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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-17
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday,July 12,2006
330 Distel Circle, Los Altos,California
AGENDA*
Please Note: 6:30 p.m. Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—RESOURCE MANAGEMENT STUDY SESSION:
Discussion of District's Resource Management Direction and Strategies for Further Development of the
Program
REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
7:30 ROLL CALL
ORAL COMMUNICATIONS—Public
PLEDGE OF ALLEGIANCE
ADOPTION OF AGENDA—J. Cyr
ADOPTION OF CONSENT CALENDAR—J. Cyr
WRITTEN COMMUNICATIONS
BOARD BUSINESS
7:40* 1 Adopt Resolution to Exchange Interests in Real Property with Hanson Permanente Cement
Property, Santa Clara County Assessor's Parcel Number 351-09-017,in exchange for acceptance of
Santa Clara County Assessor's Parcel Numbers 351-09-003, 351-09-011,and 351-12-001 for land
adjacent to Rancho San Antonio and Monte Bello Open Space Preserves,Adopt the Preliminary Use
and Management Plan,Determine Recommended Actions are Categorically Exempt from CEQA;
and Dedicate the Property as Public Open Space—D. Woods
8:10* 2 Permit installation of the Lois Crozier-Hogle Memorial Bench in the District's Rancho San Antonio
Open Space Preserve and Determine Recommended Actions are Categorically Exempt from CEQA
N. Hanko
eetink 06-16 Page 2
II
8:25* 3 Reject All Bids Received for the Foundation and Bridge Construction of Four Pedestrian/Equestrian
Bridges at El Corte de Madera Creek Open Space Preserve and Deny Bid Protest Filed by
Watershed Science—M. Manning
8:40* 4 Amend the Use and Management Plan for Los Trancos Open Space Preserve Designating the
Existing Trail Connection Between the Preserve and Palo Alto's Foothills Park a Hiking Only Trail
and Realign the Upper Section of Page Mill Trail for Maintenance and Recreation Improvements,
Determine Recommended Actions are Categorically Exempt from CEQA,and Waive Final Review
of Amended Use and Management Plan—J. Roddenberry
8:55* 5 Adopt an Amendment to the Use and Management Plan for Sierra Azul Opens Space Preserve,
Authorize Solicitation of Bids to Remove Fortner North Property in Sierra Azul Open Space
Preserve and Restore Site to a Natural Condition, and Determine Recommended Actions are
Categorically Exempt from CEQA,—M. Williams
9:10* 6 Adopt Resolution Approving Agreement for Grant Funds from the California State Coastal
Conservancy's San Francisco Bay Area Conservancy Grant Program for Potential Addition of the
Peninsula Open Space Trust's Stevens Canyon Ranch Property to Saratoga Gap Open Space
Preserve(Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-039, 503-05-039,and
503-06-024)and Determine Recommended Actions are Categorically Exempt from CEQA—M.
Williams
9:20* 7 Authorize Payment of$294,658 for JPIA General Liability and Workers Compensation Insurance
for 2006-2007 and Appropriate and Authorize $65,967 from New Land Purchases Account for
Payment of Deposit—M. Jesperson
8 Adopt the Preliminary Use and Management Plan for the Grinsfelder, et al.Property as Addition to
Purisima Creek Redwoods Open Space Preserve(San Mateo County Assessor's Parcel Number
067-118-080),Determine Recommended Actions are Categorically Exempt from CEQA,and
Dedicate the Property as Public Open Space—M. Williams
REVISED CLAIMS
9:30* INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements
concerning pertinent 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.
9:45* 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 time each item is considered by the Board of Directors. You
may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes.
Alternately,you may comment to the Board by a written communication,which the Board appreciates.
All items on the consent calendar may be approved without discussion by one motion. Board members,the General Manager,and members of the
public may request that an item be removed from the Consent Calendar during 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.
� t
REGIONAL OPEN SPACL
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-84
Meeting 06-17
July 12,2006
AGENDA ITEM 1
AGENDA ITEM
Proposed Exchange of Real Property at Rancho San Antonio Open Space Preserve for Additions of
Hanson Permanente Cement Property to Rancho San Antonio and Monte Wo Open Space Preserves
(Santa Clara County Assessor's Parcel Numbers 351-09-003, 351-09-011 351-09-012,
� 351-09-017,and
351-12-001)ASSISTANT GENERAL MANAGER'S RECOMMENDATI '
1. Determine that the recommended actions are categorically exempt from the California Environmental
Quality Act(CEQA)as set out in this report.
2. Adopt the attached Resolution authorizing the President of the Board to execute an Agreement to
Exchange Interests in Real Property with Hanson Permanente Cement Property, Santa Clara County
Assessor's Parcel Number 351-09-017, in exchange for acceptance of portions of Santa Clara County
Assessor's Parcel Numbers 351-09-003, 351-09-011,351-09-012, and 351-12-001 for land adjacent
to Rancho San Antonio and Monte Bello Open Space Preserves.
3. Adopt the Preliminary Use and Management Plan contained in this Report, including naming the
properties as additions to Rancho San Antonio and Monte Bello Open Space Preserves.
4. Indicate your intention to dedicate the properties, conservation easement and trail easement as public
open space at this time.
DISCUSSION
Hanson Pennanente Cement(Hanson) is proposing to exchange 107 acres of scenic open space land to
the south and west of its quarry operation for 20 acres of District land located near the southern boundary
of Rancho San Antonio Open Space Preserve(see attached map). Hanson would like to acquire the 20-
acre property for the purpose of incorporating into its ownership a portion of the existing quarry that has
historically encroached on District land. The District will retain a conservation easement over the parcel
in order to ensure it will not be used for commercial quarrying in the future and the property's open space
values will be protected to the maximum extent possible. In exchange for the 20-acre parcel,the District
will acquire ownership of a 61-acre parcel of land located between the southern boundary of Rancho San
Antonio Open Space Preserve up to and including the PG&E Trail, a trail easement on an existing trail
connecting the PG&E Trail to the Black Mountain Trail, and ownership of a 46-acre parcel of land
located on Monte Bello Ridge and adjacent to Monte Bello Open Space Preserve.
The District's interest in a land exchange dates back to 1977 when District staff first discovered an
encroachment of the quarry wall on the southwest corner of an 80-acre parcel acquired from the
Archdiocese of San Francisco. At that time, Kaiser Cement Company owned the quarry property and its
representatives agreed with staff s assessment of an encroachment, acknowledging that the extent of the
R-06-84 Page 2
encroachment could not be determined without a detailed survey. The District proposed a land exchange
that has remained a topic of discussion with both Kaiser Cement Company and its successor, Hanson
Pernanente Cement. Not until recently, when Hanson decided to undertake a slope stabilization project,
has District staff been able to come to an agreement with Hanson on the terms of a land exchange. The
proposed project provides valuable open space additions to Rancho San Antonio and Monte Bello Open
Space Preserves while providing Hanson the opportunity to stabilize the quarry walls and reduce the
chances of future ridgeline failures.
If the land exchange is approved, it is the District's understanding that Hanson will seek permits through
the appropriate regulatory agencies to perform a permanent slope stabilization project. The expectation
is for Hanson to grade the slopes of the quarry wall in a series of terraces that will establish a more stable
slope gradient than currently exists and create a new crest that will be less susceptible to landslides,
which have occurred in the past. Under the conditions of the exchange agreement,grading associated
with the slope stabilization project can only occur on 4 of the 20 acres being conveyed to Hanson.
To ensure the open space values of the 20-acre parcel are protected to the maximum extent possible,the
District will retain a conservation easement over the parcel, secured by significant financial guarantees.
The conservation easement accommodates the slope stabilization measures necessary to prevent the
quarry walls and ridgetop from failing in the future within a 4-acre area under the purview of the
regulatory agencies, but will prohibit future commercial quarrying activity and development of any kind.
Santa Clara County has indicated they will be responsible for reviewing the project and will require an
environmental review and permitting process that includes a revised reclamation plan. The reclamation
plan will address restoration of the quarry walls and basin. This process will involve opportunities for
District review and comment.
DESCRIPTION(see attached Map 1)
District Land to be Acquired by Hanson Permanente Cement
The triangularly shaped 20-acre parcel is located approximately 1/2 mile west of Rancho San Antonio
County Park, and on the south side of the PG&E Trail as is it crosses through the southeast corner of
Rancho San Antonio Open Space Preserve. The property is most important in terms of providing wildlife
habitat and scenic backdrop to the County Park and the nearby communities of Los Altos and Cupertino.
Recreational amenities are lacking in the project area due to the property's steep and rugged terrain and
its proximity to the quarry.
The property is bounded by District land to the north and east and Hanson property to the south and west.
It is comprised of steep northeast facing slopes that are densely wooded with occasional patches of
grassland. The eastern crest of the quarry wall that can be seen from the County Park delineates the
property's western boundary. The southeast comer of the property actually extends into the quarry wall
at a far lower elevation than the crest of the quarry wall that is visible from the Park. Within the past five
years,a landslide has occurred near the top of the quarry wall on District land and has impaired quarry
operations below due to safety concerns.
The southern boundary is parallel to a steep ravine and tributary to Permanente Creek. Except for
riparian vegetation along the tributary, scrub oak and chaparral are the dominant plant communities and
provide valuable habitat for a variety of wildlife. An overgrown path climbs steeply from the PG&E
Trail up to the crest of the quarry, but little use has occurred and it is closed with a fence and sign. An
unsurfaced access road originating within the Hanson property extends through the southwest comer of
the property,ending at the eastern crest of the quarry.
R-06-84 Page 3
Hanson 6 1-acre Parcel and Trail Easement to be Acquired by District(see attached Map 2)
The elongated and irregularly shaped 6 1-acre parcel is bounded by District land to the north and east, and
remaining Hanson property to the south and west. The property forms a large portion of the scenic
backdrop to the Preserve as viewed from the majority of Preserve trails, Deer Hollow Farm,and the
nearby communities of Los Altos and Los Altos Hills. Most importantly,the property includes the
PG&E Trail,a well-used trail that interconnects with the Preserve's extensive trail system and, although
used by the public for many years(even prior to the acquisition of the Preserve), is not a designated
public trail. This fee interest conveyance will ensure that the trail will be available for public use in
perpetuity.
The property is comprised of steep, densely wooded slopes and a series of deep ravines descending to the
north fork of Permanente Creek. Oak, madrone,buckeye and bay laurel form a thick canopy over most
of the hillside, and provide valuable cover for a wide variety of wildlife. A 1.5-mile segment of the
PG&E Trail swings in and out of the many ravines as it makes it way up the side of the hill toward Monte
Bello Ridge. The popular trail has superior views of the Preserve and the San Francisco Peninsula. At
the west end of the property,the trail turns northward into the Preserve and connects to the High
Meadow Trail. Located on a PG&E easement,the trail has been largely maintained by the District in
order to maintain emergency access to the area, recognizing that many Preserve visitors use the trail in
conjunction with the Preserve's trail system.
In addition to the property described above,the District will acquire a trail easement on an existing Black
Mountain Extension Trail that connects from the PG&E Trail to the nearby Black Mountain Trail. This
trail, also well used by the public,originates at the westernmost end of the PG&E Trail and extends to
the Black Mountain trail, approximately 1/2mile in a southwest direction. The trail provides a valuable
link to Monte Bello Ridge and public lands along Page Mill Road and Skyline Boulevard.
Monte Bello Road 46-Acre Parcel to be Acquired by District
The triangularly shaped 46-acre parcel is bounded by Monte Bello Road to the north, Ridge Vineyards
and District land to the south and west. In addition to including a '/2-mile section of Monte Bello Road,
the District's Waterwheel Creek Trail originates in the eastern portion of the property. The fee interest
conveyance of this property is a natural extension of the Preserve and would protect an extremely
valuable portion of Monte Bello Ridge as open space.
The property comprises a major portion of an expansive grassland ridgetop extending along Monte Bello
Ridge from Waterwheel Creek Trail westward to Page Mill Road. Lying southeast of Black Mountain,
the broad ridgetop includes scenic hilltops overlooking Stevens Creek Canyon and four District preserves
along Skyline Boulevard, including Long Ridge, Skyline Ridge,Russian Ridge and, in the distance,
Windy Hill Open Space Preserves. The property is very visible from many trails in Monte Bello Open
Space Preserve as well as from the other nearby preserves. Over 90%of the property is comprised of
grassland,which is bordered by oak woodland and patches of chaparral. These vegetative edges between
the grassland and brush provide valuable habitat for a variety of animals and birds, including rarely seen
mountain lions and eagles.
The segment of Monte Bello Road passing through the property is a popular hiking, bicycling and
equestrian trail. It is often used in combination with Waterwheel Creek Trail to form a loop trail that is
regularly used by the District docents for its organized hikes. Like the PG&E Trail and Black Mountain
Extension Trails,the segments of Monte Bello Road and Waterwheel Creek Trail located on the Hanson
Property have been well used by the public even prior to the District acquiring adjacent lands. A permit
parking area, located on the Preserve near the east side of Ridge Vineyards, provides the staging area for
these hikes. Monte Bello Road also serves as a regional connecting trail between Page Mill and Steven
R-06-84 Page 4
Canyon Roads. Acquisition of this property will permanently protect the scenic landscape along this trail
as well as the scenic ridgeline as viewed from distant Preserves and Skyline Boulevard.
USE AND MANAGEMENT
Planning Considerations
The properties being exchanged are located within the unincorporated area of Santa Clara County and are
zoned HS (Hillside), requiring a 20-to 160-acre minimum lot size based upon a slope density formula.
Clustered residential development could occur on the 46-acre Monte Bello Road parcel due to easy
access and desirable homesites located along the gentle grassland ridge overlooking Stevens Creek
Canyon. The 61-acre parcel below the PG&E Trail is relatively inaccessible, steep and less desirable for
residential development.
The 20-acre parcel being acquired by Hanson is not zoned for quarrying activities and the conservation
easement will preclude any future development. Unlike the adjacent quarry lands owned by Hanson that
are not subject to grading permits for quarrying activities due to the quarry's historical use and resulting
"grandfathered"exemptions from grading permits,the District's 20-acre property proposed to be added
to the Hanson property will be subject to grading permits. The County of Santa Clara has jurisdiction
over grading activities that may occur in the future within the 20-acre triangular parcel to be conveyed to
Hanson. If work is undertaken to stabilize the slope,that grading project will be subject to County
review and permitting. As the regulatory agency having responsibility for permitting,the County will
also be responsible for conducting such environmental review as is required by CEQA.
The 20-acre parcel will be subject to a conservation easement designed to protect the open space and
scenic values of the property while allowing Hanson to stabilize the existing landslide and upper quarry
wall. To accomplish this,the easement has been divided into 3 areas, as depicted in the attached
Map 1. Area A-1,which encompasses approximately 4 acres, is an area where Hanson may undertake a
quarry wall stabilization project that would likely involve establishing new benches in order to reduce the
steep slope. The larger I 1-acre Area A-2 permits temporary construction activity to occur if a
stabilization project is undertaken, but this area is required to be restored to a natural condition. A
20-foot wide unsurfaced maintenance road will be allowed adjacent to the crest of the quarry wall if the
stabilization project occurs. Area B,which includes approximately 5 acres, would not be disturbed in
any manner and will be designated as a permanent buffer between the potential stabilization project and
Open Space Preserve. The provisions of the easement will not permit commercial quarrying activities to
occur anywhere within the 20-acre parcel. If the stabilization project occurs,the quarry wall and
maintenance road will not be visible from surrounding open space land or the nearby communities of
Cupertino, Los Altos and Los Altos Hills.
In addition to the required permitting process that should ensure a quarry wall stabilization project that is
designed to minimize the chances of further landsliding, loss of slope and potential lowering of the
ridgeline as viewed from Rancho San Antonio County Park,the Exchange Agreement requires Hanson to
provide financial guarantees to secure the protections of the conservation easement. These guarantees
stipulate that a slope failure at the A-I/A-2 boundary,A-2/13 boundary, and B/remaining District land
boundary will require a payment to the District of$500,000, $500,000,and $1,000,000 respectfully(see
attached Map 1). Permanent monuments will be placed by a surveyor on each of the boundaries and
monitored on a regular basis. The financial guarantees will stay in place until such time as the District
and Hanson can agree upon a Ridgeline Scenic Easement. Such an easement would permanently protect
the integrity of the ridgeline as it exists on the 20-acre property. Currently, a County Ridgeline Scenic
Easement exists over an adjacent segment of the ridgeline to the north of the quarry, but does not extend
across the District's 20-acre parcel.
R-06-84 Page 5
The parcels being acquired are rated in the District's Open Space Master Plan as having moderate to high
composite open space values, and are important in terms of providing outdoor recreation and protecting
scenic resources and wildlife habitat. The Monte Bello Road parcel has the highest rating in the Master
Plan. The District's Regional Open Space Study shows Monte Bello Road and the PG&E Trail as
existing trails, and a planned trail connection between the PG&E Trail and Black Mountain Trail.
The 20-acres being acquired by Hanson are dedicated public open space and can be exchanged under
provisions in Public Resources Code Section 5540.5, provided the exchange is less than 40 acres and is
exchanged for open space land of equal or greater value. This action requires unanimous approval by the
District's Board of Directors.
Preliminary Use and Management Plan
The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective
until the plan is amended or a Comprehensive or Master Use and Management Plan is prepared. The
property being acquired will be maintained in a natural condition and no changes to land use are
anticipated. The PG&E Trail, Black Mountain Extension Trail and Monte Bello Road will remain open
for continuation of existing public trail uses. If changes to land use are proposed in the future,the plan
would be subject to further environmental review and public input.
Public Access: Existing trails to remain open for public use.
Trail Use Designation: PG&E Trail and Black Mountain Extension Trail to be designated for hiking and
equestrian use; Monte Bello Road to be designated for hiking,equestrian and bicycling.
Patrol: Routinely patrol of the property.
Signs: Preserve boundary signs and regulations to be installed where appropriate.
Monitoring: Regular inspection of the conservation easement parcel to be carried out four times per year
to ensure compliance.
Name: The 61-acre parcel below and including the PG&E Trail and Black Mountain Trail Extension to
be named as additions to Rancho San Antonio Open Space Preserve and the 46-acre Monte Bello Road
parcel to be named as an addition to the Monte Bello Open Space Preserve.
Dedication: Indicate your intention to dedicate all of the properties and easements as public open space.
Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known
safety hazards on the properties.
CEQA COMPLIANCE
Project Description
Hanson Permanente Cement(Hanson)will exchange 107 acres of scenic open space land to the south and
west of its quarry operation for 20 acres of District land located near the southern boundary of Rancho
San Antonio Open Space Preserve. Hanson will acquire the 20-acre property for the purpose of
incorporating it into its ownership as a portion of the existing quarry that has historically encroached on
District land. The District will retain a conservation easement over the parcel in order to ensure that the
parcel will not be used for commercial quarrying in the future and that its open space values will be
protected to the maximum extent possible. In exchange for the 20-acre parcel, the District will receive
fee interest in a 6 1-acre parcel of land located between the southern boundary of Rancho San Antonio
R-06-84 Page 6
Open Space Preserve and including the PG&E Trail, a trail easement on an existing trail connecting the
PG&E Trail to the Black Mountain Trail, and a 46-acre parcel of land located on Monte Bello Ridge that
includes a segment of Monte Bello Road adjacent to Monte Bello Open Space Preserve. The properties
being transferred to the District have existing trails that are currently utilized by the public,and this use
will be permitted to continue. These lands will continue to be open for public trail use and maintained in
a natural condition.
