HomeMy Public PortalAbout20061213 - Agenda Packet - Board of Directors (BOD) - 06-29 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 06-29
SPECIAL AND
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:30 p.m.
Wednesday, December 13, 2006
330 Distel Circle, Los Altos, California
Please Note: 7:30 p.m. Regular Meeting Start Time
At the conclusion of the Board's public Agenda Items, the Board will meet in Closed Session to
consider Closed Session Agenda Items I and 2.
AGENDA*
7:30 SPECIAL AND REGULAR MEETING OFTIIE BOARD OF Ditit"("roits OFT11E MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ROLL CALL
ORAL COMMUNICATIONS--Public
ADOPTION OF AGENDA—J. Cyr
ADOPTION OF CONSENT CALENDAR—J. Cyr
WRITTEN COMMUNICATIONS
7:40* SPECIAL ORDER OF THE DAN
Resolution Honoring Del Woods
Resolution Honoring Mary Gilman
BOARD BUSINESS
7:50* 1 Appointment of Unopposed Candidates in Wards 1,2, 5,and 6; Adopt Resolution AppointingL,Unopposed
Candidates Peter W. Siemens, Ward 1; Mary C. Davey, Ward 2;Nonette G. Hanko, Ward 5; and
Larry R. Hassett, Ward 6; Administer the Oath of Office to Appointed Directors- S. Rice
8:00* 2 Legislative Briefing by Ralph Heim;No action is necessary -C. Britton
8:30 3 Proposed Purchase of Peninsula Open Space Trust(Stevens Canyon Ranch) Property as an Addition to
Saratoga Gap Open Space Preserve(Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-
0 16, -039, and 503-06-024); Determine that the Recommended Actions as set out in the Report are
Categorically Exempt from the California Environmental Quality Act, Adopt Resolution Authorizing
Purchase of Post(Stevens Canyon Ranch)Property; Adopt the Preliminary Use and Management Plan
Recommendations and Name the Property as an Addition to Saratoga Gap Open Space Preserve; Indicate
Intention to Dedicate the Property as Public Open Space—D. Woods/M. Williams
8:50* 4 Authorizing General Manager to Waive Certain Closing Conditions to Purchase Agreement-Bargain Sale
for the Purchase of POST(Driscoll Ranch) Property,(San Mateo County Assessor's Parcel Numbers 078-
270-010, -020, -030; 078-290-010.-020, -30, -060;082-140-020; 082-170-010,-040); Located in
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McohngO6'29 Page
Unincorporated Sun Mateo County Adjacent to Highway 84. aaon Addition W La Honda Creek Open Space
Preserve; Authorizing General Manager to Execute a Contract with ACE USA for Pollution Liability
Coverage for the Driscoll Property for a Contract Arnount of$204,180 plus $6,482.72 for Required State
Taxes and Fees for a Total Amount of$210,662.72; Authorizing General Manager to Waive the Residential
� Lease Agreement with Driscoll Ranches, LLC and Kc\med Documents as m Closing Condition of the
� Purchase Agn:omcor—M. Williams
�
� 9:10~ 5 Dedication Status of District Lands; Adopt Resolution Dedicating Interests in Certain District Lands for
� Public Open 8puoc Putpoaeo— D. \Vnmda
9:20 * 6 Approve^Mid'ycmr Amendments mthe 2006'2007 Fiscal Year 8udgct� Accept the District Controller's
� Mid-Year Financial Report; Adopt Resolution Implementing an Amendment to the 20U6-20O7 Fiscal Year
Budget in Accordance with the Administration and Budget Committee Rccommendmion—B. Rice
�
� 9:30* 7 Annual Report m Shareholders of Guadalupe Lund Co. us Owners of Property Adjacent»o tile Mt.
� Urnunhum Area of Sierra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Numbers;
� Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of'Guadalupe Land Co.
—C. @ritton
� *** O Approval o[Proposed Amendment No. \ to Unsecured Promissory Note with MmumMcKonnuyoo Part oy
� the Purchase of tile Former McKarmay Property Addition to the Mt. Unlunhurn Area of Sierra Azul Open
Space Preserve; Adopt Resolution Approving and Authorizing Execution n[Amendment No. \ to
Unsecured Promissory Note with K4xum McKunnay as Part of the Former MuKonnoy Property Purchase—
K4. Williams
*** V Authorize the Reclassification of the Kuu| Property Specialist Class Specification, Amendment(Including
� Title Change)tothe Land Protection Specialist C|uuo Specification and Adopt Resolution Amending the
Position Compensation and Classification Plan; Authorize an |ncouac in tile Kco| Properly Salary and
Benefits Budget to Account for tile Higher 8u|ury of the Existing Real Property Specialist Position —S.
Rice
*** 10 Authorization to Amend Contumtnidh Environmental Science Associates w Complete on Environmental
Krviov for Possible Exchange of Property Interests with Ridge Vineyards, Adjacent to k4ume Bd|n Open
� Space 9ruyorvc Authorizing Ocnuru} Manager to Amend,he Existing Contract with Environmental Science
Associates in the amount of$16,580, for a Total Authorization Amount not to Exceed$41,495 to Complete
an Environmental Review for u Pummih|c Exchange of Property Interests with Ridge Vineyards, Adjacent to
K4omc Bello Open Space Preserve—D. Woods
uev/spocLA/NIs
9:40* INFORMATIONAL REPORTS—Reports oncompenmub|c meetings attended, Brief Reports cx announcements concerning
activities of District Directors and Staff, opportunity to refer public or Board questions to staff for factual information;
! oquoy| staff to report back rn the Board on matter at a future meeting;or direct staff to place a matter on o future
agenda.
9:55* c/uScoSuy*|nv
� 1. Conference with Real Property Negotiator'California Government Code § 54958.8
Rcu\ Property - Peninsula Open Space Trust(Tunimo Creek)property(San Mateo County Assessor's
Parcel Numbers O66'26O-O4O;O8l-090-8ZO. '040.'O5O. located in unincorporated San Mateo County
adjacent toTunitamCreek Road)usun addition/othe District Preserve syp/cm
� Agency Negotiator' Michael Reeves
Ncgohadn& Party- Walter Moore �
Under Negotiation ' Price and Terms �
� 2. Cnnfcncnmc with Legal Counsel ' Anticipated Litigation; Initiation of Litigation Linder California �
Government Code § 54956.9(c): one case �
| 1
Meeting 06-29 Page 3
10:25* Al).10[:RNMFN'f
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 oJ'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)69 1-1200. Notification 48 hours prior to the meeting will enable the District to make
re,isonable arrangements to ensure accessibility to this meeting.
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-155
Meeting 06-29
December 13, 2006
AGENDA ITEM 1
AGENDA ITEM
Appointment of Unopposed Candidates in Wards 1, 2, 5, an
GENERAL MANAGER'S RECOMMENDATI
1. Adopt the attached resolutions appointing unopposed candidate Peter W. Siemens, Ward 1;
candidate Mary C. Davey, Ward 2; candidate Nonette G. Hanko, Ward 5; and candidate
Larry R. Hassett, Ward 6, each to a four-year term respectively as Ward 1, Ward 2, Ward 5,
and Ward 6 Directors. Their terms will begin on January 1, 2007.
2. Administer the Oath of Office to appointed Directors.
DISCUSSION
Section 5532(e) of the District's enabling legislation states in part that the Board of Directors
shall appoint unopposed candidates who have been nominated. Section 5532(e) specifies that the
Board of Directors shall make the appointment and that the person appointed shall qualify and
take office and serve exactly as if elected for office.
Peter W. Siemens of Los Gatos is the unopposed candidate nominated for the position of
Director in Ward 1.
Mary C. Davey of Los Altos Hills is the unopposed candidate nominated for the position of
Director in Ward 2.
of Director
t urinated for theposition
h no unopposed candidate nominated G. Hanko of Pala Alto is the u
Nanette G pp
in Ward 5.
Larry R. IJassett of LaHonda is the unopposed candidate nominated for the position of Director
in Ward 6.
shall be issued
of Section 5532 certificates of election
In accordance with other provisions (g), ,
and the Oath of Office will be administered within 30 days of the appointment, and at least 15
days before the start of the January term.
Prepared by:
Carolyn Butler, Deputy District Clerk
Contact Person:
Sally Rice, District Clerk
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING DIRECTOR—WARD 1 OF THE
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director— Ward I of the Midpeninsula Regional
Open Space District was scheduled to be held on November 7, 2006; and
WHEREAS, at five o'clock p.m. on the 88"' day prior to the date of said election only
one person had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and;
WHEREAS, Peter W. Siemens was unopposed as a candidate for DirectW— Ward 1;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
Peter W. Siemens
Is appointed Director— Ward I of said District, is duly qualified for the office of Director—
Ward I of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 7, 2006 general district election for said office.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District this 13th day of December, 2006 by the following vote:
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING DIRECTOR—WARD 2 OF THE
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
II
WHEREAS, an election for the office of Director— Ward 2 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 7, 2006; and
WHEREAS, at five o'clock p.m. on the 88t" day prior to the date of said election only
one person had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and;
WI IEREAS, Mary C. Davey was unopposed as a candidate for Director— Ward 2;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
Mary C. Davey
Is appointed Director— Ward 2 of said District, is duly qualified for the office of Director—
Ward 2 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 7, 2006 general district election for said office.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District this 13th day of December, 2006 by the following vote:
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING DIRECTOR—WARD 5 OF THE
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director— Ward 5 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 7, 2006; and
WHEREAS, at five o'clock p.m. on the 88"' day prior to the date of said election only
one person had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and;
WHEREAS, Nonette G. Hanko was unopposed as a candidate for Director— Ward 5,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
Nonette G. Hanko
Is appointed Director— Ward 5 of said District, is duly qualified for the office of Director—
Ward 5 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 7, 2006 general district election for said office.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District this 13th day of December, 2006 by the following vote:
RESOLUTION NO,
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING DIRECTOR—WARD 6 OF THE
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WHEREAS, an election for the office of Director— Ward 6 of the Midpeninsula Regional
Open Space District was scheduled to be held on November 7, 2006; and
WHEREAS, at five o'clock p.m. on the 881h day prior to the date of said election only
one person had been nominated for the position to be filled at that election; and
WHEREAS in accordance with Section 5532(e) of the Public Resources Code, the Board
of Directors, at a regular or special meeting shall appoint to the office the person who has been
nominated, and;
WHEREAS, Larry R. Hassett was unopposed as a candidate for Director— Ward 6,
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula
Regional Open Space District, that, pursuant to and in accordance with Section 5532 of the
Public Resources Code,
Larry R. Hassett
Is appointed Director— Ward 6 of said District, is duly qualified for the office of Director—
Ward 6 of the Midpeninsula Regional Open Space District and shall take office and serve exactly
as if elected at the November 7, 2006 general district election for said office.
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District this 13th day of December, 2006 by the following vote:
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-154
Meeting 06-29
December 13, 2006
AGENDA ITEM 2
AGENDA ITEM
Legislative Briefing by Ralph Heim
GENERAL MANAGER'S RECOMMENDAT44W
No action is necessary.
DISCUSSION
Ralph Heim of Public Policy Advocates, the District's legislative consultant in Sacramento, will
attend your December 13, 2006 meeting. He will be discussing the outcome of November's
election and its possible effect on the upcoming State legislative session.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Save as above
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Regional Omen Space
MAI0PEN|MSWLA REGIONAL OPEN SPACE DISTRICT �
�
| R-X-|47
Meet/ngO6-2Y
December l3. 2O06
� ���l�����& U-�l��� �
^"~�"�'""~=° � " =�^`" °
AGENDA8TEM
� Proposed Purchase of Peninsula Open Space Trust(Stevens Canyon Ranch) Property as an Addition to
Saratoga Gap Open Space Preserve (SantaClara Parcel Numbers 503 O4 0O|,
5O3-O5-O|6, -O30. and 5U]-O6'0Z4)
� .
GENERAL MANAGER'S RECOMMENDATIONS �
� |. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act nm set out in this Report.
2. Adopt the attached Resolution authorizing purchase ofthe Peninsula Open Space Trust(Stevens
Canyon Ranch) Property.
� 3. Adopt the Preliminary Use and Management Plan recorn me nclat ions contained in this Report and
name tile property aa ail addition to Saratoga Gap Open Space Preserve.
4. Indicate yourintention to dedicate the property uspublic open opuoc.
� DISCUSSION
|n February 2005. the District entered into License and Management /\gnccnncot with Peninsula Open
Space Trust (POST)to manage the 238.15-acre Stevens Canyon Ranch Property. POST acquired this
property in December 2004, and with assistance frorn Midpeninsula Regional Open Space District �
(District) staff, has been seeking funding Support from the Santa Clara Valley Water District(SCVWD). �
At its December 12, 2006 meeting, SCVVVD is scheduled to approve en agreement to purchase m Riparian
Conservation Easement from POST for $\.hmillion.
� |n July 2O06, the California Coastal Conservancy and the District entered into u grant agreement that
provided $500,000 in grant flulds to assist the District ill purchasing the Stevens Canyon Ranch Property
from POST. In addition, the District intends to utilize$|,240,]l8 in Roberti-Z`[3orgBunis Block Grant
funds from tile State Park Bond Act of 2002 (Proposition 40)toward the purchase of the property.
� DESC0I137[UON (see attached map) '
The 230.)5-ucrc property b located in tile Cupertino foothills along Stevens Canyon Road, and isSituated
� between Monte Bello and Saratoga Gap Open Space Preserves and (Lower) Stevens Creek County Park.
� Located oil the north-facing slopes of Stevens Canyon,the property's diverse landscape includes
grassland, meadows, orchards, and redwood groves along year-round creeks in deeply cut canyons. The
landscape attracts a variety of wildlife and offers outstanding recreational opportunities. Its strategic
location between protected public lands in the upper and |ov/cr Stevens Creek watershed makes it ail ideal �
site for public staging area with parking for aregional trail system. The property has been n family |
' R-06-147 Page
ranch since the |080a, and still retains the atmosphere of ail earlier age. /\n old stone winery with un
upper residence, weathered outbuildings, and an apple and pear orchard are visible reminders of the
agricultural heritage oy Santa Clara Valley.
The property is bounded by District land to tile southwest and northwest, and private property to the
north, cast, and southeast. Stevens Creek County Park shares u common boundary with tile property near
the northeast corner. Although the property feels remote and secluded, itis only y short drive from
� High*/ay28O in Cupertino orHighway 05 in Saratoga. Stevens Canyon Road provides the primary
� access. The property's mile-long northeastern boundary aJ6oina the road with six separate entry points.
� The first leads to a large flat open area that is ill very close proximity to the road. The second leads tothe
� former caretaker's cabin. The third goes{othe homestead area that includes the old stone winery, main
� house, orchard, swimming pool, and surrounding Outbuildings. The fourth entry point provides access<o
u large [umni|y picnic area next tom tributary o[Stevens Creek. The fifth ioon the north side n[Stevens
Canyon Road and provides access tou private life estate within Stevens Creek County Park; d includes u
bridge that crosses Stevens Creek. The last entry point is located off Redwood Gulch Road, which is a
steep twisting road that descends from State Highway 9 to Stevens Canyon Road past the southeastern
corner o[the property.
The lower part of the property imfairly fla|--a rarity in this steep-sided canyon—while the upper part im
steep. The property rises about \,O00 feet between Stevens Creek and Saratoga Gap Open Space
Preserves, its north-facing slopes cut by three tributary creeks. Heading LIP from Stevens Creek, one
passes through diverse plant communities including redwood forest, orchard, grassland, oak woodland,
and mixed evergreen forest. Numerous edges between these habitats, abundant water from springs and �
creeks, and tile secluded, rugged terrain all attract wildlife from the surrounding public lands. Biological �
analysis of the property indicates that it supports a wide variety of wildlife species common to the Stevens
Creek watershed.
�
By 1900, loggers had cleared Stevens Canyon o[timber upin Skyline Boulevard (State Routc35); large
old stumps and a shingle splitter's stone oven remain here as evidence of this use. Tall second-growth
� trees now cover tile property, including redwood, Douglas fit-, madrone, bay, tanoak and many species of
� oak. &o immense old-growth redwood near the creek is living reminder ofhow the forest might have
�
looked originally. Grassy knolls create openings in the forest with wide-ranging views. A population of
runc Santa Clara red ribbons c|urkiugrows ill one meadow along with ynmu|| stands ofpurple nccd\egnaas. �
! Water-rich ovvu|cm n�urthccr��km are uurp�}cd with ferns. The loose, O.iub|c soil ouxuuts burrowing
�
' |
mumnuu|a. /t previous owner believes she saw an endangered California Tiger Salamander here. Deer
� are common, indicating that this is also prime mountain lion habitat. �
� �
Bmgidm0nrdibought the property in |8Ql, clearing and cultivating about |O0acres. Be planted on �
� orchard and wvineyun], and started asma|| family winery. His original main house, built atop u stone-
walled
�
� wine oc||�c �d|| s�u�dm as the ucntnm| building on |h� pompu��. The winery doors, with their faded
�
, 1
| paintings of two dancing ladies, open onto a cool, dark interior where wine casks were stacked to the
� ceiling—some are still there. The Glendenning family acquired the property inthe l950s and continued
|
using itaau family ranch until it was sold to Peninsula Open Space Trust(P()ST) in December20O4.
The orchard includes many pear and apple trees; POST has worked with u local urbodmito prune and
' maintain doau productive orchard. �
Well-maintained ranchroad form ready-made i| system on thewith two mainhiking trails.
One passes the historic i h uh the orchard, and ascends to a vistapoint
� madoonc-mhmdcd knoll oil the eastern edge of the property. The d trail, following l the
�
�
�
� �
R-06'147 Page
tributary creeks, climbs toward the northwestern boundary on the road leading up toward the Heather
Heights subdivision, The area where two tributaries meet overlooks deep pools and large boulders, and
iaucool and inviting spot 0m rest orpicnic.
With the purchase of this property, there are excellent opportunities for two important regional connecting
trails. The first would cross over Stevens Creek and ascend northward to the planned Stevens Creek Trail
between Monte Bello Open Space Preserve and Stevens Creek County Park. The District and Santa Clara
County have long been cooperating to purchase properties and trail rights on the north side of Stevens
Canyon Road in order{o complete this trail. Tile second trail would extend from the northwestern
boundary of the Stevens Canyon Ranch property through Saratoga Gap Open Space Preserve to the
segment ufthe Bay Area Ridge Trail south m[SaraioguGap. This new trail would provide access tothe �
regional tnni|heudat Saratoga Gap and connect with the Sky|ine'to-thc-8cu Trail, Castle Rock State Park,
� Sanborn County Park, Long Ridge Open Space Preserve and numerous other preserves along Skyline
| Hmu|evunJ,
�
USE AND MANAGEMENT PLAN �
/
� Planning Considerations
� The property im located in ail unincorporated area of Santa Clara County. {{ is zoned HS (RiUside)`
requiring one dwelling unit per 160 acres, unless the development is clustered, whereby tile allowable
density viaboaedontheavcruge steepness of the property. The property has m potential density o[seven �
�
! dwelling units. The property would be easy to develop for residential purposes due to tile access along
� Stevens Canyon Road, developed interior roads, and desirable home sites. �
�
The District's Open Space Master Plan indicates that the property has moderate imhigh open space
values. 'file District's Regional Open Space Study shows the property uu land worth considering for open
� space protection, and is located in the vicinity of a potential trail connecting Stevens Creek Canyon to
Saratoga �
Gap and the Bay Area Ridge Trail. The Santa Clara Countywide Trails Master Plan shows the 1
property between the Bay Area Ridge Trail and the proposed Stevens Creek Trail. i
When POST acquired the property in 2004, it rented the main house above the winery to friends of the
ac||cr`s family. The Rental Agreement was later assigned to the District u\the time the District's License
and Management Agreement went into effect. The tenant has been responsible for maintaining the water
systems and driveway, and For securing and maintaining the swimming pool. The tenant will continue iu
oyyome these responsibilities upon transfer ofthe property tothe District. �
POST also rented the second residence to the long-time caretaker of the property, which was also
assigned tu tile District uy part o[the License and Management Agreement. However, this small one-
bedroom cabin was vacated during the summer of2OO5, and remains uninhabited. Initially, the oe||cr`e
caretaker lived in this residence, which consists of a small cabin situated adJ acent to Stevens Canyon
Road. Following the departure uf the caretaker, District staff assessed the structure and determined it
required mubatunhu| improvements in order to bring it up to a standard for the District's rental,program.
The cabin has an illegal septic system with no leech field, no heating system, and a non-potable water
system. Because n[the cuhin`a proximity{othe easternmost creek on the subject property and Stevens
Creek, there may not be auU5cieut setbacks to inmiu|| u |ccoh Gc|d that would meet with County
requirements. The estimated cost 10 install upermitted septic symtenm, drill uvve||, install a heating system, |
and bring the cabin up to minimum habitability standards is between $55,000 and $75,000. �
The creek running through the eastern portion of tile property Sustained erosion and bank slippage during
the 1982 "El Nino" storms. During these storms, debris from a private property tothe south was
�
R'00-147 Page
dispersed into the upper portion o[this creek. Staff will work with the neighbor and the appropriate
regulatory agency toclean up the area and address future bank erosion in the creek. �
� Riparian and Conservation Easement
| The Santa Clara County Water District's Riparian and Conservation Easement is for the purpose of �
preserving and protecting the natural creeks and riparian corridors o[the property. Tile easement includes
restrictions that limit the activities and improvements that call be made within defined corridors along the �
two main creeks and their tributaries. It does not restrict the types u[activities and improvements that
normally occur on public open space preserves such uy1rai| use. |t also does not restrict uses on the vast �
majority of the property outside of the creek corridors. Under the terms of the easement the following �
�
uses are prohibited: �
| ~ Commercial or industrial use �
�
� r New structures and improvements, excepting those trails and utilities that are described �
� below
w Disturbance k/the property such ae excavations or removal m[vegetation
� 0 Dumping orstorage yards
Permitted uses and activities within the easement area include: �
| * Continued use of residence above winery, garage, small parking area, barn, swimming �
� pool and other auxiliary structures and improvements �
� w Continued agricultural (nrohurd) uses �
� * Existing roads and trails, and bridges as well as a firnited number of new trails and creek
� crossings �
9 Existing picnic area
�
� ~ Existing water system
Existing and new utilities associated with new public ucocmm facilities orugricu|U/ru| �
� activities. �
Planning Process �
The Preliminary Use and Management Plan will take effect u*the close o[escrow and remain in effect
until an Interim or Comprehensive Use and Management Plan, or Master Plan is developed for the
property. Such planning efforts require a public planning process whereby neighbors and other interested
� parties are encouraged to participate. These plans take into consideration the property's natural and
� cultural rcauurcc*` relationship$o nearby private and public lands and, in this particular instance, the
� restrictions contained in the Santa Clara Valley Water District's Riparian and Conservation Easement.
� Until u more detailed plan ia developed, the property will remain closed /opublic use, but limited use of �
�
the picnic area will be allowed under the provisions ofa pert-nit system, which is bow it has been since the
�
District started managing the property for POST in2UO5. Also, staff will develop u permit system for
hiking use that will be available to those determined to have had rights to do so under the prior property `
�
owners. �
� )n addition k`the normal planning process which may not bc underway for several years, the District im �
� scheduling ucommunity meeting for neighbors and in|cocsVcd parties who would like to learn more about �
� the District's lands, planning process and generally discuss interests and concerns regarding existing and �
� future land uses in the canyon area. 'file meeting iy going}obc scheduled in February mr March 2OO7. �
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective �
until the Plan is amended mruComprehensive or Use and Management Plan or Master 9|un is prepared, �
�
as noted above.
�
N-06'147 Page 5
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 Om1uoc, the plan vvwu|d be subject to further environmental review
and public input. �
Public /\cueea: Closed to general public use od this time; limited public use allowed by permit only. �
Signs: Boundary and regulatory signs will he placed where appropriate. �
�
Structures: Residential Ncn|u| Agreement will be continued for homc above winery; caretaker residence,
in u state o[disrepair, will be removed-, hurom and other outbuildings will renoain vacant.
Picnic Grounds: Grounds, tables, and walking bridge will be maintained. �
Orchard: Seek arrangement with POST tocontinue maintaining the orchard.
� Patrol: Routinely patrol the property.
Name: Name the property amun addition 0m Saratoga Gap Open Space Preserve. �
Site Safety Inspection: A comprehensive inspection has been completed and no hazards were found. '
�
Dedication: Indicate your intent to dedicate this property as public open space.
CEQA COMPLIANCE
Project Description
The project con*imtao[purchasingu238.|5-ucn: pvopertyumunudditiontnSu000goUapVpon8poce
� Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. The
orchard will be maintained, main residence will continue to be rented, and uninhabited caretaker's
| residence will beremoved. Ultimately, the property will bc included in the Comprehensive Use and
Management Plan for Saratoga Gap Open Space Preserve. The land will be permanently preserved as
� open space and maintained inu natural condihon �
� �
CEQA/0ekurmimmkiom
The District concludes that this project vvi|| nothaveuui@pificun1uDec1onthe environment. It is
categorically exempt from CE[)/\ (California Environmental Quality Act) under Article 19, Sections
|5]O|, |53|6, |5J|7, |5325, and \5O6| of the CE(}& Guidelines.
Section 15301 exempts operation, n:puic maintenance, permitting, leasing, licensing, mr minor alteration
m[existing public or private y{nucturem, huci|ibcy, mechanical equipment, or topographical Uou\urce,
involving negligible o,no expansion of use beyond that existing oithe time o(the lead agency's �
�
determination. The Use and Management Plan specifies the property will 6e operated and maintained in o
natural condition and there will be no expansion of use; the property will be closed to the public except
under upermit. The main residence will continue tobc rented and the uninhabited caretaker's residence,
now iva state u[disrepair, will be removed.
Section 153 16 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes o/ keep the area inu natural condition. Tile Use and Management
Plan specifies that the land will not be developed and will remain in a natural condition. �
Section |53|7exem[4* theuuceptunccnfftcintvpum/minordcrx` muintuinihcopen-epucechermcUurwfan �
�
�
R-06-147 Page
area. The District will acquire fee interest and maintain tile open-space character o[the area. No new �
development im proposed us part uf this project.
| Section 15325 exempts transfers uf ownership ofinterests in land in order to preserve open space. This �
i acquisition will transfer fee ownership o[the property k/ the District and ensure that it will hcpreserved
� as public open space by incorporating it into the Saratoga Gap Open Space Preserve.
This acquisition qualifies under four sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section |5O6|, ue there imnopossibility the actions may have a �
significant effect onthe environment.
TERMS & CONDITIONS
The238.|5-uore Stevens Canyon Ranch property is being purchased at a price of$5,000,000 or
approximately $20,955 per acre. In December Z004, POST purchased the property for $6,600,0O0.
matching an offer on the property from a private buyer who intended to build a large home on the ridge
along the western boundary of the property. 'File property consists o[fbur parcels, and has seven potential
building sites under Santa Clara County`a zoning. POST has entered into Funding Agreement with
S[YVVOio protect the two perennial creeks on the property. SCVVV[)will provide $|.6million in
funding to POST. As part of the grant funding agreement between SCVWD and POST, a Riparian
� Conservation Easement will be recorded that covers the two creeks bisecting the property 1oprotect the
� natural watershed and riparian habitat of the property while providing for ecologically sensitive public
enjoyment of the property, including open space and |ov/ intensity recreation trail use. The District will
� purchase the property subject to this Easement, and will receive acorresponding $).6 million discount in
the purchase price from POST. ln the unlikely event that the 8CVVVD Board o[Directors does not
� approve tile Funding Agreement with POST, the purchase of the POST(Stevens Canyon Ranch) property
� will bc continued 1oa future Board meeting.
�
Tile District has successfully obtained a $500,000 grant frorn the San Francisco Bay Conservancy
� Program administered by the California Coastal Conservancy(see Report R-06-87). &a part o[the grant
� funding agreement with the Coastal Conservancy, the District is required to record a deed restriction
ensuring that the property protects habitat preservation, public recreational access,open space and
agricultural use. The attached Resolution authorizes execution of an It-revocable Offer to Dedicate Title
in Fee with the Coastal Conservancy, mernorializing the terms and conditions of the grant. The District
will also utilize $1,240,3 18 from the Robert i-Z'Berg Harris Block Grant Program Under the Clean Water,
Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act o[20O2 (Proposition 40).
Therefore, the District wi|| apply atotal o[$1,740,318 in grant funding toward the purchase o[the subject
property. Combined with the SC\/VVD contribution o[$|.600,U00, tile total grant funding for this �
property will bc $3,34O,3|0, or approximately 5|Y6of the purchase price originally paid by POST. �
�
The property im being purchased on an "as-is" and oiu[[hoaoonduu��dduedi|i�unoc investigations
- , �
and inspections uf the property. As part of this transaction,the District will assume responsibility for the �
clean up and removal of the uninhabited cabin at an estimated cost of$15,000; this amount will be �
included in the 2007'2008 fiasa| year budget usu cost associated with the purchase ofthe property. Staff
has reviewed all of Santa Clara County's property records and files, and is satisfied that no underground
storage tanks or hazardous conditions exist oil the property.
�
� Staffhas been working with POST to prepare a management plan for POST's continued use and
� management o[the orchard. POST has been working with m professional urbode(to prepare the plan,
� which will provide for continued production of apples and pears. POST also plans to use the orchard
occasionally for fund raising events. Staff will oume back to you with an orchard license agreement with
�
R-06-147 Page 7
POST in accordance with the District's use and management policies for approval by the Board at a
future meeting.
BUDGET CONSIDERATIONS
2006-2007 Budget for New Land Purchases
New Land $19,755,120
New [,and Purchased this year *(8,210.974)
POST(.Stevens Canyon Ranch)Property (5,000,000)
POST(Driscoll Ranch) *(4,000,000)
New Land Purchase Budget Remaining $2,544,146
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.
*The Board previously approved payment of a deposit of$5,000,000 toward the full purchase price of
$9,000,000 for the POST(Driscoll Ranch) property on August 9, 2006.
Public Notification
Property owners of land adjacent to or surrounding the subject property have been mailed written notices
of this license and Management Agreement.
Prepared by:
Del Woods, Senior Real Property Planner
Michael C. Williams, Real Property Manager
Maps prepared by:
Erica Simmons, Open Space Technician
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, AUTHORIZING OFFICER OR
GENERAL MANAGER TO EXECUTE IRROVOCABLE OFFER TO
DEDICATE TITLE IN FEE AND AUTHORIZING GENERAL MANAGER
TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (SARATOGA GAP
OPEN SPACE PRESERVE— LANDS OF PENINSULA OPEN SPACE
TRUST)
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 Peninsula Open Space Trust, a
California non-profit, public benefit corporation and Midpeninsula Regional Open Space District, a
California public agency, a copy of which is attached hereto and by reference made a part hereof, and
authorizes the President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to
execute the Irrevocable Offer to Dedicate Title in Fee memorializing the terms and conditions of the
Grant Agreement with the California Coastal Conservancy, which is providing matching grant funds for
the District's purchase of the Stevens Canyon Ranch property.
Section Three. The General Manager of the District 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 Four. 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 Five. 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 Six. It is intended, reasonably expected, and hereby authorized that the District's General Fund
will be reimbursed in the amount of$5,000,000 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.
Stevens Canyon Ranch Area Map
Or ha
—�P -r ik�x
i
Upper t
Stevens Monte �-
Fremon a
Tabie Mountain '- — ---!` Piechetti4; Older
Creek Bello OSP
County Ranc OSP
Park _
S, Bello
Saratoga Stevens Creek County Park
e (Lae Step®g
Ge/ Estate)
Gap
, . Stevens Canyon Ra
- Open _Y
ge
Space
Preserve -� S
_\--yam.,_ �� • p < <F��_
Ra
�(o.AeJ
I l
` � Saratoga Gap'K =T " J -
�J + ;� II Open Spaced -
� ��� -�_ li Preserve
Skyline-Sanborn
County Parki %
G w,.,,IW:abpa_C"A 8*�es-8edcei_9aw 60ARD ea e
/
PURCHASE AGREEMENT
This Agreement(hereinafter caUed ' Agreement") is made and ent6red into bvand
� between PENINSULA {)PEN SPACE TRUST, u California non-profit, public benefit corporation,
|
(hereinafter called "POST"), and the MIDPENfNSULA REGIONAL OPEN SPACE DISTRICT, a public
district formed pursuant toArticle 3of Chapter Jof Division 5of the California Public Resources Code,
(hereinafter called "Diokiut"). �
�
RECITALS
WHEREAS, POST was organized uounon-profit charitable corporation tosolicit, receive
and hold gifts, legacies, devises and conveyances of real and personal property for public park,
conservation and open space purposes, all in a manner cornplementary to activities of District; and
WHEREAS,the property and assets of POST are irrevocably dedicated to said purposes
and no part of the property.and assets of POST shall ever incur to the benefit of any individual; and
� ~ WHEREAS, POST 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
� \VH2RE/\8, District was /hnned by voter initiative to solicit and receive conveyances of
�
real property by purchase, exchange, gift, or bargain purchase for preservation, public park, recreation,
scenic and open space purposes; and
� WHEREAS, District desires to purchase said property for open space preservation and as �
�
part nfthe ecological, recreational, aesthetic, agricultural and natural resources of the midpcninsu|aancu;
and
� WHEREAS, POST out of desire to promote public welfare, and share the natural and �
� scenic beauty and enjoyment oftheirpropertywitbthocihzenyofihernidpeninmu|uureu, horehyuQrceoto
uo|| and convey the entirety ofsaid property toDistrict, and District wishes to purchase said property upon
� the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration ofdbe6onugoin8recbm|nundthcmutum| promises �
� and covenants herein contained, the parties hereto agree aofollows: �
|. Purchase and Sale. POST agrees to ye|| to District and District agrees to purchase from
PC)8]` POS17ym:u| prop��y )ouu��dp/i1h�n �nuninxorporu��d �r�aofth�Count� of8untmC|uru State of
� ` ,
California, containing approximately Two hundred thirty eight and fifteen hundredths (238.15)acres, more
or less, and commonly referred tous Santa Clara County Assessor's Parcel Numbers 503-04'001, 503-05- �
8)6, 5O3-U5-U39und503'O6'024. Said real property ia further described in the Legal Description attached �
� to Preliminary Report number 54)709l9 from North American Title Company dated October 24, 2000. &
copy ofsaid Preliminary Report is attached hereto as Exhibit "/\"' 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 tothe aforesaid lands, and any and all improvements attached or
affixed thereto. All of said n:u| property and appurtenances shall hereinafter becalled the "Subject
Property" or the "yroperty."
�
|
�
Purchase Agreement Page
2. Purchase Price. The total purchase price("PurchusePhce") for the Property shall be Five
Million and No/100 Dollars ($5,000,000.00), which ohu|| he paid in oomh at the "Closing" as defined in
Section 3hereof
3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 10 �
herein, an escrow shall be opened at North American Title Company, 497 N. Santa Cruz Avenue, Los
Gatos, CA95030(40D)]99-4\O0 (�mcrnwnumb�r�4>7O9l�)oroth�rh|)�uonmpanyacocp�ob|��mDimirict �
' �
and POST(hereinafter"Escrow Holder") through which the purchase and sale oftile Property shall be
consummated. /\ fully executed copy of this Agreement shall be deposited with £ocmuw Holder to serve as �
escrow instructions to Escrow Holder provided that the parties ohu|| execute such additional oupp|cnmentar9 �
or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may he
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.
Ea000vv 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 um herein provided, with the following terms and
� conditions to apply tosaid escrow:
�
A. Tile tinncprovided for in the escrow for the close thereof shall be oil or before
Deocnnbcr29, 2006. The term "Closing" an used herein ahu|| bedoemedto be the date when Escrow
Holder causes the Grunt Deed and Grant Deed of Riparian Conservation Easement(as defined below) to
bc recorded in the [)fficenf the County Recorder of Santa Clara County.
B. POST and District shall, during the escrow period, execute any and all documents
and perform any arid all acts reasonably necessary or appropriate to consummate the purchase and sale
pursuant totile tcm000f this Agreement. |
C. POST shall deposit, or cause to he deposited, into the escrow on or before the |
� Closing: i
(i) An executed and recordable Grant Deed of}lipuriunConservation
�
� '
� Easement between POST, aoG dS���|am �h Wat
er uoGom�� �� th
e
riparian conidorxofthe Subject Property as described and shown in Exhibit"Q"
(ii) An executed and recordable Grunt Deed, covering the Property as
described in said Exhibit"A". �
D. District shall deposit into the escrow, oil o,before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly executed
bv District and tohe dated mmuf the Closing;
(ii) District's check payable to Escrow Holder in the amount of
Four Million Nine Hundred Ninety nine Thousand and No/l0O I)o||am ($4,999,000.00), which is the
balance ofthe Purchase Price of Five Million and No/)OO Dollars uompecificd in Section 2. The balance �
of$l,O0O is paid into escrow in accordance with Dnodon lOof this Agreement. �
E. District shall pay the escrow fees,the CLTA Standard Policy ofTitle Insurance, if
required by District, and all recording costs and fees. All other costs orexpenses not otherwise provided
for in this Agreement shall be apportioned or allocated between District and POST in thc manner
customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through
escrow between District and POST uaofthe Closing based upon the latest available tux information using
the customary escrow procedures.
