HomeMy Public PortalAbout20010101 - Agenda Packet - Board of Directors (BOD) (4) Midpeninsula Regional
Open Space District
Meeting 10-17
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Wednesday, July 14, 2010
PUBLIC STUDY SESSION FOR COOLEY LANDING AD Hoc COMMITTEE•'BEGINS AT 5:30 P.M.
REGULAR MEE FING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.
AMENDED AGENDA
330 Distel Circle
Los Altos, California
SPECIAL MEETING
5:30* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-
PUBLIC STUDY SESSION
1. Presentation and Discussion of a Vision Plan Prepared by the City of East Palo Alto for the Cooley Landing
Peninsula at Ravenswood Open Space Preserve—T. Hugg
REGULAR MEETING
7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-
PUBLIC SESSION
ROLL CALL
PLEDGE OF ALLEGIANCE
ORAL COMMUNICATIONS- PUBLIC
ADOPTION OF AGENDA
7:10* CONSENT CALENDAR
1. Approve Minutes of the Regular and Special Board Meeting of May 26, 2010
2. Approve Revised Claims Report
3. Approve Written Communications—None
7:20* BOARD BUSINESS
4. Informational Presentation on Wildlife Corridor Research—G. Basson
7:20* BOARD BUSINESS(CONTINUED)
5. Consideration of Salary Adjustments and Amendments to Board Appointees' Employment Agreements for
the District's General Manager,General Counsel,and Controller—Board Appointee Evaluation Committee
6. Exchange of Easements with San Francisco Public Utilities Commission at Ravenswood Open Space
Preserve; Consideration of Use and Management Plan Adoption and Plan Amendment for the Preserve;As a
Responsible Agency under the California Environmental Quality Act(CEQA),independently consider the
Environmental Impact Report(EIR)certified by the San Francisco Public Utilities Commission(SFPUC);
adopt applicable portions of the Mitigation Monitoring and Reporting Program of the Final EIR;adopt a
Statement of Overriding Considerations as to one potential environmental impact; and,as Lead Agency
under CEQA,determine that the acceptance of the Open Space Easement is categorically exempt from
CEQA— M. Reeves
7. Award of Contract to Ascent Environmental for Phase 11 CEQA/NEPA Environmental Document
Preparation for the Mount Umunhurn Site Planning Project—K. Lenington
8. Renaming of Mills Creek Open Space Preserve—Legislative, Funding,and Public Affairs Committee
9. Establishment of an Endowment Fund for Memorial Benches—Legislative, Funding,and Public Affairs
Committee
INFORMATIONAL REPORTS— Reports on compensable meetings attended. Brief reports or announcements
concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for
factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to
place a matter on a future agenda.
A. Committee Reports
B. Staff Reports
C. Director Reports
ADJOURNMENT
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 the lime each item is considered by the Board of
Directors. Yon may address the Board concerning other matters(hiring Oral Communications. Each speaker will ordinarily be
limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates.
Consent Calendar:All items on the Consent Calendar niall,be approved without discussion by one motion. Board members,the
General Manager, and members of the public may request that an item be removed frond the Consent Calendar(hiring consideration
of the Consent Calendar.
In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact
the District Clerk at(650)691-1200.Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure
accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior
to the meeting,will be available for public inspection at the District's Administrative Off-ice located at 330 Distel Circle,Los Altos,California 94022.
CERTIFICATION OF POSTING OF AGENDA
1,Michelle Radcliffe, District Clerk for the MidpeninSLIla Regional Open Space District(MROSD),declare that the foregoing agenda
for the Regular Meeting of the MROSD Board of Directors was posted and available for review on July 9,2010,at the
Administrative Offices of MROSD,330 Distel Circle, Los Altos California,94022. The agenda is also available on the District's web site at
litti):/hv\vw.ol)ctlsl)ace.ol,g.
Signed this 91h day Of July,at Los Altos,California.
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District Clerk July 9, 2010
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Midpeninsula Regional
' Open Space District
R-10-85
Meeting 10-17
July 14, 2010
STUDY SESSION ITEM 1
AGENDA ITEM
Presentation of a Vision Plan (see Attachment 2) Prepared by the City of East Palo Alto (City)
for the Cooley g Landin Peninsula at Ravenswood Open Space Preserve and Consideration of
Formal Support for the City's Vision Plan as the Project Description for Subsequent
Environmental Review.
GENERAL MANAGER'S RECOMMENDATIONS
Cit 's Vision Plan for the Cooley Landing Peninsula
1. Receive an oral presentation on the y Y g �
project.
ect.
2. Support the Vision Plan as the project description for the purpose of subsequent
n
e nvironme to1 review.
SUMMARY
The Board received an oral presentation on the Cooley Landing project on September 23, 2009
(see Report 09-104), prior to the Board approving it as a new Key Project in the mid-year
FY2009-10 Action Plan. Subsequently, the District has actively participated in the City s
planning and design process, which includes selection of the design consultants, review of design
drawings and documents, and attendance at various meetings that include community
workshops, resource agency consultations, and City Council meetings. At the meeting of
February 24, 2010 (see Report 10-29), the Board adopted a Comprehensive Use and
Management Amendment for the Ravenswood Open Space Preserve, designating a portion the
"Cooley Landing Area," (see Attachment 1) and authorized execution of a Partnership
Agreement with the City for the park project. The City has worked closely with the District and
numerous resource agencies to receive and incorporate input into the Vision Plan for the Cooley
Landing peninsula. The Vision Plan is being presented separately to both the District Board of
Directors and the City Council to solicit support for using this plan as the project description for
the environmental review process. Staff has invited City staff to participate in the Study Session
on the Vision Plan and receive policy-level input from the District's Board of Directors.
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R-10-85 Page 2
DISCUSSION
The City contracted with Callander Associates Landscape Architects, Inc., in October 2009 and
began refining the site design based on concept plans prepared in 2004. Two groups, a Core
Group and a Resource Group, were organized to provide discussion and input on the project,
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provide technical expertise, and share previous experiences applicable to Cooley Landing. The
Core Group includes staff from the District and from the City's Public Works Department,
Community Services Department, Redevelopment Agency, and Planning Division. The
Resource Group includes the Core Group and representatives from non-governmental
organizations, community groups, regulatory agencies, and government entities. The Resource
Group includes, in part, the Bay Conservation and Development Commission, California
Department of Fish and Game, Cities of Menlo Park and Palo Alto, Committee for Green
Foothills, Don Edwards San Francisco Bay National Wildlife Refuge, Peninsula Open Space
Trust, Ravenswood City School District, San Mateo County Health Collaborative, and U.S. Fish
and Wildlife Service. The goal of the City throughout this process has been to receive and
incorporate as much input from as many groups as possible to prepare the latest Vision Plan.
The District's Cooley Landing Ad Hoc Committee (Committee) has met five times since
September 2009, with the most recent meeting having been held on June 251", 2010. The
Committee has provided policy-level input to City staff and their consultant on the proposed uses
for Cooley Landing and on the City's Vision Plan. The Committee asked City staff to consider
the following input:
1
1. Move and/or reduce the number of parking spaces to create a larger buffer between the
parking area and the building.
2. Consolidate public water access, including emergency access, to the existing beach on the
south edge of the site and allow low-intensity recreation uses at this location up to and
including the intensity level of kayaking or canoeing.
Committee also asked City and District staff to verify the feasibility of Menlo Park Fire
The Co y Y
District (Fire District) launching an airboat off the existing beach for emergency rescue purposes.
A meetingwas convened at the site on Jul 2°d, 2010 with representatives from the Fire District
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who confirmed that the beach area would be ideal for launching the airboat and that the existing
mud flats would not hinder its operation. Minor improvements would be required, including
removing debris and other obstacles and trimming back tree limbs impeding access. The Fire
District has 10 to 15 rescues in the Bay per year, and this site would be one of several sites used
by the Fire District to access the Bay for emergency purposes. The Fire District also anticipates
holding one training session per year at Cooley Landing to familiarize all airboat operators with
the site's conditions.
The City held two community meetings in February and April. The Community Open House on
February 6, 2010, provided a venue for community participation and input on possible site uses
and interpretive themes. On April 8, 2010, a second community meeting was held at City Hall to
share project progress, review project goals and background, go over outcomes from the
February open house, and collect feedback and ideas on a revised draft conceptual plan. District
staff and some Board members attended both meetings as did several City Council members.
The City has also applied for a variety of grants, totaling $15 million, including a $5 million
grant through the Proposition 84 Recreational Trails Program administered by the California
i
R-10-85 Page 3
Department of Parks and Recreation. The City has already received a $40,000 grant from the
Nature Restoration Trust for wetland remediation work on the site. The Nature Restoration Trust
partnership funds riparian, wetlands, and coastal habitat restoration projects that provide
educational opportunities and encourage community involvement in on-the-ground conservation.
The City was also awarded a $50,000 grant from the Environment Program of the William and
Flora Hewlett Foundation.
The Vision Plan provides a general overview of the project, including the background and
planning process, the latest design drawings, information on the proposed interpretive program,
and a conceptual implementation and operations plan. While the Vision Plan addresses some of
the input received to date, there are some elements that will require more study during the
environmental review process.
Key project design elements include the following:
1. Nature Education Center
2. Expanded Trail System
3. Outdoor Classroom
4. Historical Dredge Interpretive Area
5. Overlooks/Fishing Pier (south jetty only)
6. Viewing Pier
7. Picnic Areas
8. Restroom
9. Parking
10. Potential Area for Access to Water and Menlo Park Fire District Emergency Airboat
Launch Site
The City plans to have at least one dedicated staff member for the education center depending on
the intensity of the planned programming. Programmatic activities could include:
1. Youth education programs such as school field trips or day camps.
2. Facility rentals for company picnics or weddings.
3. Community events such as a farmers' market or crafts fair.
4. Equipment rentals and concessions.
5. Recreation programs such as bird watching.
6. Adult education and job training programs.
Impacts of such program activities will be studied during the environmental review process.
In addition to the grants being sought, proposed cost recovery methods for construction,
operations, maintenance, and programs at the site include donor recognition programs, corporate
sponsorships of an event series, and legacy endowments.
The City's intention is to present the Vision Plan separately to the District's Board of Directors
and the City Council in July in order to solicit support for using the plan as the project
description for the subsequent environmental review process. City staff have prepared a
Comments and Responses document (see Attachment 3) that lists recent input received and City
staff's responses to those comments. The District will continue to provide input and assistance
during the environmental review process including the preparation of a Biological Assessment
and Remediation Action Plan.
R-10-85 Page 4
FISCAL IMPACT
Adoption of the General Manager's recommendations will have no unanticipated fiscal impact
on the District. However, some District staff time will be needed to provide input and assistance
to the City during the environmental review process, should the Board adopt the General
Manager's recommendations.
PUBLIC NOTICE
Public notice was provided in compliance with the Brown Act. No additional notice is required.
CEQA COMPLIANCE
This informational presentation is not a project under the California Environmental Quality Act.
Since the Board will be making no final decisions or commitments concerning the potential
project, no environmental review is required at this time. In the event the Board determines to
proceed with a project, environmental review will occur prior to such a decision.
NEXT STEPS
District staff will continue to represent the District and collaborate with the City during the
environmental review and schematic design process. The next anticipated actions for the Board
will be an amendment to the Use and Management Comprehensive Plan and an amendment to
the Partnership Agreement, expected towards the beginning of the next calendar year at the
conclusion of the environmental review process.
Attachments:
1. Map of Cooley Landing Area
2. Vision Plan, Cooley Landing Schematic Design (prepared by City of East Palo) dated
July 6, 2010
3. Vision Plan Comments and City Staff Responses (prepared by City of East Palo Alto)
dated July 2, 2010
Prepared by:
Tina Hugg, Open Space Planner 11
Contact person:
Tina Hugg, Open Space Planner 11
Graphics prepared by:
Tina Hugg, Open Space Planner 11
Lily Lee, Cooley Landing Project Manager, City of East Palo Alto
Brian Fletcher, Callander Associates Landscape Architects, Inc.
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Attachment 2
VISION
PLAN
Cooley Landing
East Palo Alto, California
July 6, 2010
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Callander Associates
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Landscape Architecture, Inc-
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This 182 pages document is available on our website.
Below are instructions to view it.
1. Go to: http://www.o enspace org/about us/meetings.asp
2. To the right of July 14t�' agenda, click VIEW
3. Once the agenda opens up in PDF format, click on Study Session Item 1
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Attachment 3
Cooley Landing Vision Plan
Comments and City of East Palo Alto Staff Responses
July 2,2010
Note: Page numbering refers to the July 2°d, 2010 version of the Vision Plan. This summarizes policy-level comments received and
City staff responses thus far. The Vision Plan has been circulated to members of the public and various agencies for comments (e.g.
State Regional Water Quality Control Board, U.S. Fish and Wildlife Service,National Marine Fisheries Service, State Fish and Game,
City of Menlo Park, City of Palo Alto, Peninsula Open Space Trust, and others)
Comment Response Source
p. 6—Cooley Landing should be a quiet Agreed, see p. 6 and p. 30, for example, for articulation of this Lorraine Holmes,
place for public enjoyment of nature. goal. William Webster(Jane
Leech Memorial Fund
Advisory Committee—
JLMFAC)
p.34—Parking—Prefers reduced Both the original plan and the reduced parking version will be City of East Palo Alto
parking option to keep the site as quiet, presented to the City Council, noting input from other bodies Planning Commission
contemplative, and natural as possible. and reasons.
p
p.34—Parking—Though there is an Both the original plan and the reduced parking version will be Midpeninsula Regional
overall preference for the reduced parking presented to the City Council, noting input from other bodies Open Space District
option to maximize the natural character and reasons. The parking description on p. 42 of the 7/2 (MROSD)
of the site, there is an acknowledgment version of the Vision Plan changes language to acknowledge
that there is also a need to accommodate that only new spaces in an expanded version of the existing
visitors with disabilities, seniors, families, MROSD parking lot would be potentially available for Cooley
and other users at this urban park. During Landing.
regular operations, the existing MROSD
parking spaces should be reserved for
Preserve and Bay Trail users,but at night
and during occasional City events, these
spaces could be made available for
Cooley Landing.
p.36—Weddings—Cooley Landing Agreed. The Boathouse building design anticipates potential Renee Glover Chantler,
could be a lovely place for weddings. use for special events(p. 36),the outdoor classroom Planning Commission
anticipates potential use for ceremonies (p. 41), and the Chair
Attachment 3
parking analysis anticipates larger gatherings such as
weddings.
p. 43— Soccer Field—Many youth want This use is not compatible with the goal of a quiet, natural, Bernardo Huerta,
more space for soccer games in East Palo peaceful space that earlier broader community input has asked Planning Commissioner
Alto. for. For many years, the broader community and City Council
has agreed this site should be limited to passive recreational
use. No one at the February 6, 2010, community meeting,
attended by nearly 100 people, asked for soccer fields when
asked to express their desired site features.
p. 43—Against Soccer Field—Soccer Agreed, see above. The Planning Department will return to Renee Glover Chantler,
would be incompatible with the the Planning Commission in September to discuss City-wide Kaleemah Rasheed
community desire for a quiet, natural use active recreation use plans, so soccer fields can be part of that (Planning
at Cooley Landing. discussion for development in other parts of the City where its Commissioner), Bob
use might be more compatible. The Open Meadow area of Allen(Planning
Cooley Landing will have low grass that could be appropriate Commissioner), and
for an informal small game, but the type of grass would not Nozipo Obogo
withstand the heavy foot traffic of regular consistent use by (JLMFAC),
larger teams.
R — paramount. The City and MROSD will work Menlo Park Fire District
. 43 Emergency Rescue Currently Public safety is a a
Y Y p g Y Y P
the Menlo Park Fire District airboat with the Menlo Park Fire District to explore the feasibility of
rescues 10-15 people stranded on launching airboats from the existing beach area at the
mudflats each year. An airboat launch southeast margin of the site. Potential biological and other
from Cooley Landing could save over 30 impacts of airboat operations will be studied and mitigation
minutes in response time, which could be measures developed that minimize those impacts while not
critical in case of medical issues compromising public safety. The 7/2 version of the Vision
Plan includes mention of the potential airboat launch on p. 43.
p. 43—Kayaking is not very practical at Kayaking is largely removed from the 7/2 version of the MROSD
this site because of the mudflats exposed Vision Plan. The ramp area is labeled a family water access
much of the day during lower tides. area instead. The CEQA Initial Study process will still study
impacts of kayaks further in case this option is more practical
in the future(e.g. under sea level rise from climate change).
The boat ramp may be removed from the final plan,pending
CEQA study, leaving only the beach area on the southwest
I
Attachment 3
margin for direct water access for the public as well as for the
Menlo Park Fire District airboat for emergency rescue
purposes.
p. 45—Paved trails—Concerns that other Paved trails facilitate access to the Bay by people with MROSD
MROSD Preserves do not have as much disabilities. 16% of Americans have a disability.
paved trails, but acknowledgement that it
is acceptable in this park east of the
existing Ravenswood parking lot.
p. 56—Interpretation—Prefer hands-on, The future interpretive displays will avoid this type of display Nancy Leech
more visually appealing exhibits, do not and emphasize more engaging materials that will appeal to a (JLMFAC)
like the photo on p. 73 of a static display broad audience. The 7/2 version of the Vision Plan replaces
that is text-heavy. the previous photo with a new one showing a child interacting
actively with a display. The next version of the Vision Plan
will have more g
language promoting hands-on multimedia
p
displays
p. 56—Interpretation— When the nature Good idea. We will keep this in mind when the Center opens. MROSD
center is open, please share with the
public information about nearby existing
facilities for further nature and history
education.
p. 85—Reduce Trash—Please design the We will have plenty of animal-proof trash bins strategically Bernardo Huerta
park in a way to reduce trash. located near picnic areas. Staff at the site will pick up trash. (Planning
Environmental education programs will encourage people to Commissioner)
recycle and not to litter.
p. 90—Dogs—Concerns about impacts On April 8,2010, the City's consultant publicly presented the MROSD
on wildlife. staff recommendation that dogs not be allowed, even on leash,
because of potential impacts on wildlife and the lack of
resources to enforce the leash requirement. In addition, dogs
on leash can still have impacts on wildlife. The next version
of the Vision Plan will add a specific section in the Operation
Plan section indicating dogs will not be allowed at Cooley
Landing, even on leash.
S
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Midpeninsula Regional Open Space District
# Amount Name Description
13065 $35,377.97 Northgate Environmental Management Environmental Consulting Services-Review U.S.Army Corps Of
Engineers Work At Mt.Umunhum
13066 $11,514.12 Page&Turnbull Architectural&Engineering Services-Folger House Remodel
13067 $9,230.03 LFR Levine Fricke Engineer&Design Services-ECDM Staging Area Project
13068 $6,905.00 Restoration Design Group Planning&Design Services For The Alpine Pond Long-Term
Management Project
13069 $6,054.68 *1 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program
District
13070 $5,690.58 ESRI Two ArcView Single Use Licenses&One ArcGIS Spatial Analyst
Single Use License
13071 $4,391.25 Ascent Environmental CEQA/NEPA Strategy For Mt. Umumhum Remediation&Planning
13072 $3,965.66 *2 Big Creek Lumber Lumber For Deck Replacement-Rental Residence
13073 $3,156.50 Jay A. Resendez Personnel Matter
13074 $2,829.87 *3 County Of San Mateo Fire Service Fee-Coastside Protection Program
13075 $2,710.94 CMK Automotive Vehicle Maintenance&Repairs
13076 $2,708.66 Sol's Mobile Service Vehicle Maintenance&Repairs
13077 $2,508.51 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation
13078 $2,426.45 Hertz Equipment Rental Dozer Rental-Road Work at Fremont Older
13079 $2,298.39 Ergo Works Ergonomic Equipment-Chairs For GM's Office
13080 $1,757.20 United Site Services Sanitation Services-RSA
13081 $1,630.95 The Sign Shop Assorted Trail Signs&Miscellaneous Preserve Signage
13082 $1,546.89 Gardenland Power Equipment Field Supplies/Brushcutter Parts/Helmet Parts/Fire Pumper
Parts/Sharpened Carbide Chains/Pole Pruner
13083 $1,286.25 Tadco Supply Janitorial Supplies
13084 $1,196.49 Office Depot Office Supplies/Break Room Supplies/Hanging File Folders/
Whiteboard Pens/Fax Cart/Mailing Labels/Sheet Protectors/
Tape For Label Maker
13085 $1,094.24 Firestone Complete Auto Care Tires
13086 $999.66 BKF Engineers Survey Work For SFPUC Easement Exchange
13087 $995.50 Deborah Mills-Design Concepts Graphic Design Services-Mt. Umunhum Brochures, Business
Cards,Nature Center Sign
13088 $938.77 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum
13089 $910.00 Hans Luemers Reimbursement-Slender False Brome Treatment
13090 $875.00 David Reichling Reimbursement-Slender False Brome Treatment
13091 $856.00 Duong,Anna Reimbursement-Tuition&Mileage
13092 $800.00 Alexander,Zachary Reimbursement-Tuition
13093 $752.00 Periat Plumbing Plumbing Repairs-Rental Residence
13094 $725.00 Cupertino Medical Group Employee Medical Services
13095 $665.77 Recology Garbage Service-AO/Dumpster Service-FFO
13096 $643.14 Roessler,Cindy Reimbursement-Sudden Oak Death Workshop Expenses/
Mileage/Cell Phone
13097 $635.00 Environmental Services Lead&Asbestos Inspection&Testing-Folger House
13098 $625.00 Rachel Demitrios User Manual For Incidents Database
13099 $621.01 Sunnyvale Ford Vehicle Maintenance&Repairs
13100 $559.73 Lab Safety Supply Field Supplies-Gloves,Eye&Ear Protection
13101 $515.10 PIP Printing Printing Of Regulation Handbook
13102 $500.00 Association Of Bay Area Governments Annual Membership Dues
13103 $490.00 Pat&Hank Scarlett Reimbursement-Slender False Brome Treatment
13104 $488.25 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area
13105 $487.17 Safety Kleen Solvent Tank Service&Repairs-SFO&FFO
13106 $475.00 Aaron's Septic Tank Service Pumping Services-Purisima Creek
13107 $455.96 Monster Mechanical HVAC Maintenance-AO
Page 1 of 3
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Midpeninsula Regional Open Space District
# Amount Name Description
13108 $430.66 Pine Cone Lumber Lumber For SFO Window Installation/Lumber For Rail At Deer
Hollow Farm Access Road
13109 $430.44 Craftsmen Printing Printing Services-Business Cards
13110 $427.09 Sonoma State University Pacific Giant Salamander Study
13111 $425.00 Residential Garage Doors Garage Door Repair-Rental Residence
13112 $420.00 Mary Zvirbilis Reimbursement-Slender False Brome Treatment
13113 $390.00 Normal Data Maintenance Of Operations Department Database
13114 $371.67 Big Creek Lumber Lumber For Deck Replacement-Rental Residence
13115 $368.75 Ergo Vera Ergonomic Evaluations
13116 $367.07 California Water Service Company Water Service-Windy Hill&AO
13117 $350.00 Nancy Serrurier Reimbursement-Slender False Brome Treatment
13118 $350.00 Jamie Kerr Reimbursement-Slender False Brome Treatment
13119 $337.20 Guy Plumbing&Heating Plumbing Repairs-AO
13120 $333.00 Morrison,Sonya Reimbursement-Tuition
13121 $327.84 Harrington Industrial Plastics Water Filters&Filter Wrenches For Rental Residences
13122 $315.24 Davison, Steve Reimbursement-Tuition
13123 $313.94 Williams,Mike Reimbursement-Mileage,Cell Phone&Business Meeting
Expense
13124 $311.98 ADT Security Services Alarm Service-FFO
13125 $281.55 R.H.F. Inc. Radar Unit Repair
13126 $277.22 Cal EMA Hazardous Material Training/Field Operations Guides
13127 $262.50 Coblentz, Patch, Duffy&Bass,LLP Legal Services Regarding Copyright Assignment Of The District's
Logo
13128 $252.12 Costco Breakroom Supplies-SFO&FFO
13129 $245.00 Bay Area Backflow Backflow Repair&Test-RSA
13130 $239.99 Continuing Education Of The Bar California Civil Procedure Before Trial Updates
13131 $239.32 Bay Area News Group Legal Advertisement-Notice Of Invitation To Bid For La Honda
Creek Pond Repair
13132 $229.72 Craig Plumbing Company Plumbing Repairs-AO
13133 $228.60 Life Assist First Aid Supplies
13134 $185.67 Conoco Phillips Fuel
13135 $182.66 '4 County Of Santa Clara-Household Hazardous Material Disposal Fee
Hazardous Waste Program
13136 $174.69 Allied Waste Services Garbage Service-Rental Residences
13137 $173.82 Grainger Two Air Guns&Bendable Tube Extensions
13138 $163.35 Goodco Press Printing Services-Citation Notice Of Correction
13139 $161.50 Del Rey Building Maintenance Janitorial Supplies-AO
13140 $161.50 ID Plus Name Tags
13141 $153.00 Radcliffe,Michelle Reimbursement-Registration To Northern California City Clerks
Association Division Meeting/Mileage
13142 $150.78 Cascade Fire Equipment Company Field Supplies-Goggles&Gloves
13143 $150.00 '5 Macias,Gini&O'Connell Intermediate Governmental Accounting Training
13144 $149.95 Reed, Steve Reimbursement-Uniform Expense
13145 $145.02 Anglim Flags Flags-AO
13146 $141.74 Bay Area Air Quality Management Fuel Tank Permit-SFO
District
13147 $141.10 Alamo Lighting Replacement Bulbs-AO
13148 $139.84 Summit Uniforms Uniform Expenses
13149 $121.17 VP II Event Supplies
13150 $120.43 Lampson Tractor Tail Light Assembly&Lens For Tractor/Filters/Antifreeze
13151 $119.00 Coastal Sierra Internet Service-SFO
13152 $115.00 Orkin Pest Control Services-Annex
Page 2 of 3
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Midpeninsula Regional Open Space District
# Amount Name Description
13153 $113.75 San Francisco Chronicle Subscription Renewal
13154 $112.27 Fitzsimons, Renee Reimbursement-Docent Supplies
13155 $108.36 Perez, Mike Reimbursement-Uniform Expense
13156 $103.74 Cupertino Bike Shop Patrol Bike Repairs
13157 $99.79 Heimer, Dennis Reimbursement-Uniform Allowance
13158 $98.32 Shelton Culverts For Trail Work At DHF
13159 $95.00 Coastal Chimney Sweep Chimney Inspection-Folger House
13160 $90.08 San Jose Water Company Water Service-Rental Residence
13161 $89.85 Gou,Vicky Reimbursement-Soundtrack For Video Project
13162 $89.40 McKowan, Paul Reimbursement-Volunteer Supplies
13163 $83.75 The Supply Cache Fire Gear
13164 $83.42 Staples Office Supplies&Tape Dispenser
13165 $82.00 Kwik Key Lock&Safe Company Door Repair-AO
13166 $70.31 CSK Auto Motor Oil&Headlight Bulb For Patrol Truck
13167 $60.00 Bankosh,Michael Reimbursement-Cell Phone
13168 $60.00 Hsieh, Benny Reimbursement-Cell Phone
13169 $60.00 Jurich,Michael Reimbursement-Cell Phone
13170 $56.46 Department Of The Interior-Bureau Incident Response Pocket Guides
Of Land Management
13171 $55.00 Ace Fire Equipment&Service 02 Cylinder Hydrotest
Company
13172 $55.00 Protection One Fire Inspection&Monitoring-AO
13173 $53.26 *6 DFM Associates 2010 California Elections Code Books
13174 $52.00 National Notary Association Notary Membership Renewal-G. Baillie
13175 $50.00 *7 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Trail Reroute At Fremont
Office Older
13176 $48.19 Peterson Tractor Speed Control Switch For Excavator
13177 $48.00 American Red Cross Basic First Aid Training
13178 $43.70 Barron Park Supply Plumbing Supplies For Propane Tank-Rental Residence
13179 $43.00 Allen's Press Clipping Bureau Clipping Service
13180 $30.55 United Parcel Service Parcel Shipping
13181 $12.01 Gibbons,Stephen Reimbursement-Fuel Cap
13182 $10.93 Cermeno,Sal Reimbursement-Uniform Expense
13183 $7.60 Los Altos Hardware Plumbing Supplies-RSA
Total $138,736.65
*1 Urgent check issued 7/8/10
*2 Urgent check issued 7/7/10
*3 Urgent check issued 7/8/10
*4 Urgent check issued 7/7/10
*5 Urgent check issued 7/6/10
*6 Urgent check issued 6/28/10
*7 Urgent check issued 7/6/10
Page 3 of 3
I
^ Claims No. 10-14
Meeting 10-17
Date 7/14/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
13065 $35.377.97 Nvrtxgate Environmental Management Environmental Consulting Services-Review U.S.Army Corps Of
Engineers Work xu Mt. Vmunhum
13066 $11.514.12 Page&Turnbull Architectural&Engineering Services'Fo|gor House Remodel
13067 $9.238.03 LFR Levine Fricke Engineer&Design Services'EC0M Staging Area Project
13068 $6.80e.00 Restoration Design Group Planning&Design Services For The Alpine Pond Long-Term
� Management Project
� 13009 $6.054.68 ~1 La Honda'po»oouam Unified School ra,ComponoamryFeo-Coastsmepmmmionpmgmm
� oio/,im
� 13070 $5.090.58 EOm Two*ncVew Single Use Licenses&One AmG|S Spatial Analyst �
� Single Use License
13071 $4.391.25 Ascent Environmental CEQ*/weP*Strategy For Mt. UmumxumRemadiobon&Planning
13072 $3,965.66 ~u Big Creek Lumber Lumber For Deck Replacement Rental Residence
13073 $3.1e6.e0 Jay*. nanenduz Personnel Matter
13074 *2.829.87 ^S County 0f San Mateo Fire Service Fee'C000mide Protection Program
13075 $271Vg4 C�xAutomotive
. � Vehicle Maintenance a.nuenanma&neoaim �
13076 $2.708.66 So|'a Mobile Service Vehicle Maintenance&nepoim �
13077 *2.508.51 Hoge, Fenton,Jones&Appel Legal Services-Ch|ouomLitigation �
13078 $2.426.45 Hertz Equipment Rental onzerRen,a|-RondxvorxatFmmontOmer
13079 $2.298.88 Ergo Works Ergonomicsnuipment-CxeimFo,GM'vOffiwe �
13080 *1.75720 United Site Services Sanitation Services'RSA
13081 *1.630.95 The Sign Shop Assorted Trail Signs&Miscellaneous Preserve Oignugo
13082 $1.546.89 Gamen|anu Power Equipment Field Supplies/emvhnuwo,Parts/Helmet Parts/Fire Pumper
Pa
rts Sharpened Carbide Chains Pole Pruner
�
13083 *1.288.25 TodonGupp|y Janitorial Supplies �
� 13084 $1.190.49 Office Depot Office Supplies/Break Room Supplies/Hanging File Folders
/
Vvhiteuvam Pens/Fax Cart/Mailing Labels/Sheet Protectors
/
Tape For Label Maker
13085 *1.09*.24 Firestone Complete Auto Care n,ea
� 13086 $nooaV mKrenginoem Survey Work For aFPuC Easement Exchange
13087 $9e5.50 Deborah Mills'Design Concepts Gronmcmevin^aorvineo-Mt. Umunxumomcnu,vo. Business
Cards, Nature Center Sign
13088 $e38.77 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunxum
13089 $910.00 Han»Luemem Reimbursement'Slender False BromeTneptmunt
,SoyV $875.00 Dovidnoioxnng Reimbursement'Slender False ammpTreatment
13081 $856.00 Dvvno.*nna Reimbumemont-TviVnn&Mileage
130e2 *800.00 Alexander,Zachary geimbumoment-Tumon
13093 $7e2.00 po,|utP|umuing P|ummnguenoim-Ronte|Rouivanco
13084 $725.00 Cupertino Medical Group Employee Medical Services �
13095 $685.77 neco|ngy Garbage Service-AO/Oumpem,Service'rFO
13096 *0*3.14 Roessler, Cindy Reimbursement-Sudden Oak Death Workshop Expenses/
Mileage/Cell Phone
�
� 13087 *635.00 Environmental Services Lead&Asbestos Inspection&Testing-polge,House
13098 *625�00 Racoo|oemu,ivs User Manual For Incidents Database
13099 *021.01 Sunnyvale Ford Vehicle Maintenance&Repairs
13100 $559.73 Lab Safety Supply Field Supplies'Gloves, Eye&Ear Protection
13101 $515.10 PIP Printing Printing[f Regulation Handbook
13102 $500.00 Association[x Bay Area Governments Annual Membership Dues
13103 o490D0 Put&Hank Soanett Reimbursement-Slender False BmmaTreatment
13104 $488.25 San Francisco Bay Bird Observatory Nest Surveys pu Monte Bello Burn Area
13105 $487.17 Sufetym|ean Solvent Tank Service&Repairs-SFO&rrO
15106 $47e.00 Aaron's Septic Tank Service PumpingSemioeo-pu,ieimoCemk �
13107 $455.96 Monster Mechanical HVAC Maintenance'AO �
Page`m^
'
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
13108 $430.66 Pine Cone Lumber Lumber For SFO Window Installation/Lumber For Rail At Deer
Hollow Farm Access Road
13109 $430.44 Craftsmen Printing Printing Services-Business Cards
13110 $427.09 Sonoma State University Pacific Giant Salamander Study
13111 $425.00 Residential Garage Doors Garage Door Repair-Rental Residence
13112 $420.00 Mary Zvirbilis Reimbursement-Slender False Brome Treatment
13113 $390.00 Normal Data Maintenance Of Operations Department Database
13114 $371.67 Big Creek Lumber Lumber For Deck Replacement-Rental Residence
13115 $368.75 Ergo Vera Ergonomic Evaluations
13116 $367.07 California Water Service Company Water Service-Windy Hill&AO
13117 $350.00 Nancy Serrurier Reimbursement-Slender False Brome Treatment
13118 $350.00 Jamie Kerr Reimbursement-Slender False Brome Treatment
13119 $337.20 Guy Plumbing&Heating Plumbing Repairs-AO
13120 $333.00 Morrison, Sonya Reimbursement-Tuition
13121 $327.84 Harrington Industrial Plastics Water Filters&Filter Wrenches For Rental Residences
13122 $315.24 Davison,Steve Reimbursement-Tuition
13123 $313.94 Williams, Mike Reimbursement-Mileage,Cell Phone&Business Meeting
Expense
13124 $311.98 ADT Security Services Alarm Service-FFO
13125 $281.55 R.H.F. Inc. Radar Unit Repair
13126 $277.22 Cal EMA Hazardous Material Training/Field Operations Guides
13127 $262.50 Coblentz, Patch,Duffy&Bass,LLP Legal Services Regarding Copyright Assignment Of The District's
Logo
13128 $252.12 Costco Breakroom Supplies-SFO&FFO
13129 $245.00 Bay Area Backflow Backflow Repair&Test-RSA
13130 $239.99 Continuing Education Of The Bar California Civil Procedure Before Trial Updates
13131 $239.32 Bay Area News Group Legal Advertisement-Notice Of Invitation To Bid For La Honda
Creek Pond Repair
13132 $229.72 Craig Plumbing Company Plumbing Repairs-AO
13133 $228.60 Life Assist First Aid Supplies
13134 $185.67 Conoco Phillips Fuel
13135 $182.66 *4 County Of Santa Clara-Household Hazardous Material Disposal Fee
Hazardous Waste Program
13136 $174.69 Allied Waste Services Garbage Service-Rental Residences
13137 $173.82 Grainger Two Air Guns&Bendable Tube Extensions
13138 $163.35 Goodco Press Printing Services-Citation Notice Of Correction
13139 $161.50 Del Rey Building Maintenance Janitorial Supplies-AO
13140 $161.50 ID Plus Name Tags
13141 $153.00 Radcliffe,Michelle Reimbursement-Registration To Northern California City Clerks
Association Division Meeting/Mileage
13142 $150.78 Cascade Fire Equipment Company Field Supplies-Goggles&Gloves
13143 $150.00 *5 Macias,Gini&O'Connell Intermediate Governmental Accounting Training
13144 $149.95 Reed,Steve Reimbursement-Uniform Expense
13145 $145.02 Anglim Flags Flags-AO
13146 $141.74 Bay Area Air Quality Management Fuel Tank Permit-SFO
District
13147 $141.10 Alamo Lighting Replacement Bulbs-AO
13148 $139.84 Summit Uniforms Uniform Expenses
13149 $121.17 VP II Event Supplies
13150 $120.43 Lampson Tractor Tail Light Assembly&Lens For Tractor!Filters/Antifreeze
13151 $119.00 Coastal Sierra Internet Service-SFO
13152 $115.00 Orkin Pest Control Services-Annex
Page 2 of 4
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
13153 $113.75 San Francisco Chronicle Subscription Renewal
13154 $112.27 Fitzsimons, Renee Reimbursement-Docent Supplies
13155 $108.36 Perez,Mike Reimbursement-Uniform Expense
13156 $103.74 Cupertino Bike Shop Patrol Bike Repairs
13157 $99.79 Heimer,Dennis Reimbursement-Uniform Allowance
13158 $98.32 Shelton Culverts For Trail Work At DHF
13159 $95.00 Coastal Chimney Sweep Chimney Inspection-Folger House
13160 $90.08 San Jose Water Company Water Service-Rental Residence
13161 $89.85 Gou,Vicky Reimbursement-Soundtrack For Video Project
13162 $89.40 McKowan, Paul Reimbursement-Volunteer Supplies
13163 $83.75 The Supply Cache Fire Gear
13164 $83.42 Staples Office Supplies&Tape Dispenser
13165 $82.00 Kwik Key Lock&Safe Company Door Repair-AO
13166 $70.31 CSK Auto Motor Oil&Headlight Bulb For Patrol Truck
13167 $60.00 Bankosh, Michael Reimbursement-Cell Phone
13168 $60.00 Hsieh, Benny Reimbursement-Cell Phone
13169 $60.00 Jurich,Michael Reimbursement-Cell Phone
13170 $56.46 Department Of The Interior-Bureau Incident Response Pocket Guides
Of Land Management
13171 $55.00 Ace Fire Equipment&Service 02 Cylinder Hydrotest
Company
13172 $55.00 Protection One Fire Inspection&Monitoring-AO
13173 $53.26 *6 DFM Associates 2010 California Elections Code Books
13174 $52.00 National Notary Association Notary Membership Renewal-G.Baillie
13175 $50.00 *7 Santa Clara County Clerk Recorders CEQA Notice Of Exemption Fee For Trail Reroute At Fremont
Office Older
13176 $48.19 Peterson Tractor Speed Control Switch For Excavator
13177 $48.00 American Red Cross Basic First Aid Training
13178 $43.70 Barron Park Supply Plumbing Supplies For Propane Tank-Rental Residence
13179 $43.00 Allen's Press Clipping Bureau Clipping Service
13180 $30.55 United Parcel Service Parcel Shipping
13181 $12.01 Gibbons,Stephen Reimbursement-Fuel Cap
13182 $10.93 Cermeno, Sal Reimbursement-Uniform Expense
13183 $7.60 Los Altos Hardware Plumbing Supplies-RSA
13184 R $4,775.00 Diane West-Bourke Outdoor Activity Docent Training-Ten Week Course
13185 R $3,067.54 Cresco Equipment Rentals Equipment Rental -Two Excavators For White Oak Trail
Construction
13186 R $2,535.00 Normal Data Database Services-Contact&Insurance Tracking
13187 R $1,020.99 Firestone Complete Auto Care Tires
13188 R $891.94 Home Depot Field Supplies/Rental Residence Expenses-Parts To Repair
Broken Water&Electrical Line In Propane Trench/Plumbing
Supplies For Main Line Water Repair At RSA/Screen Doors For
Rental Residences/Septic Tank Treatment/Table Stand For
Board Room
13189 R $388.47 Petty Cash Office Supplies/Parking&Mileage/Car Washes For District
Vehicles/Business Related Meals/Docent Training Expenses/
Batteries/AO Cleanup Day Supplies
13190 R $383.55 Ergo Works Adjustable Arm Kits For GM's Office Chairs
13191 R $380.00 Department Of Toxic Substance EPA ID Number Verification Fees For SFO&FFO
Control
13192 R $185.00 Bay Area Backflow Backflow Repair-RSA
13193 R $114.71 Cascade Fire Equipment Company Fire Parts For Maintenance Truck
13194 R $110.00 Chung,Jean Reimbursement-Mileage
Page 3 of 4
Claims No. 10-14
Meeting 10-17
Date 7/14/10
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
13195 R $84.78 Barron Park Supply Plumbing Pipes For Restroom Repair-RSA
13196 R $70.34 Stevens Creek Quarry Base Rock For Repairs To Equestrian Parking Lot At RSA
13197 R $63.91 Peninsula Digital Imaging Map Mounting
13198 R $32.25 Radcliffe, Michelle Reimbursement-Fair Political Practices Commission Training
Expenses
13199 R $22.84 Gou,Vicky Reimbursement For Domain Registration
Total $152,861.87
*1 Urgent check issued 7/8/10
*2 Urgent check issued 717/10
*3 Urgent check issued 7/8/10
*4 Urgent check issued 7/7/10
*5 Urgent check issued 7/6/10
*6 Urgent check issued 6/28/10
*7 Urgent check issued 7/6/10
Page 4 of 4
y
i
Midpeninsula Regional
! • ' Open Space District
R-10-68
Meeting 10-17
July 14, 2010
AGENDA ITEM 4
AGENDA ITEM
Informational Presentation on Wildlife Corridor Research.