When the District property is transferred to Hanson,given its stated intention to stabilize a portion of the
quarry located on the 20-acre parcel, it is reasonable to expect that grading will occur within a
4-acre triangular area in the future. Since it is possible that such a project will occur,the conservation
easement being reserved by the District over the 20-acre parcel would allow for a one-time quarry wall-
stabilization project and the construction of a 20-foot wide maintenance road along the crest of the quarry
wall. If such a grading project is proposed on the 20-acre parcel, it would be subject to all laws,
ordinances and regulations of federal, state, regional or county governments, including an appropriate
environmental review of the project by Santa Clara County, as required by CEQA.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317,
15325, and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the operation, repair, maintenance, permitting, leasing, licensing,or minor
alteration of existing public or private structures, facilities,mechanical equipment,or topographical
features, involving negligible or no expansion of use beyond that existing at the time of the agency's
determination. Under the terms of the conservation easement, Hanson is permitted to undertake a repair
to a landslide and a quarry wall stabilization project on approximately 4 acres of the 20-acre parcel. The
project would probably involve establishing benches,which would be a minor alteration to topographical
features involving no expansion of commercial quarrying.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes to keep the area in a natural condition. The Use and Management
Plan specifies that the properties being transferred to the District will not be developed and will remain in
a natural condition. In addition, the conservation easement reserved by the District over the 20-acre
parcel being transferred to Hanson requires the property to remain in a natural condition after a one-time
quarry wall stabilization project to repair an existing landslide.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an
area. The District will receive fee interest in two non-contiguous, undeveloped parcels of land and will
maintain their open space character. No new development is proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
project will transfer to the District fee interest in two non-contiguous open space parcels and a trail
easement. The 20-acre parcel of land being transferred to Hanson accomplishes the preservation of 107
acres of open space land adjacent to Rancho San Antonio and Monte Bello Open Space Preserves.
Although fee interest of the 20-acre parcel will transfer from public to private ownership,the District will
retain a conservation easement to protect the property's open space values. The District will ensure the
fee, and easement interests will be preserved for public open space purposes by incorporating the lands
and easement into Rancho San Antonio and Monte Bello Open Space Preserves.
This acquisition qualifies under all four sections.
R-06-84 Page 7
TERMS&CONDITIONS
The recommended exchange between Hanson and the District involves the District transferring a 20-acre
property to Hanson with the District reserving a conservation easement over the property to protect the
scenic and open space qualities of the property to the maximum extent possible. In return,the District
would receive two properties totaling 107 acres and a public trail easement. This is an equal-value
property exchange, and the only costs will be for due diligence, escrow services, and title insurance.
The exchange would transfer a 20-acre portion of an 80-acre parcel originally acquired by the District
from the Archdiocese of San Francisco in 1977. The area has not been designated for public use due to
its steep terrain,and more recently due to its proximity to the unstable area at the edge of the Hanson
quarry. The District will reserve a conservation easement over the entire 20-acre property, prohibiting
development and commercial quarrying activity and limiting other activity to that required for slope
stability as determined by the regulating agencies. Hanson will provide financial guarantees in the total
amount of$2,000,000 to ensure that the District will receive compensation if slope failure causes erosion
of the area protected by the conservation easement.
In exchange,the District will receive from Hanson:
0 61 acres of land north of and including the PG&E Trail.
0 46 acres of land south of and including Monte Bello Road.
0 A 20-foot-wide trail easement along the existing Black Mountain Trail extension.
Hanson will retain ingress and egress easements along the PG&E Trail and Monte Bello Road solely for
the purpose of maintaining its adjacent lands. These easements may not be used for any other purposes,
including potential future alternative uses of its adjacent lands.
The two fee parcels of land to be transferred to the District are highly desirable additions to Rancho San
Antonio and Monte Bello Open Space Preserves because of their valuable wildlife habitat, scenic values,
and regional trail connections. Both parcels have existing trails that have been utilized by the public for
many years,even prior to the District's purchase of adjacent lands. Due to the extremely scenic value of
Monte Bello Ridge,the District has been particularly concerned about the potential visual and traffic
impacts that residential development would have had on the upper Monte Bello Road parcel. The Black
Mountain Trail extension is important in terms of preserving an existing trail that provides pubic access
between Rancho San Antonio Open Space Preserve and the Black Mountain area of the Monte Bello
Open Space Preserve. The trail easement is for public trail use and maintenance and patrol purposes.
The recommended property exchange involves the transfer of 20 acres of dedicated open space land,
which requires a unanimous vote by the Board of Directors. District staff has determined that the
46-and 6 1-acre properties and the public trail easement being transferred to the District are of equal or
ill
greater value than the 20-acre property being transferred by the District to Hanson.
PUBLIC NOTIFICATION
Property owners of land located adjacent to or surrounding the subject property have been mailed written
notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Acquisition Planner
Contact Persons:
Mike Williams, Real Property Manager
Del Woods, Senior Acquisition Planner
RESOLUTION 06-
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION OF AGREEMENT TO
EXCHANGE INTERESTS IN REAL PROPERTY,
AUTHORIZING OFFICER TO EXECUTE GRANT DEED
AND RESERVATION OF CONSERVATION EASEMENT
FOR THE DISTRICT'S REAL PROPERTY BEING
EXCHANGED AUTHORIZING OFFICER TO EXECUTE
CERTIFICATES OF ACCEPTANCE OF GRANTS TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO CLOSING OF THE
TRANSACTION (MONTE BELLO AND RANCHO SAN
ANTONIO OPEN SPACE PRESERVES—LANDS OF
HANSON PERMANENTE CEMENT)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the
offer contained in that certain Exchange Agreement("Agreement")between Hanson Permanente Cement, Inc.
an Arizona corporation("Hanson")and Midpeninsula Regional Open Space District("District"), a copy of
which is attached hereto and by reference made a part hereof,and authorizes the President and/or appropriate
officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors and/or other appropriate officer is authorized to execute
a Grant Deed and Reservation of Conservation Easement conveying title to the Real Property being exchanged
to Hanson.
Section Three. The General Manager or President of the Board of Directors and/or other appropriate officer is
authorized to execute Certificates of Acceptance on behalf of the District for the properties being exchanged to
the District from Hanson.
Section Four. The General Manager of the District or the General Manager's designee shall cause to be given
appropriate notice of execution to Hanson and to extend close of escrow if necessary. The General Manager
and General Counsel are further authorized to approve any technical revisions to the attached Agreement and
any other transactional documents that do not involve any material change to any term of the Agreement or
other transactional documents that are necessary or appropriate to the closing or implementation of this
transaction.
Section Five. The General Manager of the District is authorized to expend up to$20,000 to cover the cost of
title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Six. The Board of Directors finds and determines that,pursuant to Section 5540.5 of the Public
Resources Code of the State of California,the granting and acceptance of these Grant Deeds is consistent with
Public Resources Code 5540.5,that the real properties being acquired by the District are of equal or greater
value than the real property being transferred to Hanson, and are necessary to be acquired for open space
purposes. And that the District property being granted to Hanson is no longer needed for open space purposes.
PROPOSED HANSON LAND EXCHANGE
Rancho San Antonio and Monte Bello Open Space Preserves
Rancho San Antonio
Open Space Preserve
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Map 1 0 0.25 0.5 1 e
Produced by Midpeninsula Regional Open Space District, July 2006 Miles
Proposed 20 Acre Exchange Parcel with Reservation of Conservation Easement and Financial Guarantees
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Map 2 — ---
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-82
Meeting 06-17
July 12, 2006
AGENDA ITEM 2
AGENDA ITEM
Placement of the Lois Crozier-Hogle Memorial Bench in the District's Rancho San Antonio Open Space
Preserve
II
GENERAL MANAGER'S RECOMMENDATION
Determine that the proposed project is categorically exempt from the California Environmental Quality
Act(CEQA)based on the findings of this report.
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE'S RECOMMENDATION
Permit installation of the Lois Crozier-Hogle Memorial Bench in the District's Rancho San Antonio Open
Space Preserve.
DISCUSSION
On March 21, 2006,the Legislative, Funding and Public Affairs Committee(LFPAC)was assigned the
task of locating a memorial bench site on District land to commemorate Lois Crozier-Hogle,a principal
founder of the Committee for Green Foothills. LFPAC used,as a reference,policies adopted by the
Board on March 14,2001 that set forth site selection criteria for future bench locations on District open
space preserves. Although the Peninsula Open Space Trust(POST)originally directed the policies for
use as part of their Memorial and Commemorative Sitting Areas Program, the Committee felt that these
sites had been carefully worked out through docent involvement and District staff,and therefore would be
appropriate for us to consider.
At LFPAC s March 2 1"meeting,potential sites were narrowed to two spots(one on Rancho San Antonio
Open Space Preserve and one on Monte Bello Open Space Preserve). A tour was conducted on May 9,
2006. Lois Crozier-Hogle's son, Steve,attended the tour representing the family's interest. In addition to
the tour, Steve reviewed the types of benches LFPAC was considering. Steve reported that the family's
preference was the knoll at Rancho San Antonio which best represented their mother's personality.
Located on the top of a knoll, overlooking Los Altos on the East,and the mountains on the West, it is on
a popular trail used by many at all times of the day and week.
On June 6, 2006, LFPAC met and further recommend that a native tree be planted to eventually provide
shade for the bench. According to Holly Van Houten,Executive Director of the Committee for Green
Foothills,her board has authorized the creation of the Memorial Bench Fund for Lois Crozier-Hogle,and
made a commitment to provide the overall costs of the bench,estimated at$3,000.
It is recommended that the District's proposed involvement would be to provide location#1 at Rancho
San Antonio Open Space Preserve as depicted on the attached map.
CEQA DETERMINATION
The proposed project consists of the installation of a memorial bench. The District concludes that this
project will not have a significant effect on the environment. It is categorically exempt from CEQA
(California Environmental Quality Act)under Article 19, Sections 15303 and 15304 as follows:
Section 15303 exempts construction and installation of limited numbers of new, small facilities or
structures.
Section 15304 exempts minor alterations to land and/or vegetation which do not involve removal of
healthy, mature, scenic trees.
These Sections apply as the project would result in the construction or installation of a small bench and
would require only minor, if any,alterations to land.
Prepared by:
Nonette Hanko, Chair, LFPAC
Contact person:
Same as above
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Lois Crozier-Hogle Memorial Bench
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Regional Open Spa,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-89
Meeting 06-17
July 12, 2006
AGENDA ITEM 3
AGENDA ITEM
Rejection of All Bids for the Foundation and Bridge Construction for Four Pedestrian/Equestrian
Bridges Project at El Corte de Madera Creek Open Space'feserve;and Consider and Reject the
Bid Protest by Watershed Science
GENERAL MANAGER'S RECOMMENDA S
1. Reject all bids received for the Foundation and Bridge Construction for Four
Pedestrian/Equestrian Bridges Project at El Corte de Madera Creek Open Space Preserve.
2. Consider and reject the Bid Protest by Watershed Science. j
DISCUSSION
On January 21, 2004, the Board of Directors approved the El Corte de Madera Creek Open
Space Preserve Watershed Protection Program and Mitigated Negative Declaration(see Report
R-04-10). The purpose of the Watershed Protection Program is to protect and restore watershed
integrity while maintaining opportunities for year-round multiple use recreation and
environmental education. The Program provides for substantial physical improvements to the
Preserve's trail system for long-term erosion control.
To implement the multi-phased Watershed Protection Program during FY 2006-07, four bridges
were proposed to be constructed spanning 50, 50, 26, and 20 foot sections on the Giant
Salamander and El Corte de Madera Creek Trails. This contracted portion of the project includes
excavation to construct foundations, bridge abutments, and landings, and assembly and
installation of five-foot wide fiber reinforced plastic (FRP) recreational pedestrian/equestrian
bridges and decking.
i
On May 24, 2006, staff released a Bid Package for Foundation and Bridge Construction for Four j
Pedestrian/Equestrian Bridges at El Corte de Madera Open Space Preserve. The Base Bid
Project consisted of one bridge along Giant Salamander Trail, and the Additional Bid Project
consisted of three bridges along the El Corte de Madera Creek Trail. A mandatory, on-site,pre-
bid meeting was held on June 8, 2006 and was attended by four interested contractors. Three
sealed bids were received at the bid opening on June 19, 2006:
R-06-89 Page 2
Bidder Location Base Bid Amount Additional Bid Amount
1. Donald Hays Trail Contractor, Inc. Tahoe City,CA $135,209.63 $86,616.06
2. George Bianchi Construction,Inc. San Jose,CA $143,210.00 $133,948.00
3. Watershed Science Aromas, CA $148,938.00 $141,012.00
On June 26, 2006, shortly after the bid opening, Watershed Science notified the District of its
"Protest of the Apparent Low Bid and Second Apparent Low Bid for Four Pedestrian Bridge
Contract"contending that each of the other two bidders had failed to list a subcontractor for the
installation of the helical piers and tiebacks required for the Additional Bid Project(the three
bridges crossing El Corte de Madera Creek). The bid protest stated that bidders must be certified
to install these piers and tiebacks and that only Watershed Science listed a subcontractor who
was certified to install the piers. The District's consulting engineer, Tom Jakaby, specified in the
construction drawings the use of helical piers manufactured by A. B. Chance Co. of Centralia,
Missouri. A. B. Chance Company requires all contractors using their helical pier product to
become certified before purchase and installation of the piers. Staff has contacted the west coast
representative of the A. B. Chance Co. and has confirmed this information regarding
certification. In addition, Public Contract Code §3400 requires that public agencies calling for a
designated product by specific brand or trade name allow bidders to furnish any"equal"product.
Jakaby Engineering did not include the"or equal" language in the construction drawings
included in the bid documents. While there is nothing to preclude a bidder from obtaining the
required certification after bid award, staff s conclusion is that it is preferable that the District not
restrict the helical pier component to one manufacturer. This will allow bidders to explore
options for equal alternatives, including potentially less costly components.
Whether or not a bidder would need to be pre-certified, because the certification requirement
applies only to the Additional Bid Project, staff considered recommending award of the Base Bid
Project only. However, permit applications from San Mateo County Planning and Building
Departments have taken longer to process than anticipated. Permits from San Mateo County are
not guaranteed to be awarded in a timely manner to accomplish even the Base Bid Project in this
construction season,which ends October 15, 2006. Even if staff received the necessary permits,
and awarded the Base Bid and rejected all Additional Bid Project items based on the Bid Protest
from Watershed Science, staff would still be required to solicit new bids in 2007 for what was
formerly the Additional Bid Project (the remaining three bridges).
Combining all four bridges into one project for 2007 has the advantage of maximizing the
benefits of District financial and staff resources. There will be a cost benefit by undertaking all
four bridge projects during one construction season, with one contractor mobilization cost.
District field staff was prepared to work in conjunction with bridge construction to perform
restoration work. There is still a large component of their work that may be accomplished in the
absence of bridge construction. Field staff time will also be reallocated to trail realignment and
other restoration work in other high priority areas in the Preserve pending the re-scheduling of
this project.
R-06-89 Page 3
i
i
The Bid Package states that "[a]dditional Bid items may be excluded or included in the contract,
at the sole discretion of the District", and that the District specifically reserves the right to "reject
any or all bids, waive any informality, minor technical defect, or irregularity in bids, and accept
or reject any items of a bid."
I
Accordingly, for the reasons set out in this report, staff recommends that the Board of Directors
reject all Bid Proposals from all bidders. Given all of the factors affecting the timing and
implementation of this project, staff believes this is the most prudent alternative for the District
at this time. The rejection of all bids renders the Bid Protest of Watershed Science moot.
Prepared by:
Meredith Manning, Acting Open Space Planner II
Contact Person:
Same as Above.
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-85
Meeting 06-17
July 12, 2006
AGENDA ITEM 4
AGENDA ITEM
Tentative Adoption of an Amendment to the Use and Manag Plan for Los Trancos Open
Space Preserve to Formalize an Existing Trail Connection ith Palo lto's Foothills Park and to
Realign a Section of Page Mill Trail
GENERAL MANAGER'S RECOMME ATIONS
1. Determine that the proposed project is categorically exempt from the California
Environmental Quality Act(CEQA)based on the findings of this report.
2. Amend the Use and Management Plan for Los Trancos Open Space Preserve to
designate the existing trail connection between the Preserve and Palo Alto's Foothills
Park as a hiking only trail.
3. Amend the Use and Management Plan for Los Trancos Open Space Preserve to
realign the upper section of Page Mill trail to accommodate drainage and recreation
use improvements and to change the use designation of a portion of the trail to hiking
only.
USE AND MANAGEMENT COMMITTEE RECOMMENDATION
The Use and Management Committee (comprised of Directors Little, Chair, Seimens, and with
Hassett absent) recommends that the full Board amend the Preserve Use and Management Plan
to designate the trail connection between Palo Alto's Foothills Park and Los Trancos Open Space
Preserve as a hiking only trail and to realign the upper section of Page Mill trail to accommodate
drainage and maintenance improvements.
BACKGROUND
Establishing a formal trail connection between Palo Alto's Foothills Park and Los Trancos Open
Space Preserve has been a goal of the District for over 20 years (see Report R-83-3). This regional
connection will be the first of its kind, linking a Palo Alto Park with a District Preserve. This project
compliments recent changes in Foothills Park policy that allow non-Palo Alto residents to access the
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Park from specific, connecting regional trails. The trail will also make a key connection in the Bay to
Ridge Trail allowing hikers to travel from Pearson Arastradero Preserve adjacent to Interstate 280 in
Los Altos Hills/Palo Alto through Foothills Park and Los Trancos Open Space Preserve and into the
Skyline area trail system.
DISCUSSION
The Los Trancos—Palo Alto's Foothills Park Trail Connection project consists of two major phases.
The first phase would formalize an existing undesignated trail approximately 1500 feet (—.3 miles) in
length (see Exhibit A, number 1). This trail connects Page Mill Trail in Los Trancos Open Space
Preserve with Pony Tracks Fire Road in Palo Alto's Foothills Park. Before opening the trail
officially, District field staff will perform light clearing and maintenance work to upgrade the trail
and ensure that it meets District guidelines. District staff will clear the trail of obstructions and l
widen the trail to a width of approximately three feet. This work will be done by hand in late
summer or fall of 2006. Trail work on Palo Alto land will be performed and managed by the City of
Palo Alto. The two agencies will coordinate in order to ensure that the trail is maintained to a
uniform standard.
The second phase of the project would realign an approximately 3300 foot (—.6 mile) section of Page
Mill Trail. The new alignment will route the trail away from Page Mill Road and the Los Trancos
property boundary(see Exhibit A, number 2), providing neighbors with increased privacy and at the
same time improving the outdoor experience for trail users. In the current configuration, the trail
performs dual service as a disc line resulting in an uneven tread and a less then ideal user experience.
