway 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 Purchase Agreement - Davis Page 2 attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property . " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be One Hundred Thirty Thousand and No/100 Dollars ($130, 000 . 00) , payable in cash at the Closing (as further defined herein. ) 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Gateway Title Company, 1008 Blossom Hill Rd. , Suite G-1, San Jose, CA 95123, phone number (408) 266-1800, 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 June 30, 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 : Purchase Agreement - Davis Page 3 (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing . (ii) District ' s check payable to Escrow Holder in the amount of One Hundred Thirty Thousand and No/100 Dollars ($130, 000 . 00) . (e) Seller 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 Gateway 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 ($130, 000 . 00) for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (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 Purchase Agreement - Davis Page 4 things of value deposited in the escrow to the party depositing the same . 4 . Rights and Liabilities of the Parties in the Event of Termination . In the event this Agreement is terminated and escrow is 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 - Davis 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. 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. Purchase Agreement - Davis Page 6 9 . Waiver of Statutory Compensation . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . 10 . Miscellaneous Provisions . 10 . 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 . 10 . 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 . 10 . 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. Purchase Agreement - Davis Page 7 10 . 04 Rights Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 .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 : Roberta C . Davis, Jessica Davis, Lisa Davis, Frederick Davis Jr . , and George Davis c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (4 08) 2 68-4 0 62 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 (415) 949-5500 Fax: (415-949-5679) Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax: (415-327-9151) If sent by telegraph, 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 Purchase Agreement - Davis Page 8 the third Ord) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10 .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 . 10 . 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 . 10 . 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 . 10 . 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. 10 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 10 . 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 Purchase Agreement - Davis Page 9 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 . 10 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 10 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 10 . 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 . 10 . 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 . 10 . 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 . 10 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before May 22, 1992 District shall have until midnight June 10, 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 Purchase Agreement - Davis Page 10 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 - Davis Page 11 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 SELI=S DISTRICT i Roberta C . Davis APPROVED AS TO FORM: Date : r O • Jessica Davi by Roberta C . Stanley Norton, District Counsel Davis, her attorney in fact �� Date : — —� ACCEPTED / R REC MMENDATI N : Frederick D vis Jr . , by Roberta C . Davis, his attorney in fact L. Craig Britton, SR/WA Land Acquisition Manager Date : �� `7 APPROVED AND ACCEPTED : Lisa Davis by Roberta C . Davis, her attorney in fact President, Board of Directors Date : ATTEST: Georgia Davis by Roberta C . Davis, her attorney in fact Date : District Clerk Date: G A T E W A Y T ITLE COMPANY 525 Race Street , San Jose , California 95126 (408) 298-9800 PRELIMINARY TITLE REPORT -726-7007599 P R E L I M I N A R Y R E P O R T _ PROPERTY ADDRESS: MR. GARY BECK 7172 ANJOU CREEK CIRCLE SAN JOSE, CA 95120 ATTENTION: GARY ESCROW NO. : 7260013 In response to the above referenced application for a policy of title insurance , Company hereby reports that it is prepared to issue , or cause to be issued , as of the date hereof , a 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 in an Exception below or not excluded from coverage pursuant to printed Schedules , Conditions and stipulations of said Policy forms . The printed Exceptions and Exclusions from coverage of said Policy or Policies set forth on the reverse side hereof , Copies of the Policy forms should be read .They are available from the office which issued this report . This report (any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance , a Binder or Commitment should be requested . This report is subject ,to a minimum cancellation fee of $200 .00. Dated as of March 23 , 1992 , at 7 : 30 a .m. System No . 