GENERAL MANAGER'S RECOMMENDATION
Receive a presentation on Wildlife Corridor Research.
SUMMARY
The Wildlife Corridor Stewardship Team, part of the Environmental Studies Department at De
Anza College, is investigating wildlife movement through Midpeninsula Regional Open Space
District (District) Preserves and surrounding lands with a focus on the Highway 17 corridor
between the Town of Los Gatos and Summit Road. The Wildlife Corridor Stewardship Team is
working throughout the Central Coast region of California to identify and study critical wildlife
linkages. Due to the District's extensive land ownership in the Santa Cruz Mountains and its
interest in protecting habitat, the District is collaborating and supporting this research through the
Resource Management Grant Program.
DISCUSSION
The De Anza College Wildlife Corridor Stewardship Team (Research Team) is conducting a
five-year critical wildlife linkages research project to determine wildlife movement and
connectivity between the west and east sides of Highway 17 in the vicinity of Bear Creek
Redwoods and E1 Sereno Open Space Preserves, and Santa Clara County lands (Moody Gulch
and Sycamore). This information will be used to develop recommendations to agencies on
methods to enhance the safe movement of wildlife across Highway 17. Other goals of this
project are to determine relative abundance of both bobcats and mountain lions, to locate choke
points and high-use areas, and to determine detection rates. The Research Team collected
wildlife presence/absence data using remote cameras and other wildlife signs. The team also
identified and surveyed road crossing structures in the vicinity that could potentially be used by
animals.
The Research Team has been studying movement through Coyote Valley, a critical connectivity
point between the Diablo Range and Santa Cruz Mountains. Their efforts and data were
incorporated into the review of the proposed Coyote Valley development in 2007-2008 and the
y R-10-68 Page 2
• draft Environmental Impact Report process for the proposed Gavilan College project. Students
who participate in these studies receive training on wildlife identification techniques while
contributing to a Local conservation effort.
Ryan Phillips, Conservation Biologist with the Research Team, will provide background on the
project, present a summary of the first year's data collection efforts, and provide information on
future steps.
FISCAL IMPACT
There is no fiscal impact associated with this presentation. The District granted $5,000 to the
project as part of the Resource Management Grant Program in FY2008-09 and $4,500 in
FY2009-10. The District anticipates providing an additional $15,500 of funding through
FY2012-13, if approved, for a total amount not to exceed $25,000.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
a research project and therefore not a project subject to the California Environmental
This item is p � p J
Quality Act. j
NEXT STEP
Staff will provide the Board with periodic updates on the status of the research.
Prepared by:
Galli Basson, Planning Technician
Contact person:
Same as above
A
Midpeninsula Regional
• ' Open Space District
R-10-82
Meeting 10-17
July 14, 2010
AGENDA ITEM 5
AGENDA ITEM
Approval of Salary Adjustments and Amended Employment Agreements for the Board
Appointees: General Manager, General Counsel and District Controller.
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the performance of the District's Board Appointees
for Fiscal Year 2009-10, the Ad Hoc Board Appointee Evaluation Committee recommends
the following compensation adjustments for its Board Appo
intees for Fiscal
Year 20 10-11:
and a 4.5 percent
a award,
a 2.5 percent cost-of-living salary adjustment, a 5/o meritorious payp
parity salary adjustment for the General Manager.
2. Adopt the attached resolutions approving the salary adjustments and merit pay awards set out
in Recommendation 1 and authorizing the Board President to execute the attached
Amendments to the Board Appointee Employment Agreements.
DISCUSSION
Last year, the Board worked with the Ad Hoc Board Appointee Evaluation Committee to
establish a more structured and updated evaluation process for its Appointees. The Board
implemented this process and completed this year's annual evaluation of the performance of its
Board Appointees at its June 9, 2010 meeting. The Board was pleased with the performance of
its Appointees during the last fiscal year and resulting success of District programs and projects
carried out as part of their duties.
The Ad Hoc Board Appointee Evaluation Committee was instructed to serve as the District's
negotiator and met with the Board Appointees to discuss their performance and compensation.
As a result of the Board's performance evaluation, the Committee recommended providing its
Appointees with a 2.5 percent cost-of-living salary increase for Fiscal Year
2010-11. The Committee is also recommending a 4.5 percent salary parity adjustment for the
General Manager for the reasons set out in this report.
I
R-10-82 Page 2
Based on the Board's review of the Board Appointee's performance during the evaluation period,
the Committee also recommends that a 5%meritorious pay award of current salary be granted to
each Appointee. This award is not a salary adjustment, but rather is granted as a one-time award
in recognition of their excellent overall performance during Fiscal Year 2009-10. The Board
was also very pleased with its Appointees' performance during the previous Fiscal Year
2008-09. However, given the deteriorating and uncertain local revenue circumstances at that
time, the Board determined it was not appropriate to provide any meritorious pay awards or
salary parity adjustments for its Appointees' employment agreements during that year.
Accordingly, no merit pay nor salary parity adjustments were awarded during the Fiscal Year
2008-09 performance review period.
The accomplishments for Fiscal Year 2009-10, upon which the Appointees' evaluations were
based, were described in detail in the Year-End Review of the Fiscal Year 2009-10 Action Plan
presented at the June 9, 2010 Board meeting(Report R-10-70). Further evaluation comments
from the Board Appointee Evaluation Committee and the full Board were provided to each
appointee during their performance evaluations.
The Board reviewed a compensation study for the General Manager position. A survey of
comparable agencies indicates that the General Manager's salary is well below the market
median. The survey showed a market deficit for the General Manager position of 22.29%.
The Board also reviewed the salary differential between the annual salaries of the General
Manager and the General Counsel classifications. That study showed the market range of such
increment is 8.03% to 21.06% and the market median is 9.11%
It is the recommendation of the Ad Hoc Committee that some parity adjustment is in needed at
this time to keep the General Manager position from falling farther behind market both in terms
of internal relationship to the General Counsel's salary and to the market median for comparable
positions. Accordingly, the Committee recommends that a 4.5 percent salary parity adjustment
be approved at this time. After inclusion of the 2.5% COLA and the 4.5%parity adjustment,the
General Manager's salary would still remain about 15.29%below market median; and the
internal relationship differential would become 4.68 %.
FISCAL IMPACT
The fiscal impact of the proposed amendments has been included in the Fiscal Year 20 10-11
budget, with the exception of the parity adjustment for the General Manager. The parity
adjustment, if approved, would need to be addressed during the midyear budget review. If
approved, the amendments would have the following fiscal impact:
General Manager COLA, Salary Adjustment and Merit Pay: $20,484.88
General Counsel COLA and Merit Pay: $12,662.77
Controller COLA and Merit Pay: $1,500.48
The District's accounting staff process District payroll via the ADP payroll system which
R-10-82 Page 3
requires annual salaries to be calculated using hourly rates. This necessitates rounding up or
down to coincide with an hourly rate capable of being processed (for example, avoiding hourly
rates containing increments to the fourth or filth decimal). This results in a very sligh
t deviation
from straight percentage calculations. Setting salaries this way, even though this fiscal impact is
de minimis, assists the accounting staff in processing payroll.
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is
necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act.
NEXT STEPS
If approved, the employment agreements will go into effect July 14, 2010, with salary
adjustments effective April 1, 2010.
Attachments:
1. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
General Manager
2. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
General Counsel
3. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
District Controller
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(Directors Davey, Hanko, and Riffle)
I
RESOLUTION NO. 10-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT APPROVING AN AMENDED
EMPLOYMENT AGREEMENT FOR THE
DISTRICT GENERAL MANAGER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Manager Employment
Agreement ("Agreement") with Stephen E. Abbors, employing him as the District's
General Manager; and
WHEREAS, the Agreement provides for an annual review of the General
Manager's performance and determination of meritorious pay, which the Board has
completed; and
WHEREAS, the Board, based on its annual review of the General Manager's
performance, desires to grant him a 2.5 percent cost of living adjustment and a 4.5
percent parity adjustment to his annual salary and a meritorious pay award of 5 percent of
his current annual salary in recognition of his performance during Fiscal Year 2009-2010;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Manager by adoption
of this resolution a 2.5 percent cost-of-living salary adjustment and an additional 4.5
percent parity salary adjustment to his current annual salary retroactive to April 1, 2010
for Fiscal Year 2010-11, and a meritorious pay award in the amount of 5 percent of his
current annual salary, and authorizes the President of the Board of Directors or other
authorized Board Officer to execute the attached First Amendment to the District General
Manager Employment Agreement.
FIRST AMENDMENT
To EMPLOYMENT AGREEMENT
DISTRICT GENERAL MANAGER
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into that certain District General Manager Employment Agreement ("Agreement"), dated
July 8, 2009 with Stephen E. Abhors, employing him as the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of District General Manager's
performance and compensation; and
WHEREAS, the Board, based on its annual review of the General Manager's
performance, desires to grant him a 2.5 percent cost of living adjustment and a 4.5 percent parity
salary adjustment to his annual salary;
NOW, THEREFORE, the parties agree that the Agreement shall hereby be amended as
follows:
I Section 5(A) is hereby amended to read as follows:
A. As compensation for services to be performed hereunder, the General Manager
shall receive an annual salary at the rate of$181,153.44, retroactive to April 1,
2010.
It is further agreed that in all other respects the Agreement is unmodified and shall
continue in full force and effect.
In witness thereof, the parties have executed this First Amendment this 14th day of July,
2010.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Mary Davey, President Stephen E. Abbors, General Manager
Board of Directors
Date: Date:
ATTEST:
Michelle Radcliffe, District Clerk
Date:
r
RESOLUTION NO. 10-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT APPROVING AN AMENDED
I EMPLOYMENT AGREEMENT FOR THE
DISTRICT GENERAL COUNSEL
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Counsel Employment
Agreement("Agreement") with Susan M. Schectman, employing her as the District's
General Counsel; and
i
WHEREAS,the Agreement provides for an annual review of the General
Counsel's performance and determination of meritorious pay, which the Board has
completed; and
WHEREAS, the Board, based on its annual review of the General Counsel's
performance, desires to grant her a 2.5 percent cost of living adjustment to her annual
salary and a meritorious pay award of 5 percent of her current annual salary in
recognition of her performance during Fiscal Year 2009-2010;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Counsel by adoption
percent cost-of-living adjustment of this resolution a 2.5 p g Justment to her current annual salary
retroactive to April 1, 2010 for Fiscal Year 2010-11, a meritorious pay award in the
amount of 5 per cent of her current annual salary and authorizes the President of the
Board of Directors or other authorized Board Officer to execute the attached First
Amendment to the District General Counsel Employment Agreement.
i
I
i
FIRST AMENDMENT
TO EMPLOYMENT AGREEMENT
DISTRICT GENERAL COUNSEL
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into that certain District General Counsel Employment Agreement ("Agreement"), dated
July 8, 2009 with Susan M. Schectman, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of District General Counsel's
performance and compensation; and
WHEREAS, the Board, based on its annual review of the General Counsel's
performance, desires to grant her a 2.5 percent cost of living adjustment to her annual salary;
NOW, THEREFORE, the parties agree that the Agreement shall hereby be amended as
follows:
j 1. Section 5(A) is hereby amended to read as follows:
A. As compensation for services to be performed hereunder, Attorney shall receive
an annual salary at the rate of$173,064.32, retroactive to April 1, 2010.
It is further agreed that in all other respects the Agreement is unmodified and shall
continue in frill force and effect.
In witness thereof, the parties have executed this First Amendment this 14th day of July,
2010.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Mary Davey, President Susan M. Schectman, District General
Board of Directors Counsel
Date: Date:
ATTEST:
Michelle Radcliffe, District Clerk
Date:
I
i
RESOLUTION NO. 10-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT APPROVING AN AMENDED
EMPLOYMENT AGREEMENT FOR THE
DISTRICT CONTROLLER
WHEREAS, effective July 8, 2009, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District Controller Employment Agreement
("Agreement") with Michael L. Foster , employing him as the District's District
Controller; and
WHEREAS, the Agreement provides for an annual review of the District
Controller's performance and determination of meritorious pay, which the Board has
completed; and
WHEREAS, the Board, based on its annual review of the Controller's
performance, desires to grant him a 2.5 percent cost of living adjustment and a
meritorious pay award of 5 percent of his current annual salary in recognition of his
perfor
mance during Fiscal Year 2009-2010,
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpenm Controller by Regional Open Space District does grant the y adoption of this
resolution a 2.5 percent cost-of-living salary adjustment to his current annual salary
retroactive to April 1, 2010 for Fiscal Year 2010-11, and a meritorious pay award in the
amount of 5 per cent of his current annual salary and authorizes the President of the
Board of Directors or other authorized Board Officer to execute the attached First
Amendment to the District Controller Employment Agreement.
FIRST AMENDMENT
To EMPLOYMENT AGREEMENT
DISTRICT CONTROLLER
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into that certain District Controller Employment Agreement ("Agreement"), dated July
8, 2009 with Michael L. Foster, employing him as the District's Controller; and
WHEREAS, the Agreement provides for an annual review of District Controller's
performance and compensation; and
WHEREAS, the Board, based on its annual review of the Controller's performance in
Fiscal Year 2009-10, desires to grant him a 2.5 percent cost of living adjustment and a 5 percent
meritorious pay award based upon his current annual salary;
NOW, THEREFORE, the parties agree that the Agreement shall hereby be amended as
follows:
1. Section 3(A) is hereby amended to read as follows:
A. As compensation for services to be performed hereunder, the Controller shall
receive an annual salary at the rate of$20,500.48, retroactive to April 1, 2010.
It is further agreed that in all other respects the Agreement is unmodified and shall
continue in full force and effect.
In witness thereof, the parties have executed this First Amendment this 14th day of July,
2010.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Mary Davey, President Michael L. Foster, District Controller
Board of Directors
Date: Date:
ATTEST:
Michelle Radcliffe, District Clerk
Date:
Midpeninsula Regional
i
Open Space District
R-10-65
Meeting 10-17
July 1.4, 2010
AGENDA ITEM 6
AGENDA ITEM
Proposed Exchange of Easements with the City and County of San Francisco at Ravenswood
Open Space Preserve in the Cities of East Palo Alto and Menlo Park, including Amendment of
the existing Comprehensive Use and Management Plan to reflect the conveyance of a Tunnel
Easement to the City and County of San Francisco, Adoption of a Preliminary Use and
Management Plan for the Open Space Easement to be conveyed to the District, Consideration of
the EIR certified by the San Francisco Public Utilities Commission, Adoption of a Statement of
Overriding Considerations, and Determination that Acceptance of the Open Space Easement is
Categorically Exempt in accordance with the California Environmental Quality Act (San Mateo
County Assessor Parcel Numbers 063-590-060, 096-230-150, 093-590-030, 093-590-050, and
093-590-060)
GENERAL MANAGER'S RECOMMENDATIONS
1. As a Responsible Agency under the California Environmental Quality Act (CEQA),
independently consider the Environmental Impact Report (EIR) certified by the San
Francisco Public Utilities Commission (SFPUC); adopt applicable portions of the
Mitigation Monitoring and Reporting Program of the Final EIR; adopt a Statement of
Overriding Considerations as to one potential environmental impact; and, as Lead
Agency under CEQA, determine that the acceptance of the Open Space Easement is
categorically exempt from CEQA, all as more fully set forth in this staff report.
2. Adopt the attached Resolution approving the Agreement to exchange interests in real
with the City and Count of San Francisco ("City") and authorize the President
property Y
Y
of the Board of Directors to execute the Agreement and the attached documents
exchanging easement interests between the City and the District.
3. Adopt the Preliminary Use and Management Plan for the Open Space Easement being
acquired and, as to the Tunnel Easement, amend the existing Comprehensive Use and
Management Plan for the Ravenswood Open Space Preserve as set forth in this staff
report. I
SUMMARY
An exchange of easements is proposed whereby the District would grant to the City a subsurface
tunnel easement underneath Ravenswood Open Space Preserve for a new transbay water
pipeline, and in exchange the City would grant to the District an open space easement across a
ICI
R-10-65 Page 2
portion of adjacent City lands in order to preserve an unobstructed corridor for a future proposed
public trail easement to close a critical gap in the San Francisco Bay Trail.
DISCUSSION
Project Parameters
On behalf of the City, the San Francisco Public Utilities Commission (SFPUC) is seeking to
acquire a subsurface tunnel easement underneath the District's Ravenswood Open Space
Preserve to secure the right of way for a new transbay water pipeline to be constructed as part of
a major reliability upgrade project for the Hetch Fletchy regional water distribution system. The
new transbay pipeline will be tunneled beneath San Francisco Bay from Fremont to Menlo Park,
a distance of approximately five miles. The proposed alignment of the subsurface pipeline
crosses the northeastern corner of Ravenswood Open Space Preserve (see site map attached as
Exhibit A to this report). The desired tunnel easement would be approximately 1,925 feet in
length and run beneath the surface of the Preserve at a depth between 42 and 119 feet below
grade. The pipe itself will be ten feet in diameter, and would emerge to the surface on City lands
immediately north of the Preserve near the SFPUC valve station that distributes water flowing
through two existing surface pipelines that cross the bay. A tunnel boring machine will be used
to construct the new transbay pipeline, and no surface rights are required by the SFPUC either to
construct or maintain the pipeline.
Public Resources Code and Regional Planning
Ravenswood Open Space Preserve has been dedicated by the District for open space purposes
under Public Resources Code §5540. The District's enabling legislation sets forth specific
requirements for conveying an interest in dedicated open space lands. PRC §5540.5 allows the
District, by unanimous vote of the Board of Directors,to convey any real property or interest in
real property dedicated for open space purposes in exchange for other real property or interest in
real property of equal or greater value and necessary for open space purposes. The District has
proposed that the City grant a public trail easement across City lands adjacent to Ravenswood
Open Space Preserve in order to close a gap in the San Francisco Bay Trail between the preserve
and University Avenue. The proposed trail easement would secure the right-of-way necessary to
connect an existing section of the Bay Trail at Ravenswood Open Space Preserve to University
Avenue and the bicycle lanes along the shoulders of this street. These bicycle lanes connect to a
designated section of the Bay Trail along Highway 84. A future sidewalk along the east side of
University Avenue between Purdue Avenue and Highway 84 is envisioned by the Bay Trail
Project that would complete the pedestrian connection. Bay Trail advocates have long sought to
create this multi-use trail link between Ravenswood Open Space Preserve and Highway 84, most
recently during a 2004-05 Bay Trail feasibility study under-taken by the City of Menlo Park to
evaluate the opportunities and constraints to creating this link. The City of East Palo Alto, the
SFPUC, the District, and other stakeholder agencies and groups participated on the task force
formed for this planning effort.
Open Space Easement and Trail Easement
The City is receptive to the concept of a public trail easement that would help make this link in
the Bay Trail possible. However, before the City is able to grant a trail easement to the District,
further study is needed to determine a trail alignment and design that will not conflict with
SFPUC's use and management of the City's lands or conflict with surrounding land uses, that
will avoid or minimize environmental impacts, and that will offer an enjoyable user experience
consistent with the goals of the San Francisco Bay 'Frail Project. Additionally, the City of East
R-10-65 Page 3
Palo Alto is currently evaluating the potential for a future multi-modal loop road to the north of
University Village that would connect the Ravenswood Business District with University
Avenue and include a pedestrian and bicycle trail. The alignment of this potential new loop road
follows a portion of the same route being considered for the public trail easement, and will also
need to be considered in identifying an appropriate Bay Trail alignment and design.
In order to hold to its project timeline, the SFPUC must secure all necessary rights-of-way for
the new pipeline within the next few months. As it will not be possible to complete the trail
study and negotiate a trail easement acceptable to both the SFPUC and the District within the
pipeline project timeline, the SFPUC has proposed granting an open space easement to the
District that will preserve an unobstructed corridor across City lands within which a future trail
easement can be located. The proposed 50 foot wide open space easement would run generally
along the route of the proposed public trail easement as shown on the attached map (Exhibit A)
and identified in the 2004-05 Bay Trail feasibility study. As contemplated in the exchange
agreement, once a trail alignment and design acceptable to both parties has been identified, the
District would quitclaim the open space easement back to the City, and in return the City would
grant the public trail easement to the District.
Resolution of Necessity
Because of the scale and complexity of the Hetch Hetchy water system upgrade project,timely
possession of the necessary rights-of-way along the proposed route of the new pipeline is critical
to ensuring the project schedule does not slip. Consequently, the San Francisco Board of
Supervisors adopted a Resolution of Necessity on November 24, 2009 to preserve the City's
right to initiate condemnation proceedings against the District in the event the City and District
are unable to complete the proposed exchange of easements in timely fashion. An Agreement to
Toll the six month statute of limitations on bringing an action based on the Resolution of
Necessity expires on July 15, 2010.
USE AND MANAGEMENT
Planning Considerations
The Comprehensive Use and Management Plan for Ravenswood Open Space Preserve, adopted
on April 5, 1990 (see R-90-53), requires amendment to reflect the District's conveyance of a
subsurface tunnel easement to the City for construction of the new transbay pipeline. The
exchange of easements also requires adoption of a Preliminary Use and Management Plan for the
open space easement as an addition to the Preserve. The open space easement does not convey
rights of access or use by the general public nor does it convey any right or obligation to the
District to patrol the easement area for public safety purposes. The easement permits the District
to enter and monitor the easement area for compliance with the terms of the open space easement
and for purposes of studying the feasibility of a future public trail easement.
Adoption of the Preliminary Use and Management Plan for the open space easement and
adoption of the amendment of the Comprehensive Use and Management Plan for Ravenswood
Open Space Preserve will both take effect at the close of escrow. Both plans will remain
effective until further amended.
R-10-65 Page 4
PreliminaryUse and Management Plan (Next Steps)
g
The Preliminary Use and Management Plan for the open space easement represents a status quo
approach to management. The easement area will continue to be owned, operated and managed
by the City. The Preliminary Use and Management Plan includes the following elements:
i
Public Access: No public access is conveyed by this easement.
Signs and Site No District signs will be installed.
Security:
Document Baseline Perform an initial inspection of the open space easement to photo
Conditions: document the existing conditions within the easement area at the time
the easement is conveyed to the District.
Easement Regular inspection of the open space easement area to be carried out by
Monitoring: the District to ensure compliance.
Site Safety Preliminary site safety inspection has been conducted and there are no
Inspection: known safety hazards within the open space easement area.
Name: Designate the open space easement as an addition to Ravenswood Open
Space Preserve.
Dedication: Indicate the Board's intention to withhold dedication of the open space
easement for public open space purposes pending replacement of the
open space easement with a public trail easement.
Subsequent Conduct a feasibility study to identify a suitable trail alignment and
in 7: design for the purposes of acquiring a public trail easement to secure the
Planet q g
g g P p
right-of--way for a future Bay Trail co
nnection.
CEQ A COMPLIANCE
Project Description
n approximately 1 925 feet
easement subsurface tunnele
The project consists of the conveyance of a pp Y
in length from the District to the City in exchange for the conveyance of a 50 foot wide open
space easement approximately one-half mile in length from the City to the District. The
pp nta
proposed tunnel easement is further described in the SFPUC's Environmental Impact p Report ort for
the Bay Division Pipeline Reliability Upgrade Project, certified by the SFPUC on July 14, 2009.
The project also includes the District's concurrent adoption of a Preliminary Use and
Management Plan for the open space easement, which specifies that the easement conditions will
be monitored and enforced by the District in order to maintain the easement area in its current
unobstructed, open space condition, and the District's adoption of an amendment to the
Comprehensive Use and Management Plan for the Preserve to reflect the granting of the Tunnel
Easement.
The site of the proposed open space easement is located within the Ravenswood Valve Lot
the SFPUC situated south of the Highway 84 approach to
caned b the Ci
ty and managed b g Y pp
o Y Y g Y
the Dumbarton Bridge and east of University Avenue in the cities of East Palo Alto and Menlo
R-10-65 Page 5
Park (see Exhibit A attached to this staff report). The open space easement will run along the
southern edge of the City's valve lot between the East Palo Alto residential community of
University Village immediately to the south and the Dumbarton Rail right-of-way immediately
to the north. A narrow, paved private service road maintained by the SFPUC travels through the
western segment of the proposed open space easement, providing access from University
Avenue to the valve station operated by SFPUC as part of its Hetch Hetchy regional water
distribution system. The service road will be used for construction of the transbay water pipeline
project. The vegetation in this area generally consists of low-growing non-native grassland
species. The eastern segment of the open space easement crosses coastal saltwater marsh
extending from Ravenswood Open Space Preserve along the perimeter of the City's lands.
CEQA Determination—Bay Tunnel Project
The environmental impacts of the SFPUC transbay water pipeline project, including a subsurface
tunnel across Ravenswood Open Space Preserve ("Bay Tunnel Project") were evaluated in the
SFPUC's Environmental Impact Report for the Bay Division Pipeline Reliability Upgrade
Project, On July 14, 2009, the SFPUC, as the Lead Agency, approved the Bay Tunnel Project,
and, in so doing, adopted findings under CEQA, Public Resources Code section 21000 et seq.,
including a Statement of Overriding Considerations for the Project's four significant and
unavoidable impacts (Aesthetics, Cultural Resources,Noise and Vibration, and Transportation
and Traffic), and in addition adopted a Mitigation Monitoring and Reporting Program.
The District is a"Responsible Agency" under CEQA for the Bay Tunnel Project. A Responsible
Agency means an agency, other than the Lead Agency, which has approval authority for a
project. CEQA requires that the District, as a Responsible Agency, also adopt CEQA findings.
Accordingly, the District, as to those parts of the Bay Tunnel Project that it is considering,
independently concludes that the direct and indirect environmental effects of the Bay Tunnel
Project were adequately addressed by the Final EIR. Based on substantial evidence, the District
finds that:
(1) Changes or alterations have been required in, or incorporated into, the Bay Tunnel
Project which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR; and that
(2) Such changes or alterations are within the responsibility and jurisdiction of another
public agency and not the District. Such changes have been adopted by such other
agency or can and should be adopted by such other agency.
As a Responsible Agency under CEQA, the District also adopts, as to those parts of the Bay
Tunnel Project applicable to its approval of the grant of tunnel easement, the Mitigation
Monitoring and Reporting Program of the Final EIR, specifically Impact REC-2b(Advance
Notification), which will permit the District to timely inform Preserve visitors of the potential for
temporary deterioration of the quality of the recreational experience arising from project
construction noise.
CEQA also requires both a Lead Agency and a Responsible Agency to balance the
environmental and other benefits of a project with unavoidable potential environmental impacts
when approving a project. If an agency determines that the environmental or other benefits of a
project outweigh a potential adverse environmental impact, the agency may adopt a Statement of
Overriding Considerations confirming this determination. Accordingly, the District further
R-10-65 Page 6
finds, in conformity with the EIR and Statement of Overriding Considerations adopted by the
i SFPUC, that the Bay Tunnel Project would be excavated through Holocene period sediments,
which may contain as yet undiscovered archaeological resources. Use of a tunnel-boring
machine would prevent the possibility of monitoring and could adversely affect as yet
undiscovered archaeological resources that may be present within the tunnel easement area. As a
result, this potential impact on archaeological resources could be significant and unavoidable at
both a project and cumulative level. The District concludes, on balance, that substantial
evidence in the record supports the public objectives served by the Bay Tunnel Project and that
such evidence overrides the potential for impacts to as yet unknown and undiscovered
archaeological resources potentially lying within District lands.
The District's goal in undertaking its programs and projects is to, among other things, be alert
and sensitive to the interests of stakeholders and all its constituents interested in District projects.
Although the proposed tunnel easement under a portion of Ravenswood Open Space Preserve
will be but a very small subsurface segment of the SFPUC's large-scale pipeline upgrade project,
and although no archaeological resources are known to exist at the surface or at depth at the
project site, CEQA requires the District to adopt the CEQA findings set out in this report in order
to meet its statutory obligations as a Responsible Agency.