The new alignment will separate these two uses and route the trail in a more natural location. The
new alignment traverses a variety of plant communities,providing a visually diverse experience for
trail users and increasing opportunities for wildlife observation.
Relocating the trail onto a gentle sideslope will improve drainage, reduce erosion potential, and
decrease long-term maintenance requirements of the Page Mill Trail. During construction, large
stands of native grasses will be avoided when feasible or transplanted and used to revegetate areas
disturbed by the construction process. In addition, staff will begin control measures to eliminate
non-native plants in the summer and fall of 2006. Initiating control measures will discourage the
spread of non-native plants during trail construction. Trail realignment work will be performed by
District field staff in the summer of 2007 and possibly 2008 with timing dependent on the workload
of field staff. When the realignment is completed staff would close and restore a short section of
trail (see Exhibit A, number 3) that will no longer be needed.
The Page Mill Trail is a designated hiking and equestrian trail. Staff recommends designating a short
section of the trail (approximately 1000 feet) as it approaches Foothills Park as hiking only to avoid
creating trail use conflicts within Foothills Park(all trails in Foothills Park are designated hiking
only).
The Use and Management Committee held a public meeting at the project site on June 15, 2006. At
that time staff presented an overview of the project and its history. The meeting included walking the
existing undesignated trail connection between Los Trancos Open Space Preserve and Foothills Park
as well as the majority of the proposed realignment of Page Mill Trail. The Committee stopped at
various locations during the walk to discuss relevant aspects of the project including maintenance
issues, alignment choices, resource management issues, and proximity to neighbors' homes. One
neighbor attended the meeting who is directly affected by the current alignment of Page Mill Trail as
it runs directly adjacent to his property boundary providing a clear view into his home. He
enthusiastically supported the proposed realignment and encouraged the Committee to approve the
project. Greg Betts Manager of the Open Space Division of the City of Palo Alto and Lester
Hodgins, Supervising Ranger for Palo Alto's Foothills Park also attended the meeting. They
expressed their strong support for the project and their desire to see the connection formalized as
soon as possible. They also complimented field staff for the beautiful and technically sound
realignment they had proposed for the realignment.
USE AND MANAGEMENT PLAN AMENDMENT
This amendment consists of minor maintenance and clearing to formalize an existing
undesignated trail approximately 1500 feet in length as a hiking only trail, and realignment of an
approximately 1100 foot section of Page,Mill Trail for hiking and equestrian use, separating it
from an existing disc line and relocating it away from private residences. The new alignment
slopes gently(grade of 10% or less),with cross slopes less then 50%. The new trail alignment
will likely be constructed using a mini excavator and by hand incorporating Best Management
Practices for erosion control and in conformity with the District's Trail Design Guidelines. The
proposed alignment has been surveyed by staff to confirm that no sensitive biological resources
will be affected.
CEQA COMPLIANCE
Project Description
The project consists of the Use and Management Plan Amendment set out above.
CEQA Determination
The District concludes that this project will not have a significant impact on the environment.
This project is categorically exempt under section 15304 of the California Environmental Quality
Act.
Categorical exemption 15304—Minor Alterations to Land
The realignment will involve very minor grading and vegetation removal. These actions will not
involve the removal of healthy,mature, scenic trees.
Prepared by:
Jonas Roddenberry,Planning Technician
Contact Person:
Same as above
Exhibits:
A. Project Map
Los Tranco Foothill Park Tra ; ' Connection
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Exhibit A
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-88
Meeting 06-17
July 12,2006
AGENDA ITEM 5
AGENDA ITEM
Adoption of an Amendment to the Use and Management Plan for Sierra Azul Open Space Preserve and
Authorization to Solicit Bids for Removal of Structures fr the Former North Residence in Mt.
Umunhum Area of the Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIO
1. Determine that the recommended actions are categorically exempt from the California Environmental
Quality Act(CEQA)as set out in this Report.
i
2. Adopt an Amendment to the Use and Management Plan for Sierra Azul Open Space Preserve to
remove structures from the former North Property.
3. Authorize staff to solicit bids to remove structures from the former North Property yin Sierra Azul Open
Space Preserve and restore the site to a natural condition.
DISCUSSION
The District's Real Property Committee(consisting of Directors Hanko, Little, and Davey)has met on
three occasions to discuss the disposition of the former North residence located on Reynolds Road in the
Mt. Umunhum Area of the Sierra Azul Open Space Preserve(see attached map). On September 27, 2005,
the Committee first met at the Preserve to view the condition of the residential structure and adjacent
equipment barn,and to solicit public input from interested neighbors. In compliance with procedures
established in 1996, staff provided participants of the meeting detailed information generated from a site
assessment that addressed existing conditions, historical and cultural significance, past and potential uses,
and associated fiscal analysis of each alternative. At this initial meeting, only one neighbor attended and
expressed an interest in the structures. The Committee then met on two other occasions in December 2005
and January 2006 to further discuss the alternatives and request that additional historical information be
completed before making a recommendation to the Board for removal of the structures and restoration of
the site.
The September 2005 Real Property Committee meeting was attended by Directors, Hanko, Little and
Hassett. Director Hassett attended on behalf of Director Davey. Directors Hanko, Little and Davey
attended the December 2005 and January 2006 meetings.
Summary of Site Assessment
The former North residence is located approximately one mile northeast of Guadalupe Reservoir. Access
R-06-88 Page 2
to the structure is via Reynolds Road, a paved county road that intersects with Hicks Road and climbs
steeply to a grassy plateau where a ranch house,barn, and fenced pasture are located. About a quarter of a
mile before reaching the property, Reynolds Road ends as a public road and becomes an unpaved, dirt and
gravel road.
The District purchased the house in 1986 as part of a 182-acre addition to Sierra Azul Open Space
Preserve(see report R-86-121). The structures consist of a woodframe residence resting on mudsill
foundation and an equipment barn. The original residence was 16 feet wide by 24 feet long and was
comprised of a living room with a fireplace. This structure has been added onto over the years in a
piecemeal fashion and the entire house now includes a living room, four bedrooms, one bath,a dining
room,and a kitchen. Including the covered porches,the current house is approximately 1,450 square feet
in area.
Upon the District's purchase of the property,the house was leased to tenants who had been living there
since 1984. In 1989,the Loma Prieta earthquake damaged the brick chimney and the water storage tank
serving the residence. Consequently,the chimney was removed and the redwood water tank was replaced
with a plastic tank. During the winter of 1997, a branch of a large oak tree fell through the roof. The roof
was patched and repaired at that time. During a major storm in February 2004, a large oak tree fell
through the roof, severely damaging the house and disconnecting the PG&E electrical service line to the
site. The house was so badly damaged that the tenants moved out in June 2004. After the tenants moved
out, staff boarded up and secured the residence;however,the structure has been repeatedly broken into and
vandalized.
Due to the severe damage caused by the February 2004 storm and the deteriorating condition of the
structure over time,staff began to investigate the feasibility of undertaking major repairs that would bring
the structure back to a state that would be acceptable for residential use. Initially,the tree was removed
and the roof temporarily patched. PG&E was contacted to see what would be involved in having the
electrical service reconnected and after an inspection, staff was informed the electrical wiring to the house
was so substandard and posed such a serious fire hazard that it would have to be replaced before
reinstatement of service could occur. Staff then had a general contractor estimate the cost of restoring the
structure to a safe and habitable standard, which not only included upgrading the electrical service to code,
but also reframing and repairing the roof, and making numerous structural repairs. The general contractor
estimated it would cost between $60,000 to$90,000 to restore the house to a habitable standard.
This general contractor's estimate did not include the cost of permits from Santa Clara County. Due to the
extensive scope and expense of repairs needed to make the house habitable,the County of Santa Clara
would require other aspects of the property to be brought up to code including major upgrades to the water
and septic systems. This would mean drilling a new well for an estimated cost of$15,000 to$20,000,and
constructing a new septic system for an estimated cost of$20,000 to $25,000. Taking all these costs into
account,the estimated total cost for repairing the former North residence would range between$95,000 to
$135,000.
As part of the assessment process, staff commissioned Nancy Stoltz, AIA, AICP to do a Historic
Evaluation of the residence. Ms. Stoltz's ultimate conclusion was that"the building would not qualify as a
historic resource for purposes of environmental review under the California Environmental Quality Act
(CEQA), principally because it no longer retained sufficient integrity." The report did identify two locally
known politicians, Paul J. Arnerich and John Mackenzie, who owned the property in the early 1900s: (see
attached Report).
R-06-88 Page 3
At the September 27,2005 site meeting,the Real Property Committee viewed the former North residence
and barn,reviewed Ms. Stoltz's Historic Evaluation,and analyzed staffs structure assessment and
determination report. The Committee also requested that additional black and white photographic
documentation of the original structure be taken before the residence is deconstructed. At the January 24,
2006 Committee meeting,the Committee members agreed, by unanimous vote,that the structures should
be demolished, but only after Ms. Stoltz had conducted additional research into the residence's possible
association with local,historically prominent persons, and presented her conclusions to the Committee in a
supplemental report. Ms. Stoltz has completed her investigation and has indicated in a recent telephone
conversation that she found no additional information to indicate that the house is of historical
significance. A final written supplemental report stating this finding is being prepared.
Staff Recommendation
On May 6, 2006,the barn on the property burned to the ground,and the County Arson Investigator
identified arson to be the cause. Neighbors on Reynolds Road, concerned about the continued fire hazard
posed by the still-standing former North residence,contacted District staff to urge the District to complete
the demolition project(see attached correspondence). In addition, both the Bureau of Alcohol, Tobacco
and Firearms(ATF)and the California Department of Forestry(CDF)requested that the District demolish
the property's remaining structures,which are felt to be an attractive nuisance and a fire hazard.
Considering that Ms. Stoltz has established that the residence has no historic significance,the recent arson
fire that destroyed the barn, and the previous natural destruction and vandalism to the house,staff would
like to proceed immediately with the removal of the former North residence and what is left of the barn at a
cost not to exceed $25,000. Prior to the fire, staff had shown the property to a local demolition contractor
who has indicated with the barn being burned to the ground,the cost of demolition should not exceed
$25,000. Upon your Use and Management recommendation approval to remove the structures from the
former North property, staff will solicit demolition bids and complete this project in an expeditious
manner. In the event that the cost is in excess of$25, 000(the limit for direct expenditures by the General
Manager),staff would return to you for further contract approval.
USE AND MANAGEMENT PLAN AMENDMENT
Site Cleanup: Remove the dilapidated residential structure and the remains of the recently burned
livestock barn.
Restoration: Restore the area to a natural condition.
CEQA DETERMINATION
The project consists of the demolition, removal and clean up of structures from the property. The house
and barn are not considered significant historical resources. The structure exhibits substantial deterioration
and is no longer habitable.
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA under Article 19, Sections 15301(1), 15301(4),and 15304 as follows:
Section 15301(1)exempts the demolition and removal of individual small structures that have no cultural,
historical,or architectural significance. Nancy Stoltz concluded, "The building would not qualify as a
historic resource for purposes of environmental review under the California Environmental Quality Act
(CEQA)principally because it no longer retains sufficient integrity." She contacted a number of agencies
including the Santa Clara County Planning Department,the Heritage Council of Santa Clara County,the
R-06-88 Page 4
Santa Clara County Historical Landmarks Commission,the New Almaden Quicksilver County Park
Association and the Regional Branch of the State Historic Preservation Office and determined that the
structures do not have cultural, historical, or architectural significance.
Section 15301(4)exempts the removal of accessory structures including garages,carports, patios,
swimming pools, and fences. The barn, which is now rubble, falls within this category.
Section 15304 exempts grading on land with a slope of less than 10 percent, and filling of earth into
previously excavated land with material compatible with the natural features of the site. Only a minimal
amount of grading, if any, will be required to restore the level building sites to a natural condition.
The proposed structure removal project qualifies under all three sections. This project will restore the site
and help return it to a natural condition.
Prepared by:
John P. Dickey, Real Property Specialist
Contact person:
Michael C. Williams,Real Property Manager
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Produced by Midpeninsula Regional Open Space District,July 2006 0 375 750 1,500
Feat
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Craig Brifton
Subject: FW: Arson fire on Reynolds Road
|
� From: ]uhnMage
Sent. Tuesday,June 27,2006 8:59AM
To: Craig Britton
Cc: Johnmadel
Subject: Arson fire on Reynolds Road
Craig. .
Last week | had a conversation with the lead investigator with Bureau of"ATF"AJcoho|. Tobacco and Fireanna,who was
� investigating the barn fire at the former North House on Reynolds Road in Los Gatos (Sierra Azul O Space Preserve
Mt. UnnunhunnArea). He stated that his agency and local fire marshals were concern about the condition of the house on
sibamndhow\thaabecorneonattnaotivenVioanceforthekidnbncongra0obaandpmdy. ThayananequenUngthetvvedenno �
the house and clean up the area oo soon aspossible.
Also, | have had o conversation with Dr. Richard Starrett who is o neighbor that lives up the road from the North House; he
states that his family and neighbors living in the immediate area are very concern about the activities involving the house
and the fire exposure for the other residents in the neighborhood.
� JohnK4acie| �
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Operations Manager
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Los Altos,California B4U22-14O4
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Original Message
-----
From: Richard Starrett
Sent: Sahurdoy, May OG, 2006 9:25AM
Subject: arson/attractive nuisance
Well, it finally happened early this morning. The old barn KXidPen owns on Reynolds Road in Loa Gatos
burned to the ground, met on fima. | mssurno, by kids. There was a fresh pile of Bud Lite cans in the
driveway. The old farm house did not burn and the fire, luckily, did not spread. These old abandoned
buildings on your property are an attractive nuisance. This fire was entirely predictable, msyour patrol
� staff will tell you. |f this had happened just m little later in the year, when itishot and dry, God knows
What might have happened. All nf our houses would be endangered, lives could belost. �
Please arrange bu demo the old farm house on Reynolds before |t too.burns down. This might be agrea\ �
site for m fire department urCDF training exenuimo, burn the thing down on purpose. Whatever you do.
please do the responsible thing and eliminate this danger to the property of everyone living on Reynolds,
Richard Starrett
20860Reynm|ds Rd. Los Gatos Q5O32
� (4O8\ 323-543QH (408)359-8��� VV �
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� 5/24/2006 �
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Historic Resource Evaluation of former North residence
19640 Reynolds Road, Los Gatos, California
Purpose and Methodology
The following evaluation was prepared by Nancy E. Stoltz, AIA, AICP. Ms. Stoltz is an historic
preservation consultant who meets the Secretary of Interior's qualification standards for
professionals in architectural history and architecture as published in the Code of Federal
Regulations, 36 CFR Part 61. The purpose of this evaluation is to determine whether the
property at 19640 Reynolds would qualify as an historic resource for purposes of environmental
review under the California Environmental Quality Act(CEQA). The property is not currently
listed on any register or survey of historic resources, therefore, to be considered an historic
resource, it would have to be eligible for the California Register of Historical Resources or the
National Register of Historic Places. The eligibility criteria for listing on the California Register
and the National Register are quite similar. However, the threshold of integrity required to
qualify for the California Register is somewhat less than that for the National Register. For this
reason, the evaluation will focus on the California Register listing criteria.
Ms. Stoltz conducted a site reconnaissance of the buildings and photographed them on June
23, 2005. All photographs that appear in this report were taken by her with a digital camera at
that time. She toured the interior of the house and viewed the interior of the barn through large
gaps in the walls. Because the residence was boarded up and much of the roof covered with
tarps, the photographs do not show the windows, doors roofing material or exterior trim in most
cases. The site is also overgrown with tall grass, which sometimes obscures views of the
building in the photographs as well.
Research was conducted by Ms. Stoltz at the offices of the Santa Clara County Recorder, Tax
Assessor and Planning departments in San Jose and at the California Room of the Martin
Luther King Jr. Library in San Jose. In addition, Ms. Stoltz contacted the reference librarians at
the Los Gatos Public Library and the San Jose History Park Research Library. The district staff
had previously contacted several public agencies to inquire if they had any records or
information pertaining to the history of the property on file. These included the following: the
Santa Clara County Planning Department, the Heritage Council of Santa Clara County, the New
Almaden Quicksilver County Park Association, the Santa Clara Historical Landmarks
Commission, and the regional branch of the State Historic Preservation Office. None of the
agencies contacted could provide any information about the history of the structures or the
property as a whole.
Background
The property is located on Reynolds Road, which intersects with Hicks Road, in unincorporated
Los Gatos. The site is approximately one mile northeast of the Guadalupe Reservoir.
Historically, the area is referred to as Guadalupe or Almaden. It is bordered by the Arroyo Seco
de los Capitancillos on the north side,which runs roughly parallel to and just north of Hicks
Road, but most of the acreage and the house lie at a higher elevation to the southwest. The
right-of-way for Hicks Road cuts through the northern edge of the property, with a small sliver of
land lying on the opposite (north) side of the road extending to the creek. On the north side of
the creek lies the northern reaches of the Almaden Quicksilver County Park, though the actual
settlement of New Almaden is located some distance away at the south end of the park.
NANCY ELIZABETH ST6LTZ AIA - AICP DESIGN AND PLANNING
North Residence Historic Resourr valuation Page 2
The property was part of a 182-acre acquisition by the Midpeninsula Regional Open Space
District in 1986. At the time of acquisition, there were seven acres of walnut orchards in
production maintained by the property's caretaker. The orchard is no longer productive. The
existing residence and barn are in poor condition and both currently stand vacant. The house
suffered damage to its brick chimney and redwood water tank as a result of the 1989 Loma
Prieta earthquake. A metal flue was installed to replace the chimney and a plastic water tank
replaced its redwood predecessor.
Additional damage occurred in the winter of 1997 when part of a large oak tree fell through the
roof of the house. The damage was repaired to allow the tenants to continue to occupy the
house. However, additional storm damage occurred in 2004, including a fallen electrical line
that prompted PG & E to disconnect electrical service. The replacement water tank was
damaged and the district boarded up the structure when it was rendered uninhabitable. After
obtaining cost estimates to repair the structure once again after that storm, the district found that
it was no longer cost effective to repair and maintain the structure as a rental residence. The
house and barn and now proposed to be demolished.
Description of Residence
The house and barn occupy a relatively flat knoll at a wide bend in Reynolds Road. Ground
cover is primarily grasses, though oak trees shade the house and barn. The residence is
oriented with the front porch and main entry facing southwest. For reference purposes, the front
will be described as the west elevation. The topography drops off quickly behind the house and
provides a panoramic view of the Santa Clara Valley beyond and below. Orchard plantings can
still be seen on County aerial photographs of the property, located to the northeast of the house,
though few walnut trees are visible from the knoll itself. The barn is located a short distance
northwest of the house and both structures are visible from the road.
