HomeMy Public PortalAbout20060726 - Agenda Packet - Board of Directors (BOD) - 06-18 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-18
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:00 p.m.
Wednesday, July 26, 2006
330 Distel Circle
Los Altos, California
Please Note: 7:00 p.m. Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
AGENDA*
7:00 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT--CLOSED SESSION
The Closed Session will begin at 7:00 p.m. At the conclusion of the Closed Session,the Board will
adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular
Meeting, the Board may reconvene the Special Meeting Closed Session.
g Y P g
1. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a)
Name of Case: Fogarty v. Midpeninsula Regional Open Space District, San Mateo County Superior
Court Case No. CIV441934
7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ROLL CALL
** ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—J. Cyr
ADOPTION OF CONSENT CALENDAR—J. Cyr
*** APPROVAL OF MINUTES-June 14, 2006 and June 28,2006
BOARD BUSINESS
7:40* 1 Adopt Resolution to Purchase Interiano Property as Addition to Mt. Umunhum Area of Sierra
Azul Open Space Preserve(Santa Clara County Assessor's Parcel Number 562-23-008),
Determine Recommended Actions are Categorically Exempt from CEQA,Adopt Attached
Resolution, Adopt Preliminary Use and Management Plan, and Indicate Intention to Withhold
Dedication of Property—M. Williams
Meeting 06-18 Page 2
2 Approve Response to Santa Clara County Civil Grand Jury Report issued May 11,2006 regarding
its review of Open Space Special Districts—L. C. Britton
3 Authorize General Manager to Execute One-Year Extension of License and Management
Agreement with Peninsula Open Space Trust Regarding Property Adjacent to Purisima Creek
Redwoods Open Space Preserve(San Mateo County Assessor's Parcel Number 066-240-020),
Determine Recommended Actions Categorically Exempt from CEQA—M. Williams
4 Authorize General Manager to Execute Notice of Contract Completion for Dusky-Footed Woodrat
Trail at Pulgas Ridge Open Space Preserve—M. Freeman
REVISED CLAIMS
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
CLOSED SESSION CONTINUED(if necessary)
8:00* 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.
REGIONAL OPEN SPA,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-92
Meeting 06-18
July 26, 2006
AGENDA ITEM I
AGENDA ITEM
Proposed Purchase of the Interiano Property as an addition to the Mt. Umunhu'm Area of Sierra Azul
Open Space Preserve (Santa Clara County Assessor's Parcel Number 562-23-04)
0
GENERAL MANAGER'S RECOMMENDATIONS
I. Determine that the recommended actions are categorically e from the California
Environmental Quality Act(CEQA)as set out in this Report.
2. Adopt the attached Resolution authorizing purchase of the Interiano property.
3. Adopt the Preliminary Use and Management Plan recommendations contained in this Report and
name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve.
4. Indicate your intention to withhold dedication of the property Yas public open space
ace at this time.
DESCRIPTION (see attached map)
The 23.08-acre Interiano property is located east of Los Gatos and southwest of Almaden Reservoir near
the end of Alamitos Road. Situated in the center of the Alamitos and Herbert Creek watersheds, it is a
natural extension of the Mt. Umunhum Area of Sierra Azul Open Space Preserve. Almaden Reservoir
and Almaden Quicksilver County Park are located only a short distance to the north. The property
includes a scenic hillside and densely wooded ravine adjacent to and above Alamitos Creek. Alamitos
Road forms the northern boundary, and could potentially become a regional trail in the future. Purchase
of the Interiano property will result in the protection of valuable scenic resources and wildlife habitat,
and may offer potential regional trail connections.
The rectangularly shaped Interiano property is bounded by District land to the south and west, and
private properties to the north and east. The centerline of Alamitos Road delineates the property's
northern boundary. The property is accessible from an unsurfaced road that originates at Alamitos Road
and climbs steeply for a short distance in a southerly direction to an area where the remains of equestrian
facilities are located. The property is generally very steep and densely wooded,with chaparral and scrub
oak predominantly covering the upper slopes, and mixed evergreen forest on the lower hillsides near
Alamitos Creek.
Although mostly undeveloped, the property does have a number of minor improvements that include the
remains of storage sheds, horse stalls and corrals, an unsurfaced driveway, water lines and a camper
shell. All of the improvements are in a state of disrepair. The dilapidated structures are situated on steep
slopes and have been constructed with scrap building materials. The lower part of the property is littered
with household and construction debris.
R-06-92 Page 2
USE AND MANAGEMENT
Planning Considerations
The property is located within the unincorporated area of Santa Clara County and is zoned HS (Hillside),
requiring a 20-to 160-acre minimum lot size based upon a slope density formula. The property is
comprised of one legal parcel, and has a potential density of one residential site. Residential
development of the area near Alamitos Road would be feasible due to close-in access and relatively
gentle slopes.
Improvements to the property, including storage sheds, abandoned horse stalls and corrals and the
camper shell, are in a state of disrepair and should be removed. The County of Santa Clara County has
recorded a grading violation on the property due to the unpermitted grading of the unsurfaced driveway
leading to the equestrian facilities. The County staff has indicated the violation can be removed by re-
contouring the slope to a natural slope.
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 Use and Management Plan or Master Plan is prepared.
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 use at this time.
Patrol: Routinely patrol the property.
Signs: Install Preserve boundary signs where appropriate.
Clean up: Remove the remains of storage sheds, horse stalls and corrals, a camper shell, and debris; re-
contour the unsurfaced driveway to a natural slope.
Barriers: Install fences and barriers that prevent vehicle entry and potential illegal dumping.
Name: Name the property as an addition to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve.
Dedication: Indicate your intention to withhold dedication of the property as public open space.
Site Safety Inspection: 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 purchase of a 23.08-acre property as an addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management
Plan for the addition. Ultimately,the property will be included in the Master Plan for Sierra Azul Open
Space Preserve. The remains of storage sheds, horse stalls and corrals, a camper shell, and debris will be
removed. The unsurfaced driveway will be re-contoured to a natural slope. The land will be
permanently preserved as open space and maintained in a natural condition.
R-06-92 Page 3
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 15301, 15305,
15316, 15317, 15325, 15330 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts the operation, repair and maintenance or minor alteration of existing private or
public facilities involving negligible or no expansion of use. Structures and improvements in a state of
disrepair will be removed and the unsurfaced driveway will be re-contoured to a natural slope to correct a
grading violation incurred by the seller.
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 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 of the property to the District and ensure that it will be preserved
as public open space by incorporating it into the Mt. Umunhum Area of Sierra Azul Open Space
Preserve.
This acquisition qualifies under four 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.
TERMS & CONDITIONS
The 23.08-acre Interiano property is being purchased for$255,000 on an all cash basis at the close of
escrow. The property consists of one residential building site in Santa Clara County. The property was
originally listed for sale at$399,000 before eventually being lowered to $272,000 on the open real estate
market. The$255,000 purchase price is considered to be the fair market value and is reasonable in this
market area.
The property is being purchased on an"As-Is" basis, and staff has conducted due diligence investigations
and an inspection of the property. As part of this transaction, the District will assume responsibility for
the clean up of horse stalls, sheds, and miscellaneous debris at an estimated cost of$20,000 to $25,000.
The site clean up costs are based upon the number of animal stalls and sheds located on the property, and
the property's steep terrain, which together make this a labor-intensive clean up project. The property
has a grading violation issued by the County of Santa Clara from 1999. The violation involved the
grading of a road cut and the removal of trees from the property. Staff has contacted the County's Land
Development staff to determine the necessary measures needed to correct this grading violation. The
County considers this a minor grading violation, and has assured District staff that re-contouring the
access road to a natural slope as part of the site clean up will eliminate the violation. The County has
also assured District staff that no fees or penalties will apply to the District,which, as a government
agency, is exempt from permitting requirements for minor grading work under the County grading
ordinances. This restoration work is included in the site clean up cost estimates. Staff has reviewed all
of Santa Clara County's property records and files, and is satisfied that no underground storage tanks or
hazardous waste exists on the property. The animal stalls, sheds, and miscellaneous debris on the
property will be removed.
R-06-92 Page 4
BUDGET CONSIDERATIONS
Fiscal Year 2006-2007 Budget for New Land Purchases:
New Land $20,000,000
Land Purchased This Year (54,569)
Interiano Property (255,000)
New Land Purchase Budget Remaining $19,690,431
Controller M. Foster was consulted on this proposed purchase and has indicated that,considering cash
flow and account balances, funds are available for this property purchase.
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
Michael C. Williams, Real Property Manager
Contact Person:
Michael C. Williams, Real Property Manager
RESOLUTION NO. 06-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY
OR APPROPRIATE TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE—LANDS OF
INTERIANO)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby
accept the offer contained in that certain Purchase Agreement between Ruth Interiano and Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof,
and authorizes the President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The General Manager or the President of the Board of Directors or other appropriate
officer is authorized to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District or the General Manager's designee shall cause to be
given appropriate notice of acceptance to the seller and to extend escrow if necessary. The General
Manager and General Counsel are further authorized to approve any technical revisions to the attached
Agreement and other transactional documents which do not involve any material change to any term of
the Agreement or other transactional documents,which are necessary or appropriate to the closing or
implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to$30,000 to cover the
cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund
will be reimbursed in the amount of$255,000 from the proceeds of the next long-term District note issue.
This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open
Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18
of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the
District's budgetary and financial circumstances. There are no funds or sources of moneys of the District
that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise
set aside to pay the costs of this open space land acquisition project that are to be paid or reimbursed out
of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the
District's official intent to use proceeds of indebtedness to reimburse itself for this open space land
acquisition project expenditure.
Interiano Proper-
Addition to Mt. Umunhum Area of Sierra AM Open Space Preserve
i
O
0
able Qu sil
o nt ar
' I i
\a. oaa
s,p 0 o
i �
Alma en Reservoir
Th
�o
'
e a ZU
P r
e P
:..... 0 o
Interiano Property
23.08 Acres
iJ
11 '�
11 ��
i
/
Site Map
Miles
Produced by Midpeninsula Regional Open Space District,July 2006 0 0.2 0.4 0.8
r
Purchase Agreement Page 1
PURCHASE AGREEMENT
This Purchase Agreement(hereinafter called "Agreement") is made and entered
into by and between RUTH INTERIANO (hereinafter called "Seller") and the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter
3 of Division 5 of the California Public Resources Code, (hereinafter called "District").
RECITALS
WHEREAS, Seiler is the owner of certain real property which has open space and
recreational value, located within an unincorporated area of the County of Santa Clara, and being
more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive conveyances of
real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic
and open space purposes; and
WHEREAS, District desires to purchase said property for open space preservation and
as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and
District wishes to purchase said property upon the terms and conditions set forth herein.