CEQA Determination—Open Space Easement
The District concludes that acceptance of the open space easement will not have a significant
effect on the environment. It is categorically exempt from CEQA under Article 19, Section
15317 of the CEQA Guidelines as follows:
Section 15317 exempts the acceptance of easements or fee interests in order to maintain the open
space character of the area. The District will acquire an open space easement interest that serves
to restrict the SFPUC from constructing any permanent structures that would be incompatible
the easement area in its unobstructed, open ace condition. The District's
with preserving P p
i
p g
Preliminary Use and Management Plan for the open space easement specifies that the District
will periodically inspect the easement to ensure the SFPUC's compliance in maintaining the
easement area in its current open space condition.
The City's Planning Department has also separately determined on May 13, 2010, that the grant
of theo en space easement to the District is categorically exempt from CEQA
A under
Article 19,
Section 15317 of the CEQA Guidelines.
TERMS AND CONDITIONS
Under the terms of the exchange agreement, the District will grant to the City a permanent,
exclusive subsurface tunnel easement underneath Ravenswood Open Space Preserve along an
alignment generally depicted in Exhibit A to this report, and comprising a horizontal plane
approximately 2.14 acres in size. The subsurface tunnel easement will be at a depth between 42
and 119 feet below grade as it travels underneath the Preserve. No surface rights or rights to
surface entry are granted in the tunnel easement.
In exchange, the City will grant to the District a permanent, non-exclusive open space easement ��
50 feet in width along an alignment generally depicted in Exhibit A to this report. The open
space easement is approximately one-half mile in length and 2.88 acres in size. The open space
easement will restrict the SFPUC from constructing any permanent structures that would be
i
R-10-65 Page 7
incompatible with preserving the easement area in its current open space condition. The SFPUC
is otherwise permitted to continue present uses of its property within the open space easement, in
particular, the right to maintain, improve, expand or relocate the existing service road leading
from University Avenue to SFPUC's valve station.
The exchange agreement includes a provision whereby both parties agree to cooperate on
identifying a suitable alignment for a 20 foot wide public trail easement across City lands
connecting Ravenswood Open Space Preserve to University Avenue. Upon any future grant of a
public trail easement from the City to the District, the District would quitclaim and convey the
open space easement back to the City.
Escrow costs to complete the exchange will be shared equally, and each party will obtain title
insurance at its own election and cost.
BUDGET CONSIDERATIONS
No purchase costs will be incurred by the District in acquiring the open space easement, which is
of equal or greater value to the tunnel easement to be conveyed to the City. The only costs to be
incurred by the District will be for survey work, escrow services and title insurance, estimated to
be no more than $4,000.
PUBLIC NOTICE
Property owners and residents of land located adjacent to or surrounding the proposed open
space easement and tunnel easement have been mailed the agenda for the Board meeting at
which the proposed exchange of easements will be considered. The agenda has also been mailed
to adjoining neighbors within the University Village community of East Palo Alto due to the
proximity of the community to the proposed open space easement. The agenda and this report
have been made available on the District's website. Accordingly, all public notice required by
the Brown Act has been provided. In addition, the agenda and this report have been mailed to
the San Francisco Bay Trail Project and supporting public agency stakeholders including the
cities of East Palo Alto and Menlo Park, the San Mateo County Parks Department, and the U.S.
Fish and Wildlife Service San Francisco Bay National Wildlife Refuge Complex.
NEXT STEPS
Upon approval by the Board of Directors, the attached Exchange Agreement and Board
Resolution will be transmitted to the City for consideration and approval as necessary by its
Public Utilities Commission, Mayor's Office, and Board of Supervisors. In order to move
forward in identifying a suitable route for a public trail easement to replace the open space
easement, staff will proceed with soliciting proposals from qualified consultants to assist in
evaluating trail alignment alternatives and completing the necessary environmental review. Staff
will return to the Board in the near future for approval to award a contract to the consultant
selected to assist staff on this project. The process to evaluate trail alignment alternatives and
identify a preferred route for the trail easement will include consultation with interested public
officials and agencies and opportunity for public input and involvement.
Attachments:
1. Resolution
R-10-65 Page 8
2. Exhibit A—Site Map
Prepared by:
Michael Reeves, Real Property Specialist
Contact person:
Michael Reeves, Real Property Specialist
Graphics prepared by:
Zachary Alexander, Planning Technician
i
RESOLUTION NO. 10-
RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT AUTHORIZING OFFICER TO EXECUTE AGREEMENT
TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER OR
GENERAL MANAGER TO EXECUTE GRANT OF TUNNEL EASEMENT,
AUTHORIZING OFFICER OR GENERAL MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE OF GRANT OF OPEN SPACE EASEMENT AND AGREEMENT
TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF
THIS TRANSACTION (RAVENSWOOD OPEN SPACE PRESERVE—LANDS OF THE
CITY AND COUNTY OF SAN FRANCISCO)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
1. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the
offer contained in that certain Agreement to Exchange Interests in Real Property between the
City and County of San Francisco, a municipal corporation("City") and Midpeninsula Regional
Open Space District, a copy of which is attached hereto and by reference made a part hereof, and
authorizes the President or other appropriate officer to execute this Agreement on behalf of the
District.
2. The President of the Board of Directors, General Manager or other appropriate officer is
authorized to execute the Grant of Tunnel Easement granting the real property interest being
conveyed therein by the District.
3. The President of the Board of Directors, General Manager or other appropriate officer is
authorized to execute the Certificate of Acceptance for the Grant of Open Space Easement and
Agreement on behalf of the District.
4. The General Manager of the District or his designee shall cause to be given appropriate notice
of acceptance to City. The General Manager and General Counsel are further authorized to
approve any technical revisions to the attached Agreement and other transactional documents
which do not involve any material change to any term of the Agreement or other transactional
documents, which are necessary or appropriate to the closing or implementation of this
transaction.
5. The General Manager of the District or his designee is authorized to expend up to $5,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
6. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public
Resources Code of the Sate of California, the granting and acceptance of these easements is
consistent with Public Resources Code 5540.5, that the interest in real property being acquired
by the District is of equal or greater value than the interest in real property being transferred to
the City, and is necessary to be acquired for open space purposes.
San Francisco Public Utilities Commission
' (SFPUC) 4 ,
Don Edwards
San Francisco Bay '' • ,peline
National Wildlife Refuge Pipeline sore site '` y
(Salt Pond SF2)
Proposed Tunnel
Easement
AW
�T °ter^• _ F�tavenswood
I IT,�k
x - -- Open Space Presery
c
an. , Proposed Open Space Easement
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-
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San Francisco Bay Trail
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Exhibit A: Exchange of Easements with San Francisco Public Utilities Commission Midpeninsula Regional
Open Space District
Proposed Open Space Easement May 2010
Proposed Pipeline Route e
■ Existing Bay Trail _——___ Feet
6 50 5W 1 GOO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
This AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
("Agreement") is made by and between the Midpeninsula Regional Open Space District, a
California regional open space district("District") and the City and County of San Francisco, a
municipal corporation ("City"), acting by and through its Public Utilities Commission
("SFPUC").
RECITALS
WHEREAS, District owns certain real property located adjacent to the San Francisco Bay
in the County of San Mateo, within the City of Menlo Park identified as Assessor's Parcels
Number 096-230-110 (also known as 096-230-150) and 063-590-060, further described in the
deed attached as Exhibit A, and being part of the Ravenswood Open Space Preserve ("District
Land"); and
WHEREAS, City owns certain real property located adjacent to District Land in the
County of San Mateo identified as Assessor's Parcels Number 093-590-030, 093-590-050 and
093-590-060 and further described in the deed attached as Exhibit B ("City Land"); and
WHEREAS, City desires to obtain from District an exclusive, subsurface easement
through a portion of each of the two parcels comprising District Land, for construction of a
portion of the SFPUC Bay Division Pipeline Reliability Upgrade (Bay Tunnel) Project (the "Bay
Tunnel Project") to provide a seismically reliable pipeline for delivery of drinking water that
bypasses environmentally sensitive wetlands; and
WHEREAS District desires
s s to obtain from
o City a nonexclusive open space easement
over portions of the three parcels comprising City Land to protect significant scenic and
ecological values and to retain an open space corridor which, among other things, allows study of
the feasibility of a future public trail corridor connecting existing sections of the San Francisco
Bay Trail; and
WHEREAS, the San Francisco Planning Commission, acting as lead agency on behalf of
City, certified a Final Environmental Impact Report ("FEIR") for the Bay Tunnel Project (State
Clearinghouse No. 2006062002) on July 9, 2009; and
WHEREAS, on July 14, 2009 the SFPUC approved the Bay Tunnel Project, and, in so
doing, adopted findings under the California Environmental Quality Act ("CEQA"), Public
Resources Code section 21000 et seq., including a statement of overriding considerations for the
Bay Tunnel Project's significant and unavoidable impacts and adopted a mitigation monitoring
and reporting program; and
WHEREAS on Jul 14 2010 the District independently considered the FE
y p y IR, adopted
findings under CEQA as a responsible agency, adopted applicable portions of the mitigation
monitoring and reporting program of the FEIR and adopted a statement of overriding
1
considerations, as applicable to its approval of the grant of tunnel easements contemplated by this
Agreement; and
WHEREAS, on May 13, 2010, the San Francisco Planning Department's Major
Environmental Analysis Division, acting as responsible agency on behalf of City, determined that
the Open Space Easement contemplated by this Agreement is categorically exempt from
environmental review under CEQA Guidelines Section 15317 (open space contracts or
easements); and
WHEREAS, on July 14, 2010, the District determined that acceptance of the Open Space
Easement contemplated by this Agreement is categorically exempt from environmental review
under CEQA Guidelines Section 15317; and
WHEREAS, City and District now desire to exchange and transfer such easement rights
as more particularly set forth herein; and
WHEREAS, District has determined that said exchange of interests in real property is of
equal or greater value and that the long term preservation of open space at Ravenswood Open
Space Preserve would be greatly enhanced and secured by such exchange; and
WHEREAS, said exchange has been determined to be in accordance with the District's
enabling legislation set out at Section 5500 et seq. of the Public Resources Code of the State of
California.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are acknowledged, it is mutually agreed and understood as follows:
1. EXCHANGE OF EASEMENTS
A. Tunnel Easement Grant to City. Subject to the terms, covenants and
conditions set forth in this Agreement, District agrees to grant to City a permanent, exclusive
tunnel easement (the "Tunnel Easement"), more particularly described in Exhibit A, attached
hereto and incorporated by this reference (the "Tunnel Easement Deed"), in and through a
portion of each of the two parcels comprising the District Land, which portions (collectively, the
"Tunnel Easement Area") are described in an exhibit to the Tunnel Easement Deed.
B. Oven Space Easement Grant to District. Subject to the terms, covenants
and conditions set forth in this Agreement, City agrees to grant to District a non-exclusive open
space easement (the "Open Space Easement"), more particularly described in Exhibit B,
attached hereto and incorporated by this reference (the "Open Space Easement Deed") over,
across, in and upon a portion of the City Land, said Easement being appurtenant to District Land,
together with the right to patrol said Easement. The portion of City Land subject to the Open
Space Easement (the "Open Space Easement Area") is described in an exhibit to the Open
Space Easement Deed.
C. "Easements" Defined. The Tunnel Easement and the Open Space
Easement are sometimes referred to herein collectively as the "Easements."
2
2. ESCROW
A. Opening of Escrow. Within ten (10) days of the Effective Date (as defined
in Section 8.R)the parties shall open an escrow for the transaction contemplated herein by
depositing an executed counterpart of this Agreement with Chicago Title Company ("Escrow
Holder"), located at 455 Market Street, 21 st Floor, San Francisco, CA 94105 (Escrow No.
160290909-ST), attention Susan Trowbridge, Escrow Officer. This Agreement shall serve as
instructions to Escrow Holder for consummation of the exchange of Easements contemplated
hereby, provided that the parties shall execute such supplementary 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 preprinted portion of such escrow
instructions shall not supersede any inconsistent provisions contained herein.
B. "Closing" and "Closing Date" Defined. The term "Closing" means the
date when Escrow Holder causes the Tunnel Easement Deed and the Open Space Easement Deed
(collectively, the "Easement Deeds") to be recorded concurrently in the Office of the County
Recorder of San Mateo Count
y.. The Closing shall occur within
thm thirty Y g �0 days after the
{
Y ) Y
Effective Date (as defined in Section 8.11), or on such earlier date as City and District may
mutually agree (the "Closing Date"), subject to the provisions,of Section 2.E [District's
Conditions to Closing] and Section 2.F Cit 's Conditions to Closing]. The[ Y g]. Closing Date may
not be extended without the prior written approval of both District and City, except as otherwise
expressly provided in this Agreement. If the Closing does not occur on or before the Closing
Date, unless extended as aforesaid, Escrow Holder shall suspend all closing operations and
contact the parties for further instructions.
C. District's Deposits into Escrow. On or before Escrow Holder's deadline
for delivery of such items before Closing, District shall deliver into escrow the following:
(i) a fully executed, notarized and recordable copy of the Tunnel
Easement Deed;
(ii) the required certificate of acceptance for the Open Space Easement
Deed, duly executed by District and to be dated as of the Closing Date;
(iii) funds sufficient to pay District's share of expenses, as provided in
Section 5.B hereof;
(iv) any documents needed in order to eliminate title exceptions other
than District's Accepted Conditions of Title;
(v) a certified copy of District's Approval Resolution, as defined in
Section 2.E; and
(v) District's approval of a closing statement in form and content
satisfactory to District and City.
3
D. City's Deposits into Escrow. On or before Escrow Holder's deadline for
delivery of such items before Closing, City shall deliver into Escrow the following:
(i) a fully executed, notarized and recordable copy of each of Open
Space Easement Deed;
(ii) the required certificate of acceptance for the Tunnel Easement,
duly executed by City and to be dated as of the Closing; Date;
(iii) funds sufficient to pay City's share of expenses, as provided in
Section 5.A hereof,
(iv) a certified copy of City's Approval Resolution, as defined in
Section 2.F; and
v City'spp g approval of a closing statement in form and content
satisfactory to District and City.
E. District's Conditions to Closing. The following are conditions precedent
to District's obligation to complete the exchange of easements contemplated in this Agreement
(collectively, "District's Conditions Precedent"):
(i) The transactions contemplated herein shall have been approved by
a unanimous vote of the District Board of Directors, as required by Section 5540.5 of the Public
Resources Code ("District's Approval Resolution").
(ii) City shall have delivered the items described in Section 2.1) [City's
Deposits Into Escrow]
(iii) Escrow Holder shall be committed at the Closing to issue District's
Title Policy, as defined in Section 3 [Condition of Title] to District.
District's Conditions Precedent contained in the foregoing in subsections are 1 g g solely for the benefit
of District. If any such condition is not satisfied, District shall have the right in its sole discretion
either to waive in writing the District's Condition Precedent in question and proceed with the
purchase (provided that the District's Condition Precedent described in items (i) above may not
be waived except insofar as District elects to extend the deadline for satisfying such item) or, in
the alternative, terminate this Agreement. The waiver of any Condition Precedent shall not
relieve City of any liability or obligation with respect to any representation, warranty, covenant or
agreement of City. In addition, the Closing Date may be extended, at District's option, for a
reasonable period of time specified by District, to allow such District's Conditions Precedent to
be satisfied, subject to District's further right to terminate this Agreement upon the expiration of
the period of any such extension if all such District's Conditions Precedent have not been
satisfied.
4
F. City's Conditions to Closing. The following are conditions precedent to
City's obligation to complete the exchange of Easements contemplated in this Agreement
(collectively, "City's Conditions Precedent"):
(i) As of the Closing Date there shall be no litigation or administrative
agency or other governmental proceeding, pending or threatened, which after the Closing could
materially adversely affect the ability of City to use the Tunnel Easement Area for its intended
use.
(ii) Escrow Holder shall be committed at the Closing to issue City's
Title Policy, as defined in Section 3 [Condition of Title], to City.
(iii) The transactions contemplated herein shall have been approved by
all applicable City departments and agencies, including, without limitation, the Public Utilities
Commission, in their respective sole discretion, no later than sixty (60) days after District
executes and delivers this Agreement to City.
(iv) The City's Mayor and the Board of Supervisors, in the sole
discretion of each, shall have enacted a resolution or ordinance approving and authorizing this
Agreement, within ninety (90) days after District executes and delivers this Agreement to City
("City's Approval Resolution").
(v) District shall have delivered the items described in Section 2.0
[District's Deposits into Escrow].
City's Conditions Precedent contained in the foregoing subsections (i) through (v) are
solely for the benefit of City. If any of City's Conditions Precedent are not satisfied, City shall
have the right in its sole discretion either to waive in writing the Condition Precedent in question
and proceed with the purchase (provided that the Conditions Precedent described in items (iii)
and (iv) above may not be waived except insofar as City elects to extend the deadline for
satisfying such item) or, in the alternative, terminate this Agreement. The waiver of any
Condition Precedent shall not relieve District of any liability or obligation with respect to any
representation, warranty, covenant or agreement of District. In addition, the Closing Date may be
extended, at City's option, for a reasonable period of time specified by City, to allow such
Conditions Precedent to be satisfied, subject to City's further right to terminate this Agreement
upon the expiration of the period of any such extension if all such Conditions Precedent have not
been satisfied.
G. Closing Instructions. At Closing, provided all the conditions to the parties'
obligations have been satisfied or waived as provided and permitted by this Agreement, Escrow
Holder shall perform the following acts in the following order:
(i) Perform such acts as are necessary in order to insure title to the
Tunnel Easement vested in City, subject only to City's Accepted Conditions of Title, including
recording any deed of reconveyance, subordination agreement or other documentation as
specified in supplemental escrow instructions submitted by City and District before Closing.
5
(ii) Perform such acts as are necessary in order to insure title to the
Open Space Easements vested in District subject only to District's Accepted Conditions of Title,
including recording any deed of reconveyance, subordination agreement or other documentation
as specified in supplemental escrow instructions submitted by District and City before Closing.
(iii) Record the Easement Deeds in the Office of the County's Recorder
and obtain endorsed copies thereof for each party;
(iv) Issue City's Title Policy to City;
(v) Issue District's Title Policy to District; and
(vi) Deliver to the appropriate party any other documents, instruments,
and sums required by this Agreement, including District's Approval Resolution to City and City's
Approval Resolution to District.
As soon as reasonably practicable after the Closing, Escrow Agent shall prepare a final
accounting and closing statement for this transaction and send a copy to each party.
H. Remedies. If the exchange of the Easements is not consummated because
of a default under this Agreement on the part of one of the parties or if a Condition Precedent
cannot be fulfilled because a party frustrated such fulfillment by some affirmative act or
negligent omission, the other party may, at its sole election, either (1) terminate this Agreement
by delivery of notice of termination to defaulting party, whereupon the defaulting party shall pay
to the non-defaulting party any title, escrow, legal and inspection fees incurred by such non-
defaulting party and shall pay any escrow cancellation charges, and neither party shall have any
further rights or obligations hereunder, or(2) continue this Agreement pending the non-
defaulting party's action for specific performance and/or damages hereunder, including, without
limitation, the non-defaulting party's costs and expenses incurred hereunder.
3. CONDITION OF TITLE
A. District Land
(i) At the Closing District shall convey to City marketable and
insurable title to the Tunnel Easement, by the duly executed and acknowledged Tunnel Easement
Deed, free and clear of all exceptions, liens and encumbrances except solely for City's Accepted
Conditions of Title (as defined in Subsection 3.A(ii)).
(ii) Delivery of title in accordance with Subsection 3.A(i) shall be
conclusively evidenced by the commitment of Chicago Title Company to issue to City a CLTA
owner's policy of title insurance ("City's Title Policy") in the amount of City's investment in
the Easements, insuring title to the Easements in City free of the liens of any and all deeds of
trust, mortgages, and all other exceptions, liens and encumbrances except solely for City's
Accepted Conditions of Title. City's Title Policy shall contain such special endorsements as City
may reasonably request. With respect to the Tunnel Easement through Parcel HH 38-02 (portion
of APN 096-230-110), "City's Accepted Conditions of Title" shall mean only (i) the lien of
6
real property taxes not et delinquent; and (ii) exceptions numb
ered 3 through
p � h 9 in the
p Y Y q O p g
preliminary title report dated February 19, 2010, bearing Title No. 08-40700886-B-MF, attached
hereto as Exhibit C-l. With respect to the Easement through Parcel HH 39-02 (portion of APN
063-590-060), "City's Accepted Conditions of Title" shall mean only (i)the lien of real
property taxes, not yet due or payable; and (ii) exceptions numbered 4 through 11 in the
preliminary title report dated February 17, 2010, bearing Title No. 08-40700885-C-MF, attached
hereto as Exhibit C-2.
B. City Land
(i) At the Closing, City shall convey to District marketable and
insurable title to the Open Space Easement by the duly executed and acknowledged Open Space
Easement Deed, free and clear of all exceptions, liens and encumbrances except solely for
District's Accepted Conditions of Title (as defined in Subsection 3.13(ii)).
(ii) Delivery of title in accordance with Subsection 3.13(i) shall be
conclusively evidenced by the commitment of Chicago Title Company to issue to District a
CLTA owner's policy of title insurance ("District's Title Policy") in the amount of$50,000.00,
insuring title to the Open Space Easements in District free of the liens of any and all deeds of
trust, mortgages, and all other exceptions, liens and encumbrances except solely for District's
Accepted Conditions of Title. "District's Accepted Conditions of Title" shall mean only (i) the
lien of real property taxes, not yet delinquent; and (ii) exceptions numbered 6 through 12 in the
preliminary title report dated February 19, 2010, bearing Title No. 09-40701905, attached hereto
as Exhibit D. District's Title Policy shall contain such special endorsements as District may
reasonably request.
4. REPRESENTATIONS AND WARRANTIES
A. District's Representations and Warranties. District makes to City the
following representations and warranties, each of which is material, is being relied upon by City,
and shall survive the Closing and recording of the Tunnel Easement Deed:
(i) Signing; Authority. District and the signatories represent and
warrant that upon obtaining District's Approval Resolution described in Section 2.E, the
signatories to this Agreement are authorized to enter into this Agreement to convey the Tunnel
Easement and no other authorizations are required to implement this Agreement on behalf of
District.
(iii) No Leases. There are now, and will be at the Closing, no oral or
written leases, occupancy agreements, licenses or easements affecting the Tunnel Easement Area
or that would affect City's access to or use of the Tunnel Easement Area.
(iv) No Impediments to Use. District knows of no facts nor has District
failed to disclose any fact that would prevent City from using the Tunnel Easement after Closing
in the normal manner in which it is intended.
7
(v) No Lawsuits. There are no lawsuits or proceedings pending or, to
the best of District's knowledge, threatened against or affecting District, District's Land or its use
that would affect District's ability to consummate the exchange contemplated by this Agreement
or City's use and enjoyment of the Tunnel Easement after the Closing.
B. City's Representations and Warranties. City makes to District the
following representations and warranties, each of which is material, is being relied upon by
District, and shall survive the Closing and recording of the Open Space Easement Deed:
(i) Authority. Upon obtaining the approvals described in Sections
2.F(iii) and (iv), City will have the full right, power and authority to enter into this Agreement
and to perform the transactions contemplated hereunder,p p , and that no other authorizations are
required to implement the exchange of the Easements on behalf of City.
(ii) No Leases. There are now, and will be at the Closing, no oral or
written leases, occupancy agreements, licenses or easements affecting the Open Space Easement
Area or that would affect District's access to or use of the
Open Space Easement Area. District
p
acknowled es that the existingSFPUC service road that crosse
s the Open Space Easement Ar
ea
will continue to be used b City employees, contractors subcontractors,
y y em t p y o tractors, agents, tenants, licensees
and invitees, and agrees that such use is consistent with the Open Space Easement.
(iii) No Impediments to Use. City knows of no facts that would
prevent p p g r
revent District from using the Open Space Easement after Closing in then normal manner in
which they are intended.
(iv) No Lawsuits. There are no lawsuits or proceedings pending or, to
the best of City's knowledge, threatened against or affecting City, the Open Space Easement Area
or its use that would affect District's ability to consummate the exchange contemplated by this
Agreement or District's use and enjoyment of the Easement after the Closing.
5. PAYMENT OF COSTS
A. Ci . 's Ex enses
City shall pay at the Closing (i) one-half of the escrow fees, (ii) the recording fees for the Tunnel
Easement Deed, (iii) title insurance charges for City's Title Policy, and (iv) the costs incurred in
connection with the prepayment or satisfaction of any loan, bond or other indebtedness secured
in whole or part by the Open Space Easement Area including, without limitation, any prepayment
or delinquency fees, penalties or charges, and any delinquent taxes that may have become a lien
against the City Land.
B. District's Expenses
District shall pay at the Closing (i) one-half of the escrow fees, (ii) the recording fees for the
Open Space Easement Deeds, (iii) title insurance changes for District's Title Policy, if any, and
(iv) all costs incurred in connection with the prepayment or satisfaction of any loan, bond or
other indebtedness secured in whole or part by the Tunnel Easement Area including, without
8
limitation, any prepayment or delinquency fees, penalties or charges. District shall also pay any
delinquent taxes that may have become a lien against the District Land.
C. Other Expenses
Any other costs and charges of the escrow not otherwise provided for above in this Section or
elsewhere in this Agreement shall be allocated in accordance with the closing customs for the
County, as determined by Escrow Holder.
6. "AS-IS" CONVEYANCE, PROPERTY INFORMATION
A. Except as specifically otherwise set forth in this Agreement and/or the
Easement Deeds, both parties are acquiring the respective real property interests on an "As-Is"
basis, without warranties, express or implied, regarding the physical condition of the property,
and are relying on their own inspections of the respective Easement Areas.
B. City acknowledges receipt of a copy of the documents listed in Exhibit E,
attached hereto and incorporated into this Agreement, containing information about the District
Land ("District's Delivered Documents"). District makes no warranty or representation
concerning the accuracy and/or completeness of the information in such documents. District has
no knowledge of any material inaccuracies in such documents.
C. District acknowledges receipt of a copy of the documents listed in
Exhibit F, attached hereto and incorporated into this Agreement, containing information about
the City Land ("City's Delivered Documents"). City makes no warranty or representation
concerning the accuracy and/or completeness of the information in such documents. City has no
knowledge of any material inaccuracies in such documents.
7. AGREEMENT TO COOPERATE ON IDENTIFYING ALIGNMENT FOR
PUBLIC ACCESS TRAIL
A. The parties agree to fully and in good faith cooperate in the future on
identifying and evaluating the feasibility of conveying a 20-foot wide trail easement over a
portion of the Open Space Easement Area for purposes of providing a public access trail, and the
patrol and maintenance thereof, to connect across the Open Space Easement Area from
Ravenswood Open Space Preserve to University Avenue.
B. District shall undertake any appropriate studies at its sole election and
expense, and City shall cooperate by allowing District reasonable access to the Open Space
Easement Area as may be necessary to fully evaluate the feasibility of various trail alignments
within the Open Space Easement Area.
C. City, acting through its Public Utilities Commission General Manager or
designee, shall frilly consider any proposal submitted by District that identifies a preferred trail
alignment, and shall respond in writing within ninety (90) days of such submittal with City's
proposed procedural terms for completing appropriate environmental review and bringing a grant
of public trail easement to SFPUC's Commission and City's Mayor and Board of Supervisors for
9
consideration and approval. City and District may, in their independent discretion, thereafter
enter into a Memorandum of Understanding or other non-binding instrument setting forth the
roles and responsibilities of both parties in developing a recommendation for the granting and
acceptance of a public trail easement to bring to the parties' respective authorizing bodies for
consideration. District understands that City shall take into consideration potential impacts on
SFPUC's water system facilities, improvements and operations, including but not limited to
safety and security considerations, in evaluating and considering any proposed public trail project
and proposed trail easement alignment.
D. In no event shall this Agreement be construed to obligate City to pay for a
public trail project. District shall bear all costs of the trail project, if any, including but not
limited to the costs of planning, environmental review, design, construction (including security
fencing), any necessary mitigation, relocation of improvements, and removal of any
encroachments. However, City shall bear its own staff costs associated with evaluating and
considering any proposed public trail easement or trail construction project, and for processing
any internal approvals.
E. With regard to any future proposed trail easement or trail construction
approval actions, this Section 7 represents a general statement of the intent of the parties with
respect to the subjects described herein. This Section 7 is not intended to be, and will not
become, a contractually binding commitment to a trail easement or trail construction approval
action, and no legal obligation will exist unless and until the parties have executed and delivered,
following appropriate governmental approvals, a final agreement for any proposed trail easement
or trail construction approval actions. District, as lead agency under CEQA, will prepare the
appropriate environmental document for any proposed trail easement or trail construction
approval actions. The SFPUC, as a responsible agency under CEQA, will review and consider
such final environmental document for any proposed trail easement and trail construction before
deciding whether to take such approval actions, including any Memorandum of Understanding
related to those proposed approval actions. Both parties understand that there can not be final
action on any proposed trail easement, or subsequently on any proposed trail construction, until
there has been complete compliance with CEQA and San Francisco's Environmental Quality
Regulations (San Francisco Administrative Code Section 31). The SFPUC and District intend,
through these discussions, to identify the actions and activities that would be necessary to
develop the proposed trail easement and trail construction, which will thereby facilitate
meaningful environmental review.
With regard to any such proposed trail easement or subsequent trail construction, the
SFPUC, as responsible agency under CEQA, retains absolute discretion to (1) challenge the
project's environmental review or prepare additional environmental review under Title 14,
California Code of Regulations ("CEQA Guidelines") Section 15096(e); (2) select feasible
alternatives that avoid significant adverse impacts of the project or require the implementation of
specific measures to mitigate direct or indirect environmental effects of those parts of the project
that it decides to approve, as identified upon environmental evaluation in compliance with
CEQA, as set forth in CEQA Guidelines Section 15096(g); (3) make findings pursuant to CEQA
Guidelines Section 15096(h), which may include, but may not be limited to, deciding whether to
adopt a statement of overriding consideration pursuant to CEQA Guidelines Section 15093.
10
The SFPUC understands that District, as a governmental agency, is also subject to
CEQA, and accordingly, that District reserves the sole discretion to decide whether to enter into a
Memorandum of Understanding with the SFPUC concerning any proposed trail easement or trail
construction approval action, pending its preparation, review, and consideration of the final
environmental document. With regard to any such proposed trail easement or trail construction
the District, as lead agency under CEQA, retains absolute discretion to: (1) modify the project to
mitigate significant adverse environmental impacts; (2) select feasible alternatives which avoid
significant adverse impacts of the project; (3) require the implementation of specific measures to
mitigate the significant adverse environmental impacts of the project, as identified upon
environmental evaluation in compliance with CEQA; (4) reject the project as proposed if the
economic and social benefits of the project do not outweigh otherwise unavoidable significant
adverse environmental impacts of the project; or (5) approve the project upon a finding that the
economic and social benefits of the project outweigh otherwise unavoidable significant adverse
environmental impacts.
F. Concurrently with the future grant, if any, of a public trail easement by
City to District, District shall quitclaim any and all rights to the Open Space Easement conveyed
herein back to City, and such Open Space Easement shall thereupon be extinguished.
G. The agreements contained in this Section 7 shall survive the Closing and
recording of the Open Space Easement Deed and Tunnel Easement Deed.
8. MISCELLANEOUS PROVISIONS
A. Choice of Law; City Charter. 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. There shall
be no obligation for the payment of money by City under this Agreement unless City's Controller
first certifies, pursuant to Section 3.105 of City's Charter, that there is a valid appropriation from
which the expenditure may be made and that unencumbered funds are available from the
appropriation to pay the expenditure.
B. Amendment. The parties hereto may by mutual written agreement amend
this Agreement in any respect. Except as otherwise provided herein, this Agreement may be
amended or modified only by a written instrument executed by City and District.
C. 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.
D. Notice. 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 transmitted by United States mail, registered or certified
11
and return receipt requested, with proper postage prepaid, or by Federal Express or other reliable,
private messenger, courier or other delivery service that provides confirmation of delivery and
addressed as follows:
City:
To: San Francisco Public Utilities Commission
1145 Market Street, 7'h Floor
San Francisco, California 94103
Attention: Brian Morelli
Facsimile No.: (415) 487-5201
With copy to: Carolyn J. Stein
Deputy City Attorney
Office of the City Attorney
City Hall, Room 234
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
Facsimile No.: (415) 554-4755
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
Facsimile: (650) 691-0485
A correctly addressed notice transmitted by one of the foregoing methods shall be deemed
received upon the confirmed date of delivery, attempted delivery, or rejected delivery, whichever
occurs first. Facsimile numbers are provided above for convenience of communication; however,
neither party may give official or binding notice by facsimile. The effective time of a notice shall
not be affected by the delivery, prior to delivery of the original, of a telefacsimile copy of the
notice. Either party hereto may from time to time, by notice in writing served upon the other as
aforesaid, designate a different mailing address or a different person to which such notices or
demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall
excuse either party from giving oral notice to the other when prompt notification is appropriate,
but any oral notice given shall not satisfy the requirements provided in this Section.
E. 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. If possible,
the parties further agree to replace such void or unenforceable provisions with provisions that
will achieve the economic, business and other purposes of the void or unenforceable provisions.
F. Counterparts. This Agreement may be exe
cuted in separate identical
counterparts, each of which shall be deemed as an original, and when executed separately p p Y or
12
together, shall constitute a single original instrument, effective in the same manner as if the
parties had executed one and the same copy.
G. 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.
H. Entire Agreement. This Agreement (including all of the attached exhibits,
which are incorporated into this Agreement by reference) is intended by the parties to be the final
expression of their agreement with respect to the subject matter hereof, embodies the entire
agreement and understanding between the parties hereto; constitutes a complete and exclusive
statement of the terms and conditions thereof; and it may not be contradicted by evidence of any
prior or contemporaneous correspondence, conversations, negotiations, agreements or
understandings relating to the same subject matter.
I. Time of the Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
J. Survival of Covenants. All covenants of District or City 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 (or, to the
extent the context requires, any termination of this Agreement) and be binding upon and inure to
the benefit of the respective parties hereto and their respective heirs, successors and permitted
assigns. All representations and warranties by the respective parties contained herein or made in
writing pursuant to this Agreement are intended to be, and shall remain, true and correct as of the
Closing and shall be deemed to be material.
K. 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, which shall not be unreasonably withheld or
delayed.
L. 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
to carry out the provisions of this Agreement and the intentions of the parties.
M. Captions. Captions are provided herein for convenience only and they
form no part of this Agreement and are not to serve as a basis for interpretation or construction of
this Agreement, nor as evidence of the intention of the parties hereto.
N. Pronouns and Gender. 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.
O. Brokers. Each party represents to the other that it has not had any contact
or dealings regarding the District Land, the City Land, the Easements or the subject matter of this
13
i
transaction, through any licensed real estate broker or other person who could claim a right to a
commission or finder's fee in connection with the conveyance of any easement contemplated
herein. In the event that any broker, agent or finder perfects a claim for a commission or finder's
fee based upon any such contact, dealings or communication, the party through whom the broker,
agent or finder makes his or her claim shall be responsible for such commission or fee and shall
indemnify and hold harmless the other party from all claims, costs, and expenses (including,
without limitation, reasonable attorneys' fees and disbursements) incurred by the indemnified
party in defending against the same. The provisions of this paragraph shall survive the Closing.