The residence is a one-story building that appears to have been enlarged in a piecemeal
fashion. It's footprint resembles the numeral W in plan, drawn in an open block style, rather
than with a closed triangular top. When viewed from the southwest, the vertical stem of the 4 is
formed by the long, narrow south wing, nearest the water tank. This wing is approximately 12
feet wide and 60 feet long from east to west. It houses the kitchen and dining room at the front
and bedrooms and bath toward the back of the house. The open top of the numeral 4 is formed
by the living room wing on the north side and a small transverse connection on the southwest
side linking it to the south wing of the residence. A covered porch wraps around the three
exposed sides of the living room on the east, west and north.
The living room wing is approximately 16 feet wide by 24 feet long from east to west. It is
connected to the south wing by a small bedroom and corridor, approximately 16 feet wide in
total, and separated from the south wing by a narrow 8-foot wide open court located at the rear
(east side) of the building behind the central bedroom. The corridor extends along the front of
the house behind the portion of the front porch that has been enclosed. Another enclosed porch
is located at the west end of the south wing adjacent to the kitchen. A smaller enclosed bay is
found toward the rear of the south wing and appears to house a closet, accessible only from
within the house. The two enclosed porches are visible in the photograph below. The enclosed
are of the front porch is in the center of the photograph and the kitchen porch is the lean-to to
the right of the kitchen's end gable. In the background on the right is the replacement plastic
water tank.
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
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North Residence Historic Resourr -valuation Page 4
The exterior cladding is predominantly wood shingle. The exception is the living room wall
under the porch overhang. This wall surface is clad in shingles up to the height of the window
and door heads only. Above this height vertical boards 9-3/4 inches wide extend above the
height of the shingles to form the exterior wall surface. These vertical boards are one-inch thick
and are evidently nailed to the top and bottom plates of the structure to form the wall. This type
of construction is generally referred to as single wall. The term is something of a misnomer in
this case, as there are actually two one-inch thick vertical boards nailed together to form the
structural wall system.' The only posts in evidence in the living room are at the corners. The
wall finish on the interior included 1/2-inch thick redwood wainscoting with wall board material
above. The ceiling is a gambrel shape to give additional height toward the center of the room.
It is finished in beadboard —planks milled with several grooves and/or narrow beads so that one
board appears to be comprised of several narrower boards. The boards are thin, perhaps one
half inch in thickness, and typically joined by tongue and groove joints.
Interior of Living
Room looking east—
note redwood wainscot
with wallboard above.
Ceiling is finished in
headboard.
The windows and trim were only visible from within the residence as they were covered by
plywood on the exterior. The living room windows are very simple squares made of four fixed
lights set in a frame of flat unadorned wood members. They are mounted with side hinges and
a simple latch on the opposite side to close them. There was no other hardware in evidence.
There are french style exterior doors in the living room and hallway.
The single wall construction of the south wing of the house was also evident where a pipe had
penetrated the south wall, east of the enclosed porch. The width of the vertical planks along the
east side were visible in spots where the shingles were missing. Both the south and west walls
' The structural system for the wall was evident near the chimney where a circular hole had been cut for
a flue, since removed. The thickness of the boards was observed and measured at that location only, but
appeared consistent throughout the living room wing.
NANCY ELIZABETH STOLTZ AIA • AICP DESIGN AND PLANNING
I
North Residence Historic Resourc valuation Page 5
of the south wing were also built using two planks, each one-inch thick, but these planks were
wider than those used at the living room walls, measuring 11-1/2 inches, rather than 9-3/4
inches wide. As in the living room, there was an interior wainscot of vertical boards in the
central rooms, but the inner planks were left exposed at the upper wall, rather than covered in
wallboard, along the south wall. Rather than nailing the planks together vertically to the top and
bottom plates, however, the interior boards were nailed diagonally to form chevrons in the dining
room and simple diagonals in the bedroom beyond. This interior treatment was not evident in
the rooms at the east or west end of the south wing.
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":��" .R Ie.L;a ��•'� ''r'`�`i��_�i'�i4�+:af�i '�.r`1�LwA 113�,'�; �7_ sy4 � t ` ,-�=y��?:Side (south) Elevation of Residence—kitchen & dining room at left, bedrooms & bath at right.
The windows (or window openings) and gambrel ceiling in the central bedroom, dining room and
adjacent bedroom are similar to those in the living room. However the windows in the kitchen
and the other bedroom and bath did not match, and in some cases appear to be salvaged
materials. The ceiling of the kitchen has the same gambrel shape, but is finished in plywood,
not beadboard. The back rooms of the south wing have a dropped flat ceiling.
Description of Barn
The barn is located a short distance away, north of the house. It is a simple gable roofed
structure with a lean-to addition on the east side. It is constructed of vertical planks, probably
redwood, and corrugated metal roofing. The barn appears to have been built and used primarily
for equipment storage. The original structure was evidently extended on the north side, as the
roofline extends farther in that direction. Also, a partial wall remains on the interior at the point
where the original roofline would have ended to make a symmetrical gable end. It appears that
the original north wall was substantially opened up to enlarge the building, in the process
undermining its structural stability. Although it appears to be in fair condition from the south
side, the large gaps in the wall and large areas of the missing roof are very evident from the
stability and weather tightness
n on the west side. The structural
north side and to a lesser extentY 9
of the building has been severely compromised and it is well on its way to becoming a ruin.
NANCY ELIZABETH STOLTZ AIA • AICP DESIGN AND PLANNING
North Residence Historic Resource -valuation Page 6
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West Wall of Barn South wall of Barn
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North Wall of Barn
History of the House and Property
The original date of construction for the residence is not known, nor is the date of any
addition(s), though the residence has clearly been enlarged from its original size. The date of
construction is estimated to be around 1900. This is based in part on property ownership
records, surviving tax assessment records and its general appearance and building materials. It
is conceivable that the original portion of the house could be even older, though additional
historical research would be needed in an attempt to determine its age more precisely. Even
then, its precise age may remain unknown. Historical tax records from the county tax assessor
are one of the most reliable records for determining when a property was improved and these
NANCY ELIZABETH STOLTZ AIA • AICP DESIGN AND PLANNING
North Residence Historic Resour cEvaluation Page 7
historical records were not available. Even if they still exist, those records may not provide a
description of the improvements adequate to determine whether they were, in fact, the house
and barn that is there today. Several neighboring residents were also contacted to see if the
had any historical information about the house, but the calls did not yield any information.
An improvement appraisal record of the property was available from the Santa Clara County
Tax Assessor's office. This record proved almost more confusing than valuable, as it includes
multiple entries by various individuals, usually without providing the dates of entry for the
information. It also has a small sketch of the floor plan with area calculations and notations
regarding the number of rooms, but that information is not dated. There was no notation
regarding the barn.
On the first page of the form, which covers the improved parcel where the house and former
walnut orchard are located, the property owner's name has been erased but is still faintly visible
-"John D. Mackenzie." That parcel was listed at just under 60 acres (gross). His name also
appears on the second page of the form, which covers an adjacent unimproved parcel of 2.57
acres only. There his name has been crossed out and replaced with that of Ellen Lamphear.
The appraisal record indicated the year 1915 as the entry for"Year Built", but below that date is
an entry that says "much older' and another beside it that says"remodel". These notations may
indicate a difference of opinion regarding the structure's age among the various appraisers who
may have inspected the property over the years. The date of remodel is not clear from the
notations, nor is the extent of the remodel work.
Property deeds yielded information regarding the previous owners of the property. And in fact,
they show that John D. Mackenzie did purchase the property on May 4, 1903 from Paul J.
Arnerich, along with his brother, Andrew S. Mackenzie and Mary E. and Isabel O. Mackenzie
(relationships unknown). The property transaction involved three separate lots, totaling 86.07
acres.2 This same property had been acquired less than a year earlier, in December 5, 1902,
by Mr. Arnerich from William J. Leet and his wife, Winifred McLaughlin Leet. It appears to
include the site of the residence and barn and is referred to as parcel 2 on a record of survey
map filed on May 9, 1972 on behalf of John R. and Martha North, owners of the property at the
time of its acquisition by the district. It was not discovered when the Leets first purchased the
property, but additional deed research into the grantor grantee indexes would probably reveal
that information.
Research focussed on Paul J. Arnerich and John and Andrew Mackenzie, as the timing of the
purchase seemed most closely aligned with the likely age of the house. Research on the
history of the Leet family was not pursued. This ownership history reflected in the deeds was
3
confirmed by maps of Santa Clara County drawn in 1902-03 and 1914. The former map
indicated Paul J. Arnerich as the owner of 290 acres, including the subject parcel 2, and J. D.
McKenzie (different spelling, but presumably the same person) as the owner of the same
property in 1914. However the county directories tell a somewhat different story regarding who
resided there. The directories list the residents of each community and their addresses. In the
case of unincorporated areas, the residents are listed under the nearest town, in this case, Los
Gatos, and the address is indicated only by the nearest United States post office, which was
2 Book 268 of Deeds, Santa Clara County Recorder, pp. 9-10.
3 J.C. McMillan&McMillan, Civil Engineers. Santa Clara County(map), 1902-03. and J. G. McMillan,
County Surveyor. Map of Santa Clara County, Cal. & Vicinity, 1914. Both maps are in the collection of
the Califomia Room at the Martin Luther King, Jr. Library in San Jose.
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
North Residence Historic Resourr evaluation Page 8
evidently Frohm. According to the 1903-04 Santa Clara County Directory, Frohm was located
10 miles south of San Jose on the Southern Pacific narrow gauge Almaden branch railroad. It
was discontinued on July 1, 1902, but the term continued to appear in directory listings for at
least another decade.4
So despite the date of sale of the property to the Mackenzies in May of 1903, the County
directories for Los Gatos indicated that Paul J. Arnerich resided in the Los Gatos area in the
Frohm region for several more years. Other Americh family members resided there even
longer. Paul J. Americh is first listed in the 1903-04 directory as a vineyardist and last appears
as a resident in the 1907-08 directory. However others with the surname, Americh, known or
presumed to be members of his family, are listed in the directory as residents of Frohm and
vineyardists as late as 1912-1913. The 1919 directory lists John F. Americh as a resident of
route A(a postal route); his occupation is lawyer. Directory listings for Los Gatos were not
found for the years from 1914 to 1918.
The directories listed Paul J. Americh as a resident of Frohm beginning with the 1902-03 and
ending with the 1907-08 directory. His occupation was listed as vineyardist until the last entry,
when it was U.S. Marshal. His mother, Mrs. Elizabeth Frohm was listed as a resident for
several years, as was his daughter, Miss Elizabeth Frohm. Her name last appeared in 1909-
1910, but Matthew E., a vineyardist, is listed though 1912-13. As with some of the other
individuals named, including a Miss Isabelle (or Isabella)Americh, his relationship to Paul J.
Americh is unknown.
Biographical information was found about Paul J. Arnerich in a book on Santa Clara County
history.5 A copy of the entry in attached to this report. He was born near San Jose in 1869 and
worked on his father Matthew's farm in the Union district until around 1890, when he began
farming for himself(location unknown). He married Ms. Eva La Montagne the year before. In
1905 he was elected to the state Legislature for one term, after Which he was appointed to the
U.S. Marshal's office. He resigned that office and was elected again to the Legislature in 1915,
then re-elected in 1917. This would explain his absences from the family home in Frohm during
those years. He was identified as a member of the Republican party who enjoyed hunting when
he tired of politics. According to the biographical sketch, the Arnerich family included four
children: Bernice, Francis, Genevieve and Elizabeth. Elizabeth was also Paul's mother's name.
Information was also found pertaining to John D. Mackenzie and his brother.Andrew. The 1903
directory lists the brothers' residence as 219 Guadalupe in San Jose. Together they owned the
San Jose Foundry6, which was located at 22 West San Antonio, according to the directory.
Andrew's occupation was listed as foundry manager and John's as Harbor Commissioner of
San Francisco. John Mackenzie had been very active in local politics and served on the Santa
Clara County Board of Supervisors as well as the San Jose City Council early in his career. He
is perhaps best known for his affiliations with the Republican party political group he headed,
the California Club, and with corruption scandals associated with the 1902 mayoral election in
San Jose. His popularity declined after that election when his candidate was defeated. A
number of his political machine's other candidates standing for election were also swept out of
4 Information courtesy of Jim Reed, reference librarian at the San Jose History Park Research Library.
5 Sawyer, Eugene. History of Santa Clara County, Cal. 1922, pp. 608,611.
'3 Eatkins, David W. Businessmen and Municipal Reform: A Study of Ideals and Practice in San Jose
and Santa Cruz, 1896-1916. San Jose State University: Sourisseau Academy for California State and
Local History, Student Publication No. 1, 1976, p. 8.
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
North Residence Historic Resourc- evaluation Page 9
office in a "good government" reform effort. The scandal is recounted in an article published by
San Jose State University, "The Worswick Reformers and "the Push," 1902-1904"written by
Richard C. Wakefield.7 A copy of that article is attached to this report. -
John D. Mackenzie was listed in the 1919 and 1920 directories for Los Gatos as an orchardist
residing on Route A. No research was conducted to investigate how long he was listed at that
location, or when he sold the property in question. However, he was not listed in the San Jose
city directory for those years, so it appears that this was his place of residence. It is presumed
that he moved to the property in Los Gatos in 1919, though he had purchased it from Paul J.
Arnerich some 16 years earlier. In that case, the Arnerich family were living as tenants on the
land they initially purchased. Both men were prominent in the Republican party and the
influence of both clearly reached beyond San Jose and Santa Clara counties as indicated by
their elected and appointed positions.
Discussion of Potential Architectural and Historical Significance
The residence has clearly been enlarged from its original footprint. An educated guess
regarding the size and general appearance of the original residence can be made from the
physical evidence. The locations of interior walls and the use of consistent materials for interior
finishes and consistent window styles and/or sizes indicate that the original structure was likely
built in a modified V plan. The living room wing would have formed the vertical leg and the
central bedroom/corridor and dining room/kitchen the intersecting horizontal leg. However, the
kitchen would have projected westward for several feet beyond the edge of the front porch,
based on the location of the interior wall. The front porch appears to have been original, or
possibly an early addition. Its plywood floor is overlain on top of much older, deteriorated wood
decking. The porch's metal roof and its railings are likely replacements for deteriorated
originals. The present dining room was probably located in what was originally the kitchen. The
present kitchen is clearly an addition, as are the back bedrooms and bath in the south wing.
In terms of its design, the house is not at all cohesive, due in part to the various porches and
appendages that have been added or enclosed. Even ignoring those, the overall design has
odd proportions, with the long narrow south wing being some 60 feet in length and only 12 feet
wide, overpowering what may have initially been a pleasant little farmhouse, with a shady porch
wrapping around much of it. Even the design of what appears to be the original building is not
particularly noteworthy in appearance or architectural features. Its appearance would have
been that of a pleasant but simple vernacular L-shaped cottage, clad in wood shingles. The
scale of the south addition simply overwhelms its original proportions when viewed from both
the front and the rear.
The most interesting aspect of the building is its use of single wall construction, rather than the
more common light stud framing for the walls. Based on the use of this unorthodox construction
technique and the rather plain design details for the windows, trim and even hardware, it is likely
that the house was built by an amateur, perhaps even by the owner and/or his family members.
The construction technique alone, though somewhat unusual in residential buildings, is not
enough to make the building architecturally significant for its design. There was insufficient
information available on the barn to document its history separately from that of the house.
Evan if it dates from the same time period, it has lost its structural integrity and would not likely
qualify as an historical resource due to integrity problems.
7 David W. Eatkins, ed. op. cit., pp8-1 1.
NANCY ELIZABETH STOLTZ AIA • AICP DESIGN AND PLANNING
North Residence Historic Resourc, evaluation Page 10
Regarding historical significance, the building appears to have been associated with two
prominent local politicians, one (John D. Mackenzie) fairly notorious in his day. Both were
active in the early decades of the twentieth century when they were associated with the
property. However, in order to qualify as an historical resource, the building.itself must possess
integrity, even if it is being considered historical for its associations with significant persons,
rather than for its design or construction. The issue of integrity is discussed below in the
evaluation.
Evaluation of Eligibility for California Register of Historical Resources
The California Environmental Quality Act (CEQA) defines the term "historical resources" in part
15064.5(a) of the CEQA Guidelines to include resources already listed in, or determined eligible
for listing in the California Register of Historical Resources (California Register). It also includes
in that definition resources included in a local register of historical resources or included in a
resource survey meeting specified requirements. However, if a resource has not been formally
determined eligible or locally listed, individually or as part of a survey, it may still be considered
an historical resource by the Lead Agency under paragraph (a)(3) of the same part referenced
above. Resources generally considered by the Lead Agency to be"historically significant" are
those resources that meet the criteria for listing on the California Register. In the case of the
former North residence and barn, the property has not been listed in or determined eligible for
listing in the California Register, nor is it listed in any local register or included in a resource
survey. For this reason, the Lead Agency, i.e. the Midpeninsula Regional Open Space District,
should consider whether the property is eligible for the California Register.
Resource types potentially eligible for listing in the California Register include buildings, sites,
structures and objects. In the case of the North property the appropriate resource type for
consideration would be building, i.e. the residence and/or barn. The California Registers
eligibility criteria for listing are generally consistent with those for listing historical resources in
the National Register of Historic Places. The primary difference is that an historical resource
that does not retain sufficient integrity to meet the criteria for National Register listing may still
be eligible for listing in the California Register if it maintains the potential to yield significant
scientific or historic information or specific data.8
There are four specific eligibility criteria for the California Register. Of the four, the second and
third have potential relevance to the property under consideration:
2. It is associated with the lives of persons important to local, California, or national history; or
3. It embodies the distinctive characteristics of a type, period, region, or method of
construction, or represents the work of a master or possesses high artistic values.
However in addition to meeting one of the four significance criteria, the resource must also
possess integrity to qualify for listing. Integrity is defined as the authenticity of an historical
resource's physical identity evidence by the survival of characteristics that existed during the
resource's period of significance. That is, the resource must retain enough of its historic
character or appearance to be recognizable as an historical resource and to convey the reasons
for its significance.9
8 See Technical Assistance Series#6, published by the California Office of Historic Preservation.
9 Ibid. Also see California Code, Title 14, Chapter 11.5, part 4852(c).
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
North Residence Historic Resource--Evaluation Page 11
As noted in the previous section of this report, the property appears to associated with the lives
of persons important to local history in the early decades of the twentieth century, that is with
the lives of two prominent Republican politicians, Paul J. Arnerich and John D. Mackenzie. So at
first glance, it would appear to qualify under criterion 2, above. Although the house is clearly not
the work of a master and does not possess high artistic values, it could be argued that its
embodies the distinctive characteristics of a method of construction known as single wall.
However to qualify for the California Register under either criteria, the building must possess
integrity.
The presence of characteristics that existed during the resource's period of significance are an
important aspect of integrity. If they are not present, the resource will not be recognizable.
However, even they are still present, if the resource had suffered from later additions that
overwhelm or obscure those historic characteristics, its integrity will also be compromised.
Original materials or features may be destroyed or obscured by later additions and the overall
design, workmanship, feeling and associations of the property may have been adversely
affected or compromised. That appears to be the case with the North residence.