AGREEMENT
f the foregoing recitals and the mutual promises
NOW, THEREFORE, in consideration o g g p �
and covenants herein contained, parties arties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase
from Seller, Seller's real property located within an unincorporated area of the County of
Santa Clara, State of California, containing approximately twenty three and eight hundredths
acres (23.08 acres), more or less, and commonly referred to as Santa Clara County Assessor's
Parcel Number 562-23-008. Said property is further described in the Legal Description attached
to Preliminary Report Number 1 1 443 772-00 1 from AllianceTitle. A copy of said Preliminary
Report is attached hereto as Exhibit "A", and incorporated herein by this reference. Said property
is to be conveyed together with any easements, rights of way, or rights of use which may be
appurtenant or attributable to the aforesaid lands,and any and all improvements attached or
affixed thereto. All of said real property and appurtenances shall hereinafter be called the
"Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be
Two Hundred Fifty five Thousand and No/100 Dollars ($255,000.00), which shall be paid in
cash at the "Closing" as defined in Section 3 hereof
I'
Purchase Agreement Page 2
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11
herein, an escrow shall be opened at AllianceTitle, 901 Campisi Way, Suite 100, Campbell, CA
95008 (408) 377-0248 (Escrow number 11443772-001) or other title company acceptable to
District and Seller(hereinafter "Escrow Holder")through which the purchase and sale of the
Property shall be consummated. A fully executed copy of this Agreement shall be deposited with
Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall
execute such additional supplementary or customary escrow instructions as Escrow Holder may
reasonably require. This Agreement may be amended or supplemented by explicit additional
escrow instructions signed by the parties, but the printed portion of such escrow instructions shall
not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed
and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to
be deposited into the escrow as herein provided, with the following terms and conditions to apply
to said escrow:
A. The time provided for in the escrow for the close thereof shall be on or before
August 4, 2006, provided however, that the parties may, by written agreement, extend the time
for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow
Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County
Recorder of Santa Clara County.
B. Seller and District shall, during the escrow period, execute any and all documents
and perform any and all acts reasonably necessary or appropriate to consummate the purchase
and sale pursuant to the terms of this Agreement.
C. Seller shall deposit into the escrow on or before the Closing an executed and
recordable Grant Deed, covering the Property as described in said Exhibit "A".
D. District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly executed by
District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Two Hundred
and Forty five Thousand and No/100 Dollars ($245,000.00) which is the balance of the Purchase
Price of Two Hundred Fifty five Thousand and No/1 00 Dollars as specified in Section 2. The
balance of$10,000.00 is paid into escrow in accordance with Section 11 of this Agreement.
E. Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if
required by District, and all recording costs and fees. All other costs or expenses not otherwise
provided for in this Agreement shall be apportioned or allocated between District and Seller in
the manner customary in Santa Clara County. All current property taxes on the Property shall be
pro-rated through escrow between District and Seller as of the Closing based upon the latest
available tax information using the customary escrow procedures.
Purchase Agreement Page 3
F. Seller shall cause Alliance Title, or other title company acceptable to District and
Seller,to be prepared and committed to deliver to District, a CLTA Standard Policy of Title
Insurance, dated as of the Closing, insuring District in the amount of$255,000.00 for the
Property showing title to the Property vested in fee simple in District, subject only to: (i) current
real property taxes, (ii)title exceptions 3, 4, 5, 6, 7 and 9 as listed in Preliminary Report dated
March 30, 2006 (Exhibit A), and (iii) such additional title exceptions as may be approved in
writing by District prior to the Closing as determined by District in its sole and absolute
discretion.
G. Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded
in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder
shall cause to be delivered to District the original of the policy of title insurance required herein,
and to Seller Escrow Holder's check for the full purchase price of the Subject Property(less
Seller's portion of the expenses described in Section 3.E.), and to District or Seller, as the case
may be, all other documents or instruments which are to be delivered to them. In the event the
escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other
things of value deposited in the escrow to the party depositing the same.
4. Rialits and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from
any further obligations hereunder, except as otherwise provided herein. Upon any such
termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for
payment of its title and escrow cancellation charges (subject to rights of subrogation against any
party whose fault may have caused such termination of escrow), and each party expressly
reserves any other rights and remedies which it may have against any other party by reason of a
wrongful termination or failure to close escrow.
5. Seller's Representations and Warranties. For the purpose of consummating the sale
and purchase of the Property in accordance herewith, Seller makes the following representations
and warranties to District, which shall survive close of escrow, each of which is material and is
being relied upon by District.
A. Authoritv. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
B. Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient
to convey to District the Subject Property described therein, and are enforceable in accordance
with their respective terms and do not violate any provisions of any agreement to which Seller is
a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller.
Purchase Agreement Page 4
C. Leases or Occupancy of Premises. There exist no oral or written leases, licenses,
or rental agreements affecting all or any portion of the Subject Property. Seller further warrants
and agrees to hold District free and harmless and to reimburse District for any and all costs,
liability, loss, damage or expense, including costs for legal services, occasioned by reason of any
such lease, license, or rental agreement of the Property being acquired by District, including, but
not limited to, claims for relocation benefits and/or payments pursuant to California Government
Code Section 7260 et seq. Seller understands and agrees that the provisions of this Section shall
survive the close of escrow and recordation of any Grant Deed(s).
D. Good Title. Seller has and at the Closing date shall have good, marketable and
indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to
District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free
and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or
interest held by any third party except for the exceptions permitted under the express terms
hereof, and Seller shall forever indemnify and defend District from and against any claims made
by any third party which are based upon any inaccuracy in the foregoing representations.
6. Integrily of Property. Except as otherwise provided herein or by express written
permission granted by District, Seller shall not, between the time of Seller's execution hereof and
the close of escrow, cause or allow any physical changes on the Property. Such changes shall
include but not be limited to grading, excavating or other earthmoving activities, cutting or
removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements
or structures on the Property.
7. As-Is Purchase and Sale. This sale is made without representation or warranty by
Seller, except as expressly set forth in this Agreement. District represents,warrants,
acknowledges and agrees that it has had full and ample opportunity prior to the execution of this
Agreement to investigate the Property including, but not limited to, the physical condition
thereof, the presence, absence or condition of improvements thereon; and that District shall
purchase the Property AS-IS WITH ALL FAULTS.
8. Hazardous Waste.
A. Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos,petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act(42 U.S.C. Section 6901
et seq.)
Purchase Agreement Page 5
B. Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied upon
by District:
(i) To Seller's knowledge the Property does not contain and has not
previously contained any Hazardous Waste or underground storage tanks, and no Hazardous
Waste has been or is being used, manufactured,handled, generated, stored, treated, discharged,
present, buried or disposed of on, under or about the Property, or transported to or from the
Property, nor has Seller undertaken, permitted, authorized or suffered any of the foregoing;
(ii) Seller has not received any notice and Seller has no actual
knowledge that any private person or governmental authority or administrative agency or any
employee or agent thereof has determined, alleged or commenced or threatened to commence any
litigation, or other proceedings, to determine that there is a presence, release, threat of release,
placement on, under or about the Property, or the use, manufacture, handling, generation, storage,
treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or
from the Property, of any Hazardous Waste, nor has Seller received any communication from any
such person or governmental agency or authority concerning any such matters.
C. Indemnity. Seller shall indemnify, defend and hold harmless District from and
against and all claims, liabilities, losses, damages, and costs incurred or suffered by District,
including without limitation, attorney, engineering and other professional or expert fees, to the
extent arising from any breach of the warranties or representations contained herein.
9. Waiver of Relocation Benefits and Statutory Compensation. Seller and District
understand and agree that Seller may be entitled to receive certain relocation benefits and the fair
market value of the Property described in Exhibit "A", as provided for by the Federal Uniform
Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646),the
Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) (42
U.S.C. '4601 et seq.), and the California Relocation Assistance Act, Government Code Section
7260 et seq. Seller hereby waives any and all existing and/or future claims or rights Seller may
have to any relocation assistance, benefits, procedures, or policies as provided in said laws or
regulations adopted there under and to any other compensation, except as provided in this
Agreement. Seller has been advised as to the extent and availability of such benefits, procedures,
notice periods, and assistance, and freely and knowingly waives such claims, rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property, as
provided for by said Federal Law and any similar California Law.
10. Miscellaneous Provisions.
A. Access for Investigations. From the date Seller delivers an executed copy of this
Purchase Agreement to District and until the Closing, District and District's agents, lender,
contractors, engineers, consultants, employees, subcontractors and other representatives (the
Purchase Agreement Page 6
"District Parties") may, upon the giving of reasonable advance written notice to Seller, enter
upon the Property for the purpose of inspecting, testing and evaluating the same; provided,
however, that District may not perform any work on the Property without Seller's prior written
consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give Seller at least 24 hours' prior notice of each proposed entry by District. District shall
indemnify, protect, defend and hold Seller free and harmless from and against any and all claims,
actions, causes of action, suits, proceedings, costs, expenses (including, without limitation,
reasonable attorneys' fees and costs), liabilities, damages, and liens caused by the activities of
District Parties while upon the Property prior to the Closing; provided, however, the foregoing
indemnity shall not cover or include any claims, damages or liens resulting from District's
discovery of any Hazardous Waste or other pre-existing adverse conditions pursuant to its
inspections, testing or evaluation. District's inspections shall be at District's sole expense.
District shall repair any damage to the Property that may be caused by the District Parties while
on the Property performing its inspections.
B. Choice of Law. The internal laws of the State of California, regardless of any
choice of law principles, shall govern the validity of this Agreement, the construction of its terms
and the interpretation of the rights and duties of the parties.
C. Attorneys' Fees. If either party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action,proceeding or arbitration instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action or
proceeding shall be entitled to recover from the other party reasonable expenses and attorneys'
fees in the amount determined by the Court, or arbitrator, in the case of arbitration, whether or
not such action, proceeding or arbitration goes to final judgment. In the event of a settlement or
final judgment in which neither party is awarded all of the relief prayed for, the prevailing party
as determined by the Court, or arbitrator in the case of arbitration, shall be entitled to recover
from the other party reasonable expenses and attorneys' fees.
D. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may in writing: (i) extend the time for
the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other party;
or(iv) waive the fulfillment of any condition that is precedent to the performance by such party
of any of its obligations under this Agreement. The General Manager is authorized to agree to an
extension of the time for the performance of any obligations on the part of District or Seller
pursuant to this Agreement, and to take any actions and execute any documents necessary or
appropriate to closing escrow and completing this conveyance, including execution of any
documents which may allow Seller to accomplish a tax deferred exchange of property as
permitted by law; provided, however that the District shall not take title to any third party
property other than the Subject Property. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing.
Purchase Agreement Page 7
E. Rights Cumulative. Each and all of the various rights, powers and remedies of the
parties shall be considered to be cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event of the breach of any of the
terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall
neither constitute the exclusive election thereof nor the waiver of any other right, power or
remedy available to such party.
F. Notices. Whenever any party hereto desires or is required to give any notice,
demand, or request with respect to this Agreement(or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or
other private messenger, courier or other delivery service or sent by facsimile transmission by
telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as
follows:
Seller: Ruth Interiano c/o
Michael Garvey, RE/MAX Real Estate
720 University Avenue
Los Gatos, CA 95032
Telephone: (408) 252-9800
FAX: (408) 247-8 101
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
Telephone: (650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or
cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee.
Service of any such communication made only by mail shall be deemed complete on the date of
actual delivery as indicated by the addressee's registry or certification receipt or at the expiration
of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party
hereto may from time to time, by notice in writing served upon the other party as aforesaid,
designate a different mailing address or a different person to which such notices or demands are
thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either
party from giving oral notice to the other when prompt notification is appropriate, but any oral
notice given shall not satisfy the requirement of written notice as provided in this Section.
G. Severabilitv. If any of the provisions of this Agreement are held to be void or
unenforceable by or as a result of a determination of any court of competent jurisdiction, the
decision of which is binding upon the parties,the parties agree that such determination shall not
result in the nullity or unenforceability of the remaining portions of this Agreement. The parties
Purchase Agreement Page 8
further agree to replace such void or unenforceable provisions which will achieve, to the extent
possible, the economic, business and other purposes of the void or unenforceable provisions.
H. Counterparts. This Agreement may be executed in separate counterparts, each of
which shall be deemed as an original, and when executed, separately or together, shall constitute
a single original instrument, effective in the same manner as if the parties had executed one and
the same instrument.
I. Waiver. No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
J. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
K. Time of Essence. Time is of the essence of each provision of this Agreement in
which time is an element.