P. Attornevs'Fees. If either party commences an action against the other or a
dispute arises under this Agreement, the prevailing party shall be entitled to recover from the
other party reasonable attorneys' fees and costs, including with respect to appeals, mediations,
arbitrations, and bankruptcy proceedings. For purposes of this Agreement, reasonable attorneys'
fees of City's Office of the City Attorney shall be based on the fees regularly charged by private
attorneys with the equivalent number of years of experience in the subject matter area of the law
for which the City Attorney's services were rendered who practice in the City of San Francisco in
law firms with approximately the same number of attorneys as employed by the Office of the
City Attorney.
Q. Non-Liability of City Officials, Employees and Agents. Notwithstanding
anything to the contrary in this Agreement, (i) no elective or appointive board, commission,
member, officer, employee or agent of City shall be personally liable to District, its successors
and assigns, in the event of any default or breach by City or for any amount which may become
due to District, its successors and assigns, or for any obligation of City under this Agreement;
and (ii) no elective or appointive board, commission, member, officer, employee or agent of
District shall be personally liable to City, its successors and assigns, in the event of any default or
breach by District or for any amount which may become due to City, its successors and assigns,
or for any obligation of District under this Agreement.
R. Effective Date. This Agreement shall become effective on the date (the
"Effective Date") when all of the following shall have occurred: (i) City's Board of Supervisors
and Mayor shall have enacted a resolution or an ordinance approving and authorizing this
Agreement, (ii) District's Board of Directors shall have adopted, by a unanimous vote as required
by Section 5540.5 of the Public Resources Code, a resolution approving this Agreement; and
(iii) both parties shall have executed and delivered the Agreement.
S. Relationship of Parties. The parties are not, and none of the provisions in
this Agreement shall be deemed to render the parties, partners or joint venturers or members in
any joint enterprise with on another. Neither party shall act as the agent of the other party in any
respect hereunder. This Agreement is not intended nor shall it be construed to create any third
party beneficiary rights in any third party, unless otherwise expressly provided.
T. Sunshine Ordinance. District understands and agrees that under the City's
Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) and the State Public
Records Law(Gov. Code Section 6250 et seq.), this Agreement and any and all records,
information, and materials submitted to the City hereunder are public records subject to public
14
disclosure. District hereby acknowledges that the City may disclose any records, information and
materials submitted to the City in connection with this Agreement.
IN WITNESS WHEREOF, the parties execute this Agreement.
CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation:
By: Date:
Amy L. Brown
Director of Property
APPROVED AS TO FORM:
Dennis J. Herrera, City Attorney
By:
Deputy City Attorney
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California special district:
By: Date:
Mary Davey
President
Board of Directors
ATTEST:
By:
Michelle Radcliffe
District Clerk
APPROVED AS TO FORM:
By:
Susan M. Schectman
General Counsel
15
ESCROW HOLDER'S ACKNOWLEDGMENT
Escrow Holder agrees to act as escrow holder in accordance with the terms of this
Agreement. Escrow Holder's failure to execute below shall not invalidate the Agreement
between City and District.
ESCROW HOLDER: CHICAGO TITLE COMPANY
By:
[signature]
Name:
[print name]
Its:
Date:
EXHIBIT A
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Tunnel Easement Deed
[See following page]
I
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
San Francisco Public Utilities Commission
1145 Market Street, 7th Floor
San Francisco, CA 94103
Attention: Real Estate Services
The undersigned Grantee declares this instrument
to be exempt from Recording Fees(Gov't Code§27383)
and Documentary Transfer Tax(Revenue and Taxation
Code§11922)
Space above this line for Recorder's Use,
GRANT OF TUNNEL EASEMENT
For good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Midpeninsula Regional Open Space District, a California special district
("Grantor") grants to the City and County of San Francisco, a municipal corporation
("Grantee") and to its successors and assigns an exclusive perpetual subsurface easement in
gross and right of way for the purpose of constricting, reconstructing, removing, replacing,
repairing, maintainingoperating and using, as Grantee may fit, for the transmission and
distribution of water, a tunnel and i p pelines within the tunnel and all necessary braces,
connections, fastenings and other appliances and fixtures including underground telemetry and
electrical cables for use in connection therewith or appurtenant thereto, in and across that certain
real property (the "Easement Area") described in Exhibits A-1 and A-2 and depicted
approximately (labeled "Property ID No.HH38-02" and "Property ID No.1-11-139-02") on
Exhibits B-1 and B-2, respectively. The Easement Area is a portion of Grantor's real property
described in Exhibit C ("Grantor's Property"). Exhibits A-1, A-2, B-1, B-2 and C are
attached to and incorporated into this deed.
Grantee shall hold harmless, indemnify and defend Grantor and its employees, officials,
officers, contractors and agents, and the heirs, personal representatives, successors and assigns of
each of them (collectively "Indemnitees") from any and all liabilities, claims, demands,
damages, and costs whatsoever, including but not limited to claims by any person for property
damage, personal injury or death of any person, whether public or private (collectively,
"Claims") to the extent caused by or arising from the use of Grantor's Property by Grantee or its
officers, directors, employees, contractors, agents, volunteers or invitees, except to the extent any
such Claims are caused by the negligence, willful misconduct or criminal act of Grantor or any
other Indemnitee. Such indemnity shall extend to any Claims concerning any failure by Grantor
to comply with the Americans with Disabilities Act or any local or state law regarding disability
access connected with Grantor's Property. The duty of Grantee to indemnify and save harmless
includes the duty to defend as set forth in Civil Code Section 2778.
In exercising its rights under this Grant of Tunnel Easement, Grantee shall comply with
all applicable state and federal laws.
i
1
The rights and obligations contained herein shall run with the land, burden the Easement
Area described in attached Exhibits A-1 and A-2, and bind and inure to the benefit of the
successors and assigns of Grantor and Grantee.
Executed as of , 20
GRANTOR: GRANTEE:
MIDPENINSULA REGIONAL OPEN CITY AND COUNTY OF SAN FRANCISCO,
SPACE DISTRICT, a California public a municipal corporation
district
By: By:
Mary Davey, President Amy L. Brown
Board of Directors Director of Property
ATTEST: APPROVED AS TO FORM:
DENNIS J. HERRERA, City Attorney
By:
Michelle Radcliffe
District Clerk By:
Carolyn J. Stein
Deputy City Attorney
APPROVED AS TO FORM:
By:
Susan M. Schectman
General Counsel
2
State of California )
ss
County of )
On , before me, , a notary public in and
for said State, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
or the person(s), entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
State of California )
ss
County of )
On , before me, , a notary public in and
for said State, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this deed dated
from the grantor to the City and County of San Francisco, is hereby accepted
pursuant to Board of Supervisors' Resolution No. 18110 Series of 1939, approved August 7,
1957, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: By:
AMY L. BROWN
Director of Property
EXHIBIT A-1
DESCRIPTION OF PORTION OF EASEMENT AREA
(SFPUC PROPERTY ID No. HH38-02)
[See fallowing page]
,III
I
I
il�
k7September 18, 2009
EXHIBIT "A-1"
LEGAL DESCRIPTION
BKF Property I.D. No. HH38-02
SFPUC Bay Division Pipeline
ENGINEERS Subsurface Tunnel Easement
SURVEYORS All that real property situated in the City of Menlo Park, County of San Mateo, State of
PLANNERS California, being a portion of Parcel E-2 as shown on that certain Record of Survey
entitled "EXHIBIT A OF SETTLEMENT AGREEMENT EMBODIED IN JUDGMENT
ENTERED IN CASE OF: STATE vs. SAN MATEO COUNTY, ET AL, SAN MATEO
COUNTY SUPERIOR COURT, ACTION NO.144,257" recorded July 28, 1977, in
Volume 8 of L.L.S. Maps at Pages 76 through 88, San Mateo County Records, more
particularly described as follows:
COMMENCING at the northwesterly corner of said Parcel E-2 as shown on said Record
of Survey, thence along the westerly line of said Parcel E-2, South 30006'20" East,
301.17 feet to the POINT OF BEGINNING;
thence leaving said westerly line, North 62034'22" East, 926.23 feet to a point on the
northeasterly line of said Parcel E-2;
thence along said northeasterly line, South 38051'48" East, 51.01 feet;
thence leaving said northeasterly line, South 62°34'22" West, 934.00 feet to a point on
said westerly line of said Parcel E-2;
thence along said westerly line, North 3000620" West, 50.05 feet to the
POINT OF BEGINNING.
Containing 46,506 square feet or 1.07 acres, more or less.
The above described easement shall be vertically limited to only that portion of land lying
between the elevations of -42.0 feet and -117.0 feet, North American Vertical Datum of
1988 (NAVD 88).
All bearings and distances shown on this Exhibit are based upon the North American
Datum of 1983 (NAD 83), California Coordinate System, Zone III, Epoch 1991.35. All
distances shown hereon are grid distances. To convert to ground distance, multiply
expressed distances by 1.000055883. Areas shown are calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177.
A plat showing the above-described parcel is attached herein and made a part hereof as
Exhibit "B-1".
This description was prepared by me or under my direction in conformance with the
Professional Land Surveyors' Act. i
��o°�aNa S��
°° °°° F
18�d v���P L A°���Go
r line Drive Michael A. Shoup, PLS 7616 ° °�'255 Shoe e ,
p °�
o°
License Expires 12/31/2010 No. 76E
Suite 200 p � o EXFs�RES �
Redwood City END OF DESCRIPTION 12-31-10 °
California 94065 qTF Of°CA1..�F�F�
phone 650.482,6300
fax 650,482,6399 JASur06\060212-03\P1ats&Legals\HH38-02\HH38-02 Legal.doc SHEET 1 OF 1
www.bkf.com
EXHIBIT A-2
DESCRIPTION OF PORTION OF EASEMENT AREA
(SFPUC PROPERTY ID No. HH39-02)
[See following page]
�
September 18. 20OS
�� NN EXHIBAT "�2°
�� �,� �
��K���L �DESCFVjPl�K�N
EN�|NEERS Property Y'D. No. HH39-82
��FF»K��� ��ay ��ivimimm �»hpelime
SURVEYORS
Subsurface Tunnel Easement
PLANNERS
All that real property situate in the City of Menlo Pork, County of San Ma1an, State of
California, being epodion of that certain parcel described in Document Number
58323AS as the "Midpeninsula Regional Open Space District" conveyed to the State of
California, more particularly described as follows:
COMMENCING at the northwesterly corner of Parcel E-2 ao shown on that certain
Record of Survey entitled "EXHIBIT A OF SETTLEMENT AGREEMENT EMBODIED IN
JUDGMENT ENTERED |N CASE OF: STATE vs. SANK8ATEO COUNTY, ET AL, SAN
� MATEC} COUNTY SUPERIOR COURT, ACTION NO.144'2S7' recorded July 28. 1B77.
in Volume 8 of L.L.S. Maps at Pages 76 through 88, San Mateo County Records, thence
along the westerly line ufsaid Parcel E-2, GOuth3O"OG'2O" East, 301.17 feet tothe
POINT OF BEGINNING;
thence continuing along said westerly line, South 3000620" East, 50.05 feet;
� thence leaving said westerly line, South 62"34'22^ VV8Gt. 384.8O feet to the beginning of
a tangential curve tn the right;
thence along said tangent curve with a radius of 1025.00 feet, through a central angle of
� 23=02'37" and an arc length of 412.24 feet;
thence South 85036'59" VVeet' 19575 feet to the southerly right-of-way of that certain
250 foot wide San Mateo County Transit District right-of'wuy, and to the beginning of e
non-tangent curve concave northwesterly, from which point a radial line, from the curve
to the radius point, bears North 32"82'51"West;
thence along said non-tangent curve with a radius of 11584.20 feet, through a central
angle nfO0"31'41" and an arc length of1O8.70feet;
thence leaving said southerly right'of-vvay. North 85"3G'5S" East, 1O1.43 feet\othe
beginning of e tangent curve to the left;
thence along said tangent curve with a radius of 975.00 feet, through a central angle of
23"O2'37" and an arc length of3A2.13feet;
thence North SQ"34'22" East, 382.52 feet h) the POINT OF BEGINNING.
Containing 4S,715 square feet or 1.07 aonna, more or less.
The above described easement shall be vertically limited to only that portion of land lying
255 Shoreline Drive
between the elevations of—44.0 feet and -119.0 feet, North American Vertical Datum of
Suite2OO 1988 (NAVO88).
Redwood City
Co|ikornug4Oh5
phone65O.482.d3OU
foxb50.482.h399 JASum6m602/2'03\luLege|s\nH3e`02\nH39'02Legwdno SHEET IoFe
vvvvw.bkf,uom
meal
� All bearings and distances shown on this Exhibit are based upon the North American
� BRF Datum of 1983 (NAD83). California Coordinate Svehen. Zone |||. Epoch 1881.35. All
distances shown hereon are grid distances. To convert to ground distance, nnuhipk/
ENGINEERS expressed distances bv1.00005G883. Areas shown are calculated using grid distances.
Toonnve�to ground anea rnu|�ip|y�he �xpnaoamdaraabv1 OOO111�7
SURVEYORS ' ��' ' '
PLANNERS A plat showing the above-described parcel is attached herein and made o part hereof as
� Exhibit "13'2".
This description was prepared by me or under my direction in conformance with the
Professional Land Surveyors' Act.
No. 7616
EXPIRES
12-31-10
Michael A. Shoup, PLS7615
License Expires 12/3l/2O1U
OF
END OF DESCRIPTION
255 Shoreline Drive
Suite2O0
� Redwood City
Co||forn|oP4Ob5
phun*b5O.482h300
� foxb5O.4O2.6Oq9 xASum6me0212'03\p/amaLegu|m*H3e-02\Hn39-02 Laga|.mm SHEET uopu
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EXHIBIT B-1
PLAT OF PORTION OF EASEMENT AREA
(SFPUC PROPERTY ID NO. HH38-02)
[See following page]
NOTE:
All bearings and distances shown on this Exhibit are based upon the
North American Datum of 1983 (NAD83), California Coordinate System, EXHIBIT -1"
Zone III, Epoch 1991.35. All distances shown are grid distances. To
convert to ground distance, multiply expressed distances by SUBSURFACE TUNNEL EASEMENT
1.000055883. Areas shown are calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177.
THE EASEMENT SHOWN HEREON SHALL BE / \G�
VERTICALLY LIMITED TO ONLY THAT PORTION OF JA R/W LINE TABLE
/ NO. BEARING DISTANCE
LAND LYING BETWEEN THE ELEVATIONS OF —42.0
�
FEET AND —117.0 FEET, NORTH AMERICAN // p� L1 N62'34'22"E 926.23
VERTICAL DATUM OF 1988 (NAVD 88). L2 S38°51'48"E 51.01
1-3 S62'34'22"W 934.00
APN 093-600-030 / �,�J 14 N30'06'20"W 50.05
SFPUC
p APN 096-230-140
STATE OF CALIFORNIA
8 LLS 76
/ PORTION OF PARCEL E-1
/ NO DEED FOUND
APN /
093-600-010 / APN 095-230-110
SFPUC, DN / PARCEL E-2
SFPUC—_8484v[1] // MOPEN IDPEN(NSULA SPACE DIRTIC SPACE
(26 LLS 65) / 8 LLS 76
NO DEED FOUND
POINT OF
COMMENCEMENT N
s
Gip OJ�O v'O�0
�0,
PROPERTY I.D. NO. HH38-02
46,506 ScI.Ft.± 1.07 Acres±
POINT OF J /< LEGEND
BEGINNING
/ APN ASSESSOR'S PARCEL NUMBER
DN DOCUMENT NUMBER
SFWD SAN FRANCISCO
/ WATER DEPARTMENT
SMCTD SAN MATEO COUNTY
TRANSIT DISTRICT
i LLS LICENSED LAND SURVEYOR
i
APN 063-590-060(-8) J
MIDPENINSULA REGIONAL 9
OPEN SPACE DISTRICT
PORTION OF DN 58323AS LAND
TITLE NO. 08-40700885 1-;�PEL°A' F.� 200 0 200
ND. 7616 o SCALE 1 =200'
* EXPIRES
12-31-10
CITY OF MENLO PARK �
COUNTY OF SAN MATEO ®�-l�'
STATE OF CALIFORNIA ddd
,��svoa�oeazix—oa��.�L"aaV+naa—oz\nMsa—oz rlaca,V
255 SHORELINE DRIVE Subject HETCH HETCHY CORRIDOR
SUITE 200 Property I .D. No. HH38—O2
®® REDWOOD CITY, CA 94065 Job No. 20060212-03BRF _
650-482-6300 By JB AMC Date 09 18-09 Chkd.MAS
ENMMEERNI SURVEYORS IPUNNERS 650-482-6399 (FAX)
SHEET 1 OF 1
EXHIBIT B-2
PLAT OF PORTION OF EASEMENT AREA
(SFPUC PROPERTY ID NO. HH39-02)
[See following page]
All bearings and distances shown on this Exhibit are based upon the
North American Datum of 1983 (NAD83), California Coordinate System, EXHIBIT ��—. �
Zone III, Epoch 1991.35. All distances shown are grid distances. To
convert to ground distance, multiply expressed distances by SUBSURFACE TUNNEL EASEMENT
1.000055883. Areas shown are calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177.
JA R/W LINE TABLE JA R/W CURVE TABLE
NO. BEARING DISTANCE CURVE RADIUS DELTA LENGTH
L1 S30'06'20"E 50.05 C1 1025.00 23'02'37" 412.24
L2 S62'34'22"W 384.86 C2 11584.20 0-31'41" 106.76
L3 S85'36'59"W 195.75 C3 975.00 23'02'37" 392.13
L4 N85'36'59"E 101.43 /
L5 N62'34'22"E 1 382.52
/
200 0 200
JG SCALE 1"= 200' /
r�tQ APN 093-600-010 /
SFPUC, DN
SFPUC-_8484v11] _ _
(26 LLS 65) �' AP PARCEL 9 2E-2110
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
THE EASEMENT SHOWN HEREON SHALL Paw OF: s, 8 LLS 76
BE VERTICALLY LIMITED TO ONLY THAT COMMENCEMENT
PORTION OF LAND LYING BETWEEN o
THE ELEVATIONS OF -44.0 FEET AND
-119.0 FEET, NORTH AMERICAN c' '•O,
VERTICAL DATUM OF 1988 (NAVD88). ss-
POINT OF
/ L4
PROPERTY I.D. NO. HF139-02
46,715 Sq.Ft.± 1.07 Acres±
L3
APN 063-590-060(-8)
: �g•�?(3 MIDPENINSULA REGIONAL
66 �0 LAND OPEN SU ION SPACE
PORTION 83 3AS —
��.�� °°° °°°°° �L TITLE NO. 08-40700885 APN ASSESSOR'S PARCEL
NUMBER
g G o DN DOCUMENT NUMBER
° No. 7616 °^ SFWD SAN FRANCISCO
* EXPIRES a * WATER DEPARTMENT
12-31-10 ° SMCTD SAN MATEO COUNTY
TRANSIT DISTRICT
CITY OF MENLO PARK OF CA��F PM PARCEL MAP
COUNTY OF SAN MATED (R) RADIAL
STATE OF CALIFORNIA l\S r06\05=2-03\P1.t.k L"d.\HH3G-02\)iH3G-02 PI°td g
255 SHORELINE DRIVE Subject HETCH HETCHY CORRIDOR
SUITE 200 Prop' erty I.Q. No. HH39--02
REDWOOD CITY, CA 94065 Job No. 20060212-03
BRF 650-482-6300 By J® AMC pate 09-18-09 Chkd.MMAS
ENGINEERS I SURVEYORS)PLANNERS 650-482--6399 (FAX)
SHEET 1 OF 1
EXHIBIT C
DESCRIPTION OF GRANTOR'S PROPERTY
I. That real property in the City of Menlo Park, County of San Mateo, State of California,
described as follows: Parcel E-2, as such parcel is shown on that certain Record of
Survey map filed July 28, 1977, in Book 8 of Licensed Land Surveys at Pages 76-88
(53841-AL).
JPNs: 096-023-230-02A
096-023-230-05A
APN: 096-230-110
(Includes the portion of the Easement Area that is described in Exhibit A-1 and identified
on Exhibit 13-1 as Property ID No. HH38-02)
2. That real property in the City of Menlo Park Count of San Mate State of California,
p p Y Y y o, S a ,
described as follows: Commencing at Station "P.M.C.7" of the Official Survey of the
Rancho de las Pulgas; thence south 18°02' west 23 chains to the Station "P.M.C.6", south
44°30' east 37 chains to Station "P.M.C.5", south 23°23' west 61.13 feet; thence leaving
said Rancho line North 66°26' east 889.3 feet to the southerly terminus of that line
described in Boundary Agreement, between Westbay Community Associates and Leslie
Salt Company, recorded October 25, 1977 in Book 7639 of Official Records at page 283
File No. 87853-AL Records of San Mateo Count said terminus being
( ), Y� California, g
described therein as being a point which is located south 00°55'58" west 85.43 feet from a
2" x 2" wooden stake set for the north quarter corner of Section 30, T.5s., R.2W., Mt.
Diablo Meridian, said stake set 104.49 feet southerly of a found'/4" iron pipe monument
tagged "R.C.E. 5476", and 85.50 feet northerly of a similar found monument, and both of
which found monuments are shown on the Record of Survey Map of 6.62 acre parcel in
Menlo Park, California, recorded December 29, 1960 in Block 4 of L.L.S. Maps at page
100, Records of San Mateo County, California, and said quarter corner being distant north
22°22'46" east 394.05 feet from a survey control point called "488-4", being a remset
nail" and a tin on the east footing of P.G. & E. Tower No. 10/68/2; thence northerly, and
along the line described in said boundary line agreement the following courses; north
0°55'58" east 1399.70 feet, north 88°38'47" west 381.53 feet, north V31'l5"west 104.70
feet, north 6°26'09" west 970.36 feet, north 22°46'01" west 1249.03 feet, and north
30°06'17" west 580 feet, more or less to the southeasterly line of the Southern Pacific
Company 250 food wide right of way and the named boundary, on a curve to the right,
with a radius of 11,584.2 feet, an arc distance of 36 chains, more or less to a point on that
certain course in the boundary of said Rancho de las Pulgas, extending from Station
"P.M.C. "7" to P.M.C. "8"; thence along said course south 27' east 1.12 chains, more or
less to the point of commencement.
APN: 063-590-060-8
(Includes the portion of the Easement Area that is described in Exhibit A-2 and identified
on Exhibit B-2 as Property ID No. HH39-02)
EXHIBIT B
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Open Space Easement Deed
[See following page]
WHEN RECORDED MAIL TO:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: General Manager
NO TRANSFER TAX DUE DULY RECORDED WITHOUT FEE
PUBLIC AGENCY ACQUIRING TITLE,
CALIFORNIA REVENUE AND TAXATION Pursuant to Government Code
CODE SECTION 11922 Sections 6103, 27383.
BY:
GRANT OF OPEN SPACE EASEMENT AND AGREEMENT
This Grant of Open Space Easement and Agreement ("Agreement") is made as of
, 2010, by and between City and County of San Francisco, a municipal
corporation ("Grantor") 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 Resource Code
("Grantee").
1. Grant of Easement. Grantor grants to Grantee a non-exclusive open space easement
(the "Easement") over, across, in and upon a portion of that certain real property described in
"Exhibit A" attached hereto and incorporated herein by this reference, also known as San Mateo
County Assessor Parcels No. 093-590-030, 093-590-050 and 093-590-060 ("Grantor's
Property"), for the purpose of preserving an unobstructed open space corridor between
University Avenue and Grantee's real property known as Ravenswood Open Space Preserve,
which is further described in Exhibit B attached hereto and incorporated herein by this reference
(the "Preserve"), said Easement being appurtenant to said Preserve, together with the right to
patrol said Easement. The portion of Grantor's Property that is subject to the Open Space
Easement (the "Easement Area") is described in Exhibit C attached hereto and incorporated
herein by this reference. The parties' respective rights and obligations with respect to the Open
Space Easement are set forth in this Agreement.
2. Grantee's Use of the Easement Area. Grantee may enter and use the Easement Area
for purposes of inspecting and patrolling same to confirm compliance with the terms of this
Agreement, and for purposes of studying the feasibility of a potential public trail easement
(provided, however, that Grantee shall not conduct any invasive studies or tests on Grantor's
Property without Grantor's prior written consent), and for no other use or purpose. Grantee shall
conduct such patrols, inspections and studies only on foot or, if by vehicle, by way of the then
existing service road. Without limiting the foregoing, Grantee agrees that it shall not operate
motorized vehicles off road on Grantor's Property, or construct, install or display any
improvements, signs, notices or graphics on Grantor's Property or otherwise modify Grantor's
Property. In exercising its rights to enter the Easement Area under this Agreement, Grantee shall
comply with all applicable laws and all reasonable procedures and requirements promulgated in
writing by Grantor related to safety, security and the protection of Grantor's land, improvements
and operations, including Grantor's standard insurance requirements, as such insurance
requirements may be revised from time-to-time. The insurance requirements of this Section may
be satisfied by Grantee's delivery to Grantor of satisfactory evidence of equivalent insurance
coverage provided by Grantee's membership in a governmental agency self-insured program.
Grantee shall notify Grantor's Watershed Resources Manager or designee in advance of each
entry onto the Easement Area.
1
3. No Third-Party Rights. No right of access by the general public or any third parties to
any portion of Grantor's Property is conveyed or granted by this Easement. This Agreement is
made and entered into for the sole benefit and protection of Grantor and Grantee and their
respective permitted grantees, successors, and assigns. No person or entity other than the par-ties
hereto and their respective permitted grantees, successors, and assigns shall have any right of
action under the Open Space Easement or any right to enforce the terms and provisions hereof.
4. Transfer of Grantee's Rights. Grantee may transfer, assign or otherwise convey all of
its rights, title and interest in the Open Space Easement only to another public agency or other
entity that is authorized to acquire and hold open space easements under California law, and only
after obtaining the prior written consent of Grantor. Any transfer, assignment or other
conveyance without such consent shall be void. Such consent shall not be unreasonably withheld
by Grantor.
5. Grantor's Fee Title. Nothing contained herein is intended to result in a forfeiture of
Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title, or to
lease, or to grant easements or permits pertaining to the Easement Area, to any third party subject
to the terms of this instrument.
6. Forbearance. Enforcement of the terms of the Open Space Easement shall be at the
discretion of each party, and any forbearance of a party to exercise its rights under this
Agreement in the event of any breach of any term hereof by the other party shall not be deemed
or construed to be a waiver by the forbearing party of such term or of any subsequent breach of
the same or any other term of the Agreement or of any of that party's rights under the Open
Space Easement. No delay or omission by either party in the exercise of any right or remedy
upon any breach by the other party shall impair such right or remedy or be construed as a waiver.
7. Indemnity. Grantee shall hold harmless, indemnify and defend Grantor and its
employees, officials, officers, contractors and agents, and the heirs, personal representatives,
successors and assigns of each of them (collectively "Indemnitees") from any and all liabilities,
claims, demands, damages, and costs whatsoever, including but not limited to claims by any
person for property damage, personal injury or death of any person, whether public or private
(collectively, "Claims") to the extent caused by or arising from the use of Grantor's Property by
Grantee or its officers, directors, employees, contractors, agents, volunteers or invitees, except to
the extent any such Claims are caused by the negligence, willful misconduct or criminal act of
Grantor or any other Indemnitee. Such indemnity shall extend to any Claims concerning any
failure by Grantor to comply with the Americans with Disabilities Act or any local or state law
regarding disability access connected with Grantor's Property. The duty of Grantee to indemnify
and save harmless includes the duty to defend as set forth in Civil Code Section 2778.
8. Grantor's Reserved Rights. Grantee acknowledges by acceptance of this grant of
Easement that the present uses of the Easement Area are compatible with the purpose of the
Open Space Easement. Further, notwithstanding anything contained in this Agreement to the
contrary, Grantor, its employees, contractors, subcontractors, agents, successors and assigns
(collectively, "Grantor Parties"), shall have the right to (a) use all of Grantor's real property
outside of the Easement Area ("Grantor's Remaining Property") in any way and for any
purpose whatsoever; and (b) use the Easement Area as Grantor deems necessary or convenient
for the operation and security of its water system and to provide ingress to and egress from
Grantor's Remaining Property provided that Grantor shall not construct any permanent buildings
within the Easement Area or any other permanent structures that would be incompatible with
preserving the Easement Area in its unobstructed, open space condition, except as otherwise
provided herein. Such permitted use of the Easement Area by Grantor and the Grantor Pal-ties
shall include, without limitation:
2
(a) Maintaining, repairing, improving, using, replacing, modifying, expanding
and/or relocating the existing road on Grantor's Property, including within the Easement Area;
(b) Maintaining, operating, repairing and replacing as necessary any other
existing improvements within the Easement Area such as, without limitation, any fences, utility
lines and water system facilities;
(c) Erecting new fences provided such fences do not unreasonably impede
Grantee's ability to patrol the Easement Area;
(d) Installing, maintaining, operating, repairing and replacing as necessary
pipes, conduits and other water system facilities;
(e) Installing, maintaining, operating, repairing and replacing as necessary
utility lines and poles;
(f) Conducting vegetation management operations consistent with Grantor's
vegetation management policy;
(g) Taking prudent actions to prevent, abate or mitigate significant injury to
Grantor's Property from causes beyond Grantor's control, such as fire, flood, storm, earth
movement and trespass;
(h) Removing feral and/or non-native animal species as required by law or as
deemed necessary by Grantor in its sole discretion for conservation or public health reasons;
(i) Pest control operations;
(j) Storing materials and equipment, such as pipes, culverts, fencing, tools,
construction vehicles and supplies, and the like, while work is in progress; and
(k) Operating motorized vehicles, for ingress, egress, property management
and water system construction and operation purposes.
9. As-Is Condition; Encroachments. Grantee accepts the Open Space Easement on the
Easement Area in its as-is condition with all faults, including any unauthorized encroachments
that may currently exist or subsequently be placed within the Easement Area. Nothing in this
Agreement shall obligate Grantor to cause encroachments to be removed, or to modify or repair
the Easement Area or any of Grantor's Remaining Property or to maintain it to any particular
standard. Grantee shall have the right, but not the obligation, to take lawful measures, including
litigation, to cause encroachments to be removed from the Easement Area, and to the extent that
the fee owner's cooperation is required in such measures, Grantor shall reasonably cooperate in
same; provided, however, that Grantor shall not be required to incur expenses or assume liability
in connection with such measures. Neither Grantor nor any of its Board or Commission
members, officers, agents, contractors or employees shall be liable for any damage to the
property of Grantee, its officers, directors, employees, contractors, agents, volunteers or invitees,
or their employees, or for any bodily injury or death to such persons, resulting or arising from the
I
condition of Grantee's Property or Grantee's use of the Open Space Easement.
10. Severability. Each provision of this Agreement is intended to be severable. If any term
or provision shall be determined by a court of competent jurisdiction to be illegal or invalid for
any reason whatsoever, such provision shall be severed from this Agreement and shall not affect
the validity of the remainder of this Agreement.
3
It. Attorneys' Fees. If any legal proceeding should be instituted by either of the parties to
enforce the terms of this Agreement or to determine the rights of the parties under this
Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs,
reasonable attorneys' fees. For purposes of this Agreement, reasonable attorneys' fees of the
Grantor's Office of the City Attorney shall be based on the fees regularly charged by private
attorneys with the equivalent number of years of experience in the subject matter area of the law
for which the City Attorney's services were rendered who practice in the City of San Francisco
in law firms with approximately the same number of attorneys as employed by the Office of the
City Attorney.
12. Governing Law. The rights and obligations of the parties under this Agreement shall be
interpreted in accordance with the laws of the State of California as applied to contracts that are
made and performed entirely in California.
13. Potential Trail Easement. The parties agree to cooperate in good faith on evaluating the
feasibility of creating a 20-foot wide trail easement over a portion of the Easement Area for
purposes of providing a public access trail, and the patrol and maintenance thereof, to connect
across the Easement Area from the Preserve to University Avenue. In the event that Grantor
grants to Grantee, and Grantee accepts from Grantor, a public trail easement across Grantor's
Property, Grantee shall quitclaim any and all rights to the Open Space Easement conveyed herein
back to Grantor, and such Open Space Easement shall thereupon be extinguished.
14. Counterparts. This Agreement may be executed in counterparts, each of which shall be
an original, but all of which together shall comprise one and the same Agreement.
Executed as of the date first set forth above.
GRANTOR: GRANTEE:
CITY AND COUNTY OF SAN MIDPENINSULA REGIONAL OPEN
FRANCISCO, a municipal corporation SPACE DISTRICT, a California public district
By: By: _
Amy L. Brown Mary Davey
Director of Property President, Board of Directors
APPROVED AS TO FORM: ATTEST:
Dennis J. Herrera, City Attorney By:
Michelle Radcliffe
District Clerk
By:
Carolyn J. Stein APPROVED AS TO FORM:
Deputy City Attorney
By:
Susan M. Schectman
General Counsel
4
State of California
) ss
County of
On before me, a notary public in and
for said State, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
State of California
ss
County of
On before me, a notary public in and
for said State, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CERTIFICATE OF ACCEPTANCE
(GOVERNMENT CODE SEC. 27281)
This is to certify that the interest in real property conveyed by the foregoing deed, grant
or other instrument dated , from
the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation,
to the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, is hereby
accepted by the undersigned on behalf of the District pursuant to authority conferred by
resolution of the Board of Directors of the Midpeninsula Regional Open Space District bearing
No. , adopted on and said District consents to
recordation thereof.
Dated: 2010
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By:
Name:
Title: President, Board of Directors
ATTEST:
District Clerk
EXHIBIT A
TO GRANT OF OPEN SPACE EASEMENT AND AGREEMENT
Legal Description of Grantor's Property
[See following page]
Title No, 09-40701905-MH
Locate No. CACT17741-7741-2407-0040701905
LEGAL DESCRIPTION
EXHIBIT"A•,
THE LAND REFERRED TO HEREIN BELOW IS SITUATED PARTLY IN THE CITY OF MENLO PARK AND PARTLY
IN THE CITY OF EAST PALO ALTO,COUNTY OF SAN MATEO,STATE OF CALIFORNIA,AND IS DESCRIBED AS
FOLLOWS:
Parcel One:
That certain strip of land 50 feet wide conveyed to Southern Pacific Company by Geraldine E.C.Frisbie by deed
dated January 18, 1908, and recorded in Volume 147 of Deeds at Page 248, in the office of the County
Recorder of San Mateo County, said strip or tract of land lying on the southerly side of the constructed main
line track of the Central California Railway Company's railroad between two lines drawn parallel to and 50 feet
and 100 feet distant, respectively,measured at right angles southeasterly from the surveyed"A"center line of
the Central California Railway Company; and bounded on the easterly side by the dividing line between the
property of the Spring Valley Water Company and the property formerly owned by Geraldine E.C. Frisbie,
which property line intersects said surveyed center line at Engineer Survey Station "A" 608 + 73; and on the
westerly side by the southeasterly line of a private road belonging to Spring Valley Water Company, which
southeasterly road line forms the northwesterly boundary of the said property formerly belonging to Geraldine
E.C. Frisbie, which line intersects said surveyed center line at Engineer Survey Station "A" 617 + 78.3.