Purchase Agreement Page 3
F. District shall cause North American Title Company, or other title company
acceptable to District and POST, 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$6,600,000.00 for the
Property showing title to the Property vested in fee simple in District, subject only to: (i) current real
property taxes; (ii)exception numbers 6, 7, 8, 9, 10, 11, 12, 13, 15 and 16 as listed in Preliminary Report
No. 54170919 dated October 24, 2006; (iii)the District shall take title subject to the Riparian Conservation
Easement Deed and Agreement between POST and Santa Clara Valley Water District attached hereto as
Exhibit"B"and (iv)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 of Riparian Conservation Easement between POST and Santa Clara Valley
Water District to be recorded first, and the Grant Deed covering the Subject Property and attendant
Certificate of Acceptance to be recorded second 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 POST Escrow Holder's check for the full purchase price of the
Subject Property(less POST's portion of the expenses described in Section 3.E.), and to District or POST,
as the case may be, all other documents or instruments which are to be delivered to them. In the event the
escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of
value deposited in the escrow to the party depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event this
Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any
further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow,
all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow
cancellation charges(subject to rights of subrogation against any party whose fault may have caused such
termination of escrow), and each party expressly reserves any other rights and remedies which it may have
against any other party by reason of a wrongful termination or failure to close escrow.
5. POST's Representations and Warranties. For the purpose of consummating the sale and
purchase of the Property in accordance herewith, POST 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. Authority. POST 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 POST to District now or at the Closing have been or will be duly authorized and executed and
delivered by POST and are legal, valid and binding obligations of POST sufficient to convey to District the
Subject Property described therein, and are enforceable in accordance with their respective terns and do
not violate any provisions of any agreement to which POST is a party or by which POST may be bound or
any articles, bylaws or corporate resolutions of POST.
6. Waiver of Relocation Benefits and Statutory Compensation. POST and District
understand and agree that POST 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
� Purchase Agreement Page
| &moimtonue Act, Government Code Section 7260 p/suq. PDSl-hereby waives any and all existing and/or
future u|uimmorrights POST may have to any relocation umointancc, benefits, procedures, or policies as
provided in said laws ur regulations adopted there under and to any other compensation, except us
provided in this Agreement. POST has been advised amtothe extent and availability ufsuch benefits,
| procedures, notice periods, and assistance, and freely and knowingly waives such o|uiom*, rights and notice
periods except as set forth in this Agreement, including the fair market value of said Property.
7. This ou|e is made without representation or warranty by POST,
except um expressly set forth in this Agreement. District represents, warrants, acknowledges and agrees
that it has had hu|| and ample opportunity prior 1othe 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 .
0. 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 |mv by reason
of its potential for banu to bunouu health or the environment because of its flammability, toxicity,
reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation,
polychlorinated bipheny|m, benzene, asbestos, petroleum, peho|cum by-produoLa, 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 ctxeg.) and
the Resource Conservation and Recovery Act(42 D.S.C. Section 6901 etxeg.)
B. Representations and Warranties. For the purpose ofcmnmumnmnatin8 the sale and
� purchase ofthe Property, POST makes the following representations and warranties to District, which shall
�
� survive close ofescrow, each of which is material and is being relied upon by District:
�
(i) To POS7-"m knowledge the Property does not contain and has not
� previously contained any Hazardous Waste mrunderground storage tanks, and no Hazardous TVomte has
been oriu being used, manufactured, handled, generated, stored, treated, discharged, present, buried of-
disposed of on, under orabout the Property, or transported to or from the Property, nor has POST
undertaken, permitted, authorized or suffered any uf tile foregoing;
�
(ii) POST has not received any notice and POST has no uutuo| 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
�
proucedings, to determine that there in upn:xencc, release, threat ofrelease, placement on, under orabout �
the property` or the use, rnanufbcturc, 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 �
VVuytz, nor has POST received any communication fimn any such person or governmental agency or
� authority concerning any such matters.
�
� C. Indemnity. POST shall indemnify, defend and hold hunn|eam District from and
against and all o|uinno, liabilities, losses, damages, and costs incurred or suffered by District, including
without limitation, attorney, engineering and other professional or expert fees,tothe extent arising from
any breach nf the warranties or representations contained herein. P081F"m obligation to indemnify, defend �
� and hold hnnn|uum pursuant to this Section 8 shall not apply where, based on its own iuupcodonu` testing,
evaluations and knowledge of the Property, District knew or had reason to know of the existence of any
Hazardous Waste or underground storage tanks on, under, or about the Property prior to the Closing.
�
-
Purchase Agreement Page
9. Miscellaneous Provisions.
A. Access for Investigations. In addition to its rights under the License and
Management Agreement concerning the Property entered into by District and POST un February 9, 2005,
from the date POST 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("DimtrictParties=) may, upon the giving ofreasonable advance
written notice to P(}S7` enter upon the Property for the purpose of inspecting, testing and evaluating the
� sonnc; provided, however, that District may not perform any work oothe Property without 90S1'`aprior
� written consent, which shall not be unreasonably withheld or delayed and further provided that District
shall give POST at least 24 hours' prior notice ofeach proposed entry byDistrict. District shall indemnify,
protect, defend and hold POST free and harmless born and against any and all claims, actions, causes of
action, suits, proceedings, costs, expenses(including, without limitation, noumouuh|e attorneys' fees and
costs), liabilities,darnages, and liens caused by the activities of District Parties while upon the Property
prior to the Closing; provided, however,the foregoing indemnity yhu|) not cover or include any c|abnu`
damages or liens resulting from District's discovery of any Hazardous Waste or other pre-existing adverse
conditions pursuant to its inspections, testing orevaluation. District's inspections obul| be at District's sole
expense. District shall repair any damage tothe Property that may ho uuuocd by District Parties while on �
the Property performing its inspections.
�
B. Choice of Law. The internal laws nfthe State ofCalifornia, regardless ofally
choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the
� interpretation nf the rights and duties of the parties.
C. Amendment and Waiver. The parties hereto may by mutual written agreement
anoend this Agreement in any respect. Any party hereto may: (i) vvuivc any inaccuracies in representations
� and warranties made hythe other party contained in this Agreement or in any documents delivered
pursuant hereto; (ii) 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(iii) 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 take any actions and execute ally documents necessary or
appropriate to closing escrow and comp|eting this conveyance. Any agreement on the part of any party for
any such amendment, extension or waiver must bc in writing.
D. Rights Cumulative. Each and all of the various rights, powers and renoedieuofthe
parties shall he considered 1obecunnu|u1ivewith and in addition to any other rights, powers and remedies
which the parties may have mt law orin equity inthe event of the breach uf ally of the terms ofthis
Agreement. The exercise orpartial exercise of any right, power orremcdyshall neither constitute the
exclusive election thereof nor the waiver of any other right, power urremedy available to such party.
E. Notices. Whenever any party hereto desires nriu required to give ally notice,
demand, or request with respect tothis 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 nr sent by facsimile transmission by telex, to|euopy,tc|c8ruph or cable or other similar electronic �
medium` addressed as indicated as follows:
�
�
\ � �_
Purchase Agreement pu&e 6
POST: Peninsula Open Space Trust
30UO Sand Hill Road
� Bldg. #l, Suite 155
Menlo Park, C/\ 94025
Attn: Audrey Rust, President
� TEL: (050) 854'7096
�
FAX: (650) 854'7703
� District: Midpcnioou|uDLegionu| Open Space District
330 Z)iute| Circle
Los Altos, CA94822
Attn: L. Craig Britton, (}enene1 Manager �
TEL: (050) 69]-1200
� F&}{: (550) 091'0485
�
�
If sent by telegraph, facsimile copy or cable, ammfirmed copy of such te i 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 oho]} he deemed complete on the date ofactual delivery as indicated by �
the addressee's registry orcertification receipt o,ut the expiration of the third (3md) business day after the
� .
� date ofmailing, whichever iu earlier in time. Either party hereto may from time 1otime, by notice in
writing served upon the other as aforesaid, designate u different mailing address oru 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 nhu|| not satisfy the requirement ofwritten notice as provided in this �
� Section.
F. Severabilfty. If any of the provisions of this Agreement are held tohe void or
� unenforceable by or as a result of a determination of any court of competent jurisdiction,the decision of
which is legally binding upon both of the parties, the parties agree that such determination obu|| not result �
�
� in the nullity urunnnfbrueuhi\ity of the remaining portions uf this Agreement. The parties further agree to
replace such void or unenforceable provisions which will achieve, to the extent possible, the economic,
� business and other purposes of the void or unenforceable provisions.
� G. 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 uunmc manner as if the parties had executed one and theomne
� instrument.
�
B. Waiver. No waiver of any term, provision or condition of this Agreement,
� whether by�conduct or otherwise, in any one or more instances, shall b�deemed to b�, or h� construed as, u |
� �
further or continuing waiver ofany such term, provision or condition or as u waiver of any other term,
provision or condition of this Agreement.
� l. Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agruoroeqt; it embodies the entire agreement and understanding between the parties
� hereto; it constitutes acomplete and exclusive statement of the terms and conditions thereof, and it |
|
supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings
relating 1othe same subject matter.
�
J. Time of Essence. Time isof the essence ofeach provision of this Agreement in �
which time ioanelement.
�
�
Purchase Agreement Page 7
K. Survival of Covenants. All covenants of District or POST 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 according to their terms and conditions
and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
L. 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.
M. Further Documents and Acts and Compliance with Applicable Laws. Each of the
parties hereto agrees to execute and deliver such further documents and perform such other acts as may be
reasonably necessary or appropriate to consummate and carry into effect the transaction described and
contemplated under this Agreement.
N. 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.
O. 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.
P. Pronoun References. In this Agreement, if it be appropriate, the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any gender shall
include all other genders as appropriate.
Q. 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 arbitration. The parties shall jointly select one arbitrator who shall be a retired
or farmer 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 to
discovery. Hearings shall be held in Santa Clara or San Mateo 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.
Purchase Agreement Page 8
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.
POST INITIAL '- DISTRICT INITIAL —
R. Termination of License and Management Alzreement. Promptly upon Closing, the
License and Management Agreement for the Property entered into between POST and the District on
February 9, 2005 ("the License") shall be terminated and shall be of no further force and effect, and both
parties agree that neither shall have any further obligations or rights under the License.
10. Acceptance. Provided that this Agreement is executed by POST and delivered to District
on or before November 30, 2006, District shall have until midnight December 13, 2006 to accept and
execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by
POST 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 One Thousand Dollars and
No/100 ($1,000.00), 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
possible in accordance with the terms and conditions set forth herein.
ll/
lil
u1
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HI
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1//
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1//
[Signature Page follows on Page 9]
i
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Purchase Agreement Page 9
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officers to be effective as of the date of final execution by District in accordance with the
terms hereof.
DISTRICT: POST:
MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST,
SPACE DISTRICT a California non-profit, public benefit
corporation
APPROVED AND ACCEPTED:
President, Board of Directors Audrey C. Rust,
re de�ntt��///
Date Date
ATTEST:
District Clerk
Date:
ACCEPTED FOR RECOMMENDATION
C Cj'Q Q_�
Michael C. Williams, Real Property Manager
APPROVED AS
TO FORM:
Susan M. Schectman, General Counsel
RECOMMENDED FOR APPROVAL:
L. Craig Britton, General Manager
Signature Page to Purchase Agreement for POST(Stevens Canyon Ranch]
EXHIBIT A
VNORTH DIRECT ALL INQUIRIES TO:
AMERICAN Escrow Officer: Susan K.Trovato
TITLE Telephone No.: (408) 399-4100
COMPANY Our No.: 56007-54170919-SKT
Escrow No.: 56007-54170919-SKT
MID-Peninsula Open Space District
Attn: Mike Williams
330 Distel Circle
Los Altos CA 94022-1404
Property Address:
16891 Stevens Canyon Road
Saratoga, CA
Update No. 2
Preliminary Report
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
North American Title Company, Inc.
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED,AS OF THE DATE HEREOF,
A POLICY OR POLICIES OF TITLE INSURANCE, DESCRIBING THE LAND AND THE ESTATE OR INTEREST
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 BELOW OR NOT
EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND
STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE
SET FORTH ON THE ATTACHED COVER, COPIES OF THE POLICY FORMS SHOULD BE READ, THEY ARE
AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
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 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, AND ENCUMBRANCES
AFFECTING TITLE TO THE LAND.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE,A BINDER OR COMMITMENT SHOULD BE REQUESTED.
Dated as of October 24, 2006 Pam Thompson -tw/mtw
at 07:30 am Title Officer
497 N. Santa Cruz Avenue, Los Gatos, CA 95030
Phone: (408) 399-4100 Fax: (408) 354-3212
The form of policy of title insurance contemplated by this report is:
1990- CLTA Owner's Standard Coverage
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:
Peninsula Open Space Trust, a California non-profit, public benefit Corporation
Page 2
Order No.: 56007-54170919-SKT
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DESCRIPTION:
/
The land referred to herein is situated in the State of California, County of Santa Clara,
Unincorporated Area, and hs described aafollows:
PARCEL ONE:
COMMENCING AT AN IRON BAR AT THE CORNER OF LOTS A OF THE PARADISE SUBDIVISION IN
THE CENTER OF STEVENS CREEK ROAD AND ON THE LINE BETWEEN SECTIONS 4 AND 5,
TOWNSHIP 8 SOUTH, RANGE'2 WEST, M.D.M., FROM WHICH A BLACK OAK 10 INCHES IN
DIAMETER BEARS NORTH 84 DEG. O'WEST 22.77 FEET DISTANT;THENCE ALONG THE CENTER
DF STEVENS CREEK ROAD ON THE SOUTHERLY LINES OF LOTS AOF THE PARADISE
ST54.78 ��ETTDAN |RON �AFl�THEN{�� GOUlFHODEQ. 3O'
SUBD|V(f�\ON. SOUTH43DEG. O4' EA
EAST 12O12 FEET TOAN !F�ONBA��; THEN[�E SOUTH 78 DEG. 18' EAST5B4O FEET TOANIRON
BARON THE LINE BETWEEN LOTS A AND BOF THE PARADISE SUBDIVISION; THENCE SOUTH
61DEG 1'VVEST2O FEET T{�A3/4 INCH PIPE; THEN{�ENORTH 54 DEG. 14'VVE8TG1.8OFEET
TOA4^'-�4^ POST ON THE SECTION LINE BETWEEN SECTION 4 AND 5. TOWNSHIP 8SOUTH,
� RANGE- WEST; THENCE NORTH O DEG. 1G' EASTON SECTION LINE BETWEEN SECTION 4AND
5. 185.8 FEET TO THE POINT OF BEGINNING, BEING A PORTION OF THE NORTHWEST 1/4OF
SECTION 4. TOWNSHIP 8 SOUTH, RANGE 2WEST. �
APN' �03'0G-024
� .
� PARCEL TWO:
� THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 2
� WEST, W1.O.B. & K8..AND ALL OF LOTS 1 AND 2UF SECTION 5. TOWNSHIP G SOUTH, RANGE 2 �
WEST, M.O.8. & K4.
EXCEPTING THEREFROM ALL THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF �
THE BORDI SUBDIVISION"A MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON AUGUST 20, 1924 IN �
�
BOOK SOF MAPS, PAGE 28. �
APN: 503-05-039
PARCELTHREE:
ALL OF LOTS 25 AND 2G. AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OFBORD| �
SUBDN|8|ON^ VVH|CHMAPVVAGF|LEOFORRECORD !NTHEOFF|CEOFTHERE{�ORDEROF �
THECOUNTY ' FSANTACLARA8TAT� OFCAL\�ORNiA. ON �U8UST20. 1Q24 |NBOOKSOF
" . �
MAPS,AT PAGE 28.
EXCEPTING THEREFROM ALL THAT PORTION DF LOT 25 AND MORE PARTICULARLY
DESCRIBED ASFOLLOWS: �
�
BEGINNING ATAN IRON BAR |N THE CENTER LINE OF STEVENS CREEK ROAD ATTHE
SOUTHERLY COMMON CORNER FOR LOTS 24 AND 25, AS SAID ROAD AND LOTS ARE SHOWN
ON THE MAP ABOVE REFERRED TO;THENCE ALONG THE SAID CENTER LINE {}FSTEVENS
{� ~ VV
.
~^ |
EEKROADNDRTH44D�G� 15' EST5O.0OFE��TOAN |RON �ARANONORTH71 �]E{�. 32
~
8� 31 �OF�ETTOAN |F�ONBAR� �H�N{�ELEAV|NGSA|DCENTEFl LINE AND RUNNING
~~ �
RTH1 ~- DEG. 28' EA�T0OF�ET. N\OREORL�G8.T[)A 3/4 INCH IRON PIPE AT THE BASE OFA
~~ �
INCH HICKORY-|C� �Y{}A�ONTH� NOR�H�RLYL|NEO� 5A|DLOT2��THENCEEASTALONGTHE
SAIDNOm/nERLYL|NEC}FLOT25'FORA0STANCEOF127.23. K�{}F�EORLES�S.T[)THE
NORTHERLY COMMON CORNER FOR SAID LOTS 24 AND 25; RUNNING THENCE SOUTH 34DEG. �
45'WEST
15Q83FEETTOTHEP[>|NTOF �EG|NN|NG�
� �
Page 3
Order No.: 56007-54170919-8KT �
/
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APN: 503-05-016
PARCEL FOUR:
ALL OF LOTS 3 AND 4 AND THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP
8 SOUTH, RANGE 2 WEST, M.D.B. & M.
EXCEPTING THEREFROM ALL THAT CERTAIN TRACT OF LAND DESCRIBED IN THE DEED FROM
SELIGMAN WEILHEIMER TO JOHN WIDNEY, DATED JANUARY 5, 1893, RECORDED JANUARY 7,
1893 IN BOOK 156 OF DEEDS, PAGE 12, SANTA CLARA COUNTY RECORDS, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A STAKE MARKED W. W. 7 STANDING IN THE 1/4 SECTION LINE RUNNING EAST
AND WEST THROUGH THE CENTER OF SECTION 5, TOWNSHIP 8 SOUTH, RANGE 2 WEST AND
BEING DISTANT EAST 19.59 CHAINS FROM THE 1/4 SECTION CORNER BETWEEN SECTIONS 5
AND 6. TOWNSHIP 8 SOUTH, RANGE 2 WEST AND FROM WHICH STAKE A MADRONE 4 INCHES
IN DIAMETER MARKED B. T. W. W. 1 BEARS SOUTH 780 WEST 31 LINKS AND A MADRONE 6
INCHES IN DIAMETER MARKED B.T.W.W. 1 BEARS NORTH 51 1/20 EAST 15 LINKS AND RUNNING
THENCE NORTH 435.60 FEET TO A STAKE MARKED W.W. 2 FROM WHICH AN IRON OAK 14
INCHES IN DIAMETER MARKED B.T.W.W. 2 BEARS NORTH 11 1/40 EAST 61 1/2 LINKS AND BLACK
OAK 4 INCHES IN DIAMETER MARKED B.T.W.W. 2 BEARS NORTH 63 1/40 EAST 60 LINKS; THENCE
EAST 1000 FEET TO A STAKE MARKED W.W. 3 FROM WHICH A BLACK OAK 6 INCHES IN
DIAMETER MARKED B.T.W.W. 3 BEARS NORTH 75 1/40 EAST 13 1/2 LINKS AND A BLACK OAK 5
INCHES IN DIAMETER MARKED B.T.W.W. 3 BEARS SOUTH 30 WEST 12 LINKS;THENCE SOUTH
435.60 FEET TO A ST
AKE MARKE
D W.W.4 STANDING IN THE 1/4 SECTION LINE RUNNING EAST
AND WEST THROUGH THE CENTER OF SECTION 5 TOWNSHIP 8 SOUTH, RANGE 2 WEST AND
THENCE ALONG SAID 1/4 SECTION LINE,WEST 1000 FEET TO THE POINT OF BEGINNING,AND
BEING A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 8
SOUTH, RANGE 2 WEST. COURSES TRUE. VARIATION 16 1/20 EAST.
APN: 503-04-001
Page 4
Order No.: 56007-54170919-SKT
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| At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions
contained in said policy form would be as fpUmvxm:
� 1 General and Special Property Taxes, and any assessments collected with taxes, including utility
assessments,for the fiscal year 2006-2007.
Total Amount: $54.54
First Installment: $27.27 (Jpen
Second Installment: $27.27Open
Land: $306.00 '
Code Area: 60-002 �
Parcel Number: 503-00-034
�
Said matter affects: Parcel One
2. General and Special Property Taxes, and any assessments collected with taxes, including utility �
assessments,for the fiscal year 2UOG-2OO7. �
�
Total Amount: $285.30 �
First Installment: $142.65Open
Second Installment: $142.65 (}pen �
Land: $2,244,0X00I0 �
� Improvements: $392,394.00
� Code Area: 85-004
� Parcel Number: 503-05-039 �
�
� Said matter affects: Parcel Two
� |
� 3. General and Special Property Taxes, and any assessments collected with taxes, including utility �
� assessments, for the fiscal year 2O08 -2OO7.
� Total Amount: $59.28 |
First Installment: $28f4 [Joen
� Second Installment: $39.64Open
� Lund: $15.300.00
Code Area: 85-004 �
Parcel Number: 503-05-018
Said matter affects: Parcel Three �
4. General and Special Property Taxes, and any assessments collected with taxes, including utility
assessments, for the fiscal year 2ODG-2OU7. �
�
Total Amount: $399.90
� First Installment: $199.95Open �
Second Installment: $109.95Dpon �
Land: �408OOUO
� . . . .00
� Code Area: 85-004
Parcel Number: 503-04-001 �
Said matter affects: Parcel Four
5. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5 �
(commencing with Section 75)of the Revenue and Taxation Code of the State of California.
�
� page 5
Order No.: 56007'54170919'SKT |
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| 6. Rights of the public, county and/or city|n that portion lying within the street oeit now exists:
Stevens Canyon Road, Redwood Gulch Road and any other public roadway traversing
said land
|
� 7* Any easement for water course over that portion of said land lying within the banks of Stevens
Creek and to any other creek traversing said land.
�
| 8. An easement affecting the portion of said land and for the purpose stated herein, and incidental �
purposes.
|n Favor of: The Standard Electric Company ofCalifornia
�
None ian�adoaahoth� pr�sandovvn�r�hipofae� eoeemen1
. �
Purpose: Electric,transmission line and ingress and egress �
Recorded: June 27. 19OG �
Book 3O9ofDeeds �
Page: 171 �
Affects: The exact location and extent of said easement isnot �
�
disclosed ofrecord
�
Said matter affects: Parcel Four
Q. An easement affecting the portion of said land and for the purpose stated herein, and incidental
� purposes.
�
� |n Favor of: Pacific Gas and Electric Company
�
�
� No representation ks made aahm the present ownership ofsaid easement.
� Purpose: Transmission and distribution of electricity and right of
way
Recorded: August 1923
� � .
� Book: 45
� Page: 144
. Affects: Portion as described therein
Said matter affects: Parcel Four
1O Terms, Covenants, Cond�onm �ndPn»vsinnscont�nedinuninstnunnent
� . ' . .
� Entitled: Agreements
Executed By: Battimta Bordi. First Party and Paul C. Whaley, Second
Party
Recorded: K4ay10. 1Q2Q
Book' 399
� �
� Page: 375
Reference is made bo said doournenffor full particulars.
� And Recorded: July 17. 1328
Book: 414
173 �
� Page:. �
�
�
�
�
� Page O
Order No.: 56007-54170919-SKT
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Wherein first party agrees ho install a water pipeline from the well located on his property (not
disclosed)to the property of the second party (Lots 23 and 24 of Bordi Subdivision)and to
perpetually furnish water to said second party, as per terms of said agreement. Reference to the
Record is hereby made for further particulars.
11. An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
|n Favor of: Pacific Gas and Electric Company, acorporation
No representation ia made aebo the present ownership of said easement.
Purpose: Electrical transmission purposes by single line ofpoles
and wires across premises
Recorded: K8ay12. 1931
Book: 564
Page 468
� Affects: Portion as described therein
�
� Said matter affects: Parcel Four
�
� 12. An easement affecting the portion of said land and for the purpose stated herein, and incidental
�
purposes.
�
|n Favor of: Pacific Gas and Electric Company, mCalifornia
� oorporabon
No representation |s made oobu the present ownership of said easement.
�
Purpose: Two independent poles and incidents thereto �
Recorded: October 24. 19G1
Book: 5339
Page: 114
Affects: Portion as described therein
Said matter affects: Parcel Four
13. An easement affecting the portionofsuid |mndandforthepurpose stated herein, and incidental �
purposes. �
�
|n Favor of: County of Santa Clara, State ufCalifornia �
No representation io made anbo the present ownership of said easement. �
�
Purpose: Public street and road purposes
Recorded: November �
. �
Book: ' OOSG
Page: 443
Affects: Portion oo described therein
�
�
Page 7
Order No.: 56007-54170910-SKJ
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� 14. A Lien for Unsecured Property Taxes filed by the Tax Collector ofthe County shown, for the
amount shown and other amounts due.
| Amount: $3.022.60
County: Santa Clara �
CedifioateNo.: 05'601009-3 �
| Taxpayer: Peninsula Open Space Trust �
Reconded'. November 7. 2OO5 �
�
Instrument No.: 18683640
15. An easement affecting Ulepmrbonofsakj |andandforthopurpoa* shabadhenein. ondinddenba|
purposes.
|n Favor of: David K4. K4iUanak. mn unmarried man and Rebecca A.
K4iUanek. an unmarried woman, ae joint tenants
No representation io made enbo the present ownership of said easement.
Purpose: Roadway access
Recorded: November 4. 2OO4
Instrument No.: 18073297
Affects: Portion nf Parcel Two as described therein
16. An easement affecting the portion of said land and for the purpose stated herein, and incidental
purposes.
� |n Favor of: Patrick H.Van Munn, es Trustee of the 1SQQ Patrick H.
�
Van Munn Revocable Trust, dated July 2O. 1B09
�
No representation is made asto the present ownership of said easement.
� Purpose: Roadway access
Recorded: November 1. 2OO4
Instrument No.: 18073298
� Affects: Portion of Parcel Two ea described therein
� 17. This Company will require the following to insure a loan by or a conveyance from, the entity
named below.
Corporation Name: Peninsula Open Space Trust
` A. A copy of the Corporation By-Laws orArticles
B. An original or certified copy of the Resolution authorizing the subject transaction. The
Resolution should clearly cover the following points:
a. Authority bz convey, purchase and execute Deed ofTrust;
� b. Designate who isto execute said documents;
� C. Corporate seal affixed or authority to execute documents;
d <��rbOombonby��ovebaryoro|�rkamboconectn�ssmndnn majority �
� ^ �
e. State if a quorum was present;
f. Cover a|| matters required in the By-Laws of the church or non-profit entity.
. �
�
Page 8 �
Order No.: 56007-54170019-SK3'
| INFORMATIONAL NOTES:
A. There are no conveyances affecting said land recorded withintwenty-four(24) months of the date
of this report.
B. This charge for apolicy of title insurance, if issued through this title order,will be based on the
short term rote.
� C. Pursuant toSecdon12413.1of the insurance code funds depoo�edin escrow rnustbo held for
� the following time periods before they can bedisbursed: �
�
1 Cash or wired funds--available for immediate dispersal after deposit in bank or �
� confirmation of receipt inaccount. Bear in mind that Cash will be accepted from �
� customers only under special circumstances as individually approved by management.
� 2 Cashier certified hmUerschaoko—nextdayavai|�b|�funds. �
� . . . �
� 3. All other checks must be held in accordance with regulation CC adopted by the Federal
� Reserve Board of Governors before they must bedisbursed. �
� 4. Drafts must be collected before they may bedisbursed. �
� North American Title Company will not be responsible for accruals of interest or other charges
� resulting from compliance with the disbursement restrictions imposed by state law.For Your InfQrmation. Our Wire Instructions Are:
�
�
|
� .
�
Wire To: ��d the� ' — |
�
ComehumBonh North American Title Company �
�
333W. Santa Clara Street Bank Account Nu.: 1892518108
� San Jose, CA 95113 Escrow No. 56007-54170919-SKT !
� Routing No.: 121137522 Bnanch/Counh/ Nu.: 580-07 �
Attn: Susan K. Trovato
�
ACH FUNDS-Automatic Clearing House
North American Title Company will not accept funds in the form of ACH transfers.
� D. North American Title Company, Inc's charges for recording the transaction documents include �
charges for services performed by North American Title Company, Inc., in addition to an estimate |
of payments tobe made to governmental agencies.
�
�
�
�
� Page S
Order No.: 56007'54170919-SKT
�
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GOOD FUNDS LAW
CALIFORNIA ASSEMBLY BILL 512 ("AB512") IS EFFECTIVE ON JANUARY 1, 1990. UNDER AB512, NORTH
AMERICAN TITLE COMPANY, INC. ("NORTH AMERICAN TITLE COMPANY, INC.") MAY ONLY MAKE FUNDS
AVAILABLE FOR MONETARY DISPERSAL IN ACCORDANCE WITH THE FOLLOWING RULES:
SAME DAY AVAILABILITY - DISBURSEMENT ON THE DATE OF DEPOSIT IS ALLOWED ONLY WHEN FUNDS
ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY ("NORTH AMERICAN TITLE COMPANY, INC.") IN
CASH OR BY ELECTRONIC TRANSFER (WIRE). BEAR IN MIND THAT CASH WILL BE ACCEPTED FROM
CUSTOMERS ONLY UNDER SPECIAL CIRCUMSTANCES AS INDIVIDUALLY APPROVED BY MANAGEMENT.
NEXT DAY AVAILABILITY - IF FUNDS ARE DEPOSITED TO NORTH AMERICAN TITLE COMPANY, INC. BY
CASHIER'S CHECKS, CERTIFIED CHECKS, OR TELLER'S CHECKS, DISBURSEMENT MAY BE ON THE NEXT
BUSINESS DAY FOLLOWING DEPOSIT. A "TELLER'S CHECK" IS ONE DRAWN BY AN INSURED FINANCIAL
INSTITUTION AGAINST ANOTHER INSURED FINANCIAL INSTITUTION (E.G., A SAVINGS AND LOAN FUNDING
WITH A CHECK AGAINST A FDIC INSURED BANK).
2-5 DAY AVAILABILITY (REGULATION CC). IF THE DEPOSIT IS MADE BY CHECKS OTHER THAN THOSE
DESCRIBED IN PARAGRAPHS 1 AND 2 ABOVE, DISBURSEMENT MAY OCCUR ON THE DAY WHEN FUNDS
MUST BE MADE AVAILABLE TO DEPOSITORS UNDER FEDERAL RESERVE REGULATION CC. THIS REQUIRES
A"HOLD"ON SOME CHECKS OF 2-5 DAYS OR LONGER IN SOME INSTANCES. PERSONAL CHECKS, DRAFTS,
PRIVATE CORPORATION AND COMPANY CHECKS, AND FUNDING CHECKS FROM MORTGAGE COMPANIES
THAT ARE NOT TELLER'S CHECKS ARE AMONG THOSE CHECKS SUBJECT TO SUCH HOLDS. (FOR
FURTHER DETAILS,CONSULT CHAPTER 598,STATUTES OF 1989.)
NOTE: THE ABOVE GUIDELINES ARE IN CONFORMITY WITH THOSE ISSUED BY THE DEPARTMENT OF
INSURANCE FOR ALL CALIFORNIA TITLE INSURANCE AND CALIFORNIA TITLE COMPANIES.
PRELIMINARY CHANGE OF OWNERSHIP REPORT
NOTE: ON OR AFTER JULY 1, 1985, THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE
REGULAR CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF
OWNERSHIP IS ACCOMPANIED BY A PRELIMINARY CHANGE OF OWNERSHIP REPORT. IN LIEU OF SAID
REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL ACCEPT AN AFFIDAVIT THAT THE TRANSFEREE
IS NOT A RESIDENT OF CALIFORNIA. TITLE BILLINGS WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES
WHEN APPLICABLE.
IRS FORM 1099
BEFORE THE TRANSACTION CONTEMPLATED BY THIS REPORT CAN BE CLOSED, THE SELLER/BORROWER
MUST FURNISH A TAXPAYER IDENTIFICATION NUMBER TO US SO THAT WE CAN FILE AN IRS FORM 1099,OR ITS
EQUIVALENT, WITH THE INTERNAL REVENUE SERVICE. THIS PROCEDURE IS REQUIRED BY SECTION 6045 OF
THE INTERNAL REVENUE SERVICE.
NOTICE OF A WITHHOLDING REQUIREMENT
State Withholding & Reporting for closings after January 1, 2003: Under California Law (Rev & Tax Code 18662) a
buyer may be required to withhold and deliver to the Franchise Tax Board (FTB) an amount equal to 3.33%of the
sales price in the case of disposition of California real property interest("Real Property") by either: 1)a seller who
is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary
of seller, or 2) a corporate seller that has no permanent place of business in California. Buyer may be subject to a
penalty (equal to the greater of 10% of the amount required to be withheld or $500) for failing to withhold and
transmit the funds to FTB in the time required by law. Buyer is not required to withhold any amount and will not be
subject to penalty for failure to withhold if: a)the sale price of the Real Property does not exceed $100,000; b) the
seller executes a written certificate under penalty of perjury certifying that the seller is a corporation with a
permanent place of business in California; or c)the seller,who is an individual,executes a written certificate under
penalty of perjury certifying one of the following: (i) the Real Property was the seller's principal residence (as
defined in IRC 121); (ii)the Real property was last used as seller's principal residence without regard to time period;(Ili)the
Real Property is or will be exchanged for property of like kind(as defined in IRC 1031)and that the seller intends to
acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California
income tax purposes under IRC 1031; (iv) the Real Property has been compulsorily or involuntarily converted (as
defined in IRC 1033) and the seller intends to acquire property similar or related in service or use as to be eligible
for nonrecognition of gain for California income tax purposes under IRC 1033; or (v) the Real Property sale will
result in loss of California income tax purposes. Seller is subject to penalties for knowingly filing a fraudulent
certificate for the purpose of avoiding the withholding laws. FTB may grant reduced withholding and waivers from
withholding on a case-by-case basis for corporations or other entities.
For additional information regarding California withholding, contact the Franchise Tax Board at (toll free) 888-792-
4900),or by e-mail at urws@ftb.ca.gov or visit their website at www.ftb.ca.gov.
Page 10
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WHEN RECORDED MAIL TO:
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
Attn: Chief Executive Officer
Project: Stream and Watershed Land Preservation for Stream Maintenance Program
Grantor: Peninsula Open Space Trust
File No. 1029-172
GRANT DEED OF RIPARIAN CONSERVATION EASEMENT
WHEREAS, PENINSULA OPEN SPACE TRUST, a California non-profit, public
benefit Corporation, hereinafter called "Grantor", is the owner of certain real property (the
"Property") located within an unincorporated area of the County of Santa Clara, State of
California, a portion of which is commonly identified as Assessor Parcel Number 503-04-001
and a portion of which is commonly identified as Assessor Parcel Number 503-05-039; and
WHEREAS, SANTA CLARA VALLEY WATER DISTRICT is a public entity,
hereinafter called "Grantee", with a mission to provide a healthy, safe, and enhanced quality of
living in Santa Clara County through watershed stewardship and comprehensive management of
water resources in a practical, cost-effective, and environmentally sensitive manner; and
WHEREAS, Grantor and Grantee have entered into an agreement, File No. 1029-172
whereby Grantee contributed funding toward the purchase price of the Property in exchange for a
commitment by Grantor to specifically preserve and protect the natural watershed and riparian
habitat while allowing opportunities for ecologically sensitive public enjoyment of the Property;
and
WHEREAS, in furtherance thereof, Grantor desires to deed to Grantee, a"Riparian
Conservation Easement" to preserve and protect the natural creeks and riparian corridors of the
Property subject to the restrictions contained herein, over portions of the Property, as more
particularly described in "Exhibit A", and as generally depicted on the plat marked "Exhibit A-I"
(herein, the "Easement Property"), both attached hereto and incorporated herein by this reference;
and
WHEREAS, Grantor desires to reserve certain rights to continue using existing
improvements for residential, agricultural and low intensity recreational use and to construct a
limited number of new trails to allow ecologically sensitive public enjoyment of the property on
and within the Easement Property, at such time and in such locations as Grantor may, in its sole
discretion, determine to be appropriate;
NOW THEREFORE, in consideration of the recitals, covenants, terms, conditions, and
restrictions contained herein, and pursuant to the laws of the State of California, including
without limitation, the provisions of Section 815 through Section 816 of the California Civil
Code, Grantor hereby grants to Grantee a Riparian Conservation Easement over the Easement
Property, subject to the terms and conditions hereof.