L. Survival of Covenants. All covenants of District or Seiler which are expressly
intended hereunder to be performed in whole or in part after the Closing, and all representations
and warranties by either party to the other, shall survive the Closing and be binding upon and
r
inure to the benefit of the respective parties hereto and their respective heirs, successors and
permitted assigns.
p g
M. Assignment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party without
the prior written approval of the other party.
N. Further Documents and Acts. Each of the parties hereto agrees to execute and
deliver such further documents and perform such other acts as may be reasonably necessary or
appropriate ro riate to consummate and carry into effect the transactions described and contemplated
under this Agreement.
O. Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
P. Broker's Commission. District shall not be responsible for any real estate
commission or other related costs or fees in this transaction. Seller agrees to and does hereby
indemnify and hold District harmless from and against any and all costs, liabilities, losses,
damages, claims, causes of action or proceedings which may result from any broker, agent or
Purchase Agreement Page 9
finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seiler in
connection with this transaction.
Q. Captions. Captions are provided herein for convenience only and they form no
part of this Agreement and are not to serve as a basis for interpretation or construction of this
Agreement, nor as evidence of the intention of the parties hereto.
R. Pronoun References. In this Agreement, if it be appropriate, the use of the
the plural, and the plural shall include the singular, and the use of an
singular shall include p , p g , y
gender shall include all other genders as appropriate.
S. Arbitration of Disputes. If a dispute arises out of or relates to this Agreement
or the performance or breach thereof, the parties agree first to participate in non-binding
mediation in order to resolve their dispute. If the parties are unable to resolve their dispute
through mediation, or if there is any remaining unresolved controversy or claim subsequent to
mediation, any remaining unresolved controversy or claim shall be settled by binding arbitration.
The parties shall jointly select one arbitrator who shall be a retired or former judge of the
Superior Court of California. The arbitration shall be conducted in accordance with the rules set
forth in California Code of Civil Procedure Sections 1280 et. seq. including the right of
discovery. Hearings shall be held in Santa Clara County, California. If the parties are unable to
agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation
Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute,
it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW,YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITIAL.4,�) Z DISTRICT INITIAL��W
11. Acceptance. Provided that this Agreement is executed by Seller and delivered to
District on or before July 14, 2006 District shall have until midnight July 26, 2006 to accept and
Purchase Agreement Page 10
execute this Agreement, and during said period this instrument shall constitute an irrevocable
offer by Seller to sell and convey the Property to District for the consideration and under the
terms and conditions herein set forth. Said offer shall remain irrevocable during this period
without the necessity of execution and acceptance of this Purchase Agreement by District. As
consideration for said irrevocable offer, District has paid into escrow and Seller acknowledges
receipt of the sum of Ten Thousand Dollars and No/100 ($10,000.00), which shall be applied to
the Purchase Price as set forth in Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
1H
HI
1H
1H
1H
1H
Purchase Agreement Page 11
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers to be effective as of the date of final execution by District in
accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
APPROVED AND ACCEPTED:
President, Board of Directors RuA Interiano, a married woman as her sole and
separate property
" /1`' ;'
Date to a
ATTEST:
District Clerk
Date:
ACCEPTED FOR RECOMMENDATION
N
Michael C. Williams,Real Property Manager
APPROVED AS TO FORM:
Susan M. ectman,General Counsel
RECOMCEN DE PP VAL:
L. Craig Britton, Gen6ral Manager
Escrow Branch:
901 Campisi Way;`Suite 100
,NlianceTitle Campbell,CA 95008
• (408)559-3424
PRELIMINARY REPORT Fax: (408)377-0284
Escrow Officer: Gale Houck/mmw
Email: ghouck@ate-ca.com
ORDER NO. 11443772-001- GH
Ref. No:
Property Address:
Attn.: APN: 562-23-008
ARB: 562-23-003.03
In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue,or cause to be issued,
as of the date hereof;a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,
e purpose f facilitating the issuance
hereto is issued solely for os o It
and encumbrances affecting title to the land. This report(and any supplements ) y p rp g
d liability is assumed hereby. If it is desired that liability be assumed rior to the issuance of a policy of title
insurance an no tY P cy
a policy of title i P of Y
F cy
ty
insur
ance,a Binder or Co
mmitment should be requested-
The form of policy of title insurance contemplated by this report is:
CLTA Owner's,ALTA Lender's issued by First American Title Insurance Company
Dated as of March 30, 2006 at 7:30 a.m.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Ruth Interiano, a married woman as her sole and separate property
The land referred to in this Report is situated in the State of California,County of and is described as follows:
(See"Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
EXHIBIT A
PE o.2
File No. 11443772-001- GH
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2006-
2007, a lien not yet due or payable.
2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2005-
2006, a lien, shown as follows:
1 st Installment $775.53 Paid
2nd Installment $775.53 Open
Assessor's Parcel No. 562-23-008 Code Area 72-009
Land $105,204.00 IMP NONE PP NONE Exempt NONE
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75)to the Revenue and Taxation Code of the State of California.
4. Rights of the public, if any, over that portion of said land which lies within the bounds of Alamitos
Road.
5. Any adverse claim based upon the assertion that—
(A) Said land or any part thereof is now or at any time has been below the ordinary high water
mark of Alamitos Creek and Berrocal Creek.
(B) Some portion of said land has been created by artificial means or has accreted to such portion
so created.
(C) Some portion of said land has been brought within the boundaries thereof by an avulsive
movement of Alamitos Creek and Berrocal Creek or has been formed by accretion to any such
portion.
6. Such rights and easements for recreation, navigation and fishery which may exist over that portion
of said land lying beneath the waters of Alamitos Creek and Berrocal Creek.
7. An easement affecting a portion of said land and for the purpose stated herein and
incidental purposes. The exact location of which cannot be ascertained of record
In favor of: Lillie J. Miller
For: Right of Way
Recorded: October 31, 1917 in Book 465 of Deeds, Page 25
8. An easement affecting a portion of said land and for the purpose stated herein and
incidental purposes. The exact location of which cannot be ascertained of record
In favor of. Herman H. Dieckmann, et al
For: ingress and egress
Recorded: February 06, 1929 in Book 448, Page 184, Official Records
Pk a. 3
File No. 11443772-001- GH
9. Notice of Violation of Grading Ordinance pursuant to Section C12-547 of the County Code, that a
violation exists on the property identified as follows:
File No.: 7596-43-41-99GV
Owner: Ruth Interiano
Address or Assessor's Parcel No.: 562-23-008
Recorded: December 22, 1999 under Recorder's Series No. 15099414
Official Records
10. A deed of trust to secure an indebtedness in the original amount shown below,
Dated : May 10, 2004
Amount : $70,000.00
Trustor : Ruth Interiano a married woman as her sole and separate property
Trustee : E.C.I. Corporation, a Nevada corporation, as Trustee
Beneficiary : Polo Investments Fund No. I, LLC
Recorded: May 14, 2004 under Recorder's Series No. 17789750 Official Records
Loan No. : 864218
11. A deed of trust to secure an indebtedness in the original amount shown below,
Dated : September 23, 2005
Amount : $161,000.00
Trustor : Ruth Interiano who acquired title as a married woman as her sole and separate
property
Trustee : E.C.I. Corporation
Beneficiary : Polo Investments Fund No. 1, LLC
Recorded: October 14, 2005 under Recorder's Series No. 18623659 Official Records
Loan No. : 864513
NOTES:
a. Date last insured: 10-14-05
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub-escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
• P, IoA
File No. 11443772-001- GH
e. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have
announced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings."
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling to freeze the account we will require you submit to us all unused checks,
debit vouchers,and/or credit cards associated with the loan along with a letter(affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the j
above is possible it will be necessary to hold any difference between the demand balance and the
i
maximum available credit.
i. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
j. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire
lot on a recorded final map.
k. According to the public records, no Deeds conveying the property described in this report have
been recorded within a period of two (2)years prior to the date of this report, except as shown
herein--
Grantor: George Interiano,husband of the grantee herein
Grantee: Ruth Interiano, a married woman as her sole and separate property
Recorded: October 13, 2005 under Recorder's Series No. 18622797 Official Records
N 0. 5
File No. 11443772-001- GH
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of
California, described as follows:
COMMENCING at a 4 x 4 post marking the fractional comer of Sections 10 and 15 in T.9 S., R.I E.,
M.D.B. &M. and the Southwest line of the Pueblo Lands of San Jose; thence along the North line of
said Section 15 West 1964.02 feet to the Northeast comer of the Northwest quarter of said Section 15;
thence along the East line of said Northwest quarter South 2' 14' 25" East 673.28 feet to a point more or
less in the centerline of Alamitos Road, said point being the True Point of Beginning; thence continuing
along said Easterly line South 2" 14' 25" East 1967.97 feet to the center of said Section 15; thence along
the South line of said Northwest quarter South 89" 59' 02" West 584.58 feet; thence North 2" 14' 25"
West 1501.01 feet to a point more or less in said centerline of Alamitos Road; thence along said
centerline North 56' 42' 52"East 286.41 feet,North 400 59' 04"East 170.44 feet and North 500 24' 27"
East 280.83 feet to the True Point of Beginning and being a portion of the East half of the Northwest
quarter of Section 15.
ARB No: 562-23-003.03
APN No: 562-23-008
O r r 3 F r,r C v n 1 h 5 5 [ S s 0 R .-.. A N A L L A R A C 0 U N T "! C A L I F 0 R N A 600K FACE 1 S
462 23 NJ
W
L.t �
Lo
0
NOTE, FRACTIONAL SEC.10 PER;[QS.
150.E33 AC.
ACREAGES SHOWN FROM U.5.0.$.
SURVEY ISLTSAC. •//.
H 1 f F
o �
h @ C .'
® ti 07.97
:lP /97.T/ `� `I�•��'f y r ti 6' to1..1
N
o1
OMICEINSULA RErAONAL
SPAC`93.A0 AC.TOTAL OPEN/(419.59 AC.) x015T. roNi
iet�II W
a7 S 7 �/s l ralsa9
( 1
t MIDPENINSULA REGIONAL
1 OPEN SPACE DISTRICT �• '
LAWRENCE E. STONE-ASSESSOk
p I •.. .i I� C/IatrM IINv for ow.w�A F+FNa a+t
J
C«�r+.a.Ira.R.&T.C/A.S« 321.
J I _ ``� EfN.Un RA YNr 30o3-10a
MIppENINSUTA RE(igNAt! p
4 d 1 Y
OPEN SPACE DISTRICrI
,. � ti N Re�(01011•
r.aww •..a � ,_At! 22 v N �3JiJ73—
Regional Open Spak—j
i
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-91
Meeting 06-18
July 26, 2006
AGENDA ITEM 2
AGENDA ITEM
Response to the Santa Clara County Civil Grand Jury Report
i
GENERAL MANAGER'S RECOMMENDATION `
Approve the attached Response from the Board of Directors Ca the Santa Clara County Civil
Grand Jury's Report issued May 11, 2006 regarding its review of Open Space Special Districts.
DISCUSSION
The Santa Clara County Civil Grand Jury recently investigated a number of special districts,
including the two open space districts in Santa Clara County—the Santa Clara County Open
Space Authority and the Midpeninsula Regional Open Space District. The Grand Jury report,
entitled Exploring Open Space Special Districts in Santa Clara County, examined issues of
interest such as financial information, pending lawsuits, and future areas of concern.