Parcel Two:
Commencing at a point on the northerly boundary line of the Rancho de las Pulgas,distant thereon north 351
east 2.97 chains from Station"P.M.C. 11"of said rancho; running thence along said rancho line north 350 east
25.03 chains to Station"P.M.C. 10,"north 450 30'east 17 chains to Station "P.M.C.9,"east 5 chains to Station
"P.M.C.8,"south 270 east 17 chains to Station"P.M.C.7,"south 180 02'west 4.98 chains;thence leaving said
rancho line south 870 west 29.04 chains to a point distant 50 feet at right angles southeasterly from the
northerly line of said rancho; thence south 351 west 13.78 chains parallel to said rancho line and distant 50
feet at right angles southeasterly therefrom; thence south 10 04' east 47.95 chains to the center line of the
county road known as the "Bay Road;"thence along the center line of said road south 881 30' west 50 feet;
thence leaving the center line of said road north 10 04' west 48.20 chains to the northerly line of said Rancho
de las Pulgas and the point of commencement, being a portion of the Rancho de las Pulgas.
Excepting therefrom that portion of Tract A hereinabove described in Parcel 45 (San Mateo County lands)
contained within the boundaries of Parcel 46; and also excepting land described as follows:
A strip of land 100 feet wide,50 feet each side of the surveyed"A"center line of the Central California Railway
Company, said surveyed center line being described as follows:
Commencing at the point where said surveyed line intersects the easterly boundary line of the Rancho de las
Pulgas, which point bears south 271 east 2 .4 f more
t 9 3 feet, o e or less along said easterly boundary line from a
9 p 9 Y rY
post marked "P.M.C. 8;" thence running southerly and westerly on a curve to the right with a radius of
11,459.2 feet,a distance of 1322.6 feet, more or less,to Engineer Survey Station "A"608 + 72,a point in the
boundaryline between roe of Spring Valle Water Company and roe former) belonging to Geraldine
property rtY P 9 Y p
E.C. Frisbie, which point bears north 870 east 690.7 feet, more or less from northwesterly gcorner of the
property formerly belonging to Geraldine E.C. Frisbie.
JPN: 093-059-590-03A
093-059-590-05A
093-059-590-06A
APN: 093-590-030
093-590-050
093-590-060
Excepting from Parcels One and Two
A strip of land 100 feet wide, lying 50 feet each side of the surveyed "A"center line of the Central California
Railway Company, said surveyed center line being described as follows:
2
CLTA Preliminary Report Form-Modified(11/17/06)
EXHIBIT"A"(continued) Title No. 09-40701905-MH
Locate No. CACTI7741-7741-2407-0040701905
Commencing at the point of intersection of said surveyed center line with the northwesterly boundary line of
the property of the Southern Pacific Company and formerly belonging to Geraldine E.C. Frisbie, said
northwesterly boundary line being also the southeasterly line of a private road, at a point on said surveyed
center line known as Engineer Survey Station "A"617 + 78.3 and being south 351 west 304.7 feet,more or
less,from the northwesterly corner of said property of the Southern Pacific Company;thence from said point
of commencement, crossing said private road and continuing across a portion of the southeast quarter of
Section 24,Township 5 South,Range 3 West,M.D.M.,southerly and westerly on a curve to the right,having a
radius of 11,459.2, a distance of 1081.7 feet to the dividing line between property of the Spring Valley Water
Company and property of the Southern Pacific Company at Engineer Survey Station"A"628+60;said point of
intersection bears north 00 11-1/2'west 200 feet,more or less,from the intersection of the easterly boundary
line of property belonging to Ann Carnduff with the southwesterly line of land conveyed to Spring Valley Water
Company by Ann Carnduff by deed dated August 31, 1905,and recorded in Book 127 of Deeds at Page 537,
San Mateo County Records.
Also excepting from Parcels One and Two:
A strip of land 250 feet wide, lying 125 feet each side of the surveyed "A"center line of the Central California
Railway Company, said surveyed center line being described as follows:
Commencing at the point where said surveyed center line intersects the easterly boundary of the Rancho de
las Pulgas, said point of intersection being south 270 east 923.4 feet from Station "P.M.C. 8" of the Official
Survey of said rancho;thence from said point of beginning northerly and easterly across the northwest quarter
of Section 19, Township 5 South, Range 2 West, M.D.M., on a curve to the left having a radius of 11,459.2
feet, a distance of 2360 feet, more or less , to the westerly boundary line of Tide Land Survey No. 61, at a
point on said surveyed center line known as Engineer Survey Station "A" 571 + 89.4.
Also excepting from Parcels One and Two that portion lying southerly of the northerly line of the parcel
described in the Final Order of Condemnation recorded February 8, 1962 in Book 4144, OR, Page 303.
3 CLTA Preliminary Report Form-Modified(11/17/06)
EXHIBIT B
TO GRANT OF OPEN SPACE EASEMENT AND AGREEMENT
Legal Description of Ravenswood Open Space Preserve Property
[See following page]
EXHIBIT B
LEGAL DESCRIPTION OF GRANTEE'S REAL PROPERTY
That real property in the City of Menlo Park, County of San Mateo, State of California,
described as follows: Parcel E-2, as such parcel is shown on that certain Record of Survey map
filed July 28, 1977, in Book 8 of Licensed Land Surveys at Pages 76-88 (5 3 841-AL).
JPNs: 096-023-230-02A
096-023-230-05A
APN: 096-230-110
That real property in the City of Menlo Park, County of San Mateo, State of California,
described as follows: Commencing at Station "P.M.C.7 of the Official Survey of the Rancho de
las Pulgas; thence south 18'02' west 23 chains to the Station "P.M.C.6", south 44'30' east 37
chains to Station "P.M.C.5", south 23'23' west 61.13 feet; thence leaving said Rancho line North
66'26' east 889.3 feet to the southerly terminus of that line described in Boundary Agreement,
between Westbay Community Associates and Leslie Salt Company, recorded October 25, 1977
in Book 7639 of Official Records at page 283 (File No. 87853-AL), Records of San Mateo
County, California, said terminus being described therein as being a point which is located south
00'55'58" west 85.43 feet from a 2" x 2" wooden stake set for the north quarter corner of Section
30, T.5s., R.2W., Mt. Diablo Meridian, said stake set 104.49 feet southerly of a found /4" iron
pipe monument tagged "R.C.E. 5476", and 85.50 feet northerly of a similar found monument,
and both of which found monuments are shown on the Record of Survey Map of 6.62 acre parcel
in Menlo Park, California, recorded December 29, 1960 in Block 4 of L.L.S. Maps at page 100,
Records of San Mateo County, California, and said quarter corner being distant north 22022,46"
east 394.05 feet from a survey control point called "488-4", being a remset nail" and a tin on the
east footing of P.G. & E. Tower No. 10/68/2; thence northerly, and along the line described in
said boundary line agreement the following courses; north 0'55'58" east 1399.70 feet, north
88'38'47" west 381.53 feet, north 1'3 F1 5"west 104.70 feet, north 6'26'09" west 970.36 feet,
north 22'46'01" west 1249.03 feet, and north 30'06'17" west 580 feet, more or less to the
southeasterly line of the Southern Pacific Company 250 food wide right of way and the named
boundary, on a curve to the right, with a radius of 11,584.2 feet, an arc distance of 36 chains,
more or less to a point on that certain course in the boundary of said Rancho de las Pulgas,
extending from Station "P.M.C. "T' to P.M.C. "8"; thence along said course south 27' east 1.12
chains, more or less to the point of commencement.
APN: 063-590-060-8
EXHIBIT C
TO GRANT OF OPEN SPACE EASEMENT AND AGREEMENT
Legal Description and Plat of Open Space Easement Area
[See following pages]
June 2. 2O1O
m�m�vm�m�m
BKFLEGAL DESCRIPTIONDESCRIPTION
ENGINEERS All that certain naa| property situate pa�|yiO the [�ityof Menlo Park and pa�|yin the City
�
of East Palo Alto, County of San K4ot*o. State of California, being G portion of those
SURVEYORS certain parcels Of land described in the deed to the City and County of San Francisco
PLANNERS recorded March 3' 1930. in VO\u0R 491 of [ff|oie| Records at Page 1 (491 OR 1),
Official Records ofsaid oounty, being more particularly described as follows:
PARCEL ONE
�
� Parcel 47 as described on page 58 in said deed4g1 OR 1.
Containing an area of 1.39 acres, more Or less.
� PARCEL TWO
� Being a portion of Parcel 40asdescribed on pages 57 & 58in said deed 491OR1.
� more particularly described as follows:
�
� BEGINNING at the westerly corner of Lot 21' Block 23, Tract No. 654, University N|bme
� Subdivision No. 4 filed June 19. 1952. in Book 35 of Maps at Page 19' Records of said
� County, said point lying OO G parcel line of said P8n:e| 46; thence along Said p8m8| line
� and the northwesterly line of said Lot 21 and its pro{ongation. North 35052'53" East
298.21 feet to the southerly UD8 Of the 8@n Mateo County Transit District parcel /100 feet
wide) and the beginning of a non-tangent curve, concave norther|y, having o radius of
� 11509.20feet, 8 radial line to the radius point bears North 14043'13" VV8st;
�
thence leaving said peroa| line and westerly along the southerly |\n8 and the arc of said
curve 78.45 feet through a central angle ofOO"23'2G" to the westerly line of said Parcel
4G�
.
thence leaving said southerly line and 8k»nQ said vvoetedv line South 35"52'63" VVeed
305.89 feet to a point lying on the prolongation of the northerly line Of Tu|ane Avenue as
shown on said University Village Subdivision;
thence leaving said westerly line and along said pro|ong8tion. North 72009'16^ East
84.51 feet hothe POINT OF BEGINNING.
Containing 15.099 square feet or 0.347 acr8a, more or less.
PARCELTHREE
� Being G portion of Pmnne| 46 as described on pages 57 Q 58 in said deed 491 OR l,
more particularly described as follows:
BEGINNING at the southeast corner of said Parcel 48; thence along the southerly ||n8 Of
� said Parcel 48. South G7"5757^West 1O80-73 feet tothe southerly line of the San
� K4et80 County Transit District parcel (100 feet wide) and the beginning of a non-tangent
Pu�el of
| JAau,06w60212'03Np1atsm Lago|s�OpenSpuue EosomeomJasLaga|.uoc
�
� June 2. 2O10
� e��m��^
---'N��� ' curve, concave northerly, having a radius of 11509.20 feet, a radial line to the radius
point bears North 2O=24'01^ West;
� BKFthonoe |eavingsaidaouthedyUneofPence| 48ondeaatar|ya|ongthaeoutherly |ineof
said San Mateo County Transit District parcel and the arc of said curve 155.53 feet
ENGINEERS through a central angle ofDO=48'27.8" tnG point lying SO feet northedyof, measured eL
� right angles to said southerly line of Parcel 4S;
� SURVEYORS
PLANNERS thence leaving said southerly line and parallel with the southerly line of said Parcel 46,
North 87"57'57" East 931.89 feet to the easterly line of said Parcel 46;
thence along said easterly line, South 18°11'42'' West 53.2S feet to the POINT OF
BEGINNING.
Containing 49,788 square feet or 1.143 acres, more orless.
� All bearings and distances shown on this Exhibit are bused upon the North American
�
Datum of 1983 (NAO 83). California Coordinate System. Zone |||. Epoch 1991.35. All
distances shown hereon are grid distances. To convert to ground distance. rnu|dp|y
� expressed distances by l� .�O0O55883 Areas shown are calculated using grid distances.
�
To convert$o ground area, multiply the expressed area by1.00D11177.
�
� A p|Ed showing the above-described parcel is attached herein and mode e part hereof as
� Exhibit "B".
�
� This description was prepared by me or under my direction in conformance with the
� Professional Land Surveyors' Act.
No. 5701
�
VVU|ia:l Sleoniko(f, PLG 5701
OF A0
� License Expires 09/30/2011
�
END OF DESCRIPTION
Page 2of2
� J:\8umomeno1o'ump|atsmLo0mov]pvn Space suaeme^upssLoga|.doc
NOTE:
All bearings and distances shown on this Exhibit are based upon the
North American Datum of 1983 (NAD83), California Coordinate System,
Zone III, Epoch 1991.35. All distances shown are grid distances. To
convert to ground distance, multiply expressed distances by
1.000055883. Areas shown are calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177.
LANDS OF CCSF V
PARCEL 46, 491 OR 1
APN: 093-590-050 y P�
LANDS OF CCSF
o J " LANDS OF CCSF ` PARCEL 46, 491 OR 1
�
y C,Z PARCEL 47, 491 OR 1 ✓ APN: 093-590-060
P APN: 093-590-030 2 L7
r " P /� PARCEL THREE
O vo LACDSFOF goo r O\SCR\ POINT OF BEGINNINGCS
j A PARCEL 3
UN
� 0 GO H I
0 SE
r P ` 23 I_LS MAPS 50
tPARca�GNN�N�P P 2�cJ % oaew cr.. JJ��
OWN( OF TRACT 654 4�P TRACT 649 Q U
Q UNIVERSITY VILLAGE• _ UNIVERSITY VILLAGE
!SUBDIVISION N0. 4 Q SUBDIVISION NO. 3 Q =
4 \35,MAPS 19
0 34 MAPS 27
.a
? ? 4Cp Crft
y
LEGEND 1 PARCEL AREA:
APN ASSESSOR'S PARCEL NUMBER PARCEL 1— 1.39 ACRES±
CCSF CITY AND COUNTY OF SAN FRANCISCO PARCEL 2— 0.347 ACRES±
_ C# CURVE TABLE REFERENCE PARCEL 3— 1.143 ACRES±
LINE TABLE
- LLB LICENSED LAND SURVEYOR'S
NO. BEARING DISTANCE
L L# LINE TABLE REFERENCE
1 N35'S2'S3"E 298.21'
OR OFFICIAL RECORDS
L2 N14'43'13"W R (R) RADIAL
L3 S35'52'53"W 305.89'
L4 N72'09'15"E 84.51'
L5 S87'57'57"W 1060.73'
L6 N20'24'01"W R
L7 N87'57'57"E 931.89'
L8 S18'11'42"W 53.29' S�� LAND D SUNG
F SL aye o`�o
CURVE TABLE
NO. RADIUS I DELTA LENGTH g No. 5701 o
C1 11509.20 O'23'26" 78.45' o
C2 11509.20' 0'46'27" 1 155.53'
OF C A\'\ �
CITY OF EAST PALO ALTO
CITY OF MENLO PARK 400 0 400
COUNTY OF SAN MATEO SCALE 1"=400'
STATE OF CALIFORNIA J:\Sur06\060212-03\P1ots h Legols\Open Space Easement\0SE Plat dwq
255 SHORELINE DRIVE Subject OPEN SPACE EASEMENT
SUITE 200 _A_CROSS SFPUC LANDS
REDWOOD CITY, CA 94065 Job No. 20060212-03BkF _
650-482-6300 RAB 06-02-10 k MAS
650-482-6399 FAX By -- Date Ch d .
ENGIMCE S I SUIR'VF01aS 1 P LABMERS (FAX) SHEET 1 OF 1
EXHIBIT C-1
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Preliminary Title Report for Tunnel Easement
(SFPUC Parcel HH 38-02)
[See following page]
i
Vsit Us on our Website: www.ct7c.com
Chicago Title Company
p Y
ISSUING OFFICE: 2150 John Glenn Drive,Suite 300•Concord,CA 94520
FOR SETTLEMENT INQUIRIES,CONTACT., Chicago Title Company-San Francisco Commercial
455 Market Street,Suite 2100•San Francisco,CA 94105
415 788-0871•FAX 415 896-9424
PRELIMINARY REPORT
Amended
Title Officer: Michael Foster Title No.: 08-40700886-B-MF
Escrow Officer: Sue Trowbridge Locate No.: CACT17741-7738-2356-0040700886
Escrow No.: 08-35601387-ST
TO: Chicago Title Company
455 Market Street, 21st Floor
San Francisco, CA 94111
ATTN: Mary Pat Noeker
YOUR REFERENCE: HH 38-02 SHORT TERM RATE: No
PROPERTY ADDRESS: Assessor's Parcel No. 096-230-110 (portion-vacant land), Menlo Park, California
EFFECTIVE DATE: February 19, 2010, 07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy - 1990
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY
THIS REPORT IS:
AN EASEMENT(TO BE CREATED)
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Midpeninsula Regional Open Space District,a public district
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
MQ\PA 01/15/2008
1
CLTA Preliminary Report Form-Modified(11/17/06)
Title No. 08-40700886-B-MF
Locate No. CACT17741-7738-2356-0040700886
LEGAL DESCRIPTION
EXHIBIT"A"
All that real property situated in the City of Menlo Park, County of San Mateo, State of California, being a
portion of the land described ("PARCEL E-2") by Westbay Community Associates to Midpeninsula Regional
Open Space Destrict, by deed recorded December 19, 1984, as Document Number 84134575, said county
records, more particularly described as follows:
BEGINNING at the northwesterly corner of said "PARCEL E-2"as shown on Sheet 10 of that certain Record of
Survey filed July 28, 1977, in Volume 8 of L.L.S. Maps at Page 76, said county records, thence along the
westerly line of said "PARCEL E-2",
South 30006'20" East(North 30006'17" West), 301.17 feet to the
TRUE POINT OF BEGINNING of this description;
thence leavingsaid wester) line North 62°34'22" East 926.23 feet to the northeaster) line of said "PARCEL
Y , Y
E-2"•
thence along said northeasterly line, South 38051'48" East, 51.01 feet;
thence leaving said northeasterly line, South 62034'22" West, 934.00 feet to said westerly line;
thence along said westerly line, North 30006'20"West, 50.05 feet to the
TRUE POINT OF BEGINNING.
The above described easement shall be vertically limited to only that portion of land lying between the
elevations of-42.0 feet and -117.0 feet, North American Vertical Datum of 1988 (NAVD 88).
All bearings and distances shown on this Exhibit are based upon the North American Datum of 1983(NAD 83),
California Coordinate System, Zone III, Epoch 1991.35. All distances shown hereon are grid distances. To
convert to ground distance, multiply expressed distances by 1.000055883.
JPNs: 096-023-230-02A
096-023-230-05A (portion)
APN: 096-230-110(portion)
2
CLTA Preliminary Report Form-Modified(11/17/06)
� Title No. F
Locate No. CACTI 7741-77]8-2]50-UO4O7Oo886
� AT THE DATE HEREOF,ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
�
� 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with
taxes tobelevied for the fisca| year 2O10-2O11.
�
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of California.
3. Any adverse claim based upon the assertion that some portion of said land is tide or submerged
lands, or has been created by artificial means or has accreted to such portion so created.
4. Rights and easements for commerce, navigation and fishery.
5. The effect of that certain decree issued in the Superior Court of the State of California forthe County
of San Mateo, Case No. 123015, entitled "In Re The Petition of Robert R. Humphrey and Roberta].
Humphrey, Petitioners," which decree provides, in part, as follows:
"This
(originally California Tide Lands Survey 64 and California Tide Lands Survey 76, Parcel D),which was
approved by the California State Lands Commission on September 24, 1964, and said survey
thereafter recorded in the office of the County Recorder of San Mateo County on January 13, 1965,in
Volume 6ofLicensed Land Surveys, Page6. �
/
"Further,this court confirms and approves the descriptions for corrected California Tide Lands Survey
63,Parcel 2(originally California Tide Lands Survey 64 and California Tide Lands Survey 76,Parcel D),
which descriptions were approved by the California State Lands Commission on September 24, 1964."
A copy of said decree was recorded Augusi4, 1966 in Book 5199 Official Records of San Mateo
County, Page 366 (06719-Z).
�
6. The use of the herein described property by the general public for the purposes set forth therein uy
contained in Notice of Consent to Use of Land,executed by Westbay Community Associates,a general
partnership, dated February 11, 1971 and recorded March 22, 1971 in Book 5913Official Records, �
Page 1 (91369'AD). �
7. Matters contained in that certain document entitled "Boundary Agreement" dated July 14, 1977,
� executed by and between VVastbay Community Associates,a general partnership and Leslie Salt Co.
recorded July 22, 1977, Instrument No. 50969'AL, Book 7551, Page 413, of Official Records.
Reference is hereby made to said document for full particulars.
�
As corrected by Boundary Agreement between said parties dated September 28, 1977 and recorded
October 25, 1977 in Instrument No. 87853-AL Book 7639, Page 283, of Official Records.
�
�
�
3
� coA Preliminary Report m='modm" u1/17/06)
�
�
�
�
�
ITEMS: (continued) Title No.
Locate No. CACTI 774177]d- ]50-OO�U�OOOnO- �
�
0. The terms,covenants,conditions,agreements, restrictions, reservations and provisions contained in �
that certain Title and Boundary Settlement Agreement by and between the State of California, �
� VVesLbay Community Associates,et al, recorded July 29, 1077in Instrument No. S3831-AL Book 7558,
� Page 440, of Official Records.
�
9. Matters contained in that certain document entitled "Memorandum of Consent Decree" dated
� December 14, 2005,executed by Midpeninsula Regional Open Space District,a public district recorded
December 16, JOU5, Instrument No. 2OOS-23OJO7, of Official Records.
Reference |y hereby made to said document for full particulars.
10. The application for title insurance was placed by reference to only e street address or tax
identification number.
Based on our records, we believe that the description in this report covers the parcel requested,
however, if the legal description is incorrect o new report must beprepared.
If the legal description is incorrect, in order to prevent delays,the seller/buyer/borrower must provide
the Company and/or the settlement agent with the correct legal description intended to be the
subject of this transaction.
END OF ITEMS
Note 1. No open Deeds of Trust: CONFIRM BEFORE CLOSING
Nmtm2. Taxes for the fiscal year 2U0g'201O are not assessed.
Note 3. There are NO deeds affecting said land, recorded within twenty-four(24) months of the date of
this report.
� Note 4. If county recorder, tide insurance company, escrow company, real estate broker, real estate
� agent or association provides a copy ofa declaration, governing document or deed to any
person, California law requires that the document provided shall include a statement regarding
� any unlawful restrictions. Said statement istobeinat least 14-point bold face type and may be
stamped on the first page of any document provided or included as a cover page attached to
� the requested document. Should o party to this transaction request a copy of any document
�
reported herein that fits this category,the statement is to be included in the manner described.
|
|
�
4
| coA Preliminary n=" m� m�m�uu�r�a
| `~` �
�
NOTES: (continued) Title No. 08-40700886-B-MF
Locate No.CACTI7741-7738-2356-0040700886
Note 5. Wiring instructions for Chicago Title Company, San Francisco, CA, are as follows:
Receiving Bank: Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823-6340
ABA Routing No.: 026009593
Credit Account Name: Chicago Title Company - San Francisco Commercial
455 Market Street, Suite 2100, San Francisco, CA 94105
Credit Account No.: 12354-82420
Escrow No.: 08-35601387-ST
These wiring instructions are for this specific transaction involving the Title Department of the
Concord office of Chicago Title Company. These instructions therefore should not be used in
other transactions without first verifying the information with our accounting department. It is
imperative that the wire text be exactly as indicated. Any extraneous information may cause
unnecessary delays in confirming the receipt of funds.
Note 6. Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an
authorized employee of the insured lender,or by using Bancsery or other approved third-party
service. If the above requirements cannot be met, please call the company at the number
provided in this report.
END OF NOTES
5
CLTA Preliminary Report Form-Modified(11/17/06)
I
TAX IMPORTANT:This plat is not a survey,
�•""'"'"�• \\ it is merely furnished as a convenience 96-23
to locate the land in relation to adjoining
streets and other lands,and not to O
�v Q s q; qI guarantee dimensions,distances,
bearings or acreage.
y
7 ~ f y
e �_ I 9yw e- l000'
p IV
i o PARCEL
'lyt a E-p Ic � I -yam
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f� 4 I hJ \ 2 S.AS'JB'2a+[L 2,I.a1• .
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PARCEL •�• I V 230 1 \ 0seT eaW n'�E' b 0 e��l' N.IIb I lJ .e'SY'21'w
al2.Iz'
I n 5se W IPW i �o•
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PrN. PARCEL f-/ I 19 aa'>/'sa•E. Isar•
19120 20— 21 ,' S Tr;A As'E zeEz'
30— 9 K
---------------- - --------- xsAs'AVE.
29 28 1,5rl L•A,'E 2,G/f'
z+ ^�i I IB zw•za'IrE. aII.N'
r hJ I �0--
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T6.�, I GV 91z•al'AA•w. l a'
2.13.5 9" a,,µ'
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Af eY61'aT w /
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bl' ,
/J Z�S L.L.S. VOL 8/76-88
ctrY OF MENLO PARK
ASSESSORS MAP COUNre OF SAN MArEO,CALIF rT-TJ-G6
NOTE:
Ail bearings and distances shown on this Exhibit are based upon the pp
North American Datum of 1983 (NAD83), California Coordinate System, EXHIBIT "B—'1"
Zone III, Epoch 1991.35. All distances shown are grid distances. To
convert to ground distance, multiply expressed distances by SUBSURFACE 'TUNNEL EASEMENT
1.000055883. Areas shown are Calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177. /
THE EASEMENT SHOWN HEREON SHALL BE / t4 JA R W LINE TABLE
VERTICALLY LIMITED TO ONLY THAT PORTION OF / �0��' NO. BEARING DISTANCE
LAND LYING BETWEEN THE ELEVATIONS OF —42.0 / c� L1 N62'34'2)*i? 926,23
FEET AND —117.0 FEET, NORTH AMERICAN �. � L2 s38'51'48"E 51.01
VERTICAL DATUM OF 198E (NAVD 88). /• �{ L3 562.34'22,"W 934.00
APN 093--600---030 // � L4 N30'06'20-w I 50.05
SFPUC �, ,�,d
f Z�� STATE OF CALIFORNIA
/ yY� APN 096--230-140
8 ti.S 76, PARCEL E-1
NO PEED FOUND
MIDPENINSULA REGIONAL CP
APN OPEN SPACE DISTRICT /
C93-600-010 //j SFPUC, DN 6 AP 76 6PARCEL 10
SFPUC—8484v[1j DN 84134575
(25 LLS 65) / TITLE NO. 08-40700886—A—MH, /
EFFECTIVE DATE OF OCTOBER 13. 2009
PONT OF
BECZ,001G �1
5 � •o ry d:�.a �'
�0 IF 0.
a-c` W PROPERTY ID.NO.Wi38-02
46,506 Sq.Ft.t 1.07 Acres±
TRUE PoNr OF LEGEND
BE13NNNG�// APN ASSESSOR'S PARCEL NUMBER
DN DOCUMENT NUMBER
WATER DEPARTMENT
SMCTD SAN MATZO COUNTY
TRANSIT DISTRICT
11S LICENSED LAND SURVEYOR MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
APN 063-590-080
CN 1981-58323AS
TITLE NO. 08-407a0835—B—MH,
EFFECTIVE DATE OF OCTOBER 13, 2009
�tiL A S .0 200 0 2CO
•C- t
i N&7819 •D' SCALE 1"=200'
1z-31-10 r
CITY OF MENLO PARK OF CAL��
COUNTY OF SAN MATZO
STATE OF CALIFORNIA
255 SHORELINE DRIVE Subject HETCH HETCHY CORRIDOR
SUITE 200 Property I.D. No. H438-02
® REDWOOD CITY. CA 94065 Job No. 20060212-03
BKF 650-482-63 6 pate 1— 5— 0 Chkd.MAS_
Exat�I98"M+alpua 650-482-6399 (FAX} y �� —SHEET 1 OF 1
EXHIBIT C-2
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Preliminary Title Report for Tunnel Easement
(SFPUC Parcel HH 39-02)
[Sce.Tollo n � e wi g P � ]
II
Visit Us on our Website: www.cyc.com
Chicago Title Company
ISSUING OFFICE.• 2150 John Glenn Drive,Suite 300•Concord,CA 94520
FOR SETTLEMENTINQUIRIES,CONTACT. Chicago Title Company-San Francisco Commercial
455 Market Street,Suite 2100•San Francisco,CA 94105
415 788-0871 •FAX 415 896-9424
PRELIMINARY REPORT
Amended
Title Officer: Michael Foster Title No.: 08-40700885-C-MF
Escrow Officer: Sue Trowbridge Locate No.: CACTI7741-7738-2356-0040700885
Escrow No.: 08-35601386-ST
TO: Chicago Title Company
455 Market Street, 21st Floor
San Francisco, CA 94111
ATTN: Mary Pat Noeker
YOUR REFERENCE: HH 39-02 SHORT TERM RATE: No
PROPERTY ADDRESS: Assessor's Parcel No. 063-590-060 (portion-vacant land), Menlo Park, California
EFFECTIVE DATE: February 17, 2010, 07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy - 1990
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY
THIS REPORT IS:
AN EASEMENT(TO BE CREATED)
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Midpeninsula Regional Open Space District, a public district
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
JR\JR 02/01/2008
1
CLTA Preliminary Report Form-Modified(11/17/06)
Title No. 08-40700885-C-MF
Locate No. CACTI 7741-7738-2356-0040700885
LEGAL DESCRIPTION
EXHIBIT"A"
All that real property situate in the City of Menlo Park, County of San Mateo, State of California, being a
portion of the land described by Leslie Salt Co. to the Midpeninsula Regional Open Space District, by deed
recorded June 22, 1981,in Document Number 1981-58323AS,said county records,more particularly described
as follows:
BEGINNING at the northwesterly corner of said "PARCEL E-2"as shown on Sheet 10 of that certain Record of
Survey filed July 28, 1977, in Volume 8 of L.L.S. Maps at Page 76, said county records, thence along the
westerly line of said "PARCEL E-2",
South 30006'20" East(North 30006'17" West), 301.17 feet to the
TRUE POINT OF BEGINNING of this description;
thence continuing along said westerly line, South 30106'20" East, 50.05 feet;
thence leaving said westerly line,South 62034'22"West,384.86 feet to the beginning of a tangent curve to the
rig ht;
thence along said curve with a radius of 1025.00 feet,through a central angle of 23002'37"and an arc length
of 412.24 feet;
thence South 85136'59"West, 195.75 feet to the southerly line of Tract 12(D-12)"PARCEL ONE"of the lands
conveyed by the Southern Pacific Transportation Company to the San Mateo County Transit District, by deed
recorded November 9, 1994,as Instrument Number 94-172451,said county records,and to the beginning of a
non-tangent curve concave northwesterly, from which point a radial line, from the curve to the radius point,
bears North 32002'51" West;
thence along said curve with a radius of 11584.20 feet,through a central angle of 00031'41"and an arc length
of 106.76 feet;
thence leaving said southerly line,North 85036'59"East, 101.43 feet to the beginning of a tangent curve to the
left;
thence along said curve with a radius of 975.00 feet,through a central angle of 23002'37"and an arc length of
392.13 feet;
thence North 62134'22" East, 382.52 feet to the TRUE POINT OF BEGINNING.
The above described easement shall be vertically limited to only that portion of land lying between the
elevations of-44.0 feet and -119.0 feet, North American Vertical Datum of 1988 (NAVD 88).
All bearings and distances shown on this Exhibit are based upon the North American Datum of 1983(NAD 83),
California Coordinate System, Zone III, Epoch 1991.35. All distances shown hereon are grid distances. To
convert to ground distance, multiply expressed distances by 1.000055883.
JPN: 063-059-590-05A and 063-059-590-01A(portion)
APN: 063-590-060 (portion)
2
CLTA preliminary Report Form-Modified(11/17/06)
Title No. 08-40700885-C-MF
Locate No. CACTI7741-7738-2356-0040700885
AT THE DATE HEREOF,ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with
taxes to be levied for the fiscal year 2010-2011.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of California.
4. Rights and easements for commerce, navigation and fishery.
S. Subject to the condition set out in the Corporation Grant Deed-Bargain Sale,which recites in part,as
follows: "...Whereas,the bargain purchase made pursuant to this grant deed will be used within the
United States or any of its possessions exclusively for parks, recreation, scenic or open space
purposes..." recorded June 22, 1981, Instrument No. 58323AS., Official Records.
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Sierra and San Francisco Power Company
Purpose: Steel towers and suspended wires for the transmission of electricity
Recorded: January 17, 1910, Book 178, Page 47, of Deeds
Affects: portion of premises
Matters contained in that certain document entitled"Right of Way Agreement"dated April 19, 1971,
executed by and between Leslie Salt Co. and Pacific Gas and Electric Company recorded May 26,
1971, Instrument No. 10243AE, Book 5948, Page 45, of Official Records.
Reference is hereby made to said document for full particulars.
7. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Sierra and San Francisco Power Company and Pacific Gas and Electric
Company
Purpose: steel towers and suspended wires for the transmission of electricity
Recorded: June 19, 1933, Instrument No. 26365C, Book 599, Page 177, of Official
Records
3
CLTA Preliminary Report Form-Modified(11/17/06)
ITEMS: (continued) Title No. 08-40700885-C-MF
Locate No. CACTI 7741-7738-2356-0040700885
8. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Pacific Gas and Elecrtic company
Purpose: electric transmission lines
Recorded: March 1, 1961, Instrument No. 35242T, Book 3941, Page 502, of Official
Records
Affects: portion of premises
9. Matters contained in that certain document entitled 'Boundary Agreement"dated January 15, 1976,
executed by and between Westbay Community Associates,a general partnership and Southern Pacific
Transportation Company recorded June 20, 1977, Instrument No. 36011AL, Book 7515, Page 460,of
Official Records.
Reference is hereby made to said document for full particulars.
10. Matters contained in that certain document entitled 'Boundary Agreement" dated July 14, 1977,
executed by and between Westbay Community Associates,a general partnership and Leslie Salt Co.
recorded July 22, 1977, Instrument No. 50969AL, Book 7551, Page 413, of Official Records.
Reference is hereby made to said document for full particulars.
Matters contained in that certain document entitled 'Boundary Agreement" dated September 28,
1977,executed by and between Westbay Community Associates,a general partnership and Leslie Salt
Co. recorded October 25, 1977, Instrument No. 87853AL, Book 7639, Page 283, of Official Records.
Reference is hereby made to said document for full particulars.
11. The lack of a legal right of access to and from a public street or highway.
12. The application for title insurance was placed by reference to only a street address or tax
identification number.
Based on our records, we believe that the description in this report covers the parcel requested,
however, if the legal description is incorrect a new report must be prepared.
If the legal description is incorrect, in order to prevent delays,the seller/buyer/borrower must provide
the Company and/or the settlement agent with the correct legal description intended to be the
subject of this transaction.
END OF ITEMS
Note 1. General and Special Taxes for the fiscal year 2009-2010, not assessed- public district property-
APN: 063-590-060.
4
CLTA Preliminary Report Form-Modified(11/17/06)
NOTES: (continued) Title No. 08-40700885-C-MF
Locate No. CACT17741-7738-2356-0040700885
Note 2. If a county recorder, title insurance company, escrow company, real estate broker, real estate
agent or association provides a copy of a declaration, governing document or deed to any
person,California law requires that the document provided shall include a statement regarding
any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be
stamped on the first page of any document provided or included as a cover page attached to
the requested document. Should a party to this transaction request a copy of any document
reported herein that fits this category,the statement is to be included in the manner described.
Note 3. Wiring instructions for Chicago Title Company, San Francisco, CA, are as follows:
Receiving Bank: Bank of America
275 Valencia Blvd, 2nd Floor
Brea, CA 92823-6340
ABA Routing No.: 026009593
Credit Account Name: Chicago Title Company- San Francisco Commercial
455 Market Street, Suite 2100, San Francisco, CA 94105
Credit Account No.: 12354-82420
Escrow No.: 08-35601386-ST
These wiring instructions are for this specific transaction involving the Title Department of the
Concord office of Chicago Title Company. These instructions therefore should not be used in
other transactions without first verifying the information with our accounting department. It is
imperative that the wire text be exactly as indicated. Any extraneous information may cause
unnecessary delays in confirming the receipt of funds.
Note 4. Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an
authorized employee of the insured lender,or by using Bancsery or other approved third-party
service. If the above requirements cannot be met, please call the company at the number
provided in this report.
END OF NOTES
5
CLTA Preliminary Report Form-Modified(11/17106)
N.1'IS•W N!1•
sze.x TAX CODE AREA _ _ _ _ _. _ •*rN,
IMPORTANT: THIS PLAT IS NOT A SURVEY. IT IS 63-59
FURNISHED AS A CONVENIENCE TO LOCATE THE
� LAND IN RELATION TO ADJOINING STREETS AND
OTHER LANDS AND NOT TO GUARANTEE ANY
\DIMENSIONS, DISTANCES, BEARINGS OR ACREAGE. I
� s
BK 93 k•I ° 0
� / N> a•y. 6�a 23
Q:
/y
59 0
_-- J J _ _� �� � _R6TE RAW _ — —• -- Jr8
IMGYy
I.I.AdV
JJ.
5
D
341'tl�i0ei 2
uE CIS
PjL.oAS m
RAN°N� O
Cj
ACREAGE C/TY OF MENLO PARK
ASSESSOR'S NAP COUNTY OF SAN MATEO CA. 3-85
NOTE,
All bearings and distances shown an this Exhibit are based upon the
North American Datum of 1983 (NA083), California Coordinate System, EXHIBIT "B•-2"
Zane III, Epoch 1991.35. All distances shown are grid distances. To
convert to ground distance, multiply expressed distances by SUBSURFACE TUNNEL EASEMENT"
1.000055883. Arecs shown are calculated using grid distances.
To convert to ground area, multiply the expressed area by 1.00011177.
JA R1W LINE TABLE JA RIW CURVE TABLE
NO, BEARING DISTANCE CURVE RADIUS DELTA LENGTH
LS S30'06'20'E 50.05 Ct 1025.00 2.3'02'37' 412.24
L2 S62-34-22-W 84.86 C2 11584.20 0'31'41* 106,76
1-3 S85'36'59'W 195.75 C3 975.00 23'02'37' 39113
L4 N85'36'59'E 101.43
L5 N62 34'22'E 38252 /
I /
41
'e5
200 0 2CO l i
JG~ SCALE 1'a 200'
APN 093-500-010
SFPUC, DN IDPENINSULA REGIONAL
SFPUC--B484v[1] OPEN SPACE DISTRICT
(26 LLS 65) APN 096-230-110
8 LLS 76. PARCEL E-2
DN 84134575
THE EASEMENT SHOWN HEREON SHALL POINT'OF TITLE NO. 08-40700886-A--MH
BE VERTICALLY LIMITED TO ONLY THAT BE-GWNWG EFFECTIVE DATE OF
PORTION OF LAND LYING BETWEEN , o OCTOBER 13. 2009ul
i
THE ELEVATIONS OF -44.0 FEET AND ,yk5 t, o��•.
-119.0 FEET, NORTH AMERICAN ��� f `'�y+ ��r'l
VERTICAL DATUM OF 1988 (NAVD88).
iAUE POINT OF
BEGAININD-'-
1
L4 PROPEW ID.NO,F 02
c 46,715 Sa.Ft.t 1.07 Acres±
L3 MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
APN 063-590-060
LAND S DN 1981-58323AS LEGEND(L° ,�p`y NSF-�.•••••••..�QG TITLE N0. 08-40700885-B-MH APN ASSESSOR'S PARCEL
A. EFFECTIVE DATE OF NUMBER
OCTOBER 13, 2009 ON DOCUMENT NUMBER
Na n16 S SFWD SAN FRANCISCO
* % * WATER DEPARTMENT
12-31-10 C-�/- SMCTD SAN MATEO COUNTY
..OF CALF or-rs-rc� TRANSIT DISTRICT
CITY OF MENLO PARK � PM PARCEE. MAP
COUNTY OF SAN MATEO (R) RADIAL
STATE OF CALIFORNIA aW061y%=2-mw."•
255 SHORELINE DRIVE Subject HETCH HETCHY CORRIDOR
SUITE 200 PreRerty 1 .0. No. HH39-02
REDWOOD CITY, CA 94065 Job No. 20060212413
BRF 650-482-6300 gY B C Date 1-15-10 Chkd.��
F�ai»xslsomzronsfPwa�ru 650-482-6399 (FAX) SHEET 1 OF 1
EXHIBIT D
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Preliminaryace Easement
Title Report for Open S
P P P
[See following page]
141sit Us on our Webstte: www.ctic.com
Chicago Title Company
ISSUING OFFICE.• 2150 John Glenn Drive,Suite 300-Concord,CA 94520
925 288-8000-FAX 925 521-9562
PRELIMINARY REPORT
Title Officer: Meg Heppell Title No.: 09-40701905-MH
Locate No.: CACT17741-7741-2407-0040701905
TO: Chicago Title Company-San Francisco
455 Market Street, Suite 2100
San Francisco, CA 94105
ATTN: Susan Trowbridge
YOUR REFERENCE: 160290909 SHORT TERM RATE: No
PROPERTY ADDRESS: 1600 Ruthers Road, East Palo Alto, California
EFFECTIVE DATE: February 19, 2010, 07:30 A.M.
The form of policy or policies of title insurance contemplated by this report is:
ALTA Owners Policy(6/17/06)
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY
THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
City and County of San Francisco,a municipal corporation
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
RB\PA 03/16/2010
CLTA Preliminary Report Form-Modified(11/17/06)
Title No. H
Locate No. CACTI 77f1-7741-2407OU4U7OI9O5
�
�
LEGAL DESCRIPTION
�
EXHIBIT"A° �
�
THE LAND REFERRED TO HEREIN BELOW IS SITUATED PARTLY lN THE CITY OF MENLO PARK AND PARTLY
IN THE CITY OF EAST PALO ALTO, COUNTY OF SAN MATEO,STATE OF CALIFORNIA,AND IS DESCRIBED AS
�
FOLLOWS: �
�
Parcel One: �
That certain strip of land 50 feet wide conveyed to Southern Pacific Company �
dated Recorder of San Mateo County, said strip or tract of land lying on the southerly side of the constructed main
line track of the Central California Railway Company's railroad between two lines drawn parallel to and 50 feet
and 100 feet distant,respectively,measured at right angles southeasterly from the surveyed"A"center line of
the Central California Railway Company;property of the Spring Valley Water Company and the property formerly owned by Geraldine E.C. Frisbie,
which property line intersects said surveyed center line at Engineer Survey Station "A"608 + 73; and on the
westerly side by the southeasterly line ofa private mad belonging to Spring Valley Water Company, which �
� southeasterly road line forms the northwesterly boundary of the said property formerly belonging to Geraldine
� E.C. Frisbie, which line intersects said surveyed center line at Engineer Survey Station "A" 617 + 78.3. �
� Parcel Two: �
�
Commencing at a point on the northerly boundaryUne of the Rancho de laaPulgas,distant thereon north 350
east 2.97 chains from Station "PMJC 11"nf said running thence along id rancho|i north 35"east �
2^"3 chains `"Stationn"P.,..C. ,+ north 450 0 east" chains tStationon"P.,^C. "' east 5 chains"'Station
� "P.M.[, south 7v east 17 chains to Station"P.M/C "south 18«U2'west4.98 chains;thence leaving said
� rancho line south 870 west 29.04 chains h: a point distant SU feet at right angles southeasterly the
northerly78 chains parallel to said rancho line and distant 50 �
feet at right ang|essoutheastedytheofrom; thencesouth 1" O4' east 47.95 chains to the center line ofthe �
county road known as the "Bay Ruad|"thence along the center line of said road south 88« 30' west 5Ofeet; �
thence leaving the center line of said road north 10 04' west 48.20 chains to the northerlyline of said Rancho
de !as Pu|gay and the point of commencement, being a portion of the Rancho de |as Pu|gas.
Excepting therefrom that portion of Tract A hereinabove described in Parcel 45 (San Mateo County lands) �
contained within the boundaries ofParcel 46| and also excepting land described as follows:
A strip nf land 1U0 feet wide,5Ufeet each side ofthe center line of the Central California Railway
Company,said surveyed center line being described as follows:
Commencing at the point wheresaid surveyed line intersects the easterly boundary line of the Rancho cl |a
Pulgas, which point bears south 271 east 923.4 feet, more or less, along said easterly boundary line from a
post marked "P.M.C. 8;" thence running southerly and westerly on a curve to the right with a radius of
11,459.2 feet,a distance of 1322.6 feet,more or less,to Engineer Survey Station "A"608 + 72,a point in the
boundary line between property of Spring Valley Water Company and property formerly belonging to Geraldine
E.C. Frisbie, which point bears north 870 east 690.7 feet, more or less, from the northwesterly corner of the
property formerly belonging to Geraldine E.C. Frisbie.
� ]PN: 093'059'590-03A
� 093'059-590'05A
� 093-059-590'06A
APN: 093-590-030
� 093-590-050
� 093-590-060
� Excepting from Parcels One and Two
A strip ofland 1U0 feet wide, lying 5O feet each side of the surveyed 'Y\"center line of the Central California
Railway Company, said surveyed center being described as� ' .
2
cox Preliminary Report Form Modified<u//7/06>
EXHIBIT"A"(continued) Title No. 09-40701905-M H
Locate No. CACT17741-7741-2407-0040701905
Commencing at the point of intersection of said surveyed center line with the northwesterly boundary line of
the property of the Southern Pacific Company and formerly belonging to Geraldine E.C. Frisbie, said
northwesterly boundary line being also the southeasterly line of a private road, at a point on said surveyed
center line known as Engineer Survey Station "A" 617 + 78.3 and being south 351 west 304.7 feet, more or
less,from the northwesterly corner of said property of the Southern Pacific Company;thence from said point
of commencement, crossing said private road and continuing across a portion of the southeast quarter of
Section 24,Township 5 South, Range 3 West,M.D.M.,southerly and westerly on a curve to the right, having a
radius of 11,459.2, a distance of 1081.7 feet to the dividing line between property of the Spring Valley Water
Company and property of the Southern Pacific Company at Engineer Survey Station"A"628+60;said point of
intersection bears north 00 11-1/2'west 200 feet,more or less,from the intersection of the easterly boundary
line of property belonging to Ann Carnduff with the southwesterly line of land conveyed to Spring Valley Water
Company by Ann Carnduff by deed dated August 31, 1905,and recorded in Book 127 of Deeds at Page 537,
San Mateo County Records.
Also excepting from Parcels One and Two:
A strip of land 250 feet wide, lying 125 feet each side of the surveyed "A"center line of the Central California
Railway Company, said surveyed center line being described as follows:
Commencing at the point where said surveyed center line intersects the easterly boundary of the Rancho de
las Pulgas, said point of intersection being south 270 east 923.4 feet from Station "P.M.C. 8" of the Official
Survey of said rancho;thence from said point of beginning northerly and easterly across the northwest quarter
of Section 19, Township 5 South, Range 2 West, M.D.M., on a curve to the left having a radius of 11,459.2
feet, a distance of 2360 feet, more or less, to the westerly boundary line of Tide Land Survey No. 61, at a
point on said surveyed center line known as Engineer Survey Station "A" 571 + 89.4.
Also excepting from Parcels One and Two that portion lying southerly of the northerly line of the parcel
described in the Final Order of Condemnation recorded February 8, 1962 in Book 4144, OR, Page 303.
3
CLTA Preliminary Report Form-Modified(11/17/06)
Title No. 09-40701905-MH
Locate No. CACTI7741-7741-2407-0040701905
AT THE DATE HEREOF,ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION
TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. Property taxes,which are a lien not yet due and payable,including any assessments collected with
taxes to be levied for the fiscal year 2010-2011.
2. Property taxes,including any personal property taxes and any assessments collected with taxes,for
the fiscal year 2009-2010, Assessor's Parcel Number 093-590-030.
Code Area Number: 08-068
1st Installment: $105.67 Paid
2nd Installment: $105.67 Open
Land: $6,498.00
Improvements: $3,183.00
Exemption: $0.00
Personal Property: $0.00
3. Property taxes, including any personal property taxes and any assessments collected with taxes,for
the fiscal year 2009-2010, Assessor's Parcel Number 093-590-050.
Code Area Number: -b 08 067
1st Installment: $1,366.49 Paid
2nd Installment: $1,366.49 Open
Land: $190,008.00
Improvements: $48,997.00
Exemption: $0.00
Personal Property: $0.00
4. Property taxes, including any personal property taxes and any assessments collected with taxes,for
the fiscal ,
year 2009-2010 Assessor's Parcel Number 093-590-060.
Y
Code Area Number: 21-000
1st Installment: $242.68 Paid
2nd Installment: $242.68 Open
Land: $33,293.00
Improvements: $0.00
Exemption: $0.00
Personal Property: $0.00
S. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation code of the State of California.
4
CLTA Preliminary Report Form-Modified(11/17/06)
ITEMS: (continued) Title No. 09-40701905-MH
Locate No. CACT17741-7741-2407-0040701905
6. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a
document.
Granted to: Sierra and San Francisco Power Company, a corporation
Purpose: The right of erecting, constructing, reconstructing, replacing, repairing,
maintaining and using for the transmission of electricity two(2) lines of steel
towers and wires and wires for telephone purposes
Recorded: February 26, 1910,Book 178 of Deeds, Page 47,San Mateo County Records
Affects: A portion of premises
7. Terms and provisions as contained in an instrument
Entitled: Deed
Executed by: Spring Valley Water Company
Dated: January 17, 1910
Recorded: February 26, 1910, Book 178 of Deeds, Page 47, San Mateo County
Records
Affects: A portion of premises
8. Easement for the construction and maintenance of pipe lines granted to San Mateo County by
agreement dated February 6, 1928,as disclosed by the deed recorded March 3, 1930,Book 491,Page
1, of Official Records.
Affects: A portion of premises
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as condemned by Final
Decree of Condemnation,
Superior Court of: San Mateo
County Case No.: (not shown)
In favor of: Pacific Gas and Electric Company
Purpose: Electric transmission lines
Recorded: February 7, 1963, Book 4386, Page 546, of Official Records
Affects: A portion of premises
As amended by the Amended Order dated December 27, 1962, recorded February 7, 1963, Book
4386, Page 550, of Official Records.
10. The fact that said land is included within a project area of the Redevelopment Agency shown below,
and that proceedings for the redevelopment of said project have been instituted under the
Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment
plan) as disclosed by a document.
Redevelopment
Agency: City of East Palo Alto, The Ravenswood Industrial Area Redevelopment
Project
Recorded: July 17, 1990, Instrument No. 90095083, of Official Records
5
CLTA Preliminary Report Form-Modified(11/17/06)
ITEMS: (continued) Title No. 09-40701905-MN
Locate No. CACTI 7741-7741-2407-0040701905
Revised Statement of Institution of Redevelopment Plan Amendment recorded August 14, 2002,
Instrument No. 2002-159558, of Official Records.
An Amendment to the Ravenswood Industrial Area Redevelopment Plan recorded February 3, 2003,
Instrument No. 2003-026201, of Official Records.
An Amendment to the Redevelopment Plan for the Ravenswood Industrial Area Redevelopment
Project recorded March 5, 2004, Instrument No. 2004-041031, of Official Records.
11. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not
disclosed by the public record.
This Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease,together with all supplements,assignments and amendments thereto,
before issuing any policy of title insurance without excepting this item from coverage.The Company
reserves the right to except additional items and/or make additional requirements after reviewing said
documents.
12. Any facts, rights, interests or claims which a correct survey would disclose and which are not
disclosed by the public records.
END OF ITEMS
Note 1. If a county recorder, title insurance company, escrow company, real estate broker, real estate
agent or association provides a copy of a declaration, governing document or deed to any
person, California law requires that the document provided shall include a statement regarding
any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be
stamped on the first page of any document provided or included as a cover page attached to
the requested document. Should a parry to this transaction request a copy of any document
reported herein that fits this category,the statement is to be included in the manner described.
Note 2. Please contact Escrow Office for Wire Instructions.
Note 3. Any documents being executed in conjunction with this transaction must be signed in the
presence of an authorized Company employee, an authorized employee of an agent, an
authorized employee of the insured lender, or by using Bancsery or other approved third-party
service. If the above requirements cannot be met, please call the company at the number
provided in this report.
END OF NOTES
6
CLTA Preliminary Report Form-Modified(11J17(06)
EXHIBIT E
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
District's Delivered Documents
Letter dated September 19, 1978, from J. Warren Gardner, Supervisor of the Federal Grants
Section of the California Department of Parks and Recreation, to Herbert Grench, General
Manager of District, re approval of Baylands Park Acquisition Project, with attached Project
Agreement
Memorandum of Consent Decree dated December 14, 1005, affecting Ravenswood Open Space
Preserve
Executive Summary from the Year 6 Monitoring Report for the Cooley Landing Salt Pond
Restoration Project, dated January 31, 2007.
I
II
EXHIBIT F
TO
AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY
Ci s Delivered Documents
Wetland Delineation Maps:
Project Vicinity Ma Figure 2 dated Nov 2005
J Y p, g
• Wetland Delineation Map Sheets P-14 and P-14a dated Nov 2005
Excerpts from Geotechnical and Phase II Reports:
• Table 4, Phase 11 Sampling Matrix by Geometrix
• Table 5, Detections of Metals in Soil, by Geometrix
• Table 6, Detections of Petroleum Hydrocarbons, Pesticides and Volatile Organic
Compounds in Soil, by Geometrix
• Map, log and results of Boring 5-DP-1-1.0
• Map, log and results of Boring No. 5-R-2
• Results of sounding, 5-CPT-3
Lease dated July 16, 2001, between the City and County of San Francisco, as Landlord, and SCA
—Palo Alto, LLC, as Tenant
i
Midpeninsula Regional
' Open Space District
R-10-66
Meeting 10-13
May 12, 2010
AGENDA ITEM 4
AGENDA ITEM
Informational Presentation of the District Clerk's Office.
GENERAL MANAGER'S RECOMMENDATION
Receive an informational presentation of the duties and responsibilities of the District Clerk's
Office.
SUMMARY
For the first time in history, Midpeninsula Regional Open Space District (District) has a
standalone District Clerk dedicated to the Board. The District Clerk's Office will serve as Board
liaison for District staff and the public, and be responsible for ensuring compliance with the
Brown Act, scheduling standing and ad hoc committee meetings, coordinating public records
requests, and acting as the Elections and Political Reform Filing Official.
DISCUSSION
District Clerk Michelle Radcliffe was hired on April 5, 2010, and appointed by the Board on
April 12, 2010. Ms. Radcliffe received her Bachelors Degree in Political Science from San Jose
State University and received the Certified Municipal Clerk designation by the International
Institute of Municipal Clerks on July 2009. Ms. Radcliffe is currently working to receive
certification in Records Management from California Polytechnic State University, San Luis
Obispo.
The District Clerk's Office will provide support to the Board by serving as a liaison to District
staff and public. The District Clerk's Office will also act as the Elections Official for the
upcoming November election and will work with incumbents and candidates to ensure the proper
forms and campaign statements are filed in a timely matter. By working closely with the Legal
Department, the District Clerk's Office will be responsible for ensuring that the District is in
compliance with the Brown Act as well as other local, state, and federal statutes.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act and no
environmental review is required.
R-10-66 Page 2
zn
FISCAL IMPACT
None
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
NEXT STEPS
None
Prepared by:
Michelle Radcliffe, District Clerk
Contact person:
Same as above
• Midpeninsula Regional
11 Open Space District
R-10-67
Meeting 10-15
June 9, 2010
AGENDA ITEM 6
AGENDA ITEM
Award of Contract with TKO General Engineering and Construction Inc., for the Pond DR06
Repair Project at La Honda Creek Open Space Preserve.
GENERAL MANAGER'S RECOMMENDATION
act with TKO General Engineering and
Authorize the General Manager to execute a contract
Construction Inc., for the bid amount of$44,500 plus a 20% contingency for a total amount not
to exceed $53,400 for the Pond DR06 Repair Project at La Honda Creek Open Space Preserve.
SUMMARY
The Request for Bids for the Pond DR06 Repair Project was released on April 28, 2010. Four
Bid Proposals were received and opened on Friday, May 28, 2010. Evaluation of the bids
revealed that the apparent low bidder presented a complete and responsive bid package,
therefore, staff recommends awarding the contract for pond repair services to TKO General
Engineering and Construction Inc., for the total amount of$53,400, which includes a
contingency amount of$8,900. The FY2010-11 budget for implementation of this Project is
$86,000.
DISCUSSION
Background
Repair of the failing Pond DR06 was first identified in the Pond Management Plan prepared by
Vollmar Consulting in 2009 for the Former Wool Ranch portion of La Honda Creek Open Space
Preserve. In fact, this project received an "urgent" priority rating for implementation based on
water leaking actively through the earthen berm. The repair project includes the following major
tasks:
1. Replace the eroding spillway with a new outlet culvert and drop inlet structure to re-route
stormwater back into the primary drainage channel;
2. Improve the existing spillway to provide a secondary outlet for increased stormwater
discharge during extremely large storm events;
R-10-67 Page 2
3. Install an energy dissipater at the end of the outlet culvert;
4. Install a clay liner in the pond to increase ponding duration;
5. Rebuild the eroding earthen berm to provide long-term berm stability;
6. Re-contour the pond to provide improved habitat for California red legged frog;
7. Remove non-native, invasive vegetation and re-vegetating disturbed areas after construction.
Staff has completed the construction repair documents and obtained all necessary permits for this
project. The project engineer is also under contract to conduct construction inspections and
complete the necessary sign-off as required by San Mateo County.
Contractor Selection
The bidding process commenced on April 28, 2010. Bid packages were sent to eight(8) local
contractors and five (5) builders' exchanges. A legal notice was posted in the Half Moon Bay
Review and San Mateo County Times and an Invitation to Bid was posted on the District
website. A mandatory pre-bid meeting was held on May 12, 2010, and was attended by ten(10)
re received as shown
contractors. Sealed bids were due on May 2E, 2010 and four(4) yids were
below, with TKO General Engineering and Construction Inc., announced as the apparent low
bidder:
Percent Difference from
I�
Bidder Location Total BidCost Estimate of$60,000
1. TKO Construction Woodside, CA $44,500 -26%
2. Gecko Golf Dublin, CA $52,500 -13%
3. Conley Ge
neral Santa Cruz CA $67,
0 00 +12%
4. Andreini Bros. Half Moon Bay, CA $73,250 +22%
objective is to restore the integrity of important water storage landscape feature,
The project's obJ g y anm p
which provides improved habitat for the federally-listed California red-legged frog. Project
construction is scheduled for completion by October 2010.
FISCAL IMPACT
On March 24 2010 pp
the Board approved the FY2010-11 Planning Department budget, which
(
included $86 000 for this project ro'ect see Report R-10-53).
PUBLIC NOTICE
Public notice for the award of bid was provided as required by the Brown Act. No additional
notice is required.
CEQA COMPLIANCE
Awarding the bid and issuing a contract agreement for construction services for the Pond DR06
repair project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring
Plan for the Pond DR06 Repair project that was approved by the Board on September 23, 2009
(see Report R-09-108).
i
R-10-67 Page 3
NEXT STEPS
If approved by the Board, the General Manager will authorize TKO General Engineering and
Construction Inc., to perform construction services for the Pond DR06 repair, which is scheduled
to occur over a three to four week period between June and October 2010.
Prepared by:
Julie Andersen, Resource Planner
Contact person:
Same as above
f
i
i
+ 4
1 M
I
Midpeninsula Regional
• ' Open Space District
R-10-74
Meeting 10-17
,Tiny 14, 2010
AGENDA ITEM 7
AGENDA ITEM
Award of Contract with Ascent Environmental for Phase II CEQA/NEPA Environmental
Document Preparation for the Mount Umunhum Site Planning Project.
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to enter into a professional services contract with Ascent
Environmental (Ascent) of Sacramento, CA for $230,000 plus a contingency of$38,000, for an
amount not to exceed $268,000, to provide consulting services pursuant to California
Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA)review in
support of the Mount Umunhum site planning project at Sierra Azul Open Space Preserve.
SUMMARY
A team of qualified environmental consultants is needed to assist the District in preparing CEQA
an
d NEPA environmental documents that will assess a proposed site restoration and public
access plan for Mount Umunhum and Mount Thayer, both prominent peaks located at Sierra
Azul Open Space Preserve. The site plan will be subject to a thorough public participation
process that will begin in July 2010 and continue on an accelerated timeline in order to meet
federal funding obligation deadlines in 2011.
DISCUSSION
Histor
In 1986, the Distract acquired the former Almaden Air Force Station (Almaden AFS) and all of
its remaining facilities on Mount Umunhum and Mount Thayer (see Report 86-20) with the
intent to restore the area to a natural condition and provide public access. At 3,486-feet, Mount
Umu
nhum is among g the highest peaks in the Santa Cruz Mountains and offers spectacular
beyond. As art of the purchase, the
n Franc
isco and.be ,
Bay to Sa
panoramic vistas from Monterey y p p
Y y
p i
federal government agreed to clean up all containerized, surface, and above-ground toxic
substances under the Formerly Used Defense Sites (FUDS) Program.
For several years, the District has worked with community, state, and congressional leaders to
obtain federal funding to address major remediation tasks that are beyond the scope of the FUDS
for th
e eventual
reuse of the former
Program and to plan and implement site improvements
p
gi
I
i
R-10-74 Page 2
Almaden AFS area, including public access. In December 2009, Congress appropriated $3.2
million for the cleanup of Mount Umunhum. These funds are being used specifically for
abatement of hazardous materials associated with the structures on the site (Phase I) which need
to be abated prior to either structure retention/reuse or demolition. A separate contract was
awarded by the Board on April 28, 2010 to address CEQA/NEPA needs for the Phase I work
(see Report 10-47).
To proceed with the remaining actions necessary to provide public access to the former Almaden
AFS site, a draft site specific plan is being developed with input from the Sierra Azul/Bear Creek
Redwoods Master Plan Ad Hoc Committee that will guide the demolition and restoration efforts.
The site planning for the former Almaden AFS comprises the Phase II work and is the subject of
this recommended award of contract. Because of the compressed schedule to obligate federal
funds for the project, the District is proceeding with conceptual site planning activities
concurrently with the CEQA/NEPA process. The site planning and public involvement process
is scheduled for completion by the end of the current District fiscal year(FY2010-11). By hiring
the environmental consultants early in this process, the timeline for preparing the CEQA/NEPA
documents can accompany and be conducted concurrently with development of site planning
alternatives. This will enable potential project impacts to be minimized as site planning proceeds
and mitigation measures can be built into the site plan as it evolves through the public planning
process. As a result, the ultimate preferred and recommended project alternative will consider
the full range of public input while best meeting the District's requirements and federal funding
timeline constraints, as well as enabling a thorough and detailed environmental review to inform
final decision-making.
I
A Request for Qualifications and Proposals (RFQP) to provide environmental services and
prepare CEQA/NEPA documents for Phase II was released on May 24, 2010 via direct email,
mailing, and posting on the District website. A mandatory,pre-proposal conference was held at
the District's Administrative Office on June 2, 2010. Representatives from twelve (12) local and
regional environmental planning firms attended. The deadline for submission of proposals was
received a s shown bel
ow:
of eight 8 proposals
sals were e
2 10. A total
June 16, 0g O p p
Firm Location Cost Proposal
David J. Powers & Associates San Jose $61,900
ICF International San Jose $136,045
LSA Berkeley $168,578
ESA San Francisco $200,517
Design, Community & Environment Berkeley $204,870
Ascent Environmental Sacramento $229,751
AMEC Santa Barbara $242,637
AECOM San Francisco $781,745
The proposals were carefully evaluated by staff to assess the qualifications of each proposer,
including the quality of the proposal, the implementation approach, and overall team expertise.
The three firms most qualified for this project were identified by staff. Hourly rates and other
consultant costs were then considered. Based on the criteria outlined in the RFQP, staff has
determined that Ascent has the superior expertise and experience to provide the environmental
services and prepare the CEQA/NEPA documents for all components of the Mount Umunhum
site planning project and the ability to do so in a timely manner. The project team proposed by
Ascent includes the following sub-consultants: Northgate Environmental for analysis of
hazardous materials and remediation issues and Page & Turnbull for analysis of historical
R-10-74 Page 3
resources; Crane Transportation for analysis of potential traffic impacts of the project; and
Entomological Consulting Services for analysis of potential impacts to the endangered Smith's
blue butterfly, among other species. Northgate Environmental and Page & Turnbull have already
completed preliminary studies concerning site remediation project and historical resources at Mt.
Umunhum as consultants to the District and staff has been greatly satisfied by their work product
and expertise.
Ascent provides collective, specific experience of unequaled qualifications, and greater
flexibility and availability to work on the project than other firms. This combination is needed to
move the project forward through an expected high-profile process with strict and impending
federal funding deadlines while delivering high quality and fully compliant environmental
documents. Their approach is to focus on an opportunities and constraints analysis with a goal
of immediately conducting all site surveys and coordinating with the District on strategies to
avoid and/or minimize environmental impacts. This strategy will give the District the
information necessary to formulate project alternatives and guide public outreach. Providing this
information early in the site planning process will also help keep the project on an accelerated
schedule.
will be working maim with one of the firm's principals, Gary Jakobs, who recently
The District g y
over 45 00 0 employees; the other
om an of o
practice leader at a c
was the CEQA/NEPA prac company
principal, Curtis Alling, is a recognized statewide expert in the application of environmental
analysis to open space and recreation planning. He will provide advice as needed to ensure
project success. The two principals are supported by a staff of eight, including project managers,
biologists, air/noise planners and analysts, environmental planners, and GIS experts. The
relatively smaller size of this firm is also a distinct advantage as this firm will be able to react
and adjust rapidly to project developments when working with stakeholders and regulators and
can focus the time of its most experienced personnel on this critical District project without
numerous other projects competing for the attention and swift response of their project team.
Pre-Qualification List
At its meeting of January 27, 2010 (see Report R-10-24) the Board amended the District's Policy
regarding selection of consultants for professional services to state that, once a consultant has
been determined to be qualified to perform the category of professional services sought via the
Request for Proposals selection process, staff may maintain files of such qualified consultants for
a two-year period. During that period, such consultants may be retained without repetition of the
process for such
consultants will result in significant
nificant
RFP process. Using the pre qualification
lification g
p g p q
P
efficiency. Staff will always consider cost of service in the final decision to retain a pre-
qualified consultant.
Accordingly, the eight firms who submitted proposals were determined to be qualified and
competent to prepare CEQA and NEPA documents, have been placed on a pre-qualification list,
and are eligible to be selected to provide the District with environmental review services for
other projects that are appropriate for such firms.
FISCAL IMPACT
Federal Appropriations
The District has requested $4.28 million in federal appropriations to pay for any remaining
contamination remediation, structure demolition, and infrastructure removal. District staff
anticipates that notice of receipt of federal funding will not occur until December 2010. The
R-10-74 Page 4
District will submit a request to the Office of Economic Adjustment that all proposed consultant
fees associated with CEQA/NEPA environmental review for structure demolition and site reuse,
up to $268,000, be reimbursed by federal funding.
District Budget
At the Regular Board meeting of March 24, 2010, $120,000 was approved as part of the
FY20 10-11 budget for site planning at Mount Umunhum (see Report R-10-5 3) and includes a
portion of the $268,000 requested in this report. Staff will request the remaining amount
necessary to carry the project forward through the end of the fiscal year at the mid-year budget
cycle. Since the Phase 11 CEQA/NEPA scope of work will carry into FY2011-12, staff will
include a proposed budget for the remaining work as part of the FY2011-12 budget.
PUBLIC NOTICE
Notice has been provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
Retention of a consultant for environmental and CEQA/NEPA services does not constitute a
project under the California Environmental Quality Act (CEQA) as it will not result in a direct or
reasonably foreseeable indirect physical change in the environment [CEQA Guidelines Section
15060(c)(2)]. Any future action taken by the Board of Directors to implement any projects
recommended by the consultant will be subject to CEQA review at that time.
NEXT STEPS
Upon Board authorization, the General Manager will execute a contract with Ascent
Environmental to provide environmental services and prepare Phase 11 CEPA/NEQA documents
for the Mount Umunhum site planning project. Staff will work closely with Ascent to begin the
process of developing the environmental documents necessary to enable the District to conduct
the site planning process and present a recommended site plan and final environmental review
documents to the Board for approval.
Prepared by:
Kirk Lenington, Senior Resource Planner
Meredith Manning, Senior Planner
Contact person:
Meredith Manning, Senior Planner
Midpeninsula Regional
Open Space District
R-10-81
Meeting 10-17
July 14, 2010 AGENDA ITEM 8
AGENDA ITEM
Consideration of a New Name for Mills Creek Open Space Preserve
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE
RECOMMENDATION
The Legislative, Funding and Public Affairs Committee (LFPAC) recommends changing the
name of Mills Creek Open Space Preserve to Miramontes Ridge Open Space Preserve.
SUMMARY
At its April 26, 2010 meeting, LFPAC recommended that the name of Mills Creek Open Space
Preserve be changed to Miramontes Ridge Open Space Preserve because the ridge, which climbs
eastward from the edge of Half Moon Bay to Skyline Boulevard, is locally known as Miramontes
Ridge, and the new name would better acknowledge the land's historic heritage.
DISCUSSION
LFPAC discussed changing the name of Mills Creek Open Space Preserve to Miramontes Ridge
Open Space Preserve in 2004 to more accurately reflect the land's history. However, no decision
was made at the time. In the intervening years, the District has purchased the adjacent 676-acre
Miramontes Ridge property and the 32-acre Roberts property, both from Peninsula Open Space
Trust (POST), providing a natural extension to the prominent ridgelines that frame the preserve
and allowing the District to better protect the endangered steelhead trout found upstream in Mills
Creek (public access is currently limited pending trail planning and development).
With those two purchases completed, LFPAC believes the time is right for the Board to consider
changing the name of the preserve to Miramontes Ridge Open Space Preserve because it would
acknowledge the land's Mexican heritage and also reflect the fact that the ridge, which climbs
eastward from the edge of Half Moon Bay to Skyline Boulevard, is locally known as Miramontes
Ridge.
The ridge was named after Candelario Miramontes, who was a Spanish government official in
San Francisco when he was granted the land in 1841 by the Mexican state. Mr. Miramontes was
R-10-81 Page 2
the first non-native person to settle in the area and, in fact, was the first non-native resident of
Half Moon Bay.
Robert Mills, one of the Peninsula's wealthiest men, entered the picture more than two decades
later, in 1865. He was both a rancher and a developer and owned a part of what is today
Burleigh Murray State Park.
FISCAL IMPACT
Approval of this recommendation will have a minor impact on the District budget from name
changes on signs and District publications..
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXTSTEP
If approved by the Board, staff will change the name of Mills Creek Open Space Preserve to
Miramontes Ridge Open Space Preserve.
Attachments:
1. Consideration of names for Mills Creek OSP document
2. Mills Creek National Register Information document
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Same as above
i
Consideration of Names for Mills Creek Open Space Preserve
I
Summary of Historical Place Names Near Mills Creek O en S ace Preserve
In 1769, Gaspar de Portola,while navigating what is now the San Francisco Peninsula,somehow
managed to negotiate the heavily timbered mountains and steep canyons that lay between the bay and the
ocean,and stumbled onto an area so beautiful it must have taken even his experienced-explorer's breath
away the coastal lands of the San Francisco Peninsula.
This was an area lush and green and fertile—and almost completely inaccessible by any means then
known to man—ship,horse, or even by foot. To the west were coastal cliffs and an ocean pacific in name
only. To the north and east were forested mountains and steep canyons. Even the Spanish missions,that
soon owned the lands after Portola's arrival,basically ignored the area,which, ironically,provided the
native tribes one final refuge before the Mexicans,and later the Anglo-and European-Americans,finally
arrived to supplant them.
When Mexico won its independence from Spain,the Mexican territorial governors took much of what had
been Spanish mission lands in Alta California and granted them to their fellow Mexicans,who proceeded
to establish vast Ranchos. Along the Peninsula,lands belonging to the Mission Dolores in San Francisco
these land ants the two most significant ficant of which were Rancho Corral de
number of �
were divided into a numb grants,w
Vasquez in 1839 and Rancho Arroyo de los Pilarcitos (Creek of the Little
cio Vas Y
Tibur
Tierra conveyed to q
Pillars),conveyed to Candelario Miramontes in 1841.
Although Vasquez received his Land Grant before Miramontes,Miramontes was the first to actually settle
i ar itos Creek. Miramontes would later become
he southern ba
nk of P l c
on t
' the area bu
ilding his house
m g
known as the first resident of Half Moon Bay, He moved his wife, 13 children,and some 30 head of
livestock over native foot trails from the Presidio in San Francisco to his 4,424-acre Rancho on the
Peninsula. Miramontes re-named his new estate Rancho San Benito,but the name most commonly used
by Anglo-and European-Americans was Rancho Miramontes—perhaps to distinguish.it from the small
community of San Benito that soon grew up around the Miramontes house. Eventually, San Benito grew
to be the largest and most prosperous of the few small supply towns that developed in the area.
From 1846 to 1848, Mexico and the United States were at war with each other. A war which Mexico lost,
and which eventually led to California becoming the thirty-first state of the United States in 1850. War
over, Statehood accomplished, and gold discovered,the huge Anglo-European-American influx into
California began. Among so many other things,new roads were built,even through the Santa Cruz
Mountains,and soon the little town of San Benito was no longer quite so inaccessible. Soon,in fact,the
little town of San Benito was re-named Spanishtown by the newly arrived Anglo-Europeans because
Spanish was the primary language spoken there. And the name stuck until 1908 when it was officially
changed to Half Moon Bay.
By 1853,the heirs of Miramontes had sold large portions of the Rancho they had inherited. Two of the
people they sold their land to were James and William Johnston,whose ranch eventually included half of
what had been the original Miramontes Rancho.
Another prominent landowner in Spanishtown was Robert Mills,who in 1865 was listed as one of the
Peninsula's richest men. He acquired properties in and around Spanishtown,including a portion of what
is now Burleigh Murray Ranch State Park. He was both a rancher and a developer, engineering the
"Spanishtown South" subdivision through government channels in Redwood City. Mills also owned a
large parcel of land adjacent to Frank Madonna's and Guilio Franciola's dairy ranches east of town in the
Pilareitos Valley. Both Madonna and Franciola were an enterprising pair who,besides dairy farming,
maintained orchards,experimented with vineyards and winemaking, and formed a land development
partnership with Robert Mills and Joseph Debenedetti. In fact,Mills and Madonna became such
prominent citizens,two of the major creeks in the eastern hills were named after them.
Staff Recommendation for Re-naming Mills Creek Onen Space Preserve
Based on our research into the history of the area,we are recommending changing the name of Mills
Creek Open Space Preserve to Miramontes Ridge Open Space Preserve. The most imposing ridge that
climbs steeply eastward from the edge of Half Moon Bay all the way to Skyline Boulevard is locally
known as Miramontes Ridge. Peninsula Open Space Trust acquired a large portion of Miramontes Ridge
in 1997 from the Gilchrist family,and the District has recently been awarded a Coastal Conservancy grant
to assist in purchasing that property as an addition to the existing Preserve.
i
i
i
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Ranchos of San Mateo CouxntY
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1822 - 1846
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National Register#90000120
Robert Mills Dairy Barn
AKA Burleigh Murray Park
Higgins Purisima Road
Half Moon Bay
Built 1889
The Gold Rush lured Robert Mills from England to San Francisco where he worked as a glazier. His projects
included William Ralston's Palace Hotel and his home in Belmont. Like most of the men who prospered during
the Gold Rush, Mr. Mills earned his money from trade, not gold. By 1862, he had saved enough to buy 1,100
acres in this secluded valley south of San Francisco.
During the next several decades, Mr. Mills built a house, a dairy barn and other dependencies to create a ranch.
The landmark dairy barn, built in 1889, was originally over two hundred feet long and housed more than one
hundred cows as well as tenants who had immigrated from England, Ireland, Italy and Portugal.
The ranch remained in the family for over a century until Mr. Mills' grandson and heir, Burleigh Hall Murray,
died in 1978. His estate donated the property to the California Department of Parks and Recreation the following
year.
Mills,Robert,Dairy Barn **:(added 1990•District-#90000120)
Also known as Burleigh H.Murray Ranch
II
San Mateo County -Higgins Purissima Rd ,Half Moon Bay
(250 acres, 2 buildings, 1' structure) -
Historic Significance:Event, Architecture/Engineering,
Person
Architect,builder,or engineer:Mills,Charles,Martini,G.B.
Architectural Style:Other
Historic Person:Mills,Robert P.
Area of Significance:Architecture,Agriculture
Period of Significance: 1875-1899
Owner:State
i
Historic Function:Agriculture/Subsistence
Historic Sub-function:Agricultural Outbuildings
Current Function:Vacant/Not In Use
From State Parks website
Burleigh H. Murray, for whom the acquisition is named, was born on the ranch July 19, 1865. His father came to
California from Vermont in 1852 following the discovery of gold and worked in the mines at Auburn, Placer
County. In 1857 he settled at the present Murray Ranch with some sheep and cattle and began a successful dairy
farm. The Mills Barn and surrounding out buildings, are maintained in a condition of arrested decay. Mills Barn
hugs the hill beside perennial Mills Creek. This historic structure dates back to the late 1800s and is a good
n
representation of an English Lake Country Bank Barn. Originally 200 feet in length and capable of housing 100
dairy cows the Mills Barn is the only building of this type in California. The foundation of the barn and other
buildings, including an un-reinforced arched stone bridge, rely on Italian masonry techniques dating back to
Roman times.
I
Midpeninsula Regional
' Open Space District
i
R-10-80
Meeting 10-17
July 14, 2010
AGENDA ITEM 9
AGENDA ITEM
Approve the Legislative, Funding and Public Affairs Committee's Recommendation to Establish
a Memorial Bench Fund.
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE (LFPAC)
RECOMMENDATION
Approve the recommendation of the Legislative, Funding and Public Affairs Committee to
Establish a Memorial Bench Fund.
GENERAL MANAGER'S RECOMMENDATION
Amend the Policy for Site Naming, Gift and Special Recognition to reflect LFPAC's
recommendation to establish a Memorial Bench Fund.
SUMMARY
At its April 26, 2010 meeting, LFPAC recommended that requestors of special recognition pay
$5,000 as an endowment to reimburse the District for the cost of constructing, installing and
maintaining a memorial bench for twenty years. The District will put these funds into an
interest-bearing account and all such sums will be used to preserve memorial benches.
The General Manager recommends including the Memorial Bench Fund in the District's Site
Naming, Gi
ft and Special
eeial Recognition policy
.
I�
DISCUSSION
r Gift and Sp
ecial
amended the Site Nam
ing,meeting, the Board amend ,
10 mee p
At its January 13, 20 �„ g
Recognition Policy by adding language stating that requestors of special recognition must pay
for the cost of constructing, installing and maintaining a memorial bench. At the same meeting,
1 discussing the idea of establ
ishing a Memorial Bench
Board members charged LFPAC with d s g €,
Fund from which maintenance costs could be paid over time.
R-10-80 Page 2
5
(At the recent June 23, 2010 Board meeting, Directors approved two standard bench designs
policy. At the meeting st
aff confirmed
whose specifications were inserted in the memorial bench p y g
i trict s site naming policy allows Directors at any point to choose a
l. B. oftheDs
that Section V g P Y
bench design that differs from the standard designs:
«LFPAC can at any point bringdesigns to the Board that differ from the District's standard
g
bench designs.")
i
LFPAC met on April 26, 2010 and recommended that requestors of special recognition pay
$5,000 into a Memorial Bench Fund for the cost of constructing, installing, repairing and
maintaining a memorial bench for twenty years, an amount staff believes to fairly reflect the
costs. The District will put this Memorial Bench Fund into an interest-bearing account and these
funds will be used solely for memorial bench construction, installation, repair, and maintenance.
The General Manager recommends that the Policy for Site Naming, Gift and Special Recognition
be amended by adding new language to reflect LFPAC's recommendation to establish a
Memorial Bench Fund. Since the fund will henceforth provide dedicated funding, the General
Manager also recommends that language designed to guard against the possibility of donors
abandoning memorials is now obsolete and should be stricken from the policy.
FISCAL IMPACT
For any benches that are installed pursuant to this policy, the District will require a one-time
$5,000 endowment from requestors of special recognition to pay for the cost of maintaining a
memorial bench for twenty years. Approval of this recommendation will ensure cost recovery
for the memorial bench program and will not result in any additional budget expenditures.
PUBLIC NOTICE
Notice was provided pursuant to the Brown Act. No additional notice is necessary.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Same as above
I
i
R-10-80 Page 3
POLICY FOR SITE NAMING. GIFT AND SPECIAL RECOGNITION
Adopted by the Board of Directors
August 25, 1993
Amended September 14, 1994
Amended June 24, 1998
Amended September 12, 2001
Amended October 8, 2008
Amended January 13, 2010
1. SITE NAMING
All District site names and signs should be kept as simple and functional as possible. When a
property is acquired, either as an addition to an existing preserve or for the establishment of a
new preserve, a name will be recommended in the Preliminary Use and Management Plan. In
most cases, "open space preserve" is appropriate as part of the name; however, there may be
circumstances when another designation may be used. In some cases, a temporary name may be
retained until the next Comprehensive Use and Management Plan review.
A. Open Space Preserves
The name given to each open space preserve should be general enough to remain
suitable if the site is enlarged, but specific enough to give its location some significance.
Properties added to an open space preserve may not always be contiguous with that
preserve.
1. Preserves shall be named after:
a) geographical features of broad, general significance to the preserve;
names, uses or ev
ents broadl
y associated
cultural a
b) historical persons, y
with the locale.
2. Preserves shall not be named after any individuals other than historical
persons as noted above.
B. Preserve Areas Trails Site Improvements Historic Sites and Unnamed Natural
Features
This p
designation refers to specific locations, land formations, trails, natural and physical
g
features, staging areas and other site improvements, and areas of significance within open
space preserves. Recognition of significant land gifts, including "bargain" purchases,
will be negotiated at the time of the gift or bargain purchase.
I �
R-10-80 Page 4
1. Preserve areas, trails, site improvements including benches and bridges,
historic sites and previously unnamed natural features shall ordinarily be named
after:
a) geographical, botanical or zoological identification;
b) historical persons, uses, or events associated with the site, or persons
and organizations listed in Section III: "Special Recognition".
2. Preserve areas, trails, site improvements, historic sites and unnamed natural
features may in rare instances be named after a living individual who has
made an outstanding contribution to the District, subject to approval by the
Board of Directors.
II GIFT RECOGNITION
The purpose of the gift recognition policy is to provide an opportunity for the District to
that have made significant contributions of cash,
recognize and commend individuals or groups g
g
equipment, materials, goods or professional services toward the enhancement of the District, its
programs, and its facilities.
A. Unsolicited Cash Gifts:
$ 0 to $ 25 Postcard of thanks
$ 26 to $ 499 Letter signed by General Manager
$ 500 to $1,999 Letter signed by President of the Board
$2 4� g Y 999 Letter signed b President of the Board and
000 to $
District gift item (note cards, etc.)
to 9 999 Letter signed b y President of the Board and
5 000 $
$ � g Y
framed photograph of favorite District preserve
$10,000 or more Letter signed by President of the Board and
Resolution and framedphotograph of Distnc t reserve and
p
* 'n a District publication
mention i
B. Gifts for Memorials (includes cash equipment materials goods or professional
services):
While recognition will generally not be solely based on financial contributions,
he District if the have been approved
gifts for memorials will be accepted by t y pP
process set out in Section III below. Memorial benches
under the gu
idelines and ,
g
P
will typically only be installed in locations that have been previously approved.
Typically, the donor will be asked to provide funding to cover the costs of
YP Y�
materials, installation, and staff time. Depending on the type of memorial and its
location, staff will also arrange for the donor to contribute to anticipated
maintenance expenses for a reasonable time period.
*
0 r.
These items will be provided onlyif desired b y the don
R-10-80 Page 5
111. SPECIAL RECOGNITION
The Legislative, Funding and Public Affairs Committee (LFPAC) shall be the committee
designated to discuss all requests that meet the criteria of the policy for special
recognition, made by members of the Board of Directors or by members of the public,
including bench memorials and the naming of bridges, and after deliberation shall decide
which requests will be referred to the full Board for a vote.
If a request for special recognition under Section III (A) is approved by the Board of
Directors, the requestor(s) shall pay for the cost of constructing, installing and
maintaining a memorial bench by contributing $5,000 to a Memorial Bench Fund to
cover the cost for twenty years. The District will put this fund into an interest-bearing
account which will be used solely for memorial bench construction, installation, rep
and maintenance.
if a fnemofiaj betleh E)r- other-fnetnefial f4eility is abandoned by a donor-, the Distfiet
fes fves the fight to maintain, — dedi--11-, of r-emove the fnemer-ial bench or-othe
ffieffl-off-i-al th-eility at its sale diseretion. As a eouftesy, denor-s would be notified of the
intent to re dedieate or remove a fnemor-ial and allewed a two menth gr-aee pefiod to
r-enem, donef obligations (ineluding fnainteaanee)-.
A Deceased Founders, Significant Supporters,and Volunteers
"Founders" "Significant Supporters", and "Volunteers" are eligible for special
recognition, including memorials.
"Founders" shall be defined as an individual or group of individuals who participated in
the formation of the District, or were significant supporters of the formation of the
District.
"Significant Supporters" shall be defined as individuals or group of individuals who have
shown conspicuous or noteworthy support for the District through extraordinary
contributions of time and effort to the advancement of the goals, philosophy and mission
of the District.
"Volunteers" shall be defined as individuals or groups of individuals who donated their
time to the District by working for the District's docent or volunteer program.
IV. RECOGNITION OF HISTORIC SITES
A A recognition monument, normally in plaque form, may be considered by the
Board if it is in relation to a specific existing building or other remaining structure of
significant historic value. In such cases, the plaque will be affixed or in close proximity
to the structure itself. If there is no structure, then recognition may he considered for
I
R-10-80 Page 6
inclusion on District informational materials or trail signage. Such a site, in the absence
of a building or structure, will ordinarily not be physically marked except as determined
by the Board on a case-by-case basis as part of the Use and Management planning
process for the corresponding open space preserve.
Any Board-approved memorial names may be included in site brochures, maps, or other
informational materials.
V. APPROVED MEMORIAL BENCH LOCATIONS
VI. STANDARD BENCH DESIGN SPECIFICATION
A The District uses the following two standard bench designs:
I
Backed bench:
Dumor- Bench 88, recycled plastic slates (color: CEDAR), steel leg supports (color:
BLACK, IMBEDDED)
6' or 8' lengths
Backless bench:
Dumor- Bench 103, recycled plastic slates (color: CEDAR), steel leg supports (color:
BLACK, IMBEDDED)
103-60PL C long, 3 supports
103-80PL 8 long, 3 supports
B LFPAC can at any point bring designs to the Board that differ from the District's
standard bench designs.
i
Midpeninsula Regional
Open Space District
I ' ►
To: Board of Directors
From: Stephen E. Abbors
Date: July 14, 2010
Re: FYIs
f � y
., 1. .
MAY 2; Z i
• Peninsula Open Space Trust ' f •-_< t- ,. �
Board of Directors
Mark A. Wan,Chair May 25, 2010
Steve Blank
Donna Dubinska
Jan F. Garrod
Larry Jacobs Mr. Kirk A. Lenington
Charlene Kabeenell Senior Resource Planner
Robert C. Kirkwood
Paul Newhagen Midpeninsula Regional Open Space District
Brad O'Brien 330 Distel Circle
Sandra Thompson Los Altos CA 94022
Karie Thomson �
Advisory Council
Sheldon Bremer,Ph.D. Dear Kirk,
Allan F. Brown
Patricia Compton
Susan Ford Dorsey On behalf of the staff at POST, I want to say how grateful we are
Phyllis Draper David L. Fletcher that you came to our all staff meeting this past Tuesday to present an
Robert B.Flint Jr. insightful look into the planning process the District undertakes for new
Vince S.Garrod projects. Your thorough presentation helped our staff gain a far deeper
Sukey Grousbeck
Rosemary Hewlett understanding and appreciation for the extensive amount of work that
Christina A.Holloway you and others at the District perform prior to opening lands to public
Patricia L.Hooper access. Your materials were informative and engaging, and our staff as a
Mary Hufty,M.D.
Karla Jurvetson,M.D. whole agreed it was a great presentation.
Martha J.Kanter
Suzanne B.King
George M. Marcus The competency you demonstrated and the grasp you have of this
Norman E.Matteoni elaborate planning process impressed the members of our staff. The
Jacqueline Mayer quality of your presentation and materials conveyed these remarkable
Robert W.McIntyre
Dianne McKenna capabilities as well. I want to express our deep appreciation for the
Robert H.Miller incredible amount of work you personally, as well as the staff at the
David W. Mitchell District have done towards promoting the public use and enjoyment of
Gordon E.Moore,P1t.D.
Bette Moorman the Driscoll Ranch and Mindego properties.
Janet Morris
Susan Orr
F.Ward Paine
Paul O.Reimer Sincerely
William Reller '
Barbara Doyle Roupe /jC / _
Alexander H.Se hilling Jr. G���///
Joseph R. Wan Walter T. Moore
T.Chester Wang
Anne M. Westerfield Executive Vice President
Rosemary Young
Leah Zaffaroni
President Cc: Steve Abbors, General Manager
Audrey C. Rust ✓Ana Ruiz, Planning Manager
222 High Street
Palo Alto,California 94301
Tel: (650)854-7696
Fax: (650)854-7703
www,openspacetrust.org
Recycled Paper
i
°Lr,F Reed P.Noss,Ph.D.
Davis-Shine Professor of Conservation Biology
University of Central Florida,Department of Biology
4000 Central Florida Blvd.,Orlando, FL 32816-2368
phone: (407)823-0975, fax: (407)823-5769,email: rnoss@mail.uc£edu
June 1, 2010
Julie Phillips
Environmental Studies Program
De Anza College
21250 Stevens Creek Blvd.
Cupertino, CA 95014
Dear Julie:
Thank you for the opportunity to visit De Anza College on May 12-15, 2010, and present the Kirsch Lecture on
my work to reconcile species-based and ecosystem based approaches to conservation. I especially appreciated
the opportunity to meet with faculty, students, and staff of the Environmental Studies Department, to participate
in classes(bird surveys and wildlife crossings), and to observe and participate in the cutting-edge field research
that your group is conducting in the Coyote Valley and in the adjacent Santa Cruz Mountains, Coyote Ridge,
and Diablo Range.
I want to call attention to the importance of the work that your faculty, staff, and students are conducting and its
relevance to real-world conservation planning in California and beyond. As you know, I have many years of
research experience and have published extensively in the areas of corridor ecology, habitat fragmentation,
road ecology (e.g., wildlife crossings research), and landscape ecology and conservation biology generally. I
can say without hesitation that the work of your group is technically sound and employs the best available
science, field techniques, geographic information system (GIS) technology, and other methods to address the
r doing
work you are very urgent problem of habitat fragmentation in the Coyote Valley and its surroundings. The y g
has real-world impact that extends far beyond your local area. As a case in point, the recently released
Calif
ornia Essential Habitat ConnectivityProject(http://www.dfq.ca.gov/habcon/connectivity/)features the
linkage across the Coyote Valley precisely as it was delineated by your group of faculty, students, and staff.
for wildlife population connectivity might have been missed.
i hout our work this critical linkage Y 9
Without P P
Y
9
In December 2008, Dr. Paul Beier and I visited De Anza College and reviewed your program. At that time we
were very impressed with your work and, in our subsequent letter, agreed that"the primary corridor across
Coyote Valley identified by the Environmental Studies faculty and students is, in our opinion, the optimal
corridor." During my visit in May 2010, this impression was confirmed. In fact, your group has confirmed it
through your detailed and rigorous research to document the importance of this linkage for wildlife.
Beyond your research on wildlife corridors and road ecology, I must say that your Environmental Studies
r practical an
d relevant
� conducting more worldwide. are co
program is the most impressive of any I am aware of worldw de g p
a
work than the vast majority of conservation biology programs in major universities. I pp laud your efforts and
look forward to learning of your continued progress.
Sincerely,
Reed F. Noss
II
Cooley Landing Newsletter—June, 2010
East Palo Alto residents have had a long standing interest in opening Cooley Landing as a
public park for open space recreation and environmental and history education.
How can I get involved?
We will present the Cooley Landing plan and invite more community comments at this meeting.
Please join us!
City Council Meeting
Monday,July 20, 2010, 7:30 pm, at City Hall,
2415 University Ave., East Palo Alto
(Note: This is when the meetings begin, but Cooley Landing will be later on the agenda)
Staff will ask the Council to consider supporting further study of the project description in the
Cooley Landing Vision Plan as required by the California Environmental Quality Act (CEQA)
during the next several months.
What's happening June and July?
Cooley Landing Vision Plan—A draft Cooley Landing Vision Plan is finally out! This
document pulls together all the community voices that have contributed since 2003 to defining
Cooley Landing's future. It summarizes results of community meetings, technical studies,
regulatory agency consultation, and plans that we've been emailing you, posting on the
www.cooleylanding.org website, and presenting at community meetings. The main document is
106 pages, which does not include appendices. So you may prefer to borrow a hard copy to look
at in the East Palo Alto Public Library at 2415 University Ave. (City Hall), or go to 1960 Tate
Street (Planning Department), East Palo Alto, for a copy. Please send comments to Lily Lee at
650-853-3166 or llee(Lvcityofcpa.or . We will collect comments and send a revised version to
the City Council by July 16 to prepare for the July 20 meeting.
East Palo Alto Planning Commission Recommendations—Thank you to all the residents who
attended and gave testimony at the June 14 and June 28 presentations about Cooley Landing at
the City of East Palo Alto Planning Commission meetings. We had lively discussions about
soccer fields, weddings, parking, and other topics. In the end the Planning Commissioners
recommended keeping Cooley Landing a quiet place for passive recreational activities and
nature/history education. They voted to recommend that the City Council approve the project
description in the Cooley Landing Vision Plan for further study, as required by CEQA. They
also voted to recommend a zone change from"Resource Management"to "Community Open
Space Conservation," which would allow a nature/history education center. Third, the
Commission voted to recommend that the City Council approve the Phasing Plan presented,
which would prioritize capping the contaminated soil and planting new plant cover to allow the
public access to the site. In later phases, as funding is secured, the City would improve Bay
Road, add utilities, renovate the existing building, build trails, add an outdoor classroom, and
other site features. Finally, the Commission voted to recommend the reduced parking alternative
plan to the City Council.
As more background, CEQA requires that before construction any development project must
study the environmental and other impacts of a proposed project. If those impacts are too much,
then the project can propose to "mitigate" (reduce) those impacts, if approved. Staff and
consultants will draft an "Initial Study"through the summer to describe those impacts and
propose mitii-lation measures. In the fall, 2010, staff will ask the Planning Commission to
consider recommending a CEQA determination about level of impacts (based on that Initial
Study) to the City Council. The City Council must approve a CEQA determination before
construction.
Big thank you to the Hewlett Foundation! —The Hewlett Foundation has approved a $50,000
grant for to the Cooley Landing designated fund of the Philanthropic Ventures Foundation. This
funding can be used for community engagement, planning, fundraising, and technical studies.
Many thanks for their generous contribution. Special thanks to Danielle Deane, Camila Simon,
and Tom Steinbach for their support.
Big thank you to Congresswoman Anna Eshoo - The House of Representatives Transportation
Subcommittee approved $600,000 in its Appropriation Bill on July 1. This bill still has to go
through many steps before this is final. Nevertheless, this is a great first step.
Peaking under the foundation . . .
Sniffing for methane— Environmental agencies (e.g. State Regional Water Quality
Control Board, County Environmental Health Services, Cal Recycle) are concerned that landfills
often generate methane gas as the organic (formerly living) material (e.g. wood, paper, cloth,
etc.). Methane could be a health hazard if it rises up into the building. Cooley Landing used to
be a bum dump. This means that the organic material could generate methane probably burned
in 1932-1957 when the dump regularly caught fire. So it is likely to be gone. In addition, in
1998, the county dug holes and tested gas at Cooley Landing in 6 places and did not find
methane levels high enough to be a concern. Nevertheless, to ensure public safety, the City's
environmental consultants will test the air under the building's foundation in July.
Checking liquefaction —You may remember that the Marina neighborhood of San
Francisco did not fair well in the Loma Prieta earthquake in 1989 because it was built on fill.
Cooley Landing is also built on fill, so the US Geological Survey has designated this a
liquefaction zone. This means during an earthquake, the ground is likely to act like a liquid
instead of a solid. In July, geologists will dig holes under the building at Cooley Landing to do
tests that will help an architect design future structural support in a way that best protects the
building from too much damage during an earthquake.
1
Sewer system can be gravity fed—A topographic survey of Bay Road has shown that the
project has enough natural slope that it can fit a sewer connection without needing a pump. This
saves $30,000!
tobytong
_. �� -Kip,., .✓.-" -... ..
Bayview-Hunters Point EcoCenter at Herons Head - Have you seen this fabulous nature
center in San Francisco? Literacy for Environmental Justice, a Bayview-Hunters Point nonprofit
has built this waterfront center on a former landfill featuring amazing green technologies.
Thanks to the introduction from Anna Turner of Youth United for Community Action(YUCA),
Laurie Schoeman, the EcoCenter Project Manager, gave an inspiring and eye-opening tour to
Lily Lee and Brian Fletcher(landscape architect). We are researching the possibility of
including some of the great ideas from this center into the Cooley Landing plans. Please see this
website for more information: http://www.lejyouth.org/ecocenter/eco.html
New student interns—Albert Ho and Diana Lee—Diana Lee is a Junior studying
Environmental Science at UC Davis. This summer, she will be working developing
environmental education activities related to Cooley Landing for the youth in the City's Summer
Recreation Program. She has experience delivering environmental education programs,
mentoring high school youth, and working for the Southeast Food Access Group in Bayview
Hunters Point, where she went to high school. She comes to this project from the US
Environmental Protection Agency Tribal Program. Albert Ho is an architecture student at the
University of San Francisco. Thanks to Prof. Grace Lee, his class drafted a Cooley Landing
brochure for community environmental and history education. He is finalizing this brochure this
summer as well as doing research on potential green technologies to implement at Cooley
Landing. Thank you to Albert and Diana for your volunteer help to Cooley Landing!
Note: If anyone else has memories,photos, stories,poems, or any other contributions to share in
the newsletter,please send them in! Thanks!
And now the critter of the month is. . .
Long-billed Curlews and a Sports Stadium?
By Galli Basson, Midpeninsula Regional Open Space District
The invertebrates living in the mudflats surrounding Cooley Landing are an important food
source for shorebirds. Shorebirds, most of which are in the family Scolopacidae, are small to
medium size birds with long legs and relatively thin bills. They are often seen in mudflats and
along shoreline habitats foraging for small aquatic insects, worms, and crabs. The bill of each
species is specialized for different foraging patterns. In general, species with straight bills use
rapid thrusts through the mud or water to pick off prey whereas birds with decurved bills remove
long, soft-bodied prey and bottom dwelling invertebrates.
Shorebirds can be difficult to identify, which is why I enjoy seeing the long-billed curlew, not
only is it a fantastic looking bird, it is easy to identify! The long-billed curlew is a large
shorebird with a distinctive long bill that curves downward. Its bill is best adapted for capturing
shrimp and crabs living in deep burrows on tidal mudflats or burrowing earthworms in pastures.
An interesting fact about long-billed curlews is that they used to be called "candlestick birds",
which is what Candlestick Point and the Candlestick Park Stadium in San Francisco are named
after.
•�' K = ( 'fit �
o
.- - -- � _ t -mot _ ��• � $�-�-.A. .%
Photo of Long-billed curlew
Many thanks to Galli for sharing her fascinating facts!
How can I contribute?
The Philanthropic Ventures Foundation has set up a Cooley Landing Fund. Tax-deductible
donations can be made through Philanthropic Ventures Foundation, a 501(c)(3) public charity
acting as the depository for the Cooley Landing project. This information will be in a link from
the www.coolev1andim4.m4 website.
.4 Donate Online
Make an online donation via Philanthropic Ventures Foundation's secure online donation form.
Next to "Support one of PVF's Designated Funds," make sure to select "Cooley Landing"
https://secure.�roundspring.org/dn/index.liliv?ald=12832
�Donate by Mail
Send your donation by mail. Please make your check payable to Philanthropic Ventures
Foundation. Be sure to specify "Cooley Landing" on your check memo line. Send your check to:
Philanthropic Ventures Foundation
1222 Preservation Park Way
Oakland, CA 94612-1201
Many thanks to Bill Somerville and Dawn Hawk at the Foundation for setting this up!
How can Iget more information?
0 City Hall, Community Room - You can see the latest version of the draft plan at the wall at
City Hall in the Community Room on the first floor.
0 Website—Please see the new Cooley Landing website where I'll continue to post updates
www.cooleylanding.org. It has past newsletters, which give more background information.
0 Library—Please visit the East Palo Alto Public Library at 2415 University Ave. (City Hall),
where the Reference Librarian can point you to a collection of Cooley Landing infon-nation.
Many thanks to East Palo Alto resident Michel Valenzuela for updating this information for
the public. We now have a full set of presentations and newsletters in a binder for your
review.
0 Contact Lily Lee, Cooley Landing Project Manager at 650-853-3166 or Ilee&cityofepa.org.
2415 University Ave., 2"d Floor, East Palo Alto, CA 94303. Fax 650-853-3115
Midpeninsula Regional
Open Space District
CLOSING MEMORANDUM
i
To: Stephen E. Abbors, General Manager
From: Michael C. Williams, Real Property Manager
Date: July 2, 2010
Subject: Chen Property Addition, Cathedral Oaks Area of Sierra Azul Open Space Preserve
Escrow closed for the subject transaction on June 30, 2010, and title to and possession of this 121.57-acre
parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the
Board. In accordance with the Public Notification Policy, neighbors to the property were notified of this
purchase. As there were no comments made by any of the neighbors or members of the public that might
require amendments, close of escrow marks the final adoption of the Preliminary Use and Management
Plan, approved by the Board of Directors at its meeting of June 9, 2010.
The following chart presents dedication and acquisition details for this property:
DEDICATION&ACQUISITION INFORMATION
Preserve Ownership Status:
Board Approval Date&
Resolution Number or
& County Grantor Acres (Fee,Easement,Lease,
gt General Manager
Area M mt Agreement)
A.P.N. gApproval Date
Sierra Azul Santa Clara Tom Tong Chen and 121 June 9,2010
Cathedral Oaks 558-30-010 Nancy Pei-Shing Chen .57 Fee 10-20
Mgmt.Status: Dedication Date
ClosingDate (Open,Closed CMU
( p Status(Intended or Purchase Price GIS Code
or
Other
Type
Withheld)
June 30,2010 Closed Withheld Cash $800,000 1798
Misc.Notes:
I
cc: Board of Directors
Administration '
Accounting
Operations&Field Offices
Planning
GIS Coordinator
Public Affairs
Legal
it __
t Sierra AzuI
Cathedral Oaks Area
��C d
C�,
O S
oa Road
oaa
Weaver
a _
Road P port Chen Property <o
Stewart Dr. 121.57 Acres fia
7
/0P'c°f J C°c Airport
sf
He9 O Pd
hfs o
d �
"o Dr.
x Redw, Holy City
E a °a Rd.
j 3rive 1 Go/
R°dd San Jose Water Company
a
Sierra Azul OSP
L Cathedral Oaks Area
U
9i
t o� Ralph's
Groh Mountain
2716
"19nW ay San Jose
N P�� Water
N N _
ar Company:
c m
Attachment A: Proposed Addition of Chen Property, Midpeninsula Regional
Cathedral Oaks Area of Sierra Azul OSP Open Space District
® Proposed Addition Watershed Land Other Protected Open Space Nonprofit Land May 2010
or Park Lands
�MROSD „ Other Public Agency � Conservation or AgriculturalMdes
Easement o o its azs 05
zt
GENERAL MANAGER
Stephen L Abbors
Regional
penSpace I Midpeninsula Regional Open Space District BOARD OF DIRECTORS
Pete Siemens
Mary Davey
Jed Cyr
July 2, 2010 (AIrt Riffle
Nonette Hariko
La Honda Pescadero Unified School District tarry Hassett
P.O. Box 189 Cectly Harris
Pescadero, CA 94060
Attn: Amy Wooliever, Superintendent
Re: Agreement Between La Honda Pescadero Unified School District (LHPUSD) and Midpeninsula
Regional Open Space District (District)—Report of Purchase and Semi-Annual Installment of Tax
Compensatory Fee
Dear Superintendent Wooliever:
On behalf of the District, I am forwarding the Tax Compensatory Fee Payment Schedule (Schedule) and
payment resulting from District property purchases within the LHPUSD boundary and the District's
Coastside Protection Area, as outlined in the March 2004 Agreement.