For the sake of discussion, a period of significance of 1902 to 1925 is can be assumed, to cover
the years when both Americh and Mackenzie were prominent and believed to be associated
with the property. However, the east and west additions to the south wing evidently occurred
after the period of significance due to the use of plywood paneling, rather than beadboard or
redwood paneling for the ceiling and interior finish materials. The additions clearly distract from
and alter the original design and appearance of the residence from both the front and rear. The
porch enclosures and additions further obscure the historic proportions and appearance, of the
residence, particularly of the front elevation. Among the features that have been obscured by
the porch enclosure are the original front entry and door of the house. The original gable end of
the kitchen wing has also been enclosed by the later addition. For these reasons, the residence
has lost its integrity to the point where it is difficult to recognize it as a possible historical
resource.
The integrity criteria for the California Register also state that a resource that has lost its historic
character may still have sufficient integrity for listing "if it maintains the potential to yield
significant scientific or historical information ors pecific data."10 Though the single wall
construction of the residence is somewhat unusua, it is not unique or unknown so the building is
unlikely to yield any new technical information or specific data on this type of construction.
Therefore the property does not appear to qualify for the California Register under this
exception either.
Conclusion
In conclusion, the property does not appear to retain sufficient integrity to qualify for listing in the
California Register of Historical Resources. However, the property has an interesting history in
relation to locally prominent persons and the single wall construction technique used to build the
residence is somewhat unusual. For these reasons the following conditions of approval for the
demolition are recommended:
10 10 See Technical Assistance Series#6, published by the Califomia Office of Historic Preservation.
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
North Residence Historic Resourc, '=valuation Page 12
1 Conduct further research into the history of the property to clarify its associations with
locally prominent persons and better define and document their significance and the
relevant time period. The findings should be made available to local libraries and historical
archives.
2. Deconstruct, rather than demolish, the exterior walls of the residence in order to salvage
the timber. Some of the barn timbers may be salvageable as well, depending on the
degree of cupping of the wood. The district staff could perform the salvage and retain the
timber for other projects as needed, or allow contractors to salvage and reuse it.
3. Document the deconstruction using black and white film photography to show interesting or
unusual construction techniques encountered as the deconstruction progresses. The
photographs should be made available to local libraries and historical archives together
with the research called for above.
NANCY ELIZABETH STOLTZ AIA - AICP DESIGN AND PLANNING
- t
x Regional Open Spac(c
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-87
Meeting 06-17
July 12, 2006
AGENDA ITEM 6
Approval of Grant Agreement with the California State Coastal Conservancy's San Francisco Bay Area
Conservancy Grant Program for Assistance with the Pot -Addition of the Peninsula Open Space
Trust's Stevens Canyon Ranch Property to Saratoga G p Open Space Preserve(Santa Clara County
Assessor's Parcel Numbers 503-04-001, 503-05-016, 03-05-039,arz 503-06-024)
GENERAL MANAGER'S RECOMMENDA -
1. Determine that the recommended action in this report is not considered a project under the California
Environmental Quality Act(CEQA), as set out in this Report.
I
2. Adopt the attached Resolution of the Board of Directors of the Mid peninsula Regional Open Space
p p g P P
District approving the agreement for grant funds from the San Francisco Bay Conservancy Program
of the California State Coastal Conservancy for the potential addition of Peninsula Open Space
Trust's Stevens Canyon Ranch Property to Saratoga Gap Open Space Preserve.
DISCUSSION(see attached map)
The San Francisco Bay Conservancy Program is administered by the California Coastal Conservancy and
provides a regional framework for grant support of the Bay Area's interconnected open space system of
watersheds, natural habitats, scenic areas, agricultural lands,and regional trails. This grant for the
District's potential purchase of Peninsula Open Space Trust(POST)'s Stevens Canyon Ranch property is
expected to come from Proposition 40,the California Clean Water, Clean Air, Safe Neighborhood Parks
and Coastal Protection Bond Act of 2002.
In December 2004, POST purchased the 238.15-acre Stevens Canyon Ranch property for$6,600,000,
matching an offer made by a private party who intended to build a large home on the property. In
February 2005,the District's Board authorized entering into a License and Management Agreement with
POST whereby the District would manage the property as part of Saratoga Gap Open Space Preserve(see
Report R-05-09)enabling the District time to pursue grant funding opportunities to purchase the property.
It is staffs assessment that adding the Stevens Canyon Ranch property to Saratoga Gap Open Space
Preserve would be an important and integral addition to the Bay Area's open space system,enhancing the
re ion's public recreation facilities and helping to protect its resources. The roe is situated between
g P P g P property rh'
Monte Bello and Saratoga Gap Open Space Preserves and is adjacent to(Lower) Stevens Creek County
Park. Located on the north-facing slopes of Stevens Canyon,the property's diverse landscape includes
grassland, meadows,orchards, and redwood groves along two year-round creeks in deeply cut canyons.
The landscape attracts a variety of wildlife, and offers outstanding recreational opportunities. Being
strategically located between protected public lands,the addition of this property to Saratoga Gap Open
Space Preserve would provide an ideal site for a regional public staging area, as there are excellent
opportunities for two important regional connecting trails. The first would cross over Stevens Creek and
ascend northward to the planned Stevens Creek Trail between Monte Bello Open Space Preserve and
Stevens Creek County Park. The District and Santa Clara County have long been cooperating to purchase
R-06-87 Page 2
properties and trail rights on the north side of Stevens Canyon Road in order to complete this trail. The
second trail would extend from the northwestern boundary of the Stevens Canyon Ranch property through
Saratoga Gap Open Space Preserve to the segment of the Bay Area Ridge Trail south of Saratoga Gap.
This new trail would provide access to the regional trailhead at Saratoga Gap and connect with the
Skyline-to-the-Sea Trail,Castle Rock State Park, Sanborn County Park, Long Ridge Open Space Preserve
and numerous other preserves along Skyline Boulevard.
In June 2005,the District submitted an application to the Bay Area Conservancy Program requesting a
matching grant in the amount of$1,000,000 to assist in the purchase of this property. The Coastal
Conservancy approved the District's application at its March 2006 meeting, and awarded the District a
grant for$500,000. The Board of Directors' approval of the Grant Agreement will secure these grant
funds so that they will be available in the future for purchase of the property as needed. This Grant
Agreement secures funding until March 2007.
Approval of the grant will make the funds available to the District when it completes pre-acquisition
review and planning of this property, and the District Board enters into a purchase agreement with POST.
Approval of the grant does not constitute an agreement to acquire the property by the District, nor does it
obligate the District to complete the acquisition. It is simply staff s desire to have the funding available in
order to permanently protect this valuable open space.
In addition to the State Coastal Conservancy Grant,the District plans on utilizing its$1,240,318 Roberti-
Z'berg Harris Block Grant, also a Proposition 40 grant-funded program,toward the purchase of this
property. This program provides funds for the purchase and development of recreational facilities to meet
the needs of urban counties. In addition,POST is seeking a$1.6 million contribution from the Santa
Clara Valley Water District that would include a riparian conservation easement to ensure watershed
protection in perpetuity. If POST secures the Water District funding, it would sell the property to the
District for$5,000,000, reflecting a discount for the Water District contribution and the corresponding
conservation easement, in which case,the District's net cost would be $3,259,682. It is anticipated that
the proposed purchase of the Stevens Canyon Ranch property will come to the Board in late summer or
early fall of this year.
CEQA COMPLIANCE
The District has concluded that the action being adopted in this report is not considered a project under
the California Environmental Quality Act(CEQA). The proposed action secures a funding mechanism.
Entering into this agreement to secure grant funds for a potential acquisition does not require the District
to purchase the property nor expend the funds. Approval of this funding mechanism has no possible
significant physical impact on the environment. CEQA Guidelines Section 15061 (b)(3)and Section
15378(a)and(b). Future acquisition would be contingent on several factors including required CEQA
review.
Prepared by:
Michael C. Williams, Real Property Manager
Contact person:
Same as above
RESOLUTION NO. 06-
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT APPROVING THE GRANT AGREEMENT
FOR GRANT FUNDS FROM THE CALIFORNIA
STATE COASTAL CONSERVANCY FOR PURCHASE
OF THE PENINSULA OPEN SPACE TRUST STEVENS
CANYON RANCH PROPERTY
WHEREAS,the Legislature has established the California State Coastal Conservancy under
Division 21 of the California Public Resources Code,and has authorized the Conservancy to award grants
to public agencies and nonprofit organizations to implement these provisions; and
WHEREAS,grants are awarded under eligibility guidelines adopted by the Conservancy; and
WHEREAS, procedures established by the Conservancy require the applicant to certify through a
resolution execution of the Grant Agreement and approval of its terms and conditions prior to submission
of a request to the Conservancy for disbursement of grant funds;
NOW, THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional
Open Space District hereby:
1. Agrees to the terms and conditions of the attached Grant Agreement; and
2. Has or will have sufficient funds to operate and maintain the funded project; and
3. To the extent permitted by law, agrees to provide any funds needed beyond the grant requested to
complete the project funded under this program through the allocation of uncommitted funds; and
4. Authorizes the General Manager as agent and representative of the Midpeninsula Regional Open
Space District to execute the Grant Agreement and all documents necessary to comply with the
Conservancy's grant requirements: L. Craig Britton,General Manager.
•
OAF
, , l 1
jTANDARD AGREEMENT-WAn CONTRACT ORNEYGENERAL Au.►+O.
NUMBER I
M.x fcvsal) 0 6-00 5.
TAXPAYERS FEDERAL ENPLDYEA IDE1fWIGtTION MUI
THIS AGRFEtvtENT,made and entered into this day of 2006 9 4-2 2 318 7 3
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TTIU OF OFFICER ACTWG FOR STATE AGENCY
Executive Officer State Coastal Conservancy
CONTRACTORS NAME
hcrcaher called the State, an,
Midpeninsula Regional Open Space District ,hercafter called the Contract
WITNESSETH: That the Contractor for and in coasidcration of the covenants,Conditions,agreerr►rnts,and stipulations of the State hcre'utaftsr atpress
does hereby agrse to punish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amowd to be paid Contraci
time for performance or completion,and anach plans and speciftcaticwU,if any.)
SCOPE OF AGREEMENT
Pursuant to Chapter 4.5 of Division 21 of the California Public Resources Code, the State
Coastal Conservancy("the Conservancy")hereby grants to the Midpeninsula Regional
Open Space District ("the grantee") a sum not to exceed $500,000 (five hundred thousand
dollars), subject to the terms and conditions of this agreement. The grantee shall use
these funds to acquire real property("the real property") known as Stevens Canyon
Ranch located in the County of Santa Clara, State of California (County Assessor's
Parcel Nos. 503-04-001, 503-05-016 and -039, and 503-06-024), consisting of
approximately 238 acres, and depicted in Exhibit A, which is incorporated by reference
and attached. The property is being acquired primarily for the purposes of habitat
preservation, public access and open space preservation.
I�
(Continued on following pages)
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions an the reverse side hereof constitute a part of this agrumcnt.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACT (u oa.«N.n�n:*tiv�a+af siw.nwnw•myw.r:wti pa ewahq.+eJ
State' Coastal Conservancy Midp u1a Regio 1 Open space District
By CNJrHOFI�D SIC9NATLf E) B`!
D
PANTED MANE OF PERSON SK�1NG PRWED NAME AM of PERSON SK,NNG
Samuel Schuchat Craig Britton, General Manager
WRIE Aomms3 i s t e i r e e
Executive Officer Los Altos, CA 94022
"0tJPR1E+CU&M8t3eD--"T"IS PROGIRAMOCATEGORY(CODE AND TM E) FUND T�
California1eola�a Depaf t+ner+t-o.#farlerDl Serviced
Capital Outlay
$500,000.00 Clean Water. . .
IDPTX>M I3saQ►�!y
CENcxaMBEraEowR Stevens Canyon Ranch Acquisition
-Q- ffEM CHAPTER =STATUTEFkSCALYEAR
3760--M-6029(1) 208 05 Certify that this aranlaareementl
OTAl AMOUNT ENCUMBERED TO I
IA7E T OF EXPENDITURE(CODE AND TME)
$500,000.00 IS7Francisco Bay Area ==M11is exempt trom
l department of General Services approv
fleY c-W upon MY own persorla1*AowAeooe that budgeted funds I T.BA NO. BA NO.
are available k r the period and purpose of the expenditure stated above.
rdt4ib�iErcaF." -
W
a
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 2
CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT
The grantee shall not acquire the real property and the Conservancy shall not be obligated
to disburse any funds under this agreement unless and until the following conditions
precedent have been met:
1. The Board of Directors of the grantee has adopted a resolution authorizing the
execution of this agreement and approving its terms and conditions.
2. The Executive Officer of the Conservancy("the Executive Officer") has reviewed
and approved in writing:
a. All title and acquisition documents pertaining to acquisition of the real property,
including, without limitation, current appraisals (the specifications for which are
incorporated and attached as Exhibit B ), preliminary title reports, agreements for
purchase and sale, escrow instructions, environmental documentation or hazardous
materials assessment and instruments of conveyance.
b. A plan for the installation of signs on the real property as provided in the"SIGNS"
section, below.
3. A signed and acknowledged Irrevocable Offer to Dedicate Title in Fee, approved by
the Executive Officer, that serves to permanently dedicate the property for the
purpose of habitat preservation, public recreational access, and open space and
agricultural protection. This instrument shall be recorded concurrently with the
instrument conveying title to the real property to the grantee.
4. The purchase price of any interest in land purchased under this agreement may not
exceed fair market value as established by the approved appraisal.
S. The grantee has provided evidence of its intent to engage in a planning process to
prepare the property for public access.
COSTS AND DISBURSEMENTS
When the Conservancy determines that all"CONDITIONS PRECEDENT TO
ACQUISITION AND DISBURSEMENT"have been fully met, the Conservancy shall
disburse a total amount not to exceed the amount of this grant, as follows:
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 3
COSTS AND DISBURSEMENTS (Continued)
The purchase price, plus closing costs consisting of escrow, recording and title
insurance fees to the extent not included in the purchase price, shall be disbursed
directly into an escrow account established for the acquisition.
The grantee shall request disbursement for the acquisition by sending a letter to the
Conservancy. The grantee shall include in the letter the name and address of the grantee,
the number of this agreement, the date, the amount to be disbursed, and a description of
the items for which disbursement is requested. Additionally, the letter shall include the
name, address and telephone number of the title company or escrow holder and the
escrow account number to which the funds will be disbursed. The letter shall be signed
by an authorized representative of the grantee. Failure to send the required letter will
relieve the Conservancy of its obligation to disburse funds.
TERM OF AGREEMENT
This agreement shall be deemed executed and effective when signed by both parties and
received in the offices of the Conservancy together with the resolution described in
"CONDITIONS PRECEDENT TO ACQUISITION AND DISBURSEMENT"section of
this agreement. An authorized representative of the grantee shall sign the first page of the
originals of this agreement in ink.
The term of this agreement shall run from its effective date through June 2, 2027 ("the
termination date").
COMPLETION DATE
The grantee shall complete acquisition of the real property no later than March 2,2007
("the completion date").
Prior to the completion date, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
If the Conservancy terminates prior to the completion date, the grantee shall take all
reasonable measures to prevent further costs to the Conservancy. The Conservancy shall
be responsible for any reasonable and non-cancelable obligations incurred by the grantee
in the performance of this agreement prior to the date of the notice to terminate,but only
up to the unpaid balance of funding authorized in this agreement.
i
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 4
j AUTHORIZATION
The signature of the Executive Officer on the first page of this agreement certifies that at
its March 2, 2006 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit C. This agreement is executed under that
authorization.
ESSENTIAL PROVISIONS OF OFFER TO DEDICATE
The Grantee agrees to sign and deposit into escrow an Irrevocable Offer to Dedicate Title
in Fee by which the Grantee permanently dedicates the property for public or
conservation purposes subject to the following essential provisions:
1. The Property was acquired using funds provided by the California State Coastal
Conservancy("Conservancy") under Division 21 of the California Public Resources
Code for grants to public entities for the acquisition of real property; pursuant to this
grant agreement the Grantee shall permanently dedicate the property for habitat
preservation, public recreational access, and open space and agricultural protection
pursuant to this Agreement. The property shall be used for these purposes and no
industrial, mining, or non-agricultural commercial activities and no residential
building development are permitted on the real property. The grantee shall provide
any funds beyond those granted under this agreement which are needed to complete
the acquisition of the real property.
2. The Grantee shall use, manage, operate and maintain the real property consistent with
this grant agreement.
3. Without the written permission of the State of California acting through the Executive
Officer of the Conservancy, the Grantee shall not use or allow the use of any portion
of the Real Property for mitigation to compensate for adverse changes to the
environment elsewhere. If the Grantee fails to obtain such written permission for use
of the Real Property for mitigation,the Executive Officer may require that all funds
generated in connection with such mitigation on the Real Property be remitted
promptly to the Conservancy until the Conservancy has been fully paid for all of its
past,present and future costs with respects to the Real Property, including without
limitation, staff, planning, development, restoration, operation and maintenance, and
monitoring costs, at fair market value as of the time the mitigation is to begin.
4. The Grantee shall not use the real property as security for any debt without the
written approval of the Executive Officer of the Conservancy.
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 5
ESSENTIAL PROVISIONS OF OFFER TO DEDICATE (Continued)
5. Transfer of the real property is subject to the prior written approval of the Executive
Officer of the Conservancy. The transferee shall be subject to all provisions of this
offer, including, without limitation, the use restrictions. If the Conservancy deems
necessary,prior to the Conservancy's approval of any transfer of the real property,
the transferee and the Conservancy shall enter into a new agreement sufficient to
protect the interest of the people of California.
6. If the real property is under threat of condemnation or has been condemned, the
Grantee shall promptly notify the Conservancy in writing, and shall use its best
efforts to obtain the maximum compensation possible if the presumption created by
Public Resources Code Section 5542.5(a) is rebutted. Upon receiving condemnation
proceeds, the Grantee shall promptly pay to the Conservancy a percentage of the
condemnation proceeds equivalent to the percentage of the total purchase price
originally contributed by the Conservancy.
7. On reasonable prior notice to the grantee, the Conservancy shall have the right to
inspect the real property to ascertain compliance with the grant agreement and offer
to dedicate.
8. The offer to dedicate shall run with and burden the real property. All obligations,
terms, conditions, and restrictions imposed by this offer shall be deemed covenants
and restrictions running with the land, shall be effective limitations on the use of the
real property from the date of recordation of this document, and shall bind the
Grantee and all its successors and assigns. This offer shall benefit the State of
California.
9. The provisions of the offer to dedicate shall bind and inure to the benefit of the
successors and assigns of both the Grantee and the Conservancy,whether voluntary
or involuntary.
10. If any of the essential provisions stated above are violated, all of the Grantee's right,
title and interest in the real property shall vest in the State of California for the benefit
of the Conservancy or its successor, upon acceptance of the real property and
approval of the State Public Works Board; provided, however, that the State,through
the Executive Officer of the Conservancy, or its successor, may designate another
public agency or a nonprofit organization to accept the right, title and interest, in
which case vesting shall be in that agency or organization rather than in the State.