7007599 Division Underwriter Dan D. Barry Inquiries concerning policy forms and content , types of coverage offered , exceptions to coverage , or other matters relating to this report should be directed to the Chief Title Officer or the Advisory Title Officer at (408) 298- 9800 . X i Page 2 PRELIMINARY TITLE REPORT - 726- 7007599 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 : LUCILLE BEHNKE SCHROFF, A WIDOW D E S C R I P T 1 0 N All that certain real property situated in the Unincorporated Area , County of Santa Clara , State of California , described as follows : PARCEL ONE: Being the Easterly 1/2 of the Easterly 3/4 of the Northeast 1/4 of Section 2 , Township 9 South, Range 1 West , Mount Diable Base and Meridian. PARCEL TWO: Being a portion of Lot 1 and a portion of the South 1/2 of the Northeast 1/4 of Section 2, Township 9 , South , Range I West , Mount Diable Base and Meridian. i Page 3 PRELIMINARY TITLE REPORT - 726-7007599 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: A "The Requirement that this company be furnished a statement of identity from all principals to the contemplated transaction and that the same be furnished at least three days prior to close." 1. Lien of Supplemental Taxes , assessed pursuant to the provisions of Chapter 3.5 , Sections 75 et seq. , Revenue and Taxation Code , if any. 2. General and Special County Taxes for fiscal year 1991-92: Bill/AP No. 558-44-005 Code : 80-008 1st Installment : $169. 61 PAID 2nd Installment: $169. 61 OPEN 3 . An easement for Perpetual and exclusive easements and rights of way to construct , operate , maintain , repair, reconstruct , replace , and remove, at any time and from time to time , electric transmission lines and appurtenances thereto as granted to Pacific Gas and Electric Company, a California corporation , and recorded November 10 , 1967 , Official Records . Affects : A strip of land of the uniform width of 120 feet extending from the Easterly boundary line of Section 2 , Township 9 South, Range 1 West M.D.B. & M, Northwesterly to the Westerly boundary line of Lot 2 of said Section 2 and lying equally on each side of the line which begins at a point in the Easterly boundary line of said Section 2 , from which the 3/4 inch iron pipe set in a rock mound marking the Northeast corner of said Section 2 bears North 1" 53 ' , 648 . 7 feet distant and runs thence North 77' 08' 1/2" West 2600 feet , more or less , to a point in the Westerly boundary of said Lot 2. 4. The effect of Quitclaim Deed Grantor Lucille Behnke Schroff , a widow Grantee r Lucille Behnke Schroff , Roberta C. Davis , Jessica Davis , Frederick Davis , Jr. , Lisa Davis , and George Davis , as joint tenants Recorded December 18 , 1979 , Book F25 , Page 743 , as Instrument No. 6599237 , of Official Records . S . Any matters which would be disclosed by physical inspection. Page 4 PRELIMINARY TITLE REPORT -726-7007599 6. Notwithstanding the insuring clauses of the policy(s) , the company does not insure against loss which may be sustained by reason of : A. Any shortage in area B. Any discrepancies in boundary lines C. Any other matters which would be disclosed by a survey made by a licensed land surveyor NOTE: NOTE: No conveyances of the herein described property was recorded during the 2 year period proceeding the date of this report . NOTE: The County of Santa Clara imposes an additional Monument Preservation Fee of $ 10 .00 for recording a deed with a legal description other than an entire lot shown on a recorded final map. LAST INSURED TRANSACTION: no short term D B:c b h ARB/APN: SS8-44-OOS Compared By ... .0 U. LVUNII AbbtbbUN SANTA CLARA COUNTY, CALIFORNIA ROOK PA 4E 558 44 33 T.9 S. R. I W. Al•ine ns Y•It1640 35 36 — 2 1-1 34 3 2 �/?o � REF. Re 1 LOT 4 LOT 3 LOT 2 LOT I I`-50J, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (42 62 AC.) ( (44.15AC.) 4 I 5 125.52 AC.TOTAL BK 562 (38.75 AC.) "Al so 41.25 AC. 43.23 AC. 64.83 AC. 64.83 AC ' .niiro 45 49 i.:.:i:` 'r•i 4B O Co"Nm IN CONF0QMk C! to OF Iif Rr VEN"AA1AXAr � lst%c C- AfgEDE GRtSpN�1.IV90 ASSES�pq '� Open Space 111L......................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-65 Meeting 92-14 June 10, 1992 AGENDA ITEM Support for Proposed Twenty-Eiqhth Amen(]Nlerit to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources" GENERAL MANAGER ' S RECOMMENDATIONS � .,. Adopt Resolution Endorsing Support of Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources . " Discussion: A grass-roots effort has been growing around this nation to amend the U. S. Constitution with a section on "Sustaining Quality of Life Through Responsible Use of Resources . " Originally this was to be the 27th Amendment , but is now to be the 28th because of recent certification of a 27th. The original Constitution was drafted in 1787 at a time when air pollution and the extinction of wildlife and their habitats were not considered possible. In 1992 , these realities threaten quality of life, our people ' s health, and economic well being. In recent years , Congress and