1. Purpose. The purpose of this Riparian Conservation Easement is to preserve and protect the
creeks and riparian corridor, including the natural watershed and riparian habitat in
perpetuity, while allowing ecologically sensitive public enjoyment of the Easement Property,
and further, to prevent any use of the Easement Property that would be likely to significantly
impair or interfere with such conditions and values, and therefore the intention of the parties
hereto is to restrict the use of the Easement Property to activities involving open space, low
intensity recreation, natural watershed and riparian corridor habitat preservation and
environmental protection consistent with this Riparian Conservation Easement.
2. Easement Property. The Easement Property consists of Riparian Buffer Areas A, A-1, B, C
and D as such areas are more particularly described in Exhibit A, and as such are generally
shown on Exhibit A-1, both attached hereto and incorporated herein and being:
(a) Riparian Buffer Area A is generally defined as a 150-foot wide area adjacent to each
side of the centerline of the creek lying within Parcel A.
(b) Riparian Buffer Area A-1 is generally defined as a 350-foot wide area adjacent to
each side of Riparian Buffer Area A lying within Parcel A-1.
(c) Riparian Buffer Area B is generally defined as a 50-foot wide area adjacent to each
side of the centerline of the creek lying within Parcel B.
(d) Riparian Buffer Area C is generally defined as a 50-foot wide area adjacent to each
side of the centerline of the creek lying within Parcel C.
(e) Riparian Buffer Area D is generally defined as a 50-foot wide area adjacent to each
side of the centerline of the creek lying within Parcel D.
3. Rights of Grantee. To accomplish the purposes of this Riparian Conservation Easement,
Grantor conveys to Grantee the right:
(a) To preserve and protect the creeks and riparian corridor including the natural
watershed and riparian habitat of the Easement Property.
(b) To enter the Easement Property at reasonable times, in order to monitor Grantor's
compliance with the terms of this Riparian Conservation Easement and to enforce the
terms hereof, and provided that any such entry shall occur only after seven (7)
calendar days following prior written notice to Grantor or its successors in interest of
the Easement Property.
Page 2
(c) To enter the Easement Property at any time without notice upon reasonable cause, in
order to determine if a violation of the terms of this Easement has occurred, is
occurring, or is likely to occur in the immediate future, and to prevent any activity on,
or other use of the Easement Property, that is inconsistent with the purposes of this
Riparian Conservation Easement, and to require the reasonable restoration of such
areas or features of the Easement Property that have been damaged by such
inconsistent activity or use.
(d) To prevent, pursuant to the provisions of Section 9 hereof("Disputes and Remedies"),
any activities on or uses of the Easement Property which are prohibited or otherwise
inconsistent with the purposes of this Riparian Conservation Easement, and to require
the reasonable restoration of such areas or features of the Easement Property that have
been damaged by such inconsistent activity or use.
(e) To conduct technical studies, environmental enhancement and mitigation, scientific
studies and vegetation propagule (i.e., seeds or cuttings) collection within the
Easement Property. Grantee shall not impair or interfere with the Easement
Property's recreational, scenic, residential, utility or other values. Grantee, its
employees and agents, shall not interfere with the operations of Grantor or Grantor's
successors and assigns. Damage to the Easement Property resulting from Grantee's
use shall be repaired promptly at the Grantee's sole expense. Grantee and its agents
shall save and hold harmless Grantor from and against any liability for damage to
persons or property occasioned by Grantee's use of the Easement Property, Without
limitation, the provisions of this Section shall benefit and bind the successors and
assigns of Grantor and the Grantee. Grantee shall obtain a written permit from
Grantor prior to beginning any work on the Easement Property related to this right.
4. Prohibited Uses. Any activity on or use of the Easement Property that is inconsistent with the
purposes of this Riparian Conservation Easement is prohibited. Without limiting the
generality of the foregoing, the following activities and uses are expressly prohibited:
(a) Commercial or Industrial Use. Any commercial or industrial development, use of, or
activity on the Easement Property, is expressly prohibited except (i) to the extent
agricultural activities and production are permitted under Section 6(e) and (ii)
residential tenancies, both only to the extent that such use or activity is consistent
with historical usage and does not require development of new structures or
improvements.
(b) Structures and Improvements. No new structures or improvements will be permitted
in Riparian Buffer Areas A, A-1, B, C and D, except for those described in Sections
5(d) and (f), including (1) a limited number of trails and trail crossings aligned in such
a manner as to minimize impacts within riparian areas and constructed in compliance
with all federal, state and local ordinances and regulations, and (2) utilities that may
be required to serve new public access facilities or maintain agricultural activities and
production.
Page 3
(c) Excavation, Soil Erosion or Degradation. Any use or activity that causes, or is likely
to cause, soil degradation or erosion, or be a source or contributor to pollution of any
surface or subsurface waters is prohibited. Construction and maintenance of
improvements provided for in Section 5 will be conducted in accordance with
generally accepted Best Management Practices (BMP), and any Memorandum of
Understanding(s) or similar agreement(s) that may exist between such public agency
and any regulatory agency or agencies, and in accordance with all applicable federal,
state and local laws.
(d) Herbicides and Pesticides. Fertilizers,pesticides, herbicides, and fungicides and
similar agricultural products are prohibited except those used in conjunction with the
control of invasive species and only if application is performed in accordance with all
federal, state and locally applicable laws, including but not limited to, Grantee's BMP
and Stream Maintenance Program (SMP) guidelines and restrictions in effect as of the
date of conveyance of the Riparian Conservation Easement. These restrictions
include use only of herbicides and surfactants registered for aquatic application within
the banks of channels; use only between July I" and October 15'h; avoidance of non-
target species; application in conformance with label and product recommendations
and restrictions and with all applicable State and County advisories; use of the lowest
recommended rate of application; avoidance of application if significant rainfall is
predicted in the preceding 72-hour period; and application made by or under the direct
supervisions of State—certified applicators under the direction of a licensed Pest
Control Advisor.
(e) Tree Cutting and Vegetation Removal. The cutting down or other removal of live
trees is prohibited except (i) when required for safety or fire protection, or(ii) are of
non-native or invasive vegetation, and (ill) the parameters of such actions are included
in a management plan for the Easement Property. Dead trees and woody debris may
not be removed from the Easement Property except when required for public safety or
fire protection. If removal of such trees or other vegetation is required by local or
state fire protection agencies, plans will be prepared in consultation with state and
local regulatory agencies and all work will be performed in accordance with all
applicable federal, state and local laws.
(f) Dumping. The dumping or other disposal of wastes, refuse, or debris on the
Easement Property is prohibited.
(g) Mineral Rights. The exploration for, or development and extraction of, minerals and
hydrocarbons by any mining method on the Easement Property is prohibited.
(h) Storage Yards. Storage yards of any kind, including the storage of vehicles,
equipment, and building materials or disassembly of vehicles and equipment on the
Easement Property is prohibited, except as described in Section 6(e).
(i) Scenic and Natural Character. Activities, such as clearing, stripping of native
Page 4
vegetation, grading, or storage of materials that degrade the scenic and natural
character of the Easement Property are prohibited, except as necessary to construct
limited number of trails and utilities described in Sections 5(d) and 5(f).
Archeological Resources. The excavation, removal, destruction, or sale of any
archeological artifacts or remains found on the Easement Property, except as part of
an archeological investigation approved in writing by Grantor, is prohibited. All
excavation plans otherwise permitted hereunder shall be reviewed by an archeologist
prior to the start of, and during the excavation.
5. Grantor's Permitted Improvements. The Grantor may plan, develop, and maintain
improvements on or adjacent to the Easement Property for any purpose not prohibited by
Section 4 hereof only to the extent that such improvements are consistent with the purpose
and intent of this Riparian Conservation Easement, the improvements have been included in
a management plan, and the Grantee, United States Army Corp of Engineers (USACOE), the
California Department of Fish and Game (CDFG), the California Regional Water Quality
Board (RWQCB) and United States Environmental Protection Agency (EPA) have been
given the opportunity to review and comment on any such Plan(s), and Grantor has consulted
with all other regulatory agencies having jurisdiction and has complied with all applicable
State, Federal and local regulatory ordinances, including the timely obtaining of all required
approvals and permits. The removal, maintenance, repair, replacement and utilization of
improvements on the Easement Property is permitted so long as the repair or replacement of a
structure or improvement will not result in increased foot print or square footage and, to the
extent reasonably feasible, shall be located in the same location as the structure or
improvement being repaired or replaced. The following improvements, though not an
exhaustive recital of consistent improvements, are consistent with such purpose and intent
and are therefore not precluded by it:
(a) An existing single family residence, garage, small parking area, barn, swimming pool,
auxiliary structures and improvements, fencing, and utilities in Riparian Buffer Area
A-1.
(b) All existing un-paved roads and trails within the Easement Property, maintained to
minimize sedimentation or for erosion control purposes in their existing condition as
of the date hereof.
(c) An existing orchard, lying outside the Easement Property and adjacent to Riparian
Buffer Area A-1, that may be maintained in the future for the purpose of preserving
an important cultural and agricultural resource.
(d) An existing picnic area, deck bridge, water well, water tank with shed roof, spring
box and spring-fed water system in Riparian Buffer Area A and including all portions
of the water system serving the residence and adjacent orchard, and providing water
off the Property as more specifically set forth in that certain deed recorded in Book
377 at Page 375 of the Official Records of Santa Clara County.
Page 5 it
I
(e) A limited number of new un-surfaced trails, and not more than five perennial stream
crossings in Riparian Buffer Areas A, A-1, B, C and D, that may be developed in the
future to allow ecologically sensitive public enjoyment of the Property. Such trails
are to be constructed in a manner that avoids unnecessary concentration of use,
significant alteration of the land, and significant impact on the natural resources.
(f) A public parking area, lying outside the Easement Property adjacent to Riparian
a A-1 or D may be developed to enhance public access and enjoyment of
Buffer Ares J Buf p
Y p
the Property. Such parking area is to be constructed in a manner that minimizes the
impact on the natural resource values of the Easement Property.
(g) Existing utilities within the Easement Property serving the existing residential and
agricultural activities, and installation of such new utilities as are required to serve
new public access facilities on the Property. Any such new utilities shall be installed
underground and shall be located within ten-foot wide corridors.
6. Grantor's Permitted Activities and Uses. The Grantor may use the Easement Property for
any purpose not prohibited by Section 4 hereof only to the extent that such use or activity is
consistent with the purpose and intent of this Riparian Conservation Easement, the activities
and uses have been included in a management plan, and the Grantee, USACOE, CDFG,
RWQCB and EPA have been given the opportunity to review and comment on any such plan,
and Grantor has consulted with all other regulatory agencies having jurisdiction and has
complied with all applicable State, Federal and local regulatory ordinances, including the
timely obtaining of all required approvals and permits. The following uses and practices,
though not an exhaustive recital of consistent uses, are deemed to be consistent with such
purpose and intent and are not precluded by it:
(a) To take reasonable measures necessary and appropriate for fire safety and erosion
control and to remove trees.
(b) To remove exotic (non-native), invasive vegetation and to restore the area with native
vegetation in accordance with a management plan.
(c) To maintain, at an un-surfaced, year-round standard, existing roads as identified on
Exhibit B for vehicle access for patrol and maintenance of the Easement Property.
(d) To maintain the well and spring fed water systems, as identified on Exhibit B
including but not limited to maintenance, repair and replacement of the water lines,
wells, pumps and tanks, to the extent necessary for the proper operation of the
existing Water System.
(e) To continue agricultural practices consistent with historical usage within and around
the farm buildings in Riparian Buffer Area A-1 of the Easement Property, such as the
storage of farm equipment, supplies and materials, and production of agricultural
crops.
Page 6
(f) Use of the Picnic area may be continued under a permit system until such time as a
management plan for public access improvements is completed in accordance with
Section 5 and establishes a different protocol. Until such a plan is implemented,
Grantor agrees to install and maintain adequate barriers and/or signs to limit access to
the banks of the creek adjacent to the Picnic area.
(g) Residential use of the residence located in Riparian Buffer Area A-I of the Easement
Property.
7. Successors. The covenants, terms, conditions, and restrictions of this Riparian Conservation
Easement shall be binding upon, and inure to the benefit of the parties hereto and their
respective heirs, grantees, successors, and assigns, and shall continue as a servitude running
with the Easement Property. Grantor may convey the Property, or any part thereof or interest
therein, to a public agency of its choosing subject to this Riparian Conservation Easement
and, further, Grantor hereby agrees that any such conveyance will require that such public
agency, if it develops a management plan for the Easement Property, that Grantee shall have
been given the opportunity to review and comment on any such plan and that any such
conveyance shall also require the successor public agency to consult with the USACOE,
CDFG,RWQCB and EPA, and all other regulatory agencies having jurisdiction and to
comply with all applicable State, Federal and local regulatory ordinances, including the
timely obtaining of all required approvals and permits. Any such successor may plan, design,
develop and maintain low intensity, public access facilities described in Section 5 and
developed in such a manner as to minimize the impact on the property's natural resource
values. Improvements will be developed in accordance with generally accepted BMP, and
any Memorandum of Understanding(s) or similar agreement(s) that may exist between such
public agency and any regulatory agency or agencies, and in accordance with all applicable
federal, state and local laws. Upon completion of a management plan, Grantor or its
successor shall post a sign acknowledging Grantee's contribution towards the purchase and
protection of the Easement property.
8. Reserved Rights. Grantor reserves the right to build and maintain low intensity, public
access facilities as described in Sections 5 and 6. The plans for any proposed public access
facilities to be developed pursuant to this paragraph must first be submitted to Grantee,
USACOE, CDFG, RWQCB and EPA for review and comment. Within thirty (30) days of
submission of such a proposal, Grantee may provide written comments thereon. Grantor may
thereafter proceed with such development unchanged, may modify the proposal, or may
withdraw the proposal, all in its sole discretion. Grantor shall make reasonable attempts to
address any issues that Grantee has provided comments on in a collaborative approach to
further the purposes of this Riparian Conservation Easement. To the extent that Grantor, or
any successor in interest to it, engages in a public process for providing greater public access
or additional facilities development, Grantee shall be provided with reasonable opportunities
to participate in such a process.
9. Disputes and Remedies. If Grantee determines that Grantor, Grantor's successors, or any
occupant of the Easement Property, is conducting or allowing a use, activity, or condition on
the Easement Property which is prohibited by the terms of this Riparian Conservation
Page 7
Easement, or that such a violation hereof is threatened, Grantee shall give written notice to
Grantor, or successor, of such violation, or threat thereof, and request corrective action
sufficient to cure or prevent such violation, and where such violation involves injury to the
Easement Property, restoration of the portion of the Property injured thereby.
(a) Consultations Regarding Interpretation and Enforcement of Easement. Following the
giving of any written notice as required above, the parties shall first consult with each
other in a good faith attempt to resolve the issue without resorting to legal action.
(b) Injunctive Relief. If Grantor fails to cure a noticed violation, or to prevent a noticed
violation from occurring, within thirty (30) days after receipt of such notice thereof
from Grantee, or under circumstances where the violation cannot reasonably be cured
within a thirty (30) day period, or fails to begin curing such violation within such
thirty (30) day period, or thereafter fails to diligently continue to cure such violation
until finally cured, Grantee may bring an action, at law or in equity in a court of
competent jurisdiction, which seeks to enforce the ten-ns of this Riparian
Conservation Easement, and to enjoin such violation, or threat thereof, by temporary
and permanent injunction, and further, to seek restoration of the Easement Property to
the condition that existed prior to such injury.
(c) Damages. Grantee shall be entitled to recover damages for violation of the terms of
this Easement or injury to this Easement or the interests protected by this Easement,
as provided by Government Code Section 815.7.
(d) Forbearance. Enforcement of this Riparian Conservation Easement shall be at the
discretion of the Grantee, and any forbearance by Grantee in the exercise of its rights
hereunder shall not be construed as a waiver by Grantee of such right, or of any
subsequent breach of Grantee's rights under this Easement. No delay or omission by
Grantee in the exercise of any right or remedy hereunder shall impair such right or
remedy or be construed as a waiver.
(e) Acts Beyond the Grantor's Control. Nothing contained in this Riparian Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for
any injury to or change in the Easement Property resulting from causes not involving
any affirmative acts by Grantor, or from causes beyond Grantor's control, including
without limitation, trespassers, fire, flood, storm, earth movement, or from any
prudent action taken by Grantor under emergency conditions to prevent, abate, or
mitigate significant injury to the Property resulting from such causes.
(f) Attorneys' Fees. If either party hereto incurs any expense, including reasonable
attorneys' fees, in connection with any action or proceeding instituted by reason of a
violation, breach, 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 all reasonable costs, expenses and attorneys' fees in an amount determined by a
court of competent jurisdiction.
Page 8
10. Costs and Responsibilities. Grantor shall have the sole responsibility for the ownership,
liability, operation, upkeep, and maintenance of the Easement Property.
11. Access. This Riparian Conservation Easement conveys no rights of public access to any
portion of the Easement Property. Nothing in this Easement shall be construed to preclude
Grantor's right to grant access to and across the Easement Property to the general public or
third parties, provided however, that such access shall only be in a manner consistent with
this Riparian Conservation Easement.
12. Notices. Any notice, demand, request;consent, approval, or communication that either party
is required to give to the other, shall be in writing, and either served personally, served by
facsimile with the original promptly-sent by first class mail, or served by deposit with the
United States Postal Service (LISPS) in first class mail, postage prepaid, and addressed as
follows:
To Grantor: Peninsula Open Space Trust
3000 Sand Hill Road, Suite 4-135
Palo Alto, CA 95025
Attn: President
(650) 854-7696 (telephone)
(650) 854-7703 (facsimile)
To Grantee: Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118-3614
Attn: Chief Executive Officer
(408) 265-2600 (telephone)
(408) 266-0271 (facsimile)
or to such other person or address as a party may, from time to time, designate by written
notice to the other. If service solely by first class mail is elected, service shall be deemed
to occur on the third business day following proper deposit with the USPS as set forth
above; if facsimile service is elected, it shall be deemed to have occurred upon
transmission by facsimile; if by personal service, upon delivery to the recipient or their
authorized agent.
13. Recordation.
tion. This instrument shall be recorded by Grantee in the Official Records of the
County of Santa Clara, State of California. Grantee may re-record this Easement whenever
re-recording is required to preserve Grantee's rights in this Easement.
14. General Provisions.
(a) Controlling Law. The laws of the State of California shall govern the
interpretation of this Riparian Conservation Easement.
(b) Liberal Construction. If any provision in this instrument is found to be
Page 9
ambiguous, an interpretation consistent with the purpose of this Riparian
Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid. This instrument shall be
construed in accordance with its fair meaning, and it shall not be construed against
either party on the basis that such party prepared this instr
ument.
onse rvation Easement or the
c Severabilit If an provision of this Riparian C ,
Y
( ) y
application thereof to any person or circumstance, is found to be invalid, the
remainder of the provisions hereof, or the application of such provision to persons
or circumstances other than those as to which it was found to be invalid, as the
case may be, shall not be affected thereby, so long as the purposes of this Riparian
Conservation Easement can still be carried out.
(d) No Third-Party Rights. This instrument is made and entered into for the sole
benefit and protection of Grantor and Grantee and their respective heirs, grantees,
successors, and assigns. No person or entity other than the parties hereto and their
respective heirs, grantees, successors, and assigns shall have any right of action
under this Riparian Conservation Easement or any right to enforce the terms and
provisions hereof.
(e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or
reversion of Grantor's fee title in any respect. Grantor specifically reserves the
right to convey fee title to the Easement Property, always subject however to the
provisions hereof.
(fl Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no
effect upon construction or interpretation.
(g) Counterparts. The parties may execute this instrument in two or more !�
counterparts with each counterpart deemed an original instrument. In the event
however of any disparity between the counterparts produced, the recorded
document shall be controlling.
(h) Consent Not to be Unreasonably Withheld. In the event Grantor, as required by
the terms hereof, seeks consent of Grantee, Grantee agrees to not unreasonably
withhold consent, regardless of whether the Section invoked hereunder so
provides.
(i) Subordination. If Grantor encumbers the Easement Property, or any portion
thereof, prior to conveyance of this Easement to Grantee, Grantor shall deliver an
executed consent by which the lien or mortgagor holder agrees to subordinate its
rights in the Easement Property, or any portions thereof, so as to prevent any
modification or extinguishment of the Riparian Conservation Easement by the
exercise of any rights by such mortgage or lien holder. Grantor shall also obtain
any consent, release, or re-conveyance of a deed of trust or other document
Page 10
�I
required by the mortgage or lien holder so that the Riparian Conservation
Easement is conveyed to Grantee free and clear of any such liens, mortgages or
other encumbrances.
IN WITNESS WHEREOF, Grantor and Grantee execute this Riparian Conservation Easement:
For GRANTOR, Peninsula Open Space Trust:
By: Date:
Audrey C. Rust, President
For GRANTEE, Santa Clara Valley Water District:
By: Date:
Stanley M. Williams, Chief Executive Officer
Approved as to form and procedure by:
Debra L. Cauble
District Counsel
Attest as to the authority:
District Clerk
i
i
I
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Page 11
_ I
State of California
County of
On before me, , personally appeared
Audrey Rust, personally known to me (or proved to me on the basis of satisfactory evidence) to
be the person whose name is subscribed to the within instrument and acknowledged to me that
she executed the same in her authorized capacity, and that by her signature on the instrument, the
person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
1
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Page 12
1
EXHIBIT A
SANTA CLARA VALLEY WATER DISTRICT
San Jose, California
By: E. ZOZAYA
Date: 10/31/06
Date Revised:
Revised By:
Checked by: Date:
PROJECT: STEVENS CANYON RANCH (RIPARIAN CONSERVATION EASEMENT)
PROPERTY OWNER: PENINSULA OPEN SPACE TRUST
File No.: 1029-172
A NON-EXCLUSIVE RIPARIAN CONSERVATION EASEMENT
All that certain real property situate in the Unincorporated Area, County of Santa Clara, State of
California, described as follows:
PARCEL A:
Being a portion of the lands described as PARCEL TWO,and PARCEL FOUR described in the deed
recorded as Document Number 18122536 in the office of the Recorder,County of Santa Clara,State
of California to wit:
A strip of land 300.00 feet wide lying 150.00 feet on each side of the following described centerline.
BEGINNING at the northwest corner of Lot 26 as shown on that certain map entitled "MAP OF
BORDI SUBDIVISION" filed in Book S of Maps at Page 28, Santa Clara County Records; thence
along the westerly line of said Lot 26,S00°20'00"E 66.75 feet to a point on the southwesterly line of
said Lot 26 and centerline of Stevens Canyon Road as shown on said map; thence southeasterly
along said centerline of Stevens Canyon Road, 198 feet more or less to a point of intersection with
the prolongation of the centerline of the most northerly creek as shown on the U.S.G.S.
topographical map entitled"CUPERTINO QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES
(TOPOGRAPHIC)SE/4 PALO ALTO 15' QUADRANGLE", Section 5,Township 8 South,Range
2 West,M.D.B.&M.,said point of intersection being the TRUE POINT OF BEGINNING;thence
southwesterly along the centerline of said creek to a point where said creek forks and the TRUE
POINT OF TERMINUS. The sidelines of said strip lengthening and shortening so that the
northeasterly terminus thereof is the centerline of Stevens Canyon Road and the southwesterly
terminus thereof is an arc to the left, having a radius of 150.00 feet from a radius point at the
aforesaid creek fork, said arc starting at the northwesterly offset line and terminating at the
southwesterly offset line.
Containing 16.751 acres of land, more or less.
PARCEL A-1:
Being a portion of the lands described as PARCEL TWO,and PARCEL FOUR described in the deed
recorded as Document Number 18122536 in the office of the Recorder,County of Santa Clara,State
of California to wit:
A strip of land 1000.00 feet wide lying 500.00 feet on each side of the following described
centerline.
BEGINNING at the northwest comer of Lot 26 as shown on that certain map entitled "MAP OF
BORDI SUBDIVISION"filed in Book S of Maps at Page 28, Santa Clara County Records; thence
along the westerly line of said Lot 26, S00'20'00"E 66.75 feet to a point on the southwesterly line of
said Lot 26 and centerline of Stevens Canyon Road as shown on said map; thence southeasterly
along said centerline of Stevens Canyon Road, 198 feet more or less to a point of intersection with
the prolongation of the centerline of the most northerly creek as shown on the U.S.G.S.
topographical map entitled"CUPERTINO QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES
(TOPOGRAPHIC)SE/4 PALO ALTO 15' QUADRANGLE", Section 5,Township 8 South,Range
2 West,M.D.B.&M.,said point of intersection being the TRUE POINT OF BEGINNING;thence
southwesterly along the centerline of said creek to a point where said creek forks and the TRUE
POINT OF TERMINUS. The sidelines of said strip lengthening and shortening so that the
northeasterly terminus thereof is the centerline of Stevens Canyon Road and the southwesterly
terminus thereof is an arc to the left, having a radius of 500.00 feet from a radius point at the
aforesaid creek fork, said arc starting at the northwesterly offset line and terminating at the
southwesterly offset line.
EXCEPTING THEREFROM all of that certain 300.00-foot wide strip of land as described in the
aforesaid PARCEL A.
Containing 44.243 acres of land, more or less.
PARCEL B:
Being a portion of the lands described as PARCEL TWO,and PARCEL FOUR described in the deed
recorded as Document Number 18122536 in the office of the Recorder,County of Santa Clara,State
of California to wit:
A strip of land 100.00 feet wide lying 50.00 feet on each side of the following described centerline.
shown o n that certain ma
p entitled MAP OF
BEGINNING at the northwest corner of Lot 26 as p
BORDI SUBDIVISION" filed in Book S of Maps at Page 28, Santa Clara County Records;thence
along Y
the westerly line of said Lot 26, S00°20'00"E 66.75 feet to a point on the southwesterly line of
thence southeasterly
t 2 and centerline of Stevens Canyon Road as shown on said ma y
said Lot 6 P
Y
along Y
said centerline of Stevens Canyon Road, 198 feet more or less to a point of intersection with
the centerline of the most northerly creek as shown on the U.S.G.S. topographical map entitled
"CUPERTINO QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES (TOPOGRAPHIC) SE/4
PALO ALTO 15' QUADRANGLE", Section 5,Township 8 South, Range 2 West, M.D.B. &M.;
thence southwesterly along the centerline of said creek to a point where said creek forks; thence
westerly along the centerline of the most northerly fork of said creek to a point of intersection with
said 500.00 foot radial arc, said radius point of arc being the fork of the creek as described in the
aforesaid PARCEL A-1,also being the TRUE POINT OF BEGINNING,thence continuing along
the centerline of last said northerly fork of creek in a southwesterly direction to the westerly
boundary of the Northwest 'A of said Section 5 and the TRUE POINT OF TERMINUS. The
sidelines of said strip lengthening and shortening so that the northeasterly terminus thereof is the
500.00 foot radial arc as described in the aforesaid PARCEL A-1 and the southwesterly terminus is
the westerly boundary of the Northwest '/< of said Section 5.
I
Containing 1.890 acres of land, more or less.
I
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I
PARCEL C:
Being a portion of the lands described as PARCEL TWO,and PARCEL FOUR described in the deed
recorded as Document Number 18122536 in the office of the Recorder,County of Santa Clara,State
of California to wit:
A strip of land 100.00 feet wide lying 50.00 feet on each side of the following described centerline.
BEGINNING at the northwest corner of Lot 26 as shown on that certain map entitled "MAP OF
BORDI SUBDIVISION" filed in Book S of Maps at Page 28, Santa Clara County Records;thence
along the westerly line of said Lot 26,S00°20'00"E 66.75 feet to a point on the southwesterly line of
said Lot 26 and centerline of Stevens Canyon Road as shown on said map; thence southeasterly
along said centerline of Stevens Canyon Road, 198 feet more or less to a point of intersection with
the centerline of the most northerly creek as shown on the U.S.G.S. topographical map entitled
"CUPERTINO QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES (TOPOGRAPHIC) SE/4
PALO ALTO 15' QUADRANGLE", Section 5,Township 8 South, Range 2 West, M.D.B. & M.;
thence southwesterly along the centerline of said creek to a point where said creek forks; thence
westerly along the centerline of the most southerly fork of said creek to a point of intersection with
said 500.00 foot radial arc, said radius point of arc being the fork of the creek as described in the
aforesaid PARCEL A-1,also being the TRUE POINT OF BEGINNING;thence continuing along
the centerline of last said southerly fork of creek in a southwesterly direction to the southerly
boundary of the Northwest '/4 of the Northwest '/4 of said Section 5 and the TRUE POINT OF
TERMINUS. The sidelines of said strip lengthening and shortening so that the northeasterly
terminus thereof is the 500.00 foot radial arc of the aforesaid PARCEL A-1 and the southwesterly
terminus is the southerly boundary of the Southwest '/4 of the Northwest '/4 of said Section 5.
Containing 3.624 acres of land, more or less.
PARCEL D:
Being a portion of the lands described as PARCEL TWO,and PARCEL FOUR described in the deed
recorded as Document Number 18122536 in the office of the Recorder,County of Santa Clara,State
of California to wit:
A strip of land 100.00 feet wide lying 50.00 feet on each side of the following described centerline.
BEGINNING at the northwest comer of Lot 26 as shown on that certain map entitled "MAP OF
BORDI SUBDIVISION" filed in Book S of Maps at Page 28, Santa Clara County Records;thence
along the westerly line of said Lot 26,S00'20'00"E 66.75 feet to a point on the southwesterly line of
said Lot 26 and centerline of Stevens Canyon Road as shown on said map; thence southeasterly
along the centerline of Stevens Canyon Road, 2117 feet more or less to a point of intersection with
the northeasterly prolongation of the centerline of the most easterly creek as shown on the U.S.G.S.
topographical map entitled"CUPERTINO QUADRANGLE CALIFORNIA 7.5 MINUTE SERIES
(TOPOGRAPHIC)SE/4 PALO ALTO 15' QUADRANGLE", Section 5,Township 8 South,Range
2 West, M.D.B. & M., said creek also described as Redwood Creek in the deed recorded as
Document Number 17520948,Santa Clara County Records,said intersection also being the TRUE
POINT OF BEGINNING,thence southwesterly along the centerline of said Redwood Creek to the
westerly boundary of the Southeast '/4 of the Northeast '/4 of said Section 5 as described as a portion
of PARCEL 2 in the deed recorded as Document Number 18122536, Santa Clara County Records,
and the TRUE POINT OF TERMINUS. The sidelines of said strip lengthening and shortening so
that the northeasterly terminus thereof is the centerline of Stevens Canyon Road and the
southwesterly terminus is the westerly boundary of the Southeast 1/4 of the Northeast '/4 of said
Section 5.
Containing 2.555 acres of land, more or less.
SURVEYOR'S STATEMENT:
This description was prepared by me or under my direction in conformance with the
requirements of the Land Surveyor's Act.
N,7 � Date � � O SG�
D ght J. Busalacchi, PLS 7903
M T L F,c
Prepared by the Santa Clara Valley Water District, San Jose, CA 1
* 1.5.7l03
%P EXP.12-31-07
rF�F CAI.�F��
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SANTA CLARA COUNTY
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LOCATION
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3132 32
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le S-M-28
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PARCEL C.
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PENINSULA PROJ. NO. 1029
O FILE NO. 172
OPEN SPACE TRUST APN 503-05-039
d°r�V�011ey �Wob
� � SANTA CLARA COUNTY
� DRAWN E. ZOZAYA
DATE 10/31/06
EXHIBIT A-1 PENINSULA OPEN SPACE TRUST
P.O.B. T.P.O.B.
31 32 PCLS. A.A-1.B.C.& D PCLS. A & A-1 32 33
. . CURTO 5 4
6 5 ~a"'a DOC.NO. MAP
18278487 OF
PENINSULA o ti°„ BORDI SUBDIVISION
OPEN SPACE 9 ' PARCEL A-1 S-M-28
TRUST b l!eis
O.IOO S 1 2 11 10 9 B 7 B 5 ♦ 3 2 1
T.P.O.B. £ �b.. . . . . . o0
PARCEL B 4, '"'
-CR EEK
�0 PENINSULA PCL D
pro OPEN SPACE T.P.O.B.ROAD
TRUST
`b. . 100.
°' PENINSULA ¢G oo'
0. OPEN SPACE 4�7
Q0' b TRUST 'OO�y�
DOCUMENT NO.18122536 'o O�� GREE
Qr 10p 0o PARCEL FOUR 00 Op0 PENINSULA
PARCEL C OPEN SPACE
0 Qyv TRUST
MIDPENINSULA c��z DOCUMENT NO.18122536
REGIONAL OPEN 4 L
SPACE DISTRICT �i+Q`0' PARCEL TWO
DOC.NO. O`o
762045I
SECTION 5,TOWNSHIP 8 SOUTH,RANGE 2 WEST,M.D.M.
N
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3 RIPARIAN BUFFER
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AREAS TO BE ACQUIRED
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PARCEL A-1 = 44.243 Act
aPARCEL B = 1.890 Act
TABLE
�LIONE
NG DISTANCE PARCEL C = 2.555 Act
PARCEL D = 2.555 Act
Oo"E 66.75'
o TOTAL AREA = 69.063 Act
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3�: REV. APPR. DATE DESCRIPTION TITLE REPORT NO.
0 1 DRAWN E. ZOZAYA
2 DATE 10/31/06
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Exhibit B: Ranch Area Subset FEET 0 100 200 e
����• Existing unpaved road/trail 3. Bathroom building 6. Center/highest point of picnic area
BJwl.m f.ni6nh S,.ma C.IJra+•ally++tryr Dun.t��ay.a Sr.en<
1. Main driveway entrance 4. Well and shed 7. Water and propane tanks C.Jn++m Ra,h a,I MROSD uall wnr
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2. Westernmost turn in driveway S. Bridge 8. Garage
I
Regional Open Space
------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-152
Meeting 06-29
December 13, 2006
AGENDA ITEM 4
AGENDA ITEM
Authorize the General Manager to Waive Certain Closing Conditions to Purchase Agreement-Bargain
Sale for the Purchase of Peninsula Open Space Trust(Driscoll Ranch) Property,(San Mateo County
Assessor's Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 082-140-020;
082-170-010, -040), Located in Unincorporated San Mateo County Adjacent To Highway 84, as an
Addition to La Honda Creek Open Space Preserve;Authorize the General Manager to Execute a Contract
with AGE USA Integro,Insurance Brokers for Pollution Liability Coverage for the Driscoll Property for a
Contract Amount of$204,180 plus $6,482.72 for Required-State Taxes and Fees for a Total Amount of
$210,662.72
GENERAL MANAGER'S RECOMMENDATIONS
1. Authorize the General Manager to waive certain Closing Conditions to the Purchase Agreement-
Bargain Sale with the Peninsula Open Space Trust(Driscoll Ranch)Property as follows:
A. Authorize the General Manager to waive the Residential Lease Agreement with Driscoll Ranches,
LLC and related documents as a Closing Condition of the Purchase Agreement.
B. Authorize the General Manager to waive the Springwater Easement Agreement with Driscoll
Ranches, LLC as a Closing Condition of the Purchase Agreement.
2. Authorize the General Manager to execute a contract with AGE USA Integro Insurance Brokers for
Pollution Liability Coverage for the Driscoll Property for a contract amount of$204,180 plus
$6,482.72 for required state taxes and fees,for a total amount of$210,662.72.
DISCUSSION(see attached map) -acre Peninsula Open Space
At your meeting of January 12, 2006, you approved the purchase of the 3,681
Trust(POST)(Driscoll Ranch) property as an addition to La Honda Creek Open Space Preserve at a
bargain sale purchase price of$9,000,000(see Report R-06-07). POST purchased the property in January
2002 for$2 1,000,000. The property's market value was confirmed by an appraisal of the property
adjusted for the 50-year grazing lease with the property's tenant, Driscoll Ranches, LLC(Driscoll
Ranches). The District commissioned appraisal estimated the current fair market value at$25,455,000.
Therefore,with a gift value of$16,45 5,000 and acreage of 3,681,this transaction represents both the
largest gift ever received and the largest property ever purchased by the District. It was originally
anticipated that the purchase would be completed and escrow closed by March 31,2006.
At your meeting of August 9, 2006,you approved a$5,000,000 deposit toward the purchase price,and
extending the escrow until November 1, 2006. Due to a variety of factors, including the complex nature
of this transaction and the difficulties encountered in completing the required Closing Conditions, POST
has agreed to a final extension of the escrow until the end of December 2006. Staff has been working
diligently with Driscoll Ranches to finalize two Springwater Easement Agreements and an Amendment to
the 50-year grazing lease. Staff has also worked to offer pollution liability insurance specific to the
property purchase. At this point in time, final agreement has not been reached with Driscoll Ranches on
the desired agreements. Therefore,the General Manager is recommending that you authorize waiving the
Springwater Easements and the Residential Rental Agreement as closing conditions for the transaction.
