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HomeMy Public PortalAbout19950222 - Agendas Packet - Board of Directors (BOD) - 95-04 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-04 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California February 22, 1995 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, j and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. La or Negotiations - Government Code Section 54957.6(a) A. Conference with Labor Negotiator - Represented Employees Agency Negotiator: Susan Schectman Employee Organization: S.E.I.U. Local 715 B. Conference with Labor Negotiator - Unrepresented Employees Agency Negotiator: L. Craig Britton (7:30) ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES January 25, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Election to Complete the Acquisition of the Remaining 889 Acres Owned by Alan Hosking at El Corte de Madera Creek Open Space Preserve for Approximately $6,260,131 and Reaffirmation of the District's Intention to Dedicate the Property as Public Open Space -- C. Britton 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-04 Page 2 Resolution Authorizing Exercise of Final Defeasance Option, Authorizing Officer to Execute Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Corte De Madera Open Space Preserve - Lands of Hosking) (7:55) 2. Authorization to Purchase 40-Acre Bartkowski et al. Property Adjacent to El Sereno Open Space Preserve for $237,500 as Possible Joint Project with Santa Clara County and Approval of Preliminary Use and Management Recommendations for the Property -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve - Lands of Bartkowsld et al.) (8:00) 3. Scheduling of March 15 Special Meeting -- C. Britton (8:05) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at then 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. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the conseaL caLfadar LILaIL bg g=rav fd jid&ut discLigioll by = motion unless a &ard WMber removes an item &-am the consent calendar for separate discussion, A member QL& public may reauesl under oral communications that an item be removed from the consent calendar, NOTICE OF PUBLIC MEETING The Administration and Budget Committee will meet on Thursday, February 23, 1995 at 4:00 P.M. at the District office. The Legislative, Finance, and Public Affairs Committee will meet on Monday, March 6, 1995 at 11:30 A.M. at the District office. 1 { •lleiam 0 b 22400 SKYLINE BOULEVARD #22 1 ermayer LA HONDA, CA 94020 February 10, 1995 RESPONSE ACTION PROPOSED BY STAFF Board of Directors Board President Acknowledge/Respond Midpeninsula Regional Open Space District Director Acknovledge/Respond 330 Distel Circle Staff Acknowledge/Respond xDraft Response Attached Los Altos, CA 94022-1404 Steft to be Directod to Prepare Drat, Rea ponse for Board Consideration per Board Directiva(s) No Response Necessary Dear Directors: p y Your meeting of December 14, 1994, raised questions about the private roads I have used and enjoyed as a property owner in the development of Portola Heights since 1978. During that time I have done whatever maintenance and/or improvements I felt y enjoyment to ensure m ment and safe asses necessary � y � free passage. Please see the attached map is communi ty showing the easements where the lie within the of Portola Park Heights y g Y g County of San Mateo. In 1985, after a number of public meetings, proposed District trails on or crossing these private roads were relocated or eliminated. Please see the attached letter from District Counsel. Property owners in Portola Heights had hoped the road issue was resolved. However, despite requests for better signing, the original signs continue to fade, decompose, and in most cases, have entirely disappeared. There is a clearly worn, unposted trail emptying the public onto the road. Despite requests, there has been no evidence of any effort on the District's 7 art p to eliminate or contr ol this trail. Th e Site Map for the Acronico property acquisition (see Report R-94-131)—while confusing and incorrectly identifying many roads—clearly shows public use on and over the roa d both in the designated "Leashed Dogs Permitted Here" zone by the front gate and via a loop trail near the Acronico border. This makes it appear that the District is encouraging the public to access the private road in violation of its 1985 agreement while ignoring the public's safety and the private property rights of the easement holders. Also, as the District is well aware, there are a large group of private property owners in the Community of Portola Heights who have easements across Sorich (Lower) Road, and Portola Park Heights Road. Why were these owners not notified of this public meeting that discussed the acquisition, use, and management of these primary, private, access roads? Easement rights are property rights; those who own these rights deserve to be notified if they will be discussed at a public meeting just as property owners of adjacent parcels are. I To Board of Directors February 10, 1995 Page 2 The District's Use and Management recommendations for the Acronico property raise additional concerns. When the staff writes:, "Under its current ownership, there has been little attempt to discourage trespass," I agree. The District is the owner of the road frontage where the trespass occurs. Before the District, the property owners maintained the locked gate at Skyline Boulevard including "Private Road, Keep Out" signs on either side and maintained a fence along Skyline Boulevard with "Private Property, No Trespassing" signs at intervals. The District's policy of encouraging public use without adequate signs and safeguards is what is continuing to increase the amount of trespass in Devil's Canyon and on the road. In response to your staff's recommendation that, "Legal interests and rights to the road are unclear and need to be clarified with Portola Park Heights residents," let me clarify what my rights are. I have an historic right-of-way—mentioned in County records as early as 1924—that gives me certain property rights. These property rights include but are not limited to: 1. The right to a limited use or enjoyment of the land in which the easement exists; 2. The g right to protection as against third persons from interference in my use or enjoyment. 3. The right to the peaceful enjoyment and free passage of my ease- ment 4. The right to maintain a private roadway sufficient for logging trucks and other commercial vehicles; 5. The right to maintain any associated drainage facilities; 6. The right to install and maintain overhead and underground util- ities; 7. The right to use the roadway for animal, pedestrian, and vehicle purposes and for ingress and egress; and 8. The right for the roadway to remain private until it becomes a public road. Since the subdivision of 1971, the Portola Park Heights Property Owners Association has had the responsibility for the maintenance, repair, and upkeep of these private roads. The Association is also the means for the promulgation and enforcement of all regulations necessary to the governing of the use and enjoyment of the roads. If the District wants to cross the road or otherwise allow public access to the road, it needs to come to terms with the property owners of the affected easements. i To Board of Directors February 10, 1995 Page 3 I am not unsympathetic to the preservation of open space. It may be that my private property—and the rights associated with it—will have to give way before the pub- lic purpose of the District. But when private property is taken for public use, just compensation must be paid. When I purchased property in the community of Portal Park Heights I had a reasonable expectation that increased use of the road would be as the result of development that would benefit the infrastructure of the community. Until such time as the costs of the road are borne by the public, the road shall remain private. Very truly yours, William Obermayer f' _ I .sky� Hf Qi PORTOLA HEIGHTS ROAD �. 0 1 R CH (LOWER) ROAD ••- 03 LONG RIDGE ROAD ® DOHERTY RIDGE ROAD Q CUT—ACR05S ROAD �;�•.,^�.�� � ze z7 \ � �• x6;:f.z 1 ` 27 26 © AHLONE WAY - 33 �. - ':: 76 j. 35 07 DlABLO WAY % 3 O I 2 f \..� 1, // ® BEAR CREEK CROSSING t © �. L G Ri-D_G E \ O FIVE POIWTS ROAD �41 �.' RHOS ROAD 1 O P E N � i ® - PACE MIDDLETON ROAD 8 _ / "' t. S. PRESERVE mire .• _ a E: i 6 5 4 = / �3 j� '• 0 ( ,�^ir...fir` 3s x_, T.7 S. r 32 :i `_' u 2 T.8 S. ! ` 11 D.. ON t STANLEY K. NOKTON ATTORNEY AT LAW 407 SHERMAN AVENUE PALO ALTO,CAUFOKNIA 9A306 TELEPHONE 324•f366 October 2, 1985 Mr. Stephen Stone 22500 Skyline Boulevard La Honda, CA 94020 Re: Portola Heights/Long Ridge Road Dear Mr. Stone: The Board of Directors of the Midpeninsula Regional Open Space District has asked that I, as District Counsel, reply to your letter of August 28, 1985. The Board of Directors recently, after a number of public meetings on the subject, decided not to allow public use of the Portola Heights/Long Ridge Road. A system of parallel trails is to be constructed and signs installed to carry out that policy. Any reference on Distict maps to the road as a public trail will be eliminated. I trust this answers the concerns expressed in your letter. Very truly yours, j/ ✓rs�'�"Lr Stanley ,t Norton District Counsel SRN/lh cc: Board of Directors Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT"RESPONSE PREPARED BY STAFF February 23, 1995 FOR BOARD CONSIDERATION Mr. William Obermayer 22400 Skyline Boulevard #22 La Honda, CA 94020 Dear Mr. Obermayer: The District's Board of Directors reviewed your February 10, 1995 letter at its regular meeting on February 22, 1995. Since your letter focuses on property rights and road easement rights issues in the Portola Park Heights area, I have asked Susan Schectman, District Legal Counsel, to review and respond to your letter in behalf of the District. Thank you for relaying your opinions to the Board. Sincerely, Pete Siemens, President Board of Directors PS:ej cc: Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,C inny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton •' RESPONSE ACTION PROPOSED BY STAFF Hoard President Acknowledge/Respond Director Acknowledge/Respond = Staf ra£c Response Attachedf Acknowledge/Respond D Harry H. Haeussler, Jr. Staff to ba Directed to Prepare Draft 1094 Highland Circle aespoosa for Hoard Co nsld ar ation par Los Altos, CA 94024 Hoard Directives) No Response Necessary February 3, 1994 Board of Directors MROSD 330 Distel Circle Los Altos, CA 94022 RE: Windy Hill Open Space Preserve, Dangerous codition. I For the past three days I have ridden on the above preserve on the road from Alpine Road to Sausel Lake. About 400 yards from Alpine Road, just before the hairpin turn, there is a landslide area which during the latest rains has substantially encroached into the roadway. There are two wooden posts at each end, and about six steel "T" posts with wire strung between the wood posts to offer protection from falling off onto the steep landslide area. . Five of the steel posts are now completely free from the earth and just hanging from the wires, the slide having encroached at lease some 12 to 15 inches beyond them into the roadway. This barrier for public safety is now no protection at all, and, in my opinion, an invitation to disaster. I have written the district before about this dangerous situation. In my opinion the only solution is to relocate the road away from this slide area. You need the road for access in emergency, and the weight of a truck could cause the present road to slide. In-as-much as the creek crossing near Alpine Road is now inaccessible to vehicles due to the heavy creek flow, it would be appropriate to hire, under emergency measures, a contractor to correct the creek crossing and modify the road at the slide area. Public safety imperative. Harry H. Haeussler, Jr. copy to: Portola Valley Trails Committee _ I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF February 26, 1995 FOR BOARD CONSIDERATION Harry Haeussler, Jr. 1094 Highland Circle Los Altos, CA 94024 Dear Harry: Thank you for your February 3 letter regarding the landslide at Windy Hill on the trail between Alpine Road and Sausal Pond. District staff was informed immediately of this situation, and as a temporary measure, the barrier fencing was realigned. A permanent solution may require a realignment of the existing trail. However, the decision to realign this trail and whether or not to make it accessible to vehicles will probably not be made until we conduct the Comprehensive Use and Management Plan review of this preserve; the review is tentatively scheduled for the fall of 1996. We appreciate your input on trail conditions. We encourage you to immediately report all dangerous conditions at Windy Hill, or other preserves you visit, to the Skyline Ranger Office at (415) 941-2870. Sincerely, Pete Siemens, President Board of Directors PS:kh cc: Board of Directors 330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 (5 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny,Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-02 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS January 25, 1994 MINUTES I. ROLL CALL President Pete Siemens called the Special Meeting to order at 5:35 P.M. Teena Henshaw arrived at 6:00 P.M. Members Present: Pete Siemens, Ginny Babbitt, Nonette Hanko, Betsy Crowder, Mary Davey, Teena Henshaw, and Wim de Wit. Personnel Present: Craig Britton, Jean Fiddes, John Escobar, and Sue Schectman. II. CLOSED SESSION P. Siemens stated that the Board would be meeting in Closed Session for the purpose of discussing Special Meeting agenda items number one and two. The Board recessed to the Closed Session Special Meeting at 5:35 P.M. The Special Meeting was adjourned at 7:30 P.M. P. Siemens called the Regular Meeting to order at 7:35 P.M. and announced that no action was taken in Closed Session on agenda items number one and two. Additional Personnel Present: Malcolm Smith, Randy Anderson, Mary Gundert, Sheryl Cochran, Carleen Bruins, and Susan Dale. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, requested the District provide chairs with writing tables for members of the public. P. Siemens responded the District would take the request under advisement. IV. ADOPTION OF AGENDA Motion: G. Babbitt moved that the Board adopt the agenda. T. Henshaw seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder requested Revised Claims 95-02 be removed from the consent calendar. 330 Distel Circle # Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com 8 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 94-29 Page 2 Motion: G. Babbitt moved that the Board adopt the consent calendar as revised including approval of the response to the written communication dated December 23, 1994 from Tom Campbell 1138 Holmes Avenue, Campbell. agenda item 2, Approval of Authorized Signatories for District Accounts at Santa Clara County and First Interstate Bank and Authorized Signatories for Safe Deposit Boxes including adoption of Resolution 95-04, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts; Resolution 95-05, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos), Resolution 95-06, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing of Payroll Checks for Payroll Checking Account (First Interstate Bank of California - Los Altos), and Resolution 95-07, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos). T. Henshaw seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item I - AgWintment of 1295 Board Committees (LR=rj R-95-09 N. Hanko voiced concerns over disbanding the ad hoc General Manager Evaluation Committee at this time. P. Siemens suggested the committee not be disbanded until after the General Manager's one year review. P. Siemens made the following appointments to the 1995 standing committees: M. Davey, T. Henshaw, and N. Hanko to the Legislative, Finance and Public Affairs Committee; W. de Wit, B. Crowder, and G. Babbitt to the Use and Management Committee; N. Hanko, G. Babbitt, and B. Crowder to the Acquisition and Enterprise Committee. Discussion concerning the Dog Committee resulted in disbanding the Dog Committee and combining it with the Use and Management Committee since the committee members were the same. P. Siemens announced he and N. Hanko will remain on the Picchetti Lease Committee; he will remain as the District's liaison to the Local Agency Formation Commission; and B. Crowder will continue to represent the District on the Bay Area Ridge Trail. He said he, W. de Wit and T. Henshaw will continue to meet with staff to discuss environmental education, noting this was not an ad hoc committee. Meeting 94-29 Page 3 Motion: B. Crowder moved that the Board not disband the ad hoc General Manager Evaluation Committee and approve the President's appointments to standing and ad hoc committees. T. Henshaw seconded the motion. The motion passed 7 to 0. T. Henshaw requested guidelines and direction from the Board regarding when committee meetings will be held, noting she had to miss several meetings of the Legislative, Finance, and Public Affairs Committee since the meetings had been held during regular working hours. C. Britton responded that staff will work with all committee members to schedule committee meetings when an committee members could attend. H. Haeussler commented from a public standpoint it would be much more convenient to have committee meetings scheduled before the Regular Board Meetings. Motion: G. Babbitt moved that the Board disband the Dog Committee and make it a Use and Management Committee assignment. B. Crowder seconded the motion. The motion passed 7 to 0. Motion: T. Henshaw moved that Picchetti Lease Committee and the ad hoc General Manager Evaluation Committee not be compensable. B. Crowder seconded the motion. Discussion: Discussion centered on the Board's previous action on this compensation matter at the December 14, 1994 meeting. N. Hanko cited the number of hours involved in the work of the Picchetti Lease Committee. The motion failed on the following 3 to 4 vote: Ayes: T. Henshaw, G. Babbitt, and B. Crowder. Noes: W. de Wit, M. Davey, N. Hanko, and P. Siemens. Motion: T. Henshaw moved that the Board approve the assignment of the annual volunteer recognition event to the Legislative, Finance, and Public Affairs Committee and the staff recognition event to the Administration and Budget Committee. B. Crowder seconded the motion. The motion passed 7 to 0. B. Agenda Item 3 - Approval for Continuing to Hold Closed Sessions Prior to the 7:30 P.M. Start of Regular Board M?&tings (R=jj R-25-11 Motion: M. Davey moved that the Board approve continuing to hold Closed Sessions prior to the start of the 7:30 P.M. Regular Meeting. T. Henshaw seconded the motion. The motion passed 7 to 0. Meeting 94-29 Page 4 C. Agenda Item 4 - Tentative Adoption of Propgsed Relative Site Emphasis Plan (Five-Year CaRiW Improvement for Development of District Preserves) and Use and Management Plan Target Review Schedule fQr 1295-1226 M=rt R- 95-17) R. Anderson reviewed the proposed 1995-1996 Relative Site Emphasis Plan by preserve. It was recommended that next year's chart show anticipated carry- over amounts for projects, as well as total project costs. B. Crowder recommended that the Use and Management Committee review the document prior to it being presented to the full Board next year. B. Crowder expressed concern over the $70,000 amount for the Rancho San Antonio shop building, noting that the project's costs had initially been estimated at $30,000. R. Anderson stated a consultant had helped prepare this year's estimate. N. Hanko stated her concerns that the south ridge parking lot project at Monte Bello Open Space Preserve had been moved to fiscal year 1997-1998 for planning and 1998-1999 for development. She questioned why the project was not scheduled for fiscal year 1995-1996. C. Britton noted staff is trying to work out a land exchange with the adjoining owners and that the land exchange is still in the discussion stage. N. Hanko and B. Crowder requested that the planning on the south ridge parking lot at Monte Bello Open Space Preserve be moved to fiscal year 1995-1996 and construction be moved to fiscal year 1996-1997. There was Board consensus to move the south ridge parking lot project forward. C. Britton responded staff will return with a modified plan showing what effects the move would have on other projects. B. Crowder expressed her concerns that the Windy Hill Portola Road parking lot and restroom project had been moved to fiscal year 1996-1997 for development and requested the project be moved forward to fiscal year 1995- 1996. C. Britton explained a consultant would have to be brought in or another project of equal importance would have to be dropped since, due to limited staff time and funding, the project could not be done earlier without consultant assistance or postponing other projects requiring staff time. Mgtion: B. Crowder moved that the Board examine what it would take to move the Windy Hill project a year earlier. W. de Wit seconded the motion. Discussion: N. Hanko voiced her belief that staff had tried to schedule a realistic calendar on the projects and the Board should accept staff's recommendations for this project. T. Henshaw said she would not support the motion. G. Babbitt said she supported staff's proposal. Meeting 94-29 Page 5 The motion failed on the following 2 to 5 vote: Ayes: B. Crowder and W. de Wit. Noes: T. Henshaw, P. Siemens, G. Babbitt, M. Davey, and N. Hanko. B. Crowder questioned the necessity of the demolition/sewage plant and Edmonds Road parking lot project at Pulgas Ridge Open Space Preserve as scheduled in fiscal year 1995-1996. C. Britton responded staff will review this project's priority status. P. Siemens suggested investigating grant possibilities for clean-up. S. Cochran said there is need for additional parking at this preserve particularly during docent led wildflower hikes. Motion: N. Hanko moved that the Board tentatively adopt the proposed Relative Site Emphasis Plan as amended and Use and Management Plan Target Review Schedule. G. Babbitt seconded the motion. The motion passed 7 to 0. D. Agenda Item 5 - Tentative Adoption of Proposed Preliminary Action Plan for the Implementation of the Basic Policy of the Midpoinsula Regional Q= Sp Ace Distrigt (LZ=rl R-95-18) Motion: N. Hanko moved that the Board defer consideration of this item to the February 8, 1995 meeting. G. Babbitt seconded the motion. The motion passed 7 to 0. E. Agenda Item 6 - Proposal to Champ, Nomingl ft& for DQgp—nt I_r_4ining (R=rt R-95-16) C. Bruins gave a report on the docent program and the costs which are incurred during training that include instruction and training materials. Motion: N. Hanko moved that the Board approve the following fees for docent training: $25 for spring training and up to $15 for fall training. G. Babbitt seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS C. Britton reported that 1) there will be a State of the District Address to staff on Friday, January 27, 1995 at 2:00 P.M.; P. Siemens and M. Davey said they would attend; 2) he received a letter from Willie Brown listing committee appointments; 3) he attended a Bay Area Ridge Trail Council meeting, noting the group met with San Francisco Mayor Frank Jordan to discuss the proposal to put the Ridge Trail through the San Francisco watershed; 3) the San Mateo County Alternative Funding Committee is considering a possible sales tax measure for parks, schools, and libraries; 4) the District was awarded $317,500 from the Land Water and Conservation Grant Fund for Saratoga Gap Open Space Preserve; and 4) the District is considering applying for disaster relief from FEMA for storm damages. Meeting 94-29 Page 6 B. Crowder said she had participated in the recent volunteer project at Pulgas Ridge Open Space Preserve. P. Siemens reported that he had met with Mr. Loren McQueen. W. de Wit reported that he, C. Britton, and M. Smith gave a presentation to the San Carlos City Council. M. Smith reported Rick Gazano of ADI, which makes hiking shoes, is interested in using the District in its advertising and that the District would receive $1 from every pair sold. N. Hanko reported Channel 36 has been airing the District's 20th Anniversary "Room to Breathe" public service announcement. C. Bruins asked the Board to set the date for volunteer and docent recognition event; May 21 was selected. J. Fiddes reported M. Foster requested that a Board member to be a part of the selection process for the new District auditors. M. Davey volunteered. VIII. REVISED CLAIMS B. Crowder asked if claim 7019 was for the fence construction at St. Joseph's Hill Open Space Preserve and R. Anderson confirmed that it was. She asked if claim 7062 was for the restroom projects at Purisima Creek Redwoods and Windy Hill Open Space Preserves which were approved by the Board. C. Britton replied that they were. Motion: B. Crowder moved that the Board approve Revised Claims 94-02. G. Babbitt seconded the motion. The motion passed 7-0. IX. ADJOURNMENT The meeting was adjourned at 10:12 P.M. Susan Dale Recording Secretary ( Claims No. 85-02 K8aeUnBB5-O2 � Ooba: Jen. 25. |995 REVISED K8|OPEN|NBULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7018 88.67 Ace Fire Equipment & Service Company Fire Extinguisher Service 7019 13'925.00 Anchor Fence Company Fence Construction 7020 201.10 AT&T Telephone Service � 7021 510.44 Bay Hydraulics, Inc. Equipment Repairs � 7022 3,260.00 Curtis Becker Construction Construction--Nature Center / 7023 247.46 Beck's Shoes, Inc. Uniform Expense � 7024 169.78 Matthew Bender & Company, Inc. Resource Documents 7025 223OO BiU'aTovving &� Recovery Towing Service � | ' � 7028 167.53 BT K & D Redwood Office Supplies 7027 88.60 CoUo Sign Company Signs | 7028 133.01 California Water Service Company Water Service � 7029 3'304.50 Chicago Title Insurance Company Escrow and Title Fees 7030 53.10 C|ark'mAuto Pmrto/K4mohinmShop Vehicle Parts | 7031 92.11 Sheryl Cochran Private Vehicle Expense / � 7032 248.00 ° Annette Coleman Reimbursement--Windows Installed 7033 71.43 Consolidated Plastics Company, Inc. Door K8ato-NotureCenter � | | 7034 2'146.84 Corporate Environments Furniture 7035 1.110.92 Design Concepts Design, Typesetting and Production | 7038 1'500.00 Dugan Associates Soil Sampling and Report | 7037 43.75 Federal Express Corporation Express Mail -038 3,869.00 First Bank Note' ' | 038 36'62 Foster Bros. Security Systems, Inc. Keys and Locks / 7040 15'26 C3andan|ond Power Equipment Equipment Repair 7041 96.33 Mary Private Expense' | 7042 344.19 Home Depot Field Supplies 7043 57.60 Jobs Available Advertisement 7044 58.18 Matthew Ken Reim burmernent -Fim|d Supplies 7046 111.60 Lab Safety Supply Inc. Field Supplies � � 7046 58.46 Langley Hill Quarry Base Rock � � � 7047 832.70 June Leg|er Geology Report � 7048 .1'182.50 Levinson Associates Training � 7048 150.00 Kenneth Miller Reirnbunyarnant-Tno|n|nQ 7050 717.80 K8inton'm Lumber f& Supply Field Supplies � 7051 175.00 Mountain View Chamber nfCommerce Reg imtrat|on-Buainemn Expo � 7053 28.00 National Notary Association Subscription 7053 317.35 Orchard Supply Hardware Field Supplies 7054 34'000.00 Orrick, Herrington & Sutcliffe Legal Servioaa-95 Note Issue 7055 1,152.61 Pacific Bell Tw|ebhone Service 7058 100.00 PIERS Environmental Services Environmental Audit 7057 59'93 Pi|aroitoa [1uerry Base Rock 7058 16.20 Pitney Bowes Credit Corporation Equipment Maintenance Agreement 7058 2'000.00 Postage byPhone Postage 7060 1,131'19 Quicksilver Printing Printing 7061 32.50 Rayne Water Conditioning Water Service ° Urgent chock issued on January 11, 1995. Page 1 � � Ckairnm95-O2 Meeting 95-02 � Date: Jan. 25. 1QQ5 � REVISED � K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Desch 7063 1'292.67 Roy'a Repair Service Vehicle Maintenance & Repairs � 7064 12.88 Russ Enterprises, Inc. Signs / 7065 98'78 8ofetyK|ean Solvent Tank Service � 7066 13,758'73 County ofSan Mateo Son Mateo Election Costs 7067 98'00 Service byMedallion Janitorial Services 7068 313.74 Shell Oil Company Fuel | 7068 89'00 SkiUpoth' Inc. Seminar Registration--M. Smith � | 7070 282.80 Smith Equipment Company Tractor Repair 7071 4,583.86 JonmSoke|a Consulting Services--Nature Center 7072 095.00 The Special District Board Management Registration--Mary Davey � | Institute Telephone Service | 7073 25.00 Sunnyvale K8ed|oa| Clinic Audiogrnrn 7(}74 1'238'47 Teater& Etc. Computerized Map Changes 7075 112.73 Treneoomn Vehicle Spotlight Replacement | | 7076 32.47 University Art Center Drafting Supplies � 7077 320.00 Valley Title Company Preliminary Report 17078 4.33 West Publishing Company Resource Documents | 7079 380.22 The Workingman's Emporium Uniform Expense � 7080 39.34 Yordbird Equipment Sales Equipment Repairs —081 5384 State Asbestos' | .UB2 377'00 Peter Path Consulting Services—G|S Research � 7083 209'09 Petty Cash Local and Out-of-Town Meeting Expense Field and Office Supp|iem, Docent and Volunteer Expenses, K8apo° Film and Private Vehicle Expense � ' Page 2 i Open Space -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-26 Meeting 95-04 February 22, 1995 AGENDA ITEM Exercise of Final Defeasance Option for Addition to El Corte de Madera Creek Open Space Preserve (Lands of Hosking) GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached resolution authorizing election of defeasance option for purchase of parcels 2 and 2A from Alan Hosking. 2. Reaffirm your intention to dedicate the property as public open space. DISCUSSION In 1985, the District entered into an agreement to purchase property in the Skyline area owned by Mr. Alan Hosking. The agreement called for the immediate purchase of only a portion of the entire 2,784 acres, with an option to purchase the remainder over a period of years. In 1986, under an amendment to that agreement, the District took title to an additional 889 acres, designated as parcels 2 and 2A, which would be subject to defeasance (return of the property to the owner) in 1995, if the District elected not to complete the purchase of this land area. Upon taking title, the propertywas incorporated into the reserve � P and temporarily closed to the public while a pre-existing logging contract was completed and safety hazards removed. This portion of the preserve has been open to hikers, equestrians, and bicyclists since 1989. Completing the purchase of this parcel will permanently protect a vitally important part of the preserve. The original agreement has since been modified by several other amendments approved by you, most notably the 1988 Second Amendment and the 1993 Bankruptcy Agreement. Under the current terms of the Agreement, the District must make notification by March 1, 1995 of its election to complete the purchase of the parcel, with final payment due August 15, 1995. The recommended action in this report will provide the required formal notification of the District's election to complete the purchase of parcels 2 and 2A and close the final chapter of one of the most complex acquisitions undertaken by the District. Completing the acquisition of Parcels 2 and 2A will conclude the purchase of the last of the contiguous Hosking land. These parcels are, perhaps, the best of the Hosking parcels. DESCRIPTION El Corte de Madera Creek Open Space Preserve is located within unincorporated San Mateo County west of Skyline Boulevard. The subject property represents approximately one-third 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton i \ � � � � [ . ` � © , � � . . � . . �� « . . \ � � . � I . . . . . . v . .� ��e . _ * < � � � � � :/} / � ?:\ / �j � . . .< �©� ate. � �/ }� � , ( � x .�: 95-26 Page 2 of the preserve and is bounded by Skyline Boulevard to the northeast and the open space preserve to the north, west, and south (see attached map). The northeast comer of the property is easily identified by the barnlike apartment building adjacent to Skyline Boulevard across from Bear Gulch Road. This property, along with the surrounding preserve, make up nearly all of the upper El Corte de Madera Creek watershed. There are a number of perennial and intermittent streams that drain westerly through the property. A central ridge bisects the parcel and is bracketed by the canyons of El Corte de Madera Creek. The property is located in a zone of moderate to moderately high landslide susceptibility. Generally, steeper slopes are more prone to landsliding. Several large and small slides are located on the slopes of the canyons and ravines, particularly in the southern portion of the site. Much of the property is vegetated with coniferous forest, dominated by redwood and Douglas fir trees. The ridge crests tend to contain more Douglas fir trees intermixed with tanoak and madrone with a brushy understory of huckleberry, manzanita, coyote brush, and poison oak. In the lower elevations, redwood predominates with varying amounts of Douglas fir, madrone, tanoak, and big leaf maple trees. The understory in the lower areas includes blue blossom, sword fern, and a variety of other herbs and grasses. There are a few areas where old growth trees, both redwoods and Douglas fir, have not been logged. Wildlife activity on the property centers on the creeks which provide breeding sites for the amphibians and a year-round cool moist atmosphere. The streams also support fish life, including steelhead trout and stickleback, a small non-game fish common in coastal streams. The suitability of the creeks for steelhead spawning is reduced by the debris of old logging activities and by the high silt load carried by the creeks. Many birds live on the site, including the red-tailed hawk. In addition to recent logging, the area was logged before the turn of the century, and in fact, played an important historic role in timber production in San Mateo County. Sawmills and shingle factories dotted the property when first growth redwood and Douglas fir was harvested. All of these sawmill structures have been destroyed or removed from the property; however, some collapsed wooden structures and plank bridges are reported to remain, as well as building foundations. Logging of the second growth trees began in the mid-1960s, continuing to the last logging operation which was completed in 1989. This was a selective cut operation which removed many of the larger trees. The 1987 operation'was a cable logging operation, uncommon to this area of the state. This type of logging uses a series of cables to remove logs from the steep side slopes. Along with the logging history, comes a legacy of logging roads which have provided an excellent trail system. The Gordon Mill Trail begins at Skyline Boulevard, one-quarter mile 95-26 Page 3 north of the barn area. The road follows an unnamed tributary of El Corte de Madera Creek southwesterly across the property for a distance of approximately 2.5 miles. At this point, the road forks southerly to join a road which parallels the southern boundary of the preserve and, following it easterly, exits the property on Bear Gulch Road. A second road intersects with the Gordon Mill Trail closer to Skyline Boulevard and climbs east where it exits the preserve along Bear Gulch Road at the intersection of Bear Gulch Road and Allen Road. The Timberview Trail is another major trail; it runs southwesterly along a ridgetop generally located in the center of the entire preserve. It connects with the Gordon Mill Trail to form a loop trail leading back to Skyline Boulevard. All of these trails are popular with bicyclists, hikers, and.equestrians. Organizations such as ROMP and the Sierra Club have increased the popularity by leading outings on this portion of the preserve. Patrol access to the property has been possible from Skyline Boulevard at both the Methuselah Trailhead and Gordon Mill Trailhead. The roads are gated with District-style pipe gates. Parking is available for about seven vehicles at the roadside pullout opposite the Methuselah Tree, with a similar number of spaces available on the east side of Skyline Boulevard. Approximately three vehicle spaces are available at the gated patrol entrance to the property at the Gordon Mill traiffiead located in the eastern comer of the property. Developed on-site parking has been proposed on this property to serve the entire preserve. The location selected is in the vicinity of a former corporation yard, adjacent to the barn area. It is a large, relatively flat area, easily accessible from Skyline Boulevard, and adjacent to an employee residence for off-hours surveillance. The main improvements on the property are located in what is referred to as the barn area and consist of a 4-unit apartment complex (a converted barn) and several outbuildings. The District reserves one unit in the apartment complex as an employee residence. In addition, a ranger from the, California Department of Fish and Game has'been living in a second unit since 1986, acting as a service caretaker and helping the District ranger staff in patrol of the property. USE AND MANAGEMENT Planning Considerations The property is located within unincorporated San Mateo County and it is designated a Timber Production Zone. The northeasterly portion of the site lies within the County's Skyline Scenic Corridor,,designed to protect the natural integrity of the Skyline Scenic Highway. The property received a variety of ratings for its open space value on the District's Master Plan, ranging from high along Skyline Boulevard in the eastern portion of property to moderate along the creek corridors and low in the steeper, more remote areas of the property. 95-26 Page 4 The primary staging area for the property could be located in the area north of the barn building. Trail connections both within the property and with adjacent or nearby parks and preserves make this an attractive portion of the preserve. The property is within easy walking distance of the California Hiking and Riding Trail, which is parallel to the east of Skyline Boulevard. This trail extends 20 miles from San Bruno to Portola Valley, connecting with two San Mateo County parks, Huddart Park north of the site and Wunderlich Park on the south. The Bay Area Ridge"Trail overlays the California Hiking and Riding Trail east of the preserve and is planned to cross through the property to the southern portion of the preserve and on to La Honda Creek Open Space Preserve. The District's 2,511 acre Purisima Creek Redwoods Open Space Preserve is located approximately one-quarter mile to the north of the property and is separated by private lands. Directly across from the property east of Skyline Boulevard are 1,200 acres of watershed lands owned by the California Water Service Company. Interim Use and Management Plan The Interim Use and Management Plan for the site was adopted September 13, 1989. Accommodating equestrian access, removal of interior gates associated with the logging operation, and restoration of bridge across El Corte de Madera Creek were specific projects that have been completed. Trailhead entrances and interior trails are signed for public trail use. Off-road bicycle use is moderate to high and has resulted in a number of management concerns. The property is patrolled on a regular basis and a ranger resides on the property. Staff is working with a public task force to resolve trail use conflicts and formulate a trails plan. The trails plan will be incorporated into the Comprehensive Use and Management Plan scheduled for your review in Fall 1995. Terms At your meeting of January 13, 1988, you approved the second amendment to the 1985 Hosking Agreement. That agreement provided for the acquisition of fee title to parcel 2 and 2A (888.6 acres), subject, however, to the District's decision to retain the parcels and complete the purchase by August 15, 1995. Notification to Mr. Hosking of the District's decision to retain the parcels and complete the purchase is due on or before March 1, 1995. The terms and costs are outlined below. In anticipation of the need to make minor modifications to the allocation costs and credits and distribution of notes, a more detailed analysis will be prepared for your consideration prior to the close of escrow. The base amount under the original Second Amended Agreement provided that the purchase price as of August 15, 1995 was to have been $8,291,000 for parcels 2 and 2A. At the meeting of December 8, 1993, you approved a Bankruptcy Agreement which, among other things, clarified the credits due to the District as off-sets to the purchase price for these two 95-26 Page 5 parcels. Under the Bankruptcy Agreement, the base amount has been reduced by $2,030,869 as a result of credits due the District from Hosking for a final purchase price of$6,260,131. Because the credits due the District exceed the required cash down payment, the entire amount would be payable in the form of 15-year fully amortized notes bearing an interest rate of 8%. Since this entire purchase will be in the form of notes, which are subordinated to the District's public note issues, no additional cash payment is required by the District. Controller M. Foster advises that this additional debt falls within the District's statutory limitations, and the debt service payments can be accomplished in future years' budgets based upon current income projections and continued prudent management of District budget and expenditures. If the District does not notify Hosking of its election to retain these parcels by March 1, 1995, then Hosking may demand an election. The District must respond within 14 days of the demand or the District will be deemed to have elected not to retain the parcels. If the District elects = to retain the parcels, the District is obligated to reconvey them to Hosking within 10 days of that decision and to support development proposals up to 46 units. In order to fulfill the agreement to support development, the District could be required to act as co-applicant so that other former Hosking parcels could be included in determining the development density of the parcel returned to Hosking. If the District reconveys the parcels to Hosking, the amounts Hosking owes the District would become a lien on those two Pam' Additionally, some of the most accessible and usable portions of the preserve would be lost forever to development. Prepared by: Del Woods, Senior Planner Diane Blackman, Research Attorney Contact Person: L. Craig Britton, General Manager PROPOSED ADDITION TO THE EL CORTE DE MADERA OPEN SPACE PRESERVE •,� `.•.D _ - �.......- T Ft`, abs, y1"`-�E-,. 4 ♦ �...1 .'' '•�,.,�f �`k ti\ � i ♦ t f`_-�. !.r'r` _b%/�r 4 HUDDART PARK PURISIMA CREEK REDWOODS - OPEN SPACE PRESERVE � ��� ♦• ` ,'F f i ' �(.�r�. '"♦f ..'"���. } ,,„..:` ��:3 I � i`.wit'/ �� t f �/ir � .i�t/'1L�-i ..\.\ �,� /(�/� 1 -. € ,fit.. 't' t� S, -\ - f t .'swat �'-��.:_/r.-"-. .�.�� ` ♦� �^�.. � �: .� /� tr• i �� � Ifi E� 1�� f <� f Ef r � \ �`\� 1/, '�-.^ E s •v-' � ��•`����',-��♦��.��•--��t r� [�� �f; r /terr^e'-�i f:�i t F 7 ;`.t .), `,> `\� �� ('''��Hfft ,` �, �\� - •f �(` `-'���J�`�l1�a4 � �4: .�.�, s ♦G�J r � !r — t--r'.fi \, �-, t f r. Q.. � �^`: lr,/'� JPRIVATE PROPERTY r SKYLINE BOULEVARD, r� ,f..{ /� I 1.t,.,_ ✓I I-.fir, _ � �""N `� `�,,4� '� `� \ ~` E' r v ) � ... HIKERS AND RUNNERS /� �`=� o: :Q`� I.. ONLY ON TRAIL TO --- zoo ' tl _ i 1 t�C 4 �. SANDSTONE FORMATION. 1^�- \,� ■R^` - fiJ`�' C"� �(CM01))4 -!/ f ��� � I J 1 `J y. �'�-�••\`1.�'�� `"'���.�.✓• s..I '..�.E•�r.,� ..��f 1'`'._S ` / t r' r SANDSTONE FORMATION SKEGGS POINT \ 0.6 MI. �0.8 MI.. 'CLOSED AREA-� `4 ��'•, '�.= : METHUSELAH TRAILHEAD (CM02 � ` ROADSIDE PARKING AVAILABLE ia ,t �r VISTA POINT:, ` T- < 7 ti 'Ij,:\ i} p MI. \\ .-,' GORDON .+GGORD�✓ONIMILL 0.8 MI. TRAILHEAD (CM �� 3) FABLEL }fit, irT} (CM10)_ WUNDERLICH PAR -lr tt{ 0. € , (CM05) 1.5 Mi. o ~ e°°` p FLAWRENCE CREEK 0.5 Mi. � TRAILHEAD (CM06) LA W R N •' �� ' '� ' t ,00 CE CREEK TRAIL _ ~��� •ln • � ` yi? `" Q_�\ `t �n `E F 3. t....t' � 'r IJ ♦�,t _ , �/ f \;F \ � � r t ���`�- I LA HONDA CREEK M November 1994 ` e' E _; OPEN SPACE PRESERVE) = u. F ""�, ,_,�.•-.__ t a \`4 .t t,r • R`6` �, ` � J-t it E Z}r- .,, t RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXERCISE OF FINAL DEFEASANCE OPTION, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF QUITCLAIM TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF T'I� TRANSACTION (EL CORTE DE MADERA OPEN SPACE PRESERVE - LANDS OF HOSIONG) 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 exercise the final defeasance option contained in that certain Second Amendment to 1985 Hosking Transaction between Alan Hosking and the Midpeninsula Regional Open Space District, as accepted and executed by the President on behalf of the District on January 13, 1988. Two. The President of the Board of Directors or other appropriate Sectionwo ppriate officer is p authorized to execute a Certificate of Acceptance on behalf of the District. f District shall cause to be given The General Manager o the s Section Three g g appropriate notice of election to exercise said final defeasance option to the seller. The General Manager further is authorized. to execute any and all other docum ents in escrow necessary or appropriate to the closing of the transaction. SectionF . The General Manager of the District is authorized to expend up to $20,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. F Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$6,260,131 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. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-22 Meeting 95-04 February 22, 1995 AGENDA ITEM Proposed Addition of Bartkowski et al. Property to El Sereno Open Space Preserve GENERAL MANAGER'S RECOMMENDATION fQt���� 1. Adopt the attached resolution authorizing purchase of the Bartkowski 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 El Sereno Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) The 40-acre Bartkowski et al. property is located adjacent to El Sereno Open Space Preserve approximately two miles southwest of Saratoga. A portion of Sanborn Skyline County Park, referred to as the Stuart Camp area, adjoins the property to the north. The site is bounded by District land to the south and private property to the east and west. Villa Montalvo Arboretum is located approximately one-third mile to the north. Joint planning efforts between the Santa Clara County Parks Department and the District have identified a regional trail corridor connecting the Arboretum to Sanborn Skyline County Park and El Sereno Open Space Preserve through the property proposed for acquisition. The terrain is generally very steep and forms an important part of the upper reach of San Tomas Aquinas Creek watershed. For the most part, the site is densely wooded with a forest of Douglas fir, tanoak, and bay laurel. The site is undeveloped and access is limited to overgrown trails. Views from the property into the San Thomas Aquinas Creek canyon and the prominent ridge on El Sereno Open Space Preserve help to create a remote feeling in the otherwise developed hillside neighborhood of Bohlman Road. The property, like much of the preserve, is valuable scenic backdrop for the communities of Monte Sereno, Saratoga, and Los Gatos. USE AND MANAGEMENT Manning Considerations The property is rated in the District's Open Space Master Plan as having high composite open space values and is important in terms of habitat preservation, protection of scenic 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-95-22 Page 2 resources, and potential outdoor recreation. The property is in an unincorporated area of Santa Clara County and zoned Hillside. requiring a 20-160 acre minimum lot size dependent upon slope density. A regional trail is proposed in this area to connect from Villa Montalvo Arboretum to Sanborn Skyline County Park and El Sereno Open Space Preserve. Prei_iminary Use and Managemgnt Recommendations Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to El Sereno Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. Public Safety Review: There are no known hazards. TERMS The District has been offered an opportunity to purchase this trail corridor property for $237,500 on a bargain sale basis; the appraised value of the property is $510,000. District staff has approached the Santa Clara County Park and Recreation Department and requested County financial participation in the acquisition. The purchase contract stipulates that the District.may buy the property without County participation, but is not obligated to do so. It further states that the status of County participation must be determined by March 15, 1995. If the County elects not to participate in the acquisition, the District may terminate the contract without penalty. In such an event, staff would return to you for a final i lion it would still n Assuming County 'c non the status of the acquisition. ss determination acq g ty participation,, be necessary to return to you for approval of an agreement with the County to consummate the terms and the cooperative effort. Prepared by: Merwin A. Mace, Acquisition Consultant Del Woods, Open Space Planner Contact Person: L. Craig Britton, General Manager -- ---•--�--� - _� • T_.�- Q _ :� L� .. ill. - �"� Y� �•• ' \ ;_ . '. : /• • ,; •, J: • L z1� '� �'• <; 'a• °` LEGEND all OPEN SPACE PRESERVE `'� 'r.`.�'. • ' a OTHER PUBLIC LANDS sA VILLA MONTALV �• r ,� ` . w - "� s r ARBORETUM Z im n aA Q • DA t Ti nk es COUNTY OF SANTA CLARA ,I �- H•��4 ; l STUART CAMP AREA >` \ � - • � ' �' "�_� �` �. �. ' ACQUISITION. / `�' '40 ACRES �/ �• `• . (BARTKOWSKI ET AL. F PROPERTY) n oo - _ a - � It � �`- :/ r• •o,. - � �l6et�F s � t �� r�k EL I ah f OPEN SPACE PRESERVE J h t COUNTY SANBORN SKYLINE COUNTY PAR �:w � a'e�, !� F entlal `.t•h 11 , K t ` February 1995 , (�•�_ \ — � ° 1. � ..Guard .. . (���/•.: PROPOSED ADDITION OF BARTKOWSKI ET AL. PROPERTY TO EL SERENO OPEN SPACE PRESERVE Scale: 1 " = 2,000' - oll _ RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LANDS OF BARTOWSKI 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 Bargain Sale between Clark R. Bartowski 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 of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, site clean-up, and other miscellaneous costs related to this transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$237,500 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. all PURCHASE AGREEMENT - BARGAIN SALE This Agreement is made and entered into by and between by and between CLARK R. BARTKOWSKI and JEAN P. BARTKOWSKI, Trustees of the Bartkowski Family Trust dated August 25, 1994, and RICHARD VOSS and DENISE VOSS, husband and wife, hereinafter collectively 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, 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, in conjunction with the County of Santa Clara ("County"), District proposes 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 said property to District, at a price below fair market value, and 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, State of California, containing approximately 40 acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel No. 517-16- 006; said property being further described as ParcelsTwo and Three in Preliminary Title Report Number 205746, dated March 16, 1994, from Valley Title Company, said title report attached hereto as Exhibit "A" and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property." 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Two Hundred Thirty-Seven Thousand Five Hundred Dollars ($237,500.00), which shall be paid in cash at the Closing (as defined in Section 3 hereof). t i ry 7 f 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San Jose, CA 95113, telephone number (408) 292-7150, 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 as soon as possible after execution of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis, but in no case later than May 16, 1995, 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. Seller acknowledges that District may acquire the Subject Property on a joint basis with the County of Santa Clara as set forth in Section 5 herein. At District's sole discretion, and at no cost to Seller,District may instruct Seller to prepare Grant deed(s) granting a portion or all of the Subject Property to District and/or a portion or all of the Subject Property to the County as described in Section 5. (d) District and/or County shall deposit into the escrow, on or before the Closing: (i) The required Certificate(s) of Acceptance for the Grant Deed(s), duly executed by District and/or County and to be dated as of the Closing. (ii) The Purchase Price in the amount of Two Hundred Thirty- Seven Thousand Five Hundred and No/100 Dollars ($237,500.00). 2 L (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherw'ise 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 Valley 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 $237,500.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes; (ii) title exceptions 1, 2, 3, 5, 6, and 11 shown in Exhibit A; (iii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole, absolute and unfettered discretion; (iv) the standard printed exceptions of the title company selected for this transaction; and (v) District acknowledges that title insurance will not be issued for Parcel 3 of the property (easement). District is aware that Seller has not undertaken a survey of the property, and District is responsible for a survey if District desires to determine the precise property line locations. (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(s) and attendant Certificate(s) of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Conditions Precedent. (a) Seller understands that District proposes to complete purchase of the Subject Property on a joint basis with the County of Santa 3 1 r Clara; and further, Seller agrees that District acquisition of the Subject Property shall be contingent, at District's option, upon approval of an Agreement between District and the Board of Supervisors of the County of Santa Clara to acquire the Subject Property on a joint basis. Accordingly, District's obligation to consummate the purchase of the Subject Property is subject to the written approval by the Board of Supervisors of Santa Clara County no later than 11:59 p.m. on March 15, 1995 of an agreement or resolution to acquire the Subject Property on a joint basis with the District upon terms and conditions acceptable to the District, in its sole discretion. (b) If the condition set forth in this Section 5(a) fails to occur, District shall have the option, but not the obligation, of waiving the condition b delivering i erin g g Y g to Seller and Escrow Agent by April 16, 1995 written notice of such waiver. Absent such notice, this Agreement shall terminate and neither party to this Agreement shall have further obligation hereunder to the other and the Escrow Agent shall return to each party any funds or documents delivered to Escrow Holder by such party. (c) District understands that Seller's willingness to sell the Property at the price and on the terms and conditions contained herein is contingent upon a legal and accounting review to be prepared for Seller by parties of Seller's choice and at Seller's cost. When the Santa Clara County Park and Recreation Department Acquisition Committee has formally recommended approval of the acquisition of the Property on a joint basis with the District, District shall so notify Seller in writing. Seller shall then have a period of fifteen days (15) after the date of said notification by District to complete any legal or accounting review they wish to conduct. Seller shall then have the option to terminate this Agreement, by delivering to District within that fifteen day period written notice that Seller has elected to terminate this Agreement pursuant to this section. Termination shall be handled in accordance with Section 4 herein. 6. Leases or Occul2ancy 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 2gq. Seller understands and agrees that the.provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 7. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties which shall survive close of escrow, each of which is material and is being relied upon by District: 7.01 Authority. Seller has the full right, power and authority to enter 4 K r into this Agreement and to perform the transactions contemplated hereunder. 7.02 Valid and Binding Agreements. This Agreement and all other documents delivered Bred b5 � Selle r r to District now g have or at the Closing h e been or will be duly authorized and executed and delivered by Seller and are legal, valid and bindingobligations of Seller sufficient to convey one to District the Subject Property Y l p tY described therein, and are enforceable in accordance with their respective p e 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. 7.03 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. District acknowledges that title insurance will not be issued for Parcel 3 of the property (easement). 8. 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. 9. Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs), benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that: (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. ( iii Seller has not received oral or written notice from any government authority concerning the presence, release, deposit, or removal of any hazardous substance on the Property. . P 5 _e t i (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 Propert y. i However, under no circumstances shall h 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. 10. 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, and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted from Seller thereunder. 11. Miscellaneous Provisions. 11.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. 11.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the 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 6 of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 11.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 11.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Clark R. and jean P. Bartkowski Richard and Denise Voss c/o Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 (408) 253-2512 FAX: (408) 257-4614 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 FAX: (415) 691-0485 Copy To: Susan Schectman, Esq. District Counsel If sent by telegraph, cable, telecopy and other facsimile transmission, a confirmed copy of such notice shall 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 indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such 7 1 communications by giving notice thereof to the other parties in conformity with this Section. frothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 11.06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 11.07 Countergarts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 11.08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 11.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 11.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 11.11 Survival of v Co enants. All covenants of District o Seller r S ll r -which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 11.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 8 11.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 11-14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 11.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 11.16 Cations.p Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 11-17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 12. Accel?tance and Execution. Provided that this Agreement is signed by Seller and returned to District on or before 5:00 p.m., December 16, 1994, District shall have until midnight January 31, 1995, to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close in accordance with the terms and conditions set forth herein. 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. �NIIDPENINSliLA REGIONAL OPEN SELLER SPACE DISTRICT APPROVED AS TO FORM: Clark R. Bart owski, stee Susan Schectman, District Counsel Date: 1Z- 19 - ?4- RECOMMENDED FOR APPROVAL: Jean P. Bartkowski, Trustee L. Craig Britton Date: General Manager APPROVED A-N'D ACCEPTED: Richard Voss President, Board of Directors Date: /,2 ATTEST: Denise Voss District Clerk Date: Date: 10 Open Space ` 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 30, 1994 John E. Kolski Stevens Creek Quarry 12100 Stevens Canyon Road Cupertino, CA 95014 Re: Purchase Agreement - Bargain Sale Dear John: When signed by Clark R. Bartkowski and Jean P. Bartowski, Trustees, and Richard Voss and Denise Voss, this letter will amend subject Purchase Agreement - Bargain Sale to substitute February 8 , 1995 for January 31, 1995 in Section 12 thereof. Sincerely, Bucky Mace Real Property Consultant Date: ¢ —� 5 G L l Clark R. Bartkows , Trustee Date: ,Jean P. Bartkowski, Trustee Date: Richard Voss Date: ��- Denise Voss 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board or Directors:Pete Siemens,Robert,tilcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton VALLEY TITLE COMPANY PRELIMINARY REPORT X=300 South First Street-San Jose,95113(408)292-7150 -2160 South Bascom Avenue,Ste.3-Campbell,95008(408)371-7891 -605 Castro Street-Mountain View,94040(415)968-4427 - 10625 South De Anza Boulevard-Cupertino,95014(408)253-7630 -2354 Alum Rock Avenue-San Jose,95116(408)251-8500 ESCROW NO. 205746 (PB) Dated as of March 16 , 1994 at 7:30 a.m. in the event of cancellation,a minimum charge of$200.00 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue orcause to be issued,as of the date hereof,a Policyor Policies of Title Insurance describing the land and the estate or interest therein hereinafterset forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.Copies of the Policy forms should be read.They are available from the office which issued this report. THIS REPORT(AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TOTHE ISSUANCE OFA POLICYOFTITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: standard Extended Coverage Coverage 1. California Land Title Association Standard Coverage Policy 2. American Land Title Association Owner's Policy E= 3. American Land Title Association Residential Title Insurance Policy 4. American Land Title Association Loan Policy 5. Other �� EXHIBIT q Pale Y f�� 03-16-94 205746 page 1 SCHEDULE A 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED REPORT IS: R EP TO COVERED BY THIS E A Fee, as to Parcels One, Two, Four and Five; An Easement, as to Parcels Three, Six and Seven 2 . TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CLARK R. BARTKOWSKI and JEAN BARTKOWSKI, husband and wife, as community property, as to an undivided 50$ interest; and RICHARD VOSS and DENISE VOSS, husband and wife, as community property, as to an undivided 50% interest 3 . THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS: page) (Coat d on nextp g ) EXHIBIT Page of� 205746 page 2 PARCEL ONE: A portion of the Southwest 1/4 of the Southwest 1/4 of Section 13, Township 8 South, Range 2 West, M .D.B . & M. , described as follows : BEGINNING in the center line of Bohlman Road at the South line of said Section 13; thence from said point of beginning along said center line, the following courses and distances: N. 13 deg. 07 ' 31" W. 60 .16 feet; thence on a tangent curve to the left with a radius of 390 feet, through a central angle of 15 deg. 13 ' 32" , for a distance of 103 . 66 feet; thence N . 28 deg . 21 ' 03" W. 12 .72 feet; thence on a tangent curve to the right with a radius of 90 feet, through a central angle of 44 deg . 15 ' 550 , for a distance of 69 .53 feet; thence N . 15 deg . 54 ' 52" E . 3 .19 feet; thence on a tangent curve to the right with a radius of 240 feet, through a central angle of 23 deg . 04 ' 43" , for a distance of 96 . 67 feet; thence N. 38 deg. 59 ' 35 " E . 56 .59 feet; thence on a tangent curve to the right with a radius of 270 feet, through a central angle of 16 deg . 43 ' 170 , for a distance of 78 .80 feet; thence N. 55 deg. 42 ' 52" E . 58 . 35 feet; thence on a tangent curve to the left with a radius of 75 feet, through a central angle of 56 deg . 05 ' 53" , for a distance of 73 .43 feet; thence N. 00 deg . 23 ' 01" W. 117 . 60 feet; thence on a curve to the right with a radius of 100 feet, through a central angle of 47 deg. 28 ' 23" , for a distance of 82 .85 feet; N . 47 deg . 05 ' 22" E . 63 .50 feet; thence on a tangent curve to the left with a radius of 60 feet, through a central angle of 60 deg . 37 ' 04 " , for a distance of 63 .48 feet; thence N . 13 deg . 31 ' 42" W. 7 .13 feet; thence on a tangent curve to the left with a radius of 240 feet, through a central angle of 21 deg . 241 , for a distance of 89 .64 feet; thence N. 34 deg . 55 ' 42" W. 134 . 89 feet; thence on a tangent curve to the right with a radius of 75 feet, through a central angle of 51 deg. 11 ' 160 , for a distance of 67 feet; thence N. 16 deg. 15 ' 34" E . 2 .69 feet; thence on a curve to the right with a radius of 90 feet, through a central angle of 45 deg. 54 ' 59" , for a distance of 72 .13 feet,- thence N . 62 deg . 10 ' 33" E . 327 .47 feet; thence on a tangent curve to the left with a radius of 80 feet to the South line of the parcel of land described in the Deed to Frank Smith, recorded December 30 , 1910 in Book 359 of Deeds, page 637; thence along said line and along the South line of the parcel of land described in the Deed to Frederick Ruhlmann, recorded December 1 , 1888 in Book 113 of Deeds , page 7-7 , Easterly to the East line of the Southwest 1/4 of the Southwest 1/4 of said Section 13; thence Southerly along said line to the South line of said Section 13; thence t t t t h nce Westerly along said line o he point of beginning . (Cont d on next page) EXHIBIT A Page-J.:of� 205746 Page 3 EXCEPTING THEREFROM: An undivided 1/2 interest in all mineral rights and oil , gas and petroleum rights in and to and appurtenant to said real property and under the same, together with necessary easements for exploration and development of such rights ; such exploration, development and use of said rights and easements shall not unreasonably interfere with the enjoyment of the surface rights of said property by grantee or his successors and may only be so exercised or used by Grantor or his successors jointly with Grantee or his successors, as excepted and reserved in the Deed from Victor A. Chargin recorded January 18, 1957 in Book 3710 of Official Records , page 47 . PARCEL TWO: The Southeast one-quarter of the Southwest one-quarter of Section 13, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, according to the United States Government Survey thereof . (WE NOTE, BUT A POLICY OF TITLE INSURANCE WILL NOT INSURE: ) PARCEL THREE: A right of way 40 feet wide for a roadway, pipe line and pole line through the Southeast one-quarter of Section 13, Township 8 South, Range 2 West, Mount Diablo Base and Meridian and Lot 34 of the Glen Una Ranch Map No. 2 , as recorded in the office of the Recorder of the County of Santa Clara, State of California in Book F of Maps , pages 53 and 54 ; together with a right of way over a 20 foot right of way through the General Morton Property, as reserved and further described in the Deed and Agreement dated March 4 , 1915 between G . W. Hume Company, a corporation, part of the first part, and Una H. H. Cool (formerly known as Una H. Fiume) and Dorothy Hume, parties of the second part, and recorded June 15, 1915 in Book 431 of Deeds, page 199 , Santa Clara County Records; or a right of way 40 feet wide to run in a Northeasterly direction to the San Tomas Aquino Creek and to follow the meanderings of said Creek to its intersection with Canon Road, or a right of way 40 feet wide through the Southeast quarter of Section 13, to and across Lot 34 of Glen Una Ranch Map No . 2, to connection with Glen Una brive or its i (Cont 'd on next page) EXHIBIT_�� P. Page�ofj dt . 205746 page 4 extension, as shown on said Map No . 2 of Glen Una Ranch . The location of the right of way to be determined by feasibility; all as granted by H. B. Finch Shaw, formerly E . B . Finch and Erle J . Shaw, her husband, to J. B . Clayton, by Deed dated December 23, 1926 and recorded January 3, 1927 in Book 293 of Official Records, page 86, Santa Clara County Records . PARCEL FOUR: BEGINNING at a point distant N. 630 48 ' W. , 441 .40 feet from an iron bolt set flush at the Southeasterly corner of Lot 34 of Glen Una Ranch Map No . 2 , as shown upon the Map thereof hereinafter referred to, and from which point of beginning a two inch pipe set at one of the angle points in the Southerly line of said Lot 34 bears S. 50 33 ' W. , 41 .50 r, feet; and running thence from said point of beginning N . 250 04 ' W. , 33 .04 feet to an iron pipe "A" ; thence at right angles Easterly N. 640 56 ' E . 60 .00 feet to an iron pipe "B" ; thence at right angles Southerly S . 25° 04 ' E . , 34 .00 feet to an iron pipe "C" ; thence S. 210 00 ' W. 42 .54 feet; thence at right angles Westerly along a line parallel with the Southerly line of said Lot 34, N. 690 00 ' W. 42 .31 feet to the point of beginning, and being a portion of Lot 34 , as laid down, designated and delineated upon that certain Ma entitled Ma o of the W.S .P P . P N 2 Clayton, J.R. Chace, E . Shillingsburg and J.P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18, T. 8 S. R. 1 W. & 2 W. , M.D .B & M. , Map No . 2 being in Sections 7 & 18, T. 8 S.R. 1 W. , and Sections 13 T. 8 S .R. 2 W. , M.•D .M. " and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 1921 in Book "P" of Maps , at pages 53 and 54 . PARCEL FIVE: BEGINNING at a harrow tooth set four inches below the surface of the ground in the center line of West Canyon Road (40 feet wide) at the Southwesterly corner of that certain 1 .18 acre tract of land conveyed by Montgomery W. Hawks, et ux, to Patrick Hallisy, et ux, by Deed dated June 19 , 1945 and recorded June 22, 1945 in Book 1265 of Official Records, page 317 , Santa Clara County Records, and from which point of beginning a 2" x 3" witness stake bears East 11 .24 feet, said point of beginning being also one of the corners in the Southeasterly line of that certain 10 .34 acre tract of land conveyed by Montgomery W. Hawks, et ux, to J . Walter Crider, et ux, by Deed dated July 26, 1945 and recorded August 2 , 1945 in Book 1274 of Official Records , page 457, Santa Clara County (Cont'd on next page) EXHIBIT A Page of��--/-. 205746 page 5 Records ; running thence from said point of beginning along the Southeasterly line of said 10 .34 acre tract of� land, S . 710 06 ' W. , 51 .00 feet to an iron pipe standing at the Northernmost corner of that certain 0 . 0668 of an acre tract of land described as an exception in the Deed from James A. Clayton & Company, as Trustee, to Montgomery W. Hawks , et ux , dated August 8 , 1944 and recorded August 16, 1944 in Book 1211 of Official Records , page 237 , Santa Clara County Records; thence Southerly along the Easterly line of said 0 .0668 of an acre tract of land the two following courses and distances: S. 25 ° 04 ' E . , 34 .00 feet to an iron pipe and S . 210 00 ' W. , 42 .54 feet to an iron pipe standing at the Southernmost corner of said 0 .0668 of an acre tract of land; thence leaving said 0 .0668 of an acre tract of land and running Southeasterly along the prolongation Southeasterly of the Southwesterly line thereof, S . 69° 00 ' E . ,57 .89 feet to a harrow tooth set in said center line of said West Canyon Drive ; and thence Northerly along said center line of said West Canyon Drive and two following courses and distances: N . 120 48 ' W. , 34 .00 feet to a harrow tooth and N . 10 57 ' E . , 74 .52 feet to the point of beginning, and being a portion of Lot 34, as laid down, designated and delineated upon that certain Map entitled, , "Map No . 2 of the W.S . Clayton, J.R. Chace, E . Shillingsburg and J .P . Dorrance Subdivision of part of the Glen Una Ranch in Sections 7 , 13 and 18, T. 8 S . R. 1 W. & 2 W. M.D.M. , Map No 2 being in Sections 7 & 18, T. 8 S . R. 1 W. , and Section 13, T. 8 S.R. W. M.D .M. , and which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on February 9 , 19.21 in Book "P" of Maps , at pages 53 and 54 . PARCEL SIX: A right of way over West Canyon Drive (40 feet wide) the center line of which is described as follows : Beginning at an iron pipe set flush in the center line of Canon Drive distant thereon N. 100 16 ' E . , 20 .36 feet from a bolt set flush at the Southeasterly corner of the above mentioned Lot 34; running thence from said point of beginning Northwesterly and parallel with and distant 20 .00 feet measured at right angles Northeasterly from the Southwesterly line of said Lot 34, N . 690 00" W. , 296 .45 feet to a harrow tooth set four inches below the surface of the ground; thence leaving- said parallel line and running N. 410 52 ' W. , 43 . 85 feet to a harrow tooth; N. 12° 48 ' W. , 34 .00 feet to a harrow tooth and N . 1° 57 ' E . , 74 .52 feet to a harrow tooth set at the Northernmost corner of the above described 0 .0852 of an acre tract of land . (Cont ' d on next page ) i EXWIBIT Page-IokjA- 7T—"O 205746 page 6 PARCEL SEVEN: The free and unobstructed right of ingress and egress over , along and upon said strip of land known as West Canyon Drive for the purposes of repairing, replacing and maintaining the water pipe lines located within the boundaries thereof , EXHIBIT Paze -t-:0ft!V 205746 page 77 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . Taxes for the fiscal year 1994-1995 a lien, but not yet due or payable . 2 . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 .5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 3 . Reservations contained in Patent from The United States of America to Charles B . Wood, recorded September 23 , 1879 in Book C of Patents, page 166, as follows: "Subject to any vested and accrued water rights for mining, agricultural , manufacturing, or other purposes, and rights to ditches and reservoirs, used in connection with such water rights , as may be recognized and acknowledged by the local customs, laws, and decisions of court, and also subject to the rights of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. " 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement) Purpose: road purposes Recorded: November 14 , 1884 Book 76, Page 172 of Deeds . Affects : that portion of the premises contained within the bounds of Bohlman Road, 60. feet wide . (Affects Parcel One) (Cont ' d on next page) EXHIENT. Page 205746 Page 8 5 . An easement affecting a portion of said land and for the purpose stated herein and incidental purposes . The exact location of which cannot be ascertained of record . In favor of: J . B. Clayton For : roadway, pipeline and pole line, 40 feet wide Recorded: January 3, 1927 Book 293 , page 86 of official Records . (Affects Parcel Two) 6 . Possible underground water pipe lines as disclosed by that certain Deed to J .B . Clayton recorded on June 24, 1919 in Book 487 of Deeds , page 592 . The location is not disclosed of record . 7 . An easement for the purpose shown below and rights incidental thereto as reserved in a document . In favor of: James A. Clayton & Company Trustee (No representation is made as to the present ownership of said easement) Purpose: water pipe line Recorded: August 16, 1944 Book 1211 , Page 237 , of official Records . Affects: Parcel Five 8 . Covenants , conditions and restrictions, with no express words of forfeiture, (deleting therefrom any restrictions based on race, color or creed ) , as set forth in the document Recorded: November 2, 1944 Book 1230, Page 83, of official Records . (Affects Parcels Four and Five) Reference is made to said document for full particulars . Said covenants , conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value . (Cont'd on next page) EXHIBIT -A'..', Page J-12P # / 205746 page 9 9 . An easement for the purpose shown below and rights incidental thereto as reserved in a document . In favor of : Montgomery W. Hawks , et ux (No representation is made as to the present ownership of said easement) Purpose : ingress and egress Recorded: May 22, 1946 Book 1339 , Page 587 , of Official Records . Affects: Easterly 20 feet of Parcel Four 10 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: County of Santa Clara (No representation is made as to the present ownership of said easement) Purpose: street and road purposes Recorded: May 3, 1962 Book 5561 , Page 39 , of Official Records . Affects: that portion of the premises contained within the bounds of Bohlman Road, 60 feet wide (Affects Parcel One ) 11 . Any facts, rights , interests or claims which a correct survey would show. END OF SCHEDULE B NOTE 1 : Taxes for the fiscal year 1993-1994 have been paid. Assessor 's Parcel No. 517-16-006 . Code 60-000 . First Installment $211 .81 . Second Installment $211 .81 . Assessor 's Parcel No. 517-16-018 . Code 60-000 . First Installment $189 .58. Second Installment $189 .58 . Assessor 's Parcel No. 517-23-012 . Code 60-026 . First Installment $6 .82 . Second Installment $6 .82 . NOTE 2: Notice is hereby given that Indorsement Number 126 .1 will not be attached to any policy issued pursuant to this report . (Cont 'd on next page) ) EXHIBIT A Page of , I rl 205746 page 10 NOTE 3: If this Company is requested to disburse funds in connection with this transaction, Chapter 598 , Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts . The mandatory hold period for cashier 's checks , certified checks and teller ' s checks is one business day after the day deposited . Other checks require a hold period from three to seven business days after the day deposited . NOTE 4 : If a 1970 ALTA owner ' s or Lender ' s or 1975 ALTA Leasehold Owner ' s or Lender 's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors ' rights laws, that is based on: ( i ) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer ; or ( ii ) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or ( iii ) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . Owner 's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy,, by reason of the operation of federal bankruptcy, state insolvency or similar creditors ' rights laws, that is based on: ( i ) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer ; or (Cont 'd on next page) a �x�aa�ar Page 1 Qf J� 205746 -�• page 11 ( ii ) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . NOTE 5 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within six months prior to the date of this report are as follows: Grantor: Carl E. Story, an unmarried man Grantee: Clark R. Bartkowski and Jean Bartkowski, husband and wife, as community property, as to an undivided 50% interest, and Richard Voss and Denise Voss, husband and wife, as community property, as to an undivided 50% interest Recorded: February 91 1994 Book N292 , page 1344 of Official Records . (Last insured date: February 9 , 1994 ) i i P49e AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) Of WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs, attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance, 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy,by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage In a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'tees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceeding's,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof, 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. S. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. Page of LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no Toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lane or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. Reorder Form No. 12599 (Rev. 2/93) • Ex"'BIT Page t,� o� r AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) —••� 9W EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions. you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence,your existing structure consists of one or more Additional Dwelling Units,Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. , a 9e M L AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(H)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or violation affectin the land has been recorded in the public records at Date of Policy. or alleged 'n from a violation r n resuiti9 encumb a ce9 9 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy: (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy:or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. in addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against toss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. OFFICE OF COUNTY'ASSESSOR—SANTA CLARA COUNTY,CALIFORNIA _ looN n.cc 517 16 - PAGE SS. ~`�am mix a a 2 , 94 TOWNSHIP 8 SOUTH-RANGE 2 WEST SCALE 1":100' y 25 26 x.lssi�zz '� Ircol ,IZ77400 25 R -.ta:-1.A ; 35 � (alaa) ____�_ _ .{ � itfl _ _— -Ni.l! �oQ� M•JlZ7nfa [I.w 1 V •CL 1 L2,j I 60AC 84.84 AC, NET, I 91660 AC. TIOAC 40AC. I '892AC. 07.70 AC. GR.• I 151.17AC. d ti9 NpQ eCLI.Ae RD. I 22 L'NO Z ER PV E I I r BOH�MAN COUNTY OF SANTA CLARA I .. 33 III S A N T A .0 LARG COUNTY qa+n N7f III 24 7:a 9Q I I I I <OAC. I^ - W.B. _L /9 9.80 AC.HET•90 r/�(¢I`I 15 AC. 9 SAC aco R.a,(.7.>8/J dq •Y✓ I 5 00 II5I CAROL j. KEMP 16 • ..) M 112.SO% SANTA CLARA CO^ SANTA CLARA CO, �.� I f•coo' 87.50% 30.09 AC. I. la 11: I © L3 124 + I :sTn I7 1S +,SS,e25 AQd.I++•N•R 19 1.26057.5 17 24 tj �..1 27�. G3 RNAMCE WIT7I SEG 5 CpfF1LE0 IN EN OF THE REYENU'LOTAw' °a ErtitmE VA?E:M!RO�I•1993 ALFREO,E�:CAR•.:SON r=ASSESSOR L— - "f� OFFICE- OF-COUNTY'ASSESSOR SANTA. CLARA'COUNTY,' CALIFORNIA-`- - - - - ---r•- TWP as-R2W cl BOOK PAGE c1 � 517 23 I 2 tii` GLEN UNA RANCH MAP Ns 2 ue \ 510 r P.M.625-M-40 ROS.62217 \ R.O.S.487129 Aa (2-791 AG PER P.M. • �`�--j,d E »° i N d I.00Aa. I.W Aa��„ i 25 w z7D 1.05 AC Net 4`. 38 Q 20 y 25 290 AC - a • �° ' I •D� os ai�-L.�14s.1 \ r,o /3 PCL. I 24 1 �6 5 Ezz.aa e° CANON 92 AC ♦ E Lw[ -�J==D• ja'17AC 4+� y a, os '`oa m� ;• 4oy t 157AC a�° HILL R0.}c i d'•stw 35 _ o .r le T� ieoAc 22 2/ : :'� v •biz !� r^.> y 9 lA4 A, a' r^ MW �4r� 4o '1 t�\ j�..• j 17 S•'P •Pfq Cy + ¢;..{` y,a »R' rar err '' \,, asO•��$s ' - (L663AC)lOaAc P 22 .° a •�° - r• 11 C 23 .- � r r`�i t` D ^ +�o •..,� 14.515 Ac. TOTAL 1.12 AC-NET h 3 h 3 27 �g - 4158AC i ua°s PCL.j m 1.03Aa. I2.142 Ac.GA.%.. as a qi 4� 1 (252AC) y_ 390.56 •���2OS , i' 2C01 Ac BEL I PCL.2 IP, PCL I. PTN PCL. 1 rz 9 7 �'1: I \ n.5.17 A.C. 2.22AC. (10.90 AC.GR.) y? °� ., .1 8.68 AC.GR. 1 � III AC ? (lo.3nAc) 36 sA 37 10772 AC 35 0� 7 .ale• 6 6 Z 1 I 30 �i 3A `�P oars 425.79 ... i no 56 L 6? J I s^ �`.°ua P.M. 473-M-24 15 °_ Page / of JA O W v � a+ '� O w a O W � a VALLEY TITLE COMPANY 300 SOUTH FIRST STREET,SAN JOSE 292-7150 FAX 971-7133 ALUM ROCK BRANCH CUPERTINO BRANCH 2354 ALUM ROCK AVE. 10625 SOUTH DE ANZA BLVD. SAN JOSE. CA 95116 CUPERTINO,CA 95014 PHONE 251-8500 PHONE 253-7630 FAX 251-6763 FAX 253-8530 PRUNEYARD BRANCH MOUNTAIN VIEW BRANCH 2160 SOUTH BASCOM AVE., STE. 3 A T 605 C S RO STREET CAMPBELL, CA 95008 MT. VIEW, CA 94041 PHONE 408-371-7891 PHONE 415-968-4427 FAX 408-371-4638 FAX 415-968-1316 Locally Owned and Operated PROMPT, EFFICIENT,AND COURTEOUS TITLE AND ESCROW SERVICE. VTC 212(REV.7,93) Open Space x MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-27 Meeting 95-04 February 22, 1995 ,AGENDA EMMM Scheduling of March 15 Special Meeting ASSISTAWA M&NDATI Schedule a Special Meeting for Wednesday, March 15 beginning at 5:30 P.M. at the District office for the purpose of holding a workshop-type meeting to review Board-staff working relationships; parliamentary procedures and Roberts Rules of Order; capital improvement project planning and budgeting process; and other items the Board adds to the proposed agenda at the February 23 meeting. DISCUSSION Scheduling of this March 15 Special Meeting was discussed at your February 8 meeting. Proposed agenda topics are Board-staff working relationships; parliamentary procedure and Robert's Rules of Order; and a review of the current capital improvement project planning and budgeting process. The Board may wish to place other items on the proposed agenda at its February 22 meeting. The workshop-type meeting will begin at 5:30 P.M. and last approximately two hours. A Closed Session may be scheduled at the end of the workshop meeting. Prepared by: Jean H. Fiddes, District Clerk Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: J. Fiddes, Assistant General Manager DATE: February 17, 1995 SUBJECT: FYI 330 Distel Circle • Los Altos,CA 9402 2-1 404 • Phone:415-691-1200 • FAX:415-691-0485 E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Patty Quillin February 15, 1995 Docent Coordinator (415) 691-1200 Register Now For Open Space District Docent Training Program Los Altos, CA -- The Midpeninsula Regional Open Space District is now registering volunteers for its Docent Program, which provides guided hikes, walks, and tours to the public throughout the year. This popular program attracts adults of all ages who are interested in the preservation of open space and who would enjoy learning about the natural and human history of the midpeninsula, and sharing their knowledge with others. The spring training, which runs from March 14 through May 13,will cover District background, study of plant communities, geologic concepts, field botany, basic ecology, cultural history, and creative interpretive techniques. The training includes Tuesday evening sessions at the District office in Los Altos, and Saturday field trips. Class size is limited; enrollment will be accepted on a first come-first served basis. To receive further information about this program and a registration form, please call Patty Quillin, Docent Coordinator, at(415) 691-1200. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 36,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. (more) 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 •,E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton i The District permanently protects wildlife habitat,watershed, and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands'for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each at the District offices.month at 7:30 p.m., � i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith February 9, 1995 Public Affairs Manager (415) 691-1200 Open Space District To Post Mountain Lion Warnings Los Altos, CA-- Midpeninsula Regional Open Space District rangers discovered a deer carcass this morning and confirmed that it had been killed by a mountain lion. The carcass was found at the District's Rancho San Antonio Open Space Preserve in a bushy, overgrown area near Deer Hollow Farm. This 2,135-acre open space preserve is located in the hills above Cupertino and Los Altos Hills. The proximity of the carcass to a well-used area of Rancho San Antonio prompted District officials to immediately post notices in the area advising visitors to use caution while hiking the nearby trails. The signs are being posted as a precautionary measure, advising visitors that a mountain lion is believed to be in the area. There have been no other confirmed sightings or evidence of mountain lion activity in the immediate vicinity of Deer Hollow Farm. Mountain lions are generally calm, quiet, and very elusive,preferring to hunt at night and to avoid humans and confrontation. Statewide, there have been very few instances of a mountain lion actually attacking a human. In fact the odds of this happening are quite low. However, as with all wildlife, mountain lions can be dangerous,particularly when threatened, cornered, or when protecting their young. At Rancho San Antonio and all other rural parks and preserves,the public is urged to excercise caution in regards to all wildlife, and should not approach or attempt to make contact with any creatures they may encounter. The Santa Cruz Mountains range is historically mountain lion habitat. An adult female lion's home range can span from 20 to 60 square miles, with the male's habitat ranging up to over 100 square miles. Human populations continue to spread into, surround, and disturb this habitat, resulting in an increase in the potential for contact between mountain lions and people. (4now) 330 Distel Circle 9 Los Altos,CA 94022-1404 * Phone:415-691-1200 * FAX:415-691-0485 & E-mail: mrosd@netcom.com is Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 37,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed,and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SAFETY ADVISORY MOUNTAIN LIONS y f. Mountain lions have been sighted at this preserve. They are a natural part of this region's environment. Adult lions are wary of people and generally go - .Y � r • E'. ;,. `' ;ri a to extremes to avoid contact. ' ; , "" 'r �_• To avoid problems, do not let small children wander out of sight. Hiking in groups is always a safe thing to do. Sing, whistle or talk as you hike. These sounds will warn a lion of your presence and give it ample opportunity to avoid you. Should you come into contact with a lion, follow these suggestions: Do not approach the lion. Do not run from the lion. Face the lion, wave your arms slowly and speak in a loud voice. Do not crouch down or bend over. Do all you can to appear larger. Back away slowly, giving the lion an opportunity to escape. Fight back if attacked. FOR MORE INFORMATION CALL M.R.O.S.D. AT (415) 691-1200. PLEASE REPORT ALL SIGHTINGS. Open Space ---------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith February 9, 1995 Public Affairs Manager (415)691-1200 Mary Bender Community School of Music and Arts (415)961-0342 "Kids ' Art of Open Space " To Be On View Throughout Midpeninsula Los Altos, CA--An expected 500 entries in the second annual Kids'Art of Open Space will be on display at public libraries from San Carlos to Los Gatos during March and April. Co-sponsored by the Midpeninsula Regional Open Space District(MROSD)and the Community School of Music and Arts (CSMA)the award-winning Kids Art of Open Space children art program asked elementary school-aged children to draw, sketch, or paint their visions of nature, open space, and the environment. An opening reception to preview the exhibition is scheduled for Wednesday March I from 6:30 to 8:00 p.m. at the CSMA campus in Mountain View(253 Martens Avenue, off Grant Road). The public is invited to attend and meet the young artists, teachers, and parents who participated in the Kids'Art of Open Space.Please call MROSD at(415) 691-1200 or CSMA at(415) 961-0342 to RSVP and for directions. Refreshments will be served at this free event. The public library exhibits will be conducted during three two-week periods beginning March 3, 17, and 31 in the children's sections of eight libraries in San Carlos,Redwood City, East Palo Alto, Los Gatos, Saratoga, Mountain View, Sunnyvale, and Cupertino. End-of-show exhibits are also scheduled from April 10 to 21 in the lobbies of the Santa Clara and San Mateo County Offices of Education in San Jose and Redwood City. The complete exhibit schedule is: March 3 - 17 Los Gatos Library, 110 E. Main Street Sunnyvale Library, 655 W. Olive Avenue Redwood City Library, 1044 Middlefield Road March 17 - 31 Cupertino Library, 10400 Torre Avenue East Palo Alto Library,2415 University Avenue San Carlos Library, 655 Chestnut Street 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:.415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton March 31 -April 14 Saratoga Community Library, 13650 Saratoga Avenue Mountain View Library, 585 Franklin Street Al2ril 11 - 21 Santa Clara County Office of Education, 100 Skyport Drive, San Jose San Mateo County Office of Education, 101 Twin Dolphin Drive, Redwood City The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 36,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries.The District permanently protects wildlife habitat,watershed,and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public. The Community School of Music and Arts provides thousands of children and adults annually with music and visual art instruction, and is one of the largest non-profit arts education organizations in Santa Clara County. The school's offerings include music classes and lessons for all ages;after-school and special arts vacation camps for children; in-school arts education programs; family concerts;and other community outreach events. For inf6rmation.about the Kids'Art of Open Space project,please call the Community School of Music and Arts at(415)961-0342,or the Midpeninsula Regional Open Space District at(415)691-1200. Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408)265-2600 FACSIMILE (408)266-0271 AN AFFIRMATIVE ACTION EMPLOYER February 7, 1995 Mr. Pete Siemens President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Siemens: Thank you for your letter of January 25, 1995 supporting the Santa Clara Valley Water District's (SCVWD's) Comprehensive Reservoir Watershed Management Project (CRWMP). We have Mr. Randy Anderson, Planning Manager with the Open Space District on our stakeholder list representing your agency. We will be contacting all stakeholders in this project within the next few months in the initiating phase of the CRWMP's stakeholder involvement and public education effort. As the Open Space District owns considerable land in Santa Clara County, we would be pleased to have Mr. Anderson as a Task Force member. The scope of work for this project is being finalized which consists of a workplan on how to conduct tasks for assessing the SCVWD's reservoir watersheds. This workplan will be taken before SCVWD's Board of Directors shortly for approval. The Board has to approve this project's workplan before actual reservoir watershed management can be conducted. Thank you once again for writing to the SCVWD and conveying your enthusiasm on our project and we look forward to working with you towards this project's success. Sincerely, Stan M. Williams General Manager cc: Randy Anderson, MROSD Pam John, SCVWD Vrecycled paper F'- 0 1995 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Managajr�_� DATE: February 22, 1995 SUBJECT: FYI 330 Distel Circle * Los Altos,CA 94022-1404 Phone:415-691-1200 * FAX:415-691-0485 E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space -----------------------— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Joan Young February 21, 1995 Volunteer Coordinator (415) 691-1200 Open Space District Schedules Project For California Trail Days Los Altos, CA -- In celebration of the tenth annual California Trail Days, the Midpeninsula Regional Open Space District has scheduled special volunteer projects at two of its most popular preserves: the Purisima Creek Redwoods Open Space Preserve and the Rancho San Antonio Open Space Preserve. The project at Purisima, limited to 25 participants, will focus on repair of the Whittemore Gulch Trail. At Rancho, the project will be a continuation of the restoration of Black Mountain Trail, and is limited to 20 volunteers. These projects take place from 9:00 a.m. to 3:30 Pin. on Saturday,April 29. Anyone interested in participating locally in making California Trail Days a success can join in the fan by calling Joan Young, District Volunteer Coordinator, at(415) 691-1200. California Trail Days, April 29 and 30, is an annual event that last year garnered over 6,000 volunteers from 120'organizations throughout California. These volunteers take part in trails projects ranging from trail construction, restoration, and maintenance, to tree-planting, revegetation, and hikes and walks. California Trail Days is coordinated by the California Trails and Greenways Foundation, which can be reached at(415) 948-1829. The Open Space District's volunteer program provides a year-round opportunity for people to donate their time and energy on a variety of field and office projects. (more) 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 e FAX:415-691-0485 0 E-mail:mrosd@netcom.com is Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton The Mid peninsula Regional Open Space p g p District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 36,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within i District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems,restores damaged natural resources,and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment,and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. ### Friends of Santa Clara County Trails Coalition it (P.0 Max 10477 Sax lose, Cafifondd 95157-9998 1992 Supporters of February 17, 1995 Santa Clara County Trail Easement Policies A Practices Dear Trail Supporters, A*Adon CVd*TeurbV Ck& AknwA%n Vefty Conwnur*y A*600MOM In 1992 your organization joined Save Santa Clara County Trails Committee as a Anwomm endurwe Rkbm corderen" (AOK) Coalition member to support the County's Trail Easement Dedication Policies&Practices. Au*dm%Ow"Ck"VWky Chn*w We need your organizations involvement again to ensure the adoption of the Santa Clara SW A� ftfW TrM Cawwl County Trails Master Plan. Please endorse our 1995 efforts by lending your name to the (415)M-O"? Friends of Santa Clara County Trails Coalition and becoming involved. Mar"em Cftww Advbwy COWW1 Cskww"WM In addition to your endorsement,we request representatives from your CWWww"Uwkv ftft So*Wy Ow"Cum Va V Chwt-I organization to attend monthly Friends of Santa Clara County Trails Coalition meetings. C-NW unaull— The Coalition must develop strategies to ensure the adoption of the Santa Clara County CW=m "T*Conph" Trails Master Plan. Strategies and planning will include special action alert mailings to th.M"Me Conw*t"for Gn�Foa&As your members,letter writing campaign,follow up phone calls,meetings with Board of Supervisor's,attendance and giving testimony at the public workshops&hearings the and Onv*—Aner"Vokw*� other related tasks. As you are well aware,efforts like this require operating funds. A Grow*N*A&W*06 983." donation from you or your organization would be greatly appreciated. Think of this as a k*wnmdw4d Nkmwftin N"Assockgm small investment in enhancing the quality of life for all Santa Clara County Residents. Mko--L&ReWand Op—I"—NotrJO Please poll your staff,Board Members and general membership for a Ocum Nkkdwm Oburftd PahW representatives that will Like on this important assignment. The next meeting of Friends of Pw*=de Cmewvetlan CaAw Santa Clara County Trails Coalition will be held Wednesday February 22, 1995 from 7-9pm Guicket~Endwnwe PJdm at 1922 The Alameda(Me United Way Building). Your organizations participation is ***pWNAft Crgw*sd ffi"tWn Pedu"k OKWM critical. Please be sure that someone from your organization attends our February meeting Zw"Chm Cmwft Skydo C*Wkion Swag Owu waft Omwt"ComMon Let us hear from you right a way regarding your endorsement and representatives Sm"Ck"Cow"Hw""wn"socW"n names. For additional information,please contact Mark Ivy at 879-0742. Again,your sw"0�Vam"&.**On SO.Wy organizations participation in this effort is crucial. Sm"Cn RIDusaWn TmA Aeso*Wftn &WV*WV&ftW raw Sincerely, Owm CkdW LOWN Pri"Guod*** SaLsh IM fOldwa Soulh C=Vft Ttaft CwnnvW" Friends of Santa Clara County Trails Coalition Tto L"Wift of We VOW* (SM"Ck"co-wq TrW C4~ Wwwwo Wwdwa 9kytle Ckk Wsww am'rhas carraft" i Y11 (t"alluatioll Board of Supervisors, County of San Mateo, State of California Proclaims 1995 THE YEAR OF THE CHILD WHEREAS,children--as no other animal we know and jor a longer period of time--require the provision of faxid, shelter, attention, instruction, and a nurturing environment in which to develop necessary to ensure a successful future,by adults;and WIIF.RF.AS,by all indicators,more and more children are growing up poor,among conditions that contribute to a society in which there is growing crime and violence,declining educational performance,and increase of serious health problems;and WHEREAS,San Mateo County hereby declares 1995 THE YEAR OF THE CHILD in an effort to confront the problems experienced by children in our community in order to provide a more positive future;and WHEREAS,according to Census data, children under the age of 18 make up 21 percent of San Mateo County s population,8 percent of whom are living in poverty with 18.4 percent having limited English skills:and WHER"S,it is reported that 18 percent of.San Mateo Countys 41h graders cannot understand a basic reading assignment, 11 percent of 8th graders cannot write a basic essay,nearly 10 percent dropped out of the 1993 class and only 36 percent of our high.schoolers are college prepared;and WHEREAS, 7,340 child abuse cases were reported in San Mutco County lasr year;and WIIERhL4S,nearly 4 percent of all babies barn in San Mateo County have had little or no prenatal care, 5.5 percent of our babies are of low birth weight,infant mortality in the County is 6 percent,and 34 percent of San Mateo County:s children under the age of 2 have not yet been immunized;and WHEREAS, 60 percent of San Mateo County's children receive financial support from an absent parent through a court order;and WIIF,RF.AS,Children NOW has established the status of children in California and hare challenged us such that we can pretend our children are not in crisis,or we can do something to make a differenm The children we are jailing today are California's future,our jutum. How well all children fare as they grow from toddlers to school children to workers will ultimately determine:the tar bane of California and the.date's ability to provide its cilizeav with basic services such as schools,roads,parks,Libraries,police and fucfghters,the everyday climate of our sireav and communilu:%,be they safe or unsafe,healthy,thriving or dacLinmg,and the ability of the Social Security Sydem to provide retirees a meaningful Level of benefaL Ultimately,the quality of Life in California. NOW,THEREFORE,BF,IT PROCI-41MF.D that the San Mateo County Board of Supervisors doer'hereby declare 1995 as The Year of the Child in order to make a difference today for the children in San Mateo County and assure the future quality of our lives by recognizing that they are inexlricab/v lied. DATED: JANUARY 17, 1995 SUPERVISORS: ED LFyr,� RT, r siden_t AL4RY GRI r N IFNING °- U J R ' 'EN 13� Z161 E.' , FPS " Al C1L4EL D,NEL'IiV WASHINGTON OFFICE 1' '�, .� .1 COMMITTEE ON SCIENCE, 1505 LONGWORTH BUILDING SPACE,AND TECHNOLOGY WASHINGTON, DC 205 1 5-0 5 1 4 SUBCOMMITTEES (202) 225-8104 Anna (5. (ftboo TECHN AND AVIATION NVIRONMENT 14t Mi9trict, CaliforniaPACE DISTRICT OFFICE lJ California SCIENCE 698 EMERSON STREET PALO ALTO, CA 94301 Congre$!g of for Zaniteb *tatef� COMMITTEE ON MERCHANT (415) 323-2984 MARINE AND FISHERIES (408) 245-2339 SUBCOMMITTEE1. ouge of Aepre!9entatibe!9 ENVIRONMENT AND NATURAL RESOURCES a�ljington, �� 20515-0514 OCEANOGRAPHY AND THE OUTER February 14, 1995 CONTINENTAL SHELF NORTHERN CALIFORNIA REGIONAL WHIP Mr. L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Craig: Our community is known throughout the country as a leader on environmental issues. We have individuals and organizations who pave the way with unparalleled innovation and commitment to the field. People like you. I write to invite you to serve on the Environmental Advisory Board for the 14th Congressional District. The Board will meet regularly to discuss environmental issues, analysis of pressing federal legislation, and your ideas on local and national challenges. The first meeting is scheduled for 10 a.m. on Saturday, 25 February at the Peninsula Conservation Center in Palo Alto. Enclosed you'll find an agenda and other briefing materials for this upcoming meeting. Please contact Rachel Dinno in my district office at (415) 323-2984 to confirm your attendance. She will be happy to answer any questions you may have. I hope you can join us. I'm looking forward to seeing you on the 25th and our work together. Sincerely, gAnnaEshoo f Congress AGE:rmd enclosure THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS III Claims No. 95-04 Meeting 95-04 Date: February 22, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7146 335.65 AT&T Phone Service& Equipment 7147 275.00 Aaron's Septic Tank Service Sanitaiton Services 7148 445.84 Acme & Sons Sanitation Sanitation Services 7149 617.49 Acute Computer Technology Computer System Upgrade 7150 86.63 Artech Laminating Laminating Supplies 7151 25.00 Asbestest, Inc. Asbestos Test 7152 12.00 Assn. of California Water Agencies Resource Document 7153 70.17 BNA Books Resource Book 7154 43.00 Becks Shoes Boot Repair 7155 151.55 Best Sanitation Sanitation Services 7156 105.00 Bill's Towing & Recovery Towing Services 7157 390.00 Bohley Maley Associates Legal Services 7158 32.50 Carleen Bruins Partial Reimbursement-Professional Dues 7159 275.00 Building Abatement Analytics Asbestos Determination 7160 59.28 CRI/Office Pavilion Furniture Repair 7161 50.00 Capio Awards Entry Fee 7162 16.96 Capitol Inquiry, Inc. Legislative Directory 7163 73.90 Carolina Biological Supply Training Materials 7164 110.56 Cascade Fire Equipment Company Pumper Repair 7165 178.51 Clark's Auto Parts/Machine Shop Vehicle Parts 7166 225.00 Computer Resource Center Training 7167 5,500.00 Dana Property Analysis Appraisal Services 7168 30.59 The Dark Room Prints 7169 117.87 Dyna-Med Safety Supplies 7170 904.62 Farrelle Communications Radio Supplies 7171 27.25 Federal Express Mailing Expense 7172 190.14 Foster Brothers Locks 7173 70.46 GI Trucking Company Freight Charges 7174 21.61 G & K Services Shop Towel Services 7175 686.79 Guy Plumbing & Heating Plumbing Supplies& Installation 7176 216.41 Home Depot Field Supplies 7177 106.94 Honda Peninsula Field Supplies 7178 25.50 Travis Jensen Tuition Reimbursement 7179 140.88 Kaiser Cement Corporation Base Rock 7180 652.17 Ketch-All Company Field Supplies 7181 107.71 L.C. Action Police Supply Field Supplies 7182 275.78 Lab Safety Supply Field Supplies 7183 73.06 Lanier Worldwide, Inc. Copier Supplies 7184 106.26 Judy Law Reimbursement-Personal Vehicle& Software 7185 2,875.00 Elad Levinson Training 7186 443.55 Los Altos Garbage Co. Dumpster Rental 7187 239.23 McGrath RentCorp Ranger Office Rental 7188 600.00 MicroAccountiniz Solutions Computer Consulting Services 7189 139.42 Minton's Lumber & Supply Field Supplies 7190 248.20 Miracle Auto Painting Vehicle Repair 7191 363.72 Monogram Sanitation Sanitation Supplies 7192 688.22 Murray & Murray Legal Services 7193 38.45 Netcorn Computer Service Claims No. 95-04 Meeting 95-04 February 22, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7194 23.78 Office Depot Office Supplies 7195 300.00 Rachel Oppedahl Consulting Services 7196 373.40 Orchard Supply Hardware Field Supplies 7197 881.61 Pacific Bell Telephone Service 7198 171.00 City of Palo Alto Building Rental 7199 281.45 Porter Rents, Inc. Office Equipment 7200 17.25 Precision Engravers, Inc. Field Supplies 7201 32.50 Rayne Water Conditioning Water Treatment 7202 4,324.67 Rich's Tire Service Tires for District Vehicles 7203 13.47 Royal Brass Field Supplies 7204 1,152.54 Roy's Repair Service Vehicle Service& Repairs 7205 56.72 S & W Equipment Co. Field Supplies 7206 68.25 Safety Kleen Corp. Solvent Tank Service 7207 273.00 San Jose Mercury News Legal Advertising 7208 146.35 Sue Schectman Reimbursement—Documents 7209 1,612.50 Seafirst Bank 1992 Note Administration Fee 7210 91.23 Signs of the Times Trail Signs 7211 300.00 Something Special Catering Catering Deposit—Art of Open Space 7212 387.05 Summit Uniforms Uniform Supplies 7213 353.17 Teater & Etc. Computerized Map Changes 7214 124.00 Therma Corp. Equipment Maintenance 7215 1,043.26 3E Engineering Engineering Services 7216 5,500.00 Tomlinson, Zisko, Morosoli Legal Services 7217 51.96 David Topley Reimbursement—Office Supplies 7218 24.84 University Art Center Graphic Supplies 7219 125.00 Wesco Shoe Company Boot Repair 7220 212.17 West Publishing Corp. Legal Library 7221 157.99 Del Woods Reimbursement—Computer Supplies 7222 33.77 Yardbird Equipment Sales Field Supplies *Urgent check issued on February 9, 1995 Claims No. 95-04 Meeting 95-04 Date: February 22, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7146 335.65 AT&T Phone Service & Equipment 7147 275.00 Aaron's Septic Tank Service Sanitaiton Services 7148 445.84 Acme & Sons Sanitation Sanitation Services 7149 617.49 Acute Computer Technology Computer System Upgrade 7150 86.63 Artech Laminating Laminating Supplies 7151 25.00 Asbestest, Inc. Asbestos Test 7152 12.00 Assn. of California Water Agencies Resource Document 7153 70.17 BNA Books Resource Book 7154 43.00 Becks Shoes Boot Repair 7155 151.55 Best Sanitation Sanitation Services 7156 105.00 Bill's Towing & Recovery Towing Services 7157 390.00 Bohley Maley Associates Legal Services 7158 32.50 Carleen Bruins Partial Reimbursement-Professional Dues 7159 275.00 Building Abatement Analytics Asbestos Determination 7160 59.28 CRI/Office Pavilion Furniture Repair 7161 50.00 Capio Awards Entry Fee 7162 16.96 Capitol Inquiry, Inc. Legislative Directory 7163 73.90 Carolina Biological Supply Training Materials 7164 110.56 Cascade Fire Equipment Company Pumper Repair 7165 178.51 Clark's Auto Parts/Machine Shop Vehicle Parts 7166 225.00 Computer Resource Center Training 7167 5,500.00 Dana Property Analysis Appraisal Services 7168 30.59 The Dark Room Prints 7169 117.87 Dyna-Med Safety Supplies 7170 904.62 Farrelle Communications Radio Supplies 7171 27.25 Federal Express Mailing Expense 7172 190.14 Foster Brothers Locks 7173 70.46 GI Trucking Company Freight Charges 7174 21.61 G & K Sefviees Shop Tewe4 SeEvi 7175 686.79 Guy Plumbing & Heating Plumbing Supplies & Installation 7176 216.41 Home Depot Field Supplies 7177 106.94 Honda Peninsula Field Supplies 7178 25.50 Travis Jensen Tuition Reimbursement 7179 140.88 Kaiser Cement Corporation Base Rock 7180 652.17 Ketch-All Company Field Supplies 7181 107.71 L.C. Action Police Supply Field Supplies 7182 275.78 Lab Safety Supply Field Supplies 7183 73.06 Lanier Worldwide, Inc. Copier Supplies 7184 106.26 Judy Law Reimbursement-Personal Vehicle& Software 7185 2,875.00 Elad Levinson Training 7196 443.55 Los Altos Garbage Co. Dumpster Rental 7187 239.23 McGrath RentCorp Ranger Office Rental 7188 600.00 MicroAccounting Solutions Computer Consulting Services 7189 139.42 Minton's Lumber & Supply Field Supplies 7190 248.20 Miracle Auto Painting Vehicle Repair 7191 363.72 Monogram Sanitation Sanitation Supplies 7192 688.22 Murray & Murray Legal Services 7193 38.45 Netcoin Computer Service Claims No. 95-04 Meeting 95-04 February 22, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7194 23.78 Office Depot Office Supplies 7195 300.00 Rachel Oppedahl Consulting Services 7196 373.40 Orchard Supply Hardware Field Supplies 7197 881.61 Pacific Bell Telephone Service 7198 171.00 City of Palo Alto Building Rental 7199 281.45 Porter Rents, Inc. Office Equipment 7200 17.25 Precision Engravers, Inc. Field Supplies 7201 32.50 Rayne Water Conditioning Water Treatment 7202 4,324.67 Rich's Tire Service Tires for District Vehicles 7203 13.47 Royal Brass Field Supplies 7204 1,152.54 Roy's Repair Service Vehicle Service & Repairs 7205 56.72 S & W Equipment Co. Field Supplies 7206 68.25 Safety Kleen Corp. Solvent Tank Service 7207 273.00 San Jose Mercury News Legal Advertising 7208 146.35 Sue Schectman Reimbursement—Documents 7209 1,612.50 Seafirst Bank 1992 Note Administration Fee 7210 91.23 Signs of the Times Trail Signs 7211 300.00 Something Special Catering Catering Deposit—Art of Open Space 7212 387.05 Summit Uniforms Uniform Supplies 7213 353.17 Teater & Etc. Computerized Map Changes 7214 124.00 Therma Corp. Equipment Maintenance 7215 1,043.26 3E Engineering Engineering Services 7216 5,500.00 Tomlinson, Zisko, Morosoli Legal Services 7217 51.96 David Topley Reimbursement—Office Supplies 7218 24.84 University Art Center Graphic Supplies 7219 125.00 Wesco Shoe Company Boot Repair 7220 212.17 West Publishing Corp. Legal Library 7221 157.99 Del Woods Reimbursement—Computer Supplies 7222 33.77 Yardbird Equipment Sales Field Supplies 7223 18.00 Sonoma County Health Dept. Medical Services 7224 376.00 Park Rangers Assn. of California Conferences 7225 3,983.00 AJAY Roofing Company Structure Repair 7226 779.40 Jarrett& Associates Kids for Open Space Buttons 7227 282.02 Petty Cash Local and Out of Town Meeting Expenses; Photographic Supplies; Computer Software, Private Vehicle Expenses; Seminar Registration; and Docent Supplies *Urgent check issued on February 9, 1995 "Urgent check issued on February 22, 1995 ***Urgent check issued on February 21, 1995 Open paee --------------- J1 A i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING ADMINISTRATION AND BUDGET COMMITTEE AGENDA 4:00 p.m. Teena Henshaw, Chair Thursday, Wim de Wit February 23, 1995 Mary Davey 330 Distel Circle, Los Altos (4:00) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA (4:05) COMMITTEE BUSINESS 1. Review of Proposed 1995-1996 Budget for Enterprise Subprogram - C. Britton 2. Review of Proposed 1995-1996 Budget for Operations Program - J. Escobar 3. Review of Proposed 1995-1996 Budget for Administration Program - J. Fiddes 4. Review Proposed 1995-1996 Budget for Planning Program - R. Anderson 5. Review of Proposed 1995-1996 Program Operating Budgets and Target Average 6% Growth Guideline for District Operating Expenses - J. Fiddes 6. Review of Salary Incentive Program for District's Office, Supervisory, and Management Staff- C. Britton r 7. Controller's Report - M. Foster 8. Review Selection Process for New District Auditors - M. Foster (5:30) ADJOURNMENT The Administration and Budget Committee will meet on the following date to review the District's proposed budget for the 1995-1996 fiscal year: Thursday, March 2, 5:00 P.M. 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 • FAX:415-691-0485 + E-mail:mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space ---------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECI_AL MEETING LEGISLATIVE.ATIVE,FINANCE,AND PUBLIC AFFAIRS COMMITTEE AGENDA 11:30 A.M. Nonette Hanko Monday Pete Siemens (alternate) March 6, 1995 Mary Davey 330 Distel Circle, Los Altos NOTE: Depending on weather, this meeting will include a site visit to the Long Ridge Open Space Preserve. (11:30) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA COMMITTEE BUSINESS (11:35) 1. District Founders Commemoration Event (This item to be discussed only if weather prohibits the site visit noted in item number 3. This item will be continued to the next meeting if the site visit takes place) 2. Staff Report on Legal and Tax Implications of Special District Fund for Donation of Directors' Fees for Stegner Memorial or Other Designated Projects (This item to be discussed only if weather prohibits the site visit noted in item number 3. This item will be continued to the next meeting if the site visit takes place) 3. Site Visit and Review of Proposed Stegner Memorial Site, Long Ridge Open Space Preserve (The committee will travel to the Long Ridge Open Space Preserve via District vehicle. Members of the public wishing to attend this portion of the meeting should arrange for their own transportation and meet the committee at the Grizzly Flat parking area on Skyline Boulevard approximately 3.3 miles north of its intersection with Route 9.) 4. Scheduling of next meeting and proposed items for next agenda (3:00) ADJOURNMENT 330 Distel Circle + Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Claims No. 95-04 Meeting 95-04 Date: February 22, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description -------------------- 7146 335.65 AT&T Phone Service & Equipment 7147 275.00 Aaron's Septic Tank Service Sanitaiton Services 7148 445.84 Acme & Sons Sanitation Sanitation Services 7149 617.49 Acute Computer Technology Computer System Upgrade 7150 86.63 Artech Laminating Laminating Supplies 7151 25.00 Asbestest, Inc. Asbestos Test 7152 12.00 Assn. of California Water Agencies Resource Document 7153 70.17 BNA Books Resource Book 7154 43.00 Becks Shoes Boot Repair 7155 151.55 Best Sanitation Sanitation Services 7156 105.00 Bill's Towing & Recovery Towing Services 7157 390.00 Bohley Maley Associates Legal Services 7158 32.50 Cadleen Bruins Partial Reimbursement-Professional Dues 7159 275.00 Building Abatement Analytics Asbestos Determination 7160 59.28 CRI/Office Pavilion Furniture Repair 7161 50.00 Capio Awards Entry Fee 7162 16.96 Capitol Inquiry, Inc. Legislative Directory 7163 73.90 Carolina Biological Supply Training Materials 7164 110.56 Cascade Fire Equipment Company Pumper Repair 7165 178.51 Clark's Auto Parts/Machine Shop Vehicle Parts 7166 225.00 Computer Resource Center Training 7167 5,500.00 Dana Property Analysis Appraisal Services 7168 30.59 The Dark Room Prints 7169 117.87 Dyna-Med Safety Supplies 7170 904.62 Farrelle Communications Radio Supplies 7171 27.25 Federal Express Mailing Expense 7172 190.14 Foster Brothers Locks 7173 70.46 GI Trucking Company Freight Charges 7174 21.61 G & K SeFyiees Shop Towel SeFyiees 7175 686.79 Guy Plumbing & Heating Plumbing Supplies&Installation 7176 216.41 Home Depot Field Supplies 7177 106.94 Honda Peninsula Field Supplies 7178 25.50 Travis Jensen Tuition Reimbursement 7179 140.88 Kaiser Cement Corporation Base Rock 7180 652.17 Ketch-All Company Field Supplies 7181 107.71 L.C. Action Police Supply Field Supplies 7192 275.78 Lab Safety Supply Field Supplies 7183 73.06 Lanier Worldwide, Inc. Copier Supplies 7194 106.26 Judy Law Reimbursement-Personal Vehicle & Software 7185 2,875.00 Elad Levinson Training 7186 443.55 Los Altos Garbage Co. Dumpster Rental 7187 239.23 McGrath RentCorp Ranger Office Rental 7188 600.00 MicroAccounting Solutions Computer Consulting Services 7189 139.42 Minton's Lumber & Supply Field Supplies 7190 248.20 Miracle Auto Painting Vehicle Repair 7191 363.72 Monogram Sanitation Sanitation Supplies 7192 688.22 Murray & Murray Legal Services 7193 38.45 Netcom Computer Service Claims No. 95-04 Meeting 95-04 February 22, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7194 23.78 Office Depot Office Supplies 7195 300.00 Rachel Oppedahl Consulting Services 7196 373.40 Orchard Supply Hardware Field Supplies 7197 881.61 Pacific Bell Telephone Service 7198 171.00 City of Palo Alto Building Rental 7199 281.45 Porter Rents, Inc. Office Equipment 7200 17.25 Precision Engravers, Inc. Field Supplies 7201 32.50 Rayne Water Conditioning Water Treatment 7202 4,324.67 Rich's Tire Service Tires for District Vehicles 7203 13.47 Rpyal Brass Field Supplies 7204 1,152.54 Roy's Repair Service Vehicle Service & Repairs 7205 56.72 S & W Equipment Co. Field Supplies 7206 68.25 Safety Kleen Corp. Solvent Tank Service 7207 273.00 San Jose Mercury News Legal Advertising 7208 146.35 Sue Schectman Reimbursement—Documents 7209 1,612.50 Seafirst Bank 1992 Note Administration Fee 7210 91.23 Signs of the Times Trail Signs 7211 300.00 Something Special Catering Catering Deposit—Art of Open Space 7212 387.05 Summit Uniforms Uniform Supplies 7213 353.17 Teater & Etc. Computerized Map Changes 7214 124.00 Therma Corp. Equipment Maintenance 7215 1,043.26 3E Engineering Engineering Services 7216 5,500.00 Tomlinson, Zisko, Morosoli Legal Services 7217 51.96 David Topley Reimbursement—Office Supplies 7218 24.84 University Art Center Graphic Supplies 7219 125.00 Wesco Shoe Company Boot Repair 7220 212.17 West Publishing Corp. Legal Library 7221 157.99 Del Woods Reimbursement—Computer Supplies 7222 33.77 Yardbird Equipment Sales Field Supplies 7223 18.00 Sonoma County Health Dept. Medical Services 7224 376.00 Park Rangers Assn. of California Conferences 7225 3,983.00 AJAY Roofing Company Structure Repair 7226 779.40 Jarrett& Associates Kids for Open Space Buttons 7227 282.02 Petty Cash Local and Out of Town Meeting Expenses* Photographic Supplies; Computer Software, Private Vehicle Expenses; Seminar Registration; and Docent Supplies *Urgent check issued on February 9, 1995 "Urgent check issued on February 22, 1995 ***Urgent check issued on February 21, 1995