State law requires that, no later than 90 days after submission of the report, the governing body
of the public agency shall submit comments to the presiding judge of the superior court
regarding the findings and recommendations of the Civil Grand Jury. As the governing body of
the Midpeninsula Regional Open Space District, the District Board is the proper body to submit
the District's response. The response is due by August 9, 2006. The overall report was very
favorable, and only minor comments are being forwarded to clarify a few issues.
Staff has prepared the attached response to the Honorable Alden E. Danner from the President of
the Board of Directors, and recommends Board approval. This response will be forwarded to the
Clerk of the Court of Santa Clara County by way of the Court Executive Officer. A copy will be
kept on file with the District Clerk.
Prepared by:
Michelle Jesperson, Management Analyst
Contact person:
L. Craig Britton, General Manager
July 26, 2006
Honorable Alden E. Danner
Presiding Judge, Santa Clara County Superior Court
Superior Court Building
191 North First Street
San Jose, CA 95113
Re: Midpeninsula Regional Open Space District's Response to the 2005-2006 Civil Grand Jury
Report,Exploring Open Space Special Districts in Santa Clara County
Dear Honorable Alden E. Danner,
On behalf of the Midpeninsula Regional Open Space District(MROSD), I am pleased to respond to the
Santa Clara County Civil Grand Jury's report,Exploring Open Space Special Districts in Santa Clara
County. We welcome this opportunity to provide you with our comments. We greatly appreciate the
positive comments that the Civil Grand Jury expressed in the report. There were no specific findings or
recommendations to which a response would be appropriate; however, we would like to offer only a few
minor suggestions to improve the accuracy of the report.
I) In the section that discusses the Santa Clara County Open Space Authority on page one, first
paragraph, first sentence, we believe that it would be more accurate to say:
"Before 1993,the Santa Clara County Board of Supervisors commissioned the"2020 Task
Force,"which recommended, among other things,that the Open Space Authority be created."
2) In the section that discusses MROSD, on page six, first paragraph, the second sentence could be
clarified by mentioning the statutory authority for the District's debt. We suggest adding the following:
"The debt shown in the March 31, 2005 annual report was greater than $130 million, as authorized
under section 5544 et seq. of California the Public Resources Code."
3)Again, on page six, fifth paragraph,we believe the first sentence would be more accurate if stated as
follows:
"Board members often run unopposed and therefore, by statute, MROSD may determine not to list
their names on the ballot in order to avoid unnecessary election costs."
Again,thank you for the complimentary report and the opportunity to provide you with our comments.
We commend the Grand Jury for its thoughtful and thorough investigation of the County's Open Space
Special Districts. We respectfully hope that you will consider our suggestions.
Sincerely,
Jed Cyr
President, MROSD Board of Directors
cc: MROSD Board of Directors
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-93
Meeting 06-18
July 26, 2006
AGENDA ITEM 3
AGENDA ITEM
Renewal of License and Management Agreement with Pen nsula Open Space Trust Regarding the Former
Forde Property Adjacent to Purisima Creek Redwoods Ope Space Pr serve(San Mateo County
Assessor's Parcel Number 066-240-020)
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act(CEQA)as set out in this Report.
2. Authorize the General Manager to sign the attached License and Management Agreement(the
"License")with Peninsula Open Space Trust(POST), subject to approval by the General
Manager and General Counsel of minor revisions to this Agreement which do not substantially
change any material terms.
DISCUSSION
At your meeting of April 6,2005,you approved the purchase of the 183.48-acre Peninsula Open Space
Trust property(formerly the Forde property)as an addition to Purisima Creek Redwoods Open Space
Preserve (see Report R-05-40). At your meeting of June 22, 2006, a License and Management
Agreement was approved for a one-year term(see Report R-05-70), providing for the patrol and
management of the property while staff pursued a property-purchase grant from the Habitat Conservation
Fund Program through the State Department of Parks and Recreation. In May 2006,the State notified the
District that its grant application was being recommended for approval at the maximum amount of
$500,000 as part of the new State fiscal budget beginning July 1, 2006.
Because it typically takes a month or two for the State to appropriate grant funds, it is necessary for the
District to extend the License and Management Agreement with POST for the continued management of
the property until the grant agreement is fully executed and grant funds are delivered into escrow. POST
has agreed to extend the close of escrow until the District completes the property purchase as an addition
to the Preserve. The Management Agreement will terminate with the close of escrow.
CEQA COMPLIANCE
Project Description
The project consists of the extension of the term of the License and Management Agreement for the
183.48-acre POST property as an addition to Purisima Creek Redwoods Open Space Preserve.
CEQA Determination
The extension of the term of the License and Management Agreement with POST is a minor change of
the scope of the previously approved License and Management Agreement, and does not change that
project in any manner that would result in any new, or additional potential significant impact on the
environment. The CEQA findings detailed in the June 22, 2005 staff Report are applicable to this minor
revision to the project. In that Report,the project was determined to be categorically exempt from
CEQA. The Board should adopt similar findings with respect to the extension of the term of the License
and Management Agreement.
�I
R-06-93 Page
& evaluation has been completed concerning the resources on this property,
and how the resources could be affected if the property were managed as public open space under the
terms ofthe License and ManagementAg,eemout. In addition,the property is substantially similar tothe
lands evaluated in the Program Environmental Impact Report for the Coastal Annexation Areu(2lRL), and
the environmental effects of District ownership and management are determined to be consistent with the
potential effects described in the EL0. The District concludes that this project will not have umigniGuaot
effect onthe environment. Itim categorically exempt from CE(}A under Sections |52Ul, |53l6, 15J|7,
l5]25. )5330, and /500| of the CE()A Guidelines mofollows:
Section 15301 exempts the operation, repair, nouiu1cnuuue. permitting, leasing, licensing, or minor
alteration of existing public u,private structures, facilities, mechanical equipment, ortopographical
features, involving negligible or no expansion of use beyond that existing at the time of the agencies
� determination. The Preliminary Use and Management Plan specifies that gates and fencing will be
� installed to secure the property, and roads and trails will bu maintained using District-wide and Service
�
� Plan management practices. There will benoornegligible expansion ofuse.
Section 15316excnopts the acquisition uf land io order to create parks ifthe site ioiou natural condition
�
� and the management plan proposes to keep the area inunatural condition. The Preliminary Use and
Management Plan specifies that the land will not be developed and will remain in a natural condition.
� Section l53|7 exempts the acceptance of fee interests in order to maintain the open space character of an
area. The District will purchase fee interest and maintain the open space character of the area. No new
development ie proposed um part of this project.
Section |5]25 exempts transfers of ownership of interests in land in order to preserve open space. This
purchase will transfer fee ownership of the property to the District and ensure it will be preserved as
public open space by incorporating it into Purisima Creek Redwoods Open Space Preserve.
Section 15330 exempts minor cleanup actions taken to prevent, minimize, stabilize, mitigate, oreliminate
the release or threat ofrelease of hazardous waste or substance that are mnmo\| or medium n:muovu)
actions costing$| million o/less. The Preliminary Use and Management Plan includes the removal and
c|eon-up, either by the previous owner under an agreement with POST or by the District, of small
containers ofgas and oil used to maintain equipment, and minor amounts of solid waste in thcfbnn of
storage sheds, construction muutcdu|s, small trailers,u camper shell, and animal pens, all ioa state of
disrepair. Any areas ofsoil contamination discovered during the removal of the waste materials and
equipment will be minor and will be disposed of off-site in accordance with applicable laws and
ncgo|o1ionu
This purchase is categorically exempt from CE(}f\ under five sections of the CE(}/\ Guidelines. /\cdoom
proposed are also exempt under Section 15061, as there is no possibility the actions may have a
significant effect on the environment.
� The District concludes that the action proposed in this report does not constitute a change to the project
that would result in any additional impact ou the environment.
� Prepared by:
Michael C. Williams, Real Property Manager
Maps prepared by:
Matt Saguoa Open Space Planner l
� Contact person:
� Michael C. WiU' Real Property Manager
�
«.^.! MORN,; , • 1 { �i ,<< l,�y
11
5
IM
0 Mil
PFF
OF(
. � f
1
w ,
varo
LICENSE AND MANAGEMENT AGREEMENT
THIS LICENSE AND MANAGEMENT AGREEMENT ("License"), dated as of
July 26, 2005, is by and between the PENINSULA OPEN SPACE TRUST, a California non-
profit public benefit Corporation ("POST"), and MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the
California Public Resources Code ("District").
RECITALS
A. POST is the owner of a certain parcel of real property ("Property"), located within the
unincorporated area of the County of San Mateo, State of California and is more particularly
described in Exhibit "A", attached hereto and incorporated herein by this reference.
B. The Property is adjacent to District land, and District and POST entered into a Purchase
Agreement dated April 6, 2005 to purchase the Property, ("Purchase Agreement"). At this time,
and pending close of escrow, POST desires that District license and manage the Property for the
benefit of POST. In return for such services, District will receive the benefit of the ability to use
the Property for purposes consistent with its mission.
C. POST is willing to license the Property to District, and District desires to license the
Property from POST, upon the terms and conditions set forth below.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, POST and District (collectively, the "Parties") hereby agree as
follows:
1. License. For and in consideration of the mutual covenants and agreements by the Parties
contained in this License, POST does hereby license to District, and District does hereby license
from POST, all of the Property.
2. License Term. District shall license the Property for a term of one year commencing on
the Effective Date hereof and ending one (1) year from the Effective Date (the "License Term")
unless the term is extended or terminated earlier by mutual written agreement of the parties. The
License Term will also terminate upon close of escrow of the Purchase Agreement. As used
herein, the term "Effective Date" shall be the date on which this License is executed by the
District's General Manager.
3. Consideration. POST and District agree that the consideration for the District's
performance of its covenants and agreements contained herein (including, without limitation,
those regarding indemnification, maintenance and operation of the Property) shall be the
District's rights and privileges to use the Property as set out in this License.
4. POST's Representations, Warranties and Covenants. POST represents, warrants and
covenants as follows:
4.1. Organization. POST is duly organized and validly existing under the laws of the
State of California.
4.2. Requisite Action. All requisite corporate action has been taken by POST in
connection with POST's execution of this License, and has been taken or will be taken in
connection with the agreements, instruments or other documents to be executed by POST
pursuant to this License.
4.3. Title. To POST's knowledge, POST owns fee simple title to the Property and is
contractually obligated by the Purchase Agreement to convey fee title to District.
5. Management in Conformity with Preliminary Use and Management Plan. During the
term of this License and any extension thereof, District agrees to manage the Property for the
purpose of open space preservation as part of the ecological, recreational and scenic resources of
the mid-peninsula area. District shall manage the Property in conformity with the Preliminary
Use and Management Plan for the Property as approved by District's Board of Directors on April
6, 2005.District shall be solely responsible for management, operation, control and site clean up
of the Property during the License Term, for the conditions thereof, and for all activities
conducted by District thereon. District may install gates and appropriate signing and fencing as
District determines is necessary and appropriate, and may undertake such other steps as District
deems necessary or appropriate for the proper and safe management of the Property.
6. Patrol. District will patrol and manage the Property in a manner consistent with adjacent
District holdings to ensure that the Property is kept in a safe and sanitary condition and that
deleterious or incompatible uses of the Property are discouraged. Should any trespass or other
unauthorized use or activity occur upon the Property, District may exercise its authority to
correct these matters including, where necessary, enforcing District regulations and ordinances
on the Property. The Property shall be deemed to be property under the operation, control and
management of District for purposes of Public Resource Code Sections 5558 and 5560.5 as a
District park, and shall be deemed to be "District Lands" as defined in District Ordinance
No. 04-1.
7. Use. District shall have the right to use and operate the Property for open space and
ecological purposes, environmental education, and limited recreational trail use by means of a
neighbor trail use permit. The Property will not be open to general public use..