11. The Conservancy shall first give the Grantee written notice of any violation stating
the specific nature thereof, in order for Grantee to correct any such violation to
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 6
ESSENTIAL PROVISIONS OF OFFER TO DEDICATE (Continued)
the Conservancy's satisfaction. If the Grantee has not corrected such violation within
a reasonable time period, the Conservancy may exercise its right to ownership of the
Property.
SIGNS
The grantee shall install and maintain a sign (or signs)visible from the nearest public
roadway identifying the real property, acknowledging Conservancy and displaying the
Conservancy's logo assistance and directing the pubic to the real property. The
Conservancy shallpr
ovide to the grantee specifications for the sigr(s). The grantee may
incorporate the required information into other signs as approved by the Executive
Officer. In special circumstances, where the placement of signs or the general
specifications are inappropriate, the Executive Officer may approve alternative, more
appropriate methods for acknowledging the source(s)of funding. The grantee shall
g g
submit plans describing the number, design, placement and wording of the signs, or the
specifications of a proposed, alternative method.
USE, MANAGEMENT, OPERATION AND MAINTENANCE
The grantee shall use,monitor, manage, operate and maintain the real property in a
manner consistent with the purpose of the acquisition. The grantee further assumes all
monitoring, management, operation and maintenance costs associated with the real
property, including the costs of ordinary repairs and replacements of a recurring nature,
and costs of enforcement of regulations. The Conservancy shall not be liable for any cost
of monitoring, management, operation or maintenance. The grantee shall refrain from
developing or otherwise using any other property it owns or controls in the vicinity of the
real property in a manner that interferes with or inconveniences the use, management,
operation or maintenance of the real property or detracts from the purposes of the
acquisition. The grantee may be excused from its obligations for management, operation
and maintenance only upon the written approval of the Executive Officer of the
Conservancy or its successor.
LIABILITY
The grantee shall be responsible for, indemnify and save harmless the Conservancy, its
officers, agents and employees from any and all liabilities, claims, demands, damages or
costs, including, without limitation litigation costs and attorneys fees resulting from,
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 7
LIABILITY (Continued)
growing out of, or in any way connected with or incident to this agreement, except for
active negligence of the Conservancy, its officers, agents or employees. The duty of the
grantee to indemnify and save harmless includes the duty to defend as set forth in Civil
Code Section 2778. This agreement supersedes the grantee's right as a public entity to
indemnity(see Gov. Code Section 895.2) and contribution(see Gov. Code Section 895.6)
as set forth in Gov. Code Section 895.4.
The grantee waives any and all rights to any type of express or implied indemnity or right
of contribution from the State, its officers, agents or employees, for any liability resulting
from, growing out of, or in any way connected with or incident to this agreement.
AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively,
"records")relating to this agreement, in accordance with the guidelines of "Generally
Accepted Accounting Principles"("GAAP")published by the American Institute of
Certified Public Accountants. The records shall include, without limitation, evidence
sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds
related to the acquisition,use,management, operation and maintenance of the real
property The grantee shall maintain adequate supporting records in a manner that permits
tracing of transactions from the request for disbursement forms to the accounting records
and to the supporting documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records
relating to performance of the agreement. The grantee shall provide the Conservancy or
its agents with any relevant information requested and shall permit the Conservancy or its
agents access to the grantee's premises upon reasonable notice, during normal business
hours, to interview employees and inspect and copy books,records, accounts, and other
material that may be relevant to a matter under investigation for the purpose of
determining compliance with this agreement and any applicable laws and regulations.
The grantee shall retain the records related to the acquisition for three years following the
date of final disbursement for the acquisition by the Conservancy. All other records shall
be retained by the grantee for three years following the later of final payment and the
final year to which the records pertain. The records shall be subject to examination and
audit by the Conservancy and the Bureau of State Audits during the retention periods.
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 8
AUDITS/ACCOUNTING/RECORDS (Continued)
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to
meet the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it
determines to be not in compliance with the requirements of this agreement.
NONDISCRIMINATION CLAUSE
During the performance of this agreement,the grantee and its contractors shall not
unlawfully discriminate against,harass, or allow harassment against any employee or
applicant for employment because of sex,race, religion, color, national origin, ancestry,
disability, medical condition, marital status, age (over 40), or denial of family-care leave,
medical-care leave, or pregnancy-disability leave. The grantee and its contractors shall
ensure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination and harassment. The grantee and its
contractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code Section 12900 et seq.) and the applicable regulations (California
Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair
Employment and Housing Commission regarding Contractor Nondiscrimination and
Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are
incorporated into this agreement. The grantee and its contractors shall give written notice
of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. This nondiscrimination clause shall be
included in all contracts and subcontracts entered into-to perform work provided for
under this agreement.
i
I
INDEPENDENT CAPACITY
The grantee, and the agents and employees of the grantee, in the performance of this
agreement, shall act in an independent capacity and not as officers or employees or
agents of the State of California.
ASSIGNMENT
Without the written consent of the Executive Officer, the grantee may not assign this
agreement in whole or in part.
I
I
1
Midpeninsula Regional Open Space District
Grant Agreement No. 06-006
Page 9
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE j
i
The Executive Officer shall designate a Conservancy project manager who.shall have
authority to act on behalf of the Executive Officer with respect to this agreement. The
Executive Officer shall notify the grantee of the designation in writing.
AMENDMENT
No change in this agreement shall be valid unless made in writing and signed by the
parties to the agreement. No oral understanding or agreement not incorporated in this
agreement shall be binding on any of the parties.
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
Stevens Canyon Ranch Property Map
1
Sarato a.`G -
- Op-en Spa'cep 1 f I S evens -Creek C�.u� I
- ery
/
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\ \ \ ®_ :Parking real, �� �'
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aratoga—Gap �.
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0 250 500 1,000
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11
Coastal
Conservancy ENVIRONMENTAL APPRAISAL SPECIFICATIONS
All appraisal reports must contain the following:
I
1. Title page(sufficient to identify the project).
2. Letter of transmittal (brief summary of important conclusions: market value, date of
valuation, etc.).
3. Table of contents.
4. Photographs,plat, legal description of property, and name of owner.
5. Map showing all sales in relation to the subject property.
6. Sales sheets that disclose information such as grantor/grantee,zoning, access,brief
description of improvements, sale and recording dates,party with whom the sale was
confirmed, information(such as street address,post mile, distance from local landmarks
such as bridges,road intersections, structures,etc.)to locate sales, and sale terms.
7. Photographs and plats of sale properties.
8. Analysis of the area surrounding the subject property.
9. Analysis of the site, including all standard items such as zoning,taxes,utilities,topographic
features, etc.
10. Highest and best use. (If controversial,discuss fully.)
11. Description of improvements.
12. Discussion of sales, with direct comparisons to the subject property.
13. Three approaches to market value. If an of the three approaches is inapplicable, explain
PP ( Y PP
why.)
14. Discussion of severance damage, or lack of it,where a partial taking is involved.
15. Effect of title exceptions on market value. A PRELIMINARY TITLE REPORT MUST BE
INCLUDED IN THE APPRAISAL REPORT.
1330 Broadway, 10 Floor
Oakland,California 94612-2530
510.286-1015 Fax: 510.286.0470
C a l i f o r n i a S t a t e C o a s t a l C o n s e r v a n c y
UHWE
Coastal Conservancy—A isal Specifications Page 2
16. Correlation and final estimate of market value. (Summarize reasons supporting
conclusions.)
In addition to the above:
17. The appraiser shall investigate whether an implied dedication has occurred. (See, for
example, Gion v. City of Santa Cruz(1970), 2 Cal.3d 29.)The appraisal report shall state
the appraiser's conclusions as to the existence of any implied dedications. The report shall
detail the factual basis for the conclusion and the appraiser's opinion as to the effect of any
implied dedication on market value.
18. The property owner or a designated representative shall be offered the opportunity to
accompany the appraiser during the appraiser's inspection of the property. The appraiser
shall include a statement in the appraisal that on a certain date the owner or the designated
representative was given the opportunity to accompany the appraiser and either accepted or
declined. If accepted, the appraiser shall indicate the date on which the property was
inspected with the owner or the representative.
19. If the appraiser's investigation or the preliminary title report reveals any information related
to the public trust,the appraiser shall contact the State Lands Commission to determine the
effect on the value of the property. The appraiser shall include in the appraisal report all
pertinent facts and the appraiser's conclusion as to the effect, if any,on market value.
20. In the course of the appraiser's investigation of the property and review of related
documents the appraiser shall look for evidence of hazardous substances. The appraiser
shall include in the appraisal report all facts and suspicions related to hazardous substances
on the property. If the appraiser knows or can calculate the effect of such hazardous
substances on value,the appraiser shall discuss these facts and the appraiser's conclusions
in the appraisal report.
21. In the course of the appraiser's investigation of the property and review of related
documents,the appraiser shall review the Local Coastal Program(or Plan),the Land-Use
Plan, and other documents as appropriate to determine whether they delineate the
approximate location or size of any sensitive areas on the property including,but not limited
to, riparian areas,wetlands,habitat for species recognized under federal or State endangered
species acts,or Environmentally Sensitive Habitat Areas. The appraiser shall note any
identified or obvious wetlands(whether or not referred to in any document as listed on the
National Wetlands Inventory of the U.S. Fish and Wildlife Service). Additionally, the
appraiser shall note references to existing conservation easements and areas subject to
agricultural protection, whether or not under the Williamson Act. The appraiser shall
include in the appraisal report all facts and suspicions related to the existence of such areas
on the property. If the appraiser knows or can calculate the effect of the existence of such
areas or designations on value, the appraiser shall discuss these facts and the appraiser's
conclusions in the appraisal report.
Please direct any questions regarding these appraisal specifications to Dick Wayman, Real Estate
Manager, at(510)286-4182.
6/13/00
C a I i f o r n i a S t a t e C o a s t a I C o n s e r v a n c y
t
r Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-77
Meeting 06-17
July 12, 2006
AGENDA ITEM 7
AGENDA ITEM
Payment of the General Liability and Workers Compensation Insurance Amounts to California
Joint Powers Insurance Authority(JPIA) for the 2006-2007'Policy Ye r
GE
NERAL MANAGERS RECOMMENDATIONS
1. Authorize payment in the amount of$294,658 for the JPIA General Liability and
Workers Compensation Insurance deposits for the policy year 2006-2007.
2. Appropriate and Authorize $65,967 from the New Land Purchases account for payment
of the above identified insurance deposits.
DISCUSSION
In March 2002, the Board of Directors approved the District's participation in the California
JPIA for General Liability Insurance, a self-funded self-insurance, risk pooling, and commercial
insurance program(R-02-52). In May 2002, the Board of Directors approved participation in the
California JPIA Workers Compensation Program (R-02-78). Each year,the JPIA reviews the
incurred losses of the collective pool of participating agencies and calculates a retrospective
deposit computation to determine the annual payment amount for each agency. Appropriate
annual adjustments are then made to each member's annual payment based on the retrospective
deposit amount. The JPIA review and notification process is completed after the District's
annual budget is approved. Therefore, each year in which a retrospective deposit is required,
staff must secure Board approval for the additional funding required.
For this year, the primary deposit amounts for both General Liability and Workers Compensation
are slightly higher than in prior years. The primary deposit amounts for both programs reflects
the average losses of all the members of the California JPIA, averaged over 5 years as a percent
of that member's payroll.
The District incurred higher than average losses during the policy years from 2003 through 2005
for Workers Compensation. These cumulative losses have exceeded our primary deposit
payments each of these years and as a result, the District has a retrospective deposit payment in
addition to our annual premium payment that exceeds the budgeted amount for these programs in
FY 2006-2007. The retrospective deposit will be spread over a period of four years.
R-06-77 Page 2
For General Liability, the District incurred losses that exceeded our primary deposit payment
during the 2004-2005 policy period and resulted in a retrospective deposit payment. This years
General Liability retrospective payment represents the second of four payments on those losses.
As you may recall, staff worked with our former insurance provider representative, Skip
McIntrye, to evaluate whether our Workers Compensation insurance premium was the most
competitive under the California JPIA program (R-06-34). The analysis proved that the
California JPIA still provides the most cost-effective rates based on our claim history and risk
exposure.
The District payments for the 2006-2007 General Liability Insurance and Workers
Compensation(Comp)programs break down as follows:
Program Retrospective Total Payment FY 06-07 Budget vs.
Deposit Due July 1"' Bud et Payment
General Liability $19,008 $105,408 $92,470 ($12,938)
Workers Comp $75,830 $189,250 $136,220 _(W�03O
TOTAL $94,838 $294,658 $228,690 ($65,968)
As noted in the table above, the current 2006-2007 JPIA payment is $65,968 above what we
have budgeted for this fiscal year. As such, we request your approval to use funds from the New
Land Purchases account to cover the excess amount needed for payment. At mid-year, staff will
recommend a budget adjustment to formally transfer the funds.
Prepared by:
Michelle Jesperson, Management Analyst
Contact Person:
Sally Rice, Assistant General Manager
i
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-83
Meeting 06-17
July 12, 2006
AGENDA ITEM 8
AGENDA ITEM
Adopt the Preliminary Use and Management Plan Recommendations for the Grinsfelder, et al.
Property as an Addition to Purisima Creek Redwoods Ope Space Preserve (San Mateo County
Assessor's Parcel Number 067-118-080)
GENERAL MANAGER'S RECOMMENDATION
1. Confirm that the recommended actions are categorically exempt from the California
Environmental Quality Act(CEQA) as set out in the attached Memorandum.
2. Adopt the Preliminary Use and Management Plan recommendations as set forth in the
attached Closing Memorandum and name the property as an addition to Purisima Creek
RedwoodsSpace Preserve.
Open p p
intention to dedicate the roe as public open ace.
3. Indicate your property rty p p p
DISCUSSION
The District accepted a gift of a Redwood Park subdivision lot under the General Manager's
authority to approve and accept a gift interest in real property in accordance with the District's
Rules of Procedure, Section 2.60 B.2 as amended October 8, 2003 (see attached Closing
Memorandum dated June 28, 2006). The General Manager signed Certificates of Acceptance for
0
two partial-interest Gift Deeds, which together comprise a 100/o interest in the approximately
0.06-acre lot. The General Manager has determined that this lot is an appropriate addition to
Purisima Creek Redwoods Open Space Preserve. Therefore, it is recommended that you confirm
the CEQA determination made by staff and adopt the Preliminary Use and Management Plan as
set forth in the attached memoranda.
Prepared by:
Michael Reeves, Land Protection Specialist
Contact person:
Same as above
Attachments: Preliminary Use Management Plan and CEQA Compliance Memorandum
Closing Memorandum
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
To: C. Britton, General Manager
From: Del Woods, Sr. Real Property Planner
Date: June 20,2006
Subject: Preliminary Use& Management Plan Recommendations and CEQA Compliance
Grinsfelder Property Addition to Purisima Creek Redwoods Open Space Preserve
(Lot 29 of the Redwood Park Subdivision, San Mateo County APN 067-118-080)
Preliminary Use and ManaEement Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the
plan is amended or a Comprehensive Use and Management Plan is adopted. The property will be maintained in a
natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future,the
plan would be subject to further environmental review and public input.
Public Access: Closed to public access at this time.
Signs: Install Preserve boundary signs where appropriate.
Name: Name the property as an addition to Purisima Creek Redwoods Open Space Preserve.
Dedication: Indicate your intention to dedicate the property as public open space.
Public Safety Review: Preliminary site safety inspection has been conducted and there are no known safety
hazards on the site.
CEQA Compliance
Project Description
The project consists of the acquisition of undeveloped land as an addition to the Purisima Creek Redwoods Open
Space Preserve, and the adoption of a Preliminary Use and Management Plan for the land. The land to be acquired
w
consists of a si
ngle le 2,500 square foot lot within the Redwood Park"paper" subdivision located in an
unincorporated area of San Mateo County. The primary access is off Skyline Boulevard to the west. The property
adjoins or is surrounded by existing District land. Ultimately,the property will be included in a Comprehensive
Use and Management Plan for the Purisima Creek Redwoods Open Space Preserve. The property will be
permanently preserved as open space and maintained in a natural condition.
CAA Determination
It has been concluded that this project will not have a significant effect on the environment. It is categorically
exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15316, 15317, 15325, and
15061 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the
management plan proposes to keep the area in a natural condition. The preliminary use and management plan
specifies that the land will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area.
The District will acquire fee interest and maintain the open space character of the area.No new development is
proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.This acquisition
will transfer fee ownership to the District and ensure it will be preserved as public open space by incorporating it
into the Purisima Creek Redwoods Open Space Preserve.
This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management
Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the
environment.
CEQA Determination Completed By: Date: 6 440 zCCd=,
Del Woods,
Senior Real Property Planner
2
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
To: C. Britton, General Manager
From: Michael Reeves,Land Protection Specialist
Date: June 28,2006
Subject: CLOSING MEMORANDUM
Acquisition of Grinsfelder Property—One Redwood Park Subdivision Lot
Purisima Creek Redwoods Open Space Preserve
One Redwood Park lot was offered to the District as a gift by the Grinsfelder family. This gift of land was accepted by
the District General Manager in accordance with the District's Rules of Procedure, Section 2.60(2)as amended on
October 8,2003 (see Report R-03-103),to wit:
The General Manager is hereby authorized to approve the acquisition of an interest in or easement upon real
property, or an option to acquire such an interest or easement, on behalf of the Midpeninsula Regional Open
Space District provided the following conditions are met:
1. The General Manager determines that the acquisition of such interest in or easement upon real property is
necessary or appropriate in order for the District to effectively acquire, plan,maintain and operate its
system of open space preserves,and that such acquisition is consistent with all applicable District
regulations and policies concerning acquisition of real property; and
2. The purchase price, option price, or, in the case of a gift,the fair market value of the gift,does not exceed
the General Manager's authority to expend District funds as provided in Section 5549(b)(2)of the Public
Resources Code and as authorized by the Board of the Directors;and
3. Prior to the General Manager's approval of an acquisition,the District undertakes all acts required by law
prior to acquiring real property, including compliance with the California Environmental Quality Act; and
4. After acquisition,the General Manager shall notify the Board of Directors, in writing,of the acquisition
or option and place upon the Board of Director's agenda at its regular meeting a Preliminary Use and
Management Plan for the real property so acquired. Pursuant to the District's Public Notification Pol;cy,
the General Manager may determine that such Plan be presented to the Board for final adoption, in the
event no public comments concerning the proposed plan have been received prior to Board action."
The General Manager signed Certificates of Acceptance for two partial interest Gift Deeds that together comprise a
100% interest in the single lot on June 20, 2006 based upon the determination that acceptance of this gift is in
accordance with the above stated policy. The two Gift Deeds were recorded on June 23, 2006, and title to and
possession of this property has passed to the District.
The following chart on page 2 presents dedication and acquisition details for this property:
Page 1
DEDICATION& ACQUISITION INFORMATION
Preserve County Ownership Status: General Manager
& & Grantors Acres (Fee,Easement,Lease,
Approval Date
Area A.P.N. Mgmt Agreement)
Purisirna Creek San Mateo Doris Grinsfelder&
0.06 Fee June 20,2006
Redwoods 067-118-080 Henry Supka
Mgmt Status: Dedication Date&
Closing Date (Open,Closed,CMIJ,or Status Type Purchase Price GIS Code
Other) (Intended or Withheld)
June 23,2006 Closed Intended Gill $500(Gift)
Misc.Notes:
cc: Board of Directors
Administration
Operations
Accounting
Planning
Public Affairs
Page 2
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Claims No. 06-13
Meeting 06-17
Date 7/12/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5143 $750.00 Aaron's Septic Tank Service Pumping Services-Monte Bello&Russian Ridge
5144 $169.01 ADT Security Services Alarm Service-SFO
5145 $38.26 Allen's Press Clipping Bureau Clipping Service
5146 $126.23 Allied Waste Services Garbage Service
5147 $252.08 AT&T Telephone Service-SFO,Alarm Service-FFO, Fax
Service-FFO
5148 $102.79 Bay Area Air Quality Mgmt.District Annual Permit Renewal-SFO Fuel Tank
5149 $150.00 Board Of Equalization Sales&Use Tax-Book Sales 7/1/05-6/30/06
5150 $60.00 Britton,L.Craig Reimbursement-Cell Phone
5151 $752.46 Bruce Barton Pump Service, Inc. Replace Pressure Pump-Ranger Residence
5152 $294,658.00 ## California JPIA 2006/2007 Workers'Compensation&General Liability
Primary Deposits/2003-2006 Workers'Compensation&
General Liability Retro Deposits
5153 $25.83 California Water Service Company Water Service-Windy Hill
5154 $301.26 Cascade Fire Equipment Company Field Supplies
5155 $138.03 Clean Source Janitorial Supplies-AO
5156 $119.00 Coastal Sierra,Inc. Internet Service-SFO
5157 $1,831.75 Coastal Tractor Tractor Rental-Discing&Mowing SFO,
5158 $787.57 Costco, Office&Field Supplies
5159 $116,313.93 CRW Industries,Inc. Seismic Upgrade&Access Improvements-Picchetti
Winery
5160 $85.00 Del Rey Building Maintenance Replace Lights-AO
5161 $3,300.00 Diane West-Bourke Docent Training
5162 $68.66 Foster Brothers Lock&Key Services
5163 $62.76 G&K Services Shop Towel Service
5164 $790.79 Gardenland Power Equipment Field Supplies
5165 $449.23 Goodco Press Inc. Printing Services-Business Cards&Easy Access Labels
5166 $575.92 Great Printing&Copies Printing Services-Maps
5167 $187.77 Green Waste Recovery,Inc. Garbage/Recycling Service-SFO
5168 $925.05 Guy Plumbing&Heating, Inc. Water Heater-Incerpi Residence
5169 $900.00 International Training Resources Defensive Tactics Training
5170 $373.46 Interstate Traffic Control Products U-Channel Sign Posts
5171 $603.08 J. L. Darling Corporation 100 Signs
5172 $2,854.46 Jakaby Engineering Permits&Fees-Overlook Drive
5173 $18160 Jobs Available,Inc. Recruitment Ad-Senior Administrative Assistant
5174 $513.25 Los Altos Garbage Company Recycling Service-FFO
5175 $1,210.14 Madco Field Supplies-Gas Cylinder&Welding Materials
5176 $431.45 Mary Davey Reimbursement-SPD Forum Expenses
5177 $4,784.65 Metro Mobile Communications 4 Mobile Radios
5178 $512.46 Moffett Supply Company Sanitation Supplies
5179 $43.29 Neal, Holden Reimbursement-Uniform Expense
5180 $374.97 Nonette Hanko Reimbursement-SPD Forum Expenses
5181 $1,552.50 Normal Data Database Consulting
5182 $50.55 Orchard Supply Hardware Field Equipment&Supplies
5183 $478.47 Patsons Media Group Printing Services-Brochures For SPD Forum
5184 $953.36 Redwood General Tire Co.,Inc. Tires
5185 $803,10 Rich Voss Trucking, Inc. Rock Delivery-Skyline Ridge Lot
5186 $76.60 Roessler,Cindy Reimbursement-Mileage&Cell Phone
5187 $123.83 Royal Brass Inc. Field Supplies
5188 $406.53 San Jose Water Company Water Service-RSA
Page 1 of 2
Claims No. 06-13
Meeting 06-17
Date 7/12/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5189 $214.00 San Mateo County Environmental Petroleum Release Groundwater Protection Program
Health Oversight-Pulgas Ridge
5190 $598.53 Stevens Creek Quarry, Inc. Rock-Skyline Ridge Lot
5191 $14.07 Summit Uniforms Uniform Expense
5192 $831.68 Tadco Supply Janitorial Supplies
5193 $455.20 Target Specialty Products Landscaping Supplies
5194 $340.99 United Rentals Highway Technologies 8 Signs
5195 $38.50 Verizon Wireless Messaging Services Pager Service
5196 R $1,308.66 AT&T Telephone,Fax&Voicemail Service-AD
5197 R $1,839.96 Balance Hydrologics In-Stream Sediment Monitoring-ECDM
5198 R $143.00 Cousins,Stella Reimbursement-Society For Conservation GIs Annual
Meeting
5199 R $3,934.03 Donald Hays Trail Contractor,Inc. Construction Of Ridgetop Trail At Pulgas Ridge
5200 R $992.41 Home Depot, Inc. Field Supplies&Equipment
5201 R $118.00 LexisNexis Legal Book
5202 R $34.64 Peninsula Digital Imaging Scanning Services
5203 R $197.75 Petty Cash Parking&Mileage,Local/Out Of Town Business
Meetings,Field Supplies,Uniform Expense,Docent
Supplies&Office Supplies
5204 R $10.06 Rancho Ace Hardware&Garden Shop Field Supply
5205 R $926.62 Target Specialty Products Landscaping Supplies
5206 R $101.60 Xpedite System,Inc. Fax Broadcast System Services
Total $462,350.83
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 2 of 2
Claims No. 06-13
Meeting 06-17
Date 7/12/06
Midpeninsula Regional Open Space District
# Amount Name Description
5143 $750.00 Aaron's Septic Tank Service Pumping Services-Monte Bello&Russian Ridge
5144 $169,01 ADT Security Services Alarm Service-SFO
5145 $38.26 Allen's Press Clipping Bureau Clipping Service
5146 $126.23 Allied Waste Services Garbage Service
5147 $252.08 AT&T Telephone Service-SFO,Alarm Service-FFO,Fax
Service-FFO
5148 $102.79 Bay Area Air Quality Mgmt.District Annual Permit Renewal-SFO Fuel Tank
5149 $150.00 Board Of Equalization Sales&Use Tax-Book Sales 7/1/05-6/30/06
5150 $60.00 Britton, L.Craig Reimbursement-Cell Phone
5151 $752.46 Bruce Barton Pump Service,Inc. Replace Pressure Pump-Ranger Residence
5152 $294,658.00 ## California JPIA 2006/2007 Workers'Compensation&General Liability
Primary Deposits/2003-2006 Workers'Compensation&
General Liability Retro Deposits
5153 $25.83 California Water Service Company Water Service-Windy Hill
5154 $301.26 Cascade Fire Equipment Company Field Supplies
5155 $138,03 Clean Source Janitorial Supplies-AD
5156 $119.00 Coastal Sierra, Inc. Internet Service-SFO
5157 $1,831.75 Coastal Tractor Tractor Rental-Discing&Mowing SFO
5158 $787.57 Costco, Office&Field Supplies
5159 $116,31193 CRW Industries, Inc. Seismic Upgrade&Access Improvements-Picchetti
Winery
5160 $85.00 Del Rey Building Maintenance Replace Lights-AD
5161 $3,300.00 Diane West-Bourke Docent Training
5162 $68.66 Foster Brothers Lock&Key Services
5163 $6216 G&K Services Shop Towel Service
5164 $790.79 Gardenland Power Equipment Field Supplies
5165 $449,23 Goodco,Press Inc. Printing Services-Business Cards&Easy Access Labels
5166 $575.92 Great Printing&Copies Printing Services-Maps
5167 $187.77 Green Waste Recovery, Inc. Garbage/Recycling Service-SFO
5168 $925.05 Guy Plumbing&Heating,Inc. Water Heater-Incerpi Residence
5169 $900.00 International Training Resources Defensive Tactics Training
5170 $373.46 Interstate Traffic Control Products U-Channel Sign Posts
5171 $603.08 J. L. Darling Corporation 100 Signs
5172 $2,854.46 Jakaby Engineering Permits&Fees-Overlook Drive
5173 $183.60 Jobs Available,Inc. Recruitment Ad-Senior Administrative Assistant
5174 $513.25 Los Altos Garbage Company Recycling Service-FFO
5175 $1,210.14 Madco Field Supplies-Gas Cylinder&Welding Materials
5176 $431 A5 Mary Davey Reimbursement-SPD Forum Expenses
5177 $4,784.65 Metro Mobile Communications 4 Mobile Radios
5178 $512.46 Moffett Supply Company Sanitation Supplies
5179 $43.29 Neal,Holden Reimbursement-Uniform Expense
5180 $374.97 Nonette Hanko Reimbursement-SPD Forum Expenses
5181 $1,552.50 Normal Data Database Consulting
5182 $50.55 Orchard Supply Hardware Field Equipment&Supplies
5183 $478.47 Patsons Media Group Printing Services-Brochures For SPD Forum
5184 $953.36 Redwood General Tire Co.,Inc. Tires
5185 $803.10 Rich Voss Trucking,Inc, Rock Delivery-Skyline Ridge Lot
5186 $76.60 Roessler,Cindy Reimbursement-Mileage&Cell Phone
5187 $123.83 Royal Brass Inc. Field Supplies
5188 $406.53 San Jose Water Company Water Service-RSA
Page 1 of 2
Claims No. 06-13
Meeting 06-17
Date 7/12/06
Midpeninsula Regional Open Space District
# Amount Name Description
5189 $214.00 San Mateo County Environmental Petroleum Release Groundwater Protection Program
Health Oversight-Pulgas Ridge
5190 $598.53 Stevens Creek Quarry, Inc. Rock-Skyline Ridge Lot
5191 $14.07 Summit Uniforms Uniform Expense
5192 $831.68 Tadco Supply Janitorial Supplies
5193 $455.20 Target Specialty Products Landscaping Supplies
5194 $340,99 United Rentals Highway Technologies 8 Signs
5195 $38.50 Verizon Wireless Messaging Services Pager Service
Total $442,744.10
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 2 of 2
Regional Open face
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manager,
DATE: July 12, 2006
RE: FYI's
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: District Clerk
July 10,2006 (650)691-1200
I
i
I
Election Nomination Period Opens for
Open Space District Board of Directors
LOS ALTOS, CA [July 10, 2006] - On November 7, 2006, voters in four wards of the
Midpeninsula Regional Open Space District will have the opportunity to choose their elected
representatives on the District's Board of Directors. The nomination period opens on July 17,
2006, and closes on August 11, 2006.
The November election will include wards 1, 2, 5, and 6. Ward 1 covers a portion of Cupertino,
Los Gatos, Monte Sereno, and Saratoga. Ward 2 represents a portion of Cupertino, Los Altos,
Los Altos Hills, a portion of Stanford, and Sunnyvale. Ward 5 includes East Palo Alto, a portion
of Menlo Park, Palo Alto, and a portion of Stanford. Ward 6 covers Atherton, La Honda, Loma
Mar, a portion of Menlo Park, Pescadero,Portola Valley, Redwood City, San Gregorio, and
Woodside.
Individuals interested in running for seats on the Board of Directors must file with the District
Clerk by 5:00 p.m., August 11, 2006. If an incumbent director does not file for re-election, then
the nomination period will be extended to 5:00 p.m., August 16, 2006. Candidates must be at
least 18 years of age by the election date and must be residents and registered voters in the ward
in which they seek nomination. Nomination forms and other necessary documents are available
at the District office. Interested individuals should contact the District Clerk for more
information. Candidates elected in November will serve four-year terms beginning in January
2007.
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has
successfully protected and managed more than 50,000 acres of open space. The public enjoys the
District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise,
California special district whose mission is to acquire and preserve a regional greenbelt of open space
land in perpetuity,protect and restore the natural environment, and provide opportunities for
ecologically sensitive public enjoyment and education. www.openspace.org
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Calendar Editor
FR: Kristi Altieri,Public Affairs Specialist,650-691-1200 ext. 526
(for media inquiries only)
RE: Free to the Public,July 22-30,2006 Outdoor Activities
For Immediate Release: July 6, 2006
Docents for the Midpeninsula Regional Open Space District have scheduled(7) seven fun and
exciting,free activities for the last two weeks of July 2006, all taking place on the District's
permanently preserved open space lands.Please help the District introduce these free
opportunities to your audience by listing the following outdoor activities. Please note that some
activities require reservations.For further information, to make a reservation, or to obtain
directions,please call 650-691-1200 or refer to the District's Web site at www.gpenmace.org.
Saturday;July 22,Monte Bello Sunday,July 23,Purisima Creek Redwoods
10:00 am—3:00 pm 9:00 am—4:00 pm
"Reptile Ramble" "Summer Loop"
Join docents Tom Schoderbek and Paul Billig for a visit Join docents Susan Peterson and Chris MacIntosh for a
with some of the scaly critters of Monte Bello Preserve. long,perhaps hot and sunny,or perhaps cool and foggy,
This moderate 4-to 5-mile hike has become a perennial loop from top to bottom of this west-facing slope
favorite over the years. While all the critters are preserve. You will travel approximately 10 miles along
protected and cannot be removed,hikers will have the the Purisima Creek, Soda Gulch,and Whittemore Gulch
chance to meet some of the local reptiles,amphibians, Trails where you'll see late wildflowers,enjoy
and other creatures up close and personal. butterflies and birds,and briefly enjoy redwood shade by
the creek. Bring lots of water and sun protection. Meet
Saturday& Sunday,July 22 & 23 at the Whittemore Gulch entrance.
Daniels Nature Center, 12:00 noon—5:00 pm
"Stop In and Explore" Sunday,July 23,Thornewood
Bring family and friends to visit this charming wooden 10:00 am— 1:00 pm
building on Saturdays and Sundays this summer between "The Charm of Thornewood"
12:00 noon and 5:00 pm. You can enjoy displays about Hike to Schilling Lake with docent Paul Vadopalas on a
natural communities,view larger-than-life pond strata moderately-paced,4-mile hike. You'll follow the creek-
mobiles,take a pond prowl, and perhaps have an created ravine on an undeveloped trail as far as it is
opportunity to study live aquatic organisms"borrowed" passable before turning around and ascending a hill
from Alpine Pond. These adventures and more await above Schilling Lake covered in redwoods.
you!
Saturday,July 29,Picchetti Ranch Sunday,July 30,Skyline Ridge
10:30 am—3:00 pm 11:00 am—2:30 pm
"Come to Your Senses" "Lions and Us"
Come to your senses with docent Bob Segalla on this Join docents Keith Johnsgird and Kevin Kilmer on a
exploration into the rolling hills of Picchetti Ranch 3.5-mile, round-trip natural history hike over Skyline
Preserve. Keep your ears tuned for the loud cries of Ridge Preserve.During an hour-long lunch near Alpine
Picchetti Winery's peacocks as you travel into the Pond and the Daniels Nature Center,mountain resident
preserve.This leisurely-paced,4-mile hike will take you JohnsgArd will answer your questions about mountain
from earshot of Stevens Creek during your lunch break lions and will detail a number of well-documented lion
to a mint-covered hillside where you will marvel at the attacks that illustrate how even a little knowledge and
view. Expect a few 200-foot climbs. Wine tasting on preparation can reduce the risk of a serious lion
your own is an option after the hike. encounter and can alter the outcome if such an encounter
occurs. While this is valuable information for children
Saturday& Sunday,July 29&30 and adults who live in or spend time camping and
Daniels Nature Center, 12:00 noon—5:00 pm recreating in lion country, some parents may not wish to
"Stop In and Explore" expose their children to detailed accounts of lion attacks
Bring family and friends to visit this charming wooden and should use discretion.
building on Saturdays and Sundays this summer between
12:00 noon and 5:00 pm. You can enjoy displays about
natural communities, view larger-than-life pond strata
mobiles, take a pond prowl,and perhaps have an
opportunity to study live aquatic organisms"borrowed"
from Alpine Pond.These adventures and more await
you!
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has
successfully protected and managed more than 50,000 acres of open space. The public enjoys the
District's diverse and beautiful preserves 365 days a year. The District is an independent, non-
enterprise, California special district whose mission is to purchase and preserve a regional
greenbelt of open space land in perpetuity,protect and restore the natural environment, and
Provide opportunitiesfor ecologically sensitive public enjoyment and education. For more
information,please visit www.openspace.org.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
J
FROM: L. Craig Britton, General Manager
DATE: July 7, 2006
RE: FYI's
I
I
i
I
Regional Open Sp ce 11111111
-----------------------
.Tune 26, 2006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Honorable Tim Leslie
Member, California State Assembly
Sacramento, CA 95814
VIA FACSIMILE: (916) 319-2104
RE: AB 84—SUPPORT
Dear Assemblyman Leslie:
On behalf of the Midpeninsula Regional Open Space District, I am writing to express our support
for AB 84 which would establish a specialty license plate program that can be used to create
license plates to provide funding for important state agencies such as the California Coastal
Conservancy. Other state Conservancies have relied upon the sale of license plates for funds, but
recent court action has effectively closed this opportunity. Your bill re-opens that door by
creating an appropriate remedy for the problems outlined by the California State Supreme Court
in early 2004.
As amended the bill allows only state agencies to be eligible to apply for specialty license plates
and requires the agency to recruit 7,500 reservations for a plate before one can be issued. It also
includes design requirements, prohibits state agencies from purchasing specialty license plates
for exempt vehicles and deletes the reference to public or nonprofit agencies assisting the state
agency in promoting the plate.
Passage of this bill is important to the Midpeninsula Regional Open Space District. Our mission
includes the acquisition and preservation of a regional greenbelt of open space land in perpetuity,
protecting and restoring the natural environment, and providing opportunities for ecologically
sensitive public enjoyment and education,which makes finding opportunities to fund the Coastal
Conservancy an important priority to us.
Please feel free to call if you have any questions about our position.
Si cerely,
L. Craig Britton
General Manager
cc: Honorable Kevin Murray,Chair,Senate Appropriations Committee
Ralph Heim,Public Policy Advocates,LLC
MROSD Board of Directors
33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Nanko,Larry Nassett,Kenneth C.Nitz L.Craig Britton
I
Regional Open S. 'ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 28,2006
The Honorable Gene Mullin
Capitol Office, State Capitol
P.O. Box 942849
Sacramento, CA 94249-0019
VIA FACSIMILE: (916)319 -2119
Re: AB 1679—SUPPORT
Dear'Assemblyman Mullin:
I am writing to express the Midpeninsula Regional Open Space District's support for AB 1679 which would subject
the Ann Nuevo hydrologic unit to the jurisdiction of the San Francisco Bay Regional Water Quality Control Board
instead of the Central Coast Regional Water Quality Control Board.