Staff and Driscoll Ranches are in general agreement on the use of two springwater systems located on the
�
� ^ ,
R-00-152 Page �
�
� subject property; one serves the Driscoll event center and rodeo located on the south side of highway 84
from the subject property,and the other imushared water system that serves aprivate residence of
�
Driscoll Ranches and the former Fo|gmr ranch residence. The Residential Rental has been
replaced by an amendment k>the grazing lease,when it was determined that the four residences located
� on the property were included as part of the 5O year grazing lease. Driscoll Ranches has vacated the
� former Fo|ger residence for use and occupancy 6v the District.
�
� The Amendment 10 Lease will formalize the termination ofthe Fm)@er residence,clarify the occupancy of
� the other residences as part ofthe ongoing grazing operation,and resolve mouiubyumncm responsibilities of
the residential structures. Because these matters are still being finalized between the District and l]daco||
Ranches,the Springwater Easements and Amendment to Lease will need to be brought back to the Board
for approval aua future Agenda Item after the close ofescrow. Therefore,staff recommends that you
authorize waiving these two Closing Conditions and complete this Bargain 8u|e transaction on or before
December 29, 200A. The other Closing Conditions specified in the Purchase Agreement will be fulfilled
as part of the purchase of the property, including POST's assignment of the grazing lease to the District,
on Access Easement tu the property, and a Bill mf Sale for Personal Property that will be included with the
property purchase.
Pollution Liability Insurance
When you approved the purchase of the Driscoll Ranch property at your meeting of January |2,2OOM,the
Report discussed the presence Vfseveral areas of contamination on the property. /\ Phase]Environmental
Site Assessment and further Subsurface Investigation Report assisted the District iu identifying the areas of
contamination on site. After close of escrow, staff anticipates that the District will, in the future, need b)
further investigate and characterize the degree ofcontamination and, in consultation with nmgo|zUory agencies,
develop rcnmed|ution alternatives and respective costs. The Report stated that, given these circumstances,
District staff would investigate the suitability, need,and cost of obtaining pollution liability insurance specific
to this purchase and would return to the Board with a recommendation about whether to obtain such coverage
prior to close of escrow. These insurance premium costs were estimated to be $120,000tm$200,000.
| Staff has now obtained quotes from insurance carriers providing this coverage, and has reviewed them for
breadth of coverage, deductibles,exclusions,and premium cost. Three insurance companies provided quotes
and sample policies for staff mreview. Integro Insurance Brokers provided the broadest
coverage with the most favorable terms and conditions at the most favorable price. Premium options rouged
from the lowest coverage \inmit($5 Million)with the highest deductible($100,000),to the highest coverage
| |imit($\OM)with the lowest deductible($50`0OO),with a premium range of$l23,OUU for the narrowest
coverage tV $204,DOD for the broadest coverage.
Given the size oy the property,the known historical uses,the extent of prior investigation, and the potential
for the existence of unknown contamination conditions to exist on a large property, pollution liability
coverage imappropriate. The premium compares in order ofmagnitude to the cost mfa typical rernediction
project of any appreciable size. Therefore,the General Counsel and General Manager are recommending that
the District obtain pollution liability insurance from Iotegro Insurance Brokers and select the
| broadest coverage offered. This option would provide lU years Vf coverage,would have the lowest
deductible,and the fewest exclusions. The premium would be $204,100, and with required state taxes and
fees, the total cost would be$210"662.72. The premium would he payable with funds from the New Lands
category ofthe Real Property Budget for the current 2006-2O07 fiscal year, and has been included inthe
proposed mid-year budget adjustments.
CEQA COMPLIANCE
/\ Mitigated Negative Declaration and Mitigation Monitoring Program was prepared by District staff and
included as part oF your January lZ, 2006 mowwtioA, The findings detailed in these documents remain in
effect and unchanged. The District further concluded that the action proposed in this report does not
R-06-152 Page 3
constitute a change to the project that would result in any additional impact on the environment. The
project remains unchanged;these amendments are purely procedural in nature.
BUDGET CONSIDERATIONS
2006-2007 Budget for New Land Purchases
New Land $19,755,120
New Land Purchased this year *(8,210,974)
POST(Stevens Canyon Ranch)Property 5,000,000)
POST(Driscoll Ranch)Property *(4,000,000)
New Land Purchase Budget Remaining $2,544,146
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.
The Board previously approved payment of$5,000,000 toward the full purchase price of$9,000,000 for
the POST(Driscol I Ranch)property on August 9,2006(see Report R-06-1 00).
Current Coastside Protection Area Fiscal Considerations.
The entire 3,68 1-acre property is located in the Coastside Protection Area and is subject to the Agreement
Between San Mateo County and the Midpeninsula Regional Open Space District(Regarding Fire
Services). As part of the County Fire Agreement,the District will pay to San Mateo County Fire
Department annual fees for fire services that are not currently provided with the State Responsibility Area
of CDF. The Fire Services Fee will be$12,311.16 based upon the pro rata share of the assessed value for
the subject property. The Fire Services Fee will increase 2% annually. With the purchase of the POST
(Driscoll) property, the District will own more than 1,000 acres in the Coastside Protection Area, and is
required to make a one-time payment of$50,000 to the County towards the purchase of a four-wheel
drive fire engine. This fire engine will be used by the County to provide fire services to District-owned
and District-managed land within the Coastside Protection Area. The fire engine contribution was
budgeted as part of the Coastside Protection Program in the Planning Department Budget for the 2006-
2007 fiscal year.
The easterly 1,350-acre portion of the property bounded by Harrington Creek to the west and Highway 84
to the east is subject to an Agreement Between La Honda—Pescadero Uned School District and
Midpeninsula Regional Open Space District. As part of the School District Agreement,the District will
pay the La Honda-Pescadero School District an annual fee of$10,259.73. The School District services
fee will increase 2%annually. The remaining 2,33 1-acre portion of the property is not located within the
School District boundary and is not,therefore, subject to this service fee. Assuming that-Driscoll
Ranches will be paying a possessory interest tax to the County of San Mateo,future collections of the fees
payable under these Agreements will be reduced accordingly.
Prepared by:
Michael C. Williams, Real Property Manager
Susan Schectman,General Counsel
Maps Prepared by:
Matt Sagues, Open Space Planner I
Contact person:
Michael C. Williams, Real Property Manager
POST (Driscoll Ranch) Property
Addition La Honda Creek Open -ice Preserve
Me"
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Ilk
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itf 0
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0 0.25 0.5
O Residential Areas Miles
Produced by Midpeninsula Regional Open Space District, December 2005 Scale 1:32,000
. .
Regional Open Space
�
M4|0PEN|NSULA REGIONAL OPEN SPACE DISTRICT
k'U6'|5Z
Meeting V6'29
December 13, 2006
AGENDA ITEM � �
^�~"^�^`~°'° " " �~^," _" �
AGENDAUT0M
Authorize tile General Manager to VVuivc Certain Closing Conditions to Purchase Agreement-Bargain
� Sale for the Purchase Of Peninsula Open Space Trust(Driscoll Ranch) Property, (Sun Mateo County
� Assessor's Parcel Numbers 870-270'O|U. -0ZU, -O30� 07H-2g0-O|0` -U20, '030` -06O; O82-|40-020;
� 0B2-|7O-0|0, -040), Located io Unincorporated Sail Mateo County Adjacent To Highway 84, osun
�
/\ddiduu to [u Honda Creek Open Space Preserve; Authorize the General Manager to Execute oContract
� with ACE i/8/\ for Pollution Liability Coverage for h Driscoll for Contract Amount of
$204`180p}us $G.482.72 for Required State Taxes andF for
GENERAL MANAGER'S RECOMMENDATIONS
� |. Authorize the General Manager k` waive certain Oomi cut-
Bargain Sale with the Peninsula Open Space Trust(Driscoll Ranch) Property as follows: �
�
A. Authorize the General Manager to waive the Residential Lease Agreement with Driscoll Kunohcm,
L[C and related documents as u Closing Condition of the Purchase Agreement. �
�
B. /\u<huhar thc (}ene:o| Manager to waive the 8phnAvxzker Easement Agreement with Driscoll �
Ranches, LL[ as uOwmin�[ondihon of Purchase Agreement.
�
� , �
Z. Authorize the General Manager x» execute a contract with ACE USA for Pollution Liability Coverage �
� for the Driscoll Property for u contract amount of$204,|80 plus $8,402.72 for required state taxes
� and fees, for u k`\u| amount of$2|0,662J2. �
�
� DISCUSSION (see attached map) �
� &| your meeting o[January |2. 2OO6, you approved the purchase of tile I08|-acre Peninsula Open Space �
Trust(PDBT)(Driscoll Ranch) property as an addition to La Honda Creek Open 8pxoc Preserve aUu �
� bargain sale purchase price of$0,0U0,000 (see Report *-OG-O7). POST purchased tile property in January �
�
20O2 for$2|,0OO.U80. The property's market value was confirmed bvan appraisal of the property
uJustud k`r�hc �0'yeur�ruzin� |�axc *i�h �hcpoop��y'a��nunL Driscoll Ranches, L�L (Driscoll
�
,i �
Ranches). The Dim\hctcommiooioow] appraisal estimated the current fair market value o1$25.455,OOO. �
Therefore. with u gift value of$|G.455,000 and acreage of3.68\, dhiytransaction represents both the �
largest gift ever received and tile largest property ever purchased by the DiakioL lt was originally
anticipated that the purchase would be completed and escrow closed by March 3 1, 2006. �
�
A( Your meeting n[August 9, 200h, You approved m $5,O00.000 deposit toward tile purchase price, and �
extending the escrow until November 1, 7000. Due <ma variety offactors, including the complex nature
ofUhis(nanuachnn and the difficulties encountered in completing thc required Closing Conditions, POST �
�
has agreed k`mfinal extension of tile escrow until tile end of December ZO06. Staff has been working �
diligently with Driscoll Ranches to finalize two Springv/e]cr Easement Agreements and an Amendment to �
tile 50-ycur grazing |eaxe Staff �
� �
property purchase. A1 this point in time, 6no| agreement has not been reached with DhocwU Ranches on �
| the desired agreements. Therefore, the General Manager is recommending that You authorize waiving the �
� 9pring`vuter Easements and ihc Residential Tlen1u| Agreement as closing conditions for the transaction. �
| Staff and Driscoll Ranches are in general agreement on the use o[two ephngv/u\ersystems located oil the �
yu ' property, one
Ncc t u serves the Driscoll event center and rodeo located on tile mouth side o[highway 04 �
|
| �
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| �
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R-06-152 Page
�
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from the subject property, and the other is a shared water system that serves a private residence of
Driscoll Ranches and the former Po|gcrrunuh residence. The Residential Km8u| Agreement has been
replaced by an amendment to the grazing lease, when it was determined that the four residences located
on the property were included um part ofthe 5O year grazing lease. Driscoll Ranches has vacated tile
former Fo|Acr residence for use and occupancy hy the District.
� The Amendment to Lease will formalize the termination of the Folger residence,clarify the occupancy of
| the other residences um part o[the ongoing grazing operation, and resolve maintenance responsibilities o[
�
� the residential mouc1unre. Because these matters are still being finalized between the District and Driscoll
� Ranches, the Springwater Easements and Amendment to Lease will need to be brought back to the Board
� for approval usu [utureAgenda Item after tile close ofescrow. Therefore, staff recommends that you
� authorize waiving these two Closing Conditions and complete this Bargain Sale transaction on or before
! Deucmber24, 2006. The other Closing Conditions specified in the Purchase Agreement will he fulfilled �
�
� us part of the purchase of the property, including P{)BT`a assignment ufthe grazing lease to the District,
� un Access Easement k`the property, and a Bill of Sale for Personal Property that will he included with the
� property purchase.
�
Pollution Liability Insurance
When you approved the purchase of the Driscoll Ranch property at your meeting ot'January |2, ZUO6,the
8cpoMdincuso�d1h� proacnc�of�uvcnz| orcoso[uontmnninuiiun on the property. APhamu | Environmental
�
Site /\aycaam�n�und further Subsurface /nv�m(/gu\iun Report uxaiyoed the District in identifying the areas of
� contamination oil site. After close ofescrow, staff anticipates that tile District will, in the future, need to
further investigate and characterize the degree ofuoniuonivationand, in consultation with regulatory agencies,
develop ,cmediudon alternatives and respective costs. The Report stated that, given these circumstances,
District staff would investigate the suitability, need, and cost o/obtaining pollution liability insurance specific
to this purchase and would return to the BwonJ with a recommendation about whether to obtain such coverage
prior to close ofescrow. These insurance premium costs were estimated to be $120,000 to $200,000.
�
� Staff has now obtained quotes from insurance carriers providing this coverage, and has reviewed them for
�
breadth of coverage, deductibles, exclusions, and pvomiumcost. Three insurance companies provided quotes
� and sample policies for staff s review. ACE Insurance provided the broadest coverage with the most favorable
terms and conditions ui tile most favorable price. Pncnnium options ranged from the lowest coverage limit($5
� Million)with the highest deductible($\00,0OO),to the highest coverage limit($|OM) with the lowest
� deductible($50,000), with a prernium range of$123,000 for the narrowest coverage to $204,000 for the
� broadest coverage.
� Given the size of the property, the known historical uses, the extent of prior investigation, and the potential
for tile existence ofunknown contamination conditions to exist on a large property, pollution liability
coverage is appropriate. The premium compares in order o[magnitude/o tile cost ofutypical ocmudiu1ion
pro ect of any appreciable size. Therefore,the General Counsel and General Manager are recommending that
� the District obtain Pollution liability insurance from ACE Insurance and select the broadest coverage offered.
�
This option Would provide 10 years of covet-age, Would have tile lowest deductible, and tile fewest exclusions.
The prcmium would hu $204,|Q0, and with required state taxes and fees, the total cost would he $210,662.72.
The premium would be payable with funds from the New Lands category of the Real Property Budget for tile
� current 2006-2007 fiscal year, and has been included in the proposed mid-year budget adjustments.
| CEQA COMPLIANCE
|
� A Mitigated Negative Declaration and Mitigation Monitoring Program was prepared by District staff and
| included us part of your January \2, 2006meeting. The findings detailed in these documcnto remain in �
� effect and unchanged. Tile District further concluded that tile action proposed in this report does not �
| uonetitutcuchnn��/mthcp ��c�<bu}vvou|dncyu|tinunyudditiuua| innpac(on {h��nvironm�nt� Tile
�
| '`o �
project remains unchanged; these amendments are purely procedural in nature. �
�
|
R-06-152 Page 3
BUDGET CONSIDERATIONS
2006-2007 Budget for New Land Purchases
New Land $19,755,120
New Land Purchased this year *(8,210,974)
POST(Stevens Canyon Ranch) 1roperty 5,000,000)
POST(Driscoll Ranch) Property *(4,000,000)
New Land Purchase Bucket Remaining $2,544,146
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.
.The Board previously approved payment of$5,000,000 toward the full purchase price of$9,000,000 for
the POST(Driscol I Ranch)property on August 9, 2006(see Report R-06-1 00).
Current Coastside Protection Area Fiscal Considerations.
The entire 3,68 1-acre property is located in the Coastside Protection Area and is subject to the Agreement
Between San Mateo County and the Midl)eninsula Regional Open,Space District (Regarding Fire
Services). As part of the County Fire Agreement,the District will pay to San Mateo County Fire
Department annual fees for fire services that are not currently provided with the State Responsibility Area
of CDF. The Fire Services Fee will be $12,311.16 based upon the pro rata share of the assessed value for
the Subject property. The Fire Services Fee will increase 2% annually. With the purchase of the POST
(Driscoll) property, the District will own more than 1,000 acres in the Coastside Protection Area, and is
required to make a one-time payment of$50,000 to the County towards the purchase of a four-wheel
drive fire engine. This fire engine will be used by the County to provide fire services to District-owned
and District-managed land within the Coastside Protection Area. The fire engine contribution was
budgeted as part of the Coastside Protection Program in the Planning Department Budget for the 2006-
2007 fiscal year.
The easterly 1,350-acre portion of the property bounded by Harrington Creek to the west and Highway 84
to the east is subject to an Agreement Between La Honda—Pescadero Unified School District and
Midpeninsula Regional Open Space District. As part of the School District Agreement,the District will
pay the La lJonda-Pescadero School District an annual fee of$10,259.73. The School District services
fee will increase 2% annually. The remaining 2,33]-acre portion of the property is not located within the
School District boundary and is not, therefore, subject to this service fee. Assuming that Driscoll
Ranches will be paying a possessory interest tax to the County of San Mateo, future collections of the fees
payable under these Agreements will be reduced accordingly.
Prepared by:
Michael C. Williams, Real Property Manager
Susan Schectman, General Counsel
Maps Prepared by:
Matt Sagues, Open Space Planner I
Contact person:
Michael C. Williams, Real Property Manager
- POS6(Driscoll Ranch) P -)perty
Addition to La Honda Creek Open Space Preserve
0.
I LT
pen
tea.. 368'1,, _
�
0 3
77)j ��`�\,�.\��i `✓ f C'i^ }`1 �,f; ��
CJ
Oe 0 0.25 0.5 1
� Residential Areas
Miles
Produced by Midpeninsula Regional Open Space District, December 2005 Scale 1:32,000
' ^
`
| Regional Open Space
- ---__,_-------------------
| M10PEN|NSULA REGIONAL OPEN SPACE DISTRICT
|
| R-06'|4l
Mnetio&O6-2
December 13, 2000
����|���U�� D7Pl��� � �
� ^�~"^�^`^.'~ " " °�^," .' �
� AGENDA07EM
�
Dedication Status o[District Lands
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached Resolution dedicating interests in certain District lands for public open space purposes.
INTRODUCTION
|n accordance with the Board's Dedicated Lands Policy us last amended January 22, 1086 (yee Report
R-86-03), ail Annual Report indicating tile status of District lands as dedicated or uncledicated is to be
presented to you in December of each year. According{nthis policy: "Normally, undrdicmcd lands within
the District's boundaries will be held for future dedication to park or open space, or both purposes, but Only
after the necessary planning, boundary adjustments, provision for permanent access and other possible
changes in Configuration, which may involve the disposal or exchange ofinterests in all or portions ofsuch
lands, have been comp|cied.`^ Formal dedications are usually made in December oil the basis n[tile
Annual Report.
During tile year, part o[the use and rnonuAcmen( planning decisions the Board makes for specific parcels �
and preserves is whether to indicate by motion an intention to dedicate certain ink:oco\s in land, such as fee
title or open space mr trail easements. Note that although a motion of intent to dedicate might bcadopted �
| when tile Preliminary Use and Management Plan for o new land purchase is approved, this does not mean
� that the property would necessarily be dedicated \hc following December. That is because it is usually
prudent to wait until tile Comprehensive, or at least Interim, Use and Management Plan for all entire
Preserve is adopted or reviewed.
Sincci{ mi&ht benefit(hrpvoAnamof the District o1oonne future bnortn apply development density cmdi(u �
� �
� from dedicated District land to other lands, dedication of these credits is not normally included at the time �
o[the annual dedications. l-heidcohchindwithho|dingpotenbu| dcnsityun:ditsUnmdodicmtion, vvhi|e �
dedicating tile land itself for public open space purposes, is that these credits may represent ail asset ofthe �
District which may be Of Substantial value in thr future. The credits might be used for transfer(o private |
property, potentially increasing the allowed development density oil that property. This might bo done in |
connection with u joint development application with tile private party. \n exchange, some nf that property |
might be permanently preserved or the Wakic1 might receive aoush payment, Which cou|d be used for
| porzhnmc of open space land in another location. Joint development v|ony and transfer o[development �
rights [course, SubjectBoard approval and approval by the [y or County ill which the land nca m
` R'06-141 Page
Status Summary
Table I gives a summary of the dedication status of District preserves. Only those parcels for which
transactions have closed and title has passed to the District on or before December 13, 2006 are included.
The interest in land that the District holds, i.e. fee title, easenment, or other(lease, mmanuOennen{agreement,
etc.), in listed for each category. Rights*[first refusal and/or reversions tothe District are not included.
The District holds un interest in5|,|J| acres of land; 46,365 acres in fee, and 4,766 acres in lesser
interests. The District added 610ucrra in fee interest since December 3|, 2005, including the conversion
0u fee o[334 acres of lands previously leased and managed by the District.
RECOMMENDED DEDICATIONS
� Long Ridge Open Space Preserve
� The 5O-acre former POST(Porto|uLookout)) property iy located along Long Ridge Road ill the �
�
northwestern portion of the Long Ridge Open Space Preserve. The property ia contiguous ioother �
� dedicated lands within the Preserve and includes a prominent ridge top where there are panoramic views o[ �
� coastal lands, including Butuno Ridge and Big Basin. Thia&raxn'nove,ed lookout ia highly visible from �
� surrounding park and preserves. The property was purchase from Peninsula Open Space Trust in
� Deocmbcr2005.
�
� Monte Bello and Saratoga Gap Space Preserves �
� The 36.54'uure former Mitchell/Ham poup*rty. 9].55-ucre Hall property, and 200.7V-uoreThompson �
property are located in Stevens Creek Canyon along Stevens Canyon Road. The Mitchc||/Uamproperty �
and the portions of the Hall and Thompson properties north of Stevens Canyon Road have been added to
� Monte Bello Open Space Preserve. The remaining portions of the Hall and Thompson properties south of �
Monte Bello Road have been added to Saratoga Gap Open Space Preserve. The three properties lie �
�
� adjacent to existing dedicated lands and form an important part of the scenic corridor along Stevens �
� Canyon Road. The properties are very visible from areas within Monte Bc||u and Saratoga Gap Open
Space Preserves and the POST(Stevens Canyon Ranch) property. The proposed Stevens Creek Trail,
� connecting Stevens Creek County Park to Monte Bello Open Space Preserve, is planned in tile vicinity of
� the properties. /\ future connecting trail between tile Stevens Creek Trail and the Bay Area Ridge Trail
� may pass through one or more of these properties. The County o[Santa Clara assisted with tile purchase o[
� the "all property, obtaining un open space easement that requires tile property bc dedicated us public open
�
spuoc �
� �
�
PmrisimumCreek Redwoods Open Space Preserve
The 48O.73'ucrc former POST(Thyoen) property, 183.48-acre former POST(Forde) property and 53.20-
acre former Peery property are located along Irish Ridge Road in the southeastern portion o[puriaimu
Creek Redwoods Open Space Preserve. All three POST properties were acquired with funding assistance
from the Habitat Conservation Fund, and as a result are required to be dedicated. The former Peery
� property is surrounded by the two POST properties. Together, these three properties include amajor
poll ion o[the upper reach o[[obitoa Creek, home to tile federally� threatened a|co|huudkoui. They also
| encompass the highly scenic uppermost portion of Irish Ridgca� viewcd from LnbitoaCrcck Road and
� State Highway |. /kn existing trail descends from Bald Knob to Irish Ridge and then to Lobitoe Creek, and
|
potentially provides an important future regional trail connection between 9uriaimuCrcek Redwoods Open
� Space Preserve and the California Coastal Trail.
|
� Russian Ridge Open Space Preserve
Acquired in2OOh, the |5|-acre POST(|lop|ey Ranch) property forms the western boundary ofRussian
� Ridge Open Space Preserve. The scenic property is accessed [iomRap|cy Ranch Road and includes
| grassland ridges and densely forested canyons that descend down to Mindego Creek. This property
�
' provides panoramic views o[coastal lands, inc|udingK4indcgo Hi|i Qu1ano Ridge and Big Basin. Prior to
|
�
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` R-06-141 Page
� pm���mDL�d � �� ��uL���� n�����m�w�
purchasing - - �
POST, during which time the District secured a Habitat Conservation Fund grant to assist with the land �
purchase. The property includes a network of trails that connect to the Bay Area Rkb�7.rui| |ocut�dokn�u i
- - |
the top ofRussian Ridge, as well as an existing old road that descends to Mindego Creek and may
aunncduy provide u trail connection toward M4indcgoHi||. |
The 48.66-acre former Smith property is located on the ridge top overlooking the POST(Rapley Ranch) |
property. Added t"the Prcac,we in 1440, the Smith property encompasses a major poMion of the highly
�
scenic ridge top as viewed from Skyline Boulevard and surrounding preserves, including Coal Creek, Los
Truncouund K4on/m Bello Open Space Pneacn/ca. The Bay Area Ridge 'Frail passes through the property |
and offers scenic views ofthe K4indego Creek watershed, m1indcgoBi||, and coastal lowlands. The �
� property includes large residence that has been managed aourental residence since being acquired. Due |
to the substantial size ofthe house, exposure iosevere weather conditions and related ongoing maintenance |
! issues, District staff has explored alternatives for transferring a long-term interest in the residence to a |
� private party, but has since determined that such utrmnafe, is unlikely. Based on this determination, it is i
� recommended to proceed with dedication of all o[this property.
|
S0/�y��RY
� !
. �
� (}f the 5|,i3| acres preserved 6v the District, 2,082000s include rights that prevent these lands from |
being dedicated, such as leases and management agreements, |cuving49,U49 acres ofmarketable interests �
i
� in land. (lf this amount, ]]`147 acres(67.6%)are dedicated and |5,902 acres(32.4%) are undedicoted. `
� Upon adoption of the attached Resolution dedicating approximately 1,297.85 additional acres as |
� recommended in this Report, 34,444 acres (7O.2Y6)of marketable acres will be dedicated and 14,005 acres �
| (29.8Y6) will be undedicated. ()f1bc 14,605 acres oFundedicated lands, 12,975 acres(#8.7Y6)are |
� contained in Sierra&xu| Open Space Preserve.
� |
�
Prepared by:
� . '� /
� Del Woods, Real Property Acquisition Planner
� |
Contact person:
Same uaAbove |
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RESOLUTION NO. 06-
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR
PUBLIC OPEN SPACE PURPOSES
The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows:
Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public
open space purposes(pursuant to Public Resources Code Section 5540)the interests in land held by
the District shown herein, except for possible development rights which might be transferred to or
for the benefit of other lands.
INTERESTS IN LAND TO BE DEDICATED
(EXCEPT FOR POTENTIAL DENSITY CREDITS)
Board
Approval Closing Property
Preserve/Area Grantor Date Date Acreage Interest
Lonu Ride POST(Portola Lookout) 12/202005 01/06/2006 50.00 Fee
Monte Bello/Saratoga Gap Hall 12/14/2005 01/06/2006 93.55 Fee
Monte Bello Mitchell (1/3 Interest) 04/23/2003 08/08/2003 11.88 Fee
Ham(2/3 Interest) 04/04/2002 06/28/2002 23.76 Fee
Monte Bello/Saratoga Gap Thompson 02/12/2003 04/08/2003 200.79 Fee
Purisima Creek Redwoods POST(Forde) 04/06/2005 10/31/2006 183.48 Fee
Purisima Creek Redwoods Peery 11/15/2006 12/01/2006 53.20 Fee
Purisima Creek Redwoods Pos,r(Thysen) 12/10/1997 12/30/1997 480.73 Fee
Russian Ridge POST(Rapley Ranch) 12/20/2005 01/06/2006 151.00 Fee
Russian Ridge Smith 11/08/1989 01/05/1990 48.66 Fee
TOTAL 1,297.05
Dedication Status Summary Report
Fee,Easements and Other Fee Acreage Easements on Private Land Easements on Public Land Lease and Contnbu- Other
Manage- tion Only Interest
Preserve Dedicated Undedicat- Total Dedicated Undedicat- Intended Dedicated Undedicat- Intended Dedicated Undedicat- Intended rnent
Acres ed Acres Acres ed ed ad
Bear Creek Redwoods 414.96 929.80 1,34416 414.96 92860 928.29 0,00 1,20 1,20 0.00 0,00 0,00 0,00 OM OM
Briggs Creek 0,00 1M 1.00 OM 1,00 0.00 OM 000 0,00 000 OM 0,00 0,00 OM 0.00
Coal Creek 502,11 5.09 50710 502,11 0,00 OM 0.00 5,09 5,09 0.00 0,00 0,00 OM 0.00 OM
Costanoan Way 0,00 0.00 0,00 OM 0,00 0,00 OM 0,00 0,00 OM 0.00 OM 0.00 0,00 0.00
Edgewood County Park 468,00 0.00 468.00 OM 0,00 0,00 0,00 000 0,00 468,00 0,00 0.00 0,00 0.00 0.00
El Corte de Madera Cre 2,812.79 3,80 2,816.59 2,812,79 380 0,00 000 OM 000 0,00 0,00 0.00 0,00 0,00 0,00
El Sereno 1,39295 21_57 1,414,52 1,392.83 2053 OM 0.12 0,35 OM 0,00 0,00 0.00 0,00 0,00 0,69
Felton Station 0.00 4121 4321 0,00 43,21 0,00 0,00 0,00 0.00 0,00 0,00 OM 0,00 0,00 0.00
Foothills 211.28 0,40 211.68 211.28 0,00 0.00 0.00 0.40 0,00 0,00 0.00 0,00 OM OM OM
Fremont Older 735.09 4,00 739.09 735,09 0,00 0.00 OM 400 000 0,00 0,00 0.00 OM 0.00 0,00
G.G.N.R.A. 0.00 1,227,26 1,227.26 0,00 OM 0,00 0,00 0.00 0,00 0.00 0,00 0.00 0.00 1,227,26 0,00
La Honda Creek 2,001.74 76.48 2,078.22 2,001.57 76,48 10,00 0,17 000 OM 0,00 0.00 0,00 0,00 0,00 0.00
Long Ridge 11,891.56 143.13 2,034,69 1,878,41 8979 50,00 13,15 000 0,00 OM 0,00 0,00 39,33 0,00 14.01
Los Trancos 274,31 OM 274,31 27431 0.00 0-00 0,00 000 0.00 0,00 0,00 0.00 0,00 0.00 0.00
Mills Creek 959.73 0,00 959,73 9%73 0,00 0,00 000 0,00 0,00 000 OM 0.00 0.00 0.00 000
Monte Bello 2,191%19 273,83 3,133,02 2,859,19 154,66 52,90 000 24,90 24,90 0.00 0,00 0,00 85.37 0,00 8,90
Friday,December 01,2006 Page 1 of 2
Fee,Easements and Other Fee Acreage Easements on Private Land Easements on Public Land tease and Contnbu- Other
Manage- tion Only Interest
Preserve
Dedicated Undedicat Total Dedicated Undedicat Intended. Dedicated Undedicat-. Intended Dedicated Undedicat- Intended ment
Acres ed Acres Acres ed ed ',.. ed
Moody Gulch 000 163.86 163,86 0.00 0,00 0,00 0.00 0.00 0,00 0.00 0.00 000 0,00 163.86 0.00
Picchetti 307,89 0.00 307.69 30T89 0 00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00
Pulgas Ridge 365.78 0.10 365,88 365,78 0,00 0,00 0.00 0,00 0.00 0.00 0,00 0.00 0,00 0,00 0,10
Purisima Creek 2,554.82 805.66 3,360.48 2,554.82 805.56 801,44 0.00 0,00 0.00 0.00 O.00 0.00 0,00 0.00 0.10
Rancho San Antonio 3,632.89 166.70 3,799.59 2,13Z53 1.20 0,00 1,495,36 0.50 0.00 0.00 0.00 0.00 165,00 0.00 0.00
Ravenswood 371.67 1,45 373-12 273.67 0.00 0.00 0,00 1.45 0,00 0.00 0.00 0.00 98.00 0,00 0.00
Russian Ridge 109.17 309.21 1,978,38 1,669.17 303.21 151,00 0,00 0,00 0,00 O.00 0.00 0.00 0-00 0.00 6.00
Saratoga Gap 891.70 650.28 1,541,98 891,70 412,13 40,65 0.00 0,00 0.00 0.00 0.00 0.00 238.15 0.00 0,00
Sierra Azul 4,403.73 13,010.46 17,414.19 3,963.31 12,944,68 1,476,12 68,42 30,44 2015 372,00 000 0,00 34,11 0,00 1,24
Skyline Ridge 2,132,50 %00 2,142,50 2,051,53 Moo 0,00 80,97 0.00 0.00 0,00 0,00 0.00 0,00 0.00 0,00
St. Joseph's Hill 267.64 2,50 270,14 173,64 0.00 0,00 94,00 2.50 0.00 0,00 0.00 0,00 0,00 0,00 0.00
Steven's Creek Shorelin 54,74 0.00 54,74 53.74 0.00 0.00 1.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
Teague Hill 623,76 2,38 626.14 623.76 2,38 2,38 0,00 0.00 0.00 000 0.00 0.00 000 0.00 0.00
Thornewood 140.79 2&98 166.77 136,24 15.98 0,23 4.55 MOO 0.00 0.00 0,00 0.00 0,00 0,00 0.00
Windy Hill 1,304.49 7.79 1,312.28 1,304,49 200 0,00 0.00 5.79 5.79 0.00 0.00 0,00 0,00 0,00 0,00
piprosom 33,245.27 17,885.95 51,131.22 30,549.53 16,815.21 3,513.01 1,757.74 86.62 57.23 840.00 0.00 0.00 659.96 1,391.12 31.04
Nft E^l wMm IMWW MW By ow
Friday,December 01,2006 Page 2 of 2
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-148
Meeting 06-29
December 13, 2006
AGENDA ITEM 6
AGENDA ITEM
Approve "Mid-Year" Amendments to the 2006-2007 Fisc Year Budget
GENERAL MANAGER'S RECONINIEND17)AT S
I Accept the District Controller's Mid-Year Financial Report.
2. Approve the attached Resolution implementing an amendment to the 2006-2007 Fiscal
Year Budget in accordance with the Administration and Budget Committee
recommendation.
DISCUSSION
The 2006-2007 Fiscal Year Budget was approved at your March 22, 2006 meeting (R-06-40).
The Administration and Budget Committee (ABC) met on November 28, 2006 to review annual
mid-year budget adjustment proposals and to discuss the following:
1. Controller's report on the mid-year budget income and expenditures for fiscal year 2006-
2007.
2. Fiscal year 2005-2006 year-end summary of actual versus projected expenditures.
3. Fiscal year 2006-2007 budget analysis and proposed mid-year adjustments.
At the meeting, staff recommended adjustments to specific budget categories based on current
spending, progress to date on major projects, unanticipated changes in planned activities, new
project requirements, and previous Board-approved changes. The Board-approved changes
made prior to this mid-year budget adjustment include: $65,967 for the General Liability and
Workers Compensation program insurance retro deposits approved at your July 12, 2006
meeting (R-06-77), and $183,000 for the salary and benefit adjustments approved at your August
9, 2006 meeting (R-06-86). When these budget items were approved, the Board designated the
New Land Purchases account for the allocation of funds as needed.
In addition, the mid-year budget adjustment proposes to reduce the New Land Purchase account
by $242,504 to cover unanticipated expenditures of$46,500 for retiree sick-leave conversion for
one employee retiring December 31, 2006 and $196,004 of the $215,000 premium cost for a 10-
year pollution insurance policy for the Driscoll Ranch purchase.
Overall, the mid-year changes will result in no net change to the approved District budget of
$51,330,320, but reduces the New Land Purchase account by a total of$491,471. These changes
R-06-148 Page 2
will affect the operating budget, bringing the new operating budget to $11,051,139, a 17.8%
increase from the 2005-2006 fiscal year approved operating budget. Although the operating
budget increase is significant, the ABC feels that the percent change is warranted given the
District's effort over the past three years to limit growth in operating expenses during the State
property tax "take-away." Therefore, the ABC felt that no further discussion is needed at this
time regarding the operating growth guideline. However, the ABC will meet again on December
12, 2006 to discuss further the resource management budget, the integration of the Coastside
Protection Program budget into the District's operating expenses, and the definition of costs
associated with land purchases.
The following is a summary of the significant budget adjustments being proposed at this time:
• A total of$301,942 (including the $183,000 approved previously) in Salaries and
Benefits to pay for merit and cost of living increases for Board Appointees (+$34,647),
salaries for General Manager Appointees (+$115,634), PERS and retire medical
(4123,156) the Worker's Compensation retro deposit (+$53,030). Savings from Life and
Long-term Disability insurance premiums (-$24,525) are also included in this amount,
• A net increase of$5,000 in Legal Services as a result of increases for Coastside
Protection Program litigation and legal review of personnel rules and contract agreements
(+$50,000) coupled with savings in legal fees for encroachments (445,000).
• An additional $10,900 in Outside Service payments primarily for temporary office help
due to unanticipated vacancies in the Administration Department.