The Agreement requires the District to make Tax Compensatory Fee payments to LHPUSD in two semi-
annual installments on January I" and July I" of each calendar year for any lands purchases completed by
the District within the LHPUSD boundary.
The District has not purchased any additional properties within the LHPUSD boundary since its last
report to you on January 1, 2010. In accordance with the Agreement, please find enclosed the LHPUSD
Tax Compensatory of$7,538.67 less the Possessory Tax Credit of$1,438.99 for a total payment in the
amount of$6,054.68. This payment is for the July 2010 installment covering the properties identified on
the attached Schedule.
If you have any questions regarding this letter or the attached payment schedule, please contact me
directly at (650) 691-1200 Ext. 542 orb email at mwilliams@openspace.org.
Sincerely,
Michael C. Williams, Real Property Manager
MCWjc
cc: Midpeninsula Regional Open Space District Board of Directors
Stephen E. Abbors, General Manager
Enclosure: LHPUSD Tax Compensatory Fee payment Schedule
Check
33o Distel Circle Los Altos,CA i)1022 1 6SO 69 1 1200 1 W69-t0485 wwwopenspaceorg
GENERAL MANAGER
Stephen E Abbors
Regional
penSpace I Midpeninsula Regional Open Space District BOARD OF DIRECTORS
Pete Siemens
July 7, 2010 Mary Davey
Jed Cyr
Curt Riffle
Jeremy Dennis None Hanko
Fiscal Officer for San Mateo County Fire Larry Hassett
555 County Center Cechy Harris
Redwood City, CA 94063-1662
Re: Agreement Between San Mateo County and Midpeninsula Regional Open Space District(District) —
Report of Purchases and Semi-Annual Installment of Fire Services Fee
Dear Mr. Dennis:
On behalf of the District, I am forwarding the Fire Services Fee Payment Schedule (Schedule) and
payment resulting from the District's property purchases within San Mateo County (County) in the
District's Coastside Protection Area, as outlined in the March 2004 Agreement (copy attached).
The District and County entered into the contractual Agreement for the provision of fire-related services
to District lands in the Coastside Protection Area that are not currently provided within the State
Responsibility Area by the California Department of Forestry and Fire Protection (Cal Fire). According
to the Agreement, the District will, in exchange for the County's fire services, compensate the County by
means of a Fire Services Fee.
The District has purchased one property within the District Coastside Protection Area and the State
Responsibility Area by the California Department of Forestery and Fire Protection (Cal Fire) since its last
report to you on January 1, 2010. This property is the 160-acre Sare property (APN 056-430-010),
purchased on March 12, 2010. In accordance with the Agreement, please find enclosed the Fire Service
Fee of$2,829.87 for the January 2010 installment covering the properties identified on the attached
Schedule.
If you have any questions regarding this letter or the attached schedule, please contact me directly at (650)
691-1200 Ext. 542 or by email at mwilliams@openspace.org.
Sincerely,
Michael C. Williams, Real Property Manager
MCWjc
cc: Midpeninsula Regional Open Space District Board of Directors
Stephen E. Abbors, General Manager
David S. Boesch, County Manager
Enclosure: Fire Service Fee Payment Schedule
Check
33o Distel Circle Los Altos,CA 94022 1 650 691 1200 1 61So 6910481, 1 vvww openspace org
Ok
' IMidpeninsula Regional
Open Space District
To: Board of Directors
From: Stephen E. Abbors
Date: July 14, 2010
Re: Late FYIs
r I Midpeninsula Regional
1 Open Space District * *T
?' V
SorAa Cloro �j Wc&er Distlrkt
June 14, 2010
Carrie Austin, Environmental Engineer
San Francisco Bay RWQCB
1515 Clay Street, Suite 1400
Oakland, CA 94612
Re: November 23, 2009 RWQCB Technical Report Requirement for
Monitoring Plan for Mercury in Waters Downstream of New Almaden
Mercury Mining District, Guadalupe Mercury Mine and Bernal Mercury
Mine ("Order")
Dear Ms. Austin,
Representatives of the County of Santa Clara Santa Clara Valle Water District,
P tY � Y
Midpeninsula Regional Open Space District and Guadalupe Rubbish Disposal Company,
Inc. ("Interested Parties") have met to develop a coordinated plan for monitoring mercury
in waters downstream of the New Almaden Mercury Mining District, Guadalupe
Mercury Mine and Bernal Mercury Mine ("Monitoring Plan"). This letter transmits the
Coordinated Monitoring Plan for your review.
Following your approval of the MonitoringPlan,the parties will develop
p P
appropriate cost information to present to our respective Boards or management for their
consideration and direction on implementation. We look forward to your timely
feedback so that we can finalize the Monitoring Plan, secure funding and appropriate
contract commitments, and begin the necessary Permit process for the Fish sampling.
IL -
Letter to Carrie Austin, San Francisco Bay RWQCB
Re: Monitoring Plan for Mercury in Waters Downstream
June 14, 2010
Page 2
Please review and comment on these Plan parameters. We can follow up with a
conference call or meeting, as you prefer. Please contact Katherine Harasz, at(408)
299-5929 to arrange for the follow up call or meeting.
Sincerely,
1114
KATHERINE HARASZ, onhalf of the
Interested Parties
KH:sj
Enc. Monitoring Plan
c: Julie Mark, Acting Director
County of Santa Clara, Parks and Recreation Dept,
Marc Klemencic, Chief Operating Officer
Santa Clara Valley Water District
Stephen Abbors, General Manager
Midpeninsula Regional Open Space District
William Spence, District Manager
Guadalupe Rubbish Disposal Company, Inc.
Note
A complete report is available for review. If you wish to see it, please contact our
Assistant General Counsel, Duncan Simmons.
Page 1 of 2
Anna Duong
From: Michelle Radcliffe
Sent: Tuesday, July 13, 2010 10:38 AM
To: peter.catalano@ussws.com
Cc: Meredith Manning
Subject: RE: 07/10/2010 - peter.catalano@ussws.com -Contact Board
Dear Mr. Catalano,
Thank you for your interest in the site planning process for Mt. Umunhum and for taking the time to
send in your comments on this very important and exciting project. Your input has been collected, is
now part of the public comment record for the project, and will be forwarded to the District's Board
of Directors for their review and consideration.
Your comments have also been forwarded to the Project Manager, Meredith Manning, who is
assembling and reviewing all comments and suggestions on the site cleanup and future site reuse. All
public comments will be considered, and where appropriate, incorporated into the site plan options
that will soon be developed. We may contact you shortly if we have specific questions or need
clarification regarding your comment.
Also, please note that we expect to hold an upcoming public workshop in mid-September to engage
the public in the planning process and obtain feedback on numerous draft site plan scenarios for Mt.
Umunhum. Your contact information as provided in your email has been recorded and will be used to
notify you of the actual date and time for this workshop. We hope you can attend the meeting!
Sincerely,
Michelle Radcliffe, CIVIC
District Clerk
mradclifwopenwac_e.org
,d Midpeninsula Regional Open Space District
• 330 Distel Circle, Los Altos, CA 94022
P: (650) 691-1200 - F: (650) 691-0485
-----Original Message-----
From: peter.catalano@ussws.com
[mailto:peter.catalano@ussws-com]
Sent: Saturday, July 10, 2010 8:56 AM
To: BOARD; Clerk; Vicky Gou; General Information
Subject: 07/10/2010 - peter.catalano@ussws.com - Contact Board
First Name: Peter
Last Name: Catalano
Phone Number: 831.440.8709
Email Address: peter.catalano a@ussws.com
Comments:
7/13/2010
Page 2o[2
�
PLEASE LOOK FOR GENERAL EMAIL SENT TO irfo@openspace.org �
�
| remembered when the Radar anntennawas atop the bmx, in fact each time it cycled some radio �
stations would hear a slight "blip"
| would like to introduce the Idea of Renewable Energy for the site. �
Particularly the "cube" Our Very unique y1a0anadca||y |evited wind turbine /M and its design is �
idea for the top of the cube. vvvvvv.Enviro-EnerQies.cono �
�
| vvmu|d like to prepooe afu||y sustainable property. �
A show case of modern environment. �
Including all electric vehicles and charging station for visitors he drive co the top. �
�
Using Solar and Wind as Power Generators and modern efficient /gmsen building products. �
This concept would open doors for grants and funding. �
�
SMART GRID DEMONSTRATION GRANTS �
http:/kwvvvv.enarQy.gov/nevvs2O09/documnentsZOO9/SG_Denmo_Project_Lisr_| |.24.O9.pdf �
�
Bottom line full Future sustastiunb|e solutions.. �
Please review the following as well. �
� www.seabenergy.cotn/products/anaerobic-digesters/
�
�
�
pogymom/ vvutchvkteo
Peter Catalano
�
o�vvvvvv.ussvvs.c
� 831.440.8709
| S�n� us�m.com
� '.
|
�
�
/
/
|
�
( 7/]]/2010
|
. Cleanup Efforts Page lof2
s0c��uo1 ��. D' `bum -='
AnnaDuK»ng
From : Widpeninau|a Regional Open Space District[rjuqJenman=openmpace.org@noav8G�n� onbehalf of
YNidpeninsu|o Regional Open Space District[rjurgensen@openapoce.org]
Sent: Friday, July 8Q. 2O1O3:1GPyW
To: Anna Duong
� Subject: Cleanup Efforts Begin et Mt. Urnunhum
Email not displaying correctly?View um your browser
Midpeninsula Regional Open Space District
MI
�
�
For immediate Release
�
JulyS. 2010
Contact: RudyJu,gensen (650)691'1200
/klmmuduuAirFerce Sta1Komcleamup efforts at Mt. lJomumbummbegin
- Ftepm. 0|oodu, tw[gxen celebrate ftiodiug, efforts to)restore &6e Peak
Los Altos, CA. [July 9, 2010]-Members of Congress Mike Honda and Zoe Lofgren,
� representatives for Senators Dianne Feinstein and Barbara Boxer and the Midpeninsula Regional
Open Space District held a press briefing near the summit of Mt. Umunhum today celebrating the
allocation of$3.2 million in federal funding allowing efforts to clean up the former Almaden Air Force
Station atop the peak 0mbegin.
� South of Los Gatos, Mt, Umunhum is one of the highest peaks in the Santa Cruz Mountains offering
panoramic views cf the Monterey Bay, the San Francisco peninsula, and Santa Clara Valley.The
� Open Space District purchased Mt. Umunhum from the federal government with the goal of
protecting the environment and one day sharing it with the public,These goals are closer to being
realized with the federal government taking action to fulfill its commitment to clean up the former Air
Force Base.
! "Mt. Umunhumis personally significant tome because its preservation has always been a dream o/
mine beginning long before my tenure on the Santa Clara County Board of Supervisors, and
| continuing today oau member of the US House o{Repranentahvos.'' said Congressman Honda.
| The Army Corps of Engineers and the Open Space District shared information about how their
! agencies are working in partnership. Over the next year,the UG Army Corps of Engineers will be
| cleaning up the hazardous materials et the former Air Force Station while the Open Space District
| will begin a public process to create a plan for environmental restoration and public access to this
spectacular destination, consistent with its mission.
7/12/2010
!
�
�
. Cleanup Efforts Begin o1 Mt. Ur hum Page 2 of 2
"The long term goal is for Mt. UmunhumVo become one of the Bay Area's most breathtaking public �
�
destinations" said Steve Abbom.the District's General Manager.
�
Further federal funding has been requested for 2010-11 which, if granted,would allow the U.S. �
Army Corps to complete the cleanup of the former Air Force Station.The total costcd the cleanup, �
� environmental restoration and creation of public access is estimated at about$11.5 million. �
Details about this project can be found okwwwouenupana or0/p|ens_poxec,,ta/niLvmunhum. �
Photos, maps and general information about the Open Space District and the Mt. Umunhumproject
can also bo downloaded here: ftp,openapaceorQ. user name: pmunm|oese. password: pr3nu!123 �
�
Created by voters in 1972, the Midpeninsula Regional Open Space District protects and manages more
than 57,000 acres of open space. The District's preserves are open to the public 365 days a year, The
District
�
is a public agency whose inission is to acquire and preserve a regional greenbelt of open spaceland in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically
sensitive public onjoyrneot add education.
� www,opmnspncc.om
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Monthly Field Activity Summary Report
Between 31112010 And 313112010
d
CITE WARNING JCR KNOWN TOTALS TOTALS
VIOLATIONS
DISTRICT VIOLATIONS 52 40 0 15 107 ENFORCEMENT 134
Bicycle Citations&JCRs Issued 55
Closed area-bicycle 10 8 0 2 20 Parking Citations Issued 22
Helmet possession required 1 0 0 0 1 All Written Warnings Issued 51
Helmet required 5 6 0 0 11 Police Assistance 6
Trail use speed limit 4 4 0 1 9
Closed Area LAW ENFORCEMENT 51
Enter sensitive/hazardous closed area 3 0 0 1 4 Law Enforcement 51
Enter temporary/regular closed area 4 3 0 1 8
Dog ACCIDENTS/INCIDENTS 4
Dog in prohibited area 4 6 0 0 10 Medical-Hiking/Running Accident 2
Leash required-Dog 12 3 0 1 16 Vehicle Accident 2
Other
After hours 8 8 0 1 17 MUTUAL AID 9
Smoking-undesignated area 1 0 0 0 1 1
Unlawful construction 0 0 0 1 1 Landing Zone Only-Off District Lan 2
Unlawful defacement 0 0 0 5 5
Vehicle Accident 6
Urinate in public view 0 1 0 0 1
Vehicles prohibited 0 _ 1 0 2 3
CITE WARNING JCR KNOWN TOTALS
VIOLATIONS
NON DISTRICT VIOLATIONS 3 5 0 5 13
Bicycle
Bicycle helmet required for all persons 0 2 0 0 2
Minor bicycling without helmet 0 2 0 0 2
Other
After-Hours Use 2 0 0 0 2
Disturbance or Altercation 0 0 0 1 1
Littering 1 0 0 0 1
Possession of Marijuana 0 0 0 1 1
Reckless driving-off-street parking facility 0 1 0 0 1
Stolen Vehicle 0 0 0 1 1
Vandalism, damage<$400 0 0 0 1 1
Vandalism, damage>$400 0 0 0 1 1
55 45 0 20 120
'JCR Juvenile Contact Report
Thursday,July 08,2010 Page I of
PARKING VIOLATIONS CITE WARNING TOTALS
DISTRICT 21 7 oo
Disabled Parking: Permit Required unpa O 1 1
Prohibited Areas(Signed) * n 4
Prohibited Areas(Red curb) 1 o 1
Prohibited Areas(On fire trail) n 1 1
�
Prohibited Areas(Nondesignoted area) u 1 a
�
Prohibited Areas(Blocking gate) o 1 1
Prohibited Areas (After hours) 14 u 17
PARKING VIOLATIONS CITE vARw|wm TOTALS
� NON DISTRICT 1 o 1
Perking—State Highway 1 O 1
ou r 29
DATE OCCUREN��ES ��F SPECIAL INTEREST
� �
yNnr03 Rangers discovered and removed obscene graffiti from the walls of the eoLnoom. Rangers: 1
IR /0SOw
Preserve /Nonhs Bello Location Parking lot mstmom.
y0er05 Graffiti was again discovered and removed from the parking lot restroom by ranger staff after the Rangers: 1
»R'VOVvo previous gmffihU from the March 3vd incident had been removed.
� P/eoowa Monte Bello Location m onRem� om
�
K0arVT A visitor contacted Mountain View dispatch reporting what they thought may be a human bone. San Rangers: 1
*+/VSom/ Mateo County Shoh0'u Office responded with District staff, and determined that the bone was from a Police: 2
� animal. No further action was taken.
�
Preserve PuhuimmCmekRedwooda Location
� �
� K*mr08 Anuopiciouo vehicle was uoon parked along Page Mill Rd. An irrigation drip oybsm, some discarded Rangers: 1
� /m/oS05» food, and an empty box of cigarettes were found along with fresh footprints heading down a steep hill,
which suggested apoonib|*morij o gardenwas in the area. Follow-up with the Santa Clara County
Sheriff Office determined it was probably associated with a marijuana grow site which had been
� eradicated on Hidden Villa property the previous year.
�
Pmsome Foothills Lnnahon0dgebelow hairpintumnear g� 7 gate ro
ad
�
YNar14 A large amount of graffiti discovered � pr
eserve Rangers: 1
� »�/oFuo/ The East Palo Alto Police Department was called and responded. The officer took a report, however he Police: 1
did not recognize any of the tags as being associated with local gangs
Preserve Ravenswood Location Bay Road
�
K8ar15 An individual was seen throwing a lit cigarette in the Preserve. She was cited for littering and released. Rangers: 1
oq/0G050 In addition three additional visitors were observed extinguishing lit cigarettes in the paved parking area,
and were warned for littering.
� Preserve m o Coal Location Cal�ans0�aPoint& Hwy. 35
Thursday,July 08,20/0 Page 2^f3
�
Mar 20 A Palo Alto Foothills Park ranger reported seven mountain bicyclists heading up a tra.. rrom Foothills Rangers: 2
IR 10S061 Park into Los Trancos Preserve. Los Trancos preserve is closed to bicycles. Two suspects fled when a
District ranger pulled up to Gate LT01.
They were subsequently stopped by the Palo Alto ranger at the boundary with Foothills Park. A District
ranger responded, and issued citations to the two bicyclists. The remainder of the cyclists were never
located.
Preserve Los Trancos Location
Mar 23 A large delivery truck was reported by Santa Clara County Roads as being in the preserve.The preserve Rangers: 1
IR 1OF079 gate was found open. The vehicle abandoned vehicle was located, and found to be stolen. Police: 1
The Santa Clara Valley Water District's Hazmat team responded as a small amount of diesel fuel had
leaked into the creek. The HazMat team dammed the creek, and removed the fuel.
Preserve Sierra Azul Location Former Beatty Property
Mar 25 Responding to a report from a neighbor, rangers found boards nailed to a tree with trash spread around Rangers: 4
IR 1OF081 the base of the tree. The boards were removed and the trash was cleaned up.
Preserve Rancho San Antonio Location Oak tree off Mora Drive
Mar 26 A large group of individuals accessed the dirt section of Reynolds Road on District property to have a Rangers: 1
IR 1OF083 party. Upon leaving,one of the vehicles hit the upper bank of the road. The driver became distraught Police: 5
and was contemplating suicide. A neighbor heard the commotion and called the Santa Clara County
Sheriffs Department. Deputies responded and found three vehicles with eleven young adults.
Marijuana and paraphernalia,associated with the group,was destroyed at the scene. The deputies
identified the two drivers, and checked them for sobriety.
The person who was threatening suicide who was taken to the hospital for a 72 hour mental evaluation,
and the other individuals were released.
Preserve Sierra Azul Location Reynolds Road
DATE VANDALISM DETAIL
Mar 09 Graffiti on reg signs and gate
VL
Preserve Coal Creek Location
Mar 10 Regulation sign shot up.
VL
Preserve Sierra Azul Location Inside SA17
Mar 13 Barbed wire cut.
VL
Preserve Sierra Azul Location To the right of SA14
Mar 16 An unknown individual painted graffiti on the back of signboards on the Sping Ridge Trail at Skyline Blvd. The graffiti
IR 10S059 was removed by District Staff.
Preserve Windy Hill LocationWH01
Mar 27 Gang tagging on guard-rail.
VL
Preserve Sierra Azul Location Loma Prieta at Loma Chiquita
Thursday,July 08,2010 Page 3 of
Monthly Field Activity Summary Report ',".''
Between 41112010 And 413012010 t `'
CITE WARNING JCR KNOWN TOTALS TOTALS
VIOLATIONS
DISTRICT VIOLATIONS 39 30 0 17 86 ENFORCEMENT 101
Bicycle Citations&JCRs Issued 41
Closed area-bicycle 5 2 0 2 9 Parking Citations Issued 14
Helmet required 2 1 0 0 3 All Written Warnings Issued 39
Trail use speed limit 2 6 0 0 8 Police Assistance 7
Closed Area
Enter temporary/regular closed area 2 3 0 1 6 LAW ENFORCEMENT 34
Dog Law Enforcement 34
Dog in prohibited area 8 2 0 4 14
Leash required-Dog 8 7 0 3 18 ACCIDENTS/INCIDENTS 8
Other Lost Person Search 2
Abandonment of animals 0 1 0 0 1 Medical-Bicycle Accident 3
After hours 2 7 0 1 10 Medical-Hiking/Running Accident 2
Smoking-undesignated area 5 0 0 0 5 Vehicle Accident 1
Unsafe use-horses 0 0 0 1 1
Vehicles prohibited 5 0 0 2 7 MUTUAL AID 8
Permit Fire Incident 1
Camping without permit 0 0 0 1 1
Landing Zone Only-District Land 1
Permit Required 0 1 0 0 1
Search &Rescue 1
Place sign without permit 0 0 0 1 1
Vehicle Accident 5
Weapons
Possession of/discharging weapon 0 0 0 1 1
CITE WARNING JCR KNOWN TOTALS
VIOLATIONS
NON DISTRICT VIOLATIONS 1 1 0 6 8
Bicycle
Minor bicycling without helmet 0 0 0 1 1
Other
Resist, Obstruct, Delay Peace Officer 0 0 0 2 2
Trespass 0 1 0 1 2
Vandalism,damage<$400 0 0 0 2 2
Vehicles on trail or undesignated area 1 0 0 0 1
40 31 0 23 94
"JCR Juvenile Contact Report
Thursday,July 08,2010 Page 1 of
PARKING VIOLATIONS E WARNING TOTALS
DISTRICT 12 1 13
Prohibited Areas(On fire trail) 1 1 2
Prohibited Areas(Nondesignated area) 2 0 2
Prohibited Areas(After hours) 9 0 9
PARKING VIOLATIONS CITE WARNING TOTALS
NON DISTRICT 2 7 9
Disabled Parking—Paved/Marked. 0 1 1
No Parking Zone 0 5 5
No parking 1 0 1
Parking—State Highway 1 1 2
14 8 22
DATE OCCURENCES OF SPECIAL INTEREST
Apr 04 A Supervising Ranger at his residence in La Honda Creek OSP heard 10-15 rounds being fired from a Rangers: 1
IR 10S070 shotgun at approximately 10:00 PM. The San Mateo County Sheriffs Office was notified. They had
already received calls about the incident from neighbors. The area was checked, but no suspects were
located.
Preserve La Honda Creek Location Ranger Residence
Apr 06 An individual was was cited for dog off-leash and was given a verbal warning for false information to a Rangers: 2
IR 10S071 peace officer, and then released. The subject was verbally abusive, intially provided false information,
and said he would run the next time he was stopped.
Preserve Windy Hill Location At intersection with upper Meadow Trail
Apr 07 A bicycle accident occurred on the Spring Board Trail. The victim had a mild concussion and was Rangers: 3
AR 10S072 transported to Stanford Hospital. After the incident a CAL FIRE engine became stuck in the mud, and
was removed with assistance from a bulldozer.
Preserve El Corte de Madera Creek Location
Apr 08 An individual was found deceased inside a vehicle when the car was discovered down an embankment Rangers: 1
IR 10SO74 in the Saratoga Gap preserve, off a hairpin turn along Highway 9. The victim had been reported missing
in January,2010.
Preserve Saratoga Gap Location Off Hwy. 9
Apr 09 A subject was reported by numerous visitors to be riding a bicycle in a prohibited area on District land. A Rangers: 1
IR 10F101 ranger found the cyclist after a lengthy search. The cyclist was contacted but refused to stop and fled
the area. The subject was not relocated.
Preserve Rancho San Antonio Location&Chamise Trail
Apr 10 Individuals were cited for bikes in a closed area. One of the subject's identification could not be verified Rangers: 2
IR 10S076 and a thumb print was taken. Both suspects were photographed and released.
Preserve Long Ridge Location
Apr 13 A visitor went hiking, and upon his return found extensive damage to his vehicle. It appeared that the Rangers: 1
IR 1OF120 vehicle had been dragged a few feet. In addition foot prints were left on the hood and both windshield
wipers had been ripped off.
Preserve Rancho San Antonio County Park Location
Thursday,July 08,2010 Page 2 of 3
Apr 17 A bicycle accident occurred in the tree farm resulting in a shoulder injury. The bicyciibc estimated his Rangers: 1
AR 105084 speed at 30 MPH. The victim refused medical assistance and left after signing a medical release.
Preserve Skyline Ridge Location SR Tree Farm
Apr 19 A ranger found extensive graffiti on both of the staging area sign boards and on the regulation sign. All Rangers: 1
IR 1OF114 the signs were cleaned.
Preserve Ravenswood Location Bay Road parking lot
Apr 19 A neighbor called to report hearing motorcycles in the preserve. District staff contacted the San Mateo Rangers: 3
IR 105085 County Sheriffs Office, and a deputy responded. The resident ranger was called out from his employee
residence. A motorcycle was seen entering the preserve at gate CM10 and existing via the Steam
Donkey Trail and onto Wunderlich County Park. Rangers were unable to contact the motorcyclists.
Preserve El Corte de Madera Creek Location CM10
Apr 20 Five individuals were contacted for smoking in the preserve. All of the subjects were cited for the Rangers: 3
IR 105086 smoking violation, and released.
Preserve Long Ridge Location
Apr 24 A victim fell and injured her left ankle while hiking downhill on the North Ridge Trail. She was evacuated Rangers: 2
IR 10S090 by emergency medical services to the Northridge parking lot, She was transferred to a private vehicle
and was transported to a local hospital.
Preserve Purisima Creek Redwoods Location
Apr 24 Two bicyclists were cited for riding at 30&35 MPH, and released. Rangers: 2
IR 10S089
Preserve Monte Bello Location
Apr 25 A bicyclist fell while descending the Virginia Mill Trail. He was unconscious for about 2 minutes and Rangers: 3
IR 105091 suffered a broken clavical. He was transported by Cal Star helicopter to the hospital. Police: 1
Preserve El Corte de Madera Creek Location
Apr 25 A bicyclist fled after a ranger attempted to stop him for having a bicycle in a closed area of the preserve Rangers: 2
IR 10S092 The cyclist hid his bicycle in the preserve, and attempted to leave the preserve on foot when he was
contacted by rangers.
The rangers informed him they had found a bicycle that they would be taking into evidence. The
bicyclist admitted it was his bicycle and he had been riding in the closed area. The suspect was cited for
being in a closed area and released with his bicycle.
Preserve Windy Hill Location
Apr 27 Two visitors were involved in a non-injury vehicle accident leaving Rancho San Antonio County Park's Rangers: 2
AR 1OF119 equestrian parking lot. The driver stated his foot got stuck on the gas pedal and he was unable to
release her foot, subsequently colliding with a tree.
The driver and passenger were checked by medical personnel and released. The accident was
investigated by the CHP.
Preserve Rancho San Antonio County Park Location
DATE VANDALISM DETAIL
Apr 23 "Walk Bike"text torn off reg sign.
A
Preserve Russian Ridge LocationAlpine Road Tunnel to Alpine Pond
Apr 30 Graffiti on Ridge Trail directional signs and post.
A
Preserve Sierra Azul LocationTop of trail
Thursdgy,July 08,2010 Page 3 of 3
Monthly Field Activity Summary Report
Between 51112010 And 513112010
CITE WARNING JCR KNOWN TOTALS TOTALS
VIOLATIONS
DISTRICT VIOLATIONS 46 50 0 4 100 ENFORCEMENT 137
Bicycle Citations&JCRs Issued 46
Closed area-bicycle 3 1 0 1 5 Parking Citations Issued 28
Helmet possession required 1 0 0 0 1 All Written Warnings Issued 59
Helmet required 3 13 0 0 16 Police Assistance 4
Trail use speed limit 2 3 0 0 5
Closed Area LAW ENFORCEMENT 38
Enter sensitive/hazardous closed area 3 7 0 0 10 Law Enforcement 38
Enter temporary/regular closed area 9 0 0 0 9
Dog ACCIDENTS/INCIDENTS 8
Dog in prohibited area 7 5 0 0 12 Lost Person Search 1
Leash required-Dog 11 15 0 0 26 Medical-Bicycle Accident 3
Other Medical-Hiking/Running Accident 3
After hours 2 4 0 0 6 Medical-Other First Aid 1
Harvesting/planting without permission 0 0 0 1 1
Possession of cultivation tools prohibited 1 0 0 0 1 MUTUAL AID 6
Smoking- undesignated area 3 1 0 0 4
Medical-Bicycle Accident 2
Unlawful construction 0 0 0 1 1
Traffic Control Only 1
Unlawful maintenance 0 0 0 1 1
Vehicle Accident 3
Vehicles prohibited 0 1 0 0 1
Permit
Camping without permit 1 0 0 0 1
CITE WARNING JCR KNOWN TOTALS
VIOLATIONS
NON DISTRICT VIOLATIONS 2 1 0 3 6
Bicycle
Minor bicycling without helmet 0 1 0 0 1
Dog
Pets/dogs on 6 foot leash or radio collar/voice 1 0 0 0 1
Other
Possession of Marijuana 0 0 0 1 1
Resist, Obstruct, Delay Peace Officer 1 0 0 0 1
Vandalism, damage<$400 0 0 0 2 2
48 51 0 7 106
"JCR Juvenile Contact Report
Thursday,July 08,2010 Page 1 of 3
PARKING VIOLATIONS CITE WARNING TOTALS
DISTRICT 23 3 26
Disabled Parking: Permit Required unpa 1 2 3
Prohibited Areas(On fire trail) 2 0 2
Prohibited Areas(Nondesignated area) 4 0 4
Prohibited Areas(Blocking gate) 3 1 4
Prohibited Areas(After hours) 13 0 13
PARKING VIOLATIONS CITE WARNING TOTALS
NON DISTRICT 5 5 10
Disabled Parking—Paved/Marked. 0 2 2
No Parking Zone 0 3 3
No parking 2 0 2
Parking in violation of sign Use for violati 1 0 1
Park Obstructing Highway- Unincorporat 2 0 2
28 8 36
DATE OCCURENCES OF SPECIAL INTEREST
May 01 Rangers found two illegally constructed trails near the dead-end of the Novitiate Trail.There were jumps Rangers: 1
IR 1OF121 constructed,trees cut, and tools left behind.
Preserve St.Joseph's Hill Location
May 09 While working in the preserve a District crew supervisor found a large hole off-trail near Hickory Oaks. Rangers: 1
IR IOS101 No purpose for the hole has been determined.
Preserve Long Ridge Location Off trail
May 12 A bicyclist hit a branch while riding, lost control, and fell from her bicycle. The victim stated she thought Rangers: 1
IR 10S104 she had broken her collarbone, but refused medical attention. She was escorted back to her vehicle at
Skegg's Point,where she refused further medical care from SMCo Fire.
Preserve El Corte de Madera Creek Location Manzanita Trail, near clearing
May 13 An individual was found to have apparently attempted suicide. While returning to his vehicle,the subject Rangers: 1
IR 1OF137 was observed by a District ranger who noticed that the individual had lacerations on both wrists.
The individual stated he had consumed a fifth of vodka, and 20 aspirin.The ranger called for
assistance. Santa Clara County Sheriffs deputies responded,and the subject was transported to
Hospital for treatment and mental evaluation.
Preserve Bear Creek Redwoods Location returning to vehicle
May 14 Three people were cited for closed area violations, and one person was cited for closed area and Rangers: 3
IR 1OF138 possession of cultivation tools. One of the subjects was carrying a bag which contained potting material, Police: 3
fertilizer and weed killer.
The subjects denied that they were growing marijuana, but said they plant flowers and kill weeds.
Preserve Sierra Azul-Rancho de Guadalupe Location Gate SA30
i
Thursday,July 08,2010 Page 2 of 3
I
May 20 A burglary occurred at a District rental unit in the preserve. Several pieces of jewelry were stolen,worth Rangers: 3
IR 10S105 over$100,000. Computers, and a safe containing personal files,were also taken.
Preserve Monte Bello Location 1185 Skyline Blvd. Residence
May 23 A District ranger discovered a vehicle parked outside the gate leading to Cherry Springs Pond in the Rangers: 3
IR 1OF151 Rancho de Guadalupe area.The vehicle belonged to a suspect who had been uncooperative in the past. Police: 8
Two individuals were found fishing. Both suspects fled. Another ranger tried to get the suspects to stop,
but one fled off trail. Numerous Sheriffs deputies arrived, and attempted to locate the suspect, but were
unsuccessful.
Since previous contact had been made with the individuals, and ranger knew the suspects, contact was
made at the suspect's home with deputies. One person was cited for a closed-area violation,and
another person was cited for closed-area and resisting a peace officer violations.
Preserve Sierra Azul Location Cherry Pond
May 25 One subject was riding on the"eyebrow"of the upper embankment of the Jones Trail and fell, landing on Rangers: 2
AR 1OF154 the right side of his face. He suffered facial lacerations,severe tissue damage to his nose and right ear.
The individual was also spitting out blood, and shivering uncontrollably.
Rangers evaluated and treated patient, and transported paramedics to the accident scene. The patient
was tranported by land ambulance.
Preserve St.Joseph's Hill Location
May 30 District patrol staff pulled 68 fir seedlings from along the trail. Earlier in the year, maintenance staff Rangers: 1
IR IOS113 pulled approx. 30 trees from the same area. No suspects were seen near the area on either occasion.
Preserve Monte Bello Location Along Adope Creek Trail from Montebello Road near the Old Ranch Trail
May 30 A group of four juveniles got seperated from their group on a bike ride. District rangers responded and Rangers: 3
IR IOS111 assisted in reuniting the group.
Preserve Monte Bello Location
DATE VANDALISM DETAIL
May 15 T. post wire fence cut
VL
Preserve Sierra Azul Location Former Air Base
May 18 While driving by, a Ranger discovered tagging on the bridge and park entrance sign.
IR 1OF143
Preserve Ravenswood Location Bay Road parking lot area
May 22 One subject parked his car and returned later to find the rear window shattered by a golf ball. No one came forward to
IR 1OF149 accept responsibility.
Preserve Fremont Older Location
May 24 T. post fence wire was cut.
A
Preserve Stevens Creek Shoreline Nature Location South end
Thursday,July 08,2010 Page 3 of 3