the states have come to realize the importance of environmental protection. A patchwork of laws and regulations has been enacted to provide a limited measure of protection for natural resources and wildlife. These measures are limited by a lack of coherence from state to state. A federal constitutional provision that speaks for all the people in simple terms and provides overriding guidance to our courts is critical at this time. Please see the attached analysis of the amendment . I wish to acknowledge Janet Cobb, Assistant General Manager for Public Affairs , East Bay Regional Park District , for her efforts in fostering the grass-roots effort and for providing information incorporated into this report . Prepared by: Herbert Grench, General Manager Contact person: Same as above 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 RESOLUTION NO. 92-27 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ENDORSING SUPPORT OF TWENTY-EIGHTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES SUSTAINING QUALITY OF LIFE THROUGH RESPONSIBLE USE OF RESOURCES" WHEREAS, Americans are continually reminded that we cannot afford to take for granted the environment that sustains our quality of life, and WHEREAS, science and technology have advanced the standard of living in the United States and other parts of the developed world far beyond what our nation's founders could have imagined, but at a very high price, and WHEREAS, a constitutional amendment to sustain the quality of life through the responsible use of resources is an essential statement of national policy whose time has come, and WHEREAS, the program of the Midpeninsula Regional Open Space District and the quality of life of the District's constituents are directly affected by national policy, and WHEREAS, such an amendment would be the twenty-eighth to the Constitution of the United States, and WHEREAS, the Advisory Council for Amendment 28 has proposed such a constitutional amendment which reads as follows: SUSTAINING QUALITY OF LIFE THROUGH RESPONSIBLE USE OF RESOURCES The natural resources of the United States, including air, water, land, plants, and animals, shall be protected, conserved and used responsibly for the benefit of the people in order to preserve biodiversity, protect the health and safety of the people, and sustain the quality of life for present and future generations. The Congress and the several States shall have the power to enforce this article by appropriate legislation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District hereby recognizes the critical need for a national discussion of environmental policies, and declares its enthusiastic support for the proposed Amendment 28 to the Constitution of the United States, and BE IT FURTHER RESOLVED, that the Board of Directors urged citizens, organizations, and agencies throughout the United States to support this essential statement of policy whose time has come. Open Space R-92-67 Meeting 92-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10 , 1992 AGENDA ITEM Authorization to Purchase Telephone System GENERAL MANAGER ' S RECOMMENDATIONS 1 . Authorize staff to purchase a complete replacement telephone system for the new administrative office from AT&T for a total equipment and installation cost of $ 42 , 836 (including tax) . 2. Authorize a $1 , 000 contingency to be used for necessary unanticipated costs related to the purchase and installation of the equipment. Discussion: At your February 12 , 1992 meeting you authorized staff to solicit competitive bids for a complete telephone system purchase and installation for the District ' s new administrative office on Distel Circle (see report R-92-03) . Hal Marty of Communications Strategies and staff determined specifications and solicited competitive bids from equipment dealers and manufacturers in the Bay Area. The District received the following eleven bids . VENDOR Phone EquipMent Bid Totals AT&T AT&T Merlin Legend $ 36 , 059 BTS Telrad Digital 32 , 317 Cambridge Telrad 42 , 000 Octel (Voice Mail only) octel 19 , 900 Pacific Bell Northern/Centrex 91 , 537 PacTel. Meridian Syst . Northern Norstar 44 , 540 Teledynamics Northern Norstar 44 , 140 Telsystems Iwatsu 31 , 073 TelPlus Siemens HCM200 49 , 575 TRI Toshiba Perception EX 48 , 236 VoicePro SRX System One 48 , 572 Bids were substantially incomplete. Equipment, cabling, and installation costs totalled 329,414. 5-year projection of Centrex and Voice Mail service for 5 years was included for comparison. Bids from AT&T, TRI , and Pactel Meridian Systems were selected for more detailed review and active system demonstrations . Staff has determined that AT&T is the lowest responsible bidder. The difference between $42 , 836 in the recommended purchase author- ization and AT&T' s bid total of $36 , 059 is due to additional requirements , upgrades , and tax and would have been applicable to all bids evaluated . Prepared by: Deborah Zucker, Office Manager Contact 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 BoardofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open apace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Beard of Directors FROM: H. Grench, General Manager DATE: June 5, 1992 SUBJECT: F. Y. I . 