8. Legal Responsibility and Indemnification.
8.1 District. Except as otherwise agreed herein, District shall hold POST harmless
from, and defend POST and its officers, directors, employees and agents against, any and all
claims or liabilities for injury or damage to any persons of property howsoever occurring
during the life of this License in, on, or about the Property, arising out of any condition of the
Property or of any act, neglect, fault or omission by the District with respect to District
responsibilities as set out in this License.
8.2 POST. POST agrees to indemnify, defend and hold harmless District and its
agents, officers, officials, and employees against any and all claims or liabilities for injury or
damage to persons or property arising out of or resulting from the negligent acts or fault of
POST, or its agents, employees, officers, or servants, in connection with the Property.
2
8.3 Joint Responsibility. In the event of concurrent negligence, each party will bear
responsibility for its acts in proportion to its fault under the doctrine of comparative
negligence.
8.4 Insurance. During the License Term, the District shall maintain in full force and
effect a comprehensive general liability insurance policy applicable to the Property and the
District's activities under this License with limits of liability of at least Two Million Dollars
($2,000,000) aggregate combined single limit for bodily injury and property damage liability;
and One Million Dollars ($1,000,000) combined single limit per occurrence. The District
may satisfy the obligations set out in this Section by participation in a government self-
insurance risk pool authorized under state law, including but not limited to the California
Joint Powers Insurance Authority("CJPIA").
District shall cause the CJPIA or other applicable self-insurance risk pool to issue Evidence
of Coverage naming POST as a Protected Party under the CJPIA Memorandum of Coverage
effective July 1, 2006.
9. Compliance with Laws. District shall comply with any and all federal, state, and local
laws, statutes, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and
requirements applicable to the use and occupancy of the Property by District and District shall
not commit and shall not knowingly permit others to commit waste upon the Property.
10. Maintenance and Utilities. During the License Term, District shall not use the Property
for any purpose except as expressly provided in this License. District shall promptly pay and/or
discharge any liens that may be recorded against the Property or District's License interest
therein resulting from any work performed or materials ordered by or on behalf of District.
During the License Term, District shall maintain and repair the Property in such manner as
reasonably necessary to preserve its existing character; provided, however, that District shall not
be obligated to make any material capital improvements to the Property.
11. Assignment. District may not assign this License to any other party without the prior
written consent of POST, which consent shall not be unreasonably withheld or delayed with
respect to an assignment to a party that expressly assumes in writing all of District's obligations
and liabilities hereunder. In the event of an assignment, District shall remain liable for the
performance of all of District's obligations under this License, except if and to the extent such
obligations are released in writing by POST.
12. Miscellaneous Provisions.
12.1 Invalidity. If any term or provision of this License or the application to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
License, or the application of such term or provision to persons whose circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected.
12.2 Successors and Assigns. Subject to the limitations set forth above, the terms,
conditions and covenants of this License shall be binding upon and shall inure to the benefit
of each of the Parties, their heirs, personal representatives, successors or assigns, and shall
3
run with the land.
12.3 Extension of License Term. The Term of this License may be extended for a
period not exceeding one (1) year upon the mutual written agreement of POST and District.
The District's General Manager shall have the authority to consent to and execute any such
Term extension.
12.4 Writing. No waivers, amendments, License Term extension, alterations or
modifications of this License, or any agreements in connection with this License, shall be
valid unless in writing and duly executed by both POST and District or their respective
successors-in-interest.
12.5 Construction. The captions appearing in this License are inserted only as a matter
of convenience and in no way define, limit, construe or describe the scope or intent of such
sections of this License or in any way affect this License. Any gender used shall be deemed
to refer to any other gender more grammatically applicable to the party to whom such use of
gender relates. The use of singular shall be deemed to include the plural and, conversely, the
plural shall be deemed to include the singular.
12.6 Notices. Any notice, demand, or request required hereunder shall be given in
writing at the addresses set forth below by any of the following means: (a) personal service;
(b)telephonic facsimile transmission; (c) nationally recognized overnight commercial mail
service; or(d)registered or certified, first class U.S. mail, return receipt requested.
If intended for District, addressed as follows:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton, General Manager
TEL: (650) 691-1200
FAX: (650) 691-0485
If intended for POST, addressed as follows:
Peninsula Open Space Trust
3000 Sand Hill Road, 1-155
Menlo Park, CA 94025
Attn: Audrey C. Rust, President
TEL: (650) 854-7696
FAX: (650) 854-7703
Such addresses may be changed by notice to the other party given in the same manner as
above provided. Any notice, demand or request sent pursuant to either clause (a) or(b),
above, shall be deemed received upon such personal service or upon dispatch by electronic
means (provided, however, that a dispatch by facsimile transmission that occurs on any day
other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until
9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent
pursuant to clause (c), above, shall be deemed received on the business day immediately
following deposit with the commercial mail service and, if sent pursuant to clause (d), above,
4
shall be deemed received forty-eight(48) hours following deposit in the U.S. mail.
12.7 Authority to Sign. The parties executing this License on behalf of POST and
District represent that they have authority and power to sign this License on behalf of POST
and District, respectively.
12.8 Conflict of Laws. This License shall be governed by and construed pursuant to
the laws of the State of California.
12.9 Attorneys' Fees. If either party should bring suit or seek arbitration under this
License, because of the breach of any provision of this License, then all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by
the other party, which obligation on the part of the other party shall be deemed to have
accrued on the date of the commencement of such action or arbitration and shall be
enforceable whether or not the action is prosecuted to judgment.
12.10 Waiver. The waiver by either party of any breach of any term, covenant, or
condition herein contained shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition herein contained, nor shall any custom or
practice that may arise between the Parties in the administration of the terms hereof be
deemed a waiver of, or in any way affect, the right of POST or District to insist upon the
performance by District or POST in accordance with said terms.
12.11 Time. Time is of the essence with respect to the performance of every provision
of this License in which time of performance is a factor.
12.12 Prior Agreements. Except for the Purchase Agreement, this License contains all
of the agreements of the Parties with respect to any matter covered or mentioned in this
License, and, except for the Purchase Agreement, no prior agreement or understanding
pertaining to any such matter shall be effective for any purpose.
12.13 Severability. Any provision of this License that shall prove to be invalid, void or
illegal in no way affects, impairs or invalidates any other provisions hereof, and all other
provisions shall remain in full force and effect.
HI
HI
5
POST AND DISTRICT, by their execution below, indicate their consent to the terms of
this License and Management Agreement.
For POST:
PENINSULA OPEN SPACE TRUST,
a California no-profit public benefit corporation
I
By:
Audrey C. Rust, President
Date:
For DISTRICT:
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
APPROVED AND ACCEPTED:
By:
L. Craig Britton, General Manager
Date:
APPROVED AS TO FORM:
By:
Susan M. Schectman, General Counsel
ATTEST:
By:
Sally Thielfoldt District Clerk
Date:
6
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-94
Meeting 06-18
July 26, 2006
AGENDA ITEM 4
AGENDA
Notice of Contract Completion for Construction of the Dusky-Footed Woodrat Trail at Pulgas Ridge Open
Space Preserve
GENERAL MANAGER'S RECOMMENDA y
Authorize the General Manager to execute the attached Notice of Completion for the Dusky-Footed Woodrat
Trail at Pulgas Ridge Open Space Preserve.
DISCUSSION
At the July 13,2005 Regular Meeting,the Board awarded the contract for the construction of the Dusky-
Footed Woodrat Trail(previously referred to as the Ridgetop Trail)at Pulgas Ridge Open Space Preserve to
Donald Hayes Trail Contractor, Inc. of Tahoe City, CA,in the amount of$119,716.80 plus a contingency
amount of up to$17,957.52, for a total amount not to exceed$137,674.32 (see Report R-05-73). The project
included construction of a 2.4-mile hiking trail with three(3)culverts,three(3)rocked fords and the
installation of two(2)pre-manufactured fiberglass-reinforced bridges similar to those installed recently at El
Corte de Madera Creek and Purisima Creek Redwoods Open Space Preserves.
Construction began in the fall of 2005. The contractor was able to rough in the trail,install the culverts and
fords, and complete one bridge before the onset of winter rains precluded further construction activities per
permit conditions. He returned to the site this spring and completed the grading work on the trail and installed
the second bridge. The District's Project Engineer reviewed the site and identified a number of additional
drainage and trail tread improvement projects that were not included in the contract documents. The
contractor completed a number of these projects using contingency funding. Staff determined that District
crew would be best suited to completing the remaining finish work,rather than amending the contract. This
work includes the placement of rock armor in a number of key locations along the trail,which will be
completed this summer. The trail will remain closed until the trail tread is moisture conditioned by the winter
rains and adequate compaction is achieved.
The work for which Donald Hayes Trail Contractor, Inc. was contracted is complete. Staff issued change
orders to Hayes in the amount of$17,800.00 to pay for remobilization costs this spring and to complete the
additional work identified by the Project Engineer. Therefore,the total amount payable to Donald Hayes Trail
Construction, Inc. for the project is $137,516.80.
The District will retain 10%of payment due to Donald Hayes Trail Contractor, Inc. for 35 days, in accordance
with the contract documents. By filing the Notice of Completion,this time frame allows staff to review
evidence that all payrolls,material bills, subcontractors, and other debts connected with the project have been
addressed.
Prepared by:
Matt Freeman, Planning Manager
Contact:
Meredith Manning,Acting Open Space Planner II
WHEN RECORDED MAIL TO:
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Ana Ruiz
NOTICE OF
COMPLETION
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District
("District"),pursuant to State law,that work to be performed under the contract heretofore made and executed by and
between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, as Owner therein and Donald Hays Trail
Contractor, Incorporated as Contractor therein,bearing the date July 27, 2005 for Ridgetop Trail Construction and
Bridge Projects located at San Mateo County County, State of California,was completed on the 13'h day of June, 2006.
Upon said contract, Westchester Fire Insurance Company was surety on the bond given by said Donald Hays Trail
Contractor, Incorporated, the said Contractor, as required by law.
That the title of the District to the real property upon which said work and contract was performed is that of fee title.
That the address of the Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos,CA 94022.
That the site address of the work is as follows: 3001 Edgewood Road, Pulgas Ridge Open Space Preserve, San Mateo
County, CA.
I certify,under penalty of perjury under the law of the State of California,that the foregoing is true and correct.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
L. Craig Britton
General Manager
Dated
Signed in Los Altos, California
ATTEST
Los Altos, CA
Clerk of the Midpeninsula Regional Open Space District Date Place
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Midpeninsula Regional Open Space District
# Amount Name Description
5207 $900.00 Aaron's Septic Tank Service Pumping Services-Hayes House
5208 $255,000.00 ## Alliance Title Company Land Acquisition-Interiano Property
5209 $10,000.00 *1 Alliance Title Company Escrow Deposit-Interiano Property
5210 $1,109.02 Anderson Engraving Engraving-201 Name Badges
5211 $100.00 Association Of Environmental Recruitment Advertisement-Planner 1/11
Professionals
5212 $17.52 AT&T Fax Service-FFO
5213 $413.78 Auto Glass Solutions 2 Windshields
5214 $85.00 Bill Korbholz Docent Training
5215 $650.00 Bill's Towing&Recovery Tow Truck Fees
5216 $297.22 California Water Service Company Water Service-FFO
5217 $2,886.31 Cascade Fire Equipment Company Field Supplies&Fire Protection Clothing
5218 $878.21 CDW Government, Inc. Computer Software-2 Copies Of Adobe Illustrator
5219 $1,324,98 Citation Press Printing Services-Trail Brochures
5220 $64.84 Clean Source Janitorial Supplies-AD
5221 $1,112.50 CMK Automotive Inc. Vehicle Maintenance&Repairs
5222 $1,831.75 Coastal Tractor Tractor Rental-Discing&Mowing SFO
5223 $2,125.00 Concern Employee Assistance Program Quarterly Fee
5224 $937.50 Concern Training
5225 $183.00 *2 County Of Santa Clara Demolition Permit Fee-North Residence
5226 $4,801.00 Dynamic Consultants, Inc. Special Inspections&Testing Services-Picchetti Winery
Seismic Upgrade Retrofit Project
5227 $11.56 FedEx Kinko's Copy Services
5228 $249.86 Forestry Suppliers, Inc. Field Supplies
5229 $59.28 G&K Services Shop Towel Service
5230 $78.08 Galls Incorporated Field Supplies
5231 $6,194.07 Hertz Equipment Rental Equipment Rental-Skip Loader&Large Excavator For
Storm Damage Repair
5232 $1,275.14 Jakaby Engineering Design&Engineering Services/Topographic Surveys-
Pedestrian Bridges At ECDM
5233 $374.97 Ken Nitz Reimbursement-SPD Forum Expenses
5234 $209.68 Lanier Worldwide,Inc, Quarterly Photocopying Charge
5235 $10,235.15 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas
Ridge
5236 $347.76 Life Assist First Aid Supplies
5237 $571.65 Los Altos Garbage Company Garbage Service-AO&FFO
5238 $60.00 Macke Water Systems,Inc. Water Dispenser Rental-Two Months
5239 $400.00 Matt Mann Web Design Services
5240 $311.78 McKowan, Paul Reimbursement-Volunteer Supplies&Mileage
5241 $150.00 Metro Mobile Communications Radio Repair
5242 $100.00 Newburn, Michael Reimbursement-Tuition
5243 $3,392.50 *3 Normal Data Database Consulting
5244 $572.71 Pacific Water Systems Water System Supplies
5245 $2,397.70 Patsons Media Group Printing Services-Brochures,Trail Guides&Envelopes
5246 $18.46 Pringle Tractor Co. Tractor Supply
5247 $163.08 Quality Toner Products Toner Cartridge
5248 $335.81 R.E.Borrmann's Steel Co.,Inc. Steel Stock
5249 $12.97 Rancho Ace Hardware&Garden Shop Field Supply
5250 $44,25 Rayne Water Conditioning Water Conditioning Service
5251 $2,507,84 Roy's Repair Service Vehicle Repairs&Service
5252 $226,20 San Francisco Chronicle Annual Subscription
Page 1 of 2
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Midpeninsula Regional Open Space District
# Amount Name Description
5253 $34.91 San Jose Mercury News Quarterly Subscription
5254 $92.52 State Board Of Equalization Diesel Fuel Tax
5255 $1,030.00 Summit Uniforms Uniform Expenses
5256 $747.04 Tadco,Supply Janitorial Supplies
5257 $4831 The Stay Well Company CPR Training Materials
5258 $178.82 Thielfoldt,Sally Reimbursement-Cell Phone&Mileage
5259 $2,107.30 Tires On The Go Tires
5260 $61.62 Turf&Industrial Equipment Co. Vehicle Supplies
5261 $190.46 United Site Services, Inc. Sanitation Services
5262 $444.09 Valterria,Thomas Reimbursement-Uniform Expense
Total $319,953.60
1 Urgent Check Issued 7/13/06
*2 Urgent Check Issued 7/17/06
*3 Urgent Check Issued 7/19/06
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 2 of 2
,�
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5207 $900.00 Aaron's Septic Tank Service Pumping Services-Hayes House
5208 -$e55-,Oee.-e& ## Alliance Title Company Land Acquisition-Interiano Property
$245,000.00 Alliance Title CionjDany SEE NOTE BELOW
5209 $10,000.00 *1 Alliance Title Company Escrow Deposit-Interiano Property
5210 $1,109.02 Anderson Engraving Engraving-201 Name Badges
5211 $100.00 Association Of Environmental Recruitment Advertisement-Planner 1111
Professionals
5212 $17,52 AT&T Fax Service-FFO
5213 $41178 Auto Glass Solutions 2 Windshields
5214 $85.00 Bill Korbholz: Docent Training
5215 $650.00 Bill's Towing&Recovery Tow Truck Fees
5216 $297.22 California Water Service Company Water Service-FFO
5217 $2,886.31 Cascade Fire Equipment Company Field Supplies&Fire Protection Clothing
5218 $878.21 COW Government,Inc. Computer Software-2 Copies Of Adobe Illustrator
5219 $1,324.98 Citation Press Printing Services-Trail Brochures
5220 $64.84 Clean Source Janitorial Supplies-AD
5221 $1,112.50 CMK Automotive Inc. Vehicle Maintenance&Repairs
5222 $1,831.75 Coastal Tractor Tractor Rental-Discing&Mowing SFO
5223 $2,125.00 Concern Employee Assistance Program Quarterly Fee
5224 $937.50 Concern Training
5225 $183.00 *2 County Of Santa Clara Demolition Permit Fee-North Residence
5226 $4,801.00 Dynamic Consultants, Inc. Special Inspections&Testing Services-Picchetti Winery
Seismic Upgrade Retrofit Project
5227 $11.56 FeclEx Kinko's Copy Services
5228 $249.86 Forestry Suppliers, Inc. Field Supplies
5229 $59.28 G&K Services Shop Towel Service
5230 $78.08 Galls Incorporated Field Supplies
5231 $6,194.07 Hertz Equipment Rental Equipment Rental-Skip Loader&Large Excavator For
Storm Damage Repair
5232 $1,275.14 Jakaby Engineering Design&Engineering Services/Topographic Surveys-
Pedestrian Bridges At ECDM
5233 $374.97 Ken Nitz Reimbursement-SPD Forum Expenses
5234 $209.68 Lanier Worldwide,Inc. Quarterly Photocopying Charge
5235 $10,235.15 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas
Ridge
5236 $347.76 Life Assist First Aid Supplies
5237 $571.65 Los Altos Garbage Company Garbage Service-AD&FFO
5238 $60.00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months
5239 $400.00 Matt Mann Web Design Services
5240 $311.78 McKowan,Paul Reimbursement-Volunteer Supplies&Mileage
5241 $150.00 Metro Mobile Communications Radio Repair
5242 $100.00 Newburn,Michael Reimbursement-Tuition
5243 $3,392.50 *3 Normal Data Database Consulting
5244 $572.71 Pacific Water Systems Water System Supplies
5245 $2,397.70 Patsons Media Group Printing Services-Brochures,Trail Guides&Envelopes
5246 $18.46 Pringle Tractor Co. Tractor Supply
5247 $163.08 Quality Toner Products Toner Cartridge
5248 $335.81 R.E. Borrmann's Steel Co.,Inc. Steel Stock
5249 $12.97 Rancho Ace Hardware&Garden Shop Field Supply
5250 $44.25 Rayne Water Conditioning Water Conditioning Service
5251 $2,507.84 Roy's Repair Service Vehicle Repairs&Service
5252 $226.20 San Francisco Chronicle Annual Subscription
Page 1 of 2
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5253 $34.91 San Jose Mercury News Quarterly Subscription
5254 $92.52 State Board Of Equalization Diesel Fuel Tax
5255 $1,030,00 Summit Uniforms Uniform Expenses
5256 $747.04 Tadco Supply Janitorial Supplies
5257 $48.71 The Stay Well Company CPR Training Materials
5258 $178.82 Thielfoldt,Sally Reimbursement-Cell Phone&Mileage
5259 $2,107.30 Tires On The Go Tires
5260 $61.62 Turf&Industrial Equipment Co. Vehicle Supplies
5261 $190.46 United Site Services, Inca Sanitation Services
5262 $444.09 Valterria,Thomas Reimbursement-Uniform Expense
5263 R $351.84 Apple One Office Temp-Receptionist
5264 R $60.00 Bankosh,Michael Reimbursement-Cell Phone
5265 R $434.39 Britton,L.Craig Reimbursement-CA JPIA Annual Meeting
5266 R $97.03 California Water Service Company Water Service-AO
5267 R $23,800,00 Cascade Fire Equipment Company 2 Fire Pumper Units
5268 R $461.09 Dell Account Software-Public Affairs
5269 R $72.33 Federal Express Express Mailing
5270 R $5,045.75 First Bankcard Field Supplies-1,541.04 Office Supplies-43.99
Computer Exp-439.80 Docent Supplies-103.07
Business Mtgs-700.60 Training-550.00 SPDF Exp-
572.34 Advertising/Subscriptions-244.95 Vehicle
S upplies-228.76'Rental Residence Refrigerator-621.20
5271 R $68.09 Fitzsimons, Renee Reimbursement-Mileage
5272 R $5,998.80 Frederic Knapp,AIA Construction Management Services-Picchetti Winery
Seismic Upgrade
5273 R $20,047.73 John Deere Tractor&Accessories
5274 R $904.21 Office Depot Office Supplies
5275 R $290.87 Petty Cash Parking/Mileage,Local/Out Of Town Business Meetings,
Field Supplies,Docent Supplies&Office Supplies
5276 R $130.47 Sanguinetti,David Reimbursement-Mileage
5277 R $58.96 Second Cup Caf6 Local Business Meetings
5278 R $1,180.25 Target Specialty Products Landscaping Supplies
5279 R $45.13 United Parcel Service Parcel Shipping
5280 R $190.46 United Site Services Sanitation Services
5281 R $391.85 Verizon Wireless Cell Phone Service
Total $369,582.85
*1 Urgent Check Issued 7/13/06
*2 Urgent Check Issued 7/17/06
*3 Urgent Check Issued 7/19106
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Note: Correction to obligation #5208 which included
$10,000.00 Escrow Deposit.