• A net savings of$16,000 in Contract Services for various adjustments within the account:
increases include funds for an engineering study for the grading permit required by San
Mateo County for work at the Skyline Ridge tree farm (+$25,000), predator control at
Ravenswood (+$5,000), Bay Area Ridge Trail study (+$6,000) and the Land
Management Study currently conducted by LA Consulting (+$40,000), and decreases are
the result of the high level of staff involvement in the Sierra Azul/Bear Creek Master
Plan (444,000), less freelance writing and web maintenance work needed in Public
Affairs (411,500), Phase 11 of the Resource Management Study planned to be performed
by Environmental Science Associates not needed (-$20,000), less pig control efforts
needed as a result of the District's prior efforts (415,000), and other minor savings
(41,500).
• A decrease of$79,040 in Election Expenses due to the lack of the election.
• A savings of$5,000 in Rents and Leases due to deferring trailer rental equipment at the
Skyline Field Office
• An increase of$3,800 in Utilities in response to weather related use increase at the
District's Administrative Office.
• An increase of$14,084 in Insurance for the General Liability retro deposit.
• An additional $2,000 in Advertising for the special appointment for the Board vacancy,
• An increase of$55,000 in District Vehicles for increased fuel costs and maintenance and
repairs of vehicles.
• A decrease of$1,000 in Business Meetings because of anticipated savings.
• A decrease of$9,725 in Personnel Development due primarily to savings in Educational
Assistance from unanticipated vacancies and savings in Board recognition activities.
• An increase of$2,000 in Maintenance and Repair of Equipment resulting from higher
cost of parts.
R-06-148 Page 3
• An increase of$3,600 in Computer Expenses for an additional ArcGIS license, software
needs, and the unanticipated replacement of a laptop.
• A net increase of$2,300 in Office Supplies/Small Equipment to upgrade a GPS unit
receiver.
• A $27,000 decrease in Field Supplies/Small Equipment because the Skyline Tree
Removal work will be deferred until an unanticipated permit is obtained from San Mateo
County.
• A net increase of$62,200 in Outside Maintenance Services primarily due to repair of
winter storm damage at Bear Creek, monies for the herbicide contractor, goat contractor,
and for an outside storage shed at the Administrative Office.
• A decrease in the New and Prior Land Purchase account of$491,471 for previous Board-
approved adjustments and other needs as discussed above.
• A net increase of$234,000 in Real Property Support Costs for various projects including
an environmental pollution policy for the Driscoll Ranch property (+$215,000), Hayes
deck repairs, and various site clean-up costs.
• A net savings of$68,000 in Structures and Improvements primarily due to deferring
various Planning projects such as the HVAC repair at Skyline Field Office, the build-out
of the Administrative Office, and installation of the bridges at El Corte de Madera.
Controller Mike Foster's status report indicates that mid-year spending levels are on track as
compared to prior years. The Controller's detailed report is attached.
Prepared by:
Michelle Jesperson, Management Analyst
Contact person:
Sally Rice, Assistant General Manager
EXHIBIT A
Midpeninsula Regional Open Space District Mid-Year Budget for Fiscal Year 2006-2007
Proposed Amended Mid-Year
Budget Amount Budget
I. Revenues
A. Tax Revenues 21,887,000 21,887,000
B. Grant Income 5,392,000 5,392,000
C. Interest Income 1,300,000 1,300,000
D. Property Management-Rental Income 825,000 825,000
E. Other Income 200,000 200,000
TOTAL REVENUES 29,604,000 29,604,000
11. Change in Reserves (21,726,320) (21,726,320)
Ill. Expenditures
A. Debt Service
1. Interest 3,902,875 3,902,875
2, Principal 3,259,355 3,259,355
Debt Service Subtotal 7,162,230 7,162,230
B. Salaries
1. Board Appointees 321,198 19,437 340,635
2. Board Appointee Meritorious Awards 0 15,210 15,210
1 General Manager Appointees 5,503,247 115,634 5,618,881
Salaries Subtotal 5,824,445 150,281 5,974,726
C. Benefits 2,041,946 151,661 2,193,607
D. Director's Fees 25,000 0 25,000
Salaries and Benefits Subtotal 7,891,391 301,942 8,193,333
E. Services and Supplies
1. Legal Services 124,500 5,000 129,500
2. Regular Outside Services 152,000 10,900 162,900
3. Contract Services 1,058,910 (16,000) 1,042,910
4. Election Expense 80,000 (79,040) 960
5. Library and Subscriptions 11,567 0 11,567
6, Management Agreements 50,000 0 50,000
7, Rents and Leases 123,043 (5,000) 118,043
8. Utilities 147,130 3,800 150,930
9. Postage 61,352 0 61,352
&-06-148 Page
|O. Printing and Duplicating 40.050 500 40.550
� | | Insurance 99.971 14`084 114,055 �
� |2� Advertising 9�00 2�O0 ||�80 �
� �
13 �4npmand �chu|s |4.|50 O |4.|50� �
�
14� Private Vehicle 13.800 600 14,400
�
15. District Vehicle 229.800 55,000 284,800 �
16. Business Meeting 14,550 (1,000) 13,550
� 17. Personnel Development 122{35 (9J25) 112.910 �
� 18. of Equipment 27,000 2,000 29,000 �
� |V. Computer Expenses 65,290 3`600 68.898 |
20� Office Supplies/Small Equipment 32.050 2`300 34,350
21, Field Supplies/Small Equipment 172.700 (27,000) 145.700
22. Outside Maintenance Services 429.381 62,200 491,581 �
23 Permits, |6,7O8 O |6.7OO
� � |
24, Miscellaneous 650 (250) 40
/
25� Communicahono - Pub}icnionm 111,575 0 111,575
26. Communications ' Special Projects 15,100 (750) 14,350 �
27. Volunteer Program 30.095 (190) 29.985
� |
� Services and Supplies Subtotal 3`253`199 23,029 3`276'228 |
�
F. Fixed Assets
L New& Prior Land Purchases 31.250,000 (491/471) 30J50,529 �
2. Real Property Support Costs'Appraisals,Title, �
Legal, Engineering 314`000 234.500 548.500
�
l Guadalupe Land Company 0 0 U
4. Structures and Improvements 1.078.500 (68.000) 1.010,508 �
� S Field/Office |43.80O 0 >43,8O0 �
� �
� 6 Vehicles 23D.080 U 2]8�U0
� �
Fixed Assets Suhtotm| 33,023,500 (324,971) 32,690529 �
� TOTAL EXPENDITURES 51,338,320 V 51,330,320
�
| �
|
|
|
�
�
�
|
|
�
i
RESOLUTION NO. 06-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING
AMENDMENTS TO THE BUDGET FOR FISCAL YEAR 2006-2007
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
WHEREAS, District staff conducts a review of expenditures at mid year; and
WHEREAS, based on current spending, progress to date on major projects, unanticipated
changes in planned activities and previous Board approved changes; it is desirable to amend the
existing budget; and
WHEREAS, the Administration and Budget Committee recommends adoption of the
amended budget.
NOW, THEREFORE, be it resolved as follows:
Section One. The Board of Directors of the Midpeninsula Regional Open Space District does
hereby adopt the attached amended budget (Exhibit A) for 2006-2007, which amends Resolution
No. 06-xx accordingly.
Section 'Two. The budget for the Midpeninsula Regional Open Space District for fiscal year
2006-2007 is amended as set forth in Exhibit A, a copy of which is attached hereto and made a
part hereof by reference.
Section Three. Monies are hereby appropriated in accordance with said budget.
s
Regional Open Spi
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
NOVEMBER 27, 2006
To: Board of Directors
FROM: M. Foster, Controller
SUBJECT: Mid-Year Financial Review
CONTROLLER's REPORT
Attached are unaudited financial statements for the six months ended September 30, 2006.
Exhibit A contains the District's September 30 balance sheet compared to our audited position
on March 31. Our cash balance is down by $5.2 million as the District made $5.2 million of debt
service payments and made a$5 million payment on the Driscoll property. A total of$5.3
million of land acquisition payments were made in the period; these are detailed in Exhibit-E.
No acquisition-related grant income was received. It should be noted that$3.1 million of the
$41.2 million cash balance are reserve funds to secure outstanding public notes, and, therefore,
not available to fund District expenditures. No new debt was issued during the period.
Exhibit B shows our six-month revenues compared to the same period a year ago and to the
twelve month budget. Tax receipts are up about 10.5% from the prior year, due to continued
strong growth in assessed valuations and the end of the two-year ERAF revenue shift to the state.
For the full fiscal year, tax revenue will likely exceed budget by some $400,000. The only grant
receipt of the period was $126,065 for Pulgas Ridge staging and trail development. Interest
income will exceed the budget by around 15% due to higher interest rates and slower land
purchases. Property management and other income are consistent with budget.
Exhibits C and D review six-month operational and development spending against the twelve
month budget (C) and compared to the same period last year (D). The District spent 46% of its
twelve-month administrative, operations, and development budget during the first six months.
This is slightly higher than our mid-year position in the prior five years (45%, 44%, 43%, 43%,
44%). By department, six month (non-land purchase) spending versus the twelve month budget
was Administration 50%, Operations 50%, Acquisition/Enterprise 47%, Public Affairs 42%, and
Planning 35%. By type of expense, salaries and benefits ran at 50% of annual budget, structures
and improvements at 34%, contract services and outside services at 21%, equipment and vehicle
purchases at 79%, and all other expenses at 47%. Salary and benefit expense represented 66% of
33o Distel Circle 650-69ruoo info@'openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 9E022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nanette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
i
i
Mid-Year Financial Review
November 27, 2006
Page 2
total District operational expenses. This salary/benefit percentage is similar to its share in the
prior five first halves (68%, 63%, 67%, 66%, 61%).
As shown in Exhibit D, administration, operations and development spending is up 15% from
last year's first half spending rate. About half of this increase was in salaries and benefits, which
were up 11%. Salaries were up 8% and benefits increased 20%, led by a 45% increase in worker
compensation expenses and a 25% rise in group insurance costs. Total benefits represented 38%
of total salaries compared t o 0 35/o m the prior
o year period. The other line it
em generating
P p Y P g rating a
significant increase was purchase of equipment and vehicles, up 178% and representing 25%of
the overall spending increase. At the current spending rate, operational spending in fiscal 2007
will be about 47% of tax revenue—in line with financial projections and trends.
Overall, the financial results of the first six months indicate revenues and expenditures are
consistent with the District's long-term financial plans.
Prepared by:
Michael Foster, Controller
Contact person:
Same as above
(
i
i
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Marcb 31 and September 30,
(Thousands)
September 30, 2006 March 31, 2006
(Unaudited) (Audited)
---------------------- -----------------
cash and investments $41,172.3 $46,402.0
Receivables
6,I04.4 61650.2
Land, at cost 253,374.1 248,036.4
Equipment 2,757.2 2,465.7
Structures and improvements 13,749.7 23,469.3
---------------------- -----------------
TOTAL ASSETS $33.7,157.7 $33.7,023.6
---------------------- -----------------
Accounts Payable $339.8 $330.0
Accrued Liabilities $306.2 414.8
Land Contract Debt $2,011.5 2,024.8
Public Notes Payable $124,986.0 128,211.0
---------------------- -----------------
TOTAL LIABILITIES $127,643.5 $130,980.6
---------------------- -----------------
TOTAL EQUITY $189,514.2 $186,043.0
-------------------- -----------------
EXHIBIT B
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
II
Six Month Revenue Versus Prior Year (Unaudited)
(Thousands)
6 Months Ended September 30
2006 2005
---------------------- -----------------
Property Taxes $8,845.0 $8,004.0
Tax Subventions 533.0 533.0
Interest Income 747.5 539.7
Grant Income 126.1 2,066.1
Property Management 374.6 379.3
Gifts of Land 0.0 2,818.0
other 123.3 225.5
---------------------- -----------------
TOTAL RECEIPTS $10,749.5 $14,565.6
Six Month Revenue Versus Twelve Month Budget
2006 2006
Twelve Month Six Month
Budget Receipts Received
--------- --------
Property Taxes $21,099.0 $8,845.0 42
Tax Subventions 788.0 533.0 68
Interest Income 1,3DO.0 747.5 58
Grant Income 5,392.0 126.1 2
Property Management 825.0 374.6 45
Gifts of Land D.0 0.0 0
Other 200.0 123.3 62
---------------------- ----------------- --------------
TOTALS $29,604.0 $10,749.5 36
EXHIBIT C
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Six Month Operating v. Twelve Month Budget
April - September, 2006
(Thousands)
Twelve Month Six month
Budget Spending Spent
--------------------- ---------------- --------------
Salaries $5,824�4 $2,841�5 49
Benefits 2,067. , .
--- ------- --------0- ----------1--10D----8 --------5--3
- - -
Subtotal $7,891.4 $3,942.3 50
Other Contract Services/outside Services 11210.9 253.5 21
Private & District Vehicle Expense 243.6 142.1 58
Outside Maintenance Service 429.4 188.3 44
Acquisition Expense (Inc. Legal) 438.5 263.2 60
Structures & Improvements/Parking Area 1,073.5 361.4 34
Printing & Duplicating 40.0 12.5 31
Rents, Leases & Management Agreements 173.0 48.8 28
Training & Conferences/Personnel Development 122.6 42.2 34
Equipment & vehicles 381.0 300.5 79
Insurance 100.0 105.4 105
Utilities 147.1 77.5 53
Postage & Office Supplies 93.4 38.0 41
Communications(Publications & Projects) 126.7 46.9 37
Library & Subscriptions 11.6 4.1 35
Computer Expense 65.3 42.7 65
Field Supplies/Taxes, Permits & Licenses 189.4 61.8 33
Maintenance & Repair-Equipment 27,D 16.8 62
Volunteer Programs 30.1 16.3 54
Other Non-Land 123.5 13.8 11
--------------------- ---------------- --------------
TOTAL (NON-LAND) $12,918.0 $5,978.1 46
Debt Service 7,162.3 5,186.7 72
Land Acquired 31,250.0 '5.265.0 17
--------------------- ---------------- --------------
TOTAL $51,330.3 $16,429.8 32
EXHIBIT D
(Thousands)
Six Months Operating v. Six Month Last Year
Six Months Ended September 30
2006 2005 % Increase
-------------------- ---`------------- --------------
Salaries $2,B41.5 $2,630.0 8
Benefits 1,100.8 916.5 20
Other Contract Services/Outside Service: 253.5 256.7 -1
Private & District Vehicle Expense 142.1 124.9 14
.0vtside Maintenance Service 188.3 164.2 15
Acquisition Expense *(Inc. Legal) 263.2 205.2 28
Structures & Improvements/Parking Area 361.4 339.7 6
Printing & Duplicating 12.5 9.1 37
Rents, Leases & Management Agreements 48.8 34.5 41.
Training & Conference/Personnel Develops 42.2 47.9 -12
Equipment & Vehicles 300.5 108.2 178
Insurance 205.4 113.E -7
Utilities 77.5 64.5 20
Postage & Office Supplies 38.0 33.1 15
Communications(Publications & Projects) 46.9 46.4 1
Library & Subscriptions 4.1 4.2 -2
Computer Expense 42.7 20.9 104
Field Supplies/Taxes, Permits & Licenset 61.8 59.4 4
Maintenance & Repair-Equipment 16.8 8.5 98
Volunteer Programs 16.3 11.6 41
Other Non-Land 13.8 13.1 5
TOTAL (NON-LAND) $5,978.1 $5,212.4 15
Debt Service 51186.7 4,696.5 10
Land Acquired 5,265.0 4,868.0 8
TOTAL
$16,429.8 $14,776.9 11
EXHIBIT E
Land Acquired April 1 to September 30 2006
Qv P P
SELLER PRESERVE AMOUNT
Interiano Property 255,000.00
Driscoll Property 5,000,000.00
Peery Property Deposit 10,000.00
Tota. $5,265,000.00
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-146
Meeting 06-29
December 13, 2006
AGENDA ITEM 7
AGENDA ITEM
Annual Report to Shareholders of Guadalupe Land Co. as Owners of Property Adjacent to the Mt.
Umunhurn Area of Sierra AzuI Open Space Preserve (San a County Assessor's Parcel Numbers
575-11-004, 575-12-001 and 575-12-013)
GENERAL MANAGER'S RECOMMEN i7
GUADALUPE LAND CO. ACTIONS
Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land
Co.
DISCUSSION
At your meeting of December 15, 2004,you approved the purchase of the Guadalupe Land Co. (GLC), a
private corporation, which included its sole asset, a 286.6 1-acre property, as an addition to Sierra Azul
Open Space Preserve(see Report R-04-134). Through this transaction, the District became the sole
shareholder of GLC (acting through the District's Board of Directors). The following corporate actions
were also approved by the Board, as shareholders, and implemented:
A. Amended and Restated Articles of Incorporation of GLC were filed with the California Secretary
of State.
B. Amended and Restated Bylaws of GLC were adopted.
C. Officers of GLC were appointed as follows:
i. President and Chairman of the Board: District General Manager, L. Craig Britton
ii. Secretary: District Assistant General Manager, Sally Thielfoldt(now Sally Rice)
iii. Chief Financial Officer: District Controller, Mike Foster
D. Frank Rimerrnan was appointed to serve as GLC accountant for preparation of corporate tax
returns and filings.
E. Commercial General Liability Insurance and Directors and Officers Insurance were obtained
through the District's CaIJPIA coverage.
F. Sally Thielfoldt(now Sally Rice) was appointed as the Agent for Service of Process.
As part of the District's 2005/2006 Budget, $64,625 was approved as a separate category for opening a
Guadalupe Land Co. bank account for the operation of the Corporation. The bank account was opened
with an initial deposit of$44,156, approximately $20,000 less than budgeted because staff was able to
secure the necessary insurance through the District's Joint Powers Insurance. The Tax Collector's Office
of the County of Santa Clara cancelled property taxes on the property effective January 5, 2005,the date
,
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� k-06-146 Page
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� of the District's purchase of GLC, providing an additional substantial savings of approximately $35J)O0
� annually.
� At Your meeting of December l4, 2005, anticipated expenses for the GLCin2008were $6,500 (see
� RepoUR'O5'lZ6). Tile actual expenses for 20O0were $6,O2O.|Q (see Attachment /\). 'rhe ending GLC
bank balance of$24,859.82 for 2006 should be sufficient to continue to operate the Corporation for
another three to four years before additional funds will be needed to continue the operation of GI.C.
Annual expenses for 2O0h were reduced by $|,5OO because the Corporate tax returns and other filings
were prepared by the Corporate ChicfFinanciu| Officer, Mike Foster, instead of Frmnk }{imermun. In
2006, GLC incurred $995.18 in legal expenses to help evaluate the most cost-efficient way of possibly
� dissolving the corporation in the future,. It is estimated that the expenses hor2O07 will be $7`025 (see
� Attachment B). In 2007. staff expects to present plan for potentially dissolving the corporation.
� License and Management Agreement
� &m part of the original transaction, the District entered into o License and Management Agreement with
� G[C to manage the property as part of Sierra /\zu| Open Space Preserve, and 0o enforce the District's
rules and nc8u|o1iuns. Thc License Agreement also enabled the District to obtain tile necessary corporate
insurance through the District's Cu|JPl8coverage. AJ your meeting of December \4, 2O05, the License
Agreement was renewed for two additional years, expiring January 5, 2O08. The License Agreement
requinraGLC to pay an annual management fee of$4,200 for patrol and management of the property.
Staff regularly patrols the 2N6.6\-acre property from its deeded access easement through adjacent private
property at the end of Reynolds Road.
�
USE AND MANAGEMENT �
�
The Preliminary Use and Management Plan adopted a1 your meeting of December |5, 2OO4 ,emuinmin
effect and unchanged. Tile Plan states tile property will bo closed 10 public use and will heroutinely �
�
patrolled.
�
Prepared by:
Michue| C. Williams, Real
Contact Person:
Same as above
Attachment A: 2006 Expenses to Date
� Attachment B: 2OO7 Anticipated Expenses
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Guadalupe Land Co. - 2006 Expenses to Date Attachment A
[January Beginning Bank Balance 30,880.00
Date Check No. Expenses Description Bank Balance
4/28/2006 1005 4,200.00 MROSD (annual management fee) 26,680.00
5/212006 1006 25.00 Secretary of State(domestic information filing fee) 26,655.00
( )
6/29/2006 1007 995.18 Coblentz, Patch, Duffy& LLP legal services 25,659.82_Bass 9/5/2006 1008 800.00 Franchise Tax Board-Estimated Tax Payment 24,859.82
Total Expenses to Date: 6,020.18
Ending Bank Balance 1013112006 24,859.821
The Guadalupe Land Co. has no liabilities, and its assets are the cash account listed above and the real
property in unincorporated Santa Clara County commonly known as the Guadalupe Land Co. property.
I certify that this financial statement was prepared from the books and records of the Corporation.
Michael L. Foster, Chi Financial officer
I?,/,-/
aj
Date:
Attachment B
Guadalupe Land Co. - 2007 Anticipated Expenses
2006
IJanuary 1, 2007 Beginning Bank Balance 24,859.82
Expenses Description Bank Balances
4,200.00 License and Management Fees 20,659.82
800.00 Corporate Taxes 19,859.82
25.00 Secretary of State-Ming fee 19,834.82
2,000.00 Coblentz, Patch, Duffy & Bass LLP, Legal Services 17,834.82
7,025.00
jEnding Bank Balance 12/31/2007 17,834.82
Michael L. Foster, Chi Financial Officer
Date:
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Regional Open Space
MVDPEN|NSULA REGIONAL OPEN SPACE DISTRICT .
� R-Oh-\53
McciingU6-2Y
December 13, 2006
� AGENDA ITEM �� �
� '�~"=^^."°�� " " ^'',° ~,
� AGENDADTEM �
� Approval of Pnnpuecd nuyaoPa� �
� . —__'_' - _ Unsecured-
of tile Purchase ofthe Former McKannay Property Additi.6u to the Mt. Umunhurn Area of Sierra&zu| �
� Open Space Preserve
�
GENERAL MANAGER'S RECOMMENDATION
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�
Adopt tile attached Resolution approving, and authorizing execution of, &imndnocntNo. | to Unsecured �
� Promissory Note with Maura McKarmay as part of the former McKannay property purchase. �
� DESCRIPTION (see attached map) �
� At your rneeti ng of October 24, 200 1, you approved a Purchase Ag'reement-Bargain Sale for purchase of �
the 162.06-acre McKanilay property as an addition to tile Mt. UmunhUm Area of Sierra Azul Open Space �
Proacrv� (so� F��po� 8' 0l-2|)� AnpvmvidedinthePurohamc &�re*mnent, andu1thcum||er`arequoa{, un
� �
Amendment was brought k)you that provided for the MoKnnnay Trust to finance o portion o[tile �
$Z,|5O.0OO purchase price. Accordingly, mn December \2` 200\, you approved u Financing Amendment �
� to the Purchase Agreement providing the seller with partial financing ofthe purchase price for the �
seller's tax planning purposes(see Report R,01-26). The purchase included two interest-only, unsecured �
promissory notes totaling $590.000, at ail interest rate of4.l96 per unnum over ten years. The first of �
these notes, in the amount of$340,000, was exercised for ail early payment in January 2003 and was �
mu|Jmc<tnupenalty. The District has until January 10, 2012to pay off the remaining Note with a
principal balance of$25U`00O.
�
Recently, Maura McKannay, tile Holder of the remaining Note, requested an early payoff of the Note in
the amountmf$25O,0OU. Staff has negotiated ail Amendment(o the Note with Ms. MoKunnuy,
restructuring an cudy payment ofthe $250,000 principal ha|unoc into two installments: /\ first
installment o[$| 19,375 reflecting u0.0% discount for the remaining five years of the Note, o,usavings
of$5.625, due December 22, 20O6; and a second and final payment of$|25,0O0, due hv January ]|,
2OO7` with no interest having accrued since tile last quarterly interest installment payment on October |0.
| 2006. reflecting an additional savings of$2,60G.03. Tile total savings/o the District will bo $8,25l.O3.
With the pu�nf[n[this 7�oko \h� Dimtrio�wi|| hxv� puidinfu|| u|| o[i& �nuncin�ob|i�mionstmthe
� " ^
| McKnnnuyhxni|yoa part of the property purchase.
/
Prepared by:
' Michael [. Williams, Real Property Manager
!
� Contact Person:
| Same umabove
�
��
RESOLUTION NO. 06-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING EXECUTION AND DELIVERY OF
AMENDMENT NO. I TO UNSECURED PROMISSORY NOTE
RELATING TO SIERRA AZUL OPEN SPACE PRESERVE—
FORMER LANDS Ol� McKANNAY, AND AUTHORIZING
ALI., OTHER ACTIONS NECESSARY OR APPROPRIATE IN
CONNECTION THEREWITH
The Board of Directors of the Midpeninsula Regional Open Space District(the"District")does resolve as
follows:
WHEREAS, the District previously executed and delivered an Unsecured Promissory Note (the"Original
Note") dated January 9, 2002 for the benefit of Maura Siemers, a married woman as her sole and separate
property, in connection with the District's acquisition of Sierra Azul Open Space Reserve— Former Lands of
McKannay; and
WHEREAS,the District and Ms. Sierners, now known as Maura McKannay, wish to amend the Original Note
to provide for prepayment of the Original Note;
NOW, THEREFORE, BE IT RESOLVED by the Midpeninsula Regional Open Space District, as follows:
,Section One. The Board of Directors of the District does hereby approve execution and delivery of Amendment
No. I to Unsecured Promissory Note(the "Amendment"). The Amendment shall be executed on behalf ofthe
District by the members of the Board of Directors, in the form attached hereto and made a part hereof.
Section Two. All actions heretofore taken by the officers and agents of the District with respect to the
preparation of the Amendment are hereby approved, confirmed and ratified, and the proper officers of the
District, including the Designated Officers, are hereby authorized and directed, for and in the name and on
behalf of the District, to do any and all things and take any and all actions and execute and deliver any and all
certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in
order to consummate the lawful execution and delivery of the Amendment in accordance with this resolution.
Section Three. This resolution shall take effect from and after the date of approval and adoption hereof.
j II
DO NOT DESTROY THIS ORIGINAL AMENDMENT NO. 1 TO UNSECURED PROMISSORY
NOTE: This original Amendment No. 1 must be surrendered, along with the original of the Original
Note, to the Midpeninsula Regional Open Space District before the final principal payment will be
made.
AMENDMENT NO. 1 TO
UNSECURED PROMISSORY NOTE
$244,375.00 January 9, 2002 December 13, 2006
Principal Amount Date of Original Note Date of Amendment No. 1
Los Altos, California
FOR VALUE RECEIVED, the undersigned, MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a California public district ("Maker"), does hereby amend that certain Unsecured
Promissory Note dated January 9, 2002 (the "Original Note", and as amended by this Amendment
No. 1 to Unsecured Promissory Note, the "Note").
1. Amendment of the Original Note. The Original Note is hereby amended as follows:
(a) The name of the Holder is hereby changed from Maura M. Siemers, a married woman as
her sole and separate property, to Maura McKannay, a single woman.
(b) The principal amount of the Note is hereby changed from $250,000.00 to $244,375.00.
(c) Section 1 of the Original Note is hereby amended and restated in its entirety as follows:
1. Payments. Amounts payable by Maker under this Note shall be due and payable
as follows:
(a) Maturity Date: The principal amount hereof shall be paid by Maker on or
before January 31, 2007, as set forth in the following paragraph (b).
(b) Principal: The principal amount hereof, in the aggregate amount of
$244,375.00, shall be paid in two installments, as follows: (I) the first
installment of$119,375.00 shall be due on or before December 22, 2006,
and (ii)the second and final installment of principal, in the amount of
$125,000-00, shall be due on or before January 31, 2007.
(c) Interest: From and after the date of this Amendment No. 1 to Unsecured
Promissory Note, no further interest shall be due and payable. There shall
also be no interest accrued from October 1, 2006 to the date of this
Amendment No. I to Unsecured Promissory Note.
2. Validity of Original Note; Conflict. Except as set forth in this Amendment No. I to
Unsecured Promissory Note, the provisions of the Original Note shall remain in full force and
effect. In the event of any conflict between this Amendment No. 1 to Unsecured Promissory Note
and the Original Note, the provisions of this Amendment No. 1 to Unsecured Promissory Note
shall govern.
3. Governing Law. This Amendment No. 1 to Unsecured Promissory Note shall be governed
by and construed in accordance with the laws of the State of California.
4. Severance. Every provision of this Amendment No. 1 to Unsecured Promissory Note is
Intended to be severable. In the event any term or provision hereof is declared to be illegal or
invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or
invalidity shall not affect the balance of the terms and provisions hereof, which terms and
provisions shall remain binding and enforceable.
5. Modification. No provision of this Amendment No. 1 to Unsecured Promissory Note may
be waived, modified or discharged other than by an agreement in writing signed by the party
against whom enforcement of such waiver, modification or discharge is sought.
The remainder of this page is intentionally blank.
IN WITNESS WHEREOF, the undersigned has executed and delivered this Amendment No.1 to
Unsecured Promissory Note as of the date and year first above written.
MAKER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,
a public district
Director Director
Date: Date:
Director Director
Date: Date:
Director Director
Date: Date:
Director
Date:
ACKNOWLEDGED AND CONSENTED TO:
Maura McKannay,
A single woman
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-06-157
Meeting 06-29
December 13, 2006
AGENDA ITEM 9
AGENDA ITEM
Adopt the Attached Resolution Amending the Position Cornp qon and Classification Plan to
Reflect Changes in Positions and Titles in the Real Propert Department Effective March 1,
2007
GENERAL MANAGER'S RECONINIENW(�TION
Adopt the Attached Resolution Amending the Position Compensation and Classification Plan
Effective March 1, 2007.
DISCUSSION
The employee currently in the Real Property Specialist position has given the District notice of
his retirement effective in late January 2007. With this position vacancy, the Real Property
Manager and Human Resources staff looked at ways in which the District could offer the
Manager greater flexibility, efficiency and responsiveness in the use of the Real Property staff to
meet the growing needs of the department. To accomplish these goals, staff is recommending
the combining of the two positions- Land Protection Specialist and Real Property Specialist into
one classification with the title of Real Property Specialist (attached), but retaining two positions.
While each position will have primary assignments which will be distinct, the broader scope of
responsibilities will allow the Real Property Manager to respond more quickly and diligently to
encroachment problems, negotiations for land purchases, easement monitoring and title review
and other real property assignments. The use of broad scope classifications with primary job duty
assignments (emphasized in the job announcements), within those classifications, continues to
work very well for smaller agencies, such as the District. This is similar to the District's three
Management Analyst positions. All three positions have the same class specification, however
one is a Human Resources Analyst, one is a Budget Analyst and one is an Operations Analyst.
The budget impact of reclassifying the existing Real Property Specialist position will be
approximately $13,000 annually for salary and benefits. Due to the upcoming two vacancies in
the Real Property Department, while recruitments will be taking place, a budget adjustment for
this fiscal year will not be necessary.
Prepared by:
Sally Rice, Assistant General Manager
Contact person:
Sally Rice and Mike Williams
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSUAL
REGIONAL OPEN SPACE DISTRICT AMENDING THE POSITION
COMPENSATION AND CLASSIFICATION PLAN TO REFLECT POSITION
CHANGES IN THE REAL PROPERTY DEPARTMENT
WHEREAS, the Position Classification Plan shall be adopted and may be amended by the Board
of Directors; and
WHEREAS, the Board of Directors has approved an amendment to the Position Compensation
and Classification Plan reflecting changes of two positions in the Real Property Department, combining
the Real Property Specialist and Land Protection Specialist positions Linder one title (Real Property
Specialist)and salary range;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: amends the
Position Classification and Compensation Plan effective March 1, 2007 as noted in Attachment A.
4idpeninsula Regional Open Space F ct
losition Classification and Compensatiun Plan ATTACHMENT A
Approved 12/13/2006—Effective 03/01/2007
Classification Title Ste n Ranee Hourly Range Monthly Range Annual Ran ge
Seasonal Open Space Technician 237-247 $17.128-$18.925 $2,968-$3,280 $35,626-$39,364
Receptionist/Administrative Clerk 244-269 $18.367-$23.569 $3,183-$4,085 $38,203-$49,023
Farm Maintenance Worker 257-282 $20.910-$26.833 $3,624-$4,651 $43,492-$55,812
Open Space Technician* 257-282 $20,910-$26.833 $3,624-$4,651 $43,492-$55,812
Accounting Clerk 259-284 $21.332-$27.373 $3,697-$4,744 $44,370-$56,935
Administrative Assistant 259-284 $21.332-$27,373 $3,697-$4,744 $44,370-$56,935
Community Programs Aide 259-284 $21.332-$27.373 $3,697-$4,744 $44,370-$56,935
Lead Open Space Technician* 267-292 $23,104-$29.647 $4,004-$5,138 $48,056-$61,665
Ranger 268-293 $23.335-$29.944 $4,044-$5,190 $48,536-$62,283
Planning Technician 268-293 $23.335429.944 $4,044-$5,190 $48,536-$62,283
Senior Administrative Assistant 270-295 $23.806-$30.547 $4,126-$5,294 $49,516-$63,537
Docent Programs Coordinator 273-298 $24.528-$3 1.476 $4,251-$5,455 $51,018-$65,470
Network Specialist 273-298 $24.528-$3 1.476 $4,251-$5,455 $51,018-$65,470
Volunteer Coordinator 273-298 $24.528-$31.476 $4,251-$5,455 $51,018-$65,470
Equipment Mechanic Operator 276-301 $25.274-$32.432 $4,380-$5,621 $52,569-$67,458
Senior Accounting Specialist 276-301 $25.274-$32.432 $4,380-$5,621 $52,569-$67,458
Open Space Planner 1 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816
Resource Specialist I / Resource Planner 1 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816
Public Affairs Specialist 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816
Maintenance & Resource Supervisor 283-308 $27.102-$34.777 $4,697-$6,028 $56,372-$72,336
Supervising Ranger 283-308 $27.102-$34.777 $4,697-$6,028 $56,372-$72,336
Community Affairs Supervisor 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924
Real Property Specialist 293-318 $29.944-$38,425 $5,190-$6,660 $62,283-$79,924
Open Space Planner ll** 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924
Resource Management Specialist" 293-318 $29,944-$38.425 $5,190-$6,660 .$62,283-$79,924
Support Services Supervisor 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924
Management Analyst 297-322 $3 1.163-$39.989 $5,401-$6,931 $64,819-$83,177
Senior Real Property Planner" 303-328 $33,085-$42.456 $5,734-$7,359 $68,816-$88,308
Senior Planner" 303-328 $33.085-$42.456 $5,734-$7,359 $68,816-$88,308
Area Superintendent 308-333 $34.777-$44.627 $6,028-$7,735 $72,336-$92,824
Assistant General Counsel 318-343 $38.425-$49.308 $6,660-$8,546 $79,924-$102,560
Administration/FIR Manager 325-350 $41,204-$52.874 $7,142-$9,164 $85,704-$109,977
Operations Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977
Planning Manager*** 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977
Public Affairs Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977
Real Property Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977
Assistant General Manager 343-368 $49.308-$63.274 $8,546-$10,967 $102,560-$131,609
Note: Does not include Board appointees: General Manager, General Counsel,and Controller
The salary range minimum for Seasonal Open Space Technician is 20 points below Open Space Technician
OSTs will receive an additional 1%stipend for Class A or B license; LOST for Class A
Will receive an additional 4%stipend for Masters degree in a related field
***Will receive an additional 4%stipend for Landscape Architecture license used for District business
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� Regional
^�� ��»� �»�
� «»���������« ~�|���� Space
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K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
REAL PROPERTY SPECIALIST
Class specifications are intended to present odescriptive list of the range of duties performed by
employees /nthe class. Specifications are not intended to reflect all duties performed within the job.
JOB OBJECTIVES
. Under general supenviakzn, to negotiate and assist with the purchase of open space land for the District;
to manage District rental properties (including lease negoUudons, and maintenance and repair ofrental
structures); resolve encroachment and easement issues and perform title research, appraisal analysis,
and preparation of related documents.
EXAMPLES OF IMPORTANT RESPONSIBILITIES
The following tasks are typical for positions in this classification. Any single position may not perform all of
these tasks endybr may perform similar related tasks not listed here:
Negotiation
° Negotiate and prepare purchase and lease docunnents, oaeennents, permits and other similar
documents relative to naa| property interests.
" Review and negotiate the purchase of easements and exchange agreements associated with �
land use and development of private lands.
• Conduct due diligence on properties being considered for purchase; prepare and present
� acquisition reports to the Board of Directors including title reeeonoh, zoning and development
potential, code compliance and regulatory investigations.
• Participate ino variety of land purchase and planning activities and special projects msnecemnary.
Property Management
� ° Manage District rental properties including negotiation and monitoring of rental income for �
�
' residential, employee housing, oommunioations, hisbohos|, aQhcuKura|, and office leases; pursue �
� alternative lease arrangements.
� • Oversee the foniUUem management of the District office building and tenant space including �
management ofHVAC.janitorial and landscape contractors. �
• Coordinate an effective maintenance and improvement program for District rental propertiee',
employee residences and District office building; obtain bids from contractors and outside �
vendors, prepare contracts, oversee and ensure that work is completed in a timely manner.