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 JUJU 011992 1: E I O_R O FN PA-C REPLY CARD ENCLOSED! ! ! MEMO TO OPEN SPACE COUNCIL RE JULY WORKSHOP //-L_ Prepared by Larry OrMV11�/,A__) May 28, 1992 We had a very successful and productive all day meeting on May 15. In fact, it was so successful that everyone ended up enthusiastically agreeing that we should host a half-day workshop on open space funding aimed at representatives of the region's public open space agencies! We set a date of Thursday, July 16, from 9 AM to 1 PM. After conferring around, Dan Cather's offer of using the City of Walnut creek' s facilities seems to be the best bet. He' ll handle logistics from that end. The city building is accessible via an every 10 minute shuttle from Walnut Creek BART station and has parking as well. It's also good to travel around the region a bit. Assignments for making the workshop happen are as follows: 1. PROGRAM: (see attached draft) -- Orman, Hansen, Stone, Lawrence 2. MEETING LOGISTICS: Dan Cather 3. ANNOUNCEMENT, MAILING AND REGISTRATION: J.P. Tindell Please reserve the date and SEND IN YOUR REPLY CARD! It is important that you be there, as this will be the first introduction of our effort to a wider OrOuP. Finally, as requested, enclosed for your information is the analysis prepared by Greenbelt Alliance on the pending SB 797 by Sen. Morgan, concerning Bay Area regional planning. For an official copy of the bill, call the Legislative Bill Service at 916/445-2323. The bill will likely be heard in Assembly Local Govt. Committee on June 17. MAIN OFFICE + 116 New Montgomery Suite 640, San Francisco CA 94105 * (415)543-4291 SOUTH BAY OFFICE + 1922 The Alameda Suite 213, San Jose CA 95126 * (408)983-0539 The Bay Area —Keep It Green d r a f t -- May 28, 1992 PLEASE SEND COMMENTS BY 615192 TO ORMAN: FAX 4151543-1093 PROGRAM FOR "RESOURCES FOR RESOURCES" OPEN SPACE FUNDING WORKSHOP (working title) Thursday, July 16, 1992 Focus: open space generally, including city parks, greenways, regional parks and open space preserves. Mostly public agency focus, but also non-profit land trusts. Purpose: tight, focused presentations of best current information, emphasizing how to in today's conditions. No more than 2 persons per panel, with 1:2 ration of speeches co audience questioning. 8:30 AM Registration; coffee and rolls 9:00 Welcome (Dan Cather and Larry Orman) 9:10 SESSION 1: TAXES AND ASSESSMENTS (Planners: Dave Hansen, Vicki Moore) Preliminary ideas: 10:15 SESSION 2: BONDS FOR OPEN SPACE (Planners: Larry Orman, Jerry Lawrence) Preliminary ideas: Jerry Meral, PCL 11:30 SESSION 3: WHAT'S IN THE ISTEA? (Planner: Nancy Stone) Preliminary ideas: 12:30 Mini-keynote and wrap up: Why We Need Coalitions to Bring Home the Bacon, or something like that (inspirational) (Brian O'Neill) 12:45 Parting comments from participants (questionnaire will be provided for written feedback) 1:00 PM Adjourn (lunch available nearby) Cost: $15 per person. Pre-registration required. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 2 , 1992 Portola Valley Town Council 765 Portola Road Portola Valley, CA 94025 Dear Mayor Brown and Councilmembers : On May 27 , the District ' s Board of Directors approved an agreement to acquire 194 acres of land from the Corte Madera Partnership as an addition to Windy Hill Open Space Preserve (please see the enclosed staff report) . My Board also directed staff to investigate the possible formation of a Benefit Assessment District to assist with the funding. (The District is currently in the assessment district process to help acquire property in the Los Altos Hills area. ) I understand that you are presently considering renewal and possible modification of the Town ' s utility tax. We respectfully request that you delay any reduction of the tax until you are able to investigate the potential use of it for open space acquisition in cooperation with the District . Given the District ' s relative shortage of acquisition funds, we are going to have to rely increasingly upon local contributions to take advantage of acquisition opportunities . I suggest that District and Town representatives meet to exchange information and brainstorm ideas on potential funding mechanisms for open space. We look forward to your reply. Sincerely, Herbert Grench General Manager H G:dmz,, cc: 4ROSD Bea Of Directors enclosure 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 ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 3 , 1992 Board of Trustees College of San Mateo 1700 W. Hillsdale Blvd. San Mateo, CA 94402 Dear Members of the Board: I understand that you may be considering reduction of local programming on KCSM. I hope you don ' t reduce it. Programs like "People" help public and non-profit agencies reach the public at low cost, representing a real public service to the community by the college. The Midpeninsula Regional Open Space District , for example , is trying to expand its visibility so that our constituents become more aware of the District ' s program and 35, 000 acres of public open space. Thank you for your consideration. Sincerely, Herbert Grench General Manager HG:dmz cc: Board of Directors Midpeninsula Regional Open Space District 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FR0 1. H. Grorlc h , G(-1ner al Manacter LATE: June 10 , 19921 SUBJECT: F. Y. I . 