We believe that this necessary change should be made for several important reasons not the least of which is that
the bill would restore the spirit of the Porter-Cologne Water Quality Control Act,which provides for the regional
administration of water quality laws.
Currently,the boundaries between the California Regional Water Quality Control Boards Region 3 (Central Coast)
and Region 2 (Bay Region)do not reflect several realities, such as the fact that growers in non-impaired watersheds
in the northern boundary of Region 3,although they are in San Mateo County,are adversely impacted by divergent
regulatory approaches to agricultural non-point source pollution among both Regions. As it stands, farmers in San
Mateo County who are within Region 3 must now also contend with unreasonable driving times to Region 3
meetings that in effect prevent them from effective participation in decisions.
AB 1679 would allow growers who live in Region 3 but who are closer to Region 2 both geographically and in
terms of local issues to participate more effectively in important issues in Southern San Mateo County because of
the location of public hearings and the proximity of Region 2 offices and staff. It would also unify the regulatory
approach to non-point source pollution issues in San Mateo County and create a more logical boundary without
impacting any impaired watershed.
Please feel free to call if you have any questions about our position.
Si cerely,
L. Craig Britton
General Manager
cc: Honorable Joe Simitian, Chair, Senate Environmental Quality Committee
Jack Olsen, San Mateo County Farm Bureau
Ralph Heim,Public Policy Advocates,LLC
MROSD Board of Directors
330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200
Fax:650-691-0485 - E-mail:mrosd@openspace.org * Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hasse",Kenneth C. Nitz - General Manager:L.Craig Britton
Regional Open Si. .-e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 29, 2006
Mr. Craig Dremman
P.O. Box 609
Redwood City, CA 94064
Dear Mr. Dremman:
This letter is in response to your email dated June 19, 2006. The Board appreciates your
concerns regarding management of nonnative plant species, and your specific attention to native
plants versus invasive species such as yellow star thistle and harding grass in particular. At this
time however, we are unable to provide you with any additional information than what was
provided to you in our last letter of June 15, 2006. The District does not currently have or
maintain the specific information that would answer the questions you submitted in your latest
request.
Please refer to the District's Website, www.openspace.org, for further information on the
District's action plan, budget, and activities, including controlling nonnative plant species such
as yellow star thistle and harding grass. We will update the site with new information as it
becomes available.
Thank you again for your interest and concern about these issues.
SU* lcerely'/-'ied Cyr, resident
Board of Directors
cc: MROSD Board of Directors
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0495 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Kristi Altieri
July 6, 2006 Public Affairs Specialist
(650)691-1200
BUGS TO DO BATTLE AGAIN IN FIGHT AGAINST
NON-NATIVE YELLOW STARTHISTLE
-- District Releases Weed-eating Hairy Weevils on Five Open Space Preserves
as Part of Its Resource Management Program --
LOS ALTOS, CA [July 6, 2006] —The Midpeninsula Regional Open Space District received 6,500 hairy weevils that
will be released by the District today and tomorrow on Skyline and Foothill-area open space preserves as part of an effort
to control and reduce the spread of the non-native, invasive weed yellow starthistle and restore the natural values of the
preserves. The hairy weevil,Eustenopus villosus, one of several insect species researched by the U.S. Department of
Agriculture, has been an effective biocontrol agent in the control of yellow starthistle.
AL
Yellow Starthistle Hairy Weevil,Eustenopus villosus
Photo by Noah Poritz, Used with Permission
"By introducing the weevils, a natural enemy of yellow star thistle, the District reduces removal costs and provides a long-
term, sustainable method of control,"said Lisa Infante, the District's Resource Specialist. "In effect, introduction of the
weevil is an effort to recreate the natural system of ecological checks and balances that prevent this non-native, invasive
plant from eliminating desirable native plants and habitats in the open space preserves."
Originally from Greece, the hairy weevil is 6-8 mm long, has a distinctive long snout with antennae, and an overall
brown-gray striped color and hairs covering much of its body. The hairy weevil attacks with adult weevils feeding on
developing buds and larvae feasting from within on immature seeds,effectively diminishing the yellow starthistle seed
production. To lay eggs, fertile females chew a hole in the side of buds shortly before the flowers open and deposit an egg.
The larvae hatch in about three days, and after about two weeks of feeding, the larvae pupate inside the flower bud. Adults
continue to feed on late-developing flower buds and then overwinter in seedheads or ground duff.
District Implements New Monitoring Program
The District first released hairy weevils in 1997, and conducted additional releases in 2004 and 2005. New to the project
this year, the District is implementing two monitoring methods. One method will cover selected yellow starthistle plants
with netting prior to the release of the new batch of weevils in order to examine how the recently released weevils are
-responding compared to the weevils that were released last year. District resource staff will monitor the plants, focusing
on the flower buds to count the number of remaining seeds. Staff will also compare damage to the seed heads between the
netted and un-netted plants. It is assumed that the netted plants contain weevils released in previous years.
In addition,resource staff will be collecting the soil near the base of the yellow starthistle plants to examine the seed bank
and determine if the number of yellow starthistle seeds is decreasing as a result of the weevils' efforts. Counting the
number of remaining seeds from the treated and untreated yellow starthistle populations(those with and without weevils)
will also provide information on the effectiveness of the weevils. The District will continue to monitor the weevil
populations for several years,and also plans to release weevils again next year.
Initial follow up monitoring from previous years revealed that 40-90 percent of the yellow starthistle seedheads were
damaged. Although hairy weevils will not completely eliminate yellow starthistle,they can substantially reduce the
amount of seed produced within three years and are a good tool for locations where other control methods are not
immediately feasible. The District is also implementing other methods to control and eradicate yellow starthistle,
including mowing,prescribed burning,cutting,pulling, and select herbicide application.
Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and
managed more than 50,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days
a year. The District is an independent, non-enterprise, California special district whose mission is to acquire and
preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment, and provide
opportunities for ecologically sensitive public enjoyment and education. www.openspace.org
July 12, 2006
Brian Bower
4205 Mowry Ave, -,,pt. #52
Fremont, CA. 94538
Re: E-mail of July 04, 2006
Mr. Bower,
Thank you for taking the time to write to the District with your comments. On behalf of
the entire Board, I appreciate your positive comments about District Rangers. The
District is very proud of the professionalism and responsiveness of our staff and we
receive many compliments from the public.
In response to your inquiries about the role of the District Rangers please consider the
following information. First, the District Rangers are California Peace Officers under
830.31(b) with the authority to enforce District, and certain County and State laws on
District Lands. This classification of Peace Officer is appropriate for District Rangers
given their primary duty is enforcement of laws for the protection of District lands and
public safety on District lands. Other important aspects of the Ranger function include
medical aid, maintenance, education,resource stewardship, and firefighting.
Regarding your comments on safety equipment, District management continually reviews
not only safety equipment, but also safety training and procedures. The District has
provided and will continue to provide our Rangers with a variety of appropriate
equipment, ongoing training and well designed procedures to improve safety. In
reference to your comments about the use of guns, the Board of Directors has considered
in depth the issue of arming our Rangers with guns, and have determined, in light of the
scope of the Ranger law enforcement responsibilities, that firearms are not an appropriate
tool at this time.
Again, thank you for your time and interest and I am glad that you are able to enjoy
District lands and programs.
Sincerely,
Jed Cyr,
Board of Directors, President
Page I of I
John Maciel
From: General Information
Sent: Wednesday, July 05, 2006 1:42 PM
To: Sally Thielfoldt; Craig Britton; John Maciel
Subject: Fw: Re-evaluating the Ranger's role
(
� -----Original Message-----
From: .com �
� To: i .or)
� _ �
. Co: b[iannlathteacheI@yahVD.com
/ Sent: Tuesday, July 04. 28OG1O12PK8 �
subject: Re-evaluating the Ranger's role
�
Hi, Please forward this email to the Board of Directors. �
As a frequent user of the wonderful Open Space Preserves I come into frequent contact with the Rangers. | �
find them to be very courteous and professional in the way they deal with the public.
( have one strong concern though, that U wish the Board wfDirectors to address:
What|srole of the Ranger on District Lands? Right now Rangers straddle a gray-area between Law-
Enforcement and Public Contact Person. They are asked to respond to emergencies, investigate suspicious
activities, issue citations, etc. But they are not given full Police Powers by the Board of Directors. Why not?
What imthe Board gaining by keeping the Rangers in limbo?Why is the Board so concerned about Rangers
being armed?Who gains and who loses if the Rangers are armed and are given full arrest authority?
Certainly the Public is better served if the Rangers are made a normal armed Law Enforcement agency. |fit
� were not for the Rangers patrols and their constant presence, the Open Space properties would become
hangouts for marijuana farmers, biker gangs, squatters, etc. And you can be sure the Public would never visit
� the Open Space properties if that was the case. We all owe the Rangers a great debt of gratitude for the job
�
that they do.
� One way we can say thanks and well done, is to arm the Rangers so they can better protect the Public and
� themselves when faced with a risky situation. Would you like to be on Patrol, many miles from the nearest
� backup, and face a dangerous felon with no weapon for oe|f-dafenoe? | wou|dn'L You can be sure the bad
guys already have guns. Shouldn't the good guys be allowed todo the same? Sure, they can call the Sheriffs
Department, and maybe 10-30 minutes later, a Deputy will arrive. But a lot of tragedy can occur during that 10-
30 minute wait.
� VVe owe ithzthe Rangers to give them the tools they need to do their job correctly and safely. So that they do
not have to depend for help on any outside agency. Just put yourself in their shoes.
Many thanks to the Board of Directors and all Open Space Staff for many hours of wonderful hiking!
� Best Regards,
Brian Bower
� 4205K8ow Ave. Apt.#52
Fremont, CA&4538
� brianrnathteachar��yahou.cVm
� ~~
�
� 7/6/2UV6
- Regional Open SAce
MIDPENINSULA REGIONA
L+
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
RE: Telescope Proposal for Mt. Umunhum
Dear Mr. Zuras,
Thank you for your electronic message dated June 30, 2006 in which you state an interest in
selectingMt. Umunhum as a possible site to install a 70-inch telescope. Your comments
p p
regarding public use at Mt. Umunhum are quite timely given that the District is in the midst of a
master planning process for this area,which is located within the larger Sierra Azul Open Space
Preserve.
Over the last year, the District has hosted two public workshops to solicit public comments on
the future use and management of the Preserve. We are now in the process of preparing Draft
Plan Alternatives that incorporate public input while also considering the challenges and
opportunities that exist for public access and resource management. Your idea of installing a
telescope that can be accessed and used by the public will be considered during the development
of the Plan Alternatives.
Given your interest in Mt. Umunhum, I encourage you to participate in the master planning
process. The District will be hosting a third public workshop in the fall to present the Draft Plan
Alternatives to the public for review and comment. Please contact Ana Ruiz, Master Plan
Project Manager, for more information about the planning process or if you would like to be
added to our project mailing list to receive the next public workshop notice by calling(650) 691-
1200 or emailing aruizaopenspace.org. Also, I invite you to visit the master plan project
website for more information at: www.openspace.org/masteKpl
Sincerely,
Jed Cyr
MROSD Board President
cc: MROSD Board of Directors
Ana Ruiz, Master Plan Project Manager
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:into@openspace.org • Web site: www.openspace.org
Sally Thielfoldt
From: General Information
Sent: Monday, July 03, 2006 8:11 AM
To: Sally Thielfoldt; Craig Britton
Subject: Fw: Resend of note to MPROSD board...
Sally,
Can you let me know if this is considered written communication for the next
board meeting.
Thanks,
Elaina
>
> To members of the MPROSD board,
> I send this note because I am unsure the note sent from your
> website actually was sent. It neither acknowledged the posting
> nor sent me a copy.
> My name is Dan Zuras. I am president of Group70, a 501 (c) 3
> non-profit that has spent the last 18 years building a 70 inch
> telescope for the le of Northern California.
people p
>
> We have reached that stage in our project during which we must
> seriously consider a site for the telescope.
>
> We would like to discuss the possibility of Mount Umunhum with
> you.
> We are aware of the toxic contamination left behind by the
> former Almeden Air Force Base. And we are aware of your open
> space goals. We are hoping we can figure out some way of
> benefitting everyone involved.
> Please feel free to call me at home at 408-225-7321 during the
> afternoon or evening. Or email me at president@group70.org.
> (This latter is likely more reliable. ) You can also look into
> Group70 at our web page at http: //group70.org/ although I must
> confess that the information is more than a year out of date.
>
> I am retired & live in South San Jose. If you would like to
> get together over dinner I'm sure I can recommend several good
> restaurants. in the area.
> I look forward to hearing from you.
>
> Yours,
1
JUL-12-2006 12:23P FROM:WATERSHED SCIENCE C831) 726-7049 TO:16506910485 P,irl
i
WA1F EINSIHIEID
SCIENCE
A Watershed approach to natural resource management
General Engineering Contractor's License#390156
Certified Professional in Soil Erosion and Sediment Control, License 9678
(831)254-1499 cell
to steve@watershedscience.com
500 Car;LCR75 Road July 12,2006
Aromas, Caatfornia 95004
(831)726-1499 phone
(831)726-7049 fax Mr. Craig Britton and MROSD Board of Directors
www.watersfiedscienee.corn Re: Notice to of Intent to Reject All Bids(Bridge Construction)
I have gone to great expense to present our case at your hearing tonight. I was in the
middle of a creek restoration job in New York when I received your scheduled bid
protest hearing. i flew home last night[ I have since read the staff recommendation.
Based on this recommendation, i choose not to attend the hearing and will immediately
return to NY.
To Be Publicly Read at Tonight's Meeting and Entered Into Meeting Minutes
I just now received the staff recommendation to reject all bids and to re-bid the project
next year. This recommendation is extremely ill-advised. There is no need to reject all
bids for the project;simply reject the ones that do not conform to the Project Plans and
Specifications. All bidders received these documents that clearly state installers of the
helical tie-backs must he certified by the manufacturer. You received a valid and
awardable bid from my company, Watershed Science. This bid is within your funding
limitations and it is from the contractor who built two of these fiber reinforced plastic
bridges for you two years ago. We spent a substantial amount of time bidding this_job
and have set aside time in our schedule and committed company resources to perform
this work for you. We have purchased a bid bond. Most importantly,you have publicly
revealed our price,
It is a highly unorthodox as well as unethical use of the Public Works contracting
process to publicly solicit bids,hold a mandatory job showing,and then publicly reveal
the bids only to reject all of them if you have received at least one awardable bid.
Rejecting legitimate bids occurs only when their prices render them not awardable.
Even then,the agency's public works contracting competence is called into question.
Such is not the case in this example;our bid is the lowest responsible bid and it is within
your funding limitations.
You are obligated to award the contract to Watershed Science.
It is my sincerest hope that you overrule the staff recommendation and award the
contract to my firm. We look forward to working with you.
Sincerely,
Steve Zembsch
Principal
e '
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF BID PROTEST
Re: Foundation and Pedestrian/Equestrian Bridge Construction Project at El Corte
i De Madera Creek Open Space Preserve
Please be advised that a Bid Protest of the bids of Donald Hayes Trail Contractor,
Inc (the apparent low bidder) and George Bianchi Construction, Inc (the apparent
second low bidder) has been submitted by Watershed Science on June 26, 2006.
The District's Board of Directors will consider the Bid Protest and whether and to
whom to award the contract for this project at its meeting on Wednesday, July 12,
2006, which begins at 7:30 PM. All parties who submitted a bid proposal will
have an opportunity to address the Board at that time.
Please submit any questions, comments, or documentation to the District on or
before July 7, 2006 by 5:00 PM to:
Meredith Manning, District Representative
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
(650) 691-048 (fax)
Matt Freeman
Planning Manager
Date
Notice of Formal Bid Protest(6-30-06)
P.O.Box 7672+Tahoe City,California 96145
Voice (530) 583-9128+ Paz (530) 583-1372
donaldhays@trailbuilders.org
TRAIL I L CONTRACTOR, I N, C. www.trailbuilders.org/donald-hays.html
/donald_ha
i g Y
Califo nia Contractors License Number 514046
- Blasters License Number 6p68
1
7)7 I�2006
riMidpeninsula regional Open Space Dist ct RECEIVED '
- '/ -
Meredith Manning and Board Members JUL 10 2006
330 Distel Circle
Los Altos, CA. 94022 _MI DPI A R€G40NAL OPEN
W ACK DISTRICT
Dear Board and Meredith;
I am sorry for not attending this meeting as I feel it is necessary to get this matter
resolved. I am out of state on an other trail project site visit scheduled over.a month ago.
As you know, I have completed one trail project which included installation of two
bridges for MROSD._On that project, Ridgetop Trail and Bridge Project, later name
changed to Dusky-footed Woodrat trail in Pulgas Ridge Preserve I used no
subcontractors. The bridge installation went without incident, on my part, and to my
knowledge the trail is open and the bridges are operating as specified. I am not using any
subcontractors on this the"Four Bridges" project.
As to installing the"Helical Screw Anchors"-I have been in conversation with Bill
Rabowski and am in the process of becoming a certified contractor for that product. I
have had knowledge of this product for many years through the Professional Trailbuilders
Association's annual Tradeshow and Conference. A_ B. Chance and Hubbell Power
Systems have been vendors at our trade show. I applied for certification with the then:
representative Tom Compton who left the company and my application was lost.
The proposal specifies the base bid is for purchasing all four bridges and decking,
installing one bridge on Giant Salamander Trail. That bridge does not specify helical
piers. By the time the second bid items are awarded 1 will have the necessary
'certification. To that end I did not put myself down as a"Certified Subcontractor".
li also was not aware I/we needed to be a certified installers before the bid opening. No
where in the bid does it say that is a requirement, only that the anchors must be
"installed" by a certified contractor or a listed--subconactor. In that case I could get the
certification the day before the work needs to be done and the contract is valid. This of
course is silly and I would not put either the Board or Meredith Manning in that sort of
position. Please be advised I am going through the certification process even though I
may not be awarded this project. I will be observing the installation of helical piers in
Zepher Cove, NV: and taking the written test soon after that. I should be certified by the
end of September, well before the additional bid items are to be installed.
Based upon my experience installing E.T. Techtonics fiberglass bridges,to thig date I
have installed four(4), two for MROSD and two in San Diego County. One of the
r
bridges is 8o feet long using no subcontractors. I am also on the list pf preferred installers
by E. T. Techtmucs for their bridges, sod soon a certified a otrwW for A.H. Chance
helical piers. I am a licensed user of high explosives in Calif. with Federal permits in alf'
US states just in case we need to blow something up, which t doubt, and have both Amy'
General Engineering and General Building licenses all current in Calif
In closing,I still feel my bid o€'$135,209.63 is a resomible bid. If you decide I do at
have the qualifications for this project based upon not having necessary certifications
W=the bid openin& and having them at the tame of specifiod use, please Use your best
decision in this matter
Thank you for yo r time,in roading this letter and f look forward to other trail and bridge
PROM
wnt '
Donald R. Hays, Jr.
IPreaid�ettt
Donald Hays Trail Contractor, Inc.
I /
I.
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Melanie Demers 1
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Melanie Demers 2 7/12/2006