" Assist in the development and oversee the administration of the property management program
budget; monitor and approve expenditures for maintenance and repair of rental structures.
� Prepare and conduct rental rate surveys for District rental properties and conduct long term
analysis of rental anoounta, assist in preparation of documents relating to land value oadmohso
and review of real property appraisal reports.
Land Protection
° Assist the land protection program in researching bUo and real property related issues to help
| resolve encumbrance and encroachment issues.
|
0 Resolve conflicts ofinterest arising from easement and encroachment issues 0o protect District
|
� property', negotiate settlements with property owner.
� ° Assist in administering the District's volunteer easement monitoring program; nemo|wa easement
| violations reported by staff, volunteers and others,
� ° Initiate and maintain communication with |endownexo, code enforcement officers, planning
' officials and other regulatory agency staff,
|
" Review and prepare California Environmental C)ua|dv Act compliance documents for land
purchase and protection projects.
�
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A8|opcw|wsuu^RaG|OwAL OPEN SPACE DISTRICT
Real Property Specialist (ConNnued)
�
� Participate in the development and oversee the administration of the land protection budget;
monitor and approve expend|tunes, recommend adjustments to the land protection budget as
necessary. �
� Concurrent
� • Establish and maintain open communication with other program staff; coordinate activities and
� work cooperatively ina professional manner.
�
• Collaborate with District counsel to prepare drafts of purchase docun}ents, nawidonda| nynto|
� agreements, agricultural leases, communications |eomoo and other lease agreements involving
�
District owned properties and land.
� " Prepare routine correapondanoe, documents and reports to assist negotiations and land
� protection programs,
� May supervise and/or oversee the work of administrative and technical staff.
Perform related duties and responsibilities omrequired.
QUALIFICATIONS
Knowledge a
� Basic principles and practices of real estate and property management;
�
District lands, surrounding private and public properties, and land uses; �
�
Typical legal documents pertaining to real property lease and management, and property descriptions �
including easements, licenses and agreements. �
Basic principles and practices cdnegotiation; �
�
� Principles and practices of record keeping;
�
Principles and practices of report preparation; �
�
Principles and practices of budget preparation and administration; and �
�
Pertinent Federal, State and local |avvs, codes and regulations.
Ability to:
� Oversee and coordinate the District's rental and lease activities;.
Manage District rental properties including lease agreements and maintenanoeoontnacts� �
Communicate effectively with tenants;
Coordinate and oversee maintenance and repair needs for rental properties and District office space;
Maintain accurate and current records and files;
Read and interpret legal descriptions, surveys, and mapa�
| Prepare and administer property management program budget;
|
| Prepare clear and concise reports;
| Understand and apply Federal, State and local policies, laws and regulations;
| Effectively represent the District onm variety cf matters with other staff and public/private agencies;
| Communicate clearly and concisely in English, both orally and in writing; and
/
| Establish and maintain effective working relationships with those contacted in the course of work.
| Education and Experience Guidelines
| ` '
| kA|opsw|m»uuu REGIONAL Opsw SPACE DISTRICT
Real Property Specialist [Cmn0nued]
Any combination of education and experience that would likely provide the required knowledge and �
abilities/oqualifying. A typical way tV obtain the knowledge and abilities would be:
Education:
Equivalent to o Bachelor's degree from an accredited college or unimanaih/ with major course
work in real estate, real estate |ovv, business administration or related field.
Experience:
Three years cfincreasingly responsible experience in real estate or property management
� that includes significant public contact, preferably with a public agency or land trust.
� License or Certificate
� Possession of, or ability to obtain, an appropriate, valid driver's license.
PHYSICAL DEMANDS AND WORKING� CONDITIONS
�
The physical demands herein are representative of those that must be nx*t by an employee to �
successfully perform the oaoenba/ functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform these essential job functions.
� : Office environment; nocoeiono| travel to District open space areas and to meetings at
various locations. �
� : Sitting for prolonged periods of time, and walking and hiking to inspect naa| property.
Vision: Visual acuity to review written materials and inspect real property.
Communication: Speaking and hearing h)exchange information. �
Exempt �
Approved August 2OO1 �
Revised January 2003 �
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Regional Open Space
MU0PENANSULANEG|ONA^L OPEN SPACE DISTRICT
� }<-06-150 �
� K1eeiing00-29 �
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December !3, 2006
| AGENDA ITEM 00
AGEN0AITEM
|
� Authorization to AmendC iih Environmental B i �1ea Complete Environmental
� ReviuvfbrPossib|cExchungeof9rupcUy Bello Open
| Space Preserve |
� GENERAL MANAGER'S
� �y -`--- \/ '
� Authorize tile General Manager to amend the existing contract with Environmental Science Associates in the
� amount of$\6,58U, for a total authorization amount not Um exceed $4),445to complete anenvironmental
review for opossible exchange of property interests with Ridge Vineyards, adjacent to Monte Bello Open
Space Preserve.
� BACKGROUND
�
� On May 15` 2004, the Ocneco| Manager entered into u contract with Bnvivonoon|a| Science Associates(ESA)
for the amount of$24,915 to conduct ail environmental review for the possible exchange of property interests
� with Ridge Vineyards (}lidAc). The proposal being reviewed involves ao exchange of land with Ridge that
would allow the expansion of its vineyards into a small portion of the Monte Bello Open Space Preserve; in
� exchange the District would obtain fee and easements that would prevent future development of the Ridge
property adjacent to the Preserve and along the prominent ridge|ine. The contract with ESA included the
� preparation of ail Initial Study(lS)and likely Mitigated Negative Declaration (MNO).
DISCUSSION
What tile contract did not include was the preparation o[aMitigated Monitoring Program, and ES&,a �
attendance axthe District Board ofDirectors' meeting where the item would be presented ro the Board. These 1
two tasks were not included initially as i1 was not clear until recently that the project wou|d be feasible, based �
� oil the prc\iminaryfindin�suf the 18 and ����[J. Duhugthe ooumeor evaluating the potential innpac\ of the
�
� �
project, and after reviewing the initial draft ofthe MN[\ many discussions took place among all parties �
involved, which eventually led tm significant changes in the scope of the project aowcUum\he |ov6ofdu(ai| �
necessary 1oassist ESA in preparing final draft document, At the District's request, 2B8 has provided an
� umnndcd scope and cost estimate io complete this project. `
�
� The original contract amount of$24,915 has been expended for the services described above. The portion of
the contract amount that was allocated \o revise tile MN[), based onthe District's administrative review, was
diverted \o assisting the District and Ridge inrevising the scope and level of'detail for tile project. To date,
one-half of these expenditures have been reimbursed by Ridge, which has agreed to reimburse the District for
tile other half o[the original contract umouni upon completion of tile project. The contract amendment, inun
amount not to exceed $l6,58Oistobe funded by the District and includes services for: |) revising the draft lS
and MND based oil Ridge's revised project ncnpe, 2) unadrninimbndve ,eviuwof, undreviaionmto,1hcdruM
document, 3) Preparation o[oMitigation Monitoring Program, and ]) BSA`e presentation of the project at
District Board of Directors' meeting when Directors consider this project. The proposal is attached.
Prepared by:
Del Woods, Senior Real Property Planner
� Contact Person:
| Same unabove
|
|
|
|
|
|
ESA 225 Bush Street www.esassoc.com
Suite 1700
San Francisco,CA 94104
415.896.5900 phone
415.896.0332 fax
December 5, 2006
Del Woods
MidPeninsula Regional Open Space District
330 Distel Circle
Los Altos,California 94022
Subject: Proposed Amendment to Contract(Revised)
Mitigated Negative Declaration
Monte Bello Ridge and Ridge Vineyard Land Exchange
Dear Del:
Environmental Science Associates is pleased to provide you this amended scope and cost estimate to complete
the Mitigated Negative Declaration(MND)for the anticipated land exchange between the Midpeninsula Regional
Open Space District(MROSD)and its adjacent land owner, Ridge Vineyards. This letter summarizes the current
status of the scope and budget,lists the tasks already completed that were beyond the scope of the original
contract,discusses offsets associated with tasks not completed under the original contract,and outlines the tasks
and cost necessary to complete the MND given the recent changes to the project.This letter reflects the comments
you provided us in your letter regarding the proposed amendment to the contract,dated October 25,2006.
The administrative draft MND was completed by ESA and provided to you in February 2005.At the end of
February 2005,$2,640 of the original contract amount($24,915)remained to complete the project(i.e.finalize
the administrative draft MND based on MSROD comments). MSROD made extensive comments on the
administrative draft MND but the comments were not submitted to ESA. As you are aware,the administrative
draft MND document was not finalized when it became evident that more detailed project information was
needed from Ridge.
As of the date of this letter,the original contract budget has been expended. Budget expenditures, which occurred
from March 2005 to the current period,reflect both routine project management tasks and ESA's efforts to assist
MROSD in generating additional project detail to strengthen the MND. We consider the latter to be an out-of-
scope cost. Specifically,ESA billed the project for two out-of-scope tasks: 1)the meeting with ESA staff in
Oakland on June 8, 2006(ESA labor cost: $580),and 2)review and preparation of erosion control information
completed on June 26, 2006(ESA labor cost: $1,160). In addition to the out-of-scope items,a labor cost of about
$928 was applied toward management and accounting tasks necessary to support the project over the last 21
months of inactivity.This cost also includes hours necessary for ESA to review the project changes and erosion
control materials provided by Ridge.
So essentially,because MROSD comments on the February 2005 administrative draft MND were not submitted,
ESA did not complete the "one round of administrative review,"as assumed by our original scope and budget.
Instead,the remaining budget was applied toward the out of scope items and continued project management.
There is currently no outstanding contract balance and no money remaining in the budget.1
The ESA accounting office did call to my attention that invoice No.71429 for$348.50,dated October 28,2005,that has not yet been
paid.
ESA
Del Woods
(Revised) December 5,2006
Page 2
Based on our review of the new materials provided by Ridge,ESA estimates the cost to revise and finalize the
MND will be$16,580.Once you have approved this contract amendment,ESA will not exceed this cost without
prior written approval from MROSD.The estimated budget is adequate for analyst and project manager Peter
Hudson and staff associate Rachel Baudler to revise the MND with text changes previously requested by MROSD
and with the new information provided by Ridge Vineyards. Revising the document includes bolstering the
hydrology and erosion discussion and completing a thorough consistency review and update of the administrative
draft MND.The amended cost also includes assistance from an ESA biologist to ensure that biological issues are
adequately addressed and the preparation of the Mitigation Monitoring and Reporting Program(MMRP).ESA has
included three meetings with MROSD into this amended scope and cost.The first meeting will take place before
significant work begins on the revised administrative MND in order to discuss such items as changes to the project
(i.e. modified boundaries,modified erosion control and drainage),MROSD comments and requested changes,
schedule for completing the MND,and MROSD project management responsibilities after January 1,2007.The
second budgeted meeting will be to discuss the MROSD comments on the screencheck of the revised administrative
MND,and the third meeting will be a MROSD Board meeting attended by the ESA project manager.
ESA staff members,their estimated hours,and 2007 hourly billing rates are presented below.
Peter Hudson
Project Manager/lead analyst for hydrology and erosion issues. 50 hours at$160/hour $8,000
Rachel Baudler
Associate Analyst/Assisting with revision of MND. 53 hours at$90/hour $4,770
Tom Roberts
Biologist/Analyst for biological issues. 10 hours at$175/hour $1,750
Deborah Kirtman
Project Director/Project oversight. 6 hours at$160/hour $ 960
Screen Check and Final/Printing Production Costs
Includes word processing,graphics and preparation of CD. Lump Sum $1,100
We appreciate this opportunity to submit this revised scope and cost and look forward to assisting MROSD
complete this project.If there are questions or need for further clarification,please contact me at our office in San
Francisco at 415.962.8426.
Sincer
Mm rl No
Pe e Hudson,P.G. Marty Abell,AICP
Senior Technical Associate Regional Director
Claims No. 06-21
Meeting 06-29
Date 12/13/06
Midpeninsula Regional Open Space District
# Amount Name Description
5929 $210,662.72 ## ACE Insurance Driscoll Pollution Liability Insurance
5930 $175.63 ADT Security Services Alarm Service-SFO
5931 $74.00 Allen's Press Clipping Bureau Clipping Service
5932 $141.05 Allied Waste Services Garbage Service
5933 $625,00 Appraisal Research Corporation Appraisal Services
5934 $1,606,82 AT&T Telephone Service-SFO&FFO/Voice Mail Service-
AO/Fax Service-AO&FFO/Alarm Service-FFO
5935 $14.18 AT&T/Verizon Long Distance Fax Service-SFO&FFO
5936 $202.05 Barron Park Supply Plumbing Supplies
5937 $440.41 Bay Area Yamaha District Motorcycle Service
5938 $56.49 Beckman,Craig Reimbursement-Cell Phone
5939 $890.83 Big Creek Lumber Lumber Materials-Employee Residence Deck Repairs
5940 $100.00 Bob Power Docent Training
5941 $3,450.00 Bowerman Electric Electric Repairs-Bechtel Residence
5942 $450.16 Britt, Kristi Reimbursement-Conference Expenses
5943 $301.00 Bruce Barton Pump Service, Inc. Analyze Pumping System-Driscoll
5944 $600.00 Buena Vista Services Appraisal Services
5945 $22.12 Cal-Line Equipment, Inc. Chipper Parts
5946 $146.81 California Water Service Company Water Service-AD&Windy Hill
5947 $960.93 Carol Flynn Heating&Cooling Heater Repair-Ranger Residence
5948 $394.35 Carsonite International Roadmarkers
5949 $35.33 Casaretto, Mark Reimbursement-Uniform Expense
5950 $150.93 Cascade Fire Equipment Company Field Supplies
5951 $14.00 City Of Los Altos Alarm Permit Renewal
5952 $100,00 City Of Palo Alto Utilities Utility Fees-Black Mountain
5953 $32.42 Clean Source Janitorial Supplies-AD
5954 $942.12 CMK Automotive Inc. Vehicle Maintenance&Repairs
5955 $119.00 Coastal Sierra,Inc. Internet Service-SFO
5956 $568.51 Costco Office&Field Supplies
5957 $1,500.00 Cotton,Shires&Assoc,, Inc. Geologic Mapping&Report-Landslide At Thornewood
OSP
5958 $20,00 County Of Santa Clara-Office Of The Fingerprint Services
Sheriff
5959 $106.86 CSK Auto Vehicle Supplies
5960 $1,391.18 Custom Alignment Vehicle Inspection&Alignment
5961 $76.56 David Weintraub Reimbursement-Shipping Expenses
5962 $57.85 Davison,Steve Reimbursement-Mileage
5963 $126.07 *1 Dell Commercial Credit Computer Supplies
5964 $6,821.90 Design,Community&Environment Master Planning Services-La Honda Creek OSP
5965 $1,900.00 Divine Catering Catering-Holiday Staff Event
5966 $70.36 Downing, Brendan Reimbursement-Propane Tank Rental
5967 $711.00 Ergo Vera Ergonomic Evaluations
5968 $600.08 Evelyn Tetard Accommodations-Rental For Ranger Attending Law
5 Enforcement Academy
969 $206.49 FeclEx Shipping Charges
5970 $32.57 Firestone Complete Auto Care Tire Repair
5971 $10,45917 *2 First Bankcard Field Supplies-3,967.28 Office Supplies-315,13
Computer Expenses-4,756.20 Local/Out Of Town
Business Meetings-124.81 Conferences&Training-
rt 1,220.85 Adve isi ng/S ubscriptions/Books-75.00
5972 $562.52 Fitzsimons, Renee Reimbursement-Conference Expenses
5973 $181.46 Foster Brothers Lock& Key Services
' Claims No. 06-21
Meeting 06-29
Pate 12/13/06
MidpeninsuUa Regional Open Space District
# Amount Name Description
597* $63.26 G&K Gemmrm Shop Towel Service
� 5975 $81.38 Gerdan|unu Power Equipment Field Supplies
� 5970 $130.88 GovucoPmoo. Inc. Printing Services'Business Cards �
5377 $19022 Green Waste Recovery, Inc. Garbage Service G�O
� � uge �mcw' �
5978 $301,80 Half Moon Bay Review Advertisement Driscoll Ranch Tour/Good Neighbor
Meeting �
ogre $1.009,10 Hmnke.alexanwe, Reimbursement Training Expenses
e980 $121.20 Harrington Industrial Plumbing Supplies �
�
5981 $4.831.00 Harris Construction Repairs-Foundatkm&Roof Of Former Bunk House'
GFO
� 5982 $3.550.75 Home Depot Field Supplies&Equipment
� 5983 $270�00 |D p|vo. Inc. Name Tags �
� *984 $2.350.00 |EDA. Inc. Quarterly Consulting Services'Labor Relations
eoao $900n0 International Training Resources Defensive Tactics Training �
nHos $3138 Jurgcnspn. Rudy Reimbursement'Mileage
59e7 s531�91 Langley Hill Quarry Rock Quam Driveway&Giant Salamander Project �
� 5888 $2.a24�6O ^3 Lee Buffington m k
ng�on'So"mo��pCnun�y Mosquito Benefit� Tax Collector �
� 5889 $1.019.90 LFR Levine Fricke Enginme,&DemignSemmws-ECDM Staging Area Project
� 5990 $1 nV�VO ueun�C�owidyVVhi�mom Legal �
� . � �
� 5931 $1.084,30 Los Altos Garbage Company Garbage Service'^O&pp0/Recycling Service'FFO �
� 5893 $60.00 Macke Water Systems, Inc, Water Dispenser Rental'Two Months �
5993 $48750 Marina Monkoff Media Contractor �
5994 $125.000.00 ## Mauro M. MoKannoy McKanney/Siemnrs Note Called �
5995 $119.375,00 #o MaunaM. Muxannev mnxmnnav/Siemwrs Note Called
�
5990 $63129 Metro Mobile Communications Radio Repairs&Supplies �
� noar $102 15 Mintnn's Lumber&Supply Supplies For Shed-AO �
� 5398 $42705 Moffett Supply Company Sanitation Supplies �
5e99 $14o o4 Mountain View Garden Center Landscaping Supplies �
nnon $880*2 wvniquip Equipment Rental For Dusky Footed vvpuu,mTrail �
6001 $) 2�2so Nunom|�o�� mm�bemmCon��nmg �
. � �
6002 u4.999.000.00 w# North American Title Company Land AcquisKon-POST Stevens Canyon Ranch
6003 *1.000.00 ^4 North American Title Company E,cmwpee-LonuAcnuivmvn �
oOO« $210.85 wvnhem Energy, Inc. Propane Tank Ren\a|-FFO
�
8005 $790.30 Office Depot Office Supplies �
6008 $1.800.00 ^o Old Republic Title Company Title&Escrow Fee'Peery Property
hVor $92805 Orchard Supply Hardware Field Equipment&Supplies �
6008 $771 2* Pape' Material Handling Tractor Repairs �
600e $15.518.31 Pomons Media Group pn^n^g Services'Brochures, pvvtoa,dn.Envelopes, �
Letterhead,Winter Newsletter&La Honda Creek Master �
Plan Newsletter
6010 $324�9* Peninsula Digital Imaging Map Mounting'8Maps
6011 s6*0.12 Perez, Mike Reimousemun,-Tmi"ingExpmnsem
| 6012 *1.*87.9* Peterson Tractor Co, Tractor Supplies �
| 8013 $250.00 ^O Petty Cash Replenish Petty Cash
| 6014 $13.960.38 Pillsbury Winthrop Shaw Pittman LLp LaQa|Semioao-Fogorty/MacFer|aoeLitigmnon �
6015 $2D3n� Pmobu�vvmmmn 8�wwp�men�LP Legal Services Richardson^� E ^
| � �go e�ceo' neon Eyes"
| 6016 $1.070.00 Post Haste Direct Mail Services Mail House Services
8O|r $9543OO R 8
� . �m Building Company DeoxRmpais-*ayexHnuoe
! 6018 $612 Rancho Ace Hardware&Garden Shop Field Supplies �
�
| 6018 $679,80 Reeves,Michael Re|muursement-ConfevwnoeExpenoev
| �
�
|
�
Claims No. 06-21
Meeting 06-29
Date 12113/06
Midpeninsula Regional Open Space District
# Amount Name D6scriptilon
6020 $177,04 Rice, Sally Reimbursement-Mileage&Cell Phone
6021 $20.56 Robert's Hardware Field Supplies
6022 $60.74 Roessler, Cindy Reimbursement-Mileage
6023 $6,961,46 Roy's Repair Service Vehicle Repairs&Service
6024 $34.91 San Jose Mercury News Quarterly Subscription
6025 $377.13 San Jose Water Company Water Service
6026 $25.00 *7 San Mateo County Notice Of Exemption Fee
6027 $328.02 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project
6028 $1,016.02 Santa Clara County Vector Control Mosquito,Vector&Disease Control Assessment
District
6029 $332.24 Sears Field Supplies
6030 $14,105.00 Shelton Roofing Company, Inc. Roof Replacement-Employee Residence
6031 $858.72 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation
6032 $1,055.00 State Bar of California State Bar License Fees-D. Simmons&S.Schectman
6033 $32.59 Stevens Creek Quarry Base Rock
6034 $671.16 Summit Uniforms Uniform Expenses
6035 $907.04 Tadco Supply Janitorial Supplies
6036 $67.00 Terminix Pest Control-A.O.
6037 $29.98 The Bicycle Outfitter Bike Supplies
6038 $99.04 The Workingman's Emporium Uniform Expenses
6039 $364.48 Tires On The Go Tires
6040 $81.05 Tony&Albas Pizza Local Business Meeting
6041 $293.75 Trucker Huss Legal Services
6042 $1,000.00 *8 U.S. Postmaster Deposit-Newsletter Return Service Requests
6043 $5,417.75 *9 U.S, Postmaster Postage-Winter Newsletter
6044 $851.95 United Rentals Highway Technologies Signs
6045 $26.63 United Rentals Northwest, Inc. Equipment Rental
6046 $380.92 United Site Services, Inc. Sanitation Services-FFO
6047 $55,000,00 *10 USDA Wildlife Services Predator Control-Ravenswood OSP
6048 $273.64 Verizon Cellular Phone Service
6049 $341.51 West Coast Aggregates, Inc. Rock For Trail At Pulgas Ridge OSP
6050 $664.35 West Payment Center Monthly Legal Subscription&Books
6051 $16116 Williams, Mike Reimbursement-Mileage&Title Company Expenses
6052 $100.89 Xpedite Systems, Inc, Fax Broadcast System Services
Total $5,657,269.64
*1 Urgent Check Issued 11/27/06
*2 Urgent Check Issued 11/30/06
*3 Urgent Check Issued 11/30/06
*4 Urgent Check Issued 11/15/06
*5 Urgent Check Issued 11/27/06
*6 Urgent Check Issued 12/8/06
*7 Urgent Check Issued 1215/06
*8 Urgent Check Issued 11/28/06
*9 Urgent Check Issued 11/21/06
*10 Urgent Check Issued 11/17/06
In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Claims No. 06-21
Meeting 06-29
Date 12/13/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5929 $210,662.72 ## --AGE4nsuFeaoe- Driscoll Pollution Liability Insurance
Integro Insurance Brokers
5930 $175.63 ADT Security Services Alarm Service-SFO
5931 $74.00 Allen's Press Clipping Bureau Clipping Service
5932 $141.05 Allied Waste Services Garbage Service
5933 $625.00 Appraisal Research Corporation Appraisal Services
5934 $1,606,82 AT&T Telephone Service-SFO&FFO/Voice Mail Service-
AO/Fax Service-AD&FFO/Alarm Service-FFO
5935 $14.18 AT&T/Verizon Long Distance Fax Service-SFO&FFO
5936 $202.05 Barron Park Supply Plumbing Supplies
5937 $440.41 Bay Area Yamaha District Motorcycle Service
5938 $56.49 Beckman, Craig Reimbursement-Cell Phone
5939 $890.83 Big Creek Lumber Lumber Materials-Employee Residence Deck Repairs
5940 $100.00 Bob Power Docent Training
5941 $3,450.00 Bowerman Electric Electric Repairs-Bechtel Residence
5942 $450,16 Britt,Kristi Reimbursement-Conference Expenses
5943 $301.00 Bruce Barton Pump Service, Inc. Analyze Pumping System-Driscoll
5944 $600,00 Buena Vista Services Appraisal Services
5945 $2212 Cal-Line Equipment, Inc. Chipper Parts
5946 $146.81 California Water Service Company Water Service-AO&Windy Hill
5947 $960.93 Carol Flynn Heating&Cooling Heater Repair-Ranger Residence
5948 $394.35 Carsonite International Roadmarkers
5949 $35.33 Casaretto, Mark Reimbursement-Uniform Expense
5950 $150.93 Cascade Fire Equipment Company Field Supplies
5951 $14.00 City Of Los Altos Alarm Permit Renewal
5952 $100,00 City Of Palo Alto Utilities Utility Fees-Black Mountain
5953 $32.42 Clean Source Janitorial Supplies-AD
5954 $942.12 CMK Automotive Inc, Vehicle Maintenance&Repairs
5955 $119,00 Coastal Sierra, Inc. Internet Service-SFO
5956 $568.51 Costco Office&Field Supplies
5957 $1,500.00 Cotton, Shires&Assoc,, Inc. Geologic Mapping&Report-Landslide At Thornewood
OSP
5958 $20.00 County Of Santa Clara-Office Of The Fingerprint Services
Sheriff
5959 $106.86 CSK Auto Vehicle Supplies
5960 $1,391.18 Custom Alignment Vehicle Inspection&Alignment
5961 $76.56 David Weintraub Reimbursement-Shipping Expenses
5962 $57.85 Davison, Steve Reimbursement-Mileage
5963 $126.07 *1 Dell Commercial Credit Computer Supplies
5964 $6,821,90 Design,Community&Environment Master Planning Services-La Honda Creek OSP
5965 $1,900,00 Divine Catering Catering-Holiday Staff Event
5966 $70.36 Downing, Brendan Reimbursement-Propane Tank Rental
5967 $711.00 Ergo Vera Ergonomic Evaluations
5968 $600.08 Evelyn Tetard Accommodations-Rental For Ranger Attending Law
Enforcement Academy
5969 $206.49 FedEx Shipping Charges
5970 $32.57 Firestone Complete Auto Care Tire Repair
5971 $10,459.27 *2 First Bankcard Field Supplies-3,967.28 Office Supplies-315.13
Computer Expenses-4,756.20 Local/Out Of Town
Business Meetings-124.81 Conferences&Training-
1,220.85 Advertising/Subscriptions/Books-75.00
5972 $562.52 Fitzsimons, Renee Reimbursement-Conference Expenses
Page 1 of 5
Claims No. 06-21
Meeting 06-29
Date 12/13/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
5973 $181.46 Foster Brothers Lock&Key Services
5974 $63.26 G&K Services Shop Towel Service
5975 $61.28 Gardenland Power Equipment Field Supplies
5976 $130.88 Goodco Press, Inc. Printing Services-Business Cards
5977 $190.22 Green Waste Recovery, Inc. Garbage Service-SFO
5978 $301.80 Half Moon Bay Review Advertisement-Driscoll Ranch Tour 1 Good Neighbor
Meeting
5979 $1,009.10 Hapke,Alexander Reimbursement-Training Expenses
5980 $121.20 Harrington Industrial Plumbing Supplies
5981 $4,631,00 Harris Construction Repairs-Foundation&Roof 01 Former Bunk House-
SFO
5982 $3,550.75 Home Depot Field Supplies&Equipment
5983 $270.00 ID Plus, Inc. Name Tags
5984 $2,250.00 IEDA, Inc. Quarterly Consulting Services-Labor Relations
5985 $900.00 International Training Resources Defensive Tactics Training
5986 $33.38 Jurgensen, Rudy Reimbursement-Mileage
5987 $531.91 Langley Hill Quarry Rock-Quam Driveway&Giant Salamander Project
5988 $2,824.68 *3 Lee Buffington-San Mateo County Mosquito Abatement Benefit Tax
Tax Collector
5989 $1,019.90 LFR Levine Fricke Engineer&Design Services-ECDM Staging Area Project
5990 $1,586.00 Liebert Cassidy Whitmore Legal Services
5991 $1,084.90 Los Altos Garbage Company Garbage Service-AO&FFO/Recycling Service-FFO
5992 $60.00 Macke Water Systems, Inc. Water Dispenser Rental-Two Months
5993 $487.50 Marina Malikoff Media Contractor
5994 $125,000.00 ## Maura M. McKannay McKannay/Siemers Note Called
5995 $119,375.00 ## Maura M. McKannay McKannay/Siemers Note Called
5996 $633.29 Metro Mobile Communications Radio Repairs&Supplies
5997 $10215 Minton's Lumber&Supply Supplies For Shed-AO
5998 $427.05 Moffett Supply Company Sanitation Supplies
5999 $148.84 Mountain View Garden Center Landscaping Supplies
6000 $980.42 Muniquip Equipment Rental For Dusky Footed Woodrat Trail
6001 $1,212.50 Normal Data Database Consulting
6002 $4,999,000.00 ## North American Title Company Land Acquisiton-POST Stevens Canyon Ranch
6003 $1,000.00 *4 North American Title Company Escrow Fee-Land Acquisition
6004 $210.65 Northern Energy, Inc. Propane Tank Rental-FFO
6005 $790.30 Office Depot Office Supplies
6006 $1,800.00 *5 Old Republic Title Company Title&Escrow Fee-Peery Property
6007 $928,05 Orchard Supply Hardware Field Equipment&Supplies
6008 $771.24 Pape' Material Handling Tractor Repairs
6009 $15,518.31 Patsons Media Group Printing Services-Brochures, Postcards, Envelopes,
Letterhead,Winter Newsletter&La Honda Creek Master
Plan Newsletter
6010 $324.96 Peninsula Digital Imaging Map Mounting-8 Maps
6011 $640.12 Perez, Mike Reimbursement-Training Expenses
6012 $1,487.94 Peterson Tractor Co. Tractor Supplies
6013 $250.00 *6 Petty Cash Replenish Petty Cash
6014 $13,960.38 Pillsbury Winthrop Shaw Pittman LLP Legal Services-Fogarty/MacFarlane Litigation
6015 $283.80 Pillsbury Winthrop Shaw Pittman LLP Legal Services-Richardson"Green Eyes"
6016 $1,070.00 Post Haste Direct Mail Services Mail House Services
6017 $9,343.00 Ram Building Company Deck Repairs-Hayes House
6018 $6,22 Rancho Ace Hardware&Garden Shop Field Supplies
Page 2 of 5
Claims No. 06-21
Meeting 06-29
Date 12/13/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
6019 $679.80 Reeves, Michael Reimbursement-Conference Expenses
6020 $177.04 Rice, Sally Reimbursement-mileage&Cell Phone
6021 $20,56 Robert's Hardware Field Supplies
6022 $60.74 Roessler,Cindy Reimbursement-Mileage
6023 $6,961.46 Roy's Repair Service Vehicle Repairs& Service
6024 $34.91 San Jose Mercury News Quarterly Subscription
6025 $37713 San Jose Water Company Water Service
6026 $25.00 *7 San Mateo County Notice Of Exemption Fee
6027 $328,02 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project
6028 $1,016.02 Santa Clara County Vector Control Mosquito,Vector&Disease Control Assessment
District
6029 $332.24 Sears Field Supplies
6030 $14,105.00 Shelton Roofing Company, Inc. Roof Replacement-Employee Residence
6031 $858,72 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation
6032 $1,055.00 State Bar of California State Bar License Fees-D.Simmons&S. Schectman
6033 $32.59 Stevens Creek Quarry Base Rock
6034 $671.16 Summit Uniforms Uniform Expenses
6035 $907.04 Tadco Supply Janitorial Supplies
6036 $67.00 Terminix Pest Control-A.D.
6037 $29.98 The Bicycle Outfitter Bike Supplies
6038 $99.04 The Workingman's Emporium Uniform Expenses
6039 $364.48 Tires On The Go Tires
6040 $81.05 Tony&Albas Pizza Local Business Meeting
6041 $293.75 Trucker Huss Legal Services
6042 $1,000.00 *8 U.S. Postmaster Deposit-Newsletter Return Service Requests
6043 $5,417.75 *9 U.S. Postmaster Postage-Winter Newsletter
6044 $851.95 United Rentals Highway Technologies Signs
6045 $26.63 United Rentals Northwest, Inc. Equipment Rental
6046 $380.92 United Site Services, Inc. Sanitation Services-FFO
6047 $55,000.00 *10 USDA Wildlife Services Predator Control-Ravenswood OSP
6048 $273.64 Verizon Cellular Phone Service
6049 $341.51 West Coast Aggregates, Inc. Rock For Trail At Pulgas Ridge OSP
6050 $664,35 West Payment Center Monthly Legal Subscription&Books
6051 $161.26 Williams, Mike Reimbursement-Mileage&Title Company Expenses
6052 $100.89 Xpedite Systems, Inc. Fax Broadcast System Services
6053 R $218.67 All Laser Service Printer Repairs
6054 R $139.77 AT&T Long Distance Telephone Service-AD/Fax-SFO
6055 R $308.59 Baillie,Gordon Reimbursement-Tuition
6056 R $213.65 Carlson,Kerry Reimbursement-Uniform Expenses
6057 R $256.42 Cascade Fire Equipment Company Field Supplies
6058 R $515.00 City Of Los Altos Facility Rental Fee&Deposit-Docent Meeting
6059 R $275,62 CMK Automotive Inc. Vehicle Maintenance&Repair
6060 R $104.00 County Of Santa Clara-Office Of The Fingerprinting Services
Sheriff
6061 R $6,136.69 Design Concepts Graphic Design Services-Winter Calendar,Newsletter,
Business Cards, Flyers,Good Neighbor Policy Ad&
Postcards
6062 R $75.00 Eflexgroup.corn Cafeteria Plan Agreement
6063 R $106.96 Fitzsimons, Renee Reimbursement-Docent Meeting Supplies
6064 R $238.30 Forestry Suppliers, Inc. Field Supplies
6065 R $33.67 Foster Brothers Lock&Key Services
Page 3 of 5
�
� Claims No. 06-21
' Meeting 06-29
Date 12/13/06
Revised
|
| MidpeninsuUa Regional Open Space District �
�
| # Annwmmt Name Description �
| 6066R $244.11 Hammond,Tracy Reimbursement'Uniform Expenses
� 6067n *466.68 Karen Daniels Reimbursement-OvppoeeFnrEog|eSpnut Project At
Alpine Pond
606eR $5.73201 Lo Honda P000ede^p Unified School Tax Compensatory Fee Per Agreement
District
8069R $zeTsr Lanier Worldwide, Inc. rune,
6070 R $11.**210 Lorick Associates Consulting Services'Land Management Cost Evaluation
u Efficiency Study
e071 R $12800 Los Altos Town Crier xdvertioing-MeoVng*nnouncmmonto
6072n $364.23 Metro Mobile Communications Radio Supplies
6073R $31103 Monster Mechanical, Inc, *v*Cwaintenanno-xO
6074n $1e5,77 Mountain View Garden Center Landscaping Supplies
ODrsR $23.104.00 Old Republic Title Company Title&Escrow Fees'Driscoll
0076n $388�00 Palo Alto Weekly Auvertioing-MemuingAnnounnements
8077n $437.*3 Petty Cash Local Business Meetings,Training,Office Supplies, Staff
Activities, Field Supplies, Parking&Mileage
6078R $2.68298 Post Haste Direct Mail Services Mailing Winter Newsletter/opampidoElectronic Foe'
Address List
5079n $950.00 Ranee Ruble Freelance Writer For Media Projects
6000e *4625 Rayne O,San Jose Water Conditioning Service
5081n $unOnO Redwood Plumbing Company, Inc. Heater Repair-Rental Residence
8082R $87*39 nvv'n Repair Service Vehicle Repairs uService
soonR $208*8 Sa/ntvmeon Solvent Tank Service
VoV*n $9/*9 San Jose Water Company Water Service'Hayes House
8085m *8.230.85 San Mateo County FimGomioeaFee-per*gnaemeot
8086 R $48.00 San Mateo County Public Health Co|dhrmTwnnng
� 8087R $3.7*188 Stevens Creek Quarry, Inc. Rocx-LnngR|uge Road&Skyline Ridge A-Fnamm
� Driveway
6088n o692e1 Summit Uniforms unnvnn Expenses
e008R $53735 Tadnn8upp|y Janitorial Supplies
6090R $945.21 ToomusVv Fischer Consulting Deposition Expenses
�
6091 R $suunoo T B. ou a,Equipment nnwuwmmtwnannoSowicen-Porto|aLnvxoutpmuen*
80e2R $5.888.00 Touohm«T,ucwng Trucking Services'Porto|a Lookout Property
� 6093n $6.86e.79 Tuff Shed z Storage Sheds'xO&Overlook
� 6094R $80.77 West Payment Center Monthly Legal Subscription
�
�
�
�
�
�
�
�
� age--4 of
�
Claims No. 06-21
Meeting 06-29
Date 12/13/06
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
Total $5,746,055.66
*1 Urgent Check Issued 11/27/06
*2 Urgent Check Issued 11/30/06
*3 Urgent Check Issued 11/30/06
*4 Urgent Check Issued 11/15/06
*5 Urgent Check Issued 11/27/06
*6 Urgent Check Issued 12/8/06
*7 Urgent Check Issued 12/5/06
*8 Urgent Check Issued 11/28/06
*9 Urgent Check Issued 11/21/06
*10 Urgent Check Issued 11/17/06
## In The Event Agenda Item Is
Not Approved,This Claim Will
Not Be Processed
Page 5 of 5
Regiona► Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L . Craig Britton, General Manager
r
DATE: December 8, 2006
RE: FYI's
i
I
I
a
r.rrrrr.rrr�rrrr ..,
BAY AREARECEIN/ EE.0,0'y
December 5, 2006 DEC o �� t"'I_01
� �,�
OPEN SPACE _f O
C 0 U N t L Craig Britton SULA REGIONAL
General Manager T �(
STEERING COMMITTEE Midpeninsula Regional Open Space District
STEVE ABBORS 1
East Bay Municipal Utility District 330 Distel Circle p
CRAIG ANDERSON �
LandPaths Los Altos, CA 94022
JXECUTIVE DIRECTOR f
avethe Redwoods League VVV_
B TIMOTHY ARRY
Livermore Area Recreation and Park District � }
TINA GATT
Muir Heritage land Trust
RALPH BENSON Dear Craig BOn: `
Sonoma Land Trust i
MARK BERGSTROM
American Land Conservancy
BOB BERN
Merin Agricultural Land Trust Thank you for your continued membership with the Bay Area Open
j GREp SETTS
City of Palo Alto Space Council. Your support helps us collectively advance land
CRAIG BRITTON
Midpeninsula Regional Open Space District
CRAIG BRO NZAN conservation in the nine-county San Francisco Bay Area by:
C
Gary of Brentwood
RON BROWN
Save Mount Diablo
SHARON BURNHAM • building local and regional capacity
Tri-Valley Conservancy
MARY BURNS County of Sonoma • facilitating information sharing and networking
R I CHof Land Management •BURNS
U.S.Bureau of g securing new funding
SHEILA CANZIAN
City San Mates RRICO • providing leadership on public policy
JOAN C Concord
City of Concord '...