201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 - Phone:(415)949-5500 ° FAX.(415)949-5b79 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop FACSIMILE TRANSMISSION Page 1 of 1 Date: June 9, 1992 From: Hal Feeney To: Herb drench Craig Britton Company: MROSD City/Country: Mountain View Subject: Special Benefit Tax Assessment District Dear Herb and Craig: When we arrived home today, we found a notice on our mail box regarding a meeting to discuss the proposed tax assessment. We are writing this letter to formally express our support for the work that you both are doing to preserve and enhance the open space on the peninsula. We both support the purchase of the Quarry Hills property and we also support the tax. It is a bargain to have all of this open space so Close to Our home. Sorry we missed Craig's meeting at the Smiths a few weeks ago, but we heard about the tax plan a few days latter. Since we use San Antonio Open Space on a daily basis, we appreciate what this acquisition means in tying together Windmill Pasture with the rest of the preserve. Keep up the good work and thanks for your efforts in making the peninsula a better place to live. I hope that you can have the same type of success in gaining responsible development and open space preservation on the St. Joseph Seminary property. You have Our full Support for your acquisition activities, even if it means more taxes. This may be the first and only time we have seen Value returned for the money paid. Best regards, all (FT ror- Foe4AZY Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 9, 1992 David MacKenzie F.O. Box 777 Los Altos , CA 94023 Dear Mr. MacKenzie : Thank you for your kind letter of June 8 . Assessment district proceedings aren ' t easy, of course, and we appreciate your support. Sincerely yours, c Robert McKibbin, President Board of Directors RM:dmz cc: MROSD Board of Directors 201 San Antonio Circle,Suite C-135 Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop David MacKenzie Post Office Box 777 J U N a 91992 Los Altos, California 94023 Telephones Office: (415) 941.2662 Home: (415) 949-4991 June 8 Mr. Robert McKibbin, President Board of Directors Midpeninsula Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, California 94040 Dear Mr. McKibbin: Replying to your letter of May 28th,addressed to Los Altos Hills property owners, asking for support of a proposed assessment district to help purchase of the Vido- vich holding, count me in. I 'm assuming the monetary cost to each property owner will come fairly close to the figures you mentioned. I 'd hate to have to sell my place in order to acquire the property. May I also say that, bordering the proposed purchase, I 'm obviously affected greatly. But beyond that I 'm a fre- quent walker on your trails and would like to thank you, the Board and the entire staff for many hours of peace and pleasure. Sincerel,f La� , David MacKenzie I Parcel # 336--35-036 Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 9 , 1992 David Knapp, Town Manager Town of Los Gatos P.O. Box 949 Los Gatos , CA 95031 Dear David: I followed up my letter of May 20 as promised, with phone calls placed to you on May 28 and June 5, but haven ' t received a return call . Again, I hope that we can work something out on the Los Gatos redevelopment project. However, as time goes on, legal matters will have to proceed and, I fear, we will all get locked into a mode wherein we ' re unable to talk to each other in an informal , problem-solving format . Please give me (or Craig Britton, if you ' re unable to reach me) a call soon. Sincerely, lvb_� 4A_19__� Herbert Grench General Manager HG:dmz cc: XROSD Board of Directors W. Esselstein, Esq. _. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 FAX:(415)949-5679 General Manager:HerbertGrench Boardo(Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10 , 1992 Honorable Quentin Kopp California State Senate P.O. Box 942848 Sacramento, CA 94248-0001 Re: Senate Bill 1538 Dear Senator Kopp: The Midpeninsula Regional Open Space District is a special district whose 330 square mile area includes portions of Santa Clara , San Mateo, and Santa Cruz Counties . over the last 20 vears the District has acquired 35, 000 acres of land for public use and benefit . We continue to acquire land on an opportunity basis . Last year, for example , we acquired 21 parcels totalling 1060 acres . I believe our high level of activity in property negotiations is rather unique for local agencies in California . Section 15 (page 17 , lines 28-37 of version as amended May 27 ) of your bill requires listing certain information regarding property negotiations on the published agenda. our experience is that often we don ' t know until the' day of our board meetings, much less at agenda mailing time, that we need to discuss a particular negotiation in closed session. Therefore, we respectfully request that SB 1538 be amended to add the following italicized words , or other change to the same effect: (2) With respect to every item of business to be discussed in closed session pursuant to Section 54956 . 8 , the item shall be designated under the heading "Conference with Real Property Negotiator" and, if known at the time the agenda is prepared, shall specify, by street address , parcel number, or other unique reference , the real property under negotiation, the party or parties who are directly or through an agent negotiating with the agent of the legislative body, and whether the conference will concern the the terms of payment , or both . Incidentally, the words "are . . . negotiating" aren ' t quite accurate if negotiations have not vet commenced. Perhaps "or expected to be negotiating" should be added after "negotiating. " 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 ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop We could invoke the procedure given in Section 13 of your bill [Government Code Section 54954 . 2 (c) (2) ) , but these situations arise too frequently for us to feel comfortable with using it routinely. Our own current procedure is to announce publicly the Section 15 information at our board meetings and to record that information in the minutes . Thank you for your consideration. Sincerely, Herbert Grench ,General Manager HG:dm cc: /M40SD Board of Directors Stanley Norton, Esq. District Counsel Ralph Heim, SRJ-Jackson, Barish & Assoc. Senators Morgan, McQuorquodale, and Alquist Assembly Members Burton, Sher , Speier, Lempert and Quackenbush i F `.., x r �, >tb s fit" ...,. �t m� ie;'' '� M a <"� 20 S�ST�iNI��UALI OF",, TF�O�H�iES f c ,, �ISE�F�ESOURC u a J' s�' r 3 3 °� P 1 n4 4 b' �z a ..� �a� �.- w ii� ��m .,.��"� �� _.,�� The Constitution of the United States of Rights to the declaration of an planet, as well as the health and of America is an elegant, practical essential national policy such as the prosperity of future generations. document, crafted out of debate and abolition of slavery. Since 1852, Congress and the States hard experience "to form a more We are continually reminded that we have come to recognize the impor- perfect Union," and, among other cannot afford to take for granted the tance of environmental protection. things, to "promote the general wel- environment that sustains our quality In the 1970s and 1980s laws were fare, and secure the blessings of liber- of life. Science and technology have passed to provide for clean air, clean ty to ourselves and our posterity . . ." advanced the standard of living in water, hazardous waste management, James Madison, the "Father of the the United States and other parts of hazardous waste cleanup, Constitution," declared that "in the developed world far beyond and protection of endangered framing a system which we wish what anyone could have species. Despite the clear trend in to last for ages, we should not lose imagined in 1787 or any time during national thinking in this area, there is sight of the changes which ages will the 19th century. The price for these no provision in the Constitution that produce." advances has been very high. addresses this critical issue, The Constitution has been amended We are using up our resources at ensuring responsible use of our 26 times since the original was a frantic pace, polluting our water- country's resources. adopted in 1787. The nature of the ways, and creating air that endangers We, the people, need to urge our amendments has varied from limita- our very being. In the process we are President and Congress to consider tions on the power of the national threatening the other the following: government as embodied in the Bill species with which we share this AMENDMENT 27 SUSTAINING QUALITY OF LIFE THROUGH RESPONSIBLE USE OF RESOURCES The natural resources of the United States,including air,water,land,plants,and animals, shall be protected, conserved and used responsibly for the benefit of the people in order to preserve biodiversity,protect the health and safety of the people,and sustain the quality of life for present and future generations. The Congress and the several States shall have the power to enforce this article by ap- propriate legislation. Discussion Question: Why do we need a constitutional ment,and across-the-board cooperation ment were revised to state that "every amendment? Isn't the statutory framework by government agencies, private industry, person" has the stated environmental for protection of environmental rights enough? and vigilant individuals. rights,it is more likely that private enfor- a. We need federal protection of these fun- Question: Will private citizens have the cement would be available. damental rights and the national debate right to enforce the amendment? Sometimes individuals may enforce con- that the development and passage of The Advisory Council intends that stitutional rights on behalf of the public Amendment 27 will generate. Amendment 27: as a whole. In these cases, individuals act b.Protection of our natural resources is 1) Provide a basis for private actions to as private attorneys general. In addition, not addressed anywhere in the Constitu- invalidate any Congressional or state legis Congress could give individuals the right tion. lation that is found to violate the amend- to enforce the amendment for the benefit c. Statutes are easily changed. The Con- ment,as well as administrative action of the people. stitution is not—an amendment requires that relies upon a statute that is found to Question: Will the amendment permit litiga- a two-thirds vote of each house of Con- violate the amendment.Other administra- tion between private parties? gress and ratification by three-fourths of tive action could still be challenged under "Most of the protections for individual the states. the Administrative Procedure Act and rights and liberties contained in the Con- d. The Constitution is the appropriate other statutes. stitution and its amendments apply only place for a statement of basic rights to a 2) Not provide a basis for action by one to the actions of governmental entities. healthy environment that will sustain our person against another person for activi- The safeguards against deprivations of in- quality of life. The Constitution is not the ties that violate the amendment;such mat- dividual rights which are contained in the appropriate vehicle for a detailed state- ters would be decided under present and text of the Constitution specifically apply ment of a regulatory program for protec- future statutes. only to the activities of either the state or tion of air,water, land, plants, and Amendment 27, as presently drafted, federal governments. Similarly, the Bill of wildlife. VVe will, therefore, continue to does not explicitly provide that it may be Rights by its own terms and necessary im- need statutory protection for the environ- enforced by private persons. If the amend- plications has been viewed only to limit the freedom of the govern- Question: Would the amendment change the Increased efficiency of operation will ment when dealing with individuals. standards set ford: in current environmental reduce the use of resources. Finally, the amendments to the Constitu- statutes? "Energy consumption for unit of GDP tion which protect individual liberties If the constitutional amendment contains [Gross Domestic Product] in OECD [Or- specifically address themselves to actions standards that conflict with existing ganization for Economic Cooperation and taken by the United States or a state. statutory law, then it would be possible Development]countries' has been drop- Only the thirteenth amendment, which to invalidate the statutory law after litigat- ping at a rate of 1-�, per cent every year abolished the institution of slavery, is ing the question before appropriate court, since the late 1960s. Between 1973 and also directed to controlling the actions of and, ultimately,before the Supreme 1983, these nations improved energy ef- private individuals. Thus whenever a suit Court.' It should be noted,however, that ficiency by 1.7 per cent annually. In- is brought against private individuals on the courts would have to struggle with dustrial water consumption per unit of the basis that they have taken actions the question of the extent to which the production has also declined.Older pulp which have violated the civil or political constitutional amendment is a "fundamen- and paper mills typically used about 180 rights of another, there is a question as to tal" right, like the right to free speech, or cubic metres of water per ton of pulp; how the actions of the private indi- an economic right, or something in be- those built during the 1970s,however, viduals could be limited by these constitu- tween. In general,economic rights used only 70. With advanced techniques tional provisions.There must be a secured by the Constitution under the that keep water circulating within a determination of whether the defendant's due process clause are subject to a much closed system, and with proper staff train- actions constitute governmental or'state' lower level of protection than fundamen- ing,use rates could be lowered to 20-30 action of a type regulated by the ap- tal rights such as the right to free speech. cubic metres per ton of pulp. propriate constitutional provision." We believe the rights created by Amend- "Declines in consumption of other raw [Rotunda,Nowak &Young, Treatise on ment 27 would fall between fundamental materials began much earlier. In fact, the Constitutional Law: Substance and Proce- rights and economic rights. amount of raw materials needed for a dure,Section 14.4.1 Question: What are the economic costs and given unit of economic output has been The Advisory Council believes that benefits of Amendment 27? dropping over this entire century,except Amendment 27 will have no effect on Amendment 27 sets a national policy for in wartime, for practically all non-agricul- private individuals because it does not conserving the natural resources of our tural commodities. A recent study of con- specifically create a right against private great country. Existing and new federal, sumption trends of seven basic materials parties.Sometimes courts have concluded state and regional regulations would en- in the United States bears this out, as do that private action was actually gover- studies in Japan.Japan used only 60 per ment action, either because the gover- force this policy. Resource recovery and cent as much raw materials for ever unit restoration by businesses and govern- y ment was involved in some way in the merits on a local,regional,and statewide of industrial production in 1984 as it private action (e.g., by contract) or be- level would specify reduction goals, used in 1973." [The World Commission cause the private party acted in many monitoring and methods of accounting as on Environment and Development, Our respects like a government would (e.g., a well as reporting resource savings and Common Future, Oxford University Press company-owned town was treated like a cost benefits. In the case of restoration of 1990,p. 63] municipality even though it was a private natural resources, the goal would be to in- Amendment 27 does not mandate entity). crease acres of forested lands, clean up programs and therefore does not directly Without explicit language covering streams and rivers,and return farmland impose costs on industry or the public. private parties,it is unlikely that a right to high production capability. Sustainable living, which is the goal of against private parties,without a finding "Some of America's best corporations are the amendment, will cost money but it of state action, would be found to exist doing a much better job of responding will also create benefits. under Amendment 27. creatively to the crisis. Those that have Carrying out the intent of the amend- made a strong commitment to environ- ment,moving toward a sustainable "The question, whether an act, repug- mental responsibility have found, to their economy,would result in short-term cost nant to the constitution, can become the surprise, that when they start to'see' savings through immediate conservation, law of the land, is a question deeply inter- their pollution and look for ways to mini- reuse of raw materials, and restoration of esting to the United States; ' . ' mize it, they begin to'see' new ways to renewable resources. "That the people have an original right to cut down on their use of expensive raw It is in everyone's interest to participate establish, for their future government, materials and new ways to improve ef- in resource conservation and restoration such principles as, in their opinion,shall ficiency in virtually every part of the projects that will free up capital for busi- most conduce to their own happiness, is production process. Some of these com- ness and job development, the basis on 'which the whole American panies have also reported that this new at- fabric has been erected.The exercise of tention to each stage of production has 1 The OECD includes the following this original right is a very great exertion; also resulted in a sharp reduction in countries: Australia, Austria, Belgium, nor can it, nor ought it, to be frequently product defects. For example, the 3M Canada, Denmark, the Federal Republic repeated. The principles, therefore,so es- Company credits its Pollution Prevention of Germanv, Finland, France,Greece, tablished, are deemed fundamental. And Pays program with major improvements Iceland, Ireland, Italy,Japan, Luxem- as the authority from which they proceed in profits; Xerox and several other corn- J p Bourg, the Netherlands, New Zealand, is supreme, and can seldom act, they are panies have reported the same ex- Norway, Portugal, Spain,Sweden,Swit- designed to be permanent." perience." [Gore, Farth in the Balance, zerland,Turkey, the United Kingdom, Marbury V. Madison,2 L.Ed 60 (1803). Houghton, Mifflin '1992, p. 1931 and the United States. First Friends of Amendment 27 — 1992 Janet Cobb,Chair Kimery Wiltshire:,Executive Officer John Ashbaugh Michael R.Laton Ted T.Inouye Paul N.McCloskey,Jr. Mike Remy,Esq. Dr.Sam Assam Joseph T.Edmiston Susan Ives Sylvia!McLaughlin Richard K.Robbins and Norma Assam Dr.Robert Ewing Ron Jones Peggy Mensinger Paul D.Romero Carla[lard Phyllis Faber Bruce F.Kennedy Jerry MeraI Paul Sedway Ed Begley,Jr. John Fazel Jack Kenny James Monteith Rena M.Shulsky Peter Behr Duke Foster Kathryn F.Kingson William I'.Mott,Jr. Theodore Smith Joseph P.Bon Louis Frost Grace and Ric de Laet Kathy Neal Dwight Steele Trevor Burrowes Louie Gonzalez Amy J.Larson John Nejedly Ginger Strong Jayni Chase Phyliss Cow Luna Leopold Carolyn North James Trout Joshua Newman Collins,Ph.D. Faith S.Hahn and Barbara Leopold John O'Donnell Vivienne Verdon-Roe and Laurel Collins Liz Harvey Cathy Lerza Jerry Olmstead Michael Vickerman Jocelyn Combs Paul Hawken Amy Lethbridge Garry Patton Charles Warren Allen Cooperrider Stana Hearne Rick Luskin Christopher Peters Scott Werner 'Lack Cowan Oliver Holmes Ellen Maldonado,Esq. George Plumb Richard Wiltshire Adelaide Donnelly Hulet Hornbeck Ken Mastenon Leslie Prindle-Klein Michael Winter Timothy and Lynn Dunbar Jay Hopkins Yale Maxon,Ph.D. Ted Radke Eric Zell A partial list