Page 2 of 2
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5207 $900.00 Aaron's Septic Tank Service Pumping Services-Hayes House
5208 -$25570%.e& ## Alliance Title Company Land Acquisition-Interiano Property
$245,000.00 Alliance Title Coupany SEE NOTE BELOW
5209 $10,000.00 -1 Alliance Title Company Escrow Deposit-Interiano Property
5210 $1,109.02 Anderson Engraving Engraving-201 Name Badges
5211 $100.00 Association Of Environmental Recruitment Advertisement-Planner 1/11
Professionals
5212 $17.52 AT&T Fax Service-FFO
5213 $413.78 Auto Glass Solutions 2 Windshields
5214 $85.00 Bill Korbholz Docent Training
5215 $650.00 Bill's Towing&Recovery Tow Truck Fees
5216 $297.22 California Water Service Company Water Service-FFO
5217 $2,886.31 Cascade Fire Equipment Company Field Supplies&Fire Protection Clothing
5218 $878.21 COW Government,Inc. Computer Software-2 Copies Of Adobe Illustrator
5219 $1,324.98 Citation Press Printing Services-Trail Brochures
5220 $64.84 Clean Source Janitorial Supplies-AO
5221 $1,112.50 CMK Automotive Inc. Vehicle Maintenance&Repairs
5222 $1,831.75 Coastal Tractor Tractor Rental-Discing&Mowing SFO
5223 $2,125.00 Concern Employee Assistance Program Quarterly Fee
5224 $937.50 Concern Training
5225 $183.00 *2 County Of Santa Clara Demolition Permit Fee-North Residence
5226 $4,801.00 Dynamic Consultants,Inc. Special Inspections&Testing Services-Picchetti Winery
Seismic Upgrade Retrofit Project
5227 $11.56 FedEx Kinko's Copy Services
5228 $249.86 Forestry Suppliers, Inc. Field Supplies
5229 $59.28 G&K Services Shop Towel Service
5230 $78.08 Galls Incorporated Field Supplies
5231 $6,194.07 Hertz Equipment Rental Equipment Rental-Skip Loader&Large Excavator For
Storm Damage Repair
5232 $1,275.14 Jakaby Engineering Design&Engineering Services/Topographic Surveys-
Pedestrian Bridges At ECDM
5233 $374.97 Ken Nitz Reimbursement-SPD Forum Expenses
5234 $209.68 Lanier Worldwide, Inc. Quarterly Photocopying Charge
5235 $10,23515 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas
Ridge
5236 $347.76 Life Assist First Aid Supplies
5237 $571,65 Los Altos Garbage Company Garbage Service-AD&FFO
5238 $60.00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months
5239 $400.00 Matt Mann Web Design Services
5240 $311.78 McKowan,Paul Reimbursement-Volunteer Supplies&Mileage
5241 $150.00 Metro Mobile Communications Radio Repair
5242 $100.00 Newburn,Michael Reimbursement-Tuition
5243 $3,392.50 *3 Normal Data Database Consulting
5244 $572.71 Pacific Water Systems Water System Supplies
5245 $2,397.70 Patsons Media Group Printing Services-Brochures,Trail Guides&Envelopes
5246 $18.46 Pringle Tractor Co. Tractor Supply
5247 $163.08 Quality Toner Products Toner Cartridge
5248 $335.81 R.E.Borrmann's Steel Co.,Inc. Steel Stock
5249 $12,97 Rancho Ace Hardware&Garden Shop Field Supply
5250 $44.25 Rayne Water Conditioning Water Conditioning Service
5251 $2,507.84 Roy's Repair Service Vehicle Repairs&Service
5252 $226.20 San Francisco Chronicle Annual Subscription
Page 1 of 2
Claims No. 06-14
Meeting 06-18
Date 7/26/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5253 $34.91 San Jose Mercury News Quarterly Subscription
5254 $92.52 state Board Of Equalization Diesel Fuel Tax
5255 $1,030.00 Summit Uniforms Uniform Expenses
5256 $747.04 Tadco Supply Janitorial Supplies
5257 $48,71 The Stay Well Company CPR Training Materials
5258 $178.82 Thielfoldt,Sally Reimbursement-Cell Phone&Mileage
5259 $2,107.30 Tires On The Go Tires
5260 $61.62 Turf&Industrial Equipment Co. Vehicle Supplies
5261 $190.46 United Site Services,Inca Sanitation Services
5262 $444.09 Valterria,Thomas Reimbursement-Uniform Expense
5263 R $351.84 Apple One office Temp-Receptionist
5264 R $60.00 Bankosh,Michael Reimbursement-Cell Phone
5265 R $434.39 Britton,L.Craig Reimbursement-CA JPIA Annual Meeting
5266 R $97.03 California Water Service Company Water Service-AO
5267 R $23,800.00 Cascade Fire Equipment Company 2 Fire Pumper Units
5268 R $461.09 Dell Account Software-Public Affairs
5269 R $72.33 Federal Express Express Mailing
5270 R $5,045.75 First Bankcard Field Supplies-1,541.04 Office Supplies-43.99
Computer Exp-439.80 Docent Supplies-103.07
Business Mtgs-700.60 Training-550.00 SPDF Exp-
572.34 Advertising/Subscriptions-244.95 Vehicle
Supplies-228.76Rental Residence Refrigerator-621.20
5271 R $68.09 Fitzsimons,Renee Reimbursement-Mileage
5272 R $5,998.80 Frederic Knapp,AIA Construction Management Services-Picchetti Winery
Seismic Upgrade
5273 R $20,047.73 John Deere Tractor&Accessories
5274 R $904.21 Office Depot Office Supplies
5275 R $290.87 Petty Cash Parking/Mileage,Local/Out Of Town Business Meetings,
Field Supplies,Docent Supplies&Office Supplies
5276 R $130.47 Sanguinetti,David Reimbursement-Mileage
5277 R $58.96 Second Cup Caf6 Local Business Meetings
5278 R $1,180.25 Target Specialty Products Landscaping Supplies
5279 R $45.13 United Parcel Service Parcel Shipping
5280 R $190.46 United Site Services Sanitation Services
5281 R $391.85 Verizon Wireless Cell Phone Service
Total $369,582.85
•1 Urgent Check Issued 7/13/06
*2 Urgent Check Issued 7/17I06
*3 Urgent Check Issued 7/19/06
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Note: Correction to obligation #5208 which included
$10,000.00 Escrow Deposit.
Page 2 of 2
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manager
DATE: July 26, 2006
RE: FYI's j
i
i
hMIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Kristi Altieri
July 18, 2006 Public Affairs Specialist
(650)691-1200
DISTRICT JOINS STATEWIDE EFFORTS TO COMBAT
WEEDS DURING CALIFORNIA INVASIVE WEEDS
AWARENESS WEEK
-- Volunteer project to remove invasive yellow star thistle provides
opportunity for the public to get involved `hands on' --
WANTED: Dead weeds and "lively" volunteers --
LOS ALTOS, CA [July 18, 2006] —WHO: In celebration of California Invasive Weeds Awareness
Week, held July 17-23, 2006, the Midpeninsula Regional Open Space District will host a volunteer
project to remove invasive, non-native yellow star thistle at Skyline Ridge Open Space Preserve. The
District regularly coordinates more than 250 community volunteers in its Preserve Partners program for
land maintenance and restoration projects. The California Invasive Weeds Awareness Week volunteer
project highlights the ongoing year-round activities.
WHY: Invasive weeds in California, including on District lands, interfere with natural resources and
habitat for native plants and animals. California Invasive Weeds Awareness Week is an opportunity to
bring attention to the problems caused by invasive plants, and to educate the public about the importance
of weed control and how they can participate. As many invasive species are spread by human activities,
knowledgeable communities can help stop the spread of invasive weeds and prevent new infestations.
HOW: The District developed a Resource Management Five-Year Strategic Plan to support the District's
mission"to protect and restore the natural environment." Key goals in the Plan include strategically
removing non-native, invasive species on District lands, such as yellow star thistle, proactively preventing
new occurrences of invasive species, and protecting and enhancing habitat for native species and the
natural biodiversity of District preserves.
WHAT: Approximately 30 volunteers (spaces are still available) and staff will be hand-pulling invasive,
non-native yellow star thistle in the tree farm restoration area of Skyline Ridge Preserve. Removing
invasive, non-native vegetation at this site is one step in the process outlined in the Preserve's Master Plan
to establish a native ecosystem and restore the area to natural conditions.
Hand pulling is one method in the District's "toolbox"to control and eradicate yellow star thistle, and is
an effective technique to use this time of year. Other invasive plant control methods the District
implements includes mowing, prescribed burning, cutting, and select herbicide application.
WHEN: Saturday, July 29, 2006, 9:30 a.m. —2:00 p.m.
Refreshments, instruction, and an of the necessary project tools will be p. .ided. Project participants will
also be treated to a lunchtime presentation on the history of the area and will receive a giveaway.
To sign up for this project, or for more information, contact volunteer Ld)openspace.or or call 650-691-
1200.
Located in the Palo Alto foothills, the 2,143-acre Skyline Ridge Preserve offers visitors ten miles of trails,
including two one-mile easy-access trails that encircle Alpine Pond and Horseshoe Lake, and views of the
Lambert Creek watershed, Butano Ridge, and Portola State Park.
Photo opportunities can be arranged; please contact the District in advance if you're interested in
attending the volunteer project.
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
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: District Clerk
July 10 t )2006 650 691-1200
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 ayear. 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
Regional Open Sp --e
----------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 12, 2006
Brian Bower
4205 Mowry Ave, Apt. #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
,he 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 C r,
Board of Directors, President
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 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
Regional Open Spuce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 13, 2006
Dan Zuras, President
Group70
president@group70.org
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
selecting Mt. Umunhum as a possible site to install a 70-inch telescope. Your comments
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
i
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
nt 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 aruiz openspace.org. Also, I invite you to visit the master plan project
website for more information at: www.openspace.or masterplan.
Sincerely,
L� II
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:info@openspace.org • Web site: www.openspace.org
i
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manager
DATE: July 26, 2006
RE: FYI's
INTEROFFICE MEMORANDUM
July 21, 2006
TO: L. Craig Britton, General Manager
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month June Year 2006
DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS
Bicycles Stolen vehicle I
Closed area 0 1 False information I
Speed 3 11 Resisting peace officer I
Helmet 6 18 Assault I
Night riding 0 0 Verbal intimidation I
Dogs Auto burglaries I
Prohibited area I I Attempted theft I
Off-leash 10 12 Marijuana cultivation I
Off-road vehicles 2 3 Fraudulent registration tags I
Closed area 5 8
After hours 8 11 ACCIDENTS/INCIDENTS
Fishing 0 0 Bicycle accident 5
Vandalism 0 2 Equestrian accident 0
Parking 20 27 Hiking/running accident I
Parking after hours 22 27 Other first aid 2
Dumping 0 3 Search & Rescue I
Camping 0 0 Vehicle accident I
Campfires 0 1 LZ air evacuation 0
Weapons Fire 0
Actual contact 0 1
Evidence of 0 0 ENFORCEMENT
Vehicle closed area 0 0 Parking citations 42
Group w/out permit 0 1 Other citations 39
Smoking 0 5 Written warnings 44
Reckless driving 2 2 Arrests 0
Disturbing geologic features 0 1 Police assistance 2
Illegal trail construction 0 1
Remote control car 0 1 MUTUAL AID
Nudity 0 1 Accident 3
Encroachment 0 1 Fire I
Headphones 1 2 Law enforcement I
Urinate in public I I LZ for offsite 0
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
5/27 (Reported 6/4)At Purisima an equestrian was verbally threatened by a cyclist. The equestrian was
trying to tell the cyclist(who had no helmet, was speeding, and who had a loose dog in a prohibited
area to use more caution when around equestrians.
2 Neighbors were hiking and heard a chainsaw operating in the Blackberry Hill area of Sierra Azul.
They showed a ranger where the possible encroachment began. It turned out to be a recently cleared
single-track trail extending uphill for about 1/4 mile. The District Land Protection Specialist has
been advised.
4 Rangers patrolling the Loma Prieta area of Sierra Azul discovered a vehicle parked in an area closed
to public access. The vehicle had a current 2006 registration tag, but came back as having an
expired registration as of December, 2005. Two subjects were located after a short foot patrol past
an additional "Area Closed," sign. The couple was cited for a closed area violation,warned for
IIIweapons (two hatchets and a hoe with a sharpened metal rod attached to it were confiscated), warned
for collecting rocks (several rocks were in the woman's backpack), and the registration tag was taken
as evidence. It is a felony to use fraudulent registration tags. The vehicle registration information
has been forwarded to the Santa Clara County District Attorney's Office.
7 At Skeggs Point parking area for El Corte de Madera, a person committed suicide by shooting
himself in the head with a handgun. A District ranger was the first to locate the person and
associated vehicle.
6 Two cars were burglarized at Skeggs Point. Nothing was taken from one vehicle,but a backpack with
personal items was taken from the second vehicle.
9 Two rangers patrolling in the Mt. Umunhum area of Sierra Azul for after-hours use heard an off-road
motorcycle in the area beyond a locked gate. The rangers stopped the motorcyclist and attempted to get
identification. He declined, stating he was visiting a friend up the road. In an attempt to flee he drove at
the rangers,hit the District patrol vehicle,and then left the area. No one was injured and no damage
occurred to the District vehicle.
10 A ranger patrolling in the Pheasant Road area of Sierra Azul observed two people rummaging through a
dump pile on the side of the road. The couple stated they were cleaning up,but they were creating a larger
mess in the roadway. Later they claimed to be taking aluminum for recycling. They left abruptly and the
ranger ran the license plate. The vehicle came back as stolen. The ranger relayed the information to
Santa Clara County Sheriffs and San Jose Police. He followed a short distance until the couple turned
onto a side street off Camden Ave.
18 & On two separate occasions reckless driving citations were issued to motorists for spinning donuts in
24 the Skyline Ridge gravel lot.
22 Various drug use paraphernalia was found at Thomewood,partially buried with a graveyard marker
identifying the location. People could 'sign in' on the graveyard marker.
25 The Skyline maintenance supervisor responded to a fire in southeast Santa Clara County near Henry Coe
State Park. He brought the new water tender/tanker at the request of CDF. The fire, known as the China
Fire, was in a remote area not easily accessible to vehicles.
26 A person at Skyline Ridge parking lot was cited for urinating in public. The ranger saw an open alcoholic
container in the person's vehicle. CHP and SMSO were requested. A field sobriety test was conducted
but the person was under the legal limit. CHP issued a citation for the open container.
25 At La Honda Creek in the former Paulin area two local juveniles were cited for riding their motorcycles in
a prohibited area. This has been an ongoing problem in this area.
June vandalism
11 A ranger observed that the Monolith doors on the former base at Mt. Umunhum had been pried open to
gain access. Maintenance personnel had secured the building on June 7.
18 Two split rails on a fence at the entrance to Coal Creek were sawed off.
Regional Open Space
my 27, 2006
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Kevin Murray
San Francisquito Creek Joint Powers Authority
701 Laurel Street
Menlo Park, CA 94025
Dear Mr.Murray,
The Mid peninsula Regional Open Space District(District)appreciates the work you and your
organization are doing for the San Francisquito Creek watershed and commend you on the progress
you have made on the Flood Damage Reduction and Ecosystem Restoration project with the U.S.
Army Corps of Engineers. In particular,the District is interested in the scope of the ecosystem
restoration component of the project as it may pertain to the upper watershed and headwaters areas
where the majority of District land is located. We would appreciate any additional information that
you could provide regarding this aspect of the project.
In response to your request for information related to the District's long-range planning documents,
I have asked staff to determine which of the District's planning documents would be of assistance
to you in your future conditions projections. As you may be aware,the District is a California non-
enterprise special district that operates under a different enabling legislation(5500 et seq. of the
Public Resources Code)as compared to other jurisdictions within the watershed. Therefore,we do
not have many of the planning documents that you have requested. Specifically, the District does
not have a storm drain master plan nor does the District prepare a General Plan detailing projected
changes in land use for the District's land holdings. Because we maintain our Open Space
Preserves as a regional greenbelt in perpetuity,we do not anticipate any change in land use for any
of our lands within the San Francisquito Creek watershed. However, I have included a copy of the
District's Master Plan and Regional Open Space Study for your information.
The District is in the process of conducting regional studies that will likely lead to the development
and implementation of both habitat restoration projects for fisheries as well as erosion control and
sediment reduction projects. The first study being conducted is an assessment of the District's road
and trail systems within the San Francisquito Creek watershed. This assessment will identify all
sites of active or potential erosion as well as the suitability and maintenance requirements of all
stream crossings within the District's road and trail system. Information from the assessment will
then be used to prioritize sites for treatment to minimize erosion and sediment delivery to natural
water bodies.
If you would be interested in obtaining information about this,we can add your organization to the
District's database that is used for public mailings and notices of District actions. Please contact
the D* trict's Resource Planner,Kirk Lenington at(650)691-1200 if you have any questions or
the D tric"s Resource lanner,-""r sourZ tio �o wo d li e more information about this project.
ncerely,
L.T i.n
Craig Britton,
General Manager
LCB:kI.jb
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 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
A--
SAN FRANCISQUITO CREEK
JOINT POWERS AUTHORITY
EAST PALO ALTO ■ MENLO PARK ■ PALO ALTO • SAN MATEO COUNTY FLOOD CONTROL DISTRICT ■ SANTA CLARA VALLEY WATER DISTRICT
June 26, 2006 RECEIVED
Craig Britton
General Manager JUL 05 2006
Mid-peninsula Regional Open Space District ;A?DPENlNWLA REGIONAL OPW
330 Distel Circle SPACE DWWT
Los Altos, CA 94022
Dear Mr. Britton,
The U.S. Army Corps of Engineers (COE) and the San Francisquito Creek Joint Powers
Authority (JPA) have begun the second phase, commonly referred to as the Feasibility Phase,
of a Flood Damage Reduction and Ecosystem Restoration project for San Francisquito Creek
Watershed and the bay-front tidal areas of East Palo Alto, Menlo Park and Palo Alto.
Among the initial tasks within the Feasibility phase, our project team is collecting information
about the physical characteristics and dynamics of the watershed. We are requesting your
assistance in this information gathering effort.
A standard procedure of the COE, in considering these types of projects, is to develop a 50-
year without project conditions summary. This determines what the hydrologic characteristics
of the watershed are likely to be 50 years in the future if no project is built.
To assist in projecting future conditions in the watershed, we request that you make available
for our planning efforts:
1. Your Entity's Storm Drain Master Plan
2. General Plan that details changes in land use that can be expected in the future
3. Conceptual designs for proposed or approved development/restoration projects within
the San Francisquito watershed.
This information is vital for developing an understanding of the future characteristics and
hydrology of the watershed. Designing components of the COE/JPA project will need to
consider how land use changes may alter how water moves through the system in the future.
Please be assured that this is not a review of municipal planning documents with intent to
regulate or influence the future actions of the municipalities within the watershed; it is simply
an information gathering effort to assist the COE and JPA in making decisions about what
types of flood damage reduction and ecosystem restoration project components to implement
in the future, and the appropriate scale of those components.
AN AGENCY EMPOWERED TO PROTECT AND MAINTAIN SAN FRANCISQUITO CREEK AND ITS ENVIRONS
701 LAUREL STREET N MENLO PARK, CA 94025 Is PHONE: 650/330-6765 0 FAX: 650/328-7935 2 sfcreekjpa@menlopork.org
If you have any questions, the JPA staff can be reached at (650) 330-6765. Please send hard
copies of documents to:
SFCreek JPA - Attention Kevin Murray
701 Laurel Street
Menlo Park, CA 94025
Or electronic copies to: kmurray@menlopark.org
I'd like to personally thank you for your attention to this matter.
Sincerely,
qynt is D'Agosta, Executive Director
cc: Alvin James,East Palo Alto City Manager
David Boesch,Menlo Park City Manager
Frank Benest,Palo Alto City Manager
Angela Howard,Portola Valley Town Administrator
Susan George,Woodside Town Manager
John Maltbie, San Mateo County Manager
Peter Kutras Jr,Santa Clara County Executive
Chris R. Christofferson, Stanford University Associate Vice Provost for Facilities
Craig Britton,Mid-peninsula Regional Open Space District General Manager
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
To: Board of Directors
From: L.Craig Britton,General Manager
Date: June 28, 2006
Prepared by: Cindy Roessler
Re: Monthly Summary Report-Resource Planning and Management Projects
(June 2006)
In response to suggestions made by the Board last month, staff has made revisions to the monthly
summary report of resource planning and management projects. A report for June activities is
attached.
Any new projects that were not identified in the current year's Action Plan and budget will be
specifically identified as new in the progress column. The report continues to identify the Lead
Department rather than a specific person, since several individuals often coordinate on these
activities. Board members should continue to direct any policy-oriented questions about projects
through either the General Manager or the Department Heads. In the annual resource
management workshop presented to the Board every October, staff will make sure to address the
proportion of work completed by staff,consultant,contractors,volunteers or other work groups,
and compare the general methods by which work is completed(e.g. mowing versus spraying for
the removal of invasive plants).
On a monthly basis,numerous staff members work on resource management projects. As we
strive to clearly describe all the resource management work in a summary fashion for the Board,
we expect to make additional small adjustments in this reporting format.
IF
Resource Planning and Management Program Page 2
Monthly Summary:June 2006
Natural Resource Planning and Management Lead Progress
Project/Description Department
Vegetation Management
Wildland Fuel Management Operations Disced fuel breaks at BCR,FO, PIC,RSA(79
hours).
Sierra Azul/Bear Creek Redwoods OSP and La Circulated RFP and selected consultant to
Honda Master Plans Wildland Fuels Management Planning provide services for wildland fuels
Element mana ement element for Master Plans.
Sprayed French broom at Bear Creek
Redwoods OSP,thistle at Long Ridge OSP,
Invasive Plant Control-Various Operations fennel at Monte Bello OSP,and pulledKlamath weed(new invasive plant)at
Horseshoe Lake in Skyline Ridge OSP(184
hours).
Training Operations, Attended Grazing for Biological Conservation
Planning workshop.
Invasive Vegetation Management at Pulgas Ridge Operations Sprayed acacia and broom(12 hours).
OSP
District-wide Vegetation Classification Planning Ground-truthed preliminary classification of
data for San Francis uito Creek Watershed.
Planning Issued RFP for grazing consulting services
Grazing Consultant Operations
Real Pro a and distributed to partner agencies.
Water Quality Protection
Dennis Martin Creek Bridge at Thornewood Planning Selected consultant for design and
engineering.
Received bids for installation of four new
ECdM Watershed Protection Program Planning bridges and began reroute of Giant
Salamander Trail.
* Operations Initiated Request for Public Assistance with
FEMA—Spring Storms Disaster Planning FEMA for damaged facilities.
Road and Trail Erosion Inventory Planning Selected consultant for San Francisquito
Creek Watershed preserves.
Water Quality Sediment Monitoring Operations Monitored stream conditions and provided
Creek training
at La Honda C ee OSP.
Wildlife Management
Bluebird boxes Operations Monitored nesting.
Pulgas OSP Dusky-footed Woodrat Trail Completed baseline San Francisco dusky-
Monitoring Planning footed woodrat nest monitoring for mitigation
monitoring program.
Ravenswood OSP Predator Management Planning Negotiated draft 5-year contract with USDA
Legal Wildlife Services.
�` Denotes project not included within FY 06-07 Action Plan.
Integrated Resource Planning and Management Program
Monthly Summary: June 2006
Natural Resource Planning and Management Lead Progress
Project/Description Department
Cultural Resources
Continued seismic retrofit to upgrade historic
Picchetti Ranch Winery Planning building and received one-year grant
extension from Santa Clara County Historical
Heritage Commission.
Ecological Restoration
Grassland Restoration Operations Mowed Front Meadow at Rancho San
Antonio for yellow starthistle control.
Environmental Remediation
Pulgas Soil Investigation Planning Amended contract with LFR to complete
source removal and scheduled activities.
Rare,Threatened and Endangered Species
Management
Volunteers&staff pulled yellow starthistle
Rare plant protection Operations from newly discovered patch of rare
ewelflower at St.Josephs Hill(50 hours).
Completed additional surveys for
Sensitive Amphibian and Reptile Survey Planning southwestern pond turtle and San Francisco
arter snake.
Resource Inventory
Operations, Surveyed Miramontes Ridge property to
New Property Assessment Planning assess conditions of facilities and natural
resources.
Resource Program Planning and Policy Development
Made presentation to Blue Circle group
Public Outreach Operations (associated with San Mateo County Resource
Conservation District)on invasive plants.
Conducted study session with the Board to
Resource Management Program Evaluation All discuss Resource Program elements and
introduce ESA report and ideas summary
table.