DAN GATHER a conducting research and technical studies
City of Walnut Creek
Agricultural Trust of Contra Costa County • offering training opportunities
PATRICK CONGDON
Santa Clare County Open Space Authority
BOB DOYLE East Bay Regional Park District Your membership which is due for renewal, is essential to support the
CRAIGE EDGERTON
Silicon Valley Land Conservancy Council's ambitious efforts to protect and steward important parks,
MARILYN FARLEY
Solano Land Trust trails agricultural lands and natural habitats in the San Francisco Bay
BARBARA HILL
California State Parks Foundation
NADINE HITCH C OCK Area.
California State Coastal Conservancy
JOHN HOFFNAGLE
Land Trust of Napa County '..
D unty San Mat D Working collaboratively with members and key partners we are
County of San Mateo
BETH HUNING developing a regional vision and strategic conservation plan referred
San Francisco Bay Joint Venture
2f M Kt Bay Open
TUCKER to as Green Vision 2025. This collaborative effort will incorporate
Half Moon Bay Open Space Trust
LISA KILLOUGH
County of Santa Clara our Upland Habitat Goals Project which identifies those lands which
Brentwood Agricultural land Trust
ANDREpAt MACr9KENZSIE are critical for the protection of biodiversity. It will also include lands
Sonoma Cou�ty n�5pairte District ervation and
JANET MCBRIDE needed to protect other natural resource and community values such
Bay Area Ridge Trail Council
SHARON McNAMEE as agriculture,trails, and recreation. Green Vision 2025 will help
Marro County Open Space District
CHRIS POWELL attract new funding, guide investment decisions, offer innovative
U.S.National Park Service
KERRY Jo RICKETTS-FERRIS strategies and result in healthier communities throughout the region.
_ City of Oakland
AUDREY RUST
Peninsula Open Space Trust
BARBARA SA MAN
Merin Audubon Society The Council has been very successful in securing funding for the Bay
J°"" SKEEL City of San Ramon Area Conservancy Program. Between, 1999 and 2005 alone, over
Citty of Brisbane
MIKE STALLINGs 230 projects were funded at a total of$240 million. The voters
City of Derry City BRIAN STEVN recently approved Proposition 84, which will bring an additional $108
Sempery iron 6 Fund
Tom belEt All eAC® million to the Bay Area program. Numerous other state measures
KAREN SWEET passed which will provide funding for the protection of urban parks,
Alameda County Resource Conservation District
T THOMAS
Thee Ri THo Trust agriculture and open space.
Pr
LAURA THOMPSON
San Francisco Say Trail Project
LLOYDW nservaF BAY AREA OPEN SPACE COUNCIL
The Nature Conservancy
TIM WIRTH
Trust for Public Land Bettina Ring,Executive Director
JOHN wo County off Napa 171 Crescent Road,San Anselmo,CA,94960 a phone&fax:415-460-1540 Co Napa
bettina@openspacecouncii.org•www.openspacecouncil.org
The Council has also been actively involved in supporting funding
measures at the local level. Several county measures were
approved this year, including Measure F in Sonoma County which
passed with over 75%of the vote. This measure will provide funding
for open space protection and stewardship in the county through 2031.
The Parks Charter in Santa Clara County, also approved with over
70%of the vote, will provide a stable source of funding for their park
system. In addition,Napa County voters passed a measure to establish
a Parks and Open Space District.
Another major success this past year was our Eighth Annual Open
Space Conference which focused on building whole communities.
The conference was our largest ever,with over 350 in attendance.
We enjoyed inspirational speakers, local organic food and networking
with exhibitors, sponsors and partners.
Your continued support and partnership allow us to build on our
collective successes. Please find enclosed a membership invoice for
you to complete and return to us. If you have any questions or input
on how we can better serve you, please do not hesitate to contact me
at(415)460-1540.
Sincer0y,
Bettina K. Ring
Executive Director
Regional Open Spd- e
INTER-OFFICE MEMORANDU�r
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: C. Britton, General Manager
From: M. Williams, Real Property Manager
Date: December 5, 2006
Subject: The Real Estate Trust at Community Foundation of Silicon Valley and Peery Trust et al.Property
Addition to Purisima Creek Redwoods Open Space Preserve
Escrow closed on the Community Foundation of Silicon Valley undivided 81.25% interest on November 29,
2006, and escrow closed on the Peery Trust, et al. undivided 18.75% interest on December 1, 2006, and full title
to and possession of all ownership interests in this 53.2-acre parcel passed to the District
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the Preliminary Use and Management Plan recommendation as tentatively approved by the Board of
Directors at its meeting of November 15, 2006.
DEDICATION&ACQUISITION INFORMATION
Board Approval Date
Preserve County Ownership Status: &
& & Grantor Acres (Fee,Easement,Lease, Resolution Number or
Area A.P.N. Mgmt Agreement) General Manager
Approval Date
Real Estate Trust at November 15 2006
San Mateo Community Fndn.
Purisima Creek 067-370-010 06"48
Redwoods Silicon Valley 53.2 Fee
067-310-030 06-49
Richard T.Peery
Mgmt.Status: Dedication Date
Closing Date (Open,Closed, &CMU,or Status(I ended or Type Purchase Price GIS Code
nt
Other) Withheld)
Nov.29,2006(81.25%) Grant&Quitclaim Deeds $650,000(81.25%)
Dec. 1,2006(18.75%) Closed Intended (81.25%) 150.000(18,75%)
Grant Deed(18,75%)-Gift
$800,000 TOTAL �
Misc.Notes:
I. District was awarded a grant in the amount of$325,000 from the state Habitat Conservation Fund.
2. The Fire Service Fee will be$28.34 as required by the Agreement Between San Mateo County and the Mid peninsula
Regional Open Space District(Regarding Fire Services). The fire services fee will increase 2%annually.
3. The property is not located in the La Honda-Pescadero School District,and therefore no fees will be payable under the
Agreement between the District and the School District.
cc: Board of Directors
Administration
Accounting
Operations&Field Offices
Planning
Public Affairs
33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DI RECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Curt Riffle,Nanette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
Regional O- nen Sp".
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CLOSING MEMORANDUM
To: C. Britton, General Manager
From: M. Reeves, Land Protection Specialis
Date: December 4, 2006
Subject: Public Trail Easement Addition to the San Francisco Bay Trail
StarLink Logistics, Inc. Property
The public trail easement was granted by StarLink Logistics, Inc. (SLLI)to the District was recorded on October 11,
2006. Subsequently, the conveyance of the public trail easement from the District to the City of Palo Alto was
recorded on October 25, 2006, and title to and possession of this public trail easement was transferred to the City of
Palo Alto.
The acquisition and subsequent conveyance of the public trail easement to the City of Palo Alto completes an
exchange agreement with SLLI whereby SLLI granted a public trail easement to the District in exchange for the
District granting SLLI a ston-nwater drainage easement over a portion of Ravenswood Opens Space Preserve.
The following chart presents dedication and acquisition details for this public trail easement:
DEDICATION& ACQUISITION INFORMATION
Preserve County Ownership Status: Board Approval
& & Grantor Acres (Fee,Easement,Lease, Date&Resolution
Area A.P.N. Mgmt Agreement) Number
San Mateo September 13,2006
Ravenswood 063-122-020 StarLink Logistics,Inc, 0.38 Public Trail Easement 06-42
Mgmt Status: Dedication Date&
Closing Dates (Open,Closed,CMU, Status Type Purchase Price GIS Code
or Other) (Intended or Withheld)
October 11,2006
(SLLI to District) Other N/A Exchange $0.00
October 25,2006 Other N/A Gill $0.00
(District to Palo Alto)
Misc.Notes:
The District conveyed the public trail easement to the City of Palo Alto to develop and manage as an addition to the Sail
Francisco Bay Trail;accordingly,a District Use and Management Plan was not required. The City will manage the
easement for open space and recreational purposes in accordance with the restrictions of use contained in the District's grant
of easement to the City.The Grant of Public Trail Easement from the District to the City includes a reversionary clause: in
the event the City is no longer able or willing to manage the public trail at this location,the public trail easement will revert
to the District.
cc: Board of Directors
Administration
Operations(see attached copy of Public Trail Easement)
Accounting
Planning(see attached copy of Public Trail Easement)
Public Affairs
33o Distel Circle 650-69i-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 Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L Craig Britton
`Regional Open Sp, e
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 1, 2006
I
Ms. Leslie Markham
Deputy Chief,Resource Management
California Department of Forestry and Fire Protection
135 Ridgeway Ave.
Santa Rosa, CA 95401
Re: NTMP 1-06NTMP-012 SCL, Lands of San Jose Water Company
Ms. Markham,
Thank you for the opportunity to participate in the Review Team(RT)Pre-Harvest Inspections
(PHI) and to provide input on the NTMP. Midpenmsula Regional Open Space District
(MROSD) is a public agency established by the voters of Santa Clara and San Mateo Counties,
with a mission to preserve open space for wildlife, water quality, and passive recreation.
MROSD owns and manages approximately 16,000 acres of open space immediately adjacent to
the lands of San Jose Water Company, Inc. (SJWC). The Preserve lands are managed to
maximize benefits to wildlife habitat, maintain watershed integrity and water quality, and to
invite opportunities for low intensity public recreation and environmental education.
MROSD staff have attended three Pre-Harvest inspection days and reviewed the NTMP, as
e ion 1. Accordingly,we offer the following
tin b C DF R ,
d accep
ted for filing g Y
fitted an g
submitted Y
p
g
comments on NTMP 1-06 NTMP-012 SC L,proposed for
lands SJ WC.
Alternatives Analysis
The area for harvest under the NTMP would unquestionably be suitable as open space.
proposed
rshed resources without the proposed long-term timber
Maintaining the existing forest and Ovate p p
M g g
s Gatos
lied of Los G
water-sup
ply waters i
harvest, is compatible with the protection of the public pp y
'
Creek, and should be considered a viable alternative. This alternati
ve shoul
d be
comprehensively analyzed in Section IV of the NTMP. The preservation of wildlife and
protection of water quality within the greater Los Gatos Creek watershed are goals shared by
P
MROSD and are key objectives in the management of the adjoining 11,000 acre Sierra Azul
Open Space Preserve.
MROSD acknowledges the amount of work that has gone into the preparation of the NTMP,
though we believe that there is information within the NTMP that is incorrect, incomplete or
misleading in a material way, and is therefore insufficient to evaluate significant environmental
effects of the proposed NTMP. We believe that the NTMP in its current form has the potential
to result in significant environmental impacts. The Alternatives Analysis, in particular, appears
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 650-69r-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Ms.Leslie Markham
California Department of forestry and tire Protection
November 30,2006
to have been written with the foregone conclusion that selects the NTMP as the preferred
alternative, as opposed to a thorough, fair evaluation of possible alternatives.
We disagree with the Project Alternatives Analysis regarding public purchase (Alternative 3).
The NTMP states that"the environmental impacts associated with public use and the
construction of facilities to support use would far outweigh any impacts associated with the
proposed NTMP".
This alternatives analysis erroneously implies that management of the area as a park or open
space preserve would result in significant construction of public facilities and infrastructure in
support of public use. MROSD provides opportunities for low impact,passive recreation.
Preserves are typically developed with minimal infrastructure and focus on aesthetic and natural
resource protection, including wildlife and water quality protection. To illustrate this point, the
District has invested approximately$500,000 to upgrade and abandon a number of roads and
skid trails in one of our preserves over the last few years, to improve water quality and reduce
potential downstream impacts to fish. This work is necessary because of a legacy of past timber
harvest impacts that ended in the mid 1980's.
Given MROSD's land management practices described above, the Public Purchase Alternative
Analysis is entirely incorrect. Operations proposed in the NTMP will result in substantial new
road construction and reconstruction, operations proposed in biologically sensitive areas and
geologically unstable watercourses, harvest related alterations to a 120+ year old late succession
forest, nearly annual timber falling, and cable yarding and helicopter operations. The NTMP
alternative would certainly result in higher levels of disturbance and impacts than the public
purchase alternative.
Additionally, as the largest Park/Open Space organization in the region of the proposed NTMP,
we find it unusual that MROSD was not identified in the list of public entities that could operate
such open space, particularly given the large land holdings directly contiguous with the NTMP.
The SJWC property is located within the San Andreas Fault Zone, an area that is a highly
sensitive landscape terrain,has highly erosive soils, with a high incidence of active landslides
affecting watercourses. These conditions elevate the watershed landscape sensitivity and
response to human alterations. The disturbance levels associated with the NTMP have the
potential to seriously degrade water quality, public water supplies, and to degrade habitat for
aquatic resources, including resident trout, and the California red-legged frog.
The SJWC property also contains a large acreage area of late succession forest that is unique to
the Santa Cruz Mountains, and provides habitat for a wide variety of wildlife, including late
succession dependant species. The forest structure created by the 1961 Austrian Gulch and 1985
Lexington fire have additionally created forest stand conditions that are also uncommon within
the Santa Cruz Mountains (numerous large snags, large downed logs, etc.). The osprey nests on
the property are testament to the ideal habitat conditions found on the property. The combination
of landscape, water quality, wildlife, and forest elements make the property ideally suited for
public purchase,preservation, interpretation, and recreation. It is unclear in the analysis how the
proposed NTMP would have less impact than maintaining the property as park or open space.
2
Ms.Leslie Markham
California Department of forestry and i.,e Protection
November 30,2006
The Alternatives Analysis regarding the purchase of conservation easements (Alternative 4) is
also flawed. The tone of the analysis is that the value of the land to the landowner is somehow
diminished through sale of a conservation easement. The notion of fair market value is to fairly
compensate the landowner for any existing uses that would be excluded by the easement. A
conservation easement could allow for uses such as water production, storage, and transmission.
Conservation easements can be carefully tailored to balance land use need and financial needs of
the property owner. The concern regarding future disputes, and/or future land use potential can
be avoided by a well-written and negotiated easement. There exists the likelihood that SJWC
could financially benefit from this option equal to that of the NTMP alternative.
The No-Project Alternative(Alternative 2) is also problematic with regard to the stated
increase in wildfire hazard without the NTMP. There are a number of fire scientists who have
commented on the proposed NTMP and associated fire hazard assessment prepared by TSS
Consultants. These reviewers have credibly questioned whether the proposed NTMP will
actually increase the wildfire hazard on the lands of SJWC by increasing forest floor fuel loads,
creating increased growth of ladder fuels, and by removing the large, old trees most resilient to
fire. It is also questionable whether the benefits of reopening old roads and constructing new
roads to facilitate suppression efforts would achieve the objective of reducing fire hazard.
MROSD believes that an increased road network will result in an increase in ignition sources
through legal and illegal uses. The timber units proposed for roads are already traversed by a
number of paved roads, so an increased density of roads for fire purposes may not be warranted.
Regarding water quality and the levels of watershed disturbance proposed in the NTMP, the No-
Project Alternative is clearly superior.
The discussion within the No-Project Alternative concludes that the maintenance of existing
roads for the protection of water quality, and the fire hazard mitigations regarding fuel breaks
along public and private roads, and treatment around structures, would somehow be prevented
Without the NTMP. We question this conclusion.
Another reasonable project alternative should evaluate a project that would implement water
quality and fire hazard reduction mitigations without the NTMP. An alternative should also
include an analysis of other possible fuel reduction treatments that concentrate on under-story
and ladder fuels, as opposed to the over-story canopy reduction proposed in the NTMP. This
alternative fuel treatment may be more appropriate and effective than the NTMP alternative in
reducing fire hazard on the lands of SJWC, and has been recommended by the fire scientists who
have commented on the plan (Philip N. Omi,Ph.D., Scott Stephens, Ph.D., and Richard
Montague).
Alternative 5 (Delaying the Timing or Alternative Project Locations) states that the delay of
harvest could affect Maximum Sustained Production, contrary to the goals of the Forest Practice
Rules(CCR 913.1 1c). This "undesirable effect" of delaying harvest is difficult to justify given
that the forest involved has not been subject to commercial harvests for over 120 years.
Alternative 5 states that other acreage owned by SJWC,but not included in the NTMP,would
not respond to single tree selection harvesting. This is because these areas are low in conifer
3
Ms.Leslie Markham
California Department of forestry ano...,;Protection
November 30,2006
volume and high in hardwoods, or consist primarily of brush vegetation. These are areas that are
typically associated with high fire hazard, as mentioned by the commenting fire scientists. These
are undoubtedly some of the highest wild-land fire hazard areas in the NTMP area and
surrounding region. The avoidance of fuel treatment in these high fire hazard areas should be
evaluated in the fire assessment for the NTMP.
Cumulative Impacts Analysis
We have concerns regarding the proposed helicopter and cable yarding operations. The
helicopter yarding proposed will clearly be an impact to the recreational aesthetic and wildlife on
the adjacent Sierra Azul Open Space Preserve. Similarly,the sound associated with cable
yarding, and chain saws will also be audible within the surrounding open space lands. The
analysis of noise impacts within the NTMP fails to recognize the difference between the sound
of the highway(a low hum) as opposed to shrill sound of chainsaws, yarding, safety horns, and
the percussive sound pulses generated by helicopter blades and a jet engine. Highway and,
timber operations result in very different types of noise impacts, and clearly the sound of timber
operations will stand out significantly on MROSD's adjacent Preserve. We are concerned that
wildlife could be displaced, or that sensitive bird species nests abandoned. The NTMP has not
adequately addressed the potential for wildlife impact on adjoining MROSD property.
MROSD is particularly concerned with the proposed helicopter operations. Upon reviewing
portions of the helicopter yarding units proposed in the NTMP, it is apparent that these portions
of the NTMP are in areas with vegetation types of Douglas fir hardwood (DFH), redwood
Douglas fir hardwood(RVvrDFH), and redwood hardwood(RWH). Per the"Harvest Volumes
and Timber Marking Prescriptions"these vegetation types yield the lowest volume per acre
relative to the other vegetation types within other harvest units. Table S 13 shows that the bulk of
the conifer within the helicopter unit is greater than 36"DBH. From what was observed on the
PHI, this is primarily large Douglas fir of a size and age that is susceptible to fungus and rot that
may reduce its economic viability. These same timber"defects" increase wildlife benefit. We
were told by Big Creek Lumber staff that the volume estimate for the first entry in Austrian
Gulch, for example, would be only approximately 100,000 board feet. We therefore question the
economic feasibility of the helicopter units, and have difficulty justifying the associated noise
and wildlife impacts.
In reviewing the NTMP and plan area, it appears that areas designated for cable yarding have
extremely long reaches, deflection problems, downhill yarding, and areas that will be difficult, if
not impossible, to reach. These areas of concern exist within the main NTMP area, as well as
within the Briggs Creek unit. It is troubling that during the review of the Briggs unit, the RPF
stated that some of the mapped cable unit was not accessible. This certainly reduces our
confidence in some other areas of the plan that appear even more difficult to cable yard. In
addition to some areas not being physically reachable by cable yarding,part of the Briggs unit
cable area was not feasible because it relied on access by a property owner who was not yet
identified within the NTMP. Given potential feasibility issues, we request that CDF carefully
evaluate the yarding methods proposed throughout the NTMP.
4
Ms.Leslie Markham
California Department of forestry ano Protection
November 30,2006
Another significant concern regarding the feasibility of harvesting the cable yarding designated
units of the NTMP is whether these units will be switched to helicopter operations after the plan
is approved. We are aware of a recent NTMP (1-98NTMP-019SCL), submitted by and operated
on by Big Creek Lumber, the preparer of the SJW NTMP, where helicopter operations were
dramatically extended following initial approval of the NTMP. This was done by amending the
NTMP to change cable yarding units to helicopter yarding without public notification, and in
potential conflict with Review Team Recommendations regarding additional wildlife surveys, as
we understand it. This other NTMP also proposed that only one harvest unit would be harvested
per year to reduce the level of impacts, the same as proposed in the SJWC NTMP. 1-98NTMP-
0 1 9SCL was also amended to allow multiple units with timber operations within the same year,
principally to allow more helicopter yarding. The justification for the amendment was that the
additional acres yarded by the helicopter, made the helicopter operation more economically
feasible. The same possibilities exist for the SJWC NTMP.
We are concerned that there may be opportunity to "bundle"other possible timber operations
with additional properties near SJW that could significantly increase the duration of helicopter
logging impacts. This has also recently occurred on the NTMP listed above, in conjunction with
THP 1-0 1-081 SCR/SCL, where helicopter operations were shared between two separate
harvests, and was not discussed or approved in either plan. We are aware that another NTMP is
being prepared in the vicinity of the SJWC Briggs Unit,though we see no discussion of this as a
reasonably foreseeable probable future project in the SJWC NTMP. This should be analyzed
within the Cumulative Impacts Assessment portion of the NTMP.
We request an evaluation of the issues identified above, and a discussion or framework on how
possible amendments to this NTMP regarding helicopter operations may be approached, and
under what conditions. The NTMP is an indefinite approval, and a very real possibility exists
that market conditions, or opportunities to bundle operations will present themselves during this
indefinite timeframe. Helicopter operations in particular have been easy to amend,justified by
less ground disturbance and that helicopter operations become less costly by adding more
acreage. These easy justifications may come at the expense of wildlife or recreation, and should
be specifically addresses in the NTMP.
The Cumulative Recreation Impacts Assessment is also inadequate. The use of an area of only
300 feet from the NTMP operations to assess recreational impacts is simply absurd. The
assessment dismisses the MROSD Sierra Azul Open Space Preserve by stating that this area is
not officially open to the public yet. Considering that the NTMP time frame is indefinite, it is
certain that public access to the Cathedral Oaks portion of the Preserve will occur within that
time frame. A number of existing plans including the Santa Clara County Trails Plan, and the
MROSD Regional Open Space Study identify a number of regional public trails in the immediate
vicinity of the NTMP. A Master Plan for this Preserve is currently underway that also includes
public access trails in the immediate vicinity of the NTMP.
There are also problems with the cumulative assessment of fire hazard. Some issues have been
addressed previously in this letter. The NTMP will increase the accumulation of slash from
repeated logging entries and increase the volume of fuel on the forest floor, increase ladder fuels,
and remove the most fire resistant trees increasing the fire hazard on the SJWC property.
5
Ms.Leslie Markham
California Department of forestry ano Protection
November 30,2006
Considering the scale of the 1000 acre NTMP, and given the proximity of the NTMP lands to
residential development upslope and in the direction that historic fires have burned. We question
whether the potential increased fire hazard risk of the NTMP is in fact a potentially significant,
avoidable impact.
The primary benefits touted in the fire plan are the augmentation of lopping standards,
augmentation of road safety zones, and augmentation of defensible space around habitable
structures. There is no need for augmenting lopping standards if there is no slash generated by
timber harvesting. The augmentation of road safety zones and defensible space around habitable
structures can be completed now, without the proposed NTMP.
The forest stand in the NTMP area is 120 years old and has been subjected to burning following
clear-cut and two historic fires. The age of the stand and alteration by fire have created relatively
large tree size, good tree spacing, and reduced ladder fuels. The relatively recent fires have also
created smaller gaps in the canopy,breaking the horizontal canopy continuity. These are all
positive attributes that reduce fire hazard. MROSD questions the need to create these types of
forest structure with repeated harvest entries. The large trees on the SJW property, as they
currently exist, have certainly shown a certain resiliency to fire,particularly a stand-replacing
fire event. The 1985 Lexington fire was a good test, and the vast majority of the forest is still
there. It appears that treatments focused on the under-story could better reduce fire hazard than
the timber harvest proposed in the NTMP. Numerous fire scientists who have reviewed the
NTMP and the SJWC property have suggested this alternative to the NTMP. Additional fire
modeling should be completed to evaluate under-story treatment prescriptions.
The NTMP discusses the need for additional roads on the property for fire access, and states that
this was the desire of CDF during the Lexington fire. It appears that these comments are taken
out of context. The only new roads proposed within the NTMP are within areas that already
have a substantial paved road system. Unfortunately, the existing and proposed roads are
primarily mid-slope in an area that is unlikely for fire agencies to commit resources given a large
fire such as Lexington.
Finally, there have been numerous errata sheets of revised pages (more than 90)made to the
NTMP. The NTMP was deficient on submitting an erosion control plan for the extensive,
problematic road network within the NTMP area. This will also require a new submission.
Undoubtedly, Review Team comments will generate additional changes. ,We are concerned that
the plan as originally filed was substantially flawed and that it is being fixed through the review
process. This makes the NTMP document extremely difficult to follow and we fear that certain
revisions or recommendations may be excluded from the enforceable plan, if one is approved.
This has also apparently happened with one of the other problematic helicopter plans mentioned
earlier. We strongly request that the plan be returned as it currently stands and ask that the plan
be resubmitted when a complete plan is prepared.
Additionally, we also request clarification as to MROSD participation as Review Team
members. CCR 1037.5 states "The Director shall request a representative from the Department
of Parks and Recreation in the case of plans that may affect values in publicly owned parks."
MROSD is a public agency that manages public land with values potentially affected by the
6
Ms.Leslie Markham
California Department of forestry ano Protection
November 30,2006
proposed NTMP, and as an agency with a similar mission to State Parks, we believe it is
appropriate for a representative from MROSD to serve as a formal Review Team participant in
the same manner as a DPR representative would serve. We ask that our roll in review of the
NTMP be clarified.
Sincerely
L. Craig Britton
General Manager
LCB:mb:jb
cc: MROSD Board of Directors
Matt Dias, Big Creek Lumber Company
Gary Rudholm, Senior Planner, Santa Clara Co. Planning Office
Richard Sampson, California Department of Forestry&Fire Protection
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� ---OhgimdMnmmmgc---
From: Josh '
Sent: Wed 11/22/ 0O66:03 PM
� To: Craig Beckman;Glenn Wegner l
� Subject: Land Manager of the Year �
)
�
Hi Craig,
�
�
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� �nwou|dU�m��you� ^�� M���ofduY��mom�n�}
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Christmas Party and dinner. We would like to buy you and you guest
|
� dinner and give you o small "p|equ*" io honor o[your dedication m �
building quality trails that everyone can enjoy. | hope that the |
�
District will allow you vo accept these tokens o[our appreciation.
�
� The Christmas party is on Fiiduy. Dec ut6:30 9M,uthe Blue .
� Pheasant in Cupertino. Gary Fisher be
�
� on the History of mountain biking. Before Gu,y'o talk, *c would like /
� to present you the plaque and i[you like,you could say n few words.
�
� As an aside, | was wondering how best m bring up some concerns about �
� certain trails on District lands. ) was wondering i[there was any |
/ talk oy re-routing the top o[White Oak in Monte Bello?Also, Spring
|
Ridge trail in Windy Hill may benefit from adding some oing|etruck /
bypusmemtn the ateep yecdonwnrrunuminA(hcOreroudu\mgc�o�
/ i
or making hoing!ctruck, l mn sure that mountain bikers would be |
/ interested in participating in work days on these trails.
|
� ]
| hope you have/had u good Thunksgivin�� �
| |
�
� Josh Moore
� President
Responsible Organized Mountain Pcduleo �
�
| '
|
|
|
�
|
�
|
|
�
|
|
/
i
-----original Message-----
From: Patty Ciesla [mailto:patty@ecocyclist.org]
Sent: Friday, November 17, 2006 5:16 PM
To: Matt Freeman
Cc: Ana Ruiz; Matthew Sagues; Mary Davey; Craig Britton
Subject: La Honda meeting -- excellent presentation & maps
Matt,
I 'm sorry you weren't able to attend the meeting for La Honda last night. - I
just wanted to shoot you a quick note to let you know that Ana put together
a fabulous presentation and Matt's maps were outstanding. The whole meeting
went well, but I thought you should know that Ana and Matt 's work really
stood out to me as super professional and very high quality.
The powerpoint presentation was really great . Super photos, very clear
graphics, easy text to read on the screen, great transitions and logical
flow. Ana did a great job explaining what was on the screen and filling in
details about the planning effort. The maps are just outstanding. As you
know I have been working with other agencies on various park and trail
plans, and I can tell you with confidence that the maps Matt is putting
together are the easiest to read, and most functional and attractive maps
I 've seen lately. Kudos to both of them for great work!
I know I can be a critic and often comment on things I don't like or agree
with, so I thought for once I 'd let you know you are doing a great job. I 'm
sure others appreciate it as much as I do.
Patty
Regional Open Sp?
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: C. Britton, General Manager
From: M. Williams, Real Property Manager h���l
Date: November 6, 2006
Subject: Peninsula Open Space Trust(Forde)Property Addition to Purisima Creek Redwoods. en Space
Preserve
Escrow closed for the subject transaction on October 31, 2006, and title to and possession of this 183.48-acre
parcel passed to the District.
I am not aware of any use and managernent concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the Preliminary Use and Management Plan recommendation, as tentatively approved by the Board of
Directors at its meeting of April 6, 2005.
DEDICATION&ACQUISITION INFORMATION
Preserve County Ownership Status: Board Approval Date&
& & Grantor Acres (Fee,Easement,Lease, Resolution Number or
Area A.P.N. Mgmt Agreement) General Manager
Approval Date
Purisima Creek SCL, Peninsula Open Space April 6,2005
Redwoods 066-240-020 Trust 183.48 Fee 05-09
Mgmt.Status: Dedication Date
Closing Date (Open,Closed,CMU, & Type Purchase Price GIS Code
or Other) Status(Intended or
Withheld)
October 31,2006 Closed Intended Grants 1,750,000
Cash 500�000
Misc.Notes: 1. The District was awarded a$500,000 grant from the Habitat Conservation Fund,and$1,250,000 from the
Per Capitia Grant Program of the 2002 Resources Bond Act.
2. The initial Fire Service Fee will be$69.41,as required by the Agreement Between San Mateo County and
the Midpeninsula Regional Open Space District(Regarding Fire Services). The fire services fee will
increase 2%annually. The property is not located within the boundaries of the La Honda-Pescadero Unified
School District.
3. The Purchase Agreement with POST provides for the recognition of significant donors for specific areas,
traits or land formations on the property for a period of 5 years,in accordance with the District's Policies for
Site Naming and Gift Recognition.
4. The cleanup and removal of debris and old vehicles left by the owner prior to POST were done at a cost of
$24,600 in 2005. Further debris was discovered on the property in 2006,and this cleanup work was
completed at an additional cost of$4,500.
cc: Board of Directors Operations&Field Offices
Administration Planning
Accounting Public Affairs
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 Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
STATE PROPOSITIONS
Prop 84 Prop 90 Prop 1C Prop 1 E
Yes No Yes No Yes No Yes No
Bay Area
Alameda 64.6 35.4 37.4 62.6 67.3 32.7 72.3 27.7
Contra Costa 60.1 39.9 46.4 53.6 61.3 38.7 71.8 28.2
Marin 61.2 38.8 36.9 63.1 62.7 37.3 69.6 30.4
Napa 49.1 50.9 40.1 59.9 55.6 44.4 61.4 38.6
San Francisco 72.4 27.6 28.8 71.2 72.8 27.2 76.0 24.0
San Mateo 60.6 39.4 40.0 60.0 63.8 36.2 70.5 29.5
Santa Clara 58.8 41.2 41.3 58.7 60.3 39.7 67.1 32.9
Solano 51.8 48.2 45.8 54.2 59.0 41.0 65.9 34.1
Sonoma 56.6 43.4 37.8 62.2 62.1 37.9 65.7 34.3
Central Coast
Monterey 58.4 41.6 43.2 56.8 62.6 37.4 67.3 32.7
San Benito 50.7 49.3 46.1 519 57.5 42.5 60.6 39.4
San Luis Obispo 45.1 54.9 52.7 47.3 53.5 46.5 55.7 44.3
Santa Barbara 50.9 49.1 44.5 55.5 55.4 44.6 59.4 40.6
Santa Cruz 61.7 38.3 37.8 62.2 64.4 35.6 66.0 34.0
Ventura 51.5 48.5 48.4 51.6 51.7 48.3 60.6 39.4
LOCAL CONSERVATION MEASURES
Napa County- Parks and Open Space District Measure create a county wide open space district, elected)
Yes = 54.4% No =45.6%
Sonoma County- Sales Tax Renewal (2/3 vote) (renew 1/4 cent sales tax to Sonoma County open space authority)
Yes = 75% No= 25%
San Mateo County- Sales Tax (2/3 vote) (1/8 cent sales tax for parks and recreation services for cities, county and special district)
Yes = 54.7% No=45.3%
LOCAL LAND USE MEASURES
Solano County- Open Space Ordinance (renew open space and farmland preservation ordinance)
Yes=47.3% No = 52.7%
Contra Costa County - Urban Limit Line (extend ULL to year 2026 and require voter approval for line expansions)
Yes =63.3% No= 36.7%
Santa Clara County - Land Use Inititiative (annual county general plan to add provisions for open space and limit minimal parcel size
on ranchlands and hilltops to 160 acres)
Yes =48.9% No = 51.1%
Regional Open Space
AAA,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NOTICE OF PREPARATION
To: Responsible and Trustee Agencies, and Office of Planning and Research
Subject: Notice of Preparation of a Draft Environmental Impact Report for the Sierra
Azul / Bear Creek Redwoods Open Space Preserves Master Plan
Lead Agency: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
(650) 691-1200
Email: masterplan@openspace.org
Consultant: EDAW, Inc.
150 Chestnut Street
San Francisco, CA 94111
Contact: Donna Plunkett
Phone: (415) 433-1484 Fax: (415) 788-4875
I.,"mail: plunkettdoa edaxxwom
A programmatic Draft Environmental Impact Report (EIR) is being prepared by the Midpeninsula
Regional Open Space District.
We would like to know the views of interested persons, organizations, and agencies as to the scope
and content of the information to be included and analyzed in the EIR. Agencies should comment
on the elements of the environmental information that are relevant to their statutory responsibilities
in connection with the proposed project. The project description, location, and potential
environmental effects Of the proposed project (to the extent known) are contained in this Notice of
Preparation (NOP).
Due to the time linlits mandated by state law, your response should be sent at the earliest possible
date, but not later than December 15, 2006.
Please send your written response to Ana Ruiz, Project Planner, Midpeninsula Regional Open Space
District, at the address shown above. Responses should include the name of acontact person at
your agency.
Midpeninsula Regional Open Space District
Sierra Azul/Bear Creek Redwoods Open Space Reserves Master Plan
1215106
Project Title: Sierra Azul / Bear Creek Redwoods Open Space Preserves Master Plan.
Project Location: Bear Creek Redwoods Open Space Preserve is located west of Lexington
Rescrvior and Highway 17 and south of Los Gatos in unincorporated Santa
Clara County. Sierra Azul Open Space preserve is located on the east side of
the reservoir and bounded by Highway 17 on the west, Sumnuit Road on the
south and Hicks Road to the east also in Santa Clara County (see attached
Project Location Map).
Project Description:
The Midpcninsula Regional Open Space District (District) is in the process of developing a Master
Plan and EIR for Sierra Azul / Bear Creek Redwoods Open Space Preserves in accordance with the
California Fnvixorimcmal Quality Act (CFQA). The purpose of the Master plan is to identify
objectives and guide future use and management of low-intensity recreation and natural and cultural
resources at the Preserves.
Bear Creek Redwoods Open Space Preserve encompasses more than 1,300 acres of native
evergreen forests, grasslands, ponds and perennial creeks. Cultural resources at this site include the
former Alma College Site, as well as prehistoric and historic era features. The Sierra Azul Open
Space Preserve encompasses over 17,000 acres of native woodlands, riparian corridors, chaparral-
covered slopes, and the headwaters of Los Gatos and Guadalupe Creeks.
The planning process for the Master. Plan is underway and an inventory that includes geological,
hydrological, botanical, wildlife and cultural resources are being compiled. Known resources at the
Sierra Azul / Bear Creek Redwoods preserves include:
• Special-status wildlife and plant species;
• Geologic features and fault lines;
• Scenic and aesthetic open space values;
• Areas with potentially significant cultural and historical resources; and,
• Low-intensity recreational trails for hiking, equestrian and mountain hiking use.
Issues that will be considered as part of the Master plan process include, but are not limited to, the
following:
e Adjusting the District's boundary to fully include Sierra Azul Open Space
Preserve to be coterminous with the boundary of the neighboring Santa Clara
County Open Space Authority;
* Long term management and conservation of significant plant communities and
wildlife habitats;
9 Exploration of suitable areas for low intensity recreation;
e Preservation of open space/scenic vistas;
9 Evaluation and management of arch acological/historical/cultural resources;
* (')pportunitics for new or improved staging areas and trail access;
* Agency coordination to achieve regional trail and open space connections;
o Interpretive and educational opportunities;
9 Controlling exotic and invasive species; and,
* Wfldland fuel management.
Midpeninsula Regional Open Space District
Sierra Azul/Bear Creek Redwoods Open Space Reserves Master Plan
2 1215106
Potential Environmental Effects:
Although ultimate low-intensity recreation and resource management provisions of the Master Plan
have not vet been determined, generally expected types of environmental impacts that may occur as
a result of the Master Plan can be identified. Based on the protective mission of the District,
resource characteristics of the Preserves, and information received from stakeholders to date,
potential environmental effects that will likely be addressed in the EIR include:
• potential conflicts between recreational users and an increase in the intensity of
use of the Preserves;
• Potential impacts to historic or cultural resources; and
• Transportation impacts associated with safety for ingress and egress.
Based on the extensive resource inventory, the District anticipates being able to avoid impacts to
sensitive habitats. While potential take of threatened and endangered species is not anticipated, the
EJR will describe future state and federal consultation and permit requirements that may be required
for anN, facility development that may be proposed, as necessary.
Intended Use of the EIR:
The Midpeninsula Regional Open Space District will use the F"IR component of the Master Plan to
consider the environmental effects, inlitigation measures, and alternatives, when reviewing the
proposed Master Plan for approval. The F1IR will serve as the state's CF1QA compliance document
for adoption of the Master plan. It will also serve as the programmatic environmental document
that may be referenced in n'riplcmenting future actions included in the Master Plan. Responsible
agencies may also use the FUR as needed for subsequent discretionary actions.
Scoping Meeting/Master Plan Workshop:
Tuesday, December 5, 2006
6:30 PM to 9:30 PM
Los Gatos Neighborhood Center
208 Fast Main Street
Los Gatos, CA 95033
The Midpen M s Lila Regional Open Space District is comprised of 50,000 acres divided into 25 open
space Preserves, which help form a continuous greenbelt of permanently preserved open space land
in the San Francisco Bay Area. The mission of the District 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.
Ana Ruiz, Project Planner, Midpeninsula Regional Open Space District Date
Attachment: Project Location Map
Midpeninsula Regional Open Space District
Sierra Azul/Bear Creek Redwoods Open Space Reserzvs Master Plan
3 1215,106
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
i
i
FROM: L. Craig Britton, General Manager
DATE: December 13, 2006
RE: FYI's
I
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RECEIVED
- - - DEC 13 2005
4MiM4WSULA REGIONAL OPEC'
SPAOE MSTRICT
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Driscoll Ranches Comments to r"-,trict Board - 12/13/06 Meeting - Ager,4 Item No. 4 Page I of 2
Carolyn Butler
From: Weber Tindle, Mia [mia.tindle@bingham.com]
Sent: Wednesday, December 13, 2006 2:35 PM
To: Sally Rice
Cc: Carolyn Butler; Mike Williams; rwd@2995woodside,com; Fowler, Jim
Subject: Driscoll Ranches Comments to District Board - 12/13/06 Meeting -Agenda Item No. 4
Dear Ms. Rice:
We are submitting this email to you in order to provide comments on behalf of Driscoll Ranches, LLC ("Driscoll
Ranches") to the Board of Directors of the Midpeninsula Regional Open Space District for tonight's (12/13/06)
Special and Regular Meeting. This is in regard to public agenda item no. 4.
Background. As summarized in the staff agenda notes, POST purchased approximately 3,700 acres of land
from Driscoll Ranches in 2002. The agreements between POST and Driscoll Ranches require that portions of the
land would be reconveyed to Driscoll Ranches (referred to as the "Driscoll Reconveyance Parcels" in the District
staff notes) at the same time that the approximately 3,681 acres of the land are conveyed to the District (which is
the subject property under consideration by the Board). The agreements also require the District property be
subject to a 50-year grazing lease to Driscoll Ranches, and certain springwater easements. The 50-year grazing
lease, as summarized in the District staff notes, is in place. The two springwater easements remain outstanding,
as does conveyance of the Driscoll Reconveyance Parcels to Driscoll Ranches.
Recent Activity. We understand POST and the District entered a purchase agreement for the 3,681 acre subject
property, as referenced in the District staff notes, although we have not been given a copy of that document.
POST and the District have also been processing applications with the County to obtain Certificates of
Compliance in order to comply with the Subdivision Map Act for purposes of conveying the various tracts of land
to the District or Driscoll Ranches, as applicable. In the meantime, the parties have been working to finalize
various documents, including the two springwater easements. The parties have worked cooperatively with each
other throughout this process, and we note in particular Mike Williams who has taken the lead on many items.
Agenda Item No. 4. Agenda item no. 4 contemplates the District will close on the purchase of the subject
property on December 29, 2006, District staff recommends that the Board waive a closing condition of the
agreement between POST and the District regarding finalization of the two springwater easements in favor of
Driscoll Ranches. If approved, it would also entail closing on the purchase of the subject property prior to POST
being in a position to convey the Driscoll Reconveyance Parcels to Driscoll Ranches.
We understand it is important to both POST and the District that the close of escrow be accomplished by year-
end. Therefore, and to demonstrate Driscoll Ranches commitment to the continued cooperative process, Driscoll
Ranches does not object to the proposed resolution, subject to the following:
1) The District will continue to work with Driscoll Ranches to finalize the form of the two springwater easement
agreements in the early part of next year, based on revised drafts we provided on November 28, 2006. The
District will enter into the two springwater easement agreements with Driscoll Ranches (after finalization as to
form) at the time a conveyance
f conve of the Driscoll Reconveyance Parcels from POST to Driscoll Ranches, and at that
y
time they will be recorded in the County Records.
2) The District's staff will copy both this firm and Rudy Driscoll at Driscoll Ranches on the escrow instructions to
be provided to the title company in connection with the District's purchase of the property. The District's staff will
obtain assurances satisfactory to Mr. Driscoll, such as a binder or endorsement, from the title company prior to
the close of escrow indicating the District's property is subject to the two springwater easements.
3) POST and the District, as record owners of the various portions of property involved in the transactions, will
continue to process Certificates of Compliance with the Subdivision Map Act with the County for the remaining
i
12/13/2006
i
. Driscoll Ranches Comments to ":qtrict Board - l2/|3/06 Meeting - Ageri'l" Uem No. 4 Page 2of2
Driscoll Reconvayanme Parcels, with cooperation from Driscoll Ranches. VVm understand from District and POST
� staff that the two remaining portions of land requiring Certificates of Compliance are referred to as the Event
� Center Parcel and gppro approximately 18Oa�ne�of�h�App|e {}rohgrdparoo| TlUetntheeepo�ionsof|andvviU
� . / �
remain with POST until the Certificates of Compliance are obtained. District staff has confirmed that these two
/ portions of the Driscoll Reconveyance Parcels will benefit from the District's exemption to the Subdivision Map Act
1
afforded hrthe District.
VVo believe we have obtained District staff s concurrence with the above points. |f for some reason the Board
does not concur with these points, then Driscoll Ranches states its formal objection to the transfer of title to the
District prior to1) the conveyance of the Driscoll Reoonv anoeParoe|shoDhsozDRonchemmnd2) fina|izadonof
the apringwahar easement agreements m favor of Driscoll Ranches. |
| |
| |
Thank you for your time and consideration. Driscoll Ranches looks forward to a long and mutually beneficial
relationship with the District.
"Note new
K4ia Weber Tlnd|e
Bingham K4cCutchenLLP
Three EmbarcaderoCenter
San Fnsnciaco, CA 84111
(415) 393-254Odirect !
(41S) 393-2OOOmain
(415) 383-2288fax
mn|m.dnd|ed0binQhmrn.uomn
vwvw,binQhamcom |
!
�
Bingham McCutcbon |Ll.P Circular 230Notice: To ensure compliance with IRS requirements, we
inform you that any D.S. federal tax advice contained io this communication ianot intended o,written to
be used. and cannot be used by any taxpayer, for the purpose nf avoiding any federal tax penalties. Any
legal advice expressed in this cueamuge is being delivered to you solely for your use io connection with ]
the matters addressed herein and may not be relied upon by any other person or entity or used for any
other purpose without our prior written consent.
The information in this e-mail (including attachments, if any) ie considered confidential and is intended
only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying ofthis e-mail
is prohibited except by mc0o behalf ofthe intended recipient. {f you have received this email in error, |
p|cmac oo1iFv one immediately by reply email, delete this email, and do not disclose its contents to
� anyone. Thank you. �
�
�
l2/\]/70O6
Dri§coll Ranch Page I of 3
Carolyn Butler
From: Mike Williams
Sent: Wednesday, December 13, 2006 2:59 PM
To: 'Weber Tindle, Mia'; Rudolph W. Driscoll Jr. (E-mail)
Cc: Wmoore@Openspacetrust.Org (E-mail); Craig Britton; Sue Schectman;
arust@openspacetrust.org'; Carolyn Butler
Subject: RE: Driscoll Ranch
Dear Rudy& Mia.-
sent you both copies of the District's Board Report addressing the District's purchase of the property by the end
of December. More to the point, page 2, paragraph 2 of the report addresses the need to bring the two
Springwater Easements and the Amendment to Lease back to the District's Board of Directors for approval after
the close of escrow. I also sent Rudy a copy of pre-escrow instructions sent to the title company indicating the
District is requiring a reissue of the title policy(at additional expense to the District) to address the recording of the
springwater easements in the new year When we last spoke, I indicated that the District remains committed to
cooperate with Rudy to finalize these documents. 1 will briefly address your numbered items below. By a
separate email I have sent you and Rudy revised plat maps from the surveyor for the springwater easements and
the Subtenant Estoppel Certificates for the Lease Amendment as previously requested.
-----Original Message-----
From: Weber Tindle, Mia [mailto:mia.tindle@bingham.com]
Sent: Tuesday, December 12, 2006 12:28 PM
To: Mike Williams
Cc: rwd@2995woodside.com; wmoore@openspacetrust.org; Fowler, Jim
Subject: Driscoll Ranch
Hi Mike - Per the voicemail Rudy and I left for you, this is to confirm the conversation you and I had last
week regarding the District's moving forwarding with obtaining title to Driscoll Ranch from POST. We
i f
understand that the District intends to close escrow on December 29, 2006, prior to finalization • the tw•
Springwater Easements and Amendment to Lease. You indicated this is because you believed the
remaining timeframe to be insufficient to finalize the documents and obtain Board approval, in part due to
the unavailability of your counsel who is out on medical leave, and because it is quite important to POST .
andpcur prior to ear-end. Walter, copied on this email, also
h the transfer of title o c
n he District that
p Y
mentioned to me that it is very important to POST that this transfer happen b ear-end. [Mike
e ry p pp Y Y
Williams] Since the District's Board approved the property purchase on January 12, 2006, the District has
worked diligently, and will continue to work diligently to finalize the springwater easements and residence
issues. Revised documents reflecting basic agreement between Rudy and l were delivered to you in mid
October requesting your comments and revisions returned to the District by October 31, 2006. Since
revised documents were not received until November 28, 2006, we simply ran out of time considering
POST's requirement that we close escrow by the end of December. From my stand point, the District has
not delayed finalizing these documents. We do have legal counsel on retainer, but this would be neither a
good use of time or District funds to involve a new attorney at this juncture. Therefore, we can resolve and
complete these agreements in January or February.
As I indicated, Rudy continues to be committed to a spirit of cooperation with you, Walter and all at the
District and POST, and so he is amenable to this transfer without the documents having been finalized, so
long as he has some assurances that the springwater easements will be finalized and recorded in due
course. Both you and Walter indicated it is everyone's intent to finalize the documents in due course and
there is no substantive impediment to that happening.
More particularly per our call, you confirmed the following:
1) The District will continue to work with Driscoll Ranch to finalize the form of the two Springwater
Easement Agreements in the early part of next year, once you are back from your holiday vacation. [We
12/13/2006
Driscoll Ranch Page 2nf3
provided revised drafts of the documents on November 28, 2006. As I mentioned, the revisions were based �
on previous discussions between you and Rudy as relayed to me by Rudy. | understand that you of course
also need on opportunity ho consult with your counsm| ] Youo|aoconhoned �h� Oim�h��vviUanbarinbo�ha� �
two S i Easements with Driscoll Ranch (after finalization as to form) at the time of conveyance of
the Driscoll Reconmayonms Parcels from POST bo Driscoll Ranch. You indicated you would send a letter to
Rudy confirming this. Rudy indicates that as of today he hadn't received that letter, so please fax it to us as
soonespoesib|e. ora|ternadve|yp|eeseoonfirmbyernai|.[&YikoWillianns] After our last telephone
conversation, //oftRudye &ekephone /n*aoegm/noYmytingthet/no/na/nconnrn �~r� with Rudy �
�ne0zuthese eDreen/enbsand b/help obtain the ne/na/n/ngCer�finebmnof(�onrp�enoeho /whoP ^87's �
conveyance o/the Reoonvm nmapance/oboDnomo0Rancheo. Upon approval by the District's Board |
| tonight, /will send m letter to Rudy and POST confirming this convnn/ttmen1
2) We discussed that we would also finalize the terms of the Amendment to Lease at the time offinalizing
the two Springwater Easements. This document is at the request of the District, and Rudy continues to be
agreeable to entering this document. You mentioned that there is an outstanding business issue between
| the District and Driscoll Ranch regarding the handling of costs of repairs and maintenance of the |
| �
residences. This confirms for you that we understand that issue requires further discussion between you
and Rudy. [Mike Williams] /spoke with Rudy earlier today about the maintenance and repair issue, /
understand that Rudy does not want the District to determine the level of repairs and maintenance of the
residential structures utilized by Driscoll Ranches oe part of the lease. CunvermlK the District does not
want employees or subtenants of Driscoll Ranches requiring the District to assume maintenance and repair
| ne4pon/b8/hea� drn This som
e mut
ual|
3) You indicated you would send a copy of prior Board resolutions to Rudy confirming the District had
previously approved granting the springwater easementshx Driscoll Ranch. Rudy hasn't yet seen those in
his in'box. so please provide these byhax.[&0keWilliams] You and Rudy have been sent e copy of
the Board Report for h7nightnmeeting. Rudy was sent copies of the prior Board Reports.
4) You mentioned that you would copy us on the escrow instructions you send to the title company and
would speak with the title company about obtaining some assurance, such as a binder or endorsement,
which indicates the property is subject to the opringvvahareosementn. If you have any difficulty in obtaining
this assurance from the title company, please let meknovv.[MikeWilliams] Ao indicated above, /have sent
Rudy a copy o//ny pre-escrow instructions (copy mttouhmd). Please refer honmy escrow instruction letter
5)We spoke briefly about the process of moving forward the Certificates of Compliance for the remaining
Driscoll Reconveyanoe Pmnoe|o. | understand from you and Walter that the two remaining portions ofland
requiring Certificates of Compliance are referred to as the Event Center Parcel and approximately 180
acres of the Apple Orchard Parcel, and that title to these portions of land will remain with POST until the
Certificates o/Compliance are obtained. You indicated that in the new year these two Certificates of
Compliance will be processed with the County and the parcels will benefit from the exemption to the
Subdivision Map Act afforded to the District. You also indicated that you will assist in the processing ofthe
applications. [On this point, perhaps it would be useful to have a brief meeting in person after your holiday
vacation to discuss the process, timing and the parcels involved.][Mike Williams] After the close ofescrow,
Rick Skierka (oun/eynr) will prepare the remaining two certificates ofcompliance applications using the �
District's mapping exemption from the Subdivision Map Act. /ann trying /o set 4pa submittal meeting with �
San Mateo County for mid-January h7 expedite this process.
I summarized all of these points again in the voice message Rudy and I left for you (except point 5
because your answering machine cut-off). If have missed anything from our call, please let us know. |
� Rudy'oaQreennant to not object to the transfer of Driscoll Ranch to the District prior to finalization of the
� Springwater Easement Agreements is based nn our understanding that there in agreement by the District
on the above points,
�
As always, Rudy and | look forward to working with you in furtherance of the |ong4amn relationship |
between the District and Driscoll Ranch.
Best regards, Mio
|2/l3/70A6
Driscoll Ranch Page 3 of 3
[Mike Williams]In summary, I suggest that the three of us(or four including the District's counsel) meet in
person or have a conference call to discuss these matters and resolve any outstanding issues in mid
January 2007.
Sincerely,
Michael Williams
Real Property Manager
"Note new namelemail"
Mia Weber Tindle
Bingham McCutchen LLP
Three Embarcadero Center
San Francisco, CA 94111
(415) 393-2540 direct
(415) 393-2000 main
(415) 393-2286 fax
mia.tindle@bingham.com
www.bingham.com
Bingham McCutchen LLP Circular 230 Notice: To ensure compliance with IRS requirements, we
inform you that any U.S. federal tax advice contained in this communication is not intended or
written to be used, and cannot be used by any taxpayer, for the purpose of avoiding any federal tax
penalties. Any legal advice expressed in this message is being delivered to you solely for your use
in connection with the matters addressed herein and may not be relied upon by any other person or
entity or used for any other purpose without our prior written consent.
12/13/2006
. .
� y
�� y Open Space
Doxcmbcr8. 2OO6 ��m|QPEw|NSULAnEGIwAL OPEN SPACE DISTRICT
� Old Kcpuh|ic Title Company �
� 436Pu/bximuStree
t �
Half Moon Bay, CAV40|9
Attn: Angie 800ho/, Foo/ox,Officer
Re: Addition to La Honda C/cckOpen Space P/eyowr-
Peninsula Open Space T/ud(Di imo|| Ranch Property(your YVn 0353001952) �
/ Deal Ms Lewis:
Thiy letter shall serve xa advance cmoron insimo(ions. and xmond my p/c,iuoo instruction letters date(] |
January 2O. 2O06 and AoIus| 10, 2006 |b/ you/ EscnowNo 0353001952 When YOU ate prepared toclose
| coumniou:co/donuzwi|h these ing/udious and tile lei ns and conditions u[UiconunhedPmchase
|
Ag/cemen|—Bargain Sale dated /onou/y |2, 2O06. nz will wire the umoon(o[Four Million and No/\OO
Dollars ($4.00O,Q0OOO), which is tile balance o[\he purchase p/ice nfY4|ne Million and |4o/1OO Dollars,ux �
|
ypcxiUod in Section Iof the Ag)coment Five Million and No/lO0 Dollars($5,OOO,O000O)was already
paid into cxcconnu n Deposit to Peninsula Open Space Trust(POST) in accordance with pmuOmph 3 of �
the Amendment tnPu/chnsn /\grcemeu(— Bargain Sale dated AogugQ, 2OO6 This escrow should close �
on Dcucmbor2O. 2006. bill in no event later than December 29. 2006 Please complete |he Ko||owingo(upy
to close eoomwexpcdi{ioos|y
| The signature page mu tile Grant Deed was previously delivered to your office for proper nscou|ioo
and acknowledgment. & legal dcoc/ipiimn of the Ill opu/(y covering San Mateo Couo(yAssessor's �
Parcel Numbers O78-270-OlU.'O2O, -O3O; O78-29O-0|0. -020, '030, -060; 082'140'020; 082'170'
010. '040xnd |ododingxnoppononon\ooccsscusomeo/oo /eOnntoJio (hcFouithAmcndzd
Prc|iminmy Dcpnr( Plcun,xttocb the legal description from the Fourth Amended Report to
the Grant Deed and send mmc o fax nrPDFcopy of the Grant Deed and Legal Description for
my review and approval before having the Seller execute.
2 Based oil tile date n[tile Grant Deed,fill/n the u/21)/zYx mmblank q1 the Ce,�ficmoujJco4woncc
/nv,/mx,/ydc/:'e/eJ/o)vrx/ office
3 The DiyUic| io waiving the Sp/iogvote/ Euocniont Agreement, RcsiJcnUu| Rental Agicrmontxnd �
�
Tenant Estoppel Certificates as Closing Conditions ill accordance with Scc(km ] of tile Purchase
Agiecmun/ su6jec| to (hc District's Board of Directors anticipated approval oil December |],
2006
4 POST nhoU deliver n fully executed and /cuon|nb(c Assignment of Leases for proper cxccohnn and �
acknowledgement.
5 Based nn the date of the Assignment o[Leases,fill in the vMm op/katx blank q/the ac/o^m/
Co//�fico/ex1Jcxcp/once |
� 6 First record the Omot Deed and its accompanying CeAifioo{c of Acceptance, and oocnod com/J |hc
Assignment of Leases and its uccompuny|o&CoUiDcale of'Acceptance in 3u11 Mateo[bon|y (Du
not record the Purchase Agreement, Amendment to Po/Jmso Ag/ccmen,or the DiuNn( |
Rcso|oiion) /
ovomwCircle 65v-691-1200 infoftpenspace.org BOARD o"o/xcooMPete Siemens,Mary Davey,Jed Cyr, mw,m^M^w^c,V
Los Altos c^»4o 2-1404 65`691'0485mx w=wopenspaamo curt Riffle,mo"mteoonxo,Larry ovovtt,Kenneth cw^ L Craig ummo
. .
8onho
Dcacm6cr 8` 2000
Page
Following recordation, dis600c Ulc K/udsuu inmkucte6hy the sellers and issue Ntile DiaUidyou/ Policy
of Title |nmomnccin duplicate, ill the face amount o($25/455.000, su6iccttnthe exceptions identified
below hmk/dmd v/iUh the Policy o[Title hnuroncn. Uhe District iorcquhingail Owner's Roiuunco(Po|ioy
to address Spxingwu(n/ Enocmcn1 Agpccmenty (km ale expected W be conveyed From the Diubio( to
| Driscoll Runuhcsdo/iug tile Cal|y part of'ZOO7
�
� | Taxes are to be handled in ucco dmxce with Section 4986 of the Kovcnoc Tmmxkm Code This
District im tax exempt, and will n0000} p/upouy taxes after rnonrdx(|nn; dbv/o[b/o. please obtain and
send Lis u conformed copy of the {|/unt Dccd, stamped by tile Recorders office for this pu/poxc �
| �
2 Exceptions numbered 12, |], N. }il6. |7. |8, (9'20,2|. ]2'23, Z4, 25. 26. 27,28. 20`3O,
|Exocptk,u 31 is to be c|inm\nntud by houfog an Endorsement No. 100.5 for-exception 301, 32.
33 ITbc recordation of life Assignment of Leases should be reflected in oscunWon 331 and 34
as listed in you/ Fourth Amended P/rUminory Title Report u[lVovcmbc/ 15. 2006
Note: Any other liens Of cncmnbmuocs, hu|uding delinquent taxes, arc in be cleared in the
escrow and paid |h/ hy the sellers
3 Upon recnndutlnn, p}como mrud u conformed copy of tire Grunt Deed to Rick8kdodku. i
| L1ccnmo4 Land Surveyor, P.O. Box 620182`Wnodo|du. CA04U0%.
|
Pob|icogmncyhxnsac<ionuoocxomp( 0mn /uvunooy|nmp/cqui/mncntsi000co/dunocnidhSem{inn 11922
of California D:vcuoc and Taxation Code All documents arc to be recorded without chu/Ao pumouo\'o |
Govcmmcn( Code Section 6|0] and/or I7383 Also, nuP/eUminu/y Change o/0nucuhip Reports are
/mqoiied |6/ public agencies; |hc/cGu/muoadditional $l00Orecording flee is to he assessed uno /rmJ| n/(hc
obxenccohhis form a/the time of/nno ding
The District shall pay all o|the ouytommycoc/mw and title insurunce costs and fees related to this �
transaction in accordance with uumbo/cd Section 5 Ho[tile Agreement, Tile sellers are /csponsihle for
any and all /c000vcymuuoo/ transfer fees for any deeds o[trust, [o)| release u[mortgage, payment ofliens, �
discharge o[judAmon$, or any legal, administrative n/ other costs of-expenses seller mny incur in �
delivering marketable title ootile District Appmp/ixte District costs, K any, arc *o6e biUcduMc/ close of
omroo �
|Uhc/c is any reason that this cmumn cannot close ill accordance with \hcac inatrochnns,of- i[you have any
questions, p|cunc call mc at(650) 691-1 ZOO
8ioou/cly.
Michael C Williams
Real Pmp /ty Manager
Enclosures .
cc: &od/cyKxmt
Wokc/ Moore
Steve Johnson
RudyD/iocoU �
�
� .
�
Regional Open SpAge
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 12, 2006
Ms. Neelima Palacheria
LAFCO of Santa Clara County
County Government Center, 11 th Floor,East Wing
70 West Hedding Street
San Jose, CA. 95110
Re: LAFCO's Agricultural Mitigation Policies
Dear Ms. Palacheria,
Thank you for the opportunity to provide input on the LAFCO of Santa Clara County
(LAFCO) Agricultural Mitigation Policies.
The Midpeninsula Regional Open Space District (District) supports the lasting protection
of agricultural lands. In general, the District supports the LAFCO Agricultural
Mitigation Policies, though we still have some reservations.
As we noted in our previous letter of September 26, 2006, we believe that the 1:1
mitigation ratio should be the minimum standard for agricultural land preservation, and
recommend that a higher replacement ratio may be more appropriate. We remain
particularly concerned with the option for the payment of in-lieu fees at a 1:1 ratio, and
recommend that these only be accepted as a last resort, and at a substantially higher
replacement ratio (at least 2:1).
The District also recommends that the agricultural conservation entity receiving the
mitigation acreage or in-lieu fees be limited to a public agency to ensure permanent
conservation, and public oversight.
The District commends the work by LAFCO staff in preparing the Agricultural
Mitigation Policies, and appreciates the opportunity to comment.
Since ely,
L. Craig Britton
General Manager
LCB:mb.jb
33o Distel Circle 650-69i-1200 info@opentpace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
o c Iv\
p c a r cLJ ti.- d
+ems
44,
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.�-� �Jp u� i n � 1-...rc(� �rv.)l.-a o•. u,.iA i -�-E--�� _1 cam,.. cU -�-`..�
RECEIVED
DEC 0 5 2006
MDPENINSUL_A REGIONAL OPEN
SPACE DISTRACT
��
�kE8k�L0TIK�N N��. -p'`—~^~` ' �� - -- /
--' U
� Resolution of the Board of Directors of the
�
� M|dpxn|nmu|a Regional Open Space D|otr|x/
| Honoring Del(2vuu)Woods
| Upon the Occasion nf his Retirement From the District
WHEREAS, Ile success of tile Midpeninsula Regional Open Space District is the result, to the greatest degree,n[tile
tireless efforts by its staff, and
WHEREAS, one such individual, Del \foodu, in both his professional and personal capacities, has repeatedly shown m
sincere dedication and commitment to open space preservation and since |Q75,the year of his employment with the District, �
has contributed �pcaUy to the success of the District, and �
�
VYHBK2&8, thc board ny directors recognizes and acknowledges that ingimhoou) memory is an important asset for
any organization.as it helps to maintain a consistency and cohesiveness of policy and procedure from year to year and from
decade to decade for the benefit Of tile Community it serves; and Del Woods is the longest employed member of the District �
�
staff in history(while remaining a relatively young man),a record that may never be broken, and as a result, Del has agreed to
provide an oral and video-taped history based upon his 32 years of experience with the District, and
YVH[R£AS, in addition, Del Woods has moved up the career ladder mthe District(changing titles an average nfonce
every 2.4 years)holding the positions of Planning Aide, P|onuor. Senior Open Space Planner, Environmental Management �
Planner, Principal Open Space Planner, Senior Planner,Acting Planning Manager, Senior Management Specialist, Senior
� Acquisition P|unner, Acting Land Acquisition Manager, and Senior Real Property Planner;and /
WHEREAS, Del \Vomda has presented comprehensive, if not mind numbing board reports and project reviews oyu
complex nature; and
| WHEREAS, Del Woods has provided project troubleshooting and problem solving; and database project skills; and virtually
every other area of District effort including being the Guru of Open Space Land Dedication, and
VVH6KE&S. Del Woods has spent much of his hme with the District out in the^'hdd^ looking and investigating private
� property that has been proposed for District purchase and has walked trails and roads and hiked cross-country through Poison Oak and
Star Thistle,and has been chased by mountain lion and California Quail and has enjoyed the quiet serenity and scenic houu/y of tile
extensive open space lands located along the San Francisco Midpeninsula, all the while being paid a regular salary by the District to
perform these arduous tasks, and
| WHEREAS, Del Woods has decided to ndo after serving for more than three decades with the Dio|riut, with the
comforting knowledge that his imprint ontile District policies, procedures, plans, agreements,operations, ordinances,and land
form will live on in perpetuity,
| NOW, THEREFORE, BE IT RESOLVED that the Board o[Directors, on behalf nf its staff its constituents, and all the
| flora and fauna(both native and exotic) inhabiting its lands does hereby congratulate Del Woods upon the occasion of his well-
deserved rchnmnn\and further commends and applauds him for his 32 years ofdedicated service and offer to him its highest
honors and most sincere gratitude for his work in carrying out,and in fact-embodying-the District's mission.
Adopted hy the Board ofDirectors
December 13, 2006 |
�
� |
� �
\ F�,
\`) .
RESOLUTION NO.
Resolution of the Board of Directors of the Midp*oimmolm Regional Open Space District
Commending Ms. Mary Gilman for 24 Years oy Service *k Deer U-Iel0wvvFarm �
W"EREAS,the Board of Directors of the MidpeninSLila Regional Open Space District and the City of
Mountain View entered into an agreement in {979t* permit and encourage the City tooperate Deer |
� Hollow Farm ot Rancho San Antonio Open Space Preserve; arid
�
WHEREAS, with the arrival o[Mary Gilman in |V#2om the Deer Hollow Farm Director, environmental |
|
� education guru, farm animal mid-wife, teaching docent/livestock VOILinteer/and camp counselor mentor, !
� arid preserve denizen, u journey o[epic proportions was begun; and
�
WII6RFAS, Mary has connected thousands of children to the natural world arid to a knowledge of farm |
� and ranch life by sharing in their wonder, engaging them in discovery, telling stories bothenn, revealing
|br them the history o[the land arid its early people, leading them on hikes, supporting a rabbit intheir
arins, showing them how to harvest beans, getting Muddy with thern, and standing in the Sunshine
together, and |
WB6KFAS, while the community aJ large has enjoyed undbcencducuicdhvihcefilbrtsK1xry, herstaJf
and vviun(#cm, have put into making working farm available for all to visit and providing
� opportunities to rneet pigs, goats, sheep, cows, chickens, rabbits, ducks, horses up close and personal-, �
and
WUEREAS, while Mary has toiled a|on�midcDistrict stuff(Farm h4oink:nmnccVVorkc,a, Rangers, and
Open Space Technicians) io ensure\h�t Deer Hollow Fannoa part of Rancho San Antonio Preserve iy �
the best that it can be, she has also worked closely with the District's Operations Assistant to minimize
scheduling conflicts for groupm/viaitors to the Farm; and
� WHEREAS,the District has benefited from Mary's 24/7 presence, as have all the animals she has /
nursed, birthed, and cared for, farm and wild alike, and
W[IFREAS,the warm and joyful laugh heard all the way from the goat barn to the Ohlone village will
long be remembered as Mary's, and will be heard as a legacy echo by all who listen.
Now l[tiEREF0REBE8T RESOLVED that the Board of Directors mfthe Midpooiomu1aQcgiouol
Open Space District commends and applauds the i0000)pu,ob}c level of passion, motivation, and
dedication that Mary Gilman has given to her leadership role at Deer Hollow Farm, arid wish her
� well oo the next leg of her journey into -retirement.-
Adopted by the Board ofDirectors
� December |3, 20Ob
�
�
�
--.regional Open Sp. ,e
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 8, 2006
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Dear Ms. Hall:
In an email dated December 2, 2006, you advised the President of the Board of Directors
of Midpeninsula Regional Open Space District (District) of your new position as Chair of
the Woodside Trails Committee. You also requested an update on the status of grant
funds expected in support of projects at Thornewood Open Space Preserve and an
implementation schedule.
I am pleased to announce that the District received grant funding under the Coastal
Nonpoint Source Pollution Control Program (CNPS) Proposition 50 from the State Water
Resources Control Board. Funds are to be used specifically for projects to implement
water quality improvement actions toward eliminating impairment of waters in the San
Francisco Bay Region. As you know, Dennis Martin Creek is tributary to San
Francisquito Creek, which is listed as impaired by sediment under the Clean Water Act,
Section 303(d).
Grant funds are not tied specifically to a bridge over Dennis Martin Creek; instead, they
are tied to priority road and trail repair projects for all District lands within San
Francisquito Creek watershed. The District intends to use a portion of these funds at
Thornewood Open Space Preserve once the Board of Directors gives policy guidance to
staff on implementation of priority projects at that Preserve.
Staff is overseeing civil engineers, engineering geologists, and geotechnical engineers to
develop options for public access over Dennis Martin Creek along the existing Dennis
Martin Trail alignment. Preliminary soil core drilling results for locating bridge
abutments were not as good as consultants had hoped, in large part because of the
geologic instability of the site. Options for other ways to cross the creek are being
examined and staff has a field appointment to discuss these options with California
Department of Fish and Game in January 2007.
Staff is shepherding the project along as quickly as possible and is aware that this project
is important to the Woodside Trails Committee. A full range of alternatives will be
presented to the District's Use and Management Committee as soon as they are available.
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF Di RECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nanette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
I
CEQA review, Town of Woodside and resource agency permit applications will follow,
with implementation likely occurring in 2008.
Thank you for your continued interest in the District's management of Thornewood Open
Space Preserve. Please feel free to contact Meredith Manning, Project Manager, at(650)
691-1200, if you have further questions.
Sincerely,
Jed Cyr
President, Board of Directors
I
cc: L. Craig Britton
Matt Freeman
Rudy Jurgensen
Meredith Manning
i
Regional Open Sp. .e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 27, 2006
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Dear Mr. Dremann:
Thank you for your recent correspondence to the District regarding our resource
management practices. In your message, you identify what you believe to be an
inconsistency between the District's recent examination of grazing as a management tool
for the District's grassland areas and language within the Vegetation Management Policy.
Although the Resource Management Policies document does identify grazing as a threat
to native plant communities (Chapter 4, page 4-1), the text goes on to state that
"controlled grazing" is a vegetation management alternative that can be used in the
"maintenance, establishment, or restoration of target vegetation that meets a preserve's
management objectives." (Chapter 4, page 4-2) The District is currently developing
grazing management standards consistent with these policies under which livestock
grazing will be used to manage grassland habitats.
In response to your questions regarding the District's management of Harding grass and
yellow star thistle at Russian Ridge Open Space Preserve, the District has been working
on the control and management of these species through several methods including the
use of prescribed fire as a resource management tool and the on-going release of
biological control agents in efforts to reduce the viability of seeds from yellow star
thistle. The District has also mapped the occurrence of non-native vegetation for all of
the District's lands to help prioritize areas for treatments.
Thank you for your continued interest in the District's resource management activities.
Sincerely,
Jed Cyr
President, Board of Directors
cc: L. Craig Britton
Rudy Jurgensen
Kirk Lenington
Cindy Roessler
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:PeteSienlens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton